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CC - 06-23-87APPRO E" CITY OF ROSr_MEA1) DAT MINUTES OF THE REGULAR MEETING BY ROSEMEAD CITY.COUNCIL JUNE 23, 1987 AT 8:00 P. M. The Regular Meeting of the City Council of the City of Rosemead was called to order at 8:15 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, Calif. Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Reverend Cliff Gravitt. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Imperial, McDonald, Taylor and Mayor Cleveland Absent: None APPROVAL OF MINUTES: JUNE 6, 1987 - ADJOURNED MEETING MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN BRUESCH that the Minutes of June 6, 1987 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: JUNE 9, 1987 - REGULAR MEETING Councilman Taylor requested clarification on page i12, 3rd paragraph and page #3 and Councilman Bruesch requested a change in wording on page #4. He requested that these minutes be de- ferred to the next meeting for approval. There being no objection, it was so ordered. PRESENTATION: Janet Joson Mayor Cleveland presented Janet Joson, formerly reporter on the Sun Independent Newspaper; with a Resolution of Commendation for her outstanding reporting abilities and thanked her and wished her continued success as a journalist. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Arnold Darrow, President of the,Rosemead Chamber of Com- merce, thanked the City Council for the wonderful "plaque which was commemorating the Chamber's 60th Anniversary. B. Violet Lerner of Alhambra said she had attended meetings regarding the school site in Rosemead, and she wished that there were more Councilmembers like Jay Imperial, who is a damn good fighter. She stated that there should be people like that in Alhambra. Mayor Cleveland thanked Mrs. Lerner. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE, WHICH AMENDS THE STANDARDS CONCERNING LOT COVERAGE AND DENSITY REQUIREMENTS IN LIGHT MULTIPLE RESIDENTIAL(R-2) AND MINIMUM LOT SIZE IN THE PLANNED DEVELOPMENT(P-D)ZONE Mayor Cleveland stated that the Public Hearing was now open and inquired if there was anyone in the audience who would care to speak. Margaret Clark, 3109 Prospect Avenue, Rosemead, stated that she was very much in favor of this Zoning Ordinance amendment. She read a letter from her neighbors who were not able to be pre- sent at this Hearing: CM 6-23-87 Page N1 lop, ~ ~ ,Gvr~ci ~e~,~< L~L1'Y~c/ LL G~~Gt~uif- s~ •Gl/-~u~>rz.~-~.c_ ~C~ G~ /Z~-.c_.c~ arc-~!i c~ c~✓ ~~i/ /~•t /J ficelti -G~LC1? C~c~,c~•ci C~/rbfi C.°ti~ pC~~-CV-~✓ L One/ z`0~~-cc. T~e..G~.c~.✓ iris-u~-e. .~..,.z 2,, exJ LU~v G<yu-ALL (o!~ Ge~e.,.~2~ ~CM 6-23-87 Ca" Cuc c` / zoc Page #2 Mrs. Margaret Clark stated that if the developmen.ts..continue to mushroom throughout the City, there will be a major problem. She stated that she and her husband are very much in favor of this ordinance since it will allow more space for the children to play. Mrs. Clark added that she lives on a large enough parcel of land that could have two more units on it and if this ordinance passes, there will only be one allowed; however, if they were thinking purely from a financial standpoint, they would have as much to lose as anyone, but their financial values are not as high as other things for them. She urged the Council to pass this ordinance. Mabel Thomas, 2437 N. Denton, stated that her property had been R-1 when they had purchased it; however, when the City took over the zone had been changed to R-2. She was opposed to this change because her son had sold his home and purchased another one elsewhere, and the people who had purchased his home backed out of the deal because they will not be allowed to utilize it as planned. Councilman Taylor stated that whatever is on the property now may be maintained and kept that way, and requested the City Attorney to clarify his statement that if there were three houses on a piece of property already existing in a grandfathered state, he believed that it would remain as status quo. Robert Kress, City Attorney, requested that the Planning Director, answer that question. Gary Chicots, Planning Director, stated that the non-con- forming section of the Zoning Ordinance allows non-conforming uses to be rebuilt or reconstructed as long as they don't exeed 75% of the assessed value. If the house completely burns down, it would probably exceed that amount. Councilman Bruesch inquired how many houses are on her.son's property now. Mrs. Thomas stated that there is only one house on the property; however, the potential buyers had intended to bulldoze, it and re- build on the site.but with this new ordinance they would not be able to do what they had planned for the site and so they backed out of the sale. She was upset by these new regulations because she felt that they would not be able to get as much as possible for their property with the adoption of the ordinance. Councilman Bruesch stated t was being considered was because R-3 lots and they wanted to have by tightening up the regulations the problem that is so prevalent so it doesn't happen here. Tat of be on in the the tter the Mon reason that this ordinance rampant growth of R-2 and control over these lots and R-2 lots this can address terey Park and other cities James R. Clark, 3109 Prospect Avenue, stated that their property could accommodate 4 or 5 dwellings, but they have chosen not to, and he is in favor of the ordinance being considered, and he urged coura- geous and timely action on it. Antoinette Fabella, 3055 N. Prospect Avenue, read a letter from L.,Taliaferro,_ a Rosemead resident: June 23, 1987 To: The Members of the Rosemead City Council From: L. Taliaferro, A Rosemead Resident You, the Rosemead City Council has been chosen to represent the City of Rosemead. A zoning standard modification has been proposed to you. I urge you to approve it tonight. Sometime ago I wrote to you regarding my concern of the development underway on the 7500 block of Whitmore Street in Rosemead. Specifically, a parcel on which was developed 6 CM 6-23-87 houses. Page #3 0 Letter continues: Since that time, a single family home was sold and then a beautiful yard and children's play area was destoryed to build a large 2-story building in the back of the lot. Also, can you imagine walking down your street one evening and seeing a bulldozed lot that was a single family house when.youu left for work that morning? That is exactly what happened next door to the aforementioned development. I can't even conceive what kind of structures will now be on the property because there is so much wood and so little Land left it just look likes a bunch of buildings. If zoning standards are not changed immediately Rosemead will become dreadfully over developed. r children will have no room 1411 U to play. Rosemead is a lovely, qua , family community with parents dedicated to raising their children in the purest environment possible, which is precisely the reason we moved East out of Los Angeles to Rosemead. It is rather difficult to do this when our children will have no grass, trees or simply a place to play that is not concrete. Please vote yes with your approval tonight. Thank you. Trudy Billings, 7542 Melrose Avenue, read;a.letter from.Holly Knapp: Holly J. Knapp 8367 Xhitmore St, Rosemead, CA 91770 June 22, 1987 Rosemead City Council 8838 Valley Blvd. Rosemead, CA 91770 Gentlemen: Sorry I couldn't be here tonight, but we are on our way back to celebrate the Bicentennial of our U.S. Constitution in Philadelphia Just would like to state my position concerning the l'threat" of eminent domain by the Alhambra School Board who has not seen fit to lift the Z.I.R.'s on the 3 sites and mentioned coming back to build a new high school in Rosemead.in 5 years (where they say the growth will be.) Please take the steps necessary now here in our city to stop the overdevelopment that could be their excuse - so we don't have to go through what Monterey Park just did, i.e. the no on Recall, etc. Please go ahead with this excellent suggestion concerning the revision of the P-2 and P.D. Ordinance. Thanks so much for allowing my input. See you all in a month. CM 6-23-87 Page y4 0 Mrs. Trudy Billings stated that she also would like to see this ordinance adopted. Edmund Cheng, 701 E. Garfield, Alhambra, Civil Engineer, stated that he was not opposed to the ordinance nor in favor of the ordinance. He only wanted to have some answers to some questions. He stated that a client hired his company to draw some plans about a month ago; however, before.he submits these plans to the City for plan check, he wanted to know what the backlog is. .He had asked Willdan and they stated that there was a backlog, of about two months for a plan check. Since the plan check costs a substantial amount of money, and escrow has not closed yet, Mr. Cheng does not know what to tell his client. He inquired when the ordinance,if adopted, would take effect. Robert Kress, City Attorney, stated that if the ordinance is introduced tonight, that means on July 14th, it will be back for the second reading and adoption, and assuming it is adopted on July 14th, it would become effective on August 14, 1987. He commented that at that point any building permit issued, would have to conform to the zoning code as amended and these new standards. It would not make any difference if any project was in plan check or any other state of readiness. If your client had a building permit that was issued under the old rules, and it was executed and began construction, you would be able to continue and finish that construction. If you don't have a building permit and have not started construction, you would be governed by the new rules. He added that Mr. Cheng should get together with his client and go over exactly what the impact of this ordinance would be. Mr. Cheng stated that in San Marino anyone who has submitted plans for plan check, even though there is a moratorium, would be allowed to proceed with their construction based upon their old rules. He felt that was a more logical way of handling this si- tuation. He wondered if that would be an acceptable way for the City of Rosemead to handle this problem. Councilman Imperial felt that Mr. Cheng's questions could be answered after the Council has made.a decision regarding this ordinance. He added that there has never been an ordinance passed that has not affected someone adversely, and what the Council is doing is trying to protect the land for the'.residents_of Rosemead. He stated that this is a single family community and this is the way that he would like to have it kept. He added that if he had had his way, there would not have been a condominium built in this community or an apartment complex built in this community, and if he has his way there will not be any more built. Councilman Bruesch stated that he realized that there are going to be people hurt by these changes, but the Council is looking for the greater good in the distant future. He stated that housing has to be provided for the residents, but not to the point where it would destroy the infrastructure of the City. He added that the growth in Rosemead's population has to be con- trolled so that Rosemead does not have to face the problems that other communities are now facing with.an overburdening of their infrastructure. Mr. Cheng stated that professionally he has to tell his client what to expect, so,therefore,he inquired if he were to pick-up a building permit by August 13, 1987,would he be allowed to construct'th'e development as planned. Robert Kress, City Attorney, stated that these questions cannot be answered and this is not a negotiation session. Mayor Cleveland stated that there would be an answer to the question after the vote is taken on this ordinance, and Council- man Taylor reiterated that same statement. CM 6-23-87 Page N5 Andrew Yang, 1616- Chapel Street, Alhambra, questioned why the R-2 are the only areas being down-zoned, and why the City Council does not control the Condos and.Apartments. He felt that the new units that have come in have brought up the pro- perty value. He felt that restrictions should be placed on the large units and not on the small ones. Councilman Taylor stated that in the past three years the Council has done just exactly what Mr. Yang was talking about regarding the condos, planned developments and apartments. The same action tonight involves the P-D zone where over-building has been taking place and he stated that these issues have been discussed for the past three years not just tonight. Councilman Bruesch commented on Mr.Yang's,statement that the R-2 lots were being down-zoned, and he corrected him by saying that the R-2 lots were not being down-zoned, and added that restrictions are being tightened up on the R-2 properties and P-D developments. This will allow people who want to develop their property to do it within the confines of the restrictions placed on the R-2 properties.' This will only limit the number of units on certain pieces of property, and this is-to control the growth that is.being anticipated. Saul Leff, 318 N. New, Monterey Park, stated that he has been fighting over-building in Monterey Park for the past three years, and spoke in favor of the restrictions that this ordinance would place on R-2 and,P-D developments. Al Pino, 7644 Highcliff, Rosemead, was in favor of the restric- tions, and added that he felt that it was action that was overdue. Mayor Cleveland inquired if there was anyone else to speak regarding this matter. -No one came forward and the Public Hearing was closed. Councilman Bruesch inquired about the definitions of housing units and asked if each part of a duplex was one unit. A duplex would require 9,000 sq. ft. of land. Robert Kress, City Attorney, stated that housing unit was the same as dwelling units and a duplex has two dwelling units. Councilman Bruesch inquired what the restrictions were on the number of units in the mixed-use zones. Gary Chicots, Planning Director, stated that what has been done in the mixed-use zones, is to pattern the ordinance after the pro- posed General 'Plan, and.this ordinance basically says that all in the areas of low density residential, the P-D would have to reflect what is stated in the General Plan, and the same would be true as far as medium density and high density. Mr. Chicots stated'that re- gardless of what the existing zoning is, a P-D Zone request would have to conform with what the General Plan states. Councilman Bruesch stated that what he was asking about is the mixed-residential/commercial. Gary,Chicots stated that the City does not have a zoning or- dinance that spells out what a mixed-use residential is, and this would not apply at the present time. Mr'. Chicots stated that whatever the Council approves in the Zoning Ordinance, that would be the mixed uses allowed. Councilman Bruesch stated that he liked the coverage of 45%. He suggested that.the houses which have a minimum of 750 sq. ft. be increased in size to 1,000 sq. ft for detached houses, and for duplexes a minimum of 750 sq. ft. Mayor Cleveland stated that this could be brought up at another time for consideration. CM 6-23-87 Page #6 0 The following Ordinance was introduced on its first reading: ORDINANCE NO. 606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART V SECTION 9105 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING THE LOT COVERAGE AND DENSITY REQUIREMENTS AND REPEALING SECTION 9105.20 CONCERNING DEEP LOTS IN THE LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE AND AMENDING SECTION 9120.7 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING MINIMUM LOT SIZES FOR RESIDENTIAL PROJECTS IN THE PLANNED DEVELOPMENT(P.D)ZONE MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN IMPERIAL that Ordinance No. 606 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATION: JUNIOR CHAMBER OF.COMMERCE Dave Campbell introduced some young men from the California J.C's, who want to form a group for a Rosemead'J.C. Rusty Watson, Regional Director, Jerry Snyner, President of Arcadia J.C. and Robert Burke, who wants to form the Rosemead J.C. In the past the Rosemead J.C.'s have done a lot of project for the community, but the chapter died due to a lack of recruitment several years ago. He and Mr. Bill Ortiz, Planning Commissioner, have started a drive to start a chapter in Rosemead, and they already have 14 members and 20. are needed to receive a charter for the City of Rosemead. The Council thanked'Dave Campbell for the presentation and his efforts for a worthwhile cause. II. PUBLIC HEARING B. PUBLIC HEARING TO CONSIDER PROPOSED 1987-88 BUDGET AND APPROPRIATIONS LIMIT OF THE CITY OF ROSEMEAD Mayor Cleveland stated that the Public Hearing was open and inquired if there was anyone in the audience who would care to speak regarding'this matter. No one came forward and the Public Hearing was closed. The following Resolutions were presented for adoption: RESOLUTION NO. 87-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING AN APPROPRIATIONS LIMITATION FOR THE 1987-1988 FISCAL YEAR MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 87-20 be adopted. Vote resulted: AYES: Councilmen Bruesch, Imperial, McDonald and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN:None Whereupon the Mayor declared said motion duly carried and so ordered. RESOLUTION NO. 87-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1987-1988 AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 87-21 be adopted. Vote resulted: AYES: Councilman Bruesch, Imperial, McDonald and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None CM 6-23-87 ABSTAIN:None Page N7 Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that the record show he is 95% in favor of the Budget as presented and he thought staff did a good job on the overall figures; however, his "no" vote is just to register his protests against some of the transportation pro- grams such as the Shopper Shuttle, and the CDBG grant:'expenditures that he has opposed such as some of the loan programs. Councilman Bruesch congratulated the staff on keeping the City well-within their means, and commented on a lot of other cities who have a problem keeping within their-Gann Limitations. LEGISLATIVE A. RESOLUTION NO. 87-22 - CLAIMS & DEMANDS RESOLUTION NO. 87-22 A RESOLUTION OF..THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $451,098.97 NUMBERED 00276-00302/19638 THROUGH 19738 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN McDONALD that Resolution No. 87-22 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 87-23 - RESOLUTION OF INTENTION TO VACATE 10 FOOT ALLEY SOUTH OF GARVEY(PROSPECT - JACKSON) RESOLUTION NO. 87-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXPRESSING ITS INTENTION TO VACATE AN ALLEY SOUTH OF GARVEY AVENUE BETWEEN JACKSON AVENUE AND PROPECT AVENUE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 87-23 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-B, CC-D, CC-G, CC-I, CC-L & CC-N;Deferred) CC-A POW/MIA FLAG RAISING CC-C ACCEPTANCE OF VALLEY BLVD., STREET & ON-SITE DRAINAGE IMPROVEMENTS CC-E TRAFFIC STRIPING--COLUMBIA STREET AT SAN BERNARDINO FREEWAY ON AND OFF RAMPS. CC-F LANE DROP--DEL MAR AVENUE AT GARVALIA AVENUE CC-H AUTHORIZATION TO SOLICIT BIDS FOR 24TH HANDYMAN PACKAGE CC-J CLAIM AGAINST THE CITY ON BEHALF OF JOSEPHINE MARSHALL CC-K APPROVAL OF PLANS & SPECS AND AUTHORIZATION TO SEEK BIDS FOR CITY HALL/GARVEY PARK RESTROOM MODIFICATIONS CC-M VACATION REQUEST FOR CITY MANAGER MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD that the foregoing Items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 6-23-87 Page #8 T. E CC-B ELIMINATION OF .50 CENT PER RIDE FEE FOR SHOPPER SHUTTLE Councilman Taylor inquired how the Shopper Shuttle system would be monitored. Frank G. Tripepi, City Manager, stated that elimination of the 50-Cent Shopper Shuttle Fee is for a period of two months, and a log of riders on each bus on each route will be kept and the times throughout the day. The driver will have to do this as they make their stops. Councilman Bruesch stated that the reason that he had recom- mended that this elimination of fees be tried was because compared to other shopper shuttles in other cities where there is no fee charged there is a greater:'_increase in ridership. .'.The two month period would cost the City about $800 to $1000 per.month and this would show if the ridership would go up if there is no cost to the residents. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD that the .50 Cent fee for the Shopper.Shuttle be eliminated for a period of two months. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-D DANCE & ENTERTAINMENT PERMIT FOR GENTLEMEN'S TEAHOUSE AT 8062 E. GARVEY AVENUE Councilman Bruesch stated that he thought that the Gentlemen's Teahouse already had their ABC License, and inquired what will hap- pen if they do not get their ABC License. Donald Wagner, Assistant City Manager, stated that the Teahouse has withdrawn their application for a ABC License to sell beer and wine. If-they do resubmit an application for an ABC License, then they will also have to reapply for a Dance and Entertainment Permit. There will be no alcoholic beverages whatsoever. MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN McDONALD that the Dance and Entertainment Permit for the Gentlemen's Teahouse at 8062 E. Garvey Avenue be approved. Vote resulted: AYES Councilmen Bruesch,.McDonald,;Taylor and Mayor NAYES: Councilman Imperial ABSENT: None ABSTAIN:None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman.Imperial stated that his reason for a "no" was because he did not feel that this establishment should be given a license for entertainment, and he has lots of questions re- garding the business in general. CC-G MARKED CROSSWALKS--DOROTHY STREET AND DEL MAR STREET Councilman Taylor inquired if there had not been an issue raised by parents or the school that there was an alley that was used by the children down to Dorothy Street, and at that time he thought that the City had placed a temporary crossing guard there. Frank G. Tripepi, City Manager, stated that there had been a temporary crossing guard placed there during the construction period. Councilman Bruesch stated that the intersection of Del Mar and Hellman is becoming a real problem, and no matter how many times the children are told not to,.they are still crossing at that alleyway, and are crossing at various points on Hellman. He felt that there were two problems, Dorothy at Del Mar and Kelburn Avenue.and Brighton Avenue at Hellman and these are the places where the children are just dashing across the street. CM 6-23-87 Page k9 ri 0 Councilman Bruesch requested that there be a traffic study made regarding this area. He stated that the problem is growing with the all-year schools. Councilman Taylor. agreed with Councilman Bruesch in deferring this item and it"be`returned`to ah@ Traffic Commission for further information. 'He commented that the traffic count had been taken 4 years ago, May 5, 1983, and he requested up-dated figures on the traffic count. There being no-objection, this item was deferred for further information and study.to the Traffic Commission. CC-I APPROVAL OF BID SPECIFICATIONS FOR BUS SHELTER MAINTENANCE Councilman Taylor stated that he was a bit surprised by the bid specifications and the requirement procedures, the contractors qualifications and statements. He did not feel that on something as small as maintenance of the bus shelters should have this re- quirement. He also felt that there was a disparity since it is not in the Bid Specifications for the Graffiti Removal Contract. He felt with something this small,it should not be necessary and references would be able to take care of this. Robert Kress, City Attorney, stated he had added that require- ment to this item and since the last RRA Meeting, he thought that had been the decision that this requirement be added to all future on-going contracts This was to.get as much information at the front-end as possible so that there are not problems later. Councilman Taylor stated that he was not opposed to getting as much information as possible; however, he felt that if this is going to be the policy, then it should be done inv.-all,-contract speci- fications, and should have also been done on CC-L, Graffiti Removal Specifications. He could understand why it was necessary on.the larger projects to know how much experience a contractor has. He just felt that there had been a disparity in this case, and he questioned how it was going to be handled. He wanted discretion used when the bids are brought in on CC-I. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the:-Specifications on Bus Shelter Maintenance be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-L APPROVAL OF SPECIFICATIONS & AUTHORIZATION TO SEEK BIDS FOR GRAFFITI REMOVAL SERVICES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL 'that the Specifications for Graffiti Removal Services be approved and authorization to seek bids be granted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-N SB 442(BERGESON) Councilman Bruesch stated that he was not completely'.opposed to SB442; however, he was opposed to the portion in it that allowed the eminent domain rights to private individuals. He felt that a letter should be sent to Senator Bergeson informing her that she should present a similar bill without the eminent domain rights. Councilman Imperial stated he did not want to see anything from Senator. Bergeson, if this is the type of legislation that she is authoring. Councilman Taylor questioned why this law was even needed, and it probably is being considered because of-the-changes to the Redevelopment Law.,which now requires the vote of the people be- fore the establishment of a Redevelopment Project Area. This law would circumvent that election-requirement. SB442 would allow 3 people-anywhere in the-City.to come in and request the Agency to condemn that property with.one public hearing. CM 6-23-87 Page #10 MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN McDONALD that staff be.directed to draft the appropriate'cor- respondence stating the Council's opposition to the bill. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor inquired who this resolution would be sent to. Frank G. Tripepi, City Manager, stated that the Council has an up-hill battle on their hands, and according to the Legislative Advocate there is absolutely no opposition to this bill in Sacramento. It has passed the Senate floor 28 to 0, and on the Senate Appropriations 28.8 and was not even voted upon and in the Senate Local Government Committee it came out of there with a 4 to 0 vote on April 20, 1987. It is now going to the Assembly side, and since there are no State Appropriations for the Bill, it basically accepted. If anything is going to be done it will probably be with the Local Government Committee on the Assembly side. Councilman Imperial stated that from the dissertation by the City Manager, it shows that there are a number of sleepers in the Senate, and he felt that this resolution should go to the Contract Cities, League of California Cities and the Inde- pendent Cities and anyone else who will look at it. He felt that this was a very important issue. VI. STATUS REPORTS A. ORDINANCE REGARDING RESTROOM FACILITIES AT SERVICE STATIONS Councilman Imperial stated that he did not feel that this Ordinance,which requires restroom facilities in Service Stations, really goes far enough, and felt that it should be required in other buildings..'. Councilman Taylor stated that he agreed with Councilman Imperial; however, he felt that this was a step in the right directionand it will at least get something accomplished. Councilman Imperial inquired how the City planned to en- force this Ordinance. VII. MATTERS-FROM , OFFICIALS A. Councilman Bruesch commented'on AB711(Co.ndit.)..which amends the State Penal Code about.- the sale of sexually explicit and harmful matters to minors, and regulating the display of these materials. This would not allow the City to prevent the sale; however, the display of these materials can be regulated. An ordinance may be adopted to regulate this display. He requested that an:.ordinance. be placed on the Agenda for consideration at the next meeting. B. Councilman Bruesch commented about AB503(Sterling) regard-- ing Freeway planting, and if there are any particular on-or off-ramps that need planting; the City can do it with their funds and Caltrans can pay the City back when it becomes part of their plan. He re- quested information regarding this since there are two underpasses in Rosemead that could use this. C. Councilman Bruesch commented on.a policy which has been adopted by the LACTC which was approved federally, that Prop A funds that are left-over can be given to tbe.LACTC and it can be exchanged for FAU funds for 'street purposes. There would be a one- to-one return with no discount on the Prop A Funds, and he felt that this would be a terrific way to use Prop A Funds. D. Councilman Bruesch directed staff to use any resource available to make a survey of all houses that have metal gratings on the windows. He wanted to make sure that they are all up to Code and they all have break-away latches. Herequested that all information regarding the requirements of the Code be published in the City Newsletter. He requested that this meeting be ad- journed in memory of the three members of the Garcia family who lost their lives in the tragic fire on Isabel Street. CM 6-23-87 Page #11 • • VI. E. SB1158.(DAVIS) Councilman Taylor inquired what the difference was between being charged'for a crime and an arraignment. Robert Kress, City Attorney, stated that an arraignment is a court proceeding ai which a judge or a magistrate gives you your rights as it deals with answering the charge, your right to con- front witnesses, your right to remain silent, your right to an attorney and so forth. Typically, an arraignment is what some have attended when getting a traffic citation. That is the formal arraignment in which a plea is entered. He stated that"charged with a crime"can mean a lot of things. It can be an officer is- suing a citation. It can be the District Attorney filing a complaint. It can be the Grand Jury issuing an indictment. Councilman Taylor stated that he supported SB1158; however, he was hesitant regarding the wording "charged" and hopefully, it would be cleared up when it gets to the courts. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that SB1158(Davis) be supported and appropriate correspondence be sent'to the legislature. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said 'motion 'duly carried and so ordered. Councilman Bruesch stated that the bill states that the results of these tests are confidential; however, he wondered if the admini- stering of these tests were'confidential also. Robert Kress, City Attorney,stated that they.are supposed to be. Councilman Taylor stated that at the last Council Meeting it was directed that the City Manager correspond with the Alhambra School District, and he inquired what written correspondence has been received from the Alhambra School District. Frank G. Tripepi, City Manager, stated that the Alhambra School District had been contacted and a letter has been sent to the Superintendent of the District and requesting the information in writing. He commented that he felt that they would respond within 5 days and if they do not, the Council will be advised and it will be placed on the next City Council Agenda as--a formal- r.equest_•from_ one political body to another. Councilman Taylor stated that Mr. Chen had made a comment re- garding the two months required for plan check. He requested that staff research the minutes prior to the time that Willdan was hired, and the way he remembered it was that one of the reasons that Will- dan was hired was that there would not be more than a two-week back- log for plan check. He requested that staff research for a period of year how'long it has taken from the time that plans have been submitted to the time that permits were issued on the plans. Frank G. Tripepi, City.Manager, stated that this would be pro- vided; however, there. is a period of time from the time that the plans are first.submitted and when they are returned to the archi- tect who may have them.out from four.to six weeks for corrections. He stated that he'would like to present a log of when the plans first come;.in, when they are returned to the architect for first corrections and when they are re=submitted so that the trail can be followed. Councilman Taylor stated that he felt that explanation was correct because there is that turn-around time for plan check, and he would appreciate having that information. Councilman Taylor stated that during the recess the City Manager gave to the Councilmembers some Sheriff's Reports that he had requested and had received about 5:30 or 6:00 p. m. at his home. He was not sure if the Council had time to read it or review it as yet. CM 6-23-87 Page #12 • VERBATIM Taylor: I was disturbed a week and a half ago when I was at my sisterb home for a graduation ceremony, my younger brother approached me while we were there having dinner, and he asked-he was concerned about an activity with the Sheriff's Department. And I was shocked and kind of surprised at what he told me. Put yourself in this po- sition, you are in your own home or in your own business, going about your own business unconcerned, or unknowing of. anything happening, and you are in your own building and a couple of Sheriff's Deputies come through the open door with their revolvers drawn. If that is not enough..to shock you, no matter what you are doing, and then you are ordered to put your hands over your head, then you are ordered to come forward and get handcuffed. Now, it is just a story as far as we are concerned, but put yourself in the perspective of someone: pointing a gun at you and you have no idea of what it is all about. And I did not have an explanation for him. I thought the procedure was wrong. It happened and he was upset about it, and I said I don't have the answer. I am sure what happened, but if you like, go ahead and let the'City Council hear what happened. He is here at the City Council Meeting tonight, and if you want to hear ...now, I am going to ask that he give you his side because we have the full report of four Sheriff's Deputies here. All written, more or less, what happened at the incident. So it is only fair that you hear the other side because for eternity these are going to be public documents now. So I would like for him to give his statement to put into the public document also,so we,can say, well, this is the way it happened. We have both sides. Not, this is the way we have it, four deputies were right. I am not saying that they were totally right or wrong. There was some room for some error. I'm not; condemning the total action. They were responding to a burglary, but it was in the wrong building that they entered though. So I would like, if my brother, Bud, wants to come forward to give his side of. it, so you can hear it and you them read the report. You have got both sides of then :rather than reading it one-sided. McDonald: Excuse me, Mr. Mayor., Mr. Mayor. Mr. Taylor Taylor: Make that announcement.. Excuse me the City Manager has an announcement to make. Tripepi: The information given that Councilman Taylor had requested is confidential, so -I would ask that-each of you remember that as you read through these items. It is confidential because you do nave a concern that has been voiced and possibly a complaint: There is an internal in- vestigation that is still going on. The Lieutenant who handled these interviews with these deputies is here this evening. So, Mr. Taylor is correct, you all have benefit of their side of the story, but it is not for public distribution or discussion. Right, Volker? Imperial: Mr. Mayor. Request that no part of this document furnished by the Sheriff's Department become a part of public record. I would like to make that very clear. I would like to hear this gentlemen's story. We can all make our decisions on what we feel, but I do feel very strongly that we were given a confidential document and it stay that way at this point. McDonald: 'Mr. Mayor, I think it would be inappropriate to have one side of the story told at this point without having the availability of the other side told to the public. I would think until their in- vestigation is.followed through and come to some sort of conclusion where both sides can be presented, that it would certainly be in- appropriate. Mayor: Are there any other discussions? Imperial: Mr. Mayor, I would have story. As far as I am concerned, He made an effort to come here and problem listening to that. Again, the Sheriff's Department has given side of the story. no problem hearing this gentlemen's he has a right to tell that to us. tell us tonight. I would have no it is not going to impact on what us. This is just this gentlemen's Taylor: If I may, Bud these are pretty good statements. They are good statements, as far as I am concerned, but so, there is no mis- understanding, I am going to ask that your comments be put in verbatim. So there is no misunderstanding. Is that alright?" CM 6-23-87 Page #13 Bud Taylor: Yes, that is fine with me. My name is Clayton Taylor, officially. I go by the nickname of Bud. I have a business esta- blishment at 9760 Valley Blvd. That is on the east side of Rosemead here. And from time to time the occupants adjacent to my property, have a body shop, they have been burlarized quite extensively. They put in an alarm system. The morning in question;that alarm went off at approximately 8:00 o'.clock. It is very loud. It makes enough noise to where the neighbors, we come out and we check. We look over, the fellow across the street, Rosemead Redwood Lumber, he checks it. I check it. Some of the other people on the street, we check it just to see what we can do if there is an incident. Apparently, the alarm is being set off by motion. Which is another problem. That morning in question, this occured about 8:00 o'clock and the alarm runs for 15 or so minutes and then it resets. So approximately, 8:20 or 8:30 I opened.the front door of my business there in order to show that the place is open and someone is there, and it keeps the kids from graffiting the door. That is why my door happened to be open that particular morning. At approximately 8:30, I am setting in my office and my son is in the shop there, and all of a sudden I hear his voice saying, Whoa, what are the guns: for? I step out of my office and here is two Sheriff's deputies, one in a crouching position, one off to one side of the door and they both have their guns drawn pointed right at our heads. And I said wait a minute, you guys, you are at the wrong place. And they say freeze, don't move. I said you got it. He didn't even have to tell me. I said I am putting my hands on top of my head. I mean, this is frightening, I am just standing there and there are two guys aiming right straight at your head. You know they know how to shoot. And I keep telling them, we are alright, it is next door. And they say don't move. And then they call me forward. They say you come over here. They pat me down. One deputy steps forward and tells my son to come over. Taps him down and puts the handcuffs on him. I said, you guys, you are making :a mistake. You are at the wrong place. Where are you sup- pose to be. The deputy behind me says 9670 Valley. I said, good, you only missed it by 100. It is next door. He says, isn't this 20th Century Auto? I said, no, it is not. The other deputy comes back to me, after he finished handcuffing my son. I said you are at the wrong place. He said have you got some I.D. I showed him my I.D. and he walks over and asks my son for I.D. and he said, I can't get it, my hands are handcuffed. So at that point, another squad cars pulls.up in front of the building. These gentlemen just refused to believe they were at the wrong place. Here, I can't tell you, you just don't know what it is like when you are about a breath away from having your head blown off. And these guys just missed the building entirely where they were supposed to be. I find that so hard to believe, that they come into a place, the door is open... The place where they were supposed to go the officer said they were supposed to be at 20th Century Auto. The building is next door and has signs 2 feet high on it. It has a street number too, and it is visible from Valley Blvd., and I.realize that there is a possibility of error there; however, I believe they really over-reacted and they should have been a little more careful: I just don't think that is the way that they should approach the situation. When people are going about their business like they are working, and these fellows come in with their guns drawn,.aimed right at you. They really meant business, and that is exactly what happened as I see it. I have no idea what is in their police reports or anything else. But:I don't like their method of approach to a problem. If there was a burglary in progress, I can see them taking the precautions necessary, but they certainly did over-react and.they did not have any room for discussion.when they came into that place. And that is all I have to say. Thank you gentlemen. Taylor: Was it Richard or Bobby that was there? Bud.Taylor: Richard. Taylor: O.K. That needs to be clarified in the minutes because the names are not correct. Bud Taylor: 0. K. That was my son, Richard Taylor. And he did identify.himself and he did present his drivers license. While one officer takes my drivers license and walks over to my son and asks for his drivers license, the officer behind me says, have you got some I.D. He was semi-conscious.in my opinion. CM 6-23-87 Page #14 • Taylor: O.K. you made the statement that one of them did not have a badge on. Bud Taylor: When I turned and looked at him, I looked for his name. I wanted to know who this fellow was. I turned and looked for his name and it wasn't there. Taylor: I want that clarified because the statement was made when you talked to someone..... Bud Taylor: One officer had his name tag and the other officer did not. Taylor: What did you or Richard have in your hand? Bud Taylor: I had absolutely nothing in my hands. Richard,had a screw driver in his hands. Taylor: O.K. Bud Taylor: Richard was walking across the shop with a screw driver in his hand. They were the first man they saw when they came in. Taylor: And when you first told me about this incident, over at our sisters house, do you recall what my reaction was? What I. told you could have possibly happened? Bud Taylor: Well, you said that mistakes can be made, as I recall, and yes, the probability does exist that they do go into wrong places, but other than that I can't recall. Taylor: Well, the fact that your two buildings are side-by-side. Bud Taylor: Yes, the buildings are side-by-side. Mine is a concrete block building with a split-face fence on it. It is an entirely different structure. The building next door which is the 20th Century Auto, which the officer repeated was where his call was for, 20th Century Auto, they have these letters painted in blue, 2 feet high. The`-building is stucco and sheet metal, entirely different type of structure. Just because two buildings are built close to each other, you can't associate them. Taylor: The other point I want to make is the address on the back of the wall there, you see the exit sign. There are four numbers above Bud's door that is exactly where that is with the same visi- bility. You have to put yourself in a position, and I told Bud that the fact that the buildings were close together, there is the po- tential for the mistake to be made. But I am surprised and perhaps, the Lieutenant can tell us what the policy is, if when you are going into a building, whether you know where it is or you don't know where it is, is there ever any identification or warning to identify that you are police. You are coming in, rather than you are going into unsuspecting occupants and residents in this City. I don't know what their policy is. But this is shocking to me. You have to be in that position. I don't know how it happened, and maybe the Lieutenant will tell us what':their policy is. Imperial Mr. M and I am glad we information that appropriate time police policy. is my opinion. ayor, I certainly wanted to hear Mr. Taylor's story heard it and I would like to draw out any other I can from him, but I don't know if this is the being that there is an investigation to talk about I really have some reservations with that and that Taylor:. Mr. Mayor, I have.no objections to that, since there is that investigation, perhaps, we could have it back here at the next City Council. That way you are all going to get...I am not talking about debating the whole issue, but I want it in the record that there is this investigation, and I expect more reports to come back, since that is what we are saying. Imperial: I am certainly in agreement with that. McDonald: Mr. Taylor had a few minutes to give his side of the story. At least we can get the generic side from Lt. Volker if he would like to come forward and give us this, at least the points that he wants. to make: Thank you very much, Mr. Taylor, I appreciate that. CM 6-23-87 Page #15 Volker: Mr. Mayor, this particular complaint was forwarded to me last week by the inquiry by Mr. Taylor. And I conducted a admini- strative inquiry. Which is also referred to as a supervisory in- quiry, which under the Police Officers Bill of Rights, is.a very important distinction between an internal investigation and an administrative inquiry. I feel a little uncomfortable speaking about this particular incident:-simply because I do not want to jeopardize my employee's rights under the Employee Rights. Taylor: Mr. Mayor, to relieve Lt. Volker, there I don't want you to discuss what the individuals did at all. What is the policy of the Sheriff's Department? Volker: The policy is one of Officer's safety first. Since you know, as we.all know, that burglars are armed frequently, and burglars have resorted to violent means to either to escape.... It is an officer'. safety issue, and I think....I have driven to the location twice. I wanted to make sure that the sergeant who conducted the initial` interview was driven to your brother's business, and my impression is that the single, the only single door facing Valley Blvd., is an immediate focus of attention for me as a police officer and.that as the only open visible door, there is an address number above that door. The building to me appears to be one building and it is not distinguishable between, the right side or the west side belongs to a different business than the left side or east side, which is labeled Century Auto Body. I see an open door and my training would lead me to focus on that open door, the single open door. What happens next is what I . Taylor: Point of clarification, even though the address, the two addresses on the same wall right there, one is the address that you are going to, the other address is another building. Volker: Is it different building or connected? Taylor: No, they are definitely different and the one that has the address on the same wall, but it is metal building. This one is a split faced building, block, and it has the address on top of the door. I just want that clarification. You are right with what you are saying. You would go into the open door even though it is the wrong building. Volker: It is the only visible entrance to that building.is it not? Taylor: To this block building. Volker: Yes.. And the Century Auto Body business entrance is where? Taylor: Facing on the corner of Strang or Brookline. Volker: But not onto Valley..Blvd. Taylor: No, the address is there. The gates and doors are on the east side. Volker: O.K. the address the burglary alarm address, the alarm company that gives our dispatcher the address, is a Valley Blvd., address, I believe. So, what I would like to tell the Council, right here is one thing, and I am a little emotional about it, and that is that any deputy responding to such a call, never appears there with malice in his heart and I am sometimes very astonished about the negative reaction of citizens and others....... . Taylor: But Lieutenant, let's put the shoe on the other foot. I respect your opinion 100%. You turn-around and put yourself inside of the door with somebody pointing a gun directly to your head when you are sitting in your office. Now, what is your feelings? Volker: I have done that. Taylor: What is your feeling? Volker: I can do that. CM 6-23-87 Page #16 • r Taylor: I agree with what you are saying, but ,I also agree 100% with any resident that they are entitled to their own security and self-confidence. That is not to be over-riden by any means because we favor one side over the other. I favor both. Your security of the officers, 100%. 100% for the residents too. I am not going to say,well, you are on this side of the fence, you get all the pro- tection. You get all the personal consideration. Do you understand what I am saying? Volker: Yes, I do. Taylor: I agree. I told my brother, I said, I think I could say that there was a mistake because there is no door to the 20th Century Motors, and I.told him that. I told him that's feasible, but it still scares the Hell out of John Doe,average citizen, when deputies come in and they have no idea... they could see them there. They have their guns drawn. But to go ahead and handcuff before they could even get their I.D. with the.guns on them, you say, well, these people, we had to handcuff them. I would be upset about it, but I am going to step a little bit out of line. Volker: O.K Taylor: My brother has not seen this report, but when the Council reads it, they are 95% accurate with what both of them said. So it ...they are going to jive, as far as ...I wanted that point, but I don't think what they did... we need the policy back to this Council so we can understand what.is happening. If these deputies cannot follow the.. policy, or.if.they.don't, how should I say,'respond a little-bit-differently ; we'are going-to be able to'.find out. Now,wait a minute, you are going to have to talk to these deputies. I want to tell you a little interesting story. Just prior to your coming here you know that there'was an incident that happened with the reporting of the sheriffs and the reports that were filed and a couple of de- puties were reprimanded. Do you recall that incident? It had to do with motorcycle riders. Volker: No; I do not, Mr. Taylor. Taylor: Well, anyway, it happened four years ago, in August of 1982 or something of that nature. Well, nothing happened after that. What I thought was a terrible injustice. The way things were handled. Two months ago I got a call from a court trial that was going on, and this deputy was back in again for similar charges, abuse of authority and such, and it was interesting, the charges were the citizen that had, filed these charges against the deputy, well, the deputy counter-filed and such, but the deputy ...the case was re- solved where the deputies charges were more or less just dropped. Because I was being subpoened to come into court to give the testi- money of what happened in Rosemead with this deputy. And the point that I am trying to make is,i.if the deputies, the great majority of them are good deputies, put that in the record also. I do be- lieve that, but when we have trouble, I am not going to put that under the rug. And this was not a serious crime. Somebody could have got shot with the wrong movement. Volker: May I say, Mr. Taylor. Taylor: Certainly, I am sorry.,.. Volker: Mr. Mayor, it is the furthest from my_mind when I conduct an inquiry investigation for your City, which I am assigned to, to even:have the slightest intention to sweep anything under the rug. Taylor: I did not mean that for you at all. I am saying.... Volker: I want to assure you of this. I think I may have made a great mistake by not personally hanging on to these papers and waiting and hoping to meet with you and your brother and to assure you that it was planned this afternoon, we had hoped that Mr. Tripepi and myself could possibly meet with you at 4:30. It did not materialize. I spent time here at City Hall from 3:00 o'clock. I have been here since 3:00 o'clock because of this matter. The only further thing I should say just one more time. I have talked to each of the deputies. CM 6-23-87 Page #17 Volker continues: They have followed procedures, policy, and what I have to consider, reasonable precaution. We teach them officer safety. I can well put myself into your brother's shoes and unfortunately,- I have been in similar situations, only in uniform. I sympathize and empathize with your brother and his son. It is a horrible exper- ience, but for deputies there is very little choice, but to treat an occupant of an establishment for which a burglar alarm has been put out....... Taylor: Excuse me. Clarify that-it was not that property that the alarm went off on. It was the wrong property... McDonald: Mr. Taylor, it was their perception, Mr. Taylor.. Taylor: Then the perception was wrong. Volker: Mr. Mayor I need to ask to be excused. Taylor: I agree with that. I agree. McDonald: Thank you. Taylor:. Thank you, Lieutenant. That is all I have on that item, Mr. Mayor, just so we have both sides now. VII. MATTERS FROM OFFICIALS A. Mayor Cleveland stated that this afternoon it had been his pleasure to attend the first installation and first projection of the Rosemead Cable Television. The City of Rosemead now has Cable T.V. The first installation was on Zerelda and they are now' ready to make the hook-ups. B. Councilman Imperial commented on AB1204 it was placed on the Agenda as a status report and what he had wanted was a resolution stating the opposition of the Council. Councilman Taylor agreed with having a resolution, but questioned how long it would take to have a resolution prepared for adoption. Frank G. Tripepi, City Manager, stated that letters could be sent out immediately to Legislators opposing this legislation which allows registration of residents on the day of an election. Councilman Imperial requested that the Mayor direct staff to prepare those letters and send them out immediately and he also requested a Resolution adopted by the Council. There being no objection, it was so ordered. C. Councilman Imperial requested a status report on the Veterans Memorial and he felt that it should be done as soon as possible. D. Councilman Bruesch stated that there has been a burn-victims fund that has been set-up for the Garcia family and it is being handled by the Red Cross and also.by St. Anthony's Church. All donations can be donated through Father Pat Thompson.at St. Anthony's Church, and checks should be made out to Garcia Family/Burn Victims Fund. E. Frank G. Tripepi, City Manager, stated that he had spoken to the Legislative Advocate this evening regarding AB407. He stated that both sides of the-leadership.'.has.met with the legislative advo- cate and it will be voted out of appropriation committee tomorrow and will be taken directly to both floors for a vote. He added that if there are any changes, he would advise the City Council. VIII. ORAL COMMUNICATIONS A. Anthony Jamie,resident of Rosemead, requested that police cars have numbers placed on them that are large enough to be seen because he could have reported incidents involving the police. CM 6-23-87 Page #18 Councilman Taylor somewhat disputed what the gentlemen just stated regarding the deputies. He felt that there were a lot of good deputies and he did not bring up an issue so that all deputies would look bad. He felt that the-majority were good deputies.'.`,,. Councilman Imperial stated that he felt that the only reason that the citizens of Rosemead could sleep peacefully was because there are Sheriff's cars patrolling the City. He felt that the Temple City Sheriff's Department does a Helluva good job. Every organization has some bad apples, and if there are problems they will be resolved. Councilman Taylor noticed that the Police Reports were being taken from the Councilmembers and he questioned the action, and it was not fair to pick them up before the Council had a chance to read it. Frank G.' Tripepi, City Manager, stated that he was picking them up because he felt that Lt. Niewisch is very uncomfortable in having these copies out. He felt that if there was no problem with any member of the Council who want to voluntarily, can hand the reports back and he would give them back to Lt. Niewisch. Councilman Taylor questioned the fact that someone was uneasy about the Council having the Police Reports, and he stated that this would come up at every meeting until he gets the requested information. Councilman McDonald stated that the point is that Lt. Niewisch does not want the Police Report out until the investigation is through and then you would be welcome to it. This is a personnel matter and certain individuals have rights, according to the Police Rights, and he felt that Lt.'Niewisch was very kind to give us this information to read it, and he felt that the Council should be re- spectful to his responsibilities to his position and his men and their rights. Councilman Taylor disagreed because there is no time frame whatsoever involved. He commented on an incident that took place and the Council did not get.the information for a year. Councilman Imperial stated that he would keep his report and if any Councilperson keeps the report he would only hope that they would keep the report a "confidential report". There being no further action to be taken, the.Council Meeting was adjourned in memory of the Garcia family who lived on Isabel Avenue and lost their lives in the tragic fire that took three peoples lives last Thursday. The Meeting was adjourned to Tuesday, July 14, 1987 at 8:00 p. m. Respectfully submitted: APPROVED: 1,)".,) Ci Clerk MAYOR CM 6-23-87 Page #19