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CC - 09-25-01• CITY OF I OSF_ EAD MINUTES OF THE REGULAR MEETING BYTE O o D ROSEMEAD CITY COUNCIL SEPTEMBER 25, 2001 The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:02 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Vasquez The Invocation was delivered by Reverend Tony Rodriguez of the Rosemead I't Presbyterian Church ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Taylor,Vasquez, Mayor Pro Tern Bruesch, and Mayor Imperial Absent: None APPROVAL OF MINUTES: - JULY 24, 2001, REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Minutes of the Regular Meeting of July 24, 2001, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. The following item was taken out of order in deference for those in the audience wishing to speak on this item: V. MATTERS FOR DISCUSSION AND ACTION B. REQUEST TO USE CITY FACILITIES FOR A FUNDRAISER , Holly Knapp, 8367 E. Whitmore, Rosemead, introduced Edward Shyu, Director of Child Evangelism Fellowship, and stated that they were present to answer any questions. MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council approve the use of the facility and approve the request for a waiver of the City's fee of 60% of the proceeds collected. Yes: Bruesch, Imperial, Clark, Vasquez No: None Absent: None Abstain: Taylor The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he is not opposed to the fundraiser, but he has not received the parent organization's financial report that he requested last week. Mr. Shyu stated that he is not able to access that information at the national level, but he can provide the financial report for their local chapter. CCAGENDA:9-25-01 Page 91 Councilman Taylor stated that he has an obligation to understand where the money is going. Mr. Taylor requested that this item be returned to discuss the policy portion, as he is not in agreement with the City taking 60% of the funds that are raised by a non-profit organization trying to help with human issues. Mr. Taylor pointed that the 60% fee is in place to discourage groups from outside the City using a public facility to put on a bird or dog show, etc. Mr. Taylor stated that he would like the Council to reconsider eliminating the 60% fee, especially for humanitarian non-profit groups. Mayor Pro Tern Bruesch added that this fee was established years ago to prevent commercial enterprises and fraternal organizations outside the City from using City facilities to collect funds, at times preventing local groups from accessing the busy Centers. Mr. Bruesch agreed that the policy needs to be discussed and re-worded to waive the fees for humanitarian, family and children types organizations that affect Rosemead residents. Councilman Taylor requested clarification that Mr. Shyu was not able to obtain a financial statement from their national headquarters. Mr. Shyu stated that all he could provide is the local level financial statement. Councilman Taylor confirmed that Mr. Shyu's organization gives 10% of their earnings to the State organization. Mr. Taylor stated that he has no bias against Mr. Shyu's group at all. Councilwoman Clark confirmed to Mr. Shyu that the Council approved their request to waive the 60% portion of the proceeds collected, but the Council wants to discuss the policy portion. PRESENTATIONS: The Council presented a proclamation to 12 year old Christopher "Bubba" Norment for rescuing a 19 month-old baby from drowning at his grandmother's day care facility, and then calling "911" for paramedic assistance. Assistant Fire Chief Dan Scott and Fire Station 42 firefighters were present. Captain Knott presented Christopher with a proclamation from the Los Angeles County Fire Department. Tina Herzog, representing Supervisor Gloria Molina's office, also presented a proclamation. Mayor Pro Tern Bruesch announced that he has the address for anyone wanting to donate to the memorial fund honoring firefighters that died while rescuing people from the World Trade Center. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, complained about a house that has numerous yard sales; a truck that was being loaded in the middle of Garvey Avenue near the auto auction; the daylaborers that litter the streets with newspapers from the news racks, and that Del Mar Foods displays their merchandise outside of the store. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 01-832; APPEAL The staff report was presented by Don Wagner, Assistant City Manager: The Mayor opened the public hearing for those wishing to speak on this item. CCAGENDA:9-25-01 Page a2 Ira Handelman, of Handelman Consulting, 3550 Wilshire Boulevard, Los Angeles, consultant for 7/11 Convenience Market, stated that they agree to all four conditions. Mr. Handleman continued that 7/11 will be investing $2 million in site purchase, construction and landscaping. This 7/11 store will be a new concept with expanded services. Mr. Handelman continued that 7/11 is committed to encouraging local businesses, and that preference will be given to a Rosemead resident or business owner applicant for purchase of this franchise. Mr. Handelman concluded that the corporation has an excellent track record, and that they will be buying an existing liquor license. There will be no increase in the total number of liquor licenses. Dan Porter, 32914 Brooksee Drive, Trabuco Canyon, Urban Investment Trust, stated that his company works for the 7/11 chain on a national basis. Mr. Porter stated that 7/11 wants to invest $2.3 million at the Hellman/San Gabriel site to develop a state-of-the-art gasoline/convenience store that the community can be proud of Mr. Porter stated that not having a beer/wine license would be detrimental to the economics of the overall business. 99.5% of the 7/11's, nationally, sell beer and wine, as well as every 7/11 in the San Gabriel Valley. Mr. Porter continued that that intersection presently looks the way it does because other businesses were not willing to make the investment to remodel or rebuild the service station because they were unable to get the beer/wine license approved. The beer/wine sales represents about 10% to 15% of their sales. Mr. Porter addressed consumer expectations - people know what to expect out 0177/1 I's, and if their shopping needs are not met, they'll go elsewhere. Mayor Imperial asked what type of security will be provided. Mr. Porter responded that security cameras will be mounted throughout the operation. The building will be a full glass storefront, with the cashier location in that area. Mayor Imperial asked if they would be willing to place security guards, should that become necessary. Mr. Porter responded that 7/11 has not had to do that nationally, but, should the situation warrant that, they would be receptive. Mayor Pro Tern Bruesch asked if 7/11 has any anti-theft programs. Mr. Porter responded that 7/11 practices sound operational practices regarding theft and safety. Mr. Porter explained that the 7/11's use auto bank safes. Amounts over $40.00 are deposited down into a time-delayed safe. Mayor Pro.Tem Bruesch requested information on anti-theft programs to prevent "stop and go" robberies because of the close proximity of the freeway. Mr. Bruesch continued that that corner has a history of loitering and asked if 7/11 will be able to institute any type of anti- loitering program. Mr. Porter responded that 7/11 does not want to have loiterers hanging around in front of their businesses as it detracts from their appearance and consumers don't want to be hassled by them either. Mr. Porter stated that he will gather a packet of information for the Council. Mayor Pro Tern Bruesch addressed the traffic flow problems at that intersection and the additional traffic that will be impacted by the 7/11, especially on weekends. Shoye S. Iwo, owner of property at 8205 E. Hellman Avenue (Double 8 Market) stated that he is against selling alcohol at the same location as a gas station. The owner stated that the news media emphasizes that easy access to alcohol creates excess drinking and the close freeway location contributes to violence and crime. Amateed Carr, 9033 Camino Real, San Gabriel, business owner across the street from the proposed 7/11. Ms. Carr stated that she purchased her business about two years ago, and that 7/11 will be a huge competitor. Ms. Carr continued that prior to purchasing her business, she CCAGENDA:9-25-01 Page #3 • contacted the Planning Department and was assured that the then Arco Station would not be permitted an ABC license. There being no one else wishing to speak, the Mayor closed the public hearing. Councilman Vasquez stated that he favors the project. MOTION BY COUNCILMAN VASQUEZ, SECOND BY MAYOR PRO TEM BRUESCH the Council approve the appeal with the following conditions to be added to the list of conditions for the project: That a Rosemead resident or business owner shall be given preference over the other applicants for the purchase of this franchise; that the applicant (7-11 convenience store) shall purchase one existing off-sale beer and wine license within or adjacent to the subject census tract and transfer said license to this location; the applicant shall post signs stating "possession of open alcoholic beverages on the premises prohibited by law"; and the appropriate license from the California Alcoholic Beverage Control shall be maintained at all times. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. PUBLIC HEARING - CONSIDERATION OF THE NEGATIVE DECLARATION PREPARED FOR THE OLNEY, RALPH, HART STORM DRAIN IMPROVEMENT PROJECT Don Wagner, Assistant City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to address this item. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN TAYLOR that the Council adopt and approve the Negative Declaration. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. PUBLIC HEARING: RESOLUTION NO. 2001-30 - CERTIFICATE OF COMPLIANCE WITH THE LOS ANGELES COUNTY CONGESTION MANAGEMENT PROGRAM Don Wagner, Assistant City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to address this item. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council adopt Resolution No. 2001-30. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None CCAGENDA:9-25-01 Page a4 Abstain: None The Mayor declared said motion duly carried and so ordered. M. LEGISLATIVE A. RESOLUTION NO. 2001-27 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2001-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,225,737.89 NUMBERED 34802 THROUGH 35182 Don Wagner, Assistant City Manager, stated that check no. 35060 to Fassberg Construction in the amount of $15,271.39 was voided and that same amount was pre-issued in the Claims and Demands Resolution No. 2001-29. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN CLARK that the Council adopt Resolution No. 2001-27. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested backup information on checks issued to the County Clerk's office for filing fees. B. RESOLUTION NO. 2001-28 - CLAIMS AND DEMANDS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $736,861.40 NUMBERED 35191THROUGH 35245 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2001-28. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 2001-29 - CLAIMS AND DEMANDS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $549,281.60 NUMBERED 35253 THROUGH 35412 MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN CLARK that the Council adopt Resolution No. 2001-30. Vote resulted: CCAGENDA:9-25-01 Page a5 • Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 2001-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING SUPPLEMENTAL AGREEMENT NO. 002-M TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5358 MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM BRUESCH that the Council approve Program Supplemental Agreement No. 002-M, adopt Resolution 2001-31, and authorize the Mayor and City Clerk to execute Program Supplemental Agreement No. 002-M. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A 5-minute recess was taken at 9:15 and reconvened accordingly. IV. CONSENT CALENDAR The following item was taken out of order in deference to those in the audience wishing to speak on this item: CC-C REQUEST TO WAIVE FEES FOR OCCUPANCY PERMIT-9241 VALLEY BOULEVARD, #104 Thuong Le, 9241 Valley Boulevard, #104, Rosemead, representing the Vietnamese American Seniors Association, stated that his organization is facing a hardship, as they are a non-profit organization with no income, and rely solely on donations from the Vietnamese community. Mr. Le stated that paying the fee would leave them financially unsound and that the organization could not survive for another year. Mr. Le requested that the Council waive their fees. Councilman Taylor pointed out that the Council just allowed a group from Arcadia to waive the 60% fee to the City for funds collected, the City gives the Rosemead Boys and Girls Club approximately $30,000 a year, and gave the RYA $3,000 to help pay for their cost to go to the playoffs. The Vietnamese American Seniors Association is another humanitarian type organization that operates on a small yearly budget. Mr. Taylor stated that he does not want to set a precedent, but $364 is not an unreasonable amount being requested. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM BRUESCH that the Council grant the fee waiver request by the Vietnamese American Seniors Association in San Gabriel Valley. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCAGENDA:9-25-01 Page #6 The following item was taken out of order in deference for those in the audience wishing to speak on this item. VII. MATTERS FOR DISCUSSION AND ACTION B. CONSIDERATION OF PROPOSAL FROM MS. AMERICA, SUSAN JESKE FOR A HIGH SCHOOL PRESENTATION ON STUDENTS AGAINST VIOLENCE AND THE IMPORTANCE OF EDUCATION Don Wagner, Assistant City Manager, corrected the staff recommendation authorizing the expenditure of COP funds, rather than LLEBG funds. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN CLARK that staff be directed to coordinate the event with Ms. Jeske and Rosemead High School, and authorize the expenditure of COPS funds in an amount not to exceed $1,000. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. At this time Councilwoman Clark requested that Assistant Fire Chief Dan Scott come to the podium to discuss concerns from the Council. Councilwoman Clark stated that she was, concerned with the possibility of biological warfare and asked how would the City coordinate with the Fire Department to notify the residents of such an attack. Assistant Chief Scott responded that he will gather information and work with City staff on coordinating a notification process. For the present, television and radio can be used for mass communication; some cities have the ability to notify their residents through the telephone; the Sheriff's or volunteers can go door-to-door , and use bull horns up and down the streets. At this time, the Council returned to the Consent Calendar. IV. CONSENT CALENDAR (Items CC-I and CC-J were removed for discussion purposes) CC-A AUTHORIZATION TO ATTEND THE ANNUAL CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION CONFERENCE, OCTOBER 20-22, SACRAMENTO CC-B REQUEST TO EXTEND "NO PARKING" CURB AT 8657 GRAND AVENUE - CALIFORNIA AMERICAN WATER COMPANY - ITEM TO BE CONTINUED TO 10/9/01 CC-D APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AUTHORIZING ALLOCATION OF CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM ("CLEEP") FUNDS FOR THE PURPOSE OF FUNDING CITY PORTION OF LOS ANGELES REGIONAL CRIME INFORMATION SYSTEM ("LARCIS") CC-E SELECTION OF JOHN BAIRD FOR ART CONSERVATION SERVICES, AND JOHN MORAN AUCTIONEERS FOR SALE OF ROSE PAINTING CCAGENDA:9-25-01 Page o7 0 CC-F REQUEST FROM CONSOLIDATED DISPOSAL SERVICES (CDS) FOR ANNUAL ADJUSTMENT OF RESIDENTIAL AND COMMERCIAL REFUSE RATES CC-G RENEWAL OF AGREEMENT - STREET TREE MAINTENANCE CC-H RELEASE OF BONDS - TRACT 52575; 3331 BURTON AVENUE CC-K AUTHORIZATION TO ATTEND 17TH ANNUAL INFORMATION DEVELOPMENT CORPORATION USER CONFERENCE, NOVEMBER 5-7, 2001, SAN DIEGO CC-L AUTHORIZATION TO ATTEND CALIFORNIA PUBLIC EMPLOYEES LABOR RELATIONS ASSOCIATION ANNUAL TRAINING CONFERENCE, NOVEMBER 6-9,2001, MONTEREY MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council adopt the aforementioned items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-I ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF HELLMAN AND JACKSON AVENUES AND AT THE ENTRANCE TO THE GARVEY COMMUNITY CENTER AND CITY-WH)E SCHOOL SIGNAGE Councilman Taylor confirmed that the City received only one bid for this project. Ken Rukavina, City Engineer, responded that this was the second time this project was bid. The first time, no one turned in a bid. The project was then re-advertised and one bid was received, even though the large traffic signal contractors purchased plans and specs. Councilman Taylor requested a list of the contractors that took out plans and specs the first and second times. MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN CLARK that the Council accept the bid and award the project to L.A. Signal, Inc., in the amount of $345,384.00; and authorize the Mayor to sign the contract on behalf of the City. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered.. CC-J APPROVAL OF SCANNING SERVICES Councilman Taylor asked if once the 102,000 pages are scanned, will the originals be stored off-site, and will the items now stored at Iron Mountain be scanned too. Mr. Taylor asked what the other documents are to be scanned. Mr. Taylor requested that this item be deferred to the next meeting. CCAGENDA:9-25-01 Page 08 6 6 There being no objection, this item was deferred to the next meeting. V. MATTERS FOR DISCUSSION AND ACTION A. SELECTION OF DATE FOR TRAFFIC COMMISSION INTERVIEWS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Traffic Commission interviews be held on Tuesday, October 16, 2001, at 5:00 p.m. in the City Hall Conference Room. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. REQUEST FROM COMMISSIONER HOLLY KNAPP FOR RE- APPOINTMENT TO THE TRAFFIC COMMISSION MOTION BY COUNCILWOMAN CLARK, SECOND BY COUNCILMAN VASQUEZ that the Council re-appoint Holly Knapp to the Traffic Commission. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, Vasquez No: None Absent: None Abstain: None B. MAYOR IMPERIAL Stated that Frank Tripepi, City Manager, is excused from tonight's meeting as he is attending the ICMA Conference in Salt Lake City, Utah. At this meeting he will receive his 30- year plaque as City Manager. Mr. Imperial continued that Mr. Tripepi is the longest tenured City Manager in California. Nationwide, Mr..Tripepi is only one of 147 City Managers with over 20- years of service with the same City. Mr. Imperial suggested that a plaque be made in tribute to Mr. Tripepi. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:00 p.m. in memory of the New York, Washington, D.C. and Pennsylvania victims of the September l lm terrorist attacks, and in memory of Deputy Jake Kuredjian, struck down in the line of duty, and in memory of Nancy Rawding, Mother of Nancy Kress. The next regular meeting will be held on Tuesday, October 9, 2001, at 8:00 p.m. Respectfully submitted: City Clerk CCAGENDA:9-25-01 Page 49 APPR (1 VR1)