CC - 09-09-08Minutes of the
REGULAR CITY COUNCIL MEETING
September 9, 2008
The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m.
in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
FLAG SALUTE: Council Member Clark
INVOCATION: Council Member Low
ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tern
Nunez, Mayor Tran.
OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki,
Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation
Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer
Marcarello, and City Clerk Molleda.
1. PUBLIC COMMENT FROM THE AUDIENCE
Julie Gentry - addressed City Council and asked if the General Plan would be changing the
zoning on 8915, 8909, and 8903 Nevada Avenue to R1; felt this would be opening the doors to
developers.
Staff clarified that had been an error printed on the draft general plan and it would be corrected
Marlene Shinen - spoke in regards to an email sent to Margaret Clark by Peter Wallen. She
stated Global Settlement under authorization of Wal-Mart paid Save Our Community $400,000 in
settlement.
Juan Nunez - stated that on a previous meeting he had asked for how many businesses had been
closed and asked if that information was available. He also asked if the new shuttle was now
charging seniors for riding it.
Dr. Lillian Sacco - addressed Council in regards to improving access to City Hall for people with
physical disabilities as required by the Disability Act.
Holly Knapp -thanked the City for being sponsors to their People for People Golf Tournament.
Also asked that the City put back in the Council Chamber the pictures of the previous Council
Members who served the City of Rosemead.
Marlene Shinen - read a letter for Dr. Lillian Sacco which spoke against the City Charter
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Anna Torres - address the City Council in regards to Park Monterey on Garvey Avenue. She
informed Council that three of the mobile homes had received letters informing them that they
would have to move by next year.
Gilbert Ramirez - spoke in regards to Park Monterey and stated he was very concern about the
newspaper article that had been published and had addressed the relocation of the residents in
Park Monterey.
2. PRESENTATIONS
A Plaque of Recognition was presented to Deputy Bob Chivas for his 7 years on the Rosemead
Special Assignment Team.
A Certificates of Congratulations was presented to Sergeant Mark Wright; however he was not able
to attend tonight's meeting.
Sergio Nava, Oscar Magan, and Nora Mnguia, representatives of the Rosemead Youth Association
presented a power point presentation to Council regarding their baseball league.
3. CONSENT CALENDAR
A. Minutes
August 26, 2008 - Special Meeting
B. Resolution No. 2008.62 Claims and Demands
Recommendation: Adopt Resolution No. 2008-62, for payment of City
expenditures in the amount of $1,246,097.95 numbered 59739 through 59797
and 63620 through 63740.
Council Member Taylor made a motion, seconded by Mayor Pro Tern Nunez, to approve the
Consent Calendar. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
4. MATTERS FROM CITY MANAGER & STAFF
A. Rosemead Boulevard Relinquishment
On December 11, 2007, the City Council directed staff to look further into the
possible relinquishment of State Route 19 (Rosemead Boulevard) within city limits.
In addition, the City Council approved a capital project in the City's Fiscal Year
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Minutes of September 9, 2008
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2009 budget to help with the process, including updating a roadway condition
assessment prepared in 2005 and possibly engaging an outside consultant to help
assist in negotiations with the California Department of Transportation (Caltrans).
As part of the City Council's direction, staff has prepared a resolution that will
authorize the City Manager to proceed with the relinquishment process and
engage Caltrans in negotiations related to the process.
Recommendation: That the City Council:
1. Approve Resolution No. 2008-63, authorizing the City Manager or
designee, to ask our State Legislators to introduce legislation that
proposes the relinquishment of State Route 19 in the City of
Rosemead city limits.
2. Designate the City Manager, or designee, as the authorized
representative to act as the City's representative in all negotiations
related to the relinquishment of Rosemead Boulevard.
3. Authorize staff to solicit proposals to update the Rosemead Boulevard
Condition assessment study prepared in 2005.
Brian Lewin - stated he was glad to see this item back on the agenda and stated he supported
staff's recommendations.
Juan Nuriez -Asked what good this would bring to the City. He also addressed staff and told
them there was a lot of trash on Garvey Boulevard.
Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to approve staff's
recommendations. Vote resulted in:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Abstain: None
Absent: None
B. Request for an Entertainment & Dance License for VIP Restaurant located at
8772 Valley Boulevard
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.
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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.
Recommendation: That the City Council approve the Entertainment and Dancing
License request, subject to the previously approved conditions in CUP 05-1021.
Mayor Pro Tem Nunez made a motion, seconded by Council Member Low, to approve the
Entertainment and Dancing License request, subject to the previously approved conditions
in CUP 05-1021. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
5. MATTERS FROM MAYOR & CITY COUNCIL
A. Rosemead School District Bond Measure 0
Recently, Rosemead School Board Member Dennis McDonald submitted a
request that the Rosemead City Council consider supporting the Rosemead
School District's Bond Measure 0, which is slated to be considered by the voters
this coming November. Bond Measure 0 seeks to issue $30 million in bonds for
classroom modernization efforts.
Recommendation: That the City Council provide direction regarding this matter.
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Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to support Bond
Measure 0. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Murder Reward Information
At the August 26, 2008 City Council meeting, Council Member Taylor requested
that an item be agendized related to the status of the rewards for the arrest and
conviction of any person or persons responsible for two murders in the City of
Rosemead.
Since then, staff has been working with the Los Angeles County Sheriff's
Department to formulate a plan for distribution of the reward information material.
Based upon these discussions, the Sheriff's Department has offered to have
cadets distribute the material to residents and businesses located within 300 feet
of each incident. In turn, staff would recommend to the City Council that the City
pay for all costs associated with copying of the informational handouts. The cost
for duplication would be minimal.
Distribution of the material is scheduled for September 17, 2008 unless otherwise
directed by the City Council.
Recommendation: That the City Council approve the distribution plan for the
reward information.
Council Member Taylor made a motion, seconded by Mayor Pro Tern Nunez, to approve the
distribution plan for the reward information. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
C. Cal Poultry Proposed Renovation
Council Member Taylor has requested that the Cal Poultry proposed renovation be
agendized for discussion by the City Council.
On May 15, 2008, staff advised the City Council in closed session, that Mr. Quan
Phu (owner of Cal Poultry located at 8942 Garvey Avenue) was requesting that he
be able to renovate his facility to incorporate a more robust air filtration system to
help alleviate any potential odors generated by the use.
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During that closed session meeting, the City Council provided staff with direction
related to processing his project. Given that direction, Mr. Phu has recently
submitted an application for a municipal code amendment that would allow for live
poultry slaughtering and related retail sales in a light manufacturing (M-1) zone.
Staff is currently processing this application and will be scheduling it for the
Planning Commission's and ultimately the City Council's consideration in October.
Recommendation: That the City Council provide direction as it relates to the
future processing of the Cal Poultry proposed renovation
Phyllis Turry - spoke against the Cal Poultry business and added that if this business is allowed
to become M1 then nothing would stop another business asking to also become M1.
No action was taken on this item.
Mayor Tran recessed the meeting to Closed Session at 9:05 p.m.
6. CLOSED SESSION
The City Council will recess to a Closed Session pursuant to:
1) Government Code 54956.9(a):
Conference with Legal Counsel - Existing Litigation
Name of Case: Randy Hato and Robert Ballin v. City of Rosemead
The Council reconvened back from Closed Session at 9:30 p.m. There was no reportable
action taken.
7. ADJOURNMENT
The City Council meeting was adjourned at 9:30 p.m. The next City Council meeting is scheduled
to take place on September 23, 2008 at 7:00 p.m.
Margaret lark
Mayor
ATTEST:
a
Gloria Molleda,.City Clerk
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Minutes of September 9, 2008
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the
minutes from September 9, 2009, were duly and regularly approved and adopted by the
Rosemead City Council on the 13'h of January 2009, by the following vote to wit:
Yes: Low, Nunez, Tran
No: Clark, Taylor,
Abstain: None
Absent: None
Ili c a 6u W104
Gloria Molleda
City Clerk