CC - 09-26-06• 0
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
September 26, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Taylor
at 8:00 pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard,
Rosemead. California.
The pledge to the flag was led by Councilmember Imperial. The invocation was
delivered by Councilmember Clark.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Imperial, Tran, Mayor Pro
Tern Nunez and Mayor Taylor
Absent: None
1. PUBLIC COMMENT FROM THE AUDIENCE
Lanny Aplanalp, residing at 4746 Fendyke Ave, thanked the council for their hard
work, surviving the recall and expressed appreciation for the Walt-Mart Store in the City.
Steven Ly, residing at 3040 Rosemead Place, congratulated the Councilmembers on
the election outcome and staff for the Wal-Mart opening. He asked the Council consider
extending the hours of Wal-Mart and update the shuttle express route to incorporate
Wal-Mart as a stop. In addition, he suggested installation of a protected left signal at
the corner of Rush and San Gabriel Boulevard.
Todd Kunioka, residing at 8400 Wells Street, congratulated the Council on the election
results. He discussed Wal-Mart expenditures in excess of $300,000 in the last six
weeks to thwart the recall effort. Mr. Kunioka suggested the high amount spent will
obligate the Council to extend favors to Wal-mart. He cited the early opening of Wal-
Mart as an example of the Council's willingness to bend for the corporation.
Councilmember Imperial responded that his allegiance is with Rosemead residents.
Mayor Taylor read excerpts from Mr. Kunioka's web blog from June 20th- August 10,
2006. Mayor Taylor felt the comments were slanderous towards Councilmembers on
multiple occasions. He addressed certain allegations brought up by Mr. Kunioka.
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Todd Kunioka interrupted Mayor Taylor as he read; Mr. Kunioka defended his
statements and expressed frustration about the enjoinment of the February 7 election
date and earlier actions that stopped voters from expressing their opinions.
Councilmember Tran commented he wanted the City to move on and get past the Wal-
Mart issue so the City can begin to heal.
Jean Hall residing at 3655 Muscatel Avenue, congratulated the council on the election
outcome and thanked Councilmember Clark for her perseverance. She blamed
Councilmember Nunez and Tran for fostering a rift in the City. She accused
Councilmember Tran of selling his votes. She also commented that to her knowledge,
Mayor Taylor, Councilmember Clark and Councilmember Imperial never received funds
for their vote to support Wal-Mart. Ms. Hall suggested that all Councilmembers work
together to unify the City.
In response to Ms. Hall's comments, Councilmember Tran indicated his vote has never
been for sale.
Joan Hunter, residing at 8579 East Village Lane, congratulated the Councilmembers
on the election outcome and expressed appreciation for the new Wal-Mart. She read a
letter of congratulations from Mary Jo Maxwell, founding member of PRIDE. She
encouraged Mayor Pro Tern Nunez to use experience gained on school boards and
workshops to positive use. She challenged Councilmember Tran to utilize his previous
school board experience, visions and fresh ideas for positive leadership. Ms. Hunter
asked Councilmember Clark to stay on and continue to exercise sensible decision
making. Finally, she encouraged the entire council to focus on City economic
development rather than personal disagreements.
Kenneth M. Pike, residing at 8220 Steel Ave., asked if the junior Councilmember's and
those that vehemently supported the recall, such as Mrs. Saco have offered a letter of
apology to the senior Councilmembers. Mr. Pike commended the Council for keeping
the financial reserve safe and also spoke against the SOC group.
Mayor Taylor responded to Mr. Pike's comments about a letter of apology by indicating
there is no need for an apology as it was just a serious disagreement about what
needed to be done.
Terry Dundas, residing at 3808 North Earle Avenue, stated the war between the North
and South is over and that the City needs to come together.
Mary Ellen Dundas, residing at 3808 North Earle Avenue, stated that the people of
Rosemead have spoken with pride and encouraged the City to celebrate and unite.
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Fred Herrera, residing at 3879 North Delta Avenue, thanked and commended the
Council for a job well done by providing what the community asked for.
Linda Kilpatrick, residing at 4716 Walnut Grove Avenue, congratulated the council and
commented on an article in the local paper. She discussed comments made by resident
Caroline Kunioka about public service. She thanked Maggie for staying impartial and
honorable to the city.
Brian Lewin, residing at 7442 East Ralph Street, discussed the 9`n Circuit over turning
the Padilla v. Lever decision which then indirectly overturned Councilmember Imperial's
lawsuit. Mr. Lewin if Councilmember Imperial paid for his litigation personally;
Councilmember Imperial responded that he had paid $5,000 out of his own pocket.
Mr. Lewin asked the council work for the good of everyone in the city and not just
private companies. In addition, he advocated companies be required to fill out a full EIR
if the business wants to be open 24 hours.
Mayor Taylor responded to Mr. Lewin's comments and stated Wal-Mart was entitled to
buy the purchased property just like any other company.
Mr. Lewin responded that big companies are given rights and privileges, over that of the
welfare of the residents.
Councilmember Imperial discussed previous projects such as Target, which did not
receive community complaints.
Mayor Pro Tern Nunez pointed out more than 3 minutes had elapsed for this
conversation.
Councilmember Clark reminded SOC about the City's sign ordinance which indicates
campaign signs must be taken down within 72 hours following an election.
Mayor Taylor asked the City to move on and stated that he is trying to do what is best
for the City.
PUBLIC HEARINGS
A. Public Hearing: To Consider Recommended Expenditures of
Citizen's Option for Public Safety (COPS) Funds
In 1996, the California Legislature approved AB 32ssss29 (Brulte)
allocating $100 million additional funding for local public safety services.
Since that time the program has been renewed and extended. State law
requires that these expenditures be reviewed annually and that a public
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hearing be held on the proposed spending. Attached is a recommended
spending plan for the funds.
Recommendation: That the City Council conduct the required public
hearing and approve the appropriation of the Citizen's Option for Public
Safety (COPS) funds per the recommendations contained in the Sheriffs
Department report.
Assistant City Manager Wagner commented that it is a procedure that the
City has to follow annually to receive approximately $100,000 for the
continued operation of the public safety center, and some additional traffic
enforcement.
Mayor Taylor opened the hearing at 9:00 pm for public comments. There
were no public speakers on the item.
Councilmember Tran made a motion, with a second by
Councilmember Clark, to accept the recommendation. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
3. CONSENT CALENDAR
Councilmember Tran requested Item D be excluded for discussion.
A. Resolution No. 2006-26 Claims and Demands
Recommendation: Adopt Resolution No. 2006-26, for payment of City
expenditures in the amount of $348,909.61 demands 54517 through
54629
8. Adoption of Resolution No. 2006-25 Adopting the National Incident
Management System (NIMS)
The Federal Department of Homeland Security requires the adoption of
the National Incident Management System (NIMS), to be eligible to receive
2006 Homeland Security Grant Program Funds. Adoption of this
Resolution will meet that requirement.
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Recommendation: That the City Council adopt Resolution No. 2006-25
adopting the National Incident Management System (NIMS).
C. Parks & Recreation Department Capital Improvement Plan, Fiscal
Year 2006-2007
As part of this year's budget process, staff originally submitted a list of
parks and recreation related capital improvement projects that totaled
$809,770.
The City Council appropriated that amount from the City's unallocated
general fund reserves and directed staff to develop a prioritized listing of
capital improvement projects for funding this fiscal year.
Recommendation: That the City Council approve the Capital
Improvement Plan for
2006-2007.
E. Release of Bond - Parcel Map 60795; 8828 Ramona Boulevard
A Faithful Performance Bond and a Labor and Material Bond were
required to guarantee installation of survey monuments for Parcel Map
60795. In lieu of bonds, a Cash Deposit was issued to the City in the
amounts of $7,000.
Recommendation: That the City Council accept the survey monuments
and refund the Cash Deposit including interest.
F. Authorization to Attend California Narcotic Officers' Association 42nd
Annual Training Institute
Conference sessions include workshops on Search & Seizure, Asset
Forfeiture, Drug Endangered Children, MS 13 Gangs, Narco Trafficking,
Risk Management, Undercover Operations & Tactical Response, etc.
Recommendation: That the City Council authorize the attendance of
Deputies Donahoo and Bryant of the S. T.A. R. Unit.
G. AB 1234 Meeting Reports
AB 1234 requires that City Councilmembers and staff provide a brief
report on meetings attended at City expense at the next regular City
Council meeting. The City Clerk has received a written report filed by
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Mayor Pro Tem Nunez, Councilmember Clark, City Manager and staff.
Recommendation: That the City Council receive and file said reports.
A motion was made by Councilmember Tran, with a second by
Councilmember Nunez to approve all Consent Calendar items with the
exception of Item D. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
D. Health Benefit Cost Savings Option
The City currently pays the entire cost of any health insurance plan
selected by full-time employees, and also pays the entire cost of Kaiser
HMO health insurance coverage for permanent part-time employees.
According to the Kaiser Family Foundation, health insurance premiums
increased an average of around 12.2% per year between 2000 and 2005.
This independent study is reflective of the City's experience with
escalating health care costs. In fact, three of the four health insurance
programs offered by the City will experience cost increases of between
12.5% to 13.8%, effective January 2007.
In an effort to control health care costs while continuing to provide
employees with health insurance benefits, the City can establish an
optional health benefit cost savings program for employees. Under this
program, employees can choose to take no action and continue to receive
the current health insurance benefit offered by the City. However, if an
employee could demonstrate health insurance coverage through another
source, that individual could then elect to take a fixed dollar amount in
place of the health insurance benefit cost.
Recommendation: That the City Council approve Resolution No. 2006-
16 establishing a health care benefit cost savings option.
Juan Nunez, residing at 2702 Del Mar Ave., spoke about dual Insurance
and asked for clarification about the item.
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Mayor Pro Tern Nunez asked if an employee could switch back right away
to receiving coverage if life situations required it.
Director of Administrative Services Chi responded that yes, special
provisions would be available, after consultation with the City Attorney.
Councilmember Imperial commented on the importance of health
insurance.
A motion was made by Councilmember Train, with a second by Mayor
Pro Tern Nunez to approve Resolution No. 2006-16 establishing a health
care benefit cost savings option. Vote resulted:
Yes:
Clark, Imperial, Nunez, Tran,
No:
Taylor
Absent:
None
Abstain:
None
Councilmember Clark pointed out the cost savings to the City. Mayor
Taylor explained he was in favor of the concept, but opposed the item
because he felt a family would get a disproportionate amount as deferred
compensation.
4. MATTERS FROM CITY COUNCIL AND STAFF
Councilmember Tran inquired about a Master Plan Program for street tree
plantings. Staff indicated that damaged tree replacement is an ongoing project,
while tree landscape design is a responsibility of the Public Works department.
Councilmember Tran inquired if there is a City ordinance imposing a penalty for
pet excretion in public areas. Mayor Taylor referenced a "Pooper Scooper" state
law and added that unless there is an official notification or citizen complaint, it is
not easy to enforce the law. Councilmember Tran requested staff research the
code in Rosemead and in other cities.
Mayor Taylor inquired if the shuttle bus will drop shoppers at Wal-Mart's front
door. Assistant City Manager Wagner replied that currently passengers are
dropped off about a block away, but this will change once traffic is less. Mr.
Wagner indicated he would follow up to ensure front door drop-off.
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MATTERS FROM CITY MANAGER & STAFF
A. Closed Session
Conference with Labor Negotiators
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Agency designated representatives: Andrew C. Lazzaretto, City Manager
Oliver Chi, Dir. of Administrative Services
Unrepresented employee: Assistant City Manager
The City Council recessed to a closed session pursuant to Government
Code Section 54957.6 at 9:23 PM and return at 9:58 pm. There was no
reportable action taken.
6. ADJOURNMENT
There being no further items at this time, the meeting was adjourned at 9:58 pm.
The next regular meeting is scheduled for October 10, 2006 at 8:00 pm.
Respectfully submitted:
City Clerk
APPROVED:
MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
minutes from September 26, 2006 were duly and regularly approved and adopted by the
Rosemead City Council on the 24th of October 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain: NONE
A- fl c"
Nina Castruita
City Clerk