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CC - 10-12-76MINUTES OF THE ROSEMEAD CITY COUNCIL OCTOBER 12, 1976 CALL TO ORDER - 8:00 P.M. 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 Trujillo. The Pledge of Allegiance was led by Councilman Hunter The Invocation was delivered by Reverend Tom Phillips ROLL CALL: Present: Cichy, Hunter, Imperial, Trujillo Absent: Taylor (arrived at 8:10 p.m.) Ex officio: Burbank, Dickey, Dilkes, Fleischman, Foutz, Tripepi, Young APPROVAL OF MINUTES: AUGUST 24, 1976 - REGULAR MEETING (Revised Page 4) SEPTEMBER 28, 1976 - REGULAR MEETING It was moved by Councilman Cichy, second by Councilman Hunter to approve the minutes of August 24, 1976 as written. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: None ABSENT: Taylor (arrived 8:10 p.m.) It was moved by Councilman Cichy, second by Councilman Hunter to approve the minutes of September 28, 1976 as written. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: None ABSENT: Taylor (arrived 8:10 p.m.) 1. PUBLIC HEARINGS: A. AMENDMENT TO THE C-3 ORDINANCE..AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 9120.17 OF THE ROSEMEAD MUNICIPAL CODE Attorney Dilkes and Planning Director Sullivan presented the recommendation of the Planning Commission to adopt proposed Ordinance amending the C-3 Zone. Mayor Trujillo requested anyone wishing to address the Council to please stand and be sworn. No one responded.. The Public Hearing Opened at 8:06 P,M. No one responded and it closed immediately. Attorney Dilkes Read Ordinance 423 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 9120.17 OF THE ROSEMEAD MUNICIPAL CODE. it was moved by Councilman Hunter, second by Councilman Cichy to waive further reading and introduce Ordinance 423. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: None ABSENT: Taylor (arrived 8:10 p.m.) Page Two Council Minutes 10/12/76 B. ADOPTION OF ORDINANCE FOR ADULT BUSINESSES. 6 Attorney Dilkes reviewed the memo dated June 28, 1976 relating to this proposed ordinance and presented the recommendation of the Planning Commission to adopt. Mayor Trujillo requested anyone wishing to address the Council to please stand and be sworn. There were none.. Councilman Taylor entered the meeting at this point (8:10 P.M.) The Public Hearing opened at 8:10 p.m. No one responded and it closed immediately. Attorney Dilkes read Ordinance 424 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO THE APPROPRIATE ZONII4G FOR "ADULT BUSINESSES" AND DECLARING A MORATORIUM ON SUCH USES. It was moved by mayor pro tem Taylor, second by Councilman Imperial to waive further reading and Introduce Ordinance 424. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 2. ORAL COMMUNICATIONS FROM THE AUDIENCE A. GILBERT PINTO of Operation Youth Education Services advised the Council of the organization's intention to hold a Candidate's Night and requested waiver of the deposit fee for use of the Community Recreation Center. Council advised Mr. Pinto that the fee is refundable if everything is left in order - and Mayor Trujillo expressed interest in the Council being invited to the function. 3. LEGISLATIVE : None other than that Introduced in the Public Hearings... 4. CONSENT CALENDAR: CC-C; CC-E; CC-H; CC-I removed... CC-A RESOLUTION 76-67. CLAIMS AND DEMANDS Recomm: Waive Reading and Adopt CC-B CLAIM AGAINST CITY/DORADOR Recomm: Reject Claim CC-D REQUEST FOR USE OF STRAIN POLES/ROSEMEAD CHAMBER OF COMMERCE/HERITAGE PARADE Recomm: Approve Request dated 10/4/76 CC-G HUMAN RESOURCES COMMISSION ANNUAL SUMMARY Recomm: Accept for Review It was moved by Councilman Cichy, second by Councilman Imperial to concur in the Recommendation on the Consent Calendar. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None CC-C APPROVAL OF SURVEY 140NUMENTS/RELEASE OF BOND/TRACT 31006 Recomm: Approve Work & Release Bond per Recommendation Dated 9/23/76 Deferred to Next Regular meeting - No objections... Page Three Council Minutes 10/12/76 CC-E REQUEST OF AEROSPACE CORPORATION Recomm: Approve Placement of Electronic Devices as Outlined in Letter of 9/24/76 Council requested that this item be deferred and a representative from Aerospace be invited to the next meeting. No Objections... CC-H HUMAN RESOURCES COMMISSION REQUEST TO CHANGE MEETING PLACE Recomm: Approve Request dated 10/4/76 Councilman Hunter expressed his feelings that one meeting per month should be held south of the San Bernardino Freeway.. Council asked that a member of the Human Resources Commission attend the next meeting and advise the Council of immediate problems at Zapopan Community Center; also of any problems possibly experienced by other groups using the center. No Objections... CC-I HUMAN RESOURCES COMMISSION PROGRAM ON DISASTER PREPAREDNESS Recomm: Approve Meeting & waive Business License Fees Councilman Cichy asked that this item be deferred until the City has its Emergency Operations Plan.. No Objection... REGULAR AGENDA CONTINUED 5. MEMORANDUM AND RESOLUTION/ADVISORY REFERENDUM ELECTION Attorney Dilkes presented his memorandum of September 28, 1976 which states that although an advisory election would have no compulsory legal effect, the City Council may properly go to the voters to ascertain whether or not further consideration should be made on the subject of a city charter. After discussion; Attorney Dilkes read Resolution 76-68 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING AN ADVISORY ELECTION ON THE ISSUE OF WHETHER OR NOT TO CONTINUE STUDY OF A CHARTER FOR THE CITY OF ROSEMEAD. It was moved by Councilman Hunter, second by Councilman Cichy to waive further reading and Adopt Resolution 76-68. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo 140ES: Taylor ABSENT: None (to waive reading must be unanimous) It was moved by Councilman Cichy, second by Councilman imperial to waive further reading. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: Taylor ABSENT: None Attorney Dilkes read Resolution 76-68 in full. It was moved by Councilman Cichy, second by Councilman Hunter to strike the 1st Section 3 of Resolution 76-68 and to incorporate the 2nd Section 3 with the date for election to be March 8, 1977. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None • Page Four Council minutes 10.12/76 if it was moved by Councilman Hunter, second by Councilman Cichy to Adopt Resolution 76-68. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: Taylor ABSENT: None 6. CONSIDERATION OF TERMINATION OF FRANCHISE AGREEMENT..CATV Deferred to Next Regular Meeting with request that representative be present. 7. CONSIDERATION OF DEFERRED MOTION/SAN GABRIEL VALLEY ASSOCIATION OF CITIES It was moved by Councilman Hunter, second by Councilman Taylor that the City of Rosemead join the San Gabriel Valley Association of Cities.. Motion deferred to Next Regular Meeting and staff to request representative of San Gabriel Valley Association of cities be present. 8. REPORT ON WETIP REQUEST It was consensus of Council to authorize a mayor's Proclamation... The Meeting Recessed at 9:05 P.M. The Meeting Reconvened at 9:26 p.m. Mayor Trujillo asked that Alicia Dorador be permitted to address the Council at this point.. No Objections.. ALICIA DORADOR, 3245 Alanreed, Rosemead addressed the Council with regard to her Claim against the City. Council advised Mrs. Dorador that the Claim had been denied (CC-B) and City Attorney Dilkes informed Mrs. Dorador that she could file an action in conformance with Section 945.6 of the Government Code. APPOINTMENT OF COMMISSIONERS (Mr. Lowrey & Mr. Revelles terms expire inn November) 1~1~6/,6 lr oU nci(Yl~an ~1^~Y'¢ri c..l Ylovrlinca}ec~ ma1-lain kt?wFey -ro F_ ~-%o~"'~mi1s,oKe.~ / It was moved by Councilman Cichy, second by Councilman.ltlunter to reappoint Commissioner Lowrey for a two-year term to the Planning Commission. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None It was moved by Councilman Hunter, second by Councilman Imperial to appoint Mr. Louis Tury to a two-year term on the Planning Commission. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None Council directed.staff to prepare an appreciation plaque for Mr. Revelles. 10. EXECUTIVE SESSION/LITIGATION MATTERS (Bezaire & Moore) The Meeting Recessed to Executive Session at 9:37 P.M. The Meeting Reconvened at 10:01 p.i Attorney Dilkes stated that Council discussed the Bezaire/Maloof litigation case and the claims from Moore and Dorador during executive session. Director of Recreation & Parks Burbank was directed to represent the City in Small Claims Court (Moore claim). No further action on Dorador Claim (see CC-B) Page Five Council Minutes 10/12/76 It was moved by Councilman Hunter, second by Councilman Imperial that the City Attorney be directed to prepare the Bezaire/Maloof case for trial. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: None ABSENT: None ABSTAIN: Taylor 11. COMMUNICATIONS: A. WRITTEN CORRESPONDENCE: 1) DEPARTMENT OF HOUSING & URBAN DEVELOPMENT/HOUSING CONFERENCE Mayor Trujillo suggested approval of attendance by any Council Member able to attend this conference.. No formal action... Councilman Taylor requested any literature received.. 2) CALIFORNIA CONTRACT CITIES/NOTICE OF MONTHLY MEETING (City of Rosemead) Council was made aware of this meeting to be hosted by the City of Rosemead on Wednesday, October 20, 1976. B. MATTERS FROM CITY OFFICIALS: Councilman Cichy: 1) Suggested that the City's Application for Funding for the Public works Employment Act be hand delivered to Seattle. It was moved by Councilman Imperial, second by Councilman Cichy to approve the City Manager or a member of staff, a Council Member, and the Engineer to hand deliver our Public Works Application for Funding to Seattle. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 2) Suggested that a study session be h.ld to discuss Agenda Format. Date to be considered.at the next meeting.. 3) Suggested that consideration be given to making the Human Resources Commission a 7 person commission - adding a member from the Sister City Committee and from the Heritage House Board to encourage better communication between these Committees and Council. 4) Suggested an informal presentation (lunch) of the plaque for the outgoing Chamber of Commerce President. It was moved by Councilman Cichy, second by Councilman imperial to present the plaque to the outgoing Chamber of Commerce President informally. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 5) Commended the Sheriff's Department for their demonstration of restraint and patience at the recent fire (Valley & Rosemead)..Fire Station 42 was also commended for their performance. L Page Six Council Minutes 10/12/76 i 6) Suggested that the Council plant a Yellow Rose Bush at the Dinsmoor House with maybe a small plaque in memory of willietta Kunz who served in many capacities in the City - the last being Board Member of the Dinsmoor Heritage House. It was moved by Councilman Cichy, second by Councilman Imperial to authorize the expenditure of funds for the above Yellow Rose Bush. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 7) Presented the memorandum relative to purchase of a full set of Deerings Legal Codes. It was moved by Councilman Cichy, second by Mayor pro tem Taylor to authorize the expenditure for purchase of a full set of Beerings Codes for the City. Roll Call vote as follows: AYES: Cichy, Imperial, Taylor, Trujillo NOES: Hunter ABSENT: None Councilman Imperial: 1) Suggested a plaque in appreciation to Reverend Jack Preston - United Methodist Church for his service to this community. It was moved by Councilman Imperial, second by Councilman Cichy to approve the foregoing plaque. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 2) Asked the status of the "Bingo Ordinance".. Attorney Dilkes responded that he will prepare an Ordinance for consideration by the Council. Mayor pro tem Taylor: 1) Asked if a plaque had been given the former Planning Director. Mayor Trujillo to present the plaque... 2) Requested a copy of the letter from County of L.A. relative to the Mid-Valley Manpower Consortium (9/28/76) 3) Asked for cassettes of programs presented at the Annual League Meeting in San Diego. Staff to order if possible... 4) Referred to the Liability Insurance Report from Councilman Hunter and requested an up-date of status in Contract Cities regarding same. 5) Requested Recreation & Park Director Burbank to prepare an evaluation on Contractors who did Tree Trimming for the City during the past year. • Page Seven Council minutes 10/12/76 • Mayor Trujillo: 1) Recommended that two Council Members be appointed to sit.in on negotiations between the City and Modern Service Company relative to their Franchise and increase of costs. It was moved by Mayor pro tem Taylor, second by Councilman Imperial that Councilmen Hunter and Cichy be appointed to sit in on the foregoing negotiations. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT : None 2) Requested that at the next regular meeting, consideration be given to setting a date for Revenue Sharing Public Hearings... Mayor pro tem Taylor: 6) Asked for information from Cal-Trans as to reason the existing wall on the Pomona Freeway was not extended, and what the mandatory requirements for a wall are. Mr. Taylor suggested someone attend the Alhambra Meeting relative to sound attenuation. Mayor Trujillo: 3) Asked status of letter to Economic Development Committee.. City Manager Tripepi advised Council of a meeting with the Chamber Board of Directors on Thursday morning where status of the EDC mll be discussed. 4) Referred to the National Municipal League meeting to be held in Virginia from November 7-10; suggesting that Council and one staff member be authorized to attend. It was moved by Councilman Cichy, second by Councilman Hunter to authorize any Council Member and one staff member to attend the abovementioned conference. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Trujillo NOES: Taylor ABSENT: -None Attorney Dilkes: 1) Stated he had requested information re: sound attenuation walls from the Speaker of the State Legislature. Assistant City Manager Dickey: 1) Referred to the letter dated October 11, 1976 over the signature of the City Manager relative to the Public Works Employment Act of 1976..recommending that the Council adopt two resolutions and an agreement with Scott Engineerigg to authorize applications for assistance under Title I of the Public Works Employment Act. Attorney Dilkes read Resolution 76-69 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING APPLICATION FOR ASSISTANCE UNDER TITLE I OF THE PUBLIC WORKS EMPLOYMENT ACT OF 1976. It was moved by Mayor pro tem Taylor, second by Councilman Cichy to waive further reading and adopt Resolution 76-69. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None Page Eight Council Minutes 10/12/76 It was moved by Councilman Cichy, second by Councilman Imperial to approve the staff recommendation to approve the agreement with Scott & Associates Engineering. Motion withdrawn with consent of second... Attorney Dilkes read Resolution 76-60 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING APPLICATION FOR ASSISTANCE UNDER TITLE I OF THE PUBLIC WORKS EMPLOYMENT ACT OF 1976. It was moved by Councilman Imperial, second by Councilman Cichy to.waive further reading and adopt Resolution 76-70. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None It was moved by Councilman Cichy, second by Councilman Imperial to approve the Agreement for Engineering with H.M. Scott & Associates, Inc. to engineer, design, and provide complete working drawings, plans and specifications for construction of certain streets located within the City of Rosemead - and to authorize the Mayor to execute the Agreement. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None C. ORAL COMMUNICATIONS FROM THE AUDIENCE: There were none... It was moved by Mayor pro tem Taylor, second by Councilman Cichy and unanimously carried to Adjourn. Meeting Adjourned at 11:07 P.M. APPROVED CITY OF ROSEMEAD DAT /0.26 BY C Y CLE 'MAYOR OF THE CITY OF ROSE