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CC - 11-27-79WA Y G. MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL NOVEMBER 27, 1979 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Taylor 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 Imperial. The Invocation was delivered by Rev. Charles Mc Gregor. ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Cichy, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: November 13, 1979 - Regular Meeting Mayor Taylor requested that the word "minute" be changed to "second" on Page #4 in the motion regarding the signalization of the intersection of Walnut Grove and Garvey. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of November 13, 1979 be approved as corrected. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Gil Gonzales,inquired if the Mayor had a copy of the petition that he had circulated regarding Spray Painting without spray booths that he had been cited on. Mayor Taylor stated that he didn't have any of that informa- tion with him at the present time, but requested that this item be placed on the Agenda of the next regular Council Meeting and requested that the City Manager:!-sc;office be-contacted if he needs any further questions answered. B. Juvenile Diversion Project Director, Tony Walker intro- duced himself, and expressed his appreciation to the City for the support that the Juvenile Diversion Project has received.on behalf of the young people in this community. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER A NEW SIGN & BILLBOARD ORDINANCE REGULATING ON-PREMISE SIGNS & BILLBOARDS Mayor Taylor stated that the Public Hearing was open and in- quired if there was anyone in the audience who would care to speak. Fred Guido, Pacific Outdoor Advertising,representative, com- mented that it was his understanding that the two signs that are oversized would be grandfathered in, but he did not see that in the new Ordinance that is being considered. Lew,Sullivan, Planning Director, stated that Section 9909 (a) would cover that situation. Bob Kress, City Attorney, stated that this could be resolved by adding at least" to Section 9909 (b) reading: "constructed to a face width of at least 25 feet and face height of at least 12 feet". CM 11-27-79- Page #1 • Mayor Taylor inquired if there was anyone else who would care to speak. No.one.else came forward and Mayor Taylor closed the Public Hearing. The following Ordinance was introduced on its first reading and the negative declaration was approved, ORDINANCE NO. 510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ENACTING REGULATIONS FOR SIGNS & OUTDOOR ADVERTISING MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 510 be introduced on its first reading and the reading in full be waived and the Negative Declaration be approved. 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 A REQUEST BY J. H. HEDRICK TO CHANGE ZONE FROM A-1 TO P-D AT 1100 WALNUT GROVE Mayor Taylor stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak. Jock Sulock, Architect of the J. H. Hedrick Company,stated that he was available to answer any questions that might come up regarding the project. Mrs. DeCoker stated that all the concerns that, the ad- joining property owners had was expressed at the Planning Com- mission Meeting and both the builders and the architect assured them the the grade of the project would meet the grade of the property owners and the trash containers would be situated.in a more suitable area of the project and the maintenance of the property would be properly taken care of by the Homeowners Asso= ciation. Mayor Taylor inquired if there was anyone else who would care to speak. No one came forward, and the Mayor closed the Public Hearing. Councilman Imperial inquired about the parking spaces and the privacy factor. Mr,. Sulock stated that there would be double car garages and 25 guest parking spaces in addition and the privacy will be maintained for the adjacent property. The following Ordinance was presented for introduction and the Negative Declaration to.be approved. ORDINANCE NO. 511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CHANGING ZONE FROM A-1,(AGRICULTURAL)TO P-D,(PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 1100 WALNUT GROVE AVENUE, ROSEMEAD, CALIFORNIA (Z/C 79-112) MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that Ordinance No. 511 be introduced on its first reading and the reading in full be waived.and the Negative Declaration be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 11-27-79 Page #2 III. LEGISLATIVE A. RESOLUTION NO. 79-58 PERTAINING TO TRANSFER OF MUNICIPAL SERVICES & PROPERTY TAX FOR THE SOUTH NEW AVENUE DETACHMENT RESOLUTION NO. 79-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PERTAINING TO THE TRANSFER OF MUNICIPAL SERVICES & PROPERTY TAX FOR THE SOUTH NEW AVENUE DETACHMENT MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Resolution No. 79-58 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. B. RESOLUTION NO. 79-59 - CLAIMS & DEMANDS RESOLUTION NO. 79-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $212,469.12 NUMBERED 5226 THROUGH 5298 INCLUSIVELY MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that Resolution No. 79-59 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. Councilman Tury requested that information be made available as to how the City is recouping the delinquent trash payments. Mayor Taylor requested that this be placed on the next Agenda. C. ORDINANCE NO. 509 ZONE CHANGE FROM R-1 TO R-3 FOR PROPERTY LOCATED AT 4229-4309 WALNUT GROVE ORDINANCE NO. 509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CHANGING THE ZONE FROM R-1 TO R<3 FOR PROPERTY LOCATED AT14229-4309 WALNUT GROVE AVENUE, ROSEMEAD.(Z/C 79-111) MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 509 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. D. RESOLUTION NO. 79-57 ESTABLISHING A DEFERRED COMPENSATION PLAN Frank G. Tripepi,. City,Manager, stated that the City has an existing plan, but this plan has the advantage of portability. Councilman Tury inquired if the employees would have the op- tion as to which plan they can belong to. Frank G. Tripepi, City Manager, either plan could be utilized by the employee. RESOLUTION NO. 79-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IN THE MATTER OF ESTABLISHING A DEFERRED COMPENSATION PLAN MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 79-57 be adopted and the reading in full be waived. Vote resulted: CM 11-27-79 Page #3 L AYES: Councilmen Hunter, NAYES: Mayor Taylor ABSENT: None ABSTAIN: None Cichy, Imperial and Tury Whereupon the Mayor declared said motion duly carried and so ordered. III. E. RESOLUTION NO. 79-60 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN(GLENDON WAY, N/S HART TO RIO HONDO) F. RESOLUTION NO. 79-61 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (WHITMORE STREET N/S SULLI- VAN TO LEYBURN) G. RESOLUTION NO. 79-62 CONFIRMING STREET SUPERINTENDENTS REPORT &'ASSESSMENTS THEREIN (WHITMORE STREET, N/S LEYBURN TO HEGLIS) H. RESOLUTION NO. 79-63 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (RALPH STREET N/S MUSCATEL TO GERNERT) I. RESOLUTION NO. 79-64 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (RALPH STREET S/S MUSCATEL TO GERNERT) J. RESOLUTION NO. 79-65 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (MARSHALL STREET, S/S, MUSCATEL TO 350' WEST OF ROSEMEAD) K. RESOLUTION NO. 79-66 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (EARLE AVENUE, W/S HELLMAN TO ARTSON) L. RESOLUTION NO. 79-67 CONFIRMING STREET SUPERINTENDENTS REPORT & ASSESSMENTS THEREIN (EARLE AVENUE, E/S HELLMAN TO ARTSON) Mayor. Taylor inquired if there was anyone in the audience that was protesting the assessments. No one came forward. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that Resolution Nos. 79-60 thru 79-67 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. Councilman Tury inquired why the cost of the sidewalk is $1.40 and the driveway approaches are $1.70. Mike Scott stated that it is because there is additional labor involved in preparing for a driveway approach. IV. CONSENT CALENDAR (Deferred Items are CC-F and CC-H) CC-A AWARD OF BID - STREET IMPROVEMENTS (Willdan) CC-B AUTHORIZATION REQUESTED TO CLEAN UP SUBSTANDARD PROPERTY CC-C AUTHORIZATION REQUESTED BY CITY MANAGER TO REVIEW .TRANSCRIPT OF GANN INITIATIVE IN SACRAMENTO 11.-30-79 CC-D APPROVAL OF STREET SWEEPING AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND 'MODERN SERVICE COMPANY v CC-E ACCEPTANCE OF CASH CONTRACT #4551X TEMPLE CITY BLVD.ET AL CC-G DIRECT LEGISLATIVE ADVOCATE TO SUPPORT SB 463(Beverly) CM 11-27-79 Page #4 0 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN 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 AUTHORIZATION TO INCREASE INSURANCE COVERAGE FOR BUILDING & CONTENTS OF CITY HALL & DINSMORE HOUSE Councilman Tury inquired why it is recommended that we use the $100 deductible instead of the $1000 deductible policy. Bob Dickey, Assistant Manager, stated that we are merely recommending $100 deductible as that is what we have at the pre- sent time and if at budget time the Council would chose to modify the staffs recommendation and go to a greater deductible it would probably be better to go to a $500 deductible. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that authorization to increase insurance coverage for the build- ing and contents of the City Hall & the Dinsmore House be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED'-AYE. The Mayor declared said motion duly carried and so ordered. CC-H RESOLUTION OPPOSING PUBLIC FUNDING OF ABORTIONS & DIRECT LEGISLATIVE ADVOCATE TO PURSUE SAME Councilman Tury}stated:.that he had the same opposition to this Resolution as had last year, but he does support the Reso- lution 78-23 which is basically the same, but the_Council is~,not",_. legislating other peoples morals. Mayor Taylor stated that he did not feel that this was legis- lating other peoples morals, but that the Assembly and the Senate in-January of next year will actively work on putting into law what the funding for abortions will be.and he felt it important that the State Legislature be given the opinion of this Council and other Councils that we are opposed to the killing and not the prevention.of conception. Councilman Imperial stated that he had supported Resolution 78-23 last year also, but did not feel that he could support this resolution as he did not feel that 48 hour deadline to report such an incident as rape or incest was fair as we are not aware of what extenuating there might have been. He said he would go along with a Resolution such as the one that was adopted last year. Mayor Taylor requested that this item be placed in the minutes verbatim. Councilman Hunter suggested that this Resolution be withdrawn and reworded, and then it may be more acceptable. RESOLUTION NO. 79-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD OPPOSING THE PUBLIC FUNDING OF ABORTIONS MOTION BY MAYOR TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 79-69 be adopted and the reading in full be waived. Vote resulted: AYES: Mayor Taylor NAYES: Councilmen Imperial and Tury ABSTAIN: Councilmen Hunter and Cichy Whereupon the Mayor declared said motion did not carry. CM 11-27-79 Page #5 Mayor Taylor requested that there be a certification on the vote on the Resolution. RESOLUTION NO. 79-69 A-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD OPPOSING THE EXPENDITURE OF PUBLIC FUNDS FOR ABORTIONS EXCEPT IN CASES INVOLVING RAPE OR INCEST. MOTION BY. COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Resolution No. 79-69,reaffirming Res.#78-23, be adopted and the reading in full be waived. Vote resulted: AYES: Councilmen Imperial and Tury NAYES: Mayor Taylor ABSTAIN: Councilmen Cichy and Hunter Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that because of the heavy work- load of the City Clerk he felt that it might not be necessary to have the Item CC-H 'verbatim. Councilman Cichy stated that it required the approval of the majority of the Councilmembers to authorize-verbat.im'.minutes. MOTION BY MAYOR TAYLOR that the Item CC-H be transcribed verbatim. The motion died for a lack of a second. Mayor Taylor requested the following statement. verbatim: "I want the record to show that I had requested that they be trans- cribed verbatim and I want the record-to state I will transcribe my own tape of this meeting verbatim. This Council does not.wish to go on record and have their discussion printed into verbatim statements for the public to review". Mayor Taylor requested the City Manager's opinion on whether a Councilmen's opinion could be put in the minutes. Frank G.. Tripepi, City Manager, stated that he would like the opportunity to review the Council's written policies that they have adopted during the past few years and will have the City Attorney also review them, and then provide them with a memorandum. V. MATTERS FOR DISCUSSION & ACTION A. VACATION OF ALLEY (Legal Clarification) MOTION BY MAYOR TAYLOR, SECONDED BY COUNCILMAN HUNTER that the recommendation of the City Manager and the City Attorney to vacate the public access easement and notify Mr. Nugent of the fact that if this does not satisfy him the City intends to take all necessary steps to solve the drainage problems, including the condeming of a drainage easement if necessary. Vote resulted: AYES: Councilmen Hunter, Imperial, Tury and Mayor Taylor NAYES: Councilman Cichy Whereupon the Mayor declared said motion duly carried and so ordered. B. AUTHORIZATION FOR CITY MANAGER TO ATTEND ONE DAY MEETING IN SAN FRANCISCO WITH REPRESENTATIVES OF CHEVRON LAND CO., WEDNESDAY, NOVEMBER 28, 1979. Mayor Taylor inquired if the City of Montebello was de-annexing property to the City of Rosemead. Frank G. Tripepi, City Manager, stated that this was correct and that the City of Rosemead will be receiving 1 major tenant out of the possible 4 major tenants that will be in that center. CM 11-27-79 Page #,6 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that authorization be granted to the City Manager to attend a meeting with representatives of Chevron Land Co., on Wednesday, November 28, 1979 in San Francisco. 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. PERSONNEL SESSION Mayor. Taylor stated that the Council Meeting will recess to a personnel session. Mayor Taylor stated that the Council.Meeting was reconvened, Mayor Taylor stated that there was no action taken by the City Council in.the Personnel Session, and he requested that the record show that he objected to not having a discussion.in the Personnel Session. B. NOTIFICATION OF PUBLIC HEARINGS-CONDITIONAL USE PERMITS Councilman Imperial stated that he felt that the notification of public hearings by contacting land owners is a fallacy such as the shopping center across the street. The land owner., Mr. Danoto was notified but none of the tenants were notified in that center, and the procedure should.be checked outs especially when it comes to shopping centers. Council Imperial.stated that he felt that.the Planning Com- mission is handing out Conditional Use Permits.without any guide- lines. For example the 'l'iquor store received a two year.CUP, but Alpha Beta received a ten year CUP for Alcoholic Beverages, and there should be standardization. Mayor Taylor requested a report from the. City Manager on the requirements of a CUP on the sale of Alcoholic.Bever.ages, and a standardization of the time permitted for the. Alcoholic Beverage Permits. C. REFUND OF $100 TO HAROLD PENNINGTON Councilman Hunter stated that several years ago Mr. Penning- ton had donated some dogs to the City and he became concerned with their health so he took them to the Veterinarian who charged him $100. Councilman Hunter requested that the staff write Mr. Pennington requesting documentation.of the expenditures.and this item be placed on the Claims,& Demands of the next meeting. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TURY that Mr. Pennington be contacted'to notify him that if he feels the City owes him this money, that he document it, and the City will pay same. Vote resulted: UPON ROLL CALL ALL.COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The Council Meeting was adjourned to the next regular meeting on December 11, 1979 at 8,00 p. m. Respectfully submitted.:. APPROV D: C yCl k of th City of Rosemead MAYOR CM 11-27-79 Page #7