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CC - 03-27-62(1 CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL Minutes of March 27, 1962 A regular meeting of the City Council of the City of Rosemead was held in the Council Chambers, 8815 East Valley Boulevard. • The meeting was called to order by Mayor Andersen at 8:01 o'clock p.m. CALL TO ORDER The Pledge of Allegiance was led by City Administrator Farrell. The invocation was delivered by Reverend Clifford Morgan of the Rosemead Pilgrim Church. ~J 2. ROLL CALL Present: Councilmen: Andersen, Jackman, Lowrey, Phinney, Stead. Absent: Councilmen: None. Ex officio: Watson, Farrell, Stump, Armstrong. 3. APPROVAL OF MINUTES. MARCH 13, 1962. After discussion, it was moved by Lowrey, second by Jackman, and unanimously carried that the minutes of March 13, 1962, be approved as written. 0 4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. Paul L. Geyer, 9040 Bentel Avenue, requested an additional extention of 30 days on the installation of curb and gutter required by previous Council action. Present deadline is April 9, 1962. It was moved by Lowrey, second by Andersen, and unanimously carried, that Mr. Geyer be granted an additional 30 day extention beyond the original time fixed. UNFINISHED BUSINESS 5. REPORT. RE: PROPOSED INCREASE IN RATES. SAN GABRIEL VALLEY WATER COMPANY. SPEAKER - JOHN SKELTON. City Administrator Farrell presented a brief resume of this proposal and advised the Council that additional information is available in the circulating file. 0 John Skelton, Vice President of the San Gabriel Valley Water Company, addressed the Council outlining the reasons for this request to increase rates. Following discussion, Mayor Andersen, with the unanimous consent of the Council, instructed the City Administrator to attend the Hearing - no protest to be filed. • 3-27-62 0 6. RESOLUTION NO. 62-26. RE: FEDERAL TAX ON INCOME FROM STATE AND LOCAL BONDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IN OPPOSITION TO FEDERAL TAXATION OF INTEREST ON STATE AND MUNICIPAL BONDS. Attorney Watson, in explaining this resolution, stated, that almost 150 years ago, when the United States was a fairly young nation and the relationships between the Federal and State Governments were being resolved, the Supreme Court first decided that the interest on income from bonds issued by local agencies was exempt from Federal income taxation. One of the theories wupon which this decision was based was - - the power to tax, is the power to destroy. Early in our country's history, the Supreme Court and political leaders were very careful to see that the Federal Government did not usurp too many powers which they felt should be reserved to the states. It was felt that taxation of the interest from obligations of a state agency would tend to impair the ability of the state and therefore this was stricken down as uncon- stitutional. As a result, for more than 100 years, the interest income from municipal bonds (munici.pal bonds being a broad term to include any state) has been exempt from Federal income taxation. Apparently a move has recently been instituted to include the interest from municipal bonds in the taxable income of the owners of the bonds. This resolution which has been adopted by a number of cities in California and by the California Legislature memorializes the President and Congress not to initiate any constitutional amendment which would subject or have the effect of subjecting income from municipal bonds to income taxation. This resolution was read in full by Attorney Watson. It was moved by Stead, second by Lowrey, and unanimously carried, that Resolution No. 62-26 be adopted. 7. DETERMINATION OF LAWRENCE AVENUE STREET WIDTH. City Administrator Farrell reported to the Council that • residents on Lawrence Avenue seemed to be about evenly divided - one half wanting a 30 foot street and the other half wanting a 36 foot street. Edna Faye, 8917 Lawrence Avenue, Leo Hermes, 8935 Lawrence Avenue, J. A. Potts, 8925 Lawrence Avenue, Vera Riedel, 8942 Lawrence Avenue, George R. Mikes, 8929 Lawrence Avenue, W. C. Twomey, 4225 Rosemead Boulevard, R. K. McCaffree, 9271 Steele Street, Harry S. Buchanan, 4113 North Ivar Avenue, and Loren Rightmeier, 8724 E.Valley Boulevard, addressed the Council regarding Lawrence Avenue street width. Following discussion, it was moved by Jackman, second by • Lowrey, and unanimously carried that the Council determine the 8900 block of Lawrence Avenue as a 36 foot street, and that the action taken by the Council on February 27, 1962 fixing the 8900 block of Lawrence Avenue as a 30 foot street be rescinded. - 2 - • 3-27-62 0 NEW BUSINESS 8. ACCEPTANCE OF SANITARY SEWER AND RELEASE OF BOND. TR. 26273. Attorney Watson advised the Council that a written communication had been received from the City Engineer stating that this sanitary sewer has been completed satisfactorily and recommend- ing a motion by the Council approving the work and accepting the sewer for public use and cancelling the bond. It was moved by Lowrey, second by Jackman, and unanimously carried; that the City Council approve the work, accept this sanitary sewer dedication and cancel the bond. 9. DEDICATION OF EASEMENT FOR ROAD PURPOSES. THEODORE F. SCHRAMM, ET AL. WALNUT GROVE AVENUE. City Administrator Farrell advised the Council that this dedication for road purposes was a requirement of the Planning Commission on a plot plan.approval. It was moved by Jackman, second by Lowrey, and unanimously carried, that the Council accept this dedication of easement • for road purposes and authorize recordation. 10 0 • 12 RESOLUTION NO. 62-27. CLAIMS AND DEMANDS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $6,5.14.88 DEMANDS NUMBERS 1376 THROUGH 1397. Mayor Andersen requested this resolution read by title only and a summary of expenditures presented, if there were no objections. There were no objections. City Treasurer Noah A. Stump read Resolution No. 62-27 by title only and presented a summary of expenditures. It was moved by Jackman, second by Lowrey, that Resolution No. 62-27 be adopted. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey, Phinney, Stead. Noes: None. Absent: None. COMMISSION RECOMMENDATIONS. Mayor Andersen stated that the Council had met in personnel session just prior to this meeting and had unanimously agreed to appoint Harry E. Tullar to the Traffic Commission to fill the unexpired term of Russell L. Cox. It was moved by Jackman, second by Lowrey, and unanimously carried, that this appointment be ratified. Councilman Stead made inquiry as to the results of the recent survey made concerning facilities usable as fallout shelters in the City of Rosemead. COMMITTEE RECOMMENDATIONS. City Administrator Farrell advised the Council that the survey did not reveal a single facility in the City of Rosemead. - 3 - 3-27-62 13. COMMUNICATIONS. A. LEAGUE OF CALIFORNIA CITIES RE: APRIL MEETING. Mayor Andersen requested those planning to attend to please notify the Deputy City Clerk so necessary reservations could be made. • B. ANNE AND REGINALD DUPUIS. RE: SIDEWALK INSTALLATION. Mayor Andersen requested the City Administrator to advise these people that the Council has not established a policy regarding sidewalk installation. C. SHERIFF'S LICENSE DETAIL. RE: TOSCANO LICENSE. This communication was read in full by City Administrator Farrell. Original conditions were read in full by City Administrator Farrell. After considerable discussion, it was moved by Lowrey, second by Phinney, and unanimously carried, that the recommendations of the Hearing Officer be approved and the license be issued except that Condition 3 is modified to the end that telephone calls may be received at the residential location at night time only, subject to the discretion of the City Council to further modify this condition after 30 days from date. 14. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. A. Lloyd Walters, 4211 Rio Hondo Avenue protested that time limit parking signs have not yet been installed on Valley Boulevard east of Rio Hondo Avenue. City Administrator Farrell advised the Council that an encroach- ment permit has not yet been issued by the State Division of Highways even though an application was made approximately two and a half months ago. • B. R. K. McCaffree, Chamber of Commerce Manager, announced that Sheryl Baldwin had been chosen "Miss Dodger" and Sally Kendall had been chosen at "Miss Angel". Mr. McCaffree also reminded the Council of the April 14th "A Night to Remember" dinner to be held at the High School. Mayor Andersen advised the Council that he had proclaimed April 8 - 14 as Titanic Week in the City of Rosemead. 15. MATTERS FROM CITY OFFICIALS. A. Mayor Andersen advised the Council that the Park Board will hold their election next Monday night. Councilman Phinney • to attend. B. Councilman Lowrey advised the Council that he had a copy of a letter mailed out in South San Gabriel which contained many unfavorable remarks about the City of Rosemead and stated he would like an opinion from Attorney Watson as to the best course of action the City could take. - 4 - 3-27-62 0 Attorney Watson stated that the most practical approach to problems such as this is to send out a good public relations letter. C. Councilman Phinney requested that petitions for curb and gutter be prepared for both the east and west sides of Delta Street from Wells Street to Mission Drive. Mr. Phinney requested that the record show that these petitions were first requested • early in October. D. City Administrator Farrell advised the Council that a communication had been received from the Board of Supervisors regarding a new "Bonelli Plan" for reapportionment. This information will be placed in the circulating file. Mayor Andersen stated if there were no objections, he would order this communication received and filed. There were no objections. E. City Administrator Farrell advised the Council that a late communication had been received regarding the interchange at Rose mead Boulevard and the Freeway. This communication again denied the request to provide adequate access to Rosemead Boulevard for residents living south of the Freeway. • After discussion, Mayor Andersen instructed City Administrator Farrell to review and try again. F. City Administrator Farrell advised the Council that he has been trying for some time to have a representative of the State Employee's Retirement System address the Council, explain contract, etc. Mr. Thomas Crocker, Assistant Actuary, will be in the Council Chambers at 6:30 p.m. on April 12th. Explan- ation of the program will take approximately an hour to an hour and a half. G. Councilman Stead stated he had two motions he wished to make this evening. It was moved by Stead, second by Phinney, that beginning with the 1962-63 fiscal year, the City remove the Sewer Maintenance assessment from the tax bill for all Rosemead property owners • and that the City pay for this expense from City revenue each year hereafter. Councilman Stead stated for the record that a majority of this Council were members of the Rosemead Incorporation Association. It has been over five years since we made the promise to the voters that if Rosemead were to incorporate we.would reduce property taxes by removing the Road, Sewer, and Lighting Maintenance charges from their tax bills; we promised that these items would be paid from City revenue. The 1958 rate total of these taxes amounted to 22C per $100 of assessed valuation. I was one of those who urgently encouraged incor- poration, and who made the tax reduction promise. Upon incor- poration in 1959 the Road Maintenance expense was taken over by the City. • It was moved by Jackman, second by Lowrey, that this matter be held over to the next meeting. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey. Noes: Phinney, Stead. Absent: None. H. It was moved by Stead, second by Phinney, that beginning with - 5 - 3-27-62 0 the next fiscal year (1962-63) the City pay, from City revenue, eight cents (8t) of the Lighting Maintenance and Energy tax for each assessed lighting district of the City of Rosemead - this amount to reduce the tax rate that is assessed against both land and improvements (or a proportionately higher rate,, to be assumed by the City if this tax is again levied on land value only); and further that in each annual budget study the Council give consideration to the possibility of the City • assuming the total Lighting Energy and Maintenance costs. Councilman Stead stated that because of the extensive lighting installation program that has been initiated it is not feasible for the City to assume the total lighting maintenance expense this year. After discussion, it was moved by Andersen, second by Jackman, that the previous motion be postponed; previous motion to be' considered in budget preparation. Roll call vote as follows: Ayes: Andersen, Jackman, Lowrey. Noes: Phinney, Stead. Absent: None. It was moved by Jackman, second by Lowrey, that this meeting • adjourn in memory of Russell L. Cox who passed away on March 19. Mr. Cox was Chairman of the Traffic Commission and a leading citizen in the City of Rosemead. Mrs. Cox to receive proper notification of this action. Mayor Andersen stated that no business would be conducted at the meeting of April 10 due to election. Motion to adjourn carried unanimously. MAYOR CITY CLERK 0 - 6 -