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CC - 06-26-90APPROVED MINUTES OF THE REGULAR MEETING CITY OF ROSE➢IEAD ROSEMEAD CITY COUNCIL DATE-7-167- 9tJ JUNE 26, 1990 I3Y~~a-/.~~~ The Regular Meeting of the Rosemead City council was called to order by Mayor McDonald at 8:04 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, Imperial, Taylor, and Mayor McDonald Absent: Mayor Pro Tem DeCocker - Excused Approval of the Minutes for June 2, 1990 and June 12, 1990, were deferred to the next regular meeting. PRESENTATIONS: Mayor McDonald presented an award from the American Red Cross to Kim Palmer-Boris in recognition of her efforts on behalf of the Red Cross. I. ORAL COMMUNICATIONS FROM THE AUDIENCE - None II. PUBLIC HEARINGS A. A PUBLIC HEARING TO CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING A REQUEST FROM T.W. LAYMAN & ASSOCIATES TO CONSTRUCT A MULTI-TENANT COMMERCIAL DEVELOPMENT IN A DESIGN OVERLAY ZONE AT 3606 ROSEMEAD BOULEVARD (CUP 90-490 AND DR 90-47) - CONTINUED FROM JUNE 12, 1990 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the public hearing be continued to July 24, 1990 at 8:00 p.m. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The mayor declared said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 90-31 - CLAIMS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $597,162.27 NUMBERED 31778-31808 AND 29985 THROUGH 30089 MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that Resolution No. 90-31 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The mayor declared said motion duly carried and so ordered. CC 6-26-90 Page #1 M • The following items were taken out of order. E. RESOLUTION NO. 90-32 - ADOPTING THE 1990-91 BUDGET The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING AN APPROPRIATIONS LIMITATION FOR THE 1990-91 FISCAL YEAR AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1990-91, MAKING APPROPRIATIONS FOR THE AMOUNTS BUDGETED MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR McDONALD that Resolution 90-32 be adopted. Vote resulted: Yes: McDonald, Bruesch, Imperial No: Taylor Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that his objections had been stated at the Budget Study Session and there was no need to repeat them at this time. F. RESOLUTION NO. 90-33 - AUTHORIZATION TO SUBMIT AN APPLICATION FOR STATE/LOCAL TRANSPORTATION DEMONSTRATION PROGRAM STATE SHARE FUNDS The following resolution was presented to the council for adoption: RESOLUTION NO. 90-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING FORMAL APPLICATION FOR STATE/LOCAL TRANSPORTATION DEMONSTRATION PROGRAM STATE SHARE FUNDS (SB300) MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that Resolution No. 90-33 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. G. RESOLUTION NO. 90-34 - FOR THE TRANSFER OF THE JACKSON AVENUE STORM DRAIN NO. 1303 TO LOS ANGELES COUNTY FOR MAINTENANCE PURPOSES The following resolution was presented to the Council for adoption: RESOLUTION NO. 90-34 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 KNOWS AS MISCELLANEOUS TRANSFER DRAIN NO. 1303 IN THE CITY OF ROSEMEAD FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that Resolution No. 90-34 be adopted. Vote resulted: CC 6-26-90 Page #2 9 Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 664 - TO REPEAL ORDINANCE NO. 660 - ADOPT The following ordinance was presented to the Council for adoption: ORDINANCE NO. 664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING ORDINANCE NO. 660 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS WITHIN SPECIFIED AREAS OF THE CITY MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL that ordinance No. 664 be adopted. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 665 - TO REPEAL ROSEMEAD MUNICIPAL CODE SECTION 9906A RELATING TO ON-PREMISE SIGNS - INTRODUCE The following ordinance was presented to the Council for introduction on its first reading: ORDINANCE NO. 665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING SECTION 9906A OF THE ROSEMEAD MUNICIPAL CODE RELATING TO ON-PREMISE SIGN REGULATIONS MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR McDONALD that ordinance No. 665 be introduced on its reading and that reading in full be waived. Before vote could result the following VERBATIM dialogue was entered: McDONALD: We have three people in the audience that wish to speak to this item. The first one I have here is Robert Angles of 9147 Valley Boulevard. ROBERT ANGLES: I have property at 9147 Valley Boulevard, here in Rosemead. I am here...I don't know what I'm going to speak against. I thought that I was going to hear pros and cons or information about the ordinance No. 665. It's very difficult for me to raise an objection or affirmation to something that I have had no information on. McDONALD: Well, you filled out a Speaker Request Form in regards to On-Premises Signs. ANGLES: Fine. Then will you inform me about it. McDONALD: About which? ANGLES: About the 665. McDONALD: Maybe you'd like to respond to some of the other speakers; let them speak first. ANGLES: All right. Thank you. McDONALD: Okay. Robbie Nutt. CC 6-26-90 Page #3 9 0 ROBBIE NUTT: Good evening, gentlemen and ladies. I am Robbie Nutt, 6157 Ivar, Temple City. I understand that the purpose of this ordinance is to repeal the signs on our streets, our businesses, in the City of Rosemead, to remove English off of the signs. I am very much opposed to that. Even though I live in Temple City I take care of all my business in Rosemead and I have a love of Rosemead and so I'm concerned because if the signs are only in Asian we do not know what kind of business is in operation. With the English, and I do not oppose the English and the Asian, but I feel we should have the English and as I think everybody here knows the history of our United States and English has always been the main language. Even before I was born and that was many, many years ago we.had all the immigrants from Greece, Italy, Spain, Russia and one of the first things that those people did when they came to this land of plenty was to learn the English language so they could communicate not only in business but with their friends, their associates, and when they were dealing with English-speaking people they would be understood. And I don't see why then the new people coming into this country are so opposed to having the English language. We are English-speaking. And we were born here and we revere our language. Thank you for listening. MCDONALD: Thank you, Robbie. IMPERIAL: Mr. Mayor. My suggestion, if you don't mind, is to relate what this is all about in case they didn't understand what it was about, what Robbie was talking about. It was clear to me but I understand what the thing's about...... McDONALD: I'm sorry. I was just asking the City Attorney a question. Let me point out..... IMPERIAL: ....I'd just like to point to a point of information and give some history on this for those who don't know what this is about. A few years back we established a resolution, an ordinance in the City of Rosemead requesting a 50-50 on all signs in the business district; 50% English and 50% whatever language was desired by the business owner on all signs. We did this because we felt it was a matter of health and safety, etcetera, right on down the line. There were five other cities, as I recall, that took this ordinance for their city. One of these cities, Pomona, was brought to court by an organization who.... where the judge determined that this ordinance, he said, was unconstitutional. So, we have been requested to rescind this ordinance and that's the reason we've got it on the agenda tonight for those of you who might not understand. Thank you, Mr. Mayor. McDONALD: Thank you, Jaya The point is is that our ordinance mirrors the Pomona Ordinance and it's been determined by the U.S. Federal District Court that's an infringement on the 1st and 14th amendment. So, what we're talking now is the basic rights of any individual. Not just somebody who's here right now and somebody who comes later but everybody who comes into the United States has the right and the privilege of those 1st and 14th amendments just like the rest of them. And as soon as that starts to be infringed upon some people take sides on it and because they relate it to a certain ethnic group maybe that's a problem. I don't see a problem with repealing the ordinance because we haven't had a problem. When somebody comes in and puts a sign in we recommend them and as far as we know we've got most of the recommendations we have on the signs that go in here so there's really no need to force, to take away the privileges of everybody, just to satisfy one little restriction on the 50-50 signs so that's why I'm in favor of the repealing of the ordinance because we are getting cooperative attitude right now and I don't see that we need to have an ordinance that infringes on everybody's constitutional right. TAYLOR: Mr. Mayor. Did you have another person that requested to speak? McDONALD: Mr. John Chien. CC 6-26-90 Page #4 JOHN CHIEN: Thank you, Mr. Mayor, councilmembers. I don't live here. I live in West Los Angeles. The address you can forward material is 1010 S. Flower St. which is the Asian Pacific American Legal Center of Southern California. In response to the woman's comments. I think you see something going on here and I think that the Mayor is correct in terms of promoting an ethnic harmony. I'm very happy to see that the Mayor and I'm hoping the City Councilmembers can see plus the City Attorney can see that we need to cooperate with one another. We need to build a bridge; a multi-ethnic bridge because this County and this City is increasingly multi-ethnic. In order to deal with this I think we need to communicate and educate one another. Indeed we do feel as Asian Pacific Americans that this is a very important issue to us because we feel like our rights are being infringed upon. And we're happy to see that the City Council and the Mayor has taken steps to promote this ethnic harmony and so that's why we urge that the City Council repeal the City Municipal Code 9906A in continuing their efforts to promote ethnic harmony. Thank you. McDONALD: John, let me respond to your remarks. I support what the citizens of this community think and I think you know as most of the communities throughout the sunbelt of the United States the influx of the Asians are just as much a cultural shock on us as it is for them to come into our community. The language is not something.... it's not an Arabic language that you can actually kind of word out if it was Italian or it's something else or'you kind of word it out or speak it or something like that and make sense of it. We unfortunately don't have the knowledge of your language that we could read the script that you have but there is a cultural shock here. People are afraid. They see the influx coming and it's much stronger than any other ethnic group that's ever come in here. But we try to work with all the Asian cultures that come in to our community and this isn't an Asian or an ethnic type of problem here. This is a constitutional problem of everybody's rights. And that's the way I see it. And we have always been as cooperative as we can to the new immigrants that are coming in to our community and we're hopefully down the road here they will be just as cooperative with us when we request or recommend the sign language and I think they have been up to this point and I hope they will be in the future. But you still have to realize that it's a cultural shock for us. CHIEN: I understand that and the Garden Grove City Council for instance took measures to promote ethnic harmony by passing a voluntary signage law which didn't actually state exactly that it was mandatory but they're working the orange County Human Relations Commission and in a way I'm very encouraged because I see I think there needs to be dialogue and there needs to be an educational dialogue between the groups so we understand your position, too. Like I said I think our goal is to try to promote ethnic harmony rather than to divide the communities up. McDONALD: Thank you for speaking this evening. Mr. Taylor, do you have any response? TAYLOR: That's the three speakers? Mr. Angles may want.... McDONALD: Mr. Angles. Do you want to come back up? ANGLES: Thank you. I may have gotten confused between the relating to on-premise signs which is just below it and the No. 665 to repeal the Municipal Code. However, it is my understanding that to repeal the existing code means there would be no control on signs. Is that correct? To repeal what is existing today, that is the 50-50. McDONALD: There would no control on the language that goes on the sign. As far as size is concerned we have ordinances that restrict the size of the sign; sign ordinance that takes care of all the other things. FRANK G. TRIPEPI, CITY MANAGER: We're only taking out one section of a multi-page ordinance. ANGLES: What is being removed, then or what is being taken out, am I correct in saying that it is the language? A language other than English? CC 6-26-90 Page 45 0 McDONALD: No, it's the 50-50 requirement I think isn't it? TAYLOR: It can be in a total different language. No English required. ANGLES: I see. Well, that's something. I am against something like that. I believe the gentleman that was here before me and there was some bit of a discussion about ethnics, ethnicity. I believe that anyone should be proud of their background. But I also believe that in the public area there can only be one language. That is the language of our country. That is English. I believe that anybody that has a different ethnic background should practice that ethnicity at home. I believe that it should be in private. I don't want somebody else's ethnicity waved in front of me. I want to be able to go into a market, a store, some place for service and be able to converse and understand what is going on. That is, to understand each other. If I can't read a sign, if I can't find by just going down the street and I'm looking for something, a printing press I don't care use anything you want, I am being deprived of my ethnicity. I also believe that people would have and are proud of their ethnicity have to adapt to our ethnicity. There is no ending to this word, ethnics. It can go and on. It will divide the American public. I believe that it takes all kind of people to make America. The single thing that we have in common is a common language and even books. If other people, of a different persuasion want to read in their mother language, I have no argument about this but I firmly would hope that you would not repeal, evidently, the current law. I would like to see it strengthened. I do not want other languages. The one exception I would make is what would be inside, inside a business. To use anybody, a Mexican food or Chinese store or oriental store, whatever is proper, if inside that business whatever they have is in their language I will understand that I'm not wanted there but I firmly believe that on the outside, in public view, in the public domain, I have a right to know what the businesses are. Thank you. MCDONALD: Thank you. Gary? TAYLOR: Was there any other public comment? McDONALD: No, that's it. Mr. Imperial? Do you have any discussion you'd like to..... IMPERIAL: Are we open for discussion? MCDONALD: Yes, we have a motion and a second on the issue. IMPERIAL: Mr. Mayor. I'd like to remove myself from that list you just mentioned and say that I'm going through a cultural shock. After 39 years in the Army, 26 of this active duty and most of my time spent in the orient, I learned to speak the Japanese language. I'm practicing Mandarin right now. I speak some Korean. I have a high regard for oriental people and have always, even as a young soldier going to Korean, always felt very comfortable there. But I learned one thing and I want to point out a little story that I learned when I went to Japan. I was on orders for Korea. They had lost my records so I had nothing to do and they let me go on a pass and I went into town. In town I found myself completely surrounded by people I didn't understand. I knew nothing of their values. I knew nothing of their culture. So, I just walked around and I found a little shop and it had a little wooden Buddha in there and I wanted this thing so I went into the shop and I asked this man how much he would charge me. He just shook his head and smiled and after 15 minutes of this, I was getting frustrated. So, I walked out into the street, totally frustrated and this girl comes by and asks me how I was doing in English and I asked her if she spoke English and she said yes and I asked her if she would interpret in this shop for me. I still have that Buddha, today. We went back in the shop and after about two minutes of conversation which I didn't understand she started laughing and I said what's so funny. And she said there's an oriental custom where if a person likes you, your face is shaped a certain way or what have you, they like you; this is the case here and therefore this man here wants to give you this as a present. And I made up my mind at CC 6-26-90 Page 46 ! 9 IMPERIAL CONTINUES: that time that if there was one person in Japan that thought enough of me to give me that present, especially in a foreign uniform because I was in his land, I was a guest in his land, then I owed it to him to learn the Japanese customs and the Japanese language. I became fluent in the Japanese language because I owed it to those people. That was their country. I owed them that courtesy. What I'm trying to say is it taught me something. First of all, the most important commodity in this world today, is people. But the second most important commodity is communication between people and unless you have a common denominator to communicate there's no way. I made a purpose to learn that language like my father. I'm first generation. When he came to this country, my mother went to her girlfriend's every day to learn how to speak English so when my father came home from digging ditches because that's all he can get he can learn English from my mother because they made up their minds that when they came from Italy to this country they were going to try to be Americans. Not losing the culture, not losing the language but wanting the ability to communicate with people. This happened. My father was drafted in the Army six months after he came to this country. He served proudly for a country.whose language he couldn't even master at that time. But he was so proud of that he requested that when he died he would have a military funeral because he was that proud of his service to his new country and that's what he got. I guess basically what I'm saying is that if I can't understand you and you can't understand me then we have no line of communication which makes it impossible to do anything but I think you have to have that common denominator and in my opinion, that's the English language. Let's bring ourself back to the present in the City of Rosemead. I know many people whether they be Hispanic or oriental in this community. Many of them well. I hold them in high regard. We have never had a problem in this City. We have never had a problem in so far as this ordinance is concerned. I don't want to make a problem of something that's not one. If an oriental businessman or Hispanic or what have you would come to me, and you'll find this to be true because if you ask any of these people, if you go out in this community and ask people, if they were given help when they requested it, they've always gotten it. So, I don't see a problem. I think we have a harmonious community. I would like to not take this out of context because even though it's my business, I want to tell you I intend to get married in September to a Chinese girl. Okay? So I don't want any of this taken out of context. But the fact remains that's what I feel. I think we've got a good ordinance. I don't think we've got any problems. I think we need to police the places where we do have problems. But nobody's been forced to do anything in this community. Thank you. McDONALD: Thank you, Mr. Imperial. Mr. Taylor. TAYLOR: Mr. Mayor. Question to Mr. Chien. Have there been any, and I don't want the name of any business people in this community, have there been business people in this community that contacted your office and objected to this ordinance? CHIEN: I'm sorry councilman, I can't (speaking from the rear of the Chambers and unable to hear his complete response.) TAYLOR: Now, I didn't ask for a name because it's a disgrace to me the way you're evading the question. I asked you was there anybody, one business, was there one? I don't want the name. Now, don't pussyfoot around it. CHIEN: With all due respect Councilman, you're I'm telling you honestly that I'm not in a position to tell you because I don't know. (Mr. Chien has now come to the microphone.) TAYLOR: That's my answer. You don't know. CHIEN: Okay. You seem to be accusing me of something, of evading a question. I'm not evading a question. I'm telling you honestly, I don't know. TAYLOR: Then there's really no basis of anyone in this community going to you and saying I've been discriminated against. cc 6-26-90 Page 47 • . CHIEN: Well. Okay. I'd like to address something that's important to understand here. I see what's happening here is that you're saying that it seems to be an idea that Asian Pacific Americans or Latinos or immigrants in general do not want to learn the English language. And in fact the statistics are just the opposite. If you look at the statistics the fact of the matter is bi-lingual schools and ESL schools that teach English are full to capacity. IMPERIAL: Point of information, Mr. Mayor. Where did you get that opinion? Nobody has addressed that. Nobody has said that, that they don't want to learn anything. Now you're putting words in our mouth. CHIEN: No. I understood that some people are concerned that some immigrants are not willing to learn the language. You..... IMPERIAL: I didn't say that. CHIEN: Well, it seemed to me that you were referring to...... IMPERIAL: Where did you get this opinion, sir? CHIEN: It seemed to me that you were referring to a situation that you said..... IMPERIAL: No. I was referring to my experience. Isn't that what you heard? Did I come across clear to this audience? CHIEN: Okay. Well. I don't want to get into a debate..... IMPERIAL: We just want that cleared up. Okay? CHIEN: I'll give you a personal account. Let's try to put this on a personal level. I don't speak an Asian language. Some people may assume that but one thing that I found out is I can see your position sometimes because sometimes I feel discriminated against when I don't understand the language. However, instead of saying you must speak English I try to understand the positions because they're coming from a different environment, also. And they're scared. They come to a different country and they're trying to learn English. For the City Council to force a business to have an English translation.... another thing that some community members have brought up is what about the safety factor? Can emergency vehicles see an address and so forth if it's in a different language. And so long as there are numbers, that the address is there clearly, it should be no problem. This has been already instituted in Garden Grove and it seems to be working. So, like I said, I don't want to get too off the track. I understood it seemed like we're moving toward a positive step in terms of not instituting this English only premise. In fact, my understanding, Section 9906A was never enforced for the last two years. So, I think it seems disturbing to me that it seems like we're getting back to instituting 9906A when indeed tonight our agenda was to repeal 9906A because it was never enforced and because there are other City Councils that have instituted such positive measures and also because I understand the City Attorney seems to be in favor of such a decision. So, I don't want this to be a division. Already, we're.... IMPERIAL: It's not. That's why I tried to clarify that with you. Okay? CHIEN: Okay. Like I said, Councilman Taylor seemed to be saying you're evading the question. That's what I don't want to see happening. I'm not evading the question. I told you blank stately I don't know because I don't know. McDONALD: Thank you very much, John. TAYLOR: Mr. Mayor. Another question to Mr. Chien. As far as the enactment, did you have any contact two years ago when this ordinance was enacted or did you just pick it up now? CC 6-26-90 Page #8 • • CHIEN: Okay. Let me explain my position here tonight. I am here as a representative of the Asian Pacific American Legal Center, all right? Kathy Imahara, who is my supervisor, has not been able to attend this meeting. Through correspondence through the City Council or the City Clerk, I think it's Ron Warner, I believe. IMPERIAL: Don Wagner? CHIEN: Don Wagner. I'm sorry. I apologize. It seemed like that everything, communications seemed to be pretty clear here that we understood it and it seemed to be the city council was going to repeal this ordinance. It seemed like it was going to not be that much of a problem. But so I'm representing my supervisor here tonight. I guess tonight..... MCDONALD: John. I can probably clarify that for you. I'm sure that Mr. Wagner said that the repeal resolution was going to be put on the agenda for the Councilmanic decision to either appeal or not to appeal it. Staff in no way has any idea how sometimes this council body reacts to that. So, I'm sure he didn't say that we were going to appeal it. But we thank you very much for your information. TAYLOR: Mr. Mayor. Mr. Chien. There's two stores that I frequent as far as I accidently found these stores. They do not have English signs on them. I can't read the signs. That's from my own personal benefit. I will patronize those stores because I want to buy their product. When I drive over into Monterey Park at times there I cannot read the signs. There's no interpretation of what the stores are even. And I don't begrudge the people having those signs but I believe they're shortchanging themselves. You mentioned as far as in your opening comment a while ago about communities coming together and learning each other's cultures and products that the businesses are selling. I have no idea what's in those stores unless I just get out and walk up and down the blocks and see what merchandise they're selling. But that's from a personal standpoint and I don't begrudge anybody having their own language. We have Koreatown. We've got Chinatown. We've got Olvera Street. We've got the Italian clubs and such. I don't begrudge them one bit. That's great to have different cultures. But I do believe that every community has a police authority and you made reference to just putting an address on the sign. To go down the street and if I was to ask or tell someone I know where there's a good store where you can get something, whatever it may be, if they want to shop at whatever culture or nationality is, the language from a commercial standpoint for that business to me is beneficial for that business; not for me, personally. But far exceeding that is the police authority that we have. Not to be dictatorial but I'm going to ask that this City Hall contact the Sheriff's Department with a confidential memorandum I'm going to find out every deputy that can speak the Oriental language. I'm going to ask that every fireman be also checked out and then the school children when they're going up and down the street if there's an accident or something or it involves children, they can't speak your language. And I don't begrudge the language. That's not the issue. But I do believe in that police authority which the government allows cities to have and if there is a discrimination against an individual I'm not going to say that that's right; that is wrong. But when this ordinance was enacted there were business people that did not want any English on the sign. And our Chamber of Commerce works very well with the business people and at that time they agreed they wouldn't press the issue. So, there has been no problem for two years. This was only enacted so that everybody understood that it was going to be a police power for everybody. For the English language, for the Hispanics, for the Chinese. It's not discriminatory to any race at all. But I firmly believe that if a policeman, a deputy, a fireman, a paramedic, a school child, no matter who it is, has the right to know where they're at. And an address, well you get the mini-malls and such where you've got five or ten businesses in there and they give them an address, they'll try to figure out which building is it. That's the only reason language and.culture, whoever it is, if they want to have their own, I give them credit for it and they're allowed to it but we have an obligation to 45,000 people in this community that there be some common ground for safety measures. And I'm not going to vote for this repeal for that reason. CC 6-26-90 Page #9 0 0 CHIEN: Okay. Well. In response to your all I can say is at this point I understood the Mayor to say that it seems like the Federal courts seemed to think it was unconstitutional. We believe it's unconstitutional. I'd like to change your mind on it. We'd like to see more cooperation. We're trying to`work hard on the Asian community to let them understand that they need to..... IMPERIAL: Mr. Chien. I'd like to give a challenge to you and your organization. I have reached out as the Mayor and as a Councilman in this City, trying to get the Asian population,' primarily Chinese, to come out and join in our 4th of July ceremonies, you name it. I've bent over backwards to do that. There are some cases where they want to isolate themselves. Now, I want to challenge you to come in here and help me to get these people and say you're all welcome. You're all part of the City family. We love you. Okay? You come in here and help me do that and that's more than a sign ordinance, sir. CHIEN: Okay. Well. See, Mr. Councilman I think we could go on with this, I don't know the specifics of this. IMPERIAL: I challenge you to come in here and help me because I really want to do this. I want to reach out and touch someone that doesn't understand they want to be touched. Okay? And whatever it takes to do that and if it takes your organization, please give me your help. CHIEN: We can talk about this outside the meeting. I mean that's one thing I really would like to do is create dialogue. That's what we really need to do in the City instead of isolating. I mean I can see your point, too because I know of instances, too, where certain people like to isolate themselves. I'm not speaking on'behalf of the whole Asian community. That's not my position here tonight. My position here tonight is only to represent the legal center and seeing that this ordinance is repealed. I cannot say I represent the whole Asian community outside of Rosemead or inside of Rosemead. That's just not possible. IMPERIAL: I would like to help all of them; outside and inside Rosemead but I'm concerned, okay? Not primarily with what it says on the sign but for the Asian people that don't know where to go; don't know what to do about many problems that they encompass during the course of a day and I would like to touch them, okay? That's not a sign. We're talking about the human needs. Not a business at that point. Human needs and I need your help to do that. CHIEN: Let me explain to you something that...... McDONALD: John, I think we're getting off the point. CHIEN: Okay. Just in a quick reference here to Mr. Councilman's position on reaching out, okay? Let me just say this that historically, Asians have tended to be a quiet people. They don't tend to show their emotions much. Psychologically. It goes back to historical oppressment. I want you as_councilmembers to try to understand the culture behind it. And that's what I'm saying is that if they don't come out maybe we can afterwards I'd like to help you in creating this dialogue. IMPERIAL: I want to make a brash statement. I'm probably more familiar with Asian culture than you are. CHIEN: Well, I think that's a pretty bold statement. IMPERIAL: I'm willing to bet some money on this. McDONALD: Okay, let's bring this discussion to a close here. TAYLOR: Mr. Mayor. If I may. I expect that filed on this issue and I'm going to ask that verbatim so there's no misunderstanding and I lawsuit to come. But there has to be a clear believe in that police power and if the court there will be a lawsuit this conversation be fully expect that understanding of why I s rule against that the CC 6-26-90 Page #10 ® • TAYLOR CONTINUES: people in this country are entitled to understand how the court systems rule and they do not allow any avenue of this interrelationship. If they want totally different languages and signs the blame lies with the court system. So, we're not discriminating against any individual or any culture. But I'm going to show that I would like to have this ordinance amended so that it's one-quarter of the sign. That will suffice in giving us the identity and the police power. So, I would like if we need that on the agenda to send it back. I'll bend some and say okay, look. Just give us some type of identification for everybody's safety. So, what do we need to send it back to have it amended to one-quarter of the sign? BRUESCH: Mr. Mayor. TAYLOR: Excuse me. Can Mr. Kress answer that? ROBERT KRESS, CITY ATTORNEY: Well, there's a motion on the floor that you've been discussing so probably it would first be appropriate to take care of that motion. TAYLOR: All right. Let's take care of that. McDONALD: Mr. Chicots, can you tell me if you know of any Asian business in the City that does not have its street number on the building and its unit number, A B or d in a mini-mall? CHICOTS: Mr. Mayor. When the buildings get built and the tenants move in and occupy them they're required to have business address, building numbers, during the course of the time that they're in the building the numbers could get removed. Most of them do have them, though. TAYLOR: Mr. Mayor, I'd like to call for the question on the motion and that takes precedent at this time. McDONALD: The question's been called for. We have a motion and a second to repeal ordinance No. 660. Please vote gentlemen. Yes: McDonald, Bruesch No: Taylor, Imperial Absent: DeCocker Abstain: None TRIPEPI: Okay. Now you can take up the other issue. MCDONALD: Okay. The motion dies because of a lack of a majority. TAYLOR: I'd like to have another motion that we send the ordinance back to reduce it to one-quarter of the sign. IMPERIAL: Second that motion. BRUESCH: Mr. Mayor. McDONALD: We have a motion and a second on the floor. Mr. Bruesch. BRUESCH: I'll go back to my original feelings about this, the ordinance No. 628. If we say English language on the signs, again I'll refer to Der Weinerschnitzel, which is German and all the Spanish signs. If we apply this only to Asian character signs then it's obviously unconstitutional. If we're going to say, any sign ordinance says that whatever percentage is going to have to be in English, if it's not in English, I remind this body that that means any language whatever that language be. TAYLOR: What is our existing ordinance? The exact wording of it. BRUESCH: It says that all commercial, industrial, professional offices shall identify the type of business in English language; all businesses shall have the required street number, which is already part of the ordinance; at least 500 of all on-premise signs shall be in the English language; the English language portion of each sign CC 6-26-90 Page #11 0 • BRUESCH CONTINUES: shall utilize letters of corresponding size to non-English letters or characters appearing in the sign. That means that if we apply this to a Chinese character sign and not to La Fonda or Weinerschnitzel then we are applying it unequally. And that will be unconstitutional. TAYLOR: Shall we make it, the lettering that is used in the signs? BRUESCH: We could make it in...... McDONALD: It says Arabic. TRIPEPI: It says they have to be English letters. MCDONALD: English letters, Arabic numbers. BRUESCH: You notice it says English language. It doesn't say..... TAYLOR: Does that apply to the Spanish language and Der Weinerschnitzel? BRUESCH: Yes, it sure does, according to the way it's read. TAYLOR: No. My question is the letters. Let's get specific. McDONALD: Where does it say letters? BRUESCH: It doesn't say letters. It says language. McDONALD: It doesn't say letters? BRUESCH: No, it does not. It says language. TAYLOR: Okay. Then what should we put in it to specify the type of letter? BRUESCH: Roman lettering? IMPERIAL: Well, then maybe just change it from language to letters. McDONALD: Gentlemen. We have a motion and a second on the floor. I call for the question. TAYLOR: Wait. Wait. I withdraw my motion. McDONALD: You withdraw your motion. TAYLOR: Now, let's clarify what motion we may want to make. McDONALD: We've got a second on your motion already. TAYLOR: I withdraw the motion. IMPERIAL: I withdraw the second. McDONALD: Mr. Taylor. Go ahead. Say what you'd like to say. TAYLOR: All right. What do we need to put in there so that everybody understands. Do we want Roman letters? Do we want Arabic letters in it? Let's come up with something. BRUESCH: Arabic numbers and Roman letters. I think whatever we do is going to be challenged but at least we have a reason for doing it in terms of what Councilman Taylor has been saying about policing powers, having the type of business and the address being on the sign recognizable by just anyone in our policing powers, whether it be a fireman or a policeman would at least have the weight of law saying that we need to identify these signs and by saying that it's English lettering or Roman lettering or whatever the verbiage would be would not be penalizing those non-English signs that we already have in the city especially in those places that use Spanish and place names, like Del Mar. CC 6-26-90 Page #12 • 0 McDONALD: Mr. Kress. Is there any sign ordinance that you know of at this point in time that has to do with language that is constitutional? Restricting size and type? KRESS: No, I'm not aware of any such ordinance. I read the court's decision as saying that you just cannot deal in this area. It cannot be justified. MCDONALD: Thank you. TAYLOR: All right. A question to Mr. Kress. Do you think it would be appropriate to put it in Arabic lettering or Roman lettering? What would you think would serve the most people of the community? KRESS: I think that if you look at the ordinance you have three provisions. Number one says all commercial, industrial and professional office on-premise signs shall identify the type of business e.g. restaurant, market in the English language. All right. So, that's your identification to deal with the police power issue. Number two says all businesses shall have the required street number identification in Arabic numerals. That's the other part of the emergency identification. Then you get into the percentages. It's my opinion that that's not defensible. IMPERIAL: Mr. Mayor. McDONALD: Just one second, Mr. Imperial. Are you saying that if we cut out the percentages there we can have an ordinance? KRESS: I'm not in a position to offer you any guarantees but if that's the rationale that you're choosing for the underpinning of the ordinance I think that items 1 and 2 take care of that and you cannot really go on and say in addition to the identification to the type of business in the English language and the Arabic numerals then go on to a percentage that of necessity is an arbitrary one. TAYLOR: Mr. Mayor. Then I would like to make the motion that we amend Section 3 that it must be visible to be read from a distance of 50 feet. If a patrol car is on the street, a fire truck is on the street, a child is on the street that it must be readable from a distance of 50 feet. BRUESCH: In other words, delete..... TAYLOR: 500. And that will suffice as far as the normal person in the vicinity could report a fire, a burglary, a theft, a rape, a mugging. They could say it's at the market, it's at the bakery, it's at the gas station. And they could see it within 50 feet. TRIPEPI: So Mr. Taylor, the 50 feet would actually apply to Section 1. TAYLOR: Or what Mr. Kress made reference to in Number 3, what was it Bob? KRESS: Well, 1 and 2, the address numbers, and there are specific guidelines for that..... TRIPEPI: For those. Yes. So, really what I'm saying is is you delete number 3 which deals with the percentage and at the end of number 1 you just add as an example it says all commercial, industrial and professional office on-premise signs shall identify the type of business e.g. restaurant or market in the English language and be visible from at least 50 feet. BRUESCH: And all businesses shall have the required street number identification. TAYLOR: Would 50 feet reasonable or a minimum of 4" high letters. Those are 2" up there? BRUESCH: What is the ordinance for residences now? CC 6-26-90 Page #13 • TRIPEPI: Hang on. We're still on the first one. TAYLOR: You're talking resident numbers ? BRUESCH: Well, no. We do have a thing that says in setting up resident street numbers they have to be visible from a certain distance. Is that not right, Mr. Chicots? GARY CHICOTS, PLANNING DIRECTOR: It's in the Building Code. There just has to be contrasting colors and visible from the street. That's what the Building Code says. In other words, there's no specific size. It has to be big enough to see it from the street. TAYLOR: Those letters on the back side, the exit that we have up there are what, approximately 5"? CHICOTS: 4" or 511, 611. BRUESCH: Could be go with a number 3 saying that both type of business and street number...... TRIPEPI: There's a provision in the Code that deals with commercial.... McDONALD: Mr. Chien. In the effort of cooperation do you see that as acceptable? To have some sort of.....? CHIEN: I'm sorry. I have to decline in terms of saying.... I'm not in a position of say okay or not okay. Obviously you've decided to not go ahead with deferring 9906A. My position is just to report that back to my supervisor. At this point I'd like to say..... TRIPEPI: Wait a minute. I have a question. I've dealt with your supervisor. So, you're not going to inform your supervisor that in the interest of compromise the Council has developed an alternate ordinance? You're just going to tell her that we didn't repeal the ordinance? CHIEN: At this point, like I said..... TRIPEPI: I'll contact your supervisor, myself because I've dealt with her on the phone. That's fine. You don't have to. TAYLOR: Mr. Tripepi. I think that's appropriate. That's why these minutes should be verbatim. Send a copy to Mr. Chien's supervisor and we're in a spirit of cooperation. There's no discrimination against a single person in this world. That's not the issue at all. I'd like to make that motion then and I'm going to say 5" lettering. McDONALD: Let's leave it without the size so you can recognize it from a certain distance would be most effective. TAYLOR: No. I'm going to go for the 5" and if that gets shot down; 5" is reasonable. McDONALD: Is that the size of our street letters? IMPERIAL: Mr. McDonald. The problem in there is my eyesight is not the same as Mr. Taylor's. McDONALD: No. But it has to be consistent with the numbering size. CHICOTS: Curb numbers are about 4" high. McDONALD: Mr. Miller, would you like to comment on size wise that you have in any of your codes that have to do with addressing. DEPUTY MILLER: Basically we need to be able to see it from the street. Something further back would have to have something larger. McDONALD: That's what I'm saying, Gary. If it's from a distance you'd have to see it. CC 6-26-90 Page 414 • 0 MILLER: It should be whatever it takes to be seen from the street. McDONALD: By a reasonable individual that has..... IMPERIAL: I think we have to discover a pattern. In other words we have to go with maybe your average eyesight at 2100 and make it visible at 50 feet. Then anybody can see it. McDONALD: visible at 50 feet or from the street? We're not restricting size to anything. TAYLOR: Well, Mr. Mayor, there's a reason for that. You talked about the size of the curb lettering. All right, I'd like to a minimum of 4" or visible from the street and as Jack just said if it's a 100 feet back then they may have to go a larger size but I think 4" is reasonable. I'd be willing to bet that there'll be 1" signs there because somebody can stand on the sidewalk at a store front window and say there it is. McDONALD: I myself don't see that there's going to be a problem because I think we've had cooperation with the Asian community and I think it's going to work out fine but if this is in the spirit of cooperation and you'd like to try this amendment to the law and see if it is constitutional I would certainly go along with it. We have a motion. TAYLOR: Mr. Mayor. You're a hundred percent correct because we haven't got one official complaint within the City. Not one complaint from any businessman. So, I would like to make that motion then that it be a minimum of 4" letters or visible from the street. IMPERIAL: I'll second that. TAYLOR: And visible from the street. BRUESCH: That would be the number 3, replacing number 3. McDONALD: Did you get that down, the wording there, Mr. Kress? KRESS: I got it. If only I had the laptop computer we could..... McDONALD: We could just do it right now. Okay. We have amendment to the ordinance. Please vote gentlemen in the spirit of cooperation. Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None McDONALD: Thank you, Mr. Chien, for all your information and I'm sure you'll be in contact with us. BRUESCH: I'd just like to commend the Chamber and especially Mr. Boyd, who's sitting out there, for working with the Asian community in accepting some of the ordinances of our City. Without people out there in the front line promoting harmony like the Chamber and Mr. Boyd we'd probably have a lot more problems than we do. END VERBATIM DIALOGUE D. ORDINANCE NO. 666 - AN URGENCY ORDINANCE AMENDING ORDI: NO. 247 AND ESTABLISHING A 10:00 P.M. CLOSING TIME FOR ZAPOPAN PARK The following ordinance was presented to the Council for adoption: ORDINANCE NO. 666 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ORDINANCE NO. 247 AND ESTABLISHING A 10:00 P.M. CLOSING TIME FOR ZAPOPAN PARK CC 6-26-90 Page #15 • Councilman Taylor requested that the closing time be amended to 9:00 p.m. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that ordinance No. 666 be adopted as amended. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF STORM DRAIN EASEMENT AT 8334 PARR STREET CC-B CITY CLERK VACATION REQUEST CC-C AUTHORIZATION TO REJECT CLAIM FILED AGAINST THE CITY BY MICHAEL G. BENDER, et al ' CC-D ACCEPTANCE OF WORK FOR 1989-90 SLURRY SEAL ON VARIOUS STREETS CC-E APPROVAL OF CITY PROSECUTOR PROPOSAL CC-F APPROVAL OF CDBG SERVICES AGREEMENTS CC-G PURCHASE OF SPEED MONITORING AWARENESS RADAR TOOL CC-H COOPERATIVE AGREEMENT - SAN GABRIEL BRIDGE AT POMONA FREEWAY CC-I TEMPORARY ANGLE PARKING ON HART STREET MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. TIME BASED TRAFFIC SYNCHRONIZATION ALONG VALLEY BOULEVARD Councilman Taylor ascertained that this would eventually include Garvey Avenue, also. MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR McDONALD that the Council approve the traffic synchronization. vote resulted: Yes: Taylor, McDonald, Bruesch, Imperial No: None Absent: DeCocker Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Bruesch asked staff to obtain the status of reverse flow. CC 6-26-90 Page #16 VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. MAYOR'S APPOINTMENTS FOR 1990-91 There were no objections to these appointments and no further action was required. B. COUNCILMAN TAYLOR 1. Asked that Rosemead Pool be lighted all night as a security measure because kids are climbing the fences and using the pool after hours. C. COUNCILMAN BRUESCH 1. Asked for the memo he had requested regarding monitoring minimum pay warrants for the slurry seal striping subs. VIII.ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore St., reported an ugly trailer; expressed appreciation for the fencing at Zapopan Park; and supported the budget proposal from Family Counseling Center. B. Leroy Young, 7533 E. Garvey Ave., asked about his driveway being measured. C. Cleo Young, 7533 E. Garvey Ave., stated that immigrants who are coming into the United States should not try to change it. D. Margaret Clark, 3109 N. Prospect, commended the street sweeping service and requested that information be disseminated to the public regarding water conservation. There being no further action to be taken at this time, the meeting was adjourned at 9:31 p.m. The next regular meeting is scheduled for July 10, 1990 at 8:00 p.m. Respectfully submitted: APPROVED: C/' 'Y Clerk MAYOR CC 6-26-90 Page #17