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CC - 02-14-84APPROVED CITY OF PGSEE ;gEEAD DATE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL FEBRUARY 14, 1984 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:05 p. m., in the Council Chambers of City Hall,_8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tem Taylor. The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Imperial, Taylor, Tury and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JANUARY 24, 1984 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the January 24, 1984 Council Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: FEBRUARY 7, 1984 - ADJOURNED MEETING Councilman Taylor requested that two corrections be made. One on page 9, second paragraph from the bottom, referring to the statement made by the Clerk. He requested that sentence be ended at the word "19 (i)", and the rest be deleted. Second correction requested was on page 12. He stated that there were three lines missing at the beginning of Mr. Andrews statement. He requested that the minutes be deferred to the next meeting so that those corrections can be made and included in the minutes. There being no objection, it was so ordered. III. LEGISLATIVE ORDINANCE NO. 563 - RELATING TO COLLECTION OF RUBBISH REMOVAL CHARGES Councilman Tury inquired if all property owners would be notified that they would be ultimately liable for the payment of the trash collection? Robert Kress, City Attorney, stated that the property owners would be notified of the change in the law if the Council choses to adopt this Ordinance. He stated that current address labels of the owners of property within the City can be purchased from the County Recorders Office. Basically, the property owner is ultimately liable for the trash collection charges on his pro- perty, however, this doesn't mean that Modern Service will be bill- ing the property owners instead of the occupant. This Ordinance changes the ultimate liability from the City to the property owner. Councilman Tury stated that his concern was that the City does not put a lien on somebody's property because of someone else's bill. He also questioned the first paragraph on page 2. He could not see any use of the 10% penalty since the rates are being frozen to $5.24 and that would be 52 cents and the $2.00 charge would be used. He felt 10% should be eliminated from the ordinance in section (a). Councilman Taylor stated that he had no problem with striking the 10% from subparagraph (a) and make it a flat $2.00. Councilman Tury stated that the very first sentence of page 3, needed clarification regarding what costs would be in- curred by the City and payable by the City to the Contractor. CM 2-14-84 Page H1 0 Robert Kress, City Attorney, stated that there may be a typographical error, and requested to time to study it. Councilman Taylor commented on the subparagraph (f) on page 3 and inquired how does the City determine the actual cost to the City. This was in reference to the statement that the Contractor would be paid by the City the amount actually recovered less 10%. Robert Kress, City Attorney, stated that Modern is required by the terms of the agreement to essentially administer the lien program. They are required to notify the occupant a number of times and then the property owner. Still failing to receive pay- ment they notify the City Manager and provide letters of intention to impose a lien on the property. Those letters are to be provided by Modern Service postage pre-paid so that the City's real admini- strative cost there is to simply make sure that those addresses are in the City. There will be a public hearing and there are some tangible costs in holding such a thing, and that is what the 10% is to cover. The charge of $7 for the release of that lien might be advanced by the City and chargable as a cost of collection. Frank G. Tripepi, City Manager, stated that.the $7 fee to re- lease the lien is charged only if it is not removed when the tax payment is paid. The charge is not made to file the lien only to remove it. Councilman Taylor stated that there should be a flat fee for a handling charge because all the work to be done cannot be done for the $2.00 being charged. Councilman Tury inquired if the Attorney had enough time to check the first sentence in (e) of the Ordinance. Robert Kress, City-Attorney, stated that there does seem to be an error and he requested that this item be deferred to the end of the meeting by which time he would have it corrected and ready for introduction. There being no objection, it was so ordered. B. RESOLUTION NO. 84-11- CLAIMS & DEMANDS Councilman Taylor inquired about Warrant No. 8493 made payable to L. A. County for Ambulance Service. He stated that he thought the court case had decided that the City did not have'.:to pay the ambulance'fees. Frank G. Tripepi, City Manager, stated that negotiation is taking place to decide how far back the County will go to repay these amounts. He recommended that the Resolution be adopted less that check and he would check with Mr. Voigt of Contract Cities. The following Resolution was presented for adoption: RESOLUTION NO. 84-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $246,936.72 NUMBERED 8807-8832/8454 THROUGH 8563, EXCEPT FOR #8493 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Resolution No. 84-11 be adopted as amended. Vote resulted: UPON.ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried.and so ordered. CM 2-14-84 Page k2 IV. CONSENT CALENDAR(CC-C,CC-D,CC-E,CC-G & CC-H Deferred) CC-A RESTRIPING SAN GABRIEL BLVD. E/0 WALNUT GROVE AVENUE CC-B 1980 PARK BOND ACT AMENDMENT CC-F AWARD OF CONTRACT--HANDYMAN 10TH BID PACKAGE CC-I CLAIM AGAINST CITY ON BEHALF OF PATTIE REEDER MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY 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. CC-C SANITARY SEWER FOR EMERSON PLACE--APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS Councilman Tury stated that there was a cut made in that section of Emerson and it was not a very good cut. He requested that this be held over and look into the possibility of putting a cap on that after the work is done. Councilman Taylor stated that he had no objection to resur- facing that street. He wanted to know what other sewers are con- nected to the Emerson main line, as far as north and south. Tom Howard, Assistant City Engineer, that sewer is to serve a relief sewer to the existing sewers on Del Mar Avenue, and the reason this is being done now is to get it out of the way for the Del Mar Project. Mayor Cleveland inquired if there was any objection to holding over CC-C to the next Council Meeting. There being no objection, it was so ordered. CC-D WHITMORE STREET IMPROVEMENT PROJECT CC-E NEWMARK AVENUE STREET IMPROVEMENT PROJECT Councilman Tury reasserted that the City Council should have a study session on policy where the billing of property owners who demand payment of the right of way from the City, and stated that he would not vote on any more unless the assessment.policy is re- solved. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Items CC-D and CC-E be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-G AWARD OF CONTRACT TO OAKRIDGE DEVELOPMENT CC-H APPROVAL OF SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR LOW INTEREST LOANS FOR HOME REPAIRS Councilman Taylor he stated that he has no objection of the owners of these properties, however, his objections are primarily against the money that must be deposited up-front for these loans, and that he intends to vote "no" on these projects. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Items CC-G and CC-H be approved. Vote resulted: AYES: Councilmen Cichy, Tury, Imperial, and Mayor Cleveland NAYES: Councilman Taylor ABSENT: Norte ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 2-14-84 Page #3 0 V. MATTERS FOR DISCUSSION & ACTION A. RESIDENCY REQUIREMENT FOR CITY COUNCIL. Councilman,Taylor had requested that this item be placed on the Agenda so that there could be a clarification of what could be put in the City's Municipal Code. He requested that Section §36502 be inserted in the Municipal Code in the 2100 Section:. He felt that this matter requires some implementation of State Law. He stated that he realized that this was not a mandated item, and since he was not altering the the Government Code, he could see no reason why it coIuld not be placed in the Municipal Code for clarity. Councilman Taylor requested that the portion in §36502 which refers to the Ciity Clerk or the City Treasurer be deleted from the section since they are not elected officers in the City of Rosemead. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that §36502 be added to the Municipal Code with the deletion of the words "CitylClerk or the City Treasurer". Vote resulted: UPON ROLL CALL.ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. FERN SCHOOL COMPLEX Frank G. Tripepi, City Manager, stated that this item should be deferred to t;he next regular meeting. There being no objection, it was so ordered. VI. MATTERS FROM OFFICIALS A. Councilman Cichy stated that Mr. Gene Boyd was in the audience and possibly he might have an announcement to make re- garding the Golf, Tournament. Mr. Gene Boyd stated that the Chamber of Commerce with the cooperation of.the City is putting on a Golf Tournament on May 31, 1984 and he invited all the City Councilmembers to play golf and all their aids to help with the work on this tournament which will be held atlthe California Country Club. Mayor Cleveland recessed the Council Meeting so that the Attorney could make the corrections on the Ordinance relating to the collection of rubbish removal charges. The City Council recessed. The City Council reconvened. ORDINANCE NO. 563- RELATING TO COLLECTION OF RUBBISH REMOVAL CHARGES Frank G. Tripepi, City Manager, stated that in subsection (e) the first sentence be deleted, and recommended that the Council bifurcate the motion, first to waive further reading and then to introduce Ordinance 11563. ORDINANCE NO. 563 AN ORDINANCE OF THE-CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO THE COLLECTION OF RUBBISH REMOVAL CHARGES MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that further readinglbe waived on Ordinance No. 563. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 563 be introduced on its first reading. Vote resulted: AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None 2-14-84 Whereupon the Mayor declared said motion duly carried and page #4 so ordered. I B. Councilman.Taylor complimented the City Attorney on his presentation of Ithe Modern Service Contract, the existing Contract, the revised Contract which was put.down section by section. C. Councilman Taylor inquired when the final copy of the corrected Rubbish Contract would be available. Robert Kress, City.Attorney, stated that he thought it would be available tomorrow. D. Counc' He directed the in a Motorcycle information and the Council has lman Taylor stated that he needed some information. City Manager to contact a person that was involved accident in August,1983 and ask for the medical treatment.following that incident. He stated that not received information with the particulars. CouncilmanlTury stated that it was his understanding that there would be a'whole run-down on the whole.incident. In. short of contacting the person who was involved in it, the Sheriff's should be given the opportunity to give us all the information that they have at their disposal by the next meeting. Councilman I Taylor stated that he did intend on requesting that information at the next meeting. Frank G. Tripepi, City Manager, stated that he understood that the direction from the Council was that if the information requested is not available at the next meeting, then he would try to gather that information. Councilman Imperial inquired what the City's liability position would be in contacting this individual? Frank G. Tripepi 'stated that he would check with the City At- torney prior to going out on information gathering. E. Councilman Taylor requested an up-date on the Del Mar Construction scliedule. Frank G. Tripepi, City Manager, stated that he would have a status report available at the next meeting. F. Councilman Taylor inquired if the City's Newsletter would be published before or after the Municipal Election. Mayor Cleveland stated that the next Newsletter would be pub- lished after the election. G. Councilman Taylor stated that he received a complaint regarding a party that lasted until 2:00 a.m. on Olney and Earle, and they go on monthly and has been going on for 7 years. He re- quested that the City.Manager check back about three weeks ago and see what complaints had been made. CouncilmanlCichy requested that the.City Council Meeting be adjourned in honor of Golda.Lynn who is very ill and possibly send a letter from the Council over the Mayor's signature. The Council Meeting was adjourned in honor of Golda Lynn to the regular Meeting of February 28, 1984 at 8:00 p. m. Respectfully submitted: City Clerk APPROVED: CM 2-14-84 Page k5