CC - 11-14-95NPYROVrD
^ CITY OF I20 EMEAD
DATE 11 28 9.
MINUTES OF THE REGULAR MEETING C e-zL-tL~X
ROSEMEAD CITY COUNCIL
NOVEMBER 14, 1995
The regular meeting of the Rosemead City Council was called to order Dy mayor
Vasquez 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 Councilmember Taylor
Church
The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch
. Mayor Vasquez
Absent: None
Imperial, Taylor, Mayor Pro Tern Clark, and
APPROVAL OF MINUTES: SEPTEMBER 26, 1995 - REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER IMPERIAL
that the Minutes of the Regular Meeting of September 26, 1995, be approved as corrected.
Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: NOVEMBER 7, 1995 - SPECIAL MEETING
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Minutes of the Special Meeting of November 7, 1995 be approved as submitted.
Vote resulted:
Yes:
Clark, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
Taylor
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS:
A Resolution was presented to Vernon and Leanna Chesterton for their dedication to
the improvement of the quality of life in Rosemead, and especially for their contribution last
year in purchasing forty tickets and arranging for transportation for Rosemead's youth to
attend a Dodger game. Mr. and Mrs. Chesteron thanked the Council and the Sheriff's
Deputies for their support and supervision of this event.
1. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of public hearings was presented by
the City Attorney.
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A. MUNICIPAL CODE AMENDMENT 95-02; MODIFICATION AUTOMOTIVE
RELATED BUSINESSES REQUIRE CUP C-3 AND M-1 ZONES, CITYWIDE
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the.Public Hearing for those wishing to speak in favor or against the
project.
There being no one wishing to speak the Mayor closed the Public Hearing.
Councilmember Taylor confirmed that this Ordinance does not affect existing
businesses and asked what will be done with the problems at those businesses such as clutter
and junk storage on their premises.
Peter Lyons, Planning Director, responded that Code Enforcement is working with three
problem sites with the intent to clean up auto parts stored outside the enclosed structure and
to reduce the amount of stored inoperable vehicles that are in the parking areas.
Councilmember Bruesch referred to the section of the staff report which states there
does not appear to be enough "teeth" in existing codes to file a case against an offender and
hoped staff would reinforce those sections that need them.
Robert Kress, City Attorney, stated that the code enforcement process is just getting
started, with a "Please Letter" first and continues from there. Mr. Kress continued that in
most cases there is voluntary compliance and any issues not solvable with existing codes will
be brought back to Council with an Ordinance requiring businesses to comply, but, the City
is not at that point yet.
Councilmember Taylor asked what does staff intend to do with the code sections that
are not enforceable and how does the proposed amendment correct that problem with existing
businesses?
Frank Tripepi, City Manager, responded that this Ordinance will not affect existing
businesses, buy may help prevent new businesses from becoming nuisances.
Councilmember Taylor stated that he feels existing businesses, theoretically, would
now fall under this Ordinance and he cannot support such a blanket coverage. Mr. Taylor
asked what businesses would be covered by the proposed Conditional Use Permits and why
not correct the Ordinances that need to be corrected. Mr. Taylor then noted that the Sections
listed in the proposed Ordinance incorporates every zone requiring a Conditional Use Permit
asked why is it that way.
Mr. Lyons responded that the R-1, R-2, and R-3 zones allow various uses and this
Section of the Ordinance is a cross reference of the municipal code to assure that a person
looking at a one specific zone section, is notified which uses require Conditional Use Permits.
Councilmember Bruesch agreed that that is a logical reference for a new automotive
business owner coming into the City.
Councilmember Taylor stated again that the existing businesses still need to be cleaned
up.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER CLARK that
the Council waive further reading and introduce Ordinance No. 95-02. Vote resulted:
Yes:
Clark, Vasquez, Bruesch
No:
Taylor, Imperial
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Bruesch requested that staff return with stronger, enforceable codes
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Councilmember Bruesch requested that staff return with stronger, enforceable codes
for existing businesses. ,
Councilmember Imperial requested for the record that his No vote reflects his concern
with many vacant buildings in this and other cities and that Rosemead should work with the
business people to clean up their problem areas and many businesses have built in problems
and hopes that this Ordinance will not hurt those people.
Mayor Pro Tem Clark requested for the record that her Yes vote reflects that this
Ordinance provides clear boundaries for new businesses coming in and while it does not affect
existing businesses, this is a fair way of notifying new businesses exactly what is required
of them.
City Attorney Robert Kress clarified for the record that the "No" votes were against
the Ordinance and not against waiver of reading in full.
III. LEGISLATIVE
A. RESOLUTION NO. 95-55 CLAIMS AND DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $551,617.97
NUMBERED 14329 THROUGH 14457 INCLUSIVELY.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that Resolution No. 95-55 be adopted. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 95-56 CLAIMS AND DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $517,628.85
NUMBERED 14459 THROUGH 14167 INCLUSIVELY.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER
IMPERIAL that Resolution No. 95-56 be adopted. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Councilmember Taylor requested a copy of check no. 14543 to Mariposa Horticultural
with an explanation of the breakdown of the landscaping charges.
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C. RESOLUTION NO. 95-58 CLAIMS AND DEMANDS
The following resolution was presented to the Council for adoption:
RESOLUTION NO. 95-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $626,183.09
NUMBERED 14619 THROUGH 14754 INCLUSIVELY.
MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH
that Resolution No. 95-58 be adopted. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
D. RESOLUTIONNO. 95-57 -REQUESTING LEGISLATION ALLOWING THE DEATH
PENALTY SENTENCE FOR MINORS CONVICTED OF CRIMES SUBJECT TO
CAPITAL PUNISHMENT
The following resolution was presented to the Council for adoption.
RESOLUTION NO. 95-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
REQUESTING ENACTMENT OF LEGISLATION ALLOWING THE DEATH
PENALTY SENTENCE FOR MINORS CONVICTED OF CRIMES SUBJECT TO
CAPITAL PUNISHMENT
Juan Nunez, 2702 Del Mar, Rosemead, related a story from the Reader's Digest and
commented that the justice system is too soft on crime.
Mr. Tripepi presented the staff report.
VERBATIM DIALOGUE BEGINS:
COUNCILMEMBER BRUESCH: Move the approval.
MAYOR JOE IMPERIAL: Do I hear a second?
MAYOR PRO TEM CLARK: Second.
COUNCILMEMBER TAYLOR: Mr. Mayor. I have to go on record opposing it the way it is.
In the sense of working with 15 year old kids for the past couple of years ...as far as I'm
concerned, the criminal justice system is so fouled up and the court system is so fouled up.
How many men on death row are prisoners in the State of California? Anybody have any
idea? I think we put two people to death in the last twenty-five years. That sounds correct.
The voters voted to approve the death penalty and as far as I'm concerned, it implies the
government cannot administer its own laws. Since they can't take care of the vicious killers,
I think Charles Manson, he's been in prison 20 years, he's fathered three children, the State
and the people are paying for all the cost of that, and these people are put on death row, and
they say that's not working so let's take these 15 year olds and put them to death too. I
believe that there are serious crimes and 15 year olds do commit crimes. My point is the
system is broken now, so reach a little deeper now and get the kids. And when I say kids,
I don't see it as all these innocent kids have murdered somebody. Some of them do need the
death penalty and I have mentioned that I could tend to support this if it was the second
killing. Now you say one killing is enough. If that's true then look at how the State cannot
administer its laws that we have now. We've said this time and time again. Everybody says
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society has broken down, the families are broken down. So now we're going to make another
law and say kill the 15 year olds that commit a murder or a capital crime. Capital crime is...I
don't believe that is just murder. So, I can't support it on that ground because we're not
implementing the laws that we do have and society at large, because they can't control the
problem, it's easier to kill a 15 year old. It's not an easy situation and I don't criticize fellow
members for voting for this, but I think the problem is much, much deeper. I know 15 year
olds that are in the potential position of being someone that could probably kill somebody, and
they're only hanging on by a thread right now as far as which way they are dragged. And,
I mean dragged into crimes or dragged into drugs, and you say they have free choice or they
have a choice of where they want to go. Well, with the intimidation and peer pressure, a lot
of them... they're going to get the daylight beaten out of them or worse. Again, it's not an
easy solution. But, this isn't an answer when we can't administer the laws we have
currently. I don't think this is going to solve it.
CLARK: Mr. Mayor. You bring up a very good point, Gary. Countering that argument based
on what you said, though, the kids that are in gangs are being used as the "hit men" because
they know they won't get the punishment. It's unfortunate that our society has that problem,
but the older gang members know that the younger ones will not be punished with capital
punishment, and therefore, they will set them up for it. Secondly, I had forgotten to add
something on Section 3 which deals with the very thing you are complaining about, Gary.
Section 3 reads, "The death penalty, once imposed by court upon any person, adult of
juvenile, should be carried out after a uniform appeals process within a statutory time frame."
The point of that was that we're sick and tired of the "night stalker" sitting in prison for ten
years, and I mentioned this when this came up before. That's one of the problems. I'd like
to insert, if the maker of the motion would concur, "carried out after an expeditious uniform
appeals process", to emphasize that we want things to move along faster. Thirdly, I'd like
to say that kids these days are far more sophisticated than they were fifty years ago. We
have kids that know things that our parents didn't know. I just think that times have
changed. We've seen some heinous crimes committed by juveniles and I think that this would
send a message that needs to be sent.
BRUESCH: Mr. Mayor. I concur with Maggie. I just think that one of the problems we face
in our society right now is that kids are being raised in an atmosphere of no consequences.
We see it all through their lives, there's no consequences for behavior. I think this is where
we have to put our foot down and say if you're going to do something, you're going to have
consequences.
CLARK: Would you accept the amendment?
BRUESCH: Yes, I would.
TAYLOR: Mr. Mayor. It's extremely hard in the sense that, how many... Maggie states that
the kids growing today are much more sophisticated in some sense. But, they are also more
ignorant in many other aspects. In other words they have not been taught or raised with the
proper morals or aspect. It's a tragedy with the broken home situation where the kids really
don't have proper guidance. When you get into the actual aspect of these young people with
their lives, it's just a terrible tragedy. And, I truly believe in stricter and strong enforcement
of existing laws, but there's a flaw somewhere. In other words, they cannot implement the
laws that the people voted on. That just puzzles me to no end the way that we can vote on
laws and a Judge, a single Judge can step in and decide whether it's Constitutional or
Unconstitutional, it's a challenge, or whatever it may be. I just think that it's... and I
understand where the rest of you are coming from voting on this, but it seems that when you
really put the responsibility back down on 15 year olds, I just...
BRUESCH: Could I call for the question.
COUNCILMEMBER IMPERIAL: Not yet, Mr. Mayor. I've sat here and heard all this. I was
very disappointed the last time this came through when I asked for it to be put before the
Council and I couldn't even get a Second. This is not exactly what I would like to see, but
I'm going to settle for it because I think we need something. I'm tired of hearing people cop
out on all the problems, "my mother forget my birthday when I was six years old so that's
why I'm a bad guy" and right on down the line. OK, a broken home. I went to a birthday
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party not too long ago, where a lady had a 70th birthday. She raised seven kids, all without
a man in the house and everyone turned out to be outstanding individuals. The only way we
can resolve this problem is by putting morality back in the house because if they don't get it
in the home, what you see out in the street is the end result. Until we come to that point,
we need to take care of business. You tell the mother of that boy who was sitting in the van
here in Rosemead, listening to the radio when his parents were in the house and somebody
walked up to him and said, "where do you come from", and bang, blew his brains out. You
tell the mother of that young man why you feel sorry for these other people. You've got
people out here today, and we talking about a different United States of America then when
you and I grew up. You are having a problem with dealing with this when we've got people
out there that are using kids to do their dirty work for them. You've got a 14 year old,
anybody over 14, these guys will go out and find somebody 13 years old and right on down
the line. They're going to use kids to do this. What I'm saying is it's too bad that we have
to feel all this sympathy for kids that are doing this when we've got good kids that we're not
paying any attention too. We're building programs for kids that are problems and no programs
for kids that are good and doing their work. I think we had better look at what the results
have been and take charge of the situation and say you do the crime you do the time. I think
it's about time we do that.
TAYLOR: Mr. Mayor. Mr. Imperial made one of the most valid comments in his statement
that morality begins in the home. The children are a reflection of society. We talk about the
gangs and the crimes that are going on. This spectrum, "morality begins at home", if 27%,
and we're going to use a moral issue, 27%, 1.6 million babies are aborted in the United States
each year. In over 50% of the African-American families, the babies are born out of wedlock
with no fathers in the home. You get into the same percentages, it drops down to about one
in four out of Caucasian and Hispanic. You take the breakdown in the State of California,
year in and year out, and again, my daughter went through a divorce. I'm not going to make
accusations, but 65% of the marriages in California, every single year for the past ten years
have ended in divorce. My point is, and Jay is correct, morality begins in the home. I don't
fault anybody for having a divorce, and a lot of cases they've said I wished we had resolved
the problem because it's still with me even though I'm remarried. These children are a
reflection of what is going wrong with society and that's why we see something as drastic
as this coming up because not only have the kids failed, but we failed as a society. So, Mr.
Bruesch has called for the question, I think we've debated it long enough.
VASQUEZ: We'll go ahead and vote and take a short break.
TAYLOR: Mr. Mayor. I'd like this section verbatim.
Vote taken from voting slip:
Yes:
Clark, Vasquez, Bruesch, Imperial
No:
Taylor
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
END VERBATIM DIALOGUE.
A 5-minute recess was called at 8:55 p.m. and reconvened accordingly.
IV. CONSENT CALENDAR
CC-A AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES CITY CLERKS
ELECTION LAW SEMINAR, DECEMBER 6-8, 1995, MONTEREY
CC-13 REVIEW AND APPROVE SCHEMATIC DESIGN - ROSEMEAD PARK PICNIC
SHELTERS AND PLAY AREAS
CC-E RECEIPT OF BIDS AND AWARD OF CONTRACT FOR THE RESIDENTIAL
. REHABILITATION 54TH HANDYMAN BID PACKAGE
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CC-G REQUEST FROM CONSOLIDATED DISPOSAL SERVICES, INC. FOR ANNUAL
ADJUSTMENT OF RESIDENTIAL AND COMMERCIAL REFUSE RATES
CC-H CLAIM FOR DAMAGES/APPLICATION FOR LATE CLAIM
CC-K REQUEST FROM THE GARVEY SCHOOL DISTRICT TO REDUCE THEIR LEVEL
OF FUNDING FOR THE SANE PROGRAM
CC-N AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES FINANCIAL
MANAGEMENT SEMINAR, DECEMBER 7-8, 1995, MONTEREY, CA
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY MAYOR PRO TEM CLARK that
the foregoing items on the Consent Calendar be approved. Vote resulted:
Yes: Clark, Taylor, Vasquez, Bruesch, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC-C SOUTHERN CALIFORNIA EDISON MASTER STREET LIGHT AGREEMENTS
Councilmember Taylor requested clarification on the agreements.
Helen Archer, District Representative from SCE, explained that a Master Street Light
Agreement enables SCE to perform a variety of duties, rather than having to arrange an
agreement each time. Ms. Archer continued that there are different tariffs for different types
of lights in the City and each type requires a separate agreement. She also explained that
Timed Auxiliary Power Adapters (TAP Adapters) will be installed on Edison-owned street light
poles at various locations for placement of the City's lighted Christmas decorations. Ms.
Archer continued that there will be no cost on the Master Agreement, however, the TAP will
involve some cost.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER TAYLOR
that the Council approve the Agreements and provide information on the cost of the TAP
Adapters. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-F EXTENSION OF AGREEMENT - BUS SHELTER MAINTENANCE
Councilmember Bruesch inquired about the glass on the bus benches and noted that
many benches did not have glass.
Jeff Stewart, Executive Assistant, responded that they were removed about three
years ago resulting in a lower cost.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council approve a one-year extension to the current Bus Shelter Maintenance
Agreement, with a 1.6% cost-of-living adjustment, effective September 1, 1995. Vote
resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
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The Mayor declared said motion duly carried and so ordered.
CC-L PUBLIC SERVICE AGENCIES - APPROVAL OF CONTRACT
Councilmember Taylor stated that he thought $330,000 was still in question and what
transpired to bring the balance down to $24,925.50.
Mr. Tripepi explained that through no fault of the City, the public service contracts
were signed and returned outside of the contract period which caused them to be ineligible
for reimbursement. Mr. Tripepi stated that staff is in the process of compiling information to
have the $24,925.50 amount dismissed and that the County Community Development
Commission (CDC) has requested that Council indicate by Minute Action that it was their
intention to have the funds disbursed for the fiscal year July 1, 1993 through June 30, 1.994.
Councilmember Taylor asked about the CDC payback which would be credited to the
City's CDBG's fund.
Mr. Tripepi explained that should the County and HUD deem that the City violated
provisions, then the City will have to reimburse the CDBG fund in the amount of $326,000.
That money will be transferred from the City's General Fund to the City's CDBG fund for use
by the City for upcoming CDBG programs. Mr. Tripepi continued that the County is holding
$900,000 and will not release it until these issues are resolved; however, this does not hold
any programs up since Rosemead is an entitlement city funded through HUD.
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER BRUESCH
that Council approve amendments to the 1993-1994 public service contracts for the Boys and
Girls Club, Asian Pacific Center, and Family Counseling Services retroactive to July 1, 1993,
for the fiscal year 1993-1994 and that the City Manager be authorized to make changes
necessary to implement these amendments. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC-M APPROVAL OF ENTERTAINMENT PERMIT FOR THY XUAN RESTAURANT,
8968 E. GARVEY AVENUE, #D
Councilmember Bruesch asked if this establishment abuts any residential homes and
inquired if the clientele could be pinpointed by the play list of songs on the karaoke machine.
Steve Willkomm, Business License Investigator, responded that a school bus yard is
behind this business and the issue of particular types of music has not been a problem.
However, Mr. Willkomen continued, a concern is the video monitor seen by the singer and/or
patrons and has requested that no adult type films be played as this is a restaurant.
Councilmember Imperial questioned the hours of operation, 9:00 a.m. to 10:00 p.m.
as being too long and asked if they have an ABC license.
Mr. Willkomm responded that the establishment does have an ABC license, however,
the conditions of approval does not restrict karaoke times, but typically, karaoke singing
occurs in the evening.
Councilmember Imperial asked the owner if alcohol beverages are offered during this
period of time as he is concerned with people sitting there drinking all day and will vote No
unless the time limit is restricted.
Tuyet Nga Vuu, owner, stated that she orginally applied for karaoke to be conducted
during the dinner hour only from 8:00 to 10:00 p.m.
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Councilmember Taylor suggested 6:00 p.m. to 10:00 p.m. instead to allow more
leeway for set-up, etc.
Juan Nunez, 2702 Del Mar, Rosemead, stated that he hoped this establishment will
not cause the same type of problems as KTV on Valley Boulevard.
It was explained that these are two different types of businesses.
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council grant an Entertainment Permit to Thy Xuan Restaurant, 8968 E. Garvey
Avenue, #D and to amend Condition No. 4 under the Conditions of Approval to add that
karaoke hours are from 6:00 p.m. to 10:00 p.m. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, 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
A. REQUEST FROM COMMISSIONER KNAPP FOR REAPPOINTMENT TO THE
TRAFFIC COMMISSION
MOTION BY COUNCILMEMBER BRUESCH, SECOND BY COUNCILMEMBER IMPERIAL
that the Council approve the reappointment of Holly Knapp to the Rosemead Traffic
Commission. Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. REQUEST FROM COMMISSIONER TIRRE FOR REAPPOINTMENT TO THE
TRAFFIC COMMISSION
MOTION BY COUNCILMEMBER IMPERIAL, SECOND BY COUNCILMEMBER BRUESCH
that the Council approve the reappointment of Dan Tirre to the Rosemead Traffic Commission.
Vote resulted:
Yes:
Clark, Taylor, Vasquez, Bruesch, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
VI. MATTERS FROM OFFICIALS
A. COUNCILMEMBER BRUESCH
1. Bid farewell and expressed his appreciation to Al Rodriguez, City Engineer, who
will be leaving the City.
B. MAYOR PRO TEM CLARK
1. Wished Mr. Rodriguez well also.
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VII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Juan Nunez, 2702 Del Mar, Rosemead, mentioned the fact that the Council had not
meet for one month.
Mayor Pro Tem Clark responded that the cancellation of the October 24th meetings
were due to attendance at the League of California Cities Conference and that during the
conference, she had an opportunity to speak before the actual Constitutional Revision
Commission and expressed all of our concerns.
IX. CLOSED SESSION
Councilmember Taylor requested that the tape recording regarding item B. from a
previous closed session be played at this closed session.
A. The Council recessed to a Closed Session at 9:40 p.m. pursuant to Government
Code Section §54954.5(c) to discuss Abalo v. Chevron Chemical Company
Case no. BC 01 12 185 (Operating Industries Landfill - Monterey Park) litigation
for the following purpose: CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
B. The City Council met in a closed session, pursuant to Government Code
§54956.9(b)(1)(a), for the following purpose: CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation: one
potential case (Estrada)
The City Council reconvened at 10:12 p.m. in an Open Session.
Robert Kress, City Attorney, stated that on item A., the Council took action by
unanimous vote to engage the services of Brown, Winfield & Canzoneri to negotiate possible
Standstill Agreements. The second action the Council considered and approved by a vote of
4-1, Councilman Taylor voting No, to approve of an agreement for litigation services with the
firm of Burke, Williams and Sorensen regarding the timeliness of the claim and compliance
with the claim statute.
Mr. Kress stated that on item B., the Council voted 3-Yes, 1-No (Councilman Taylor)
and 1-Abstain (Councilman Imperial) to approve this claim subject to two conditions: (1) that
a letter of clarification be obtained from the lawyer; and (2) a release of all claims be secured.
Councilmember Taylor requested that the City Manager draft a confidential letter
clarifying items as expressed in the closed session. Mr. Taylor stated for the record that the
tape recording requested prior to the closed session, was not played as it was not necessary
to do so.
X. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 10:15 p.m.
The next regular meeting will be held on November 28, 1995, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
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