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CC - 07-11-610 0 CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL Minutes of July 11, 1961 A regular meeting of Rosemead was held in Rosemead Boulevard. • by Mayor Andersen at I: The Pledge of ATTe'gi- City Council of the City of Council Chambers, 3954 North meeting was called to order o'clock P.M. was led by Mayor Andersen. the the The 8.11 3nce The Invocation was delivered by Gerard Kaye of the Rosemead Community Methodist Church. Mayor Andersen stated he wanted to take this opportunity to welcome Reverend Kaye to the community. 2. ROLL CALL Present . Councilmen: Andersen, Jackman, Lowrey, Phinney Stead. Absent Councilmen: None. • Ex officlo: Watson, Stump, Pederson, Armstrong. 3. APPROVAL OF MINUTES It was moved by Jackman, second by Lowrey that the minutes of June 19, 1961, June 23, 1961, and June 27, 1961, be approved as printed. At the request of Councilman Phinney, the foregoing motion was withdrawn. It was moved by Stead, Second by Phinney and unanimously carried that the minutes of June 19, 1961, be approved as printed. It was moved by Stead, second by Phinney and unanimously carried that the minutes of June 23, 1961, be approved as printed. After short discussion, it was moved by Stead, second by Phinney and unanimously carried that the minutes of June 27, 1961, be deferred to the next meeting. 4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. Joseph R. Edwards, owner of the Hurry Back Drive Inn, 9415 East Valley Boulevard, stated that he wished to protest the recommendations of the Hearing Officer to the City Council regarding his place of business. Attorney Watson advised Mr. Edwards that the recommendation submitted to the Council was just that, a recorendation and nothing more.' The Council may or may not follow this • recommendation.' Attorney Watson further advised Mr. Edwards that if he wished to protest, his protest must be in writing, and must be filed with the City Clerk, within ten (10) days of date of his notification, pursuant to Section 6201 of the Rosemead Municipal Code. • 7-11-61 UNFINISHED BUSINESS 0 5. ORDINANCE NO. 70. AMENDING TRAFFIC REGULATIONS. AN'ORDINANCE OF THE CITY OF ROSEMEAD PROHIBITING PARKING AT CERTAIN LOCATIONS AND AMENDING THE ROSEMEAD MUNICIPAL CODE. It was moved by Lowrey, second by Jackman and unanimously • carried that this Ordinance be read by title only. Attorney Watson read this Ordinance by title only. It was moved by Lowrey, second by Jackman that Ordinance No. 70 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. 6. PARK STUDY COMMITTEE REPORT Mayor Andersen stated he received a call from the chairman of this committee at 7:15 this evening advising him that this report would not be submitted this evening and re- questing that it be deferred to the next meeting. Mayor Andersen declared if there were no objections that this • matter would be placed on the next agenda. There were no objections. Councilman Stead made inquiry regardir.c the summer recreation program at the schools. Administrative Assistant Pederson advised the Council that present plans require the schools to furnish necessary materials and the City to finance the program. 'SEW BUSINESS 7. CLAIMS AND DEMANDS RESOLUTION NO. 61-47. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $12,470.50 DEMANDS NUMBERS 965 THROUGH 989. Mayor Andersen ordered this Resolution read by title only and a summary of expenditures presented if there were no objections. There were no objections. Administrative Assistant Pederson read this Resolution by title only and presented a summary of expenditures. It was moved by Lowrey, second by Jackman that Resolution No. 61-47 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. 8. REQUIRED COUNCIL ACTION. RE: CITY OPERATION FOR 1961-62 FISCAL YEAR. Attorney Watson advised the Council that there were four items pursuant to the adoption of the budget which required further Council action. First would be a resolution for rodent, control. RESOLUTION No. 61-48. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD NOTIFYING THE COUNTY OF LOS ANGELES OF ITS INTENTION TO AVAIL ITSELF OF RODENT CONTROL MEASURES. -2- 7-II-61 Mayor Andersen requested that this Resolution be read by title only if there were no objections. There were no objections. It was moved by Lowrey, second by Jackman and unanimously carried that Resolution No. 61-48 be adopted. Attorney Watson advised the Council the next item would be a minute order of the Council authorizing the extension • of the Chamber of Commerce Agreement. It was moved by Lowrey, second by Jackman that the Chamber of Commerce agreement be extended for one ( I ) year, expir- ation date to be June 30, 1962, and the Mayor be authorized to execute this extension. Councilman Stead stated that since it might be construed that he could have a remote interest in this motion since he has been nominated to the board of directors of the Rio Hondo branch of the Y.M.C.A., he would abstain from voting on this motion. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney. Noes: None. Absent: None. Stead abstaining. Attorney Watson advised the Council that he had prepared a resolution covering the increase in the monthly salary of the City Attorney. RESOLUTION NO. 61-49. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RE COMPENSATION OF THE CITY ATTORNEY This resolution was read in full by Attorney Watson. It was moved by Lowrey, second by Stead, that Resolution No. 61-49 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. Administrative Assistant Pederson advised the Council that the fourth item concerned the 10% increase in building permit fees. This increase would require modifications in the building code and he, therefore, requested that this item be deferred to the next agenda. Councilman Phinney stated he opposed this increase. Mayor Andersen ordered this item deferred to the next agenda if there were no objections. There were no objections. 9. TRAFFIC COMMISSION RECOMMENDATIONS. Administrative Assistant Pederson advised the Council that the Traffic Commission had recommended that the green curbing in front of the Post Office be extended easterly for a distance of 15 feet and that marked parking stalls be installed. This action was taken pursuant to a request from Postmaster Sandquist and would provide parking for four cars and still leave adequate space in front of the snorkel mail box. It,was moved by Lowrey, second by Jackman, that the City Attorney be instructed to prepare the necessary ordinance for introduction at the next meeting. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. - 3 - 7-II-61 10. COMMUNICATIONS. A. STATE DIVISION OF HIGHWAYS. RE: AGREEMENT-LOMA AND IVAR AVENUES. it was moved by Lowrey, second by Phinney, that the Mayor be authorized to execute the necessary agreement with the State Division of Highways. 0 Administrative Assistant Pederson advised the Council that a resolution had been requested rather than a minute order. RESOLUTION NO. 61-50. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS OF THE STATE DIVISION OF HIGHWAYS. It was moved by Lowrey, second by Jackman, and unanimously carried that Resolution No. 61-50 be adopted. B. LEAGUE OF CALIFORNIA CITIES. RE: JULY MEETING. Administrative Assistant Pederson advised the Council that this was a notification of the regular monthly meeting of the League of California Cities to be held Thursday, July 20th, . at Hollywood Park. Mayor Andersen requested those planning to attend to please make reservations with Deputy City Clerk Armstrong and ordered this communication received and filed if there were no objections. There were no objections. C. Mayor Andersen advised the Council he had received an invitation to attend a meeting of the International Footprint Association to be held July 27, 1961 that he would like to attend. Tickets are $5.00 and advance reservation is required. It was moved by Lowrey, second by Phinney, and unanimously carried that Mayor Andersen be authorized to attend this meet- ing of the International Footprint Association and the necessary reservation be made. . ll. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. None. 12. MATTERS FROM CITY OFFICIALS. Councilman Phinney stated, " Mr. Mayor, at first one item. 1 would like to get an insertion in the minutes. At one of our prior meetings---I'm'not asking to have this inserted because I missed a meeting, I'm asking it be inserted because I did go on record, at least in discussing this matter of moving the City Hall and it wasn't placed in the minutes, so I'm asking that now be placed in the minutes---me opposing it as an extravagant move, looking at it as a one year move. Now, if 1 looked at it as a five year move, why, I certainly • wouldn't look at it in the same light. I would like that in the record." Mayor Andersen advised Councilman Phinney that on many occasiona it is difficult to determine just how much should be placed in the minutes, therefore, he would like to know if Councilman Phinney wished his remarks to appear in the minutes verbatim. - 4 - i ~ L~ 0 7-11-61 Councilman Phinney stated, "Well, I'd like to get the meaning. I intend to be consistent and these things that are important to me, then I would like to have them in. I feel a little bit embarassed to bring this up because it affects our City Administrator and he isn't here. However, I'm going to bring it up anyway. I would like to read--- 1 don't know how much you want to read---I'll just read a little bit----if you want more then I will these are from the minutes of February 21, 1961, and I believe I can read just a sentence here or two without changing the meaning---- I'm sure I can. This is in regard to Resolution No. 61-7 and its in regard to the salary of our administrator. His recommendation was moved by Lowrey, second by Jackman, that the following salary adjustments become effective July 1, 1961 (now I'm not going to read any of them except the City Admin- istrator) City Administrator's salary to be effective July 1, 1961, Milton R. Farrell to receive $1,000, per month or $12,000. per year effective July 1, 1951 to June 30, 1962. And the roll call vote r,as as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. Now, I would like to bring into evidence a salary survey. As far as I know this was given out c:z June 19, 1961----given out to the City Council, so evidently this has been made up---- no doubt this has been made up since that time because we had one we worked off of earlier. At the bottom of the sheet--- the top of the sheet says, City of Rosemead Salary Survey 1961-62. There's other recommendations, but at the bottom of the sheet are these words and this iG on a monthly basis--- my interpretation is it's on a monthly basis I'd like to be told about it if my interpretation is correct---City Administrator $1,200. 1 would like to say, as far as I persL,i_-lly am concerned, I feel that Douglas MacArthur was removed from his office---removed from his command---for no greater insubordi- nation than the use of city time to try to get an additional twenty percent when we have already informed him by resolution that we intend to pay him a thousand dollars a month for the next year. I would like that to be included in the minutes. I go on record opposing the time spent forthis survey." Councilman Lowrey stated that surveys of this type are usually prepared following the raises granted in most city, county, • and state jurisdictions in the month of March and he had not taken this survey as an indication that a salary increase would be considered. Councilman Phinney stated, "Might I state this is the second one this spring." Councilman Lowrey stated that this was the first survey presented at the usual time, that the other had been a special survey to assist the Council in its consideration of salary increases last February. Councilman Phinney stated, "I think he cries it to us to work at city business. I further have some-more too. 1 would like to comment further on the City Administrator's........" Mayor Andereen in*-.rrupted Councilman Phinney to inquire • whether or not Councilman Phinney wished a verbatim transcript in the minutes. Councilman Phinney stated, "The discussion isn't necessary, 1 believe she got the main motion, however, I would like this all included now. Well, I'll make the motion a little later and try to leave out a lot of this nonessential. In discussing this, I feel that a man receiving---an administrator receiving a thousand dollars should be qualified and I would like to go - 5 - 7-II-61 on record as feeling that he is qualified. However, I would like to say that I am against allowing him to work in four or five conventions. We are paying him to do his work at the City here. He is requesting that we pay him expenses to these different conventions and I am stating that being that he is qualified he does not need to go to more than two conventions, and I am also stating that he is working for himself every bit as much, if not more, at these conventions, than he is for us because he is promoting himself as well as the City of Rosemead. He is looking for a better job---a better place--- improvement for himself. Therefore, I feel that we cannot honestly send him to four or five conventions. If Mr. Stead would like to introduce his motion at this time it would save me from some embarrasement as he has it written out. Attorney Watson asked if a motion of this type had not been adopted by the Council at their last meeting. Councilman Lowrey stated that a motion had been presented at the last meeting but had been defeated as it would have required a unanimous vote of the Council. Councilman Phinney stated, "If it would be the pleasure of the Mayor, I would like Mr. Stead to read his revised motion." It was moved by Stead, second by Phinney, that it be adopted as City policy that "out-of-town" convention, seminar, and/or other such meeting attendance by any member of the Rosemead City staff be limited to TWO such meetings in any calendar year on City time and/or City expense that any additional such meetings are to be on the staff member's own time and at his own expense. Further, that there be no "out-of-Calif- ornia" meeting attendance on City time and/or expense without prior City Council approval; and if such attendance is granted it is to be considered as one of the maximum of TWO such annual meetings on City time and/or expense. Councilman Lowrey spoke in opposition to the motion on the grounds that attendance at city expense always requires Council approval and use of the term "out-of-California" could tie the hands of the Council if the occasion arose and it was necessary for a staff member to attend an out of State meeting. Councilman Phinney stated, "Mr. Mayor, I'd like to speak in O favor of it and I think that the staff's first obligation here is to tend to the chores at home, I think. I didn t want to quote him so I didn't because you already know these things and all I would be doing would be telling the audience, so didn't mean to bore the City Council but I don't intend to point out that he also has vacations and holidays and sick leave and other things and, well, when you get right down to it, it doesn't leave much time for the chores here at home or on the farm." Councilman Lowrey inquired whether or not Mr. Phinney received paid vacations. Councilman Phinney replied, " Yes, sir. I don't get paid conventions though, or any expenses." • Councilman Lowrey inquired as to what the attitude would be if a convention pertaining to Councilman Phinney's job arose and the company wished to send him. Councilman Phinney replied, "Well, I'd certainly be glad to accept them. Yes, sir." - 6 - l 7-II-61 • • Councilman Jackman pointed out that no trips by the staff are automatic, that the Council by majority vote decides who and when certain functions should be attended. Councilman Jackman further stated that when a convention comes up that would benefit Rosemead by having representation from the City attend, this motion might restrict the Council. He further stated that attendance at any meeting is not automatic. Councilman Phinney stated, " Mr. Mayor, I wonder if the Council would like to know how many opposed expense paid trips we've planned to send people to Frisco? I wonder if you'd be inter- ested? I just wonder if you knew that practically our entire staff---at least our supervisory staff---could go under this proposal?" Mayor Andersen stated that the discussion was getting away from the motion. Councilman Phinney stated, "I won't discuss this anymore, however, there might be a technicality, I think it is related but nevertheless, to stick to the motion---I think this is a good motion because it limits the salaried staff---it does not eliminate the unpaid City Councilmen from attendance. It does not limit us. We are not being paid a salary while we attend. This is limiting the ones that we are paying them a salary--- plus the expenses. I think this is a good motion because in limiting them to doing as you say---as the previous councilmen have stated---we would have to look forward and choose the conventions that were of the most essential or the most importance or that would necessarily need the administrator to attend those conventions, where someone of lesser ability in the administrative field at least could attend those. 1 think this is a good motion and I move the adoption of it." Councilman Lowrey stated that conditions could change from month to month as to what was good for the City. Councilman Phinney replied, "It is good for the City to spend the money----as much money as possible for the City here at home." Councilman Stead enumerated the conventions outlined in the Summary of Proposed Non-local and Travel Meeting expenses • 1361-62. Councilman Phinney stated, "Mr. Mayor, a little further, I want to point out, if I haven't pointed it out, and that is our previous Administrator stayed with us less than a year, we don't know how long this administrator is going to stay with us. He may be gone before the year is over, who knows. But, what I'm saying is the people that live here---substantial citizens---will probably be here five, ten and even twenty years, and if they gain knowledge by going to these conventions ---representatives on the commissions---then they will have that knowledge here in the community one to five or ten years from now. Whereas, the knowledge that has been gained by a paid administrator, that knowledge will be gone when he goPF. I recommend the adoption of this motion. • Mayor Andersen pointed out that to adopt this motion would only indicate Council feeling but would not preclude appruve' of attendance to an additional meeting if the need arose. Councilman Stead stated he felt perhaps further clarificatic., was needed establishing policy, but if the occasion arose necessitating deviation from policy :t could be arr,r,-ed. - 7 - • • ` 7-II-61 Mayor Andersen indicated he felt some changes in the wording of the motion would clarify its meaning. Councilman Phinney inquired, "Mr. Mayor, would this be acceptable if the "City policy" was left out? Is that the key objection?" Mayor Andersen indicated that he would rather have the motion say "except with definite Council approval" rather than "limit to two such meetings." Councilman Phinney stated, "That to me would not be acceptable because that means that he would go to all the conventions that he just about wished to. This isn't really pertinent, but, Mr. Mayor, I know you have to work with the City Administrator and like that, but would you care to tell me if he's working for you or you're working for him?" Mayor Andersen replied, "I'll answer that. I don't feel that I'm working for him, I don't know why anyone should think that I was, and I don't feel he's working for me although I think he feels I'm the Mayor of the City that he is working for." Councilman Phinney stated,"You're representing the City Council and the people---you're the one that's in contact with him, and he should definitely feel that he's working for you." Mayor Andersen replied, " I think he does to that extent, that I'm the one that he would go to for City matters. I don't think that that is pertinent to this motion at all. I still am talking about the wording of this motion." Councilman Phinney stated, "May I ask the attorney if there isn't a means of getting away with this like suspending the rules and other things. 1 mean, isn't it very easy to rescind things and suspend the rules with things of such nature? This is just a matter of showing our good intentions. That is what I feel. This will be a little more difficult to allow him to get to the third or fourth meeting and that is exactly what I want---to make it a little more difficult, not to make it absolutely impossible. That I couldn't do unless you put in the • word unanimous." Councilman-Lowrey stated he opposed taking an action which would be recinded if the need arose, that he could not see any reason to taking an action and then turning around and rescinding it. Councilman Phinney stated, "I hope it isn't rescinded but I would like to have the attorney----after we get through dis- cussing this----I'd like to have him answer my question." Attorney Watson advised the Council that any action taken by the Council, by minute order or resolution, could be modified or exceptions made, by minute order or resolution., Councilman Stead stated that that was certainly his understanding. • Administrative Assistant Pederson made inquiry regarding the recommendation on page 39 of the approved budget which allowed for approximately one-third of expenses for the Traffic Engineer to attend the Institute of Traffic Engineer's Conference in Phoenix, Arizona, since he was currently in Phoenix, and no policy had been established prior to his going. - 8 - 7-11-61 0 At the suggestion of Mayor Andersen the motion was changed by substituting the words "away from home" for "out of town". Mayor Andersen explained that the Internal Revenue Department explains "away from home" as overnight. During the short discussion of the point raised by Mr. Pederson's question, Councilman Phinney stated, " I think the intent was to mean out of California, however, in this case, 1 don't see how it would affect this authorization." This appeared to be the opinion of the entire Council. Roll call vote on the motion as follows: Ayes: Andersen, Phinney, Stead. Noes: Jackman, Lowrey. Absent: None. B. Administrative Assistant Pederson advised the Council that as a matter of information regarding the after school recreation program that requests have been received by the people connected with the. program to open the schools for recreation on Saturdays. The School Superintendent has indicated that this has been done in the past without success based on the amount of attendance. This Saturday program is to be tried out at the Wells School for the next two Saturdays, after which the School Superintendent will report to the City on the success of the program. C. Administrative Assistant Pederson advised the Council he had three recommendations from the Planning Commission. 1. Mr. Pederson advised the Council that the Planning Comm- ission has requested that the Council take from the table the matter of buffer strips. He stated further that two minor changes had been made in the ordinance as proposed, the first allows for a time limit and the other was the insertion of the word "temporary" after the section number. It was moved by Stead, second by Phinney, and unanimously carried that this item be taken from the table and reconsid- ered. ORDINANCE NO. 74. AN ORDINANCE OF THE CITY OF ROSEMEAD PROVIDING FOR TEMPORARY RESTRICTIONS ON BUILDING IN INDUSTRIAL j ZONES ADJACENT TO RESIDENTIAL ZONES PENDING ADOPTION OF BUFFER REGULATIONS AND AMENDING THE TEMPORARY INTERIM ZONING ORDINANCE. After a short discussion, it was moved by Phinney, second by Lowrey, that the 150' be changed to 25', in section 1 of this proposed ordinance. After discussion, it was moved by Lowrey, second by Jackman, that this ordinance be tabled. Roll call vote as follows: Ayes: Jackman, Lowrey. Noes: Andersen, Phinney, Stead. Absent: None. 1 It was moved by Phinney, second by Lowrey, that the original motion be withdrawn, and that this ordinance be changed to provide for a 30 foot setback, a 6 foot wall and a )0 foot planting strip, and to be effective for a period of 60 days. Roll call vote as follows: Ayes: Jackman, Lowrey, Phinney, Stead. Noes: Andersen. Absent: None. Attorney Watson requested a few minutes to enable him to make the necessary changes in the ordinance. Mayor Andersen called a recess at 10:35 o'clock p.m. - 9 - r 2. Administrative Assistant Pederson advised the Council that the Planning Commission recommends that the Council initiate zone change proceedings for the property north of Grand Avenue to be changed to M-1 with the exception of the southerly 150 feet. It was moved by Andersen, second by Lowrey, that the Council institute proceedings to consider the advisibility of change of zone to M-1 of the property lying 150 feet north- erly of Grand Avenue and the first public hearing be set before the Planning Commission on August 7, 1961 and that the City Clerk give notices accordingly. 0 Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: Noce Absent. 3. Administrative Assistant Pederson advised the Council that the Planning Commission had requested the Council to go on record requesting that the electrical permit for Consolidated Cabinet and Floor Covering, 8300 East Valley Boulevard, not be finalized until the required six foot masonry wall has been constructed. It was moved by Phinney, second by Lowrey, and unanimously carried that the Department of Building and Safety be instructed not to finalize the electrical permit for Consolidated Cabinet and Floor Covering until the required wall has been constructed. r 0 7-11-61 • EJ Meeting reconvened at 10:45 o'clock p;m. Attorney Watson read this proposed ordinance in full. It was moved by Lowrey, second by Phinney, that this ordinance be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. 1 It was moved by Lowrey, second by Andersen, and unanimously carried, that the meeting adjourn. Meeting adjourned at 11:15 o'clock p.m. Next regular meeting July 25, 1961. MAYOR CITY CLERK - 10 -