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CC - 07-08-86APPROVED CITY OF £OSFEis",,/.D DATE 7-ate - MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JULY 8, 1986 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:08 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Reverend Garth Hyde. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Taylor, Tury and Mayor Imperial Absent: None APPROVAL OF MINUTES: JUNE 24, 1986 - REGULAR MEETING approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the Council Meeting of June 24, 1986 be PRESENTATIONS: FRANK DI NOTO Mayor Imperial presented Frank DiNoto with a Resolution of Commendation from the City of Rosemead which honored him as the in-coming President of the world-wide Kiwaniis International, as well as the multitude of contributions he has made to the City of Rosemead. Frank DiNoto stated that it was a privilege for both he and his wife to humbly accept this commendation and was deeply honored by it, and he added that it was the people of Rosemead that gave him his start to move up the chairs in Kiwaniis, and without the love and support of some of the people in the audience it would not have been possible, especially Norm and Leona Morgan. Mayor Imperial called on Beth Wycoff, who commented on com- munication which was received from Mayor Harcourt of Vancouver, Canada, requesting some memorabilia from the City of Rosemead for the Expo which is being held in Vancouver this year. She stated that a montage of pictures will be sent to the Expo, and to receive this montage is the honorable Robert Brook, consulate and trade commissioner from Canada. Mr. Robert Brook expressed his appreciation on behalf of Mayor Harcourt, and stated that this montage would be welcomed by the Mayor for display at the Vancouver Expo. Beth Wycoff stated that also the historical "25th Anniversary" Book of Rosemead will be sent and the first visitor from Rosemead to attend the Expo who finds the montage and lists all of the captions under the pictures will receive a free dinner for two at T. J.'s. Mayor.Imperial stated that he would like to honor Tim Kerr who is leaving the City of Rosemead to make further progress in his career. Mayor Imperial commented that on behalf of himself and the rest of the Council, he wanted to thank Tim for all that he has done for the City in the 22 years he was employed here, and stated that he was very much appreciated and was welcome any.' time to come back. Tim Kerr, Executive Assistant, expressed his sadness in having to say good-bye to the City Council and staff, and thanked everyone. CM 7-8-86 Page N1 Mayor Imperial expressed his special apl Shopper Shuttle which Tim Kerr was instrument gether. Mayor Imperial welcomed the Government High School, and thanked them for attending I. ORAL COMMUNICATIONS FROM THE AUDI •eciation for the l in putting to- ass from Rosemead e Council Meeting. E A. Dale Denton, 2508 Midweikhill Drive, Alhambra, stated that he 'owned property at 3026 North Bartlett Avenue, which is a Mobile Home Park which houses 50 residents.) He stated that his property is about 130 feet north of Garvey, and his neigh- bor, Mr. Getz, 8623 Garvey wants to put in 21spray booths to paint cars. He added that within three blocks there are already four spray booths on Garvey, and with the addition of the 2 spray booths,:it would make six spray booths. He felt that this would be hazardous to the health of the people who Ilive in the area, and he felt that the Council should put a moratorium on the addi- tion of any more spray booths. Mayor Imperial directed staff to investigate and prepare a written memorandum regarding this problem and instructed the staff to contact Mr. Denton to get any additional information if needed. Councilman Bruesch commented that therelhad been a similar situa- tion on Lower Azusa and Rosemead Blvd., and requested that this reso- .lu.tion be referred to. Mayor Imperial directed staff to investigate this also. Councilman Taylor requested that the Pei cluded in the memo that is to be prepared. Mayor Imperial so directed-:the staff.'__. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER PROPOS THE APPROPRIATIONS LIMIT, AND THE THE REVENUE SHARING FUNDS Mayor Imperial opened the Public Heari there was anyone who would care to speak re No one came forward, and the Mayor clos A-1 RESOLUTION NO. 86-32 - ADOPTING RESOLUTION NO. 86-32 A RESOLUTION OF THE CITY COUNCIL OF T ADOPTING AN APPROPRIATIONS LIMITATION FISCAL YEAR t process be in- 1986-87 BUDGET OPOSED USE OF and inquired if ding this subject. the Public Hearing. IONS LIMIT CITY OF ROSEMEAD R THE 1886-87 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-32 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. A-2 RESOLUTION NO. 86-33 - ADOPTING THE 1986-87 BUDGET AND MAKING APPROPRIATIONS FOR AMOUNT BUDGETED RESOLUTION NO. 86-33 A RESOLUTION OF THE CITY COUNCIL OF THEICITY OF ROSEMEAD ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1986-87 AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-32 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 7-8-86 Page #2 F, III. LEGISLATIVE A. RESOLUTION NO. 86-34 - 1985-86 CLAIMS & DEMANDS RESOLUTION NO. 86-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $555,623.91 NUMBERED 10029-10043/17015 THROUGH 17076, INCLUSIVELY MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-34 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 86-35 - 1986-87 CLAIMS & DEMANDS RESOLUTION NO. 86-35 A RESOLUTION OF THE CITY COUNCIL OF THEICITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $18,910.65 NUMBERED 17078 THROUGH 17099 INCLUSIVELY MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-35 be adopted.) Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 587 - TRANSIENT OCCUPANCY TAX INCREASE ORDINANCE NO. 587 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD INCREASING THE TRANSIENT OCCUPANCY TAX MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 587 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A AUTHORIZATION REQUESTED TO SEEK BIDS.FOR SALE OF PARKS DEPARTMENT VAN CC-B REQUEST FOR INCREASE IN ARCHITECTURAL FEE FOR THE ROSEMEAD BOULEVARD MEDIAN PROJECT CC-C APPROVAL OF.FINAL TRACT MAP #44194/3157-67 IVAR CC-D AUTHORIZATION REQUESTED TO ATTEND ICMA ANNUAL CONFER- ENCE IN SAN DIEGO, SEPTEMBER 28 - OCTOBER 2;.1986 CC-E ACCEPTANCE OF ROAD DEEDS AND PERMITS TO ENTER/STEVENS STREET IMPROVEMENT PROJECT CC-F AUTHORIZATION REQUESTED TO SEEK BIDS FOR 21ST HANDYMAN BID PACKAGE CC-G AUTHORIZATION REQUESTED TO ATTEND NATIONAL LEAGUE OF CITIES COUNCIL/STAFF CONFERENCE IN MILWAUKEE, WISCONSIN JULY 31 - AUGUST 2, 1986 CC-H ACCEPTANCE OF EASEMENT-EGLEY AVENUE STREET IMPROVEMENT PROJECT CC-I AUTHORIZATION REQUESTED TO PURCHASE NEW VEHICLE 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. CM 7-8-86 Page #3 V. MATTERS FOR DISCUSSION & ACTION A. FALCON CABLE T.V. Councilman Tury requested that the staff be authorized to send the attached.letter to Falcon Communications putting them on notice that if they don't start construction by the 15th of September, 1986 that the $1000 a day fine will start at that point and time. Councilman Bruesch requested a memorandum from the City Attorney regarding the section on Contract that he had read a couple of nights ago, about the right of the City Council when it comes to the sale.of the City's.Franchise. He believed that the Council would have prior approval of the purchaser, and he wanted to know what the legal ramifications or recourse the City would have if this Franchise is put up fior sale. Robert Kress, City Attorney, stated that he would be glad to put that in writing; however, he added that it.would be a whole brand new ball game. If the Franchise Iis sold, before it is built, the potential new owner would come to the Council and attempt to negotiate to establish new dead-lines and new committments. He commented that an Escrow type situation is set-up where a potential new owner will onlylpurchase the system if they are able to gain the City's approval. Councilman Bruesch requested that alonglwith the memorandum . that best-case scenarios and worse-case scenarios be included. Councilman Taylor commented on the letter from Computran which refers to the statement from Falcon that 30% of the design work for the system is complete, and Computran is requesting that the City direct Falcon to send Computran the design completed to date. He stated that he felt uneasy at this time to push Falcon to start construction and according to the letter our consultant and inspection services have not even received the document. He felt that one of the worse things that couldlhappen is to push. someone to start,.when the consultants haven~t even reviewed the portion of the system that Falcon says is completed. He reiterated that one of the worse things that could be dine is to start the project and then have it collapse. Councilman Tury stated that if Falcon really wants to start construction by September 15th, they can give the consultants the plans that they have drawn now and they will be ready to go. He felt that the letter from Falcon did not have any substance to it, and he felt that a letter from the City would put them on notice that if construction was not started by September 15th, the Council intends to use the powers that the Franchise gives to see that the Cable System is indeed build. Councilman Bruesch stated that one of the things that he is particularly worried about is the fact that one of the con- tracted agreements was that a certain amount Iof space at the Alhambra Facility would be devoted to Rosemead, and now, that facility will not be expanded to accomodate Rosemead's customers. He felt that if the system were built without that expansion, then the system is not totally buiilt. Councilman Taylor stated again that there has not been even a preliminary review by the consultants, andl even though he does not care which cable company builds the systiem, he would be voting "no" because he felt that the City would nowt be creating a situa- tion that could lead to litigation. He did not think that the remaining 60 days would be enough time. A couple of months ago plenty of notice had been given to Falcon regarding what has to be done, and to date, the Council has not even had the right to review their design. Councilman Tury stated that he felt that the Attorney's letter would put Falcon on notice again that, the City is going follow through with the power given by the Franchise. 1 CM 7-8-86 Page #14 Robert Kress, City Attorney, stated that been sent a letter in early June, directing should be addressed in their monthly reports back-up as to the ascertians made in that re not feel that the letter received from Falco back-up whatsoever. He recommended that Fal notice that that particular format for month acceptable and the City.views that as a viol ground rules set down by the Council in its and that back-up for the June report and July ' He explained that the intent of the letter he was simply to put teeth into the Council's d close the franchisee from coming back on Sept ing- up the entire process exercising appell, contained in the Franchise Agreement and Ord to say that if they are going to assert that or anyone else is standing in their way, as it is his recommendation, that this be broug right now prior to the September 15th deadli' if there has been progress then it should be by the City's consultant at this time. Councilman Taylor stated that he wanted Computran,put in the Council Minutes for the rd~ e CONTROL AND COMMUNICA TIONS t Falcon had them as to what and requesting port. He did n contained any con be put on ly report is un- ction of the meeting in April, report is expected. drafted to Falcon eadline, and to fore- ember 14th and open- ate rights that are inance. He went on Ithe utility companies far as construction, ht out in the open ne. He added that documented and checked the letter from record and he read: ITEM ENGINEERING 100 FIRST STREET HACKENSACK, NEW JERSEY 07601 (201) 489-7500 June 24, 198 Ms. Lisa Donnell Administrative Aide City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Dear Lisa: We have reviewed the progress report s Communications, and note that no backup evi your letter of,June 6, 1986, is included. Wit', regard to the clean up of deviation Pacific Bell, no documentation as to work cons submitted. Jim Sliwa of our staff contacted Pacific Bell who confirmed that Falcon has be Falcon, however, has not asked Pacific Bell f any areas. Consequently, none of the areas 1 Bell in their letter to Falcon of 2/5/86 are utility to be completed. With regard to pole rearrangement work, that Falcon's goal is to clean up deviations timely submission, acceptance and approval of According to Ms- Gillingham, approval of pole approximately one month. Upon approval,.?alc actual rearrangement work before construction no applications have as yet been submitted to Rosemead, I seriously question Falcon's ab_li September 15, 1986 deadline for the start of tted by Falcon e, as requested in required by leted was arcia Gillingham of un the clean up. r an inspection of sted by Pacific onsidered by the Watson states o provide for pole applications. applications takes n must still do the can begin. Since :a.cific Bell for y to meet the onstruction. CM 7-8-86 Page N5 ,lith regard to system design, the desicn is completed. The City COMPUTR:yid t`.e desicn completed to their statement and so that we may process. states that 3096 of Air. Watson should direct Falcon co send date so that we can confirm begin the design review Finally, no information has been provided regarding the. resolution of Falcon's financial problems. This is a critical item and documentation regarding the status of system financing should be provided. Our recommendation at this point is that the City respond to the progress report noting that the report was seventeen days late and that the report did not comply with the requirements set forth in your letter to Watson of 6/6/86. Furthermore, I fully suonort the action recommended by the City Attorney in his memorandum to the City Council of 6/13/86. If you wish to discuss these matters further, please call me. Sincerely yours, COMPUTRAN SYSTEMS CORPORATION Marcia S. Shapiro Director of Telecommunications Services -'Councilman Taylor stated that this letter comments on several serious defects, and he is apprehensive about Falcon rushing in the City to try to start something, and then have to go to court over it. Councilman Tury stated that if Falcon has internal problems they are Falcons and not the City's, and the City has been more patient with Falcon than necessary. He stated that he had voted for Falcon; however, he has come to the point that he is sorry that he voted for them. He felt that this letter to Falcon is just the logical step to tighten the knot a little further. Councilman Bruesch stated that he made a direct question regarding their financial problems and at that meeting with Falcon they stated that everything had been straightened out. He added that according to the letter from Computran there is no documentation that their financial problems are solved. He also mentioned the fact that additional space in the Alhambra facility had been promised, and now, there will be no additional space allotted. He agreed with Councilman Taylor in that he would not want them to just start something to meet the require- ments, and then wash their hands of Rosemead, and then sell out. He also agreed with Councilman Tury in that Falcon cannot be allowed to go on and on in this manner, and put off the inevitable. Mayor Imperial stated that he felt that the City has dealt with good faith with Falcon T. V.; however, he did not feel that they have dealt with good faith with the City. He felt that the progress report which Falcon had sent was an insult to the intelli- gence of the entire Council, and requested that the letter reflect that sentiment. Councilman Taylor requested that this item be placed on the next Council Agenda because there has not been discussion as to what would acceptable for start of construction. He did not criticize the Council for any action taken and he could under- stand the anxiety and he can support that; however, there has been such a lack of good faith from Falcon, that he dreads that they will come in within 45 days and start some type of construc- tion and no review process. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that the letter from the City Attorney be sent to Falcon giving them notice regarding the imposition of a $1000 fee per day if construction on the Cable System in Rosemead does not commence by September 15, 1986. Vote resulted: CM 7-8-86 Page N6 AYES: Councilmen NAYES: Councilman ABSENT: None ABSTAIN: None C Bruesch, Cleveland, Tury and Mayor Imperial Taylor Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the letter from Computran be placed in the Minutes so that there will be documentation of what they have requested. B. CLAIMS BOARD Councilman Tury stated that he had felt that a Claims Board was a good idea; however, after receiving a letter from the JPIA, he has reservations about the idea. Councilman Taylor stated that the recommendation presented to the Council was that claims not involving physical injuries and less than $500 can be placed on the Consent Calendar for settlement rather than an automatical referral to the Claims Adjuster for SCJPIA, and if the Council doesn't agree with the recommendation, their decision will be followed. Councilman Bruesch questioned if this change in policy would alter the amount of reimbursement the City would receive from the SCJPIA Liability Program. Councilman Taylor stated that what brought this idea up was a $69 claim for a cut tire, and the suggestion was to elim- inate a lot of costly overhead costs; and that a $69 claim could amount to several hundred with just the first correspondence. He did not want to expend several hundreds of dollars if it is not necessary. Councilman Bruesch commented that he did not want to risk any of the $36,000 which was reimbursed to the City from the program. Robert Kress, City Attorney, stated that the City would not be risking it, and if a claim is not reported, all it means is that the City is responsible for the claim. He felt that an adjuster is needed for most of the claims presented to the Council; however, the small claim that a citizen has really experienced,where the City is at fault, the City should just go ahead and pay it. There being no objection, it was so ordered. VII. MATTERS FROM OFFICIALS A. Councilman Bruesch stated that he had requested a memo regarding Modern Services and the property at 8636 Ramona regard- ing the alleged curtailment of services, and again he is requesting that a memorandum be prepared regarding this matter from Modern Service Company. B. Councilman Bruesch stated that he had been approached by two elderly people who live south of Garvey and questioned why the cheese that is given away is not given out at Zapopan Com- munity Center. Michael Burbank, Parks & Recreation Director, stated that there is a home deliver service and possibly this could be arranged for the two individuals. Councilman Taylor commented that if these individuals are house-bound and cannot go to the Community Center., then he would assume that they could not go to the.Zapopan Center either; how- ever, staff could contact those individuals and notify them of , the home deliver of the cheese. He did not feel that it was nec- essary to set up another distribution point just 2 miles away. CM 7-8-86 Page X17 Mayor Imperial commented that he knew that some people had a legitimate need and then there were people who were just being greedy and did not have a financial need for the free cheese and complained because they were not receiving it. He felt that arrangements could be made without making home deliveries of the free cheese. Mayor Imperial requested that Michael Burbank prepare a memo for the Council regarding the free cheese program as soon as possible. C. Mayor Imperial stated that a petition has been received from a senior citizens group. Donald Wagner, Assistant City Manager, stated that the petition was regarding the luncheon program at Zapopan Center, and the fact that this luncheon program has been cancelled as of July 1, 1986. Michael Burbank, Parks & Recreation Director, stated that the daily food program is funded through Casa Maravilla who supplies the food and the Mexican American Opportunity Foundation supplies the manpower. He commented that a couple of weeks ago the Casa Maravill'a sent a letter indicating that because of funding cuts they will.have to cut-back on some of the programs, and once the Casa Maravilla food was lost, the program was lost. He stated that they are trying to find other vendors; however, the outlook is not very bright. Councilman Taylor stated that he wanted all the back-up information and documentation regarding this program to find out why some programs were cut and others were not. Mayor Imperial stated that volume was a problem; however, it has been said that that problem was remedied. Mayor Imperial directed staff to give the Council all the back-up information and find out what the problem actually is, and why it exists, and what can be done to remedy it at whatever level it may be. Councilman Bruesch felt that volume may have been a problem; however, there was a consistency of volume and there was a specific group of seniors that were really relying on that program. Michael Burbank stated that the volume fell into two categories. Monday, Wednesday, Thursday and Fridays there were.approximately 35 to 45 people at the Zapopan Center for lunch; however, on Tuesday, when the Zapopan Senior Citizen Club met,there were about 160 for lunch. He commented that from the letter from Casa Maravilla, the volume did not seem to be the problem,only the cut in funding. Councilman Tury requested that some investigation be done to find out how much that luncheon program would cost to fund. Mayor Imperial directed staff to provide the Council with information regarding how much it would cost to continue the program. Councilman Bruesch inquired if the Rosemead Community Center could handle the additional 30 or 40 people since the transporta- tion is available to the seniors throughout the entire city. Michael Burbank stated that.was;=thought' about: prior` to con- tacting Maravilla, but the problem is that it is out of the juris- diction-of the Bassett/Rosemead School District.. Mayor Imperial requested that Michael Burbank supply the Council with all the back-up information on this item, possibly the addresses of all the people on the petition, and he added that the problem is known and all he wanted was to know how to fix it. D. Robert Kress, City Attorney, stated that there has been news regarding the Contract Cities/Ambulance litigation.= News-. has been sent to the Superior Court from the Court of Appeal that no further action be taken while the Court of Appeal was reviewing the matter. He added that the injunction requiring the County of Los Angeles to continue service pursuant to the disputed contract was to expire today; however, that injunction has now been continued in effect indefinitely, pending the Court of Appeal review. CM 7-8-86 Page #8 E. Donald Wagner, Assistant City Manager, introduced the new Planning Director, Gary Chicots, who comes to Rosemead from the City of Huntington Park. Donald Wagner, speaking on behalf of the City Manager and himself, thanked the Executive Assistant, Tim Kerr, for a job well-done and stated that he has been a real asset to both the City and the profession, and he added that he would personally miss him, and wished him the best. F. Hugh Foutz, City Treasurer, stated that two citizens from Zapopan, Rosemead's Sister City, will arrive on July 15th for a five day visit to inspect the fire truck that was purchased by them for their City. He stated that they will be here until July 20th and probably would be in and out of City Hall during their stay. Mayor Imperial thanked the City Treasurer for the up-date on the Sister City visitors, and he.added if there is any assis- tance that might be needed, to feel free to call upon-the.City staff. There being no further action to be taken by the City Council, the Council Meeting was adjourned to the next regular meeting on July 22, 1986 at 8:00 p. m. APPROVED: 7 MA OR Respectfully submitted: l Y,6~ Cit Clerk CM 7-8-86 Page H9