CC - 06-11-96APPROVE15
CITY //OF~ ROSEMEAD
DATE ~!d s/9L
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
JUNE 11, 1996
The regular meeting of the Rosemead City Council was called to order by Mayor Clark
at 8:05 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 Foutz
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Vasquez, Mayor Pro Tern Imperial, and Mayor
Clark
Absent: Councilmember Taylor - excused
APPROVAL OF MINUTES: MAY 14, 1996 - REGULAR MEETING
MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER BRUESCH
that the Minutes of the Regular Meeting of May 14, 1996, be approved as submitted. Vote
resulted:
Yes:
Vasquez, Clark, Bruesch, Imperial
No:
None
Absent:
Taylor
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: MAY 28, 1996 - REGULAR MEETING
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL
that the Minutes of the Regular Meeting of May 28, 1996 be approved as submitted. Vote
resulted:
Yes: Vasquez
No: None
Absent: Taylor
Abstain: None
Clark, Bruesch, Imperial
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS:
A proclamation was presented to Susan Hung, 6th grade student at Shuey School, for
her outstanding effort in designing the winning entry in the L. A. County Public Library 1995
Children's Bookweek Bookmark Contest and for her positive contribution to the community.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Albert Sotelo, Willard School student, presented his eloquent essay on Flag Day as part
of Willard School's annual Americanism Day.
Heidi Iseda, 8839 Marshall, Rosemead, stated that she is the Coordinator for the
National Parents Day Coalition and that this organization is concerned with the breakdown of
families and the many problems facing them. Ms. Iseda announced that the U.S. Congress
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passed a resolution recently declaring the 4th Sunday of each July as National Parents Day.
Ms. Iseda requested a Council proclamation to honor this day and the outstanding parents in
our community. Ms. Iseda submitted information to be distributed to the Council.
Juan Nunez, 2702 Del Mar, Rosemead, stated that the proposed bill SB 1590 is a
crime against taxpayers and that cities have been raising taxes without the vote of the people
and that monies gained from those taxes should be retroactive and returned to the taxpayers.
Mr. Nunez referred to the City's imposition of a 2% TOT a few years ago without voter
approval, and stated that the $130,00 approximate annual amount, should be returned to the
taxpayers also.
Mayor Clark stated that she Abstained on SB 1590 when it was before the Council a
few weeks ago, as she has mixed emotions regarding this issue. Ms. Clark emphasized that
the Council has not passed a utility tax without voter approval. Ms. Clark continued that in
1986 an increase in TOT from 6% to 8% was approved by voters. However, the subsequent
2% increase, as mentioned by Mr. Nunez, was not put before the voters as the consensus
was that the voters had previously approved this tax.
Councilmember Bruesch explained that the California Supreme Court and Appellate
Court has, at least five times, informed cities that the special and general taxes levied without
voter approval are legal. Mr. Bruesch continued that should these taxes
Mr. Bruesch stated that
currently there is not a mechanism in place to return the money nor to give credits back to
the people and fears that the money could fall into disreputable politicians' hands for
disbursement as they see fit. Mr. Bruesch stated that SB 1590 helps clarify the retroactive
issue.
Mr. Juan Nunez stated that he opposes SB 36.
Mayor Clark introduced Gerardo Pinedo, Field Representative from Congressman
Matthew Martinez's office. Mr. Pinedo, on the behalf of Congressman Martinez, extended his
assistance in any way to Rosemead residents in dealing with Federal bureaucracy.
II. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER PROTESTS RELATING TO THE IMPOSITION
OF LIENS ON REAL PROPERTY IN CASES WHERE THE RUBBISH COLLECTION
OF SAID PROPERTY HAS BECOME DELINQUENT
An explanation of the procedures for the conduct of the public hearing was presented
by the City Attorney. Mr. Kress stated that anyone in the audience wishing to speak are to
come to the podium and announce their name and address; then speak with representatives
from Consolidated Disposal who are present tonight. The Council will strike their names from
any action that will be taken this evening to impose a lien, and allow that case to come back
at a later time should an agreement not be reached with Consolidated.
Frank Tripepi, City Manager, announced the addresses to be removed from the lien list
as those individuals are presently meeting with Consolidated Disposal representatives. Those
addresses are: 9123 Steele Street, 3213-15-17 Del Mar Avenue, and 2428 Strathmore.
Those in the audience wishing to have their name removed from the lien list are: Mr. Nokes,
2423 N. Pal Jay and Henry Franque, 9250 and 9252 Guess Street.
The Mayor opened the Public Hearing for those wishing to speak on this item.
There being no one wishing to speak, the Mayor closed the Public Hearing.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council direct staff to take the necessary steps to place liens on those properties that
have not paid by 6:00 p.m. on July 1, 1996 and to delete the foregoing addresses. Vote
resulted:
be deemed retroactive, the language of the decision gave
no indication of how to disburse these funds thus
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Yes: Vasquez
No: None
Absent: Taylor
Abstain: None
Clark, Bruesch, Imperial
The Mayor declared said motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 96-20 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS INTHE SUM OF $1,027,408.19
NUMBERED 16702 THROUGH 16810
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH
that Resolution No. 96-20 be adopted. Vote resulted:
Yes: Vasquez, Clark, Bruesch, Imperial
No: None
Absent: Taylor
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 96-21 - APPROVAL OF PROGRAM SUPPLEMENT NO. 007
TO STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358, 1995-96
ASPHALT CONCRETE OVERLAY ON VARIOUS STREETS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING PROGRAM SUPPLEMENT NO. 007 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE 1995/96
ASPHALT CONCRETE OVERLAY PROJECT
MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY MAYOR PRO TEM IMPERIAL
that the Council adopt Resolution No. 96-21 and supplemental agreement; authorize the
Mayor to sign the supplemental agreement; and direct the City Clerk to mail the executed
copy of the agreement to the Chief, Local Street and Roads Branch of the State Department
of Transportation. Vote resulted:
Yes: Vasquez, Clark, Bruesch, Imperial
No: None
Absent: Taylor
Abstain: None
The Mayor declared said motion duly carried and so ordered.
C. ORDINANCE NO. 767 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD SETTING CITY COUNCIL SALARIES
The following Ordinance was introduced to the Council:
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ORDINANCE NO. 767
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
SETTING CITY COUNCIL SALARIES
Mayor Pro Tern Imperial stated that he intends to vote No on this item.
Mayor Clark stated that she agrees with Mayor Pro Tern Imperial.
MOTION BY COUNCILMEMBER BRUESCH to introduce Ordinance 767 for discussion
purposes only.
This motion died for lack of a second.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES MAYORS AND
COUNCILMEMBERS EXECUTIVE FORUM AND LEADERSHIP ACADEMY, JULY
17-20, 1996, MONTEREY
CC-B AWARD OF BID - ROSEMEAD PARK PICNIC SHELTER AND PLAY AREA
CC-D RECEIPT OF BIDS AND AWARD OF CONTRACT FOR THE RESIDENTIAL
REHABILITATION 55TH HANDYMAN BID PACKAGE
CC-E AUTHORIZATION OF INTENT TO PARTICIPATE IN HOME PROGRAM
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ
that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Vasquez, Clark, Bruesch, Imperial
No:
None
Absent:
Taylor
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-C EXTENSION OF AGREEMENT WITH WILLDAN ASSOCIATES FOR CDBG
PROGRAM SERVICES
Juan Nunez, 2702 Del Mar, Rosemead, asked if this item involves past complaints
from participants in the CDBG program and is this related to the Closed Session item.
Robert Kress, City Attorney, stated that this item will be discussed in the Closed
Session tonight.
Mr. Nunez recommended that if Willdan staff does not perform satisfactorily, the City
should change firms.
Mr. Tripepi responded that the CDBG program has handled 618 cases with only two
problems, which is an excellent average.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ
that the Council approve a one (1) year extension to the City's agreement with Willdan
Associates for CDBG Program Services, effective July 1, 1996, and authorize the City
Manager to execute the necessary documents. Vote resulted:
Yes:
Vasquez, Clark, Bruesch, Imperial
No:
None
Absent:
Taylor
Abstain:
None
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The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. SELECTION OF DATE FOR PLANNING COMMISSION INTERVIEWS
There being no objection, the Mayor deferred this item pending a full quorum.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS - None
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. CLOSED SESSION
A. The Council recessed to a Closed Session at 8:38 p.m. pursuant to Government
Code §54956.9(b)(A) for the following purpose: CONFERENCE WITH LEGAL
COUNSEL -ANTICIPATED LITIGATION. Significant exposure to litigation: two
potential cases concerning the CDBG program.
The City Council reconvened at 8:55 p.m. in an Open Session.
Robert Kress, City Attorney stated that the Council directed him to make certain offers
to settle potential litigation matters.
X. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 9:58 p.m. in
memory of Robert Clark, Mayor Clark's father-in-law, who passed away recently. The next
regular meeting will be held on June 25, 1996, at 8:00 p.m.
Respectfully submitted:
City Clerk
APPROVED:
MAYOR .
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