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CC - 02-13-07• MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL February 13, 2007 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:03 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Imperial. The invocation was delivered by Venerable Bante Chao Chu from the Los Angeles Buddhist Union. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran and Mayor Taylor Absent: Mayor Pro Tern Nunez (excused due to family illness) 1. PRESENTATION A. Rosemead Community Calendar Art & Essay Contest Winners Certificates of Recognition and a $25 savings bond were presented to 12 students whose drawings were selected for the 2007 City Calendar. The names of teachers and administrators of the students were also announced and recognized at the meeting. Councilmember Clark congratulated the talented students and their teachers. B. 2007 Air Quality Management Plan for the South Coast Air Basin Rainbow Yeung, City Public Information Specialist at the AQMD delivered information about a draft plan to bring the region into compliance with federal and state requirements. The draft plan is scheduled for Council approval in the Consent Calendar portion of the agenda. Ms. Yeung explained the recommendations on the item and asked for Council support. Marty Kay, an expert from AQMD addressed natural gas quality issues in support of the AQMD draft plan. Councilmember Imperial invited Helen Romero Shaw, the Public Affairs Manager from the Gas Company to present her company's perspective. Ms. Shaw expressed the Gas Company's opposition toward components of the AQMD plan that relate to natural gas. Councilmember Imperial suggested further review before making a decision to support the AQMD draft plan. , City Council Minutes: 2-13-07 Page 1 of 24 • Mayor Taylor agreed that clean air in Rosemead is important, but indicated supporting the AQMD plan without fully understanding all of the components might not be a good idea. 2. PUBLIC COMMENT FROM THE AUDIENCE Ruth Bourne, the Interim Director of the Rosemead Chamber of Commerce requested support for their 1 st Annual Barbeque Cook-off to take place in April. Specific requests were made for tables & chairs, bleachers, a stage, booths and street clean-up assistance after the event. City Manager Lazzaretto stated he had no objections to the request and would be happy to provide the assistance. Mayor Taylor pointed out taking action to support the Chamber request would be a Brown Act violation, as the request was not on the agenda. He suggested the Chamber put the request on the next agenda through a staff member. Howard Kyi, residing at 8803 Jenny Way, requested City intervention with Wal-Mart. Mr. Kyi's home phone number, which he has had for 20 years, resembles Wal-Mart's number. He receives Wal-Mart phone calls at all times of the day and night. Mr. Kyi reported Wal-Mart has been unresponsive to his concerns. Councilmember Imperial volunteered to help Mr. Kyi get the issue resolved. SECTION BELOW IS VERBATIM Shinen: Good evening Rosemead City Council Audience member: Can't hear you Shinen: Good evening Rosemead City Council. My name is Marlene Shinen. I reside at 8447 Drayer Lane, South San Gabriel. Not long ago, Mr. Taylor, I read a paper where you were quoted as saying: "The issues of Wal-Mart are not over. There are some unfinished issues." Without consequences there is no accountability and my concern has been and continues to be, assuring that the City of Rosemead and Wal- Mart comply with all aspects of the conditions of approval and the mitigation measures included in the contractual agreement that were designed to protect the health and safety of the residents and to mitigate damage to the surrounding areas. Wal-Mart has ignored its contractual obligations and so have the Councilmembers who failed to monitor the construction of the building and to ensure that Wal-Mart was held accountable as it failed to comply with the contractual agreement. The mitigation monitoring plan established to ensure that the mitigation measures continue (inaudible) are properly implemented. One of the objections (inaudible) objectives to provide the mechanism to identify areas of non-compliance and need for enforcement action before irreversible environmental damage occurs. A City Council that cared to protect its City Council Minutes: 2-13-07 Page 2 of 24 residents would have enforced the conditions of approval and mitigation measures. At the July 12, 06 Council meeting, during Public Comment period, a Rosemead resident addressed the Council, stating and I quote: "The issue I want to address is the mitigation measures. It specifically states in the mitigation measures: As the lead agency, the City of Rosemead is responsible for ensuring full compliance with mitigation measures. Advising the Council that their staff did not follow through and to quote her: "When I asked the City (and I asked) can you see the documentation of mitigation measures, any logs that tell me you were monitoring the site." She read a letter that she received from the City, in response, stating that in part: "No documents or log are kept regarding the monitoring, specific to the mitigation measures and conditions of approval." Mayor Taylor: you said - Thank you very much. And Councilwoman Clark, you said: Mr. Mayor I want a copy of that letter." As the violations continued and escalated and the City failed to protect them, the residents realized the City ignored their concerns and began to document or log violations as they were witnessed. Residents were on their own. 'Mayor Taylor: you were elected to serve all of the people of Rosemead. You failed miserably as a Councilman and as a City Mayor in protecting residents residing less than 75 feet from this Wal-Mart construction, who were traumatized with constant, unending, unbearable noise and pollution, six days a week, 13 hours a day for 9 months. You failed to build a protective wall as the Mitigation 4.5.1 mandates; the so-called sound blanket came down on May 16, of '06. But the construction continued and escalated as Wal-Mart fast-tracked to complete construction to beat the September 9, 2006 Recall Election. Using an illegally created 30 feet roadway west of the building, the wall you called the protective wall, known as the rat- hole, construction equipment and noise was excessive, with no protective wall, just a temporary fence, covered with a fabric screen, that blew down with the slightest breeze, because your Planning Director, said the winds never exceeded 25 miles an hour. The residents had no protection from fugitive dust particles, noise, diesel emissions and other construction related nuisances. As Mayor of Rosemead, you work against the people for whom you failed to provide protection, and you ignored their complaints with a smile. You ignored your own suffering people. A letter was published in the Tribune August the 19th, 2006. And I would like to read a portion of that letter written by a Rosemead resident: "The plea from residents to the City was simply - enforce the mitigation measures and conditions of approval to minimize the harmful effects of the project. The City has ignored its citizens in favor of a developer and blatantly continues to ignore the contractual agreement. All we asked of the City, and the developer, was to obey the law. They chose not to." That was a quote from a Rosemead resident. I attended a Candidate Forum here, on February 6, 2007 and I heard you say that Wal- Mart is the victim of extortion. There's a lawsuit that you have to defend. Also in the Tribune, 2/7/07 - you were quoted as saying: "The City is facing a lawsuit over the construction of Wal-Mart," and that you should protect Rosemead and Wal-Mart which he called: "..a victim of extortion." That's a quote from the paper. Mayor Taylor - when you chose who you would protect - it wasn't the residents. It wasn't the people, it wasn't the children, with sensitive receptors - you fought them foolishly - you failed immeasurably. Now.. you have chosen to protect Wal-Mart - the company of pure greed, from a lawsuit, filed by your own citizens who have no retort, but to seek litigation. And for whom, will you protect Wal-Mart? Who are these extortionists? They City Council Minutes: 2-13-07 Page 3 of 24 • 0 are stressing the very people you failed to protect. It's these residents that are the true victims. Does Wal-Mart know, on your last assignment, just how miserably you failed to protect your own people, and just how you protect Wal-Mart - the world's richest retail store? (Inaudible) by your protection from extortion - can they afford you? You realize they don't pay much - you realize like you, Wal-Mart is also failing - they've bought you with wilted lettuce - and now, they own the City. But you will protect them, the Super Mayor. And you, will vote to change the name of the City from Rosemead to Small Ville. And may you all live together, happily ever after always. Taylor: May we have a copy of your letter? Shinen: Which one? Taylor: The one Imperial: I'd like one too. Taylor: Excuse me, Mr. Imperial. Would you give us a copy of that? Shinen: This is not a letter. Taylor: What was it? Shinen: This was (inaudible) what I'm stating to you about how you failed was a Mayor to protect the people in our neighborhood, but now our neighborhood has a Wal-Mart and you are going to stand and protect Wal-Mart from the people, who are the victims. Taylor: Are you a registered voter of the City of Rosemead? Shinen: No. No, but you put Wal-Mart in my neighborhood. I am a resident in the area. And according to (inaudible) Taylor: And I appreciate that. The point I want to make is: Who won the last election? The people voted on us. Is that not true? Who voted in the Recall Election? Did they kick us out, or did they elect us because we did the right thing? Shinen: You didn't do the right thing. Taylor: That is your opinion. Shinen: It is my opinion. Taylor: I would like to say (inaudible) you want to know who is suing the City? The Garvey School District started out on March the 5th of 2006 with a lawsuit extorting over $15 million dollars. So you want to know who is doing the extorting - go to the Garvey City Council Minutes: 2-13-07 Page 4 of 24 School Board and ask them to see the charges that they put in there. And you'll calculate it out to over $15 million dollars. Are you aware of that? Yes or no? Evidently you're not. Shinen: I'm not aware of anything of the Garvey School District.. Taylor: I just informed you. Shinen: (inaudible) I speak for our neighborhood and the people that are suffering because of what you failed to do: protect us. Taylor: You had a complaint list of 243 items, is that correct? Shinen: It's over 300 now. Taylor: It's over 300, but every one of those was answered, and you can continue to do what you choose. Shinen: That answer was a joke; it was a stamp. Taylor: Now, you call that a joke (inaudible) Shinen: No violations, it was a joke (inaudible) it was a joke. Taylor: Ok, well you still have the courts open to your use. Anyway, thank you for your comments, and I'll try to keep smiling the best I can. Alright, Mrs. Shinen. Mr. Flournoy: Self. END VERBATIM SECTIO Jim Flournoy, residing at 8655 Landisview Lane, discussed the importance of the City submitting seismic reports to the State which will support the Planning Director's efforts to put forth a new General Plan. Mayor Taylor replied that some reports had indeed been submitted. He reminded Mr. Flournoy that the Planning Department has been involved in extensive Public Records requests submitted, which have taken a lot of time. Mr. Flournoy responded that reports back from 1991 to current have not been filed. Director of Public Works Rukavina clarified that seismic reports for Wal-Mart had been submitted to the State. Todd Kunioka, residing at 8400 Wells Street, reminded staff that City Council meeting agendas have not been posted for the past few meetings. In addition, he requested City Council Minutes: 2-13-07 Page 5 of 24 r 0 meeting minutes are also posted on the website. Mr. Kunioka also discussed the AQMD Resolution item. Brian Lewin, residing at 9501 E. Ralph Street also discussed the posting of agendas on the website. He suggested removing the automatic meeting agenda calendar, as not all meetings take place at the assigned intervals. He suggested cancelled meeting notices be posted on the website. Mr. Lewin also felt minutes should be posted on the City website. In addition, he called attention to a letter that was submitted by Jim Flournoy at the January 23, 2007 meeting. Specifically he reminded the Council they had 30 days from receipt of the letter to inform, cure or correct the concerns about the Brown Act violation mentioned in the letter. 3. CONSENT CALENDAR A. Minutes December 19, 2006 - Regular Meeting January 23, 2007 - Regular Meeting Councilmember Clark requested a minor correction be made on Page 24 of the 12/19/06 minutes. THE FOLLOWING SECTION IS VERBATI Taylor: There is something on here that is not quite clear. Mrs. Shinen - you made reference to these minutes when you came up and spoke. Shinen: I had on there that I wanted to speak to the approval of 12/19 and 1/23/. Councilmember Clark: Oh Taylor: Ok, I thought you.. Shinen: Last time I put out three things and you didn't this time I put down one Taylor: Well, I can shoot down and walk too. Shinen: You got to watch that. Taylor: But anyway, you did have a comment here - did you make your comments or you want to speak on that? Shinen: If you're not ready, I can wait. Taylor: No, we're going to vote on it now. Shinen: Yeah, I didn't want to do that. City Council Minutes: 2-13-07 Page 6 of 24 ~ i Taylor: Alright. Shinen: The minutes are important. One thing that is interesting - why I'm interested in your minutes - my father passed away here 23 - 26 years ago and when I got involved with this Wal-Mart war - I realized that you had minutes. So when he was here 26 years ago, he spoke on acid rain in opposition to the power plant that you had (inaudible) Wal-Mart. Taylor: Yes, will you go to these minutes please? Shinen: I was able to get the minutes of that meeting and ah, I just want to thank you for having the record and that's why I want to tell you that they're important. But, to go to the 12/19 minutes, Mr. Imperial - I think he requested something that I didn't see in the minutes. (inaudible) You can approve them. Because he requested that his word damn, be capitalized. And it's not capitalized. He wants his profanity capitalized. Imperial: You know I've got a problem; my mind seems to go when I had seen you taking a picture of me in my car at the restaurant. Go ahead. Taylor: Alright, go ahead. Shinen: But anyway, it was inaudible, so probably people that listened to the tape didn't hear it. And that's another point. These recordings are so (inaudible) pardon me? Clark: Page number? Shinen: I have the minutes it's towards the end, he said, he said: It's a dam lie and want it capitalized. That's what he said. Imperial: Who said that? Shinen: You Imperial: I can't even spell that, how can I say it? Shinen: I know, (inaudible) Taylor: Alright, go ahead. Shinen: So anyway, that has not been done, as he requested in the minutes, as there is an inaudible word in there. Another thing is that Mayor Taylor you wanted - is that litigation against the City and Wal-Mart - is the City Attorney's comments are usually laced with inaudibles. If the minutes and his comments are important, and I think it should be retained after. But I've been listening to these too and it's very hard. So support the poor people that have to listen and your door... City Council Minutes: 2-13-07 Page 7 of 24 Taylor: It does squeak, I've noticed that also Shinen: You've got to tweak it, so it doesn't mess up your tape. Taylor: Mr.... Shinen: Mr. Pike Taylor: City Manager, can you direct staff to put some WD-40 on that hinge. Shinen: Please do it City Manager Lazzaretto: Yes, sir. Shinen: And Mr. Pike, he attempts to embarrass Councilman Tran, with his comment about a check, but he failed because the adjective is inaudible. So the comment that he made about Mr. Tran's check, when he tried to embarrass him, it was irrelevant; it didn't make any sense. So, I think if you really want some integrity in your minutes, invest in some kind of equipment that will preserve what you speak, as you're (inaudible) at your open meetings, because some of this stuff is really funny. Taylor: Alright, I agree that some of the words are inaudible. Shinen: Ok, but no, I mean they are funny. Because some of them (inaudible) Taylor: Well, I do seem to smile a lot and get criticized for it. Shinen: Can I speak to 1/23 now? Taylor: Yes Shinen: Oh, you and I are going to have fun on this one. Taylor: Alright Shinen: Ok, um, you, ok you said, that during the Public Comment period when I was speaking, when I had the floor and I was seriously addressing the council as to,the accuracy of the 1/23 minutes, um, you interrupted me, you, and you said the sheriff told you to move the car and I gave you the picture Taylor: Yes Shinen: And you said "So what?" Why did you say that? You've got your trusty little recorder and you've got your tapes. And you said in the paper that you taped that, City Council Minutes: 2-13-07 Page 8 of 24 those things so that it backs you up. I never said it that way. Mr. Taylor, I never speak to you that way. I speak to you with unmerited respect. Taylor: What did you just say 20 minutes ago? Now, I'm going to ask that your comments be in the minutes verbatim, when you came up here and I want the words underlined, in this part that you speak with the utmost respect. Shinen: I didn't say utmost. I said unmerited. Make sure you get that right. (Audience cross talk) Taylor: Let me read that word over. Ok, what did you say? Shinen: I said I speak to you with the most unmerited respect. Taylor: Alright. I appreciate that. Shinen: I didn't say "So what" and I object to it. It's in the 1/23 minutes and I want it removed. I'm serious. I did not say "So what" to you. In fact, I have the dialogue. When you came two weeks ago - four weeks; do you remember your comment about taking pictures about blocking the street? Taylor: Yes, ma'am. Shinen: I said: "My car blocked an oversized truck on Delta", yes. Taylor: Yes Shinen: You said, in the middle of the street. I said: "No, I was in my lane". Taylor: I don't believe this. Shinen: You said: "Mr. Wagner, will you please give these to Mrs. Shinen so she can take a look at them? Please hand them over to her? What do you see in the first picture? Where is your car at?" My car is on the line. Taylor: Sitting right in the middle of the street. Shinen: I said that. You said: "It's in the middle of the street, is it not?" I said: It is. You said: "If you recall that you came back with 10 pictures". And I said: My pictures didn't show it. And you said: "Hah, ha, your pictures did show it". Taylor: Wait I minute. I said "Ha, ha?" Shinen: You said "Ha, ha" City Council Minutes: 2-13-07 Page 9 of 24 Taylor: You said, I mean this is the point where we do have some fun. That's not true, because I have never said "Ha, ha", to you or anybody else. Shinen: Well laugh. How do you laugh? Taylor: I smile. Shinen: I mean, it's very rare, but, no you don't. Don't tell them to do it, you go into your warehouse and you find it. Taylor: Ah, go ahead. Shinen: My pictures didn't show it; they weren't really mine, someone else took them, I had no idea you were told, did the sheriffs talk to you at all that day? You said: "This is not wrong". I said: "Yes, well". You said: "Your car was backing up to get out of the way out of the truck, now that shows the events before", and you brought the picture up here and said that I wasn't telling the truth. What does that picture - a picture that is worth a thousand words - what does that picture tell you? Taylor: What was it two weeks before, when you brought your pictures up - showing your car, backed over into the right lane, heading Northbound, and you failed to admit that your car was blocked in the middle of the street, right over the double white line, stopping that truck. That's why I brought it back, two weeks later. But that's you. Shinen: I know, but I did not, I did not speak to that. And that is my point. I know what I did. I blocked the truck. I never denied that. I was talking about the pictures that I did not take, and in those pictures that I have in my possession my truck, my car was not over the line. Taylor: It presented your side of the story. ~ Shinen: When you presented the other pictures, I never said: "So what". Why did you say that? You just make things up. Taylor: Alright, is there anything else you want on those minutes? Shinen: Yes, I want you to take that out. Boy or here. Taylor: Wait a minute, don't you try - what boy? Shinen: But, But, if you were a boy, Taylor: What boy are you talking about? Shinen: If you were, if you were a man you would apologize. City Council Minutes: 2-13-07 Page 10 of 24 i i Taylor: What boy are you talking about? Shinen: If you were a man you would apologize, because you flat out lied, you're reckless with your words. Taylor: What boy are you talking about? Shinen: I'm talking about the man that you called a boy. Taylor: Do you know what went on at that meeting? Shinen: I do. Taylor: You - what did he call me? Shinen: I'm talking about what you called... Taylor: What did he... Shinen: You're the leader, you're the man (Inaudible cross talk between Shinen and Taylor) Taylor: This is where we have a little fun now. What did he call me? Do you want to open it to page 41 and read what he said? Shinen: No Taylor: Let's open it up to page 41 Shinen: I'm kidding. I want you to tell me why you said, that I said: "So what". (inaudible) Why did you do that? Taylor: No.. Boy, says: "Ok dad. Ok Dad. Alright, Dad." You remember that Mr. Tran? And he says: "I've got two dads, tonight, don't 17" And then the next thing is, he turns and says: "Alright, father." So, he was poking his words and I said: "Well good boy." have seven children and I praise them: Nice job, good boy. Shinen: Nine times you asked him: "Have you learned your lesson?" To me, I wouldn't raise a child that way, that's degrading. Taylor: Anyway, let's get back to the point. I don't mean to be bringing that up, but I (inaudible) Shinen: The point is, you do City Council Minutes: 2-13-07 Page 11 of 24 Taylor: (inaudible) but, I do appreciate that. (inaudible) That's alright, that's water. Anyway, are we through with those items? Shinen: Not till you apologize to me. Taylor: Apologize for what? Shinen: For saying something I didn't say. Taylor: Absolutely not. I'm not going to apologize for something I believe was in those minutes accurately. Imperial: And I apologize (inaudible) Taylor: I will do this. I will go back and listen to the tape and we will be back on February 27th, is it? . Lazzaretto: Yes, sir Castruita: Yes Taylor: February 27th, we've got a date, right here. Shinen: Ok, tell me what you're going to do on that date. Taylor: I'm going to go back and listen to that tape and I'm going to review it with you. Shinen: And then you'll apologize for making something up? Taylor: If that's not in there, then I will apologize, fair enough? Shinen: Yes Audience member: Will she apologize? Taylor: No, I'm not interested in her apol - will you apologize, good question? Shinen: For what? Taylor: If it is in there, will you apologize? Shinen: It isn't in there. I just listened to it. I know what I said. Taylor: Ok, alright. Shinen: I've never. I don't talk that way. City Council Minutes: 2-13-07 Page 12 of 24 Taylor: We will bring it back. And you do have the tape, right? Shinen: I have the tape. Taylor: And I have the tape. Boy, this sure is a challenge, isn't it? Shinen: I know. Taylor: Anyway, let's go on. Imperial: (Inaudible) Taylor: Alright, I think we're done with that: Castruita: Clarification: Taylor: Yes Castruita: Do you want this conversation in verbatim? Taylor: Her conversation as far as, to substantiate in the minutes, her criticism when she first came up here and lambasted almost all the Councilmembers except Mr. Tran. Castruita: Tonight. Taylor: Tonight. Castruita: So basically Ms. Shinen's Taylor: Comments Castruita: Public comments Taylor: In the minutes. Castruita: In any section Taylor: Yes. And I know it's water under the bridge, it's part of the job. But anyway, we will show how things do progress. Alright, we've gone through that, Mrs. Shinen. Wallin: So are we removing then, January 23? Castruita: Are we removing? City Council Minutes: 2-13-07 Page 13 of 24 0 0 Taylor: No. We're going to go ahead with the minutes as they are and I've got a date with Mrs. Shinen that we will review these if they need to be corrected. Audience member: (inaudible) Castruita: Ok, then may I ask Taylor: (inaudible) yeah, two weeks. Castruita: This meeting, then, we are including that verbatim conversation. Taylor: Yes Castruita: Do you want that by the meeting of the 27th? Taylor: Please, because I may only have one more meeting. It's possible, so try and keep them updated. I hope that is not asking too much. Clark: It is. It is. Castruita: We're trying, but we're right in the heart of AV period. Lazzaretto: If there is any way to avoid that, Mr. Taylor, that would be appreciated. Clark: Yeah. Imperial: Can we go back to the bridges? Clark: Ok, I have a question. Castruita: We'll do our best. We'll work on that. Clark: Gary, Mr. Mayor Taylor: Yes Clark: The January 23, Marlene is saying you said Taylor: On the July meeting, I believe that's what she said. Shinen: On July 23, you said that I said: "So what". Audience member: "So what". Clark: And is that in the minutes here? City Council Minutes: 2-13-07 Page 14 of 24 • Shinen: Yes 0 Taylor: I don't know, we don't have the July 23`d minutes here. Clark: Oh, the July 23`d? Shinen: No, January. Clark: What page? Castruita: These minutes Taylor: Yes, what page? So it's January 23`d, you're referring to? Where was that comment made? Shinen: Well, I did verbatim, so.. Taylor: Verbatim under your comments? Shinen: You always bring up the truck thing. No.matter what I'm talking about, you drag up the truck thing. Taylor: Aw, lord. Shinen: It's here somewhere. Taylor: Where is that at? The comments from Ms. Shinen. Castruita: There are some on Page 9. Taylor: Page 9 Lazzaretto: Yes sir. Taylor: January 23, page 9. Lazzaretto: Yup Taylor: Where is it at? Bottom of the page, top of the page? Alright, we're all looking at it, where is it at? Where is at? Page 9. Do you have it Mrs. Shinen? Shinen: I'm looking. It was long. Taylor: What was the comment? City Council Minutes: 2-13-07 Page 15 of 24 • Castruita: I don't have that. Shinen: It was regarding - wait, I haven't had a chance to find it, so. Taylor: I know you said it's in the minutes, but what page is it on? Castruita: Do you see it? What page is it? It's not: "So what". Taylor: Alright, I'm going to ask the minutes be approved as they are. What do you see, Mr. Rukavina? Rukavina: If you look at Page 10 of the January 23 minutes, there is a comment about the car parked illegally. Is that what she is talking about? Taylor: Ok, where is it at? Rukavina: It's right above where Veila Navarro starts. Castruita: It's the second comment from the bottom. But, they are summary minutes. They are not quoted verbatim. Clark: Yeah. Castruita: Second to the bottom. Taylor: Alright, I see it. Castruita: Is that where's it at, Marlene? Taylor: She expressed dissatisfaction Shinen: I have a transcript (inaudible) Taylor: Alright, I'm gonna ask that they go ahead and be approved. Bring what your transcript is at the meeting of February 27. Castruita: But I'm sure these minutes were not provided verbatim, they weren't requested verbatim. Tran: They both need to listen to the tape and bring it back later. Taylor: Alright. But I would like to go ahead and proceed with the Consent Calendar. END VERBATIM SECTION City Council Minutes: 2-13-07 Page 16 of 24 • B. Resolution No. 2007-02 Claims and Demands Recommendation: Adopt Resolution No. 2007-02, for payment of City expenditures in the amount of $1,461,564.33 demands 55896 through 56153. C. Acceptance of Bids and Award of Contract for Virginia Street Improvements On January 11, 2007, bids were received for the subject project, which provides for the reconstruction of Virginia Street from Denton Avenue to the west end, and construction of a new segment of Strathmore Avenue from Virginia Street to Garvey Avenue. The City Council will consider award of the contract to the lowest bidder, Garcia Juarez Construction, Inc., in the amount of $619,275.00. Recommendation: That the City Council accept all bids and award the contract for the Virginia Street improvement project to Garcia Juarez Construction, Inc. in the amount of $619,275.00, and authorize the Mayor to sign the contract on behalf of the City. D. Release of Bond - Parcel Map 26748; 3044 Isabel Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of curb and gutter, sidewalk, driveways, parkway drains, sewer lateral and survey monuments for Parcel Map 26748. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $12,150. Recommendation: That the City Council accept the public improvements and release the Certificate of Deposit. F. Resolution No. 2007-03 - Adopting the 2007 Supplement to the Standard Specifications for Public Works Construction "Greenbook" Members of the Greenbook Committee, appointed by the Board of Directors of Public Works Standards, Inc., have prepared the 2007 Supplement to the 2006 Edition of the Standard Specifications for Public Works Construction "Greenbook." Adoption of the supplement is required in order that provisions contained therein can be enforced on public works projects. Recommendation: That the City Council adopt Resolution No. 2007-03 City Council Minutes: 2-13-07 Page 17 of 24 G. Approval of Undertaking Agreement for Parcel Map 62444; 3843 Delta In accordance with the Conditions of Approval for Tentative Parcel Map No. 62444 approved by the Rosemead Planning Commission on January 16, 2006, the subdivider is required to construct a sewer lateral and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of the sewer lateral and survey monuments. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. 1. Approval of Agreement with J.A. Blash Shows, Inc. for Amusement Rides and Game Booths for this Year's 4th of July Celebration For several years the City has used J.A. Blash Shows to provide Amusement rides and game booths in conjunction with the City's 4th of July Celebration. Blash Shows has indicated that they would like to take part in this year's celebration, which will be held on Wednesday, July 4, 2007, at Rosemead Park from noon until 10:00 p.m. The City will sell ride wristbands for one price that will be good all day and can be used as often as the participant wishes. Recommendation: That the City Council authorize the Mayor to execute the Agreement with J.A. Blash Shows, Inc. to provide Amusement Rides and Game Booths on Wednesday, July 4, 2007. J. Approval of License Agreement with the Rosemead Youth Association for the Use of the Rosemead Park Snack Bar For many years, the Rosemead Youth Association, a youth baseball organization, has utilized the Snack Bar at Rosemead Park during their baseball season as a type of a fundraiser and service to the Park patrons. They are requesting that they be allowed to operate it again from February 14th - July 25, 2007. Recommendation: That the City Council allow the Rosemead Youth Association to operate the Snack Bar at Rosemead Park and that the Mayor be authorized to execute the attached License Agreement. K. Employee Longevity Recognition Policy Staff longevity is an important contributor to the success of the Rosemead City Council Minutes: 2-13-07 Page 18 of 24 organization. In an effort to formalize the City's policy for recognizing and rewarding those employees who have reached significant career milestones serving the community, an employee longevity recognition policy has been created for Council consideration. The proposed policy builds off of the City's existing guidelines and formalizes the way in which the City recognizes employees who have reached their 10-year, 15-year, 20-year, 25-year, 30-year, 35-year, and 40-year anniversary while working for Rosemead. Recommendation: That the City Council approve Administrative Policy 30-17 authorizing the establishment of an employee longevity recognition policy. L. LAIF Authorized Signers The City of Rosemead is authorized by Government Code Section 53601, et seq., to invest its inactive funds in a variety of investment instruments, as noted in its investment policy. One of those investment instruments is the Local Agency Investment Fund (LAIF) which is managed by the State Treasurer. From time to time it becomes necessary to notify LAIF of changes in personnel who are authorized to make deposits and withdrawals on behalf of the City. Recommendation: That the City Council adopt the attached Resolution No. 2007-06, which authorizes City Manager, Andrew C. Lazzaretto, Deputy City Manager, Oliver Chi, and soon to be hired Chief Financial Officer as signers on the LAIF Account. Councilmember Tran made a motion, with a second by Councilmember Clark to approve the aforementioned Consent Calendar items with a minor correction the the 12/19/06 minutes requested by Councilmember Clark. Vote resulted: Yes: Clark, Imperial, Taylor, Tran No: None Abstain: None Absent: Nunez Items E, H, M, and N were pulled for discussion purposes. E. Release of Bond for the Wal-Mart Development Project - Parcel Map 26827; 1827 Walnut Grove Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of street, storm drain, water, sewer, street lighting, traffic signal, signing and striping, and landscape and City Council Minutes: 2-13-07 Page 19 of 24 irrigation improvements associated with the Wal-Mart development project located at 1827 Walnut Grove Avenue (Parcel Map 26827). In lieu of bonds, Letters of Credit were issued to the City in the amount of $2,115,660 and $464,550. Recommendation: That the City Council accept the public improvements and release the Letters of Credit. Mayor Taylor asked if the release of bonds would negatively impact the flashing beacon and traffic study that needs to be completed by March 12. Director of Public Works Rukavina explained that since those items were paid for with a separate check, the release of bonds will not impact the flashing beacon. Councilmember Imperial made a motion, with a second by Councilmember Clark to approve Item E to accept the public improvements and release the Letters of Credit. Vote resulted: Yes: Clark, Imperial, Taylor, Tran No: None Abstain: None Absent: Nunez H. Approval of Basketball Lighting Specifications and Authorization for Staff to Solicit Bids for New Outdoor Basketball Court Lights at Rosemead Park The installation of four (4) new outdoor basketball court light poles and fixtures were included as part of the Department of Parks and Recreation Capital Improvement Program for this fiscal year. The new lights will provide for better night play at the outdoor courts at Rosemead Park. Recommendation: That the City Council approve the specifications and authorize staff to solicit bids for the installation of four (4) light poles and fixtures for Rosemead Park outdoor basketball courts. Resident Kunioka suggested using sodium lighting, rather than mercury halogen, as it is easier to filter out, more energy efficient and has a lower operating cost. He requested the lights are shielded. Councilmember Clark asked if there were any reasons not to use sodium lighting. City Council Minutes: 2-13-07 Page 20 of 24 • 0 Mayor Taylor indicated it was up to staff to design the project but stated he preferred the mercury halogen, as it is a brighter white light than the sodium orange light. Councilmember Imperial made a motion to approve, with a second by Councilmember Tran to approve the specifications and authorize staff to solicit bids for the installation of four (4) light poles and fixtures for Rosemead Park outdoor basketball courts. Vote resulted: Yes: Clark, Imperial, Taylor, Tran No: None Abstain: None Absent: Nunez THE FOLLOWING SECTION IS VERBATIM Taylor: Ok, Mrs. Shinen, go ahead. Shinen: It's not verbatim, so I'm not challenging it, but Taylor: What page is it on? Shinen: "Mayor Taylor reminded Ms. Shinen of an incident during which she was presented with a picture of her car illegally parked to which Ms. Shinen gave a nonchalant response". Taylor: That's true, isn't it? Shinen: No, it wasn't. In fact, almost everything I said was yes to. Taylor: Ok Shinen: I want that out. It was not that way. Taylor: Ok, we're leaving it as is, because it's a general statement there. Alright, let's go to - next item: Support of the Air Quality Management District Draft. END VERBATIM SECTION M. Support for AQMD's Draft 2007 Air Quality Management Plan The South Coast Air Quality Management District (AQMD) has the responsibility of drafting a plan to bring the south coast region into compliance with federal and state clean air standards. This plan, known as the Air Quality Management Plan (AQMD) must address several new requirements which relate to the reduction of emissions from mobile sources including, but not limited to, cars, trucks, ships, trains, and planes. City Council Minutes: 2-13-07 Page 21 of 24 0 r In order to effectively implement these pollution control measures, the AQMD must first develop a draft 2007 AQMD and have that proposal approve by the state. Once approved, the AQMD can then lobby the California Air Resources Board (CARB) and the U.S Environmental Protection Agency (EPA) to accelerate their emission reduction programs in the region by implementing recommended measures. Recommendation: That the City Council approve Resolution 2007-04, supporting the development of the South Coast Air Quality Management District's Draft 2007 Air Quality Management Plan and encouraging the CARB and the EPA to implement all recommended measures. Mayor Taylor asked the City Manager for his opinion on the issue. City Manager Lazzaretto commented he was not aware of the issue between the Gas Company and the AQMD and requested the item be deferred and sent back to staff for further review. Councilmember Imperial supported further review before making a decision. The item was deferred. N. Support for Completion of 1-10/605 Interchange and 1-10 HOV Lane On January 25, 2007, the San Gabriel Valley Council of Government (COG) ad-hoc 1-10/605 Interchange Committee met and requested that all cities in the COG approve a resolution to formally indicate their support for the completion of improvements to the 1-10/605 interchange and also the completion of the 1-10 HOV lane between the 605 and 57 freeways. Recommendation: That the City Council approve Resolution 2007-05, supporting the completion of 1-10/605 interchange improvements and the extension of the 1-10 HOV lane between the 605 and the 57 freeway. Resident Kunioka and Resident Flournoy expressed support for the Resolution. Councilmember Tran made a motion to approve, with a second by Councilmember Clark to approve Resolution 2007-05, supporting the completion of 1-10/605 interchange improvements and the extension of the 1-10 HOV lane between the 605 and the 57 freeway. Vote resulted: Yes: Clark, Imperial, Taylor, Tran No: None . Abstain: None Absent: Nunez City Council Minutes: 2-13-07 Page 22 of 24 4. MATTERS FROM MAYOR & CITY COUNCIL Councilmember Clark requested a strong letter be sent to the City of Los Angeles City Clerk that is running the Los Angeles Community College District Election to correct information directing residents to the wrong polling place. She stated for the record that any confusion resulting from the mix-up will be the fault of the City of Los Angeles and not the City of Rosemead. Mayor Taylor requested clarification as to why polling places for the March election were consolidated into fewer locations. City Clerk Castruita explained the consolidation took place to better meet Consent Decree requirements. With fewer sites, the City was able to increase the number of poll workers at each location and ensure at least two bilingual for each language to cover breaks. In the November County election, there were 22 precincts and 11 precincts in the last City election; the higher numbers would have made it difficult to ensure DOJ requirements. Ms. Castruita pointed out the City is small, with only a 5 Yz mile radius. The consolidation resulted in six polling place locations and one all-mail ballot precinct consisting of 58 voters in the northern part of the city that qualify for both elections. State law allows all-mail ballots if less than 100 voters are in a precinct. Mayor Taylor expressed concern about potential low voter turn-out as residents will have to travel further distances to get to their polling location, especially among residents that.can't drive or have to walk. In one example, he cited a distance of 4 miles roundtrip that a resident would have to travel. Mr. Taylor suggested foreign language speakers could have been recruited from the LA County pool that worked the November election. In addition, he stated his preference, that polling places be included as part of the Election Resolution, as in previous elections. Mayor Taylor suggested distance traveled be considered in future elections. City Clerk Castruita commented she did not think the number of precincts would be expanded in the future. In addition to foreign language workers, polling sites which allow set-up the day before the election were required to ensure DOJ requirements. Polling location assignment was focused on City facilities to maintain control of the site the day before and the day of the election. Schools were not used because they were not available for prior day set-up. If the City is still under the Consent Decree in 2009, the same type of arrangements will be made. Mayor Taylor suggested careful observation to determine if fewer polling locations had an adverse effect on voter turn-out. Mayor Taylor directed staff to put a stop sign request on Olney and Bartlett, close to . Jansen Elementary School before the Traffic Commission to prevent rolling turns as crossing guards take students across the street. City Council Minutes: 2-13-07 Page 23 of 24 • 0 Councilmember Imperial requested staff look into traffic light synchronization, especially at Muscatel & Valley. Mayor Taylor advised staff to put the traffic study required after 6 months of Wal-Mart operation on the agenda for the next Traffic Commission meeting to fulfill one of the City's obligations. 5. MATTERS FROM CITY MANAGER & STAFF - None 6. ADJOURNMENT The meeting was adjourned at 10:15 pm. The next regular meeting is scheduled for February 27, 2007 at 8:00 pm. Respectfully submitted: City Clerk City Council Minutes: 2-13-07 Page 24 of 24 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) • I, Nina Castruita, City Clerk of the City of Rosemead City Council, do hereby certify that the minutes from February 13, 2007 were duly and regularly approved and adopted by the Rosemead City Council on the 27th of March 2007, by the following vote to wit: Yes: Clark, Nunez, Taylor, Tran No: None Absent:: None Abstain: Low i f 1 l=(f~ j~.(~/~ Nina Castruita City Clerk