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CC - 10-14-861•u~ 4~ CITY 01 IZOS'.:::di:? 0 yDAT'B /__.__2=sue ~G MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL dd OCTOBER 14, 1986 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Jay Imperial at 8:05 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Bruesch. The'Invocation was delivered by Reverend Paul Bengtson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: SEPTEMBER 23, 1986 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Council Minutes of September 23, 1986 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS A. Frank Farrell, 8111.E. Garvey, Sp. C, commented on the fact that many people who live at the trailer park on set incomes cannot survive with the exorbitant.increases~in their rent. B. Lawrence Duke, 8111 E. Garvey, also commented on the need for rent control in the City of Rosemead, and stated that both he and Mr. Farrell live at Greeley's Mobile Lodge and the new owner has raised the rents $50 a month and will be.increased each year.' He felt that the tenants are not able to provide themselves with adequate food when they have to pay so much for rent. He requested a rent control on a yearly basis within the City of Rosemead, and he felt that a 5% yearly increase would be fair. He requested the help of the City Council to initiate some sort of rent control. Mayor Imperial directed staff to get all the information re- garding rent control and what facilities are available, and have this information back to the Council for the next meeting. Councilman Bruesch requested that when the staff investigates this problem, they also check what improvements have been made to justify this kind of a raise in rents. Mr. Farrell stated that there have been no improvements made in the particular park where he lives. C. Reverend Paul Bengtson, 7656 E. Graves Avenue, inquired about the development on Jackson Avenue just opposite the Garvey School. and just east of Arlene Bitely School. Don Wagner, Assistant City Manager, stated that was the Egley Avenue Street Improvement project. Reverend Bengtson inquired about the property adjacent to the school property. Don Wagner stated that he thought that property was going to be used as a field for the school. D. Mayor Imperial welcomed the students from Rosemead High School and from Mark Keppel High School also. CM 10-14-86 Page N1 • PROCLAMATION: BUSINESS & PROFESSIONAL WOMEN'S WEEK Mayor Imperial presented a proclamation to the Vice President of Le Chimes, Phyllis Lorenzen, declaring the week of October 19 to October 25, 1986 as Business and Professional Women's Week in Rosemead. Mayor Imperial requested that Item V-C of the Agenda be acted upon next. V-C BARTLETT AVENUE PETITION A petition was presented to the Council with all the property owners, except one, requesting the private street be improved as a public street. Martin Stoffel, 4463 Bartlett, stated that in 1979 a similar petition had. been circulated; however, at that time a majority of the property owners did not want a cul-de-sac. He commented that there is 95.27% of the owners that want the street improved and have agreed to the cul-de-sac. Mayor Imperial requested that the staff bring back the minutes of the October 9, 1979 Meeting to the next Council Meeting and if the problems are resolved and the majority of the property owners are in agreement, the City will take another look at this request and he felt sure action could take place at the next meeting. Councilman Taylor requested additional information regarding the drainage which has a preliminary estimate of $40,000 for that easement, and a fire hydrant proposed.at the south end. He inquired if the easement for the storm drain could be brought up off of Ed- mund Drive and use the same easement rather than come in from the other end. Councilman Bruesch inquired if the street would be transfered entirely to the City legally. Mayor Imperial stated that it would. He commented that last time there were several items that were not agreed upon, and one of them was a 28 foot turn-around. One of the owners did not want their property taken because it would have left a very small front yard; however, he stated that he has been told that these problems have been resolved. He requested all the information available on this item so that it can be discussed intelligently and that the proper action can betaken. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE REGARDING BILLIARD HALLS IN THE CDB ZONES AND ACCEPTANCE OF THE NEGATIVE DECLARATION Mayor Imperial stated that the Public Hearing was open and inquired if anyone in the audience would care to speak regarding the subject matter. No one came forward, and the-Mayor closed the Public Hearing. The following Ordinance No. 589 was introduced on its first reading: ORDINANCE NO. 589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BILLIARD HALL REGULATIONS MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 589 be introduced 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. CM 10-14-86 Page X12 E Councilman Bruesch stated that he felt that this Ordinance was a needed improvement in the zoning of the City, and inquired if this CBD Zone was the only zone in which it would be allowed. Frank G. Tripepi, City Manager, stated that was correct. III. LEGISLATIVE A. RESOLUTION NO. 86-42 - OPPOSITION TO PROPOSITION NO. 61 Frank G. Tripepi, City Manager, stated that Resolution No. 86-42 was a resolution of the City Council of Rosemead opposing the California Fair Pay Initiative and urging it's defeat. Councilman Bruesch made a motion; however, it died due to a. lack of a second. Councilman Bruesch stated that the background of the fair pay initiative was originated about five or six years ago at the State level, and stated that the reason began with an outcry against out- rages pensions that were being offered to former State employees. There was an escalator clause passed in the early 60's which allowed them to get their pensions and also allow them to get a raise accord- ing to the consumer-price index which allowed them to get salaries in the $200,000 and $300,000 range. He commented that there were two bills in the Senate which alleviate the problem by removing the escalator clause. He felt that this Proposition No. 61 was a very poorly worded initiative, and the League of California Cities has come up with what can be interpreted by it if it is passed. Mayor Imperial stated that he was elected to office to make the best possible decisions for the City of Rosemead; however, he was not elected to tell them how to vote. B. RESOLUTION NO. 86-43 - CLAIMS & DEMANDS RESOLUTION NO. 86-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD .ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $467,765.37 NUMBERED 10176-10198/17724 THROUGH 17814 INCLUSIVELY MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 86-43 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested a memo on Warrant No. 17754 on page 5 explaining what the purpose of the official bond was. Councilman Bruesch inquired if it was a conflict of interest to vote on a facility use permit refund for his son. The City Attorney, Robert L. Kress, stated that it was not a conflict of interest to vote on the Warrant Register. C. RESOLUTION NO. 86-44 - ENDORSING PROGRAM AIMED AT CRACKING DOWN ON STREET DRUG DEALERS RESOLUTION NO. 86-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ENDORSING THE LOS ANGELES DISTRICT ATTORNEY'S PROGRAM AIMED AT CRACKING DOWN ON STREET DRUG DEALERS MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that Resolution No. 86-44 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 10-14-86 Page N3 IV. CONSENT CALENDAR (CC-A, CC-B & CC-J) CC-C CLAIM AGAINST THE CITY ON BEHALF OF RAMON RODRIGUEZ ` CC-D CLAIM AGAINST THE CITY ON BEHALF OF ANGELINE M. BIESEK CC-E PARKING RESTRICTION/2662 WALNUT GROVE CC-F REMOVAL OF RED CURB/2641 RIVER DRIVE CC-G REQUEST AUTHORIZATION TO SEEK BIDS/DEFERRED LOAN--RUSSO CC-H CLAIM AGAINST THE CITY ON BEHALF OF ALEX MARTIN CC-I REQUEST FOR VACATION BY CITY CLERK MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN TAYLOR 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-A APPROVAL OF REQUEST FOR ADDITIONAL ARCHITECTURAL OBSERVATIONS--GARVEY PARK RECREATION & RESTROOM FACILITIES Councilman Taylor stated that he.did not have a problem with the additional inspections; however, he inquire if the Contractor could be back-charged for the additional inspection. Councilman Bruesch also wondered if the Contractor could be charged for both previous and future additional time spent. Michael Burbank stated that the problem with the contractor is not that he is not giving it his attention; however, the pro- blem seems to be that he is not able to coordinate and understand the details on the drawings. He stated that it was the staff's and architect's opinion.that with additional supervision and ob- servation, it would prevent any errors or ommissions before there is any significant or irreversible damage to the project. He added that the cost may not go to the highest cost level of $3,000. Councilman Taylor read a couple of the occurrences which had been listed. 1. Although reminded in submittals to provide open-ended concrete blocks, closed-end units were delivered to the site. Installation was halted after.the first block course and incorrect units were removed from the site. 2. Half height reinforcing bars were directed to be re- moved and replaced by the specified full-height rein- .forcing bars. 3. Underground piping was installed passing through founda- dations-, in conflict with the requirements shown in the documents.. CHCG consulted with the structural engineer and instructed that an alternative detail be provided. 4. Based on the single course of concrete block, CHCG noted some walls laid out to incorrect dimensions and advised the Contractor to have them corrected. 5. Faulty exterior jointing of masonry was noted--both as to materials used and effect achieved- Councilman Taylor stated that the items continue, and from what.he could see, this was just carelessness and sloppiness and he did not feel that it would be fair to the taxpayers to pay the additional cost. He did not object to having the additional inspections; but he felt that the Contractor should be paying for it. CM 10-14-86 Page N4 0 0 Robert Kress, City Attorney, stated that after looking over the list of occurrences that needed additional attention, he felt that it was a legitimate request to have the contractor pay for these additional costs. Councilman Taylor stated that if the work is qualified and the architectural inspector can readily see that it is not faulty, then time will be saved and in that case there would be a possible reduction in the $3,000 cost. Councilman Bruesch stated that he wanted to have any amount of time and surveillance to see that the job is well done. He agreed with Councilman Taylor in that if the Contractor is not living up to his responsibilities of what he should be doing, then he should be charged for the extra time. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the architect provide additional observation on the Recrea- tional Office Project at Garvey Park be approved and that the Con- tractor be notified that he will be charged for the additional costs. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch strongly urged Mr. Gonzales and Mr. Burbank to do whatever is necessary to see to it that it will be a quality building. CC-B AGREEMENT WITH L. A. COUNTY FOR DESIGN AND CONSTRUCTION OF THE KLINGERMAN AVENUE STORM DRAIN EXTENSION EASTERLY ACROSS WHITTIER NARROWS Councilman Taylor stated that he was in favor of building the storm drain across the Whittier Narrows Golf Course; however, he hoped that this would be a contract between the Willdan.Engineers and the County. He questioned why the City would be involved in such a large County project. Frank G. Tripepi, City Manager, stated that there had been some concern voiced by the Council and the Agency about the timing on the project and the City finishing it's portion of the project and then the County perhaps, not funding or building it's section until some- time in the future. He commented that he had contacted Tom Tideman- son and he had provided the City with a letter indicating that the County would expedite the continuation of this project, and he also indicated that the funds are there and if the City desires, that this is built in conjunction with the City's project, the City can take it over and the County will reimburse the City for all the contract administration and design and construction of the job. Ile stated that the Council.can wait for the County to do it as one of their project; however, the offer by Mr. Tidemanson was because of the concern by the City that the project would not be finished in a timely manner. Councilman Taylor stated that he also recalled the reason for expediting the project. The County is willing to put up the money for the Cityto do the project with Willdan Associates . doing the engineering on the project; however, he had a reserva- tion about putting in 1;600 lineal feet of storm drain across County property. He was hesitant in accepting the liability of going on County property. He felt that Willdan should design it and 'the..county should build it. Mayor Imperial inquired if the City would be liable. Robert Kress, City Attorney, stated that he had reviewed an earlier draft of this agreement a few weeks ago, and he had raised a similar point, and in a discussion with John Maulding, he had stated that he would be willing to approve the.agreement if he had a letter indicating that the hold harmless provision and all the insurance requirements of their City Engineer Contract with the City of Rosemead was fully applicable to this Contract. Mr. Mauld- ing had indicated that would be no problem and that it would be forthcoming. CM 10-14-86 Page #5 Councilman Bruesch inquired why the County is washing it's hands with this responsibility even though they state that the drain is needed. Frank G. Tripepi, City Manager, stated that he did not feel that the County is washing it's hands, but more a good faith effort to assure this Council that the project would not have a'timing pro- blem. If the County did nothing, the City's project could have pro- blems in future years. Councilman Bruesch inquired what the difference in timing would be if the County took over the job. Frank G. Tripepi, City Manager, stated that he could not respond to that question. He commented that if the County took on the pro- ject in house, he could not say when this project would be completed. Councilman Taylor stated that the project has to be designed and engineered, and what he is suggesting that Willdan go ahead with their design and just submit them to the County. Then the City is not responsible for a County project on County property, and the City will not be involved in it. Mayor Imperial directed staff to advise Willdan to prepare the engineering and design of this project directly to the County as suggested by Councilman Taylor, and requested a staff report on this at the next Council Meeting. Councilman Bruesch requested that the difference in timing be reported on at the next meeting. Councilman Taylor stated that it should not be over 4 to 8 weeks difference'in the timing, since most of Willdan's employees are former County employees, they would certainly know how to ex- pedite the procedures. CC-J APPROVAL OF SENIOR CITIZENS LUNCH PROGRAM/ZAPOPAN CENTER Councilman Bruesch stated that he was very happy to see that a lunch program for the seniors is being proposed at Zapopan Center, and he inquired what the seniors would be charged for luncheon. Michael Burbank, Parks & Recreation Director, stated that it would be $1.00. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the Senior Citizen Lunch Program Agreement with the YWCA of San Gabriel Valley be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. PROPOSITION NO. 63 - ENGLISH AS OFFICIAL STATE LANGUAGE Councilman Taylor stated that a resident of the community, Mr. Robert Miranda, had requested that this item be discussed and that is the reason that this item had been requested to be placed on the Agenda tonight for discussion. Councilman Bruesch reiterated his previous statement that this was a waste of taxpayers money and just as you cannot legis- late morality, language useage cannot be legislated. He quoted Angie Papadakis, a member of the California Board of Education, "language and culture like religion are personal freedoms in this country, they are not nor should they be public responsibilities". He didn't think that this issue should be voted on, and he felt that it was a waste of taxpayers money,and.the money should be used to get more English classes for people to learn English. Councilman Taylor stated that he personally had no problem with the state tree, the state flower, the state's English, the United States dollar as far as it represents the monetary system of this country, and personally as far as language goes he felt that it should be the responsibility of the residents to learn the language of the Country that they are in. CM 10-14-86 Page #6 Councilman Taylor continued by saying that he wished that he.could speak Spanish fluently, but he felt that one of the down- falls of the bilingual program was that the money was spent but they have not taught the English language to the residents of this State, and he agreed with Councilman Bruesch that there should be more English classes. He remarked on Councilman Bruesch's comment about not legislating morality, and that one of the local judges had stated that in every case that they sit and hear, they do leg- islate morality, either it is right or wrong. The judge made that statement. Councilman Taylor stated that he had no problem with simply stating that English is the official State language, but he also supports that other languages be taught to those who want to learn::those languages. Councilman Cleveland stated that he was of the opinion that the secret ballot is a trust given to each and every voter in the State and in our nation. He.felt that this vote is his or hers to cast the way their conscience dictates, and did not feel that the Council should attempt to persuade any of our constituents as to how they should cast their votes, and he made a motion to re- ceive and file Proposition No. 63. Mayor Imperial commented on the fact that he was of Italian descent and very proud of that fact; however, he has never gotten over the fact of how very lucky he was to have been born in this country and to be a United States citizen. He commented on the fact that his mother and father came to this country from Italy and his father worked at some menial task while his mother went to a friends house to learn English so that she could teach his father. His father was drafted and was sent to France before he learned the English language, and he was so proud of his service to his new country that when he passed away he wanted to have a military funeral. His fathers attitude was to love and maintain his culture, but to do his very best for his new country. Robert Miranda commented on his family and Americanism, and he stated that one of his brother-in-laws was killed in Vietnam, one has two purple hearts and a silver star, and his cousin was shot in Korea, and his father had shrapnel all over his body during World War II. He did not feel that this proposition was an issue of Ameri- canism or patriotism, and he did not feel making English the official language of the State was,a matter of Americanism. He felt that if this proposition passed, then people who do not speak English would no longer be able to come to City Hall and conduct business. Councilman Taylor stated that if someone came to this City Hall and they were not served, that employee would be fired. He stated that this was not an issue of nationality, but of humans and their right to be treated as humans. Mr. Miranda inquired if a citizen of this community, either Asian or Hispanic who doesn't speak English, comes here after the legislation has been approved, in order to conduct City business, will a.translator be provided. Councilman Taylor stated that a translator is already being provided for those people and those people deserve it. He added that the State is full of laws that are not followed by the City. Mr. Miranda inquired where in the proposition does it say that a translator can be provided. Mayor Imperial countered by inquiring.where in the proposi- tion did it state that it could not be provided. Mr. Miranda inquired if the Council was going on record by saying that there would be no limitation on bi-lingual translations. He commented on the minorities who do not speak English. Hugh Foutz, City Treasurer, stated those people will speak English when they want to learn enough. Mayor Imperial stated that he knew people who have been in this country for less than five years and they speak the language well because they want to. CM 10-14=86 Page #7 MOTION BY that the item Vote resulted: AYES: NAYES: ABSENT: .ABSTAIN: Whereupon so ordered. 4► COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN TAYLOR regarding Proposition No. 63 be received and filed. Councilmen Cleveland, Taylor, and Mayor Imperial None None Councilman Bruesch the Mayor declared said motion duly carried and Councilman Bruesch requested that the record show that his "abstain" vote was because of the feeling that if 1/10 of the $4,000,000 that is being spent on this initiative campaign were spent on English classes, it would have provided classrooms for the 13,000 people who tried to enroll along with the 40,000 people who are currently enrolled in English classes in L. A. County. Councilman Taylor requested that the record show that whether he agreed with the ballot measure or not, he supported the initiative process of the citizens of this State 500% to have an item on the ballot even if it costs $4,000,000 or more. He did not feel that the right to get something on the ballot should be taken away. B. REQUEST FOR WAIVER OF POOL FEES FOR LATCH KEY PROGRAM BY ROSEMEAD SCHOOL DISTRICT Donald Wagner, Assistant City Manager, stated that he had conversation with Julie Friese, Acting Superintendent,.who stated that she understood that the Council had agreed to waive the fees at the joint meeting on April 28, 1986. The amount requested to be waived is $126.00. Councilman Taylor stated that he did not have a problem with the amount of $126; however, it would be setting a precedent. He did not,feel that any ;youth group should be discriminated against, and whatever has been done in the past for youth groups should be con- tinued. Councilman Bruesch inquired if Miss Friese had stated that any of the boardmembers were under the impression that the Council had agreed to waive the fees, or was it her impression. Frank G. Tripepi, City Manager, stated that the reason that the matter is before you this evening is because_there:seeins to be a misunderstanding. He stated that.apparently boardmembers re- call that the Council agreed to waive the fees; however, when he checked with Councilmembers who were in attendance at that meeting, one wasn't sure and the other ones did not recall agreeing to that. All that was,discussed at that time was the kinds of programs and/ or cooperative efforts that could take place between the City and the District. He commented that there are a number of groups that are involved in this kind of program and other programs. Councilman Bruesch stated that he did not remember verbatim of what went on at that meeting; however, he does remember talking about the use of that pool, and he did not think the tapes were of the quality to use to see what was really said. He stated that there was a unanimous opinion of that board that the Council did agree to waive the fees for that program, and he felt that something must have been said to give them that idea. Councilman Taylor stated that he,had not attended that parti- cular dinner meeting at T.& J's; however, the minutes of that meet- ing were very detailed and there had been a lot of discussion but there was no vote action taken. He commented that they were items that were for general discussion; and the minutes did not reflect anything of that nature although it may have been what the board wanted. Councilman Bruesch stated that after that meeting,the feeling was that doors were left open and communications were established. He stated he could understand the feelings of opening pandora's box; however, he did not want to close the door for any type of communi- cation and cooperation between the school district and the City. CM 10-14-86 Page N8 • 11 Councilman Bruesch stated that if the board to a member was under the impression that the Council had made a committment, then there must have been something said within that meeting that gave them that impression. He did not want that board to go away feel- ing that the Council is backing down on a committment that we gave them. Mayor Imperial stated that from all indication that was not specified, although many people can assume many things, and he felt that if we do this for one group then all groups should have the same treatment. Councilman Taylor stated that if the motion is made to waive the fees for one group, then he would make the motion to waive the fees for all youth groups. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that all youth groups be charged 25 cents for their use of the Pool. Mayor Imperial stated that he felt that the charge that is currently being charged youth groups of 50 cents is working and does not feel the need for a change. Councilman Bruesch felt that the Council should go half way with the District and reduce the fees to 25 cents in order not to lose the rapport established between the district and the City. Councilman Taylor stated that there seems to be a confusion regarding what went on at that meeting, with someone'writing a letter that does:-not state what the boards understanding was,,and.athen the City Council's understanding was that it wasn't even voted on. Frank G. Tripepi, City Manager, inquired if any of the Council- men remembered telling the school board.that the fee would be waived. Councilman Bruesch stated that he remembered that it was dis- cussed and that they brought it up; however, he did not remember giving them the approval that the City would waive the fee. Frank G. Tripepi stated that as a staff person working for the Council he did not remember any specific direction to waive the fee for the Latch Key Swim Program. Mayor Imperial stated that it was apparent that no committment had been made and there has been an adequate discussion on this item, and he felt that no partiality should be shown to one special group. Councilman Taylor stated that the reason for his motion for a charge of 25 cents for youth groups, was because of the error in the original memorandum which was included with the Agenda, and he felt that he should withdraw his motion and leave the program as is, until we really understand that the City is not going to discriminate against different youth groups. Mayor Imperial inquired if the second would withdraw his second on that motion. Councilman Bruesch stated that he would withdraw his second for the sake of clarity. MOTION BY COUNCILMAN TAYLOR, that the fees be left as they are AYES: Councilmen Cleveland, NAYES: Councilman Bruesch ABSENT: None ABSTAIN: None Whereupon the Mayor declared so ordered. SECONDED BY COUNCILMAN CLEVELAND currently set up. Vote resulted: Taylor and Mayor Imperial said motion duly carried and CM 10-14-86 Page H9 a Councilman Bruesch requested that the record show that he was not opposed to the fee set-up; however, his major contention is that something was said during that meeting, and he felt that it should be clarified before voting on it. Councilman Taylor stated that he had no problem with what Councilman Bruesch said and if this discussion is brought up again with the school board, possibly that is what should be done. VI. STATUS REPORTS A. FALLING LEAF AVENUE Councilman Bruesch inquired if Falling Leaf would be ready for the Agenda of the next meeting. Frank G. Tripepi, City Manager, stated that it would be ready by the first meeting in November. VII. MATTERS FROM OFFICIALS Mayor Imperial requested a status report regarding the mess on the corner Hellman and Walnut Grove called the Caltrans yard. He stated that he was sick and tired of coddling this department of the State of California which are violating the rights of every citizen of Rosemead, and if something conclusive cannot be received as far as a date is concerned, then he directed staff to make an appointment for him to meet with the Governor of Cali- fornia to confront him personally for his lack of control on one of his operations. VII. ORAL COMMUNICATIONS A. Holly Knapp, 8367 E. Whitmore Street, expressed her appre- ciation for the loveliness of Rosemead Park, and also for the support of the Wetip program and for sending her to.the conference. She thanked Councilman Bruesch for his actions at the September 30th meeting of the Alhambra School Board, and felt that the City owes him a lot of thanks for his stance in that Rosemead.does not apolo- gize for its actions. She thanked the Council for sticking with the people of Rosemead. She thanked the Council for the guardrail which had been installed that day. She also commented on the English only initiative and stated that she and Estelle Holtz spent a delightful evening with four caucasians and the rest all asians and all communi- cated in English. She learned a little bit of Chinese and she learned how to use chopsticks, learned symbols of the moon and the sun. The evening was delightful because they were able to communicate with one another because the language is English. She commented also on the resignation of Louis Tury, Jr., and she stated that she spoke for a lot of people in the City and they want to give their support and best wishes and prayers for Mr. Tury. B. Margaret Clark, 3109 N. Prospect, stated that she agreed with Holly Knapp's sentiments on all that she said. She did comment that'when Notices are sent to property owners, it would be easier to understand if there was a clarification on the wording "Negative Declaration". She stated that up until last year she thought that meant the City did not want.the project so why should she, and she would throw it.away. The average person thinks Negative means no. She requested if there was anyway that a paragraph or sentence could be added that explains what a Negative Declaration really means. Mayor Imperial stated that was a point well taken, and he directed staff to put a footnote on the bottom of each notice explaining the terminology, and add a phone number in case any one would like to ask any questions. C. URGENCY ORDINANCE NO. 540 - REQUIRING CERTAIN RESTAURANTS TO CLOSE FROM MIDNIGHT TO 5:00 AM CM 10-14-86 Page #10 Frank G. Tripepi, City Manager, stated that the staff had presented to the Council an Urgency Ordinance which is felt to be necessary to give the City a few months to address and analyze and perhaps solve the problem. The following Urgency Ordinance No. 590 was presented to the Council to waive;further reading:and adoption: ORDINANCE NO. 590 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUIRING CERTAIN RESTAURANTS FEATURING PRIMARILY TAKE OUT FOOD TO CLOSE FROM MIDNIGHT TO 5:A.M. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH to waive further reading of Ordinance No. 590. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN TAYLOR that Ordinance No. 590 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated that this is really a public safety matter. He stated that he drives by there Friday and Saturday nights, and on Garvey and Del Mar there is pedestrian traffic crossing at any and every given point and juncture. At times there are up to 300 vehicles parked in that lot and he felt that Section 8 of the Ordinance adequately addresses the problem that there are businesses that comply with public safety and they will have a way to continue business hours as they see fit. D. Mayor Imperial-.directed staff to do a study regarding what it would entail to remove a wall at Zapopan Center where the hallway comes through the little lobby and to enlarge that meeting room. He felt that the way it is now it is a waste, and he requested this information by the next meeting so that Council can discuss it and try to do something to fix the problem. Councilman Bruesch commented that at a meeting with the visitors from Zapopan the meeting room was extremely crowded, and the seating capacity was not adequate and more room is needed. E. CLOSED SESSION Mayor Imperial recessed the Council Meeting to a closed session. Mayor Imperial reconvened the Council Meeting from a closed session. Robert Kress, City Attorney, stated that the City Council met in closed session to receive a report from the City Attorney regard- ing potential litigation that has been threatened against the City. The report was received and no action was taken. There being no further action to be taken the Council Meeting was adjourned to October 28, 1986 at 8:00 p. m. Respectfully submitted: APPROVED: ar MA R ~19Di .P 7"a-,~ ~ ~ City erk CM 10-14-86 Page #11