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CC - 06-10-75MINUTES OF THE ROSEMEAD CITY COUNCIL ROSEMEAD, CALIFORNIA JUNE 10, 1975 1. 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 and called to order at 8:00 p.m. by Mayor Paul S. Taylor The Pledge of Allegiance was led by Councilman Andersen The Invocation was delivered by Reverend Tom Phillips of the Church of Christ 2. ROLL CALL: Present: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo Absent; None ex officio: Davenport, Foutz, Durham, Sonju, Tripepi, Watson Audience: Chandler, Burbank, 3. APPROVAL OF MINUTES: MAY 27, 1975 - REGULAR MEETING It was moved by Councilman Andersen, second by Mayor pro tem Trujillo to approve the minutes as written. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None PUBLIC HEARINGS 4. ZONE CHANGE CASE 70A (OVERLAY-ROSEMEAD BLVD.) Planning Director Sonju presented the factual data and Planning Commission Resolution 75-21 approving this zone change. Mayor Taylor requested anyone wishing to address the Council to please stand and be sworn. There were none The Hearing was opened at 8:03 p.m. No one responded and it closed immediately. It was moved by Mayor pro tem Trujillo, second by Councilman G. Taylot to approve the addition of the D overlay to the CO zone at 3925, 3919, 3907 Rosemead Boulevard and 8945 Guess St. in the City of Rosemead Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None i 5. MODIFICATION OF DEVELOPMENT PLAN/TENTATIVE TRACT 32079 (Landisview fin) Planning Director Sonju presented the factual data and Planning Commission Resolution 75-19 recommending approval of this modification. Mayor Taylor requested anyone wishing to address the Council to please stand and be sworn. City Clerk Davenport administered the Oath.. The Hearing was opened at 8:23 p.m. Page Two Council Minutes June 10, 1975 PROPONENTS: i Richard Parker - Carpenters Local 1507 - El Monte (create jobs). Phil Berger of Pace Engineering Inc. - Representing Developers OPPONENTS: There were none The Hearing was closed at 8:33 p.m. It was determined that the Final Tract T1ap would be coming before the Council in 90-120 days. The private park was discussed - including question of maintenance.. The hearing was Reopened at 8:50 p.m. Mr. Faught - 8739 Palm Creek Dr. - 101 N. Muscatel - Rosemead addressed the Council favoring the park.. The Hearing was closed at 8:55 p.m. It was moved by Mayor pro tem Trujillo, second by Councilman Andersen to approve the changes in the Development Plan (Revised Tentative Tract 32079). Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 6. APPEAL TO CONDITIONAL USE PERMIT NO. 84 (GORDO'S PLACE) City Manager Tripepi read the letter of appeal to a decision of the Planning Commission to deny Conditional Use Permit No. 84. Planning Director Sonju presented the factual data.. Sgt. Frank Tryonoviech of the Temple Sheriff's Station reported on police incidents. Mayor Taylor requested anyone wishing to address the Council to please stand and be sworn. City Clerk Davenport administered th Oath.. PROPONENTS: I w- Philip Fausnet, 9128 S. Cord, Downey (owner of Gordo's) The following was discussed and made part of the Record: 1) Staff Report - 4 pages - on Conditional Use Permit No. 84 prepared for the March 17, 1975 Planning Commission meeting. 2) Addendum Staff Report on the Tiki Room and Gordo's Place prepared for the April 7, 1975 Planning Commission meeting ( 7 pages). - Morris Fox, Executive Director of the California Dining and Beverage Association - #1 City Blvd. West - Orange, Ca. 92668 - Howard Elliott - 2772 N. Charlotte - Rosemead Robert Ritchie - 9355 Glendon Way - Rosemead Loren Rightmeier - 8724 Valley Blvd. - Rosemead 0 Page Three Council Minutes June 10, 1975 OPPONENTS: 0 Dr. Adolph Perlmutter - 825 White Acres Rd. - W. L.A. (owner of the Mt. View Apts.) - Robert De La Garza - 7514 Garvalia - Rosemead REBUTTAL: - Morris Fox - Philip Fausnet QUESTIONS AND CLARIFICATION: - Paul Robert - 7826 E. Graves - So. San Gabriel addressed the Council regarding the general use of his parking lot. The Meeting Recessed at 10:20 p.m. It Reconvened at 10:37 p.m. - Mr. Fausnet continued.':. The Hearing closed at 10:43 p.m. Attorney stated in answer to the letter of Appeal from Mr. Fausnet." that in his opinion, ordinance 274 was adopted in a legal manner and that proper legal notice had been given. He referred to a 1961 Court Opinion for the city of San Leandro... Councilman G. Taylor asked for a clarification to the term "Grandfather Clause".. Attorney Watson explained that it is another term for a legal non-conforming use and that there are usually amortization. clauses within. Due to questions re parking, the Public Hearing was Reopened at 10:54 p.i - Paul Robert stated that he does not voluntarily let anyone in the area use his parking lot ( previously parking lot of Tiki Rm) and that permission is given to only the tenant in the house behind Gordo's for access through his parking lot to the house. The Hearing was closed at 11:56 p.m. It was moved by Mayor pro tem Trujillo, second by Councilman Cichy to grant Conditional Use Permit No. 84 - reversing the Planning Commission action - contingent upon payment of $73.00 due the City for a transcript. Substitute Motion: It was moved by Councilman Andersen, second by Mayor Paul Taylor to reverse the Planning Commission decision and grant Conditional Use Permit No. 84 subject to the following conditions: 1) Comply with the requirements of the Building Department. 2) Comply with the requirements of the L.A. County Fire Department 3) Remove residential unit and accessory buildings and install parking lot to provide 12 parking spaces and adequate access on the rear portion of the property. 4) Pave and stripe the driveway to the satisfaction of the City Engineer. Page Four Council Minutes June 10, 1975 5) Install concrete bumper stops. 6) Provide two 500 watt yard lights directed away from residential to illuminate the parking lot. 7) Comply with Section 5401-5415 which deals with the storage, collections, accumulation, and disposal of garbage, rubbish, and trash and debris. 8) Door to remain closed at all times during hours of operation. 9) Hours of operation shall be limited to 12 noon to 12 midnight 10) Provide trash containers and maintain the property, parking area, and sidewalks in a clean, litter free state. 11) An affidavit of agreement to be filed with the Planning Department within 10 days after approval by the Planning Commission or this permit will be void. 12) Compliance with these conditions is required within 60 days of approval or the Conditional Use Permit is void. 13) The Conditional Use Permit is approved for a period of one year at which time it may be reviewed for renewal by the Planning Commission without a public hearing. 14) That the $73.00 fee due the City be paid. It was moved by Councilman G. Taylor, second by Mayor pro tem Trujillo to AMEND THE FOREGOING SUBSTITUTE 140TION to change the conditions as follows: 1) Comply with the requirements of the Building Department. 2) Comply with the requirements of the L.A. County Fire Department 3) delete 4) delete 5) delete 6) delete 7) Comply with Section 5401-5415 which deals with the storage collections, accumulation, and disposal of garbage, rubbish, and trash and debris. 8) Door to remain closed at all times during hours of operation... 9) Hours of operation shall be limited to 12 noon to 12 midnight 10) Provide trash containers and maintain the property, parking area,.and sidewalks in a clean, litter free state. 11) An affidavit of agreement to be filed with the Planning Department within 10 days after approval or this permit will be void. 12) Compliance with these conditions is required within 60 days .of approval or the Conditional Use Permit is void. 13) The Conditional Use Permit is approved for a period of two years at which time it may be reviewed for renewal by the Planning Commission without a public hearing. 14) That a $73.00 fee due the City for a transcript be paid. • Page Five Council Minutes June 10, 1975 Roll Call Vote as follows: ON AMENDED SUBSTITUTE MOTION AYES: G. Taylor, Cichy, Trujillo NOES:. Andersen, P. Taylor ABSENT: None Roll Call Vote.as follows: ON SUBSTITUTE MOTION AS AMENDED AYES: Cichy, G. Taylor, Trujillo NOES: Andersen, P. Taylor ABSENT: None The Meeting was Recessed for change of Tape. It Reconvened immediately (11:25 p.m. and 11:29 p.m.) Due to the Lateness of the Hour agenda items were taken out of sequence..." 11. CONSIDERATION OF TIME EXTENSION - 3421 N. LA FAYETTE City Manager Tripepi referred the Council to the recent letter from the City Attorney's office regarding Building Rehabilitation, Procedures. rir. A.C. Maxfield - 3421 LaFayette - Rosemead .(owner of property).- addressed the Council asking for 30 days instead of an additional two-week extension. It was moved by Councilman Andersen, second by Councilman G. Taylor to take no action on this item for two weeks to permit Mr. Maxfield time to comply with rehabilitation board requirements for extension of time. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None Dlr. Maxfield was advised to meet with the City Manager for help in procedure... DEFERRED ITEMS: Agenda items 9, 14, & 17 15. CONSIDERATION OF FLOOD INSURANCE PROGRAM - RESOLUTION 75-41 City Manager Tripepi introduced Mr. Howard Hargis of the County Engineer's office who explained the Federal Disaster Protection Act of 1973. Mr. Hargis and Mr..Tripepi advised the Council that efforts will be continued to have Rosemead's Hazard Map amended... Attorney Watson read Resolution 75-41 by title. A RESOLUTION OF THE ROSEMEAD CITY COUNCIL AUTHORIZING PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM. It was moved by Councilman Andersen, second by Mayor P. Taylor to waive further reading and adopt Resolution 75-41. Roll Call Vote as follows: AYES: Andersen, Cichy, P. Taylor, Trujillo NOES: G. Taylor ABSENT: None Page Six Council Minutes June 10, 1975 7. ORDINANCE 398. ESTABLISHING A HUMAN RESOURCES Attorney Watson read Ordinance 398 by title. AN ORDINANCE OF THE CITY OF ROSEMEAD ESTABLISHING A HUMAN RESOURCES COMMISSION AND AMENDING THE MUNICIPAL CODE. It was moved by Mayor pro tem Trujillo, second by Councilman Andersen to waive further reading and adopt Ordinance 398. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None D 8. ORDINANCE 399. AMENDING 2903B OF THE MUNICIPAL CODE (PERSONNEL) II Attorney Watson presented Ordinance 399 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING COUNCIL APPROVAL OF THE APPOINTMENT OF CERTAIN CITY EMPLOYEES AND AMENDING THE MUNICIPAL CODE. It was moved by Councilman Andersen, second by Councilman G. Taylor to waive further reading and adopt Ordinance 399. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 9. DEFERRED TO 6/24/75 10. CONSIDERATION OF CONTRIBUTION TO BIENVENIDOS ($108 for Sheriff's) City Manager Tripepi presented the request for funds from Bienvenidps and opinion from the Assistant City Attorney dated June 5, 1975. It was moved by Mayor pro tem Trujillo, second by Councilman Andersen to approve the requested $108 contribution for payment of off-duty sheriff costs for a fund-raising dance for camperships. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 11. SEE RECORDING OF # 11 ABOVE... 12. RESOLUTION 75-42. CLAIMS AND DEMANDS. City Treasurer Foutz presented Resolution 75-42 by title. A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $44,362.80 AND DEMANDS NOS. 19060-19138 It was moved by Councilman Andersen, second by Mayor pro tem Trujillo to waive further reading and adopt Resolution 75-42. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None .f - Page Seven Council Minutes Juen 10, 1975 0 0 13. CONSIDERATION OF USE OF REVENUE SHARING FUNDS. City Manager Tripepi presented his memo dated June 6, 1975 regarding General Revenue Sharing with the recommendation that if Council has no preference he would suggest holding special public hearings on revenue sharing; It was moved by Mayor pro tem Trujillo, second by Councilman G. Taylor to approve the foregoing recommendation. Unanimously carried... 14. DEFERRED TO JUNE 24, 1975 15. SEE RECORDING ABOVE 16. ACCEPTANCE OF EASEMENT FOR SEWERS/PRIVATE CONTRACT 74-2 City Manager Tripepi presented this easement for formal acceptance. It was moved by Councilman Andersen, second by Mayor pro tem Trujillo to accept the easement for Rosemead Private contract 74-2 signed by Bluth Development .(Search 1696, Parcel 1). Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 17. DEFERRED TO JUNE 24, 1975 18. CONSIDERATION OF COMMUNITY SCHOOL AGREEMENT/ROSEMEAD SCHOOL DISTRIC'T' Recreation Director Burbank presented this 5-year Agreement for the use of School Property by City for Community Recreation Activities. It was moved by Councilman G. Taylor, second by Mayor pro tem Trujillo to approve this agreement and authorize the Mayor to execute. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 19. APPROVAL OF MONTHLY PURCHASE ORDER - TREE TRIMMING SERVICE City Ptanager Tripepi presented the informal bids received for tree trimming for the month of June and recommendation that the low bid from Johnson Tree Service be accepted and the monthly purchase order made out to same... It was moved by Councilman Andersen, second by Mayor pro tem Trujillo to approve the foregoing recommendation. Roll Call Vote as follows: AYES: Andersen, Cichy, G. Taylor, P. Taylor, Trujillo NOES: None ABSENT: None 20. CONSIDERATION OF REDEVELOPMENT AGENCY MEETING PLACE AND TIME There were no objections to the Executive Director asking two members of the Agency to call a Special Meeting of the New Agency for Tuesday, June 17th at 7:30 p.m. and making notice of same. 6 Page Eight Council Minutes June 10, 1975 MATTERS FROM eITY OFFICIALS: 1) Mayor Pau Tay or requeste that the following verbatim statement be made part of the record: That the present Rosemead Redevelopment Agency was disolved by the wish of the City Council and not by any wrong doing or misconduct or failure to act on the part of Agency Members. 2) Mayor Taylor stated that he has a request from the Kiwanis Club to use the strain poles for announcement of a club function. He will get the dates and submit it to Council. It was moved by Mayor pro tem Trujillo, second by Councilman Andersen to approve the Kiwanis' Request. Unanimously Carried... Councilman Gary Taylor: 1) Questioned the attendance by Ignacio Garcia at a meeting to be held in San Diego the end of June (after he is no longer an Agency Member). % Attorney Watson replied that expenditure of funds after Mr. Garcia's termination as an Agency Member would not be proper unless authorized bNthe Council or New Agency. 2) Questioned the legal requirements for a park in Tracts - especially: referring to Tentative Tract 32079 (Landisview Lane).. Planning Director Sonju replied that Regional Planning set the park in Tract 32079 as a recommended requirement for approval of the Tract-.. City Treasurer Foutz: 1) Reminded the Council of Flay Day Ceremonies at the Rosemead Square. Shopping Center on Saturday, June 14th... There being no further business to come before the Council, It was moved by Mayor pro tem Trujillo, second by Councilman G. Taylor to adjourn to a Budget Study Session on Friday, June 13, 1975 at 7:30 a.m. Unanimously Carried... Meeting Adjourned at 12:25 a.m. (6/11/75) CITY LERK LPAYOR OF THE CITE ~Q~~ EMEAD City Of tRoseynead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213) 288.6671 NOTICE OF ADJOURNMENT OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL - JUNE 10, 1975 NOTICE is hereby given that the regular meeting of the Rosemead City Council held June 10, 1975 was adjourned to Friday, June 13, 1975 at 7:30 a.m. to be held in the Conference Room of the Rosemead City Hall - 8838 East Valley Blvd. - Rosemead, Ca. 91770 Dated & Posted: June 11, 1975 MAYOR: PAULS.TAVLOR Q)t". Nata~v~~ Jen Dave ort - Ci Clerk MAYOR PRO TEM. ROBERTA V. TRUJILLO COUNCIL MEMBERS: ARNOLD C. ANDERSEN MARVIN J. CICHY GARY A. TAYLOR