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CC - 05-24-77O • CITY OF ROSENIEAD DATE ~ - a_g7_Z_____ R1r MINUTES OF THE ROSEMEAD CITY COUNCIL MAY 24, 1977 The regular Meeting of the Rosemead City Council was called to order in the Council Chambers of the Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California at 8:00 o'clock p. m., by Mayor Cichy. The Pledge of Allegiance was led by Councilwoman Trujillo. The Invocation was delivered by Reverend Ken Mathi's of the Rosemead Church of Christ. ROLL CALL OF OFFICERS: r Present: Cie by, Hunter, Imperial, Taylor, Trujillo Absent: None Ex-Officio: Burbank, Dickey, Dilkes, Fleischman, Sullivan, 17ripepi, Wycoff and Poochigian APPROVAL OF MINUTES - May 9, 1977 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Special Meeting of the City_:Council,held on May 9, 1977 be approved. Vote resulted: AYES: Councilman Hunter, Imperial, Taylor & Mayor Cichy NAYES: None ABSTAINED:Councilwoman Trujillo APPROVAL OF MINUTES - May 10, 1977 MOTION BY COUNCILMAN-IMPERIAL, SECONDED BY COUNCILWOMAN TRUJILLO that the Minutes of the Regular Meeting of the City Council held on May 10, 1977 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. CITIZEN PARTICIPATION: Mayor Cichy read the part of the Agenda entitled "Of Interest to Citizens Wishing to Participate" A. Esther. Espinoza, President of the Sister City Rosemead- Zapopan Committee, spoke about the different fund raising projects and invited the Council to attend the functions. She commented on the Conference which will be held in Tuscon, Arizona on July 27th thru the 31st. II. PUBLIC HEARINGS A. APPEAL TO CONDITIONAL USE PERMIT 77-112 (V.F.W.) Mayor Cichy asked that all individuals interested in expressing their veiws please stand and be sworn in by the Clerk. Oath was administered by the Clerk. Mayor Cichy stated that the hearing was open and invited those in favor of the Conditional Use Permit to come forward first. CM - x- 5-24-77 0 • Mr. George Earls, 39042 N. Walnut Grove, Rosemead, of Post #1930 stated that he didn't feel that the V.F.W. Lodge would be detrimental to anyone in the neighborhood. Mr. Vincent Navaro, Chaplin of Post #1930, spoke about the good that the V.F.W. does for the community and felt it should be considered.when deciding on the permit that has been granted. Mr. Paul Robert, 7826 E. Graves, South San Gabriel, owner of the building in question, and stated that he hoped that this property would be sold to the V.F.W. and that would be dependent upon the Conditional Use Permit that had been granted.and by the outcome of this appeal. He felt that there is no reason why this building shouldn't be used for the V.F.W. as a meeting place. Councilman Imperial inquired if there were any problems with this property when there was a bar at the property. Mr. Robert stated that there had problems when it was a bar. Mayor Cichy requested those opposed to the,Conditional Use Permit to come forward. Mr. Michael R. Coglan, Attorney representing owners and tenants of the building next door to the proposed V.F.W. Hall, felt that the building as it is used now as a Market is quite acceptable, but as a V.F.W. Hall it would be very disturbing to the tenants of the apartment in the evening when people are trying to sleep. Dr. Perlmutter, owner of.the apartment, 825 Whittaker Rd. Santa Monica, stated that he felt that the V.F.W. Hall would add to his vacancy factor in the apartments that he owns since the activities of the V.F.W. would be held in the evening hours and until midnight.which is late and the noise would be very disturbing to the tenants. Robert Angles, 9147 Valley Blvd., Rosemead, stated that he was an ex-V.F.W. member and he would not want a V.F.W. Hall next to the property where he lived. He felt it should not be in a residential area. Mayor Cichy closed the Public Hearing. MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN IMPERIAL to confirm the approval of the Conditional Use Permit which was granted to the V.F.W. with certain stipulations: that within the period of 1 year the City Manager be directed to submit all police reports of any problems incurred by the V.F.W. to the Council, and to'approvet.the'following changes in Item #16: the word "without" be removed and replaced by 'wafter a" and the words "would" and "perhaps" be replaced by "may". Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The Chair calied::for a ten minute recess at 9:10 p. m. The Council reconvened at 9:25 p. m. B. ZONE CHANGE 77-86 TO CONSIDER ZONE CHANGE FROM P TO M-1 AT 2743 & 2749 WILLARD STREET Lew Sullivan, Planning Director, spoke regarding the proposed zone change and recommended that the change be made from P to M-1. Councilwoman Trujillo stated that she had been approach by neighbors of said property toLhoid this hearing over as they had not be aware of the Hearing tonight. CM - 2 5-24-77 MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN IMPERIAL to defer the Hearing until the next Council Meeting. Vote resulted: AYES: Councilwoman Trujillo and Councilman Imperial. NAPES: Councilmen Hunter, Taylor and Mayor Cichy. Whereupon the Mayor declared the motion was denied. F. Bernard Dennis, 2464 E. Garvey, Rosemead, spoke in favor.of the Zone Change. Mayor Cichy closed the Hearing. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that the Zone Change 77-86 be approved and that the City Attorney be directed to prepare an ordinance for the Zone Change. Vote resulted: AYES: Councilmen Hunter, Imperial, Taylor &..Mayor,,Cichy NAYES: None ABSTAINED:Councilwoman Trujillo Whereupon the Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. ORDINANCE #441. GRANTING AN EXTENSION OF ORD. #430 RELATING" TO SALE OF WINE AND BEER IN SERVICE STATIONS Mr. Tripepi, City Manager, stated that this is the introduction of Ordinance No.441 which will extend Ordinance #430 relating to the sale of beer and wine in Service Stations. MOTION BY COUNCILWOMANS TRUJILLO, SECONDED BY COUNCILMAN IMPERIAL to waive further reading and introduce Ordinance 441. Vote resulted: AYES: Councilwoman Trujillo, Councilmen Imperial, Taylor and Mayor Cichy. NAYES: Councilman Hunter MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY'MAYORIC'i- CICHYIitot,waivee further reading.of6thetOr.dinance No.441. 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 to introduce Ordinance No. 441 relating to the sale of beer and wine in service stations. Vote resulted: AYES: Councilwoman Trujillo, Councilmen Imperial, Taylor and Mayor Cichy. NAYES: Councilman Hunter Whereupon the Mayor declared said motion duly:.carried-and: so ordered. B. ORDINANCE #44,0;:: RELOCATION ORDINANCE/AMENDMENT TO MUNICIPAL CODE . MOTION BY COUNCILWOMAN TRUJILLO, SECONDED'BY COUNCILMAN TAYLOR that Ordinance No. 440 be adopted and that further reading be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. ORDINANCE 442. AMENDING ROSEMEAD MUNICIPAL CODE BY ZONE CHANGE FROM A-1 TO R-1 OF PROPERTY SOUTH- WEST OF INTERSECTION OF POMONA FREEWAY & SAN GABRIEL BOULEVARD, IN THE CITY OF ROSEMEAD (ZONE CHANGE 77-84) MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN HUNTER that Ordinance No.442 be introduced 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 - 3 5-24-77 D. ORDINANCE NO. 443. AMENDING SECTION 2250 OF THE ROSEMEAD MUNICIPAL CODE REGARDING THE ADOPTION OF NEW CONFLICT OF INTEREST CODE. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCIL- WOMAN TRUJILLO that Ordinance No.443 be introduced and thether 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. VI. CONSENT CALENDAR (CC-A, B, C, L, &,M be removed) CC-D SAFER-OFF SYSTEM ROADS DISTRIBUTION OF FUNDS Recommendation: Approvalaofrformula:.for3.distri- bution. CC-E ROSEMEAD LIGHTING DISTRICT-INCLUSION OF ADDITIONAL AREA. Recommendation: Approval of Report & Author- ize City Attorney & Staff to proceed with Annexa___on. tion. CC-F COMMERCIAL -~LOADIN& ZONE- 8953 VALLEY BLVD. Recommendation: Approval of Traffic Engineers Recommendation. CC-G SPEEDTLIMIT REGULATIONS - EARLSWOOD DRIVE Recommendation: Approval of Traffic Engineers recommendation. CC-H ADDITIONAL RED CURB - 2730 DEL MAR AVENUE. Recommendation: Approval of Traffic Engineers recommendation. CC-I SPEED LIMIT REGULATIONS - GRAND AVENUE EAST OF WALNUT GROVE AVENUE. Recommendation::Approval of Traffic Engineers recommendation. CC-J ADDITIONAL RED CURB - MAIL BOX - CORNER-OF GARVEY & EARLE AVENUES. Recommendation: Approval of Traffic Engineers recommendation. CC-K SET PUBLIC HEARING FOR ZONE CHANGE 77-85 FOR MEETING OF JUNE 14, 1977 (FROM C-3 TO R-3) CC-N PAYMENT FOR SLURRY SEAL OF PAVED STREETS IN ROSEMEAD TO ROY ALLAN,CONTRACTOR. Recommend Approval MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN'HUNTER that the foregoing recommendations 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 Resolution No. 77-27. CLAIMS & DEMANDS Councilman Taylor stated that he would like the record to show his vote would be "NO" because of checks no. 24099, 24105, 24200, 24201&24202. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILWOMAN TRUJILLO to Adopt Resolution No. 27, Claims & Demands, and waive the reading in full. Vote resulted: AYES: CouncilmembersrTriu;jillo,;' Imperial, Hunter & Cichy NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN' IMPERIAL to waive further reading in full. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM - 4 5-24-77 ® • MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN HUNTER to approve Resolution No. 77-27. Vote resulted: AYES: Councilmembers Trujillo, Hunter, Imperial and Mayor Cichy. NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. CC-B FIREWORKS STAND LOCATIONS AND WAIVER OF ELECTRIC PERMIT FEES. MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILWOMAN TRUJILLO to approve fireworks stand locations except for•#1 and #11 which will have to be investigated further. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-L ACCOUNTING MACHINE - RESULTS OF BID NOTICE Mr. Carroll, representative of Burroughs Corporation, explained the many advantages of the accounting machine which is being considered, and answered many of the quesmi: tions asked. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILWOMAN TRUJILLO that the Burroughs Corporation's bid be accepted . for an Accounting Machine in the amount of $16,705.00. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. The Mayor called for an executive session at 10:20 p-m. The Council reconvened at 10:300 P. M. C Ed Dilkes, City Attorney, stated that the Council met in Executive Session to discuss eminent domain acquisition of a parcel of land that is owned by the Southern California Water Company. The Council authorized resolution of the matter by paying a maximum of $8,000± for the construction of the by-pass line,and initial appraised offer of $495.. The Council adopted this recommendation unanimously. CC-M ACCEPTANCE OF ROAD DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY. Recommendation: Authorize Mayor to sign and City Clerk to record. eMike Scott, 9143 East Valley, stated that the Southern California Edison Company has accepted $1,190 for the acqui- sition of a 5' strip of San Gabriel Boulevard, and acceptance by the Mayor of-,:the Road Easement and recordation by the Clerk. MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN TAYLOR that the Road Easement be accepted by the Mayor and recordation by the Clerk be authorized. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. .The Mayor declared said motion duly carried and so ordered. 1 CC-C ORDERS OF POSSESSION CHECKS & RESOLUTION NO.77-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING CERTAIN CLAIMS AND DEMANDS FOR DEPOSIT INTO COURT IN EMINENT DOMAIN CASE NO.200629 CM - 5 , 5-24-77 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILWOMAN TRUJILLO that Resolution No. 77-28 be adopted as amended. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion-duly carried and so ordered. V. AGENDA ITEMS REQUIRING COUNCIL DISCUSSION & ACTION A. APPOINTMENT OF PLANNING COMMISSIONER & APPOINTMENT OF RELOCATION APPEALS BOARD MEMBER MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCIL-. MAN TAYLOR that Mervyn Kennedy be appointed as Planning Com- missioner of the City of Rosemead, Vote resulted: AYES: Councilmembers Trujillo, Taylor and Imperial NAPES: Counciman Hunter and Mayor Cichy Whereupon the Mayor declared said motion duly carried and so ordered. APPOINTMENT OF RELOCATION APPEALS BOARD MEMBER MOTION BY COUNCILMAN.IMPERIAL, SECONDED 'BY MAYOR CICHY that Noah Kang be appointed as Relocation Appeals Board Member of the City of Rosemead. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that he had mistakenly voted for Mervyn Kennedy for Planning Commissioner, and requested that his vote be changed to "Abstained" instead of "Yes" for Mr. Kennedy for Planning Commissioner. B. CONSIDERATION OF ENFORCEMENT OF VEHICLE CODE & TRAFFIC REGULATIONS ON PRIVATE PROPERTY & PUBLIC HEARING TO BE SET FOR JUNE 14, 1977 Councilman Taylor wanted to stress that this Ordinance when approved would apply to any privately owned establishment upon request. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that a Public Hearing be set to consider the enforce- ment of the Vehicle Code and Traffic Regulations on private property for June 14, 1977. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. CONSIDERATION OF BIDS FOR ROSEMEAD BEAUTIFICATION MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILWOMAN TRUJILLO that the Low Bid;of Benr.F. Smith, Inc., be accepted with the deletion of Del Mar crosswalks and all east-west sidewalks which would eliminate $28,335.30 in cost,and would then cost $360,623.46. Vote resulted: AYES: Councilmembers Trujillo, Hunter, Imperial;& Cchy. NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILWOMAN TRUJILLO, SECONDED BY COUNCILMAN HUNTER that the Mayor be authorized to execute the Agreement with B. F. Smith, Inc. -,.Vote resulted: AYES: Councilmembers Trujillo, Hunter, Imperial & Cichy NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. CM - 6 5-24-77 D. CONSIDERATION OF MEETING WITH TRAFFIC COMMISSION & RELOCATION APPEALS BOARD MEMBERS. Mayor Cichy stated that on June 23, 1977 at 8:00 p. m., a dinner meeting with the Traffic Commission & the Relocation Appeals Board Members would planned and that the City Administrator be directed to notify individuals involved. There being no objection, it was so ordered. V-A RECONSIDERATION OF VOTE MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER to reconsider a vote made for Planning Commissioner. Vote resulted: AYES: Councilmembers Hunter, Imperial, Taylor & Cichy. NAYES: Councilwoman Trujillo Whereupon the Mayor declared said motionnduly carried and so ordered. REVOTE ON PLANNING COMMISSIONER MOTION BY COUNCILMAN TRUJILLO, SECONDED BY COUNCILMAN TAYLOR to appoint Mervyn Kennedy as Planning Commissioner. Vote resulted: AYES: Councilmembers Trujillo and Taylor NAYES: Councilmen Hunter,aImperial and Mayor Cichy Whereupon the Mayor declared the said motion denied and so ordered. MOTION BY"COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN HUNTER that Pat Cleveland be appointed as Planning Commissioner. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. WRITTEN COMMUNICATIONS A. Mayor Cichy stated that approval of attendance of the City Council to a Mayor's Conference held in Tucson, Arizona in June be authorized. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYORCICHY that the Council and the Administrator be allowed to attend the Mayor's Conference in Tucson, Arizona for June 11 thruhe June 15, 1977. Vote resulted: AYES: Councilmembers Trujillo, Hunter, Imperial and Mayor Cichy NAYES: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. ADJOURNMENT MOTION BY COUNCILMAN HUNTER, SECONDED BY COUNCILMAN TAYLOR to adjourn the Meet ing,-at--I1:OO..p._..m. _.Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Respectfully submitted: City C1 rk APPROVED: CM - 7 5-24-77