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CC - Item - Minutes 03-22-05• 0 YOT 0.7FICIAL UNTIL MINUTES OF THE REGULAR MEETING ADOPTED By THE ROSEMEAD ROSEMEAD CITY COUNCIL MARCH 22, 2005 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 Taylor The Invocation was delivered by Reverend Jonathan Wu of Evergreen Baptist Church ROLL CALL OF OFFICERS: Present: Councilmembers Taylor, Mayor Pro Tern Imperial, and Mayor Clark Absent: Councilmembers Alarcon and Vasquez APPROVAL OF MINUTES: NONE 1. GENERAL ELECTION MATTERS A. RESOLUTION NO. 2005-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 8, 2005, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the Council adopt Resolution No. 2005-04. Vote resulted: Yes: Clark, Imperial, Taylor No: None Absent: Alarcon, Vasquez Abstain: None The Mayor declared said motion duly carried and so ordered. B. ADMINISTRATION OF THE OATH OF OFFICE AND ISSUANCE OF CERTIFICATES OF ELECTION The City Clerk administered the Oath of Office and issued the Certificates of Election to Margaret Clark, John Nunez and John Tran. II. REORGANIZATION OF CITY COUNCIL CCMIN:3-22-05 Page # I 0 • A. SELECTION OF MAYOR Bill Crowe, City Manager, opened the nominations for the office of Mayor for the City of Rosemead. Councilman Taylor placed the name of Mayor Pro Tem Imperial in nomination for Mayor. The vote, by acclamation, was unanimous. B. SELECTION OF MAYOR PRO TEM Councilwoman Clark placed the name of Councilman Taylor in nomination for Mayor Pro Tem. Councilman Nunez placed the name of Councilman Tran in nomination for Mayor Pro Tem. Oral vote resulted: Nunez: Tran Tran: Tran Imperial: Taylor Clark: Taylor Taylor: Taylor The vote resulted 3-2 in favor of nominating Councilman Taylor to the office of Mayor Pro Tem. At this time, the Mayor called upon the newly elected Councilmembers to make any comments if they so desire. Councilman Tran thanked the people and organizations who supported him during the campaign, and commented on improving the quality of life in the community. Mr. Tran pledged to work collaboratively with his colleagues to revitalize Rosemead, and to develop an updated General Plan that will outline specific uses and conditions for the development of housing, retail and park use. Councilman Tran requested that the City Manager explore and research the possibility of instituting the City's own police department. In addition, Councilman Tran requested that an item be placed on the April 12, 2005 Council meeting directing staff to initiate the development of an updated General Plan. At this time, Councilman Tran recognized his supporters, dignitaries and family members in attendance. Councilman Nunez thanked his supporters and members in the community for their efforts during the campaign. Mr. Nunez recognized members from the Alhambra School Board and his family members. Councilman Nunez stated that he is dedicated to doing the best job he can, and that he is looking forward to working with his fellow Councilmembers. CCM IN:3-22-05 Page #2 • C Councilwoman Clark thanked all the people that supported her and worked on her campaign. Councilwoman Clark also recognized dignitaries and school board members. III. ORAL COMMUNICATIONS FROM THE AUDIENCE Fred Mascorro, Rosemead School District Boardmember, thanked Councilwoman Clark for her leadership as Mayor during the past year, and congratulated Mayor Imperial and Mayor Pro Tern Taylor on their appointments. Mr. Mascorro acknowledged former Councilmembers Vasquez and Alarcon for their support of the Rosemead School District. Mr. Mascorro congratulated Councilmembers Nunez and Tran on their election. David Allen, 9727 Olney Street, Rosemead, congratulated the newly elected Councilmembers. Mr. Allen reported that he is concerned that his neighbor's house is a health hazard. Rats and vermin live in the yard, and the yard is used as a trash dump which raises health safety concerns. Mayor Imperial replied that staff will look into his concerns. Joan Mitten, 9331 Marshall, Rosemead, congratulated the newly elected Councilmembers. Ms. Mitten complained that Rosemead once had three grocery stores on Valley Boulevard, and now there is only one, and that store is not a full-service grocery store. Ms. Mitten continued that she is in favor of having a Wal-Mart in Rosemead. In conclusion, Ms. Mitten suggested to Councilman Tran that he remove himself from the Garvey School Board. Mayor Imperial stated that he stressed to the owners the need for a full-service grocery store in Rosemead, and that through the years he has tried numerous times to bring major grocery stores into the City. Allen Co, City of South El Monte Councilman, extended his congratulations to the newly elected Councilmembers. Joaquim Lim, City of Walnut Councilman, offered his congratulations to the newly elected Councilmembers. Long Nguyen, Vietnamese Refugee Community of Los Angeles, P.O. Box 7694, Torrance, congratulated Councilman Tran and recognized Mr. Tran as being the first Vietnamese-American elected to the Rosemead City Council. Mr. Nguyen also congratulated Councilmembers Clark and Nunez. IV. LEGISLATIVE A. RESOLUTION NO. 2005-05 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. CCM IN:3-22-05 Page n3 • RESOLUTION NO. 2005-05 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,190,392.00 NUMBERED 48233 THROUGH 48510 MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMMAN CLARK that the Council adopt Resolution No. 2005-05. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. CONSENT CALENDAR - None VI. MATTERS FOR DISCUSSION AND ACTION - None VII. STATUS REPORTS - None VIII. MATTERS FROM OFFICIALS - None IX. ORAL COMMUNICATIONS FROM THE AUDIENCE - None X. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - GOVERNMENT CODE § 4956.9(a) Name of Case: Save Our Community v. City of Rosemead The City Council convened to a Closed Session at 8:45 p.m. and reconvened at 9:18 p.m. Robert Kress, City Attorney, stated that the Council met in Closed Session to discuss the lawsuit as listed on the agenda. During the course of the Closed Session, there was a motion by Councilman Tran, second by Councilman Nunez to hire an independent counsel to review the Wal-Mart E.I.R. That motion was then placed before the Council to discuss the motion and to record a vote. Councilman Tran stated that the lawsuit will be heard on April 6, 2005, and that it would be beneficial to have a different set of "eyes" look at the E.I.R. Councilman Tran recommended hiring a top CEQA lawfirm to do this. Mr. Tran continued that the City's lawsuit could be costly CCMIN:3-22-05 Page #4 0 • and not successful, and that an independent counsel with CEQA experience could look at the E.I.R. and bring back an opinion prior to the 10 days leading up to April 61n Councilwoman Clark stated that she is against the motion because the lawsuit will be heard on April 6"'. She questioned if Mr. Tran's choice in attorneys implies that Save Our Community (SOC) did not have the best attorney. Councilwoman Clark continued that an attorney, no matter how good they are, could not possibly look at the E.I.R. and related items within 10 days. Even if an attorney could look at this and render a decision or provide input, there is no way that that input could be given to the Court on April 6'n. It would be an absolute waste of taxpayers money. Ms. Clark concluded that even if there was a second set of "eyes", that input would not be included in the pending lawsuit, and that she intends to vote against this motion because it is a waste of taxpayer's money. Mayor Pro Tern Taylor stated that he agrees with Councilwoman Clark, in that the Court hearing is only two weeks away and that it would be a waste of money and effort to try to get a knowledgeable opinion within 10 days. Mayor Imperial stated that he agrees with Mayor Pro Tern Taylor and Councilwoman Clark and that the City already has knowledgeable attorneys. Mayor Pro Tern Taylor clarified that the Motion was made by Councilman Tran and seconded by Councilman Nunez. Mr. Taylor then called for the question. Councilman Nunez stated that regardless of who has the best attorneys, what they are trying to accomplish is to have a fresh set of "eyes" look at the E.I.R. Councilman Tran stated that by getting a second opinion, it could potentially save the City possible lawsuits in the future. Councilman Tran pointed out that if an independent legal counsel could not do this within the time frames, he would not be presenting this opportunity to the Council. Mr. Tran stated that our community deserves a different set of "eyes" to look at this, and while he is not denigrating the City's attorneys, this is another avenue to look at the E.I.R. report. Councilman Tran suggested that the amount spent on independent attorney's fees could be capped, and concluded that this is not to replace the City's legal counsel, but to hire a specialist. Councilwoman Clark asked the City Attorney if there is any way an independent attorney could weigh in on this lawsuit being heard on April 6cn Mr. Kress replied that there is no way that any additional counsel could review the E.I.R. and present any commentary or evidence to the Court. Councilwoman Clark asked even if an attorney could review the E.I.R. in time, would that review be allowed by law to weigh in on the lawsuit? CCM IN:3-22-05 Page #5 0 • Mr. Kress replied that the Court has set a briefing schedule, everyone has adhered to that schedule and that the Court, most likely, would not reopen this matter to hear anything else. Mayor Pro Tern Taylor called for the question. For clarification: MOTION BY COUNCILMAN TRAN, SECOND BY COUNCILMAN NUNEZ that the Council approve the hiring of an independent counsel to review the Wal-Mart E.I.R. prior to the April 6, 2005, Court date. Vote resulted: Yes: Nunez, Tran No: Clark, Imperial, Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:30 p.m. The next regular meeting will be held on Tuesday, April 12, 2005, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: MAYOR CCMIN:3-22-05 Page #6