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CC - Approval of Minutes - 12-10-96 . , r NO i' "�"�'>�.` L UNTIL ADOPTED BY THE ROSEMEAD MINUTES OF THE REGULAR MEETING HCl TY COUNCIL ROSEMEAD CITY COUNCIL DECEMBER 10, 1996 The regular meeting of the Rosemead City Council was called to.order by Mayor Clark at 8:01 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilmember Bruesch • The Invocation was delivered by City Treasurer Hugh Foutz ROLL CALL OF OFHCERS: Present: Councilmembers Bruesch, Taylor, Vasquez, and Mayor Clark Absent: Mayor Pro Tern Imperial PRESENTATIONS: -None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Milton Weiner, 8412 Sierra Street, South San Gabriel and 9033 Bentel, spoke on the ethnic diversity affecting local businesses, churches and schools. IL PUBLIC HEARINGS A. A PUBLIC HEARING TO CONSIDER ORDINANCE NO. 777 AMENDING THE ROSEMEAD MUNICIPAL CODE REGULATIONS FOR THE SALE OF SAFE AND SANE FIREWORKS BY COMMUNITY NON-PROFIT ORGANIZATIONS. (THIS ITEM WILL BE CONTINUED TO THE JANUARY 28, 1997 MEETING). M. LEGISLATIVE A. RESOLUTION NO. 96-59 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 96-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $276,451.66 NUMBERED 18550 THROUGH 18660. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 96-59. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 96-60.-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, APPROVING CONDITIONAL USE PERMIT 96-668, ALLOWING DEVELOPMENT OF A 2,950 SQUARE FOOT RESIDENCE AT 3306 BARTLETT AVENUE (APN:5289-009-030). CC 12-10-96 Page#1 Mayor Pro Tern Imperial requested that this item be deferred pending a full Council. Councilmember Taylor stated that the owner has meet all the recommendations and does not see a valid reason for continuing this item until the Council can meet again on January 28, 1997. Councilmember Vasquez recommended having a Special Meeting next week. Peter Lyons, Planning Director, stated that the owner is aware of this delay and is acceptable to him. Mayor Clark, stated that she is willing to hold a Special Meeting and noted that the applicant has not appeared at several prior Planning Commission or Council meetings. There being no other objections, this meeting was postponed to the January 28, 1997 meeting. C. URGENCY ORDINANCE NO. 778 -AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIVE OFFICES IN ROSEMEAD -ADOPT The following Urgency Ordinance was presented to the Council for adoption: URGENCY ORDINANCE NO. 778 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIVE OFFICES IN ROSEMEAD - ADOPT Don Wagner, Assistant City Manager, presented the staff report. Councilmember Vasquez requested clarification on the campaign contribution limits from individuals, fund-raisers and PAC's. Robert Kress, City Attorney, explained that if the Ordinance is passed and the candidate accepts the voluntary expenditure ceiling, then that candidate can accept campaign contributions up to $250 from individuals and that this amount includes fund-raisers and PAC's. If this Ordinance is not adopted, then the limit will be $100 per individual. Councilmember Taylor quoted various passages from the attached FPPC analysis and stated that this Proposition is flawed with too much government intervention and that many sections are unconstitutional. Mayor Clark clarified that if the Ordinance is passed tonight and the candidates in the March election agree to the expenditure ceiling, they can receive up to $250 per individual. If not passed, then the candidates can only receive $100 per individual. Ms. Clark stated that this Ordinance has to be passed tonight with four votes in order to be effective in January. Ms. Clark continued that by not passing this Ordinance, it punishes the candidate that does not have unlimited personal funds; and allows independently wealthy candidates to spend their own money without limits. Ms. Clark stated that while the bill is flawed, she is in favor of this Ordinance. Councilmember Bruesch added that this legislation is cumbersome and flawed; however, it gives the public a chance to see who provides the money. Mr. Bruesch stated that he is in favor of this Ordinance. CC 12-10-96 Page#2 MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Urgency Ordinance 778. Vote resulted: Yes: Vasquez, Clark, Bruesch No: Taylor Absent: Imperial Abstain: None The Ordinance did not pass as it did not receive the required four votes. Discussion ensued about scheduling another meeting to discuss this issue further. The Mayor directed staff to arrange a Special Meeting date to consider this matter. Councilmember Taylor requested that the property at 3306 Bartlett Avenue, which was continued to January 28, 1997, be included in the Special Meeting instead. D. RESOLUTION NO. 96-61 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THE GOVERNOR AND LEGISLATURE OF THE STATE OF CALIFORNIA TO REPEAL TH H; SMOG CHECK II PROGRAM AND RECOMMENDING CONTINUATION OF PREVIOUS SMOG CHECK CERTIFICATION REQUIREMENTS The following Resolution was presented to the Council for adoption: RESOLUTION NO. 96-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THE GOVERNOR AND LEGISLATURE OF THE STATE OF CALIFORNIA TO REPEAL THE SMOG CHECK II PROGRAM AND RECOMMENDING CONTINUATION OF PREVIOUS SMOG CHECK CERTIFICATION REQUIREMENTS Don Wagner, Assistant City Manager, presented the staff report. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that the Resolution No. 96-61 be adopted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION CC-B ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL INSTALLATIONS AT MISSION DRIVE AND ENCINITA AVENUE AND NEW AVENUE AND NEWMARK AVENUE; PROJECT NO. 96-03 CC-C ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING CC 12-10-96 Page#3 MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that the Council approve the aforementioned items. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION -None VI. STATUS REPORTS -None VII. MATTERS FROM OFFICIALS VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, referring to item CC-A Request from Mexican American Student Organization, expressed his concern that the group's usage of the facility until 1:00 a.m. may cause some problems. Mr. Nunez was reassured by Council that this organization is well-run, supervised and chaperoned. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:40 p.m. in memory of Tommy Francis, a long-time member of Temple Sheriffs Boosters and an active member of our community; and in memory of Olga Fabela's father, brother, and close family friend who were tragically killed in an automobile accident. Respectfully submitted: APPROVED: City Clerk Mayor CC 12-10-96 Page#1