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CC - 08-13-910 APPROVED MINUTES OF THE REGULAR MEETING CITY OF ROSEMEAD ROSEMEAD CITY COUNCIL DATE AUGUST 13, 1991 By The Regular Meeting of the Rosemead City council was called to order by Mayor Imperial at 8:06 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Tayllor, Mayor Pro Tem Clark, and Mayor Imperial ' Absent: Councilman McDonald - Excused APPROVAL OF MINUTES: JUNE 20, 1991 - ADJOURNED MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Minutes of the Adjourned Meeting of June 20, 1991, be approved as submitted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: JULY 9, 1991 - REGULAR MEETING Approval of these Minutes was deferred to the next regular meeting. APPROVAL OF MINUTES: JULY 23, 1991 - REGULAR MEETING MOTION BY MAYOR PRO TEM CLARK, SECOND BY MAYOR IMPERIAL that the Minutes of the Regular Meeting of July 23, 1991, be approved as submitted. Vote resulted: Yes: Imperial, Clark No:' None Absent: McDonald Abstain: Bruesch, Taylor The Mayor declared said motion duly carried and so ordered. Councilman Bruesch abstained his vote since he had not been present at the meeting. PRESENTATIONS: - None Mayor Imperial recognized Peter Lyons, the new Director of Planning and Pomona City Councilmember Nell Soto. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Juan Nunez, 2702 Del Mar Avenue, suggested that recyclables be collected monthly instead of weekly. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. CC 8-13-91 Page #1 A. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM EVERLAND, INC. FOR EXTENSIONS OF PARCEL MAP NO. 20372 AND PARCEL MAP NO. 20373 FOR PROPERTIES LOCATED AT 3114 AND 3120 BURTON AVENUE (CONTINUED FROM JULY 23, 1991) The public hearing remained open Applicant Tom Lee, 930 Hampton Rd., Arcadia, was present to answer any questions. There being no one else wishing to speak, the public hearing was closed. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR IMPERIAL that the Council approve the request for a one-year extension with monthly written reports from staff regarding property maintenance and satisfactory construction progress; and that during the extension period the applicant agrees to maintain the property in its current condition as per photographs presented this night. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. B. A PUBLIC HEARING TO CONSIDER GENERAL PLAN AMENDMENT 91-1 WHICH PROPOSES ADOPTION OF A NEW HOUSING ELEMENT FOR THE CITY OF ROSEMEAD The Mayor opened the public hearing. Juan Nunez, 2702 Del Mar Avenue, had this confused with the housing question being on the November ballot. Councilman Taylor explained that this had nothing to do with the ballot issue and only concerned the general plan. Mr. Taylor requested this item be continued to the next meeting. There being no objection, the hearing was continued to August 27, 1991 at 8:00 p.m. in this room. III.LEGISLATIVE A. RESOLUTION NO. 91-44 - CLAIMS & DEMANDS FY 1990-91 The following resolution was presented to the Council for adoption: RESOLUTION NO. 91-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $565,924.49 NUMBERED 37564, 37571-37572,37589-37593 AND 34037-34108 MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that Resolution No. 91-44 be adopted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. CC 8-13-91 Page #2 0 • B. RESOLUTION NO. 91-45 - CLAIMS & DEMANDS FY 1991-92 The'following resolution was presented to the Council for adoption: RESOLUTION NO. 91-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $600,174.52 NUMBERED 37554-37563, 37565-37570, 37573-37588, 37594-37597 AND 34112 THROUGH 34222 MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK that Resolution No. 91-45 be adopted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 91-46 - SUPPORTING THE RAPID TRANSIT DISTRICT (RTD) TROLLEY BUS SYSTEM The following resolution was presented to the Council for adoption: RESOLUTION NO. 91-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING THE CONCEPT OF CONVERTING PUBLIC TRANSIT BUSES TO NON-POLLUTING, ZERO EMISSION ELECTRIC TROLLEY BUSES BY THE YEAR 2010 Councilmember Nell Soto, representing the RTD, asked the Council for approval and endorsement of this concept. Ms. Soto stressed that if the City did not want the trolley in Rosemead it would not get it. Mayor Pro Tem Clark verified that the City would not have to contribute any funds unless it wanted to. Councilman Bruesch expressed agreement with the concept as methods for meeting the AQMD requirements. Councilman Taylor stated that he would vote "NO" at this point until alternatives are available as this becomes a fixed-cost, fixed-form of transportation and noted that there are numerous forms of mass transit available at this time. Ms. Soto stressed that if the City did not want to participate it would not be mandated to do so. Mayor Imperial requested that the second to the last paragraph of the resolution be amended to read " ...the City of Rosemead supports the concept of electrification of bus lines but not in the City of Rosemead." MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR IMPERIAL that Resolution No. 91-46 be adopted as amended. Vote resulted: Yes: Bruesch, Imperial, Clark No: Taylor Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he supported the recommendation but was opposed to the overall concept until it was more refined. CC 8-13-91 Page #3 0 IV. CONSENT CALENDAR (CC-C and CC-E REMOVED FOR DISCUSSION) CC-A ACCEPTANCE OF WORK FOR ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREET - 1990-91 CC-B AUTHORIZATION TO ATTEND CALIFORNIA WATER RESOURCES ASSOCIATION ANNUAL CONFERENCE IN SAN DIEGO, AUGUST 22-23, 1991 CC-D AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY KASHA BIENKOWSKA CC-F AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES 11th ANNUAL FALL SEMINAR IN DANA POINT, SEPTEMBER 27-29, 1991 CC-G INSTALLATION OF WARNING SIGNS AT INTERSECTION OF MISSION DRIVE AND NEWBY AVENUE MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA ANNUAL CONFERENCE IN SAN FRANCISCO, OCTOBER 13-16, 1991 Mayor Imperial reminded the Council of its resolution opposing attendance at this League meeting if it were held in San Francisco. Mayor Pro Tem Clark stated she had supported the resolution but that important issues would be discussed at this meeting and Rosemead's attendance was imperative in regard to the landfill litigation. Councilman Bruesch concurred with Mrs. Clark that attendance was imperative, adding the importance of the issue of regional government. Mayor Imperial stated he would not attend this particular conference under any circumstances. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the council authorize attendance at the 93rd Annual League of California Cities Conference by members of the Council, the City Manager, and staff members as approved by the City Manager. Vote resulted: Yes: Bruesch, Taylor, Clark No: Imperial Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. CC-E AUTHORIZATION TO REJECT APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM FILED AGAINST THE CITY BY WAWANESA MUTUAL Councilman Taylor requested this item deferred to the next meeting for more information. There being no objection, this was so ordered. CC 8-13-91 Page #4 0 • V. MATTERS FOR DISCUSSION & ACTION A. BUSINESS LICENSE ORDINANCE Mayor Imperial requested this on the agenda to be used for registration and regulation purposes only. Mr. Imperial cited problems with unscrupulous vendors and business practices and was concerned with serving the people and protecting their rights. Councilman Bruesch suggested that existing ordinances regarding vendors and peddlers be strengthened along with occupancy permits and also requested periodic updating of the business inventory taken last year. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that this ordinance not be considered at this time. Vote resulted: Yes: Bruesch, Taylor, Clark No: Imperial Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. AB 3 (Brown) - REGIONAL GOVERNMENT LEGISLATION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Council oppose AB 3 (Brown) and authorize the Mayor to forward the appropriate correspondence. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. B. COUNCILMAN TAYLOR 1. Asked staff for a report regarding Mary Redd's denial for housing assistance. 2. Reported an incident at the In-n-Out Burger and requested the following to be verbatim: TAYLOR: Another item that I had, Mr. Mayor. I had a little difficulty with a member of the Sheriff's Department on August the 2nd, a week ago Friday, up at the In-n-Out Burger on Rosemead Boulevard and I would ask that we get a written report back involving the three officers and I believe there was a woman ride-along with the sergeant that was there that night. I'm not happy with the attitude of the particular deputy. My son was pulling into the Burger King restaurant there and he was given a citation which whether he deserved it or not that will be evaluated but when I was...he asked me to come up there and the...I walked over to the deputy's car and the comment was he said first off do you have any questions and I said no. And then as I stood by the car there and his comment came back to me directly. He said in general terms that I don't want to have any attitude problem with you. And basically I hadn't discussed anything with him. So, due to that approach that he handled I had received complaints in the past about the deputies at In-n-Out Burger. So, there was a sergeant involved. And that's basically it was as my son was in line ordering the hamburgers this particular deputy came over to the car and ordered him out of his Toyota pickup truck and he told his girlfriend to drive the truck and he had asked the officer basically what had happened, what was wrong. And he said come around CC 8-13-91 Page #5 • TAYLOR CONTINUES: the other side of the hamburger stand there and when he did go around at that time he told his partner there to pat him down as far as search him and I would like written comments back from the sergeant who was evidently called back for whatever reason. Evidently the deputies notified him for some reason. But because of that attitude of the one particular deputy I'm a little bit concerned about because I had received these other complaints and along with this item I'd like staff to go back and research the City Council minutes and bring back, verbatim... right after the election, Mr. Joe Vasquez, who's on the Rosemead School Board, his son was treated in a similar manner also. Now, if they have problems with the gang members and the graffiti and other problems when certain deputies are agitating and I use the word agitating because I believe that's what it is. There were some other comments that were made that night and that will be brought out also between the deputy and... I'd just like to have that brought back to this Council for review and we'll discuss it at that time. IMPERIAL: I'd also to add to Mr. Taylor's request. I was requested to get involved in an incident at In-n-Out Burger also. It was the son of Mr. George Huang. This is presently being worked on with an attorney in E1 Monte. I could give you that name. But I would just like to know if the officer in charge who was also a sergeant is the same person that you're talking about in these incidents. TAYLOR: Mr. Mayor. My problem wasn't with the sergeant. It was with the deputy. But when the sergeant approached me he simply walked up and said I understand there's a problem down here. So, I don't know what he was told but whatever it is I just want it brought it out and into the record to get this straight because occasionally we have these problems where this intimidation goes on and I do resent it. There are some times it's definitely called for. But all we can do is find out what is going on and I just want to put a stop to it if this is happening. IMPERIAL: I would also like to know if we still are getting team concept in Rosemead because I don't recognize any of the deputies. I see our cars, our Rosemead cars, rolling up and down Garvey Boulevard in the E1 Monte area so let's ask that question. TAYLOR: Mr. Mayor. I'd like my comments in the Minutes, verbatim, so we can find out and keep track of this in the future who this particular deputy was. I had some incidents in the past which you're all well aware of and the deputies at that time that were charged with some serious offenses because the complaint was filed, I got subpoenaed a couple years later to go back to this same deputy that was at that time there some assaults that were committed and I got subpoenaed back as a witness against this deputy because he had done it again and this is the only way we're going to find out who these deputies are. There's a lot of good deputies out there. The majority of them are. But when they start harassing people and like I say if they're doing it to what I think are or are who I know are the reasonable kids and my son and my neighbors across the street. It's happened on four or five occasions of kids that I know personally and it just so happens that I got called to this one a week ago Friday night. Most of the time you hear about it later like Mr. Vasquez here at the City Council meeting. IMPERIAL: Is that all, Mr. Taylor? TAYLOR: Yes, Mr. Mayor. IMPERIAL: I would like to point out at this time now that the City Manager has been directed to do this and find out what he can and get it back to us by the next meeting. By no means is this an indictment as far as I'm concerned of one of the finest departments in the Country, the County Sheriff's Department. If they've got problems we'll look into it. We'll do what we can to resolve it but it's a fine department under a lot of pressure because of the Rodney King incident. And I just want to point out like Mr. Taylor did that we've CC 8-13-91 Page #6 0 IMPERIAL CONTINUES: got some fine people working out there and I'm proud of them. END VERBATIM DIALOGUE C. COUNCIL)AN BRUESCH 1. Requested increased Sheriff patrols around Zapopan Park. There being no further action to be taken at this time, the meeting was adjourned at 9:35 p.m. The next regular meeting is scheduled for August 27, 1991, at 8:00 p.m. Respectfully submitted: APPROVED: ?~LCC;e [~C/G22~r2U~~ C' y Clerk MAY CC 8-13-91 Page #7