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CC - 04-13-71E CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL MINUTES OF APRIL 13, 1971 A regular meeting of the City Council of the City of Rosemead was held in the Council Chambers, 8838 East Valley Boulevard and called to order by Mayor Taylor at 8:05 o'clock p.m. 1. CALL TO ORDER The Pledge of Allegiance was led by Councilman Hunter. The Invocation was delivered by Reverend Virgil Wickman of the Neighborhood.Covenant Church. 2. ROLL CALL: Present: Councilmen: Andersen, Hunter, Maude, Pike, Taylor Absent: Councilmen: None Ex officio: Andersen, Contreras, Foutz, Gunn, Keeler, Street 3. APPROVAL OF MINUTES: MARCH 23, 1971 - REGULAR MEETING. It was moved by Councilman Pike, second by Councilman Hunter, and unanimously carried, that the minutes of March 23, 1971, be approved as printed. SPECIAL PRESENTATION At this time Mayor Taylor introduced Congressman George Danielson of the 29th Congressional District who was in attendance. Lt. RESOLUTION NO. 71-21. COMMENDING MISS LINDA ULLRICH. WINNER OF D.A.R. STATE ESSAY CONTEST. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD COMMENDING LINDA ULLRICH. Attorney Keeler read this resolution in full. It was moved by Councilman Maude, second by Councilman Hunter, and unanimously carried, that Resolution No. 71-21 be adopted. Miss Ullrich read the essay for which she won her award entitled "What the American Flag means to me" Mayor Taylor also introduced Mrs. Smith of the Alhambra- San Gabriel D.A.R. Chapter. Mayor Taylor presented Miss Ullrich with a formal copy of the resolution giving recognition for her award. ORAL COMMUNICATION 5. VETERANS OF FOREIGN WARS REGARDING LOYALTY DAY CEREMONY. Mr. Gunn stated Mr. Smail was unable to attend this meeting, but wished to invite the Council to the Loyalty Day ceremonies to be held at Rosemead High School on Sunday, May 2 from 1:30 to 3:00 p.m. Dr. Maude will be the Master of Ceremonies and the public is invited. Page Two C/C 4/13/71 PUBLIC HEARING 6, ORDINANCE NO. 308. REGULATING LAND USES IN•THE R-3 AND R-4 ZONES. URGENCY. Planning Director Contreras stated by,adoptin,g this ordinance, it will prohibit R-I and R-'2 uses within the-R=3 and R-4 Zones-,except, f.:r the following: The non-commercial growing of nursery stock, field crops, tree, bush and berry crops, and vegetable or flower gardening. Household pets, not to exceed three animals, over four months of age, for each dwelling unit. This provision shall not be construed to permit any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property. Mayor Taylor requested anyone wishing to be heard to please stand and be sworn in. No one responded. The hearing was declared open at 8:15 p.m. No one responded and it closed immediately. AN ORDINANCE OF THE CITY OF ROSEMEAD REGULATING LAND USES IN THE R-3 AND R-4 RESIDENTIAL ZONES AND AMENDING THE ROSEMEAD MUNICIPAL CODE. Attorney Keeler presented this ordinance by title only. It was moved by Councilman Maude, second by Councilman Hunter, and unanimously carried, that further reading be waived and Ordinance No. 308 be adopted., Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None UNFINISHED BUSINESS 7. ORDINANCE NO. ADOPTION OF SIGN REGULATIONS. INTRODUCTION. Mr. Street advised that proposed changes regarding wall and free standing signs in Zones C-l, C-3 and M-1 have been inserted in accordance with Council's instructions. Also, the addition regulating removal of signs and sign structures advertising a•use that has been vacated, abandoned or terminated. Mr. Street also presented anamemdmeA.t regarding the maintenance of signs and sign structures for consideration. Councilman Pike indicated he would prefer a more suitable definition of the word "billboard". Mr. Pike also made reference to Section 9152 - Signs in Residential Zones, C. (1), and suggested the size of sign allowed be changed to "not to exceed four by six". J Page Three C/C 4/13/71 L Councilman Maude stated it was his understanding there were to be no restrictions as to size of signs for multiple dwelling structures and suggested this section be revised accordingly. There being no objections the staff was instructed to make the necessary revisions. NEW BUSINESS 8, RESOLUTION NO, 71-22. CLAIMS AND DEMANDS, City Treasurer Foutz stated that Check #10494 for $17.80 has been voided as it is a duplicate payment and therefore the new total is $93,012.83 for this resolution. A RESOLUTION OF-THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN. CLAIMS AND DEMANDS IN THE SUM OF $93,012.83 AND DEMANDS NUMBERS 1o434-10535. Mr, Foutz presented this resolution by title only. It was moved by Councilman Hunter, second by Councilman Maude, and unanimously carried, that further reading be waived and Resolution No. 71-22 be adopted, Roll Call Vote as follows: AYES: Councilmen:`, Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 9 RESOLUTION NO. 71-23. HONORING INSPECTOR ARRUDA UPON O HIS RETIREMENT FROM THE SHERIFF'S DEPARTMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXPRESSING APPRECIATION FOR THE SERVICES OF JOHN ARRUDA. Attorney Keeler presented this resolution in full. It was moved by Councilman Andersen, second by Councilman Maude, and unanimously carried, that Resolution No, 71-23 be adopted, 10, HEARING OFFICER REPORTS - BILLIARD LICENSES. A. TOP HAT - 3122 N. SAN GABRIEL BOULEVARD. Mr. Gunn-presented this report and recommended issuance of the license, subject to certain conditions. It was moved by Councilman Pike, second by Councilman Maude, and/unanimously carried, that the foregoing report be approved and license issued subject to recommended conditions. B. VALLE' INN - 9322 E. VALLEY BOULEVARD, Mr. Gunn presented this report and recommended issuance of the license, subject to certain conditions. It was moved by Councilman Maude, second by Councilman Andersen, and Unanimously carried, that the foregoing report be approved and license issued subject to recommended conditions. • Page Four C/C 4/13/71 0 Councilman Hunter made reference to the Road Runner Club located at 8629 E. Garvey Avenue and requested the City Manager investigate the parking requirements for this establishment. 11_ RECOMMENDATION FROM PARK BOARD REGARDING BANDSHELL. Councilman Maude stated it was felt by the Recreation and Park Board that the purchase of a portable bandshell would better serve the needs of the community rather than the installation of a permanent structure. Mr. Gunn stated no action was necessary and that this would be an item for budget consideration. 12. INTERIM REPORT ON CONTRACT TREE TRIMMING. Mr. Gunn presented the preliminary background data for design of an acceptable parkway tree maintenance program which included the following: 1. Recommended street tree list 2. List of trees to receive first priority for trimming 3. List of trees recommended for immediate removal due to their hazardous nature 4. List of trees recommended for removal due to the damage they do to curbs, gutters and sidewalks 5. List of trees that must be topped at least once every five years. 6. List of trees by street indicating priority of trimming Mr. Gunn stated staff is presently attempting to work out a bidding system that will guarantee an acceptable level of control by the City so that the taxpayer can be assured of getting full value of his tax dollar. The preliminary budget will include consideration of a tree maintenance program as well as a program to remove and replace hazardous trees. 13. REQUEST TO ADVERTISE FOR BIDS FOR CABLE TELEVISION FRANCHISE. Mr. Gunn presented the proposed bid documents, requesting interested parties to submit proposals by May 6, 1971. Councilman Pike noted that each application must be accompanied by a non-refundable-application fee of $100 and questioned the reason therefor. Attorney Keeler stated it is a requirement in the franchise ordinance and is the policy most cities have with cable tele- vision. Following discussion it was moved by Councilman Maude, second by Councilman Andersen, and unanimously carried, that the.staff be authorized to advertise for bids. 13A, RESOLUTION NO. 71-24. AUTHORIZING ACQUISITION OF RIGHTS OF WAY AND ORDERING EMINENT DOMAIN PROCEEDINGS. S/E CORNER OF WALNUT GROVE AND GARVEY AVENUE. (NOT ON AGENDA). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THE ACQUISITION OF NECESSARY RIGHTS OF WAY FOR ROAD PURPOSES AND ORDERING EMINENT DOMAIN PROCEEDINGS. • Page Five C/C 4/13/71 C Attorney Keeler presented this resolution by title only. It was moved by Councilman Pike; second by Councilman Hunter, and unanimously carried, that further reading be waived and Resolution No. 71-24 be adopted. Mr; Street-further requested authorization for payment of $6,800 as a deposit to the Superior Court as required in these, proceedings. It was moved by Councilman Pike, second by Councilman Hunter, and unanimously carried, that the foregoing payment be approved. Roll Call Vote as follows: AYES: Councilmen: Andersen, Hunter, Maude, Pike, Taylor NOES: Councilmen: None ABSENT: Councilmen: None 14., SET PUBLIC HEARING ON THE FOLLOWING: A.. CONFIRMATION OF ASSESSMENT - 9147 STEELE ST. B. ZONE CHANGE NO. 51. CM TO C3 - SAN GABRIEL BLVD. BETWEEN FERN AND GARVALIA. Staff recommended these hearings be held April 27; there being no objections it was so ordered. COMMISSION RECOMMENDATIONS NONE COMMUNICATIONS 15. A., MODERN SERVICE CO. - RE: RENEWAL OF CONTRACT. Mr. Gunn stated that the contract for rubbish service with Modern Service will terminate on July 31, 1975, and they are facing the need to buy new trucks with which to finish the contract. They are taking this opportunity to outline a problem area they are encountering and pro- vide information with respect to it. In order to update their fleet, they have on order three new trucks for use in Rosemead, at a cost of $129,372 including five-year financing. In keeping with the policy of replacing trucks after five years use, during the next year they will have to replace five more trucks. If truck prices and financing costs hold at the present level the five new trucks will cost $223,750. With four years remaining on the contract, and in view of the fact that it takes almost one year to get delivery on a new truck, they must make a decision now whether to buy new equipment or make do for a few more years with what they have. Because of the need to replace so much equipment and the exceedingly high cost of equipment, it is to the mutual advantage of both Modern and the City to plan ahead and discuss a renewal for another ten year term. During course of discussion the Council indicated this matter required further study and there being no objections this item was heid,over. • Page Six C/C 4/13/71 B. YELLOW CAB CO. - RE INCREASE IN RATES. Mr. Gunn presented notification of the new rates as follows: DAY RATE: 6:00 AM TO 6:00 PM OG First 1/6 of mile flag drop 10G ea, additional 1/6 mile $7 per hr, waiting time-delay NIGHTS: 6:00 PM TO 6:00 AM Sundays & Holidays 60t first 1/7 of mile flag drop 10t ea, additional 1/7 mile $7 per hr, waiting time-delay Mr. Gunn stated their present rate has not been increased since September 1, 1967. The new rates have been approved by the Public Welfare Commission and no official action is required by the Council. C. L.E.DIMIT PLUMBING CO. - REQUEST FOR REFUND OF SEWER CONNECTION CHARGE. Mr. Gunn advised that on December 22 the above company received contract documents for plumbing for the San Gabriel County Water District, and were requested to include the sewer connection charge of $987.48 in their price. They called the City Hall to find out how much the charge was,and informed of the same figure of $887.48. When they received the contract back they delivered a check for the above amount and were told the charge had been increased to $1,645.80 on December 24. They paid the amount on February 4 with the $658.32 paid under protest. Mr. Gunn also referred to a letter from the County Engineer advising that under Ordinance No. 299, the sewer connection charge was increased to $5 per front front. This ordinance was adopted on November 24, 1970 and became effective December 24, 1970. After the effective date,. notations on the sewer permit books were changed to require payment of $5 per front foot connection charges.-- The connection charge was made on February 4 for the property in question and a sewer permit was also issued that date. Mr. L.L. Dimit, 235 N. Fair Oaks Avenue, Pasadena, addressed the Council and stated that when he telephoned City Hall regarding the charge,no mention was made of a proposed increase and he felt a refund was warranted. Attorney Keeler stated he had reviewed the information available and in his opinion no refund should be granted. He then proceeded to outline his reasons. The Council accepted the opinion of the City Attorney and took no action. D. FUNDING OF LOCAL GOVERNMENT. (NOT ON AGENDA) Mr. Gunn stated at the March meeting of the Contract Cities Association, a resolution relating to city revenues was introduced, debated briefly,.and passed. Section (e) of said resolution states "That a sales tax system which allo- cates sales tax revenues on the largely fortuitous decision of retail business enterprises to locate in one specific location rather than another is a glaring inequity in the present sales.tax system." • • 16, 17. Page Seven C/C 4/13/71 Mr, Gunn stated it is the feeling that the foregoing Section is not a true statement and ought not be quoted as the official position of C.C.A. Business enterprises are not located on the basis of "largely fortuitous" decisions. He sees no merit in sharing the sales tax which we actively promote with such cities as Bradbury and San Marino, both of which discourage commerce within their borders, Mr. Gunn recommended that the Council authorize the Mayor to join others in requesting C.C.A. to reconsider Section (e) giving reasons therefor. Following discussion the City Attorney was requested to prepare a resolution for action later in the meeting, ORAL COMMUNICATIONS FROM THE AUDIENCE, A. Mrs. Elizabeth Madda, 8724 De Adalena, stated she was pleased to see the number of children using the smaller parks within the City. She also suggested the Council consider a 5-year contract with Modern Service when the present agreement expires with an option for the remaining--five years, MATTERS FROM CITY OFFICIALS. A. ELECTION OF MAYOR. Mayor Taylor relinquished the gavel to City Manager Gunn, Mr, Gunn declared nominations open for office of Mayor. i Mayor Taylor nominated Councilman Maude, Councilman Anderson nominated Councilman Pike, It was moved by Councilman Hunter, second by Councilman Andersen, and unanimously carried, that nominations be closed, Oral Vote as follows: Councilman Maude Three votes Council-man Pike Two votes B. ELECTION OF MAYOR PRO TEM. Mr, Gunn declared nominations open' for office of Mayor Pro Tem. , Councilman Andersen nominated Councilman Hunter. Councilman Pike nomir'ated Councilman Andersen, It was moved by Councilman Taylor, second by Mayor Maude, and unanimously arried, that nominations be closed, Oral Vote as follows: Councilman Hunter Four votes Councilman Andersen One vote Mr. Gunn relinquished the gavel to Mayor Maude and the meeting was adjourned for a brief recess at 9:22 p,m. • 0 Page Eight C/C 4/13/71 Mayor Maude reconvened the meeting at 9:28 p.m. C. RESOLUTION NO, 71-25. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THAT THE CALIFORNIA CONTRACT CITIES ASSOCIATION RECONSIDER AN ACTION TAKEN AT THE MARCH, 1971, GENERAL MEMBERSHIP MEETING OF THAT ORGANIZATION. Attorney Keeler presented this resolution by title only. It was moved by Councilman Pike, second by Councilman Taylor, and unanimously carried, that further reading be waived and Resolution No, 71-25 be adopted, The City Clerk was instructed to forward copies of this resolution to all Contract Cities,with sufficient copies for all Councilmen, and to the Contract.Cities Association for consideration at the Palm Springs seminar, There being no further business to come before the Council, Mayor Maude declared the meeting adjourned at 9:32 p.m. t/ C TY CLERK M~ OR