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CC - Approval of Minutes 06-08-99 NOT 0 F/CIAL ADOPTED BY THF: MINUTES OF THE REGULAR MEETING ROSEMEAD ROSEMEAD CITY COUNCIL CITY COU:'VC/L- JUNE 8, 1999 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:02 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 Vasquez The Invocation was delivered by Councilman Bruesch ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: - NONE PRESENTATIONS: The Council presented a proclamation to Anthony White, a Rosemead High School student, for his many achievements in football, basketball and track. Anthony received the 1998 High School Heisman Award and was selected from a nationwide pool of outstanding scholars and athletes. Mr. White thanked the Council and hoped they would continue to recognize the achievements of outstanding students. V. MATTERS FOR DISCUSSION AND ACTION C. STATUS REPORT- PARKWAY TREES ON VALLEY BOULEVARD (This item was taken out of order) Frank Tripepi, City Manager, presented the staff report, and stated that after an extensive search for the Sweet Shade Trees, the 36-inch box trees are not available at present. Mr. Tripepi stated that there is an alternate specie that the Council can consider. However, staff recommends staying with the Sweet Shade Trees and waiting one year until the available 24-inch box trees grow into the 36-inch box trees. Councilman Taylor stated that he agrees and that the trees should have been purchased or set aside when they were available. Mr. Taylor requested a list of all the nurseries that were contacted. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council approve staying with Sweet Shade Trees, and to wait until next May to plant 36- inch box size trees. Before vote could result, more conversation ensued. Councilman Bruesch cited the example of the City of Alhambra planting 15 gallon, 4-inch trees a few years ago. Vandals drove down the street and destroyed or broke about one dozen trees. Mr. Bruesch stated that he would rather wait one year for the trees to reach the 36-inch box size, which would provide some shade, rather than plant the smaller ones now and risk damage by vandals. Councilman Taylor clarified that substandard trees would not be purchased now and then wait for one year until they qualified for 36-inch box size, and that there is the option of purchasing the 36-inch box trees now should they be available. CC:6.g-99 Page 11 Frank Tripepi, City Manager, affirmed that the Council's decision is to remain with the 36- inch box Sweet Shade Trees which will be planted next May. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Gilbert Villa, Rosemead Chamber of Commerce President, extended an invitation to the Council to attend the Rosemead Chamber Installation Dinner on Thursday, June 24th, at the Rosemead Sheraton Hotel. Mr. Villa stated that the "Eggs and Issues Breakfast" will be held on June 24th at the Valley Grill. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING - ORDINANCE NO. 794-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ROSEMEAD - INTRODUCE • The Mayor opened the Public Hearing for those in the audience wishing to speak on this item. There being no one wishing to speak, the Mayor closed the Public Hearing. Councilman Taylor requested that the franchise date be changed to cover a 10-year period instead of 25 years for the purpose of a review process by the Council in office at that time. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council introduce Ordinance No. 794 with the amendment that Section 3. now read May 22, 2009, instead of 2024. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch asked if Southern California Water is planning on expanding their property on Delta Avenue in Monterey Park, and what effect the noise level would have. Peter Lyons, Planning Director, responded that that Center is going to be rebuilt and modernized and that the noise level will not exceed the City's noise Ordinance. CC:6-8-99 Page d2 Councilman Taylor requested clarification on Section 8 - "The franchise granted hereunder shall not in any way or to any extent impair or affect the right of City to acquire the property of Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, City's right of eminent domain in respect to Grantee or any public utility; nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character or in the event of the purchase by City of assets or property of Grantee, in excess of cost to Grantee of the necessary publication and any other sum paid by it to City therefor at the time of acquisition." Robert Kress, City Attorney, responded that the last sentence regarding "necessary publication" means that the City is required to publish a public notice of the City's intent to grant a franchise, which was published, and the Water Company reimburses us. Mr. Kress continued that if the City ever determines to condemn the franchise, the City would pay fair market value under the eminent domain law and there would be no separate valuation for the franchise. IH. LEGISLATIVE A. RESOLUTION NO. 99-25 CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF 5770,800.14 NUMBERED 27179 THROUGH 27313 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt Resolution No. 99-25. Vote resulted: 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. 99-26 - APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES The following Resolution was presented to the Council for adoption: RESOLUTION NO. 99-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE RENEWAL OF THE LAW ENFORCEMENT CONTRACT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES AND REQUESTING THE CONTINUATION OF ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF ROSEMEAD FROM THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT UNDER THE CITY-COUNTY LAW ENFORCEMENT SERVICES AGREEMENT MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that the Council adopt Resolution No. 99-26. Before vote could result, more conversation ensued. CC-6-8-99 Page a3 Councilman Bruesch requested an update on the liability trust fund collaborative effort. Councilman Taylor asked if the 6% liability is a separate payment that is set aside from the Joint Powers Agreement. Frank Tripepi, City Manager, responded that the 6% is the portion set aside into the liability trust fund. Councilman Taylor asked about the status of the $25 million lawsuit (Telamavayo) negotiations. Mr. Tripepi, responded that the many cities in Contract Cities voted to stay with L.A. County and keep the rate at 6%, rather than switch and take the liability trust fund away from the County. Mr. Tripepi continued that under another program, the rate may Councilman Taylor rea have gone to 8%. the additional law enforcement items memo on that aforementioned status. Mr. Taylor asked if listed on the Resolution will be added costs. Mr. Tripepi responded that those items are budgeted for in the annual budget with little increase from last year. Mr. Tripepi stated that those items are not additional to the bud they are accounted for. get and Councilman Taylor asked if the Sheriffs increase is included in the budget. Mr. Tripepi responded that their increase is included in the final budget and there will be no additions after July 1st. The question was called for. Vote resulted: Yes: Bruesch Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated for the record that through the tremendous turnaround in the response time of the Program g years he has noticed a g where more personnel is involved with schools[and street activities.s. Mr. Bruesch stated that he applauds and thanks the Sheriffs De with the COPS Department for their great service to our community. C. RESOLUTION NO. 99-27- SUPPORTING AB 147 STATEWIDE GRANT PROGRAM IN AN EFFORT TOOTO) CREATING A INCREASE BIKE AND PEDESTRIAN SAFETY AROUND SCHOOLS The following Resolution was presented to the Council for adoption: RESOLUTION NO. 99-27 A RESOLUTION OF THE CITY CO TO SUPPORT AB 1475 (SOTO) CCB"EATING A THE CITY COMPETITIVE STATEEAD GRANT PROGRAM FOR CAP TAL PROJECTS, IANESTATEWIDE INCREASE BIKE AND PEDESTRIANIROUND SCHOOL S'`�ETY AROUND SCHOOLS MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Resolution No. 99-27. Vote resulted: CC:6-8-99 Page k< Yes: q No: Brvesch, Vas uez, ^ Absent: Taylor Clark, Imperial Abstain: None None The Mayor declaredcyrp said motion duly carried and so ordered. ;/ Councilman Taylor stated t safety, he voted No as he that while the schools couldheigis ort opposed to increasing edestrian system that needsnot Justify voting for this bill when rates poolof high steo to be addressed. therem are bikeand h op-out ate stated that the school ndnd0 e ever increasing schoTaylol udited as now at $7s the lhi jor nr Mems place schools,putting t couldg another better u0 million into this type of program, now at billion °Pivot W. CONSENT CALENDAR the education of studenwhich may already be in Taylor NDAR (Item CC-A was removed for disco CC-B APPROVAL OF FIREWORKS STAND scion purposes) q O P sec) CC-C AUTHORIZgq•ION TLOCATION CITIES EXECUTIVE OFATTEND THE LEAGUE OF RUM, MONTEREY, CA , 1999 L9 CC-D AUTIIORIZA TI JITLY 28-31, 1999 INVESTIG ON TO ATTEND THE 1999 ATORS SEMINAR ORANGE, SEPTEMBER GANG MOTIONByCOUNCILn,I that the foregoingN BitY 8-10, 1999 Yes: on the Cons�Cale Calendar be approved pOND BVotOe NCedMANiBRITESCH Brvesch, T resulted: No: None Taylor, Vasquez, Clark,k, Imperial Abstain: None None The Mayor declared said motion duly carried and so ordered Taylor aylor cil CTa asked if any Council member member can attend the Asian Gang Conference, referring to Councilmember Imperial sponded hat he has past and it allows^him taeeofwhat isthappening int and around f thesem conferencesity. in the e conference Taylorstated that he isour community. e now open toher(flyer states "Limited to Imperial trialnforceme, butPis the Only") pany Councilmem favor of Councilman Councilman I Law Enforcement Personnel approval or clearance theeAssoced that a arancI from responded Council anon. Person attending may have t Councilman T to have prior CC-A EXTENSION requested a report back from the conference. ENSI OFAGREEMENT _pq R�'AY AND MEDIAN LANDSCAPE MAINTENANCE Councilman Bruesch a $420.00. sked about Exhibit B-2. Landscaping on Valley Boulevard (CBD), Michael Burbank, Director ofp has been torn est for ahe Vairec or ofParks and ne. ecraaion responded thatbtn the ping haw trees are plumed d street project, ne The price will then beprices have sincelandscaping cc:s.a-g9 negotiated. suspended until the Page 43 that the MOTIONBY COUNCILMAN Council aten Ex-tension ofAg eemem nt o another h edYearEcobD[Bhe Mayor ob PRO TEM CLARK execute the e Yes: No: Bruesch, Taylor, V e authorized to Absent NoneVasquez, Clark, Imperial Abstain: None None V. MATTERS FOR DISCUS The Mayor declared said motion duly carried and so ordered. A SIGN AND ACTION L MOUNTAIN'S l IS CORMATION REGARDING THE SANT CONSERVANCY and HavceTriPepi, City Manager 'q MONICA the L.A.Frank) T n ng rough the gislaturpresented the staff re port, and letters indicating the L.A. that Division ofthe League (Califil can eta Cities e, have end Tripeamendedpi to reflect the conte ed that the two bills (Solis o League and so support thosePapt slated that the ns outlined by g me cities requested, bills since they now incorporate has sent Councilman o'Porate the reading over the Taylor staled that he re in their Minutes, that in order to ogver n arse Minutes,of existence. Mr,as maTated stated theamountofrpro pe be placed on the agenda by the Conservancy Angeles and San Gabriel River formation on their operation e Yion as it will probably beduplicated ai last o budgets Councilmembwith audience, be given a copy Clark requested that the Los f disappointed the case the L A. as the e covterage of the City's those bills.[or Clark stated e in the Plied Tim the Coun were he °ase at all. Ms. negative toward they'm reaction on toward fated that she was ofa the ofthose re died thoroughly.appreciates a u However, er the h eTimese [sark continued temed °nchasti River'sme Ccity f rie as and the sthat it quested that bills and Y the se had so Conservancy, and C No the Senator's efforts.Senator Solis that the City for its now action was requiredCouncil is noMs. on this item. w in support E. RECONSIDERA T COMMITTEES: PON OF IC J4 (GRANI,UND) -POLITICAL Councilman PUBLIC ENTITIES by the Leake of Taylor referred to the B be given t0 Califsnia Cities toe Ylaws of the stated [hany candidate enter into Action for Better at accordingcandidate, they can campaign issues, Cities ABC the Boar Direc d to the Bylaws, the use the money to support es, u'htch states t ) created Board of ylaw e or stated that tors, and vasa League of California oppose t n0 money shall allowed this results in an vacancies willfillednia Cities Y issue. Taylor which the issues.l Irl The rgan organization will th control MreTaylor ' uonm^ onvote any ofse knit" majority vote Boar of ofsel eby none aylor at a s and " u sto ]I thars edlbytty o dr ec ors shall constitute to t onrl o sfthe ofthcM s will be hose a ct Ppose on t directors will have least a majority a quos bylaws, entitled he ballot and thisll available a S20 million °f the quorum. Mrm' which may transact e inued onve process and ntinuedSection l I.enable themll eto oppose r for other public agencies tPut what they wanted that to ntcntors may Participate i ' entitled or support e to be [o Tele hone and Electronic issues the able to side-step �c[ors 6emonitored? equipment as 1 through use of met n1e telephone which states nequilong certain criteria . Mr. tele ales that How does the Brown Act is met Mr. Taylor ase or other electronic s9 apply to those meetings ed how will frownCouncilman hasct had Aocaatrom and the organization Commenred that be their share of ifferenes al statedions always sup the aforementionCities ed conflicts with the agency to form a PAC�d Manager, ex ons of California Cities Californiais Contract that Plaine irstpuand Councilman o Council a number f h that the League Contract Cities r Prop to umo s't Court al and ylor stated that can Tayjor requested ta list oftheeorganizations ga organizations t have done bsy the first public taxation of a special districts, es of change, such as, return ng to the information nfor cations that have to horize e fair uacounties, si10 tuation. elections,The l the St telephone atnd Internet majority vote approvalproperty the Langue ormed pposed roposition Prost years,be able to State Legislature.tam received the majontY of votes Taylorf al toes change ax revenues th e ti sp rt inued that n 13 Taylor a wit h th pinto oras anate ater h ee StatePouncilnan Taylor sat the Sth tated t e d dra Wortlims that t theand the y t not aoiizetimed that money by the and that the people, ABnot now clahave ims ng to end Californiar. Contract these Councilman oy cPut into these whereas, local cities cannot at larch control over that they o ge, will be es money. Councilman Cities does good ob Taylor stated that communicating Lear rganizations can be used to p wall fundsYm� cities he rums, even B?uesclstated tharuesch t that clout `ntnunicating to the Lue of Ceariforn a Cities mote a publicgency believes u h the e t the reason comes from gts/azure. and thatbachas the ciriesrhe League net State surplus why counties the cities organizations re has to be dealt wiand th. unties needssome B e son of fiscal money and have not received have the most Association doth an Taylor ask n1esch stared that he doesclout to inot like urn e of that budatinued that get Pep( Cexplouncil n T yl or to return the asked at is the to hguetofCalifornia Ci that Conbuttract c is something Tri 'ffect are those ed that the led that the es. rues and Co ties They woe cepi responded d ed t majority the League has taken ntract Cities posi ion on ERAP uld be ede pecontributed °nh b efficient, and raid could a I amount nt the their budgetsoney returned ,w ld et to thehigh ars. Mr. Tripepi no at doll ,rent Pi stated that the State co have a City ry lost. Howevenr, ref inefficient, and hies, which in as Councilman Taylor just cities with low to moso serves de larger citieswithr th a erncitiesewith any monies are contract cities, Taylor stated Y or sta ate pro high pro property A 1 ),ninten return the aylor s the State overall the ABC Pent taxes_ pelts taxes d with .tahs. money he just stated that back to cities, and has S4 billion fll or more endorse rte when tared. Councilman wants to go same goes for he in excess eral issues for the on a terr Pro Tem a Cl ou s a people initiated pet i statedor that n therd tLeagdhat he as ors`(Crareserves nium) they dor ill fbY asking that stated that blaming Prop 1&")for the agre e is e a messae the ge tow) continue esult M the Legislature t t here telling the fives with oval firman Taylor on the State ore that the for ties to ir to the League. to take more money awayeZs Clarti mstafed that ti sClarksatea e will Councilman or emphasized actions on the conducted by phone.Committee and according that no other cities V• STATUS REPORTS to their bylaws their lmeei meetings and actions on any VII -NONE Mons can be VII o ITERS FROM OFFICIALS-NONE COMMUNICATIONS F ADJOURAMENT ROM THE AUDIENCE_NONE • There being P m, The next renmeeting will o further actiontoe held on Tuesday,at this m he meeting was adjourned 00 22, 1999, at 8:00 p.m. at 9: APPROVED: City Clerk MAYOR '9