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CC - Minutes 06-08-04NOT O'"F'ICIAL UNTI; ADOPTED BY THE MINUTES OF THE REGULAR MEETING ROSEMEAD ROSEMEAD CITY COUNCIL CITY COUNCIL JUNE 8, 2004 The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 8:04 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 Tern Imperial. The Invocation was delivered by Reverend Jonathan Wu of Evergreen Baptist Church. ROLL CALL OF OFFICERS: Present: Councilmembers Alarc6n, Vasquez, Taylor, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: NONE At this time, the Council presented Reverend Wu with a plaque for coordinating the first Rosemead Big Day, held on June 6, 2004. This was a collaboration of churches in Rosemead, whose congregation volunteered their services to clean up the community. Reverend Wu thanked the Council and staff for their assistance in coordinating this event. Reverend Wu stated that approximately 500 volunteers from the churches participated in 31 different clean-up projects around the City. PRESENTATIONS: A. Kelly Middleton, of the San Gabriel Valley Mosquito and Vector Control District presented an update on the how the West Nile Virus has spread throughout the San Gabriel Valley. Ms. Middleton stressed the importance of ridding yards of standing water to prevent mosquitos from breeding and spreading the virus to birds, animals and humans. B. The Council recognized the Rosemead High School Wrestling Team. Coach Madrigal thanked the Council and staff for their support. Coach Madrigal continued that the wrestling team practices 12 months a year to achieve their goals and that this is their 2"d CIF title in two years. The Coach then introduced the team. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE CCMIN:6-08-04 Page # I Juan Nunez, 2702 Del Mar, Rosemead, complained about the street vendors in his neighborhood. Mr. Nunez stated the vendors appear several times in the evening and asked who should he call to report this as he was told by the Sheriff's Department that they no longer handle that type of complaint. Don Wagner, Assistant City Manager, replied that staff and the Sheriff's Department is aware of the vendor problem and that they do respond to those calls. Mayor Pro Tern Imperial stated that the Deputies are responding to calls, but this is an on-going problem with the vendors. H. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER PROTESTS RELATING TO THE IMPOSITION OF LIENS ON REAL PROPERTY IN CASES WHERE THE RUBBISH COLLECTIONS OF SAID PROPERTY HAVE BECOME DELINQUENT The City Manager presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak for or against this item. Juan Nunez, 2704 Del Mar, Rosemead, stated that some trash cans are still filled to overflowing, causing trash to be blown around the streets. Councilman Taylor stated that one solution is that Consolidated drivers not pick up the overflowing cans. People will call in to find out why and they can be informed at that time of the trash can guidelines. Mayor Clark stated that the trash should be picked up regardless, and perhaps the driver can make a notation of who is overfilling their trash cans, and those people can be contacted and warned. Mr. Nunez stated that many people do not recycle, that only a few of the recycle containers are put out on the curb. The City will be fined for not reducing our trash tonnage. Mayor Clark requested that a notice to recycle be placed in the City's newsletter. Councilman Taylor asked why the same person is listed seven times in the delinquent account list and her name appears year after year. Mr. Crowe replied that the owner has been taken to Court previously yet she continues to run up her trash charges. CCMIN:6-08-04 Page #2 There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that upon the close of the Public Hearing, staff be directed to take the necessary steps to place liens on those properties that have not paid by 6:00 p.m. on June 30, 2004. Vote resulted: Yes: Alarcon, Vasquez, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2004-22 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $422,474.45 NUMBERED 45284 THROUGH 45453 MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 2004-22. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor inquired about Check No. 45380 in the amount of $8828.58 to Traffic Operations for traffic signs. Mr. Taylor asked what type of traffic signs are these? Ken Rukavina, Traffic Engineer, replied that they are bills from Traffic Operations to replace signs that have been damaged, hit, vandalized or graffitied. Councilman Taylor asked for a copy of those bills as the amount seems to be excessive. CCMIN:6-08-04 Page n3 IV. CONSENT CALENDAR (Item CC-B was pulled for discussion purposes) CC-A PROPOSED ADDENDUM TO GROUND LEASE AGREEMENT BETWEEN THE CITY AND AT&T WIRELESS FOR PROPERTY LOCATED AT 9101 MISSION DRIVE CC-C AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES TO PROVIDE A GANG ALTERNATIVE PREVENTION PROGRAM (GAPP) CC-D REQUEST FROM ROSEMEAD KIDS WRESTLING CLUB FOR FIREWORKS STAND PERMIT MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Alarcdn, Vasquez, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-B RESOLUTION NO. 2004-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF LOS ANGELES AND TO PROVIDE ENFORCEMENT OF A STORMWATER AND RUNOFF POLLUTION CONTROL PROVISIONS OF THE CITY MUNICIPAL CODE Councilman Taylor requested clarification regarding what fees are going to be charged and what agency will implement the program. Ken Rukavina, City Engineer, explained that there are two classes of permits for industrial waste, which are Class A. Mr. Rukavina continued that when the Board of Supervisors amend their ordinance to collect fees, the City will bring forth an item before the Council to adopt the County's fees to offset the City's costs and at which time the restaurant inspection fees will be addressed as well. Councilman Taylor referred to the County Code section which requires any industrial or commercial facility to have an NPDES permit or I.D. number, a monitoring program, stormwater quality data and evidence of self inspection. Mr. Taylor asked how does each business meet those requirements. CCMIN:6-08.04 Page #4 Mr. Rukavina replied that this is the Los Angeles County Ordinance, not the City of Rosemead. The City is not adopting their ordinance or necessarily requiring those particular items. Councilman Taylor asked how can he distinguish what is the County ordinance and what is the City's. Mr. Rukavina stated that the County Code was for the Council's information only, and the item tonight is to approve the Agreement to have the County do the inspections for the City under the guidelines of the City ordinance already adopted. Councilman Taylor stated that this is confusing and asked what does apply. Robert Kress, City Attorney replied that the documents in the staff report were received from the County, and the majority of them are backup to the County's proposal to provide those inspections. Mr. Kress stated that all the City is doing is engaging the services of Los Angeles County Department of Public Works to do the necessary inspections. Councilman Taylor asked how the County inspectors are going to meet the August 1 2004 deadline for first inspections, and what occurs if they don't meet that requirement. Mr. Rukavina replied that the August 1, 2004, deadline was imposed upon the City's by the Regional Water Quality Control Board as part of the NPDES Permit. Mr. Crowe added that the letter included in the staff report from the L.A. County Department of Public Works indicates that they are aware that they will be hard pressed to accomplish this task by the Permit deadline for the first-round inspections date of August 1, 2004. That Public Works will begin implementation of inspections as soon as Agreements are received, and they are prepared to intercede on behalf of the City with the Regional Board. Councilman Taylor asked how do the businesses obtain the Stormwater Quality Data showing that they are not polluting the storm drains. Mr. Rukavina replied that is the County's ordinance and it does not apply. Councilman Taylor asked where is the City's ordinance so that he can ascertain what the City is doing. Mr. Taylor stated that he will not vote for this item because of the confusion. Mayor Clark stated that she has been fighting this issue for years and there is no rhyme nor reason to it, but there are deadlines that the City has to meet. Councilman Taylor discussed the cost of the inspection program for Permits, Annual Fees and Stormwater Sampling fees. Mr. Taylor stated that the County will bill the City for inspection services. Councilman Taylor stated that he does not think this is appropriate. CCMIN:6-08-04 Page a5 MOTION BY COUNCILMAN ALARCON, SECOND BY COUNCILMAN VASQUEZ that the City adopt Resolution No. 2004-16, approve the Stormwater Agreement and authorize the Mayor to sign the Agreement. Vote resulted: Yes: Alarc6n, Vasquez, Clark, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Alarc6n requested a copy of the City's Ordinance. Councilman Taylor stated for the record that he voted No on this item, and requested a copy of the City's Ordinance. V. MATTERS FOR DISCUSSION AND ACTION Mayor Clark stated that she attended the Los Angeles County Board of Supervisors Hearing today regarding the ACLU lawsuit to remove the miniscule cross from the County seal. The vote was 3-2 in favor or removing the cross. Mayor Clark reported that there was only one proponent for removing the cross and the hundreds of people present were against taking it off. Mayor Clark stated that this action trivializes the civil liberties that have been fought for in this country for centuries - for ethnic, gender, religious freedom and equality. Mrs. Clark continued that she is angry with ACLU and the three Supervisors who voted to remove the cross, because now our tax money is going to go to fight the lawsuit after the County was offered pro bono work by organizations willing to take the lawsuit to the Supreme Court to defend the cross as an historical part of California history. Councilman Vasquez stated that he received a letter from Assemblymember Judy Chu requesting that the E.I.R. be lengthened from 45 days to 90 days. Bill Crowe, City Manager, replied that a letter will be sent to Assemblymember Chu outlining the facts and indicating that the length of the public review period is within the parameters established under CEQA guidelines and there is no reason to extend the time. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT CCMIN:6-08-04 Page n6 There being no further action to be taken at this time, the meeting was adjourned at 8:30 p.m., in memory of CHI' Officer James Goodman, who was killed in the line of duty. The next regular meeting will be held on Tuesday, June 22, 2004, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN:6-08-04 Page #7