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CC - 09-26-78MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL SEPTEMBER 26, 1978 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, Calif. The Pledge to the Flag was led by Councilman Hunter The Invocation was delivered by Father Flanagan, St. Anthony's Church. ROLL CALL OF OFFICERS: Present: Councilman Hunter, Cichy, Imperial, Tury, and Mayor Taylor Absent: None APPROVAL OF MINUTES - September 11, 1978 - Adjourned Meeting MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the minutes of the adjourned meeting of September 11, 1978 be approved: Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES - September 12, 1978 - Regular Meeting MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that the minutes of the meeting of September 12, 1978 be ap- proved as corrected. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Taylor requested that the minutes be corrected by adding the reason for his "no" vote on Resolution No. 78-49, Claims & Demands, which was for checks #27617 and #27729. ORAL COMMUNICATIONS A. Hugh Foutz, Chairman of the Dinsmoor Heritage House, invited everyone to attend the Open House of the Dinsmoor Heritage House on Saturday, October 74th, 1978, and mentioned that Charles Guess, son of the founder of Rosemead, has also been invited as a special guest. Mr. Bill Stephenson, an early resident of Rosemead, will have an art exhibit. Mr. Foutz stated that at the last business meeting,,Mike T. Scott, Virgil Water, and Dr. Stuart H. Maude wereivoted unanimously to the Board of Directors of Dinsmoor Heritage House and requested the approval and appointment of the Council.of those three people. II. PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER AN ORDINANCE, ARTICLE 5, SECTION TION FEES. AMENDMENT TO THE SUBDIVISION 71.3 REGARDING PARK & RECREA- Mayor Taylor stated that the hearing was open and inquired if there was anyone in the audience who would care to speak re- garding this amendment. No one came forward. Mayor Taylor closed the Public Hearing. CM 9-26-78 Page #1 i i The following Ordinance was introduced on its first reading: ORDINANCE NO. 477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE LOS ANGELES COUNTY SUBDIVISION ORDINANCE TO PROVIDE LOCAL PARK SPACE OR PAYMENT OF FEES IN LIEU THEREOF Ed Dilkes, City Attorney, stated that the Ordinance provides that the funds received can only be used for purchase of new park lands or the development of existing park lands. It cannot be used for maintenance or normal operating or program expenses. The theory of this ordinance is that a new home should be assessed at the time it is constructed so that it contributes its fair share to the park facilities and the community as a whole. Councilman Imperial requested that this item be deferred to the next Council Meeting for additional information. There being no objection, it was so ordered. B. PUBLIC HEARING TO CONSIDER AN ADOPTION OF A NOISE ORDINANCE OF THE CITY OF ROSEMEAD Mayor Taylor stated that the Hearing was open and inquired if there was anyone in the audience who would care to speak re- garding this matter. Juan Nunez, 2704 Del Mar, inquired if this refers to bark- ing dogs. : _ Mayor Taylor stated that would be covered in the City's pub- lic nuisance ordinance. Mayor Taylor inquired if there was anyone else who would care to speak regarding this matter. No one else came forward. Mayor Taylor closed the Hearing. The following Ordinance was introduced on its first reading: ORDINANCE NO. 478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CROSEMEAD ADOPTING A NOISE CONTROL ORDINANCE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that Ordinance No. 478 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. C. PUBLIC HEARING TO CONSIDER A ZONE CHANGE FROM R-2 TO R-3-D ON PROPERTY LOCATED AT 2730 WALNUT GROVE FOR CONSTRUCTION OF 18 APARTMENT UNITS. Mayor Taylor stated.that the Hearing was now open and in- quired if there was anyone in the audience who would care to speak regarding this Zone Change request. Leon Payne, Builder of Shannon Homes, 723 E. Valley, San Gabriel, inquired if there was anyone who would like to question him regarding the construction of these eighteen,-apartments. Councilman Hunter inquired if lot #26 was under one owner- ship, and if not when it was two:.separate pieces of property, and requested that a rundown of how and when those lots were split and why,from the Planning Director, Lew Sullivan. CM 9-26-78 Page #2 i a Ed Dilkes, City Attorney, stated that an Item 5. be added to the staff recommendations: "5. owner produce proof that the subject parcel is legally subdivided and recorded as two (2) whole lots and legally distinct from adjacent parcels." Mayor Taylor inquired if there was anyone else who would care to speak regarding this Zone Change request. No one else came forward. Mayor Taylor closed the Public Hearing. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Zone Change from R-2 to R-3-D with the addition of item 5. to the recommendations of the staff be approved. 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 A ZONE CHANGE FROM P TO R-1 AND M-1 ON PROPERTY LOCATED SOUTH OF VALLEY NORTH OF STEELE STREET, WEST OF TEMPLE CITY BLVD., AND EAST OF RIO HONDO AVENUE. Mayor Taylor stated that the Hearing was open and inquired if there was anyone who would care to speak regarding this Zone Change. Anna Welch inquired what influence this would have on the three units which she owns on Steele Street. Lew Sullivan, Planning Director, stated that it would change the'U-part of her property from P to R-l.which her units are on. Mary O'Halloran, 9521 E. Steele, stated that she was primarily concerned about the portion of Steele Street where there were apart- ments and now understands that it would not be parking. MayorTaylor stated that that portion of Steele Street would be changed to R-1. Raymond Vega, 3944 Rio Hondo Avenue, stated that the Zone Change requested would have the effect of deleting the buffer between the businesses and the residential areas. Mayor Taylor inquired if there was anyone.else who would care to speak. No one came forward. Mayor Taylor closed the Public Hearing MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR-TAYLOR that the Zone Change from P to R-1 and M-1 be approved and the nega- tive declaration be accepted. Vote resulted: AYES: Councilmen Hunter, Tury, Cichy and Mayor Taylor NAYES: Councilman Imperial Whereupon the Mayor declared said motion duly carried and so ordered. E. PUBLIC HEARING TO CONSIDER INSTALLATION OF SIDEWALKS ON BOTH SIDES OF EARLE STREET BETWEEN HELLMAN AND ARTSON Mayor Taylor stated that the public hearing was open and inquired if there was anyone in the audience who would care to speak regarding this matter. No one came forward. Mayor Taylor closed the Public Hearing. CM 9-26-78 Page #3 • 0 Bob Dickey, Assistant Manager, stated that on the Council Meeting of April 25, 1978 a petition was accepted by the residents on Earle Street requesting installation of sidewalks, and at the last regular meeting staff was authorized to post notice to con- struct, and the public hearing which was held this evening, and it is now recommended.that the Council approve the project,to be combined with.-several other projects, order in the improvements and authorize staff to seek proposals for engineering services. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN HUNTER that installation of sidewalks on both sides of Earle Street be approved and authorize staff to seek proposals for engineer- ing services. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. F. PUBLIC HEARING TO CONSIDER INSTALLATION OF GUTTERS ON RALPH STREET FROM MUSCATEL TO GERNERT STREET Mayor Taylor stated that the Hearing was open and inquired if there was anyone in the audience who would care to speak. No one came forward. Mayor Taylor closed the Public Hearing. Councilman Imperial,.8755 E'.: Ralph Street, stated that he would stand to benefit from this street improvement and inquired if it would be a conflict of interest if he voted on it. Ed Dilkes, City Attorney, stated that under the circumstances it would be best to disqualify himself. Councilman Tury.inquired what the cost of this improvement would be. Robert Dickey, Assistant Manager, stated that Ralph Street from Gernert to Muscatel has been in the Budget for the last three years, but was such a small project that it was not feasible to do it independently and now we have a series of projects that can be combined in order to keep construction costs down. The current budget calls for $75,000 to be allocated.for the recon- structive work needed. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that the reconstruction of Ralph Street.from..Gernert to Muscatel on both sides be approved. Vote resulted: AYES: Councilman Hunter, Cichy and Tury NAPES: Mayor Taylor ABSTAIN: Councilman Imperial Whereupon the Mayor declared said motion duly carried and so ordered. Mayor. Taylor stated that he wanted the record to show that the reason for his "no" vote was because there had been no peti- tion circulated requesting this improvement. Councilman Imperial requested that the record show that his "abstain" vote was because of a possible conflict of interest. G. PUBLIC HEARING TO CONSIDER AN APPEAL FOR A SIGN VARIANCE BY WESTERN NEON SIGN TO CONSTRUCT A FREE STANDING SIGN IN EXCESS OF REQUIRED SQUARE FOOTAGE AT 7556 E. GARVEY. Mayor Taylor stated that the hearing was open and inquired if there was anyone in the audience who would care to speak. CM 9-26-78 Page #4 0 Gary Kovasek, Attorney at Law, stated that this request for a variance is very difficult as he does not feel that a variance is required because he feels the code is specific as to the size of sign that is allowed in this city. The sign that is being requested is approximately 160 sq. ft. on each side of a revolv- ing sign on a lot that 143' X 169'. A. F. Mitchell, Sign builder, stated that he was told that it was permissable to have a sign that large, and after he had drawn the plans and began on the sign he was told that it would require a variance as the maximum is 100 sq. ft. on each side of a sign. ,May_or Taylor ingiuired-if there,was anyone'else.who would:- care to speak-regarding this appeal. No one else came forward. Mayor Taylor closed the Public Hearing. Ed Dilkes, City Attorney, stated that a law suit was filed last week, Doerken vs. City of Rosemead, and requested an execu- tive session with the Council regarding the rights and liabilities in respect to that litigation because it might bear upon the de- cision to be made. The Council recessed to an executive session. The Council reconvened from the executive session. Ed Dilkes, City Attorney, stated that the Council met in executive session for a period of approximately 15 minutes to discuss its rights and liabilities in terms of the pending liti- gation, Doerken vs. City of Rosemead. There was no decision made at that time. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Planning Commission's recommendations be upheld and the appeal be denied. Vote resulted: AYES: Councilmen Hunter, Cichy, Imperial, and Tury NAYES: Mayor Taylor Whereupon the Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 78-52 ADOPTING NOISE ELEMENT TO THE GENERAL PLAN RESOLUTION NO.78-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA APPROVING AND ADOPTING A NOISE ELEMENT TO THE GENERAL PLAN OF THE CITY OF ROSEMEAD MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that Resolution No. 78-52 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. CM 9-26-78 Page #5 • 0 B. RESOLUTION NO. 78-53 CLAIMS & DEMANDS - 9-26-78 RESOLUTION NO. 78-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $180,584.08 NUMBERED 27,748 THROUGH 27,812 INCLUSIVELY MOTION BY MAYOR TAYLOR, SECONDED BY COUNCILMAN CICHY that the reading in full be waived on Resolution No. 78-53. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN HUNTER that Resolution No. 78-53 be adopted. Vote resulted: AYES: Councilmen Hunter, Cichy and Imperial NAYES: Councilman Tury and Mayor Taylor Whereupon the Mayor declared said motion duly carried and so ordered. Mayor Taylor requested that the record show that the reason for his "no" vote was for checks #27758 and #27771 which were for administrative luncheons with staff and county officials. C. RESOLUTION NO. 78-54 ADOPTING 1978 SUPPLEMENT TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CON- STRUCTION, 1976 EDITION RESOLUTION NO. 78-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING 1978 SUPPLEMENT TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC- TION, 1976 EDITION MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY, that Resolution No. 78-54 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. ORDINANCE NO. 479 ADOPTING A SANITARY SEWER.& INDUSTRIAL WASTE ORDINANCE (INTRODUCTION) Deferred to next Council Meeting E. ORDINANCE NO. 480 AMENDING SECTION 2204 OF ROSEMEAD MUNICIPAL CODE (INTRODUCTION) ORDINANCE NO. 480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 2204 OF THE ROSEMEAD MUNICIPAL CODE TO PERMIT THE CITY MANAGER TO EXERCISE THE FUNCTIONS OF CITY DIRECTOR OF FINANCE MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 480 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 9-26-78 Page #6 • IV. CONSENT CALENDAR (Items A, B, E, G, and H Deferred) CC-C APPROVAL OF GARVEY PARK TENNIS COURTS DEDICATION PLAQUE. CC-D REQUEST EXTENSION OF ANNUAL TREE CONTRACT CC-F PASSENGER LOADING ZONE - WALNUT GROVE AVENUE CC-I AUTHORIZATION REQUESTED FOR VACATION FOR CITY MANAGER FROM OCTOBER 6.-113 AND 19 & 20, 1978 CC-J APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO GO TO BID FOR INSTALLATION OF TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING AT SAN GABRIEL BLVD. AND KLINGERMAN MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that the foregoing Items of the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion be duly carried and so ordered. CC-A. REVENUE SHARING AGREEMENT WITH BOY SCOUT MOTHERS AUXILIARY Mayor Taylor requested that pictures be taken of the Scout House now.since it is a $10,000 investment in the building. Councilman Cichy stated that would be alright if the pictures are used for historical purposes. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that the Revenue Sharing Agreement with the Boy Scout Mothers Auxiliary 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 TO PROCEED WITH VACATION OF ALLEYWAY 210' EAST OF RIO HONDO Councilman Imperial stated that there was a request for additional information on this alleyway and he had not re- ceived it. Frank G. Tripepi, City Manager, stated that this will now go back to the Planning Commission and this is what the Govern- ment Code requires for vacation of alleyways. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that authorization be granted to proceed with the vacation of the alleyway 210' east of Rio Hondo. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared.'said motion duly carried and so ordered. Councilman Imperial requested additional information again. CC-E SPEED SURVEY - TRAFFIC & ENGINEERING STUDIES Mayor Taylor requested that item 12.' Temple City Boulevard between Southern Pacific Railroad and & Olney Street and item 14. Walnut Grove Avenue between Rush Street and San Gabriel be pulled from the list to be approved. George Envall, Traffic Engineer, stated that if approval is not granted on a particular street then Radar cannot be used.on that street. MOTION BY MAYOR TAYLOR, SECONDED BY COUNCILMAN TURY that the Speed Survey (Traffic & Engineering Study) with items 12. and 15. omitted be approved. Vote resulted: AYES: Councilman Imperial,Tury and Mayor Taylor NAYES: Councilmen Hunter and Cichy Whereupon the Mayor declared said motion duly carried and so ordered. CM 9-26-78 Page 7 CC-G APPROVAL OF PARCEL MAP #10061 AND REJECTION OF STREET DEDICATION AT THIS TIME MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Parcel Map #10061 be approved and the future street be rejected at this time. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-H AUTHORIZATION TO ATTEND NATIONAL MUNICIPAL LEAGUE LOUISVILLE, KY., NOV. 12-15, 1978 Deferred to next Meeting for additional information. V. DISCUSSION & ACTION A. CONSIDERATION OF REQUEST. TO PURCHASE EXCESS RIGHT- OF-WAY ON LA MERCED ROAD Mike Scott, Scott & Associates, stated that upon the request of the Council to have a title report to ascertain the exact owner- ship of the existing right-of-way on La Merced Road, it was dis- closed that the 20 foot wide strip is comprised of a 10 foot strip owned in fee by the City and a 10 foot road easement. The fee strip containing 1368 square feet can be sold by the City in accordance with the appropriate procedures set forth in the Streets and Highways Code. The road easement can be re- linquished by a quit claim deed to Mr. Del Erba, since it is no longer needed for street purposes. Mayor Taylor instructed-the City Attorney to prepare the proper papers for the vacation of the property. There being no objection, it was so ordered. B. CONSIDERATION OF KLINGERMAN DRAIN SWALE CONCEPT Mike Scott stated that the City has approximately $200,000 available for storm drain work in the 1970 Bond Issue Funds. Frank G. Tripepi, City Manager, stated that the recommenda- tion is for Council authorization of $2,500 to allow H. M. Scott and Associates to proceed with necessary design phase which ac- cording to Mr. Scott's information seems certain to be approved by the District. Mike Scott stated that this $2,500 is to get written approval in order to be allowed to prepare construction plans. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that $2,500 be authorized for H. M. Scott & Associates in order to proceed with necessary design phase. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. CONSIDERATION OF INSTALLATION OF SIDEWALK ON BARTLETT STREET FROM MARSHALL TO OLNEY (WESTSIDE) Robert Dickey, Assistant Manager, of right of way will be necessary, and intendent, indicated that the School B, sary right of way for the improvement. construction, engineering, staking and mately $48,500. stated that a dedication that Mr. Stringham, Super- )ard would dedicate neces- The estimated costs for inspection are approxi- MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Council proceed with this project with a discussion with the School District regarding the right of way and the sharing of costs. Vote resulted: CM 9-26-78 Page #8 AYES: Councilmen Cichy, Imperial, Tury and Mayor Taylor NAYES: Councilman Hunter, Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Hunter requested that the record show the reason for his "no" vote was that the cost of $48,000 was entirely too much money for a sidewalk. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CICHY that the Council Meeting be allowed to extend past 11:00 p. m. There being no objection, it was so ordered. D. STREET DESIGNATION BE CHANGED IN ACCORDANCE WITH COUNCIL POLICY Councilman Tury requested that this item be deferred to the next council meeting. E. REQUEST FOR BUDGET ADJUSTMENT OF SISTER CITIES ACCOUNT NO. 2076 This Item was deferred to the next Meeting and a break- down by invoices on what has been paid. MOTION BY MAYOR.TAYLOR, SECONDED BY COUNCILMAN HUNTER that the City of Rosemead no longer participate in the Sister City Program. Vote resulted: AYES: Councilmen Hunter,.Tury and Mayor Taylor NAYES: Councilmen Imperial and Cichy Whereupon the Mayor declared said motion duly carried and so ordered. F. CONSIDERATION OF GRAFITTI STUDY Deferred this to the next meeting. VI. MATTERS FROM OFFICIALS A. EXECUTIVE SESSION Ed Dilkes, City Attorney, requested that although the execu- tion has taken place earlier in the evening,,it would be necessary to have the Council's formal authorization to respond to defend the City in Doerken vs. City of Rosemead. There.being no objection, it was so ordered. VII. ADJOURNMENT The Council Meeting was adjourned at 11:45 p. m. to the next regular meeting of October 10, 1978 at 8:00 p. m. Respectfully submitted: City Jerk APPROVED, Mayo CM 9-26-78 Page #9