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CC - Approval of Minutes 05-13-97 rW 7 NOT OFFICIAL UNri ADOPTED BY THE ROSEMEAD MINUTES OF THE REGULAR MEETING 'Cl�-� COUNCIL ROSEMEAD CITY COUNCIL MAY 13, 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 Councilmember Taylor The Invocation was delivered by Pastor Bill Miller of the United Methodist Church Pastor Miller announced that he will be leaving the Rosemead area and thanked the Council for their acknowledgement. Mayor Imperial thanked Pastor Miller for his service to the community. Councilmember Clark and Mayor Pro Tern Bruesch expressed their appreciation for Pastor Miller's involvement with community activities and organizations. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: MARCH 25, 1997 -REGULAR MEETING MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Minutes of the Regular Meeting of March 15, 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. APPROVAL OF MINUTES: APRIL 8, 1997 -REGULAR MEETING MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Minutes of the Regular Meeting of April 8, 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. APPROVAL OF MINUTES: APRIL 15, 1997 - SPECIAL MEETING MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Minutes of the Special Meeting of April 15, 1997, be approved as submitted. Vote resulted: Yes: Vasquez, Imperial, Bruesch No: None Absent: None Abstain: Clark, Taylor CC 5-13-97 Page#1 The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: APRIL 22, 1997 -REGULAR MEETING There being no objections, this item was deferred to the next meeting. PRESENTATIONS: ROBERT BRUESCH- CONGRATULATIONS UPON HIS INDUCTION INTO THE TEACHERS HALL OF FAME Mayor Imperial presented Mayor Pro Tern Bruesch with a Resolution congratulating him upon his induction into the National Teachers Hall of Fame. Phillip Au, representing Congressman Matthew Martinez's office, presented Mayor Pro Tern Bruesch with a Congressional Award acknowledging his life-long dedication to education. John Nunez, Garvey School Board, thanked the members of the Council for their support of the Garvey School District's presentation to Mr. Bruesch. A five-minute recess was called at 8:15 p.m. and the meeting was reconvened accordingly. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE -None H. PUBLIC HEARINGS A. PUBLIC HEARING REGARDING ADOPTION OF THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME ANNUAL FUNDING PLAN FOR FY 1997-1998 An explanation of the procedures for the conduct of the public hearing,was presented by the City Attorney. Frank Tripepi, City Manager, presented the staff report. The Mayor opened the public hearing for those wishing to speak for or against this item. Juan Nunez, 2702 Del Mar, Rosemead, asked if any of the HUD funding will be used to bring business into the City. Mr. Tripepi responded that there is a provision in the CDBG fund to assist businesses who wish to relocate and provides funding for facade improvements to existing businesses. Mr. Nunez requested clarification on businesses that have been given funds to relocate and then does not produce any revenue back to the City for years and years, resulting in a loss to the City. Mr. Tripepi explained that HUD has to approve any programs for homeowners or businesses before funding can be disbursed. Mayor Pro Tern Bruesch stated the HUD not only brings people to the community through housing, but strives to provide jobs for those people also. The Mayor closed the Public Hearing. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council approve the proposed CDBG and HOME Annual Funding Plan. Vote resulted: CC 5-13-97 Page#2 Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 97-18 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 97 - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,253,679.43 NUMBERED THROUGH 20042. MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council adopt Resolution No. 97-18. Vote resulted: Yes: Vasquez, Taylor, Clark, Bruesch, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Pro Tern Bruesch requested an explanation of Check No. 20006 in the amount of $10,000 to EIP Associates for archaeological services on the Abilene Street Project. Don Wagner, Assistant City Manager, responded that this project required having an on- site archaeological expert present to prevent any damages to historical artifacts. Councilmember Taylor requested a report on why Abilene Street was required to have an inspector on-site and what criteria is used to select other streets. B. RESOLUTION NO. 97-17 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING PROPOSITION "E" WHICH CALLS FOR REPLACEMENT FUNDING FOR FIRE AND PARAMEDIC EMERGENCY SERVICES AND ENCOURAGING ROSEMEAD VOTERS TO VOTE YES ON PROPOSITION "E" ON JUNE 3, 1997. The following resolution was presented to the Council for adoption: RESOLUTION NO. 97-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING PROPOSITION "E" WHICH CALLS FOR REPLACEMENT FUNDING FOR FIRE AND PARAMEDIC EMERGENCY SERVICES AND ENCOURAGING ROSEMEAD VOTERS TO VOTE YES ON PROPOSITION "E" ON JUNE 3, 1997 CC 5-13-97 Page#3 VERBATIM DIALOGUE BEGINS: JUAN NUNEZ, 2702 DEL MAR, ROSEMEAD: As I said before, I have no control over your voting, but I wish you wouldn't support this. According to information that was sent to me from the Fire Department...Mr. P. Michael Freeman, Chief of Los Angeles County Fire Department. It mentions here that we would be only assessed $48.00 per year on a single-family home instead of $50.90 that is now assessed, which was an illegal assessment in my view. Only the Board of Supervisors have the power to pass it, so we have to pay it. What has happened, they say that we'll be saving money, we'll be saving $3.00, yes...$2.96. What has happened to the $2.96 within the last 6 or 7 years? I believe this was passed in'91. Now, and I don't know whether they're trying to entice the voters...OK, so we're going to get a reduction of$2.96, you might as well vote for it. I think they're just putting the foot in the door for next time that they want to bring that in...another vote. MAYOR IMPERIAL: Thank you for making your point, Juan. Gentlemen and Lady, what's your pleasure. NUNEZ: As far as emergencies I know that there's a lot of people that do get emergency calls for free. In fact I saw one about 4 months ago for a little child, cut his finger. They called the paramedics, the Fire Department was there, and I believe 2 or 3 Sheriff's cars were there. Since it didn't cost them a cent, I think maybe it should be done in a way that maybe people will be more responsible and pay for their bills and maybe we won't have this type of... IMPERIAL: Thank you, Juan. MAYOR PRO TEM BRUESCH: Move the approval. COUNCILMEMBER CLARK: Second. IMPERIAL: There's a motion and a second. Any questions? Would you vote please. Vote taken from voting slip: Yes: Imperial, Bruesch, Clark No: None Absent: None Abstain: Vasquez, Taylor COUNCILMEMBER VASQUEZ: Mr. Mayor. I would like to say that the reason I abstained is because I would like to allow the voters to make that decision, with due respect to my other colleagues here. IMPERIAL: This is just a resolution. COUNCILMEMBER TAYLOR: Mr. Mayor. I also have the same thoughts in this aspect that Mr. Vasquez has. But, I don't believe there was enough information explaining what the Oversight Committee is going to do to enforce this particular raise. When they passed this in 1991, it was to be phased in over a 5-year period. And, they didn't wait 5 years to take the full amount. So, there's not enough information as far as I'm concerned. What protects the residents in future years? What it says, for $48.00 or so for one year, or two years, or three years, it's open-ended right now, so I don't have enough information on it. Besides,just let the voters decide. CLARK: Mr. Mayor. I have a question. If this passes and they want to do it again the next year, does it have to be put to a vote again? IMPERIAL: Yes. CC 5-13-97 Page 114 CLARK: That's what I understood. TAYLOR: I couldn't find the answer...how it works, Maggie. IMPERIAL: Councilmembers Taylor and Clark, I haven't seen anything that is passed yet that they've ever forgot about after that period of time. It just goes on and on and on. CLARK: But, "218" has changed the whole ball game. That's the whole point. IMPERIAL: We're still dealing with an income tax that was temporary for many years. CLARK: Right. But, I mean that the implication was that if this is on, it will be on forever, and "218" has changed that. Mr. Kress, do you know whether... CITY ATTORNEY KRESS: If it passes and it passes with a formula that says it's going to escalate with the cost-of-living, then it doesn't have to have an election every year. CLARK: Well, my feeling,just to clarify is that this is a...it's not a new tax. It's lower than we were paying before and I think that needs to be made clear. My reason for supporting it is because the...I would hate to see the cutbacks that might take place if it doesn't pass and find out later that we didn't have the paramedic service, that the response time went down on the ambulances, and if we have an earthquake, we could be in a very, very, very serious problem. That's my reason for voting for this. I do not want to see any cuts in the service because we are sitting on earthquake faults here and I'm very concerned about that. I don't think we're nearly as prepared as we should be in our own homes or anywhere for that matter. I think we're deluding ourselves into thinking that it just won't happen. It's been predicted that it will. That's my reason for supporting this. The voters will have a chance to vote on it. We're in no way making this decision for them. BRUESCH: Mr. Mayor. To clear up a point that was brought up in discussion. The difference in $2.96 is due to that fact that the benefit assessment levy is levied against only those properties that receive the benefit. Which means that, I believe that vacant property did not have that tax put on them. Is that true? The difference is now on the property tax all pieces of property have to pay that. The amount of tax has not been changed, it's the amount of the pieces of property that are paying that levy right now has changed. Therefore, you have a $2.96 difference. TAYLOR: I'd like that in the Minutes verbatim so we all have our comments on that. VERBATIM DIALOGUE ENDS C. RESOLUTION NO. 97-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS The following Resolution was presented to the Council for adoption: RESOLUTION NO. 97-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 97-19. Vote resulted: CC 5-13-97 Page#5 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 AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY BY NESTOR S. LERMA CC-B REQUEST FOR PARKING RESTRICTIONS ON NORWOOD PLACE EAST OF MUSCATEL CC-C REQUEST FOR GREEN CURB ON GARVEY AVENUE AND DEQUINE AVENUE CC-E RELEASE OF BONDS - TM 51299; 3122-3134 BARTLETT AVENUE CC-F REQUEST FOR PARKING RESTRICTIONS ON MISSION DRIVE IN THE VICINITY OF ENCINITA AVENUE CC-G REQUEST FOR INSTALLATION OF RED CURB ON RIO HONDO IN THE VICINITY OF MARSHALL STREET CC-H EXTENSION OF AGREEMENT FOR SIGNAL MAINTENANCE SERVICES MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER VASQUEZ that the Council approve the aforementioned items. Vote resulted Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-D AWARD OF BID FOR CODIFICATION AND LEGAL SERVICES FOR CITY'S MUNICIPAL CODE Mayor Pro Tern Bruesch asked if the maintenance agreement on the software was included in the overall cost and is it renewable, and if supplemental services are available for future use. The City Clerk responded affirmative. Councilmember Taylor requested information on who owns the copyrights to the Code asked if the City has the right to copy the complete Code. Robert Kress, City Attorney, stated he will provide Council with a memorandum pending clarification of this item. MOTION BY MAYOR PRO TEM BRUES CH, SECOND BY COUNCILMEMBER CLARK that the Council approve the agreement with Book Publishing Company(BPC) and authorize its execution by the Mayor. Vote resulted: CC 5-13-97 Page#6 Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Pro Tern Bruesch requested that the Council review the preliminary Code prior to final approval. V. MATTERS FOR DISCUSSION AND ACTION-None A. PRELIMINARY VALLEY BOULEVARD TREE PLANTING CONCEPTS Councilmember Clark stated that she favors retaining the eucalyptus trees that have not damaged the sidewalks and have them interspersed with sweetshade trees with the caveat that the trees are kept trimmed clear of the business signs. Councilmember Taylor expressed his concern that the sweetshade trees, according to the attached example, are low enough to cover the signs. Mayor Pro Tem Bruesch asked if large mature trees that are already 10' to 12' tall can be purchased to speed up the time that the trees may be obscuring the signs. Councilmember Taylor responded that sweetshade trees in the example are probably 10 years old and trees that large are not available in boxes. Mr. Taylor continued that the example shows that the signs are blocked and is concerned that if sweetshade trees are planted, the business signs will be covered for the next 10 years, which is a major complaint of businesses along Valley Boulevard. Andy Mays, from Willdah Associates, was present to answer any questions. Mayor Pro Bruesch asked Mr. Mays if the lower branches of the sweetshade trees can be pruned. Mr. Mays responded that the branches can be pruned and that the sweetshade tree was selected for its hardiness and narrow columnar habit, and when mature, the crown is high allowing sign visibility from cars and for pedestrians. Mr. Mays continued that if the sweetshade tree is planted, they will be 10'to 12', the crowns will be in front of the buildings for 6 to 12 years until they are tall or mature enough to be pruned without causing damage to the trunk structure. Mayor Imperial requested information on the small trees streetscape. Mr. Mays responded that those are raphiolepus trees and the concept is that those trees will not grow high enough to interfere with signage; however, they have minimal visual impact. Mr. Mays then outlined all the advantages and disadvantages of the streetscape concepts. The small trees concept is not recommended as the City will be spending funds to maintain and support a system that does not have a desirable impact or image. Mr. Mays continued that the palm tree concept is strong in that there is maximum sign visibility, the trees grow quickly, the roots are non-invasive and it has a nice skyline impact. The sweetshade trees flowers nicely for visual effect, but will interfere for a period of time with business signs; however, it is a well recommended tree. Mayor Pro Tem Bruesch asked about the maintenance of the trees. Mr. Mays responded that the palm trees will have a faster, more frequent pruning cycle, approximately every two years; however, they do not produce as much greenwaste as the sweetshade tree will. Mr. Mays explained that with the sweetshade, there is a longer interval CC 5-13-97 Page#7 between pruning of approximately four to five years and pruning usuallly stops after they are 10 years old. Councilmember Clark asked if the sweetshade trees can be placed so as to not block individual businesses. Mr. Mays responded that in the examples, the trees were not placed with specific businesses in mind. However, due to so much equipment in the streets such as water and gas meters, catch basins, etc., it will limit the placement of trees. Mayor Pro Tern Bruesch stated that the desirable outcome of trees planted along Valley Boulevard is to provide some respite for shoppers and make the street an inviting place to be. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER CLARK that the Council approve the salvaging of the existing eucalyptus trees interspersed with plantings of sweetshade trees. 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. AB 1151 (GOLDSMITH) - CITATION OF MINORS FOR TRUANCY ON SCHOOL DAYS MOTION BY COUNCILMEMBER CLARK that the Council oppose this bill as there is existing law in place that does not need to be pre-empted. Councilmember Vasquez stated that he is concerned with the truancy enforcement problems the City of Monrovia is experiencing; however, Rosemead does not share the same problem. Mr. Vasquez continued, he cannot support the opposition to this bill. Councilmember Clark explained that this bill would not cancel the City's existing ordinance. Mayor Imperial stated that he is in opposition to this bill as the City currently has the tools to work with to handle this problem and is doing so, and does not feel "big" government should interfere. Councilman Vasquez verified that this bill will not affect the City's ordinance. Mayor Pro Tem Bruesch stated that he seconds the motion. MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council oppose AB 1151 (Goldsmith). Vote resulted: Yes: Vasquez, Taylor, Imperial, Bruesch, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS -None CC 5-13-97 Page#8 VII. MATTERS FROM OFFICIALS A. MAYOR PRO TEM BRUESCH 1. Requested a status report on homes with safety bars. 2. Stated that the left turn phasing at Valley Boulevard onto Rosemead Boulevard varies in time from 8 to 15 seconds and requested an update on that situation. 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 9:00 p.m. The next regular meeting will be held on Tuesday, May 27, 1997, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CC 5-13-97 Page#9