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CC - 09-23-03CITY OF EOSEIV3 DAT MINUTES OF THE REGULAR MEETING n ROSEMEAD CITY COUNCIL SEPTEMBER 23, 2003 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez 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 Vasquez The Invocation was delivered by Mayor Pro Tern Margaret Clark ROLL CALL OF OFFICERS: Present: Councilmembers Alarcon, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: OCTOBER 22, 2002 - REGULAR MEETING Councilman Taylor requested that the aforementioned Minutes be deferred to the next meeting and that he be provided with a copy of the tape from that meeting. There being no objection, the Minutes were deferred. APPROVAL OF MINUTES: JUNE 3, 2003 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Minutes of June 3, 2003, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: The Council presented a proclamation to the Los Angeles County Fire Department declaring the month of October as Fire Prevention Month. ORAL COMMUNICATIONS FROM THE AUDIENCE CCMIN:9-23-03 Page # I Nhung Truong, from the office of Congresswoman Hilda Solis, introduced herself and stated that she looks forward to working with the City. Juan Nunez, 2704 Del Mar, Rosemead, provided Council with list of yard sales addresses in his area that continually hold sales. Mr. Nunez stated that the yard sales seem to be run more as a business than as a yard sale. Mr. Nunez complained that there is no compliance with removing the yard sale signs once the yard sale is over. Don Wagner, Assistant City Manager, stated that the list will be give to Code Enforcement to check against their log of permits. Councilman Taylor read from the list a number of same addresses that had frequent yard sales and requested that staff look into the status of those addresses and report back to Council. Councilman Taylor recommended that Mr. Nunez continue to call Mr. Wagner whenever he observes any violations. Mr. Nunez questioned that re-building of the bridge on Garvey Avenue and Rio Hondo. Mr. Nunez stated that there already exists two lanes each way and that the sidewalk does not need widening as there is little pedestrian traffic. Councilman Taylor stated that the bridge is approximately 70 years old and that federal money and gas tax money is available. Mr. Nunez reported that the trees planted at the south end of the Garvey Community Center outside of the parking lot are dying. H. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER RECOMMENDED PROGRAM EXPENDITURES OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) GRANTS FUNDS Donald Wagner, Assistant 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. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM CLARK that the Council approve the appropriation of Citizen's Option for Public Safety (COPS) funds per the recommendations contained in the Sheriff's Department report. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None CCMIN:9-23-03 Page #2 a • Abstain: None The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING - RESOLUTION NO. 2003-33 - CERTIFICATE OF COMPLIANCE WITH THE LOS ANGELES CONGESTION MANAGEMENT PLAN Don Wagner, Assistant 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. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN ALARCON that the Council adopt Resolution No. 2003-33. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. HI. LEGISLATIVE A. RESOLUTION NO. 2003-34 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2003-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,552,304.28 NUMBERED 42532 THROUGH 42883 MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Resolution No. 2003-34. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:9-23-03 Page #3 • • B. ORDINANCE NO. 826 - AMENDING VARIOUS SECTIONS OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO SECOND UNITS IN COMPLIANCE WITH STATE ASSEMBLY BILL 1866 The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO SECOND UNITS IN COMPLIANCE WITH STATE ASSEMBLY BILL 1866 MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Ordinance No. 826. Vote resulted: Yes: Alarc6n, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he voted No because this ordinance would destroy R-1 residences throughout California. Mr. Taylor continued that this changes the integrity of the R-1 zones, which, in most cases, did not allow second units to be built on 6,000 square foot lots. Now, with a 7,000 square foot lot, a second unit that meets the setback requirements can be built and rented out to anyone they want. Mr. Taylor pointed out that the State is trying to do away with the current requirement of one enclosed car space per bedroom. This will result in more cars parked on the streets. Councilman Taylor concluded that he cannot accept the downgrading of the R-1 residences. Mayor Pro Tern Clark clarified that the State has already imposed this law on cities that prohibits discretionary review and hearings for second dwelling unit applications. Mrs. Clark stated that the purpose of tonight's ordinance is to insert as much control as we can over the second units that do not meet City standards. Mrs. Clark concluded that Rosemead opposed this bill, it was not our choice, and that the City is trying to make the best situation out of what the State is imposing on us. Councilman Imperial stated that he agreed with Mayor Pro Tern Clark and that the ordinance will make some corrections to the second dwelling unit requirements. CCMIN:9-23-03 Page #4 • • IV. CONSENT CALENDAR (Item CC-H and CC-K were removed for discussion purposes) CC-A CONSIDERATION OF REQUEST FROM CONSOLIDATED DISPOSAL SERVICES (CDS) FOR ANNUAL ADJUSTMENT OF RESIDENTIAL AND COMMERCIAL RATES CC-B REQUEST FOR "KEEP CLEAR" PAVEMENT MARKINGS AT HELLMAN AVENUE AND ROCKHOLD AVENUE CC-C REQUEST FOR THE INSTALLATION OF PARKING RESTRICTIONS ON MISSION DRIVE NEAR CLAUDIA AVENUE CC-D REQUEST FOR REVISIONS IN PARKING RESTRICTIONS ON ANGELUS AVENUE AT ELDRIDGE RICE SCHOOL CC-E AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY FROM ERIC OZUNA CC-F AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES 80TH CONGRESS OF CITIES AND EXPOSITION, DECEMBER 9-13,2003, NASHVILLE, TENNESSEE CC-G AUTHORIZATION TO ATTEND 23RD ANNUAL CALIFORNIA CONTRACT CITIES ASSOCIATION FALL SEMINAR, OCTOBER 3-5, MORRO BAY, CALIFORNIA CC-I REJECTION OF BID AND AUTHORIZATION TO RE-ADVERTISE FOR PARK ADA AND BALLFIELD LIGHTING IMPROVEMENTS CC-J APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26776, 3323-3327 MUSCATEL AVENUE MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN ALARCON that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. CCMIN:9-23-03 Page #5 CC-H CONSIDERATION OF DANCE AND ENTERTAINMENT PERMIT, MAYUMBA RESTAURANT, 3514 ROSEMEAD BOULEVARD Councilman Taylor stated that he intends to vote No on this item because the restaurant is within 100 feet of a residential area and that the hours of operation are not compatible with that area. Mr. Taylor wished the owners success, but hopes that the potential problems do not arise with the dancing and entertainment portion of it. Mayor Pro Tern Clark asked what are they allowed to do now. Donald Wagner, Assistant City Manager, replied that they were given tentative approval for a three-piece instrumental group. Mr. Wagner stated that this permit was carefully considered and that the restaurant's location should not impact the neighborhood. Fernando Galan, owner of Mayumba, stated that their intention is to bring a nice family restaurant to Rosemead. Mr. Galan stated that Mayumba is not a nightclub, but a restaurant providing entertainment from Thursday to Sunday nights. Mr. Galan stated that he does not foresee this being a problem for the community and that they have agreed to all of the conditions. Manual Miller, attorney for Mayumba Restaurant, stated that they are willing to comply with any situation or problem that should occur in the future. Mr. Miller continued that the noise level is not a problem, they have security on the premises, and that they will continue to work with the City regarding any future compliance concerns. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN ALARCON that the Council grant the Dance & Entertainment permit to the Mayumba Cuban Restaurant, 3514 Rosemead Boulevard contingent upon the conditions. Vote resulted: Yes: Alarcon, Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he voted No because of his concern with the dancing, music and alcohol consumption during the evening hours up to midnight and with how the patrons will conduct themselves upon leaving. Juan Nunez, 2702 Del Mar, Rosemead, pointed out that it is not the noise level that is a concern, but how the customer are behaving when they leave at midnight. Ken Pike, 1920 Steele Street, Rosemead, stated that anyone living in the apartments near the restaurant will have their doors and windows closed because of the close proximity to the freeway and the noise from all the trucks driving on it and the train going down the middle of it. CCMIN:9-23-03 Page g6 • • CC-K CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND APPLIED PLANNING INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A PROPOSED 22 ACRE COMMERCIAL DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF WALNUT GROVE AVENUE AND RUSH STREET Brad Johnson, Planning Director, presented the staff report. Lawrence Bevington, 8372 Rush Street, Rosemead, warned of the negative impact that a Wal-Mart would have on a City if allowed to operate outside the normal controls of the State, such as is the case with the City of Inglewood. Mr. Bevington stated that he was informed that there were no new applications filed by Wal-Mart. Mr. Bevington continued that if Wal-Mart has not filed any applications, then the Council should not vote on nor consider a proposal on an undefined project. Continuing, the EIR proposal could possibly cost considerably more than $138,000 as defined on Allied Planning's budget sheet. Mr. Bevington stated that he is concerned that Allied Planning has been involved with several Wal-Mart projects, and that there exists a close relationship between the consultant and Wal-Mart. Mr. Bevington noted that the proposal does not contain any mention of a Wal-Mart Proposal, General Plan Amendment, Zoning Amendment, Environmental documents, or C.U.P.'s. The proposal was written without including the process necessary to move this project ahead. Mr. Bevington stated that the Council would be ill-advised to accept this proposal until the consultant has looked at their proposal very carefully, and that staff has determined that Allied Planning and Wal-Mart are not tied too closely together to prevent the formation of an independent analysis. In conclusion, the project does not belong in a residential neighborhood. Councilman Taylor asked if Mr. Bevington's implications that staff is not following procedure is correct and what is the time frame of an Environmental Impact Report. Mr. Johnson replied that an E.I.R. can be prepared after an application has been filed. Mr. Johnson continued that there are six different applications that are a part of this development process. Four of those were submitted approximately one year ago, the final two came in today after Mr. Bevington's representatives talked with staff. Mr. Johnson stated that all the final applications are in and filed and they should be deemed complete within a day or two and then the environmental process can start. Robert Kress, City Attorney, clarified that the E.I.R. process is not going to start immediately, that the decision tonight is to engage a consultant. Mr. Bevington asked if the consultant has seen all the applications. Mr. Johnson replied that the consultant has not seen Rosemead's application, but the consultant has worked on similar projects and is aware of what the issues are on a project of this magnitude. CCMIN:9-23-03 Page n7 Mr. Bevington replied that most Wal-Mart stores are along the freeways or in commercial areas and that this is not just another Wal-Mart project. Councilman Taylor stated that since the City has received the six applications, the consultant can now begin to work on the E.I.R. Mr. Bevington replied that the consultant should not start until they've seen all applications and know exactly what needs to be done. This item should not be before the Council until staff knew what the consultant will be proposing on every one of those applications. Mr. Bevington concluded that the timing is wrong and questionable. Councilman Alarc6n confirmed that when the report comes back, the engineers will review it thoroughly. Mr. Johnson agreed and added that the 45-day notice of availability of the E.I.R. for public review will be published, with staff responding to any comments before the final E.I.R. is created. Lucy Vasio, 8743 De Adalena, Rosemead, stated that her father is a resident of Whittier Greens and that she is also a long-time resident of Rosemead. Ms. Vasio stated that she is concerned about the amount of traffic on the major streets in Rosemead and that she is concerned for her father and other residents in the area. Ms. Vasio stated that Walnut Grove is not as congested as the other streets and that the area around there is a completely residential area and would like it to remain that way. Ms. Vasio stated that Wal-Mart discriminates against women and pressures their employees to not unionize. Councilman Imperial asked Ms. Vasio is she every worked for Wal-Mart. Ms. Vasio replied that she has not, but that she is a member ofUFCW Local 1428. Ms. Vasio asked the Council to consider their concerns and to do something else with that property. Helen Gunther, 3654 Dubonnet, Rosemead, stated that she has lived in Rosemead all of her life (76 years) and is 100% in favor of Wal-Mart. Ms. Gunther continued that traffic is congested all over the City and State. Ms. Gunther concluded that everyone she has talked to in the City is in favor of having a Wal-Mart. Juan Nunez, 2702 Del Mar, Rosemead, asked who will be paying for the freeway sign directing customers to Wal-Mart. Mr. Nunez asked what liability will the City have allowing Wal-Mart to build on an earthquake fault. Robert Bruesch, 7500 Wilmar Place, Rosemead, asked if a zone change, General Plan amendment or C.U.P. is needed for Wal-Mart. Mr. Johnson replied affirmative. CCMIN:9-23-03 Page 98 Mr. Bruesch replied that the majority of people use their cars rather than public transit. Mr. Bruesch stated the traffic problem is not because Wal-Mart may be built in Rosemead, that congestion is caused by single occupancy cars that we all use. Mr. Bruesch agreed that there is a traffic problem on Walnut Grove, one being Edison employees speeding down Walnut Grove to get to work. Mr. Bruesch continued that there are two census tracts in that area with high unemployment and that jobs are needed. Mr. Bruesch stated that an independent contractor should do the E.I.R. Mr. Bruesch stated that he has heard from people that are opposing Wal- Mart that they do not want that "element" shopping in their neighborhood. His family and seniors shop at Wal-Mart. Ken Pike, 1920 Steele Street, Rosemead, stated that that entire area has been zoned commercial ever since SCE was built. That area was commercial when all the homes were built. Mr. Pike pointed out that people living in that area have to drive miles away to go shopping, With Wal-Mart it will be just a 5 minute drive. Mr. Pike, addressing the traffic concerns, stated that the school near the proposed Wal-Mart will have a crossing guard, and Edison employees come and go at set times, that people will speed everywhere and speeders along Walnut Grove can be ticketed by the Sheriffs. Mr. Pike pointed out that Wal-Mart supports many youth groups and is involved in the community. Mr. Pike stated that Wal-Mart employees must be satisfied as the Unions have not been able to be voted in. Councilman Imperial stated that there is traffic congestion all over Los Angeles County. Mr. Imperial stated that should Wal-Mart be built, any traffic congestion problems will be closely monitored. Mr. Imperial stated that he is offended by having Wal-Mart shoppers called an "undesirable element" as was mentioned previously. People do not have a place to shop in Rosemead and to set the Union aside and do what is best for the City and its residents. MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM CLARK that the Council approve the proposal and authorize the City to contract for the services under the City's standard form consulting agreement. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING A REWARD FOR INFORMATION LEADING TO THE APPREHENSION AND CONVICTION OF THE FUGITIVE WANTED FOR THE MURDER OF LOS ANGELES COUNTY SHERIFF'S DEPUTY DAVID MARCH CCMIN:9-23-03 Page n9 Mayor Vasquez stated that he requested that this item be placed on the agenda. Mayor Vasquez reported that Deputy March's widow, with the support of the Sheriff's Department has requested that a reward be offered to encourage anyone with information about the fugitive's whereabouts to come forward. The Los Angeles County Board of Supervisors has approved a reward of up to $10,000 each for information leading to the arrest and conviction of the fugitive and Governor Davis has offered a reward of up to $100,000 for information leading to the arrest the conviction. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN IMPERIAL that the Council adopt the draft resolution and direct staff to earmark funds from appropriated reserves. Vote resulted: Yes: Alarcon, Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Juan Nunez, 2704 Del Mar, Rosemead, stated that Mexico will not extradite criminals if they will face capital punishment in the United States. Mayor Pro Tem Clark stated that that is the reason why the Council is doing this because Mexico will not cooperate, hence the reason for the reward. Councilman Taylor stated that four people were killed about 5 years ago on Walnut Grove and it took several years to capture them. Mr. Taylor continued that he felt that the reward was one of the reasons that someone to come forward, and people have an obligation to society. Mr. Taylor stated that sometimes an offer of money is needed to entice people to come forward. Mr. Nunez questioned if the Mexican authorities are looking for these types of fugitives. Mayor Pro Tern Clark challenged anyone in the audience to write letters to our Government and President to renegotiate the treaty with Mexico which currently allows them not to extradite criminals that committed crimes that carry a death penalty or a life imprisonment sentence. Mrs. Clark stated that this is an outrage, and that the National League of Cities and the California League of Cities have passed resolutions asking for revamping of that treaty. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE CCMIN:9-23-03 Page # 10 Lou Zwick, 8737 Zerelda, Rosemead, stated that the new owners of the Ralphs Market property are considering selling that property to house another market. Mr. Zwick continued that in all likelihood, the new market would be an asian market. Mr. Zwick added that he welcomes the diversity in the community, but that Ralphs Market is the only non-asian market in the area. Mr. Zwick asked the Council to consider this situation and to provide non-asian consumers an opportunity shop for their food, especially north of the 10 freeway. Fred Herrera, 3879 N. Delta Avenue, Rosemead, stated that he welcomes the opportunity to see the pros and cons from the community on the Wal-Mart project. Mr. Herrera that the proposed Wal-Mart will have an impact on the community, but he is looking forward to having a Wal- Mart in Rosemead. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:30 p.m. The next regular meeting will be held on Tuesday, October 14, 2003, at 8:00 p.m. Respectfully submitted: APPROVED: D e City Clerk CCMIN:9-23-03 Page #I I