CC - 09-28-76MINUTES OF THE ROSEMEAD CITY COUNCIL
SEPTEMBER 28, 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 Mayor pro tem. Taylor
The Invocation was delivered by Reverend Don Eubank - Rosemead Foursquare Church
ROLL CALL:
Present: Cichy, Hunter, Imperial, Taylor, Trujillo
Absent: None
Ex officio: Burbank, Dickey, Dilkes, Foutz, Fleischman, Hannah, Sullivan, Young
APPROVAL.OF MINUTES: AUGUST 24, 1976 - REGULAR MEETING
SEPTEMBER 14, 1976 - ADJOURNED REGULAR MEETING
SEPTEMBER 14, 1976 - REGULAR MEETING
Mayor pro tem Taylor asked for clarification on Agenda Item 1B - Page Four..
relative to Denial of Zone variance 82.. No Objection to Revision of minutes..
Approval deferred to next regular meeting...
It was moved by Councilman Hunter, second by Councilman imperial to approve the
minutes of September 14, 1976 - Adjourned Regular meeting as written.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
it was moved by Councilman Cichy, second by Councilman Hunter to approve the minutes
of September 14, 1976 - Regular Meeting as written.
Roll Call Vote as follows:
AYES: Cichy, Hunter', Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
1. PRESENTATIONS AND REQUESTS TO ADDRESS THE COUNCIL:
A. RESOLUTION 76-62. WELCOMING OFFICIAL SISTER CITY VISITORS (ZAPOPAN)
Attorney Dilkes read Resolution 76-62 in full.
A RESOLUTION OF THE CITY COUNCIL OF ROSEMEAD WELCOMING OFFICIAL VISITORS FROM
ZAPOPAN, JALISCO, MEXICO
It was moved by Councilman Hunter, second by Councilman Imperial to adopt Resolution
76-62.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
Representatives from Zapopan in the audience were:
Senor J. Guadalupe Martinez Velasco `(President of the Sister. City Committee)
Senora Francisca Martinez de Martinez
Senor Manuel Delgado
Senora Raquel Martinez de Delgado
The City Council presented the formal Resolution - Pictures were taken..
Lydia Joseffini, our Sister City Secretary translated the Resolution to the Zapopan
Representatives...
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9/28/76
Senor J. Guadalupe Martinez Velasco addressed the council (Lydia interpreting)
and presented a Medal of Benito Juarez (A Father of Mexico) with inscription on
the back 1872-1972...
Entre Los Hombres come entre las Naciones.
E1 Respeto al derecho ajeno es La Paz..
Among men as among Nations, respecting... (translation)
one another is the Peace...
2. ORAL COMMUNICATIONS FROM THE AUDIENCE: There were none at this time...
3. LEGISLATIVE:
A. ORDINANCE 422. AMENDING REQUIREMENTS FOR AGENDA MATERIAL
Attorney Dilkes read ordinance 422. by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE REQUIREMENTS
FOR PREPARATION AND DISTRIBUTION OF MATERIALS ON THE COUNCIL AGENDA.
it was moved by Councilman Hunter, second by Councilman Cichy to waive further
reading and Adopt Ordinance 422.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial. Taylor, Trujillo
NOES: None
ABSENT: None
4. CONSENT CALENDAR: CC-K removed for discussion...
CC-A RESOLUTION 76-63. CLAIMS AND DEMANDS
Recomm: Waive Reading and Adopt
CC-B RESOLUTION 76-64. ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO CITY COUNCIL
Recomm: Waive Reading and Adopt
CC-C RESOLUTION 76-65. ESTABLISHING A DEADLINE FOR SUBMISSION OF CONFLICT OF INTEREST
CODE. Recomm: Waive Reading and Adopt
CC-D AMENDMENT TO AGREEMENT WITH ROSEMEAD CHAMBER OF COMMERCE
Recomm: Approve Agreement & Authorize mayor to Execute.
CC-E STATEMENT OF UNDERSTANDING (AGREEMENT) WITH AMERICAN NATIONAL RED CROSS
Recomm. Approve and Authorize Mayor to Execute _
CC-F HEARING OFFICER'S REPORT/WAGON WHEEL (Request for Licenses)
Recomm: Approve Report and Authorize Licenses as Requested
CC-G CLAIPI AGAINST CITY/DAVID R. MOORE
Recomm: Reject Claim
CC-H CLAIM AGAINST CITY/GIORDANA, MICHAEL J.
Recomm: Reject Claim
CC-I SB 821 FUNDS FOR SIDEWALKS ON HELLMAN AVENUE
Recomm: Approve Use of Funds (approx. $16,021) As Requested
CC-J CONSIDERATION OF BANNER/DON BOSCO TECHNICAL INSTITUTE
Recomm: Approve Request dated September 10, 1976
CC-L SET PUBLIC HEARINGS FOR AMENDMENTS TO MUNICIPAL CODE FOR OCTOBER 12, 1976
Recomm: Set Hearings as Requested
It was moved by Councilman Imperial, second by Councilman Cichy to concur in
recommendations on the Consent Calendar with exception of CC-K.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
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9/28/76
CC-K ATTENDANCE AT ANNUAL CONFERENCE - LEAGUE OF CALIFORNIA CITIES
Recomm: Approve Recommendation of City Manager dated September 22, 1976
Discussion followed regarding number attending, budget appropriation, and
attendance of entire Traffic Commission. Councilman Taylor requested reports
from the Conference and a copy of the program..Councilman Imperial requested
participation by all attending...
MO) It was moved by Councilman Cichy, second by Councilman Hunter to authorize the
entire Traffic Commission to attend this Conference.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Trujillo
NOES: Taylor
ABSENT: None
MO) It was moved by Councilman Cichy, second by Councilman Imperial to concur
in the recommendation for attendance at the Annual League of California Cities
Conference, with addition of Traffic Commission.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Trujillo
NOES: Taylor
ABSENT: None
REGULAR AGENDA CONTINUED..
5. NOTICE INVITING BIDS ON FOUR PARCELS LOCATED ON IVAR AVENUB
Assistant City Manager Dickey presented his memo dated September 22, 1976 relative
to Bid Openings stating that there were no bids received on the subject property.
Discussion followed regarding possible alternatives to the City... including zoning
and requirement for 108 over appraised value...
Attorney Dilkes related statements from prospective bidders regarding interest if
lot-splits or re-zoning were available - and suggested that Council could direct
renoticing of the bids with conditions in the contract of sale re: development...
MO) It was moved by Councilman Hunter, second by Mayor pro tem Taylor to renotice the
bids for sale of property on Ivar Avenue deleting the requirement for minimum bid
to be 10% above appraised value (renoticed at appraised value)...
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
6. RESOLUTION 76-48A. CONFIRMATION OF ASSESSMENT (GARVALIA AVE. - SOUTH SIDE)
2479 JACKSON AVE.
Attorney Dilkes read Resolution 76-48A by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING
THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (GARVALIA AVE., SO. SIDE)
2479 JACKSON AVE.
MO) It was moved by mayor pro tem Taylor, second by Councilman Hunter to waive further
reading and adopt Resolution 76-48A.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
R .
.
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9/28/76
7. PETITION/URGING SKATEBOARD ORDINANCE
MO)
8.
Assistant City Manager Dickey presented this petition dated September 10, 1976
It was moved by Councilman Imperial, second by Mayor pro tem Taylor to refer the
subject petition to the Traffic Commission for research.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
OF TENTATIVE TRACT 31238 (REVISED)
Planning, Director Sullivan. presented his memorandum dated September 28, 1976 and
posted a copy of the proposed Revised Tract Map as directed to.the Subdivision
Committee (County) from the city council, on August 10, 1976. Attached were
recommendations from the Subdivision Committee of the County of Los Angeles to deny
the revised map - but that should the revised Tentative Tract be approved it be
approved subject to the original conditions on the original Tract Map.
Gordon Kriegel, Regional Engineer addressed the Council and stated concurrence with
the recommendation of the County Subdivision Committee.
Mr. Leland Dolley, (Burke, Williams, & Sorenson) Attorney for Operating Industries
addressed the Council - stating that either street plan is acceptable to the
Developer but reiterated the Developer's objection to installation of the sound
attenuation wall.
Mr. W. J. Lockman, Engineer for the subject project addressed the Council, presenting
possible alternatives as follow:
#1 - That the Developer install a berm and wall along lots 10, 11, & 12 to meet
State Standards (including gunniting if necessary); and to sound attenuate
the structures (windows etc.) on lots 18 through 22 with installation of
an 8 foot wall between these structures. (Lot 9 mentioned with 10, 11, & 12)
Or.... #2 To deposit with the City - $25,000 toward cost of construction of required
wall (to be installed within 2 years). ($20,000 mentioned before 9:45 recess)
Discussion followed regarding the wall and cost thereof. Mayor pro tem. Taylor asked
Mr. Lockman - If the work could be done for less than the $30,000 (estimated cost of
alternative #1) would developer agree to do that...
Mr. Lockman asked to confer...
The Meeting Recessed at 9:45 P.M. The Meeting Reconvened at 10:52 P.M.
Mr. Dolley addressed the Council at this point, reviewing the alternatives and
stating the Developer's willingness to put up $25,000 (alternative #2)... This
amount to be put up with the City at the time the contract to build the wall is let
(wall to be built within a period of 2 years time)...
Mayor pro tem Taylor requested in writing the Department of Transportation's
requirement that the wall be nothing less than a "crash wall" such as presently
installed along the freeway in this area... Mr. Taylor also referred to a report
dated 8/27/76 with costs for sound attenuation walls..(Cal-Trans Report)
Mr. Lockman referred to the Environmental Impact Report which states that the cost
to the State for the existing wall along the freeway was installed at a cost of
approximately $134.00 a lineal foot.
Mr. Lockman stated objection to any report that might have been submitted to the Council
and not also submitted to the applicant/developer for this project..
Mayor pro tem Taylor requested the following in the minutes verbatim..No objection
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9/28/76
Mayor pro tem Taylor: I requested this information because the record will show
that I have been trying to find something for the people on Olney Street along the
San Bernardino Freeway. I asked Mr. Dolley about the Alhambra..I know of the Arcadia..
there are several of these problems going on. It just happens it fits in to whats
coming up right now. It has nothing to do with trying to get some evidence for this
particular incident. That is why Mr. Dickey stated that I requested it because this
is all along the San Bernardino Freeway. They call me on the phone-they say what
about some of this Revenue Sharing for sound attenuation walls. It fits in to what
we are talking about, that's all.
Attorney Dilkes stated that although the subject report was not provided to the
City council for purposes of making a determination specifically for this hearing,
but in-as-much as it does have a bearing upon it, a copy will be supplied.
Council and Developer agreed that they are looking for an equitable solution.
Mr. Lockman advised the Council of the State's position and requirement for a
"Crash Wall"..explaining that the wall would have to go adjacent to the pavement
(State Property).. The State has stated requirement for a wall similar to the one
presently installed along the freeway...
There was mutual agreement to continue this item to the regular meeting of
October 26, 1976 and that the applicant will obtain, in writing, from C61 Trans
the exact requirements for fencing along the freeway. Mr. Dolley agreed to send
a letter to the effect that the applicant is extending the time for action upon
this Tract Map.
Mayor pro tem Taylor requested staff to contact CalTrans regarding the reasons for
not installing a'wall'in'the first place..
Councilman Imperial requested a legal opinion from the City Attorney on definition
of a staff survey..(pertaining to what reports must be given the applicant)
9. LAWSUITS INVOLVING MECHANICS LIENS (CLAIMS ON COMMUNITY CENTER)
Attorney Dilkes presented the memorandum from the Assistant City Attorney
dated September 20, 1976 which explains the lawsuits and explains that the City's
involvement is only that of a stakeholder. A Stipulation Re City of Rosemead's
Participation was attached and it was recommended that the Council authorize the
City Attorney to enter into a stipulation in the form attached or as may be modified
without change in substance.
It was moved by Councilman Taylor, second by Councilman Cichy to approve the
foregoing recommendation.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
10
A. WRITTEN CORRESPONDENCE:
1) SAN GABRIEL VALLEY ASSN. OF CITIES... This letter over the signature of
Elaine W. Donaldson, President invites the City of Rosemead to be a member
of said organization.
Councilman Imperial stated interest in a San Gabriel Conference of Cities (proposed
new organization). Both organizations were discussed..
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 meeting of October 12, 1976...
t
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9/28/76
2) AIETIP... This letter dated September 16, 1976 over the signature of
Bill Brownell, Founder/Director requested the Council recommend. a.fesolution
relative to drug trafficking, support of law enforcement, and declaring
November, 1976 as we T.I.P. Month throughout the State of California.
to the League of California Cities.
Council requested information on funding..Item deferred to next regular meeting
3) SAN GABRIEL VALLEY SY14PHOIIE ASSOCIATION. This letter dated September 17, 1976
requested a contribution of $100 and invited the Council to attend the opening
concert on November 19th.
It was moved by Councilman Taylor, second by Councilman Imperial to receive & File.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
B. MATTERS FROM CITY OFFICIALS:
Councilman Cichy:
1) Requested a staff report regarding Cal Trans budget which includes walls along
freeways.
2) Requested action on consideration of an Emergency Operations Plan.
Councilman Imperial:
1) Requested action on consideration of the Public Works Act of 1976.
Assistant City Manager Dickey advised the Council that if the President signs the
Bill, the State of California would receive about $250 million - and the Cities
would apply for funds to the Economic Development Administration. He recommended
that staff be allowed to proceed with the application on a priority basis.
It was moved by Councilman Cichy, second by Councilman Imperial to authorize staff
to proceed as recommended by the Assistant City Manager
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
2) Advised the Council that he had written a letter to the El Monte Cemetery
Board regarding the present condition.
Councilman Hunter:
1) Referred to a memorandum and resolution given the council tonight regarding
an Advisory Election for a City Charter; asking that it be placed on the next
regular agenda.
2) Asked status of parking problem on LaPresa (Wards employees)
Mayor pro tem Taylor:
1) Referred to the new tract in the area of Landisview Lane and Walnut Grove Avenue;
requesting a report from Traffic Engineer Ehvvall/Traffic Commission on what the
impact might be to the area.
2) Asked what was done about flooding on Landisview Lane (around new tract)
Staff referred to a memo that had been placed in the Council boxes...
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9/28/76
3) Requested status of litigation (Bezaire)
Attorney Dilkes responded that it had not been resolved. Further information
to follow.
4) Requested staff information relative to pros & cons of a charter..
S) Requested a short summary of claims:and actions on.,same in the future..
1 .1 'oz
Councilman Hunter:
1) Stated that he and the Assistant City Manager had attended a_ seminar on
Liability Insurance and that a report would be forthcoming.
Attorney Dilkes:
1) Presented Resolution 76-66 by title..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING
EXECUTION OF THE MID-VALLEY MANPOWER CONSORTIUM JOINT POWERS AGREEMENT AND
AUTHORIZING REOSEMEAD TO JOIN SAID CONSORTIUM.
It was moved by Councilman Cichy, second by Councilman Imperial to waive further
reading and adopt Resolution 76-66.
Roll Call vote as follows:
AYES: Cichy, Hunter, Imperial, Trujillo
NOES: Taylor
ABSENT: None
Assistant City Manager Dickey:
1) Indicated a Special Meeting may be requested for consideration of the
Application for the Public Works funding...
ADJOURNMENT
It was moved by Councilman Hunter, second by Councilman Cichy & Unanimously Carried
to Adjorun.
Meeting Adjourned at 11:13 P.M.
MAYOR OF THE TY'OFROS AD
PI ROVED
CI'T'Y O RO EMEAD
DATE 7b
BY