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CC - 12-27-83l 0 AP'PROVED' CITY OF ROSEME;AD " DATE /-/O-~~ eed~i_~ MINUTES OF THE REGULAR MEETING BY ROSEMEAD CITY COUNCIL DECEMBER 27, 1983 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 Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Imperial. The Invocation was delivered by Rev. Tom Phillips. ROLL CALL OF OFFICERS: Present: Councilmen Imperial, Taylor, Tury & Mayor Cleveland Absent: Councilman Cichy APPROVAL OF MINUTES: DECEMBER 13, 1983 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the December 13, 1983 Council Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. ORDINANCE NO. 562 - AMENDING MUNICIPAL CODE RELATING TO SALES & USE TAXES Councilman Taylor inquired what the purpose of this item was. Robert Kress, City Attorney, stated that the Bradley Burns Ordinance in each City has to be the same in order for the Board of Equalization to collect the Sales Tax on behalf of the City. This action was required to take place prior to January 1, 1984. Frank Tripepi, City Manager, stated that during his conversa- tion with Board of Equalization staff, he was told that there are Cities that do have waterborne vehicles and basically if Rosemead's ordinance is not amend to coincide with all cities, they would not pay on the Bradley-Burns Sales Tax allocation. Councilman Tury commented that the major portion of the or- dinance is relating to aircraft and inquired if the one paragraph regarding waterborne vehicles is the only change. Robert Kress stated that he believed that was the only change, and that this Ordinance was fashioned around the model which was sent to them by the State Board of Equalization. The.following Ordinance No. 562 was presented for adoption: ORDINANCE NO. 562 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING CHAPTER I OF ARTICLE VI OF THE ROSEMEAD MUNICIPAL CODE RELATING TO SALES AND USE TAXES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Ordinance No. 562 be adopted. Vote resulted: AYES: Councilmen'Imperial, Turyand Mayor Cleveland NAYES: None ABSENT: Councilman Cichy ABSTAIN: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. CM 12-27-83 Page N1 / B. RESOLUTION NO. 83-59 - REQUESTING BOARD OF SUPERVISORS TO RENDER SPECIFIC SERVICES FOR APRIL 10, 1984 ELECTION The following Resolution No. 83-59 was presented for adoption: RESOLUTION NO. 83-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-59 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 83-60 - ADOPTING REGULATIONS FOR CANDIDATES AND CANDIDATES STATEMENT FOR GENERAL MUNICIPAL ELECTION The following Resolution No. 83-60 was presented for adoption: RESOLUTION NO. 83-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 83-60 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 83-61 - PROVIDING CONDUCT OF RUN-OFF ELECTION IN EVENT OF TIE VOTE AT ANY MUNICIPAL ELECTION The following Resolution No. 83-61 was presented for adoption: RESOLUTION NO. 83-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 83-61 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 83-62 - CLAIMS & DEMANDS The following Resolution No. 83-62 was presented for adoption: RESOLUTION NO. 83-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $277,354.52 NUMBERED 8762-8774 & 8199 THROUGH 8284 EXCEPT VOIDED WARRANT NUMBER 8262. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-62 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 12-27-83 Page #2 0 . 0 IV. CONSENT CALENDAR (CC-B, CC-D, CC-G, CC-K, & CC-L Deferred) CC-A ACCEPTANCE OF ROAD DEEDS, PERMIT TO ENTER, RIGHT OF WAY AGREEMENTS FOR NEWMARK STREET IMPROVEMENT PROJECT CC-C ACCEPTANCE OF ROAD DEEDS, PERMIT TO ENTER, RIGHT OF WAY AGREEMENTS FOR WHITMORE STREET IMPROVEMENT PROJECT CC-E AWARD OF LANDSCAPE BID CC-F ACCEPTANCE OF HELLMAN AVENUE PHASE I (SAN GABRIEL/DEL MAR) CC-H APPROVAL OF PLANS & SPECIFICATIONS FOR GRAND AVENUE CC-I INTERIOR CITY HALL PLANTS CC-J AWARD OF CONTRACT FOR WHITMORE (ROSEMEAD PLACE/SULLIVAN) MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL 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-B ACCEPTANCE OF ROAD DEEDS, PERMIT TO ENTER, RIGHT OF WAY AGREEMENTS FOR STRATHMORE AVENUE STREET IMPROVEMENT PROJECT Councilman Tury requested additional back-up material on this firm,since it is a three inch piece of land which was assessed for $10 and U. S. Engineering Company is charging $250. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that the Road Deed, permit to enter, right of way agreement ''.for the Strathmore Avenue Street Improvement Project be accepted, and information regarding the U.S. Engineering Company. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-D ROSEMEAD BOULEVARD BEAUTIFICATION PROJECT Councilman Taylor expressed his reservation regarding the expense of this project, and stated that he intended to vote "no" on it. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Rosemead Boulevard Beautification Project be approved. Vote resulted: AYES: Councilmen Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: Councilman Cichy ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CC-G AWARD OF BID TO LOW BIDDER FOR HOME IMPROVEMENT PROGRAM Councilman Taylor stated that he has expressed his opposition to this particular funding with no criticism of any individual re- sident. MOTION BY COUNCILMAN TURY, SECONDED BY MAYOR CLEVELAND that the low bidder, Earl Cassels, be awarded the bid for the home improvement program at 3816 Rosemead Boulevard. Vote re- sulted: AYES: Councilmen Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: Councilman Cichy ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that even though he was against the source of the funding, he was for the program and the low bid. CM 12-27-83 Page y3 0 CC-K APPROVAL OF MINORITY BUSINESS ENTERPRISE PROGRAM UP DATE Councilman Tury stated that there are certain portions of this program that he objects to, and does not think all portions are fair. MOTION BY COUNCILMAN TURY, SECONDED BY,COUNCILMAN IMPERIAL that the Minority Business Enterprise Program update be approved. Vote resulted: AYES: Councilman Imperial and Mayor Cleveland NAYES: Councilmen Taylor and Tury ABSENT: Councilman Cichy ABSTAIN: None Whereupon the Mayor stated that this motion did not pass. Councilman Tury stated that since he'voted;"no" as a protest vote, he would make the motion again to approve the program. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Minority Business Enterprise Program up date be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Tury stated that his "yes" vote on the program does not endorse all the sections of the program. CC-L APPROVAL OF PLANS & SPECIFICATIONS FOR DELTA & WELLS STREET AND DRAINAGE IMPROVEMENTS AND AUTHORIZATION TO SEEK BIDS Councilman Taylor inquired if an environmental assessment had been done on this project and what results had been obtained as far as the discharge of the water and the chemicals in the flood control system. Tom Howard, Deputy City Engineer, stated that the materials discharged have never been analyzed. Councilman Taylor stated that he could not vote for this pro- ject knowing that no one has checked it. This item was deferred to the next meeting for additional information regarding the discharge of water and chemicals. V.. MATTERS FOR DISCUSSION & ACTION A. Councilman Tury stated that at the last Council Meeting Councilman Taylor had requested some information regarding assess- ments on street improvement projects, and a memorandum~.had been presented to the Council. He felt that possibly the inflation in property values and the slow rise in the cost of construction of street improvements has reversed what has in the past been a good policy, and for that reason, he felt that a Study Session should be set as soon as possible to review the City's policies. Mayor Cleveland requested that the City Manager set an appro- priate time for this Study Session. VI. MATTERS FROM OFFICIALS A. DIRECTLY ELECTED MAYOR Councilman Taylor requested copies of Resolutions from the various cities who do have Elected Mayors and questioned why.they had not been presented at this meeting. Frank G. Tripepi, City Manager, stated that the item had been placed on the Agenda for discussion because the information had previously been given to the Council. CM 12-27-83 Page H4 l 0 Councilman Taylor stated had inquired why the Mayor was told them it was the Council's that it did not matter to him, dents could express themselves LJ that while he was Mayor many residents not an elected office, and he had prerogative. Although, he stated it was one more way that the resi- on what they would rather have. Councilman Tury stated that he did not have,any number of people asking that question. He felt that sometimes people get the wrong impression of what the Mayor really is. There is no difference in being a Councilman or Mayor. There is no Veto power. The Mayor runs the Meetings and represents the City at various public functions, and that is about the only difference between being a Mayor and a Council- man. He felt that unless there is some reason for making the change, what the City has now is working well. He felt that there would be a more confrontation type situation, and the Mayor might assume some type of power that is not real. He would be willing to consider it and if enough people show an interest in it, then they can vote for it. Councilman Taylor requested that the City Council be given that.information by the next Meeting so that there would be ade- quate time,if desired, to take action on it. He inquired of the Clerk if there-would be enough time to get it on the ballot for the April 10th Election.- . The City Clerk stated that the deadline for Resolutions was January 5th, however, Martin & Chapman had stated that they would make an exeption if the appropriate Resolutions were adopted by the January 10th Council Meeting. The Measure to be placed on the ballot would ask: Would the voter want an Elected Mayor, yes or no, and if so for a term of Two Years, yes or.no, or for a term of Four Years, yes or no. Ifthe voters should decide they wanted an Elected Mayor on April 10th, 1984, the Election of that Mayor's seat would not take place until the April, 1986 Election. Councilman.Taylor stated an Advisory vote could be taken and then after getting the feeling of the people then the Council could make their decision. Robert Kress, City Attorney, stated that the Government Code provides that the measure be submitted to the voters, and is not advisory. An advisory vote may be taken, however, the City would have to have another election at which time a mandatory vote is required for this issue. Councilman Imperial felt that there should be a thorough study of the pros and cons of this subject and the consideration of an Elected Mayor required more information and discussion. This item was deferred to the next meeting for further information. B. Councilman Tury wished everyone a Happy New Year. C. Councilman Taylor requested additional information regarding the relicensing of Hydro-Electric Facilities and the Municipal preference referred to in the Federal Power Act. He requested that the City Manager contact the two cities in ques- tion, Vernon and June Lake, and ask for information. D. Councilman Taylor requested four copies of the Minutes pertaining to the Naugles Incident and the Marshall Incident in- volving the Sheriff's Department. E. Robert Kress, City Attorney, wished everyone a Happy New Year. F. Frank G. Tripepi, City Manager, stated on behalf of all the staff, expressed appreciation to the Council for the Employee recognition dinner and wished them a very prosperous New Year. CM 12-27-83 Page N5 0 C~ G. Councilman Taylor asked the City Manager if he had gotten any further information from the Sheriff's Department or the District Attorney in the last two weeks. Frank G. Tripepi, City Manager, stated that he had not as yet, however, he planned on establishing a meeting with the Dis- trict Attorney, Mr. Philabosian and the Under Sheriff;'Bob Edmonds.. Councilman Taylor requested that the questions and answers be documented in the minutes. H. Hugh Foutz, City Treasurer, commented on his visit to Zapopan, Rosemead's Sister City. He stated that the voices of Chapala will be entertaining this community on January 6th at Rosemead High School and their will be a donation of $3 requested for attendance. He invited all to support this wonderful event. Hugh Foutz, also, commented on his retirement from the Naval Reserve which will be held at the Submarine Base in San Diego on the 14th of January, and a party will be held for him at that time. He has 39 years in the Navy Reserve, and he stated that it has been interesting and if he had it to do over again, he would do it. He invited all those who wish to attend the Retirement Ceremony to do so. There being no further business to handle the Council Meeting was adjourned to January 10, 1984 at 8:00 p. m. Respectfully submitted: City Clerk of t e City of Rosemead APPROVED: MAYOR CM 12-27-83 Page #6