CC - 10-11-83APPR®V E~
CITY OP PusE. MEAD
DATE
MINUTES OF THE REGULAR MEETING I"
.ROSEMEAD CITY COUNCIL
OCTOBER 11, 1983 AT 8:00 P. M.
The regular meeting of the Rosemead City Council was called
to order by Mayor Cleveland at 8:10 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 Reverend Paul Bentston.
ROLL CALL OF OFFICERS:
Present: Councilmen Cichy, Imperial, Taylor, Tury and
Mayor Cleveland
Absent: None
APPROVAL OF MINUTES: September 27, 1983 - Regular Meeting
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the Minutes of the Council Meeting of September 27, 1983
be approved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS:
Mayor Cleveland introduced Assemblywoman Sally Tanner and
stated that the Council was presenting her with a placque commend-
ing her for her active assistance and support to the City of Rose-
mead on the soundwall project.
Assemblywoman Tanner accepted the placque and expressed her
appreciation to the Council, and hoped that she could be of con-
tinued assistance to the City of Rosemead in their needs.
Mayor Cleveland stated that the next presentation was to the
Temple Sheriff's Station contest winner, Renee Magana. She was
the recipient of a $50 Savings Bond donated by the 1st American
Bank in Rosemead as a winner of the coloring contest. Lt. Tom
Johnson of the Temple Sheriff's department made the presentation.
I. ORAL COMMUNICATIONS
A. Marie Hill, a long time.resident of Rosemead, expressed
her appreciation of the many services that Rosemead has made avail-
able to her and her family, and that she enjoys the preschool work
that she is involved in and wants to continue for many more years.
II. PUBLIC HEARING
A. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO A
DECISION OF PLANNING COMMISSION TO DENY CUP REQUESTED
BY MIN SONG KANG FOR SALE OF BEER & WINE AT 9423 VALLEY
Mayor Cleveland stated that the continued Public Hearing was
open and inquired if there was anyone in the audience who would
care to speak on behalf of the applicant, Mr. Kang.
Proponents:
Michael Roquemore, 2140 W. Olympic Boulevard, Suite 514,
Los Angeles, Attorney representing Mr. Kang, commented that Mr.
Kang has managed a liquor store for over eight years and has
never had a violation, and he brought with him great many people
who could support his honesty and integrity.
Min Son Kang, applicant, 5900 N. Bartlett, San Gabriel,
read a prepared message to the Council requesting they approve
the Conditional Use Permit to allow beer and wine be sold to
his customers of the Produce Market at 9423 Valley Boulevard, CM 10-11=83
Rosemead. Page N1
• 0
Mrs. Irene DeNava, 9332 E. Valley, across from the produce
market, and stated that she shops at the produce market and that
allowing the sale of beer and wine would permit her to shop in
one place since she does not have transportation to go a long
distance from her home.
Lanny Aplanalp, 4746 Fendyke Avenue, felt that the build-
ing is a great improvement to what had been there prior to Mr.
Kang's presence and is certainly a plus for the City of Rosemead,
and stated that it would be a shame to allow that business to
deteriorate because of a economic pressures due to a lack of a
liquor license. He felt that it would be a convenience to him
as well as many others to be able to pick up a six pack of beer
while shopping for produce.and not make an additional stop some-
where else. He felt that he deserved the opportunity to have
a successful business.
John Lofter, 5903 N. Bartlett Avenue, San'Gabriel, a neighbor
of Mr. Kang, spoke on his behalf stating that Mr. Kang has been an
as in the neighborhood, with a beautiful home and beautiful
family, and he felt that his business would be an asset to the
Rosemead community. Mr. Lofter strongly urged the Council to
support Mr. Kang's request.
Mr. Michael Roqmore requested all the proponents of Mr. Kang's
request to stand up. Approximately 40 people stood up in favor of
the request. Mr. Roqmore stated that Mr. Kang has put a great deal
of money in this business, his life savings, however, even if he
doesn't get the license to sell liquor he will survive, but it would
be good if he could survive in the manner that he has been doing
which would also be an improvement for the City of Rosemead.
Ken Pike, 9220 Steele Street, stated that Mr. Kang is not ask-
ing for favors but just to compete equally with other stores so that
his store will be convenient to his customers.
Mayor Cleveland requested a 10 minute recess.
The Councilmeeting reconvened.
Mayor Cleveland requested all the opponents of the request to
choose six spokesmen for their group.
Terry Totten, 8632 Scott Street, spoke against the CUP requested
by Mr. Kang. She stated that she was not opposed.to his being suc-
cessful in his business only that she was opposed to having anymore
liquor outlets in the City of Rosemead, and she felt that liquor out-
lets should be curbed not increased.
Councilman Tury stated that 16 of this type of licenses have
been applied for and 10 have been denied, and others have been
abandoned. There has been a concerted effort made to curb the
issuances of liquor licenses. He stated that what is being con-
sidered tonight is, will Mr. Kang's business be viable without a
liquor license, does it provide a convenience to the people. Shop-
ping-wise it is the only place that food can be purchased other
than Alpha Beta on Valley Boulevard.
Tony Renoso, 9442 Valley Boulevard, owner of Tony's Liquor,
protested the issuance of a license to Mr. Kang, and stated that
Mr. Kang is a partner of a liquor store on Garvey Avenue in E1
Monte.
Robert Lazar, 9617 Valley Boulevard, E1 Monte, stated that
there were more than enough liquor outlets on the same block.
Mr. Lazar stated that he was the landlord of the Chateau Wine
Tasting Room and he lives above his business and he commented
on the bottles and cans strewn around the streets and he felt
that an additional source would just add to the unsightliness.
Balif Leo, 9341 E. Valley Boulevard, owner of the Mission
Valley Liquor, felt that his store had anything that the neigh-
borhood would require and that there was no need for an additional
liquor outlet, and behind his store there is a meat market.
CM 10-11-83
Page lit
Mr. Roqmore spoke again in rebuttal to the opposition of
the CUP requested.
Mayor Cleveland closed the Public Hearing.
Councilman Imperial stated that the competition between
Mission Liquor and Tony's Liquor Stores and Mr. Kang's store
is not the question or what is to be considered at this time.
The Korean's in the area would be much more comfortable in that
market where others that they can relate to will be, and it would
be a cultural service to those of Korean extraction in the Com-
munity.
Councilman Tury stated that Mr. Kang has
deal of money in this town, and cleaned up an
serve the community as an asset.
Councilman Cichy inquired what period of
process and what occurs during the review pro
violation of.the conditions set forth or even
lation?
invested a great
eyesore and will
time for a review
--ess if there is.a
if there is no vio-
John Carmona, Planning Director, stated that after a period
of six months there is a Public Hearing for evaluation before
the Planning Commission.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL
that the Appeal to the Planning Commission's decision for a CUP
at 9423 Valley Blvd., for a period of one year be granted and that
a public hearing before the Planning Commission be set at that time
on the renewal question and the hours will be limited to 8:00 a.m.
to 8:00 p.m., and all other standard conditions shall be incorpor-
ated in the Resolution to be presented at the next Council Meeting.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 83-43 - CLAIMS & DEMANDS
RESOLUTION NO. 83-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE
SUM OF $249,370.52 NUMBERED 8700-8712 & 7639 THRU
7735 INCLUSIVELY
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that Resolution No.83-43 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 83-44- RESOLUTION OF INTENTION TO
VACATE PUBLIC EASEMENT & SET PUBLIC HEARING DATE
RESOLUTION NO. 83-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD EXPRESSING THE CITY COUNCIL'S INTENTION
TO VACATE A PUBLIC EASEMENT (ARROYO DRIVE)
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that Resolution No. 83-44 be adopted. Vote resulted:
UPON ROLL CALL ALL.COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CM 10-11-83
Page #3
i •
IV. CONSENT CALENDAR (CC-B, CC-D and CC-E)
CC-A APPROVAL OF SEWER SYSTEM & RELEASE OF BONDS FOR
TRACT #37061 - 1128 WALNUT GROVE
CC-C APPROVAL OF PARCEL MAP #14755 - 2506 KELBURN
CC-F AWARD OF IRRIGATION CONTRACT WALNUT GROVE SLOPE
CC-G REQUEST AUTHORIZATION TO ATTEND ANNUAL CALIFORNIA
PARK & RECREATION CONFERENCE
CC-H ACCEPTANCE OF ROAD DEED, PERMITS TO ENTER, RIGHT OF WAY
AGREEMENTS FOR NEWMARK STREET IMPROVMENT PROJECT
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY
that the foregoing items on the Consent Calendar be approved.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-B AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES
IN NEW ORLEANS, LA., NOVEMBER 26-30, 1983.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that authorization to attend the National League of Cities in
New Orleans be denied. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-D INDEPENDENT OUTDOOR ADVERTISEMENT AGREEMENT
This item to be discussed with Item V-A.
CC-E PARKING RESTRICTIONS WALNUT GROVE/KLINGERMAN
Councilman Tury stated that he had a call from a resident
on Fern and Walnut Grove who is upset about the red curbs also,
and had requested that the item be held over to the next meeting
as he is out of town tonight. At that time possibly the memorandum
could include Fern and Walnut Grove along with Klingerman and Walnut
Grove.
There being no objections, the item CC-E would be held over
to the next meeting.
V. MATTERS FOR DISCUSSION
A. BILLBOARDS - INDEPENDENT OUTDOOR ADVERTISEMENT AGREEMENT
Councilman Taylor inquired regarding the obligation owed
to the land owners plus the sign companies, and questioned if
the staff had done some kind of a study on the liabilities on
the removal of signs.
John Carmona, Planning Director, stated that the actual cost
of the sign to the property owner and the sign company will be de-
termined under the provisions under eminent domain. It would be
up to the courts to determine a value to the sign and how to pay
both the property owner and the sign company.
Councilman Taylor inquired if there wasn't a stipulation to
pay the land owner for the loss of his income, and questioned what
kind of agreements do the sign companies have with the land owners
and have they renewed these agreements and thereby costing the
City a much higher liability since December of 1982.
Councilman Tury stated that the proposal which is presented
by the Independent Outdoor Advertisement is totally unacceptable
to him as it proposes to put in seven and remove ten which means
a net loss of three signs. He felt that a negotiated settlement
is fine, however, if they agreed to take them out in three years
he questioned if that would be a binding agreement.
CM 10-11-83
Page #4
Robert Kress, City Attorney, stated that the agreement as
presented needs some work, and doesn't advise that the Council
enter into it in this particular format. It could be valid today
and could be invalidated by the State Legislature in one year or
two years from now, and stated that there is a great deal of
lobbying being done by the sign companies.
Councilman Taylor requested information regarding what our
liabilities are as far as paying up current leases. If the City
waits,, in the next three year period, new leases will be drawn up
.an&:.future liabilities could be much more.
Councilman Tury stated that.the staff should be instructed to
begin discussion with Outdoor Advertisement and at least verify
where they are and which ones they intend to take out and which ones
they intend to replace.
John Carmona, Planning Director, stated that he was not recom-
mending consideration of the agreement before them, however, he was
suggesting that the staff negotiate with Independent Outdoor and see
what can be done in respect to this agreement.
Councilman Taylor felt that it might be cheaper to buy them out
now instead of three or five years later.
Councilman Tury inquired if the City has more liability now
than the City had last year? He stated that City had to buy out
the signs under the old law and could not understand what the
change in the new law is since the City still has to buy them out.
John Carmona, Planning Director,.stated that he was not aware
of an old law.
Robert Kress, City Attorney, stated that it was not the sta-
tutory law a few years ago..
John Carmona, Planning Director, commented on a request made
by Councilman Taylor inquiring about private lease agreements and
private matters. He stated that the staff could discover a way to
gain access to that information, however, the information is pri-
vate information with respect to value.
Councilman Taylor stated that no matter at what point in time
the City begins the proceedure that will have to be done.,
Robert Kress, City Attorney, stated that the Staff may not be
able to get it, unless the City is involved in condemnation pro-
ceedings. Mr. Kress stated that his understandings from the con-
versation was that the staff should talk to Independent Outdoor
and see what information they have as to the exact location of
each of these signs, which ones they propose to take out now, and
which ones they propose to replace, and see if a shorter period
of time can be negotiated, and perhaps change the compensation to
an amount that would not be changed by any change in the State Law.
Councilman Taylor stated that there would be two sources of
information looked for. First from the property rolls, the owners
of the properties that the signs are on can be found, and from them
find out what their lease time is and then go to the billboard com-
pany for their input.
John Carmona stated that that will.be done, however, it is not
the obligation of the land owner to provide that information nor
the sign companies. The request will be made.
Mayor Cleveland stated that this item would be deferred until
the staff is able to present the information requested.
There being no objection, it was so ordered.
CM 10-11-83
Page N5
VI. MATTERS FROM OFFICIALS
A. Donald Wagner, Assistant City Manager, announced to
the Council and the audience that the Executive Assistant to the
City Manager, Paul Rankin, has been appointed to the position of
Assistant to the City Manager of Dublin, California. He stated
that Paul has been a great asset to this organization, and although
he has not been with Rosemead for very long, he has been of great
assistance to him.in helping him to fit in the organization, and
wished him luck in his new position and congratulated him.
B. EXECUTIVE SESSION
Mayor Cleveland stated that a personnel session was held in
the Conference Room.
There being no further business, the City Council adjourned
to the next regular meeting on October 25, 1983 at 8:00 P. M.
Respectfully submitted:
City Clerk
APPROVED:
fib
MAYOR
CM 10-11-83
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