CC - 04-10-790
MINUTES OF THE REGULAR MEETING
OF THE ROSEMEAD CITY COUNCIL
APRIL 10, 1979 AT 8:00 P.M.
CITY OF ROSEP-iE'sAD
DATE
ID .,77
_ _
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.
A PROV ED
Pledge to the Flag was led by Councilman Hunter.
Invocation was delivered by Rev. Tom Phillips.
ROLL CALL OF OFFICERS:
Present: Councilmen Hunter, Cichy, Imperial and Mayor Taylor
Absent: Councilman Tury (excused)
APPROVAL OF MINUTES: March 27, 1979 - Regular Meeting
April 3, 1979 - Budget Study Session
__;Ed Dilkes, City Attorriey',stat6&-tfiat there was a minor change
in page`"#3-ofA he March.27th Council Minutes should read :'City, does
not own the street in fee".
MOTION BY COUNCILMAN CICHY, SECONDED BY MAYOR TAYLOR that the
Minutes of the Council Meeting of March 27, 1979 ks amended knd
the Minutes of April 3, 1979 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. Noah Kang, President, Western Square Dance Association
requested permission to conduct an "appreciation dance" for the
purpose of raising funds for the Parks & Recreation Department.
Mayor Taylor stated that he felt that it was a worthwhile
project, but as far as conducting a dance, application would have
to be made through the Parks & Recreation Department for the use
of the facilities.
Mr. Kang stated that was already done, and the dance will be
held on June 3, 1979 from 2:00 to 10:00 p.m. on Sunday and every-
one is invited.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER
that permission to conduct an "appreciation dance" by the Western
Square Dance Association be granted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
MayorrTaylor inquired if Mr. Gutierrez had called regarding
the deferred item from the last Council Meeting, and requested
that this inquiry be recorded.
III. LEGISLATIVE
A. RESOLUTION NO. 79-13 AREAWIDE WASTE TREATMENT MANAGEMENT
PLAN.
RESOLUTION NO. 79-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD COMMITTING TO THE IMPLEMENTATION AND
ENFORCEMENT OF THOSE ELEMENTS OF THE SOUTH COAST
AREAWIDE WASTE TREATMENT MANAGEMENT PLAN APPROPRI-
ATE TO ITS JURISDICTION.
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MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN
CICHY that Resolution No. 79-13 be adopted and the reading in
full be waived. Vote resulted:
i
AYES: Councilmen Hunter, Cichy and Imperial
NAYES: Mayor Taylor
Whereupon the Mayor declared said motion duly carried and
so ordered.
Mayor Taylor requested that the record show his "no" vote
was because of the way SCAG is implemented. If a City does
not approve their programs, the City might have other funds
withheld for programs that are totally unrelated to the 208
Plan.
B. RESOLUTION NO. 79-16 - CLAIMS & DEMANDS
RESOLUT+IONNNO. 79-16
A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE
SUM OF $139,337.56 NUMBERED 29,116 THROUGH 29,207
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY
that Resolution No. 79-16 be adopted and the reading in full be
waived, and issuance of Check No. 29,154 be deferred pending
further information. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
C. ORDINANCE NO. 495 AMENDING ROSEMEAD MUNICIPAL CODE
SECTIONS 9106.33 AND 9106.36 WITH RESPECT TO CONDO-
MINIUMSDEVELOPMENTS
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL
that Ordinance No. 495 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. 79-17 ORDERING VACATION OF PORTION
OF VIRGINIA STREET
RESOLUTION NO. 79-17
A RESOLUTION AND','ORDER OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD VACATING A PUBLIC STREET PURSUANT TO THE
STREET VACATION ACT OF 1941 (VIRGINIA STREET 50 FEET
EAST OF INTERSECTION OF VIRGINIA AND DENTON)
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY
that Resolution No. 79-17 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.
E. ORDINANCE NO. 496 CHANGING ZONE FROM P TO C-3
FOR PROPERTY LOCATED AT 8001 E. GARVEY
ORDINANCE NO. 496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
CHANGING THE ZONE FROM P(PARKING) TO C-3(MEDIUM COMMERCIAL)
FOR PROPERTY LOCATED AT 8001 GARVEY AVENUE IN ROSEMEAD,
CALIFORNIA, AND AMENDING THE ROSEMEAD MUNICIPAL CODE(ZC-79-106)
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MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN
HUNTER that Ordinance No. 496 be introduced on its first read-
ing 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.
IV. CONSENT CALENDAR (Items B,C, & D)
CC-A ROSEMEAD HIGH SCHOOL REQUESTS USE OF STRAIN POLES
CC-E PUBLIC HEARING DATE TO BE SET FOR ZONE CHANGE FROM
R-2 TO R-3 FOR PROPERTY LOCATED AT 2626-44 WALNUT
GROVE ON APRIL 24, 1979.
CC-F PUBLIC HEARING TO AMEND ZONE CHANGE 590TO ALLOW
BEER & WINE AT CARROW'S RESTAURANT AT 1021 SAN
GABRIEL BLVD., DATE TO BE SET FOR APRIL 24, 1979
CC-G PUBLIC HEARING DATE TO BE SET FOR ZONE CHANGE
FROM R-2 TO C-3 FOR PROPERTY LOCATED AT 9010
EAST MISSION DRIVE ON APRIL 24, 1979
CC-H TRAFFIC SURVEY FOR SAN GABRIEL BETWEEN HELLMAN
AND RUSH STREET
MOTION BY COUNCILMAN CICHY, 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-B AUTHORIZATION REQUESTED TO ATTEND MEETING IN
SACRAMENTO ON APRIL 19, 1979.
Mayor Taylor inquired about the other cities that were
being represented by Mr. Gonsalves.
Councilman Cichy stated that the ofbur cities were Bell-
flower, Paramount, Hawaiian Gardens and Rosemead.
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY
that authorization be granted to the City Manager to attend
the meeting in Sacramento on April 19, 1979 and to bring back
to the Council all the information attained. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-C CLAIMS AGAINST THE CITY ON BEHALF OF DORA M. CHAVEZ
Councilman Cichy stated that he had to abstain on this
item as it is possible that the claimant is a prior secretary
of his.
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL
that the Claim against the City of Rosemead on behalf of Dora M.
Chavez be denied. Vote resulted:
AYES: Councilmen Hunter, Imperial and Mayor Taylor
NAYES: None
ABSTAIN: Councilman Cichy
ABSENT: Councilman Tury
Whereupon the Mayor declared said motion duly carried and
so ordered.
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CC-D AUTHORIZATION REQUESTED FOR SGT. BOB OWENS TO ATTEND
THE WE TIP CONVENTION IN CULVER CITY FROM APRIL 27 -
29, 1979
Councilman Cichy requested authorization to attend the
convention also, grid any other Councilmember who wishes to.
MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN IMPERIAL
that Sgt. Bob Owens be authorized to attend the We Tip Conven-
tion in Culver City from April 27-29, 1979 and anyeCounciTman.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
V. WRITTEN COMMUNICATIONS
A. Brewery requesting that 18 year olds be allowed to
enter into establishment.
B. Nbdbrn Services communications regarding rate increases
for Street Sweeping & Rubbish Pick-up (Amending Ageement)
Councilman Tury requested that these items be deferred to
the next Council Meeting.
There being no objection, these items will be deferred to
the next Council Meeting.
VI. MATTERS FOR DISCUSSION & ACTION
A. Report on SB 186
Robert T. Dickey, Assistant Manager, stated that it is recom-
mended that the City Council go on record opposing Senator Camp-
bell's amendment as an infringment into those areas of decisions
that are best made at the local level, by local Councils.
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY
that the Rosemead City Council go on record opposing Senator
Campbells amendment to SB 186. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
B. Consideration of General Plan
Mayor Taylor requested that this Item be deferred to the
next Council Meeting as he felt that there were several items
that were overlooked.
t
C. Consideration of Temporary Bingo Permit for the Lung
Association.
Robert T. Dickey, Assistant Manager, stated that there had
been some areas of concern,evidenced by the Council'at the last
Council Meeting,and there has been a meeting of the`staff and
members of the Lung Association to iron out some of those dif-
ferences. It is now recommended to issue a temporary permit
for three nights a week from 6:00 p. m. to 10:30 p. m.
Mayor Taylor inquired what the association's response was
to the recommendations.
Mr. Dickey stated that they are in favor of the conditions
as outlined.
Councilman Cichy inquired how the review within 90 days
be handled, and if it will come back before the Council.
Mr. Dickey stated that the review would be a day to day
thing where the activities of the location would be monitored
and be sensitive to any concerns of the residence in that area.
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Councilman Imperial stated that he felt that this was more
of a business venture than a fund raiser, and he doesn't feel
that this City needs Bingo there three times a week, and the
Council should reconsider the request, and think about the pos-
sibility of one time a week.and not three.
Mr. Wm. A. Keyser, Assistant Executive Director of the
Lung Association, spoke in favor of the request.
Mayor Taylor inquired who are the paid members of the As-
sociation.
Mr. Keyser stated that the staff is paid, but board members
or executives are not paid.
Mayor Taylor inquired who would be responsible for the
Bingo games.
Mr. Keyser stated that he would be over-all responsible,,
and Mr. Fields and the others listed will take turns supervising.
Councilman Imperial inquired if he could assume that any
organization whether it be the Lung Association or St. Anthony's
Church or the Moose Lodge can come in and ask for their Bingo
Permits to be extended to three days a week, 6:00 to 10:30 p.m.,
Is every organization, service or charitable, that service the
City of Rosemead have this opportunity.
Mayor Taylor stated "yes" and it is a flaw in the Ordinance
that we have.
Ed Dilkes, City Attorney, inquired if Councilman Imperial
would like a study taken by Mr. Dickey and him to the4dnd of
amending the Ordinance so that the number of nights is expressly
limited, he would be happy to do that.
Mayor Taylor stateddthat he would make that recommendation.
Councilman Imperial requested that recommendation be made.
Councilman Imperial stated that Bingo permits for charitable
organizations for one day or night a week, he has no.problem with
that at all. He thinks thatpwhen you get into more than one day
a week, you are talking about a casino type operation, and you
don't need that in this City.
MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY
that a temporary Bingo Permit be granted to the Lung Association
and that after 90 days of operation this item ` be brought back
to the Council for consideration.and review. Vote resulted:
AYES: Councilmen Hunter, Cichy and Mayor Taylor
NAYES: Councilman Imperial
ABSTAIN: None
ABSENT: Councilman Tury
Whereupon the Mayor declared said motion duly carried and
so ordered.
D. Acceptance of a Petition for Street Improvement on
Bartlett Street
Robert T. Dickey, Assistant,Manager, stated that Mr. Marcussen
of Bartlett Street requested consideration of street improvements
for Bartlett Street south of Mission at the last Council Meeting.
As the Council knows that is a private street and staff was directed
to prepare a petition for Mr. Marcussen to circulate amongst the
property owners on that street. He returned with that petition
on Friday.
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Mr. Dickey stated that in addition to the signatures Mt.
Marcussen had acquired for Curbs, Gutters and Driveway approaches,
he received signatures for the consent to dedicate for street
purposes for all the people that did in fact sign.
MayorrTaylor inquired about the petition which states that
the undersigned requests installation of street improvements;
curb, gutter and driveway approaches. He stated that it has
been the City policy that the homeowner picks up those particu-
lar improvements. Thesstreet improvement itself, the City will
do its normal job of the grading and the asphalt material.
Mr. Dickey, Assistant Manager, stated that the Council
policy in the past is that for those streets that are private
streets, not be accepted for public purposes unless it is im-
proved to full standard specifications. That would mean that
those persons who wish to dedicate their private street would
have to install proper pavement, curb, gutter and driveway.'ap-
proaches and sidewalks if the Council so desires.
Mayor Taylor stated that the way this is worded that it
would seem that the owners would have to absorb the entire cost,
and inquired if that was the intent by the way this was drawn up.
Mr. Dickey stated that at the last meeting the Mayor had
directed that the petition be circulated so that the property
owner would consent to pay for curbs and gutters and driveway
approaches only.
Mayor Taylor stated that was his intent.~.r
Councilman Imperial stated that he had requested at the
last Council Meeting some information telling Council what
degree the City was responsible for the-run-off from Mission
before it was improved on to Bartlett Street, He stated that
he had not seen this information.
Ed Dilkes, City Attorney, stated that there had been two
requests made of his office, one was to find out if it were
permissible to expend',the Ci.tyc:funds on a private street, and
it was generally concluded that absent some reason of an extra-
ordinary nature it would probably not be, and the second was
to find out exactly what the nature of the run-off water was.
That information has not been easy to attain, and is not readily
available. If for example';'the water was:."in fact generated from
City property and conveyed by City or County facilities onto a
private street that would constitute a common nuisance and the
City could justify the expenditure of public funds in order to
essentially settle a dispute with a private"land owner. If in
fact, the City has no fault in that then it is more difficult
to justify the expenditure of public funds.
Mayor Taylor inquired if the property were dedicated to
the City could the City then expend City funds to improve:'the
street.
Ed Dilkes stated that if the-City were to accept the dedi-
cation of the street it would then be a city street then the
City could expend public funds.
Mayor Taylor stated that those property owners who do not
wish to dedicate their portion of the street,their,portion could
be condemned',-'for street purposes, and the property could then be
dedicated to the City and the City could then expend the money
to do it, as the majority of the property owners have petitioned
for the street improvements.
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Robert Dickey stated that the request made by Councilman
Imperial regarding the drainage problem on Bartlett Street is
being worked on in a report and to examine the existing policy
of this Council, and checking on other cities to see what ap-
proach they are taking on similar private streets if they have
any. Part of this study is completed, but not finished.
Councilman Cichy requested a legal opinion of expenditure
of public funds for Street Improvements by the next Council
Meeting.
Ed Dilkes, City Attorney, stated that he was hopeful that
the information would be available by the next meeting.
Councilman Cichy requested,along with the other information,
a continuing up=date on the other private streets as what it
would cost to improve them also.
Mayor Taylor stated that the Consent to Dedicate and Permit
to Enter for Construction purposes have been received from all
the people who'have signed the Street Improvement Petition.
This Item will be deferred to the next Council Meeting on
April 24, 1979.
E. Assembly Bill 1208
Councilman Cichy requested that the Council support the
Assembly Bill 1208 which was introduced by our Assemblywoman
Sally Tanner.
This Item will be deferred to the next Council Meeting on
April 24, 1979.
VII. A. BIENVENIDOS
Mayor Taylor stated that he had requested this Item be
placed on the Agenda in order to get additional information
relating to Bievenidos. He stated some information had been
received yesterday from the Sheriff's Office, but was not too
complete. This information was to be used so that the Council
could discuss how we would be participating in the Bievenidos
program, and he felt that the Council is:still entitled to
more information.
Councilman Imperial also requested information regarding
the CETA slots that are funded by the City of Rosemead, the
amount of money going into Bienvenidos, the Board of Officers,
and any other information that would be available in order to
understand what is happening in Bienvenidos at this time.
Mayor Taylor stated that until the City openly and publicly
support organizations,information should be available to the
Council that has been requested.
Juan Nunez, 2704 Del Mar, stated that he had written to
Congressman Danielson regarding Bienvenidos,which had-.been
referred to Helen Gold. The answer given stated that nothing
could be done about the money Bienvenidos receives.
Mr. Nunez inquired who audits Bienvenidos.
Mayor Taylor stated that the City Council reviews the portion
that comes through the City, and the County reviews the rest of it.
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Mayor 'Taylor stated that the City cannot dictate to the
County and we cannot dictate to Bienvenidos. The only thing
the City can doh is withdraw our funds of $80,000 from Bienvenidos.
Mr. Nunez stated that they are governed by By-Laws, but
from what he has understood the By-Laws are changed as the
Board of Directors are changed.
Councilman Imperial requested the current By-Laws of Bien-
venidos.
Mayor Taylor requested that copies of the By-Laws and copies
of their minutes of their monthly meetings,:,, made available to Council.
B. Nancy Wilson, 8094 E. Emerson Place, commented on the
Bingo Permit issued to the Lung Association.
Mayor Taylor requested that information regarding the County
Ordinance relating to Bingo Permits and a copy of the Ordinance
adopted by the City of San Gabriel.
The Council Meeting was adjourned to the Budget Study.Session
on April 17, 1979 at 7:00 p. m.
Respectfully submitted:
City Jerk
APPROVED:
Z9,
.el C
yor
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