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CC - Minutes - 07-08-97 NOT OFFICIAL UNT/ ADOPTED BY THE MINUTES OF THE REGULAR MEETING ROSEMEAD ROSEMEAD CITY COUNCIL ,CITY COUNCIL JULY 8, 1997 The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Imperial The Invocation was delivered by Councilmember Taylor ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: JUNE 24, 1997 - REGULAR MEETING MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Minutes of the Regular Meeting of June 24, 1997, be approved as submitted. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: -None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Charlene Nahar, 3406 N. Charlotte Avenue, Rosemead, stated that they have been unable to sell their home as the City has not implemented a first-time home buyer plan as surrounding cities have. Mayor Imperial responded that such a plan is currently under study by the City. 11. PUBLIC HEARINGS -None III. LEGISLATIVE A. RESOLUTION NO. 97-28 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 97 - 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF S865,535.68 NUMBERED 20430 THROUGH 20567. CC 7-8-97 Page #1 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 97-28. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 97-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DETERMINING THE NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF EASEMENTS FOR STREET PURPOSES IN CONNECTION WITH THE WIDENING OF HIGHCLIFF STREET (7644 AND 7645 HIGIICLIFF) The following resolution was presented to the Council for adoption: RESOLUTION NO. 97-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DETERMINING THE NECESSITY FOR ACQUISITION BY EMINENT DOMAIN OF EASEMENTS FOR STREET PURPOSES IN CONNECTION WITH THE WIDENING OF HIGHCLIFF STREET (7644 AND 7645 HIGHCLIFF) Frank Tripepi, City Manager, reported that as of today, the two aforementioned property owners have signed the easements and recommended that the Council accept the easement deeds and direct the City Clerk to record the deeds together with the certification of acceptance and authorize the City Manager to execute the Right-of-Way Agreements on behalf of the City. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council accept the two easements deeds and direct the City Clerk to record the deeds together with the certification of acceptance and authorize the City Manager to execute the Right-of-Way Agreements on behalf of the City. Vote resulted: Yes: Vasquez, Taylor, Imperial, Clark, Bruesch No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 97-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT" The following Resolution was presented to the Council for adoption: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THAT CERTAIN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT OF THE SELF-INSURANCE AUTHORITY FOR EFFECTIVE RISK MANAGEMENT' CC 7-8-97 Page 42 Councilmember Taylor requested clarification on the Liability Trust Fund outstanding claims totaling $59 million. Frank Tripepi, City Manager, responded that that figure represents the total outstanding claims; however, that amount can be reduced drastically depending on the adjudication process or the judgement settlement. Mr. Tripepi continued that is the reason why the Resolution tonight seeks approval for development of a different type of joint protection system as the existing situation under the County contains major problems in the administration of the Fund. Councilmember Taylor asked if the Sheriffs Department will be indemnified under the Agreement. Robert Kress, City Attorney, responded that the Sheriffs Department and Public Works treat their services to Contract Cities as an entrepreneurial function and the liability claims for those services are currently being charged to a trust fund funded by a surcharge to the amount the cities are paying. This is another proposal to take over that function and manage it on behalf of the client cities themselves. Mr. Tripepi added that the surcharge being paid now as part of the contract is holding the County "harmless." If an incident occurs in the County in the existing system, there is no reliable way of knowing if the incident being settled out of the Trust Fund occurred in one of the contract cities or in the unincorporated areas of the County. Mr. Tripepi stated that there have been cases where money taken from the Trust Fund set up to handle contract cities affairs was paid out on suits that were in the County. Councilmember Taylor asked what safeguards would be in place to prevent this from occurring under the new system and information on how the County would insure itself. Mr. Tripepi responded that under the new system this will not occur as the Board will manage the system, and therefore, the claims and where they will get paid. Mr. Tripepi stated that the County is responsible for obtaining their own liability insurance. Sam Olivito, Executive Director, California Contract Cities Association, stated that there is a separate fund in the County in place used for those kinds of liabilities. Councilmember Taylor asked what liability as ajoint power do we have for the city at fault? Mr. Tripepi responded that there is no more of a risk than at present under the existing system; however, the new system will allow better management and control of those costs. Mr. Olivito stated that there will be a full report and accounting to each city. Councilmember Taylor stated that he cannot vote for this Agreement without reviewing our City's Sheriffs Agreement, referring to Appendix "B". Mr. Taylor requested clarification on the Joint Protection Program, Sections (c), 1, 2, and 3 referring to adjustments in Member deposits at the end of the first year and deposits annually thereafter. Mr. Olivito stated that the initial deposit is 6% and will then be adjusted thereafter taking contract costs and multiplying by the liability share. Mr. Olivito added that they are asking Member cities to stay in this program for at least three years to better determine the rates. Mr. Tripepi explained that this program is similar to SCJPIA's program. Mr. Tripepi explained that when there are no claims, we will have a reduction in the premiums. Councilmember Taylor requested an explanation of the formula or process for calculating deposits Members will pay to the Authority. CC 7-8-97 Page#3 Mr. Olivito stated that it will be at 6% until the three year period is over enabling them to gain some experience to better determine what the rates would be, and these items will be identified in the indemnity agreement at a later date. Mr. Tripepi added that the City Manager's Committee concluded that the figure could not be higher than 6% otherwise there would be no incentive for any cities to join this program. Mr. Tripepi continued that Rosemead will be responsible for claims that occur within the City performed by Deputy Sheriffs under contract with the City. We are not indemnifying the County for Deputy Sheriffs for occurrences in County areas. Councilmember Taylor asked should a lawsuit of$5 million be awarded, what amount would our City pay for that claim. Mr. Taylor requested clarification on the section stating "...amount of losses actually borne individually be each Member...". Mr. Olivito responded that that amount would come out of the fund and the City would pay out 6%. Mr. Olivito continued that in gaining experience over the three year period, the Authority will be able to better determine what the rate should be and the aforementioned item was included to ensure that a City joining this Authority will not leave prior to paying their proper percentages. Mayor Pro Tern Bruesch stated that this program will enable cities to track what is in the pool at all times. Mr. Bruesch then called for the question. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 97-27: authorizing execution of the agreement entitled "Joint Powers Agreement of the Self-Insurance Authority for Effective Risk Management"; designating Councilmembers Taylor and Vasquez as appointee and alternate to the SAFER board of directors and designating the California Contract Cities Association as the City's agent with respect to negotiations with the County to effectuate the program. Vote resulted: Yes: Vasquez, Imperial, Bruesch, Clark No: None Abstain: Taylor Absent: None The Mayor declared said motion duly carried and so ordered. Councilmember Taylor asked when the Indemnification Agreement will be finalized. Mr. Olivito responded that they are in the process of collecting all thirty-nine resolutions from the Contract Cities. Once they have that, they will have to go before the Board of Supervisors for their action. D. RESOLUTION NO. 97-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CASTING ITS VOTE FOR COUNCILMEMBER GEORGE LUJAN TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS AS AN ALTERNATE ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY The following resolution was presented to the Council for adoption: CC 7-8-97 Page #4 RESOLUTION NO. 97-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CASTING ITS VOTE FOR COUNCILMEMBER GEORGE LUJAN TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS AS AN ALTERNATE ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 97-29. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF EASEMENT DEED FOR STREET PURPOSES- 8350 GARVEY AVENUE MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Council accept the attached document and direct the City Clerk to record the deed together with the certification of acceptance. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION -None VI. STATUS REPORTS -None VII. MATTERS FROM OFFICIALS A. INSTALLATION OF KEY CLUB SIGNS AT CITY ENTRANCES Mayor Imperial stated that the Key Club has cleaned up major boulevards in Rosemead for many Saturdays and Sundays and requested signs be installed to acknowledge that club. Mayor Pro Tem Bruesch suggested a sign stating that the beautification/cleanliness of this street is a project of the Key Club, etc. Councilmember Taylor stated that he does not object to an organization's sign being posted in the parkway; however, the islands have limited space to be able to accommodate all the community organizations in Rosemead. Mr. Taylor asked how often does this group clean our highways. Mayor Pro Tern Bruesch stated that they clean once a month; however, they also clean parking lots, fences around vacant lots and buildings, Universal Square, planters and other areas. Councilmember Taylor and Clark agreed that these organizations should be acknowledged, but businesses should be responsible for keeping their areas clean. CC 7-8-97 Page #5 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that staff return with a sign design and location. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. B. PROPOSAL BY SCAG TO INCLUDE AN ODOMETER TAX IN THE 1997 REGIONAL TRANSPORTATION PLAN (RTP) Mayor Pro Tem Bruesch stated that none of the transportation scenarios drafted by SCAG will reduce congestion below present levels, nor meet the Federal mandates on air quality. Mr. Bruesch explained that financial resources would be limited to accomplish these plans as 60% of funds are earmarked for retrofiting existing infrastructure with the remaining 40% for improvement programs, such as additional buses, HOV's, smart lanes and rail projects. Mr. Bruesch continued that this proposal would penalize people living further away from their work place because they are using more public right-of-ways to and from work. Councilmember Taylor asked why penalize people because they reside further out from their jobs versus people living a few miles from their workplace. Mayor Pro Tern Bruesch stated that many communities where people work, are not providing adequate housing. Mayor Imperial stated that 45% of people's wages go to County, State, or Federal government for taxes - people are tax poor. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the Council oppose the odometer tax and authorize the Mayor to send the appropriate correspondence. Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. REQUESTED INFORMATION - "FARMER'S MARKET" Councilmember Vasquez stated that he requested information on establishing a Farmer's Market in Rosemead as constituents have asked why there is not one in this City. Mayor Pro Tern Bruesch stated that he would like to explore this concept further to try to establish a viable commercial area on Valley Boulevard and to see whether the business community would be supportive of this idea. Councilmember Taylor commented that many cities that have these markets also have other attractions to draw people, such as the Mission in San Gabriel and the old town street in Monrovia with outdoor cafes. Mr. Taylor questioned how viable a farmer's market would be. Mayor Imperial asked how many of these markets can the area support. CC 7-8-97 Page #6 Councilmember Taylor added that the Chamber's of Commerce are very involved with the farmer's markets in other cities. Mr. Taylor stated that there are other issues to consider such how would other businesses be affected and what is Rosemead's attraction to draw people in. Mayor Imperial stated that Valley Boulevard is deteriorating. There are many empty stores and sales revenues are down, and that the emphasis should be on cleaning up Valley Boulevard and trying to attract new businesses. Mr. Imperial continued that the major problem with Valley and Rosemead Boulevards continues to be lack of parking. 11 COUNCILMEMBER CLARK Councilmember Clark requested that SB 567 (Polanco) be placed on the agenda as an urgency item. E-1. AMEND AGENDA TO INCLUDE ITEM E-2. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council amend the agenda to include item E-2 and determine the need to take action on this item arose after the posting of the agenda and there is a need to take action at this evenings meeting as the event will occur before the Council's next meeting_ Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. E-2. SB 567 (POLANCO) - CHANGING THE MAKE UP OF THE MTA BOARD OF DIRECTORS - OPPOSE Councilmember Clark explained that SB 567 would change the make up of the MTA Board of Directors by reducing its size to nine members and allow a majority of appointed officials to serve on the Board. Mrs. Clark stated that when this issue was presented last year, it was the consensus of the League and Contract Cities that more elected officials need to be represented on the Board as they are accountable to the people. Mrs. Clark stated that this bill is passing through the Legislature on the pretense that cities are in favor of this bill. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNC1LMEMBER CLARK TO OPPOSE SB 567 (Polanco). Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None CC 7-8-97 Page #7 IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:15 p.m. to Tuesday, July 15, 1997 at 6:00 p.m. for interviews for the Traffic Commission vacancy. Respectfully submitted: APPROVED: City Clerk MAYOR CC 7-8-97 Page#8