CC - Item 3B - Minutes 12-14-04REGULAR MEETING
ROSEMEAD CITY COUNCIL
CITY HALL COUNCIL CHAMBERS
ROSEMEAD, CALIFORNIA
TUESDAY, DECEMBER 14, 2004, 8:00 P.M.
REPORTED BY:
DAWN M. DAVILA, CSR NO. 8383
Younger Qeporti% eServices
5055 Canyon Crest Drive
Riverside, CA 92507
Phoae/Fax (951) 276-1333
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ROSEMEAD CITY COUNCIL:
MAYOR MARGARET CLARK
MAYOR PRO TEM JAY IMPERIAL
COUNCILMAN GARY TAYLOR
COUNCILMAN WILLIAM ALARCON
COUNCILMAN JOE VASQUEZ
NANCY VALDERRAMA, CITY CLERK
PETER WALLIN, ACTING CITY ATTORNEY
BILL CROWE, CITY MANAGER
DON WAGNER, ASSISTANT CITY MANAGER
KEN RUKAVINA, CITY ENGINEER
BRAD JOHNSON, PLANNING DIRECTOR
MICHAEL BURBANK, DIRECTOR OF PARKS & RECREATION
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PUBLIC SPEAKERS:
SENATOR GLORIA ROMERO
KEN PIKE
FRANCES CHAVEZ
CYNTHIA CAMACHO
AGUSTIN GARCIA
CAROL MAHONEY
JEAN HALL
JULIE GENTRY
JOAN HUNTER
ESTELLE HOLTZ
LARRY BEVINGTON
BEVERLY THOMPSON
RON GAY
DR. LILLIAN SACCO
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TUESDAY, DECEMBER 14, 2004 ROSEMEAD, CA
MAYOR CLARK: We'll move on to move Item 5-A
up to the front since there are so many people here that
want to all right. And we're going to ask
Senator Gloria Romero to oh, wait. I'm sorry. I'm
sorry. We need to introduce the item first. I'm sorry.
MR. WALLIN: Yes. At tonight's Council
meeting, the Rosemead City Clerk is going to certify the
sufficiency of signatures on a referendum petition
against an ordinance passed by the City Council to
approve the development agreement with Wal-Mart in the
construction of a super center store in Rosemead.
The Wal-Mart development agreement, the
operative provisions of it, freeze currently
regulations for the project, thus protecting the project
against any adverse effects from land use regulations
adopted by the City in the future. The development
agreement also extends to 10 years' time which the
developer may exercise those approvals.
Let me explain what a referendum is. When an
ordinance is adopted, it doesn't take effect for 30
days. If during those 30 days the voters of the city
submit a petition signed by 10 percent of the voters,
that's called a referendum, the ordinance doesn't take
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effect at all. When the petition comes in, the
ordinance is frozen; it doesn't take effect. And it
won't take effect until either well, it won't take
effect. Instead, the City Council, at that stage, has
to either repeal the ordinance or submit the ordinance
to the voters. And the ordinance wouldn't take effect
until the voters voted in favor of it.
So at this time I would like to turn it over to
the City Clerk for the certification.
THE CLERK: On October 13th, 2004, the petition
for referendum of Ordinance 836 was filed with my
office. With the assistance of the Los Angeles County
Registrar-Recorder's office, I have determined there are
2,145 valid signatures on the referendum petition. The
referendum report through the Recorder's office is
attached to our Staff report.
1,664 valid signatures were required to require
the Council to repeal the entire ordinance or submit the
ordinance to a vote. Once the requisite petition
signatures were verified on November 29th, my offices
were required by Elections Code to certify the
sufficiency of the petition to the City Council at its
regular meeting. Upon certification, the Council is
required by Election Code to make a decision whether to
rescind the ordinance or submit it to the voters.
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In the event the Council chooses to repeal
Ordinance Number 836, a resolution, reconsidering and
rescinding the ordinance that has been prepared for the
Council's adoption this evening. If the Council does
not repeal Ordinance Number 836, it must be submitted to
a vote. Our next regularly scheduled elections
general municipal election is March 2007. It should
be noted that Wal-Mart's representatives have requested
that the City Council repeal the ordinance. And their
letter is attached to our Staff report.
MAYOR CLARK: Are there comments from any of
the Council?
Oh, sorry. Is there any comments from the
Councilmembers before we take comments from the public?
COUNCILMAN IMPERIAL: Yes, ma'am. I would like
to submit my vote to this thing.
THE AUDIENCE: Can't hear you. Can't hear
you.
COUNCILMAN IMPERIAL: I would like to submit my
vote at this time to consider rescinding the ordinance
and look for a second.
MAYOR CLARK: Is that a motion?
COUNCILMAN IMPERIAL: That's a motion.
COUNCILMAN VASQUEZ: Second that motion.
MR. WALLIN: Just for clarification, that's a
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motion to adopt the resolution in the agenda packet?
COUNCILMAN IMPERIAL: Yes.
MAYOR CLARK: All right. We'll take comments
from the audience. And we have Senator Gloria Romero
first.
MS. ROMERO: Good evening. Thank you very
much. I want you to know I was in Sacramento today.
This was a most important meeting for me and I think for
many of the residents of the City of Rosemead. And the
State of California is watching, of course, the actions
here this evening.
I applaud the motion that has been made. I
applaud the second. I believe it is the right thing to
do to rescind this action. We may have different
reasons for doing so, but certainly when 2600 members of
this community petition their government, as is provided
for by the First Amendment, basically, to the U.S.
Constitution, I believe it is the right thing to do. So
I'm not going to speak for very long. There is much
that I can say.
I actually came in with a different
presentation, but I certainly did read, as well, the
letter that was submitted by Wal-Mart, them also asking
you to rescind this action. So at this point the
community is on board. Wal-Mart, for its own reasons,
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has asked you to rescind it. It's the right thing to
do. It's right before the holidays. I'm asking you to
deliver a miracle on 34th Street right here in the City
of Rosemead. And we can all go home happy. So the
community is here. Let them just as they spoke when
they put forward the petition, let's do that. Rescind
it tonight.
I would also ask you, and we will come back
again, this is really just a first step, because there
are openings down the line. I think ultimately, though,
this issue will not be put to rest until we also rescind
the general plan amendment as well.
UNIDENTIFIED SPEAKER: On behalf of South
San Gabriel residents and Rosemead residents, we want to
thank you, Senator Romero, for all your help, for all
your concern.
MAYOR CLARK: I have some other requests to
speak. Ken Pike.
MR. PIKE: Good evening, Councilmembers and
Officers of the City of Rosemead and citizens of the
City of Rosemead. I wanted to make some comments here
that I am I'll introduce myself. I'm one of the
founding fathers of the City of Rosemead. I worked on
the Chamber of Commerce and went through the chairs,
presidency. I was on the Traffic Commission I was
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chairman of the Traffic Commission. I was chairman of
the Commission, and I was on the City Council. We
saved enough money here as a city. We used to have a
lot of pride in businesses here in Rosemead. We had two
or three nice dress shops. We had a men's clothing
store. We had all kinds of businesses that was bringing
money into our city. And we saved enough money from
operating our city that when we built this city hall, we
paid cash for it. No indebtedness, no bonds, nothing.
Cash. When we built our community center over here, we
bought the property and we paid cash for it. It was
paid clear. No bonded indebtedness.
We had the foresight to form a redevelopment
committee, and we our first redevelopment project was
in the area of Edison Company and South San Gabriel.
And I heard all kinds of flack about this redevelopment
project. Oh, it was going to bankrupt the City of
Rosemead. It was people's home no home was safe in
Rosemead. I've got printed papers that they put this ad
out, "No home is safe in Rosemead." Don't
Needless to say, it didn't happen. I'll tell
you what did happen. The redevelopment project, Number
1, the City of Rosemead has brought in over 60 million
dollars to the City of Rosemead since we formed it. If
you want to go down Garvey Boulevard and see what's
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happened with our redevelopment, you wouldn't recognize
it from what it used to be. It used to be a bunch of
rundown trailer parks and beer parlors and places for
prostitutes or drunks. It isn't that way anymore. It's
because redevelopment came and improved the whole
boulevard, the whole area.
Walnut Grove was improved from one end to the
other. It used to be a two-lane road there with no
curb, gutters that go off in the bar ditch, and you were
in water. But that means. it may I have watched the
City of Rosemead and I'm one of the last of the
original group that was doing this, the other
Councilmen, to the best of my knowledge, are all gone.
So I'm really a founding father.
And when we had this tax base that was coming
in, the way we managed to save of course, this is
before inflation came. And we had the foresight and the
business-minded people that we made this happen. Now
then our business district is going downhill. We don't
have the dress shops, we don't have we don't have
even a grocery store over here anymore. The restaurant
is closed up. The other restaurant up there on
Walnut Grove is closed up. We've had some new
restaurants come in, but I can't read some of the signs
that are on them, so I don't really know what they're
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serving.
But we do need a rise in sales tax revenue, and
the biggest thing we have had proposed is Wal-Mart
coming in. And that is a and biggest salvation of
our city. The people that are against it were
demonstrating, and a lot of them are here tonight. And
I used to take a beating when I was up there in your
chair and about how I was going to rule the city
ruin the city with redevelopment. More or less we're
getting a little bit of an echo of this coming in right
now and about Wal-Mart. And Wal-Mart can be a big
boon to our city. It will furnish local students an
opportunity to work through college. It would serve
people that are retired that want to work a little extra
money to supplement their Social Security. They have an
opportunity to do so. This comes about by having a good
business that is viable and operational and is conducive
to having the opportunities for the citizens.
Now, Mrs. Romero spoke very eloquently about
2,000 residents. I want to call her attention to the
fact that we have about 48,000 other Rosemead residents
that she forgot about that will they will also
benefit from the benefits of having a basis here where
they can shop, where they can work, and that people of
Rosemead will be able to finally say they have something
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that they can that is productive. Rather than foul
land that's been laying there since the city was formed,
it will be put into production. Thank you so much.
MAYOR CLARK: Thank you, Mr. Pike.
Frances Chavez.
MS. CHAVEZ: My name is Frances Chavez. I
reside at 4721 Barlett Avenue in Rosemead. I'm
representing the San Gabriel Mission N1 L.A. which is an
organization of churches, schools, and unions across
L.A. County, including St. Anthony's. And San Gabriel
Mission is my church. My parents and I have lived in
Rosemead for almost 100 years combined, and we care
about the future of our community. Together with
parishioners and clergies from the San Gabriel Mission,
St. Anthony's, N1 L.A., we are opposed to inviting a
multi-billion dollar corporation into our city that has
a history of subsiding itself on the backs of taxpayers.
We live and work in this community, and we want
to see a high quality of life for everyone. We do not
believe that an Arkansas-based super center with the
reputation for cutting costs on wages and health care
for its employees, will run other businesses out of
town, is the healthiest economic choice for our
families, even if we can get our shampoo a few cents
cheaper.
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The San Gabriel Mission, St. Anthony's, N1 L.A.
strongly oppose the proposed construction of Wal-Mart in
Rosemead. And we urge the Council to rescind this
ordinance.
COUNCILMAN IMPERIAL: This is the church thing
that you said?
MS. CHAVEZ: Excuse me?
COUNCILMAN IMPERIAL: You said this was a
church saying this? I thought you said the church.
MS. CHAVEZ: It is the parishioners who live in
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Rosemead.
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COUNCILMAN IMPERIAL: Okay. Okay.
MS. CHAVEZ: Thank you.
MAYOR CLARK: Thank you, Ms. Chavez.
Cynthia Camacho.
MS. CAMACHO: Good evening, Councilmembers,
Officers, and our fellow my fellow community
members. My name is Cynthia Camacho. I live at
3049 North Earle Avenue in Rosemead. I am here as part
of a group of One L.A. and St. Anthony's Church. And
most of all, I am here as a member of our community. I
have resided in this community for 35 years. For some,
it might not be as long as others, but I grew up in this
community. Not only have I grown up in this community,
but I have also I also work in this community.
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Some of you might know me from Savon Drug
Stores over at Garvey and San Gabriel. I have worked
there my entire work career, and I have been really
happy there. It has provided me and my family with
benefits that have always been second to none. You
know, we have medical benefits, we have just all kinds
of areas in which they have helped us.
It saddens me to think that our community would
be willing to put bring into our area a Wal-Mart, a
company that is known not to really care about the
people. It claims to care about its people, but
recently on the news, we heard of celebrities that have
a clothes line with Wal-Mart. This clothes line, this
company that is established outside the United States,
pays its employees pennies.
And true, though these two celebrities did sign
an agreement to look into this company that creates
their clothing line, we have not heard anything from
Wal-Mart saying that they, too, will investigate and
resolve the problems of women, pregnant women, working
in these factories without medical benefits.
I, as a woman, am appalled that a company like
that, a retail market, would come into my community,
supporting groups from outside the country that don't
have give humanitary (sic) rights to their workers.
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And although they say that they are not aware of this,
time and time again, we have heard in the news of these
things happening.
Now, I have been, like I say, working for 23
years in this community. I have lived in this
community, and I honestly take our city motto to heart.
"Rosemead, where city pride is justified." I want to be
able to look at that motto and hear that motto and
honestly say, "I am proud of Rosemead. I am proud of
the decisions that it makes."
How can I support a community that or a
Council that would honestly support a business such as
this? True, they will never admit to it. It's bad for
business. Why did these two girls sign an agreement to
look into these companies? Because they knew it was bad
for business. They knew it was bad reputation.
I want Rosemead's reputation to be impeccable.
I want us to be able to look at each other and at other
communities and say, "Yes, okay. They come into our
area and they'll give us, you know, a few cents off for
the shampoo or the food or the clothing, but where are
these items coming from? How are they getting to your
table? Onto our backs?"
Another concern is there are four schools
located that will be located around this Wal-Mart.
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Four. Don Bosco, Rice School, Temple, and Sanchez. The
traffic would be horrendous to these schools. You know,
it's hard enough and I've talked to parents. It's
hard enough already to have to drop off your kids in the
traffic that exists already without having to compound
what is already there.
So, please, I strongly encourage our
Councilmembers to please look deep in your hearts and do
the right thing for us. Do the right thing for the
community of Rosemead. Do the humanitarian thing.
Remember, it is not just Rosemead that is affected, we
are. Once that pebble drops into our water, we send
waves across not just our community, but across
continents. Please look into your hearts and uphold our
motto. Make us proud. Make us be able to justify our
pride.
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You know, I don't want to walk through and see
this Wal-Mart there and know, my goodness, we
compromised. We sold out for a few things. That we
sold out for a few pieces of silver. Not worth it. Not
worth our souls. So, again, I thank all of you and have
a good night.
MAYOR CLARK: I'm going to ask you, because of
the size of the crowd, to limit to three minutes,
please.
2`
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The next speaker is Agustin Garcia.
MR. GARCIA: Hi, City Councilmembers, Mayor,
and residents of this beautiful city.
COUNCILMAN IMPERIAL: Your name and residence,
please.
MR. GARCIA: My name is Agustin Garcia,
3134 Ivar Avenue, the City of Rosemead, just north of
Garvey. And it's very, very important that I want to
tell you this. I want to thank you, because you guys
make all these people to stand up together for a very
valued thing, that is to save the community, save this
country.
This company has been doing so many nice
things, beautiful things maybe, but it's affecting many,
many lives. Whatever decisions you guys make, whatever
is happening, it's making a big difference right here.
I see a group of people fighting this issue, there is
people like 50, 60 years old doing so much work. And
they collect more than 20- 2400 signatures. I
really, really appreciate those guys. Not many people
like myself get involved.
And you guys should use these people to get the
other, the youngest people, to get together and change
this city, move on, and try to bring any better business
in here. Like we used to have a Ralph's over here
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across the street, businesses like those, we need it in
the city. And not to bring the type of business that
will shift taxes from one place to another in the same
city. We may collect taxes from another city, but it's
not going to make a difference, because we will not get
something worse. That when we get it from one side,
we're going to get worse things from other sides. For
example, the people we're going to attract.
Somebody was talking about having people
going to college. If I'm a working father with five
children, I work at Wal-Mart, my kids not even going to
be able to make it through high school, put it that
way. Because they will just sit, they will get in
trouble, they will be like many others in jail. That
means if you have a good job, decent pay, and health
benefits is most important, health benefits, you can
move on. And we have a lot of hardworking people in
this community, especially those guys that work really
hard, 40, 50 years old, they deserve my respect,
admiration. And you guys you, too. You guys did
really good, because you were part of the issue that
makes all these people stand together and fight for this
issue and give it to Rosemead all that courage to make
Rosemead better.
I thank you for this time. I'm not good
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talking in the microphone, but I just want to say thank
you. Because if this passed, I live just north of
Garvey. It's so hard between 3 and 6 to get out of my
house that I feel kind of crazy when I want to get out
around those hours. And if that Wal-Mart goes on, can
you imagine what will happen to all the residents around
my house? We already have a lot of trouble getting out
of our house, sometimes it takes 15 minutes to go
through Garvey to make a left turn going to Rosemead
Boulevard. It's so hard. I really appreciate your
time, and thank you. I'm sorry if I went over the three
minutes.
MAYOR CLARK: Thank you, Mr. Garcia.
Next we have Carol Mahoney.
MS. MAHONEY: Good evening. I'm Carol Mahoney,
3846 Barlett, Rosemead. I'm an active member of the
Rosemead PRIDE, and I'm here to ask that you rescind the
Wal-Mart development agreement and not place the matter
on the ballot for a special election. After reviewing
the Staff report, it seems that putting this matter on
the ballot would be an expensive and largely meaningless
gesture, which I doubt the voters would appreciate.
Since we've already missed the deadline for the
regular city election, the only option would be a
$35,000 special election or to wait until the year
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2007. Such an expense might be appropriate if the vote
were important and would give the City some much needed
policy direction. In this case, however, it appears
that we all agree the development agreement is
unnecessary, and it should just go away as soon as
possible.
Such unanimity hardly seems worth a long
campaign and a vote, especially if the vote, regardless
of who prevails, isn't going to change anything in the
final outcome. Rosemead PRIDE would like to see this
project proceed as fast as possible. Resolving this
questions of the development agreement tonight would
make that happen. Keeping everything in suspense while
we wait for a special election seems inappropriate.
Wal-Mart's announcement that they intend to
build the project in one phase has rendered our
agreement unnecessary. In light of their position and
the demands of Save Our Community's petitions, the only
appropriate action for the City Council would seem to be
to rescind the agreement and let everyone move on with
their lives.
The Members of the City Council made a
courageous decision to approve the Wal-Mart project in
the face of a very vocal minority who opposed the
project. It shouldn't be difficult to honor their
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requests tonight and void the agreement, just as they
have demanded in their petitions. You can be assured
that Rosemead PRIDE will support your vote to rescind
the development agreement, and we will make sure that
all the voters of the city understand in March why that
decision was exactly the right one to make on behalf of
the Wal-Mart project.
Thank you for your leadership and your
commitment to a betterment of life in the City of
Rosemead. Thank you.
COUNCILMAN IMPERIAL: Thank you.
MAYOR CLARK: Thank you, Ms. Mahoney.
Jean Hall.
MS. HALL: Honorable Mayor and Members of the
City Council, my name is Jean Hall. I live at
3655 North Muscatel in the City of Rosemead, and I am a
member of the PRIDE citizen action committee. I'm proud
to stand before you again tonight to applaud your
ability in making tough choices on issues that need to
be resolved. I would like to quote from the top line of
the campaign signs I have displayed in my yard, and it
reads, "Elect proven leadership." Then under that it
lists three incumbent Councilmembers who sit before us
tonight. This one sentence, "Elect proven leadership,"
says it all.
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Tonight's issue has been studied; it has been
investigated; it has been discussed; it has been picked
apart; it has been voted upon; it has spread mass
confusion throughout Rosemead's registered voters during
the time that the opposition was collecting signatures.
All of the above has been harmful, it's been time
consuming, and it has accomplished nothing.
Without any further delays, this project must
go forward. I strongly urge the Council to rescind and
repeal ordinance 836 in its entirety. The Council has
shown their determination over and over again, that
their decisions are for the betterment of the City of
Rosemead. And I have faith that the Council's action
tonight on this ordinance will have the same purpose in
mind. Thank you.
MAYOR CLARK: Thank you.
Julie Gentry.
MS. GENTRY: Julie Gentry, 8915 Nevada Avenue.
Mayor Clark and Members of the City Council, I
represent the members of Rosemead PRIDE and all
residents of Rosemead who supported your vote to approve
a Wal-Mart super center in our community. We are really
behind you, all of you, and these are not just words.
We want to commend you, the City Council, the Planning
Commission, the City Manager, and the entire City Staff
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for the many months of effort and the thousands of pages
of documents that you reviewed in order to make an
informed decision in the best interest of our city.
We think you are owed an apology from those who
launched personal attacks against you, not to mention
all these tirades while you have maintained the highest
standard of professionalism throughout this process.
A very vocal few would have you believe that
the residents of Rosemead do not want a Wal-Mart in our
community. We know better. When we analyzed the
petitions, mailers, letters, and testimony and other
expressions of opinion on the project, it was clear that
amongst registered voters in Rosemead, the issue was
favored by 70 percent. Now we come to the crux of the
issue, and it is a Rosemead issue; not a county issue,
not a state issue, and certainly not a religious issue.
I have read enough of the Staff report on the
referendum petition regarding Ordinance 836, the
Wal-Mart development agreement, to wonder if Save Our
Community knew what they were doing when they decided to
referend only the development agreement and not some
other aspect of the entitlements that you approved for
the project on September 7th. All the development
agreement did was guarantee that Wal-Mart could build
the grocery portion of the project at a later date. If
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they built the
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don't need the
agreement.
3 It is the recommendation of Rosemead PRIDE that
4 you rescind the development agreement tonight. Please
5 grant the request of the Rosemead PRIDE, grant the
6 request of the Rosemead Chamber of Commerce, grant the
7 request of Wal-Mart, and grant the demand of Save Our
8 Community. Rescind the development agreement tonight.
9 Thank you.
10 MAYOR CLARK: Thank you, Ms. Gentry.
11 Joan Hunter.
12 MS. HUNTER: My name is Joan Hunter, president
13 of the Rosemead Chamber of Commerce, and I am here to
14 represent my board of directors. Madam Mayor and
15 Members of the City Council, I cannot tell you why the
16 members of the Save Our Community organization chose to
17 challenge only the Wal-Mart development agreement, but I
18 am pleased that they did. Now we have something on
19 which we both can agree, that the development agreement
20 should be dispensed with immediately. The reasons for
21 agreeing differ. We see no reason to proceed with a
22 city-wide vote on a matter that has been rendered
23 meaningless by the changed circumstances of the Wal-Mart
24 project.
25 Now that Wal-Mart has decided to construct the
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entire project in one phase, the development agreement
is no longer necessary. The qualification of the
signatures on the petition also effectively suspended
the agreement, and there seems to be no one in the
community asking that it be retained. We would urge you
to do that, which seems to be the overwhelming choice of
everyone, including Wal-Mart, Rosemead PRIDE, and Save
Our Community, and rescind the agreement tonight.
The Rosemead Chamber of Commerce has been a
vigorous supporter of this project for our city. We
believe that the benefits to be derived from the jobs,
the tax revenues, and low prices far outweigh any
impacts that may be caused by a location of the new
super center in this office/commercial area of
Rosemead. Placing this matter on the ballot would be a
complete waste of time and money. Whether the vote
passes or fails is meaningless and would not alter the
progress on the project. It doesn't seem fair to ask
the voters to decide on something that no longer needs a
decision. Nor do I think the voters would appreciate
being asked to deliberate on a matter for which the
outcome is already determined and will not be altered by
their vote.
The citizens of Rosemead have been the
beneficiaries of some very progressive and strategic
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thinking on the part of Staff and the City Council. We
have new restaurants, new specialty stores, a new
community center, senior housing, and we have new
commercial projects being proposed throughout the city.
These new sales taxes will enable Rosemead to expand and
improve the vital public services on which we all rely.
Rosemead is finally catching up with our neighboring
cities in attracting desirable development of every
kind.
Putting this matter on the ballot at this time
would only be a tactic to stall the project further and
delay all its benefits to the City. On behalf of the
Rosemead Chamber of Commerce, I would urge you to
rescind the development agreement, just as Save Our
Community has requested, and let's move forward on the
task of making Rosemead a better place to live, work,
own a business, and raise a family. Thank you.
MAYOR CLARK: Thank you, Ms. Hunter.
Estelle Holtz.
MS. HOLTZ: Hi. I'm Estelle Holtz, 8247 Wicker
Avenue in South San Gabriel. When the registered voters
of Rosemead decided to do the work with and get
okayed the referendum petition, they understood that
they were allowing you a second chance to vote to
rescind. And to rescind to them and to any other honest
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person means for you to say "No" to Wal-Mart. Now,
you're playing games. I can see Wal-Mart playing games,
but five people that have been elected to play games
with the people, to come here and say, "Oh, we're going
to rescind our vote, that will look good to the voters.
Maybe they'll say, 'Oh, isn't that nice. They decided
against Wal-Mart.'"
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You're not deciding against Wal-Mart, you're
deciding against going to the ballots because Wal-Mart
knows they can't-win at the ballot. And you won't
either. But you be fair. For God's sake, be fair.
They have worked our heads off, and we couldn't help.
They worked their heads off to get here tonight because
they believed that they were giving you a second chance.
Not often in life you get any second chances, but I can
see by what's going on, and Joannie explained it.
What's really going on is what you're going to do is
you're going to rescind the development agreement.
That's doing nothing, and you know it. And you think
we're stupid? We're hard workers, but we're not stupid.
Okay. If you want to be fair, you want to be
fair with your own people. When you rescind that, then
open it up and rescind the general plan. And then you
will be honest with the people. This is nothing but a
distortion and a lie, and there is not one person here
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that's not capable of understanding exactly what you're
doing. You're saying, "We're not letting them in
through just stopping the development agreement. We
have the back door open, and you will come in later."
And no, they won't, because that is unjust. You either
rescind the whole darn thing or go to ballot.
MR. WALLIN: Let me explain that there was no
referendum petition circulated on the general plan
amendment. That is an enactment which has become has
been legislated by this Council. It does not have the
power to rescind the general plan. The only way it can
change the general plan is to go through a general plan.
amendment process, which will take several months.
The issue before the Council tonight is the
issue of whether or not to rescind the development .
agreement, and that's what this hearing is about. Or
rescind the ordinance adopting the development. The
City Council, at this time, has no power to rescind the
general plan amendment or any of the other Wal-Mart
entitlements at this time.
MS. HOLTZ: When can they then?
MAYOR CLARK: I would like to ask the question.
Could the opposition have done a referendum on the
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general plan amendment?
MR. WALLIN: Yes, they could have. But there
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was no petition circulated on that.
MS. HOLTZ: That's a technicality.
MR. WALLIN: The deadline yes, that has
taken effect. As I explained earlier, an ordinance or a
general plan amendment doesn't take effect for 30 days.
It's suspended if no petition if a petition is
submitted within those 30 days, it is suspended. If
it's not, it becomes law. And so the general plan
amendment has become law.
MAYOR CLARK: There was a deadline that the
opposition could have done a referendum on the general
plan amendment. It was about a week before the deadline
for the one that was submitted on the development
agreement, and it was not done.
UNIDENTIFIED SPEAKER: So in laymen's terms,
can you explain to us what's happening.
MS. ROMERO: They're screwing us. Playing
games.
UNIDENTIFIED SPEAKER:
laymen's terms?
UNIDENTIFIED SPEAKER:
no way out for you folks? Is
MAYOR CLARK: We have
speak. Dr. Lillian Sacco.
MS. SACCO: I want to
Yes, what is it in
Is it because there is
.hat what it is?
a couple more requests to
speak after you take a
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vote on the ordinance. After you take the vote.
MAYOR CLARK: All right.
Larry Bevington.
COUNCILMAN TAYLOR: Madam Mayor, Mrs. Sacco
asked after we took the vote. Did we not vote on it
already?
MAYOR CLARK: No. Well, a motion and a second,
and then we're taking comments.
MR. BEVINGTON: My name is Larry Bevington. I
live at 8272 Rice Street, Rosemead, California. I want
to apologize for arriving late. I was attending another
meeting. I couldn't get out here
THE AUDIENCE: We can't hear.
MR. BEVINGTON: I will not attempt to repeat
some of the things I've heard since I have arrived. I
just want to be sure that we reserve the right, no
matter what your action is tonight, to enter later legal
protest, based on the fact that the material, the
agenda, the Staff report, was available to be reviewed
72 hours before the meeting tonight.
The second item is the material is not
complete. The material which I received today has the
front page of a proposed ordinance and no body. So it's
impossible to know what is really meant by the
resolution which has been presented to you. And the
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material is not clear because it was not presented in
the proper time. We have not had an opportunity to
investigate or review either the City Attorney's
comments or the other part of the Staff report. So I
want to enter that as a formal protest for the fact that
we were given inadequate time to review what the City
Council is taking action on.
COUNCILMAN TAYLOR: Madam Mayor.
MAYOR CLARK: Mr. Taylor.
COUNCILMAN TAYLOR: I would like to enter into
the record that the City Clerk tell us what happened to
the packet that was given to the library and what the
librarian told us was in the packet. We have a memo
about that item, and I would like that submitted and put
into the record that that was verified.
And I would like to also be in the record that
Mr. Bevington for one year has denied receiving
information I have here, Mr. Bevington, 210 pages of
correspondence to you, to you directly, not just news
clippings. You've denied that you've received it, and
it's all in here in sequential order that you received
it. So when you come up and keep claiming that you did
not receive it, thank God that we have your signatures
on these letters for requesting it, the copies that you
got back.
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And the City Clerk will read into the record
what she did to check about the library. We cannot
guarantee everything that is put in the library that may
be taken out, but we can say that we put it in there,
and the librarian can back it up. But I want it in the
record that you have consistently denied receiving
information, and we can consistently prove that you got
it.
Would the City Clerk put this in the record.
THE CLERK: Yes. This is the memo that went to
the City Manager from me. At approximately 2:30 p.m.
today, Mr. Bevington came into city hall requesting a
copy of the referendum petition certification item.
Mr. Bevington stated that he went to the Rosemead
Library over the weekend to look at the agenda package,
and the library did not have a complete set, namely
Item 5-A.
As you are aware, a complete set of the
upcoming agendas are delivered to the library on
Thursday evening or Friday morning of agenda week. I
called Desiree Lee, Rosemead librarian. Ms. Lee assured
me that they had a complete set delivered to them, and
that she remembers talking with Mr. Bevington and
showing him the City's agenda packet. Ms. Lee said she
started with the agenda cover sheet, then turned to the
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City's minutes, which was next. At that point
Mr. Bevington stated that that was not what he was
looking for and left. And if you have any questions,
please let me know.
MR. BEVINGTON: All I can say to that was I
met on Friday about 12:30 with the city librarian,
started with the information clerk over there, and they
both examined the packet of material that was there from
the City. There was no agenda there.
MAYOR CLARK: So you're telling us that she was
lying?
MR. BEVINGTON: No.
MAYOR CLARK: That's what you're saying.
COUNCILMAN TAYLOR: Madam Mayor.
MAYOR CLARK: She's attested that she had it
and she went over it.
COUNCILMAN TAYLOR: Madam Mayor, I would like
to make another comment.
MR. BEVINGTON: Wait a minute. I think I would
like to commence my complete my statement.
COUNCILMAN TAYLOR: You said the library didn't
have it. You could have walked 200 feet over here,
because you're no dummy you are no dummy being the
City manager of administrator of the City of
El Monte. Why were you fired? There is six articles
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you deceived the E1 Monte Council.
MR. GAY: How does your daughter make 50,000 at
Wal-Mart?
COUNCILMAN TAYLOR: That's I'm going to talk
about that later.
Anyway, six articles. You were fired as City
Administrator from the City of E1 Monte. Were you not?
UNIDENTIFIED SPEAKER: That's out of order.
COUNCILMAN TAYLOR: All right. Why were 50
homes condemned over there for the shopping center to
expand Sears?
MR. BEVINGTON: You're talking about something
that happened what
COUNCILMAN TAYLOR: You did it.
MR. BEVINGTON: I did not do it.
COUNCILMAN TAYLOR: Why were there 50 homes
taken over there in El Monte?
MS. ROMERO: Legal Counsel, would you speak up
on this?
MR. GAY: Gary, why didn't you recuse yourself?
Jay, why didn't you recuse yourself?
COUNCILMAN IMPERIAL: Let me find out whose
pocket I'm in, okay?
MR. WALLIN: Let me ask the audience to stay
out of this. Would the audience please please be
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silent.
COUNCILMAN TAYLOR: I'm sorry, Mr. Bevington.
Go ahead.
MR. BEVINGTON: I think I have nothing more to
say if I'm going to be personally attacked because I
happen to be the chairman of the group that's been
opposing this idea. And I don't prefer to speak to this
Council.
COUNCILMAN TAYLOR: You did it to the people
of E1 Monte
MR. BEVINGTON: Mayor Clark, can__,you control
your Council or not?
MS. ROMERO: Do you want the City to be sued
more? That's slander.
COUNCILMAN TAYLOR: Sued for what? For quoting
a documentation?
UNIDENTIFIED SPEAKER: Recall.
MAYOR CLARK: I have a question for Mr.
Bevington
MR. GAY: Personal attacks, Gary, come on. How
low do you go? How low do
COUNCILMAN TAYLOR: I'm reading from a
newspaper article of what he did. I'm reading his
actions.
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does that got to do with Wal-Mart? What about
Wal-Mart? Recall. Recall.
MAYOR CLARK: Okay. We're going to take a
break here. We're going to take a five-minute recess.
You asked for it. I'm sorry. You are out of control.
Okay. My question, Senator Romero, is why
didn't you read the Staff report? Why everything is
right in the Staff report. I don't understand why
people are confused. Obviously, you weren't reading
it. The question is you could have done a referendum on
the general plan amendment.
And, Mr. Bevington, why didn't you?
No. It's too late. The deadline passed. My
question to you, Estelle, is why did you allow
Mr. Bevington to take control of this situation? I'm
sorry.
MS. ROMERO: You can't dictate who the
community chooses as their community representative.
MAYOR CLARK: I'm not. I'm not. But she's
upset that
MS. ROMERO: That is outrageous.
MAYOR CLARK: Excuse me. Estelle is upset that
the development agreement does not stop the Wal-Mart
project. Why didn't somebody do their homework? Why
didn't you ask what would stop the project? The general
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plan amendment excuse me.
UNIDENTIFIED SPEAKER: Do you think we have 50
attorneys like Wal-Mart?
MS. ROMERO: Do you think they wrote our
statements like they probably wrote theirs?
MAYOR CLARK: The general plan amendment could
have stopped. All right. Estelle, why didn't you find
out what would have stopped the project? You abdicated
to this gentleman.
MS. HOLTZ: Wal-Mart had their spies all over.
I could not even touch that referendum because I live in
South San Gabriel.
MAYOR CLARK: But you could have asked what
they were doing, what it meant.
MS. HOLTZ: (Inaudible.)
MAYOR CLARK: I didn't nobody would let us
see the petition. I can't believe how many times I
asked. Has anybody excuse me, I'm talking. Okay.
Let me finish. Okay.
MS. ROMERO: I thought you called a recess.
Are we on a recess?
MAYOR CLARK: Well, you all booed me when I
said we were taking a recess. Do you want a recess or
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leadership. Listen to your constituents. Speak up.
Don't just bang your gavel.
MAYOR CLARK: Excuse me. I said we will take
a five-minute recess, and the people did not want to
take a five-minute recess, so I'm listening to my
constituents and not taking a five-minute recess. Thank
you.
MS. HOLTZ: Mr. Wallin, can we do a referendum
on the general plan?
MR. WALLIN: No, the time has passed.
MR. BEVINGTON: Before you do that, would you
let me Mayor Clark, you asked me a question. I want
to answer that.
MAYOR CLARK: Okay.
MR. BEVINGTON: I have read that letter over
there. You asked me if I was calling her a liar, yes.
MAYOR CLARK: You are calling the librarian a
liar?
MR. BEVINGTON: I'm calling the librarian a
liar.
COUNCILMAN TAYLOR: That's all right, Madam
Mayor. It's on the record.
MAYOR CLARK: Okay. All right.
COUNCILMAN ALARCON: Madam mayor, did you call
for the question?
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MR. WALLIN: Do we have any more speaker cards?
MAYOR CLARK: No, we have no more speaker
cards.
MR. WALLIN: If we have no more speaker cards,
let's proceed.
UNIDENTIFIED SPEAKER: Recall. Recall.
Rescind first.
MAYOR CLARK: We have a motion to call for the
question, and we have to vote whether we want
COUNCILMAN TAYLOR: Madam Mayor, I would like a
clarification I would like a clarification from the
City Attorney. All right. Now, these people are
talking back there, no wonder you don't understand what
happens sometimes, why this was the wrong petition.
UNIDENTIFIED SPEAKER: When you speak in a
forked tongue, it's very easy to get confused.
COUNCILMAN TAYLOR: Speaking with forked
tongue, that's what Mr. Bevington did.
UNIDENTIFIED SPEAKER: I don't think so.
COUNCILMAN TAYLOR: Well, he did.
Anyway.
UNIDENTIFIED SPEAKER: Excuse me. It's time
for a change.
COUNCILMAN TAYLOR: I asked Mr. Wallin the
night of the hearing up there, I told him that my
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daughter works for Sam's Club, a subsidiary of Wal-Mart,
and I have no financial gain from that. Was I required
to abstain from that?
MR. GAY: Who says they're going to pay you?
They go around the back door, Gary.
COUNCILMAN TAYLOR: Now listen, loud mouth.
MAYOR CLARK: If we're going to have a
conversation here, we will listen thank you.
COUNCILMAN TAYLOR: Now, would you repeat that
for the record again, that they will go around and pay
money? You've accused the newspapers - or the TV,
you've reported now or stated that they're going to go
around and pay my daughter?
MR. GAY: No.
COUNCILMAN TAYLOR: What did you say? What did
you say? Repeat it. You're a coward.
MR. GAY: It's not worth the time and effort
with you, Gary.
COUNCILMAN TAYLOR: You could be sued for
slandering her. Now you're backing off.
MR. GAY: Bologna. You brought it out, Gary.
You said you were so against this project, and then you
throw this bomb on us at the auditorium. "Well, gees,
they're so great. My daughter has been there a year.
She's making 55,000." Come on. Nobody goes to Wal-Mart
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in one year and makes 55,000.
COUNCILMAN TAYLOR: I said 10 years before this
issue ever came up. And you have
MR. GAY: Then don't you think you should have
recused yourself?
COUNCILMAN TAYLOR: No. Because the City is
more important than something and I asked the City
Attorney, "Is there a conflict because she works for
Sam's Club?" My son works for the sheriff's department
here in L.A. I mean, right in the City of Rosemead,
son-in-law. Can I abstain on votes for the sheriff's
contracts? I don't need to do that because I don't
benefit from it. Another neighbor works for Sam's Club,
she gets $60,000 a year. She's been there less than my
daughter.
THE AUDIENCE: (Inaudible.)
COUNCILMAN TAYLOR: Hey, they have abilities
to get ahead.
Another neighbor, he works for Wal-Mart for
three years. Now he's making $35,000 a year. So
this
MS. ROMERO: So now we understand your vote.
COUNCILMAN TAYLOR: Of course you understand,
because everybody has claimed that Wal-Mart is a
terrorist group, in a simple statement. I know the
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medical benefits that they they have medical
benefits, they have paid vacations, they have dental
care, eye care, profit sharing.
UNIDENTIFIED SPEAKER: You can take Mike Lou's
job now.
MAYOR CLARK: All right. Mr. are you
finished?
COUNCILMAN ALARCON: Excuse me. I would like
to we need to take a moment and gather ourselves.
This is certainly an emotional issue for all of us. And
I'm asking the audience, the Staff, and ourselves to try
not to start attacking personally. We have an issue
here I'm not saying who started it. I'm just saying,
go forward. Let's try to get along, because we're
neighbors. And some of us are from our elected
officials. We all need to show a little restraint and
not get personally involved. We've heard enough, I
think, from the audience, both pro and con. And let's
just go forward now, please.
MS. THOMPSON: Mayor Clark.
MAYOR CLARK: Can you come and identify yourself.
MS. THOMPSON: I'm just a South San Gabriel
resident. Beverly Thompson. We're not here to badger
Wal-Mart. I think our whole issue is location,
location, location. We're in a residential
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neighborhood. We're trying to think of our kids. We're
not trying to tear Wal-Mart apart or care who gets what
money. That's not the issue. The issue is the time,
the place, the children, the impact, the traffic, the
health, everything. I think we need to regroup and
think what's at issue. Thank you.
MR. WALLIN: Madam Mayor, are they done
speaking?
MAYOR CLARK: Okay. This is all the cards,
except that Lillian Sacco wanted to speak later. But I
would like to clarify that the item on the agenda is the
petition that said either we rescind the development
agreement or we put the issue of the development
agreement on the ballot.
Now, I honestly did not know until after the
signatures were turned in that the development agreement
did not stop the project. And obviously, many of the
speakers here didn't realize that. And my question is
why the investigation wasn't made at the very beginning
as to if you really wanted to stop the project, why
there wasn't an investigation of what would stop the
project. The general plan amendment, if you had done a
referendum on that within the 30 days, could have, and
the deadline passed. Now, my question to those who want
to lead this City, why didn't you investigate what
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UNIDENTIFIED SPEAKER: (Inaudible.)
MAYOR CLARK: Because I voted in favor of
UNIDENTIFIED SPEAKER: And when was that
agreement made? When did you change the general plan?
MAYOR CLARK: Everything was done at the
September meeting
UNIDENTIFIED SPEAKER: You're taking legal
advice from an attorney who told you you could put a
sign up on the freeway by restructuring the
redevelopment zone. You have a biased legal opinion
there.
MAYOR CLARK: Well, I don't know where you got
the information or the legal advice to
UNIDENTIFIED SPEAKER: Right from this two
years ago. Right in this City Council.
Your same attorney sat there and said they
could put a redevelopment sign up on the freeway. But
when challenged legally, they backed out of that
situation. It's a biased opinion from your legal
counsel.
MAYOR CLARK: Well
MS. ROMERO: You know the spirit of what these
people want. You know the spirit. The spirit of the
people -
- don't
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MAYOR
CLARK:
Excuse me. I understand that.
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But someone who is, as you know very well, Senator, a
leader, investigates and finds out the facts before.
MS. ROMERO: A leader listens to the people. A
leader leads with their heart. A leader makes sure that
we don't play the legalese kind of games. That's what a
leader does.
MAYOR CLARK: Why would someone start a
petition without finding out whether it had legal
grounds?
MS. ROMERO: Do you want us to go out and
collect new signatures while we challenge this legally?
The point is we don't want this.
MAYOR CLARK: But the question before us
tonight is what you circulated on this not you,
because you're not a resident here, but on this petition
that says, "We request that you rescind the development
agreement or put it on the ballot." That's all we can
do tonight.
UNIDENTIFIED SPEAKER: Well, 2600 people saia
they don't want Wal-Mart.
MAYOR CLARK: But what you put on the petition
was rescind the development agreement. But you hired
an attorney. Someone did someone did not do the
research. I'm sorry. That's not our fault.
UNIDENTIFIED SPEAKER: Your people do not want
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it.
MAYOR CLARK: That is
UNIDENTIFIED SPEAKER: You know they don't want
MR. GAY: Can I take the floor?
MAYOR CLARK: Ron, yes.
MR. GAY: Can I have the floor?
MAYOR CLARK: Sure.
COUNCILMAN IMPERIAL: Your name and address.
MR. GAY: Yes. Ron Gay, 4106 Encinitas Avenue,
Rosemead. Bottom line here, folks, you're here to
represent us
Number 2, I voted for all you folks when you
came, other than Bill, who hasn't had an election yet,
because I trusted you. Honest to God, that trust is
broken. It is gone. You're looking at Wal-Mart,
largest corporation in the world, richest corporation in
the world. How many attorneys do you think they have
here tonight?
COUNCILMAN IMPERIAL: You've got one from the
union, don't you?
MR. GAY: What's that?
COUNCILMAN IMPERIAL: Aren't you a union
attorney?
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MR. GAY: Can I have the floor, Jay, please?
I've got the floor. Thank you.
UNIDENTIFIED SPEAKER: No. For the record, I
am not a union attorney.
MR. GAY: Okay. Bottom line, we do the dog and
pony show at Rosemead auditorium. Okay. You've got a
slew of Wal-Mart people, attorneys I mean, it's a
fiasco, folks. You've got people that you do not listen
to. Okay. You do not listen to us. And if you think
we're going to lie down like I told you before, we'll
go all the way, folks. The bottom line is the bottom
line is if you're going to play these little games
where, ooh, we've got this little thing. We can screw
them here or do this or do that. Bottom line, folks,
you're all going to be held-accountable.
You know, I went to the post office on Friday
night, there was nothing hanging on the post office
where it should have been posted, just like the
library. Now, who is to say that our little friends on
your side weren't set up to go over there and yank these
things down. My God, Jay, you yourself
COUNCILMAN IMPERIAL: They were there when I
checked my mailbox.
MR. GAY: Oh, probably right after it went in,
Jay.
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COUNCILMAN IMPERIAL: Well, then somebody came
in after. But they were there. One damn thing I am not
is a liar.
MR. GAY: Did I say you're a liar, Jay?
COUNCILMAN IMPERIAL: No, you're indicating
that.
MR. GAY: No, I did not indicate that, Jay. I
told you what happened when I went in and what I saw.
Okay. This whole thing smells of rotten eggs
from the very beginning. The fact that you have been so
closely tied with Michael Lewis who thank you,
Michael, by the way. You write beautiful letters for
everybody. You do a great job, Mike.
But bottom line, when you, Jay, yourself, a
Councilmember, are partaking with the PRIDE group and
are keeping our own SOC people who really care about
this city, "You can't come in here. This is private."
What kind of nonsense is that?
COUNCILMAN IMPERIAL: Let's go a little
further. Mr. Bevington sent a letter saying that I
should not participate because I went to a meeting. I
went to a meeting, was outvoted, without knowing
anything except for I wanted to hear what was going on.
I was not a part of the group.
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COUNCILMAN IMPERIAL: Okay. I was there to
make sure that everything was running smoothly, and that
was it.
MR. GAY: And I agree. You were there to make
sure things were running smooth. No. I'm saying
exactly what you said, Jay.
COUNCILMAN IMPERIAL: You don't tell the truth
all the time. You're the one that stood up there during
that meeting and said, "Imperial, we want you."
MR.-GAY: No, I think you have illusions of
grandeur. I really do. And I don't want to get into
this kind of back and forth.
COUNCILMAN IMPERIAL: Well, you have gone into
it, because don't call me a liar, because that's one
thing I don't do.
MR. GAY: Did I call him a liar, folks? Thank
you. We know where you stand.
DR. SACCO: What we want to know is exactly
what Wal-Mart will have the right to do. Even if you
rescind 836, exactly what rights does Wal-Mart have,
specifically, in plain English?
MR. WALLIN: At the September meetings,
Wal-Mart had applications for conditional use permits
and for a partial map and for a general plan amendment.
The general plan amendment made the zoning consistent
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with the general plan, allowing the Wal-Mart development
to go forward. The CUPs allowed them to on one of
the parcels, to divide it up into two different units.
It's called a mini our mini mall ordinance requires
to get a CUP in order to divide a building. One of the
outparcels was going to be divided into more than one
user, so that was one approval they got.
They also got approval for a conditional use
permit for beer and alcohol sales at the Wal-Mart. They
also got approval of a parcel map. Those approvals are
all the approvals they need to proceed with the
development. So at the present time, Wal-Mart is in
a has the legal approvals to proceed with the
development. And rescission of the development
agreement is not going to affect that. All it will
affect all rescission of the development agreement
does is it protects Wal-Mart against future land use
changes that might somehow affect those entitlements.
And it also gives them 10 years to build out. That is
the legal consequence.
DR. SACCO: But when the vote was taken on
September 14th, the final action was the introduction of
Ordinance Number 836, which is the ordinance which
approves the development agreement which would grant
Wal-Mart these entitlements. Now, if you rescind 836,
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Wal-Mart does not have those entitlements.
MR. WALLIN: Wal-Mart would continue to have
the there were several resolutions adopting a
resolution approving the CUPS, a resolution approving
the change in the land use element, and the resolution
of approval of the parcel map. Those in and of
themselves, adoption of those resolutions granted the
rights. That's what I'm telling you.
And the development agreement only took that
package of rights and said, "This is protected for 10
years." You take away that, and it's no longer
protected for 10 years.
DR. SACCO: What were the entitlements that the
development agreement granted Wal-Mart? What were those
entitlements? That's the very wording from the
MR. WALLIN: Let me try again. There is
conditional use permits which will allow them to operate
their store in a way that they want to operate their
store.
DR. SACCO: And that was not part of the
development agreement?
MR. WALLIN: No. There was a general plan
amendment that made the land use element consistent with
what Wal-Mart intended to build there, and there is a
parcel map. They have to subdivide that property. What
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the development agreement did was it said, "This bundle
of rights that you have is going to be good for 10 years
and can't be changed by the City Council."
DR. SACCO: Who drew up the agreement? Was
there a conference with the Wal-Mart lawyers so that
they knew for sure that they were protected? Why was
there an agreement drawn up that was obscuring in so
many respects so that people did not have the right to
take the kind of action they wanted to take?
MR. WALLIN: Under state law when an applicant
asks you to enter into a development agreement, you're
required to proceed to with to consider the
development agreement. They requested a development
agreement because they wanted the rights that we're
talking about to be not unchangeable for a period of
10 years, and they wanted the right to exercise that
you know, over that 10-year period. That's what the
development agreement did.
DR. SACCO: Okay. Rescinding 836 has no effect
at all? Is that what you're saying?
MR. WALLIN: Right. They no longer have 10
years to do everything. They no longer have protection
against future land use changes.
DR. SACCO: What effect does Ordinance Number
836 have if you don't rescind it? What is Ordinance 836
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MR. WALLIN: Ordinance 836 approves the
development agreement.
DR. SACCO: Okay. It approves the
development. And if you rescind 836, the development
can still proceed?
MR. WALLIN: Yes.
MAYOR CLARK: If I may. The development
agreement said they had 10 years to do the project,
because my understanding is that Wal-Mart does not have
the infrastructure for the Super Wal-Mart, the
groceries. So they wanted to be able to build the
regular store like in Baldwin Park and whatever now, and
then down the road three or four years or whatever, when
they got the infrastructure for merchandise groceries,
then they would be able to expand to build the super
center part.
Am I making that clear?
DR. SACCO: No, that's still double talk.
You're saying that that's the development agreement, and
then you're saying if you rescind it, they can still
develop. To me, that doesn't make sense at all.
Does it make sense to you?
THE AUDIENCE: (Noes.)
MAYOR CLARK: Would you like me to try to
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explain it again?
DR. SACCO: Something is wrong. Something is
wrong the way it was written so that the rights of the
people were taken away.
MAYOR CLARK: If I may explain, please. They
wanted to be able to do it in two stages, in simple
English. In two stages. They asked for the agreement
to be able to delay the implementation of the final
store, all right, the groceries. Rescinding that part
says they cannot take 10 years to do that. They have to
do it all within normal time, which is apparently one
year, if you don't act on it.
Now, I am amazed that someone didn't ask
that do that research. I believe you hired a lawyer.
And I don't know what kind of legal advice you got, but
well, we voted our feeling was that the people
would benefit from the Wal-Mart. Now, we obviously
disagree. Okay. That's a given.
UNIDENTIFIED SPEAKER: Put it to a vote. Why
wasn't it originally put to a vote to the people?
COUNCILMAN TAYLOR: Madam Mayor, we're not
obligated on each action that we take to have an
election because
UNIDENTIFIED SPEAKER: This affects our lives.
COUNCILMAN TAYLOR: We're representing 55,000
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people.
UNIDENTIFIED SPEAKER: And because you
represent 55,000 people, you should have put it to a
vote to us. If the City as a whole agreed to it, said
yes, fine. Then we accept it. But to have a few
members of the community say yes, that's not a just
MAYOR CLARK: Well, this is representative
government, and we're elected to make those decisions.
Now, you can vote us out of office, that's fine. That's
part of democracy.
UNIDENTIFIED SPEAKER: Not on an issue that's
as explosive in other communities as it has been.
MAYOR CLARK: But my question is why didn't
someone do the research to find out what would have
stopped the project? I'm sorry.
Excuse me. There were people that took
control of the project.
UNIDENTIFIED SPEAKER: Well, we did the
business
MAYOR CLARK: I don't think so. I think you
UNIDENTIFIED SPEAKER: But now what?
MAYOR CLARK: Just to clarify, none of us saw
the petition that was being circulated until after it
was I asked people. I said, "Has anybody seen the
petition? Has anybody seen the petition?" Nobody had
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1 seen it. People, when they went over to the carnival at
2 St. Anthony's, they came back and said, "Well, it says
3 something about signatures signature gathering and
4 the use of your signature."
5 And I said, "Well, what else? What else did it
6 say? Did it say Wal-Mart on it?" The actual
7 petition
8 UNIDENTIFIED SPEAKER: No wonder Imperial made
9- a motion to rescind it. No wonder, because he knew what
10 he was doing. No wonder it got a second.
11 MAYOR CLARK: Well, you read our Staff report.
12 Why Larry didn't read it and understand it is amazing.
13 UNIDENTIFIED SPEAKER: It's too good to be
14 true.
15 MAYOR CLARK: Why the rest of you didn't? The
16 Staff report says
17 UNIDENTIFIED SPEAKER: You know the spirit of
18 it. What about the spirit of what we're saying?
19 MAYOR CLARK: Let me finish about the
20 petition. This is amazing to me.
21 UNIDENTIFIED SPEAKER: You said that. All
22 right. You said that many times.
23 MAYOR CLARK: But you're not letting me finish,
24 I would like to finish my thought.
25 Okay. When people came back and talked about
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the petition, I said, "Does it say Wal-Mart on the face,
that the signatures the person that's going to sign
it, does it say Wal-Mart?" No, it doesn't say
anything. It says, "Referendum against an ordinance
passed by the City Council." It doesn't even say the
ordinance number. You could have been voting on keeping
prostitution out of the hotels for all anybody knows.
I am amazed that a legal petition that had
passed legal muster because, yes, you had the
development agreement folded behind, so it was legal.
This half-inch document was there. But Joe Voter who
saw it, all he saw was this petition could be circulated
by a paid signature gatherer, and you have the right to
ask. And the second paragraph says, "The use of your
signature for any other purpose is a misdemeanor."
Now, Estelle, if you and I were writing this,
and we fought together many issues, you and I would have
said, "Rosemead is going to allow a Wal-Mart to come
in. If you don't want it or you think the people should
have a right to vote, sign this petition." I'm just
amazed that this didn't say that.
And we know excuse me. We know for a fact
that some people were told to sign it if they were we
know for a fact that some people were told to sign it if
they were in favor of Wal-Mart. I know that for a
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fact. You can't prove that someone was not told that.
UNIDENTIFIED SPEAKER: Do you know who they
were?
MAYOR CLARK: Because they told me that.
People that are not even politically astute at all
UNIDENTIFIED SPEAKER: Are you proud of what
you're doing to your people? Are you proud? Are you
proud as a leader of this city? Are you proud of what
you're doing?
MAYOR CLARK: As a leader of this city, I would
want to see in writing what was intended. And it was
not.
UNIDENTIFIED SPEAKER: People don't want
Wal-Mart.
MAYOR CLARK: Why didn't you say so then? Why
didn't it say "Wal-Mart" on the face of the petition?
You let this leader take over.
UNIDENTIFIED SPEAKER: Hey, if I had the time,
I would have done it. I don't have the time to do it.
MAYOR CLARK: I'm sorry. The research was not
done properly. I think if Estelle had been in
charge, she would have done it right.
MR. GAY: What does that have to do with
anything, Margaret? All you're doing is badgering
Larry.
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MR. BEVINGTON: Mayor, let me make a statement.
Perhaps we can bring this to a head. When SOC did hire
an attorney who specializes in this type of action, he
prepared the petition, and I met with him and talked to
him about it. I'm sure he does not agree with the many
instances what the city attorney has told you as a
result of rescinding the ordinance. The ordinance has
with it all kinds of exhibits, all kinds of approvals,
everything else. It will be submitted to our attorney
for his review. '-We think he has more experience in this
than anybody else we could contact, and we will send
this Staff report and everything in here, if I can get
the resolution the body of the resolution, I would
like to have it so I can send that to him.
The second place, before everybody in the
audience goes home discouraged, there is only one thing
we are doing. We have a lawsuit that your attorney
knows well about that challenges this whole process, and
as many as 20 or 30 major points where we think the
process that you've followed is not legal, is not
proper, and then we'll be going to court on those
purposes.
So before everybody goes home tonight, before
anybody answers any more, we're getting the same pat
ans,,.ers out of the attorney, now the Council we've had
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before or as a matter of fact, the lack of them. And
I think we should terminate this thing and let it be
sent to the attorney. When I first come up here, I said
we're reserving our right to protest this whole process
that's been presented to you by the effect of rescinding
Ordinance 836.
I would advise you, because the other lawsuit
is going on, continuing to be coming up in the next few
months, that both you and Wal-Mart should not take any
actions at all for approvals or allowing them to
proceed. Because if you horse around with this and deny
us what was the intent of this ordinance, then you will
be sued on the other matter for sure, inviting the
process. So I think we said as much as we can say
tonight. The audience was thoroughly disgusted with the-
interpretation that has been made, the standing on the
fine point which the Council is trying to do. And so I
don't see any sense. I think for us, we should go on
home.
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DR. SACCO: If I could just have a moment of
your time. Looking at the verbatim transcript of the
September 14th meeting, Ordinance Number 836 which
approves the development agreement which would grant
Wal-Mart these entitlements. It was Ordinance Number
836 which granted Wal-Mart these entitlements. Okay.
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What are the entitlements that it granted Wal-Mart?
Okay. The first one, approve general plan
amendment so and so changing the land use designation to
land use designation, blah, blah, blah. That was one of
the resolutions that was approved by the development
agreement.
Okay. What was the second one? I should have
marked the parts. But I question what the lawyer said.
The development agreement granted Wal-Mart these
entitlements. If you rescind the development agreement,
then Wal-Mart no longer has the entitlements, because it
was the development agreement that gave them the
entitlements. Now, how do you explain that? That's
plain English. It's right there in black and white.
MR. WALLIN: The development agreement did not
grant them the entitlements. The adoption of the
resolutions regarding the conditional use permit
DR. SACCO: I can't hear you. You're talking
too fast for me. Please slow down.
MR. WALLIN: The adoption of the resolution
approving the conditional use permit, the adoption of
the resolution approving the parcel map, and the
adoption of the resolution amending the general plan
granted them the entitlements. At the public hearing,
it was explained, and I'm going to quote this, this is
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the September 7th public hearing, Brad Johnson stated,
"The next item before the Council is the development
agreement. And this development agreement basically
establishes a time frame for the developer to complete
the project." And essentially, all the agreement has in
it as far as substance is setting a 10-year time frame
for completion of the entire project.
Mr. Bevington during later in that hearing
stated that the development agreement was a fraud or
something to that effect. I don't have the and he
attacked the development agreement. We then went back
and explained, after the public hearing, just what the
development agreement was in essentially the same
terms. There has been no deception on our part
regarding what the development agreement did. And you
are incorrect, Dr. Sacco. The development agreement
only did what Mr. Johnson said here; it essentially gave
them a 10-year time frame in which to pursue the
entitlements that they had been previously granted by
the resolutions.
DR. SACCO: On page 310 of the verbatim
transcript, it says that the Ordinance 836 which
approves a development agreement which would grant
Wal-Mart these entitlements. It was the development
agreement that granted them the entitlements. That's
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the wording. I think there is double talk here, and I
think your interpretation is questionable. I wanted to
make sure I made that point while we were here at this
meeting.
COUNCILMAN TAYLOR: Madam Mayor.
MAYOR CLARK: Mr. Taylor.
COUNCILMAN TAYLOR: I would like to go ahead
and call for the question.
MAYOR CLARK: All right. vote on calling for
the question or just
COUNCILMAN TAYLOR: No.
MAYOR CLARK: All right. We have a motion and
a second to rescind the development agreement. Let's
vote.
MR. WALLIN: Adopt the resolution.
MAYOR CLARK: Adopt the resolution.
MR. WALLIN: The motion would be to adopt
Resolution Number 2004, a resolution of the City Council
of the City of Rosemead reconsidering and rescinding
Ordinance Number 836, an ordinance of the City Council
of the City of Rosemead, California, approving the
development agreement with Wal-Mart Real Estate Business
Trust for the development of property located at the
southwest corner of Walnut Grove Avenue and Rush Street,
development agreement 04-01.
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MAYOR CLARK: All right. Council vote.
UNIDENTIFIED SPEAKER: Now what rights does
COUNCILMAN TAYLOR: We called for the
question, Madam Mayor. It's been explained.
MAYOR CLARK: We called for the question and
that cut off discussion. So we can ask you can ask
after the vote if you want.
UNIDENTIFIED SPEAKER: Okay. I'll ask after
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the vote.
MAYOR CLARK: Okay.
THE CLERK: Please vote.
MAYOR CLARK: Please vote.
(Council voted.)
MAYOR CLARK: All right.
Dr. Sacco, did you want to ask
DR. SACCO: Exactly what does Wal-Mart have the
right to do on that vacant lot on Rush Street? Exactly
what specifically?
MR. WALLIN: In the Staff report, there is a
memoranda a legal memoranda from me. It says if the
ordinance approving the development agreement is
rescinded, the development approvals will remain in
effect, but they will not be protected against future
changes in land use regulations, and they will expire if
not used in accordance with other provisions of law.
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The tentative map expires two years from its approval
subject to a number of provisions allowing extensions
or time period. Government Code Section 66452.6. A
use authorized by conditional use permit becomes null
and void if it has been abandoned or discontinued for a
period of six months.
So they have the right to proceed with the
project, but with those time limits. They no longer
have a 10-year time limit.
UNIDENTIFIED SPEAKER: The people cannot vote
now, so we
MAYOR CLARK: I would like to clarify. The
petition that was that qualified asks for either
rescinding the development agreement or putting the
issue of rescinding the development agreement on the
ballot. That was the
UNIDENTIFIED SPEAKER: So why not put it on the
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ballot?
UNIDENTIFIED SPEAKER: Put it on the ballot.
MAYOR CLARK: I want to make it but
rescinding the development agreement, if in fact it
doesn't stop Wal-Mart, why would I want you to go
through all the time, energy, and money to win a measure
that was irrelevant? Do you follow me?
UNIDENTIFIED SPEAKER: We want to vote on it.
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is
The public wants to vote on it.
MAYOR CLARK: But voting on the development
agreement does not stop the project.
UNIDENTIFIED SPEAKER: We want to vote.
MAYOR CLARK: But that was not what the
petition said. The petition asked for the development
agreement to be rescinded. If the petition had said
and been filed properly on the general plan amendment,
then that would be
UNIDENTIFIED SPEAKER: That's not nice. That's
not fair.
MAYOR CLARK: Well, I would like to know if the
attorney that was hired advised what should have been
the referendum. Was there any question about that?
MS. ROMERO: Mayor Clark, may I just make a
comment?
First of all, I do think this was rescinded.
We have a different interpretation of what that means.
And I would like to thank the members of this community
who came forward to petition their government. They
came up with the signatures, it's brought forward. I
think that's a victory. And we should applaud this
community for basically seeing democracy in action. We
have a disagreement about what this means legally.
We'll see you in court.
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is
But I think the other thing that I just feel
compelled to say is that I don't think I have ever been
at a City Council meeting where I have seen such
disrespect, such disrespect for the people who you
represent, who we represent. And I will say I will
say
MAYOR CLARK: I can't believe we're hearing
that. We sat here and allowed you
MS. ROMERO: You know, I've never in a meeting
in Sacramento quite frankly, I have never seen this
kind of behavior publicly exhibited. And I am appalled.
But on top of that
MAYOR CLARK: Because we voted that you didn't
like?
MS. ROMERO: No, no, no. It was all your
comments beforehand.
MAYOR CLARK: Such as what? I take offense at
that.
MS. ROMERO: Good. Take offense.
But what I would say what I would say is
that you know what the spirit of this is. Legally
you're trying to fight it, fine. I'm not surprised.
It's been done before. It's happening again tonight.
But this is what I would put to you. You certainly know
that there is a significant center of this community who
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does not want to see a Wal-Mart in whatever legalese you
want to couch it. Put it on the ballot. If you stand
up for your pride, let the people speak. Let's not play
the lawyer games. Put it on the ballot and have the
courage have the courage to see democracy in action.
You can rescind anything you want. And you
also have the power to put something on the ballot. If
you're not afraid, we're not afraid. We'll see you at
the ballot.
MR. WALLIN: Please. Please. Don't you
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MAYOR CLARK: We're going to call a five-minute
recess. Thank you.
(Item 5-A ended, 9:42 p.m.)
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REPORTER'S CERTIFICATE
THE UNDERSIGNED SHORTHAND REPORTER DOES HEREBY
DECLARE UNDER PENALTY OF PERJURY:
THAT THE FOREGOING WAS TAKEN BEFORE ME AT THE TIME
AND PLACE THEREIN SET FORTH AND WAS RECORDED
STENOGRAPHICALLY BY ME AND WAS THEREAFTER TRANSCRIBED,
SAID TRANSCRIPT BEING A TRUE COPY OF MY SHORTHAND NOTES
THEREOF.
IN WITNESS WHEREOF, I HAVE SUBSCRIBED MY NAME ON
THIS 31ST DAY OF DECEMBER, 2004.
L6tt`~ -
DAWN M. DAVILA
Certified Shorthand Reporter
Certificate No. 8383
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