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CC - 11-23-82I) • • APPROVED CITY OF ROSE, MEAD DATGr1714- - MINUTES OF THE REGULAR MEETING `~Y 1. OF THE ROSEMEAD CITY COUNCIL NOVEMBER 23, 1982 AT 8:00 P.M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury at 8:00 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Cichy. The Invocation was delivered by Rev. Walt Jackson. ROLL CALL OF OFFICERS: Present: Councilmembers Cichy, Cleveland, Imperial, Taylor and Chairman Tury Absent: None Mayor Tury recessed the City Council Meeting for a few minutes. The City Council Meeting was reconvened. Councilman Taylor stated that the recess was in order to complete the Rehabilitation Appeals Board Meeting. APPROVAL OF MINUTES: November 9, 1982 & October 26, 1982 Councilman Taylor stated that he would like to have the minutes for November 9th and October 26th deferred and that he would get together with the Clerk to fill in some of the wording. APPROVAL OF MINUTES: November 16, 1982 - Study Session Councilman Taylor stated that on the Minutes of November 16th he requested that there be an addition of his request for a report on the freeway sound-wall construction included in the minutes. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that the Minutes of November 16, 1982 as corrected be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARINGS A. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION OF NECESSITY FOR RIGHT OF WAY ACQUISITION ON DEL MAR AVE. Mayor Tury stated that the Continued Public Hearing was open. Frank G. Tripepi, City Manager, stated that the Council needs to recess to a closed session in order to receive a report from the appraisor based on the directions given to him at the last meeting. The Council Meeting was recessed. The Council Meeting was reconvened. Robert Kress, City Attorney, stated that in the closed session the Council received a report from its real property appraisor in- volving the Del Mar improvement project. Based upon that report, the Council is ready to accept the reappraisal of Parcel #l, secondly, to direct the right of way agent to enter into negotiations with the property owner regarding the reconstruction work necessary and to also continue the Hearing on the Resolution of Necessity until December 14, 1982 at 8:00 p. m. in the Council Chambers. Mr. Kress explained to Mr. & Mrs. LeRoy that now that there is a document that can be negotiated it will give an opportunity to the right of way agent and them to negotiate. CM 11-23-82 Page #1 F) 0 i MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN CICHY that the reappraisal of Parcel ill be accepted, the right of way agent negotiate with the owners, and that the Public Hearing on the Resolution of Necessity be continued to December 14, 1982 at 8:00 p. m., in the Council Chambers of City Hall. Vote resulted: AYES: Councilmen Cichy, Cleveland, Imperial, and Mayor Tury. NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING TO CONSIDER AMENDMENTS TO SECTION 9106 OF THE MUNICIPAL CODE WHICH REGULATES THE R-3 ZONE. Mayor Tury stated that the Public Hearing was open and in- quired if there was anyone in the audience who would care to speak regarding this matter. No one came forward. He closed the Public Hearing. The following Ordinance was introduced on its first reading: ORDINANCE NO. 556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE "R-3" MEDIUM MULTIPLE RESIDENTIAL PROVISIONS OF THE ZONING CODE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the City Council concur with the Planning Commission's environ- mental findings and that Ordinance No. 556 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 82-48 - JOINT RESOLUTION OF THE BOARD OF SUPERVISORS & CITY COUNCIL OF ROSEMEAD RESOLUTION NO. 82-48 A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF UNINCORPORATED TERRITORY TO THE CITY OF ROSEMEAD----- "ANNEXATION #47" MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 82-48 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 82-49 - CLAIMS & DEMANDS RESOLUTION NO. 82-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $238,093.60 NUMBERED 8420-8427 AND 5237 THROUGH 5339 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 82-49 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 11-23-82 Page N2 P C. RESOLUTION NO. 82-50 REQUESTING ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR MODIFICATION OF TRAFFIC SIG- NAL ON VALLEY AT IVAR AVENUE AND HART AVENUE RESOLUTION NO. 82-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MODIFICATION OF TRAFFIC SIGNAL IMPROVEMENTS ON VALLEY BOULEVARD AT IVAR AVENUE AND HART AVENUE: MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 82-50 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Items CC-A, CC-D, and CC-I deferred) CC-B EMERSON PLACE--MID BLOCK CROSSWALK CC-C SAN GABRIEL BLVD.--CROSSING GUARDS CC-E AUTHORIZATION REQUESTED TO MAKE PARKWAY REPAIRS ON MISSION & FENDYKE CC-F AUTHORIZATION REQUESTED TO ATTEND CITY MANAGERS MEETING IN SACRAMENTO, DECEMBER 8, 1982 CC-G APPROVAL OF EMPLOYEES MEDICAL INSURANCE PROGRAM CC-H AWARD OF CONTRACT FOR STREET IMPROVEMENT--GUESS, OLNEY, AND STEELE STREET MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that the foregoing Items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-A FAIR HOUSING COUNCIL OF SAN GABRIEL VALLEY Councilman Taylor stated that he did not like the way the program is being presented and the automatic escalation clause that is part of it, which states an 10% increase each year. Marshall Krupp stated that there is an option to take that second year. If the Council does not want that second year ex- tention, they don't have to take it. Mayor Tury stated that the City has a choice to go with the County or the Fair Housing Council and felt that this was the Council offers the best bargain, and if they charge more than what they have stated in the next two years, the City can terminate the agreement and then go to the County. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that the Agreement with the Fair Housing Council of San Gabriel Valley be approved. Vote resulted: AYES: Councilmen Cichy, Cleveland, and Mayor Tury NAYES: Councilmen Taylor and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CC-D REQUEST TO USE & STORE WEIGHT TRAINING EQUIPMENT AT ROSEMEAD POOL/NIKE SWIM TEAM Mayor Tury inquired if the letter attached which holds the City harmless was a legal document. Robert Kress, City Attorney, stated it was not, and that the letter merely expresses an intention to enter into a proper agree- ment. CM 11-23-82 Page H3 • • MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR TURY that the Nike Swim Team be authorized to use and store their equip- ment at the Rosemead Pool with the stipulation that they pro- vide the proper documentation to the City with a hold harmless certifications for damage to or loss of their equipment. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested copies of the documentation be presented to the Council. CC-I AUTHORIZATION TO PAY EMPLOYEE MEDICAL CLAIMS Mayor Tury declared a Conflict of Interest on the medical claims Item. Councilman Imperial stated that he would like to abstain on this Item. He stated that the reason for his abstention is because he does have an outstanding.claim. Robert Kress, City Attorney, stated that this particular Agenda Item is really doing two things, first of all, if the Council choses to adopt this item is establishing a policy for the City that the Council is going to stand behind the Insurance Program that was promised to the employees and-officers.-The second part of-the action'is to authorize payment of those-claims that-have been reviewed and approved by an independent company at this point; Blue Shield of California. Blue Shield has found those claims to-be within the ABA insurance provisions. The two members of Council who have indicated their intention to abstain,have outstand- ing claims. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that authorization be granted to pay employee medical claims. Vote resulted: AYES: Councilmen Cichy, Cleveland, and Taylor NAYES: None ABSENT: None ABSTAIN: Councilman Imperial and Mayor Tury Whereupon the Mayor declared said motion duly carried and so ordered. V. MATTERS FROM OFFICIALS A. Councilman Cichy wished everyone a nice Thanksgiving. B. Mayor Pro Tem Cleveland stated that he had received com- plaints regarding the use of Lawrence Street between Muscatel and Ivar for band practice and that the residents on Lawrence are not able to go in and out of their driveways. He commented about the large area they have on their premises and wondered if it was nec- essary to utilize Lawrence Street for band practice. Mayor Tury stated that this has been going on for about 25 years and the band practice is only for three hours a week and did not feel that it was that much of an inconvenience for the residents. He suggested that the resident should write to the Council and cc the Board of Education. Frank G. Tripepi, City Manager, stated that a permit is required for band practice and one of the stipulations on that permit is to allow ingress and egress. He stated that he would contact the person complaining, and he would see to it that the school principal gets together with him and the pro- blem can be resolved. Councilman Imperial requested that the principal put in writing why he can't use the school property and have that on record. Mayor Tury stated if this item becomes a problem he would want it on the Agenda:..so the Council'can-'vote'.om-it. CM 11-23--82 Page H4 LI Councilman Imperial stated that there is adequate property there for them to hold their band practice and.they are using the street for which they were given a permit. Frank G. Tripepi, City Manager, stated that there is a letter of request from the school asking to utilize those as part of the permit process. He inquired if what Mr. Imperial was asking for was merely a written statement for the file from the principal in- dicating that it is necessary to utilize the public street for their practice, not a justification, merely a statement that they need to use it. Councilman Imperial stated that he wanted a statement that they why they need to use the street for practice and giving the reason why they can't use their property. He felt that with that information on file, he could justify the use of the street to those people who might complain. There being no further business the Council Meeting was ad- journed to the next regular Meeting on December 14, 1982 at 8:00 p. M. Respectfully submitted: CitV Clerk APPROVED: MAYOR CM 11-23-82 Page #5