CC - Item 2B - Minutes 02-14-06i 0
Minutes of the Regular Meeting
Rosemead City Council
February 14, 2006
Mayor Imperial called the meeting to order at 8:00 PM.
Councilman Nunez led the pledge to the flag.
The Invocation was led by Councilmember Tran.
Roll Call:
Present: Clark, Imperial, Tran, Mayor Pro Tern Nunez, Mayor Taylor
Absent: None
Approval of Minutes: December 13, 2005
Mayor Pro Tern Taylor requested the minutes be deferred until the next meeting.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Alejandro Gandara, residing at 2523 Dubonnet Avenue, spoke about the
Imperial vs. Castruita lawsuit. He felt the lawsuit was brought forth by the
Mayor to save his job by using a minority issue. He asserted that an
interpreter was present when Lang Lee was asked to sign the recall
petition.
Mayor Pro Tern Taylor stated for the record: "I reviewed the 1965
Voting Rights Act and the amendments to that. That act is very, very
specific about foreign languages. It's not that you (Mayor Imperial) brought
this or pulled a rabbit out of a hat, it's actually in the law and I want that in
the record clearly that you just didn't do something that was questionable".
Audience member Alejandro Gandara responded: "That law has nothing
to do with a citizen sponsored petition".
2. PUBLIC HEARINGS - None
3. LEGISLATIVE
A. RESOLUTION NO. 2006-02 CLAIMS AND DEMANDS
Recommendation: Adopt Resolution No. 2006-02, for payment of
City expenditures in the sum of $1,578,921 claims numbered 51777
through 52030.
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Councilmember Nunez made a motion to approve Resolution No.
2006-02 as described above with a second by Councilmember
Clark. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
B. ADOPTION OF RESOLUTIONS AUTHORIZING THE
ISSUANCE OF TAX ALLOCATION BONDS, SERIES 2006 AND
THE EXECUTION OF RELATED DOCUMENTS TO REFUND
EXISTING BONDS AND GENERATE NEW MONEY PROCEEDS,
AND AUTHORIZING CREATION OF AND CERTAIN ACTIONS OF
THE ROSEMEAD FINANCING AUTHORITY.
At its November 8, 2005 meeting, the CDC selected the firm Piper
Jaffray to serve as senior managing underwriter and authorized
staff to pursue the refunding of the Series 1993 Tax Allocation
Bonds. Based on the market condition of January 27, 2006, the
Commission can refund $9.335 million of its outstanding 1993A
Bonds. In addition, the Commission can generate approximately
$5.67 million in new money for eligible capital projects.
Recommendation: It is recommended that the City approve the
Resolution No. 2006-04, authorizing the CDC to sell the bonds and
Resolution No. 2006-05 to form the Rosemead Financing Authority.
Councilmember Nunez, with a second by Councilmember Clark,
made a motion to approve Resolution 2006-04 and 2006-05 as
described above. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Mayor Pro Tern Taylor asked the minutes reflect the discussion that
took place in the Community Development Commission meeting
discussing these items.
Discussion excerpted from the February 14, 2006 Community
Development Commission meeting minutes regarding Resolution
2006-04 and 2006-05:
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At its November 8, 2005 meeting, the CDC selected the firm
of Piper Jaffray to serve as senior managing underwriter and
authorized staff to purse the refunding of the Series 1993
Tax Allocation Bonds. Based on market conditions as of
January 27, 2006, the Commission can refund $9.335 million
of its outstanding 1993A Bonds. In addition, the
Commission can generate approximately $5.67 million in
new money for eligible capital campaigns.
Commissioner Taylor asked for clarification regarding the
necessity of a Finance Authority and who has the power to
establish one.
Agency Attorney Wallin explained there is a joint powers
authority between the CDC and City Council; both entities
have to give approval to establish the Finance Authority.
Kevin Hale, Bond Counsel from Orrick, Harrington & Sutcliff
explained the necessity of the Finance Authority. to facilitate
a negotiated bond, as neither the City nor the CDC can enter
a negotiated sale on its own.
Commissioner Taylor asked why the city had not used a
negotiated sale for the five previous bond sales the CDC has
undertaken which utilized a competitive sale format.
Diane Hue, Public Financial Management (the City's
Financial Advisor) explained that the city's credit rating had
slipped a few years ago to Triple B, and recently upgraded
to a Triple B+, but competitive sales require a higher level of
credit.
Eric Scriben, from Piper Jaffray indicated that events in
200012001 accounted for the credit downgrade.
Frank Trapeppi, the former Rosemead City Manager
explained that the city's downgrade was a result of Southem
California Edison's potential bankruptcy a few years ago due
to deregulation. Taxes generated from Edison account for
25% of the city's tax increment to Project Area 1.
Mr. Scriben addressed Edison's current situation and tax
history with Standard and Poors, which allowed him to
leverage a higher credit rating for the city.
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A change was made to Page 6, Section C, in the Projected
Tax Increment Revenue Project Area 1 to strike eminent
domain from the Finance Authority's listed powers.
An informational to be presented at the February 28th
meeting.
The following recommendation was presented to the Agency
for adoption:
That the Community Development Commission adopt
Resolution No. 2006-02 to effect the execution and delivery
of bond and adopt Resolution No. 2006-03 to form the
Rosemead Financing Authority with an amendment that
eliminates eminent domain as a power of the Finance
Authority.
Commissioner Nunez made a motion with a second by
Commissioner Tran that the Commission adopts Resolution
No. 2006-02 and Resolution 2006-03 with said amendment.
Vote resulted
Aye: Clark, Imperial, Nunez, Taylor, and Tran
No: None
Absent: None
Abstain. None
The Chairman declared said motion duly carried and so
ordered
4. CONSENT CALENDAR - RECOMMENDATION: APPROVAL
Items A and H were pulled for discussion.
B. APPROVAL OF CONCESSION STAND LICENSE
AGREEMENT - ROSEMEAD YOUTH ASSOCIATION
The Rosemead Youth Association (R.Y.A.) has requested the use
of the concession stand at Rosemead Park from February 18, 2006
through August 15, 2006.
Recommendation: It is recommended that the Rosemead City
Council approve the License Agreement and authorize its execution
by the Mayor.
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C. RESOLUTION NO. 2006-06 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD CALLING FOR STATE
INCLUSION OF THE 710 FREEWAY GAP CLOSURE PROJECT
IN THE GOVERNOR'S TRANSPORTATION BOND PROPOSAL
Recommendation: Adopt Resolution No. 2006-06
D. RELEASE OF BOND - TRACT MAP 53447; 8719 MISSION
DRIVE
A Faithful Performance Bond and a Labor Bond and Material Bond
was required to guarantee construction of a roadway, curb and
gutter, sidewalk, driveways, handicap ramps, parkway drains, water
system, sewer system, street lights, parkway landscaping, and
traffic signing and striping. Faithful Performance Bond and a Labor
and Material Bonds were issued to the City in the amounts of
$416,000 and $208,000, respectively. The improvements have
been installed satisfactorily.
Recommendation: It is recommended that the City Council accept
the public improvements and authorize release of the bond.
E. APPROVAL OF TRACT MAP NO. 60158 - 8470 MISSION
DRIVE
Tract Map No. 60158 is being submitted for consideration and
approval along with an Undertaking Agreement and Faithful
Performance and Labor and Material Bonds to guarantee the
construction of a private street, storm drain facilities, sewer main
and laterals, water facilities and survey monuments subsequent to
the recordation of the tract map. Easement dedications are
required to be granted on the map for public sewer purposes.
Recommendation: It is recommended that City Council:
1. Approve Tract Map No. 60158;
2. Approve the undertaking agreement;
3. Accept the sewer easement dedications; and
4. Direct the City Clerk to arrange for the recordation of the
map.
F. RELEASE OF BOND - TRACT MAP NO. 60712, 3441 IVAR
AVENUE
A Faithful Performance Bond and a Labor Bond and Material Bond
was required to guarantee construction of sewer house laterals,
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drive approaches, sidewalk and survey monuments. In lieu of
bonds, a Certificate of Deposit was issued to the City in the amount
of $9,000. The improvements have been installed satisfactorily.
Recommendation: It is recommended that the City Council accept
the public improvements and authorize release of the bond.
G. RESOLUTION NO. 2006-03 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD ADOPTING THE 2006
EDITION OF THE "GREENBOOK" STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
By adopting this resolution, the Rosemead City Council resolves
that the 2006 Edition of the Standard Specifications for Public
Works Construction will be adopted for use for public works
projects.
Recommendations: It is recommended that the Rosemead City
Council adopt Resolution 2006-03.
1. APPROVAL OF PROPOSAL TO PROVIDE ENGINEERING
SERVICES FOR CONCRETE REPAIRS AT VARIOUS
LOCATIONS
This proposal provides for engineering design and construction
management services for concrete repairs at various locations
throughout the City and the construction of sidewalk in front of 9206
and 9216 Pitkin Street and along the side yard frontage of 4434
Encinita Avenue.
Recommendation: It is recommended that the City Council:
1. Approve the engineering proposal.
2. Direct staff to begin the preparation of the necessary plans
and specification.
Mayor Pro Tern Taylor made a motion to approve Consent
Calendar items listed above, with a second by Councilmember
Clark. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
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A. AWARD OF BID RE-ROOFING OF DINSMOOR HOUSE AT
9632 STEELE STREET
At the regular meeting of December 27, 2005, the City Council
awarded the bid to Ace Tek Roofing Co. provided that prevailing
wages were paid. They did not pay prevailing wages and the
second bidder, Devon Roof Co. declined to enter into a contract.
Staff solicited and received bids from Ace Tek Roofing, Rey-Crest
Roofing, and Terrones Contracting.
Recommendation: It is recommended that the City Council find
pursuant to Public Contracts Code 22050 that the emergency will
not permit a delay resulting from a competitive solicitation for bids
and the action is necessary to respond to the emergency; and the
Council by a four-fifths vote award the bid to Ace Tek Roofing Co.
in the amount of $26,700, and authorize Terrones Contracting to
make the necessary rafter repairs.
Councilmember Tran made a motion, with a second by
Councilmember Nunez to approve the staff recommendation for the
award of bid re-roofing of Dinsmoor House at 9632 Steele Street.
Mayor Pro Tem Taylor pointed out that the type of roof construction
proposed by Ace Tek Roofing would not be as durable as the type
of roof construction propsed by Rey-Crest Roofing, based on his
construction knowledge. He recommended the City instead accept
the bid from Rey-Crest Roofing, as the cost difference would only
be $700 for a more durable type of roof and authorize Terrones
Contracting to make the necessary rafter repairs.
Councilmember Tran and Nunez amended their motion to accept
Mayor Pro Tern Taylor's recommendation of awarding the
Dinsmoor House re-roofing bid to Rey-Crest Roofing and authorize
Terrones Contracting to make the necessary rafter repairs. Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
H. REQUEST FOR PARKING RESTRICTION ADJACENT TO A
FIRE HYDRANT BE REDUCED AT 7665 GRAVES AVENUE
A property owner requested that the parking restriction adjacent to
a fire hydrant in front of her property at 7665 Graves Avenue be
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reduced. The Traffic Commission deliberated this matter and the
request was denied and referred to the City Council.
At the request of the property owner, this matter was deferred from
the last City Council meeting of January 24, 2006.
Recommendation: It is recommended that the City Council
concur with the Traffic Commission and deny the request to reduce
the parking restriction adjacent to the fire hydrant in front of 7665
Graves Avenue
Dolly Leong, residing at 6939 Rosemead Blvd. spoke about this item. Ms.
Leong submitted a two page letter to the council on February 14 and read
the letter to the council. (The letter is on file with February 14 agenda
items). Ms. Leong advocated that her lot does not have enough parking
space and suggested that the parking restriction adjacent to the fire
hydrant be moved.
Councilmember Nunez asserted that adding a parking space by moving
the fire hydrant might be unsafe and a liability concern for the city. He
asked Ms. Leong why she wanted to add a space and she indicated she
was interested in purchasing and developing an adjacent lot.
Mayor Pro Tern Taylor asserted that perhaps Ms. Leong wanted the fire
hydrant moved to facilitate access to Ms. Leong's landlocked property.
Councilmember Nunez made a motion, with a second by Mayor Taylor to
continue with the recommendation made by staff to deny the request to
reduce the parking restriction adjacent to the fire hydrant in front of 7665
Graves Avenue. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
5. MATTERS FOR DISCUSSION AND ACTION - None
6. STATUS REPORTS - None
ORAL COMMUNICATIONS FROM THE AUDIENCE
Ken Pike, residing at 9220 Steele Street, spoke about the lawsuit imposed
by the Department of Justice and the Decree of Acquiescence. He felt the
lawsuit brought forth by Mayor Imperial was based on law violations and
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not for personal issues as Alejandro Gandara asserted during the Oral
Communication period.
Councilmember Tran reminded Mr. Pike that the recall petitions were
circulated on May 8, 2005 and the Consent Decree was not signed until
after that date. The Department of Justice was contacted for clarification;
the Department of Justice wrote a letter to indicate the Consent Decree
was forward looking and was not retroactive to election efforts that took
place prior to the signing of the Decree.
Councilmember Clark clarified that the City of Rosemead had not been
violating the law, as ballots were available in the different languages. The
Department of Justice brought to light technicalities, in Councilmember
Clark's opinion, which made the City not in compliance. She asserted that
the current issue that remains unanswered is whether or not the Voting
Rights Act applies to recall efforts.
Councilmember Tran added that the judge's ruling to enjoin the February
7, 2006 election was a preliminary injunction and a final judgment is yet to
be determined as to whether citizen sponsored recall efforts are also
subject to the same requirements.
Mayor Imperial recessed the City Council meeting to convene the meeting
of the Financing Authority and then moved to adjourn to a closed session.
CLOSED SESSION
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957, the City Council will meet
in closed session for the purpose of interviewing candidates for the
position of City Manager.
Councilmember Tran made a motion, with a second by Councilmember
Nunez to appoint Andy Lazzaretto as City Manager effective March 1,
2006 and to direct the City Attorney to enter negotiations and bring back
the contract at the next meeting. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
The Mayor presented outgoing City Manager Bill Crowe with a
proclamation of appreciation for outstanding service from October 1999 to
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February 2006. Each of the councilmembers thanked Mr. Crowe for his
service and accomplishments.
City Manager Bill Crowe thanked staff and the council for their support and
wished the City well.
9. MATTERS FROM OFFICIALS
Mayor Pro Tern Taylor referenced a letter dated February 2, 2006 which
responded to Councilmember's Nunez's questions about Wal-Mart.
Mayor Pro Tern Taylor asked if all of Councilmember's questions were
answered; Councilmember Nunez indicated he was satisfied with the
answers.
Councilmember Nunez recommended the council switch over to letter-
sized agendas to better serve residents printing agendas from the City's
website.
Councilmember Tran requested a discussion about the July 4th Parade be
included on the agenda for the next meeting.
Mayor Pro Tern Taylor suggested a request for volunteers be included in
the newsletter.
10. ADJOURNMENT
There being no additional items the meeting was adjourned at 10:10 pm in
memory of Lance Corporal Carlos Arellano, Rosemead resident Charles
Schmidt and Rosemead resident David Perea.
The regular Council meeting of February 28, 2006 will convene at 8:00 pm
in the Council Chamber located at City Hall.
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