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CC - 11-12-69CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL Minutes of November 12, 1969 • A regular meeting of the City Council of the City of Rosemead was held in the Council Chambers, 8838 East Valley Boulevard. The meeting was called to order by Mayor Andersen at 8:00 o'clock p.m. 1, CALL TO ORDER The Pledge of Allegiance was led by Mayor Pro Tem Whiddon. The Invocation was delivered by Reverend Jack Preston of the Community Methodist Church. 2. ROLL CALL Present: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon Absent: Councilmen: None • Ex officio: Andersen,.Foutz, Gunn, Hersh, Street, Watson 3, APPROVAL OF MINUTES: OCTOBER 28, 1969 - REGULAR MEETING. It was moved by Councilman Taylor, second by Councilman Whiddon, and unanimously carried, that the minutes of October 28, 1969, be approved as printed. 3A. COUNTY HEALTH SUB-CENTER. (NOT ON AGENDA). At this time Mayor Andersen introduced Mr. Arnold Martinez, Field Deputy for Supervisor Ernest Debs, who extended an invitation to the ribbon cutting ceremonies to be held Friday, November 14th at 10:00 a.m. at Garvey Park, in connection with dedication of the new County Health Sub-Center. SPECIAL PRESENTATION 4. SAFETY AWARD PLAQUES. - • Mr. Ronald E. Lewis of the State Compensation Insurance Fund presented two awards to the City, the first being from the League of California Cities, and secondly from the State Compensation Insurance Fund. Mr. Lewis stated these two awards were in recognition of Rosemead employees having worked one year without a disabling injury or without a lost time accident. PUBLIC HEARINGS 5. STREET IMPROVEMENTS, ANGELUS AVENUE (BOTH SIDES) HELLMAN TO DOROTHY AVENUE. SIDEWALKS ONLY. CONTINUED FROM OCTOBER 28, 1969. Assistant City Manager Street stated this hearing was continued because of a petition submitted at the previous hearing representing nine property owners on the west side of Angelus Avenue opposing • said street improvement. Mr. Street further stated that the petition mentioned above represented enough footage to make the original petition on the west side of Angelus Avenue invalid. The percentage in favor of the sidewalks on the west side is only 56.60%. Mayor Andersen requested anyone wishing to be heard to please stand and be sworn. No one responded. Page Two C/C 11/12/69 • Mayor Andersen declared the public hearing reopened at 8;10 o'clock p.m. No one responded and the hearing closed immediately. It was moved by Councilman Pike, second by Councilman Taylor, and unanimously carried, that we proceed with the sidewalk improvement on the east side of Angelus Avenue, Hellman Avenue to Dorothy Avenue, as funds are available. 6. RESOLUTION NO. 69-71. CONFIRMATION OF ASSESSMENTS. ROSE STREET (SOUTH SIDE) ARICA TO RIO HONDO AVENUE. CURB, GUTTER AND DRIVEWAY APPROACH. Assistant City Manager Street stated that the assessments for this project total $1,170.46. Mayor Andersen requested anyone wishing to be heard to please • stand and be sworn. The oath was administered by City Clerk Andersen. Mayor Andersen declared the public hearing open at 8;12 o'clock p.m. Mrs. Irma Vincent, 4250 Arica St., stated it was her understanding that she would be. assessed .50C per square foot for the driveway approach, and now finds it has been increased to .65C per square foot. Assistant City Manager Street stated that when the petition for this improvement was originally circulated the cost was .50C per square foot, but since that time the City has entered into a new annual contract and is the reason for the cost increase. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS • THEREIN (ROSE STREET-SOUTH SIDE-ARICA TO RIO HONDO AVENUE). City Attorney Watson presented this resolution by title only. It was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that further reading be waived and Resolution No. 69-71 be adopted. 7. RESOLUTION NO. 69-72. CONFIRMATION OF ASSESSMENTS. ANGELUS AVENUE (BOTH SIDES) HELLMAN AVENUE TO DOROTHY AVENUE. CURB, GUTTER AND DRIVEWAY APPROACH.. Assistant City Manager Street reported that the assessments for this project total $6,004.84. 1 • Mayor Andersen requested anyone wishing to be heard to please stand and be sworn. No one responded. Page Three C/C 11/12/69 Mayor Andersen declared the public hearing open at 8:15 o'clock p.m. No one responded and the hearing closed immediately. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CONFIRMING THE STREET SUPERINTENDENT'S REPORT AND ASSESSMENTS THEREIN (ANGELUS AVENUE-BOTH SIDES-HELLMAN TO DOROTHY AVENUE). City Attorney Watson presented this resolution by title only. It was moved by Councilman Taylor, second by Councilman Maude, and unanimously carried, that further reading be waived and Resolution No. 69-72 be adopted, 8. ZONE CHANGE CASE NO. 39. P TO C-3 ZONE, 3950 (VAR AVENUE, AND R-1 TO P ZONE, 8921, 25 AND 31 NEVADA STREET. TOYTOWN - MURRAY AND BETTY ZWICK. Planning Director Hersh presented the factual data report and stated the request is for 1) alteration of.the existing P Zone, • on the two lots facing on Ivar Avenue, to a C-3 Zone, in accord with the adopted General Plan, to allow for expansion, moderniza- tion and increased efficiency of existing and proposed commercial uses facing onto Valley Boulevard; and, 2) alteration of the existing R-1 Zone, over southerly 140 foot portion of three lots facing on Nevada Avenue, to the P Zone, in basic accord with the adopted General Plan, to allow necessary expansion, increase efficiency and modernization of existing and proposed commercial uses over the applicants properties. Mayor Andersen requested anyone wishing to be heard to please stand and be sworn. The oath was administered by City Clerk Andersen; Mayor Andersen declared the public hearing open at 8:20 o'clock P.M. Mr. Murray Zwick, 8914 E. Valley Boulevard, the applicant, addressed the Council and stated his • request conforms with the Economic Survey con- ducted in 1967, and urged the Council to favorably consider his application for the zone change, Mr. Richard Miller, 8926 E. Valley Boulevard, Manager of the Bank of America, addressed the Council stating he was in favor of the proposed zone change as the parking proposed is almost a necessity in order to properly conform with the present parking regulations. Mr. W. B. Foster, 8932 Nevada Street, appeared in opposition and stated he feels additional parking is not necessary and will depreciate the value of his property. Mr. Miguel Mirano, 8933 Guess St., appeared in opposition stating he has observed the applicant's • parking lot on numerous occasions during the year and has found it not to be full except at the peak of the holiday season, Mr. Mirano also presented a letter from his wife, Marilyn Marino, in opposition to the proposed zone change request. Mr. Andy Kasick, 8909 Nevada St., addressed the Council in opposition to the zone change as he would rather see the entire block rezoned as he feels this will hinder his property for resale. Page Four C/C 11/12/69 Mrs, Edith Vannoy, 8914 Nevada St., also in • opposition, stated she feels it would definitely be a detriment to those property owners residing on Nevada Street, Mrs, Edith O'Reilly, 1239 Linda Flora Drive, Los Angeles, addressed the Council by stating she was not opposing this zone change, but did wish it made part of the record, that as she owns the southwest corner of Ivar and Steele, she would like to someda hopefully have it rezoned to an R-2 or R-3 Zone, Mrs, Jerome Quirk, 9460 Steele St„ addressed the Council and stated she was not completely opposed to the requested zone change, providing the properties involved were made attractive, and safety precautions • considered with regard to the increase in traffic. Mayor Andersen requested those persons in the audience who were in opposition to the zone change, but do not wish to address the Council, to please stand and be counted. Eight persons were counted, Mayor Andersen declared the public hearing closed at 8:50 o'clock P.M. Following discussion amongst the Council it was moved by Councilman Whiddon, second by Councilman Taylor, and unanimously carried, that Zone Change Case No, 39 be referred back to the Planning Commission with the following recommendations to be considered: 1) That the subject property presently in the P (Parking) Zone be rezoned to a C-3-d (Design Overlay) Zone; and the subject property presently zoned R-l be rezoned to a P-d (Design Overlay) Zone; . 2) That a 15 foot setback be required on the Nevada Street property and a 6 foot decorative masonry wall be constructed on the north side of said setback; 3) That between said wall and curb landscaping be planted, including sprinkler system, and if feasible, the landscaping be a part of a beautification district to assure that it will be properly maintained; 4) That there be no ingress or egress from the Nevada Street properties,, 5) That all land be cleared before any use of the property, to assure that no buildings will be used for storage purposes; • 6) That the parking area involved be properly paved and graded in accordance with City standards; 7) That no trucks larger than one ton be allowed to use these properties; and 8) That the D (Design Overlay) Zone be developed by the Planning Commission and receive final approval by the City Council. • Page Five C/C 11/12/69 0 Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None UNFINISHED BUSINESS 9. STREET SWEEPING REPORT. Assistant City Manager Street reported that operations of the street sweeping contractor, United Sweeping Service, have been carefully watched and the quality of work has improved and shows every indication of soon reaching the City's standards. 10. ORDINANCE NO. 277. AMENDING ORDINANCE NO.. 271. SOUTHERN CALIFORNIA EDISON CO. (CORRECTION OF LEGAL DESCRIPTION). SECOND READING. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ORDINANCE NO. 271 AND THE ROSEMEAD MUNICIPAL.CODE, City Attorney Watson presented this ordinance by title only. it was moved by Councilman Taylor., second by Councilman Whiddon, and unanimously carried, that further reading be waived and Ordinance No. 277 be adopted. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None 11. ORDINANCE NO. 279. ESTABLISHING A CIVIC CENTER (C-C) OVERLAY ZONE. INTRODUCTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING THE CIVIC CENTER (C-C) OVERLAY ZONE AND AMENDING THE ROSEMEAD . MUNICIPAL CODE. City Attorney Watson presented this ordinance by title only. It was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that further reading be waived and Ordinance No. 279 be introduced. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None 12. ORDINANCE NO. 280. 'REQUIRING THEATERS TO APPLY FOR ZONE VARIANCE. INTRODUCTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CERTAIN ZONING PROVISIONS OF THE ROSEMEAD MUNICIPAL CODE. City Attorney Watson presented this ordinance by title only and stated these provisions merely eliminate theaters from various sections in the Code and therefore they become a use which is not permitted under the Zoning Ordinance, and therefore would require a variance. L Page Six C/C 11/12/69 • Mr. Watson further stated there is another provision in this ordinance which eliminates Private Clubs as such. In Section 9124.1-12 of the Zoning Ordinance it presently reads "Libraries, Museums and Private Clubs". Under the ordinance being considered, "Private Clubs" are eliminated, and therefore a variance would be required to establish in a new location. It was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that further reading be waived and Ordinance No. 280 be introduced as presented. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None • 13. ORDINANCE NO. 281. PROHIBITING CERTAIN NUDE ACTIVITY IN PUBLIC PLACES. INTRODUCTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROHIBITING CERTAIN NUDE ACTIVITY IN PUBLIC PLACES AND AMENDING THE ROSEMEAD MUNICIPAL CODE. City Attorney Watson presented this ordinance by title only. It was moved by Councilman Pike, second by Councilman Taylor, and unanimously carried, that further reading be waived and Ordinance No. 281 be introduced. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None 14. ANNUAL CONGRESS OF CITIES CONFERENCE. SAN DIEGO - DECEMBER • 1-4, 1969. City Manager Gunn stated he wished to attend this conference from December 1 through 3 and would also like authorization for use of the City car. It was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that the City Manager be permitted to attend the National League of Cities Annual Conference on December 1, 2 and 3, using City-owned vehicle. 15. AGREEMENT WITH FAMILY COUNSELING SERVICE OF WEST SAN GABRIEL VALLEY. (OPEN DOOR). City.Attorney Watson presented this agreement and questioned Mr. Gunn as to the insurancw status of this organization. Mr. Gunn stated he knew the Family Counseling Service was insured, but has not seen a copy of their coverage. Following further discussion,action on the foregoing agreement was deferred until the next meeting, and the City Manager was requested to secure a copy of the insurance coverage. NEW BUSINESS 16. RESOLUTION N0. 69-73. CLAIMS AND DEMANDS. • Page Seven C/C 11/12/69 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $55,090.12 AND DEMANDS NUMBERS 7812-7884. Assistant City Manager Street presented this resolution by title only. It was moved by Councilman Whiddon, second by Councilman Maude, and unanimously carried, that further reading be waived and Resolution No. 69-73 be adopted. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None 17. HEARING OFFICER'S REPORT. BILLIARD LICENSE. TINY'S GRILL - 9424 EAST VALLEY BOULEVARD. City Manager Gunn presented the report of the Hearing Officer and recommended issuance of the license subject to conditions. It was moved by Councilman Whiddon, second by Councilman Taylor, and unanimously carried, that we approve the report of the Hearing Officer and issue the license, subject to the seven recommended conditions. 18. MORATORIUM DAY - NOVEMBER 15TH. City Manager Gunn stated he had received a letter and editorial copy from Bob Studer, Executive Editor of the Post-Advocate, suggesting the City fly their flags on the next Peace Moratorium Day, November 15th. Following discussion it was moved by Councilman Taylor, second by Councilman Pike, and unanimously carried, that we go on record • as supporting the request of Mr. Studer, that we ask our Chamber of Commerce to assist in displaying the flags along our major thoroughfares, and further, that we encourage the citizens of this community to also join with us in support of this up-coming Moratorium Day. 19. 1969-70 POOL AGREEMENT WITH EL MONTE HIGH SCHOOL DISTRICT. City Manager Gunn requested that this item be taken off calendar at the present time; and there being no objections it was so ordered. 20. SETTLEMENT OF RIGHT OF WAY ACQUISITION. 3024 WALNUT GROVE AVENUE. Assistant City Manager Street stated that in order to widen and improve Walnut Grove Avenue between Hellman and Garvey Avenues, • it was necessary to acquire additional right-of-way from both sides of the street. It was the policy of the City that such acquisition be on a gratis basis. The necessary additional right-of-way was acquired without the City paying directly for the property itself except for three parcels, being 3024, 3118 and 3114, and 3332 Walnut Grove Avenue. On these parcels it was necessary to institute eminent domain proceedings which means that the City will pay for the property taken and any damages. 11 • Page Eight C/C 11/12/69 It was recommended that the Council approve the Agreement of Settlement being prepared by the City Attorney, the basic conditions of which are the following: • 1) Payment by the City to the Malvic's a sum of $6500.00 and demolition and removal of the dwelling. 2) Permissibn of the City to move in a replacement dwelling. It was further recommended that the Council authorize the City Manager to handle all miscellaneous details in connection with the transaction. Mrs. Malvic addressed the Council stating she has resided ax the subject property since 1948, that both she and her husband are retired with a fixed income, and if permissible they would like to bring in a home on this property. Following discussion it was moved by Councilman'Maude, second by • Councilman Taylor, and carried, that we approve a cash settlement in the amount of $7125.00 in connection with the Malvic property at 3024 Walnut Grove Avenue; said settlement to include removal of the structures and the fee for the move-in and zone variance request,aand further, that we allow 10 days for the removal of the main structure and 60 days for the removal of the remaining substandard structures on the property. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Taylor, Whiddon NOES: Councilmen: Pike ABSENT: Councilmen: None Mayor Andersen declared the meeting recessed to a personnel session at 10:05 o'clock p.m. Mayor Andersen reconvened the meeting at 10:20 o'clock p.m. • 21, SALARY ADJUSTMENT INCREASE. it was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that the City Manager's salary be increased $1,000 per year and said increase to be effective six months from the date of employment. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None ABSENT: Councilmen: None 22. PLANNING COMMISSION APPOINTMENT. Mayor Andersen stated he wished to re-appoint Paul W. Schymos to • the Planning Commission for a full two year term. It was moved by Councilman Taylor, second by Councilman Maude, and unanimously carried, that the foregoing appointment be ratified and term to expire November, 1971. 23. FINAL APPROVAL OF TRACT NO. 29296. MARSHALL STREET BETWEEN ROSEMEAD BOULEVARD AND IVAR AVENUE City Manager Gunn presented a report from John A. Lambie, City Engineer, recommending the Council: 1. Approve the map for Tract No. 29296. Flwr 9 0 Page Nine C /C 11/12/69 2. Accept the streets and easements as offered for dedication on said map. 3. Approve and accept the following work agreements and bonds after their first being examined and approved by the City Attorney: a. An agreement to install sanitary sewers as required by the subject tract, and a faithful performance bond in the amount of $4,400 and a labor and materials bond in the amount of $2,200 both executed by J.B. Weber Development Co., Inc., and Fireman's Fund Insurance Co. b. An agreement guaranteeing setting of survey monuments, tie points and furnishing tie notes, and a faithful performance bond in the amount of $610 executed by J.B. Weber Development Co., Inc., and Fireman's Fund Insurance Co. c. An agreement to construct a water,system, and a faithful performance bond in the amount of $3,500 and a labor and materials bond in the amount of $1,750 both executed by J.B. Weber Development Co., Inc., and Fireman's Fund Insurance Co. City Manager Gunn also presented a report from I.L. Morhar, Superintendent of Streets, recommending that the street offered for dedication in Tract No. 29296 be accepted in accordance with the conditions set forth in the agreement submitted by J.B. Weber Development Co., and which provides for the construction of street improvements in the subject tract. It was moved by Councilman Maude, second by Mayor Andersen, and unanimously carried, that we approve the recommendations of our City Engineer and Superintendent of Streets, subject to the work agreements and bonds being approved by our City Attorney. 0 COMMISSION RECOMMENDATIONS 24. PLANNING COMMISSION: A. REQUEST TO ATTEND AMERICAN INSTITUTE OF PLANNERS SEMINAR IN SAN FRANCISCO ON DECEMBER 5 AND 6, 1969.. Mr. Lyle Larson, Chairman of the Planning Commission, addressed the Council and stated that the Commission at its meeting of November 4th voted to request that the City Council consider authorization for the Commissioners to attend this two day educational seminar. Mr. Larson briefly outlined the seminar schedule,which is being sponsored by the American Institute of Planners - California Chapter - Northern Section. 0 The Council took no action on the above request. COMMUNICATIONS 25. A. NATIONAL LEAGUE OF CITIES. City Manager Gunn stated the National.League of Cities is asking the City of Rosemead to become a direct member of their organiza- tion. Previous to this time such direct membership was available only to cities over 50,000 population. Page Ten C/C 11/12/69 Mr. Gunn stated that perhaps after the San Diego conference we would know more what we could get out of a direct membership,that we don't get presently, and suggested the Council defer action at the present time. • The foregoing communication was received and filed. 26. ORAL COMMUNICATIONS FROM THE AUDIENCE. A. Mr. Ray Gaynor, President of the Chamber of Commerce, addressed the Council and requested that the Park and Recreation Department be authorized to assist them in stri.nging the christmas tree lights along Valley Boulevard, It was moved by Councilman Whiddon, second by Councilman Pike, and unanimously carried, that our Park and Recreation Department be directed to assist the Chamber of Commerce in connection with christmas tree lighting along Valley Boulevard. B. Mrs. Edith O'Reilly, 1239 Linda Flora Drive, Los Angeles, • appeared before the Council and questioned the $330.00 she is being assessed on her tax bill which is noted as Special Services. Mr. Gunn stated he would be most happy to photostat Mrs. O'Reilly's tax bill and contact the Assessor's office tomorrow. 27. MATTERS FROM CITY OFFICIALS. A. Mr. Gunn reported that Annexation No. 37 was heard before the Local Agency Formation Commission this morning and met no opposition. B. Mr. Gunn requested that the Council authorize a sum not to exceed $400.00 for publication of an industrial survey. Planning Director Hersh stated that this survey is a review of industrial properties in the City and a review of the industrial development in the City, and indicates what we have in these areas and what is available for development. • It was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that the foregoing request be approved. Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude; Pike, Taylor; Whiddon NOES: Councilmen: None ABSENT: Councilmen: None C. City Manager Gunn presented a letter from the County Road Department recommending that the City Council approve and authorize the following additional work in connection with Cash Contract No. 41485 with Sully-Miller Contracting Co. for the improvement of Walnut Grove Avenue between Hellman and Garvey Avenues. ADDITIONS: Item No. 5 4" P.C.C. Walk 6,313 S.F. @ $0.45 $2,840.85 Item No. 8 Type 1 A.C. Pavement 64,5 Ton (@ $6.45 416.03 Item No. S-1 Relocation of Existing Improvements L.S. 978.00 Total Additions $4,234.88 It was moved by Councilman Whiddon, second by Councilman Pike, and unanimously carried, that we approve and authorize the additional work as requested above. Page Eleven C/C 11/12/69 Roll Call Vote as follows: AYES: Councilmen: Andersen, Maude, Pike, Taylor, Whiddon NOES: Councilmen: None • ABSENT: Councilmen: None 0. Councilman Maude requested that the sign on Rosemead Boulevard at the San Bernardino Freeway be changed to show the corrected figure of the City's population. E. Councilman Maude also requested that in the future when recommendations come from the Planning Commission they include a plot plan, with measurements, and such other information as is pertinent to the case involved. F. Mayor Andersen presented a notice from the California Contract Cities Association referring to the Sacramento Legislative Orientation Tour to be held January 21 and 22, 1970; and suggested those planning to attend to contact Mr; Gunn. • G. Mayor Andersen also presented a letter from Reverend Kenneth Harry, President of the Rosemead Ministerial Fellowship, concerning this year's Community Thanksgiving Service to be held at the Church of Christ, November 26th at 7:30 p.m. It was moved by Mayor Andersen, second by Councilman Taylor, and unanimously carried, that we go on record as supporting the Community Thanksgiving Service as requested. There being no further business to come before the Council, it was moved by Councilman Whiddon, second by Councilman Maude, and unanimously carried, that we adjourn. Meeting adjourned at 10:45 o'clock p..m. CITY CLERK MAYOR 11