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CC - 09-27-83; FROV ED q.,,y or 1205):4EAD MINUTES.OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL SEPTEMBER 27, 1983.AT 8600 P.M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:00 p.m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Cichy. The Invocation was delivered by Reverend Richard Acosta. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Taylor, Tury and Mayor Cleveland Absent: Councilman Imperial (excused) APPROVAL OF MINUTES: September 13, 1983 - Regular Meeting MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Minutes of the Council Meeting of September 13, 1983 be ap- proved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS Terri Totten, 8632 Scott Street, inquired about the avail- ability of cable T.V. to Rosemead. Frank Tripepi, City Manager, stated that the Council has reviewed a study on the feasibility of a joint ownership with the cable company. A decision as to what is best for the City as it relates to cable T.V. may be expected by the end of the year. II. PUBLIC HEARING PUBLIC HEARING TO CONSIDER AN APPEAL TO DECISION OF THE PLANNING COMMISSION TO DENY CUP REQUESTED BY MIN SONG KANG FOR SALE OF BEER & WINE AT 9423 VALLEY, P4ayor Cleveland stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding this matter. Michael H. Roquemore, 2140 W. Olympic Boulevard, Suite 514, Los Angeles, attorney for Mr. Kang, stated that one of the main points of Mr.'Kang's application is convenience. Mr. Kang's market serves a public convenience by being in the location it is. It also serves safety for the customers as they will not be required to cross the street for additional shopping. Mr. Roquemore handed 10 pictures to the Council showing the inside and outside of the market as well as paved alley behind the market and fire hydrant in front. Min Seong Kang, 5900.Bartlett, owner of the Farm Fresh Produce Market, 9423 Valley Blvd., read a prepared speech in which he stated that his market presents a convenience to the public. In order to build the market he paved the alley behind the property and installed a fire hydrant at a total expense of approximately $12,000. He asked that this be taken into consid- eration by the Council. CM 9-27-83 Page #1 Dir. Roquemore requested that the 10 pictures be made part of the record. He stated.that Mr. Kang's market depends on the permit in order to survive. He investigated the criminal activity in the area and found the area to be quiet. Contrary to large supermarkets, the produce market closes at 7:00 p.m. Sye Oh, 1136 S. Monterey Street, Alhambra stated that the market is a favorite convenient place for him and his wife to shop. Ho Cheng, 3155 Santa Anita, E1 Monte, Real Estate Agent, stated that Mr. Kang invested his life savings changing a slum area to a beautiful place which is an asset to the City of Rosemead. Miriam Jasso, 9353 E. Mission, stated that the other two liquor stores in the vicinity will not be harmed by giving the produce market a liquor license because of the 7:00 p.m. closing time. Robert Kress, City Attorney inquired if Mr. Kang intended to apply for a liquor license when he was building the market. Mr. Roquemore stated that people were coming in asking for beer and wine, which gave Mr. Kang the impression that it would be better if.he did sell beer and wine. Terri Totten, 8632 Scott by 76 residents of Rosemead s Rosemead protest the granting the Farm Fresh Produce store. not benefit our neighborhood, in the immediate area." Street, handed a petition signed tating: "We, the residents of of a beer and wine license to The granting of a license would as there is sufficient outlets Tony Renosi, 9442 Valley Blvd., owner of Tony's Liquor, stated that he has been in this location for approximately 12 years and that he has never seen an accident involving people crossing the street. He feels that the produce market is a benefit to the neighborhood just as it exists. Jack H. Nugent, 9416 E. Valley Blvd. stated that he has been in the area for 43 years and that there are too many outlets. He expressed concern about the possibility that the new pizza place would want to sell beer and wine as well. Bob Longfield, 3553 Temple City Boulevard, stated that there are too many liquor stores in the area. Bob Young, 3612 Marybeth Ave. stated that he feels that convenience is not the issue and that granting a license would set a wrong precedent.. Michael Roquemore stated that his client, Mr. Kang, must sell what people want to buy in order to.stay in business. He feels that convenience, safety and survival as a business are the issues. John Carmona, Director of Planning, stated that the pizza place has applied for a license for on-sale beer and wine. Mayor Cleveland inquired if there was anyone else who would care to speak. Hearing none, he closed the public Hearing. Councilman Tury stated that he would prefer to continue the request to the next meeting in order to allow the Council more time to speak to some of the people who signed the petitions. The pizza parlor-Is request for a liquor license is something that just came up and should be looked into. Councilman Cichy stated that he would like more time to speak to the petitioners. CM 9-27-83 Page #2 Councilman Taylor requested a breakdown of the cases that were granted or denied over the last three years. He also preferred to continue this item to the next meeting. Councilman Tury stated that the pizza parlor is a critical issue that needs to be looked into before the next meeting. He invited everyone who spoke tonight and would like to be notified of the next hearing, to give their name to the City Clerk. Mayor Cleveland stated that the request for CUP 83-268 will be continued until the next meeting of the City Council on October 11, 1983 at 8:00 p.m. Mayor Cleveland called for a 10 minute recess. Mayor Cleveland reconvened the meeting. III. LEGISLATIVE A. RESOLUTION NO. 83-42 - CLAIMS AND DEMANDS RESOLUTION NO. 83-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $496,378.38 NUMBERED 8683-8699/&7531 THROUGH 7638 INCLUSIVELY MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Resolution No. 83-42 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-B & CC-C removed) CC-A CLAIM AGAINST CITY ON BEHALF OF ELAINE LEE Recommendation: Reject CC-D ACCEPTANCE OF TRAFFIC SIGNAL MODIFICATIONS Recommendation: Approval CC-E WATER STUDY PROPOSAL Recommendation: Approval MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that the foregoing Items on the Consent Agenda be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-B AWARD CONTRACT - HELLMAN STREET IMPROVEMENT PROJECT #JB496 Councilman Taylor inquired why the low bidder was excluded on the awarding of.this contract. Tom Howard, Deputy City Engineer, stated that this was due to an oversight on that bid, making it an improper bid. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Hellman Street Improvement Project #JB496 be awarded to Low Bidder. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-C AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES IN NEW ORLEANS, LA., NOVEMBER 26-30, 1983 Councilmember Taylor stated that he intended to vote in opposition as he could not justify the expense. Councilmember Tury stated that he agreed with Councilmember Taylor on this item. CM 9-27-83 Page #3 0 • Mayor Cleveland declared this issue received and filed. V. MATTERS FOR DISCUSSION & ACTION A. MODERN SERVICE Robert Kress stated that substantial progress on this item was made during last meeting and that a memorandum from his office dated September 21 went out to Council. Frank Tripepi reported on having received from Simpson & Simpson basic information as to what the requirements by the City would be if the Council decided to have Simpson & Simpson perform an audit. Councilman Tury's request to obtain a list of guidelines and procedures that are now being followed by the City of Azusa relative to auditing and/or considering requested increases from.the franchise holder, will be acted upon. Councilman Tury stated that the proposal received from Simpson and Simpson is more far-reaching than Council is inter- ested in. The main interest is resolving the dump fee in case of large increases that are out of Modern's or our control. Councilman Tayler stated that he is in favor of locking it in to dump charges only and to come to a full agreement that no other items will be challenged. Robert Kress summarized the discussion by stating that what Council wants from Simpson & Simpson is: 1) to establish a work- able procedure for review/approval of dump fee increases without a full blown audit, and 2) to establish for incorporation into the contract the list of specific financial records that must be kept - in essence, setting the ground rules for a future audit. By the next meeting this information should be available and hopefully agreed to by the contractor's attorney and Simpson & Simpson. Mayor Cleveland continued this item to the next meeting. B. STATUS REPORT ON SUBVENTIONS Frank Tripepi reported that Governor Deukmejian signed AB 895 into law on September 21, 1983, which will re-instate Rosemead's.subvention moneys for this fiscal year. Councilman Tury reported reading that the California League of Cities' resolution is to ask for an increase in the sales tax, which he opposes. He would like a concensus of Council whether to support the increase of the.sales taxes for cities or not. Councilman Taylor stated that he believes that the sales tax represents a fair share of what people can afford to pay, but that he is not in favor of increasing it. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR to instruct the delegate to the Contract Cities Convention in San Francisco to vote against the League's stand on the issue of sales tax. UPON ROLL CALL ALL COUNCIL MEMBERS PRESENT VOTED AYE. The mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Personnel Session Councilman Cichy announced that this was the last meeting Joey Aguilar was attending. Joey Aguilar, Assistant Finance Officer, expressed his appreciation and.thanks for the opportunity of serving the City of Rosemead. The City Council recessed to an Executive Session regarding Personnel. CM 9-27-83 Page #4 The City Council reconvened from the Executive Session. Council accepted the City Manager's recommendation on the position of Finance Assistant. Frank Tripepi wished Joey Aguilar success in the City of Alhambra. There being no further business to handle, the Council Meeting was adjourned to the next regular Meeting on October 11, 1983 at 8:00 p.m. Respectfully submitted: APPROVED: If - MAYOR CM 9-27-83 Page #S