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CC - 04-20-82 - Adjourned MeetingAPPROVED CITY OF RO SEMEAD DATE MINUTES OF THE ADJOURNED MEETING OF THE ROSEMEAD CITY COUNCIL APRIL 20, 1982 AT 8:00 P.M. The adjourned meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:03 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Tury. The Invocation was delivered by Rev. Art Freund. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Tury, Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: March 23, 1982 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that the Minutes of the March 23, 1982 Council Meeting be ap- proved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. ORAL COMMUNICATIONS A. Bonnie Culbertson, Manager of the Rosemead Chamber of Commerce, announced their 3rd Annual Trade Fair on April 24th at the K-Mart Shopping Lot. I. LEGISLATIVE A. RESOLUTION NO. 82-18 - RECITING THE FACT OF THE MUNICIPAL ELECTION & DECLARING THE RESULTS RESOLUTION NO. 82-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON APRIL 13, 1982 DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS ARE PROVIDED BY LAW MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY that Resolution No. 82-18 be adopted. .Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion..:duly carried and so ordered. 1. ADMINISTERING THE OATH OF OFFICE & ISSUING ELECTION CERTIFICATES. The City Clerk administered the oath of office to Councilmen Gary A. Taylor, Louis Tury, Jr., and G. H. Pat Cleveland, and issued the Certificates of Election. 2. REORGANIZATION OF THE CITY COUNCIL The City Manager declared the Mayor's seat vacant and re- quested nominations. Councilman Taylor nominated Louis Tury, Jr., as Mayor, and there were no other nominees. The selection was unanimous, and Louis Tury, Jr., is the Mayor of Rosemead. Mayor Tury expressed his appreciation of the job Councilman Imperial did as Mayor and he felt that he was an outstanding Mayor and he would try to do as well. He appreciated the con- fidence that the Council had in him, and would do his best. Councilman Cichy nominated Pat Cleveland as Mayor Pro Tem, and there being no other nominations, there was a unanimous ballot cast for Pat Cleveland for Mayor Pro Tem. CM 4-20-82 Page #1 Frank G. Tripepi, City Manager, stated that there were two gentlemen entered the Council Chambers and that they were here for one purpose and that is to make a public announcement that the.public has been waiting-for. They are Jim Rippey, Chevron Land, and Jack Jensen:.of the Johh,S:..Griffith Company. Jim Rippey;,project manager for Chevron Land Development Company, representing::the.owners of the property.whe"re the.. Montebello Shopping Center will be developed. He introduced Jack Jensen, Vice President of the.-John S. Griffith Company, a joint venture partner of the"center. He expressed his ap- preciation to the Council for their patience and understanding during the period of negotiations. Jack Jensen, Vice President of the John S. Griffith Company, announced that a.third department store had been secured for the Center. He stated that a letter of intent had been signed with the May Company; and this means that they-can-proceed with the plans for the Center. Construction should start in the Spring of 1983 and completion should be in the fall of 1984 for the regional shopping center. Mayor Tury stated that it was understandable that it would be difficult to have companies commit themselves with the economy as it is, and he thanked Mr. Jensen. II. PUBLIC HEARING CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO PLANNING COMMISSIONS DECISION DENYING CUP #81-238 REQUESTED BY FARRELLS ICE CREAM PARLOUR, 39.39 ROSEMEAD BLVD. Mayor Tury inquired if there was anyone who wanted to speak on this item and be sworn in. The City Clerk swore in those people. Scott Brannon, Vice President of Concept Development and Franchising Farrell's Ice Cream Parlour, 7440 B B Drive, Rockville, Maryland, Scott Brannon: Also tonight is our District Manager, Dave Norris of Farrells of Los Angeles, and Jim Snydo Manager of the Rosemead parlour. I appreciate the time you have given us this evening to talk with you concerning our permit for conditional use at 3939 Rosemead Boulevard. Also appreciate the City Council allowing us to delay of our Appeal while we were waiting status on the three conditional use permits which we applied for in Van Nuys, Woodland Hills, and Northridge. Just like to report to the Council that all three of those permits were approved. I promise not to deliver a.big defense of video games this evening. There are other people better suited for that, but what I would like to do is to make sure that each one of you understands what are busi- ness is and how we became interested in video games and why.we find it necessary to add a small~number'of games to our parlour. Farrells began here in the west coast about 20 years ago as one of the country'.s' first theme restaurants and we have been in Rosemead a little over 10 years, and even though we have grown quite large with over a 100 restaurants from Hawaii to New York we continue to view ourselves as an important part of the commun- ity which we serve. We are responsible people. Our restaurants offer good food, attractively presented in ways designed to please young people and their families. We emphasis"birthday parties. Last year we.hosted over 1,250,000 birthday parties across-the country. Children like a lot of attention paid to them at their birthday parties and nobody does make more of a fuss over a birth- day than Farrells. That is where video games come in for Farrells. Birthday parties for children have always been composed with the same ingredients, excited kids, party favors, ice cream and cake and games. These days they are computor games. We first intro- duced games into our location in Rosemead in 1979 and our experience with these games have been very good. You would expect of course, we would have no problem with the young children.since their parents come with them at Farrells. They give them money to spend and they supervise them while they are there. They comprise a large majority CM 4-20-82 Page #2 of our players of the game. What about teenagers, Farrells also does a great deal of business with teenagers as well. Our exper- ience with them has also been good. Why has our experience been better than some other businesses that have encountered problems like arcade operations and mini super markets. We don't know for sure, but maybe our atmosphere is too wholesome for the tastes of teenage toughs, and we feel that we are lucky enough in that res- pect.. Another reason has little to do with luck. We supervise every aspect of our operation very carefully., our staff is trained to report a problem before they develop, and a responsible manager is on duty all the time. We presented to you copies of our policy control in our game areas and also a sample of the parlour game etiquette sign as you can see from these documents we do control our game areas. We are tastefully intergrating into many of our units acreoss the country, games. I have here pictures of the parlour in Riverside, California showing what we have done over there. As you can see by the pictures the area is neat, clean, it is well lit and it is located in clear view of our manager, our cashier and all other employees. Over here on the wall we have an artists drawing of what we are planning to do in our parlour in Rosemead should our permit be approved. However, popular computer games become we have no intention of ever allowing them to jeopar- dize what we have taken so long to build. If they start to cause trouble in any of our units, which we cannot control,out they go. Our reason for applying to you for additional games is that because of current popularity, we simply,do not have enough games to keep pace with customers demands. Adding seven more games would remove some of the congestion that we sometime encounter in the game areas. Farrells of Rosemead, we celebrate 25 to 30 birthday parties every Saturday afternoon alone. We plan to offer parties using game tokens which will add a greater enjoyment and greater value to our party customers. I have a few samples of parties which we offer, also a sample of our tokens. As you can see we are using games only as an incidentaltuse and we will always be the family ice-cream parlour restaurant that we have been for the last 20 years. Our customers have shown that they expect games in our Farrells and we can't let them down or they will go elsewhere. I have here, also, a petition that was sent around in our parlour in the last two weeks, and we have over 900 signatures here of customers who support our application"'for additional games. That's all I have. We are seek- ing approval of our CUP for the following reasons. We have filed the proper applications for a CUP, the staff report for the Planning Commission Meeting for January-4, 1982 recommended approval. Farrells has been a wholesome part of the Rosemead Community for over 10 years. Farrells has had games in the Rosemead Parlour since 1979 and has demonstrated that we can control that segment of our business. Far- rells is an Ice Cream Parlour Restaurant and not an arcade. Our customers expect games as part of their experience at Farrells and if we don't meet their needs they will go elsewhere. I hope that I have answered some of your questions and I want you to understand that we operate a unique enterprise which provides good food, plea- sant clean atmosphere which is geared to provide fun, and entertain- ment for young people and their.families. We have no intention of allowing anything, no matter how popular at the moment, to jeopar- dize that work that we worked so hard for so many years. We would appreciate your thoughtful consideration, and we will trust that you will find reason to grant us our application. Tury: Thank you, Mr. Brannon. I have a couple of questions. What are your hours of operation? Brannon: The hours of operation are from 11:00 a.m. to 11:00 p.m. Sunday through Thursday, and 11:00 a.m., to 1:00 a.m., Friday and Saturdays. Tury: You have tokens? I read in your letter that you purpose going to total token system. Is that the way I read that? Did I read that wrong? Brannon: Yes, sir. We are on a total token system in that store. Tury: Are those tokens redeemable for cash? If a person buys $5.00 worth..of tokens and if they have -6 left over can they get their money back or have a bunch of worthless tokens?.' CM 4-20-82 Page #3 Brannon: They are worth a play in the game. It is not our policy to give refunds, but if a customer desires their money back, we would certainly accomodate them. Tury: You would have a "no smoking" posted in that area where games are? Brannon: At this time we do not, but the new signs are in the mail to all the parlours across the country that have games.-..:That would be part of our new policy. Tury: If that was part of the CUP would that be acceptable to you? Brannon: Yes, sir. Tury: No gambling. How about an age limit? I am going by ordinances I have read. An age limit of not under 14 ;except when accompanied by parents or guardian. Would that be an acceptable condition? Brannon: That would truly be difficult. Cause we do have parties coming in all the time with young people and there may be just one parent with maybe 30 kids. Tury: I am concerned that a child may walk in with their lunch money and blow it. There should be some control over that. If they just walk into that store at lunch time instead of eating lunch at school and have $2.00 or $1.00 for lunch whatever it is, and they stay and play 2 or 3 games instead of eating their lunch. That would be a real problem and it is a concern of a lot of cities who have looked into this. Some kind of control in that area.may,:.tor may not be desirable. I am asking you. Brannon: We have not had a problem, but it is our policy that during school hours, the manager, while school is in session, if he sees anyone in theire of school age, he will.a';k them to leave if they are playing games unless accompanied by an adult. Tury: Could that/be part of a CUP as part of the conditions? Brannon: It could. Yes. Tury: Does anyone want to ask any questions of Mr. Brannon? Imperial: I seem to recall that the last time the Council was approached on this thing it was indicated that Farrells needed the additional revenue. Is that not correct? Brannon: We always need additional revenue, but that is not the purpose of this. No The purpose of,adding games is to meet the demands that customers are putting on us to add more games because there is a great deal of competition out there right now for the party business involving games. We want to be able to compete with our competitors. Imperial: Do you really feel that is the issue. There is not an other Farrells around. The liquor store that has-3 does not handle Farrells Ice Cream. They don't have parties. Do you really consi- der that the issue is that.you have to do',this to meet the needs of the competition?_ Brannon: We try to meet the needs that the customers express to us. We have found that we have over 900 signatures that people do expect to pay the games and they have become part of our society. There are places such as Chucky Cheese, P J Pizaz all over the area that have games and the birthday parties. We are a birthday party place and 75% to 80% of our business is involved in selling our ice cream and also dealing with parties. Imperial: Can you tell me if out of the 900 signatures haow many are residents of Rosemead? Brannon: No, I cannot. These are customers in the unit and we asked them their opinion. Cichy: I notice that in some of the cities that are discussing hours of limitations such as no playing of the games after 10:00 p. m., in order to eliminate some of the teenage activities that take CM 4-20-82 Page #4 place that congregates after 10:00 p. m. the old law there was a curfew. What is games and shutting them down after 10:00 at night. At least in your position in limiting p. M.? Brannon:' We really would not like that, but if that is part of the Council's decision, we will certainly go along with it. Especially in the summertime parties come in there up until midnight and have birthday parties, teenagers with their families and so on. This would eliminate their opportunity to play the games and also for us to have the type of party that tokens are included. That would be a problem, but we are willing to work with it. Cichy: Well, what about after 10:00 p. m., eliminating the dispursal of tokens to only those people with organized parties? Brannon: That could be arranged. Cichy: I notice in the diagram that was submitted that there is 2 blacked-in areas. One near the cashier's candy area and one on the south-side. Brannon: That is the 2nd party room. That is an optional area for more games. We would not need that in the Rosemead area because we have simply applied for ten games and it would only fit in the candy section. Cichy: With games in the candy section, there would be no wall or partition between the candy sales section and the cash register and the games under this diagram. Is it feasible to construct such a barricadethat those people who are purchasing candy in that area would not be trafficed back and forth between the games, the candy counter. Teenagers seem to mill around quite a bit and every once in awhile they seem to have loose fingers. It might keep them out of that area. Brannon: We would move most of our candy back behind the cashiers stand. We do have in the Rosemead Parlour have a crowd control railing for customers coming. in and directing them out in the pro- per way and that could be extended to keep that separated. Cichy: Some of the other parlours have glassed in areas that elim- inate the noise of the machines and exceitement of the participants from the restaurant areas. Have you done that in any of your other stores or had requests for that? Brannon: We have put, as you can see, there is a wall between the party room and the games. We would construct a wall there with plexiglass, but controlling noise in Farrells is sometimes diffi- cult when the sirens and drums go off. Cichy: There could be a plexiglass area. Brannon: Yes, sir: We could construct one. Tury: I have one brief question on the sample rules and regulations. On the bottom it says "we have games for Farrells customers only" How do you intend to enforce that? Brannon: First of all, we feel that everyone that walks in our doors is a customer, a potential customer. The reason for that is it would give us the opportunty should anyone playing the games cause any trouble to our customers that are in there, we can ask them to leave. That is part of our policy. That the games are available to our cus- tomers who are in there having parties and give us the opportunity to ask them to leave if there should be a problem. Imperial: If a person walks in your door with anything else in mind but to use the rest-room wouldn't he be considered a customer. In other words if he comes in there to utilize any part of that build- ing, wouldn't he be a customer? Then you would be hard put to tell him to leave if he came in just to use the machine. Brannon: We reserve the right to ask anyone that we believe is causing problems in our parlour or interrupting the fun or enjoyment of other people. CM 4-20-82 Page #5 • • Cleveland: Now, you are placing these machines in the aisle between your candy sales and dining area. How much space have you got,,.'in that aisle? Brannon: I am not sure of the exact dimensions. In the River- side Parlour it has met all the codes, and it would be identical to that. There is enough room for customers to come in, go out,_t and move around there, and-there has not been a congestion problem at all. Cleveland: This indicates that that aisle is approximately 5 feet wide and if it stretches out with one of those machines how is a customer going to get through there. Brannon: There has been no problem in Riverside,.and we would be willing if there would be a problem to certainly control it, but we have not had any problems of that nature. Cleveland: You have a small room on the south side of that build- ing. Why wouldn't that be an ,ideal place to put your machines? Brannon: Simply because having them in view of our cashier and manager and having them close to the area where we do control our cash is much better place to have them for security and also for control. Cleveland: You have a door to that room that could be left open? Brannon: Yes, it is wide open. There are open partitions there. Tury: You presented the three CUP that have been granted, but have you been turned down yet? Brannon: No,•sir. Bonnie Culbertson: Gentlemen, when Chamber member, Jim Sido, first came to our board and ask us to support their effort to put in game machines, we were under the misconception that they wanted to develop.an arcade and our board did not support it. We were not informed, it was our own fault, that there were things there and when we discussed it again this morning and understood exactly what they want to do, the board did support their actions. I have a statement from our President, Dave De Groff, who was not able to come tonight, and I would like to read that statement. '.The Board of Directors of the Chamber of Commerce, this morning approved a motion to support the reinstatement of the ten electronic machines at Farrell's Ice Cream Parlour. These machines were in place for two years prior to Farrells seeking proper permit needed to operate in this City.during that time there,has been no recorded incident in connection with these machines. You are undoubtedly aware, that Chucky .Cheese is building an arcade in E1 Monte which will contain some 100 machines and Pizza. You are.probably aware that these types of machines are located in nearly every take-out restaurant, liquor store and any other store that has extra space. These stores provide no restrictions or supervision of these youth playing of these machines. Though this is a controversial subject, we believe that the record.q£ Farrells stands in support of their continued operation of these ma- chines. They have agreed to provide all the restriction and supervision required by the City and are only asking to continue their operation as they have for the past two years. It would seem sad to allow an adjacent City to draw our kids and our money away from Rosemead.,because of the machines. We hope that Farrells would have a much better control. We feel that if the children are going to. spend their lunch money, they are going to spend it somewhere Valley Burger or Mr. Bills where there isn't really the supervision that they provide at Farrells. Thank you. Tury: Mr. Carmona as a point of information, how long have they been operating before we found out? Does anyone know? CM 4-20-82 Page #6 Tury: How many machines have you had in there since 1979? Snydo: The amount of machines have fluctuated from 3 to 10 in the past two years. Tury: I have never seen 10 of them in there. Don DeTora: I have been hearing quite a bit about this Farrells Ice Cream thing--slot machines--or whatever you want to call them. Are.we.going to have Rosemead loaded with slot machines. Farrells Ice Cream is allowed to have three I understand, now they are going to put in about 11. I have a place of business here in Rosemead Mr. Mayor, and I could put in about 25. If they can have it then so can I. I.am in the business of taking the people to the cleaners so those machines might come in handy. Mr. Mayor it is not funny, I have been hearing quite a bit about this from the people from Rosemead. The people in Rosemead give their kids money to go to school to buy their lunch, and I can prove it that they do not buy their lunch, they rundown the corner to play those slot machines. If you are going to have something like that, you might as well open the doors to all business.people in Rosemead:.and give them permission for slot machines. I will be the first one coming down here and asking for permission--permit to put in 25 machines. Tury: Don, I can agree with you. The way the ordinance is written right now, they can have 3 of them and you can have 3. I know what you are talking about. I have seen them in the Stop and Go in the morning when I go to work and the kids:are already in there spending their money and I violently object to that. This is rather a tough decision and it is not exactly the same thing and yet it is similar. Don De Tora: We are going to open a whole can of worms in Rosemead, and I hate to see it. Tury: Is there anyone else who would care to speak? Anyone else? If not then I will close the Public Hearing. I close the Public Hearing. Open to discussion of the Council. Imperial: A while back we.had a very unfortunate situation. It was called the Electric Flipper in Rosemead Square. It was an Arcade. It started out as a simple enough thing where the kids go to play. It wound up where the people who frequent that shop- ping center were afraid of their life. The manager of the Rose- mead Four Theater appealed to the Council to do something because of the people that were hanging around there. We wound up with narcotics and just about everything that you can name gang-related. It took a lot of.effort and a lot of money on part of the Rosemead Sheriff's department to:,,clean that up and the business went out of business. I have heard comments that that was a shopping center and that doesn't really relate.to Farrells'. Let us go to another item not too long ago. It was brought to my attention by some members of the Rosemead Little League that the corner store on the corner of Del Mar and Emerson had a problem. There were more than 3 machines in there. I think it was in.the area of 9, I am not sure, Mr. Tripepi, was it 9 machines. Tripepi: It was more than 3 I am not sure how many exactly. Imperial: The people in the neighborhood caught me in the park there and said that they really had a problem. We have got some pretty rough characters hanging around there on that corner and you cannot go in that store and you cannot come out of that store without being harrassed. At that time I brought that to the attention of the City Manager, and we found out that those people were :operating in violation of the ordinance, closed them down with the exception of 3 machines and that solved our problem. I go many calls thanking me. I don't care where it is, whether it is Farrells or that corner store on Emerson and Del Mar or whether it is the.Rosemead Shopping Center. It is unfortunate that this type of installation, if you can call it that, an arcade brings in that.element of people once the word passes. I just feel that we.have enough problems trying to control these businesses with 3 machines in their stores. You can go by that liquor store at the Alpha Beta Shopping Center and you can see kids in there all the time playing when they should be in School. I don't see any CM 4-20-82 Paae a7 Imperial:(Continued) reason for somebody to have to go to another City because there are three machines busy with three little kids playing them all the time there are more than enough machines to go around,it is just not.all in one place. I really have a.problem with this and I only wish that Council would consider this very carefully, be- cause I feel that we have the best Planning Commission in the San Gabriel Valley if not in Los Angeles County. I want to give these men a lot of credit fora lot of work. They put in a lot of thought and effort into this before they rejected their proposal. Thank you. Tury: Thank you Mr. Imperial. Does anyone else have anything to say? Taylor: Looking over these petitions that were signed in, I find approximately 5% are Rosemead residents. I would like to read some of these addresses. There are a good percentage here. There is one on Kelner Avenue, Cliffhill Drive, Monterey Park, Santa Anita Avenue, Temple City, Highland Drive, Pasadena, Pasadena, Cal Tech, Cal Tech, Indiana.Street,:L. A., Ferguson Drive, Avenue 56, Johnson Street, Johnson Street, Avenue 56, L.A., Sonora, Glendale, Frazier Avenue, L. A., Magleano,Street, L.A., 10th Street,Hesperia, 10th Street, Hesperia, Fern Avenue, Rosemead, 10th Street.Hesperia, Duncan Avenue, L. A'., 10th Street Hesperia, E1 Camino Real, San Clemente , Gladmont Avenue, Hacienda Heights, and out of 27 signa- tures there is one on Fern Avenue. The nearest circle I came-- 10th Avenue, Arcadia, E1 Camino Real, 10th Avenue Arcadia, 10th Avenue Arcadia, 10th Street, Short Street, Deantric Street, L.A., Ditman Street, L. A.,.Ditman Street, L.A., Ditman, L. A. Ditman, L.A. Gonzales Apple Street, Steele Street, Crescent Heights Blvd. Apple Street E1 Monte, San Angelo, La Puente,Avenue 49, L. A., Colima Rd., Hacienda Heights, Huntington Drive Arcadia, Linden Street, So. Pasa- dena, Longden,Arcadia, 'Casa Grande,Pasadena. There is only one on that page from Rosemead, and that is representative on the next eight pages. Some signatures are signed twice and many of them are profanity and vulgar.words,.,,names, streets. This isn't repre- sentative of the area surrounding Rosemead. The gentlemen made comment of all the good qualities of Farrells and I have to agree wholeheartedly. My children were in there last week-end and the week-end before and my neighbor took my little four year olds.up there and I have been there many times. All I can say in the 10 years that it has been there and I have been-there many times and it is an excellent fun place. You have a very well organized business now,;and.as far as I.am concerned, it looks like it is, doing terrific. You didn't state that you needed it for the income or that revenues were down. My feeling is that you have a good thing going right now. In this mornings paper in the San Gabriel Valley Tribune I would like to read a small article: Council o. k. moratorium on Arcades. After an'outraged mother complained that her daughter spent more than.$900 on Electronic Video Games recently, the Azusa City Council, Monday, passed an emergency Ordinance prohibiting new arcardes for four months. The Moratorium to give the Planning Commission time to study the effective regula- tion of arcades and crime waves to maybe short circuit their proli- feration in Azusa. According to the article ...it was adopted as an urgenc'y' measure to protect the public safety ...it effects the establishments with more than three games. At the meeting, Shirley Nugent spoke emotionally against Pac Man.and Space Invaders and other video machines. She told the Council that her 17 year old daughter,Tanya, had been addicted to the games and spent $955.00 within a 3 month period. She also recounted how her 12 year old daughter had been chased by classmates who:, .tried to steal,her..lunch money to,get her coins for the games. When our kids are becoming addicted, and my child was attacked for her lunch money, you know this is getting out of hand. It was twice that size and I won't complete.'that article. There have been many articles in the past several months... There is another one on both sections of the page talking about how the kids are congregating Not that it is wrong for the kids to congregate ...It is just that when they get into the crowds and groups...they become disruptive to the:;-. people in the other stores and other cities that clients come into the 7-11.Stores and it becomes a general nuisance. You mention that the congestion of those three machines was already happening in.that store. So to me that is an admission that there is a 2 CM 4Page828 Taylor: (continued) congestion problem already. The fact that you want to put more machines in,.tells me that it also is going to be a congregation and gathering point more congestion. The token question that Mr. Tury asked about, I have heard complaints from the children when they,go in and the policy is that you sell them tokens and they can come back and play and when these kids spend a::dollar, two dollars,._five~.dollars on tokens, hoping to.get..,the machine and stay there to spend them. The other kids are waiting in line and they are stuck with the tokens until the next day, and this happens. The question was put to you, and it was your policy,that you don't give them back. A lot of kids don't under- stand it to tell you I want my money back. This actually happens and I have seen some of these tokens that.they have been stuck with. Over-all I could go on with many items, but I.would like to close with the Sheriffs report. According to the paragraph on the second. page here, it states: The cities that have busi- nesses with those machines all controlled, same .....are evident gambling, gathering of persons with interest in sales,use of narcatics', disruption:_of'adj,acent'businesses due.to loitering, drinking, gang type, truancy, theft and occassionally more violent crimes. Temple Station experienced the same police hazards when these machines were the exclusive business in two locations in the City of Rosemead.The restriction was placed by Conditional Use Permits have to be very stringent and closely monitored in order to prevent the problems from developing attached is a copy of the recently enacted San Gabriel ordinance dealing with amusement machines. Once in awhile the Pac Man and many of the video cassette games are available to home use and for the great majority I think there was 90, 7.0 and 60 a couple of hundred thousand of these games sold last year as far as in the United States. I don't feel that it is necessary to have these at Farrells. They have an exceptionally good business the way it is, and just because they can make more money, I am not sure that they would be willing to put up with, that is just an assumption, that they.would not be willing to put up with the problems that may come with the congestion. I think that is all I have for now, and for those reasons I am opposed for having it. Tury: .Thank you Mr. Taylor. Mr: Cichy. Cichy: Farrells have been operating for.-the last couple of years with a variety of number of machines. I disagree with Councilman Imperial with regards to comparing Farrells to an Arcade, to a 7-11, to a liquor store. I personally wish those machines were not in those locations or that they could be limited to-probably one machine which might get rid of some of the people out of those,locations. Dealing with Farrells and if we can restrict them, I think that the access, the management can keep the teen- agers under control and, still allow those families who want their younger children to be able to play the machines as part of the party..amusement or whatever other amusement there is to go ahead. It is a passing fad. If these kids are going to grow up to be lazar beam fighter pilots, and that's quite another. Some of these people.claim this I don't know. I think that restrictions as to the hours,.they should not allow the area to be open until after the lunch hour might eliminate some of the thoughts of teenagers for going there for the lunch, time. I think the enclosure of the area with plexiglass would keep the congestion down to a certain degree as;far as people walking by getting by that aisle. I would prefer limiting the.number of machines to 6 for a period of one year with a review at that particular time. The survey itself is ...or the.petition that they submitted is similar to many other types of petition circulated by a particular group for a particular period of,time for one particular project. I am sure that Mont- gomery Wards :tbere,:was;.not another Montgomery Wards store within 50 miles would have many people shopping, there at that particular location from all over the San Gabriel valley. There just doesn't happen to be another'Farrells within a given area and I am sure that a lot of people enjoy Farrells and that is one reason that the petition reflects that. I don't think we should legislate the morals of,the children or the ability of the families to re- gulate those morals. I feel sorry for the lady in Azusa, but that is a violation of the penal code called grand theft. She should report her daughter to the juvenile authority and get some help. CM 4-20-82 Page #9 Cichy: (continued) I would be in favor of overturning thelPlanning Comissions decision on this particular issue and limiting the access on the machines. Taylor: I think in reiterating this was not one little lady in Azusa. It is a fact that we did have the arcades in our City.. Whether there was three or five or ten, our own sheriffs depart- ment backs up that they are potential problems. So it is some- thing that many Cities are concerned with it.It is.just.-tHe fact, do we want the revenue? What does it eome.down to. There are many children that... there is no question about it that they take their lunch money. The parents are not even aware of it. I would say that is probably the majority of them.. The fact that the parents,don't even know it, do we have some kind of a moral obligation? Maybe we shouldn't be using the word moral because it seems to be maybe the Government doesn't want morality or moral judgement. Either we do or we don't. We get into-.it_one time or the other. We can stick our heads in the sand and say.we won't do that because we will let the parents do it. Maybe in this case the parents are relying on us to decide some of the uses in our City.. So I am still opposed to the prolifera- tion of the video games. Imperial: I take issue with the fact that we are told that we have no business digging in to the moral issues, I think we have. In a sense we have. If we didn't have that obligation to the people in this community, then we should sit here and let massage parlours, places that sell nude magazines, what have you just move in.:and take over because we would Ihave no issue to take with these-people. I feel that we.do have.an obligation to take with the:;people:.of this community. Secondly, talking about the type of individual that 'frequents the place. Let's go back to Rosemead Square. People from all over 'L•.A-,County: uses the Rosemead Four Theatre. People from all over, I am sure, were using the Electric Flipper. The fact remains that when the problem started it wasn't these people from other areas that went home that had to face the problem. It was.the people in the City of Rosemead, and it was the peoples tax dollar that had to pay for that deputy sheriff to canvass that area to make sure that he tried to clean it.up_ for the citizens of Rosemead. Tury: Thank you, Mr. Imperial. Any other comments. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Planning Commission's decision be upheld, and deny the application for a CUP. Tury: I have a brief'-statement. I amigoing to support up-holding the Planning Commissions decision, however, I think we should in- struct the Planning Commission to set up a set of standards to allow places like Farrells to operate under certain conditions I think we might be able to work out those conditions tonight, but whenever we try to do something on quick..basis, it never seems to work out: ".It-always has some holes in it. I think if.they look at several of the ordinances of the cities around..such as the San Gabriel Ordinance. If we could set up some standards, that we could live with, `if the applicants could meet those require- ments there would be a possibility of a business that could oper- ate. I feel very confident that Farrells could operate this very successfully, however, I feel that it requires restrictions and this is not the time or place to have that. I would suggest that` the Planning Commission... that we direct the Planning Commission to see if they could set up some standards. .I know that they are busy guys, but at least you have the Condo Ordinance~.off:'..your back. We can start over again. Is there any other comments? Cleveland: I have no objections, to Farrells operating a few machines in there, because I think it would give us a„pi.lot,study that we may be able to find the solutions to any future installa- tion that we might have. Since this comes under a CUP nobody can put their machines just anywhere they have to come before the Plan- ning Commission and the Council,in order to get permit to operate. 1 CM 4-20-82 Page #10 Cleveland: (continued) I am not satisfied with the location of these machines, and I am not satisfied with the number of machines that they have requested. I would like to see a clan worked out with the tt Planning Commission and Farrells whereby they could eliminate U4'1-°U the aisle between the candy section and the dining<;area and possibly if they should operate only six machines move them back into the room on the south side. I think there is plenty of room there for it. Certainly with the doors open they can control it very easily. I think having it up in the front there by the.candy machine n'the dining area was a mistake and I am afraid.I can't go for that, but I would like to see some solution worked'out whereby they might be'.able.to-operate on a limited basis. Cichy: 'Mr. Mayor, I only have two other suggestions and others can be explored if it is going back to the Planning Commission. It is that the Parlour Etiquette Sign should probably include a statement as to refunds available on unused coins,tokens, and a separate sign setting forth the Penal section on gambling, no gambling allowed. Tury: I think that is an excellent idea. I think what we have before us tonight is the appeal to the Planning.Commissions de- cision and there is a motion and a second to deny it. We have instructed the Planning Commission to set up a set of guidelines that we-could apply to a CUP. As I said before I don't think this is the place.to do that. If Farrells can live with those guidelines,' or anyone else can live with those guidelines, they can take a look at it. Under the present circumstances,,I don't this is the proper time to do that. We are looking simply at the Planning Commissions decision. There has been a motion and a second to up-hold.;:.. Cichy: Could we have this item verbatim in the minutes? Tury: I can see no problem with that. Just this issue MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL: that the Planning Commissions decision be up-held and to deny the Appeal. 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. 82-16-MAKING FINDINGS & DETERMINATIONS FOR STREET IMPROVEMENT INSTALLATIONS AND APPROVAL OF COOPERATION AGREEMENT BETWEEN CITY OF ROSEMEAD AND THE ROSEMEAD REDEVELOPMENT AGENCY RESOLUTION NO. 82-16 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE INSTALLATION OF MISCELLANEOUS STREET IMPROVEMENTS FOR FISCAL YEAR 1981-82 FOR THE BENEFIT OF REDEVELOPMENT PROJECT AREA NO. 1, AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COOPERATION BETWEEN THE CITY OF ROSEMEAD AND THE REDEVELOPMENT'.-AGENCY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 82-16 be adopted and the Cooperation Agreement be approved. Vote resulted: UPON-ROLL CALL ALL COUNCILMEMBERS PRESENT-VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 4-20-82 Page #11 i i B. RESOLUTION NO. 82-17 - CLAIMS & DEMANDS RESOLUTION NO. 82-17 A RESOLUTION OF THE CITY COUNCIL OF THE,CITY OF ROSEMEAD CLAIMS & DEMANDS IN THE SUM OF $560,159.31,NUMBERED 8227- 8260 & 3521 THROUGH 3705 INCLUSIVELY MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 82-17 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Tury directed the Attorney to look into the possibility of reimbursing the City all.the expenses incurred by the.Cal Fed project which is in the Redevelopment Project Area, and.he.felt that,if possible, those charges should be passed on to the Redevel- opment Agency. There being no objection, it was so ordered. C. ORDINANCE NO. 541 - AMENDING SECTION 4306a OF ROSEMEAD MUNICIPAL CODE RELATING TO NOISE CONTROL ORDINANCE NO. 541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTION 4306(a) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO NOISE CONTROL MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that ordinance No. 541 be adopted;.and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said moti6n._.du1Y carried and so ordered. D. ORDINANCE NO. 542 - REQUIREMENT OF CONDITIONAL USE PERMIT FOR INSTALLATION AND/OR OPERATION OF COGENERATION EQUIPMENT ORDINANCE NO. 542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING A CONDITIONAL PERMIT FOR THE INSTALLATION AND/ OR OPERATION OF COGENERATION EQUIPMENT MOTION COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that ordinance No. 542 be adopted and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-A, CC-B, CC-F, CC-I, CC-K and CC-L Deferred) CC-C AWARD OF BID TO OAKRIDGE DEVELOPMENT FOR HOME HANDYMAN PROGRAM CC-D CONSTRUCTION ACCEPTANCE OF JACKSON AVENUE(HELLMAN/GRAVES) STREET IMPROVEMENT PROJECT CC-E AGREEMENT FOR TITLE SERVICES WITH TITLE INSURANCE & TRUST CC-G GRAND AVENUE ;_WEST.OF''WALNUT`GROVE-=REQUEST FOR SPEED LIMIT SIGN CC-H AUTHORIZATION TO ATTEND SEMINAR ON TERRORISM IN L. A. MAY 25th, 1982 CC-J AUTHORIZATION TO ATTEND SCAG GENERAL ASSEMBLY MEETING APRIL 28-30, 1982 PALM SPRINGS. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL 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. CM 4-20-82 Page #12 i CC-A REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS FOR MAINTENANCE SHED AT ROSEMEAD PARK Councilman Taylor.requested clarification on the Concrete slab that is being poured, and the drainage slope. Mr. Burbank stated that the concrete slab would be poured over the asphalt slab and set the building on top of it, and it would be a level slab with a slight slope-for drainage and a slope on the roof. MOTION BY COUNCILMAN TAYLOR,. SECONDED BY COUNCILMAN CIICHY"'' that the,request to advertise for bids for the Maintenance Shed at Rosemead Park 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 OF BID TO NADAR--REPLASTERING & RETILING OF ROSEMEAD POOL . Councilman Taylor expressed concern over the water going down the cold.joint between the coping and the slab. Michael Burbank stated that those joints are caulked. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Bid be awarded to Nadar. Vote resulted:' UPON ROLL.CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-F MISSION DRIVE & EARLE STOP SIGN & CROSSING GUARD It was directed that the Traffic Commission check to see where the children are crossing and this'item was deferred for additional information. CC-I AUTHORIZATION TO ATTEND 76TH MUNICIPAL FINANCE OFFICERS CONFERENCE, MAY 23-26, 1982, NEW ORLEANS, LA. No action be taken on this item. CC-K AUTHORIZATION TO ATTEND CONTRACT CITIES ANNUAL CONFERENCE MAY 20-23, 1982 IN PALM SPRINGS. MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN IMPERIAL that authorization to attend Contract Cities Annual Conference in Palm Springs, from May 20723, 1982 be granted. Vote resulted: AYES: Councilmen Cichy, Cleveland, Imperial and Mayor Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CC-L CLAIM AGAINST THE CITY BY SALVATORE PUGLIESE This Item be deferred for additional information. V. MATTERS FOR DISCUSSION & ACTION A. TRAFFIC COMMISSION APPOINTMENT B. PLANNING COMMISSION APPOINTMENT MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR that both V-A & V-B be handled together and that Glenn Clanton be reappointed as Traffic Commissioner and Howard Mattern be reappointed as Planning.Commission for another 2 years. Vote resulted: . UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 4-20-82 Page #13 Howard Mattern, Planning Commissioner expressed his appreciation to the Council for the vote of confidence. Glenn Clanton, Traffic Commissioner, thanked the Council for his reappointment also. Mayor Tury thanked the Commissions for their sincere, dedicated service to the City of Rosemead. VI. MATTERS FROM THE OFFICIALS A. Councilman Taylor requested a report from Mr. Burbank regarding the snack-bar stand and what problems are still left there. He requested a written report on the tactics being used to resolve the problem with the Contractor. Mayor Tury also requested a written report on the addition. B. ' Councilman Imperial inquired about the status of the Waterfall in front of City Hall. Robert Dickey, Assistant City Manager, stated that the pump unit and the rest of the electrical unit is housed in the library facility and we are getting an estimate from the mechanical depart- ment for the replacement of the equipment. Councilman Imperial stated i.trhad been.a long time since he had originally requested information on this problem and it still has not been resolved. Frank G. Tripepi, City Manager, stated that he had instructed staff in investigating the removal of equipment and basically re- routing that equipment to another location that the City would have control over.and be'-,able.-',to get to it. C. Councilman Imperial inquired about coverage for the Commissions in case of accidents. Councilman Taylor inquired of the City Attorney if these Commissioners were out of town on 'City business if they would be covered. Robert.:K-ress, City Attorney, stated that he felt that they would be covered. Councilman Imperial stated that he had inquired about this issue a couple of years ago and he was told that they were not covered. Mayor Tury requested a memorandum on the status of the Commissioners regarding insurance aspect of it. D. Mayor.Tury requested permission from the Council to send a letter to the Rosemead School District regarding allega- tions of encroachment of Rosemead Park into their School creat- ing financial hardships for their school. E. Councilman Taylor stated that in connection with that he-had picked up eight broken:;beer,bottles in the two diamonds on the school property. He requested a report back on the May 11, 1982 Council Meeting, regarding what the Sheriff's Deputies are doing and these are all busted glass bottles laying in the walkway this last Saturday. F. Robert Kress, City Attorney, inquired if there was a need for the preparation of an ordinance regarding a moratorium on Arcades. Mayor Tury suggested that an Ordinance be prepared and it can be studied. CM 4-20-82 Page #14 G. ALTERNATE TO THE SANITATION DISTRICT Mayor Tury appointed Mayor Pro Tem Pat Cleveland as the Alternate to the Sanitation District. J There being no further business, the City Council was adjourned to the next-Regular Meeting on April 27, 1982 at 8:00 p. m. Respectfully submitted: APPROVED: City Clerk of the City of Rosemead MAYOR _ CM 4-20-82 Page #15