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CC - 09-11-79(:e,Y O~ .L~.'G4ID D&TE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL SEPTEMBER 11, 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 Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Hunter. The Invocation was delivered by Rev. Ken Mathis. ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Cichy, Imperial, Tury and Taylor Absent: None APPROVAL OF MINUTES - August 28, 1979 - Regular Meeting Councilman Imperial stated that the word "quorum" in V.(E) should be "second".and requested the correction. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Minutes of the Council Meeting of August 28, 1979 as corrected be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Taylor introduced Lt. Howard Tate of the Temple City Sheriff's Station, liaison officer for the night. II. PUBLIC HEARING TO CONSIDER INSTALLATION OF CURBS, GUTTERS SIDEWALKS & DRIVEWAY APPROACHES ON WEST SIDE OF DELTA AVENUE, EARLE TO DOROTHY(3177 N. Delta & 8367 Whitmore) Mayor Taylor stated that the hearing was open and inquired if there was anyone in the audience who would care to speak re- garding the hearing. No one came forward. Mayor Taylor closed the Public Hearing. Councilman Tury stated that this was just dscontinua.t on_. of an existing project and a 1007o waiver of the 60 day waiting period was signed by all the citizens. Mayor Taylor requested the record show that these two pro-. perties are..owned by Anna M. Landazuvi and Jesus Landazuvi,.3177 N. Delta Avenue and William D. Knapp,and Holly J. Knapp, 8367 E. Whitmore Street. Mayor Taylor read the letter stating: "The under- signed property owners, representing 100 percent of the front footage on the West side of Delta between Earle and Dorothy, known as the 8300 block, hereby waive the sixty (60) day waiting period and request the City to proceed with the installation of the peti- tioned improvements." MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that curbs, gutters, sidewalks & driveway approaches at.3177 Delta and 8367 Whitmore Street be installed. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. ORDINANCE NO. 506 AMENDING ROSEMEAD MUNICIPAL CODE SECTION 6213.1 RELATING TO TERM OF BINGO LICENSES CM 9-11-79 Page #1 • ORDINANCE NO. 506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ROSEMEAD MUNCIPAL CODE SECTION 6213.1 WITH RESPECT TO THE TERM OF BINGO LICENSES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that the reading in full on Ordinance No. 506 be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 506.be adopted. Vote resulted: AYES: Councilmen Hunter, Cichy, Tury and Mayor Taylor NAPES: Councilman Imperial. Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that he was not in favor of the revision of the Bingo Ordinance. B. RESOLUTION NO. 79-51 - CLAIMS & DEMANDS RESOLUTION NO. 79-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $172,551.53 NUMBERED 4,707 THROUGH 4,801 MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Resolution No. 79-51 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. C. ORDINANCE NO. 507 ADOPTING BY REFERENCE 1979 EDITION OF L. A. COUNTY ELECTRICAL CODE. ORDINANCE NO. 507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ORDINANCE NO. 465 OF SAID CITY BY ADOPTING BY REFERENCE THE 1979 EDITION OF THE LOS ANGELES COUNTY ELECTRICAL CODE MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that Ordinance No.. 507 be introduced on its first reading and the hearing date be set for September 25th,1979. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Taylor requested additional information regarding the changes in the Electrical Code be made available before the public hearing at the September 25th meeting. IV. CONSENT CALENDAR (Items CC-A & CC-B deferred) CC-C AUTHORIZATION FOR USE OF CONCESSION STAND BY AYSO CC-D AUTHORIZATION FOR ADMINISTRATIVE ASSISTANT TO ATTEND PERSONNEL SEMINAR IN PASADENA ON SEPTEMBER 20, 1979 CC-E APPROVAL OF TENTATIVE TRACT #37812 CC-F APPROVAL OF TENTATIVE TRACT #37822 CC-G AUTHORIZATION FOR CITY COUNCIL & CITY CLERK TO ATTEND ICLAC SEMINAR IN SANTA BARBARA, NOVEMBER 1-4, 1979. CC-H ACCEPTANCE OF PETITION FOR INSTALLATION FOR SANITARY SEWER ON ARTSON STREET (LA FAYETTE TO ECKIfART) CC-1 APPROVAL OF VACATION TIME FOR CITY MANAGER-OCT. 10-16, 1979 CM 9-11-79 Pa-0 #2 s • MOTION BY COUNCILMAN IMPERIAL, 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-A COOPERATION AGREEMENT BETWEEN CITY & L. A. COUNTY FOR CITY'S SECOND YEAR PARTICIPATION IN HCDA PROGRAM(1980-81) Mayor Taylor stated that this item had been deferred from the last meeting, and stated that he had declared his opposition to the program at that time. Councilman Tury stated that.he had his questions answered and felt that although there is a certain amount of risk involved, it is minimal considering over $700,000 would be available for use by:the City. He stated that he felt the advantage far out- weighs the risk. Councilman Imperial stated that he has been against the project from the beginning and intends to vote "no" on it. Mayor Taylor stated that his main objections to it is the long term effect of the Government Housing Programs. They can be under the Federal and the State-County guidelines with actual long term housing construction,,& not so much what Rosemead is intending to do for individual residents. He requested that the minutes reflect these comments: Statement from letter from Mr. Galloway Motion by Supervisor Burke: Several cities in my District have expressed a desire to participate in the Housing and Community Development program with the County and other cities . Their participation would bring additional hous- ing assistance funds for those who work in these cities, but do not live there because of very high land and housing costs. Such broadened participation by cities in the HUD Urban County program would increase the total allocation of funds targeted to low and moderate income residents of this County. I, THEREFORE, MOVE THAT: The Director of the Department of Community Development be instructed to seek participation of cities under. 50,000 popu- lation not now participating in the HUD Urban County program, with the assurance of this Board that the cities' share HCDA funds will be allocated to projects that will assist each participating city in obtaining their housing goals. Statement from Bill Kreger, Director of Housing & Community Development Branch: Question: What authority can the County weild under the Cooperation Agreement and realistically what authority will it exercise? Answer: The County, can as a result of the Cooperation Agreement, only withhold project funds from a City to cause compliance with Federal regulations. The final re- sult of noncompliance is a Federally-ordered withdrawal of funds by the Department of Housing and Urban Development (HUD) from a city and cancellation of its projects. CM 9-11-79 Page #3 • 0 Statement from City Attorney: Please find herewith our opinion on the legal implications of accepting HCD Funds. 2. Planning Implications. The only planning prerogatives which the City yields is in the area of housing. This means nothing because, at any time we can refuse to implement the plan and refuse to take additional funds. Mayor Taylor requested that the City Manager check into which new.*.citi+es~have applied.this.year'and which cities have dropped the program. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that the Cooperation Agreement between the City and L. A. County be approved. Vote resulted: AYES: Councilmen Hunter, Tury and Cichy NAYES: Councilman Imperial and Mayor Taylor Whereupon the Mayor declared said motion duly carried and so ordered. CC-B ACCEPTANCE OF PROPOSAL FROM ENVISTA FOR PREPARATION OF APPLICATION FOR HCDA PROGRAM (1980-81) MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the proposal from Envista for preparation of application for the HCDA Program be approved. Vote resulted: AYES: Councilmen Hunter, Tury and Cichy NAYES: Councilman Imperial & Mayor Taylor Whereupon the Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Mileage Reimbursement Survey Councilman Cichy stated with increase cost of gasoline and car repair that the mileage reimbursement for the employees should be increased from 160 a mile to 200 a mile.so that they don't suf- fer a loss in driving their own personal vehicle. MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR TAYLOR that mileage reimbursement for the employees using their own vehicles on behalf of their employment be increased to 200 a mile. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. Presentation of Proclamation to Noah Kang. Mayor Taylor presented a proclamation to Noah Kang proclaim- ing September 22 through 29th as Square Dance Week, and pictures were taken of the presentation. Mayor Taylor made a,-presentation to Beth Wyckoff. Mayor Taylor made a presentation to Captain Harry S. Hanson who was commander of the Temple City Sheriff's Station for out- standing service to the City of Rosemead from November, 1974 to August, 1979, and Captain Hanson has now been promoted to Inspec- tor, and Captain Butler will be our new Station Commander. Inspector Hanson expressed his appreciation for the opportun- ity to work with everyone here for the past five years, as well as for the commendation. CM 9-11-79 Page #4 0 C. Frank G. Trpepi, City Manager, requested a 90 day notice to quit:.on property located at 2236 Angelus Street be authorized. Ed Dilkes, City Attorney, stated that there are notices for Steven T. Harper, Steven W. Harper and Mr. Hernandez since it is not clear who is legally in possession. These would have to be served and then.a 90 day period runs before we can actually evict. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that a 90 day notice to quit on property located at 2236 Angelus Street be authorized. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly 'carried and so ordered. D. Councilman Hunter requested that a proposal for a Prosecutor for Zone violations be placed on the next Agenda. There being no objection, it was so ordered. E. Councilman Imperial commented on his recent trip to Zapopan,Mexico as chairman of the Sister City, and that while there they presented him with a statue carved out of wood of St. Francis of Assisi. He was not able to carry it on the plane so as a result the statue which was presented to the City was damaged, and if the Mexicana Airlines does not pay to fix, the statue, he requested that the City do so. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that the City pay the expenses of fixing the damaged statue if the Airlines do not. Vote resulted: AYES: Councilmen Imperial, Cichy, Tury and Mayor Taylor NAYES: Councilman Hunter Whereupon the Mayor declared said motion duly carried and so ordered. ORAL COMMUNICATIONS A. Juan Nunez, 2704 Del Mar, inquired what constitutes disturbing the peace, and inquired how the noise ordinance works. Frank G. Tripepi, City Manager, stated that the level of noises are measured by a device called a Decibel Meter which the City has purchased in order to enforce provisions of the Noise Ordinance. This particular equipment is carried in one of the radio cars and when a person calls a station and requests a some one to respond to an excessive noise at a location then the deputy goes and measures the reading and if warranted,,a.citation may be issued by the deputy. Mr. Nunez stated that on August 25th there was a very large party in the neighborhood which started at 9:30 and about 11:.00 p. m. he called the police station and after waiting about 45 min- utes they arrived and checked into the problem but did not stop the party and the party continued until after 1:00,a. m., and he wondered why they couldn't or didn't stop the party. Frank G. Tripepi, City Manager, asked if Lt. Tate knew of this incident and could add to the explanation. Lt. Tate stated that they shared the same frustration that many citizens do regarding these live band parties with amplifi- cation equipment in residential neighborhoods. The right to assemble and have parties has" to be balanced with the right of the neighborhood to enjoy some semblance of peace and quiet.so it becomes a difficult situation. The Decibel Machine was a recent development to obtain prosecution in these cases so when it is taken to the District Attorney that its not simply the officers testimony against the party giver in terms of the noise & disturbance. CM 9-11-79 Page 3#5 Lt. Tate stated that on this particular party, he had'not done any research and was not familiar with the activities, but he stated that he would look into all the circumstances concern- ing the party and solicit, information from those who responded. He stated that the tape machine has been down for the past month so it may not be on tape, but there should be a record on the computer on the calls. He stated that he would report back to the Mayor and to Mr. Nunez regarding this situation. The City Council Meeting was adjourned to the next regular Meeting on September 25th, 1979 at 8:00 p. m. Respectfully submitted: City erk APPROV Mayor CM 9-11-79 Page #6 f