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CC - Minutes 03-28-00A' NOT O.=F/C/AL UNT)A' ADOPTED BY THE ROSEMEAD MINUTES OF THE REGULAR MEETING CITY COUNC/L ROSEMEAD CITY COUNCIL MARCH 28, 2000 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 Councilman Taylor The Invocation was delivered by Pastor Tony Rodriguez of the First Presbyterian Church ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: - FEBRUARY 22, 2000 - REGULAR MEETING MOTION BY COUNCILMEMBER TAYOR, SECOND BY COUNCILMEMBER BRUESCH that the Minutes of the Regular Meeting of February 22, 2000, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CITY COUNCIL REORGANIZATION SELECTION OF MAYOR Frank Tripepi, City Manager, opened the nominations for the office of Mayor for the City of Rosemead. Councilman Imperial placed the name of Mayor Pro Tem Clark in nomination for Mayor. Motion seconded by Councilman Bruesch. Motion by Councilman Taylor, second by Councilman Bruesch that nominations be closed and that Ms. Clark be appointed to serve as mayor for the upcoming year. A unanimous vote resulted. 2. SELECTION OF MAYOR PRO TEM Councilman Vasquez placed the name of Councilman Imperial in nomination for Mayor Pro Tem. Motion seconded by Councilman Bruesch. A unanimous vote resulted. PRESENTATIONS: Outgoing Mayor Vasquez received recognition for his past year as Mayor for the City of Rosemead from the following: A certificate from Congressman Matthew Martinez, Pearl Fu representing Senator Hilda Solis; Henry Lo representing Assemblywoman Gloria Romero; Tina Herzog representing Supervisor Gloria Molina; Ernesto Villegas representing the El Monte Union High School District; Fred Mascorro, Boardmember and Amy Enomoto-Perez, Superintendent, representing the Rosemead Elementary School District, John Nunez representing the Garvey School District; Captain Neil Tyler representing the Sheriffs Department; Battalion Chief Doliva representing MON:3-28-00 Page 9 1 the L.A. County Fire Department; John Steelesmith representing Southern California Edison; Roberta Trujillo representing West San Gabriel Valley Juvenile Diversion; Anthony Robles representing the Rosemead Boys and Girls Club; Gloria Gill representing the West San Gabriel Valley Juvenile Diversion; Mary Jo Maxwell and Gilbert Villa representing the Rosemead Chamber of Commerce; Nadine Gomez representing Career Partners; and Rosalie Calderon representing Pacific Bell. The Councilmembers presented out-going Mayor Vasquez with an engraved gavel plaque. A 3-minute recess was taken at 8:25 p.m. and reconvened accordingly. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, asked about the status of the City's trash reduction efforts to divert 50% of solid waste by 2000. Councilman Bruesch stated that all cities are doing the best they can and are learning as they go along. Frank Tripepi, City Manager, stated that the average reduction county-wide is 28% and that a consultant is conducting a study of our base share numbers which will be provided to Council when they are available. Mr. Nunez asked when will fines be levied? Councilman Bruesch responded that three cities in the San Gabriel Valley have received letters from the State Waste Board stating they are under the aegis of being fined. If the solid waste legislative item being discussed tonight is approved, it will place emphasis on good faith efforts rather than exact tonnages. Councilman Taylor requested copies of the letters sent to those three cities. Mr. Taylor stated that the fines are $10,000 per day and he would like to keep track of those cities that have been challenged. Mr. Nunez stated that the blue recycling trash cans are not widely used in his neighborhood. Councilman Bruesch responded that the recycling market is paying a high rate and people are collecting and returning their recyclables to those centers instead of putting them in the containers. H. PUBLIC HEARINGS - None III. LEGISLATIVE A. RESOLUTION NO. 2000-10 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2000-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $712,633.56 NUMBERED 29913 THROUGH 30170 Councilman Taylor requested explanation memos regarding the City Business Meeting, account no. 4110-6450-01, in the amount of $54.63; the County of Los Angeles Public Library/Business Research, check no. 30119, in the amount of $256.60, and, Industrial Strength/Stormwater Ad, check no. 29961, in the amount of $1430.82. CCMIN3-28-00 Page 42 MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 2000-10. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 2000-11- AUTHORIZING SUBMITTAL OF FUNDING REQUEST FORM UNDER CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LETTER REDUCTION ACT The following resolution was presented to the Council for adoption: RESOLUTION NO. 2000-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING SUBMITTAL OF FUNDING REQUEST FORM UNDER CALIFIORNIA BEVERAGE CONTAINER RECYCLING AND LETTER REDUCTION ACT MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution No. 2000-11. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 2000-12 - AUTHORIZING SUBMITTAL OF FUNDING REQUEST FOR USED OIL RECYCLING BLOCK GRANT The following resolution was presented to the Council for adoption: RESOLUTION NO. 2000-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING SUBMITTAL OF FUNDING REQUEST FOR USED OIL RECYCLING BLOCK GRANT FOR MULTIPLE YEAR, MULTIPLE GRANT APPLICATIONS MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt resolution no. 2000-12. Before vote could result, more discussion ensued. Councilman Taylor asked if there is a designated recycler for the City. Councilman Bruesch stated that more of the stores that sell motor oil are beginning to accept used oil. Frank Tripepi, City Manager, stated that he returns his oil to the local Masterlube in his area. Juan Nunez, 2702 Del Mar, Rosemead, asked if these programs are in conjunction with the County toxic waste programs. CC\nN:3-2s-00 Page 0J Councilman Taylor stated that it covers both, and that this grant is a rebate back to the City to implement the programs and activities. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared, said motion duly carried and so ordered. D. RESOLUTION NO. 2000-13 - SUPPORTING THE PETITION TO THE STATE WATER RESOURCES BOARD CONTESTING ACTION TAKEN BY THE LAWQCB The following resolution was presented to the Council for adoption: RESOLUTION NO. 2000-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING THE PETITION TO THE STATE WATER RESOURCES BOARD CONTESTING ACTION TAKEN BY THE LAWQCB IN CONNECTION WITH STANDARD URBAN STORMWATER LARWQCB ORDER NO. 96-054 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution No. 2000-13. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 2000-14 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING AB 1939 (VINCENT & MARGETT) AND AB 2067 (WASHINGTON) - SOLID WASTE DIVERSION REQUIREMENTS - SUPPORT MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution NO. 2000-14. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. F. ORDINANCE NO. 802 - AN URGENCY ORDINANCE IMPOSING A 45- DAY MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR OTHER ENTITLEMENTS AT FOUR DESIGNATED AREAS ON VALLEY BOULEVARD AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A STUDY TO DEVELOPING APPROPRIATE ZONING CLASSIFICATIONS - ADOPT CCMIN:3-28-00 Page,A MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Urgency Ordinance No. 802 on first reading. Before vote could result, more discussion ensued. Councilman Taylor stated that he intends to vote No on this item. Mr. Taylor asked if businesses that are trying to improve their property are allowed under the current zoning ordinances. Frank Tripepi, City Manager, responded that they are, and that the purpose of the moratorium is for the Council/Agency to decide what is the best land use for those properties. Councilman Taylor stated that we are now imposing restrictions on landowners improving their property. Simon Lee, Architect for the project at 9743 E. Valley Boulevard, stated that this project was approved by the Planning Commission last year, and they have since continued to work on completing their drawings for submittal to the Planning Department. Mr. Lee stated that he hopes their project will be exempt from the moratorium. Mr. Lee stated that by declaring a moratorium, a developer is left without any protection. Mr. Lee explained that the project will consist of an office and warehouse. Councilman Taylor asked Mr. Lee what process have they gone through so far. Mr. Lee responded that they have just completed their architectural, structural, plumbing and mechanical plans for approval and submitted them this morning. Councilman Taylor stated that under the redevelopment process, every property could be condemned under eminent domain. Mr. Taylor asked Mr. Lee if he was aware of how the redevelopment process works, that a bigger, better development or developer could approach the Redevelopment Agency wanting to take their property. Mr. Taylor stated that putting restrictions on these four parcels is just the beginning of this process, and that there are approximately another 175 parcels in that same position once the Agency approves declaring this area a Redevelopment Project Area. Mr. Taylor stated that he favors the free enterprise system whereby a developer works with the system, and that this moratorium is contrary to encouraging businesses. Mr. Taylor stated that there are many small businesses in this community that are entitled to develop their properties and use them, and that is why he intends to vote No on this item. Mr. Tripepi stated that upon meeting with the developer this morning, staff did not feel another 45 days would be an imposition as neither plans nor requests for permits have been submitted since September of last year. H.G. Robert Fong, representing Kevin Chuan, owner of property at 9743 E. Valley Boulevard, stated that establishing this moratorium is a big disincentive to a business owner. Mr. Fong stated that he is puzzled by the exception clause in the Ordinance as it is vague. Mr. Fong stated that at this time, he cannot say whether his client's project is consistent or not with the proposed redevelopment plan, as there is not a plan established at this time, and that there is no criteria that he can address. Councilman Taylor recommended that Mr. Fong be at City Hall tomorrow to start proceedings. Mr. Taylor stated that the recommendation of the consultants is that the City have the power of eminent domain to condemn any property from San Gabriel to El Monte within the redevelopment project area. Mr. Tripepi asked Mr. Fong if he was aware that his client was negotiating a 10-31 exchange with another developer for that property? Mayor Pro Tern imperial stated that it is the Council's obligation to make the best decisions for this community. MINN 3-28-00 Page #5 Councilman Vasquez called for the question. Vote resulted: Yes: Bruesch, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A AUTHORIZATION TO ATTEND 41sT ANNUAL CALIFORNIA CONTRACT CITIES ASSOCIATION SEMINAR, MAY 18-21,2000, PALM SPRINGS CC-B REQUEST SIGNAGE AT 4655 FENDYKE AVENUE CC-C REQUEST FOR SPEED BUMPS ON ROCKHOLD AVENUE BETWEEN MARSHALL AVENUE AND OLNEY STREET CC-D AUTHORIZATION TO JOIN WATERPOWER: THE CLEAN ENERGY COALITION MOTION BY COUNCILMAN VASQUEZ, SECOND BY MAYOR PRO TEM IMPERIAL that the foregoing items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION VI. SUPPORT OF AB 8 (CARDENAS) ALLOWING EQUAL REPRESENTATION IN THE LOS ANGELES COMMUNITY COLLEGE DISTRICT MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that if the Council supports this legislation, that staff be directed to prepare the necessary correspondence for the Mayor's signature. Before vote could result, more discussion ensued. Councilman Taylor asked if this legislation will affect local school districts as well as the community college district. Councilman Bruesch stated that the intent of the bill is to allow equal representation at East Los Angeles Community College. Councilman Taylor read a section of the Ordinance that pertains to adjusting boundaries of trustee areas by the governing board of each school district or community college district within time constraints imposed by the decennial census. CCMIN:3-28-00 Page -6 Councilman Bruesch stated that this is already being done throughout the State, and that the Alhambra School District has been readjusting their boundaries. This bill will give the right of E.L.A. Community College to have their own board and will not change anything in other districts. Mayor Pro Tem Imperial stated that he called Assemblyman Cardenas' office for clarification and was told that this bill will guarantee equal representation for all areas within the E.L.A. Community College District. Councilman Taylor referred to two Resolutions on the agenda tonight that are going back to their originators for cleanup work on them. Mr. Taylor stated that he does not have a problem with the E.L.A. Community College area, but the other language in there referring to school districts are not clear and he cannot support this item for that reason. Mr. Tripepi stated that there is time to clarify this bill before Assemblyman Cardenas will request support of his bill. There being no objection, the Mayor deferred this item pending further information on this bill. VI. STATUS REPORTS - None VH. MATTERS FROM OFFICIALS Councilman Vasquez thanked the Council and Temple Station for their support during this past year. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:17 p.m. The next regular meeting will be held on Tuesday, April 11, 2000, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR MI N3-28-00 Page g7