CC - 08-09-83APPROVED
CITY O ]ROSEMEAD
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
AUGUST 9, 1983 AT 8:00 P. M.
The Regular Meeting of the Rosemead City Council was
called to order by Mayor Cleveland at 8:05 p. m., in the
Council Chambers of City Hall, 8838.E. Valley Boulevard,
Rosemead, California.
The Pledge to the Flag was led.by Councilman Cichy.
The Invocation was delivered by Reverend Jim Kehrli.
ROLL CALL OF OFFICERS:
Present: Councilmen Cichy, Imperial, Taylor, Tury
and Mayor Cleveland
Absent: None
APPROVAL OF MINUTES: July 12, 1983 - Regular Meeting
MOTION BY COUNCILMAN TAYLOR, SECONDED.BY COUNCILMAN TURY
that the Minutes of the Council Meeting of July..12, 1983 be
approved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: July 26, 1983 - Regular.. Meeting
Councilman Taylor requested that the approval of the
July 26, 1983 Council minutes be deferred to later in the
meeting.
There being no objection, it was so ordered.
I. ORAL COMMUNICATIONS FROM THE AUDIENCE
A. Roy Burgeson, Immediate Past President of the Rosemead
Kiwaniis Club, expressed his appreciation on behalf of the club
for the cities support in their successful project, the Senior
Citizens Excercise Course, and he specially thanked Michael
Burbank, the Parks & Recreation Director and his fine staff
for the coordination and work that made this project possible.
He invited all to attend the project dedication on..Thursday,
August 11, 1983 at 11:30 a.m. at the Community Center.
B. Jack Prunk, 8471 E. Wells Street, owner of the pro-
perty at 8471-8481 Wells, stated that there was a problem on
that street. In the winter there is sand, debris and garbage
coming down the street, and in the summer time there is water
which leaves moss, algae and mosquitos in the gutters. He
stated that he has spoken to Mr. Wagner and to the Edison Co.,
and the only answer he receives is that they agree.that there
is a problem. He requested that something be done about that
problem.
Councilman Tury requested that a staff report be pre-
pared and placed on the next Agenda for the next Council
Meeting.
C. Hugh Foutz, Lt. Governor of the Kiwaniis Division
#10 in this region, reported that at the International Con-
vention in Vienna last month, Frank DiNoto, past 'president
of the Rosemead Club, past Lt..Governor, and Governor of
California, Hawaii and Nevada has now been elected the Vice-
president of Kiwaniis International, and that Rosemead was
prominently mentioned in all of the literature and discussion
regarding his election. He stated that Frank DiNoto has re-
mained loyal to this community over the years and has made
significant contributions to the initial beginnings of this
community. Mr. Foutz felt that it would be appropriate if
a plaque were presented to him expressing the City s appre-
ciation. 8-9-83
ciation. Page #1
D. Mark V.illalobos, 7821 Emerson, complained about the
response time of the Temple City Sheriff's Department and stated
that he had called them with a complaint and waited a half hour
and then called again and they did:not.show up.
Councilman Tury inquired what the complaint was.
Mr_.Villalobos stated that it was regarding a van with several
youth inside-that were apparently drunk and they were breaking
bottles in the street for about 45 minutes at 1:45 in the morning
when he first called the police and then he called again at 2:15.
Councilman Tury requested a report from the Sheriff's De-
partment regarding.that incident and be brought back to the
next Council Meeting.
Councilman Taylor requested a transcript of the call to
to Sheriff.'s Department as well as the report.
Lt. Johnston,stated.that he would meet with Mr.DeLouis
to get the details of the incident, and that he would follow
it up and inform the Council on its disposition.
E. Holly Knapp expressed her appreciation for being sent
the WeTip Convention in Anaheim, and that.it was a fine learning
experience. She requested that a luncheon be planned for WeTip
in this area, and stated that she and Deputy Baltazar are both
very willing to work on something like this. She mentioned that
she had tickets for a WeTip Benefit Dance at the Hollywood
Paladium, Saturday, August 20th and.anyone interested in at-
tending should contact her.
Jim Baltazar, Liaison between the Sheriff's Department
and the City of Rosemead, expressed his appreciation to the
Council for being allowed to attend the WeTip Convention in
Anaheim and also commented on the luncheon with the business
people in the area and he hoped•to.get some publicity from
the City Newsletter regarding the possibility of being an
informant.
Mayor Cleveland stated that after attending that con-
vention, he was very supportive.of.anything to do with WeTip.
F. Mayor Cleveland introduced some members of the
Rosemead Chamber of.Commerce, Joan Hunter, Rosemead Racquetball
Club, Dick Lindsey, Universal Savings, Willie McNeil, Chamber
President and Elias Carillo; Field Representative of Congress-
man Marty Martinez.
Elias Carillo stated that.he had recently been added to
Congressman Martinez's staff and just wanted to say hello and
that he would be coming back once.in awhile.
III. LEGISLATIVE
A. RESOLUTION NO. 83-33 - CLAIMS & DEMANDS (82-83)
RESOLUTION NO. 83-33
A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $330,255.41
NUMBERED 8648, 8649 & 8652/7211 THROUGH.7229 INCLUSIVELY
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that Resolution No. 83-33 be adopted. Vote resulted:.
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and.so ordered.
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B. RESOLUTION NO. 83-34 - CLAIMS & DEMANDS (83-84)
RESOLUTION NO. 83-34
A RESOLUTION OF THE-CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $165,438.85
NUMBERED 8643-8647/8650,8651, 8653-8657 & 7230 THROUGH 7358
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL
that Resolution No. 83-34 be adopted.. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Councilman Tury requested a staff evaluation on the infor-
mation garnered from the Window on Washington and wanted to
know what is being gained from the expenditure.
C. RESOLUTION NO. 83-35 - CITY COUNCIL APPROVING ISSUANCE
BY RRA OF $7,200,000, 1983 ALLOCATION NOTES & MAKING
CERTAIN DETERMINATIONS
RESOLUTION NO. 83-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, APPROVING THE.ISSUANCE BY THE ROSEMEAD
REDEVELOPMENT AGENCY OF ITS $7,200,000 PROJECT AREA #1
1983 TAX ALLOCATION NOTES & MAKING CERTAIN DETERMINATIONS
RELATING THERETO
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN.TURY
that Resolution No. 83-35 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so-ordered.
D. RESOLUTION NO. 83-3611 AMENDING RESOLUTION NO. 80-65
& COOPERATION AGREEMENT BETWEEN RRA & CITY OF ROSEMEAD
I
RESOLUTION NO. 83-36
A RESOLUTION OF THE.CITY COUNCIL OF THE CITY.OF ROSEMEAD
AMENDING RESOLUTION NO. 80-65 AND COOPERATION AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND THE RRA FOR THE IMPROVE-
MENT OF DEL MAR AVENUE BETWEEN GRAVES & HELLMAN AVENUES
i
MOTION BY COUNCILMAN TURY,1SECONDED BY.COUNCILMAN CICHY
that Resolution No. 83-36 be adopted. Vote resulted:
AYES: Councilmen Cichy, Imperial, Tury, and Mayor Cleveland
NAYES: Councilman Taylor
ABSENT: None
ABSTAIN: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
D. RESOLUTION NO.. 83-37 - MAKING CERTAIN FINDINGS AND
DETERMINATIONS FOR CAPITAL IMPROVEMENTS ON PINE
STREET & AUTHORIZING EXECUTION OF COPPERATION AGREEMENT
RESOLUTION-NO. 83-37
A REOOLUTION OF THE CITY COUNCIL.OF THE CITY.OF ROSEMEAD
MAKING CERTAIN FINDINGS & DETERMINATIONS WITH RESPECT TO
CAPITAL IMPROVEMENT PROJECT FOR THE BENEFIT OF PROJECT
AREA #1 & AUTHORIZING.THE EXECUTION.OF AN AGREEMENT `FOR
COOPERATION BETWEEN CITY OF ROSEMEAD AND THE RRA
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that Resolution No. 83-37 be adopted. Vote resulted:
UPON ROLL CALL.ALL COUNCILMEMBERS PRESENT VOTED.AYE.
The Mayor decared said motion duly carried and so.ordered.
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IV. CONSENT CALENDAR (CC-B, CC-D, & CC-G)
CC-A ACCEPTANCE OF ROCKHOLD STREET IMPROVEMENT PROJECT
CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
CONFERENCE IN SAN FRANCISCO, OCTOBER 175, 1983
CC-E REQUEST AUTHORIZATION TO REASSIGN(HELLMAN AVENUE PROJECT
TO GENTRY BROTHERS
CC-F SLOW PITCH UMPIRING SERVICES AGREEEMENT
CC-H ACCEPTANCE OF NEGATIVE DECLARATION ON STINGLE,FERN & RIVER
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that the foregoing Items on the Consent Calendar be approved.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-B AWARD OF BID--FENCING CONSTRUCTION FOR WALNUT GROVE SLOPE
Councilman Taylor requested a clarification on the boundaries
of the fence, and inquired what,the distance was from the fence on
the east side and the adjoining residence. It would be putting a
mini-park right next to a home.'i
Michael Burbank discussed the placement of the fence and
referred to exhibit "B" for more detail.
Councilman Taylor requested a response from the residents
adjacent to the fence.
Mr. Burbank stated that the house was vacant.
Councilman Taylor stated.that he was reluctant to find
young adults using it for relaxation, beer drinking or what-
ever, however, if it is used for a neighborhood park for the
neighbors to use it would be alright. He stated that he
felt.that it was an._isolated-park.and_that..it could cause a
problem.
Councilman Imperial inquired about the bid results and
the fact that the-low bidder had not been recommended.
i
Michael Burbank, Park & Recreation Director, stated that
the low bidder Ace Fence Company had not included the 1076 bid
bond which had been a requirement of bid instructions, and
therefore their bid had been invalidated.
Councilman Imperial inquired.if there had been a chance
to rectify this situation.
Robert Kress, City Attorney, stated that the State Law
does not allow you to waive this type of defect.
Councilman Imperial inquired if something had gone out
in the bid packages to inform the bidders of this requirement.
Mr. Burbank stated that it was, in the instructions to
the bidders that "Bids shall be accompanied with a certified
check or cashier's check, or a bidders bond for an amount not
less than 1076 of the bid", and also in the Notice Inviting
Bids.
MOTION BY.COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the bid be awarded to Crown Fence Company and the'fence
be brown metal slats and brown vinyl covering. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
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CC-D REQUEST FOR VACATION FOR CITY MANAGER--AUGUST 22-26, 1983
AND SEPTEMBER 1-9, 1983
Councilman Taylor stated that he approved of the City Manager
taking the vacation days, however, he questioned the item as far
as the 77 days accrued with the City. He was just surprised that
so many days had been accumulated and inquired if there were others
on the staff that had a good many vacation days accumulated.
Councilman Tury stated that these were unfunded liabilities
and it had been discussed previously about buying back some of
these days from some of the employees.
Councilman Taylor stated that he was in favor of buying
them back now, and also with the recommendation that there be
no more than 10 days carried over each year.
Councilman Tury stated that possibly this should be checked
into at Budget time or work on it at the next Council Meeting.
Councilman Taylor requested a report back on how many other
City employees are involved this situation.
Councilman Tury stated that he felt that the City should buy
some of these days back, and that twenty days of the accumulated
days be bought back from the City Manager's at this time and the
balance be resolved when the rest of.the employees time is being
considered.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR
that the City Manager's vacation request be granted and the
buy back of 20 days be approved. Vote resulted:
. UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-G EXECUTION OF SPORTS LIGHTING MAINTENANCE AGREEMENT
Councilman Tury inquired if this was the same company
that maintains the City Hall.
Michael Burbank, Parks & Recreation Director, stated that
it was not.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the Sports Lighting Maintenance Agreement be executed.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION
A. Frank G. Tripepi, City Manager, stated that the bad
news was that the State has decided to cut the subventions of
all cities including the "no property tax cities", if they
allow the deflator to kick in on October the 1st. Contract
Cities is making a concerted effort to get up to Sacramento
next week right after the Legislature convenes, and we are
attempting to set up a.meeting with Assemblywoman Sally Tanner
to make our position known at this point. Senator Montoya
sent his Chief Deputy from Sacramento to have a meeting with
the Cities in his district, and the flavor of that meeting
was so that Senator Montoya would see how his cities felt
about a 1% sales tax increase to make up the cost of the cuts.
Councilman Tury inquired when the Meeting would be held
in Sacramento?
Frank G. Tripepi, City Manager, stated that he`thought it
was scheduled August 15th and 16th, and inquired of.Councilman
Imperial, who is on the Legislative Committee,i:f those were the
dates given to him.'
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Councilman Imperial stated that they were Monday and Tuesday,
August 15 and 16, 1983, and stated with the Council's approval
he would try to make that meeting.in Sacramento.
Frank G. Tripepi, City Manager, stated that any member
of the Council who can,should. We would be asking for the
suspension of that deflator and for this City it is somewhere
around 3/4 of a million dollars.
B. Councilman Imperial stated that he had a couple of
itemslthat deal with the Parks & Recreation Department. He
stated that he is consistently getting complaints about the
rest rooms not being open at the parks. He stated that he has
been told by staff that they are available for use. He felt
that hose rest rooms regardless of the situation be available
to the people at the parks at all times that those parks are
in operation. He requested a:memorandum stating point by point
what the procedures are and what the parks hours of operation
are. I
Councilman Imperial stated that some time ago he had re-
quested benches near the snack bar in the Rosemead Park areas,
and he would like to have benches near the snack area where it
would Inot interfere with foot traffic and where someone could
sit down and enjoy whatever they buy,and eat there.
Michael Burbank, Parks & Recreation Director, stated that
there has been two picnic tables installed adjacent to the
snack bar slab and chained to the two adjacent trees about 15
feet from the snack bar.
Councilman Imperial stated that he mentioned benches be-
causelsometime people do not want to sit on a picnic table
when they don't know anyone else, however, they will sit next
to someone on a bench. If there is a possibility of installing
a couple of benches there, and leave the picnic table that would
be fine.
C. MODERN SERVICE PROPOSAL/COUNTERPROPOSAL
Councilman Taylor stated that he had received the Counter-
proposal from Modern Service, and commented on an additional item
that Modern had requested to be incorporated in the agreement
which states: Modern would like the contract to be amended to
provide that items such as dirt, sod, rocks, concrete or build-
ing and construction materials, no longer be picked up by Modern
Service. The weight of these items has now become prohibitive to
be picked up at the current residential rates. A customer will
be able to call Modern and request a special pick up.for which
there would be a separate billing to the customer. The exclusion
shall not apply to material from normal gardening activities.
Councilman Taylor stated that for two weeks in a row Modern had
left small chucks of concrete which were in a couple of kitchen
waste paper baskets. He did not understand why they were not
picked up so he weighed them as they may have been over the
weight limit. He weighed.them and they were 45 pounds, 55
pounds and one at 65 pounds, and he had requested that Frank
come out and he took pictures. The following week he cut up
a gate that was 4' X 5' squares down the middle so he ended
up with four pieces of 3/8 plywood on 2 X 4's which was dropped
into the trash bin and it was left in the parkway. If this is
the kind of thing he is going to do, then the residents have the
option to solicit private companies. Anything that Modern does
not want to pick up or charges extra for, clients should be
allowed to solicit bids on. There are several other items in
the Counterproposal that need to be clarified.
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. Councilman Taylor commented on a Rosemead resident who
had come to a Councilmeeting a few meetings ago, and had re-
ceived three estimates or proposals to put a rubbish bin on his
property for a construction job, but was not allowed to hire the
low bidder. He had to hire Modern Service even though the other
two bids were lower. Councilman Taylor stated that in the new
proposal by Modern Service they had requested that separate
charges be made by the Company for that type of service. Coun-
cilman Taylor felt that that was a monopoly, since the residents
can get competitive bids and lower prices, but they are not
allowed to use such services.
Councilman Taylor also inquired about the stipulation
of a 90 day grace period after the rate increase at the 1st
of October. He could not see it in the proposal.
Councilman Tury stated that it was in the City Attorney's
proposal to Modern Service. He felt that there was a pro-
blem with the counterproposal from Modern in that it did
not answer the revised proposal from the City. It was not
numbered correctly. He did not feel that this was in answer
to the proposal sent by the City Attorney. He stated that
the counterproposal from Modern was totally unacceptable.
Councilman Taylor inquired of the Council if they re-
called his statement at the last meeting "if Modern does
accept the proposal and the amendments and the contract
are not put into one form what do we do about it?" Do we
rescind the Contract?
Councilman Tury stated that in the City Attorney's pro-
posal, Item #10 states that "All previous agreements and
amendments as well as the foregoing terms and conditions
shall be prepared as a single franchise agreement which
shall be executed by both parties within 90 days from the
acceptance of this offer and shall govern for the duration
of the franchise unless amended by mutual consent of the
City and Modern. In the event that Modern refuses to
execute such an agreement within 90 days from its accept-
ance of this offer then the terms and conditions hereof
shall become null and void and shall not bind either party".
Councilman Taylor stated that he was in favor of re-
jecting the proposal now, however, he would like to have
a professional consultant brought into this for guidance.
He suggested the firm of Simpson and Simpson, who had pre-
pared an audit review for the City of Azusa about six weeks
ago.
Councilman Tury stated that he felt that the offer pre-
sented to Modern Service was a bottom line offer, and he has
chosen not to accept their offer. The City's offer is open
until September 6, 1983 if the City does not make a counter-
proposal. The 90 day grace period only comes into effect
if Modern accepts the City's proposal and has nothing to do
with the existing contract. Councilman Tury stated that if
there were no objections, he would suggest that the City
Attorney be instructed to send a letter to Modern stating
that the City Council rejected their counterproposal in total
and that the City's offer stands until September 6, 1983.
Councilman Imperial stated that he'certainly agrees that
the counterproposal is totally unacceptable, and he felt that
the City's proposal should stand until it runs out and then
that's it.
Mayor Cleveland stated that this controversy has been
going on for several years and in the last few months there
has been some agreement and if the Attorneys continue to ne-
gotiate, there should be a pretty good chance that they can
arrive at a compromise to the problem.
Councilman Imperial stated that there was nothing said
that Modern could not do anything at all even though the
City rejected their counterproposal. They can come back
with another proposal if they choose to do so.
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Page #7
Robert Kress, City Attorney, stated that he wanted the
Council to be aware that when he presented this offer, he
had told.Mr. Andrews that the counterproposal submitted by
the City Council was very-close to a bottom line. The pro-
posal that was received by the Council from Modern indicates
that Mr. Andrews and/or his client do not.believe that. He
felt that it was important that a motion be voted on to re-
ject this and at the same time, suggested that-'the`City's-
reasonable offer of the counterproposal be reasserted and
maintain that it is open for Modern's acceptance through
September 6, 1983.
Councilman Tury stated that if Modern Service should
accept the City's offer, Modern would not be tied down to
no more increases, however, now Modern Service will have
to give the City some financial information with his request
for rate increases so they can be justified.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that the City Attorney send.Modern Service a letter rejecting
their counterproposal and that the City's proposal will be
up-held until September 6, 1983. Vote resulted:
AYES: Councilman Imperial, Tury and Taylor
NAPES: Mayor Cleveland
ABSTAIN: Councilman Cichy
ABSENT: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN
IMPERIAL that the staff be directed to contact _the firm of
Simpson and Simpson so.that the City can.receive professional
guidance on how to run an audit.
-Amended Motion;.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY CONCILMAN
IMPERIAL that the staff be directed to contact the firm of
Simpson and Simpson and another firm to receive proposals-
to give professional guidance in. auditing procedures. Vote
resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT.VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
The-following Item was requested to.be verbatim
and starts on the next page.....:..
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Page #8
VERBATIM PORTION: COUNCILMAN TAYLOR/SHERIFF/CHP INCIDENT
Taylor: I had a little situation with the Sheriff's Dept.
over the week-end, last Saturday. I would like Mr. Tripepi
to give us some up-date on some information, but briefly I
will relate what happened. Last Saturday there was a traffic
incident involving the Sheriff's Department and the California
Highway Patrol in my neighborhood. There were ...from what I
understand now, approximately 18 officers involved. Mr. Tri-
pepi prior to the Meeting gave all the Councilmembers a report
from the Sheriff's Department which, I would have to say is
probably 20 pages long, and I haven't had a chance to read it
so I am not going to elaborate on it. But, anyway, last
Saturday while this activity was going on, I had walked down
the street to see what was going on and I walked down to the
sheriff's patrol car and I looked into the sheriff's car at
that time and the suspect was laying over on his side in the
back seat and he was not moving, nor did he move during my
talk with Deputy Keife who was in the front seat of the car.
Except that I was very concerned that talking with one of the
neighbors there of what happened. He appeared to be uncon-
scious, he didn't move, his eyes were closed during this time.
That was the extent of my observation at that time. I conse-
quently in talking with Deputy Keife, I am sure you will be
able to see when you read over it, when I identified myself
to Deputy Keife, I showed him my fireman pass card as far as
being a Councilmember so I have been here nine years. Deputy
Keife has been here for several years. He didn't know who to
the Hell I was, but that is the way it goes sometimes when
we are in these positions. But in talking with him I asked
what the incident was about, he told me it.was a CHP matter.
And I said if it happens in the City of Rosemead, I believe
that the Councilmembers are entitled to know what it is., and
I asked him again, can you tell me what happened in this in-
cident. He said it is a CHP matter. So I asked the Officer
the CHP Officer next to.the car there what happened and he
said it was a traffic stop. So with 18 deputies surrounding
two to three blocks up and down for 10 to 15 minutes, highway
patrol officers, sheriff's cars and such, it was a traffic
stop. Well, I had had enough there. I continued ...I just
headed back for home. And I raise the incident now, and
maybe they have the reply in this letter, but I want the
Council to be aware of what was going on. I had requested
some information from Mr. Tripepi. Of course I had included
the Sheriff's and Highway Patrol reports of what happened at
that time, a letter from Officer or.Lt. Mangan which we do
have tonight, a report on the suspect himself,and the number
of Sheriffs and CHPs that were involved, and I also asked
for a medical report on the suspect and a medical report on
the injured deputy. Frank called me this afternoon and said
that he was not able to get those medical reports so, Frank
I would like to ask you what you were told and what we can
do to correct the situation. The situation as far as getting
the medical reports..
Tripepi: My understanding of the.procedure for obtaining
the medical reports... first of all the reports, I guess, to
be given out by the hospital or the doctor to myself or to
someone who goes in and asks for it would be a violation of
the right of privacy act. The only time the report would
be obtained by station personnel themselves, by the station
I mean Temple Station, would be if the medical report would
be necessary as a evidentiary matter to be used in some
sort of proceeding or court hearing. And it can be obtained
Ibelieve in two ways. One by having the individual treated
sign a release with the hospital that they may release the
information to the insurance company or to the law enforce-
ment agency or to whomever, the second way I believe would
be to obtain a subpeona and those are the two steps that we
would go through or would.have to be gone through to obtain
this particular medical report. In speaking with the Watch
Commander late this afternoon, he indicated that there is
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a process that the department goes through when there is
any kind of force that must be use to make an arrest or to
detain a suspect. Maybe at this time, Lt. Johnston could
just elaborate on that procedure and indicate the interview
process that takes place.
Lt. Johnston: Mr. Mayor and members of the Council, this
incident that Councilman Taylor refers to-is a culmination
of a high speed aggravated pursuit occuring in the City of
Montebello going through areas of South San Gabriel, contin-
uing almost to Pico Rivera up through the County area past
Whittier Narrows Dam with speeds in excess of 110 miles an
hour on Rosemead Blvd., an attempt on two occassions by the
fleeing motorcycle driver to cause the pursuing CHP motor-
cycle officer to collide or be knocked off of his motorcycle
The incidences of violations relative to right of ways, wrong
directions on.the wrong.side of the street, violations of
red lights, violations of speed are very extensive in this.
Mr. Taylor will have later an opportunity to peruse and will
see that they are quite numerous. Once the California Highway
Patrol initiates pursuit, they contact the Agencies through
what area they are going to proceed as much as they can control
what direction they can go in. Pico Rivera Sheriff's station
and Temple Station were,,called on a line in•the same frequency
through the same board, although they are not on the same com-
munications frequency for the purposes of coordinating. The
Baldwin Park Officers of the Highway Patrol also responded.
In an effort to trap this individual, I suppose to continue
in the pursuit, pursuits lead too often to traffic accidents
involving innocent people. Temple was contacted through Pico
through the Highway Patrol. that the individual was enroute into
their area with speeds in excess of 100 miles per hour on a
motorcycle. Now, you can appreciate how maneuverable a motor-
cycle is, and what kind of containment might be necessary.
Especially since at one time he went in.2 directions: on Portrero
Grande,he even turned around and went in a different direction
on Arroyo Parkway, so it is quite a confusing thing.even as you
are running to the left you have to head him off to the right.
Anyway, the individual terminated his evasion through a self-
inflicted automobile accident. Wherein he lost control of his ,
motorcycle as he approached the westbound on-ramp to the #10
Freeway at Temple City Blvd., he did a rear-wheel':lock skid, hit
the curbing and proceeded to. catapult: through. the air in excess
of 40 feet. He was not wearing a helmet, he was not wearing
leather, he was not wearing any type of protective garments.
The motorcycle officer pursuing him then had to go to a point
of pursuit on foot. The suspect actually landed in the number
three lane of traffic, westbound #10 Freeway, the motorcycle
officer using prudence did not immediately rush out into the
center of the Freeway himself and attempted to intercept the
individual as he ran off the Freeway, however, he was not
successful. The man then scaled the wall and entered the
residential neighborhood on the north side of the Freeway
in proximity of Temple City Blvd. Responding units were ad-
vised of the location and the individual was now on foot.
Two responding Temple Sheriff's Deputies observed the indi-
vidual between houses. They proceeded to pursue him on foot
through houses. I think if anyone gives it any consideration
they will realize the hazards involved in that type of procedure.
However, they lost -sighttemporarily of the suspect. A plained
clothes officer who had seen the two officers initiating a foot
pursuit assumed rightfully so that they were in direct pursuit
of the suspect. So he proceeded by vehicle in a manner that he
would be able to intercept the suspect and in fact, he was suc-
cessful in doing that. Now, he is standing in civilian clothes
and the individual comes out between houses and he identifies
himself and orders the man to give it up,'well,, the.-mah- attempted
to run through the officer, and in doing that both the officer
and the suspect went to the ground. The officer conducted a
tackle on the fleeing suspect. Deputy Keife was the first
uniformed officer to now observe the plain clothes officer
and the suspect wrestling around on the ground. The suspect
CM 8-9-83 Page #10
• 0
obviously was attempting to get away from the plain clothes
officer. Deputy Keife responded to assist the officer.used
a application of baton to the elbows of the suspect, normally,
that gains compliance. Peoples arms will go slack if you are
hit on the elbow with a baton, however, one of the swings of
the baton also,hit the other officer, which is always a pro-
blem of multiple restraint. Deputy Keife's partner responded
as soon as he could at the time the handcuffs were actually
placed on the individual who was never up from the ground from
the initial contact of the plain clothes officer. At the time
the'handcuffs were actually.physically put on him there were
probably five or six officers in the immediate area. The
injuries to the person were as the result of this motorcycle
accident. There was no evidence of trauma on the person re-
lative to the use of any unusual force, need I not mention
choke holds, or any other trauma to the head as the use of
flash lights or batons, and in fact his condition of comotose
was the result of the accident and his attempt to flee and his
involvement in the resistence of his arrest. He was transported
in a sheriff's unit as the sheriff's had actually made the appre-
hension. The pursuing CHP Officer was late in his arrival at
the actual point of apprehension due to the fact that he was
trying to account for the motorcycle. The motorcycle was a
hazard to traffic. It was right at a on-ramp to a Freeway and
you can appreciate the position that was in. The motorcycle
officer who pursued the suspect certainly was not capable of
transporting this man to the hospital and that was one of our
first thoughts upon apprehension was seeking medical aid. So
the Temple Sheriff's unit proceeded to transport the individual
to the hospital. The units were aware that they were assisting
CHP in a pursuit-. The nature.of the pursuits and the confusion
with traffic and persons advising exactly where they were coming
from to where they are headed to in order to coordinate some
type of a net does not allow a full explanation regarding the
origin of the pursuit, and what was involved as far as crime
related to the pursuit. So as far as Deputy Keife's knowledge
concerning the incident, in fact whatever charges might be filed
on the suspect at that time, he did not have any independent
knowledge of it and it was not his decision because it was not
our arrest. Now, we have a policy whenever force is used by
members of Sheriff's department that that force is reported
to the Watch Commander on duty at that time at the first oppor-
tunity. Certainly Deputy' Keife doesn't go to the nearest house
and call.the Watch Commander so a period-of time elapses during
that period of time the individual went to the hospital. Deputy
Keife called the Watch Commander. The Watch Commander arranged
for the Patrol Sergeant to respond to the hospital to make his
observation relative to the injuries to the suspect. Following
that, and the Watch Sergeant had advised the Watch Commander
that the individual was not able to communicate at that early
hour in the evening that he was originally admitted to the
hospital. The Lt. requested an interview of the officers
involved, one.of Deputy Brittain who is the plain clothes officer,
Deputy Keife was the other originally responding unit for the
restraining of the suspect. Both statements were given to the
Lt. Mangan as far as what force they used including the appli-
cation of baton to the elbow of the suspect. At 6:17 in the
morning that very.day Lt. Mangan proceeded down to the jail
ward at USCMC at 6:17 that morning he was able to communicate
with the suspect. The purposes.of.his communications were
administrative, were relative to the force. Again, it is not
an investigation that is going to be conducted by the Sheriff's
department because it was not a criminal case that is going to
be filed with the Sheriff's Department. It is being filed by
the Highway Patrol. So his inquiry was relative to force. His
inquiries were relative to the man's injuries and included the
man's perception of the cause of his injuries. Because we must
investigate all incidences of force even before there is a.com-
plaint by the suspect. There was no complaint stated:by the sus-
pect to Lt. Mangan relative to unnecessary force on him at the
time of his apprehension. That is it. A little more lengthy
more so than I expected to be is the sum and substance of this
incident.
CM 8-9-83 Page #11
•
•
Mayor: Thank you Lt..Johnston.
Taylor: Mr. Mayor, a comment to Mr. Johnston. Who were the
two deputies that got there before Officer Keife'got to the
suspect?
Johnston: The two that were chasing through the houses?
Taylor: The two that got to.the suspect on. the asphalt pave-
ment before Officer Keife got, there. After the plain clothes
man had the man on the ground subdued. Who were.those two
deputies?
Johnston: The first two deputies to my information,that responded
to the plain clothes officer mere`Deputy Keife and Deputy Dalbis.
Taylor: I am going to demand that this be turned over to the
District Attorney's Office tomorrow morning, the Grand Jury, who
ever it takes. I saw the whole damn thing. My wife saw the whole
damn thing. So every word verbatim Mr. Mayor I am asking for it.
Mr. Johnston you don't know what happened. I.was outraged. God
help the Sheriff's Department when you have corrupt deputies. You
don't know about the two deputies that got there first. I saw
personally what happened. My wife saw personally what happened.
I am sorry, either' you were lied to or you.just don't know. It
is very disturbing. You have some good deputies. Who-looks out
for the good deputies? How do you get rid of corrupt deputies.
I don't give a damn what they do to me as far as they can...I am
looking forward to something. But there were two deputies that
were beating the holy hell out of that man. Take him to court
do what ever have to do. The guy deserves whatever he gets for
racing that motorcycle. Everything up to the point where the
deputies beat the holy hell out of the guy. What they did was
that they came along the corner two of them jumped out of the
car, the plain clothes man had...Frank you commented that the
man was 19 years old, 115 pounds something like that. I haven't
had a chance to read this, Frank told me this on the phone. We
saw that boy, that young adult, I don't care what we call him,
thrown to the ground by the plain clothes man, he came out from
between the houses on the southside across the sidewalk, your
deputy caught him on the northside. He didn't go through your
deputy. Keife was between me and.the deputy and.nobody else.
I live right on that corner. In Mangan report.he challenged
what I told him on the phone. And the.report bore out.what I
told him, the CHP car-was right behind me.. The car was there.
They beat the hell out of the guy. And I am sorry to use those
words because I'll tell you what they did to him. The two
deputies jumped out while the plain clothes man had him down,
one of them, and I'll describe what he did to him. Your detec-
tive was at the head of the suspect, the deputy jumped out of
the car with his back towards your plain clothes man in the
front set down, kneeled down.over the victim took his baton
with both hands straddled over the body and this is why the
medical report needs to be substantiated, he punched the living
hell out of his groin or his stomach, not once, not twice, not
three not five. I lost track of the number of times he beat the
hell out of that person laying there. He may be a criminal, I
am not defending a_criminal, I am talking about some lying
deputies. The man never moved. They picked him up and `drug
him to the car, and he was laying in the back seat of that car.
Imperial: Was he resisting arrest?
Taylor: No, at this time, Jay, now, keep in mind he.was injured
in a motorcycle accident. He scaled the wall off the freeway.
That's not a four foot wall. He ran up through the houses, up
to the residential areas. He was not limping, he was not hobbling
when he crossed that street. I saw your plain clothes detective
skid out across the street and run from right in front of me all
the way to the end of the street, 400 feet or so, tackle that
suspect, Keife. was right behind him. Where are the other two
deputies mentioned in this report? The one that sat on him,
kneeled over him and poked his baton from over his head straight
down into this person, the other deputy stood along side and
punched the hell out of the side of him. I lost track of the blows,
CM 8-9-83 Page.#12
because a sheriff's car pulled in between after that. I never
saw the person. get up at all. He was picked up by the Deputy
and I never saw him stand up at all. Now, take my word for it
and I would like my wife to stand up and:tell her side. If she
disagrees with what I am saying and she says my God, she turned
away. Hell, I want her to tell her side of it. I couldn't
believe what I was seeing, and it is just... it overwhelms me.
You were not informed... what can I say...who looks out for the
good deputies, who gets rid of the bad deputies.
Johnston.: That's always a problem..
Taylor: I saw the
setting. You were
like my wife to go
Attorney gets it a
Grand Jury. Where
Knudsen?
whole damn thing and that.is what is so up-
lied to.as far as I am concerned. I would
on record too, so that when:the District
ad the Sheriff's Office and possibly the
is Capt. Callas? Acting Commander is.Ed
Johnston: Captain Callas is the Acting Area Commander, Lt.
Knudsen is the acting station captain.
Taylor: Alright, I am sorry to get upset about it, but what I
saw all of you deputies get a dirty mark when.people see this
go on and the people in the neighborhood see.it. Pat, would
you care to express what you saw? I am sorry to do this to you,
but it has got to be documented. Not just for the bad Sheriffs
but for the good Sheriffs.
Pat Taylor: Basically, what I saw was the policeman going
around the neighborhood and I couldn't figure out what was
happening. And my five year old, we walked out in the front
and went down to the corner just as the suspect came out, and
we did see as I am walking down to the corner, the plain clothes
man did 'tackle him and I watched two deputies, I could not from
where I was at identify the two deputies, but there were two
deputies that got out-of the car and I.saw at least four or five
blows myself.with the baton.
Imperial: Excuse me, Mr. Mayor, being as this is going to be
documented shouldn't she give her name and address?
Pat Taylor: Pat Taylor, 9541 E. Marshall St., Rosemead.
Imperial: Thank you.
Pat Taylor: And my thought went.through.my mind I couldn't
watch it. It shocked me. Because I thought what did he.do.
They had him down. Really, my thought was.that they used
undue force. They didn't need it. The plain clothes man
was big enough to me that he had him down, the other two
deputies were not necessary, and,I did not.see.Deputy Keife.
over by the victim. He was standing on the side that I know
of „ and another deputy with.what I thought must have been
handcuffs or something. I just.looked away....Like I say it
shocked me.
Imperial: Pat I'll ask:you the same question.that I asked
Gary. Did you see any trouble going on between the police
officer and the individual laying on the ground to merit this?
Pat Taylor: The only thing I saw was that he had him down, I
saw his legs move, and I saw the deputy hitting at his leg area,
and then his legs went down.
Imperial: He was in.your opinion offering no resistence.
Pat Taylor: Well, his legs did kick up a.couple of times
Imperial: Natural reflex.
Taylor: Mr. Mayor I think something else has to be put into
this.report also. I would like and what can I possibly do to
try to be fair about it, if the person is guilty of whatever
CM 8-9-83 Page #13
I.
• •
he did,.take him to court, put in jail, whatever he has to do.
There is no excuse for this type of action. I would also like
put into this documentation the incident that happened three
or four months ago when my son was involved with a knife incident
at Naugles Restaurant and false reports were filed at-that time.
I challenge those reports, Captain Callas interviewedthe deputies
after that and they corrected the reports. Maybe it is a strong
term the documents, the reports were not filed properly, it had
to be exposed, and then they filed the proper reports. So this
is why I get upset. I've got some classmates, friends that are
on the Sheriff's department and friends on the..L.A. P..D. They
are friends, they are good people, there are good.cops, there's
rotten cops too, rotten sheriffs. One that comes.to mind is the
stuffing of phone calls of the incident in Monrovia, Duarte
whatever. Taking the law in-their own.hands. And I am sorry
Officer Johnston, it is not a direct, you weren't there. But
somebody gave you some bum information.
Imperial: Mr. Mayor; in view of what was said by the Lt., I
have a little trouble understanding how an individual which
had catapulted 40 feet was able to get up, run, jump over
some block wall fences assuming that's what they were.
Taylor: Excuse me, Jay, it was those soundwalls, they-are
six to eight feet high over the freeway.
Imperial: An eight foot soundwall, run-through a bunch of
houses, and finally get a little way from the freeway and
all of.a sudden just collapse.with no resistence for no
reason other than because he was injured way back over there
before he jumped the.soundwall.some way. _ I.have a little
problem with that. I'know in my mind it has happened.before.
I tried to fight the situation. Everytime I get a Police report
I look at that. I am seeing one side of it. I can hear some-
body hollering at.me at one end and the police officer telling
me what happened at the other end. I have always got mixed
emotions. In most cases, what do I do, who is right and who
is wrong. I think a very.important question has come up before
this Council tonight, and that question is the validity of some
of our police reports.. In 'view of this, I.don't want to go
around with this nagging feeling that.we-might have a problem,
and yet we are taking everything at face value. I am sure Mr.
Taylor doesn't in view of what he has seen and I am sure that
the rest of the Council would not.so I could certainly endorse
Mr. Taylor's request that this thing be pursued, investigated
at whatever level we.would have to investigate it outside the
department and get it resolved. There is no doubt in my mind
exactly what happened. Thank you.
Mayor: Thank you, Councilman Imperial. Is there any other
discussion?
The remaining portion of.the Council Minutes no longer
verbatim.continues on the next page.
CM 8-9-83
Page #14
APPROVAL OF MINUTES: July 26, 1983 - Regular Meeting
MOTION BY.COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL
that the Minutes of the July 26, 1983 Council Meeting be approved.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
VII. ORAL COMMUNICATIONS
A. Juan Nunez, 2704 Del Mar, commented on the trash.pick-up
and commented on the fact that building materials were not picked
up by Modern. He related the incident of the man who could not
choose the company which would pick up his debris from construc-
tion and then about another resident who could not take care of
his own trash. He stated that a few months ago Modern had sent
a notice to the residents stating that no building materials
would be picked up which would be a violation of. his agreement
with the City.
Juan Nunez,also inquired about what constitutes a nuisance.
He has been disturbed by the neighbors children.making loud
noises after 10:00 p.m. and loud music being played.
Councilman Imperial suggested that possibly the new public
relations officer could check out the problem and explain to
the people that they are disturbing the neighbors and request
their cooperation.
B. Holly Knapp stated that she felt that the WeTip and
the Neighborhood Watch program could be helpful to some of these
problems. She also added to her report on the WeTip Convention.
She commented that the City of Commerce was the only other City
that had an ad in the WeTip Brochure. She notified the Council
that there was going to be a WeTip Celebraty Golf Tournament,
October 24, 1983 at the Rio Hondo Country Club. She also stated
that there had been a suggestion made that WeTip be placed on
the Agenda of the League of California Cities Meeting on October
17 and 18, 1983.
There being no further business, the Council Meeting was
adjourned to August.23, 1983 at 8:00 p. m.
Respectfully submitted:
City Clerk
APPROVED:
MAYOR
CM 8-9-83
Page #15