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CC - Item 4B - Minutes 10-10-06MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL October 10, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:00pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. Mayor Pro Tem Nunez led the pledge to the flag and Mayor Taylor delivered the invocation. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tem Nunez and Mayor Taylor Absent: None 1. PRESENTATIONS Joint Proclamations: Breast Cancer Awareness Month - October End Domestic Violence Month - November Mayor Taylor presented the proclamations to Maureen Bateman who accepted the proclamations on behalf of the Soroptomist Club and expressed gratitude to the council for their support. 2. SPECIAL MUNICIPAL ELECTION MATTERS A. Resolution No. 2006-28 - A Resolution of the City Council of the City of Rosemead, California, declaring the results of the Special Municipal Election held on September 19, 2006 and such other matters as provided by law. Certification of the results of the election to the City Council. Recommendation: That the City Council adopt Resolution No. 2006-28 Mayor Pro Tem Nunez made a motion to approve Resolution No. 2006-28 with a second by Councilmember Tran. Voted resulted: Yes: Clark, Imperial, Nunez, Taylor, and Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-MIN 10-10-06 Page 1 of 11 0 0 3. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen, residing at 8447 Drayer Lane, So. San Gabriel discussed the unexpected addition of the expedited Wal-Mart occupancy permit added to the September 12, 2006 City Council meeting. She summarized the course of events regarding this specific item; Ms. Shinen quoted City Attorney Wallin as stating: "There is nothing on tonight's agenda involving Wal-Mart. If the City Council wants to discuss or instruct staff, it requires four votes to put it on the agenda as an emergency item; other than that, it is not to be considered by the council tonight. " Ms. Shinen also discussed comments made during Public Comment at the Sept. 12, 2006 meeting during which speakers asked if Wal-Mart would open on September 13t". She indicated Mayor Taylor and City Attorney Wallin denied an early Wal-Mart opening. Ms. Shinen asked if these answers were given to leave the audience unaware and off guard. Mayor Taylor stated he had not listened to the tape and therefore had no answer Ms. Shinen asserted Mayor Taylor had a prepared statement which allowed the City Attorney Wallin to start meeting with the Wal-Mart comment. Mayor Taylor responded that he did not have a prepared statement and that the City Attorney's statement was part of normal proceedings. Ms. Shinen then asked why the council waited until the end of the meeting to discuss the surprise motion. Mayor Taylor indicated that the item fell into the "Matters from Officials" section at the end of the meeting. Ms. Shinen clarified that the public was not given the opportunity to participate in the discussion. Mayor Taylor stated he didn't recall if the public spoke on it or not. Ms. Shinen then asked if the District Attorney had requested a copy of the September 12, 2006 meeting audio. Mayor Taylor responded yes, because Mr. Flournoy made a complaint. She then sought clarification on the responsibilities of the Building Inspector to issue occupancy permits and conduct final inspection. Ms. Shinen also asked why Councilmember Clark asked to discuss the opening of Wal-Mart, even after the City Attorney's opening statement. Councilmember Clark responded she wanted to discuss the item, but pointed out that it was actually Councilmember Tran who made a motion to discuss the item. CC-MIN 10-10-06 Page 2 of 11 0 0 Linda Kilpatrick, residing at 4716 Walnut Grove, recommended cameras are installed at intersections where frequent accidents occur. Intersections she cited were: Walnut Grove/Mission, Temple City BlvdNalley; RosemeadNalley; and Rosemead/Marshall. Councilman Imperial requested staff investigate the camera idea and also traffic light timings which may not be long enough for the seniors to cross safely. Mayor Taylor agreed that selective enforcement is needed, especially at the intersection at Rosemead/Marshall where he encountered drivers blocking the intersection. Mayor Pro Tem Nunez mentioned that this topic was discussed with Bill Crowe, the former City Manager, who indicated the challenge in camera installation, was obtaining approval from the sheriffs department. He added the intersections at Muscatel/Garvey and Del Mar/Garvey should also be studied. Councilmember Tran requested the Traffic Commission be involved. Mayor Taylor explained that Engineering Proposal for Traffic Safety Study will be addressed later in the meeting. Jim Flournoy, Rosemead resident, expressed concern about a noxious and invasive weed called Atlantis; its common name is the "Tree of Heaven". This rapid growing weed causes damage to sidewalks and fences and is a fire hazard in the winter. He suggested the Planning Commission or the Parks and Recreation Department investigate and act before the weed spreads throughout the city. Staff indicated they would look into the matter. Caroline Kunioka, residing at 8400 Wells Street, shared her thoughts about healing the City, democracy, and public service. She reminded the Council that Wal-Mart had agreed to provide crossing guards for the next 15 years and urged the Council not to rescind that stipulation, or the one that limits store hours. Fred Herrera, residing at 3879 N. Delta Ave., advocated City healing and also addressed sign removal compliance. He felt that the recall election supported by Councilmembers Tran and Nunez created a hostile environment among Councilmembers. Mr. Herrera described Councilmember Tran's tour of Wal-Mart as non-effective and an alienation of his supporters; he announced a petition is being circulated to recall Councilmember Tran. He cited Councilmember Tran's behavior, personal finances, domestic issues, problems with the law, attitude towards the rest of the Council and City residents as the reasons for recall effort. Mr. Herrera asked Councilmember Tran to resign, saving the City money. Councilmember Tran declined the request to resign CC-MIN 10-10-06 Page 3 of 11 0 0 Todd Kunioka, residing at 8400 Wells Street, spoke about traffic problems at Walnut Grove/Rush. Mr. Kunioka felt the Rosemead Shopper Express is not capable of handling transportation demand at Wal-Mart. Mayor Taylor asked Assistant City Manager Wagner update the Council on the Shopper Express route. Mr. Wagner explained that the Express is using a 30 minute rotation to drop shoppers at Wal-Mart. Mr. Kunioka suggested a MTA or Montebello Bus Line serving Wal-Mart would be ideal in addition to the Shopper Express line. He also advocated improvement of the traffic light and cross walk at the Wal-Mart Walnut Grove exit and the addition of the crosswalk at the exit on Rush St. Mayor Taylor requested staff look into alternative methods of public transportation. Steven Ly, residing at 3040 Rosemead Place, gave a definition of the Godwin's Law. He thanked Councilmember Tran for his Wal-Mart visit and change of heart and desire to work with Wal-Mart. Mr. Ly indicated he sent a press release to Gloria Romero, Judy Chu, UCFW teamsters, and the AFL-CIO highlighting Councilmember Tran's visit captured by Asian media illustrating his change of heart toward Wal-Mart. Mr. Ly also thanked Councilmember Tran for making the motion to discuss the Wal-Mart occupancy permit on an urgency basis at the last meeting. 4. CONSENT CALENDAR A. Resolution No. 2006-27 Claims and Demands Recommendation: Adopt Resolution No. 2006-27, for payment of City expenditures in the amount of $627,466.28 demands 54631 through 54796. B. Minutes June 28, 2005 - Regular Meeting January 24, 2006 - Regular Meeting June 13, 2006 - Regular Meeting August 8, 2006 - Regular Meeting August 22, 2006 - Regular Meeting D. Acceptance of Work for Asphalt Concrete Overlay on Various City Streets CC-MIN 10-10-06 Page 4 of 11 • • The referenced project has been constructed in conformance with the approved plans and specifications. Recommendation: That the City Council accept the referenced project, authorize recordation of the Notice of Completion by the City Clerk; and authorize the release of the 10 percent retention payment 35 days after the recorded date of the Notice of Completion. E. Authorization to Attend League of California Cities 2006 City Clerks New Law and Election Seminar Conference sessions include workshops on New Law and Election updates, FPPC, the Administrative Record, Candidate Packets, Federal Voting Rights Act and its provisions, Ethics AB 1234, Recalls, Initiatives and Referendums, and Meeting Rules of Order. Recommendation: That the City Council authorize the attendance of the City Clerk. Councilmember Tran made a motion to approve the Consent Calendar with a second by Mayor Pro Tern Nunez (item C & F was pulled for discussion purposes). Voted result: Yes: Clark, Imperial, Nunez, Taylor, and Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. Engineering Proposal for Traffic Safety Study A traffic safety study is proposed to analyze various City intersections to determine if they have a higher than normal accident rate and assess what type of traffic improvements can be made to improve traffic safety. Recommendation: That the City Council approve the engineering proposal and direct staff to begin the traffic safety study. Jim Flournoy, Rosemead resident, commented that he was unaware about the purpose of the study, whether RFQ had gone out for it and criticized drivers traveling too fast on San Gabriel Blvd. Mayor Taylor informed Mr. Flournoy that the traffic safety study addresses the ten biggest intersections of concern along with an additional five intersections in the city. CC-MIN 10-10-06 Page 5 of 11 0 0 Councilmember Tran made a motion to approve Consent Calendar Item C for the traffic safety study with a second by Mayor Pro Tern Nunez. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, and Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. F. Request by James Flournoy that City Council Rescind Action Taken September 12, 2006 Regarding Issuance of a Certificate of Occupancy for Wal-Mart Building On September 12, 2006, the City Council took action on an item of business not appearing on the Agenda after making a subsequent need finding. The action taken was to instruct staff to issue a certificate of occupancy for the Wal-Mart building notwithstanding some unfinished landscaping, and to not issue a certificate of occupancy for the Garden Center building until all items of landscaping were completed. Through a letter dated September 19, 2006, James Flournoy made a demand pursuant to Government Code Section 54960.1 that the Council rescind the action. Recommendation: That the City Council take no action on the demand. Todd Kunioka, residing at 8400 Wells Street, inquired about the approval of the certificate of occupancy for Wal-Mart and asked if it was common for a City Council to override staff recommendations conditions of approval. Mayor Taylor explained that he did not believe the Council overruled a condition; rather, the building was 98% complete and fully stocked. The vote of approval from the majority of the Council gave the Director of Planning protection from pressure from the two Councilmembers that opposed Wal-Mart. Mr. Kunioka felt Wal-Mart was granted a special favor in the early issuance of the Occupancy Permit without all of the conditions of approval met. He also questioned the necessity of putting on the item on an urgency basis at the last meeting. Mr. Kunioka reported the Wal-Mart security guard knew they would open on Wednesday several days ahead of time, indicating a well-plotted plan to get Wal-Mart opened early. CC-MIN 10-10-06 Page 6 of 11 0 0 Marlene Shinen, residing at 8447 Drayer Lane, believed the City Council violated the Brown Act during September 12 meeting and requested an explanation from Councilmember Clark for requesting to discuss the Wal- Mart occupancy permit as an emergency item. She also requested clarification about how the item was determined to be an emergency item. Ken Rozell, Assistant City Attorney, explained that under the provisions of Brown Act, the item was not classified as an emergency item, but rather, a subsequent need item. The standard for that type of item is that the need to discuss and take action in an expeditious manner came about subsequent to the posting of the agenda. A notice was given by SOC and the Garvey School District to stop the opening of Wal-Mart after the agenda was posted. Mr. Rozell asserted the City had the right to consider and determine if there was a need to issue a Certificate of Occupancy on an expeditious manner after the agenda was posted. . Mayor Taylor explained he felt a need to give them the Certificate of Occupancy because five out of six lawsuits filed against Wal-Mart were lost because Wal-Mart complies with the law. Mayor Pro Tern Nunez made a motion to approve the Item F of the Consent Calendar, with a second by Councilmember Tran to take no action to the request by James Flournoy that Council rescind action taken September 12, 2006 regarding issuance of a Certificate of Occupancy for the Wal-Mart building. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, and Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 5. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor Pro Tem Nunez requests that staff research improvements to the I- 10 on and off ramps. Councilmember Clark reported the City of Alhambra has a contract with Caltrans to clean up their own freeway ramps and suggested Rosemead do the same, as Caltrans cleans every three months. Mayor Pro Tern Nunez requested the staff investigate the idea to duplicate what Alhambra is doing and also research placing murals on the ramps. CC-MIN 10-10-06 Page 7 of 11 0 0 Councilmember Tran asked if this would be considered a relinquishment of that area by Caltrans or just an assumption of off-ramp maintenance. City Manager Lazzaretto stated Caltrans sets up parameters of maintenance and then the City takes over. The agreement would specify landscaping material the City could use as well as cleaning and maintenance of the ramps. Councilmember Imperial pointed out that this issue was brought up before and the City decided not to take over the responsibility at that time; he urged caution prior to making a commitment. City Manager Lazzaretto indicated staff will look into the Caltrans agreement issue and clarified if the Council wanted to relinquish the right of way at Rosemead Boulevard. The Council responded no and Mayor Taylor asked a letter from the County Sanitation District be copied to all the Councilmembers. Mayor Taylor advocated caution about taking over a portion of the highway as the City may be liable for waste water and chemical clean-up. B. Nomination of Members to the S an Gabriel Valley Council of Governments 1-1011-605 Interchange Task Force The San Gabriel Valley Council of Governments (COG) has requested an appointment of the City's delegate or alternate to participate in a newly formed Task Force. The 10/605 Task Force will be a subcommittee of the SGVCOG's Transportation Committee. Recommendation: That the City Council nominates either Councilmember Clark, who is the City's delegate, or Mayor Pro Tern Nunez, who is the City's alternate. It should be noted that Mayor Pro Tern Nunez has expressed interest in serving on this Task Force. Councilmember Clark asked for clarification as to what the task force will discuss. Mayor Pro Tern Nunez indicated the primary purpose is to improve safety at the interchange. Councilmember Tran made a motion to nominate Mayor Pro Tern Nunez to serve on the 1-10/1-605 Interchange Task Force with a second by Mayor Taylor. Vote resulted: Yes: Clark, Nunez, Taylor, and Tran No: Imperial Absent: None Abstain: None CC-MIN 10-10-06 Page 8 of 11 0 0 6. MATTERS FROM CITY MANAGER & STAFF A. Wal-Mart Construction Update This report is in response to a request by Mayor Taylor for a status update of the outstanding construction related items which are to be completed by the contractor for the new Wal-Mart store building located at 1827 Walnut Grove Avenue. There are items which are to be completed prior to the issuance of the final certificate of occupancy for the garden center building and release of Wal-Mart's letter of credit. The installation of a pedestrian flashing beacon system along Rush Street is also provided for. Recommendation: That the City Council receive and file this report. Mayor Taylor inquired if staff felt certain items on the list were deemed important and made a requirement, why weren't they completed? Specifically he referenced a flashing beacon and a crossing guard. City Manager Lazzaretto reminded the Council that at the September 7, 2005 Council meeting hearing on entitlement, Councilmembers suggested that staff conduct a follow up traffic analysis at the project site after six months of operation to determine if the traffic mitigation measures and the assumptions in the traffic study were accurate. Mayor Taylor asked where in the transcripts of the September 7, 2005 meeting it specified that a traffic analysis should occur prior to the installation of a flashing beacon light. Planning Director Johnson clarified that the transcripts do not specify the analysis be conducted prior to an installation of a flashing beacon light, rather, engineering staff felt would this course of action would make more sense. Mayor Taylor asked staff if a traffic light might be more appropriate versus a traffic beacon. Staff indicated a traffic light might be a better option which is why they recommended a full traffic analysis after traffic has stabilized prior to making changes. Councilmember Imperial cautioned against waiting too long; in the past a man was injured prior to installation of a traffic signal. Councilmember Tran asked how long staff will wait until a traffic analysis will be done. CC-MIN 10-10-06 Page 9 of 11 • • City Engineer Rukavina indicated they would wait until the entire site is developed including the two outlying parcels. Mayor Taylor strongly disagreed with the timeline and asserted that the traffic analysis should be conducted six months from the when Wal-Mart opened. He referenced the minutes from September, 2005 which Council mandated the 6 months from opening timeline. Councilmember Tran proposed the Council direct staff to conduct the traffic analysis 5 months from now. Mayor Pro Tern Nunez pointed out the holiday traffic will be missed if the study is conducted in March. Councilmember Clark asserted that the study timeline won't rule out taking traffic counts during the holidays. Mayor Taylor reference the staff report submitted for the Wal-Mart punch list and asked why issues have not been resolved. He specifically referenced many of the Public Work items such as sidewalk construction. City Engineer Rukavina replied that with the new store going in, staff wanted the entire sidewalk to be brand new, not just patches of it to make it uniform. Based on the high price of sidewalk replacement and the fact that about 95% of the existing sidewalk is in acceptable condition, Mayor Taylor felt the request was unfair to Wal-Mart. Mayor Taylor also asked staff why other projects had not been completed. Staff cited as reasons: lack of appropriate permits and contractor desire to combine similar projects to save costs and time. Mayor Taylor pointed out that Item 8 on the punch list had been crossed out by mistake; the cat tracking had not been completed. He further stated that we wanted to discuss the topic because the punch list items were not being completed. City Manager Lazzaretto acknowledged the projects need to be completed and assured the council they would be done, but could not guarantee a completion date. Mayor Taylor requested a written report in two weeks outlining progress made on the Wal-Mart punch list. CC-MIN 10-10-06 Page 10 of 11 0 0 Mayor Taylor also requested a status report regarding a temporary Certificate of Occupancy issued three months ago for China Bistro Restaurant on Valley Blvd. Mayor Taylor discussed a City information technology assessment distributed to the Council. He inquired about the implied contract for on going technology management and technical support referenced in the report as it might lead to costs of $22,000 if exercised once a week. City Manager Lazzaretto explained that the City Hall's computer network has suffered from a lack of ongoing maintenance but that he will investigate further before any long-term technology commitment. B. Closed Session 1. The City Council will recess to a closed session pursuant to California Government Code Section 54957.6. Conference with Labor Negotiators Agency designated representatives: Andrew C. Lazzaretto, City Manager Oliver Chi, Director of Administrative Services Unrepresented employee: Assistant City Manager 2. The City Council will recess to a closed session pursuant to California Government Code Section 54956.9(b) because, based on existing facts and circumstances, there is a significant exposure to litigation against the City (two cases). The Council recessed to a Closed Session at 10:10 pm. The Council returned from the Closed Session at 11:35 pm; Assistant City Attorney Rozell reported no reportable action was taken by the City Council. 7. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned 11:35 pm. The next regular meeting is scheduled for October 24, 2006 at 8:00 pm. Respectfully submitted: APPROVED: City Clerk MAYOR CC-MIN 10-10-06 Page 11 of 11