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MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
JULY 8, 1997
APPROVED
CITY OF/ RO EMEAD
DATE g` rL
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The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00
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 Imperial
The Invocation was delivered by Councilmember Taylor
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and
Mayor Imperial
Absent: None
APPROVAL OF MINUTES: JUNE 24, 1997 - REGULAR MEETING
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER
TAYLOR that the Minutes of the Regular Meeting of June 24, 1997, be approved as submitted.
Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS: - None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Charlene Nahar, 3406 N. Charlotte Avenue, Rosemead, stated that they have been unable
to sell their home as the City has not implemented a first-time home buyer plan as surrounding
cities have.
Mayor Imperial responded that such a plan is currently under study by the City.
H. PUBLIC HEARINGS - None
III. LEGISLATIVE
A. RESOLUTION NO. 97-28 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 97 - 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$865,535.68 NUMBERED 20430 THROUGH 20567.
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MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council adopt Resolution No. 97-28. Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 97-26 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD DETERMINING THE NECESSITY FOR
ACQUISITION BY EMINENT DOMAIN OF EASEMENTS FOR STREET
PURPOSES IN CONNECTION WITH THE WIDENING OF HIGHCLIFF
STREET (7644 AND 7645 HIGHCLIFF)
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 97-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DETERMINING THE NECESSITY FOR ACQUISITION BY EMINENT
DOMAIN OF EASEMENTS FOR STREET PURPOSES IN CONNECTION
WITH THE WIDENING OF HIGHCLIFF STREET (7644 AND 7645
HIGHCLIFF)
Frank Tripepi, City Manager, reported that as of today, the two aforementioned property
owners have signed the easements and recommended that the Council accept the easement deeds
and direct the City Clerk to record the deeds together with the certification of acceptance and
authorize the City Manager to execute the Right-of-Way Agreements on behalf of the City.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that the Council accept the two easements deeds and direct the City Clerk to record the
deeds together with the certification of acceptance and authorize the City Manager to execute the
Right-of-Way Agreements on behalf of the City. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Clark, Bruesch
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. RESOLUTION NO. 97-27 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD APPROVING THAT CERTAIN
AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE
SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK
MANAGEMENT"
The following Resolution was presented to the Council for adoption:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS
AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE
RISK MANAGEMENT"
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Councilmember Taylor requested clarification on the Liability Trust Fund outstanding
claims totaling $59 million.
Frank Tripepi, City Manager, responded that that figure represents the total outstanding
claims; however, that amount can be reduced drastically depending on the adjudication process or
the judgement settlement. Mr. Tripepi continued that is the reason why the Resolution tonight
seeks approval for development of a different type ofjoint protection system as the existing
situation under the County contains major problems in the administration of the Fund.
Councilmember Taylor asked if the Sheriffs Department will be indemnified under the
Agreement.
Robert Kress, City Attorney, responded that the Sheriffs Department and Public Works
treat their services to Contract Cities as an entrepreneurial function and the liability claims for
those services are currently being charged to a trust fund funded by a surcharge to the amount the
cities are paying. This is another proposal to take over that function and manage it on behalf of
the client cities themselves.
Mr. Tripepi added that the surcharge being paid now as part of the contract is holding the
County "harmless." If an incident occurs in the County in the existing system, there is no reliable
way of knowing if the incident being settled out of the Trust Fund occurred in one of the contract
cities or in the unincorporated areas of the County. Mr. Tripepi stated that there have been cases
where money taken from the Trust Fund set up to handle contract cities affairs was paid out on
suits that were in the County.
Councilmember Taylor asked what safeguards would be in place to prevent this from
occurring under the new system and information on how the County would insure itself.
Mr. Tripepi responded that under the new system this will not occur as the Board will
manage the system, and therefore, the claims and where they will get paid. Mr. Tripepi stated that
the County is responsible for obtaining their own liability insurance.
Sam Olivito, Executive Director, California Contract Cities Association, stated that there
is a separate fund in the County in place used for those kinds of liabilities.
Councilmember Taylor asked what liability as a joint power do we have for the city at
fault?
Mr. Tripepi responded that there is no more of a risk than at present under the existing
system; however, the new system will allow better management and control of those costs.
Mr. Olivito stated that there will be a full report and accounting to each city.
Councilmember Taylor stated that he cannot vote for this Agreement without reviewing
our City's Sheriffs Agreement, referring to Appendix "B". Mr. Taylor requested clarification on
the Joint Protection Program, Sections (c), 1, 2, and 3 referring to adjustments in Member
deposits at the end of the first year and deposits annually thereafter.
Mr. Olivito stated that the initial deposit is 6% and will then be adjusted thereafter taking
contract costs and multiplying by the liability share. Mr. Olivito added that they are asking
Member cities to stay in this program for at least three years to better determine the rates.
Mr. Tripepi explained that this program is similar to SCJPIA's program. Mr. Tripepi
explained that when there are no claims, we will have a reduction in the premiums.
Councilmember Taylor requested an explanation of the formula or process for calculating
deposits Members will pay to the Authority.
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Mr. Olivito stated that it will be at 6% until the three year period is over enabling them to
gain some experience to better determine what the rates would be, and these items will be
identified in the indemnity agreement at a later date.
Mr. Tripepi added that the City Manager's Committee concluded that the figure could not
be higher than 6% otherwise there would be no incentive for any cities to join this program. Mr.
Tripepi continued that Rosemead will be responsible for claims that occur within the City
performed by Deputy Sheriffs under contract with the City. We are not indemnifying the County
for Deputy Sheriffs for occurrences in County areas.
Councilmember Taylor asked should a lawsuit of $5 million be awarded, what amount
would our City pay for that claim. Mr. Taylor requested clarification on the section stating
"...amount of losses actually borne individually be each Member...".
Mr. Olivito responded that that amount would come out of the fund and the City would
pay out 6%. Mr. Olivito continued that in gaining experience over the three year period, the
Authority will be able to better determine what the rate should be and the aforementioned item
was included to ensure that a City joining this Authority will not leave prior to paying their proper
percentages.
Mayor Pro Tern Bruesch stated that this program will enable cities to track what is in the
pool at all times. Mr. Bruesch then called for the question.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council adopt Resolution No. 97-27: authorizing execution of the agreement
entitled "Joint Powers Agreement of the Self-Insurance Authority for Effective Risk
Management"; designating Councilmembers Taylor and Vasquez as appointee and alternate to the
SAFER board of directors and designating the California Contract Cities Association as the City's
agent with respect to negotiations with the County to effectuate the program. Vote resulted:
Yes:
Vasquez, Imperial, Bruesch, Clark
No:
None
Abstain:
Taylor
Absent:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor asked when the Indemnification Agreement will be finalized.
Mr. Olivito responded that they are in the process of collecting all thirty-nine resolutions
from the Contract Cities. Once they have that, they will have to go before the Board of
Supervisors for their action.
D. RESOLUTION NO. 97-29 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD CASTING ITS VOTE FOR
COUNCILMEMBER GEORGE LUJAN TO REPRESENT CITIES
WITHOUT PRESCRIPTIVE PUMPING RIGHTS AS AN ALTERNATE
ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY
AUTHORITY
The following resolution was presented to the Council for adoption:
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RESOLUTION NO. 97-29
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
CASTING ITS VOTE FOR COUNCILMEMBER GEORGE LUJAN TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS AS AN
' ALTERNATE ON THE BOARD OF THE SAN GABRIEL BASIN WATER
QUALITY AUTHORITY
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council adopt Resolution No. 97-29. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered..
IV. CONSENT CALENDAR
CC-A ACCEPTANCE OF EASEMENT DEED FOR STREET PURPOSES - 8350
GARVEY AVENUE
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Council accept the attached document and direct the City Clerk to record the
deed together with the certification of acceptance. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
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
A. INSTALLATION OF KEY CLUB SIGNS AT CITY ENTRANCES
Mayor Imperial stated that the Key Club has cleaned up major boulevards in Rosemead
for many Saturdays and Sundays and requested signs be installed to acknowledge that club.
Mayor Pro Tem Bruesch suggested a sign stating that the beautification/cleanliness of this
street is a project of the Key Club, etc.
Councilmember Taylor stated that he does not object to an organization's sign being
posted in the parkway; however, the islands have limited space to be able to accommodate all the
community organizations in Rosemead. Mr. Taylor asked how often does this group clean our
highways.
Mayor Pro Tern Bruesch stated that they clean once a month; however, they also clean
parking lots, fences around vacant lots and buildings, Universal Square, planters and other areas.
Councilmember Taylor and Clark agreed that these organizations should be
acknowledged, but businesses should be responsible for keeping their areas clean.
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MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that staff return with a sign design and location. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered..
B. PROPOSAL BY SCAG TO INCLUDE AN ODOMETER TAX IN THE 1997
REGIONAL TRANSPORTATION PLAN (RTP)
Mayor Pro Tem Bruesch stated that none of the transportation scenarios drafted by SCAG
will reduce congestion below present levels, nor meet the Federal mandates on air quality. Mr.
Bruesch explained that financial resources would be limited to accomplish these plans as 60% of
funds are earmarked for retrofiting existing infrastructure with the remaining 40% for
improvement programs, such as additional buses, HOV's, smart lanes and rail projects. Mr.
Bruesch continued that this proposal would penalize people living further away from their work
place because they are using more public right-of-ways to and from work.
Councilmember Taylor asked why penalize people because they reside further out from
their jobs versus people living a few miles from their workplace.
Mayor Pro Tern Bruesch stated that many communities where people work, are not
providing adequate housing.
Mayor Imperial stated that 45% of people's wages go to County, State, or Federal
government for taxes - people are tax poor.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER
VASQUEZ that the Council oppose the odometer tax and authorize the Mayor to send the
appropriate correspondence. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. REQUESTED INFORMATION - "FARMER'S MARKET"
Councilmember Vasquez stated that he requested information on establishing a Farmer's
Market in Rosemead as constituents have asked why there is not one in this City.
Mayor Pro Tern Bruesch stated that he would like to explore this concept further to try to
establish a viable commercial area on Valley Boulevard and to see whether the business
community would be supportive of this idea.
Councilmember Taylor commented that many cities that have these markets also have
other attractions to draw people, such as the Mission in San Gabriel and the old town street in
Monrovia with outdoor cafes. Mr. Taylor questioned how viable a farmer's market would be.
Mayor Imperial asked how many of these markets can the area support.
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Councilmember Taylor added that the Chamber's of Commerce are very involved with the
farmer's markets in other cities. Mr. Taylor stated that there are other issues to consider such
how would other businesses be affected and what is Rosemead's attraction to draw people in.
Mayor Imperial stated that Valley Boulevard is deteriorating. There are many empty
stores and sales revenues are down, and that the emphasis should be on cleaning up Valley
Boulevard and trying to attract new businesses. Mr. Imperial continued that the major problem
with Valley and Rosemead Boulevards continues to be lack of parking.
D. COUNCILMEMBER CLARK
Councilmember Clark requested that SB 567 (Polanco) be placed on the agenda as an
urgency item.
E-1. AMEND AGENDA TO INCLUDE ITEM E-2.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council amend the agenda to include item E-2 and determine the need to take
action on this item arose after the posting of the agenda and there is a need to take action at this
evening's meeting as the event will occur before the Council's next meeting. Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
E-2. SB 567 (POLANCO) - CHANGING THE MAKE UP OF THE MTA
BOARD OF DIRECTORS - OPPOSE
Councilmember Clark explained that SB 567 would change the make up of the MIA
Board of Directors by reducing its size to nine members and allow a majority of appointed
officials to serve on the Board. Mrs. Clark stated that when this issue was presented last year, it
was the consensus of the League and Contract Cities that more elected officials need to be
represented on the Board as they are accountable to the people. Mrs. Clark stated that this bill is
passing through the Legislature on the pretense that cities are in favor of this bill.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK TO OPPOSE SB 567 (Polanco). Vote resulted:
Yes:
Vasquez, Taylor, Imperial, Bruesch, Clark
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
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IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 9:15
p.m. to Tuesday, July 15, 1997 at 6:00 p.m. for interviews for the Traffic Commission vacancy.
Respectfully submitted:
d
City Clerk
APPROVED:
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