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CC - 02-25-92' f 0 APPROVED MINUTES OF THE REGULAR MEETING CITY OF ROS^i✓II SD DATF. ROSEMEAD CITY COUNCIL FEBRUARY 25, 1992 13 The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:08 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor pro tem Clark. The Invocation was delivered by Pastor Dennis Alexander of the Church of the Nazarene. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, McDonald, Taylor, Mayor Pro Tem Clark, and Mayor Imperial Absent: None APPROVAL OF MINUTES: JANUARY 28, 1992 - REGULAR MEETING MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN McDONALD that the Minutes of the Regular Meeting of January 28, 1992, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: FEBRUARY 11, 1992 - REGULAR MEETING MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN McDONALD that the Minutes of the Regular Meeting of February 11, 1992, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: The Council presented a City plaque to Captain Richard Walls of the Temple Station on the occasion of his promotion to a new position. Frank G. Tripepi, City Manager, introduced the new commander of Temple Station, Captain Robert Mirabella. I. ORAL COMMUNICATIONS FROM THE AUDIENCE - None II. PUBLIC HEARINGS - None III.LEGISLATIVE A. RESOLUTION NO. 92-14 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 92-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $292,681.77 NUMBERED 1439-1466 AND 1474 THROUGH 1591 MOTION BY COUNCILMAN McDONALD, SECOND BY COUNCILMAN BRUESCH that Resolution No. 92-14 be adopted. Vote resulted: CC 2-25-92 Page #1 O • Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 92-15 - PROHIBITING PRODUCTION OF TRADING CARDS DEPICTING FELONS The following resolution was presented to the Council for adoption: RESOLUTION NO. 92-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD URGING THE CALIFORNIA STATE LEGISLATURE TO PROHIBIT THE PRODUCTION AND DISTRIBUTION OF MATERIALS BEARING THE LIKENESSES OF CONVICTED FELONS MOTION BY COUNCILMAN McDONALD, SECOND BY COUNCILMAN BRUESCH that Resolution No. 92-15 be adopted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 698 - APPROVING A CHANGE OF ZONE FROM PARKING (P) TO M-1D (LIGHT MANUFACTURING WITH A DESIGN OVERLAY) IN ORDER TO CONSTRUCT AN OFFICE BUILDING AT 2739 WALNUT GROVE AVENUE, ROSEMEAD (ZC 91-186) - ADOPT The following ordinance was presented to the Council for adoption: ORDINANCE NO. 698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM P TO M-D FOR PROPERTY LOCATED AT 2739-43 WALNUT GROVE AVENUE (ZC 91-186) MOTION BY COUNCILMAN McDONALD, SECOND BY COUNCILMAN.TAYLOR that Ordinance No. 698 be adopted. Vote resulted: Yes: Taylor, Imperial, Clark, McDonald No: Bruesch Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated that he objected to the movement of commercial enterprises into what was once a residential neighborhood. D.' ORDINANCE NO. 699 - REQUESTING THE USE OF MOTOR VEHICLE REGISTRATION FEES TO FUND PROGRAMS TO REDUCE AIR POLLUTION - VERBATIM DIALOGUE FOLLOWS: FRANK G. TRIPEPI, CITY MANAGER: Ordinance No. 699 is requesting the use of Motor Vehicle registration fees to fund programs to reduce air pollution from vehicular sources, establishing an air quality improvement trust fund and redistributing the use of monies deposited into said fund. As the Council knows, this is continued from your last meeting. The information requested at that time was a list for possible uses of the funds generated by AB 2766. We've given that to Council. There's five items in there that the Council can take a look at and as is staff's policy with any expenditures made on programs that are basically policy decisions, the Council will again look at this item at the time when we're suggesting or recommending the expenditure of the funds. CC 2-25-92 Page #2 ® • McDONALD: Move to approve. BRUESCH: Second. IMPERIAL: Questions? I had a couple of persons wishing to speak on this item. Joseph Vasquez and then Juan Nunez. AUDIENCE: I'm Joe Vasquez, address is 3633 Marybeth Avenue, Rosemead. I just wanted to make a comment. I missed the last City Council meeting. I was kind of hoping that the Councilmembers would expound why they voted no and yes and abstain because as,a taxpayer, I'm paying the State my fees to DMV and why we would not take advantage of this. I cannot understand it. I mean that's my tax money and I think we should be taking advantage of the money going out. I would hate to see our city losing out on these funds. So, just straight to the point and simple, that's my thoughts. TAYLOR: Mr. Mayor. I'll answer Mr. Vasquez. In the sense that whether most people are aware of it or not consciously as far as the taxing structure of the federal government and the state government simply because the legislature passes a law and has the authority to implement the taxes whereas Mr. Vasquez and myself or any of us, what's two dollars and what's four dollars? The laws of compounding of every dollar that they take from 10 million vehicles in California just adds up to millions of dollars. Now, by itself it's a pack of cigarettes or a few beers, whatever somebody may want but what I found is that the question was well why didn't we oppose it before it was passed? Well, typically that's the way politics works. They expect people to come up and voice their opinion and when it's all said and done and the legislature votes for it that's the end of it. But I have.found in the City of Rosemead we voted against some of the funding on an occasional program and the question comes back why would they not take free money? This is free money. Would you not say that, Mr. Vasquez? VASQUEZ: Well, it's my tax money. TAYLOR: That's right. It's everybody's tax money but it's free money from a higher agency and the question is why don't they take that money? Because every time they raise a tax, every time they have an increase and all the local agencies say here's more money. We can always take more money. No matter what it is and never say no. That's why I voted no and I'm going to vote no again tonight. VASQUEZ: I would think that you would vote yes but still send a letter of protest. TAYLOR: My protest is going to be in the record. VASQUEZ: Well, to each of us our own opinion.' TAYLOR: That's correct. IMPERIAL: And my answer to that Mr. Vasquez is that's the dangle the carrot approach. Okay? They dangle the carrot, we nip on it and don't worry about what they do to us because we're getting our belly half full or quarter full or whatever it is and it's got to stop someplace. VASQUEZ: In all due respect, we still lose that $32,000. IMPERIAL: In all due respect you're entitled to say that as a taxpayer and in all due respect as a taxpayer I'm entitled to give my opinion. VASQUEZ: So am I, sir. TAYLOR: Mr. Mayor. And so there's no misunderstanding I'd like my answer in the Minutes verbatim. I'll stand behind it for Mr. Vasquez so people can see where I stand on it. I'm sick and tired of every tax that they raise as I say the laws of compounding, people don't CC 2-25-92 Page #3 TAYLOR CONTINUES: understand what happens when there's so much taxing. It's the greatest country in the world. I wouldn't want to live anyplace else but you look up the definition of Communism, Socialism and welfare. All three are the same definition. Best country in the world but somebody better open their eyes. You can only tax so much. VASQUEZ: I think we're all fed up with taxes. TAYLOR: And this is the way I'm going to protest it and put it on the record. VASQUEZ: But again they're always taxing the small people through what have you. TAYLOR: The driver's license, driver's registration. CLARK: Mr. Mayor. I would like to answer because I abstained. And I brought with me the packet that we received last meeting and it did not give specific items which would where this money could be spent and now we do have specific even signals that will be worked on if this passes so I needed more information. That's why I abstained. BRUESCH: Mr. Mayor. IMPERIAL: Next is Mr. Juan Nunez and Frank Delia. AUDIENCE: My name is Frank Delia and I live on Temple City Boulevard. I'm here protesting this $2 fee. Everybody says what $2? Well, it's nothing. Well, let me cue you on something I've got right here. In Los Angeles County we have 6,110,507 vehicles that's paying into this right now. Today, I went and got my motor vehicle inspected for smog. $7 of that money went to the motor vehicles and half of that is supposed to be to take care of the environmental. According to this paper I got here Los Angeles is paying it says air quality they're paying $3, 100% smog. So, now this money they want if you don't vote against it we don't get this money. Do we need this money? McDONALD: You asking me? DELIA: Yeah, I'll ask you. McDONALD: Certainly we need $33,000. Do you want to give it to some other City? The tax has already been levied. The people are paying for it. I don't think the other councilpersons thinking that voting against it is some sort of signal to Sacramento that we don't like the taxes. That's beside the point. We're already being taxed. We ought to take advantage of the money because we're losing, last year we lost somewhere between 11%-15% of our sales tax so the budget is going down so any chance we get to get some funds that we're already paying for like Joe said, he's paying the money, why give it to some other city, why don't we at least get it back to use here in Rosemead. DELIA: Yes, I agree with you on that point. But don't you think we're paying high enough now? We're paying on a smog device, half of it's supposed to be going to this environmental deal. Now, why the hell should be paying another $2 for? TAYLOR: Mr. Delia are you aware that this goes to $4 now? DELIA: No, if we put $2 in here it'll increase it to $5, according to this. TAYLOR: Well, it is going to four right now. IMPERIAL: So, are you for or against this? DELIA: I'm against it. And one more thing. In 1988 we voted on a $1 tax, they call it a fee, to revamp the telephones on the highways. Now, $1 is no money. There's 15 counties that's paying into this. We're paying $6,110,507. That's LA county here, the total they're getting every year is $17,353,653. What do they do with all this money? And nobody's doing a damn thing about it. CC 2-25-92 Page #4 IMPERIAL: Well, this is what you see tonight, you know, a protest vote. That's'what it's been called, Mr. Delia. DELIA: Well, we can't do anything. It's you guys got to fight it. You guys got to get all the rest of the cities. It's got to stop someplace. To me a dollar don't mean a damn thing to me but there is a lot of people a dollar means something to them. IMPERIAL: Thank you. McDONALD: Mr. Mayor. I call for the question. IMPERIAL: We have one more speaker. Mr. Nunez. AUDIENCE: Juan Nunez, 2702 Del Mar. I still think as I said before that I think you people are conspirators for trying to take advantage of it. I know that you're losing on it and we're losing on it but as you are our representatives that have been elected to represent us are conspirators when those guys up there in Sacramento and Washington say we want to raise the tax and they raise it because nobody as a legislative body as you are protests it so they continue and I think a legislative body like we have here that's supposed to represent the city should fight against all these taxes that are coming up. They're nickel and diming us. IMPERIAL: I agree. BRUESCH: Mr. Mayor. I'd like to make a comment on this whole issue of the air quality of our area. I've lived here for nearly 40 years and when I first went to school I was told we had the filthiest air in the United States and reports just recently have corroborated the fact that we still have the filthiest air in the United States. If you look at any type of lung disease statistics and heart disease statistics we're still at the top of the curve and for years we said that we're going to do this, we're going to that, we're going to do this, we're going to do that and nothing really took hold and all of a sudden we see a push toward remedying the situation through regulations and through traffic control and so forth and so on. Well, you wonder why. Well, it's because the federal government has given the state government has given the county government has given the city government the dictum you'd better cleanup your air. You do not comply with federal air standards and we hear this constant complaint about well over regulation sending businesses out of California, true. But the point is is that California still has the rottenest air in the whole of the United States and yes we have to pay extra taxes to clean this up. I am looking at the people most affected and least able to combat the health problems caused by unclean air and that's our kids and our senior citizens. How many millions of dollars of untold medical bills do these seniors and these kids have to pile up because of our unclean air and basically this is what I'm thinking of. It's a policy judgment on each councilperson on their own. My opinion is that the health of our seniors and our kids is way more important than anything else that we can provide for future generations and if by voting yes on this one step will help assure that then I'll take that step and I have no qualms about it. I don't consider myself a conspirator. I think I'm trying to do what I see as best for the community at whole and our area as a whole. I'm thinking in terms of doing our part to further the ends of cleaning up our air. TAYLOR: Mr. Mayor. I'd like to state that most of us are aware that the Air Quality Management District and the air pollution standards have been reduced in the state of California and in LA County and as a matter of fact they have changed the standards of measuring the polluted air because we were not having such a quota as we weren't exceeding it we were actually cutting the days so they changed the standards to make it appear that we now have more polluted days and correct me if I'm wrong, did they not change these standards? IMPERIAL: Yes, I believe they... CC 2-25-92 Page #5 ® • TAYLOR: The point I'm trying to make is everyone of us without exception when we get on to the issue of safety and children and the elderly, everyone of us are in favor of that but in fact we are cleaning up the air and the other issue that goes with this particular one later on it's creating another governmental agency as Mr. Nunez made the comment we get another layer of government, they're going to take each City Council and we will have a representative on this new board. We already have the air quality board to begin with but now we're going to create a bigger and broader board with every city that will have an agency or will have a member on this. So, again it's just we create layer after layer after layer and we need more taxes to fund everyone of these and there's got to be a stop to it somewhere so Mr. Bruesch, when you say that you're voting for the children and the elderly and such we're not opposed to that and we are in favor of that but we are making progress in cleaning up the air and even though we make the progress they still raise more taxes and create more agencies. McDONALD: Mr. Mayor. I call for the question.. IMPERIAL: The question's been called for. Do you want to speak? CLARK: I would like to say something. First of all, I don't like the way the State legislature passes bills and then says okay you can't have the money unless you approve of what we're doing and I have to agree with the gentleman that spoke on that. However, I don't like being called a co-conspirator because I have spent a lot of time in the past year lobbying from my home and in Sacramento, time away from my family fighting this type of thing and I think Juan is aware.of that and what I think we need to focus our attention on are some of the bills that are in the hopper right now. Some of the intention of the legislature is to make us...we were up there in January and one of the legislators stood up and said we have not paid what we were supposed to under Prop 98, the education funding, 40% was supposed to go to education and the State did not give it to them. They took it away from education and they said okay we're going to make it easier for you the cities to tax your people and they're going to try and make it so that there doesn't have to be anything but a majority vote for it and they think we're just waiting to tax our people and I protest that. I stood up and made some enemies up there because I don't like it. But this is where the fight has to be. The Metropolitan Water District wants a 40% increase on your water bill.. There's assessment districts, benefit districts, enterprise zones, all kinds of these things that they're going to tax you under a different name than taxes and this is where I think our job should be is fighting this. I think in a sense this bill that we're talking about is already in place. You're paying your $2. And I don't want that $2 that you're paying Mr. Delia to go to tree planting in San Marino. I want it to go for the signal on Rosemead and Marshall. There's not even a left turn signal there and there needs to be. That kind of thing that can help to move traffic and in that sense clean the air. So, that's why I plan to vote in favor of this. I don't like the way they did it, however, I think there's a whole lot more things that we need to channel the energies and I disagree with the fact that it's all on our shoulders. We can't do it all. It has to be a taxpayer revolt out there, from people and the legislators need to know that there's people out there that are going to vote them out of office if they keep doing this but I don't think this is the way to do it because they're just going to say oh well Rosemead isn't going to take the money, all the more money for some other city. And so my feeling is you're beating a dead horse when you should be fighting a live monster and the monster is these taxes that are coming down all the time. So, that's why I plan to vote yes. BRUESCH: Call for the question. IMPERIAL: Would you vote. Vote taken from voting slip: CC 2-25-92 Page #6 Yes: Bruesch, Clark, McDonald] No: Taylor, Imperial Absent: None Abstain: None IMPERIAL: I'd like my comments verbatim. BRUESCH: Mr. Mayor. I'd like all the comments in the Minutes verbatim. END VERBATIM DIALOGUE IV. CONSENT CALENDAR (CC-B REMOVED FOR DISCUSSION) CC-A RECEIVE BIDS AND AWARD CONTRACT FOR THE ROSEMEAD RESID: REHABILITATION PROGRAM'S 42nd HANDYMAN BID PACKAGE FOR $15,600 TO LaVERNE CONSTRUCTION CC-C APPROVAL OF CONCESSION STAND LICENSE AGREEMENT WITH ROSEMEAD AMERICAN LITTLE LEAGUE CC-D APPROVAL OF CONCESSION STAND LICENSE AGREEMENT WITH ROSEMEAD LITTLE MISS SOFTBALL ORGANIZATION CC-E APPROVAL OF 1992-93 BUDGET CALENDAR CC-F AUTHORIZATION TO ATTEND CALIFORNIA DOWNTOWN ASSOCIATION 1992 SPRING CONFERENCE, MARCH 18-21, 1992, IN SANTA BARBARA CC-G AUTHORIZATIOR TO PURCHASE TRAFFIC EQUIPMENT FOR ADDITIONAL SHERIFF'S RADAR TRAFFIC UNIT CC-H REQUEST FOR ANNUAL CPI RATE ADJUSTMENT FROM CALIFORNIA STREET MAINTENANCE MOTION BY COUNCILMAN McDONALD, SECOND BY COUNCILMAN TAYLOR that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch; Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-B RECEIVE BIDS AND AWARD CONTRACT FOR THE ROSEMEAD RESIDENTIAL REHABILITATION PROGRAM DEFERRED IRAN AT 3310 WALNUT GROVE AVENUE FOR $16,648.50 TO SUPERIOR CONSTRUCTION Councilman Taylor stated he intended to vote no on this particular item. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN McDONALD that the Council receive and file all bids by the City Clerk; accept and award to Superior Construction, low bidder, for a contract amount of $16,648.50; authorize staff to enter into contract with the owners and contractor; and reject all other bids. Vote resulted: Yes: Bruesch, Imperial, Clark, McDonald No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his no vote was not against the applicant but was against the method of funding that puts the City into the home loan program. CC 2-25-92 Page #7 Juan Nunez, 2702 Del Mar, was concerned with the City's liability regarding item CC-G and asked about the contractor being granted a rate adjustment on CC-H. V. MATTERS FOR DISCUSSION & ACTION A. MEMORANDUM OF UNDERSTANDING WITH THE WEST SAN GABRIEL VALLEY CONSORTIUM REGARDING AIR QUALITY ELEMENT MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN McDONALD that the Council execute the Memorandum of Understanding and the naming of a Council representative to the Steering Committee. Vote resulted: Yes: Bruesch, Imperial, McDonald . No: Taylor, Clark Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his no vote is a statement regarding all the governmental agencies in place today still cannot do the job so another governmental agency is created that will spend more tax dollars. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMAN BRUESCH 1. Noted that Holly Knapp had received the Honorary Service Award from the Garvey Council PTA. There being no further action to be taken at this time, the meeting was adjourned at 8:55 p.m. The next regular meeting is scheduled for March 10, 1992, at 8:00 p.m. Respectfully submitted: APPROVED: GQ GUQ~,u.~/ y Clerk CC 2-25-92 Page #8