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CC - 05-14-63CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL Minutes of May 14, 1963 A regular meeting of the City Council of the City of Rosemead was held in the Council Chambers, 8815 East Valley Boulevard. The meeting was called to order by Mayor Maude at 8:01 o'clock p.m. 1. CALL TO ORDER The Pledge of Allegiance was led by Chief John D. Barton of the Los Angeles County Fire Department. The Invocation was delivered by Reverend Charles Robertson of the Rosemead Foursquare Church. 2. ROLL CALL Present: Councilmen: Andersen, Jackman, Maude, Phinney, Stead. Absent: Councilmen: None. Ex officio: Watson, Farrell, Foutz, Wroe, Armstrong. 3. APPROVAL OF MINUTES: APRIL 23, 1963 - REGULAR MEETING. Councilman Stead requested that on page,6, Item 21, following the remarks by Roy Casares,-that the record show that Loren Rightmeier stated, "Non-smokers also have rights." Councilman'-Stead also requested that Page 6, Item 20 I, line 2, be corrected to read defense chairman rather than director. It was moved by Councilman Andersen, second by Councilman Stead, and unanimously carried, that the minutes of April 23, 1963 be approved as corrected. Councilman Andersen advised the Council that the minutes of • April 16, 1963 had not yet been approved. It was moved by Councilman Andersen, second by Councilman Jackman, and unanimously carried, that the minutes of April 16, 1963 be approved as printed. 4, TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. Barbara Gross, 9044 Newby Avenue, addressed the Council asking if there were any means of screening the groups renting the American Legion Hall. R. K. McCaffree, 9271 Steele Street, addressed the Council re- garding Rosemead night at the ballgame on May 16, 1963. • Adalade Holmquist, 3619 Earle Street, made inquiry regarding a moving van parked in a driveway overnight. PUBLIC HEARINGS.; Mayor Maude stated that the next eight items on the agenda were public hearings and requested those wishing to be heard to please stand and be sworn in. The Oath was administered by Deputy City Clerk Armstrong. C 5-14-63 5. 9400 BLOCK GUESS STREET, SOUTH SIDE, CURB AND GUTTER INSTALLATION. At the request of City Administrator Farrell, Mayor Maude ordered this matter deferred to the next meeting. 6. 3400 BLOCK DELTA AVENUE, BOTH SIDES, CURB, GUTTER, APPROACH AND • SIDEWALK INSTALLATION. City Administrator Farrell advised the Council that petitions have been filed representing more than the required 60% of the front footage for both sides of the street and a waiver of the 60 day waiting period has also been filed signed by 100% of the owners. Mayor Maude declared the public hearing open at 8:18 o'clock p.m. No one responded and the hearing closed immediately. It was moved by Councilman Andersen, second by Councilman Phinney, and c.°rried, that this improveis:ont proceed. Councilman Jackman abstained from voting. 7. 8400 BLOCK HELLMAN AVENUE, NORTH SIDE, CURB, GUTTER AND APPROACH INSTALLATION. (Delta Avenue to Chariette Avenue) • City Administrator Farrell advised the Council that a petition has been filed representing 100% of the front footage in this block. Mayor Maude declared the public hearing open at 8:19 o'clock p.m. No one responded and the hearing closed immediately. It was moved by Councilman Stead, second by Councilman Jackman, and unanimously carried, that this improvement proceed. 8. 3400 BLOCK CHARIETTE AVENUE, BOTH SIDES, CURB, GUTTER AND APPROACH INSTALLATION. City Administrator Farrell advised the Council that petitions have been filed representing 78% of the front footage on the east side • of the street and 75% of the front footage on the west side of the street. Mayor Maude declared the public hearing open at 8:20 o'clock p.m. No one responded and the hearing closed immediately. It was moved by Councilman Phinney, second by Councilman Andersen, and unanimously carried, that this improvement proceed. 9. 3600 BLOCK STRANG AVENUE, EAST SIDE, CURB, GUTTER AND APPROACH INSTALLATION. City Administrator Farrell advised the Council that a petition has been filed representing 69% of the front footage on the east side of this block. • Mayor Maude declared the public hearing open at 8:21 o'clock p.m. Phyllis Barth, 3634 Strang Avenue, addressed the Council regarding this project. Mayor Maude declared the public hearing closed at 8:25 o'clock p.m. It was moved by Councilman Stead, second by Councilman Andersen, and unanimously carried, that this improvement proceed. - 2 - C 5-14-63 10. 3600 BLOCK EARLE STREET, BOTH SIDES, CURB, GUTTER, APPROACH AND SIDEWALK INSTALLATION. City Administrator Farrell advised the Council that petitions have been filed representing more than the required 60% of the front footage for both sides of the street. Mayor Maude declared the public hearing open at 8:29 o'clock p.m. Mr. C.=C. Kennedy, 3613 Earle Street, addressed the Council re- questing that the Council refer action on this matter until a petition can be circulated requesting a 36 foot street. Mr. Kennedy was advised that he could circulate a petition after the improvement has been authorized. It was suggested that this petition should be filed within the next three or four weeks. Mayor Maude declared the public hearing closed at 8:41 o'clock p.m. It was moved by Councilman Andersen, second by Councilman Jackman, and unanimously carried, that this improvement proceed, and that the City Administrator be instructed to hold the design on this • street pending further Council action. 11. 9300 BLOCK F_EP NORTH SIDE, CURB, GUTTER. AND APPROACH INSTALLATION. City Administrator Farrell advised the Council that a petition has been filed representing 79% of the front footage in this area. Mayor Maude declared the public hearing open at 8:43 o'clock p.m. No one responded and the hearing was closed immediately. It was moved by Councilman.Stead, second by Councilman Jackman, . and unanimously carried, that this improvement proceed. 12. CONFIRMATION OF ASSESSMENTS, 9000 AND 9100 BLOCKS NEWBY AVENUE, BOTH SIDES. City Administrator Farrell advised the Council that billing on this project had been mailed totaling $7,792.12, but through an oversight, extraordinary excavation had not been included in the billing. Mayor Maude declared the public hearing open at 8:44 o'clock p.m. Charles Weedmark, 9045 Newby Avenue, addressed the Council re- garding the billing. Louis Sears, 9045 Newby Avenue, addressed the Council regarding repairs which have not been completed on the north side of the street, the street lights which have not been reinstalled and - damage which was done to his driveway. Mr. Sears was advised to file a claim with the contractor and send a copy to the City. Mr. R. F. Wheldon, 9009 Newby Avenue, advised the Council that billing for the improvements at 9005 and 9009 Newby Avenue should be sent to Crown Investment Company in El Monte. Gerald D. Capp, 9140 Newby Avenue, asked if his property is not now located on Mission Drive due to the realignment of Newby Avenue Mr. Capp also wished to know if the billing of $188.00 for his property was correct. City Administrator Farrell advised the Council that this bill should be readjusted. - 3 - 0 C 5-14-63 C~ Mayor Maude declared the public hearing closed at 8:58 o'clock p.m. It was moved by Councilman Phinney, second by Councilman Stead, that corrected bills, including the extraordinary excavation, be mailed to the property owners on Mission Drive, and that public hearing be held at the next meeting. Roll call vote as follows: Ayes: Andersen, Maude, Phinney, • Stead. Noes: Jackman. Absent: None. UNFINISHED BUSINESS 13. FINAL APPROVAL OF TRACT NO. 27479. City Attorney Watson advised the Council that this subdivision had now been through all the processing required by law and was now before the Council for final approval. It was moved by Councilman Jackman, second by Councilman Andersen, that the Council adopt the recommendations of the City Engineer and find that: The City Council, pursuant to Section 11587 of the Subdivision • Map Act, hereby finds that J. B. Weber Development Co., Inc., subdivider of the subject tract, has in good faith attempted to secure the signature of Southern California Edison Company, has been unable to do so and a refusal to accept the map for recording would work and undue hardship on the subdivider. The City Council, pursuant to Section 11590 of the Sub- division Map Act, hereby finds that J. B. Weber Development Co., Inc., subdivider of the subject tract, has in good faith attempted to secure an outright offer of dedication from Southern Counties Gas Company of California and Pacific Telephone and Telegraph Company, has been unable to do so and a refusal to accept the map for recording would work an undue hardship on the subdivider. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Phinney, Stead. Noes: None. Absent: None. • 14. APPOINTMENT OF REGIONAL LIBRARY BOARD REPRESENTATIVE. Mayor Maude stated that with the approval of the Council he would reappoint Councilman Jackman as the Regional Library Board representative. It was moved by Councilman Andersen, second by Councilman Phinney, and unanimously carried, that the reappointment of Councilman Jackman as Regional Library Board representative be ratified. NEW BUSI"£S 15. DEDICATION OF ROAD EASEMENT. 3823 WALNUT GROVE AVENUE. • Attorney Watson advised the Council that this document was in order for acceptance by the Council. It was moved by Councilman Phinney, second by Councilman Jackman, and unanimously carried, that this dedication be accepted and recordation authorized. - 4 - C 4110 • 5-14-63 16. DEDICATIONS OF SEWER EASEMENT. FIRST CITY BANK AND HELEN I. WILLIAivi Attorney Watson advised the Council that these documents were in order for acceptance by the Council. It was moved by Councilman Andersen, second by Councilman Jackman, and unanimously carried, that these dedications be accepted and recordation authorized. • 17. CONSENT TO DEDICATE AND PERMIT TO ENTER FOR CONSTRUCTION PURPOSES. MICHAEL ZANGARA. Attorney Watson advised the Council that this document covered the corner cut-offs at Marshall Street and the new street in Mr. Zangara's development in the 3800 block of Marshall Street and was in order for acceptance by the Council. It was moved by Councilman Jackman, second by Councilman Stead, and unanimously carried, that the Council accept this Consent to Dedicate and Permit to Enter for Construction Purposes. 18. CONSENT TO DEDICATE AND PERMIT TO ENTER FOR CONSTRUCTION PURPOSES. IVAR AVENUE. • City Administrator Farrell advised the Council that these five documents were required due to the realignment of Ivar Avenue requiring an additional 18 inches of right-of-way. Documents executed by Albanese, Archambach, Snelling, Buchanan and Mazur. It was moved by Councilman Jackman, second by Councilman Phinney, and unanimously carried, that these five Consents to Dedicate and Permit to Enter for Construction Purposes be accepted. Mayor Maude declared a short recess at 9:15 o'clock p.m. Mayor Maude reconvened the meeting at 9:25 o'clock p.m. 19. APPEAL OF PLANNING COMMISSION DECISION. ZONE EXCEPTION CASE NO. 16. • Planning Commission Secretary Wroe read in full the letter re- questing an appeal of Zone Exception Case No. 16. This comm- unication requested that the 16 foot setback required by the Planning Commission be modified to 5 feet. Attorney Watson advised the Council that four courses of action were open to them: 1. They could affirm the action of the Planning Commission, or 2. They could request a transcript and render a decision based on the transcript, or 3. They could refer the matter back to the Planning Commission, or 4. They could set the matter for a public hearing. Following discussion, it was moved by Councilman Andersen, second by Councilman Stead, and unanimously carried, that this item be deferred until after item 25 on the agenda. • 20. DISCUSSION OF POLICY. RE: COMMISSIONERS. Following discussion, it was moved by Councilman Stead, second by Councilman Phinney, that it be established as city policy that residency in the City of Rosemead be a condition of appoint- ment and serving as a commissioner. - 5 - L] C 5-14-63 Roll call vote as follows: Ayes Andersen, Maude. Absent: None. Jackman, Phinney, Stead. Noss: 21. AUTHORIZATION TO ADVERTISE..FOR ANNUAL BID FOR STREET IMPROVEMENT PROJECTS AND SETTING DATE FOR OPENING BIDS City Administrator Farrell advised the Council that Specifications for the annual contract are now in the hands of the City Attorney for approval and requested,ad0orization to'put,this out for bid setting,b..id deadline for June 7; 1963 at.4:00 o'clock p.m. and bid opening for June 71 1963.at.4:30 o'clock p.m,. It was moved by-Councilman' Phinney; second by Councilman Stead, that the Council authoriie.adver,tising for annual bids for street improvement projects and set the bid opening for 4:30 o'clock p:m.i June 7, 1963. 22. RESOLUTION N0. 63-27: REi COUNTY AID TO CITIES FUNDS. WALNUT GROVE AVENUE PROJECT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RE- QUESTING THE TRANSFER OF COUNTY AID;TO CITIES FUNDS FROM THE • TEMPLE CITY BOULEVARD PROJECT TO WALNUT GROVE AVENUE PROJECT City Administrator Farrell advised the Council that the adoption of this resolution was required to transfer the unexpended funds from the Temple City Boulevard project to the Walnut Grove Avenue project. At the request of Mayor Maude, Attorney Watson presented this resolution by title only. It was moved by Councilman Stead, second by Councilman Phinney, that Resolution No. 63-27 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Phinney, Stead. Hoes: None. Absent: None. is 23. 0 RESOLUTION NO. 63-28. CLAIMS AND DEMANDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWI'G CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $44,882.65 DEMANDS NUMBERS 2126 THROUGH 2169. Mayor Maude requested this resolution read by title only and a summary of expenditures presented, if there were no objections. There were no objections. City Treasurer Hugh Foutz read this resolution by title only and presented a summary of expenditures. It was moved by Councilman Jackman, second by Councilman Stead, that Resolution No. 63-28 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Phinney, Stead. Noes: None. Absent: None. City Administrator Farrell requested the Council to consider authorizing partial payment on the Ivar Avenue curb and gutter project at this time. Following discussion, it was moved by Councilman Andersen, second by Councilman Stead that the Council authorize part payment in the amount of $6,000.00 for the Ivar Avenue street improvement project. - 6 - 0 C 5-14-63 0 Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Phinney, Stead. Noes: None. Absent: None. COMMISSION RECOMMENDATIONS 24. PLANNING COMMISSION RECOMMENDATIONS. A. ORDINANCE AMENDING TEMPORARY INTERIM ZONING ORDINANCE C ZONES. ORDINANCE N0. 103. AN ORDINANCE OF.THE CITY OF ROSEMEAD AMEND- ING THE PROVISIONS OF THE TEMPORARY INTERIM ZONING ORDINANCE WITH RESPECT TO C-1, C-2, C-3 AND C-4 REGULATIONS AND AMENDING THE MUNICIPAL CODE. Planning Commission Secretary Wroe informed the Council that the intention of this ordinance is to permit full use of the C zoned property by allowing the required parking on adjacent property. Following considerable discussion, the provisions permitting the use of leased property for parking was deleted from the proposed ordinance. Considerable discussion was also held regarding the authority to approve parking plans under this ordinance. do This ordinance was read in full by Attorney Watson. It was moved by Councilman Stead, second by Councilman Phinney, that Ordinance No. lOsi be adopted as read. (Planning Commission as authority to approve plans) Roll call vote as follows: Ayes: Andersen, Phinney, Stead. Noes: Jackman, Maude. Absent: None. Attorney Watson advised the Council that the motion failed as the Government Code requires a four-.fifths vote to adopt an urgency ordinance. It was moved by Councilman Andersen, second by Councilman Jackman, that this matter be reconsidered. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, • Phinney. Noes: Stead. Absent: None. It was moved by Councilman Andersen, second by Councilman Phinney, that this ordinance be adopted as read. It was moved by Councilman Jackman, second by Mayor Maude, that this motion be amended to adopt this ordinance substituting the "City Administratoe'for the words "Planning Commission". Roll call vote on the amendment as follows: Ayes: Andersen, Jackman, Maude. Noes: Phinney, Stead. Absent: None. Roll call vote on the motion,as amended, as follows: Ayes: Andersen, Jackman, Maude. Noes: Phinney, Stead. Absent: !done. Attorney Watson advised the Council that this motion had also failed to meet the four-fifths requirement.. It was moved by Councilman Andersen, second by Councilman Jackman, that this matter be reconsidered. Roll call vote as follows: Ayes: Andersen, Jackman, Maude. Noes: Phinney, Stead. Absent: None. - 7 - 0 4 5-14-63 0 It was moved by Councilman Andersen, second by Councilman Jackman, that paragraph 4 the urgency clause, be deleted, and that this ordinance be introduced, with the City Administrator as the authority to approve parking plans. Roll call vote as follows: Ayes: Andersen, Jackman, Maude. Noes: Phinney; Stead. Absent: None. . B. REPORTS REQUESTED BY COUNCIL. RE: GENERAL PLAN. 1. BENTEL STREET EXTENSION. Planning Commission Secretary Wroe reported to the Council that the Planning Commission concurred with the recommendation of the City Council, that the Bentel Street extension from Muscatel Avenue to Ivar Avenue be deleted from the General Plan with the reservation that future development of the property provide for the free flow of traffic between Muscatel Avenue and Ivar Avenue. It was moved by Councilman Andersen, second by Mayor Maude, that the Council delete the Bentel Street extension from the General Plan and recommend to the Planning Commission that in connection with any proposed future development of this property that ingress and egress to Muscatel Avenue and Ivar Avenue be • provided. During discussion,.Councilman Phinney requested that the record show that this motion was not an honest motion to the motion that was referred to the Planning Commission on the 23rd of April. Councilman Andersen requested that the record also show that he had made the original motion and that he thought he had repeated it word for word, and that he tried to make it understood that Mr. Boyko and perhaps the rest of the Council agreed that it is not to be made that way, and that this is a substitute motion. Councilman Phinney requested that the record also show that our City Administrator made the motion and not a Councilman. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Stead. Noes: Phinney. Absent: None. • 2. STEELE STREET EXTENSION Planning Commission Secretary Wroe requested that the Council change the memo regarding this matter by striking the word "unanimously" from the first line of the second paragraph. Secretary Wroe advised the Council that the Planning Commission voted to retain this proposed extension of Steele Street in the General Plan on May 6, 1963. Following discussion, it was moved by Councilman Phinney, second by Councilman Stead, that the Council leave the Steele Street extension in the General Plan as proposed. Roll call vote as follows: Ayes: Jackman, Maude, Phinney, Stead. Noes: Andersen. Absent: None. • Mayor Maude stated that the Council would consider agenda Item 19, which had been deferred earlier in the evening, if there were no objections. There were no objections. 19. APPEAL OF PLANNING COMMISSION DECISION. ZONE EXCEPTION CASE HO. 16 Following discussion, it was moved by Councilman Andersen, - 8 - C 5-14-63 19 second by Councilman Jackman, that the Council set a de nova hearing on this matter for May 28, 1963. Roll call vote as follows: Ayes: Andersen, Jackman, Maude, Phinney, Stead. Noes: (Done. Absent: None. Mayor Maude advised the Council that the City Administrator felt that the remaining items on the agenda can be carried over to the next agenda. It was moved by Councilman Phinney, second by Councilman Jackman, and unanimously carried, that this meeting adjourn. Meeting adjourned at 12:18 o'clock a.m., May 15, 1963. MAYOR CITY CLERK 0 LJ - 9 -