CC - 06-09-76MINUTES OF THE ROSEMEAD CITY COUNCIL
ROSEHEAD, CALIFORNIA
JUNE 9, 1976
CALL TO ORDER - 8:00 p.m.
A Regular Meeting of the Rosemead City Council was held in the Council Chambers of
the Rosemead City Hall,. 8838.E. Valley Blvd., Rosemead, California and called to
order by Mayor Trujillo.
The Pledge of Allegiance was led by Councilman Hunter
The Invocation was"delivered by Reverend Jack Preston of the Rosemead United Methodist
Church.
ROLL CALL:
Present: .
Absent:
Ex officio:
Cichy, Hunter, Imperial, Taylor, Trujillo
None
Burbank, Davenport, Dickey, Dilkes, Foutz, Fleischman, Sullivan
Tripepi,
APPROVAL OF MINUTES: MAY 24, 1976 - SPECIAL MEETING
MAY 25, 1976 - REGULAR MEETING
It was moved by Councilman Imperial, second by Councilman Cichy to approve the minutes
of Ifay 24,1976 and May 25, 1976 as written.
Roll Call Vote as follows:
AYES: Cichy, Punter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: 'None
1. ORAL COMMUNICATIONS FROM THE~AUDIENCE ON AGENDA ITEMS:
A. GERALD & NANCY TODD/IVAR PROPERTIES
I1rs. Nancy Todd, 8863 Turpin St., Rosemead presented her letter to the City Manager
dated May 21, 1976 relative to interest in purchase of a strip of property in the
rear of 4527 N. Ivar Ave. (City-Owned Property).
Mayor Pro Tem Taylor requested a written statement from the City Attorney regarding
disposition of public property.
Deferred for further information...
B. CHESTER JUNG, 3927 N. Ivar Ave., Rosemead addressed the Council with regard to
the; height of a common wall between the Rosemead Community Center and his property.
which has a swimming pool.
Staff to provide Council with report of action taken to rectify problem.
2. LEGISLATIVE: None
3. CONSENT CALENDAR: Item CC-B deferred..
AGREEIIENT/LITTLE LEAGUE/REVENUE SHARING
CC-A RESOLUTION 76-30. CLAIMS AND DEMANDS
Recomm: Waive Reading & Adopt
CC-C AWARD OF CONTRACT/DEMOLITIOIT/2220 GLADYS AVE.
Recomm: Award Contract to Commercial Land Clearing ($345) and Authorize Mayor
t to Execute the Contract
~CC-D SET PUBLIC HEARINGS/JULY 13, 1976
Recomm: Set Hearings for Amendment to PD Zone and Zone Change 76-77 as requested
CC-E REQUEST FOR CROSSING GUARDS DURING SUMMER SCHOOL (Savannah & Janson Schools)
Recomm: Approve Crossing Guards as Requested
SUGGESTED ACTION: CONCUR IN RECOMMENDATIONS ON THE CONSENT CALENDAR
It was moved by Mayor pro tem Taylor, second by Councilman Hunter to approve CC-A, C,
D, & E as recommended.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES; None
ABSENT: None
Page V.70 , • •
Council Minutes
June'9 1976
Councilman Cichy requested staff to provide Council with a report on costs involved
for Crossing Guards during budget study sessions.. No Objections..
REGULAR AGENDA
4. AMENDMENT TO AGREEMENT FOR COOPERATION BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD
REDEVELOPMENT AGENCY.
City Attorney Dilkes explained that this agreement provides for CERTAIN STREET IMPROVEMENTS
TO SAN GABRIEL BOULEVARD BETWEEN THE ALHAMBRA WASH AND KEIM STREET - and for
FLOOD CONTROL AT THE CORNER OF NEWMARK AVENUE AND SAN GABRIEL BOULEVARD.
It was moved by Mayor pro tem Taylor, second by Councilman Cichy to approve the
foregoing agreement and authorize the Mayor to execute.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
Councilman Taylor requested staff to review potential need for utilities in the
streets involved with the foregoing project... No Objections..
5. RESOLUTION 76-31. MAKING FINDINGS RE: SAN GABRIEL BLVD. PROJECT IN PROJECT AREA NO. 1
Attorney Dilkes read Resolution 76-31 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FLIDINGS
AND DETERMINATIO14S WITH RESPECT TO INSTALLATION OF FLOOD CONTROL FACILITIES AND
ACQUISITION OF RIGHT-OF WAY FOR STREET IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER
OF THE CITY OF ROSEMEAD TO SIGN AN AMENDMENT TO THE AGREEMENT FOR COOPERATION BETWEEN
THE ROSEMEAD REDEVELOPMENT AGENCY AND THE CITY OF ROSEMEAD.
It was moved by Councilman Cichy, second by Mayor pro tem Taylor to waive further
reading and adopt Resolution 76-31.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
Staff to provide Council with update on acquisition on right-of-way.:,
6. CONSIDERATION OF TABLED MOTION RE: TEF14 OF CITY COMMISSIONERS
It was moved by Councilman Cichy, second by Mayor Trujillo that the City co%n nue
the present two-year length of service with provision that no commissioner can serve
for more than two consecutive terms on any one commission.
Mr. Robert Ritchie, 9355 Glendon Way, Rosemead addressed the Council regarding limiting
the number of terms served on commissions. .
Roll Call Vote as follows:
AYES. Cichy, Trujillo
NOES: Hunter, Imperial, Taylor
ABSENT: None
It was moved by Concilman Imperial, second by Councilman Hunter to limit the term
of commissioner to a one-year term.
Roll Call Vote as follows:
AYES: Hunter, Imperial
NOES: Cichy, Taylor, Trujillo
ABSENT: None
MUNICIPAL CODE REMAINS UNCHANGED.. TERM TO REMAIN T140-YEAR TERM (NO LIMIT)
i i
Page Three
Council Minutes
June 9, 1976
The Meeting Recessed at 8:40 p.m. The Meeting Reconvened at 8:52 P.M.
EXECUTIVE SESSION REQUESTED BY CITY ATTORNEY:
The Meeting Recessed to Executive Session at 8:53 p.m. to discuss a law enforcement
problem that might result in litigation.
The Meeting Reconvened at 9:03 p.m.
Attorney Dilkes advised that there.is a potential dispute between the City of Rosemead
and law enforcement agencies of two neighboring jurisdictions that could result in
litigation. Council is taking no action at this time..
7. DISPOSITIO14 OF SURPLUS PROPERTY/IVAR AVENUE
Deferred to next meeting. Staff requested to report on condemned house at 4535 Ivar.
8. APPOINTMENT OF CITY C014MISSIONERS: No objections to this item to be recorded verbatim
through discussion of Planning Commissioner....
Co. Taylor:
I would like a statement from the City Attorney. He was going to give us
an 1 inion..to check our ordinances..I would like a clarification if
Mr.,DeTora's term was defunct or where we stand.
Attny Dilkes
Mr. DeTora's term expired at the conclusion of the month of May. The Council
acted to reappoint him for a limited period of time. My initial opinion was
that he would-not be able.to,,act and that his.sitting.,on the Commission
would place him in the position of sitting esseintially ex-officio., Two things
subsequently became apparent in the course of research. -There,-is one case.
in California - in re: Bunker Hill - it is a redevelopment case but 'pa'rt of
the challenge of the opponents of the Redevelopment Project was that one of
the members of the Agency Board had been improperly placed on the Board and
that his term had expired. The California Supreme Court said that he was
quote "defacto a member of the board"; And concluded that he could in fact
act while sitting on that Board and that individuals dealing with a
governmental entity were under no duty to explore the qualifications, term
and appointments of appointed officials. On that authority, I informed
Mr. DeTora that he was capable of sitting on the Commission in a defacto
capacity. For the Council's information, Mr. DeTora abstained on a number
of votes during the course of the meeting. As a practical matter, in the
course of the meeting, it also became apparent that there were no matters to
be acted on that evening. That if he had been involved it wouldn't have
posed any problem.
Co. Taylor
I would like the City Attorney to clarify one other item. Fir. DeTora's
appointment was until this meeting if I am not mistaken?
Attny Dilkes
That is correct
Co. Taylor:
So, as of now, the Commission or Office is open for nominations?
Attny Dilkes That would be correct
Co. Taylor: If we.are going to propose names, I would like to submit the name of
Luke Genovese
Co. Hunter: I would like to nominate Don DeTora for a full two-year term.
Co. Imperial: I realize a nomination doesn't take a second, but I would also like to
go on record as nominating Don DeTora.
Co. Cichy: Since we aren't seconding nominations, I would like to go along with
Mr. Taylor's nomination and place his name before the Council for a vote..
Attny. Dilkes: Just let me clarify something on the process of selection. The nominations
occur and all of the names are before the Council for a vote.
Page Four
Council Minutes
June 9, 1976
Co. Imperial I would like at this time to request some information on the background of
both Mr. DeTora and Luke Genovese who has been nominated to see who has the
most outstanding background in so far as what the needs of the City are
considered on the Planning Commission.
Co. Cichy; I believe this information has already been supplied
Co. Imperial: I have not seen this information
Mayor Trujillo: Mrs. Davenport, wasn't that information supplied to Council Members at the
previous meeting?
Ns. Davenport: Copies of applications were supplied but I am not sure of Mr. Genovese
Co. Taylor: That was in there..
Co. Cichy: They were supplied the Council two meetings ago I believe.
Co. Imperial: Somebody must have thought I was on vacation - I didn't receive this material..
I would like to see it and review it before I make any decisions.
Co. Hunter: I have not seen it either..
Co. Taylor: Can we call a short recess - and I would like Mrs. Davenport to get the agenda
packet for the last meeting.
Mayor Trujillo: We will take a 5 minute recess.
The Meeting Recessed at 9:12 p.m. The Meeting Reconvened at 9:19 p.m.
Mayor Trujillo: Are there any further nominations? If not, nominations are closed..
Co. Cichy: I would like to second Mr. Taylor's motion with regard to Mr. Genovese..
(Motion) Since I have the floor, I would move that I nominate Mr. Genovese to the
post of Planning Commission.
Co. Taylor: Second, if you need such a motion.
Mayor Trujillo: We will vote on that item first..
The Motion is to confirm Mr. Genovese for appointment to the Planning
Commission.
ROLL CALL VO E AS FOLLOWS:
AYES: Cichy, Taylor
NOES: Hunter, Imperial, Trujillo
ABSENT: None
Mayor Trujillo: A Motion would be in order to confirm the other nominee.
Co. Hunter: Move it Madame Mayor Co. Imperial: Second
Co. Taylor: Would there be any discussion on this matter?
Mayor Trujillo: Yes
Co. Taylor: I would like the City Attorney to inform me of research material which I
informed him of at the last Council Meeting. He asked if I had any
information. He was not aware of a problem with Mr. DeTora;s nomination.
I told him where he could find the information. I would like to know if
he has done it.
Attny Dilkes: I am sorry, Mr. Taylor, I have done nothing - I was not aware that you wanted
me to look into it.
Co. Taylor: Does Mr. DeTora have any information he would like to present?
Note:....... Mr. DeTora (Presents Planning Commissioner) approached the podium.. _I
Page Five
Council Minutes
June 9: 197&
Co. Taylor: Perhaps while Mr. DeTora is here - can we direct a question to him?
I'would like to know if Mr. DeTora went to a resident's home in this City
and threatened that individual with a law suit for 1/2 million dollars?
Mr. DeTora: I do not answer any questions without my attorney.
Attny Dilkes: The question could extend with sufficient breadth..Mr. DeTora would
legitimately be able to exercise his right under the 5th amendment to say
nothing.
Co. Imperial: I am kind of lost here. I am getting a little bit of what was just projected
by Councilman Taylor. Councilman Taylor..my feeling being a very intelligent
very capable person..a Member of this City Council. He asked a question -
I don't quite get the drift..if he has something, he has to say, then I think
he should say it - whether it be in the form of an accusation or a question.
But, I think it should come out.
Co. Hunter: I would like to call for the question, but just prior to that if Mr. Taylor
has some evidence - which he says he has - and I asked for..he wouldn't let
me hear..I would say lets have a public hearing on the matter. I don't
think this is the time or the place.
Mayor Trujillo: You had called for the question
Co. Hunter; Yes
Co. Taylor: Madame Chairman..Madame Mayor - I don't believe that is proper-You know it
is not proper - and we are trying to cover it up..it is that simple.
Mayor Trujillo: Mr. Dilkes was that proper or not?
Attny Dilkes: It was certainly not improper to call for the question..I am not sure what
'Mr. Taylor was describing..
Co. Taylor: Would it be proper to call for a motion or make a motion to table that motion?
Attny. Dilkes: That would be in order..
Co. Taylor: I make that motion... Co. Cichy seconded
Roll Call Vote as follows: (Motion to table Call for Question)
AYES: Cichy, Taylor
NOES: Hunter, Imperial, Trujillo
ABSENT: None
Mayor Trujillo: Councilman Hunter, you moved to call the question..
Co. Hunter: Yes, on the appointment of Mr. Don DeTora to a full two-year term.
Mayor Trujillo; The question has been called - will you vote please
Co. Taylor: I think you are making a big mistake.. You refuse to take the information.
I came before the Council three times - to the Planning Commission -
April 7th I came to the Planning Commission and asked the City Attorney
to research the matter. He refused to..it simply states..when I came to the
City Attorney..It states: Mr. Gary Taylor questioned Chairman DeTora on a
citizens matter..This was in April of 1975. You know that we had an executive
session that was allowed under law before the new statutes went into effect..
At that time you yourself voted for the replacement or removal of Mr. DeTora.
You are fully aware of what has happened. And I think that by pushing this
issue tonight it is an extremely unfair issue. If Mr. DeTora wants a public
hearing, have it next meeting..'December 15th of this year (meaning 1975)
I again want to the Planning Commission meeting..When Mr. DeTora was ill at
that time, and I said all right, Mr. DeTora, we know you are going into the
hospital..out of a matter of compassion which anyone, I think, would have
done, I said we'll let this issue go until you are out of the hospital -
which I did - and we all concurred this was a reasonable thing to do.
I don't think we are facing up to the responsibilities of what we were
elected to do. It is tough sometimes..we have our disagreements..all of us.
Mr. DeTora, we have our disagreements..but this is an issue - either we are
going to condonalt or we are going to get a public hearing on it.
Page Six r •
Council Minutes
June 9, 1976
Mayor Trujillo: Co. Taylor, my feeling is that there is a motion on the floor now. If we
choose to direct the City Attorney to avail himself of all the information
that you have available and to take action at that point-that to me is a
different issue. Mr. Dilkes, do you have anything to offer?
Attny Dilkes: I personally feel badly, because I wasn't..I frankly do not recall being
instructed to look into it. If the Council wishes to have me evaluate the
information that Mr. Taylor is concerned about, I will be only too happy
to do that. And, if the Council feels it is worthwhile to defer this item
until the next meeting so that I have an opportunity to do that-that seems
fine too. If the Council wishes to have me evaluate it after voting tonight
on the present motion, that is equally acceptable..It is really up to you.
Tell me what it is you wish me to do and I will be happy to do it.
Mayor Trujillo: So am I correct in understanding that we could vote on the motion on the floor
and thereafter instruct the City Attorney to investigate the charges?
Attny Dilkes_ O.K...You can do that-that is correct-and that would be a matter for Council
policy. I am not sure whether that is something that the Council would like
to do. I candidly don't know terribly much about the information Mr. Taylor
has. It might.not be desirable to make the appointment and then have
something deleterious come out. That is up to the Council.
Co. Cichy: If an appointment is made and then a reason was to come up to remove a
commissioner for cause - after that appointment - for a cause for a previous
term, would that cause apply to a subsequent appointment?
Attny Dilkes: Absolutely..We don't even have to concern ourselves with cause. Rosemead has
an ordinance that has all commissioners serving entirely at the will of the
Council. So that the Council would be entitled to remove any commissioner
on any commission essentially with or without a reason having to do with the
legal definition of just cause.
Co. Taylor: I think that in all fairness - I have talked with Mr. DeTora prior to the
last Council meeting. I asked him what he thought of the axis that he took
and he didn't think that there was anything seriously wrong at that time and
I believe that - again, I am going to quote Mr. Imperial - wait for a while.
and when the appointment comes up, then a person can be removed gracefully
so to speak. And I have waited until this nomination-hoping that we could
clean some of the positions without a witch. hunt and I find myself in that
awkward position now either I too put it under the carpet or else we
acknowledge what we are here to do. And I think since Mr. Hunter and Mr. Imperial
are now aware of some very serious matters, I would like to know their
reasoning for pushing this or maybe waiting till next meeting now that
something will be done on it.
Co. Imperial: Councilman Taylor has never taken the opportunity to confide in me on
anything of this serious consequence. I do not know what Councilman Taylor
is talking about. I have heard some rhetoric and some rumors about Mr. DeTora.
Nothing has been justified..I don't believe rumors. Councilman Taylor has
not approached me..As Councilman Hunter has just said, he has asked Mr. Taylor/
Councilman Taylor for some of this information and Councilman Taylor has
refused to give it to him. I really don't know what we are talking about now
if Councilman Hunter (meaning Councilman Taylor) has something to say, now
is the time and place to say it.
Co. Hunter: I made a motion and I stand by it. As a matter of fact, I have already voted..
If Mr. Taylor has evidence that one of our commissioners is not performing his
duty well, I would be very receptive to a public hearing. And if it is proven
at that time t at a comm ssioner has violated the law, then I would be the
first to ask a&e` did ask Mr. Taylor to listen to some tapes that
supposedly he has..I would call for the question and at that time, let
Mr. Taylor move for a public hearing next meeting on this matter.
Page Seven
Council Minutes
June 9, 1976
Mayor Trujillo: The question has been called for. We will have to vote now andthen deal with
the other item after..
ROLL CALL VOTE AS FOLLOWS
AYES: Hunter, Imperial,
NOES: Cichy, Taylor
ABSENT: !None
(Mr. DeTora to two-year term)
Trujillo
Co. Taylor; I would like it thoroughly understood by the City Attorney that he is to
research the information in his own files right now..and have this on the
agenda at the next meeting.
Attny Dilkes: I will be happy to do so.
Mayor Trujillo: Did you have a further motion?
Co. Taylor: No, the issue has been taken care of for now.
Co. Hunter: On that subject..The information that you receive..Does Mr. DeTora get this
information at the same time?
Co. Taylor: He has it already..
Co. Hunter: I asked the City Attorney. I realize that Mr. Taylor is an attorney but I
am asking the one we pay..
Attny Dilkes: Mr. DeTora has no specific legal right to obtain the information.
Co. Hunter: That is my question..
Co. Cichy: Question for the City Attorney. There is a possibility that there could be
some litigation involved here. Is it proper for any evidence to be heard by
the Council prior to making a decision whether a public hearing will be
held? What I am taling about..Is it proper for the City Council to hear
any evidence in private prior to a public hearing or requesting a public
hearing so that we can determine whether or not there is going to be
litigation or possibility of it or whether somebody is going to be chastised
unfairly.
Attny Dilkes: It would be entirely proper for me to circulate a memorandum to the Council
in advance of the meeting. There is no reason why that memorandum can't
discuss the matter without personal innuendo; and without creating an
unnecessary furor.
Co. Taylor: I think that we should also state that Mr. DeTora himself has inferred that
there could be legal litigation with his attorney - so I think that pretty
well sets the issue.
TRAFFIC COMMISSIONER APPOINTMENT:
Mayor Trujillo declared the nominations open for Traffic Commissioner..
Councilman Imperial nominated Mr. Fen Reaves.
Councilman Taylor nominated Mr. Sam Morales .
Mayor Trujillo nominated Mr. Dan Handy
Page Eight
Council Minutes
June 9, 1976
It was moved by Mayor pro tem Taylor, second by Councilman Cichy to reappoint
Mr. Sam Morales to a full two-year term on the Traffic Commission.
Roll Call Vote as follows:
AYES: Cichy, Taylor
NOES: Hunter, Imperial; Trujillo
ABSENT: None
It was moved by Councilman Hunter, second by Mayor Trujillo to appoint Mr. Dan Handy
to a full two year term as Traffic Commissioner.
Roll Call Vote as follows:
AYES: Hunter, Imperial, Trujillo
NOES: Cichy
ABSENT: None
ABSTAIN Taylor
9. C011MISSION & COM11ITTEE RECO110ENDATIONS:
TRAFFIC COMMISSION;
A. MUSCATEL AVE. & EDMOND/STREET SIGN
Traffic Engineer Envall presented the recommendation of the Traffic Commission to
place STOP AHEAD pavement markings .
After discussion for reasons for request;
It was moved by Mayor pro tem Taylor, second by Councilman Hunter to approve the
foregoing recommendation.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
B. LETTER OF RESIGNATION/COMIMISSIONER ALEXANDER
It was moved by Councilman Hunter, second by mayor pro tem Taylor to accept the
resignation of Mr. Joe Alexander from the Traffic Commission effective July 31, 1976,
and to prepare an appropriate plaque.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
HUMAN RESOURCES C0124ISSI014:
A. RECOM14ENDATION RE: GRAFFITI
The Human Resources Commission recommended in a letter dated flay 27, 1976 over the
signature of Chairman Isabel Brownell that:
The City Council of the City of Rosemead support a resolution stating
the laws and ordinances of the City of Rosemead as it relates to public
and private properties
That bold print posters be placed on public bulletin boards on public
properties where there is a great deal of vandalism, such as public
parks, community centers, boys' clubs, and that the format be based on
that utilized in non-discrimination posters both in English and Spanish.
That this notice will serve as a reminder to potential vandals.
Page Nine
Council Minutes
June 9, 1976
It was moved by Councilman Hunter, second by Mayor pro tem Taylor to approve the
foregoing recommendation.
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
10. COMMUNICATIONS:
A. WRITTEN CORRESPONDENCE
1) CITY OF HAWAIIAN GARDENS/OPPOSING ASSEMBLY BILL 3675
It was moved by Councilman Hunter, second by Councilman Imperial to receive & file.
y (Note: killed in committee)
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES; None
ABSENT: None
B. I4ATTERS FROM CITY OFFICIALS
I4ayor Trujillo:
1) LETTERS/RTD CORRIDOR 'D' BOARD VACANCY
Mayor Trujillo presented letters from La Puente, and South E1 Monte relative to
support for candidacy for RID Corridor 'D' Board..and suggested that this Council
support Rosemead Councilman Marvin Cichy in his candidacy for the Board.
It was moved by Mayor Trujillo, second by Councilman Hunter to endorse Rosemead
Councilman Marvin Cichy as candidate for R.T.D. Corridor 'D' Board - and that letters
requesting further support be mailed to all voting cities.
Roll Call Vote as follows:
AYES: Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
ABSTAIN: Cichy
City Attorney:
1) ALPHA BETA LIQUOR LICENSE..REQUEST FOR DIRECTION
Mayor pro tem Taylor requested, with no objections from Council, that this item
be placed in the minutes verbatim...
Attny Dilkes: I requested that the Council give me some guidance as to what they wish me
to do concerning the liquor license that was recently granted to Alpha Beta
Markets and is currently under protest. This item came in initially from
the audience - from citizens - and they requested that the City act on
behalf of their interests and oppose the grant of the license to Alpha Beta.
There are currently two hearings that are set before the Alcoholic Beverage
Commission, on this license, and I peed to know somewhat in advance because
these things--take a fair amount of preparation.
Co. Taylor: As the letter from the City Attorney fairly well states that this will be an
outside a epse - above and beyond their normal retainer - and in fact, it
is a case between private enterprise in the respect that it is one liquor
store asking to deny a permit for another store which has a legal right to
apply'for'.such a liquor license, and I feel that this could be an arbitrary
decision in the sense - Why - Or how could be stop what this type of store...
and'--not go right on down the line to whoever-.comes in and files an appeal..
I sympathize with the person's problem -fie has a big chain store that is
going to be competing with him - but I don't think it is City business to
start taking sides between private businesses''unless this is a state-wide
option that is available to anyone - not.j'ust Rosemead.
Page Ten
Council
Minutes
Jurie 9,
1976
Co. Cichy:
I tend to agree with the free-enterprise concept, except in this particular
type of incident where today alcohol is replacing drugs among teenagers as
one of the precipitant to crime.. and it seems that someone controlling a
liquor store, where that is their sole business, can control the theft
of this product much better than people who work in a market type of
atmosphere where they have many people going in and out - where the liquor
isn't under supervision - and by liquor, I mean beer, wine, & hard liquor.
The concept of regulating alcohol has applied for generations at every level
and it regulates the sale-and some states say that you can only have
state-owned stores, and nobody else can sell it..so I think we can take a
position. If we feel that there is a liquor store that can control it
better and it is being challenged by a larger concern that has a lot of
employees where the liquor can be siphoned out then we are saying we are
doing something, for the health and safety of the community. We aren't
doing something to protect this one little liquor man. Now, if Mr. Imperial
has some suggestions or needs some help with regard to any dates that he has
then I think the Council should help and I would be glad to, help him.'.
Co. Imperial:
As I have previously stated that I`am directly involved in this hearing. I
am a plaintiff. I have.made my feelings known to Alpha'Beta and the ABC
Board that I'do not agree with the sale of`alcoholic beverages at Alpha
Beta Markets and for the. very same reasons that Mr. Cichy just pointed
out. Now, Councilman Taylor made this sound like a tug=of=war between a
small store and a 'great big food operation`:.. Those are not'my feelings, and
that is not the reason that I am involved, that is not my problem. My
problem is the health and welfare of the children of this community which I
am directly concerned with. You can go into a market - any market - not
only Alpha Beta Market. You will find that alcoholic beverages are easily
accessible because that is not their only product. They have many other
products and they can do very well without it. On the other hand, a liquor
store owner does pay a hugh amount of money to get a license to sell
alcoholic beverages and he uses a lot of care in who he sells these beverages
to. You have a 100% control, in my opinion, on the sale of alcoholic:
beverages in a store that specialized in that, but not in a market or a
durg store or anything else. Pfy feelings are not only against ..with Alpha
Beta Market but with any market or drug store that wants to sell alcoholic
beverages. There is just a very definite lack of control. I am not
asking the City Council for any help in my complaint with the ABC Board or
with the appeals board. If they want to give me help with this, fine. But
I am determined - I have made my decision - to go all the way with this and
to appeal this thing as far as I can because of my feelings. Thank You..
Co. Hunter: I would have to agree with Councilman Cichy. The free enterprise system is
something that has been batted and used as a political' football for many many
years. I do not like the intervention of any government agency into business,
but many times it is a necessity to protect the citizens - so if Mr. Cichy
is ready to make a motion, I am ready.
Motion: It was moved by Councilman Cichy, second by Councilman Hunter that the
Rosemead City Council adopt a Resolution supporting Mr. Imperial in his
endeavor - or any other plaintiff in their endeavor with regards to this
particular market and with regards to advising the Alcoholic Beverage Control
Board that we favor stricter controls and that we feel that sale can not
properly be made in a market.
Mayor Trujillo: I have a question for the City Attorney..What would be the cost for this
representation to the City?? Approximately?
Attny Dilkes: I can't really estimate this accurately-the hearings themselves usually go
on for-before the ABC Board may go on for 2 to 4 hours. Preparation time
for something like that usually runs roughly twice the time of the hearings.
In this case it would probably exceed that. I guess I would have to guess
between about - of say $500 and $1000. Maybe less than that - well let me
add it up..4 + 8 = 12 hours and say in round numbers between $300 and $800...
I can't really estimate it. If the Board decides to continue a matter and
bring it back another time you can waste a whole day sitting there.
'Page Eleven • •
Council Minutes
June 9, 1976
Co. Taylor: I think there were some pretty good points made. I have heard strong
discussion coming out about health and safety. There was one word that I
did catch that-Mr. Cichy's motion was to support this resolution concerning
this particular market. That means an individual, not a concept of law or
what we are going to take a policy on. It was this particular-•market. I
think we need more of a clarification if we are not just going to protect
one business from Alpha Beta.
Co. Cichy: I believe that the only position that is before the Alcoholic Beverage Control
Board is with regards to this particular market. If it was with regard to
all the markets then I would modify the motion to so state.
Co. Taylor: Could we not make that a general motion and so include this particular.. I
tend to agree as far as the alcoholic problem in this country..Lieutenant Jenks
could tell us statistics as far as automobile accidents and crimes that are
committeed because of liquor. I think it needs to be far borader than simply
between two businesses-And also, as I said, there were some very pertinent
points - are there any objections to putting this discussion in the minutes
verbatim?
Council: Stated No Objections...
Co. Cichy: Is that an amendment to the Resolution? The Resolution stands as stated..
Co. Taylor: A clarification-You mentioned a particular business and you also.. Then
there was discussion if that was your intent..
Co. Cichy: No, I thought I had clarified it. The intent was this particular store
because that is the matter before the Board.
Mayor Trujillo: Does that clarify it for you Councilman Taylor?
Co. Taylor: that is fine..
Mayor Trujillo: If there is no further discussion will you vote please..
Hold the vote please...
Attorney Dilkes: The only thing that I want to know-There seems to be two different
understandings of the motion. My understanding is that it is to request me
to prepare a Resolution stating the Council's opposition to this particular
liquor license. As I understand it, it does not authorize me to act on
behalf of the City.
Co. Imperial: My discussion just a second ago with the City Attorney..I wanted this
clarified-was that we were voting on a Resolution and not any expenditures
by this City toward the City Attorney for his services rendered. Now, if this
vote was for any expenditures by this City - and being that I am directly
involved - then I would want to abstain..I would like this clear.
Attorney Dilkes: As clarified, it would not authorize any expenditure at all...
ROLL CALL VOTE AS FOLLOWS:
AYES: Cichy, Hunter, Imperial, Trujillo
NOES: Taylor
ABSENT: None
Mayor pro tem Taylor:
1) Asked that Information regarding Charters be placed on the Next Agenda..
2) Initiated discussion regarding the plaque for the bi-centennial committee
Following transcribed here to have continuity of subject matter...
ry <
It was moved by Mayor pro tem Taylor, second by Mayor Trujillo to leave names of
individuals off the Bi-Centennial Plaque.
Roll Call Vote as follows:
AYES: Taylor, Trujillo
NOES: Cichy, Hunter, Imperial
ASSENT: None
Page Twelve
Council Minutes
June 9, 1976
City Treasurer/Bi-Centennial Chairman Foutz:
1) Announced the celebration on Saturday of Flag Day at Montgomery Wards Shopping..
2).. Announced the Bi-Centennial Committee Meeting to be held Tuesday, Jun3 15, 1976
at the Dinsmoor Clouse (all invited)
C. ORAL COMIUNICATIONS FROM THE AUDIENCE
1) Mr. Glenn Clanton, 3244 Leyburn, Rosemead expressed compliments for a good meeting.
ADJOURNMENT
It was moved by Councilman Hunter, second by Mayor pro tem Taylor to adjourn this
meeting to a Budget Study Session at 6:30 p.m. on Friday, June 18, 1976..
and that the Meeting Be Adjourned in Memory of Francine Trujillo, daughter of our Mayor..
Roll Call Vote as follows:
AYES: Cichy, Hunter, Imperial, Taylor, Trujillo
NOES: None
ABSENT: None
MEETING ADJOURNED AT 10:17 p.m.
NOTICE OF ADJOURNED MEETING
NOTICE IS HEREBY GIVEN THAT THE REGULAR MEETING OF THE ROSEMEAD
CITY COUNCIL - HELD WEDNESDAY, JUNE 9, 1976 WAS ADJOURNED TO FRIDAY,
JUNE 18, 1976 AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE ROSEMEAD CITY HALL.
MAIN PURPOSE OF MEETING: BUDGET STUDY SESSION
Dated: June 10, 1976
I~
BY ORDER OF THE CITY COUNCIL