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CC - 11-13-73CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL NOVEMBER 13, 1973 A Regular Meeting of the Rosemead City Council was held in the Council Chambers of City Hall, 8838 East Valley Boulevard and called to order by Mayor Pike at 8:00 p.m. 1. ThePledge of Allegiance was led by Councilman Maude. The Invocation was delivered by Reverend Kenneth Mathis of the Rosemead Church of Christ. 2. ROLL CALL' Present: Councilmen: Andersen, Hunter, Maude, Pike, Taylor Absent: Councilmen: None Ex officio: Davenpor*;, Foutz, Gunn, Miller, Tripepi, Watson 3. APPROVAL OF MINUTES: OCTOBER 30, 1973 - ADJOURNED REGULAR MEETING Mayor Pike asked that item 8 11 be corrected to delete the words in the recommendation *VA3haahra-Free-Serviee. There were no objections.. It was moved by Councilman Maude, second by Councilman Hunter and unanimously carried that the minutes of October 30, 1973 be approved with the foregoing correction. PUBLIC HEARINGS 4. CBD ZONE. ZONE CHANGE CASE NO. 65. INTRODUCTION OF ORDINANCE. Planning Director Miller presented the factual-data and recommendatiop from the Planning Commission for approval. Mayor Pike asked anyone wishing to address the Council to please stand and be sworn in. The Oath was administered by City Clerk Davenport. The hearing was declared opened at 8:12 p.m. OPPONENTS: Mrs. Joe Vannoy, 8914 Nevada Ave.. Rosemead. PROPONENTS: Mr. James Como, 9308 E. DeAdalena, Rosemead. Mr. Raoul Zwick, 8737 Zerelda, Rosemead. Mr. Burl Blue, 9046 Valley Blvd. (business), Rosemead. Mr. Pat Cleveland,-4108 Claudia, Rosemead. The hearing was closed at 8:22 p.m. Attorney Watson presented Ordinance No. 366 by title. AN ORDINANCE OF THE CITY OF ROSEMEAD CHANGING THE ZONE OF CERTAIN PROPERTY AND AMENDING THE ROSEMEAD MUNICIPAL CODE (ZONE CHANGE CASE NO. 65) It was moved by Councilman Taylor, second by Councilman Andersen to waive further reading and Introduce Ordinance No. 366. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Taylor NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Maude, Pike 0 0 Page Two C/C Minutes 11/13/73 Councilmen Maude and Pike stated that they had abstained due to possible conflict of interest. Confirmation of Assessments - Mission Drive Undergrounding: 5. RESOLUTION NO. 73-101. N/S MISSION (WILLARD-EARLE) Assistant City Manager Tripepi stated that the underground conversions for this project are now completed, that all properties were Oosted and all property owners notified, and that the total assessment is $556.00. One written protest was received. Mayor Pike requested that anyone wishing to address the Council please stand and be sworn in. There were none. The hearing was declared open at 8:33 p.m. No one responded and it closed immediately. Attorney Watson presented Resolution 73-101 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (MISSION DRIVE, NORTH SIDE, WILLARD AVENUE TO EARLE AVENUE) It was moved by Councilman Andersen, second by Councilman Taylor that further reading be waived and Resolution 73-101 be adopted. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 6. RESOLUTION NO. 73-102. S/S MISSION (BARTLETT-WALNUT GROVE) Assistant City Manager Tripepi stated that the underground conversions for this project are now completed, that all properties were posted and all property owners notified of this hearing, and that the total assessment is $228.00. 4 Mayor Pike requested anyone wishing to address the Council to please stand and be sworn in. There were none. The hearing was declared open at 6:34 p.m. No One responded and it closed immediately. Attorney Watson presented Resolution No. 73-102 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN, (MISSION DRIVE, SOUTH SIDE, BARTLETT AVENUE TO WALNUT GROVE AVENUE). It was moved by Councilman Taylor, second by Councilman Maude to waive further reading and adopt Resolution No. 73-102. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 7. RESOLUTION NO. 73-103. B/S MISSION (MUSCATEL-BARTLETT) Assistant City Manager Tripepi stated that the underground conversiong for this project are completed and that all properties were posted and all property owners notified of this hearing, and that the total assessments are $2,998.00. Mayor Pike requested anyone wishing to address the Council to please stand and be sworn in. There were none. • . . • Page Three C/C Minutes 11/13/73 The hearing was declared open at 8:36 p.m. No one responded and it closed immediately. Attorney Watson presented Resolution No. 73-103 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (MISSION DRIVE, BOTH SIDES, MUSCATEL AVENUE TO BARTLETT AVENUE). It was moved by Councilman Maude, second by Councilman Andersen to waive further reading and adopt Resolution No. 73-103. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 8. RESOLUTION NO. 73-104. S/S MISSION (IVAR-MUSCATEL) Assistant City Manager Tripepi stated that the underground conversions for this project are now completed, that all properties were posted and all property owners notified of this hearing, and that the total assessment is $2,300.00. Mayor Pike requested anyone wishing to address the Council to please:: stand and be sworn in. No one responded. The hearing was declared open at 8:37 p.m. No one responded and it closed immediately. Attorney Watson presented Resolution No. 73-104 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA$ CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (MISSION DRIVE, SOUTH SIDE, IVAR AVENUE TO MUSCATEL AVENUE). i It was moved by Councilman Hunter, second by Councilman Andersen to waive further reading and adopt Resolution 73-104. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor. NOES: Councilmen: None ABSENT: Councilmen: None 9. RESOLUTION NO. 73-105. S/S MISSION (ROSEMEAD-IVAR) Assistant City Manager Tripepi stated that the underground conversions for this project are now completed, that all properties were posted and all property owners notified of this hearing, and that the total`` assessment is $39300.00. Mayor Pike requested anyone wishing to address the Council to please, stand and be sworn in. There were none. The hearing was declared open at 8:38 p.m. No one responded and it closed immediately. Attorney Watson presented Resolution No. 73-105 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,' CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (MISSION DRIVE, SOUTH SIDE, ROSEMEAD BLVD. TD IVAR AVENUE) It was moved by Councilman Andersen, second by Councilman Hunter to waive further reading and adopt Resolution No. 73-105. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None • Page Four C/C Minutes 11/13/73 UNFINISHED BUSINESS 0 10. CONSIDERATION OF OFFER TO SELL PROPERTY - GARVEY SCHOOL DISTRICT. City Manager Gunn presented the letter offering the"Newmark Site" and recommended that due to change of plan in Redevelopment Project Area No. 1, the City not follow through with acquisition of the subject property. It was moved by Councilman Pike, second by Councilman Maude and unanimously carried that the City Manager send a letter to the Garvey School District stating that the City is not interested in the acquisition of the "Newmark Site" at this time; however, pointing out that there may be future interest if a firm offer to sell at an acceptable figure is provided by the District. NEW BUSINESS 11. RESOLUTION NO.73-106.CLAIMS AND DEMANDS. City Treasurer Foutz presented this Resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING' CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $56,903.56 DEMANDS NUMBERS 15381-15464. It was moved by Councilman Taylor, second by Councilman Maude to waive further reading and adopt Resolution 73-106. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 12. RESOLUTION NO. 73-107. ESTABLISHING POLICY RE: EXPENSES. Attorney Watson presented this Resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A POLICY REGARDING CONVENTION AND OTHER EXPENSES. - It was moved by Councilman Andersen, second by Mayor Pike to waive further reading and adopt Resolution No. 73-107. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, NOES: Councilmen: Taylor ABSENT: Councilmen: None 13. ORDINANCE NO. 365. RESTRICTING TRUCKS ON CERTAIN STREETS. Attorney Watson presented this Ordinance by title and explained that this is Introduction of permanent Ordinance No. 365 which is now an,Urgency Ordinances AN ORDINANCE OF THE CITY OF ROSEMEAD RESTRICTING TRUCKS ON ROSEMEAD PLACE, WHITMORE STREET AND DRIGGS AVENUE AND AMENDING THE MUNICIPAL CODE. It was moved by Councilman Maude, second by Councilman Hunter to waive further reading and Introduce Ordinance No. 365. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None • Page Five C/C Minutes 11/13/73 14. ORDINANCE NO. 367 0 CATV ORDINANCE AMENDMENT. City Manager Gunn explained that this Ordinance is necessitated by the new FCC regulations and by the Government Code. Attorney Watson presented this Ordinance by title. AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING THE REQUIREMENTS FOR COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISES AND AMENDING THE MUNICIPAL CODE. It was moved by Councilman Maude, second by Councilman Andersen to waive further reading and Introduce Ordinance No. 367. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 15. ORDINANCE NO. 368. PROVIDING FOR ABATEMENT AND REMOVAL OF PUBLIC NUISANCES. Attorney Watson presented this Ordinance by title. AN ORDINANCE OF THE CITY OF ROSEMEAD PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE, AND AMENDING THE ROSEMEAD MUNICIPAL CODE. It was moved by Councilman Taylor, second by Councilman Hunter to waive further reading and Introduce Ordinance No. 368. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 16. CONSIDERATION OF LOAN TO REDEVELOPMENT AGENCY. ANGELUS/RUSH PROJECT. City Manager Gunn presented a memo dated November 9, 1973 whibh explains that appropriated funds for the Angelus/Rush Street Project in Redevelopment Project Area No. 1 have fallen short of the required amount to pay off the project by $3,290.00; and asking that consid- eration be given to a loan to the Agency at 7% interest. It was moved by Councilman Andersen, second by Councilman Taylor to accept the foregoing recommendation and approve the loan to the Agency in the amount of $3,290.00 at 7% interest. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 17. CLAIMS AGAINST CITY: A. PAULETTE STONE. No. NEC 14413 It was the recommendation of the City Attorney that this claim be denied and referred to the insurance carrier. It was moved by Councilman Maude, second by Councilman Andersen and unanimously carried to approve the foregoing: recommendation. Page Six C/C Minutes 11/13/73 B. PAUL BEZAIRE. NEC 14600 It was the recommendation of the City Attorney that this claim be denied and referred to the City Attorney for appropriate action. It was moved by Councilman Andersen, second by Councilman Hunter and unanimously carried to approve the foregoing recommendation. C. MARY MALOOF AND PAUL BEZAIRE. NEC 14599 It was the recommendation of the City Attorney that this claim be denied and referred to the City Attorney for appropriate action. It was moved by Councilman Maude, second by Councilman Hunter and unanimously carried to approve the foregoing recommendation. The meeting recessed to a personnel session at 9:00 p.m. It reconvened at 9:20 p.m. Mayor Pike stated that he would like to reappoint Mr. Paul Schymos for a full two-year term on the Planning Commission. It was moved by Councilman Maude, second by Councilman Hunter and unanimously carried that the foregoing appointment be ratified. 18. RECOMMENDATION RE: RETENTION OF PEP EMPLOYEES. City Manager Gunn presented a memo dated November 9, 1973 recommending that the authorized complement of Maintenance Man positions be increased by three for the balance of fiscal year 1973-74 due to loss of the Public EmDlovment Program funds. After careful consideration and discussion by all Councilmen; It was moved by Councilman Andersen, second by Councilman Maude that the City not retain the PEP Employees. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 19. ENVIRONMENTAL IMPACT REPORTS: A. PD DEVELOPMENT AT 909-1021 SAN GABRIEL BLVD. Planning Director Miller presented this report and recommendation for approval. It was moved by Councilman Hunter, second by Councilman Andersen and unanimously carried to approve this Negative Declaration and adopt the Environmental Impact Report. COMMUNICATIONS 20. WRITTEN CORRESPONDENCE: A. L.A. REGIONAL CRIMINAL JUSTICE PLANNING BOARD - CONSIDERATION OF RESOLUTION. City Manager Gunn read this letter which requests the City adopt a Resolution to recognize the L.A. Regional Criminal Justice Planning Board as the County Regional Criminal Justice Planning and coordinating body for the use of State and Federal Action funds. It was the concensus of the Council that this item be placed on the next agenda. Page Seven • • C/C minutes 11/13/73 B. NOTICE OF CONTRACT CITIES MEETING. City Manager Gunn presented this notice of the monthly Contract Cities Meeting to be held Wednesday, November 21, 1973 and hosted by the City of Lawndale. Reservations to be made no later than Friday, November 16th.. 21. SPECIAL REQUEST TO ADDRESS THE COUNCIL: A. STEVE EDNEY - PRESIDENT, UNITED CANNERY AND INDUSTRIAL WORKERS. Ur. Edney addressed the Council stating that he represents employees of the United Cannery and Industrial Workers of the Pacfic AFL-CIO who will be loosing their jobs as a result of Urgency Ordinance No. 365 which restricts trucks on Rosemead Place, Whitmore Street, and Driggs Avenue. He asked that the Council reconsider the action and work with the Company, the People of the community and the Union for a resolution to the problem. For the benefit of the audience, it was explained that there is an existing problem of heavy commercial property (La Victoria) located in the City of E1 Monte, with the only access fbr.the big-trucks:through a residehtial area in the City of Rosemead, causing the residents much inconvenience. Attorney Watson reported that legal action has been filed by La Victoria in which they seek a temporary restraining order and a preliminary injunction; and an ultimate permanent injunction to restrain enforcement of Ordinance No. 365. He stated that the temporary restraining order was denied and the hearing for the preliminary injunction is set for November 28th at L.A. Superior Court. Mr. Watson advised Mr. Edney that this problem has existed for many years and has developed to a point of hardship for the residents in the area. He stated that there is a solution to the problem and urged Mr. Edney, through the employees, to encourage the company to initiate action with the City of E1 Monte for a roadway through adjacent industrial property to Garvey Avenue (a truck route). The City could form an assess- ment district and condemn the property for the roadway, placing the cost on the property benefitted (being primarily the property of La Victoria). He suggested that the company needs to be convinced that it is in its economic interest to have a roadway across the industrial property to the truck route. Mr. Watson also stated that if an attempt is not made to solve the problem, he would have no other alternative but to recommend to the Rosemead City Council that they seek a public nuisance abatement action against the company. 22. MATTERS FROM CITY OFFICIALS. Mayor Pike presented a letter from the Rosemead School District which urged no action at this time on a feasibility study on school districts. Mayor Pike suggested that the City discontinue further action at this time on the School District Feasibility Study. There were no objections. City Manager Gunn presented a notice of the Annual Legislative Conference to be held in Sacramento on January 16th and 17th. He urged the Council to advise the staff in the near future if they will attend so that reservations can be made. The meeting was recessed to a meeting of the Redevelopment Agency at 9:50 p.m. The meeting reconvened at 10:42 p.m. Page Eight C/C Minutes 11/13/73 Councilman Maude stated that he is the Chairman of the Selection Committee for the Contract Cities and requested that the City of Rosemead host a meeting of the committee on November 14th and authroize funds for same. It was moved by Councilman Hunter, second by Councilman Andersen and unanimously carried that the foregoing request be approved. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None It was moved by Councilman Hunter, second by Councilman Taylor and unanimously carried that the meeting be adjourned. Meeting Adjourned at 10:43 p.m. CI Y LERK r MAYOR OF THE CZ Y OF OSEME D