CC - Approval of Minutes 04-13-99 NOT 0.7FICfAL UNT7L
ADOPTED BY THE
ROSEMEAD
MINUTES OF THE REGULAR MEETING CITY COUNCIL
ROSEMEAD CITY COUNCIL
APRIL 13, 1999
The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:01
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 Imperial
The Invocation was delivered by Mayor Pro Tern Clark
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tem Clark, and
Mayor Vasquez
Absent: None
APPROVAL OF MINUTES: FEBRUARY 2, 1999 - ADJOURNED REGULAR
MEETING
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR
that the Minutes of the Adjourned Regular Meeting of February 2, 1999, 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.
APPROVAL OF MINUTES: FEBRUARY 9, 1999 - REGULAR MEETING
MOTION BY COUNCILMAN BRULH, SECOND BY COUNCILMAN IMPERIAL
that the Minutes of the Regular Meeting of February 9, 1999, 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.
APPROVAL OF MINUTES: MARCH 16, 1999 - SPECIAL MEETING
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH
that the Minutes of the Special Meeting of March 16, 1999, 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.
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PRESENTATIONS:
Captain Neil Tyler from Temple Station presented a plague to outgoing Mayor Bruesch
on behalf of the L.A. County Sheriffs Department and Temple Station. The Council also
presented a plaque and gavel to outgoing Mayor Bruesch.
The Council presented a proclamation to Colonel Richard Hegleson, United States Army
Reserve proclaiming May and April, 1999 as Selective Service Registration Awareness Months.
Colonel Hegleson thanked the Council and stressed the importance of youths registering
for the selective service and that by not doing so, that person will be barred from many federal
programs and jobs.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar Avenue, Rosemead, requested again that the Council send a
letter to the State Legislators stating their opposition to SCA 1 and SCA 3 which seeks to lower
the 2/3 majority vote to a simple majority vote for additional transportation taxes and additional
taxes for school bond measures, before this issue is placed on the ballot.
Councilman Imperial requested that SCA 1 and SCA 3 be placed on the next agenda for
Council consideration.
H. PUBLIC HEARINGS -None
III. LEGISLATIVE
A. RESOLUTION NO. 99-11 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 99-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$1,366,293.36 NUMBERED 26570 THROUGH 26763
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMEMBER
IMPERIAL that the Council adopt Resolution No. 99-11. 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. 99-12 -REDEVELOPMENT AGENCY PAYMENT
FOR INSTALLATION OF TRAFFIC SIGNALS AT
HELLMAN/JACKSON AVENUES AND AT THE ENTRANCE TO THE
GARVEY SENIOR HOUSING PROJECT
The following Resolution was presented to the Council for adoption.
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RESOLUTION NO. 99-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT
TO REDEVELOPMENT AGENCY PAYMENT FOR INSTALLATION OF
TRAFFIC SIGNALS AT HELLMAN/JACKSON AVENUE AND AT THE
ENTRANCE TO THE GARVEY SENIOR HOUSING PROJECT
Frank Tripepi, City Manager, stated that this Resolution is the twin of the one that the
Redevelopment Agency just adopted.
Councilmember Clark stated that at the Redevelopment Agency Meeting tonight, staff was
directed to conduct a study of the best possible placement for a traffic signal at the entrance of the
Garvey Senior Housing project, and that study would apply to this item also.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt Resolution No. 99-12. Vote resulted:
Yes: Bruesch, Vasquez, Clark, Imperial
No: Taylor
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor stated that he favors the signals; however, the signal at
Hellman/Jackson is too far out of the Redevelopment Project Area.
C. RESOLUTION NO. 99-13 - SUPPORTING THE DEVELOPMENT OF A
REGIONAL AIRPORT SYSTEM FOR SOUTHERN CALIFORNIA
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 99-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
SUPPORTING THE DEVELOPMENT OF A REGIONAL AIRPORT SYSTEM
FOR SOUTHERN CALIFORNIA
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH
that the Council adopt Resolution No. 99-13. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
D. ORDINANCE NO. 792 - ESTABLISHING DAYTIME CURFEW HOURS
FOR MINORS AND AMENDING THE ROSEMEAD MUNICIPAL CODE
-ADOPT
The following Ordinance was presented to the Council for adoption:
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ORDINANCE NO. 792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
RELATING TO DAYTIME CURFEW REGULATIONS AND AMENDING
TITLE 4, CHAPTER 1 OF THE ROSEMEAD MUNICIPAL CODE - ADOPT
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt Ordinance No. 792. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Clark stated again that the Sheriffs Deputies are using this as a "tool"
when minors are spotted engaged in suspicious activities, rather than stopping students for merely
walking down the street. Ms. Clark continuted that spring vacation is staggered over three weeks
making it difficult to determine which students are in school and which are on vacation.
IV. CONSENT CALENDAR
CC-A APPROVAL OF CARNIVAL AGREEMENT FOR THE 1999 4TH OF
JULY/CITY ANNIVERSARY AGREEMENT
CC-B AUTHORIZATION TO ATTEND THE ROSEMEAD CHAMBER OF
COMMERCE 1999 ANNUAL PLANNING CONFERENCE, APRIL 29-
MAY 1, 1999, CARLSBAD
CC-C AUTHORIZATION TO REJECT CLAIM AGAINST CITY BY ROBERTO
GORDON
CC-D SB 1101 (MURRAY)- TRANSPORTATION: METROPOLITAN
TRANSPORTATION AUTHORITY(MTA) AND LOCAL
TRANSPORTATION ZONES- OPPOSE
CC-E ACCEPTANCE OF WORK FOR STREET IMPROVEMENTS ON
LORICA STREET- PROJECT NO. 98-05
CC-F SB 364 (PERALTA)- STATE LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK
that the foregoing items on the Consent Calendar be approved. 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 requested a financial report on the City's profits from the 1998 4th of
July/Anniversary Celebration (CC-A).
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V. MATTERS FOR DISCUSSION AND ACTION
A. SB 216 (SOLIS) - SAN GABRIEL RIVER AND MOUNTAINS
CONSERVANCY
Frank Tripepi, City Manager, asked if anyone in the audience was present representing
Senator Solis or Assemblywoman Sally Havice's offices. There being no one present, Mr. Tripepi
presented the staff report. Mr. Tripepi explained that neither this bill and AB 1355 (Havice), the
following bill on the agenda, will give cities control over projects and or use of property within
the conservancy area. Mr. Tripepi stated that the policy of both bills do not address City's
concerns and if the Council elects to support these bills, they should do so with very specific
amendments. Mr. Tripepi continued that the City of Diamond Bar passed a resolution setting
guidelines for the conservancy to give control to cities within their jurisdiction and suggested that
the Council direct staff to take the same approach.
Councilman Taylor requested a list of the cities involved with the conservancy. Mr.
Taylor stated that the San Gabriel and Los Angeles Rivers, with their respective areas surrounding
those rivers, consist of approximately 600 square miles and that the conservancies can buy any
land within those cities involved. Mr. Taylor asked what type of projects are proposed.
Councilman Bruesch stated that he is in favor of the conservancy along the San Gabriel
River near Rosemead mainly to avoid the problems of miscommunication and miscalculation that
the organization encountered that built Bosque Park with the Army Corps of Engineers. Mr.
Bruesch explained that outside groups, such as the Santa Monica Mountains Conservancy should
not be able to dictate to local cities what to build just because they control the majority of the
Raiding. Mr. Bruesch stated that the bills address the issue of the San Gabriel Valley being able to
determine where funds will be used. Mr. Bruesch stated that he is in favor of the conservancies
that are under the control of the local constituencies to decide park projects for themselves. Mr.
Bruesch requested that a message be conveyed to the authors of these bills to work together to
produce one strong bill that will meet the needs of our local areas.
Councilman Taylor objected to some of the language in the bill, referring to the
conservancy acquiring real property from within their territory from "willing sellers". Mr. Taylor
stated those "sellers' could then approach 11 voting and 5 ex officio non voting members of the
conservancy, and also the members of the Gateway Cities. Mr. Taylor stated that could result in a
large land-banking operation without any knowledge of what or when any projects will be built.
Mr. Taylor then referred to the Comments section of the analysis of SB 216 which stated that the
bill may hamper the new conservancy's ability to engage in river restoration, leaving the
conservancy in a weak position vis a vis local government; and the inclusion of executive officers
or designated staff of the Santa Monica Mountains Conservancy appointed as ex officio members.
Mr. Taylor stated that would result in local cities not having any say.
Frank Tripepi, City Manager, explained that the comments Mr. Taylor was referring to is
an analysis prepared by a consultant for the Senate Natural Resources and Wildlife Committee.
Mr. Tripepi explained that this is mainly a philosophical difference in that the State is concerned
with their own interests and the cities are doing likewise.
Councilman Bruesch explained that while the bill has safeguards in it prohibiting the
conservancy from lerying a tax, regulate land use, or exercise the power of eminent domain and
from taking action over any local ordinance or regulatory uses pertaining to land use, water rights
or environmental quality controls that are in place, it is not restrictive enough and needs to be
worded to emphasize local control.
Frank Tripepi, City Manager, pointed out that while the bill states the conservancy cannot
exercise eminent domain, other State agencies, such as the State Department of Parks and
Recreation can assemble properties and use eminent domain on behalf of the conservancy.
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Mayor Pro Tern Clark stated that Rosemead would not use eminent domain; however,
another agency might. Ms. Clark stated that any bill approved should state that the conservancy d
must have no power to take action without prior consent of that City, and that conservancy
should not engage in any offensive litigation against a City.
Councilman Bruesch stated that the eastern portion of the County needs the funds to
develop parks within their communities without being dictated to by an outside agency as to how
and where to use those monies. Mr. Bruesch requested that the two comments made by Mayor
Pro Tern Clark be incorporated into the bill, and a request be made to the two legislators to work
together toward producing one bill that will satisfy this area's needs.
Frank Tripepi, City Manager, suggested that the Council establish guidelines, and the City
can support the bill if either one of the legislators decide to author the bill, and that Rosemead will
continue to work on this issue with the San Gabriel and Gateway COG'S and with our lobbyist
advocate as well
Councilman Taylor stated that due to the size of the conservancy, Rosemead may never
receive a project, and the board will determine who receives projects. Mr. Taylor asked if the
Santa Monica Mountains Conservancy can apply for the same funds as a City would.
Mr. Tripepi responded that if this part of the County does not have its own conservancy,
then these areas could possibly be included in the Santa Monica Mountains Conservancy projects.
Councilman Taylor stated that the cities along these rivers should be notified of these
concerns. Mr. Taylor requested a copy of the Santa Monica Mountains Conservancy's by-laws
and guidelines.
It was the consensus of the Council that this item be returned to staff to develop
guidelines to include language that the conservancy would have no power to take action without
prior consent of that City, and would not engage is any offensive litigation against that City.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
A. MAYOR'S APPOINTMENTS FOR 1999-00.
No action was required on this item.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, stated that this is just another layer of
government.
Dien Ba Mai, 8905 Garvey Avenue, Rosemead, stated that the Asian gangs are destroying
local businesses and upon calling the Deputies, they said he has requested too many calls for
service. Mr. Mai commented about all the taxes he has to pay and referred again to gangsters that
demand money from him.
Robert Kress, City Attorney, stated that Mr. Mai is the owner of the Cafe Chieu Tim, and
Mr. Mai's business was on the agenda at the March 23, 1999 Council Meeting for confirmation of
the Hearing Officer's recommendation to close that business. The charge included a number of
items, mainly that the owner, in an attempt to stop an altercation, fired a weapon to get the
attention of those fighting.
Frank Tripepi, City Manager, confirmed from Mr. Mai that he is receiving legal advice
regarding his options to file a law suit, and recommended that no further discussion ensue.
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Mr. Mai continued to talk about his gangster problems in relation to his children.
IR. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 9:10
p.m. The next regular meeting will be held on Tuesday, April 27, 1999, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk MAYOR
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