CC - Item 3B - Minutes 12-27-05MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
December 27, 2005
Mayor Imperial called the regular meeting of the Rosemead City Council to order at 8:05 pm in the Council
Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
Mayor Pro Tern Taylor led the Pledge to the Flag. Councilmember Tran delivered the Invocation.
ROLL CALL OF OFFICERS:
Present:
Absent:
APPROVAL OF MINUTES:
Councilmembers Clark, Nunez, Tran,
Mayor Pro Tern Taylor and Mayor Imperial
None
June 1, 2004 - Adjourned Meeting
June 22, 2004 - Regular Meeting
Motion by Mayor Pro Tern Taylor, second by Councilmember Clark that the council
approves said minutes. Vote resulted:
Yes:
Clark, Imperial, and Taylor
No:
None
Absent:
None
Abstain:
Nunez, Tran
Mayor Imperial declared said motion duly carried and so ordered.
September 13, 2005 - Regular Meeting
Motion by Mayor Pro Tern Taylor, second by Councilmember Clark that the council
approves said minutes. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, and Tran
No: None
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carried and so ordered,
ORAL COMMUNICATIONS FROM THE AUDIENCE
Julie Wang residing at 1012 S. Marengo Avenue, Alhambra spoke about the lawsuit filed
by Mayor Imperial regarding the Voting Rights Act and questioned whether Mayor Imperial
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had a right to file a suit on a personal jurisdiction basis. Ms. Wang is a Save Our
Community volunteer.
Tam Vuong residing at 8923 Newby Avenue, spoke on behalf of residents on Newby
Avenue in opposition of the trash enclosure constructed at the Rosemead/El Monte Adult
School. The residents are opposed based on sanitation and smell issues. City Manager
Crowe indicated staff share resident concerns. Mayor Imperial instructed staff to contact
the school to let them know they are in violation of their Conditional Use Permit and may
be required to appear before the Planning Commission and conduct a public hearing for
area residents.
Marlene Shinen residing 8447 Drayer Lane, South San Gabriel spoke about the Wal-Mart
Environmental Impact Report, indicating Judge Jaffe was not in favor of the report results.
Mayor Pro Tern Taylor pointed out to Ms. Shinen that Judge Jaffe had approved the
original EIR and determined the temporary restraining order as not applicable.
Alan Wong residing at 3132 Burke Avenue spoke against the Wal-Mart project based on
the corporation's wage discrimination and unfair labor practices.
Barbara Murphy residing at 9125 Bentel Street spoke against the 25% increase in trash
fees to residents. Ms. Murphy asked why more expensive landfills were being utilized, as
opposed to the cheaper two sites. She asked the City Council to reconsider the
amendment to the trash contract. Councilmember Clark asked staff to investigate why
more expensive landfills are being used.
2. PUBLIC HEARINGS
City Attorney Wallin explained Public Hearing procedures.
A. Conditional Use Permit 05-1021; Appeal - 8772 Valley Boulevard
At its October 3, 2005 meeting, the Rosemead Planning Commission approved the
issuance of a new On-Sale Beer and Wine (Type 41) ABC license of a bona fide eating
establishment. Mayor Imperial appealed the approval of the CUP. This item was
continued at the request of the applicant, from the November 22, 2005 Council Meeting.
Al. Resolution No. 2005-41 - A Resolution of the City Council of the City of Rosemead,
County of Los Angeles, State of California, approving conditional use permit 05-1021
appeal establishing conditions of approval for a new on-sale beer and wine (type 41) ABC
license for a bona fide public eating establishment at the Pho King Restaurant; located at
8772 Valley Blvd. in the C3-D (Medium Commercial with a Design Overlay) Zone (APN:
5390-010-038).
Director of Planning Brad Johnson gave a brief history of the timeline and issues
concerning this item.
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Banish Gallon spoke on behalf of the owner of Pho King restaurant and expressed
confusion as to why Mayor Imperial opposed the permit. He maintained the restaurant is a
family establishment and deserves a fair chance without reference to prior tenant activities.
The Planning Commission and staff outlined a list of 31 conditions that need to be met
prior to a permit being granted. The owners indicated they agreed to the conditions with
the exception of the three listed below:
Condition # 20: Removal of Lotto Machines
Condition # 23: Removal of a Service Counter &
Condition # 27: Removal of a Parquet Dance Floor
Mayor Imperial gave a history of the location and outlined difficulties the city faced in
improving conditions with the previous owners.
Mayor Pro Tern Taylor advocated the new owners should be given fair consideration, as a
family-style restaurant and indicated the restaurant would be monitored for violations. He
advocated the permit should be granted, excluding the three objections listed above and
with the addition of the Karaoke designation on the plans as requested by the Planning
Department.
Councilmember Clark asked about oversight from the City if problems occur and
advocated approval of the permit as amended above, with the additional condition that the
council reviews a compliance review staff report in one year.
Mayor Imperial asked the record state: "I went through 10 years of this and this is not
something I want back in the neighborhood".
Motion by Mayor Pro Tern Taylor, second by Councilmember Tran that the council
approve Resolution No. 2005-41 approving Conditional Use Permit 05-1021 appeal
establishing conditions of a approval for a new on-sale beer and wine (type 41) ABC
license for a bona fide public eating establishment at the Pho King Restaurant; located at
8772 Valley Blvd. in the C3-D (medium commercial with a design overlay) zone (APN:
5390-010-038) with: the exceptions of conditions 20, 23 & 27; the addition of the Karaoke
designation on the plans; and the addition of a one year compliance review. Vote resulted:
Yes:
Clark, Nunez, Taylor, and Tran
No:
Imperial
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
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3. LEGISLATIVE
Resolution No. 2005-48: Claims and Demands
A Resolution of the City Council of the City Of Rosemead allowing certain Claims and
Demands in the sum of $2,354,489.82 numbered 51191 through 51519.
Councilmember Nunez made a motion, with a second by Councilmember Tran, to
approve Resolution No. 2005-48. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, and Tran
No: None
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carried and so ordered.
4. CONSENT CALENDAR
The following routine items were put forth before the City Council (Mayor Pro Tern Taylor
requested items CC-C and CC-H be pulled for discussion purposes; Councilmember
Nunez also requested CC-H be pulled):
CC-A: ORDINANCE NO.842-AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING FROM R-1; SINGLE-
FAMILY RESIDENTIAL, TO ZONE R-3; MEDIUM MULTI-FAMILY RESIDENTIAL ZONE,
TENTATIVE TRACT MAP 063143 AND ZONE VARIANCE 05-332 LOCATED AT 4433
WALNUT GROVE AVENUE (APN: 5372-018-039).
Recommendation: That the City Council approve the adoption of Ordinance No. 842,
subject to conditions on second reading.
CC-B: ORDINANCE NO.843-AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING FROM R-2; LIGHT
MULTI-FAMILY RESIDENTIAL ZONE TO PD; PLANNING DEVELOPMENT ZONE
LOCATED AT 8440-8446 DOROTHY STREET (APN: 5288-003-040, 5288-003-041, 5288-
003-042)
Recommendation: That the City Council approve the adoption of Ordinance No. 843,
subject to conditions on second reading.
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CC-D: RESOLUTION NO.2005-49 - SETTING TERMS AND COMPENSATION OF
COMMUNITY DEVELOPMENT COMMISSIONERS
Community Development Commissioners' current compensation will be impacted with the
implementation of AB 11, which will be effective January 1, 2006. This resolution brings
commissioners compensation into compliance with AB 11.
Recommendation: That the City Council adopt Resolution No. 2005-49.
CC-E: ACCEPTANCE OF THE ANNUAL REPORT OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION FOR FISCAL YEAR 2004-2005
Pursuant to California Redevelopment Law, the Community Development Commission is
required to submit an Annual Report of its activities each year to the City Council. The
attached Annual Report for fiscal year 2004-2005 has been prepared by staff and meets all
of the requirements of law.
Recommendation: It is recommended that the City Council accept the Annual Report
CC-F: CITY CLERK EMPLOYMENT AGREEMENT
Pursuant to the City Council's previous action (1) designating Nina Castruita as City Clerk
and (2) directing the City Manager to prepare an employment agreement for Ms. Castruita,
attached for City Council consideration is an employment agreement with Ms. Castruita.
Recommendation: That the City Council approve the employment agreement with Nina
Castruita and authorize the Mayor to execute the same on behalf of the City.
CC-G: APPROVAL OF TRACT MAP 61005- 3313-3319 DEL MAR AVENUE
Tract Map 61005 is being submitted for consideration and approval along with an
Undertaking Agreement and Faithful Performance and Labor and Material Bonds to
guarantee the construction of driveways, curb and gutter, sidewalk, parkway drains, sewer
mainline, water line and survey monuments subsequent to the recordation of the tract
map. Easement dedications are required to be granted on the map for public sewer
purposes. All other conditions of approval have been met.
Recommendation: It is recommended that City Council approve Tract Map 61005,
approve the undertaking agreement, accept sewer easement dedications, and direct the
City Clerk to arrange for the recordation of the map.
Councilmember Tran made a motion, with a second by Councilmember Clark, to
approve the aforementioned Consent Calendar items (minus items CC-C and CC-H). Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, and Tran
No: None
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carried and so ordered.
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Discussion of Item CC-C - RESOLUTION NO. 2005-47 - ADOPTING AN EXPENSE
AND USE OF PUBLIC RESOURCES POLICY
The impetus of this Resolution is a change in state law brought about by the enactment of
AB 1234, effective January 1, 2006. That law requires cities and other governmental
agencies to adopt expense reimbursement policies within specified parameters.
Recommendation: It is recommended that the City Council, after any changes or
amendments, adopt Resolution No. 2005-47.
Mayor Pro Tem Taylor opposed Councilmember expenditures up to $2,500 per trip without
prior Council approval and made a motion to drop down the maximum amount
Councilmembers can spend without approval to $250. The motion died for a lack of
second.
Councilmember Tran made a motion, with a second by Councilmember Clark, to
approve the policy with an amendment limiting international travel at any amount without
Council approval, with domestic trips requiring Council approval if at a cost above $2,500.
Vote resulted:
Yes: Clark, Nunez, and Tran
No: Imperial,Taylor
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carried and so ordered.
Discussion of Item CC-H: AWARD OF BID FOR RE-ROOFING AND REPAIR OF THE
DINSMOOR HERITAGE HOUSE, 9632 STEELE STREET
The 2005-06 City budget includes funds for the repair of the Dinsmoor House's tile roof.
Recommendation: It is recommended that the Council award the contract to
the contract to the lowest responsible bidder
Mayor Pro Tern Taylor requested the item be deferred to next council meeting until the
prevailing wage for both contractors is determined.
Councilmember Clark reminded the Council that the roof is leaking and the rainy season is
approaching.
Councilmember Tran asked the Director of Operations at the Dinsmore Heritage House
about the roof condition; he confirmed that the roof is leaking.
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Councilmember Tran made a motion with a second by Councilmember Clark to
approve the recommendation as stated which indicates that the lowest bidder will be
awarded the contract with the stipulation that minimum wage is provided and awarded to
the next lowest bidder if it is not. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor and Tran
No: None
Absent: None
Abstain: None
5. MATTERS FOR DISCUSSION AND ACTION
Councilmember Tran made a motion, with a second by Councilmember Nunez to
request a closed session to discuss possible litigation by the Garvey School District
against the city pertaining to Wal-Mart. Mayor Pro Tem Taylor opposed the closed session
as nothing had been officially filed in writing by the Garvey School district. Vote resulted:
Yes: Nunez and Tran
No: Clark, Imperial,Taylor
Absent: None
Abstain: None
Councilmember Tran made a motion, with a second by Councilmember Nunez to
request a closed session to discuss the lawsuit filed by Mayor Imperial. Voted resulted:
Yes:
Nunez and Tran
No:
Clark, Taylor
Absent:
None
Abstain:
Imperial
For the record, Mayor Pro Tern Taylor declared he did not have time to review Mayor
Imperial's litigation prior to the meeting, as the litigation was filed the morning of the City
Council's meeting.
6. ORAL COMMUNICATION FROM THE AUDIENCE
Steven Ly residing at 3040 Rosemead Place, clarified for the record that his mother is an
official part of the lawsuit as an ex parte plaintiff. Mr. Lee also commented about oral
communication presented earlier in the meeting and defended the corporate policies of
Wal-Mart.
Jim Flournoy residing at 8655 Landis View, spoke about information he received from a
meeting with Caltrans seismologists. He discussed the Beverly Blvd. Bridge along with the
Hellman Bridge and indicated that building codes for both might be insufficient based on
revised earthquake projections. In addition, Mr. Flournoy advocated additional fault
studies are undertaken before construction at the Wal-Mart site destroys trenches.
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Brian Lewin residing at 9442 E. Ralph Street, presented counter arguments regarding Mr.
Ly's favorable claims about Wal-Mart. Mr. Lewin also asked if some type of administrative
penalty had been imposed on PRIDE as a result of the group's posting of political signs on
park property in front of a facility rented from the city.
Assistant City Manager Wagner indicated Code Enforcement personnel did report one sign
on public property and subsequently removed it.
Councilmember Clark asked for clarification about city policies regarding campaign
fundraisers on city property.
Director of Parks and Recreation, Michael Burbank, explained that groups can not petition
or post signs outside of public facilities. Currently there is no punitive recourse for groups
that violate this policy.
Todd Kunioka residing at 8400 Wells Street, spoke against the claim made that Wal-Mart
is good for labor unions and Wal-mart families. Mr. Kunioka also discussed the lawsuit
filed by Mayor Imperial.
ADJOURNMENT
Being no further action to be taken, the meeting was adjourned at 10:00 pm.
The next regular meeting will be held on January 10, 2006, at 8:00 p.m.
Respectfully submitted:
APPROVED:
City Clerk
MAYOR
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