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CC - 05-10-05MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL MAY 10, 2005 CITY O R 00SQ11EAD DATE RY The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:04 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 Tran. The Invocation was delivered by Mayor Pro Tern Taylor ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor, and Mayor Imperial Absent: None APPROVAL OF MINUTES: APRIL 12, 2005 - REGULAR MEETING MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Minutes of the Regular Meeting of the Rosemead City Council held on May 10, 2005, be approved as submitted. Vote resulted: Yes: Clark, Nunez, Tran, Taylor, 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 THE FOLLOWING IS VERBATIM: BARBARA MURPHY, 9125 BENTEL STREET: Good evening. I'm here sort of representing my street, Bentel. And, we have a lot of conversations regarding the state of the condition of Rosemead Boulevard, especially the northbound side from Glendon Way to basically under the train underpass. This is probably CalTrans road, not you. CCMIN:5-10-05 Page # I • • MAYOR IMPERIAL: Under the underpass you're talking about the traffic on the left, that's county area there, but under the control of Temple City. MURPHY: Well, I'm more concerned with from Glendon Way to Valley Boulevard. You need a tank to drive that any longer. The road is in incredibly bad condition. What are you guys going to do about it? COUNCILMAN TAYLOR: Mr. Mayor. I agree with you that it is terrible. But, you're correct, it is a state highway and they're telling us they don't have the money to fix it. But, they want the City to pave over Rosemead Boulevard, but we won't do it until they repair it. The range is between $8 and $9 million and CalTrans says they don't have the money. Yet, legally, they're supposed to repair it. Correct me if I'm wrong. That's where we're at with it. And, it is bad. MURPHY: Well, it's atrocious. This is like them saying it's your responsibility and you saying it's them. Meanwhile the street gets worse and worse every time you drive it. TAYLOR: Have they said that, that it's our responsibility. MURPHY: Well, if they want you to take over Rosemead Boulevard. TAYLOR: They're running out of money or they're out of money, but they want the City to take over ...just take it over, period. But, we're not going to do it until they repair it, if we do do it. MURPHY: Do we have any idea if it is ever going to get repaired then? KEN RUKAVINA, CITY ENGINEER: This has been an on-going concern, especially since the rains. I have corresponded with CalTrans over the last month or so asking whether or not they have short-term plans to do any work. I was told that they are looking to put together a project to do some resurfacing that might occur in about three months. I did notice that they recently did Rosemead Boulevard north of the 60 Freeway down near the park area, down near Whittier Narrows. So, I know they are starting to work on Rosemead Boulevard. MURPHY: The worst traffic is coming off the 10, on Glendon Way and Valley Boulevard. RUKAVINA: We have been on CalTrans to at least maintain the potholes the best they can. Actually, I feel they have been more responsive than they were in the past year. MURPHY: We're one large pothole now. RUKAVINA: I know. It is bad and we're on them often to...all during the winter when it was raining, we were on them to get there with their maintenance crews to fill the potholes. And, like I said, I have been corresponding with them. Hopefully, they will do something within the next three or four months. But, that is the best I can do. It is a state highway and it's out of our hands. CCM IN:5-10-05 Page a2 • • COUNCILMAN TRAN: Can we look at...obviously it is a state highway and there is an immediate need right now. Couldn't the City go ahead and repair/resurface it and have CalTrans in three or four months reimburse us for the amount. RUKAVINA: It is something I can approach the state. They'll gladly give us a permit to do work, if we pay for it...they have in the past. But, it would be a couple of million probably to do it right. TRAN: Resurface? RUKAVINA: Yes, because it is in pretty bad shape right now. MURPHY: Can't you get any politicians like Gloria Romero or Molina or any of those people to put pressure on Sacramento. RUKAVINA: Well, we could try. Unfortunately, it's one small section of... MURPHY: Well, you laugh, Jay, but they do represent us. MAYOR IMPERIAL: Let me just say MURPHY: Well, that's your opinion. Another issue is, the two John's already have this. The City of Walnut just instituted this in April. It's a real problem with people putting out couches, stoves, refrigerators, mattresses, you name it, whenever they feel like it. Finally, a neighbor gets angry enough to call City Hall. City Hall calls Consolidated. Consolidated comes and picks it up. It doesn't stop the problem because everyone knows they can get away with it. Either you'll have to start fining people or pass an ordinance because the City looks like Hell. On top of that you have people that never cut their yards, weeds are this high and nothing gets done about that either. The City of Walnut instituted that program and as of now it's working. And, it's a way of generating revenue if you want to look at it that way. Money is always an issue. That's all I have to say. COUNCILWOMAN CLARK: Mr. Mayor. I'd like to follow up on what Mr. Tran said, because I was going to ask the same thing. Is there any kind of reimbursement that they would guarantee? RUKAVINA: No, there isn't. I've had conversations with ...this whole issue about the relinquishment has become eminent, Councilmember Tran asked about it a few meetings ago so we've been doing some inquiring about it before we bring it to the full Council. Both the County of Los Angeles and the City of West Covina have been to looking to take over the State Highways in their jurisdictions. For the County it is specifically Rosemead Boulevard up near Huntington Drive, and in West Covina it's Azusa. I've been told by both of those agencies that CalTrans is willing to relinquish the roadway to them, but they're telling both agencies that they don't have the money. Both agencies have gone out and done the assessments on the boulevards to determine what the costs would be to bring it up to a good state of repair. In the case of West CCM IN:5-10-05 Page a3 • • Covina, they actually negotiated an amount, settled on an amount, and they're going through the process, which is a lengthy process where you have to have legislation passed. And, ultimately, the California Transportation Commission needs to be involved to relinquish it. Now, the state is coming in and saying that "Well, we'll give you the street, but we can't guarantee we're going to give you any money". So that is where we are at right now. TRAN: Mr. Mayor. I did have a conversation with Judy Chu about this. She is the Chair of the Appropriations Committee. She is willing to carry a bill for us. The proposal ...I did talk to some of my colleagues in South El Monte and El Monte, and also Temple City where we can have the whole Rosemead Boulevard relinquished back to local control ...tear it all up and redo it with storm drains, the lights reconfigured to synchronize with the cities. She said she will carry a bill for us. It makes sense. I understand that there is not that much money, but she'll do the best she can. If it does pass in legislation and is considered a bill, she can actually be advocating for it, and down the line can always receive money for it. But, at least we can start the process of having CalTrans relinquish the street to us. It makes a lot of sense, we actually can have our own control, and if there is a problem, we can fix it ourselves. 1 know the cost is at least $8 %z million. RUKAVINA: That's a Cadillac price too, to start negotiations. TRAN: Exactly. And that is where we want to be at. CLARK: Is she willing to, if we do the repairs, without relinquishing, would they reimburse? That's what I'm concerned about. Because I don't want to take it over with all the bills and not...and then there are future problems with storm drain management. All the things that we have to get out of the storm water is billions of dollars, and that's why CalTrans wants to get rid of it. Because they want us to foot the bill down the road. This is going to be a huge mandate. The storm drain, NPDES, TMDL, all those things. I would like to see if we could do some of the repairs and get reimbursed. If Judy carves the bill that way, but not for us to take it over because we have to pay for...down the road all these horrendous costs. TRAN: Look at Pico Rivera who has CalTrans relinquish it to them. I think in speaking to some of the members, it kind of beautified the street a little more. CLARK: They're not looking at down the road at what's going to happen with the storm water permits, they may be really, really sorry. TRAN: Wouldn't that $8 %z million give us an opportunity to kind of clean it all up and provide the necessary storm drains? RUKAVINA: Actually, from a storm drain standpoint, the boulevard is actually in pretty good shape. The issues that Mrs. Clark is referring to is all the TMDL's that we're going to have to deal with down the line. Right now we're dealing with the trash TMDL's where we have to eliminate the trash going into the L.A. river, but ultimately there is going to be a TMDL for metals and.... CCMIN:5-10-05 Page #4 CLARK: There are 92 things we have to... 0 RUKAVINA: There's 92 things, metals, biological... down the line, and putting in all the BMP's into the stone drain to filter out those constituents, is going to be what the real costly measure is going to be. Rosemead is going to be one small street in all over the City. But, you're right in that if we did have control over it we could maintain the medians exactly the way we want. We do maintain them now, but we would be able to do more with the parkways and modify the signals and keep the pavement up to speed. MAYOR IMPERIAL: I might say, Gary probably remembers, we tried to take Ramona and the parking lot for CalTrans, up there right on the corner of Hellman... and it was nothing but a farce. We spent about ten years on this street with Sacramento and finally gave up. COUNCILMAN NUNEZ: The alternative would be not to do anything. We need to do something. Even though in the past, we've failed... not failed, but discouraged. We still need to work on it and attempt to find different avenues. Find out what CalTrans would do or want to do. TAYLOR: Mr. Mayor. Have Mr. Tran and Mr. Nunez seen the material we got two years ago when they wanted us to take it over? I think that should be given to them because here it's almost two years later and it's getting worse. As far as the residents are concerned, I think you should be writing letters to the state representative and also to the newspapers. It is bad. It is the most broken up highway in the City as far as...and it's not just a temporary patch, because what happens in every rain, it gets unglued. The surface that is out there now delaminates. That's why all the asphalt is cracking out now because it's lost its bond to the concrete or base that's under it. There's no way to...they did come out in the heavy rains, they patched it and those patches are all out again. So, it's not an easy fix. And, I'm not trying to just say it's the state's responsibility. We'd like to do something. But, if we were to take the $8 million, that would almost bankrupt the City in one year - taking out our reserves. We have more money, but it's called dedicated funds. It's gasoline tax money that we have to use for particular street improvements. We've got other money that's dedicated. We can't take it and spend it to do Rosemead Boulevard. And, if we did it, we would be bankrupt in one year. It's an expensive project and the state is the responsible party. TRAN: I do recognize that. I would not, obviously, not take back the street without the caveat of the state giving us the $8 % million. But if cities like Covina, and West Covina is just now, and Pico Rivera doing it and currently tonight South El Monte is discussing their situation... position to ask CalTrans to take over that as well. Temple City is also going to be joining in that. We're actually right in the middle, kind of caught there. Why not join in and see what we can do to join forces and have a bigger bargaining chip for the state. Maybe all three cities can work together and see how we can actually maintain this boulevard after we get local control. But, again, I would not ask to move forward without getting the money from the state, and that was the goal that if that was to be relinquished that one of our legislators would help us get the funding for it. CCMIN:5-10-05 Page a5 • CLARK: Mr. Mayor. I would like to have this item verbatim in the minutes as this item will probably come up again. JAMES FLOURNOY, 8655 LANDIS VIEW, ROSEMEAD, first of all I'd like to say that I agree with Mr. Taylor. If we spend money on Rosemead Boulevard, we'd never see it again. Our Congress people cannot promise to reimburse money. It's not going to happen. I think we do need to write letters, we get the political process moving. I'd like to see how South El Monte is going to get reimbursed or repaid for Garvey or Rosemead, for instance. How are they doing that? I have no idea. I know that they are working with CalTrans somehow, and if you talk to them, the City Transportation Engineer has been there a long time. So we do need to get up to speed on this. Second item Maggie Clark brought up is the storm drain issue. We lost a lawsuit against the...I guess it was the EPA, or whoever it was that put these new regulations into effect. CLARK: It was the State Waterboard. FLOURNOY: There's item CC-B here that says we're looking at doing an appeal. I'd like to, before we vote on doing an appeal spending $5,000, see if the cities that are upstream on the Alhambra Wash, the Rubio Wash, and the Eaton Wash, which all flow through our City, are they involved with the appeal or not? We don't want to be one at the bottom end of the washes and be the lone person in our area that's appealing this lawsuit and delaying getting fixed on cleaning up the problem. TAYLOR: Mr. Mayor. Mr. Flourney, I believe that it states... aren't there 31 cities in this lawsuit, so we're trying to do it as a body. FLOURNOY: I understand some of them dropped out, I don't know how many, I don't know which ones. I did a quick poll and called some of the people upriver and I don't have answers back from them. At this point they don't know anymore than we do. I do think we need to hang together or we're all going to hang separate on this. I would like to see...I put together a list of who the chief people are up in the local government agency, and Pasadena is also working on this. But, as Maggie said, this can be a very expensive proposition. It's an unfunded mandate at this point. Talk about the storm drains on Rosemead Boulevard... trying to absolve the City... they're probably going to have to be completely reconfigured with filters for these 91 different elements... motor oil, antifreeze, arsenic, lead, the whole list. It's going to be a tremendously expensive thing. I don't know, to me the chances of working the appeal are not good from what I hear. It will buy us some time, but if we're going to do that to buy some time, we need to have a plan that what we're going to do when we lose the appeal, if we lose it. That we're ready to go and don't get stuck with, like Maggie said, billions of dollars of unfunded liability. As Gary said, it could bankrupt us real quick. So, the real thing there is we need to get reimbursed for this. Their point of view is, they're your stone drains, you need to clean them up at the source. Some of these things are cleaned up at the source. Some of these things we may have to put skimming ponds in on the storm drains for sewer treatment plants on the storm drains. It's a big item, and I'd like to see what people upstream are going to do on this. CCM IN 5-10-05 Page N6 • • JUAN NUNEZ, 2702 DEL MAR, ROSEMEAD. You're speaking about Rosemead Boulevard and this was brought up before. As Gary mentioned about two years ago, probably, it was brought up again. And I said you'd be taking a tiger by the tail by taking over from the State, a highway, on which you have a lot of streets that need repairs. You don't have the money to repair those streets. If you take a State highway that's going to take more money from your City streets, I think you should give that up. John Tran mentions Pico Rivera, if you drive down there on Rosemead Boulevard, it's a mess down there on some of the places I've driven... south of Whittier Boulevard. In fact at the time it was mentioned that North Long Beach had taken over, Bellflower had taken over Rosemead Boulevard, or down there it would be Telegraph Road, not Telegraph, Lakewood. I haven't been down there to see how they're keeping it. You're going to have to put more money into that being a State highway if you have to maintain it, at a higher standard than you do City streets. And, with the truck traffic you mentioned, that's going to continue to... IMPERIAL: Anyone know what the price we ended up at with the problem at Rosemead Boulevard, remember, going way back? The left turn signal on Valley Boulevard and Rosemead. We started off with $70,000 and by the time we got permission, it was S 165,000 as recall. VERBATIM SECTION ENDS. Marlene Shinen, 8447 Drayer Lane, South San Gabriel, spoke against Wal-Mart. Ken Pike, 9220 Steele, Rosemead, announced that the American Legion will be having a Memorial Day service at Savannah Cemetery on May 30°i at 11:00 a.m. IL PUBLIC HEARINGS - None III. LEGISLATIVE A. RESOLUTION NO. 2005-12 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2005-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $756,916.40 NUMBERED 48871 THROUGH 49045 MOTION BY COUNCILMAN NUNEZ, SECOND BY COUNCILWOMAN CLARK that the Council adopt Resolution No. 2005-12. Vote resulted: CCMIN:5-10-05 Page a7 • • Yes: Clark, Nunez, Tran, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A RESOLUTION NO. 2005-14 - A RESOLUTION OF THE CITY OF ROSEMEAD EXPRESSING SUPPORT FOR AB 1222 (JONES); AB 888 (DE LA TORRE); AND SB 459 (ROMERO) WHICH WOULD ENACT LOCOMOTIVE AND RAIL YARD EMISSIONS REDUCTION AND MITIGATION PROGRAMS; A REMOTE SENSING PROGRAM; AND CALL UPON U.S. EPA TO FURTHER LIMIT LOCOMOTIVE EMISSIONS CC-B ADOPT RESOLUTION NO. 2005-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING THE CITY'S PARTICIPATION IN THE APPEAL OF THE DECISIONS OF THE SUPERIOR COURT IN RE LOS ANGELES COUNTY MUNICIPAL STORMWA TER PERMIT LITIGATION CC-C AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES TO PROVIDE A GANG ALTERNATIVE PREVENTION PROGRAM (LAPP) CC-D AUTHORIZATION TO INSTALL A VIBROTACTILE PEDESTRIAN PUSHBUTTON DEVICE AT WALNUT GROVE AVENUE AND LANDIS VIEW LANE CC-E APPROVAL OF MODIFICATION TO EXISTING RED CURB ON NEVADA STREET (ROSEMEADAVAR) CC-F EXTENSION OF AGREEMENT WITH REPUBLIC ELECTRIC FOR TRAFFIC SIGNAL MAINTENANCE SERVICES MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Trans No: None Absent: None Abstain: None CCMIN:5-10-05 Page N8 • P The Mayor declared said motion duly carried and so ordered. Councilman Tran requested that a letter of support from the Council be sent to the AQMD regarding item CC-A. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Councilman Tran requested that in the future, the CDBG funding program extend RFP's to all school districts that have schools in Rosemead. Councilman Tran reported that weeds are growing in several medians throughout the City and requested a report on how many medians there are. Mayor Pro Tern Taylor requested that the City's landscape maintenance contractor check the median and parkways tomorrow and report back. Councilman Tran inquired about the status of the vacancies on the Traffic Commission. Bill Crowe, City Manager, replied that the Council usually schedules an interview date. Councilman Tran requested that each Councilmember appoint their own Traffic and Planning Commissioners. Mayor Pro Tern Taylor stated that the Council has always appointed the commissioners at large and he is in favor of keeping it that way. Mayor Imperial agreed with Mayor Pro Tern Taylor. Councilman Tran stated that he is requesting that the City Manager conduct a study of local cities on their policy regarding commission appointments. Councilman Nunez explained that it maybe beneficial to look at different ideas occasionally. Holly Knapp, Traffic Commissioner, explained that by appointing "at large", any interested person in the City can apply for the position of a commissioner, that this process makes it fair to citizens of the community who want to serve their City, and this has worked well for over 20 years. Mrs. Knapp concluded that the appointment process should remain as is. A. MAYOR'S COMMITTEE APPOINTMENTS MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Council approve the Mayor's Committee Appointments for 2005-2006. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: Nonc The Mayor declared said motion duly carried and so ordered. CCMIN:5-10-05 Page #9 0 E VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:05 p.m. in memory of Jess Gonzalez, founder of the Rosemead Rebels, and in memory of Miguel Contreras, labor leader. The next regular meeting will be held on Tuesday, May 24, 2005, at 8:00 P.M. Respectfully submitted: City Cler APPROVED: Y CCM IN 5-10-05 Page N 10