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CC - 07-28-81APPROVED CITY OF ROSEMEAD DATE- MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL JULY 28, 1981 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Rev. Percy Ferguson. ROLL CALL OF OFFICERS: Present: Councilman Hunter, Cichy, Taylor and Mayor Imperial Absent:- Councilman Tury (Excused) APPROVAL OF MINUTES: June 23, 1981 - Regular Meeting Councilman Taylor requested that the Minutes of June 23rd be deferred to the next Council Meeting since there seemed to be a discrepency in page #12. There being no objection, it was so ordered. APPROVAL OF MINUTES: July 14, 1981 - Regular Meeting MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Minutes of the July 14, 1981 Council Meeting be ap- proved. Vote resulted: AYES: Councilmen Hunter, Cichy, and Mayor Imperial NAYES: None ABSTAIN: Councilman Taylor ABSENT: Councilman .Tury Whereupon the Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: July 16, 1981 - Special Meeting MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that the Minutes of the July 16, 1981 Special Council Meeting be approved. Vote resulted: UPON ROLLt!CALL ALL'COUNCILMEMBERS PRESENT.VOTED AYE.., The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: July 21, 1981 - Special Meeting MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR IMPERIAL that the Minutes of the July 21, 1981 Special Council Meeting be approved. Vote resulted: AYES: Councilmen Hunter and Mayor Imperial NAYES: None ABSTAIN: Councilman Cichy and Taylor ABSENT: Councilman Tury Whereupon the Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Juan Nune noises in the area turbing the entire been contacted and the Sheriff leaves day and night. z, 2702 Del, Mar, complained about the loud such as music and conversation, that is dis- neighborhood. The-Sheriff's Station had they do respond to the call, but as soon as the loud noises continue at all hours of the Mayor Imperial directed Robert Dickey, Assistant City Manager to communicate;with,the Sheriff's Department and get a report on what actually transpired and get police visability around there to see what the problem is. CM 7-28-81 Page #1 B. Rev. Tom Phillips stated that he would be leaving Monday morning for London, England to participate in a Lecture- ship with participation from all points of Europe. He will be representing Rosemead, California and will be bringing greetings from the Mayor and the City Council and welcome them to this fair City when they have a chance to come to the United States. Mayor Imperial requested that some Rosemead Roses be given to Rev. Phillips for his trip. II. PUBLIC HEARING A.I PUBLIC HEARING TO CONSIDER ZONE CHANGE FROM R-2 TO M-1 FOR PROPERTY LOCATED AT 2749 MUSCATEL AVENUE. Mayor Imperial stated that the Public He was open and inquired i there was anyone in the audience who would care to speak regarding this subject'matter. Overton A. Phillips, owner of the property at 2749 Muscatel, spoke in favor of the zone change request. Mayor imperial inquired if there was anyone else who would care to speak for or against the request. No one came forward, and the Mayor closed the Public Hearing. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Negative Declaration be accepted and the findings of the Planning Commission be concurred with. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. .FOR PROPERTY LOCATED AT 2749 MUSCATEL AVENUE /AN0RDINANCE 1 ORDINANCE NO.-534 - ZONE CHANGE FROM R-2 TO M-1 ORDINANCE NO.. 534 OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CHANGING THE'ZONE FROM R-2, LIGHT MULTIPLE RESIDENTIAL, TO M-1, LIGHT MANUFACTURING AND INDUSTRY, FOR PROPERTY LOCATED.AT 2749 MUSCATEL AVENUE IN THE CITY OF ROSEMEAD OR MORE SPECIFICALLY SET FORTH IN EXHIBIT "A"(Z/C 81-124) MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Ordinance No. 534 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. 81-39 - CLAIMS & DEMANDS - 1980/81 RESOLUTION NO. 81-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF`$237,428.04 NUMBERED 7995/7996/7999/8000/1794 THROUGH 1860 INCLUSIVELY MOTION BY.COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER that Resolution No. 81-39-be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 7-28-81 Page #2 • s B./ RESOLUTION NO. 81-40 - CLAIMS & DEMANDS - 198182 RESOLUTION NO. 81-40 A RESOLUTION OF THE CITY COUNCIL.OF THE CITY. OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM_OF--.$136,662.19 NUMBERED 7997/7998/8001/8002/1861 THROUGH 1902 INCLUSIVELY MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Resolution No.'81-40 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Imperial.requested that the pages on the-Warrant List be numbered from now on. C/ ORDINANCE NO. 535 - APPOINTING CITY COUNCIL BUILDING REHABILITATION APPEAL BOARD Councilman Hunter.requested,that this Item be deferred to the next Council Meeting. There being no objection, it was so ordered. IV.' CONSENT CALENDAR (Items CC-A and CC-G deferred) CC-B DINSMOOR HERITAGE HOUSE REPORT CC-C APPROVAL OF SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR FY 1981-82 SLURRY SEAL MAINTENANCE PROGRAM CC-D AUTHORIZATION REQUESTED TO ATTEND 1981 CONGRESS OF CITIES & EXPOSITION, NOVEMBER 28-DECEMBER 2, 1981 DETROIT, MICHIGAN. CC-E AUTHORIZATION FOR BRYSON AND ASSOCIATES TO REVIEW AND UPDATE RETIREMENT PLAN CC-F ACCEPTANCE OF BID FOR PURCHASE OF CITY VEHICLES AND . . AUTHORIZATION TO PURCHASE NEW VEHICLES CC-H AUTHORIZATION REQUESTED TO ATTEND ICMA 67TH ANNUAL 'CONFERENCE, ANAHEIM, SEPTEMBER 20-24, 1981 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER 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 AWARD OF ROSEMEAD POOL RESTORATION: BOILERS & UNDERWATER LIGHTING Robert Dickey, Assistant City Manager, stated that there was an irregularity with the Bid Bond submitted by the apparent low bidder and,therefore,it was requested that the Bid be rejected and the staff to solicit new proposals for the subject work. MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR IMPERIAL that the Bids for Rosemead Pool restoration be rejected and new bids be solicited. Vote resulted: . UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-G APPROVAL OF EMPLOYEE MEDICAL PLAN EFFECTIVE 8-1-81 AMERICAN BENEFITS HEALTH PROGRAM Councilman Taylor stated that he wanted to abstain on this particular item.Although he did not any specific objection,he did not feel that he had enough information regarding what the rate increase would be after the one year term. CM 7-28-81 Page #3 • 0 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the American Benefits Health Program effective August 1, 1981 be approved. Vote resulted: AYES: Councilman Hunter, Cichy, and Mayor Imperial NAYES: None ABSTAIN: Councilman Taylor ABSENT: Councilman Tury Whereupon the Mayor declared said motion duly carried and so ordered. V. . MATTERS FOR DISCUSSION & ACTION A. ENGINEERING SERVICES MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR IMPERIAL that the following recommendation be approved: 1) The 1980-81 Residential Street' Projects be processed to completion by H. M. Scott & Associates. 2) The Rosemead Pool Rehabilitation Project be processed to completion by H. M. Scott and Associates. 3) On the Fern/Newmark/Jackson Improvment;Projects, require that H. M. Scott & Associates provide,completed plans and specifica- tions , secure City Engineer certification on right of way acquisitions, and provide copies of topographic survey and all monument and centerline tie information. The City will perform the bidding process, construction staking, inspection and assess- ment engineering. 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. MODERN SERVICES DELINQUENCIES Councilman Hunter stated that he had met with the City Attorney and there are two thoughts. One is that if the Council is in the agreement that the delinquents should become a tax bill item, then the Attorney should be directed to proceed. Robert Kress, City Attorney, stated that there are two things that-have to be done. The Ordinance in the Rosemead Municipal Code has to be'modified to reflect a-different definition of house- holder for purposes of assessments on'the property tax bill if there is a' substantial-delinquency. The basic franchise agree- ment has'been amended many times, and a document has been given out to the Council which proports to encompass all the many amendments. In any agreement the'consent of the other party is needed to change the definition of house-holder as well as how he is paid-on delinquencies. What is being proposed as he understands will change the contractors cash flow. Presently, every six months he sends the City a bill relating the'delinquencies and_the City pays that bill. What is being proposed is that now he would send the'City at a mutually convenient time so that it can be placed on the tax bill these delinquencies. The City would take the necessary steps to place that delinquency on the tax bill and the'contractor would be paid at such time the City ac- tually receives the funds as they are collected. This is some- thing that has been under discussion for a long time. A letter was distributed to the Council that had been sent to Modern's Attorney approximately'a year ago, and 'a copy of an ordinance from another City that with some modification for our City..can be used. This is what needs to be done. This is in'the nature of an agreement and there has to be agreement from the Contractor on this specific point. Mayor Imperial inquired what would happen if this doesn't happen. Robert.Kress, City Attorney, stated that if he doesn't,. there;. is a fall back po'sition.that in some ways we could propose a col- lection device.' The commercial and industrial accounts could be collected, but the real problem is the residential accounts. The fact that the Contractor is allowed to deal with tenants and oc- cupants, and the City would be changing a traditional landlord tenant relationship. The occupants and landlords of the City have to be notified of this proposed change. CM 7-28-81 . Page #4 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the City Attorney be directed to prepare the necessary do- cuments for the next'regular meeting. Vote resulted: AYES: Councilmen Hunter, Cichy and Mayor Imperial NAYES: Councilman Taylor ABSTAIN: None ABSENT: Councilman Tury Whereupon the Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN HUNTER, SECONDED BY MAYOR IMPERIAL that the Contractor be notified of the Council's action and that he is aware of the proposed steps and'cbpies of all the documents be 'provided to him, the proposed change in the agree- ments and the proposed change of the Ordinance to the Contrac- tor prior'to the next meeting. Vote resulted: AYES: Councilmen.Hunter,'Cichy and P4ayor Imperial NAYES: Councilman Taylor ABSTAIN: None ABSENT: Councilman Tury Whereupon the'Mayor declared said motion duly carried and so ordered. B. INGLESIDE.MENTAL HEALTH CENTER Councilman Taylor stated that a'letter received from Wayne Edwards on July 27th and it answers the question of providing abortions and abortion counseling. It states definitely these services are hot provided by the Family Counseling Service. He had the answer that he was looking for so there are no further questions on it. The Council did approve the funding for the Family Counseling Service for the San Gabriel Valley so he agrees with that funding. C. AUTHORIZATION FOR GARVEY SCHOOL DISTRICT TO USE CITY PROPERTY FOR LOCATION OF TEMPORARY CLASS ROOMS AT DUFF SCHOOL Mayor Imperial requested, that this item be deferred. Councilman Taylor stated that he had no objections to defer- ring this item but he would like to have some information regard- ing this item.- How long these portable classrooms would be there and what effect it would have on the use of the ball diamond. There being no objections, it was deferred for the additional information requested:-until the next Council Meeting. Mayor Imperial requested information from the City Attorney regarding the City's liability in a case like this-if the District endorsed Hold Harmless clause to insure the City's protection. D. Councilman Hunter stated that a possible rate increase from the Southern California Water District was received, and requested that the Council go on record opposing that rate increase. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the City Council of Rosemead opposes the rate increase. Vote resulted': UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Hunter requested that Jay Corbett of the L.A.County Fire Department be introduced. Jay Corbett stated that he was present at the Meeting on behalf of Assistant Chief McCann and he stated that he was happy to have the opportunity to sit in on one of Rosemead's Council Meetings. CM 7-28-81 Page #5 Councilman Cichy stated that the City Attorney was directed to contact Modern Service with regards to a-change in the current contract and following that up, he would request that a letter be submitted to Modern Service that they provide us in writing by the next Council Meeting a proposal from'their.company with the changes in the Contract. Mayor Imperial stated that he had no problem with that request although a letter had been sent to Modern Service about a week ago stating that the City cannot negotiate on any proposal that we have not received. We can again send a letter to Modern Service. Councilman Cichy stated that the main reason for his request was to set a deadline of the next Council Meeting to submit what they want and we can submit what the City wants..prior to the next meeting. Mayor Imperial stated that he would direct staff to do so, and far as he is concerned if he has no written proposal he has nothing'to negotiate. Councilman Taylor requested a written report from Michael Burbank as to what is happening with the Rosemead Park Addition. Mayor Imperial inquired what the time element would be. Mr. Burbank stated that it would probably be three more weeks. Councilman Taylor stated that the Council should take a stand and notify the L.A. County Board of Supervisors and Mr. Schabarum's Office that the City should not be transferred to Mr. Edleman's district. Councilman Taylor also stated that Assembly District is being considered to be moved. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Assemblywoman Tanner's Office be notified that the City wants to stay in her district, and that the legislative advo- cate and to the Rich'ardAlatorre, chairman of the Assembly Elections and Reapportionment Committee also be sent copies of the Resolution. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion'duly carried and so ordered. MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR IMPERIAL that a letter be sent:.tb.'Supervisor Schabarum,':s Office that the City of Rosemead would prefer to stay in his district. Vote resulted: AYES: Councilmen Hunter, Taylor, and Mayor Imperial NAYES:"Councilman Cichy ABSTAIN: None ABSENT: Councilman Tury Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the staff pick-out the news articles, regarding the reapportionment and redistricting for the Council's information. Mayor Imperial requested that when the current Flag Display Company Agreement is to be renewed that we go out to bid for another `company. Robert Dickey, Assistant City Manager, stated that if proposals are available it will be placed on the next Agenda. Mayor Imperial recessed the Council Meeting for an Executive Session. CM 7-28-81 Page #6 • • The City Council reconvened from the Executive Session. . The City Attorney stated that purpose for the Executive Session was to discuss pending litigation and no action was taken. There being no further business to be handled the City Council Meeting was adjourned to the next regular Meeting on Augustll, 1981 at 8:00 p. m. Respectfully submitted: APPROVED: Cit Clerk An CA It CM 7-28-81 Page #7