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CC - 08-25-81D r • APPROVED CIT ' OF ROSEMEAD [)AT MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL AUGUST 25, 1981 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:03 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Hunter. The Invocation was delivered by Rev. James Bennett, California Christian Home ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Tury, Taylor and Mayor Imperial Absent: Councilman Cichy (excused) APPROVAL OF MINUTES: June 23, 1981 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the June 23, 1981 Council Meeting 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: August 11, 1981 - Regular Meeting MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that the Minutes of the August 11, 1981 Council Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Rev. Tom Phillips stated that he had taken a large number of lapel roses with him on a trip to Denver, Colorado and he became a celebrity because he wore a Rose from Rosemead and they felt he honored them because of the War of the Roses..in Manchester, England. When he told'them it'was a Rose.,from Rosemead, California, they thanked Rosemead for having Roses on their lapels. Mayor Imperial expressed his appreciation to Rev. Tom Phillips and stated that they could not find a better Ambassador from the City of Rosemead no matter how hard they tried. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURBS, GUTTERS, DRIVEWAY APPROACHES AND SIDEWALKS ON THE FOLLOWING STREETS: NEWMARK AVENUE-S/O 760077700 BLOCK(JACKSON TO DEL MAR) NEWMARK AVENUE-N/O 7600-7700 BLOCK(JACKSON TO EVELYN) FERN AVENUE-S/O 7600-7700 BLOCK(JACKSON TO DEL MAR) FERN AVENUE-N/O 7600-7700 BLOCK(JACKSON TO DEL MAR) Councilman Tury requested that Robert Dickey explain the process to those interested in the audience..prior to the opening of the Hearing. Robert Dickey, Assistant City Manager, explained that what is proposed is the installation of full street improvements on these blocks'that are mentioned. There are a number of properties with existing 'improvements, curbs and gutters, driveway approach and sidewalk, but they are very old and damaged and we propose to reconstruct the entire street. In the process we want to install improvements where they are lacking and those the property owners in which assessments will be levied and that will depend upon the bid that is received as to the actual cost for the install- ation of the improvements. CM 8-25-81 Page #1 • Robert Dickey, reiterated that if the property owner had existing curb, gutter, driveway approach and sidewalk that was installed by permit then assessments will not be levied for re- construction.;: The process is that the City receives bids and it will be several months before that process is achieved. Once that is done the Contractor goes out and installs improvements and that will be a couple of months and then it will take another couple of months before the bills are processed and conduct a confirmation of cost hearing, and those who will receive assess- ment bills, will receive a notice indicating how mucWKhe assess- ment will be and for what improvements were installed. It will also explain the method of payment and will" request that the City be contacted to review the payment of the assessment in detail. "This can be done in several ways. It can'be done in a lump sum payment to the City, it can be done by an install- ment plan that is approved by the City Council for those that qualify or can be put on the tax bill for the following year. Mayor Imperial stated that if there were questions that were unanswered by Mr. Dickey's explanation to feel free to contact the staff at City Hall anytime between 8:00 a.m. and 5:00 p. m. Mayor Imperial opened the Public Hearing and inquired if there was anyone-in the audience who would care to speak. Newmark S/07600-7700: Mr. Aleman, 7614 E. Newmark, questioned why he had to pay for the-improvements. Mr. Dickey stated that Mr. Aleman would only be paying for the sidewalk improvement since he already has an existing curb and gutter and driveway approach.,if they,had been installed by permit. Frank G. Tripepi, City Manager, stated that the City pays approximately 65% of the cost and the property owner around 35%. Fern Avenue S/0 7600-7700: Mr. Peter J. Lugo, 7640 E. Fern, stated that he had taken out a permit for improvements about 20 years 'ago and wondered if there would be a cost to'him for the reconstruction. Mr. Dickey, stated that if it were done with a permit there would be'no additional cost,except for the additional sidewalk width. Councilman Hunter stated that the policy of the City has been that if the sidewalks were built with a permit,there would be no additional charge to the owner. Fern Avenue N/0 7600/7700: Frank Gatchalian, 7607 E. Fern, inquired as to the city's share of contribution to the street improvements. Robert Dickey, Assistant City Manager, stated that it depended on the bid, and the City Manager had stated 65% was contributed by the City. Mayor Imperial inquired if there'was anyone in the audience who would care to speak regarding this matter. Mr. Lugo came forward again and asked about the width of the Street. Frank G. Tripepi, City Manager stated that the street would be widened about 4 feet approximately 2 feet from each side and the sidewalk would go to the curb. Mayor Imperial closed the Public Hearing. CM 8-25-81 Page #2 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TURY that the protests be overuled and the improvements be ordered in. 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. 81-44 - CLAIMS & DEMANDS RESOLUTION NO. 81-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $339,256.99 NUMBERED 8021-8032 & 2066 THROUGH 2137 INCLUSIVELY MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TURY that Resolution No. 81-44'be adopted. Vote resulted: AYES: Councilmen Hunter, Tury and Mayor Imperial . NAYES: Councilman Taylor ABSTAIN: None ABSENT: Councilman Cichy Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that the reason for his "no" vote were checks No. P8023, P8027, and P8030. C. RESOLUTION NO. 81-46 - APPROVAL OF AGREEMENT BETWEEN CITY & MIDVALLEY MANPOWER CONSORTIUM --DIAL A RIDE RESOLUTION NO. 81-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE TERMS & PROVISIONS & AUTHORIZING THE EXE- CUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF ROSEMEAD AND MIDVALLEY'MANPOWER CONSORTIUM .MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that Resolution No. 81-46 be adopted and the Agreement be ap- proved. Vote resulted: AYES: Councilmen Hunter, Tury and Mayor Imperial NAYES•: None ABSTAIN: Councilman Taylor ABSENT: Councilman Cichy Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that a couple of months he had re- quested information regarding this dial-a-ride program, and he had some serious questions. He had been under the impression that the Mid Valley Transit was limited.to the six cities involved. He stated that he had seen them as far north as Pasadena. Gene Barrez, Mid Valley representative, stated that the resi-. dents are picked up within the six city area, but they are delivered to any point in L. A. County. Councilman Taylor stated that in the past six months he had noted two empty buses going to Pasadena, and he felt that it was an abuse of the program. Mr. Barrez stated that he would check into it and will see to it that it will be corrected if such a thing is occuring. Councilman Taylor stated that was the reason for his ".'abstain" vote because he did not feel that he had the right information. Mayor Imperial requested a written report regarding this situation. CM 8-25-81 Page #3 D. RESOLUTION NO. 81-47 ELECTING TO PAY FIRE DISTRICT & COUNTY LIBRARY ALLOCATIONS AND REQUESTING REALLO- CATION OF PROPERTY TAXES FY 78/79 E. RESOLUTION NO. 81-48 ELECTING TO PAY FIRE DISTRICT AND COUNTY LIBRARY ALLOCATIONS AND REQUESTING REALLO- CATION OF PROPERTY TAXES FY 79/80 F. RESOLUTION NO. 81-49 ELECTING TO PAY FIRE DISTRICT AND COUNTY LIBRARY ALLOCATIONS AND REQUESTING REALLO- CATION OF PROPERTY TAXES FY 80/81 G. RESOLUTION NO. 81-50 ELECTING TO PAY FIRE DISTRICT AND COUNTY LIBRARY ALLOCATIONS AND REQUESTING REALLO- CATION OF PROPERTY TAXES FY 81/82 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER That Resolution No. 81-47, 81-48, 81-49 and 81-50 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. H. ORDINANCE NO. 535- MORATORIUM ON ISSUANCE OF USE PERMITS IN M-1 ZONE ALONG GARVEY AVENUE Mayor Imperial stated that Item H be deferred to the next regular Council Meeting. IV. CONSENT CALENDAR (Except Item'CC-B) CC-A REQUEST AUTHORIZATION FOR ONE WEEK VACATION CC-C EXCHANGE APPRAISAL FOR ROSEMEAD VS. JACK NUGENT CC-D ACCO AGREEMENT REQUEST FOR INCREASE CC-E AUTHORIZATION REQUESTED TO ATTEND USC SEMINAR ON COST ACCOUNTING FOR CALIFORNIA CITIES CC=F AUTHORIZATION FOR BINGO PERMITS FOR CITY SPONSORED SENIOR CITIZEN GROUP CC-G REQUEST FOR CITY COUNCIL STUDY SESSION WITH CONSULTANT REGARDING DRAFT ROSEMEAD HOUSING ELEMENT--Sept.2nd, 1981 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TURY 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-B AMENDMENT TO ROSEMEAD REHABILITATION PROGRAM AGREEMENT Councilman Taylor stated that he felt that the City could get a better interest rate than the current 5; or 5;~ percent whatever it might be, but he felt that it was even more concern- ing and that'is the Section 11 and 12 of the Credit Agreement. Councilman Taylor requested that these two sections be included in on the Minutes. 11. "Conditions Precedent. Notwithstanding any provision of this Agreement, Bank's obligation to make any loan under the Program is conditioned upon Bank having received the Additional Information with regard to such loan. Default. (a) In the event any loan made by Bank under the Program remains in default for a continuous period of ninety (90) days on the account of non-payment of any sum of money due pursuant to the terms of the Note or the Deed of Trust, at the City's option the City may pay to Bank, the then outstanding balance of the loan. CM 8-25-81 Page #4 • • (b) At:such time as the outstanding balance of such loan is paid in full or upon Bank's exercise of any rights it may have at law or in equity pursuant pursuant to the Note and/or Deed of Trust relating thereto City shall have no obligation or responsibility to the bor- rower or the Bank with regard to such Note, Deed of Trust or the loan evidenced.by such Note. 12. Extent of Obligations. The City's obligations under Paragraph 11 above are absolute and unconditional. The City, to the extent permitted by law, hereby waives (a) any defense of estoppel, laches or any statute of limitations to such obliga- tions, and (b) any defense that may arise by reason of the inca- pacity, lack of authority, or termination of'existence or death of any borrower. The City also waives deferral of such obliga- tions arising by reason of the institution of proceedings by or against a borrower under or pursuant to any federal or state bankruptcy or insolvency law or other law relating to the relief of debtors generally, and waives any defense to such obligations that it may have as a result of Bank's election or failure to exercise any right, power or remedy, including without limitation, the failure to proceed first against the borrower or any security it holds for the obligations of the borrower'to Bank, or the failure to exercise diligence in collecting sums due under any Note or to realize on any Deed of Trust, even when such election or failure impairs or alters the rights of the City against the borrower. The City hereby authorizes Bank, without notice or demand or without affecting the City's obligations hereunder, from time to time: (a) to renew, extend, increase, accelerate, compromise, modify or change the time for payment or the terms of any Note; (b) to take and hold additional collateral for the payment or the terms of any Note and to release such collateral; (c) to accept and hold any endorsement or quaranty of payment of any Note; and (d) to release and substitute any such endorser or guarantor, or any party who has given any security interest in any additional collateral as security for the payment of any Note, or any other party in any way obligated to :.pay any Note. The City hereby waives all presentments, protests, demands and notices (whether required by statute or otherwise) or nonperform- ance or of other default, dishonor, extension of credit and of every other kind and nature. Robert L. Kress, City Attorney stated that these Sections are part of the original agreement which had been approved last month..and not part of the amendments being considered tonight. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that the Housin'4.'.Rehabilitation Program Amendment'.be approved. Vote resulted: AYES: Councilman Hunter and Tury NAYES: Councilman'Taylor and Mayor Imperial ABSTAIN: None ABSENT: Councilman Cichy Whereupon the Mayor declared the motion was not approved and will be brought back to the Council at the next meeting. There being no objection, it was so ordered. V-A PARKING OF WIDE VEHICLES Robert Gutierrez, Administrative Assistant, stated that the Traffic Commission developed the proposed Wide Vehicle Parking Ordinance at.a special study session with the City Attorney and is being submitted to the Council for review and consideration. Councilman Taylor inquired if this Ordinance was prepared for adoption at a later date. Robert Kress, City Attorney, stated that it was placed on the Agenda to illicit some discussion and if you-are in agreement with the recommendation of the Traffic Commission it would be appropriate to introduce the Ordinance. CM 8-25-81 Page #5 1-1 Councilman Taylor requested that the ordinance be placed on the next Agenda for introduction under legislative matters. Councilman Hunter agreed with Mr. Taylor that it should come back to the Council at the next meeting, but he felt that it solves only one of probably five possible problems. There being no objection, it was so ordered that the pro-... posed Ordinance be placed on the September 8, 1981 Agenda. VI. MATTERS FROM OFFICIALS A. ECONOMIC REVITALIZATION COMMITTEE Councilman Hunter stated that he felt the recommended'appoint- ments were fine except for Berk'Kellogg, President, First City Bank. It stated that fie was informed that Mr. Berk Kellogg had sold his interest in the First City. Bank and he lives at the beach area, and he felt that someone who was more involved with the City would be more appropriate. MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR IMPERIAL that the Committee as recommended except for Berk Kellogg be approved. Vote resulted: UPON 'ROLL 'CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Imperial stated that the Councilmembers on the Committee be the Mayor and Mayor Pro Tem, Herb Hunter and as an alternate Councilman Tury. B. CLAIM AGAINST THE CITY ON BEHALF OF ELIZABETH HOUCHEN MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR IMPERIAL that the Claim Against the City on behalf of Elizabeth Houchen be re- jected as"'the claim was not timely filed. Vote resulted: AYES: Councilmen Hunter, Taylor and Mayor Imperial NAYES: None ABSTAIN: Councilman Tury ABSENT: Councilman Cichy Whereupon the Mayor declared said motion duly carried and so ordered. C. RED CURB Robert Dickey, Assistant City Manager, stated that Walnut Grove is nearing completion, that is north of Grand, in that intersection and reviewing the traffic stripping that is pro- posed with the Traffic Engineer it was discovered the potential safety problem'at the corner radiuses and the Traffic Engineer and Mr. Dickey felt that since the stripping crew would be there it would be best to consider the installation of some red curb at the radiuses for safety purposes. MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR IMPERIAL that the red curb be authorized and to proceed with it. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Hunter stated that he did not want any more items presented at the Council Meeting that would require a decision without sufficient time to study the item.. VII. ORAL COMMUNICATIONS A. Marie Hill, spoke on behalf of the Senior Citizens and expressed their appreciation to the Council for the Street Improvement projects. Mayor Imperial thanked her and requested that she relay the appreciation of the Council to the Senior Citizens. CM 8-25-81 Page #6 VIII. Mayor Imperial inquired if the Council were adjourned to a Study Session on Wednesday, September 2, 1981 at 7:00 p. m., would it be alright with the majority of the Council. Councilman Taylor stated that he had-a previous committ- ment, and he may not be able to attend. There being no other objection, it was so ordered. The Councilmeeting was adjourned to the Study Session re- garding the draft Rosemead Housing Element on Wednesday, Septem- ber 2, 1981 at 7:00 p. m. Respectfully submitted: APPROVED: City erk YOR CM 8-25-81 Page #7