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CC - Agenda 09-12-00AGENDA REGULAR MEETING ROSEMEAD CITY COUNCIL CITY HALL COUNCIL CHAMBERS ROSEMEAD, CALIFORNIA SEPTEMBER 12, 2000, AT 8:00 P.M. CALL MEETING TO ORDER: 8:00 P.M. PLEDGE TO THE FLAG: COUNCILMAN VASQUEZ INVOCATION: PASTOR JONATHAN WU OF EVERGREEN BAPTIST CHURCH ROLL CALL OF OFFICERS: COUNCILMEMBERS BRUESCH, TAYLOR, VASQUEZ, MAYOR PRO TEM IMPERIAL, AND MAYOR CLARK APPROVAL OF MINUTES: JULY 11, 2000 - REGULAR MEETING JULY 25, 2000 — REGULAR MEETING V AUGUST 8, 2000 —REGULAR MEETING OF INTEREST TO CITIZENS WISHING TO PARTICIPATE 1) Those wishing to speak on any Agenda Item, including public hearings, should have their Speaker Request Form submitted no later than the time immediately following Oral Communications. 2) Immediately after approval of the minutes and again at the end of the meeting, there is a period of time set aside for those persons wishing to address the Council on matters not listed on the Agenda entitled: ORAL COMMUNICATIONS FROM THE AUDIENCE (please complete the Speaker Request Form stating your preference to speak either at the beginning or at the end of the meeting). PRESENTATIONS: I. ORAL COMMUNICATIONS FROM THE AUDIENCE II. PUBLIC HEARINGS - EXPLANATION OF THE PUBLIC HEARING PROCEDURES BY THE CITY ATTORNEY A. PUBLIC HEARING — ORDINANCE NO. 812 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING URGENCY ORDINANCE NO. 811 FOR 10 MONTHS 15 DAYS ON THE ISSUANCE OF ANY NEW CONDITIONAL USE PERMITS FOR GARMENT MANUFACTURING, PROCESSING, OR ASSEMBLING IN THE M -1 ZONE — ADOPT Ordinance No. 811 was adopted by the City Council on August 8, 2000 as an urgency ordinance. Recommendation: Adopt Ordinance No. 812. CCAGENDA:9 -12 -00 Page N I B. PUBLIC HEARING — MUNICIPAL CODE AMENDMENT 00 -02 AMENDING SECTIONS 17.48.020 (PERMITTED USES IN THE CBD ZONE), 17.112.030(20) (HOTEL/MOTEL USE PERMIT CONDITIONS), & 5.42 (BUSINESS LICENSES AND REGULATIONS FOR HOTELS/MOTELS) TO SET OPERATIONAL STANDARDS FOR HOTELS AND MOTELS AND TO REVISE EXISTING CONDITIONS OF APPROVAL THAT ARE PLACED ON HOTELS AND MOTELS THROUGH THE ISSUANCE OF A CONDITIONAL USE PERMIT B 1. ORDINANCE NO. 813 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADDING CHAPTER 5.42 TO THE ROSEMEAD MUNICIPAL CODE TO CREATE OPERATIONAL STANDARDS FOR HOTELS AND MOTELS AND AMENDING SECTIONS 17.112.030 AND 17.48.020 OF THE CODE REGARDING CONDITIONAL USE PERMIT REQUIREMENTS FOR SUCH USES - INTRODUCE This public hearing is the result of pending litigation involving the Greater Los Angeles Hotel/Motel Association and the City of Rosemead. These amendments will set operational standards for hotels and motels and revise existing conditions of approval that are placed on hotels and motels through the issuance of a conditional use permit. Recommendation: Waive reading in full and introduce Ordinance No. 813. III. LEGI ATIVE wad . RESOLUTION NO. 2000 -45 - CLAIMS AND DEMANDS Recommendation: Adopt Resolution No. 2000 -45, for payment of City expenditures. B. ORDINANCE NO. 814 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 17.124 OF THE ROSEMEAD MUNICIPAL CODE WHICH WILL AMEND THE APPEAL PROCURE FOR VARIANCE AND CONDITIONAL USE PERMIT APPLICATIONS — INTRODUCE This is a City Council request to amend the appeal process for variance and conditional use permit applications Recommendation: Waive reading in full and introduce Ordinance No. 814. IV. CONSENT CALENDAR -RECOMMENDATION: APPROVAL CC -A APPROVAL OF UNDERTAKING AGREEMENT AND ACCEPTANCE OF EASEMENTS FOR TRACT MAP 52575 — 3331 BURTON AVENUE The applicant has submitted an Undertaking Agreement and Irrevocable Letter of Credit to guarantee the construction of public sewer and right -of -way improvements subsequent to the recordation of the tract map. A public sewer and pedestrian easement dedication is required to be granted on the map for sewer purposes. All other conditions of approval have been met. Recommendation: Approve the undertaking agreements; accept the dedication of the easements; and direct the City Clerk to arrange for the recordation of the map. CCAGENDA:9 -12 -00 Page #2 CC -B APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR 1999 -2000 STREET RESURFACING AND STREET LIGHTING IMPROVEMENTS ON VARIOUS CITY STREETS This project provides for an asphalt concrete overlay and street lighting upgrades on various streets throughout the City. Recommendation: Approve the plans and specifications and authorize advertisement for bids by the City Clerk. CC -C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STORM DRAIN IMPROVEMENTS IN GRAND AVENUE On July 27, 2000, bids were received for the subject project, which provides for construction of storm drain and appurtenant structures in Grand Avenue (e/o Rubio Wash/Walnut Grove Avenue) to improve collection of storm runoff in the area. City Council will consider accepting all bids and awarding the contract to the lowest, responsible bidder, Miramar Construction. Recommendation: Accept all bids and award the project to Miramar Construction; and authorize the Mayor to sign the contract on behalf of the City. CC -D ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR 1999 -2000 SLURRY SEAL PROJECT ON VARIOUS CITY STREETS On August 24, 2000, bids were received for the subject project, which provides for a slurry seal coat on various streets throughout the City and at City Hall parking lot to maintain the pavement surface. City Council will consider accepting all bids and awarding the contract to the lowest, responsible bidder, California Pavement Maintenance Company, Inc. Recommendation: Accept all bids and award the project to California Pavement Maintenance Company, Inc.; and authorize the Mayor to sign the contract on behalf of the City. CC -E AUTHORIZATION TO REJECT CLAIM AGAINST CITY FROM INEZ MARTINEZ Claimant alleges that the student parking lot gate at Rosemead High School fell upon her while she was opening the gate. The premises as described by Ms. Martinez' claim are owned and controlled by the El Monte Union High School District. Recommendation: Rejection of claim. CC -F AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY FROM JAMEL K. MORROW AND ELVIS PONCE DE LEON, JR. The two claimants were playing in an open lot when they apparently fell into an open manhole which is the property of the Los Angeles County Flood Control District. Recommendation: Rejection of claim. CC -G ANNUAL ADOPTION OF CITY'S INVESTMENT POLICY The City's auditor requires City to approve on an annual basis the City's Investment Policy. Recommendation: Adopt Investment Policy. CCAGENDA:9 -12 -00 Page u3 V. MATTERS FOR DISCUSSION AND ACTION VI. STATUS REPORTS VII. MATTERS FROM OFFICIALS VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE IX. ADJOURNMENT THE NEXT REGULAR MEETING IS SCHEDULED FOR SEPTEMBER 26, 2000, AT 8:00 P.M. Posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020 CCAGENDA9 -12 -00 Pegc x4 MINUTES OF THE REGULAR MEETING /CITY COUPVCPL ROSEMEAD CITY COUNCIL JULY 11, 2000 The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Councilman Taylor ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: - MAY 23, 2000 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Regular Meeting of May 23, 2000, 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: 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Carlos Delgado, owner of Brite Spot Restaurant, and member of the Rosemead Chamber, extended an invitation for everyone to attend the Chamber's monthly mixer at the Rosemead Sheraton on July 1P. IL PUBLIC HEARINGS - None 1.11. LEGISLATIVE A. RESOLUTION NO. 2000 -38 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $641,349.99 NUMBERED 30996 THROUGH 31145 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -38. Vote resulted: CCMIN:7 -11 -00 Page N I Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None, The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested backup information on Check No. 31089 in the amount of $601.00 to the Rosemead Chamber of Commerce. B. RESOLUTION NO. 2000 -39 — SUPPORTING U.S. SENATE BILL S. 2700, BROWNFIELDS REVITALIZATION AND ENVIRONMENT RESTORATION ACT MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution No. 2000 -39 supporting 5.2700 (Chafee). Before vote could result, more conversation ensued. Juan Nunez, 2702 Del Mar, Rosemead, asked if these funds will be available for such contaminated properties as gas stations. Councilman Bruesch responded that this bill is mainly to clean up historic sites that are contaminated, such as businesses no longer in existence, i.e. dry cleaning establishments or foundries that have been vacant for many years. This bill provides funds to clean up those properties to enable them to be used again, and to protect the surrounding properties from liability for that cleanup. Mr. Nunez asked if the taxpayers have to pay for the cleanup of those properties, does this allow the owners to then sell that property at a profit? Mr. Nunez stated that cleaning up those properties may be cost prohibitive, and if the property is abandoned is this bill necessary as the State can take over the cleanup of the area. Mayor Clark pointed that these properties are not under an administrative order to be cleaned up. They may be abandoned properties that do not have owners. Ms. Clark continued that many years ago during the war effort, many of these sites were directed by the government on how to dispose of fuels, which resulted in today's contaminated soils. Councilman Taylor stated that he intends to vote No as there are laws that enable an agency to assess businesses of cleanup charges, and laws to make sites environmentally safe. Mr.'Taylor stated that this bill refers to many Federal acts currently in effect and that there are enough laws to enforce any type of cleanup. Mr. Taylor stated that he also is voting No as this bill will provide $150 million annually for clean -ups, and once a property is cleaned, the owner can then sell the formerly unseliable property at a good profit. Mayor Pro Tem Imperial cited as examples, the property at Walnut Grove and Valley that is still vacant because of contaminated soil, and money that cities had to pay in legal fees defending the landfill lawsuits against them — neither of which the City had any control over. Mr. Nunez cited an example of coal mining and the use of chemicals in the land, and the profits that were made. Mayor Clark explained that this bill is not a bailout for polluters, and in many cases, there are no owners to those properties, either through death or bankruptcy, and those properties just sit there. Councilman Bruesch stated that this comes down to a choice between having an eyesore or having a developer try to clean -up the property through grant funds. Mayor Pro Tern Imperial called for the question. CCMIN:7 -11 -00 Page a2 Vote resulted: Yes: Bruesch, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 2000 -40 — AUTHORIZING THE ESTABLISHMENT OF THE PARS SUPPLEMENTAL RETIREMENT PLAN The following resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AUTHORIZING THE ESTABLISHMENT OF THE PARS SUPPLEMENTAL RETIREMENT PLAN TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR . Councilman Taylor stated that any comments or objections he has with this item is not a reflection on any employee of the City. Mr. Taylor stated that the current retirement rate of 2% would entitle a 30 -year employee to 60% of their salary and by adding another 1% is about a 50% increase. Mr. Taylor stated that this is excessive, and that 95% of working people in private enterprise do not have those benefits or options to retire at those rates. Councilman Taylor requested clarification on the benefits for the City Attorney's office. Robert Kress, City Attorney, responded that the Council allows him to participate in this plan as an individual, not the entire law firm. Councilman Taylor stated that his objection is not with the City, but he is aware that other cities, fire and police departments are receiving pension increases to 3% also. However, Mr. Taylor stated again that he cannot support this increase as 95% of the workers in America cannot receive such benefits. Councilman Bruesch stated that a tremendous amount of money and effort is expended in training government employees, and once trained you want the employee to stay. Mr. Bruesch explained that the way to accomplish this is to increase their salaries and to make retirement benefits equal to private industry. Mr. Bruesch continued that many cities and large corporations have opted to increase their retirement benefits to encourage employees to stay until retirement age. Mr. Bruesch stated that he is in favor of making the retirement package as good as possible so that employees will not be lured away for just a few dollars more. Councilman Taylor stated that he is not opposed to a retirement program at 60 %, which is reasonable. But, 80 %, 90 %, or 100% is excessive. Mayor Pro Tern Imperial that he is in favor of increasing retirement benefits and that he wants to eleviate employee's worries about their future. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -40 which adopts by reference the Trust Administrative Agreement, the Trust Document, and the Retirement Plan, and appropriate the necessary funds from unappropriated reserves. Before vote could result, more discussion ensued. Juan Nunez, 2702 Del Mar, stated that this plan will cost the City $188,790 a year. CCMIN:7 -11 -00 Page #3 Councilman Bruesch asked if the monthly administrative fee comes out of interest earned from the account. Don Wagner, Assistant City Manager, responded that it does not, that the administrative fee is a flat fee rather than a percentage of the assets over the years. Mr. Nunez questioned if the employees contribute anything to this plan? Mr. Wagner responded that the City pays the contributions, but this is not a portable plan such as PERS. The employee has.to work for the City a minimum of 10 to 20 years and retire from the City. Councilman Taylor pointed out that Rosemead has a history of not having a large turnover in employees. Mayor Clark clarified that the reason employees stay is not necessarily just for the benefits, but that we have a quiet City and everyone seems to get along. Councilman Bruesch stated that the PERS retirement system has a 3% COLA increase yearly, and that the Consumer Price Index goes up approximately by 4 %. Mr. Bruesch calculated that every year our retired employees are losing 1% of their buying power and after 10 years that would be 12% loss, and at 20 years it would be a 25% loss. Therefore, the 60% salary at retirement would leave the employee with only 35% of their buying power. Mr. Bruesch stated that he is concerned with retired employees being able to maintain their standard of living and feels that with PARS, this will allow that. Mayor Pro Tern Imperial called for the question Vote resulted: Yes: Bruesch, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his comments were not against any employees, but feels that this is an excessive amount. Mayor Pro Tern Imperial stated that for 5 years employees only received a COLA increase and that the employees were loyal enough to stay, and now they will be offered a benefit that will mean more in the long run than salaries. Mayor Clark pointed out also that during the recession of 1992 and 1993, raises were not given. The following item was taken out of order in deference to those is the audience. IV. CONSENT CALENDAR CC -A RENEWAL OF MEMBERSHIP IN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCI3 that the Council authorize the renewal of membership in the San Gabriel Valley Council of Governments. Vote resulted: CCMIN:7 -11 -00 Page n4 Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No:, None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 2000 -41 — ESTABLISHING A MONTHLY AUTO EXPENSE ALLOWANCE FOR COUNCILMEMBERS Councilman Taylor asked why the Council cannot turn in a mileage form and be reimbursed from that. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 2000 -41. Before vote could result, more discussion ensued. . Robert Kress, City Attorney, explained that this is not a mandatory program, but is meant to address the day -to -day personal automobile use in the course of City business, for attending such meetings as the monthly regional organizations. Mayor Clark explained that the Councilmembers that do a lot of driving, the monthly reimbursement is an easier procedure than logging and turning in mileage sheets every time a business trip is taken. Ms. Clark continued that she usually attends one or more meetings daily and this would simplify that process for Councilmembers and staff. Ms. Clark added that if a Councilmember does not want to accept the allowance, they do not have to. Councilman Bruesch stated that he maintains a trip mileage log for income tax purposes and last year those expenses added up to about $1,000. Mr. Bruesch agreed that the monthly allowance is much more direct method and eliminates a lot of extra record keeping. Juan Nunez, 2702 Del Mar, Rosemead, stated that the mileage voucher system provides proof of mileage rather than a monthly allowance would. Mr. Nunez then asked what the Council salary is. Mayor Pro Tern Imperial stated that he does not request mileage reimbursement except when he drives and parks his vehicle at the airport. Mr. Imperial agreed that if a Councilmember does not want this allowance they can give it back or give it to charity. Councilman Taylor stated that he has no objections to Councilmembers being reimbursed; however, the mileage form is the most accurate way tracking this. Mr. Taylor stated that many of the Councilmember spend many hours on City business and that it is outrageous to think that any of the Councilmembers are in this job for the money. Vote resulted at this time Yes: Bruesch, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated for the record that reimbursement of mileage should be for actual miles driven. IV. CONSENT CALENDAR CC-13 SHOPPING CART RETRIEVAL PILOT PROGRAM CCMIN:7 -11 -00 Page u5 Councilman Taylor asked what the City is paying in retrieval fees and that markets already have a service that provides this. Don Wagner, Assistant City Manager, responded that the carts picked up are "orphan" carts, or carts with no identification on them. Bill Crowe, Administrative Services Coordinator, explained that every cart will be picked up and returned to the shopping center or store where they belong. Mr. Crowe continued that the carts that do not have proper identification will be picked up and stored. The City will be charged approximately $70 -$100 a month for about 60 -70 "orphan" carts picked up. Mr. Crowe stated that those carts will be recycled and the City will receive credits toward the City's recycling program. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council direct the City Manager to take the necessary steps to continue the shopping cart retrieval program pilot and authorize the expenditure of funds on a month -to -month basis for services. Before vote could result, more conversation ensued. Juan Nunez, 2702 Del Mar, Rosemead, asked if there is a State code section that pertains to cart removal from the premises. Councilman Bruesch stated that there is. Mr. Bruesch explained that prior to this program, shopping carts with no identification (i.d.'s filed off, etc.) were not picked up as ownership could not be proven, they remained on the streets. Mr. Bruesch continued that with this program, the carts can be picked up and recycled, the City is charged a nominal fee and receives recycling credits. At this time vote resulted Yes: Bruesch, Taylor, Clark, Vasquez, Imperial 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 Clark thanked everyone who worked on the 4 of July Parade. 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 9:12 p.m. in memory of Joe A. Gonsalves, the City's long -time lobbyist. The next regular meeting will be held on Tuesday, July 25, 2000, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk YOR MAIN: -l1 -00 rage #6 NOT OrFiC -1,41 Un /Tl;- ADOPTED DY THE ROSEMEAD CITY COU.VC /L MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JULY 25, 2000 The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Taylor The Invocation was delivered by Chaplain Judy Bever from the California Christian Home ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tem Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: -NONE. PRESENTATIONS: 1. ORAL COMMUNICATIONS FROM THE AUDIENCE - None H. PUBLIC HEARINGS - None H7. LEGISLATIVE A. RESOLUTION NO. 2000 -41 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $387,225.21 NUMBERED 31178 THROUGH 31283 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution No. 2000 -41. 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 CC -A APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR 1999 -2000 SLURRY SEAL PROJECT ON VARIOUS CITY STREETS CC -B AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES . CONGRESS OF CITIES EXPOSITION, DECEMBER 5-9,2000, BOSTON, MASSACHUSETTS CCMIN:7 -25 -00 Page # I CC -C AUTHORIZATION TO ATTEND CALIFORNIA JOINT POWERS INSURANCE AUTHORITY FIFTH ANNUAL RISK MANAGEMENT CONFERENCE, OCTOBER 12 -13, 2000 — CORONADO CC -D AB 779 (TORLAKSON) — INFRASTRUCTURE DEVELOPMENT: TRANSIT VILLAGE PLANS — OPPOSE MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial 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 VH. MATTERS FROM OFFICIALS Mayor Pro Tern Imperial requested information on declaring a moratorium on garment shops at the next meeting. VIH. ORAL COMMUNICATIONS FROM THE AUDIENCE Mary Jo Maxwell, Rosemead Chamber of Commerce, invited everyone to their Eggs & Issues Breakfast. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:07 p.m. The next regular meeting will be held on Tuesday, August 8, 2000, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN:7 -2"0 Page n2 NOT OFFICIAL UNTh ADOPTED BY THE ROSEMEAD MINUTES OF THE REGULAR MEETING CITY COUNCIL ROSEMEAD CITY COUNCIL AUGUST 8, 2000 The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Mayor Pro Tern Imperial The Invocation was delivered by Councilman Bruesch ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: JUNE 13, 2000 — ADJOURNED REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL AND REGULAR MEETING OF THE ROSEMEAD REDEVELOPMENT AGENCY MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the Minutes of the Adjourned Regular Meeting of the Rosemead City Council and the Regular Meeting of the Rosemead Redevelopment Agency of June 13, 2000, be approved with corrections as discussed at the preceding Agency Meeting. 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: JUNE 13, 2000 — REGULAR MEETING MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Regular Meeting of June 13, 2000, 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. APPROVAL OF MINUTES: JUNE 26, 2000 — SPECIAL MEETING OF THE ROSEMEAD CITY COUNCIL AND ADJOURNED REGULAR MEETING OF THE ROSEMEAD PLANNING COMMISSION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Special Meeting of the Rosemead City Council and Adjourned Regular Meeting of the Rosemead Planning Commission be approved as submitted. Vote resulted: CCMIN:8 -8 -00 Page N I 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: JUNE 27. 2000 REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCIL IMPERIAL that the Minutes of the Regular Meeting of June 27, 2000, be approved as corrected. 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 two public hearings was presented by the City Attorney. A. ORDINANCE NO. 810 — AN ORDINANCE EXTENDING ORDINANCE NO. 804 WHICH IMPOSED A MORATORIUM OF THE ISSUANCE OF PERMITS ENTITLEMENTS AT SPECIFIED LOCATION ON VALLEY BOULEVARD AND DECLARING THE URGENCY THEREOF — ADOPT Frank Tripepi, City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak on this item. Kevin Chuang, 2095 S. Leo Avenue, stated that he is representing Bottlemate, Inc., and that this warehouse project has had approval from the Planning Commission since September, 1999. Mr. Chuang asked the Council to consider releasing the moratorium to allow his project to move forward. There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council waive reading in full and adopt Ordinance No. 810. Before vote could result, more discussion ensued. Councilman Taylor asked what the status of the moratorium is. Brad Johnson, Planning Director, responded that the Planning Department is currently studying the land use in that area and talking with the various architects and developers that are proposing projects. Mr. Johnson stated that the proposed changes include amending the general plan and zoning map land use classification from industrial to commercial land use designation as there are no longer any large parcels along Valley Boulevard. Councilman Vasquez called for the question. CCMIN:8 -8 -00 Page #2 Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch asked for a staff report on the two properties that were left off of the moratorium — Walnut Grove and Valley, and Valley and Rosemead. B. PUBLIC HEARING: RESOLUTION NO. 2000 -43 — A RESOLUTION OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Frank Tripepi, City Manager, presented the staff report. The Mayor opened the Public Hearing for those in the audience wishing to speak. There being no one wishing to speak, the Mayor closed the Public Hearing. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -43. Before vote could result, more discussion ensued. Councilman Bruesch asked if the City will receive mitigation credits for changing the shuttle bus routes to accommodate the new senior housing. Mr. Bruesch requested that efforts be made in urging seniors to use the shuttles and the bus pass program. In conclusion, Mr. Bruesch requested information on what the TDM Credit Claims represent. At this time, the question was called for. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2000 -42 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $167,507.28 NUMBERED 31329 THROUGH 31367 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -42. Vote resulted: CCMIN:8 -8 -00 Page #3 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. 2000 -43 — CLAIMS AND DEMANDS The following resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $258,460.43, NUMBERED 31285 THROUGH 31324 AND 31373 THROUGH 31433. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -43. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain:- None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 8 11 — URGENCY ORDINANCE IMPOSING A 45 -DAY MORATORIUM ON THE ISSUANCE OF ANY NEW USE PERMITS FOR GARMENT MANUFACTURING - ADOPT The following Ordinance was presented to the Council for adoption. ORDINANCE NO. 811 AN URGENCY ORDINANCE OF THE CITY COUNCIL IMPOSING A 45- DAY MORATORIUM ON THE ISSUANCE OF ANY NEW CONDITIONAL USE PERMITS FOR GARMENT MANUFACTURING, PROCESSING, OR ASSEMBLING IN THE M -1 ZONE —ADOPT Councilman Taylor stated that this seems to be more a matter of enforcement and asked if there have been any recent new applications for C.U.P.'s. Brad Johnson, Planning Director, responded that it has been approximately one year since there have been any new applications, however, there have been many changes of ownership. Councilman Taylor then asked why are we imposing a moratorium if no one is applying. Mayor Pro Tern Imperial agreed that the garment manufacturing businesses need enforcement. However, a plan needs to be devised to enforce conditions as set forth in the conditions of approval. Mr. Imperial stated that until that time, no new approvals should be granted. Councilman Bruesch stated that now is the time to step back and apprise the situation. Mr. Bruesch asked if the garment businesses that are not under C.U.P.'s can be inspected for compliance with State law, and should State inspectors be called to inspect the places that do not have bathroom facilities in working order. CCMIN:8 -8 -00 Page 84 Robert Kress, City Attorney, responded that the City does not enforce or inspect for . compliance under State laws, that a State agency would do that. The City enforces compliance under C.U.P.'s. Mr. Tripepi stated that the Health Department can be called to inspect for bathroom violations. Councilman Taylor stated that he can agree with a 45 -day moratorium, but this still seems to be a matter of enforcement. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC -A and CC -D were removed for discussion purposes) CC -B AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY — RUTH BAO -RONG MAO CC -C SB 1546 (KNIGHT) — VETERANS HOME BOND FUNDS MOTION BY COUNCILMAN VASQUEZ, SECOND BY MAYOR PRO TEM IMPERIAL that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -A APPROVAL OF SECOND ADDENDUM TO 1999 ENGINEERING AND TRAFFIC SURVEY — MISSION DRIVE AND DE ADALENA STREET Councilman Taylor requested that this item be voted on separately by street. APPROVAL OF SECOND ADDENDUM TO 1999 ENGINEERING AND TRAFFIC SURVEY —MISSION DRIVE MOTON BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Council approve the Second Addendum to the 1999 Engineering and Traffic Survey for Mission Drive. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 2. APPROVAL OF SECOND ADDENDUM TO 1999 ENGINEERING AND TRAFFIC SURVEY — DE ADALENA STREET CCMIN:8 -8 -00 Page 45 Councilman Taylor explained that Marshall Avenue where it deadends at Savannah School is posted at 35 mph; Rio Hondo Boulevard in front of the school is posted 30 mph, as is n/s Ellis Lane. De Adalena between Ellis Lane and Rio Hondo, is posted at 25 mph, and according to the Prevailing Speed Measurement listed, the 10 mph pace (25 -34) is 71 %. Mr. Taylor continued that the recorded accident history lists only two accidents, both from careless driving and not because of speeding. Mr. Taylor stated that the 25 mph speed limit is not consist with what is posted on the other streets and that he recommends that De Adalena Street be posted at 30 mph. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve posting De Adalenda Street from Rosemead Boulevard to Ellis Lane at 30 mph. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -D AWARD OF BID — CITY VEHICLES: 2001 FORD TAURUS, 2001 FORD RANGER REGULAR CAB, 2001 FORD RANGER SUPERCAB, AND 2001 FORD SUPER DUTY F -350, TO BOB WONDRIES FORD Councilman Bruesch asked how many vehicles aye in the City's fleet, regarding AQMD compliance requirements. Don Wagner, Assistant City Manager, responded that the total is 15 and that the new vehicles are on the approved list. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM IMPERIAL that the Council award the bid for the purchase of four (4) vehicles to Bob Wondries Ford in an amount of $73,192.53. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. APPROVAL OF WATER QUALITY AUTHORITY AMENDMENTS TO AB 2544 (CALDERON) Mayor Clark explained that this is a bill that would make changes to the enabling act of the San Gabriel Basin Water Quality Authority, of which she has served on that Board since 1992. Ms. Clark stated that the bill is still being worked on and Senator Solis made changes that are unacceptable to the author. The Committee approved Senator Solis' changes with the caveat that the author, proponents and opponents meet next week to work out details of what would be satisfactory. Ms. Clark continued that the legislature will only be in session until the end of August, and it the bills do no get out, they are dead. Frank Tripepi, City Manager, suggested that due to time constraints and complexity of this bill, the Council give Mayor Clark, on behalf of the Council, an open -ended authorization to instruct the City's lobbyist to work in support of this bill if the amendments are satisfactory and everyone comes to an agreement, including the Water Quality Board. If there is no consensus and there cannot be an agreement, then Mayor Clark be authorized to instruct the City's lobbyist to work in opposition of this bill. CCMIN:9-9-00 Page u6 .MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council authorize Mayor Clark, on behalf of the Council, an open -ended authorization to instruct the City's lobbyist work in support of this bill if the amendments are satisfactory and an agreement is reached. If there is no consensus and no agreement, then instruct the City's lobbyist to work in opposition of the bill. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Councilman Bruesch reported that at the SCAG meeting he attended last Thursday, there was a move by Riverside County to change their Regional Housing Needs Assessment numbers. Mr. Bruesch stated that cities such as Rosemead have fought their battles regarding this issue resulting in Rosemead having to build 776 units in the next twenty years, of which 42% has to be low to very low income housing. Mr. Bruesch stated that cities received a letter from the State indicating that the housing numbers received from SCAG will be the actual numbers. Mr. Bruesch concluded that Rosemead is in good shape compliance wise as the City is moving forward with the senior housing project and other projects. VIH. ORAL COMMUNICATIONS FROM THE AUDIENCE -None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:40 p.m. The next regular meeting will be held on Tuesday, August 22, 2000, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: MAYOR CCMIN:8 -8-00 Page a7