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CC - 05-10-77MINUTES OF THE ROSEMEAD CITY COUNCIL APPROVED I MAY 10, 1977 CITY F RO EMEAD DAT ' - 7 A Regular Meeting of the Rosemead City Council was called toI Council Chambers of the Rosemead City Hall, 8836 Valley Boulevard, Rosemead,.California at 8:00 p.m. by Mayor Cichy. The Pledge of Allegiance was led by Councilman Hunter The Invocation was delivered by Reverend Ken Mathis from the Rosemead Church of Christ. ROLL CALL: Present: Cichy, Hunter, Imperial, Taylor, Trujillo Absent: None Ex officio: Burbank, Christianson, Dickey, Fleischman, Tripepi, Sullivan Wycoff, Wallin APPROVAL OF MINUTES: APRIL 12, 1977 - REGULAR MEETING It was moved by Councilman Taylor, second by Councilman Hunter to approve the minutes of April 12, 1977 as printed. Roll Call Vote As Follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None APPROVAL OF MINUTES: APRIL 26, 1977 REGULAR MEETING Councilman Taylor asked that a correction be made: that he had requested a separate vote for the minutes of April 13th due to his absence at that meeting and the minutes should reflect an abstention vote for himself. There being no further corrections, it was moved by Councilman Hunter, second by CouncilvQkaan Trujillo to approve the minutes as corrected. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None CITIZEN PARTICIPATION: Mayor Cichy read the part of the Agenda entitled "Of Interest To Citizens Wishing To Participate". Mayor Cichy stated that at this time Item No. IIID Under LEGISLATIVE MATTERS would be moved to the top of the Agenda. IIID. ORDINANCE 439. AMENDING MUNICIPAL CODE SECTION 9109.5, 9111,5, 9112.5, and 9114.8 ...Outdoor Dispaly (Adoption) City Manager Tripepi presented the Ordinance by title Due to the controversy of Ordinance 439, and in the interest of time Mayor Cichy, on a motion by the Chair selected five opponents and five proponents, and allotted five minutes to each individual to express their 'Views. Council called a five minute recess Council reconvened 8:20 p.m. Oath was administered by the Clerk. OPPONENTS: William Samonian, 8855 Valley Boulevard (Business address): spoke in favor of retention of the fruit stands... Kelly Miller, 6201 Sultana, Temple City Student at Rosemead High - felt the City Council should not deny citizens of a community the`ili ht to'patronize the enterprise they so desire... Page. two Council Minutes May 10, 1977 to Gail Robles, 2445 Muscatel - questioned the possibility of an extension to keep her fruit stand open long enough to relocate to an enclosed structure. Anita Fernandez, 2445 N. Stevens.- member of C.E.S. - Coalition for Economic Survival - Felt the fruit stands were no more unsightly than various commercial businesses on Garvey Avenue. , Lewis Robles - 4242 Rosemead Blvd, (fruit stand address) - Commented that the fruit stands would some day enable him to grow into a larger produce market and spoke in favor of them staying open. PROPONENTS: Mervyn Kennedy, 9139 Marshall - felt it was-an unfair application of law to eliminate existing businesses. Glenn Clanton , 3244 Leyburn Avenue, Rosemead - Felt the Ordinance was written to clean the whole City up, not just be partial to certain segments supported Ordinance as written. Chair called for a recess - Council recessed at 9:00 - reconvened 9:10 p.m. Nikki Hall, 9111 E..Whitmore , Rosemead queried the difference between renting a.lot or renting a building in favor of the Ordinance. Phyllis Tury, 3222 Heglis - spoke in favor of the Ordinance in an attempt to start somewhere to upgrade the City. Robert K. Young.- Owner,carpet company, N/W corner Temple.City Blvd, and Valley - commented that he.moved his business inside in an attempt to cleanup Rosemead. Mayor,Ci0y. closed the public hearing at 9:20 p.m. Discussion by the Council regarding amortization time, if any. City Attorney Wallin commented that in accordance with Section 9121.4(G) of the Rosemead Municipal Code, the'amortization period for non-conforming uses would be three (3) years. Councilwoman Trujillo reflected that if it was the City Attorney's interpretation that the amoritization period for this type of business would be three (3) years that the Council would probably like to have that.opinion.in writing and taking that into consideration; It was moved.by.Councilwoman Trujillo, second by Councilman Imperial and carried to waive further reading and adopt Ordinance 439 Outdoor Display and Storage.. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: .None ABSENT: None Chair called for a ten (10) minute recess Council recessed 9:30 Council reconvened 9:50 p.m. (Continuation of Regular Agenda) I. CITIZEN PARTICIPATION: A. -ORAL COMMUNICATIONS FROM THE'AUDIENCE None , II. PUBLIC HEARINGS:" , A. AMENDMENT TO LAND USE ELEMENT OF THE GENERAL PLAN Page three Council minutes May 10, 1977 M.-Yor Cichy opened the public hearing at 9:55 and it closed accordingly. Discussion by the Council. It was moved by Councilman Taylor, second by Councilwoman Trujillo to instruct the City Attorney to prepare a Resolution amending the Land Use Element of the General Plan for that area bounded on the north by Valley Boulevard, on the south by Guess Street, west by Rosemead Boulevard, and on the east by Ellis Lane/Temple City Boulevard, and approve the Negative Declaration. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None B. AMENDMENT TO MUNICIPAL CODE/RELOCATION ORDINANCE - ORDINANCE 440 Mayor Cichy opened the public hearing at 10:00 and it closed accordingly. It waT, moved by Councilman Taylor, second by Councilman Imperial to approve the Negative Declaration. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None City Attorney Wallin read the Ordinance 440 by title AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING THE ZONING ORDINANCE AND AMENDING THE ROSEMEAD MUNICIPAL CODE. It was moved by Councilman Taylor, second by Councilwoman Trujillo to waive further reading and introduce. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None C. ZONE CIANGE FOR TRACT 31238 City Manager Tripepi presented the Zone Change to the Council. Mayor Cichy opened the public hearing at 10:03, and it closed accordingly. It was moved by Councilman Taylor, second by Councilwoman Trujillo to approve Zone Change 77-84, for Tract 31238, and direct the City Attorney to prepare the necessary Ordinance. ROLL CALL VOTE: Ayr-3: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None D. EXTENSION OF ORDINANCE 430/ MORATORIUM ON SALE OF ALCOHOLIC BEVERAGES IN SERVICE STATIONS . Mayor Cichy opened the public hearing at 10:05 and it closed accordingly. City Attorney Wallin:: read the Ordinance by title. It was moved by Councilwoman Trujillo, second by Councilman Imperial to waive further reading. 0 Page four Council Minutes May 10, 1977 ROLL CALL VOTE: AYES: Cichy, Imperial, Taylor, Trujillo NOES: Hunter ABSENT: None '0 City Attorney Wallin read the Ordinance in its entirity. As the Ordinance read the the City Attorney did not coincide with Ordinance 430 provided to Council, it was moved to defer this matter to the next meeting. No objections.... III. LEGISLATIVE: A. ORDINANCE 434. ADOPTING BUSINESS LICENSE ORDINANCE BY REFERENCE City Manager read the Ordinance by title. AN ORDINANCE OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE ORDINANCE NO. 5860 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE REGULATING AND LICENSING BUSINESSES IN THE UNINCORPORATE: AREA OF THE COUNTY OF LOS ANGELES" AND AMENDING THE ROSEMEAD MUNICIPAL CODE. It was moved by Councilman Hunter, second by Councilwoman Trujillo to waive further reading and adopt. ROLL CALL VOTE: AYES: Cichy, Imperial, Huntex,Trujillo NOES: Taylor ABSENT: None It was coved by Councilman Cichy, second by Councilman Imperial to waive further reading. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial,Taylor, Trujillo NOES: None ABSENT: None it was moved by Councilwoman Trujillo, second by Councilman Imperial to adopt Ordinance 434. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial,Trujillo NOES: Taylor ABSENT: None B. ORDINANCE 437. AMENDING SECTION 9121.24 OF THE ROSEMEAD MUNICIPAL CODE City Manager Tripepi presented the Ordinance by title. ORDINANCE NO. 437. AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD SECTION 9121.24. It was moved by Councilwoman Trujillo, second by Councilman Imperial to waive further reading and adopt. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None Page five Council minutes May 10, 1977 C. ORDINANCE 438. ADDING SUBSECTION 28 TO SECTION 9181.1 - LODGE HALLS IN the P.O. Zone. City Manager Tripepi presented the Ordinance by title. ORDINANCE NO. 438. AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 9181.1 OF THE ROSF14M MUNICIPAL CODE. It was moved by Councilwoman Trujillo, second by Councilman Hunter to waive further reading and adopt. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Trujillo, Taylor NOES: None ABSENT: None IV. CONSENT CALENDAR: CC-B 2) was removed for discussion CC-A Resolution 77-24. CLAIMS AND DEMANDS Recomm: Waive Reading and Adopt CC-B APPROVAL OF REVENUE SHARING AGREEMENTS 1) Senior Citizens' Agreements CC-C CLERKS" REPORT TO COUNCIL ON RECEIPT OF ECONOMIC INTERESTS STATEMENTS Recomm: Receive Report & Direct Filing of Reports CC-D APPROVAL OF TENTATIVE TRACT 33478 Recomm: Approve Map & approve Negative Declaration pursuant to recommendation of the Planning Commission. CC-E SET PUBLIC HEARINGS FOR THE MEETING OF MAY 24, 1977 1) APPEAL TO PLANNING COMMISSION DECISION ON CONDITIONAL USE PER11IT 77-112 2) ZONE CHANGE CASE NO. 77-86 It was moved by Councilman Taylor, second by Councilman Imperial to approve the foregoing recommendations on the Consent Calendar. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Trujillo, Taylor NOES: None ABSENT: None CC-B2 APPROVAL OF REVENUE SHARING AGREEMENTS - ROSEMEAD REBELS Discussion It was moved by Councilwoman Trujillo, second by Councilman Hunter to approve the revenue sharing agreement for the Rosemead Rebels. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None V. AGENDA ITEMS REQUIRING COUNCIL DISCUSSION & ACTION: A. ACCEPTANCE OF QUITCLAIM DEED/REAL PROPERTY/.ADJACENT TO GARVEY PARK It was moved by Councilwoman Trujillo, second by Councilman Imperial to accept the conveyance of property at no cost to the City. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Trujillo, Taylor NOES: None ABSENT: None B. CONSIDERATION OF PARTICIPATION IN WEST SAN GABIREL VALLEY BURGLARY INVESTIGATION TEAM. Page six Council minutes May 10, 1977 City Manager Tripepi presented the Resolution by title. RESOLUTION 77-25. A RESOLUTION OF THE CITY OF ROSEMEAD AUTHORIZING AND APPROVING PARTICIPATION IN THE PROJECT ENTITLED WEST SAN GABRIEL VALLEY BURGLARY INVESTIGATION UNIT. It was moved by Councilwoman Trujillo, second by Councilman Imperial to waive further reading and adopt. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None C. APPOINTMENT OF PLANNING COMMISSIONER OR DIRECTION TO POST VACANCY - DIRECTION TO POST VACANCY FOR RELOCATION APPEALS BOARD MEMBER It was moved by Councilwoman Trujillo to reappoint Mr. Cianciola to the position of Planning.Commissioner, second by Councilman Taylor. ROLL CALL VOTE: AYES: Taylor, Trujillo NOES: Hunter, Cichy, Imperial ABSENT: None The position for Planning Commissioner will be posted in accordance with law. Councilman Imperial nominated Mr. Bill Cloide, for the position of Relocation Appeal Board Member, it was seconded by Councilman Hunter. ROLL CALL VOTE: AYES: Hunter, NOES: Cichy ABSENT: None ABSTAIN: Taylor Imperial, Trujillo City Attorney Wallin stated that the foregoing action was not in compliance with the Maddy Act which.requires posting. Council directed the'City manager to post this vacancy along with the vacancy for the Planning Commission. The foregoing motion was recinded. Applications will be considered at the next regular Council meeting. D. CONSIDERATION OF MEETING WITH TRAFFIC COMMISSION AND RELOCATION APPEALS BOARD. Deferred to next meeting. VI. COMMUNICATIONS: A. WRITTEN CORRESPONDENCE - 1) John Messer - re; Zoning Violation at 2502 North Strathmore City Manager Tripepi stated that District Attorney has granted an extension to cease the illegal business, until June 30, 1977. No action necessary. Page seven Council minutes May 10, 1977 I-~ L B. MATTERS FROM CITY OFFICIALS Mayor. Pro Tem Imperial: 1) SENATE BILL 875 Councilman Imperial asked the City Council to consider a Resolution in support of SB 875. Discussion by Council as to intention of Bill... recommendation to contact newly appointed Legislative Advocate to supply more information on Senate Bill 875. Deferred to next meeting. Mayor Cichy: 1) RE:-LETTER FROM SUPERVISOR SCHABARUM BICYCLE TRAIL - Consideration of allocating $2800 of the 1978 SB821,Funds It was moved by Councilwoman Trujillo, second by Councilman Imperial to approve the allocation of $2800' for the portion of the bikeway that traverses Rosemead. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 2) Letter dated may 3, 1977 from Bienvenidos re: use of van for Senior Citizens , and increase in insurance premium in the amount of $100 to name the City of Rosemead as co-insured. It was moved by Councilman Imperial, second by Councilman Taylor to allocate $100 for the increase in the insurance premium. ROLL CALL VOTE: AYES: Cichy, Hunter, Imperial, Taylor NOES: None ABSENT: None ABSTAIN: Trujillo Councilwoman Trujillo commented that on the direction of the City Attorney that on any allocation of funds to Bienvenidos Citizen's Center that she has to abstain due to the fact that her son is employed by them. 3) PRESS RELEASE - From Bienveidos dated for release May 24, 1977 re: Omar Devon's film "The Last Challange" - funds to go to Youth Diversion Program. Council called a recess at 10:35 reconvened 10:45 p.m. Mayor Pro Tem Imperial : Request for meeting: Councilman Imperial presented a letter from Midvalley Manpower Consortium Director Sergio Cabanillas re: audit of Bienvenidos Citizen Center. Meeting was scheduled subsequent to the next regularly scheduled Agency meeting on May 23, 1977. No objections.... Page eight Council minutes May 10, 1977 VII. CITIZEN PARTICIPATION A. REQUESTS TO ADDRESS THE COUNCIL Robert T. Ritchie, 9355 Glendon Way, Rosemead re: Nominating Procedures - Mr. Ritchie suggested the Council consider a more random manner for nominations - in an attempt to be more fair. Council concurred... VIII. ADJOURNMENT It was moved by Councilman Hunter, second by Councilman Imperial to Adjourn. Motion carried.... Mayor Cichy adjourned the meeting at 11:00 p.m. CITY CLERK MAYOR OF THE CITY OF ROSEMEAD