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CC - 12-13-83APPROVED CITY OF ROSEMEAD DATL'1a-a7 Ry MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL DECEMBER 13, 1983 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Cleveland at 8:05 p. m., in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tem Taylor. The Invocation was delivered by Reverend Tom Phillips. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Imperial, Taylor, Tury and Mayor Cleveland Absent: None APPROVAL OF MINUTES: November 22, 1983 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the November 22, 1983 Council Meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Mayor Cleveland introduced to the audience Pete Caliento, representative of Congressman Marty Martinez's office. Mayor Cleveland presented Arlene Bitely with a Resolution of Congratulations from the City Council and citizens of Rosemead honoring her retirement from the Garvey School Board which she served for 30 years. . Arlene Bitely expressed her appreciation to the Council and stated that she would keep in touch as there are a lot of un-done things to be done in the school district. Mayor Cleveland presented a Resolution to Scott Hutton on behalf of the City Council for his service as an employee for the City of Rosemead for a period of four years. Scott Hutton expressed his appreciation to the City Council, Mayor and City Manager for the opportunity for being allowed to work for the City of Rosemead. He expressed his deep appreciation and gratitude to Mike Burbank, his immediate supervisor. Arlene Bitely, also, expressed her appreciation to Michael Burbank for his helpfulness throughout the years. I. ORAL COMMUNICATIONS A. CAL TRANS RAMP METERING John Reeves and Marshall Young, explained on the on-ramp metering of the Freeway system, and commented that the Project on the San Bernardino Freeway would be from the Long Beach Free- way to Pomona and that it would help alleviate some of the con- gestion. III. LEGISLATIVE A. RESOLUTION NO. 83-55 - CLAIMS & DEMANDS RESOLUTION NO. 83-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $677,608.29 NUMBERED 8746-8761 & 8059 THRU 8198 INCLUSIVELY CM 12-13-83 Page #1 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-55 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. RESOLUTION NO. 83-56 - NOTICE OF INTENTION TO RENEW LAW ENFORCEMENT SERVICES AGREEMENT RESOLUTION NO. 83-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA NOTIFYING THE BOARD OF SUPERVISORS OF CITY COUNCIL'S INTENTION TO RETAIN LOS ANGELES COUNTY SHERIFF SERVICES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Resolution No. 83-56 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that his comments be placed in the record verbatim: He stated that he had reservations about voting for this contract, the renewal of it,he would vote for it, and it would be for the good deputies that he felt was on the Sheriff's Department. He had some severe reservations about the way that some of the issues are handled. At the last meeting he had requested some information regarding an incident that happened over four months ago in the City. As of this date, we received a letter, the Council did, stating that there is an investigation proceeding at this time, they have no further imput other than reference made to a letter dated September 27, 1983. He asked that if the City does not have a response by the next meeting, that the City Council minutes regarding the incident at Naugles and the incident that happened on Marshall Street in August be sent to the State Attorney General's office and also to the U. S. Attorney General's office. He stated that we are getting zero in- formation and whatever the outcome is, we will live with that, but there has got to be someone to move this thing along, and by the next meeting, if there is no.information and they cannot clean their own house it will be in the record that we tried to find out what was going on. He reiterated that there are good sheriffs and there are bad sheriffs, and that is true with any organization, but he is not going to sit on this thing and just let it float out with nothing being done on it. That's all he had to say at this time. C. RESOLUTION NO. 83-57 - CALLING AND GIVING NOTICE OF THE MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 1984 RESOLUTION NO. 83-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,CALIFORNIA CALLING & GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984 FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY that Resolution No. 83-57 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. D. RESOLUTION NO. 83-58 - CONSENTING TO REQUEST OF SCHOOL BOARD TO CONSOLIDATE WITH MUNICIPAL ELECTION ON APRIL 10, 1984 RESOLUTION NO. 83-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA CONSENTING TO A REQUEST OF THE EL MONTE UNION HIGH SCHOOL BOARD OF TRUSTEES TO CONSOLIDATE A SPECIAL SCHOOL DISTRICT ELECTION WITH THE CITY OF ROSEMEAD MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 1984, PURSUANT TO SECTION CM 12-13-83 23300 OF THE ELECTIONS CODE Page #2 Cl • MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that Resolution No. 83-58 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. E. ORDINANCE NO. 562 - AMENDING MUNICIPAL CODE TO DELETE EXEMPTION FOR OPERATORS. OF WATERBORNE VEHICLES ORDINANCE NO. 562 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING CHAPTER I OF ARTICLE VI OF THE ROSEMEAD MUNI- CIPAL CODE RELATING TO SALES AND USE TAXES MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that Ordinance No. 562 be introduced on its first reading and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (CC-D, CC-F, CC-G, and CC-H Deferred) CC-A AUTHORIZATION TO ATTEND CSMFO SEMINAR IN SAN DIEGO FROM FEBRUARY 1-4, 1984 CC-B APPROVAL OF PARCEL MAP 1114769-SAN GABRIEL BLVD/POMONA FREEWAY CC-C ACCEPTANCE OF APPRAISALS ON WHITMORE STREET(JACKSON/NEW) CC-E FINAL PAYMENT REQUESTED FOR WHITMORE, CHARIETTE & EARLE MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the foregoing Items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-D APPROVAL OF SPEED ZONE STUDY FOR CITY OF ROSEMEAD Councilman Tury stated that he concurred with the entire survey except for Walnut Grove from Rush Street to San Gabriel Boulevard, and he felt that 45 miles per hour was excessive. John Mayerski, Traffic Engineer, stated that he could set the speed limit to 40 and that would make it consistent with the rest of Walnut Grove. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the Speed Zone Study for the City of Rosemead be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-F ACCEPTANCE OF EASEMENT OF WHITTIER NARROW GOLF COURSE AND FERN AVENUE Councilman Taylor stated that he would have to vote "no" on this particular item because of the concept of the program and that it has turned into a very expensive project. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the easement and road deed be accepted for the construc- tion of River, Stingle and Fern Street improvement and storm drain project. Vote resulted: AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 12-13-83 Page 113 u u CC-G ACCEPTANCE OF ROAD DEEDS, PERMITS TO ENTER, RIGHT OF WAY AGREEMENTS FOR NEWMARK STREET IMPROVEMENT PROJECT Councilman Taylor requested some back-up information pertain- ing to the size of these parcels. Tom Howard, Deputy City Engineer, stated that these are two corner cut-offs for two specific parcels that were not on the original appraisal. Councilman Taylor inquired why there was such a discrepency in the cost of the parcels, and requested information explaining the disparity. Tom Howard stated that he would get that information back to the Council at a later date. Mayor Cleveland inquired if there was any objections to deferring this item. There being none, it was so ordered. CC-H AWARD OF BID ON HOME IMPROVEMENT PROGRAM Councilman Taylor stated that he had commented on his reasons for not voting for this particular item in the past and he had to vote "no" on this project. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the bid for home improvements as covered by low interest loan for Miriam Gaines at 8702 Scott Street be awarded to Earl Cassels in the amount of $13,612. Vote resulted: AYES: Councilmen Cichy, Imperial, Tury, and Mayor Cleveland NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Taylor stated that he wanted the minutes to reflect that his "no" vote was not against any resident of the community, only the way it is funded. V. MATTERS FOR DISCUSSION & ACTION A. MODERN SERVICE CONTRACT (Verbatim) Tripepi: Mr. Mayor and members of the Council, at the last meeting there.was some discussion held regarding the resolution of, what I believe what were two critical items. One being the rate paid by the residential user for Modern Service trash collection, and secondly, the acceptance by the Council of a formula that would allow for a handle on the increases that take place on the dump fees on an annual basis. During the discussion at the last meeting, the Council re- quested that the past proposals and counter=proposals and the finan- cial impact of those documents that the City Council had be at least brought back in some form that they could refer to. We took those documents and placed them, actually bound them so that they could all be in one package. Also.included in that package was a letter from Mr. Andrews, Modern Service Attorney, explaining his understand- ing of the points of agreement between the Council and Modern Service. There was an amendment to that first letter clarifying two points that I believe that there was a misunderstanding on and a typographi- cal error in one case. Mr. Andrews agreed and sent that out in an amendment form and we assumed it would be in revised letter form, but we did hand deliver to the Council the points in discussion of the original letter. If you will follow through on that letter you will see that the amendments that were stated in that separate letter do clarify and restate the understanding of Mr. Andrew's client, in this case Modern Service. Now, the two critical points that there needs to be discussion is the residential rate that will be charged, and how that increase can be taken by Modern Service and secondly, a reduction in the cost of living escalator from 7% annually to 6% annually. This reduction by one percent was accounted for in the dump fee that is being paid as a direct pass through by the City. It should be pointed out to the Council, that in accepting the formula that was devised or developed by our independent auditor and the accountants from Modern Service, the Council and Modern agree to a base year figure of what normal dumping for the City would be. CM 12-13-8: Page #4 u 0 That would be the acceptable base that we would work from, from this point throughout the end of or the termination of the franchise agree- ment. We then would get an annual notification from Modern as to the increases in the dump fee. We would verify that obviously with the County Sanitation and at that point there would be a check drawn and sent to Modern for one amount covering the increases in the dump fee. Perhaps, Mr. Kress would have some items that he would want to add at this point. I think, hopefully, we have covered most of it. Kress: Mayor and City Council, I think that the City Manager has covered the points. I believe all of the information is finally in front of you. I'll be happy to answer any questions. Tury: Mr. Mayor, one question on the formula for the dumping in- creases. Can we agree to a certain amount of tonage being dumped annually? It shouldn't vary a whole lot I would assume, and use that as the base. Andrews: I believe that the base tonage has been established and we are going to work from that base. Tury: The second item, Gentlemen, I think that we should-at the last meeting we talked about freezing the rates for the residents and the City assuming the responsibility for the increases in the dump fees. The figures haven't changed since the last meeting. I felt as though we had a concensus that we would want to do that. I think maybe formally tonight we should make a motion on that one item. That the residential rates be frozen at the present rate. That all future increases, any increases in the dump fees be paid for by the City for the balance of the Contract. Would there be any problem with having a motion like that? Taylor: Mr. Mayor, Lou do we have to have that before the final resolution of the 90 days when this is going to be put together in a package? Tury: Well, Gary, you are saying the same thing that I have been asking these guys for two days now. I had assumed that we would have a package at this meeting including that in there, but they claim that they cannot make up a package until Council has agreed to do that one particular item. I think that that particular item is critical to resolution of the whole thing, and if..like I said I felt as though we had a concensus at the last Council Meeting. Figures haven't changed and if that would make them more content to put together a total package, I would be willing to do that or to amend the motion to say that it would-that particular thing would become effective only at the conclusion of the negotiations. But at least put the Council on record that we do intend to do that. Taylor: That's fine. It's a...the reason I raised a hesitation, until it is put together in a total package, in a total unit, in I believe it stated 90 Days, that it will be brought back to the Council for final approval at that time. I'll tell you right now, I am going to abstain on the vote on this package tonight until it is brought back as a total package. Tury: But, would you be willing to go on record as at least support- ing that portion of the agreement. Taylor: I went on record at the last Meeting that I thought it was a good idea. As far as what you had in concept of picking up the increases. This particular proposal tonight, it will be a 50% in- crease in fees in the 8 years that is remaining on it. So it is an automatic 50% that there is no way to back out of. Not that I am looking...I am just stating that this is one of the problems that we have had with the contract all along. We have really had no power to amend it whether it was 6%, 7% or 10% increases. We were locked in. Well, we are doing the same thing for the remaining half of this contract. We will vote affirmative to back this for the next 8 years that guarantees a 50% increase. Even though it is a compounding factor it is still a 50% guaranteed increase and that is it. We are stating that we will not challenge this contract for 8 years. CM 12-13-83 Page N5 0 Tury: That's the reason I want to get it down as pat as possible. I don't think there is any question about that. Taylor: I think the concept..I will say again, that I do agree with it, but I want to see the total package before we start approving one item and then we run into a discrepency on deliquencies and say well we can't get that this time around. We'll keep this but by golly we can't get that at this time around. Tury: I agree with that. It is going to be all in one package. Mr. Mayor would you object to polling the Council on that particular item? That would not be a vote. Would that be alright? Taylor: Lou, if your motion states that we agree in concept with it then I would vote for it. Tury: That's all my motion is. Is that the concept the residential rates now, and the City will pick up the balance of the contract out of City funds. That that I am really concerned about at this time. That the Council does agree with that particular item. S it into a comprehensive package. is that we freeze the increases for is the only thing in concept that 3 that we can put Taylor: Suject to final approval in 90 days. Tury: Subject to final approval when the contract is done or when we finally approve a contract change. Taylor: If you make that motion I will second it on that basis. Mayor: I don't think he wanted to make a motion. I think he just wanted to poll the Council on it. Tury: No, I would prefer that it would be a vote, but I thought that Mr. Taylor would not want to, but if he is willing to go with a vote on that I think that it would be a good thing to get it on record. That is the basis for some of the things that are within the agreement. Mayor: Do you see any problem with that, Mr.. Andrews? Andrews: I don't know if we are here to decide what the City is going to do.with respect to what portion of the bill it is going to pay. However, my understanding is that a proposal was submitted to us with ten items on it sixty or ninety days ago. On November 30th after much discussion,Modern opened their books, we did everything that the Council asked of us about the dump fees, the independent auditors and based on that a proposal was submitted by my office accepting all ten items that the City proposed. The City submitted a proposal to us and asked us to accept it or reject it with 10 items other than the dump fee increase which we voluntarily offered to off-set against the 7% and go to a 6%. Everything you have asked for, we agreed to. Now, as I understand it we are saying that we haven't agreed to anything. Taylor: Mr. Mayor, a point of information, it is not that we haven't agreed. Let's get it in firm, clear writing what we have agreed on. I have been on this Council for 10 years now, and we have never gotten this close to a resolution of getting it all cleared up at one time. Go ahead Lou. Tury: I am sorry I can say for myself that I am in agreement with your letter and what the Council has proposed except for changing 7% to 6% and the clarification of the commercials. So in principle I agree to it, but we really don't have an agreement here until you guys get together and work out the legalees on the thing. Andrews: I understand if we are talking about putting it into a formal written document that has been approved by the lawyers and it has got to come back to you to approve that final document. I understand that, but the proposal that came to us was dated September it said that our rate increase was to be effective at $6.00 and $5.40 effective October 1. Now we are in December. The reason we are there is because you wanted to audit the books. Which we allowed to happen. Now we are.talking about 90 days from now. Why can't the basic things that we have finally agreed to, be agreed to and then we can put the document into final form. CM12-13683 Page Andrews continues: Because this addresses the delinquencies, it addresses the commercial, it addresses the dismissal of the various lawsuits, and it takes care of those items. Why can that not be agreed to as you proposed in September. Taylor: Mr. Mayor, to answer Mr. Andrews question. We could have had these ten items thoroughly written out by now. As you say agreed upon in September, now was it your fault that we didn't get that done or was it our City Attorney's fault that we didn't get it done. Why hasn't that been done in the last 22 months? Kress: Mr. Mayor, I would like to answer that. The lawyers, both Mr. Andrews and myself, have entered into negotiation on your behalf. You have been advised on a number of occassions. We have brought back proposals and counter-proposals. What we are looking for is some approval that says "yes" this is the deal, the final deal, now lawyers go back and write it. Unfortunately, in this matter, things have had a way of changing. That has been on both sides. There cer- tainly were some open items. At the last meeting Councilman Taylor you questioned whether Mr. Andrews assertion that there were-;only a couple of open items was correct, and requested that you be provided with all the proposals and counter-proposals and that was done tonight. Taylor: Mr. Mayor, point of information. It was not for the proposals and correct me if I am wrong, I wanted it in final form, the agreement that we were going to review. All you have done was to just give us copies of papers that we have had for months. It wasn't put in final form. Kress: The minutes..the verbatim minutes reflect the fact that I said the final agreement could not be done and we would provide a summary. Upon reading Mr. Andrews letter and the other documents I thought that in fact constituted the summar.y on which the Council could vote and then we could prepare the agreement. I am fully prepared as much time as necessary to get that agreement on your Agenda. I want to get it done, but I have to know what the deal points are before I can write it. Andrews: Mr. Kress and I have talked at least two or three times a week for the past couple or three months. The accountants have spent a great deal of time at Modern Service.getting their reports ready and then trying to clarify points back and forth. The problem that we are having in writing the agreement is..just the last meeting, the offer that was presented to my client was $6.00 and $5.40 and that was as recent as the last meeting. The game started changing and I heard some different numbers starting to be kicked around. It is awfully hard for us to write an agreement when we don't even know what the agreement is. We need to know. The City has now ap- proved a $6.00 rate and a $5.40 rate, and the City has approved and we have approved because we have put it in writing back to you. We will waive those 112 accounts, we will grandfather those accounts. We won't ...we will keep the franchise fee the same. We will keep giving free service to the City. We have agreed to each one of those items. To be very candid with you, I don't know if the City has agreed to them, even though it was their offer that we accepted. So it is awfully hard for us to draft an agreement when we don't know yet what we have agreed to. Taylor: Well, it works both ways. We are telling you or the Attorneys to draft an agreement that we haven't seen in writing yet. We are saying, we have some very simply worded items. One page, maybe two covers it. And then, once that is drafted, then we have make sure that it is fully clarified. If it is not, then we are going to be right back again, well, that's not what we intended. To me it has got to be up-front. You sign an agreement when it is complete. Not by saying O.K. we approve it tonight. That is not going to authorize you to go ahead and raise the rates. CM 12-13-83 Page #7 • Andrews: When the proposal offering him a rate increase I am at a loss to understand Usually when somebody offers deal. was submitted to my client in September on October lst as part of that proposal. what that offer was intended to be. something and you accept it you got a Taylor: I think the offer was intended that we would get this con- tract clarified and completely rewritten so that everyone was in agreement. This has been one of the problems. If it is approved with not a.thorough understanding of what it really is. Tury: Mr. Mayor, if you really read the City's letter, which the majority of the Council approved, it says there very clearly that the whole contract will be negotiated before the whole thing becomes final. Taylor: This is not going to authorize or allow an increase right now with no resolution of what the Contract actually is. Tury: If you guys can do it in two weeks, we are prepared to vote. You have an offer from the majority of this Council. O.K. But part of that ...the terms of that was to rewrite the Contract. Kress: Well, I think that was really the question, and I don't be- lieve that Mr. Andrews thinks there is a binding offer and I don't either. The ninety days kicks in at the point that both parties have agreed to _a settlement of the pending litigation and these revisions in the contract. I understand the problem you have but I would like some direction. These are going to be the points subject to the lawyers drafting language that is acceptable to Modern Service Company and to this City Council that will clarify these points. Tury: That is all we have asked you to do. Taylor: Mr. Mayor, that is my understanding. That we have been hoping to get that drawn up in the last months. What is going to transpire. If we approve this tonight for the Attorneys to start drawing up the revised papers, clarification, whatever you want to call it. What , and this is directed to the City Attorney, what is going to transpire with Modern's service to the community during that 90 day period. Do they get a rate increase. Are they justified to mailing out or sending out increased bills? Tury: That is one reason I brought up the motion that is still on the floor. If the City freezes those rates, they can bill them til they are blue in the face and the City is going to pay the dif- ference. It is not going to be the residents. Taylor: A point of information. My question to the City Attorney. I would like his clarification. What is going to happen? Kress: Councilman Taylor, if the City approved the concept of leaving the rates at the current levels, and picking up of the differences authorized by the settlement agreement you have in front of you, then there aren't going to be any raises to the residents. Taylor: Well, then are you saying that we are going to automatically guarantee that we will pay Modern whether we have the agreement or not? There will not be increases to the residents, but Modern can bill us direct for that increase. Kress: Well, we don't have an effective date. That was one of the things that had we gone a little further in this tonight,I was going to suggest that we discuss. If there is a clear indication from the Council, that you are satisfied with these points, I am sure that Mr. Andrews and I could. get together and prepare the agreement. I don't think it can be accomplished in two weeks, particularly in the next two weeks. CM 12-13-83 Page N8 Andrews: If the ten items are as presented and are as.we have accepted. Those are the critical issues apparently in our contro- versy or in our discussions. If we have agreed to those ten items and we know the Council has agreed to those ten items that effective January 1, 1984 here is what is going to go into effect. We discon- tinue billing any delinquents as of January 1st, we discontinue billing those 112 commercial accounts that are not on service effective Jan- uary lst. We have agreed to all those things, but what we are now talking about is throwing in the boiler plant. Putting it into a formal agreement that your City Attorney will approve and you will approve and myself and my client will approve. I don't want to take the time and further expense to my client, we have gone on like this for three years and so have you... that we now draft up an agreement that is going to take a lot of hours and get back here and say gee, I really didn't want to agree to $6.00 after we have written the contract up that says $6.00. I want to...I am sorry Mr. Tripepi... Tripepi: I want to ask for the Council and Mr. Taylor..O.K. All we are really looking for, I think, and is merely to, in its simplest form. Is merely, concurrence by the Council with those points that have been stated in writing by Mr. Andrews. That letter is signed by Bob Andrews and Bob Andrews alone. It is not a bi-lateral letter. It is not signed by the Council also. If the Council approves those conditions, at least by concurring with that letter, we merely have the Attorneys draw the agreements for the Council's consideration. As long as the agreement states in legal language those points that have been covered in Mr. Andrews letter. There should be no problem. If there are any problems with any of those ten conditions, I guess they could be opened for discussion for possible amendment out of that contract at the time it is brought back for Council approval. As to the residential rates, there will be no notification to any of the residents because, in effect, the Council is freezing the rates at.this particular time at $5.24. If the contract agreement is approved, say in February, and at that time, there can be some discussion on both sides as to whether the Council wants to pay the difference between $5.24 and $6.00 for the two months that we have actually operated without written agreement. I think that Mr. Andrews would agree to that on behalf of his client. Andrews: Like I say, I wasn't aware til just now that the City is talking about freezing it at $5.24. I thought what we were going to do was to implement this rate. That was the impression that I got last time, and then the City was going to pick up future rates. So this is the first time,to my knowledge, that they were going to pick up the current increase. Which is fine. If what you are saying that effective January 1 or whatever date it is, that we would hold off until we have the final agreement signed and then send the bill to the City for the stuff from January 1 on, my client can make it 60 days. After 332- years, as long as we can agree that we cut off the delinquencies on January 1 and you pick up the rate January 1. So long as the agreement is finalized. As long as I know from the Council that the deal that we were offered and the deal that we ac- cepted is a deal. Tripepi: O.K. then I want to restate for the Council and for the record. By voting in the affirmative this evening you are not ap- proving any amendment to the Contract. What you are doing is that you are basically instructing the City Attorney and the Attorney for Modern Service how you want that agreement or that contract agreement drawn up for future consideration by both parties to be signed by both parties following due consideration. Andrews: Effective, I hope January 1. Now maybe.I am misunder- standing something. What I am saying that after. Mr. Kress and I based on what you've just said to draft this contract, am I still going to be confronted with changing the rules again. That we are maybe going to redeal with these ten areas already agreed to. Taylor: Mr. Mayor, there is a strong possibility of that. Mr. Andrews if what you have stated tonight is that you are surprised at some of the things that were presented tonight because you were not aware of them. You have made that statement a couple of times right now. Well we may be surprised when you bring it back with Mr. Kress and say gee, that is not what we thought. CM 12-13-83 Page N9 • 0 Taylor continues: We have got to get this straightened out. What you are saying tonight is to vote on a blank check. That is all we are asking. No way will I vote on that until we see the written agreement. Then you can read it and understand it and we can read it and understand it, and then we will discuss it. We are 90% done but that 10% can be a major item. Whether it be the delinquencies. Whether it be picking up the dump fees. Each one of those items can turn out to be a major item. Not a 10% item. So until it is in writing, I am not going to buy it. Andrews: Maybe, we are not connecting Mr. Taylor. What I am asking you to do is to approve your own offer. That is all I am asking you to do. Taylor: We have been asking to get our own offer in writing, clari- fication in detail. It is too simple the way it is right now. Two sentences, three sentences for each item. You know that contract that is existing right now has probably has from 40 to 60 pages in it. It incorporates five, six years of amendments and has never been clarified. Andrews: I understand, Mr. Taylor. All that I am saying is, that an offer, after several years, has been submitted to my client by the City. A ten item proposal. Taylor: Who submitted first? Andrews: We submitted. Taylor: It was a counterproposal to your proposal to the City. Not that the City has sent 10 items saying to Modern take these items. Modern sent a letter with ten items and we sent a counterproposal. So it is not that the City has been begging for this. Andrews: The offer that was made by Modern, I believe the last one prior to this was several years ago. If that is what the counter- proposal is to. The thing that we have is the September 6th,that was sent to us by the City. I got it from Mr. Kress. Enclosed is a counterproposal from the City. I believe the terms and offer are self-explanatory. It has ten items. We accepted the ten items. Now, all I am trying to find out, now is that still the City's posi- tion. Or have we changed the rules again. Taylor: I think it is basically the same. There has been the dump fees entered into it. That is another item that has been an amendment, I'll put it that way. Where I stand right now, I feel that it is almost comical in one sense that this Council is being ripped around between two Attorneys who haven't got a written agree- ment for us to read yet. We are saying-or being asked to vote on it tonight and we don't even know what it is. Andrews: Believe it or not Mr. Taylor, I never write a contract for a client and I supply the price. I always let my client tell me how much to offer or spend of his money. That is all I am asking the Council to do. Tell us what the terms are, and we will be glad to put it in the Contract. Taylor: Mr. Mayor, I think it goes right back to the Council's lap tonight. What do we want to direct our Attorney to do? Do we want him to draw up the agreement, clarifying what the items are, and then bring it back or do we just keep going back and forth on a theorectical agreement. Tury: Mr. Mayor, at the last Council Meeting from the minutes it says: I think that putting the package together and part of that package was the acceptable audit proceedure which I heard that you have agreed to. That Ron has drawn up. The Council would like to see that. We have not really seen any of that. Put together a com- plete comprehensive package and let's go. It hasn't changed. We have a basic understanding here, a basic agreement. Andrews: Mr. Kress is not convinced that we do and I am not con- vinced that we have an agreement. Tury: Well, we pay him so he will do...he can write it up. If we waste $2,000 or $3,000 it is our tough luck. CM 12-13-83 Page #10 0 Tury continues: But I agree with Gary. We have nothing here to vote on tonight, and I told Frank that Friday or Monday, I guess. No, Friday. We have nothing here to vote on tonight. The Council majority has sent you an offer. You have chosen to accept some of it with reservations and some modifications which as far as I am concerned you did not accept the offer. You accepted portions of the offer. O. K. So what are we to do? The City Manager asked us to approve a letter from you tonight. The letter has several things in it. Number one it says annual escalator. O. K. The Council has said if we are going to pay the dump fees it has to be changed to 6%. Now, for us to vote on this later we have to go through and pick it apart and see what exactly is right. And there are other ones in here relating to the commercials. Apparently, you have an understanding with Bob Kress, but not with this Council. We don't have it. Andrews: Are you talking about my November 30 plan? Tury: You betcha.. Andrews: Two weeks ago. Tury: Right. That is the last communications that I have had from you. Was there something more recent that we are not aware of? Andrews: Yes, there was a recent that I Tury: There was an amended letter, but even at that, you must admit that a two paragraph ...amendment to that letter, and now we are trying to vote on a letter with an amended letter. Taylor: Mr. Mayor, if I may at this time, I don't think we need any more discussion on it tonight. I think what we need to do as the Council is to direct our City Attorney to start drawing up this agreement and stop hashing it around. If it takes another three months so be it. This Council must make that decision. Let's get it done and get it done right. Kress: Is my direction to draw up the agreement based in part, based upon the points contained in the City's offer and as accepted in Mr. Andrews letter. If I get clarification on that I am ready to run. Taylor: That is the 10 points,plus the dump fees, plus the audit procedure and put it together in a package, Bob, and then we can all look at it and we will go from there. Tury: That is..You have the basis of an agreement. You have a tentative agreement. You put it down on paper and it will be ap- proved. Mayor: Let's have a motion to that effect. Tury: Mr. Mayor, first now all you have is direction here. A tenta- tive agreement. Mayor: I still think we should have a motion on it to be on record that... Imperial: What are we voting on, Mr. Mayor, direction? Tury: Mr. Mayor I have a motion on the floor, but I guess, I would like to see that go. The motion to in theory to approve the freez- ing of the residential rates at $5.25 or whatever it is, and the City to pick up the difference. To have that part of it, put with the previous City offer, and bring us back a complete,comprehensive agreement. Taylor: We are not at $5.25 now. Aren't we at $5.85? Tury: $5.24. Just paid my bill. Unless I get a break. Mayor: Was that your motion as stated? CM 12-13-83 Page #11 • • Tury: The motion stands. The motion that I made and Mr. Taylor seconded. Unless Mr. Taylor wants to take off his second. I want the motion to stand. Because what it is doing is that it is making one point that they can put into the Contract. We have in the past voted on the offer to Modern Service so there is a record of that and a restatement of that is fool hardy. But there are some changes in that and they are technical as to the percentages as to the dump fees, but this other item we have not voted on at any time, and I think it would be good to go on record as... Mayor: Then you motion is asking for a freeze.. Tury: A freeze on residential rates and the City is to pick up any subsequent increases in residential rates and dump fees applying only to residential property. I thought it was clear at the last meeting but maybe it wasn't. Taylor: Lou, you have two strong items in there. The fee increase and the dump increase. Tury: That's what was the same thing last time, Gary. Mayor: Are you ready for the question? Tury: Wait a.second, let's have a discussion. Do you have reserva- tions on that, Gary? Taylor: The basic concept I still agree wholeheartedly with. That we are fortunate enough to pick-up some of the excess fees for the residents. The dump fees are theoretical which they will be. But in the letter that was given to us, that needs to be in a proposal. Tury: Well, that's the reason, Gary, that I can agree totally with you. There is nothing to vote on tonight. We have to have a base figure put it. X number of tons. And a base fee of $3.75 a ton. Or whatever those figures happen to be so that each year we will be able to know what that is. Otherwise, we are not going to have the foggiest idea. He could say I am dumping another 20 tons this year and so I think we have to have a base that is reasonably stable. I would assume that there must be some stable base. Taylor: I think Lou, in the last minutes we clearly state that. I know myself and Mr. Imperial, both agreed with the concept which is in the minutes verbatim. Tury: Well if you want to leave it with that, it really doesn't make any difference. Taylor: It covers it thoroughly, we do support it. It is verbatim in the minutes. As I stated I will abstain on the vote until we get it. I say that I supporting the concept of picking up the extra fee but until it comes back in writing now, we are not sure what that is going to be. Our support is in the Minutes of the last Meeting. Tury: Mr. Mayor, I think the motion is only for the intent to do that. Approve in concept. I am only asking for a vote in concept. Nothing becomes final until the final agreement is signed by us and by Modern Service. So if you feel as though the direction of the minutes on that particular item, I'll just withdraw the motion. Mayor: I think your motion is very definitely in order. Imperial: Mr. Mayor, I think the minutes as Councilman Taylor says showed the intent of this Council. That is not conclusive. Council- man Tury is asking for something conclusive for the City's partici- pation in this program. I think we should make that conclusive. The minutes do not tell us that. It just tells us the feeling of the Council and maybe the intent of the Council, but that is it. I think Mr.Tury's motion is in order. Tury: Call for the question, Mr. Mayor. CM 12-13-83 Page #12 • 0 MOTION BY COUNCILMAN TURY,,SECONDED BY COUNCILMAN TAYLOR that the Council agrees with the concept to freeze the residential rates of the trash pick-up to $5.24 and the City to pick up the difference in cost for residential properties only. Vote resulted: AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland NAYES: None ABSENT: None ABSTAIN: Councilman Taylor Whereupon the Mayor declared said motion duly carried and so ordered. Cichy: Mr. Mayor, with regards to the 10 items and now.the incor- poration of this additional item, I would feel as we have been discussing it for the last month, that we are not asking for the entire contract to be redone within the next four weeks or two weeks as Bob as expressed. Taylor: Cichy: Taylor: Cichy: Taylor: Cichy: Taylor: The Hell we're not... Now, wait a minute.... The Hell we're not. I'll say it again. These particular items.. The whole damn contract, Mr. Cichy. That is your opinion, Mr. Taylor. Let's poll the Council, Mr. Mayor. Cichy: Wait a minute. That's what we are getting to. That these particular items are the basis of.the changes in the Contract. That the legalees and.the wording over a long document... wait a minute Mr. Taylor, I've got the floor what you have is a situa- tion, we keep going back and forth and keep blaming the attorneys for it. They keep saying you make'another change, and then we have to bring it back. The majority of the Council has essentially agreed to do this because of a prolonged and protracted lawsuit. The parties in the action ...part of this is.to settle this and get to the basis of it and help the community over a long period of time because of the increases that are going to be absorbed in the community. Now, to continue it on and on is not arriving at the point. These points here are the basis of the changes of the Con- tract. The verbage and the incorporation of the entire contract are secondary. Taylor: Mr. Mayor, I would like you to poll the Council at this time if that entire contract was not to be redrawn to get rid of these references of previous amendments where we had to go back and lay out four or five documents, fifteen to twenty pages each. This was the whole intent. Would you poll the Council please, so that there is no misunderstanding as to what has to be done on this Contract. Mayor: Mr'. Taylor, before we do that. If we poll the Council and the Council objects to it, then what happens because the Attorneys have no more information than they had to start here tonight. Now, if we approve these recommendations by both the City and Mr. Andrews. What are we doing tonight if we approve those ten recommendations, other than just giving :them instructions to incorporate those in their contract? Taylor: That's right they will be incorporated into their contract. In that 90 day period that Contract is to be completely clarified. Mayor: But if we don't give them this information tonight.... Taylor: They have that information, That was the vote. Mayor: Well, they have the information, but have the approved those ten items? Taylor: They have been given direction. The question was asked just two minutes ago. What do we want the City Attorney to do and CM 12-13-83 Page #13 0 Taylor continues: he reiterated is to do with those ten points. fighting this thing for so many into one single form. • the points very clearly, what he To bring it back. We have been years to get that contract back Mayor: Well, what would be wrong with approving the recommendation of these 10 items and then give them instructions to go ahead and draw up the contract including the 10 items in it. Tury: They have got that. Kress: I think I understand where the Council is going... Imperial: Mr. Mayor, a member of this Council requested a poll of this Council. I see that is in proper order and I am requesting the chair to honor the request of the Councilman. Cichy: Bob, can you incorporate these 10 items and come back with a completed,total incorporation of one contract in four weeks? Kress: What do you think; Mr. Andrews? Cichy: Then we won't have to wait the 90 days-if we can wait that period of time. Kress: This is fine, but the Council should understand that this is a change from the offer that you made. You, Councilman Taylor amended condition #10 to include the phrase "in the event that Modern refuses to execute such an agreement, a total agreement, within the 90 days of the acceptance of this.offer, then the terms and conditions hereof shall become null and void and shall not bind either party"% There was a willingness at one point, to have a deal based upon those points and have the final agreement come back later. That was my understanding at the last meeting. I have a totally different understanding tonight, and I intend to comply with the wishes of the Council. Taylor: For clarification, I have made reference to 90 days. Reference had been made to 60 days if we agree on this tonight, and the billing can take effect. Reference has been made to four weeks. The time period, Mr. Kress, if you need the 60 days or 90 days, I am not saying rush through and just draw up an agreement as fast as possible. There was a reason for putting that in there, as far as 90 days. Mr. Cichy's reference to.... what time frame is he looking for, when he says let's just get the 10 items incorporated into the contract at this time. The whole contract has to be brought back. If it takes 90 days then so be it. Kress: To poll the Council ...I think... clearly point ten says an entire new agreement. If your talking about when it comes back and the direction of the Council is that it comes back as soon as possible. Don't rush it, do a good job, but bring us, Mr. Kress and Mr. Andrews, your best shot and a complete agreement that incorporates all these points and we the Council will vote on it. Taylor: You got it Mr. Kress, very clearly. Tury: I question your saying that we are changing rules. In reading that thing all previous agreements and amendments as well as the foregoing terms and conditions shall be prepared as a single franchise agreement which will be executed by both parties within 90 days of acceptance of this offer, and shall govern for the dura- tion of the franchise unless amended by mutual consent of the City and Modern. In the event that Modern refuses to execute such agree- ment within 90 days ...and then it goes on with what you said...what is the difference? We have a basic understanding now. It is a mat- ter of putting down on paper. Kress: The difference is have these points go into later. We offered Modern October 1st and so forth. and void if they never to that at that point you were willing to effect and have the agreement come back at that time rate increases effective How can terms and conditions become null ke effect in the first place? CM 12-13-83 Page #14 B. WINDOW ON WASHINGTON MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Agreement with Window on Washington be renewed for a period of six months. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so.ordered. VI. MATTERS FROM OFFICIALS A. ELECTION LAWS The City Clerk presented a memorandum regarding the recent Election Seminar which she attended in Monterey. Much of the discussion at the seminar was focused on the increase in Absentee Voter Ballots and the possibility of fraud. Councilman Taylor stated that he has personally: experienced some of the manipulation that goes on with mail-in ballots for private organization. There is no way to check and verify who has returned the ballots: Councilman Tury commented on the promoters that work in the different cities to get their candidate or their issue to win. The fact that the laws now allow registration by mail, third parties to assist in voting and turning in voted absentee ballots. He felt that the Legislative Advocate, Joe Gonsalves, should check into this and bring back some information. Councilman Imperial requested that the Council should prepare a Resolution to be sent to the State Legislators and Federal expres- sing the concerns of the City. Councilman Cichy stated that he felt that Mr. Gonsalves may have access to bills currently being proposed that we could support which would correct some of these problems. There being no objections to the recommendation of a Resolution being prepared, it was so ordered. Councilman Tury stated that he had no objection, however, he requested that the Legislative Advocate be informed as to the feeling of the Council. B. Councilman Tury requested an Executive Session with the Council later in the evening. C. Councilman Taylor requested that at the next Council Meeting that an item regarding the consideration of an election of Mayor be placed on the Agenda. He requested information from some of the other cities that have elected Mayors. D. Mayor Cleveland stated that the staff is preparing a re- port on the visit to Zapopan, Rosemead's Sister City. He stated that by the next meeting both Mr. Foutz and he would have some reports on it. Hugh Foutz, City Treasurer, stated while in Zapopan they heard a group called the Voice of Chapalo and this group is anti- cipating a trip to the Los Angeles area for two weeks starting December 26th. Mr. Foutz has tentatively arranged for their group to entertain at the Rosemead High School. E. Mayor Cleveland stated that the Rosemead Independent Newspaper had contacted him regarding a Christmas Greeting from the City Council at a total cost of $248.76. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that a Christmas Greeting be published in the Rosemead Indepen- dent Newspaper from the City Council at a cost of $248.76. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CM 12-13-83 Page #15 VII. ORAL COMMUNICATIONS A. Juan Nunez, 2702 Del Mar, commented on the cleaning of business establishments. He mentioned that the parking lot in the rear of Del Mar Foods is very dirty and there are trucks being parked there, and are being serviced there. Councilman Taylor stated that the Code Enforcement Officer should go down and take a look at the problem and report back to the Council. . Mr. Nunez stated that he had also called the Sheriff's Depart- ment because there are people who sleep there. Councilman Imperial stated that a lot of these incidents take place at night and the Code Enforcement Officer does not work at night, therefore the Sheriff's Department should be alerted to the problems. B. EXECUTIVE SESSION Mayor Cleveland recessed the Council Meeting to an Executive Session. The Council reconvened from the Executive Session. Councilman Tury stated that a personnel matter was dis- cussed at the Executive Session, and no action was taken. The Council Meeting was adjourned to the next regular meeting on December 27, 1983 at 8:00 p. m. Respectfully submitted: City Jerk APPROVED: MAYOR CM 12-13-83 Page #16