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CC - 04-12-05APPROVED MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL APRIL 12, 2005 CITY OF ROSEME~1) DATE The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tern Taylor. The Invocation was delivered by Bante Chao Chu of the Rosemead Buddhist Monastery. ROLL CALL OF OFFICERS: Present: Councihnembers Clark, Nunez, Tran, Mayor Pro Tem Taylor, and Mayor Imperial Absent: None APPROVAL OF MINUTES: MARCH 22, 2005 -REGULAR MEETING MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Minutes of the Regular Meeting of the Rosemead City Council held on March 22, 2005, be approved as submitted. Vote resulted: Yes: Clark, Nunez, Tran, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: A proclamation was presented to Desiree Lee, Rosemead Community Library Manager, declaring April 10-16, 2005, as "National Library Week". At this time, Councilman Tran requested that the Closed Session scheduled at the end of the agenda be moved up in order to discuss the Wal-Mart litigation matters. After discussion the Council agreed to move the Closed Session to the current time. IX. CLOSED SESSION CCMIN:4-12-05 Page N I • • CONFERENCE WITH LEGALCOUNSEL - EXISTING LITIGATION- GOVERNMENT CODE 654956.(a) Name of Case: Save Our Community v. City of Rosemead The City Council convened to the Closed Session at 8:10 p.m., and reconvened at 8:55 p.m. Robert Kress, City Attorney, stated that the Council met in Closed Session, received the status report from the litigation counsel, and no action was taken. Councilman Tran commented on the litigation and how detrimental this project has been to the community. Councilman Tran made a motion to undue the C.U.P. Plan, the General Plan Amendment and the Parcel Map at the Wal-Mart site. Mr. Kress advised that since that is not an agenda item, it would not be appropriate for consideration this evening. Councilman Tran stated that there could be a consensus to move forward with adoption and bring it back to the next Council meeting for a formal decision. Peter Wallin, Agency Counsel, stated that ultimately the Court is going to issue an order to this body telling them to undo the General Plan Amendment, the Parcel Map and the C.U.P., fix the E.I.R. and reconsider those three actions taken. Mr. Wallin continued that at that time, Councilman Tran's motion would be in order, but until an order is received from the Court to do that, there is not a basis to take that action. Councilman Tran responded that this should fall under the purview of the City Council to make this decision and in order to carry out the people's mandate, he is asking for a motion tonight to stop the Wal-Mart development altogether. Mayor Pro Tern Taylor explained that the entire Wal-Mart project is on hold now because of the Court ruling, and that the City has up to May 10°i to reply, with the proponent's responses due by May 301h . Until then, no action can be taken. Larry Bevington, 8372 Rush Street, Rosemead, representing Save Our Community, asked Mr. Wallin, "Does that mean that no building permits will be issued - nothing issued until after May 31 st?" Mr. Wallin replied that if any activity were to start, the Court would enjoin it. Mr. Bevington stated that if there are any violations at all, they (SOC) are prepared to start the recall action. CCMIN:4-12-05 Page #2 • • Mr. Wallin clarified that the Court Order does not state that an injunction has been issued. However, the Judge announced that he will issue an injunction should it become necessary. Councilman Tran pointed out that there is an Urgency Ordinance imposing a moratorium before the Council tonight also, and urged the Council Members to approve the Moratorium for a period of 45 days or until the ruling is received back from the Court. Mr. Tran requested that Item V. A. be taken out of order and moved up. Mayor Pro Tern Taylor stated that items have been moved up in the past out of consideration for those in the audience and requested that item V.A. be moved up. V. A. COUNCILMEMBER REQUEST FOR URGENCY ORDINANCE IMPOSING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS AND OTHER ENTITLEMENTS ON PARCEL 2 OR PARCEL MAP 7577 (WAL-MART REAL ESTATE BUSINESS TRUST DEVELOPMENT) MOTION BY COUNCILMAN TRAN, SECOND BY COUNCILMAN NUNEZ that the Council approve the request for an URGENCY ORDINANCE IMPOSING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS AND OTHER ENTITLEMENTS ON PARCEL 2 OR PARCEL MAP 7577 (WAL-MART REAL ESTATE BUSINESS TRUST DEVELOPMENT). The.following people requested to speak on the Urgency Moratorium. Jean Hall, 3655 Muscatel, Rosemead, spoke in favor of Wal-Mart. John Nolan, Attorney representing Wal-Mart, 3750 University Avenue, Riverside, urged the Council not to adopt the Urgency Ordinance and referred to his letter submitted to the City Council that pointed out the proposed Urgency Ordinance was procedurally defective. Further, he said it was grossly inappropriate to circumvent legal redress and the Council should act in accordance with the litigation. Councilwoman Clark asked Mr. Nolan if the Wal-Mart project is on hold. Mr. Nolan replied that the Court has the absolute authority to engage in injunctions and that the Urgency Ordinance on tonight's agenda would only cause confusion and muddy the waters. Marlene Shinen, 8447 Drayer Lane, South San Gabriel, stated her concerns that danger signs were posted and asbestos was being removed at the Wal-Mart location, and asked why none of the residents were notified. CCMIN:4-12-05 Page n3 • 0 Ken Rukavina, City Engineer, replied that in July 2002 the environmental consultants for Wal-Mart had discovered some asbestos tiles on the site, probably from being dumped there. Mr. Rukavina stated Southern California Edison cleaned up the tiles about 1 V2 years ago, but with the recent rains, more tiles were uncovered at the east end of the lot, totaling less than 2 square feet of tile. The property is owned by SCE and they worked with AQMD to have the tiles cleaned up on April 7, 2005. The tile was not releasing asbestos fibers in the air and did not pose a hazard to people. Mr. Rukavina continued that by law, the area had to be posted. Ms. Shinen asked Mayor Pro Tern Taylor when did he learn that Wal-Mart would be a 24-hour store, and stated that her neighbor is concerned for his three young children. Mayor Pro Tern Taylor replied that the application stated 24-hours. However, he assumed that the Rosemead store would have the same hours as the Baldwin Park store. Larry Bevington, 8372 Rush Street, Rosemead, representing Save Our Community, stated that the Council capitulated to Wal-Mart.upon their demand that the store be open 24-hours. Mr. Bevington continued that there was nothing in the E.I.R. admitting to any asbestos on the property. Ron Gay, 4106 Encinita, Rosemead, stated that Wal-Mart is not a good project for the City. Polly Low, 1039 La Presa, Rosemead, spoke in opposition of Wal-Mart and that there are other ways of generating revenue for the City. Fred Herrera, 3879 N. Deltd"Rosemead, stated that the City and Council have gone through some very difficult times, including the Union involvment against Wal-Mart. What is at stake is whether a municipality, such as Rosemead, has the right to govern its own City. Mr. Herrera urged the Council not to support the Urgency Ordinance, to build Wal-Mart and put this issue behind us. Rudy Ratterree, 2739 N. Muscatel, Rosemead, spoke in favor of Wal-Mart. Joyce Nakano, 8341 E. Sierra Bonita, South San Gabriel, speaking of her concerns regarding the asbestos cleanup process, asked if this was not a danger to the residents, why was the removal crew in full decontamination gear. Mayor Imperial replied that anytime there is any indication of asbestos, regulations require the cleanup crews to wear decontamination gear. Jewel Mehlman, 1055 Walnut Grove, Rosemead, spoke in opposition of Wal-Mart and this issue has split the community, and that this is the wrong location for a Wal-Mart. Mayor Pro Tern Taylor stated that it is standard procedure for the crews to wear decontamination gear for any asbestos related removal and that the tiles were non-friable. CCMIN:4d2-05 Page s4 • 0 Councilman Tran asked who cleaned up the asbestos and how many pieces were found? Ken Rukavina, City Engineer, replied that SCE was in charge of the cleanup and about 15 small pieces of asbestos were found and removed. Councilman Tran requested staff to obtain a written report from SCE or AQMD that the removal work was completed. Mr. Rukavina replied that he will request a status report and report back to the Council. Mr. Rukavina added that the removal never posed a threat to the people, the work was approved by the AQMD, and the tiles were non-friable. Provisions were made at the site to monitor the air quality. Councilman Tran stated that he recommends halting the Wal-Mart project for 45 days by adopting the Urgency Ordinance tonight. Mayor Pro Tern Taylor called for the question. Vote resulted: Aye: Nunez, Tran No: Clark, Imperial, Taylor Absent: None Abstain: None The Motion failed. A recess was called at 10:00 p.m. and the City Council reconvened at 10:10 p.m. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, complained about the City's Ordinance against urinating in public and stated that it was unenforceable. Mr. Nunez continued that he called the Sheriffs Department on April 3rd to report someone urinating in public and was told to make a "citizen's arrest". James Flournoy, 8655 Landis View, Rosemead, spoke on seismic safety regarding the bridge construction across Alhambra Wash on Hellman Avenue. Mr. Flournoy stated that when that project was approved, it did not include the certification of the Seismic Hazard Mapping Act Report. Mr. Flournoy congratulated staff that the report has since been sent out for review. Mr. Flournoy recommended that buildings that are under construction be audited to ensure that their reports are up-to-date, and that building permits for any buildings built after 1997 be audited also as to ascertain whether they meet the building codes for seismic safety. CCMIN:4-12-05 Page a5 • 0 H. PUBLIC HEARING A. PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT PROPOSED CDBG AND HOME ALLOCATION FOR FISCAL YEAR 2005-2006 Bill Crowe, City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak for or against this item. Dr. Jennifer Foote, representing Family Counseling Services of West San Gabriel Valley, stated that they have now merged with Santa Anita Family Services and thanked the Council for their past and current support of their programs. There being no one else wishing to speak, the Mayor closed the public hearing. Councilman Tran asked why only the Rosemead School District is represented and not the other school districts. Mr. Crowe replied that other districts have applied in the past. Mr. Crowe explained that the required reporting may have made it difficult for the school districts to comply. However, the school districts are eligible to apply depending on the program and whether they can meet the federal reporting requirements. Lisa Baker, Grants Coordinator, stated that a RFP list is maintained, and everyone requesting to be on that list received a RFP the same time that the public announcement was made. Ms. Baker explained that only certain types of programs are eligible; they have to benefit low-moderate income persons, be Rosemead residents, be an eligible public service program, and the school district has to be willing to comply with the federal requirements. Councilman Tran stated that he approached the Garvey School District about this funding program, but they were not aware of it. Mr. Tran recommended that the City reach out to all the school districts in the future. MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM TAYLOR that after public testimony, review and any amendments, the Council approve the proposed CDBG and HOME programs and projected use of funds for FY 2005-2006 and authorize staff to include this in the Annual Funding Plan, and the Council consider the public service applications and award funding within the 15/5 cap amount available to public service agencies that have submitted applications. Before vote could result, more discussion ensued. CCMIN:4-12-05 Page a6 • 0 Councilman Nunez requested clarification on the staff report recommendation. Council received a letter from the Boys and Girls Club indicating that their organization was experiencing some problems; however, nothing in the staff report recommendation makes any reference to that fact. Ms. Baker agreed that Councilman Nunez was correct and stated that the recommendation will include a conditional approval on the Boys and Girls Club because they are currently not open for service, and would not be funded if they are not open by July 1, 2005. German Gallardo, Executive Director, Rosemead Boys and Girls Club, stated that he is the new Director and explained that their organization is closed due to remodeling and relocation as of April I". However, they will be open in June in time for their summer program. Councilwomen Clark clarified her Motion that it includes the conditional approval for the Rosemead Boys and Girls Club, Mayor Pro Tern Taylor, Second, agreed. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 111. LEGISLATIVE A. RESOLUTION NO. 2005-07 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2005-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF S 1,150,524.96 NUMBERED 48512 THROUGH 48696 MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Council adopt Resolution No. 2005-07. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:4-12-05 Page 47 • 0 IV. CONSENT CALENDAR CC-A APPROVAL OF ENTERTAINMENT LICENSE AND DANCE LICENSE FOR THE AGUILAS RESTAURANT & NIGHTCLUB, 8800 GARVEY AVENUE CC-B AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES ASSOCIATION 46TH ANNUAL MUNICIPAL SEMINAR, MAY 19-22, 2005, INDIAN WELLS CC-C AUTHORIZATION TO ATTEND LEGISLATIVE ACTION DAYS, MAY 11-12,2005, SACRAMENTO CC-D APPROVAL OF AGREEMENT FOR TECHNOLOGY INTEGRATION GROUP TO PROVIDE COMPUTER NETWORK UPGRADE SERVICES CC-E EXTENSION OF AGREEMENT WITH DIGITAL MAP PRODUCTS FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES CC-F AUTHORIZATION TO PURCHASE CITYWIDE DIGITAL AERIAL PHOTOS CC-G APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 27139-9306 GUESS STREET CC-H RELEASE OF BOND - PARCEL MAP 26808 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carved and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None B. COUNCIL MEMBER REQUEST FOR LAW ENFORCEMENT SERVICE REVIEW AND FEASIBILITY ASSESSMENT OF FORMATION OF A MUNICIPAL POLICE DEPARTMENT Councilman Tran, requestor of the item, stated that he does not have anything against the Sheriffs Department, but a locally controlled department and response time would provide better service to the City. Mr. Tran continued that currently the City shares Temple Station CCMIN:4-12-05 Page NS M s Sheriff services with Temple City and South El Monte, and should a crisis arise, response time is much slower than having our own police department. Councilman Tran stated that he has received complaints about a lack of police presence in the City. Mr. Tran requested a feasibility study regarding the cost of having a dedicated police department. Mayor Imperial stated that he is satisfied with the City's Sheriff's Department. Councilman Nunez stated that all they are asking for is a study, changes have occurred through the years that a consultant may be able to identify. Councilwoman Clark pointed out that the L.A. County Board of Supervisors are considering increasing the cost of Sheriff's services to contract cities. Mrs. Clark requested that this item be deferred until the Board makes that decision. Captain Shaw, Commander, Temple Station, agreed that the Board of Supervisors is re- examining the cost model that the Sheriffs use to charge cities for their law enforcement services. Captain Shaw explained that should Rosemead develop their own police department, it will result in a huge increase in law enforcement costs. Captain Shaw recommended also that the Council wait until the Board of Supervisors makes their decision. MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM TAYLOR that this item be tabled until the Los Angeles County Board of Supervisors makes a decision. Before vote could result, more discussion ensued. Councilman Tran asked how long would the study take? Bill Crowe, City Manager, replied that it would take approximately six months. Councilman Tran suggested that during the interim we could proceed with the study. Councilwoman Clark replied that the problem is that the figures are unknown and we don't know what the Board will take away from the cities, and that it would be a waste of money to pay a consultant to do a report at this time. Mayor Pro Tern Taylor called for the question. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:4-12-05 Page n9 At this time, 10:50 p.m., Mayor Pro Tern Taylor requested to be excused from the remainder of the meeting as he had to leave. VI. STATUS REPORTS A. UPDATE OF GENERAL PLAN AND ZONING ORDINANCE Bill Crowe, City Manager, stated that the General Plan is in the process of being updated. Mr. Crowe suggested that the City's General Plan consultants meet with Councilmen Nunez and Tran to brief them and to address any of their issues or concerns. VII. MATTERS FROM OFFICIALS A. COUNCILMAN NUNEZ Announced that Estelle Holtz was named Woman of the Year for the 24`I' Senate District by Senator Gloria Romero. He stated that areas within the City are unsightly, trash and mattresses, etc. are left on the sidewalks, and graffiti is all over. There has to be a better way to respond to calls requesting pickup of those items and calls requesting graffiti removal, perhaps development of a 24-hour response time. B. COUNCILMAN TRAN Agreed with Councilman Nunez and requested that the City Manager report back to the Council on improving response times and ways to cleanup the City. Councilman Tran asked what happened to the medians when San Gabriel Boulevard underwent their beautification project. Ken Rukavina, City Engineer, responded that the idea of installing medians in San Gabriel Boulevard was discussed by the Council two years ago. Mr. Rukavina stated that the Council believed that there would a large opposition from the business community to the installation of medians and that it would a safety issue for public safety vehicles. At that time it was approved to just do the parkway landscaping, street resurfacing and install new sidewalks. Mr. Tran commented that most cities do have tree-lined streets and medians too - that is part of the beautification project that should be incorporated into the City's General Plan. Councilman Tran asked what would the cost be to go back and install medians. Mr. Rukavina responded that some of the preliminary layouts had medians in it, and that it would cost up to $750,000. The current project costs $2 million. Mr. Rukavina explained that the funding came from the Federal Transportation Act, CDBG funding, and from Redevelopment Agency funds. Discussion ensued on what type of funding could be used for the medians. Requested that the City Manager and City Engineer draft a letter to Cal Trans asking them to relinquish Rosemead Boulevard to the City. This will enable the City to do a major overhaul of that street. Mr. Crowe stated that this can be brought back at a future Council meeting, and conversations have already taken place with Cal Trans and the Los Angeles County Department of Public Works. Mr. Rukavina explained that this is a very involved process and takes several years to complete. CCMIN:4-12-05 Page #10 Councilman Tran stated that the Urgency Ordinance moratorium tonight was denied and that at the last Council meeting he had requested approval to hire an independent legal counsel to look at the E.I.R. Since then, the City's attorneys have to report back to Court with corrections to the E.I.R. Mr. Tran stated that he is making a MOTION to hire a legal independent counsel who specializes in CEQA, to look at the E.I.R. Councilman Nunez SECONDED the Motion. Mayor Imperial stated that he does not see the necessity of hiring another attorney at this point. Councilwoman Clark stated that the Court has already given the City direction, and that it would be a waste of taxpayers money to hire another attorney. Councilman Tran responded that preventing a lawsuit or any further litigation would ultimately justify the cost of hiring an independent legal counsel, and that a cap could be set at $7,000. Mr. Tran called for the question. Vote resulted: Yes: Nunez, Tran No: Clark, Imperial Absent: Taylor Abstain: None The City Attorney advised that a tie vote resulted in no action on the Motion. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Larry Bevington, 8372 Rush Street, Rosemead, stated that due to the non-response of some of the Council Members, they intend to circulate a Notice of Intention to recall Mayor Pro Tern Taylor and Mayor Imperial. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 11:15 p.m. The next regular meeting will be held on Tuesday, April 26, 2005, at 8:00 p.m. Respectfully submitted: City Clerk CCMIN:4-12-05 page #.I I