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CC - Item - Minutes 10-22-02 - Box 070NOT OFFICIAL UN77 K K4,7~ ADOPTED BY THE MINUTES OF THE REGULAR MEETING ROSEMEAD ROSEMEAD CITY COUNCIL C/TY COUNCIL OCTOBER 22, 2002 The regular meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:04 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 Taylor The Invocation was delivered by Pastor Steve Johnson of the Romani Christian Fellowship Unity Church. 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 - None The following item was taken out of order in deference to people in the audience wishing to address this item. V. B. CONSIDERATION OF REQUEST FROM THE CITY OF LOS ANGELES FOR CONSOLIDATION OF ELECTIONS TO BE HELD ON MARCH 4, 2003 Michael Currie, City Clerk of City of Los Angeles, stated that the City of Los Angeles is requesting that the City of Rosemead consolidate the City's elections with their Los Angeles Community College District (LACCD). Mr. Currie continued that the City of Los Angeles will handle their own nominations for the four offices the Board of Trustees, do their own random order and checking of petitions. They will then turn over to Rosemead their list of candidates, at which time Rosemead will then consolidate and conduct their LACCD election at Rosemead's precincts with Rosemead's precinct workers. At the conclusion of election night, the City Clerk will transmit their election results to them. Mr. Currie stated that one advantage of consolidation is that Rosemead voters will only have to vote for LACCD candidates in March and in the May runoff. Another advantage would be a cost savings. The City of Los Angeles would share costs with the cities. Mr. Currie explained that should the Council decide not to consolidate, then that would result in two separate election boards, most likely held at Rosemead's polling places. Councilman Taylor confirmed that the ballots would have the City of Rosemead's candidates and the LACCD candidates on it. CCMIN:10-22-02 Page 41 Mr. Currie replied that the ballots would contain all names, with Rosemead candidates being first. Councilman Taylor stated that should Pasadena City College, for example, change their election date to coincide with the cities, then this could potentially set a pattern for consolidation. Mr. Taylor stated that he prefers that City issues remain separate, not mixed with outside agencies. Mr. Taylor stated that way campaign issues within the City remain clear with literature going to all residents. Rosemead residents do not have to worry about other or outside issues on the ballot. Mr. Currie stated that the sample ballot will explain to the Rosemead voters what is occurring. Mr. Currie explained that the LACCD candidates usually do not conduct an aggressive campaign. Councilman Taylor stated that Rosemead's elections are usually quiet because the City is not competing with State or Federal offices, it's a local election. Mr. Taylor stated that he fears that a larger agency coming into parts of the City can cause divisiveness. Mr. Taylor continued that this consolidation is setting a pattern for future elections. Mr. Currie stated this consolidation is a permanent change for the City of Los Angeles. Mr. Currie added that consolidation is a fairly standard practice, and that they recently conducted a Federal election on behalf of the County because the LACCD and the Board of Education seats were up in 2001. Mayor Bruesch stated that Rosemead is serviced by approximately 47 special districts, some of which cover only a few square blocks. Mr. Bruesch continued that there are sanitation districts, flood control districts, water districts, etc., and each one of them needs some form of appointment or election. Mr. Bruesch stated that he is in favor of this consolidation if it helps to simplify the election process for the residents. Consolidation with the City of Los Angeles will inform the residents that they are being served by a very large school district. Councilmember Clark clarified that the City of Los Angeles will be holding their election on March 0' whether the Council approves the resolution tonight or not, and the issue is whether to have consolidation rather then two separate sets of sample ballots, polling booths, sign-in tables and ballots within the same precinct. Mrs. Clark asked if this consolidation does not work out this time, can the City change to concurrent elections? Mr. Currie replied that that is the option the cities have. This resolution only involves the 2003 Primary Election for the City of Los Angeles. Councilmember Clark requested assurance that Rosemead's candidates would be on one page and the Community Colleges on another. Mr. Currie replied that Rosemead will be separated from the City of Los Angeles, with Rosemead being first on the ballot. MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-48, consenting to the consolidation of the Los Angeles Community CCMIN:10-22-02 Page a2 College District (LACCD) Board of Trustees election on the Rosemead ballot, and further provides that they will be responsible for their proportionate share of the cost of the election. Vote resulted: Yes: Imperial, Bruesch, Clark, Vasquez No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated for the record that elections should be as clear as possible without involving other municipalities and their issues that do not affect the entire City. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING AND ADOPTION OF URGENCY ORDINANCE NO. 824 - ADOPTION OF LOS ANGELES COUNTY BUILDING LAWS BY REFERENCE Robert Kress, City Attorney, stated that it is necessary that Urgency Ordinance No. 824 be adopted tonight in order for it to be effective by October 31, 2002 to meet the November 1, 2002 deadline that was imposed by the State. Mr. Kress continued that the County Codes were not approved by the County Board of Supervisors until September 24, 2002, which did not allow sufficient time for the City to follow its standard procedures of first and second readings and a 30-day effective period. 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. Councilman Taylor requested clarification on Section 83-2. Materials, which states that electrical materials shall conform and comply with nationally recognized standards, and be certified by a recognized testing laboratory as acceptable to the Chief Electrical Inspector. Mr. Taylor pointed out that the recognized safety standards labs have been crossed out, and they are no longer in the Code. James Guerra, Building Consultant, replied that the intention of the Code was not to make it more restrictive, but to make it more open. Mr. Guerra stated that this is an effort to get away from regionalized standards that are not seen in this area. Councilman Taylor stated that he is not opposed to the other labs, some of which pre-date the National Codes, but a void is being created. Mr. Taylor stated that instead of crossing out the labs from the Code, they could have remained and included the other approved labs. CCMIN:10-22-02 Page #3 V Juan Nunez, 2702 Del Mar, Rosemead, stated that labs, such as U.L., will be phased out and new labs will be coming in. Mr. Nunez stated that he agrees with Councilman Taylor in that the existing labs should remain, and to the new ones added to the list. Robert Kress, City Attorney, suggested that the Minutes include that the Building Official's representation will recognize each of the organizations formerly in the Code or any similarly qualified organization. Councilman Taylor asked what right of review does the Council have regarding the increase in fees? Some of the fees have increased 10% to 15%, and some as much as $100.00. Councilman Taylor asked what the option is to amend those fees in the future. Mr. Kress replied that it is the Council's option to review or adjust the fee schedule. Mayor Bruesch suggested that the Urgency Ordinance be adopted tonight and to have staff return in a future date with the fee structure for Council discussion and decision. MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Urgency Ordinance No. 824, to be effective on October 31, 2002. Vote resulted: Yes: Imperial, Bruesch, Clark, Vasquez No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he voted No because he wants the opportunity to discuss and make decisions on the fee structure at a future date. III. LEGISLATIVE A. RESOLUTION NO. 2002-45 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2002-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,201,308.13 NUMBERED 39373 THROUGH 39511 MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council adopt Resolution No. 2002-45. Vote resulted: CCMIN:10-22-02 Page a4 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. 2002-46 - CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, MARCH 4, 2003 The following Resolution was presented to the Council for adoption: RESOLUTION NO. 2002-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution no. 2002-46. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 2002-47 - REQUESTING THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 2003. The resolution was presented to the Council for adoption: RESOLUTION NO. 2002-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 2003 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council adopt Resolution No. 2002-46. Vote resulted: CCMiN:10-22-02 Page a5 Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 2002-49 - DECLARING NOVEMBER 15, 2002 AS "AMERICA RECYCLES DAY" Juan Nunez, 2702 Del Mar, Rosemead, stated that not everyone uses the recycling bins. E. RESOLUTION NO. 2002-50 - AUTHORIZING THE CITY MANAGER, FINANCE DIRECTOR AND/OR THE CITY ENGINEER TO EXECUTE ALL AGREEMENTS NECESSARY TO PURCHASE TO RECEIVE FUNDING FOR TRAFFIC SAFETY PRODUCTS. MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-50. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Item CC-B was removed for discussion purposes) CC-A REQUEST FROM ROSEMEAD CHAMBER OF COMMERCE FOR REIMBURSEMENT OF EXPENSES FOR COSTS RELATED TO THE 15TH ANNUAL RUN/WALK AGAINST DRUGS, ALCOHOL AND TOBACCO CC-C AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY FROM SUSAN MORENO MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:10-22-02 Page #6 CC-B APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MUNIFINANCIAL FOR SB 90 MANDATED PROGRAM CLAIMS SERVICES Councilman Taylor clarified that the City would pay the Consultant a fee of 30% from the reimbursement monies for their services. Councilman Taylor asked what amount is the City currently receiving? Bill Crowe, City Manager, replied that the amount is less than $5,000 per year. However, the City will have an opportunity for the Consultants to check other State mandated programs to see if they are applicable. Councilman Taylor asked what other contracts does the City have with Munifinancial. Mr. Crowe replied that one contract is for consulting services with the Community Development Commission, one for arbitrage reporting on bond issues, and they are currently working on the GASB 34 (Government Accounting Standards Board), which now requires public agencies to inventory and account for their fixed assets. MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council approve the agreement for professional services with MuniFinancial. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. REQUEST FROM COMMISSIONER BAFFO FOR REAPPOINTMENT TO THE TRAFFIC COMMISSION MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMAN IMPERIAL that the Council reappoint Commissioner Baffo to the Rosemead Traffic Commission, which would expire in October 2004. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:10-22-02 Page u7 Councilman Imperial requested that the Commissioners make every effort to attend the majority of their meetings. At this time Mayor Bruesch introduced Assistant Fire Chief Dan Scott. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. Mayor Bruesch requested that the Council consider his request to take emergency action tonight to appoint him as delegate to the Metropolitan Transportation Authority's San Gabriel Service Sector Council, as the MTA Board will be meeting this Thursday to consider approval of those appointments. Mayor Bruesch stated that this action allows the appointment of seven delegates not currently represented on the Interim Joint Powers Authority (IJPA). Mr. Bruesch explained that the expansion of appointees is necessary so that member cities that were not part of the original IJPA will have a voice in determining transit policies affecting Rosemead commuters. MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM VASQUEZ that the Council approve amending the agenda to include Mayor Bruesch's request for appointment. Vote resulted: Yes: Vasquez, Bruesch, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM VASQUEZ that the Council appoint Mayor Robert Bruesch as delegate to the Metropolitan Transportation Authority's San Gabriel Valley Service Sector Council. Vote resulted: Yes: Vasquez, Bruesch, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor asked why this information was not received before, and why is this an urgency item? Mayor Bruesch replied that the MTA decided last Thursday evening to make these appointments, after the agenda packets were delivered. CCMIN:10-22-02 Page n8 VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None LAC. 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, November 12, 2002, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN:10-22-02 Page #9