CC - 09-26-950 0 APPROVED
CITY OF O EhSI?AD
DATE
MINUTES OF THE REGULAR MEETINGV j, ~rrti ~ Q
ROSEMEAD CITY COUNCIL
SEPTEMBER 26, 1995
The regular meeting of the Rosemead City Council was called to order by Mayor
Vasquez at 8:00 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 Bruesch
The Invocation was delivered by Pastor Dennis Alexander of the Rosemead Nazarene
Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and
Mayor Vasquez
Absent: None
APPROVAL OF MINUTES: JUNE 27, 1995 - REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Minutes of the Regular Meeting of June 27, 1995, be approved as submitted. Vote
resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: SEPTEMBER 12, 1995 - REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Minutes of the Regular meeting of September 12, 1995, be approved as submitted.
Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered
PRESENTATIONS - None
ORAL COMMUNICATIONS FROM THE AUDIENCE
Genaro Corral, 5944 Whittier Boulevard, representing Paletas Mexicana El Paraiso,
stated that he has health permits issued from Los Angeles County Food Services to sell fruit
bars from push carts throughout the County and asked why he cannot sell in Rosemead.
Mr. Tripepi explained that push carts are not allowed in Rosemead.
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of public hearings was presented by
the City Attorney.
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A. MUNICIPAL CODE AMENDMENT 95-02-CONTINUED AUTOMOTIVE RELATED
USES C-3 AND M-1 ZONES, CITYWIDE
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the Public Hearing for those in favor of the project.
There being no one wishing to speak, those in opposition were invited to speak.
Juan Nunez, 2702 Del Mar Avenue, Rosemead, asked what effect this C.U.P. would
have on homeowners working on their private vehicles in their own yards.
Mr. Tripepi responded that the amendment would not affect homeowners.
There being no one wishing to speak, the public hearing was closed.
Councilmember Taylor stated that the problems listed in the staff report, such as
hazardous materials, vehicle storage/parking, dismantling and nuisance, already have
mandates and codes in place to address and enforce those problems. Councilmember Taylor
continued that he cannot vote for this ordinance as it is too open-ended and not specific
enough.
Mr. Tripepi responded that this proposed ordinance and C.U.P. provides the City with
a long-term mechanism to prevent or address potential problems affecting any new businesses
coming into the City.
Councilmember Taylor stated that some existing businesses need to be cleaned up as
they have had rat-infested vehicles stored on their premises for years, and these types of
problems need to be addressed also. Mr. Taylor stated again that the proposed C.U.P. is not
specific enough.
Councilmember Bruesch agreed that existing problems need to be addressed, but that
the C.U.P. provides the new business owners with regulations up-front.
Councilmember Taylor stated that existing businesses would not be affected by the
new C.U.P. and requested that this item be returned to staff to develop specific solutions to
clean up existing problems.
Councilmember Imperial agreed with Mr. Taylor that a mechanism is needed to clean
up unsightly businesses, but many small businesses are working under adverse conditions and
the City should try to work with them to resolve those problems.
Mayor Pro Tem Clark asked if standards could be developed that are a part of the
C.U.P. process for future businesses and to also develop a way to encourage existing
businesses to address their problem areas.
Councilmember Taylor responded that the C.U.P. needs to be specific where everyone
is treated equally.
Robert Kress, City Attorney, explained that a C.U.P. is a discretionary land-use permit
that is designed for the siting of unique uses on a case by case basis, such as future auto
businesses in Rosemead because of the stated problems and the proximity to residential areas.
Councilmember Bruesch asked if the proposed C.U.P. can include the four types of
problems listed in the staff report.
Mr. Kress responded that it can, and cited game arcades as an example whereby the
Ordinance requires a C.U.P. that has a list of certain standard specified conditions that are a
part of every approved application and as part of the case by case analysis, a determination
is made whether or not the use itself is appropriate in the neighborhood, and the Planning
Commission or City Council has the additional jurisdiction to apply other appropriate
conditions that are related to this use.
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MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that this item be returned to staff to develop language to cover the four problem areas as
listed in the staff report and develop a plan to use current policing powers to clean up existing
problem auto businesses. Before vote could result, more discussion ensued. Councilmember
Imperial agreed that the cases should be taken on an individual basis and to work with the
small businesses to help resolve those problems. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 95-49, 95-50, 95-51, AND 95-52 - PUBLIC HEARING TO
ESTABLISH UNDERGROUND UTILITY DISTRICTS NO. 5, NO. 6, NO. 7, AND
NO. 8, RESPECTIVELY
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the Public Hearing for those in favor of the project.
Juan Nunez, 2702 Del Mar, Rosemead, asked about the dangers of explosions from
underground utilities, and will a fee be imposed from forming an underground utility district.
Mr. Tripepi responded that the conduits have been designed so that there are set
distances between the shared utilities, and no fees will be imposed on this project.
There being no one else wishing to speak, those in opposition were invited to speak.
There being no one wishing to speak, the public hearing was closed.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat
the Council adopted Resolution No. 95-49, 95-50, 95-51, and 95-52. Vote resulted:
Yes:
Clark, Vasquez, Bruesch, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor stated for the record that he objects to the undergrounding as
the cost is too excessive when considering the $15 million pK interest paid over the 40 years
would approximate the net cost of this project. total cost including
III. LEGISLATIVE
A. RESOLUTION NO. 95-45 - CLAIMS & DEMANDS
The following resolution was presented to the Council for adoption:
~ RESOLUTION NO. 95-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $260,010.23
NUMBERED 14185 THROUGH 14327
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that Resolution No. 95-45 be adopted. Vote resulted:
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Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 95-46 - TRANSFERRING THE BURTON AVENUE STORM
DRAIN TO LOS ANGELES COUNTY FOR MAINTENANCE
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND
CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS
MISCELLANEOUS TRANSFER DRAIN NO. 1433 IN THE CITY OF ROSEMEAD
FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND
AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council adopt Resolution No. 95-46 and request the Los Angeles County Board of
Supervisors to accept the transfer of MTD 1433 for operation and maintenance, and authorize
the transfer and conveyance. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. RESOLUTION NO. 95-47 - TRANSFERRING THE BARTLETT AVENUE STORM
DRAIN TO LOS ANGELES COUNTY FOR MAINTENANCE
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND
CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS
MISCELLANEOUS TRANSFER DRAIN NO. 1390 IN THE CITY OF ROSEMEAD
FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND
AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council adopt Resolution No. 95-47 and request the Los Angeles County Board of
Supervisors to accept the transfer and conveyance. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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D. RESOLUTION NO. 95-48 - TRANSFERRING THE MUSCATEL AVENUE STORM
DRAIN TO LOS ANGELES COUNTY FOR MAINTENANCE
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND
CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS
MISCELLANEOUS TRANSFER DRAIN NO. 1394 IN THE CITY OF ROSEMEAD
FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND
AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the Council adopt Resolution No. 95-48 and request the Los Angeles County Board of
Supervisors to accept the transfer of MTD 1394 for operation and maintenance, and authorize
the transfer and conveyance. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
E. RESOLUTION NO. 95-53 - MAKING CERTAIN FINDINGS AND
DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT
FOR STREET LIGHTING IMPROVEMENTS ON DEL MAR AVENUE, WALNUT
GROVE AVENUE, AND SAN GABRIEL BOULEVARD
The following Resolution was presented to the Council for adoption:
RESOLUTION NO. 95-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING
CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO
REDEVELOPMENT AGENCY PAYMENT FOR UNDERGROUND UTILITY
DISTRICTS AND STREET LIGHTING IMPROVEMENTS ON DEL MAR AVENUE,
WALNUT GROVE AVENUE, AND SAN GABRIEL BOULEVARD
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARKthat
the Council adopt Resolution No. 95-53. Vote resulted:
Yes: Clark, Vasquez, Bruesch
No: Taylor, Imperial
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor and Imperial stated for the record that their objections to the
undergrounding was the cost being too high for that project.
F. AMEND AGENDA TO INCLUDE ITEM III. G. - RESOLUTION 95-54
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council amend the agenda to include item III-G and determine that the need to take
action on this item arose after the posting of the agenda and that there is a need to take
action at this evening's meeting. Vote resulted:
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Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
G. RESOLUTION NO. 95-54 - REQUESTING ENACTMENT OF LEGISLATION
ALLOWING FOR THE DEATH PENALTY OF MINORS CONVICTED OF CRIMES
SUBJECT TO CAPITAL PUNISHMENT
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING
ENACTMENT OF LEGISLATION ALLOWING FOR THE DEATH PENALTY OF
MINORS CONVICTED OF CRIMES SUBJECT TO CAPITAL PUNISHMENT
MOTION BY COUNCILMEMBER IMPERIAL to adopt Resolution No. 95-54.
This motion failed for lack of a second.
Councilmember Taylor explained for the record that he could not second the motion
and agrees that these are terrible times and has mixed emotions about this, and minors should
pay a penalty for their crimes, but, however, not the death penalty. Mr. Taylor continued that
many of these minors are growing up without moral values and have a "survival of the fittest"
and the "gang is my family" attitude and that these kids are so afraid of life and have so little
understanding of it that when confronted, they commit murder. Mr. Taylor pointed out that
it usually is the abused children that do the shooting.
Councilmember Imperial responded that this segment of society needs to be dealt with
and it is not possible to go into each home and teach moral values nor take away weapons.
Mr. Imperial continued that while he has compassion for minors, the governing bodies need
to make decisions to solve this problem.
Mayor Pro Tem Clark referred to a news article stating that the current penalty for a
youth 15 or younger is confinement only until age 25, and if the Council does not want to
support the death penalty for a minor, some type of stand should be taken.
Councilmember Bruesch stated that he cannot second this motion also as he has
personal knowledge of this case and what was and was not done to help this child with the
difficulties encountered in his family. Mr. Bruesch explained that he too would like to see
justice done, but there must be a better way to get services to dysfunctional families.
Mayor Pro Tem Clark requested that this item be returned to staff to develop language
not as specific to this particular case, and to call for a quicker resolution of death penalty
cases. Ms. Clark cited the "Night Stalker" as an example and that she was appalled to read
this is the 10th anniversary of that case and that killer is still sitting in jail.
Councilmember Imperial emphasized that a stand has to be made, not more programs.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES 15TH ANNUAL
FALL SEMINAR, OCTOBER 1-14, 1995, SAN DIEGO
CC-B APPROVAL OF PARCEL MAP 23638 - 3100 BARTLETT AVENUE
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CC-C ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES - 3020 ROSEMEAD
PLACE
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-D AUTHORIZATION FOR LODGING -PALM DESERT, CA -SEPTEMBER 30, 1995
Councilmember Taylor asked what this conference is about and how will it benefit the
City. Mr. Taylor stated that he cannot vote for this as there is not enough information
provided.
Mr. Tripepi responded that this is a meeting for Councilmembers with Governor Wilson
regarding on-going issues, and lodging will be for one night only.
Mayor Pro Tern Clark requested she would like whomever is attending to carry Veto's
to the Governor.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK that
the Council authorize those members of the City Council invited to Governor Wilson's
presentation in Palm Desert to spend one night in a local hotel after the meeting. Vote
resulted:
Yes:
Clark, Vasquez, Bruesch, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-F TECHNICAL AMENDMENT TO CONSOLIDATED PLAN
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council reject the current offer of HOME funding for the City; and staff prepare a
technical amendment to the Consolidated Plan reflecting that decision. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. SELECTION OF DATE FOR TRAFFIC COMMISSION VACANCY
After discussion it was decided that the Traffic Commission interviews would be held
on November 7, 1995, starting at 7:00 p.m.
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VII. MATTERS FROM OFFICIALS
A. COUNCILMEMBER BRUESCH
1. Announced that at the YES Committee meeting of October 12th, a
Commissioner from the Juvenile Justice System will be present, and invited all
Councilmembers to attend.
B. MAYOR PRO TEM CLARK
1. Attended a public hearing regarding new area code assignments for this area whereby
Rosemead and the San Gabriel Valley would have a new area code once again while the San
Fernando Valley would be able retain their same code. Ms. Clark had stated her opposition
to this as being the second time we've had to change area codes whereas the San Fernando
Valley has not. Ms. Clark stated her opposition to a proposed overlay zone whereby new
phone users will have the new area code even in an area that retaines their old one, possibly
resulting in two area codes within one household and with local businesses.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, read aloud a story from the Reader's Digest
regarding the incarceration and early release of a drunk driver adult who killed a man in an
automobile collision and stated that the justice system is sometimes out of touch with reality.
IX. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 9:20 p.m.
The next regular meeting will be held on October 10, 1995, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
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MAYOR:
JO
VASOUEZ
_
MAYOR PRO TEM:
MARGARET CLARK
)
COUNCILMEMBERS:
ROBERT W. RRUESCH
JAY T. IM?EPIAL
GARY A. TAYLOR
~ itch 7~ ':aced
8838 E. VALLEY-BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (818) 288-6671
TELECOPIER 8183079218
NOTICE OF CANCELLATION OF
REGULAR MEETING OF THE
ROSEMEAD CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Regular Meeting of the Rosemead
City Council, scheduled for Tuesday, Orrohar 10 at
6:00 p.m., will be cancelled due to lack of a quorom.
The next Regular meeting is scheduled for 11laaaay nrrnh tgg5
Dated: October 10, 1995
CITY CLERIC
A. 27:3