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CC - Item 3B - Minutes 09-12-06• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL September 12, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:00 pm 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 Pastor Frank Contreras, Open Bible Church ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and Mayor Taylor Absent: None COMMENTS FROM THE CITY ATTORNEY (Verbatim) "I wanted to update both the audience and the City Council on the present status of pending litigation regarding the Wa1Mart development. Today, it was scheduled for today, a hearing on Garvey School District's lawsuit to challenge the Council's approval of Wa1Mart. The Court on its own motion continued that until the 215" and the Garvey School district called this morning, or their attorney called, and indicated that he would be going into court tomorrow to seek a temporary restraining order in hopes of enjoining the opening of the store until the September 2151 hearing. So we will be in court tomorrow and the 2151 in response to that motion for the injunction. The Wa1Mart development is close to being completed. Having completed everything we need to obtain a certificate of occupancy; however, they probably won't be eligible to get one at least before Thursday, but we do anticipate that everything will be completed and they will be entitled to a certificate of occupancy by the end of the week and before the 2151. If that is true, if they do complete all that stuff, the certificate of occupancy will be issued and they will be able to open by the end of the week." "There is nothing on tonight's agenda involving the WalMart or its opening. Any member of the Council, if the Council wants to discuss this or give instruction to staff or anything like that, it will require four votes to put it on as an urgency item. Other than that it is not a matter to be considered by the Council tonight." PUBLIC COMMENT FROM THE AUDIENCE Marissa Castro-Salvati, Southern California Edison Local Public Affairs Region Manager, introduced herself as the new representative for Rosemead and gave her background information. CCMIN: 9-12-06 Page I 0 0 Christine Otero, Coalition for Smoke Free Rosemead Parks, presented the Council with a certificate of appreciation At the request of Ms. Navarro the following section is VERBATIM: V. A. Navarro: Thank you. I have several questions that I would like the Mayor and Mr. Imperial to answer, since you have advocated having Wal-Mart in our community. I would like to know how soon will Wal-Mart open? I got the date here that you said on the 21; I heard that it will be opened tomorrow. Mayor: I understand that they will try to open tomorrow and I don't know any more than that. City Attorney: I just reported on that, did you hear me? V. A. Navarro: Yes, I said September the 21st. City Attorney: I said, it will be towards the end of this week. V. A. Navarro: Yeah, I heard that they will open on the 131h. City Attorney: That isn't... V.A. Navarro: Ok. The next question is my understanding was that Rice Elementary School was going to have a sound wall and trees surround them to help eliminate the pollution that Wal-Mart will create for our children there and as yet I haven't seen one there. And I would like to know when Wal-Mart will put it. Wal-Mart is ready to open and Rice Elementary School is opened already. Our kids don't mean anything to Wal- Mart or to you two gentlemen? Mayor: Alright, I don't have the answer. Mr. Johnson, was that wall ever in the plan or proposed to be there? Mr. Johnson: There was never a wall proposal around the school in the plan. No. V. A. Navarro: That was my understanding at the meeting in Rosemead that.. City Attorney: The sound wall that wraps around the north side, is a sound wall that prevents sound from the ...truck loading operations. V. A. Navarro: Right, I can see that and I understand that. But my understanding was that Rice Elementary School is going to get a wall and trees and since Wal-Mart put their supermart there and the Mayor and Imperial passed this to be there, I think you two should be responsible and make sure that the children are safe and they have their green trees there to help subside the pollution that will be there. And then, you know, I am really impressed with the. I have lived in Rosemead for like 33, 34 years. I am really CCMIN: 9-12-06 Page 2 • • impressed with the great improvements that you two Councilmembers have passed. Between you two, it is approximately 58, 60 years of services to our city. And there's is a lot of replacements of businesses that have been put, like, Montgomery Ward; we have Target. I really haven't seen very many new things that have gone up other than to replace one business for another. So I guess if that is progress in Rosemead that you gentlemen passed. Then I am happy for you two. Mayor: Alright. V. A. Navarro: O. K. Next, I would like to know as soon as Wal-Mart is open, how soon will the city know how much revenue has Wal-Mart put into our city not to anyone's pocket. Mayor: We won't know until they have their it's based on annual sales. We won't know for that for a year. V. A. Navarro: O.K., and there is on at Rush and Walnut Grove, caddy corner from the, I am not too certain about the name of the bank that's there. There is a little empty lot that you have left us for maybe a park for the kids, area for the seniors to walk. What do you propose to do there? Mayor: That's owned by the Edison Corporation and we are not involved with that. V. A. Navarro: You are not involved with that, huh? O.K. So is there any future plans for land for may be available for Rosemead that will be put up for parks, senior citizen recreation, a new police station. Since Wal-Mart is going to come in, we should be able, possibly after a year, we should be able to have our own police station. Mayor: Excuse me, have you been down on Garvey and seen the new sheriff's annex that was... V. A. Navarro: No, I have not been out there. Mayor: Maybe you should go down, because it is very nice building and the Temple City Sheriff Station uses that to service Rosemead. So you.. V. A. Navarro: Is that the little substation that you are referring to? Mayor: Yes. V. A. Navarro: I have seen it for years, I just don't Mayor: No, no, it just opened a month ago. V. A. Navarro: Oh, It just opened? Then I apologize for that one CCMIN: 9-12-06 Page 3 0 0 Mayor: You should go down and look at it. Councilmember Imperial: (Inaudible) V.A. Navarro: Pardon? Councilmember Imperial: It is Zappopan Center that we're talking about and it has been reconverted, and it is very nice building. V. A. Navarro: Oh ok. I should go visit tomorrow. Anyway, ironically, I see you two gentlemen you made Rosemead an unhealthy poor city and that is really sad; really sad. Mayor: Al right. ..thank you for your comments. END VERBATIM SECTION Dr. Lillian Sacco, residing at 3220 Walnut Grove Avenue, addressed Councilmember Clark as the last member standing from a Council that voted to let Wa1Mart come in to Rosemead. Mayor Taylor reminded Councilmember Clark that he faced the same accusations 32 years before and he was still on Council. Holly Knapp, residing at 8367 E. Whitmore Street, gave appreciation to Parks & Recreation for their support of "People for People" at the senior center. Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, spoke about the Council's obligation to protect Rosemead residents. Ms. Shinen's concern is dealing with the barrier intended to minimize construction noise from the WalMart site. Fred Herrera, residing at 3879 N. Delta Avenue, believes that the majority of Rosemead residents support the WalMart project and thanks the Council for bringing it into the City and doing what is best for the community. He would like to move beyond this issue and allow the community to start its healing process. Juan Nunez, residing at 2702 Del Mar Avenue, would like to remind the Council that no matter what the upcoming election results show they should not feel that an increase in salary or pensions should take place. David Zavala, investor in Casa Latina, was called to speak, but lie asked to speak later on in the Agenda during discussion about Casa Latina. Alejandro Gandara, Rosemead resident, addressed illegal prayer at the opening of the meeting. He attends meetings for the business of the City and not for a church service. Sectarian prayer is illegal and would like it taken care of. City Attorney Wallin assured Mr. Gandara that the ministers involved in the invocation process are made aware of what the law allows. CCMIN: 9-12-06 Page 4 0 • Linda Lu, residing at 8437 Marshall, (asked Mr. Mark Ostioch from the audience to read her letter into the record requesting a stop sign.) The neighborhood problem is being caused by speeding cars in their residential area. The stop sign is being requested on Marshall. Jim Flournoy, Rosemead resident, addressed a Public Records Act request for a copy of a report regarding fault zones has not been provided to him. A Seismic Hazard Mapping Act report was also asked for and not provided. He indicated that both reports must be provided so that their reviewers have time to look them over. Mayor Taylor addressed Mrs. Shinen's comments from earlier by informing that he had written a letter to Assembly member Judy Chu regarding the WalMart block wall. He read a portion of the letter which said "to help mitigate noise emanating from the site during construction Wa1Mart erected a temporary 14 foot high padded noise blanket along Delta Avenue adjacent to the closest homes in the area. This special padded fence was not originally required by the seal or the conditions of approval or the monitoring mitigation plan yet Wa1Mart erected the fence as soon as construction began. This temporary sound wall has now been replaced with a permanent masonry structure designated to mitigate noise emanating from the site. The structure consists of the back of the WalMart building which is 25 feet high and two 14 foot high screen walls that extend around on both sides to muffle noise from the truck docks. Going further, at the November 24, 2003 scoping meeting on page 72 meeting minutes which states there will be a 30 foot wide landscaped area at the west side of the building. There is also a site plan dated April the 14, 2004 drawn up after the scoping meeting showing the entire west side of the building and the wing walls at the north and south ends of the building. All walls on the west side of the building are in a 32 foot alignment from the west property lines. On August the 5, 2004 Los Angeles County Supervisor Gloria Molina conducted a meeting in Rosemead and a slide presentation presented by the City staff showed all structural walls in alignment and a 32 foot landscaped area. The same slide presentation shown at Supervisor Molina's meeting was shown at the public hearing for the Planning Commission on August 16, 2004 and the City Council hearing on September 7, 2004. The referendum petitions circulated by Save Our Community against WalMart during the springtime of 2005 shows the site plan dated July 24, 2004 with the 32 foot setback of the entire west side, the block walls. There's no documentation that the wall was ever to be back there and Mr. Johnson is correct there was never the intent because all documents begin with the scoping meeting three years ago didn't show it." Mrs. Shinen and Mayor Taylor went on to discuss photos and video that each claim to have on the WalMart site throughout the construction project. Ken Pike, residing at 9220 Steele Street, objects to the expense the City is being put through. Councilmember Clark requests the City Engineer to give a report on the boring. City Engineer indicated that the geotechnical investigation reports do not fall under the realm of his responsibility or expertise. He stated that numerous reports were prepared CCM IN: 9-12-06 Page 5 0 0 and reviewed and then forwarded to the state's geologist's office. Southern California Edison is who monitors these reports. 2. CONSENT CALENDAR The following routine items were put forth before the City Council. A. Resolution No. 2006-23 Claims and Demands Recommendation: Adopt Resolution No. 2006-23, for payment of City expenditures in the amount of $1,629,704.19 demands 54292 through 54515. Motion by Councilmember Tran, second by Mayor Pro-Tern Nunez that the Council approve the Claims and Demands. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. B. Minutes Mayor Taylor requests that the minutes be considered separately for minor correction recommendations. July 12, 2005 - Regular Meeting Juan Nunez, residing at 2702 Del Mar Avenue, wanted the July 12, 2005 minutes show that he is opposed to the funding of Item CC-B. Motion by Councilmember Tran, second by Mayor Pro-Tem Nunez that the Council approve the Minutes of July 12, 2005. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. December 16, 2005 - Special Meeting Motion by Councilmember Tran, second by Mayor Pro-Tem Nunez that the Council approve the Minutes of December 16, 2005. Vote resulted: CCMIN: 9-12-06 Page 6 • • Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. February 14, 2006 - Regular Meeting February 28, 2006 - Regular Meeting April 25, 2006 - Regular Meeting June 6, 2006 - Special Meeting Motion by Councilmember Tran, second by Mayor Pro-Tem Nunez that the Council approve the Minutes of February 14, 2006, February 28, 2006, April 25, 2006, and June 6, 2006. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. March 28, 2006 - Regular Meeting Councilmember Clark had minor change recommendations to page 11. Motion by Mayor Pro Tern Nunez, second by Councilmember Tran that the Council approve the Minutes of March 28, 2006 with the recommended changes by Councilmember Clark. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran, No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. June 27, 2006 - Regular Meeting Mayor Taylor clarified that his errata notes dated July 11, 2006 were misdated and included five sentences worth of verbatim notes for the June 27, 2006 minutes. He asked that the changes be applied to the appropriate dates and incorporated into the minutes. Mayor Pro Tern Nunez stated for the record that his no vote was due to a flawed procedure when handling minutes. CCM1N: 9-12-06 Page 7 0 0 Motion by Mayor Taylor, second by Councilmember Clark that the Council approve the Minutes of June 27, 2006. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. C. Minutes with Errata Motion by Mayor Pro Tern Nunez, second by Councilmember Tran that the minutes of September 27, 2005, December 5, 2005 and July 11, 2006 be accepted as the City Clerk submitted. Vote resulted: Yes: Nunez, Tran No: Clark, Imperial, Taylor Absent: None Abstain: None Mayor Taylor declared said motion defeated. July 11, 2006 - Regular Meeting Mayor Taylor requested that the five sentences from his errata sheets be inserted into the minutes for documentation of receiving twenty-seven 8 x 10 photographs the evening of the Council meeting. Motion by Mayor Taylor, second by Councilmember Clark that the Council approve the Minutes of July 11, 2006 with the recommended add in of errata sheet changes. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. September 27, 2005 - Regular Meeting Mayor Taylor requested that verbatim comments be incorporated into the minutes and one minor change be made. CCMIN: 9-12-06 Page 8 Motion by Mayor Taylor, second by Councilmember Imperial that the Council approve the Minutes of September 27, 2005 with the recommended changes as the errata sheets are presented and to be incorporated into the minutes. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered Mayor Taylor asked that the record show at this meeting that the word "we're" in the September 27, 2005 minutes should actually be the word "they're." Mayor Pro Tern Nunez asked that the record show that he is deeply troubled with the procedure they are taking to approve the minutes. Councilmember Tran wanted the record to show that he echoes Mayor Pro Tern Nunez's comments that the minute approval process is flawed. December 5, 2005 - Special Meeting Mayor Taylor requested that the errata minutes be incorporated into the staff minutes for continuity. Motion by Mayor Taylor, second by Councilmember Imperial that the Council approve the Minutes of December 5, 2005 with the errata sheets incorporated into the City Clerk's minutes. Vote resulted: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. Mayor Pro Tern Nunez and Councilmember Tran wanted the record to show that they are objecting and opposed to the procedure for approving minutes. D. Resolution No. 2006-24 - Nominating Councilmember Clark to Represent Cities Without Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority The Resolution nominates Councilmember Margaret Clark to another term on the San Gabriel Basin Water Quality Authority Board. Councilmember Clark has been a Charter Member of the Board since it was established in 1992. CCM 1N: 9-12-06 Page 9 Recommendation: That the City Council adopt the Resolution nominating Councilmember Clark to another four year term on the San Gabriel Basin Water Quality Authority Board. Motion by Councilmember Imperial, second by Mayor Taylor that the Council adopt the Resolution nominating Councilmember Clark to another four year term on the San Gabriel Basin Water Quality Authority Board. Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. Councilmember Clark requested that the following comments be verbatim for the record. Councilmember Clark: "I want the minutes to show that I appreciate the votes for my nomination on the Water Board and want to point out that this is a regional body and that when Mr. Nunez wanted on the regional COG board was nominating for the SCAG division according to policy and I felt it was important that we had a representative on that board because as it happens it is very important and I actually because Mr. Nunez was new on the Council and so I went to the COG and got there early and I lobbied for Mr. Nunez the vice president of the COG, his colleague was running for the position and I felt that it was important that we have someone from our Council because of the mandate from the state for the housing that we have a representative on the board and so along with the council of that board he won the position and I just want it on the record that I was willing to look at the regional picture rather than at the conflict that we have here regarding WalMart and things like that. So I just wanted people to know, and I did take a lot of heat from my supporters for that but I thought it was important that we have a representative on that body." Councilmember Nunez: "Just for the record I hope that the Councilwoman sees that I am going to those meetings, I am participating; I am putting effort into them. I didn't know that her help to get there was or had a price that I had to vote for you." Councilmember Clark: "It does not mean that, John. I just wanted to show that you did not vote for me. This is a regional body that my thought is that the city that I represent and I'm doing a good job and my opponent thinks that I'm doing a good job and I want the record to show that you would not give me the courtesy to vote for me on that regional issue. Water is a very regional issue. If we don't have, if the levees fail in the Delta, which is very possible, the water supply in Southern California will be cut off and we need to clean up our ground water so CCMW: 9-12-06 Page 10 9 0 that we have a great drinking water source. This way transcends this issue that we are dealing with." E. Mosquito & Vector Control Board Appointment Earlier this year, the City Council took action to reappoint Bob Bruesch as Rosemead's representative to the San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) Board of Trustees for a one year term ending in March of 2007. Recently, staff received correspondence from the SGVMVCD clarifying the state code governing the appointment of trustees to the district board. These rules stipulate that any appointment has to be for either a two-year period or a four-year period, and must begin on January I" (or for the balance of a term for a vacated office). Based on this statue, the City Council has been asked to clarify Mr. Bruesch's term of appointment, which will technically have an effective start date of January 1, 2006. Recommendation: That the City Council appoint Bob Bruesch to a four-year term as the City's representative on the San Gabriel Valley Mosquito & Vector Control District Board of Trustees, effective as of January 1, 2006. Mayor Taylor stated that he was reluctant to vote for a four year term. When Mr. Bruesch was originally appointed it was to serve out the remainder of a one year term. Mayor Taylor believes that a four year term should be filled by a Councilmember elected to represent the city. Councilmember Imperial feels that an elected official should be appointed. Motion by Mayor Taylor, second by Councilmember Imperial that the Council accept the nomination of Councilmember Clark to a four year term on the Mosquito & Vector Control Board. Yes: Clark, Imperial, Nunez, Tran, Taylor No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. F. Approval of Casa Latina Entertainment & Dance License At the August 22, 2006 City Council meeting, staff was directed to conduct additional research related to the potential approval of an entertainment and dance license for Casa Latina, located at 8800 Garvey Avenue. The new business CCMIN: 9-12-06 Page I • • owners are currently operating the business as a restaurant and would like to expand their operation to include dancing and live entertainment seven days a week from 11:00 a.m. until 2:00 a.m. Recommendation: That the City Council take the following action: Grant an entertainment and dance license to Casa Latina contingent on the business owner complying with conditions recommended by the Planning Commission, the Sheriff's Department, and staff. 2. Direct staff to monitor and periodically inspect Casa Latina for a period of six months to ensure compliance with all City codes and regulations. In six months, bring back for City Council review a report detailing staff observations of compliance with City codes and regulations at Casa Latina. Motion by Councilmember Tran, second by Mayor Pro Tern Nunez that the Council accept staff recommendations and approve the Casa Latina Entertainment & Dance License. Yes: Clark, Nunez, Tran, Taylor No: None Absent: None Abstain: Imperial Mayor Taylor declared said motion duly carried and so ordered. G. Bus Stop Improvements Plans and specifications have been prepared for the replacement of all existing bus stop furnishings with new bus shelters, benches and trash receptacles City- wide, except for those on Valley and San Gabriel Boulevards, unless damaged. Recommendation: That the City Council approve the plans and specifications for the installation of new bus shelters, benches and trash receptacles City-wide and authorize advertisement for bids by the City Clerk. Juan Nunez, residing at, expressed reservations regarding bus stop improvements. CCMIN: 9-12-06 Page 12 0 0 Motion by Councilmember Tran, second by Mayor Pro Tern Nunez that the City Council approve the bus stop improvement plans and specifications made by staff. Yes: Clark, Imperial, Nunez, Tran, Taylor No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. H. Garvey Avenue Bridge Plans and specifications have been prepared for the reconstruction of the Garvey Avenue Bridge over the Rio Hondo Channel. Recommendation: That the City Council City Council approve the plans and specifications for the reconstruction of the Garvey Avenue Bridge and authorize advertisement for bids by the City Clerk. Jim Flournoy, residing at, expressed concern regarding faults potentially being under the bridge site. He would like a fault survey to take place to assure the safety of the project. Motion by Councilmember Tran, second by Councilmember Imperial that the Council approve the plans and specifications for the reconstruction of the Garvey Avenue Bridge. Yes: Clark, Imperial, Nunez, Tran, Taylor No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. (Mayor Pro Tern Nunez requested that Items I, J, K be considered in one motion.) 1. California Contract Cities Association 26th Fall Seminar The 26`h Annual California Contract Cities Association Fall Seminar is set to take place this year on October 6 - S in San Diego. Recommendation: That the City Council authorize any Councilmember, the City Manager, or staff designee to attend the 26`h Annual California Contract Cities Fall Seminar. CCMIN: 4-12-06 Page 13 0 0 J. National League of Cities Annual Conference The National League of Cities Annual Conference is set to take place this year on December 5 - 9 in Reno. Nevada. Recommendation: That the City Council authorize any Councilmember, the City Manager, or staff designee to attend the National League of Cities Annual Conference. K. AB 1234 Meeting Reports AB 1234 requires that 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 a written report filed by Mayor Pro Tem Nunez and staff. Recommendation: That the City Council receive and file said reports. Motion by Councilmember Tran, second by Mayor Pro Tern Nunez that the Council adopt Consent Calendar Items I, J, K. Yes: Clark, Imperial, Nunez, Tran, Taylor No: None Absent: None Abstain: None Mayor Taylor declared said motion duly carried and so ordered. 3. MATTERS FROM MAYOR & CITY COUNCIL (Verbatim) Mayor Taylor: I believe that is our last item. So a motion to adjourn would be in order. Councilmember Clark: What about Matters from Officials. Mayor Taylor: "I'm sorry. Matters from Mayor and City Officials. Councilmember Clark: "I would like to ask if we would be able to discuss the opening of Wa1Mart?" City Attorney Wallin: "It takes four votes to do that. I mean it's not an agenda item so it takes four votes if there's an emergency matter that must be discussed for purpose of giving permission to staff... Councilmember Tran: "I'd like to make that motion." CCMIN: 9-12-06 Page 14 0 0 Mayor Taylor: "Alright, we have a motion to discuss the opening of WalMart. Would you vote on Motion by roll call" - City Attorney Wallin: - "As an urgency matter arising after the agenda was published." Mayor Taylor: "You want roll call?" City Clerk Castruita: "Councilmember Clark? Yes. Councilmember Imperial? Yes. Councilmember Tran? Yes. Mayor Pro Tem Nunez? Yes. Mayor Taylor? Yes." Mayor Taylor: "Mrs. Clark you brought it up would you like to discuss? Mr. Attorney maybe we could start with your comments." City Attorney Wallin: "As I understand, the improvements have been substantially completed. Improvements have been substantially completed. Mr. Johnson and the building inspector have been out there this afternoon. There are some landscaping items that remain but other than that it's ready for certificate of occupancy and does the bond cover those landscaping agreements as written?" Planning Director Johnson: "It does." Mayor Pro Tern Nunez: "Is there a bond or a letter of credit?" City Attorney Wallin: "This letter of credit serves as a bond. A letter of credit would include those. The conditions do require that those things be completed. As soon as, I guess, as soon as the Planning Director is satisfied that those are completed then you can give him direction to go ahead and issue the certificate of occupancy." Councilmember Clark: "Okay, I'll make the motion that the planning director issue the certificate of occupancy tomorrow." Councilmember Imperial,: "Second." Mayor Pro Tem Nunez: "Are you changing the scope of the administration. I thought administration was going to do that when they thought it was correct." Councilmember Clark: " It was over the corrections." Mayor Pro Tern Nunez: "Are we going to start correcting administration on that?" Councilmember Clark: "Yes." Mayor Pro Tern Nunez: "Is that out of place?" Mayor Taylor: "Mr. Wallin, can we do that?" CCMIN: 9-12-06 Page 15 • • City Attorney Wallin: "Well, the Planning Director has to be convinced that the improvements have been completed or are adequately bonded or secured and once, the discussion has been whether or not we should hold off until after the hearing on the 21" or whether we should go forward - or whether the Planning Director should go forward as soon as they're satisfied it has been completed. I don't think that the Council should usurp the obligations of both the building inspector and the planning director but in terms of giving direction to go ahead rather than holding off I think that would be in order." Mayor Taylor: "I'd like to state that I was down there this afternoon at 5:00 o'clock and I walked through the entire store, every department is up and operational. All the fresh produce is there. All the deli cases are full. All of the meat cases are all full. It's just amazing that that entire store is in operation and that you said what, the 21 Mr. Wallin, was a hearing?" City Attorney Wallin: "The hearing is on the 21 st but the store will be open probably Thursday, Friday. Brad can probably give you more information on that. " Mayor Taylor: "I would like to state that WalMart has put in $25 million dollars. No city subsidy. They have followed all of the requirements. They've paid for all of the permits. They've gone through the EIR which costs them several hundred thousands. They probably spent a million dollars in attorneys and such. They have done everything that the City has required of them and I don't want a lawsuit brought in here for perishable goods. So, I'm in agreement with the motion that was made." Councilmember Imperial: "I was the second, Mr. Mayor." Mayor Taylor: "Yes. Shall we call for the - Mr. Tran?" Councilmember Tran: "Can we have Mr. Johnson clarify that?" Planning Director Johnson: "This is what is going on in the final stages of construction of the other store is the final elements that the contractor places on the property is typically the landscaping elements and that is what they are attempting to accomplish in the next two to three days. What happens on large projects such as this on a planting schedule there are six to seven thousand plants to be put on the property. The majority of those are in but many times contractors and developers or store owners come in and say they're ready to open up a store but we've got half a day or day left of landscaping and two days can you let us open the store and because of the sensitive nature of the store we simply said we're not going to issue a temporary permit, a occupancy permit until every blade of grass is put in place. And that is our regular we don't typically treat all projects like that. As the contractor mentioned he has built 300 of these stores and usually a very small punch list at the end of the project. The store is fully stocked and ready to open. The fire department, the building official, the City Engineer and myself and all the other agencies are satisfied that there's no life safety issues. We are down to the simple landscaping issues. To be sensitive to the neighbors off of Delta Street, we did ask them CCMIN: 9-12-06 Page 16 to write down all of the work that has to be done on Delta. The landscaping, a little bit of painting. They're working on that today and tomorrow and that should be completed. If it is Council's desire for me to not count that seven thousand plants to be put into place before the doors can open. A little leniency on that as all sides are bonded for. I think staff is comfortable, fairly comfortable with all of that as a letter of credit covers the 2 '/2 million dollars worth of work left that is why. If we go beyond the scope of what's left to do with that (inaudible) we have a lot of confidence in the contractor that they willl install those and not be (inaudible)." City Attorney Wallin: "Let me add to what Brad has said. The certificate of occupancy would only be issued with respect to the Wal-Mart building and not with respect to the garden center, and one way to deal with this is to say no to the certificate of occupancy will be issued for the garden center until all these landscaping improvements have been completed. I mean the landscaping improvements are not necessarily tied to one building or another but to the entire site. And the Wal-Mart building itself is in, it does qualify for a certificate of occupancy, its just that some of the site improvements are still being completed." Mayor Taylor: "Mr. Nunez, did you have a comment?" Mayor Pro Tern Nunez: "Yeah, I have a couple of comments. (Inaudible) - as of lately all of a sudden out of nowhere the garden center is being held as another project, another building. It's all one. So the fact now that it's even - where it's at location separately. I always thought we were gonna get it all at once, and apparently we're not. We will treat the garden center as a separate building all along. I thought we were getting everything done all at once weeks ago. Then I was told, but now it's a separate building. I was telling Brad Johnson and the City Manager that I feel like we're reading the book by - The Animal Farm." Mayor Taylor: "I would like to say, Mr. Johnson, I believe that those plants are on the west side. They are planting the trees and it's 800 feet long by 32 feet wide and I saw truckloads, not one or not two, of those plants out there on the street. So the rest of the project that's entirely accessible to the public out to Walnut Grove. Is that landscaped there?" Planning Director Johnson: "There's still a small portion along Rush Street and a couple of pockets run up to the base of the building walls that are not completed. All of the trees on the back side of the building and all the trees that are running down and shrubs. Mayor Pro Tern Nunez: " What about the sidewalks?" Planning Director Johnson: "Those do not appear to be installed yet." Mayor Taylor: "Where's that now, Mr. Johnson?" CCMIN: 9-12-06 Page 17 • • Planning Director Johnson: "Offsite in the median that need some landscaping attention. Mayor Pro Tem Nunez: "How about the sidewalks? Are they all completed? I thought I saw a bunch of broken cement over there. Planning Director Johnson: "The street trees that are actually within the sidewalk areas have not been installed yet the contractor told us that they would start installing them." Mayor Pro Tern Nunez: "I'm talking about the sidewalks themselves." Planning Director Johnson: "The sidewalk along the Delta side has been installed. They have not completely removed or replaced the Rush Street. Mayor Pro Tem Nunez: "On Walnut Grove you've still got some, they're going to put rails (inaudible) Mayor Taylor: "On which street?" Mayor Pro Tem Nunez: "On Walnut, Walnut Grove." Planning Director Johnson: "Maybe Ken can assist me they were completely replacing all of Walnut Grove that's not really completed either. Mayor Taylor: "Excuse me. You said completely replacing?" Planning Director Johnson: "The sidewalk as well as along the streets. City Engineer: We're asking for a sidewalk along Rush. Because it was damaged quite heavily by construction (inaudible) I haven't done my final walk there on Walnut Grove to determine how much I want to have removed (turn tape over). Planning Director Johnson: ....the plants getting done the next day or so and being sensitive to the neighbors on Delta that a lot of that work on the back side of the building I think staff is comfortable saying there are a few landscape pockets left. But if the Council's direction is to go ahead and let them open in a day or two when that's mostly completed, then I we're comfortable with that. City Attorney Wallin: And to complete those before issuing an occupancy permit for the building center. Mayor Taylor: For the Garden Center. City Attorney Wallin: the Garden Center. Planning Director Johnson: "My comment about the garden center. From a planning perspective, when se say complete, we mean that the tile roofs are on, the stone is on the CCMIN: 9-12-06 Page 18 E • building, it's beginning to look like a complete product. So it will look like a complete building it just won't have plants inside and fertilizer for sale. Mayor Taylor: "Everything is almost there, is it not?" Planning Director Johnson: "Yes." Mayor Taylor: "Because I walked in there today there was, of course there is no plants in it, but they're not asking for that occupancy. Planning Director Johnson: "Right." Mayor Pro Tern Nunez: "Is the sprinkler system in?" Planning Director Johnson: "Yeah, that's what the hold up is; the fire department gave one determination then reversed the determination on whether it required fire sprinklers and they said it did at first and now it doesn't. But to covered themselves the contract, the business owner would like to install them at their own expense in doing and asking for sprinkler review (inaudible) and that's the holdup. " Mayor Taylor: "You're speaking of the garden center now?" Planning Director Johnson: "Yes." Mayor Taylor: "An open building?" Planning Director Johnson: "It has an enclosed portion as well but um that's the (inaudible)" Mayor Taylor: "Alright. Do I have a roll call, please?" Councilmember Tran: "May I make a substitute motion on that? Just to understand your comment or motion, I'd like to make a substitute motion to just allow staff to go through the check-off list and allow him to make the determination to when he feels comfortable" Mayor Taylor: "I thought that was our intent. Was it not?" Councilmember Tran: "No, you're asking tomorrow for it." Mayor Taylor: "Alright, we can check it tomorrow." Councilmember Clark: "My motion is to instruct the Planning Director to issue the certificate of occupancy tomorrow and that the garden building will be (inaudible)." CCMIN: 9- t 2-06 Page 19 • • City Attorney Wallin: "The remaining landscape improvements - no certificate of occupancy for the garden building until the remainder of the landscape improvements are complete." Councilmember Clark: "All of this is bonded." Mayor Taylor: "What did you say? Two and a half million? What do they have set aside?" Planning Director Johnson: "The letter of credit, I believe the latest letter of credit is for $2.5 million or approximately there." Mayor Taylor: "Alright." City Attorney Wallin: "Four hundred thousand for improvements." Mayor Taylor: "Alright, would you have roll call please, Nina." Councilmember Tran: "Action on the substitute motion." Councilmember Clark: "The substitution motion goes first." Councilmember Tran: "It was my substitute motion to authorize staff to their discretion after going through the checklist to see if when it would be appropriate for them to open the store." Mayor Pro Tern Nunez: "Second." Mayor Taylor: "Okay, but Mrs. Clark was to issue the certificate of occupancy. So you're saying hold off?" Councilmember Tran: "Handing off to staff and to the discretion of the Planning Director. At his discretion when he feels this is complete to allow them." Mayor Taylor: "So it's either your motion or Mrs. Clark's." Councilmember Imperial: "And my second to Mrs. Clark's." Mayor Taylor: "That's alright. Mr. Tran has made a motion. Would you vote on that? Roll call vote, please." Excuse me, Mr. Tran, Mr. Nunez?" Mayor Pro Tern Nunez: "No, I just think that the second motion goes more along the ways that the City has been running its business I don't think that we had the opportunity to make decisions like that for them, for the City to when it opens things or when it doesn't. but I was understanding that the way the city runs is that that determination comes from the staff not a from quoting Don Wagner on a newspaper article he said CCMIN: 9-12-06 Page 20 • • that's a decision not for the City Council but for staff and if that is the way when we start changing the way we run things then we need to change our procedures. Mayor Taylor: "Alright. Roll call please." City Clerk Castruita: "On the substitute motion?" Mayor Taylor: "Yes." City Clerk Castruita: "Do you need that repeated?" Councilmember Imperial: "Yeah." City Clerk Castruita. "The substitute motion is to allow staff to go through the check- off list and approve at their discretion of completion." Councilmember Imperial: "And what did the other motion read?" City Clerk Castruita: "Move to direct staff, the Planning Director in particular, to issue occupancy permits tomorrow and that the garden building is to take place when completed." City Attorney Wallin: (Inaudible) Councilmember Clark: "So we vote on the substitute first?" Mayor Taylor: "Yes. Mr. Tran's motion. Would you please roll call for Mr. Tran." City Clerk Castruita: "Councilmember Clark? No. Councilmember Imperial? No. Councilmember Tran? Yes. Mayor Pro Tem Nunez? Yes. Mayor Taylor? No." Mayor Taylor: "And now we have Mrs. Clark's motion." City Clerk Castruita: "Councilmember Clark? Yes. Councilmember Imperial? Absolutely. Councilmember Tran? No. Mayor Pro Tem Nunez? No, and my vote is no because I think we completely changed the way business is done in this City by making this motion. Mayor Taylor? Alright, and yes for Mrs. Clark's." Mayor Taylor: "And I would like to state for the record that this multi-million dollar building fully stocked meeting the safety requirements that we need for the building, fully stocked with perishable goods of meats, vegetables, produce, deli, milk. It is completely stocked and I don't want any chance of the City being sued for that." Mayor Pro Tern Nunez: "Yeah, and what assurance, I mean It kind of makes sense that the way you get your certificate of occupancy before you stock those things. At least I go to the super market and that's basically what happens when we do open up stores we CCMIN: 9-12-06 Page 21 • never open one before we got um before we got an approval of opening our stores. And the fact that you know, either that you must of worked something with them earlier saying that don't' worry about it..." Mayor Taylor: "Mr. Nunez, there you go insinuating" Mayor Pro Tern Nunez: "well tell me, tell me" Mayor Taylor: "we must of worked something out" Mayor Pro Tern Nunez: "tell met some thing, how does a store like that put produce up there and not knowing when they could open their store?" Mayor Taylor: "I don't have the answer for you." Mayor Pro Tern Nunez: "But, why do you think they do that" Mayor Taylor: "Because they want to get it done and open it" Mayor Pro Tern Nunez: "and then they get a certificate to open up. They are going to throw all that stuff away?" Mayor Taylor: "they're going to have a loss, anyway, are we through with that item you have your votes Nina," City Clerk Castruita: I have 3/2 Mayor Taylor: anything else under matter from official mayor and council Imperial: "Just one thing mayor, there was a comment made that there was a lady who did some adding for you and made a mistake and now I said you never make a mistake." Mayor Taylor: "Alright that covers it. Matters from City Manager and Staff? Then we are adjourned." 4. MATTERS FROM CITY MANAGER & STAFF - None 5. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:25 p.m. The next regular meeting is scheduled for September 26, 2006 at 8:00 pm. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN: 9-12-06 Page 22