CC – Approval of Minutes 11-25-97 NOT '-..7OL�L UJVTr..
ADOPTED BY THE
MINUTES OF THE REGULAR MEETING ROSEMEAD
ROSEMEAD CITY COUNCIL :CITY COUNCIL
NOVEMBER 25, 1997
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Imperial
The Invocation was delivered by Councilmember Taylor
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor, Vasquez, Mayor Pro Tern Bruesch, and
Mayor Imperial
Absent: None
APPROVAL OF MINUTES: OCTOBER 28, 1997 -REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM
BRUESCH that the Minutes of the Regular Meeting of October 28, 1997, be approved as
submitted. Vote resulted:
Yes: Vasquez, Taylor, Clark, Bruesch, 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
II. PUBLIC HEARINGS - None
III. LEGISLATIVE
A. RESOLUTION NO. 97-48 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 97 - 48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$939,520.58 NUMBERED 21676 THROUGH 21907.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council adopt Resolution No. 97-48. Vote resulted:
CC 1145-97
Page 41
Yes: Vasquez, Taylor, Clark, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Mayor Pro Tern Bruesch requested information on the following checks: Check No.
21851 to A&R Community Child for $2310.00; Check No. 21778 to Espinoza's Leather for
$811.81; and Check No. 21788 to Goldstein Kennedy Petito.
Councilmember Taylor requested backup information on Check No. 21790 to Home
Town Buffet, Inc. for $213.98.
B. RESOLUTION NO. 97-49 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD APPROVING PROGRAM
SUPPLEMENT NO. 008 WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE 1996/97 ASPHALT
CONCRETE OVERLAY PROJECT
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 97-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING PROGRAM SUPPLEMENT NO. 008 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE 1996/97 ASPHALT CONCRETE OVERLAY
PROJECT
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council adopt Resolution No. 97-49. Vote resulted:
Yes: Vasquez, Taylor, Imperial, Bruesch, Clark
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (Items CC-C and D were removed for discussion purposes)
CC-A AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES
ASSOCIATION 31ST ANNUAL SACRAMENTO LEGISLATIVE
ORIENTATION TOUR- JANUARY 13-15, 1998 - SACRAMENTO
CC-B APPROVAL OF ECONOMIC DEVELOPMENT LOAN FOR GARVEY
WHOLESALE BEVERAGE (This item was re-opened after discussion of
V.A.)
CC-E APPROVAL OF ENTERTAINMENT PERMIT FOR CAFE GIVRAL, 9008
GARVEY AVENUE, #E
CC-F AUTHORIZATION TO APPLY FOR 1996 SAFE NEIGHBORHOOD
PARK GRANT
CC11-25-91
Page g2
MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY MAYOR PRO TEM
BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes: Vasquez, Taylor, Imperial, Bruesch, Clark
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC-C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR
REPLACEMENT OF STREET TREES ON OLNEY STREET
Councilmember Taylor stated that he will vote No on this item even though he approved
the bid specification at the last Council meeting which indicated planting of Camphor Trees. Mr.
Taylor continued that upon further research of those trees, the dropped berries will have a
negative effect on the vehicles and on the neighborhood.
A petition was circulated and signed by 32 residents of Olney Street requesting that the
issue of type of replacement tree for Olney Street be re-opened. It was the consensus of the
Council to re-open the issue of what type of replacement trees to plant on Olney Street.
Loretta Urquidi, 9721 E. Olney, Rosemead, stated that the petition was signed by most of
the neighbors and that the consensus seemed to be that they were not in favor of the Camphor
Tree.
Mayor Pro Tern Bruesch stated that some of the residents favor replanting Silver Maples;
however, that would cause the same type of problem as is occurring now and that replacement of
another species of Maple Tree would not have the same growing pattern.
Councilmember Taylor requested discussing the possibility of deferring this item pending
more input from the residents as to their preference. Mr. Taylor suggested replanting the Silver
Maple tree as it is a fast growing tree and the residents would not have to wait another 25 years
to gain their shade trees back if another type of tree is planted, as suggested by the Arborist.
Mayor Imperial and Councilmember Taylor agreed that another meeting should be
scheduled with the residents.
Judy Redline, representing her mother, Mary Lavey, 9619 Olney, stated that her brother
resides there also and has Multiple Sclerosis and needs a shade tree. In 1990, their Maple Tree
was removed due to disease and in 1991 the City planted a Brisbane Box tree and they now have
shade. Ms. Redline continued that she does not understand why the City is now going to remove
the Brisbane Box tree, that the tree is fast growing, drops very little leaves and stays green year
round. Ms. Redline stated that at the last residents meeting, she was informed that within the next
five years their tree would be removed to maintain the uniformity of trees on that street.
Mayor Imperial asked those in the audience from Olney Street if the Brisbane Box tree
would be acceptable. Those in the audience responded affirmative.
Ms. Redline stressed that some of the neighbors are handicapped and need shade trees
now; they cannot wait another 10 or 20 years.
MOTION BY MAYOR PRO TEM BRUESCH that a meeting be scheduled with the
residents, staff and any Councilmembers that want to attend, with the addition of a list of trees
with pros and cons to give to the residents and where these trees can be found.
CC 11-25-97
Page e3
Councilmember Taylor suggested that the residents receive this information prior to the
meeting.
Mayor Imperial stated that the purpose of this meeting is for informational purposes only
and a decision will be made at a future Council meeting.
Councilmember Clark stated that she does not agree with removing a good living tree for
sake of uniformity.
Councilmember Taylor agreed with Councilmember Clark, but raised the issue of planting
several different types of trees in one block. Mr. Taylor suggested having a sign-in sheet at the
meeting.
Mayor Imperial asked Mayor Pro Tern Bruesch to repeat his motion.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
TAYLOR that a meeting with the residents of Olney Street be arranged between staff and any
Councilmember that wants to attend and prior to the meeting have a packet delivered to the
residents and Council to include a list of street trees with their pro's and con's and sites where
these trees can be viewed. Before vote could result, more discussion ensued.
Michael Burbank, Director of Parks and Recreation, requested clarification on where staff
is to obtain the trees for the list and what specifically is to be included in that packet.
Mayor Pro Tern Bruesch suggested a list from the Arborists that was used.
Councilmember Taylor stated that he would rather have a list from the residents as they
have been researching what they can live with rather then the Council telling them what they have
to have
Councilmember Clark stated that the issue of the diseased Maple Trees needs to be
addressed. Ms. Clark continued that those trees are a danger and perhaps the contract should be
awarded tonight to remove them and the species of trees to be replaced can be determined later.
Mr. Burbank requested clarification that only the diseased Maple Trees would be
removed; the rest would remain.
Councilmember Clark requested that the motion be amended to add that the Council will
award the contract to the low bidder to remove the trees which pose a danger, especially with the
threat of El Nino. Mayor Pro Tern Bruesch accepted the motion.
Mayor Imperial requested Mayor Pro Tern Bruesch to repeat the motion again.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
TAYLOR that a meeting with the residents of Olney Street be arranged between staff and any
Councilmember that wants to attend and prior to the meeting have a packet delivered to the
residents and Council to include a list of street trees with their pro's and con's and sites where
these trees can be viewed; and that the contract be awarded to the lowest bidder to remove only
the diseased Maple Trees that pose a threat. Vote resulted:
Yes: Vasquez, Taylor, Imperial, Bruesch, Clark
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC 11-25-97
Page 44
•
CC-D SPECIFICATIONS FOR BUS SHELTER MAINTENANCE
Mayor Pro Tern Bruesch requested that a clause be added to the general specification to
include under Section A. Scope of Work: "Bidder shall document their expertise or the expertise
of a subcontractor in the repair and maintenance of the specified photovoltaic lighting system of
each shelter". Mr. Bruesch stated that would ensure that any bidder or subcontractor would be
able to repair the photovoltaic system referring to the recurrent maintenance problems of the
lighting system.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that the Council approve the bid specifications with the addition of the aforementioned
clause and authorize staff to seek bids for bus shelter maintenance services. Vote resulted:
Yes: Vasquez, Taylor, Imperial, Bruesch, Clark
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. PAYMENT OF COMMUNICATIONS CONDUIT ON VALLEY
BOULEVARD
Councilmember Taylor asked when are the credits applied as the City may not be using
them for a 10-year period.
Mayor Pro Tern Bruesch stated that he would prefer the City fund the installation of the
conduits to have a credit reserve for future use.
Frank Tripepi, City Manager, explained that if the City funds the installation and the
County, in a few years, uses the conduit to run their system, the City will still receive the credits.
Ken Rukavina, City Engineer stated the CMP guidelines allows the credits to be granted in
milestone phases and this project would allow the City to receive partial credits as it progresses.
Councilmember Taylor requested clarification on how the City would receive credits for
County equipment and their costs.
Mr. Rukavina explained that this proposed project is to provide a traffic system
management program along Valley Boulevard and that the installation of the conduits are there
for connection of wires for synchronization of traffic signals and to install surveillance equipment
to allow monitoring of incidents at a monitoring center, thereby, allowing more timely dispatching
of crews and equipment to that site as soon as possible. Mr. Rukavina continued that the system
will be ultimately owned by the City and the City would be responsible for coordinating any
changes with the County, and that the City would receive credits for our share of the portion paid
for. Mr. Rukavina stated that should the City continue to pay for the system as we go along, then
the City would ultimately receive 100% of the credits.
Mayor Pro Tern Bruesch stated that traffic management by cities may be mandated in the
future and could affect construction of major retail centers in an area because of insufficient
housing for people in the immediate area. Mr. Bruesch stated that with those credits in reserve,
the County cannot "hammer" the City with those mandates.
Councilmember Taylor asked how do we lose a credit?
CC 11-25-97
Page 75
Mr. Rukavina stated that the MTA has developed the CMP guidelines and that credits are
allocated to cities depending on the different types of projects. Mr. Rukavina explained that the
credits lost are considered debits which is based on development activity within the City and the
purpose is to have each agency balance development versus traffic.
Councilmember Taylor noted that he meant to vote No on Item CC-B and that he
inadvertently voted Yes. Mr. Taylor stated for the record that he meant to vote No. Mr. Taylor,
cited as an example, the aforementioned item which grants an economic loan to Garvey Wholesale
Beverage enabling the creation of new jobs, whereby, the MTA could possibly deduct credits
from the City because of that.
Mayor Imperial stated that item IV. CC-B could be re-opened.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that the Council approve the City funding the entire traffic management system and the
City receiving full credits. Before vote could result, more discussion ensued. Councilmember
Taylor clarified that the County wants a 4" conduit installed for their purposes as was presented
at the last Council meeting, and now we are in the position of installing an entire system that the
County will basically operate while the City pays for it. Mr. Tripepi explained that the County
approached the City to install a conduit for approximately $180,000; however, if the City funds
the installation then the City can be reimbursed when the County wants to use the conduits. The
City can apply for County grant monies to purchase equipment for the traffic operation center,
wherever it will be located, Mr. Bruesch verified his motion. Councilmember Clark asked if there
was a possibility of using 2166 funds? Staff responded that most of those funds were used up.
Vote resulted:
Yes: Vasquez, Imperial, Bruesch, Clark
No: Taylor
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor stated for the record that he is opposed to burying $85,000 to
$100,000 in the ground and using City money for credits that possibly will not be used for several
years.
IV. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
TAYLOR that the Council reconsider item CC-B. Vote resulted:
Yes: Vasquez, Taylor, Imperial, Bruesch, Clark
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC-B APPROVAL OF ECONOMIC DEVELOPMENT LOAN FOR GARVEY
WHOLESALE BEVERAGE
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
VASQUEZ that the Council approve an economic development loan to Garvey Wholesale
Beverage in the amount of$50,000, and that the City Manager be authorized to execute
appropriate agreements.
CC 11-25-97
Page k6
VERBATIM DIALOGUE STARTS:
COUNCILMAN TAYLOR: Before we vote on that Mr. Mayor. The reason that I removed this
item, here's a business that has been in the City what...30, 31 years, I believe is what it stated and
they've had a pretty good liquor license...what is...wholesale...
FRANK TRIPEPI, CITY MANAGER: Distribution...
TAYLOR: What is the...CC-B, Approval of an Economic Development Loan for Garvey
Wholesale Beverage and I believe it's stated in here that they've been in 30, 31 years and they have
spent $175,000 of their own money to improve their business.
MAYOR IMPERIAL: It shows intent, O.K.
TAYLOR: And, now the City is going to give a 10 year, under the terms of the note,._"Garvey
Wholesale Beverage would receive a loan for $50,000 for ten years at six percent interest. This
loan would be deferred for the ten year period if the company remains in business and continues
to own the site. At the end of the ten year period, after successful completion of the terms and
conditions of the Owner Participation Agreement, Garvey Wholesale Beverage could request that
the City forgive the original loan amount". I don't believe that's the intent of giving loans and
grants to the business, especially of this nature where they put in the improvements. This was to
encourage a lot of businesses to come to Rosemead and this $50,000, I believe that this is an
abuse of the program. I'd like the whole comment in there verbatim.
IMPERIAL: Staff is so directed. Is that all? Would you vote please.
VERBATIM DIALOGUE ENDS.
Vote taken from voting slip:
Yes: Vasquez, Imperial, Bruesch, Clark
No: Taylor
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
VI. STATUS REPORTS -None
VII. MATTERS FROM OFFICIALS
A. UNAPPROVED CITY COUNCIL MINUTES OF JUNE 25, 1996.
Councilmember Taylor stated that he gave the City Clerk his copy of the filled in sections
from that meeting.
Mayor Pro Tern Bruesch also gave his copy to the City Clerk and explained that he tried
to restructure comments as best as he could.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None
CC 11-25-97
Pagc k7
IX. CLOSED SESSION
The Council recessed to a Closed Session at 9:00 p.m. pursuant to Government Code
§54957.6 for the following purpose: CONFERENCE WITH LABOR NEGOTIATOR. Agency
Negotiator: Charles Goldstein. Employee Organization: Rosemead Local 347, Service
Employees International Union, AFL-CIO.
The Council reconvened at 9:20 p.m..
Robert Kress, City Attorney, stated that the Council met in a Closed Session for the
purposes as stated on the Agenda and provided direction to the City's labor negotiator.
X. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 9:21
p.m. The next regular meeting will be held on Tuesday, December 9, 1997, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk MAYOR
CC 11-25-97
Page 48