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CC - 11-25-869 r MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL NOVEMBER 25, 1986 AT 8:00 P. M. APPROVED CI'ry OF ROSrTUEAD DATF,_._/A_E The;Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:15 p. m., in the Council Chambersiof City Hall, 8838 E. Valley Blvd., Rosemead, California. The!Pledge to the Flag was led by Councilman Bruesch. The'Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: NOVEMBER 12, 1986 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the City Council Minutes of November.12, 1986 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATION: Bill of Rights Week Mayor Imperial presented a Proclamation to.Caroline Day of Coast Savings & Loan Association designating November-.8,= 15, 1986 as Bill of Rights Week in the City of Rosemead. Caroline Day stated that on behalf of Coast's Chairman Ross Blakely she accepted the proclamation with honor and pride. I.- ORAL COMMUNICATIONS A. Hugh Foutz, Secretary of the Sister City Committee, reported to the Council about the recent trip to Zapopan at which time they had delivered a Fire Truck and about 2 tons of medical supplies and equipment. He stated that the fiesta was very geniune and the people of Zapopan appreciated all the emergency. equipment that had been sent from Rosemead, and they expressed their appreciation to the people of Rosemead for their generosity. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE RELATING TO FORTUNE TELLING IN THE MEDIUM COMMERCIAL ZONE Mayor Imperial opened the Public Hearing and inquired if there was anyone in the audience who would care to speak regard- ing this,subject matter. Mary Marks of Balboa spoke in favor of the ordinance and stated that if she were allowed she would like to have a palm reading business in the City of Rosemead. Roy Marks, 309 Marine Avenue, Balboa, spoke in favor of the ordinance also, and commented that the neighboring cities are allowing fortune telling businesses. Mayior Imperial inquired if there was anyone else in the audience who would care to speak, and.no one else came forward. The Mayor closed the Public Hearing. Councilman Taylor stated that he personally did hot believe in fortune telling, but he was not sure what restrictions could be placed on not allowing it in the City according to State Laws. He understands that the State regulates fortune telling in such a way that it cannot be restricted other than putting reasonable con- trols on it. CM 11-25-86 Page #1 CA • Councilman Cleveland stated that he did not believe in fortune telling and he hates to see it come into the city of Rosemead; however, there is no alternative. The following Ordinance was introduced on its first reading: ORDINANCE NO. 591. AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING FORTUNE TELLING REGULATIONS MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 591 be introduced and the reading in full be waived. Vote resulted: AYES: Councilmen Bruesch, Cleveland, and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the.Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he wanted the record to show that he does understand that the City does not have much control over it and as he stated he does not support it. He added that he could understand Mr. Cleveland's concern also in not support- ing it; however, he has never known anyone who has gotten ' per- sonal satisfaction out of going to a fortune teller. He did not criticize any ones vote on the issue, but he just did not believe in it-and could not vote for it. Councilman.Bruesch stated that he had reluctantly moved for the motion because legally the City has no recourse; however, he wanted the Sheriff's Department to run a thorough check on those who apply for permits. He added that some people have been taken to the cleaners by this type of business people and he is really worried that this might happen here. Mayor Imperial stated that he also knew some people who think there is,something to this art, and he also knew a lot of people who have-told him that they have been taken to the cleaners. He wanted the record to show that he wanted strict enforcement of the policy governing this type of business. Councilman Taylor requested that his "no" vote be clarified. He wanted the record to show that he was not opposed to the waiv- ing of the reading in full. III. LEGISLATIVE A. RESOLUTION NO. 86-53 - CLAIMS & DEMANDS Councilman Bruesch inquired about Warrant No. 18080 and commented on the separate bus shelter repair billing, and he stated that he thought that part of the package was repair and maintenance. Donald Wagner, Assistant City. Manager, stated that it did not include repair, only maintenance. RESOLUTION NO. 86-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $539,150.94 NUMBERED 10265-10286/18074 THROUGH 18180 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-53 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 11-25-86 Page #12 B. RESOLUTION NO. 86-54 - CALLING & GIVING NOTICE OF SPECIAL MUNICIPAL ELECTION FOR SUBMISSION TO VOTERS A QUESTION RELATING TO INCREASE OF TRAN- SIENT OCCUPANCY TAX Councilman Taylor stated that he felt that exhibit "A" of Resolution No. 86-54 which is the measure that will be placed on the ballot for the special election, does not explain why the 2% is being increased and where it is going to be spent. He felt that it should be clarified by stating the 2% will go to the Chamber of Commerce for a Visitor's Center in Rosemead. He felt that the way the exhibit "A" is written is misleading. He did not have a problem with the Resolution if all the information was included up-front. Councilman Bruesch inquired if the City Attorney's impartial analysis•would be clarifying where the 2% would be going. City Attorney,, Robert Kress, stated that .the reason that heaprepared.:the4,Ekhibit "A" in. this manner. was because he___ wanted to show this as a straight-up tax-increase because that'-, is what it is, 'The second part of the ordinance indicates that if the City enters into an agreement with the Chamber and the Chamber agrees to build the building providing the City,with a Visitors Center, then that money will be devoted for that fund for a period of four years. He felt that was a lot of "ifs", and.if it does not,in fact, happen the tax is still imposed. That is the reason he chose to.present it this way, and he be- lieved that the argument in favor can show the intended purpose of these:funds; however, as the Ordinance is drafted presently, it is not his belief that this is a special tax for which those funds may only be used for that purpose. He remarked that the Council has made a moral committment and an offer has been made to the Chamber of Commerce's new organization, a non-profit corporation. He commented that once this organization is in a position~to enter into an agreement with the City Council of the City of Rosemead, the City will fund it with these funds. He felt that it could be explained in the arguments that it is not a tax on the citizens of Rosemead, only a tax on the transients who are stopping~by the City of Rosemead. Councilman Taylor stated that he would like at this time to withdraw-his name from the support of this Resolution as it is presented now. He had stated his opposition when it had been presented to the Council, and as the City Attorney.had stated this is a general 2% tax increase. He added that the only rea- son that:he voted for it when it was presented to the Council was because we were told that the businesses that were to be affected:were in agreement with it. He thought that he had said at that time, that if they were willing to impose a,2% increase on themselves, he had no problem with it; however,.now,(.to pre- sent it' as a general 2% tax increase without explanation, he now opposes that. He requested the minutes reflect that he is now withdrawing his support of the item. Frank G. Tripepi, City Manager, commented that this 2% in- crease in the transient occupancy tax will revert back to the City after the Chamber has collected it for 4 years to build their building: If the measure is made specifically to pay for the visitor's center, then it would have to go back to the voters to ask them if that 8% will be continued to be collected. Councilman Taylor stated that if it is put up front to begin with, then the City does not have to go back to the voters a second time. He has no problem with it, if it is explained clearly. Robert Kress, City Attorney, stated that if this is a special tax it then requires a 2/3 vote, and if.it is a general purpose tax, it will require a simple majority vote. He added that it is more than a matter of disclosure, and if the use of the funds are restricted, then it will probably be requiring a vote of 2/3rds rather than a majority. CM 11-25-86 Page #3 Robert Kress, City Attorney, continued by stating that Propo- sition #62 does not require the City to gain voter approval of the agreement between the Chamber and the City. He remarked that the increase from 6% to 8% tax was the only thing that needed voter approval. Frank G. Tripepi, City Manager, inquired of the City Attorney, that if this measure was not put on the March.3rd ballot, could the City still collect the 8% rate. If the measure was put.on the ballot of the April, 1988 election, and the building was started and the agreement had been entered into, he inquired of Councilman Taylor if at that time he would support this particular increase. Councilman Taylor stated that he knows what the tax increase is for, and how it was presented; however., it is not being presented that way to the public. Mayor Imperial inquired why the measure could not be fixed to have it placed on the ballot on March 3, 1987. Robert Kress, City Attorney, stated that if the Council wants to have the Ordinance in its entirety as exhibit "A" that could be done along with the language that would state that this Ordinance was unanimously approved by,the Rosemead City Council on July 8, 1986. He stated that if that meets with the Council's approval then the voters would be voting on the measure as a package and they may'well express an opinion on Section #2 as well as the tax increase itself. RESOLUTION NO. 86-54 that Vote The A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN MEASURE RELATING TO THE INCREASE IN THE TRANSIENT OCCUPANCY TAX AT THE SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 1987, HERETOFORE CALLED BY RESOLUTION NO. 86-49 MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVELAND Resolution No. 86-54 with the revised exhibit "A" be adopted. resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. Mayor declared said motion duly carried and so ordered. Councilman Taylor inquired if the City Attorney was going to write'the arguments for the measure. Robert Kress, City Attorney, stated that the next Resolu- tion to be considered directs the City Attorney to prepare an impartial analysis of the measure. He added that arguments in favor may be written by the City Council and he stated that he would be prepared to assist the Council, and if any one of the Council does not want to participate in the final argument he may withdraw his name. C. RESOLUTION NO. 86-55 - AUTHORIZING CERTAIN MEMBERS OF COUNCIL TO FILE A WRITTEN ARGUMENT REGARDING CITY MEA- SURE AND DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS Councilman Taylor suggested that the City Attorney can prepare the impartial analysis and at that time the Council can review it. RESOLUTION NO. 86-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGU- MENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-55 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 11-25-86 Page #4 0 0 D. , ORDINANCE NO. 592 - AMENDING CERTAIN PROVISIONS OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 Councilman Taylor inquired if the only thing in the.ordinance that needed to be voted on was the termination period. Frank G. Tripepi, City Manager, stated that there were three items that will have to be voted on. He stated that the law now requires the maximum cumulative tax increment that the Agency will receive over the life.of the project; however, this is not an exactlamount only a figure that grows 2% per year. He added that the termination date has to be established to receive tax increment or incur debt, and he stated that the third requirement is that the number of years be stipulated' and the maximum allow- able period to start the process of property acquisition is twelve years. Councilman Taylor requested that this Ordinance-be placed on the next agenda since it has until the close of this year to be adopted, and this would give additional time to reach an agreement of how to handle the litigation with L. A. County. Robert Kress, City Attorney, stated that this Ordinance offers an outside limit, and it does not say that the project has to take 50 years or receive that much increment or use that much increment; however, he stated that it does have to be adopted_by the 31st of December, 1986. He added that due to the holidays, there may not be two Council Meetings in December, and he recommended that this Ordinance be introduced and if there are questions or problems, it can be amended.at a later time. Councilman.B.ruesch stated that he was basically in favor of the amendments that are required because they set limits on the Redevelopment Agencies, and it gives the public an idea when these agencies are going out of business, how much money they will be able to collect each year, and in total. Councilman Taylor reiterated the fact that there are 61 Cities that have Redevelopment Projects throughout L. A. County and he inquired if all of those 61 cities would have to have this adopted by December 31, 1986. Robert Kress, City Attorney, stated that all of those pro- jects that are pre-Montoya must adopt this by December 31st. Frank G. Tripepi, City Manager .stated that all projects post Montoya already have these amendments in their Redevelopment Plans. The', following Ordinance was introduced on its first reading: ORDINANCE NO. 592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CERTAIN PROVISIONS OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 592.be introduced on its first reading and the reading in full be waived. Vote resulted: AYES: Councilmen Bruesch, Cleveland, and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he waived'further reading and his "no"'vote was for the introduction of the ordinance not for a full reading of the Ordinance, and he requested of the City Manager to acquire copies of all the Statements that have to be filed by December 31st by the other Agencies. CM 11-25-86 Page H5 0 0 IV. CONSENT CALENDAR Mayor Imperial recommended that the City Attorney be allowed to attend the Legislative Conference in Sacramento which is sche- duled from January 20-22, 1987. There being no objection, he was included in item CC-A. CC-A AUTHORIZATION REQUESTED TO ATTEND CONTRACT CITIES LEGISLATIVE TOUR IN SACRAMENTO, JANUARY 20-22, 1987 CC-B AUTHORIZATION REQUESTED TO ATTEND U. S. CONFERENCE OF MAYORS IN WASHINGTON, D. C., JANUARY 21-23, 1987 CC-C AWARD OF CONTRACT FOR 22ND HANDYMAN PROGRAM CC-D TRAFFIC STUDY/MARSHALL & RIO HONDO MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. VII. MATTERS FROM OFFICIALS A. ,Councilman Cleveland stated that the City Council had received' a letter from Modern Service requesting to be heard re- garding ;their service to the City, and he commented that a Study Session ,would give Modern Service the opportunity to present their problems to the City. Councilman Taylor stated that if Modern Service wants to make a presentation to the City Council, he requested that their books be open from the last negotiations that took place. He remarked that gasoline and oil prices have decreased from 25% to 40% and Modern Service has not rebated the City, and if there is any information being presented to the City Council, he would de- mand the; books be open for investigation. Councilman Bruesch agreed with Councilman Taylor; however, he did know there was a time problem of the closing of the dumps earlier,; and if that is what Modern Service wants to talk about he felt `that they should be allowed to express themselves. May Imperial stated that he did not have a problem hearing what Modern has to say if they want to appear before this Council as any other contractor; however, he would not want any resident in thisicommunity being awakened at 5:00 a.m., because trash is being picked up. He did not think the citizens in this community should be subjected to that. He also did not want to have any special meetings for this matter. Councilman Taylor stated that there should be as much written documentation as possible, both costs and what should have been credits:or reimbursements. Councilman Cleveland requested that the City Manager be in- structed to notify Modern Service of the conditions stipulated by Councilman Taylor and that Modern Service be allowed to pre- sent their problemslat a City Council Meeting. Mayor Imperial stated that he had no problem with Modern Service coming to a City Council Meeting to be heard; however, prior to that meeting, Councilman Taylor has requested that the books be open for investigation and study. He commented that the Council Agendas have provisions for any one to come forward during Oral Communications and speak regarding this subject matter. Councilman Taylor stated that Modern Services problem could not be resolved by the City of Rosemead because it is a County-wide problem; and it is with the dump-sites that are involved. He felt that if~it is not a problem of money, then they are talking to the wrong people because the City of Rosemead does not control dump-sites. CM 11-25-86 Page N6 He stated that there has to be County landfills that can be policed properly to stop the toxic dumping and such. Councilman Cleveland stated that the 'City-in., the - Contract with'MOdern-'Scrvice.agreed :that they would pay dump increases `suffei-6d:by.Modern iri handling the City's refuse, and he stated that Modern has not requested any additional money even though it is in the contract. Councilman Taylor stated that in';I'thes.W_ar_rant Listiwhich:was approved'this evening, there was $27,000 in subsidized costs, and that1would be $300,000 a year. He added that the breakdown shows an;increase in the dump fees and subsidized pick-up. Councilman Cleveland again requested that Modern Service be notified:of a meeting at which time they may present their problems. Robert Kress, City Attorney, stated that the City Clerk can send them an exerpt of the minutes that would give them an idea of the Council's desires in this matter. There being no objection, it was so ordered. t B. jCouncilman Bruesch commented on a request from Supervisor Schabarum's Office to discuss a Transportation Zone in the San Gabriel Valley, and he stated that he had gone to a lot of those meetingslin preparation for the establishment of this zone, and he did not think it was a good idea for the citizenry of Rosemead. He added that the two major lines, on Garvey & Valley, which are high passenger lines, one would be in the zone and the other would not, an& Rosemead would then be divided. He also questioned how much control a Transportation Zone would have over the City's Proposition "A" funds. He did not feel that going from RTD, which is County-wide, to a Transportation Zone, which is a Valley-wide, would give that much more local control. He stated that for the record h'e was steadfastly against the establishment of a Transpor- tation Zone in the San Gabriel Valley. Councilman Taylor inquired if other areas such as Long Beach, Pasadena;, San Fernando or other areas are considering this type of local zones, and he felt that it would be much like the break- up of the telephone company break-up. He stated that breaking it up in zones would become a free-for-all. He added that even though the RTD 'is a monster, it is subsidized by hundreds of millions of dollars 'every year in the State budget. Councilman Bruesch stated that there are two answers why the San Gabriel Valley is selected for such a zone, one is that the Federal Government is pushing privatization in transit type of activities to see if the private sector. could not run it in a more efficient way, and the San Gabriel Valley is getting so much emphasis;is because Supervisor Pete Schabarum is totally in favor of privatization of these major lines and on his staff there are a lot of;people who are also in favor of this. He felt that what the City;of Rosemead is doing by offering the public a shuttle bus and Dial',A Ride for the Seniors and Handicapped is the best way to go. He requested that if the rest of the Council agreed, he would like a Resolution prepared stating the opposition to the establish- ment of 'a San Gabriel Valley Transportation Zone. Councilman Taylor stated that he would support the prepara' tion of a'Resolution opposing the San Gabriel Valley Transportation Zone. i Mayor imperial stated that the staff was so directed. C. I Mayor imperial requested a Resolution be prepared stating the Council's unanimous opposition to the rates being charged for maintenance of the wiring by the Telephone companies. He stated that this is a scare tactic and although it is a volun- tary charge to service the wiring within the walls of peoples houses, the phone companies are just baking advantage of all.the - people. :This is a 50 cents a month charge by Pacific Bell, and he also wanted to know how much Pacific Bell would be making from the households in Rosemead alone. CM 11-25-86 Page N7 9 Mayor Imperial requested that the by the next Council Meeting. i VIII. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, iac in the Transient Occupancy Tax would b Information Center. Frank G. Tripepi, City Manager, total 8%i Transient Occupancy Tax in efk mead, and of that 8%, 2% is set aside will assist the Chamber of Commerce in Center, which is ear-marked for a perk that after that 4 year period, that 27 the City's General Fund as the 6% has that Proposition 1162 requires that anyf a General Law City since August 1, 198: proval. Resolution be prepared ired if this increase used for the Visitors tated that there is a ect in the City of Rose- nto a special fund which building an Information d of 4 years. He stated will continue to go into or many years. He added tax increase imposed by , has to have voter ap- Mr.'Nunez inquired if the subsidy to the Chamber of Commerce would be'increased when the building is completed and the 2% is no longer be contributed to the Chamber. Frank G. Tripepi, City Manager, sttated that the subsidy has been about $25,000 per year, and has not changed in many years, and this subsidy does not come out of the Transient Occupancy Tax. Mayor Imperial stated that the actual reason for doing this was so that the Chamber of Commerce could have their own building, and what the Chamber is striving for eentually is to be completely self-sufficient. Mr. Nunez stated that he could un the Chamber having their own building; was that later the Chamber may say tha operate the new facility. i B. Councilman Taylor inquired a PlanninglCommission interviews would t he would prefer having the interview p day night, December 16, 1986. 1 erstand and agreed with however, his main concern they need more money to ut the date that the e place. He stated that cess take place on Tues- Mayor imperial inquired if everyone felt that the 16th would be the appropriate date for this inter iew process. There being no objection, it was so ordered. There being no further action.to be taken, the City Council Meeting was adjourned to December 9, 11986 at 8:00 p. m. Respectfully submitted APPROVED MAYOR ty CM 11-25-86 Page H8