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CC - 09-14-76r.- 0 MINUTES OF THE ROSEMEAD CITY COUNCIL SEPTEMBER 14, 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 Imperial The Invocation was delivered by Reverend Don Eubank - Foursquare Gospel Church ROLL CALL: Present:. Cichy, Hunter, Imperial, Taylor, Trujillo Absent: None Ex officio: Dickey, Dilkes, Fleischman, Foutz, Sullivan, Tripepi, Young APPROVAL OF MINUTES - AUGUST 24, 1976 Deferred to Next Meeting 1. PUBLIC HEARINGS: A. ORDINANCE 420. ADOPTING ANIMAL CONTROL ORDINANCE BY REFERENCE Attorney Dilkes read Ordinance 420 by title. AN ORDINANCE OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, ORDINANCE NO. 4729 OF THE COUNTY OF LOS ANGELES ENTITLED "THE ANIMAL CONTROL ORDINANCE" AND AMENDING THE ROSEMEAD MUNICIPAL CODE. Mayor Trujillo requested anyone wishing to address the Council on any of the Public Hearings to please stand and be sworn ...City Clerk Young administered the oath... The Hearing Opened at 8:10 P.M. No one responded and it closed immediately. It was moved by Mayor pro tem Taylor, second by Councilman Imperial to waive further reading and adopt Ordinance 420. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None B. RESOLUTION 76-48A. CONFIRMING ASSESSMENTS (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 THERE (GARVALIA AVE., SOUTH SIDE 2479 JACKSON AVE) The Hearing Opened at 8:11 P.M. Mrs. Valderama, 2414 Paljay, Rosemead (re: 2479 Jackson Ave.) addressed the Council regarding this assessment - indicating no complaint about the amount of the assessment but expeessed disagreement regarding her driveway that was damaged during the work; and to grades. The Hearing was closed at 8:20 P.M. Council concurred that Staff should meet with Mrs. Valderama and prepare a recommendation for the Council. Resolution deferred to Next Meeting... C. RESOLUTION 76-49A. CONFIRMING ASSESSMENTS (2441 & 2447 JACKSON AVE.) Attorney Dilkes read Resolution 76-49A by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (JACKSON AVE., NEST SIDE).. 2441 & 2447 JACKSON AVE. The Hearing opened at 8:30 P.M. No one responded and it closed immediately. Page Two Council Minutes 9/14/76 It was moved by Mayor pro tem Taylor, second by Councilman imperial to waive further reading and adopt Resolution 76-49A. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 2. ORAL COMMUNICATIONS FROM THE AUDIENCE A. MR. LOREN RIGHTMEIER,8724 Valley Blvd., Rosemead... Addressed the Council regarding recent staff actions relative to complaints against his.property. B. MR. ROBERT RITCHIE, 9355 Glendon Way, Rosemead... Addressed the Council regarding actions and procedure of noticing special meetings urging Council to take actions at regularly scheduled meetings. 3. LEGISLATIVE: A. ORDINANCE 421. AMENDING REQUIREMENTS OF THE PO ZONE Attorney Dilkes read ordinance 421 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE REQUIREMENTS OF THE P-0 ZONE BY DELETING THE PRESENT PART VIII OF THE ROSEMEAD MUNICIPAL CODE AND ENACTING A NEW PART VIII THEREIN. It was moved by Mayor pro tem Taylor, second by Councilman Imperial to adopt ordinance 421. Roll Call Vote as follows: AYES: Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None ABSTAIN: Cichy B. ORDINANCE 422. AMENDING MUNICIPAL CODE SECTION 2704 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 Cichy, second by Councilman Imperial to waive further reading and Introduce Ordinance 422. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None The Meeting Recessed at 8:58 P.M. The Meeting Reconvened at 9:12 P.M. ORAL(COMMUNICATIONS REOPENED... No Objections by Council C. Mr. Alex Vollaire of Muscatel Ave. and Ms. Bessie Epps of Palmcreek Drive addressed the Council expressing their concern and that of their neighbors of the problems experienced during the recent rain with the,new Development (Tract 32079) on Landisview Lane. They presented pictures taken of the drainage, silt, and cracks in the hillside and stated objection to the present drainage plan for the Tract. They also complained of the construction materials blocking the sidewalks. • Page Three Council Minutes 9/14/76 It was moved by Councilman Hunter, second by Councilman Imperial that Council instruct Staff to get with the County Engineer on a priority basis to solve the immediate problem and to report back to Council with alternatives to solve this problem for the future. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 4. CONSENT CALENDAR: CC-D, CC-E, and CC-F were removed for discussion CC-A RESOLUTION 76-60. CLAIMS AND DEMANDS Recomm: Waive Reading and Adopt CC-B CLAIM AGAINST CITY/COLEMAN & SCHUBERT Recomm: Reject Claim CC-C CLAIM AGAINST CITY/OLIVIA ISABEL LUNA Recomm: Reject Claim It was moved by Councilman Cichy, second by Councilman Imperial to approve the Consent Calendar Items A, B. & C and Concur in Recommendations. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None CC-D ANNEXATION UPDATE (Landisview Lane & Muscatel Ave) Recomm: Receive Administrative Assistant Hannah reported that most information for the applications to LAFCO was finalized today and that maps are being prepared by the County Engineers office. He indicated the probable approval by LAFCO due to the attempt to annex the entire island as opposed to the portioning-He stated a current 50% to 60% for the proposed annexation and a 40% to 50% opposition. It was moved by Councilman Cichy, second by Mayor pro tem Taylor to receive the report. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None CC-E AGREEMENT WITH FAMILY COUNSELING SERVICE OF WEST SAN GABRIEL VALLEY Recomm: Approve Agreement & Authorize Mayor to Execute Mr. Leland Gunn, President of the Board of Directors of Family Counseling addressed the Council urging approval of the Agreement ($3,000).. Discussion followed regarding services provided, duplication of effort, and funding provided through other City sponsored projects. It was moved by Councilman Imperial, second by mayor Trujillo to approve the Agreement and authorize the mayor to execute. Roll Call vote as follows: AYES: Imperial, Trujillo NOES: Cichy, Hunter, Taylor ABSENT: None • Page Four Council Minutes 9/14/76 The Meeting Recessed at 9:52 P.M. • The Meeting Reconvened at 10:08 P.M. CC-F ADOPTION OF BUDGET FOR FISCAL YEAR 1976-77 Recomm: Adopt Final Budget as Presented Council expressed concern of the increased Law Enforcement Budget (158 increase and 40% higher than last budget).. Discussion of viable alternatives followed.. Staff to research and study alternative plans and report to Council... (to include independent city % of increase).. Concern of $10,000 budgeted in account 2179 was expressed by Councilman Imperial. Acct. 9613 - $3,000 discussed. It was moved by Mayor pro tem Taylor, second by Councilman Cichy that the $3,000 in account 9613 be deleted from the budget. Roll Call Vote as follows: AYES: Cichy, Imperial, Taylor, Trujillo NOES: Hunter ABSENT: None It was moved by Councilman Hunter, second by Councilman Imperial to adopt the Budget for Fiscal Year 1976-77 (with changes as indicated above). Roll Call vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 5. CONSIDERATION OF $500 DONATION - WEST SAN GABRIEL VALLEY HEALTH FAIR City Manager Tripepi advised the Council of action by surrounding cities. It was moved by Mayor pro tem Taylor, second by Councilman Imperial to receive the request and take no:action. Roll Call vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 6. C014SIDERATION OF PROPOSAL FOR RIGHT-OF-WAY ACQUISITION/SAN GABRIEL BLVD. (H.M. Scott) City Manager Tripepi presented,the letter of proposal for right-of-way acquisition dated September 9, 1976 from H. M. Scott & Associates, Inc, with estimated costs of $55,000; and recommended a contract be prepared and the mayor authorized to execute. It was moved by Councilman Hunter, second by Councilman Cichy to accept the proposal from H. M. Scott & Associates and authorize the Mayor to execute the Agreement. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None 7. COMMUNICATIONS: A. WRITTEN CORRESPONDENCE: 1) NOTICE OF CONTRACT CITIES MEETING..... Received 2) MAILGRAM/SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT It was moved by Councilman Cichy, second by Councilman Hunter that this Council support the stand of the RTD Board of Directors against inflationary rates with the following Resolution: • 0 Page Five Council Minutes 9/14/76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT IN ITS STAND IN THE PRESENT STRIKE LED BY THE UNITED TRANSPORTATION UNION. Roll Call Vote as follows: AYES: Cichy, Hunter, Taylor, Trujillo NOES: Imperial ABSENT: None B. MATTERS FROM CITY OFFICIALS: Councilman Taylor: 1) DISCUSSION OF PLANNING COMMISSIONER... Councilman Taylor requested verbatim minutes of the following discussion..No Objections from Council... Mayor Trujillo: Councilman Taylor, you requested to discuss Planning Commissioner.. Taylor: Yes, the Council had not had information previously which I requested that they be given and whatever consideration they have given to this information - if they have given it any..and I would "again make the motion that there be a new apointee to the Planning Commission - or perhaps first that Mr. DeTora be removed from the Planning Commission. Trujillo: Councilman Taylor - All Council Members did receive that memorandum. You have made a motion. Is there a second to the motion? Motion dies for lack of a second. Imperial: Even though the motion died for lack of a second, I would like to know what this is all about. I am a little bit in the dark. Trujillo: Councilman Imperial, we have discussed this item and I don't think it is necessary to keep on dragging it out publically myself. Imperial: Madame Mayor - that is the reason that I want an explanation because I don't think there is any reason to drag it out. Trujillo: That is correct. I agree with you.. Imperial: Madame Mayor - as a Council Person and responsible to X amount of people I deserve an explanation. Trujillo: You want to hear it again. Alright..Councilman Taylor Taylor: As far as I am concerned, I have an obligation - no matter what the issue is to bring it to this Council and that is one of the priorities required . under ...well in researching several incidents in the past that is the first thing a Councilman must do is give the governing body the option to take action on it. And as far as I'm concerned, I've taken enough action on it and I have presented it tonight and the issue was chosen to not be acted upon by this Council and as far as I'm concerned.it is a dead issue now,- with this council. Trujillo: Yes it is. Councilman Imperial did you have anything else to say? Imperial: Yes Madame Mayor, I am very happy to hear Councilman Taylor say it is a dead issue - I am tired of hearing.. Taylor: With this Council Mr. Imperial.. Imperial: (After mayor requesting two Councilmen to go through Chair) I am very happy to hear it is a dead issue because I think I have heard enough about it and I am well aware of what the situation is. I feel there is no basis for this thing. I feel that-:........ if any member of this Council had any complaints..Any accusation to make, then I believe that that Council Person has an obligation to this Community - to this Council to make that accusation and get this thing out into the open. If there is no accusation to be made then I very well feel that it should be a dead issue and not to be brought-up anymore. Taylor: Madame Mayor.. Page Six Council Minutes 9/14/76 • Trujillo: Councilman Taylor - We have had enough discussion on this... Taylor: No, I think you are missing the point. Was this information given to Mr. Imperial? Trujillo: It was distributed to all council Members.. Taylor: No no wait a minute. Mr. Imperial says he doesn't understand it. Mr. Imperial, do you have the information? Trujillo: Gentlemen..The Chair is going to rule on this..We are not going to get into a public debate.If two Council Members wish to discuss this item privately, fine.. right now the hour is getting late and I would like to get into matters from City Officials... Councilman Cichy, do you have anything? Imperial: Madame Mayor, I don't like being censored. I don't think the strike of that gavel is going to resolve this issue Madame Mayor. Trujillo: Councilman Imperial, this is something that can be discussed in private. I will not have two Council Members debating something that has been discussed at previous meetings already. Imperial: O.K., May i just answer Councilman Taylor's question.. Hunter: If I might..The Chair is in order..and properly done. Mr. Taylor made a motion, it died for lack of a second. He stated that it was a dead issue.And the Chair is in order and I will support you in it. Taylor: One thing Madame Mayor. Will you so put it in the minutes that it is a dead issue with this Council. Mayor Trujillo: Fine.... Councilman Cichy: 1) Referred to increase of traffic accidents in the City even though citations are up..Requested possible Traffic Commission study.. 2) Asked that Staff attend the Prop 9 Meeting and make an oral report to Council. No Objections to Staff and Committee (Imperial a Taylor) attending meeting on September 29th. 3) Referred to a meeting attended by Councilman Imperial with regard to Agenda Outlines.. Councilman Imperial: 1) Reported on Outline suggested at meeting mentioned by Mr. Cichy - stating that we pretty much follow the pattern that they did in this conference.. Referred to packet made available to Council People.. Councilman Hunter: 1) Referred to a Petition handed to him at 5:00 p.m...which was copied and passed out to Council Members.... containing 24 signatures.. as follows: For the past several years, the employees of Montgomery Wards have used the streets of LaPresa and Bartlett for all day parking, necessitating the resident, their family and friends to park mid-way down the block. Ile have watched the street cleaner drive down the center of the street through no choice of his own. It does not seem unreasonable for us to suggest that Montgomery-Wards provide their employees with off-the-street parking. It was moved by Councilman Hunter, second by Councilman Taylor that Staff (mainly the City Manager) get with the Traffic Engineer and work out this problem immediately. Roll Call Vote as follows: AYES: Cichy, Hunter, Imperial, Taylor, Trujillo NOES: None ABSENT: None Mayor Trujillo requested Council notification of time and place of meeting... Page Seven Council Minutes 9/14/76 2) Asked the City Attorney to advise on a personnel session which involves a person in a non-profit organization in the City - with possible litigation. The Meeting Recessed at 10:48 P.M. The Meeting Reconvened at 10:58 P.M. Attorney Dilkes stated that he conferred with Councilman Hunter and the matters raised are of possible serious criminal activity. Mr. Dilkes recommended that he refer the item to City Manager Tripepi and himself and that they would look into the matter and report back to him. Councilman Taylor; 2) Requested verbatim discussion on the Planning Commissioner (tonight) to close out the item.. No Objections.. 3) Asked for copy of Santa Rosa Charter.. 4) Requested a map for the CBD relative to decorative lighting.. (showing boundaries..) 5) Invited any information from Staff or Council regarding a Charter.. 6) Requested a report on the Card vs. Merit Court Case (So. Pasadena).. Mr. Dilkes referred this to Agency Attorney Wallin... 7) Referred to problem with refrigeration trucks parking on San Gabriel Blvd. adjacent to some residential property. ROBERT DE COKER, 8617 Landisview Lane, Rosemead... referred to the subject problem and suggested that signs - such as they have posted in So. E1 Monte - might be posted, restricting this parking... Assistant City Manager Dickey reported that contact was made with Carrows Restaurant and that they stated efforts would be made to have deliveries made without refrigeration running. Mr. Dickey referred to a complaint received just today. Referred to Traffic Commission.. Councilman Imperial suggested that the area be painted for autos - with red area in between which would eliminate parking for trucks. Mayor Trujillo suggested that a weight restriction might accomplish the same thing. Mayor Trujillo: 1) Stated repeated complaints from residents near Walnut Grove and Klingerman due to length of signal.. Asked that the signal be checked. . 2) Reported that Councilman Imperial, Assistant City Manager Dickey and she had attended the meeting of the Mid-Valley Manpower Consortium last evening. The Board took action to approve Rosemead's admittance to the Consortium - but that according to their By-Laws, that recommendation has to go to each of the 5 cities now belonging to the Consortium. Mayor Trujillo advised that due to contract with the County (about 1st of Oct.) Rosemead should be prepared with necessary legal document and appointment of two Council Members for the Board. Councilman Hunter Nominated Councilman Imperial and Councilman Taylor to represent the City of Rosemead on that Board (if accepted).. Councilman Taylor declined the nomination.. It was moved by Mayor Trujillo, second by Councilman Hunter to appoint Councilman Imperial and Councilman Cichy to the Board for the Mid-Valley Manpower_ Consortium. Page Eight council minutes 9/14/76 Roll Call Vote as follows:' AYES: Hunter, Imperial, Taylor, Trujillo NOES : None ABSENT: None ABSTAINi Cichy - - City Attorney Dilkes: 1)""Reported on summons & complaint served by Emma Huff (claim denied 3/16/76) That will be transmitted to the County Counsel and they have assured him that they will represent the City.- 2) Asked for Executive Session regarding this item which involved litigation and offer for settlement... Meeting Adjourned at 11:17 P.M. Meeting Reconvened at 11:37 P.M. Attorney Dilkes reported that Council met in executive session to discuss a matter of litigation on file in the Los Angeles Superior Court. The council voted to reject the matter at this time and continue discussion with the other party. Also instructed to proceed to prepare the case for trial... City Attorney to prepare further information for distribution to Council... C. ORAL COMMUNICATIONS FROM THE AUDIENCE... There were none... ADJOUR1414ENT : It was moved by Councilman Hunter, second by Councilman Imperial and unanimously carried to adjourn. Meeting Adjourned at 11:40 P.M. MAYOR OF THE CITY~SE~~