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CC - 01-22-02i jpIkOV ED CITY- r RO' iIEAD MINUTES OF THE REGULAR MEETUNV,~• - ROSEMEAD CITY COUNCIL JANUARY 22, 2002 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 Councilman Vasquez. The Invocation was delivered by Reverend Daniel Kwok of Branches Christian Ministries. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tem Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: JANUARY 8, 2002 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Minutes of the Regular Meeting of January 22, 2002, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, 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 - None H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PLANNED DEVELOPMENT REVIEW (PDR 00-01) TENTATIVE TRACT MAP 53377 (8723-8729 MISSION DRIVE) CCMIN:1-22-02 Page # I 6 • Frank Tripepi, City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to address this item. Homer Yen, Project Architect, 805 W. Duarte Rd, Arcadia, was present to answer any questions. Mayor Pro Tern Bruesch confirmed that the sidewalks are 6' wide and that the other housing development going in next to this project will be architecturally compatible. There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council approve Planned Development Review 00-01 and Tentative Tract Map 53377, subject to conditions in Exhibit "A". Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A 5-minute recess was taken at 8:10 p.m. and reconvened accordingly. A.I. RESOLUTION NO. 2002-07 -APPROVING DEVELOPMENT REVIEW 00-01 AND TENTATIVE TRACT MAP 53377, SUBDIVIDING TWO LOTS INTO TWELVE LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 8723-8729 MISSION DRIVE The following Resolution was presented to the Council for adoption: RESOLUTION NO. 2002-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING PLANNED DEVELOPMENT REVIEW 00-01 AND TENTATIVE TRACT MAP NO. 53377, SUBDIVIDING TWO LOTS INTO TWELVE LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 8723- 8729 MISSION DRIVE (APN: 5389-010-067, 068) MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Council adopt Resolution No. 2002-07. Vote resulted: CCMIN:1-22-02 Page k2 • Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2001-04 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2001-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,776,353.16 NUMBERED 36422 THROUGH 36602 MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council adopt Resolution No. 2002-04. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 821- DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION AND DECLARING THE CITY COUNCIL OF TILE CITY OF ROSEMEAD TO BE THE COMMUNITY DEVELOPMENT COMMISSION Juan Nunez, 2702 Del Mar, Rosemead, asked if there was a need for a Community Development Commission, thus creating another bureaucracy. Mr. Nunez asked what the salary would be for the new Commissioners. CCMIN:1-22-02 Page #3 0 • Frank Tripepi, City Manager, replied that by rescinding the monthly auto allowance for Councilmembers and the $60 a month salary to Agencymembers, will result in the new Commissioners netting a salary of $990 per month. Mr. Nunez stated that this item should be presented to the voters. Mayor Imperial stated that State Legislators set their salaries. Mr. Tripepi stated that the Council has traditionally set their salaries based on the Government Code Sections. Mr. Nunez then spoke on Item D. - Ordinance No. 822. Mr. Nunez asked how long can indebtedness exist. Peter Wallin, City Attorney, explained that the Legislature was concerned that the Redevelopment Agencies, whose power to incur debt would expire in 2004, would then go out and incur debt whether they needed it or not. The Legislature then decided to repeal the provision that required a limit on indebtedness, which effectively extends the power to incur indebtedness to 2014. The City is amending the Redevelopment Plan to bring it into conformance with State law. Mayor Pro Tern Bruesch stated that the length of the life of a Redevelopment Agency has not changed, only the time period in which they can incur debt has changed. The length of when they can pay off that debt has not changed either. Mr. Bruesch stated that the three things that the Legislature addressed were the length that a Redevelopment Agency could exist; the length they could take to pay off their debts; and the amount of time they can incur that debt. The only thing that changed was the amount of time they can incur that debt. Mr. Bruesch continued that the Legislature did not want Redevelopment Agencies to go out and sell lots of bonds thus flooding the market and making the value of the bonds less. Councilman Taylor asked if the Agency were to sell their bonds now, how long could they be sold to create debt to keep the Agency in existence. Mr. Wallin replied that he did not have the plan at hand, but he thought the power to obtain tax increment and pay off debt expires in 2024. Councilman Taylor stated that he disagrees. Mr. Taylor stated that the Agency sold bonds in 1997 for approximately $17 million. Mr. Taylor explained that that created a debt of $51 million for 40 years, to be paid off with tax increments, until 2037 approximately. Mr. Taylor continued that there is a provision in that law that allows an Agency to refinance or reissue these bonds for an additional 10 years. Mr. Taylor stated when debts such as this are created, they are self-perpetuating and it goes on and on because cities do not want to give up their tax increment. CCMIN:1-22-02 Page #4 • • Mr. Wallin stated that State law now puts a limit on the amount of time an Agency has to collect tax increments to pay off their debt, and that limit has not been changed. Councilman Taylor stated that if a debt is created and there is a shortfall in tax increment, the Agency can just refinance to keep paying the debt off. The debt cannot be automatically cancelled. Mr. Wallin replied that the Agency cannot do that beyond the tax increment limitation because the Agency won't have the money to pay it off. B. ORDINANCE NO. 821- DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION - ADOPT This'ordinance was presented to the Council for adoption. ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION AND DECLARING THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO BE THE COMMUNITY DEVELOPMENT COMMISSION MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN ~AYLOR that the Council waive reading and adopt Ordinance No. 821. Vote resulted: VASQUEZ Yes: Bruesch, Imperial, Clark, Vasquez No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated his opposition again that Rosemead's Redevelopment Agency is completely functional and collects tax increments. The two senior citizen buildings were built with that money. Mr. Taylor stated that formation of the CDC is primarily a name change only and sets the prerogative for the Commissioners to receive an increased salary. The Redevelopment Agency and CDC are governed by the same codes and regulations.. C. RESOLUTION NO. 2002-05 - SETTING TERMS AND COMPENSATION OF COMMUNITY DEVELOPMENT COMMISSIONERS The following Resolution was presented to the Council for adoption: CCMRQ:1-22-02 Page u5 • 0 RESOLUTION NO. 2002-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING TERMS AND COMPENSATION OF COMMUNITY DEVELOPMENT COMMISSIONERS AND REPEALING CITY COUNCIL RESOLUTION NO. 2000-41, ESTABLISHING A MONTHLY AUTO EXPENSE ALLOWANCE FOR COUNCILMEMBERS MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2002-05. Vote resulted: Yes: Bruesch, Imperial, Clark, Vasquez No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that his comments opposing the need for a Community Development Commission as he stated at the Council meeting of January 8, 2002, be included: "So, the only difference that I can see on this particular thing is that we now go from $30 a meeting or $60 for two meetings per month that we have as a Redevelopment Agency and by changing the name, we now go to $1200 a month, or $14,400 a year additional per Councilmember. " "In all fairness to the Council, I thought all these years we've participated as a Redevelopment Agency and we've done the best we can for the community whether they're for something or against something. I think we've operated according to all the State laws and differences in policies or votes is not the issue. But in all fairness to the residents of Rosemead, we're telling them that now we're going from $700 a year for the Redevelopment Agency, and now we're going to say to the residents that they're now going to pay us $14, 000 (per Commissioner) a year or roughly an accumulation of $75, 000 additional salaryfor the five Councilmembers. After all these years, every one of us have been here and I, in all fairness, cannot and will not vote for that. I'm not...I think the Council and Agencymembers have done their best and have done it for the community. But, I cannot vote for this. " (1/08/02) D. ORDINANCE NO. 822 - AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 BY ELIMINATING THE RESTRICTION ON THE ABILITY OF THE AGENCY TO INCUR DEBT - ADOPT The following Ordinance was presented to the Council for adoption: CCMIN:1-22-02 Page a6 • ORDINANCE NO. 822 E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH SECTION 33333.6(e)(2) OF THE COMMUNITY REDEVELOPMENT LAW MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council waive reading and adopt Ordinance No. 822. Vote resulted: Yes: Bruesch, Imperial, Clark, Vasquez No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his comments from the Council meeting of January 8, 2002, remain the same. Mr. Taylor's comments are as follows: "This law that they're referring to and the pre-1993 legislation that was enacted... one of the things that we run into with the term limits, there were State Legislators, the Senate and Assembly that were well aware of the problems that were created with the Redevelopment Agencies and how the funding took place for a lot of the project areas. Almost all of those Assemblymembers and Senate members have been replaced by people who have no knowledge of that background that went into these laws or why they were put into place. The way it goes now that... it's the best country in the world that we live in, but it's becoming such a bureaucratic condition that those that were involved with the struggles that went on to get those laws, they're no longer in the Legislature. I couldn't say if there is even one... with the six year terms that are put on for the Assembly, and the eight or so years for two terms for the Senate. Because of all the abuses that went on prior to 1993, I can't vote for this one because it's taking away the purpose of the law which was to make the cities and agencies say put your plan out for five years and whatever it takes to get your loans, the debt, whatever it takes, but now by wiping out the time limit, it's just wide open again. I have to vote no on this one. " (1/08/02) Mr. Tripepi confirmed for the record that Mr. Taylor does not want Items B, C and D read in their entirety, and that his no vote is against the adoption of those items. E. RESOLUTION NO. 2002-06 - ADOPTING THE 2002 SUPPLEMENT TO THE GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The following Resolution was presented to the Council for adoption: CCMIN:1-22-02 Page #7 • RESOLUTION NO. 2002-06 `J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING THE 2002 SUPPLEMENT TO THE "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-06. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-C was removed for discussion purposes) CC-A APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 25892 - 9227 PITKIN STREET CC-B 2002-2003 BUDGET CALENDAR CC-D AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES ANNUAL CONGRESSIONAL CITY CONFERENCE, MARCH 8-12,2002, WASHINGTON, DC CC-E APPROVAL OF 4T11 OF JULY/CITY CELEBRATION AND CARNIVAL AGREEMENT FOR 2002 MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C REQUEST TO REMOVE ON-STREET PARKING PROHIBITIONS ON 7500 E. HELLMAN AVENUE - CITY OF ANGELS MEDICAL CENTER CCMIN:1-22-02 Page #8 9 0 Councilman Taylor requested clarification on the section of red curbing to be removed . and those sections that are to remain. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council approve the removal of 100 feet of red curb on Hellman Avenue in front of the Medical Center. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Mayor Pro Tern Bruesch reported that the San Gabriel Valley-Baldwin Park area has experienced their first nesting of Af icanized Bees. Mr. Bruesch stated that an elementary school student had been stung 18 times, but is expected to fully recover. Mr. Bruesch stated that the Vector Control District is becoming more active due to the westward movement of the West Nile Virus. The District is increasing their knowledge of breeding habits and ways to control the mosquito. Mr. Bruesch requested that the City's newsletter include information how to eliminate the breeding areas of mosquitoes, such as standing water, etc. 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 8:35 p.m. The next regular meeting will be held on Tuesday, February 12, 2002, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: MA R CCMIN:1.22-02 Page #9