CC – Item 4B – Staff Report – Approval of Entertainment Permit for the Silver Mug 8921 E. Valley Blvd. E
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TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G.TRIPEPI, CITY MANAGER
DATE: MAY 7, 1998
RE: APPROVAL OF ENTERTAINMENT PERMIT FOR THE SILVER MUG
8921 E. VALLEY BOULEVARD
Pursuant to the Rosemead Municipal Code, an Administrative Hearing was held on May 5, 1998
regarding the approval of an Entertainment Permit for The Silver Mug, 8921 E. Valley Boulevard.
This establishment is a bar serving food and alcoholic beverages. The owner wishes to allow
customers to sing with a "karaoke" machine. The owner is requesting that the hours of operation
for the entertainment be 9:00 p.m. to 1:30 a.m. Friday and Saturday evenings. The regular hours
of operation are from 10:00 a.m. to 2:00 a.m. seven days a week.
Staff is recommending approval of the Entertainment Permit contingent upon the attached
conditions. Attached for your information are the following items:
1. List of Conditions.
2. Copy of the Sheriffs Department License Detail Investigators report.
3. A copy of the minutes of the Administrative Hearing on May 5, 1998.
RECOMMENDATION
It is recommended that the Rosemead City Council grant an Entertainment Permit to The Silver
Mug, 8921 E. Valley Boulevard.
m. ,v, COUNCIL AGENDA
MAY 121998
ITEM No. Tr. G--8
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LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
RECOMMENDED BUSINESS LICENSE CONDITIONS
THE SILVER MUG
8921 E. VALLEY BL.
ROSEMEAD, CA.
1. Entire premises are subject to inspection by the Sheriff's
Department at any time while the business is operating. Any
locked or otherwise secured doors will be opened upon demand.
2. The floor plan and room use shall not change without
Sheriff 's approval.
3. A "Responsible Person" shall be on duty at all times while the
business is open. When any regulatory official (Sheriff's
Deputies/Investigators, Fire Officials, Health Officials,
Building Inspectors, Code Enforcement Officers, etc. ) announce
their arrival at the business this "responsible person"
shall immediately introduce him/herself to the regulatory
official and offer his/her assistance and cooperate fully with
all requests. All management designated "responsible persons"
must be a minimum twenty-one (21) years of age, possess on
his/her person a valid California (DMV) identification, and be
able to communicate effectively with such officials.
4. Any violation of applicable laws and/or these operating
conditions will be grounds for suspension and/or revocation of
these business licenses.
5. Management will not allow dancing on the premises unless a
Dance Permit is obtained.
6. The hours of operation for the enterta; e t h-n t, t
9:00 p.m. to 1:30 a.m. Friday and Saturday evenings
I understand and accept the above conditions.
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SHERMAN FLOCK.s,canr
April 29, 1998
LICENSE UNIT INVESTIGATION REPORT
198-00442-3410-446
city of Rosemead
Application for Business License and/or Permit Entertainment
Business Name: The Silver Mug
Address: 8921 E. Valley Blvd . Rosemead , CA 91770
Applicants: Smith Janet S.
Smith . Dnnald r
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Result of investigation fails to indicate a basis for protest.
Result of investigation indicates a basis for protest.
See narrative report attached in clarification of
recommendation.
investigating Officer T. McLaughlin Report Approved R. Kenealy, Sergeant
#449065 License Detail #048866
Departmental Recommendation a jlroval with rnndit_.ens
SHERMAN BLOCK,SHERIFF
83/No an`L. ,�u Captain
S ecial Investigat ' r}., Bureau
jraolthon of[Service
ADMINISTRATIVE HEARING
SILVER MUG
8921 E. VALLEY BOULEVARD
MAY 5, 1998
The Hearing was opened by the Hearing Officer, Don Wagner, at 10:03 a.m. The Hearing
Officer stated that the purpose of the Hearing was to consider an application for an Entertainment
Permit for the Silver Mug. Present was Terry McLaughlan from the Los Angeles County Sheriffs
Business License Investigation, Milan Mrakich, City of Rosemead's Code Enforcement Officer,
and Donald and Janet Smith from the Silver Mug.
Ms. McLaughlan stated that the Sheriffs Department is recommending approval of the application
with Conditions.
The Hearing Officer stated that the Conditions will be entered into the minutes as part of the
record and that the business owner has signed the Conditions.
The Hearing Officer requested for the record that today's Hearing is to consider the Entertainment
Permit only, and that this item will placed on the City Council Agenda on May 12, 1998 for
consideration and approval. The Hearing Officer noted for the record also, that there were no
other people present at the Hearing.
The Hearing was then closed at 10:08 a.m.
Respectfully submitted
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TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER ✓
DATE: MAY 7, 1998
RE: REAUTHORIZATION OF AGREEMENT WITH COUNTY OF LOS ANGELES
FOR GANG ALTERNATIVE AND PREVENTION PROGRAM (GAPP)
The City's current agreement with the County of Los Angeles for the implementation and
administration of the Gang Alternative and Prevention Program (GAPP) expires on June 30, 1998.
Attached is the renewal agreement from the County requesting an extension of the program through
June 30, 1999. The attached agreement states that the City shall reimburse the County for one-half
('/2)the salary and benefits of a Deputy Probation Officer to administer the program and work with
the local school districts. That provision remains unchanged from the agreement currently in effect.
The proposal from the County County Probation Departement for the next fiscal year includes a
9.1% increase in fees. The actual cost for the program will be $42,612 for the coming year.
Over the past year, the Garvey and Rosemead School Districts and the Sheriffs Department have
stated that the GAPP Program has been very effective in identifying and counseling "at risk"youth.
Once identified, subsequent counseling involves children, parents and teachers. In addition, the
LAPP Officer contracted by the City is serving as the Case Coordinator for the Rosemead Youth
Effectiveness System (Y.E.S.).
RECOMMENDATION:
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It is recommended that the City Council approve the attached agreement extending the GAPP
Program for one-year through June 30, 1999.
COUNCIL AGENDA
ccmem.gapp99.1st MAY 121998
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ITEM No. . e G�
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE
GANG CRIME SUPPRESSION
PROGRAM SERVICES
(GCSPI
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CITY OF ROSEMEAD
7/1/98 - 6/30/99
TABLE OF CONTENTS
Page No?
1 . PURPOSE OF THE AGREEMENT 1
2. STATEMENT OF WORK 1
3. EMPLOYMENT STATUS 2
4. PAYMENT 2
5. INDEPENDENT CONTRACTOR 2
6. INDEMNIFICATION 3
7. LIMITATION OF COUNTY'S OBLIGATION DUE
TO NON-APPROPRIATION 3
8. BUDGET REDUCTIONS 3
9. TERMINATION AND TERMINATION COSTS 3
10. TERMINATION FOR IMPROPER CONSIDERATION 4
1 1 . TERM 4
COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this _ day of
1998, by and between the City of Rosemead located at 8838 East Valley Blvd.,
Rosemead, California 91770, hereinafter referred to as "CITY", and the County of
Los Angeles, hereinafter referred to as "COUNTY", both of whom are collectively
referred to as the "PARTIES".
WHEREAS, CITY desires to provide probation prevention and intervention services
to assist in reducing incidents of truancy and other serious behavioral problems;
and
WHEREAS, COUNTY Probation Department has statutory authority pursuant to
Section 652 of the Welfare and Institutions Code to provide certain expertise and
resources in this area; and
WHEREAS, the Chief Probation Officer has been delegated authority by the Los
Angeles County Board of Supervisors to negotiate and sign agreements to provide
these services; and
WHEREAS, COUNTY desires to participate in a joint effort with the CITY;
NOW, THEREFORE, in consideration of the mutual benefits and subject to the
conditions contained herein, the PARTIES mutually agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to maintain within the City of Rosemead,
the services of a Deputy Probation Officer and support staff mutually agreed
upon by both parties. This Deputy Probation Officer will provide specialized
probation services for CITY. Probation services shall be provided by
COUNTY through this Agreement and shall be consistent with the laws of
the State of California and the guidelines of the CITY.
2. STATEMENT OF WORK
A. COUNTY shall provide, on behalf of CITY, the services of a Deputy
Probation Officer and related support staff with caseload court-ordered
juvenile probationers who are within the community of Rosemead,
such caseloads to conform to the standards established for the
Probation Department's Gang Crime Suppression Program. These
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students will be mutually agreed upon by the Chief Probation Officer
or his designee and the CITY. Further, the CITY will give input
towards the evaluation conducted by the Deputy Probation Officer.
B. CITY shall provide office space and telephone services within its
boundaries for use by the assigned Deputy Probation Officer.
C. In addition to the duties associated with caseload supervision, the
assigned Deputy Probation Officer will:
Supervise a caseload of 75 court-ordered probationers; and
Conduct crisis counseling in individual and group settings with
referred juveniles and parents.
3. EMPLOYMENT STATUS
The assigned Deputy Probation Officer is an employee of COUNTY and is
entitled to wages and employee benefits appropriate to what is provided
other County employees who are Deputy Probation Officers. It is additionally
understood that no term or condition of this Agreement can conflict with
State statute defining the status of the Deputy Probation Officer as a Peace
Officer.
4. PAYMENT
CITY shall reimburse COUNTY for 50% of the salary and employee benefits
for a Deputy Probation Officer II and support staff assigned by COUNTY to
perform services according to Paragraph 2, STATEMENT OF WORK above.
The billable amount is $42,612 plus any adjustments to salary, employee
benefits and/or overhead rates approved by the Board of Supervisors during
the fiscal year.
Within thirty (30) days following the receipt of an invoice from the Probation
Department's Business Management Office, CITY shall reimburse COUNTY
for the billed amount. These invoices shall be provided to CITY within
twenty (20) days following September 30, 1998, December 31 , 1998,
March 31 , 1999 and June 30, 1999.
5. INDEPENDENT CONTRACTOR
This Agreement is by and between COUNTY and CITY and is not intended,
and shall not be construed, to create the relationship of agent, servant,
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employee, partnership, joint venture, or association as between COUNTY and
CITY.
6. INDEMNIFICATION
CITY agrees to indemnify, defend and hold harmless COUNTY and its Special
Districts, elected and appointed officers, employees and agents (County)
from and against any and all liability and expenses, including defense costs
and legal fees arising from or connected with claims and lawsuits for
damages or workers' compensation benefits relating to CITY'S operations or
its services, which result from bodily injury, death, personal injury, or
property damage (including damage to CITY'S property). CITY shall not be
obligated to indemnify for liability and expense arising from the active
negligence of the COUNTY.
7. LIMITATION OF COUNTY'S OBLIGATION DUE TO NON-APPROPRIATION
COUNTY'S obligation for its 50% of salary and employee benefits costs is
payable only and solely from funds appropriated for the purpose of this
Agreement subject to COUNTY'S legislative appropriation for this purpose. In
the event the Board of Supervisors does not allocate sufficient funds then
the affected services shall be terminated. COUNTY shall notify CITY in
writing of such non-allocation at the earliest possible date.
8. BUDGET REDUCTIONS
In the event that County's Board of Supervisors adopts a Fiscal Year
1998/99 County Budget or a revised 1998/99 Budget which provides for
reductions and imposes similar reductions with respect to COUNTY
contracts, COUNTY reserves the right to reduce its obligation
correspondingly for Fiscal Year 1998/99 services. COUNTY'S notice to CITY
regarding said reduction in obligation shall be provided within thirty (30) days
of the Board's approval of such actions.
9. TERMINATION AND TERMINATION COSTS
In the event that CITY or COUNTY withdraws its participation in the project
described in this Agreement, such withdrawal shall be preceded by thirty
(30) days' written notice to the other party. Notwithstanding, CITY or
COUNTY may terminate this Agreement upon the termination, suspension,
discontinuation or substantial reduction in CITY or COUNTY funding for the
Agreement activity. In such event, COUNTY shall be compensated for all
services rendered and all necessary incurred costs performed in accordance
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with the terms of this Agreement which have not been previously reimbursed
up to the date of said termination. Payment shall be made only upon the
filing with CITY, by COUNTY, vouchers evidencing the time expended and
said costs incurred. Said vouchers must be filed with CITY within thirty (30)
days of said termination.
10. TERMINATION FOR IMPROPER CONSIDERATION
COUNTY may, by written notice to CITY, immediately terminate the right of
the CITY to proceed under this agreement if it is found that consideration, in
any form, was offered or given by the COUNTY, either directly or through an
intermediary, with the intent of securing the agreement or securing favorable
treatment with respect to the amendment or extension of the agreement or
making of any determinations with respect to the COUNTY'S performance
pursuant to the agreement. In the event of such termination, COUNTY shall
be entitled to pursue the same remedies against the CITY as it could pursue
in the event of default by the CITY.
CITY shall immediately report any attempt by a County officer or employee
to solicit such improper consideration. The report shall be made either to the
County manager charged with the supervision of the employee or to the
County Auditor-Controller's Employee Fraud Hotline at (213) 974-0914 or
(800) 544-6861 .
Among other items, such improper consideration may take the form of cash,
discounts, service, the provision of travel or entertainment, or tangible gifts.
11. TERM
This Agreement shall be for a period of twelve (12) months commencing on
July 1, 1998 and terminating on June 30, 1999.
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The PARTIES by their duly authorized signatures, have caused this Agreement to
become effective on the day, month and year first written above.
COUNTY OF LOS ANGELES
BY
Walter J. Kelly
Acting Chief Probation Officer
CITY OF ROSEMEAD
BY
Typed or Printed Name
Title
APPROVED AS TO FORM:
DE WITT W. CLINTON
County Counsel
By i=r. ..__ 5 i'iLQM
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Halvor S. Melom
Principal Deputy
County Counsel
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