Loading...
CC - 12-14-76APPROVED MIPRITES OF THE ROSEMEAD CITY COUNCIL CITY OF O F.IMEAD DECEMBER 14, 1976 DATE GALL TO ORDER - 8:00 P.M. 13Y A Regular Meeting of the Rosemead City Council was held in the Council Chambers of the Rosemead City Hall, 8838 E. Valley Blvd., Rosemead, California and called to order by Mayor Pro Tem Taylor. 1 PLEDGE: The Pledge of Allegiance was led by Mayor pro tem Taylor INVOCATION: Delivered by Reverend Ken Mathis of the Rosemead Church of Christ ROLL CALL: Present: Cichy, Hunter, Imperial, Taylor Absent: Trujillo (arrived later in the meeting) Ex officio: Dickey, Dilkes, Burbank, Fleischman, Foutz, Sullivan, Tripepi, Young APPROVAL OF MINUTES: NOVDIBER 23, 1976 - ADJOURNED REGULAR MEETING NOVEMBER 23, 1976 - REGULAR MEETING It was moved by Councilman Hunter, second by Councilman Imperial to approve the minutes of November 23, 1976 - Regular and Adjourned Regular as written... AYES: Cichy, Hunter, Imperial, Taylor NOES: None ABSENT: Trujillo (excused) The Public Hearings were deferred until after the Citizen Participation CITIZEN PARTICIPATION 1. PRESENTATIONS: A. ROSEMEAD BOYS' CLUB President, Maria Avilla introduced Board Members of the Rosemead Boys' Club and a Representative of the National Organization of Boys' Clubs of America presented Rosemead with a Framed Special Award dated December 14, 1976 and signed by President Gerald Ford, Honorary Chairman of the Board in recognization of 1976 grant by the City of Rosemead-The award states that the Boys' Club of Rosemead will qualify for a National Charter in 1977. Pictures were Taken... B. ROSEMEAD SI4IM TEAM - TEAM PLAQUE.. President of the Booster Club, Earl LeSuer - presented the City with a beautiful picture plaque from the Rosemead Swim Team in appreciation of the City's support this past year. Pictures were Taken... PUBLIC REARINGS: 1) LAND USE ELEMENT Director of Planning Sullivan presented the factual data Mayor pro tem Taylor requested anyone wishing to address the Council to please stand and be sworn. There were none.. The Public Hearing was opened at 8:17 P.M. No one respondedand it closed immediately. NEGATIVE DECLARATION: AI4ENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE AREA BOUND BY SAN GABRIEL BLVD. ON THE EAST, LA MERCED ROAD ON THE NORTH, POTRERO GRANDE DRIVE ON THE SOUTH AND ROSEMEAD CITY LIMITS Otd THE WEST It was moved by Councilman Cichy, second by Councilman Imperial to approve the Negative Declaration for Amendment to the Land Use Element of the General Plan. Roll Call Vote as follows: AYES: Cichy, Punter, Imperial, Taylor NOES: None ABSENT: Trujillo (excused) Page Two Council Minutes 12/14/76 RESOLUTION 76-81. Attorney Dilkes read Resolution 76-81 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE AREA BOUNDED BY SAN GABRIEL BLVD. ON THE EAST, LA MERCED ROAD ON THE NORTH, POTRERO GRANDE DRIVE ON THE SOUTH, AND-THE ROSEMEAD CITY LIMITS ON THE WEST. It was moved by Councilman Cichy, second by Councilman Hunter to waive,further reading and Adopt Resolution 76-81. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor NOES: None ABSENT: Trujillo 2) PREANNEXATION ZONE CHANGE CASE NO. 78 (ANNEX. AREA 45) Director of Planning Sullivan presented the factual data... Mayor pro tem Taylor requested anyone wishing to address the Council to please stand and be sworn. Clerk Young administered the Oath. The Hearing was Opened at 8:20 P.M. Mr. Chris Hershey, 1032 N..Walnut Grove Ave., Rosemead addressed the Council regarding the comparitive tax rates for 6423 (County) and 6439 (City)-and traffic related problems. The Hearing was closed at 8:25 P.M. Mayor Trujillo arrived at 8:32 P.M. (MO) It was moved by Mayor Trujillo, second by Councilman Cichy to.approve the Negative Declaration for Annexation 45 (Zone Change 78) and to instruct the City Attorney to prepare the required Ordinance. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None The Meeting Recessed at 8:34 P.M. The Meeting Reconvened at 8:45 P.M. 3) PREANNEXATION ZONE CHANGE CAS NO. 79 (ANNEX. AREA 46) , Planning Director Sullivan presented the factual data.. Mayor Trujillo requested anyone wishing to address the Council to please stand and be sworn. There were none. The Hearing Opened at 8:47 P.M. No One responded and it closed immediately. (MO) It was moved by Mayor pro tem Taylor, second by Councilman Imperial to approve the Negative Declaration for Annexation 46 (Zone Change 79) and to instruct the City Attorney to prepare the required Ordinance. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None Page Three Council Minutes Dec. 14, 1976 CITIZEN PARTICIPATION CONTINUED... 2) WRITTEN REQUESTS TO ADDRESS THE COUNCIL (Requests Received for Agenda Packet only) A. JIM GOSS James Goss, 7919 Beatrice Place, Rosemead addressed the Council requesting action directing staff to proceed with installation of street improvements in front of his home at 8919 Beatrice Place and at the home of his neighbor at 8929 Beatrice Place. He stated that deposits are on file with the City ($450.00 for 8919 6 $510.90 for 8929) and requested that there be no further charge for the improvements. Also that necessary dedications for the two properties have.been made. Discussion followed regarding existing improvements and lack of dedication for 'at least one other property on the street... It was moved by Mayor pro tem Taylor, second by Councilman Hunterto direct the City Manager to proceed with street improvements on the north side of'Beatrice Place under the 1911 Street Improvement Act (Chapter 27); to return this directive to Council if there seems to be excessive burden or legal complications to the remaining property owners; and to assess property owners at 8919 (James Goss) and 8929 (Jim Reynolds) only that amount that is currently on deposit with the City. ( Councilman Hunter withdrew'his second and. Roll Call Vote as follows: Councilman Cichy seconded the motion) AYES: Cichy, Hunter, Imperial, Taylor NOES: Trujillo ABSENT: None Staff was instructed to order setting of grade stakes as soon as possible to allow Mr. Goss to proceed with construction on private property." ' 3) ORAL COMMUNICATIONS FROM THE AUDIENCE (Limited to 5 persons for 2 minutes each) Mr. Loren Rightmeier, 8724 Valley Blvd., Rosemead addressed the Council regarding Animal Control in the City.- specifically with problems on Valley Blvd:.. Assistant City Manager Dickey advised Mr. Rightmeier that the City will have areas of concentration with the Pound starting December 16th..and that they would be' notified-c4 this complaint. Staff to provide update regarding Contract Cities study on Animal Control... LEGISLATIVE 1. ORDINANCE 425. ESTABLISHING LICENSE PROCEDURES AND REGULATIONS FOR BINGO Attorney Dilkes read Ordinance NO. 425 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING LICENSE PROCEDURES AND REGULATIONS FOR THE CONDUCT OF BINGO GAMES. It was moved by Mayor pro tem Taylor, second by Councilman Imperial to waive further reading and adopt Ordinance 425. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None i • Page Four Council Minutes Dec. 14, 1976 • CONSENT CALENDAR: CC-1, 3, 4, 7, & 9 were removed for discussion CC-2 RESOLUTION 76-82. CLAIMS AND DEMANDS Recomm: Waive Reading and Adopt CC-5 TRACT 27746/APPROVE DRAINAGE FACILITIES & RELEASE OF FAITHFUL PERFORMANCE BOND' Recomm: Concur with Recommendations by Acting County Engineer.Letter of 11/15/76 CC-6 FEDERAL GRANT FOR ANTI-RECESSION FISCAL ASSISTANCE Recomm: Accept Grant & Appropriate $28,926 for Public Safety-Law Enforcement CC-8 TERMINATION OF FRANCHISE AGREEMENT WITH TELE-COMMUNICATIONS, INC. Recomm: Terminate Contract & Release $10,000 to Tele-Communications, Inc. CC-10 AMENDMENT TO JOINT POWERS AGREEMENT/JUVENILE DIVERSION PROJECT Recomm:, Approve Amendment & Authorize Delegate Cichy:to Execute, CC-11 PROPOSAL FOR ORDINANCE ANALYSIS/ROSEMEAD MUNICIPAL CODE Recomm: Accept Proposal & Authorize $1,000 expenditure as budgeted (1261) CC-12 SET PUBLIC HEARINGS FOR ZONE CHANGE HEARINGS/JANUARY 11, 1976 Recomm: Set Hearings as Requested It was moved by Councilman Imperial, seconded by Mayor pro tem Taylor to.concur in the recommendations on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, ]hinter, Imperial, Taylor, Trujillo NOES: None ABSENT: None CC-1 RESOLUTION 76-83. CLAIMS AND DEMANDS Recomm: Waive Reading and Adopt Mayor pro tem Taylor requested clarification of legality and policy on dinner }neeting expenditures; and Sister City expenses were noted with an accounting requested. It was moved by Councilman Cichy, second by Councilman Imperial to waive further reading and adopt Resolution 76-33. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: Taylor ABSENT: None CC-3 ACCEPTANCE OF BIDS - SALE OF IVAR PROPERTIES Recomm: Accept Bids & Authorize Staff to Complete Sale Pursuant to Specifications Mr. James Duggan, 9450 Ralph, Rosemead - the successful bidder on two properites addressed the council in behalf of she and her husband and asked the possibility of the City having renters vacate the property before it goes into escrow. She stated that the tenants had not allowed them to inspect the property. Attorney Dilkes will research the question of vacation of the property and assured Mrs. Duggan that the City would assist in their right to inspect the property." It was moved by Councilman Imperial, second by Councilman Cichy to approve the recommendation on the Consent Calendar for CC-3. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial; Taylor, Trujillo NOES: None ABSENT: None Page Five Council Minutes Dec. 14, 1976 CC-4 PARCEL 14AP NO. 6695/APPROVE IIAP & ACCEPT DEDICATIONS Recomm: Concur with Recommendation 1-4 by Acting City Engineer/Letter of 11/23/76 Lack of attachment of map.... question on location of dedication clarified It was moved by Councilman Imperial, second by Councilman Hunter to approve the recommendation on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES.: None ABSENT: None CC-7. REQUEST FOR ADDITIONAL APPROPRIATION/SISTER CITY COMMITTEE Recomma Approve Request for Additional Budget Appropriation Council stated a desire for an accounting of the funds given-the Sister City Committee and requested a Projected Budget next fiscal year. It was moved by Councilman Imperial, second by Councilman Cichy.to concur in,the recommendation on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, Imperial, Trujillo NOES: Hunter, Taylor ABSENT: None CC-9 AGREEMENT FOR STREET SWEEPING SERVICES Recomm: Approve Agreement & Authorize Mayor to Execute This item pulled by Mayor pro tem Taylor due to previous question relative to low bidder.. It was moved by Councilman Cichy, second by Councilman Hunter to approve the recommendation on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: Taylor ABSENT: None AGENDA ITEMS REQUIRING COUNCIL DISCUSSION & ACTION: 1. CONSIDERATION OF COMPLETED APPRAISAL REPORTS /SAN GABRIEL BLVD. RIGHT-OF-WAY ACQUISITION Deferred to future meeting... 2. CONSIDERATION OF LETTER FROM ECONOMIC DEVELOPMENT COMMITTEE Mayor pro tem Taylor questioned #5 and #8 of the letter dated November 4, 1976.'.He suggested a sentence following #8 to say: with the exception that a'regular monthly meeting will be held and a review will be held of topics discussed since the last monthly meeting. Mayor Trujillo expressed thoughts of some members of the EDC Committee that there should be two Council Members on the Committee and that they would prefer no tape recorders at the meetings. Attorney Dilkes stated that he would respond to these thoughts and to that of ito regular meetings - expressing possibility of a problem with requirements of the Brown Act... Mayor Trujillo asked that a letter be drafted to the Economic Development Committee relative to discussion by the Council. Page Six Council Minutes Dec. 14, 1976 3. APPOINTMENT OF REPRESENTATIVE & ALTERNATE FOR SAN GABRIEL VALLEY ASSPI. OF CITIES Councilman Cichy nominated Councilman Hunter as the Delegate and Councilman Imperial as the Alternate to this Organization. Mayor Trujillo asked for further nominations..There being none; It was moved by Councilman Cichy, second by Councilman Taylor to ratify the foregoing appointments. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES; None ABSENT: None 4. APPOINTMENT OF HUMAN RESOURCES CONMISSIONER (to fulfill term of Mr. Genovese to July, 1977) Deferred to Next Agenda 5. CONSIDERATION OF APPOINTMENTS TO DINSMOOR HERITAGE HOUSE COMMITTEE/LETTER DATED 11/16/76 Mayor Trujillo presented the letter recommendation to Council that Helen HasBrouck & Phyllis Tury be appointed as members of the Dinsmoor Heritage House Committee. It was moved by Mayor pro tem Taylor, second by Councilman Hunter to approve the appointments as suggested. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 6. CONSIDERATION OF DATE FOR REVENUE SHARING HEARINGS Council agreed on a Public Hearing relative to Revenue Sharing for THURSDAY, JANUARY 27, 1977 AT THE ROSEMEAD COMMUNITY CENTER, 3936 Muscatel Avenue, Rosemead. To be publicized in Newsletter and Newspapers... The Meeting Recessed at 10:22 P.M The Meeting Reconvened at 10:28 P.M. COMMUNICATIONS: A. WRITTEN CORRESPONDENCE 1) CALIFORNIA CONTRACT CITIES ASSN/NOTICE OF DECE14BER MEETING-Received City Clerk Young advised the Council that the Contract Cities has a new policy that any reservations made and not kept will be billed to the City... B. MATTERS FROM CITY OFFICIALS Mayor pro tem Taylor: 1) Requested information on the action taken at the National Uza.~ ~ of Cities }uaaayalw.c•~ e Meeting regarding decriminalization of 7 2) Asked about a fatal accident in the City.. Staff to obtain information for Council 3) Asked about the Resolution passed by Council (76-43) relative to information on property tax'-diversion by Redevelopment Agencies. City Manager Tripepi advised Council that the Board of Supervisors was to have that item on the Agenda today. Page Seven Council Minutes Dec. 14, 1976 4. Asked about a plaque for former Planning Director Sonju. Staff advised that the plaque is ready and will be presented as soon as possible... 5) Asked why work on General Plan Revision was stopped-referring to the 3 revisions and 3 firms contacted... Requested update from staff. Mayor Trujillo: 1) Presented the Special Notice of the Annual Legislative Conference to be held in Sacramento on January 19-20, 1977. It was moved by Councilman Imperial, Second by Councilman Cichy to authorize the City Council and City Manager to attend the conference. Roll Call Vote as follows: AYES! Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None C. ORAL COMMUNICATIONS FROM THE AUDIENCE Mr. Mervin Kennedy, 9139 Marshall, Rosemead addressed the Council commending them for their work this past year and wishing everyone a Merry Christmas and Happy New Year. ADJOURNMENT It was moved by Mayor pro tem Taylor,second by Councilman Imperial to adjourn to Thursday, December 16, 1976 at the T & J Restaurant at 6:30 P.M. for a Joint Dinner Meeting with the Rosemead Planning Commission. Unanimously Carried... Meeting Adjourned at 10:45 P.M. MAYOR'OF THE CITY F ROSE SAD AITR OVED CITY OF O EMEAD DAT ' P3Y t , J _ p Page Three Council I-:inutes Dec. 14, 1976 APPROVED CITIZEN PARTICIPATION CONTINUED... CITY OF ROS~MEAD FtY WRITTEN REQUESTS TO ADDRESS THE COUNCIL (Requests Received for Agenda Packet only) A. JI.M. GOSS James Goss, 7919 Beatrice Place, Rosemead addressed the Council requesting action directing staff to proceed with installation of street improvements in front of his home at 8919 Beatrice Place and at the home of his neighbor at 8929 Beatrice Place. He stated that deposits are on file with the City ($450.00 for 8919 & $510.90 for 8929) and requested that there be no further charge for the improvements. Also that necessary dedications for the two properties have been made. Discussion followed regarding existing improvements and lack of dedication for'at least one other property on the street... It was moved by Mayor pro tem Taylor, second by Councilman Hunterto direct the, City Manager to proceed with street improvements on the north side of Beatrice Place under the 1911 Street Improvement Act (Chapter 27); to return this directive to Council if there seems to be excessive burden or legal complications to the remaining property owners; and to assess property owners at 8919 (James Goss) and 8929 (Jim Reynolds) only that amount that is currently on deposit with the City. ( Councilman Punter withdrew his second and Roll Call Vote as follows: Councilman Cichy seconded the motion) AYES: Cichy, Hunter, Imperial, Taylor NOES: Trujillo ABSENT: None Staff was instructed to order setting of grade stakes as soon as possible to allow Mr. Goss to proceed with construction on private property. 3) ORAL COt4MUNICATIONS FROM THE AUDIENCE (Limited to 5 persons for 2 ninutes each) Mr. Loren Rightmeier, 8724 Valley Blvd., Rosemead addressed the Council regarding Animal Control in the City - specifically with problems on Valley Blvd... Assistant City Manager Dickey advised Mr. Rightmeier that the City will have areas of concentration with the Pound starting December 16th..and that they would be notified.df this complaint. Staff to provide update regarding Contract Cities study on Animal Control... LEGISLATIVE 1. ORDINANCE 425. ESTABLISHING LICENSE PROCEDURES AND REGULATIONS FOR BINGO Attorney Dilkes read Ordinance 140. 425 by_title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING LICENSE PROCEDURES AND REGULATIONS FOR THE CONDUCT OF BINGO GAMES. It was moved by Mayor pro ten Taylor, second by Councilman Imperial to waive further reading and adopt Ordinance 425. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None EXHIBIT "A" CITY COUNCIL MINUTES OF DECEMBER 14, 1976 0 Item..Page three 2) A. verbatim... 2) WRITTEN REQUESTS TO ADDRESS THE COUNCIL (Requests Received for Agenda Packet only) A. JIM GOSS Mayor: We have a written request to address the Council from Jim Goss... Will you identify yourself for the record please. Mr. Goss: James Goss, 8919 Beatrice Place, Rosemead... Madame Mayor and Members of the City Council..I have come tnight to ask you to order the City Manager to cause the construction of curb, gutters , and paveout to begin at 8919 and 8929 Beatrice Place, Rosemead. The reason so being that in July of 1973 I applied for a permit to relocate a house at that property - 8919 Beatrice Place - Permission to relocate the property was granted in August of 1973 and the work was begun immediately. During the months of August through October of 1973 I had several discussions with the Director of Planning..Marshall Miller and the City Manager..Leland Gunn as how I might best approach the situation of installing a driveway, curbs and gutters for my property. After discussion several plans I was asked to approach my neighbor duly south of me and ask if she would dedicate land for a cul-de-sac street - and for her own personal reasons she declined to do this. I then discussed the matter again with Mr. Gunn and Mr. Miller about putting in these improvements on my own - but I was concerned about the fact that I didn't want to put in curbs..then have them end up higher or lower than those the City might put in if they ever finished up the street. It was at this point that Mr. Gunn communicated to me that my neighbor to the east of me - Mr. James Reynolds - was the only one on the street who did not have these improvements in..and then stated that if I would get Mr. Reynolds to put up a deposit for curbs and gutters that they would install mine at the same time. I did this...I went to Mr.Reynolds.•.discussed the situation with him and he agreed. I put up my deposit..$376.00 on December, 1973 for curbs, gutters, and two driveway approaches. Mr. Reynolds put up his deposit several weeks later. Then all progress stopped. I had several conversations with Mr. Tripepi, Assistant City Manager Keith Durham, in which I was told as soon as the City Contractor was in the area they would begin to do my work at that time. Nothing happened. More discussion ensued. Finally in May of 1975 they.. I came in and they said the price had gone up and I would have to pay an additional $74.00. I paid the additional $74.00. Again, nothing happened. Then they told me I needed to pay fees for a permit... and then they would do it. I paid the fees for the permit in May, 1975..the County came out drew the plans..and once more all the work stopped. I began discussing it again with Mr. Durham..he then said that I would have to deed the land to the City and then they would complete the work. Well, Mr. Durham quit and then nothing happened again. I began talking again with Mr. Tripepi and the present Assistant City Manager Mr. Bob Dickey. They indicated that I would need to deed the property to the City. I did this in October of 1976. After that discussion, now as of this date nothing has been done and the City Managementzhasr'indicatedathatthey can do nothing about it..that these curbs and gutters could not be put in unless they are directed to do so by the City Council. Yet in the three years past..many other curb and gutters and paveouts in the City have been completed. During th6setthree years Mr. Reynolds and I have worked on our property..we have improved them considerably..we are ready to finish out the fine grading of our properties and yards and we feel like make at least great improvements in this area. But I would like to review the arguments that have been given to me in these three years. Number l..the argument was - it is because I was on private property. Now they knew that my property was private property..that it was not deeded to the City yet when they asked me to approach my neighbor about dedicating. They also knew that when they asked me to approach Mr. Reynolds.. and it is not until three years later that they have ever mentioned the fact to me about it being on private property. The second arguments is that it will be done when the contractor is in the City doing others. As a matter of record from the assessment files.:-..this City has caused at least 114 more properties to have curbs, gutters, and paveouts and sidewalks in some instances to be installed since that time. I am not talking about people who took out permits..but I am talking about people that the City has assessed. It is also interesting to me that in one of these cases there was only one property involved-that i7asa9446 east Valley.. Yet I was told it wasn't feasible to bring a contractor in to just do two properties. The third argument was that the cost has gone up..Yet in August of this year, 1976.. Charles Wine(?) was assessed for a 60 foot frontage lot at 7527 Garvalia, a total of $267.60, for curbs, gutters, and paveouts. Charles Corbin, next door - was assessed for a 60 foot wide lot at 7535 Garvalia Ave. $269.22. My deposit with the City for three years is $450.00 for a 60 foot frontage. Page Two 'Council Minutes Verbatin of Pg. • 3..2)A. JIM GOSS • Exhibit "A" Page two That is $191.00 more than these people have been assessed for the same amount of frontage. Now-The latest questionasked me by the City Management is would I pay the increased cost? This is very very unjust. JNow I have a copy of aletter here that was signed by Leland Gunn and was was sent to the residents of the Garvalia Jackson area-and I would like to quote from it..It says the City will absorb the cost ofroadway construction, design, staking project coordination and administration while the residents will be assessed the cost of curb, gutter, sidewalks, and driveway approaches. Endaof quote.. I have a list of those 21 homeowners and what their assessments were in August of 1976. The largest was $593.00.. Four of them were only $36.79. One lot - 70 feet wide..10 feet wider than my lot..was only assessed at $296.80..nearly $200.00 less than I have on deposit. Further..I have a copy of a letter and it was put out by the Public Works Dept... and I would like to quote from that..It says, please note that the City pays all legal advertising, engineering, inspection, and paveout costs plus any necessary grading. Now that letter was put out January,1171974 and was sent to 16 property owners along Rosemead Blvd. This letter from the public works Dept. went out to these homes and they had these improvements put in..Those assessments ranged from $68.00 to $632.00. Now in this assessment..No. 469..William Paul was assessed only $368.00 for 62 Foot of frontage at 3925 Rosemead Blvd. Now that is about $100 less than I have had on deposit for three years. The list is seemingly endless. I have here a copy of the Rosemead Independent dated September 8, 1976-the lead article says curb and gutter assessments approved at City'CouncilMeeting. And the aritcle notes that about 70 property owners were affected. And surely Mr. Reynolds and I are as much a part of Rosemead as those mentioned.in this article. Inasmuchhas this letter of March 15, 1974 from Leland Gunn..and this letter from the Public Works department ici Januaty,,offl9.74vackriowledges the City Policy of doing the engineering, grading,.staking, and paveouts when curb and gutter is installed and inasmuch as I had personally had a very clear understanding with Leland Gunn that if I could get Mr. Reynolds to put up the deposit to have these done-and inasmuch as 1976 assessments are in larger pieces of property and have been nearly $200.00 less than the amount I have on deposit for three years and inasmuch as I- have made a deposit, paid an increase, paid the permit fee, dedicated the necessary land to the City - and Mr. Reynolds has always been on a dedicated-his property has always been on ,a dedicated part of the street..I would like to ask that you order the City Manager to cause this construction to begin immediately and that we have no other assessments other than those monies that are now on deposit with the City. And I thank you very much..I will be glad to answer any questions. Mayor Trujillo: Yes, I would like to ask you a couple of questions. It is my understanding that the rest of the street is not curbed and guttered. Mr. Goss: All the rest of it is.. Mayor Trujillo- It is all curbed and guttered? Mr. Goss: Yes..except for Mr. Reynolds and my property.. Mayor pro tem Taylor: I have a question-Mr. Reynolds and your property. You mentioned the lady due south of you. Mr. Goss: That is on private property.. Co. Taylor: O.K... but there is no curb and gutter there.. Mr. Goss: No there isn't.. Co. Taylor: I was down there Sunday and there are 15 or 16 homes on.the street-both sides to the corner lot. And from what I can see..I'm not sure the number of the number of houses on your property or your neighbors there but there was what appeared to be four houses on the end of the street. Mr. Goss: There are three. I' Page Three 12%14/76 Council Minutes Verbatim of Pg. 3 2)A JIM GOSS • Exhibit A Page 3 Co. Taylor: And all of the other curb and gutter is in and I have to agree with what Reverend Goss has stated..I couldn't dispute any of the facts because I think everything you have said that I'm aware of is correct. The City does pay for the paveouts, the paving the grading.. In this proposal here..those are included in the price.that they are asking you to absorb. I would be wholeheartedly in support of going ahead with this improvement. There has been a lot of talk about curb and gutter work..for and against-This is a case where the street right now is already 75-80% improved so the City has to pay a little bit more because of the move-on. I think it is just a fact of reality that this is a case where they can't make it pay by havingrmore..say 15-20 or 50 residents to split the cost. And the City for this particular property should absorb the $2,000..which they would absorb most of it anyway. So if there is no other discussion on it I would like to make the motion that we go ahead and direct the City Manager to direct these improvements installed. Co. Hunter: I second that Madame Mayor.. Mayor Trujillo: Is there any other discussion? Co. Imperial: I can certainly agree with the Reverend Goss that he has had a problem in this instance. I would like to ask one question before I continue with my short dissertation-Out of all this research you did Reverend Goss was there any other parcel in all that area of research you did that had any work that had to be done on private property - such as yours? Mr. Goss: Not that I'didn't get into those areas of private property where people would be taking out permits and asking for the work done. Co. Imperial: O.K. So as far as you are aware..in all this research and all these figures you gave us you are the only one who had a parcel where there would be private property involved. Not just curbs and gutters by the City - but private property. Mr. Goss: Yes.. Co. Taylor: Madame Mayor..Mr. Imperial-Point of Information.. Did you say your neighbor was ..south of you.. is that private property.. Mr. Imperial is that what you were asking.. There are two private properties.. Co. Imperial: Just one you said... Mr. Goss: Well one now because I have deeded that property..My section of the property to the City.. So there would only be one.. Co. Imperial: O.K. ...I certainly think that there might be some food for thought here so far as the private property is concerned... but I do think that as long as our City Manager at that time made a committment to Mr. Goss I feel that we ought to fulfill that committment. Thank You.. Co. Cichy: I'm not disputing Mr. Goss as to what the previous City Manager might have said or the previous Planning Commissioner (Director),.I just want to know whether our management or the planning department has checked to verify the statements - and in fact see if we are obligated? City Mgr. Tripepit Madame Mayor and Members of the Council.; my staff has provided you with a memorandum and I don't think there is any dispute with what Reverend Goss has stated in relationship to the memorandum that we supplied ,to each member of the Council to which we also invited Reverend Goss in to take a look at the memorandum..I believe you got to read that prior to tonight's meeting. The only problem I bade with it is that I wouldn't install the improvements on private property with the City Attorney advising me it was illegal to do so. Number 2 - just to clarify,.and Jim this not to say the information you gave was wrong but each example that was cited this evening was an example of an assessment..a special assessment under Chapter 27..which this particular case does not fall under. This is a matter of a developer coming in..doing over $2,000 worth of improvements and being required to do one of three things„ 1) post a cash despoit; 2) post a time certificate; or #3) cause the improvements to be installed on his own. As far as the promises go,.I don't think there are any legal problems at all here-and if the Council wants to cause theconstruction and that is apparently the motion we have no problem with it., we will cause the construction to be made and I don't believe the City Attorney has any problems with that legally..abd we will be more than happy to carry out the wishes of the Council. Page Four 12/'14/76 Council Minutes Verbatim pg. 3 2A..JIM GOSS Exhibit A Page 4 Mayor Trujillo: I would like to ask a question of the City Manager...Now does this set new precedent-in that construction would be on private property? City Manager Tripepi: No..there is no private property involved anymore..Rev. Goss has deeded the property and the deed will be recorded. There is no precedent there at all. Mayor: 0. K. Co. Taylor: I think there needs to be clarification. My intent wasiifiitKwas necessary to use the 1911 Act..I need it clarified in my mind-the property south of Reverend Goss is still privately owned. And I am not talking about putting curbs and gutters on Mr. Reynold's and Reverend Goss's property and leaving one property out on the entire street. My intent was to use the 1911 Act if we have to use that for ohetproperty there. The roadway is already out there now. It is just for clarification how we are going to complete the entire street. I don't think it is realistic in this case to have 90-95% of the residents on that street with improvement of curb and gutter and leave one go. I think this would be kind of... Mayor Trujillo: Is that what you intended with your motion? Co. Taylor: That was my intent..I don't know if Mr. Hunter... Mayor: Does the second agree with that? Co. Hunter: I would agree with it Madame Mayor.. Co. Taylor: So the intent is to do the entire end of the street. City Mgr. Tripepi: Can I get a clarification from the maker of the motion... Mayor: The cost would be different then than that submitted by the City Manager? City Mgr. Tripepi: No..ItsT..It is my understanding is that what we are going to do is install curbs and gutters on the remaining parcels of Beatrice Place which will require condemnation by the Council of the one parcel involved - that particular property owner refuses to dedicate..Now my question is does the Council wish the project to go at one time because it obviously is going to tie the project up for at feast another 90 to 120 days.. You have to give 60 days notice to the property owners to construct and then that particular property owner has 60 days to install the improvements hereself - if she so wishes. Attorney Dilkes: Madame.Mayor..If I may I would like to call the Council's attention to one procedural problem. In using the 1911 Act in this situation we would be required to spread the assessment. That assessment has to be spread on some rational basis..usually a front footage method is involved. If there is any discrepancy on the assessment on the southerly parcel..and on the price which has essentially been guaranteed... Reverend Goss and I take it also Mr. Reynolds..(if motion passes)..we may have some problems in terms of administering the Act..in that situation. I haven't really had a chance to think it all the way through.But I would at least like to bring that to the Council's attention at this time. Co. Taylor: In regard to the time lag or the 90 - 120 days..I don't know if Mr. Goss has any feelings on that..He probably waited this long..but in all reality I would like to think that he would like the whole street improved rather than have the one wash-out next door to you. When I say wash-out..the roadway-that is what my motion is to proceed..whatever the requirements are and not to do it on two individual move-ins. Mr. Goss: I understand... If you are telling me tonight that you are going to do it and the maximum I am waiting is 120 days..I will wait: I don't want to... Co. Hunter: As..Mr. Goss just stated-he wouldn't mind waiting 120 days. It could possibly go 150 days.. City Manager: It could be a little longer..You know.. Co. Hunter: There is just no way that on the last day of the legal ramifications of it are you going to have a contractor in there. It is not reasonable. • Page Five 12/14/76 Council Minutes Verbatim Pg. 3 2A..JIM GOSS ® Exhibit "A'.' Page 5 Attorney Dilkes: In addition-Madame Mayor if I may remind the Council. AB 11 is in affect now so the condemnation of real property takes substantially more time. If the property owner in question is not immediately cooperative it may take considerably longer than 120 days- we have no control over that.... Mayor Trujillo: Yes..I have a comment..It seems to me that we are really spinning our wheels. We were approached by Reverend Goss and also included in his request to us was Mr. Reynold's property..and I don't see why we are extending ourselves beyond. It seems to me.. O.K...The costs here that were given to us..this would increase? Am I correct?in assuming that..that the cost would increase because we would be including another property? City Manager: Well obviously the bids that I presented to the Council was for the two properties..Mr. Reynolds and Mr. Goss.. Mayor: I feel that we should just address ourselves to that and by doing so, we would expedite the projects for the for the two properties. Co. Taylor: I don't think that would be proper in the sense..can you give me your logic for doing 15 properties on the street and leaving one go..as far as fully improving the street? Mayor: But we are not talking about a major project, we are talking about two properties.. Co. Hunter: I would normally agree with you and I would like to ask Reverend Goss as question. The fact that we are willing to do it Reverend Goss..are you willing to wait so we can do it in a proper good planned manner? Mr. Goss: I think so if I can get the staking set so I can at least put in driveways. I've just finished putting in thousands of dollars worth of carpeting and new flooring and everything, and I'm getting just a.little tired of mud and dirt. And I really would..if the City Manager could say well we'll put the staking in..you can bring your driveway out to that where I could at least get in and out of the house without..you know..it is going to rain... and I've waded through the mud for 3 years I would like not to do it this year. Co. Taylor: There is a statement on page two..it says that the design for curb and gutter was completed by the Road Department..and submitted to the City on May 30, 1975. Did they in fact design the cul-de-sac or only the two properties on the north side? Mr. Dickey: Just the two properties... Co. Taylor: So we would have to have the south one or two properties..whatever.. Mayor: It seems to me that we are creating problems.. Co. Taylor: Well if Mr. Goss chooses to go ahead and put in his driveway..that would be a deduct from your contract. Or from what you paid now the way I see it. And wouldn't that be credited back to Mr. Goss? Mr. Dickey: I beleive that Mr. Goss..Reverend Goss is speaking of his private driveway.. which in fact is on private property and would be at his own cost.. Co. Taylor: Excuse me..I meant the driveway approach.. Mr. Goss: I would put my own driveway in..but I would need a stake..a grade..something to tell me that this is where the curb and gutter is going to be. Co. Taylor: Well your property sounds like it is already designed. So I don't see the problem of giving that to you. Is there a problem there..Giving him the property line? Mr. Dickey: We'd have to call out the County to set grade and stakes and review the existing plans-and the grade should be there.... the driveway. What I am trying to do is anticipate the full design for the cul-de-sac Co. Taylor: I went through the same thing that Mr. Goss went through and I paid the fees, And that fee included the County coming out and surveying and staking the property. at no charge. Now as far as what Mr. Goss has been waiting for for three years I don't see the problem..What is the problem about coming out and giving him property line? '.,Page Six • Council Minutes 12/14/76 Verbatim Pg. 3 2A JIM GOSS O Exhibit "A". pg.6 City Manager: There is no problem in coming out and giving him a property line..But I think Councilman Taylor that you have made a very good point. You indicated that you posted money to pay for the staking, design, and inspection that was covered.in your cost..is that not correct? Co. Taylor: Yes City Manager Tripepi: When you made the improvement... You are in the same category as Mr. Goss - with one exception-You revamped..remodeled you house in excess of $2,000..He moved on a house..The only time the City picks up the design, staking, survey and all those other related costs is under a chapter 27 . assessment act...I think you just verified that for-us in stating that you are a Councilman who paid for those items when you made your house remodeling permits. Co. Taylor: Well didn't Mr. Goss pay for his also. He didn't come under 1911? City Manager: His costs that he posted or deposited with the City..It was his understanding was to only cover the installation costs of the curb and gutter ...In fact he has stated-the items that he saw listed on our report ...paveout, excavation..was to be paid out by the City. Co. Imperial: I would like to address this question to Mr. Tiipepi..Mr. Goss has asked a question..#1 would this Council be willing to move..to accept the obligation to do this work for him. Secondly, would there be any problem in setting stakes. We've discussed this - but I don't feel like we have got an answer and I would like to address this to the City Manager... Is there any problem. City Manager Tripepi: Sorry that Councilman Imperial didn't hear my responde.. No problem at all. We will be happy to set the grades. Co. Imperial: Well if there is no problem at all and we can set these grades then why don't we get on and call for the question Madame Mayor.. Co. Hunter: Madame Mayor will the City Clerk read Mr. Taylor's motion that I seconded please. City Clerk Young: Yes... and I wanted a clarification so I am glad you asked because I wasn't sure about the To direct the City Manager to order the improvements installed on the entire street. Mayor: Was that the motion? Co. Taylor: By the entire street I mean the 3 or 4 remaining properties..the other properties already have the curb in it. And one clarification.. This isenotot sidewalks.. And as far as you installing your own sidewalks Reverend Goss that would be up to you..but it is not including sidewalks because none of the other property has it. Mayor: Councilman Hunter ..You still have the floor Co. Hunter: Thank you Madame Mayor..Well my concern is this. In the name of good planning you would do it all at one time. But I think we have built'in some problems for ourselves tonight in...One of them is the legality of using Chapter 1911,.Is that right Mr. City Attorney..On the one remaining property,. Attorney Dilkes: Yeh:.I guess I have'some questions about it..I don't think they are unanswerable or unsolvable but I just haven't had a chance to think it all the way through tonight. Co. Hunter: You give me another train of thought now.. We have problems with it and Reverend Goss has waited a reasonable length of time to get this project in - then I would withdraw my second to that motion and entertain a motion to proceed as soon as possible with the two properties that are deeded to the City at this point. Co. Imperial: I second it Madame Mayor.. Co. Taylor: Lets have a clarification on that ...If he withdraws his second are you saying it is withdrawn.. Mayor: Yes the motion is dead... City Manager: You-have the second to the motion saying his second is withdrawn..but you need to find out if there is another second supporting the initial motion. ® Page Seven Exhibit "A" Page 7 Council Minutes 12/14/76 Verbatim Pg. 3 2A JIM GOSS Co. Taylor: What we are saying then is we will go ahead and do these two properties and leave the one property on the south side of the street - as is - for however long it takes.. Mayor: Before we continue..I would like to clarify that,. Attorney Dilkes: Procedurally..Mr. Taylor's Motion,. Councilman Taylors Motion is now before the Council. It lacks a second..If there is no other second then... /Co. Cichy: I second it... Mayor: There is a second to Councilman Taylor's motion? Alright„ Attorney Dilkes: Councilman Taylor's Motion is before the Council Co. Taylor: I think the City Attorney can clarify..This doesn't actually happen tonight-Reverend Goss..We are going to have to draw up the formal papers to do it..we're just directing the City Manager and the City Attorney to prepare the documents.... as far as whatever questions the City Attorney may have, he is going to have to research it and bring it back, It may delay it a little bit longer but you will get your stakes to put your driveway in and you will have a 10 or 15 foot ...what we do a lot of times is just order out a $35.00 load of rock and sand and put it in the parkway until itegoes in..that gets rid of the mud coming up your driveway. It is up to you really, if you feel that you could live with it either way - but I think it Gwould be best to do the whole street at one time and be done with it. Mr. Goss: My own feeling is that simply..I'verreally come to this same point - now for three years running.. Coo.Taylor: May I make a point though..Has the Council taken official action on it? Mr. Goss: Noo Co. Taylor: I would like to call for the question then and get it moving. Co. Cichy: Just a comment on the second. I have to agree with Mr. Taylor from the standpoint of proper planning if we are going to go ahead with anything,, And if there is any delay with the additional property-then I wish we would direct the Planning Director to notify the Council..we can then change our plan at that particular point when we see a delay and direct the City to then go ahead at all possible speed on his property alone. What we want to do is try to do the best job of planning for the whole street. If we see any delay - then I would vote to go ahead and just do yours alone. I think that is the best way to satisfy the particular issue. Co. Imperial: Would the,maker of that motion amend it to say such? Co. Taylor: Madame Mayor, I don't think it is necessary because as the problem comes up we can always correct it. Mayor: Well, I think it wouldn't hurt to amend your motion. Because I think we are going to have problems.with this 1911 Act myself. And I think what is going to happen is it is going to be drawn out and we are going to be delaying it. Because we are going to have to research it and get into condemnationsand a whole lot of other things. Co. Taylor: That would be fairly normal anyway, Madame Mayor, and in order to do it properly my motion still stands and Mr. Goss has waited three years. Co. Imperial: If Councilman Taylor feels there is going to be no problem then what would be the problem with amending the motion. I don't understand this. Mayor: Councilman Taylor..Did you want to respond? Co. Taylor: No Co. Hunter: Mr. Goss - I'm sure you recognize what I did in withdrawing my second. So we could get your property done. At this time there is a motion on the floor with a proper maker and second to proceed to do the three remaining parcels. Do you understand that? • Exhibit "A" Pg. 8 Page Eight Council Minutes 12/14/76 Verbatim Pg. 3 2A JIM GOSS Mr. Goss: Yes Co. Hunter: Do you agree with it? Mr. Goss: Well - obviously I would rather have my own done,' I have talked with the lady to the south which is the only remaining property and I can assure you she will use all legal means to keep you from acquiring her property The reason being... the curb comes within about 5" of her front porch..,that is where the curb winds up. She will use all legal means to stop that. So obviously I would rather you.go ahead and put in the two and,., Co. Taylor: With what Mr. Goss has said..I donut know the facts, but if it is true that it is coming within 5" of her property - I feel that there could be „Maybe the City Attorney could comment..a good case of inverse condemnation..and ;:if that type of a problem arises and with with what Mr. Imperial requested.. I would so amend the motion that if we run into that type of inverse condemnation where we have to buy the entire home..that lady... which it may come to. Mayor: O.K. does the second agree to the amendment? Co. Cichy: Agreed Co. Taylor: I call for the question.. City Clerk Young: Mayor - May I clarify one thing? Is the intent of the motion so Reverend Goss knows in the future..that if and when it does go through Chapter 27 and assessed that he will not be charged any more than he has on deposit? City Manager: The motion is that the City Manager cause the installation of improvements on the two properties involved.. Mayor: No..No..It is on the whole project.. City Manager: Provided there are no delays from the legal standpoint of the one lady just to the.... Mayor: O.K... would you vote please... Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor NOES: Trujillo ABSENT: None EXHIBIT "B" 0 VERBATIM MINUTES OF AGENDA ITEM V-A OF THE MEETING OF JANUARY 11, 1977 (CITY COUNCIL) V. A. BEATRICE PLACE'STREET IMPROVEMENT/CONSIDERATION OF ALTERNATIVES Mayor: Mr. Dickey... Asst. City Manager Dickey: Yes..The City Council took action to approve.of a 1911 Street Improvement Act ..Chapter 27 to be applied to the west end..the unimproved west end of Beatrice Place. At that time, one of the Councilmen requested that a report be done to provide some alternatives to the construction of a cul-de-sac at the west end of Beatrice Place. A memorandum was submitted to all of the Council Members providing three alternatives. The first alternative was the curb and gutter in front of Reverend Goss and Mr.Reynold's place of residence, which is what the County had designed..and the second alternative was to extend Beatrice to make a cul-de-sac in front of Reverend Goss's residence..and you have the diagram there. it would perhaps imperil an existing structure..and alternate three would provide for construction of a cul-de-sac with a minimum radius..and the existing right-of-way. And it is staff's recommendation that Council approve of the construction of the cul-de-sac..Alternate No. 3..and abandone'the;.use of the 1911 Improvement Act..Chapter 27..as that is an assessment procedure that would probably only affect one residence and would probably be in this instance very cumbersome. Mayor: Thank You. Mr. Goss is here and wanted to add something. Will you identify yourself for the record please. Mr. Goss: My name is James Goss, 8919 Beatrice Place in Rosemead and I am very much opposed to Mr. Dickey's recommendation. First of all, because it just simply isn't feasible. If you look at Alternate 3 you will find.:-about a 12 foot driveway that would make access to my home and the home existing immediately to the west of me..now the home immediately west of me - you will daily see there a Volkswagen Bus, a Mercury Cougar, a Volkswagen Sedan, a Ramble Sedan, and much of the time a Ford Granada and another Volkswagen Sedan. All of this.. add to this the myriad of cars of teenagers that are generally there at that home,and that's going to operate on a 12 foot driveway? We presently now have about 25 feet and tonight..many-many times I have to go over tbethe neighbors and ask them to move their car so I can get off of my property. Now the people immediately to the east of me..they have two trucks, a station wagon and a speed boat..Now there is no way we're going to get this..that they are going to be able to park in a cul-de-sac such as alternate 113 that they are proposing. However, the biggest issue here seem to me to be the credibilitytor lack of credibility by the management team of the City. I left here on December 14th..at that Council Meeting..ascertained .that the City Council had directed the City Manager to proceed with a plan similar to alternate 112 that you see there..or at least a plan similar to 111..Not ever was,alternate 113 or the possibility of such a plan ever discussed. I think if you will replay the tape of that Council Meeting of December 14th, you will see that it was the intent of the Council to implement a plan similar to alternate plan 112 that is before you. And the instructions were explicite. That was that the owner of the property due east of me..that you see over there where it says existing home..was to be contacted and if there wereosome legal complications that would cause undue delay in proceeding with what is described here as alternate 112, it was to be brought back to the Council and you were to put..then the intent was that they would go ahead with a plan similar to plan 111. Now I received this copy on Wednesday, the 5th of January and on Saturday the 8th, I went over and asked my neighbor if she had ever been contacted. And her answer was..No, on one from the City has ever contacted me. Now, I know that the instructions were explicit that that was to be done..and if you will play the tape back you will see that that was the intent. Now, all parties here concerned know that they accepted my deposit with the intent of f6lfilling a plan similar to this alternate 111. And when the permit fees were paid in May of 1975 and the County drew up a plan, it was similar to this alternate 111. In October of 1976, the City Manager'stated that all I had to do was deed the property.. the deed Mr. Dickey instigated..the discussion that culminated in my signing that deed..deeding that property over to the City. And in these very Council Chambers on the 14th, the City Manager said to me, standing right here, there is no problem, the Council has voted, we will get right on it. It seems to me that I have a copy of the Rosemead Independent Page Two • Exhibit "B" V.A...1/11/77 • that it seems to me that they understood this. And if they understood it, and I feel that I understood it - I even asked the City Clerk to check with Mr. Taylor who made the motion so that I was sure of the intent of the Council..and I went away very happy that this was going to be done. But this Council really should order Mr. Tripepi or the City Manager to proceed with the curbs and driveway approaches that I have been petitioning for for some time now - similar to plan alternate 111 and really forget this delaying business..and forget this alternate 113..and I really don't care if alternate 112 is done..The lady across the street doesn't want it and I see no advantage in it, but to confine me to 12 feet - which this alternate 113 does - and I really feel like it is just a breach of truth. I fell like I was promised this:..... Mayor pro tem Taylor: Madame Mayor...I would like to just ask the Council if they would have any objections to going back and having that section of the tape transcribed verbatim and also tonight - what Mr. Goss is saying - because I think we made it pretty clear that night that if there were going to be problems - we would abandone or possibly abandone the full bulb improvement. Mr. Goss: Right... Mayor pro tem Taylor: O.K... Now, after the meeting, I clarified I requested alternate 113. In order to have it here tonight and not to have it broughteup tonight- and say O.K., we have another alternative, lets go another meeting. That was the reason for that, and evidently there is one thing that you are concerned'with..Your property only. That is all I'm getting from you, you don't care what your other neighbors do but you want your 12 foot driveway. Mr. Goss: Oh, I beg your pardon, Mr. Taylor, I just indicated that the lady across the street doen not want that whole bulb. I have no desire to have it and she doesn't want it - that is fine with me. Mayor pro tem Taylor: O.K., I go back to the 15 or 16 properties on that street, if this City is going to act - and I think that it is a good recommendation that the think be fully improved and be done with.. And as far as I'm concerned, if it goes otherwise, I am going to use it as precident setting and want full explanation for somebody else who wants it done later. How we can improve 90% of a street and say, skip this one... because I will see that that is brought out at every public hearing from here on out..But I do feel that alternate 113 was the most equitable for everyone concerned. It leaves the lady with the home adjacent to you..there is a strong possibility that it would not be improved or the house would have to be condemned because you object to a driveway problem. You mentioned several vehicles..ihat may be a problem. I am not sure you went through it so fast..the number of vehicles..but on Emerson St. just south of you the next one down they have driveway the full radius at the end of it. It is not like this particular one..maybe that could be a feasible point. I was down there twice, and I never saw one car on that cul-de-sac like you mentioned that we would probably see. Mr. Goss: Would you like to go look with me after... Mayor pro tem Taylor: They may be there tonight..but I was down there twice and I didn't see any. They may have been in the yard somewhere..I don't doubt..but they were not on the street though. That is all I have right now. Councilman Hunter: Councilman Taylors suggestion of having that portion of the tapes transcribed appeals to me, so I would make a motion at this time until that can be made available to us that we postpone this to our next regular meeting. Mayor pro tem Taylor: Now that includes tonight also so that,,. Councilman Hunter: I would agree to that..Yes Mayor pro tem Taylor: I would second the motion. Page Three S Exhibit "B" V.A. Council Minutes 1/11/77 Mayor: O.K., there is a motion on the floor is there any other discussion? Councilman Cichy: The whole issue will be postponed,.is that the motion? Mayor pro tem Taylor: Until we get the tapes transcribed and we can see where the misunderstanding really lies. Q'ouncilman Cichy: I would agree with that if we will have a full report on the 3 alternatives from staff and their recommendation on which one should be used and an explanation for the recommendation, to have Councilman Hunter: I would like-..to have too, a €nis-1 report from staff that contact the owner of the property immediately south of Mr. Goss's property. Whether the lady approves or disapproves. They keep saying lady I'm assuming Mr. Goss that it is a lady that owns it. Mr. Goss: Yes.. Councilman Hunter: O.K..I want staff to get approval or denial from that party before next meeting. Mayor pro Pm Taylor: In that report also, the way I understand this-this does not affect hereproperty in any way... Alternative #3..It is moved back out of her property. Is that 'correct? But I would also like an intrepretation of the abandonment of the 1911 Act where Mr. Goss and his neighbor have paid and this proerty being improved at no cost-since-would that be in fact the case? Asst. City Manager Dickey: Yes, If you would like I can go ahead and explain in the next report - or if you like I can...... Mayor pro tem Taylor: No, later is fine - but I would like it in the report why and I would like the justification of how we can all of a sudden exempt one person from any cost on a fully improved street. Mayor: O.K...Staff will supply that information for the next council meeting... Councilman Hunter: Mr. Goss do you understand what I have asked for and why? You have made some charges here tonight and I want to verify it or prove to myself that you are wrong. I Mr. Goss: Yes, I would even like the privilege of purchasing this If I... Councilman Hunter: You don't have to purchase it..when it is made available to us as for the person involved..I am sure it will be made available to you. Mayor: Public Information.. Mr. Goss: I would appreciate it very much. Councilman Hunter: Call for the question Madame Mayor Mayor: Would you vote please... NOTE: Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None