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CC - 06-13-950 ,0 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL JUNE 13, 1995 APPROVED CITY OF I2 SEMEAD DAT I3Y c-kP The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez 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 Councilmember Taylor The Invocation was delivered by Mayor Vasquez ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: Imperial (excused) APPROVAL OF MINUTES: MAY 23, 1995 - REGULAR MEETING MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMEMBER BRUESCH that the Minutes of the Regular Meeting of May 23, 1995, be approved as submitted. Vote resulted: Yes: Clark, Vasquez, Bruesch No: None Absent: Imperial Abstain: Taylor The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: - None ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked if the City had a sign ordinance regarding advertisements posted for computer and gun events, etc. Frank Tripepi, City Manager, responded that those signs do not fall under the City's sign ordinance and for Mr. Nunez to phone City Hall to report any posted signs which will be removed. Il. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. PUBLIC HEARING TO CONSIDER PROTESTS RELATING TO THE IMPOSITION OF LIENS ON REAL PROPERTY IN CASES WHERE THE RUBBISH COLLECTION OF SAID PROPERTY HAS BECOME DELINQUENT The Mayor opening the Public Hearing. Robert Angles, 9147 Valley Boulevard, Rosemead, stated that the City should not be involved between property owners and private businesses. Mr. Tripepi responded that the City, under State law, Health and Welfare sections, has an obligation to ensure that garbage is collected and that by entering into a franchise with the trash company, the company continues to pick up everyone's trash and the City is assuring payment by placing a lien on delinquent accounts. CC 6-13-95 Page #1 n u Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that he agrees with both Mr. Angles and Mr. Tripepi, but private enterprises should have their own legal recourse to collect on delinquent accounts. Mr. Tripepi stated that Mr. Chan, 3012 Garvalia, can be removed from the lien list according to Consolidated Disposal representatives present. There being no one else wishing to speak, the public hearing was closed. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council direct staff to take the necessary steps to place liens on those properties that have not paid by 6:00 p.m. on June 30, 1995. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 95-25 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 95-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $752,774.53 NUMBERED 131 14 THROUGH 13298 MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that Resolution No. 95-25 be adopted. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 753 -ADDING NEW PROVISIONS TO THE MUNICIPAL CODE PERTAINING TO ADULT-ORIENTED BUSINESSES - ADOPT The following resolution was presented to the Council for adoption: ORDINANCE NO. 753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, ADDING NEW PROVISIONS TO THE MUNICIPAL CODE OF THE CITY OF ROSEMEAD PERTAINING TO ADULT-ORIENTED BUSINESSES Frank Tripepi, City Manager, summarized the Ordinance. VERBATIM DIALOGUE FOLLOWS: COUNCILMEMBER BRUESCH: Move the approval... CC 6-13-95 Page #2 COUNCILMEMBER TAYLOR: Mr. Mayor. I'd like to ask that this be deferred to the next meeting. I'd like to see the ordinances of the City of San Gabriel and the City of Alhambra. They had public protests about some of the businesses there and I have a lot of questions about this and would like to see what they did. They were shut down ...the ones that I know were protested against. I would just like a comparison. BRUESCH: Mr. Mayor. One question to Gary, weren't those protest public outcries. They weren't a formal protest in front of the City Council. What they did was set up cameras and photograph people going into these establishments. And, within two weeks, these guys closed the doors because they didn't have any customers. TAYLOR: No, the one in Alhambra went on for six months. As far as what they did with the ordinances, I don't know. I'd just like to read those and get a general feel of what they've done. The other ones, the Other Ball on San Gabriel and Valley, they had something similar to this. They served drinks, or they couldn't serve drinks because of the exotic dancers that were there and they were forced out of business. But, I'd just like to read those two ordinances. ROBERT KRESS, CITY ATTORNEY: I will represent to you that the San Gabriel Ordinance is virtually identical to this. They were a little faster on the track to get it adopted. Theirs was adopted, I want to say six to eight months ago. So, the ordinance that you'd be looking at would have really nothing to do with the Other Ball. In a real estate transaction, it is now a bank. I think that was just the orderly progression of... TAYLOR: But it had been there for maybe ten years and some of the problems that they had there ...I just wanted to read those to get a better feel for what... KRESS: I don't know what the Alhambra Ordinance provides. The San Gabriel Ordinance, again, is pretty much this model. There were several changes that your Planning Commission wanted. Your Planning staff working with my partner, Lisa Kranitz. There are some minor changes between San Gabriel and Rosemead, but basically this Ordinance. MAYOR VASQUEZ: Gary, can we go ahead and adopt this and bring you the information? TAYLOR: If it can be done that way I don't have an objection to that. I just asked that it be deferred for two weeks if there is no harm in it. BRUESCH: We are behind schedule on this because most other cities have adopted similar ordinances that I know of. KRESS: You are in a moratorium that has a couple more months to run. I'd be happy to give the information, but I think it probably is a better idea to get this adopted and on the books and then if we need to make some minor adjustments to it or we see ways that the Courts will allow to improve it, then we'll be happy to do that. We want this to be as much as possible, a bar to these types of businesses and not a welcome mat. BRUESCH: Mr. Mayor. Mr. Taylor, I had a lot of the same feelings you had about this ordinance. It's extremely distasteful to me that we have to allow these types of businesses in our community, but the Courts have said we must. Staff can tell you that I met with them in their offices quite a few times over language. Last meeting we had quite a discussion about particular words and their meanings and things were changed to make much more stringent regulations. One of the regulations I asked for a change, I found out that we couldn't do it because it would not be following the intent of the law. So, what we have done with this piece of legislation is actually restrict those types of businesses to the smallest portion of town that we can under the law and restrict them to the nth degree of the law also. 1 don't think there is much more that we can do. Though I'd like to say that none of these businesses would be allowed in our community, we just by law cannot do that. CC 6-13-95 Page #3 • TAYLOR: Well, I think there are more restrictions that can be possibly put on. A few minutes ago I just asked Mr. Kress what about the CUP condition. As far as allowing that, we have that for karaoke clubs, dance permits, we got it for alcoholic use permits and why we can't have it for this he gave me his understanding or opinion of why we couldn't. If you go into a karaoke club, you've got to have a registration where you sign in. They know who is in there. If you go to a hotel and book a room, you have to sign in, show a driver's license or registration. There are other things that ...I think there might be something there to have a better control. When you read through this thing, it's pretty disgusting in the sense of going to Page 2 and 3, listing all of the problems. As an example..."the adult-oriented businesses are linked to increases in the crime rates, including sexual offenses, in surrounding areas; the increases in crime rates creates fear among citizens"...it goes on. There are at least ten items here. The detriments to a community, as far as property values...the only thing that makes this justified is that it says the Constitution has to have it. But it doesn't say anything else in here good about it, but it tells you everything bad about it. But there's also ways to regulating it and controlling it. If we can have people sign in going to a karaoke establishment to listen to or play music and have them sign a register, I can't get the correlation of why they have to do that, or go into a dance club to dance and they have to sign in and register - and we can get a business that is truly detrimental to a community and not have the potential of something of that nature where they don't have to sign in but for something as small as dancing, they have to sign in. BRUESCH: May I make the suggestion then that I make the motion that we adopt this as is tonight with the proviso that staff meet with the City Attorney to see if we can put these types of establishments under the CUP Ordinance also. Can we legally do that? VASQUEZ: Can we do that, Bob? KRESS: Yes, that's fine. There are cases that say you cannot use the conditional use permit process in this way. They were part of the staff report at the Planning Commission and Council, but we'll be happy to give you a more specific memo on that subject and we'll get a copy of the San Gabriel and Alhambra Ordinances. BRUESCH: So my motion stands that I would move that we adopt the second reading with a proviso that staff finds out how useful the CUP process can be in dealing with these establishments and also getting the other information Mr. Taylor wants. TAYLOR: It wouldn't necessarily be under the CUP, Bob. If just one of the requirements is a registration. I mean they are certainly entitled to the Constitutionally approved freedom of speech, and dance is a freedom of expression. I'd like to some kind of an explanation and correlation and put this in before it's adopted. By deferring it two weeks, we can have that cleared up. COUNCILMEMBER CLARK: Mr. Mayor. I'd like Council to respond to this. If we put this off two weeks, since we are under a moratorium, are we jeopardizing our power to regulating anything that might be waiting in the wings. KRESS: Your moratorium expires in September. So, it may take more than a weeks time to gather all this information. A week is all we have if it's going to come back in two weeks. TAYLOR: Excuse me. Why only a week. KRESS: Because that's how the agendas operate. CLARK: The agendas have to go out. KRESS: I will do that if you want to defer it, but I think it's always kind of a difficult process if the Council is going to have three ordinances in front of them two weeks from now and try to pick apart ...well, maybe we need this provision and this provision. So my concern is that it doesn't really get done in two weeks. Then, I think we're pushing that September deadline. CC 6-13-95 Page #4 TAYLOR: Well, Mr. Bruesch made a couple of comments at the last meeting. One had to do with the time factor on it and I don't remember the other one that I see was corrected and put in here. BRUESCH: It was the fact that you can open up a business after being convicted of doing the business badly after two years ...we've spread that out to four years. TAYLOR: I didn't see that part corrected, to tell you the truth. BRUESCH: I did. It went to four years. CLARK: Right here, page 41. BRUESCH: I looked carefully to make sure that was changed KRESS: We're talking about if we're making significant changes going back to a first reading, followed two weeks thereafter by a second reading and 30 days thereafter for adoption. So in 45 days... TAYLOR: Why would we have to go through that whole procedure if there is just minor clarifications? KRESS: Well, there are not typographical errors. It goes back to step one. TAYLOR: Well, that two to four years was not typographical. KRESS: Those were made at the last meeting. TAYLOR: Two weeks ago. And that's all I'm asking you is for another two weeks. KRESS: But, those were made that evening and we just innerlineated the document and gave it first reading. Those were done prior to the Council taking action. If those kinds of changes are made again, it needs to go back for another first reading. CLARK: Mr. Mayor. If we adopt this as is tonight and then we want to make changes, how easy is that? KRESS: It's very easy. You just amend the Ordinance. CLARK: OK. Then I'll second Mr. Bruesch's motion. VASQUEZ: Please vote. Vote taken from voting slip. Yes: Clark, Vasquez, Bruesch No: Taylor Absent: Imperial Abstain: None TAYLOR: Mr. Mayor, I would like the record to show that my No vote is that I believe that it's not strict enough and we could possibly add more to it and we'll just do it as the time process goes on. KRESS: We'll get the information. END VERBATIM DIALOGUE C. ORDINANCE NO. 754 - AMENDING CHAPTERS 9104 AND 9105 OF THE ROSEMEAD MUNICIPAL CODE ADOPTING STANDARDS FOR MAXIMUM LOT COVERAGE OF FRONT AND SIDE YARD AREAS WITH IMPERVIOUS SURFACES IN THE R-1 AND R-2 ZONES - ADOPT CC 6-13-95 Page N5 • • The following Ordinance was presented to the Council for adoption. ORDINANCE NO. 754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CHAPTERS 9104 AND 9105 OF THE ROSEMEAD MUNICIPAL CODE ADOPTING STANDARDS FOR MAXIMUM LOT COVERAGE OF FRONT AND SIDE YARD AREAS WITH IMPERVIOUS SURFACES IN THE R-1 AND R-2 ZONES MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt Ordinance No. 754. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. Councilmember Bruesch thanked staff for their work and efforts in solving this problem. D. ORDINANCE NO. 756 - REGARDING CAMPING AND STORAGE OF PERSONAL PROPERTY ON STREETS AND PUBLIC AREAS - ADOPT The following Ordinance was presented to the Council for adoption: ORDINANCE NO. 756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REGARDING CAMPING AND STORAGE OF PERSONAL PROPERTY ON STREETS AND PUBLIC AREAS Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked if this Ordinance covers all areas of the City. Mr. Tripepi responded that it covers public streets and areas, not private areas. MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the Council adopt Ordinance No. 756. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF BIDS AND AWARD OF CONTRACT - ASPHALT CONCRETE OVERLAY AND STREET LIGHTING IMPROVEMENTS ON VARIOUS CITY STREETS CC-B TRAFFIC SIGNAL IMPROVEMENTS ON MARSHALL STREET AT ROSEMEAD BOULEVARD CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM, JULY 26-28, 1995, MONTEREY CC-D APPROVAL OF FIREWORKS STANDS CC 6-13-95 Page #6 • MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial 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 A. TOWING SERVICE RESPONSIBILITY There being no objection, this item will be deferred to the June 27, 1995 meeting at the request of Mr. Meister, President of Freddie Mac's Towing Service. Councilmember Taylor asked if Freddie Mac's has the towing contract with the Sheriffs Department. Mr. Tripepi responded that they do for this area, but, on the occasion under discussion, AAA Club Towing Service was there also to tow away one of their member vehicles and they failed to clean-up the debris from that car. B. COUNCILMEMBER GARY TAYLOR 1. Stated that the Council received a letter from the City of South El Monte regarding raising the minimum wage $5.00 per hour and requested that this item be placed on the next agenda supporting this issue. 2. Requested a selective check on scavengers in the area on trash days going through the recycling bins. 3. Requested registration for an upcoming conference on June 28-30, 1995, where the Governor will be addressing the role of fathers on family formations and in the in the community. The City Attorney ruled that since this item came to the Council's attention after the agenda was prepared and posted, the Council can rule authorization to attend. MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH that the Rosemead City Council authorize the attendance of any Councilmember and staff designee. Vote resulted: Yes: Clark, Taylor, Vasquez, Bruesch No: None Absent: Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. C. COUNCILMEMBER BRUESCH 1. Inquired about the Ice Cream Truck Parking Ordinance. Mr. Tripepi responded that it is 300' from school campuses. Mr. Bruesch stated that ice cream trucks are parked on the boundaries causing major traffic problems and requested that the Parking Control Officers patrol those areas. CC 6-13-95 Page #7 IX. ORAL COMMUNICATIONS FROM THE AUDIENCE - None X. ADJOURNMENT There being no further action at this time, the meeting was adjourned at 8:50 p.m. The next regular meeting will be held on June 27, 1995, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk CC 6-13-95 Page #8