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CC - 03-23-8261 • • MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL MARCH 23, 1982 AT 8:00 P. M. APPROV E D C11'1' Or ROS-rMRAJ) DATE-//_- The -f a The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:22 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Rev. Richard Acosta. ROLL CALL OF OFFICERS: Present: Councilmembers Cichy, Tury, Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: February 9, 1982 - Regular Meeting . \ MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the Regular Meeting of February 9, 1982 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: February 23, 1982 - Regular Meeting Councilman Taylor requested a change on page #1 regarding the explanation of the cost of the EIR. The word should be "inaccurately" instead of accurately. That was corrected. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the Regular Meeting of February 23, 1982 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: March 9, 1982 - Regular Meeting MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Minutes of the Regular Meeting of March 9, 1982 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: Mayor Imperial requested that Mr. & Mrs. Tony Smith with daughter Amelia to come forward, and he requested that Captain Anthony Varga of Engine Company #42 and Firefighter Specialist Frank Luna, Firefighter Paramedics Company Squad #47 Dan Ramirez, and fellow firefighters, Nick Torres, Larry Gardeneta, and Mark Nelson. Mayor Imperial stated that the family of Tony Smith is all in tact because of the efforts of the paramedics and the firefighters present, and he presented a resolution of commenda- tion honoring and thanking the Firefighters of Engine #42 and Paramedics Squad #47 of the Los Angeles County Fire Department for saving the life of Amelia Smith, 19 months old, a victim of drowning." Mr. Tony Smith stated that there was nothing that he could say to these men more than "thank you for saving his most precious possession". CM 3-23-82 Page #1 • Mayor Imperial read a letter of resignation from Robert Gutierrez, Administrative Assistant,which will officially take place March.31, 1982 and assume the responsibility of City Manager of La Habra Heights April 1st, 1982. Mayor Imperial presented Robert Gutierrez with a plaque.com- mending him on his two years as Administrative Assistant in Rose- mead, and stated that he enjoyed having him with the City and he felt that he had been an asset to the City and he would be missed. Robert Gutierrez, Administrative Assistant, express his appre- ciation to the Council, and to the entire staff and most grateful to Frank Tripepi for all his help. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL TO LOW DENSITY RESIDENTIAL TO STEELE STREET FROM GERNERT AVENUE TO MUSCATEL AVE. Mayor Imperial stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding this Public Hearing. No one came forward, and the Public Hearing was closed. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the filing of the Negative Declaration be approved,with the finding that the amendment of the General Plan will not have a significant effect'oh-the`environment`. `Vbte_re'sul.ted: UPON ROLL-CALL ALL COUNCILMEMBERS PRESENT''VOTEDt:AYF::- The-Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that the General Plan Amendment 82-5 be approved and the Resolu- tion::be prepared in accordance therewith for adoption at the next meeting. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTEDiAYE. The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING.TO CONSIDER AN APPEAL TO THE PLANNING COMMISSION'S DECISION ON A REQUEST FOR A CUP #81-238 BY FARRELL'S ICE CREAM PARLOUR, 3939 ROSEMEAD BLVD. .Mayor Imperial stated that the Public Hearing was open. Frank G. Tripepi, City Manager, stated that a letter was received from Farrell's requesting this item be deferred so that additional information may be available for their presentation. Mayor Imperial stated that the Public Hearing will be con- tinued until April 20, 1982 at 8:00 p. m. C. PUBLIC HEARING TO CONSIDER ENVIRONMENTAL ASSESSMENT OF DEL MAR AVENUE(GARVEY TO HIGHCLIFF) IMPROVEMENT PROJECT Mayor Imperial stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding this matter. Juan Nunez, 2702 Del Mar, inquired as to how much footage would be taken from his property for the widening of Del Mar. Mr. Andy Anderson, City Engineer, stated that there would be no land will be taken from his property.as far as what is on record right now. The street would be moved back toward his house and probably would effect his parking in the driveway. Mr. Nunez stated that there are some pot holes on the corner of Del Mar and Garvey that need repair. CM 3-23-82 Page #2 r • Mayor Imperial inquired if there was anyone else who would care to speak on this subject. No one came forward and the Public Hearing was closed. Councilman Tayl, Del Mar Avenue South from staff regarding have a report back. second paragraph.ahd accurate. Dr stated that he had a concern regarding of Garvey, and requested a recommendation posting that as a "no truck route", and He commented on Section #12. Housing. stated that he did not feel that it was MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that the Negative Declaration be approved on the Del Mar Avenue Improvement Project (Garvey to Highcliff). 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. 82-11 - CLAIMS & DEMANDS RESOLUTION NO. 82-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $498,987.04 NUMBERED 8194-8226 & 3375 THRU 3520 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Resolution No. 82-11 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. 82-12=- CANVASS OF MUNICIPAL ELECTION RESOLUTION NO. 82-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 1982 TO BE MADE BY THE CITY CLERK MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that Resolution No. 82-12 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. 82-13 - SUPPORTING WEST SAN GABRIEL JUVENILE DIVERSION IN SEEKING FUNDING UNDER AB 90 FROM LOS ANGELES COUNTY RESOLUTION NO. 82-13 A RESOLUTION OF THE CITY COUNCIL.OF ROSEMEAD SUPPORTING THE WEST SAN GABRIEL VALLEY JUVENILE DIVERSION IN SEEKING FUNDING UNDER THE ASSEMBLY BILL 90 AND JUVENILE;JUSTICE . AND DELINQUENCY PREVENTION FUNDS FROM COUNTY OF LOS ANGELES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Resolution No. 82-13 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 82-14 - CONSENTING TO ESTABLISHMENT OF INTERSECTION OF DEL MAR & GRAVES AS PART OF COUNTY SYSTEM OF HIGHWAYS & AUTHORIZING AGREEMENT FOR CON- VERSION OF SAFETY LIGHTING CM 3-23-82 Page #3 • RESOLUTION NO. 82-14 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF ROSEMEAD CONSENTING TO ESTABLISHMENT OF A PORTION OF THE INTERSECTION OF DEL MAR AVENUE AND GRAVES AVENUE WITHIN SAID CITY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Resolution No. 82-14 be adopted and the agreement for conversion of safety lighting be executed. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. ORDINANCE NO. 541 - AMENDMENT OF SECTION 4306(a) OF ROSEMEAD MUNICIPAL CODE RELATING TO NOISE CONTROL ORDINANCE NO. 541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 4306(a) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO NOISE CONTROL MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No..541 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. F. -RESOLUTION NO. 82-15 - APPROVING DESIGN REVIEW OF CAL FED CENTRAL PLANT FACILITY WITH EXCEPTION OF COGENERATION EQUIPMENT City Attorney, Robert Kress, stated that Exhibit "A" was amended, Exhibit "B" and "C" will remain the same. Councilman Taylor requested a clarification on page #2 (e) of the Resolution and have the addition of the fact that it was not until February 18, 1981 that Cal Fed submitted plans to the Planning Department for the use of cogeneration equipment. Councilman Taylor stated that he takes exception to the may some'.of these statements are phrased in this portion of the Reso- lution since he has not seen the amended plans.that are being re- ferred to in Section 3. He commented on the fact that many refer- ences are made to structures and buildings and this item is sup- posed to be just on the cogeneration'building.. Councilman Taylor inquired if this action is only upholding. the denial of cogeneration, and everything else can stay the same. Robert Kress, City Attorney, stated that was his understand- ing of the March 9, 1982 Council's.actions. Councilman Tury stated with the addition of 1981 date that the plans for cogeneration equipment were submitted, the new pro- posal hits the nail on the head. It states that they can operate their building to the fullest capacity with no cogeneration, no exeeding the noise limits of the municipal code, and no major pollution. He asked the Engineer if this Central Plant Facility is what would normally be accepted in a building this size. Engineer Elroy Kiepke, stated "yes" it would. The emergency generation capacity is about 60% of the normal operating energy on the plans submitted including cogeneration. Councilman Taylor stated that natural gas was to have been supplied to Cal Fed on a continuous consumption basis, and he requested that Mr. Tripepi explain what has happened to that. CM 3-23-82 Page #4 • • Frank G. Tripepi, City Manager, stated that the reason Cal Fed would be using diesel fuel instead of natural gas is that Southern California Gas Company has the option to sell or not sell natural gas for stand-by or emergency.status. The gas com- pany, at this point, decided that they will not provide natural gas to this facility since it has been converted to stand-by instead of the primary source. Councilman Taylor stated that the City Attorney has made the corrections`in theproposed Resolution 82-15. Robert Kress, City Attorney, stated that in the Resolution Section #3 he proposed to put Central Plant in front of building each and everytime that it appears and to make building singular each and everytime it appears and to strike and structures. Councilman Tury requested that these changes be written and be seen before the vote is taken. Mayor Imperial requested a recess for five minutes in order to have the changes available to the Council. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that the revised project, excluding cogeneration as a primary power source, will not have a significant effect on the environ- ment. Vote resulted: AYES: Councilmen Tury, Cichy and Mayor Imperial NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that the filing of the Notice of Determination be authorized. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. RESOLUTION NO. 82-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING DESIGN REVIEW OF THE CALIFORNIA FEDERAL CENTRAL PLANT FACILITY WITH THE EXCEPTION OF THE PROPOSED COGENER- ATION EQUIPMENT MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that Resolution No. 82-15 as amended be adopted.. Vote resulted: AYES: Councilmen Cichy, Tury and Mayor Imperial NAYES:. Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. City Attorney, Robert Kress, stated that Resolution 82-15 with Exhibit "A" dated March 23, 1982 and with the corrections commented on during this.'meeting. Councilman Taylor requested that the record show that his "no" vote was on the information that was presented to this Council last night and tonight with no current information as far as detailing of plans that were referred to and the total operation. He wanted to reiterate that in the Court Hearing it was stated that Mr. Benzian stated in his Finding of Facts and conclusion of law that Mr. Carmona did not have the proper information to evaluate the project. CM 3-23-82 Page #5 • Councilman Tury requested to make a brief comment.that he felt that the Council had bent over backwards trying to please the residents. There comes a point in time that this turns into more of a game than a matter of reason. When the plant goes in, it.will start to operate. There is a rationale when one is talk- ing about 24 hours a day and there is another rationale when it is operating sporadically for a half hour or hour. He was sorry that all of the requests could not be acquiesced to, but I think the major concern having cogeneration 24 hours a.day with pollu- tion in the area, the residents indeed did have a victory. Mayor Imperial stated that there was a problem in the City. It has been a tug-a-war between Cal Fed and those who took excep- tion to a cogeneration plant. We have come to a point where we should look at one another with communication,hoping to trust each other to do the right thing. Cal Fed got a mandate from this Council, that the people and the majority of the Council did not want cogeneration. That still stands. G. ORDINANCE NO. 542U-REQUIRING CUP FOR INSTALLATION AND/ OR OPERATION OF COGENERATION EQUIPMENT AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. 542U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING A CONDITIONAL USE PERMIT FOR THE INSTALLATION AND/OR OPERATION OF COGENERATION EQUIPMENT AND DECLARING THE URGENCY THEREOF MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 542U be adopted and the reading in full be waived. Vote resulted: AYES: Councilmen Cichy, Tury and NAYES: Councilman Taylor ABSTAIN: None ABSENT: None Whereupon the Mayor declared said four affirmative votes required for the ordinance. . ORDINANCE NO. 542 Mayor Imperial motion did not have the adoption of an urgency AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING A CONDITIONAL USE PERMIT FOR THE INSTALLATION AND/OR OPERATION OF COGENERATION EQUIPMENT MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Ordinance No. 542 as amended be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Tury, Taylor and Mayor Imperial NAYES: Councilman Cichy_, ABSTAIN.: None A: ABSENT: None Whereupon the Mayor declared said motion duly carried and so ordered. Robert Kress, City Attorney, suggested that the Council refer this matter to the Planning Commission for a parallel ordinance. There being no objection, it was so ordered. IV. CONSENT CALENDAR (Except for CC-F and CC-M) CC-A REQUEST AUTHORIZATION TO SOLICIT BIDS FOR LANDSCAPE CONTRACT CC-B REQUEST APPROVAL FOR CHANGE ORDER FOR ROSEMEAD POOL PROJECT CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY ATTORNEY SPRING MEETING IN LONG BEACH, APRIL 28-30, 1982 CM 3-23-82 Page #6 C~ 0 CC-D AGREEMENT WITH CITY OF EL MONTE FOR MAINTENANCE OF TRAFFIC SIGNAL AT VALLEY & EASY CC-E AGREEMENT WITH CITY OF SAN GABRIEL FOR MAINTENANCE OF TRAFFIC SIGNAL AT VALLEY & DELTA CC-G 4915 WALNUT GROVE--REQUEST FOR RED CURB MARKINGS CC-H 3219 JACKSON--REQUEST REINSTALLATION OF RED CURB MARKINGS CC-I AUTHORIZATION TO ATTEND CITY CLERKS ANNUAL CONFERENCE IN LOS ANGELES, APRIL 22-24, 1982 CC-J AUTHORIZATION TO ATTEND INDEPENDENT CITIES ASSOCIATION SEMINAR IN SAN DIEGO, APRIL 15-18, 1982 CC-K CLAIM AGAINST CITY ON BEHALF OF RONNIE LEIGH SAYLES CC-L CLAIM AGAINST CITY ON BEHALF OF ELIZABETH HOUCHIN CC-N VALLEY BLVD. E/O WALNUT GROVE, REQUEST FOR PARKING RESTRICTION CC-O APPROVAL OF PLANS & SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR TRAFFIC SIGNAL MODIFICATIONS CC-P APPROVAL OF SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR HANDYMAN IMPROVEMENT PROGRAM CC-Q APPROVAL OF PLANS & SPECIFICATIONS FOR GARVEY STORM DRAIN & AUTHORIZATION FOR L. A. COUNTY FLOOD CONTROL DISTRICT TO PROCEED CC-R AUTHORIZATION REQUESTED TO ATTEND CITY MANAGERS' SEMINAR NEWPORT BEACH, CALIF., MARCH 25-26, 1982 CC-S AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES CON- FERENCE ON ANTI-TRUST LAWS, APRIL 30-MAY 1, 1982 IN DALLAS, TEXAS. CC-T AUTHORIZATION TO TRANSFER FUNDS TO HANDYMAN PROGRAM MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR IMPERIAL 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-F MISSION & EARLE - REQUEST FOR STOP SIGN AND CROSSING GUARD Councilman Tury stated that he could concur with the denial of a stop sign but he did not feel that a crossing guard would be out of line, and we should inquire as to how many students live on the other side of Mission Dr. Councilman Tury requested that this item be deferred to the next meeting for additional information. There being no objection, it was so ordered. CC-M AUTHORIZATION REQUESTED TO INCREASE INCOME ELIGIBILITY REQUIREMENTS FOR REHAB PROGRAM AND EXPAND TARGET AREA. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Income Eligibility Requirements for the Residential Re- habilitation Program and the expansion of the Target Area as re- commended be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said'motion duly carried and so ordered. CM 3-23-82 Page #7 V. MATTERS FOR DISCUSSION & ACTION A. TRACT NO. 42132--GUESS STREET CUL-DE-SAC Mr. Andy Anderson stated that there was a concern by Mr. Bailey who lives on the southside of Guess Street at the terminus where the cul-de-sac will be constructed and his concern was property being taken from him. Mr. Anderson stated that there will be no property taken from Mr. Bailey, and the only portion that would be rearranged would be a 5~ foot sidewalk easement in that parti- cular area. He, Mr. Carmona and Mr. Dickey explained to Mr. Bailey and roughly laid it out this afternoon and he did not object at that time. Councilman Taylor inquired as to what Mr. Pierce's decision was regarding the cul-de-sac. Bill Pierce, 8757 Guess Street, stated that he would agree to the release.of 1800'.sq. feet of his property, and stated that Mr. Saunders would be doing the improvement of the cul-de-sac and he is donating his property. He did not want to stand in the way of the progress of this sub-division. He felt that it would be most agreeable to him and most of the people on the street. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY' that the Tract map be approved subject to all the conditions that had been imposed by-the Planning Commission and the recom- mendation of the Engineer as well as the five conditions which were in the memo. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Tury requested that the minutes reflect that Mr. Bailey was not here to voice any objections to the action. There being no further business, the Council Meeting was adjourned to the next regular meeting. Respectfully submitted: C' y Clerk APPROVED: CM 3-23-82 Page #8