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CC - 11-12-86MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL NOVEMBER 12, 1986 AT 8:0 P. M The Regular'Meeting of the Rose to order by Mayor Imperial at 8:15 p of City Hall,.8838 E. Valley Blvd., The Pledge to the.Flag was led by The Invocation was delivered by ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, C Mayor Imperial Absent: None APPROVAL OF MINUTES: OCTOBER 28, Councilman Bruesch requested a cl: on Page #9 in the 4th paragraph from t] the wording he wanted inserted. MOTION BY COUNCILMAN TAYLOR, SECO that the.Minutes of the October 28, 19 be approved as clarified. Vote result UPON ROLL CALL ALL COUNCILMEMBERS The Mayor declared said motion duly ca 1. ORAL COMMUNICATIONS A. Reverend Paul Bengtson expres Council for their on-going support reg location of a new high school. He com is in Monterey Park and is approximate land and he encouraged the City Counci power they may have on the Monterey Pa consider this site in a positive manne Council to attend the Alhambra High Sc on November 18, 1986 if possible. He tions regarding the site were because and there was some concern regarding p multi-level high school. i APPT_0`TlE1 D CITY OF P,OSIii-I [1D DATE City Council was called in the Council Chambers mead, California. cilman Taylor. Paul Bengtson. land, Taylor and 1986 - REGULAR MEETING ification in his statement bottom, and gave the clerk D BY COUNCILMAN BREUSCH Meeting of the City Council RESENT VOTED AYE. ied and so ordered. ed his appreciation to the rding the issues of the ented on a site "H" which y 30 acres of uninhabited to use whatever persuasive k City Councilmembers to . He invited the City ool District Board Meeting dded that some'of the ques- t is a hillside property ssibility of building a Mayor Imperial stated that he had a conversation with the Mayor of Monterey Park, Monty Manibog, and he.,didn!t.seem:.to have a problem with- that'site..in Mont erey:Park.-:.Mayor Imperial-stated'b,. that he had requested a joint meeting with the Monterey Park City Council and possibly between the two councils something can be re-. solved. II. PUBLIC HEARINGS A. AN APPEAL TO PLANNING COMMISSIONS DECISION TO DENY CUP REQUESTED BY VIETNAM XA-LOI BUDDHISM STUDY ASSOCIATION AT 2751 DEL MAR AVENUE (PUBLIC HEARING WAS CLOSED) Councilman Taylor inquired of the staff if the parking pro- blems have been alleviated, and if the restroom facilities were adequate and the conflict of the use has been corrected. He added that on the staff report it shows thatlfront-yard parking is pro- hibited and mixed use is prohibited and inquired if these items had been corrected or can be corrected. Gary Chicots, Planning Director, stated that the site still had front-yard parking and from a letter just received from the applicant, the reverend will have his living quarters at 2755 Del Mar which is next door to the church. However, there is still the issue.of mixed uses on the property. CM 11-12-86 Page #1 • 0 Mayor Imperial stated that although this is not a Public Hearing, the majority of the Council will allow those who have submitted a request to speak to come forward for a two minute time limit per person. Sang Quy Do, 815 west Sunset Blvd., L. A. stated that if granted the conditional use permit,they would respect the peace and tranquility of the neighborhood. He felt that the staff should be helpful to these newcomers to show them what is nec- essary to be done instead of adding barriers to their request. He commented that they had not been told that it was a violation of the Municipal Code to have front-yard parking until after they had arranged for it; however, they would do something to stop the members from parking.in front of the church. He did not want the rules to.be broken only compassion and fairness. He thanked the Councilmembers for listening and wished that the month of November would be a month of Thanksgiving for all. Robin Conrado, Las Vegas, stated that although, he is a Catholic and not Buddhist he respects the rights of all religions to practice their respective religions. He commented that there were three churches in that area with front-yard parking. He was upset because the Buddhist had not been told that they could not have front yard parking until after they had gone through the trouble and expense of providing it. He also stated that they would install some type of. barriers so that cars do not park in front of the church. He stated that there are 10 spaces in the back yard.for parking and there are two restrooms in the facility, and the reverend agreed to move next door. He felt that they have tried everything that has been requested of them to comply with the City's requirements. He requested that they be allowed to get the CUP which is only for one year.and to give them a chance to show that the codes will be com- plied with. Kim Kemple..spoke in favor of the request of the Conditional Use Permit to allow the Buddhist a place to meditate and practice their religion in this country. Thuan Tran, 1249 - 4th Avenue, L.. A., stated that more pro- blems have been created-for them to solve with each meeting, and he felt that the staff report was not based on facts. Jackie Clair, 2737 Del Mar, Rosemead, spoke against the CUP requested, and 'commented about the various businesses in the area that are concerned about the security of their parking lots, and possible insurance risks. She had been told that the property value in this area is expected to decrease as a result of this Buddhist Church. She stated that she and her family are from Rosemead and have invested in Rosemead, and she wanted her in- vestment and rights protected. Councilman Taylor stated that staff is giving a recommenda- tion; however, they are not giving the violations. He reiterated his question,"has the parking been resolved as far as having the required numbers?" Gary Chicots stated that as far as numbers only, it is possible that they have adequate parking; however, their use spreads across two pieces of property and again it is still mixed use. Councilman Taylor stated they=house that-is on one property will be used as a residence, and one building will be used as the Buddhist Association, and inquired what the conflict was. Gary Chicots stated that there was off-street parking on both properties which ties both properties together. Councilman Taylor inquired if-the Church owns:both properties. Mr. Chicots stated that the church nothing prohibits them from using both there is nothing in the Municipal Code parking and residential, especially if separate parcel. owns both properties, and sites for parking; however, that allows a mixed use of that parking is for another CM 11-12-86 Page 112 Councilman Taylor inquired of the done since the two parcels are owned by a permitted use. City Attorney what could be the same person to make this Councilman Bruesch inquired if these two parcels were bought in tandem, and in that case,could they be used in tandem. Robert Kress, City Attorney, stated that the problem was in the mixing of a residential and a church use. He remarked that the municipal code allows you to grant a Conditional Use Permit for churches or other places used exclusively for religious worship. In this case there is a mixed use which is not provided for in that clause. An amendment to the code would allow this use, by removing the word "exclusively" and replacing the word with "primarily for religious worship". Councilman Bruesch stated that in the many church properties that he has seen many have rectories or parsonages on the property, and some do not. He commented that the residence was going to be used by the Monk himself. Councilman Taylor referred to the Don Bosco Technical School, and stated that there is a definite mixed use there, and as far as parsonages and rectories in Rosemead, he is not aware of all the different mixed uses. Mayor Imperial stated that the mixed uses that had been allowed may have been during the time that the area belonged to the County and not after the City had been incorporated. Councilman Taylor stated that maybe the municipal code should have a minor change made in it so that the new churches coming into At this time, there the City of Rosemead will have some lee-wayi.;. is a total elimination of any new rectory or parsonage for any new church that is being built in the City. He felt that was not right. Councilman Bruesch stated that he felt that the fault is not with the.applicant, but with that segment in the ordinance-that is unclear. He felt the intent was not to forbid any parsonages or rectories next door to churches. Councilman Cleveland stated that the rules and regulations of the City must. be met, and there should not be any exceptions made for any special group. He stated that he did have sympathy and com- passion for these people and he wished that they could find a suitable site to practice their religion; however, he did not feel it would be right to permit an activity in the City of Rosemead that does not conform with the ordinances of the City. He commented that he could not approve this request for a CUP. Mayor Imperial inquired of Mr. Chicots if this property meet the requirements of the City of Rosemead. Mr. Chicots stated that based on the City's codes "no". He stated that the fact that there are two separate properties, one that will be used only as a church and the residence of the church leaders, and the other property is a single family dwelling that is rented out with church parking on it, and each could be sold separately, which would sever the parking allowed at the house that is being rented, is the problem. Mayor Imperial inquired if this could meet the requirements of the City.Code. Mr. Chicots stated that there is a possibility that it could be designed better to meet the City's requirements, but not the way it is designed now. Councilman Bruesch commented that this CUP would be allowed for a one year period and if at any time this property was sold during the next 6 or 7 years, the CUP could be denied if the properties were split. Mr. Chicots stated that if the Council wanted the CUP to come back for review, it would have to be so specified. CM 11-12-86 Page N3 Mayor Imperial inquired if any effort had been made to combine the two lots. Mr. Chicots stated that the application was for two separate lots, and that would be a way for them to conform; however, the Planning Department would like to see a drawing of what their plans would be just as anyone else would have to do-. Councilman Bruesch stated that, the building to the north would be the resident and the building to the south would be the church, and if the two lots were combined, he inquired if that would be allowable as far as the zoning regulations of the City. Robert Kress, City Attorney, stated that would provide addi- tional protection, but it doesn't really solve the problem. If the mixed use problem is going to be solved, preparation of an ordinance should be directed that would change the wording as he had described earlier. Mayor Imperial inquired of the City Attorney, if the CUP was granted by the combining of the two parcels, would the requirements of the code be met, or would this be setting a precedent that could not be allowed to others. He felt that if this use could not be permitted for others, then it should not be permitted now. Robert Kress, City Attorney, stated that he thought there might be some precedents that might be set here. He stated that the Planning Commission had denied this request based upon the- neighborhood objection and a Conditional Use Permit is to be per- mitted if a church is compatible with the neighborhood. Councilman Bruesch made a motion that the Planning Commission's denial be overturned with the provision that the Buddhist Association come back to the Planning Commission with the lot combination, and that the list of recommendations be included. Mayor Imperial stated that he wanted included within that motion. that within the year that all the conditions be met that are required by the Code. The motion died, due to a lack of a Second. Councilman Taylor commented on a situation that was similar and the Council denied the CUP requested without.prejudice and allowed them to come back to the Planning Commission to work out the problems without having to pay an additional fee. He stated that he had been tempted to Second the motion; however, he felt that this would have been outright exception to the Municipal Code. He commented that his intent was to have the code amended to allow for minor corrections. Robert Kress, City Attorney, stated that the request can be denied without prejudice to a reapplication at a later time and the staff be directed.not to take enforcement action based upon the failure to have the CUP for a reasonable period of time if the Council's intent is to ultimately allow the use. Councilman Taylor stated that he did not want to make an exception for the Buddhist Temple or any 'church until the Code is clarified. He added that the action that could be taken was to deny the request without prejudice where the applicant could go back to the Planning Commission and if the lots have to be combined, it.could:then:be in conformity with-the ordinance'.with a ,minor amendment. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Appeal be denied without prejudice and uphold the Planning Commissions findings, but allow the applicant to meet with city staff without the fee process, and status quo will be maintained until such time that the church can satisfy the requirements of the municipal code and that the municipal code can be changed to specifically allow descretion in whether or not this can be allowed. Vote resulted: CM 11-12-86 Page #4 AYES: Councilmen Cleveland, Taylor and Mayor Imperial NAYES: None ABSENT: None ABSTAIN: Councilman Bruesch Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor inquired if the applicant understood what the procedure was, and stated that this was not to allow the Church to go ahead and expand or continue improving the property. Mr. Tran stated that it was his understanding that he would have to meet with the Planning Department to combine the lots to- gether and resolve some of the other problems. Councilman Taylor stated that the other part is the amending of the Ordinance and he did not want any misunderstanding and added that there was no guarantee that the ordinance was going to be changed. He added that this is still an illegal use right now. Robert Kress, City Attorney, stated that the status quo is main- tained, no enforcement action will be taken. Councilman Bruesch requested that the record show that his "abstain" vote was because he was in favor of working with the people in the church; however, he was reticent to approve a motion that would deny them the use of that property in the way that other pieces of property are being used in this City. Mayor Imperial requested that the record show verbatim that his reason for voting"yes"which is to deny the appeal and uphold the Planning Commission's decision, is that he is not in favor of any illegal use in accordance of our code, of any piece of property, re- gardless what it's use is, within the City of Rosemead. III. LEGISLATIVE A. RESOLUTION NO. 86-47 - CLAIMS & DEMANDS RESOLUTION NO. 86-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS IN THE SUM OF $745,706.50 NUMBERED 10235-10264/17979 THROUGH.18070 INCLUSIVELY MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-47 be adopted. Vote resulted: AYES: Councilmen Bruesch, Cleveland and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly.carried and so ordered. Councilman Taylor inquired about.Warrant No. 18063 made payable to the Rosemead Redevelopment Agency relating to the Garvey Parking Lot. Susan Neely, Finance Director, stated that the City is reimburs- ing the Agency. Michael Burbank, Parks & Recreation Director, stated that this project was duelly funded, and it is funded under two Park Grant Acts as well as Redevelopment funding. Susan Neely stated that the Redevelopment Agency funds paid the contract costs, and is merely being reimbursed part of the expenses. Councilman Taylor requested a memorandum. regarding this warrant, and he stated that his "no" vote was because the CDBG Rebate Program. He stated that he was appalled at the way the money is being spent such as having a commercial rebate for painting a building. He felt that was clearly a maintenance situation.and nothing more. CM 11-12-86 Page #5 • 0 Councilman Bruesch commented that the warrant lists are not legible and requested that staff do something to improve them. Mayor Imperial stated that this has already been discussed and it will be taken care of. B. RESOLUTION NO. 86-48 - APPROVAL OF APPLICATION FOR SB821 FUNDS Councilman Taylor requested a memo from staff regarding this item. He stated that Hellman Avenue had been done and then Marshall Street and then Walnut Grove and then Lower Azusa was supposed. to be done and . now in the present proposal it states that if there is money left over Lower Azusa will be done. He questioned why the policy has been changed and why Lower Azusa is not being done. Frank Tripepi, City Manager, stated that there was no attempt to change the policy, and when the Council adopts the Resolution the funds will be utilized at Rosemead High School on the south side of Lower Azusa. RESOLUTION NO. 86-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-48 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 86-49 - CALLING & GIVING NOTICE OF SPECIAL ELECTION RESOLUTION NO. 86-49 A RESOLUTION OF THE CALIFORNIA, CALLING A SPECIAL MUNICIPAL FOR THE ELECTION OF PROVIDED BY THE PRO CALIFORNIA RELATING CITY.COUNCIL OF THE CITY OF ROSEMEAD AND GIVING NOTICE OF THE HOLDING OF ELECTION ON TUESDAY, MARCH 3, 1987, A COUNCILNEMBER TO FILL A VACANCY AS IISIONS OF THE LAWS OF THE STATE OF TO GENERAL LAW CITIES MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-49 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. RESOLUTION NO. 86-50 - REGULATIONS FOR CANDIDATES Councilman Taylor inquired if it would be feasible to put a deposit of $500 to cover the Candidates Statement so that the Clerk would not have a hard time in collecting from candidates after the election as has been done in the past when requesting $300`at the time of filing. Mayor Imperial stated that he had no problem with estimating a bit higher than anticipated; however, he did not want to dis- courage a potential candidate because he could not afford $500. Robert Kress, City Attorney, suggested that the Clerk be directed to be as precise as she can be and not put a number in the ordinance. RESOLUTION NO. 86-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA, ADOPTING REGUATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 1987 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-50 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. CM 11-12-86 The Mayor declared said motion duly carried and so ordered. Page N6 • Councilman Bruesch inquired about paragraph #6 of the Resolution which relates to the regulations of the Candidates Statements for the Special Election on March 3, 1987, and requested a memorandum explaining what has been repealed by this paragraph. Mayor Imperial requested a memorandum from the City Clerk to all of the Councilmembers. RESOLUTION NO. 86-51 - REQUESTING COUNTY SERVICES RELATING TO SPECIAL ELECTION RESOLUTION NO. 86-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 1987 MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 86-51 be adopted. Vote resulted: UPON, ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 86-52 - AUTHORIZING THE TEMPLE STATION CAREER CRIMINAL RESOLUTION NO. 86-52 A RESOLUTION OF THE CITY COUNCIL OF THE AUTHORIZING PARTICIPATION IN THE TEMPLE CRIMINAL APPREHENSION PROGR PARTICIPATION IN APPREHENSION PROGRAM CITY OF ROSEMEAD STATION CAREER 9M MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-52 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) Councilman Taylor requested a memorandum from the Engineer explaining why on item CC-C the Engineering Proposal is 47% of the cost and on item CC-D the cost of Engineering is only 14%. CC-A ACCEPTANCE OF DEED FOR ANGELUS AVENUE WIDENING.PROJECT CC-C ENGINEERING PROPOSAL FOR BARTLETT AVENUE & RIGHT-OF-WAY ACQUISITION CC-D ENGINEERING PROPOSAL FOR TRAFFIC SIGNAL AND STORM DRAIN IN ENCINITA AVENUE(LOWER AZUSA/MISSION DR) CC-E AWARD OF CONTRACT FOR HOME IMPROVEMENT--RUSSO/9340 MARSHALL CC-F 2516 JACKSON AVENUE/QUITCLAIMING OF STREET RIGHT-OF-WAY MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN.CLEVELAND 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. CC-B ACCEPTANCE OF BIDS & AWARD OF CONTRACT FOR STREET AND ON-SITE DRAINAGE IMPROVEMENTS S/O VALLEY AND W/O TEMPLE CITY BLVD. MOTION BY COUNCILMAN CLEVELAND, SECONDED BY.COUNCILMAN BRUESCH that the Street and On-Site Drainage improvements S/o Valley Blvd., and W/o Temple City Blvd., Contract be awarded to the low bidder, Shawnan Corporation. Vote resulted: AYES: Councilmen Bruesch, Cleveland, and Mayor Imperial NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 11-12-86 Page #7 • Councilman Taylor requested had stated his opposition in the Council Meeting. VI. STATUS REPORTS • that the record show that he verbatim minutes of the previous A. ZAPOPAN COMMUNITY CENTER This item was provided as informational at this time, and it was received and filed. VII. MATTERS FROM OFFICIALS A. PLANNING COMMISSION SELECTION PROCESS Mayor Imperial recommended a Planning Commission Selection Board.-. He'stated that he was proposing a Selection Board instead of selecting a Planning Commissioner without an interview process. The Selection Board would be comprised of the City Councilmembers, and the selection will be made from those interviewed. Councilman Bruesch inquired if the people who went through the interview process last year would be notified again. Mayor Imperial stated that they would all be notified of the vacancy and those who are still interested in applying will be interviewed again. Councilman Bruesch and Taylor requested copies of the appli- cations prior to interviewing the applicants. B. FERN SCHOOL SPORTS COMPLEX--STATUS OF LIONS CLUB BUILDING Councilman Bruesch read a letter from Gerald Plant, President of the San Gabriel Valley Lions Club and requested that it be put in the minutes: We of the San Gabriel Valley Lions Club have inherited through merger the Garvey Lions Club House situated on the;,Fern School campus. Recently we received an ultimatum to move the club house or it will be torn down. We have since reviewed the minutes and bulletins of the Garvey Lions Club for the years 1956-57, during which the club house was built. We quote from the Presidents message of Sept. 20th, 1956, in the Big Rumble of Garvey Lions Club--Let's build a Community House for South San Gabriel! The Lions Club has an opportunity to create for the community a lasting benefit in the form of a meeting place for the youth of the community and at the same time, a meeting place for the Lions Club, Optimists and other organizations... We maintain_it was built for a purpose. It has historical value, sentimental value, it is sound practical-functional, it is there. It was built primarily for the organized youth of the community and should be used as such for Boy Scouts, Girl Scouts, Rebel Board of Directors, etc. Because of the lack of supervision and policing and vandalism, it has been somewhat neglected. With a stucco job and a new roof it should blend in. We would like to rededicate it to the youth of the community for which it was built and in memory of those who labored to bring it about. Councilman Taylor stated that he was in favor of the Lions Club House either being moved or torn down, and he stated that there is a better use being proposed. He felt that the City did not need to take any action on this because it is between the School Board and the Lions Club, and the City's involvement would not be appropriate in trying to save an older building that has not been maintained. Councilman Bruesch stated that he concurred with Councilman Taylor's opinion also, and remarked that he brought this up so that it could be included in the Council's records. CM 11-12-86 Page N8 C. Councilman Taylor stated that at the last Council Meeting he had requested a soils report on Strathmore and Strang, and in- quired if there were copies of these reports available. Don Wagner, Assistant City Manager, stated that he did have the soil report on Strang; however, the report on Strathmore is forthcoming. Councilman Taylor stated that he wanted to have both the original and the supplemental tests on Strathmore. D. Councilman Taylor stated that he had asked for a list of the responsible party or agency for City Services during the week-end and holidays. Frank G. Tripepi, City Manager, stated that he thought that had already been given to the Council in their boxes; however, he would check on it. E. Councilman Bruesch commented that he had received two memos regarding street sweeping, and he stated that the southern portion of San Gabriel Blvd., is indeed being swept during busi- ness hours, and those.businesses are being impacted by the loss of parking in front of their businesses for a four hour period on Fridays. He inquired why that section of San Gabriel Blvd., was swept differently than other commercial streets. Frank G. Tripepi, City Manager, stated that was the first that he had heard of that particular area of San Gabriel Blvd., and he stated that this would be checked into and a memo would be prepared for the Council. Councilman Bruesch stated that he would like a change in the scheduling of the street sweeping if there are businesses being impacted. F. Mayor Imperial stated that while driving around the City he had seen a lot more graffiti than usual, and he prepared a list of the places that the graffiti had not as yet.been removed. He remarked that the Contractor for Graffiti removal is present and requested Mr. Sullivan.to come forward to answer some of the questions that might be asked. Councilman Taylor inquired the properties that are cleaned, a list for.quite some time. if there was a monthly list of and stated that he has not seen Frank G. Tripepi, City Manager, stated that there are survey lists prepared showing the properties reported and the properties that are cleaned. He stated that he did not disagree with the fact that there has been an increase in graffiti activity; however, he felt that it was being removed in a timely manner. He commented that the concern of the Council was that Tim Sullivan has contracted with many more cities now and possibly the City of Rosemead is not getting the service that it used to. Mr. Tim Sullivan stated that with the added Cities, he has put on additional help to cover the work. He stated that he and his brother basically take care of Rosemead, and this is the City where they got started. Councilman Bruesch inquired if the painting on trees in the parkways were part of the Contract with the City. Mr. Sullivan stated that trees have been discussed; however, there is nothing much that can be done about them because if you take it off with chemicals the tree is hurt, and sandblasting takes the bark off. He stated that there are some. cities that paint the bottom of the tree trucks white; however, he was told that the City of Rosemead does not want this done. Councilman Bruesch stated that about three weeks ago every tree on his street had graffiti on it. CM 11-12-86 Page X19 Mayor Imperial inquired of would the City have legally in caught putting graffiti on. • the City Attorney what recourse case one of the individuals were Robert Kress, City Attorney, stated that it would depend on whether it is public property or private property; however, the courts consider this as a property crime and there is not a lot of penalty associated with it, and if they are caught red-handed they are given some sort of community service sentence or help re- move some, but it is a hit and miss proposition to actually catch them in the act. Frank G. Tripepi, City Manager, stated.that there has been successful prosecutions where the parents have actually had to pay for the damages, but they have to be caught in the act. Mayor Imperial suggested that it be advertised in the Rose- mead Newsletter asking for the support of the community. This would notify them that the City is doing the best it can, and the problem needs their help to curtail it. Councilman Taylor stated that would be an appropriate idea, and requesting their help in notifying the staff of any graffiti in their area or any information of the perpetrators of this. Mayor Imperial wanted to make sure that the citizens report these individuals to the City staff and not involve themselves personally. He added that he had been approachedat City Hall by a businessman who told him that his home office wanted him to move his business because they were appalled by the amount of graffiti that is in the City. Mayor Imperial inquired in case there is an emergency, what kind of service would be available on the week-ends. Tim Sullivan stated that always in the past any type of emergency has been taken.care of, and if he is called, he will provide that kind of service. He reiterated that if he is con- tacted, he will take care of the problem. He stated that there has been a big outbreak in the business community of about 45 to 50 places in the last two weeks. He stated that they had been notified by Thursday, and Friday they got started on the clean-up and by Monday it was finished. Councilman Taylor stated that if there is an outbreak going on, possibly the sheriff's department should be patrolling behind buildings that are being targeted. Frank G. Tripepi, City Manager, stated that it was not behind buildings. It is on Garvey, San Gabriel and many of the thorough- fares. Councilman Bruesch stated that he had seen a catalogue that the Sheriff's Department had with a name and a person identified by it. Frank G. Tripepi, City Manager, stated that the Sheriff's De- partment actually comes out and takes pictures of these signs be- fore it is-removed. The person whose name is on the wall denies that he has put his name on the wall. Councilman Taylor stated that he felt that the Mayor's sugges- tion to put this in the newsletter and let it go to the 14,000 homes in the City, was the most positive way of handling this problem. Mayor.Imperial requested a memo sent to Capt. McClure with the Mayor's signature stating the Council's wishes of more positive sur- veillance of this graffiti situation. The Council Meeting was adjourned to November 25, 1986 at 8:00 p Respectfully submitted: M. r aB~ n