CC - Item 8B - City Council Meeting MinutesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 25, 2011
SUBJECT: CITY COUNCIL MEETING MINUTES
SUMMARY
At the January 11 regular City Council meeting, Mayor Taylor requested that the following
meetings be brought back to Council for approval:
September 27, 2005 City Council Minutes — This set was taken to City Council on September
16, 2006 and the motion to approve was defeated by a 2/3 vote. Three sets of draft minutes
were found with file names "CC MIN 9 -27 -05 INTEGRATED ", "CC MIN 9- 27 -05 ", and "Taylor -
Errata MIN 9- 27 -05 ". All three sets are attached for your review.
December 5, 2005 — This set was taken to City Council on September 16, 2006 and the motion
to approve was defeated by a 2/3 vote. Two sets of draft minutes were found with file names
"CC MIN 12 -5 -05 SPECIAL INTEGRATED" and "CC MIN 12- 5 -05 ". Both sets are attached for
your review.
October 10, 2006 City Council Minutes — This set was approved on November 14, 2006;
however, the minutes were never signed by the Mayor or City Clerk. I have attached a copy of
the Minutes for your review.
December 13, 2005 — This set was approved on March 28, 2006; however, no minutes were
found in our records. I have attached a copy of the March 28, 2006 minutes, page 1, where a
motion confirms the December 13, 2005 minutes were approved.
Staff Recommendation
That the City Council:
1. Give staff direction on which set of minutes should be considered for approval for the
September 27, 2005 and December 5, 2005 meetings;
2. That the October 10, 2006 minutes be signed by the Mayor; and
3. The minutes of December 13, 2005, meeting be re- written by the City Clerk and
submitted to the City Council for review and approval.
ITEM NUMBER:
City Council Meeting
January 25, 2011
Page 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
,1R,,,qk--&
GLORIA MOLLEDA
CITY CLERK
Attachment A: October 10, 2006 Minutes
Attachment B: September 27, 2005 Minutes
1. "CC MIN 9 -27 -05 INTEGRATED"
2. "CC MIN 9- 27 -05'
3. "Taylor- Errata MIN 9- 27 -05'
Attachment C: December 5, 2005 Minutes
1. "CC MIN 12 -5 -05 SPECIAL INTEGRATED"
2. "CC MIN 12 -5 -05"
Attachment D Page 1 of the March 28, 2006 Minutes
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
October 10, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Taylor
at 8:00pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard,
Rosemead, California.
Mayor Pro Tern Nunez led the pledge to the flag and Mayor Taylor delivered the
invocation.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Imperial, Tran,
Mayor Pro Tern Nunez and Mayor Taylor
Absent: None
1. PRESENTATIONS
Joint Proclamations: Breast Cancer Awareness Month - October
End Domestic Violence Month — November
Mayor Taylor presented the proclamations to Maureen Bateman who accepted the
proclamations on behalf of the Soroptomist Club and expressed gratitude to the
council for their support.
2. SPECIAL MUNICIPAL ELECTION MATTERS
A. Resolution No. 2006 -28 — A Resolution of the City Council of the City of
Rosemead, California, declaring the results of the Special Municipal
Election held on September 19, 2006 and such other matters as provided
by law.
Certification of the results of the election to the City Council.
Recommendation: That the City Council adopt Resolution No. 2006 -28
Mayor Pro Tern Nunez made a motion to approve Resolution No. 2006 -28 with a
second by Councilmember Tran. Voted resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -MIN 10 -10 -06
Page 1 of 11 ATTACHMENT A
3. PUBLIC COMMENT FROM THE AUDIENCE
Marlene Shinen, residing at 8447, Drayer Lane, So. San Gabriel discussed the
unexpected addition of the expedited Wal -Mart occupancy permit added to the
September 12, 2006 City Council meeting. She summarized the course of events
regarding this specific item; Ms. Shinen quoted City Attorney Wallin as stating:
"There is nothing on tonight's agenda involving Wal -Mart. If the City Council
wants to discuss or instruct staff, it requires four votes to put it on the agenda as
an emergency item; other than that, it is not to be considered by the council
tonight. "
Ms. Shinen also discussed comments made during Public Comment at the Sept.
12, 2006 meeting during which speakers asked if Wal -Mart would open on
September 13` She indicated Mayor Taylor and City Attorney Wallin denied an
early Wal -Mart opening. Ms. Shinen asked if these answers were given to leave
the audience unaware and off guard.
Mayor Taylor stated he had not listened to the tape and therefore had no answer
Ms. Shinen asserted Mayor Taylor had a prepared statement which allowed the
City Attorney Wallin to start meeting with the Wal -Mart comment.
Mayor Taylor responded that he did not have a prepared statement and that the
City Attorney's statement was part of normal proceedings.
Ms. Shinen then asked why the council waited until the end of the meeting to
discuss the surprise motion.
Mayor Taylor indicated that the item fell into the "Matters from Officials' section at
the end of the meeting.
Ms. Shinen clarified that the public was not given the opportunity to participate in
the discussion.
Mayor Taylor stated he didn't recall if the public spoke on it or not.
Ms. Shinen then asked if the District Attorney had requested a copy of the
September 12, 2006 meeting audio. Mayor Taylor responded yes, because Mr.
Flournoy made a complaint. She then sought clarification on the responsibilities
of the Building Inspector to issue occupancy permits and conduct final inspection.
Ms. Shinen also asked why Councilmember Clark asked to discuss the opening
of Wal -Mart, even after the City Attorney's opening statement. Councilmember
Clark responded she wanted to discuss the item, but pointed out that it was
actually Councilmember Tran who made a motion to discuss the item.
CC -MIN 10 -10 -06
Page 2 of 11 ATTACHMENT A
Linda Kilpatrick, residing at 4716 Walnut Grove, recommended cameras are
installed at intersections where frequent accidents occur. Intersections she cited
were: Walnut Grove /Mission, Temple City BlvdNalley; RosemeadNalley; and
Rosemead /Marshall.
Councilman Imperial requested staff investigate the camera idea and also traffic
light timings which may not be long enough for the seniors to cross safely.
Mayor Taylor agreed that selective enforcement is needed, especially at the
intersection at Rosemead /Marshall where he encountered drivers blocking the
intersection.
Mayor Pro Tern Nunez mentioned that this topic was discussed with Bill Crowe,
the former City Manager, who indicated the challenge in camera installation, was
obtaining approval from the sheriffs department. He added the intersections at
Muscatel /Garvey and Del Mar /Garvey should also be studied.
Councilmember Tran requested the Traffic Commission be involved.
Mayor Taylor explained that Engineering Proposal for Traffic Safety Study will be
addressed later in the meeting.
Jim Flournoy, Rosemead resident, expressed concern about a noxious and
invasive weed called Atlantis; its common name is the "Tree of Heaven ". This
rapid growing weed causes damage to sidewalks and fences and is a fire hazard
in the winter. He suggested the Planning Commission or the Parks and
Recreation Department investigate and act before the weed spreads throughout
the city. Staff indicated they would look into the matter.
Caroline Kunioka, residing at 8400 Wells Street, shared her thoughts about
healing the City, democracy, and public service. She reminded the Council that
Wal -Mart had agreed to provide crossing guards for the next 15 years and urged
the Council not to rescind that stipulation, or the one that limits store hours.
Fred Herrera, residing at 3879 N. Delta Ave., advocated City healing and also
addressed sign removal compliance. He felt that the recall election supported by
Councilmembers Tran and Nunez created a hostile environment among
Councilmembers. Mr. Herrera described Councilmember Tran's tour of Wal -Mart
as non - effective and an alienation of his supporters; he announced a petition is
being circulated to recall Councilmember Tran. He cited Councilmember Tran's
behavior, personal finances, domestic issues, problems with the law, attitude
towards the rest of the Council and City residents as the reasons for recall effort.
Mr. Herrera asked Councilmember Tran to resign, saving the City money.
Councilmember Tran declined the request to resign.
CC -MIN 10 -10 -06
Page 3 of 11 ATTACHMENT A
Todd Kunioka, residing at 8400 Wells Street, spoke about traffic problems at
Walnut Grove /Rush. Mr. Kunioka felt the Rosemead Shopper Express is not
capable of handling transportation demand at Wal -Mart.
Mayor Taylor asked Assistant City Manager Wagner update the Council on the
Shopper Express route.
Mr. Wagner explained that the Express is using a 30 minute rotation to drop
shoppers at Wal -Mart.
Mr. Kunioka suggested a MTA or Montebello Bus Line serving Wal -Mart would
be ideal in addition to the Shopper Express line. He also advocated
improvement of the traffic light and cross walk at the Wal -Mart Walnut Grove exit
and the addition of the crosswalk at the exit on Rush St.
Mayor Taylor requested staff look into alternative methods of public
transportation.
Steven Ly, residing at 3040 Rosemead Place, gave a definition of the Godwin's
Law. He thanked Councilmember Tran for his Wal -Mart visit and change of heart
and desire to work with Wal -Mart. Mr. Ly indicated he sent a press release to
Gloria Romero, Judy Chu, UCFW teamsters, and the AFL -CIO highlighting
Councilmember Tran's visit captured by Asian media illustrating his change of
heart toward Wal -Mart. Mr. Ly also thanked Councilmember Tran for making the
motion to discuss the Wal -Mart occupancy permit on an urgency basis at the last
meeting.
4. CONSENT CALENDAR
A. Resolution No. 2006 -27 Claims and Demands
Recommendation: Adopt Resolution No. 2006 -27, for payment of City
expenditures in the amount of $627,466.28 demands 54631 through
54796.
B. Minutes
June 28, 2005 — Regular Meeting
January 24, 2006 — Regular Meeting
June 13, 2006 — Regular Meeting
August 8, 2006 — Regular Meeting
August 22, 2006 — Regular Meeting
D. Acceptance of Work for Asphalt Concrete Overlay on Various City
Streets
CC -MIN 10 -10 -06
Page 4 of 11 ATTACHMENT A
The referenced project has been constructed in conformance with the
approved plans and specifications.
Recommendation: That the City Council accept the referenced project,
authorize recordation of the Notice of Completion by the City Clerk; and
authorize the release of the 10 percent retention payment 35 days after
the recorded date of the Notice of Completion.
E. Authorization to Attend League of California Cities 2006 City Clerks
New Law and Election Seminar
Conference sessions include workshops on New Law and Election
updates, FPPC, the Administrative Record, Candidate Packets, Federal
Voting Rights Act and its provisions, Ethics AB 1234, Recalls, Initiatives
and Referendums, and Meeting Rules of Order.
Recommendation: That the City Council authorize the attendance of the
City Clerk.
Councilmember Tran made a motion to approve the Consent
Calendar with a second by Mayor Pro Tern Nunez (item C & F was
pulled for discussion purposes). Voted result:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
C. Engineering Proposal for Traffic Safety Study
A traffic safety study is proposed to analyze various City intersections to
determine if they have a higher than normal accident rate and assess
what type of traffic improvements can be made to improve traffic safety.
Recommendation: That the City Council approve the engineering
proposal and direct staff to begin the traffic safety study.
Jim Flournoy, Rosemead resident, commented that he was unaware
about the purpose of the study, whether RFQ had gone out for it and
criticized drivers traveling too fast on San Gabriel Blvd.
Mayor Taylor informed Mr. Flournoy that the traffic safety study addresses
the ten biggest intersections of concern along with an additional five
intersections in the city.
CC -MIN 10 -10 -06
Page 5 of 11 ATTACHMENT A
Councilmember Tran made a motion to approve Consent Calendar Item C
for the traffic safety study with a second by Mayor Pro Tern Nunez. Vote
resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Request by James Flournoy that City Council Rescind Action Taken
September 12, 2006 Regarding Issuance of a Certificate of
Occupancy for Wal -Mart Building
On September 12, 2006, the City Council took action on an item of
business not appearing on the Agenda after making a subsequent need
finding. The action taken was to instruct staff to issue a certificate of
occupancy for the Wal -Mart building notwithstanding some unfinished
landscaping, and to not issue a certificate of occupancy for the Garden
Center building until all items of landscaping were completed. Through a
letter dated September 19, 2006, James Flournoy made a demand
pursuant to Government Code Section 54960.1 that the Council rescind
the action.
Recommendation: That the City Council take no action on the demand.
Todd Kunioka, residing at 8400 Wells Street, inquired about the approval
of the certificate of occupancy for Wal -Mart and asked if it was common
for a City Council to override staff recommendations conditions of
approval.
Mayor Taylor explained that he did not believe the Council overruled a
condition; rather, the building was 98% complete and fully stocked. The
vote of approval from the majority of the Council gave the Director of
Planning protection from pressure from the two Councilmembers that
opposed Wal -Mart.
Mr. Kunioka felt Wal -Mart was granted a special favor in the early
issuance of the Occupancy Permit without all of the conditions of approval
met. He also questioned the necessity of putting on the item on an
urgency basis at the last meeting. Mr. Kunioka reported the Wal -Mart
security guard knew they would open on Wednesday several days ahead
of time, indicating a well - plotted plan to get Wal -Mart opened early.
CC -MIN 10 -10 -06
Page 6 of 11 ATTACHMENT A
Marlene Shinen, residing at 8447 Drayer Lane, believed the City Council
violated the Brown Act during September 12 meeting and requested an
explanation from Councilmember Clark for requesting to discuss the Wal-
Mart occupancy permit as an emergency item. She also requested
clarification about how the item was determined to be an emergency item.
Ken Rozell, Assistant City Attorney, explained that under the provisions of
Brown Act, the item was not classified as an emergency item, but rather, a
subsequent need item. The standard for that type of item is that the need
to discuss and take action in an expeditious manner came about
subsequent to the posting of the agenda. A notice was given by SOC and
the Garvey School District to stop the opening of Wal -Mart after the
agenda was posted. Mr. Rozell asserted the City had the right to consider
and determine if there was a need to issue a Certificate of Occupancy on
an expeditious manner after the agenda was posted. .
Mayor Taylor explained he felt a need to give them the Certificate of
Occupancy because five out of six lawsuits filed against Wal -Mart were
lost because Wal -Mart complies with the law.
Mayor Pro Tern Nunez made a motion to approve the Item F of the
Consent Calendar, with a second by Councilmember Tran to take no
action to the request by James Flournoy that Council rescind action taken
September 12, 2006 regarding issuance of a Certificate of Occupancy for
the Wal -Mart building. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, and Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
5. MATTERS FROM MAYOR & CITY COUNCIL
A. Mayor Pro Tem Nunez requests that staff research improvements to the I—
10 on and off ramps.
Councilmember Clark reported the City of Alhambra has a contract with
Caltrans to clean up their own freeway ramps and suggested Rosemead
do the same, as Caltrans cleans every three months.
Mayor Pro Tern Nunez requested the staff investigate the idea to duplicate
what Alhambra is doing and also research placing murals on the ramps.
CC -MIN 10 -10 -06
Page 7 of 11 ATTACHMENT A
Councilmember Tran asked if this would be considered a relinquishment
of that area by Caltrans or just an assumption of off -ramp maintenance.
City Manager Lazzaretto stated Caltrans sets up parameters of
maintenance and then the City takes over. The agreement would specify
landscaping material the City could use as well as cleaning and
maintenance of the ramps.
Councilmember Imperial pointed out that this issue was brought up before
and the City decided not to take over the responsibility at that time; he
urged caution prior to making a commitment.
City Manager Lazzaretto indicated staff will look into the Caltrans
agreement issue and clarified if the Council wanted to relinquish the
right of way at Rosemead Boulevard.
The Council responded no and Mayor Taylor asked a letter from the
County Sanitation District be copied to all the Councilmembers.
Mayor Taylor advocated caution about taking over a portion of the
highway as the City may be liable for waste water and chemical clean -up.
B. Nomination of Members to the San Gabriel Valley Council of
Governments 1 -10/1 -605 Interchange Task Force
The San Gabriel Valley Council of Governments (COG) has requested an
appointment of the City's delegate or alternate to participate in a newly
formed Task Force. The 10/605 Task Force will be a subcommittee of the
SGVCOG's Transportation Committee.
Recommendation: That the City Council nominates either
Councilmember Clark, who is the City's delegate, or Mayor Pro Tern
Nunez, who is the City's alternate. It should be noted that Mayor Pro Tern
Nunez has expressed interest in serving on this Task Force.
Councilmember Clark asked for clarification as to what the task force will
discuss. Mayor Pro Tern Nunez indicated the primary purpose is to
improve safety at the interchange.
Councilmember Tran made a motion to nominate Mayor Pro Tem Nunez
to serve on the 1- 10/1 -605 Interchange Task Force with a second by
Mayor Taylor. Vote resulted:
Yes:
Clark, Nunez, Taylor, and Tran
No:
Imperial
Absent:
None
Abstain:
None
CC -MIN 10 -10 -06
Page 8 of 11 ATTACHMENT A
6. MATTERS FROM CITY MANAGER & STAFF
A. Wal -Mart Construction Update
This report is in response to a request by Mayor Taylor for a status update
of the outstanding construction related items which are to be completed by
the contractor for the new Wal -Mart store building located at 1827 Walnut
Grove Avenue. There are items which are to be completed prior to the
issuance of the final certificate of occupancy for the garden center building
and release of Wal -Mart's letter of credit. The installation of a pedestrian
flashing beacon system along Rush Street is also provided for.
Recommendation: That the City Council receive and file this report.
Mayor Taylor inquired if staff felt certain items on the list were deemed
important and made a requirement, why weren't they completed?
Specifically he referenced a flashing beacon and a crossing guard.
City Manager Lazzaretto reminded the Council that at the September 7,
2005 Council meeting hearing on entitlement, Councilmembers suggested
that staff conduct a follow up traffic analysis at the project site after six
months of operation to determine if the traffic mitigation measures and the
assumptions in the traffic study were accurate.
Mayor Taylor asked where in the transcripts of the September 7, 2005
meeting it specified that a traffic analysis should occur prior to the
installation of a flashing beacon light.
Planning Director Johnson clarified that the transcripts do not specify the
analysis be conducted prior to an installation of a flashing beacon light,
rather, engineering staff felt would this course of action would make more
sense.
Mayor Taylor asked staff if a traffic light might be more appropriate versus
a traffic beacon.
Staff indicated a traffic light might be a better option which is why they
recommended a full traffic analysis after traffic has stabilized prior to
making changes.
Councilmember Imperial cautioned against waiting too long; in the past a
man was injured prior to installation of a traffic signal.
Councilmember Tran asked how long staff will wait until a traffic analysis
will be done.
CC -MIN 10 -10 -06
Page 9 of 11 ATTACHMENT A
City Engineer Rukavina indicated they would wait until the entire site is
developed including the two outlying parcels.
Mayor Taylor strongly disagreed with the timeline and asserted that the
traffic analysis should be conducted six months from the when Wal -Mart
opened. He referenced the minutes from September, 2005 which Council
mandated the 6 months from opening timeline.
Councilmember Tran proposed the Council direct staff to conduct the
traffic analysis 5 months from now.
Mayor Pro Tern Nunez pointed out the holiday traffic will be missed if the
study is conducted in March.
Councilmember Clark asserted that the study timeline won't rule out taking
traffic counts during the holidays.
Mayor Taylor reference the staff report submitted for the Wal -Mart punch
list and asked why issues have not been resolved. He specifically
referenced many of the Public Work items such as sidewalk construction.
City Engineer Rukavina replied that with the new store going in, staff
wanted the entire sidewalk to be brand new, not just patches of it to make
it uniform.
Based on the high price of sidewalk replacement and the fact that about
95% of the existing sidewalk is in acceptable condition, Mayor Taylor felt
the request was unfair to Wal -Mart.
Mayor Taylor also asked staff why other projects had not been completed.
Staff cited as reasons: lack of appropriate permits and contractor desire to
combine similar projects to save costs and time.
Mayor Taylor pointed out that Item 8 on the punch list had been crossed
out by mistake; the cat tracking had not been completed. He further
stated that we wanted to discuss the topic because the punch list items
were not being completed.
City Manager Lazzaretto acknowledged the projects need to be completed
and assured the council they would be done, but could not guarantee a
completion date.
Mayor Taylor requested a written report in two weeks outlining progress
made on the Wal -Mart punch list.
CC -MIN 10 -10 -06
Page 10 of 11 ATTACHMENT A
Mayor Taylor also requested a status report regarding a temporary
Certificate of Occupancy issued three months ago for China Bistro
Restaurant on Valley Blvd.
Mayor Taylor discussed a City information technology assessment
distributed to the Council. He inquired about the implied contract for on
going technology management and technical support referenced in the
report as it might lead to costs of $22,000 if exercised once a week.
City Manager Lazzaretto explained that the City Hall's computer network
has suffered from a lack of ongoing maintenance but that he will
investigate further before any long -term technology commitment.
B. Closed Session
The City Council will recess to a closed session pursuant to California
Government Code Section 54957.6.
Conference with Labor Negotiators
Agency designated representatives:
Andrew C. Lazzaretto, City Manager
Oliver Chi. Director of Administrative Services
Unrepresented employee:
Assistant City Manager
2. The City Council will recess to a closed session pursuant to California
Government Code Section 54956.9(b) because, based on existing
facts and circumstances, there is a significant exposure to litigation
against the City (two cases).
The Council recessed to a Closed Session at 10:10 pm. The Council
returned from the Closed Session at 11:35 pm; Assistant City Attorney
Rozell reported no reportable action was taken by the City Council.
7. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned
11:35 pm. The next regular meeting is scheduled for October 24, 2006 at 8:00 pm.
Respectfully submitted: APPROVED:
City Clerk
u: •C
CC -MIN 10 -10 -06
Page 11 of 11 ATTACHMENT A
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
SEPTEMBER 27, 2005
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Pro Tern Taylor.
The invocation was delivered by Councilwoman Clark.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor, and Mayor Imperial
Absent: None
APPROVAL OF MINUTES: JUNE 14, 2005 — REGULAR MEETING
Councilwoman Clark requested that the minutes of June 14, 2005 be deferred for corrections that she will
submit to the City Clerk and asked if Juan Nunez was here at the meeting?
Donald Wagner stated no.
Councilwoman Clark stated that the correction had to do with the statement that "we campaigned together
and broke legs." My comment was `oh I broke my own leg" not someone else's. What he was referring
to was while campaigning in 1986 or 1987, when we were fighting to save homes in Rosemead from the
threat of eminent domain; I was hit by a car and broke my leg. I wanted to clarify this in the minutes.
APPROVAL OF MINUTES: SEPTEMBER 13, 2005 - REGULAR MEETING
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN TRAN that the
Minutes of the Regular Meeting of the Rosemead City Council held on September 13, 2005, be approved
as submitted. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS: None
I. ORAL COMMUNICATIONS FROM THE AUDIENCE
CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Alejandro Gandara, suggested that Mr. Crowe talk to Gary Taylor and Jay Imperial to resign.
Mayor Pro Tern Taylor stated that there was no need for Mr. Crowe to talk to him.
Councilwoman Clark requested that Agenda Item V -A be moved to the front of the Agenda.
V -A CERTIFICATION OF SUFFICIENCY OF RECALL PETITIONS TO RECALL MAYOR
JAY IMPERIAL AND MAYOR PRO TEM GARY TAYLOR
The City Clerk read agenda Item V -A with recommendations.
John Brady - verbatim: "Good evening council. This is a very happy and a very sad occasion. Happy in
that prophecy of several years ago we made unless the council acted wisely there would be a recall. I was
the first person to mention that word and I'm here to say that I'm happy that the City Council is not going
to hear any choice except to demand a recall of Taylor Imperial. The people of this city are going to
speak. The wise thing and honorable thing to do would be for you to resign. If you do not the council
should not delay any further to make any more effort to try and delay this election. It should not go
through anymore of a sham process of the EIR or you will become a litigation matter again we promise
you your days and time are numbered. The people will speak, over one quarter of the registered voters
have said so. Demanding your removal and the people in the room, the people in the city of Rosemead are
going to see to it that removed from office. You do not listen and therefore have disqualified yourself by
being dishonorable and finding yourselves unfit to serve."
Mayor: Steven Ly
Steven Ly, 3040 Rosemead Place- verbatim: "Thank you Mr. Imperial. Okay I last came to council about
6 weeks ago decrying the state of the City. And you know what? It continues. All I have to say is that the
recall petition, the recall drive has shown us nothing except for the fact that there is corruption among
those who made people sign those petitions. (Audience interrupted) I ask you again please give me my
right to speak. Did I yell out when you two spoke. No I did not. Now I ask you to give me the same
respect.
Mayor: That's a contrary.
Audience: not when you call us corrupt.
Mr. Steven Ly- verbatim "Mr. Mayor and City Council. I ask you not to certify this petition because of
the tactics that were used. That where implemented when people were going to get the signature. I wanted
to share with the council and it's on record that certain people went to my house and got my mom to sign
it under false pretense. I found out that's not just in the Asian community. But it also happened in the
Spanish community. As many Spanish people, as many Latinos and Chinese were told that the petition
they signed were to clean up the park. Give me a break. That's a lie. You know for a fact that what the
petitions were about. You know what they were targeted towards. They were targeted towards Jay
Imperial and Gary Taylor. They were not ... Let's not even go into how unnecessary that this recall was to
begin with. The fact is you lied, when it came to getting people to sign those petition. You lied in the way
you went about this process. You forget that even though.. ?. disqualified 127 were disqualified from your
CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
petition, because you tied. The fact is 25% of people might have signed it. And 25% of you might have
submitted that. But let's be honest. You know for a fact that 25% of people do not support this. The fact
of the matter is Jay and Gary have our support. Jay and Gary have served the city well for over 30 years.
Together they have served for over sixty years. Under their kind of good work for the city. And you dare
come up here, you dare come to my house and tell me that what you are doing is right. You're wrong.
Thank you."
Mayor: Fred Herrera.
Mr. Fred Herrera- verbatim: My name is Fred Herrera 3879- Delta. Steven stole my thunder. I was going
to say the same thing. You two guys have served the city well for many years and I hope to god continue
to do that. If the recall process were for corruption or incompetence which neither of you have
demonstrated. You've always acted in the best interest of the city and not for NIMBY's interest. The
recall process in my opinion was a sham. I believe the information was provided for those people to sign
the petition was erroneous and misleading. And there was a hundred + twenty five peopled that requested
their name to be removed. This petition, this recall is as worthless as the people behind their movement. If
there is anything you can do to question the validity or tactics. I strongly suggest you do it because the
people who signed this petition were misinformed and used in order to complete the agenda of stopping
Wal -Mart that the only thing you guys have done to effect these people is support of the project to bring
jobs and money to our community. That's the only sin you have committed. That is not grounds for a
recall. The people behind the petition are self serving NIMBY's. They just don't want it in their
neighborhood. Period. And they are willing to sacrifice two loyal people who have worked for us for
years, in order to achieve their self - serving agenda there's probably nothing you can do to stop it, I
presume. It just really pissed me off that it's happening in city. Lack of respect. Thank you.
Mayor: Thank you Fred.
City Attorney: I believe that is all the speaker requests
Mayor: We have one more: you want to speak
Linda Kilpatrick- verbatim: My name is Linda Kilpatrick, I also want to endorse Mr. Imperial and Mr.
Taylor, because I have lived here for 32 years and you have run our city well. You care about our City.
And not to forget included Margaret Clark, because all of you have tried so hard to make Rosemead grow
and be a whole Rosemead and I personally the times I have come to City Hall with problems it has been
taken care of with care. The recall election Mr. Tran is going to cost over $100,000 dollars. You were
quoted in the newspaper, I'm sorry I don't have it with me. But to paraphrase that you want to save the
City money by asking Mr. Imperial and Mr. Taylor to have enough clan to step down. Well, serves you.
Because you are so arrogant, you are so arrogant and so young that you don't know what you're asking.
You don't know. You keep opening your mouth and saying things like. Let's buy Rsmd BI. Because it
have pot hole's you say you want your own office so you can entertain your Asian constituents.
Audience: interrupted
Mayor: Let's keep it down.
3 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Audience: you shut up.
Mayor: you shut up and let her speak like we let you speak.
Councilman Tran asked Ms. Kilpatrick where the quote came from?
Ms. Kilpatrick stated that she was paraphrasing.
Councilman Tran- verbatim: "You quoted that I want to entertain Asian constituents. I was just curious
where the quote came from. I challenge you to give me that quote."
Ms. Kilpatrick- verbatim: "Challenge all you want it's out on the street. I'm sorry. I'm just sorry Mr. Tran
that I voted for you." .
Mayor- verbatim: "Rosemarie Gonzales, Do you want to speak on the item. Rosemarie Gonzales."
Rosemarie Gonzalez- verbatim: "My name is Rosemarie Gonzales, I'm a resident of Rsmd. I'm here to
talk in favor of the recall. A lot of people say this is corruption. I'm not corrupted. I know what you have
done here and you've done nothing. You just go down Valley BI. you see the trash. You go down
Rosemead Bl. you see trash, trash everywhere and that's not a lie. The other thing is. What you didn't
listen to us. We went before the board over at Rosemead High School. You didn't listen to us. No one has
paid me anything. I walked going up and down the streets getting signatures and I didn't lie to anybody.
Many of us. worked very hard to try to do the right thing. But you didn't listen to us. You didn't take our
heat. There are three schools around there. There's convalescent homes. Yes some of it is because of the
Wal -Mart. But you didn't listen to us at all. When we said no. And we still mean no. You have to take
into consideration the children. That are going to school around there. You have to give consideration to
the elderly that live down by. I'm a retired teacher but I still have to continue to work because I don't
make enough. I have to supplement my income and I'm here to speak for the residents of Rosemead. No,
no one lied to no one and if you worked or you took your name off, fine. But the recall goes on and you
should leave. Both of you should leave or resign now. No one calls me a liar, a cheat, or a thief because I
work much too hard to tell the truth. I work much too hard to teach my students to be truthful to be
dedicated to their community. To work here but how can 1, the streets are so filthy! You dig up, there's
pot holes all over the area. What do we have? Strip mall, strip mall, strip mall, okay but they are meeting
the peoples needs. Why do we need a big company like Wal -Mart so they can steal from them, so they
don't pay them the wages they deserve. So they can pollute the air with all the traffic that's going to be
coming in. Many of us are not healthy. And many of us suffer from pulmonary, asthma and things like
that and more smog and more pollution is going to help the matter. And I will tell you if you think we
corrupted you and we lied to you then you weren't really listening because we didn't try to deceive
anybody we just want to do the right thing. That Mr. Imperial and Mr. Taylor didn't do. Thank you for
letting me talk."
City Attorney: Mr. Taylor there are no further speakers request cards on this item, so you would be ready
for a motion.
4 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor: Okay.
Councilman Nunez ?.. Move for approval (Item 5A)
Mayor: Is there a second
Mayor Pro Tern Taylor: Second.
Mayor: Would you vote ( 5.0 )
MOTION BY COUNCILMAN TRAN, SECOND BY MAYOR PRO TEM TAYLOR that the
Rosemead City Council approve V -A, Certification of Sufficiency of Recall Petitions to Recall Mayor Jay
Imperial and Mayor Pro Tern Gary Taylor. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
II. PUBLIC HEARING
A. PUBLIC HEARING TO CONSIDER RECOMMENDED EXPENDITURES
OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDS
Mayor- verbatim: "Now we will go into the public hearing. Public hearing to considered recommended
expenditures of citizens paying for public safety cops program."
Mr. Crowe -City Manager- verbatim: "Yes Mayor and council in 1996 the legislature approved 100 million
dollars of additional funding for local police services and in 2002 the program was renewed and extended.
This is for front line law enforcement."
The Mayor opened the Public Hearing for those in the audience wishing to speak for or against this item.
There being no one wishing to speak, the Mayor closed the Public Hearing.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the
Rosemead City Council approve the appropriation of Citizen's Option for Public Safety (COPS) Funds.
Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
The Mayor declared said motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 2005 -30 — CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2005 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $972,124.55 NUMBERED 50446
THROUGH 50626.
MOTION BY COUNCILMAN NUNEZ, SECOND BY COUNCILMAN TRAN that the Rosemead
City Council adopt Resolution No. 2005 -30. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
III. CONSENT CALENDAR
The City Attorney stated that there were requests to speak on Agenda Items CC -A, CC -B, CC -C and CC-
E.
CC -D RESULTS OF BID OPENING FOR THE RESTORATION OF THE ROSEMEAD
AND GARVEY POOL BUILDINGS
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the
Rosemead City Council approve CC -D on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -A RESOLUTION NO. 2005 -31 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD APPROVING SUPPLEMENTAL AGREEMENT TO
6 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
006 -M TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-
5358
Jim Flournoy, stated that he was here to give information on this subject. He stated that he was at the Los
Angeles County Public Works office to review a design bridge on Beverly Boulevard over the Rio Hondo
River, which is a similar bridge as we have. He stated that this was a City of Montebello /Pico Rivera
project, and that the data for earthquake magnitude was wrong. He urges Geotech to review City's bridge
so won't go out to bid under structural. Caltrans has not updated this area fault since 1996.
Councilwoman Clark asked if it was a private contractor or Caltrans who made the mistake?
Jim Flournoy stated that it was the Department of Public Works, because they were the contractor.
Councilwoman Clark asked who determines structure for human occupancy?
Jim Flournoy stated it was the State who determines occupancy and use.
Councilwoman Clark requested the City Engineer to look into Mr. Flournoy's concerns and set up a
meeting.
City Manager Crowe stated that there are no problems to be corrected and we had a 3` party engineer
who looked into this.
City Engineer Rukavina stated that a 3` party engineer had reviewed the Geotech technical report and had
it certified 4 weeks ago. Acceptable forces are being used in design.
Councilman Nunez wanted to clarify the voting, weather they were going to change anything or that they
were just having a meeting to look at the gentleman's concern.
Mayor Imperial stated that a meeting would be scheduled.
MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM TAYLOR that the
Rosemead City Council adopt Resolution No. 2005 -31. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -B INSTALLATION OF LEFT TURN SIGNAL PHASING ON DEL MAR AVENUE
AT GRAVES AVENUE
7 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Elizabeth Silva, Principal of Williams School, urge to vote in favor. She stated that there were a lot of
cars speeding through there. She stated that when there was no crossing guard that she would have to do
it and that the cars were speeding and that she has almost gotten hit.
Mayor Imperial stated that if a crossing guard does not show up what is her action?
Ms. Silva stated that she would call City Hall immediately. Last year she was out there.12 times and
witnessed a number of accidents, u -turns and speeding. She stated that this was the worst street she has
seen in 23 years.
Mayor Imperial stated that the next time don't go out there, but call him.
Ms. Silva stated that she has had a good response from Milan.
Mayor: Virginia Peterson.
Ms Peterson- Superintendent, Garvey School District- verbatim: "My name is Virginia Peterson and I am
Superintendent of Garvey School District. Liz said everything that I wanted to say. And she said it very
well. We are very concerned about the safety of the children in front of the Williams school. We've had
so many near misses of children, and parents walking their children to school and the crossing guard as
well, I can't tell you how many reports that I've heard over the years also everytime that the motorcycle
officer were there Lt. Wallace stops by to tell me how many tickets that they have given. Ten's and ten's
+ ten's of tickets of tickets that they have given for speeding in that area. It's very dangerous. So I too
urge you to support the traffic signal at the Highcliff and the left turn arrow at Gravea - - -- -for the safety of
our children. Thank you."
Mayor: You are welcome.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN NUNEZ that the
Rosemead City Council approve CC-13 on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -C INSTALLATION OF A TRAFFIC SIGNAL AT DEL MAR AVENUE AT
HIGHCLIFF AVENUE
Councilman Tran- verbatim: "I have comments on this. My comment is to thank councilman Nunez for
bringing this to the forefront? "
CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Councilwoman Clark I have a question. In the event that there are no cars coming from Highcliff and in
the summer if there is no school on Does the signal ... is it triggered by pedestrian and , or car, or is it
automatically going too...
Mr. Rukavina -City Engineer- verbatim: It will be actuated by a pressing button
Councilman Clark: So it won't...
Mr. Rukavina: It won't just be green and turn red. It won't turn red. If there's not a car on Highcliff it
won't just turn red without a car being there.
Mayor: There's a motion on this floor and a second, would you note please.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN NUNEZ that the
Rosemead City Council approve CC -C on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -E CONSIDERATION OF REQUEST FROM CONSOLIDATED DISPOSAL
SERVICES (CDS) FOR ANNUAL COST OF LIVING ADJUSTMENT OF
RESIDENTIAL AND COMMERCIAL REFUSE RATES
Mayor: We have a speaker. Dolly Leong
Dolly Leong- verbatim: "Good Evening Mr. Mayor, council members, My name is Dolly Leong, residing
at 8455 Mission Dr. Rosemead. I spoke before you a couple of weeks ago at City Council regarding
Consolidated Disposal sending a $20 dollars of y credit more? And they confirmed to staff, Mr. Don
Wagner there was no lien. That they did say nothing? Or that they release it from my? Credit? The pint I
wonder to tell you that surprisingly that there was a credit of $ 20 dollars that was due to my son. And
$19.84 cents was credited to another occupant. And you heard before you Barbara Murphy and all the
trash was not collected by Consolidated Disposal many many times. She spoke before the council. And
also I thank Ms.? Also said that? I'm sure Mayor Pro Tem Taylor said this is the first time he heard about
this, no lien was sent to the collection agency and refinancing up to several hundred thousand dollars on
30 years. With a high interest note. You can't imagine how much damages financially. There has
repeatedly been called and wrote to the city. I mean the president of Consolidate Disposal. All of you
have gotten a copy of it. My question before you today is that on the Consolidated Disposal request for a
living adjustment raise that I cannot see... If I may when is the bid to select another trash. I mean disposal
company. Is there, the second question is. Is there a subsidy of the city? To Consolidated Disposal. I have
not received a release of that $20 dollar for my credit report yet. I want to thank this council and staff for
helping me on that.
CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor Pro Tent Taylor- verbatim: "Mrs. Leong, Did staff follow through with what you had requested ?"
Ms.Dolly Leong- verbatim: "I believe that Mr. Donald Wagner assist manager told me they had release it.
Mayor Pro Tern Taylor- verbatim: "Excuse me, Who released it ?"
Ms. Dolly Leong- verbatim: "Consolidated Disposal. When we? $20 dollars sent to the collection agency
from my credit report. I have not received that release as of yet. The damage was done. It was since
November of last year 2004, up to now we could not wait for the credit score. I mean for the interest rate t
go up or down. This was like several months, for them, pleading with them please release this, and they
did not. Even president of Consolidated Disposal did not cooperate with resident."
Mayor Imperial- verbatim: "Dolly, lets get an answer right now, Mr. Richard. Mr. Fierro. Is in charge of
what we are talking about right now. Can you answer that."
Richard Fierro, CDS- verbatim: "Good Evening Mr. Mayor and member of the council. Mr. Wagner did
call me approximately two weeks ago maybe 8 wks ago at different times concerning that problem
we ... that this lady had with payment. The last time we discussed I was able to talk to run credit manger.
The 20 dollars that was placed; a lien was removed by us with the credit agency. I was informed that
normally the process even though we say please remove this 20 dollar lien you know it takes a little bit of
time. If there is any money due will honor whatever amount it is."
Mayor Pro Tern Taylor- verbatim: "Did you say you released the lien that was on it."
Mr. Fierro: Yes sir, we did.
Mayor Pro Tent Taylor asked if it was Consolidated that put it on.?
Mr. Fierro: Yes sir. It was. What happen is that In case I'm off base, please correct me she owns a number
of properties within the city and a number of the properties were late in payment and there was an
assessment to those payment. And when it was paid there was already an assessment applied to the late
charges. At the city's request we removed those late charges from her report so as long as it's owns we
made that correction not saying that we were wrong or she was wrong. But we just said remove these late
charges from her credit report. And we submitted that to the credit agency.
Mayor Pro Tern Taylor: when was that?
Mr. Fierro- verbatim: `9 cannot give you and exact date. But I'm thinking maybe 2 or 3 wks ago."
Councilman Tran: when was your request to have that lien removed.
10 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Ms. Dolly Leong - verbatim: "I want to clarify that Mr. Wagner there was no lien on my property. It was
sent to a collection agency. No lien that why I did not know Mr. Wagner inform the whole city council
that Dolly always paid her bill. If it was late I paid late charges on that. There was no lien and no notice
that I owe that money. What is surprising is that there was a $19.84 cents that was due to my son was
credited to another occupant at 8453 Mission Dr. That is why the credit is due to me my son is the same.
Why the $20 was sent to the collection agency without being sent to me. Mr. Wagner you said Dolly
always paid the bill.
Mayor- verbatim: "Is that the one on Ralph St. you don't own that anymore ?"
Ms. Dolly Leong- verbatim: "Which one"
Mayor- verbatim: "Ralph St."
Ms. Dolly Leong- verbatim: "Yes I do, Now it's shifted to Ralph St. this is not true. It is 8453 Mission
Dr."
Mayor- verbatim: "that happened one time before."
Ms. Dolly Leong- verbatim: "We do not owns 8453 Mission Dr. We informed the office in Nov. of 2004.
It is still sending it that I owe? Dollars on that property. That was like 7 or 8 months ago. And you hear
Ms. Barbara Murphy inform this council that disposal? That staff is very needs. They make us wait ten
minutes on the phone. Not knowing who is? That inform me? My son."
Mr. Fierro- verbatim: "Mr. Mayor: I will go back to the office first thing in morning I will communicate
with Mr. Wagner that we have the right address on file and make whatever corrections need to be made."
Mayor- verbatim: "And you communicate with me in case Dolly called"
Councilman Clark- verbatim: "I have a question, so Dolly do you owe 20 dollars."
Ms. Dolly Leong- verbatim: "I do not owe 20 dollars. I had late fee in tine. They sent it to the collection
agency for 20 dollar without any lien."
Councilman Clark- verbatim: "the 19 dollars to your son was that another property
was that a different..."
Ms. Dolly Leong- verbatim: "another occupant."
Councilman Clark- verbatim: "that is a different property."
Ms. Dolly Leong- verbatim: "Yes, 8453 Mission Dr. Same property. ( ?)"
11 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B .
Councilwoman Clark- verbatim: "Now my question now is the council gets a list of all the lien on the
properties. Maybe a couple of months ago. Was this listed on that chart?"
Mr. Donald Wagner- Assistant City Manager- verbatim: "No, that's why when this was brought up at a
council in the next. 1 called Richard on it. I had a question about it too. Because she wasn't on the lien
list."
Councilman Clark- verbatim: "So how did it get as a lien. Was that a mistake."
Mr. Fierro- verbatim: "I think I misspoke when I said it was a lien, it wasn't on a lien list, it was on a
delinquency for not making actual payment. It was not on the lien list."
Councilman Clark- verbatim: "What's the difference."
Mr. Fierro- verbatim: "Well you can be delinquent say month or two and they pay. If you don't pay the
whole year then it goes on the delinquents list."
Councilman Clark- verbatim: "So that was a 20 dollar delinquent charge"
Mr. Fierro- verbatim: "Yes, that is right"
Mayor Pro Tern Taylor- verbatim: "Mr. Mayor, what is a little bit confusing is Ms. Leong is saying it was
a 20 dollar refund as an overpayment. And I'm hearing the other side of the coin, and it was a 20 dollar
delinquency. There's two different things here."
Mr. Fierro- verbatim: "And that night councilman Taylor. Indeed so go back and check. It was my
understanding that it was just a 20 dollar charge. That the credit agency was charged Ms. Leong. We went
back and said do not charge her 20 dollars."
Mayor Pro Tern Taylor- verbatim: "No, you said a credit back to her. She was owed twenty dollars."
Mr. Fierro- verbatim: "She was owed 20 dollars we need to pay her back 20 dollars. It was my
understanding that it wasn't a money due to her. But they were going to charge her that $20 dollars and
we were going to remove that charge."
Mayor Pro Tern Taylor- verbatim: "Okay!"
Mayor- verbatim: "I can remember this happened once before on Ralph St. and you might want to look at
the way that's listed. It seems like..."
Mr. Fierro- verbatim: "I know that there's a number of properties and I want to make sure that we have
the correct numbers and I'll have my staff and myself work to make sure that we have the right address.
And again I apologize for inconsistence."
Mayor- verbatim: "is that all Dolly. Thank you Richard."
12 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mr. Fierro- verbatim: "Thank you Mr. Mayor."
Ms Dolly Leong- verbatim: "Thank you very much."
Mayor- verbatim: "Motion and a second."
Mayor Pro Tern Taylor- verbatim: "Move. I'll make the motion (Item 5B)"
Mayor- verbatim: "Is there a second."
Councilwoman Clark- verbatim: "I'll second it."
Mayor- verbatim: "Okay any questions."
Councilman Tran- verbatim: I have a question. Is this contract also an extension of the current contract.
And is it still considered and Evergreen contract, or vote on it every yr.
Mayor Pro Tern Taylor- verbatim: "Mr Mayor if I might may. John this is raising it from 12 dollars to
12.44 cents. This is their allowed increase. The other item is down at the bottom of the page."
Councilman Tran- verbatim: "is that all Gary."
Mayor- verbatim: "A motion and a second. Vote please."
Councilman Tran- verbatim: "the question was brought up by Ms. Leong is it still considered an
Evergreen contract ....7
City Attorney Kress- verbatim: "This is currently an Evergreen contract with five year notice provision.
Every year that the council does not give consolidated notice it's intent to discontinue the contract on a
five year basis and another year is added. So each year that is completed it stays in a constant five year
notice."
Councilman Tran- verbatim: "is that in April or May or ?"
Donald Wagner- verbatim: "I think it is August 1 51 '
Councilman Tran- verbatim: "So next Aug 1 st it will roll over for another 5 years."
Mr. Donald Wagner- verbatim: "Yes sir."
Mayor- verbatim: "Vote Please."
Mayor- verbatim: "It ran seven. Matters from officials."
Mayor Pro Tem Taylor, Mr. Mayor, John this is to raise it from $12.00 to $12.44.
13 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Councilman Tran asked the question that was brought up by Ms. Leong. Are we going out to bid for this?
Mayor Pro Tern Taylor stated that there was corrections to evergreen contract and asked if it can be
brought back?
City Manager Crowe- verbatim: "What we would like to do there are several councilmembers who asked
questions about 5B which is consideration of the third amendment to the consolidated contract. We're
going to ask that you allow us to pull that off and represent it to you at your next council meeting. And we
can discuss the options in greater detail. This is your third amendment. Currently is considered to be
Evergreen. And you would have to pull the trigger to and that contract if you want to you can do that at
your next meeting if that's what you want."
Mayor: Pull the trigger.
Mayor Pro Tem Taylor- verbatim: "No, I mean as far I wanted to clarify that when I was speaking to Mr.
Tran. This item is the one that we were talking about the ... it's not the annual 3.7% that they are entitled to.
This is the amendment to the contract."
Mr. Crowe- verbatim: "yes'
Councilman Clark: Mr. Mayor.
Councilman Nunez- verbatim: "I first want to ask a question of the City Manager. I through the direction
was to have a study session."
Mr. Crowe- verbatim: "I would be more than happy to have it setup as a study session at the next council
meeting if that's do able at six o'clock. If that works."
Councilwoman Clark- verbatim: "Mr. Mayor, I would like to give it some input for the benefit of the
audience. Because there has been a lot of concern about trash. We heard some of it tonight. And we seen
a lot of signs clean up Rosemead. I would like to throw out some ideas and be able to get feedback now
and between that study session so that the residents with what we finally decide. Because there are several
options that we can do and I would like the people to know what are we discussing now so that they can
mail it over and say that would work and that wouldn't work I'm willing to pay a little more for this I'm
not willing to pay and so what I want to get input on one of the proposals here. The trash day bulky item
rather than having it be the four times a year that we have now every quarter. And we... that isn't working
because every single week we get in our staff reports the list that a couch on such and such street. A
refrigerator and whatever. Because people don't understand it or don't want to abide by it, but the
proposal that you would call in when you want something picked up I think is not workable. And the idea
of 4 time pick -ups per year and you get 5 items per pick -up I can't imagine how people would be able to
keep trash. What if you wanted to put out the first four weeks in January or clean out your yard and you
want to put out 5 items every week. Then you have to remember for the rest of the year that you can't put
out anything without being charged. I just think it is an accounting nightmare for the trash people that are
picking it up. And personally my preference right now, and I can change my mind is to have you be able
14 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
to put out anything that you want at any time. I believe that is how the City of Temple City. You live in
Temple City. Right Don"
Mr. Wagner- verbatim: "that's correct and still in Temple City whatever I put out they pick up, now on
our discussion with Richard Fierro. Even if we had the item .......anytime bulky item you would still have
to, correct me if I'm wrong Richard. You would still have to call ahead and say I have a bulky item. I
have three bulky items on my trash day. Just so they would know how many trucks to send out."
Councilman Clark- verbatim: "The problem with that is that people aren't going to call and we are still
going to have the couch out there that's going to sit there until somebody else calls on it. And that's what
we have right now. One of the problems that Ms. Murphy has brought up. You know. And we have got to
solve it."
Mr. Wagner- verbatim: "Okay then we will look at that option. As for as the E -waste for the benefit of
the audience who don't know is the television and computer. Now you cannot even put out a television
that has a catode ray tube that has toxic stuff in it. But you have to call , this is something that I was
thinking about today. You know we have this thing, the ultimate, the best thing is to reduce and then you
have recyclable. And then you have, new recycle, what is it Bob? I forget what the 3rd one is. The best
thing is for someone else to use it. Now often I will put things out on anything given day. And I'm
delighted when they are gone because that means that some body else is using it. It is not going to the
dump. It's being used by somebody else and so what could happen if you always have to call in is I could
say I have a computer on the street and the right day it's gone because somebody wanted it. Somebody
took it for either tearing it apart. Or getting some of the metals out. Or there going to use it at their school.
So that's the best use when somebody uses something again."
Mayor- verbatim: "Maggie, Mr. Nunez wants to say something'
Councilman Nunez- verbatim: "No. I just want, I thought those questions would be asked at a study
session."
Councilwoman Clark- verbatim: "But the public in not going to all show up at 6 o'clock on a study. I
would rather..."
Councilman Nunez- verbatim: "We can have our study session out here at 7? O'clock? We have more
room than in the other room."
Councilman Clark- verbatim: "That's great we are not deciding tonight. But there's so much passion out
there."
Councilman Nunez- verbatim: "We're not going to decide on the next board mtg either. This isjust going
to be a study session."
Councilman Clark- verbatim: "Why do you have a problem with me just giving some ideas out there
John. I want people to think about it and say I like that I don't like that. That's what we are here for to get
input."
15 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Councilman Nunez- verbatim: "I just think that you get a lot of interjection in a study session between
council members. That's when it works out better."
Councilman Clark- verbatim: "I'm not opposed to a study session the only reason I'm bringing this up is I
want our trash hauler to think about the concern 1 want the people to think about it and be willing to pay
and what they wouldn't be willing to pay. What the benefits are and what draw backs are, I've been
involve with solid waste issued for... How long have we been involved Bob? Bob Bruesch, it's probably
been 14 years. What ?"
Mr. Bob Bruesch- verbatim: "Two hundred years"
Councilman Clark- verbatim: "So there are important issues that I want people to be thinking about. So
that if we do have an increase in the rates you know what we are getting and why."
Councilman Clark- verbatim: "Richard would like to say something"
Mayor- verbatim: "Would you state your name again, please"
Mr. Fierro- verbatim: "Mr. Mayor and members of this council R. Fierro of Consolidated Disposal
Service. I like the idea of a study session the more people involved I think the better it will be. I just want
to give you an idea of what other cities do. Other cities it is 4 time a year. It's 4 -5 pick ups per customer
per residence. When you call..."
Councilman Clark- verbatim: "you mean 4 or 5 items"
Mr. Fierro- verbatim: "Four or five items. I'm sorry. The bulky item program is meant for one thing and
one thing only. It's to help the resident get rid of a couch, a refrigerator, a washer and a dryer, because
they bought a new one they bought a new television set. It is meant to help the dispose of and get those
items recycled. It is not meant for a person that is working out of a house on refrigerators, so that every
week somebody is putting out 2 or 3 refrigerators or washers or dryers. Which happens. They have an
illegal work shop there. If a person is going to clean out their back yard, or clean out the garage we have a
service of having roll off for 3 yard bins for that particular purpose. So they can dump everything at one
time. When we do pickup, and this is just for information and I'm not going to take a lot of time. You
pick up the goods at curb side they are recycled. I want you to know that. One of the problems we have in
Rosemead are illegal E -waste being dumped on the streets. Because there is a cost now to dispose of and
get those E -waste recycled. We're offering to the city that we pick them up. We cannot pick them up with
the same truck. We have to pick them up in a separate truck, because they cannot be compacted. So that
means a different truck and another driver to pick up the E -waste in front of the house or the alley. Where
ever it's at. If somebody calls and says there is a computer sitting out in front of my house I didn't put it
there. We don't care. We just need the address so we can pick it up. But we do have to report an address
to the state. A lot of people think that 4 pick up a year, 5 items per pick up is not enough, it's 20 items per
year. It's more than enough, all of our cities, it will be the most. Continued: That we have in any one of
our cities. Any other city. There are a lot of other cities that only have one pick up a year. What I want to
do I `11 give you the information that you need. If there is a program out there that we will say pick up
everything out on the street. But we have to buy the vehicles we have tp pay the car, so there is a cost to
it. But we will pick everything within 24 hours of the day called in, or that same day if we get called in
16 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
early enough throughout the daytime. One thing I would like to say is because of the problem with the
bulky items that we have been having. I would like to start the bulky items program in the next couple of
weeks with your permission. Which means we will put out some notices in the newspaper letting people
now about at the end of the month we will no longer have the quarterly pick ups as were scheduled to be
at the end of October. But we will implement the bulky item pick up probably the same week of the City
Council meeting or the week before. To start getting people used to disposing of their bulky items on a
weekly basis on that collection day. And we will continue with multiple notifications in the 4 or 5
newspapers that service the community. And also the Rosemead Chamber Community letter to let the
people know that they no longer need to wait for the quarter to get rid of their bulky items. Just sit it out
for curb side service. We do prefer that you give us a call.
Mayor- verbatim: "Make sure that they check Dolly's question ?"
Mr. Fierro- verbatim: "Yes, sir."
Councilman Tran stated that he would like to hold off any change until study session.
Councilman Taylor- verbatim: "Mr. Mayor, I would be opposed to starting that bulk pick up item until we
get it straightened out in the contract. The reason for that is we get 2 pages every week of items that need .
to be picked up. And I'm going to estimate there maybe 35 per row. 140... (per week)."
Mr. Fierro- verbatim: "that's why I want to start it now. So we can eliminate that."
Mayor Pro Tern Taylor- verbatim: "Well that's the tricky part. Once you start it you think we've got a
contract. But what is happening now with those 140 items theoretically that are supposed to be picked
up."
Mr. Fierro- verbatim: "We pick them up."
Mayor Pro Tem Taylor- verbatim: "And who pays for that ?"
Mr. Fierro- verbatim: "We do."
Mayor Pro Tern Taylor- verbatim: "You pay for that."
Mr. Fierro- verbatim: "Yes sir."
Mayor Pro Tern Taylor- verbatim: "Now..."
Mr Fierro- verbatim: "Of the last six months or four months that I checked there were 685 bulky items
that the City called us to pick up. Of those 685 -125 of those we were able to charge back to the customer
that lived there."
Mayor Pro Tern Taylor- verbatim: "How do you charge that back to them ?"
17 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mr. Fierro- verbatim: "We have an address that the t.v. set or refrigerator came from, 122 Main Street.
And on their next billing there was a charge for that bulky item and the people paid it."
Mayor Pro Tern Taylor- verbatim: "Well most of these items are out on the curb. They are setting in front
of a house which I'm assuming, you haveito assume that it came form that house. So we get a hundred
and forty (140) of these a week, and you mentioned that you billed some of these homeowners, why don't
you bill all of them. 140 that you pick up from ?"
Mr. Fierro- verbatim: "We could not find an address that went with it because it is neither on the curb, on
the street, or alley. We could not find it, and we couldn't really justify it."
Mayor Pro Tern Taylor- verbatim: "Well we have an address on everyone that is picked up of 140
names."
Mr. Fierro- verbatim: "But the people deny that it is theirs. And we are just not going to go back and
forth. What were offering is no charge to the city, no charge to the resident. On collection day we will
pick up the bulky items -just call Consolidated. It is not going to be above the 12.44 that would ..."
Mayor Pro Tern Taylor- verbatim: "but it becomes 62c for every residence in the city "
Mr. Fierro- verbatim: "That's another program councilman"
Councilman Tran- verbatim: "1 would also agree that, that I would also like to hold off on the change on
the bulky item. Do to the fact we are going to have a study session. Maybe we can..."
Mr Fierro- verbatim: "If that is your wish, then that is what I will do, I just saying because we know, Mr.
Warner and myself it become a nightmare for us. The last 2 years. But if that is your wish. Then we'll just
have one more month to work out."
Councilman Tran- verbatim: "That will be setting precedent as for as having people getting use to it."
Mr. Fierro- verbatim: "Right and we want the people to get used to it because, one of the programs if you
will allow me one minute. One of the programs is a no charge to the residents. We will pick up bulky
items on collection day (What single? or any collection day being identified ?) That's a another program
which is a charge and we will pick up any bulky item within the city when it is called by a resident or
public works. An example if we are on Tuesday route and we're picking up from the homes on Tuesday
route, when there is a couch setting on Thursday's route. We would normally have to wait until
Thursday's route to pick it up that same Tuesday (how ?) You no longer have to wait. You no longer have
to have it sit for a week, we will pick it up` when we get the call. That's the extra charge because when
we're no longer on a particular route we have to pull off that route to go pick up those items. Whether it
be a couch or mattress. It is not necessarily a residence in Rosemead, it may be somebody driving by,
maybe people from the apartments that moved out and dumped all their stuff on the street. We're not
asking any questions. We will pick it up. We need to get paid for it. We need to buy additional vehicles
for it."
18 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor Pro Tem Taylor- verbatim: "We still need to get it cleared up, because you're saying that they can
put out trash, bulky items every week, and you have in here 11,444 same number like that of units. Now
we've got to have those 11,000 people understand that you can't put it out every week at every house,
because how do we tell them, you have to call every time. How do we resolve that. We're going to have
10 times as much bulky items because people will think, boy we got a good deal here, and then, then all
of a sudden we've got hundreds if not thousands of bulky items by the end of the month. From there
11,000 homes that are picked up, 4 times. That's 45,000. ( a month)"
Mr. Fierro- verbatim: "That's why we want to put it in the newspaper, but again. I would head to your
suggestion and wait because? It's tough enough to have."
Mayor Pro Tem Taylor- verbatim: "Here's stickler on this, I want to read their sentence to you. " the cost
of picking up the abandoned bulky items would be covered by CDS up to an annual amount or cost of
$1,000 dollars." you take $1,000 and divide that by 12 months, that is 88 dollars a month. You take 88
dollars and you divide that by 4. That is 22 dollars a week. That is one and a half bulky item that can be
picked up. And we just talked about 11,400 people. And we are only allowed 1.5 pickups. Then you start
charging the city, how much. $17 dollars for each one.
Mr. Fierro- verbatim: "Yes"
Mayor Pro Tem Taylor- verbatim: "Now just put that in (perspective) what happened to the 45,000
people"
Mr. Fierro- verbatim: "That's why we have the second option of the 62 cents per resident. And it gets paid
by all residents and all bulky items are picked up"
Mayor Pro Tem Taylor- verbatim: `Vow youjust brought that back into the picture. When I brought that
up a while ago, I was told, no that's another program."
Mr. Fierro- verbatim: "Let me go back, we're trying to rush this thing okay."
Mayor Pro Tem Taylor- verbatim: "That's why we are going to have a study session. And I don't want
you to start picking them up (bulky items)."
Councilman Clark- verbatim: "I want to hear it."
Mr. Fierro- verbatim: "Right now, what you approve today if you allow me I can start to have the bulk
items picked up in 2 weeks."
Mayor Pro Tem Taylor- verbatim: "And I don't want that."
Mr. Fierro- verbatim: "Okay"
19 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor Pro Tent Taylor- verbatim: "Because we don't have it actually, logistically figured out how it is
going to be. There's thousands of pieces that are going to be out there. These 11,000 residents are going to
be thoroughly confused when they can put it out and they have to make a call it's just not down pat yet."
Mr. Fierro- verbatim: "I understand, and that was one of my suggestions that staff, anyway we will wait
until the study session. And I will work with you, and come prepare. If you would, if it is possible if you
work with the City Manager and get all you questions so that I can field them and when I came to the
study session prepare to answer those questions"
Mayor Pro Tem Taylor- verbatim: "Thank You."
Councilman Clark- verbatim: "I personally would like, oh, I'm sorry"
Mr. Alejandro Gandara- verbatim: "Can the audience speak."
Councilman Clark- verbatim: "I would like to have the audience speak"
Mr. Gandara- verbatim: "I hate to add more time to this. Just today it happened that I had a refrigerator
that I wanted to get rid of. I had a new one sitting in my driveway and I called this company because I
couldn't remember the time they told me that it would be next month. Well, I was not going to have it sit
there for another month. So I was referred when I said well what do 1 do if I don't want it there because
there would be a cost. He referred me to another number that I called and it would cost me another 80
something dollars for them to come and take that. And I had already made another phone call to
somebody that I bought the refrigerator from, what do you do with your old one? He said, I have a guy
and he will call you later. I would just make the other phone call. So I was going to wait for this phone to
ring. And have it picked up, when somebody came to my house and asked if they can take it. Now let me
tell you it sounds like there is no money in trash. There has got to be money in trash because this guy
practically fell over himself wanting it because of the metal it's worth. So if it's worth something why am
I going to get charged more from this company for picking up a refrigerator there has got to be money in
recycling. So you want to tell me we are going to give them more things that they can recycle to get
money from, but they want to then charge us more money while they certainly, unless your making no
money, you're saying it is a service, it's a favor to us. That's great, gosh I wish more companies had that
to say to me. But there has got to be a profit that somebody's making off this if this guy came and ask me
if he could do it. There's money being made in this recycling. And if not. We need to find a company that
knows how to make money off of recycling and that needs to be looked into. I had trash for recycling and
when it came to all the greens there was one piece of paper, one of the trash picker would come and
recycle my plastics put inside the can and the person who's supposed to pick -up the greens wouldn't
touch the cans because and they which stayed all week because there was one thing on the top the first
time that's not the first time. We're talking about a company that needs a little bit of talking to a little bit
of dealing with and there should be somebody else that you talk to and deal with. I have a small thing to
recycle it's ridiculous. It's always full, it's falling over. If we're really serious about recycling let's get
serious instead of pretending. Let's get some bigger things out to us so we can really recycle and let's hire
a company that knows how to make money off of recycling. Instead of passing the money to us to have to
pay for a service..."
20 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor Pro Tern Taylor- verbatim: "Mr. Mayor, Mr Alejandro there is part of the proposal to put in a 64
gallon blue recyclable container."
Mr. Gandara- verbatim: "I'm glad to hear that."
Mayor Pro Tern Taylor- verbatim: "And that's going to be a dollar fifty, what is it, a dollar seventy five
additional. For that bigger tin and it's probably worth it because the little color are very..."
Mr. Gandara - .verbatim: "it maybe worth it. Again my point is we're giving them more to recycle and they
want to charge us more. And now we're going to recycle more instead of throwing it into the regular
garbage can because it doesn't ... so why are we giving them more recycle goods. Is there not money to
recycling. People recycle all the time. They are coming down my street. So why are we giving the more
recycling goods and why is the cost to show that we are doing a greater job. They are getting more profit.
Somebody needs to look into that. It doesn't make sense to me."
Councilwoman Clark- verbatim: "Mr Mayor if I could just comment. Just to clarify there are mixed... a
lot of this stuff is put out, like an old couch. There is no money in that. So it's a balance"
Mr. Gandara- verbatim: "Yes I understand that every things not good but there certainly is money in the
plastics. So we are going to give them more and they are charging us for a bigger container. Does that
make sense. It doesn't we need to do to make more sense."
- end of discussion-
V. MATTERS FOR DISCUSSION AND ACTION
B. CONSIDERATION OF THIRD AMENDMENT TO CONSOLIDATED
DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED
RECYCLING AND YEAR ROUND BULKY ITEM PICKUP
This item was deferred until the next meeting.
VI. STATUS REPORT - None
VII. MATTERS FROM OFFICIALS
A. LAW ENFORCEMENT SERVICES AUGMENTATIN REQUEST
Ariana Leon- verbatim: residing at 3316 Charlotte Ave. Problem with law enforcement. Does not see any
care patroling. 5 cars stolen on her street. Sees 3 sheriffs cars at 7/11 on San Gabriel BI ± Hellman.
Wants more patrolling.
Mayor Imperial stated that she should speak to the Sheriff s tonight.
21 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Michelle Gonzales, to speak on traffic at Willard school. Called city hall about crosswalks, called the
sheriff. Has petitions of complaints to give to city. She read petition.
Councilman Tran stated that the concerns regarding the on -going traffic was a reasonable request and that
a meeting with the school district, staff and parents should be arranged.
Councilman Nunez stated that he has spoken with City Manager to change trash pick up day.
Councilwoman Clark stated that she wants to be sure residents are involved. Some speed bumps are very
nosing. She wants to make sure the residents on Willard know what's going on.
Councilman Tran stated that we could send letters to the residents and to get Traffic Commission
involved.
Jean Hall- verbatim: "Good evening honorable Mayor and councilmembers. My name is Jean Hall. And
I've been around here for about 50 years. And I'm here before you, for what I'm about to say will be put
on record. I feel that it is my duty to notify the public about three facts. The proof of these fact are also on
public record. And I am compelled to share them with all of Rosemead. And all the other concerned
parties."
Councilman Tran- verbatim: "Mrs. Hall before you continue I understand that what you are about to read
and I will inform you the matter is a confidential legal matter between my ex -wife and myself, my
attorney and the courts. Therefore the 1st amendment rights does not protect any slanderous and libel suits
on nay misrepresentation of this and I have notified my attorney about this and put it in writing and if you
continue with this I will seek legal action towards you on this matter. So I will advise you at this point in
time. It is not true."
Mayor- verbatim: "are you... what's"
Councilman Tran- verbatim: "I will. I want to clarify, and also want to add that the City Clerk will make
these minutes verbatim, so that's also on record. The whole entire meeting."
Mayor Pro Tern Taylor- verbatim: "Mr. Mayor;"
Councilman Tran- verbatim: "For the whole entire meeting."
Councilman Taylor- verbatim: "Mr. Mayor'
Mayor- verbatim: "Yes"
Mayor Pro Tern Taylor- verbatim: "I would like to ask Mrs. Hall that 1 don't know what you have as for
as documentation of what you have to say. But, evidently there is something in there that Mr. Tran does
not want the community to know. He does not want anybody to see it and I know why you must feel you
have to put that out. But he's called for us many times to resign. Do the good thing for the community. I
have nothing to hide I've been here since, 56 yrs here. Nothing to hide. Is there anything that you want to
say about my record that... there's something there that..."
22 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mrs. Hall- verbatim: "All due respect to all that anyone has said. The warnings and everything. I am here
because I am not a famous person. I do not hold a public office. I do now owe anybody or anything. God
forbid. If I die from any unnatural causes. My family will know who to direct..."
(some audiences moan and laugh)
Mayor Pro Tern Taylor- verbatim: "Mrs. Hall, is what you have public documents ?"
Mrs. Hall- verbatim: "it is public record and anybody can get it."
Mayor Pro Tem Taylor- verbatim: "Okay. Just put that in the record that you believe it is public
information. "
Ms. Hall- verbatim: "It is and I have handed the city clerk. A copy for everyone ( ? How many) to see
what it is that I saw."
Councilman Tran- verbatim: "I will also let you know that I did discuss this with Captain Shaw. There is
no truth in it. So I'm warning you in this point in time that it is a private legal matter between myself and
my ex -wife therefore if you continue again I will continue with legal action that my attorney is aware of
this."
Mayor- verbatim: "Is that a threat? (Missing sentence)"
Mrs. Hall- verbatim: "As I said before I was so rudely interrupted by the audience.
I ...if something does happen to me other than natural causes, my family will know who to direct the
authorities to for questioning. So don't shoot the messenger I'm exercising my rights stated in the first
amendment that I can freely express my opinion. (missing sentence)"
Councilman Tran- verbatim: "Just state the facts on this."
Mrs. Hall- verbatim: "Now ever since we had our city council election last March, there has been
alarming rumors regarding our councilman Mr. Tran. His integrity his qualifications serving on the
Rosemead City Council. As for myself, I needed to see proof that rumor was true. And thru public access
and records show that Mr. Tran is ignoring court appearances. And there is an arrest warrant out. And this
alone is shocking. But there was a request from a legal council asking to be excused from Mr. Tran's case.
Because of a bad check he gave for legal services. Now non - payment seems to be a habit of Mr. Tran.
The record shows him to behind in spousal payment. As well as child support. Now this is all public
record. There is a restraining order from his wife and has been granted for his exebition of his violent
behavior and alleged abuse. Last weekend I e- mailed ( ?9- 23 -05 ?) All of this proof of Mr. Tran's fallacies
to the newspapers and TV stations. Now, to date I have not seen anything. My question is Mr. Tran has
something on everyone. Should one person have that much power? Should we feel okay like being afraid
to speak? No Mr. Tran. You need to put your house in order before wanting to clean up city hall. Sitting
on the council while pretending to be a model citizen, then scrutinizing your fellow council members is
appalling it doesn't give you the right to be above the law. You're arrogant toward our judicial system and
23 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
the order of the superior court judge should be grounds for your removal sir. Please Mr. Tran put you
house in order. You come into my house and mess it up. Rosemead deserves better leadership."
Councilman Tran- verbatim: "I would like to make a response to that, and so, if I may. We have our
captain here and I even brought it to his attention when I found out about this. I ask him if there was an
arrest warrant out there. There is not an arrest warrant. And this is not true. Again this is a private legal
matter and that's that reason why the newspaper refused to print it. Because it is not true."
Audience- verbatim: "If there was an arrested warrant out there the captain would be there to arrest you."
Ron Gay- verbatim: "I just wanted to say a few words"
Ron Gay- verbatim: "4106 Encinita Ave., Folks this is the kind of garbage that goes on and brings
down our city. Okay give me a break this is all a very well sculpted piece for you folks to do. This is
garbage. This is nonsense. Let's talk about real things. Real things. Cut the mud slinging. Okay. This is
why you folks are in this position. And it is really disgusting, I'm tired of it."
Mayor Pro Tent Taylor- verbatim: "Mr. Mayor. I hate to do this at this point. I have to ask Capt. Shaw, is
it a public document? Do you know about this incident."
Capt Shaw- verbatim: "I know of the document."
Mayor Pro Tern Taylor- verbatim: "Is it an arrest warrant ?"
Capt Shaw- verbatim: "No,"
Mayor Pro Tern Taylor- verbatim: "Capt. Shaw, you answered the question and that's fine. You made that
point. I appreciate that."
Ron Gay- verbatim: "It has been answered."
Mayor Pro Tern Taylor- verbatim: "I'm going to direct the city attorney and the city manager to
investigate these documents if they are legitimate public documents and what they are... I haven't seen
them."
(some audience boo + heckle)
Mayor- verbatim: "Wait, wait. Now, come on now. Let's here what they have to say."
(Audience, Brady, nobody has heard anything audience shouting)
Brady- verbatim — "Save your breath for the recall campaign."
Mayor Pro Tern Taylor: "Mr. Mayor, Mr. Mayor I did ask a question to direct them TO SEE these are
public records. Mr. Mayor are there any other speakers on there? "
24 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor- verbatim: "I don't think so. Is that all the speakers ?"
Councilman Nunez- verbatim: "1 think that, when we start looking at personal lives (the way we do)
because I saw this and it got ugly and somebody put it in my maildrop. Is how it came to me so it
obviously came trough the city clerk. "
City Clerk- verbatim: "I put it in a box."
Councilman Nunez- verbatim: "Okay but you know, these are, you know, if we have looking for stuff like
that you know, it's really crazy when you start looking at that. I think we've made some complaints about
some of the votes are maybe that lack of votes or lack of direction. That this city council in the past has
done? I think that if you look at votes for directions that I've done as a city council member or on the
Alhambra school board member or as the Garvey school Board member, as a city council member. You
know once in a while I go over the speed limit. I get behind on some stuff time to time. Pro not perfect
and none of us are perfect. The fact that I'm not perfect and I'm about my community out there tells me
that I am fit and also that John is too, serve on the city council. Thank You."
Councilman Taylor- verbatim: "Mr. Mayor:"
Mayor- verbatim: "yes"
Mayor Pro Tern Taylor- verbatim: "There is an other thing that I would like to direct the city manager to
do, I would like him to right a letter to the hotel New York, New York in Las Vegas and specifically get
their accounting dept. to find out if they in fact have been double billing our city for charges that were
made, and we heard 3 times that they double billed us and I want them to deny it or prove it."
Councilman Nunez- verbatim: "Mr. Mayor that would be fine if we didn't use city revenue to go out there
and do an investigation like that. That would be fine as long or I would hate for you or anybody in your
camp to use that as a campaign. Because you know what is the campaigns out there want to use that
information let then go get that information. We should not use tax revenue ."
Mayor Pro Tern Taylor- verbatim: "No, it's official city money that was in this messy deal."
Councilman Nunez- verbatim: "We got it back"
Mayor Pro Tern Taylor- verbatim: "So"
Councilman Tran- verbatim: "City Manager"
Mayor Pro Tern Taylor- verbatim: "Mr. Tran. I'm talking Mr. Tran. Please, you famous at that, but I
would ask the city manager to issue that letter tomorrow. To clean up our accounting procedures."
Mr. Brady- verbatim: "you're spending our money to do something which is a personal matter of yours"
Mayor Pro Tem Taylor- verbatim: "No, No. This is to claim how the receipts came in to city hall." .
25 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mr. Gandara- verbatim: "Is money missing"
Mayor Pro Tern Taylor- verbatim: "No, we're trying to cover that up to. Mr. Tran ...we're going to verify
that'
Mayor- verbatim: "One at a time please'
Councilman Nunez: - verbatim I thought that our fiscal dept. already cleared that up. Did they not, City
manager
Mr. Crowe- verbatim: Mr. Tran provided his personal check to cover the charges in question.
Councilman Nunez- verbatim: So that is what you want to go spend money on
Mayor Pro Tern Taylor- verbatim: Mr. Tran has stated 3 times at our meetings that New York, New York
has doubled billed the city. He said that 3 different meetings
Councilman Nunez- verbatim: So you want us to spend that money.
Councilman Taylor- verbatim: I want to write a letter Mr. Nunez
Audience: Mr. Brady- verbatim: That cost money and time-
Mayor Pro Tern Taylor- verbatim: Ok, Mr. Brady.
Mr. Brady- verbatim: yeah, you go like that. You don't have much longer to do that. You're out of here,
you too Imperial.
Mayor- verbatim: Listen,
Mr. Brady- verbatim: don't point your finger at me.
Mayor- verbatim: I'll point when I want to
Mr. Brady- verbatim: you don't even know the word..?
Mayor Pro Tern Taylor- verbatim: Mr. Mayor, Mr. Mayor.
Mayor- verbatim: Don't tell me.
Mayor Pro Tern Taylor- verbatim: Jay, come on Jay. Mr. Mayor we've had a couple of items brought up.
Was that your oral communications.
Mayor Pro Tern Taylor- verbatim: I would like something put on the traffic commission. As for approving
another signal light. Now we put a signal over on Del Mar. I would also like to put on their agenda signal
26 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
down on Rush St. at Rice St. ( at angelus ave.). if we're going to put a signal over there it's fine. It sounds
like we need it. But I would like to have a signal put down on Rush St. So I would like that on next traffic
commission agenda.
Councilman Tran- verbatim: "is this paving the way for Wal -Mart. Is that on Delta and Rush"
Mayor Pro Tem Taylor- verbatim: "We've already got the statistics all that's been going on. There was a
lady that came up here and ask for a signal. Now you open the door and I think it's a good idea. So I'm
asking that it be put on their agenda."
Councilman Tran- verbatim: "I think it should go thru the channel as..."
Mayor Pro Tem Taylor- verbatim: "I just suggested the channels. Mr. Tran. Is this proper Mr. Crowe."
Mr. Brady- verbatim: "Why don't you go thru the traffic commission."
Mayor Pro Tem Taylor- verbatim: "It's going thru the traffic commission Mr. Mayor I would like to defer
this law enforcement to the next mtg."
VI. STATUS REPORT - None
VII. MATTERS FROM OFFICIALS
A. LAW ENFORCEMENT SERVICE AUGMENTATION REQUEST
Mayor- verbatim: "Matters from officials."
Mayor Pro Tem Taylor: "Defer because we're missing some information."
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Councilmember Tran- verbatim: "regarding the public hearing on the EIR that was going to be on
Decl3th. I thought that given the fact that our city attorney has retired and he is retiring effective Dec Ist.
With the letter given to all us council members and given the facts there were comments that were... the
orders... the judge asked Wal -Mart to do. And in order for us to have an objective look at these 2 items for
24 hours (store ) and the alternate sites again I am requesting that we did get a different set of eyes to look
at this and which is a CEQA attorney specialist, who deals with these two items. Involved in EIR I don't
think that what I have read is on appropriate revised EIR for the Wal -Mart developers... and in order for
us to get an objective one. Let's go out there and get some one who is objective who specializes in
27 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
CEQA. And do it the right way this time. We worked given the EIR in the state text. You know this is a
perfect EIR, and it's going to work. How ever we had some flaws in it. There's 2 items in it that the judge
has (? Aborted) so I am requesting that we put this public hearing ...Actually table this public hearing and
not have it on December the 13th until we find a CEQA attorney who is going to look at the EIR
objectively. As we all are as residents can have a fair shot at analyzing this ?"
Mayor- verbatim: "have you got a name for an attorney? "
Councilman Nunez- verbatim: "We can look at one"
Mayor- verbatim: "You gave a name one time before. I checked it and I didn't like it
Councilman Tran- verbatim: "then it would suggest perhaps maybe then the city manager we could
actually get 3 city attorneys to come here to revise ( ?)
The CEQA objectively and the staff to look at this and come back to us and give us somebody will look at
this. You know this public hearing on Dec, 13th. We are not going to have our city attorney, he retires
Dec 1 st."
Mayor Pro Tern Taylor- verbatim: "Mr. Tran, Mr Wallin is the city attorney handling the EIR process and
we are not going to stop it. We're going on the records as the state law requires. The attorney the judge
excuse me, the lawyer said you have 90 days to tell why we chose that site. And as for as the 24 hours
store goes that is a moot issue. The judge has accepted the fact that Wal -Mart is not going to have a 24
hour store. The judge said go back and correct the EIR and tell us why we chose that site because Edison
has a piece of property to sell. Wal -Mart has this right to buy that piece of property it's zoned C -3
commercial for them, to build on it. And that is what the judge wants us to explain"
Mayor Pro Tern Taylor- verbatim: "We already did it. It's all in the 5,000 page report. We have the
original EIR and we're not going to stop it."
Councilman Tran- verbatim: "And Dec 13th will eclipse the 90 days that the judge had ask us for. So
what's a few extra days."
Mayor Pro Tern Taylor- verbatim: "It ain't going to work John."
Councilman Tran- verbatim: "But to get and objective of a CEQA attorney to look at this."
Mayor Pro Tern Taylor- verbatim: "It ain't going to work John."
City attorney- verbatim: "Well, this is a non- agenda item for this evening."
Councilman Tran- verbatim: `9 am requesting on the next agenda item. That we would consider looking at
getting a CEQA specialist to look at this EIR objectively"
Mayor Pro Tern Taylor- verbatim: "Is that all that we have Mr. Mayor"
28 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
Mayor- verbatim: "As far as I know."
Councilman Tran- verbatim: "And the other thing was 1 know that Nancy had given us back the material
on the recall. And so it says here Jan 10 to Feb 13th. I would like to have placed on the agenda that we
have the election on Jan I Oth, 2006. The recall election."
Mayor Pro Tern Taylor- verbatim: "Put it on."
City attorney- verbatim: "You next agenda will have the necessary resolutions to call this election. The
council at that time will decide the date."
Councilman Tran- verbatim: "I am requesting that the date be put on"
City attorney- verbatim: "As I said that will be the decision of the council at the next mtg."
City attorney- verbatim: "you can select a date. Everybody can select a date. It's who ever you know, the
3 members of the council can vote on the date of the election at this next mtg."
Councilman Tran- verbatim: I'm sorry. "I did ask for it and then Mr. Taylor said put it on. So."
Mayor Pro Tent Taylor- verbatim: "I have no problem with it John. It is going to be a 3 to 2 vote. It's
obvious you're just stalling for time."
Mr. Brady- verbatim: "Who's stalling here. Why can't you just decide the date. The people said they want
an election. Why can't you just pick the earliest possible date. And get it over with."
Mayor- verbatim: "Why don't you sit there and let us"
Mayor Pro Tern Taylor- verbatim: "Mr. Mayor'
(Brady and audience unruly + shouting)
Mayor- verbatim: "This meeting is adjourned."
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 10:00 p.m. The next
regular meeting will be held on Tuesday, October 11, 2005, at 8:00 p.m.
Respectively submitted: APPROVED
City Clerk
MAYOR
29 CC Min 09 -27 -05 — INTEGRATED ATTACHMENT B
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
SEPTEMBER 27, 2005
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Pro Tern Taylor.
The invocation was delivered by Councilwoman Clark.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor, and Mayor Imperial
Absent: None
APPROVAL OF MINUTES: JUNE I4, 2005 — REGULAR MEETING
Councilwoman Clark requested that the minutes of June 14, 2005 be deferred for corrections that she will
submit to the City Clerk and asked if Juan Nunez was here at the meeting?
Donald Wagner stated no.
Councilwoman Clark stated that the correction had to do with the statement that "we campaigned together
and broke legs." My comment was "oh I broke my own leg" not someone else's. What he was referring
to was while campaigning in 1986 or 1987, when we were fighting to save homes in Rosemead from the
threat of eminent domain; 1 was hit by a car and broke my leg. I wanted to clarify this in the minutes.
APPROVAL OF MINUTES: SEPTEMBER 13, 2005 - REGULAR MEETING
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN TRAN that the
Minutes of the Regular Meeting of the Rosemead City Council held on September 13, 2005, be approved
as submitted. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS: None
I. ORAL COMMUNICATIONS FROM THE AUDIENCE
CC MIN 9 -27 -05 ATTACHMENT B
Alejandro Gandara, suggested that Mr. Crowe talk to Gary Taylor and Jay Imperial to resign.
Mayor Pro Tem Taylor stated that there was no need for Mr. Crowe to talk to him.
Councilwoman Clark requested that Agenda Item V -A be moved to the front of the Agenda.
V -A CERTIFICATION OF SUFFICIENCY OF RECALL PETITIONS TO RECALL MAYOR
JAY IMPERIAL AND MAYOR PRO TEM GARY TAYLOR
The City Clerk read agenda Item V -A with recommendations.
John Brady, stated that it was a very happy and sad occasion that there is a recall. People of city will
speak and that the honorable thing for Imperial and Taylor would be to resign. Council should not delay
election.
Steven Ly, 3040 Rosemead Place, stated corruption with people who passed out recall petitions and to not
certify petitions. Lied in getting people to sign petition. Jay and Gary have served the City for over 30
years and they have done a good job. Both have served the city well.
Fred Herrera, 3879 Delta Avenue, stated that both have served the city well. He stated that the recall
proceeding was a sham, have displayed corruption. Questioning tactics used. People behind the recall are
self - serving people, they are willing to sacrifice two good people for their self - serving agenda. Only thing
they did was to support Wal -Mart, which will bring in jobs and money to the city, this is not grounds for
recall.
Linda Kilpatrick, stated that she has lived in Rosemead for over 32 years and that she endorses Taylor and
Imperial. She stated that they care about the city, and also Councilwoman Clark. They have tried hard to
make Rosemead grow and up hold Rosemead. She stated that when she has been to City Hall, they take
care of her. She said that the recall election, Mr. Tran, will cost the city over $100,000 and you are
quoted in the paper that you want to save the City money, by asking Mr. Imperial and Mr. Taylor to step
down. Screw you. You are so arrogant and so young, you do not know what you are asking. You open
your mouth and say "let's buy Rosemead Boulevard" because it has pot holes, and that you want your
own office so you can entertain the Asian constitutes. Please, please, that's a quote.
Councilman Tran asked Ms. Kilpatrick where the quote came from?
Ms. Kilpatrick stated that she was paraphrasing.
Councilman Tran asked Ms. Kilpatrick again where that quote came from ?.
Ms. Kilpatrick stated that she was sorry that she ever voted for him.
Rosemarie Gonzalez, stated that she was in favor of the recall. She said that she was not corrupted and
she knew what they have done. Nothing. She stated that she goes down Valley Boulevard and Rosemead
Boulevard and see trash everywhere. She stated that the Council did not listen to them. She stated that no
one had paid her anything. She walked the streets and she did not lie to anyone and that she does not lie.
2 CC MIN 9 -27 -05 ATTACHMENT B
She asked why did we need a big store like Wal -Mart in the City. It only added to the traffic and pollutes
the City. She stated that the recall will go on and too leave or resign now.
MOTION BY COUNCILMAN TRAN, SECOND BY MAYOR PRO TEM TAYLOR that the
Rosemead City Council approve V -A, Certification of Sufficiency of Recall Petitions to Recall Mayor Jay
Imperial and Mayor Pro Tern Gary Taylor. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
II. PUBLIC HEARING
A. PUBLIC HEARING TO CONSIDER RECOMMENDED EXPENDITURES
OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDS
The staff report was presented by the City Manager.
The Mayor opened the Public Hearing for those in the audience wishing to speak for or against this item.
There being no one wishing to speak, the Mayor closed the Public Hearing.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the
Rosemead City Council approve the appropriation of Citizen's Option for Public Safety (COPS) Funds.
Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
II1. LEGISLATIVE
A. RESOLUTION NO. 2005 -30 — CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
CC MIN 9 -27 -05 ATTACHMENT B
RESOLUTION NO. 2005 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $972,124.55 NUMBERED 50446
THROUGH 50626.
MOTION BY COUNCILMAN NUNEZ, SECOND BY COUNCILMAN TRAN that the Rosemead
City Council adopt Resolution No. 2005 -30. Vote resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
1II. CONSENT CALENDAR
The City Attorney stated that there were requests to speak on Agenda Items CC -A, CC -B, CC -C and CC-
E.
CC -D RESULTS OF BID OPENING FOR THE RESTORATION OF THE ROSEMEAD
AND GARVEY POOL BUILDINGS
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the
Rosemead City Council approve CC -D on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -A RESOLUTION NO. 2005-31 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD APPROVING SUPPLEMENTAL AGREEMENT TO
006 -M TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-
5358
Jim Flournoy, stated that he was here to give information on this subject. He stated that he was at the Los
Angeles County Public Works office to review a design bridge on Beverly Boulevard over the Rio Hondo
CC MIN 9 -27 -05 ATTACHMENT B
River, which is a similar bridge as we have. He stated that this was a City of Montebello/Pico Rivera
project, and that the data for earthquake magnitude was wrong. He urges Geotech to review City's bridge
so won't go out to bid under structural. Caltrans has not updated this area fault since 1996.
Councilwoman Clark asked if it was a private contractor or Caltrans who made the mistake?
Jim Flournoy stated that it was the Department of Public Works, because they were the contractor.
Councilwoman Clark asked who determines structure for human occupancy?
Jim Flournoy stated it was the State who determines occupancy and use.
Councilwoman Clark requested the City Engineer to look into Mr. Flournoy's concerns and set up a
meeting.
City Manager Crowe stated that there are no problems to be corrected and we had a 3` party engineer
who looked into this.
City Engineer Rukavina stated that a 3` party engineer had reviewed the Geotech technical report and had
it certified 4 weeks ago. Acceptable forces are being used in design.
Councilman Nunez wanted to clarify the voting, weather they were going to change anything or that they
were just having a meeting to look at the gentleman's concern.
Mayor Imperial stated that a meeting would be scheduled.
MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM TAYLOR that the
Rosemead City Council adopt Resolution No. 2005 -31. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -B INSTALLATION OF LEFT TURN SIGNAL PHASING ON DEL MAR AVENUE
AT GRAVES AVENUE
Elizabeth Silva, Principal of Williams School, urge to vote in favor. She stated that there were a lot of
cars speeding through there. She stated that when there was no crossing guard that she would have to do
it and that the cars were speeding and that she has almost gotten hit.
Mayor Imperial stated that if a crossing guard does not show up what is her action?
CC MIN 9 -27 -05 ATTACHMENT B
Ms. Silva stated that she would call City Hall immediately. Last year she was out there 12 times and
witnessed a number of accidents, u -tums and speeding. She stated that this was the worst street she has
seen in 23 years.
Mayor Imperial stated that the next time don't go out there, but call him.
Ms. Silva stated that she has had a good response from Milan.
Virginia Peterson, Superintendent, Garvey School District, stated that she was very concerned with safety
of children, parents and crossing guard. Very dangerous. Highcliff Avenue and left turn arrow at Graves.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN NUNEZ that the
Rosemead City Council approve CC-13 on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -C INSTALLATION OF A TRAFFIC SIGNAL AT DEL MAR AVENUE AT
HIGHCLIFF AVENUE
Councilman Tran thanked Councilman Nunez for bring this up and that the kids safety is very important.
Councilwoman Clark asked if the signal was triggered by pedestrians or cars when school is out for the
summer?
City Engineer stated that the signal was triggered by both.
MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN NUNEZ that the
Rosemead City Council approve CC -C on the Consent Calendar. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC MIN 9 -27 -05 ATTACHMENT B
CC -E CONSIDERATION OF REQUEST FROM CONSOLIDATED DISPOSAL
SERVICES (CDS) FOR ANNUAL COST OF LIVING ADJUSTMENT OF
RESIDENTIAL AND COMMERCIAL REFUSE RATES
Dolly Leong, 8455 Mission, stated that a $20 charge was on her account, it was sent to a collection
agency . There was supposed to be a $20.00 credit. She stated that it hurt her credit and has not received
the credit yet. She also asked when will City go out to bid?
Mayor Pro Tern Taylor asked Ms. Leong if staff followed through with what she requested?
Ms. Leong stated that she believed Mr. Wagner told her they would release it.
Mayor Pro Tern Taylor asked who released it?
Ms. Leong stated Consolidated would release it from credit, but damage was already done.
Mayor Imperial stated that we can get an answer tonight from Mr. Fierro
Richard Fierro, CDS, stated that Donald Wagner spoke to him about 3 weeks ago regarding this situation
and stated that the $20 placed for delinquency was removed. He stated that he would honor any amount
due to her.
Mayor Pro Tern Taylor asked if Mr. Fierro said that he released the lien on it?
Mr. Fierro stated yes.
Mayor Pro Tern Taylor asked if it was Consolidated that put it on.?
Mr. Fierro stated that she had a number of properties that were late in payment, there was assessment
charge for late payment and that he removed the late charges from credit report.
Mayor Pro Tern Taylor asked when?
Mr. Fierro stated 2 or 3 weeks ago.
Councilman Tran asked what was her request, to have that lien removed?
Dolly Leong stated there was no lien, just sent to collections, no notice and Consolidated's staff is rude.
Councilwoman Clark asked if she was on the lien list that the Council approved 3 months ago?
Donald Wagner stated no.
Councilman Tran asked if this is a contract extension or evergreen?
City Attorney Kress stated that is an evergreen contract with a 5 -year rollover with another year added.
CC MIN 9 -27 -05 ATTACHMENT B
Councilman Tran asked if the contract is due in April or May?
Donald Wagner stated on August 1
Councilman Tran stated so next August we will rollover to make it 5 years.
Donald Wagner stated yes.
Mayor Pro Tent Taylor, Mr. Mayor, John this is to raise it from $12.00 to $12.44.
Councilman Tran asked the question that was brought up by Ms. Leong. Are we going out to bid for this?
Mayor Pro Tern Taylor stated that there was corrections to evergreen contract and asked if it can be
brought back?
City Manager Crowe stated that they could pull off V -B and bring back at next meeting. Stated that it
was the 3` amendment.
Mayor Pro Tem Taylor stated that he needed clarification. This is an amendment?
Mr. Crowe stated yes. This was for bulky items, recyclables and e- waste.
Councilman Nunez stated that we need a Study Session at the October 11 `h meeting at 6:00 p.m.
Mr. Crowe stated that there could be a study session on October I I 1 at 6:00 p.m.
Councilwoman Clark stated that there was a lot of concerns and feed back by the audience tonight. She
stated that the Bulky Item preference was good to be able to put out anything at anytime, but couldn't
understand how the} would keep track of people putting out items. People won't always call. Most
people put out waste and is glad when someone else picks it up.
Councilman Nunez stated that they can discuss at Study Session.
Councilwoman Clark stated that she wants to be able to discuss this in front of audience so they will
understand the charges and what they will need to do.
Councilman Nunez stated again that this should be done at a study session.
Richard Fierro stated that in other cities they have bulky item pick up 4 to 5 times a year with 4 to 5
items. Program is meant to get rid of bulky items. He stated that 20 pick ups a year is good, some cities
have only one. He stated that he would like to start now. Can start notifying residents now. One option
is to not charge residents for bulky items, but charge for items left on curb, that was not called in.
Councilman Tran stated that he would like to hold off any change until study session.
CC MIN 9 -27 -05 ATTACHMENT B
Mayor Pro Tern Taylor asked how to prevent everyone from constantly putting out big items? He stated
that he was opposed to bulky item pick up until contract is settled.
Richard Fierro stated that he would wait and he would like the Council to give the City Manager all
concerns.
Mayor Pro Tern Taylor read "The cost for pick up abandon bulky item would be covered by CDS up to
$1,000 a year. If you divide it up by 12 that adds up to $88 a month, times 4 weeks equals $22, which
equals to 1 %z bulky items. Then CDS will charge the City $17.00 per bulky item after that.
Richard Fierro stated that is why there is a second option, that will charge all residents .72 cents and all
bulky items will be picked up.
Mayor Pro Tern Taylor said that Mr. Fierro told them earlier that this was another program.
Richard Fierro stated if the Council approved today, he can start picking up bulky items in two weeks.
Mayor Pro Tern Taylor stated that he did not want that. There would be 1,000 of items out there.
Adejandro Gandara stated that he tried to dispose of an old refrigerator. Someone came by and wanted it
for the metal. Got to be some money made in recycling. Wants to hire a company that can make money.
Why giving CDS more recycled goods and they're charging customers more.
Councilwoman Clark stated not everything is recyclable. Not everything can make money, like a sofa.
Mayor Pro Tern Taylor stated that a new 64 gallon blue recyclable container will be furnished at $1.75.
Mr. Gandara asked why are we giving more recyclable good to CDS.
V. MATTERS FOR DISCUSSION AND ACTION
B. CONSIDERATION OF THIRD AMENDMENT TO CONSOLIDATED
DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED
RECYCLING AND YEAR ROUND BULKY ITEM PICKUP
This item was deferred until the next meeting.
VI. STATUS REPORT - None
VII. MATTERS FROM OFFICIALS
A. LAW ENFORCEMENT SERVICES AUGMENTATIN REQUEST
Ms. Lem, 3316 Charlotte, stated that cars are being stolen, tires slashed, cars stripped, to her family and
her neighbors. She stated that they have filed many reports. She said that 95% of the time she sees the
Sheriff s cars at 7 -11 and that they need additional cars in the area.
9 CC MIN 9 -27 -05 ATTACHMENT B
Mayor Imperial stated that she should speak to the Sheriffs tonight.
Michelle Gonzales, Willard Elementary School, stated that there is bad traffic at the school. Stated that
they have asked the City for a crosswalk. Has petition with parents concerns. She read letter, wants
meeting.
Councilman Tran stated that the concerns regarding the on -going traffic was a reasonable request and that
a meeting with the school district, staff and parents should be arranged.
Councilman Nunez stated that he has spoken with City Manager to change trash pick up day.
Councilwoman Clark stated that she wants to be sure residents are involved. Some speed bumps are very
nosing. She wants to make sure the residents on Willard know what's going on.
Councilman Tran stated that we could send letters to the residents and to get Traffic Commission
involved.
Jean Hall stated that she has lived in Rosemead for over 50 years and she wanted what she was about to
say to be put on the record. "I feel it is my duty to notify the people of these facts, the proof of these facts
are on record and I am compiled to share with everyone in Rosemead and concerned parties."
Councilman Tran stated that he was aware of what she was speaking about and the matter is between ex-
wife and himself. He stated that it is a private matter and if she continues he will seek legal action on her
and he stated that it was not true. Councilman Tran also requested that this be verbatim.
THIS SECTION IS VERBATIM
Mayor Pro Taylor: Mr. Mayor - I like to ask Mrs. Hall - I don't know of what kind of documents you
have, but evidently there is something in them that Mr. Tran does not want the community to know about
and I know why you feel that you must put that out, but he has said many times to us for us to resign, to
do the right thing for the community. I have nothing to hide, I have been here for 56 years, do you want
to say anything about my record, but there is something there.
Mrs. Hall: With all due respect to all everyone has said, I am here because I am not a famous person. I
do not hold a public office. I do not owe anybody or anything, but god forbid if I die from any unnatural
causes, my family will know who to direct......
(Noise from the audience)
Mayor Pro Tern Taylor: Mrs. Hall, is what you have public documents?
Mrs. Hall: It is public record and anybody can get it.
Mayor Pro Tern Taylor: Put it in the record that she believes it is public record.
10 CC MIN 9 -27 -05 ATTACHMENT B
Mrs. Hall: It is and I have handed a copy to the City Clerk for everyone to see what it is that I saw.
Councilman Tran: I have discussed this with Captain Shaw and there is no truth. Private legal matter and
if you continue with this slander /accusation, I will seek legal action against you.
Mrs. Hall: Before I was rudely interrupted by the audience, if something happens to me, unnatural cause,
my family knows who to direct the authorities for questioning - so don't shoot the messenger - I am
exercising my rights stated by the first amendment that I can freely express my option. Now ever since
we had our City election last March, there has been alarming rumors concerning our Councilman, Mr.
Tran, his integrity and qualifications for serving as a Rosemead councilman. For myself, I needed to see
proof that the rumors were true and through public access and records showed that Mr. Tran is ignoring
court appearances and there is an arrest warrant out and this alone is shocking, but there was a request
also from a legal counsel asking to be excused from Mr. Tran's case because of a bad check he gave him
for legal services. Non - payment seems to be a habit of Mr. Tran's and records show him to be behind in
spousal and child payments. This is all on public record and there is a restraining order from his wife, for
violent behavior and alleged abuse. Last weekend I e- mailed all this proof of Mr. Tran's fallacies to the
newspapers and TV stations. Now to date I have not seen anything - my questions is does Mr. Tran have
something on everyone? Should one person have that must power? Should we feel ok by being afraid to
speak? No Mr. Tran, you need to put your house in order before wanting to clean up City Hall. Seating
on the Council and pretending to be a model citizen and then scrutinizing your fellow Councilmember's is
appalling, it does not give you the right to be above the law. Your arrogants towards our juridical system
and the order of the Supreme Court Judge should be grounds for your removal Sir. Please Mr. Tran, put
your house in order - you come into my house, you mess it up - Rosemead deserves better leadership.
Councilman Tran: I would like to make a response to that. We have our Captain here and when I heard
about this, 1 asked him if there was an arrest warrant out there and he stated there wasn't. This is not true.
Again, this is a private legal matter and that is the reason why the newspapers refused to print it because it
is not true
Ron Gay: This is the type of garbage that goes on that brings down our City. Give me a break. Deal
with the issues. This is all a very well sculptured piece to do this stuff. This is garbage, this is nonsense,
let's talk about real things. Cut the mud slinging ok. This is why you folks are in this position, it is
disgusting and I am tired of it.
Mayor Pro Tem Taylor: Mr. Mayor - I hate to do this at this point, but is this a public document, Captain
Shaw?
Captain Shaw: I know of the document.
Mayor Pro Tem Taylor: Is there an arrest warrant?
Captain Shaw: No arrest warrant, it is a private matter.
Mayor Pro Tem Taylor: Mr. Mayor, I am going to direct the City Attorney and City Manager to
investigate to see if these are legitimate public documents.
11 CC MIN 9 -27 -05 ATTACHMENT B
Councilman Nunez: I think we (inaudible) personal life (inaudible) who put it in my box, how did it get in
my box, how it came to me - obviously came from the City Clerk. If we have to start looking for stuff
like that, it is really crazy. I think we made some complaints regarding some of the votes or lack of votes
or lack of direction that the Council in the past has done. I think if you look at the votes or direction that I
have done as a City Councilmember or as an Alhambra School Board Member or Garvey School Board
Member, that is fair game, scrutinze my action as a school board member and as Councilmember. I am
not perfect, I go over the speed limit once in awhile, I get behind on something's, I am not perfect, now of
us are perfect. I think because I am not perfect, (inaudible) my community out there tells me I'm fit and
also John is fit to serve on City Council.
Mayor Pro Tern Taylor: Mr. Mayor, I have one other thing I would like to direct the City Manager to do.
Write a letter to New York, New York in Las Vegas and get there accounting department to find out if
they in fact doubled billed the city for charges that were made. We have heard three times that they
doubled billed us and I want them to deny it or prove it.
Councilman Nunez: Mr. Mayor, that is fine if we are going to use the City's revenue to do this
investigation, but 1 would hate for you or anybody in your camp to use that in the campaign. If the
campaign wants to use that information let them go get that information, don't use taxpayer's revenue.
Mayor Pro Tern Taylor: No No - it is official city money that was in this messy (inaudible) I'm talking
Mr. Tran, please your famous for that, Mr. Mayor, I would ask that the City Manager issue that letter
tomorrow to clear up our accounting procedures.
Councilman Nunez: Mr. Mayor I am curious, I thought our fiscal department cleared that up. Did they
not City Manager?
Mr. Crowe: Mr. Tran provided a personal check to cover the charges in question.
Councilman Nunez: So that is what you want to go spend more money on to find that out?
Mayor Pro Taylor: Mr. Tran has stated three times in our meetings that the New York New York Hotel
has doubled billed the City.
Councilman Nunez: So that.. (inaudible)
Mayor Pro Tern Taylor: I want him to write a letter, Mr. Nunez. Mr. Mayor, Jay, Mr. Mayor, we had a
couple of items that were brought up. Is that Oral Communications? I would like something to be put on
a Traffic Commission as far as approving another signal light. We put a signal over at Del Mar and I
would also like a signal at Rush Street at Rice Street. If we are going to put a signal over there, it is fine, I
sure we need it, but I want one on Rush Street. Want this item on next Traffic Commission meeting.
Councilman Tran: Is this paving the way for Wal -Mart at Rush and Delta?
Mayor Pro Tern Taylor: We already have the status, and a lady came up here and ask for a signal, you
opened the door, and I feel like it is a good idea, put on agenda.
12 CC MIN 9 -27 -05 ATTACHMENT B
Councilman Tran: I think we should go through the channels.
Mayor Pro Tern Taylor: I am going through the channels Mr. Tran. Mr. Crowe is this proper?
Mr. Crowe: Your recommendation for this to go to the Traffic Commission would be appropriate. We
will take it in November.
Mayor Pro Tern Taylor: I would like to defer the Law Enforcement Services Augmentation request to the
next meeting.
VERBATIM SECTION ENDS
VI. STATUS REPORT - None
VII. MATTERS FROM OFFICIALS
A. LAW ENFORCEMENT SERVICE AUGMENTATION REQUEST
Mr. Crowe stated that Mr. Taylor requested that this item be deferred to the next meeting.
Mayor Pro Tern Taylor stated that he wanted it deferred because information was missing.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE
Councilmember Tran spoke on the EIR, the 24 hours and alternative sites for Wal -Mart. He also
requested that the Council get a CEQA attorney to look at revision, get objective firm. There are flaws in
the EIR. Table public hearing until CEQA Attorney can look at this objectively.
Mayor Pro Tem Taylor stated that the judge gave 90 days to state why this site was chosen. This is not a
24 hour store. Southern California Edison owns the property, they can sale to whomever they want. Wal-
Mart has the right to buy the property, it is in a C -3 zone and can build properly on it. Report is already
done.
Councilman Tran stated that the 90 days ends December 13th, and what difference does a few days make.
He also wants on the next agenda to consider a CEQA attorney to look at this objectively. Also wants
next agenda to have recall election scheduled for January 10, 2006.
Mr. Kress stated that the election date will be on the next agenda.
13 CC MIN 9 -27 -05 ATTACHMENT B
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 10:00 p.m. The next
regular meeting will be held on Tuesday, October 11, 2005, at 8:00 p.m.
Respectively submitted: APPROVED
City Clerk
MAYOR
14 CC MIN 9 -27 -05 ATTACHMENT B
Rosemead City Council
Special Meeting 12 -5 -05
Minutes Errata
Submitted by Mayor Gary Taylor
Open comments of Special Meeting:
Tran: Mr. Mayor. Point of order. Can I ask who called for the meeting? For a special
meeting tonight.
Mayor Imperial: Yes, It was Mayor Pro -Tem Taylor, Maggie Clark, and myself and
this ... I was going to ask you John, in that meeting the other night when I had seen you,
but I didn't want to bother you.
Tran: I am just kind of curious. Maybe legal council can help out with this. On the
Resolution that was adopted by the council. Mayor Pro -Tem Taylor did abstain on the
vote. Therefore he cannot bring the item back. Am I correct?
Mayor: Not that I am aware of.
Tran: I'm asking legal council.
C. Attorney: The call for a special meeting can be made by the Mayor or three council
persons. This meeting is properly called by having Jay Imperial call the meeting.
Tran: Properly called.
C. Attorney: It is properly called
Tran: Properly called -
Mayor: (Inaudible)
C. Attorney: We're not...
Mayor' Can everybody hear us here?
Audience: No
Mayor: You can't hear us?
Audience: No
Tran: Also, given the fact that there could be a possible conflict of interest with the form
1090( ?) Could the Mayor indeed, call this special meeting?
Page 1 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Mayor: That's the Mayor's privilege. We've had the ability to do that...
C. Attorney: Both the Brown Act and the Rosemead Municipal Code provide that the
Mayor has the power to call a special meeting.
Tran: Correct, and I do understand and recognize that. However, there could be a possible
conflict of interest on this. So can he call the meeting?
C. Attorney: Yes
Nunez: May I
Mayor: Yes, go ahead.
Nunez: My concern is that we ... the question was ask of you, the Mayor, who called the
meeting.
Mayor: Yes
Nunez: And you said there was three people who called the meeting.
Mayor: Yes
Nunez: And now all a sudden you said you called the meeting. Which one was it actually?
Mayor: I was ask to call the meeting and that's why I called it. And that the mayor's job
and he can call a special meeting.
Nunez: So what you are saying - Maggie Clark and Councilman Taylor did not call for
this meeting.
Mayor: It was requested we have a meeting
Taylor: Mr. Mayor. If I may, we've got the court case that came before us last .. I think it
was the day before Thanksgiving it was settled or so ... ruled on. And we were all given a
copy of it. And because of the confusion, what do we do with it. And as far as us being
able to make any kind of decision we have to have a meeting on it. So as far as myself or
Mrs. Clark or you calling the meeting we needed the meeting to get everybody to hear the
same thing on it. And that's why we are having the meeting.
Nunez: Can I ask why it has to be tonight? A special meeting, disrupting a planned..a
planning commission meeting. Why couldn't this be two weeks from now and we get a
lot of information in it.
Page 2 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Taylor: Mr. Mayor, as far as the Planning Commission meeting tonight the rest of the
council is going to be gone all week until Sunday. I believe. Saturday or Sunday. So they
are gone for a complete week. And then the following week we have the public hearing
for the Environmental Impact Report at the Rosemead auditorium. And I see nothing
wrong with having the meeting now to stop all the rumors and innuendos that are going.
Let's find out what we need to do and what we can do with this.
Nunez: Mr. Taylor don't you think that is possibly more prudent to have a meeting when
we have a lot more information than we have right now? Right, now we don't have-we
don't ...There's a ...case down to Santa Ana. Not to us. Nobody has said that we have
to take any action right now. Why are we doing it? Why are we having this meeting now?
Why can't we have this meeting in January or later on in December?
C. Attorney: This meeting is to determine whether or not to take any action. It is not,... it
is the choice of the council to decide whether to take action or not to take any.
Nunez: Mr. Wallin, are you comfortable..
C. Attorney: The fact...
Mayor: Let him finish John. Go ahead.
C Attorney: We have an election in the process which may or may not be valid. And it's
up to the ...because of the petitions. Let me explain the decision first. The decision ruled
that the Voting Right's Act, Federal Voting Right's Act applies to recall petitions. In
other words, recall petitions have to be in the languages of foreign speaking people in the
jurisdiction. We have already entered into a consent decree with the DOJ. Says that all of
our election materials will be printed in English, Vietnamese, Chinese and Spanish. The
recall petitions were distributed only in English and the City Clerk's and City Attorney
office had approved those recall petitions because at that time it was believed those were
recall petitions and not election materials. We could go, the Ninth Circuit ruled recall
petitions are indeed election materials. Thus we are in a quandary that says that we have
to have all our materials in those four languages. We have a law, that we have petitions
before us, which may or may not be valid. Because the decision did not say whether the
election would be good or valid, not withstanding the invalidity of the petitions. We
don't know the answer to that. The only people who can give us that answer are the court
system.
Nunez: And exactly.
C. Attorney: Systems and particularly the Federal Court.
Nunez: Exactly, and why I'm asking you. Why don't we wait and see what the court
says we have to do. Why do we have to..
Page 3 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
C. Attorney: That's one of the options available, is to do nothing and allow the courts to
make that determination. If somebody, a candidate, a recallee or anyone else wants to go
into court and make that decision. That's one of the options available... another option
available is to rescind the election and let somebody else take the ...? The third option is
to suspend the election and proceed to go into our Federal Court which has retained
jurisdiction on our consent decree and determine what the Federal Court.. to get and
answer as to whether or not we should be processing this recall given the defect in the
petitions.
Nunez: Have you in your mind defective. Nobody has said the recall petitions in the City
of Rosemead are defective.
C. Attorney: The Ninth Circuit has said that petitions under the Voting Rights' Act,
which is the Federal law under the Voting Right's Act, those petitions were supposed to
have been in four languages.
Nunez: Okay. So that means that the City of.. what city do you live in?
City Manager: Huntington Beach
Nunez: Hungtington Beach; today, if they have a reelection, a recall election, they would
have to stop the recall election and say get it in all the different languages.
C. Attorney: As I said. The Padilla case did not decide that issue. And that is one
possibility. The other possibility is they could say even though it violated, violated
federal law, go ahead with election anyway. 1 can't give you an answer. Only a court can
give that answer.
Nunez: That would only be apply to some councils, not to all ... some city councils. It
doesn't apply to the whole state. Does it?
C Attorney: Yes. It does apply to us. Any jurisdiction which has a 5% non English
speaking...
Nunez: Not 17% percent
C. Attorney: No, five percent.
Nunez: So that means in the election that we just had not too long ago in the State of
California recall... For all these proposals that ... were out there. They went out in four
different languages so therefore that should be on the ballot.
C Attorney: The municipal election is what brought on the federal lawsuit and led to the
consent decree. In our last municipal election we did not have all our material in those
four languages. And the consent decree requires it.
Page 4 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Nunez: I'm of the understanding Mr. Wallin that there was a conversation between our
city attorney and the Dept. of Justice. And the question was ask. What do we do with the
petitions. And they said the petitions are not to be .... out?
C. Attorney: That's correct. They said that the petitions are not election material.
Nunez: So..
C. Attorney: They did not foresee the Ninth Circuit decision any better than we did.
Nunez: Okay, so tell me, how are we supposed, how is the SOC group, how could they
foresee to ask the City Clerk should we do them all in four languages? Or, better yet, in
sharing the responsibilities we have. Why didn't we say to them. Do them in four
languages.
C Attorney: We could have done them in four different languages and taken care of
problem. There was no way we could foresee the decision that would come down.
Nunez: You know, I think. I can't believe that you are going in this direction as the city
attorney. I would believe that right now you should be defending your own work. As the
city attorney you should be defending the work that you did and what you ask them to go
out there and do not stop an election right now. If the courts tell you - this ruling also
applies to Rosemead, that's a different story. Has any court told you or the City Manager,
or the City Clerk, or any judge, or any court. Has anybody said to the City of Rosemead
you should not have this election right now?
C. Attorney: No.
Nunez: Why are we having this meeting?
C. Attorney: To discuss whether or not we should take any action in light of a decision
that says the petitions are invalid.
Nunez: If they can say that they are not valid...
C. Attorney: As I said before. The court case does not tell what the impact of what the
invalid decision would be.
Nunez: Let's wait and see what they tell us.
C Attorney: My job is to give you the options that are available to you, given a decision
which could have a real impact on a recall. Now there is people out there, candidates,
recallees, spending money, the city is going to be spending money for an election. And
one of the options is to suspend it and try to get the answer to that question. Prior to
everybody going out and doing everything they have to do in an election. That's one of
the options. Another option isjust to cancel it.
Page 5 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Tran: We're spending money anyway in your resolution which states we are going to pay
the County regardless of whether there is an election or not.
C. Attorney: We will pay the County for the work they have done to date. The County
expenditures occur on election day, when they have to hire all the people to do everything.
Tran: And your fees as well.. the city council. And we also retained special council. So
there are costs involved.
C. Attorney: There are costs involved. The question...
Tran: I've never seen a city attorney jump so fast on a ruling without actually doing the
homework on this.
Taylor: Mister Mayor. In all fairness to the City Attorney, the fact that we are going to
have to start ... I don't believe the ... our contractor with the election materials - have they
translated and started to do the printing yet?
City Clerk: Not to date.
Taylor: Okay. So they have not started that cost yet. Once that begins, then we start
paying more bills. And we don't know what the outcome is going to be on it. That was
part of the reason. Let's find out before we continue spending the money and then the
judge just like they did in the Santa Ana court case. While everything is out and you are
just a few weeks before the election. Two weeks, four weeks, it's too late. We can't get
anything back in time for the election, so just go ahead with the election.
Nunez: Is that a problem?
Taylor: Yes, I want to find out
Nunez: Who is that a problem for? It's not for me and it's not for John Tran.
Taylor: Of course it's not for you.
Clark: Mr. Chairman. Could I in here real quick.
Taylor: Mrs. Clark has something.
Mayor: Let's keep it down, Let's keep it down okay.
Taylor: Mr. Mayor...
Mayor: It's not a free for all. It's a meeting.
Page 6 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Taylor: Mr. Mayor
Audience: We can't hear Maggie
Clark: Is this on
Audience: We can't hear you still
Clark: I would just like to say something and clarify actually that each one of us sitting
here at the dais is named in a lawsuit. The Dept. of Justice came down on three cities,
Azusa, Paramount and Rosemead and I have no idea why they came down on those three
cities out of the 88 in the county. I don't know if somebody turned us in or what. But, it
says, it states in the lawsuit: Defendants, Jay Imperial, Gary Taylor, Margaret Clark, John
.Tran and John Nunez, members of the City Council, each of defendants, reside in
Rosemead and are sued in his or her official capacity. And then our memo for tonight
says that, basically, paraphrasing, that as long as we act in good faith we are not sued
personally. In other words, when you are on a board and you act in good faith, you won't
lose you house over it. As long as you are acting in good faith. This is the struggle that I
have with this is; we are named in this lawsuit and the Dept. Of Justice is watching
everything we do as far as elections. Why was Rosemead, why not Monterey Park, why
not Alhambra, I don't know. But, because of that I have to act in good faith. It's Federal
Dept. of Justice that is watching us. And it is the Ninth Circuit Court of Appeals which is
a Federal Court which has ruled this. (Senator Romero Arrives). This has been in flux
since. I believe the gentleman's election of Native Lopez was in 2002. And there was
appeals. There was a lower court that ruled in his favor. And then the Ninth Circuit over
turned that just 12 days ago. So I have to look at that as I am being sued by the Federal
Government basically. I have to see if this applies and if I knowing, once you know
something, you have to act on it. Thirteen days ago, we did not know that this was
coming down. Once you know, you have to act on it. And just to clarify on the issue of
whether the Ninth Circuit applys to everybody in the Ninth Circuit. If you will recall 3 or
4 years ago, Alejandro Gandara when you brought the suit about the invocation issue
with... in conjunction with Iry Rubin and the Jewish Defense League and then you took
it to Burbank. And it was that you could not have invocation where you closed your
prayer in Jesus' name. And you won that.
Alejandro Gandara: I went all the way to the Supreme Court after the Ninth Circuit and
you still did not comply then.
Clark: Okay. What I am trying to explain is it does apply to us. What you're just saying.
Alejandro Gandara: Yes, it does and it did then and you did not comply.
Clark: Well, I complied tonight. If you will notice when I close in your name, not in
Jesus' name.
Page 7 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Alejandro Gandara: No, I meant when it was in the Ninth Circuit, before I went to the
Supreme Court. I went all the way to the Supreme Court.
Clark: Yes, They refused to hear it.
Alejandro Gandara: They did not refuse, they let it stand.
Clark: That's semantics. They let it stand. I mean they let the Ninth Circuit stand. So as
a result, every city in the Ninth Circuit has to comply with that ruling. Correct?
Alejandro Gandara: Yes, it does.
Clark: So that is what I am just explaining is that once the Ninth Circuit rules on
something, everybody has to comply. So that is where I am coming from.. We are in the
Ninth Circuit, it is a Federal Court and they have ruled differently than anyone else on
this...
Alejandro Gandara: My suit was very very clear. Sectarian prayer did not have to be re-
interpreted what that meant. In this case, nobody knows what this means yet.
Clark: I don't know if you have read the thirteen or so pages. I have read them all twice
and it is very clear to me that is applys to the petitions in being in the other languages. So
I have to act in good faith on that and I intend to vote to have it looked at by a federal
judge to see if we are in compliance. But, that is .. I just wanted to explain that we are
being sued. My name is on the lawsuit. So this is why it's not....
Nunez: I beg to differ on this. On a certain point you just said. I think it did come down
that they named all five council members. Even myself and John Tran who weren't in
office.
Clark: I know. that is kind of awkward.
Nunez; And you, I am not sure whether it was you or Gary, had went and ask Peter to
take our name, or Bob (Kress) to take our names off the lawsuit. And I think that was
accomplished. Is it not so? So that the only two names that are standing on the lawsuit is
the City Clerk and the City Manager. Is that what happened?
City Attorney: The councilmembers are not named individually in the Consent Decree
but the City Council is a part of the Consent Decree. So the City Council has to act in
compliance of the Decree.
Nunez: The City Council as a whole, but not as individuals.
Clark: I have it right here. I don't know what this is....? Is has nothing...
Nunez: You remember you did not feel that your name should be on that.
Page 8 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
Clark: No, you were the one because you were not on the Council. And we agree.
Nunez: I don't care. We are the one's that have to correct it. And there was a
conversation, and maybe I am wrong. Maybe it was not you that ask. But somebody else
ask on the Council ask to have that change and it was done. It was actually moved and
go ahead and move it out of...our names out of the lawsuit that's when they added or we
just kept the City Manager and the City Clerk's name on it.
Tran: And...... in the Consent Decree no where does it stipulate that a recall election
should be in four languages. And this was given to us Sept 8` After we started the
petitions. After the Save Our Community residents started it. The ruling from the
Appeals Court did not get voted on until November 23 after the Council had already
decided to call a special election. So I don't think this does affect us in any way shape or
form. I think this is, you know, and I think that our city attorney needs to look more deep
into this before he calls for a special meeting like this in 24 hours.
City Attorney: I did not call for a special. But I do see a need to make a decision on what
to do about the recall petitions. I can't give you an answer. The only body qualified to
give you an answer is the court.
Tran: So why don't we wait till the courts, let the courts decide. Continue the election
and let the courts decide.
Nunez: And if you really want to know right away. There is a procedure that a couple of.
Councilmembers can go out and pay a lawyer to go out there and take care of it. The
people ...they know the process. They know it very well. And they, you know, now, it's
not that they-there is a legal team. Mr. Taylor was quoted in the newspaper him having a
legal team. So there is obviously there is lawyers and stuff like that, can... I hope to go
and take care of..go to court and take care of it. The fastest way to get it done.
City Attorney: I guess it can cut three ways. You can ask some people, the people that are
being recalled to challenge it. You can cancel the election and ask the recall proponents
to challenge it. Or the city can take it on its own to go out there and determine what the
answer is. Those are three alternatives. I'm not telling you which one to take.
Nunez: Let me ask you about that alternative. The last alternative you said. You just.
just so I can get it straight, okay. First of all, there are several reasons why we have
elections, is it not true? One of them is that we have scheduled elections. So we have
that scheduled election. You know, you ask us to have a resolution to in a timely manner
to call for that election. Because election time is coming. January 7 `h is not, excuse me,
February 7 th . I'm just trying to move it up. February 7 1h is not the scheduled election. So
therefore you did not come to us and say we need to do all these things to have an
election on the 7` February 7` What was the reason that we have to do all this work to
get an election on February 7`
Page 9 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT B
City Attorney: State law requires that when a recall petition is certified that within some
number of days. 120 days I believe. On a recall election, it can't be less than 89 and more
than 120.
Nunez: Okay, So there is a petition that was gathered out there that forced us to have this
election. Am I correct..?
City Attorney: Yes.
Nunez: And so the authority to have this election, that we have to hold this election is the
people that signed the petition. Is that correct?
City Attorney: Yes, the fact that the petition was certified.
Nunez: What authority do we have in regulations to say that you're wrong, we are not
going to have this election.
City Attorney: There is case law authority that says when there is ... the legislative body
that calls an election also has the power to rescind that election. In this case...
Nunez: For what reason?
City Attorney: In this... for whatever reason..
Nunez: In case, what would...
City Attorney: The reason here is that the petitions.
Nunez: No, I don't want to know what this reason is.
City Attorney: The petitions that were circulated were in violation of the Voting Rights
Act.
Nunez: Let me ask you. I'm sure that the reason that Right is on the books, is not
because we did not have the petitions signed in four different languages. Are we pretty
sure that that didn't happen? The reason we....
C. Attorney: We're sure the petitions were not in four different languages.
Nunez: Okay. Hold on. Peter just listen to what I'm, let me explain it a different way,
okay. There is a provision in law that allows us to recall elections. Okay, you said so.
Okay. Did that ... was one of the cases, in other words when you said, if you look at it.
These are some of the reasons why you can cancel an election. Okay. And what and
maybe you can give me one or two, besides this point. Because there has never been a
time, or maybe there has been a time. That a city has recalled an election or rescind the
election because the petitions were not done in four languages. So what are the reasons
that you normally rescind an election for.
Page 10 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT
C. Attorney: You can call an election on a, say a measure, approve a measure, perhaps
get the voters to approve a sale of bonds. Then the City Council decides, hey wait a
minute, we don't want to have an election, we can rescind it.
Nunez: I understand that, okay.
C. Attorney: What you are saying...
Nunez: Far cry from this...
C. Attorney: It may be a far cry.. What I am saying is that the petitions that were circulted
do not meet the requirements of the Voters Rights Act and I don't know if that involves
these petitions or not.
Nunez: I don't think we know that that's true. Because you can't say that for sure.
City Attorney: I can say...
Nunez: You can't be 100% sure
C. Attorney: The Ninth Circuit has said that the petitions that are circulated have to be in
four different languages.
Tran: Are circulated
City Attorney: Ours were not circulated in four different languages. What's the impact of
that...
Tran: From what date?
Nunez: From what dates on? What date? Starting now? Starting four years from now, so
we can go back and get Grey Davis back on...
C. Attorney: It's really on something happened two years ago. What you are saying it
only has prospective application. That it only applies to petitions circulated on or after...
Nunez: That's a dollar word. Tell me what that means.
C. Attorney: That it only applies, what you are saying it may only apply to petitions that
were circulated after the date the Ninth Circuit.
Nunez: Do we know for sure?
C. Attorney: As I said, we don't know the answer.
Page I 1 of 52 Taylor Errata — 12 -05 -05 ATTACHMENT
B
Nunez: Then why are we having this meeting? Why are we having this meeting? Why
don't we wait until they tell us what exactly we should be doing.
C. Attorney: That is one of the options.
Taylor: Mr. Mayor
Mayor: Yes -
Taylor: I believe that there are a lot of people that want to speak on this.
Audience: We can't hear you.
Taylor: I believe there are a lot of people that want to speak on this and I would like to
hear from them before we just have a conversation up here without them participating.
C. Attorney: Do we have any request to speak?
C. Clerk: The first speaker request form is from Senate Majority Leader Gloria Romero.
Romero: Good evening. I just really should say here we go again. I am asking you to
think very carefully about any action which you may take this evening. An action to
rescind this special election is simply slamming the door on democracy and slamming the
door on the people that you represent, that we represent here in this city. Earlier, and let
me go back. We were here a year ago. It seems almost to the date. You were here a year
ago and at that time the constituents of Rosemead ask you, they brought in petitions
asking you at that time to have an election to let the people decide. Your action you
through the petitions in the trash can. To do this again is essentially throwing much more
than simply petitions. You are now throwing the entire election into the basket and
democracy will not allow you to do that. You are not a court of law. You may have an
opinion and with all due respect let's test that opinion in a court of law. I would point out
in fact that there were many questions in this special election that millions of Californians
just voted on. That was the special election in November. I contested the legality of
Proposition 77 but you know what: the Chief Justice of the Supreme Court of the State of
California didn't throw that election out. He ruled as did the Justices to let the election go
forward and if there was a challenge it would be after an election. Not before an election.
If the Chief Justice and the California Supreme Court can do that with all due respect, I
don't think there is anybody here with the credentials of the Chief Justice. Let the people
decide. And I would ask should there be a desire to contest this and with all due respect
Mr. Imperial or Mr. Taylor, as private citizens on your own dime and not on the dime of
the taxpayers of the City of Rosemead. Should be able to go to court, it is your
constitutional right in order to challenge that. But that should be out of your wallet, not
Rosemead. There are many people who wish to speak this evening. But I do not think,
and first of all I applaud you being concerned about bi- lingualism and multi -lingualism in
the City of Rosemead. However, 1 have to add, it is with a bit of irony and a great deal of
hypocrisy and with all due respect that is all I'm going to say. You can read between the
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lines there. The other thing I would ask you to think about and do, especially to the
Mayor and to the Mayor Pro Tem, who incidentally happen to be the two names whose
names are up on the recall ballot. If there is to be a vote this evening take a look at state
law. Because you have a financial interest in the out come of this special election. That
the voters of the City of Rosemead have forced upon you. Recuse yourself from any vote
this evening. Because to engage in a vote tonight to bring forward an election that I
believe a conflict of interest. Your, don't let that be another lawsuit that the people of
Rosemead will have to fight. So, this is about democracy and again too. Had you
listened to the people a year ago and simply taken their petitions and the spirit of their
request maybe we would not be here this evening. But we are here this evening. Cancel
this sham meeting this evening. This is a joke and furthermore what's this all about?
That this is about democracy and the people's right to speak, but we know it's much
bigger. We know its' still about the Wal- Martization of the Rosemead economy. And
simply if you have the courage to fight for democracy and a bi- lingual front, then simply
have the courage to put that question to the voters. And ask the people do you want a
Wal -Mart or do you not. Because I think you know the answer. I think you are
projection the outcome of the recall election and that is why you are engaged this evening
in this sham meeting. Thank you for having me come forward.
- My name is Kenneth Pike
Audience: Has his name been called.
C. Clerk: Actually we do have speaker request that came in order.
Nunez: Okay, and who is speaking next?
C. Clerk: Mr. Ruiz is the next speaker.
Nunez: Can we recognize the next speaker in order
Pike: I think I put my name in before there was any there.
Nunez: Mr. Mayor. Is he out of order, or is not out of order?
Mayor: I'm trying to find out if you give me a minute. is his name in the list?
C. Clerk: The next speaker is Victor Ruiz and they are all in order to which I received
them.
Mayor: Okay. Then you will have to wait until it is in order.
Mr. Flournoy: I was third and Mr. Pike was second.
Bevington: Come on Jim, get out of it.
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Mr. Flournoy: It's true.
Mayor: Okay.
Taylor: Thank you, Mr. Flournoy.
Mayor: We do it in order. That's the way this meeting is set up.
Pike: Well, we had one speaker already. So me being second would be my turn wouldn't
it.
Mayor: Well we...
(Transcription of Mr. Pike not completed)
Audience: Cross talking
Mr. Ruiz: He said he would forfeit his time and let Mr. Pike speak.
(End of Tape 1 A)
(Nunez: confused about recall —Pike ..)
Start Tape 1B 3%
M. Shinen: I was beginning to think he (Mr. Pike) was your legal council. My name is
Marlene Shinen, I reside at 8447 Dryer Lane, South San Gabriel. For almost 3 years now
the people have spoken clearly against Wal -Mart. We are gathered here tonight because
we are about to lose our election. This city council, five people, are here to decide on
passing a resolution to cancel the election. If the people will be denied their right to vote,
Wal -Mart knows if the people vote, they will lose. Has the Rosemead City Council
listened to the people? Yes, they have listened to the people. They have listened to the
people with the purse. The people who in March 2005 open that purse and put in over
$75,000 dollars into the Rosemead City Council election. How much of that money was
given to reelect councilmember Margaret Clark? Margaret Clark is well versed in
environmental safety and must know that routine exposure to dirty air during childhood
actually harms lung development. Leading to a permanently reduced ability to breath
And in the last few years asthma chronic usually an allergic condition causing difficulty
in breathing has increased in children. Yes, she is sure vote for Wal -Mart. She voted for
the Wal -Mart project directly across the street from Rice Elementary School.
Clark: Mr. Mayor, are we going to stick to the recall. Both sides
Mayor: Yes
Shinen: A large playground just 83 yards away.
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Mayor: Let's stick to the issue, Okay.
Shinen: and is adjacent to the project parking lot. Over 922 parking. This is about what
we are here for. Councilmember Clark must know that the vehicle exhaust fumes from
the parking lot and toxic emissions from 15,000 daily vehicle trips and the dangerous
diesel air pollution from huge tractor trailers will blow right onto the Rice Elementary
school playground and athletic field. According to the EIR study of wind flow. If air
flow is above unsafe emissions standards in the San Gabriel Valley then why increase it.
Next to an elementary school playground. Why not reduce it and protect young children?
It is because Wal -Mart has opened their purse. Councilmember Clark has said that the
city needs the expected $500,000 dollars from Wal -Mart. So betray the children, betray
the elderly, betray the sick and the infirm, betray the homeowners, betray the
neighborhood, for it is at their expense that the city may receive increased revenue. It's
all about money. Another person with a purse made a tragic decision when he settled for
30 pieces of silver. He betrayed more than just the people. When he saw the
condemnation that resulted he was remorseful. Judas returned 30 pieces of silver. But he
did not confess that wicked love of money which is the root of all evil. Human nature
has not changed. Yes Councilwoman Clark has the deciding vote tonight. If she has heard
the voice of the hurting people she will vote her conscience, her sense of right and wrong.
Or the richest corporation in the world has convinced her to betray the trust the people
have invested in her. She will decide, will she vote for Wal -Mart and that is why we are
here.
Clark: I need to clarify something. First of all, I would not take a penny from Wal -Mart.
I have no control over the PRIDE group that is in favor of Wal -Mart. And secondly, I
have some people here that can attest after the election I saw the turmoil that was
happening in our city and I wasn't sure anything was worth the turmoil that we are going
through. I went to an opponent of Wal -Mart and I said why don't you just put it on the
ballot? We will put it on the ballot and if Wal -Mart wins that ballot issue will you back
off. And back off the recall and let Wal -Mart come. I mean you've always said let the
people decide. So that is what I was offering. And that person went to the leader of the
anti -group and the answer came back, no. We can't do that. We will not do that. So a
couple weeks later I said no string attached, okay. If we the city council puts it on the
ballot, we have to do a full blown EIR per state law. If the people put it on you can do it
much faster and I said while you are doing your recall petitions have behind your recall
petition a petition on whether we should have a Wal -Mart or not. It would be very easy
and it would not cost you anymore time to circulate that. And I was totally blown away
when the answer came back after, when Mr. Tran you and I talked about it even.
Tran: You talked about Wal -Mart again.
Clark: This has to be clarified because Senator Romero brought this up and I was
challenged by Ms. Shinen. But, the question on whether to put it on the ballot, that needs
to come out. So I was to ... and A `m almost finished with this. But 1 was totally blown
away the answer came back after these people talked to the leaders of NO on Wal -Mart.
No, we will not do that. So I to this day am totally flabbergasted as to why that was not
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put on as an issue. Then you could say, okay people don't want Wal -Mart or the people
do want Wal -Mart.
Audience: ??
Clark: Well Okay, if that's your reason. But don't tell me we didn't do it. I offered. 1
offered two times.
C. Clerk: Next speaker is Steven Ly
Steven Ly: Rosemead Pl.
Mayor: Give him some courtesy, please.
Ly: Thank you, Jay. That's okay. Let them speak, because I'm speaking my piece too.
Fact of the matter is this, I want you guys to abide by the Consent Decree. I want you
guys to understand that certain people were lied to during this election. And you must
allow... sorry- go ahead, get it off your chest first because when I'm saying my piece, I'm
saying my piece. I want you to abide by the Consent Decree because it's the right thing to
do. These petitions were circulated in English only. These petition were done incorrectly,
suspend the election for now. Get a correct answer from the court. Not from the
California State Supreme court. Ms. Romero, thru the Federal Appellant Court. The one
that presides the State Courts. I want you to get an honest answer from these courts.
Figure out the right way to do it because I don't believe it is. I mean, time and time again,
I've come before this council to tell you the story of my mom. Talking to
councilmembers about my mom and what happened to her. That's okay. Jay, don't worry.
Because you know what, I am saying my piece, go ahead and say all you guys want to
say.
Audience: We all know your mom loves Wal -Mart.
Ly: Yeah, my mom does love Wal -Mart and you know what the fact of the matter is you
did not tell her about Wal -Mart because of which I'm here today. I was not involved in
this process until my mom was lied to. I did not want to be a part of this process until my
mom was lied to. Fact of the matter is you violated the democratic process. Ms. Romero
comes in here and talks about the democratic process. Mr. Tran talks about the
democratic activism in the newspaper. About the democratic process. You have no
understanding of what the democratic process is. The democratic process is about letting
everybody, no matter what language you speak in and who are citizens of this country
have the right and have their voices heard correctly.
Audience: inaudible
Ly: However, you did not do it correctly. You employed shady tactics. The fact of the
matter is, if we want to talk about previous elections. And I did not want to do this, I did
not want to talk about Wal -Mart today. But since we've started this path. We'll talk about
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the fact that in the last previous election the opposing factors took over $92,000 dollars in
union money. The fact of the matter is people like Judy Chu and Gloria Romero, Judy
Chu especially in the last six months has taken over $14,000 in union money. Don't tell
me that this is not a union issue. Don't tell me...
Audience: Is Wal -Mart union.
Ly: Wal -Mart is actually union. You have no idea how much the union..you have no
idea..
Clark: Jay, We need to keep it off Wal -Mart.
Ly: I will do so. Go back to talking about community leaders because Ms. Romero is here
right now. I have a bill in my hand that Judy Chu once proposed two years go.
Audience: (Estelle Holtz) Judy Chu is not here.
Ly: Well, let's see. She came out a couple of days ago supporting your 2 candidates for
recall. Gee! I wonder what she has to do with the recall election?
Tran: Is she being recalled?
Mayor: Judy Chu is not here. But her aid was just recently.
Ly: Let me go back to my point. Judy Chu recently wrote a law, basically says if you
negotiate in a certain language a car dealership, negotiate in a certain language, that
contract has to be in a certain language. Now look at this bill right new. Guess who it's
co author is..? State Senator Gloria Romero. I will just say this..., Gloria Romero and
Judy Chu should be coming out here right now saying that you must abide by this
Consent Decree because it was not multi - lingual. Mr. Tran and Mr. Lo, who's right there,
has stated previously that there were not enough multi - lingual speakers at polling places.
How come not other petitions themselves. How come petitions aren't in english. The
fact of the matter is....? The fact of the matter is, these petitions should be written in the
language of the people. They should be written and followed by the Consent Decree. I
ask the Council today. The fact of the matter is I am a Rosemead resident, I deserve for
my voice to be heard. That lady came up here from So. San Gabriel saying that Maggie
you should abide and listen to the will of the people. Listen to my voice. I am our boss. I
am each one of your bosses.
Audience: inaudible disruption, - -cross talking.
C. Attorney: Call the next one.
Mayor: Next speaker please
C. Clerk: Next speaker is Brian Lewin
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Levin: Good evening, Brian Lewin resident of Rosemead, 9442 E. Ralph St. Tonight I
am primarily going to be addressing councilmember Clark, because all though I believe
that Mayor Imperial and Mayor Pro Tern Taylor do have a clear conflict of interest in that
they do a financial invested interest in this. I'm hoping that they will rescue themselves. I
suspect that they will not and I believe we already know Councilman Tran's and
Councilman Nunez's opinions on the matter. Therefore, I would like to appeal to you in
a sense of fairness and propriety. We have 4200 people who signed these petitions. 4200
people that signed these petitions. These people deserve to be heard. As the person
preceding me noted, they are your bosses too. 4200 members of our ... who are also your
bosses said we want the right to do this. I understand that the Ninth Circuit Court of
appeals has ruled on one petition in one case. However, whenever you have a ruling like
this there is always fallout. It takes a while for everything to get sorted out. It doesn't
suddenly have the decision and everything is magically sorted and everything is clear. It
takes a while for this to happen. Some cases may apply, some cases may not apply. Ex
post facto for example, would it apply to something that has been set in motion prior to
the time that the decision was made. And it may or it may not. In this case I think the
correct thing, the honorable thing to do would be to allow the election to proceed. And
let the people say their voice and if they choose to retain Mayor Pro Tem Taylor and
Mayor Imperial, fine. And if someone wishes to challenge the election on the basis of
that law, they may do that at that time. If Mayor Pro Tern Taylor and Mayor Imperial are
replaced and they wish to challenge or some of their allies wish to challenge it. Fine, let
it happen. The fact remains these petitions were created, circulated, and approved by the
LA County Registrar of Voters by the laws that existed at that time. Therefore the
election should proceed. Any liability for this I strongly doubt would rest upon your
shoulders. Because this is something which has... the proper procedure has been
followed and then you would be able to have as your defense should it arise the
procedures as they existed at the time were followed and there was no clear case of
violation and no clear verifiable reason to cancel this election. Because as I noted a very
portion of the electorate has spoken and has requested this election. And 1 urge you
strongly to listen to your conscience, listen to the people and do what is right. Keep this
election.
Mayor: Thank you for your comments
C. Clerk: Next speaker to Ed Stepanen (tape 1 B at 50 %), not transcribed)
He went out alone and got about 200 signatures.
50% Tape 1 B
C. Clerk: Polly Low is our next speaker.
Low: Good evening, Polly Low, 1039 L Presa, Rosemead. Good evening,
Councilmembers. I just want to kind of re- emphasize what has already been said. SOC
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filled the recall paper work based upon the rules and regulations that they knew at that
time and we really did and we did the best we can. (transcribing not completed)
65% Tape 1 B Victor Ruiz (not transcribed)
70% Tape 1 B Alejandro Gandara (not transcribed)
85% Tape 1 B - Jim Flournoy- Secretary of S.O.C.
(He invited Romero and Chu to meeting)
95% tape 1 B C. Clerk: Next speaker is Estelle Holtz (SSG)
Yes, you know I don't think that Peter had agreed? To open up when he said let's look at
the Santa Ana thing. I think Wal -Mart is being pushed. But, no way Wal -Mart wants
this election. Wal -Mart knows they are going to lose big time on February 7th. And
don't smile Peter because you know very well why we are here. Because it has come
down that if we stop the election, we'll maneuver and maneuver until we get something
on that lot. Some irreversible decision made. It is nothing but a stall tactic by Wal -Mart.
Now you guys have carried the water for Wal -Mart long enough. For God sake don't go
out to the public as again saying no to the people who voted. Because that is what Wal-
Mart is asking you for again. The people in Rosemead worked hard, yes I am from So.
San Gabriel, I could not walk. But they came back tired in the hottest months of August
and July. The almost gave up about 2 or 3 months before but nobody would let them.
And so they went on to get almost a thousand more votes than they needed. Because
people want the right to vote. Rosemead is a new city it's very slow coming into the
process. It has a very low voting. So people are getting interested, they want to vote.
Nobody wanted to recall two people. But they could not wait for the next election to get
two more no's on Wal -Mart. They could not wait. So that's you just happened to fall in
the wrong category. You had to go in order for the people to get four votes against Wal-
Mart. Super majority and they are long gone. Please think of the people of Rosemead,
you carried water for them long enough.
Start tape 2A
Speaker Larry Bevington
Bevington: I live at 8372 Rush St. One thing about coming this far behind on the agenda
most of the things you think are important say have been said. My? in this case I'll just
make two comments. What I had written out here. Again I want to make sure that its
clear the City Attorney and his memorandum said whether or not the defective petitions
would invalid the election was not answered by the Padilla case. So, it really didn't speak
to these things except that one Santa Ana School Board election. I've always been
interested in the desenting vote on a point like this. 1 going to read a few of the
decending votes. Points that were made by the ??judge. In effect and I paraphrase some
of it. Not in legaleez. The signers could simply refused to sign. I don't understand, they
were not denied anything. They had that right, I don't understand it. The signers could
have sent in a postcard and requested removal from the petition. Which was actively
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promoted and terribly unsuccessfully as you know. The signers could have voted no on
the election in the Santa Ana case. There are two other Circuit Courts that decided the
same kind of an issue and as so often happens the Ninth Circuit Court is the most over
turned count in the United States. And they had disagreed with these two other courts.
Both of these cases said petitions were a product of the people and therefore do not come
under the wording of the Voters Rights Act. Another thing they made important is that
the laws in the states and rules in the States of California are not much tougher than most
other states. And they prescribed by law what you have to do and it also says that
petitions must be handed in and reviewed by the governing body and must be in order
prescribed by state laws. What I am really trying to say is we put in a petition. I put in a
petition for a ?? altered sent back to the city, had to be changed. And many things added
to them and we circulated those petitions as approved by this city. Another thing they
brought out was somehow this opinion basically in opposition to the peoples right to
petition their government. The ? now if this is allowed to stand as full wording as it is in
and the law that you have all these things on the page that people sign. We were almost
at a full page putting the notice and the replies and the ? parties on one page and were
restricted on a whole sheet of paper down to five signature pages and is you have got to
go to four languages you can see what that does to a petition. The rules of the city, State
of California come out to be continued, it would become so arduous and expensive and
questionable how you put one of these together. And it would almost be impossible to do
an initiative a referendum or a recall or that kind of petition. Two others points that he
made or said. The real purpose of the petitions is get as many people, 20% in this
situation to sign the petition. And so it is their purpose to reach as broad a population as
possible and have a large number and certainly is not to exclude a group by a language
barrier. As it turned out we found some people some people that need the Spanish or
other language interpretation. We then went back marked those ? on our list and went
back and talked to them in their own language. So it is not a case of denying their right
to know or vote on anything else. In this case we did as good ajob as we could. A ? has
to be reached there has not been any notice of intention to sue the city over the issues of
languages... Therefore any action at this time is presumptuous. All the action the city has
proposed did work in accordance with the law at that time. And the reversal...? is
certainly untimely and most people would be .. You do the laws as they are and to go
back and say I`m going to change the laws, after you are 90% thru the process is not
proper. If the City Council is going to take an - ...like this, it would be proper in this sense
to ...at such time there is a threat or notice of proposed suit and therefore the city council
should not act on this tonight. Let it run its course. And if any of these things happen at
that point they can make a decision on what they are going to do. Thank you.
C.Clerk: ? Choi ?
Choi: Let me first say that Assembywoman Judy Chu is involved because she represents
the citizens of Rosemead.
Mayor: Can you give us your address and name please.
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Choy: ?? I'm representing Assemblywomen Judy Chu. Let me say that Assemblywomen
Judy Chu is involved in the this because she represents the citizens of Rosemead and she
believes in the democratic process. I will be ready a prepared statement from
Assemblymember Judy Chu of the 49 Assembly District. "I strongly oppose the motion
to cancel the February recall election. It is not the place or the jurisdiction of the City
Council to cancel the recall. Rather it is the perveiw of the courts. I strongly support
going forward with the will of the people to address the appropriateness of that
representation by asking for this recall election. The recall petition was approved by the
Rosemead City Clerk and the Los Angeles Registrar Recorder. Let the recall go forward
then let the court decide if it follows the letter of the law. The Council's job is to set
policy not to adjudicate it. The motion to cancel the recall is unfair and unpressidented
effort to deny the residents of Rosemead the opportunity to express their concerns and
priorities in this community and stifle the democratic process. Thank you.
C. Clerk: Mr. Floumoy -speak -Jim
He already submitted a card.
Taylor: Yes, he already spoke.
C. Cerk: Nativo Lopez
Lopez: Good evening. Honorable Mayor, Honorable councilmembers. My name is
Nativo Lopez. I'm the National President of the Mexican American Political Association
and the National Director of ?? Latino Americana (group). At the risk of inserting myself
in the local controversy of the current recall election process. Permit me to share with
you my perspectives on the proposed resolutions to set aside the recall election in the
City of Rosemead. I've heard that my name has been used in vain in relation to the recent
Ninth Circuit Court decision on the litigation Padilla vs. Lever of the Orange County
Registrar of Voters. This particular case arose as a result of fraudulent and illicit election
activity conducted by professional paid signature gatherers who collected signatures
disceptively on recall petitions to remove me from the Santa Ana School Board in 2002
and 2003. The petition was certified by the Orange County Registrar of voters in English
only while some 25% of the electorate worked and are today are non - english speaking.
Spanish and Vietnamese preference. That election was bought and paid for by
antibilingual education multimillionaire advocate Ron Unz. The author of proposition
227. The Anti - biligual Education ballot initiative. The recall election in Santa Ana
resulted in the violation of the civil rights of non - English speaking voters and my
removal from office due to my principle advocacy for parental choice of bi- lingual
education. The Ninth Circuit Court recent decision in favor of the plaintiff Padilla is a
vindication of the allegations of fraud that we made in 2003, 2002 and 2003. What an
irony that our fight for bi- lingual education and the civil rights of non - english proficient
voters would be used today in Rosemead to impede a certified recall election and thus
subvert the will of the citizenry. I ask you council members to not stand Padilla vs. Lever
on its head and use the rigourness? of that cause to sustain the last breath of the political
life of recall targets. Let the will of the people be done. Proceed with the recall election
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allow the recall concilmembers to make their case before the electorate and let the rule of
law prevail. Thank you.
C. Clerk: Our next speaker is Julie Wang
Wang: Good evening. My name is Julie Wang. I live at 1012 S. Marengo in Alhambra.
First of all I want to thank everyone in the room. I sincerely mean everyone for being
here. We're literally witnessing a miracle. And for me personally it is a miracle because
it is a reminder for me as a strong advocate for democracy is indeed true and alive.
Everyone has sacrificed their time, their energy their money to be here. To stand up for
what they believe in and indeed that is what we are here about. For me, and I will give
you a personal story and a very short one. I know everyone is tired. For me, I think the
most deeply personal lesson I've learned in past four or five months of volunteering with
Save Our Community is from my mentor Estelle Holtz. Who I think to be our understudy.
Very often and Mr. Taylor your smile because I know she shared many wonderful stories
with me about her experience you and Mr. Imperial.
Mayor: Her what.
Wang: Her wonderful experience with you both
Mayor: Oh, Lets hear a clap. I finally did something right. Go ahead.
Wang: Many things right Mr. Imperial..? You know witnessing somebody that has never
run for office willing to sacrifice their time, her energy, her money, her family, to serve
our community is such an amazing experience overwhelming experience for me. There's
so few human beings like that on this earth. And they are indeed the once that keep
democracy alive. They have no personal ambition they have no personal agenda all they
want is social economic justice. And I need someone like that and standing aside what
someone like that just can't. I can't help but have tears in my eyes and want to work and
volunteer with her. She never claims to take me on as an understudy. I just proclaim
myself as one. I hope, for me the miracle tonight, perfect miracle if by some act of God
that a few months later a few weeks later I hear that Rosemead City hall had a meeting
and there is a four vote moratorium on Wal -Mat construction without really having the
recall election. To me that would be an act of God. To remind the people that Estelle
Holtz does have an impact and can live that thrive in the United States. Thank you very
much.
C.Clerk: Senator Gloria Romero. She has a speaker card.
C. Clerk: Ron Gay
Gay: Good evening. My name is Ron Gay, residing at 4106 Encinita Ave, Rosemead.
Mayor, City Council and elected officials here. I'm going to read you a little something
because I want this to go on the record and I will be giving you this document when I am
done with it, so bear with me. Ifs not too long. The December 5, 2005 memorandum
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from Pete Wallin, City attorney, asserts that because of the recent decision of Padilla VS
Lever the city is now faced with the prospect of spending pubic funds on a special
election that is likely to be determined invalid because it was initiated by petitions that
violated the Voting Rights Acts. The memorandum then concludes that the City Council
has two options. Both of which will expose the city to litigation. The memorandum
completely ignores 20 yrs of decisional law for the California courts that protects the
precious right of the voter in the form of referendum, recall and the initiative. Resolution
number 2005 -45 is enacted by the City Council would rescind a qualified recall petition.
In doing so, the resolution would disenfranchise the publics right to vote on a ballot
measure in violation of the California Constitution and California Elections Code. What
the moratorium fails to analize is that the Padilla decision was a post ballot challenge
properly brought by individual citizens with proper legal standing to seek a declatory
judgement. The citizens of Santa Ana initiated the effort after the result of the ballot
measure were realized. In contrast resolution number 2005 -45 is effectively a pre ballot
challenge. Okay. A pre ballot challenge to recall petitions that City Clerk has properly
approved as to form in accordance with election code 1 1042 (1) and to which the elector
has not had the opportunity to cast their votes. If in fact there is a chance of litigation
regardless the City Council would still be wise in not starting the fight. Especially at the
pre ballot stage of the elections process. Notably the Padilla decision references Election
Code 11042 (d) in the context of its post ballot challenge analysis. The code section
provides that and I quote, no signatures may be affixed to a recall petition until the
election official has notified the proponents that the form of the wording for the proposed
petition meets the requirements of this chapter. With this chapter, being chapter one of
decision two, of the California Elections Code. The limited discretion that the election
official exercises in a voter initiated recall petition is to insure the proper form of the
recall petition mandated by the California Election Code. As opposed to reacting to
alledged violations of the Voting Rights Act described by Federal Law. For the City
"Council to affirmatively to weigh in and effectuate a pre - ballot recision of the qualified
recall petition is unwise, illegal and pretext to slam the door shut on the electoral process.
An exact opposite outcome intended by the Voting Rights Act. If this City Council
approves resolution 2005 -45 their intention to close rather than open the electoral process
will be made clear to the citizens of Rosemead and to a reviewing court. The resulting
pre - ballot decision will be caused by the undue influence of those seeking to prevent an
election when sufficient signatures have been gathered. Rather than by interest of
individuals seeking access to sign a recall petition. In 1985 the seminole decision of ??
aton VS City Council explained that it is more appropriate to review Constitutional and
other challenges to ballot propositions or initiative measures after an election. Rather
than to disturb the electoral process by preventing the exercise of the people's franchise
in the absence of some clear showing of invalidity. The city attorney memorandum
references the expenditure of public funds on a special election that is likely to be
determined invalid. When under the Botare? Decision the only action likely to be
determined invalid is the pre ballot recision of a qualified recall petition. The California
Courts are clear. The State Constitutional right of initivive, recall, and referendum is an I
quote, "one of the most precious rights of our democratic process. These powers are
reserved to the people not granted to them thus it is our duty to zealously guard these
powers and construe the relevant Constitional provisions literally in the favor of the
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people's right to exercise ? ? ?..... which you will have all the things you need to go back
to. Reaffirming this settled law of twenty years the California Supreme Court recently
stayed a Superior Court decision directing the Secretary of State not to place proposition
77 on the November 8` 2005 ballot. The Supreme Court concluded and I quote, "It
would not be appropriate to deny the electorate the opportunity to vote on proposition 77
at the special election to be held on November 8` 2005 on the basis of alledged
discrepancies. The same rationale applies here. With the noted distinction that here in the
city's election official already confirmed the proper direction for the city to take. I
respectfully urge this city council to do nothing to interfere with the electoral process.
Especially at a point in time, when the electorate has not cast its vote one way or another.
Thank you.
C. Clerk: Barbara Murphy
Murphy: That's alright. Everyone has said everything I was going to say.
C. Clerk: Fred Herrera
Herrera: Good evening. Fred Herrera, resident of Rosemead, I can't believe I'm up here
tonight after all, a year was it, the Senator said and agreeing with John, John and the
Senator. John says we should test whether this is legal. And I agree with him. Ms.
Romero here says that should defend the rights of recent immigrants and people who
don't speak English. And I agree with her. They both said that we owe it to the electorate
not to stop this election or this recall attempt and I agree with them. It seems we are all
saying the same thing. No one is asking this to be stopped. But I think it is prudent that
we make sure that the rights of those people who don't speak English are represented.
Many of the signatures for this petition were gathered in the northern side of Rosemead
and the demographics indicate its a significant number of recent immigrants. Those
petitions were gathered I believe, and I agree with some of the speakers, the facts were
misrepresented in the collection of those petitions. I personally spoke to a woman who
does not speak English and she was given bad information. I don't think its fair and I
think its prudent that the City Council guard the treasury of the city. By postponing this
election until, as one of the speakers said, in all due respect to the City attorney, you are
obviously not a judge. You are a city attorney. And as an attorney you present an
argument and a judge decides on it. Continue the course. If a judge finds that this was
gathered correctly the petitions were gathered under one set of rulers and the election will
be held under anther. In the interest of the City to protect the money that it is going to
cost. The ten's of thousands for this election. Let's hold off on this until a Federal judge
decides whether or not that petition was in compliance. If that judge decides that it was
in compliance then as the future ex- Senator said. Let the people speak, John will be
satisfied that the law has been followed. And you won't be forced into becoming a judge.
Postphone the ? ? ?? until we can have a legal decision on whether or not the interest of
those people who don't speak English were represented and protected. And if that judge
finds it was done correctly then, let the people speak. And I hope they keep your guys.
Mayor: Thank you.
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Tape 2A 55% John Davidson
Tape 2A 65% Jaun Nunez.
Tape 2A 85% C. Clerk: Todd Kunioka
Well, members of the City Council, First, a lot of points that I want to cover have been
addressed by a number of the other speakers. So that means I can keep it short. The
other thing that will keep it short is my actual prepared remarks I forgot to bring with me.
I just got a quick outline here. First issue of course is we want to address the recusal of
Mister Taylor and Imperial. Obviously there is a conflict of interest. And I would
certainly expect you to recuse yourselves from any issue that would directly affect you ?
future.
Mayor: If that is an accusation. I don't agree with it. Go ahead.
Kunioka: It is not an accusation.
Mayor: I mean we're looking at integrity and mine will pass the test. Go ahead.
Kunioka: Okay. We will see.
Mayor: I come from the other side of bridge.
Kunioka: I don't know what that means. In the terms of ....of this next piece are
somehow related to the Padilla VS Levis case, I certainly want to stress the many
differences between that and the petitions gathered here in Rosemead and those in Santa
Ana. First of all, ? ? ?? deception as you heard from Nativo Lopez, who I was shocked but
pleasantly surprised to see him come here. Many of the claims he had, his problem was
in people going around and gathering petitions in Santa Ana not telling people it was a
recall. Telling people it was only to gather information. And of course there are no
accusations. No one has made any statement. No one from Wal -Mart. None of the six
mailers that Wal -Mart dollars paid for. None of the fliers that came from your campaign
or from Rosemead PRIDE. No one has made any claims that we were not explicit in
telling people this was for a recall. There are a couple of people who have made claims
about the rationale for the recall. They were upset apparently than rather sticking to a
single issue. We who walked with petitions listed a whole laundry list of reasons why we
wanted a recall election.. No one's saying we aren't saying this is for a recall. That's
not disputable. And that's an important difference between this case, or may be this case,
and the Padilla VS Lever case. I also stress the .... information available, of course the
Rosemead PRIDE -Wal -Mart dollars paid for. I got about six mailers from them. And so
there was a real effort apparently if people wanted to recind their signature they could
have. A number of those postcards did get returned. Most of them were not. By people
who actually signed the recall petition. But there is certainly information information out
there so if people wanted to remove their signature they had the opportunity. Never the
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less we still.turned in 4800 signatures. 4200 of which were verified as Rosemead voters
at the time those petitions were turned in. The Padilla VS Lever case also is based on an
inappropriate precedent. Cites very importantly that an issue called? Zaldave VS City of
Los Angeles which also concerned a recall issue in the City of Los Angeles. And the
reason why that is inappropriate precedent is because Los Angeles is a charter city,
Rosemead is a general law city. The laws the regulations and the ordinances that govern
recall and initiatives in the City of Los Angeles are not the same rules that apply to the
City of Rosemead. And also note there's conflicting precedent in this particular issue
that have already noted by a number of speakers. The 10` and 11 `h Federal Circuit
Courts have said very explicitly that you do not have to have mutilingual translations on
initiatives or recall or referendum. Also this particular ? ?? was not a unanimous decision.
It was 2 to 1. One of the judges voted against the requirement. And he made very
compelling arguments I thought about violations in equity and fairness if he were if this
rule proposed by the jurists was adopted. It seems pretty clear that if this case were to be
appealed either by the entire Ninth Circuit en banc, or if it were to be appealed to the
Supreme Court I think a lack of it prevailing would be great. It doesn't seem reasonable
that ?? could be turned on its head and keep people from being able to vote rather than
insuring that everyone got the opportunity to vote. And also this final action was also
addressed. When I was here, again as Senator Romero stated, almost exactly a year ago,
I think it was December 10` sitting in that chair right over there. And Ms. Clark you were
sitting in the Mayor's chair. And we had these petitions for referendum, I shouldn't say
we, I had nothing to do with the referendum petition. I wasn't active in Save Our
Community at that time. But, literally, and I'm sure you didn't mean it irrespectively. Ms.
Clark but you laughed in the faces of Save Our Community when you told them "You
guys messed up. You guys should have come to us and ask us what you had to do if you
wanted to have a petition to allow a referendum on the Wal- Mart." I don't think you
remember that and I was appalled and I was a little ?? and I know you, I assume you
didn't mean it disrespectfully. And ?? me and a lot of people. I'm sure it wasn't meant
disrespectful. But you told them you guys, you guys, Save Our Community have got to
follow the rules. Come to us and if you wanted to do this you should have done it right.
But in this case with the recall petition of course we did do it right we went to the City
Clerk. We had our petition approved by the City Clerk and then by the Board of Registrar
of Los Angeles County. Followed all the rules. The standard for the recall in the City
election as you know is very high. Some of you have been active in this before. You
need 20% of the registered voters in Rosemead have to sign our petition. By contrast, I
don't think people quite understand. In the case of the Governor's recall in 2003 the
standard for a statewide recall was just 12% of the voters that voted to put him in office.
So if a similar standard was applied in Rosemead all you needed was 12% of the votes
that participated in the election that got you guys elected. We would have needed about a
hundred signatures would have been done in half a day. Two hours of walking and you
are done. Instead we had to raise that 20% number ?? around. I personally almost
gathered almost 200 myself. It was also very ?? volunteers. Obviously no one was paid
to do it. I walked voluntarily. I went door to door on weekends and every evening. It
was a long and hot summer but in past because I thought Save Our Community was
disrespected in the meeting here in December. I was angry enough, yeah. I wanted
personal accountability of City Council. So we actually managed to get about 25% of the
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registered voters in Rosemead to sign this petition. That's not an incredible feat. In fact
4,800 signatures, 4200 verified signatures as most....? know that is about four times as
many people who voted for you here in the last reelection campaign. Also, it's not a
trivial matter. It's not a typical election. I don't see how you can just imagine how
many voters signed these petitions. It appalls me. That you would even consider
cancelling this election. Unless you have compelling irrefutable legal evidence that there
is just no choice, you have to cancel it. Then has been noted several times by other
speakers but in fact it is in part conflicting legal precedent. It is not a matter that you
have to do do one thing or the other. I mean if the other.side wants to challenge it legally
they are free to take it to court. The City of Rosemead ought to stand by the rules that
have been set up for the people who gathered these petitions..?
Mayor: Maggie Clark
Clark: I want to just clarify that what I said was that the attorney that advised you what
to do the referendum on.
Audience: Bevington: No you didn't
Clark: I'm not saying you should have come to us. I said your attorney. And I hope you, l
told that to several people, I hope you didn't pay money to the attorney. Because he
messed up,
Kunioka: And I don't deny that. Obviously he kind of screwed up. It is appalling to say
that you can be on the bar of the State of California and make some silly mistake. But
you also ask us if we wanted to do that. You'told us that we should have come to you.
You should have come to City Council and ask us what do we have to recind. Is the
development agreement that's to stop this. Or do we have to change the zoning and get ??
ordinance V you were very specifically telling us we should have come to you and you
would have told us what we had to do to get that recinded.
C. Clerk: Yuki
Yuki: My name is Yoke Fukumoto, I live in Rosemead. 1807 Delta Ave and I have a real
simple plea. Is to let the election go on. I was here on the night of the referendum and
you took the vote of the people away then. And this is the second time you are trying to
take the vote away from the people. I have never seen a council who advocates for others,
whoever that may be, but not for the people. If you had worked as hard for the people as
you do for the other entity I think we would be in better shape. All I ask is that let the
people vote. If you are afraid of the consequences than so be it. We have consequences
as well. We may lose too. But we want it to go to the vote. That's what I did for the
referendum. That's what I did for the recall and so I ask you. I don't know if you have a
conscience about letting people vote. I think you have been there a little bit longer than
you should have. You do not own the city. One thing more to say. One of my colleagues,
Marlene, has said its not over until we win.
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C. Clerk: Jim Clouet
Clouet: Good evening, I'm Jim Clouet. 3719 N. Ivar St. Rosemead. I'm also a candidate
for this up coming election. 1 think the message that you got tonight is pretty clear and
I'm not going to reiterate what other speakers said. But I want to remind everybody in
the closing hours of this meeting. That there already has been an election. It's done.
Even if 25% of the people had no idea what they were signing its still 3,000 people out
there who consider that there is something wrong in the city government. I'm not going
to sit here and point fingers. I'm not going to make accusations because I'm not those
3,000 people. The 3,000 people believed that they don't feel that the city is up to par.
They don't feel safe enough. They don't feel like there are enough programs for the kids
after school. They don't feel that it is a clean enough city and progressive enough city.
They have lived here, they love it. We were cut off. The petition drive was cut off
simply by time. Had they continued it would have been 4,000, 5,000, 6,000 7,000
signatures. There is something wrong. Regardless of how you vote this evening.
Everybody needs to keep in mind that those petitions are out there and they need to be
resolved. Thank you
C. Clerk: Rosie Lazario
Lazario: Good evening. My name is Rosie Lazario. I live at 9225 E. Steel St. I come
today ... (end of tape 2A) ... to this country to make a better life for themselves were lied
and tricked into signing the petition.
Mayor: Let's give her a chance.
Lazario: I made the callings. I'm just bringing out the facts. The circulators told them
that the petitions were about cleaning up the city, cleaning up the parks, cleaning up our
city. They never told them it was regarding Jay, Gary. They were told that was to bring
Wal -Mart. Sign here, bring Wal -Mart, sign here. I spoke to the Hispanic community that
evening ad several people have said they were upset saddened, they were shocked. They
couldn't believe that this was going on. We know very well that these petitions are to
recall two councilmen, who supported Wal -Mart. It is obvious. It is not too clean up the
city. It's not to clean up the parks. When I told them what this was about recalling two
councilmembers and Wal -Mart, they became angry. I could feel their embarrassment.
That was the first thing they were embarrassed. They said democracy. I didn't understanc
what they were saying. How can you being democracy. I mean they have the right to
speak. They have the right to understand they need to have these petitions in their
language. They needed to know that this was not to support Wal -Mart. This was not to
clean up the city. This was not to clean up the parks they live next to. It was there right
to know exactly what they were signing. So may be they did tell them in English. Sign
here we will clean your park. That's an embarrassment. The petitioners took advantage
of the people who could not speak the language well. So today I come in front of you as
a Mexican American who understands English and I'm very fortunate in that. I ask you
today to delay the election so the courts can decide on the validation of the petition. Just
delay it, if they decide to go along with it than you lost no money on going out there and
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doing what you have to do and continue where you left off. Because in my heart I know
that the petitions, the petitions should be thrown away. Just like the people did....
Mayor: Give somebody some courtesy.
What does it take to give somebody some courtesy? Now answer a question for me.
Because it has been a big one in this campaign than everything else. You talked to the
people in the Hispanic community, Right?
Lazario: Yes I did
Mayor: They are the third highest population in this city from what I understand. How
many of them knew about what was happening?
Lazario: None of them that I spoke to.
Audience: Cross talking.
Lazario: I have the right to speak.
Audience: Shouting and cross talking
Mayor: Hey, hey, knock it off. Were you next on the list.
Speaker: Yes, Sir
Mayor: Sorry to interrupt you go ahead.
Damian Navarez: Good evening, Councilmembers and folks here tonight. I agree with
several people here. You do need to be respectful to everybody up here speaking to give
them their time. You would like it to. I agree with both sides. The gentleman speaking
over in the corner. Mr. Ly. Okay. You make a point there. They represent us. They
represent our votes. They represent our needs. It's true they work for us. I told you that
in a meeting about two years ago, when I did a petition for Zapopan Park and the
surrounding community. I advised you at that point that you do work for us. I just moved
a year ago and I came back to Rosemead a month ..two weeks ago. 3043 Charlotte Ave
in the city of Rosemead. And I noticed changes around here and I was kind of fed up with
Rosemead at the time I left. I moved to Covina it's a pretty good community. It's kind of
unincorporated where I live. But it was similar to Rosemead in certain respects. I moved
back because of traffic reasons so now I'm back here. Last night I went to Star Bucks, it
was a good experience. I went there and enjoyed coffee. Walked to Beach's Market, Sav-
On's which I grew up there since the age of thirteen and I did not encounter any problems
or harassment or anything like that. I think a Wal -Mart proposal is a good deal.
The location is a bad area. But I think we are in need development in the area. We do
need different things. We look at different areas and that would be a great thing. You
know, give us certain things on that. I not going to talk to you much more on that. But
the reason I'm here tonight is, I really did want to get involved with this and I really
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didn't want to be up here tonight. But I have a question for Mr. Tran. How were you
elected here? Are you the first Asian elected official in the City of Rosemead?
Tran: Yes I am.
Navarez: Good, Times are coming. Times are changing folks. I'm sorry to say that but
times are changing and the winds are blowing. Okay. My mother Bertha Savadra owns
the house that I currently live in. I rent it from her. Fifteen years ago, her and an attorney
named Benillo? Basera who has a law practice in the city of Montebello came here and
they were up before the City council meeting for an English only ordinance that she told
me tonight that Mr. Imperial and Mr. Taylor wanted in the City of Rosemead because
they saw back in 85 and 88, the encroachment of Monterey Park. And they said, God, we
don't want that. We want English only signs. She came and said no that's not it. She
spoke here that evening. I don't know what date it was but I'm sure if you pull the record
its there. But she has worked many times as an advocate for people all over LA.
Currently, she works in Pico Union, at a non -profit organization and Mr. Basera also
represents people without a voice. For them to tell me that, it just came to me that you
have to go and let that be heard. I read in the paper that ....the catalyst that you are using
to prevent this election happening is that you need it in different languages. But if you
had it your way fifteen years ago then it would have been in English only.
Taylor: A point of information. That is not, your statement not true. Did you look in the
city council minutes?
Audience: Bevington , We can't hear you... He said did we look in the city council
minutes.
Taylor: Did you look in the city council minutes to see what that discussion was about.
What did it say?
No, I do not know. I did not read it.
Taylor: But you accused us of saying that and that's not true.
But this is what I've heard.
Taylor: Okay. But let's set the record straight. Get with the City Clerk and go get the
minutes.
Navarez: Okay.
Taylor: What was happening is that the businesses were putting up foreign language only
and the stipulation was that they had to have at least six inch letters so that the people
living in the city and the law enforcement people could read the name on the building.
Navarez: Okay
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Taylor: That's all it was about. And you are welcome to get the minutes.
Navarez: Okay. I do appreciate that.
Mayor: I do appreciate that fact though what you have done to help us clan up that area
there.
Navarez: Right. And you have done stuff and I...
Mayor: I appreciate it. Thank you.
Navarez: And thank you for what you have done. It didn't come at an easy price. And I
heard initially it was was kind of ... I sensed apprehension from the city council at the
time I was doing that. Granted you came along. Mr. Wagner helped out a lot. 1
communicated with him. Deputy Jewett, they helped out immensely on that and they
were very helpful on that. But, back on the subject here. If you go back, like I said times
are changing. He just got on the council. It was because of change. It was because
people were upset and that's what's going to continue to happen. Regardless if the
election does not occur tonight or in February, I'm sorry it is going to happen eventually.
Time is changing and if you stay on another year and it happens again that election is
going to occur gentlemen and that's all that is going to be. And after that if you want to
go back further in history with the State of California. The State of California is a funny
place. We used Hispanic and Asian as pawns, in a political chess game. Governor
Stanford in the 1800's wanted to get rid of the Asians. But he brought them back when he
needed cheap labor in order to build railroads. 1920 they wanted Mexicans to build
canals in El Centro. After they built them instead of giving them jobs they sent them back
to Mexico. So now what's happening our languages are being used at the ebb and flow
depending on who needs it. Those people are being used and their voices aren't being
heard. That's all I have to say.
Mayor: Let me explain something to you. Whatever we do in our meetings with the
properties okay. And I started this thing a long time ago and the council agreed with me.
If you come up here and say something needed to be done and I answer you and see if
you understand and if you go like this —(head motion) that gives me a trigger. The
council has seen me do this time and time again over the years. I ask the question again.
Are you sure you are understanding me? Are you sure you understanding me? I make
sure that we cancel that until we get an interpreter in here because I want to make sure
they understand. It is affecting their lives. Okay that's the way we operate. That's
number one. As far as the community out there. I ask you a question about the Hispanics.
I've had another problem, incidentally my wife is Chinese and a wonderful lady, okay,
and I'm very proud of her. But we have the Asian population that is not being talked to.
It's not coming out in the newspapers like it should. I can show you a lot of people that
are Asian, Hispanics. I adopted as my little granddaughter, a little Hispanic girl okay.
They are not getting this information. They are coming to me and saying we are not
getting this information. If we want to do something go out and talk to these people in
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other cultures and find out what their needs are and talk to them okay. You are going to
find the majority of them are not getting the information okay. Do that for me. Go ahead.
Navarez: I just want to say again. Respect other people that are up here folks.
(not completed 2 or 3 minutes more)
Tape 213 — 15%
C. Clerk: Mr. Mayor at this time we do not have anymore speaker cards.
Mayor: Okay, Thank you. We haven't passed anybody up.
Tran: Mr. Mayor.
Mayor: Yes
Tram At this time, I would like to make a motion, due to the fact that we do not have all
the information required to make a decision tonight; therefore, I'm asking in the form of
motion to adjourn this meeting
Nunez: I second it. Also, that the... I say I seconded the motion. And I also want to .
remind City Councilmember Taylor that told me when he abstained on a decision that we
made not to long ago on a contract for the disposal company. He said to me, "I don't
vote for anything that's not completed, a completed contract." Mr. Taylor, I can tell you
right now the information is not complete...? and I think you know it. Should let us
adjourn this meeting and let the course go and let the courts tell us what to do.
Taylor: Call for the question Mr. Mayor
Mayor: The question has been called for, all in favor.
Taylor: No, lets vote it out. Your motion is to adjourn the meeting, alright.
(vote 3 nos, Clark, Imperial, Taylor; 2 votes yes, Tran & Nunez)
Taylor: Alright Mr. Mayor. Now we can continue with this meeting. There were many
items brought up...
Audience: Let's take a break.
Taylor: Alright. Let's take a five minute break then.
Mayor: Let's take a five minutes break. Please. Back in five minutes.
Mayor: Banana Republic (sign in audience) That's alright. Nothing wrong with that.
Meeting is now in order again.
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Taylor: Mr. Mayor
Mayor: Go ahead
Taylor: Alright. Mr. Mayor my objection to the recall process started before the
signatures were turned in. And I would like to go back to June the 27` I wrote an open
letter to the residents of Rosemead and I would like to read three short portions of this. It
states many residents were concerned about gun sales on September the 7` and bear
with me there was a lot of discussion about air pollution, the referendum, the union
money and what went into it. So I'm going back to the gun sales that was decided at the
public hearing a little over a year ago at Rosemead High School. Many residents were
concerned about gun sales on September the 7` 2004. Sixty planning conditions of
approval were required before Wal -Mart could build. Condition number 60 states . No
gun, handguns, rifles or other types of fire arms or ammunition shall be sold from any
business on the project site. To help with the safety of the children who cross Rush street.
Wal -Mart will pay for a crossing guard for the next 20 years along with a flashing beacon
lights at the school crossing. The same people that organized the repeal of ordinance 836
are giving more false information in the recall petition against Gary Taylor and Jay
Imperial. Many people who were in favor of the Wal -Mart were tricked into signing the
referendum petition on ordinance 836. The actual demand made by SOC group to repeal
ordinance 836 is as follows: "We the undersigned demand that Ordinance No. 836 be
reconsidered by the Rosemead City Council and repealed. Or if not entirely repealed that
ordinance 836 be submitted to a public vote of the people of the City of Rosemead at the
next regular local election or if desired buy the City Council at a special election called
for the purpose. The City Council was required by State laws to repeal Ordinance no.
836 as demanded by the SOC group. Wal -Mart did not instruct the City Council to
repeal Ordinance 836. The City Council repealed Ordinance No. 836 and saved the
residents of Rosemead the approximate cost of $35,000 dollars to hold a special election
which would not have stopped Wal -Mart from building the store. Many of you who are
registered voters received an election letter from organizers outside the, city and their
supporters stated, the Rosemead City Council thru the petitions in the garbage. That is a
statement. The statement is a deliberate lie. The City Council by State law is not even
allowed to look at the petitions that were signed. This lie was an attempt to destroy the
honesty, integrity, character of the entire City Council and even the City Clerk for not
keeping the petitions secure. The petitions are still locked up by the City Clerk in a
secure place as directed by state law. You may call the Rosemead City Clerk, the phone
number, and verify that she indeed did secure the petitions and the councilmembers did
not throw any petitions in the garbage. Now 1 have to respect ever single person in this
room, rich or poor, and if you are gathering petitions and getting signatures and such.
Those petitions come in with the weight of law behind them. As for us to be accused of
throwing them in the garbage, what do you think that statement implies?
Audience: Figure of speech Gary.
Taylor: Isn't that nice. Sticks and stones will break my bones. But let's send this letter
out to 15,000 people and let them get the impression and the innuendo that this means
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nothing to your City Council. Throw it in the garbage and they will think we disrespected
them. Poor people want to be respected, middle income want to be respected, the rich
want to be respected. So when people come out and they say we through it in the
garbage because it was rotten, it was no good; just get rid of it. That's what the statement
was and it was a deliberate statement. So getting back to some of the others that's lies and
deceptions. We had three or four people come up tonight and talk about the petitions and
how they were tricked into signing them. They didn't understand what it was. They told
them things that weren't true. Clean up the parks, clean up the city, whatever.
Audience: Cross talk
Taylor: Let me continue on with what we've got here. Here's a letter in the an article in
the Tribune dated .... there is not date on it, but it is recent. Turning in the petitions to the
City Clerk. And there is a comment right here where Mrs. Clark states something "Some
people told her signature gatherers claimed they should sign the petitions if they are in
favor of Wal- Mart ". Clark said. And I have had the same thing told to me and these
people that stood up here and spoke about being told lies, being told different items, that
did go on. But we don't know the number. Going onto the next item I would like to read.
This is from the ....the minutes of the City Council meeting of 9- 27 -05. When a Ms.
Rosemarie Gonzales came up and spoke. As she stated, and I'm paraphrasing.
Audience: Cross talk
Taylor: Anyway, I'm going to read what she stated. Don't let it be read. Now listen to
the people objecting to it. There was a few gentlemen that came up here and they said
they walked the streets in all sincerity. They were saying we walked the streets and they
were out there and it was hot and we wanted to give up. But they kept going. Here's
what Mrs. Gonzales stated. I am opposed to the pro... excuse me. At the last meeting and
I stated at the time. Councilman Taylor, I am opposed to the process that was used. And
I would like to read a statement from the last meeting. Ms. Gonzales was speaking. She
said, "My name is Rosemarie Gonzales and I am a resident of Rosemead. I am here to
tell you ... I here to talk in favor of the recall. A lot of people say this is corruption.. I
am not corrupt. The other thing is that you didn't listen to us. We went before the board
over at the Rosemead High School you didn't listen to us. I walked up the down the
streets getting signatures and 1 did not lie to anyone. And I will tell you. If you think we
corrupted you and we lied then you weren't really listening because we didn't try to
deceive anyone." I believe her comments. I believe she was sincere. But she could not
circulate the petitions.
Audience: Cross talk
Taylor: Now we're getting the opposite story. Please I haven't finished the statement yet.
Ms. Gonzales: I have a Rosemead mailing address, and I live in South San Gabriel. I
gave you the address, 8819..
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Taylor: You did not give us the address.
Ms. Gonzales: Yes, I did
Taylor: This is verbatim. This is verbatim minutes.
Ms. Gonzales: No. It's not verbatim.
Taylor: It is, ma'am. You said "I am a resident of Rosemead"
Audience: Cross talking
Ms. Gonzales: What I said was, I'm Rosemarie Gonzales, a resident of 8819 East
Highpine Street. And I said Rosemead because is my mailing address. But I live in South
San Gabriel. I'm so used to saying Rosemead that that's what I said.
Taylor: You gave no address
Ms. Gonzales: 1 gave no such.. I'm not lying. And when I was upset, we did not. We
went with people, but I was not allowed to carry the petition.
Taylor: That's not what you said here.
Ms. Gonzales: I walked but I did not say that I carried the petition. Because I couldn't. I
wouldn't have taken that chance.
Taylor: That's not what you said Ms. Gonzales.
Ms. Gonzales: No sir. You cannot speak for me.
Taylor: I am reading your exact words.
Ms. Gonzales: They are not my exact words. If they were my exact words then I would
say, Oh, I am sorry I said it. But I didn't.
Taylor: Alright
Ms. Gonzales: And my address is 8819 East Highpine St. South San Gabriel and
Rosemead address. It's a mailing address. It's Rosemead and 1 live in South San Gabriel.
Taylor: I understand why you are saying this now.
Audience: Cross talking
Taylor: Alright, thank you.
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Audience: Estellr Holtz, Gary, Gary be honest for a change. Gary listen the clerk would
have checked, did she sign the petitions.
Taylor: Mrs. Holtz, this is why we're going to have all of them opened up now.
Holtz: Gary, the clerk followed it dead one. She looked at the address. If she had signed
it ... It would have been false. It went to the County. Had she signed it. It would have been
caught.
Taylor: We're going to open up, have the court give us an order and we can open up the
recall petitions we can open up the referendum petitions we can check all the circulators
and verify their addresses and we also going to ...
Audience: Cross talk
Taylor: The minutes are all... Hey, I already told you this was long before... Mr. Mayor,
There's a deputy back there. If they can't keep quiet I would like them removed.
Mayor: Okay
Taylor: They have no respect. They have been ask a half dozen times. You let your
statements be made, I'm making mine.
Audience: Yours is full of shit.
Mayor: Hey, watch your language
Taylor: No, no
Mayor: Hey, watch your language.
Taylor: Mr. Mayor
Mayor: We got women and children in here, be a man.
Taylor: Mr. Mayor. That's indicative, of what.
Mayor: That's not indicative. That's stupidity.
Taylor: But anyway, I've read my comments about.
Audience: You're afraid of being recalled
Taylor: Mr. Mayor. You're going to get to vote on my election of not this February you
will get it next year. Absolutely. Or maybe I won't
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Audience: you don't have the right to vote, we do, (4 times)
Mayor: Now, hey, watch it, let's have some order, okay
Taylor: Mr. Mayor
Mayor: Now cut it out, and I don't want to tell you again.
Taylor: Alright. We had enough comment about what's in the minutes. The verbatim
statement. What was said by a half dozen people about how the signatures were obtained.
I've read Mrs. Clark's statement. There are several others. But I would like to read
something about circulators. I want to read what a conspiracy is.
Audience: We don't need to here it.
Taylor: Well, you do need to, because this is going into the courts. It states right here. It
states right here Mr. Mayor what a conspiracy is. It is a combination of...
Mayor: Let him talk.
Taylor: Conspiracy is a combination or confederacy between two or move persons
formed for the purpose of committing by their joint efforts some unlawful or criminal act
or some act which is unlawful in itself, but becomes unlawful when done by the
concerned actions of the conspirators or for the purpose of using criminal or unlawful
means to the commission of act not in itself unlawful. Okay. Now let me read you
something else here.
Audience: Senator Romero: Are you calling the conspirators.
Taylor: Let me finish. Mr. Nunez (Jaun) please.
Mayor: You already had a chance. Now let him finish
Taylor: Mrs. Estelle (Holtz) is telling me to go ahead.
Mayor: Let him finish Juan (Nunez)
Audience: He is finished.
Mayor: And so are you
Taylor: Now let me read here...
Mayor: Yeah you, try me baby, try me
Taylor: Mr. Mayor
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Audience: Cross talk
Taylor: I want to read what libelous per se is. Libelous per se a publication is libelous
per se when the words are of such a character that an action may be brought upon them
without the necessity of showing any special damage. The imputations being such that
the law will assume that they are so slandered-they are so slandered there must be
suffered damage.
Audience: You need help— bedtime story or what... cross talk
Taylor: Are you ready. To render words libelous per se the words must be of such
character that a presumption of law will rise therefore that the plaintiff has been degraded
in the estimation of his friends, or of the public or has suffered some other loss either in
his property, character, reputation or business or in his domestic or social relations when
a publications is libelous per se-This is defamatory on its face. It is actionable per se.
One need not prove that he received any injury as a result of the publication in order to
recover damage and in such a case general damage for loss of personal or business
reputation or ....? or avertinance or proof of special damages are necessary. And the next
one would be subversion and I will skip the rest of them. The corruption that went on.
But to get to the bottom line now, we all take an oath of office up here. Now I want you
to listen to this group over here (cross talking) when you talk about respect, just listen to
them.. It talks about an oath of office and I want to read this. I do solemely swear,
whoever the officer maybe, that I will support and defend the constitution of the United
States and the Constitution of the Sate of California against all enemies foreign and
domestic that I will bear true faith and allegiance to the Constitution of the United States
and the Constitution of the State of California. That I take this obligation freely without
any mental reservation or purpose of evasion... and that I will well and faithfully
discharge the duties upon which I am about to enter. Now I mentioned conspiracy, and I
referred to corruption and subversion and such. That has to do with local government.
Local government being a representative of the government. The State of California we
do have the rights as a local government by the State laws of California. Now if I were to
tell you, go out and throw all these petitions in the garbage that means I'm getting rid of
them. Now here it is. This is a letter from State Senator Gloria Romero. It states in here.
That's alright. Okay, you ready. Thousands of residents signed petitions to stop a 24
hour store from selling guns, alcohol and ammunition across from a school. Anyway, it
states selling guns and ammo across ....now this you have got to remember that the
Public Hearing was on Sept 7` 04. This comes out in February to early March prior to
the election. Okay this is six months later and I read the very first comment, condition
number 60 at Rosemead High School. There will be no selling of guns or ammunition,
rifles, on any business down there. So six months later this (letter)comes out. Let's get
the people upset that they are going to sell guns down there when in fact they are not. It
continues on: The Rosemead City Council through those signatures in the garbage. We
disrespected the people, we through them in the garbage. It's a lie and we got ....
Audience: Cross talk
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Romero: To allow the election.
Taylor: We through them in the garbage. Okay, now that is Senator Gloria Romero. This
is her letter that she sent out. It's here own envelope and such.
Romero: and that's the truth.
Taylor: Now, let's go to the next letter. Assemblywoman Judy Chu. Over four thousand
parents asked the Rosemead City Council not to allow Wal -Mart to sell guns, or ammo,
and it was assemblywoman Judy Chu that brought it up at the public hearing and said that
we can't sell guns and Mr. Bill Alarcon on the City Council put in Condition 60 that
night that no guns or ammunition will be sold ... Then it states here. The City Council
through the initiative petitions in the garbage. These are three separate letters by three
different people with the same wording. Now let's go to the next one —yeah. They don't
want to hear the truth. The fire fighters support. Now this is from Mr. .
Audience; protest —cross talk.
Mayor: Alright, alright, let him finish. We let you finish, we let him finish
Taylor: This is the third letter, this is the third letter from Miguel Controres. Executive
Secretary of the Los Angles County Federation of Labor. He is the highest official.
Mayor: Put 400 people out on our streets.
Taylor: No, no. of several hundred thousand union members. He puts out the letter and I
want to read what he says. "The firefighters supported the 4000 Rosemead residents who
signed petitions asking the Rosemead City Council not to all a 24 hour store with guns,
alcohol, and ammo to open across the street. Now, keep in mind six months before this
in the official record. Mrs. Chu brought up and they are putting out falsehoods, they're
lying. Continuing, but bold letters, "the City Council threw those petitions in the
garbage." Now how did three independent people sent out three letters from the same
organization that happens to be what we call a conspiracy. When two or more people get
together and put out lies.
Mr. Nunez(Juan) you ask me about the letter. Do you believe it.
Juan Nunez: I haven't seen it.
Taylor: We have know each other for 34 years and I have tried to be honest with you on
everything we talk about. These letters they do, they're deliberate lies. They knew that
they were lies because they attended the meeting and the issue was brought up. So, when
we have to put up with this nonsense and the oath is taken that they are going to uphold
the Constitution of the (United) States and the state of California that is hogwash.
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Juan Nunez: Well, as you mentioned. Two person get together, you never know which
one is going to do something illegal, you are a conspirator.
Taylor: This tells us what they did illegally.
Juan Nunez: I'm telling you when two persons get together and you know we worked for
you. We worked for Jay, we worked for Maggie. And you know, I don't know what you
did outside of the time that we weren't with you. Whatever you did whether you went
out and killed.somebody an old lady or whatever.
Taylor: Juan let's go back to the issue. These three letters were sent out. It wasn't
something that was done between two people. This was done between three extremely
prominent people. And that's a disgrace.
Audience: Cross talk
Taylor: Mr. Nunez I didn't mean...
Juan Nunez: Excuse me. When you were saying about the letter that Ms. Gonzalez wrote?
you have the tapes, and I don't know whether you keep the tapes from way back when
you went to the...
Taylor: No, I don't keep...
Juan Nunez: Does the city keep...?
Taylor: What is it you want?
Juan Nunez: to find out exactly what she said at the meeting and...
Taylor: at the meeting about what?
Juan Nunez: about that... ? signed the petitions the petition.
Taylor: Yes.
Juan: ? She had written the letter?
Taylor: It's verbatim word for word.
Alejandro Gandara: So any of us can stand up there and just start to speak
Juan: They're verbatim
Alejandro Gandara: I don't think that's right.
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Mayor: Juan, you're through
Taylor: we have to allow everyone to come up and start all over again
Mayor: I can't make anybody happy. Have a seat Juan.
Juan: We worked for you at no cost. Maggie at not cost. Do you recall
Mayor: You what? No you got the wrong guy. You didn't work for me. Go ahead.
There's a problem here today, Just like I'm feeling really bad today. We had somebody
who lost a parent here in City Hall with a heart attack and I got a letter saying thank you
and today I'm a dirt bag. Okay. So you never know where to go okay.
Taylor: The reason why we need to have this meeting is to have the federal courts steps
in and get a judge to open up all those petitions and find out who signed them. How were
they actually gathered, and there's enough people that... another point was made. Let's
let them go on over here...
Romero: Audience: and if you want to then go to court. That's your Constitutional right.
But you go to court. You don't act like judge, jury, and executioner.
Taylor: Mrs. Romero, this is going back into court. This is going back into court. That's
what you are saying.
Romero: You're not the court. You're not the judge:
Taylor: the comment was made...
Audience: Cross talk
Mayor: you aren't either. But you're here. We're just having a conversation
Taylor: But the comment was made that there were 400 cards returned back as far as
taking... requesting these names to be taken off the petition.
Audience: 300 of them did not even sign the petition
Taylor: There's a comment that 300 didn't
Audience: How many were valid
Taylor: that's why we need to open up the referendum petition to see if they were
confused and they did sign a petition. Mr. Mayor...
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Audience Mr. Bevington: 425 cards came in and they went down to County Registrar of
voters. He threw 300 of them, three quarter of those he threw out.
Taylor: for what reason?
Bevington: Because they had never signed the petition. They lied, lied, lied, PRIDE
talked them into lying, and you people keep talking about people who lie. This is one of
the biggest forces in the world. The other thing you keep preaching about throwing it in
the garbage can. These were figurative statements.
Taylor: That's too bad
Bevington: Nobody is dumb enough to think they would throw them in the garbage can.
If you? ... in the garbage can. You denied us the right to vote. You say that we have
been illegal and improper about this. We will see you in court.
Taylor: Again
Bevington: We will see you. You bet. You haven't been there yet.
Taylor: Mr. Bevington, here's your letter.
Bevington: Will you shut up
Taylor: Here's your letter.
Mayor: Okay, knock it off
Bevington: you don't listen to anybody, you talk right over them.
Audience:. Cross talking
Bevington cont.: We'll see you in court. We'll see you on the recall trail. The only
difference there will be three persons on the recall list this time. We didn't recall Maggie
Clark last time. Because she had not been in this office six months. That's the only reason
she was not on that recall list. I guarantee you she will be there this time.
Mayor: You said there would be three persons on that recall list. You and who are the
other two
Bevington: The list for that recall will be Mr. Imperial, Mr. Taylor, and Mrs. Clark.
Taylor: Mr. Mayor I would like to continue, I have a letter here dated October 0, 2005.
End tape 213, begin Tape 3A
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Taylor cont: This is why I can put verbatim minutes with the city Clerk and the minutes
are verbatim. Let me read this letter now from Mr. Bevington
"Pride should change its name to Shame, During the gathering of signatures for the recall
petitions Shame mailed out hundreds of cards urging Rosemead residents to remove their
signatures from the recall petitions. The Rosemead City Clerk election official received
425 remove name cards. Which were submitted to Raymond Olandre? Head of Data
Entry and Signature Verification Section for Los Angeles County Registrar Recorder.
The signature verification section rejected 300 of the signatures on these cards. Mr.
Olinandre? was questioned during a phone call on 9 -30 -05 and his simple statement was
that the persons submitting the remove name cards did not sign the petition." Let's repeat
that. The 300, seventy five percent of the persons submitting the cards knowingly lied.
Now this is Mr. Bevington's, knowing lied since they had not signed the petition and still
sent in a card. While just perhaps they signed the referendum petition and didn't know
the difference. "Shame committed a fraudulent act in encouraging people to send in the
cards. 300 persons did so knowing they hadn't signed the petition and got caught. Too
bad there isn't a money penalty for doing both. Shame should also be penalized for
engaging in a lie. Submitting a lie that resulted in 300 PRIDE, SHAME, members lying."
And incidently the PRIDE people need to find out who your 300 members are that lied.
Because Mr. Bevington says they are.
Bevington: I ask to do this and the city Clerk told me I couldn't do it, I couldn't see those
petitions. I had no right to.
Taylor: so they all lied
Bevington: I would have loved to have gone through all those 4800 signatures and picked
out those 300 there.
Taylor: so they all lied. Okay, continuing, "PRIDE, lies should have been expected.
During the referendum drive PRIDE claimed to know that Save Our Community was
paying five dollars per signature. First big lie. SOC paid nothing." Now get this. SOC
paid nothing, I don't know. Did the unions pay something? Okay "PRIDE also repeated
these lies. (Audience cross talking) PRIDE also repeated their lies by claiming Save Our
Community was bringing in Jesse Jackson and Reverend Sharpton to influence the
signatures. SHAME was consistently playing very loose with the truth. Apparently, Mike
Lewis's theory is to say anything that could possibly effect his side of the problem.
Fortunately, many of the statements have been so foolish that most people disregard them
completely. To the residents of Rosemead please continue to avoid this"
Bevington: Thank you for reading one of my better letters.
5% Tape 3A
Taylor: Let's finish continuing what states here.
Begin Tape 3A — (5)
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Tape — Bevington letter (10 -4 -05) 425 names received.
5% Tape 3A
Romero: Mr. Mayor, - Point of order- Please let me just say something. Mr. City
Attorney, your client, has the right to remain silent. I'm going to advise you to have your
client remain silent. Let me just say this. Regardless of what issue we are on. This is an
embarrassment. I say an embarrassment. Let me just say. The agenda says that you are
hear to consider the impact of the ninth circuit, a court decision in Padilla vs. Lever. This
to me, and I would say too in a court of law. You are showing your intent Mr. Taylor,
your intent is not about language. We all knew that. That's the essence of Padilla vs.
Lever. What you are arguing and trying to repute and to use the Padilla case is exactly
what you are spelling out right now. You don't like the recall election. But you know
what, It qualified, it's the law. So, exactly, let's move forward. Mr. Mayor, point of order,
Mr. City attorney advise your client. He is digging the city of Rosemead into a deeper
hole because depending on the outcome of this vote. And if there is a 3 — 2 vote (tape 5A-
10%) to discard and throw into the wastebasket the people's right to an election. You're
showing your intent. That this sham meeting tonight was never about bilingualism or
multi - lingualist. It was that at least Mr. Taylor doesn't like that there's an election. And
Maggie Clark, I would ask you to listen very carefully. Mr. Taylor has first spelled out
the real reason for this meeting tonight. You, Padilla has nothing to do with all these
things. You might as well call me a communist for saying that I'm a conspirator. But you
know what though. It's not about me tonight. It's not about this recall. You have no right
to decide that. That's been qualified. So I would urge you mister Mayor. Get control of
your council. Mr. Attorney advise your client to stop smirking at the people ... And why
don't you just proceed with the vote. We all have work to go to tomorrow. Let's try
getting back to what we are here for. It's about Padilla vs. Lever. That's all.
Taylor: Mr. Mayor
Mayor: I
Taylor: Mr. Mayor the issue tonight is the language was not put in for the people to
understand. And these are connected together. People really didn't understand (Tape 3A)
what they were signing. And that's the reason I'm bringing it up to support the conditions
that lies were put out to people. They were put out in the election referendum. They were
put out in the election. They were put out in the recall and the issue is to ...
Audience: Put out by Pride. That's all here say. That's all here say.
Taylor: No this is Mr. Bevington. Mr. Bevington states right here. "The city of
Rosemead as a result of errors made in the March 8' election was censored and fined ".
The city clerk, responded to Mr. Bevington's letter as he shades the truth here. "The city
was censored and fined by the department of justice ". Not true. The city clerk sent him
back a letter saying we weren't fined and we weren't censored for it. But let's twist the
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words. So that we can get the people to say we spent city money for that. Not true. So
anyway the point behind this is to show why those petitions all have to be opened up and
inspected to clarify what was really done.
Audience: Mr. Bevington. Just do it. Quit talking about it.
Audience: You are not an attorney neither, are you. That's right exactly and that is why
we are here. Let the courts decide.
Taylor: We are. We are going to let them decide.
Audience: vote, vote, vote, vote...
Mayor Imperial: Hello.
Audience: ?
Mayor: and I will build a new bridge.
Taylor: Jay, Maggie wanted to say something
Mayor: Okay
Audience: We would like to hear from other city council members. What do you think of
this.
Audience: you let other people speak. Let them speak
Taylor: Mister Mayor. Mrs. Clark has something to say
Mayor: Maggie Clark
Audience: please vote
Audience: I can't believe this I've lived in Rosemead for 30 years and this is a joke
Audience: we all had our chance to speak. It is their turn
Mayor: Listen to me now. I've got control. Okay. If you do not like it, leave. Let me tell
you something. Okay. We're going to conduct this meeting the way it supposed to be
conducted. Or I'm going to request you leave. Okay. Now give some courtesy to the rest
of the people here. You got your say. Let them have theirs. Thank you.
Councilmember Clark. Do I have the floor?
Mayor. Yes.
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Clark: Thank you. I'm going to give the back ground to a motion. Obviously there is a
desire for a court to look at this. I just want to clarify a couple of things that were
brought.out. Concerning the ....I'm taking it back to the court. The Ninth Circuit Court.
Because that's what triggered this whole thing. And the issue of the petition already
being certified or whatever, that, in that court case with Native? Lopez. That was
retroactive and the only reason they did not require him to step down. Or to go back on
actually to the school board was because his term had already expired and the gentleman
that took his place, the term already expired, so it was a moot issue. But it is retroactive.
It's not like when someone passes a bill and says effective Jan. 1" and be able to have all
contracts in Chinese for example. This was prior to the Chinese speaking person. And so
there's 2 different ways to look at that. I spent a lot of time ready this case at least twice
over. And it appears to me that it does apply. There was something that was mentioned
also, that there were 2 circuit courts that had ruled differently, and that is true in the 10`
Circuit in Colorado in the Montero decision and the 11 `h Circuit in Florida. In the Delgato
decision, However, they were petitions. They were like a referendum like we had on the
ballot in Nov. This case applies to recall. And that's why I'm really concerned about
whether it applies in this case. The issue of it being time critical. I think it is because we
need to minimize losses. In fact if this case does apply to this. I don't think it would be
fair to have either side spend money on an election and after the fact being we have spent
a whole lot now. This, if we ask a federal judge, which I'm going to ask to look at the
case and hopefully review it in 21 days and we would know whether it goes or not. And
no one has spent money that's wasted. I think people want to move on. So I will make the
motion that we add to the resolution that is before us tonight. It is the intention of the city
council in enacting this resolution to place the current recall election proceeding in
abeyance until the validity of the recall petitions have been returned by the Federal
Courts. The city clerk is instructed to retain council and to expeditiously file an
appropriate action to secure such a determination. If in such action it is determined that
the recall election should proceed not with standing the inadequacy of the petitions a new
date should be set for the recall election in progress and as I said that could take place
within 3 weeks
Taylor: Mr. Mayor. , I would like to clarify something with the city attorney. According
to the statutes to open those petitions and such, it states that a judge can give you the
authority to have those opened. Is that correct?
City Attorney: the city clerk has access to them.
Taylor: But she cannot open them unless a judge orders it. So I ask that they be saved for
that very purpose that they could be verified. So who is the correct person. Excuse me
Maggie that should be in your motion.
City Attorney: I'm not concerned that. That had to be done during the petitions process.
Clark: I'm not concerned with opening the petitions. I personally don't think that looking
at the signature as to verifying them. That's already been done. That is not the issue. If
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someone wants to file a lawsuit based on the deal that people were deceived and there...
I've even heard that credible sources in the Chinese Community that said the Chinese
community felt left out and they were not explained the issues were not properly
explained. So I heard a lot of different people. I'm not going to take time tonight. I
heard a lot of feedback during the process of what was said. But so if someone want to
file a lawsuit based on that. That could go anyway. I don't think that it's necessary to
open the signatures. They were already verified, and time was spent on that. That's just
delaying the process. I think a judge needs to look at whether the 9 1h Circuit Court applies
in this case. And move on from there.
Taylor: I second the motion that Mrs. Clark made
Tran: Mr Mayor. I would like to make a friendly suggestion to this to accept Maggie
Clark's motion without suspending the election. Let the courts decide and continue on
with the election and let the people decide.
Taylor: Mr. Mayor
Tran: It's at the superior Court. What if tomorrow some body goes and challenges it at
the Supreme Court. What happen to the people, what happen to the people that sign the
petitions. What happened to the people that went out there and got the signatures.
Clark: I don't accept the amendment because the court will be able to tell us whether the
9 1h Circuit stands or not.
Tran: Absolutely, and you said 21 days. Let it continue. Let's go sixty four days as of
today. So 21 days which is 43 days. There's still enough time. So why don't we allow the
recall to continue which we do the investigation. You call a special meeting the day after
the courts.
Clark: My motion stands
Taylor: Mr. Mayor, Mrs. Clarks motion stands as it is and I second that motion
Mayor: Motion has been made and seconded.
Audience: Estelle Holt: Get a moratorium on Wal -Mart until we get the vote.
Taylor: Mr. Mayor. Mr. Nunez has a comment
Mayor: Mr. Nunez.
Nunez: I thought I was in the United States Senate with that filibuster that we had.
Mayor: Don't say nothing about that please. Oh okay.
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Nunez: Excuse me. I'm looking at what you're saying is right. We have to have a court or
somebody tell us what we need to be doing. Okay. I don't think I'm pretty sure you
probably think you don't have the right to stop an election. I'm pretty sure that is what
you are thinking.
Mayor: Is that right. Is that what I'm thinking
Nunez: I didn't say you.
Taylor: No, go ahead
Mayor: 1 just wanted to clarify that
Nunez: So, I think that if you look at what you want to bring this back 21 days later
which is a couple days after Christmas. Or if you want to wait until a couple days after
Christmas, that is fine too. And then lets see what the courts and courts may come to us
and then we can look. This is the kind of stuff that I've been saying. Then may be we can
find out.
Clark: the motion says: that if the court
Nunez: That is a motion. What I'm saying is don't vote on that motion. Look at changing
that motion. Let the motion. Let the process go because 21 days from now which is on
the 26` Let us come back on the 27`
Tran: Maggie the ballots will not even be received until Jan. 9` So we still have enough
time.
Clark: But by then they will be printed and all the cost will be.
Tran: Yeah ... but we have legal council. We just got costs for the special council to pick
up and we're paying for L.A. Co.
Nunez: And you know what Maggie? If somebody... If 2 council members that are being
recalled feel that those petitions were doing wrong or illegal. Let them go to court, let
them go to court
Mayor: Let me say this.
Nunez: I still have the floor. Do I not
Mayor: Yes go ahead
Nunez: Okay. Alright. Let them go to court and let them go through the process. In the
mean time let the election.continue. Don't delay it for 21 days.
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Taylor: Mr. Mayor
Mayor: Yes
Taylor: Question to the Mr. Nunez. You talk about letting we go out and get an attorney.
Mr. Nunez there was a Superior Court case. Sept. 15` 2004, Superior Court of the State
of Cal for the County of Los Angeles. John Nunez and the Alhambra Unified School
District Plaintiffs and moveants vs. Connie M. Mc Cormick Registrar. Now evidently
you joined with the Alhambra Unified School District in this preliminary injunction.
Nunez: And that is exactly what we did. We did not stop the election though.
Taylor: But you joined in. You used the Alhambra School...
Nunez: Now hold on a minute. We did not stop the election. We did not stop the election
the election continued — okay
Taylor: No they had to reword it because you file an injunction
Nunez: But the election continued
Taylor: They had to reword it before it could continue
Nunez: The election continued. It was never stopped
Taylor: No - They had to reword it
Nunez: But the election was never stopped
Taylor: We're going to get this reworded.
We're going to have a Federal judge look at it.
Nunez: Mr. Taylor. Was the election stopped.
Taylor: They had to rewrite it to have the election
Nunez: What we did. We challenged a candidate statement. Okay. We didn't say that
Alhambra as a school district, we want to stop the election. We never said that, all we
said that we did not think that there was something that we've comment on the statement
we did the right thing. We event to the court like we've supposed to and challenged the
wording. We lost some and we won some on that wording. Okay that's what you need to
do if you don't think on the election. Go to court
Taylor: We are going to court
Nunez: We don't have to do it... Don't let the city council do it
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Mayor: Are you through it... motion
Nunez: No, I'm not done. It's not the city council that needs to stop the election. Okay.
If the election gets stopped let the court stop it.
Taylor: That's right.
Nunez: You file an injunction and if Mr. Imperial wants to joint you both of you file an
injunction. If Pride wants to join you all 3 of you can file an injunction to stop this
election. That's the process. That's the way it should be done. You know what it looks
like we're doing here and 1 think the Senator had it right on the head. You've trying to
get the city, the city of Rosemead, to pay for your ability to go out there
Taylor: The Alhambra School District was named with you in a suit.
Nunez: The Alhambra School District did not pay that.
Taylor: You were in the suit with them and now you're accusing us, oh we might have
the city in this.
Nunez:... to change the wording on the election.
Mayor: Why don't you leave the Senator alone. She's sitting back there relaxing.
Nunez: Are you challenging the wording?
Taylor: No. I'm challenging the disenfranchisement.
Nunez: We never tried to stop the election
Taylor: Okay Mr. Mayor,
Mayor: Yes, sir
Tran: I do agree with you on this. Unfortunately we inherited this. But let's continue
with this, and wait 21 days. Let's continue the election. Let the court come back. Let
Peter do some more work on it and come back to us. And if ... we could.suspend it.
Mayor: What's your pleasure?
Tran: And my question for the city attorney is the fact that councilmember Taylor
abstained to this resolution, I don't think he has the right to vote on this.
City Attorney: Yes he does have a right to vote on it.
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Mayor: Do I have the right to vote on it.
City Attorney: Yes
Mayor: And Maggie
City Attorney: Yes.
Mayor: Does he have the right to vote on it.
City Attorney: Yes
Mayor: And you have a right to vote?
Taylor: Mr. Mayor. I would like to call for the question;
Mayor: The question is called for.
Taylor: To approve Mrs. Clark's
Mayor: Say your motion because we lost a lot of it along the way
City Attorney: The resolution presented in the agenda packet with a new section 4 and
(audience : interrupt can't hear.) The remaining section renumbered 5 + 6
Audience: Mr. Bev. Come on Peter. Speak up.
City Attorney: I'm not on, sorry
Mayor: Okay
City Attorney: The resolution that was presented in the agenda packet.
Audience: can't hear you
Clark: hold it up to your mouth
Mayor: the resolution has been presented in the agenda packet.
City Attorney: The resolution presented in the agenda packet. With a new section 4
reading. The intention of the city council in enacting this resolution to place the current
recall election proceeding in abeyance until the validity of the recall petitions have been
determined by the Federal courts. The city clerk is instructed to retain council
expediously filing the appropriate action to secure such a determination if in such action
it is determine that the recall election should proceed not withstanding the inadequacy of
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the petition a new date shall be set for the recall election in progress. That would be
added to section 4, and current sections 4 & 5 would be renumbered 5 & 6
Taylor: call for the question
Mayor: the question has been called for
(vote 3 to 2 — Clark Taylor Imperial Yes- Tran, Nunez No)
Audience: We can have a recall up you Maggie
Audience: continue comments against
Meeting adjourned
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MINUTES OF THE SPECIAL MEETING
ROSEMEAD CITY COUNCIL
December 5, 2005
Mayor Imperial called the special meeting of the Rosemead City Council to order at 7:00
pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead,
California.
Mayor Imperial led the Pledge to the Flag. Councilmember Clark delivered the
Invocation.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nuhez, Tran,
Mayor Pro Tern Taylor and Mayor Imperial
Absent: None
Before the meeting began, City Manager Crowe let audience members know that the
Planning Commission meeting scheduled for that evening had been canceled and
rescheduled for December 19, 2005.
Open comments of Special Meeting:
Tran: Mr. Mayor. Point of order. Can I ask who called for the meeting? For a special
meeting tonight.
Mayor Imperial: Yes, It was Mayor Pro -Tem Taylor, Maggie Clark, and myself and
this...I was going to ask you John when I had seen you in that meeting the other night,
but I didn't want to bother you.
Tran: I am just kind of curious. Maybe legal council can help out with this on the
resolution that was adopted by the council. Mayor Pro -Tem Taylor did abstain on the
vote. Therefore he cannot bring the item back. Am I correct?
Mayor: Not that I am aware of.
Tran: I'm asking legal council.
C. Attorney: The call for a special meeting can be made by the Mayor or three council
persons. This meeting is properly called by having Jay Imperial call the meeting.
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Tran: Properly called.
C. Attorney: It is properly called
Tran: Properly called -
Mayor: (Inaudible)
C. Attorney: We're not...
Mayor: Can everybody hear us here?
Audience: No
Mayor: You can't hear us?
Audience: No
Tran: Also, given the fact that there could be a possible conflict of interest with the form
1090( ?) Could the Mayor indeed, call this special meeting?
Mayor: That's the Mayor's privilege. We've had the ability to do that...
C. Attorney: Both the Brown Act and the Rosemead Municipal Code provide that the
Mayor has the power to call a special meeting.
Tran: Correct, and I do understand and recognize that. However, there could be a
possible conflict of interest on this. So can he call the meeting.
C. Attorney: Yes
Nunez: May I
Mayor: Yes, go ahead.
Nunez: My concern is that we ... the question was ask of you, the Mayor, who called the
meeting.
Mayor: Yes
Nunez: And you said there was three people who called the meeting.
Mayor: Yes
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Nunez: And now all a sudden you said you called the meeting. Which one was it
actually?
Mayor: I was asked to call the meeting and that's why I called it. And that the mayor's
job and he can call a special meeting.
Nunez: So what you are saying, Maggie Clark and Councilman Taylor did not call for
this meeting.
Mayor: It was requested we have a meeting
Taylor: Mr. Mayor. If I may, we've got the court case that came before us last .. I think it
was the day before Thanksgiving it was settled or so ... ruled on. And we were all given
a copy of it. And because of the confusion, what do we do with it. And as far as us
being able to make any kind of decision we have to have a meeting on it. So as far as
myself or Mrs. Clark or you calling the meeting we needed the meeting to get everybody
to hear the same thing on it. And that's why we are having the meeting.
Nunez: Can I ask why it has to be tonight? A special meeting, disrupting a planned..a
planning commission meeting. Why couldn't this be two weeks from now and we get a
lot of information in it.
Taylor: Mr. Mayor, as far as the Planning Commission meeting tonight the rest of the
council is going to be gone all week until Sunday. I believe. Saturday or Sunday. So
they are gone for a complete week. And then the following week we have the public
hearing for the Environmental Impact Report at the Rosemead auditorium. And I see
nothing wrong with having the meeting now to stop all the rumors and innuendos that
are going. Let's find out what we need to do and what we can do with this.
Nunez: Mr. Taylor don't you think that is possibly more prudent to have a meeting when
we have a lot more information than we have right now? Right now we don't have-we
don't ...There's a ...case down to Santa Ana. Not to us. Nobody has said that we have
to take any action right now. Why are we doing it? Why are we having this meeting
now? Why can't we have this meeting in January or later on in December?
C. Attorney: This meeting is to determine whether or not to take any action. It is not,...
it is the choice of the council to decide whether to take action or not to take any.
Nunez: Mr. Wallin, are you comfortable
C. Attorney: The fact...
Mayor: Let him finish John. Go ahead.
C Attorney: We have an election in the process which may or may not be valid. And it's
up to the ... because of the petitions. Let me explain the decision first. The decision
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ruled that the Voting Right's Act, Federal Voting Right's Act applies to recall petitions. In
other words, recall petitions have to be in the languages of foreign speaking people in
the jurisdiction. We have already entered into a consent decree with the DOJ. says that
all of our election materials will be printed in English, Vietnamese, Chinese and
Spanish. The recall petitions were distributed only in English and the City Clerk's and
City Attorney office had approved those recall petitions because at that time it was
believed those were recall petitions and not election materials. We could go, the Ninth
Circuit ruled recall petitions are indeed election materials. Thus we are in a quandary
that says that we have to have all our materials in those four languages. We have a
law, that we have petitions before us, which may or may not be valid. Because the
decision did not say whether the election would be good or valid, not withstanding the
invalidity of the petitions. We don't know the answer to that. The only people who can
give us that answer are the court system.
Nunez: And exactly..
C. Attorney: Systems, and particularly the Federal Court.
Nunez: Exactly, and why I'm asking you. Why don't we wait and see what the court
says we have to do. Why do we have to..
C. Attorney: That's one of the options available, is to do nothing and allow the courts to
make that determination. If somebody, a candidate, a recaller or anyone else wants to
go into court and make that decision. That's one of the options available... another
option available is to rescind the election and let somebody else take the ...? The third
option is to suspend the election and proceed to go into our Federal Court which has
retained jurisdiction on our consent decree. And determine what the Federal Court.. to
get and answer as to whether or not we should be processing this recall given the
defect in the petitions.
Nunez: Have you in your mind defective. Nobody has said the recall petitions in the City
of Rosemead are defective.
C. Attorney: The Ninth Circuit has said that petitions under the Voting Rights' Act, which
is the Federal law under the Voting Right's Act, those petitions were supposed to have
been in four languages.
Nunez: Okay. So that means that the City of .. what city do you live in?
City Manager: Huntington Beach
Nunez: Hungtington Beach; today, if they have a reelection, a recall election, they would
have to stop the recall election and say get it in all the different languages.
C. Attorney: As I said. The Padilla case did not decide that issue. And that is one
possibility, the other possibility is they could say even though it violated, violated federal
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law, go ahead with election anyway. I can't give you an answer. Only a court can give
that answer.
Nunez: That would only be apply to some councils, not to all... some city councils. It
doesn't apply to the whole state. Does it?
C Attorney: Yes. It does apply to us. Any jurisdiction which has a 5% non english
speaking...
Nunez: Not 17% percent
C. Attorney: No, five percent.
Nunez: So that means in the election that we just had not too long ago in the State of
California recall... For all these proposals that ... were out there. They went out in four
different languages so therefore that should be on the ballot.
C Attorney: The municipal election is what brought on the federal lawsuit and led to the
consent decree. In our last municipal election we did not have all our material in those
four languages. And the consent decree requires it.
Nunez: I'm of the understanding Mr. Wallin that there was a conversation between our
city attorney and the Dept. of Justice. And the question was ask. What do we do with
the petitions. And they said the petitions are not to be .... out?
C. Attorney: That's correct. They said that the petitions are not election material.
Nunez: So..
C. Attorney: They did not foresee the Ninth Circuit decision any better than we did.
Nunez: Okay. So tell me how are we supposed. How is the SOC group, how could they
foresee to ask the City Clerk should we do them all in four languages? Or, better yet, in
sharing the responsibilities we have. Why didn't we say to them. Do them in four
languages.
C Attorney: We could have done them in four different languages and taken care of
problem. There was no way we could foresee the decision that would come down.
Nunez: You know, I think. I can't believe that you are going in this direction as the city
attorney. I would believe that right now you should be defending your own work. As the
city attorney you should be defending the work that you did and what you ask them to
go out there and do not stop an election right now. If the courts tell you. This ruling also
applies to Rosemead, that's a different story. Has any court told you or the City
Manager, or the City Clerk, or any judge, or any court. Has anybody said to the City of
Rosemead you should not have this election right now?
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C. Attorney: No.
Nunez: Why are we having this meeting?
C. Attorney: To discuss whether or not we should take any action in light of a decision
that says the petitions are invalid.
Nunez: If they can say that they are not valid...
C. Attorney: As I said before. The court case does not tell what the impact of what the
invalid decision would be.
Nunez: Let's wait and see what they tell us.
C Attorney: My job is to give you the options that are available to you, given a decision
which could have a real impact on a recall. Now there is people out there, candidates,
recallees, spending money, the city is going to be spending money for an election. And
one of the options is to suspend it and try to get the answer to that question. Prior to
everybody going out and doing everything they have to do in an election. That's one of
the options. Another option is just to cancel it.
Tran: We're spending money anyway in your resolution which states we are going to
pay the County regardless of whether there is an election or not.
C. Attorney: We will pay the County for the work they have done to date. The County
expenditures occur on election day, when they have to hire all the people to do
everything.
Tran: And your fees as well.. the city council. And we also retained special council. So
there are costs involved.
C. Attorney: There are costs involved. The question...
Tran: I've never seen a city attorney jump so fast on a ruling without actually doing the
homework on this.
Taylor: Mister Mayor. In all fairness to the City Attorney, the fact that we are going to
have to start... I don't believe the... our contractor with the election materials - have they
translated and started to do the printing yet?
City Clerk: Not to date.
Taylor: Okay. So they have not started that cost yet. Once that begins, then we start
paying more bills. And we don't know what the outcome is going to be on it. That was
part of the reason. Let's find out before we continue spending the money and then the
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judge just like they did in the Santa Ana court case. While everything is out and you are
just a few weeks before the election. Two weeks, four weeks, it's too late. We can't
get anything back in time for the election, so just go ahead with the election.
Nunez: Is that a problem?
Taylor: Yes, I want to find out
Nunez: Who is that a problem for? It's not for me and it's not for John Tran.
Taylor: Of course it's not for you.
Clark: Mr. Chairman. Could I _ in here real quick.
Taylor: Mrs. Clark has something.
Mayor: Let's keep it down, Let's keep it down okay.
Taylor: Mr. Mayor...
Mayor: It's not a free for all. It's a meeting.
Taylor: Mr. Mayor
Audience: We can't hear Maggie
Clark: Is this on
Audience: We can't hear you still
Clark: I would just like to say something and clarify actually that each one of us sifting
here at the dais is named in a lawsuit. The Dept. of Justice came down on three cities,
Azusa, Paramount and Rosemead and I have no idea why they came down on those
three cities out of the 88 in the county. I don't know if somebody turned us in or what.
But, it says, it states in the lawsuit: Defendants, Jay Imperial, Gary Taylor, Margaret
Clark, John Tran and John Nunez, members of the City Council, each of defendants,
reside in Rosemead and are sued in his or her official capacity. And then our memo for
tonight says that, basically, paraphrasing, that as long as we act in good faith we are not
sued personally. In other words, when you are on a board and you act in good faith, you
won't lose you house over it. As long as you are acting in good faith. This is the
struggle that I have with this is; we are named in this lawsuit and the Dept. Of Justice is
watching everything we do as far as elections. Why was Rosemead, why not Monterey
Park, why not Alhambra, I don't know. But, because of that I have to act in good faith.
It's Federal Dept. of Justice that is watching us. And it is the Ninth Circuit Court of
Appeals which is a Federal Court which has ruled this. (Senator Romero arrives). This
has been in flux since. I believe the gentlemen's election of Nativo Lopez was in 2002.
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And there was appeals. There was a lower court that ruled in his favor. And then the
Ninth Circuit over turned that just 12 days ago. So I have to look at that as I am being
sued by the Federal Government basically. I have to see if this applies and if I knowing,
once you know something, you have to act on it. Thirteen days ago, we did not know
that this was coming down. Once you know, you have to act on it. And just to clarify on
the issue of whether the Ninth Circuit applys to everybody in the Ninth Circuit. If you will
recall 3 or 4 years ago, Alejandro when you brought the suit about the invocation issue
with... in conjunction with Iry Rubin and the Jewish Defense League and then you took
it to Burbank. And it was that you could not have invocation where you closed your
prayer in Jesus' name. And you won that.
Alejandro Gandara: I went all the way to the Supreme Court after the Ninth Circuit and
you still did not comply then.
Clark: Okay. What I am trying to explain is it does apply to us. What you're just saying.
Alejandro Gandara: Yes, it does and it'did then and you did not comply.
Clark: Well, I complied tonight. If you will notice when I close in your name, not in Jesus'
name.
Alejandro Gandara: No, I meant when it was in the Ninth Circuit, before I went to the
Supreme Court. I went all the way to the Supreme Court.
Clark: Yes, They refused to hear it.
Alejandro Gandara: They did not refuse, they let it stand.
Clark: That's semantics. They let it stand. I mean they let the Ninth Circuit stand. So as
a result, every city in the Ninth Circuit has to comply with that ruling. Correct?
Alejandro Gandara: Yes, it does.
Clark: So that is what I am just explaining is that once the Ninth Circuit rules on
something, everybody has to comply. So that is where I am coming from. We are in the
Ninth Circuit, it is a Federal Court and they have ruled differently than anyone else on
this...
Alejandro Gandara: My suit was very very clear. Sectarian prayer did not have to be re-
interpreted what that meant. In this case, nobody knows what this means yet.
Clark: I don't know if you have read the thirteen or so pages. I have read them all twice
and it is very clear to me that it applies to the petitions in being in the other languages.
So I have to act in good faith on that and I intend to vote to have it looked at by a federal
judge to see if we are in compliance. But, that is .. I just wanted to explain that we are
being sued. My name is on the lawsuit. So this is why it's not....
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Nunez: I beg to differ on this. On a certain point you just said. I think it did come down
that they named all five council members. Even myself and John Tran who weren't in
office.
Clark: I know, that is kind of awkward.
Nunez; And you, I am not sure whether it was you or Gary, had went and ask Peter to
take our name, or Bob (Kress) to take our names off the lawsuit. And I think that was
accomplished. Is it not so? So that the only two names that are standing on the lawsuit
is the City Clerk and the City Manager. Is that what happened?
City Attorney: The councilmembers are not named individually in the Consent Decree
but the City Council is a part of the Consent Decree. So the City Council has to act in
compliance of the Decree.
Nunez: The City Council as a whole, but not as individuals.
Clark: I have it right here. I don't know what this is....? Is has nothing...
Nunez: You remember you did not feel that your name should be on that.
Clark: No, you were the one because you were not on the Council. And we agree.
Nunez: I don't care. We are the one's that have to correct it. And there was a
conversation, and maybe I am wrong. Maybe it was not you that ask. But somebody
else ask on the Council ask to have that change and it was done. It was actually moved
and go ahead and move it out of ... our names out of the lawsuit that's when they added
or we just kept the City Manager and the City Clerk's name on it.
Tran: And...... in the Consent Decree no where does it stipulate that a recall election
should be in four languages. And this was given to us Sept 8 After we started the
petitions. After the Save Our Community residents started it. The ruling from the
Appeals Court did not get voted on until November 23 after the Council had already
decided to call a special election. So I don't think this does affect us in any way shape
or form. I think this is, you know, and I think that our city attorney needs to look more
deep into this before he calls for a special meeting like this in 24 hours.
City Attorney: I did not call for a special. But I do see a need to make a decision on what
to do about the recall petitions. I can't give you an answer. The only body qualified to
give you an answer is the court.
Tran: So why don't we wait till the courts, let the courts decide. Continue the election
and let the courts decide.
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Nunez: And if you really want to know right away. There is a procedure that a couple of
Councilmembers can go out and pay a lawyer to go out there and take care of it. The
people ...they know the process. They know it very well. And they, you know, now, it's
not that they-there is a legal team. Mr. Taylor was quoted in the newspaper him having
a legal team. So there is obviously there is lawyers and stuff like that, can... I hope to
go and take care of..go to court and take care of it. The fastest way to get it done.
City Attorney: I guess it can cut three ways. You can ask some people, the people that
are being recalled to challenge it. You can cancel the election and ask the recall
proponents to challenge it. Or the city can take it on its own to go out there and
determine what the answer is. Those are three alternatives. I'm not telling you which
one to take.
Nunez: Let me ask you about that alternative. The last alternative you said. You just..
just so I can get it straight, okay. First of all, there are several reasons why we have
elections, is it not true? One of them is that we have scheduled elections. So we have
that scheduled election. You know, you ask us to have a resolution to in a timely
manner to call for that election. Because election time is coming. January 7 is not,
excuse me, February 7 I'm just trying to move it up. February 7 is not the scheduled
election. So therefore you did not come to us and say we need to do all these things to
have an election on the 7 ", February 7 What was the reason that we have to do all
this work to get an election on February 7th.
City Attorney: State law requires that when a recall petition is certified that within some
number of days. 120 days I believe. On a recall election, it can't be less than 89 and
more than 120.
Nunez: Okay, So there is a petition that was gathered out there that forced us to have
this election. Am I correct..?
City Attorney: Yes.
Nunez: And so the authority to have this election, that we have to hold this election is
the people that signed the petition. Is that correct?
City Attorney: Yes, the fact that the petition was certified.
Nunez: What authority do we have in regulations to say that you're wrong, we are not
going to have this election.
City Attorney: There is case law authority that says when there is...the legislative body
that calls an election also has the power to rescind that election. In this case...
Nunez: For what reason?
City Attorney: In this... for whatever reason..
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Nunez: In case, what would...
City Attorney: The reason here is that the petitions.
Nunez: No, I don't want to know what this reason is.
City Attorney: The petitions that were circulated were in violation of the Voting Rights
Act.
Nunez: Let me ask you. I'm sure that the reason that Right is on the books, is not
because we did not have the petitions signed in four different languages. Are we pretty
sure that that didn't happen? The reason we....
C. Attorney: We're sure the petitions were not in four different languages.
Nunez: Okay. Hold on. -Peter just listen to what I'm, let me explain it a different way,
okay. There is a provision in law that allows us to recall elections. Okay, you said so.
Okay. Did that ... was one of the cases, in other words when you said, if you look at it.
These are some of the reasons why you can cancel an election. Okay. And what and
maybe you can give me one or two, besides this point. Because there has never been a
time, or maybe there has been a time. That a city has recalled an election or rescind
the election because the petitions were not done in four languages. So what are the
reasons that you normally rescind an election for.
C. Attorney: You can call an election on a, say a measure, approve a measure,
perhaps get the voters to approve a sale of bonds. Then the City Council decides, hey
wait a minute, we don't want to have an election, we can rescind it.
Nunez: I understand that, okay.
C. Attorney: What you are saying...
Nunez. Far cry from this...
C. Attorney: It may be a far cry..What I am saying is that the petitions that were circulted
do not meet the requirements of the Voters Rights Act and I don't know if that involves
these petitions or not.
Nunez: I don't think we know that that's true. Because you can't say that for sure.
City Attorney: I can say...
Nunez: You can't be 100% sure
C. Attorney: The Ninth Circuit has said that the petitions that are circulated have to be in
four different languages.
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Tran: Are circulated
City Attorney: Ours were not circulated in four different languages. What's the impact of
that...
Tran: From what date?
Nunez: From what dates on? What date? Starting now? Starting four years from now,
so we can go back and get Grey Davis back on...
C. Attorney: It's really on something happened two years ago. What you are saying it
only has prospective application. That it only applies to petitions circulated on or after...
Nunez: That's a dollar word. Tell me what that means.
C. Attorney: That it only applies, what you are saying it may only apply to petitions that
were circulated after the date the Ninth Circuit.
Nunez: Do we know for sure?
C. Attorney: As I said, we don't know the answer.
Nunez: Then why are we having this meeting? Why are we having this meeting? Why
don't we wait until they tell us what exactly we should be doing.
C. Attorney: That is one of the options.
Taylor: Mr. Mayor
Mayor: Yes -
Taylor: I believe that there are a lot of people that want to speak on this.
Audience: We can't hear you.
Taylor: I believe there are a lot of people that want to speak on this and I would like to
hear from them before we just have a conversation up here without them participating.
C. Attorney: Do we have any request to speak?
C. Clerk: The first speaker request form is from Senate Majority Leader Gloria Romero.
Romero: Good evening. I just really should say here we go again. I am asking you to
think very carefully about any action which you may take this evening. An action to
rescind this special election is simply slamming the door on democracy and slamming
1
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the door on the people that you represent, that we represent here in this city. Earlier,
and let me go back. We were here a year ago. It seems almost to the date. You were
here a year ago and at that time the constituents of Rosemead ask you, they brought in
petitions asking you at that time to have an election to let the people decide. Your
action you through the petitions in the trash can. To do this again is essentially throwing
much more than simply petitions. You are now throwing the entire election into the
basket and democracy will not allow you to do that. You are not a court of law. You
may have an opinion and with all due respect let's test that opinion in a court of law. I
would point out in fact that there were many questions in this special election that
millions of Californians just voted on. That was the special election in November. I
contested the legality of Proposition 77 but you know what: the Chief Justice of the
Supreme Court of the State of California didn't throw that election out. He ruled as did
the Justices to let the election go forward and if there was a challenge it would be after
an election. Not before an election. If the Chief Justice and the California Supreme
Court can do that with all due respect, I don't think there is anybody here with the
credentials of the Chief Justice. Let the people decide. And I would ask should there be
a desire to contest this and with all due respect Mr. Imperial or Mr. Taylor, as private
citizens on your own dime and not on the dime of the taxpayers of the City of
Rosemead. Should be able to go to court, it is your constitutional right in order to
challenge that. But that should be out of your wallet, not Rosemead. There are many
people who wish to speak this evening. But I do not think, and first of all I applaud you
being concerned about bi- lingualism and multi - lingualism in the City of Rosemead.
However, I have to add, it is with a bit of irony and a great deal of hypocrisy and with all
due respect that is all I'm going to say. You can read between the lines there. The other
thing I would ask you to think about and do, especially to the Mayor and to the Mayor
Pro Tem, who incidentally happen to be the two names whose names are up on the
recall ballot. If there is to be a vote this evening take a look at state law. Because you
have a financial interest in the out come of this special election. That the voters of the
City of Rosemead have forced upon you. Recuse yourself from any vote this evening.
Because to engage in a vote tonight to bring forward an election that I believe a conflict
of interest. Your, don't let that be another lawsuit that the people of Rosemead will have
to fight. So, this is about democracy and again too. Had you listened to the people a
year ago and simply taken their petitions and the spirit of their request maybe we would
not be here this evening. But we are here this evening. Cancel this sham meeting this
evening. This is a joke and further more what's this all about? That this is about
democracy and the people's right to speak, but we know it's much bigger. We know its'
still about the Wal- Martization of the Rosemead economy. And, simply if you have the
courage to fight for democracy and a bi- lingual front, then simply have the courage to
put that question to the voters. And ask the people do you want a Wal -Mart or do you
not. Because I think you know the answer. I think you are projection the outcome of
the recall election and that is why you are engaged this evening in this sham meeting.
Thank you for having me come forward.
- My name is Kenneth Pike
Audience: Has his name been called.
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C. Clerk: Actually we do have speaker request that came in order.
Nunez: Okay, and who is speaking next?
C. Clerk: Mr. Ruiz is the next speaker.
Nunez: Can we recognize the next speaker in order
Pike: I think I put my name in before there was any there.
Nunez: Mr. Mayor. Is he out of order, or is not out of order?
Mayor: I'm trying to find out if you give me a minute. Is his name in the list?
C. Clerk: The next speaker is Victor Ruiz and they are all in order to which I received
them.
Mayor: Okay. Then you will have to wait until it is in order.
Mr. Flournoy: I was third and Mr. Pike was second.
Bevington: Come on Jim, get out of it.
Mr. Flournoy: It's true.
Mayor: Okay.
Taylor: Thank you, Mr. Flournoy.
Mayor: We do it in order. That's the way this meeting is set up.
Pike: Well, we had one speaker already. So me being second would be my turn
wouldn't it.
Mayor: Well we...
(Transcription of Mr. Pike not completed)
Audience: Cross talking
Mr. Ruiz: He said he would forfeit his time and let Mr. Pike speak.
(Nunez: confused about recall —Pike ..)
M. Shinen: I was beginning to think he (Mr. Pike) was your legal council. My name is
Marlene Shinen, I reside at 8447 Dryer Lane, South San Gabriel. For almost 3 years
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now the people have spoken clearly against Wal -Mart. We are gathered here tonight
because we are about to lose our election. This city council, five people, are here to
decide on passing a resolution to cancel the election. If the people will be denied their
right to vote, Wal -Mart knows if the people vote, they will lose. Has the Rosemead City
Council listened to the people? Yes, they have listened to the people. They have
listened to the people with the purse. The people who in March 2005 open that purse
and put in over $75,000 dollars into the Rosemead City Council election. How much of
that money was given to reelect councilmember Margaret Clark? Margaret Clark is well
versed in environmental safety and must know that routine exposure to dirty air during
childhood actually harms lung development. Leading to a permanently reduced ability
to breath And in the last few years asthma chronic usually an allergic condition causing
difficulty in breathing has increased in children. Yes, she is sure vote for Wal -Mart. She
voted for the Wal -Mart project directly across the street from Rice Elementary School.
Clark: Mr. Mayor, are we going to stick to the recall. Both sides.
Mayor: Yes
Shinen: A large playground just 83 yards away.
Mayor: Let's stick to the issue, Okay.
Shinen: and is adjacent to the project parking lot. Over 922 parking. This is about what
we are here for. Councilmember Clark must know that the vehicle exhaust fumes from
the parking lot and toxic emissions from 15,000 daily vehicle trips and the dangerous
diesel air pollution from huge tractor trailers will blow right onto the Rice Elementary
school playground and athletic field. According to the EIR study of wind flow. If air flow
is above unsafe emissions standards in the San Gabriel Valley then why increase it.
Next to an elementary school playground. Why not reduce it and protect young
children? It is because Wal -Mart has opened their purse. Councilmember Clark has
said that the city needs the expected $500,000 dollars from Wal -Mart. So betray the
children, betray the elderly, betray the sick and the infirm, betray the homeowners,
betray the neighborhood, for it is at their expense that the city may receive increased
revenue. It's all about money. Another person with a purse made a tragic decision when
he settled for 30 pieces of silver. He betrayed more than just the people. When he saw
the condemnation that resulted he was remorseful. Judas returned 30 pieces of silver.
But he did not confess that wicked love of money which is the root of all evil. Human
nature has not changed. Yes Councilwoman Clark has the deciding vote tonight. If she
has heard the voice of the hurting people she will vote her conscience, her sense of
right and wrong. Or the richest corporation in the world has convinced her to betray the
trust the people have invested in her. She will decide, will she vote for Wal -Mart and
that is why we are here.
Clark: I need to clarify something. First of all, I would not take a penny from Wal -Mart. I
have no control over the PRIDE group that is in favor of Wal -Mart. And secondly, I have
some people here that can attest after the election I saw the turmoil that was happening
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in our city and I wasn't sure anything was worth the turmoil that we are going through. I
went to an opponent of Wal -Mart and I said why don't you just put it on the ballot? We
will put it on the ballot and if Wal -Mart wins that ballot issue will you back off. And back
off the recall and let Wal -Mart come. I mean you've always said let the people decide.
So that is what I was offering. And that person went to the leader of the anti -group and
the answer came back, no. We can't do that. We will not do that. So a couple weeks
later I said no string attached, okay. If we the city council puts it on the ballot, we have
to do a full blown EIR per state law. If the people put it on you can do it much faster and
I said while you are doing your recall petitions have behind your recall petition a petition
on whether we should have a Wal -Mart or not. It would be very easy and it would not
cost you anymore time to circulate that. And I was totally blown away when the answer
came back after, when Mr. Tran you and I talked about it even.
Tran: You talked about Wal -Mart again.
Clark: This has to be clarified because Senator Romero brought this up and I was
challenged by Ms. Shinen. But, the question on whether to put it on the ballot, that
needs to come out. So I was to ... and ..I 'm almost finished with this. But I was totally
blown away the answer came back after these people talked to the leaders of NO on
Wal -Mart. No, we will not do that. So I to this day am totally flabbergasted as to why
that was not put on as an issue. Then you could say, okay people don't want Wal -Mart
or the people do want Wal -Mart.
Audience: ??
Clark: Well Okay, if that's your reason. But don't tell me we didn't do it. I offered. I
offered two times.
C. Clerk: Next speaker is Steven Ly
Steven Ly: Rosemead PI
Mayor: Give him some courtesy, please.
Ly: Thank you, Jay. That's okay. Let them speak, because I'm speaking my piece too.
Fact of the matter is this, I want you guys to abide by the Consent Decree. I want you
guys to understand that certain people were lied to during this election. And you must
allow... sorry- go ahead, get it off your chest first because when I'm saying my piece, I'm
saying my piece. I want you to abide by the Consent Decree because it's the right thing
to do. These petitions were circulated in English only. These petition were done
incorrectly, suspend the election for now. Get a correct answer from the court. Not from
the California State Supreme court. Ms. Romero, thru the Federal Appellant Court. The
one that presides the State Courts. I want you to get an honest answer from these
courts. Figure out the right way to do it because I don't believe it is. I mean, time and
time again, I've come before this council to tell you the story of my mom. Talking to
councilmembers about my mom and what happened to her. That's okay. Jay, don't
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worry. Because you know what, I am saying my piece, go ahead and say all you guys
want to say.
Audience: We all know your mom loves Wal -Mart.
Ly: Yeah, my mom does love Wal -Mart and you know what the fact of the matter is you
did not tell her about Wal -Mart because of which I'm here today. I was not involved in
this process until my mom was lied to. I did not want to be a part of this process until
my mom was lied to. Fact of the matter is you violated the democratic process. Ms.
Romero comes in here and talks about the democratic process. Mr. Tran talks about the
democratic activism in the newspaper. About the democratic process. You have no
understanding of what the democratic process is. The democratic process is about
letting everybody, no matter what language you speak in and who are citizens of this
country have the right and have their voices heard correctly.
Audience: inaudible
Ly: However, you did not do it correctly. You employed shady tactics. The fact of the
matter is, if we want to talk about previous elections. And I did not want to do this, I did
not want to talk about Wal -Mart today. But since we've started this path. We'll talk about
the fact that in the last previous election the opposing factors took over $92,000 dollars
in union money. The fact of the matter is people like Judy Chu and Gloria Romero, Judy
Chu especially in the last six months has taken over $14,000 in union money. Don't tell
me that this is not a union issue. Don't tell me...
i'_SR IC 04-� MUTFIMMAIT iURi1Ce
Ly: Wal -Mart is actually union. You have no idea how much the union..you have no
idea..
Clark: Jay, We need to keep it off Wal -Mart.
Ly: I will do so. Go back to talking about community leaders because Ms. Romero is
here right now. I have a bill in my hand that Judy Chu once proposed two years go.
Audience: (Estelle Holtz) Judy Chu is not here.
Ly: Well, let's see. She came out a couple of days ago supporting your 2 candidates for
recall. Gee! I wonder what she has to do with the recall election?
Tran: Is she being recalled?
Mayor: Judy Chu is not here. But her aid was just recently.
Ly: Let me go back to my point. Judy Chu recently wrote a law, basically says if you
negotiate in a certain language a car dealership, negotiate in a certain language, that
Page 17 of 60 CC MIN 12.5 -05 SPECIAL INTEGRATED ATTACHMENT C
contract has to be in a certain language. Now look at this bill right new. Guess who it's
co author is..? State Senator Gloria Romero. I will just say this..., Gloria Romero and
Judy Chu should be coming out here right now saying that you must abide by this
Consent Decree because it was not multi - lingual. Mr. Tran and Mr. Lo, who's right there,
has stated previously that there were not enough multi - lingual speakers at polling
places. How come not other petitions themselves. How come petitions aren't in english.
The fact of the matter is....? The fact of the matter is, these petitions should be written
in the language of the people. They should be written and followed by the Consent
Decree. I ask the Council today. The fact of the matter is I am a Rosemead resident, I
deserve for my voice to be heard. That lady came up here from So. San Gabriel saying
that Maggie you should abide and listen to the will of the people. Listen to my voice. I
am our boss. I am each one of your bosses.
Audience: inaudible disruption, - -cross talking.
C. Attorney: Call the next one.
Mayor: Next speaker please
C. Clerk: Next speaker is Brian Lewin
Levin: Good evening, Brian Lewin resident of Rosemead, 9442 E. Ralph St. Tonight I
am primarily going to be addressing councilmember Clark, because all though I believe
that Mayor Imperial and Mayor Pro Tern Taylor do have a clear conflict of interest in that
they do a financial invested interest in this. I'm hoping that they will rescue themselves.
I suspect that they will not and I believe we already know Councilman Tran's and
Councilman Nunez's opinions on the matter. Therefore, I would like to appeal to you in
a sense of fairness and propriety. We have 4200 people who signed these petitions.
4200 people that signed these petitions. These people deserve to be heard. As the
person preceding me noted, they are your bosses too. 4200 members of our... who are
also your bosses said we want the right to do this. I understand that the Ninth Circuit
Court of appeals has ruled on one petition in one case. However, whenever you have a
ruling like this there is always fallout. It takes a while for everything to get sorted out. It
doesn't suddenly have the decision and everything is magically sorted and everything is
clear. It takes a while for this to happen. Some cases may apply, some cases may not
apply. Ex post facto for example, would it apply to something that has been set in
motion prior to the time that the decision was made. And it may or it may not. In this
case I think the correct thing, the honorable thing to do would be to allow the election to
proceed. And let the people say their voice and if they choose to retain Mayor Pro Tern
Taylor and Mayor Imperial, fine. And if someone wishes to challenge the election on
the basis of that law, they may do that at that time. If Mayor Pro Tern Taylor and Mayor
Imperial are replaced and they wish to challenge or some of their allies wish to
challenge it. Fine, let it happen. The fact remains these petitions were created,
circulated, and approved by the LA County Registrar of Voters by the laws that existed
at that time. Therefore the election should proceed. Any liability for this I strongly doubt
would rest upon your shoulders. Because this is something which has... the proper
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procedure has been followed and then you would be able to have as your defense
should it arise the procedures as they existed at the time were followed and there was
no clear case of violation and no clear verifiable reason to cancel this election. Because
as I noted a very portion of the electorate has spoken and has requested this election.
And I urge you strongly to listen to your conscience, listen to the people and do what is
right. Keep this election.
Mayor: Thank you for your comments
C. Clerk: Next speaker to Ed Stepanen (tape 1 B at 50 %), not transcribed)
He went out alone and got about 200 signatures.
C. Clerk: Polly Low is our next speaker.
Low: Good evening, Polly Low, 1039 L Presa, Rosemead. Good evening,
Councilmembers. I just want to kind of re- emphasize what has already been said. SOC
filled the recall paper work based upon the rules and regulations that they knew at that
time and we really did and we did the best we can. (transcribing not completed)
(He invited Romero and Chu to meeting)
Yes, you know I don't think that Peter had agreed? To open up when he said let's look
at the Santa Ana thing. I think Wal -Mart is being pushed. But, no way Wal -Mart wants
this election. Wal -Mart knows they are going to lose big time on February 7th. And
don't smile Peter because you know very well why we are here. Because it has come
down that if we stop the election, we'll maneuver and maneuver until we get something
on that lot. Some irreversible decision made. It is nothing but a stall tactic by Wal -Mart.
Now you guys have carried the water for Wal -Mart long enough. For God sake don't go
out to the public as again saying no to the people who voted. Because that is what Wal-
Mart is asking you for again. The people in Rosemead worked hard, yes I am from So.
San Gabriel, I could not walk. But they came back tired in the hottest months of August
and July. The almost gave up about 2 or 3 months before but nobody would let them.
And so they went on to get almost a thousand more votes than they needed. Because
people want the right to vote. Rosemead is a new city it's very slow coming into the
process. It has a very low voting. So people are getting interested, they want to vote.
Nobody wanted to recall two people. But they could not wait for the next election to get
two more no's on Wal -Mart. They could not wait. So that's you just happened to fall in
the wrong category. You had to go in order for the people to get four votes against Wal-
Mart. Super majority and they are long gone. Please think of the people of Rosemead,
you carried water for them long enough.
Speaker Larry Bevington
Bevington: I live at 8372 Rush St. One thing about coming this far behind on the agenda
most of the things you think are important say have been said. My? in this case I'll just
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make two comments. What I had written out here. Again I want to make sure that its
clear the City Attorney and his memorandum said whether or not the defective petitions
would invalid the election was not answered by the Padilla case. So, it really didn't
speak to these things except that one Santa Ana School Board election. I've always
been interested in the desenting vote on a point like this. I going to read a few of the
decending votes. Points that were made by the ?? judge. In effect and I paraphrase
some of it. Not in Iegaleez. The signers could simply refused to sign. I don't
understand, they were not denied anything. They had that right, I don't understand it.
The signers could have sent in a postcard and requested removal from the petition.
Which was actively promoted and terribly unsuccessfully as you know. The signers
could have voted no on the election in the Santa Ana case. There are two other Circuit
Courts that decided the same kind of an issue and as so often happens the Ninth Circuit
Court is the most over turned count in the United States. And they had disagreed with
these two other courts. Both of these cases said petitions were a product of the people
and therefore do not come under the wording of the Voters Rights Act. Another thing
they made important is that the laws in the states and rules in the States of California
are not much tougher than most other states. And they prescribed by law what you
have to do and it also says that petitions must be handed in and reviewed by the
governing body and must be in order prescribed by state laws. What I am really trying
to say is we put in a petition. I put in a petition for a ?? altered sent back to the city, had
to be changed. And many things added to them and we circulated those petitions as
approved by this city. Another thing they brought out was somehow this opinion
basically in opposition to the peoples right to petition their government. The ? now if
this is allowed to stand as full wording as it is in and the law that you have all these
things on the page that people sign. We were almost at a full page putting the notice
and the replies and the ? parties on one page and were restricted on a whole sheet of
paper down to five signature pages and is you have got to go to four languages you can
see what that does to a petition. The rules of the city, State of California come out to be
continued, it would become so arduous and expensive and questionable how you put
one of these together. And it would almost be impossible to do an initiative a
referendum or a recall or that kind of petition. Two others points that he made or said.
The real purpose of the petitions is get as many people, 20% in this situation to sign the
petition. And so it is their purpose to reach as broad a population as possible and have
a large number and certainly is not to exclude a group by a language barrier. As it
turned out we found some people some people that need the Spanish or other language
interpretation. We then went back marked those ? on our list and went back and talked
to them in their own language. So it is not a case of denying their right to know or vote
on anything else. In this case we did as good a job as we could. A ? has to be reached
there has not been any notice of intention to sue the city over the issues of
languages... Therefore any action at this time is presumptuous. All the action the city
has proposed did work in accordance with the law at that time. And the reversal...? is
certainly untimely and most people would be .. You do the laws as they are and to go
back and say I'm going to change the laws, after you are 90% thru the process is not
proper. If the City Council is going to take an ...like this, it would be proper in this sense
to ...at such time there is a threat or notice of proposed suit and therefore the city
council should not act on this tonight. Let it run its course. And if any of these things
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happen at that point they can make a decision on what they are going to do. Thank
you.
C.Clerk: ? Choi ?
Choi: Let me first say that Assembywoman Judy Chu is involved because she
represents the citizens of Rosemead.
Mayor: Can you give us your address and name please.
Choy: ?? I'm representing Assemblywomen Judy Chu. Let me say that
Assemblywomen Judy Chu is involved in the this because she represents the citizens of
Rosemead and she believes in the democratic process. I will be ready a prepared
statement from Assemblymember Judy Chu of the 49 Assembly District. "I strongly
oppose the motion to cancel the February recall election. It is not the place or the
jurisdiction of the City Council to cancel the recall. Rather it is the perveiw of the courts.
I strongly support going forward with the will of the people to address the
appropriateness of that representation by asking for this recall election. The recall
petition was approved by the Rosemead City Clerk and the Los Angeles Registrar
Recorder. Let the recall go forward then let the court decide if it follows the letter of the
law. The Council's job is to set policy not to adjudicate it. The motion to cancel the
recall is unfair and unpressidented effort to deny the residents of Rosemead the
opportunity to express their concerns and priorities in this community and stifle the
democratic process. Thank you.
C. Clerk: Mr. Flournoy- speak -Jim
He already submitted a card.
Taylor: Yes, he already spoke.
C. Cerk: Nativo Lopez
Lopez: Good evening. Honorable Mayor, Honorable councilmembers. My name is
Nativo Lopez. I'm the National President of the Mexican American Political Association
and the National Director of ?? Latino Americana (group). At the risk of inserting myself
in the local controversy of the current recall election process. Permit me to share with
you my perspectives on the proposed resolutions to set aside the recall election in the
City of Rosemead. I've heard that my name has been used in vain in relation to the
recent Ninth Circuit Court decision on the litigation Padilla vs. Lever of the Orange
County Registrar of Voters. This particular case arose as a result of fraudulent and illicit
election activity conducted by professional paid signature gatherers who collected
signatures disceptively on recall petitions to remove me from the Santa Ana School
Board in 2002 and 2003. The petition was certified by the Orange County Registrar of
voters in English only while some 25% of the electorate worked and are today are non -
english speaking. Spanish and Vietnamese preference. That election was bought and
paid for by antibilingual education multimillionaire advocate Ron Unz. The author of
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proposition 227. The Anti - biligual Education ballot initiative. The recall election in Santa
Ana resulted in the violation of the civil rights of non - English speaking voters and my
removal from office due to my principle advocacy for parental choice of bi- lingual
education. The Ninth Circuit Court recent decision in favor of the plaintiff Padilla is a
vindication of the allegations of fraud that we made in 2003, 2002 and 2003. What an
irony that our fight for bi- lingual education and the civil rights of non - english proficient
voters would be used today in Rosemead to impede a certified recall election and thus
subvert the will of the citizenry. I ask you council members to not stand Padilla vs. Lever
on its head and use the rigourness? of that cause to sustain the last breath of the
political life of recall targets. Let the will of the people be done. Proceed with the recall
election allow the recall concilmembers to make their case before the electorate and let
the rule of law prevail. Thank you.
C. Clerk: Our next speaker is Julie Wang
Wang: Good evening. My name is Julie Wang. I live at 1012 S. Marengo in Alhambra.
First of all I want to thank everyone in the room. I sincerely mean everyone for being
here. We're literally witnessing a miracle. And for me personally it is a miracle because
it is a reminder for me as a strong advocate for democracy is indeed true and alive.
Everyone has sacrificed their time, their energy their money to be here. To stand up for
what they believe in and indeed that is what we are here about. For me, and I will give
you a personal story and a very short one. I know everyone is tired. For me, I think the
most deeply personal lesson I've learned in past four or five months of volunteering with
Save Our Community is from my mentor Estelle Holtz. Who I think to be our understudy.
Very often and Mr. Taylor your smile because I know she shared many wonderful
stories with me about her experience you and Mr. Imperial.
Mayor: Her what.
Wang: Her wonderful experience with you both
Mayor: Oh, Lets hear a clap. I finally did something right. Go ahead.
Wang: Many things right Mr. Imperial..? You know witnessing somebody that has never
run for office willing to sacrifice their time, her energy, her money, her family, to serve
our community is such an amazing experience overwhelming experience for me.
There's so few human beings like that on this earth. And they are indeed the once that
keep democracy alive. They have no personal ambition they have no personal agenda
all they want is social economic justice. And I need someone like that and standing
aside what someone like that just can't. I can't help but have tears in my eyes and want
to work and volunteer with her. She never claims to take me on as an understudy. I
just proclaim myself as one. I hope, for me the miracle tonight, perfect miracle if by
some act of God that a few months later a few weeks later I hear that Rosemead City
hall had a meeting and there is a four vote moratorium on Wal -Mat construction without
really having the recall election. To me that would be an act of God. To remind the
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people that Estelle Holtz does have an impact and can live that thrive in the United
States. Thank you very much.
C.Clerk: Senator Gloria Romero. She has a speaker card.
C. Clerk: Ron Gay
Gay: Good evening. My name is Ron Gay, residing at 4106 Encinita Ave, Rosemead.
Mayor, City Council and elected officials here. I'm going to read you a little something
because I want this to go on the record and I will be giving you this document when I am
done with it, so bear with me. It's not too long. The December 5, 2005 memorandum
from Pete Wallin, City attorney, asserts that because of the recent decision of Padilla
VS Lever the city is now faced with the prospect of spending pubic funds on a special
election that is likely to be determined invalid because it was initiated by petitions that
violated the Voting Rights Acts. The memorandum then concludes that the City Council
has two options. Both of which will expose the city to litigation. The memorandum
completely ignores 20 yrs of decisional law for the California courts that protects the
precious right of the voter in the form of referendum, recall and the initiative. Resolution
number 2005 -45 is enacted by the City Council would rescind a qualified recall petition.
In doing so, the resolution would disenfranchise the publics right to vote on a ballot
measure in violation of the California Constitution and California Elections Code. What
the moratorium fails to analize is that the Padilla decision was a post ballot challenge
properly brought by individual citizens with proper legal standing to seek a declatory
judgement. The citizens of Santa Ana initiated the effort after the result of the ballot
measure were realized. In contrast resolution number 2005 -45 is effectively a pre ballot
challenge. Okay. A pre ballot challenge to recall petitions that City Clerk has properly
approved as to form in accordance with election code 11042 (1) and to which the elector
has not had the opportunity to cast their votes. If in fact there is a chance of litigation
regardless the City Council would still be wise in not starting the fight. Especially at the
pre ballot stage of the elections process. Notably the Padilla decision references
Election Code 11042 (d) in the context of its post ballot challenge analysis. The code
section provides that and I quote, no signatures may be affixed to a recall petition until
the election official has notified the proponents that the form of the wording for the
proposed petition meets the requirements of this chapter. With this chapter, being
chapter one of decision two, of the California Elections Code. The limited discretion that
the election official exercises in a voter initiated recall petition is to insure the proper
form of the recall petition mandated by the California Election Code. As opposed to
reacting to alledged violations of the Voting Rights Act described by Federal Law. For
the City "Council to affirmatively to weigh in and effectuate a pre - ballot recision of the
qualified recall petition is unwise, illegal and pretext to slam the door shut on the
electoral process. An exact opposite outcome intended by the Voting Rights Act. If this
City Council approves resolution 2005 -45 their intention to close rather than open the
electoral process will be made clear to the citizens of Rosemead and to a reviewing
court. The resulting pre - ballot decision will be caused by the undue influence of those
seeking to prevent an election when sufficient signatures have been gathered. Rather
than by interest of individuals seeking access to sign a recall petition. In 1985 the
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seminole decision of ?? aton VS City Council explained that it is more appropriate to
review Constitutional and other challenges to ballot propositions or initiative measures
after an election. Rather than to disturb the electoral process by preventing the
exercise of the people's franchise in the absence of some clear showing of invalidity.
The city attorney memorandum references the expenditure of public funds on a special
election that is likely to be determined invalid. When under the Botare? Decision the
only action likely to be determined invalid is the pre ballot recision of a qualified recall
petition. The California Courts are clear. The State Constitutional right of initivive,
recall, and referendum is an I quote, "one of the most precious rights of our democratic
process. These powers are reserved to the people not granted to them thus it is our
duty to zealously guard these powers and construe the relevant Constitional provisions
literally in the favor of the people's right to exercise ? ? ?..... which you will have all the
things you need to go back to. Reaffirming this settled law of twenty years the
California Supreme Court recently stayed a Superior Court decision directing the
Secretary of State not to place proposition 77 on the November 8 2005 ballot. The
Supreme Court concluded and I quote, "It would not be appropriate to deny the
electorate the opportunity to vote on proposition 77 at the special election to be held on
November 8 2005 on the basis of alledged discrepancies. The same rationale applies
here. With the noted distinction that here in the city's election official already confirmed
the proper direction for the city to take. I respectfully urge this city council to do nothing
to interfere with the electoral process. Especially at a point in time, when the electorate
has not cast its vote one way or another. Thank you.
C. Clerk: Barbara Murphy
Murphy: That's alright. Everyone has said everything I was going to say.
C. Clerk: Fred Herrera
Herrera: Good evening. Fred Herrera, resident of Rosemead, I can't believe I'm up here
tonight after all, a year was it, the Senator said and agreeing with John, John and the
Senator. John says we should test whether this is legal. And I agree with him. Ms.
Romero here says that should defend the rights of recent immigrants and people who
don't speak English. And I agree with her. They both said that we owe it to the
electorate not to stop this election or this recall attempt and I agree with them. It seems
we are all saying the same thing. No one is asking this to be stopped. But I think it is
prudent that we make sure that the rights of those people who don't speak English are
represented. Many of the signatures for this petition were gathered in the northern side
of Rosemead and the demographics indicate its a significant number of recent
immigrants. Those petitions were gathered I believe, and I agree with some of the
speakers, the facts were misrepresented in the collection of those petitions. I personally
spoke to a woman who does not speak English and she was given bad information. I
don't think its fair and I think its prudent that the City Council guard the treasury of the
city. By postponing this election until, as one of the speakers said, in all due respect to
the City attorney, you are obviously not a judge. You are a city attorney. And as an
attorney you present an argument and a judge decides on it. Continue the course. If a
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judge finds that this was gathered correctly the petitions were gathered under one set of
rulers and the election will be held under anther. In the interest of the City to protect the
money that it is going to cost. The ten's of thousands for this election. Let's hold off on
this until a Federal judge decides whether or not that petition was in compliance. If that
judge decides that it was in compliance then as the future ex- Senator said. Let the
people speak, John will be satisfied that the law has been followed. And you won't be
forced into becoming a judge. Postphone the ? ? ?? until we can have a legal decision
on whether or not the interest of those people who don't speak English were
represented and protected. And if that judge finds it was done correctly then, let the
people speak. And I hope they keep your guys.
Mayor: Thank you.
Well, members of the City Council, First, a lot of points that I want to cover have been
addressed by a number of the other speakers. So that means I can keep it short. The
other thing that will keep it short is my actual prepared remarks I forgot to bring with me.
I just got a quick outline here. First issue of course is we want to address the recusal of
Mister Taylor and Imperial. Obviously there is a conflict of interest. And I would
certainly expect you to recuse yourselves from any issue that would directly affect you ?
future.
Mayor: If that is an accusation. I don't agree with it. Go ahead.
Kunioka: It is not an accusation.
Mayor: I mean we're looking at integrity and mine will pass the test. Go ahead
Kunioka: Okay. We will see.
Mayor: I come from the other side of bridge.
Kunioka: I don't know what that means. In the terms of ....of this next piece are
somehow related to the Padilla VS Levis case, I certainly want to stress the many
differences between that and the petitions gathered here in Rosemead and those in
Santa Ana. First of all, ? ? ?? deception as you heard from Nativo Lopez, who I was
shocked but pleasantly surprised to see him come here. Many of the claims he had, his
problem was in people going around and gathering petitions in Santa Ana not telling
people it was a recall. Telling people it was only to gather information. And of course
there are no accusations. No one has made any statement. No one from Wal -Mart,
None of the six mailers that Wal -Mart dollars paid for. None of the fliers that came from
your campaign or from Rosemead PRIDE. No one has made any claims that we were
not explicit in telling people this was for a recall. There are a couple of people who have
made claims about the rationale for the recall. They were upset apparently than rather
sticking to a single issue. We who walked with petitions listed a whole laundry list of
reasons why we wanted a recall election.. No one's saying we aren't saying this is for
a recall. That's not disputable. And that's an important difference between this case, or
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may be this case, and the Padilla VS Lever case. I also stress the .... information
available, of course the Rosemead PRIDE -Wal -Mart dollars paid for. I got about six
mailers from them. And so there was a real effort apparently if people wanted to recind
their signature they could have. A number of those postcards did get returned. Most of
them were not. By people who actually signed the recall petition. But there is certainly
information information out there so if people wanted to remove their signature they had
the opportunity. Never the less we still turned in 4800 signatures. 4200 of which were
verified as Rosemead voters at the time those petitions were turned in. The Padilla VS
Lever case also is based on an inappropriate precedent. Cites very importantly that an
issue called? Zaldave VS City of Los Angeles which also concerned a recall issue in the
City of Los Angeles. And the reason why that is inappropriate precedent is because Los
Angeles is a charter city, Rosemead is a general law city. The laws the regulations and
the ordinances that govern recall and initiatives in the City of Los Angeles are not the
same rules that apply to the City of Rosemead. And also note there's conflicting
precedent in this particular issue that have already noted by a number of speakers. The
10 and 11 Federal Circuit Courts have said very explicitly that you do not have to
have mutilingual translations on initiatives or recall or referendum. Also this particular
? ?? was not a unanimous decision. It was 2 to 1. One of the judges voted against the
requirement. And he made very compelling arguments I thought about violations in
equity and fairness if he were if this rule proposed by the jurists was adopted. It seems
pretty clear that if this case were to be appealed either by the entire Ninth Circuit en
banc, or if it were to be appealed to the Supreme Court I think a lack of it prevailing
would be great. It doesn't seem reasonable that ?? could be turned on its head and
keep people from being able to vote rather than insuring that everyone got the
opportunity to vote. And also this final action was also addressed. When I was here,
again as Senator Romero stated, almost exactly a year ago, I think it was December
10 sitting in that chair right over there. And Ms. Clark you were sitting in the Mayor's
chair. And we had these petitions for referendum, I shouldn't say we, I had nothing to
do with the referendum petition. I wasn't active in Save Our Community at that time.
But, literally, and I'm sure you didn't mean it irrespectively. Ms. Clark but you laughed in
the faces of Save Our Community when you told them "You guys messed up. You guys
should have come to us and ask us what you had to do if you wanted to have a petition
to allow a referendum on the Wal- Mart." I don't think you remember that and I was
appalled and I was a little ?? and I know you, I assume you didn't mean it
disrespectfully. And ?? me and a lot of people. I'm sure it wasn't meant disrespectful.
But you told them you guys, you guys, Save Our Community have got to follow the
rules. Come to us and if you wanted to do this you should have done it right. But in this
case with the recall petition of course we did do it right we went to the City Clerk. We
had our petition approved by the City Clerk and then by the Board of Registrar of Los
Angeles County. Followed all the rules. The standard for the recall in the City election
as you know is very high. Some of you have been active in this before. You need 20%
of the registered voters in Rosemead have to sign our petition. By contrast, I don't think
people quite understand. In the case of the Governor's recall in 2003 the standard for a
statewide recall was just 12% of the voters that voted to put him in office. So if a similar
standard was applied in Rosemead all you needed was 12% of the votes that
participated in the election that got you guys elected. We would have needed about a
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hundred signatures would have been done in half a day. Two hours of walking and you
are done. Instead we had to raise that 20% number ?? around. I personally almost
gathered almost 200 myself. It was also very ?? volunteers. Obviously no one was paid
to do it. I walked voluntarily. I went door to door on weekends and every evening. It
was a long and hot summer but in past because I thought Save Our Community was
disrespected in the meeting here in December. I was angry enough, yeah. I wanted
personal accountability of City Council. So we actually managed to get about 25% of
the registered voters in Rosemead to sign this petition. That's not an incredible feat. In
fact 4,800 signatures, 4200 verified signatures as most....? know that is about four
times as many people who voted for you here in the last reelection campaign. Also, it's
not a trivial matter. It's not a typical election. I don't see how you can just imagine how
many voters signed these petitions. It appalls me. That you would even consider
cancelling this election. Unless you have compelling irrefutable legal evidence that
there is just no choice, you have to cancel it. Then has been noted several times by
other speakers but in fact it is in part conflicting legal precedent. It is not a matter that
you have to do do one thing or the other. I mean if the other side wants to challenge it
legally they are free to take it to court. The City of Rosemead ought to stand by the
rules that have been set up for the people who gathered these petitions..?
Mayor: Maggie Clark
Clark: I want to just clarify that what I said was that the attorney that advised you what
to do the referendum on.
Audience: Bevington: No you didn't
Clark: I'm not saying you should have come to us. I said your attorney. And I hope you, I
told that to several people, I hope you didn't pay money to the attorney. Because he
messed up,
Kunioka: And I don't deny that. Obviously he kind of screwed up. It is appalling to say
that you can be on the bar of the State of California and make some silly mistake. But
you also ask us if we wanted to do that. You told us that we should have come to you.
You should have come to City Council and ask us what do we have to recind. Is the
development agreement that's to stop this. Or do we have to change the zoning and get
?? ordinance ?? you were very specifically telling us we should have come to you and
you would have told us what we had to do to get that recinded.
C. Clerk: Yuki
Yuki: My name is Yuke Fukumoto, I live in Rosemead. 1807 Delta Ave and I have a real
simple plea. Is to let the election go on. I was here on the night of the referendum and
you took the vote of the people away then. And this is the second time you are trying to
take the vote away from the people. I have never seen a council who advocates for
others, whoever that may be, but not for the people. If you had worked as hard for the
people as you do for the other entity I think we would be in better shape. All I ask is that
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let the people vote. If you are afraid of the consequences than so be it. We have
consequences as well. We may lose too. But we want it to go to the vote. That's what
did for the referendum. That's what I did for the recall and so I ask you. I don't know if
you have a conscience about letting people vote. I think you have been there a little bit
longer than you should have. You do not own the city. One thing more to say. One of
my colleagues, Marlene, has said its not over until we win.
C. Clerk: Jim Clouet
Clouet: Good evening, I'm Jim Clouet. 3719 N. Ivar St. Rosemead. I'm also a candidate
for this up coming election. I think the message that you got tonight is pretty clear and
I'm not going to reiterate what other speakers said. But I want to remind everybody in
the closing hours of this meeting. That there already has been an election. It's done.
Even if 25% of the people had no idea what they were signing its still 3,000 people out
there who consider that there is something wrong in the city government. I'm not going
to sit here and point fingers. I'm not going to make accusations because I'm not those
3,000 people. The 3,000 people believed that they don't feel that the city is up to par.
They don't feel safe enough. They don't feel like there are enough programs for the
kids after school. They don't feel that it is a clean enough city and progressive enough
city. They have lived here, they love it. We were cut off. The petition drive was cut off
simply by time. Had they continued it would have been 4,000, 5,000, 6,000 7,000
signatures. There is something wrong. Regardless of how you vote this evening.
Everybody needs to keep in mind that those petitions are out there and they need to be
resolved. Thank you
C. Clerk: Rosie Lazario
Lazario: Good evening. My name is Rosie Lazario. I live at 9225 E. Steel St. I come
today ... (end of tape 2A) ... to this country to make a better life for themselves were lied
and tricked into signing the petition.
Mayor: Let's give her a chance.
Lazario: I made the callings. I'm just bringing out the facts. The circulators told them
that the petitions were about cleaning up the city, cleaning up the parks, cleaning up our
city. They never told them it was regarding Jay, Gary. They were told that was to bring
Wal -Mart. Sign here, bring Wal -Mart, sign here. I spoke to the Hispanic community that
evening ad several people have said they were upset saddened, they were shocked.
They couldn't believe that this was going on. We know very well that these petitions
are to recall two councilmen, who supported Wal -Mart. It is obvious. It is not too clean
up the city. It's not to clean up the parks. When I told them what this was about
recalling two councilmembers and Wal -Mart, they became angry. I could feel their
embarrassment. That was the first thing they were embarrassed. They said democracy.
I didn't understand what they were saying. How can you being democracy. I mean they
have the right to speak. They have the right to understand they need to have these
petitions in their language. They needed to know that this was not to support Wal -Mart.
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This was not to clean up the city. This was not to clean up the parks they live next to. It
was there right to know exactly what they were signing. So may be they did tell them in
English. Sign here we will clean your park. That's an embarrassment. The petitioners
took advantage of the people who could not speak the language well. So today.) come
in front of you as a Mexican American who understands English and I'm very fortunate
in that. I ask you today to delay the election so the courts can decide on the validation of
the petition. Just delay it, if they decide to go along with it than you lost no money on
going out there and doing what you have to do and continue where you left off.
Because in my heart I know that the petitions, the petitions should be thrown away. Just
like the people did....
Mayor: Give somebody some courtesy.
What does it take to give somebody some courtesy? Now answer a question for me.
Because it has been a big one in this campaign than everything else. You talked to the
people in the Hispanic community, Right?
Lazario: Yes I did
Mayor: They are the third highest population in this city from what I understand. How
many of them knew about what was happening?
Lazario: None of them that I spoke to.
Audience: Cross talking.
Lazario: I have the right to speak.
Audience: Shouting and cross talking
Mayor: Hey, hey, knock it off. Were you next on the list
Speaker: Yes, Sir
Mayor: Sorry to interrupt you go ahead
Damian Navarez: Good evening, Councilmembers and folks here tonight. I agree with
several people here. You do need to be respectful to everybody up here speaking to
give them their time. You would like it to. I agree with both sides. The gentleman
speaking over in the corner. Mr. Ly. Okay. You make a point there. They represent us.
They represent our votes. They represent our needs. It's true they work for us. I told
you that in a meeting about two years ago, when I did a petition for Zapopan Park and
the surrounding community. I advised you at that point that you do work for us. I just
moved a year ago and I came back to Rosemead a month ..two weeks ago. 3043
Charlotte Ave in the city of Rosemead. And I noticed changes around here and I was
kind of fed up with Rosemead at the time I left. I moved to Covina it's a pretty good
community. It's kind of unincorporated where I live. But it was similar to Rosemead in
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certain respects. I moved back because of traffic reasons so now I'm back here. Last
night I went to Star Bucks, it was a good experience. I went there and enjoyed coffee.
Walked to Beach's Market, Sav -On's which I grew up there since the age of thirteen and
I did not encounter any problems or harassment or anything like that. I think a Wal -Mart
proposal is a good deal.
The location is a bad area. But I think we are in need development in the area. We do
need different things. We look at different areas and that would be a great thing. You
know, give us certain things on that. I not going to talk to you much more on that. But
the reason I'm here tonight is, I really did want to get involved with this and I really didn't
Want to be up here tonight. But I have a question for Mr. Tran. How were you elected
here? Are you the first Asian elected official in the City of Rosemead?
Tran: Yes I am.
Navarez: Good, Times are coming. Times are changing folks. I'm sorry to say that but
times are changing and the winds are blowing. Okay. My mother Bertha Savadra owns
the house that I currently live in. I rent it from her. Fifteen years ago, her and an
attorney named Benillo? Basera who has a law practice in the city of Montebello came
here and they were up before the City council meeting for an English only ordinance
that she told me tonight that Mr. Imperial and Mr. Taylor wanted in the City of
Rosemead because they saw back in 85 and 88, the encroachment of Monterey Park.
And they said, God, we don't want that. We want English only signs. She came and
said no that's not it. She spoke here that evening. I don't know what date it was but I'm
sure if you pull the record its there. But she has worked many times as an advocate for
people all over LA. Currently, she works in Pico Union, at a non - profit organization and
Mr. Basera also represents people without a voice. For them to tell me that, it just came
to me that you have to go and let that be heard. I read in the paper that ....the catalyst
"that you are using to prevent this election happening is that you.need it in different
languages. But if you had it your way fifteen years ago then it would have been in
English only.
Taylor: A point of information. That is not, your statement not true. Did you look in the
city council minutes?
Audience: Bevington We can't hear you... He said did we look in the city council
minutes.
Taylor: Did you look in the city council minutes to see what that discussion was about.
What did it say?
No, I do not know. I did not read it.
Taylor: But you accused us of saying that and that's not true.
But this is what I've heard.
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Taylor: Okay. But let's set the record straight. Get with the City Clerk and go get the
minutes.
Navarez: Okay.
Taylor: What was happening is that the businesses were putting up foreign language
only and the stipulation was that they had to have at least six inch letters so that the
people living in the city and the law enforcement people could read the name on the
building.
Navarez: Okay
Taylor: That's all it was about. And you are welcome to get the minutes.
Navarez: Okay. I do appreciate that.
Mayor: I do appreciate that fact though what you have done to help us clan up that area
there.
Navarez: Right. And you have done stuff and I...
Mayor: I appreciate it. Thank you.
Navarez: And thank you for what you have done. It didn't come at an easy price. And I
heard initially it was was kind of ... I sensed apprehension from the city council at the
time I was doing that. Granted you came along. Mr. Wagner helped out a lot. I
communicated with him. Deputy Jewett, they helped out immensely on that and they
were very helpful on that. But, back on the subject here. If you go back, like I said times
are changing. He just got on the council. It was because of change. It was because
people were upset and that's what's going to continue to happen. Regardless if the
election does not occur tonight or in February, I'm sorry it is going to happen eventually.
Time is changing and if you stay on another year and it happens again that election is
going to occur gentlemen and that's all that is going to be. And after that if you want to
go back further in history with the State of California. The State of California is a funny
place. We used Hispanic and Asian as pawns, in a political chess game. Governor
Stanford in the 1800's wanted to get rid of the Asians. But he brought them back when
he needed cheap labor in order to build railroads. 1920 they wanted Mexicans to build
canals in El Centro. After they built them instead of giving them jobs they sent them
back to Mexico. So now what's happening our languages are being used at the ebb
and flow depending on who needs it. Those people are being used and their voices
aren't being heard. That's all I have to say.
Mayor: Let me explain something to you. Whatever we do in our meetings with the
properties okay. And I started this thing a long time ago and the council agreed with me.
If you come up here and say something needed to be done and I answer you and see if
you understand and if you go like this —(head motion) that gives me a trigger. The
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council has seen me do this time and time again over the years. I ask the question
again. Are you sure you are understanding me? Are you sure you understanding me? I
make sure that we cancel that until we get an interpreter in here because I want to
make sure they understand. It is affecting their lives. Okay that's the way we operate.
That's number one. As far as the community out there. I ask you a question about the
Hispanics. I've had another problem, incidentally my wife is Chinese and a wonderful
lady, okay, and I'm very proud of her. But we have the Asian population that is not
being talked to. It's not coming out in the newspapers like it should. I can show you a
lot of people that are Asian, Hispanics. I adopted as my little granddaughter, a little
Hispanic girl okay. They are not getting this information. They are coming to me and
saying we are not getting this information. If we want to do something go out and talk to
these people in other cultures and find out what their needs are and talk to them okay.
You are going to find the majority of them are not getting the information okay. Do that
for me. Go ahead.
Navarez: I just want to say again. Respect other people that are up here folks.
(not completed 2 or 3 minutes more)
C. Clerk: Mr. Mayor at this time we do not have anymore speaker cards.
Mayor: Okay, Thank you. We haven't passed anybody up.
Tran: Mr. Mayor.
Mayor: Yes
Tran: At this time, I would like to make a motion, due to the fact that we do not have all
the information required to make a decision tonight; therefore, I'm asking in the form of
motion to adjourn this meeting
Nunez: I second it. Also, that the... I say I seconded the motion. And I also want to
remind City Councilmember Taylor that told me when he abstained on a decision that
we made not to long ago on a contract for the disposal company. He said to me, "I
don't vote for anything that's not completed, a completed contract." Mr. Taylor, I can tell
you right now the information is not complete...? and I think you know it. Should let us
adjourn this meeting and let the course go and let the courts tell us what to do.
Taylor: Call for the question Mr. Mayor
Mayor: The question has been called for, all in favor.
Taylor: No, lets vote it out. Your motion is to adjourn the meeting, alright.
(vote 3 nos, Clark, Imperial, Taylor; 2 votes yes, Tran & Nunez)
Taylor: Alright Mr. Mayor. Now we can continue with this meeting. There were many
items brought up...
Page 32 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Audience: Let's take a break.
Taylor: Alright. Let's take a five minute break then.
Mayor: Let's take a five minutes break. Please. Back in five minutes.
Mayor: Banana Republic (sign in audience) That's alright. Nothing wrong with that.
Meeting is now in order again.
Taylor: Mr. Mayor
Mayor: Go ahead
Taylor: Alright. Mr. Mayor my objection to the recall process started before the
signatures were turned in. And I would like to go back to June the 27 I wrote an open
letter to the residents of Rosemead and I would like to read three short portions of this.
It states many residents were concerned about gun sales on September the 7 and
bear with me there was a lot of discussion about air pollution, the referendum, the union
money and what went into it. So I'm going back to the gun sales that was decided at
the public hearing a little over a year ago at Rosemead High School. Many residents
were concerned about gun sales on September the 7 2004. Sixty planning conditions
of approval were required before Wal -Mart could build. Condition number 60 states .
No gun, handguns, rifles or other types of fire arms or ammunition shall be sold from
any business on the project site. To help with the safety of the children who cross Rush
street. Wal -Mart will pay for a crossing guard for the next 20 years along with a flashing
beacon lights at the school crossing. The same people that organized the repeal of
ordinance 836 are giving more false information in the recall petition against Gary
Taylor and Jay Imperial. Many people who, were in favor of the Wal -Mart were tricked
into signing the referendum petition on ordinance 836. The actual demand made by
SOC group to repeal ordinance 836 is as follows: "We the undersigned demand that
Ordinance No. 836 be reconsidered by the Rosemead City Council and repealed. Or if
not entirely repealed that ordinance 836 be submitted to a public vote of the people of
the City of Rosemead at the next regular local election or if desired buy the City Council
at a special election called for the purpose. The City Council was required by State
laws to repeal Ordinance no. 836 as demanded by the SOC group. Wal -Mart did not
instruct the City Council to repeal Ordinance 836. The City Council repealed Ordinance
No. 836 and saved the residents of Rosemead the approximate cost of $35,000 dollars
to hold a special election which would not have stopped Wal -Mart from building the
store. Many of you who are registered voters received an election letter from organizers
outside the city and their supporters stated, the Rosemead City Council thru the
petitions in the garbage. That is a statement. The statement is a deliberate lie. The City
Council by State law is not even allowed to look at the petitions that were signed. This
lie was an attempt to destroy the honesty, integrity, character of the entire City Council
and even the City Clerk for not keeping the petitions secure. The petitions are still
locked up by the City Clerk in a secure place as directed by state law. You may call the
Page 33 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Rosemead City Clerk, the phone number, and verify that she indeed did secure the
petitions and the councilmembers did not throw any petitions in the garbage. Now I
have to respect ever single person in this room, rich or poor, and if you are gathering
petitions and getting signatures and such. Those petitions come in with the weight of
law behind them. As for us to be accused of throwing them in the garbage, what do you
think that statement implies?
Audience: Figure of speech Gary.
Taylor: Isn't that nice. Sticks and stones will break my bones. But let's send this letter
out to 15,000 people and let them get the impression and the innuendo that this means
nothing to your City Council. Throw it in the garbage and they will think we disrespected
them. Poor people want to be respected, middle income want to be respected, the rich
want to be respected. So when people come out and they say we through it in the
garbage because it was rotten, it was no good; just get rid of it. That's what the
statement was and it was a deliberate statement. So getting back to some of the others
that's lies and deceptions. We had three or four people come up tonight and talk about
the petitions and how they were tricked into signing them. They didn't understand what
it was. They told them things that weren't true. Clean up the parks, clean up the city,
whatever.
Audience: Cross talk
Taylor: Let me continue on with what we've got here. Here's a letter in the an article in
the Tribune dated,... there is not date on it, but it is recent. Turning in the petitions to the
City Clerk. And there is a comment right here where Mrs. Clark states something "Some
people told her signature gatherers claimed they should sign the petitions if they are in
favor of Wal- Mart". Clark said. And I have had the same thing told to me and these
people that stood up here and spoke about being told lies, being told different items,
that did go on. But we don't know the number. Going onto the next item I would like to
read. This is from the ....the minutes of the City Council meeting of 9- 27 -05. When a
Ms. Rosemarie Gonzales came up and spoke. As she stated, and I'm paraphrasing.
Audience: Cross talk
Taylor: Anyway, I'm going to read what she stated. Don't let it be read. Now listen to
the people objecting to it. There was a few gentlemen that came up here and they said
they walked the streets in all sincerity. They were saying we walked the streets and they
were out there and it was hot and we wanted to give up. But they kept going. Here's
what Mrs. Gonzales stated. I am opposed to the pro... excuse me. At the last meeting
and I stated at the time. Councilman Taylor, I am opposed to the process that was used.
And I would like to read a statement from the last meeting. Ms. Gonzales was speaking.
She said, "My name is Rosemarie Gonzales and I am a resident of Rosemead. I am
here to tell you ... I here to talk in favor of the recall. A lot of people say this is
corruption.. I am not corrupt. The other thing is that you didn't listen to us. We went
before the board over at the Rosemead High School you didn't listen to us. I walked up
Page 34 of 60 CC MIN 12 -5 -05 SPECIAL INTEGRATED ATTACHMENT C
the down the streets getting signatures and I did not lie to anyone. And I will tell you. If
you think we corrupted you and we lied then you weren't really listening because we
didn't try to deceive anyone." I believe her comments. I believe she was sincere. But
she could not circulate the petitions.
Audience: Cross talk
Taylor: Now we're getting the opposite story. Please I haven't finished the statement
yet.
Ms. Gonzales: I have a Rosemead mailing address, and I live in South San Gabriel. I
gave you the address, 8819..
Taylor: You did not give us the address.
Ms. Gonzales: Yes, I did
Taylor: This is verbatim. This is verbatim minutes.
Ms. Gonzales: No. It's not verbatim.
Taylor: It is, ma'am. You said "I am a resident of Rosemead"
Audience: Cross talking
Ms. Gonzales: What I said was, I'm Rosemarie Gonzales, a resident of 8819 East
Highpine Street. And I said Rosemead because is my mailing address. But I live in
South San Gabriel. I'm so used to saying Rosemead that that's what I said.
Taylor: You gave no address
Ms. Gonzales: I gave no such.. I'm not lying. And when I was upset, we did not. We
went with people, but I was not allowed to carry the petition.
Taylor: That's not what you said here.
Ms. Gonzales: I walked but I did not say that I carried the petition. Because I couldn't. I
wouldn't have taken that chance.
Taylor: That's not what you said Ms. Gonzales.
Ms. Gonzales: No sir. You cannot speak for me.
Taylor: I am reading your exact words.
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Ms. Gonzales: They are not my exact words. If they were my exact words then I would
say, Oh, I am sorry I said it. But I didn't.
Taylor: Alright
Ms. Gonzales: And my address is 8819 East Highpine St. South San Gabriel and
Rosemead address. It's a mailing address. It's Rosemead and I live in South San
Gabriel.
Taylor: I understand why you are saying this now.
Audience: Cross talking
Taylor: Alright, thank you.
Audience: Estellr Holtz, Gary, Gary be honest for a change. Gary listen the clerk would
have checked, did she sign the petitions.
Taylor: Mrs. Holtz, this is why we're going to have all of them opened up now.
Holtz: Gary, the clerk followed it dead one. She looked at the address. If she had
signed it... It would have been false. It went to the County. Had she signed it. It would
have been caught.
Taylor: We're going to open up, have the court give us an order and we can open up the
recall petitions we can open up the referendum petitions we can check all the circulators
and verify their addresses and we also going to ...
Audience: Cross talk
Taylor: The minutes are all... Hey, I already told you this was long before... Mr. Mayor,
There's a deputy back there. If they can't keep quiet I would like them removed.
Mayor: Okay
Taylor: They have no respect. They have been ask a half dozen times. You let your
statements be made, I'm making mine.
Audience: Yours is full of shit.
Mayor: Hey, watch your language
Taylor: No, no
Mayor: Hey, watch your language.
Page 36 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Taylor: Mr. Mayor
Mayor: We got women and children in here, be a man.
Taylor: Mr. Mayor. That's indicative, of what.
Mayor: That's not indicative. That's stupidity.
Taylor: But anyway, I've read my comments about.
Audience: You're afraid of being recalled
Taylor: Mr. Mayor. You're going to get to vote on my election of not this February you
will get it next year. Absolutely. Or maybe I won't
Audience: you don't have the right to vote, we do, (4 times)
Mayor: Now, hey, watch it, let's have some order, okay
Taylor: Mr. Mayor
Mayor: Now cut it out, and I don't want to tell you again.
Taylor: Alright. We had enough comment about what's in the minutes. The verbatim
statement. What was said by a half dozen people about how the signatures were
obtained. I've read Mrs. Clark's statement. There are several others. But I would like to
read something about circulators. I want to read what a conspiracy is.
Audience: We don't need to here it.
Taylor: Well, you do need to, because this is going into the courts. It states right here.
It states right here Mr. Mayor what a conspiracy is. It is a combination of...
Mayor: Let him talk.
Taylor: Conspiracy is a combination or confederacy between two or move persons
formed for the purpose of committing by their joint efforts some unlawful or criminal act
or some act which is unlawful in itself, but becomes unlawful when done by the
concerned actions of the conspirators or for the purpose of using criminal or unlawful
means to the commission of act not in itself unlawful. Okay. Now let me read you
something else here.
Audience: Senator Romero: Are you calling the conspirators.
Taylor: Let me finish. Mr. Nunez (Jaun) please.
Page 37 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Mayor: You already had a chance. Now let him finish
Taylor: Mrs. Estelle (Holtz) is telling me to go ahead.
Mayor: Let him finish Juan (Nunez)
Audience: He is finished.
Mayor: And so are you
Taylor: Now let me read here...
Mayor: Yeah you, try me baby, try me
Taylor: Mr. Mayor
Audience: Cross talk
Taylor: I want to read what libelous per se is. Libelous per se a publication is libelous
per se when the words are of such a character that an action may be brought upon
them without the necessity of showing any special damage. The imputations being
such that the law will assume that they are so slandered..they are so slandered there
must be suffered damage.
Audience: You need help— bedtime story or what... cross talk.
Taylor: Are you ready. To render words libelous per se the words must be of such
character that a presumption of law will rise therefore that the plaintiff has been
degraded in the estimation of his friends, or of the public or has suffered some other
loss either in his property, character, reputation or business or in his domestic or social
relations when a publications is libelous per se. This is defamatory on its face. It is
actionable per se. One need not prove that he received any injury as a result of the
publication in order to recover damage and in such a case general damage for loss of
personal or business reputation or ....? or avertinance or proof of special damages are
necessary. And the next one would be subversion and I will skip the rest of them. The
corruption that went on. But to get to the bottom line now, we all take an oath of office
up here. Now I want you to listen to this group over here (cross talking) when you talk
about respect, just listen to them.. It talks about an oath of office and I want to read this.
do solemely swear, whoever the officer maybe, that I will support and defend the
constitution of the United States and the Constitution of the Sate of California against all
enemies foreign and domestic that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California. That I
take this obligation freely without any mental reservation or purpose of evasion... and
that I will well and faithfully discharge the duties upon which I am about to enter. Now I
mentioned conspiracy, and I referred to corruption and subversion and such. That has
to do with local government. Local government being a representative of the
Page 38 of 60 CC MIN 12.5 -05 SPECIAL INTEGRATED 'ATTACHMENT C
government. The State of California we do have the rights as a local government by the
State laws of California. Now if I were to tell you, go out and throw all these petitions in
the garbage that means I'm getting rid of them. Now here it is. This is a letter from
State Senator Gloria Romero. It states in here. That's alright. Okay, you ready.
Thousands of residents signed petitions to stop a 24 hour store from selling guns,
alcohol and ammunition across from a school. Anyway, it states selling guns and ammo
across ....now this you have got to remember that the Public Hearing was on Sept 7`
04. This comes out in February to early March prior to the election. Okay this is six
months later and I read the very first comment, condition number 60 at Rosemead High
School. There will be no selling of guns or ammunition, rifles, on any business down
there. So six months later this (letter)comes out. Let's get the people upset that they
are going to sell guns down there when in fact they are not. It continues on: The
Rosemead City Council through those signatures in the garbage. We disrespected the
people, we through them in the garbage. It's a lie and we got ....
Audience: Cross talk
Romero: To allow the election.
Taylor: We through them in the garbage. Okay, now that is Senator Gloria Romero.
This is her letter that she sent out. It's here own envelope and such.
Romero: and that's the truth.
Taylor: Now, let's go to the next letter. Assemblywoman Judy Chu. Over four thousand
parents asked the Rosemead City Council not to allow Wal -Mart to sell guns, or ammo,
and it was assemblywoman Judy Chu that brought it up at the public hearing and said
that we can't sell guns and Mr. Bill Alarcon on the City Council put in Condition 60 that
night that no guns or ammunition will be sold... Then it states here. The City Council
through the initiative petitions in the garbage. These are three separate letters by three
different people with the same wording. Now let's go to the next one —yeah. They don't
want to hear the truth. The fire fighters support. Now this is from Mr.
Audience; protest —cross talk.
Mayor: Alright, alright, let him finish. We let you finish, we let him finish
Taylor: This is the third letter, this is the third letter from Miguel Controres. Executive
Secretary of the Los Angles County Federation of Labor. He is the highest official.
Mayor: Put 400 people out on our streets.
Taylor: No, no. of several hundred thousand union members. He puts out the letter
and I want to read what he says. "The firefighters supported the 4000 Rosemead
residents who signed petitions asking the Rosemead City Council not to all a 24 hour
store with guns, alcohol, and ammo to open across the street. Now, keep in mind six
Page 39 of 60 CC MIN 12.5 -05 SPECIAL INTEGRATED ATTACHMENT C
months before this in the official record. Mrs. Chu brought up and they are putting out
falsehoods, they're lying. Continuing, but bold letters, "the City Council threw those
petitions in the garbage." Now how did three independent people sent out three letters
from the same
organization that happens to be what we call a conspiracy. When two or more people
get together and put out lies.
Mr. Nunez(Juan) you ask me about the letter. Do you believe it.
Juan Nunez: I haven't seen it.
Taylor: We have know each other for 34 years and I have tried to be honest with you on
everything we talk about. These letters they do, they're deliberate lies. They knew that
they were lies because they attended the meeting and the issue was brought up. So,
when we have to put up with this nonsense and the oath is taken that they are going to
uphold the Constitution of the (United) States and the state of California that is
hogwash.
Juan Nunez: Well, as you mentioned. Two person get together, you never know which
one is going to do something illegal, you are a conspirator.
Taylor: This tells us what they did illegally.
Juan Nunez: I'm telling you when two persons get together and you know we worked for
you. We worked for Jay, we worked for Maggie. And you know, I don't know what you
did outside of the time that we weren't with you. Whatever you did whether you went
out and killed somebody an old lady or whatever.
Taylor: Juan let's go back to the issue. These three letters were sent out. It wasn't
something that was done between two people. This was done between three extremely
prominent people. And that's a disgrace.
Audience: Cross talk
Taylor: Mr. Nunez I didn't mean...
Juan Nunez: Excuse me. When you were saying about the letter that Ms. Gonzalez
wrote? you have the tapes, and I don't know whether you keep the tapes from way back
when you went to the...
Taylor: No, I don't keep...
Juan Nunez: Does the city keep...?
Taylor: What is it you want?
Page 40 of 60 CC MIN 12 -5 -05 SPECIAL INTEGRATED ATTACHMENT C
Juan Nunez: to find out exactly what she said at the meeting and...
Taylor: at the meeting about what?
Juan Nunez: about that... ? signed the petitions the petition.
Taylor: Yes.
Juan: ? She had written the letter?
Taylor: It's verbatim word for word.
Alejandro Gandara: So any of us can stand up there and just start to speak
Juan: They're verbatim
Alejandro Gandara: I don't think that's right.
Mayor: Juan,,you're through
Taylor: we have to allow everyone to come up and start all over again
Mayor: I can't make anybody happy. Have a seat Juan.
Juan: We worked for you at no cost. Maggie at not cost.. Do you recall
Mayor: You what? No you got the wrong guy. You didn't work for me. Go ahead.
There's a problem here today, Just like I'm feeling really bad today. We had somebody
who. lost a parent here in City Hall with a heart attack and I got a letter saying thank you
and today I'm a dirt bag. Okay. So you never know where to go okay.
Taylor: The reason why we need to have this meeting is to have the federal courts steps
in and get a judge to open up all those petitions and find out who signed them. How
were they actually gathered, and there's enough people that... another point was made.
Let's let-them go on over here... .
Romero: Audience: and if you want to then go to court. That's your Constitutional right.
But you go to court. You don't act like judge, jury, and executioner.
Taylor: Mrs. Romero, this is going back into court. This is going back into court. That's
what you are saying.
Romero: You're not the court. You're not the judge.
Taylor: the comment was made...
Page 41 of 60 . I CC MIN 12.5.05 SPECIAL INTEGRATED . ATTACHMENT C
Audience: Cross talk
Mayor: you aren't either. But you're here. We're just having a conversation
Taylor: But the comment was made that there were 400 cards returned back as far as
taking... requesting these names to be taken off the petition.
Audience: 300 of them did not even sign the petition
Taylor: There's a comment that 300 didn't
Audience: How many were valid
Taylor: that's why we need to open up the referendum petition to see if they were
confused and they did sign a petition. Mr. Mayor...
Audience Mr. Bevington: 425 cards came in and they went down to County Registrar of
voters. He threw 300 of them, three quarter of those he threw out.
Taylor: for what reason?
Bevington: Because they had never signed the petition. They lied, lied, lied, PRIDE
talked them into lying, and you people keep talking about people who lie. This is one of
the biggest forces in the world. The other thing you keep preaching about throwing it in
the garbage can. These were figurative statements.
Taylor: That's too bad
Bevington: Nobody is dumb enough to think they would throw them in the garbage can.
If you? ... in the garbage can. You denied us the right to vote. You say that we have
been illegal and improper about this. We will see you in court.
Taylor: Again
Bevington: We will see you. You bet. You haven't been there yet.
Taylor: Mr. Bevington, here's your letter.
Bevington: Will you shut up
Taylor: Here's your letter.
Mayor: Okay, knock it off
Bevington: you don't listen to anybody, you talk right over them.
Page 42 of 60 CC MIN 12 -5 -05 SPECIAL INTEGRATED ATTACHMENT C
Audience: Cross talking
Bevington cont.: We'll see you in court. We'll see you on the recall trail. The only
difference there will be three persons on the recall list this time. We didn't recall Maggie
Clark last time. Because she had not been in this office six months. That's the only
reason she was not on that recall list. I guarantee you she will be there this time.
Mayor: You said there would be three persons on that recall list. You and who are the
other two
Bevington: The list for that recall will be Mr. Imperial, Mr. Taylor, and Mrs. Clark.
Taylor: Mr. Mayor I would like to continue, I have a letter here dated October 4 2005
End tape 213, begin Tape 3A
Taylor cont: This is why I can put verbatim minutes with the city Clerk and the minutes
are verbatim. Let me read this letter now from Mr. Bevington
"Pride should change its name to Shame, During the gathering of signatures for the
recall petitions Shame mailed out hundreds of cards urging Rosemead residents to
remove their signatures from the recall petitions. The Rosemead City Clerk election
official received 425 remove name cards. Which were submitted to Raymond Olandre?
Head of Data Entry and Signature Verification Section for Los Angeles County Registrar
Recorder. The signature verification section rejected 300 of the signatures on these
cards. Mr. Olinandre? was questioned during a phone call on 9 -30 -05 and his simple
statement was that the persons submitting the remove name cards did not sign the
petition." Let's repeat that. The 300, seventy five percent of the persons submitting the
cards knowingly lied. Now this is Mr. Bevington's, knowing lied since they had not
signed the petition and still sent in a card. While just perhaps they signed the
referendum petition and didn't know the difference. "Shame committed a fraudulent act
in encouraging people to send in the cards. 300 persons did so knowing they hadn't
signed the petition and got caught. Too bad there isn't a money penalty for doing both.
Shame should also be penalized for engaging in a lie. Submitting a lie that resulted in
300 PRIDE, SHAME, members lying." And incidently the PRIDE people need to find out
who your 300 members are that lied. Because Mr. Bevington says they are.
Bevington: I ask to do this and the city Clerk told me I couldn't do it, I couldn't see those
petitions. I had no right to.
Taylor: so they all lied
Bevington: I would have loved to have gone through all those 4800 signatures and
picked out those 300 there.
Page 43 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Taylor: so they all lied. Okay, continuing, "PRIDE, lies should have been expected.
During the referendum drive PRIDE claimed to know that Save Our Community was
paying five dollars per signature. First big lie. SOC paid nothing." Now get this. SOC
paid nothing, I don't know. Did the unions pay something? Okay "PRIDE also repeated
these lies. (Audience cross talking) PRIDE also repeated their lies by claiming Save
Our Community was bringing in Jesse Jackson and Reverend Sharpton to influence the
signatures. SHAME was consistently playing very loose with the truth. Apparently, Mike
Lewis's theory is to say anything that could possibly effect his side of the problem.
Fortunately, many of the statements have been so foolish that most people disregard
them completely. To the residents of Rosemead please continue to avoid this"
Bevington: Thank you for reading one of my better letters.
Taylor: Let's finish continuing what states here.
Tape — Bevington letter (10 -4 -05) 425 names received.
Romero: Mr. Mayor, - Point of order- Please let me just say something. Mr. City
Attorney, your client, has the right to remain silent. I'm going to advise you to have your
client remain silent. Let me just say this. Regardless of what issue we are on. This is an
embarrassment. I say an embarrassment. Let me just say. The agenda says that you
are hear to consider the impact of the ninth circuit, a court decision in Padilla vs. Lever.
This to me, and I would say too in a court of law. You are showing your intent Mr.
Taylor, your intent is not about language. We all knew that. That's the essence of
Padilla vs. Lever. What you are arguing and trying to repute and to use the Padilla case
is exactly what you are spelling out right now. You don't like the recall election. But you
know what, It qualified, it's the law. So, exactly, let's move forward. Mr. Mayor, point of
order, Mr. City attorney advise your client. He is digging the city of Rosemead into a
deeper hole because depending on the outcome of this vote. And if there is a 3 — 2 vote
(tape 5A- 10 %) to discard and throw into the waste basket the people's right to an
election. You're showing your intent. That this sham meeting tonight was never about
bilingualism or multi - lingualist. It was that at least Mr. Taylor doesn't like that there's an
election. And Maggie Clark, I would ask you to listen very carefully. Mr. Taylor has first
spelled out the real reason for this meeting tonight. You, Padilla has nothing to do with
all these things. You might as well call me a communist for saying that I'm a conspirator.
But you know what though. It's not about me tonight. It's not about this recall. You have
no right to decide that. That's been qualified. So I would urge you mister Mayor. Get
control of your council. Mr. Attorney advise your client to stop smirking at the
people... And why don't you just proceed with the vote. We all have work to go to
tomorrow. Let's try getting back to what we are here for. It's about Padilla vs. Lever.
That's all.
Taylor: Mr. Mayor
Mayor: I
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Taylor: Mr. Mayor the issue tonight is the language was not put in for the people to
understand. And these are connected together. People really didn't understand (Tape
3A) what they were signing. And that's the reason I'm bringing it up to support the
conditions that lies were put out to people. They were put out in the election
referendum. They were put out in the election. They were put out in the recall and the
issue is to ...
Audience: Put out by Pride. That's all here say. That's all here say.
Taylor: No this is Mr. Bevington. Mr. Bevington states right here. "The city of Rosemead
as a result of errors made in the March 8 th election was censored and fined ". The city
clerk, responded to Mr. Bevington's letter as he shades the truth here. "The city was
censored and fined by the department of justice ". Not true. The city clerk sent him back
a letter saying we weren't fined and we weren't censored for it. But let's twist the words.
So that we can get the people to say we spent city money for that. Not true. So anyway
the point behind this is to show why those petitions all have to be opened up and
inspected to clarify what was really done.
Audience: Mr. Bevington. Just do it. Quit talking about it.
Audience: You are not an attorney neither, are you. That's right exactly and that is why
we are here. Let the courts decide.
Taylor: We are. We are going to let them decide.
Audience: vote, vote, vote, vote...
Mayor Imperial: Hello.
Audience: ?
Mayor: and I will build a new bridge.
Taylor: Jay, Maggie wanted to say something
Mayor: Okay
Audience: We would like to hear from other city council members. What do you think of
this.
Audience: you let other people speak. Let them speak
Taylor: Mister Mayor. Mrs. Clark has something to say
Mayor: Maggie Clark
Page 45 of 60 CC MIN 12.5 -05 SPECIAL INTEGRATED ATTACHMENT C
Audience: please vote
Audience: I can't believe this I've lived in Rosemead for 30 years and this is a joke
Audience: we all had our chance to speak. It is their turn
Mayor: Listen to me now. I've got control. Okay. If you do not like it, leave. Let me tell
you something. Okay. We're going to conduct this meeting the way it supposed to be
conducted. Or I'm going to request you leave. Okay. Now give some courtesy to the rest
of the people here. You got your say. Let them have theirs. Thank you.
Councilmember Clark. Do I have the floor?
Mayor. Yes.
Clark: Thank you. I'm going to give the back ground to a motion. Obviously there is a
desire for a court to look at this. I just want to clarify a couple of things that were
brought out. Concerning the ....I'm taking it back to the court. The Ninth Circuit Court.
Because that's what triggered this whole thing. And the issue of the petition already
being certified or whatever, that, in that court case with Nativo? Lopez. That was
retroactive and the only reason they did not require him to step down. Or to go back on
actually to the school board was because his term had already expired and the
gentleman that took his place, the term already expired, so it was a moot issue. But it is
retroactive. It's not like when someone passes a bill and says effective Jan. 1st and be
able to have all contracts in Chinese for example. This was prior to the Chinese
speaking person. And so there's 2 different ways to look at that. I spent a lot of time
ready this case at least twice over. And it appears to me that it does apply. There was
something that was mentioned also, that there were 2 circuit courts that had ruled
differently, and that is true in the 10 Circuit in Colorado in the Montero decision and the
11 Circuit in Florida. In the Delgato decision, However, they were petitions. They were
like a referendum like we had on the ballot in Nov. This case applies to recall. And that's
why I'm really concerned about whether it applies in this case. The issue of it being time
critical. I think it is because we need to minimize losses. In fact if this case does apply to
this. I don't think it would be fair to have either side spend money on an election and
after the fact being we have spent a whole lot now. This, if we ask a federal judge,
which I'm going to ask to look at the case and hopefully review it in 21 days and we
would know whether it goes or not. And no one has spent money that's wasted. I think
people want to move on. So I will make the motion that we add to the resolution that is
before us tonight. It is the intention of the city council in enacting this resolution to place
the current recall election proceeding in abeyance until the validity of the recall petitions
have been returned by the Federal Courts. The city clerk is instructed to retain council
and to expeditiously file an appropriate action to secure such a determination. If in such
action it is determined that the recall election should proceed not with standing the
inadequacy of the petitions a new date should be set for the recall election in progress
and as I said that could take place within 3 weeks
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Taylor: Mr. Mayor. , I would like to clarify something with the city attorney. According to
the statutes to open those petitions and such, it states that a judge can give you the
authority to have those opened. Is that correct?
City Attorney: the city clerk has access to them.
Taylor: But she cannot open them unless a judge orders it. So I ask that they be saved
for that very purpose that they could be verified. So who is the correct person. Excuse
me Maggie that should be in your motion.
City Attorney: I'm not concerned that. That had to be done during the petitions process.
Clark: I'm not concerned with opening the petitions. I personally don't think that looking
at the signature as to verifying them. That's already been done. That is not the issue. If
someone wants to file a lawsuit based on the deal that people were deceived and
there... I've even heard that credible sources in the Chinese Community that said the
Chinese community felt left out and they were not explained the issues were not
properly explained. So I heard a lot of different people. I'm not going to take time
tonight. I heard a lot of feedback during the process of what was said. But so if
someone want to file a lawsuit based on that. That could go anyway. I don't think that
it's necessary to open the signatures. They were already verified, and time was spent
on that. That's just delaying the process. I think a judge needs to look at whether the 9th
Circuit Court applies in this case. And move on from there.
Taylor: I second the motion that Mrs. Clark made.
Tran: Mr Mayor. I would like to make a friendly suggestion to this to accept Maggie
Clark's motion without suspending the election. Let the courts decide and continue on
with the election and let the people decide.
Taylor: Mr. Mayor
Tran: It's at the superior Court. What if tomorrow some body goes and challenges it at
the Supreme Court. What happen to the people, what happen to the people that sign
the petitions. What happened to the people that went out there and got the signatures.
Clark: I don't accept the amendment because the court will be able to tell us whether
the 9 Circuit stands or not.
Tran: Absolutely, and you said 21 days. Let it continue. Let's go sixty four days as of
today. So 21 days which is 43 days. There's still enough time. So why don't we allow
the recall to continue which we do the investigation. You.call a special meeting the day
after the courts.
Clark: My motion stands
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Taylor: Mr. Mayor, Mrs. Clarks motion stands as it is and I second that motion
Mayor: Motion has been made and seconded.
Audience: Estelle Holt: Get a moratorium on Wal -Mart until we get the vote.
Taylor: Mr. Mayor. Mr. Nunez has a comment
Mayor: Mr. Nunez.
Nunez: I thought I was in the United States Senate with that filibuster that we had.
Mayor: Don't say nothing about that please. Oh okay.
Nunez: Excuse me. I'm looking at what you're saying is right. We have to have a court
or somebody tell us what we need to be doing. Okay. I don't think I'm pretty sure you
probably think you don't have the right to stop an election. I'm pretty sure that is what
you are thinking.
Mayor: Is that right. Is that what I'm thinking
Nunez: I didn't say you.
Taylor: No, go ahead
Mayor: I just wanted to clarify that
Nunez: So, I think that if you look at what you want to bring this back 21 days later
which is a couple days after Christmas. Or if you want to wait until a couple days after
Christmas, that is fine too. And then lets see what the courts and courts may come to us
and then we can look. This is the kind of stuff that I've been saying. Then may be we
can find out.
Clark: the motion says: that if the court
Nunez: That is a motion. What I'm saying is don't vote on that motion. Look at changing
that motion. Let the motion. Let the process go because 21 days from now which is on
the 26`". Let us come back on the 27
Tran: Maggie the ballots will not even be received until Jan. 9`". So we still have
enough time.
Clark: But by then they will be printed and all the cost will be.
Tran: Yeah... but we have legal council. We just got costs for the special council to pick
up and we're paying for L.A. Co.
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Nunez: And you know what Maggie? If somebody... If 2 council members that are being
recalled feel that those petitions were doing wrong or illegal. Let them go to court, let
them go to court
Mayor: Let me say this.
Nunez: I still have the floor. Do I not
Mayor: Yes go ahead
Nunez: Okay. Alright. Let them go to court and let them go through the process. In the
mean time let the election continue. Don't delay it for 21 days.
Taylor: Mr. Mayor
Mayor: Yes
Taylor: Question to the Mr. Nunez. You talk about letting we go out and get an attorney.
Mr. Nunez there was a Superior Court case. Sept. 15 2004, Superior Court of the
State of Cal for the County of Los Angeles. John Nunez and the Alhambra Unified
School District Plaintiffs and moveants vs. Connie M. Mc Cormick Registrar. Now
evidently you joined with the Alhambra Unified School District in this preliminary
injunction.
Nunez: And that is exactly what we did. We did not stop the election though.
Taylor: But you joined in. You used the Alhambra School...
Nunez: Now hold on a minute. We did not stop the election. We did not stop the
election the election continued — okay
Taylor: No they had to reword it because you file an injunction
Nunez: But the election continued
Taylor: They had to reword it before it could continue
Nunez: The election continued. It was never stopped
Taylor: No - They had to reword it
Nunez: But the election was never stopped
Taylor: We're going to get this reworded.
We're going to have a Federal judge look at it.
Page 49 of 60 CC MIN 12 -5.05 SPECIAL INTEGRATED ATTACHMENT C
Nunez: Mr. Taylor. Was the election stopped.
Taylor: They had to rewrite it to have the election
Nunez: What we did. We challenged a candidate statement. Okay. We didn't say that
Alhambra as a school district, we want to stop the election. We never said that, all we
said that we did not think that there was something that we've comment on the
statement we did the right thing. We event to the court like we've supposed to and
challenged the wording. We lost some and we won some on that wording. Okay that's
what you need to do if you don't think on the election. Go to court
Taylor: We are going to court
Nunez: We don't have to do it... Don't let the city council do it
Mayor: Are you through it... motion
Nunez: No, I'm not done. It's not the city council that needs to stop the election. Okay.
If the election gets stopped let the court stop it.
Taylor: That's right.
Nunez: You file an injunction and if Mr. Imperial wants to joint you both of you file an
injunction. If Pride wants to join you all 3 of you can file an injunction to stop this
election. That's the process. That's the way it should be done. You know what it looks
like we're doing here and I think the Senator had it right on the head. You've trying to
get the city, the city of Rosemead, to pay for your ability to go out there
Taylor: The Alhambra School District was named with you in a suit
Nunez: The Alhambra School District did not pay that.
Taylor: You were in the suit with them and now you're accusing us, oh we might have
the city in this.
Nunez:... to change the wording on the election.
Mayor: Why don't you leave the Senator alone. She's sitting back there relaxing.
Nunez: Are you challenging the wording?
Taylor: No. I'm challenging the disenfranchisement.
Nunez: We never tried to stop the election
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Taylor: Okay Mr. Mayor,
Mayor: Yes, sir
Tran: I do agree with you on this. Unfortunately we inherited this. But let's continue with
this, and wait 21 days. Let's continue the election. Let the court come back. Let Peter
do some more work on it and come back to us. And if ... we could suspend it.
Mayor: What's your pleasure?
Tran: And my question for the city attorney is the fact that councilmember Taylor
abstained to this resolution, I don't think he has the right to vote on this.
City Attorney: Yes he does have a right to vote on it.
Mayor: Do I have the right to vote on it.
City Attorney: Yes
Mayor: And Maggie
City Attorney: Yes.
Mayor: Does he have the right to vote on it.
City Attorney: Yes
Mayor: And you have a right to vote?
Taylor: Mr. Mayor. I would like to call for the question;
Mayor: The question is called for.
Taylor: To approve Mrs. Clark's
Mayor: Say your motion because we lost a lot of it along the way
City Attorney: The resolution presented in the agenda packet with a new section 4 and
(audience : interrupt can't hear.) The remaining section renumbered 5 + 6
Audience: Mr. Bev. Come on Peter. Speak up.
City Attorney: I'm not on, sorry
Mayor: Okay
Page 51 of 60 CC MIN 12.5 -05 SPECIAL INTEGRATED ATTACHMENT C
City Attorney: The resolution that was presented in the agenda packet.
Audience: can't hear you
Clark: hold it up to your mouth
Mayor: the resolution has been presented in the agenda packet.
City Attorney: The resolution presented in the agenda packet. With a new section 4
reading. The intention of the city council in enacting this resolution to place the current
recall election proceeding in abeyance until the validity of the recall petitions have been
determined by the Federal courts. The city clerk is instructed to retain council
expediously filing the appropriate action to secure such a determination if in such action
it is determine that the recall election should proceed not withstanding the inadequacy
of the petition a new date shall be set for the recall election in progress. That would be
added to section 4, and current sections 4 & 5 would be renumbered 5 & 6
Taylor: call for the question
Mayor: the question has been called for
(vote 3 to 2 — Clark Taylor Imperial Yes- Tran, Nunez No)
Audience: We can have a recall up you Maggie
Audience: continue comments against
Meeting adjourned
Councilmember Tran asked who called for the Special Meeting. Mayor Imperial
responded that he, along with Mayor Pro Tern Taylor and Councilmember Clark had
called the special meeting. Councilmember Tran asked legal counsel if Mayor Pro Tern
Taylor was allowed to do this, since he had abstained in the voting of the Special
Election Resolution adopted by the Council. Councilmember Tran also asked if the
Mayor was able to call a special meeting on this topic, since there is a potential conflict
of interest.
City Attorney Wallin explained that the Mayor or three Councilmembers can call a
special meeting and that the evening's meeting had been properly called.
Councilmember Nunez asked for clarification as to why the Special Meeting was called
at this time and suggested it would be prudent to wait until further information is
received or action is directed by the courts.
Page 52 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
City Attorney Wallin indicated the purpose of this meeting was to determine if action is
needed. He explained that a recent court decision pertaining to the Federal Voting
Rights Acts applies to recall petitions. The 9 th Circuit ruled that recall petitions are
considered election materials and therefore need to be translated into four languages in
the City of Rosemead.
Given the ruling, the recall petitions circulated for the February 7, 2006 election are not
in compliance. Mr. Wallin explained three options to reconcile the lack of petition
translation: 1) an individual candidate can take the matter to court; 2) the Council can
rescind the election; or 3) the Council can suspend the election and seek clarification
from a federal court.
Councilmember Nunez clarified that the recall petitions were approved as to form by the
City Attorney and the City Clerk, based on guidelines available at the time.
Councilmember Nunez also asked if any court of law had informed the City Clerk, City
Manager or City Attorney to stop the election. Mr. Wallin indicated that the City had not
been contacted.
Mayor Pro Tern Taylor asked if election materials had already been translated and
printed; he advocated further information before proceeding with printing of election
materials.
Councilmember Clark reminded the council that they are named on the lawsuit from the
Department of Justice and must act in good faith to carry out the objectives set forth by
the DOJ.
City Attorney Wallin clarified that Councilmembers are not named individually on the
lawsuit, rather, the City Council as a whole is named.
Councilmember Tran indicated the 9 th Circuit ruling should not affect Rosemead's recall
election, as the 9 th Circuit ruling came after petition circulation began.
Councilmember Nunez indicated that if candidates are unhappy with the petitions, they
should file a lawsuit, as individuals. He also asked Mr. Wallin to clarify what authority
the council has to rescind the election and to cite case law examples.
City Attorney Wallin gave the example of Council putting forth a measure to approve the
sale of bonds; in this case, the Council can rescind an election if the City Council
decides not sell the bonds at a later date.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Senate Majority Leader Gloria Romero spoke in support of the recall
election and urged Councilmembers with a conflict of interest to recuse
themselves.
Page 53 of 60 CC MIN 12 -5.05 SPECIAL INTEGRATED ATTACHMENT C
Ken Pike, residing at 9220 Steele Street, spoke against the recall, as he
was recalled in 1972 because of redevelopment. Mr. Pike felt the city
would save money by waiting until the next regularly scheduled election.
Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel spoke
in support of the recall. She referenced environmental concerns and
money spent by Wal -Mart in the 2005 election.
Councilmember Clark rebutted that she did not take any Wal -Mart money
for the 2005 Election and recounted her offer to put Wal -Mart on the ballot
but the opposition declined.
Steven Ly, residing at 3040 Rosemead Place, spoke against the recall
and urged the council to abide by the Consent Decree and referenced his
mother, who was allegedly misled into signing a recall petition. He
referenced new legislation requiring multi - language translations and
wanted to know why the petitions weren't in the language of the people.
Brian Lewin, residing at 9442 E. Ralph Street, spoke in support of the
recall election citing no clear, verifiable reason to cancel the election. Mr.
Lewin also recommended Councilmembers with a conflict of interest in the
election recuse themselves and urged Councilmember Clark to vote to
allow the election to proceed.
Ed Stepanian, residing at 1813 Delta, spoke in favor of the recall. Mr.
Stepanian was a petition gatherer and indicated bilingual voters who
signed the petitions did so because it was their choice.
Polly Low, residing at 1039 La Presa Avenue, spoke in support of the
recall because SOC filed their petitions based on the rules at the time.
Ms. Low felt Mayor Pro Tern Taylor and Mayor Imperial should recuse
themselves due to a conflict of interest.
Victor Ruiz, residing at 9703 Olney, spoke in support of the recall
because he witnessed translators that walked with petition gathers.
Alejandro Gandera, Rosemead resident, advocated the council should
not act solely on the basis of the 9` Circuit ruling as it may or may not be
valid retroactively. Mr. Gandera pointed out that in the past the Council
has not complied with all rulings put forth by the 9th Circuit; he gave an
example of a lawsuit he brought forth in the past against the Rosemead
City Council. Mr. Gandera spoke in favor of the recall.
Jim Flournoy, residing at 8655 Landisview, clarified for the record that he
invited State Senator Romero and Judy Chu's office (not labor unions).
Mr. Flournoy spoke in favor of the recall and felt the Mayor and Mayor Pro
Page 54 of 60 CC MIN 12.5.05 SPECIAL INTEGRATED ATTACHMENT C
Tern could not call this meeting due to a conflict of interest and felt the
council did not have the authority.to rescind the election.
Estelle Holtz, residing at 8247 Blecker Ave, South San Gabriel, spoke in
support of the recall. Ms. Holtz felt that the opposition to moving forward
with the election was a stall tactic from Wal -Mart..
Larry Bevington, residing at 8372 Rush Street, spoke in favor of the
recall. He referenced two other circuit courts that have found petitions to
be a product of the people and therefore not subject to the same
requirements cities are subjected to, citing cost and length as two factors.
As a proponent of the recall, his organization (SOC) submitted recall
petitions to the city, altered the formats based on instructions from City
staff and circulated petitions after city approval. Mr. Bevington felt the
action to rescind the election would be presumptuous.
Ricky Choi, spoke as a representative of Assemblymember Judy Chu,
read a written statement in favor of the recall that advocated letting the
courts decide if the election should go forward.
Nativo Lopez, National President of the Mexican American Political
Association and the subject of the recall in the Padilla v. Lever case that
the 9 Circuit ruled upon, indicated that the circumstances in his case
were completely different than in the Rosemead case and recommended
proceeding with the recall election.
Julie Wang, residing at 1012 S. Marengo Ave., Alhambra, spoke in favor
of the recall election.
Ron Gay, residing at 4106 Encinita Avenue, read a statement and
referred to City Attorney Wallin's memorandum and its conclusions which
he feels ignores 20 years of California Election Law. Mr. Gay feels that
any action will disenfranchise voters. His opinion is that "Padilla v. Lever"
was a post ballot decision and that this action would be a pre ballot
challenge. After citing legal opinions, Mr. Gay urged the Council not to
take action.
Fred Herrera, residing at 3879 Delta St., recommended the City Council
guard city finances by postponing the election.
John Davidson, residing at 7542 Mel Rose Ave., felt Councilmembers
were being unfairly categorized as undemocratic and asked that all
participants in the process respect each other.
Juan Nunez, residing at 2702 Del Mar, discussed City Attorney Wallin's
memo and presented information that both opposed and supported the
Page 55 of 60 CC MIN 12 -5.05 SPECIAL INTEGRATED ATTACHMENT C
recall in an attempt to illustrate the multi- faceted issues involved with the
recall election and petitions.
Todd Kunioka, residing at 8400 Wells Street, discussed the differences
between Nativo Lopez's circumstances and the Rosemead situation. In
addition, he spoke about the recusal of Jay Imperial and Gary Taylor due
to a conflict of interest. He also mentioned that PRIDE sent out postcards
to voters that wished to "remove" their signatures from the recall petition.
Yuki Fukumoto, residing at 1807 Delta, spoke in support of the recall
election and vowed support for it until its end.
Jim Clouet, residing at 3719 Ivar, spoke in support of the recall election
and reminded the council how many residents had signed the petitions.
Rosie Licerio, residing at 9225 E. Steele St., spoke in opposition to the
recall election. As a phone bank volunteer for Mayor Pro Tern Taylor and
Mayor Imperial, she spoke to Spanish- speaking residents. Because some
of the petition signers she spoke to felt misled, Ms. Licerio recommended
delaying the recall election until clear language guidelines are established.
Damian Nevarez, residing at 3043 Charlotte, felt that development is
good for the City of Rosemead, just not at the Walnut Grove location. Mr.
Nevarez referenced a City Council meeting from the past when English
signs were discussed; he implied that Mayor Imperial and Mayor Pro Tern
Taylor wanted English -only signs.
Mayor Pro Tern Taylor asked him to refer to council minutes and set the
record straight. He and Mayor Imperial supported legislation that required
businesses to use at least six inch letters in English (not English only) so
law enforcement personnel and the public are able to identify buildings.
Councilmember Tran made a motion to adjourn the meeting, with a
second by Councilmember Nunez, as they felt the council did not have
all the information needed to proceed. Vote resulted:
Yes: Nunez, Tran
No: Clark, Imperial, Taylor
Abstain: None
Absent: None
2. MATTERS FOR DISCUSSION AND ACTION
A. Consideration of the Impact of the Ninth Circuit Court's
Decision in Padilla V. Lever.
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B. Consideration of Resolution No. 2005 -45:
A Resolution of the City Council of the City of Rosemead,
California rescinding its adoption of Resolution No. 2005 -33,
which called for and gave notice of the holding of a Special
Municipal Election on Tuesday, February 7, 2006, for the
submission of the question of the recall of certain officers and
the election of candidates to fill the vacancy or vacancies if the
recall prevails, and rescinding its adoption of Resolution No.
2005 -35, which requested the Board of Supervisors of the
County of Los Angeles to render specified services to the City of
Rosemead relating to the conduct of a Special Municipal
Election to be held on Tuesday, February 7, 2006
Mayor Pro Tern Taylor discussed his objections to the recall
process which started before the petition signatures were turned in.
He specifically referenced an open letter addressed to Rosemead
residents in June, 27, 2005 in which it was clarified that a condition
of Wal -Mart's permit prohibits gun sales (Condition 60) and that
Wal -Mart will for 20 years, pay for a crossing guard to assist
children crossing Rush Street.
Mayor Pro Tern Taylor also mentioned that by repealing Ordinance
#836, as requested by SOC, the city saved about $35,000 in
special election costs.
He also read an excerpt from an election letter sent out from
organizers that stated the Rosemead City Council "Threw the
petitions in the garbage." Councilman Taylor stated for the record
that the petitions are still locked up in a safe place with the City
Clerk; Councilmembers did not throw any away and residents can
check with the City Clerk for verification. An audience member
commented that the quote was a figure of speech.
Mayor Pro Tern Taylor referenced City Council minutes from
9/27/05 in which Rose Marie Gonzalez stated she was a resident of
Rosemead who circulated petitions. Ms. Gonzalez clarified her
residence address was actually a mailing address and that she
lives in South San Gabriel. She also indicated that she went out
with people but did not carry petitions.
Mayor Pro Tern Taylor said that we are going to have the court give
us an order to open up the petitions.
Mayor Pro Tern Taylor read out a dictionary definition of conspiracy
and what makes a publication libelous per se. Based on the
definitions of these words, he proceeded to recite excerpts from
Page 57 of 60 - CC MIN 12 -5 -05 SPECIAL INTEGRATED ATTACHMENT C
letters sent out from State Senator Gloria Romero, Assemblyperson
Judy Chu, and Miguel Contreras that in Mayor Pro Tern Taylor's
opinion were literal translation examples of the words listed above.
Senator Romero advised the City Attorney to advise Mayor Pro
Tern Taylor to refrain from making further comments, as his line of
questioning showed his intent and dislike of the recall election.
.She recommended Councilmembers stick to the agenda.
Mayor Pro Tern Taylor explained he brought forth the above
examples, to illustrate informational inconsistencies which voters
had to reconcile. He suggested that by having a federal judge
order the opening up of the petitions, further clarification could be
achieved.
Councilmember Clark expressed a desire for a court to look at the
issues and mentioned that previous decisions including the current
case Padilla v. Lever regarding Nativo Lopez have been in Nativo
Lopez's case retroactive. Councilmember Clark made a motion to
add to Resolution 2005 -45 in the following way:
"It is the intention of the City Council in enacting this
Resolution to place the current recall election proceedings in
abeyance until the validity of the recall petitions have been
determined by the federal courts. The City Clerk is
instructed to retain counsel and to expeditiously file an
appropriate action to secure such a determination. If, in
such action, it is determined that the recall election should
proceed, not withstanding the inadequacy of the petitions, a
new date shall be set for the recall election in progress."
Mayor Pro Tern Taylor discussed the issue of the petition
signatures.
Councilmember Clark indicated that the signatures are a separate
issue and have already been verified. Rather than delaying the
process, Councilmember Clark suggested the focus should instead
be on whether the 9` Circuit ruling applies to Rosemead.
Mayor Pro Tern Taylor seconded the motion Councilmember Clark
made.
Councilmember Tran made a motion to amend Councilmember
Clark's motion by suggesting the motion be approved, but without
suspending the election.
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Councilmember Clark did not accept amendment.
Mayor Pro Tern Taylor clarified that the motion stands as is and
that he seconded Councilmember Clark's motion.
Councilmember Nunez agreed that a court needs to advise the
council, but suggested the election continue per Councilmember
Tran's amendment.
Mayor Pro Tern Taylor asked Councilmember Nunez about
September 15, 2005 California Superior Court lawsuit between the
Alhambra Unified School District & John Nunez vs. Connie
McCormack (LA Registrar Recorder, County Clerk) in which the
plaintiffs requested a preliminary injunction to get election materials
re- worded.
Councilmember Nunez clarified that the plaintiffs challenged a
candidate statement, but the election continued (it was never
stopped). He encouraged Mayor Pro Tern Taylor or Mayor Imperial
along with PRIDE to take the issue to court rather than have the
City fund a suit or the council make the decision to stop the
election.
Councilmember Tran agreed with Councilmember Clark that the
court needs to hear this case, but requested to give it 21 days.
He further asked the City Attorney if Mayor Taylor had the right to
vote on the issue and Mayor Imperial asked if he had the right to
vote on issue.
City Attorney Wallin clarified that all Councilmembers were eligible
to vote on the issue and he re -read the amendment to the staff
report which had been added to Section Four, resulting in Section
Four and Five being renumbered to Section Five and Six on
Resolution 2005 -45. The motion was made by Councilmember
Clark, with a second by Mayor Pro Tern Taylor as follows:
"Section 4: It is the intention of the City Council in enacting
this resolution to place the current recall election
proceedings in abeyance until the validity of the recall
petitions have been determined by the federal courts. The
City Clerk is instructed to retain counsel and to expeditiously
file an appropriate action to secure such a determination. If,
in such action, it is determined that the recall election should
proceed, not withstanding the inadequacy of the petitions, a
new date shall be set for the recall election in progress."
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Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Abstain: None
Absent: None
Alejandro Gandera indicated he had asked to speak prior to the
vote on Agenda Item B, but that he did not get a chance to. He
asked the Mayor to maintain better control in future Council
meetings.
3. ADJOURNMENT
There being no further action to be taken, the meeting was adjourned at 10:45
pm. The next regular meeting will be held on December 13, 2005, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
MAYOR
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MINUTES OF THE SPECIAL MEETING
ROSEMEAD CITY COUNCIL
December 5, 2005
Mayor Imperial called the special meeting of the Rosemead City Council to order at 7:00
pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead,
California.
Mayor Imperial led the Pledge to the Flag. Councilmember Clark delivered the
Invocation.
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran,
Mayor Pro Tern Taylor and Mayor Imperial
Absent: None
Before the meeting began, City Manager Crowe let audience members know that the
Planning Commission meeting scheduled for that evening had been canceled and
rescheduled for December 19. 2005.
Councilmember Tran asked who called for the Special Meeting. Mayor Imperial
responded that he, along with Mayor Pro Tern Taylor and Councilmember Clark had
called the special meeting. Councilmember Tran asked legal counsel if Mayor Pro Tern
Taylor was allowed to do this, since he had abstained in the voting of the Special
Election Resolution adopted by the Council. Councilmember Tran also asked if the
Mayor was able to call a special meeting on this topic, since there is a potential conflict
of interest.
City Attorney Wallin explained that the Mayor or three Councilmembers can call a
special meeting and that the evening's meeting had been properly called.
Councilmember Nunez asked for clarification as to why the Special Meeting was called
at this time and suggested it would be prudent to wait until further information is
received or action is directed by the courts.
City Attorney Wallin indicated the purpose of this meeting was to determine if action is
needed. He explained that a recent court decision pertaining to the Federal Voting
Rights Acts applies to recall petitions. The 9th Circuit ruled that recall petitions are
considered election materials and therefore need to be translated into four languages in
the City of Rosemead. ,
Given the ruling, the recall petitions circulated for the February 7, 2006 election are not
in compliance. Mr. Wallin explained three options to reconcile the lack of petition
translation: 1) an individual candidate can take the matter to court; 2) the Council can
Pagel of CC MIN 12.5 -05 ATTACHMENT C
rescind the election; or 3) the Council can suspend the election and seek clarification
from a federal court.
Councilmember Nunez clarified that the recall petitions were approved as to form by the
City Attorney and the City Clerk, based on guidelines available at the time.
Councilmember Nunez also asked if any court of law had informed the City Clerk, City
Manager or City Attorney to stop the election. Mr. Wallin indicated that the City had not
been contacted.
Mayor Pro Tern Taylor asked if election materials had already been translated and
printed; he advocated further information before proceeding with printing of election
materials.
Councilmember Clark reminded the council that they are named on the lawsuit from the
Department of Justice and must act in good faith to carry out the objectives set forth by
the DOJ.
City Attorney Wallin clarified that Councilmembers are not named individually on the
lawsuit, rather, the City Council as a whole is named.
Councilmember Tran indicated the 9 Circuit ruling should not affect Rosemead's recall
election, as the 9' Circuit ruling came after petition circulation began.
Councilmember Nunez indicated that if candidates are unhappy with the petitions, they
should file a lawsuit, as individuals. He also asked Mr. Wallin to clarify what authority
the council has to rescind the election and to cite case law examples.
City Attorney Wallin gave the example of Council putting forth a measure to approve the
sale of bonds; in this case, the Council can rescind an election if the City Council
decides not sell the bonds at a later date.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Senate Majority Leader Gloria Romero spoke in support of the recall
election and urged Councilmembers with a conflict of interest to recuse
themselves.
Ken Pike, residing at 9220 Steele Street, spoke against the recall, as he
was recalled in 1972 because of redevelopment. Mr. Pike felt the city
would save money by waiting until the next regularly scheduled election.
Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel spoke
in support of the recall. She referenced environmental concerns and
money spent by Wal -Mart in the 2005 election.
Page 2of9 CC MIN 12 -5 -05 ATTACHMENT C
Councilmember Clark rebutted that she did not take any Wal -Mart money
for the 2005 Election and recounted her offer to put Wal -Mart on the ballot
but the opposition declined.
Steven Ly, residing at 3040 Rosemead Place, spoke against the recall
and urged the council to abide by the Consent Decree and referenced his
mother, who was allegedly misled into signing a recall petition. He
referenced new legislation requiring multi - language translations and
wanted to know why the petitions weren't in the language of the people.
Brian Lewin, residing at 9442 E. Ralph Street, spoke in support of the
recall election citing no clear, verifiable reason to cancel the election. Mr.
Lewin also recommended Councilmembers with a conflict of interest in the
election recuse themselves and urged Councilmember Clark to vote to
allow the election to proceed.
Ed Stepanian, residing at 1813 Delta, spoke in favor of the recall. Mr.
Stepanian was a petition gatherer and indicated bilingual voters who
signed the petitions did so because it was their choice.
Polly Low, residing at 1039 La Presa Avenue, spoke in support of the
recall because SOC filed their petitions based on the rules at the time.
Ms. Low felt Mayor Pro Tern Taylor and Mayor Imperial should recuse
themselves due to a conflict of interest.
Victor Ruiz, residing at 9703 Olney, spoke in support of the recall
because he witnessed translators that walked with petition gathers.
Alejandro Gandera, Rosemead resident, advocated the council should
not act solely on the basis of the gth Circuit ruling as it may or may not be
valid retroactively. Mr. Gandera pointed out that in the past the Council
has not complied with all rulings put forth by the 9 fh Circuit; he gave an
example of a lawsuit he brought forth in the past against the Rosemead
City Council. Mr. Gandera spoke in favor of the recall.
Jim Flournoy, residing at 8655 Landisview, clarified for the record that he
invited State Senator Romero and Judy Chu's office (not labor unions).
Mr. Flournoy spoke in favor of the recall and felt the Mayor and Mayor Pro
Tern could not call this meeting due to a conflict of interest and felt the
council did not have the authority to rescind the election.
Estelle Holtz, residing at 8247 Blecker Ave, South San Gabriel, spoke in
support of the recall. Ms. Holtz felt that the opposition to moving forward
with the election was a stall tactic from Wal -Mart.
Page 3of9 CC MIN 12 -5 -05 ATTACHMENT C
Larry Bevington, residing at 8372 Rush Street, spoke in favor of the
recall. He referenced two other circuit courts that have found petitions to
be a product of the people and therefore not subject to the same
requirements cities are subjected to, citing cost and length as two factors.
As a proponent of the recall, his organization (SOC) submitted recall
petitions to the city, altered the formats based on instructions from City
staff and circulated petitions after city approval. Mr. Bevington felt the
action to rescind the election would be presumptuous.
Ricky Choi, spoke as a representative of Assemblymember Judy Chu,
read a written statement in favor of the recall that advocated letting the
courts decide if the election should go forward.
Nativo Lopez, National President of the Mexican American Political
Association and the subject of the recall in the Padilla v. Lever case that
the 9 Circuit ruled upon, indicated that the circumstances in his case
were completely different than in the Rosemead case and recommended
proceeding with the recall election.
Julie Wang, residing at 1012 S. Marengo Ave., Alhambra, spoke in favor
of the recall election.
Ron Gay, residing at 4106 Encinita Avenue, read a statement and
referred to City Attorney Wallin's memorandum and its conclusions which
he feels ignores 20 years of California Election Law. Mr. Gay feels that
any action will disenfranchise voters. His opinion is that "Padilla v. Lever'
was a post ballot decision and that this action would be a pre ballot
challenge. After citing legal opinions, Mr. Gay urged the Council not to
take action.
Fred Herrera, residing at 3879 Delta St., recommended the City Council
guard city finances by postponing the election.
John Davidson, residing at 7542 Mel Rose Ave., felt Councilmembers
were being unfairly categorized as undemocratic and asked that all
participants in the process respect each other.
Juan Nunez, residing at 2702 Del Mar, discussed City Attorney Wallin's
memo and presented information that both opposed and supported the
recall in an attempt to illustrate the multi- faceted issues involved with the
recall election and petitions.
Todd Kunioka, residing at 8400 Wells Street, discussed the differences
between Nativo Lopez's circumstances and the Rosemead situation. In
addition, he spoke about the recusal of Jay Imperial and Gary Taylor due
Page 4of9 CC MIN 12 -5.05 ATTACHMENT C
to a conflict of interest. He also mentioned that PRIDE sent out postcards
to voters that wished to 'remove" their signatures from the recall petition.
Yuki Fukumoto, residing at 1807 Delta, spoke in support of the recall
election and vowed support for it until its end.
Jim Clouet, residing at 3719 Ivar, spoke in support of the recall election
and reminded the council how many residents had signed the petitions.
Rosie Licerio, residing at 9225 E. Steele St., spoke in opposition to the
recall election. As a phone bank volunteer for Mayor Pro Tern Taylor and
Mayor Imperial, she spoke to Spanish- speaking residents. Because some
of the petition signers she spoke to felt misled, Ms. Licerio recommended
delaying the recall election until clear language guidelines are established.
Damian Nevarez, residing at 3043 Charlotte, felt that development is
good for the City of Rosemead, just not at the Walnut Grove location. Mr.
Nevarez referenced a City Council meeting from the past when English
signs were discussed; he implied that Mayor Imperial and Mayor Pro Tern
Taylor wanted English -only signs.
Mayor Pro Tern Taylor asked him to refer to council minutes and set the
record straight. He and Mayor Imperial supported legislation that required
businesses to use at least six inch letters in English (not English only) so
law enforcement personnel and the public are able to identify buildings.
Councilmember Tran made a motion to adjourn the meeting, with a
second by Councilmember Nunez, as they felt the council did not have
all the information needed to proceed. Vote resulted:
Yes: Nunez, Tran
No: Clark, Imperial, Taylor
Abstain: None
Absent: None
2. MATTERS FOR DISCUSSION AND ACTION
A. Consideration of the Impact of the Ninth Circuit Court's
Decision in Padilla V. Lever.
B. Consideration of Resolution No. 2005 -45:
A Resolution of the City Council of the City of Rosemead,
California rescinding its adoption of Resolution No. 2005 -33,
which called for and gave notice of the holding of a Special
Municipal Election on Tuesday, February 7, 2006, for the
submission of the question of the recall of certain officers and
Page 5of9 CC MIN 12.5.05 ATTACHMENT C
the election of candidates to fill the vacancy or vacancies if the
recall prevails, and rescinding its adoption of Resolution No.
2005 -35, which requested the Board of Supervisors of the
County of Los Angeles to render specified services to the City of
Rosemead. relating to the conduct of a Special Municipal
Election to be held on Tuesday, February 7, 2006
Mayor Pro Tern Taylor discussed his objections to the recall
process which started before the petition signatures were turned in.
He specifically referenced an open letter addressed to Rosemead
residents in June, 27, 2005 in which it was clarified that a condition
of Wal -Mart's permit prohibits gun sales (Condition 60) and that
Wal -Mart will for 20 years, pay for a crossing guard to assist
children crossing Rush Street.
Mayor Pro Tern Taylor also mentioned that by repealing Ordinance
#836, as requested by SOC, the city saved about $35,000 in
special election costs.
He also read an excerpt from an election letter sent out from
organizers that stated the Rosemead City Council "Threw the
petitions in the garbage." Councilman Taylor stated for the record
that the petitions are still locked up in a safe place with the City
Clerk; Councilmembers did not throw any away and residents can
check with the City Clerk for verification. An audience member
commented that the quote was a figure of speech.
Mayor Pro Tem Taylor referenced City Council minutes from
9/27/05 in which Rose Marie Gonzalez stated she was a resident of
Rosemead who circulated petitions. Ms. Gonzalez clarified her
residence address was actually a mailing address and that she
lives in South San Gabriel. She also indicated that she went out
with people but did not carry petitions.
Mayor Pro Tern Taylor said that we are going to have the court give
us an order to open up the petitions.
Mayor Pro Tern Taylor read out a dictionary definition of conspiracy
and what makes a publication libelous per se. Based on the
definitions of these words, he proceeded to recite excerpts from
letters sent out from State Senator Gloria Romero, Assemblyperson
Judy Chu, and Miguel Contreras that in Mayor Pro Tern Taylor's
opinion were literal translation examples of the words listed above.
Senator Romero advised the City Attorney to advise Mayor Pro
Tern Taylor to refrain from making further comments, as his line of
Page 6of9 CC MIN 12 -5 -05 ATTACHMENT C
questioning showed his intent and dislike of the recall election.
She recommended Councilmembers stick to the agenda.
Mayor Pro Tern Taylor explained he brought forth the above
examples, to illustrate informational inconsistencies which voters
had to reconcile. He suggested that by having a federal judge
order the opening up of the petitions, further clarification could be
achieved.
Councilmember Clark expressed a desire for a court to look at the
issues and mentioned that previous decisions including the current
case Padilla v. Lever regarding Nativo Lopez have been in Nativo
Lopez's case retroactive. Councilmember Clark made a motion to
add to Resolution 2005 -45 in the following way:
"It is the intention of the City Council in enacting this
Resolution to place the current recall election proceedings in
abeyance until the validity of the recall petitions have been
determined by the federal courts. The City Clerk is
instructed to retain counsel and to expeditiously file an
appropriate action to secure such a determination. If, in
such action, it is determined that the recall election should
proceed, not withstanding the inadequacy of the petitions, a
new date shall be set for the recall election in progress."
Mayor Pro Tern Taylor discussed the issue of the petition
signatures.
Councilmember Clark indicated that the signatures are a separate
issue and have already been verified. Rather than delaying the
process, Councilmember Clark suggested the focus should instead
be on whether the gch Circuit ruling applies to Rosemead.
Mayor Pro Tern Taylor seconded the motion Councilmember Clark
made.
Councilmember Tran made a motion to amend Councilmember
Clark's motion by suggesting the motion be approved, but without
suspending the election.
Councilmember Clark did not accept amendment.
Mayor Pro Tern Taylor clarified that the motion stands as is and
that he seconded Councilmember Clark's motion.
Pagel of CC MIN 12.5.05 ATTACHMENT C
Councilmember Nunez agreed that a court needs to advise the
council, but suggested the election continue per Councilmember
Tran's amendment.
Mayor Pro Tern Taylor asked Councilmember Nunez about
September 15, 2005 California Superior Court lawsuit between the
Alhambra Unified School District & John Nunez vs. Connie
McCormack (LA Registrar Recorder, County Clerk) in which the
plaintiffs requested a preliminary injunction to get election materials
re- worded.
Councilmember Nunez clarified that the plaintiffs challenged a
candidate statement, but the election continued (it was never
stopped). He encouraged Mayor Pro Tern Taylor or Mayor Imperial
along with PRIDE to take the issue to court rather than have the
City fund a suit or the council make the decision to stop the
election.
Councilmember Tran agreed with Councilmember Clark that the
court needs to. hear this case, but requested to give it 21 days.
He further asked the City Attorney if Mayor Taylor had the right to
vote on the issue and Mayor Imperial asked if he had the right to
vote on issue.
City Attorney Wallin clarified that all Councilmembers were eligible
to vote on the issue and he re -read the amendment to the staff
report which had been added to Section Four, resulting in Section
Four and Five being renumbered to Section Five and Six on
Resolution 2005 -45. The motion was made by Councilmember
Clark, with a second by Mayor Pro Tern Taylor as follows:
"Section 4: It is the intention of the City Council in enacting
this resolution to place the current recall election
proceedings in abeyance until the validity of the recall
petitions have been determined by the federal courts. The
City Clerk is instructed to retain counsel and to expeditiously
file an appropriate action to secure such a determination. If,
in such action, it is determined that the recall election should
proceed, not withstanding the inadequacy of the petitions, a
new date shall be set for the recall election in progress."
Page 8of9 CC MIN 12 -5.05 ATTACHMENT C
Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Abstain: None
Absent: None
Alejandro Gandera indicated he had asked to speak prior to the
vote on Agenda Item B, but that he did not get a chance to. He
asked the Mayor to maintain better control in future Council
meetings.
3. ADJOURNMENT
There being no further action to be taken, the meeting was adjourned at
10:45 pm. The next regular meeting will be held on December 13, 2005,
at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk
MAYOR
Page 9 of CC MIN 12.5.05 ATTACHMENT C
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
March 28, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Imperial 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 Clark.
The Invocation was delivered by Mayor Imperial
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor and
Mayor Imperial
Absent: None
APPROVAL OF MINUTES: December 13, 2005 — Regular Meeting
Motion by Mayor Pro Tern Taylor, second by Councilmember Clark to approve the
minutes. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Imperial declared said motion duly carried and so ordered.
1. COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem,
respectively.
A. APPOINTMENT OF MAYOR — CITY CLERK PRESIDING
Motion by Councilmember Clark to nominate Gary Taylor.
Motion by Councilmember Nunez to nominate John Tran.
There being no further nominations Mayor Pro Tern Taylor moved to close the
nominations.
CCMIN: 3_28 -06
Page I of 19 ATTACHMENT D
Rosemead City Council
Regular Meeting 9 -27 -05
Minutes Errata
Submitted by Mayor Gary Taylor
Approve minutes of 9 -13 -05 (5 -0)
Start at page 2 of draft minutes
Mr. Alejandro Gandara request Jay + Gary to resign from city council.
Move item 5A to front of agenda.
Major: Request to speak from John Brady.
Mr. Brady - Good evening council. This is a very happy and a very sad occasion. Happy
in that prophecy of several years ago we made unless the council acted wisely there
would be a recall. I was the first person to mention that word and I'm here to say that I'm
happy that the City Council is not going to hear any choice except to demand a recall of
Taylor Imperial. The people of this city are going to speak. The wise thing and honorable
thing to do would be for you to resign. if you do not the council should not delay any
further to make any more effort to try and delay this election. It should not go through
anymore of a sham process of the EIR or you will become a litigation matter again we
promise you your days and time are numbered. The people will speak, over one quarter
of the registered voters have said so. Demanding your removal and the people in the
room, the people in the city of Rosemead are going to see to it that removed from office.
You do not listen and therefore have disqualified yourself by being dishonorable and
finding yourselves unfit to serve. —
Mayor: Steve Ly
Steven Ly- 3040 Rosemead Pl.
Councilmember - Mayor
Mayor: Can you here us back there.
First go like this (hand to ear) and I'll remind the speaker - would you please. Thank you
Mr. Ly - Thank you Mr. Imperial. Okay I last came to council about 6 weeks ago
decrying the state of the City. And you know what? It continues. All I have to say is that
the recall petition, the recall drive has shown us nothing except for the fact that there is
corruption among those who made people sign those petitions. (Audience interrupted) I
ask you again please give me my right to speak. Did I yell out when you two spoke. No 1
did not. Now I ask you to give me the same respect.
Mayor: That's a contrary.
Audience: not when you call us corrupt.
Taylor Errata: September 27, 2005
Page 1 of 25
Mr. Ly: Mr. Mayor and City Council. I ask you not to certify this petition because of the
tactics that were used. That where implemented when people were going to get the
signature. I wanted to share with the council and it's on record that certain people went to
my house and got my mom to sign it under false pretense. I found out that's not just in
the Asian community. But it also happened in the Spanish community. As many Spanish
people, as many Latinos and Chinese were told that the petition they signed were to clean
up the park. Give me a break. That's a lie. You know for a fact that what the petitions
were about. You know what they were targeted towards. They were targeted towards Jay
Imperial and Gary Taylor. They were not ... Let's not even go into how unnecessary that
this recall was to begin with. The fact is you lied, when it came to getting people to sign
those petition. You lied in the way you went about this process. You forget that even
though.. ?. disqualified 127 were disqualified from your petition, because you lied. The
fact is 25% of people might have signed it. And 25% of you might have submitted that.
But let's be honest. You know for a fact that 25% of people do not support this. The fact
of the matter is Jay and Gary have our support. Jay and Gary have served the city well for
over 30 years. Together they have served for over sixty years. Under their kind of good
work for the city. And you dare come up here, you dare come to my house and tell me
that what you are doing is right. You're wrong. Thank you.
Mayor: Fred Herrera.
Mr. Herrera: My name is Fred Herrera 3879- Delta. Steven stole my thunder. I was going
to say the same thing. You two guys have served the city well for many years and I hope
to god continue to do that. If the recall process were for corruption or incompetence
Which neither of you have demonstrated. You've always acted in the best interest of the
city and not for NIMBY's interest. The recall process in my opinion was a sham. I
believe the information was provided for those people to sign the petition was erroneous
and misleading. And there was a hundred + twenty five peopled that requested their name
to be removed. This petition, this recall is as worthless as the people behind their
movement. If there is anything you can do to question the validity or tactics. I strongly
suggest you do it because the people who signed this petition were misinformed and used
in order to complete the agenda of stopping Wal -Mart that the only thing you guys have
done to effect these people is support of the project to bring jobs and money to our
community. That's the only sin you have committed. That is not grounds for a recall. The
people behind the petition are self serving NIMBY's. They just don't want it in their
neighborhood. Period. And they are willing to sacrifice two loyal people who have
worked for us for years, in order to achieve their self - serving agenda there's probably
nothing you can do to stop it, I presume. It just really pissed me off that it's happening in
city. Lack of respect. Thank you.
Mayor: Thank you Fred.
City Attorney: I believe that is all the speaker requests.
Mayor: We have one more: you want to speak
Taylor Errata: September 27, 2005
Page 2 of 25
Ms. Linda Kilpatrick: My name is Linda Kilpatrick, I also want to endorse Mr. Imperial
and Mr. Taylor, because I have lived here for 32 years and you have run our city well.
You care about our City. And not to forget included Margaret Clark, because all of you
have tried so hard to make Rosemead grow and be a whole Rosemead and I personally
the times I have come to City Hall with problems it has been taken care of with care. The
recall election Mr. Tran is going to cost over $100,000 dollars. You were quoted in the
newspaper, I'm sorry I don't have it with me. But to paraphrase that you want to save the
City money by asking Mr. Imperial and Mr. Taylor to have enough clan to step down.
Well, serves you. Because you are so arrogant, you are so arrogant and so young that you
don't know what you're asking. You don't know. You keep opening your mouth and
saying things like. Let's buy Rsmd Bl. Because it have pot hole's you say you want your
own office so you can entertain your Asian constituents.
Audience: interrupted
Mayor: Let's keep it down.
Audience: you shut up.
Mayor: you shut up and let her speak like we let you speak.
Ms. Kilpatrick: I'm paraphrasing. 1 cannot .....
Councilmen Tran: You quoted that want to entertain Asian constituents. I was just
curious where the quote came from. I challenge you to give me that quote.
Ms. Kilpatrick: Challenge all you want it's out on the street. I'm sorry. I'm just sorry Mr.
Tran that I voted for you.
Mayor: Rosemarie Gonzales, Do you want to speak on the item. Rosemarie Gonzales
Ms. Gonzales: My name is Rosemarie Gonzales, I'm a resident of Rsmd. I'm here to talk
in favor of the recall. A lot of people say this is corruption. I'm not corrupted. 1 know
what you have done here and you've done nothing. You just go down Valley Bl. you see
the trash. You go down Rosemead Bl. you see trash, trash everywhere and that's not a lie.
The other thing is. What you didn't listen to us. We went before the board over at
Rosemead High School. You didn't listen to us. No one has paid me anything. I walked
going up and down the streets getting signatures and I didn't lie to anybody. Many of us
worked very hard to try to do the right thing. But you didn't listen to us. You didn't take
our heat. There are three schools around there. There's convalescent homes. Yes some of
it is because of the Wal -Mart. But you didn't listen to us at all. When we said no. And we
still mean no. You have to take into consideration the children.. That are going to school
around there. You have to give consideration to the elderly that live down by. I'm a
retired teacher but I still have to continue to work because I don't make enough. I have to
supplement my income and I'm here to speak for the residents of Rosemead. No, no one
lied to no one and if you worked or you took your name off, fine. But the recall goes on
Taylor Errata: September 27, 2005
Page 3 of 25
and you should leave. Both of you should leave or resign now. No one calls me a liar, a
cheat, or a thief because I work much too hard to tell the truth. I work much too hard to
teach my students to be truthful to be dedicated to their community. To work here but
how can I, the streets are so filthy! You dig up, there's pot holes all over the area. What
do we have? Strip mall, strip mall, strip mall, okay but they are meeting the peoples
needs. Why do we need a big company like Wal -Mart so they can steal from them, so
they don't pay them the wages they deserve. So they can pollute the air with all the traffic
that's going to be coming in. Many of us are not healthy. And many of us suffer from
pulmonary, asthma and things like that and more smog and more pollution is going to
help the matter. And I will tell you if you think we corrupted you and we lied to you then
you weren't really listening because we didn't try to deceive anybody we just want to do
the right thing. That Mr. Imperial and Mr. Taylor didn't do. Thank you for letting me
talk.
City Attorney: Mr. Taylor there are no further speakers request cards on this item, so you
would be ready for a motion.
Mayor: Okay.
Councilman Nunez ?.. Move for approval (Item 5A)
Mayor: Is there a second
Councilman Taylor: Second.
Mayor: Would you vote ( 5.0 )
Mayor: Now we will go into the public hearing. Public hearing to considered
recommended expenditures of citizens paying for public safety cops program.
Mr. Crowe: Yes Mayor and council in 1996 the legislature approved 100 million dollars
of additional funding for local police services and in 2002 the program was renewed and
extended. This is for front line law enforcement.
Mayor: Virginia Peterson.
Ms Peterson: My name is Virginia Peterson and I am Superintendent of Garvey School
District. Liz said everything that I wanted to say. And she said it very well. We are very
concerned about the safety of the children in front of the Williams school. We've had so
many near misses of children, and parents walking their children to school and the
crossing guard as well, I can't tell you how many reports that I've heard over the years
also everytime that the motorcycle officer were there Lt. Wallace stops by to tell me how
many tickets that they have given. Ten's and ten's + ten's of tickets of tickets that they
have given for speeding in that area. It's very dangerous. So I too urge you to support the
traffic signal at the Highcliff and the left turn arrow at Gravea - - -- -for the safety of our
children. Thank you.
Taylor Errata: September 27, 2005
Page 4 of 25
Mayor: You are welcome.
Councilman Tran: I have comments on this. My comment is to thank councilman Nunez
for bringing this to the forefront.?
Clark: I have a question. In the event that there are no cars coming from Highcliff and in
the summer if there is no school on Does the signal ... is it triggered by pedestrian and , or
car, or is it, automatically going too...
Mr. Rukavina: It will be actuated by a pressing button
Councilman Clark: So it won't...
Mr. Rukavena: It won't just be green and turn red. It won't turn red. If there's not a car
on Highcliff it won't just turn red without a car being there.
Mayor: There's a motion on this floor and a second, would you note please.
Mayor: We have a speaker. Dolly Leong.
Ms. Leong: Good Evening Mr. Mayor, council members, My name is Dolly Leong,
residing at 8455 Mission Dr. Rosemead. I spoke before you a couple of weeks ago at City
Council regarding Consolidated Disposal sending a $20 dollars of y credit more? And
they confirmed to staff, Mr. Don Wagner there was no lien. That they did say nothing?
Or that they release it from my? Credit? The pint I wonder to tell you that surprisingly
that there was a credit of $ 20 dollars that was due to my son. And $19.84 cents was
credited to another occupant. And you heard before you Barbara Murphy and all the trash
was not collected by Consolidated Disposal many many times. She spoke before the
council. And also I thank Ms.? Also said that? I'm sure Mayor Pro Tern Taylor said this
is the first time he heard about this, no lien was sent to the collection agency and
refinancing up to several hundred thousand dollars on 30 years.
With a high interest note. You can't imagine how much damages financially. There has
repeatedly been called and wrote to the city. I mean the president of Consolidate
Disposal. All of you have gotten a copy of it. My question before you today is that on the
Consolidated Disposal request for a living adjustment raise that I cannot see... If I may
when is the bid to select another trash. I mean disposal company. Is there, the second
question is. Is there a subsidy of the city? To Consolidated Disposal. I have not received a
release of that $20 dollar for my credit report yet. I want to thank this council and staff
for helping me on that.
Taylor: Mr. Mayor, Mrs. Leong, Did staff follow through with what you had requested?
Dolly: I believe that Mr. Donald Wagner assist manager told me they had release it.
Councilman Taylor: Excuse me, Who released it.
Taylor Errata: September 27, 2005
Page 5 of 25
Mr. Leong: Consolidated Disposal. When we? $20 dollars sent to the collection agency
from my credit report. I have not received that release as of yet. The damage was done. It
was since November of last year 2004, up to now we could not wait for the credit score. I
mean for the interest rate t go up or down. This was like several months, for them,
pleading with them please release this, and they did not. Even president of Consolidated
Disposal did not cooperate with resident.
Mayor: Dolly, lets get an answer right now, Mr. Richard. Mr. Fierro. Is in charge of what
we are talking about right now. Can you answer that.
Mr. Fierro: Good Evening Mr. Mayor and member of the council. Mr. Wagner did call
me approximately two weeks ago maybe 8 wks ago at different times concerning that
problem we ... that this lady had with payment. The last time we discussed I was able to
talk to run credit manger. The 20 dollars that was placed; a lien was removed by us with
the credit agency. I was informed that normally the process even though we say please
remove this 20 dollar lien you know it takes a little bit of time. If there is any money due
will honor whatever amount it is.
Councilman Taylor: Mr. Fierro: Did you say you released the lien that was on it.
Mr. Fierro: Yes sir, we did.
Councilman Taylor: Was it consolidated that put the lien on
Mr. Fierro: Yes sir. It was. What happen is that In case I'm off base, please correct me
she owns a number of properties within the city and a number of the properties were late
in payment and there was an assessment to those payment. And when it was paid there
was already an assessment applied to the late charges. At the city's request we removed
those late charges from her report so as long as it's owns we made that correction
Fierro cont: not saying that we were wrong or she was wrong. But we just said remove
these late charges from her credit report. And we submitted that to the credit agency.
Councilman Taylor: when was that?
Mr. Fierro: I cannot give you and exact date. But I'm thinking maybe 2 or 3 wks ago.
Councilman Tran: when was your request to have that lien removed.
Mr. Leong: I want to clarify that Mr. Wagner there was no lien on my property. It was
sent to a collection agency. No lien that why I did not know Mr. Wagner inform the
whole city council that Dolly always paid her bill. If it was late I paid late charges on
that. There was no lien and no notice that I owe that money. What is surprising is that
there was a $19.84 cents that was due to my son was credited to another occupant at 8453
Mission Dr. That is why the credit is due to me my son is the same. Why the $20 was
Taylor Errata: September 27, 2005
Page 6 of 25
sent to the collection agency without being sent to me. Mr. Wagner you said Dolly
always paid the bill.
Mayor: is that the one on Ralph St. you don't own that anymore?
Ms. Leong: Which one
Mayor: Ralph St.
Ms. Leong: Yes I do, Now it's shifted to Ralph St. this is not true. It is 8453 Mission Dr.
Mayor: that happened one time before.
Ms. Leong: We do not owns 8453 Mission Dr. We informed the office in Nov. of 2004.
It is still sending it that I owe? Dollars on that property. That was like 7 or 8 months ago.
And you hear Ms. Barbara Murphy inform this council that disposal? That staff is very
needs. They make us wait ten minutes on the phone. Not knowing who is? That inform
me? My son.
Mr. Fierro: Mr. Mayor: I will go back to the office first thing in morning 1 will
communicate with Mr. Wagner that we have the right address on file and make whatever
corrections need to be made.
Mayor: And you communicate with me in case Dolly called
Councilman Clark: I have a question, so Dolly do you owe 20 dollars
Ms. Leong: I do not owe 20 dollars. I had late fee in fine. They sent it to the collection
agency for 20 dollar without any lien.
Councilman Clark: the 19 dollars to your son was that another property
was that a different...
Ms. Leong: another occupant.
Councilman Clark: that is a different property.
Ms. Leong: Yes, 8453 Mission Dr. Same property. ( ?)
Councilman Clark: Now my question now is the council gets a list of all the lien on the
properties. Maybe a couple of months ago. Was this listed on that chart?
Mr. Wagner: No, that's why when this was brought up at a council in the next. I called
Richard on it. 1 had a question about it too. Because she wasn't on the lien list.
Councilman Clark: So how did it get as a lien. Was that a mistake.
Taylor Errata: September 27, 2005
Page 7 of 25
Mr. Fierro: I think I misspoke when I said it was a lien, it wasn't on a lien list, it was on a
delinquency for not making actual payment. It was not on the lien list.
Councilman Clark: What's the difference.
Mr. Fierro: Well you can be delinquent say month or two and they pay. If you don't pay
the whole year then it goes on the delinquents list.
Councilman Clark: So that was a 20 dollar delinquent charge
Mr. Fierro: Yes, that is right
Taylor: Mr. Mayor, what is a little bit confusing is Ms. Leong is saying it was a 20 dollar
refund as an overpayment. And I'm hearing the other side of the coin, and it was a 20
dollar delinquency. There's two different things here.
Mr. Fierro: And that night councilman Taylor. Indeed so go back and check. It was my,
understanding that it was just a 20 dollar charge. That the credit agency was charged Ms.
Leong. We went back and said do not charge her 20 dollars.
Councilman Taylor: No, you said a credit back to her. She was owed twenty dollars.
Mr. Fierro: She was owed 20 dollars we need to pay her back 20 dollars. It was my
understanding that it wasn't a money due to her. But they were going to charge her that
$20 dollars and we were going to remove that charge.
Councilman Taylor: Okay!
Mayor: I can remember this happened once before on Ralph St. and you might want to
look at the way that's listed. It seems like...
Mr. Fierro: I know that there's a number of properties and I want to make sure that we
have the correct numbers and I'll have my staff and myself work to make sure that we
have the right address. And again I apologize for inconsistence.
Mayor: is that all Dolly. Thank you Richard.
Mr. Fierro: Thank you Mr. Mayor.
Ms Leong: Thank you very much.
Mayor: Motion and a second.
Councilman Taylor: Move. I'll make the motion (Item 5B)
Taylor Errata: September 27, 2005
Page 8 of 25
Mayor: Is there a second.
Council Clark: I'll second it.
Mayor: Okay any questions.
Councilman Tran: I have a question. Is this contract also an extension of the current
contract. And is it still considered and Evergreen contract, or vote on it every yr.
Councilman Taylor: Mr Mayor if I might may. John this is raising it from 12 dollars to
12.44 cents. This is their allowed increase. The other item is down at the bottom of the
page.
Councilman Tran: is that all Gary.
Mayor: A motion and a second. Vote please.
Councilman Tran: the question was brought up by Ms. Leong is it still considered an
Evergreen contract ....?
City Attorney: This is currently an Evergreen contract with five year notice provision.
Every year that the council does not give consolidated notice it's intent to discontinue the
contract on a five year basis and another year is added. So each year that is completed it
stays in a constant five year notice.
Councilman Tran: is that in April or May or?
Mr Wagner: I think it is August 1 st.
Councilman Tran: So next Aug l st it will roll over for another 5 years.
Mr Wagner: Yes sir.
Mayor: Vote Please.
Mayor: It ran seven. Matters from officials.
Councilman Taylor: Mr. Mayor: I need to correct something. Mr Tran ask a question
about the five year contract. The Evergreen contract. And were going to bring back the
revised contract. Mr. Crowe is that correct.
Mr. Crowe: What we would like to do there are several councilmembers who asked
questions about 5B which is consideration of the third amendment to the consolidated
contract. We're going to ask that you allow us to pull that off and represent it to you at
your next council meeting. And we can discuss the options in greater detail. This is your
third amendment. Currently is considered to be Evergreen. And you would have to pull
Taylor Errata: September 27, 2005
Page 9 of 25
the trigger to and that contract if you want to you can do that at your next meeting if
that's what you want.
Mayor: Pull the trigger.
Councilman Taylor: No, I mean as far I wanted to clarify that when I was speaking to Mr.
Tran. This item is the one that we were talking about the ... it's not the annual 3.7% that
they are entitled to. This is the amendment to the contract.
Mr. Crowe: Yes item 5B we are asking you to pull with the amendment which, lets say
effecunte changes to your bulky item. Pick -up program your recycling programs, the
green waste program and so on.
Councilman Taylor: So we are going to defer this and get more information on it.
Mr. Crowe: Yes.
Councilman Clark: Mr. Mayor.
Councilman Nunez: I first want to ask a question of the City Manager. I through the
direction was to have a study session.
Mr. Crowe: I would be more than happy to have it setup as a study session at the next
council meeting if that's do able at six o'clock. if that works.
Councilman Clark: Mr. Mayor, I would like to give it some input for the benefit of the
audience. Because there has been a lot of concern about trash. We heard some of it
tonight. And we seen a lot of signs clean up Rosemead. I would like to throw out some
ideas and be able to get feedback now and between that study session so that the residents
with what we finally decide. Because there are several options that we can do and I
would like the people to know what are we discussing now so that they can mail it over
and say that would work and that wouldn't work I'm willing to pay a little more for this
I'm not willing to pay and so what I want to get input on one of the proposals here. The
trash day bulky item rather than having it be the four times a year that we have now every
quarter. And we... that isn't working because every single week we get in our staff
reports the list that a couch on such and such street. A refrigerator and whatever. Because
people don't understand it or don't want to abide by it, but the proposal that you would
call in when you want something picked up I think is not workable. And the idea of 4
time pick -ups per year and you get 5 items per pick -up I can't imagine how people would
be able to keep trash. What if you wanted to put out the first four weeks in January or
clean out your yard and you -want to put out 5 items every week. Then you have to
remember for the rest of the year that you can't put out anything without being charged. I
just think it is an accounting nightmare for the trash people that are picking it up. And
personally my preference right now, and I can change my mind is to have you be able to
put out anything that you want at any time. I believe that is how the City of Temple City.
You live in Temple City. Right Don
Taylor Errata: September 27, 2005
Page 10 of 25
Mr. Wagner: that's correct and still in Temple City whatever I put out they pick up, now
on our discussion with Richard Fierro. Even if we had the item .......anytime bulky item
you would still have to, correct me if I'm wrong Richard. You would still have to call
ahead and say I have a bulky item. I have three bulky items on my trash day. Just so they
would know how many trucks to send out.
Councilman Clark: The problem with that is that people aren't going to call and we are
still going to have the couch out there that's going to sit there until somebody else calls
on it. And that's what we have right now. One of the problems that Ms. Murphy has
brought up. You know. And we have got to solve it.
Mr. Wagner: Okay then we will look at that option. As for as the E -waste for the benefit
of the audience who don't know is the television and computer. Now you cannot even put
out a television that has a catode ray tube that has toxic stuff in it. But you have to call ,
this is something that I was thinking about today. You know we have this thing, the
ultimate, the best thing is to reduce and then you have recyclable. And then you have,
new recycle what is it Bob? I forget what the 3rd one is. The best thing is for someone
else to use it. Now often I will put things out on anything given day. And I'm delighted
when they are gone because that means that some body else is using it. It is not going to
the dump. It's being used by somebody else and so what could happen if you always have
to call in is I could say I have a computer on the street and the right day it's gone because
somebody wanted it. Somebody took it for either tearing it apart. Or getting some of the
metals out. Or there going to use it at their school. So that's the best use when somebody
uses something again.
Mayor: Maggie, Mr. Nunez wants to say something.
Councilman Nunez: No. I just want, I thought those questions would be asked at a study
session.
Councilwoman Clark: But the public in not going to all show up at 6 o'clock on a study. I
would rather...
Councilman Nunez: We can have our study session out here at 7? O'clock? We have
more room than in the other room.
Councilman Clark: That's great we are not deciding tonight. But there's so much passion
out there.
Councilman Nunez: We're not going to decide on the next board mtg either. This is just
going to be a study session.
Councilman Clark: Why do you have a problem with me just giving some ideas out there
John. I want people to think about it and say I like that I don't like that. That's what we
are here for to get input.
Taylor Errata: September 27, 2005
Page 11 of 25
Councilman Nunez: I just think that you get a lot of interjection in a study session
between council members. That's when it works out better.
Councilman Clark: I'm not opposed to a study session the only reason I'm bringing this
up is I want our trash hauler to think about the concern I want the people to think about it
and be willing to pay and what they wouldn't be willing to pay. What the benefits are
and what draw backs are, I've been involve with solid waste issued for... How long have
we been involved Bob? Bob Bruesch, it's probably been 14 years. What?
Councilman Bruesch: Two hundred years
Councilman Clark: So there are important issues that I want people to be thinking about.
So that if we do have an increase in the rates you know what we are getting and why.
Councilman Clark: Richard would like to say something
Mayor: Would you state your name again, please
Richard Fierro: Mr. Mayor and members of this council R. Fierro of Consolidated
Disposal Service. I like the idea of a study session the more people involved I think the
better it will be. I just want to give you an idea of what other cities do. Other cities it is 4
time a year. It's 4 -5 pick ups per customer per residence. When you call...
Councilman Clark: you mean 4 or 5 items
Mr. Fierro: Four or five items. I'm sorry. The bulky item program is meant for one thing
and one thing only. It's to help the resident get rid of a couch, a refrigerator, a washer and
a dryer, because they bought a new one they bought a new television set. It is meant to
help the dispose of and get those items recycled. It is not meant for a person that is
working out of a house on refrigerators, so that every week somebody is putting out 2 or
3 refrigerators or washers or dryers. Which happens. They have an illegal work shop
there. If a person is going to clean out their back yard, or clean out the garage we have a
service of having roll off for 3 yard bins for that particular purpose. So they can dump
everything at one time. When we do pick up, and this is just for information and I'm not
going to take a lot of time. You pick up the goods at curb side they are recycled. 1 want
you to know that. One of the problems we have in Rosemead are illegal E -waste being
dumped on the streets. Because there is a cost now to dispose of and get those E -waste
recycled. We're offering to the city that we pick them up. We cannot pick them up with
the same truck. We have to pick them up in a separate truck, because they cannot be
compacted. So that means a different truck and another driver to pick up the E -waste in
front of the house or the alley. Where ever it's at. If somebody calls and says there is a
computer sitting out in front of my house I didn't put it there. We don't care. We just
need the address so we can pick it up. But we do have to report an address to the state. A
lot of people think that 4 pick up a year, 5 items per pick up is not enough, it's 20 items
per year. It's more than enough, all of our cities, it will be the most.
Taylor Errata: September 27, 2005
Page 12 of 25
Fierm Continued: That we have in any one of our cities. Any other city. There are a lot of
other cities that only have one pick up a year. What I want to do I `ll give you the
information that you need. If there is a program out there that we will say pick up
everything out on the street. But we have to buy the vehicles we have tp pay the car, so
there is a cost to it. But we will pick everything within 24 hours of the day called in, or
that same day if we get called in early enough throughout the daytime. One thing I would
like to say is because of the problem with the bulky items that we have been having. I
would like to start the bulky items program in the next couple of weeks with your
permission. Which means we will put out some notices in the newspaper letting people
now about at the end of the month we will no longer have the quarterly pick ups as were
scheduled to be at the end of October. But we will implement the bulky item pick up
probably the same week of the City Council meeting or the week before. To start getting
people used to disposing of their bulky items on a weekly basis on that collection day.
And we will continue with multiple notifications in the 4 or 5 newspapers that service the
community. And also the Rosemead Chamber Community letter to let the people know
that they no longer need to wait for the quarter to get rid of their bulky items. Just sit it
out for curb side service. We do prefer that you give us a call.
Mayor: Make sure that they check Dolly's question?
Mr. Fierro: Yes, sir.
Councilman Taylor: Mr. Mayor, I would be opposed to starting that bulk pick up item
until we get it straightened out in the contract. The reason for that is we get 2 pages every
week of items that need to be picked up. And I'm going to estimate there maybe 35 per
row. 140... (per week).
Mr. Fierro: that's why I want to start it now. So we can eliminate that.
Councilman Taylor: Well that's the tricky part. Once you start it you think we've got a
contract. But what is happening now with those 140 items theoretically that are supposed
to be picked up.
Mr. Fierro: We pick them up.
Councilman Taylor: And who pays for that?
Mr. Fierro: We do.
Councilman Taylor: You pay for that.
Mr. Fierro Yes sir.
Councilman Taylor: Now...
Taylor Errata: September 27, 2005
Page 13 of 25
Mr Fierro: Of the last six months or four months that I checked there were 685 bulky
items that the City called us to pick up. Of those 685 -125 of those we were able to charge
back to the customer that lived there.
Councilman Taylor: How do you charge that back to them?
Mr. Fierro: We have an address that the t.v. set or refrigerator came from, 122 Main
Street. And on their next billing there was a charge for that bulky item and the people
paid it.
Councilman Taylor: Well most of these items are out on the curb. They are setting in
front of a house which I'm assuming, you have to assume that it came form that house.
So we get a hundred and forty (140) of these a week, and you mentioned that you billed
some of these homeowners, why don't you bill all of them. 140 that you pick up from?
Mr. Fierro: We could not find an address that went with it because it is neither on the
curb, on the street, or alley. We could not find it, and we couldn't really justify it.
Councilman Taylor: Well we have an address on everyone that is picked up of 140
names.
Mr. Fierro: But the people deny that it is theirs. And we are just not going to go back and
forth. What were offering is no charge to the city, no charge to the resident. On collection
day we will pick up the bulky items -just call Consolidated. It is not going to be above
the 12.44 that would ...
Councilman Taylor: but it becomes 62c for every residence in the city
Mr. Fierro: That's another program councilman
Councilman Tran: I would also agree that, that 1 would also like to hold off on the change
on the bulky item. Do to the fact we are going to have a study session. Maybe we can...
Mr Fierro: If that is your wish, then that is what I will do, I just saying because we know,
Mr. Warner and myself it become a nightmare for us. The last 2 years. But if that is your
wish. Then we'll just have one more month to work out.
Councilman Tran: That will be setting precedent as for as having people getting use to it.
Mr. Fierro: Right and we want the people to get used to it because, one of the programs if
you will allow me one minute. One of the programs is a no charge to the residents. We
will pick up bulky items on collection day (What single? or any collection day being
identified ?) That's a another program which is a charge and we will pick up any bulky
item within the city when it is called by a resident or public works. An example if we are
on Tuesday route and we're picking up from the homes on Tuesday route, when there is a
couch setting on Thursday's route. We would normally have to wait until Thursday's
Taylor Errata: September 27, 2005
Page 14 of 25
route to pick it up that same Tuesday (how ?) You no longer have to wait. You no longer
have to have it sit for a week, we will pick it up when we get the call. That's the extra
charge because when we're no longer on a particular route we have to pull off that route
to go pick up those items. Whether it be a couch or mattress. It is not necessarily a
residence in Rosemead, it may be somebody driving by, maybe people from the
apartments that moved out and dumped all their stuff on the street. We're not asking any
questions. We will pick it up. We need to get paid for it. We need to buy additional
vehicles for it.
Councilman Taylor: We still need to get it cleared up, because you're saying that they
can put out trash, bulky items every week, and you have in here 11,444 same number like
that of units. Now we've got to have those 11,000 people understand that you can't put it
out every week at every house, because how do we tell them, you have to call every time.
How do we resolve that. We're going to have 10 times as much bulky items because
people will think, boy we got a good deal here, and then, then all of a sudden we've got
hundreds if not thousands of bulky items by the end of the month. From there 11,000
homes that are picked up, 4 times. That's 45,000. ( a month)
Mr. Fierro: That's why we want to put it in the newspaper, but again. I would head to
your suggestion and wait because? It's tough enough to have.
Councilman Taylor: Here's stickler on this, I want to read their sentence to you. " the cost
of picking up the abandoned bulky items would be covered by CDS up to an annual
amount or cost of $1,000 dollars." you take $1,000 and divide that by 12 months, that is
88 dollars a month. You take 88 dollars and you divide that by 4. That is 22 dollars a
week. That is one and a half bulky item that can be picked up. And we just talked about
11,400 people. And we are only allowed 1.5 pickups. Then you start charging the city,
how much. $17 dollars for each one.
Mr. Fierro: Yes
Councilman Taylor: Now just put that in (perspective) what happened to the 45,000
people.
Mr. Fierro: That's why we have the second option of the 62 cents per resident. And it
gets paid by all residents and all bulky items are picked up.
Councilman Taylor: Now you just brought that back into the picture. When I brought
that.up a while ago, I was told, no that's another program.
Mr. Fierro: Let me go back, we're trying to rush this thing okay.
Councilman Taylor: That's why we are going to have a study session. And I don't want
you to start picking them up (bulky items).
Councilman Clark: I want to hear it.
Taylor Errata: September 27, 2005
Page 15 of 25
Mr. Fierro: Right now, what you approve today if you allow me I can start to have the
bulk items picked up in 2 weeks.
Councilman Taylor: And I don't want that.
Mr. Fierro: Okay
Councilman Taylor: Because we don't have it actually, logistically figured out how it is
going to be. There's thousands of pieces that are going to be out there. These 11,000
residents are going to be thoroughly confused when they can put it out and they have to
make a call it's just not down pat yet.
Mr. Fierro: I understand, and that was one of my suggestions that staff, anyway we will
wait until the study session. And I will work with you, and come prepare. If you would, if
it is possible if you work with the City Manager and get all you questions so that I can
field them and when I came to the study session prepare to answer those questions
Councilman Taylor: Thank You.
Councilman Clark: I personally would like, oh, I'm sorry
Alejandro Gandara: Can the audience speak.
Councilman Clark: I would like to have the audience speak.
Mr. Gandara: I hate to add more time to this. Just today it happened that I had a
refrigerator that I wanted to get rid of. I had a new one sitting in my driveway and I called
this company because I couldn't remember the time they told me that it would be next
month. Well I was not going to have it sit there for another month. So 1 was referred
when 1 said well what do I do if I don't want it there because there would be a cost. He
referred me to another number that I called and it would cost me another 80 something
dollars for them to come and take that. And I had already made another phone call to
somebody that I bought the refrigerator from, what do you do with your old one? He said,
I have a guy and he will call you later. I would just make the other phone call. So I was
going to wait for this phone to ring. And have it picked up, when somebody came to my
house and asked if they can take it. Now let me tell you it sounds like there is no money
in trash. There has got to be money in trash because this guy practically fell over himself
wanting it because of the metal it's worth. So if it's worth something why am 1 going to
get charged more from this company for picking up a refrigerator there has got to be
money in recycling.
Gandara: So you want to tell me we are going to give them more things that they can
recycle to get money from, but they want to then charge us more money while they
certainly, unless your making no money, you're saying it is a service, it's a favor to us.
That's great, gosh I wish more companies had that to say to me. But there has got to be a
Taylor Errata: September 27, 2005
Page 16 of 25
profit that somebody's making off this if this guy came and ask me if he could do it.
There's money being made in this recycling. And if not. We need to find a company that
knows how to make money off of recycling and that needs to be looked into. I had trash
for recycling and when it came to all the greens there was one piece of paper, one of the
trash picker would come and recycle my plastics put inside the can and the person who's
supposed to pick -up the greens wouldn't touch the cans because and they which stayed
all week because there was one thing on the top the first time that's not the first time.
We're talking about a company that needs a little bit of talking to a little bit of dealing
with and there should be somebody else that you talk to and deal with. I have a small
thing to recycle it's ridiculous. It's always full, it's falling over. If we're really serious
about recycling let's get serious instead of pretending. Let's get some bigger things out to
us so we can really recycle and let's hire a company that knows how to make money off
of recycling. Instead of passing the money to us to have to pay for a service...
Councilman Taylor: Mr. Mayor, Mr Alejandro there is part of the proposal to put in a 64
gallon blue recyclable container.
Mr. Gandara: I'm glad to hear that.
Councilman Taylor: And that's going to be a dollar fifty, what is it, a dollar seventy five
additional. For that bigger tin and it's probably worth it because the little colorr are
very...
Mr. Gandara: it maybe worth it. Again my point is we're giving them more to recycle and
they want to charge us more. And now we're going to recycle more instead of throwing it
into the regular garbage can because it doesn't ... so why are we giving them more
recycle goods. Is there not money to recycling. People recycle all the time. They are
coming down my street. So why are we giving the more recycling goods and why is the
cost to show that we are doing a greaterjob. They are getting more profit. Somebody
needs to look into that. It doesn't make sense to me.
Councilman Clark: Mr Mayor if I could just comment. Just to clarify there are mixed... a
lot of this stuff is put out, like an old couch. There is no money in that. So it's a balance
Mr. Gandara: Yes I understand that every things not good but there certainly is money in
the plastics. So we are going to give them more and they are charging us for a bigger
container.
Gandara: Does that make sense. It doesn't we need to do to make more sense.
- end of discussion-
Next speaker: Ariana Leon ( ?) 3316 Charlotte Ave. Problem with law enforcement. Does
not see any care patroling. 5 cars stolen on her street. Sees 3 sheriff's cars at 7/11 on San
Gabriel Bl ± Hellman. Wants more patrolling.
Taylor Errata: September 27, 2005
Page 17 of 25
Next speaker: Michelle Gonzales to speak on traffic at Willard school. Called city hall
about crosswalks, called the sheriff. Has petitions of complaints to give to city. She read
petition.
Tran comments follow-
Nunez comments
Maggie
Next speaker: Jean Hall. Good evening honorable Mayor and councilmembers. My name
is Jean Hall. And I've been around here for about 50 years. And I'm here before you, for
what I'm about to say will be put on record. I feel that it is my duty to notify the public
about three facts. The proof of these fact are also on public record. And I am compelled
to share them with all of Rosemead. And all the other concerned parties.
Mr. Tran: Mrs. Hall before you continue I understand that what you are about to read
and I will inform you the matter is a confidential legal matter between my ex -wife and
myself, my attorney and the courts. Therefore the 1 st amendment rights does not protect
any slanderous and libel suits on nay misrepresentation of this and I have notified my
attorney about this and put it in writing and if you continue with this I will seek legal
action towards you on this matter. So I will advise you at this point in time. It is not true.
Mayor: are you... what's
Mr. Tran: I will. I want to clarify, and also want to add that the City Clerk will make
these minutes verbatim, so that's also on record. The whole entire meeting.
Councilman Taylor: Mr. Mayor;
Councilman Tran: For the whole entire meeting.
Councilman Taylor: Mr. Mayor
Mayor: Yes-
Councilman Taylor: I would like to ask Mrs. Hall that I don't know what you have as for
as documentation of what you have to say. But, evidently there is something in there that
Mr. Tran does not want the community to know. He does not want anybody to see it and I
know why you must feel you have to put that out. But he's called for us many times to
resign. Do the good thing for the community. I have nothing to hide I've been here since,
56 yrs here. Nothing to hide. Is there anything that you want to say about my record
that... there's something there that...
Mrs. Hall: All due respect to all that anyone has said. The warnings and everything. I am
here because I am not a famous person. I do not hold a public office. I do now owe
Taylor Errata: September 27, 2005
Page 18 of 25
anybody or anything. God forbid. If I die from any unnatural causes. My family will
know who to direct...
(some audiences moan and laugh)
Councilman Taylor: Mrs. Hall, is what you have public documents?
Mrs. Hall: it is public record and anybody can get it.
Councilman Taylor: Okay. Just put that in the record that you believe it is public
information.
Ms. Hall: It is and I have handed the city clerk. A copy for everyone ( ? How many) to
see what it is that I saw.
Councilman Tran: I will also let you know that I did discuss this with Captain Shaw.
There is no truth in it. So I'm warning you in this point in time that it is a private legal
matter between myself and my ex -wife therefore if you continue again I will continue
with legal action that my attorney is aware of this.
Mayor: Is that a threat? (Missing sentence)
Mrs. Hall: As I said before I was so rudely interrupted by the audience.
I ...if something does happen to me other than natural causes, my family will know who
to direct the authorities to for questioning. So don't shoot the messenger I'm exercising
my rights stated in the first amendment that I can freely express my opinion. (missing
sentence)
Councilman Tran: Just state the facts on this.
Mrs. Hall: Now ever since we had our city council election last March, there has been
alarming rumors regarding our councilman Mr. Tran. His integrity his qualifications
serving on the Rosemead City Council. As for myself, I needed to see proof that rumor
was true. And thru public access and records show that Mr. Tran is ignoring court
appearances. And there is an arrest warrant out. And this alone is shocking. But there was
a request from a legal council asking to be excused from Mr. Tran's case. Because of a
bad check he gave for legal services. Now non - payment seems to be a habit of Mr. Tran.
The record shows him to behind in spousal payment. As well as child support. Now this
is all public record. There is a restraining order from his wife and has been granted for his
exebition of his violent behavior and alleged abuse. Last weekend I e- mailed ( ?9- 23 -05 ?)
All of this proof of Mr. Tran's fallacies to the newspapers and TV stations. Now, to date I
have not seen anything. My question is Mr. Tran has something on everyone. Should one
person have that much power? Should we feel okay like being afraid to speak? No Mr.
Tran. You need to put your house in order before wanting to clean up city hall. Sitting on
the council while pretending to be a model citizen, then scrutinizing your fellow council
members is appalling it doesn't give you the right to be above the law. You're arrogant
Taylor Errata: September 27, 2005
Page 19 of 25
toward our judicial system and the order of the superior court judge should be grounds
for your removal sir. Please Mr. Tran put you house in order. You come into my house
and mess it up. Rosemead deserves better leadership.
Mr. Tran: I would like to make a response to that, and so, if I may. We have our captain
here and I even brought it to his attention when 1 found out about this. I ask him if there
was an arrest warrant out there. There is not an arrest warrant. And this is not true. Again
this is a private legal matter and that's that reason why the newspaper refused to print it.
Because it is not true.
Audience: If there was an arrested warrant out there the captain would be there to arrest
you.
Ron Gay: I just wanted to say a few words
Ron Gay: 4106 Encinita Ave., Folks this is the kind of garbage that goes on and brings
down our city. Okay give me a break this is all a very well sculpted piece for you folks to
do. This is garbage. This is nonsense. Let's talk about real things. Real things. Cut the
mud slinging. Okay. This is why you folks are in this position. And it is really disgusting,
I'm tired of it.
Councilman Taylor: Mr. Mayor. I hate to do this at this point. I have to ask Capt. Shaw,
is it a public document? Do you know about this incident.
Capt Shaw: I know of the document.
Councilman Taylor: Is it an arrest warrant?
Capt Shaw: No,
Councilman Taylor: Capt. Shaw, you answered the question and that's fine. You made
that point. I appreciate that.
Gay: It has been answered.
Councilman Taylor: I'm going to direct the city attorney and the city manager to
investigate these documents if they are legitimate public documents and what they are... I
haven't seen them.
(some audience boo + heckle)
Mayor: Wait, wait. Now, come on now. Let's here what they have to say.
(Audience, Brady, nobody has heard anything audience shouting)
Audience- Brady - Save your breath for the recall campaign.
Taylor Errata: September 27, 2005
Page 20 of 25
Councilman Taylor: Mr. Mayor, Mr. Mayor I did ask a question to direct them TO SEE
these are public records. Mr. Mayor are there any other speakers on there?
Mayor: I don't think so. Is that all the speakers?
Councilman Nunez: I think that, when we start looking at personal lives (the way we do)
because 1 saw this and it got ugly and somebody put it in my maildrop. Is how it came to
me so it obviously came trough the city clerk.
City Clerk: I put it in a box.
Councilman Nunez: Okay but you know, these are, you know, if we have looking for
stuff like that you know, it's really crazy when you start looking at that. I think we've
made some complaints about some of the votes are maybe that lack of votes or lack of
direction. That this city council in the past has done? I think that if you look at votes for
directions that I've done as a city council member or on the Alhambra school board
member or as the Garvey school Board member, as a city council member. You know
once in a while I go over the speed limit. I get behind on some stuff time to time. I'm not
perfect and none of us are perfect. The fact that I'm not perfect and I'm about my
community out there tells me that I am fit and also that John is too, serve on the city
council. Thank You.
Councilman Taylor: Mr. Mayor:
Mayor: yes.
Councilman Taylor: There is an other thing that I would like to direct the city manager to
do, I would like him to right a letter to the hotel New York, New York in Las Vegas and
specifically get their accounting dept. to find out if they in fact have been double billing
our city for charges that were made, and we heard 3 times that they double billed us and I
want them to deny it or prove it.
Councilman Nunez: Mr. Mayor that would be fine if we didn't use city revenue to go out
there and do an investigation like that. That would be fine as long or I would hate for you
or anybody in your camp to use that as a campaign. Because you know what is the
campaigns out there want to use that information let then go get that information. We
should not use tax revenue .
Councilman Taylor: No, it's official city money that was in this messy deal.
Councilman Nunez: We got it back
Councilman Taylor: So
Councilman Tran: City Manager
Taylor Errata: September 27, 2005
Page 21 of 25
Councilman Taylor: Mr. Tran. I'm talking Mr. Tran. Please, you famous at that, but I
would ask the city manager to issue that letter tomorrow. To clean up our accounting
procedures
Audience: Mr. Brady: you're spending our money to do something which is a personal
matter of yours
Councilman Taylor: No, No. This is to claim how the receipts came in to city hall.
Mr. Gandara: Is money missing
Councilman Taylor: No, we're trying to cover that up to. Mr. Tran ...we're going to
verify that
Mayor: One at a time please.
Councilman Nunez: I thought that our fiscal dept. already cleared that up. Did they not,
City manager
Mr. Crowe: Mr. Tran provided his personal check to cover the charges in question.
Councilman Nunez: So that is what you want to go spend money on
Councilman Taylor: Mr. Tran has stated 3 times at our meetings that New York, New
York has doubled billed the city. He said that 3 different meetings
Councilman Nunez: So you want us to spend that money.
Councilman Taylor: I want to write a letter Mr. Nunez
Audience: Mr. Brady: That cost money and time-
Councilman Taylor: Ok, Mr. Brady.
Mr. Brady: yeah, you go like that. You don't have much longer to do that. You're out of
here, you too Imperial.
Mayor: Listen,
Mr. Brady: don't point your finger at me.
Mayor: I'll point when I want to
Mr. Brady: you don't even know the word..?
Councilman Taylor: Mr. Mayor, Mr. Mayor.
Taylor Errata: September 27, 2005
Page 22 of 25
Mayor: Don't tell me.
Councilman Taylor: Jay, come on Jay. Mr. Mayor we've had a couple of items brought
up. Was that your oral communications.
Councilman Taylor: I would like something put on the traffic commission. As for
approving another signal light. Now we put a signal over on Del Mar. I would also like to
put on their agenda signal down on Rush St. at Rice St. ( at angelus ave.). if we're going
to put a signal over there it's fine. It sounds like we need it. But I would like to have a
signal put down on Rush St. So I would like that on next traffic commission agenda.
Councilman Tran: is this paving the way for Wal -Mart. Is that on Delta and Rush
Councilman Taylor: We've already got the statistics all that's been going on. There was a
lady that came up here and ask for a signal. Now you open the door and I think it's a
good idea. So I'm asking that it be put on their agenda.
Councilman Tran: I think it should go thru the channel as...
Councilman Taylor: I just suggested the channels. Mr. Tran: Is this proper Mr. Crowe.
Audience: Mr. Brady: Why don't you go thru the traffic commission.
Councilman Taylor: It's going thru the traffic commission Mr. Mayor I would like to
defer this law enforcement to the next mtg.
Mayor: Matters from officials.
Councilman Taylor: Defer because we're missing some information.
Matters from officials:
Councilman Tran: regarding the public hearing on the EIR that was going to be on
Dec I3th. I thought that given the fact that our city attorney has retired and he is retiring
effective Dec 1 st. With the letter given to all us council members and given the facts
there were comments that were... the orders... the judge asked Wal -Mart to do. And in
order for us to have an objective look at these 2 items for 24 hours (store ) and the
alternate sites again I am requesting that we did get a different set of eyes to look at this
and which is a CEQA attorney specialist, who deals with these two items. Involved in
EIR I don't think that what I have read is on appropriate revised EIR for the Wal -Mart
developers... and in order for us to get an objective one. Let's go out there and get some
one who is objective who specializes in CEQA. And do it the right way this time. We
worked given the EIR in the state text. You know this is a perfect EIR, and it's going to
work. How ever we had some flaws in it. There's 2 items in it that the judge has (?
Aborted) so I am requesting that we put this public hearing ...Actually table this public
Taylor Errata: September 27, 2005
Page 23 of 25
hearing and not have it on December the 13th until we find a CEQA attorney who is
going to look at the EIR objectively. As we all are as residents can have a fair shot at
analyzing this?
Mayor: have you got a name for an attorney?
Councilman Nunez: We can look at one
Mayor: You gave a name one time before. I checked it and I didn't like it.
Councilman Tran: then it would suggest perhaps maybe then the city manager we could
actually get 3 city attorneys to come here to revise ( ?)
The CEQA objectively and the staff to look at this and come back to us and give us
somebody will look at this. You know this public hearing on Dec, 13th. We are not going
to have our city attorney, he retires Dec 1st.
Councilman Taylor: Mr. Tran, Mr Wallin is the city attorney handling the EIR process
and we are not going to stop it. We're going on the records as the state law requires. The
attorney the judge excuse me, the lawyer said you have 90 days to tell why we chose that
site. And as for as the 24 hours store goes that is a moot issue. The judge has accepted the
fact that Wal -Mart is not going to have a 24 hour store. The judge said go back and
correct the EIR and tell us why we chose that site because Edison has a piece of property
to sell. Wal -Mart has this right to buy that piece of property it's zoned C -3 commercial
for them, to build on it. And that is what the judge wants us to explain
Councilman Taylor: We already did it. It's all in the 5,000 page report. We have the
original EIR and we're not going to stop it.
Councilman Tran: And Dec 13th will eclipse the 90 days that the judge had ask us for. So
what's a few extra days.
Councilman Taylor: It ain't going to work John.
Councilman Tran: But to get and objective of a CEQA attorney to look at this.
Councilman Taylor: It ain't going to work John.
City attorney: Well, this is a non- agenda item for this evening.
Councilman Tran: I am requesting on the next agenda item. That we would consider
looking at getting a CEQA specialist to look at this EIR objectively
Councilman Taylor: Is that all that we have Mr. Mayor
Mayor: As far as I know.
Taylor Errata: September 27, 2005
Page 24 of 25
Councilman Tran: And the other thing was I know that Nancy had given us back the
material on the recall. And so it says here Jan 10 to Feb 13th. I would like to have placed
on the agenda that we have the election on Jan 10th, 2006. The recall election.
Councilman Taylor: Put it on.
City attorney: You next agenda will have the necessary resolutions to call this election.
The council at that time will decide the date.
Councilman Tran: I am requesting that the date be put on
City attorney: As I said that will be the decision of the council at the next mtg.
City attorney: you can select a date. Everybody can select a date. It's who ever you know,
the 3 members of the council can vote on the date of the election at this next mtg.
Councilman Tran: I'm sorry. I did ask for it and then Mr. Taylor said put it on. So.
Councilman Taylor: I have no problem with it John. It is going to be a 3 to 2 vote. It's
obvious you'rejust stalling for time.
(Audience: Mr. Brady:) Who's stalling here. Why can't you just decide the date. The
people said they want an election. Why can't you just pick the earliest possible date. And
get it over with.
Mayor: Why don't you sit there and let us
Councilman Taylor: Mr. Mayor
(Brady and audience unruly + shouting)
Mayor: This meeting is adjourned.
Taylor Errata: September 27, 2005
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