CC - 09-26-00APPROVED
CITY F R SEMF.AD
MINUTES OF THE REGULAR MEETING DAT
ROSEMEAD CITY COUNCIL RY _
SEPTEMBER 26, 2000
The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Councilman Bruesch
The Invocation was delivered by Pastor Ken Fong of Evergreen Baptist Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Taylor, Vasquez, Mayor Pro Tem Imperial, and
Mayor Clark
Absent: None
APPROVAL OF MINUTES: -None
PRESENTATIONS: None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
John Logan, 4038 Temple City Boulevard, presented a program developed by the
California Department of Corporations to protect citizens against illegal telemarketing and
investment fraud. Mr. Logan suggested presenting this project to the seniors in Rosemead.
Fernando Wong, 2200 Olympic Boulevard, Los Angeles, remarked on possible problems
should the Council overpower employees, this will cause them to react to the extreme and
infringe on people's rights.
H. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the two public hearings was
presented by the City Attorney.
A. PUBLIC HEARING TO CONSIDER RECOMMENDED EXPENDITURES
OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDS
Frank Tripepi, City Manager, opened the public hearing.
The Mayor opened the public hearing for those in the audience wishing to speak on this
matter.
There being no one wishing to speak, the Mayor closed the public hearing.
MOTION BY COUNCILMAN VASQUEZ, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council approve the appropriation of Citizens' Option for Public Safety
(COPS) funds in the amount of $387,500 from unappropriated reserves per the recommendations
contained in the Sheriff's Department report for FY 1999-2000. Vote resulted:
Yes:
No:
Absent:
Abstain:
Bruesch, Taylor, Clark, Vasquez, Imperial
None
None
None
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The Mayor declared said motion duly carried and so ordered.
B. PUBLIC HEARING TO CONSIDER LOCAL LAW ENFORCEMENT
BLOCK GRANT (LLEBG) PROGRAM FUNDING
Frank Tripepi, City Manager approved the staff report.
The Mayor opened the public hearing for anyone in the audience wishing to speak for or
against this item.
There being no one wishing to speak, the Mayor closed the public hearing.
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
BRUESCH that the Council approve the funding recommendation of the LLEBG Advisory
Board for FY 2000-2001 and approve matching funds of $13,306 from unappropriated reserves.
Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
HI. LEGISLATIVE
A. RESOLUTION NO. 2000-47 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$362,769.84 NUMBERED 31716 THROUGH 31849
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council adopt Resolution No. 2000-47. Vote resulted:
Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO.2000-48 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD CALLING AND GIVING NOTICE OF
HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY,
MARCH 6, 2001.
The following resolution was presented to the Council for adoption:
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RESOLUTION NO. 2000-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH
6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH
that the Council adopt Resolution No. 2000-48. Vote resulted:]
Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered
C. RESOLUTION NO. 2000-49 - A RESOLUTION OF THE CITY COUNCIL
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2001
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 2000-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, CALLING THE GIVIN NOTICE OF THE HOLDING OF A
GENERAL MUNCIPAL ELECTION TO BE HELD ON TUESDAY, MARCH
6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council adopt Resolution No. 2000-49. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
D. ORDINANCE NO. 813 - AN ORDINANCE OF THE CITY COUNCIL
ADDING CHAPTER 5.42 TO THE ROSEMEAD MUNICIPAL CODE TO
CREATE OPERATIONAL STANDARDS FOR HOTELS AND MOTELS
The following Ordinance was presented to the Council for adoption:
ORDINANCE NO. 813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADDING CHAPTER 5.42 TO THE ROSEMEAD MUNICIPAL CODE TO
CREATE OPERATIONAL STANDARDS FOR HOTELS AND MOTELS AND
AMENDING SECTION 17.112.030 AND 17.48.020 OF THE CODE
REGARDING CONDITIONAL USE PERMIT REQUIREMENTS FOR SUCH
USES - ADOPT
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Frank Weiser, 3460 Wilshire Boulevard, Los Angeles, attorney for the Rosemead
Hotel/Motel Association voiced his association's objections for the record. Mr. Weiser referring
to Ordinance No. 813, Section 15.040.100 - Preventing Register Inspection Prohibited, stated
that language was added to read "...reasonable prior notice or for reasonable cause..." Mr.
Weiser stated that the language should be "...and for reasonable cause..." as one has to have
reasonable cause to come onto a property.
Councilman Taylor objected as reasonable cause can be an immediate situation, such as a
Deputy following a car into the parking lot. Mr. Taylor stated that "and" is both, whereas "or" is
one or the other.
Mr. Weiser stated that "reasonable cause" gives the right to expect a judge to determine
whether a warrant should be issued or not. Mr. Weiser agreed with Councilman Taylor as his
example stated goes beyond "reasonable cause" and is more of an emergency type situation. Mr.
Weiser continued that prior notice should be given and for a reasonable cause. This would allow
the owners to have due process notice ahead of time to give them ample time to decide what their
options are.
Councilman Taylor stated that he favors leaving the Ordinance as is
Mr. Weiser stated that there has to be reasonable cause to inspect the register, whether
there is prior notice or not.
Councilman Taylor stated that Mr. Weiser's clients have the option to call him if they
feel they have not been given a reasonable cause for inspection.
Councilman Bruesch stated that if the Ordinance states "and", and if an owner is
violating the room rental Ordinance and prior notice is required, what would prevent the owner
from forging the names on the log in the meantime?
Mr. Weiser stated that there is a right to judicial review to determine if there is reasonable
cause or not. Mr. Weiser stated that reasonable cause is always required.
Councilman Bruesch stated that not once in his 17 years on the Council has a hotel/motel
owner come to City Hall to complain that their rights are being usurped.
Mr. Weiser concluded that "reasonable cause" is an absolute constitutional minimum and
by putting in the word "or" does not meet that requirement.
Wilson Wang, 3152 Redhill Avenue, Costa Mesa, representing the Hotel/Motel Owner's
Association of Southern California, requested that the Council postpone their decision today.
Mr. Wang stated that some of the items in the Ordianance are repeating the issues that were in
litigation and that the Courts have ruled that some of the regulations are unconstitutional to the
businesses.
Frank Tripepi, City Manager, stated that the Council has had to listen to many questions
and discussions for the past few meetings as to why the motels/hotels need to be regulated, why
there are requirements, why is the C.U.P. required, etc. Mr. Tripepi read a letter from a woman
who stayed at a motel owned by someone that spoke at the last Council meeting and has been in
business for at least 18 years. The gist of the letter outlined the myriad of problems the woman
and her children encountered during their stay of a few hours at the motel. Some of the problems
encountered were torn curtains of which she was given paper clips to close them with; no central
lighting and had to replace the bulb herself, but it didn't work anyway as the fixture was broken;
no toilet paper nor holder, an inadequate supply of towels for four people and was refused extra
towels, feces on the wall, broken mattress springs, etc. They left in fear after spotting a peeping
tom looking in the window. Upon requesting their money back the next day, the owner refused.
Mr. Tripepi concluded that this may answer some of the questions as to why the Council feels it
is necessary to regulate these businesses.
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MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
BRUESCH that the Council adopt Ordinance No. 813. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
E. ORDINANCE NO. 814 - AMENDING SECTION 17.124 OF TH
ROSEMEAD MUNICIPAL CODE WHICH WILL AMEND THE APPEAL
PROCESS FOR VARIANCE AND CONDITIONAL USE PERMIT
APPLICATIONS - ADOPT
The following Ordinance was present to the Council for adoption:
ORDINANCE NO. 814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ORDINANCE NO. 814, AMENDING SECTION 17.124.070 OF
THE ROSEMEAD MUNICIPAL CODE REVISING APPEAL PROCEDURES
OF PLANNING COMMISSION DECISIONS ON VARIANCE AND
CONDITIONAL USE PERMIT ENTITLEMENTS
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council adopt Ordinance No. 814. Vote resulted:
Yes:
Bruesch, Clark, Vasquez, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (CC-C was removed for discussion purposes)
CC-A REQUEST FOR VISIBILITY OF NORTHBOUND TRAFFIC AT 2728-
2734 WALNUT GROVE AVENUE
CC-B RENEWAL OF AGREEMENT- STREET TREE MAINTENANCE
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council approve the foregoing items on the Consent Calendar. Vote
resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-C ACCEPTANCE OF STREET IMPROVEMENTS ON VALLEY
BOULEVARD (CHARLOTTE AVENUE TO EATON WASH)
Councilman Taylor, referring to Change Order 16, asked why there are no dollar amounts
listed when the City was to get credit back when the trees changed from 36" box trees down to
24" trees.
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Ken Rukavina, City Engineer, replied that Change Order 16 deleted the original bid item
for the 36" box trees, and that 51A was added to install the 24" box trees. Mr. Rukavina
explained that the City did not pay for any of the original 36" trees ordered.
Councilman Taylor inquired about the 16,000 feet of caulking.
Mr. Rukavina responded that a decision was made at a later date to fill the large cracks on
Valley Boulevard prior to doing the overlay.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ
that the Council accept the project; authorize the recordation of the Notice of Completion by the
City Clerk; and authorize the release of the 10 percent retention payment 35 days after the
recorded date of the Notice of Completion. Vote resulted:
Yes:
Bruesch, Clark, Vasquez, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
Mayor Clark requested that the following item be placed on the agenda as an urgency
item that has to be decided upon tonight. Mayor Clark asked Bill Crowe, Director of
Administrative Services to explain the bill.
Bill Crowe, Director of Administrative Services, stated that the Mayor requested that a
five-signature letter be prepared urging the Governor to veto SB 1101 (Murray). Last year, a
similar bill was vetoed by the Governor. This bill would block local agencies such as the cities
in the West San Gabriel Valley from implementing a transit zone similar to the Foothill Transit
Zone. The bill's proponents are the labor unions of the MTA who want any new transit zone
operator to use MTA labor bargaining agreements.
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council approve amending the Agenda to include consideration of SB 1101
(Murray) as the need to take action on this item arose after the posting of the Agenda. Vote
resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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MOTION BY COUNCILMAN VASQUEZ, SECOND BY COUNCILMAN BRUESCH
that the Council send a five signature letter to the Governor requesting that he veto SB 1011
(Murray). Vote resulted:
Yes:
Bruesch, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
Taylor
Councilman Taylor stated that he agrees in concept with opposing this bill, but the
information the Council receive(Us 17 pages long and he does not know what is in it.
/tonieht
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 8:45
pm. The next regular meeting will be held on Tuesday, October 10, 2000, at 8:00 p.m.
Respectfully submitted:
ity C erk
APPROVED:
ey~
MA O<
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