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CC - 08-23-94APPROVED CITY OF .OS' MEAD DATE 93 / 9 MINUTES OF THE REGULAR MEETINGRY ROSEMEAD CITY COUNCIL AUGUST 23, 1994 The Regular Meeting of the Rosemead City Council was called to order by Mayor Pro Tem Taylor at 8:00 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by councilman Imperial. The Invocation was delivered by Councilman Vasquez. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Vasquez, and Mayor Pro Tem Taylor Absent: Mayor Bruesch (excused for medical reasons) APPROVAL OF MINUTES: AUGUST 9, 1994 - REGULAR MEETING Mayor Pro Tem. Taylor asked that the Minutes of August 9, 1994 be,. deferred to the September 13, 1994 meeting. PRESENTATIONS: A proclamation was presented to Deputy Bryan Proctor in appreciation of his services to the City. I. ORAL COMMUNICATIONS FROM THE AUDIENCE - NONE II. PUBLIC HEARINGS - NONE III.LEGISLATIVE A. RESOLUTION NO. 94-40 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $278,963.25 NUMBERED 10447 THROUGH 10543 Councilmember Imperial asked for support details for Check No. 16204. Staff was directed to provide the Council with an explanation of the check. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Resolution No. 94-40 be adopted. Vote resulted: 11 Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 94-41 - TRANSFERRING THE WALNUT GROVE/MISSION STORM DRAIN (MTD 1346) TO LOS ANGELES COUNTY FOR CC 8-23-94 PF.ye #1 i The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-41 RESOLUTION NO. 94-41 - WALNUT GROVE AVENUE AND MISSION DRIVE STORM DRAIN/MISCELLANEOUS TRANSFER DRAIN NO. 1346, STORM DRAIN TRANSFER TO LOS ANGELES COUNTY FOR MAINTENANCE MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Resolution No. 94-41 be adopted and to request that the Los Angeles County Board of Supervisors accept the transfer of MTD No. 1346 for operation and maintenance, and authorize the transfer and conveyance. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 744 - HOTEL AND HOTEL REGULATIONS - INTRODUCE The following ordinance was presented to the Council for introduction: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING HOTEL AND MOTEL REGULATIONS MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER CLARK that Ordinance No. 744 be introduced on its second reading and that full reading be waived. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 746 - REGULATION RELATING TO SOLICITATIONS OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS IN CERTAIN AREAS - INTRODUCE The following ordinance was presented to the Council for introduction: ORDINANCE NO. 746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING REGULATIONS RELATING TO SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS IN CERTAIN AREAS Councilmember Imperial stated that this ordinance was overdue and that the City will now be able to take some action in curbing solicitation. Juan Nunez, 2702 Del Mar, Rosemead, asked if this ordinance is enforceable. Mayor Pro Tem Taylor responded that this Ordinance is a good faith effort in trying to correct a problem situation. Robert Kress, City Attorney stated that this is a tool that the Deputies will be able to use to deal with this problem. Juan Nunez stated that there are many areas near his neighborhood where people are being harassed and trash is thrown around. He stated that the ordinance on yard sales and peddlers is difficult for the City to enforce and that he notifies city staff whenever he observes any violations. CC 8-23-94 Page #2 • • MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Ordinance No. 746 be introduced on its first reading and that reading in full be waived. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. E. RESOLUTION NO. 94-42 - APPROVAL OF PROGRAM SUPPLEMENT NO. 004 TO STATE LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358, 1993-94 ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-37 RESOLUTION NO. 94-42 - APPROVAL OF PROGRAM SUPPLEMENT NO. 004 TO STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358, 1993-94 ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER IMPERIAL that Resolution No. 94-37 be adopted, authorize the Mayor to sign the supplemental agreement and direct the City Clerk to submit the executed copy of.the agreement to the State Department of Transportation. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A AUTHORIZATION TO ATTEND 71ST ANNUAL CONGRESS OF CITIES AND EXPOSITION - MINNEAPOLIS, MINNESOTA, DECEMBER 1-4, 1994 CC-B ACCEPTANCE OF STORM DRAIN EASEMENT FOR ANGELES AVENUE SENIOR HOUSING PROJECT CC-C AUTHORIZATION TO ATTEND INTERNATIONAL CITY MANAGERS ASSOCIATION ANNUAL CONFERENCE, CHICAGO, SEPTEMBER 18-21, 1994 CC-D AUTHORIZATION TO REJECT CLAIM FILED AGAINST CITY BY BRETT NOVIROFF CC-E AUTHORIZATION TO REJECT BID - 51ST HANDYMAN BID PACKAGE MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Clark, Taylor, Vasquez, Imperial No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. CC 8-23-94 Page 13 V. MATTERS FOR DISCUSSION & ACTION A. LICENSE SUSPENSION HEARING AND RECOMMENDATION FOR AMAX KTV - 9151 VALLEY BOULEVARD Robert Kress, City Attorney explained that the Council should consider the recommended decision and action by the Hearing Officer. Joseph Micelli, 4987 Carthage Way, Agoura Hills, Attorney for Amax, stated that on September 22, 1993, Sheriff's Deputies arrived at Amax just as the Manager had confiscated, disposed of alcohol discovered on premises, and was removing the bottles from inside the establishment. The bag and containers were in plain view. When asked by the Deputies what was in the containers, the Manager responded that it was beer. The Deputies confiscated the bag and bottles and entered the premises where a birthday party was in progress for a relative of one of Amax's owners. There were pitchers on the table and when Deputies inquired about the contents, Mr. Lin, a patron, responded "Coors Lite". The Deputies continued their investigation, then left. Shortly thereafter, the request for revocation of their Entertainment Permit was filed by the City. Mr. Micelli further stated that the revocation was requested prior to any samplings taken of the contents of the pitchers and was probably based on the comment about "Coors Lite". Sampling was taken on April 22, 1994, approximately seven months after incident had taken place. Furthermore, Mr. Henry Lin, made that statement as a joke and that the recommendation from the Hearing officer submitted to the Council states that Mr. Lin's testimony did not have any credibility. Mr. Micelli stated that it seems plausible that someone not doing anything wrong may make such a comment in jest. Mr. Micelli continued that Mr. Wei, the owner of the bag and bottles, stated that no one saw him bring in the black bag which may be due to the height of the receptionist's counter. Mr. Wei then entered into a private room, ordered a pitcher of a non-alcoholic beverage, consumed that, then poured the contents from his bottle into that pitcher. There in no indication that any portion of Condition #7 was violated, especially relating to alcohol being sold, consumed, or allowed to remain once discovered, which is the basis of the City's decision. He further stated that no alcohol was being sold. Mayor Pro Tem Taylor questioned Mr. Michelli's statement that no alcohol was sold and asked if it was an assumption on Amax's part that patrons could bring alcohol onto the premises. Mr. Taylor then asked if it was reasonable to interpret and understand that there is to be no alcoholic consumption. Mr. Micelli explained that when the Council granted the Entertainment Permit it was anticipated that occasionally patrons may try to sneak alcohol onto the premises. Therefore, the inclusion of "no alcohol sold, consumed, remaining on premises" condition of approval was added. There was no evidence submitted that Amax sold alcohol. The only evidence of consumption was the statement from Mr. Lin, made in jest. Mr. Micelli, stated further that the Manager was removing alcohol from the premises as she was taught, trained and mandated by Amax, and was doing what the City had instructed Amax to do. Amax did not violate Condition #7 and it was just circumstances that the Deputies arrived at the scene when the Manager was disposing of the alcohol she had discovered on the premises. Mr. Micelli stated that closing Amax for 30 days would do irreparable damage to the business. Amax has signs posted inside and outside prohibiting alcohol. Councilmember Clark asked if Mr. Lin was at the birthday party when he made his comment, and if Mr. Feng, the owner, was also present. Mr. Micelli answered yes to both questions. CC 8-23-94 Page 14 • • Councilmember Clark questioned why Mr. Feng did not respond negatively when Mr. Lin made his "Coors Lite" comment as Mr. Feng is aware of the no alcohol conditions. Mr. Micelli responded that Mr. Feng and the Deputies had a conversation at the time of the incident and told the Deputies later in the parking lot that Mr. Lin was just joking. Sandra Pettit, Assistant City Attorney stated that part of the Hearing officer's recommendation is based on that fact that this was the second accusation that has gone to hearing. The first time, the Council imposed a 15-day suspension in April, 1992. Ms. Pettit stated further that credibility is an issue and that the Hearings Officer made correct determinations as to credibility. Also, Mr. Micelli did not give the full extent of Mr. Wei's testimony to the Council. She further explained that Mr. Wei testified that it was very easy for him to take the two containers of beer into the establishment without any questions asked even though he thinks he may have been seen by two waitresses. Upon questioning Mr. Feng at the hearing, he was unable to answer what Amax did to enforce compliance with the no alcohol conditions. However, when his Counsel questioned him with very leading questions, he was able to speak about the measures taken to comply. Ms. Petit stated that there was nothing in Mr. Micelli's presentation to the Council about anything that Amax was willing to do to improve the enforcement of the conditions, and there was no contrition. one way the Council can send a message to this establishment is to impose a suspension of the license. Robert Angles, 9147 Valley, Rosemead, stated that he has been before the Council many times protesting the operation of this establishment. Alcohol has been an on-going problem. There have been four shootings between February 18 and August 1, 1994 at this location; nine reported incidents between January 1, 1993 and August, 1994; and many altercations and fights in the parking lot, sidewalk, and inside the building. Mr. Angles stated further that he is concerned for the safety of the public and the Deputies and would like a revocation of Amax's license. Mayor Pro Tem Taylor asked Mr. Angles if he lived adjacent to the property in question. Mr. Angles responded that he lived directly west. Mayor Pro Tem Taylor stated that Mr. Angles is a first-hand observer of the occurrences that happen at Amax. Mr. Angles stated he and his family have heard gunshots coming from the Amax area and has had to drop to the floor. He has seen beer containers in the trash can and that this type of business does not belong in this area of the community. Mayor Pro Tem Taylor stated that he takes exception to Mr. Micelli's letter of August 23, 1994 stating that, "The City has never set forth specific procedures, which Amax should implement, nor, has the City stated a procedure of how an employee should go about confronting a patron who might attempt to circumvent the visibility stated and known rule of no alcohol on the premises". It is not the City's role to set forth specific procedures. It is Amax's role in setting form, observing and implementing those specific procedures. Mr. Taylor further stated that in general there has been abuse and negligence in keeping alcoholic beverages out. Mr. Micelli responded asked if the City would give Amax specific guidelines to implement. Mayor Pro Tem Taylor responded that it was already given to them. CC 8-23-94 Page #5 • • Mr. Micelli stated that they only had the "no alcohol sold, consumed, and disposal" condition of approval to go by to implement any procedures. Employees were told at meetings to look for any signs of alcohol being consumed. He stated again that there is no basis for suspension and that the Manager was acting prudently and not violating any of the conditions. Mayor Pro Tem Taylor commented that since two people stated to the Deputes that there was beer on the premises, whether in jest or not, that this was handled as a violation of the conditions. Mr. Micelli stated that in,Condition #7 there is a provision that someone may try to bring alcohol onto the premises. If it is discovered and immediately removed, then Amax has complied with the city's conditions. Councilmember Imperial asked what the closing time of Amax is. He had a photograph taken yesterday of the door. There is only a "No Alcohol Allowed" sign posted. Mr. Imperial further stated that the story Mr. Micelli is telling is an insult to his intelligence and that he does not know of any law that can legislate common sense. Councilmember Clark stated that she agrees with Mr. Imperial that this is an insult. On one hand Mr. Micelli is saying that the Council used wisdom in writing the conditions, and on the other hand, we are being accused of not writing the conditions strongly enough. Mr. Micelli, reiterated again about disposing of alcohol found on the premises. Councilmember Clark stated that apparently Mr. Feng was aware of alcohol on the premises since Mr. Feng did not deny or clarify Mr. Lin's remark.' MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that the Council approve and adopt the recommended decision of the Hearing Officer to suspend Amax Joint Venture Enterprises, Inc.'s Entertainment Permit for a period of thirty (30) days. Vote resulted: Yes: Clark, Taylor, Vasquez, Clark No: None Absent: Bruesch Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS A. WATER HEATER BUILDING PERMIT FEES Councilmember Vasquez stated that he brought this up for discussion as he is concerned with the burden this fee imposes on the residents and what are other cities doing about this matter. Mayor Pro Tem Taylor stated that this item will be on the September 13th agenda. Councilmember Imperial stated that the Council needs to look again at the entire permit and fee structure as well as inspections provided by the Gas Company. Mayor Pro Tem. Taylor stated that there are many things that can go wrong in installing and connecting gas water heaters, such as leaks, possible explosions and that since the City is involved with this, there has to be a permit process for safety reasons. If not, the City can be liable for negligence. CC 8-23-94 Page #6 • VII. MATTERS FROM OFFICIALS A. COUNCILUffiBER VASQUEZ 1. Stated that he has talked to the Jack-in-the Box staff regarding the "No U-turn"'sign to be installed southbound Rosemead at Newby and that they do not have a problem with the sign as people can make a left hand turn off of Rosemead Boulevard and come into the back driveway. However, he also talked to the Manager of In-And-Out Burger and they expressed concern that it will affect their business. Mr. Vasquez stated that this item should be brought back to the Traffic Commission for further study. B. COUNCILMEKBER IMPERIAL 1. Stated that this morning he was almost involved in an accident with someone making a U-turn at that intersection. He indicated further that In-And-Out Burger should have had a 30' setback and that we have inherited a problem that was approved by the City. Mr. Imperial stated further that this situation is hazardous for residents on Newby trying to exit or enter their street from Rosemead Boulevard or Mission Drive. C. ROBERT KRESS, CITY ATTORNEY 1. Stated that the Council has now taken an action on this matter and it is not on this evening's agenda. Therefore, if the Council wants the Traffic Commission to review this item again, the proposed action should be on the next agenda. D. IMPERIAL 1. Asked the Council to drive to the Rosemead and Newby intersection and try to get through it during peak hour traffic. 2. Stated that Code Enforcement should be working on Fridays, Saturdays, and Sundays to enforce yard sales and lawn parkers. 3. Stated that he has photographs of trees overhanging sidewalks. Mayor Pro Tem Taylor asked if staff had been notified of these trees. Councilman Imperial answered staff had not been notified as yet, but they are aware of his request for Code Enforcement weekend work. Assistant City Manager Don Wagner responded that staff is working on a schedule. Mayor Pro Tem Taylor requested that a report be given to the Council once the schedule is completed. 4. Asked that the Alpha Beta across from City Hall be cleaned up. The employees are passing out bread at 6:00 a.m. in the morning and the recipients are throwing it around for the birds to eat. There are broken baskets on Muscatel. 5. The Town Hall meeting of September 20th has been changed to October 18th. There will be two meetings, October 4th and October 18th. E. MAYOR PRO TEK TAYLOR 1. Congratulated Brandi Matsdorf upon her appointment to the faculty at Savannah School. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - NONE IX. ADJOURNMENT There being no further action meeting was adjourned at 9:20 p.m. scheduled for September 13, 1994, Respectfully submitted: City Clerk to be taken at this time, The next regular meeting at 8:00 Dm-~ the is Prior to joining Charter, Bryant worked with a variety of media and communications clients, including firms in the cable television, cellular telephone, and radio broadcast industries. He began his career with NationsBank in 1990 and joined the Communications Finance Division in 1991. He was responsible for initiating structuring and arranging debt facilities for companies in the telecommunications and media industries. From 1983 to 1988, Bryant worked in public accounting for Arthur Andersen and Banks, Finley, White & Co. Mr. Bryant is a CPA and earned a BS/BA degree from Rockhurst College and an MBA degree from the University of Wisconsin at Madison. Bryant is also an alumnus of Inroads, Inc. and the Consortium for Graduate Study in Management. JOHN R. McFERRON John McFerron joined Charter Communications, Inc. in July 1994 as Director of Regulatory Compliance. Mr. McFerron is involved in all aspects of federal, state and local regulatory filing requirements for Charter. Prior to joining Charter, Mr. McFerron served with Arthur Andersen & Co., certified public accountants, from 1989 to 1994. His duties included tax consulting and compliance work for numerous corporations, partnerships, individuals, estates and trusts. Mr. McFerron received his Bachelor of Science in Business Administration with an emphasis in accounting degree with honors from University of Missouri - Columbia 0 CI in 1988. He also received a masters in accounting with an emphasis in tax degree in 1989 from the University of Missouri - Columbia. Mr. McFerron earned his CPA certificate in 1989. He serves on the Finance Committee at Union Avenue Christian Church in St. Louis. 46 LI in 1988. He also received a masters in accounting with an emphasis in tax degree in 1989 from the University of Missouri - Columbia. Mr. McFerron earned his CPA certificate in 1989. He serves on the Finance Committee at Union Avenue Christian Church in St. Louis.