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CC - Item 2B - Minutes 04-25-06• • Minutes of the Regular Meeting Rosemead City Council April 25, 2006 Mayor Taylor called the meeting to order at 8:05 PM. Councilman Imperial led the pledge to the flag. The Invocation was led by Mayor Taylor. Roll Call: Present: Clark, Imperial, Tran, Mayor Pro Tern Nunez, Mayor Taylor Absent: None 1. INTRODUCTIONS & PROCLAMATION A. Scott L. Poster, Assistant Fire Chief/Fire Marshall, County of Los Angeles, Mr. Poster introduced himself to the council and residents. Mr. Poster works with development, fire code permits and code enforcement; his office is located in Commerce. B. J ohnny Jee, Assistant Fire Chief Division IX - East Regional Operations Bureau, County of Los Angeles Fire Department introduced himself to the council and residents. His primary responsibility is operations; Chief Jee introduced Magdalena Valdivia - the new Community Services Representative. C. Proclamation: West Nile Virus and Mosquito and Vector Control Awareness Week (April 24th -April 30th) 2. PUBLIC COMMENT FROM THE AUDIENCE Councilmember Tran made a motion to move up the Closed Session Item (Section 5 of the Agenda) to immediately follow the Public Comment section. Alejandro Gandara, residing at 2523 Dubonnet Avenue, spoke in favor of continuation of the election process. Marlene Shinen residing at 8447 Drayer Lane, South San Gabriel, spoke in support of the recall effort and spoke against semi-trucks on Delta. She referenced Condition 46-2005 from the revised EIR which restricts semi- trucks on Delta Avenue. City Attorney Wallin explained that the City can impose restrictions on city streets; however state law provides that the city cannot prevent deliveries from being made. Ms. Shinen relayed a recent incident from March 22, 2006 during which a semi was parked on the wrong CC Minutes - April 25, 2006 Page t of 8 • • side of Delta Street and blew an air horn in a residential neighborhood. She felt residents should be protected by someone directing traffic and that Wal- Mart should be cited for violating Condition 46-2005. Councilmember Clark indicated that Wal-Mart has been asked to submit a schedule and staff has been asked to notify the community within 24 hours of disruptive activities. In addition, she indicated Wal-Mart will be cited if violations occur. Celia Nishimura, residing at 1634 N. Delta Street, South San Gabriel, spoke in support of the recall effort and stated that Rosemead voters have the right to vote. Todd Kunioka, residing at 8400 Wells Street, expressed concern about truck traffic on Delta Avenue and voiced support about comments expressed earlier by Marlene Shinen. He also spoke in support of the reinstatement of the prior recall effort put on hold by court order. Juan Nunez, residing at 2702 Del Mar, spoke about trash issues and waste reduction. Margaret Baumann, residing at 8305 Scenic Dr., South San Gabriel, spoke in support of signage on Delta Avenue and encouraged the council to allow residents an opportunity to vote in the recall election. John Sanchez, who resides in Arizona but has family in town, spoke in support of Wal-mart. He indicated all companies have a right to open a business and as a result, the city will generate funds and jobs. Polly Low, residing at 1039 La Presa, spoke in support of the City Clerk seeking clarification to proceed with the recall election and also voiced concern about traffic problems associated with the new Wal-Mart. Lillian Sacco, residing at 3220 Walnut Grove Avenue, spoke in support of the recall election. Yuki Fukumoto, residing at 1807 Delta Avenue, supported the recall election and restrictive signage on Delta Street. Ms. Fukumoto read a definition of the term "recuse" and urged Mayor Taylor and Councilmember Imperial to recuse themselves from voting about the recall election. Frances Chavez, residing at 4721 Bartlett Avenue, spoke in support of the recall election and referenced a San Gabriel Valley Tribune poll that indicated a majority of residents are opposed to the Wal-Mart. CC Minutes - April 25, 2006 Page 2 of 8 • 0 Julie Wang, City of Alhambra resident and Save Our Community volunteer, spoke in support of the recall election and encouraged the council to put public service before public office. Brian Lewin residing at 9442 Ralph Street, spoke in support of the recall election and agreed with Mr. Sanchez's assertion that businesses have a right to open a business, but added that residents have the right to say "No" Mr. Lewin also spoke in support of the Delta Street signage issue and asserted that Wal-Mart deliveries can be made from Walnut Grove. Mr. Lewin asked Mayor Taylor and Councilmember Imperial recuse themselves from the closed session election issue. Councilmember Tran requested in the form of a motion, with a second by Mayor Pro Tern Nunez, that Mayor Taylor and Councilmember Imperial recuse themselves from the closed session election issue due to a conflict of interest. Mayor Taylor asked the City Attorney to clarify if he had a conflict of interest in participating in voting for the closed session item. City Attorney Wallin indicated that Mayor Taylor did not have a financial conflict of interest in voting on the aforementioned item. The council voted verbally to ask Mayor Taylor to recuse himself from the Closed Session item. Vote resulted: Yes: Tran, Nunez No: Clark, Taylor Abstain: Imperial Absent: None The Council (except for Councilmember Imperial who recused himself from the discussion) then moved into closed session at 9:05 pm. 3. CLOSED SESSION Conference with Legal Counsel - Existing Litigation - Government Code 54956.9 (a) Name of Case: Jay Imperial, et al v. Nina Castruita, et al The Council returned to session at 10:04 pm and public comment regarding the closed session item was heard. Larry Bevington, residing at 8372 Rush Street, spoke in support of the recall election and urged Councilmember Clark to vote to continue the election. Jim Flournoy, residing at 8655 Landisview Lane, let the Council know that SOC can intervene in the Imperial vs. Castruita case. If they do that, the City will have to respond, which will increase costs to the City. Mr. Flournoy suggested the City would save money by seeking direct court clarification. In CC Minutes - April 25, 2006 Page 3 of 8 • addition, Mr. Flournoy also pointed out that no matter what state law says about deliveries, Wal-Mart as part of their conditional permit, agreed not to use Delta Street for deliveries. Isabelle Sabagun, residing at 1634 Y2 Delta Avenue, lives directly across from the Wal-Mart construction site. She expressed concern about construction noise and sign vandalism in her neighborhood. Mayor Taylor requested staff look into the noise problem at the construction site. Alejandro Gandara, residing at 2523 Dubonnet Avenue, advocated that the City should not pay attorney fees for Lang Lee and Jay Imperial pertaining to Imperial vs. Castruita. Councilmember Tran made a motion, with a second by Mayor Pro Tern Nunez, to authorize the City Clerk, while maintaining a neutral position, to seek clarification from Judge Klausner on the status of the recall in light of the granting of the rehearing of Padilla vs. Lever, allow the proponents of the recall to intervene in the lawsuit and if the Judge lifts the injunction and allows the recall to proceed, to request that the judge remand the resetting of the recall election to the City Council of Rosemead for setting at the Council's discretion between August 15 and September 19, 2006. Councilmember Tran asked City Clerk Castruita to explain why the election could not take place on June 6. Ms. Castruita contacted the County Registrar Recorder who indicated consolidation with the County's June Primary was not an option as the ballots have already been printed. In addition, Ms. Castruita cited as reasons for the recommended timeline: conflicts with certified election vendors and additional time needed to achieve Consent Decree compliance. THE SECTION BELOW IS VERBATIM AT THE REQUEST OF MAYOR TAYLOR: Mayor Taylor 'Td like to make a comment that this goes back more than just the February 7 election. There was a lot of deception and fraud that went on with the previous election. That was when Mrs. Clark was re- elected. There was literature sent out, paid for by the unions, that accused this City Council of crimes of destroying voting material. I'm going to ask the City Clerk right now that I've asked her for a letter stating that you still have those referendum petitions in your possession." City Clerk Castruita: "Yes I do." Mayor Taylor: "1 need that letter as soon as possible because five weeks after the election of March, one year ago, five weeks afterwards, the attorney representing the SOC group came in and wanted to verify all of CC Minutes - April 25, 2006 Page 4 of 8 the election materials - how the election went and just verifying the results. Five weeks after that, one of the workers working with the SOC group, told us, he told us afterward, not that date, they decided they had to do a recall because they needed to get the other votes to stop Wal-Mart. So the issue was: to stop Wal-Mart, they did not have any other option. So...bottom line was, this was to stop Wal-Mart, because they didn't get the three candidates during that election. And there were other people involved with the false literature that went out and it included our State Senator Gloria Romero, our State Assemblywoman Judy Chu and the Financial Secretary of the LA County Federation of Labor. They were deliberate, outright lies and libel that was put out. I'm only telling you this to interconnect all of it, how it keeps going. And all of that documentation will be put together. And so again, for the fourth time, I will vote no on this item. Alright... are you ready for a?" Audience Member. "For a motion." Mayor Taylor: "Want to call for the question. Ready to vote? And, I'd like the City Clerk... that - I need those comments verbatim because it can all be backed up. " END VERBATIM SECTION Vote resulted: Yes: Clark, Nunez, Taylor, Tran No: None Abstain: Imperial Absent: None Mayor Taylor called a five minute recess after the vote, at Councilmember Tran's request. 4. CONSENT CALENDAR A. Resolution No. 2006-10 Claims and Demands Recommendation: Adopt Resolution No. 2006-10, for payment of City expenditures. Installation Red Curb at 8755 Valley Boulevard A request was received by City staff to investigate the visibility of vehicles on Valley Boulevard when exiting Jim's Burgers at 8749 Valley Boulevard. The request indicated that vehicles parked in front of the adjacent apartment building to the east (at 8755 Valley Boulevard) blocked visibility for exiting vehicles. The CC Minutes - April 25, 2006 Page 5 of 8 • • Traffic Commission recommended installing 15 feet of red curb in front of the apartment building at 8755 Valley Boulevard. Recommendation: That the City Council approve the Traffic Commission's recommendation to install 15 feet of red curb in front of 8755 Valley Boulevard. C. Request to Install "No Trucks Over 3 Tons" Signs on Delta Avenue Los Angeles Department of Public Works, on behalf of local residents, requested that both the County and City post "No Trucks Over 3 Tons" signs on Delta Avenue between Rush Street and San Gabriel Boulevard. Section 10.08.010 of the City of Rosemead's Municipal Code currently prohibits any vehicle exceeding 3 tons on Delta Street, except for those vehicles "making pick-ups or delivery of goods..." As a matter of practice such signs are not installed; however, the Traffic Commission recommended that the signs be installed on Delta Avenue south of Rush Street. Recommendation: That the City Council approve the Traffic Commission's recommendation to install "No Trucks Over 3 Tons" signs on Delta Avenue south of Rush Street D. Approval of Tract Map No. 53650 - 4619 Muscatel Avenue Tract Map No. 53650 is being submitted for consideration and approval along with an undertaking agreement and bonds to guarantee the construction of curb and gutter, roadway and sidewalk; mainline sewer and laterals, water main and services, street lights and installation of survey monuments subsequent to the recordation of the tract map. Easement dedications are required to be granted on the map for public street purposes. Recommendation: That the City Council: 1. Approve Tract Map No. 53650; 2. Approve the undertaking agreement; 3. Accept the street dedication; and 4. Direct the City Clerk to arrange for the recordation of the map. E. Approval of Tract Map No. 62269 - 7931-7945 Whitmore Street Tract Map No. 62269 is being submitted for consideration and approval along with an undertaking agreement and bonds to guarantee the construction of street, storm drain and sewer improvements subsequent to the recordation of the tract map. Easement dedications are required to be granted on the map for public utility and drainage purposes. Recommendation: That the City Council: CC Minutes - April 25, 2006 Page 6 of 8 0 0 1. Approve Tract Map No. 62269; 2. Approve the undertaking agreement; 3. Accept the utility and drainage easement dedication; and 4. Direct the City Clerk to arrange for the recordation of the map. AB 1234 Meeting Reports AB 1234 requires that the City Councilmembers and staff provide a brief report on meetings attended at City expense at the next regular City Council meeting. The City Clerk has received three written reports filed by Mayor Pro Tern Nunez, Councilmember Clark and City Manager Andy Lazzaretto. Recommendation: That the City Council receive and file said reports. Councilmember Tran, with a second from Councilmember Clark, made a motion to approve the Consent Calendar items as stated above. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM CITY COUNCIL & STAFF A. Mayor's Committee Appointments for 2006-2007 Assignment of the entire list of appointments was deferred to the following meeting; Councilmember Tran made a motion to approve a portion of the list with upcoming meetings: • San Gabriel Valley Council of Governments: Councilmember Clark, delegate. • Los Angeles County Sanitation District: Mayor Taylor, delegate; Councilmember Clark, alternate. • Southern California JPIA: Mayor Taylor, delegate. • Southern California Association of Governments: Mayor Pro Tern Nunez, delegate. CC Minutes - April 25, 2006 Page 7 of 8 Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Pro Tern Nunez asked for an update regarding a half-way house on Graves. Mayor Taylor directed staff to update the council. Mayor Taylor requested the City Manager survey the graffiti removal at Valley & Mission Blvd. Apparently gray paint was used to cover a brown wall. Mayor Taylor reported on the night watch graffiti stake-out and indicated additional follow-up is required. The council, community members and Lt. Wallace discussed potential ways to combat the graffiti problem in the city. A citizen's patrol, informant rewards, photo surveillance system, sharing of a tagger database with the City of El Monte, and Teflon-coated paint were discussed. 6. ADJOURNMENT Councilmember Tran made a motion, with a second by Mayor Taylor to adjourn to Tuesday, May 2, 2006 at 10:00 am for the purpose of touring City Council Chambers of neighboring cities. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None There being no additional items the meeting was adjourned at 11:05 pm. The regular Council meeting of May 9, 2006 will convene at the standard 8:00 p.m. in the Council Chamber located at City Hall. CC Minutes - April 25, 2006 Page 8 of 8