CC - 04-25-060
Minutes of the
Rosemead
April
0
Regular Meeting
City Council
25, 2006
Mayor Taylor called the meeting to order at 8:05 PM.
Councilman Imperial led the pledge to the flag.
The Invocation was led by Mayor Taylor.
Roll Call:
Present: Clark, Imperial, Tran, Mayor Pro Tern Nunez, Mayor Taylor
Absent: None
1. INTRODUCTIONS & PROCLAMATION
A. Scott L. Poster, Assistant Fire Chief/Fire Marshall, County of Los Angeles,
Mr. Poster introduced himself to the council and residents. Mr. Poster
works with development, fire code permits and code enforcement; his
office is located in Commerce.
B. Johnny Jee, Assistant Fire Chief Division IX - East Regional Operations
Bureau, County of Los Angeles Fire Department introduced himself to the
council and residents. His primary responsibility is operations; Chief Jee
introduced Magdalena Valdivia - the new Community Services
Representative.
C. Proclamation: West Nile Virus and Mosquito and Vector Control
Awareness Week (April 24th -April 30th)
2. PUBLIC COMMENT FROM THE AUDIENCE
Councilmember Tran made a motion to'move up the Closed Session Item
(Section 5 of the Agenda) to immediately follow the Public Comment section.
Alejandro Gandara, residing at 2523 Dubonnet Avenue, spoke in favor of
continuation of the election process.
Marlene Shinen residing at 8447 Drayer Lane, South San Gabriel, spoke in
support of the recall effort and spoke against semi-trucks on Delta. She
referenced Condition 46-2005 from the revised EIR which restricts semi-
trucks on Delta Avenue. City Attorney Wallin explained that the City can
impose restrictions on city streets; however state law provides that the city
cannot prevent deliveries from being made. Ms. Shinen relayed a recent
incident from March 22, 2006 during which a semi was parked on the wrong
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side of Delta Street and blew an air horn in a residential neighborhood. She
felt residents should be protected by someone directing traffic and that Wal-
Mart should be cited for violating Condition 46-2005.
Councilmember Clark indicated that Wal-Mart has been asked to submit a
schedule and staff has been asked to notify the community within 24 hours of
disruptive activities. In addition, she indicated Wal-Mart will be cited if
violations occur.
Celia Nishimura, residing at 1634 N. Delta Street, South San Gabriel, spoke
in support of the recall effort and stated that Rosemead voters have the right
to vote.
Todd Kunioka, residing at 8400 Wells Street, expressed concern about truck
traffic on Delta Avenue and voiced support about comments expressed earlier
by Marlene Shinen. He also spoke in support of the reinstatement of the prior
recall effort put on hold by court order.
Juan Nunez, residing at 2702 Del Mar, spoke about trash issues and waste
reduction.
Margaret Baumann, residing at 8305 Scenic Dr., South San Gabriel, spoke
in support of signage on Delta Avenue and encouraged the council to allow
residents an opportunity to vote in the recall election.
John Sanchez, who resides in Arizona but has family in town, spoke in
support of Wal-mart. He indicated all companies have a right to open a
business and as a result, the city will generate funds and jobs.
Polly Low, residing at 1039 La Presa, spoke in support of the City Clerk
seeking clarification to proceed with the recall election and also voiced
concern about traffic problems associated with the new Wal-Mart.
Lillian Sacco, residing at 3220 Walnut Grove Avenue, spoke in support of
the recall election.
Yuki Fukumoto, residing at 1807 Delta Avenue, supported the recall election
and restrictive signage on Delta Street. Ms. Fukumoto read a definition of the
term "recuse" and urged Mayor Taylor and Councilmember Imperial to recuse
themselves from voting about the recall election.
Frances Chavez, residing at 4721 Bartlett Avenue, spoke in support of the
recall election and referenced a San Gabriel Valley Tribune poll that indicated
a majority of residents are opposed to the Wal-Mart.
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Julie Wang, City of Alhambra resident and Save Our Community volunteer,
spoke in support of the recall election and encouraged the council to put
public service before public office.
Brian Lewin residing at 9442 Ralph Street, spoke in support of the recall
election and agreed with Mr. Sanchez's assertion that businesses have a
right to open a business, but added that residents have the right to say "No"
Mr. Lewin also spoke in support of the Delta Street signage issue and
asserted that Wal-Mart deliveries can be made from Walnut Grove. Mr.
Lewin asked Mayor Taylor and Councilmember Imperial recuse themselves
from the closed session election issue.
Councilmember Tran requested in the form of a motion, with a second by
Mayor Pro Tern Nunez, that Mayor Taylor and Councilmember Imperial
recuse themselves from the closed session election issue due to a conflict of
interest. Mayor Taylor asked the City Attorney to clarify if he had a conflict of
interest in participating in voting for the closed session item. City Attorney
Wallin indicated that Mayor Taylor did not have a financial conflict of interest
in voting on the aforementioned item. The council voted verbally to ask
Mayor Taylor to recuse himself from the Closed Session item. Vote resulted:
Yes: Tran, Nunez
No: Clark, Taylor
Abstain: Imperial
Absent: None
The Council (except for Councilmember Imperial who recused himself from
the discussion) then moved into closed session at 9:05 pm.
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation - Government Code
54956.9 (a)
Name of Case: Jay Imperial, et al v. Nina Castruita, et al
The Council returned to session at 10:04 pm and public comment regarding
the closed session item was heard.
Larry Bevington, residing at 8372 Rush Street, spoke in support of the recall
election and urged Councilmember Clark to vote to continue the election.
Jim Flournoy, residing at 8655 Landisview Lane, let the Council know that
SOC can intervene in the Imperial vs. Castruita case. If they do that, the
City will have to respond, which will increase costs to the City. Mr. Flournoy
suggested the City would save money by seeking direct court clarification. In
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addition, Mr. Flournoy also pointed out that no matter what state law says
about deliveries, Wal-Mart as part of their conditional permit, agreed not to
use Delta Street for deliveries.
Isabelle Sabagun, residing at 1634 '/z Delta Avenue, lives directly across
from the Wal-Mart construction site. She expressed concern about
construction noise and sign vandalism in her neighborhood.
Mayor Taylor requested staff look into the noise problem at the construction
site.
Alejandro Gandara, residing at 2523 Dubonnet Avenue, advocated that the
City should not pay attorney fees for Lang Lee and Jay Imperial pertaining to
Imperial vs. Castruita.
Councilmember Tran made a motion, with a second by Mayor Pro Tern
Nunez, to authorize the City Clerk, while maintaining a neutral position, to
seek clarification from Judge Klausner on the status of the recall in light of the
granting of the rehearing of Padilla vs. Lever, allow the proponents of the
recall to intervene in the lawsuit and if the Judge lifts the injunction and allows
the recall to proceed, to request that the judge remand the resetting of the
recall election to the City Council of Rosemead for setting at the Council's
discretion between August 15 and September 19, 2006. Councilmember
Tran asked City Clerk Castruita to explain why the election could not take
place on June 6. Ms. Castruita contacted the County Registrar Recorder who
indicated consolidation with the County's June Primary was not an option as
the ballots have already been printed. In addition, Ms. Castruita cited as
reasons for the recommended timeline: conflicts with certified election
vendors and additional time needed to achieve Consent Decree compliance.
THE SECTION BELOW IS VERBATIM AT THE REQUEST OF MAYOR
TAYLOR:
Mayor Taylor: '7'd like to make a comment that this goes back more than
just the February 7 election. There was a lot of deception and fraud that
went on with the previous election. That was when Mrs. Clark was re-
elected. There was literature sent out, paid for by the unions, that
accused this City Council of crimes of destroying voting material. I'm going
to ask the City Clerk right now that I've asked her for a letter stating that
you still have those referendum petitions in your possession."
City Clerk Castruita: "Yes 1 do."
Mayor Taylor: `I need that letter as soon as possible because five weeks
after the election of March, one year ago, five weeks afterwards, the
attorney representing the SOC group came in and wanted to verify all of
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the election materials - how the election went and just verifying the
results. Five weeks after that, one of the workers working with the SOC
group, told us, she told us afterward, not that date, they decided they had
to do a recall because they needed to get the other votes to stop Wal-
Mart. So the issue was: to stop Wal-Mart, they did not have any other
option. So...bottom line was, this was to stop Wal-Mart, because they
didn't get the three candidates during that election. And there were other
people involved with the false literature that went out and it included our
State Senator Gloria Romero, our State Assemblywoman Judy Chu and
the Financial Secretary of the LA County Federation of Labor. They were
deliberate, outright lies and libel that was put out. I'm only telling you this
to interconnect all of it, how it keeps going. And all of that documentation
will be put together. And so again, for the fourth time, I will vote no on this
item. Alright... are you ready for a?"
Audience Member: "Fora motion."
Mayor Taylor: "Want to call for the question. Ready to vote? And, I'd like
the City Clerk... that - I need those comments verbatim because it can all
be backed up."
END VERBATIM SECTION
Vote resulted:
Yes: Clark, Nunez, Tran
No: Taylor
Abstain: Imperial
Absent: None
Mayor Taylor called a five minute recess after the vote, at Councilmember
Tran's request.
4. CONSENT CALENDAR
A. Resolution No. 2006.10 Claims and Demands
Recommendation: Adopt Resolution No. 2006-10, for payment of City
expenditures.
B. Installation Red Curb at 8755 Valley Boulevard
A request was received by City staff to investigate the visibility of vehicles on
Valley Boulevard when exiting Jim's Burgers at 8749 Valley Boulevard. The
request indicated that vehicles parked in front of the adjacent apartment building to
the east (at 8755 Valley Boulevard) blocked visibility for exiting vehicles. The
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Traffic Commission recommended installing 15 feet of red curb in front of the
apartment building at 8755 Valley Boulevard.
Recommendation: That the City Council approve the Traffic Commission's
recommendation to install 15 feet of red curb in front of 8755 Valley Boulevard.
C. Request to Install "No Trucks Over 3 Tons" Signs on Delta Avenue
Los Angeles Department of Public Works, on behalf of local residents, requested
that both the County and City post "No Trucks Over 3 Tons" signs on Delta
Avenue between Rush Street and San Gabriel Boulevard. Section 10.08.010 of
the City of Rosemead's Municipal Code currently prohibits any vehicle exceeding
3 tons on Delta Street, except for those vehicles "making pick-ups or delivery of
goods..." As a matter of practice such signs are not installed; however, the Traffic
Commission recommended that the signs be installed on Delta Avenue south of
Rush Street.
Recommendation: That the City Council approve the Traffic Commission's
recommendation to install "No Trucks Over 3 Tons" signs on Delta Avenue south
of Rush Street
D. Approval of Tract Map No. 53650 - 4619 Muscatel Avenue
Tract Map No. 53650 is being submitted for consideration and approval along with
an undertaking agreement and bonds to guarantee the construction of curb and
gutter, roadway and sidewalk; mainline sewer and laterals, water main and
services, street lights and installation of survey monuments subsequent to the
recordation of the tract map. Easement dedications are required to be granted on
the map for public street purposes.
Recommendation: That the City Council:
1. Approve Tract Map No. 53650;
2. Approve the undertaking agreement;
3. Accept the street dedication; and
4. Direct the City Clerk to arrange for the recordation of the map.
E. Approval of Tract Map No. 62269 - 7931.7945 Whitmore Street
Tract Map No. 62269 is being submitted for consideration and approval along with
an undertaking agreement and bonds to guarantee the construction of street,
storm drain and sewer improvements subsequent to the recordation of the tract
map. Easement dedications are required to be granted on the map for public
utility and drainage purposes.
Recommendation: That the City Council:
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1. Approve Tract Map No. 62269;
2. Approve the undertaking agreement;
3. Accept the utility and drainage easement dedication; and
4. Direct the City Clerk to arrange for the recordation of the map.
F. AB 1234 Meeting Reports
AB 1234 requires that the City Councilmembers and staff provide a brief report on
meetings attended at City expense at the next regular City Council meeting. The
City Clerk has received three written reports filed by Mayor Pro Tern Nunez,
Councilmember Clark and City Manager Andy Lazzaretto.
Recommendation: That the City Council receive and file said reports.
Councilmember Tran, with a second from Councilmember Clark, made a
motion to approve the Consent Calendar items as stated above. Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
5. MATTERS FROM CITY COUNCIL & STAFF
A. Mayor's Committee Appointments for 2006-2007
Assignment of the entire list of appointments was deferred to the following
meeting; Councilmember Tran made a motion to approve a portion of the list
with upcoming meetings:
San Gabriel Valley Council of Governments:
Councilmember Clark, delegate.
Los Angeles County Sanitation District: Mayor Taylor,
delegate; Councilmember Clark, alternate.
• Southern California JPIA: Mayor Taylor, delegate.
Southern California Association of Governments: Mayor
Pro Tern Nunez, delegate.
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Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Mayor Pro Tern Nunez asked for an update regarding a half-way house on
Graves. Mayor Taylor directed staff to update the council.
Mayor Taylor requested the City Manager survey the graffiti removal at Valley
& Mission Blvd. Apparently gray paint was used to cover a brown wall.
Mayor Taylor reported on the night watch graffiti stake-out and indicated
additional follow-up is required.
The council, community members and Lt. Wallace discussed potential ways
to combat the graffiti problem in the city. A citizen's patrol, informant rewards,
photo surveillance system, sharing of a tagger database with the City of El
Monte, and Teflon-coated paint were discussed.
6. ADJOURNMENT
Councilmember Tran made a motion, with a second by Mayor Taylor to
adjourn to Tuesday, May 2, 2006 at 10:00 am for the purpose of touring City
Council Chambers of neighboring cities. Vote resulted:
Yes: Clark, Imperial
No: None
Abstain: None
Absent: None
Nunez, Taylor, Tran
There being no additional items the meeting was adjourned at 11:05 pm.
The regular Council meeting of May 9, 2006 will convene at the standard 8:00
p.m. in the Council Chamber located at City Hall.
Respectfully submitted:
~1 ~~crc~ic
City Clerk
APPROVED:
MAYOR
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