CC - 01-28-03APPROVED,,
CITY O ROSEMEAD
DATE t-d a7, d-~E3
MINUTES OF THE REGULAR MEETINGI
ROSEMEAD CITY COUNCIL
JANUARY 28, 2003
The regular meeting of the Rosemead City Council was called to. order by Mayor Bruesch 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 Coumcilmember Clark
The Invocation was delivered by Mayor Bruesch
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor;Imperial, Mayor Pro Tern Vasquez, and Mayor
Bruesch
Absent: None
APPROVAL OF MINUTES: None
PRESENTATIONS: None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, complained about the frequency of yard sales at the
same addresses. Mr. Nunez stated that new items are being sold there, much like a retail store.
Donald Wagner, Assistant City Manager, replied that the majority of people having yard sales
have permits, and that there may be more than one house on the property. Mr. Wagner continued that
the City does not regulate the type of items to sell.
Councilman Taylor suggested that staff verify addresses.
Mr. Nunez stated that the same people are continually having yard sales, and that trucks unload
their goods during the day. Mr. Nunez continued that Del Mar Foods has food stacked outside the
store for sale, and on the weekends someone is selling blankets, luggage, etc: Mr. Nunez reported that
people are sleeping at the empty lot and others use it as a dump site at Del Mar and Dorothy, the same
for the Warren's School Supplies lot; and at Walnut Grove and Valley. Mr. Nunez reported a Stop
sign down on the S/E corner of Evelyn and Garvey.
Mary Jo.Maxwell, Executive Director of the Rosemead Chamber of Commerce, invited the
Council to the February Mixer hosted by Countrywide Home Loans; on February 20'h, the Chamber
will be sponsoring a Chinese New Year Dinner at the 888 Sea Food Restaurant, honoring our fire
fighters and the men and women in law enforcement; and on April 21'% the Chamber will be joining
with other Chambers on a trip to China.
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Roland Aranjo, District Director for Assemblywoman Judy Chu, urged the Council to support
Resolution No. 2003-03, Urging the California Legislature to Reject the Governor's Proposed Shift of
Local Vehicle License Fee, and to Honor the 1998 Commitment to Restore the VLF. Mr. Aranjo
explained that in 1998, the VLF was reduced when California had a budget surplus. Now the State is
facing a $26 to $34 billion budget deficit. Mr. Aranjo continued that a proposal is going through the
State Assembly this week that would restore the VLF, resulting in $4.2 billion dollars being brought
back to the cities and counties.
The following item was taken out of order:
III. C. RESOLUTION NO. 2003-03 - A RESOLUTION OF THE CITY OF ROSEMEAD
URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S
PROPOSED SHIFT OF LOCAL VEHICLE LICENSE FEE (VLF) REVENUES AND
TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF
. MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that
the Council adopt Resolution No. 2003-03. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch stated to Mr. Aranjo that the City is still interested in meeting, with Caltrans
regarding the off-ramp issues in Rosemead. Mayor Bruesch explained that many of the off-ramps in
the City are atrocious, except for the ones that the City contracts to maintain.
The regular order of the meeting continued.
H. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the public hearing was presented by the
City Attorney.
A. PROPOSED REALLOCATION OF FUNDS AND AMENDMENT TO THE
CITY'S CONSOLIDATED ANNUAL FUNDING PLAN FOR FY 2002-2003
The Mayor opened the public hearing for those in the audience wishing to speak for or against
this item. There being no one wishing to speak, the Mayor closed the public hearing.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ
that after public testimony, review and any amendments, the Council approve the City's proposed
reallocation of CDBG and HOME funds for FY 2002-2003 and authorize this item as an amendment to
the City's Annual Funding Plan. Vote resulted:
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Yes:
Bruesch, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
M. LEGISLATIVE
A. RESOLUTION NO. 2003-01- CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2003-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,006,372.46 NUMBERED 40016
THROUGH 40417
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that
the Council adopt Resolution No. 2003-01. Vote resulted:
Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 2003-02 - RALPH STREET STORM
DRAIN/MISCELLANEOUS TRANSFER DRAIN NO. 1632; STORM DRAIN
TRANSFER TO LOS ANGELES COUNTY FOR MAINTENANCE
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 2003-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT
ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM
DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN (MTD)
NO. 1632, IN THE CITY OF ROSEMEAD FOR FUTURE OPERATION, MAINTENANCE,
REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF
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MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Council adopt Resolution No. 2003-02. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
D. RESOLUTION NO. 2003-04 - RATIFYING THE FILING OF A LAWSUIT
CHALLENGING THE STORM DRAIN WATER/URBAN RUNOFF PERMIT
FOR THE COUNTY OF LOS ANGELES (NPDES NO. CAS040001)
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 2003-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, RATIFYING THE FILING OF A LAWSUIT CHALLENGING THE
STORM WATERIURBAN RUNOFF PERMIT FOR THE COUNTY OF LOS ANGELES
AND THE INCORPORATED CITIES THEREIN, EXCEPT THE CITY OF LONG
BEACH (NPDES NO. CAS004001)
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Council adopt Resolution No. 2003-04. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch stated that he was shocked by the press release from the State Water Resources
Control Board indicating that all they are asking cities to do is to put a screen over the storm drain
intakes.
. Councilmember Clark stated that there are 90 pollutants that we have to get out of the water,
and trash is only one of them. Mrs. Clark continued that the head of the Regional Water Quality
Control Board in an interview recently stated that all the cities need to do is create more parks, use
recycled water, and create wetlands. Mrs. Clark added that even if there was sufficient land to do that,
wetlands cannot just be created. Cities would be liable for the death of birds eating seeds from plants
that had pollutants in them from those areas, and various other unintended consequences.
Mayor Bruesch added that one proposal was to install traps into each of the storm drain
openings in Rosemead. It would prohibit the trash from entering the storm drains and remove the I 1
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•
immediate pollutants. Mr. Bruesch stated that this idea would be cost prohibitive as each trap was
estimated at $1000 per unit - multiply that by all the storm drains on each street and staff time to
maintain and clean the traps on a regular basis, etc.
IV. CONSENT CALENDAR (Item CC-H was removed for discussion purposes)
CC-A ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STREET
LIGHTING IMPROVEMENTS ON VARIOUS STREETS
CC-B ACCEPTANCE OF STREET DEDICATION FOR PARCEL MAP 26400 - 8925
CORTADA STREET
CC-C AUTHORIZATION TO ATTEND 25TH ANNUAL INTERNATIONAL ASIAN
ORGANIZED CRIME CONFERENCE, MAY 25-30,2003, BOSTON,
MASSACHUSETTS
CC-D AUTHORIZATION TO ATTEND THE LEAGUE OF CALIFORNIA CITIES
CITY MANAGERS DEPARTMENT MEETING, FEBRUARY 12-13,2003,
MONTEREY
CC-E AUTHORIZATION TO ATTEND THE NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESSIONAL CITY CONFERENCE, MARCH 7-11,2003,
WASHINGTON, D.C.
CC-F REQUEST FOR BUS LOADING AND UNLOADING ZONE ON LOWER
AZUSA ROAD FROM ROSEMEAD HIGH SCHOOL
CC-G REQUEST FROM MEXICAN-AMERICAN STUDENT ORGANIZATION
CC-I COALITION FOR PRACTICAL REGULATION (CPR) MEMBERSHIP DUES
FOR JANUARY THROUGH JUNE 2003
CC-J ROSEMEAD SCHOOL DISTRICT'S REQUEST TO PLACE TWO (2)
BANNERS ON VALLEY BOULEVARD DURING FEBRUARY-MARCH 2003
CC-K APPROVAL OF 2003-04 BUDGET CALENDAR
CC-L PURCHASE OF ADVERTISEMENT IN TRIBUTE JOURNAL FOR THE 19TH
ANNUAL AFFAIR OF THE HEART FOR THE LINCOLN TRAINING
CENTER, MARCH 8, 2003
CC-M AUTHORIZE SUPPORT OF LEGISLATIVE REFORM TO CURTAIL ABUSE
OF UNFAIR COMPETITION LAW
MOTION BY COUNCILMAN, TAYLOR, SECOND BY MAYOR PRO TEM VASQUEZ that
the Council approve the aforementioned items on the Consent Calendar. Vote resulted:
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Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None -
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-H PARTICIPATION IN LOS ANGELES AREA INTEGRATED WASTE
MANAGEMENT AUTHORITY AND APPROVE OF JOINT POWERS
AGREEMENT AT A COST OF $2,637 FOR FY 2002-03
Juan Nunez, 2702 Del Mar, Rosemead, asked if the City is meeting the State mandated
diversion rate?
Councilman Taylor stated that other cities are joining the Joint Powers Authority in an effort to
provide a better solution and to pool resources to have a stronger voice in Sacramento than exists for
individual cities now.
Mr. Nunez stated that many people do not have or do not use their recycling bins, that all
recyclables are thrown in with the regular trash.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCII.MEMBER CLARK that
the Council approve participation in the Los Angeles Integrated Waste Management Authority by
adoption of the Joint Powers Agreement; designate funds in the amount of $2,637, from the
Health/Solid Waste portion of the budget to pay for the City's first year's prorated annual membership
fee; and designate a representative from the City Council to serve on the Authority Board of Directors.
Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
MOTION BY MAYOR BRUESCH, SECOND BY COUNCILMEMBER CLARK that Mayor
Bruesch be appointed to serve on the Los Angeles Area Integrated Waste Management Authority.
Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
Councilman Imperial stated that a law firm has targeted 64 restaurants, nail and hair salons, and
auto repair businesses in Rosemead alone, and filed a lawsuit against them in an effort to extort
settlements. Mr. Imperial continued that this law firm and others used a seventy-year old law to try
and gain settlements ranging from $1,000 to $26,000, and they mainly targeted small, minority
businesses. Councilman Imperial stated that the Council just voted to approve supporting Legislative
reform to reduce these types of abuses and to restrict frivolous and extortionist type lawsuits.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. CLOSED SESSION
The City Council met in a closed session, pursuant to Government Code §54956.9(a), to '
discuss existing litigation: Paul Farinella v. City of Rosemead Case No. 02C02167; and pursuant to
§54956.9(c) to Consider Initiating Litigation Against City of Baldwin Park Over the Relocation of
Laidlaw Harley Davidson
Councilman Taylor stated that both items are in order and if there is no objection, suggested
that the Council vote on this item without convening to a closed session.
There was no objection from the other Councilmembers.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Council approve the recommended action. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IX. ADJOURNMENT
.There being no further action to be taken at this time, the meeting was adjourned at 8:45 p.m.
The next regular meeting will be held on Tuesday, February 11, 2003, at 8:00 p.m.
Respectfully submitted:
Ci Clerk J
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