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CC - 06-08-99CITY OF Ir EMEAD rnTE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JUNE 8, 1999 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:02 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Vasquez The Invocation was delivered by Councilman Bruesch ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: - NONE PRESENTATIONS: The Council presented a proclamation to Anthony White, a Rosemead High School student, for his many achievements in football, basketball and track. Anthony received the 1998 High School Heisman Award and was selected from a nationwide pool of outstanding scholars and athletes. Mr. White thanked the Council and hoped they would continue to recognize the achievements of outstanding students. V. MATTERS FOR DISCUSSION AND ACTION C. STATUS REPORT - PARKWAY TREES ON VALLEY BOULEVARD (This item was taken out of order) Frank Tripepi, City Manager, presented the staff report, and stated that after an extensive search for the Sweet Shade Trees, the 36-inch box trees are not available at present. Mr. Tripepi stated that there is an alternate specie that the Council can consider. However, staff recommends staying with the Sweet Shade Trees and waiting one year until the available 24-inch box trees grow into the 36-inch box trees. Councilman Taylor stated that he agrees and that the trees should have been purchased or set aside when they were available. Mr. Taylor requested a list of all the nurseries that were contacted. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council approve staying with Sweet Shade Trees, and to wait until next May to plant 36- inch box size trees. Before vote could result, more conversation ensued. Councilman Bruesch cited the example of the City of Alhambra planting 15 gallon, 4-inch trees a few years ago. Vandals drove down the street and destroyed or broke about one dozen trees. Mr. Bruesch stated that he would rather wait one year for the trees to reach the 36-inch box size, which would provide some shade, rather than plant the smaller ones now and risk damage by vandals. Councilman Taylor clarified that substandard trees would not be purchased now and then wait for one year until they qualified for 36-inch box size, and that there is the option of CC:6-8-99 Page #1 purchasing the 36-inch box trees now should they be available. Frank Tripepi, City Manager, affirmed that the Council's decision is to remain with the 36- inch box Sweet Shade Trees which will be planted next May. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Gilbert Villa, Rosemead Chamber of Commerce President, extended an invitation to the Council to attend the Rosemead Chamber Installation Dinner on Thursday, June 24th, at the Rosemead Sheraton Hotel. Mr. Villa stated that the "Eggs and Issues Breakfast" will be held on June 24th at the Valley Grill. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING - ORDINANCE NO. 794 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ROSEMEAD - INTRODUCE The Mayor opened the Public Hearing for those in the audience wishing to speak on this item. There being no one wishing to speak, the Mayor closed the Public Hearing. Councilman Taylor requested that the franchise date be changed to cover a 10-year period instead of 25 years for the purpose of a review process by the Council in office at that time. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council introduce Ordinance No. 794 with the amendment that Section 3. now read May 22, 2009, instead of 2024. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. " Monterey Park Councilman Bruesch asked i _ berm-C-4ifernia Water is planning on expanding their property on Delta Avenue in" Pa44 and what effect the noise level would have. Rosemead Peter Lyons, Planning Director, responded that that Center is going to be rebuilt and CC:6-8-99 Page 92 modernized and that the noise level will not exceed the City's noise Ordinance. Councilman Taylor requested clarification on Section 8 - "The franchise granted hereunder shall not in any way or to any extent impair or affect the right of City to acquire the property of Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, City's right of eminent domain in respect to Grantee or any public utility; nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character or in the event of the purchase by City of assets or property of Grantee, in excess of cost to Grantee of the necessary publication and any other sum paid by it to City therefor at the time of acquisition." Robert Kress, City Attorney, responded that the last sentence regarding "necessary publication" means that the City is required to publish a public notice of the City's intent to grant a franchise, which was published, and the Water Company reimburses us. Mr. Kress continued that if the City ever determines to condemn the franchise, the City would pay fair market value under the eminent domain law and there would be no separate valuation for the franchise. III. LEGISLATIVE A. RESOLUTION NO. 99-25 CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $770,800.14 NUMBERED 27179 THROUGH 27313 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt Resolution No. 99-25. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 99-26 - APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES The following Resolution was presented to the Council for adoption: RESOLUTION NO. 99-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES AND REQUESTING THE CONTINUATION OF ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF ROSEMEAD FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY-COUNTY LAW ENFORCEMENT SERVICES AGREEMENT MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council adopt Resolution No. 99-26. Before vote could result, more conversation CC:6-8-99 Page #3 • ensued. 0 Councilman Bruesch requested an update on the liability trust fund collaborative effort. Councilman Taylor asked if the 6% liability is a separate payment that is set aside from the Joint Powers Agreement. Frank Tripepi, City Manager, responded that the 6% is the portion set aside into the liability trust fund. Councilman Taylor asked about the status of the $25 million lawsuit (Telamavayo) negotiations. Mr. Tripepi, responded that the many cities in Contract Cities voted to stay with L.A. County and keep the rate at 6%, rather than switch and take the liability trust fund away from the County. Mr. Tripepi continued that under another program, the rate may have gone to 8%. Councilman Taylor requested a memo on that aforementioned status. Mr. Taylor asked if the additional law enforcement items listed on the Resolution will be added costs. Mr. Tripepi responded that those items are budgeted for in the annual budget with little increase from last year. Mr. Tripepi stated that those items are not additional to the budget and they are accounted for. Councilman Taylor asked if the Sheriffs increase is included in the budget. Mr. Tripepi responded that their increase is included in the final budget and there will be no additions after July 1 st. The question was called for. Vote resulted Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated for the record that through the years he has noticed a tremendous turnaround in the response time of the Sheriffs Department, and, also with the COPS Program where more personnel is involved with schools and street activities. Mr. Bruesch stated that he applauds and thanks the Sheriffs Department for their great service to our community. C. RESOLUTION NO. 99-27 - SUPPORTING AB 1475 (SOTO) CREATING A STATEWIDE GRANT PROGRAM IN AN EFFORT TO INCREASE BIKE AND PEDESTRIAN SAFETY AROUND SCHOOLS The following Resolution was presented to the Council for adoption: RESOLUTION NO. 99-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO SUPPORT AB 1475 (SOTO) CREATING A COMPETITIVE STATEWIDE GRANT PROGRAM FOR CAPITAL PROJECTS, IN AN EFFORT TO INCREASE BIKE AND PEDESTRIAN SAFETY AROUND SCHOOLS MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Resolution No. 99-27. Vote resulted: CC:6-8-99 Page 94 • Yes: Bruesch, Vasquez, Clark, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that while he is not opposed to increasing bike and pedestrian safety, he voted No as he could not justify voting for this bill when there are major problems in the school system that needs to be addressed. Mr. Taylor cited as examples the high dro - ut rates of high school students and the ever increasing school budget, now at $7 billion, r9 M Taylor. for stated that the putting another $20 million into this type of program, which may already be in L.A. Schools place at schools, could be better used toward the education of students. IV. CONSENT CALENDAR (Item CC-A was removed for discussion purposes) CC-B APPROVAL OF FIREWORKS STAND LOCATION CC-C AUTHORIZATION TO ATTEND TH E LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM, MONTEREY, JULY 28-31,1999 CC-D AUTHORIZATION TO ATTEND THE 1999 ASIAN GANG INVESTIGATORS SEMINAR, ORANGE, SEPTEMBER 8-10,1999 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered Councilman Taylor asked if any Councilmember can attend the Asian Gang Conference, referring to item CC-D. Councilmember Imperial responded that he has attended many of these conferences in the past and it allows him to be aware of what is happening in and around our community. Councilman Taylor stated that he is in favor of Councilman Imperial attending, but is the conference now open to any Councilmember (flyer states "Limited to Law Enforcement Personnel Only") Councilman Imperial responded that a Councilperson attending may have to have prior approval or clearance from the Association. Councilman Taylor requested a report back from the conference. CC-A EXTENSION OF AGREEMENT - PARKWAY AND MEDIAN LANDSCAPE MAINTENANCE Councilman Bruesch asked about Exhibit B-2. Landscaping on Valley Boulevard (CBD), $420.00. Michael Burbank, Director of Parks and Recreation, responded that since the landscaping has been torn out for the Valley Boulevard street project, prices have been suspended until the CC:6-8-99 Page a5 new trees are planted. The price will then be negotiated. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that the Council extend the Agreement for another year and that the Mayor be authorized to execute the Extension of Agreement. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. GENERAL INFORMATION REGARDING THE SANTA MONICA MOUNTAINS CONSERVANCY Frank Tripepi, City Manager, presented the staff report, and stated that the two bills (Solis and Havice) going through the Legislature, have been amended to reflect the concerns outlined by the L.A. Division of the League of California Cities. Mr. Tripepi stated that the Mayor has sent out letters indicating that the Council can support those bills since they now incorporate the guidelines that the League and some cities requested. Councilman Taylor stated that he requested that this item be placed on the agenda and in reading over the Minutes, he was amazed at the amount of property acquired by the Conservancy in their 20 years of existence. Mr. Taylor stated that he requested a copy of their last two budgets in order to gain information on their operation as it will probably be duplicated with the Los Angeles and San Gabriel River Consevancy. Councilmember Clark requested that Pearl Fu, Senator Solis's representative in the audience, be given a copy of the letter endorsing those bills. Ms. Clark stated that she was disappointed in the L.A. Times coverage of the City's reaction toward the Conservancy as it implied that the Council was negative toward the formation of a River's Conservancy, and that was not the case at all. Ms. Clark continued that the Council had some concerns and the bills were studied thoroughly. However, the Times seemed to "chastise" the City for its concern. Ms. Clark requested that Ms. Fu relay the message to Senator Solis that the Council is now in support of those bills and appreciates the Senator's efforts. No action was required on this item. B. RECONSIDERATION OF AB 84 (GRANLUND) - POLITICAL COMMITTEES: PUBLIC ENTITIES Councilman Taylor referred to the Bylaws of the Action for Better Cities (ABC) created by the League of California Cities to enter into campaign issues, which states that no money shall be given to any candidate, but they can use the money to support or oppose any issue. Mr. Taylor stated that according to the Bylaws, the League of California Cities will be in control of selecting the Board of Directors, and vacancies will be filled by a majority vote ofthSE2o d Mr. Taylor ABC stated that this results in an extremely "close knit" organization whereby none of the cities will be allowed to vote on any of the issues. Mr. Taylor referred to Section 10 of the bylaws, entitled "Quorum" which states that a majority of directors shall constitute a quorum, which may transact business and any action approved by at least a majority of the quorum. Mr. Taylor continued that those 7 to I I directors will have available a $20 million "war chest" to put what they want to oppose on the ballot and this will open the door for other public agencies to be able to side-step the initiative process and enable them to oppose or support any issues they want. Mr. Taylor continued on to Section 11., entitled Telephone and Electronic Meetings, which states that directors may participate in a meeting through use of conference telephone or other electronic CC:6-8-99 Page #6 communication equipment as long as certain criteria is met. Mr. Taylor asked how will the directors be monitored? How does the Brown Act apply to those meetings? Councilman Imperial commented that be believes the aforementioned conflicts with the Brown Act also, and the organization that has always supported the City is California Contract Cities Association. Mr. Imperial stated that the League of California Cities and Contract Cities has had their share of differences of opinions Frank Tripepi, City Manager, explained that the League would not be the first public agency to form a PAC and that a number of other organizations have done so. Councilman Taylor requested a list of the organizations that have formed PAC's. Councilman Taylor stated that according to the information packet, the League is opposed to Proposition 13, and has priorities of change, such as, return property tax revenues to cities, counties, and special districts, authorize majority vote approval for special taxes, and provide fair taxation of catalogue, telephone and internet sales. Councilman Taylor continued that for the past 10 years, for 4 elections, the State received the majority of votes and did not change~the property tax situation. The Proposition finally passed at the 5th election, and did not have anything to do with the California State Legislature. Councilman Taylor stated the ABC now claims that they want to be able to go after the State to prevent them from having so much control over the cities. Proposition 13 was an initiative by the people and that the people, at large, will be paying, indirectly, into these organization's funds; whereas, local cities cannot use local funds. Mr. Taylor continued that money put into these organizations can be used to promote a public agency, not a citizen's agenda. Councilman Taylor stated that the League of California Cities and California Contract Cities does a good job of communicating to the Legislature. Councilman Bruesch stated that clout comes from the organizations that have the most money. Mr. Bruesch stated that the reason why counties and cities have not received their returns, even with the current State surplus, because money "talks". Mr. Bruesch continued that he believes that the League needs some sort of fiscal clout to return some of that budget surplus back to the cities and counties. Mr. Bruesch stated that he does not like that, but it is something that has to be dealt with. Councilman Taylor asked what is the League of California Cities and Contract Cities Association doing to return the monies back to the cities. Mr. Tripepi responded that the League has taken a position on ERAF dollars. Mr. Tripepi explained that the majority of money returned would go to the high tax cities, which in effect, are those cities that could not balance their budgets, were inefficient, and had high property taxes. They would be repaid that amount that they lost. However, cities that are contract cities, were lean and efficient, and did not have a City property tax, did not receive any monies. All residents contributed to the State coffers, regardless, same as other cities with property taxes. Mr. Tripepi stated that the League also serves larger cities with high property taxes and with different agendas, not just cities with low to moderate property taxes. Councilman Taylor stated that overall the ABC will primarily endorse issues for the larger cities. Mr. Taylor stated that the State now has $4 billion or more in excess reserves and they do not want to return the money back to cities, and same goes for the Federal government. Councilman Taylor stated that he wants to go on record that he favors AB 84 (Granlund) for the reasons he just stated. Councilman Taylor stated that the League is blaming Prop. 13 on the State Legislature when it was a people initiated petition. Mayor Pro Tern Clark stated that she agrees with Councilman Taylor in that the League is defeating itself by asking that there be a majority vote approval for special taxes. Ms. Clark stated that that will result in the Legislature telling the cities to go ahead and levy more taxes on their people while the State will continue to take more money away. Ms. Clark stated that she will convey that message to the League. CC:6-8-99 Page #7 Councilman Taylor emphasized again that no other cities will be a voting member on any actions on the ABC Committee and according to their bylaws, their meetings and actions can be conducted by phone. VI. STATUS REPORTS - NONE VII. MATTERS FROM OFFICIALS - NONE VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -NONE IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:00 p.m. The next regular meeting will be held on Tuesday, June 22, 1999, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk CC 6-8-99 Page 48