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CC - 04-08-85 - Adjourned Meeting0 MINUTES OF THE ADJOURNED MEETING ROSEMEAD CITY COUNCIL APRIL 8, 1985 AT 8:00 P. M. APPROVED CITY OF ROSEMEAD DAT, ' /LT/~ Till The Adjourned Meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:05 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Imperial. The Invocation was delivered by Reverend Art Freund. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: FEBRUARY 26, 1985 - REGULAR MEETING MARCH 12, 1985 - REGULAR MEETING MARCH 19, 1985 - ADJOURNED MEETING MARCH 26, 1985 REGULAR MEETING Councilman Bruesch requested that the word "quote" be added to page #26 of the February 26, 1985 Council Meeting, and that a statement that he made during the Council Meeting of March 26, 1985 be included relating to SB 1091. The statement which he re- quested was: Councilman Bruesch stated that he felt that without SB 1091,non-tax cities did not have an incentive to develop. He added that if all the property value raised went into the County it would actually be a disincentive to development in the cities. He felt that this was a valid point in support of SB 1091, and should be included in the minutes. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that the Minutes of February 26, 1985, March 12, 1985, March 19, 1985 and March 26, 1985 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Harold James, 9211 Marshall Street, sp ordinance recently adopted by the Council which on the front yard areas. He felt that it was a civil rights. Mayor Taylor stated that the ordinance was normal manner and was for the betterment of the Dke against the prohibits parking violation of his adopted in the entire city. B. Glenn Reeder, 3413 N. Earle Avenue, invited the City Council to the 12th Annual Community Prayer Breakfast on April 27, 1985 at 8:30 a. m. at the Community Center. Mr. Reeder requested authorization to hang banners adver- tising the Prayer Breakfast on Garvey and Valley Boulevards. Mayor Taylor stated that he could see no problem with that request. Mr. Reeder stated that he would submit an application in sufficient time to have this done. C. Daniel Manriquez, 626 N. Bushnell, Alhambra, expressed his appreciation to the Council for the interest taken regarding the incident that transpired on March 19th, and he wanted to clarify one point and that was that although he was not sure if anyone else was guilty or innocent, but he was sure that his rights had been violated. Adj. CM 4-8-85 Page #1 D. Herman Sillas, Legal Counsel for Falcon, 617 South Olive, Los Angeles, commented on the written statement of Councilman Bruesch in the Minutes of the February 26, 1985 Council Meeting. He stated that Councilman Bruesch was to make a clarification on his comments of that date, and asked that he may be allowed to reserve his comments after that takes place. Councilman Bruesch stated that the minutes from Mr. Kelley of D.P. was to have been in the newspapers; him that he also have that reply re San Gabriel Sun Independent 1131 E. Las Tunas Drive San Gabriel, Calif. 91776 there was a letter read into Communications and his reply however, it was suggested to ad into the minutes. March 7, 1985 Dear Sirs: In your March 6 edition of the Rosemead Independent, Mr. Butch Kelley of D.P. Communications, took umbrage with a statement that I recently made in front of a public meeting in the City Hall of Rosemead. He asked me to recind the statement as erroneous so that I might "re- establish (my) credibility." I wish to enlighten Mr. Kelley as to the exact contents of my statement. First, there is a common ground on which we agree. The sorts of contributions to which he refers and of which I spoke are legal. I said that in my statement. Whether they are "moral", an ambiguous term at the least, or, as I referred to them, "ethical" is a matter of opinion. I realize that big money is the mother's milk of poli- tics and it is common practice for businesses seeking favors in municipalities to donate to campaigns so that they might gain".... name identification and good will." (Mr. Kelley's words) That it is common practice doesn't mean that I must agree with it. I will steadfastly support the value of ideas and ideals over the power of the purse strings when I deal with local political decisions. It's a matter of perspective, Mr. Kelley, but I have nothing to gain materially from my point of view. Secondly, I must respond to the charges that I erroneously connected D.P. Communications with Falcon Cable when there was no apparent association of the two companies. I based my comments not on heresay, but on actual telephone conversations with D.P. Communications staff. When asked if their company laid cable for any other company in the Western San Gabriel Valley, their reply, not.once but twice, was "No, only Falcon." When asked if they had laid cables for other com- panies in the area, again the reply was, "Not for some years." When Falcon was asked at a public meeting who their cable laying contractors were, they did not mention D.P. Communications until asked specifically during the last Council meeting what their con- nection to the Company was. Tell me, Mr. Kelley, what other sort of impression could one get from these sorts of responses? Mr. Kelley termed my statement as "maliciou$'' and "negligent". The dictionary defines "malicious" as "...designed to do injury..." and "negligent" as inattentive or ignoring facts...." No, Mr. Kelly, my statement was not meant to injure or harm anyone. It was merely a statement of my personal philosophy about the power of money in politics and it was carefully based on the set of facts I.assiduously obtained through investigation.- I felt then as I do now that donations such as yours, with your connections with certain companies seeking franchises in municipalities should.be, at least, limited if not prohibited. If I am not allowed to speak freely of my convictions without castigation, then why have public forums? I will argue points of philosophy with you but 'I will not engage in petty name calling. I respect your right to express your political convictions in the way you so desire - please respect mine. Thank you. Respectfully, Robert W. Bruesch, Councilman City of Rosemead Adj.CM 4-8-85 Page #2 0 • Councilman Bruesch stated that in addition to reading of this letter into the minutes, I would like to clarify three points from my original statement that have been misconstrued. This is Councilman Bruesch's clarification: First, my use of the word "subsidiary" in dealing with D.P. Communications' relationship with Falcon Cable was not meant to imply ownership of one by the other. Rather, it was meant to con- vey a more generic meaning - that of close co-operation, an acting together in an auxilary capacity. Second, by Mr. Kelley's own admission, the contributions were certainly funds from his company's own account. Though Falcon Cable had prior knowledge of the donations, the money was not, as has been intimated, "Falcon money". Finally, I would like to quote my original statement that Rosemead has fine public servants serving them and their decisions should not be swayed by ....[such donations]." I reiterate that my complaint is with those who attempt to peddle influence through my pocketbook, as Mr. Kelley has admitted he did. Trying to deflect the blame for these. actions smacks of hypocracy. I will say it again - these sorts of contributions ARE legal but I, for one, will NEVER agree that they are completely ethical. Councilman Bruesch stated that he was hoping with these statements that the more important task of establishing of a Cable program can be continued on with. Mr. Herman Sillas expressed his appreciation to Councilman Bruesch on behalf of his client, Falcon Cable, for his clarifi- cation which has cleared the air regarding reputation, and agreed that the City of Rosemead has fine public servants. Joe Wolff, 526 Rimpaugh Blvd., L. A. stated that he was a lawyer who is representing D.P. Communications, Inc., commented the D.P. Communications had been.incorporated in 1982 and it is engaged in the service of laying cable and has done work in Southern California and elsewhere. He stated that this corpora- tion has no legal connection whatsoever with Falcon. It deals with Falcon at arms length and has an awareness and a civic duty to this community. Some of the employees of D.P. Communications live in the City of Rosemead, and hope to be of service to it. E. Victoria Reva, teacher of Duff School, introduced the representative of the Duff Student Council, Jenny Morales, and she invited the Councilmembers to Farm Day at Duff Elementary School on Friday April 25, 1985 from 9:00 a. m. to noon at which time there would be a luncheon provided. Mayor Taylor thanked her for the.invitation. III. LEGISLATIVE A. RESOLUTION NO. 85-13 - CLAIMS & DEMANDS RESOLUTION NO. 85-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $213,420.84 NUMBERED 9343-9360/13682 THROUGH 13798 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 85-13 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Tury requested a copy of the backup to Warrant No. 13794. Adj. CM 4-8-85 Page #3 B. RESOLUTION NO. 85-14 - MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE COMPLETION OF GARVEY AVENUE UNDERGROUNDING PROJECT RESOLUTION NO. 85-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY SUPPLEMENTAL FUNDING OF UNDER- GROUNDING OF UTILITIES ON GARVEY AVENUE MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 85-14 be adopted. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Tury NAYES: Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Mayor Taylor stated that he was in favor of the project, but he was opposed to the different billing that was used in.the first project and he felt that it should have been treated equally as in the first project. C. RESOLUTION NO. 85-15 - WITHDRAWAL FROM REGIONAL LAW ENFORCEMENT SERVICES RESOLUTION NO. 85-15 A RESOLUTION OF THE CITY OF ROSEMEAD NOTIFYING THE LOS ANGELES COUNTY SHERIFF AND CITIES OF BRADBURY, DUARTE AND SOUTH EL MONTE OF THE CITY COUNCIL'S INTENTION TO WITHDRAW FROM THE REGIONAL LAW ENFORCEMENT SERVICES AGREEMENT MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 85-15 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-C & CC-E deferred) CC-A AUTHORIZATION TO ATTEND LEGISLATIVE SEMINAR ON LOCAL 'GOVERNMENT FINANCING IN SACRAMENTO, MAY 2, 1985 CC-B AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BRIEFING IN SACRAMENTO, APRILI2, 1985 CC-D ACCEPTANCE OF ROAD DEEDS AND PERMITS TO ENTER - PINE ST. CC-F AUTHORIZATION TO ATTEND CITY ATTORNEYS CONFERENCE IN MONTEREY, MAY 1-3, 1985 CC-G RED CURB INSTALLATION AT 9300 VALLEY BLVD. CC-H RED CURB INSTALLATION AT STEVENS AVENUE S/O HELLMAN CC-I AUTHORIZATION TO IMPLEMENT THE CITY WIDE SIGNAL TIMING PROJECT MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND 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. Mayor Taylor requested that Robert Kress, City Attorney, bring back some of the information which will be presented at the City Attorneys Conference. Robert Kress stated that he would be happy to do that. Adj.CM 4-8-85 Page #4 L\ 0 CC-C INSTALLATION OF CHAIN LINK FENCE AT ZAPOPAN PARK Councilman Bruesch requested that the increased patrols be continued at least into the near future to kind of protect the investment of extra dollars being put into that area. Mayor Taylor stated that he did not have a problem with the chain link fence at Park Street since residents have com- plained about the problem; however, one of the residents who lives on Whitmore Street had stated that they did not want their street closed off. The reason being that many people use that access, and the residents on Whitmore have not had a problem. Councilman Tury suggested that a gate be placed in there, and at night the gate could be locked if a problem arises. Mayor Taylor stated that he had no problem with the gate being placed along with the fence on Whitmore Street and felt that it would be a practical solution, and he added that there was no need for a gate on Park Street. MOTION BY COUNCILMAN•BRUESCH, SECONDED BY COUNCILMAN TURY that two chain link fences be installed at Zapopan Park at the cost of $2500, and the one on Whitmore have a gate included. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-E RENEWAL OF SIGNAL MAINTENANCE CONTRACT Councilman Tury stated that he felt that this was a very substantial increase that is being requested by Signal Main- tenance, Inc., and he questioned the 12% increase. Councilman Bruesch stated that a letter dated January 29, 1985 states that their liability insurance has increased from $72,000 to $150,000, and their self-insurance retention has gone from $2,500 to $25,000 per occurrence. Councilman Tury stated that this company has done a good job for the City and he would have no problem with approving the renewal of the Signal Maintenance Contract for one year, and maybe next year when this contract comes up,there will be more in depth information available as to the costs. Mayor Taylor inquired what the total cost of the Contract would be annually for the City of Rosemead. Tim Kerr, Administrative Assistant stated that it was budgeted for a little over $22,000 this year, with an in- crease of approximately $3000. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the renewal of Signal Maintenance Contract be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Councilman Imperial requested that the City Council Meeting be adjourned in memory of Robert Ritchie, Planning Com- missioner of the City of Rosemead for almost ten years, who passed away on Easter, April 7, 1985. VII. ORAL COMMUNICATIONS A. Bonnie Culbertson, Manager of the Rosemead, Chamber of Commerce, announced that six members of the Chamber, along with Tim Kerr, went to Sacramento today to.lobby for SB 1091, and a committment was received from the State Chamber of Commerce who said that they would support the SB 1091. Adj.CM 4-8-85 Page #5 Bonnie Culbertson also stated that the International Committee is still meeting and growing, and the concensus of opinion is that there is no problem with a minimum of 50% in English sign, and added that their intention is to contact enough people in order to volunta t rily regulate that type of sign. Mayor Taylor inquired how the people contacted felt about the adoption of an Ordinance to be on the books for clarification. Mrs. Culbertson stated that they were hoping that the Council won't have to adopt an ordinance. The committee is hoping to reach out to enough people in the community that the concensus will be that the minimum of 50% in English will be something that they can all live with. Councilman Tury stated that he hoped that the Chamber is . working with the entire business community and not just oriental businesses. Mrs. Culbertson stated that all different nationalities are involved. Councilman Bruesch commended the Chamber for establishing this networking. He felt that these people will be made to feel more comfortable and in turn will be more willing to be coopera- tive. He expressed his appreciation to the Chamber's efforts. Mrs. Culbertson also commented on the Commercial Rehabili tation Committee with a business owner on Garvey stating that. he would remodel an eyesore. She stated that the only thing that was holding up the next meeting was trying to get property owners addresses. Councilman Tury stated that one of the major problems with this City or most any.other City, is the absentee landlord who cares less about the City. Councilman Imperial stated that on the on businesses, there should be something in gested that after imput from the Chamber is doesn't resolve some of the Council's anxie Election should be.held. He felt that this enough to consider that action.and then let community make their own determination. VI. EXECUTIVE SESSION subject of the signs writing. He sug- available, and if it ties, then an Advisory item was important the people in this The City Council recessed to a closed session. The City Council reconvened from the closed session. The City Attorney stated that the City Council authorized that an offer be made for the acquisition of property at 2759 Del Mar. There being no further business to handle the City Council Meeting was adjourned in memory of Robert Ritchie, Planning Commissioner, to the adjourned meeting of April 16, 1985 at 8:00 p. M. Respectfully submitted: City lerk Adj.CM 4-8-85 Page #6