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CC - 05-27-80APB TONED • • CITY O ROSE LEAD MINUTES OF THE REGULAR MEETING -OF THE ROSEMEAD CITY COUNCIL MAY 27, 1980 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 City Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Imperial The Invocation was delivered by Rev. Howard Stewart. ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Cichy, Imperial, Taylor and Mayor Tury Absent: None APPROVAL OF MINUTES: April 22, 1980 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER that the Minutes of the April 22, 1980 Council Meeting be ap- proved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: May 13, 1980 - Regular Meeting MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Minutes of the May113, 1980 Council Meeting 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. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR CITY OF ROSEMEAD-MUSCATEL & BARTLETT AVENUE--STREET IMPROVEMENT PROJECTS Mayor, Tury stated that the Public Hearing was open and in- quired if there was anyone in the audience who would care to speak. Dale Denton, 2508 Midwickhill Drive, Alhambra, stated that he felt that the City should negotiate with him for an increase in theofferrfor his property. Robert Kress, City Attorney, stated that this would be con- sidered in an Executive Session later on in the evening. Mayor Tur.y inquired if there was anyone else who would care to speak. There being no one, the Mayor closed the Public Hearing. The following Resolution No. 80-24 was presented for adoption: RESOLUTION NO. 80-24 A RESOLUTION OF NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF CERTAIN PARCELS FOR THE CITY OF R08EMEAD MUSCATEL & BARTLETT AVENUE--STREET IMPROVEMENT PROJECT MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that Resolution No. 80-24 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE... The Mayor declared said motion duly carried and so ordered. CM 5-27-80 Page #1 0 • B. PUBLIC HEARING TO CONSIDER ANNEXATION OF CERTAIN INHABITATED TERRITORY DESIGNATED AS ANNEXATION #49 Mayor Tur.y stated that the Public Hearing was open and in- quired if there was anyone in--'-the audience who would care to speak regarding this annexation. No one came forward. Mayor Tury closed the Public Hearing. MOTION BY COUNCILMAN IMPERIAL, that Annexation #49 be approved and directed to prepare the appropriate meeting. Vote resulted: UPON ROLL CALL ALL COUNCILMEMB The Mayor declared said motion-duly SECONDED BY COUNCILMAN CICHY that the City Attorney be Resolution for the next 3RS PRESENT VOTED AYE. carried and so ordered. C. PUBLIC HEARING TO CONSIDER THE PROPOSED USE FOR GENERAL REVENUE SHARING FUNDS TO BE BUDGETED FOR 1980-81 FISCAL YEAR. Mayor Turyy stated:that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak. No one came forward. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the monies received under Revenue Sharing Entitlement II be utilized for the law enforcement contract. Vote resulted: 'UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. PUBLIC HEARING TO CONSIDER ZONE CHANGE FROM C-1 TO R-3 REQUESTED BY F. BERNARD DENNIS & DONALD R. WICK FOR PROPERTY LOCATED AT 8824 MISSION DR. Mayor Tury stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding the Zone Change requested. F. Bernard Dennis, 8518 Palma Vista, San Gabriel, stated that he felt that this property was better suited to residential use than to commercial use, and with the need for housing the eight unit apartment complex would be the best use of the property. Mayor Tury inquired if there was anyone else who wanted to speak. No one came forward. Mayor Tury closed the Public Hearing. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the zone change from C-1 to R-3 for property located at 8824 Mission Drive be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. .The following Ordinance was presented for introduction: ORDINANCE NO. 516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CHANGING ZONE FROM C-1, NEIGHBORHOOD COMMERCIAL TO R-3, MULTIPLE FAMILY RESIDENTIAL FOR PROPERTY SET FORTH IN EXHIBIT "A" (Z/C 80-116) MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Ordinance No. 516 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. CM 5-27-80 Page #2 • • E. PUBLIC HEARING TO CONSIDER ZONE CHANGE FROM R-1 TO M-1 REQUESTED BY CHARLES & ELIZABETH MC MILLEN FOR PROPERTY. LOCATED AT 2703 STINGLE AVENUE Mayor. Tury stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding the zone change. Charles R. McMillen, 2008 Heather Drive, Monterey Park, presented the Council with some pictures taken of the reinforce- ment of the six-foot block wall along the west property.,line, and he felt that the other condition required by the Planning Commis- sion:,regarding on-site lighting for the parking lot shoizld.,be a:_: decision-_cnade•by"the new owner-,and should be handled at the time he opens his business and would abide by the Rosemead Municipal Code.requirements. Mayor Tury stated that he felt that both items could be handled by the Planning Department. Mr. Kaufhold, 320 W. Las Tunas, San Gabriel, representing the potential new owners of the property-located at 2703 Stingle, stated that the lighting, paving and other requirements will be met.based on the use of the property and the Conditional Use Per- mit. Mayor Tury inquired if there was anyone else who would care to speak. No one else came forward. The Public Hearing was closed. Councilman Imperial and Taylor requested that this item be held over for additional discussion regarding this zone change. Mayor Tury inquired if there was any objections to holding over this item,to the next Council Meeting. There being no objections, it was so ordered. III-. LEGISLATIVE A. RESOLUTION NO. 80-25 - CLAIMS & DEMANDS RESOLUTION NO. 80-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $289,752.38 NUMBERED 6,527 THROUGH 6,633 MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Resolution No. 80-25 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial and Taylor stated that they objected to check no. 6565 in the amount of $155.for luncheons with the Sher- iff's department, County offices,HUD, Public Works Department even though it is City business because it could be taken one step fur- ther and used as an excuse for every day luncheons. Frank G. Tripepi, City Manager, stated that this was for a period of over two months. IV. CONSENT CALENDAR (CC-D deleted) CC-A AWARD BID FOR CONSTRUCTION OF MUSCATEL & BARTLETT (-RAMONA TO GARVEY) TO WEST COAST PAVING LTD. CC-B RELEASE OF WATER SYSTEMS AGREEMENT, FORM A-3, FAITH- FUL PERFORMANCE BONDS FOR TRACT NOS..34148 & 34844 CC-C ACCEPTANCE OF STREET IMPROVEMENTS FOR EARLE(GARVEY TO DELTA) WILLARD(GARVEY TO ROCKHOLD)DOROTHY(STALLO TO CM 5-27-8 SAN GABRIEL), AND PARK(SAN GABRIEL TO EAST TERMINUS) Page #3 • 11 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY 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-D PROPOSAL FOR AMENDMENTS TO THE 1979-80 COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROGRAM. Councilman Imperial stated that he did not want to vote for Community Development Block Grants with HCDA funds. Councilman Taylor also stated that he did not want to vote for this proposal, and. his specific objections are the $40,000 for the Economic Development Strategy Plan, the $40,000 for the Housing Element and the coordination of these plans and the $40,000 fee for the general administration of this plan. This is a total of $120,000 for paper work. He stated that he did approve of the $302,000 for Street Improvements, the $40,000 for Home Handyman Improvement Plan and the $21,000 for Graffiti re- moval..as there is a definite positive effect. Marshall Krupp, representative of Willdan Associates, stated that due to the efficiency of the administrative activities of Willdan Associates there has been an increase of almost $100,000 for street improvements.in the City, and the budget for the Hous- ing Study and the Economic Development Study were previously ap- proved by the City.Council. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that the proposal for amendments to the 1979-80 Community Devel- opment Block Grant Fund Program for the City of Rosemead be approved. Vote resulted: AYES: Councilmen Hunter, Cichy and Mayor. Tury NAYES: Councilmen Imperial and Taylor Whereupon the Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FOR ASSISTANCE BY-WE TIP MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that the City of Rosemead contribute $800 to We, TIP for fiscal year 1980/81 to assist We. TIP in its operations. Vote resulted: UPON-ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. PLANNING COMMISSION APPOINTMENT Mayor Tury stated that Don De Tora's term on the Planning Commission is expiring at the end of May, 1980. Councilman Taylor requested that the position be posted for applicant for the Rosemead Planning Commission. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the position for Rosemead Planning Commissioner be posted for applicants. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 5-27-80 Page #4 VI. MATTERS FROM OFFICIALS A. WASHINGTON D. C., LEGISLATIVE TRIP Councilman Imperial stated that he had requested that this item be placed on the Agenda under Matters from City Officials be- cause_,itsia legislative trip to Washington D. C., and because the people that are really concerned are the people who are on commit- tees in the Contract Cities Association and in his case is the Legislative Committee and in the case of Councilman Cichy the Legal Committee. Contract Cities Association has requested that they go to Washington D. C., and he has mixed-emotions-on-this because for the last two political elections we have had in this City, he stated that he had been used as a whipping boy for his expenses for basically the same thing. If this Council decides that this is a proper use for the money that is going to be expended for this, he feels that there should be a committment so that there can be no doubt in someones mind at a later date. Mayor Tury stated that if Mr. Imperial felt that these trips are worthwhile he was more than willing to let him go. Councilman Imperial stated that was:.not'the':point;:_apparehtly there are people who want to listen to it. He stated that he would like to see that if this is an agreed to expense that there would be a committment from the entire Council. Mayor Tury stated that he had no problem at all with that, and if Marvin wants to go and it is part of City business he feels that they should be there. Councilman Cichy stated that the activities of the California Contract Cities Association are somewhat nebulous to most of the legislatures in California much 'less in Washington, D. C. Unfor- tunately for the people in'Washington who are lobbyists all the time, they don't know how to react to a. body of 40,50 or 60 Councilmen from Southern California. The Contract Cities have been able to sway proposals that have gone to the Presidency and because they have such an impact at certain times on certain pro- posals, he feels that it is very beneficial. At this particular time the Legislative trip has to do with the-impact of Revenue Sharing in particular plus some of the Housing and Community De- velopment Grants that going on, and proposed budget cuts. Contract Cities unlike some of the larger cities is in a position where it can do a lot for the individual smaller communities like Rosemead, based on the particular grants that all tax payers pay. He feels that it is most important that it is not just participated in but the actual lobbying of the Congressmen and whoever works within the governmental agencies feels the impact from California. He stated that he did not know why it has been successful in the past but he feels that it is extremely worthwhile not particularly for Rosemead, but for the cities in Los Angeles County to have some type of impetus towards charging the administration or the Congress- men that there is something worthwhile here. He stated that un- fortunately he could not go although he wished he could, but any other Councilman who wished to go would go back and lobby. The object i§-to convince them that we need the money and that we don't waste it and we should not let other people have it. We want it for Rosemead and not for some other place. Councilman Taylor stated that one of the comments that Mr. Cichy just made "we want the money for Rosemead" he stated that he had to agree with that, but that is one of the sad parts about it. These programs are created and in order to make them function the taxes have to be increased and consequently we become partici- pants whether we like it or not because we want our share of the money. The third paragraph in the letter states: The problem we..face.on revenue sharing, which are peculiar to most of our member cities in Los Angeles County, are not involved in the general problem of getting adequate revenue sharing bills through Congress. Our problem arises as a result of Proposition 13 and AB 8, CM 5-27-80 Page #5 the effects of which will not catch up to our cities until next year's allocations of revenue sharing funds. An interpretation by Los Angeles County, which has been accepted at this point by the Federal Government, would remove a major part of our cities' tax effort credit under their revenue sharing formula." Now, he stated, we go to try to get the money back, but that sentence states, and I think we all know that the more we tax,the effort we put into that,the more revenue sharing we get and consequently, they get more federal dollars to bring back but in the long run they have to tax the people to get it there. The bigger cities are the ones that really have more problems because of the high concentration of more people and social issues. It is very strange that proposition #13 is mentioned and AB 8,.:.tax;cutting' ideas, proposition #9, I hope it has an effect on this, but that is only at a local level and State. But it is just the idea that these associations are paid with tax dollars and the more we tax the people.the more they give us back of those taxes. He agreed with Mr. Cichy that,we have to play the game as far as and we may not like it.',. Councilman Hunter stated that he planned to vote for.:i.t; but he would like to make a comment. He stated that Mr. Imperial eluded in his opening statements that he was a whipping boy and he-thinks these.trips are really necessary and it is really ashame that as Mr. Taylor pointed out that we have to protect ourselves in such a way. Now, that he would vote for a committee member of the Contract Cities Association to go does not mean that he would vote for abuse, such as arriving a day late.for reservations, leaving early when the meeting is in progress or that kind of abuse He would most certainly would take exception to that and his yes vote does not indicate his approval of that type of usage. A person should go if they feel they can represent this City but abuse, he would bring it up at this meeting and at any future election if he feels that there is an abuse. Mayor Tury asked if there were any futher comments. Councilman Imperial stated that he appreciated Mr. Hunters support of this program and he stated that he did not know what Mr. Hunter was talking about as far-,as abuse. He did not make that very. clear, and he didn't think he had seen any of it in Washington. If there has been he would certainly appreciate it, if it were brought to his attention. MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR-.TURY that any member of the City Council be authorized to attend the Legislative Meeting in Washington D. C. from June 23-25, 1980. Vote resulted: AYES; Councilmen Hunter, Cichy, Imperial and Mayor Tury NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show that although he realized why the City has to join these programs, his "no" vote is because he cannot support the overall Federal Program. Councilman Imperial requested that this portion of the minutes be verbatim and there being no objection, it was so ordered. B. REQUEST FOR PAYMENT - AMAN BROTHERS Robert Dickey, Assistant Manager, stated that a progress . billing has been received from Aman Brothers Construction Co., for the current street projects and it was to be included in the current Claims & Demands, but was not because there were some minor discrepencies and revised the billing. However, the funds are available and the work has been completed and authorization is requested to issue the warrant in the amount of $325;1786.95. CM 5-27-80 Page #6 • MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that the progress billing of $325,786.95 be paid to Aman Brothers for street improvement projects. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. MEMORIAL DAY Hugh Foutz, City Treasurer, stated that at the request of the American Legion; Memorial Day services in Rosemead will be conducted on May 31st at the Savanah Cemetary at 10:00 a. m. and the Councilmembers and all'citizens are invited. The Mayor will present the Memorial Day Address. Mayor Tury stated that also happens to be the date of the Budget Study Session so we will take;a break at 10:00 a. m. to attend the Memorial Day services. D. EXECUTIVE SESSION The Council recessed the meeting to an executive session. The Council reconvened the meeting. Robert Kress, City Attorney, stated that the executive session was held to discuss'an offer in settlement of litigation and no action was taken. E. Councilman Taylor stated that he had made reference to the Claims & Demands on the Dial-A-Ride at the last meeting, and he did get the report, but he thought that one of the requirements were destination or the drop off point. The pick up address is given but only t/c is listed as drop off point. Frank G. Tripepi, City Manager, stated that he was attempting to set up a meeting with Mr. Tarpinian prior to the next Council Meeting so that there won't be any problems with the reporting documents. Councilman Taylor stated that if there is a general pattern that is being followed, perhaps a mini-bus would be a better al- ternative. Councilman Taylor also asked at the last meeting regarding building permits taken out for sidewalks and the rational that is used on waiving the requirements of a sidewalk. He requested a Study Session regarding the requirements of the installation of sidewalks, and a review of the past year of installations. Mayor Tury stated that we should wait until after the Budget Sessions and then have a joint meeting with the Planning Commis- sion regarding that subject and any other that might need clari- fications. VII. ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore St., commended the Council on their action regarding We TIP, and explained many of its activities on a local basis. She requested that the Council a7d''members of. the audience pass the We.-TIP, information "on to the 'various organizations and churches that they belong to. . Mayor Tury expressed his appreciation to Holly Knapp for her consistent interest and efforts in this program. B. Councilman Imperial requested that the Council Meeting be adjourned in the memory of Don Grieninger, past president of the Chamber of Commerce. Councilman Cichy requested that along with that a Resolution signed by the entire City Council be sent to his family regarding the adjournment'in his memory. CM 5-27-80 Page #7 0 The Council Meeting was adjourned in memory of Don Grieninger, past president of the Chamber of Commerce, to the Budget Study Session on Saturday, May 31, 1980 at 8:00 a. m. Respectfully submitted: APPROVED: Cit Clerk MAYOR r I CM 5-27-80 Page #8