CC - Approval of Minutes 06-08-99 NOT 0 F/CIAL
ADOPTED BY THF:
MINUTES OF THE REGULAR MEETING ROSEMEAD
ROSEMEAD CITY COUNCIL
CITY COU:'VC/L-
JUNE 8, 1999
The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:02
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 Vasquez
The Invocation was delivered by Councilman Bruesch
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and
Mayor Vasquez
Absent: None
APPROVAL OF MINUTES: - NONE
PRESENTATIONS:
The Council presented a proclamation to Anthony White, a Rosemead High School
student, for his many achievements in football, basketball and track. Anthony received the 1998
High School Heisman Award and was selected from a nationwide pool of outstanding scholars
and athletes.
Mr. White thanked the Council and hoped they would continue to recognize the
achievements of outstanding students.
V. MATTERS FOR DISCUSSION AND ACTION
C. STATUS REPORT- PARKWAY TREES ON VALLEY BOULEVARD
(This item was taken out of order)
Frank Tripepi, City Manager, presented the staff report, and stated that after an extensive
search for the Sweet Shade Trees, the 36-inch box trees are not available at present. Mr. Tripepi
stated that there is an alternate specie that the Council can consider. However, staff recommends
staying with the Sweet Shade Trees and waiting one year until the available 24-inch box trees
grow into the 36-inch box trees.
Councilman Taylor stated that he agrees and that the trees should have been purchased or
set aside when they were available. Mr. Taylor requested a list of all the nurseries that were
contacted.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council approve staying with Sweet Shade Trees, and to wait until next May to plant 36-
inch box size trees. Before vote could result, more conversation ensued.
Councilman Bruesch cited the example of the City of Alhambra planting 15 gallon, 4-inch
trees a few years ago. Vandals drove down the street and destroyed or broke about one dozen
trees. Mr. Bruesch stated that he would rather wait one year for the trees to reach the 36-inch
box size, which would provide some shade, rather than plant the smaller ones now and risk
damage by vandals.
Councilman Taylor clarified that substandard trees would not be purchased now and then
wait for one year until they qualified for 36-inch box size, and that there is the option of
purchasing the 36-inch box trees now should they be available.
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Page 11
Frank Tripepi, City Manager, affirmed that the Council's decision is to remain with the 36-
inch box Sweet Shade Trees which will be planted next May.
Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Taylor
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Gilbert Villa, Rosemead Chamber of Commerce President, extended an invitation to the
Council to attend the Rosemead Chamber Installation Dinner on Thursday, June 24th, at the
Rosemead Sheraton Hotel. Mr. Villa stated that the "Eggs and Issues Breakfast" will be held on
June 24th at the Valley Grill.
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the public hearing was presented by
the City Attorney.
A. PUBLIC HEARING - ORDINANCE NO. 794-AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ROSEMEAD GRANTING TO
SOUTHERN CALIFORNIA WATER COMPANY, A FRANCHISE TO
LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER
FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES,
IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS,
WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ROSEMEAD -
INTRODUCE
•
The Mayor opened the Public Hearing for those in the audience wishing to speak on this
item.
There being no one wishing to speak, the Mayor closed the Public Hearing.
Councilman Taylor requested that the franchise date be changed to cover a 10-year period
instead of 25 years for the purpose of a review process by the Council in office at that time.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council introduce Ordinance No. 794 with the amendment that Section 3. now read May
22, 2009, instead of 2024. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Bruesch asked if Southern California Water is planning on expanding their
property on Delta Avenue in Monterey Park, and what effect the noise level would have.
Peter Lyons, Planning Director, responded that that Center is going to be rebuilt and
modernized and that the noise level will not exceed the City's noise Ordinance.
CC:6-8-99
Page d2
Councilman Taylor requested clarification on Section 8 - "The franchise granted hereunder
shall not in any way or to any extent impair or affect the right of City to acquire the property of
Grantee hereof either by purchase or through the exercise of the right of eminent domain, and
nothing herein shall be construed to contract away or to modify or abridge, either for a term or in
perpetuity, City's right of eminent domain in respect to Grantee or any public utility; nor shall this
franchise ever be given any value before any court or other public authority in any proceeding of
any character or in the event of the purchase by City of assets or property of Grantee, in excess of
cost to Grantee of the necessary publication and any other sum paid by it to City therefor at the
time of acquisition."
Robert Kress, City Attorney, responded that the last sentence regarding "necessary
publication" means that the City is required to publish a public notice of the City's intent to grant a
franchise, which was published, and the Water Company reimburses us. Mr. Kress continued that
if the City ever determines to condemn the franchise, the City would pay fair market value under
the eminent domain law and there would be no separate valuation for the franchise.
IH. LEGISLATIVE
A. RESOLUTION NO. 99-25 CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 99-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
5770,800.14 NUMBERED 27179 THROUGH 27313
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER
BRUESCH that the Council adopt Resolution No. 99-25. 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. 99-26 - APPROVING THE RENEWAL OF THE LAW
ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD
AND THE COUNTY OF LOS ANGELES
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 99-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT
BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS
ANGELES AND REQUESTING THE CONTINUATION OF ADDITIONAL
LAW ENFORCEMENT SERVICES WITHIN THE CITY OF ROSEMEAD
FROM THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT UNDER
THE CITY-COUNTY LAW ENFORCEMENT SERVICES AGREEMENT
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt Resolution No. 99-26. Before vote could result, more conversation
ensued.
CC-6-8-99
Page a3
Councilman Bruesch requested an update on the liability trust fund collaborative effort.
Councilman Taylor asked if the 6% liability is a separate payment that is set aside from the
Joint Powers Agreement.
Frank Tripepi, City Manager, responded that the 6% is the portion set aside into the
liability trust fund.
Councilman Taylor asked about the status of the $25 million lawsuit (Telamavayo)
negotiations.
Mr. Tripepi, responded that the many cities in Contract Cities voted to stay with L.A.
County and keep the rate at 6%, rather than switch and take the liability trust fund away from the
County. Mr. Tripepi continued that under another program, the rate may
Councilman Taylor rea have gone to 8%.
the additional law enforcement items memo on that aforementioned status. Mr. Taylor asked if
listed on the Resolution will be added costs.
Mr. Tripepi responded that those items are budgeted for in the annual budget with little
increase from last year. Mr. Tripepi stated that those items are not additional to the bud
they are accounted for.
get and
Councilman Taylor asked if the Sheriffs increase is included in the budget.
Mr. Tripepi responded that their increase is included in the final budget and there will be
no additions after July 1st.
The question was called for. Vote resulted:
Yes: Bruesch Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Bruesch stated for the record that through the
tremendous turnaround in the response time of the
Program g years he has noticed a
g where more personnel is involved with schools[and street activities.s. Mr. Bruesch stated
that he applauds and thanks the Sheriffs De with the COPS
Department for their great service to our community.
C. RESOLUTION NO. 99-27- SUPPORTING AB
147
STATEWIDE GRANT PROGRAM IN AN EFFORT
TOOTO) CREATING A INCREASE BIKE
AND PEDESTRIAN SAFETY AROUND SCHOOLS
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 99-27
A RESOLUTION OF THE CITY CO
TO SUPPORT AB 1475 (SOTO) CCB"EATING A THE CITY COMPETITIVE STATEEAD
GRANT PROGRAM FOR CAP TAL PROJECTS, IANESTATEWIDE
INCREASE BIKE AND PEDESTRIANIROUND SCHOOL
S'`�ETY AROUND SCHOOLS
MOTION BY COUNCILMAN BRUESCH, SECOND BY
MAYOR PRO TEM CLARK
that the Council adopt Resolution No. 99-27. Vote resulted:
CC:6-8-99
Page k<
Yes:
q
No: Brvesch, Vas uez, ^
Absent: Taylor Clark, Imperial
Abstain: None
None
The Mayor declaredcyrp
said motion duly carried and so ordered. ;/
Councilman Taylor stated t
safety, he voted No as he that while
the schools couldheigis ort opposed to increasing
edestrian
system that needsnot Justify voting for this bill when
rates poolof high steo to be addressed. therem are bikeand h op-out
ate stated that the school
ndnd0 e ever increasing schoTaylol udited as now at $7s the lhi jor nr Mems
place schools,putting
t couldg another better u0 million into this type of program,
now at billion °Pivot
W. CONSENT CALENDAR
the education of studenwhich may already be in Taylor
NDAR (Item CC-A was removed for disco
CC-B APPROVAL OF FIREWORKS STAND scion purposes)
q O P sec)
CC-C AUTHORIZgq•ION TLOCATION
CITIES EXECUTIVE OFATTEND THE LEAGUE OF
RUM, MONTEREY, CA , 1999 L9
CC-D AUTIIORIZA TI JITLY 28-31, 1999
INVESTIG ON TO ATTEND THE 1999
ATORS SEMINAR ORANGE, SEPTEMBER
GANG
MOTIONByCOUNCILn,I
that the foregoingN BitY
8-10, 1999
Yes: on the Cons�Cale Calendar be approved pOND BVotOe NCedMANiBRITESCH
Brvesch, T resulted:
No: None Taylor, Vasquez, Clark,k, Imperial
Abstain: None
None
The Mayor declared said motion duly carried and so ordered
Taylor aylor
cil CTa asked if any Council
member
member can attend the Asian Gang Conference,
referring to
Councilmember Imperial
sponded
hat he has
past and it allows^him taeeofwhat isthappening int and around f thesem conferencesity. in the
e
conference Taylorstated that he isour community.
e now open toher(flyer states "Limited to Imperial
trialnforceme, butPis the
Only") pany Councilmem favor of Councilman
Councilman I Law Enforcement Personnel
approval or clearance
theeAssoced that a
arancI from responded
Council
anon. Person attending may have t
Councilman T to have prior
CC-A EXTENSION
requested a report back from the conference.
ENSI OFAGREEMENT
_pq
R�'AY AND MEDIAN LANDSCAPE
MAINTENANCE
Councilman Bruesch a
$420.00. sked about Exhibit B-2. Landscaping on Valley Boulevard (CBD),
Michael Burbank, Director ofp
has been torn est for ahe Vairec or ofParks and
ne. ecraaion responded
thatbtn the ping
haw trees are plumed d street project,
ne
The price will then beprices have sincelandscaping
cc:s.a-g9 negotiated.
suspended until the
Page 43
that the MOTIONBY COUNCILMAN
Council aten Ex-tension ofAg eemem nt o another h edYearEcobD[Bhe Mayor ob PRO TEM CLARK
execute the
e
Yes:
No: Bruesch, Taylor, V e authorized to
Absent NoneVasquez, Clark, Imperial
Abstain: None
None
V.
MATTERS FOR DISCUS The Mayor declared said motion duly
carried and so ordered.
A SIGN AND ACTION
L
MOUNTAIN'S l IS CORMATION REGARDING THE SANT
CONSERVANCY
and HavceTriPepi, City Manager 'q MONICA
the L.A.Frank) T n ng rough the gislaturpresented the staff re
port, and letters indicating
the L.A. that Division
ofthe League (Califil can eta Cities e, have end Tripeamendedpi
to reflect the conte ed that the two bills (Solis
o
League and so support thosePapt slated that the ns outlined by
g
me cities requested, bills since they now incorporate
has sent
Councilman o'Porate the
reading over the Taylor staled that he re
in their Minutes, that
in order to ogver
n arse Minutes,of existence. Mr,as maTated stated
theamountofrpro pe be placed on the agenda
by the Conservancy
Angeles and San Gabriel River formation on their operation
e Yion as it will probably beduplicated ai last o budgets
Councilmembwith
audience, be given a copy Clark requested that the Los
f
disappointed
the case
the L A. as the
e covterage of the City's those bills.[or Clark stated e
in the
Plied Tim
the Coun
were he °ase at all. Ms. negative toward they'm reaction on toward fated that she was
ofa
the
ofthose
re died thoroughly.appreciates
a u However,
er the
h eTimese [sark continued temed °nchasti River'sme Ccity f rie as and the sthat
it
quested that
bills and Y the se had so Conservancy, and
C
No the Senator's efforts.Senator Solis that the City for its now
action was requiredCouncil is noMs.
on this item. w in support
E.
RECONSIDERA T
COMMITTEES: PON OF IC J4 (GRANI,UND) -POLITICAL
Councilman PUBLIC ENTITIES
by the Leake of Taylor referred to the B
be given t0 Califsnia Cities toe Ylaws of the
stated [hany candidate enter into Action for Better
at accordingcandidate, they can campaign issues, Cities ABC
the Boar Direc d to the Bylaws, the use the money to support
es, u'htch states t ) created
Board of ylaw e or
stated that tors, and vasa League of California oppose t n0 money shall
allowed this results in an vacancies willfillednia Cities Y issue.
Taylor
which the issues.l Irl The rgan organization will
th control MreTaylor
' uonm^ onvote any ofse knit" majority vote Boar of ofsel
eby none
aylor
at a
s and
" u sto ]I thars edlbytty o dr ec ors shall constitute to t onrl o sfthe ofthcM s will be
hose a ct
Ppose on t directors will have least a majority a quos bylaws, entitled
he ballot and thisll available a S20 million °f the quorum. Mrm' which may transact
e inued onve process and
ntinuedSection l I.enable themll eto oppose r for other public agencies tPut what they wanted that
to
ntcntors may Participate i ' entitled or support e to be [o
Tele hone and Electronic
issues the
able to side-step
�c[ors 6emonitored?
equipment as 1 through use of met n1e telephone
which states
nequilong certain criteria . Mr. tele ales that
How does the Brown Act is met Mr. Taylor
ase or other electronic
s9 apply to those meetings ed how will
frownCouncilman
hasct
had Aocaatrom and the organization
Commenred that be
their share of ifferenes al statedions always sup the aforementionCities
ed conflicts with the
agency to form a PAC�d Manager, ex ons of California Cities Californiais Contract
that Plaine irstpuand
Councilman
o Council a number f h that the League
Contract Cities
r
Prop
to umo s't Court al and
ylor stated that
can Tayjor requested
ta list oftheeorganizations
ga organizations t have done bsy the first public
taxation of a special districts, es of change, such as, return ng to the information
nfor cations that
have
to
horize
e fair
uacounties,
si10 tuation. elections,The l the St telephone atnd Internet majority vote approvalproperty the Langue ormed pposed
roposition
Prost years,be able to State Legislature.tam received the majontY of votes
Taylorf al toes change ax revenues th e ti sp rt
inued that
n 13
Taylor
a wit h th pinto oras anate ater h ee StatePouncilnan Taylor sat the Sth tated t e d dra Wortlims that
t theand the y t
not aoiizetimed that money
by the and that the people,
ABnot
now clahave ims
ng to end
Californiar.
Contract
these
Councilman
oy cPut into these whereas, local cities cannot at larch control over that they o
ge, will be
es
money.
Councilman Cities does good ob Taylor stated that communicating
Lear rganizations can be used to p wall fundsYm� cities
he rums, even B?uesclstated tharuesch t
that clout `ntnunicating to the Lue of Ceariforn a Cities mote a publicgency
believes u h the e t the reason comes from
gts/azure. and
thatbachas the ciriesrhe League net State surplus why counties the cities
organizations
re
has to be dealt wiand th.
unties needssome
B e son of fiscal money and
have not received have the most
Association doth an Taylor ask n1esch stared that he doesclout to inot like urn e of that budatinued that
get
Pep( Cexplouncil n T yl or to return the asked
at is the
to hguetofCalifornia Ci that Conbuttract
c is something
Tri
'ffect are those ed that the led that the es. rues and Co
ties They woe cepi responded
d ed t majority the League has taken ntract Cities
posi
ion on ERAP
uld be
ede pecontributed
°nh b efficient,
and raid could a I amount nt the their budgetsoney returned ,w ld et to thehigh ars. Mr.
Tripepi no at
doll
,rent Pi stated that the State co have a City ry lost. Howevenr,
ref inefficient, and hies, which in
as
Councilman Taylor
just cities with low to moso serves de larger citieswithr th a erncitiesewith any monies are contract cities,
Taylor stated Y or sta ate pro high pro property A 1
),ninten return the aylor s the State overall the ABC Pent taxes_ pelts taxes d with
.tahs.
money
he just
stated that back to cities, and has S4 billion fll or more
endorse
rte when tared. Councilman wants to go same goes for
he in excess eral issues for the
on
a terr Pro Tem a Cl ou s a people
initiated pet i statedor that n therd tLeagdhat he as ors`(Crareserves nium)
they dor
ill fbY asking that stated that blaming Prop 1&")for the
agre
e is
e a
messae the ge tow) continue
esult M the Legislature
t t here telling
the fives with
oval firman Taylor on the State
ore
that the
for
ties to
ir
to the League. to take more money awayeZs Clarti mstafed that
ti sClarksatea
e will
Councilman
or emphasized
actions on the
conducted by phone.Committee and according that no other cities
V• STATUS REPORTS to their bylaws their lmeei meetings and actions
on any
VII -NONE
Mons can be
VII o ITERS FROM OFFICIALS-NONE
COMMUNICATIONS F
ADJOURAMENT ROM THE AUDIENCE_NONE
•
There being
P m, The next renmeeting will o further actiontoe
held on Tuesday,at this
m he meeting was adjourned 00
22, 1999, at 8:00 p.m.
at 9:
APPROVED:
City Clerk
MAYOR
'9