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MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
OCTOBER 9, 1985 AT 8:00 P.M.
APPROVED
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The Regular Meeting of the Rosemead City Council was called
to order by Mayor Tury at 8:07 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 Councilman Cleveland.
ROLL CALL OF OFFICERS:
Present: Councilmen Bruesch, Cleveland, Imperial, and Mayor
Tury.
Absent: Councilman Taylor (excused)
I. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan R. Nunez, 2702 Del Mar Avenue, inquired about the status
of the negotiations for the cable TV.
Frank G. Tripepi, City Manager, responded that the cable company
has applied for permits from the utility companies, and is expected
to start construction and stringing the wires by the end of this
month.
Mr. Nunez stated that his question was based on a September 26
newspaper article on problems experienced by the City of Monterey
Park with the cable company.
Councilman Imperial suggested that Mr. Tripepi give Mr. Nunez
a copy of a recent article in Executive Magazine, which rates Falcon
at the top and the healthiest at this point.
II. PUBLIC HEARING
PUBLIC HEARING TO CONSIDER THE EXTENSION OF THE MORATORIUM
IMPOSED ON THE PRACTICE OF FORTUNE TELLING
As an introduction, City Attorney Kress stated that this is
a topic on which every day information becomes available on what
other communities are doing in regards to the regulation of the
fortune telling business. The Supreme Court and the Federal Court
informed us that we cannot prohibit this type of activities, but
within reason we may regulate it, so a moratorium on the establish-
ment and conduct of such businesses was enacted for 45 days. The
ordinance to be considered tonight will extend that moratorium
for a period of not to exceed 10 months and 15 days. During that
time, prior to the expiration of the 10 months and 15 days, the
Planning Commission will make its recommendation on a regulatory
ordinance to the City Council. During the recent Conference of
the League of California Cities in San Francisco, the City Attorneys
had a paper delivered on this subject, and there is still substantial
confusion as to exactly what type of regulation is possible. For
that reason, the Council is asked to.extend the moratorium. Research
into avenues of regulation and permissable types of regulation are
not complete at this time.
Mayor Tury stated that the Public Hearing was open, and requested
anyone who wished to speak to rise and be sworn in.
There being no public comment, the Public Hearing was closed.
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MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH
that 'Ordinance No. 58:4 be-- dd6ptdd.
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UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Councilman Bruesch inquired if there seemed to be a move to
have some State regulation.
City Attorney Kress responded that the California Supreme Court
rules pursuant to the California constitution that a flat prohibition
of these types of conduct violates the freedom of speech provisions
of not only the Federal constitution, but the California constitution
as well. There would not be any room for the legislature to
legislate on a statewide basis except if it were a constitutional
amendment. What needs to be considered is zoning, parking, signing,
and those types of issues.
Councilman Bruesch' next question was about the proposed language
and a provision stating no license needs to be issued if there is a
misdemeanor charge against the person in the last six months using
a similar license.
City Attorney Kress responded that he will try to determine if
that 6 month period can be extended, as a range of 6 to 12 months
in this type of situation seems to be insufficient.
III.AWARD OF CONTRACT FOR ROSEMEAD BOULEVARD MEDIAN BEAUTIFICATION
PROJECT.
Mayor Tury stated that the staff report mentioned that there was
a possibility of a 15 day extension on the bid, which expires today,
and inquired if that 15 day extension was granted.
City Manager Tripepi responded that the contractor granted an extension
provided that he-be allowed to start on the 28th, and that the staff
report includes all the square footage in the cost, as requested at
the last meeting.
Councilman Bruesch asked if there was any reason not to vote on
this item tonight since his major concern of differentiation between
the price of small medians with mostly concrete, and large medians
with mostly landscaping was no longer an issue since the difference
in the Moulder Brothers bid is only about 50 cents a square foot.
MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN IMPERIAL
that the contract for Rosemead Boulevard median beautification
project be awarded to Moulder Brothers.
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
IV. MATTERS FROM OFFICIALS
A. Councilman Bruesch requested staff to investigate and
possibly initiate talk with Juvenile Diversion on prevention of
youth gangs. He was very impressed by a presentation he had seen
and would like to see something like that start in the schools.
Councilman Imperial stated that as a Board Member of Juvenile
Diversion, he would be glad to pass along any information Council-
man Bruesch has on the subject.
Mayor Tury called for a recess to a closed session on personnel.
. City Attorney stated that the Council met in a closed session
to discuss personnel items and that no action was taken. Another
closed session will be conducted at the next meeting.
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•
The City Council Meeting was adjourned to the next regular
meeting on October 22, 1985 at 8:00 p.m.
Respectfully submitted:
APPROVED:
MAYOR
City Clerk
CM 10-9-85
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