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CC - Item - Minutes 12-14-04• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL DECEMBER 14, 2004 NOT O 7aCIA L 4LINTIL ADOPTED S )r THk ROSEMEAD CITY COUNCIL The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Vasquez. The Invocation was delivered by Councilman Taylor. ROLL CALL OF OFFICERS: Present: Councihnembers Alarcon, Vasquez, Taylor, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: JULY 27, 2004 - REGULAR MEETING MOTION BY COUNCILMAN ALARCON, SECOND BY COUNCILMAN VASQUEZ that the Minutes of the Regular Meeting of the Rosemead City Council held on July 27, 2004, be approved as submitted. Before vote could result, more discussion ensued. Councilman Taylor had corrections to the same sections of the minutes, as lie had with the Rosemead Housing Development Corporation Meeting minutes of the same date. They are as follows: "......and, that he does not want to bail out the slum lords of the property, we do not even know who the owners are. Juan Nunez, 2702 Del Mar, Rosemead, stated that he had asked at the Housing Development Meeting just adjourned, whether the property owners have been given $ %2 million to upgrade their properties. Mayor Clark confinned that the property owners have not been given any money. The maker of the Motion and Second agreed to that the Minutes be approved as corrected. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCM IN: 12-14-04 Page 41 11 ~J WALNUT GROVE AVENUE AND RUSH STREET (DEVELOPMENT AGREEMENT 04- 01). Before vote could result, more discussion ensued. Mayor Clark then called upon those in the audience that had requested time to address the Council. The first person called upon was State Senator Gloria Romero. Please see transcript for their comments. After discussion, vote resulted: Yes: Vasquez, Alarcon, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARINGS A. PUBLIC HEARING - RESOLUTION NO. 2004-52 - PERTAINING TO THE EXPENDITURE OF COMMUNITY DEVELOPMENT COMMISSION TAX INCREMENT REVENUES ON THE ROSEMEAD PUBLIC SAFETY CENTER LOCATED AT 3018 N. CHARLOTTE AVENUE The City Manager presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak for or against this item. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Council adopt Resolution No. 2004-52. Vote resulted: Yes: Vasquez, Alarcon, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2004-51 - CLAIMS AND DEMANDS CCM IN:12-14-04 Page #3 • • The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,354,334.46 NUMBERED 47400 THROUGH 47619 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMEMBER that the Council adopt Resolution No. 2004 . Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Item CC-A was pulled for discussion purposes) CC-B REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION CC-C REQUEST FOR ADDITIONAL STOP SIGNS AT THE INTERSECTION OF DOROTHY AVENUE AND KELBURN AVENUE CC-D APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 60795 - 8828 RAMONA BOULEVARD CC-E ACCEPTANCE OF THE ANNUAL REPORT OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR FISCAL YEAR 2003-2004 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Vasquez, Alarcon, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCM IN:12-14-04 Page #4 • • CC-C ORDINANCE NO. 838 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CHAPTER 9.08 OF THE ROSEMEAD MUNICIPAL CODE - ADOPT Juan Nunez, 2702 Del Mar, Rosemead, stated that the ordinance does not have any teeth in it and is unenforceable. Mr. Nunez then asked how can you prove that someone is urinating in public, especially if there are no witnesses. Councilman Taylor agreed that it is frustrating, and that someone has to witness and verify the complaint. Law enforcement will do the best they can to enforce this ordinance. However, without this ordinance, the District Attorney's office would not enforce these infractions. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Ordinance No. 838. Vote resulted: Yes: Vasquez, Alarcon, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Councilman Vasquez commended the Sheriffs motorcycle deputies for their performance in the Top Gun Competition. Lt. Wallace reported that they placed in the top 5 in the proficiency test on their motorcycles. VIlI. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:15 p.rn., in memory of Mark Padilla and in memory of Rick Scott, former Coach at Rosemead High School. The next regular meeting will be held on Tuesday, December 28, 2004, at 8:00 p.m. Respectfully submitted: APPROVED: CCMIN:12-14-04 Page a5 E City Clerk 0 MAYOR CCM IN:12-14-04 Page #6 PRESENTATIONS: ORAL COMMUNICATIONS FROM THE AUDIENCE Maureen Bateman, 8628 Zerelda Street, Rosemead, President of the Soroptomist of Rosemead, stating that they will be providing a candidate's forum for the Rosemead City Council candidates on February 15`h , 7:00 p.m., at the Rosemead Community Center. The qualified candidates will be invited to appear that evening. Juan Nunez, 2702 Del Mar, Rosemead, stated that at the last meeting he had complained that he was being charged for the recycle boxes and questioned what the City's refuse contract, as to whether or not residents were supposed to be charged for replacement boxes. Councilman Taylor asked Mr. Nunez if staff had responded to his questions yet. Mr. Nunez expressed his concern over cars parked on the street in front of the trash cans, which blocks the trash truck drivers from reaching the cans. Item VA. was taken out of order in deference to those in the audience wishing to speak on this item. Younger Reporting Services transcript of Item V.A. is on file in the office of the City Clerk and is incorporated herein by this reference. V. MATTERS FOR DISCUSSION AND ACTION A. CERTIFICATION OF REFERENDUM PETITION ON ORDINANCE NO. 836 (WAL-MART DEVELOPMENT AGREEMENT) Peter Wallin, Deputy City Attorney and explained that the City Clerk is going to certify that 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. Mr. Wallin then explained the referendum petition process. The City Clerk then presented the staff report and noted that Wal-Mart's representatives have requested that the Council repeal Ordinance No. 836 and that their letter is attached to the staff report. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt RESOLUTION NO. 2004-43, A RESOLUTION RECONSIDERING AND RESCINDING ORDINANCE NO. 836 - APPROVING A DEVELOPMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CCM IN: 12-14-04 Page a2