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CC - 11-13-90APPROVED CITY OF ROSEMEAD _ MINUTES OF THE REGULAR MEETING DATE L 2-91 ROSEMEAD CITY COUNCIL BY_ aQlL NOVEMBER 13, 1990 The Regular Meeting of the Rosemead City Council was called to order by Mayor McDonald at 8:06 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Bruesch. The Invocation was delivered by Pastor Tony Rodriguez of the Rosemead Presbyterian Church. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Taylor, Mayor Pro Tem Imperial, and Mayor McDonald Absent: None APPROVAL OF MINUTES: OCTOBER 9, 1990 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Minutes of the Regular Meeting of October 9, 1990, be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor McDonald noted the passing of Councilman Robert DeCocker and expressed gratitude for his contributions to the City of Rosemead. Resolutions were presented by the City Council to Cynthia and Phil Clark for their alert behavior and quick action in saving a drowning child. A Proclamation was presented by the City Council to students of Temple Intermediate School honoring their "OPERATION TEDDY" program. I. ORAL COMMUNICATIONS FROM THE AUDIENCE - None II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. The City Clerk then administered the oath to all those persons wishing to address the Council on any public hearing item. A. A PUBLIC HEARING TO CONSIDER A REQUEST FROM THE WILLIAM F. BANNER TRUST TO CHANGE THE ZONING DESIGNATION FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO_.R-2 (LIGHT MULTIPLE RESIDENTIAL) FOR PROPERTY LOCATED AT 2031-32 DENTON AVENUE, ROSEMEAD - CONTINUED FROM 10-09-90 This item was removed from consideration pending information from the City of San Gabriel regarding detachment from the City of Rosemead. B. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MODERN SERVICE CONTRACT REGARDING AN INCREASE OF $1.00 PER MONTH PER RESIDENTIAL UNIT . The Mayor opened the public hearing. Juan Nunez, 2702 Del Mar Avenue, was concerned with a possible increase in his refuse bill. CC 11-13-90 Page #1 There being no one else wishing to speak, the public hearing was closed. MOTION BY COUNCILMAN BRUESCH,.SECOND BY COUNCILMAN TAYLOR that the Council approve the amendment to the agreement and direct staff to work with Modern Service to inform the residents of the increase. Vote resulted: Yes: Taylor, McDonald, Bruesch,_Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A CONDITIONAL USE PERMIT FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES AT THE DIAMOND RESTAURANT, 9016 MISSION DRIVE, ROSEMEAD The Mayor opened the public hearing. Rod Archer, from CLR Inc. and representing the applicant, summarized the operation of the restaurant and its use by adults. Mr. Archer noted that it had no bar, no cocktail lounge, no dance floor, no video games, nothing that would attract teenagers to this location, that it was located in a low-crime area, and that no other facilities serving alcoholic beverages was in the area. Mr. Todd listed numerous conditions that his client would adhere to and asked the Council to approve the CUP. Denton Todd, Principal of Rosemead High School, was opposed to this request because of the proximity of the high school and its potential use by the students. Mr. Archer rebutted that no students have been frequenting the restaurant up to this time; that the emphasis is on food service with no bar or advertising proposed that would indicate that beer and wine would be sold with meals. There being no one else wishing to speak, the public hearing was closed. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council uphold the decision of the Planning Commission and deny Conditional Use Permit Case No. 90-500. Vote resulted: Yes: Taylor, Bruesch, Imperial No: None Absent: None Abstain: McDonald The Mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 90-65 - CIJUMS 6 DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $662,888.24 NUMBERED 32040-32076 AND 31216 THROUGH 31354 MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that Resolution No. 90-65 be adopted. Vote resulted: CC 11-13-90 Page #2 Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 90-61 - ALLOWING REDEVELOPMENT AGENCY PAYMENT FOR STORM DRAIN IMPROVEMENTS IN ROSEMEAD PLACE (GARVEY/400' NORTH OF HERSHEY) The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS IN ROSEMEAD PLACE FROM GARVEY AVENUE TO 400 FEET NORTH OF HERSHEY STREET MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 90-61 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered, C. RESOLUTION NO. 90-62 - ALLOWING REDEVELOPMENT AGENCY PAYMENT FOR STORM DRAIN IMPROVEMENTS IN SAN GABRIEL BOULEVARD (EMERSON/ALHAMBRA WASH), BARTLETT AVENUE AND MUSCATEL AVENUE The following resolution was presented to the Council for adoption: RESOLUTION NO 90-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS IN SAN GABRIEL BOULEVARD (EMERSON/ALHAMBRA WASH), BARTLETT AND MUSCATEL AVENUES FROM THE EXISTING STORM DRAIN IN GARVEY AVENUE TO APPROXIMATELY 1200 FEET NORTH MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 90-62 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 90-63 - ALLOWING REDEVELOPMENT AGENCY PAYMENT FOR CONSTRUCTION OF VISUAL AND TRAFFIC FLOW IMPROVEMENTS IN VALLEY BOULEVARD BETWEEN CHARLOTTE AVENUE AND THE EASTERLY CITY LIMIT This item was deferred pending information. E. RESOLUTION NO. 90-64 - ACKNOWLEDGING THE DESIGNATION OF THE LACTC AND THE INVOLVEMENT OF THE SGVAC IN THE DEVELOPMENT OF THE CONGESTION MANAGEMENT PLAN FOR THE SAN GABRIEL VALLEY The following resolution was presented to the Council for adoption: CC 11-13-90 Page #3 • • RESOLUTION NO. 90-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AND THE INVOLVEMENT OF THE SAN GABRIEL VALLEY ASSOCIATION OF CITIES IN THE DEVELOPMENT OF THE CONGESTION MANAGEMENT PLAN (CMP) FOR THE SAN GABRIEL VALLEY MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 90-64 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. F. RESOLUTION NO. 90-66 - WILMAR STORM DRAIN, MISCELLANEOUS TRANSFER DRAIN NO. 1276, STORM DRAIN TRANSFER TO LOS ANGELES COUNTY FOR MAINTENANCE The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1276 IN THE CITY OF ROSEMEAD FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that Resolution No. 90-66 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-C AND CC-H REMOVED FOR DISCUSSION) CC-A AUTHORIZATION TO ATTEND ENVIRONMENTAL PROTECTION AGENCY CONFERENCE ON HOUSEHOLD HAZARDOUS WASTE MANAGEMENT IN SAN FRANCISCO, NOVEMBER 5-7, 1990 CC-B APPROVAL OF PARCEL MAP 19536 - 2466-2472 NEW AVENUE CC-D APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR CITY HALL CARPETING CC-E AUTHORIZATION FOR CITY CLERK TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY CLERKS NEW LAW AND ELECTION SEMINAR IN COSTA MESA, DECEMBER 5-7, 1990 CC-F RELEASE OF BONDS FOR TRACT MAP NO. 45785, 7507-7533 MELROSE AVENUE AND 2461 JACKSON AVENUE CC-G ACCEPT BIDS AND AWARD CONTRACT FOR 1989-90 RESURFACING PROJECT ON VARIOUS STREETS TO SULLY-MILLER, $752,041.20 CC-I AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES LEGISLATIVE ORIENTATION TOUR IN SACRAMENTO, JANUARY 22-24, 1991 CC 11-13-90 Page #4 MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C THREE-WAY STOP CONTROL AT WHITMORE STREET AND PROSPECT AVENUE Councilman Bruesch asked that this item be deferred to the next regular meeting and asked for information regarding penalties to cities that install stop signs when the traffic warrants do not indicate that such are necessary. CC-H REQUEST FROM GARVEY AND ROSEMEAD SCHOOL DISTRICTS FOR ADDITIONAL FUNDING FOR THE EXPANSION OF THE SANE PROGRAM Councilman Taylor requested clarification of the total amount of money that would be contributed by the City to the Substance Abuse and Narcotics Education (SANE) program for the year. - MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Council approve the school districts' requests for the City's participation in the expansion of the SANE program into the fourth grade with Rosemead and Garvey School Districts both contributing $5,000. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. SCHEDULING OF SPECIAL ELECTION IN LIEU OF APPOINTMENT TO FILL VACANCY ON CITY COUNCIL AND CONSIDERATION OF BALLOT MEASURES REGARDING SENIOR CITIZEN/LOW INCOME HOUSING AND THE CONTINUED SALE OF FIREWORKS IN THE CITY OF ROSEMEAD MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that a special municipal election be scheduled for March 5, 1991, to fill the vacancy. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VERBATIM DIALOGUE FOLLOWS REGARDING THE SENIOR CITIZEN/LOW INCOME HOUSING BALLOT MEASURE: TAYLOR: Mr. Mayor. I do have a reservation on this particular one only because of the wording. How is it going to be designated and how broad, how specific? McDONALD: At this time does staff we're not designating that right then by saying this, are we? ROBERT KRESS, CITY ATTORNEY: No. It's going to come to you.... the whole election package will be on the next agenda and there'll be an opportunity for you to approve or change the wording. We have CC 11-13-90 Page #5 • KRESS CONTINUES: consulted with legal counsel who has been advising City and Agency on this matter and they've provided a draft that we're looking at and if you so direct that will come back to you for your ratification at the next meeting. BRUESCH: Mr. Mayor. As I remember in our discussions, we were talking about the fact that could we write into it that priority would be given to Rosemead residents and low income/handicapped type of thing. I think the staff has got the direction from that discussion we had that we want it as specific as possible. McDONALD: Well, I think that we'll get into that. I think right at this point do we want it to go on the ballot or not? BRUESCH: I would move the approval of putting it on the ballot. IMPERIAL: Second. McDONALD: Mr. Taylor. You were going to utter something else? TAYLOR: I'm just questioning now what time frame do we have writing the arguments for and against it? MCDONALD: City Clerk. Do you have any idea how long we have once we make that? JANICE WARNER, CITY CLERK: Approximately until the third week of December. TAYLOR: They have to be on our next meeting, then. McDONALD: We have a month to prepare then, approximately. KRESS: The resolution that determines who's going to write the arguments, that would go on the next agenda. But the arguments themselves.... McDONALD: We have a month, approximately. TAYLOR: Staff is going to have in this proposal, a total package as far as in our discussion we were asking the question of liability for the City, long-term health care, permanent residency, how the selection is going to be made, that will be at our next meeting? McDONALD: Staff. Respond. FRANK G. TRIPEPI, CITY MANAGER: What we're having on the next agenda is a resolution that calls for this particular item to be on the ballot... should the City participate or develop.... authorized to develop a senior housing project. Then we have until the end of December to provide the arguments for, against and develop all of those, I think strategies and or programs that the Council and the Agency has determined that they want in this particular program. And those were made in conjunction with the consultant, Mr. Kroot and he is the one who is working on this with us as to how it will be developed. BRUESCH: Mr. Mayor. As I recall, again to enlighten the audience, we could have gone into a very general senior housing program without many restrictions at all, without going to a vote but at least it was a consensus of the Council that we would want to have some restrictions in that we wanted to be sure that priority would be given to those residents of our City which are most in need. And that is why we have to go to an election is because we have that specificity within our requirements for the senior housing. McDONALD: Let's quickly look at the calendar for December. It looks like the fourth Tuesday of December is Christmas Day. What kind of bind does that put us in? TAYLOR: I'm not going to be here. CC 11-13-90 Page #6 • • McDONALD: Does that throw us off on the timeframes as far as anything is concerned or having to be approved by the end of December? KRESS: For an item like that, the argument will not be that long and I'm sure that we can schedule a special meeting to approve that and get it on its way. MCDONALD: Just as long as it's not on the 25th, right? KRESS: Right. TAYLOR: Mr. Mayor. In our next packet I would like the verbatim minutes that we had on the discussion on this item, the past couple of meetings and I can't give you the dates. BRUESCH: The (June 25th) study session. TAYLOR: But as you know, there was quite a bit of discussion, the long-term responsibility of the City once we build that project and the limited access that it will have, we will be accepting the liability in the sense that we can try to skirt it around and have outside insurance agencies do it but we will have a long-term residential facility and that's never been answered to my knowledge back to the Council. TRIPEPI: Mr. Taylor. If I might, just in response. I think what we've done is we've tried to and I think rightfully so, the Council has asked for the greatest control in this particular, in a matter such as this, and in order to do that, as Mr. Bruesch stated, I think everyone has heard the same thing and there's a general consensus, that having it approved as a ballot measure would give the greatest flexibility to the City and the greatest control. If the item is approved, the details as to constructing the project and how it shall be constructed is something that has to be worked out. Approval of the ballot measure..... TAYLOR: Mr. Tripepi, pardon me but I think that's the fallacy of it. Everybody opens the doors and goes out and uses their charge cards and runs up a debt and finds out, wait a minute, we didn't think this thing through. TRIPEPI: Mr. Taylor. I think what you're asking the public in Rosemead is would they support or do they want a senior housing project constructed in their community, that's the basic of the question. TAYLOR: That's not true in one sense. Everybody wants enough compassion. We're going to help the homeless. We're going to help the senior citizen. We all want to do that. There's absolutely nothing wrong with that. That's great. But it's going to be so extremely limited that it's almost a deception on a lot of the elderly people and what's brought this about was the mobilehome relocations and such and it was a question if we were going to build forty units if twenty of those had to be low-income or twenty of them had to be moderate then there's a lot of people who think we're going to be helping them and all of a sudden we say well we're going to spend the taxpayer's money, go into the public or senior housing or whatever for infinity, almost. McDONALD: By going to the public it provides us the greatest flexibility in providing that. So, we're not going to be tied down to a narrow walk the wire type of thing restrictions that's if we did it individually by the Council. We're still going to have to work out all those details once they even pass it. TRIPEPI: Mr. Taylor. If I might and perhaps it won't help but the summary of all this is that an approval at the ballot box to construct senior housing is not an obligation on the Council or Agency's part to construct such a project. CC 11-13-90 Page #7 • • McDONALD: It just gives us the maximum flexibility to provide that housing if we so choose to do it. BRUESCH: Mr. Mayor. Again, as my memory recalls, we would not have to go a vote if we only had 49% of the units for low-income and the rest could be market value. And it was, again, the consensus of the meeting there that we wanted more than 49% or less than half of those units available for the low-income senior so, therefore, this is why we're going to the vote so that we have that flexibility. Again, the specific way we build it and who is going in there hasn't been decided, yet. But the vote by the public saying yes you can have a public housing gives us more leeway into determining those people who can avail themselves of that senior housing. McDONALD: Gary's got a good point in the respect that you don't want to create something faster than you have the facts to do it. Secondly, you don't want to create an excitable electorate out there that we're going to have a lot of units available for us to just move right into so we and we don't want to create something that's long term liability to the City that's going to cost the taxpayers a lot of money. Those are all the things that have to be though through. TAYLOR: Mr. Mayor. Questio answer yet that this will be BRUESCH: No. That's one of the program is developed. TAYLOR: How are we going to Kress has to answer it. Can Rosemead residents, only? IMPERIAL: If we fund it. i to Mr. Bruesch. Have you received your for Rosemead residents? the things that has to be determined as determine this? A question, I guess Mr. we legally say that this will be for KRESS: It's my understanding based on conversations with legal counsel who has expertise in this area, that if we put it on the ballot and if we take appropriate steps in setting up the program, we're talking about possibly a number of different programs or construction projects but one in particular to set out with, that it could have a preference for Rosemead residents. Then you get into lots of detailed questions, how long residency, the whole germ of the idea for this project was in response to the mobile home park residents who were being squeezed out of their residences. And that was the very clear idea and direction was to establish a priority for those persons who would not otherwise be able to continue to live in the community. That's been the clear direction. I understand that and I know that Mr. Kroot does as well. IMPERIAL: I don't think that's all, Mr. Mayor. I think it was established that this would help those people that live in the trailer parks that could no longer remain residents of this community but it was also provided in that conversation that we were dealing with senior citizens and handicapped and not all the people that lived in the trailer parks. Not John Jones, 46 years old, who has fourteen children. He needs to go to another agency. We're talking and we specifically talked about senior citizens and handicapped which doesn't take all the people in the trailer parks into consideration; just a few. TAYLOR: Mr. Mayor. This was our discussion with Mr. Kroot, was that the gentleman? Did we not ask him at that time if there was another city that he was aware of that had this type of a program that Rosemead was trying to be innovative on and correct me if I'm wrong, did he not say that there was not one that he was aware of? McDONALD: That's correct but what they'didn't have that no other City has is this creative financial mechanism that we're trying to utilize in putting this all together. There's hardly any other communities that don't have some sort of senior housing. It was my point that I think I brought to staff when the law was passed that if you didn't CC 11-13-90 Page #8 • • McDONALD CONTINUES: use the redevelopment 20% set aside that we were going to lose that. And granted we could use that in a number of different ways by rehabbing houses and so forth but even on the I think the housing element in the city we are sitting right on the edge of having problems because we haven't there aren't sufficient units for low, moderate income or senior housing or handicapped housing however you want to speak about that. I think the point is gentlemen what we're deciding here tonight is do we want to go to an election to give the broadest flexibility if we can come up with a feasible concrete concept and put this together. And the answer isn't that we're going to house all these trailer people because we're not going to be able to do that so I don't think that we ought to put that word out in respect that that's going to be the solution or the solving of the problem. KRESS: Mr. Mayor. The Council at the conclusion of the last study session made the determination that you wanted to go to an election. The reason that this item is on this agenda is due to the untimely death of Councilman DeCocker and the fact that you have a special municipal election now scheduled in March this whole matter was essentially placed on hold due to the fact that the next available general election was in 1992. You now have an opportunity...I must say it's an impossible task and one that cannot realistically be expected to have every detail of this project back to the Council in two weeks. TAYLOR: This is the point that I've been trying to make all along. We've been discussing it for a couple of years now and even tonight we do not have the answers to our basic questions that we've talking about so what we're going to do and pardon my reference here but it's like the good old California legislature since we don't have the information we're going to dump it back on the voters, get them to vote for it and then they can pay for it. I agree we did say let's put it on the ballot but we still haven't got our answers. McDONALD: Mr. Taylor. You're throwing it all out of perspective. You're throwing it in the same category as you do a number of things but I think we've discussed this thoroughly. We don't have the established mechanism or criteria to put a certain person in there and that's what we have to work out but we are certainly and I we put the consensus together last time that we said we would go to a special election to give us the broadest flexibility. As the City Manager pointed out we are not obligated but I think we have to move as quickly as we can because we are mandated to use those monies. This was the concept we had. We have a vehicle of an election coming up here and we have plenty of time. TAYLOR: That's true. We are mandated to spend those funds but did I not also there is an alternate method which I have favored but that's my preference as far as spending the money for existing residences, helping the existing senior citizen, the handicapped and such. Well, I want it clear that we do have that alternative. We don't have to spend this money on permanent fixed housing for again and we said it a couple of times tonight, what started out and will be part of this, relocation of mobile park property. There's 350 or 370 tenants in the mobile parks, approximately. We're going to be I don't know how we're going to get percentages. If we're going to allow 20 of them or 40 of them..... McDONALD: Regardless of the criteria I think we have to move the senior housing and I call for the point of order and I think it ought to be on this election. IMPERIAL: Mr. Mayor. Am I to assume that this is an advisory vote we're asking for from the citizens and not an obligation? McDONALD: Right. That's what is was.... BRUESCH: Will you allow us if we so choose. CC 11-13-90 Page #9 El McDONALD: We're not obligated. • IMPERIAL: This will give us an opinion from the people in the City of Rosemead, the ones we represent, the majority will tell us what they want? KRESS: It will authorize the Council to implement the program. IMPERIAL: By a majority consensus of what they want whether they want this program or not. It's an advisory vote, am I correct? KRESS: Well, it's not an advisory vote in the legal sense of advisory. Again, it will authorize the Council to take action. BRUESCH: If we so choose. KRESS: If you so choose. Per your terms. TAYLOR: Mr. Mayor. With all the discussions this in the minutes verbatim as a continuity in the past. I'll call for the question. that we have I'd like of what we've discussed JUAN NUNEZ, 2702 DEL MAR AVENUE: Mr. Mayor. McDONALD: Juan. The question's been let you speak. NUNEZ: I was thinking about the same believe that I don't think nobody wou per se. The thing is as I understand provide. called for but I'll go ahead and way as Gary was thinking. I Ld vote against senior housing it you're under no obligation to McDONALD: Right. So, the vote's eventually going to come back to this body again and this body's going to decide if it wants to provide that senior housing. And at that time you'll have all the time in the world to put input in because we will probably go to a public hearing of some sort maybe okay to get as much public input as we can. NUNEZ: It's true. But as I say nobody's going to really vote against public housing and if that's going to be the issue as I say nobody you're going to get a yes vote. The thing is that you're going to continue with this public housing once you have it you're going to need funds to run that public housing, you know. And as Gary's saying if I understand him correct repair the housing that's available instead of going is that what you were saying Gary? TAYLOR: Yes. NUNEZ: The housing that is available instead of going and do something else that you will have to eventually maintain for x number of years, ten, twenty, thirty years. McDONALD: What if we just lease the property? NUNEZ: Well, you mentioned creative financing. You know creative financing is all right whenever you have those funds. McDONALD: Let's not argue the point of creative financing. It's something new and it's something that we're going to try. TAYLOR: Mr. Mayor. In fairness to what Mr. Nunez was saying part of the disagreement among the Council was who was going to be the tenants of the building. In other words the realistic figure of a rent would be anywhere from $500 to even a $1000 a month depending on the units and the service that's provided. We had different consensus of what it would be and Mr. Bruesch at that time one of his goals is low-income cost and such around an average of $130 a month. Now, once we build those units and we say that this will be low-income housing that possibly could be the fee, one third of their social security check, they would get those units for $130 a month. The City would have to pick up all the rest of the subsidized costs. So, a lot of this is in the discussion and such. CC 11-13-90 Page #10 • . 0 BRUESCH: Mr. Mayor. One of the things we keep on forgetting is to go back to the Redevelopment law and it's in the library over there and you can read it like I did and one of the things that this 20% set aside and how the City's been getting around it the reason why they have that there is because the law specifically states that if you're going to set aside large blocks of land for development of businesses then you darn well better increase your stock of housing affordable to the people within your community. That means low cost housing. TAYLOR: Mr. Bruesch, where has this City set aside large blocks of development for business? We are 98% developed out already existing. BRUESCH: What I'm saying is one of the aspects of Redevelopment law and setting up a Redevelopment Agency is that it says to increase the stock of low income housing not to improve the stock but to increase. TAYLOR: Hey, wait a minute. Mr. Kress, can it be either way? You saying we cannot improve our low income housing. BRUESCH: No, I'm not saying that at all, Gary. I didn't say that. The law states that one of the aspects of redevelopment is that you increase the stock of low-income housing. It says it right in the law. TAYLOR: You have alternatives. KRESS: Yes, you do have alternatives that I sent twice. McDONALD: I call for the question. END VERBATIM DIALOGUE Vote resulted: Yes: McDonald, No: Taylor Absent: None Abstain: None That's the fifteen page memo Bruesch, Imperial The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his no vote was that over the period of the past couple of years the Council had not received a clear package of what exactly would be voted on as far as putting this on the ballot. The next item was the question of placing the sale of fireworks on the ballot and Mayor McDonald stated that the California Fire Chief's Association had requested that this item be considered as a ballot measure. Councilman Bruesch stated that the voters should have an opportunity to decide this question. Mayor Pro Tem Imperial stated that any problem is with illegal fireworks and not the safe and sane ones. Mr. Imperial added that many service organizations earn their funds from the sale of these fireworks. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the City continue the sale of safe and sane fireworks. Vote resulted: Yes: Taylor, Imperial No: McDonald Absent: None Abstain: Bruesch The Mayor declared said motion duly carried and so ordered. CC 11-13-90 Page #11 v Mayor McDonald stated the opinion that any benefit from the sale of fireworks is not justified with the potential damages that can . occur. Councilman Bruesch stated that he felt the voters should be allowed a voice in this decision. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the continued sale of safe and sane fireworks be placed on the ballot for an advisory vote of the people. Before vote could result Dennis Revell, representing Freedom Fireworks, presented information that Rosemead has no history of fireworks fires and that the problem exists with the illegal fireworks not the legal ones. There being no further discussion vote resulted: Yes: Taylor, McDonald, Bruesch No: Imperial Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. . Councilman Imperial stated that he did not believe that this was an issue that needed to be placed on the ballot. VI. STATUS REPORTS - None VII.MATTERS FROM OFFICIALS A. REQUEST FROM MARGARET CLARK FOR PLANNING COMMISSION TO THE ROSEMEAD MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that this request be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B, REQUEST FROM MARVIN LOWREY FOR REAPPOINTMENT TO THE ROSEMEAD PLANNING COMMISSION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that this request be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VIII.ORAL COMMUNICATIONS - None There being no'further action to be taken at this time, the meeting was adjourned at 10:10 p.m. in the memory of Councilman Robert DeCocker. The next regular meeting is scheduled for November 27, 1990. Respectfully submitted: APPROVED: 'ty Clerk MAYOR CC 11-13-90 Page #12