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APPROVED
CITY OF OSEMEAD
MINUTES OF THE REGULAR MEETING DATE
ROSEMEAD CITY COUNCIL
FEBRUARY 14, 1989 BY (iA / [~2!
The Regular Meeting of the Rosemead City Council was called to
order by Mayor Bruesch at 8:03 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 McDonald.
The Invocation was delivered by James Lizzaraga of the Olive
Branch Outreach.
ROLL CALL OF OFFICERS:
Present: Councilmen DeCocker, Imperial, Taylor, Mayor Pro Tem
McDonald, and Mayor Bruesch
Absent: None
APPROVAL OF MINUTES: JANUARY 10, 1989 - REGULAR MEETING
MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN DeCOCKER
that the minutes of the Regular Meeting of January 10, 1989, be
approved as submitted. Vote resulted:
Yes: DeCocker,
No: None
Absent: None
Abstain: Bruesch,
Taylor, McDonald
Imperial
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch and Councilman Imperial noted the reason for their
abstention was their absence from the January 10, 1989 meeting.
APPROVAL OF MINUTES: JANUARY 24, 1989 - REGULAR MEETING
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN DeCOCKER that
the Minutes of the Regular Meeting of January 24, 1989, be approved
as submitted. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald
No: None
Absent: None
Abstain: Imperial
The mayor declared said motion duly carried and so ordered.
Councilman Imperial noted the reason for his abstention was his
absence from the January 24, 1989 meeting.
PRESENTATIONS:
A resolution was presented to Mr. Bud Newell of the Ingleside
hospital honoring and thanking him for the many contributions to the
community over the past 25 years.
A resolution was also presented to Mr. John Steelesmith, Area
Manager of Southern California Edison Company, honoring and thanking
him for his dedication to the city of Rosemead through his position
with the Edison Company.
I. ORAL COMMUNICATIONS
A. Helen Guarno, 7433 E. Garvey Avenue Space #1B, representing
tenants of the Park Monterey Mobile Home Park, asked the Council to
adopt an ordinance similar to one just adopted in Monrovia that
provides for relocation assistance when a park changes ownership.
Ms. Guarno also presented copies of the new lease agreement being
distributed to the tenants by the new owner.
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B. Wing Lew, 7913 Whitmore Street, asked the status of the
Whitmore Alley project.
Staff was directed to place a status report on this project on
the next Redevelopment Agency agenda.
C. Margaret Glancy, 8111 E. Garvey Avenue, asked for relief from
rent increases and subsidized housing.
D. Tony Navarro, 8111 E. Garvey Avenue space #9, asked for rent
relief for senior citizens and requested a public hearing be held on
the subject of rent control and mobile home park closures.
Mayor Bruesch reiterated the council's intention of having a
study session scheduled for such a discussion.
Councilman Imperial requested that any study session on rent
control for mobile home owners would be expanded to include rent
relief and/or subsidies for all citizens of Rosemead.
After some discussion, a study session was scheduled for April 4,
1989, at 7:00 p.m. to discuss housing assistance.
Notice of this study session will be included in the next City
newsletter.
In order to accommodate the number of people in the audience
concerned with meter relocations by the Southern California Gas
Company, Item V-A was taken out of order.
V. MATTERS FOR DISCUSSION AND ACTION
A. RELOCATION OF GAS METERS ON LA PRESA AVENUE
1. Aide Landeros, 2607 N. L,
parents and Estella Ortiz, 2657 N. La
English, reported on the options that
Company. Ms. Landeros stated the Gas
meters back to the curbside and would
of the house except at the expense of
3 Presa Avenue, representing her
Presa Avenue who did not speak
had been offered by the Gas
Company would not relocate the
not move the meter to the side
the homeowner.
2. Morro Provencio, 2719 La Presa Avenue, stated the Gas
Company told him that his meter could not be moved back to the curb.
His meter has been moved to the front of his house without his
permission and is unsightly. Mr. Provencio noted that he had had
trouble trying to contact representatives of the_Gas Company.
3. Jose Felix, 2713 La Presa Avenue, stated that the cement
in front of his house had been cracked and the water line broken by
the Gas Company when they moved his meter without his permission;
that it had taken three days to repair it; and that he had not been
contacted prior to the moving of the meter. Mr. Felix added that the
meter in front of the house is ugly and that since the Gas Company
made the mistake, the meter should be replaced at the curb or put
where the homeowner wants it at Gas Company expense.
The residents felt that the Gas Company had made a mistake and
that the meters should be placed on the side of their house at the
Gas Company's expense since it was their error.
Mayor Bruesch expressed disappointment in the apparent lack of
communication between the Gas Company and the residents over this
particular project. Mr. Bruesch requested verification that the City
had not told the Gas Company to move these meters.
Alfonso Rodriguez, Deputy City Engineer, stated that the City
notifies all utilities when street projects are contemplated so that
any modifications needed to be done by said utilities could be done
at the same time the street project is done. The meters were moved
as part of the Gas Company's ongoing program and did not have to be
moved as part of the street project.
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Mayor Bruesch referred to a newspaper article alluding to the Gas
company having worked closely with the City engineering department in
regard to these meter relocations.
Mr. Rodriguez reiterated that the city had only notified all
utilities of an impending project and did not suggest or recommend
that the meters should be relocated nor did the plans indicate that
such would be necessary.
Mayor Bruesch expressed his disapproval of the Gas Company's
implied attempt to place shared responsibility on the City based on
letters sent to the residents and the newspaper article.
Councilman Imperial expressed the opinion that the Gas Co. had
abused these residents and that an ordinance should be prepared
requiring the location of gas meters to be on the side of the house.
opposite the driveway side for all new construction projects.
Mayor Pro Tem McDonald noted the past reputation and record of
the Gas Co. and asked the City Attorney to explain the legalities of
this situation.
Robert Kress, City Attorney, stated that the City does not any
jurisdiction over the Gas Co. Mr. Kress referred to the conversation
he had had with the attorney for the Gas Company regarding meter
locations. Mr. Kress stated he had been told that in order to be a
customer of the Gas Company you have to have a meter. That meter
must meet Gas Co. specifications. Mr. Kress was informed that
underground meters are no longer available and will all be replaced
with above ground meters. The policy is to place that meter at the
point the gas line exits the house; that above ground curbside meters
would be unsafe. If the owner has a plumber move the gas line to
exit at the side of the house-, then.the Gas Company would locate the
meter at that point.
Mayor Pro Tem McDonald asked that the Gas Company representative
be given a chance to answer these complaints.
Helen Romero Shaw, District Manager for the Southern California
Gas Company, stated that the meters may not be moved back to the
curbs because the supplier no longer makes this meter; that this
relocation is part of an on-going program of the Gas Company because
of the inability to obtain underground meters and parts; that the
City had not told the Gas Company to move the meters but that a
misunderstanding of the scope of the reconstruction project had
occurred and the meters need not have been moved at this particular
time but would have had to be moved eventually;, that the Gas Company
policy is to place the meter at the point the gas line exits the
house, either at the front or the side; and that the Gas Company is
trying to work with the owners who are unhappy with the site of their
meters. Ms. Shaw admitted that the Gas Co. had done a poor job in
communicating with these residents about its meter relocation
program.
Mayor Bruesch asked if the Gas Co. would be willing to share the
cost of relocating the meters to a site that would be agreeable to
the homeowners.
Ms. Shaw stated that she did not have the authority to commit the
Gas Co. to such a plan but would consult her superiors and report
back to the Council with the results.
Mayor Bruesch asked these residents to meet with the Gas Co. to
try and work out a suitable solution.
Councilman Imperial suggested that any additional fees could be
pro-rated over an unspecified amount of time on the customer's bill.
Councilman DeCocker suggested the Gas Co. adopt a better line of
communication for the next phase of meter relocations.
A five-minute recess was called and the meeting was reconvened
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III.LEGISLATIVE
A. RESOLUTION NO. 89-8 - CLAIMS & DEMANDS
The following resolution was presented to the council for
adoption:
RESOLUTION NO. 89-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$552,528.56 NUMBERED 24592-24630 AND 23590 THROUGH 23700
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM McDONALD
that Resolution No. 89-8 be adopted. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The mayor declared said motion duly carried and so ordered.
Mayor Bruesch asked for a memo listing the number of plaques for
Warrant No. 23690 on Page #18 in the amount of $1256.01.
B. RESOLUTION NO. 89-9 - SUPPORTING STATEWIDE LEGISLATION TO
PROHIBIT THE SALE OF ASSAULT WEAPONS
The following resolution was presented to the council for
adoption:
RESOLUTION NO. 89-9
A RESOLUTION OF THE CITY COUNCIL SUPPORTING SB 292 (Roberti)
MOTION BY MAYOR PRO TEM MCDONALD, SECONDED BY COUNCILMAN IMPERIAL
that Resolution No. 89-9 be adopted. Before vote could result
Councilman Taylor stated his opposition to this resolution and his
intention to vote "NO." Mr. Taylor supported the intent but was
primarily opposed to the formation of a commission to decide the
legal status of various weapons.
VERBATIM DIALOGUE FOLLOWS:
TAYLOR: I'd like my comments in the Minutes, verbatim, why I now
oppose it. Because we are not setting up a'fu13-time state
commission to regulate every gun. Now, go to page 9, the Assault
Weapons Commission. There is hereby created the Assault Weapons
Commission within the Department of Justice which shall consist of
nine members appointed as follows...." Skip that portion It
tells everybody who's appointed and such but then it gets down to
what they can do. Page 11, starting at line 16 "The commission shall
specifically consider the usefulness and actual use of the firearm
for hunting, target practice, or other sports or recreational
activities, as well as the firearm's history of and potential for use
in criminal activity." I'm not in favor of the Saturday night
specials, either. There's no need for them. But the clauses that
are put in here "the potential history" or "the use for criminal
activity" so I intend to vote "NO" on it with my comments verbatim.
I do support the regulation of the assault weapons. They are not a
sporting gun. They should not be sold to the public. But I will not
vote for this commission aspect of it. That's all I have.
IMPERIAL: I would like my comments verbatim, too. First of all, I
have always been a supporter of the National Rifle Association. _I
believe in our American right to bear arms, but I think we've gotten
to a point right now that we're in the same type situation that we
were in the Cold War. If we allow assault weapons out there, then
pretty soon the people are going to be more frightened and they're
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going to want 105 Howitzer field pieces out there to protect their
homes and they'll probable become available with some of the money
hungry people we've got in the system out there. I even had the
question bounced off me of "Why can't just the police have them?"
Any time they've got someone barricaded, one or two people in the
house, they've got four hundred police officers out there so they
don't need these things. They need to be taken off the market.
There is no rational reason why a hunter, a collector, should have
this kind of an individual weapon. They need to take them off the
market and then zero in on the people that have got them. It's as
simple as that. This is not the best piece of legislation that I've
ever seen. I have never been a fan of Mr. Roberti but it's all we've
got. Thank you.
END VERBATIM DIALOGUE
The original motion and second were withdrawn.
SUBSTITUTE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN
IMPERIAL that the Council adopt Resolution No. 89-9 with the addition
of WHEREAS, THIS COUNCIL AGREES WITH THE INTENT OF THE ROBERTI
RESOLUTION IN OUTLAWING ASSAULT WEAPONS, BUT WE DO NOT BELIEVE IT IS
NECESSARY TO ESTABLISH A FULL-TIME COMMISSION. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch asked the record to show that he supports
legislation controlling assault weapons, but feels that a some type
of body, not necessarily a commission, has to be established to
determine on an individual basis if certain sporting weapons are to
be considered assault weapons so that the courts don't become clogged
with these determinations.
C. RESOLUTION NO. 89-10 - OPPOSING CALIFORNIA-AMERICAN WATER
COMPANY'S REQUEST FOR A RATE INCREASE
The following resolution was presented to the council for
adoption:
RESOLUTION NO. 89-10
A RESOLUTION OF THE ROSEMEAD CITY COUNCIL"OPPOSING THE
INCREASE IN WATER RATES REQUESTED BY THE CALIFORNIA-AMERICAN
WATER COMPANY
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that
the Council adopt Resolution No. 89-10 be adopted. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
D. RESOLUTION NO. 89-11 - TO ALLOW REDEVELOPMENT AGENCY PAYMENT
FOR THE PROSPECT AVENUE (EMERSON/HELLMAN) RECONSTRUCTION
PROJECT
The following resolution was presented to the council for
adoption:
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RESOLUTION NO. 89-11
I1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO
REDEVELOPMENT AGENCY PAYMENT FOR THE PROSPECT AVENUE
(HELLMAN/EMERSON) RECONSTRUCTION PROJECT
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM McDONALD
that Resolution No. 89-11 be adopted. Vote resulted:
Yes: DeCocker, Bruesch, McDonald, Imperial
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
believed that City funds should be used.
E. ORDINANCE NO. 639 - AN URGENCY ORDINANCE AMENDING THE
ROSEMEAD MUNICIPAL CODE AS IT RELATES TO SKIN AND NAIL CARE
AND ACCUPRESSURE BUSINESSES - ADOPT
The following urgency ordinance was presented to the Council for
adoption:
ORDINANCE NO. 639
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ESTABLISHING DEVELOPMENT STANDARDS AND LICENSING
REQUIREMENTS FOR SKIN CARE, NAIL CARE, AND ACCUPRESSURE
ESTABLISHMENTS
MOTION BY MAYOR PRO TEM McDONALD, SECONDED BY COUNCILMAN TAYLOR
that Ordinance No. 639 be adopted. Before vote could result Mayor
Bruesch asked that Page #3, (6) be amended to add "...to be
maintained in a clean and sanitary manner and on Page #3, item (h)
the hours of operation be reduced from 1110:30 p.m." to 119:00 p.m."
There being no objection, these items were included. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried-and-so ordered.
Bonnie Culbertson, Chamber of Commerce, expressed concerns over
the $300 license fee and the effect it would have on a small
operator.
Staff was directed to research an adjustable scale for the
renewal of the license fees and to reduce the amount if justified by
an individual's record.
Robert Kress, City Attorney, noted that this item would be
returned at a future meeting for adoption as a regular ordinance with
clarification of these areas of concern.
IV. CONSENT CALENDAR (CC-B, CC-D, CC-H, CC-I, AND CC-L REMOVED FOR
DISCUSSION)
CC-A AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
EMPLOYEE RELATIONS INSTITUTE, FEBRUARY 22-23, 1989, SAN
JOSE
CC-C
REJECTION
OF
CLAIM -
FLORENTINO RODRUGIUEZ
CC-E
REJECTION
OF
CLAIM -
WHITTIER GREENS HOMEOWNERS ASSN.
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CC-F LANGUAGE REGARDING COVENANTS, CONDITIONS, AND RESTRICTIONS
ON PLANNED DEVELOPMENTS
CC-G REJECTION OF CLAIM - PHELPS DODGE
CC-J 1989-90 BUDGET CALENDAR
CC-K APPROVAL OF PROPOSED CDBG PROGRAM FOR FY 1989-90
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN DeCOCKER
that the foregoing items on the Consent Calendar be approved. Vote
resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor and Mayor Bruesch asked that full copies of the
claims for CC-E and CC-G be provided to the council.
Mayor Bruesch asked for an update on the income qualifications
for the CDBG programs.
CC-B RECEIPT AND AWARD OF BID - LOW INTEREST LOAN - CHO/4537
MEAD AVENUE
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM McDONALD
that the bids be received and filed by the City Clerk; that the
council accept the award to Paniagua Construction in the amount of
$19,800; authorize staff to enter into contract with the owner and
contractor; and reject all other bids. Vote resulted:
Yes: DeCocker, Bruesch, McDonald, Imperial
No: Taylor
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor stated he had no objection to the applicant but
that he is opposed to the method of funding.
CC-D AWARD OF BID - HIGH SPEED COPYING MACHINE
Bill Calles, 10034 Brockway Street, E1 Monte, representing Xerox
corporation, appeared to urge the Council not award the bid to Oce
Business Systems, and asked that a side by side demonstration be
conducted with his machine. Mr. Calles also stated that a technician
would have to be called to clear any paper jam.
After some discussion, it was MOVED BY MAYOR
SECONDED BY COUNCILMAN IMPERIAL that the Council
for the purchase of a Sharp SF-9750 submitted by
Company and accept the bid submitted by Oce Busi
purchase and maintenance of one Oce 1850 ADF/S40
purchase and maintenance cost over five years in
$50,128.00. Vote resulted:
PRO TEM MCDONALD,
reject the proposal
Edgemont Sales
-iess Systems for the
copier with a total
the amount of
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The mayor declared said motion duly carried and so ordered.
CC-H REFLECTIVE PAVEMENT MARKERS ON MAJOR STREETS
Councilman DeCocker asked for a copy of the striping schedule
when it becomes available.
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Councilman Taylor asked for verification that the markers used
would be of the rigid variety and not the flexible plastic type and
was so assured.
Mayor Bruesch asked that Hellman Avenue (New/Walnut Grove
Avenues) be included in this priority list.
There being no further discussion, it was MOVED BY COUNCILMAN
IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that the Council approve the
Traffic Commission's recommendation to install raised pavement
markers on the streets listed in the report, and that raised pavement
markers be installed at the time the streets are re-striped. Vote
resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The mayor declared said motion duly carried and so ordered.
CC-I PROPOSED REVISIONS TO FACILITY USE FORM AND FEES
Councilman Taylor asked that the security guard provision be
waived only "On written request and approval by the Department."
There being no objection, it was MOVED BY COUNCILMAN IMPERIAL,
SECONDED BY COUNCILMAN TAYLOR that the council approve the proposed
changes. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC-L AUTHORIZATION FOR THE USE OF CITY VEHICLES TO ATTEND STAFF
TEAM BUILDING SEMINAR - APRIL 14-15, 1989 - PALM SPRINGS
Councilman Imperial stated that this seminar would be of benefit
to the City. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO
TEM McDONALD that the Council authorize use of the City vehicles;
payment for lodging of $735; and payment for food of $200 not to
exceed $1000.00. Vote resulted:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION & ACTION
A.
VI. STATUS REPORTS
A. NONE
VII. MATTERS FROM OFFICIALS
A. MAYOR PRO TEM McDONALD
1. Asked staff to schedule a mutually acceptable for a
study session with the Chamber of Commerce to discuss the status of
the Visitor Information Center.
Mayor Bruesch asked for a list of possible dates to be on the
next agenda.
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B. MAYOR BRUESCH
1. Asked staff to gather information for the next agenda
regarding April as Earthquake Preparedness Month.
2. Asked for a draft resolution on the next agenda to
support legislation requiring motorcyclists to wear helmets.
3. Asked staff to obtain a copy of the city of Duarte
resolution regarding CFC styrofoam packaging bans at fast-food
establishments.
Councilman Taylor requested that the backup material explaining
the reasons for removing certain containers from the market be
included.
VIII.ORAL COMMUNICATIONS
A. NONE
IX. CLOSED SESSION - LITIGATION - GOMEZ V. CITY OF ROSEMEAD
The city council met in a closed session to discuss the case of
Gomez v. City of Rosemead. The Council took an action to approve a
proposed offer of settlement, and directed Counsel to so communicate.
There being no further action to be taken at this time, the
meeting was adjourned at 11:25 p.m. The next regular meeting is
scheduled for February 28, 1989, at 8:00 p.m.
Submitted:
wa_t_~/
,51ty Clerk
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