CC - Item 4B - Request for License at 8772 Valley Blvd' i
ITEM NO.
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER GA- COC-+
DATE: SEPTEMBER 9, 2008
SUBJECT: REQUEST FOR AN ENTERTAINMENT & DANCE LICENSE FOR VIP
RESTAURANT LOCATED AT 8772 VALLEY BLVD.
SUMMARY
Angel Liu has submitted a request for an Entertainment and Dance license for the VIP
Restaurant located at 8772 Valley Blvd.(see Attachment A). This establishment is an
existing full service restaurant serving lunch, dinner and alcoholic beverages. The
owner wishes to provide dancing and entertainment for customers, occasional
weddings, and corporate events. The restaurant currently has a parquet wood dance
floor, along with a stage, speakers and audio equipment in the banquet room.
On October 3, 2005, the Planning Commission approved Conditional Use Permit (CUP)
05-1021 and associated Resolution 05-47, which approved the on-site sale of sell beer
& wine on the subject property (see Attachment B). However, on October 12, 2005, an
appeal was filed by Mayor Jay T. Imperial, and the CUP went before the City Council on
two occasions. The appeal was first scheduled to be heard at the November 22, 2005
City Council meeting, but was continued at the applicant's request (see Attachment C).
The item was subsequently heard at the December 27, 2005 City Council meeting,
where the appeal was denied and the CUP was approved by adoption of Resolution No.
2005-41 (see Attachments D & E).
On September 15, 2008, the Planning Commission will review a separate request by
the applicant to expand the hours of operation by two hours, which if granted, will permit
the business to remain open until 1 a.m. as opposed to the current closing time of 11
p.m.
To date, staff has not received any negative remarks or complaints regarding the
existing restaurant from the Alcoholic Beverage Control (ABC) or from the Los Angeles
County Sherriff's Department.
Staff Recommendation
Staff recommends that the City Council approve the Entertainment and Dancing
License request, subject to the previously approved conditions in CUP 05-1021.
APPROVED FOR CITY COUNCIL AGENDA: O
City Council Meeting • •
September 9, 2008
Pace 2 of 2
Prepared by:
Ll-
Matt Everling
City Planner
by:
City Manager
Attachment A: Project Narrative
Attachment B: October 3, 2005 Planning Commission Staff Report, Resolution 05-47, and Meeting Minutes
Attachment C: November 22, 2005 City Council Staff Report and Meeting Minutes
Attachment D: December 27, 2005 City Council Meeting Minutes
Attachment E: Resolution No..2005-41 and Conditions of Approval
Attachment F: Floor Plan
VIP LOUNGE & RESTAURANT
8772 E. VALLEY BLVD., ROSEMEAD, CA 91770
September 2, 2008
To: City of Rosemead
Re: Extended business hour and Entertainment License
Dear Rosemead City Counsel:
This letter is a proposal to extend the current business hour of VIP Lounge & Restaurant
located at 8772 E. Valley Blvd. Our current hours of operation are from 8am to I Ipm.
However due to increased local competition and the decline of business economy overall,
we would like to change our hours of operation to I I am to 1 am. This will greatly help
with customers who wish to visit us for a midnight snack. The entertainment license will
help with business overall and give patrons a place to not just eat, but listen to music and
watch sports in a environment suited for such purposes. Perhaps occasionally provide
live bands during weddings and or business parties.
Thank you for your attention.
Sincerely,
Angel Liu/Owner
ATTACHMENT A
E M
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staf
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u
ROSEMEAD PLANNING COMMISSION
PUBLIC HEARING STAFF REPORT _
TO: HONORABLE CHAIRMAN -
AND MEMBERS
ROSEMEAD PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
DATE: OCTOBER 3, 2005
SUBJECT: CONDITIONAL USE PERMIT 05-1021
8772 VALLEY BOULEVARD
APPLICATION FOR A NEW ON-SALE BEER AND NINE (TYPE 41)
ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING
ESTABLISHMENT
Project Description
Angel Liu, of Pho King Restaurant, has submitted a Conditional Use Permit application for a
new On-Sale Beer and Wine (Type 41) ABC license for a bona fide public eating establishment,
located in the C3-D; Medium Commercial in a Design Overlay Zone.
Public Notice
-
On September 22, 2005, thirty-two (32) written notices were mailed to property owners within 300
feet of the subject site. On September 22, 2005 eight (8) notices were posted in designated public
places.
Environmental Analysis
Section 15309 of the California Environmental Quality Act (CEQA) and local environmental -
guidelines exempt projects that consist of inspections to check for the performance of an operation,
or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 05-1021 is
classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA.
Municipal Code Requirements
Section 17.112.030.9 of the Rosemead Municipal Code (RMC) allows on-sale alcohol licenses in the
C-1, C-3, CBD and M zones upon the granting of a conditional use permit (CUP). Section
17.112.010 sets the following criteria that must be met: -
• That the conditional use permit applied for is authorized by the provisions of this title;
and
• That the granting of such conditional use permit will not adversely affect the established
character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located; and
• That the establishment, maintenance or conduct of the use for which the conditional use -
permit is sought will not, under the particular case, be detrimental to the health, safety, _
morals, comfort, convenience or welfare of persons residing or working in the
neighborhood; and
That the granting of such conditional use permit will not adversely affect the General -
Plan of the city.
A. In addition to the general findings required for the issuance of a conditional use permit, the
Planning Commission, or on appeal the City Council, shall find that each of the following facts -
or conditions exist, prior to the issuance of a new conditional use permit authorizing the sale of
alcoholic beverages:
ROSEMEAD PLANNING DEPARTMEf[ 'TACHMENT B
•
•
• The proposed use complies with all requirements as set forth for the issuance of a
conditional use permit;
• The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with
children on their way to school, interference with shoppers using streets, defacement and
damage to structures;
• The proposed use will not lessen the suitability of any nearby commercially zoned
properties for commercial use;
• The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establishments dispensing alcoholic beverages
including beer and wine. Consideration shall be given regarding whether the proposed
use will detrimentally affect nearby residentially zoned communities, considering
distance to residential buildings, churches, schools, hospitals, public playgrounds, and
other establishments dispensing alcoholic beverages.
B. The burden of proving that the proposed use will not adversely affect the welfare of nearby
residents, result in undue concentration of alcoholic beverage outlets, or detrimentally affect
nearby residentially zoned communities shall be the applicant's.
C. This section shall not be applicable to applications necessitated by a change in ownership. .
This section shall not be applicable to the review process for extensions of existing conditional
use permits. (Prior code § 9184.2)
Property History & Description
The subject site is a two-tenant complex located on Valley Boulevard,just west of Muscatel Avenue.
The total size of the lot is approximately 9,700 square feet. The lot is developed with a 5,500 square
foot restaurant on the first story, and an approximate 630 square foot investment service office on the
second story.
On November 2, 1992, the Rosemead Planning Commission granted the transfer of an existing On
Sale General Alcohol license (Type 47) to the Da Du Corporation/Rose Room Restaurant. In Much
of 1993, the Rosemead City Council granted Dance and Entertainment licenses to the establishment.
During the period of this restaurant's operation from January 1999 to December 2001, the Sheriffs'
Department received numerous calls relating to serious and violent incidents occurring at this site.
These incidents included various gang related activities, ranging from gang fights to multiple
homicides on the property. In December of 2001, the Rose Room was issued a Notice of Accusation
regarding the revocation of the Dance Permit and Business License, due to the many violations that
occurred at this site. The Rose Room entered into two Last Chance Agreements with the City to keep
the restaurant open. Due to the strict conditions that were set forth in the Final Last Chance
Agreement, the Owner of the Rose Room decided to close the establishment.
Since the cease of the Rose Room operation, no new ABC licenses have been processed for this
subject site.
Site Analysis
The site is designated in the General Plan as Commercial and Medium Commercial with a Design
Overlay on the zoning map. The site is surrounded by the following land uses:
North:
General Plan:
Commercial
Zoning:
C-3D; Medium Commercial with Design Overlay
Land Use:
Vacant land under development
South:
General Plan:
Commercial
Zoning:
C-3D; Medium Commercial with Design Overlay
Land Use:
Chamber of Commerce
East:
General Plan:
Commercial
Zoning:
C-3D; Medium Commercial with Design Overlay
Land Use:
Professional Commercial Office Building
West:
General Plan: Commercial
Zoning: C-313; Medium Commercial with Design Overlay
Land Use: Restaurant
Administrative Analysis
Conditional Use Permit 05-1021 consists of an application for a new On-Sale Beer and Wine (Type
41) ABC license for a bona fide public eating establishment.
The State Department of Alcoholic Beverage Control (ABC) has indicated that the subject census
tract (No. 4813.00), where this property is located, does not have an over concentration of On-Sale
Beer and Wine licenses. ABC defines "over-concentration" as greater than one license per 1,185
residents living within the same census tract. The population of the census tract in which the subject
property is located is 2,963. The number of allowable On-Sale Beer and Wine licenses for this
census tract is three (3), currently there are zero (0) authorized on-sale licenses within the census
tract.
ABC does find this subject site to be within a high crime reporting district. This classification by
ABC is determined by the total number of offenses per reporting district. The City of Rosemead is
divided into seven (7) reporting districts. The district of this property, reports a higher number of
offenses than the average number of offenses per district. However, ABC's report does not provide
information on types of offenses.
• •
Due to the history of extremely serious violent crimes occurring at this location, staff requested a
comprehensive incident report from the Sheriffs Department from January 1, 2004 through
September 2005. This report indicates that only two incidents were reported at this site, for this
period. On March 18, 2005, a lost property report was recorded, and on May 29, 2005 a burglary
report was recorded.
Floor Plan
The submitted plans indicate that the restaurant has a floor plan consisting of a reception area, a
dining room, a banquet room, two (2) service counters, a kitchen (with a walk-in cooler), a storage
room, two (2) offices and a dressing room. Upon a site inspection, staff found issues of concern that
need to be addressed. The restaurant owner has installed a California Lotto machine in the reception
area. Staff will require that this Lotto machine be removed, so that the establishment is consistent
with a "family restaurant" environment. In the banquet area of the restaurant, staff found a parquet
dance floor measuring at least 18'- 0" X 21'- 0". Directly behind the dance floor, was a sophisticated
audio-visual entertainment system. The banquet room was equipped with large speakers in at least
two comers of the room. This dance floor set-up and audio-visual system is utilized for Karaoke
entertainment. According to City records, the applicant has not applied for, nor been granted, any
type of entertainment or dance business license. Staff will require that the applicant remove the entire
entertainment system, including the speakers, and dance floor from the restaurant. The service
counter located in the banquet room, is designed to operate a full-service but. Since the applicant will
only be serving beer and wine, staff has also added a condition that the bar be removed. This bar
space will need to be added to the kitchen area, so that a larger refrigeration system can be installed
for the storage of food and beverage items. Staff found that the two offices in the establishment are
currently being used as storage rooms. The applicant stated that he will be using these rooms as
storage space, instead of office space. The floor plans will have to be redrawn with proper room _
labels as well as remodeling to remove the service bar at the rear of the business.
Building Exterior
Upon site inspection of this establishment, staff did notice a few improvements to the exterior of the
building. Although the building appeared to have been recently painted, the applicant is in violation
of the use of window signage. A condition has been added that the applicant reduce window signage,
so that the signage does not exceed 15% of the window area. Staff will require that all California
Lotto signs and miscellaneous posters be removed from the exterior of the building. The applicant
will also be required to remove the California Lotto antenna, currently located on the roof. A
condition has been added that the applicant submit an elevation plan, indicating a proposed window
treatment for the front window to screen the storage items in the storage room from public view.
This plan must be approved by the planning Department. Graffiti was also found on the front face of
the building. Staff will require the applicant to maintain this establishment graffiti free on a daily
basis.
Operations
The hours of operation will be from 8 AM to I 1 PM, daily, with seven (7) employees. The eating
area will accommodate approximately sixty (60) customers.
Parking & Circulation - -
The subject site is part of a two-tenant complex, and shares a parking lot with an adjacent office -
building. The parking area is located between these two buildings and to the rear. Access to the site
is available from both Valley Boulevard and Muscatel Avenue. Rosemead City Code (RMC)
requires that restaurants have one (1) parking space for every one hundred (100) square feet of gross
floor area. Accordingly, the total number of parking spaces required for this establishment is fifty-
five (55). The site currently has a total thirty-nine (39) spaces on site, twenty-three (23) standard
spaces, fourteen (14) compact spaces and two (2) handicapped spaces. This site continues tube legal
non-conforming due to the deficiency in adequate parking spaces.
Conclusion
Staff feels the addition of an On-Sale Beer and Wine (Type 41) ABC license in conjunction with a
bona fide public eating establishment would be consistent with the surrounding commercial
properties and land uses in the general area. Staff is not confident that this license would not
adversely affect the health, safety and welfare ofthe general public, due to past occurrences that took
place years ago on this site. To prevent any foreseeable negative impacts to the adjacent
•
neighborhood, staff has added numerous conditions, including but not limited to, the removal of the
entertainment system, dance floor, and bar from the banquet area of the building, the location of
patron and employee entrances and exits, interior lighting levels, graffiti removal, and parking lot
and landscaping upkeep, as well as high quality surveillance equipment.
RECOMMENDATION
Staff recommends that the Planning Commission APPROVE Conditional Use Permit 05-1021 for
six (6) months, subject to the conditions outlined in exhibit "A".
ATTACHMENTS:
A. Conditions of Approval
B. Letter from applicant, dated September 29, 2005
C. Floor Plan/ Site Plan
D. Assessor Parcel Map (APN: 5390-010-038)
E. Zoning Map
F. General Plan Map
G. Application, filed August 11, 2005
EXHIBIT "A"
• •
EXHIBIT "A"
CONDITIONAL USE PERMIT 05-1021
8772 Valley Boulevard
(Phu King Restaurant)
CONDITIONS OF APPROVAL
October 3 2005
1. Approval of Conditional Use Permit 05-1021 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and
accepts all of the conditions set forth in the letter of approval and this list of conditions
within ten (10) days of approval.
2. Conditional Use Permit 05-1021 is approved for six (6) months from the date of these
conditions. At least thirty (30) days prior to the end of this six (6) month period, the
applicant shall file a written extension request to the City of Rosemead Planning Department.
3. Conditional Use Permit 05-1021 is for an On-Sale Beer and Wine (Type 41) alcohol license.
All requirements and appropriate licenses of the State of California and California State
Department of Alcohol Beverage Control shall be complied with and maintained at all times.
No alcohol is to be sold for off-sale consumption.
4. The following conditions must be complied with to the satisfaction of the Director of
Planning prior to final approval of the associated plans, building permits, occupancy permits,
or any other appropriate request.
5. The hours of operation shall be posted on the front window or door. Hours of operation shall
be limited to the hours of 8 AM to 11 PM.
6. The property shall comply with all appropriate Federal, State, and local laws relative to the
approved use including the requirements of the Planning, Building, Fire, and Health
Departments regulations.
7. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition. Any trash area with grease containers
shall have a roof structure in accordance with NPDES standards, subject to review of the
Building Department.
8. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within
twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307-0463 for
assistance.
9. The site shall be maintained in a clean, weed and litter free state in accordance with Sections
8.32.010, .020, .030 and .040 of the Rosemead Municipal Code, which pertains to the . .
storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All .
trash containers shall be stored in the appropriate trash enclosure at all times.
10. The parking area, including handicapped spaces, shall be paved and re-painted periodically to _
City standards to the satisfaction of the Planning Department. In accordance with Chapter
17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such
striping shall be maintained in a clear, visible, and orderly manner. -
11. The numbers of the address signs shall be at least six (6) inches tall with a minimum
character width of 1/4 inch contrasting in color and easily visible at driver's street level. The
location, color, and size of such signs shall be subject to the Planning Director's approval.
12. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free
of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet.
13. A current letter grade issued to the business by the LA County Dept. of Health Services shall
be properly posted at the restaurant.
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14. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign
prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots
and public sidewalks. Such signs are subject to the planning director's approval.
15. Window signage area shall be limited to a maximum of 15% of the window and door area.
The applicant shall remove all that signage which exceeds the 15% coverage area.
16. Signs shall comply with Chapter 17.104 of the. Rosemead Municipal Code. Specifically,
signs shall not cover more than 15% of window area or 25% of wall areas. All signs must
comply with Section 17.104.080 regarding identification of the business in English. All
illegal signs without permits shall be removed. New signs require that plans be submitted to
the Planning Department for review.
17. All patron and employee entrances and exits must be through the front door on Valley
Boulevard. The back door must be kept closed to the public at all times. The back door
shall he limited to the delivery of supplies for the restaurant.
18. Interior lighting must be maintained at a level approved by the City and Sheriff's
Department.
19. Plywood above rear service entrance at top of wall shall be stuccoed to match building.
20. The applicant shall remove the California Lotto machine from the establishment. The
roof antenna shall also be removed from the exterior of the building.
21. The applicant shall remove all audio-visual entertainment system equipment from the
restaurant. No karaoke type machine shall be permitted in the establishment.
22. The restaurant shall not be permitted to allow any type of Entertainment or Dance
Business License, until such time it is granted by the City Council after applicable
hearings are held.
23. The service counter/bar located in the banquet room shall be removed. This floor space
shall be added to the kitchen area, so that a larger refrigeration system can be installed
for the storage of food and beverage items.
24. The applicant shall remove all California Lotto signs and miscellaneous posters from
the exterior of the building.
25. The office space designated on the site plan, labeled Exhibit B, shall be re-designated as
storage space.
26. The applicant shall submit an elevation plan, indicating a proposed window treatment
for the front window to screen the storage items in the storage room from public view.
This plan shall be approved by the Planning Department.
X27.- The existing wood dance floor shall be completely removed and replaced with carpet to
match the remainder of the banquet room.
28. A security system shall be designed to the satisfaction of the Sheriff's Department,
which shall include surveillance of arrivals, departures, and parking areas from the
office and security hardware, cameras, alarms, and lighting.
29. The subject property is approved for restaurant use and beer and wine are served only to
accompany meals. The sale of alcohol shall be limited to the hours of operation for the
restaurant.
30. Any changes to the conditions of operation listed in this Exhibit "A" must first be approved
by the Planning Commission through a modification application.
31. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
• o
: PC RESOLUTION 05-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 05-1021, FOR A NEW ON-
SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR PHO IQNG
RESTAURANT, A BONA FINDS PUBLIC EATING ESTABLISHMENT,
LOCATED AT 8772 E. VALLEY BOULEVARD IN THE CBD (CENTRAL
BUSINESS DISTRICT) ZONE. (APN: 5390-010-033).
WHEREAS, on August 11, 2005, Angel Liu of Pilo King Restaurant, 8772 E. Valley
Boulevard, Rosemead, CA 91770, filed a conditional use permit application for a new On-Sale
Beet and Wine (Type41) Public Eating Establisluuenl ABC license in conjunction with an existing
restaurant, located at 8772 E. Valley Boulevard; and
WHEREAS, 8772 E. Valley Bouelvard is located in the CBD (Central Business District)
Zoning; and
WHEREAS, Section 17.112.030.9 of the Rosemead Municipal Code (RMC) permits on-
sale of alcoholic beverages in the C-1, C-3, CBD, and il4 zones upon the granting of a Conditional
Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These
criteria require that the proposed use deemed:
The establisluneut, maintenance, and operation of the proposed use so applied for
will not, under the circumstances of the particular case, be detrimental to the health,
safety, peace, morals, comfort or general welfare of persons residing or working the
neighborhood thereof, not be detrimental or injurious to lire property and
improvements in the neighborhood, or to the general welfare of the City.
In addition to the general findings required for the issuance of a conditional use permit, the
Planing Commission, or on appeal the City Council, shall find that each of the following
facts or conditions exist, prior to the issuance of a new conditional use permit authorizing the
sale of alcoholic beverages:
• Tire proposed use complies with all requirements as set forth for the issuance of a
conditional use permit;
• The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with
children on their way to school, interference with shoppers using streets, defacement and
damage to structures;
• The proposed use will not lessen the suitability of any nearby conttnercially zoned
properties for commercial use;
• The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establislunents dispensing alcoholic beverages
including beer and wine. Consideration shall be given regarding whether the proposed
use will detrimentally affect nearby residentially zoned communities, considering
distance to residential buildings, churches, schools, hospitals, public playgrounds, and
other establislunents dispensing alcoholic beverages.
The burden of proving that the proposed use will not adversely affect the welfare of nearby
residents, result in undue concentration of alcoholic beverage outlets, or detrimentally affect
nearby residentially zoned communities shall be the applicant's.
This section shall not be applicable to applications necessitated by a change in ownership.
This section shall not be applicable to the review process for extensions of existing
conditional use permits. (Prior code § 9134.2)
WIIEREAS, Sections 65300 & 65900 of the California Govermnent Code and Section
17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve,
conditionally approve or deny conditional use petniits; and
_ WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; and
WHEREAS, on September 22, 2005, 32 notices were sent to property owners within a 300-
, - foot radius from the subject property, in addition to notices posted in 10 public locations, specifying
- the availability of the application, plus the dale, time and location of the public hearing for
Conditional Use Permit 05-1021; and
WHEREAS, on October 3, 2005, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05-
1021;and
WHEREAS. the Rosemead planning Commission has sufficiently considered all testimony
presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use
Permit 05-1021 is Categorically Exempt under Section 15309 of die California Enviromuental
Quality Act (CEQA) and local enviromueutal guidelines covering projects consisting of inspections
to check for the performance of an operation, or for quality, health, or safety of a project.
Accordingly, Conditional Use Permit 05-1021 is classified as a Class 9 Categorical Exemption
pursuant to Section 15309 of CEQA.
SECTION 2. The Planting Conurrission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 05-1021 according to the Criteria of Chapter
- 17.112.010 and 17.112.100 of the Rosemead Municipal Code as follows:
A. The establislu rent, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case, be detrimental to tie health, safety, peace, morals,
comfort or general welfare of persons residing or working the neighborhood thereof;
FINDING: This site will be operated in accordance with applicable City regulations, and is
in conformity with the development in and around the project site. Regular inspections by the
Planting Department, Stale ABC and the Sheriff's Department will ensure that the location is
tuonitored for compliance with conditions.
B. The establishment. maintenance, and operation of the proposed use so applied for will
not, umdet' the circumstances of the particular case be detrimental or injurious to the property and
improvements in the neighborhood.
FINDING: The proposed use is located within an established central business district/
commercial district of the City, and is designated Conunencial in the General Plan. The proposed use
is in conformity with the General Plan, in that the policies of the General Platt encourage
conhplementary uses that will contribute to the economic well being of the commercial areas of the
City. Conditions have been added to the approval to protect the adjacent residential neighborhoods.
- - - C. The establishment, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case be detrimental or injurious to the general welfare
of the City.
- FINDING: Tire proposed use will not endanger or otherwise constitute a menace to the
surrounding properties as conditions of approval have been incorporated upon the issuance of this
permit. The Department of Alcoholic Beverage Control has found that there is not an "over-
concentration" of On-Sale Beer and Wine Type 41 Public Eating licenses within the census tract,
• 0
however, this tract is within a high crime district per ABC standards. A4ain(enanee and operational
conditions have been added to address aesthetic and potential negative impacts to the adjacent
residential neighborhoods.
Additional Required Findings of Fact:
1) The proposed use complies with all requirements as set forth for the issuance of a
conditional use permit:
FINDING: The above stated findings meet the requirements set forth in the issuance of a
cup.
2) The proposed use will not presentproblems including, but not limited to, loitering,
obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with
children on their way to school, interference with shoppers using streets, defacement and
damage to slnictures;
FINDING: The proposed use is compatible with the existing land use of a sit clown restaurant
environment and the properly is situated in an area that does not hinder vehicular traffic and
pedestrian circulation. The Sheriffs department will make periodic inspections of the property
and conduct annual reviews to ensure that crime activity does not become a problem. A security
system will be put in place to ensure that all portions of the properly are monitored and recorded
for storage and review by law enforcement personnel.
3) The proposed use will not lessen the suitability of any nearby commercially zoned
properties for commercial use;
FINDING: The proposed use will not endanger or otherwise constitute a menace to the
surrounding properties as conditions of approval have been incorporated upon the issuance of
this permit. The Department of Alcoholic Beverage Control has found that there is not all "over-
concentration" of On-Sale Beer and Wine
_ 4) The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establisluuents dispensing alcoholic beverages
including beer and wine. Consideration shall be given regarding whether the proposed use
will detrimentally affect nearby residentially zoned communities, considering distance to
residential buildings, churches, schools, hospitals, public playgrounds, and other
establislunents dispensing alcoholic beverages.
FINDING: The proposed use will not endanger or otherwise constitute a menace to the
surrounding properties as conditions of approval have been incorporated upon the issuance of
this permit The Department of Alcoholic Beverage Court of has found that there is not an "over-
concentration" of On-Sale Beer and Wine. Tine location is in close proximity to a public
playground adjacent to the Rosemead Community and Recreaton Center. However, the location
is also near the City Civic Center and City staff along with Sheriffpersonel frequent this area and
are in close proximity to view any problematic situations that may occur.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Penult
05-1021, to allow the issuance of a new Oil-Sale Beer and Wine (Type 41) ABC license in
conjunction with an existing restaurant, oil the properly located at 8772 Valley Boulevard, subiject to
conditions listed in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning Conunissiou on
October 3, 2005, by the following vole:
YES: BREEN, HERRERA, KELTY, LOI, LOPEZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit
copies of same to the applicant and the to Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 17th day o~jober, 200
v
Due Loi, Chairman
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Couuuission
of the City of Rosemead at its regular meeting, held on the 17°i day of October 2005, by the
following vote:
YES: BREEN, HERRERA, KELTY, LOI, LOPEZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Biad,3 Imson, Secretary
• •
CITY OF ROSEMEAD
PLANNING COMMISSION REGULAR MEETING
MINUTES
October 3, 2005
CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission vvas called to order
by Chairman Loi at 7:00 p.m. in the council chambers of the Rosemead City Hall at 8838 Cast Valley
Boulevard, Rosemead.
Commissioner Loi led the Pledge of Allegiance.
Commissioner Lopez delivered the invocation.
ROLL CALL:
PRESENT: Chairman Loi, Commissioners Breen, Herrera, Kelty and Lopez
ABSENT: - None
EX OFFICIO: Bermejo, Johnson and Tone
1. APPROVAL OF MINUTES: Minutes of September 19, 2005
MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSONER LOPEZ, that the
minutes of the City of Rosemead Regular Planning Commission Tvleeting of August 19, 2005, be
APPROVED as submitted.
Vole results:
YES: BREEN, HERRERA, KELTY, LOI and LOPEZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Chairman Loi declared said motion duly carried and so ordered.
2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS:
Planting Director Jolurson explained the public heariag process and the right to appeal Planning
Commission decisions to the City Council.
3. PUBLIC IIEARING:
A. CONDITIONAL USE PERb11T 05-1021 - 8772 Valley Boulevard (Pho King Restaurant)
Angel Liu , of Pho Ding Restaurant, has submitted a conditional use permit application for a new
On-Sale Beer and Wine (Type dl) ABC. license for a bona fide public eating establishment, located
in the C3-D (Medium Commercial in a Design Overlay) Zone.
• •
Presentation: Assistant Planner Sherri Bermejo
Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for six
(6) months.
Chairman Loi called for questions from the Conuuissioners.
Chairman Loi questioned the adequacy of parking for the restaurant. Planning Assistant
Bermejo reviewed parking plan.
Applicant(s): In the audience.
Chairman Loi opened the public hearing to those IN FAVOR of this application.
Raul Pardo, 3772 Valley Boulevard, represented the applicant. I\'Ir. Pardo asked if the
Commissioners had received the letter the applicant had prepared for them. Planning Assistant
Bermejo noted that the letter is Attachment B to the Staff Report.
Mr. Pardo said that the applicant is a new owner of the business and that the past history of the
property should not reflect negatively on the new owner. He further stated that they are only
applying for a liquor license and do not feel that all the conditions of approval are appropriate
under the circunslances. The applicant does not want to remove the karaoke machine which
they are using as a public address system. The applicant also wishes to retain the parquet dance
floor because they may wish to apply for an enlertaimuenl license eventually. Also, IvIr. Pardo
said the applicant does not ravish to move the service counter into the kitchen as this would be
very expensive and the counter is currently used by clients when seminars are conducted in the
dining room. He further stated that he could not understand the requirement to remove the lotto
machine.
Planning Director Johnson said that during his inspection of the property lie noted that the
karaoke urachine is set up for use as a karaoke machine and not a public address system. He
recommended that the conditions of approval remain unchanged because the physical layout of
the building lends itself to the same type of problems that occurred in the past.
Banish Palin, a business associate of the applicant, stated that the applicant is willing to remove
(lie karaoke machine and replace it with a computer. He said the applicant is still reluctant to
remove the stage and parquet dance floor because they may want to apply for an entertaimnent
license eventually. '
Conuuissioner Kelly said that if Ivis. Lui, the. owner, world assure the Commissioners that the
service counter would be used only for wine and beer, the parquet floor would not be used for
dancing and the stage used only for seminar speaker's lie would be willing to consider deleting
Conditions 23 and 27 and add a new condition requiring die modification of the karaoke system
to a presentation room.
Planning Director Johnson said that staff recommends that the conditions remained unchanged to
reduce the possibility of reoccurrence of the very serious problems experienced in the past.
• •
Public hearing was opened to those who wished to OPPOSE the application:
None.
There being no one further wishing to address the Commission; Chairman Loi closed the public
hearing segment for this project.
N40TION BY COMMISSIONER KELTV, SECONDED BY COMMISSIONER BREEN to
APPROVE Conditional Use Permit 05-1021, subject to conditions listed in "Exhibit A" except
Conditions 23 and 27.
Vote results:
YES: BREEN. HERREIZA. KELTY, LOI AND LOPEZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Chairman Loi declared said motion duly carried and so ordered.
B. TENTATIVE TRACT NIAP 061523/CONDITIONAL USE PER1\4IT 04-963 - 9129 Valley
Boulevard.
Chin-Yuen Chen has submitted an application for a Tentative Tract Map to subdivide three (3)
existing parcels for the development of a mixed-use residential and commercial project consisting of
two (2) buildings. Building "A" consists of 9,103 square feet of office and restaurant uses and
Building "B" consists of sixteen (16) condominium units totaling 22,426 square feet above 1L098
square feet of office.
Staff Reconnrendation: CONTINUE to October 17, 2005.
C. TENTATIVE TRACT MAP 063143/ZONE CHANGE 05-219/ZONE VARIANCE 05-332
(DEVELOPNIENT CONCEPT PLAN) - 4433 Walnut Grove Avenue.
Ivan K. Ho has submitted an application for a Tentative Tract Map subdivision for eight (3) detached
condominium units with a common driveway. The applicant is also requesting a Zone Change from
R-1 (Single Family Residence) to R-3 (Medium Multi-Family Residence) zone and a Zone. Variance
to deviate from the minimum required side yard setback.
Presentation: Planning Director Johnson presented the staff report
Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for two (2)
years.
Chairman Loi asked for questions from the Conunissioners.
None
Applicant(s): In the audience.
Chairman Loi opened the public hearing to those IN FAVOR of this application.
• •
Simon Lee, the architect for [lie project, represented the applicant. A4r. Lee briefly described the
project and offered to answer any questions for the Commissioners.
Public hearing was opened to those who Nvished to OPPOSE the application:
Ms. Dana Cevalis, 4102 Bartlett Avenue, asked if the units had yards. Commissioner Kelty
showed then where the plans showed yards for each unit.
There being no one further wishing to address the Commission; Chairman Loi closed the public
hearing segment for this project.
MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER LOPEZ, to
APPROVE Tentative Tract Map 063143/Zone Change 05-219/Zone Variance 05-332, sOject to
conditions listed in "Exhibit A".
Vote results:
YES: BREEN. HERRERA, KELTY, LOPEZ AND LOI
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Chairman Loi declared said motion duly carried and so ordered.
4. CONSENT CALENDAR-These items are considered to be. rartine actions that may be considered in
one motion by the Planning Commission. Any interested party may request an item from the consent
calendar to be discussed separately.
A. RESOLUTION 05-42 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 05-1020, FOR AN ON-SALE BEER AND
WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH AN EATING
ESTABLISHMENT, LOCATED AT 9544 VALLEY BOULEVARD, IN THE C-31)
(MEDIUM COMMERCIAL WITH A DESIGN OVERLAP) ZONE. (APN: 5593-002-033).
B. RESOLUTION 05-43 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-220. TO CHANGE THE CURRENT R-2 (LIGHT
MULTI-FAMILY RESIDENTIAL) ZONE TO THE PD (PLANNED DEVELOPMENT)
ZONE: AND PLANNED DEVELOPMENT REVIEW 05-01 (CONCEPTUAL), FOR THE
DEVELOPMENT OF A SIX (6) UNIT CONDOMINIUM TRACT MAP SUBDIVISION
WITH A COMMON DRIVEWAY, LOCATED AT 5440-5444 DOROTHY STREET.
(APN: 5255-003-040, -041, -042).
C. RESOLUTION 05-44 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
APPROVING DESIGN REVIEW 05-130, FOR THE CONSTRUCTION OF A NEW
LANDSCAPED PARKING LOT, LOCATED AT 5951-5959 VALLEY BOULEVARD IN
• •
THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE.
(APN's: 5391-012-036, -037, -033).
D. RESOLUTION 05-45 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-1019 AND ZONE VARIANCE 05-335
FOR THE ADDITION OF A SECOND STORY 553 SQUARE FOOT SECONDARY UNIT
AND THE REDUCTION OF THE REQUIRED SIDE YARD AND REAR YARD
SETBACK, LOCATED AT 3879 NORTH DELTA AVENUE IN THE R-1 (SINGLE
FAMILY RESIDENTIAL) ZONE (APN 5371-005-023).
Chairman Loi presented the resolutions by title only.
MOTION BY COMMISSIONER LOPEZ. SECONDED BY COMMISSIONER BREEN. to waive
further,reading and adopt said resolutions.
Vole results:
YES: BREEN, I-IERRERA. KELTY, LOPEZ and LOI
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Chairman Loi declared said motion duly carried and so ordered.
5. MAL COADIUNICATION FROM TRIG AUDIENCE
Ms. Dolly Leong, 3455 Mission Drive, said that Planned Development Review 94-7 (Modification) was
approved bn July 6, 2004, subject to conditions, according to the minutes of that meeting. She stated
that Condition Number 9 says that violation of the conditions will result in a citation and the initiation
of revocation proceedings. Ms. Leong claiuns that to date the conditions have not been met by the
property owner and she asked for the status of this case.
Planning Director Johnson advised that this is an ongoing Code Enforcement case that has been referred
to the City Attorney.
Ms. Barbara De.lmy, 4030 Bartlett Avenue, asked for the status of the Valley Hotel case. She described
several incidents of illegal activity and the overall poor condition of the property. Ms. Delory said llre
neighbors are most concerned about the type of clientele the hotel attracts. She also displayed pictures
of the trash enclosures and mentioned that the street sweeper cannot gain access to clean the street at the
Valley Hotel because of low hanging branches.
Plaiuning Director Johnson said that city staff has met with the owners of the. hotel and their attorney and
set conditions for compliance. The hotel owner has begun clean up and remodeling. They are also
required to develop a new landscaping plan. He further noted that the city will continue to follow up oil
tine situation.
•
~J
Dols. Dana Cevalis, 4102 Bartlett Avenue, said she also lives behind the Valley Hotel and she described
several incidents of illegal activity and said that she has been threatened for't'eporting these incidents to
the Sheriffs Department.
Planning Director Jolmson said that the city will continue to work with the property owner and their
legal representative until the situation is satisfactorily resolved or until the business is closed.
6. l1IATTERS FROM CITY OFFICIALS AND STAFF
Platming Director Johnson announced that Nancy Valderrama, City Clerk, will retire at the end of this
month. He also said that the City Council will set a date for the special recall election at their October
11 meeting.
Platming Director Johnson said that the notice for the re-hearing on the Wal-Mart Environmental Impact
Report scheduled for December 13 have been mailed and posted. He further explained that the purpose
of the re-heating was to review alternate city sites appropriate for Wal-Mart.
ADJOURNAIENT:
There being no other business to come before the conuiussion, the mcetirg was adjourned at 8:50 p.m.
BWJ/oT
st e or
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: k'I CROWS, CITY MANAGER
DATE: NOVEA4BER j7,2005
RE: CONDITIONAL USE PERTMT 05-1021; APPEAL
PHO KING RESTAURANT- 8772 VALLEY BOULEVARD
BACKGROUND
Mayor Jay T. Imperial has filed an appeal of Conditional Use Permit 05-1021 that was approved by
the Planning Conunission at the October 3, 2005, Plarming Conunission meeting. At the October 3,
2005, meeting the Planing Conunission unanimously approved the application for a new On-Sale
Beer and Rune (Type 41) ABC license for a bona fide public eating establishment at the Pho Bing
Restaurant, 8772 Valley Boulevard. Upon approving- this restaurant's application, the Planning
Conn mission also added one condition of approval and eliminated two conditions recommended by
the Planning Department that were designed to prevent foreseeable negative impacts to the adjacent
neighborhood.
The eliminated conditions of approval were the following:
• The service counterlbar located in the banquet room shall be removed. This floor space
shall be added to the kitchen area, so that a larger refrigeration SyStenn con be installed for
the storage of food and beverage iierns.
The existing wood floor shall be completely removed and replaced with carpet to match the
remainder of the banquet room.
The following is the condition of approval that was added:
• The building floor plats shall clearly label the area where the existing Karaoke system is
located, as a prescntati.ota space.
c
^I(°fti ~ Cyr n
I`t v w~ h9tE
[[ti
DISCUSSION
The addition of an On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide
public eating establishment would be consistent with the surrounding commercial properties and
land uses in the general area. However, based on the past history of this property, staff is, not
confident that this license would not adversely affect the general welfare of the community.
Staff completed an additional site inspection on November 15, 2005; to verify if progress has been
made toward completing the conditions of approval, passed by the Planning Commission on October
3, 2005. As of the site inspection date, the applicant had not removed the California Lotto machine
and roof antenna from the establishment, and miscellaneous posters, that were to be removed, were
still on the exterior of the building. The Planning Department also had not yet received the revised
floor plan addressing the presentation space in the banquet room, or the requested elevation plan,
indicating a proposed window treatment for the front window to screen storage items from public
view. Pictures were taken during the site inspection on November 15, 2005, which have been
attached to this report.
On this appeal the City Council hears the matter de novo to decide all matters pertaining to required
findings 17.112.100) related to the issuance of a new conditional use permit authorizing the sale of
alcoholic beverages at this location.
RECOMMENDATION
It is recommended that the City Council grant the appeal of the Planning Commission decision
on October 3, 2005, and that it APPROVE Conditional Use Permit 05-1021 with the original
Conditions of Approval recommended by the Planning Department, for the issuance of an On-
Sale Beer and Wine (Type 41) license in conjunction with a bona fide public eating
establishment for Pho King Restaurant, 8772 Valley Boulevard.
Exhibits:
A. Appeal Letter, dated October 12, 2005
B. Planning Commission Minutes, dated October 3, 2005
C. Planning Commission Staff Report, dated October 3, 2005
D. Planning Commission Resolution 05-47
E. Floor Plan/Site Plan
F. Pictures taken upon Site Inspection, dated November 15, 2005
C
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
NOVEMBER 22, 2005
The regular meeting of the Rosemead City Council was called to order at 8:05 p.m. in the Council Chambers
of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Councilmember Clark
The Invocation was delivered by Bante Chao Chu of the Rosemead Buddhist Monastery
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor and
Mayor Imperial
Absent: None
APPROVAL OF MINUTES: November 23, 2004 - Regular Meeting
January 25, 2005 - Regular Meeting
February 8, 2005 - Regular Meeting
April 26, 2005 - Regular Meeting
MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM TAYLOR that the
Minutes of the Regular Meeting of November 23, 2004 and the Regular Meeting of January 25, 2005, are
approved as submitted. Vote resulted:
Yes:
Clark, Imperial, Taylor
No:
None
Absent:
None
Abstain:
Nunez, Tran
The Mayor declared said motion duly carried and so ordered.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK that the
Minutes of the Regular Meeting of February 8, 2005, be approved as submitted. Vote resulted:
Yes:
Clark; Imperial, Taylor
No:
None
Absent:
None
Abstain:
Nunez, Tran
The Mayor declared said motion duly carried and so ordered.
CC Min. 11/22/05
Page 1 of 35
•
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK that the
Minutes of the Regular Meeting of April 26, 2005, be approved as submitted. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS:
A SHERIFF'S DEPARTMENT CERTIFICATE WAS PRESENTED TO ROSEMEAD
RESIDENT JESSE &BELTRAN FOR HIS ASSISTANCE TO DEPUTIES IN
APPREHENDING TWO BURGLARY SUSPECTS
A PRESENTATION WAS MADE TO CITY ATTORNEY BOB KRESS FOR HIS
RETIREMENT FROM THE CITY OF ROSEMEAD
I. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez requested that the City Council consider passing an ordinance or resolution making
English as the City's required language.
H. PUBLIC HEARINGS
A. ZONE CHANGE 05-219 - 4433 WALNUT GROVE AVENUE
Al. ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING FROM R-
1; SINGLE-FAMILY RESIDENTIAL ZONE TO R-3; MEDIUM MULTI-FAMILY
RESIDENTIAL ZONE, TENTATIVE TRACT MAP 063143 AND ZONE VARIANCE
05-332 LOCATED AT 4433 WALNUT GROVE AVENUE
Brad Johnson, Planning Director read the staff report and recommendation.
The Mayor opened the Public Hearing for anyone wishing to speak for or against this item.
Simon Lee, Architect and Kevin Ly, Project Engineer spoke regarding the project and the acceptance
of all conditions.
Juan Nunez spoke regarding his concerns for sewer lines with this development and on surrounding
neighbors.
CC Min. 11/22/05
Page 2 of 35
• 0
The Mayor closed the Public Hearing.
MOTION BY COUNCILMEMBER TRAN, SECOND BY COUNCILMEMBER CLARK that the City
Council approve, subject to conditions, Zone Change 05-219 and introduce Ordinance No. 842 on first
reading. Vote resulted:
Yes:
Clark, Imperial, Nunez, Tran, Taylor
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. ZONE CHANGE 05-220 - 8440-8444 DOROTHY STREET
B1. ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING FROM R-2;
LIGHT MULTI-FAMILY RESIDENTIAL ZONE TO PD; PLANNED
DEVELOPMENT ZONE LOCATED AT 8440-8444 DOROTHY STREET
Brad Johnson read the staff report and recommendation.
The Mayor opened the public hearing for anyone wishing to speak for or against this item.
Jimmy Lee thanked Mr. Johnson and explained the project in more detail.
Mayor Pro Tern Taylor stated that the project looked good.
The Mayor closed the Public Hearing.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER TRAN that the City
Council approve, subject to conditions, and introduce Ordinance No. 843. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC Min. 11/22/05
Page 3 of 35
0 •
C. CONDITIONAL USE PERMIT 05-1021; APPEAL - 8772 VALLEY BOULEVARD
Cl. RESOLUTION NO. 2005-41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 05-1021 APPEAL ESTABLISHING
CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE
41) ABC LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT
THE PHO KING RESTAURANT LOCATED AT 8772 VALLEY BOULEVARD IN
THE C3-D; MEDIUM COMMERCIAL WITH A DESIGN OVERLAY ZONE
This item was pulled at the request of the applicant.
D. PUBLIC HEARING TO CONSIDER THIRD AMENDMENT TO CONSOLIDATED
DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED
RECYCLING AND YEAR ROUND BULKY ITEM PICKUP
(This item is Verbatim at the request of Mayor Pro Tern Taylor)
Bill Crowe, City Manager: The next item will be the public hearing for consideration of the third
amendment to the Consolidated Disposal Services contract.
Donald Wagner, Assistant City Manager: Thank you Mr. Mayor and members of the City Council.
This item is continued from the October 11th Council meeting to allow Consolidated Disposal to
bring back some additional information and the City Attorney requested that we advertise for a public
hearing because we are requesting a rate change via amendment to the contract. Basically, what we
have done is although staff is recommending Option 1, which is an increase from $12.44 a month to
$15.24 per household, which includes automatic recycling, manual green waste and bulky item
pickup-year round, including a-waste and tires. Bulky item pick up would be limited to 25 items per
year and the resident would be required to call in the day before the regular trash pickup. I think
Richard, it also includes the abandoned bulky items. Correct? The other two options were also
discussed on October 11th. It includes automated green waste for an additional $30 per month. The
requirement on this one was that the contract amendment included a buy back. In other words, if the
contract was cancelled by the City of Rosemead and went out to bid again, that the new contract
would be required to buy out the green waste containers. However, if the Council did not want to
consider the buy out provision, Consolidated would charge $16.93 a month for a complete automated
pickup. Present at the Council Meeting is the City's Solid Waste Consultant, Eugene Tseng and also
Richard Fierro from Consolidated Disposal. We are also recommending the deletion of the
requirement that CDS share 25% of the net revenue from the sale of recyclables to the City. We are
requesting that it be deleted from the contract. We've given you a copy of the third amendment in
their letter dated October 25th and a copy of the presentation that CDS gave at the October 11 th
meeting. If you have any questions either myself, Mr. Fierro or Eugene can answer them.
Mayor Imperial: Public Hearing is now open to anyone wishing to speak on this item.
CC Min. 11/22/05'
Page 4 of 35
0 •
Alejandro Gandara: Resident for over 20 years, maybe 30 years. I hope you go with staffs
recommendation, it sounds really good and I would like to be able since I have a yard that has an
extensive garden that it takes a lot of cans, a lot of green cans to throw my cuttings away. I wouldn't
want to have to be stuck having to put them in a green can. That's one of the luxuries of being able to
choose how many you need and you only put those out a couple of times a year anyway. And to pay
more you don't need very often, doesn't sound like its sensible thing to do. So I hope everybody
stays sensible and I hope you take the recommendation, especially if you own more than one home in
the city doesn't pay or have to have that green can to be stuck to that. So it's nice to be able to
have as many as you want. Because if you do have a nice garden it sounds like some of the members
here like designs with larger yards are opposed to what I've being seeing which is stucco mansions
that take up a whole lot and nobody seems to be outside anymore. Even though they live in
California, I don't understand that. It's nice to be able to have a garden and cuttings do end up with
a lot if you take care of a yard. So I hope you go with the recommendation of the staff. It seems to
be according to what other people I've talked to would want. Thank you very much.
City Clerk: Mr. Flournoy.
Jim Flournoy: I agree with Alejandro. Staffs done excellent work on this issue and our trash
consultant has done a good job. I have an acre and I frequently put out 20 cans sometimes and so, the
automatic green waste wouldn't work. It looks like the a-waste is going to be a bigger problem as
time goes on, because of fluorescent bulbs, batteries, computer monitors and all that stuff is going to
get much more expensive to get rid of. If this proposal has the idea where the trash truck, has a radio
that he can call the flat bed with a lift gate truck and say I see a refrigerator that somebody's child
could get into and get killed or a mattress. Call it in and have it on the same day that truck going
along that same route picking that stuff up, will save all this emergency work that staff does every
week calling in and having to go out and pick stuff up on a special basis. We know that's not
working now. I don't think this has a chance of working if that's what the plan is. I don't know how
we're going to monitor the 25 items. Problems dealing with people moving out of apartments just
leaving a pile of junk, rather than a person calling in 25 times for 25 items. Hopefully, we get that
worked out. This looks like it has a lot of chance of improvement of what we have now and thanks
staff for this.
Mayor Imperial: Next!
Brian Lewin: Resident of Rosemead. Basically, they covered some of what I was thinking of saying,
except that I would also add that in the case of the call ins, I don't believe that's going to work
because the Asian immigrant influx that we've had over the last decade or so, a lot of these people do
not speak English, do not understand the rules and will not call in. They are not going to know who
to call and in many cases they may not know how to speak English well enough to say what they are
going to have to put out. And also, I would question why our staff is recommending giving up our
25% share of the proceeds for recycling program. If they are going to be charging us more to take
our recyclable materials, are we supposed to be giving them all the money for the benefit of that. So
that basically they get everything and we get stuck with a higher bill.
CC Min. 11/22/05
Page 5 of 35
•
C
Bill Crowe: In answer to that Mr. Lewin, the point was we were willing to give up recyclables so
that your bill wouldn't go higher. The recyclable volume we get on an annual basis is about 8 to 9
thousand dollars. It's not too much to some, but we apply it towards reduction (inaudible) for
individual households.
Mr. Lewin: And how much is the increase just for recyclables? For the change in the recycling
program, what kind of an increase are we talking about? In the actual rate hike.
Mr. Wagner: Richard correct me if I am wrong, a dollar and a half, a dollar sixty.
Mr. Richard Fierro: The recycling by itself?
Mr. Wagner: The automated recycling. It's in the staff report $2.33 and then the bulky item was $.57
cents.
Mr. Fierro: $.57 cents.
Mr. Lewin: So, $2.23.
Mr. Wagner: Yes. I'll get you the report. We just didn't want to, you know, we thought it was more
productive to keep the increase down as much as we could. I think by, you know Richard we also
think it was $.14 cents we were gong to save by delecting that requirement of the 25%.
Mr. Lewin: What would happen to the blue containers?
Mr. Wagner: They will be turned into the 64 gallon blue containers.
Mr. Lewin: Okay, so there will be a day when they collect all of them.
Mr. Wagner: Right. And that will take effect on May 1st.
Councilman Nunez: Hold on, I think the question was, are they going to pick up those blue
containers?
Mr. Lewin: Yeah. Are we just going to are they just like souvenirs to us?
Mr. Wagner: I've just been corrected. You can keep them.
Audience: They are recyclables though aren't they?
Mr. Wagner: Yes, they are.
Mr. Lewin: So we can put those in the bins?
Mr. Wagner: No, I've just been told you can keep those and also you can ask for one more at your
request. You can ask for an additional recyclable bin at no charge.
CC Min. 11/22/05
Page 6 of 35
• •
Mayor Imperial: Okay, don't they come in different colors?
Mr. Wagner: You know, I think after a while all you are going to need is a 64 gallon.
Mr. Lewin: And I would also like to add my agreement that for green waste that it be kept non-
automated, because the amount of green waste varies widely from residents to residents and even
within the residents from week to week. Some weeks we have .....we are basically
overflowing. Other weeks we maybe have half a one. So I would recommend keeping that as it is.
Mayor Imperial: Thank you. Anyone else wishing to speak?
City Clerk: Mr. Nunez has a speaker request card.
Juan Nunez: I would like to have heard the presentation over. The last time, there was a
presentation, I went out to see how much recyclables there was on the street. On October 19th,
Wednesday, I went on Guess Street west to Walnut Grove Avenue. There were two blue boxes. On
Ralph there were two boxes. On (inaudible) there was one box. On Walnut Grove across
from Ralph there was one. One (inaudible), there were seven on Norwood. North of Walnut Grove
there was five, five on Marshall west of Walnut Grove. And I've got a different number here. The
numbers don't add up to the recycling. I've got here Ivar, Mission to Valley. I've got here Walnut
Grove to Wells. I've got others at zero. People don't recycle and those .......those cans will be
costing us money. For people that don't use them and we will all be paying for them. The same way
with the bulky item. We will be paying for the bulky item for people that throw more bulky items
everyday. I have called Don just about weekly. Right across the street from where I live, the trash
truck comes by no sooner does he come by they bring out a chair or something else that's laid there.
I've told Don maybe you could come out there and take a look. Maybe you can give them some kind
of a citation. When I bring it? They just don't seem to care. We'll put it there and it's going to be
picked up. I've had some conversation with people that get out of their cars and put their trash out.
And they say we pay taxes. How much you pay in taxes I ask them? You should see them walk
away with their tail between their legs.
Mayor Imperial: Okay, keep it clean.
Juan Nunez: That's clean (inaudible) they walk away and I told her you probably use more services
than you contribute in your taxes.
Mayor Imperial: Richard, you got an answer to that?
CC Min. 11/22/05
Page 7 of 35
• •
Juan Nunez: The thing that there is not that much recycling out there on the street. And I can go out
with the recycle man because I went out to look how many boxes were on the street. I don't think we
should be putting that kind of money for that. That's my opinion. I don't know whether anybody
else. I came in and ask for a map, because I've got it right here (inaudible) ask you (inaudible) see
the date (inaudible) and I went out checked some of those places and I don't. May last bill was
$36.00 dollars, now it's going up to $38.65. Now you want to add it up to $50.38 per month. That's
$45.00 dollars over three months. A three month period. I just can't see it. I don't know you are the
ones that are going to make the decision. No matter how much I talk here, you probably don't listen
to me or hear me.
Mayor Imperial: No, no that's not true.
Juan Nunez: I've got the bill here. I just got it the other day and here's the bill, you want to see it?
Mayor Imperial: Can we see it?
Juan Nunez: Sure, here's the bill that I got for November, December, and January. As I said, I didn't
cover all the streets in the city, but I covered Columbia two, west of Jackson two, east of Jackson on
Columbia. On Hellman, west of Del Mar there were none. On Stevens south of Hellman, there were
three to Emerson. On Emerson two, west of Jackson to New Avenue. On Del Mar there were two
north of Emerson. On Emerson east of Del Mar there were four.
Councilwoman Clark: Mr. Mayor could I (inaudible)
Juan Nunez: and another thing I want to say on this recyclable, people who go and throw trash in
there and the guy that comes in the truck can't see that. The other day they had a party right up from
my house and they threw some garbage into my green recyclable and he just happened to be there.
Manual was going to pick it up, was going to leave that can there and I understand that you
can't have any other trash besides green waste, they won't pick it up. And I just happened to be there
and he was to get the one that didn't have anything. The one that had the I just thrown that stuff
into the people's yard that had the party and he emptied it into the truck.
Councilwoman Clark: Hopefully the
Mayor Imperial: Thank you, let me close the public hearing.
Juan Nunez: Don't close the hearing, I'm not through talking. I'm still talking.
Councilwoman Clark: I want to answer what he is saying and ask him a question. Hopefully the
blue roller cans that we are going to approve, will have lids to it and will hopefully help that situation
about trash going in. It's going to be like your black one except they are blue.
Juan Nunez: The lids are on top of those.
Councilwoman Clark: Well, whatever. At least they won't be open
CC Min. 11/22/05
Page 8 of 35
• •
Juan Nunez: Like I said before, there are people, I don't know whether it's just in my area, I see cans
that are (inaudible) they are piled up and I thought one of the reasons to use those cans was they
would be contained. Put some trash in and close the lid and the truck comes in to pick it up.
Councilwoman Clark: Wait a minute, I want to address the issue of cost. I want to ask if you know
what AB 939 is?
Juan Nunez: Well I know that's where you have to keep the trash down.
Councilwoman Clark: Yes, we have to reduce our trash that goes to the landfill by 50%. We were
supposed to do that 2000. And what are we at now Eugene?
Mr. Tseng: Around 40.
Councilwoman Clark: We're not at fifty? We have to get more recycling done or we could be fined
$10,000 a day. Your talking two dollars on your bill Juan. If we don't meet those, we could be fined
and that would have to be passed on to the residents. So you are talking penny wise and pound
foolish.
Juan Nunez: As I said before, some of those people don't speak English or they don't care
Councilwoman Clark: Okay, I'm just going to make one last comment and then we will close the
public hearing.
Juan Nunez: No, because I want to talk about as long as I can and let you know what's happening.
Councilwoman Clark: I'm aware of that. Hopefully, when the new cans are out and I want to request
that staff does this. When they get the new cans, I think we should have a public relations campaign
where we tell people what it's for, what can go in there and why we need to do it. That the rates
could go up further if we don't meet these mandates that the State has passed down on us. And then
hopefully there will be more. I actually went around and saw some and I found two recycle bins
overflowing with the cardboard just yesterday. So it shows me that we do need the recycle bins, the
blue ones that will hold more. I'm always putting out two of them myself.
Juan Nunez: We recycle at home and we have the blue boxes and we would recycle anything from
Councilwoman Clark: But this will hold them all, I'm through for now.
CC Min. 11/22/05
Page 9 of 35
0
Juan Nunez: I don't know whether they will throw them out, because as I say the other day, there was
a man next to my property, there and there was a can and I saw that can there in the yard, and I don't
know what he had, oil in it, I tried to open it. Later the man came over and took it further into the
property. But, when I was away from the front yard, my wife says he told the man coming in some
cans they had picked up from across the street. And I didn't see any cans, so I think he went over
this is what I'm saying that you will let them put anything in those containers. And no matter how
much we try. You and I and him, I mean the next of the public will probably put in there more than
we are supposed to. And that's what I'm saying. Close the public hearing.
Mayor Imperial: Someone else wants to speak on the public hearing? Would you like to speak?
Tony Jayme: I didn't think I was going to come and speak to you people. I know most of the
councilmember's here. You know me, I'm Tony. Anyway, I did not think I would speak, I have a
hearing problem and I didn't hear what you were saying. So I went like this to see if I could hear
somebody, but it's kind of low for me. Maybe I'm the one that's hard of hearing. I came since this
subject of picking up green and a-waste and tires. I think the increase would hurt a lot of us that
depend on social security. Now we don't get very much. Now we don't .....maybe some people get
more than others. But I can't afford a vacation. I cannot afford a new car, I would like to, and I
cannot afford anything. I cannot afford to eat as I would like to. But I think the increase is a little out
of site. I would suggest there's a three month period to put e-waste or bulky stuff. It would be more
than normal. I don't have (inaudible) I cannot lift myself. I have to have somebody do it for me. So
I plan what I want to throw away and the increase I think they are a little bit out of site. Now the
bulky or the greens, maybe once a year. The fruit trees or trees have to be trimmed. Maybe once a
year. I personally will throw you know greens. Other than that to make things small, I recycle
leaves, grass and everything. I recycle to keep my waste down. I cannot take out the (inaudible)
trees all the time. Pardon my voice, I've got a bad cold and lung congestion. But this recycling thing
that is going on, I think I have suggested that it would be a good idea to have higher containers that
can be thrown in the bin of a truck to take plastic. Sometimes we have cardboard from merchandise
that come in that are too bulky to put it in the container. So if they cannot throw it in the bin, they
can pick up the cardboard. (inaudible). One time I put two of those big 60 gallon and they were
charging me $800 dollars because that had a number of apartments. Well I had no choice. I talked to
the man that it was not somebody else. It was mine. I had too much things that accumulate and you
have to throw away sometimes. Now I can't do very well on that like I used to, but I think it should
be audit on this things that if recycle doesn't pay, why waste the time recycling it. If it be audited.
Councilwoman Clark: If recycling doesn't what do you mean?
Mr. Jayme: All the recycle that we do green bottles, and whatever we throw away for recycling.
Have been audited, can we get another can to replace our damaged cans that are being thrown across
the street? I cannot afford to be buying plastic cans that are no good. They just throw away in a few
months. If I had ajob maybe I wouldn't mind, but since I can't work, every little thing counts. I have
to eat and pay my bills first, and if there is anything left over, then I will enjoy whatever I can buy.
So Councilmembers, I know all of you, some personally and some not personally, but this increase on
everything. Every company, the utility wants to increase some percentage. I don't get an increase. I
get 5% increase or 2% that (inaudible).takes the money. What increase do you get?
CC Min. 11/22/05
Page 10 of 35
Mayor Imperial: What's your address and telephone number in case we want to contact you?
Mr. Jayme: Don has it, so I would appreciate that you know the increase would keep it in perspective
to help other people that are unable to you know, to be able to put up money that maybe it's not
necessary to do to pick up e-waste and tires and all those items maybe once a month or three times a
month like they've been doing, it to me is fine, because half of ttie year I don't even put it in. A lot of
times, I can't do it, so I thank you for listening and I know some people know that I talked about it
on some of the items that were not picked up by the company that does the work to pick it up. Thank
you.
Mr. Lewin: I just had two other things that briefly occurred to me relating to that gentleman's
comments. I do think that also especially for fixed income people that some allowance should be
made on the increase. And we might also want to take a closer look at the increases. Vis a vis
where Consolidated can be saving money by possibly having fewer members running the automated
trucks., Like one person rather than two for example. Also I do think that the public relations
comment about recycling is a very good idea and I would also recommend that everyone remember
to put it in all four relevant languages. Because again there are a lot of people in our
neighborhood who do not speak English at least not that I can tell and are going to be very unfamiliar
with the rules and regulations regarding this and if all they see is English they are going to toss it.
They'll have no clue and they're going to just put their toilet seat or toilet on the curb on trash day.
So I think actually whether we do this or not I think some kind of public relations campaign would be
in order to underline the reasons, because there are other people around us who do not recycle
anything or very little. In fact one of our neighbors has two big black trash cans and basically recycle
nothing. They gave us one of their bins. So obviously, we need to mount a little bit more, create a
little bit more awareness of this issue. Thank you.
Mayor Imperial: Anyone else wishing to speak?
Speaker: Rosemead resident. I just want to know what kind of results do we expect from this
increase? Are we guaranteed something? I ain willing to pay for more
Mr. Wagner: It's $12.44 to $15.24 almost $2.80. I think what the reason staff recommend is going to
do two things. First thing is going to clean up, it's going to make a big dent on bulky item
pickup situation. That a few people in the audience are looking at the (inaudible) and the second
thing is we have been assured by our consultant that it will bump up our numbers. That's what we
really need to do.
Speaker: You have a measure of that on something?
Mr. Wagner: Maybe he can answer your questions.
Eugene Tseng: Consultant to the City on this matter.
Mayor Imperial: Can you talk into the microphone, please.
CC Min. 11/22/05
Page 11 of 35
• •
Mr. Tseng: Eugene Tseng, consultant to the city on recycling and solid waste. I've actually worked
with over 50 cities in California. Generally when we go from a manual to an automated system, you
actually will increase the amount of recyclables by 2 1/2 times. So if you collect 100 pounds per
month, you end up with 250 pounds per month. That's because the larger trash cans are less
susceptible to scavenging. We also have more people participating (inaudible). Smaller cans
sometimes a lot of people don't even use them. That's why sometimes you don't see them outside.
Mayor Pro Tern Taylor: Mr. Mayor
Mayor Imperial: Yes.
Mayor Pro Tern Taylor: You made the statement that it increased, how much?
Mr. Tseng: It's about 150 pounds, a hundred pounds per month to 250 pounds a month..
Mayor Pro Tern Taylor: And we're getting 42% right now?
Mr. Tseng: While it's actually in there, no exact number for the City of Rosemead is required from
the regional agency. But before you joined, you were actually in the high 30's or low 40's. It
flexuates year to year.
Mayor Pro Tern Taylor: So what does this do to us now?
Mr. Tseng: The State is actually not looking so much as the numbers, but are looking at the kinds of
programs that you implement. That's called a program based compliance. They actually try to see if
your programs are running efficiently or collecting as much as you can. And the norm right now for
residential is an automated system. So that's what they, even the state has recommended that the City
go from a manual to an automated collection system.
Mayor Pro Tem Taylor: Thank you.
Speaker: What about bulky items? People throw trash out (inaudible) how can you (inaudible)
Mr. Wagner: Sir, we're hoping that and Richard can back me up on this. We're going to have year
round bulky items. So if your going to leave an item out, just leave it out on your trash day, the day
before and please call Consolidated and tell them you're going to have one or two bulky items. Now
they are limiting this to 25 items a year.
Speaker: Personally it's okay with me. Other people trying (inaudible). How are you going to
control that?
CC Min. 11/22/05
Page 12 of 35
Mr. Wagner: While the increase it's going to be like it is now. Juan Nunez calling me and telling me
there is something there, an abandoned bulky item in a particular area, or it is one of our Parking
Control Officers or somebody like myself. You know on my way into work, I might find it out on a
corner. You know not near a residence and I'll have to call it in and have it picked up.' Now
Consolidated has said you call it into them before noon, it can be picked up that same day. If it's
called in the afternoon, it will be picked up the next morning. Because everyday, Monday through
Friday, they will have a truck out picking up bulky items for that particular section of the city. For
Monday's section, we will have the truck out for bulky items on Monday. They will have enough
flexibility to also pick up other areas of the city. So you know our, I mean it's (inaudible).
Mayor Imperial: Are you done?
Mr. Wagner: Yes, sir.
Mayor Imperial: The question, I think the man was trying to ask, is if somebody comes by and
dumps something in front of his house, how does he know whether he's going to pay for that or not?
Mr. Wagner: He's not.
Mayor Imperial: Okay, that's the question he's asking, I think.
Speaker: That's guaranteed?
Mr. Wagner: Yes, sir.
Juan Nunez: And all this talk here, you know and sometimes and I don't know whether person gets
out and walks the streets. You go over here under the Edison lines at the wash and I don't know
whether somebody puts (inaudible) in there for four or five months. That stuff has been there,
some cardboard in the bushes.
Mayor Imperial: Where at?
Juan Nunez: North side of Valley at the wash.
Mayor Imperial: Which street? What street is that?
Juan Nunez: At Valley.
Mayor Imperial: Valley and what?
Juan Nunez: The other side of Walnut Grove and also I don't envy Maggie (inaudible) have I
reported. There is a telephone box or some kind of control box over on the comer of Hellman and
New Avenue on the north east corner. That box has been there, I don't know, for three months I
guess. Nobody has
Mr. Wagner: Hellman and Newmark? I thought you, said Del Mar and Newmark.
CC Min. 11/22/05
Page 13 of 35
•
Juan Nunez: New and Hellman.
Mr. Wagner: New and Hellman. That's
Juan Nunez: New and Hellman right where the (inaudible) has the offices right there. That's
Rosemead isn't it? Northeast comer.
Mayor Imperial: Rosemead ends on this street.
Councilwoman Clark: Yes, that's Rosemead. You go across the street that's Monterey Park.
Juan Nunez: If you go down Hellman and you make a right turn on New going to Alhambra, isn't
that Rosemead?
Speaker: Yes it is.
Councilwoman Clark: Yes it is and you say there is a box. What is it?
Juan Nunez: Some kind of a control box. I don't know if it is a pull box or if it's a traffic control box
or what it is, somebody ran over. I don't know (inaudible) .I don't know what they did to it. It's
down.
Councilwoman Clark: But I'm not supposed to ask you why you did not report it.
Juan Nunez: No because you ask me a question when I reported the Palms right there on the
corner of Hellman and Del Mar. Also on the northeast comer that I told you the Palms were dead.
They had been dead for ten years I guess. And you ask me one day when I had mentioned it you said
have you reported it to Don. While you know Juan isn't the only one that goes on those streets you
know.
Councilwoman Clark: Well, but if you see it, you should report it.
Audience: (Inaudible) you hadn't reported it. Now we all have to listen to it. It's a lot. It's a lot.
Juan Nunez: This is what I'm saying. Somebody has to get out of their cars or I don't know how to
you know I do report it. But sometimes you guys get it taken care of and sometimes it doesn't.
Mayor Imperial: Juan, let me ask you a question. You probably have registered more of these
complaints than anybody I know in my time on the City Council. Have they ever refused to go out
and look at something with you?
Juan Nunez: Not (inaudible) we don't go out and look at it.
Mayor Imperial: No, wait a minute, I went out with you as well as other people....
CC Min. 11/22/05
Page 14 of 35
Councilwoman Clark: And I have too.
Mayor Imperial: On this Council, I have personally went out with you and late at night sometimes.
Juan Nunez: Where?
Mayor Imperial: Across the street where the Valley Grill used to be. That's one of them, but that's
not the point. If you're going to get up here and tell something, that's fact, that's fine. And we're
listening. I'm just asking you a question that you've always gotten service from this Council.
Juan Nunez: Across the street when you got out first, you made the light on Valley and you kept on
going. I came I went over there and you didn't show up. I came back and I saw, what's his
name, Milan here. And he called Don and Don had you on the radio and you turned around and
came back.
Mayor Imperial: You want to know why? Because your instructions weren't that good, otherwise
I would have went there the first time.
Juan Nunez: Then you weren't paying any attention to what I was reporting.
Mayor Imperial: Juan, thank you very much. Next. The public hearing is closed.
Mayor Pro Tern Taylor: Mr. Mayor. A couple of questions to Mr. Jayme.
Councilwoman Clark: Anthony Jayme.
Mayor Pro Tern Taylor: Mr. Jayme, do you have a senior rate for your
Mr. Jayme: I didn't hear you.
Mayor Pro Tern Taylor: Do you have a senior rate for your trash pick up?
Mr. Jayme: Try again, I did not hear you.
Mayor Pro Tem Taylor: How much do you pay each month for your trash bill?
Mr. Jayme: I don't have the bill here, but I think it increased some.
Mayor Pro Tern Taylor: Do you have any idea of how much you pay?
Mr. Jayme: I was paying I think $21.00 for the three months or $19.00.
Mayor Pro Tem Taylor: Okay. That's fine. That's what I wanted to know because the senior rate is
$8.28, so it is roughly $24.00 is what you were paying. If you thought around $21.00. But the R-1,
the resident is paying $12.44 or it was $12.24, something like that. The normal rate is $36.00 to
$37.00. Your in the $21 to $24 dollar range. So I believe you are getting the senior rate.
CC Min. 11/22/05
Page 15 of 35
Mr. Jayme: Yeah, I understand that, but any increase would not help.
Mayor Pro Tern Taylor: I appreciate that and I know that the rate will go from $8.28 to $9.80 and
its going from well that includes the recyclables. For the resident R- 1, it will be going to $15.24 or
$15.64. $15.64 with the bulky pick up, somewhere in that range.
Mr. Jayme: But the thing is on the bulky pick up maybe some people have it and other people don't
have it. And us, we don't put out a whole year round bulky stuff. Why should we pay any extra
money. And beside they were supposed to use a recycle profit to give us new cans. Now the cans
that we buy in the store are not worth what they charge. Ten dollars, fifteen dollars, whatever. Now
if they can get good cans. I don't mind paying two dollars, three dollars if they are good cans. That
would stand the beating that they get, when they throw it on the dumpster.
Mayor Pro Tem Taylor: Thank you for your comments. Mr. Wagner you made a comment that they
can get an extra bin for free.
Mr. Wagner: Yes, sir. In the staff recommendations, Option One, you can get an extra recycling bin.
Mayor Pro Tern Taylor: Wait. Wait, you're saying Option One, I'm reading the legal contract. You
get one bin and that's it. It says nothing about an additional bin free. Read the contract. It says on
the contract, page one, you will get one minimum 64 gallon container for commingled recyclable
materials, etc.
Mr. Wagner: No, you are right. It's not in the contract.
Mayor Pro Tern Taylor: We're telling people they can get an extra one free and they can't.
Mr. Wagner: Can we add that in Mr. Kress?
Mayor Pro Tern Taylor: Well, there's the contract right there.
Bob Kress, City Attorney: Well the third amendment to the contract that you are looking at
unfortunately with all of the hearings you've had and this has been sort of a moving target. The
proposal keeps changing and it has.... so we can definitely add that into what you're looking at and
correct it.
Councilwoman Clark: I don't think that is what Mr. Jayme wants. He's talking about the green
waste, because we had an extensive conversation about this. He's talking about the green waste
containers, aren't you?
Mr. Jayme: Yes. The green waste and the recyclable bottles, cans, and etc and all that, and also the
greens.
Councilwoman Clark: The recycle bin will be a roll out with wheels and a lid.
CC Min. 11/22/05
Page 16 of 35
• •
Mr. Jayme: That would help.
Councilwoman Clark: That's going to be free, but we will not, they will not be supplying the
containers for the green waste, you'll buy them at whatever store, Home Depot, whatever.
Mr. Wagner: It's a regular 32 gallon container and you can buy at K-Mart.
Councilwoman Clark: And you can put out'as many what I plan to vote for, the Option that I plan
to vote for, is unlimited amount of those that you can put out including branches that are bundled
and whatever. But they will not be supplied, those containers you buy them where ever you
want.
Mayor Pro Tern Taylor: They only provide one.
Councilwoman Clark: No, they're not providing at all.
Mayor Pro Tern Taylor: It says in the contract one minimum 32 gallon container for green waste and
if I'm not mistaken is that the one was already have?
Mr. Wagner: Right.
Mayor Pro Tern Taylor: Okay, so they are not providing this new contract, it used to say in here,
already existing, but it does not say that now. So scratch that out.
Councilwoman Clark: So my point is, I don't think Mr. Jayme is talking about a second black can.
Mayor Pro Tern Taylor: I was talking about the blue when you were talking about it. I wanted to
make sure what Mr. Wagner said the people don't expect an additional blue container for free.
Councilwoman Clark: Right. And we're not talking about adding another additional container for
free, you just talked about that, Mr. Kress.
Mayor Imperial: Mr. Jayme is that all you had?
Councilwoman Clark: You said we could add that in if we want to. I don't think we need to.
Mayor Imperial: Is that all you had?
Mr. Jayme: I'm trying to hear, because I don't hear over there.
Mayor Imperial: Why don't you sit in front so you can hear. I'm going to close the public hearing
now. We can go on and do what the Council intends to do.
Mayor Pro Tern Taylor: If they order a second, here it states, excuse me that was the green container,
a dollar a month extra. There's no mention of an extra blue container.
CC Min. 11/22/05
Page 17 of 35
• •
Councilman Nunez: Excuse me Mr. Taylor, I'm sorry to interrupt you, but I just wanted to ask a
question of the City Clerk. Has the public hearing been closed?
City Clerk: Yes.
Councilman Nunez: Okay, thank you, I was just wondering.
Mayor Imperial: I was told to pen it up for somebody that hadn't talked.
Mayor Pro Tern Taylor: Mr. Mayor, getting back to it is closed Mr. Nunez.
Councilman Nunez: Hold on. The public hearing has been closed for sometime now has it not?
Mayor Pro Tern Taylor: Yes.
Councilman Nunez: Okay, the question was asked of the gentleman, okay, but the public hearing
was not re-opened, right?
Mayor Pro Tern Taylor: No.
City Attorney Kress: It does not need to.
Councilman Nunez: Okay, thank you.
Mayor Pro Tem Taylor: Getting back to this extra, there's going to be one blue container that each
resident will get.
Mr. Wagner: Upon request, Richard I can't see the (inaudible). At the customer's request,
Consolidated will provide an additional blue recyclable bin. I'm sorry I missed that in the contract.
Mr. Kress can you add that language to the contract?
Councilwoman Clark: Is that free or pay?
Mr. Wagner: That's free, it's free.
City Attorney Kress: It doesn't say that in the contract, Gary
Mayor Pro Tern Taylor: That's why we have contracts.
Mr. Fierro: Mr. Mayor, Richard Fierro from Consolidated Disposal Service. Let me, I have to be
the Christmas grinch at this time. For two reasons, in November the price of resin increased. We
didn't come back to the Council and say that the rates for the containers were going to increase. We
have no control over it, but we held the prices down to the prices we have already committed to the
Council. We're also been notified that the price will rise again and a fuel surcharge is not going to
be added to the shipments that we receive from our supplier. Saying that, the monthly costs that we
have quoted to you of $2.22.which I might also say does not just include the container, it includes
CC Min. 11/22/05
Page 18 of 35
the trucks, the recycling trucks that we will be purchasing, three trucks and a flat bed truck we'll also
be buying. All the cost sometimes people think that's the price of a container. No it isn't, it's price of
the entire program to put it together. So saying that, if a person now as of today wishes a second
container. That container will cost him a dollar twenty-five ($1.25).
Mayor Pro Tem Taylor: That's not a problem. I just want to clarify.
Mr. Fierro: The black container, the cost to get a second black container which we hope no one
has sorry to hear there was a neighbor using two containers. There is a charge for that second
container of two dollars and
Mayor Pro Tem Taylor: $.14 cents.
Mr. Fierro: Something like this and that is an incentive for people not to get black containers. But to
get the recycling container. So there was another issue of the, of the, just real quickly, the public
relations that we plan on doing will be in four languages. It will be in English, Spanish, Vietnamese
and Chinese. I hope that will be enough because we found people that will do it. We also will do the
publication in a Vietnamese and two Chinese newspapers and the fourth one is a bilingual newspaper
that we'll be putting ads in those papers along with the English speaking papers and the Spanish
speaking papers so that people will have the information in the newspaper that they read. In fliers
that we will mail to them and in fliers that will be connected to the containers themselves. So when
they bring the container into the house there will be a flier attached to that. In the four languages that
the people will read.
Mayor Pro Ten Taylor: You did say that the contract the cost increase of two dollars and whatever
that is, 70cents or that includes one blue barrel.
Mr. Fierro: Yes sir, 65 gallon blue recycle bin.
Mayor Pro Tem Taylor: Right, an additional blue barrel will be a dollar twenty five ($1.25) and that
is reasonable. I'm not questioning that. I wanted to make sure people get a bill and say what's this
for.
Mr. Fierro: When they call for a second one, they will be told that, so it's not a surprise to them when
they see that in the invoice.
Mayor Pro Tern Taylor: One will be plenty for one for a month. As far as, I'm not going to be
putting it out every week. There's not that much. There were several other questions that I needed to
get cleared up. What It's very adamant in this contract that the customer or the resident
must call in advance. And it's very, very clear must call. What happens if the customer does not
call? And there is something out there in the front yard.
Mr. Fierro: Well, the program in itself is kind of a two phase program. There is the program was
originally set forth. That we would pick up bulky items on the trash day hoping that the customer
would call. Then because of the concern and the problem that the city has with the abandoned bulky
items that we then proceeded than to cost out the cost of the abandoned bulky items. If a person
CC Min. 11/22/05
Page 19 of 35
• •
misses their bulky item week because (inaudible) bulky item trash day. If their trash day is Tuesday
they forgot to take it out all they've got to do is call us. Somehow we need to have that information.
Whether they call us or a neighbor calls us, the city calls us.
Mayor Pro Tern Taylor: But they have to call you 24 hours in advance.
Mr. Fierro: At least 24 hours in advance.
Mayor Pro Tern Taylor: Of their normal pick-up day.
Mr. Fierro: Yes sir.
Mayor Pro Tern Taylor: If they put it out on Tuesday, that's their normal pick up day, they did not
call you. What happens to that pick up?
Mr. Fierro: It will probably be picked up the next day at the latest. The supervisor as he's cruising
the neighborhood if he sees that items not picked up before the morning he will send the truck back to
pick it up. The truck will also pick up any abandoned bulky items throughout the city.
Mayor Pro Tern Taylor: This contract, the third revision, now thru have does not use the word
abandoned appliance at all. It's gone.
Mr. Fierro: I will work with the city attorney and city manager a little bit closer to make sure that the
verbiage in the contract is exactly what it.
Mayor Pro Tern Taylor: It was in the other two but now the word is gone. What constitutes an
abandoned item?
Mr. Fierro: An abandoned bulk item can be either something that's in the corner of a street that is not
in front of a house. It could be outside an apartment. It could be on the comer of Valley &
Rosemead. That somebody throughout the night pulled over in a pick up truck and dumped a
mattress out on the comer.An abandoned could be Mr. Nunez walking the streets and saw a couch
laying on the street comer. That there is no owner to that couch. When we get called on that we will
pick it up within a 24 hour period.
Mayor Pro Tern Taylor: That makes perfect sense. I didn't want a homeowner, because they
missed their day or they did not call in that item, you're telling me will be picked up the next day at
no charge.
Mr. Fierro: Within 24 hours.
Mayor Pro Tern Taylor: Because your driver is telling you, your supervisor is telling you, that an
item was missed.
Mr. Fierro: Correct.
CC Min. 11/22/05
Page 20 of 35
• •
Mayor Pro Tern Taylor: and there's not,going to be a charge to the city for any of these extra pick
up.
Mr. Fierro: Correct
Mayor Pro Tern Taylor: My real concern about the whole thing is that according to the report that
was done on our rubbish pick up, you have 11,444 homes to pick up every week.
Mr. Fierro: Yes sir.
Mayor Pro Tern Taylor: That is equivalent to 595,000 pick up during the year. And I don't want to
have to hassle with the resident because they did not call in and the logistics, and I've said this
before; the logistics are way out of line. How de we enforce this? How does the program operate?
And the foreign language we're at least ......the last statistic was 52% Asian., I'm going to jump it up
and the way things are going it might be 56 or 58%. How do we .....how do we communicate to
them other than in their bills or whatever or what is mailed out. I see a horrendous problem there.
And when I mentioned 595,000 pick ups a year for the city its mind boggling. The potential
headaches you're going to have and we're going to have.
Mr. Fierro: Mayor Pro Tern Taylor, I understand and I don't know how it works. I'm not sure
there's a magic genie but we don't have that problem. People do call. Asian people, Spanish
speaking people they do call. They understand whether it be a friend, a neighbor they do call. It is
not the weekly or the people that put out the curbside or don't. Believe me, they might miss it the
first or second time. They won't miss it more after that. Someone will educate them. We will educate
them, their neighbor will educate them. The problem that the City of Rosemead has is not with your
regular tenant. It is the abandonment of people tossing thing of just you know just because they
don't want to hassle with it. It is not the Asian's, it's not the general population. There is just a
certain population, not just in the City of Rosemead, throughout the areas that people just you know it
could be the renters. It could be a person you know we had a box. There is one of our cities and I
told them as long as your keep that box, the roll off box out in the street, open like that its
almost like telling the people please come and bring the trash here. Because every Monday,
their code enforcement people or their department of public works people are having to spend a
couple of hours cleaning up. I said you're leaving a box in the open, you're letting people
from all the neighborhoods, not just that particular city come dump your stuff off there. Why people
do that, I wish I had an answer for you. But I think that I feel confident that after a few months, six
months or so, with this program you're going to see a considerable difference in the cleaning of bulky
items.
Mayor Pro Tem Taylor: I would hope so and what you're saying we all want to be optimistic about it.
But if it's not clearly understood, we're going to tell the residents that you can have bulking pick up
items every week, fifty two weeks out of the years. And that's when the confusion could come in
that "gee do I have to call every time I want to put something out?" Which it says in your contract
and I think that's reasonable.
Mr. Fierro: And if I may just correct you, one little thing you said, 52 times a week?
CC Min. 11/22/05
Page 21 of 35
• •
Mayor Pro Tern Taylor: I mean 52 times a year.
Mr. Fierro: 52 times a year. It's, we're limited to 25 times per household.
Mayor Pro Tern Taylor: Okay I agree with that.
Mr. Fierro: We thought 20 was ample because that's what all our contracts read, in all our cities that
we service. What I understand from some of the councilmember is they thought they wanted a little
bit more because of the bulky items problem we had here. So we removed the 4 times per year call.
You can call up to 25 times and have one item picked up every single time.
Mayor Pro Tem Taylor: Now say that again very slowly.
Mr. Fierro: Okay.'We remove the at first we said you could call us up to four times a year and
you could have up to 20 items per year to pick up. What we have done now is we have removed the
times the quantity of time that you call Consolidated. You can call us ten times, twenty times, as long
as you don't go over the 25 items per years. You have to understand that bulky item pick up is
meant to help the resident get rid of that refrigerator, that couch or washer/dryer because they just
purchased a new one. And they don't know what to do with the old one.
Mayor Pro Tern Taylor: the reason I wanted to make that perfectly clear is because it had stated
before that you could put out 5 bulky items four times per year. And that's on the bill that Mr. Nunez
just showed us with all four dates for next year for four bulky pick ups.
Mr. Fierro: Again, all that will be put in the fliers that we circulate throughout the city.
Mayor Pro Tem Taylor: No, no, I'm saying that its in there. That you can put out four or five bulky
items. But it gives you the week that they have to be put out. Now that's gone.
Mr. Fierro: Correct. Yes sir. As of January first that part will be gone.
Mayor Pro Tem Taylor: Okay, it's on my bill also. So as long as that's cleared up in their billing or
whatever it might be then the confusion you away. Because it states in your points sheet that you
have. You would get four pick ups per year. At four or five, whatever the limit was. But now your
making it clear that a person can put out one item and it is not counted as a one item bulky pick up.
He can have 25 total throughout the year.
Mr. Fierro: Yes sir.
Mayor Pro Tern Taylor: Individual, that's perfect. That's what I wanted to cleared up.
Mr. Fierro: Also, if I might add that does not include the E-waste. The E-waste is separate so you can
have 25 bulky items and four sets of tires and 2 color TV sets and all at the same price.
Mayor Pro Tem Taylor: It did include those two together the E-waste was originally included as a
bulky item.
CC Min. 11/22/05
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• •
Mr. Fierro: No. that's always been separate. That's always been separate.
Mayor Pro Tern Taylor: Okay, as long as that's cleared up.
Mr. Fierro: And we will make that clear in our publication.
Mayor Pro Tern Taylor: Great, we're getting real close.
Mayor Imperial: I wanted to point out something, you have your supervisor on what have you going
around and if he sees something they have it picked up that day.
Mr. Fierro: Yes, sir.
Mayor Imperial: Somebody is getting the wrong information Richard. For the simply reason I was
going down the street in an area where mattresses or what have you are out there. And they have been
there for two, three, or four days. And I told Don I wanted to have a call to pick them up. And they
would still be there two r three days before they pick them up sometimes. Something is wrong.
Mr. Fierro: Okay, the program I'm talking about is the new program commencing on January first.
We have not purchased the trucks yet. We will have, right now we do not have the vehicles in the
city. We only do it once a quarter. Unless a customer calls us specifically and pays for that
pickup.
Mayor Pro Tern Taylor: You lost me. Now you jumped back to you only do it once a quarter.
Mr. Fierro: Currently we have the once a quarter pick ups. We just finished that. The next quarterly
pick up is at the end of January. That will not happen. We're going to start this program if it is passed
today on January Ist or January 2nd, so that you will have the bulky items pick up on a weekly basis.
What the mayor is saying is that because our trucks are only here once a quarter and wasn't able to be
picked up. What happens right now is when we get a call our supervisor puts the list together and he
spends Thursday and Friday of that week picking up all the bulky items that he got back from
throughout the week. So they are normally picked up by the end of the week. So Monday we start
fresh. What we are going to be doing different next time around starting January second is that
everything will be picked up within 24 hours. No more that 24 hours. Now what we missed being
started new we might miss here or there but eventually we'll get to the point where we're picking up
that same day or within 24 hours.
Mayor Pro Tern Taylor: As I said we are getting real close. Once I went back and picked up on
seventeen weeks of the weekly list that you get.
Mr. Fierro: Yes, sir.
Mayor Pro Tem Taylor: I have ask Mr. Crowe for the past five months or so for a list of the
residents that were billed for picking up bulky items. He has never gotten the list and I think you....
CC Min. 11/22/05
Page 23 of 35
• •
Mr. Fierro: I have that list for you sir and I will get it to you. It's .....we have neglected in not
charging the residents for any of those items we just picked it up ourselves. We just carried the cost
ourselves.
Mayor Pro Tern Taylor: Okay, I appreciate that and here it is five months later and you're telling me
now you have a list.
Mr. Fierro: It took me a while for me to get that list.
Mayor Pro Tem Taylor: But this is going back 2 years.
Mr. Fierro: Right.
Mayor Pro Tem Taylor: Anyway, we are getting a list there, but it states in there seventeen weeks
that I total up everything. No address. In other words you listed a cross street or a dead end street,
where something was listed. In that seventeen week time frame there was 25 items. That to me is an
abandoned item.
Mr. Fierro: Yes sir.
Mayor Pro Tern Taylor: So that's pretty good odds as far as the cost of whoever picks up that
abandoned item. And since they are abandoned I'm assuming that the city is going to get a bill of $16
dollars or $17 dollars whatever that cost is.
Mr. Fierro: (Inaudible). Will bill something and some times (inaudible) Consolidated (inaudible)...
Mayor Pro Tern Taylor: The new contract it will be straighten out that abandoned items the city is
going to get charged for those.
Mr. Fierro: No sir.
Councilmember Clark: No.
Mr. Fierro: Abandoned as we picked them up. Because it is included in the rates that's
Mayor Pro Tern Taylor: The other item is the E-waste in this seventeen week period there was a
hundred and forty nine E-waste pick ups or nine per average week. So these numbers are pretty low
from what I just put together out of these random 17 weeks. And I have to admit it's looking
good as long as the logistics are being worked out. And that's what I think we are doing right now.
Mr. Fierro: Remember those 150 e-waste that you mention, are those that have been abandoned?
There was also homes that were (inaudible).
Mayor Pro Tern Taylor: They all have an address
CC Min. 11/22/05
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Mr. Fierro: What I mean, they weren't called directly to Consolidate or else we would have picked
them up and they wouldn't be on that list.
Mayor Pro Tern Taylor: This is why I wanted to make the point clear they were listed at an address
for a resident.
Mr. Fierro: Because somebody can stop by and dump the bulky whether it be e-waste or whatever in
front of Mr. Wagner's home and we put his address on there.
Mayor Pro Tern Taylor: Okay, there has to be reasonable.
Mr. Fierro: It wasn't that he put it out. Someone dumped it on his yard. But we need an address
created to so that eventually we can then bill the customer.
Mayor Pro Tern Taylor: So all those so called abandoned TV's that get put in front of somebody's
home there is not going to be any charge for those because that 10 cents a month that going into
every bill covers all the a-waste pick up in the city.
Mr. Fierro: Yes, sir. Also tires.
Mayor Pro Tern Taylor: Tire's that was another item. When a single item is picked up what do we
charge? What do you charge for a ......gosh how are you going to charge anybody for picking up
anything?
Mr. Fierro: But were not going to be charging anybody anything anymore.
Mayor Pro Tern Taylor: That's terrific. Gosh, we're getting there.
Mr. Fierro: I need to share something with the council if I may. Unless, you have another question
sir.
Mayor Pro Tern Taylor: Up until now these questions weren't answered. And that is why I've been
pressing for them. Why I've spend so much time. It's my job.
Mr. Fierro: So, were okay. And you do it well sir.
Mayor Pro Tern Taylor: Thank you. I'm ready to make that motion.
Mr. Fierro: Okay, here we go. I need to ask the council a large favor. Yes, Puente Hills the landfill
that we gear our raises to is increasing their rates in January. They have done so the last two years.
They have increased our rates. We had not been able pan those rates onto the city with only maybe
two or three months left. What I'm saying is that they increase the rates in January we don't come
before the city until August, September or October. During all that period of time we're not made
whole for that increase. But we have no control over it. That particular increase is done by the
Sanitation District. What we are asking and I have a letter to the council. Actually its addresses to Mr.
Crowe, excuse me. The increase itself is a 2.4 increase. It's going to be implemented by the
Sanitation District.
CC Min. 11/22/05
Page 25 of 35
• •
Mayor Pro Tern Taylor: 2.4 percent. Okay.
Mr. Fierro: 2%. It's going to be implemented by the Sanitation District as of January 1st. It says we
are not talking about the service level at a cost. We're asking the council to include the 30 cents.
Which is 2.4 recommends to that cost. So now the $15.24 cost that you have 30 cents will be added to
that and cover the tipping fees at Puente Hills.
Mayor Pro Tem Taylor: Yeah, but your whole rate is not just built on the tipping fee.
Mr. Fierro: No sir, it is not. Thirty percent of our rate is Seventy percent of our rate is under the CPI.,
thirty percent of our rate is the landfill increase.
Mayor Pro Tern Taylor: Is there any reason we can't approve this on December the 27a''
Mr. Fierro: I understand sir. And again I come to you shaking at the knees.
Mayor Pro Tem Taylor: I'm sympathetic with what you're saying.
Mr. Fierro: I have to go to all my cities and ask this. The reason why we're going now is because
there is a sentence in our contract that was just that I became aware of along with Mr.
Wagner maybe about a month ago that we are to give residents a thirty day notice when there is an
increase. We haven't in the past because we received our rate increase 60 to 90 days after we should
have. So we don't have the time to properly notify the residents. There is a resident right now that is
putting our feet to the fire and saying you guys need to do this. And we are saying gee we would love
to but we don't get the increase until after the fact. It is kind of hard to get back to you that this
happened three months later in two months later, so and? Like January I st. What that
means to the council or to the residents is you currently have a rate of $12.24 come January it will
be $12.74. okay. And so that means that in May when we start the new program it's not going to be
$15.24 but $15.54.
Mayor Pro Tem Taylor: I don't have a problem reading it. But like in this this is what five or
six pages.
Mr. Fierro: What I have included is I didn't want you to just take my word I included the copies
from the Sanitation District that their letter actually goes to the cities I think either the
representative of the Sanitation District should have received a letter or maybe you Mr. Mayor.
Mayor Imperial: I didn't get one.
Mr. Fierro: Okay, that's why I included the one from the Sanitation District.
Mayor Pro Tem. Taylor: You want this approve before the I" of the year.
CC Min. 11/22/05
Page 26 of 35
• •
Mr. Fierro: I would like to see if possibly we could get it approved today so that I can notify the
residents of the increase. If not then again we might have a problem with one or two residents
complaining we didn't give them ample time to notice of the increase in the rates.
Councilmember Tran: I just can't understand this. I mean you know we're just given you approval of
rates increase and get your raise and now your seeking, you know with automation and everything,
about two dollars and eighty cents. We have a lot of seniors a lot of residents that can't afford this.
And here we are I presume you have a legal contract to present to us (inaudible), but are you asking
for and additional
Mr. Fierro: Believe me. It's not something that we do. If you could ask your staff. This is the first
time I have come before you in the ten plus years that I have been here. We... the landfill increase
normally happens in July. In all our contracts the rate increase happens in July, August here in the
City of Rosemead. But we can carry that for a month. The Sanitation District three years ago started
making plans to build their MRF and also to start getting plans ready to start sending waste out by
rail. In doing so they started raising the tipping fees. They raised in the first year in January, the
second year they raised it in December. This year there raising it in January. We have no control over
that raise. You might chastise us for our labor or anything else that we can control. The tipping fees is.
we're taking the trash from your city. Taking it there and they're increasing the rates. All we are
saying is that for us to be made whole to cover that increase, it's not something that's going to go into
our pockets it is something we get paid for recovering the cost of the trash.
Councilmember Tran: While I understand it, you didn't question ......I should ask the city attorney
is is that legal. I mean right now given the fact that lets say the council decides no to
move forward with any of these options leave at $12.44. they want to increase this to $12.74. 30 cents
is that correct?
Mr. Fierro: Yes sir.
Councilmember Tran: Don't they need approval or is that unilateral decision that they can make.
City Attorney: No, it needs the council approval process if it's going to be imposed at this time. I
might suggest given this late arriving item and the need to receive it. That if you are satisfied that you
want to go forward with the change in service that are included in this third amendment to the
franchise agreements. That we add an additional provision to the franchise agreement which deletes
the requirement of the 30 days advance notice to the customers. I think you saw Mr. Nunez's bill, the
company bills quarterly. Does everybody get the bill on the same cycle.
Mr. Fierro: Yes sir. So they have ample time.
City Attorney: And is makes it difficult to give that 30 days advance notice. That would allow you to
go forward with this and then perhaps consider this matter at a future meeting. Prior to the end of the
year.
Councilmember Clark: Mr. Mayor, I have a question how much does that 30 cents tipping
fee going to cost you in a year in the City of Rosemead. Do you have any ball park figure?
CC Min. 11/22/05
Page 27 of 35
• •
Mr. Fierro: I can probably ask Mr. Taylor. He's pretty good
Mayor Pro Tern Taylor: I don't have your trash bulk.
Mr. Fierro: We would have to take the total tonnage. And right now we're just doing this to the
residents. Again unfortunately I have to come back and ask you a raise on the commercial. The only
thing is on the commercial I don't need to give them the 30 days notice. I do in the residential. If you
tally? How much it is (inaudible) Eugene (inaudible) trash pick up (inaudible) year for the residential
how much tonnage. On the residents. What is it? The tonnage we picked up here. Either monthly or
yearly. I don't have that information in front of me Maggie, I will have to get it for you.
Councilmember Clark: The reason I'm asking is to see if it's not a high amount. Is there any way
that... to lessen the impact on the residential that are going to have their other raise. Could the city
take it out the general fund? For this year.
Mayor Pro Tern Taylor: Does not matter to you (CDS) where it comes from.
Mr. Fierro: Excuse me.
Councilmember Clark: No, I'm not asking him. I'm asking the that's why I wanted to get
the ball park figure.
Mr. Fierro: It's thousands of dollars, but I couldn't tell you. I'll have to go back and find out.
Mr. Nunez: Hundreds of thousands? Is it hundreds of thousands? Tens of thousands?
Mr. Fierro: Mr. Taylor, 30 cents times
Mayor Pro Tern Taylor: We don't know what the bulk, the tonnage is.
Mr. Fierro: Ten tons a truck. Eight trucks, that's eighty tong 'a day times five. Are you doing this Bill?
(10 x 8 x 5 = 400) Bill? 1,200.
Mr. Fierro: Times five. That's 1200 a week times 52 ( 1200 x 52= 62,400 x .30cents= $18,720) times.
. 30 cents.
Mr. Fierro: I don't know. I mean (inaudible)?
Mayor Pro Tem Taylor: You're going to need to bring it back anyway in written form.
Councilmember Nunez: Can I suggest that we can handle the item that is before us as written.
Mr. Fierro: Councilmember Nunez that's fine, I just want hope that if this residents comes back to
us shaking their fingers because we didn't give them the 30 day notice. Hopefully, I would have the
CC Min. 11/22/05
Page 28 of 35
• 0
backing of the council. And say you know what, they're trying we're trying to work with us and
don't take us to court because of it.
Councilmember Nunez: I think what I was trying to say is that it needs to be looked at. We can
discuss the fact whether or not we can waiver the 30 days at that (inaudible)? Or something. But right
now we have nothing in front of us. We need to decide on this particular issue. You brought us
something else I would agenized. I would like to be able to come back to later.
Mr. Fierro: Thank you. Am I done Mr. Mayor?
Mayor Imperial: The public hearing is closed.
Councilmember Nunez: Ready to make that motion Mr. Taylor?
Mayor Pro Tern Taylor: I'll let you do it.
Councilmember Nunez: I'll make the motion, you'll second it I hope. Come on Mr. Taylor.
Mayor Pro Tern Taylor: Mr. Nunez I'm in favor of this but I'm going to abstain because we've made
so many changes tonight. We've got a meeting on December the twenty seventh and I want to see it
in written form.
Councilmember Nunez: We've had, we've had this we've had how many weeks to talk to
about it. We talked ........I hope you come in and talk to people at city hall and ask them a
question about this. I hope these questions you ask right now are not the only questions you ask....
Mayor Pro Tem Taylor: I said it's there but I want to see this contract straighten out by December
27`h That's when our next meeting will be scheduled.
Councilmember Clark: You want me to make the motion John?
Councilmember Nunez: I made the motion. I was hoping for his second.
Mayor Imperial: Let's have a motion.
Mayor Pro Tern Taylor: Mr. Nunez made the motion. Mrs. Clark has seconded it, which is fine.
Councilmember Nunez: We're looking at option.
Mayor Imperial: State the motion. Substantial
City Attorney: The motion is to approve the third amendment in substantial in the form as presented
with the clarification as to the abandoned bulky items that they will be taken care of by Consolidated
without any additional cost to the city. That's the motion.
CC Min. 11/22/05
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Councilmember Clark: It's the unlimited green waste. Not the automated green waste, but automated
recycling bin.
City Attorney: Correct.
Mayor Imperial: The motion has been restated. What's your pleasure?
Councilmember Tran: Call for the question.
Mayor Imperial: I'm not hearing anything.
Councilmember Clark: Vote.
Councilmember Nunez: Call for the question.
Mayor Pro Tem Taylor: Mr. Mayor that is an abstain vote. I mentioned I would abstain until we get
it back on well I'm saying December the 27`h because it has been changed three times. It's
been clarified now and I'm happy with it but I want to make sure all those clarifications are there and
I would ask that the trash contract item be in the minute verbatim.
Councilmember Nunez: I'm sorry you want the whole discussion verbatim on the minute.
Mayor Pro Tem Taylor: On the trash item.
Councilmember Nunez: On the trash item.
Mayor Pro Tem Taylor: Yes sir.
Councilmember Nunez: How many minutes have we been on this?
Councilmember Clark: We have a policy of voting on whether we want it verbatim. I brought that
back a long time ago and I have If this is going to cost $900 dollars like it did the other
time.
Councilmember Nunez: If we do things like this we're going to have to look at how we budget
different department. If you do things like this its going to cost extra money (inaudible)
Councilmember Clark: Mr. Mayor, I have a question, Nina is this going to cost $900 dollars? Like
the last time we had a verbatim. We had a court reporter.
City Clerk: To be a verbatim translation. Yes, a court reporter is hired, then yes.
Mayor Pro Tem Taylor: Wait, wait, and wait. We did a court reporter last time Mr. Nunez ask for the
entire meeting to be in You weren't here at the time. And they fouled it up as far as I'm
concerned. They
CC Min. 11/22/05
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• •
Councilmember Nunez: I didn't ask for it.
Councilmember Clark: No, Mr. Tran did.
Mayor Pro Tern Taylor: Mr. Mayor. I'm sorry, Mr. Tran asked for the entire meeting. And we did
that and it cost $900 dollars and it was fouled up very bad because they didn't know who was even
speaking. So I don't believe this one item would be that much. Because we don't ......having an
outside court reporter we have to redo it because they have no idea who is talking. So
Councilmember Clark: I object to having this verbatim, simply because of the time constraints. If
the city clerk isn't going to be able to do it with all the election thing she has to handle. I don't think
we should pay a court reporter to do it. I don't think it is a wise use of taxpayer money.
Mayor Pro Tern Taylor: Mr. Crowe who's been doing the minutes now?
City. Manager: We have several members of staff assisting.
Mayor Pro Tern Taylor: Alright. So the city clerk will not be tied up with it until the final approval of
them.
Mayor Imperial: I agree with that.
Mayor Pro Tern Taylor: And I do. I'm glad because it's not fair for her to have to make up the
minutes for the past six or nine months.
Mayor Imperial: I think that is ridiculous if that was the intent. That is not my intent.
Councilmember Clark: So you are willing to wait until March or something to have the minutes.
Mayor Pro Tern Taylor: No, no they are working on them now.
Councilmember Clark: No, then I object to having these verbatim. It's going to take a long time.
We've been talking for an hour and a half on this item. And I don't think that is a wise use of
taxpayer money.
Councilmember Nunez: If the people are so worried about this they could come and listen to the tape
and take whatever they need off them.
Mayor Pro Tern Taylor: How about if I do this. I transcribe the tapes. The city clerk just gets to
listen to them for an hour and a half and make the corrections.
Councilmember Clark: Okay
Mayor Pro Tern Taylor: Is that alright with you Mrs. Clark?
Councilmember Clark: Yeah. It will take you forever. I've done it before.
CC Min. 11/22/05
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• •
Mayor Pro Tern Taylor: No, no I've been doing it for years. But anyway if that's acceptable, I will
turn them in and she can review it and than the council can do what they want with them. No cost to
the city.
Councilmember Clark: Okay.
Mayor Pro Tem Taylor: Thank you.
City Attorney: Alright.
The Mayor closed the Public Hearing.
MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the
City Council approve the third amendment which includes automated recycling and year round bulky item
pickup. Vote resulted:
Yes:
Clark, Imperial, Nunez, Tran
No:
None
Absent:
None
Abstain:
Taylor
The Mayor declared said motion duly carried and so ordered.
III:. LEGISLATIVE
A. RESOLUTION NO. 2005-38 - CLAIMS AND DEMANDS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $1,533,772.27 NUMBERED 50917 THROUGH 51189
MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the
City Council adopt Resolution No. 2005-38. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor requested a copy of the Traffic Operations invoice.
The Mayor declared said motion duly carried and so ordered.
CC Min. 11/22/05
Page 32 of 35
•
C
B. ORDINANCE NO. 840 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER
5.24 OF THE ROSEMEAD MUNICIPAL CODE REGARDING MASSAGE
ESTABLISHMENTS
Juan Nunez stated that he hoped that the city is in line for these types of businesses.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER NUNEZ that the
City Council adopt Ordinance No. 840 on second reading. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. ORDINANCE NO. 841 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD SETTING CITY COUNCIL SALARIES
Mayor Taylor requested staff to explain the need for this taking place at this time and he wanted to know
what happen to AB 11, when did it take place?
MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the
City Council waive further reading and introduce Ordinance No. 841. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR
CC-A RESOLUTION NO. 2005-40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS
WITH RESPECT TO COMMUNITY DEVELOPMENT COMMISSION PAYMENT
FOR COSTS ASSOCIATED WITH THE INSTALLATION OF TRAFFIC SIGNAL
IMPROVEMENTS AT GRAVES AVENUE AND JACKSON AVENUE
CC-B APPROVAL OF TRACT MAP NO. 61208 - VACANT LOT ON RIO HONDO
AVENUE NORTH OF VALLEY BOULEVARD
CC-C RELEASE OF BONDS - PARCEL MAP 26622; 3232-3250 ALANREED AVENUE
CC Min. 11/22/05
Page 33 of 35
• •
CC-D RESOLUTION NO. 2005-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 03-110 FOR EXTERIOR FM~ADE AND
LANDSCAPING RENOVATIONS, AND DENYING ZONE VARIANCE 05-328 FOR
CONVERSION OF LAND USE WITHIN A CENTER FROM COMMERCIAL BANK
TO COMMERCIAL FOOD ESTABLISHMENT FOR A LEGAL, NON-
CONFORMING SHOPPING CENTER WITH LESS THAN THE MINIMUM
NUMBER OF REQUIRED PARKING STALLS; LOCATED AT 8855 VALLEY
BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN
OVERLAY)ZONE
CC-E REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION
CC-F AUTHORIZATION TO ATTEND THE CALIFORNIA CONTRACT CITIES
ASSOCATION LEGISLATIVE ORIENTATION TOUR, SACRAMENTO, JANUARY
9-11,2006
CC-G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES MAYORS
AND COUNCIL MEMBERS ACADEMY LEADERSHIP INSTITUTE,
SACRAMENTO, JANUARY 11-13,2006
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER TRAN to approve
Items CC-A through CC-G on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORT - None
VII. MATTERS FROM OFFICIALS - None
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Jim Flournoy commented on a newspaper article regarding Beverly Boulevard bridge and the need
for the city to look at Rosemead bridges.
Juan Nunez stated that he wasn't going to clean the street anymore after trash pick up days.
CC Min. 11/22/05
Page 34 of 35
•
•
Mr. Park, 9460 Steele Street spoke on the graffiti at the new building at Mission and Valley.
Mr. Wagner stated that the graffiti personnel may have a problem with getting up to the top to
remove the graffiti.
Mayor Taylor requested a report back on this graffiti removed item.
Brian Lewin also reported graffiti at the southwest comer of Rio Hondo and Valley and also
requested that the microphones be louder.
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 10:45 p.m. The next
regular scheduled meeting will be held on Tuesday, December 13, 2005 at 7:00 p.m. at the Rosemead High
School Auditorium.
Respectfully submitted:
A~a
City Clerk
APPROVED
MAYOR
CC Min. 11/22/05
Page 35 of 35
• 0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
minutes from November 22, 2005 were duly and regularly approved and adopted by the
Rosemead City Council on the 28th of November 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain: NONE
Nina Castruita
City Clerk
• •
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
December 27, 2005
Mayor Imperial called the regular meeting of the Rosemead City Council to order at 8:05 pm in the Council
Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
Mayor Pro Tern Taylor led the Pledge to the Flag. Councilmember Tran delivered the Invocation.
ROLL CALL OF OFFICERS:
Present:
Absent: .
APPROVAL OF MINUTES:
Councilmembers Clark, Nunez, Tran,
Mayor Pro Tem Taylor and Mayor Imperial
None
June 1, 2004-Adjourned Meeting
June 22, 2004 - Regular Meeting
Motion by Mayor Pro Tem Taylor, second by Councilmember Clark that the council
approves said minutes. Vote resulted:
Yes:
Clark, Imperial, and Taylor
No:
None
Absent:
None
Abstain:
Nunez, Tran
Mayor Imperial declared said motion duly carried and so ordered.
September 13, 2005 - Regular Meeting
Motion by Mayor Pro Tem Taylor, second by Councilmember Clark that the council
approves said minutes. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Julie Wang residing at 1012 S. Marengo Avenue, Alhambra spoke about the lawsuit filed
by Mayor Imperial regarding the Voting Rights Act and questioned whether Mayor Imperial
CC MIN: 12-27-05
Page 1 of 8
ATTACHMENT D
• s
had a right to file a suit on a personal jurisdiction basis. Ms. Wang is a Save Our
Community volunteer.
Tam Vuong residing at 8923 Newby Avenue, spoke on behalf of residents on Newby
Avenue in opposition of the trash enclosure constructed at the Rosemead/El Monte Adult
School. The residents are opposed based on sanitation and smell issues. City Manager
Crowe indicated staff share resident concerns. Mayor Imperial instructed staff to contact
the school to let them know they are in violation of their Conditional Use Permit and may
be required to appear before the Planning Commission and conduct a public hearing for
area residents.
Marlene Shinen residing 8447 Drayer Lane, South San Gabriel spoke about the Wal-Mart
Environmental Impact Report, indicating Judge Yaffe was not in favor of the report results.
Mayor Pro Tern Taylor pointed out to Ms. Shinen that Judge Yaffe had approved the
revised EIR and determined the temporary restraining order as not applicable.
Alan Wong residing at 3132 Burke Avenue spoke against the Wal-Mart project based on
the corporation's wage discrimination and unfair labor practices.
Barbara Murphy residing at 9125 Bentel Street spoke against the 25% increase in trash
fees to residents. Ms. Murphy asked why more expensive landfills were being utilized, as
opposed to the cheaper two sites. She asked the City Council to reconsider the
amendment to the trash contract. Councilmember Clark asked staff to investigate why
more expensive landfills are being used.
2. PUBLIC HEARINGS
City Attorney Wallin explained Public Hearing procedures.
A. Conditional Use Permit 05.1021; Appeal - 8772 Valley Boulevard
At its October 3, 2005 meeting, the Rosemead Planning Commission approved the
issuance of a new On-Sale Beer and Wine (Type 41) ABC license of a bona fide eating
establishment. Mayor Imperial appealed the approval of the CUP. This item was
continued at the request of the applicant, from the November 22, 2005 Council Meeting.
Al. Resolution No. 2005-41 - A Resolution of the City Council of the City of Rosemead,
County of Los Angeles, State of California, approving conditional use permit 05-1021
appeal establishing conditions of approval for a new on-sale beer and wine (type 41) ABC
license for a bona fide public eating establishment at the Pho King Restaurant; located at
8772 Valley Blvd. in the C3-D (Medium Commercial with a Design Overlay) Zone (APN:
5390-010-038).
Director of Planning Brad Johnson gave a brief history of the timeline and issues
concerning this item.
CC MIN: 12-27-05
Page 2 of 8
0 •
Barish Gallon spoke on behalf of the owner of Pho King restaurant and expressed
confusion as to why Mayor Imperial opposed the permit. He maintained the restaurant is a
family establishment and deserves a fair chance without reference to prior tenant activities.
The Planning Commission and staff outlined a list of 31 conditions that need to be met
prior to a permit being granted. The owners indicated they agreed to the conditions with
the exception of the three listed below:
Condition # 20: Removal of Lotto Machines
Condition # 23: Removal of a Service Counter &
Condition # 27: Removal of a Parquet Dance Floor
Mayor Imperial gave a history of the location and outlined difficulties the city faced in
improving conditions with the previous owners.
Mayor Pro Tern Taylor advocated the new owners should be given fair consideration, as a
family-style restaurant and indicated the restaurant would be monitored for violations. He
advocated the permit should be granted, excluding the three objections listed above and
with the addition of the Karaoke designation on the plans as requested by the Planning
Department.
Councilmember Clark asked about oversight from the City if problems occur and
advocated approval of the permit as amended above, with the additional condition that the
council reviews a compliance review staff report in one year.
Mayor Imperial asked the record state: "I went through 10 years of this and this is not
something I want back in the neighborhood".
Motion by Mayor Pro Tern Taylor, second by Councilmember Tran that the council
approve Resolution No. 2005-41 approving Conditional Use Permit 05-1021 appeal
establishing conditions of a approval for a new on-sale beer and wine (type 41) ABC
license for a bona fide public eating establishment at the Pho King Restaurant; located at
8772 Valley Blvd. in the C3-D (medium commercial with a design overlay) zone (APN:
5390-010-038) with: the exceptions of conditions 20, 23 & 27; the addition of the Karaoke
designation on the plans; and the addition of a one year compliance review. Vote resulted:
Yes: Clark, Nunez, Taylor, and Tran
No: Imperial
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carded and so ordered
CC MIN: 12-21-05
Page 3 of 8
• •
3. LEGISLATIVE
Resolution No. 2005.48: Claims and Demands
A Resolution of the City Council of the City Of Rosemead allowing certain Claims and
Demands in the sum of $2,354,489.82 numbered 51191 through 51519.
Councilmember Nunez made a motion, with a second by Councilmember Tran, to
approve Resolution No. 2005-48. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
4. CONSENT CALENDAR
The following routine items were put forth before the City Council (Mayor Pro Tern Taylor
requested items CC-C and CC-H be pulled for discussion purposes; Councilmember
Nunez also requested CC-H be pulled):
CC-A: ORDINANCE NO.842-AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING FROM R-1; SINGLE-
FAMILY RESIDENTIAL, TO ZONE R-3; MEDIUM MULTI-FAMILY RESIDENTIAL ZONE,
TENTATIVE TRACT MAP 063143 AND ZONE VARIANCE 05-332 LOCATED AT 4433
WALNUT GROVE AVENUE (APN: 5372-018-039).
Recommendation: That the City Council approve the adoption of Ordinance No. 842,
subject to conditions on second reading.
CC-B: ORDINANCE NO. 843 -AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING FROM R-2; LIGHT
MULTI-FAMILY RESIDENTIAL ZONE TO PD; PLANNING DEVELOPMENT ZONE
LOCATED AT 8440-8446 DOROTHY STREET (APN: 5288-003-040, 5288-003-041, 5288-
003-042)
Recommendation: That the City Council approve the adoption of Ordinance No. 843,
subject to conditions on second reading.
CC MIN: 12-27-05
Page 4 of 8
• 0
CC-D: RESOLUTION NO. 2005-49 -SETTING TERMS AND COMPENSATION OF
COMMUNITY DEVELOPMENT COMMISSIONERS
Community Development Commissioners' current compensation will be impacted with the
implementation of AB 11, which will be effective January 1, 2006. This resolution brings
commissioners compensation into compliance with AB 11.
Recommendation: That the City Council adopt Resolution No. 2005-49.
CC-E: ACCEPTANCE OF THE ANNUAL REPORT OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION FOR FISCAL YEAR 2004-2005
Pursuant to California Redevelopment Law, the Community Development Commission is
required to submit an Annual Report of its activities each year to the City Council. The
attached Annual Report for fiscal year 2004-2005 has been prepared by staff and meets all
of the requirements of law.
Recommendation: It is recommended that the City Council accept the Annual Report.
CC-F: CITY CLERK EMPLOYMENT AGREEMENT
Pursuant to the City Council's previous action (1) designating Nina Castruita as City Clerk
and (2) directing the City Manager to prepare an employment agreement for Ms. Castruita,
attached for City Council consideration is an employment agreement with Ms. Castruita.
Recommendation: That the City Council approve the employment agreement with Nina
Castruita and authorize the Mayor to execute the same on behalf of the City.
CC-G: APPROVAL OF TRACT MAP 61005 - 3313.3319 DEL MAR AVENUE
Tract Map 61005 is being submitted for consideration and approval along with an
Undertaking Agreement and Faithful Performance and Labor and Material Bonds to
guarantee the construction of driveways, curb and gutter, sidewalk, parkway drains, sewer
mainline, water line and survey monuments subsequent to the recordation of the tract
map. Easement dedications are required to be granted on the map for public sewer
purposes. All other conditions of approval have been met.
Recommendation: It is recommended that City Council approve Tract Map 61005,
approve the undertaking agreement, accept sewer easement dedications, and direct the
City Clerk to arrange for the recordation of the map.
Councilmember Tran made a motion, with a second by Councilmember Clark, to
approve the aforementioned Consent Calendar items (minus items CC-C and CC-H). Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, and Tran
No: None
Absent: None
Abstain: None
Mayor Imperial declared said motion duly carried and so ordered
CC MIN: 12-27-05
Page 5 of 8
• . 0
Discussion of Item CC-C - RESOLUTION NO. 2005-47 -ADOPTING AN EXPENSE
AND USE OF PUBLIC RESOURCES POLICY
The impetus of this Resolution is a change in state law brought about by the enactment of
AB 1234, effective January 1, 2006. That law requires cities and other governmental
agencies to adopt expense reimbursement policies within specified parameters.
Recommendation: It is recommended that the City Council, after any changes or
amendments, adopt Resolution No. 2005-47.
Mayor Pro Tern Taylor opposed Councilmember expenditures up to $2,500 per trip without
prior Council approval and made a motion to drop down the maximum amount
Councilmembers can spend without approval to $250. The motion died for a lack of
second.
Councilmember Tran made a motion, with a second by Councilmember Clark, to
approve the policy with an amendment limiting international travel at any amount without
Council approval, with domestic trips requiring Council approval if at a cost above $2,500.
Vote resulted:
Yes:
Clark, Nunez, and Tran
No:
Imperial,Taylor
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered
Discussion of Item CC-H: AWARD OF BID FOR RE-ROOFING AND REPAIR OF THE
DINSMOOR HERITAGE HOUSE, 9632 STEELE STREET
The 2005-06 City budget includes funds for the repair of the Dinsmoor House's tile roof.
Recommendation: It is recommended that the Council award the contract to
the contract to the lowest responsible bidder
Mayor Pro Tem Taylor requested the item be deferred to next council meeting until the
prevailing wage for both contractors is determined.
Councilmember Clark reminded the Council that the roof is leaking and the rainy season is
approaching.
Councilmember Tran asked the Director of Operations at the Dinsmore Heritage House
about the roof condition; he confirmed that the roof is leaking.
CC MIN: 12-27-05
Page 6 of 8
• •
Councilmember Tran made a motion with a second by Councilmember Clark to
approve the recommendation as stated which indicates that the lowest bidder will be
awarded the contract with the stipulation that minimum wage is provided and awarded to
the next lowest bidder if it is not. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor and Tran
No:
None
Absent:
None
Abstain:
None
5. MATTERS FOR DISCUSSION AND ACTION
Councilmember Tran made a motion, with a second by Councilmember Nunez to
request a closed session to discuss possible litigation by the Garvey School District
against the city pertaining to Wal-Mart: Mayor Pro Tem Taylor opposed the closed session
as nothing had been officially filed in writing by the Garvey School district. Vote resulted:
Yes:
Nunez and Tran
No:
Clark, Imperial,Taylor
Absent:
None
Abstain:
None
Councilmember Tran made a motion, with a second by Councilmember Nunez to
request a closed session to discuss the lawsuit filed by Mayor Imperial. Voted resulted
Yes:
Nunez and Tran
No:
Clark, Taylor
Absent:
None
Abstain:
Imperial
For the record, Mayor Pro Tem Taylor declared he did not have time to review Mayor
Imperial's litigation prior to the meeting, as the litigation was filed the morning of the City
Council's meeting.
6. ORAL COMMUNICATION FROM THE AUDIENCE
Steven Ly residing at 3040 Rosemead Place, clarified for the record that his mother is an
official part of the lawsuit as an ex parte plaintiff. Mr. Ly also commented about oral
communication presented earlier in the meeting and defended the corporate policies of
Wal-Mart.
Jim Flournoy residing at 8655 Landis View, spoke about information he received from a
meeting with Caltrans seismologists. He discussed the Beverly Blvd. Bridge along with the
Hellman Bridge and indicated that building codes for both might be insufficient based on
revised earthquake projections. In addition, Mr. Flournoy advocated additional fault
studies are undertaken before construction at the Wal-Mart site destroys trenches.
CC MIN: 12-27-05
Page 7 of 8
• •
Brian Lewin residing at 9442 E. Ralph Street, presented counter arguments regarding Mr.
Ly's favorable claims about Wal-Mart. Mr. Lewin also asked if some type of administrative
penalty had been imposed on PRIDE as a result of the group's posting of political signs on
park property in front of a facility rented from the city.
Assistant City Manager Wagner indicated Code Enforcement personnel did report one sign
on public property and subsequently removed it.
Councilmember Clark asked for clarification about city policies regarding campaign
fundraisers on city property.
Director of Parks and Recreation, Michael Burbank, explained that groups can not petition
or post signs outside of public facilities. Currently there is no punitive recourse for groups
that violate this policy.
Todd Kunioka residing at 8400 Wells Street, spoke against the claim made that Wal-Mart
is good for labor unions and Wal-mart families. Mr. Kunioka also discussed the lawsuit
filed by Mayor Imperial.
ADJOURNMENT
Being no further action to be taken, the meeting was adjourned at 10:00 pm.
The next regular meeting will be held on January 10, 2006, at 8:00 p.m.
Respectfully submitted:
City Clerk
APPROVED:
MAYOR
CC MIN: 12-27-05
Page 8 of 8
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
•
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
minutes from December 27, 2005 were duly and regularly approved and adopted by the
Rosemead City Council on the 27th of June 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain: NONE
1lda
Nina Castruita
Secretary
RESOLUTION 2005-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING
APPEAL AND APPROVING CONDITIONAL USE PERMIT 05-1021,
ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE
BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA
FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING
RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D
(MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390-
010-038).
WHEREAS, on August 11, 2005, Angel Liu, of the Pho King Restaurant, filed an
application for a Conditional Use Permit for anew On-Sale Beer and Wine (Type 41) ABC license
for a bona fide eating establishment;
Use Permit 05-1021 and thereafter adopted Resolution 05-47 making
with regard to the approvals;
WHEREAS, Section 17.112.010 of the Rosemead Municipal Code (RMC) provides
the purpose and criteria for granting conditional use permit;
• That the conditional use permit applied for is authorized by the provisions of this title;
and
• That the granting of such conditional use permit will not adversely affect the established
character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located; and
That the establishment, maintenance or conduct of the use for which the conditional use
permit is sought will not, under the particular case, be detrimental to the health, safety,
morals, comfort, convenience or welfare of persons residing or working in the
neighborhood; and
• That the granting of such conditional use permit will not adversely affect the General
Plan of the city.
WHEREAS, Sections 65800 & 65900 of the California Government Code and Section
ATTACHMENT E
WHEREAS, this property located at 8772 Valley Boulevard is located in the C3-D (Medium
Commercial with a Design Overlay) zone;
0 0
17.124.070 of the Rosemead Municipal Code authorizes the City Council to approve, disapprove, or
modify the decision of the Planning Commission, and its decision shall be final on applications; and
WHEREAS, Section 17.112.100 provides the criteria by which the Planning Commission and
on appeal the City Council may approve, approve with conditions, or deny an application, for anew
ABC license:
• The proposed use complies with all requirements as set forth for the issuance of a
conditional use permit;
• The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with
children on their way to school, interference with shoppers using streets, defacement and
damage to structures;
• The proposed use will not lessen the suitability of any nearby commercially zoned
properties for commercial use;
• The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establishments dispensing alcoholic beverages
including beer and wine. Consideration shall be given regarding whether the proposed
use will detrimentally affect nearby residentially zoned communities, considering
distance to residential buildings, churches, schools, hospitals, public playgrounds, and
other establishments dispensing alcoholic beverages.
. WHEREAS, on November 9, 2005, 32 notices were sent to property owners within a 300-
foot radius from the subject property, in addition to notices posted in 8 public locations on November
12, 2005, specifying the availability of the application, plus the date, time and location of the public
hearing for Conditional Use Permit 05-1021 APPEAL;
WHEREAS, on December 27, 2005, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use Permit 05-1021
APPEAL;
WHEREAS, the Rosemead City Council has sufficiently considered all testimony presented
to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as
follows:
SECTION 1. The City Council HEREBY DETERMINES Conditional Use Permit 05-1021
is entitled to a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA Regulations.
Section 15309 and local enviromnental guidelines exempt projects that consist of inspections to
check for the performance of an operation, or for quality, health, or safety of a project.
• •
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist
to justify approving Conditional Use Permit according to the Criteria of Chapter 17.112.010 of the
Rosemead Municipal Code as follows: .
A. The conditional use permit applied for is authorized by the provisions of this title; and
FINDING: Section 17.112.030.9 of the Rosemead Municipal Code (RMC) allows on-sale
alcohol licenses in the C-1, C-3, CBD and M zones upon the granting of a conditional use permit
(CUP).
B. That the granting of such conditional use permit will not adversely affect the established
character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located; and
FINDING: To prevent any foreseeable negative impacts to the adjacent neighborhood, staff
has added numerous conditions, including but not limited to, graffiti removal, and parking lot and
landscaping upkeep, as well as high quality surveillance equipment.
C. That the establishment, maintenance or conduct of the use for which the conditional use
permit is sought will not, under the particular case, be detrimental to the health, safety,
morals, comfort, convenience or welfare of persons residing or working in the
neighborhood; and
FINDING: To prevent any foreseeable negative impacts that could be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or working in the
neighborhood, staff has added numerous conditions, including but not limited to, the removal of the
entertainment system, the location of patron and employee entrances and exits, and interior lighting
levels.
D. That the granting of such conditional use permit will not adversely affect the General
Plan of the city.
FINDING: The proposed project is consistent would be consistent with the surrounding
commercial properties and land uses in the general area.
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist
to justify approving Conditional Use Permit according to the Permit Issuance Conditions for
Alcoholic Beverage Sales, Section 17.112.100 of the Rosemead Municipal Code as follows:
A. The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with
children on their way to school, interference with shoppers using streets, defacement and
damage to structures;
FINDING: Staff requested a comprehensive incident report from the Sheriffs Department
• •
from January 1, 2004 through September 2005. This report indicates that only two incidents were
reported at this site, for this period. On March 18, 2005, a lost property report was recorded, and on.
May 29, 2005 a burglary report was recorded. Staff has also added numerous conditions prevent any
foreseeable negative impacts to the adjacent neighborhood.
B. The proposed use will not lessen the suitability of any nearby commercially zoned
properties for commercial use;
FINDING: A bona fide public eating establishment would be consistent with the
surrounding con-imercial properties and land uses in the general area.
C. The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establishments dispensing alcoholic beverages
including beer and wine. Consideration shall be given regarding whether the proposed
use will detrimentally affect nearby residentially zoned communities, considering
distance to residential buildings, churches, schools, hospitals, public playgrounds, and
other establishments dispensing alcoholic beverages.
FINDING: The State Department of Alcoholic Beverage Control (.ABC) has
indicated that the subject census tract (No. 4813.00), where this property is located, does not
have an over concentration of On-Sale Beer and Wine licenses.
SECTION 4. The City Council HEREBY DENIES THE APPEAL and APPROVES
established conditions of approval for Conditional Use Permit 05-1021 for a new On-Sale Beer and
Wine (Type 41) ABC license for a bona fide eating establishment, subject to conditions listed in
Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 7. This resolution is the result of an action taken by the City Council on
December 27, 2005, by the following vote:
YES: CLARK, NUNEZ, TAYLOR, and TRAN
NO: IMPERIAL
ABSENT:
ABSTAIN:
SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant, the appellant and the Rosemead Planning Department.
PASSED, APPROVED and ADOPTED
Jil ("&A-
NCastruita, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
L]
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2005-41 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DENYING APPEAL AND APPROVING
CONDITIONAL USE PERMIT 05-1021, ESTABLISHING
CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND
WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE
PUBLIC EATING ESTABLISHMENT AT THE PHO KING
RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE
C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY)
ZONE (APN 5390-010-038).
was duly and regularly approved and adopted by the Rosemead City Council on
the 27th of December 2005, by the following vote to wit:
YES: CLARK, NUNEZ, TAYLOR, TRAN
NO: IMPERIAL
ABSENT: NONE
ABSTAIN: NONE
~J'i'
Nina Castruita
City Clerk
• •
EXHIBIT "A"
CONDITIONAL USE PERMIT 05-1021
8772 Valley Boulevard
(Pho King Restaurant)
F TON A ~
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(?e erp Y. ~'LVUJ
1. Approval of Conditional Use Permit 05-1021 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and
accepts all of the conditions set forth in the letter of approval and this list of conditions
within ten (10) days of approval.
2. Conditional Use Permit 05-1021 is approved for six (6) months from the date of these
conditions. The applicant shall make progress towards initiation of proposed use or request
an extension 30 days prior to expiration from the Planning Commission. Otherwise
Conditional Use Permit 05-1021 shall become null and void.
A status report will be prepared by the Planning Department, to update the Planning
Commission and City Council on the restaurant's compliance, one year from the date of the
restaurant's first alcohol beverage sale.
4. Conditional Use Permit 05-1021 is for an On-Sale Beer and Wine (Type 41) alcohol license.
All requirements and appropriate licenses of the State of California and California State
Department of Alcohol Beverage Control shall be complied with and maintained at all times.
No alcohol is to be sold for off-sale consumption.
5. The following conditions must be complied with to the satisfaction of the Director of
Planting prior to final approval of the associated plans, building permits, occupancy permits,
or any other appropriate request.
06 The hours of operation shall be posted on the front window or door. Hours of operation shall
be limited to the hours of 8 AM to 11 PM.
7. The property shall comply with all appropriate Federal, State, and local laws relative to the
approved use including the requirements of the Planning, Building, Fire, and Health
Departments regulations.
All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition. Any trash area with grease containers
shall have a roof structure in accordance with NPDES standards, subject to review of the
Building Department.
The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within
twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307-0463 for
assistance.
10. The site shall be maintained in a clean, weed and litter free state in accordance with Sections
832.010, .020, .030 and .040 of the Rosemead Municipal Code, which pertains to the
storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All
trash containers shall be stored in the appropriate trash enclosure at all times.
11. The parking area, including handicapped spaces, shall be paved and re-painted periodically to
City standards to the satisfaction of the Planning Department. In accordance with Chapter
17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such
striping shall be maintained in a clear, visible, and orderly manner.
12. The numbers of the address signs shall be at least six (6) inches tall with a minimum
character width of inch contrasting in color and easily visible at driver's street level. The
location, color, and size of such signs shall be subject to the Planning Director's approval.
13. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free
of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet.
A current letter grade issued to the business by the LA County Dept. of Health Services shall
be properly posted at the restaurant.
The applicant shall comply with Ordinance No. 567, which requires the posting of a sign
prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots
and public sidewalks. Such signs are subject to the planning director's approval.
Window signage area shall be limited to a maximum of 15% of the window and door area.
The applicant shall remove all that signage which exceeds the 15% coverage area.
17. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically,
signs shall not cover more than 15% of window area or 25% of wall areas. All signs must
comply with Section 17.104.080 regarding identification of the business in English. All
illegal signs without permits shall be removed. New signs require that plans be submitted to
the Planning Department for review.
All patron and employee entrances and exits must be through the front door on Valley
Boulevard. The back door must be kept closed to the public at all times. The back door
shall be limited to the delivery of supplies for the restaurant.
19. Interior lighting must be maintained at a level approved by the City and Sheriff's
Department.
20. Plywood above rear service entrance at top of wall shall be stuccoed to match building.
0 0
The applicant shall remove all audio-visual entertainment system equipment from the
restaurant. No karaoke type machine shall be permitted in the establishment.
The restaurant shall not be permitted to allow any type of Entertainment or Dance
Business License, until such time it is granted by the City Council after applicable
hearings are held.
23. The applicant shall remove all California Lotto signs and miscellaneous posters from
the exterior of'the building.
24. The office space designated on the site plan, labeled Exhibit B, shall be re-designated as
storage space.
25. The applicant shall submit an elevation plan, indicating a proposed window treatment
for the front window to screen the storage items in the storage room from public view.
This plan shall be approved by the Planning Department.
26. A security system shall be designed to the satisfaction of the Sheriffs Department,
which shall include surveillance of arrivals, departures, and parking areas from the
office and security hardware, cameras, alarms, and lighting.
27. The subject property is approved for restaurant use and beer and wine are served only to
accompany meals. The sale of alcohol shall be limited to the hours of operation for the
restaurant.
Any changes to the conditions of operation listed in this Exhibit "A" must first be approved
by the Planning Commission through a modification application.
29. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
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