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CC - 07-12-94APPROVED CITY O S MEAD MINUTES OF THE REGULAR MEETING DATE ~ ROSEMEAD CITY COUNCIL BY_ JULY 12, 1994 The Regular Meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:04 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilmember Imperial. The Invocation was delivered by City Treasurer Foutz. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Vasquez, and Mayor Bruesch Absent: Mayor Pro Tem Taylor - Excused APPROVAL OF MINUTES: JUNE 28, 1994 - REGULAR MEETING MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER CLARK that the Minutes of the Regular Meeting of June 28, 1994, be approved as submitted. Vote resulted: Yes: Clark, Bruesch, Vasqeuz, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. Certificates of Appreciation were presented to the 4th of July Parade Committee and a proclamation was presented to 4th of July Parade Chair, Holly Knapp. Ms. Knapp thanked the Council and City staff for their help in making the parade a success. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Robert Angles, 9147 Valley Boulevard, Rosemead, presented a petition to the Council regarding the Constitution of the United States and the Bill of Rights. Mr. Angles felt that the City was not getting enough balanced coverage in the local newspapers and that negative news and police blotter reports were being withheld. Mayor Bruesch responded that the local newspapers have refused to cover Rosemead for the past five years because the City subscription rate in the City was not sufficient to warrant additional coverage. Councilmember Clark stated that publishing the police blotter with a victim's address and the nature of the crime was an invasion of privacy and secondly, she did not sanction political smear articles as per the conversation she had with Mr. Arcuri, of the Citizen's Voice. A five minute recess was called at 9:00 p.m. and the meeting was reconvened accordingly. II. PUBLIC HEARINGS - None III.LEGISLATIVE A. RESOLUTION NO. 94-33 - CLAIMS & DEMANDS - FISCAL YEAR 1993-94 CC-7-12-94 Page #1 i • The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-33 - CLAIMS AND DEMANDS FISCAL YEAR 1993-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $208,274.21 NUMBERED 9972 THROUGH 10071 MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Resolution No. 94-33 - FISCAL YEAR 1993-94 be adopted. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 94-34 CLAIMS AND DEMANDS - FISCAL YEAR 1994-95 The following resolution was presented to the Council for adoption: RESOLUTION NO. 94-34 CLAIMS AND DEMANDS - FISCAL YEAR 1994-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $264,443.58 NUMBERED 10073 THROUGH 10105 MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Resolution No. 94-34 be adopted. Vote resulted: Yes: Clark,.Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 743 - CHANGING THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM APRIL OF EVEN-NUMBERED YEARS TO MARCH OF ODD-NUMBERED YEARS The following ordinance was presented to the Council for adoption: ORDINANCE NO. 743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA CHANGING CITY ELECTIONS FROM APRIL OF EVEN-NUMBERED YEARS TO MARCH OF ODD-NUMBERED YEARS PURSUANT TO ELECTIONS CODE SECTION 2601 City Attorney Kress explained that the California Legislature changed the Presidential Primary Election from June 1996 to March 1996, thus having an earlier primary to enable California to have a voice in choosing a Presidential candidate. The County Recorder's office gave notice that it will not be able to provide the traditional level of assistance to cities having elections in April because of the two elections scheduled within three weeks of each other. The Council expressed their concern that it may be problem for voters if Rosemead's issues and candidates were at the bottom of a very long ballot. City Attorney Kress further stated that it was the Council's opinion that the best way for an electorate to remain informed was to have a separate municipal election and not consolidate with any other election which would change the election from April 1996 to March 1997, and every two years thereafter. CC-7-12-94 Page #2 MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER CLARK that Ordinance No. 743 be adopted: Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 744 - ADOPTING HOTEL AND MOTEL REGULATIONS - The following ordinance was presented to the Council for adoption: ORDINANCE NO. 744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING HOTEL AND MOTEL REGULATIONS Mayor Bruesch expressed his concerns that the City may already have an ordinance addressing the issue of renting a room more than once a day and prohibiting monthly rates. Staff was directed to research this matter and attach the previous ordinance to the current one for comparison. It was agreed that this item will be deferred to the next regular meeting. E. ORDINANCE NO. 745 - ADOPTING A POLICY TO EXEMPT BUILDING PERMIT APPLICATIONS FROM PUBLIC WORKS IMPROVEMENT REQUIREMENTS IF THE CONSTRUCTION IS.A RESULT OF FIRE DAMAGE OR ACTS OF GOD The following ordinance was presented to the Council for adoption: ORDINANCE NO. 745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA EXEMPTING BUILDING PERMIT APPLICATIONS FROM PUBLIC WORKS IMPROVEMENT REQUIREMENTS IF THE CONSTRUCTION IS A RESULT OF FIRE DAMAGE OR ACTS OF GOD Juan Nunez, 270.2 Del Mar Avenue, Rosemead, asked if there will be a record of when this work is being done. City Manager Tripepi responded that the applicant will need to apply for a reconstruction permit for the damage done and will be exempted from having to put in street trees and public improvements as a result of going over the $10,000 threshold. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that Ordinance No. 745 be adopted. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-C, CC-F, CC-G, CC-H, AND CC-I REMOVED FOR DISCUSSION) CC-A . AUTHORIZATION TO SEND COUNCILMEMBER TO 1994 ASIAN GANG AND CRIME CONFERENCE, AUGUST 30-SEPTEMBER 2, 1994, IRVINE CC-B ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL IMPROVEMENTS ON TEMPLE CITY BOULEVARD AT LOFTUS AND MARSHALL STREETS CC-7-12-94 Page 13 0 CC-D AUTHORIZATION TO ATTEND U.S./MEXICO SISTER CITY IN ZAPOPAN, MEXICO - AUGUST 10-14, 1994 CC-E AUTHORIZATION TO USE PROP. A FUNDS FOR TRANSPORTATION OF STUDENTS TO DODGER STADIUM CC-J AUTHORIZATION TO REJECT BIDS FOR THE ROSEMEAD RE REHABILITATION PROGRAM 51ST HANDYMAN BID PACRAGE CC-K ANGELUS PROJECT; APPROVAL OF MODIFIED TRANSACTION DOCUMENTS MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Imperial-No on CC-K; opposses 55 year lease Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C ACCEPTANCE OF WORK FOR STORM DRAIN IMPROVEMENTS IN WALNUT GROVE AVENUE (RUBIO WASH/MISSION) AND MISSION DRIVE (DELTA/WALNUT GROVE) Juan Nunez, 2702 Del Mar, Rosemead, asked the if the problem with the contractor cutting into the telephone wires had been solved and was informed that it had been. MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER IMPERIAL that the Council accept the storm drain improvements in Walnut Grove Avenue (Rubio Wash/Mission) and Mission Drive (west City limit/Valley). Vote resulted: ' Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. CC-F REQUEST FOR ADDITIONAL TRAFFIC CONTROLS FOR ROSEMEAD BOULEVARD AT NEWBY AVENUE Councilmember Imperial stated that he had requested the following two items previously, "Keep Clear" markings at intersection and a "No U-Turn" sign posted in the median as southbound cars making a u-turn into the Jack-In-The-Box pose a potential hazard. Traffic Engineer Itagaki stated that that intersection did not have a history of u-turn type accidents and felt that a "No U-Turn" sign was not needed. MOTION BY COUNCILMEMBER IMPERIAL, SECONDED BY COUNCILMEMBER VASQUEZ that the Council approve the installation of "Keep Clear" pavement markings and "Do Not Block Intersection" signs southbound on Rosemead Boulevard at Newby and to amend the motion to include posting a "No U-Turn" sign southbound on Rosemead Boulevard at Newby. Vote resulted: Yes: Bruesch, No: Clark Absent: Taylor Abstain: None Vasquez, Imperial The Mayor declared said motion duly carried and so ordered. CC-7-12-94 Page #4 • o Mayor Bruesch requested that staff meet with the Manager of Jack-In-The-Box to discuss rearrangement of the drive-through arrows to the drive-up window. Councilmember Clark stated that her objection was that the "No U-Turn" sign was not a part of the Agenda package and wanted more time for further study. CC-G REQUEST FOR TRAFFIC SIGNALS AT DEL MAR AVENUE AND DOROTHY AVENUE - DUFF SCHOOL Mayor Bruesch stated that the foregoing item was removed for discussion at the request of Mr. Juan Nunez. Mr. Nunez declined to comment on the item. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ, that the Council approve the installation of pedestrian barricades in the vicinity of the alley on Del Mar Avenue south of Dorothy Street. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. CC-H PURCHASE OF 1994 FORD TAURUS Councilmember Imperial asked if the new vehicle would be used by,,, the Parks and Recreation Director. Assistant City Manager Don Wagner responded that the vehicle was for the Parks and Recreation Superintendent for checking on sites, and that it was a replacement vehicle for current 8-year old vehicle, and that it would not be driven to and from work. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ, that the Council approve the purchase of a 1994 Ford Taurus from Ed Butts Ford for $13,259.19. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. CC-1 AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY PACIFIC BELL Mayor Bruesch expressed his concern that the subcontractor not be allowed to work on any further projects. MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER VASQUEZ, that the Council reject this claim, authorize a letter of rejection to be sent to the claimant, and forward the claims to the contractor's insurance company. Vote resulted: Aye: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. CC-7-12-94 Page #5 0 0 V. MATTERS FOR DISCUSSION AND ACTION A. LICENSE SUSPENSION HEARING AND RECOMMENDATION OF CHARMING KTV LOCATED AT 7940 GARVEY AVENUE, 1106 Juan Nunez, 2702 Del Mar Avenue, Rosemead, stated that he was in favor of the suspension. Peter Chow, Attorney for Charming KTV, 108 N. Ynez, #107, Monterey Park, responded that KTV did not willfully or deliberately violate the three conditions as listed. Mr. Chow referred to Condition No. 11, that KTV failed to take necessary measures to insure that the business closed at the mandated 2:00 a.m. closing time stating that Charming KTV may have made some mistakes, but that it was not a willful violation. Regarding the second violation of not having a security guard on the premises at 3:00 a.m. as observed by Deputy McNeill, he stated that KTV had closed at 2:00 a.m. Councilmember Imperial asked for clarification of closing time. Mr. Chow responded that on that night the owner, Jean Hung, requested that patrons leave at 2:00 a.m., they refused to leave and due to the drunkenness of the patrons prior to coming to KTV, she did not press the issue further. He further stated that it may have been a judgment error on Ms. Hung's part, but that it was not willful. KTV's contract with the security guard company was to have a guard on duty until 2:00 a.m. to mainly check for alcohol on patrons. Lastly, he referred to the accusation of willfully and deliberately not making good on their promise to pay the City up to $500 a month. He indicated that Charming KTV made four payments of $500 each, leaving a balance of $3000 and that there was a misunderstanding between Ms. Hung and her Attorney at the time. She was under the impression that if she made four payments and there no further violations within that period, the balance would be dismissed by the City. Mayor Bruesch reminded Mr. Chow of the "Stipulation Re Suspension of Entertainment Permit Pursuant to Accusation and Stay of Execution Thereof" agreement signed by Ms. Hung and her Attorney agreeing to monthly payments of $500 until the investigation and attorney fees had been paid off. Mr. Chow agreed that Charming KTV had made several judgment errors but there was not enough substantial evidence to accuse them of willfully and deliberately violating these conditions and that their license should not be suspended. He then presented to the Council signed petitions in support of Charming KTV. MOTION BY COUNCILMEMBER VASQUEZ, SECOND BY COUNCILMEMBER CLARK that the Council accept the Hearing officer's recommendation to revoke Charming KTV's Entertainment License and adopt the findings and supporting evidence that are cited in the report. Vote resulted: Yes: Clark, Bruesch, Vasquez, Imperial No: None Absent: Taylor Abstain: None The Mayor declared said motion duly carried and so ordered. Councilmember Clark stated that she questions their "good faith" efforts that Mr. Chow presented to the Council. For example, on September 2, 1993, at 3:00 a.m., Deputy McNeal arrived at Charming KTV and was told by Jean Hung that she and only two other people were on the premises and were cleaning up. Deputy McNeal called for backup. He observed approximately ten customers exiting the premises. Shortly thereafter, another group of 20 persons appeared from behind the premises in the company of Deputy McNeal's partner. Councilmember Clark stated further that actions such as that are the reasons for her voting for the recommendation to revoke. CC-7-12-94 Page #6 C1 VI. STATUS REPORTS - NONE VII.MATTERS FROM OFFICIALS A. 0 OF 4-DAY WORK WEEK VERBATIM DIALOGUE FOLLOWS: JUAN NUNEZ: 2702 Del Mar Avenue, Rosemead. Yes, on this, I don't how it's working for the City, but I know that sometimes I see, in my area and maybe the people that are peddling know there is no place where you can call so there's a lot of peddlers on the streets on Friday. BRUESCH: That's a policing problem to have more enforcement. NUNEZ: Who enforces it? If this is the case then we need TRIPEPI: Mr. Mayor, if I might to Mr. Nunez. We have Code Enforcement Officers that work on Friday, work on Saturday, you also have Mr. Wagner's home phone number which you can call, correct? NUNEZ: Yes. TRIPEPI: And to my knowledge, Temple Station Deputies do respond if you call for peddlers and do issue citations. So it's really no different than a Saturday or Sunday. NUNEZ: OK, but sometimes you call Temple Station and it's, as you know... it's not a serious problem, they don't respond to it. BRUESCH: Juan, I have seen a marked change in that attitude over the last two to three years. Three years ago I would have agreed entirely with.you. But I've made two requests since last Summer, in fact, and it's been responded to on a Saturday. NUNEZ: It's not priority, they don't come out and check it. BRUESCH: It depends on if there's a death threat or something they have to respond to. No, they're not going to respond to a pillow peddler. But, as I've mentioned, I've had two experiences in the last eight to ten months and the Sheriff's have responded quickly. NUNEZ: But Bob, we get cotton candy peddlers, orange peddlers, and what else they peddler. BRUESCH: But their response has been much more positive. NUNEZ: I've got Mr. Wagner's phone number, but I don't want to bother him that much for that. You're here in the City at City Hall, then I call you. If you're at home I don't want to bother you. IMPERIAL: Anytime of the day or night, Juan. VASQUEZ: Call him at 4:00 in the morning. BRUESCH: Thank you Juan. In deference to the member that brought this up, Mr. Imperial would you like to..... JESS GONZALEZ: 3856 N. Bartlett, Rosemead. You know, this four-day week, I really don't understand the reasons for it. First of all, I thought possible it was done to alleviate a traffic problem, but I can see that the employees that Rosemead has do not create a traffic problem. Secondly, I thought possibly maybe a study had been conducted somewhere where it showed that if a person worked 10 hours a day has better performance, than if you work 8 hours, I don't know of any study, unless maybe I'm not informed. You know Rosemead, I lived CC-7-12-94 Page #7 • o GONZALEZ (CONT.D) in Rosemead for 45-50 years, in this area before Rosemead became Rosemead, and there's always been great service. I'm proud to live here, I'm very happy to live in Rosemead, I've raised my kids in Rosemead, and I have always received and anybody that I have talked have always received 100% service from the City of Rosemead. However, with a four day work week, what you have done, you have deprived the citizens of Rosemead of 20% of service instead of the 100%. I do not see why the citizens of Rosemead should, if they have a question or problem to discuss with the members of the City of Rosemead, why they should have to, on Friday, why they should have to wait until Monday. There is absolutely no reason for it that I can see, and, I say again, we've been deprived of 20% of the service. Thank you. CLARK: Mr. Mayor. BRUESCH: Yes. CLARK: Jess, can I address that. When this first came before us last year, I thought like you did and I voted against it. However, I was willing to see what the figures indicated after a trial period. And, I have to admit that I'm willing to eat my words. Actually, there have been a thousand people that have been serviced between the hours of 7:00 and 8:00 a.m. and 5:00 and 6:00 p.m. It evidently accommodates people that have to go to work and want to get that little thing with the City taken care of before they go, or after work. So, between 7:00 the City Hall is open. It was not a reduction of hours at all, City Hall is open from 7:00 to 6:00 four days a week. BRUESCH: The total hours are the same. CLARK: Yes. Anytime on Friday there's an emergency or anything that anyone wants, I put my phone number on the campaign literature. Anybody can call me, I can get in touch with Don. The other thing is that it's been savings of approximately $10,000 in utilities, which can go for the Rebel's or whatever. I have to admit that I was wrong and I think it's a good thing. GONZALEZ: I can see where you say that if an emergency arises, but, the majority, I don't believe that the majority of the citizens of Rosemead have emergencies, they just want service, period. CLARK: Have you had anybody talk to you about what they wanted to do on a Friday and couldn't, because I would like to know. We have the documentation of calls that have come in the early morning or the late hour, but I would like to know if the people are dissatisfied, and, I, frankly, haven't had any calls. GONZALES: Well, I don't think I'm up here speaking because I am satisfied. CLARK: You're out there in the community quit a bit, I'd like to know if there is a lot of people... GONZALES: Yes, I have had people say, "Jesus, I've got to wait until Monday." It's not an emergency. Emergencies I can understand, gosh, you have an emergency, if nothing else call the Police. Anyhow, I've said my part. CLARK: The other thing that was addressed and I feel about the AQMD, but they have said that we regulations,like you said, traffic. Even though needing to reduce our traffic, we have to comply regulations and this evidently satisfies them as regulation. So, that is something we have to be it or not. don't know how you lave to meet certain we're not necessarily with certain far as that under whether we like CC-7-12-94 Page #8 GONZALEZ: You have heard me, and you know what my feelings are. I have full respect for the City Council, believe me, and I think not only that and I think very, very highly of the people who, the Director's of the departments are doing an outstanding job, four days a week, but they are doing an outstanding job. Thank you. HOLLY KNAPP: 8367 Whitmore, Rosemead. Mr. Mayor and members of the City Council, I wanted to say this when I was doing my little speech before, but you surprised me with a plaque so I forgot. Having been here working, as you well know, the last three weeks of June and the first week of July, I can't commend to you your staff. I have the highest praise for everyone that's working in this City Hall. I have felt so welcomed and have such a good rapport with everyone on the staff. I felt like I was one of Frank's people and I want to say that last year when this came up, I questioned this also, as Mrs. Clark has. We even made some jokes about the fact that people would come in to get their permits on Friday for their Saturday yard sales. BRUESCH: Which happened. KNAPP: Yes, which has happened. I want just from the aspect of the Parade Committee, we have lots of people coming here right at 5:55 p.m. to bring important papers for us that Bob now has in his little folder and some of were even here early in the morning before 8:00 a.m. I would make phone calls to Mike, to Nancy, to Jeff, to Don, and we got things accomplished in that 10 hour day and even though the day before the parade, Friday, we probably could have got some other things accomplished, it's amazing how much we got accomplished up to that 6:00 p.m. time. Many of us stayed after 6:00 for meetings and so forth. I just want you to know that the staff works very hard during that 10 hours, I was here and I observed it and they do their job and do their job very well. You should give Frank and his staff accolades for what they do here. They do a very good job and the Parade Committee would not be able to do what we do on a volunteer basis, could not be done without the assistance of staff members, particularly Mike, of course. And, we really are grateful to the staff because they work with us, we feel welcome here, we didn't feel like we were in the way or anything like that. Everyone went out of their way to make our job easier. Am I speaking for us all committee?.... Yes. We really feel like this is a good thing and I see that there are people that have been here early in the morning as Mrs. Clark has pointed out, and late in the evening too. So, even though I was skeptical of it also, I can see where it's working, so I think it's a good thing. Thank you. BRUESCH: Thank you. Mr. Imperial, again I'm in deference. IMPERIAL: I was the reason, the one that requested this to come on the agenda. As a non-member of the Council when this came up, I came up and spoke against it. I wholeheartedly feel that we're only here for one purpose in this City Hall and that City Hall has only one purpose, and that's to service the people of this community. I think it can only do that on a five day-a-week basis. You can talk all you want to about AQMD, but that's like asking when's the next earthquake going to come. I don't want to worry about AQMD, I don't want to worry about what someone is going to do in the future before we work on our streets out there. I think we need to concern ourself with what's happening now, and I believe we owe it to the people of this community to be here in this City Hall five days a week. We can talk about all the nice things we've had, but I've been here on Fridays like Don has. I've been here on Saturdays, I've been here on Sundays. I'm one of the people that prefers to come and do my work here and get into an area to do this work for the City that I am comfortable with. I also make arrangements for people to come here and meet me for appointments. It might be on Friday, or might be on a Saturday or on a Sunday. I think we owe it to the people of this community to open this City Hall five days a week, and I think when it comes to saving some money, we can talk about savings. I ran into a situation the CC-7-12-94 Page #9 • o (IMPERIAL (CONT.D) the other day. I was sitting in this City Hall, it was on a Friday, it was very hot in here, very hot. And after sitting here and sweating about four hours, I determined I would leave. I had talked about a key to the air conditioner which has been locked up ever since we went on this 4/10, and the City Manager and the Assistant City Manager are the only ones that have keys to this. So if you don't have a key to open the air conditioner, you don't put it on and I can understand, maybe, if I'm one person in this building, then should I be using the air conditioner for just one person. That's why I going to request that I be able to use this thing to have appointments here and have some fans bought and brought in so we won't have to use the air. What I am saying in reality is this, we can open this City Hall five days a week. If we're saving money, we can save that money during those five days too because we can turn that air conditioner off on weekends if that's what we need to do. Like we do on Thursday, we can do it on Friday. We're not saving any money working ten hours a day as far as I'm concerned. We can talk about all the figures you want to, but it all adds up to me that I think that our purpose is to serve the people in this community five days a week. And I think that's what we should do. BRUESCH: Mr. Vasquez, you have a comment. VASQUEZ: I don't want to sound redundant, in all due respect to Councilman Imperial , but, as Maggie stated, we did have a savings of $10,000. We can serve more people early in the morning that are not able to be here and even late in the evening until six and I would have to go along with keeping it at a 4/10 work week. We're all entitled to our opinion and I respect your opinion Mr. Imperial. Thank you. IMPERIAL: I would like to say that if you want to try it Mr. Vasquez, than maybe we should try opening up five days a week and closing that air conditioner on Friday so nobody can use it and see how much of that $10,000 we save. I going to think it's going to basically the same thing. I hold to my original statement that I think we owe it to the people of this City to give them service in this City Hall five days a week. BRUESCH: Mrs. Clark. CLARK: I'm a little confused about Friday and the air conditioner, I don't understand. You have a key to City Hall, Mr. Imperial, you can make appointments with anybody you want. IMPERIAL: Maggie, I asked about this and I was told that no way could I get a key. TRIPEPI: There is only one key. IMPERIAL: No way could I get a key because the Council had given direction to the City Manager that we would save money and this was one of the ways we were going to do it so, therefore, he couldn't go against the will of the Council. So, I'm telling this Council that I've got a right to be in here and talk to people and do my work in here whenever I have the time and whenever it's necessary and I'm not saying get me an air conditioner, I'm saying get me a fan. But I just wanted this point brought out, OK. BRUESCH: I have just a couple of comments and I want to go back with Mr. Gonzalez. At the beginning of this, I too got calls about that people were not used to this type of thing. After about the 4th or 5th week, I heard nothing. Since then, in fact, I've gotten two or three calls from people. One sticks in my mind about a person near Rebel Field that had an illegal garage conversion, and we were talking about ways to go about working on this and he said " by the way, you know, I work, I have a business out in Upland, and I want to open up at 8:00 or 8:30 and it is so nice to be able to come down to City Hall CC-7-12-94 Page #10 • o at 7:00 before I go work and get on that freeway and get all my business done". He said that previously he would have had to take a half day off of work in order to do his business, and I have had one or two other people say that to me. I have not received any negative calls or comments from people. Sometimes someone will come up to me and say, "we have to go down to City Hall, that's right, they are not open on Friday, we'll do it on Monday then." You know, it's not something that is negative, it's like, well, things have changed, we'll have to change along with it. And my other comment is, having worked in terms of trying to ease our whole area of the San Gabriel Valley into the AQMP which is Air Quality Management Plan, we fought AQMP right along over many, many regulations, but the bottom line is whether we like it or not, in 1995, we are going to have to comply with Air Quality Management plan. And, one of the ways we can comply is by doing implementing a 4/10 workweek. It may not be the best of worlds to everyone, but to me it seems to be the least objectionable way to have people in our area be able to see that our City is complying. If we don't comply we're going to get money taken away and we're going to be on what they call "backstop" rules which are going to even more onerous. IMPERIAL: We can do this with carpooling, so let's give them the alternate, if we're telling the story. Thank you. GENE BOYD: My name is Gene Boyd, 3603 Earle Avenue, Rosemead. I'm not going to endear much of the staff to me making this remark, but I thought it would be of interest to you people. For four years, I was the Chief Distribution Clerk for General Motors out in South Gate. They were very, very strict on overtime. They had a memo which you could obtain by contacting the employee relations at South date where it shows that after eight hours of work, you're paid overtime. Now if it's forty hours a week, that's all right, you're still paid overtime. They reason they gave us, I was the Chief Clerk, I was pretty high in management, I could not work overtime because they said that you not only paid a person overtime for the time they worked over, but their efficiency dropped from 15 to 30% after eight hours. So, when you feel you're saving money, you know, by doing this, I think you better reconsider or get the information that they have out there as to, they had it all grafted out for us why we should not approve overtime. BRUESCH: Gene... BOYD: It is the lack, it is the efficiency of the workers that starts dropping after the eight hours that really costs you. BRUESCH: But, also efficiency drops the immediate forty-five minutes to half-hour before lunchtime too. BOYD: That's true, that's true. BRUESCH: If we went on efficiency ratings then we would have to give an hour and a half lunch. BOYD: Bob, you're on a matter of eight hours, you're in two hours. a...I think you can it from them, hours, it takes a tremendous drop. minutes. Now when you go after It does, it has, they'll send you showing what happens after eight BRUESCH: I've seen those same reports, how it gears up in the morning and how it goes down at lunchtime and how it gears.... BOYD: That's why they would not allow us to approve overtime. Because they said we're not only paying time and a half hourly wise, we're paying them time and a half in efficiency. I just thought you might be interested in that. Is it proper to ask to postpone you decision on this until the next meeting? Thank you. I just want to make this a point of interest, not a declaration. CC-7-12-94 Page #11 BRUESCH: Thank you. Tom. That is part of the AQMP "backstop" rules, Juan. TOM O'DELL: Tom O'Dell, 9045 Newby. I work for a company that's a lot bigger than the City. We went to a 4/10, and we did it for approximately one year. They wound up booting it out for the same reason that this man was just talking about. OK, again, like what Jess says, every time I have come to the staff for anything, there has been no problem, but I deal a lot with youth programs. Consequently, if there is nobody around on the weekends that I work, because with the program we're working weekends, and there's nobody around, then I ultimately have to be waiting for Monday to take of something that I could have taken care of over the weekend. Now, hold on... I don't have everbody's phone number, and most people in Rosemead don't have everybody on the Council's number. Again, like I'm saying, if you are going to continue the 4/10, my suggestion for most of the people that are out there dealing with youth, in consideration of them, you might want to consider maybe including that 4/10 on at least two of those days which would be Friday and Saturday, OK, and then you want to dump Monday and Tuesday, then fine, knock yourselves out. IMPERIAL: I think this only concerns 11 people anyhow in this 4/10 and that's the staff in this City Hall. Parks and Recreation is on... TRIPEPI: That's what I was going to say Mr. O'Dell. Parks and Recreation people work on Fridays, Saturdays, and Sundays. O'DELL: Well, OK, here's the problem. The Parks and Recreation people, OK, as far as you talk to a Rec Leader, he will not budge. If you tell him that this is what is supposed to happen, he doesn't care what was supposed to happen. All he knows is this is what he's being told and he won't deviate from that, and the reason being is that he doesn't have the word somebody. Now if he cannot contact somebody, then here we are stuck waiting for Monday. That's my point. TRIPEPI: We have a Supervisor that is on with that staff. Michael, you want to run through the Recreation Park staffing. BURBANK: What we have done to Parks and Recreation is very simple. We've taken one Supervisor, she works on Tuesday through Friday, she's at Garvey Park, she's there from 8:30 in the morning until 6:00 at night. The Park Superintendent is on on Fridays, he's off on Mondays, he works from 6:00 in the morning until 4:30 on Friday. So, technically, we either have myself on Mondays or the Park Superintendent on Fridays, and we have a Rec. Supervisor here five days a week. Three of them are here Monday through Thursday, one of them is here Tuesday through Friday. O'DELL: Oh, so there is somebody. OK, well then I'm getting some misinformation on that part. Thank you. BRUESCH: Thank you. I think we've thoroughly discussed this. We need some sort of motion on this. CLARK: Mr. Mayor. BRUESCH: Oh, excuse me Ma'am. I'm sorry. GUNTER: Helen Gunther, 3654 Dubonnet. I want to tell you what the other citizens are saying. You say take it to City hall, they say "why the hell should we, City Hall cares less, they closed on Friday, by Monday forget it." CLARK: Mr. Mayor, I'd like to make a suggestion that possibly we make a phone available on Fridays where the citizens can call in with problems and maybe one staff member rotates picking up those messages and answering them. Like Jeff has one Friday, Don one Friday, Frank has another Friday. That seems to be the only thing I'm hearing about is that there is no accessibility on a Friday. CC-7-12-94 Page #12 O IMPERIAL: Point of information, Mr. Mayor. What good does it do to have somebody on a Friday if they can't take care of the problem. You might as well as contract with a phone exchange. CLARK: Excuse me Mr. Imperial. I didn't say that the problem wouldn't be taken care of, did I. IMPERIAL: Then what's the use of the phone, I don't understand. We can call in here now. BRUESCH: Basically what has been suggested is that if there is a problem that needs immediate attention, that phone answering machine would be accessed by staff member, a staff member on a rotating basis that would be able to take of any immediate problems that didn't have to wait until Monday. CLARK: For example, Parks and Rec. is in force. If there is a problem with the youth, that would be taken care of. If it's a trash problem, Consolidated Disposal in Santa Fe Springs is open. I can't think of what else. If somebody wants a building permit, they can get one on Monday, that's not urgent. FRANK O'DELL: Frank O'Dell, 1315 Delta, Rosemead. I'd like to ask everybody here one question, what other government agency that serves the people is closed on Friday. BRUESCH: Many. O'DELL: Many? I haven't heard of any. I know if you go down to the IRS, if you go the State Board of Equalization, if you go to City Hall downtown, they're all five days a week. BRUESCH: There's quite a few cities that are doing this. I know that some of the special districts are doing this to comply, again with Regulations from AQMD. I don't know what percentage of cities are doing it, but I do know that many cities are doing this - library districts are doing it, I'm not saying the County libraries, that's a completely different problem, they're closing the libraries. But there are some local library districts that have decided to comply with the regulations and quite a few cities have done so also. O'DELL: Well, I just feel that waiting from Thursday to Monday, if you have a problem, you might not have a problem all the time, but if you do have a problem that might be pressing... TRIPEPI: Mr. O'Dell, I think what we're saying is we're not asking for people to wait from a Thursday to Monday with a problem that needs to be taken care of on an immediate basis. The Sheriff's Department is still working, the Fire Department is still working, the trash is still picked up. O'DELL: But if there's a problem that... TRIPEPI: What kind of problem have you had where we haven't been here. O'DELL: I, personally? None. OK, but if there's something business wise that needs to addressed by the city Hall only, you have to wait from Thursday to Monday. TRIPEPI: And did you understand Mrs. Clark's earlier comments regarding the numbers, close to a 1000, who for whatever reason elected to come in here between 7:00 and 8:00 in the morning or 5:00 and 6:00 in the evening to get service because they work the same hours that we did when we were 8:00 to 5:00 and they didn't want to have to take off work to come in here. CC-7-12-94 Page #13 O'DELL: Even if you have one, two, or three, there's still one, two or three people Like I said, even if you have one, two or three, you still have those one, two, or three that should be serviced by... BRUESCH: And that's what we're saying. With the telephone answering service, if the problem that was stated was of immediate need that could not wait until Monday, then that person would be serviced with that immediate need. In terms of things like permits, those can always wait a couple of extra days unless they're under a deadline. TRIPEPI: But, we don't, we don't wait until Monday. We do permit inspections on Friday. BRUESCH: I'm ready to accept... Juan, you already spoke on this. NUNEZ: Yes, but I understand that sometimes when people come in here, they ask for Al Rodriguez, Al Rodriguez isn't here until 11:00 of Monday or whatever. What happens then? BRUESCH: Because that is a contracted service, it's not an in-house person all the time. NUNEZ: So, what hours. Let's say Al Rodriguez, what hours does he work? BRUESCH: They will give those hours at that time. Al, do have the times. RODRIGUEZ: I'm available 40 hours a week. I have another office and I often take requests from there directly, so if there is anything you need from me, call me at my other office, I'm there from 7:00 a.m. NUNEZ: What is your other office number? RODRIGUEZ: It's area code (310) 908-6285. NUNEZ: And also, Maggie you mentioned there's a number for Friday. CLARK: That's what we're suggesting. This will be a new thing. BRUESCH: Is there a motion? VASQUEZ: So move we stay with the 4/10 work week. CLARK: Mr. Mayor, I'll second it with the addition that we add the phone accessibility on Friday. BRUESCH: Yes, the answering machine with the accessibility from staff members. IMPERIAL: Mr. Mayor, I would like this motion to contain a request by me that we re-evaluate our position within 90 days. BRUESCH: OK, we'll have it come back in three months. IMPERIAL: Have it come back in 90 days and I would like to evaluate every 90 days for the next year. BRUESCH: OK, we can do that... CLARK: I say we evaluate in another year when you have the seasonal data on utilities, you can't do it for three months. You have the hot summer months, you have to compare it with the cold winter months, too, to get the full picture. So, I would say we reevaluate this in a year. CC-7-12-94 Page #14 0 IMPERIAL: I stand with my request for every 90 days, Mr. Mayor, so we get a run-down on exactly what's happening throughout the term of a whole year. VASQUEZ: I don't agree with that, and I made the motion. BRUESCH: The maker of the motion and the second do not agree with the request. The motion stays as it is to continue with the 4/10 work week. Would you please vote: Voting taken from voting slip: Yes: Clark, Bruesch, Vasquez No: Imperial Absent: Taylor Abstain: None IMPERIAL: I would like this conversation to be verbatim in the minutes. END VERBATIM DIALOGUE B. VALLEY BOULEVARD - PARKING PLANTERS MODIFICATION VERBATIM DIALOGUE FOLLOWS: ROBERT ANGLES: 9147 Valley Boulevard, Rosemead. Primarily, I request that the Valley Boulevard Median Modification any decision be postpone until, say September, in order that the property owners can be notified to where they can express their opinion and I would like to City to mail out postcards notifying...I have attempted to and I can't ...there are some vacant building and I can't get a hold of them. BRUESCH: In terms of the businesses along Valley Boulevard. ANGLES: Well, this is what this affects... Yes. The item VII.B. has to do with the median modifications. Did I make a proper motion or do I have to reword it. BRUESCH: Well, it has to be moved from up here. I'll defer this to Mr. Imperial because he brought it up. Mr. Imperial... IMPERIAL: I have no problem, Mr. Mayor, deferring this until all the business people in the beautification project are notified and can submit their opinion on what they want to do. BRUESCH: Is that a motion that we defer this until all the business... IMPERIAL: Until notification has been given throughout the beautification program. CLARK: Mr. Mayor, I hate to beat a dead horse, but I spent two hours this morning going through the previous files when we had this before the Council in 1991. We went through all this about what are we going to do on Valley, we needed to have a full concept of whether we're going to take the bubbles out or are we going to put medians in the center, are we going to have trees in the center. There is no concept in place at all so I don't see what we are giving the business notification of. Secondly, we went through this process of notifying all the businesses on Valley to come to a meeting to air their views. They were notified that they would probably lose their parking altogether, very likely with the congestion managements plans that are coming from the County and the State. So, it was at my request that businesses be notified that they will lose the trees and not assume that they will gain a parking space, that they actually might lose the CC-7-12-94 Page #15 entire parking space. The State's trying to do that on Rosemead, Gene knows all about that, where the businesses are in danger of losing their parking because the State wants the thoroughfares to move faster, in front of P.I.P. in front of some of the other businesses there. They don't want to lose their parking, but the agencies are coming down and saying we want traffic to move faster so we're going to take the parking away. So, this is what the businesses on Valley need to recognize, if they take the "bubbles" out, they are decreasing the parking by one-third and they are liable to lose it all, and like I said, the minutes were verbatim in 1991. It's like you had a festering sore for 15-20 years, you didn't like that tree out there because it's taking one of your parking spaces. So, I'm going to CLARK (CONT.D): to take care of that sore, I'm going to do it...this sore is on your leg, I'm going to take that away, I'm going to solve the problem by removing your leg. Now is that what they want, to remove that festering sore by taking the leg off. In other words you are going to lose the whole parking... excuse me (Mr. Angles), it's my turn to talk. ANGLES: You've interrupted me before and you're misinforming right now again... CLARK: Excuse me, how so? ANGLES: (Not clear on tape)... information. CLARK: For your information, we asked for this meeting for all the businesses to come out and be notified that'-they might lose their parking. There were very few people at that meeting. And if I might say, the only people on the Council that were at that meeting were Mr. Bruesch and myself. Mr. Imperial, Mr. Taylor, and Mr. McDonald did not show up at that meeting. IMPERIAL: It must have not been well advertised then, I guess. BRUESCH: It went to every business, Jay. IMPERIAL: Let me tell you something, it started out as... CLARK: Excuse me, I have the floor still. IMPERIAL: OK then it's my turn. CLARK: I have in the minutes here that at that meeting there were only two Councilmembers present. For the courtesy of the businesses that managed to show up, we listened to all the business people that were there. But there were three Councilmembers that were not there. Now I don't understand what happened, but that didn't show too well to me. BRUESCH: Can we have a motion on the floor. IMPERIAL: Is it my turn now? Thank you. This started out as a remove the "bubble" thing and this started even before Maggie was on the Council, OK. All I wanted to do was remove the bubble and the trees to increase the parking availability on Valley and Rosemead Boulevard. Now were talking about the State coming along and saying "we're going to give you a lane between 3:00 and 6:00 at peak traffic times". Do you realize what this would do to the businesses on Valley, and the businesses on Rosemead Boulevard if they did this? It would put them out of business. The only recourse we would have if the State did this, and try to mess up everything here like they do elsewhere, is to put them into some kind of a legal suit, we'd have no choice. They'll be putting these people out of business. If you walk behind these businesses you'd find out there's no parking to speak of either. So the only recourse is to try to form some kind of a CC-7-12-94 Page #16 consortium if you can't do anything else and get these businesses to tear all that down, buy property, and go into some kind of a group where they'd all own part of it. But that's it, we can't allow it if the State should come tomorrow and say we're going to put a peak lane through there. How can we do this when we haven't got the parking now. They might as well shut down at 3:00. So, let's not worry about what the State is going to do. BRUESCH: Let's proceed with this diplomatically. There was a motion on the floor. Mr. Imperial, would you make your motion again. IMPERIAL: I make the motion that we postpone this until notification has been made of the whole business district, and why don't we just go a little further with that because we have people that try to use this business district. We can't and just give it up because there is no place to park. BRUESCH: Your motion then is to postpone to the next meeting until after all businesses affected along Valley Boulevard are notified. Is there a second to this motion?... Hearing none it fails for a lack of second. Is there another motion? I guess then we receive and file this material. IMPERIAL: I would also like the minutes of this verbatim. CLARK: Mr. Mayor, since this is going to be verbatim, I would like to say that the reason that I am opposed to removing the bubbles is because I want the parking to stay on Valley Boulevard. I am very concerned about the businesses. On Garvey, they are already talking about peak hour parking traffic restrictions all the way from E1 Monte to way over there. If that goes through and we have no choice in it, Mr. Imperial seems to think that we can stop it, I would like to think we can. IMPERIAL: I'd like to think we can try. CLARK: That's fine, we can try, but that doesn't mean it's going to happen. Once we take those bubbles out, there is no recourse other than litigation, which, yes, we would do. But, there is no recourse We have a lane that they can just take and it's gone. If we lose the case, the businesses have lost. If we keep those bubbles there, we at least have a toe hold where we can say you're not going to make a lane out of that. If you want to pay for it, you take them. At least we have a stall technique. At least we have them paying for the project. Why should we walk into this and give them the opportunity to take it away from us. I'm concerned about those businesses, and if I were a business owner, I would rather have two-thirds of the parking than no parking at all. BRUESCH: I have just a few short comments to make. First of all, this idea about an added lane on Valley Boulevard came to us before today. If I'm not mistaken, Alhambra, down the road, has already approved of the peak hour lane on Valley Boulevard. CLARK: They did a while back. RODRIGUEZ: I don't remember, I remember they were considering it, Mr. Mayor. BRUESCH: In terms of their improvement project throughout Valley. RODRIGUEZ: It's possible because this was presented to a number of cities in 1991. BRUESCH: What I am saying is that if we're the missing link in the middle and all the other cities have approved it, then the force of law will be swimming against us, we'll be swimming against the stream. The second thing is, again, I'll say, in terms of the CMP and the CC-7-12-94 Page #17 AQMP, these are facts that are coming to us and they have the force of the law in back of them. It's not just County law, it's State and Federal law and they do have the "sticks," the punishments that are going to be applied to us. I look some of these backstop rules that they are trying to promulgate to take the place of what we're doing in terms of congestion management and some of them are terrifically onerous. Forcing a business to sell part of their parking lot is what one of the rules is. Sell part of your parking lot to force your people not to have parking that work there, not to have parking so they take the bus or carpool. That is one of the rules that they want BRUESCH (CONT.D): to establish. And, we're fighting that even if we have to go to court to fight it. But, the point is that these rules are going to become part of our whole planning process as a City. What they're saying is that we no longer can look at traffic congestion as a City and say "Oh, isn't it terrible". Now we have to do something about it. If we don't, the County will step in and do it for us. We can't stand back and look at the map of the air pollution as it was today and see the San Gabriel Valley as the only place with unhealthy air. This place that has twice the unhealthy air as any other place on that air quality map, statistically. We can't step back and say isn't it awful that we have bad air. They're saying to us that they're going to do things in this Valley, in this City to improve the air quality, and if you don't do it, we'll do it for you. And just, by saying we're not going to do it, doesn't mean that they're not going to step in and do it for us. So, my feeling is that I agree with Mrs. Clark. If there is the outside chance that we take those bubbles out and the State moves in and says now you have to have that lane as a transportation lane inbound in the morning and outbound in the afternoon. We may not have any recourse in law to combat it, and there goes the total parking. Thank you, we will go on to the last item. END VERBATIM DIALOGUE C. REQUEST FOR MARRED CROSSWALK ON GARVEY AVENUE AT BURTON AVENUE Councilmember Imperial stated that it is difficult to cross that intersection, vehicles will not stop and that the crosswalk needs to be marked. MOTION BY COUNCILMEMBER IMPERIAL that the Council approved the marked crosswalk on Garvey Avenue at Burton Avenue. This motion died for a lack of a second. No subsequent motion was made. Mayor Bruesch stated that he is against marked crosswalks. Councilmember Clark stated that her reason for not seconding the motion was that it gives the pedestrian a false sense of security. Pedestrians will be more careful crossing at an unmarked crossing than a marked one. Mayor Bruesch stated that most traffic studies indicate that unsigned and unsignaled crosswalks be removed due to their unsafeness. Mary Ann Sife, Emerson Place, Rosemead, stated that she has been a resident of Rosemead for 47 years and that the signal installed at Emerson Place and San Gabriel has made traffic worse. She then thanked Councilmember Imperial for his help and concern over a problem in her backyard. CC-7-12-94 Page #18 VIII.ORAL COMMUNICATIONS FROM THE AUDIENCE - NONE There being no further action to meeting was adjourned at 10:30 p.m. scheduled for July 26, 1994, at 8:00 Respectfully submitted: City Clerk CC-7-12-94 Page #19 be taken at this time, the The next regular meeting is p.m.