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MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
NOVEMBER 13, 2001
APPROVED
CITY OF RO 'EMEAD
a o
DATE
RY
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at
8:05 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 Clark.
The Invocation was delivered by Reverend Ken Wong of the First Evangelical Church of
San Gabriel.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor,Vasquez, Mayor Pro Tern Bruesch, and
Mayor Imperial
Absent: None
APPROVAL OF MINUTES: OCTOBER 16, 2001 - ADJOURNED REGULAR
MEETING
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN
TAYLOR that the Minutes of the Adjourned Regular Meeting of October 16, 2001, be approved
as corrected by Councilman Taylor and Mayor Pro Tern Bruesch. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: OCTOBER 23, 2001 - REGULAR MEETING
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Minutes of the Regular Meeting of October 23, 2001, be approved as
corrected. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
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The Mayor declared said motion duly carried and so ordered. -
PRESENTATIONS:
Plaques were presented to Deputies John Stilgenbauer, Jeannine Thomas, and Marsha
Williams for their outstanding and dedicated service to the residents and children of Rosemead.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, requested that the City pass a resolution declaring
Rosemead an UN-Free Zone. Mr. Nunez also requested that the letter sent to him from the
American Policy Center be distributed to the Council.
Holly Knapp, 8367 Whitmore, Rosemead, announced that People for People will be
conducting their annual pancake breakfast fundraiser this coming Saturday at the First United
Methodist Church. Ms. Knapp encouraged all to donate turkeys to People for People for
Thanksgiving and Christmas baskets that are distributed to needy families.
Mayor Imperial introduced the City's new Traffic Commissioner, Brandi Matsdorf.
H. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the public hearing was presented by
the City Attorney.
A. REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR FISCAL YEAR 2001-02
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the public hearing for those in the audience wishing to address this
item. There being no one wishing to speak, the Mayor closed the public hearing.
Mayor Pro Tern Bruesch requested that this item be bifurcated to allow a separate vote on
Family Counseling Services due to a possible conflict of interest on his part.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN
VASQUEZ that the Council approve the reallocation of CDBG public service funds for FY
2001-2002, with the exclusion of Family Counseling which will be voted upon separately, and
authorize the City Manager to execute contract amendments. Vote resulted:
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Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR FAMILY COUNSELING SERVICES FOR FISCAL
YEAR 2001-02
MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMAN
VASQUEZ that the Council approve reallocation of CDBG public service funds for FY 2001-
2002 and authorize the City Manager to execute contract amendments. Vote resulted:
Yes:
Taylor, Imperial, Clark, Vasquez
No:
None
Abstain:
Bruesch
Absent:
None
Councilman Bruesch stated that he abstained due to a possible conflict of interest.
III. LEGISLATIVE
A. RESOLUTION NO. 2001-36 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2001-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$1,351,256.05 NUMBERED 35721 THROUGH 35943
MOTION BY COUNCILMAN VASQUEZ, SECOND BY MAYOR PRO TEM
BRUESCH that the Council adopt Resolution No. 2001-36. Vote resulted:
Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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B. URGENCY ORDINANCE NO. 821- AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD IMPOSING A 45-
DAY MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR
OTHER ENTITLEMENTS FOR FAST-FOOD/TAKE-OUT/DRIVE-
THROUGH RESTAURANT USES AND DIRECTING THE PLANNING
DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO
DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING
SUCH USES
There being no objections, this item was deferred.
IV. CONSENT CALENDAR (Item CC-A was removed for discussion purposes)
CC-B AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY - TONY
MAYA
CC-C REQUEST FOR RED CURB ON THE EASTSIDE OF WILLARD
AVENUE SOUTH OF GARVEY AVENUE
CC-D ENGINEERING PROPOSAL FOR ASPHALT CONCRETE OVERLAY
ON VARIOUS STREETS FY 2001-2002 AND GARVEY AVENUE
RESTRIPING
CC-E APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO SEEK BIDS FOR STREET AND STORM DRAIN
IMPROVEMENTS IN OLNEY STREET, RALPH STREET AND HART
AVENUE
CC-F REAPPOINTMENT OF MAYOR PRO TEM ROBERT W. BRUESCH TO
THE SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL
DISTRICT BOARD OF TRUSTEES
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN
VASQUEZ 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.
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CC-A CONSIDERATION OF FIRST AMENDMENT TO CITY MANAGER'S
EMPLOYMENT AGREEMENT
Councilman Taylor stated that he is concerned with the Termination and Severance Pay
clause of the Agreement. Mr. Taylor stressed that he is not casting any type of blemish on Mr.
Tripepi's record as City Manager. ,
Frank Tripepi, City Manager, responded that there is no severance pay left.
Robert Kress, City Attorney, explained that the 18 months severance clause is a State
imposed legal maximum. Mr. Tripepi's Employment Agreement is on-going in the absence of
action by himself or the Council. This Amendment concludes that Agreement by specifying an
agreed retirement date. However, should Mr. Tripepi be terminated between now and October
1, 2002, he would be entitled to be paid for time he is under the contractual obligation and no
more.
Councilman Taylor stated again that he does not in any way intend to blemish Mr.
Tripepi's record with the City, but asked if that clause could be deleted. Mr. Taylor stated that
he is in complete agreement with the rest of the Agreement. Mr. Taylor continued that he has no
intention, nor do the other Councilmembers, of enacting any termination regarding Mr. Tripepi,
and that he would oppose such an action. However, Mr. Taylor stated that he is uneasy with that
paragraph and gave as examples the lawsuits that the City of El Monte is undergoing with their
retired Chief of Police, and the City of Covina or West Covina with their lawsuit filed by the
City Manager.
Mr. Kress suggested that the Amendment include language stating that if the employee is
terminated prior to the agreed retirement date of October 1, 2002, he shall be entitled to
severance pay in the amount equal to the time left between the date of termination and October 1,
2002.
Councilman Taylor agreed that that would be fair.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Council approve the First Amendment to the City Manager's Employment
Agreement as amended. 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
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VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
Councilman Bruesch thanked the Council for his reappointment to the San Gabriel Valley
Mosquito and Vector Control Board.
Mr. Tripepi thanked the Council for their unanimous vote approving the Amendment to
his Employment Contract and for their support over the many rewarding years he has had the
pleasure of working with them.
Councilmember Clark stated that she feels very spoiled in working with Mr. Tripepi, as
he has been excellent in keeping the City afloat, and his contacts and networking abilities in
dealing with other organizations have been helpful to the City.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, requested clarification regarding Mr. Tripepi's
severance pay.
IX. CLOSED SESSION
The City Council convened to a Closed Session at 8:35 p.m. and reconvened at 9:08 p.m.
The City Council met in a closed session, pursuant to Government Code §54957 for the
following purpose:
PUBLIC EMPLOYEE APPOINTMENT - CITY MANAGER DESIGNATE
Robert Kress, City Attorney, stated that during the Closed Session, the Council
considered the appointment of a City Manager designate to take over once Mr. Tripepi retires.
The Council considered and voted unanimously to appoint Bill Crowe, Director of
Administrative Services.
X. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 9:10
p.m. in memory of Nancy Kress's sister, Gail Rawding. The next regular meeting will be held on
Tuesday, November 27, 2001, at 8:00 p.m.
Respectfully submitted:
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City
APP OVED:
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