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CC - 11-09-82r 1~ C1 fY 01F MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL NOVEMBER 9, 1982 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Tury 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 Imperial. The Invocation was delivered by Hugh Foutz, City Treasurer. ROLL CALL OF OFFICERS: Present: Councilmen Cleveland, Imperial, Taylor and Mayor Tury Absent: Councilman Cichy (excused) APPROVAL OF MINUTES: October 26, 1982 - Regular Meeting Mayor Tury requested that the statement that he made regard- ing the Boys Club requiring the noise to be monitored by the Sheriff's department be added to the minutes of October 26, 1982. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that the Minutes,as corrected, of October 26, 1982 be ap- proved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARING A. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION OF NECESSITY FOR RIGHT OF WAY ACQUISITION ON DEL MAR AVE. Frank G. Tripepi, City Manager, stated that at the last Council Meeting the Council deferred action on Parcel #1 pending information which had been requested relating to the appraisal and since the appraiser, Mr. Ray Metzger is present, the questions can be directed to him in a closed session. Mayor.Tury stated that the Council Meeting would recess to an executive session in order to discuss parcel #1 with the appraiser. The Council Meeting reconvened from closed session. Robert Kress, City Attorney, stated that the City Council met in a closed session to discuss with their real property appraiser, regarding his appraisal report regarding the Del Mar project. The Council had some questions, has given directives to the appraiser and it was the pleasure of the Council that this item be continued to the next Meeting on November 23, 1982. III. LEGISLATIVE A. RESOLUTION NO. 82-47 - CLAIMS & DEMANDS RESOLUTION NO. 82-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $198,080.26 NUMBERED 8412-8419 & 5131 THROUGH 5236 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 82-47 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 11-9-82 Page N1 IV. CONSENT CALENDAR (CC-D deferred to next meeting) CC-A AWARD OF BID--DEL MAR IMPROVEMENT PROJECT, PHASE #1 CC-B AWARD OF BID--TRAFFIC SIGNAL MODIFICATIONS CC-C AWARD OF BID--HOME HANDYMAN IMPROVEMENT PROGRAM CC-E AUTHORIZATION TO USE COMMUNITY CENTER TO CONDUCT FUND RAISER FOR NUTRITION PROGRAM FOR SENIOR CITIZENS CC-F APPROVAL OF AGREEMENT WITH RED CROSS EMERGENCY USE OF COMMUNITY CENTER CC-G AUTHORIZATION TO REROOF GARVEY PARK CLUBHOUSE CC-H AUTHORIZATION TO ATTEND CONTRACT CITIES LEGISLATIVE CONFERENCE IN SACRAMENTO, JANUARY 18-20, 1983 CC-I AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES FINANCIAL MANAGMENT SEMINAR IN MONTEREY, DECEMBER 1-3, 1982. CC-J CLAIM AGAINST CITY ON BEHALF OF WILLIAM K. HENDLEY CC-K ADOPTION OF TRENCH & BACKFILL REQUIREMENTS CC-L APPROVAL OF AGREEMENT WITH DUN & BRADSTREET FOR CREDIT SERVICES CC-M HOLIDAY FLAG POSTING AGREEMENT WITH.AMERICAN LEGION- POST #425 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND 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. V. MATTERS FOR DISCUSSION & ACTION A. PLANNING COMMISSION APPOINTMENTS MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN TAYLOR that Robert DeCocker be reappointed for two more years as a Plan- ning Commissioner. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that Marvin Lowrey be reappointed for two more years as a Planning Commissioner. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. BOYS CLUB OF ROSEMEAD Verbatim Tury: We have new information coming daily. Frank: Mr. Mayor and Members..of the Council, we have received some additional requests ...Mr. Bruesch is not with us this evening, might I ask that the other two representatives. Did Mr. Bruesch share a copy of the memo that was mailed to him last Thursday? He did not? Duran: No sir, he didn't. Tury: Please come forward Mr. Willie. Read the memo then. Mr. Bruesch has had it..but.. Frank: Well, I guess, I'll just read it. Since the last Council meeting, the Boy's Club has revised their equipment and supply needs which are different than originally proposed. CM 11-9-82 Page #2 I 0 • We know about the publicity and the stage entertainment provided and promoted by the KALI radio station. In light of that and the result of various intagibles that cannot be ascertained in advance such as crowd size, vehicular and parking problems, on site security and flexibility, the sheriff's department has carefully considered and made a recommendation that the staffing level be increased from three deputies to nine deputies, one of those nine being a Sergeant with a patrol car on site which would function as a command post. This change becomes more relevant when you take into account the amount of City personnel on duting during the event would be mar- ginal compared to other events of this magnitude such as Cinco de Mayo or 4th of July. What we are talking about there is that it is not a City sponsored function and we will not have all of those types of City personnel that we normally have at a City function. Therefore, the Sheriff's department has requested an increase in this security of.that location. So I guess I'll go down the costs. Function. We have booths, $347.76, stage, $378.00, maintaining and cleaning of the park, $176.00, generator, $94.00, Electricity, $116.00, tables and chairs, $114.87, L. A. County Sheriff.'s Dept., $1702.00, Supervision, $397.00, Night Security, which is a recrea- tion leader to watch the set-ups, $52.00. We have now a new re- quest for bleachers which was not on the original, $58.50. The total is $3436.13. My understanding at the last Council Meeting by the policy set by this Council is that the City will defray the cost up to $1,000, therefore, by subtracting that $1000, you are looking at #2436.13 from the Boys Club up front as a requirement to getting this function underway. Tury: I have a question regarding the insurance, Michael. This insurance doesn't cover any one but the Boys Club for product lia- bility. Now, what about the various venders? Are they going to be provided? Michael Burbank: I am going-to direct that question to Mr. Dickey or Mr. Tripepi. Tripepi: I'll respond to that. It is our understanding that there is going to be one booth only that sells food. Now, that may or may not be correct, but I should advise the Council that under the present insurance, yes, that is the only booth that is covered is the Boys Club. Any other booth that are selling food should also basically have the City held harmless for product liability, because if we are not then the suit can merely be against that organization and the City. Tury: Do we have a list of the other booths? Willie: We have three PTA's and they all carry their own insurance. Tury: We will have to have certificates of Insurance from each one of them. Willie: O.K. we will get that. Tripepi: Naming the City. Understand that the PTA cannot just submit their certificate of insurance, that they carry insurance year-round. This is a.separate policy that will have to get just as the Boys Club did, naming the City as insured. O.K.? The rest rooms, Mr. Mayor, we have a lay out showing five restrooms and I think that the Council required eight restrooms. We want to be sure that we have eight restrooms at the location marked behind the stage. Tury: Five women and three men. Is that correct Michael? Michael: Five women and three men would be adequate. Tury: That is what was at the last meeting, it was eight. Now, you only have five showing. I think we need eight. Willie: Yes, I think that on the original plan we- show seven. Tury: I'll leave it up to Michael. Do you think seven would be ample or do we need eight? CM 11-9-82 Page #3 Michael: I would think that seven would be enough. Tury: Seven would be just fine. Michael: Four and three. Tury: Seven would be just fine. Willie: I would like to go back to the sheriff's. Would it be possible rather than to have them from 8:00 to 5:00. Tripepi: Michael, what are the times on the nine deputies? Michael: It is the Sheriff's department that they be there in advance and after the program. The event would, take place between 11:00.and 4:00 and they would like to have them there an hour in before and an hour after. Tripepi: From 10:00 to 5:00? Are those the hours? Duran: No,we are going to start at 12:00, and start cleaning up by 4:00 and be out of there by 5:00. Tripepi: O.K. we will have deputies on from 11:00 to 5:00. Lt. Phillips is that agreeable with you? Phillips: 11:00 to 6:00. Tury: Same amount of hours. Michael: That is seven instead of eight. Willie: Now, regarding the bleachers, we can do without those. We are trying to save money.. Tripepi: You want the bleachers? Willie: No we don't want them. We can do without'them. Tripepi: If I could, I just don't want..I beg the Council's con- sideration. We are not-the staff doesn't want to make the same ...a difficult event by any means..that is not what we are here for-but, understand we cannot approve this and somebody walk in here Thursday morning and say, we have changed now and we are going to go back to 11:00 o'clock to 5:00 o'clock. So please, I realize that you are trying to plan an event. You cannot expect us to jump through hoops between Friday and Sunday. So I would like to have this thing nailed down as solidly as we can by tomorrow. I have staff people that I have to schedule and Lt. Phillips has to get people to work overtime. So let's try to get it down so that it is a community event that can be enjoyed by the people who participate and we don't have a bunch of hassles or headaches over this. O.K.? That is what we are really asking for. Willie: We are not trying to cause a problem, we are just trying to save money. Tripepi: I would like to ask the Council to set some kind of dead- line on the insurance. It is this Sunday. Tury: It is this Sunday? Tripepi: We don't have any insurance certificates from these booths that are going to sell food. So I would like the Council to set some sort of a deadline so that we can schedule. If any one thinks that 5:00 p. m. tomorrow is unreasonable, let me know now. Duran: I do. ,Tur_y: When can you have it? Duran:. Tomorrow is Thursday. Tury: Tomorrow is Wednesday. Duran: Tomorrow is Wednesday% Okay, Thursday. Tury: City Hall is closed Thursday. Michael: Are the schools, open:Fr.iday? Duran: No. d Michael: That's the problem then. Schools are taking off op Friday and will be open Thursday. CM-11-9-82 Page N4 Tury: Do you knO who has all the booths ye* Duran: Yes, I do and I know the PTA's that have them and I can get hold of the responsible person or president. I don't think that's a problem. It's the paperwork that has to be done and all that. Tury: The absolute latest would be 10:00 a.m. Friday morning. That is about as late as we can possibly run it. That would be Insurance Certificates and cash deposit by 10:00 a.m. Friday morning. I think that puts us within a day and a half of it. We can't wait too much longer than that. Duran: What are we talking about a cash deposit. Tury: At the last meeting I think the Council had said that the Boys Club would put their share of the money up front if I am not mistaken on that. Am I mistaken on that Mr. Taylor? Duran: A thousand dollar deposit? Tripepi: No, the City's share would be a thousand dollars. The Boys Club share would be everything over that. Duran: We have to post that before the event? Tripepi: That is what the Council wanted. Yes. Mr. Bruesch stood right there and said yes, that was no problem because the Boys Club had the money in the bank. I can recall that. Duran: We did post $1000 deposit. Taylor: Mr. Mayor on Page #4 of the minutes it stated that Council- man Cichy stated that a deposit should be made up-front with regards to the additional expenses over the $1000. So whatever is over the $1000 would be the deposit. Tury: That's right. So that would be a $2400 deposit. I think Mr. Bruesch at the last meeting said that was fine. Duran: He misunderstood, because we do not have that kind of money. Taylor: Mr. Mayor, pardon me Mrs. Duran, at the last meeting, it was proposed that the cost would be $2074 and if we were to pay $1000 of that the Boys Club would bay the other $1070, but the addi- tional requests that have come in and the necessity for what the Sheriff's Department considers the needed deputies there that adds to the extra cost. That is why it is more than the $1070. Duran: Alright, but since we have submitted the $1000 deposit, can't you just wait until after the event and hope to make some profit. Why do we pay before services are rendered. The Sheriff's not here yet, the tables and booths are not there and we're supposed to pay for them. Think of the $1000 deposit that we have got that should guarantee that we will pay it afterwards if there is anything left. Taylor: I want to agree with Mrs. Duran. In the sense that as far as I am concerned, if anything goes wrong, with this operation, we are talking about an additional $1000 or $1400 whatever it may be. If they are willing to lay that on the line and this is a failure, then they could fail. All we are talking about is a monitary deposit and they have put a $1000 and if they don't want to pay it afterwards, just think of the ill effects that it would cause as far as integrity on both parties. I think what they are trying to do...these people have been residents of this City for many years ...they are trying to meet all the requirements and I personally feel that there is too much at stake. Their integrity and our good faith and such. They have posted a $1000? Tury: I don't know. Have they posted $1000? Tripepi: Yes. Taylor: I am willing to take that chance for the integrity of the overall Boys Club operation disregarding all individuals. Tury: Does anyone have any objections to that? Taylor: I think we are bending over backwards trying to make this operation a success and the adults, the parents that are trying to help the Boys Club, I don't know what more we can ask or what more they can give. If that money doesn't come in then we cont't have any future liabilities as far as the Council is con- cerned. CM 11-9-82 Page #5 Tury: Mr. Willie you understand that the total amount of the Boys Club contribution is about $2400? Willie: Yes, I do. Tury: That's part of the record then. Taylor: So that at the end of the event, depending on what the actual cost turns out to be, there is an additional $1400 that would be due. Willie: Yes. Taylor: If there needs to be a motion at this time, I will make such a motion. Tury: I think we have a concensus on that Gary, I don't think that it is necessary to have a motion. Taylor: Just to set the record straight, that we have it in the minutes that was an agreement. Tury: $1400 is due additional to the deposit on the completion of the event to the City from the Boys Club. Taylor: Fine, I think it should be in the minutes so that there is no misunderstanding. Tury: I think the misunderstanding, Gary, we can agree on it, but we should put it into the records that they agree on it. Imperial: Mr. Mayor... Tury: Not that I mistrust them, but I think it should be a matter of record that they also agreed to that. Taylor: That is all I am asking for. Imperial: Mr. Mayor I would like this conversation to be verbatim. My reason for it is like Councilman Taylor says that the Boys Club is a very worthwhile project, but on the other hand every youth activity in the City is a worthwhile project. My reason for want- ing this verbatim, and I am going back to my initial comments meeting before last, I had the flu last meeting, was that I think that we are going to show consideration to one organization, I am going to try to ensure the Councilmen of this City, that we show that same consideration in its entirety to every organization. I want it verbatim. Tury: There's no question about it, Mr. Imperial. I agree with you. I made that very clear when we started this whole thing. We are setting a policy, and I would have no objection to having this whole conversation verbatim. I also think that possibly we might have the.conversation of the last meeting also verbatim. Then we would have a total record of the whole thing. I think it will come back with other organizations. O. K. Tury: I have a motion by Councilman Taylor that approximately $1400 is due from the Boys Club, let say 10 days after the event, is that fair Mr. Taylor? O. K. also in that motion a list of all participants in the event as well as their certificates of insurance. This is not blanket insurance, this is hold harmless of the City. Let's make it very clear what it is. Kress: We want evidence that the City is named as an additional. insured for products and general liability for each of those organizations that is going to have a booth there in the same amounts that the Boys Club provided. CM 11-9-82 Page 176 Tripepi: In the same amount as the Boys Club provided. The same amount. Duran: Excuse me, in the event, because of the shortness of time, or what have you, we cannot do that, then can we go back to these PTA's and tell them what the problem is and have them withdraw their booths and just stay with the Boys Club. Tury: I don't know what you will do. Tripepi: We will do it better. If.'..I don't-we are going to make an inspection the day of the event by the Sheriff's dept. if there are any booths open that don't have an insurance binder naming the City we are going to have to close it down anyway. Taylor: I think Mrs. Duran had the right approach. She is goin to do this before the event and they will not have a booth up to begin with. That is a better approach. Rather than have the Sheriff policing them. Tury: What I think what we need is a list of who is going to have a booth and their insurance coverage. I think that is it. Michael? Michael: Could we possibly have someone from the Boys Club at the Park at 10:00 on Saturday so that we can be sure it is set up the way you want it. Duran: Yes, everyone is working at that time. Michael: Saturday ...I am talking about Saturday. Duran: O.K. very good. Kress: Michael have you thought about a rain contingency? Michael: I am sure they have. Tury: Is there anything else, Mr. Taylor? Are those things incorporated into your motion? ' Taylor: That's fine,Mr. Mayor. Tury: Is there a second to that? I will second the motion. O. K. Gentlemen, Please vote. One second before we vote, John? Lt. Phillips: I requested that the Council consider an agreement as to what action should result should the noise level exceed the standards for the area and should their be complaints. Is it the Council's desire that the Boys Club agrees to reduce the noise level or merely citations be issued. Tury: I think that they have to agree to reduce them. Lt. Phillips: I think that.... normally citations would be issued and those citations would be litigated at some subsequent time. Tury: I am sure that they will be cooperative and they are not going to try and Taylor: Mr. Mayor, normal procedure, correct me if I am wrong on this. There have been several parties in our neighborhood in the last few months, and the deputies have come to the door and first they request that noise abate. There is no citation, the first time, unless it is totally out of line. And that to me is the normal procedure. They are advised of what they must do, and then if they don't do it and they know it then they are cited. Phillips: Right. Taylor: Fine. Phillips: That is the normal procedure and that is normally where it stops, however, if the intent of the Council is to alleviate the problem forthwith, then that requires an understanding that when it CM 11-9-82 Page N7 Phillips continues down. • reaches that point we will close the band Tury: I don't see how you have a choice. Do you have any ob- jections, Gary? Taylor: If they get out of hand and they are told that that must cease and they don't, then you do have to cite them. That is fine. Michael: There is another alternative, we can just disconnect the electricity. Tury: I don't think that the Boys Club is going to object to that. Taylor: Mr. Mayor, sometimes you get entertainers and they are above and beyond control of the Boys Club. Tury: I think Michael had the right idea all you have to do is to disconnect the switch. Taylor: That's fine. There could be a citation issued and some- body could flip the switch. But I am not saying this facitiously about the Boys Club. Some of those entertainers can just carried away, and the Boys Club may not even like it to. Tury: That is exactly right, and we have that in our own things. Willie: I can assure you that we are all going to be taking care of everything. Tury: I think we all support you and wish you the best of luck. It sounds like we are after you, but we just have to protect the City. We don't have any choice, and we wish you the best of luck. Get those insurance things. Michael says that he needs a committment to have someone there at 10:00 a.m.on Saturday and a committment where everything is going to be. That is 10:00 o'clock Saturday morning. I think everything is ready to go. I wish you the best of luck. Willie: Thank you. MOTION BY COUNCILMAN TAYLOR, SECONDED BY MAYOR TURY that approximately $1400 is due from the Boys Club to the City within 10 days after the event, and a list of all the participants as well as their certificates of insurance naming the City insured holding the City harmless in the same amount as the Boys Club. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Taylor: Mr._.Mayor.,.;what was the vote on that: City Clerk: 4=0. VI. MATTERS FROM OFFICIALS A. Frank G. Tripepi, City.Manager, commented that there would be a Seminar in Anaheim regarding Cable TV and regulations of pornography on November 16th and 17th and that he planned on attending. He requested that any of the Council that would like to attend to let him know. B. Councilman Taylor requested that there be a minimum of two of.the,low.bidders checked by Dun and Bradstreet. Frank G. Tripepi, City Manager, stated that.we will be getting the low bidder and the second low bidder checked on by Dun and Brad- street. C. Glenn Clanton, Traffic Commissioner, commented on the grafitti possibility.on the Sound Attentuation Walls. Mayor Tury stated that would be taken care of.just as we do in the rest of the City. CM 11-9-82 Page N8 There being no further business, the Council Meeting was adjourned to the Study Session on November 16, 1982 at 8:00 p. m. with the Chamber of Commerce and the Arroyo Group regard- ing revitalization. Respectfully submitted: City Clerk APPROVED: MAYOR CM 11-9-82 Page #/9