CC - 06-14-83F:
4P APPROVED
CITY Of ROSEMEAD
DATE !n'ab'-~3
MINUTES OF THE REGULAR MEETING
OF THE ROSEMEAD CITY COUNCIL
JUNE 14, 1983 AT 8:00 P. M.
The Regular Meeting of the Rosemead City Council was called
to order by Mayor Cleveland at 8:00 p. m., in the Council Chambers
of City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Councilman Imperial.
The Invocation was delivered by Reverend Bill Fuller.
ROLL CALL OF OFFICERS:
Present: Councilmen Cichy, Imperial, Taylor, Tury and
Mayor Cleveland
Absent: None
APPROVAL OF MINUTES: May 24, 1983 - Regular Meeting
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TURY
that the Minutes of the Council Meeting of May 24, 1983 be ap-
proved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: May 31, 1983 - Adjourned Meeting
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the Minutes of the Council Meeting of May 31, 1983 be ap-
proved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
I. ORAL COMMUNICATIONS
A. Holly Knapp, 8367 Whitmore, encouraged the Council to
attend the WETIP Conference in Anaheim, from July 29-31, 1983.
She also requested that the City place an Ad in the brochure
which is made available at the Convention. She stated that a
full page ad would cost $200, and she mentioned that last year
a full page ad was taken.
MOTION BY COUNCILMAN TURY, SECONDED.BY COUNCILMAN IMPERIAL
that a full page ad be placed in the Convention brochure. Vote
resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR
that Mayor Cleveland be designated the representative from the
City at the WeTip Conference. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
B. Mrs. Van Savage, 3448 Eckhart, inquired about the
improvements on Eckhart. She stated that stakes had been
placed and inquired when the work would start and when the
work would be completed.
Torn Howard, Assistant City Engineer, stated that the pro-
ject is scheduled to start on the 5th of July, and it is anti-
cipated that it will take 75 days to complete. Those are pro-
perty line stakes with an off-set to the curb line.
Mr. Van Savage stated that he had been told that there
would be a letter forthcoming regarding the sidewalk and curb
line and he has not received it.
Mr. Howard stated that he would receive a letter.
CM 6-14-83
Page #1
PRESENTATION: Jim Butler
Mayor Cleveland presented a placque to Jim Butler for his
outstanding efforts and accomplishments in the City of Rosemead.
Frank G. Tripepi, City Manager, stated on behalf of the
staff it was certainly a pleasure having someone who had as much
interest in the community that he had in the past few years on
the many items that has come up, not only the development of
the building of Cal Fed.
Jim Butler expressed his appreciation for the placque and
to the members of the staff. He stated that it has been three
years of fun and pleasure, and he felt.that the Cal Fed building
is a fine edifice for the City of Rosemead, and Cal Fed is most
happy to be in the City of Rosemead.
Mayor Cleveland introduced the recipient of the Herb Hunter
award last Friday night at the Chamber of Commerce installation
dinner, Tom Phillips.
Rev. Tom Phillips expressed his appreciation and again
stated that he was a citizen in the best City, County and best
State in the whole world. He stated that he appreciates his
City Council and his Chamber of Commerce.
II. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ROSEMEAD
MUNICIPAL CODE RELATING TO FLAG LOT DEVELOPMENTS AND
THE NEGATIVE DECLARATION
Mayor Cleveland opened the Public Hearing and inquired if
there was anyone who would care to speak on this subject.
No one came forward, and the Public Hearing was closed.
A-1 ORDINANCE NO 560 - FLAG LOT DEVELOPMENT AMENDMENT
TO MUNICIPAL CODE
Councilman Taylor requested a clarification on page 4 on
the Lot Width which refers to Section 9102.36(01) and felt that
it should be checked for verification. He stated that on page
5, Section 4, stated that the street frontage access width may
be increased beyond those requirements contained within this
subpart, based on the recommendation of the City Engineer or
the Fire Department.
John Carmona, Planning Director, stated that if there were
five acres of which part is developed and someone has discovered
20,000 sq. ft. at the end and i.t:is desired to create three (3)
lots. In order to get back there, they have to go 400 or 500 feet
deep. A turn around may be needed in the middle of that 26 foot
driveway serving three lots. 33 or 34 foot turning radius may
be needed right in the middle of the driveway, or the Fire Depart-
ment may want to the 28 feet which is the next standard of a
driveway width that the Fire Department sometime recommend.
Councilman Taylor commented on page 6 Section 5(e) where it
calls for a total of 10 inches of pavement for the driveways for
more than two lot divisions, and he felt that was a commercial
highway. He felt that was a very stringent requirement.
Councilman Tury stated that one of the reasons for this
was for the trash trucks, and there have been many privately
owned streets that have been damaged by the trash trucks.
John Carmona stated that what the Commission has done is
merely stay consistent with requirements for R-3, Condominiums
and with their present policies as far as minor divisions.
Councilman Taylor stated that he had never poured more
than a 6 inch slab for the parking area in either commercial
or manufacturing developments, and didn't feel that this was
necessary on a maximum of 4 residential homes. CM 6-14-83
Page N2
Frank G. Tripepi, City Manager, stated that when the trash
trucks are loaded they are extremely heavy and they are not
allowed on the driveway because of this weight, the resident
will then be forced to sign up for the fork lift service which
is more expensive.
Councilman Imperial inquired if this thickness of the
driveway was a maximum.
John Carmona, Planning Director, stated that the thickness
was a minimum requirement. He suggested that this particular
point be reviewed by the City Engineers and if they feel that
something inbetween these two standards might be better for this
type of division, they can give their professional opinion on it.
It was suggested that the City Engineers study the driveway
thickness, and if they feel that a modification should be made
they can advise the Council before the next meeting.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the Negative Declaration be accepted and the Negative
Declaration be filed. Vote resulted:
AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland
NAYES: None
ABSTAIN: Councilman Taylor
ABSENT: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
ORDINANCE NO. 560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ESTABLISHING DEVELOPMENT STANDARDS FOR
"FLAG LOT" DEVELOPMENT
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that Ordinance No. 560 be introduced on its first reading and
the reading in full be waived. Vote resulted:
AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland
NAYES: None
ABSTAIN: Councilman Taylor
ABSENT: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
Councilman Tury stated that this motion was made with the
understanding that the Driveway thicknesses would be reviewed
by the Engineer and a memorandum would be brought back to the
Council before the final approval of the Ordinance.
B. PUBLIC HEARING TO CONSIDER
OF THE PLANNING COMMISSION
FOR BEER & WINE (OFF-SALE)
Mayor Cleveland stated that th
and inquired if there was anyone in
garding this subject.
AN APPEAL TO THE DECISION
REGARDING A CUP REQUESTED
AT 8625 E. GARVEY AVENUE.
Public Hearing was open
the audience to speak re-
No one came forward, and the Public Hearing was closed.
Councilman Tury inquired if the applicant was notified
that the hearing was tonight.
The City Clerk stated that all those on the list were
notified.
Councilman Tury stated that the store was very small,
and a lot of youngsters hang around there, and he did not
feel that it was needed and would not be to the betterment
of the community.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL
that the Planning Commissions decision be upheld and the appeal
be denied. Vote resulted:
CM 6-14-83
Page #3
•
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
C. PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENTS
ON LOMA & MUSCATEL
Mayor Cleveland opened the Public Hearing and inquired if
there was anyone in the audience who would care to speak regard-
ing this subject.
Hugh Foutz, City Treasurer, stated that he did receive a
phone call regarding a piece of property on Muscatel. The address
is 4303 Muscatel which is the Valentine property, and they wanted
it placed on the tax bill.
Frank G. Tripepi, City Manager, stated that it will-automa-
tically go on the tax bill.
Councilman Taylor inquired why that particular tax assess-
ment is twice as high as the others.
John Maulding stated that it was a very wide lot.
Councilman Tury stated that the Valentine's should contact
City Hall as there are various ways to pay this assessment.
Frank G. Tripepi, City Manager, stated that if they want
to pay this in several years then this property should be deleted
from this resolution.
The following Resolution was presented for adoption:
RESOLUTION NO. 83-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
CONFIRMING THE STREET SUPERINTENDENTS REPORT & ASSESSMENTS
THEREIN
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that Resolution No. 83-19 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Councilman Tury stated that his motion to adopt Resolution
No. 83-19 did not include the Valentine property and that staff
should contact the Valentine's in order to resolve their pro-
blems.
III. LEGISLATIVE
A. RESOLUTION NO.'83-22 - CLAIMS & DEMANDS
RESOLUTION NO. 83-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $347,359.43
NUMBERED 8588-8604 & 6682 THROUGH 6831 INCLUSIVELY
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that Resolution No. 83-22 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILM.EMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Councilman' Taylor questioned Warrant No. 6738, Manhattan
Life Insurance Company, and requested a memorandum regarding
the difference in premiums and why there is such a variance
in the cost.
Councilman Taylor inquired about Warrant No. 8602 to
Jack Nugent, and inquired if this was an assessment over-
payment of $855.62.
Frank G. Tripepi, City Manager, stated that was correct
and that Mr. Nugent had been asking for that refund for about
a year now, however, a check number was not logged in and he
could not produce a receipt. Recently he came in with that
receipt.
CM 6-14-83
Page N4
II-B Public Hearing Appeal to Decision on CUP--8625 Garvey
Councilman Tury stated that he would like to make a motion
to reconsider Item II-B.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR
that Item II-B be reconsidered. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the Public Hearing be reopened and be continued to the
next regular Council Meeting on June 28, 1983 at 8:00 p. m.
Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered. .
IV. CONSENT CALENDAR (CC-C, CC-D, CC-E, & CC-J & CC-K)
CC-A AWARD OF CONTRACT FOR BLOCK GRANT HOME IMPROVEMENT
PROJECT #7
CC-B
AWARD OF CONTRACT FOR STREET IMPROVEMENT ON WHITMORE,
CHARIETTE & EARLE
CC-F
APPROVAL OF ON SITE WATER SYSTEM & STORM DRAIN IMPROVE-
MENTS FOR TRACT #38455--1100 WALNUT GROVE
CC-G
APPROVAL OF ENGINEERING AGREEMENT FOR PROJECT "C"
FOR TRAFFIC SIGNAL MODIFICATIONS ON VALLEY AT
WALNUT GROVE, RIO HONDO & MISSION INTERSECTIONS
CC-H
AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
FORUM AT MONTEREY, JULY 20-22, 1983
CC-I
RENEWAL OF LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON--GUESS PARK
CC-L
ACCEPTANCE OF ROAD DEED, PERMIT TO ENTER, RIGHT OF WAY
AGREEMENT,DEL MAR PROJECT, PHASE II, PARCEL 1--LE ROY
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY
that
the foregoing Items on the Consent Calendar be approved.
Vote
resul
ted:
UPON
ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The
Mayor
declared said motion duly carried and so ordered.
CC-C
ACCEPTANCE OF DEL MAR STREET IMPROVEMENT PROJECT,
PHASE #1
Councilman Taylor stated that he wanted to register a "NO"
vote
as he
still was not.satisfied with cost over-runs on this item.
MOTIQN.BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN TURY
that The Del Mar Street Improvement Project, Phase #1 be ac-
cepted. Vote resulted:
AYES: Councilmen Cichy, Imperial, Tury and Mayor Cleveland
NAYES: Councilman Taylor
ABSTAIN: None
ABSENT: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
CC-K APPROVAL OF SPECIFICATIONS FOR CDBG HOME IMPROVEMENT
LOANS & AUTHORIZATION TO SEEK BIDS
Councilman Taylor stated that he had objections to this
particular loan program. He felt that there was much better usage
on the.Handyman Home Improvement Loans at $1500 instead of putting
out $30,000 or $40,000 for one owner.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that specifications for the (CDBG) Home Improvement Loans and
authorization to seek bids be approved. Vote resulted:
CM 6-14-83
Page #5
AYES: Councilmen
NAYES: Councilman
ABSTAIN: None
ABSENT: None
•
Cichy, Tury, Imperial, and Mayor Cleveland
Taylor
Whereupon the Mayor declared said motion duly carried and
so ordered.
Councilman Taylor requested that the record state that his
objections are not against either one of the residents of our
City, however, as he stated previously, he felt that between
these two loans, the City could probably help, maybe 40 to 50
other residents rather than tying up such a large amount for
two improvements.
CC-J 90-DAY EXTENSION FOR PARA TRANSIT AGREEMENT WITH MID
VALLEY MANPOWER CONSORTIUM
Councilman Tury stated that the Cities of San Gabriel and
Temple City have already initiated the approval process to deal
directly with the Yellow Cab Company of San Gabriel Valley.
He wondered why Rosemead is not looking into doing the same
thing.
Frank G. Tripepi, City Manager, stated that the staff did
look into doing that, however, the Attorney stated that it was
a violation of anti-trust and the Council would have to go out
for requests for proposals with the different cab companies.
The City cannot just select one. The City Attorneys in San
Gabriel and Temple City did not.feel that way. Staff has re-
quested a 90 day extension in order to work out a program.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY
that the 90 day extension for Para Transit agreement with Mid
Valley Manpower Consortium be approved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION & ACTION
A. SMALL BUSINESS ADMINISTRATION GRANT UNDER PARK RESTORATION
& URBAN REFORESTATION PROGRAM
Frank G. Tripepi, City Manager, stated that the application
for available monies under the SBA was received yesterday and
must be returned to the State by June 17, 1983. He stated that
this application must contain specifics,such as the companies
that will perform the work and costs involved in the various
elements that comprise the project.
Councilman Tury stated that although he does have some
reservations regarding this specific project, he felt that
the City should apply for the funds.. If it is decided to go
ahead with the project the funds will be available.
Councilman Taylor requested a memorandum stating the
reason why the application was so late in getting to the City:
$e felt that this may help as a follow up when dealing with '
the State or whomever we maybe dealing with. He felt that it
was disgusting to get such short notice since the program had
to have been established some time ago. Possibly dealing with
Mr. Hannaford we will get this type of information faster.
MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN TAYLOR
that the City apply for the SBA Grant in order to change the use
of this property to a vest pocket park, similar to Delta/Mission
or Klingerman Park. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CM 6-14-83
Page N6
9
B. Frank G. Tripepi, City Manager, stated that he was
informed by Joe Gonsalves, Legislative Advocate in Sacramento
that the Alcoholic Beverage Tax and the Highway Carrier Fee
and the Fallow money has been reinstated in both houses, and
the City of Rosemead is included in both of those budgets as
being reimbursed for monies that will add an additional $100,000
to the revenue picture in the preliminary budget which was given
to the Council a couple of weeks ago.
C. Councilman Tury stated that the reason that action was
not taken on the Walnut Grove and Klingerman item is because the
Agency will take a look at some relief for the residents in the
area.
D. Councilman Taylor stated that he had a couple of items.
One was regarding weed abatement at 9700 Olney, on the Temple
City off-ramp, and the weeds are approximately two feet high,
and he wondered why something can't be done.
Frank G. Tripepi, City Manager, stated that a status report
would be prepared for the Council on the action that has been
taken on that property to date.
Councilman Taylor inquired what was scheduled for the
Hellman improvements as far as the area from San Gabriel to
Walnut Grove. He stated that the Council acted upon that pro-
perty to put in curb and gutter improvements and the water
company protested it.
Frank G. Tripepi, City Manager, stated that is scheduled
in this year's batch of projects. He stated that he would get
an estimated starting date on that project.
Councilman Taylor stated that he wanted to know about the
drinking of beer at Rosemead Park. A squable is developing be-
tween the Rosemead School Board and the RYA regarding the beer
bottles that have been thrown on the school grounds and he re-
quested information from the Sheriff's Department regarding what
has been done this year as far as citations issued for drinking.
Several citations were issued last year and he requested the
number of citations issued this year.
Councilman Taylor stated that a couple of years ago the
Council took action to post signs prohibiting drinking on the
ball diamonds.
Michael Burbank stated that the signs are posted between
ball diamond in Rosemead Park and the rest room facility, snack
bar, east side of the pool and the west side of the pool.
Councilman Taylor requested four more signs posted in the
park and wired to the ball diamond screens, two diamonds in
the park and two diamonds in the school.
MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN TURY
that six signs be prepared, four for the Rosemead Park Ball
diamond and two for the Encinitas School Ball diamond, to be
attached to the diamond screens.and the school board be con-
tacted to put up their signs. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor requested that the,School Districts
be contacted and find out what response.they have had from
the Sheriff's Department and if they have requested that the
Sheriff's Department check the schools.
E. Bonnie Culbertson, Rosemead Chamber of Commerce,
expressed appreciation to the Mayor for the outstanding job
he did at the Installation Dinner. He prepared a photo pre-
sentation on the incoming President, Willie McNeil, that was
most unusual and delightful. She then introduced Mr. Willie
McNeil to the audience.
CM 6-14-83
Page N7
•
Mr. McNeil also expressed his appreciation to the Mayor
for the outstanding photo presentation and stated that he did
enjoy it. He stated that it was a real honor to be President
of the Rosemead Chamber of Commerce and he hoped that he would
do a good job.
Mayor Cleveland stated that the Council would recess to
an Executive Session.
Councilman Taylor inquired if the Executive Session per-
tained to the Trash Contract.
Mayor Cleveland stated that it was.
Councilman Taylor: I honestly have to say that I can't and
I won't participate in it. Does that pertain to the eight pro-
posals that we are going to submit to Modern?
Mayor: I think that is the number, isn't, Pete?
Councilman Taylor: I feel that those are legitimate amend-
ments to the Contract and I can't justify Executive Session for
it. So you can go ahead and have it, but I am going to protest
it.
Frank Tripepi: Ask the Attorney for clarification. Gary I
only do this to clarify this in everyone's mind. That is,there
is a law suit that has been filed and this item is presently
under litigation. Is that why the amendments would be considered
an Executive Session? Mr. Wallin, they are proposed as a settle-
ment to that suit.
Peter Wallin: For the purpose of discussing a settlement
of a suit.
Councilman Imperial: As an elected official, I can cer-
tainly respect the wishes of a fellow Councilman, but I realize,
like the rest of the Council realizes, that we: are in litigation
not brought on by us but by Modern Service. I think that this
necessitates a need for Executive Session. I think we should
get it under way.
Councilman Taylor: Mr. Mayor, an Executive Session per-
taining to the litigation is fine. This is cut and dried to
me. It is a proposal of eight items for Contract Amendments.
If the contractor filed a law suit to...and it hasn't been
heard yet what the "issues"are. It almost makes me feel that
it is subterfuge to file a law suit to pull this out of the
public's eye. We are not going to discuss the rate increases.
He was just given a rate increase three months ago and now we
are coming back with a pretty good size increase. The other
items in:!,here. are contract items. I don't see how they are
specifically tied into the law suit as such. I feel that they
are public information. It is a public contract and it should
be discussed in public. It lists eight items for contract amend-
ments.
Councilman Tury: Mr. Mayor, as we have in the past, this
is a counter proposal, any action taken, any formal action taken
on any amendment on that Contract will end right here at this
table. This is simply a means of trying to resolve the litiga-
tion. Nothing more and nothing less. Any action taken in the
Executive Session is only ...we don't take any action back there,
Gary, you know that as well as I do. Any action is taken out
here.
Councilman Taylor: Then we shouldn't be there.
Councilman Tury: This is simply a discussion of a proposal
that we may or may not make to Modern Service to settle the liti-
gation. If the majority of the people decide that this is good,
we will come out here and we will make that decision. The deci-
sion will not be made back there. It will be discussed back in
relationship to what has been offered by Modern in relationship
to what areas of the law suit it may or may not settle. CM 6-14-83
Page 8
w ~
Continuation of Tury: I can agree with you with having the de-.
cision made out here. There is no question about that. We have
study sessions on virtually everything. We have Executive Ses-
sions that maybe we stretch sometimes, but how can you talk
about a counter-proposal, the terms of a counter-proposal when
you are sitting out here with a formal audience. You sit back
there and you thrash it out and when you get done, you have
something that three people can live with. You come back out
here and vote on it, and the vote is public record and you will
know who voted for it and who didn't vote for it.
Councilman Taylor: Mr. Mayor, I have to disagree in the
sense that this item, the nitty gritty of it, whether we do it
at a Study Session, i and we have covered these every single
item in here as been covered in our discussion in our study
sessions and I feel very confident that we have hashed this
out in the last year and it should be in the public area and
I just participate knowing what we are going to do. This will
be submitted back to Modern and then his proposal is that under
the confidential light also. Does the public know what he is
proposing? Does the public actually know or is that considered
Confidential?
Councilman Tury: I don't think that is Confidential, that
is just a memo.
Councilman Taylor: That's fine. I agree. Mr. Wallin
needs to answer if he permits a public document that is for the
public information, can we in turn discuss that in private?
Wallin: You can discuss the pending litigation and amend-
ments to the Contract, proposed amendments to the Contract, how-
ever, as Mr. Tury points out, if you get to.;the point that you
are considering a proposal and you act on a proposal the amend-
ments to agreement are discussed publically. The formal action
to amend the agreement would have to be done through public forum.
I think we are at that stage right now. We are talking about con-
sidering their counter proposal for settlement and making a pro-
posal of-our own. Any proposal that would be made would be con-
tingent on approval of the amendments and at that time it would
be public.
Councilman Taylor: What ever that issue is in the law suit
as such, when they are addressing every issue of the total con-
tract amendment, and I don't believe every one of those are en-
titled to be in that law suit. It is cut and dry. We are taking
the entire request and.grouping it all together and taking it
back to discuss it. The law suit is very specific. We have
included everything as being confidential matter. I can't go
for that, but let me read you something in the paper last night.
pertaining to the City Council of Azusa. "The Azusa City Council
has voted against an 8% trash hauling increase for Western Dis-
posal Company. The increase scheduled to go into effect July 1st,
would have raised most residential rates from $3.59 to $3.88 a
month. Now, this San Gabriel Valley is limited in their disposal
sites. This proposal is to raise it to $6.00 a month, and we
have been denied access to any information justifying these cost
increases. It has been stated that the rates that have been
paid by the City of Rosemead are, if not in the middle, towards
the upper rate, which I think is fair. As far as, acting on
this particular rate increase, as I stated three months ago,
there was the contract rate increase. If Modern Service will
not provide us with the information, Mr. Tripepi had asked for
some back-up information to verify costs from Modern Service.
Did you ever get that, Mr. Tripepi?
Tripepi: No, sir, we have not received any accounting
data that was asked for.o:ther than some accounting. This basic-
ally comes from his own accountant, and those are just figures.....
Councilman Taylor: How can the City of Azusa have a rate
that is two-dollars less than us or we are paying 50% more than
their rate? There is just too much difference for us to take
the whole contract and go back there and discuss it, and nobody
can even research it because it is under the cloud or the cover.
Well we are in a law suit and we can't discuss it. CM 6-14-83
Page N9
• 0
Continuation of Taylor: I can't go along with that so the Council
is welcome to do whatever they want to.
Councilman Tury: I think at one time, when I was Mayor the
first time, we tried to negotiate with Mr. Griegorian here at
this meeting. I think that everyone sitting here on this Council
can agree that that night was a total disaster. It cannot be
done that way. You have to take a proposal ...no one is being
secretive..you talk about Azusa, how about E1 Monte where they're
paying $6.75 a month. We could all take our own little special
rates that we find in the paper or that we see and justify some-
thing. I think what we are trying to resolve here is, is there
a way out of the lawsuit where we can all win and the City can
be..get out of the lawsuit and this has been going on for four
years. I don't know about anyone else, but I am really tired
of it. I have taken the brunt of a whole lot of this because
I have served as Mayor twice now.and there has to be a way of
resolving this, Gary. I am not sure after talking to Mr. Kress
that really court is resolve it or if the judge is going to tell
the parties get back to together and resolve their differences.
Councilman Imperial: I can remember well the night that
Mr. Tury was the Mayor that we faced Mr. Griegorian on a contract
for Modern Service. I think that was a totally, totally disgust-
ing thing that he did that night, for lack of a better word.
When I think about it I get mad. I don't think.that you can
discuss that or anything with him. I am being very honest with
you. I don't see any problems with an Executive Session at this
time. I'll be able to go out there in the street tomorrow morn-
ing and look the people straight in the eye like I do right now
feeling that I did nothing wrong, yet I didn't telegraph my
punches to Griegorian or his attorney when we are in litigation.
I don't feel that this City at taxpayers expense should give the
upper hand to Mr. Griegorian on a contract or anything else. I
think that if we have got something to discuss in Executive Ses-
sion, where we are not making any decisions, where we come out
here and tell the people what we talk about, I have no problems
with that and I am prepared to go in that session.
Councilman Taylor:
Imperial's integrity, I
we the total picture as
discussed publically an
their integrity, either
you any further. So go
on it.
I am not questioning Mr. Tury's or Mr.
am simply stating that I don't believe
far as what under the Brown Act to be
i what is not. I am not questioning
one of them,.so I don't want to delay
ahead and have your executive session
Recessed to Executive Session.
The Council reconvened from Executive Session.
Peter Wallin: During the Executive Session, I advised the
Council that because I am not familiar with the litigation and the
regular City Attorney is out of town, that it would probably be
best for him to provide a memorandum to the Council on the pend-
ing litigation and the proposed settlements. I do want to point
out that the offer that has been received from Mr. Griegorian is
not of public record, it is a record of pending litigation and
it is appropriate to discuss that proposal and counter-proposal
in Executive Session, but because I am not familiar with the
details of the litigation, it was my recommendation that we defer
the matter.
Councilman Taylor requested that his comments and Mr. Wallin's
be put in the minutes verbatim so that there is no misunderstanding
of what was said.
The Council Meeting was adjourned to June 18, 1983 at 9:00 a.m.
for a Budget Session.
Respectfully submitted,
APP OVED: ity er
1.4 CM 6-14-83
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