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CC - 04-25-61l CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL Minutes of April 25, 1961 A regular meeting of the City Council of the City of Rosemead was held in the. Council Chambers, 3954 North Rosemead Boulevard. The meeting was called to order by Mayor Andersen at 8:05 o'clock p.m. 1. The Pledge of Allegiance was led by Councilman Lowrey. Invocation was delivered by Reverend Kenneth Danskin of the Community Methodist Church. 2. ROLL CALL Present: Councilmen: Andersen, Jackman, Lowrey, Stead. Absent: Councilmen: Phinney. Ex officio: Watson, Farrell, Stump, Pederson, Armstrong. 3. APPROVAL OF MINUTES - APRIL 11, 1961. It was moved by Lowrey, second by Jackman, and unanimously carried, that the minutes of April 11, 1961 be approved as printed. 4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL Leslie Sparks, Attorney at Law, representing C and H Sales Company, 9131 East Garvey Avenue, stated that he and his clients were interested in an item which did not appear on the agenda, the requested vacation of the Rubio Wash, and wondered if this matter might be brought up at this time. City Administrator Farrell briefly outlined this proposed vacation and recommended that the City require dedication of an easement for alley purposes and an easement for sanitary sewers. Mr. Sparks advised the Council that his clients are willing to dedicate extention of the Sullivan Alley and also grant an easement for sewer purposes. He further stated that his clients have previously indicated a willingness to pay any costs incurred by the City in vacating this portion of the Rubio Wash.easement. Upon advice of Attorney Watson, it was moved by Lowrey, second by Stead, that the Council authorize the Mayor and Clerk to execute the necessary documents in favor of the owners of record on the conditions that: 1. easement is granted to the City for sanitary sewers, and 2. easement is granted to the City for the extention of the alley to the easterly boundary of the property concerned. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Stead. Noes: None. Absent: Phinney. 5. ORDINANCE NO. 65. AMENDING TRAFFIC REGULATIONS. AN ORDINANCE OF THE CITY OF ROSEMEAD PROHIBITING PARKING AT CERTAIN LOCATIONS AND AMENDING THE ROSEMEAD MUNICIPAL CODE. This ordinance was read in full by Attorney Watson who explained that this ordinance was drafted pursuant to Council's action at their last meeting. • It was moved by Lowrey, second by Jackman that Ordinance No. 65 be introduced. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Stead. Noes: None. Absent: Phinney. 6. PROPOSED ORDINANCE REGULATING DISSEMINATION OF ADVERTISING MATTER. Councilman Phinney arrived at this time. AN ORDINANCE OF THE CITY OF ROSEMEAD REGULATING THE DISSEMINATION OF ADVERTISING MATTER AND AMENDING THE MUNICIPAL CODE. This ordinance had been drafted for study only and was read in full by Attorney Watson who pointed out those portions of the ordinance which deviated from the Temple City ordinance. A communication from Mrs. Marieva T. Roberts, Publisher of the Garvey Advertiser was read in full by City Administrator Farrell. This communication stated in part, " we feel that the proposed ordinance is much too discriminating. Delivery of the Advertiser can be stopped by any resident, anywhere, with a simple telephone call to our office. If any- one does not want us - we do not want them. Whether or not the proposed ordinance becomes a reality, these two questions remain. What makes the Garvey Advertiser any more of a litter than an adjudicated paper tossed into the yards and is delivered free to the residents of Rosemead? Why is a paper ten feet from a porch or stoop any more unde- dirable than one twelve or fifteen feet out from the porch or stoop?" J. R. Horning, 9254 East Marshall Street stated he must agree with Mrs. Roberts, that he has never subscribed to any of the four adjudicated papers that are thrown in his yard each week. Mr. Horning stated further that he felt there was no protection whatsoever in this proposed ordinance. Councilman Phinney stated that he did not feel the Council was "tackling" this problem properly at all, that in his opinion a business license is the only answer. Willietta Kunz, 3911 North Ivar Avenue, stated that she lives across the street from Mrs. Roberts and that their homes are located between two schools and this street might well be termed a litter street. Mrs. Kunz stated that the Garvey Advertiser is a great source of "do it yourself" material and asked if the adoption of an ordinance such as the one under discussion would not require an increase in the city staff and additional policing. Frank DiNoto, Chamber of Commerce President, asked the Council just what was their basic objective. Mr. DiNoto stated that • he felt that until a determination was made as to just what needs to be accomplished it will be impossible to take any action. After lengthy discussion, Mayor Andersen ordered this matter deferred to a later date. - 2 - • E 7• 8 a aVlol • • RIGHT-OF-WAY ACQUISITION - MARSHALL STREET. REPORT. City Administrator Farrell stated that at the last meeting he had been directed to come up with an estimate on the cost of improving Marshall Street on the north side for a distance of 450' easterly from Walnut Grove Avenue. Mr. Farrell stated the cost of widening Marshall Street to the proper width, installing curb and gutter and pave out would cost an estimated $1,500. to $2,000. To cut back the berm and pave out only would cost approximately $600. to $1,000. Either of these methods would use the dedicated right-of-way in its entirety at this location. It was moved by Lowrey, second by Andersen that this matter be referred to the Planning Commission for their consideration as a major city street. After short discussion, the foregoing motion was modified to require that this report be given to the Council in two weeks. Several Councilmen expressed the opinion that this street should be widened at this location prior to September 1. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey,, Phinney, Stead. Noes: None. Absent: None. APPOINTMENT OF PARK STUDY COMMITTEE. Mayor Andersen appointed the following persons to the Park Study Committee. Stuart H. Maude, representing Service Clubs, Glenn Reeder, representing Elementary School Board, Burl Blue, representing High School Board, Willietta Kunz, representing the Planning Commission, Walter Beechler, representing Rosemead Youth Association, John Horning, at large, LeRoy Morgan, at large, Ray Gaynon, at large, and Dolores Quirk, representing the Junior Woman's Club. 0 9 Mayor Andersen called the first meeting of this committee for 8:00 o'clock p.m., Tuesday, May 2nd, in the Council Chambers. NEW BUSINESS RESOLUTION NO. 61-26. CLAIMS AND DEMANDS. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $22,709.16 DEMANDS 14UMBERS 853 THROUGH 868. Mayor Andersen ordered this resolution read by title only and a summary of expenditures presented, if there were no objections. There were no objections. City Administrator Farrell read this resolution by title only and presented a summary of expenditures. It was moved by Lowrey, second by Jackman that Resolution No. 61-26 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. - 3 - • • 10. COMMUNICATIONS. A. CITY OF SAN GABRIEL RE: ROSEMEAD COMMUNITY BAND This letter of commendation for the participation of the Rosemead Community Band at a City of San Gabriel function was read in full by City Administrator Farrell. Mayor Andersen ordered this communication received and filed. B. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS. RE: VALLEY BOULEVARD SIGNALIZATION AT IVAR AVENUE AND ROSEMEAD BOULEVARD. This communication was read in full by City Administrator Farrell and advised the City of approval of a traffic signal at Ivar Avenue and Valley Boulevard and left turn channalization on Valley Boulevard at Rosemead Boulevard. It was moved by Lowrey, second by Andersen, and unanimously carried that a letter of commendation be written to Montivel Burke for his assistance in this matter. Mayor Andersen ordered this communication received and filed. • City Administrator Farrell advised the Council that he had investigated the increased cost of the State's High Intensity Lighting Program on Valley Boulevard and that the major portion of the additional cost was attributable to the installation of "Walk - Wait" boxes. Mr. Farrell further stated that the State had indicated that it is their feeling that the City would regret it in time if these boxes were not installed in conformance with the overall lighting improvement on Valley Boulevard. I]. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. None. • MATTERS FROM CITY OFFICIALS. A. Mayor Andersen advised the Council that the next League of California Cities meeting will be held May 4th and requested Councilmen planning to attend to please notify Deputy City Clerk Armstrong so reservations can be made. Councilmen Andersen, Jackman, Lowrey and Stead indicated they plan to attend. B. It was moved by Andersen, second by Lowrey, and unanimously carried that a letter of thanks be written to Mr. Harry S. Buchanan for the mail distribution receptacles he had construct- ed for the City Hall. C. Mayor Andersen stated that if there were no objections he would • ask the Ministerial Fellowship to prepare a new invocation schedule for the coming year. There were no objections. D. Mayor Andersen stated that the City was starting a new year and that he would appoint representatives the same as last year subject to the approval of the Council i.e., League of 44 California Cities, Andersen; Alternate, Stead - Sanitation District, Andersen; Alternate, Jackman - Library Board, Lowrey - Park Board, Phinney. The Council agreed unanimously to these appointments. - 4 - C 0 E. City Administrator Farrell advised the Council that the documents necessary to proceed with the vacation of a portion of Grand Avenue had been received. Councilman Lowrey moved that the Council approve this vacation if all legal requirements have been met. • Attorney Watson advised the Council that it is necessary to follow legal procedure, posting is required and a Public Hearing must be held. Councilman Lowrey withdrew his motion and it was moved by Phinney, second by Lowrey, and unanimously carried that necessary procedures be followed to complete the vacation of this portion of Grand Avenue. F. City Administrator Farrell referred to the letter of approval for signalization of Ivar Avenue and Valley Boulevard that had been read this evening and advised the Council that an additional cost of $60.00 per signal arm on the lighting standards would be required and one existing base will have to be removed and a heavier base installed at a cost of $250.00. Mr. Farrell advised the Council that he has requested State participation in this additional cost. • It was moved by Andersen, second by Lowrey, and unanimously carried that the Council authorize modification of contract to include the necessary signal arms and removal and replace- ment of one existing base. G. City Administrator Farrell displayed an actual size drawing of the proposed city limit signs and stated if there were no objections he would order the necessary signs. There were no objections. H. City Administrator Farrell advised the Council that a commun- ication had been received from the Upper San Gabriel Valley Water Association inviting the Council to attend the next Board of Directors meeting on May 10, 1961. Mayor Andersen requested that the Councilmen be contacted a • few days before the meeting to determine whether or not they would attend. 1. City Administrator Farrell advised the Council that an invitation had been received from the Circle of Hope invitingg the Council to attend their first anniversary meeting on May 8, 1961. Mayor Andersen requested that the Councilmen be contacted a few days before the meeting to determine whether or not they would attend. J. City Administrator Farrell advised the Council that a communication had been received from the League of California Cities request- ing immediate action on Assembly Bill 2045• This communication was read in full by City Administrator Farrell. It was moved by Lowrey, second by Phinney, and unanimously • carried that this communication be received and filed. K. Councilman Phinney requested that Mayor Andersen prodaim April 24th through the 28th as Public Schools Week. It was moved by Phinney, second by Lowrey, and unanimously carried that April 24th through 28th be proclaimed Public Schools Week. - 5 - L. Councilman Lowrey asked if the member representing the City at the League of California Cities meeting on Municipal Court Consolidation had been advised how to vote. Mayor Andersen stated that at the Council meeting prior to the League meeting the City Administrator was instructed to furnish the Councilmen with as much information as possible and then the Council was to be polled and Councilman Stead was to be informed as to the Council's wishes. Mayor Andersen further stated that Deputy City Clerk Armstrong polled three members of the Council and received notice from each of them to oppose the Court Consolidation and being unable to contact the fourth Councilman, Councilman Stead was informed of the results of this poll. Councilman Lowrey stated that in reading the Bonelli Report he discovered that Rosemead had abstained from voting and in the San Gabriel Valley section of the Sunday Times he read an article that stated only two cities in the San Gabriel Valley had abstained from voting on this matter and Rosemead was one of them. It was moved by Lowrey, second by Andersen that a resolution be drawn up and sent to the Board of Supervisors and the League • of California Cities showing that Rosemead had taken and does take a stand on the Court Consolidation. Mayor Andersen stated that when a delegate is instructed to vote a certain way he should follow those instructions but if there is a change in the matter to be voted upon he would think that if the change were small, the delegate should vote as instructed, but if there were a large change he did not know just what should be done. Mayor Andersen asked Councilmen Stead if he would like to make a report. Councilman Stead made the following report. Reporting on the consideration given to the proposed Municipal Court consolidation from 23 districts to 9 districts at the April 6 meeting of the Directors of the League of California Cities, Los Angeles County Division. • to Mayor Arnold C. Andersen, (at the Rosemead City Council meeting of March 28, 1961... "After a short discussion (re: Municipal Court Consolidation), Mayor Andersen directed the City Administrator to obtain as much information as possible and forward it to the Council and then poll the Council before Councilman Stead attended the League meeting on April 6th so he will be able to indicate the feelings of the Council at that time.") Very shortly prior to the April 6 meeting of the League of California Cities our Deputy City Clerk phoned that she had contacted three of the Councilmen and they felt that Rosemead should vote against the court con- solidation on the basis of our not being fully informed. • Developments at the meeting brought forth three points, each of which was adequate basis for the "abstain" vote for Rosemead that I gave as alternate director: 1. The additional discussion and material presented at the meeting makes it appear that Rosemead would stand to benefit - rather than to lose - by the court consolidation;.but I did not vote my opinion' - 6 - • • 2. The Resolution presented by Alhambra stated that "after thorou h studX of the matter" we recommend rejection o t e -district plan. For myself, and it was my understanding that for the rest of our Rosemead councilmen, we had not previously made a thorough study of the propose -reorganization of the court districts. 3. Before Alhambra's resolution was put to a vote it .was amended to include opposition to a possible • future proposal of a one-court plan. This point had not been included in the Rosemead Council recommendation. Under the circumstances enumerated it would have been as remiss for me to have voted "'for" the Resolution as to have voted "against" - therefore I voted "abstain" for Rosemead, as did 8 other directors for their cities. Councilman Henry E. Stead, Alternate Director April 22, 1961. Councilman Lowrey stated he had noticed this because if Councilman Stead would recall, one of the reasons he was removed from the office of Mayor a little over one year ago, was because he did make up his own mind after the Council had acted on • different items. Councilman Stead stated he did not recall which items Council- man Lowrey had reference to, if any. It was moved by Stead, second by Phinney, that this matter be tabled. Roll call vote on the motion to table as follows: Ayes: Andersen, Phinney, Stead. Noes: Jackman, Lowrey. Absent: None. M. Mayor Andersen requested that when the meeting adjourned this evening that it adjourn to 7:30 o'clock p.m. on May 9th. N. Councilman Stead stated that in view of the discussion that had just taken place, he would like to make the following motion. It was moved by Stead, second by Phinney, that the Council establish a policy against the polling of a Council, Commission, Board, or Committee outside of a regularly-called meeting because: FIRST AND FOREMOST - there is the possibility of circum- stances under which such polling could be considered a violatior of the "Brown Act". SECOND - the members, and the public, lose the benefit of the thinking processes and the reasoning of each other in the effort to reach a decision. THIRD - it puts the "poll taker" on the spot. There will always be some elaborations of the question, and some qualifi- cations to the answer. These variations will likely have a different meaning and be of different significance to others who are interested than to the one taking the poll. Roll call vote as follows: Ayes: Phinney, Stead. Noes: Andersen, Jackman, Lowrey. It was moved by Lowrey, second by Jackman, and unanimously carried that the meeting.adjourn to 7:30 o'clock p.m. on May 9, 1961. Meeting adjourned at 10:10 o'clock p.m. MAYOR IT CLERK - 7 -