CC - 03-26-96APPROVED
CITY OF ?O E114EAD
DATE 441-2717
MINUTES OF THE REGULAR MEETING Ry _
ROSEMEAD CITY COUNCIL
MARCH 26. 1996
The regular meeting of the Rosemead City Council was called to order by Mayor
Vasquez 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 Pro Tem Clark
The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach
Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch,
Vasquez
Absent: Imperial (excused)
Taylor, Mayor Pro Tern Clark, and Mayor
APPROVAL OF MINUTES: FEBRUARY 27, 1996 - REGULAR MEETING
This item was deferred for corrections and will be resubmitted for consideration at the
April 9, 1996 meeting.
PRESENTATIONS:
Councilmember Bruesch announced that the Youth Effectiveness System (YES)
received a plaque from the California Youth Authority and acknowledged Lt. Heller and other
YES members in the audience for their valuable contributions to this group. Mr. Bruesch
thanked Captain Mirabella also, who is continuing to recuperate from his accident, for his
efforts in initiating this program.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Ernie Alderete, 4547 Earle Avenue, Rosemead, President of Rosemead American Little
League, stated that their league is losing funds due to having to share the concession stand
with another organization.
Albert Garcia, 3306 N. Kelburn, Rosemead, Treasurer of Rosemead American Little
League thanked the Council for donating $6,000 to their organization two years ago. Mr.
Garcia stated that an agreement exists whereby Rosemead American Little League has 77
days and Rosemead Lady Hawks receive 34 days of snack bar usage and the issue in dispute
is that their league is losing approximately $1000 in revenue during the 4 or 5 days the Lady
Hawks use the snack bar when Little League games are being played. Mr. Garcia continued
that they have had to downsize the number of games played as there is not adequate playing
time for their teams.
Councilmember Taylor stated that a solution needs to be reached as the Lady Hawks
are entitled to use the park also.
Frank Tripepi, City Manager, stated that a meeting has been arranged with the two
groups and the Director of Parks and Recreation.
Discussion ensued about the feasibility of using other sites, such as the Fern Complex.
Michael Burbank, Director of Parks and Recreation responded that the snack bar at Fern
Complex belongs to the Rosemead Rebels.
Councilmember Taylor requested information on the snack bar agreement with the
Rebels.
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Mr. Garcia stated that they are unable to use the park facilities when their games are
scheduled during the week and that they have to conduct meetings or sell candy from their
cars.
Mr. Burbank explained that the meeting facilities at Garvey Park and Zapopan Park are
used extensively during the week and evenings for classes.
Councilmember Taylor requested that all alternatives be in writing for Council's review.
Mr. Burbank stated that a grant has been submitted for $450,000 to increase the size
of Garvey Park Clubhouse, pending voter approval of Prop A Bond on the November ballot.
Juan Nunez, 2702 Del Mar, Rosemead, addressed the problem of posters or signs
placed all over the City on public property.
Councilmember Bruesch stated that City staff removes those signs daily and this
continues to be a problem.
Mr. Nunez distributed and requested information on a letter from "Concerned Women
for America" regarding the U.S. Senate ratification of the U.N. Convention on the Rights of
the Child.
II. PUBLIC HEARINGS - None
III. LEGISLATIVE
A. RESOLUTION NO. 96-07 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $465,457.08
NUMBERED 15787 THROUGH 15924
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK
that Resolution No. 96-07 be adopted. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
B. RESOLUTION NO. 96-08 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 96-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $557,155.32
NUMBERED 15926 THROUGH 16054
Councilmember Taylor asked about Check No. 2571 1 , Abilene Access Ramps.
Fred Wickman, City Engineer, responded that this check covers three Community Block
Grant Programs; the Abilene Street Widening, the Access Ramp Program, and, the 15 streets
involved in this project.
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MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK that
Resolution No. 96-08 be adopted. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. RESOLUTION NO. 96-09 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD DENYING RECONSIDERATION OF AN ENTERTAINMENT
LICENSE AT 3365 WALNUT GROVE #B, ROSEMEAD (CAFE BINH MINH) .
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK to
amend the agenda to include an additional Closed Session, as item IX.C. to consider
threatened litigation. Correspondence was received after the posting of the agenda.
Consensus among the Council was unanimous.
There being no objection, the Mayor deferred item C. Resolution No. 96-09 until after
the completion of the Closed Session.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY NICOLE
SASHLENA CHAU
CC-B AUTHORIZATION FOR CITY CLERIC TO ATTEND CITY CLERKS ASSOCIATION
OF CALIFORNIA ANNUAL INSTITUTE - SANTA BARBARA, APRIL 24-26,1996
CC-E ACCEPTANCE OF GRANT DEEDS FOR LEE STREET - GLENMEAD STORM
DRAIN PROJECT
CC-F REQUEST FROM YMCA OF WEST SAN GABRIEL VALLEY TO HANG BANNER
ADVERTISING CAMP TA TA POCHON BEGINNING APRIL 15 THROUGH MAY
13, 1996
CC-G ACCEPTANCE OF WORK FOR 1994-95 ASPHALT OVERLAY AND STREET
LIGHTING IMPROVEMENTS ON VARIOUS STREETS; CDBG PROJECT NO.
94/95 - P99102
CC-H AUTHORIZATION TO ATTEND 37TH ANNUAL CALIFORNIA CONTRACT CITIES
SEMINAR, MAY 16-19,1996, PALM SPRINGS
CC-1 APPROVAL OF CARNIVAL AGREEMENT FOR THE 1996 4TH OF JULY/CITY
ANNIVERSARY CELEBRATION
CC-K AB 2495 (MARGETT) - CHANGING THE COMPOSITION OF THE
METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS -
SUPPORT
CC-L REQUEST FOR SUPPORT OF SENATOR DIANNE FEINSTEIN'S FEDERAL GANG
VIOLENCE ACT OF 1996 AND METHAMPHETAMINE CONTROL ACT OF 1996
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK
that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
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The Mayor declared said motion duly carried and so ordered.
CC-C TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF NEW AVENUE
AND NEWMARK AVENUE, AND ENCINITA AVENUE AND MISSION DRIVE -
ENGINEERING PROPOSAL
Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that there may a problem with
kids crossing in the middle of the street rather than at the signal.
Councilmember Bruesch responded that the school will need to work with the children
and parents to gain cooperation.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council approve the engineering proposal; direct staff to begin the preparation of the
necessary plans and specifications for the subject traffic signals; and direct staff to order the
traffic signal poles, cabinets, and controllers for both signals. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-D LORICA STREET RIGHT-OF WAY - ENGINEERING PROPOSAL
Councilmember Taylor asked why Lorica Street has a 50' right-of-way with 36' curb-
to-curb street and Abilene Street has a 50' right-of-way with only a 30' curb-to curb street.
Fred Wickman, City Engineer, responded that both streets have a 50' right-of-way and
both will be widened to a 36' standard street.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council approve the engineering proposal; direct staff to being the preparation of the
right-of-way map, design survey, right-of-way engineering, and right-of-way acquisition for
Lorica Street reconstruction; and, appropriate funds of $85,000 from unappropriated State
Gas Tax Fund reserves for the Lorica Street project. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-J AB 2837 (HOGE) AND AB 2840 (HOGE) - ESTABLISHING ADDITIONAL
REQUIREMENTS AND LOCALAGREEMENTS RELATEDTO THE EXTENSION OF
THE 710 FREEWAY - OPPOSE
Robert Angles, 9147 Valley Boulevard, Rosemead, asked why the City is involved with
these bills.
Councilmember Bruesch responded that those opposed to the continuation of the
freeway have formed a Low Build Proposal which will shunt all traffic that exits the freeway
on to Valley Boulevard and Mission Drive, and currently San Gabriel Valley Council of
Governments is asking the State and County for their fair share of the transportation dollars,
which we have never received, and is the reason why the 10 Freeway diamond lanes were
not going to be completed until 2000. Councilmember Bruesch suggested that only through
a unified voice can our San Gabriel Valley hope to get the transportation dollars it needs and,
therefore, Rosemead must join in in calling for the completion of this much needed project.
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Mr. Angles stated that this information needs to reach the residents.
Mr. Tripepi stated that this information will be included in the Chamber Newsletter.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat
the Council oppose AB 2837 (Hoge) and AB 2840 (Hoge) and authorize staff to send the
appropriate correspondence stating that opposition. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. ACCEPTANCE OF STREET EASEMENTS . FOR HIGHCLIFF STREET
RECONSTRUCTION PROJECT ,
Councilmember Taylor asked what is the purpose of these agreements on the agenda
again.
Mr. Tripepi responded the purpose is to accept those agreements if the Council
chooses.
Councilmember Taylor stated that the first two right-of-way agreements at 7616 and
7605-7614 Highcliff are fair; however, the last property at 7610 Highcliff has 280 lineal feet
of wrought iron fence, brick walls, and rolling gates, and he does not agree that such an
option should be offered when the street is going to be completely rebuilt at no charge to the
residents. Mr. Taylor reiterated his previous statements that some of the residents are
receiving nothing and some may not be aware of what the others are receiving and that he
cannot accept the right-of-way agreement at 7610.
Mr. Tripepi suggested that the Council accept the two agreements and direct staff to
renegotiate the agreement at 7610 Highcliff.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council accept the agreements at 7616, 7605 and 7615 Highcliff and direct the City
Clerk to record the deeds together with the certification of acceptance for each deed and
authorize the City Manager to execute the Right-of Way Agreements on behalf of the City;
and to direct staff to renegotiate the right-of-way agreement at 7610 Highcliff. Before vote
could result, more discussion ensued. Juan Nunez, 2702 Del Mar Avenue, Rosemead, agreed
with Mr. Taylor. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
A. REQUEST FROM COMMISSIONER ALARCON FOR REAPPOINTMENT TO THE
TRAFFIC COMMISSION
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council reappoint Commissioner Alarcon to the Traffic Commission. Vote resulted:
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Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. REQUEST FROM COMMISSIONER LOI FOR REAPPOINTMENT TO THE
PLANNING COMMISSION
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council reappoint Commissioner Loi to the Planning Commission. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
VII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Hugh Foutz, City Treasurer, announced that the Prayer Breakfast had been changed
from April 20th to April 27th.
IX. CLOSED SESSION
A. The Council recessed to a Closed Session at 9:05 p.m. pursuant to Government
Code §54956.9(a) to discuss Abalo v. Chevron Chemical Company Case No.
BC 0112 185 and Beniamin Moore & Co. v. City of Alhambra (Operating
Industries Landfill - Monterey Park) litigation for the following purpose:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
B. The City Council met in a closed session, pursuant to Government code
§54957 and §54957.6 for the following purpose: PUBLIC EMPLOYEE
PERFORMANCE EVALUATION - EXECUTIVE ASSISTANT. Conference with
Labor Negotiator. Negotiator: City Manager; Unrepresented employee:
Executive Assistant.
C. The City Council met in a closed session, pursuant to Government Code
§54956.9(b)(1)(3)(C) to discuss threatened litigation. Correspondence
threatening suit was received after the posting of the agenda. The Closed
Session will be for: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION. One potential case.
The City Council reconvened at 9:28 p.m. in an Open Session.
Robert Kress, City Attorney, stated that on item A., the Council received a status
report from the litigation counsel and no action was taken.
Mr. Kress stated that on item B., the Council provided direction to the City Manager
to implement a salary adjustment and reclassification of the Executive Assistant position.
Mr. Kress stated that on item C., regarding potential litigation, the Council received a
report from the City Attorney regarding item III.B. Resolution 96-09, and based upon a threat
of litigation, the Council does not want to entertain Resolution 96-09. Instead, Mr. Kress
continued, there will be a substitute motion to approve the Entertainment Permit sought by
Cafe Binh Minh, subject to the 18 list of conditions recommended by staff at the last meeting,
with an addition to Condition No. 11 that there shall be an immediate notification to law
enforcement by the security guard of the applicant. An additional condition is that this item
shall return to the City Council for review within approximately 60 days after the
commencement of the karaoke entertainment pursuant to the Entertainment Permit.
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Councilmember Taylor requested clarification of Condition No. 11 and asked what will
transpire when the security guard is not present, how can the owner be obligated to call law
enforcement.
Mr. Kress responded that Condition No. 11 can state "management and/or security
guard".
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat
the Council approve the Entertainment Permit for Cafe Binh Minh, subject to the 18 list of
conditions recommended by staff, and that this item be returned for review within 60 days
after the commencement of the Karaoke Entertainment Permit. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch
No:
None
Absent:
Imperial
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
X. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 9:35 p.m. in
memory of Marvin Lowrey, Planning Commissioner, who had been a member of the Planning
Commission since 1975; and in memory of Leroy Young, an active member of the community.
The next regular meeting will be held on April 9, 1996, at 8:00 p.m.
Respectfully submitted:
City Clerk
APPROVED:
C AA-
MAYOR
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