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CC - 12-09-03• APPROVED CITY OF RO EMEAD !o D MINUTES OF THE REGULAR MEETINGDATE S~ ROSEMEAD CITY COUNCIL 'j' DECEMBER 9, 2003 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:03 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Taylor. The Invocation was delivered by Pastor Tim Clark of the Neighborhood Covenant Church. ROLL CALL OF OFFICERS: Present: Councilmembers Alarc6n, Councilman Taylor, and Mayor Vasquez Absent: Mayor Pro Tern Clark, absent - excused, and Councilman Imperial, absent - excused. Mayor Vasquez stated that Mayor Pro Tern Clark and Councilman Imperial are excused from this evening's meeting to participate in the Annual National League of Cities Conference. Mayor Vasquez continued that Mayor Pro Tern Clark and Councilman Imperial are members of several committees which develop municipal policies and explore issues critical to the nation, cities and towns. Mayor Vasquez explained that last year he and Mayor Clark drafted and carried a public safety resolution to the League of California Cities and National League of Cities on behalf of law enforcement and the District Attorney's Office. Through their efforts, both leagues approved a policy resolution strongly urging the President and Congress to press for revisions in the extradition treaty between the United States and Mexico. Mayor Vasquez continued that at a news conference this morning Senator Feinstein, Sheriff Baca, District Attorney Cooley and family members of slain victims spoke out against the injustice caused by murderers crossing the border into Mexico and not being extradited for prosecution of their crimes. Mayor Vasquez stated that additionally, Mayor Pro Tern Clark presented a policy resolution requesting that the federal government take a common sense approach to rulemaking affecting federal jurisdiction over municipal storm drain systems. Continuing, Mayor Vasquez stated that Councilman Imperial is participating in activities of the NLC's Public Safety and Crime Prevention subcommittee and the NLC's Leadership Training Council. APPROVAL OF MINUTES: NOVEMBER 25, 2003 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN ALARCON that the Minutes of the Regular Meeting of the Rosemead City Council held on November 25, 2003, be approved as submitted. Vote resulted: CCMIN:12-09-03 Pagc 4 1 • • Yes: Alarc6n, Taylor, Vasquez No: None Absent: Clark, Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Helen Romero Shaw, Public Affairs Manager from Southern California Gas Company, introduced herself and stated that she is once again the Gas Company's area representative for Rosemead. John Tran, Garvey School Board Member, stated that he is a life-long resident of Rosemead, and residents have expressed their concern to the Council regarding gang activity, graffiti, vandalism and the homeless. Mr. Tran asked why the Council has not taken an aggressive approach to resolving these problems. Mr. Tran stated that the Council should be pro-active rather than re-active. Mr. Tran concluded that requests and calls for action have fallen on deaf ears and that a response is expected immediately in restoring the pride that the residents once enjoyed, and that he and the residents will hold the Council accountable. Olga Fisher, 8334 Park Street; Rosemead, stated that there were 7 shootings in the month of November near henhouse. Ms. Fisher continued that the bullets from the last shooting went through walls, windows and hit tires. Ms. Fisher complained that this is the worst it's ever been and that the Sheriffs need to patrol that area after 5:00 p.m., especially in her cul-de-sac. Henry Lo, Garvey School Board Member, 3205 Angelus Avenue, Rosemead, stated that he lives in the Zapopan Park area and has been concerned with the gunfire lately, and hopes that the City Council will make an effort to abate graffiti and address the public safety issues. Mr. Lc proposed that the City utilize Zapopan Center for a youth community center and the need to strengthen their afterschool programs. Mr. Lo encouraged the Council to work with Garvey School District to address the public safety issues and afterschool programming activities for the youth. Damian Nevarez, 3043 Charlotte, Rosemead, stated that he has a petition signed by 200 residents, but will not be able to turn it in tonight. Mr. Nevarez stated that he expressed his concerns at the residents meeting held at Zapopan Park a few weeks ago. Mr. Nevarez stated that since that time, there has been progress made regarding graffiti removal and there are less people drinking beer at the park. Mr. Nevarez stated that these types of problems have always existed and is aware that it is becoming increasing difficult for cities to operate because of budget constraints. Mr. Nevarez continued he will turn in their "Quality of Life" petition and concluded that the residents are tired of living under those conditions and hopes to see steady progress made on a regular basis. CCMIN:12-09-03 Page u2 Joanne Cuellar, 8344 Whitmore, Rosemead, stated that she is a long-time resident of Rosemead, and that conditions have gotten worse in the last few years. In the last 7 months there have been several shootings. Ms. Cuellar explained that several shots were fired and vehicles sped away at 60 to 70 miles an hour. Ms. Cuellar expressed her frustration in that the culprits are not being caught. Mayor Vasquez explained that the problem is that no one wants to be a witness to testify in Court that they saw the shootings or shooter. Mayor Vasquez stated that it was unfortunate that the public office holders that just addressed the Council, left before hearing the concerns of the residents on this issue. Mayor Vasquez continued that the City of Fremont had to reduce their Police Department staff by 51 positions, eliminating 24 police officers, and their Fire Department was reduced by 19 positions, eliminating 12 firefighters. Money to the cities is becoming scarce, and that the politicians in Sacramento continue to play their games. Mayor Vasquez emphasized again what a shame it is that the public officer holders walked out before listening to the residents tonight. Jack Jackson, 8341 Whitmore, Rosemead, stated that the MTA has a department that cleans bus shelters, and why is the City going to pay a contractor to do the same job? Mr. Jackson agreed that the shootings have increased lately and that some of the residents know who the shooters are. Larry Tamez, Pastor of the church at 3253 N. Del Mar, Rosemead, home address is 3043 Charlotte Avenue, stated that he is concerned about the gunshots also, but witnesses are afraid to come forth because of retaliation. Mr. Tamez explained that there is a law making the landlord responsible for any problems caused by a tenant, resulting in removal of that tenant. Mr. Tamez stated that he is afraid of retaliation to his church if he confronts any gangmembers. Bill Crowe, City Manager, stated that the City has a reward program of $1500 for the arrest and successful prosecution of a tagger. Mr. Crowe addressed the Park Street shooting and stated that the Sheriffs Team had been sent to check the house for drugs and the occupant was arrested. Mr. Crowe explained that this investigation took two to three weeks longer because no one was willing to step forward, which forced them to take a different course of action. However, despite the lack of witnesses, the City will continue to address these issues. H. PUBLIC HEARINGS - None M. LEGISLATIVE A. RESOLUTION NO. 2003-41 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. CCMIN:12-09-03 Page k3 • RESOLUTION NO. 2003-41 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $813,521.29 NUMBERED 43532 THROUGH 43629 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN ALARCON that the Council adopt Resolution No. 2003141. Vote resulted: Yes: Alarcon, Taylor, Vasquez No: None Absent: Clark, Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF ANNUAL REPORT OF ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR FISCAL YEAR 2002-2003 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN ALARCON that the Council accept the Annual Report. Vote resulted: Yes: Alarcon, Vasquez, Taylor No: None Absent: Clark, Imperial Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. GRAFFITI REMOVAL PROGRAM ENHANCEMENT At the January 13, 2004, City Council meeting, CO1nlCilman Taylor requested that his comments regarding this section be verbatim. VERBATIM DIALOGUE FOLLOWS: COUNCILMAN TAYLOR: Mr. Mayor. In talking to the City Manager just prior to the meeting, we've had several incidents where the graffiti crew will go down and take the graffiti off and as quick as overnight, someone in that area knows where it is and they'll be back again to do it... it's their territory. I think it was Mr. Jackson, was it, you asked about the bus stops. This is nothing, it's not new. We do that on a weekly basis, Mr. Crow? CCMIN:12-09-03 Page a4 0 BILL CROWE, CITY MANAGER: Yes. We contract with our fixed-route provider, Laidlaw Transit for graffiti services at the bus shelters and bus stops. Over the past year, we've been concerned that the level of service is not adequate, not satisfactory... TAYLOR: Excuse me. Maybe not satisfactory we're planning to expand it a little. If we're cleaning around the bus shelters, Mr. Crowe mentioned we may go out 25' to 30' to clean the gum off the sidewalk, something of that nature. So, it's not that we haven't been doing anything. This graffiti program, we have three full-time City employees. That's what they do. It cost us $200,000 a year. And, we can't keep up with it fast enough, and we could put six employees on and we couldn't keep up with it fast enough because we don't put them out at night, we don't put the deputies out to watch the entire City. It's just the mentality of the taggers and the gangs that do this. So, we're at their mercy whether we want to admit that or agree with it, we don't have a whole lot of options but to try to clean it up. And, sometimes it works, when we keep cleaning it up. For some reason they either get frustrated or maybe they've gotten caught. So, it's not that we're not doing something with the graffiti. This has been going on, you mentioned 1995, this has been going on many more years then that particular program. The City's doing what they can, but we can't have 24-hour policing everywhere in the City. It's frustrating for you, it's frustrating for us. MAYOR VASQUEZ: That's exactly what happened, Gary. I'm very frustrated and I asked Bill if we can have another employee just for maybe two months, because I know this thing goes up and down. They get out there and they start painting everything. TAYLOR: I think, Mr. Tamez, is it? Did you know there was a $1500 reward? It's interesting because I think we've had one or two takers in ten years. Maybe that's something... again, it's an arrest and conviction that has to be done. It's something there again. Taggers aren't very brave or bold. The ones that have happened in the past, they have to more or less face the humiliation and that's it. It's not like gang members or shootings. I mentioned to Mr. Crowe that we need to try this, to put it in the City newsletter again to have somebody come forward because we can't process it without any witnesses. You've got an excellent source... what you just stated. Your videos, you know who it is. We can't do anything without the support of the residents. You come to the meeting and express your frustration. We're just as frustrated, but we can't do it for you. There has to be somebody that says... in this case I'm almost sorry to say is $1500 to pay out in reward money. But, we have to do this or else we're going to have to hire, as the Mayor says, get another 4a' graffiti man. This proposal that they're talking about was to get an outside contractor with a boom rig that can go up on the second floor with the equipment, because we don't have that. It's a question if something happens, we can't do anything without a witness. Mr. Crowe made reference to...the house that was spoken of, was the address 8339 Park Street? Were you aware that the Sheriffs were in there? OLGA FISHER, 8334 PARK STREET, ROSEMEAD: Yes. TAYLOR: The person that they were after is no longer there? CUELLAR: He got out the next day. MUNA-09-03 Page #5 • 9 TAYLOR: Let me read you what we have here and I'm sure the Sheriff's are going to be checking the property again. But, it simply states: "In two of the reported incidents, there were no witnesses who could identify those involved", this is the shootings, "In the other reported incident, there was a witness who could positively identify the shooter but refused to do so fearing retaliation if they got involved. This lack of witnesses unwilling to come forward complicated and slowed down the investigation. On Monday, November 24 s, Deputies from the OSS, along with the two Sheriffs Department SWAT Teams, served a Search Warrant at the location. One suspect was arrested on a weapons charge and a handgun was found. A Sheriff's narcotics sniffing dog went to the location and did not locate any narcotics. Additional information: A second resident of that location, believed to be the main trouble maker had moved out of the location. This was reported by the family to the OSS Deputies". It's not that they are not doing anything. Do you believe that? Would you give them the benefit of the doubt that they are doing something? CUELLAR: Well, the owner of the house is a very smart woman. They can tell you anything they want like that's the truth. TAYLOR: O.K. But, we're going to have to follow up on it. But, let's give the benefit of the doubt that they are doing what they can. No witnesses, no arrest, it's that simple. JOANNE CUELLAR, 8344 WHITMORE, ROSEMEAD: Everybody knows where they hear the gunshots from. TAYLOR: That doesn't mean anything. You can hear a gunshot... do you want to go over and be a witness? You can't do that. The Courts throw out cases like that so everybody loses. It's very frustrating for you and us. But, they're doing something... what they can, until a witness comes forward, or as Mr. Tamez mentioned, the Deputy chased him around the corner, at least if it was something serious, they might be able to hold him the next time. So, let's give them the benefit of the doubt that they're trying to do something. FISHER: Mr. Taylor. I live by myself on that corner, nobody else but me and my two dogs. I couldn't do anything. I'm a sitting duck, and no TAYLOR: I understand that and I'm not criticizing you for that or being fearful of it. I understand that completely, but I want you to understand the frustrations what can we do? FISHER: Do you have the report of when the mailman was trapped right in there? TAYLOR: I can't say that I have, I'm not aware of it FISHER: I don't exactly, remember what month it was, but the mailman was delivering the mail and I had seen this person sitting in front of my house very early in the morning. I wondered what this woman is doing here, her and her friend. So, when the mailman came, he delivered my mail, turned around, and then she followed him, pushed him and shoved him. CCMIN:12-09-03 Page a6 • 9 TAYLOR: Excuse me. You're saying that the lady that lives there did this? FISHER: Yes, the lady that... and I went out to get my mail and for some reason I stood there, 1 don't know why. Then when she followed him to the end of the cul-de-sac, the last house, she was starting to push him, and he was pulling his hands up... like that, and she was standing there watching. TAYLOR: Let me ask a question. Mr. Crowe, were you ever aware of this? That becomes a Federal crime. FISHER: The mailman called the police and the were there, everybody was there. TAYLOR: When was this? CUELLAR: Last month. FISHER: I can't tell you exactly. TAYLOR: We can certainly verify it. I mean not to validate that this woman... FISHER: It was sometime during the summer. TAYLOR: Last month or during the summer? There's a big difference. VASQUEZ: We can follow up on this. TAYLOR: Ok, but there is some confusion of what happened. But, it is interesting because that's a Federal crime and they can go after this lady. FISHER: I stood there and they cornered him on the cul-de-sac right there, so there was a parked car so he went by the fence. TAYLOR: The postman? FISHER: The mailman. TAYLOR: Went to the fence? FISHER: Yes, he's the postman. He delivers to the four houses, then he was right there with his back to the fence. And I stood there watching to see what they were going to do. They kept on talking to him and they tried to put their hands in the mail pouch and he said to them, "Hey, leave the mail bag alone". They said, "We are not doing nothing. We just want our mail". I said if you want your mail, you call the post office and mail at the post office, not to him, he's government property right now, don't touch him. So we're not doing nothing! I stood there and yelled, "you leave him alone", so they finally left him and he was shaking and shaking. CCMIN:12-09-03 Page n7 • • GARY: We can follow this up and give you more information. TAYLOR: Again, I don't know ...you can understand our frustration with it too. We... FISHER: What if this happened in your neighborhood? TAYLOR: I would have to do something about it. But, I can't do it because it hasn't happened. I'm sorry it's happened in your neighborhood. But, we'll follow up on it and find out why the post office didn't do something about it. VASQUEZ: We'll follow up on this, Olga. Gary, I'd like to get back to this item here, if we're going to vote on it or come back with.,. TAYLOR: Mr. Mayor. I'd like to defer it. We had a discussion, the City Manager and I, you weren't directly involved with it- But, bring back more recommendations other than just ...the conversation was we may have to spend another $100,000. That doesn't solve the problem, it goes out to patch the graffiti. If some of the neighbors are willing to be an informant and...I'm not sure of the discretion of how the $1,500 is handled, but I know it's been paid in the past. DAMIAN NEVAREZ, 3043 CHARLOTTE, ROSEMEAD: Does it need to be more than one occurrence? If I go out and do surveillance on my own and see a tagger... these guys when we were talking to the reporter, these kids there, they like ...they hang out at Garvey Park. I can see them from my home out there and they drove right past us on bicycles and their feet are walking past us and they're like 12, 13 years old, and one kid was on a bicycle and looked back, he looked at us, and looked back and he... (at this point Mr. Nevarez made a noise of a spray paint canister). TAYLOR: They're very bold about it, no question. NEVAREZ: If I go out and do that, and I'll make $1,500 on the poor kid, do I have to have more than one occurrence per actual trend or could this be one occurrence? TAYLOR: You're a witness to it and you backed it up as being graffiti, then it can be one incident. NEVAREZ: Detaining? TAYLOR: Arrest and conviction. You can show where they live, the Deputies can arrest them. You have to file a complaint. NEVAREZ: So you follow those residents and the I.D. them, and they'll pick them up. TAYLOR: Is that correct? CROWE: I think that's correct. CCMIN:12-09-03 Page a8 TAYLOR: That's the way to start it moving. But, if we don't do it or the residents don't... and I told Mr. Crowe, if we have to pay $100,000, we can pay 70 residents $1500 and get them involved rather then no involvement other than just pick up the phone and call the graffiti people the next day and say we've got another job for you. We're going to spend the money one way or another. But if the people don't start helping, it's never going to get solved. NEVAREZ: Did you advertise that in the book that was just sent out? TAYLOR: Yes. Well, we need to do it again because Mr. Tamez wasn't aware of it. At this point, Mr. Nevarez addressed the Council about his concern with being followed by someone in a vehicle. Per his request, his remarks are not included verbatim. VERBATIM DIALOGUE CONTINUES: TAYLOR: You speak about something bad happening. You mentioned the article that the reporter wrote about the homeless lady on San Gabriel Boulevard. Well, she was arrested yesterday for assault with a deadly weapon. NEVAREZ: Like that... TAYLOR: Ok, but I want to clear the point. The Deputies... we've been down there... the Deputies, for two years. They know who the lady is. The lady has been more or less taken into custody and put into a mental facility. It's not that we weren't doing anything about it, but she refuses care and goes right back to the street. She has that right. But, yesterday she was arrested for assault with a deadly weapon. Now she's back... she went beyond the limits. But what could we do before that? We can't go down and say that this person doesn't fit in society, let's lock him up for a while. It's frustrating. NEVAREZ: Ok. What about being a nuisance to the neighborhood, like you said, a petition to get him out. That... the whole neighborhood can sign it. TAYLOR: Well, you've gone a step further. Who chooses who's a nuisance in the neighborhood, provided they haven't harmed anybody and they're not stealing or vandalizing. What becomes a nuisance. And, I only say this because the Courts won't have anything to do with it. What crime was committed? "Well, they were a nuisance. What kind of a nuisance? They were hanging around our neighborhood, and they don't live there, and they're homeless". That incident that was in the paper showing the lady sleeping on the sidewalk, now she's in the jail system. I don't know how things like that happen. Whatever she did she stepped over the line. But before that, we couldn't do it. If anybody goes further in this newspaper, it reads on page 6, the Governor is going... they're going to release... "Critics Slam Governor" If the Act is suspended, the Welfare Act, the State could cap enrollment at 21 regional health centers that serve 190,000 people with autism, cerebral palsy, mental retardation... they're going to be put out on the streets. So, this lady fitted into that category, is all I'm trying to say. And here's another CCM1N:12-09-03 Page u9 • 0 190,000. It's frustrating, irritating, and I say the Deputies are trying to the best that they can when they go down to do it. The Courts won't help us unless there's a crime and witness. That's the only point I want to make with you. NEVAREZ: I think that you expressed that earlier. I know you're limited right now. You're limited and it's frustrating at all ends. We're at the end of it. TAYLOR: I sympathize with you. NEVAREZ: We're kind of like... witnesses can't step forward because of fear of the guys that are there. I don't even want to get involved to be honest. I enjoy living in the household, even my family owns property and I've grown up there. I don't want to move to another city right now. If I have to, I have to. I agree with you. VASQUEZ: All right. Item V. A. will be deferred to the next meeting. TAYLOR: I would rather because there are some other things that have come up that we need to put in. VERBATIM DIALOGUE ENDS. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS Councilman Taylor requested that tonight's meeting be adjourned in memory of Burma Foutz, wife of former City Treasurer Hugh Foutz. 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 8:55 p.m. in memory of Burma Foutz. The next regular meeting will be held on Tuesday, December 23, 2003, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk CCMIN: 12-09-03 Page#]0