Loading...
CC - Minutes 11-09-99NOT 0 =F.,I IAL UNTIL ADOPT IF27 :3PY THE MINUTES OF THE REGULAR MEETING FcOSEA✓ E D ROSEMEAD CITY COUNCIL CITY COUNCIL NOVEMBER 9, 1999 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:11 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. At this time, Frank Tripepi, City Manager, announced that ABS Computer Technology sent the City a letter stating that they are no longer interested or considering the building at 1717 Walnut Grove and have withdrawn their application. Mr. Tripepi stated that there will be no public hearing on that item tonight as was scheduled. Councilman Taylor requested that the letter sent by ABS Computer Technologies, Inc. be included in the Minutes to prevent any misunderstanding. The letter from ABS Computer Technologies, Inc., dated November 9, 1999, is attached. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Pastor Stuart York of the Rosemead Christian Church ROLL CALL OF OFFICERS: Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None APPROVAL OF MINUTES: OCTOBER 12, 1999 - REGULAR MEETING Councilmember Taylor requested that the Minutes of October 12, 1999, be deferred to the next meeting. There being no objection, the Minutes will be on the next agenda. PRESENTATIONS: None The following item was taken out of order in deference to those in the audience. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Manager. A. A PUBLIC HEARING REGARDING ORDINANCE NO. 799 - EXTENSION OF MORATORIUM ON MORTUARIES/FUNERAL HOMES; AND Al. ORDINANCE NO. 799 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 790 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR MORTUARY AND OR FUNERAL CHAPEL USES DECLARING THE URGENCY THEREOF - ADOPT The staff report was presented by Mr. Tripepi. The Mayor opened the public hearing for those in the audience wishing to speak on this issue. Juan Nunez, 2702 Del Mar, Rosemead, asked if this item could become a permanent part of Rosemead's Code so that this does not have to be adopted every year. CCMIN:11-9-99 Page #I FRON :-ABS COr7PUTEP TECHNOLOGIES FAX NO. : 562 695 6023 Nor. 09 19°9 11:33A^1 P2 r go ABS Computer Technologies Inc. 9997 E Rose Hills Rd., Whittier, CA 90601 Tol:(562) 69S-8823 Fax:(562) 695-8923 Navembcr 9, 1999 Mr. Brad Johnson City of Rvsernmd Planning Dept Rosemead CA Dear Brad PBS Computer Technologies Inc would like to inform yw that we are no larger considering the building at 1717 Walnut Grove Ave. As a rosult, we will not require the existing zone chance request and will not be attending the city council meeting on Tuesday, Novernber 9, 1999. Thank you for your assistance in this matter Sincere' , Howard T Gtnc:al Manager ABS Cc: Steve Mooradian, Lee & Associates Mr. Tripepi replied that the City is processing this correctly and the Planning Department is working on development standards and that this Ordinance extends the moratorium for one more year. Kimmie Lee Leung, 3223 Del Mar, Rosemead, requested information on the status of the development standards. Robert Kress, City Attorney, responded that staff is surveying other cities on their requirements. But, most importantly, Mr. Kress continued, is that there is no pending application nor contact with anyone trying to establish a mortuary or funeral chapel. There being no further comments from the audience, the Mayor closed the public hearing. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN BRUESCH that the Council waive further reading and adopt Ordinance No. 799. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A 5-minute recess was taken at 8:20 p.m. and reconvened accordingly. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Alejandro Gandara, 2523 Dubonnet, Rosemead, requested that a policy be implemented to insure that the invocation would be inclusive to the City and its visitors, such as a moment of silence or a nondenominational prayer. Mr. Gandara stated that a City or its guest should not dictate to others what religion to pray in. Councilman Taylor stated that he will stand up for prayer. Mr. Taylor stated that his prayers are encompassing of other religions. However, praying in the name of Jesus Christ may not be inclusive to all religions nor does he expect it to be. Mr. Taylor clarified with Mr. Gandara that praying in the name of God is inclusive. Irv Rubin, Chairman of the Jewish Defense League, when invoking the name of a deity, it is not inclusive, and it is not inclusive to him as a Jew who does not believe in the deity of Jesus. Mr. Rubin stated that the Council is in violation of the Establishment Clause of the First Amendment. When praying in the name of one specific deity, such as Christ, it is establishing a religion and has been upheld in the courts. Mr. Rubin referred to the large number of Asians in the audience earlier and stated that most of them don't believe in Jesus either and they might not have felt comfortable, nor did he, when invocating this deity. Esther Chow, 3100 Del Mar, Rosemead, stated that taxpayers dollars are being wasted on such a minute issue. Ms. Chow pointed out that President Clinton invokes the name of God during their Breakfast Prayer. Ms. Chow stated that if the citizens of Rosemead have a problem with it, they should vote in a candidate of their respective religions. Councilman Taylor stated that he believes in the Jewish and Muslim nations, and in Christianity, and believes it's all one God and one universe. Mr. Taylor stated that he does not have any problems with other religions because they are all trying to do what is right. Stuart York, Pastor of Rosemead Christian Church, stated that what makes our government so special is that we can disagree and we can stand here and voice our opinions. Pastor York stated that he had the privilege of serving as the guest Chaplin at the House of Representatives in Washington, D.C., and that the invocation he delivered tonight was the same one he used in Washington without any problems. Pastor York stated that passing an ordinance CCMIN:11-9-99 Page #2 or rule is exclusive as it will exclude this name and that name, etc., and it is contrary to the foundation principles of what makes this country great. Pastor York concluded by suggesting that all religions be invited to deliver the Council's invocation, as all people living in this country should enjoy the freedom of expressing his or her prayer - and that is inclusive. Holly Knapp, 8367 E. Whitmore, Rosemead, stated that she was at the Jefferson Memorial in Washington, D.C. recently, and recited a section of some of his words that are etched in stone at the memorial that states that all men should be free to profess and by argument to maintain their opinion in matters of religion. Ms. Knapp stated that she is proud and grateful to be a citizen of Rosemead where we invoke God's blessing at every meeting. Ms. Knapp announced that this coming Sunday is a Day of Prayer for the persecution that is going on world- wide against Christianity and Judaism. Mayor Pro Tern Clark stated that she does not have a problem with other religions represented to deliver the invocation. Ms. Clark extended an invitation to any Pastor, Minister, Rabbi, Priest, etc. in Rosemead to come and deliver the invocation at the Council meetings. Ms. Clark continued that she hopes that during the time set aside for the invocation that we think about some of our societal problems we have, such as child abuse, domestic violence, teenage pregnancies, drug abuse, and teenage suicides and to use the time to think about their spiritual side to try to help children of all faiths. Juan Nunez, 2702 Del Mar, Rosemead, stated that if Mr. Gandara objects to hearing the name of Jesus, he can wait outside until the invocation is over. Mary Redd, 3323 N. Evelyn, Rosemead, stated that she is concerned about the service station that is going to be converted into a smog check unit with three stalls. Ms. Redd stated that the car engines will be run for 10 to 15 minutes at a time and she pointed out that Duff School is nearby. Ms. Redd explained that she and her neighbors were not able to speak on this issue, and they were in the midst of circulating a petition opposing this unit. III. LEGISLATIVE A. RESOLUTION NO. 99-42 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 99-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,318,720.16 NUMBERED 28761 THROUGH 29022 Councilman Taylor requested information on Check No. 28833 to McGladrey & Pullen in the amount of $14,657.50 for Professional Service/Y2K. Frank Tripepi, City Manager, responded that that was for an agreement that the Council approved to have McGladrey conduct the Y2K compliance audit. Mr. Tripepi stated that a memo will be forthcoming. MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH that the Council adopt Resolution No. 99-42. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCN1TN:11-9-99 Page #3 B. RESOLUTION NO. 99-43 - A RESOLUTION OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR WALNUT GROVE AVENUE BRIDGE RETROFIT AT ALHAMBRA WASH The following Resolution was presented to the Council for adoption: RESOLUTION NO. 99-43 A RESOLUTION OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO REDEVELOPMENT AGENCY PAYMENT FOR WALNUT GROVE AVENUE BRIDGE RETROFIT AT ALHAMBRA WASH MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH that the Council adopt Resolution No. 99-43. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 801- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTBLISHING REGULATIONS FOR THE LOADING AND UNLOADNG OF STUDENT PASSENGERS - INTRODUCE Councilman Taylor asked how many tickets have been issued without this ordinance. Mr. Taylor stated that he agrees with the safety intent of this ordinance; however, another solution may be more workable such as a installing a crosswalk or more yellow curbs, and that he does not want hundreds of Rosemead's residents receiving tickets. Councilman Bruesch stated that there is a problem with parents allowing their kids to exit their cars and run across the streets to school, and that the solution to prevent this may be through citing those people for illegal parking and illegal u-turns. Mr. Bruesch continued that as far back as 1993, schools have been sending letters home to parents warning them that they will be cited for parking violations and to not allow their children to run across the streets. Mr. Bruesch stated that as long as the Sheriffs are visible, there is not a problem; however, once they leave it returns. A message has to be given to the parents that they are responsible for making sure that their children are safely walked across the street and to not let them run out the car door into oncoming traffic. Councilman Taylor stated again that he agrees with the safety issue. Mr. Taylor explained that the solution to this ongoing problem is not by writing more tickets. Mr. Taylor stated that apparently there is not enough parking area as was mentioned earlier and that the parents are double parking and perhaps the schools can create a better loading and unloading zone. Councilman Imperial stated that he contacted that church next to Janson School and suggested that the school use their parking lot to drop, off children and perhaps have a teacher present to walk the kids across the street. Mr. Imperial stated that the City has provided crossing guards and that the schools need to be involved in working out a solution. Councilman Taylor requested that this item be deferred to allow staff to bring back a report of all the school locations and current loading and unloading zones in front of the schools, what potential is there for improvement, and how can the schools help with this situation. W. Taylor stated that writing more tickets is not solving the issue CCMIN:11-9-99 Page #4 Councilman Bruesch stated again that something needs to be done immediately and perhaps the Traffic Commission can conduct a study session with school personnel to try and solve this problem. Mr. Bruesch emphasized again that something needs to be conveyed to the parents that they are responsible for walking their children across a busy street. Councilman Taylor stated that the parents need to be given an alternative - the parents should have access to park to the side or have a loading or unloading zone and if those areas are ignored by them, then issue them a ticket. Holly Knapp, Chairman, Traffic Commission, suggested a meeting of the school boards to arrive at some direction from them. Councilman Bruesch stated that despite having loading zones at some schools, the parents refuse to use them because it inconveniences them. Mr. Bruesch stated that at his school, Willard, they have had at least 19 different configurations for loading/unloading zones and the parents will not follow the law, and giving tickets may be the only way of enforcing this. Councilman Taylor stated that what is needed is a uniform policy inclusive to all schools as some schools may not have the turn around space. Those parents will be unfairly penalized more than the parents that are deliberately avoiding using the loading/unloading zones. IV. CONSENT CALENDAR CC-A AUTHORIZATION FOR CITY CLERK TO ATTEND ANNUAL LEAGUE OF CALIFORNIA CITIES NEW LAW AND ELECTION SEMINAR, DECEMBER 8-10,1999, MONTEREY CC-B AUTHORIZATION TO REJECT CLAIM AGAINST CITY FROM MARCELA QUINTERO CC-D APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR CURB HOUSE NUMBERING (FY 1999-2000) CC-E ACCEPTANCE OF PARCEL MAP 25268 - 3249 IVAR AVENUE CC-F AUTHORIZATION FOR S.T.A.R. DEPUTIES TO ATTEND CALIFORNIA NARCOTICS OFFICERS ASSOCIATION TRAINING INSTITUTE, NOVEMBER 13-16,1999, SACRAMENTO CC-H ANNUAL ADOPTION OF CITY'S IN VESTMENT POLICY CC-I EMPLOYEE RECOGNITION POLICY MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN TAYLOR that the Council approve the foregoing items on the Consent Calendar. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-C REQUEST FOR TRAFFIC CONTROLS ON OLNEY STREET MOTION BY MAYOR PRO TEM CLARK to install a STOP sign at Marybeth. Before a motion for a second was made, more conversation ensued. CCN":11-9-99 Page #5 Councilman Taylor stated that he could agree to a STOP sign at Vane Avenue, that Marybeth is the second street from Temple City Boulevard and Vane is the center street. Traffic comes down Marshall which is the only through street, and Vane takes more traffic than Marybeth. Tom Dominy, 9524 Olney Street, Rosemead, stated that he is representing Gilbert Pedregon, who requested the stop controls. Mr. Dominy suggested placing the STOP sign on Olney at Marybeth as he has witnessed several accidents at that intersection and there are dozens of children in the neighborhood that walk to school and many elderly people that take walks. Mr. Dominy continued that drivers speed through posing a danger to pedestrians. Mr. Dominy stated that the Traffic Commission recommended rumble strips on Olney Street and while he does not object to them, some neighbors have because of the noise problem. Councilman Taylor agreed with Mr. Dominy and added that he does not recommend rumble strips there either as it is a residential area. Mr. Dominy stated that a STOP sign would be effective on Olney as it is a feed into the westbound 110 freeway, especially in the morning. Councilman Taylor stated that while the streets are only one block apart, Vane carries that traffic for everybody that deadends at the school and there are several hundred more cars that use Vane and a STOP sign on Olney (east and west) at Vane would serve both streets. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that a STOP sign be placed at Olney and Vane, creating a three-way stop, as traffic reports indicate that that area is the higher traffic use. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-G ROUSING ELEMENT UPDATE PROPOSAL - 2000-2005 - AWARD OF CONTRACT Councilman Bruesch stated that RHNA latest housing figures just released indicates that Rosemead has to produce 881 new units by 2005 of various types of income housing. That figure has since been reduced to 725. Mr. Bruesch asked if these figures will be used in the Housing Element update. Brad Johnson, Planning Director, responded that the Housing Element update goals and policies have to allow cities to obtain those numbers conceivably or in concept. Councilman Bruesch stated that he is appalled by the fact that low-income areas that are already impacted by crowding, receive more low-income units, and the areas that have less low- income, receive less. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM CLARK that the Council approve the proposal of Baker Street Associates and appropriate the additional funds from appropriated reserves. Vote resulted: Yes: Bruesch, Taylor, Vasquez, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CCMIN:11-9-99 Page #6 V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS - None VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:35 p.m., to reconvene as the Rosemead Rehabilitation Board that was recessed earlier. The next regular meeting will be held on Tuesday, November 23, 1999, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN:11-9-99 Page #7