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CC - 02-28-78~1"aliQ.'L.~ N ~d a'--~ MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL FEBRUARY 28,1978 AT 8:00 P. M, The Regular Meeting of the Rosemead City Council was called to order by Mayor Cichy in the Council Chambers of City Hall, 8838 E- Valley Blvd., Rosemead at 8:00 o'clock p. m. The Pledge to the Flag was led by Councilman Herb Hunter, The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmembers Hunter, Imperial, Taylor, Trujillo and Mayor Cichy Absent: None Ex-Officio: Tripepi, Dickey, Dilkes, Foutz, Sullivan, " Burbank, Fleischman, and Poochigian APPROVAL OF MINUTES - February 14, 1978 - Regular Meeting Councilman Taylor requested that the addition.:t6.page #9 of the Minutes be recorded in the minutes as: "if it was going to deal with personal vindictives of past.councilmembers and staff actions". 'This would be added to his last statement before ad- journment of the meeting, and his statement would then be: "he would not like:to be part of such a conference if it was going to deal with personal vindictives of past councilmembers and staff actions". MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Regular Meeting of February 14, 1978 be approved as corrected. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATIONS 1. Frank G. Tripepi, City Manager, presented a resolution Mike O'Connor from the Council for his outstanding performance to the City of Rosemead as Administrative Assistant and wished him well on all future endeavors. 2. Mayor Cichy presented Don Grieninger, President of the Chamber of Commerce, with a Resolution of Commendation for the years of service to the City of Rosemead and the Chamber of Commerce of Rosemead. 3. Esther Espinosa, Sister Cities President, presented to Mayor Pro Tem Imperial a plaque from the President of Zapopan commending him as one of the most distinguished guests they have had. 4. Alice Bautzer,presented Mayor Marvin Cichy with a certifi- cate of appreciation from the-La Chimes for services above and beyond the call to duty. ORAL COMMUNICATIONS 5. Mary Clayton, 4234 N. Ivar, requesting that Rosemead have a Rose named after the City. Mayor Cichy requested that-Hugh Foutz,be directed to prepare the history of Rosemead and a letter to the concern that would be in charge-of having a Rose named after Rosemead, and haveethis information available for Council approval. There being no objection, it was so ordered. CM 2-28-78 Page #1 6. Juan Nunez, 2704 Del Mar Avenue, spoke regarding some pro- perty that had been sold recently and whose trash had not been picked up for over a week. - Mayor Cichy stated that he was aware of problems of that nature.;..,. . 7. Hugh Foutz, City Treasurer, made a presentation of tax incre- ment monies in the amount of $716,092.21 to the Redevelopment Agency of the City of Rosemead, and pictures were taken with the Council making the presentation. 8. Gail Robles, 2445 Muscatel, requested that her fruit stand business be allowed to continue for a=_year until she is able to build.on the newly acquired property. Ed Dilkes, City Attorney, stated that she was in violation of the ordinance and it would work against her as it would anyone else violating the ordinance. Frank G. Tripepi, City Manager, stated that she had three fruit stands that were in violation to this ordinance when this ordinance took effect, but now she has only:.one. The District Attorney has~recommended_that the complaint be filed and the date be set for March 22, 1978, and Miss Robles would plead guilty and the District Attorney would then request that the sentencing be deferred until such time she works out arrange- ments with the City or the Agency, and when it has been worked out then the District Attorney asks that the case be dismissed. Gail Robles stated that.she would work something out. Councilwoman Trujillo inquired what type of time schedule would be required from Gail Robles. Frank G. Tripepi, City Manager, stated that by March 14, 1978 she should be able to get a schedule together. Mayor Cichy inquired if there were any objections to direct- ing the City Manager in filing the complaint. Councilman Taylor stated that he objected to filing the complaint. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that the City Manager be directed to file the complaint against Gail Robles. Vote resulted: AYES: Councilmembers Hunter, Imperial, Trujillo & Cichy NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show the reason for his "abstain" vote was because he wanted to see the schedule before actions are taken as farn.as the filing of the complaint. III. LEGISLATIVE The following Ordinance was presented: ORDINANCE NO. 466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CHANGING THE ZONE FROM M-1, INDUSTRIAL AND A-1, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ' SAN GABRIEL BOULEVARD & WALNUT GROVE AVENUE, ALSO KNOWN AS TRACT 34148 CM--2-28-78 Page #2 M to MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILWOMAN TRUJILLO that the reading in full of Ordinance No. 466 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 HUNTER, SECONDED BY COUNCILWOMAN TRUJILLO that Ordinance No. 466 be adopted. Vote resulted: AYES: Councilmembers Hunter, Taylor, Trujillo, & Cichy NAYES: Councilman Imperial Whereupon the Mayor declared said motion duly carried and so ordered. Councilman'Imperial:stated;that,:_ he wanted the record to show the reason for his "no" vote was because he did not like the way it had been handled. B. The following Ordinance was presented: ORDINANCE NO. 467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 9181.1 OF THE ROSEMEAD MUNICIPAL CODE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILWOMAN TRUJILLO that the reading in full of Ordinance No. 467 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 IMPERIAL, SECONDED BY MAYOR CICHY that Ordinance No. 467 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. The following Ordinance was presented:; . ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART XIX SECTION 9119- 9119.4 OF THE D-DESIGN ZONE BY DELETING THE PRESENT PART XIX OF THE ROSEMEAD MUNICIPAL CODE AND ENACTING.~A NEW PART XIX THEREIN MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that the reading in full of Ordinance No. 468 be waived. Vote resulted: . UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN IMPERIAL that the Ordinance No. 468 be adopted. Vote resulted: AYES: Councilmembers Hunter, Trujillo, Imperial, & Cichy NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. D. The following Ordinance was presented: ORDINANCE. NO. 469 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING ARTICLE VI, SECTION 89 OF THE SUBDIVISION ORDINANCE OF L. A. COUNTY NO. 4478 ADOPTED BY REFERENCE 9-30-77 CM 2-28-78 Page #3 M ft MOTION BY BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 469 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. The following Ordinance was presented: ORDINANCE NO. 470 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING CHAPTER 7 OF ARTICLE II OF THE ROSEMEAD MUNICIPAL CODE AS IT RELATES TO DAYS FOR PRESENTING MATTERS TO THE CITY COUNCIL MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER to.:waive further reading of Ordinance No. 470. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered, MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER that Ordinance No. 470 be adopted. Vote resulted: AYES: Councilmembers Hunter, Taylor, Trujillo and Cichy NAYES: Councilman Imperial Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial reiterated that he could not see why the--staff could not get the Agenda out by Wednesday. Frank G. Tripepi, City'Manager, reiterated again that the staff would make every effort to give Councilman Imperial those Items available by Wednesday. F. The following Ordinance was presented: ORDINANCE NO. 471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE MUNICIPAL CODE TO ADD SECTION 9121.24 Councilman Taylor inquired if there would be an appeal process to the Planning Commissions decisions. . Ed Dilkes stated that the Code does not require any appeal process on this particular matter. Councilman Taylor stated that there should be an appeal process included to this Ordinance. Ed Dilkes, City Attorney, stated that this would be a sub- stantial correction and the ordinance will be brought back in revised form and re-introduced. There being no objection, it was so ordered. G. The following Resolution No. 78-9 was presented for adoption RESOLUTION NO. 78=9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF MARCH, 1978, TO BE MADE BY THE CITY CLERK OF THE CITY OF'ROSEMEAD CM 2-28-78 Page #4 so MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 78-9 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. H. , The following Resolution No. 78-12 was presented for adoption: RESOLUTION NO. 78-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD' ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $60,574.98 NUMBERED 26153 THROUGH 26520 INCLUSIVELY MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL that 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. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN IMPERIAL. that Resolution No. 78-12 be adopted. Vote resulted: AYES: Councilmembers Hunter, Trujillo, Imperial & Cichy NAYES: Councilman Taylor . Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he wanted the record to show that his "no" vote was for check no. 26192 because he is opposed to lunches for employees, staff and county members. IV. CONSENT CALENDAR (Items C, F & H)deferred) CC-A Results of Landscape Bids.. CC-B Results of Gym Floor Bids. CC-D Direction to Planning Commission to review proposed Noise Ordinance CC-E Authorization for Planning & Planning Director to attend one day course in Costa Mesa on March 3, 1978. CC-G Request for authorization to terminate Commercial Liability Insurance subject to the operation of the Joint Powers Insurance Authority. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TAYLOR 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-C Frank requested that this item be deferred to the next Council Meeting. CC-F Approva-lnof'_Assumptioniof'.Liability Agreement with . Los Angeles County? Councilman Taylor inquired as to why"the cost of L;.A,.-County Liabil lty0lnsurahce covei+age hadunot been',-reduced because they ppw are self-insured. He cited that the Joint Powers Insurance Author- ity stating that the JPIA had reduced Liability Insurance premiums in their pooling of insurance. MOTION BY MAYORiCICHY, SECONDED BY COUNCILMAN HUNTER that the Assumption of Liability Agreement be approved and that the Mayor be authorized to execute it. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 2-28-78 Page #5 so. CC-H Direct Human Resources Commission to submit nominees for,"Older Americans Recognition Day". It was commented that the deadline from L. A. County for nominees had already passed. Frank G. Tripepi, City Manager, stated that this deadline could be extended and requested that the Human Resources Com- mission submit their nominee'--to"--the-Council at the next meeting. V. MATTERS FOR DISCUSSION & ACTION A. Mayor Pro Tem Imperial requesting Study Session regard- ing Graffitti Program. Mayor Pro Tem Imperial directed the City Manager to re- search the cost of having our own Graffitti Program, possibly through.the Park & Recreation Department, and to have informa- tion regarding this possibility and the cost of such venture by the next Council Meeting for a study session. Sergio Cabanallas spoke briefly on the GraffittiaProgram. B. Ed Dilkes, City Attorney, requested an.Executive Session regarding the Modern Services Agreement. The Council recessed. The Council reconvened. Ed Dilkes, City Attorney, stated that since Councilman Imperial and Councilwoman Trujillo had been discussing a number of proposed amendments to the Trash Contract.with Modern Ser- vices Company;^_this`.1.executive session was for information only to describe the impact some of these things may or may not have on the litigation concurrently pending. No decisions were reached except to discuss these things on their. merits. Councilman Taylor stated that the primary reason for this executive session was law suit complications. Ed Dilkes, City Attorney, stated that there are eight potential amendments to the Agreement and they can be dis- cussed as a matter of policy. Councilman Taylor requested that these eight amendments be deferred to the next Council Meeting and be placed on the Agenda since he had just received them as a confidential memo. Councilman Imperial stated.'. that he had requested over a month ago some feed back from the Council on these amendments but had not heard anything until now. Councilman Hunter stated that the items one through eight were agreeable to him. Councilman Taylor once again requested that this item be held over to the-next Council Meeting Agenda. Mayor Cichy inquired if there were any objections. There being no objections, it was so ordered. C. Bob Dickey, Assistant Manager, requested consideration of a requested payment of $269.34 & $77.40 to reimburse expendi- tures for Sister Cities Conferences at Palm Springs and Santa Barbara. CM 2-28-78 Page #6 MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN IMPERIAL that expenses incurred in the amount of $269.34 and $77.40 for Sister Cities Conferences be reimbursed and that a letter be prepared and sent advising the Committee that all conferences require prior approval by the City Council. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. Frank G. Tripepi, City Manager, inquired if all the Councilmembers would be able to attend.the Prayer Breakfast which will be held on Saturday, May 13, 1978. VI. MATTERS FROM OFFICIALS A. Councilman Taylor inquired if the Special Newletter had sent to the publisher, and asked if all the Councilmembers have seen it and was in accordance with it. Beth Wyckoff stated that it had been sent to the publishers and that all Council people had seen it before it had been sent to be published, and the exact amount of space was used for both the pro and con of the issue.of the Tax Allocation Bonds. Lillian Sacco, 3220 Walnut Grove, made comments on the way letters were chosen for the newsletter. Beth Wyckoff,stated that there was not enough space to use all the letters that were received "against" the issue and still have an:.exact balance of space for both "pro" and "con". The Council Meeting was adjourned at 10:30 p. m. to the next Council Meeting on March 14, 1978 at 8:00 o'clock p, m. Respectfully submitted: City Clerk of th City of Rosemead APPROVED: Mayor CM 2-28-78 Page #7