CC - 08-10-82APPROVED
CITY OF ROSLMEAD
DAT 8 ~ Ia
s
MINUTES OF THE REGULAR MEETING
OF THE ROSEMEAD CITY COUNCIL
AUGUST 10, 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 Councilman Taylor.
ROLL CALL OF OFFICERS:
Present: Councilmembers Cichy, Cleveland, Imperial, Taylor
and Mayor Tury
Absent: None
APPROVAL OF MINUTES: July-13, 1982 --Regular Meeting
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY
that the Minutes of the July 13, 1982 Council Meeting be approved.
Vote resulted:
AYES: Councilmen Cichy, Cleveland, Taylor and Mayor Tury
NAPES: None
ABSENT: None
ABSTAIN: Councilman Imperial
Whereupon the Mayor declared said motion duly carried and
so ordered.
Councilman Imperial requested that the record show that his
"abstain" vote was because he was not present at that meeting.
ORAL COMMUNICATIONS
A. Rita Angel, 2607,21 Willard Avenue, complained that Fern
Avenue School site does not have recreation supplies, and the
children bring their own nits and bats and the recreation leader
brought his own ping-pong table and supplies and his own music.
She inquired if any of these things are to be supplied by Parks
and Recreation.
Robert Dickey, Assistant City Manager, stated that he would
get back to Mrs. Angel and look into this particular matter.
B. Mayor Tury stated that the Red Cross Blood Mobile will
be at the Rosemead Community Center on August 17th from 2:00 p. m.
to 6:45 p. m. for all those wishing to donate blood.
C. Charles Kelly, 7419 E. Fern Avenue,
a problem in the area with the bicycles•bEiing
and suggested that Rosemead should look into
have in the City of Monterey Park.
Mr. Kelly also commented on an old house
that had been purchased about 2 years ago and
there with no improvements.
stated that there is
riden on the sidewalk,
x bicyle zone as they
at 7440 E. Fern Avenue
that is just sitting
Mayor Tury stated that the City is acting as their own Rehabili-
tation Appeals Board and there are a lot of properties that they
will be taking care of.
Robert Dickey, Assistant City Manager,.requested Mr. Kelly
call him tomorrow and he would discuss it with him. 11
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II. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER THE INSTALLATION OF SIDEWALKS
LOMA W/S Valley to Bentel and MUSCATEL W/S Valley to Hovey
W/S Bentel to Mission W/S Hovey to Scott
E/S Valley to Mission W/S Scott to Edmond
W/S Edmond to Mission
Mayor Tury opened the Public Hearing and inquired if there was
anyone in the audience who would care to speak regarding the installa-
tion of sidewalks on Loma Street W/S Valley to Bentel.
No;one came forward so he closed the Public Hearing.
Mayor Tury opened the Public Hearing on Loma Street W/S Bentel
to Mission and inquired if anyone in the audience would care to speak.
Mrs. Dobbins,4111 N. Loma, inquired about the cost of sidewalks
on her property which is located at the corner of Bentel and Loma.
Robert Dickey, Assistant City Manager, stated that the 60 day
notice that was received is a notice that allows you 60 days to
take out a permit and have a contractor build a sidewalk pursuant
to the City-standards. You can then pay the contractor directly
instead of being assessed-by the City. The exact cost of the side-
walk will not be available until after the bids are received, but
somewhere around $1.50 a square foot has been estimated.
Mrs. 'Dobbins inquired if she also pays for the side of her
property as'it faces Loma, and the frontage is on Bentel.
Councilman Taylor stated that she would be assessed for the
frontage plus 50 feet of the side property line.
Robert Dickey stated that she would be assessed for the maxi-
mum amount which would be 50 feet, but would not be assessed for
Bentel because sidewalks are not going in right now on Bentel.
Mayor Tury stated that Mr. Dickey could call her and explain
in more detail the procedures.
. Mayor Tury opened the Public Hearing on Loma E/S Valley to
Mission and inquired if there was anyone who would care to speak.
Mrs. Milburn, 9164 E. Mission Drive, stated that she also
owned corner property which has a lot of side footage on Loma,
and inquired if she would be assessed for only 50 feet on the side.
Robert Dickey, Assistant City Manager, stated that it was the
Council's policy that if the side exceeds 50 feet the maximum amount
to be assessed would be 50 feet.
Mayor Tury opened the Public Hearing on Muscatel W/S Valley
to Hovey and inquired if there was anyone who would care to speak.
No one came forward, and he closed the Public Hearing.
Mayor Tury opened!.the Public Hearing on Muscatel W/S Hovey to
Scott, and inquired if there was anyone in the audience who would
care to speak.
No one came forward, and he closed the Public Hearing.
Mayor Tury opened the Public Hearing on Muscatel W/S Scott
to Edmond and inquired if there was anyone in the audience who
would care to speak.
No one came forward and he closed the Public Hearing.
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Mayor Tury opened the Public Hearing on Muscatel W/S Edmond
Drive to Mission and inquired if there was anyone in the audience
who would care to speak.
John T. Cook, 4411 N. Muscatel, protested sidewalk construc-
tion, and inquired why it took so long when this matter could
have been taken care of twenty-five or thirty years ago.when it
would have been less expensive to the property owner.
Mayor Tury stated that it was ashame.that this was not taken
care of many years ago and it would have saved a lot people a lot
of money.
Lloyd Alexander, 4403 N. Muscatel, stated that he felt that
there was. not a need for sidewalks, but he felt that some street
repairs should be done first.
Mayor Tury inquired what damages there were to the street.
Mr. Alexander stated that a car ran into the fire plug on the
corner of Edmond Drive and Muscatel and when it was repaired they
did not do a good job, and he commented that Edmond Drive and
Muscatel is used a race track for motorcycles and fast cars.
Mayor Tury stated that these problems will be looked into.
Mayor Tury inquired if there was anyone else who would care
to speak. No one came forward, and he closed the Public Hearing.
Councilman Taylor questioned the value of putting in sidewalks
on Loma Street.
Robert Dickey, Assistant City Manager, stated that.Loma Street
does link some important areas in terms of pedestrian activity; and
for that reason it was included in the budget and recommended this
evening.
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND
that the protests be over-ruled and order in improvements on Loma
Avenue. 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.
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TAYLOR
that the protests be over-ruled and order in improvements on Mus-
catel Avenue. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
B. PUBLIC HEARING TO CONSIDER EXTENSION OF MORATORIUM ON THE
ESTABLISHMENT OF AMUSEMENT ARCADES WITHIN CITY OF ROSEMEAD.
Mayor Tury opened the Public Hearing and inquired if there
was anyone who would care to speak regarding this matter.
No one came forward, and he closed the public hearing.
Mayor Tury stated that he had no objection to the moratorium
extension but he would rather have it extended for six months in-
stead of eight months.
There being no objections, it was so ordered.
ORDINANCE NO. 553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
EXTENDING A MORATORIUM ON THE APPROVAL OF THE ESTABLISHMENT
OF AMUSEMENT ARCADES IN THE CITY OF ROSEMEAD
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MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR
that Ordinance No. 553 be adopted 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.
C. PUBLIC HEARING TO CONSIDER ADOPTION.BY REFERENCE OF THE
L. A. COUNTY CODE, TITLE 20, UTILITIES, DIVISION 2, AS
AMENDED THROUGH ORDINANCE 81-0043, AND AMENDING ROSEMEAD
MUNICIPAL CODE.
Mayor Tury stated that the Public Hearing was open and inquired
if there was anyone in the audience who would care to speak regard-
ing this matter.
No one came forward, and he closed the Public Hearing.
Councilman Taylor inquired when the last time there was an
increase in the fees.
John Maulding, City Engineer,; stated that he though it was
about six years.
Councilman Taylor questioned Section 20.32.130, Connection
Charge, was increased from $7 to $12 per front foot. He did not
feel that should be increased to $12.when there are so many other
fees charged besides.
John Maulding, City Engineer, stated that these charge is
only for the property owner who did not participate in the cost
of the construction of the sewer. There will be very few cases
where this would apply and there may be no cases in this City
where this would apply. This particular fee may not be used at
all in the City of Rosemead.
Councilman Taylor stated that he would not have an objection
under that basis.
ORDINANCE NO. 553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE §50022.2,
TITLE 20, UTILITIES, DIVISION 2 OF THE LOS ANGELES COUNTY
CODE, AS AMENDED, THROUGH ORDINANCE 81=0043 OF DECEMBER 8,
1981, AND AMENDING THE ROSEMEAD MUNICIPAL CODE IN ACCORDANCE
THEREWITH
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY
that Ordinance No. 553 be.adopted 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. 82-33 - CLAIMS & DEMANDS
RESOLUTION NO. 82-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $218,647.20
NUMBERED 8344-8350 & 4459 THROUGH 4546 INCLUSIVELY
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL
that Resolution No. 82-33 be adopted. Vote resulted:
UPON ROLL CALL ALL,COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
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B. RESOLUTION NO. 82-35
OF SAN GABRIEL BLVD.
OF HIGHWAYS
•
- CONSENTING TO ESTABLISHMENT
AS PART OF L. A. COUNTY.SYSTEM
RESOLUTION NO. 82-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, CONSENTING
TO THE ESTABLISHMENT OF A PORTION OF SAN GABRIEL BOULEVARD
WITH SAID CITY AS A PART OF THE SYSTEMS OF HIGHWAYS OF THE
COUNTY OF LOS ANGELES
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY.COUNCILMAN CICHY
that Resolution No. 82-35 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
C. RESOLUTION NO. 82-34 - INSTALLATION OF MISCELLANEOUS
STREET IMPROVEMENTS AND EXECUTION OF COOPERATION
AGREEMENT BETWEEN CITY & RRA
RESOLUTION NO. 82-34
A RESOLUTION OF THE ROSEMEAD CITY COUNCIL MAKING CERTAIN
FINDINGS AND DETERMINATIONS WITH RESPECT TO THE INSTALLATION
OF MISCELLANEOUS STREET IMPROVEMENTS FOR FISCAL YEAR 1982-83
FOR THE BENEFIT OF REDEVELOPMENT PROJECT AREA NO.1, AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COOPERATION
BETWEEN THE ROSEMEAD CITY COUNCIL AND THE ROSEMEAD REDEVELOP-
MENT AGENCY
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE-
LAND that Resolution No. 82-34 be adopted. Vote resulted:
AYES: Councilmen Cichy, Cleveland, Imperial, and Mayor Tury
NAYES: Councilman Taylor
ABSENT: Norte
ABSTAIN: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
Councilman Taylor requested that the record show that his "no"
vote was because of the street improvements on.Eckhart, Whitmore,
Hellman, Kelburn, Dorothy, Brighton and traffic signal improvements
at Valley at Walnut Grove, Valley at Muscatel, Valley at Ivar,
Valley.at Hart, Valley at Mission, Mission at Walnut Grove, Marshall
at Walnut Grove, and Mission at Muscatel. These projects are not in
the Redevelopment area, and should not be funded by Redevelopment funds.
IV. CONSENT CALENDAR (Except for CC-D and CC-F)
CC-.A AWARD OF BID FOR CDGB HANDYMAN IMPROVEMENT PROGRAM
CC-B AUTHORIZATION REQUESTED BY AMERICAN YOUTH SOCCER ORGANIZATION
TO USE ROSEMEAD PARK SNACK BAR
CC-C AUTHORIZATION REQUESTED BY BASEBALL ORGANIZATION YOUTH
SUPPORT TO USE GARVEY PARK SNACK BAR
CC-E REQUEST FOR USE OF. STRAIN POLES BY ST. ANTHONY'S CHURCH
CC-G ACCEPTANCE OF,ROAD DEED, PERMIT TO ENTER, AND''RIGHT OF WAY
AGREEMENT FOR DEL MAR IMPROVEMENT PROJECT,3027 DEL MAR
MOTION BY COUNCILMAN IMPERIAL, 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.
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CC-D AWARD OF BID FOR CDGB HOME IMPROVEMENT PROGRAM TO
LOW BIDDER
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN
CLEVELAND to award the Bid for Home Improvement Program to
the low bidder. Vote resulted:
AYES: Councilmen Cichy, Cleveland, Imperial and Mayor Tury
NAYES: Councilman Taylor
ABSTAIN: None
ABSENT: None
Whereupon the Mayor declared said motion duly carried
and so ordered.
Councilman Imperial requested that the record show that
although he does agree with the program, he does not agree with
the funding.
CC-F ASSURANCES & UNDERSTANDINGS REGARDING RECEIPT AND USE
OF PROPOSITION "A" FUNDS
Mayor Tury stated that it was his understanding that the
City is simply applying for the transit funds and the programs
that the funds will be used for will be determined after the
approval of the receipt of the funds.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY
that the Mayor be authorized to execute the Assurances and
Understandings regarding Receipt and Use of Proposition "A"
Funds. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION & ACTION
A. LUI'S FANTASY RESTAURANT & NIGHT CLUB
Robert T. Dickey, Assistant City Manager, stated that this
item was held over from the last regular meeting in which the
Council had reviewed the application from Mr. Andrew Lui for a
dance and entertainment permit for Lui's Fantasy Restaurant and
Night Club. There was a vote taken by the Council which was
two to two which essentially means there was no action taken on
the item, and is before the Council tonight.
Doris Karnes, 9047 Garvey, owner of business property, spoke
against the request for a Dance and Entertainment Permit.for Mr.
Lui's Fantasy Restaurant, and urged the Council to vote against it.
Joe Ortiz, 9021 E. Whitmore, residence, and a business at
90474 Sullivan Avenue,''spoke against the issuance of the permit.
Fred Kennedy, 735 W. Duarte Road, Arcadia, representing Mr.
Lui, and spoke on his behalf:
Frank Venti, Real Estate Instructor at E. L. A. College,.701
S. Atlantic Blvd., Monterey Park, spoke on behalf of the request
for a Dance and Entertainment Permit for Mr. Lui.
Ted Mori, 1504 Westmoreland Drive, Montebello, spoke in behalf
of the permit request, and he felt that Mr. Lui should be allowed
to prove.that he can operate the business in a peaceful manner.
Denice Pritchard, 3416 Charlotte, a patron of the restaurant
and nightclub, spoke on behalf of the request, and stated that she
has had a good-time there and enjoyed going someplace close to home.
Sally Lui, wife of Mr. Andrew Lui, protested against.accusations
made against the request for a Dance and Entertainment Permit.
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Michael Lui, 1709 S. Elm St., Alhambra, Health Inspector
for the L. A. County, stated that he was working in the City of
Rosemead. He stated that he would help and support and advise
his brother in the operations of maintaining a clean and sanitary
business,. and requested the Council give him a chance to prove
what he could do.with a Dance and Entertainment Permit.
Robert Kress, City Attorney, stated that the recommended ,
decision from the Hearing Officer was a denial without prejudice.
Without prejudice means that this establishment. can establish a
full service dinner menu. He also stated that several members of
the City Council are interested in something that will change the
present image for that business.. A denial of the Dance and Enter-
tainment permit does,not,prohibit any of the other permits.already
approved. So a motion to accept the Hearing Officers recommendation
would be appropriate and he would prepare a'Resolution for the next
Council. Meeting for formal adoption.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL
that the request for a.Dance and Entertainment Permit be denied
without prejudice to allow for reapplication.. Vote resulted:
AYES: Councimen Imperial,:Taylor and Mayor Tury
NAYES: Councilmen Cichy and Cleveland
ABSENT: None
ABSTAIN: None
Whereupon the Mayor declared said motion carried and so
ordered.
B. DEL MAR WIDENING PROJECT PARCEL #47
Robert Dickey, Assistant City Manager,, stated that the Garvey
School District took action to offer dedication.of the necessary
right-of-way to the Del Mar Improvement project.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR
that the Council accept the dedication of parcel #47 and authorize
the filing of the appropriate documents. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
C. REPRESENTATION IN SACRAMENTO
Robert Dickey stated that it was recommended that the City of
Rosemead be represented in Sacramento on August 11, 1982 to review
pending legislation, which would also allow an !opportunity to review
problems with soundwalls; cable television legislation and other
matters which might effect Rosemead.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY
that the City Manager and Members of the City Council be authorized
to attend.the meeting in Sacramento on August 11, 1982. Vote resulted:
UPON'ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
VI. MATTERS FROM OFFICIALS
A. CABLE.TELEVISION
Councilman Cichy stated that he was aware that there was an
enabling Ordinance adopted by the City some years ago, but he does
not feel that feel that would be appropriate or up-to-date. He
stated that he had received a copy of the Ordinance which San Fer-
nando is using which was prepared by our City Attorney, and also
the Ordinance used.by Temple City could be used for this City. He
requested that an Ordinance be prepared for Rosemead with inclusion
of Ordinance from Temple City and San Fernando or any other model
ordinances and have it brought back to the Council.
Mayor Tury stated that he felt that it was time that the pro-
gram be put in motion and directed the City Attorney to proceed
with the preparation of an appropriate Ordinance.
Councilman Imperial stated that he did not feel,at this time,
in.favor of an Cable TV Ordinance. CM 8-10-82
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Councilman Imperial stated:that there is a State Senate Bill
which is trying to usurp the authority of local government. He
felt that the.Council should unanimously oppose what the State
Government is trying to do in usurping local controls.
Councilman Cichy stated that would be one of the issues to
be addressed when meeting with several of the Senators in Sacra-
mento tomorrow.
MOTION BY COUNCILMAN IMPERIAL that the City Attorney draw
up a Resolution that will go to all members of the Congress,
and all members of the State Senate and Assembly stating are
unanimous opposition to the usurption of local controls.
The motion died due to a lack of a Second.
B. Parcel #56
Councilman Taylor inquired why Parcel #56 was not brought
back to the Council for approval from the last-Council Meeting,
but it was on the Claims & Demands.
Robert Dickey, Assistant City Manager, stated that the
Council did not want to take action on that parcel #56 at:the
last meeting because it was a pre-issued check. The action that
was taken was to run it through in a standard procedure with a
memo-.to the Council with all the back-up material and a previously
approved agreement.
Councilman Taylor stated that parcel #56 was one that he had
problems with in regards to the fact if enough money was being re-
tained for the work that had to be done.
Robert Dickey stated that he would be happy to get him another
copy of the report as presented.
C. PERSONNEL SESSION
A. Robert Kress, City Attorney, stated that the City Council
conducted a closed session to discuss several personnel matters,
and during the session the Council took action to approve two salary
increases both to be retroactive to July l,' 1982. The first is for
the Office of City Clerk, an eight percent (8%) increase, and for
the City Manager a total of $3,000 per year.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR
that the City Clerk's salary be increased by 8%d and the,City Manager
salar.y..be increased a total of $3,000 per year. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
There being no further business, the Council Meeting was ad-
journed to the next regular meeting of August 24,. 1982 at 8:00 p.m.
Respectfully submitted:
City Jerk
APPROVED:
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