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CC - 12-09-97MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL DECEMBER 9, 1997 APPROVED CITY O RO EAIEAD DATE -Z P 13Y The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:04 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor The Invocation was delivered by Councilmember Clark ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: JUNE 25, 1996 - REGULAR MEETING MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Minutes of the Regular Meeting of June 25, 1996, be approved as corrected. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: - None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Joshua Cantor, Field Representative from Congressman Matthew Martinez's office introduced himself to the Council. H. PUBLIC HEARINGS - None HI. LEGISLATIVE A. RESOLUTION NO. 97-51 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 97 - 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $652,313.19 NUMBERED 21909 THROUGH 22036 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 97-51. Vote resulted: CC 12-9-97 Page #1 4 Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilmember Taylor requested backup information on Check No. 21928 to Family Counseling Service in the amount of $150.00. B. ORDINANCE NO. 783 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING ANIMAL CONTROL AND CARE REGULATIONS RELATING TO POTENTIALLY DANGEROUS AND VICIOUS DOGS -INTRODUCE VERBATIM DIALOGUE BEGINS: MAYOR IMPERIAL: I have a request to speak on Item III. B. by Helen Gunther. HELEN GUNTHER: It's about your puppy dogs. I was sitting in the audience before when Councilman Taylor and Clark talked about the Pit Bulls. Sunday we had two incidents where a Pit Bull was running loose on Dubonnet Street, Loftus, Bartlett, Arnie. They called the Pound al 7 o'clock in the morning, on a Sunday morning because the dog had gotten a cat, and they threw something at the dog to make the dog drop the cat. The cat ran wild ...or the dog ran wild until about 3 o'clock in the afternoon. When it ran into a person's garage, they shut the garage up and kept the dog in there. They called the Pound at 3 o'clock in the afternoon and was told that the man was in Walnut and on his way over. So, if they didn't show up for the dog... finally, I kept calling from 3 o'clock on. They finally showed up at 7 o'clock Sunday night to pick the dog up out of the garage. The lady found out then that the dog had got her cat and had injured her cat. COUNCILMAN TAYLOR: Excuse me, Mr. Mayor. Was this a second cat or her cat alone? GUNTHER: Second cat. TAYLOR: O.K. GUNTHER: Monday morning at 8 o'clock, she woke me up and was talking to me on the phone, the first lady. And she said "Guess what!" 9 o'clock Monday morning the Pound showed up to pick up, on the first call, to pick up that cat. TAYLOR: Excuse me, Mr. Mayor. Another point of information, Helen. You said they called at 3 o'clock. GUNTHER: Right. TAYLOR: And, what happened 7 o'clock Sunday night? GUNTHER: They finally came out and picked up the cat... em, the dog at 7 o'clock. TAYLOR: And what happened at 9 o'clock Monday morning? GUNTHER: They came down on the original call, to find out where the dog was. TAYLOR: Oh, O.K. CC 12-9-97 Page 92 0 GUNTHER: Now this took me back nine years ago when I had a dog tied to my front tree. I called the Pound every hour on the hour until midnight when the Pound finally told me the man had gone out on a sick cat call. Now I think this is a little bit ridiculous for the people of Rosemead to get this kind of service from the Pound, myself. And, we're paying taxes today. They told them Sunday that there's only one man in one truck on duty over the weekend. Thank you. TAYLOR: Mr. Mayor. Would you mind if we put your comments in the minutes verbatim. GUNTHER: Not at all. TAYLOR: It is important. There was another incident that I talked about a month ago or so; a month to six weeks about another incident where a Pit Bull had killed another cat in our neighborhood. And, the young girl that I talked to, what had happened was...and the Council is not aware of this, because we got a report back that ...from a staff report, evidently from the Animal Control that no such incident took place. There was no record of it. But, yet, they came out and picked up the two white Pit Bulls. And, at approximately 9:30 that morning, the young girl said that the workers that were in her house, they saw the two Pit Bulls out in front of the house. And, later on, 1 I o'clock or so, I believe it was her brother or one of her friends, found her cat dead outside of the house there. Nobody saw what happened. But, I know of six incidents now with what you're telling me, six specific incidents where Pit Bulls have killed the cats. And, they don't tear them up and eat them, they just seem to maul them. But in any case, I'm just informing the Council that you all received a memo that that incident did not take place while it's just a coincidence that within that two hour period, when the workers saw the dogs out front, that the cat was killed. So, it can't be verified, but they did pick the dogs up; right on her street there. So, we can call it coincidence, but I believed it happened because I've seen it. GUNTHER: The lady that finally had the cat... the dog picked up lives on Arnie Street, and she even called the Sheriffs office and they told her there was nothing they could do about it as long as the Animal Control had been notified. TAYLOR: That's probably the proper channel that it goes through, and it should go... IMPERIAL: I have a hard time believing that the Sheriffs office would tell them something like that if they were worried about the danger that this dog posed to the people. Doug (Sheriffs Deputy), would you check that out for me, please. GUNTHER: I went around the neighborhood and told a man who had a little child walking about the Pit Bull running, and he said, yes, he had seen it down in the school yard earlier. IMPERIAL: Doug, check that out and I want the Assistant City Manager to send Council a staff letter telling us about it, and I'd also like to have a meeting with the person who runs the Pound, OK. So, set that up as soon as possible. COUNCILMEMBER CLARK: Mr. Mayor... DON WAGNER, ASSISTANT CITY MANAGER: Helen, when did this happen? GUNTHER: Sunday, this last Sunday, yes. WAGNER: You're the person that called or was it your neighbor? GUNTHER: Both of the calls went in was both my neighbor's, my phone rang off of the hook, I was... WAGNER: It was on Dubonnet, right? CC 12.9.97 Page #3 0 0 GUNTHER: Yes. CLARK: Was the second cat... killed..while the dog was in the garage? GUNTHER: She was locked in the garage and the neighbor didn't say how bad the dog...the cat was hurt. She said her cat was better. CLARK: How did the dog get the cat? Was the cat in the garage also? GUNTHER: Yes. The cat stays in the garage all the time. COUNCILMAN BRUESCH: Mr. Mayor. We had this discussion two months ago. We made a decision that we were going to contract with another agency for additional hours or contract with the same agency for additional hours; what is the status of that? WAGNER: We did it for about a six week period - we had extra hours. BRUESCH: It is ridiculous, it is absolutely ridiculous that time and again you get these reports about these vicious dogs and we have a fairly good ordinance. But, it is only paper unless we enforce it. We need to have Sheriffs and Animal Control work together. We've got to get these dogs off the street. That's all there is to it. I mean ...I'm talking out of frustration right now. IMPERIAL: Bob, one thing I've learned in life is the worst way you can move is through an assumption. At this point we're assuring that someone didn't do their job. Let's get all the facts, bring it back to the Council and then we'll know, OK. We'll have a meeting with the lady or man who runs this dog pound. I want all the statements from the Sheriffs Department. If they did get a call, that's supposed to be a matter of record. I want all the statements from the people that are supposed to be doing the job. Then we can discuss it and find out whether we should be mad or if there was some mix up, or what have you. TAYLOR: Mr. Mayor. BRUESCH: Mr. Mayor. Could we also have the...maybe the line of command or the procedures that the Sheriffs follows in terms of dangerous or vicious dogs that is on the loose and what is the protocol involved. I'd like to know that. TAYLOR: Mr. Mayor. I remember in the past, when there was a vicious dog report and it's probably a year ago where it was the Sheriffs that did go down and get the dog. But, I'd like it clear. Mrs. Gunther, was the animal or the dog reported as a vicious dog or a dog on the streets. GUNTHER: Yes. It was reported as a vicious dog. The understanding I have, the dog had several battle scars on it. Its ears, its jaws, its...so he has been in more than one fight, I would say. TAYLOR: Thank you. IMPERIAL: Helen, I can agree with what you told us. I have no doubt in my mind that these are the facts as you got them. Again, I learned something a long time ago that you can tell a story here, and by the time it gets to here, it has changed. I want all the facts in writing before making a decision. Thank you very much. TAYLOR: Mr. Mayor. Rather than have Mrs. Gunther's comments, can we have this discussion verbatim so that there's continuity to it? IMPERIAL: I have no problem with that. The Clerk is so directed. TAYLOR: Thank you. CC 12-9-97 Page N4 • BRUESCH: At this time I'd like to move the approval of the ordinance. Introduction of Ordinance No. 783, Ordinance of the City Council on potentially dangerous and vicious dogs. TAYLOR: I second the motion. IMPERIAL: There's been a motion and a second. Any questions? BRUESCH: Mr. Mayor. I have some language difficulties, well not difficulties. I want to make it absolutely clear what we're meaning here. On page 2, Definitions, (a) "potentially dangerous dog" means:..., and I'd like to, with the approval of the Council, to add "Any or all of the following", not just means this, because it might be construed that one of them ...is that legally OK according to our City Attorney. ROBERT KRESS, CITY ATTORNEY: You mean you want to add some conjunctives to the list? BRUESCH: Yes. "Any or all of the following", then have an "or" after each one. KRESS: That's fine. BRUESCH: OK. The second thing is, on page 3., again "Any or all of the following be", with the "or" after each clause. What is Section 599 (aa) of the Penal Code? KRESS: I apologize because I did check the cite to make sure that it did apply, but I don't recall... BRUESCH: I'd just like a memo on that because it says any dogs seized under that Article, and I like a little of information on 599 (aa). KRESS: When this comes back, we'll get you a copy of that. Also there are some special fees that are referred to in this Ordinance. We will also bring you back a resolution to set those fees. BRUESCH: OK. On page 4 there is an error in terms of numbering. I see 1, 2, 3, 5, & 6; but there is no 4, so we have to renumber that - on the first paragraph G. And it says, "If the dog in question dies or is sold, transferred or permanently removed from the City where the owner resides,", is it...assume that the City of Rosemead, from the City. Why do we have to have where the owner resides? We don't have jurisdiction over another City. TAYLOR: If the dog is in our City wouldn't that... attach to that? IMPERIAL: Why don't we just defer this? CLARK: No. I want something in writing. BRUESCH: No. I don't want to defer it. I want to get it in writing right now. I just want to see if the question is sold or transferred or permanently removed from the City, period. Why do we need where the owner resides? We can't say if the owner resides in Temple City we can't ...can we do that? Bob, you see what I'm saying? KRESS: Yes, I can see. IMPERIAL: I know what you're saying. What he's saying in reality is the fact that the owner doesn't reside in the City, who do we go after. We just go to the next City and tell them, and they carry on from there. They have to worry about getting their dog released, or whatever they're going to do with the dog then. CC 12-9-97 Page #5 • o KRESS: Let me just look at that issue. I think that comes down to a minor change of wording and if the Council wishes to introduce this Ordinance with technical corrections, we'll bring them back. BRUESCH: My motion is to approve this with the technical corrections be reworded on second reading. IMPERIAL: Does the second agree with this? TAYLOR: Yes. IMPERIAL: OK. The second agrees. Then if there's no further comment, will you vote. When all the corrections are made, I like staff to contact... Councilman Taylor, Bruesch, Maggie, do you want to be contacted so that you can read this thing prior to the meeting so that we know we have a good solid Ordinance here, before the meeting. (Council agrees) OK. Thank you, staff is so directed. VERBATIM DIALOGUE ENDS: Vote taken from voting slip: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None IV. CONSENT CALENDAR CC-A RELEASE OF BONDS - TM 52002; 7503 HELLMAN AVENUE MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council accept the public improvements, and release the bonds for the public improvements for Tract Map No. 52002. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VH. MATTERS FROM OFFICIALS A. NATIONAL PEARL HARBOR REMEMBRANCE DAY MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council approve flying the United States flag and the Missing In Action flag at half mast each December 7th in honor of National Pearl Harbor Remembrance Day. Vote resulted: CC 12-9-97 Page 96 0 0 Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. REQUEST TO AMEND AGENDA TO INCLUDE OPPOSING THE INCLUSION OF A VEHICLE MILEAGE TAX IN THE SCAG DRAFT REGIONAL TRANSPORTATION PLAN Councilman Taylor requested that the Council amend the agenda to include Consideration to Oppose the Inclusion of a Vehicle Mileage Tax (VMT) in the SCAG Draft Regional Transportation Plan, and determine the need to take action on this item arose after the posting of the agenda and there is a need to take action at this evening's meeting. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER CLARK the the Council approve amending the agenda to include Consideration to Oppose the Inclusion of a Vehicle Mileage Tax (VMT) in the SCAG Draft Regional Transportation Plan. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. CONSIDERATION TO OPPOSE THE INCLUSION OF A VEHICLE MILEAGE TAX (VMT) IN THE SCAG DRAFT REGIONAL TRANSPORTATION PLAN Councilman Taylor stated that the Transportation Committee of San Gabriel Valley SCAG representatives will be at the San Gabriel Valley Council of Governments public hearing on Wednesday and would like to go on record that the Council opposes the vehicle mileage tax as discussed and agreed upon at two previous Council meetings. Mayor Pro Tern Bruesch stated that he and Councilmember Clark have stated their opposition at SCAG meetings. Mr. Bruesch explained that Federal ISTEA transportation funds require a transportation plan that is economically feasible, meets air quality standards and reduces congestion and that the SCAG proposal is a bare bones outline and several items that the San Gabriel Valley Cities wanted included were omitted such as a recent study showing that the San Gabriel Valley is the least serviced by RTD buses and is the area most in need. Items were put in that were not wanted; such as the odometer tax and the conversion of diamond lanes to bus lanes. Mr. Bruesch stated that he will address all of those issues at the public hearing on Wednesday. Councilmember Clark stated that the reasoning behind the odometer tax was presented as a means of obtaining funds as vehicles are getting better mileage and, therefore, the State is not collecting as much money from gasoline taxes and needs to find an alternative method of collecting taxes. Ms. Clark continued that she resents the tax as a yearly mileage fee will be charged upon vehicle registration, which will be oppressive for low-income people as the assumption is that people can live where they work and if they don't, they will be punished. Ms. Clark explained that often lower cost housing is further away from their jobs. Ms. Clark CC 12-9-97 Page #7 explained that the new Smog Check II rules make it increasingly difficult to register a car, add to that car insurance and the odometer tax; people will be affected monetarily in three different ways all at the same time. Ms. Clark stated that this is a very arrogant proposal and wants to make Council's concerns known as strongly as possible and moved that these items be reiterated at tomorrow's meeting. Mayor Imperial stated that a previous letter with his signature had been sent to the Executive Director of SCAG stating Council's opposition to the VMT and that another letter should be written to SCAG. Councilmember Taylor expressed his concern that the first letter might not be incorporated with tomorrow's public hearing materials and perhaps a copy of that letter should have been sent to member cities to gather support for this issue. Mayor Pro Tern Bruesch stated that Mayor Imperial's letter was entered into the record at a SCAG meeting when this issue was brought up. Councilmember Taylor asked that Mayor Pro Tem Bruesch specifically address the VMT issue at the hearing. Councilman Vasquez asked if any other cities are protesting also. Mayor Pro Tem Bruesch stated that there is a lot of opposition to this tax, especially in Orange County. Mayor Imperial and Councilman Taylor agreed that another opposition letter be written to the Executive Director of SCAG and copies be sent to all member cities. Councilmember Clark asked that the letter state at the top of the heading, "Re: Opposition to Odometer Tax". Mayor Pro Tern Bruesch added that the odometer tax will affect the people that are being under serviced by our bus transportation system. MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMEMBER TAYLOR that the Council approve a strongly worded letter adamantely opposing the inclusion of the Vehicle Mileage Tax in the the Regional Transportation draft Plan be sent to SCAG; that such letter be executed by the Mayor; and that copies of that letter be sent to all SCAG member cities. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. CLOSED SESSION The Council recessed to a Closed Session at 8:40 p.m., pursuant to Government Code §54957.6 for the following purpose: CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator: Charles Goldstein. Employee Organization: Rosemead Local 347, Service Employees International Union, AFL-CIO. CC 12-9-97 Page N8 0 0 The Council reconvened at 9:06 p.m. Robert Kress, City Attorney, stated that the Council met in a Closed Session for the purposes as stated on the Agenda and provided direction to the City's labor negotiator. X. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:07 p.m. in memory of the two San Gabriel High School students that lost their lives in the storm drain during the recent rains. Respectfully submitted: aeu~~ City Clerk i APPROVED: us W~ ~ c-- NItkY0A CC 12.9-97 Page 49