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CC - 10-11-05MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL OCTOBER 11, 2005 The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Imperial. The Invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmember's Clark, Nunez, Tran, Mayor Pro Tern Taylor, and Mayor Imperial Absent: None APPROVAL OF MINUTES: JUNE 14, 2005 - DEFERRED PRESENTATIONS: Proclamation to Soroptimists - Declaring the Month of October as "Breast Cancer Awareness Month" and November as "End Domestic Violence Month". Maureen Bateman and Tina Goratunsky thanked the Council for their support. Councilmember Clark thanked the Soroptimists for their efforts on domestic violence. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Sam Yue, 2016 Denton, San Gabriel, Asian Community Awareness Committee, thanked the Council for hosting and supporting a domestic violence workshop. II. PUBLIC HEARING A. PUBLIC HEARING REGARDING DESIGN REVIEW 03-110/ZONE VARIANCE 05-328; APPEAL UNIVERSAL BANK, 8855 E. VALLEY BOULEVARD The staff report was presented by the Planning Director, Brad Johnson. Mayor Pro Tern Taylor stated that they are short by 35 stalls. It is required that they have 396 parking stalls and they are requesting 361 stalls. He also stated that the other owner is proposing to build a new restaurant. CCMin: 10/11105 Page I of 14 • • Brad Johnson stated that they are proposing to demolish the restaurant and replace it with business shopping in the front. Mayor Pro Tem Taylor asked if the new proposal will be short of parking spaces? Mr. Johnson stated that the Planning Department looks at the entire center and yes he will need a zone variance as well. Mayor Pro Tern Taylor stated that they will both be getting the same benefits - Do you have any idea how many parking spaces lie will be short. Mr. Johnson stated that the Valley Grill has 3,600 square feet and the new proposal will be at 9,000 to 12,000 square feet, so they will probably be.24-25 spaces short. Councilmember Clark asked if that was 24-25 spaces total, between the two Mr. Johnson stated no, one will be around 24 short and the other 35 short for a total of 60 parking stalls. Councilman Tran asked if the Planning Commission approved it? Mr. Johnson stated yes. Councilman Tran stated that the Planning Commission approved this and this property has been an eyesore for years. This project will improve the City. The Mayor opened the Public Hearing for those in the audience wishing to speak for or against this item. Kevin Ennis, of Richards, Watson, Gershon, representing Eric Lee the applicant, stated that the applicant accepts the conditions and that the applicant is not adding square footage, just improvements to the building, increasing the number of parking spaces and the layout on his side of property. John Henning, representing Mr. Nguyen, stated that the pennit is being sought by one party of a shared lot. The easement does not allow for increasing the burden to his client. Having office use to restaurant use, increase in traffic, additional cars would be parking on his clients property. Applicant cannot add more spaces, wants to use 4 lane access road and convert it into 2 lanes to put in additional parking spaces. My client is the holder of the easement. Applicant has easement but not right to change existing 4-lane road to repaint to parking spaces. This may be a violation of CEQA and may have effect on environment. Not consistent with zoning and cannot convert non-conforming use to a restaurant. I urge you to grant the appeal and deny the project. Woo Lim, Cal City Construction, and representing Mr. Nguyen, passed out copies of the applicant site plan and stated that the parking count is not accurate. He stated that the applicant will be taking away 2-3 handicapped spaces. Mayor Pro Tern Taylor stated that on the site plans, the parking stalls do not add up. He asked who drew up the two exhibits? He stated there are 535 stalls and then there will be 645 new stalls. CCMin: 10/11105 Page 2of14 • • Mr. Lim stated that it was not 645 stalls, but 64.5. They will be cutting a portion of the $2.00 fabric store to gain more parking. Councilmember Clark stated that, in regards to compact parking spaces, the applicant re-striped without approval from regular spaces to 60 compact spaces. Any regulations about if a SUV parks in the compact space, will they get a ticket? Councilman Nunez asked if what Mr. Lim was stating has gone before the Planning Commission? Mr. Lim stated no. Councilman Nunez then asked why are we talking about it now? Mr. Henning stated that they were here to appeal the Planning Commission decision of August 15`h. Mr. Henning stated that the parking for their proposal results from tearing down one building and gaining parking spaces. A new building would reduce parking spaces. Mayor Imperial stated that these two proposals should be brought before the Council, because one was approved and the other has not been before the Planning Commission. Mayor Pro Tern Taylor stated that it sounds like we approve one portion of project and then in few months will hear the other portion of project. Councilwoman Clark stated that there needs to be cooperation between the two owners. If the Council approves the appeal, Eric Lee has to start all over again. Can they work out? Let's not make the decision now, give them some time to work out with both parties. Mr. Henning stated that perhaps continuance of this matter would allow their plans to go before the Planning Commission. City Attorney Peter Wallin stated that they have to process the applications within a certain amount of time, 90 days. Councilwoman Clark asked if Mr. Lee would agree to working out and to continue item. Dana Cory, Law Office of Gil Baldwin, Glendale, stated that if the Council approved the variance plan, a lawsuit will be filed. Continuance for 30-60 days would force the parties to compromise. Mr. Ennis stated that this has been a 2 year process. Parking space code requires looking at the entire project. A restaurant is a permitted use in zone. There should be no shortage of parking. The project should be looked at on its own merit, not wait for other party. He wants the City to approve application, deny appeal. Mayor Pro Tem Taylor stated that staff reviewed the application and saw a shortage of parking spaces. CCMin: 10/11105 Page 3 of 14 Mr. Johnson stated that per code, yes they were short, but Mr. Ennis is talking about the traffic analysis that was taken during peak hours, between 12-1p.m. on a Saturday. Mayor Pro Tem Taylor stated that this should be put on hold for 30-60 days and asked what liability does City have? Mr. Wallin stated that there is a permit streamlining act, but continuing the public hearing for 2 weeks would be ok. Councilmember Clark asked if the permit streamlining act is in effect and if this item went back to the Planning Commission, the parties would have to start all over again, but if the Council continues the public hearing it is ok. Mr. Wallin stated yes. Ken Pike gave a history of the center's parking and explained that the reason behind the 4-centerlanes was because of the post office. MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM TAYLOR to continue the public hearing for 2 weeks. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said Motion duly carried and so ordered. III. LEGISLATIVE RESOLUTION NO 2005-32 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2005-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $308,994.17 NUMBERED 50628 THROUGH 50760 MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER TRAN that the Council adopt Resolution No. 2005-32. Vote resulted: CCMin: 10/11/05 Page 4 of 14 Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR It was requested that items CC-A, CC-B, CC-C and CC-D be pulled CC-F - ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR CURB HOUSE NUMBERING (FY 2005-06) CC-G - APPROVAL OF ENTERTAINMENT LICENSE AND DANCE LICENSE FOR LA RUMBA RESTAURANT AND NIGHT CLUB, 8800 GARVEY AVENUE CC-H - AUTHORIZATIN FOR S.T.A.R. DEPUTIES TO ATTEND CALIFORNIA NARCOTICS OFFICERS' ASSOCIATION 41sT ANNUAL TRAINING INSTITUTE, RENO, NEVADA - NOVEMBER 12-15,2005 MOTION BY COUNCILMEMBER TRAM, SECOND BY COUNCILMEMBER NUNEZ that the Council approve items CC-F, CC-G and CC-H on the Consent Calendar. Vote resulted Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-A - RESOLUTION NO. 2005-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, FEBRUARY 7, 2006, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE VACANCY OR VACANCIES IF THE RECALL PREVAILS Brian Lewin, 9442 Ralph, stated that at the last Council Meeting it was stated that this item would be discussed tonight and that he believes that it would be a conflict of interest for the 2 councilmember's to vote tonight on the recall date. He also stated that he agrees with the recall election being held on January 10". Mr. Wallin stated that there would not be a conflict of interest. CCMin: 10/11/05 Page 5of14 Mr. Bevington challenged the wording of the ballot and that he has never seen anything like it before. City Clerk then explained the process period and the requirements by the DOJ and her recommendation for the recall election to be held on February 7, 2006. Councilmember Tran slated that because of the required 88 to 125 days to set an election, he did not see any reason to extend for another 30 days. Councilmember Tran then motioned that CC-A through CC-D be changed to January 10`h. Voted resulted: Yes: Nunez, Tran No: Clark, Imperial, Taylor Absent: None Abstain: None Councilmember Tran then requested that the election date be changed to January 17`h. Vote resulted: Yes: Nunez, Tran No: Clark, Imperial, Taylor Absent:" None Abstain: None Mayor Pro Tern Taylor then stated that he agreed with Mr. Bevington regarding the wording and the format of the petition. Councilmember Clark then motioned that the election date be called for February 7, 2006. MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMEMBER NUNEZ to approve CC-B through CC-D with the election date being approved to February 7, 2006. Vote resulted: Yes: Clark, Imperial, Nunez, Tran No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Pro Tern Taylor: Mr. Mayor, I would like the record to show that I'm not opposed to the recall, but I am opposed to the process that was used and I would like to read a statement from the last meeting. Ms. Gonzales was speaking "My name is Rosemarie Gonzales, and I'm a resident of Rosemead. I'm here to talk in favor of the recall. A lot of people say this is corruption. I am not corrupt. The other thing is that you didn't listen to us. We went before the board over at the Rosemead High School. You didn't listen to us. I walked up and down the street getting signatures and I did not lie to anyone, and I will tell you, if you think we corrupted you and we lied then you weren't really listening because we didn't try to deceive anyone.,, CCMm: 10/11/05 Page 6 of 14. E C Taylor: Mr. Johnson, I called you to verify, the name, she did not give her address. Did I call you to verify that address? Mr. Johnson stated yes, you did. Taylor: 8819 Highpine Street, LA County. Johnson: that's correct. Taylor: So she is not a ...excuse me, I want this in the record also, that according to election code section 322, electoral jurisdiction is defined, she is not in the jurisdiction she is in LA County. Section 11005 states proponents must be registered voters in the jurisdiction. Section 11045 states only registered voters of jurisdictions are qualified to circulate. Section 11046 states that circulators declaration as registered voters in the jurisdiction. Section 104 states declaration of circulator to petition under penalty of perjury. And the actual penalties that are referred to, and I have nothing against the lady circulating the petition. But, there are some other things that I am asking the City Attorney. Who do I file the complaint with, the Grand Jury, the Secretary of State, State Attorney General. Who is the appropriate person? Peter Wallin: If she is not a resident of Rosemead. She signed the declaration under penalty of perjury, in giving her address as Rosemead. Taylor: It does say, I declare under penalty of perjury..., the laws of the State of California, that this is true and correct, executed. - And we have not been able to see those petitions. Wallin: that's correct. Tran: Does that have her name on it? Taylor: That's what we are going to verify. We're going to get the courts to open up the records. Tran: Could she have walked with a Rosemead resident (others talking) Taylor: Anyway, I stated law and the issues. Wallin: If she circulated and signed.... Audience: Estelle Holtz, "Gary, this is...very well that South San Gabriel people were able to walk with the Rosemead registered voters. Taylor: No she said that she was there. Holtz: No she didn't say that. She said she walked, she didn't say.. Taylor: We are going to verify all the signatures of the circulators. CCMin: 10/11/05 Page 7 of 14 Holtz: I will check and see if she did sign that she carried that petition. Taylor: Anyway that's the reason. Holtz: South San Gabriel people could walk with them, but they didn't carry the petition and of course, they couldn't sign the petition, they had to be Rosemead registered voters. Taylor: That's fine Mrs. Holtz. We're going to open up those petitions and see all the signatures (audience cross talking). Wallin: The City Clerk has access to those. Tran: I hope that this investigation does not recall me, I hope that this request does not require any tax dollars because.. Taylor: Mr. Tran let me ask you this, at this meeting, a woman, a resident of this community stood up in this chamber and said that you had problems with an attorney, problems with a, its not what you would call.... Mayor Pro Tetm Taylor then asked if this was the format of the ballot. What else goes on it? Where does the candidate's statement go? City Clerk stated that this is only a sample of the ballot, and it wouldn't be on. Mayor Pro Tern Taylor then stated the candidate's statement needed to be on the ballot, correct? City Clerk stated that it did not need to be on the ballot, but on the sample ballot. Mayor Pro Tem Taylor then asked on the ballot where you mark yes or no, how is it separated if the person accidentally marks anywhere on the square? City Clerk stated that this is just an example, there will be a line for the candidate they wish to vote for and a line for someone to write in a candidate's name. Mayor Pro Tern Taylor then stated, so this is not the ballot. City Clerk started no, just a sample of how it could look. Councilmember Clark stated that Mr. Bevington brought up some issues and she didn't know what the problem was, but her question is, is it a law that the two councilmember's have to be separate? You have to vote each one separately and do the candidates running have to pick which recalled councilmember they want to replace? Mr. Bevington then asked where in the code does it state this? City Clerk stated that it was in the Election Code and that she could get Mr. Bevington a copy. CCMin: 10/11105 Page 8 of 14 • • Mr. Bevington stated that he has never seen a ballot like this in his 50 some years in city government. Councilmember Clark asked if the format has to be like this? Mr. Wallin stated yes. CC-A - RESOLUTION NO. 2005-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, FEBRUARY 7, 2006, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE VACANCY OR VACANCIES IF THE RECALL PREVAILS MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER TRAN that the Council approve item CC-A for calling and giving notice of a Special Meeting for Tuesday, February 7, 2006. Voted resulted: Yes: Clark, Imperial, Nunez, Tran No: Taylor Absent: None Abstain: None Mayor Pro Tem Taylor requested that this section be verbatim because he believes that there was election fraud. The Mayor declared said motion duly carried and so ordered. CC-E - RESOLUTION NO. 2005-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO COMMUNITY DEVELOPMENT COMMISSION PAYMENT OF COSTS ASSOCIATED WITH THE INSTALLATION OF TRAFFIC SIGNAL IMPROVMENTS AT DEL MAR AVENUE/HIGHCLIFF STREET AND DEL MAR AVENUE/GRAVES AVENUE MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY MAYOR IMPERIAL that the Council approve item CC-E on the Consent Calendar. 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: 10/11/05 Page 9of14 • V. MATTERS FOR DISCUSSION AND ACTION. A. CONSIDERATION OF THIRD AMENDEMENT TO CONSOLIDATED DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED RECYCLING YEAR ROUND BULKY ITEM PICKUP This item was continued at the study session held prior to the City Council meeting, for 2 weeks for additional information. Brian Lewin, 9442 Ralph Street, stated that shelving was dumped at the neighbors, he called City Hall on Wednesday, and was told that it would be picked up on Friday. It is still there today. CDS is not doing their job. They need to answer questions and provide better service'. Gilbert Almanzan, 2517 Evelyn Avenue, stated that there was loose trash on the street for weeks. Juan Nunez, stated that the trash cans are too full. Councilmember Clark stated that the Council spent almost two hours discussing this, and that it was deferred for two weeks. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. LAW ENFORCEMENT SERVICE AUGMENTATION REQUEST Alejandro Gandara, stated that residents are not informed of crimes in neighborhood, stated that a girl reported that there were a lot of stolen cars on her street and that the neighbors are not aware of what is going on. He also stated that at the last meeting, that there was gossip from a woman regarding Councilman Tran. Hypocrisy - pray they speak gossips. Councilmember Clark stated that Mr. Gandara said it was gossip as though it was not true. This item was brought up by Ms. Hall regarding a bench warrant. Mayor Pro Terri Taylor stated that this issue was cleared up. It was not an arrest warrant or bench. warrant, but a failure to appear. Mr. Gandara stated see, itis gossip. Councilmember Clark stated no, it was public record. Mayor Pro Tern Taylor stated that the document was given to the Council five minutes before the last meeting and since it was 18 pages long, he did not have a chance to read it. He also stated that he gave the City Manager his copy for review. He asked if anyone else saw the document. CCMin: 10/11105 Page 10 of 14 Mr. Crowe stated that he assumed that the Council got individual copies. Mayor Pro Tem Taylor asked after he gave him his copy, who reviewed it? Mr. Crowe stated that he reviewed it and that he believes the City Attorney also looked at it. Mayor Pro Tern Taylor asked if he read it? Mr. Crowe stated yes. Mayor Pro Tem Taylor asked if he read what the defaulter stated? Mr. Crowe stated yes. Mayor Pro Tern Taylor then stated that this is an order by ajudge for Councilmember Tran to be brought immediately before court. This is a legal document. He did not know if this has been corrected. Mr. Crowe then stated that this item was being brought up at the request of Mayor Pro Tent Taylor regarding what benefit it would be to increase Sheriff's services. He also stated that staff was not recommending this action, but if the Council wishes they can take Lt. Wallace recommendation of increasing 4-40 hour cars to 4-56 hour cars. Mayor Pro Tem Taylor stated that he had received many complaints of response time of Sheriffs response. Residents are entitled to feel secure and that we need more patrol cars on our streets. Mr. Crowe stated that response times are within standards. Captain Shaw stated that the response times are good, and there are no huge spikes of crime in City. Mayor Pro Tern Taylor stated that the report on activity counts, as well as, how to get Deputies' assigned to high activity areas. There is a heavy increase at noon and I p.m. Captain Shaw stated that there are more cars on road and more tickets being written. Most successful programs have to have community involvement. People have to empower themselves. Mayor Pro Tem Taylor stated that if we approve Lt. Wallace's recommendation of changing 40 hour cars to be 56 hours, where would we put them. Captain Shaw stated that he will have to look at where to deploy them. Councilmember Nunez stated that if adding two officers, how best should we use them. He stated that some of the money could be spent on gang prevention, awareness of neighborhood watch program, etc. We need to improve services, graffiti, and vandalism. We need an analysis to ascertain where to spend money and how to involved community more. CCMin: 10/11105 Page 1 I of 14 • Councilmember Tran stated that the Council needs a comprehensive analysis. Mayor Pro Tern Taylor stated that it would be impossible for the Sheriffs Department to be everywhere. More visibility will help. Captain Shaw can determine where best to place the deputies. By changing 4- 40 hour cars to 56 hour cars the City would increase patrol by 64 hours. Councilmember Nunez stated that Captain Shaw needs to meet with Council to determine what the needs are. Mayor Pro Tern Taylor stated that Councilmember Nunez has been here 6 months now, and has he talked to Lt. Wallace. Councilmember Nunez stated yes. Mayor Pro Tern Taylor asked what did he ask Lt. Wallace? Councilmember Nunez stated that he asked what the cost would be. He also stated that he was trying to get a compromise of patrol service and looking into other programs. Mayor Imperial stated that we already have a good neighborhood watch program. Captain Shaw stated that he would meet with Council, but needed a budget to work with. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council approve to extend 4 cars at 40 hours to 56 hours for remaining fiscal year and have Captain Shaw and Sheriffs determine how to deploy the additional hours. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. COUNCILMEMBER REQUEST TO RETAIN AN INDEPENDENT CEQA ATTORNEY TO REVIEW ROSEMEAD COMMERICAL RETAIL CENTER EIR- REVISED ALTERNATIVE SITE ANALYSIS Councilmember Tran stated that he felt that it would be appropriate to have a different/independent specialist look at EIR Mayor Pro Tern Taylor stated: "You have five more weeks that your attorney with their eyes can write and get into the public hearing. You've got five weeks and I would say just get them busy. But, I make the motion that we just deny the request." CCMin: 10/11/05 Page 12 of 14 0 MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK to deny request. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Mayor Pro Tern Taylor stated that at the last meeting he requested the City Manager to send a letter to New York, New York Hotel and asked if it had been done. Donald Wagner stated that we had a draft letter and it will go out tomorrow. Mayor Pro Tern Taylor requested a copy of the letter. Councilmember Tran asked if the matter had been resolved. Mayor Pro Tern Taylor wanted to know if the traffic signal at Angelus and Rush was going to be on the next Traffic Commission meeting. Donald Wagner stated yes. Mayor Pro Tem Taylor stated that the information on the EIR standards was 2 cars short. Mayor Pro Tern Taylor also asked if the March I - July 30`h expenses that Ms. Murphy had requested been done? Donald Wagner stated that they were working on it. Mr. Crowe stated that we are running it through October. Councilmember Tran asked for a copy when finished. Councilmember Clark wanted the record to show that she had nothing to do with the request regarding Councilman Tran's child support at the last meeting and since she was personally attacked tonight, she wanted to have this item be verbatim. . VII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None CCM in: 10/11105 Page 13 of 14 IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned. The next regular meeting will be held on Tuesday, October 25, 2005 Resp tively submitted: Lk~m City Clerk APPR E MAYOR CCMin: 10/11/05 Page 14 of 14 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the minutes from October 11, 2005 were duly and regularly approved and adopted by the Rosemead City Council on the 13th of June 2006, by the following vote to wit: Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN No: NONE Absent: NONE Abstain: NONE Nina Castruita Secretary