CC - 07-11-06Minutes of the Regular Meeting
Rosemead City Council
July 11, 2006
Mayor Taylor called the meeting to order at 8:00 PM.
Councilman Imperial led the pledge to the flag.
The Invocation was led by Reverend Miguel De Guzman, from Mission
Community United Methodist Church.
Roll Call:
Present: Clark, Imperial, Tran, Mayor Pro Tern Nunez, Mayor Taylor
Absent: None
1. PUBLIC COMMENT
Elsa Higareda, residing at 9111 Newby Avenue, expressed dissatisfaction about
how her son and family were treated by a local Sheriff Deputy regarding a
robbery that took place in her neighborhood. Mayor Taylor indicated staff would
look into the matter and requested Ms. Higareda bring the Assistant City
Manager a copy of the complaint filed with the Sheriffs station.
Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, spoke about
Condition 35 from the revised EIR which states that two handicap access ramps
to the sidewalk will be provided during Wal-Mart construction. Ms. Shinen
presented pictures and indicated a complaint was filed with U.S. Department of
Justice because handicap ramps providing access to the sidewalk are blocked.
Just before Ms. Fukumoto began to speak, Mayor Taylor was given 27 different
8"x1o" color pictures from Mr. Blain Bacher. These pictures were showing the
operations of the helicopter during the lifting of mechanical equipment onto the
Wal-Mart building roof. The City Manager and Councilman Tran looked at the
pictures during the meeting.
Cynthia Melendrez, 7433 Garvey Avenue, Space 3A, discussed electricity
issues at the Rosemead Trailer Park. Mayor Taylor requested electrical
inspectors go out, do an inspection and provide a copy to Ms. Melendrez. Mayor
Taylor reminded the resident that the state has official jurisdiction over the
matter. Councilmember Imperial offered to intervene on behalf of park residents
and also asked that James Donovan inspect the property.
Jim Flournoy, residing at 8655 Landisview Lane, discussed the lack of handicap
accessibility and tardiness of sidewalk construction at the Wal-Mart site. Mr.
CC Minutes-July 11, 2006
Pagel of 8
Flournoy also discussed the portion of Condition 35 of the Wal-Mart permit which
requires utilities be placed underground; to date, this process has not taken
place. In addition, he indicated that one of the permit conditions mandates that
during the grading period, not more than 20% of the site can be worked on at
once; however, the entire site is being worked on and this is a violation of the
conditional permit.
Councilmember Tran asked if the city would be liable if an accident occurred on
the handicap ramp.
City Attorney Wallin responded that a permit condition requires that Wal-Mart
hold the City harmless; as a result there is no city liability exposure.
Mayor Pro Tern Nunez asked if the contractor is controlling traffic and requested
staff go out to the site and check.
Paul Saito, residing at 8361 Sierra Bonita, indicated that pedestrians are being
adversely affected by Wal-Mart construction and expressed concern about the
current condition of walkways in the construction area.
Yuki Fukumoto, residing at 1807 Delta Avenue, spoke about mitigation
measures and apparent violations. Ms. Fukumoto indicated that as the lead
agency, the City is required to ensure full compliance of permit conditions and
read excerpts from a letter from the City Clerk regarding the lack of logs
monitoring permit condition compliance. Ms. Fukumoto indicated that mitigation
measures and conditions of approval were put in for the safety of the residents
and staff needs to monitor progress.
Mayor Pro Tern Nunez asked City Attorney Wallin about proper monitoring
procedures.
Mr. Wallin indicated that staff is required to monitor construction progress but not
required to a keep a log.
Mayor Taylor indicated that AQMD inspectors are required to keep logs which
the city will inspect.
Mayor Pro Tern Nunez asked the City Attorney if the City, as the lead agency, is
also required to keep logs and keep track of condition violations.
Councilmember Tran directed staff to create a daily written log and indicate past
violations to date.
Mayor Pro Tern Nunez, Mayor Taylor and Councilmember Tran asked that
copies of AQMD logs be requested and included in the City log.
CC Minutes -July 11, 2006
Page 2 of 8
•
•
Brian Lewin, residing at 9442 E. Ralph Street, thanked staff for assistance in
putting together a July 4 Parade booth at the July 4 event at the park; Mr. Lewin
indicated more than 200 people expressed interest in the parade and 30 - 40
indicated they would help facilitate the 2007 parade.
2. CONSENT CALENDAR:
A. Resolution No. 2006-17 Claims and Demands
Recommendation: Adopt Resolution No. 2006-17, for payment of
City expenditures in the amount of $759,861.11 demands 53525
through 53631.
B. Approval of Minutes
June 14, 2005 - Regular Meeting
E. Renewal of Lighting Agreement with QRS Lighting Services,
Inc.
QRS Lighting Services, Inc. has been maintaining the sports lights
at the Sports Complex, Garvey and Rosemead Parks and the
parking lot lights at the Garvey Center, since 1998. Per the
specifications, the fixed monthly fee covers all labor, tools and
equipment necessary to maintain the lighting fixtures.
QRS would like to renew the agreement for another year without an
increase in their monthly fee.
Recommendation: That the City Council approve the Extension of
Agreement and authorize its execution by the City Manager or his
designee.
F. Agreement with Republic Electric
Republic Electric provides the City's traffic signal maintenance
services. The agreement is extended annually along with a cost-of-
living adjustment. It is proposed that the extension to the original
agreement be executed thereby extending the contract through
June 30, 2007, and granting a 5.4% cost-of-living adjustment.
Recommendation: That the City Council approve the extension to
the Agreement between Republic Electric and the City, authorizing
a one-year contract extension and a 5.4% cost-of-living adjustment,
effective June 1, 2006, and authorize the City Manager or his
designee to sign the agreement on behalf of the City.
CC Minutes -July 11, 2006
Page 3 of 8
•
C
Councilmember Tran made a motion to approve the consent calendar items
listed above, with a second by Mayor Pro Tern Nunez. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Abstain:
None
Absent:
None
The following Consent Calendar items were pulled for separate consideration:
Item B - December 14, 2004 minutes and Items C, D, G, and H.
B. Approval of Minutes
December 14, 2004 - Regular Meeting
Mayor Taylor made a motion to approve the December 14, 2004 minutes with a
second from Councilmember Clark. Vote resulted:
Yes: Clark, Imperial, Taylor
No: None
Abstain: Nunez, Tran (not on the council when meeting took place)
Absent: None
C. Approval of Changes to City's Mortgage Assistance Program
Real estate prices in the City have escalated dramatically since the
City's adoption of the Mortgage Assistance Program (MAP) in
2001. Based on current prices, staff proposes to increase the
amount of funds available for down payment assistance, lengthen
the period of affordability and impose an equity share provision in
the case of property appreciation.
Recommendation: That the City Council approve and adopt
proposed changes to the City's Mortgage Assistance Program
Guidelines.
Mayor Taylor indicated he did not support the item because of the conditions and
regulations imposed on recipients. Councilmember Tran made a motion, with a
second from Councilmember Clark to approve the changes to the City's
Mortgage Assistance Program. Vote resulted:
Yes: Clark, Imperial, Nunez, Tran
No: Taylor
Abstain: None
Absent: None
CC Minutes-July 11, 2006
Page 4 of 8
C.
C
Councilmember Clark requested staff also look at changing guidelines for the
Homebuyer's Assistance/Purchase Program.
D. Review and Approval of Home-Funded
Tenant Based Rental Assistance Program (TBRA)
The City has received HOME funds since 1996-1997 for use in
providing affordable housing to the City. Currently, there exists a
need within the community for affordable rental housing, especially
for residents who may be displaced through government action or
through private development of existing affordable mobile home
parks. In addition, the City has $511,719 in HOME funds, which it
must commit to a project prior to July 31, 2006.
Recommendations: That the City Council take the following
actions:
Approve and adopt the City's Tenant-Based Rental
Assistance Program;
Approve a contract with the Rosemead Housing
Development Corporation for TBRA operation; and
Authorize the City Attorney to finalize the contract and all
program agreements.
Mayor Taylor stated he did not support the item because no maximum amount of
aid is specified; rather a percentage of household income is used to determine
the amount of aid a renter is eligible to receive.
Councilmember Imperial expressed his support for the program.
Mayor Pro Tern Nunez made a motion, with a second from Councilmember Tran
and support from Councilmember Imperial to approve the TBRA program
described above. Vote resulted:
Yes:
Clark, Imperial, Nunez, Tran
No:
Taylor
Abstain:
None
Absent:
None
G. Award of Street Sweeping Contract
The City's contract with CleanStreet to provide street sweeping
services expired on June 30, 2006. Bid proposals have been
received from four street sweeping providers. Staff has reviewed
the bid proposals.
CC Minutes - July 11, 2006
Page 5 of 8
Recommendation: That the City Council award the street
sweeping contract to CleanStreet and authorize the City Manager
or his designee to sign the contract on behalf of the City.
Mr. Lazzaretto indicated he met with Mayor Pro Tern Nunez to answer contract
questions. Mayor Pro Tern Nunez asked for a deferral as he had additional
questions.
Mayor Taylor granted a deferral to the next council meeting and directed
Councilmember Tran and Mayor Pro Tern Nunez to submit their contract
questions in writing.
H. Second Reading: Smoke Free Parks Ordinance
At the June 13, 2006 City Council Meeting, staff was directed to
prepare an ordinance that would ban smoking in all public parks.
At the June 27, 2006 meeting, the ordinance was introduced and
approved by the council. The measure would make it unlawful to
use and dispose of any tobacco-related product in any City park. A
first violation of the proposed ordinance would result in a fine of no
more than $100, a second violation would result in a fine of no
more than $200, and a third violation and every violation thereafter
would be punishable by a fine of no more than $500.
Recommendation: That the City Council adopt section 12.44.050
to the Rosemead Municipal Code banning smoking in all City
Parks.
Nisha Varghese, representing the Coalition for Smoke-Free Rosemead Parks,
thanked the City Council for the initial ordinance passing at the previous meeting.
She felt designated smoking areas do not protect non-smokers from second
hand smoke. She indicated that none of the other cities in the San Gabriel Valley
that have passed a park smoking ban, have included a designated smoking area
stipulation.
Councilmember Clark asked what the cost of enforcement would be
Ms. Varghese responded that the City of Monterey Park, which passed a similar
ordinance last April, has incurred a cost of about $1,000 per posted sign.
Councilmember Clark also discussed other law enforcement issues such as the
diversion of personnel from addressing serious crimes.
Mayor Taylor commented that the ordinance, as written (without designated
smoking areas), is a good faith effort to support smoke-free parks. Mayor Taylor
made a motion to approve the ordinance with a second by Councilmember Tran.
CC Minutes -July 11, 2006
Page 6 of 8
Vote resulted:
Yes:
No:
Abstain
Absent:
• 0
Nunez, Taylor, Tran
Clark, Imperial
None
None
Councilmember Imperial expressed support for aims of the ordinance but urged
caution in implementation.
3. MATTERS FROM MAYOR AND CITY COUNCIL
Mayor's Committee Appointments for 2006-2007
Councilmember Tran made a motion to approve appointments as indicated on
the attachment filed with July 11 agenda items with a second by Mayor Pro Tern
Nunez. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
4. MATTERS FROM CITY MANAGER AND STAFF
A. Eminent Domain and Redevelopment Related Legislation
Senate Bill 1206 (Kehoe) is a measure that is currently awaiting
hearing in the Assembly Appropriations Committee and seeks to
redefine blight and the documentation of blighting conditions for the
purpose of utilizing redevelopment authority. If approved, the
measure would restrict Rosemead's economic development efforts
by imposing new regulations governing redevelopment activities.
Proposition 90 is an initiative constitutional amendment that will
appear on the November 2006 ballot and is titled the Government
Acquisition, Regulation of Private Property. The measure has been
dubbed the "Anderson Initiative" and if approved, would impact a
variety of public projects and economic development programs by
limiting a government's ability to adopt certain land use, housing,
consumer, environmental and workplace laws and regulations.
Recommendation: That the City Council take the following action:
1. Vote to opposed Proposition 90 and SB 1206.
CC Minutes -July H, 2006
Page 7 of 8
•
Ll
2. Direct the City Manager to send correspondences to the
appropriate agencies and individuals regarding the City's
opposition to Proposition 90 and SIB 1206.
Juan Nunez, residing at 2702 Del Mar Avenue, spoke against the process of
eminent domain. He felt the City Council should not have the ability to take a
person's property.
Councilmember Tran made a motion to approve the recommendation to oppose
the legislation listed above with a second by Mayor Pro Tern Nunez. Vote
resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
Councilmember Tran made a motion to adjourn the meeting at 9:30 pm.
The next regular meeting is scheduled for July 25, 2006 at 8:00 pm.
Respectfully submitted: APPROVED:
q o,
City terk MA R
CC Minutes -July 11, 2006
Page 8 of 8
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
U
1, Nina Castruita, City Clerk for the City of Rosemead, do hereby certify that the
minutes from July 11, 2006, were duly and regularly approved and adopted by the
Rosemead City Council on the 12th of September, 2006, by the following vote to wit:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Absent: None
Abstain: None
C_CCEI Q
Nina Castruita.
City Clerk