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CC - 01-23-07MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL January 23, 2007 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor 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 Councilmember Clark. The invocation was delivered by Venerable Bante Chao Chu from the Los Angeles Buddhist Union. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and Mayor Taylor Absent: None 1. PRESENTATIONS It was announced a Certificate of Congratulations would be presented to Rosemead residents Hyram Shirmeister and Rose Auslander for their 100th Birthday celebrations. The honorees were not present, but congratulated by the Mayor. Councilmember Clark extended her congratulations too and commented Ms. Auslander was not able to attend as she is disabled and mentioned that Mr. Shirmeister was with his daughter. 2. PUBLIC COMMENT FROM THE AUDIENCE Steven Gortler from Piper Jaffray, reported on the successful completion of the bond re-issuance. The City will save approximately $180,000 each year for the next 27 years. He acknowledged City Manager Lazzaretto and Redevelopment Manager Saeki for their role in the process and thanked council for their participation in the bond re- issuance. Fred Mascorro, residing at 9303 Rose Street, requested the City consider a walk-run against drugs that might coincide with Red Ribbon week in September. The City has a history of sponsoring such an event, most recently through Rosemead High School. Mr Mascorro suggested the City could sponsor the event through the Parks and Recreation department and/or pair up with agencies such as the Rosemead Educational Foundation, Rosemead School District, Garvey School District or the Garvey Educational Foundation. Mr. Mascorro is experienced in coordinating events of this nature and offered the City his assistance. City Council Minutes: 1-23-07 Page 1 of 15 • • Mayor Taylor pointed out that Mayor Pro Tern Nunez has placed a Walk/Run Program on the Agenda, under Section 4, Matters from Mayor and City Council. Councilmember Imperial reported Rosemead High School no longer hosts the event due to lack of participation. Mr. Mascorro replied additional advertising and opening the event to the community might increase the previous participation rate of 300 people. Councilmember Clark mentioned Chuck Hurley, from the Garvey School district sent a letter expressing concern about the canceled event and suggested Mr. Mascorro might work with Mr. Hurley. Mayor Taylor indicated the City would look into bringing back the race. Jim Flournoy, residing at 8655 Landisview Lane, referenced a letter that was distributed in closed session to City Attorney Wallin. Mr. Flournoy asserted correspondence addressed to the City, such as to the City Attorney, Director of Planning, Mayor, City Manager, Council, etc., should not be distributed during closed session; rather he felt they should be filed with the City Clerk as public records. Mayor Taylor requested clarification from the City Attorney as to what is public record, as he didn't think documents pertaining to an on-going lawsuit are considered public. Mr. Flournoy indicated he understood Mayor Taylor's comment, but expressed that he was referring to letters that come in to the City in general. He felt letters do not seem to be getting to the City Clerk for filing purposes. He submitted a synopsis of ideas generated and requested the filing system item be put on the agenda for action at a later time. City Clerk Castruita received the ideas and indicated she would distribute to council Peggy Bauman, residing at 8305 Scenic Drive, South San Gabriel, asked a question pertaining to Wal-Mart. She asserted she had a right to be at the City Council meeting, as LAFCO stated that residents of South San Gabriel are under the influence of the City of Rosemead. Ms. Bauman inquired about rescinded Ordinance # 836, Wal-Mart's development agreement. She thought the rescinded ordinance rescinded Wal-Mart's right to open up in stages but has noticed the Garden Center is still not open and requested an explanation. Mayor Taylor responded the Ordinance referenced is two years old and the lawsuit pertaining to it contains six thousand pages, so research will be done to answer her question. Ms. Bauman asked how she will find out the research results. City Council Minutes: 1-23-07 Page 2 of 15 • • City Attorney Wallin reported the original agreement gave Wal-Mart 10 years to exercise their approvals; without the development agreement, Wal-Mart was then required to start all phases of the development within two years. All phases have started but are not completed; Mr. Wallin reported this is within the scope of the current agreement. Ms. Bauman thought all phases had to open at the same time. Mr. Wallin indicated the project agreement and approval did not require all components to open at the same time. Ms. Bauman asked if the lack of a functioning sprinkler system held back the opening of the Garden Center. Mayor Taylor confirmed this was part of the problem Ms. Bauman then asked why Wal-Mart was allowed to use the space as storage without a sprinkler system in violation of City ordinances. Mayor Taylor explained the space was not open to the public and was used by Wal- Mart staff to assemble Christmas lights. Mayor Taylor then referenced the LAFCO comment Ms. Bauman made earlier and wanted to make sure she was not denied her right to speak, as he agreed she did have a right to address the council. Ms. Bauman responded the Council never denied her right to speak; she only brought up the issue so audience members would be aware. Ms. Bauman reported she witnessed someone removing an election sign endorsing Polly Low. She asked what can be done about this. Mayor Taylor suggested she file a complaint with the Sherriff's department and forward a license number if available. Councilmember Clark noticed a neighbor of Rose Auslander (100`" Birthday honoree) in the audience and invited her to speak. Loretta Gonzalez, Rosemead resident, praised Rose Auslander as a neighbor and community resident. She thanked the Council on Ms. Auslander's behalf and indicated she would make sure to deliver the Certificate of Congratulations. Maria Cerecedes, residing at 7433 Garvey Avenue, in the Park Monterey complex, addressed the Council about problems encountered in trying to sell her mobile home. She received an offer, but an employee representing park owners told the agent units cannot be sold as Park Monterey is scheduled to be dissolved. City Council Minutes: 1-23-07 Page 3 of 15 • • Mayor Taylor asked the City Attorney to advise the resident on the issue and asked for a clarification on the City's role. City Attorney Wallin explained park owners wanting to terminate spaces must submit a relocation plan to the City. He reported the owner of Park Monterey did have a plan before the City, but then withdrew it to explore other alternatives. Mr. Wallin asserted the owner cannot discontinue spaces until another relocation plan is submitted and will pursue the matter with the park owner's attorney. In addition, Mr. Wallin stated he will find advocates to assist the resident. 3. CONSENT CALENDAR A. Resolution No. 2007-01 Claims and Demands Recommendation: Adopt Resolution No. 2007-01, for payment of City expenditures in the amount of $1,420,395.89 demands 55642 through 55894. B. Minutes October 11, 2005 - Study Session November 28, 2006 - Regular Meeting D. Acceptance of Bids and Award of Contract for Reconstruction of Various Alleys On January 11, 2007, bids were received for the subject project, which provides for the reconstruction of three alleys along Valley Boulevard: (1) north of Valley Boulevard (Bartlett Avenue/East End), (2) north of Valley Boulevard (Rio Hondo/East End), and (3) south of Valley Boulevard (Temple City/Strang). City Council will consider award of the contract to PCN3, Inc. in the amount of $438,240.00. Recommendation: That the City Council accept the bids and award the project to PCN3, Inc. in the amount of $438,240.00, waive irregularities in the bid submitted by Sol Construction, Inc., and authorize the Mayor to sign the contract on behalf of the City. E. 2005-06 State Mandated Redevelopment Agency Reports The Community Redevelopment Law, as contained in the Health & Safety Code Section 33080.1, requires that five (5) annual reports be submitted to and accepted by the Community Development Commission and City Council within six months after the end of each fiscal year. Once accepted, the Community Development Commission and City Council City Council Minutes: 1-23-07 Page 4 of 15 • r may authorize staff to transmit the final approved reports to the State. The five reports include the following: 1. State Controller's Report 2. State Housing and Community Development Report 3. The Blight Removal Progress, Property Report, and Loan Report contained in a single document Recommendation: That the City Council approve the State Controllers, State Housing and Community Development, Blight Removal Progress, Property, and Loan Reports and authorize the City Manager or his designee to transmit these reports to the State. F. Renewal of License Agreement with SCE for Klingerman Park Klingerman Park is located just east of Walnut Grove on Klingerman Street. The property is owned by Southern California Edison (SCE), which leases the property to the City for the use as a park. Staff negotiated a one year extension of the lease with SCE for use of the property as a park. The proposed lease agreement will cost the City $100 and is for a one year term which expires the last day of December, 2007. Recommendation: That the City Council approve the License Agreement with Southern California Edison Company for the use of Klingerman Park and authorize its execution by the Mayor. G. Request from Mexican American Student Organization The San Gabriel High School Mexican American Student Organization (M.A.S.O.) has again requested the use of the Garvey Community Center for their Coronation Ball set to take place on Saturday, February 24, 2007. The group has requested that they be allowed to use the facility until 1:00 a.m. The normal designated closing time of the Community Center is 11:00 p.m. In addition, since M.A.S.O. is a youth organization, they will be required to pay a $50.00 refundable deposit. As in the past, the group will need to clean the facility and leave it as they found it. They will also need to comply with the rules and regulations on the back of the facility use form, specifically as it relates to items No. 9 (supervision) and No. 10 (security guards). Recommendation: That the City Council authorize the San Gabriel High School Mexican American Student Organization to use the Garvey Community Center until 1:00 am on Saturday, February 27, 2007. City Council Minutes: 1-23-07 Page 5 of 15 • 0 H. Authorization to Place Ad in Program for the Lincoln Training Center's 23`d Annual "Affair of the Heart" Award Dinner The Lincoln Training Center has requested the City place an ad in this year's "Affair of the Heart" program. Recommendation: That the City Council authorize staff to place a half- page ad in the program at a cost not to exceed $325. Medical Marijuana Dispensaries Moratorium Ordinance In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996, which allowed those who could demonstrate a medical need the legal authority to obtain and use marijuana. Later, in 2003, the California State Legislature enacted the Medical Marijuana Program which required the State Department of Health Services to establish an administrative procedure for the issuance of identification cards to qualified patients for the distribution of marijuana. Later, in 2005, the United States Supreme Court held that the federal Controlled Substances Act prohibits any person from possessing or using marijuana, creating what appears to be a conflict between Federal and State law. In many communities throughout the State of California, individuals have opened and now operate medical marijuana dispensaries. Currently, the Rosemead Municipal Code does not prohibit or limit the establishment of a medical marijuana dispensary in the community. In order to consider community concerns regarding the impact that the establishment of such businesses may have on public health, safety, and welfare, in addition to the potential conflict between federal and State law, the City needs to consider the adoption of appropriate regulations regarding such use. Recommendation: That the City Council adopt Ordinance 849, an interim urgency ordinance which would place a temporary moratorium on the establishment and operation of medical marijuana dispensaries in Rosemead pending further study of the potential impacts that such facilities could have on public health, safety, and welfare, and to address the potential conflict between federal and state law as it relates to the possession and use of marijuana for medicinal purposes. J. Authorization to Attend Independent Cities Association 19th Annual Winter Seminar, February 2-4, 2007 The 19th Annual Independent Cities Association Winter Seminar will include seminars sessions on Municipal Police and Public Schools, School City Council Minutes: 1-23-07 Page 6 of 15 • 0 Violence: Before and After Columbine; and A Better LA. Recommendation: That the City Council authorize the attendance at City expense, including, if any, expenses in excess of $2,500, of any Councilmember, City Attorney, City Manager and staff designee. K. Authorization to Attend California Redevelopment Association (CRA) 2007 Conference & Expo, February 28 - March 2, 2007 The annual CRA conference will include sessions on Blight after 1206 and Eminent Domain after Kelo; Manufactured Housing for Affordable Infill Development; Mixing and Matching Brownfields Tools to Maximize Redevelopment Opportunities, Putting Proposition 1C Dollars to Work and Sustaining Catalytic State Funding and Improving Communities through Creative Financing & Partnerships. Recommendation: That the City Council authorize the attendance at City expense, including, if any, expenses in excess of $2,500 of any Councilmember, the City Manager and staff designee. L. Authorization to Attend National League of Cities (NLC) 2007 Annual Congressional City Conference, March 10-14, 2007 The NLC Conference will include sessions on Emergency Management & Homeland Security; Transportation Financing & Reauthorization; Telecommunication Reform; Eminent Domain; Community Development & Affordable Housing; Educational Reform and Alternative Energy & Climate Change. Recommendation: That the City Council authorize the attendance at City expense, including, if any, expenses in excess of $2,500, of any Councilmember, City Manager and staff designee. M. Authorization to Attend Technical Track for Clerks (TTC) Seminar, March 13-16, 2007 The Technical Track for Clerks seminar sessions will include Local Government Overview; Municipal Clerk Profession; Management Skills; Communication Skills; and Ethics and Personal Values. Recommendation: That the City Council authorize the attendance of the Assistant to the City Clerk. N. Authorization to Attend Annual League of California Cities Planners Institute Conference, March 21-23, 2007 The annual Planning Conference seminar topics will range from City Council Minutes: 1-23-07 Page 7 of 15 • 0 Conditions of Approvals and Findings; CEQA 101; General Plan, State and Local Solutions for Housing and Planning Commission Administrivia. Recommendation: That the City Council authorize the attendance of the Planning Services Administrator and interested Planning Commissioners. 0. Authorization to Attend International Institute of Municipal Clerks (IIMC) 61St Annual Conference, May 21-26, 2007 The 61St annual IIMC Conference education program will include Master Municipal Clerk Academy sessions on Effective Project Management; Emergency Management; Performance Management; Local Government Budgeting; Ethics in Public Service. General Sessions range from Conflict Resolution; Communication; Leadership; ARMA Records Management Track. Recommendation: That the City Council authorize the attendance of the City Clerk. P. AB 1234 Meeting Reports The City Clerk has received a written report filed by Mayor Taylor, Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Imperial, Councilmember Tran and City Manager Lazzaretto. Recommendation: That the City Council receive and file said report. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Tran to approve all Consent Calendar items listed above with minor corrections to the minutes of November 28, 2006. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Minutes September 12, 2006 - Regular Meeting December 19, 2006 - Regular Meeting City Attorney Wallin stated that since the City is party to a lawsuit involving the September 12, 2006 City Council meeting, it is imperative the minutes be finalized for the administrative record. Councilmember Clark indicated corrections were submitted a few months ago, but the City Council Minutes: 1-23-07 Page 8 of 15 LJ C changes were not included in the draft included in council packets City Clerk Castruita explained the only change reflected in the draft submitted to the council was Ms. Navarro's verbatim request. Mayor Taylor acknowledged the explanation and importance of approving the minutes as part of the administrative record. Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, clarified if Councilmember Clark requested to defer the minutes of September 12, 2006. Councilmember Clark responded she was fine with approving the minutes, as the corrections requested originally have been implemented on the computer by the City Clerk. Ms. Shinen asked how the public will know what the final draft will contain. Councilmember Clark responded the previous draft submitted in December reflected her corrections; the version in the current packet includes Ms. Navarro's verbatim request, but is missing the previous minor changes. Ms. Shinen stated she objected to the account of City Attorney Wallin's verbatim section in the minutes. She referenced a section in which Ms. Navarro asked Mr. Wallin if Wal- Mart will open on September 13, 2006. The draft minutes had Mr. Wallin as saying:' "That isn't..." followed by an inaudible comment. Ms. Shinen thought she heard Mr. Wallin say: "That isn't true". Mr. Wallin stated he did not recall what his exact words were. Mayor Taylor commented he reviewed the tape and did not hear the inaudible comment. Ms. Shinen attended the meeting and felt she heard the complete sentence as stated earlier and wanted to explain why she felt Mr. Wallin's exact words were important. Mayor Taylor pointed out that later on in the minutes, Councilmember Clark made the motion to direct the Planning Director to issue the Certificate of Occupancy. An exact opening date was not discussed; the store could open once the safety requirements were met. Ms. Shinen then asked if Mr. Wallin advised the Council Wal-Mart had filed a request for a Certificate of Occupancy on September 12, 2006. Mr. Wallin responded the request was filed with the Planning Director. Ms. Shinen again stated she felt it was important the record reflect Mr. Wallin saying "It City Council Minutes: 1-23-07 Page 9 of 15 isn't true' as opposed to "it isn't She also stated that since Rosemead has one of the highest paid councils in the San Gabriel Valley, it should be able to invest in better audio technology. She asked speakers refrain from coughing and sneezing; she requested Mr. Wallin and Councilmember Clark speak more clearly and use their microphones. Ms. Shinen drew a parallel between the Council issue with Councilmember Tran directing staff discussed at the last meeting with Councilmember Clark's motion to direct staff to issue a Certificate of Occupancy that was illegal. Mayor Taylor indicated that was her opinion. Ms. Shinen defended her statement by reading an excerpt from a letter from the LA County DA indicating the City Council had violated the Brown Act by taking action on an item not noticed on the agenda. Mayor Taylor responded the District Attorney is reviewing the matter because he misunderstood what happened. Ms. Shinen then read an excerpt from a Superior Court case heard on September 13, 2006 in which a temporary restraining order requesting Wal-Mart be delayed in opening was denied because on that same day; the store opened for business. Ms. Shinen asserted the early opening of Wal-Mart affected the recall election turnout and was part of a political plan to help recall candidates retain their seats. Mayor Taylor stated Ms. Shinen was entitled to her hypothetical speculation and denied there was any such political plan in place. Ms. Shinen then referenced a statement made by Mayor Taylor on September 12, 2006 regarding fresh produce and perishables that would spoil if the store did not open when it did. As Ms. Shinen did not purchase a set of minutes, she did not think the section was included in the draft. Mayor Pro Tern Nunez asked which section of the minutes reflected Mayor Taylor's referenced statement on September 12. Mayor Taylor referenced page 21 of the draft minutes and read out loud the specific section Ms. Shinen mentioned to prove it was in the minutes. Ms. Shinen expressed dissatisfaction with Mayor Taylor's response. 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. Velia Navarro, residing at 2239 N. Angelus Avenue, indicated she would ask similar questions regarding the September 12 minutes. City Council Minutes: 1-23-07 Page 10 of 15 • ~J Before she started, Mayor Taylor asked if Ms. Navarro had read the draft minutes. Ms. Navarro stated she had not. She again stated her request to have her statements and the City Attorney's response on September 12, 2006 recorded verbatim in the minutes. Mayor Taylor assured Ms. Navarro that section was verbatim as requested. Mayor Taylor asked why Ms. Navarro had not come in to review the minutes. Ms. Navarro indicated she did not because of her work schedule. She then proceeded to inquire again about a wall around Rice Elementary School she remembered as being promised at a meeting several years ago. Mayor Taylor asked if Ms. Navarro had received a letter from the City Manager reporting the wall in question was researched fully and no such wall was part of the court reporter's transcripts from the meeting. Ms. Navarro indicated she had not received the letter. City Manager Lazzaretto confirmed he had sent the letter. Mayor Taylor reported the Council was sent a copy last week; Councilmembers Imperial, Clark and Tran confirmed they also received the letter. Mayor Taylor asked the City Manager to give Ms. Navarro a copy. Ms. Navarro again stated her verbatim request for the September 12, 2006 minutes. Mayor Taylor and Councilmember Tran confirmed her request was accommodated. Ms. Navarro requested Wal-Mart build a wall around Rice Elementary School to protect the students. Councilmember Imperial made a motion, with a second by Councilmember Clark to approve the minutes of September 12, 2006 with minor changes originally requested by Councilmember Clark reinserted. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None The December 19, 2006 draft minutes were deferred by the City Clerk for final proofing. City Council Minutes: 1-23-07 Page 11 of 15 • • C. Minimum On-Site Parking Requirements for Fast-Food Restaurants - Second Reading The City's zoning ordinance currently requires a minimum of one, on-site parking stall be provided for every fifty (50) square feet of gross floor area for all fast food business. After analyzing this zoning ordinance, staff believes that the requirement has proven to be excessive.. Based on a review and analysis of parking ratio requirements for fast food restaurants in surrounding communities, staff feels that it would be appropriate to change the existing zoning code to require one parking space for each 100 square feet of gross floor area for fast food restaurants. Recommendation: That the City Council adopt Ordinance No. 847 on second reading, amending section 17.84.070 of the Rosemead Municipal Code relating to parking for fast food restaurant uses. Brian Lewin, residing at 9501 E. Ralph Street, requested seating capacity also be considered as not all floor seating space is designed equally at restaurants. He asserted current regulations mandate gross floor area dictate parking spaces required. Mr. Lewin pointed out some restaurants have large kitchens and a small number of seats, or vice versa, which might result in inadequate parking spots. Mayor Taylor requested Director of Planning Johnson give a summary of the process and explain why the City should have a uniform ordinance. Mr. Lewin asked if a question about seating capacity is currently included in the application. Director of Planning Johnson responded that seating capacity is generally not shown on plans submitted to the Planning department. Detailed plans for new buildings may sometimes show fixed tables and chairs. Fire departments do inspections to determine capacity which is displayed on a sign within the interior of the establishment. Building codes also address the issue based on square footage. Mr. Johnson acknowledged some cities do base their parking stall approvals per seating area or usable floor space. Six out of seven area cities base approvals on gross floor area. South El ,Monte requires one parking stall for every four seats. Mr. Johnson conceded it might be advantageous to implement Mr. Lewin's suggestion, but that would require much more analysis and study. Mayor Taylor advocated the City might have been too restrictive in the past as 10 variances have been granted in the past 10 years. He reasoned the Ordinance is in line with what other local cities are doing and developers can still request a variance if needed. Mayor Taylor suggested Ordinance 847 was a step in the right direction and should be approved. City Council Minutes: 1-23-07 Page 12 of 15 • 0 Mr. Lewin inquired about parking problems in surrounding cities. He reiterated seating capacity determines how full a parking lot is, not just gross floor space. He was not necessarily asking seating capacity be part of the Ordinance, rather, he asked the concept is factored into approvals made by the Planning Department. Mayor Taylor referenced a traffic study discussed at the last meeting. Mr. Johnson stated he studied two of the locations which had been granted a variance in the past and observed open parking spaces at various different times. Mayor Taylor again stated he felt the Ordinance was reasonable and flexible enough for variances if requested by developers. Mr. Lewin pointed out it would be unlikely a developer would need a variance as the proposed Ordinance would cut the parking requirement in half for new developments. He suggested the Ordinance might be too generous and create parking problems for the City. He mentioned the City of Alhambra has been too generous in their parking requirements, resulting in parking issues on Valley Blvd. in that city. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Tran to adopt Ordinance No. 847 on second reading, amending section 17.84.070 of the Rosemead Municipal Code relating to parking for fast food restaurant uses. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None 4. ' MATTERS FROM MAYOR & CITY COUNCIL A. Rosemead "Walk/Run" Program Mayor Pro Tern Nunez requested an agenda item to discuss Rosemead "Walk/Run" Program which was recently discontinued. Mayor Pro Tern Nunez advocated the "Walk/Run" program is worthwhile and should be reinstated. He requested council join with him to direct staff to continue something like it and suggested perhaps a different format might be used. He felt the Program might work better if confined to Rosemead Park and indicated staff should approach both Rosemead and Garvey School Districts. Mayor Taylor commented he was in agreement with Mayor Pro Tem Nunez's suggestions and thought the Council should direct staff to put the program together. City Council Minutes: 1-23-07 Page 13 of 15 • Mayor Pro Tern Nunez referenced a letter circulated to participants citing lack of City funds as a reason for Program discontinuation. He stated the City had little to do with the program discontinuation. He suggested better advertising might increase participation. Mayor Taylor recalled the Parks and Recreation Department used to always support the "Walk/Run" event in some way. Director of Parks and Recreation Burbank confirmed the City actively supported the Program every year by providing T-shirts. Councilmember Imperial mentioned the letter he received cited non-participation as the reason Rosemead High School canceled the Program. Mayor Taylor directed staff to research a "Walk/Run" Program and to identify potential co-sponsors. 5. MATTERS FROM CITY MANAGER & STAFF City Manager Lazzaretto commended staff on the completion of two years worth of back logged City Council minutes. Mayor Taylor clarified the former City Clerk was overwhelmed and under excessive strain due to five lawsuits. Mr. Lazzaretto introduced Eileen Chang, as a new staff member that will be involved in redevelopment, block grant and housing programs. Her experience includes 10 years of service at City of La Mirada. The Council welcomed Ms. Chang to the City. A. Wal-Mart Construction Update Staff will provide an update to the City Council regarding the status of construction related activities at the Wal-Mart facility. City Manager Lazzaretto reported that Planning, Engineering and Building staff inspected the Wal-Mart site this week. They verified the remaining items on the construction punch list have all been completed including the fire suppression system in the Garden Center. Mr. Lazzaretto pointed out the reason why the main building and the Garden Center came in at two different times, is because each required a building separate permit. To further address Ms. Bauman's comment during Oral Communications, Mr. Lazzaretto added the Fire Department determined the Garden Center did not require a sprinkler system and Wal-Mart was allowed to use the area for staging and storage. During that time, public was not permitted inside that building. City Council Minutes: 1-23-07 Page 14 of 15 0 0 Mr. Lazzaretto reported the Certificate of Occupancy had been issued and speculated the Garden Center might be open for business this weekend. Mr. Lazzaretto indicated the at the next meeting, the City Attorney will recommend the release of bonds, now that Wal-Mart construction is complete. Staff has carefully checked the conditions of approval, but asked staff is contacted if something has been missed. B. Closed Session: The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: Flournoy v. City of Rosemead 2) Government Code 54956.9(a): Conference with Legal Counsel - Pending Litigation Name of Case: City of Rosemead v. City of Baldwin Park The Council went into closed session at 9:15 pm to discuss pending litigation and returned from closed session at 9:30 pm. City Attorney Wallin announced no reportable action resulted during the session. 6. ADJOURNMENT The meeting was adjourned at 9:30 pm in memory of Brian Wilson, a Sergeant from the Sherriffs department stationed in Temple City, who passed away due to a heart attack. The next regular meeting is scheduled for February 13, 2007 at 8:00 pm. Respectfully submitted: APPROVED: AJA'i ~MfiAO X~f~ City Clerk MAYOR City Council Minutes: 1-23-07 Page 15 of 15 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) 1, Nina Castruita, City Clerk of the City of Rosemead City Council, do hereby certify that the minutes from January 23, 2007 were duly and regularly approved and adopted by the Rosemead City Council on the 13th of February, 2007, by the following vote to wit: Yes: Clark, Imperial, Taylor, Tran No: None Absent: Nunez Abstain: None l~ ~AIL~ti , Nina Castruita City Clerk