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MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
JULY 9, 1996
APPROVED
CITY OF ROS, MEAD
DATE a 96
RY
The regular meeting of the Rosemead City Council was called to order by Mayor Clark
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 Councilman Vasquez
The Invocation was delivered by City Treasurer Foutz
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tern Imperial, and
Mayor Clark
Absent: None
APPROVAL OF MINUTES: None
PRESENTATIONS:
Red, White and Blue Carnation bouquets were presented to the 4th of July Parade
Committee members in appreciation for their hard work. Holly Knapp, Parade Chair thanked
the participants and stated that a total of $1375.00 was donated by local businesses and
individuals in support of the parade. Ms. Knapp added that she is proud of our City, citizens
and participants for their support. Glenn Clanton thanked staff for their help.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Nong Nilpradab, 1713 Bradbury Drive, Montebello, representing National Parents' Day
Coalition, stated that the U.S. Congress passed a resolution in 1994 declaring the 4th Sunday
of each July as National Parents Day and he is promoting this day in honor of the outstanding
parents in the Southern California communities.
Heidi Iseda, 8839 Marshall Street, Rosemead, representing National Parents' Day,
requested that the Council reconsider and approve issuing a proclamation honoring July 28th
as National Parents' Day.
II. PUBLIC HEARINGS - None
111. LEGISLATIVE
A. RESOLUTION NO. 96-26 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $904,479.00
NUMBERED 16966 THROUGH 17106
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL
that Resolution No. 96-26 be adopted. Vote resulted:
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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. 96-26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD URGING THE REGIONAL WATER QUALITY CONTROL
BOARD TO POSTPONE ADOPTION OF THE TENTATIVE ORDER NO. 96-XXX
(NPDES NO. CA611001) WASTE DISCHARGE REQUIREMENTS FOR URBAN
MUNICIPAL STORMWATER AND URBAN RUNOFF DISCHARGES WITHIN THE
COUNTY OF LOS ANGELES, IN ORDER TO RESOLVE ISSUES OF UNFUNDED
MANDATES, UNREASONABLE RESIDENTIAL IMPACTS, AND DEVELOPMENT
OF MORE ACHIEVABLE GOALS AND OBJECTIVES BASED ON MEASURABLE
STANDARDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD URGING
THE REGIONAL WATER QUALITY CONTROL BOARD TO POSTPONE
ADOPTION OF THE TENTATIVE ORDER NO. 96-XXX (NPDES NO.
CAS611001) WASTE DISCHARGE REQUIREMENTS FOR URBAN MUNICIPAL
STORMWATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF
LOS ANGELES, IN ORDER TO RESOLVE ISSUES OF UNFUNDED MANDATES,
UNREASONABLE RESIDENTIAL IMPACTS, AND DEVELOPMENT OF MORE
ACHIEVABLE GOALS AND OBJECTIVES BASED ON MEASURABLE
STANDARDS
Councilmember Bruesch stated that the language in the Tentative Order requires cities
to have the authority over regulatory functions that verge on "big brotherism". Mr. Bruesch
pointed out several Conditions in the Tentative Order and stated that the legally required
measures deal mainly with monitoring commercial and industrial sectors, there are suggestions
regarding monitoring residential yard wastes and litter. Mr. Bruesch voiced his concerns that
cities will have to conduct a thorough study of storm drain runoff within the next five years
and have an ordinance in place within 18 months.
Mayor Clark explained that this Tentative Order stems from the Clean Water Act
passed at a Federal level which gave the States the jurisdiction over what flows from our
cities into the storm drains and catch basins going directly to the ocean without purification
or treatment and there is a serious pollution problem in our bay and outfalls. Ms. Clark
continued that this permit is so extreme in that it gives legal authority to the cities concerning
residential runoffs. Ms. Clark stated that this is an unfunded mandate and to implement this
plan will be a tremendous impact financially. Ms. Clark added that at the March SCAG
Environmental Committee meeting, she questioned how cities could possibly monitor
residential compliance dealing with such activities as discharges of swimming pool filter
backwash and proper disposal of animal wastes and garbage. Ms. Clark stated that no
response was received from the Regional Water Quality Board to these issues which are
viewed by the committee as a symbol of "big brotherism". Ms. Clark stated that further
meetings requested with the Regional Water Quality Control Board were denied; however a
conference call was arranged at the end of June with six Mayors and Councilmembers, a
County Supervisor, and the Regional Board Members, and during the call they were informed
that the Board Members could not answer questions nor talk specifically about the Permit.
Ms. Clark questioned what was the purpose of the conference call then? Ms. Clark continued
that a letter was received from Catherine Tyrrell, Assistant Executive Officer of the Regional
Water Quality Board, implying that there were multitudes of opportunities to give input and
it is now too late as this Tentative Order will be passed this coming Monday. Ms. Clark stated
that she takes strong issue with that statement as numerous requests were made to meet
with them. She continued that at a meeting last Monday with Ms. Tyrrell, several
Councilmembers from other cities, Councilmember Bruesch, herself and Public Works staff,
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Ms. Tyrrell stated that it was her impression that she would be meeting only with Public
Works Directors and did not want to "debate" the issue with the rest of them. Ms. Clark
explained that a major issue impacting the City would be the potential of liability from citizen
lawsuits, such as having to prove that pollution of water downstream did not originate from
Rosemead and likened this situation to the Oil lawsuit.
Mayor Pro Tern Imperial agreed that this issue is similar to the Oil lawsuit and action
needs to be taken tonight to prevent this from occurring again.
Mayor Clark stated that while most agree with cleaning up our waters and oceans, a
90-day extension is requested to enable the Board to hear our concerns and to work out the
details which if left as is, would leave cities open to lawsuits.
Councilmember Bruesch stated that if a similar lawsuit occurs again such as the OII,
the taxpayers would ultimately have to pay those multimillion dollar lewsta+ts. settlements.
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that
the Council adopt Resolution No. 96-27. Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO ATTEND NATIONAL COUNCIL FOR URBAN ECONOMIC
DEVELOPMENT CONFERENCE, SEPTEMBER 29 TO OCTOBER 2, 1996,
CLEVELAND, OHIO
CC-C REQUEST FOR REPLACEMENT OF DELINEATORS WITH BOTTS DOTS ON
MISSION DRIVE EAST OF ROSEMEAD BOULEVARD
CC-D ACCEPTANCE OF STREET EASEMENTS FOR HIGHCLIFF STREET
RECONSTRUCTION PROJECT
CC-E AUTHORIZATION TO SET PUBLIC HEARING REGARDING REALLOCATION OF
FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CC-F AUTHORIZATION TO ATTEND INTERNATIONAL CITY MANAGERS
ASSOCIATION 82ND ANNUAL CONFERENCE, OCTOBER 6-9, 1996,
WASHINGTON, D.C.
CC-H EXTENSION OF IMPROVEMENT AGREEMENT AND SUBSTITUTION OF BOND;
TRACT MAP NO. 47192; 2405 DEL MAR AVENUE AND 7701-7713 GRAVES
AVENUE
Councilmember Taylor requested that the second paragraphs on items CC-B and CC-C
which read "No residents were present at the Commission Meeting" be changed to "No
residents spoke for or against this item" for political correctness and acceptability as the
former wording implies that meetings are held without residents.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that
the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
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C,
The Mayor declared said motion duly carried and so ordered.
CC-B REQUEST FOR INSTALLATION OF "NO STOPPING ANYTIME" RESTRICTIONS
NORTH OF 3117 WALNUT GROVE AVENUE
Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that this area has clear visibility
for traffic exiting from driveways.
Councilman Bruesch stated that cars exiting the residential driveways have a clear view
only from their driveway to the school chainlink fence, with the view obstructed at the
driveway apron when cars and, especially, trucks are parked there.
Mayor Pro Tern Imperial stated that neighbors have complained about this dangerous
situation before.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that the
Council approve installation of "No Parking Anytime" restrictions north of the driveway
located at 3117 Walnut Grove Avenue. Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-G REJECTION OF BIDS AND AUTHORIZE READVERTISEMENT FOR BIDS -
TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTIONS OF MISSION
AVENUE AND ENCINITA AVENUE, AND NEW AVENUE AND NEWMARK
AVENUE
Councilman Taylor requested that this item be deferred for backup information on the
five bidders and the reason they were rejected.
Robert Kress, City Attorney, explained that information was received just as the
agenda was closing and problems with qualifying were discovered on the first two bidders.
Mr. Kress stated that they were unable to qualify and awarding the bid to the third low bidder
was a difficult recommendation to make to Council. Mr. Kress recommended that Council
reject all bids and go out to bid, which is a standard power that the Council retains in any
bidding process without requiring an explanation.
Councilman Taylor responded that this is more of a public image and a public policy
issue and he does not have a problem with rejecting all five bidders, but not without an
explanation. Mr. Taylor continued that this is an unfair public policy for those five contractors
who took the time to bid this project and is not comfortable voting on this item without any
background information to provide to them as to why they are being rejected.
Mayor Pro Tern Imperial stated that he agrees with Mr. Taylor that background
information is needed, especially to inform the five bidders and he would like to have this item
deferred also.
Councilman Bruesch asked if deferring this item would cause installation to take place
during the school year.
Fred Wickman, City Engineer, responded that Council cannot take action until the
August 13th meeting, which would put the project behind schedule.
Mayor Clark asked if the project is awarded to the third low bidder tonight, will the
project be completed before school starts in the Fall?
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Mr. Kress stated this cannot be done tonight because the first two bidders have to be
afforded the public opportunity as to why they are being rejected. Mr. Kress continued that
in discussions with the City Engineer in continuing this project with a minimum amount of
trouble and disruption for all parties, it was agreed that the best way to proceed was to rebid
the project.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that
this item be deferred until the August 13, 1996 Council Meeting, for background information
on the bidders. Vote resulted:
Yes:
Vasquez, Taylor, Clark, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. ' MATTERS FOR DISCUSSION AND ACTION
A. REQUEST FROM ROSEMEAD CHAMBER OF COMMERCE TO PURCHASE
STREET BANNERS FOR VALLEY BOULEVARD, GARVEY AVENUE, ROSEMEAD
BOULEVARD AND SAN GABRIEL BOULEVARD
Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that the banners currently flying
are deteriorated and in disrepair and is not a good reflection on the City.
Richard Nichols, Executive Director, Rosemead Chamber, explained that the Chamber
will be responsible for the entire banner program and is asking the City to purchase 40
banners with the businesses and Chamber purchasing the other 40 banners for a total of 80
banners. Mr. Nichols stated that the business-purchased banners will have their names
displayed on an added portion at the bottom of the banners; however, the City-purchased
banners will not have any additive. Mr. Nichols continued that the cost will include the entire
banner, poles and brackets.
Councilman Taylor asked how does one individual acquire the right to advertise on a
public utility pole and who determines which person or business has that right. Mr. Taylor
stated that neither the Council nor the public utility company has approved of putting
advertising on the poles.
Mr. Kress stated he has concerns as to whether this is in keeping with the City's sign
ordinance, and the 5-year agreement along with assurances regarding this program needs to
be addressed also.
Mr. Nichols assured the Council that an agreement would be provided.
Mr. Kress stated that there are two issues involved tonight. First, Public/City
contributions - the City is asked to purchase 40 banners which is a Community Promotions
issue; and, second, how will the program work and does it meet the City's current sign
ordinance? Mr. Kress recommended that the Council discuss and decide on the Community
Promotion issue tonight, and refer the remainder back to staff for resolution and returned to
Council at a later date.
Councilman Taylor asked how businesses were notified of this program.
Mr. Nichols responded that all businesses in Rosemead were notified by letter with an
application form included.
Councilmember Bruesch stated that he agrees with the Chamber in principle as
favorable comments were received when the banners were installed six years ago, but the
City needs an agreement from the Chamber assuming responsibility for the maintenance and
replacement of damaged banners.
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MOTION BY COUNCILMAN BRUESCH that the Council approve the Street Banner
Program in principle but return this item to staff for further research regarding compliance with
the City's sign ordinance.
Mayor Pro Tern Imperial stated that this program will benefit the businesses in the City
and requested the Chamber's assurances that this program will not require any assistance
from the City.
Mr. Nichols responded that the Chamber will assume full responsibility for the program.
Councilman Taylor requested a copy of the Chamber letter sent to all businesses. Mr.
Taylor stated that the banners the City purchased six years ago were "neutral", and asked for
verification from the City Attorney that the public utilities will accept banners with business
names flying from their poles.
Councilman Bruesch stated that these banners would enhance the City's commercial
strips and reiterated his Motion to accept the program in principle but to return this item to
staff for resolution.
Mayor Clark responded that she has a problem with accepting this Motion in principle
if the legalities and questions have not been resolved and would rather defer this item.
Conversation ensued about allowing only businesses in Rosemead to sponsor the
banners. Mr. Nichols explained that the program could not continue with that stipulation as
the Chamber would be open to lawsuits from businesses outside the City.
There being no objection, the Mayor deferred this item.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
A. COUNCILMAN VASQUEZ
Commended Deputies Bayer and Cortez for volunteering 12 hours each in working with
Rosemead's Youth Team over the 4th of July weekend and thanked the rest of the Deputies
and Holly Knapp and the Parade Committee for their hard work. Mr. Vasquez also recognized
Zak Zakarian, President of the Rosemead Chamber, who helped procure the dunk tank.
B. COUNCILMAN BRUESCH
1. Commended Michael Burbank, Director of Parks and Recreation and his staff for
their efforts in a smooth running 4th of July program.
2. Expressed his concern regarding large trash items left in front of houses day-
after-day sometimes blocking sidewalks. Councilman Taylor stated that that is a violation of
the City's Municipal Code and the violators should be cited and fined. Mr. Wagner responded
the City has the trash company pick up the large items with the property owner being billed;
however, this is an on-going problem that staff monitors constantly. Mayor Pro Tern Imperial
stated that some residents, especially those from other countries, may not understand this
pick up procedure and suggested warning violators first, and then ensure that the violators
understand this procedure. Councilman Vasquez commented that the City has been diligent
in handling these problems. Mr. Bruesch stated that he was referring to isolated homes that
continually violate this policy.
C. MAYOR PRO TEM IMPERIAL
Requested that this evening's meeting be adjourned in honor of Mr. Frank Acuri, an
individual who had the courage of his convictions.
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VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, stated that the "Zapopan Center" sign on
Walnut Grove near Del Mar was removed due to deterioration not yet replaced; another
"Zapopan Center" sign on the south side of Garvey Avenue across from Beach's Market is
bent; suggested informing apartment building owners of bulky item trash pick up days to pass
on to their tenants.
IX. CLOSED SESSION
A. The Council recessed to a Closed Session at 9:30 p.m., pursuant to
Government code §54956.9(b)(1)(3)(A) for a conference with legal counsel
regarding anticipated litigation. One potential case.
The City Council reconvened at 9:46 p.m. in an Open Session.
Robert Kress, City Attorney, stated that the Council met in a Closed Session for the
purposes stated on the Agenda and directed the City Manager and City Attorney to take
certain steps and provide the Council with periodic progress reports.
X. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 9:47 p.m. in
memory of Frank Acuri. The next regular meeting will be held on July 23, 1996, at 8:00 p.m.
Respectfully submitted:
City Clerk
APPROVED:
MAY
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