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CC - 07-26-83• MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JULY 26, 1983 AT 8:00 P.M. APPROVE? CITY OC ROSE AD DA1'F . T:Y The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:00 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: Councilmembers Cichy, Imperial, Taylor, Tury and Chairman Cleveland. Absent: None APPROVAL OF MINUTES: July 12, 1983 - Regular Meeting Councilman Taylor requested that the Minutes of the July 12th Council Meeting be deferred to the next meeting and that the Item V-A.regarding the Modern Service Proposal/Counter- proposal be verbatim. There being no objection, it was so ordered. III. LEGISLATIVE A. RESOLUTION NO. 83-31(82/83) CLAIMS & DEMANDS RESOLUTION NO. 83-31 A RESOLUTIM OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $229,591.92 NUMBERED 8613/8636-8640 & 7062 THROUGH 7125 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No.83-31 be adopted. Vote resulted: UPON ROLL CALL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 83-32 (83/84) CLAIMS & DEMANDS RESOLUTION::NO. 83-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $108,761.88 NUMBERED 8624-8635, 8641-8642 & 7148 THROUGH 7209 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 83-32 be adopted. Vote resulted: IV. CONSENT CALENDAR (CC-A, CC-D, & CC-I deferred) CC-B AUTHORIZATION TO ATTEND WE TIP ANNUAL CONVENTION, JULY 29-31, 1983 IN ANAHEIM CC-C ACCEPTANCE OF APPRAISAL FOR NEWMARK(FALLING LEAF/ DENTON) AND WHITMORE(WESTERLY CITY LIMIT/JACKSON) CC-E AUTHORIZATION REQUESTED TO ATTEND ICMA CONFERENCE IN KANSAS CITY, MISSOURI FROM OCTOBER 9-13, 1983 CC-F APPROVAL OF SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR HOME HANDYMAN PROJECT 118 CC-G APPROVAL OF STORM DRAIN EASEMENT S/0 RUSH & W/O WALNUT GROVE CC-H RED CURB INSTALLATION/LOWER AZUSA ROAD AT DARLOW CM 7-26-83 Page #1 CC-J DISPOSAL OF COPIER CC-K AUTHORIZATION FOR VACATION REQUESTED BY CITY CLERK 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-A EXECUTION OF ESCROW AGREEMENT BETWEEN FOUR SIMON, INC. AND THE CITY OF ROSEMEAD Councilman Tury inquired if.this is the first time this type of request has been made. Robert Kress, City Attorney, stated that it was the first time this was done, and that it is mandated by State Law that the City has some proceedure for this kind of escrow. Councilman Tury inquired if this would make the money as available as a retention. Robert Kress stated that he felt that it would provide ade- quate protection for the City. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR that the excrow agreement between Four Simon, Inc., and the City of Rosemead be executed. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-D APPROVAL OF COMMERCIAL REVITALIZATION PROPOSAL/ARROYO MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Commercial Revitalization Proposal by the Arroyo Group be approved. Vote resulted: AYES: Councilman Cichy, Tury and Mayor Cleveland NAYES: Councilman Taylor and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested a report back on the total over- all cost of this particular study and inquired if this would com- plete the study. Councilman Imperial requested that the record show that his "no" vote was not because he was not in agreement with it, but he has some concern about procedures as outlined. Councilman Tury stated that if the City is going to have the updating, there is a need to have something to work with. The Arroyo Group's original rehabilitation study was basically aimed at providing information as to what the potential was, however, this is more of an implementation of a general up-grade. He felt that it was important to have some design standards and important that the City moves forward with the rehabilitation of the business districts. CC-I ACCEPTANCE OF NEGATIVE DECLARATION OF RIVER/STINGLE/ FERN STREET IMPROVEMENT PROJECT Councilman Taylor inquired if there was a tentative estimate of the cost of the improvement would be on Stingle and River. Tom Howard, Assistant City Engineer, stated that it was around $200,000 which includes the storm drain and the resur- facing of Stingle from Fern to Garvey and the completion of Fern from River to Stingle. Councilman Taylor felt that this was quite an expense and questioned the real benefit from it, and that it was originally a drainage problem. CM 7-26-83 Page #2 • Tom Howard stated that the storm drain is the largest por- tion of the cost. He commented that the reason that this Negative Declaration was presented to the Council at this time was because the County of Los Angeles,in granting an easement for the Storm Drain, is requesting.a copy of the Negative Declaration. Councilman Taylor stated that if the Negative Declaration was accepted as far as the EIR, he would still like a cost of the project. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Negative Declaration of River/Stingle/Fern Street Im- provement project be accepted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. WAIVER OF FEES REQUESTED BY FERN ELEMENTARY PTA/CARNIVAL Robbie Nutt, Fern School PTA President, requested a refund of the processing fees associated with the carnival conducted from July 14 through July 17, 1983 which amounted to a total of $252.50. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR. that*the City waive the fees and that the $252.50 be refunded to the Fern Elementary School PTA. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. FACILITY USE REQUESTED BY ROSEMEAD FOURSQUARE CHURCH FOR CHRISTIAN CONCERT, ROSEMEAD PARK, SEPTEMBER 5, 1983 Reverend Jim Kelirli requested the use of Rosemead Park to have a Christian Concert on Labor Day from 1:30 p.m. to 4:00 p.m. as it would be benefit the entire community. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the use of the N1 Baseball Diamond at Rosemead Park by the Rosemead Foursquare Church for a Christian Concert on September 5, 1983 be approved. Vote resulted: AYES: Councilmen Cichy, Taylor, Tury and Mayor Cleveland NAYES: Councilman Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that his reservations were because the Council would be setting precedent and would have no control over future activities. C. MODERN SERVICE PROPOSAL/COUNTERPROPOSAL Frank G. Tripepi, City Manager, stated that since the last Council Meeting the City Attorney has taken the Council's instruc- tions and comments and incorporated them into a revised counter- proposal for the Council's consideration as,an offering to Modern Service. Councilman Tury stated that most of the suggestions had been incorporated into the counterproposal, however, there may be one concern' that-needs some' additionaL:discu'ssaon': _He requested further clari-:fvication' ber-made: on -those commercial locations that. Modern thought should':have to sign up,-for-bin service., New businesses were not dis- cussed in the present counterproposal._ Councilman Taylor.agreedywith Mr. Tury.,regar:ding additional clarificationrof Item 7(a;-which refers to existing„commercial accounts, however., do,es;,not cover new=businesses and-they do need to be included. CM 7-26-83 Page N3 Robert Kress, City Attorney, stated that in order to clarify t the intent that Modern never make this claim again, the last sentence 1 E in Item #7(a) which reads as follows:"Modern shall make no claim, for II ` the life of the franchise, that it is'entitled to place and/or charge for a separate bin at each commercial address in the City" should be separated from the.beginning.of (a) which starts out as a descrip- tion of a grandfathering situation. He suggested that the last sentence be separated and called "b" and renumber the rest. Councilman Taylor stated that he agreed with the Attorney's suggestion to separate the last sentence and it cannot be confused with the grandfathering and the existing commercial accounts. Councilman Taylor stated that Item #10 should be done prior to the approval. Councilman Tury stated that there should be a deadline of 90 days to have Item #10 completed. Councilman Taylor stated that he was in agreement with the time limit of 90 days and if it is not incorporated with that time the agreement will revert back to the old rate for the duration of the Contract. Robert Kress, City Attorney, stated that 90 days would be enough time for him and that it goes along with point #6. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY that the staff be authorized to transmit the revised counter- proposal as modified to Modern Service Company. Vote resulted: AYES: Councilmen Cichy, Tury, Imperial, and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Councilman Tury inquired if Mr. Foutz had given any Retirement information to the City Manager. Mr. Tripepi stated that he had not received anything from Mr. Foutz as yet, however, he would speak to Mr. Foutz regarding the matter. B. Councilman Cichy stated that the legal committee of Contract Cities met last week regarding the litigation with L. A. County Ambulance Service, and the concensus was to subtract some of the costs that their Counsel had charged them for prior work that he had agreed to do. With that subtraction, the committee could proceed with the appellate brief and the argument at the Appellate Court against L. A. County. By proceeding against L. A. County,it would be a show of unity and strength and making a strong position regardless of the outcome because of their con- duct both in this case, the past and in future cases. C. ACCEPTANCE OF APPRAISAL OF PARCEL #55 ON DEL MAR/CHOI MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that the payment of $4,446 to the Chois in exchange for a Road Deed for the right of way on Del Mar Avenue be authorized. Vote resulted: AYES: Councilmen Cichy, Imperial, Taylor and Mayor Cleveland NAYES: Councilman Tury ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 7-26-83 Page #4 D. MUNICIPAL CODE Robert Kress, City Attorney, stated that he would like to put the adoption of the Municipal Code on the Agenda of the 2nd Meeting in August, and he stated that he would appreciate any. comments from the staff members or Councilmembers prior to the time it is placed on the Agenda. Councilman Taylor stated that he would need more than a month to go over the Code. E. Frank G. Tripepi, City Manager, advised the Council that the Legislature.has presented the Governor with a Budget and they have recessed. The present Budget provides that the AE 8 deflator to kick in'on October 1st. If and when that happens,the City will lose a little in excess of $700,000 in State subventions. Hopefully, when the Legislature reconvenes on August 15th, they will seriously discuss how they will handle local financing problems which in our opinion they have created, when they bailed cities out after.propo- sition #13 was passed. He commented that Contract Cities has-- called a special meeting on August 3rd which he will be attending and at which time they will try to develop legislative stategy on how best to approach this problem. He also noted that Independent Cities have been invited to perhaps come no with some united plan by which the Legislature can be bombarded. Hopefully, it will be successful. Councilman Tury stated in reference to the Municipal Code revisions, he felt that in fairness to the City Attorney.a list of questions should be prepared.in a specific period of time so that answers will be written and well thought out.'..Doing• this, would give him the opportunity to give good answers not off the top of his head answers. F. Mayor Cleveland commented that the Council was very fortunate to have some students from Rosemead High School and sincerely hoped that they would attend again. There being no further business, the Council Meeting was adjourned to August 9, 1983 at 8:00 p. m. Respectfully submitted: Cit Clerk APPROVED: MAYOR CM 7-26-83 Page #5