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CC – Approval of Minutes 08-11-98 A_. , .=L. BY THE MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL - - - AUGUST 11, 1998 The regular meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Bruesch The Invocation was delivered by Mayor Pro Tern Vasquez ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Taylor, Mayor Pro Tem Vasquez, and Mayor Bruesch Absent: None APPROVAL OF MINUTES: - JULY 28, 1998 REGULAR MEETING Councilmember Taylor requested that the Minutes of July 28, 1998 be deferred to include the verbatim comments made by Juan Nunez regarding his neighbors at that meeting. PRESENTATIONS: The Council presented a plaque to Captain Jon Engebretsen for his service as Commander of Temple Station from 1994 to 1998. Captain Engebretsen thanked Council and the men and women that work out of Temple Station. Captain Engebretsen then introduced his replacement, Captain Neil Tyler. Mayor Bruesch introduced Tracey Chavaria, representing Congressmen Matthew Martinei s office. I. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, thanked staff for their information and requested clarification on the Sheriffs report. Mr. Nunez then described an altercation that took place recently between him and his neighbor. Councilman Taylor stated that the Sheriffs Department and staff has enacted on the problems and concerns as was discussed at the last meeting. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearings was presented by the City Attorney. A. RESOLUTION NO. 98-33 - CERTIFICATE OF COMPLIANCE WITH THE LOS ANGELES COUNTY CONGESTION MANAGEMENT PLAN Frank Tripepi, City Manager, presented the staff report. The Mayor opened the public hearing for those wishing to speak on this item. There being no one wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council adopt Resolution No. 98-33. Vote resulted: C28-LI-98 Page el Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. A PUBLIC HEARING AMENDING THE ZONING MAP FROM R-2; LIGHT MULTIPLE RESIDENTIAL TO C-3; MEDIUM COMMERCIAL- 7815 EMERSON PLACE Mr. Tripepi presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak on this item. Raymond Cheng, 1611 S. Garfield, #100, Alhambra, stated that he is the architect and is representing the owner, Mr. Ko. Mr. Cheng explained that the owner has owned the adjacent C-3 property for many years and recently purchased the aforementioned residential property to convert it into office usage. Mr. Cheng responded to Mayor Bruesch's question that the property is now vacant. Mayor Bruesch stated his concern with the pool being filled with water and children being able to access the pool, and, therefore, would not be in favor of this zone change. Mayor Bruesch stated that there would always be the chance of a child being able to get through the gates and drown, especially during off-hours and weekends. Councilman Imperial suggested putting safeguards around the pool to prevent a child from accessing the pool. Mr. Cheng responded that the property currently has two side gates and suggested installing a second layer of fencing around the pool with a self-closing 6'tall gate. He explained that filling the pool with dirt would be extremely difficult as the property is surrounded on three sides and the truck necessary to bring in dirt cannot gain entry to the pool area. Mr. Cheng responded to Councilman Taylor's question that the pool is intended for the owner's use and enjoyment, primarily at the end of the work day. Councilman Taylor pointed out that many homeowner's pools are not guarded with extra security while they are at work or on vacation and that property owner(Mr. Ko), being in the insurance business, is most likely aware of his responsibilities regarding any liabilities. Mr. Cheng suggested placing a pool cover over the pool. Councilmember Clark asked what the existing fencing condition is. Mr. Cheng responded that the house has two 5' side gates and that part of the application is to close off those gates to prevent people from the street entering the backyard, and that the backyard has a 6' blockwall around it. Ms. Dark suggested either installing a fence around the pool that is locked during the day, or a pool cover. There being no one else wishing to speak, the Mayor closed the public hearing. CC:8-11-98 Page 42 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve Zone Change 98-207 with the additional condition that the owner install a pool cover. Before vote could result, more discussion ensued. Councilmember Clark inquired about the difference in cost between installing a fence or installing a pool cover. Mr. Ko responded that installing a pool cover would cost significantly more. Councilman Imperial stated that a fence would suffice without placing an added expense on the owner to also install a pool cover and that the onus should be on the parents' to instruct their children. At that point, Councilman Imperial withdrew his second. Mayor Bruesch then seconded the motion. Councilman Taylor stated that some pool covers are on guided rails that a child cannot access and should any malicious vandalism occur, the owner should not be held responsible as he has made every reasonable effort to secure the pool. Mr. Taylor continued that he is concerned with long weekends and holidays as the property is enclosed by walls, preventing any outside observation of that area, and that the City is acting in a reasonable manner by requiring a cover on the pool. VOTE RESULTED: Yes: Vasquez, Taylor, Bruesch No: Clark, Imperial Absent: None Abstain. None The Mayor declared said motion duly carried and so ordered. Councilmember Clark clarified that her No vote does not signify that she is against the project, but that a locked fence would suffice. B.1. ORDINANCE NO. 789 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 98-207, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM R-2; "LIGHT MULTIPLE RESIDENTIAL" TO C-3; "MEDIUM COMMERCIAL' FOR PROPERTY LOCATED AT 7815 EMERSON PLACE (APN: 5287-020-020) - ADOPT MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council introduce Ordinance No. 789 on first reading, and schedule the item for a second reading at the meeting of August 25, 1998. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC.8-1198 Page 43 III. LEGISLATIVE A. RESOLUTION NO. 98-31 (97-98) - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 98-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $82,152.02 NUMBERED 24324 THROUGH 24339 MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 98-31. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent. None Abstain: None The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 98-32 (98-99) - CLAIMS AND DEMANDS The followine Resolution was presented to the Council for adoption: RESOLUTION NO. 98-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $247,165.18, NUMBERED 24280 THROUGH 24315 AND 24348 THEREOF MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the Council adopt Resolution No. 98-32. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. RESOLUTION . 98-34 - OPPOSITION TO PROPOSITION 9 REGARDING ELECTRIC UTILITIES MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 98-34. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC:s-11-98 Page 44 IV. CONSENT CALENDAR CC-A AUTHORIZATION TO ATTEND NATIONAL LEAGUE OF CITIES 1998 CONGRESS OF CITIES AND EXPOSITION, DECEMBER 1-5, 1998 - KANSAS CITY, MISSOURI CC-B ACCEPTANCE OF WORK FOR REMOVAL REPLACEMENT OF STREET TREES ON OLNEY STREET CC-C AWARD OF BID - MONTHLY LIGHTING MAINTENANCE AGREEMENT MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM VASQUEZ that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION -None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. MEDIA AND LITERACY - VIOLENCE IN THE MEDIA Mayor Bruesch requested that the City purchase videos from the Center for Media Literacy for the purpose of introducing parents and children to identifying violence on TV. Mr. Bruesch stated that these videos contain worksheets and teacher guides and provide training for schools, gang abatement and SANE programs and suggested purchasing two or three sets for the school districts to use. Councilman Taylor stated that the videos should be kept at City Hall as the school districts should be able to purchase their own sets. Frank Tripepi, City Manager, suggested that the City purchase one set and allow the cable TV station to broadcast it on their community access channel for the school districts' teachers and other interested organizations to view. MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM VASQUEZ that the Council authorize purchase of one set of videos and to allow Charter Communications use of those videos. Vote resulted: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Juan Nunez, 2702 Del Mar, Rosemead, stated that he received a letter from Steve Allen with infortnation that the Parents Television Council is trying to bring back the Family HOur. CC:8-1I.9R Page#5 B. MAYOR BRUESCH Referred to the recent spate of shootings near schools and asked Captain Engebretsen for an update on what the Sheriff Department is doing. Captain Engebretsen responded that there has been an increase in patrols, individual investigations are on-going, and an arrest has been made in that area. C. COUNCILMAN TAYLOR Requested that he receive all literature that is brought to him at City Hall. D. COUNCILMEMBER CLARK Referring to Mayor Bruesch's concerns about the recent shootings, requested increased code enforcement and Rave the example that by allowing deterioration of the property, it increases or encourages crime. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:50 p.m. The next regular meeting will be held on Tuesday, August 25, 1998, at 8:00 p.m. The following person requested to speak after the meeting was adjourned: Dave Lily, 8852 Marshall Street, Rosemead, stated that he is the owner of that apartment building and that his prior tenants had opened up a massage parlor and a whorehouse. Mr. Lily stated that he notified the Sheriffs Department and they arrested the people. Mr. Lily complained that about a month after those arrests, his new tenant was informed by a Sheriffs Deputy that there was a whorehouse there, and shortly thereafter, a Board of Health Inspector appeared requiring him to make some minor repairs. Mr. Lily stated that he felt that he was being singled out by the Health Department and the Sheriffs Department as the timing was too coincidental. Mr. Tripepi stated that perhaps a disgruntled tenant may have called the Health Department or it may just be a routine inspection. Mr. Tripepi suggested that Mr. Lily contact Sgt. Wallace to arrange a meeting at Temple Station with his tenant and the aforementioned deputy to resolve Mr. Lily's complaint. Respectfully submitted: APPROVED: City Clerk MAYOR CC:8-11-98 Pagc i6