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CC - 12-08-87s APPROVED " CITY OF ROSEiIEAD MINUTES OF THE REGULAR MEETING DATE r 1-2- ROSEMEAD CITY COUNCIL DECEMBER 8, 1987 - The Regular Meeting of the Rosemead City Council was called to order by mayor Cleveland 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 Councilman Taylor The Invocation was delivered by Pastor Cliff Gravitt of the New Life Baptist Church. ROLL CALL OF OFFICERS: Present: Councilmen Imperial, McDonald, Taylor, Mayor Pro Tem Bruesch, and Mayor Cleveland Absent: None APPROVAL OF MINUTES: NOVEMBER 24, 1987 - REGULAR MEETING MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR to approve the Minutes of November 24, 1987. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. A proclamation was prepared for Thu Le in honor of her having won the Constitution Speech Contest. Ms. Le was unable to attend and her award will be presented at a later date. A proclamation was presented to Don Linde in honor of Bill of Rignts Week, December 13 -19, 1987. A proclamation was also prepared for the National Safety Council in regard to their program of Drunk Driver Awareness. This award will be forwarded to the organization. T ORAL COMMUNICATIONS FROM THE AUDIENCE Jim Flournoy, 8655 Landis View Lane, apprised the Council of the availability of funds from the Southern California Association =f Governments (SLAG) for traffic studies conducted in the San Gabriel Valley. Mayor Pro Tem Bruesch expressed his knowledge of this funding and stated that approximately $520,000.00 will be available. The first phase will include a study of travel flow on the San Bernardino and Pomona Freeways in the East Los Angeles and Highland Park areas. The second phase will include the study of the same corridors in the western portion of the San Gabriel Valley with relation to the impact of the population growth in the Inland Empire and the subsequent impact on those freeways. Money for this second phase should be available by the end of July, 1988. II. PUBLIC HEARINGS None III.LEGISLATIVE A. RESOLUTION NO. 87-51 - CLAIMS & DEMANDS The following resolution was presented to the city council for adoption: CC 12-8-87 Page 41 0 RESOLUTION NO. 87-51 '0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $369,555.57 NUMBERED 00560-00577/20939 THROUGH 21022 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 87-51 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 87-52 - CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 1988 The following resolution was presented to the City Council for adoption: RESOLUTION NO. 87-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES MOTION BY MAYOR PRO TEM BRUESCH, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 87-52 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 87-53 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SERVICES TO THE CITY RELATING TO THE CONDUCT OF GENERAL MUNICIPAL ELECTION The following resolution was presented to the City Council for adoption: RESOLUTION NO. 87-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 87-53 be adopted. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 87-54 - ADOPTING REGULATIONS FOR CANDIDATES STATEMENTS The following resolution was presented to the City Council for adoption: RESOLUTION NO. 87-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988 MOTION BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 87-54 be adopted. Vote resulted: CC 12-8-87 Page #2 1 9 0 UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 87-55 - SUPPORTING THE ESTABLISHMENT OF A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) The following resolution was presented to the City Council for adoption: RESOLUTION NO. 87-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING THE ESTABLISHMENT OF THE SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) Councilman Taylor expressed concerns that the monies collected under this program would not be kept in the program. Mr. Taylor felt that monies for the call boxes would merely be a shifting of the tax dollars. Mr. Taylor asked that this item be deferred pending further information on the funding and the expenses. Mr. Taylor supports the concept and agrees there is a need for a reliable phone system on the freeways but wants to be sure the monies are kept in the program. Mayor Pro Tem Bruesch stated that the money was not coming from a shift of monies but rather from an entire new source of funding by creating a user's fee to be collected by the Department of Motor Vehicles through the vehicle licensing procedure. Councilman McDonald concurred with Mayor Pro Tem Bruesch and added that California Highway Patrol revenues of $1.2 million currently spent for call boxes would be available for law enforcement and $1.2 million of gas tax monies currently spent for call boxes would be available to the county for additional road repairs if this type of funding is implemented. There being no further discussion, it was MOVED BY COUNCILMAN McDONALD, SECONDED BY MAYOR PRO TEM BRUESCH that Resolution No. 87-55 be adopted. Vote resulted: AYES: Councilman McDonald, Cleveland NOES: Councilman Taylor ABSENT: None ABSTAIN: Councilman Imperial Mayor Pro Tem Bruesch, and Mayor The Mayor declared said motion duly carried and'so ordered. Councilman Taylor asked that the record show the reason for his "NO" vote is his belief that the program is simply another shifting of tax dollars, and that he does not believe that the Los Angeles county residents are going to get the full benefit of the program to be presented. Councilman Imperial asked that the record show the reason for his "ABSTAIN" vote is that he would have preferred that this item be deferred. Mr. Imperial felt that this item was comparable to the Lottery where promises of money were made and possibly not kept. Mr. Imperial concurred with Mr. Taylor that steps be taken to be sure that the proper parties receive the funds. IV. CONSENT CALENDAR (CC-A PULLED) B. AUTO INSURANCE LEGISLATION - SB 274 (AYALA) AND AB 872 (FLOYD) CC 12-8-87 Page #3 MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR PRO TEM BRUESCH to support the Auto Insurance Legislation. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor asked the status of the other bills that are pending on this legislation as they relate to providing actual reductions in rates paid by drivers. Mayor Pro Tem Bruesch stated that several initiatives are being circulated for placement on the June ballot. He requested staff to follow developments in the initiatives. CC-A DANCE AND ENTERTAINMENT PERMIT/FANTASY RESTAURANT - 9108 E. GARVEY AVENUE Councilman Imperial expressed the desire that the permit state specifically that no contests be conducted where any part of the body would be referred to in any way. There being no further discussion, it was MOVED BY COUNCILMAN IMPERIAL, SECONDED BY MAYOR PRO TEM BRUESCH that an additional condition be added stating that no contests referring to body parts be held. Vote resulted: UPON ROLL CALL VOTE ALL COUNCILMEN PRESENT VOTED AYE. The Mayor declared said vote duly carried and so ordered. VII. MATTERS FROM OFFICIALS A. Mayor Pro Tem Bruesch asked that the Palms Motel, 8434 E. Garvey Avenue be investigated by staff. Mr. Bruesch stated that there is some evidence that the facility is being used as a rental rather than a motel. Mr. Bruesch also requested that the Southeast Area Traffic Study be placed on the agenda for discussion at the first meeting in January, 1988. B. Councilman Taylor again asked where the budgets were for the Boys and Girls Club. Frank G. Tripepi, City Manager, stated that a request has been hand-delivered and they were notified that the funding will not begin until the budgets have been received. It was requested that the question of selecting a member of the City Council to sit on the Rosemead Boys and Girls Club Board of Directors be placed on the next agenda. C. Councilman McDonald recommended that staff be directed to provide an alternative recycling program for trash in relation to extending the current contract with Modern Service and the stabilization of commercial rates. Mr. McDonald stated that several businesses that he had spoken with are unhappy with the commercial pick-up provided by Modern Service. Councilman Taylor requested that the City Attorney be instructed to investigate the possibility of anti-trust violations due to the "sweetheart" contract that Modern Service enjoys with the City of Rosemead and if the contract should be put to bid. Councilman Imperial requested that documentation of all problems encountered in the past with Modern service be provided to the council. CC 12-8-87 Page 44 0 0 Councilman Taylor suggested that a postcard survey be conducted among the residents of the city to determine their interest in and support of a curb-side recycling and sorting program. Councilman McDonald requested that all recycling programs being conducted by collection services elsewhere in the area be provided to the Council for possible incorporation into Rosemead's program. Councilman Taylor reiterated his opinion that the service provided is adequate but the method of hiring the contractor is at issue. Mayor Pro Tem Bruesch cited the savings in dump subsidy fees that are enjoyed by some cities in northern California because of their recycling programs. Frank G. Tripepi, City Manager, stated that staff would attempt to have the information on recycling programs implemented by other trash haulers in the area, as well as the other items mentioned in the previous discussion, available for the Council by the second meeting in January, 1988. D. Councilman Imperial asked for an update on the sewing shops located on Garvey Avenue. E. Frank G. Tripepi, City Manager, stated that the Internal Revenue Service has determined that the amendment to the tax law, as it relates to the Contributions in Aid of Construction (CIAC), was not meant to tax public projects, such as undergrounding districts. It appears that the issue has been settled. F. Mayor Pro Tem Bruesch asked for the current status of SB 709 (Bergeson) concerning the "no and low" property tax cities. Mr. Tripepi stated that an interim hearing was scheduled for December 9, 1987, to consider the negative impact on the counties, statewide. Senator Montoya was against adding the "no and low" tax cities to SB 709. VIII. ORAL COMMUNICATIONS A. Bonnie Culbertson, Vice-President of the Rosemead chamber of commerce reminded the City Council that the Chamber Christmas mixer would be held on Thursday, December 10, 1987, at the First American Bank. The "entrance fee" would be an unwrapped toy for the "Toys for Tots" campaign and cordially invited the Council to-attend. B. Faris Thani, 15 Allegheny, Irvine, the previous owner of the Fantasy Restaurant, spoke for the new owner. They were asking for clarification of the contest restrictions that would be placed on the nightclub. There seemed to be some misunderstanding as to these restrictions. Mr. Thani was asking for the specific restrictions. Councilman Imperial stated that no contests could be held that specified any portion of the body, such as a "leg" contest or a "brawn" contest. Andy Lui, 1820 Alta Vista, Alhambra, the new owner of the Fantasy Restaurant asked that the specific restrictions be explained in detail. Councilman McDonald suggested that Mr. Tripepi explain the guidelines of the ordinance relating to these types of contests. Frank G. Tripepi, City Manager, stated that an additional condition will be drafted and added to the approval which states that the Fantasy Restaurant will not conduct any contests that refer to any parts of the body, male or female, such as leg contests, or "tush" contests. These conditions will all be listed and explanations given at such time as Mr. Lui comes into City Hall to sign them. CC 12-8-87 Page #5 Councilman Taylor requested clarification that disco dancing, not strip dancing would be conducted. Mr. Lui verified that this would be the case. Mayor Pro Tem Bruesch told Mr. Lui that the Council's concerns stemmed from past experiences with this Restaurant. The Council is mainly interested in making sure the same type of problems do not occur again. C. Juan Nunez, 2702 Del mar, spoke about the problems with the trash collector. Mr. Nunez feels that the drivers should be more alert to trash problems and bring these to the attention of their supervisors in order to keep the trash picked up. Some appliances had been left in front of homes for a period of time. Mayor Pro Tem Bruesch requested that these locations be brought to the attention of staff so that the Code Enforcement officer can take appropriate action. Councilman Taylor stated that the residents may not be aware that they should call Modern Service 29-hours in advance for special, large-item pickups such as washing machines or refrigerators. Mr. Taylor agreed that the drivers should be more aware of the conditions of their areas. Staff was instructed to look into this. D. Jim Flournoy, 8665 Landis View, spoke on the trash trucks coming before 6:00 a.m. and the fact that some of their trucks are in need of repair, and was concerned that an ordinance was being violated. Councilman McDonald stated that due to the hours of the dumps the trucks have to start earlier to finish in time. Mr. McDonald suggested that anytime Mr. Flournoy had a problem with Modern service he should let staff know so that the problem can be handled on a timely basis. There being no further action to be taken at this time, the meeting was adjourned at 9:20 P.M. The next regular meeting is set for December 22, 1987, at 8:00 p.m. APPROVED: Respectfully submitted: ~ LV G2i1~2?~~ AYOR CV y Clerk cc 12-8-87 Page #6