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CC - 02-23-93APPROVED CITY OF ROSERIEAD MINUTES OF THE REGULAR MEETING DATE ROSEMEAD CITY COUNCIL RY FEBRUARY 23, 1993 The Regular Meeting of the Rosemead City Council was called to order by Mayor Clark at 8:02 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Vasquez. The Invocation was delivered by City Treasurer Foutz. ROLL CALL OF OFFICERS: Present: Councilmen McDonald, Taylor, Vasquez, Mayor Pro Tem Bruesch, and Mayor Clark Absent: None APPROVAL OF MINUTES: FEBRUARY 9, 1993 - REGULAR MEETING MOTION BY COUNCILMAN MCDONALD, SECOND BY COUNCILMAN TAYLOR that the Minutes of the Regular Meeting of February 9, 1993, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: Certificates were presented by the Council to the visiting Engineers from Rosemead's Sister City in Zapopan, Mexico. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Juan Nunez, 2702 Del Mar Avenue, asked about the City's liability when a broken fire hydrant is not replaced, noting that one has been missing at Pine St. and Garvey Ave. for more than two weeks. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. A PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF A RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION SURCHARGE TO MEET STATE MANDATES UNDER AB 939 AND TO DEFER COSTS RELATED TO THE ENVIRONMENTAL CLEANUP AND DEFENSE COSTS ASSOCIATED WITH THE CLOSURE OF THE OPERATING INDUSTRIES LANDFILL The Mayor opened the public hearing. Frank G. Tripepi, City Manager, presented an overview of the City's financial situation regarding the expenses that are being incurred by the City to fight the litigation brought by Transportation Leasing, Inc. for the cleanup of the Operating Industries landfill. Juan Nunez, 2702 Del Mar Avenue, questioned the legal fees being charged to defend the case. There being no one else wishing to speak, the public hearing was closed. The following resolution was presented to the Council for adoption: CC 2-23-93 Page #1 0 RESOLUTION NO. 93-11 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF ROSEMEAD APPROVING A $.76 MONTHLY SURCHARGE ON RESIDENTIAL REFUSE BILLS AND A 7% SURCHARGE ON COMMERCIAL AND INDUSTRIAL BILLS Councilman Taylor asked how long the City would be given to pay off any judgment and City Attorney Robert Kress responded that that was unknown at this time. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY 0 Resolution No. 93-11 be adopted at the rate of a residential and a 7% surcharge on commercial and sunset clause stating that the surcharge will be AB 939 mandates have been met and the successful lawsuit or the year 2000; whichever comes first. )UNCILMAN TAYLOR that $.76 surcharge on industrial and with a discontinued when the settlement of the Vote resulted: Yes: Bruesch, Taylor, Vasquez, McDonald No: Clark Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman McDonald pointed out that this may need to be reviewed in a year. Mayor Clark asked that the explanation of the lawsuit and the survey of what surrounding cities are paying for trash pickup be included in the notification letter that will be sent to the residents explaining the surcharge. B. A PUBLIC HEARING TO CONSIDER ADOPTION OF A TR DEMAND MANAGEMENT (TDM) ORDINANCE - INTRODUCE The Mayor opened the public hearing. Al Rodriguez, City Engineer, presented the staff report and summary of the proposed ordinance. There being no one else wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3 MOTION BY COUNCILMAN MCDONALD, SECOND BY COUNCILMAN VASQUEZ that ordinance No. 729 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 93-08 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: CC 2-23-93 Page #2 RESOLUTION NO. 93-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $358,363.36 NUMBERED 5168 THROUGH 5282 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that Resolution No. 93-08 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 93-09 - ALLOWING REDEVELOPMENT AGENCY PAYMENT FOR THE RESTROOM FACILITY AT THE ROSEMEAD COMMUNITY RECREATION CENTER The following resolution was presented to the Council for adoption: RESOLUTION NO. 93-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE.RESTROOM FACILITY AT THE ROSEMEAD COMMUNITY RECREATION CENTER MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN McDONALD that Resolution No. 93-09 be adopted. Vote resulted: Yes: Bruesch, Clark, Vasquez, McDonald No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated he was in favor of the project but that City funds should be used. C. RESOLUTION NO. 93-10 - ALLOWING REDEVELOPMENT AGENCY PAYMENT FOR THE CONCESSION STAND AND RESTROOM FACILITY AT ROSEMEAD PARR The following resolution was presented to the Council for adoption: RESOLUTION NO. 93-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE CONCESSION STAND AND RESTROOM FACILITY AT ROSEMEAD PARK MOTION BY COUNCILMAN MCDONALD, SECOND BY MAYOR PRO TEM BRUESCH that Resolution No. 93-10 be adopted. Vote resulted: Yes: Bruesch, Clark, Vasquez, McDonald No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 93-12 - REQUESTING FEDERAL FUNDING FOR NATURAL GAS UTILIZATION TECHNOLOGIES The following resolution was presented to the Council for adoption: CC 2-23-93 Page #3 • RESOLUTION NO. 93-12 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY O,F ROSEMEAD SUPPORTING A RESEARCH, DEVELOPMENT AND DEMONSTRATION INVESTMENT IN ENERGY AND ENVIRONMENTAL TECHNOLOGIES Juan Nunez, 2702 Del Mar Avenue, was opposed to this expense at this time. Mayor Pro Tem Bruesch noted that natural gas is part of the clean air strategy and verified that these funds would be used for research and development and not for the search for new natural gas fields. MOTION BY COUNCILMAN MCDONALD, SECOND BY COUNCILMAN TAYLOR that Resolution No. 93-12 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-B and CC-F REMOVED FOR DISCUSSION CC-A ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL MODIFICATION AT WALNUT GROVE AVENUE AND MARSHALL STREET CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES HOUSING ELEMENT COMPLIANCE SEMINAR IN MONTEREY, MARCH 12'-13, 1993 CC-D APPROVAL OF AMENDMENT TO JOINT POWERS AGREEMENT WITH THE WEST SAN GABRIEL VALLEY CONSORTIUM TO INCLUDE THE MONTEBELLO UNIFIED SCHOOL DISTRICT AND THE CITY OF TEMPLE CITY CC-E AUTHORIZATION TO PURCHASE REPLACEMENT COMPUTER EQUIPMENT FOR THE ROS04EAD SHERIFF'S TEAM MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-B AUTHORIZATION TO PLACE FULL PAGE ADVERTISEMENT AND ATTEND THE 20th ANNUAL WE-TIP CONFERENCE IN ONTARIO, APRIL 16-18, 1993 Juan Nunez, 2702 Del Mar Avenue, stated this was too much money for an advertisement. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN McDONALD. that the Council authorize the attendance of any Councilmember, a Community Representative, and staff as designated by the City Manager, and the placement of a full page advertisement in the program. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 2-23-93 Page #4 CC-F APPROVAL OF AGREEMENT WITH ROSEMEAD BOYS AND GIRLS CLUB FOR POSTING AND REMOVAL OF FLAGS ON HOLIDAYS Juan Nunez, 2702 Del Mar Avenue, was concerned with the City's liability if persons under the age of 18 were used to post and remove flags. City Attorney Kress stated that the Contract could be amended to state that no persons under the age of 18 would be allowed to participate in this project. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN McDONALD that the Council approve the agreement as amended between the City of Rosemead and the Rosemead Boys and Girls Club for the purpose of posting and removing flags on Garvey Avenue and Valley Boulevard on certain designated holidays. Vote resulted: Yes:, Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. LICENSE SUSPENSION HEARING AND RECOMMENDATION FOR CHARMING KTV, 7940 GARVEY AVENUE, 1106 This item was deferred to the next regular meeting. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMAN TAYLOR 1. Asked for information on legislation to restrict 'filming at election precincts. B. MAYOR PRO TEN BRUESCH ~ 1. Asked for an item on the next Agenda expressing opposition to a proposed Card Club in Monterey Park. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None There being no further action to be taken at this time, the meeting was adjourned at 9:22 p.m. The next regular meeting is scheduled for March 9, 1993 at 8:00 p.m. Respectfully submitted: APPROVED: C' Clerk MAYOR CC 2-23-93 Page #5