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CC - Approval of Minutes 08-11-98 10: —I;7.1,IL UNTIL .T.T1D BY THE MINUTES OF THE REGULAR MEETING CITY COL/NC/L. 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 Tern 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 Martinez's office. I. ORAL COMMUNICATIONS FROM THE AUDIENCE VERBATIM DIALOGUE BEGINS: JUAN NUNEZ: I'm here tonight. Juan Nunez, 2702 Del Mar. I am here tonight to thank Robert Kress for the information he sent me. Also, this afternoon when I was here in the City Hall, they...Don Wagner, handed me this memorandum from the Sheriffs Department and I see that there's something wrong here. And I don't know, maybe I don't know how to read. But on the last page, and you probably have that in your hands or your packet... MAYOR BRUESCH: No, I have it on my desk. NUNEZ: On the last page where it says, "Victim/Suspect hit"...it mentions Ruben Acosta and Victim/Suspect mentions Juan Nunez. I don't know whether, as I say, whether I got that right or wrong. The victim, I don't know. I think that I'm the victim and he's the suspect. But I don't know...take a look at it. BRUESCH: I saw that. That's the normal way of police reports when they do not know the perpetrator and what the cause of the crime...if there is a crime -they always put the V/S together, the Victim/Suspect. They don't know. NUNEZ: They put the what? BRUESCH: V/S, Victim/Suspect. It's just the way of not giving a...not taking sides. CC:8-11-98 Page ill NUNEZ: OK. BRUESCH: That's the way they avoid being able to say, "Oh, you're taking his side." It's the normal way of doing it. NUNEZ: On the report it also says, "Mr. Nunez's remark on the purchase of a gun to protect himself due to fear of the neighbor is not sustained". As you know, they just shot a police officer down in L.A. day before yesterday or over the weekend. You know, I don't mind dying, but at least I want to be able to shoot back if I'm able to and maybe graze that guy in the forehead or something, you know. But, ... BRUESCH: Let's not speak in conjecture, especially over a matter so grave. Let's leave it as, right now, Juan, the Sheriff has done an adequate, a more than adequate job of investigating. You're getting a...maybe you saw a video tape, you have gotten the materials that you need in case you want to go to court. They've done a survey, like we asked. All five points that I asked for have been taken care of NUNEZ: The surveillance that was done also, they picked up that camper shell that was there. In fact, Saturday night, Saturday I wasn't home, but my wife says she heard Ruben telling the other neighbors, "You know, they got us on surveillance there, so be careful", you know. That's all I wanted to say. I know that I heard some reports that the Sheriffs Department seems to think that I've been coming in and saying to you that they haven't given me the assistance that I should get. I know that the wheels of justice turn very slow and that's probably why it's taking so long. But, as I say, this is 22 months that this has been going on, I don't know whether that's the length of time that it should be going on. And, I know, maybe I shouldn't show you this. On the report where it says that I attacked...that I attacked Acosta, I did throw this wood block at him when he first threw his gum, as I wrote on the report. COUNCILMEMBER CLARK: Did or did not? NUNEZ: He threw his gum in my yard. I threw the gum back at him, you know. I told him don't throw your trash in my yard. Then he threw some dirt at me, I threw some dirt at him. Then, I bent over to get some more dirt, he hit me on the head, here, with his hand. So I picked up the block and I threw it at him and then he threw this wood stick at me. That's the day that I_.Jeff can remember, I don't know if he remembers, that I had my arm bruised. That was because a car that was parked there, for weeks, you can look in the record. That car was ticketed four... BRUESCH: Juan. On the tape you have said that you know the procedure you have to go through. You already have in your possession, Mr. Kress' memo on procedures that you can go through. You need to begin processing on those procedures - you need to start doing that. COUNCILMAN TAYLOR: Mr. Mayor. What Mr. Nunez just told us tonight, that's news to me. In other words, the report states here, "During his interview, Mr. Nunez admits to assaulting Mr. Acosta by throwing a 10" 4x4 at him". It says nothing about what led up to it and it doesn't say anything about the dirt throwing. It doesn't say anything getting hit on the side of the head. NUNEZ: (unclear) TAYLOR: Oh, I understand, Juan. But, I think...when I talked two weeks ago, I think the City has done what can reasonably be expected now. There was undercover cars out there for six or seven days and just so happens at this time there were no incidents. There may have been in the past, but I think the City has made the best effort that they can at this point. NUNEZ: Well, I thank you, I thank the City, I thank the Sheriffs Department. But, as I say, they can stop that car or that truck, camper shell before. It was there, you know. And what else would they have been watching. It was there sometimes until 12 o'clock or 2 o'clock in the morning. I didn't keep any records or anything. CC:8-11.98 Page el2 TAYLOR: OK. But,just for the record, there's been a lot of information in the past two weeks that's come to light. Reports have been made and such, as far as clearing up what's been going on. So, I think that the City has pretty well covered what they can. If there's a public nuisance or criminal activity that goes on and the Sheriff witnesses that, they can do something about it at that time. But, a lot of this stuff that's been going on, it's kind of getting into the squabble between two neighbors and into a civil type issue. So, I hope that you and your neighbor can get it resolved because you're both on the hook now. NUNEZ: Thank you. FRANK TRIPEPI, CITY MANAGER: Mr. Taylor. There's one final step. There's going to be a D.A.'s conference with both neighbors. So, hopefully that can resolve this. TAYLOR: Fine. Thank you. BRUESCH: I thank the Sheriffs and staff for handling that problem post-haste. NUNEZ: Excuse me, before I go on. What, based on the ordinance, the noise ordinance, there is on the second cite, second call that they will be cited or charged for the call. And, I believe the part that I showed you before, this disturbance call it was billed (?)by Ruben and Deputy Medino, they had him bill(?) it out. When does it...what happens when it initiates_.some kind of..through the Council or through the Sheriffs Department. Which way will it be enforced? TAYLOR: It should go through the Sheriffs Department if you making calls to them. That's my opinion. They are the ones that keep a record of what comes in. We don't. NUNEZ: Well, like I say, in fact this, not this past Saturday, but a week ago, they had some...I didn't call, but my daughter called and in fact she called and she asked the Dispatcher, "Do you want my name?". You know, it would be in the record. The Dispatcher said No, we don't need your name, so how do they know who's calling? BRUESCH: Thank you, Juan. VERBATIM DIALOGUE ENDS. H. 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: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None CC.8-11-98 Page 0 The Mayor declared said motion duly carried and so ordered. B. A PUBLIC HEARING AMENDING THE ZONING MAP FROM 11-2; 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. Clark 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. 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. CC:8-11-98 Page 44 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. IH. 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 CC:8-11-98 Page 85 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 following 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. 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: CC:8-11-98 Page H6 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 VERBATIM DIALOGUE BEGINS: MAYOR BRUESCH: I have one item and we have a packet of material in there. In terms of the Media Literacy - Violence in the Media. If I may, N like to explain what this is. I was introduced to this program by going up with the Director of the program in the Rosemead School District that we support, the Conflict Resolution Program. We went to a meeting of this group called Media Literacy. They had these tapes that are a program, an integrated program, to introduce parents and kids to the way they can see an identify violence in TV and in videos, and especially in video games. What they are, are not just tapes that you see and then you discuss. They are videos that are stopped along the way, they have work sheets, and they have teacher guides. Each of the tapes cost about $60. The most important one, I think, is the parent guide. Because there's a lot of parents that come into my school, at least, and they say, "We don't know, we don't know what the kids are watching." What it does is heighten everyone's awareness. We could...what I would like to do is buy at least two sets of tapes, one for each school district, maybe three. The total cost would not be above $1000. We would get training for, not only the school districts, but also it could be used in conjunction with our gang abatement program through Juvenile Diversion, and it could also be used by our SANE officers, it could also be used by anyone of the programs that we have that deal with anti-gang, anti-violence, or anti-drug programs. COUNCILMAN TAYLOR: Mr. Mayor. I don't have a problem buying the tapes. I'd like them to be kept at City Hall. When you're talking about other people using them and buying two - one for each school district... I hate to be this way, but schools districts should be able to buy their own. FRANK TRIPEPI, CITY MANAGER: Mr. Taylor. Mr. Bruesch and I have discussed this. I have a suggestion. What we might do...see what the Council thinks about this. We could buy one set, basically have an access channel with the cable company. Basically, let the cable company run it, notify the districts when it's going to run... TAYLOR: That's fine. TRIPEPI: ... if you're interested have your teachers go into a classroom with a TV and a monitor, they can watch it and basically get training... TAYLOR: Do we have them here or do we turn them over to the cable people? TRIPEPI: I can let the cable company use them when they're going to run them and when they're finished running it, they bring it back. TAYLOR: That's fine. Then the same people, the deputies, everybody has access to them, rather than try and get them back from the school. CC:8-11-98 Page#7 COUNCILMAN IMPERIAL: I can agree with that too, but a good question came up. Can the school districts not afford to buy their own? BRUESCH: Well, the thing that I'm looking at is that I've gone to two meetings, one is the US Conference of Mayors and the other is the National League of Cities. Both of them, 2/3 of the time is spent on discussing what can cities do about youth and violence. Violence in schools, violence in playgrounds, violence in parks. Right now, most of the cities are grouping for something they can actually do about kids getting.... IMPERIAL: We are doing this, Bob. We're spending a lot of money through the Deputies is what I'm saying. Now, I just asked a simple question. Can the school districts afford to buy their own? TAYLOR: Mr. Mayor. I think wed still have a set here for public general use. IMPERIAL: I'd have no problem with a set here, but at least answer the question. TAYLOR: That's my intent, Mr. Imperial, to do that, because I feel that if the school districts want them for their use and for their classrooms, they could go ahead and buy the sets. But, we're doing it for the City at large. TRIPEPI: That's correct. Our recommendation, Mr. Imperial, would be for the City. We would have one set, it would run through the cable company on the community access channel. Obviously it's available to any and all school districts that want to, basically, observe that. But, not for school districts per se, it's for the City. IMPERIAL: I know that. I have no problem with that. I'm saying that for a reason. We've got teachers out there that are using their own money, their own time in the evenings putting on different types of group meetings and what have you. To me, the time has come where the people ought to take a look at this and say, "Where's the money going?" And, that's what I'm asking. TRIPEPI: Mr. Mayor. It would be appropriate to have a motion and a second to authorize us to purchase a set of tapes and make them available to cable TV. TAYLOR: Move the approval. MAYOR PRO TEM VASQUEZ: Second it. BRUESCH: Moved and seconded, any further discussion? Oh, excuse me. Mr. Nunez did ask to speak on this item. JUAN NUNEZ: I received a letter from Steve Allen, trying to get the Parents Television Council, trying to get back the family hour which is probably what Jay Imperial referred to a while ago. Where the children, eight and nine years old, where they killed this little girl for her bicycle and also, according to the news, sexually abused... BRUESCH: One of these tapes will be available to, say PTA's. NUNEZ: No, no. I'm not saying that tape you're going to buy is for showing sexual abuse. But, what Fm saying is that television has come to a point where I believe where...Gary, one time he didn't have a television, and I don't know whether he still doesn't. Gary, at one time I know you used to say you didn't want a television in your house. TAYLOR: We went through that for about 14 years, but finally, things changed. NUNEZ: Finally things changed. I know that you used to say that. I know that television is a...even now... CG 8-11-98 Page 98 BRUESCH: I wish we had control, but the federal government has taken all control over the airwaves away from the local jurisdiction. So, we can't do much about that. The only thing that we can do is give parents and kids tools from which to make wise decisions. And this is... NUNEZ: Even now, with the school district, their going to the Internet. The other day I told them, although I didn't tell them in so many words, I don't think they have a "Playboy" or "Hustler" magazine on their libraries, but with the intemet all the child can do is probably tap into it. And they say No. I asked them if there was a way to cut that off. They said they could. But I think once the children learn to play the computer, and they probably... BRUESCH: We're in agreement with you, Juan. The question has been called for... TAYLOR: Mr. Mayor. There is a question. Which tapes? There's quite a few in here. There's five... BRUESCH: The one in red. TAYLOR: OK. There's five listed there. BRUESCH: Yes. There's five listed. Probably we will get four of them and one for the...I don't know if we need the one for the community. TAYLOR: Might as well get the set of them. It's free for the fifth one anyway. BRUESCH: So, we get one complete set. All in favor say Aye. Vote taken from voting slip: Yes: Vasquez, Taylor, Bruesch, Clark, Imperial No: None Absent: None Abstain: None VERBATIM DIALOGUE ENDS. B. MAYOR BRUESCII Referred to the recent shootings at Temple and Sanchez 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 gave 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. CC:8-11-98 Page 49 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:P-11-9g Page 00