CC - Item 9B - City Council Meeting Minutes■ A 1
CITY COUNCIE
1
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE Fus, S, A.
DATE: FEBRUARY 8, 2011
SUBJECT: CITY COUNCIL MEETING MINUTES
SUMMARY
At the January 25, 2011, regular City Council meeting, various sets of minutes were discussed
for approval. The September 27, 2005 City Council minutes and the December 5, 2005 minutes
were deferred for further review. After the January 25' meeting more research was conducted
and it was discovered that these two sets of minutes were approved by City Council on
September 12, 2006 (Attachment A — Page 9) to include Mr. Taylor's errata minutes; however,
both sets were not executed by the Mayor or the City Clerk.
In addition, Mayor Taylor has provided certified copies of the December 13, 2005 minutes and
the September 7, 2004 minutes taken by a court reporter hired at that time by the City. The
December 13, 2005 court reporter's minutes were approved by Council on March 28, 2006
(Attachment B — Page 1) and the September 7, 2004 court reporter's minutes were approved by
Council on January 25, 2005 (Attachment C — Page 1); however, they were not executed by the
Mayor or the City Clerk.
Staff Recommendation:
That the City Council:
1. Approve that the Mayor and the City Clerk signed the September 27, 2005
(Attachment D) City Council minutes and the December 5, 2005 (Attachment E) City
Council and include Mr. Taylor's errata minutes, as previously approved; and
Approve that the Mayor and the City Clerk signed the September 7, 2004
(Attachment F) City Council court reporter's minutes and December 13, 2005
(Attachment G) City Council court reporter's minutes
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ITEM NUMBER: b
City Council Meeting
January 25, 2011
Pane 2 of 2
Prepared
by:
GLORIA MOLLEDA
CITY CLERK
Attachment A:
September 12, 2006 signed Minutes
Attachment B:
March 28, 2006 signed Minutes
Attachment C:
January 25, 2005 signed Minutes
Attachment D:
September 27, 2005 Minutes (need to be executed)
Attachment E:
December 5, 2005 Minutes (need to be executed)
Attachment F:
September 7, 2004 court reporter's minutes (need to be executed)
Attachment G:
December 13, 2005 court reporter's minutes (need to be executed)
Ll
MINUTES OT THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
September 12, 2006
The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:00
pm in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was lid by Councilmember Clark.
The Invocation was delivered by Pastor Frank Contreras, Open Bible Church
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Imperial, Tran, Mayor Pro
Tern Nunez and Mayor Taylor
Absent: None
COMMENTS FROM THE CITY ATTORNEY (Verbatim)
"I wanted to update both the audience and the City Council on the present status of
pending litigation regarding the WalMart development. Today, it was scheduled for
today, a hearing on Garvey School District's lawsuit to challenge the Council's approval
of WalMart. The Court on its own motion continued that until the 21 and the Garvey
School district called this morning, or their attorney called, and indicated that he would
be going into court tomorrow to seek a temporary restraining order in hopes of enjoining
the opening of the store until the September 21 hearing. So we will be in court
tomorrow and the 21" in response to that motion for the injunction, The WalMart
development is close to being completed. Having completed everything we need to
obtain a certificate of occupancy; however, they probably won't be eligible to get one at
least before Thursday, but we do anticipate that everything will be completed and they
will be entitled to a certificate of occupancy by the end of the week and before the 21 St. If
that is true, if they do complete all that stuff, the certificate of occupancy will be issued
and they will be able to open by the end of the week."
"There is nothing on tonight's agenda involving the WalMart or its opening. Any
member of the Council, if the Council wants to discuss this or give instruction to staff or
anything like that, it will require four votes to put it on as an urgency item. Other than
that it is not a matter to be considered by the Council tonight."
1. PUBLIC COMMENT FROM THE AUDIENCE
Marissa Castro - Salvati, Southern California Edison Local Public Affairs Region
Manager, introduced herself as the new representative for Rosemead and gave her
background information.
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ATTACHMENT A
i
Christine Otero, Coalition for Smoke Free Rosemead Parks, presented the Council with a
certificate of appreciation
At the request of Ms. Navarro the ' Ifollowing section is VERBATIM:
V. A. Navarro: Thank you. I have several questions that I would like the Mayor and Mr.
imperial to answer, since you have advocated having Wal -Mart in our community. I
would like to know how soon will Wal -Mart open? I got the date here that you said on
the 21; I heard that it will be opened tomorrow.
Mayor: I understand that they will try to open tomorrow and I don't know any more than
that. 1
City Attomey: [just reported on that, did you hear me?
V. A. Navarro: Yes, I said September the 21st.
City Attorney: I said, it will be towards the end of this week.
V. A. Navarro: Yeah, I heard that they will open on the 1P.
City Attorney: That isn't...
V.A. Navarro: Ok. The next question is my understanding was that Rice Elementary
School was going to have a sound wall and trees surround them to help eliminate the
pollution that Wal -Mart will create for our children there and as yet I haven't seen one
there. And I would like to know when Wal -Mart will put it. Wal -Mart is ready to open
and Rice Elementary School is opened already. Our kids don't mean anything to Wal-
Mart or to you two gentlemen?
Mayor: Alright, I don't have the answer. Mr. Johnson, was that wall ever in the plan or
proposed to be there?
Mr. Johnson: There was never a wall proposal around the school in the plan. No.
V. A. Navarro: That was my understanding at the meeting in Rosemead that..
City Attorney: The sound wall that wraps around the north side, is a sound wall that
prevents sound from the ...truck loading operations.
V. A. Navarro: Right, I can see that and I understand that. But my understanding was
that Rice Elementary School is going to get a wall and trees and since Wal -Mart put their
supermart there and the Mayor and Imperial passed this to be there, I think you two
should be responsible and make sure that the children are safe and they have their green
trees there to help subside the pollution that will be there. And then, you know, I am
really impressed with the. I have lived in Rosemead for like 33, 34 years. I am really
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impressed with the great improvements that you two Councilmembers have passed.
Between you two, it is approximately 58, 60 years of services to our city. And there's is a
lot of replacements of businesses that have been put, like, Montgomery Ward; we have
Target. I really haven't seen very many new things that have gone up other than to
replace one business for another. So I guess if that is progress in Rosemead that you
gentlemen passed. Then I am happy for you two.
Mayor: Alright.
V. A. Navarro: O. K. Next, I would like to know as soon as Wal -Mart is open, how soon
will the city know how much revenue has Wal -Mart put into our city not to anyone's
pocket.
Mayor: We won't know until they have their ...it's based on annual sales. We won't
know for that for a year.
V. A. Navarro: O.K., and there is on at Rush and Walnut Grove, caddy corner from the, I
am not too certain about the name of the bank that's there. There is a little empty lot that
you have left us for maybe a park for the kids, area for the seniors to walk. What do you
propose to do there?
Mayor: That's owned by the Edison Corporation and we are not involved with that.
V. A. Navarro: You are not involved with that, huh? O.K. So is there any future plans for
land for may be available for Rosemead that will be put up for parks, senior citizen
recreation, a new police station. Since Wal -Mart is going to come in, we should be able,
possibly after a year, we should be able to have our own police station.
Mayor: Excuse me, have you been down on Garvey and seen the new sheriff s annex that
was...
V. A. Navarro: No, I have not been out there.
Mayor: Maybe you should go down, because it is very nice building and the Temple City
Sheriff Station uses that to service Rosemead. So you..
V. A. Navarro: Is that the little substation that you are referring to?
Mayor: Yes.
V. A. Navarro: I have seen it for years, I just don't
Mayor: No, no, it just opened a month ago.
V. A. Navarro: Oh, It just opened? Then I apologize for that one:
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C 7
Mayor: You should go down and look at it.
Councilmember Imperial: (Inaudible)
V.A. Navarro: Pardon?
Councilmember Imperial: It is Zappopan Center that we're talking about and it has been
reconverted, and it is very nice building.
V. A. Navarro: Oh ok. I should go visit tomorrow. Anyway, ironically, I see you two
gentlemen you made Rosemead an unhealthy poor city and that is really sad; really sad.
Mayor: Alright ... thank you for your comments.
END VERBATIM SEC'T'ION
Dr. Lillian Sacco, residing at 3220 Walnut Grove Avenue, addressed Councilmember
Clark as the last member standing from a Council that voted to let Wa1Mart come in to
Rosemead and that she would be removed from all her committees. Mayor Taylor
reminded Councilmember Clark that he faced the same accusations 32 years before and
he was still on Council.
Holly Knapp, residing at 8367 E. Whitmore Street, gave appreciation to Parks &
Recreation for their support of "People for People" at the senior center.
Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, spoke about the
Council's obligation to protect Rosemead residents. Ms. Shinen's concern is dealing
with the barrier intended to minimize construction noise from the WaiMart site.
Fred Herrera, residing at 3879 N. Delta Avenue, believes that the majority of Rosemead
residents support the Wa1Mart project and thanks the Council for bringing it into the City
and doing what is best for the community. He would like to move beyond this issue and
allow the community to start its healing process.
Juan Nunez, residing at 2702 Del Mar Avenue, would like to remind the Council that no
matter what the upcoming election results show they should not feel that an increase in
salary or pensions should take place.
David Zavala, investor in Casa Latina, was called to speak, but he asked to speak later on
in the Agenda during discussion about Casa Latina.
Alejandro Gandara, Rosemead resident, addressed illegal prayer at the opening of the
meeting. He attends meetings for the business of the City and not for a church service.
Sectarian prayer is illegal and would like it taken care of City Attorney Wallin assured
Mr. Gandara that the ministers involved in the invocation process are made aware of
what the law allows.
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E
Linda Lu, residing at 8437 Marshall, (asked Mr. Mark Ostioch from the audience to read
her letter into the record requesting a stop sign) The neighborhood problem is being
caused by speeding cars in their residential area. The stop sign is being requested on
Marshall.
Jim Flournoy, Rosemead resident, addressed a Public Records Act request for a copy of a
report regarding fault zones has not been provided to him. A Seismic Hazard Mapping
Act report was also asked for and not provided. He indicated that both reports must be
provided so that their reviewers have time to look them over.
Mayor Taylor addressed Mrs. Shinen's comments from earlier by informing that he had
written a letter to Assembly member Judy Chu regarding the WalMart block wall. He
read a portion of the letter which said "to help mitigate noise emanating from the site
during construction WalMart erected a temporary 14 foot high padded noise blanket
along Delta Avenue adjacent to the closest homes in the area. This special padded fence
was not originally required by the CUP or the conditions of approval or the monitoring
mitigation plan yet WalMart erected the fence as soon as construction began. This
temporary sound wall has now been replaced with a permanent masonry structure
designated to mitigate noise emanating from the site. The structure consists of the back
of the WalMart building which is 25 feet high and two 14 foot high screen walls that
extend around on both sides to muffle noise from the truck docks. Going firther, at the
November 24, 2003 scoping meeting on page 72 meeting minutes which states there will
be a 30 foot wide landscaped area at the west side of the building. There is also a site
plan dated April the 14, 2004 drawn up after the scoping meeting showing the entire west
side of the building and the wing walls at the north and south ends of the building. All
walls on the west side of the building are in a 32 foot alignment from the west property
lines. On August the 5, 2004 Los Angeles County Supervisor Gloria Molina conducted a
meeting in Rosemead and a slide presentation presented by the City staff showed all
structural walls in alignment and a 32 foot landscaped area. The same slide presentation
shown at Supervisor Molina's meeting was shown at the public hearing for the Planning
Commission on August 16, 2004 and the City Council hearing on September 7, 2004.
The referendum petitions circulated by Save Our Community against WalMart during the
springtime of 2005 shows the site plan dated July 24, 2004 with the 32 foot setback of the
entire west side, the block walls. There's no documentation that the wall was ever to be
back there and Mr. Johnson is correct there was never the intent because all documents
begin with the scoping meeting three years ago didn't show it." Mrs. Shinen and Mayor
Taylor went on to discuss photos and video that each claim to have on the WalMart site
throughout the construction project.
Ken Pike, residing at 9220 Steele Street, objects to the expense the City is being put
through.
Councilmember Clark requests the City Engineer to give a report on the boring.
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1.1
City Engineer indicated that the geotechnical investigation reports do not fall under the
realm of his responsibility or expertise. He stated that numerous reports were prepared
and reviewed and then forwarded to the state's geologist's office. Southern California
Edison is who monitors these reports.
2. CONSENT CALENDAR
The following routine items were put forth before the City Council.
A. Resolution No. 2006 -23 Claims and Demands
Recommendation: Adopt Resolution No. 2006 -23, for payment of City
expenditures in the amount of $1,629,704.19 demands 54292 through 54515.
Motion by Councilmember Tran, second by Mayor Pro -Tem Nunez that the
Council approve the Claims and Demands. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
B. Minutes
Mayor Taylor requests that the minutes be considered separately for minor
correction recommendations.
July 12, 2005 —Regular Meeting
Juan Nunez, residing at 2702 Del Mar Avenue, wanted the July 12, 2005 minutes
show that he is opposed to the funding of Item CC -B.
Motion by Councilmember Tran, second by Mayor Pro-Tern Nunez that the
Council approve the Minutes of July 12, 2005. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
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December 16, 2005 — Special Meeting
Motion by Councilmember Tran, second by Mayor Pro -Tem Nunez that the
Council approve the Minutes of December 16, 2005. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
February 14, 2006 — Regular Meeting
February 28, 2006 — Regular Meeting
April 25, 2006 —Regular Meeting
June 6, 2006 — Special Meeting
Motion by Councilmember Tran, second by Mayor Pro -Tem Nufiez that the
Council approve the Minutes of February 14, 2006, February 28, 2006, April 25,
2006, and June 6, 2006. Vote resulted:
Yes:
Clark, Imperial, Nuiiez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
March 28, 2006 — Regular Meeting
Councilmember Clark had minor change recommendations to page 11.
Motion by Mayor Pro Tern Nunez, second by Councilmember Tran that the
Council approve the Minutes of March 28, 2006 with the recommended changes
by Councilmember Clark. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
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June 27, 2006 — Regular Meeting
Mayor Taylor clarified that his errata notes dated July 11, 2006 were misdated and
included five sentences worth of verbatim notes for the June 27, 2006 minutes.
He asked that the changes be applied to the appropriate dates and incorporated
into the minutes. Mayor Pro Tem Nunez stated for the record that his no vote was
due to a flawed procedure when handling minutes.
Motion by Mayor Taylor, second by Councilmember Clark that the Council
approve the Minutes of June 27, 2006. Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Absent: None
Abstain: None
Mayor Taylor declared said motion duly carried and so ordered.
C. Minutes with Errata
Motion by Mayor Pro Tern Nunez, second by Councilmember Tran that the
minutes of September 27, 2005, December 5, 2005 and July 11, 2006 be accepted
as the City Clerk submitted. Vote resulted:
Yes: Nunez, Tran
No: Clark, Imperial, Taylor
Absent: None
Abstain: None
Mayor Taylor declared said motion defeated.
July 11, 2006 — Regular Meeting
Mayor Taylor requested that the five sentences from his errata sheets be inserted
into the minutes for documentation of receiving twenty -seven 8 x 10 photographs
the evening of the Council meeting.
Motion by Mayor Taylor, second by Councilmember Clark that the Council
approve the Minutes of July 11 2606 with the recommended add in of errata
sheet changes. Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Absent: None
Abstain: None
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11
Mayor Taylor declared said motion duly carried and so ordered.
September 27, 2005 — Regular Meeting
Mayor Taylor requested that verbatim comments be incorporated into the minutes
and one minor change be made.
Motion by Mayor Taylor, second by Councilmember Imperial that the
Council approve the Minutes of September 27, 2005 with the recommended
changes as the errata sheets are presented and to be incorporated into the minutes.
Vote resulted:
Yes: Clark, Imperial, Taylor
No: Nunez, Tran
Absent: None
Abstain: None
Mayor Taylor declared said motion duly carried and so ordered.
Mayor Taylor asked that the record show at this meeting that the word "we're" in
the September 27, 2005 minutes should actually be the word "they're." Mayor
Pro Tern Nunez asked that the record show that he is deeply troubled with the
procedure they are taking to approve the minutes. Councilmember Tran wanted
the record to show that he echoes Mayor Pro Tern Nunez's comments that the
minute approval process is flawed,
December 5, 2005 — Special Meeting
Mayor Taylor requested that the errata minutes be incorporated into the staff
minutes for continuity.
Motion by Mayor Taylor, second by Councilmember Imperial that the
Council approve the Minutes of December 5, 2005 with the errata sheets
incorporated into the City Clerk's minutes. Vote resulted:
Yes:
Clark, Imperial, Taylor
No:
Nunez, Tran
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
Mayor Pro Tem Nunez and Councilmember Tran wanted the record to show that
they are objecting and opposed to the procedure for approving minutes.
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ANN
D. Resolution No. 2006 -24 - Nominating Councilmember Clark to Represent
Cities Without Prescriptive Water Pumping Rights on the Board of the San
Gabriel Basin Water Quality Authority
The Resolution nominates Councilmember Margaret Clark to another term on the
San Gabriel Basin Water Quality Authority Board. Councilmember Clark has
been a Charter Member of the Board since it was established in 1992.
Recommendation: That the City Council adopt the Resolution nominating
Councilmember Clark to another four year term on the San Gabriel Basin Water
Quality Authority Board.
Motion by Councilmember Imperial, second by Mayor Taylor that the
Council adopt the Resolution nominating Councilmember Clark to another four
year term on the San Gabriel Basin Water Quality Authority Board,
Yes:
Clark, Imperial, Taylor
No:
Nunez, Tran
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
Councilmember Clark requested that the following comments be verbatim for the
record.
Councilmember Clark: "I want the minutes to show that I appreciate the votes for
my nomination on the Water Board and want to point out that this is a regional
body and that when Mr. Nunez wanted on, the regional COG board was
nominating for the SCAG division according to policy and I felt it was important
that we had a representative on that board because as it happens it is very
important and I actually because Mr. Nunez was new on the Council and so I went
to the COG and got there early and I lobbied for Mr. Nufiez. The vice president of
the COG, his colleague was running for the position and I felt that it was
important that we have someone from our Council because of the mandate from
the state for the housing that we have a representative on the board and so along
with the council of that board he won the position and I just want it on the record
that I was willing to look at the regional picture rather than at the conflict that we
have here regarding WalMart and things like that. So I just wanted people to
know, and I did take a lot of heat from my supporters for that but I thought it was
important that we have a representative on that body."
Councilmember Nunez: "Just for the record I hope that the Councilwoman sees
that I am going to those meetings, I am participating; I am putting effort into
them. I didn't know that her help to get there was or had a price that I had to vote
for you."
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Councilmember Clark: "It does not mean that, John. I just wanted to show that
you did not vote for me. This is a regional body that my thought is that the city
that 1 represent and I'm doing a good job and my opponent thinks that I'm doing a
good job and I want the record to show that you would not give me the courtesy to
vote for me on that regional issue. Water is a very regional issue. If we don't
have, if the levees fail in the Delta, which is very possible, the water supply in
Southern California will be cut off and we need to clean up our ground water so
that we have a great drinking water source. This way transcends this issue that we
are dealing with."
E. Mosquito & Vector Control Board Appointment
Earlier this year, the City Council took action to reappoint Bob Bruesch as
Rosemead's representative to the San Gabriel Valley Mosquito and Vector
Control District (SGVMVCD) Board of Trustees for a one year term ending in
March of 2007.
Recently, staff received correspondence from the SGVMVCD clarifying the state
code governing the appointment of trustees to the district board. These rules
stipulate that any appointment has to be for either a two -year period or a four -year
period, and must begin on January I" (or for the balance of a term for a vacated
office).
Based on this statue, the City Council has been asked to clarify Mr. Bruesch's
term of appointment, which will technically have an effective start date of January
1, 2006.
Recommendation: That the City Council appoint Bob Bruesch to a four -year
term as the City's representative on the San Gabriel Valley Mosquito & Vector
Control District Board of Trustees, effective as of January 1, 2006.
Mayor Taylor stated that he was reluctant to vote for a four year term. When Mr.
Bruesch was originally appointed it was to serve out the remainder of a one year
term. Mayor Taylor believes that a four year term should be filled by a
Councilmember elected to represent the city. Councilmember Imperial feels that
an elected official should be appointed. Mayor Taylor asked Councilmember
Clark if she would do it. She said she would if no one else wanted it.
Motion by Mayor Taylor, second by Councilmember Imperial that the
Council accept the nomination of Councilmember Clark to a four year term on the
Mosquito & Vector Control Board.
Yes:
Clark, Imperial, Nunez, Tran, Taylor
No:
None
Absent:
None
Abstain:
None
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Mayor Taylor declared said motion duly carried and so ordered.
F. Approval of Casa Latina Entertainment & Dance License
At the August 22, 2006 City Council meeting, staff was directed to conduct
additional research related to the potential approval of an entertainment and dance
license for Casa Latina, located at 8800 Garvey Avenue. The new business
owners are currently operating the business as a restaurant and would like to
expand their operation to include dancing and live entertainment seven days a
week from 11:00 a.m. until 2:00 a.m.
Recommendation: That the City Council take the following action:
Grant an entertainment and dance license to Casa Latina contingent on the
business owner complying with conditions recommended by the Planning
Commission, the Sheriffs Department, and staff.
2. Direct staff to monitor and periodically inspect Casa Latina for a period of
six months to ensure compliance with all City codes and regulations.
3. In six months, bring back for City Council review a report detailing staff
observations of compliance with City codes and regulations at Casa
Latina.
Motion by Councilmember Tran, second by Mayor Pro Tern Nunez that the
Council accept staff recommendations and approve the Casa Latina Entertainment
& Dance License,
Yes:
Clark, Nunez, Tran, Taylor
No:
None
Absent:
None
Abstain:
Imperial
Mayor Taylor declared said motion duly carried and so ordered.
G. Bus Stop Improvements
Plans and specifications have been prepared for the replacement of all existing
bus stop furnishings with new bus shelters, benches and trash receptacles City-
wide, except for those on Valley and San Gabriel Boulevards, unless damaged.
Recommendation: That the City Council approve the plans and specifications
for the installation of new bus shelters, benches and trash receptacles City -wide
and authorize advertisement for bids by the City Clerk.
Juan Nunez, residing at, expressed reservations regarding bus stop improvements.
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Motion by Councilmember Tran, second by Mayor Pro Tern Nunez that the
City Council approve the bus stop improvement plans and specifications made by
staff.
Yes:
Clark, Imperial, Nunez, Tran, Taylor
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
H. Garvey Avenue Bridge
Plans and specifications have been prepared for the reconstruction of the Garvey
Avenue Bridge over the Rio Hondo Channel.
Recommendation: That the City Council City Council approve the plans and
specifications for the reconstruction of the Garvey Avenue Bridge and authorize
advertisement for bids by the City Clerk.
Jim Flournoy, residing at, expressed concern regarding faults potentially being
under the bridge site. He would like a fault survey to take place to assure the
safety of the project.
Motion by Councilmember Tran, second by Councilmember Imperial that the
Council approve the plans and specifications for the reconstruction of the Garvey
Avenue Bridge.
Yes:
Clark, Imperial, Nunez, Tran, Taylor
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
(Mayor Pro Tern Nunez requested that Items I, J, K be considered in one motion.)
I. California Contract Cities Association 26 Fall Seminar
The 26 Annual California Contract Cities Association Fall Seminar is set to take
place this year on October 6 — 8 in San Diego.
Recommendation: That the City Council authorize any Councilmember, the
City Manager, or staff designee to attend the 26 Annual California Contract
Cities Fall Seminar.
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J.
K.
National League of Cities Annual Conference
The National League of Cities Annual Conference is set to take place this year on
December 5 — 9 in Reno, Nevada.
Recommendation: That the City Council authorize any Councilmember, the
City Manager, or staff designee to attend the National League of Cities Annual
Conference.
AB 1234 Meeting Reports
AB 1234 requires that City Councilmembers and staff provide a brief report on
meetings attended at City expense at the next regular City Council meeting. The
City Clerk has received a written report filed by Mayor Pro Tem Nunez and staff.
Recommendation: That the City Council receive and file said reports.
Motion by Councilmember Tran, second by Mayor Pro Tem Nunez that the
Council adopt Consent Calendar Items I, J, K.
Yes:
Clark, Imperial, Nunez, Tran, Taylor
No:
None
Absent
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
3. MATTERS FROM MAYOR & CITY COUNCIL (Verbatim)
Mayor Taylor: I believe that is our last item. So a motion to adjourn would be in
order.
Councilmember Clark: What about Matters from Officials.
Mayor Taylor: "I'm sorry. Matters from Mayor and City Officials.
Councilmember Clark: "I would like to ask if we would be able to discuss the opening of
Wa1Mart?"
City Attorney Wallin: "It takes four votes to do that. I mean it's not an agenda item so it
takes four votes if there's an emergency matter that must be discussed for purpose of
giving permission to staff...
Councilmember Tran: "I'd like to make that motion."
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Mayor Taylor: "Alright, we have a motion to discuss the opening of WalMart. Would
you vote on Motion by roll call" —
City Attorney Wallin: - "As an urgency matter arising after the agenda was published."
Mayor Taylor: "You want roll call ?"
City Clerk Castruita: "Councilmember Clark? Yes. Councilmember Imperial?
Yes. Councilmember Tran? Yes. Mayor Pro Tem Nunez? Yes. Mayor Taylor?
Yes."
Mayor Taylor: "Mrs. Clark you brought it up would you like to discuss? Mr. Attorney
maybe we could start with your comments."
City Attorney Wallin: "As I understand, the improvements have been substantially
completed. Improvements have been substantially completed. Mr. Johnson and the
building inspector have been out there this afternoon. There are some landscaping items
that remain but other than that it's ready for certificate of occupancy and does the bond
cover those landscaping agreements as written ?"
Planning Director Johnson: "It does.
Mayor Pro Tem Nunez: "Is there a bond or a letter of credit ?"
City Attorney Wallin: "This letter of credit serves as a bond. A letter of credit would
include those. The conditions do require that those things be completed. As soon as, I
guess, as soon as the Planning Director is satisfied that those are completed then you can
give him direction to go ahead and issue the certificate of occupancy."
Councilmember Clark: "Okay, I'll make the motion that the planning director
issue the certificate of occupancy tomorrow."
Councilmember Imperial: "Second."
Mayor Pro Tem Nunez: "Are you changing the scope of the administration. I thought
administration was going to do that when they thought it was correct."
Councilmember Clark: " It was over the corrections."
Mayor Pro Tem Nunez: "Are we going to start correcting administration on that ?"
Councilmember Clark: "Yes."
Mayor Pro Tem Nunez: "Is that out of place ?"
Mayor Taylor: "Mr. Wallin, can we do that ?"
CCM IN: 9 -12 -06
Page 15 oF22
City Attorney Wallin: "Well, the Planning Director has to be convinced that the
improvements have been completed or are adequately bonded or secured and once, the
discussion has been whether or not we should hold off until after the hearing on the 21"
or whether we should go forward — or whether the Planning Director should go forward
as soon as they're satisfied it has been completed. I don't think that the Council should
usurp the obligations of both the building inspector and the planning director but in terms
of giving direction to go ahead rather than holding off I think that would be in order."
Mayor Taylor: "I'd like to state that I was down there this afternoon at 5:00 o'clock and I
walked through the entire store, every department is up and operational. All the fresh
produce is there. All the deli cases are full. All of the meat cases are all full. It's just
amazing that that entire store is in operation and that you said what, the 21 Mr. Wallin,
was a hearing ?"
City Attorney Wallin: "The hearing is on the 21 st but the store will be open probably
Thursday, Friday. Brad can probably give you more information on that. "
Mayor Taylor: "I would like to state that WalMart has put in $25 million dollars. No
city subsidy. They have followed all of the requirements. They've paid for all of the
permits. They've gone through the EIR which costs them several hundred thousands.
They probably spent a million dollars in attorneys and such. They have done everything
that the City has required of them and I don't want a lawsuit brought in here for
perishable goods. So, I'm in agreement with the motion that was made."
Councilmember Imperial: "I was the second, Mr. Mayor."
Mayor Taylor: "Yes. Shall we call for the - Mr. Tran?"
Councilmember Tran: "Can we have Mr. Johnson clarify that ?"
Planning Director Johnson: "This is what is going on in the final stages of construction
of the other store is the final elements that the contractor places on the property is
typically the landscaping elements and that is what they are attempting to accomplish in
the next two to three days. What happens on large projects such as this on a planting
schedule there are six to seven thousand plants to be put on the property. The majority of
those are in but many times contractors and developers or store owners come in and say
they're ready to open up a store but we've got half a day or day left of landscaping and
two days can you let us open the store and because of the sensitive nature of the store we
simply said we're not going to issue a temporary permit, a occupancy permit until every
blade of grass is put in place. And that is our regular, we don't typically treat all projects
like that. As the contractor mentioned he has built 300 of these stores and usually a very
small punch list at the end of the project. The store is fully stocked and ready to open.
The fire department, the building official, the City Engineer and myself and all the other
agencies are satisfied that there's no life safety issues. We are down to the simple
landscaping issues. To be sensitive to the neighbors off of Delta Street, we did ask them
to write down all of the work that has to be done on Delta. The landscaping, a little bit of
CCMIN: 9 -12 -06
Page 16 or 22
painting. They're working on that today and tomorrow and that should be completed. If
it is Council's desire for me to not count that seven thousand plants to be put into place
before the doors can open. A little leniency on that as all sides are bonded for. I think
staff is comfortable, fairly comfortable with all of that as a letter of credit covers the 2 %2
million dollars worth of work left that is why. If we go beyond the scope of what's left to
do with that (inaudible) we have a lot of confidence in the contractor that they willl install
those and not be (inaudible)."
City Attorney Wallin: "Let me add to what Brad has said. The certificate of occupancy
would only be issued with respect to the Wal -Mart building and not with respect to the
garden center, and one way to deal with this is to say no to the certificate of occupancy
will be issued for the garden center until all these landscaping improvements have been
completed. I mean the landscaping improvements are not necessarily tied to one building
or another but to the entire site. And the Wal -Mart building itself is in, it does qualify for
a certificate of occupancy, its just that some of the site improvements are still being
completed."
Mayor Taylor: "Mr. Nunez, did you have a comment ?"
Mayor Pro Tern Nunez: "Yeah, I have a couple of comments. (Inaudible) — as of lately
all of a sudden out of nowhere the garden center is being held as another project, another
building. It's all one. So the fact now that it's even — where it's at location separately. I
always thought we were gonna get it all at once, and apparently we're not. We will treat
the garden center as a separate building all along. I thought we were getting everything
done all at once weeks ago. Then I was told, but now it's a separate building. I was
telling Brad Johnson and the City Manager that I feel like we're reading the book by —
The Animal Farm."
Mayor Taylor: "I would like to say, Mr. Johnson, I believe that those plants are on the
west side. They are planting the trees and it's 800 feet long by 32 feet wide and I saw
truckloads, not one or not two, of those plants out there on the street. So the rest of the
project that's entirely accessible to the public out to Walnut Grove. Is that landscaped
there ?"
Planning Director Johnson: "There's still a small portion along Rush Street and a couple
of pockets run up to the base of the building walls that are not completed. All of the trees
on the back side of the building and all the trees that are running down and shrubs.
Mayor Pro Tern Nunez: " What about the sidewalks ?"
Planning Director Johnson: "Those do not appear to be installed yet."
Mayor Taylor: "Where's that now, Mr. Johnson ?"
Planning Director Johnson: "Offsite in the median that need some landscaping attention.
CCMIN: 9 -12 -06
Page 17 of 22
Ankh Am
Mayor Pro Tem Nunez: "How about the sidewalks? Are they all completed? I thought I
saw a bunch of broken cement over there.
Planning Director Johnson: "The street trees that are actually within the sidewalk areas
have not been installed yet the contractor told us that they would start installing them."
Mayor Pro Tem Nunez: "I'm talking about the sidewalks themselves."
Planning Director Johnson: "The sidewalk along the Delta side has been installed. They
have not completely removed or replaced the Rush Street.
Mayor Pro Tem Nunez: "On Walnut Grove you've still got some, they're going to put
rails (inaudible)
Mayor Taylor: "On which street ?"
Mayor Pro Tem Nunez: "On Walnut, Walnut Grove."
Planning Director Johnson: "Maybe Ken can assist me they were completely replacing
all of Walnut Grove that's not really completed either.
Mayor Taylor: "Excuse me. You said completely replacing ?"
Planning Director Johnson: "The sidewalk as well as along the streets.
City Engineer: We're asking for a sidewalk along Rush. Because it was damaged quite
heavily by construction (inaudible) I haven't done my final walk there on Walnut Grove
to determine how much 1 want to have removed (turn tape over).
Planning Director Johnson: ....the plants getting done the next day or so and being
sensitive to the neighbors on Delta that a lot of that work on the back side of the building
I think staff is comfortable saying there are a few landscape pockets left. But if the
Council's direction is to go ahead and let them open in a day or two when that's mostly
completed, then I we're comfortable with that.
City Attorney Wallin: And to complete those before issuing an occupancy permit for the
building center.
Mayor Taylor: For the Garden Center.
City Attorney Wallin: the Garden Center.
Planning Director Johnson: "My comment about the garden center. From a planning
perspective, when se say complete, we mean that the tile roofs are on, the stone is on the
building, it's beginning to look like a complete product. So it will look like a complete
building it just won't have plants inside and fertilizer for,sale.
CCMIN: 9.12 -06
Page 18 of 22
Mayor'raylor; "Everything is almost there, is it not ?"
Planning Director Johnson: "Yes."
Mayor Taylor: "Because I walked in there today there was, of course there is no plants in
it, but they're not asking for that occupancy.
Planning Director Johnson: "Right."
Mayor Pro Tern Nunez: "Is the sprinkler system in ?"
Planning Director Johnson: "Yeah, that's what the hold up is; the fire department gave
one determination then reversed the determination on whether it required fire sprinklers
and they said it did at first and now it doesn't. But to covered themselves the contract,
the business owner would like to install them at their own expense in doing and asking
for sprinkler review (inaudible) and that's the holdup. "
Mayor Taylor: "You're speaking of the garden center now ?"
Planning Director Johnson: "Yes."
Mayor Taylor: "An open building ?"
Planning Director Johnson: "It has an enclosed portion as well but um that's the
(inaudible)"
Mayor Taylor: "Alright. Do I have a roll call, please ?"
Councilmember Tran: "May I snake a substitute motion on that? Just to understand your
comment or motion, I'd like to make a substitute motion to just allow staff to go through
the check -off list and allow him to make the determination to when he feels comfortable"
Mayor Taylor: "I thought that was our intent. Was it not ?"
Councilmember Tran: "No, you're asking tomorrow for it."
Mayor Taylor: "Alright, we can check it tomorrow."
Councilmember Clark: "My motion is to instruct the Planning Director to issue the
certificate of occupancy tomorrow and that the garden building will be (inaudible)."
City Attorney Wallin: `The remaining landscape improvements — no certificate of
occupancy for the garden building until the remainder of the landscape improvements are
complete."
Councilmember Clark: "All of this is bonded."
CCMfN; 9 -12 -06
Page 19 of 22
Mayor Taylor: "What did you say? Two and a half million? What do they have set
aside ?"
Planning Director Johnson: "The letter of credit, I believe the latest letter of credit is for
$2.5 million or approximately there."
Mayor Taylor: "Alright."
City Attorney Wallin: "Four hundred thousand for improvements."
Mayor Taylor: "Alright, would you have roll call please, Nina."
Councilmember Tran: "Action on the substitute motion."
Councilmember Clark: "The substitution motion goes first"
Councilmember Tran: "It was my substitute motion to authorize staff to their discretion
after going through the checklist to see if when it would be appropriate for them to open
the store."
Mayor Pro Tem Nunez: "Second."
Mayor Taylor: "Okay, but Mrs. Clark was to issue the certificate of occupancy. So
you're saying hold off?"
Councilmember Tran: "Handing off to staff and to the discretion of the Planning
Director. At his discretion when he feels this is complete to allow them."
Mayor Taylor: "So it's either your motion or Mrs. Clark's."
Councilmember Imperial: "And my second to Mrs. Clark's."
Mayor Taylor: "That's alright. Mr. Tran has made a motion. Would you vote on that?
Roll call vote, please." Excuse me, Mr. Tran, Mr. Nunez ?"
Mayor Pro Tern Nunez: "No, I just think that the second motion goes more along the
ways that the City has been running its business I don't think that we had the opportunity
to make decisions like that for them, for the City to when it opens things or when it
doesn't. but I was understanding that the way the city runs is that that determination
comes from the staff not a from quoting Don Wagner on a newspaper article he said
that's a decision not for the City Council but for staff and if that is the way when we start
changing the way we run things then we need to change our procedures.
Mayor Taylor: "Alright. Roll call please."
City Clerk Castruita: "On the substitute motion ?"
CCM IN: 9 -12 -06
Page 20 of 22
AOL AIL
Mayor Taylor: "Yes."
City Clerk Castruita: "Do you need that repeated ?"
Councilmember Imperial: "Yeah-"
City Clerk Castruita. "The substitute motion is to allow staff to go through the check-
off list and approve at their discretion of completion."
Councilmember Imperial: "And what did the other motion read ?"
City Clerk Castruita: "Move to direct staff, the Planning Director in particular, to
issue occupancy permits tomorrow and that the garden building is to take place
when completed."
City Attorney Wallin: (Inaudible)
Councilmember Clark: "So we vote on the substitute first ?"
Mayor Taylor: "Yes. Mr. Tran's motion. Would you please roll call for Mr. Tran."
City Clerk Castruita: "Councilmember Clark? No. Councilmember Imperial? No.
Councilmember Tran? Yes. Mayor Pro Tern Nunez? Yes. Mayor Taylor? No."
Mayor Taylor: "And now we have Mrs. Clark's motion."
City Clerk Castruita: "Councilmember Clark? Yes. Councilmember Imperial?
Absolutely. Councilmember Tran? No. Mayor Pro Tern Nunez? No, and my vote
is no because I think we completely changed the way business is done in this City by
making this motion. Mayor Taylor? Alright, and yes for Mrs. Clark's."
Mayor Taylor: "And I would like to state for the record that this multi - million dollar
building fully stocked meeting the safety requirements that we need for the building, fully
stocked with perishable goods of meats, vegetables, produce, deli, milk. It is completely
stocked and I don't want any chance of the City being sued for that."
Mayor Pro Tem Nunez: "Yeah, and what assurance, I mean It kind of makes sense that
the way you get your certificate of occupancy before you stock those things. At least I go
to the super market and that's basically what happens when we do open up stores we
never open one before we got um before we got an approval of opening our stores. And
the fact that you know, either that you must of worked something with them earlier
saying that don't' worry about it..."
Mayor Taylor: "Mr. Nunez, there you go insinuating"
Mayor Pro Tern Nunez: "Well tell me, tell me"
CCMIN: 9 -12 -06
Page 21 of 22
Mayor Taylor: "We must of worked something out"
Mayor Pro Tem Nunez: "Tell me some thing, how does a store like that put produce up
there and not knowing when they could open their store ?"
Mayor Taylor: "I don't have the answer for you."
Mayor Pro Tem Nunez: `But, why do you think they do that"
Mayor Taylor: "Because they want to get it done and open if'
Mayor Pro Tem Nunez: "And then they get a certificate to open up. They are going to
throw all that stuff away?"
Mayor Taylor: "They're going to have a loss, anyway, are we through with that item you
have your votes Nina,"
City Clerk Castruita: I have 3/2
Mayor Taylor: Anything else under matter from official mayor and council
Imperial: "Just one thing mayor, there was a comment made that there was a lady who
did some adding for you and made a mistake and now I said you never make a mistake."
Mayor Taylor: "Alright that covers it. Matters from City Manager and Staff? Then we are
adjourned."
4. MATTERS FROM CITY MANAGER & STAFF - None
5. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 10:25 p.m.
The next regular meeting is scheduled for September 26, 2006 at 8:00 pm.
Respectfully submitted:
Aga c�
City Clerk
APPR D: /
MAYOR
CCMIN: 9 -12 -06
Page 22 of 22
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 Tem 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.
I. COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tern,
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 l of 18
ATTACHMENT B
El
Motion by Councilmember Clark to nominate Gary Taylor for Mayor.
Vote resulted:
Yes:
Clark, Imperial, Taylor
No:
Nunez, Tran
Absent:
None
Abstain:
None
Motion passes by a 3/2 vote with a Newly Appointed Mayor — Gary Taylor.
B. APPOINTMENT OF MAYOR PRO TEM — NEWLY APPOINTED MAYOR
PRESIDING
Motion by Councilmember Tran to nominate John Nunez.
Motion by Mayor Taylor to nominate Margaret Clark.
There being no further nominations Mayor Taylor moved to close the
nominations.
Motion by Councilmember Tran to nominate John Nunez for Mayor Pro
Tem. Vote resulted:
Yes:
Clark, Nunez, Tran
No:
Imperial, Taylor
Absent:
None
Abstain:
None
Motion passes by a 3/2 vote with a Newly Appointed Mayor Pro Tem — John
Nunez.
Newly appointed Mayor Taylor gives thanks for his appointment to office and
thanks past Mayor Imperial for his year of service.
II.
PRESENTATIONS
A. PROCLAMATION: AMERICAN RED CROSS MONTH
Mayor'faylor requested that the Proclamation be mailed as there was no one from
this organization in attendance to receive the proclamation.
B. PROCLAMATION: NATIONAL DONATE LIFE MONTH
Ms. Bernijo was in attendance to accept the Proclamation on behalf of the
National Donate Life Foundation. The Proclamation was read into the record and
presented by Mayor Taylor.
CCMIN: 3 -28 -06
Page 2 of 18
0 46
Councilmember Tran expressed his gratitude to the family of a young football
player who had passed away from a football injury and as a result of the donations
of his organs four different lives had been saved_
Ms. Bernijo gave thanks to the Council for their support in proclaiming National
Donate Life Month in the City of Rosemead and put forth a challenge for April
24' to increase tissue donation in Rosemead.
III. ORAL COMMUNICATIONS FROM THE AUDIENCE
Larry Bevington, residing at 8372 Rush Street, representing Save Our Community spoke
about the groups four language petitions for a recall election. He explains that over the
past month his reply for petition approval from the City Attorney's office has been an
exchange of letters where requests for changes have been the focus. SOC disagrees with
these requested changes. Mr. Bevington referenced various letters throughout the
exchange were the City Attorney asks for compliance with the California Election Code
requirements. SOC feels that some of these requirements are impossible to meet. An
itemization of requests was given. Alter taking into consideration the recommendations
from the City Attorney's office, SOC feels that the Secretary of State should be asked to
get involved and give an opinion. They further request that their petitions be forwarded
immediately to the City's translator, the Secretary of State and the Federal Department of
Justice for immediate feedback. They would like answers and opinions from the
aforementioned groups so that they may decide whether they will or will not continue
their petition effort.
Linda Jin, residing at 1600 S. Baldwin Avenue, Arcadia, are trying to raise attention to
illegal organ harvesting by the Chinese Communist Regime. A facility is being used in
North East China to kill and harvest organs of practitioners of the Falun Gong religion
who refuse to renounce their beliefs. Mayor Taylor recognized that this is an
international problem and that the Council can have an opinion, but questions what they
can do about it. He asked about the standing of the National Government on the issue.
Ms. Jin explained that it is their intention to expose the problem so that they can
eventually get national support. Councilmember Imperial inquired about whether the
problem originated out of Mainland China. Ile has received communications from this
group in the past and he has unanswered questions. Councilmember Imperial also
questions whether the City Council has a right to argue with the Chinese Government.
Mayor Taylor requests that literature be left for Council to become familiar with the
issue. Mayor Pro Tem Nunez requests that the speakers be allowed to finish their
statement. Ms. Wu explains that Falun Gong is a traditional Chinese meditation practice.
She further explains how the harvesting is performed on live people and compares the
practice to a concentration camp. She asks the Council to adopt a resolution asking
Congresswoman Hilda Solis to petition President Bush to investigate this atrocity and
demand an end to this practice. Councilmember Clark indicated that the Falun Gong
group has requested proclamations in the past regarding freedom of religion where the
Chinese government responded with a letter asking the Councilmember to stay out of
their business and not encourage freedom of religion.
CCMIN: 3 -28 -06
Page 3 of 18
Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, would like to make
the Council aware of an incident that took place on Wednesday, March 22 °d at
approximately 11:30am on Delta Street involving a diesel truck with a crane in front of a
neighbor's residence. Ms. Shinen proceeded to call Councilmember Clark on her cell
phone to inform her of the violation. She also called the City Managers office where
Assistant City Manager Wagner said he would come out. Ms. Shinen took pictures of the
truck loaded with huge concrete blocks. Later that day she again met with another diesel
truck on Delta coming toward her. The truck driver flagged her out of the way but Ms.
Shinen refused to move her vehicle. She called the Sheriff's department. A Delta
neighbor saw the situation and got into Ms. Shinen's vehicle for support. The truck
driver cursed the two in the vehicle. A man claiming to be the owner approached the car
and ordered them to move. A deputy arrived and was very safety conscious and asked
Ms. Shinen to move her vehicle. She complied with the request. City Manager
Lazzaretto phoned Ms. Shinen the day after the incident and they discussed violations on
condition 68. City Manager Lazzaretto assured Ms. Shinen that the trucks would abide
by the California Vehicle Code. Ms. Shinen believes that the conditions set forth in the
EIR should trump the vehicle code. Ms. Shinen asked Assistant City Manager Wagner if
he had actually gone to the site as he indicated he would following her phone call to him.
He responded that he had not been able to do so. Ms. Shinen submitted photos of the
diesel trucks on Delta. Councilmember Clark responded to Ms. Shinen's call to her cell
phone by placing a call to Assistant City Manager Wagner who contacted the Sheriff's
department, planning and engineering departments. A public works inspector responded
by going to the site. Councilmember Tran asked the City Attorney to clarify what the
condition states. City Attorney Wallin indicated that there is not a prohibition on trucks
on Delta but rather a mitigation monitoring provision included in the EIR that reads that
"to the extent possible all construction activity will enter the site on Walnut Grove
Avenue. Also, a condition for a fence to be erected in 60 days had to be met. As a result
of the gate there will be certain activities that will have to done from Delta. Wal -Mart
has been asked to report what activities they anticipate taking place on Delta. It is a
condition of operation. Mayor Taylor would like to get a legal opinion from the City
Attorney that trucks can drive on Delta. Ms. Shinen asked if the City was going to put
the signs up. Mayor Taylor indicated that it would be a joint effort with the County and
restated that the City was going to get a legal opinion of delivery trucks having a right to
access for delivery as it is in the state law, Councilmember Tran believes that the
residents have a right to protest the trucks in the area. He also believes that the time of
construction needs to be monitored for daily start and finish times. Mayor Taylor stated
that this was the first time that he had heard about a problem regarding time of
construction. Councilmember Tran had spoken to the City Manager regarding the time
problem. Mayor Taylor asked if there had been any documentation. City Manager
Lazzaretto responded that he had gotten information from Councilmember Tran
regarding the issue but that there was no documentation. Mayor Taylor replied that if we
are going to have a court issue out of this someone needs to have documentation.
Councilmember Tran agreed to bring documentation to the Mayor. Mayor Pro Tern
Nunez asked Plarming Director Johnson about violation of trucks lining up to access the
site at 5:30am on a Saturday morning. Planning Director Johnson indicated that every
CCMN: 7 -28 -06
Page 4 or 18
J
time a type of call like this from the public or a Councilmember is received the site
Superintendent is immediately contacted. The Superintendent did indicate that for the
delivery of iron or steel from the Midwest they did have an early delivery on that one
occasion. The City was assured that it would not happen again. A few weeks ago there
were complaints about activity starting before lam and as a response Planning Director
Johnson and Assistant City Manager Wagner went to the site for four consecutive
mornings at the site at 6:45 am and did see some trucks starting there engines at that time.
The Superintendent responded by locking the construction gates to the site. This seemed
to resolve the problem of early start times. City Manager Lazzaretto also met with the
site Superintendent who assured him that special attention would be paid to this problem
of disturbing the residents in the early morning. Mr. Lazzaretto informed the Council
that the issue of truck weight limits is due to be reviewed by the Traffic Commission the
first part of April and will be coming before the Council eventually for approval or
review. Councilmember Tran wanted to know who was sent out to the site as a result of
the phone call placed from Councilmember Clark to Assistant City Manager Wagner.
Assistant City Manager Wagner indicated that Ken Rukavina is the official mitigation
monitor. For the incident in question he contacted Planning Director Johnson and Mr.
Rukavina who sent out a public works inspector to take pictures as well as a deputy for
the delivery of the vault. Mayor Pro Ten Nunez points out that due to poor planning
they had to lift the vaults over the 14 -foot wall. Councilmember Tran asked the Mayor
about having the City Attorney review this issue and would like this brought back to the
next City Council meeting and if possible add the item of putting the sign up if the
County agrees to pay for this. He also stressed that the conditions need to be enforced for
the protection of the residents. Mayor Taylor agrees to put it on the next agenda. Mayor
Pro Tem Nunez asked to see the pictures that the City took on the response by the public
works inspector. Assistant City Manager Wagner indicated that copies had been given to
the Council behind their report. Mayor Taylor made a request to interject for the minutes
regarding Wal -Mart going through all the necessary processes such as the public hearing,
the environmental impact review, all of the permitting processes, and the plan check fees
which gives them vested rights to build their building. He informed Mayor Pro Tem
Nunez that he did not vote for him for one reason and began to read a letter from Mr.
Guerra to former City Manager Crowe. On February I" Mayor Pro Tem Nunez came to
City Hall and questioned the staff as to why they had given Wal -Mart building permits.
Mayor Pro Tem Nunez agreed that he had posed that question to staff. Mayor Taylor
stated that Wal -Mart had gone through all the legal processes and applications and they
did what they were supposed to do, yet he questioned the staff as to why permits were
given. Mayor Pro Tem Nunez responded by saying that he had a right to ask the
question. Mayor Taylor asked Mayor Pro Tern Nunez if he did that with every building
permit. Mayor Pro Tem Nunez indicated that he did it for that one but may later inquire
on another one. The Mayor read into the record from the letter: "Attached are the
pertinent sections of the building code that govern the issuance of building permits and
grading inspections which Councilmember Nunez also requested." Mayor Taylor wanted
to point out that staff has a job to do by administering codes and regulations, yet a
Councilmember comes in and questions why they are issuing permits for that. Why
would you ask the question other than to stop them? Mayor Pro Tem Nunez claims that
he was told that Wal -Mart only had the permit to grade and put up the wall. He
CCMIN: 3.28 -06
Pege 5 or 18
questioned why only a certain amount of the flooring was approved at a time. He was
also told that Wal -Mart wanted to get a permit on a smaller patch to start the building and
the City told them that it would have to be a bigger patch. Those are the types of
questions that he is asking. Mayor Pro Tern Nunez wanted to know if there was a
problem in the way that he asked the questions. Mayor Taylor feels that every issue
related to Wal -Mart results in trying to stop Wal -Mart. Councilmember Tran asked the
Mayor if every question Councilmembers have of staff must be run through for Mayor
approval. Mayor Taylor responded by bringing up some court documents and questioned
Councilmember Tran if he had been to court recently. The Mayor felt that the
Councilmember's integrity was in question. Mr. Bevington interjected that sight was
being lost on the true subject of the discussion of whether the conditions at the
construction site were going to be enforced or not. Mayor Taylor responded that you do
not take away someone's total rights. Councilmember Clark asked for clarification about
the topic of truck weight issues coming before the Traffic Commission. Assistant City
Manager Wagner responded that the City got a request from the County on some signing
on Delta. Councilmember Clark clarified that after the Wal -Mart is built there will be no
deliveries off of Delta. Mayor Taylor is referring to delivery of furniture where larger
trucks are involved and they have a right to be on those streets- He is not referring to the
deliveries to Wal -Mart and the condition that they agreed to. Planning Director Johnson
explained that the issue is about a weight condition on the street. He further explained
that Ms. Shinen is reading conditions of approval from the draft version of the conditions
of approval. These are different from the final conditions of approval which are attached
to resolutions. In the final conditions of approval, the construction language was taken
out of that condition and the mitigation monitoring plan reads "to minimize the noise
impact of construction activities, construction equipment access to the project site should
be taken to the extent possible from Walnut Grove Avenue away from noise sensitive
receptors along Delta Street." The majority of truck access is taken off of Walnut Grove
and in a few weeks more activity will take place. The "no access on Delta" was changed
to be a more operational condition. Juan Nunez wants clarification on preliminary and
final. One was a draft preliminary impact report circulated in May 2004. The final
comes after the public hearings and many meetings before resolutions and final staff
reports are compiled.
Juan Nunez, residing at 2762 Del Mar, welcomes the new City Manager and invites him
to bring new businesses into the City. He wants the City to not subsidize the businesses
that will be affected by eminent domain.
Todd Kunioka, residing at 8400 Wells Street, asked about the previous meeting
commitment by Mayor Taylor to speak on the comment he made about "the law was very
clear that it required multi - lingual petitions." He asked Mayor Taylor if he was able to
find it. Mayor Taylor asked if Mr. Kunioka had the 1992 amendments in his book.
Amendments through 1992 section 203b in the Federal Voting Rights Act, Section 203
subparagraph (b) states the bilingual voting materials and requirements and under
subparagraph 4(c) special rules. Mayor Taylor read from the document: "Whenever any
state or political subdivision subject to the prohibition of subsection (b) of this section
provides any registration or voting notices,Torms, instructions, assistance or other
CCM IN. 3.28 -06
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I
materials of information relating to the electoral process, including ballots, it shall
provide them in the language of the applicable minority group as well as the English
language." Mr. Taylor indicated that that was the only point he was going to bring back
from the last meeting. Mr. Kunioka was also concerned about the construction on Delta.
Mayor Taylor questioned how the City has affected his mother who lives in the City. He
asked for her address, but Mr. Kunioka was not interested in providing that information at
this time. I-Ie did indicate that his parents live near the construction site on Sierra Bonita.
Mr. Kunioka's concern is that every time Wal -Mart has to meet a condition there seems
to be something that arises that they did not have access to but the City did. He feels that
there is no compromise and that Wal -Mart is always sided with. Another issue that Mr.
Kunioka addressed was a mailer that came out over the summer with Mayor Taylor and
Councilmember Imperial's name and current address on it. Based on their Fair Political
Filings they did not report spending this money themselves against the recall. Mayor
Taylor handed out literature in the form of an open letter to the community. Mr. Kunioka
wanted to know if Mayor Taylor had any idea of how his name, address and signature got
on the mailers without his knowledge. Mayor Taylor reiterated that his open letter was
all that he was involved with and that he could not be held responsible if someone copied
the letter and began distributing it. He asked the same question of Councilmember
imperial. Councilmember imperial responded by bringing up the fact that he is being
watched at the local Denny's and pictures being taken of him. He did indicate that he is
not paying for the mailers in question.
IV. PUBLIC HEARINGS —None
V. LEGISLATIVE
A. RESOLUTION NO. 2006-08 CLAIMS AND DEMANDS
Recommendation Adopt Resolution No. 2006 -08, for payment of City
expenditures.
Motion by Councilmember Tran, second by Mayor Pro Tem Nunez that the
Council approve the aforementioned resolution. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
VI. CONSENT CALENDAR —RECOMMENDATION: APPROVAL
The following routine items were put forth before the City Council (IV CC -D
AND CC -E were pulled for discussion purposes):
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CC -A ACCEPTANCE OF BIDS AND AWARDS OF CONTRACT FOR ASPHALT
CONCRETE OVERLAY ON VARIOUS CITY STREETS
On March 7, 2006, bids were received for the subject project, which provides for
an asphalt concrete overlay on various sheets within the City. City Council will
consider award of the contract to All American Asphalt Company in the amount
of $316,344.20.
Recommendation: That the City Council accept all bids and award the project to
All American Asphalt in the amount of $316,344.20, waive the irregularities in
the bids by Palp, Inc. dba Excel Paving Company and EC Construction and
authorize the Mayor to sign the contract on behalf of the City.
CC -B ACCEPTANCE OF SEWER EASEMENT ON PARCEL, MAP 60733 — 3906
EARLE AVENUE
A public sewer easement dedication is required to be granted on the map for
sewer purposes.
Recommendation: That the City Council accept the dedication as shown on
Parcel Map 60733 and direct the City Clerk to arrange for the recordation of the
snap.
CC -C ADOPTION OF CITYWIDE ENGINEERING AND TRAFFIC STUDY
The California Vehicle code requires that cities complete an Engineering and
Traffic Study every seven years in order to permit the use of radar to enforce
speed limits. The last survey was adopted in 1999. A new study has been
recently completed. There are no recommended changes to speed limits on the
streets that were studied.
Recommendation: It is recommended that the City Council adopt the Engineering
and Traffic Study.
CC -F AUTHORIZATION TO ATTEND LEAGUE 2006 CITY ATTORNEYS
SPRING CONFERENCE, MAY 3-5,2006 — INDIAN WELLS, CALIFORNIA
This year's sessions include: General Municipal Law Update, Vicious Dog Law,
Code Enforcement Procedural Tactics, Personnel Update, Sexually Oriented
Businesses, Medical Marijuana Dispensaries, Head Shops, FPPC Small Cities
Regulations, Mobile Home Rent Control Issues, and AB 1234 Ethics Training
Update.
Recommendation That the City Council authorize the attendance at City
expense, including, if any, expenses in excess of $2,500, of the City Attorney.
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E1
C
CC -G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
LEGISLATIVE ACTION DAYS, MAY 17 -18, 2006 -SACRAMENTO,
CALIFORNIA
This particular annual event focuses on the "May revise" of the proposed state
budget. It provides the City with an opportunity to make our positions on the
issues known to our state legislators.
Recommendation: That the City Council authorize the attendance at City
expense, including, if any, expenses in excess of $2,500.00, of any Council
member, the City Manager and staff designees.
CC -H AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES
ASSOCIATION 47` ANNUAL MUNICIPAL SEMINAR, MAY 18-21,2006 -
INDIAN WELLS, CALIFORNIA
This year's theme is "Sharing Resources for Stronger and Safer Cities" and topics
include: Clean Water, Eminent Domain, Policy Issues, Emergency Management
Communication System, and 'relecommunications.
Recommendation It is recommended that the City Council authorize the
attendance at City expense, including, if any, expenses in excess of $2,500, of any
Councilmember, the City Manager and staff designees.
Motion by Mayor Pro Tern Nunez, second by Councilmember Tran that the
Council approve the aforementioned items on the Consent Calendar. Vote
resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
CC -D ACCEPTANCE OF WORK FOR RECONSTRUCTION OF HELLMAN
AVENUE BRIDGE OVER ALHAMBRA WASH, FEDERAL PROJECT NO.
BRLS -5358 (007)
Reconstruction of Hellman Avenue Bridge over Alhambra Wash has been
constructed in conformance with the approved plans and specifications.
Recommendation Accept the project, authorize recordation of the Notice of
Completion by the City Clerk, and authorize release of the 10 percent retention
payment 35 days after the recorded date of the Notice of Completion.
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Jim Flournoy, residing at 8655 Landisview,conun ended the work done on the
Hellman Bridge. He asks for a report on the review of the GcoTech Report for
the Hellman Bridge because he understands that there has been no sign off
obtained on it. He asked that it be addressed at the next Council meeting.
Motion by Councilmember Tran, second by Mayor Pro -Tent Nunez that the
Council accept the work for reconstruction of Hellman Avenue Bridge. Vote
resulted:
Yes: Clark, Imperial, Nunez, Taylor, Tran,
No: None
Absent: None
Abstain: None
Mayor Taylor declared said motion duly carried and so ordered.
CC -E AB 1234 MEETING REPORTS
AS 1234 requires that the City Councilmembers provide a brief report on
meetings attended at City expenses at the next regular City Council meeting. The
City Clerk has received two written reports filed by Councilmember Clark and
Councilmember Nunez.
Recommendation That the City Council receive and file said reports.
Juan Nunez, residing at 2762 Del Mar Avenue,w as concerned about the
attendance at conferences at City expense. He wanted to know if the reports
would be given at the Council meeting. Mayor Taylor explained that the
conferences being reported on have already been attended and that a one page
report had already been filed and received. Mr. Nunez was provided with a copy
of the report from the agenda packet.
Motion by Councilmember Tran, second by Mayor Pro -Tern Nunez that the
Council receive and file said reports. Vote resulted:
Yes:
Clark, Imperial, Nunez, Taylor, Tran,
No:
None
Absent:
None
Abstain:
None
Mayor Taylor declared said motion duly carried and so ordered.
V11. MATTERS FOR DISCUSSION AND ACTION - None
V ill. STATUS REPORTS -None
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Page 10 or,$
IX. MATTERS FROM OFFICIALS
A. DISCUSSION OF LAWSUIT — IMPERIAL V. CASTRUITA
Placed on Agenda at request of Mayor -Pro Tern Taylor.
Recommendati Pending the outcome of the discussion, the City Council will
determine if action is necessary.
Mayor Pro Tern Nunez inquired whether this topic should be addressed in closed
session because it pertains to a lawsuit. Due to the fact that Council is not
conferring with the City Attorney it can be discussed in open session.
Juan Nunez, residing at 2762 Del Mar Avenue,a sked the question as to when the
City knew about the Consent Decree issued by the Department of Justice. Mayor
Taylor responded that the City was served around June or July 2005. Mr. Nunez
inquired as to why the petitions were accepted. City Attorney Wallin indicated
that both he and the former City Clerk approved the form of the petitions based on
existing laws at that time. He stressed that no one could have known at that time
that the 9` Circuit would interpret the law to require petitions to be in multiple
languages. Existing case law in other circuits was to the contrary. Only after the
9' Circuit later decided the Padilla v. Lever case that everyone became aware that
the requirement now was for petitions to be circulated in multiple languages.
Juan Nunez wanted to know what the agreement was that the City entered into
with the Department of Justice. City Attorney Wallin explained that the City
agreed to comply with the Voting Rights Act and make sure that all election
materials were in multiple languages totaling four for the City of Rosemead.
Mayor Taylor reiterated that the City became aware of the Consent Decree
sometime in July. He also informed that the Department of Justice would be
auditing the City until 2009 on elections. Councilmember Clark verified that the
Consent Decree was issued on the cities of Azusa, Rosemead and Paramount for
not providing election information in all required languages. The 9` Circuit
determined on November 23, 2005 that they would overturn a lower court's
decision and now said that petitions also have to be provided for in multiple
languages. City Clerk Castruita clarified for Mr. Nunez that the petitions he was
inquiring about had been approved by the former City Clerk and that the Consent
Decree had come a few months after the fact. The petitions were approved
according to what the standing law was at that time. Mayor Taylor asked the City
Clerk if she had been in attendance at the Department of Justice meeting
regarding the Voting Rights Act. City Clerk Castruita indicated that she had been
at the meeting in the company of about 100 other clerks which was the capacity
attendance. Mayor Taylor explained that at the interviews to fill the vacancy of
the City Clerk the City received five to six applicants each of who were
questioned regarding what they had done at their previous elections. None of the
applicants had the minority languages either. The City's contractor for elections
was under the same assumption. The Federal Voting Rights Act of 1965 is a
CCM IN: 3 -28 -06
Page 11 of 18
separate entity than the State Election Code. All cities have gone through the
same process for decades and now all would be affected by these new laws.
Mayor Taylor went on to say that Martin & Chapman, our election consultants,
did not even have the capability of counting the Chinese ballots. I-Ie expressed
that confusion still exists and that we are all trying to work through it. City Clerk
Castruita said that the City has been charged with a great number of things by
both the State Elections Code and by the Department of Justice. Petitions must
meet the minimum requirements of the Elections Code to begin with and then
must meet the requirements of the Department of Justice and get their final sign
off. Both entities are making different demands on the City. City Clerk Castruita
stated that we are the first City facing these challenges and that we would be
setting precedent. She cautioned that we must be very careful every step of the
way because we are being watched by opposing entities at our every action to
make sure that we comply with all rules. The challenge is that these very rules
and requirements are at odds with each other. Councilmember Imperial
commends Martin & Chapman as being one of the best in the country. City Clerk
Castruita points out that Martin & Chapman is experiencing this process for the
first time along with the City of Rosemead_
Mayor Taylor indicated that Item A was for informational purposes only and that
no action was to be taken.
B. SB 1206 (KEHOE) REDEVELOPMENT REFORM
This legislation would limit the ability of communities to identify and clean -up
blight.
Recommendation: That the City Council take action to oppose SB 1206 and
direct staff to prepare the appropriate correspondence to the author, the members
of the Senate Local Government Committee and the City's legislators.
Jim Flournoy, residing at 8655 Landisview,inqui red whether SB 1206 had
anything to do with eminent domain. Mayor Taylor responded that it was within
the law. Mr. Flournoy requested that the Mayor keep an eye on the situation and
the Mayor agreed to do so.
City Manager Lazzaretto explained that the Bill does not affect eminent domain,
but there are a number of provisions being proposed by the Office of Christine
Kchoe out of San Diego which increases the administrative work and makes it
difficult for agencies to administer redevelopment projects in the future. It is an
unnecessary burden and adds to the law and makes more difficult to operate the
goal of redevelopment which is the elimination of blight. The California
Redevelopment Association has taken a position against the Bill.
Councilmember Imperial suggests that more consideration should be given to this
topic so that what is being voted on is fully understood. Mayor Taylor clarified
CCMIN: 3 -28 -06
Page 12 01,18
1A
that the issue is dealing with conditions in the current redevelopment law that
does allow eminent domain. This particular bill is to stop or prevent extra
regulations of other issues not eminent domain which is a given. Mayor
Taylor feels that there should have been something provided in the Council
agenda packet for consideration. Mayor Pro Tern Nunez said that opposition to
this bill was provided for in the literature from Contract Cities. Mayor Taylor
would like to see the actual bill itself and would like copies of bills provided for
in the agenda packets.
Motion by Mayor Pro Tem Nunez, second by Councilmember Clark that the
Council take a position to oppose SB 1206. Vote resulted:
Yes:
Clark, Nunez, Tran,
No:
None
Absent:
None
Abstain:
Imperial, Taylor
Mayor Taylor declared said motion duly carried and so ordered.
X. ORAL COMMUNICATIONS FROM THE AUDIENCE
Ken Pike, residing at 9220 Steel Street,stated that he worked for the incorporation of
Rosemead. He attended the meeting were residents did not want the traffic problem that
Wal -Mart would bring. Residents did not welcome an egress off of Delta for shoppers to
use. He was opposed to the resident that blocked a truck with her car and caused the very
same traffic problem that they are fighting. Mr. Pike feels that unnecessary funds had to
be spent when it was not called for. His next topic was abiding with the Voting Act and a
fine from the 2005 election. Mayor Taylor clarified that there was no fine involved in the
arrangement of the Consent Decree. Mr. Pike feels that a travesty is being committed
and that people who come here should have the right to vote when they become citizens
but should be required to speak English so that they may be able to understand their
ballots. He is upset about the extra expenses the City must incur and encourages the
residents to contact their local Congressmen to get this law changed and get back to
basics. Mayor Imperial commended City Clerk Castruita for a job well done in doing
what we had to do to get the job done.
Councilmember Tran expressed that he found Mr. Pike's comments hypocritical because
he spoke for the same amount of time that Ms. Shinen did about the history of Rosemead
and he is not surprised about Mr. Pike's support for Wal -Mart. He has heard stories in
the past about Mr. Pike being recalled because he wanted to redevelop the whole City and
does not find it surprising that he would want to support such a project at any cost
including at the cost of the residents. Councilmember Tran asks that Mr. Pike respect the
comments of other speakers. Mr. Pike defended his view on development.
Councilmember Tran further addressed Mayor Taylor about his constantly bringing up
the court issue and integrity. Councilmember Tran stated that he questions the Mayor's
CCMIN: 3.28 -06
Page 13 of 18
integrity and looks forward each and everyday that the year is over so that Mayor Taylor
no longer sits on the City Council. Councilmember Tran declared that he has worked
really hard on this recall effort and challenges the Mayor's integrity versus his own
integrity. He asks that they take it to the voters. Councilmember Tran feels that the
Mayor is trying to dictate how each councilmember questions any item or how they do
theirjob. He commended Mayor Pro Tem Nunez for asking questions. He feels that he
and Mayor Pro Tem Nunez have campaigned hard against Wal -Mart and will do
everything and anything possible to stop this development. Mayor Taylor asked that
Councilmember Tran repeat his last comment. Councilmember Tran declared that he
would do anything and every possible legally to stop the development of Wal -Mart. His
literature states the same. He feels that the Mayor does not conic in to City Hall to
question or talk to staff members and then comes to the Council meeting and surprises
them. Councilmember Tran asks that he give staff time to do some homework. He feels
that the Mayor bullies people around. Mayor Taylor wanted to know who
Councilmember Tran feels he has bullied. Councilmember Tran indicates that the Mayor
interrupts peoples' conversations as well as the Council conversations.
Larry Bevington, resident of 8372 Rush Street,asked for Cit y Council action earlier in
the meeting regarding expediting the petitions and getting multiple agencies involved in
approving the petitions to form. City Attorney Wallin stated that it would be a Brown
Act violation for the Council to act on his item since it was not part of the agenda. Mr.
Bevington requested that his item be treated as an urgency item enacted upon by a 415`'
vote. Mayor Taylor indicated that he would not be taking any action on this because it
was not on the agenda and because it is already being addressed in the Court process. He
feels that it is already in the hands of the City Clerk, the City Attorney and we are waiting
for approval from the Department of Justice. Mr. Bevington restated that all he is
looking for is that the agencies of the Secretary of State and the Department of Justice be
asked the question as to the form of the petitions.
THE SECTION BELOW IS VERBATIM AT THE REQUEST OF MAYOR TAYLOR
Councilmember Tran: Mr. Mayor, Id like to make my motion to add that item to the
agenda.
Mayor Taylor: Where is your second at?
Mayor Pro Tem Nunez: Second.
Mayor Taylor: Okay. And what's the motion?
Councilmember Tran: Basically to give direction to request communications from the
Secretary of State and to proceed forward with this petition that's been sitting therefor
quite some time now.
City Attorney Wallin: That's not quite true. We are required by law to respond to the
petitions in 10 days and we did respond to the petitions within 10 days. The law does not
CCMIN: 3.28 -06
Page 14 of IN
say that we go to the Secretary of State. The law does not say that we go to the
Department of.Justiee. The law says you submit to the City Clerk and the City Clerk has
to review it and get out the response within 10 days. We had to do that and so we gave
our response. We gave a good faith response and made suggestions. Mr. Bevington is
capable of asking the Secretary of State himself whether it's going to meet requirements.
Chet• opinion, the Secretary of Slate's opinion is not necessarily going to be right, the
Department gf.fustice's opinion is not necessarily going to be right as we found out in
Padilla v. Lever. Padilla v. Lever, the Department of Justice was saying you don't have
to have the recall petitions in multiple languages but the 9" Circuit ruled otherwise.
You're concerned that some court, somebody might try and set aside the recall because
of errors in the petition and our failure to clear it with the Secretary of State. Well, you
can call the Secretary of State, submit it, I mean there's nothing that prevents you,from
submitting all these letters and asking the Secretary of State for an opinion. We had io
respond within 10 days and we did
Mr. Bevington.' Thank you.
Mayor Taylor: Alright. We have a motion and a second. Any other comments? No.
Mr. Tran and Mr. Nunez; a motion and a second, far the Council to take action. You
don't need a 415 to put it on the next agenda.
Mr. Bevington: I'm talking about tonight, Mr. 'Taylor, tonight. It takes a 415 vote of this
Council to put it on the agenda so they can act on it.
Mayor Taylor: Alright, the motion is to put it on the agenda tonight.
City Clerk Castruna: I just wanted to make a comment to Councihnember Dwn. The
only thing we were asking, per say in this round, was that we comply with the minimum
requirements of what the Secretary of State mandates as a minimum. And, once we have
that in place we would on an expedited basis forward it to the appropriate people to get
an expedited turnaround Unfortunately, with what was submitted, we didn't even meet
the minimum requirements that the Secretary of State sets as a standard There were
inconsistent, fants. We ask that you select one and be consistent within your document.
For instance, with the font size, it requires an 8-pitch minimum. You can certainly select
a 10 or a 12 but it has to be throughout your document. At which point, let's say in the
Spanish language. The statement, the answer, some were bolded, some were larger font.
We just need for the group to submit it consistent and to abide by the formatting we're
asking for before we can proceed in getting into further process and having their
approval. They'll shoot it right back. And certainly from one page to another, we
understand that the characters in the Chinese language require a different size. You can
certainly have a larger character size. It has to be readable otherwise the Department of
Justice will throw it back. But, it doesn't have to be consistent with what the English font
is going to be used at. It has to be within its language consistent.
Mr, Bevington: This is where we are having a disagreement. I say we have one petition
in, four languages and you're saying it has to be consistent?
CCMK 3 -28 -06
Pap 15 of 18
City Clerk Castruita: It has to be consistent in the sense that the Notice oflntention --
Mr. Bevington: The court also says that they shall have to do all this stuff and have
signatures, all this Notice. Answer, Proponents all on one page before anybody can sign?
City Clerk Castruita: One sheet of paper and you are allowed to put the signature of
affidavit on the backside. It does have to be on one sheet; otherwise, it can be contested.
The reason for the consistency in fonts, whether it be the bolding, underlining, and or size
is because there is not one part ofthe document that is more important than another. We
can not, for example, have the Notice of Intention be more significant in let's say a 12
fonl and then an answer of the subject of recall in an 8 font because then it shows
inconsistency on our part and favoritism. It stresses that one is more important than the
other which is why it's in place in the first place. All we're asking is just select your font
and be consistent in the document. Y'the Chinese requires larger characters, that's not a
Problem, but it needs to be consistent throughout the entire Chinese document.
Mr. Bevington: We don't have a Chinese document,I and a Spanish document, and a
Vietnamese document, and an English document. We have one document in four
languages.
City Clerk Castruita: Unfortunately, because of the Department of.histice Consent
Decree requirements we do have four different documents that we're having to contend
with. So, they're handled separately.
Mayor Pro Tem Nunez: Can 1 offer another inconsistency. Some of the things that I'm
hearing out here. The fact that we have been talking about this in the past and the fact
that the English document is what we have to look at and if it takes, like in Vietnamese,
more wording so it takes maybe 50% more letters or whatever but at the same time I'm
wondering that if that's the case then what's to stop anyone from making a petition in
different fonts on the other one because as long as it's correct in the English than that's
it.
City Clerk Castruita: It's not that the other languages do not have to be correct but if it
takes more wordsfor description —
Mayor Pro Tem Nunez: I know. Let me just say that I'm just speaking out loud on this
and I think what we'd like to know, what 1 keep hearing, what SOC wants to know is what
is the proper way, in other words, they're asking us to design something that perhaps
somebody else is designimQ something differently in another county, another part of the
state. In the case of the 9" Circuit Court it could be another state, period So, I'm
wondering if, I think that, 1 really think it's the 9"' Circuit that's the onethat's suppose to
tell its how these petitions should be looked at and then we could follow that petition.
But, unless they're asked how are they going to say, well we didn't know that was your
problem. I bet you right now they're not worried about what a petition looks' like.
CCM IN: 3.28.06
Page 16 of Is
Mayor Taylor: I'd like to call for the question that was presented.
Councilmember Imperial: Would you please restate the question.
Mayor Taylor: Thai you lake action tonight on the discussion with the petitions.
Cily Attorney Wallin: The request from SOC.
Mayor Taylor: We'll call for the question either we're going to vote no not to act on it
tonight or vote yesfor their motion.
Mayor Pro Tem Nunez: I'm just kind of curious. Can Mr. Imperial vote on this?
Councilmember Imperial: Mr. Imperial? I don't know. Can 1 vote on this you're
making all the decisions tonight?
C'ityAttorneyWallin: Yes.
Councilmember Imperial: Thank you. Thank you very much. I want to make sure that
I'm not eating lunch. Nobody is watching me going in. They're not taking my picture --
Mayor Taylor: Alright 1'd like to call for the question. Call fir the vote. What is it?
Alright, the motion stays. Mr. Nunez, your motion to adjourn would be?
Mayor Pro Tem Nunez: As I stated She has the note over there.
Mayor "Taylor: Would you read it, Nina. And incidentally, I'd like the last conversation
in the minutes verbatim so that there's no misunderstanding later on what the action
taken.
THIS ENDS THE VERBATIM SECTION
Motion by Councilmember Tran, second by Mayor Pro Tem Nunez that the Council
approve the aforementioned motion. Vote resulted:
Yes
Nunez, Tran
No:
Clark, Imperial, Taylor
Absent:
None
Abstain:
None
The motion is not carried.
XI. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned
at 10:20 p.m. in memory of Deputy Chris Bain, a Lancaster Deputy who was
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'i
i
killed in the line of duty. Deputy Bain worked out of the Temple City Station on
the motors. A request was also made to fly the flags at half staff.
The next regular meeting will be held on Tuesday, April 11, 2006, at 8:00 p.m.
Respectfully submitted:
City Clerk
APPROVED:
4y ! � L
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Page 18 of 18
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
1, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
minutes from March 28, 2006 were duly and regularly approved and adopted by the
Rosemead City Council on the 12th of September, 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE.
Absent: NONE
Abstain: NONE
Nina Castruita
City Clerk
CITY O a RO I?MEAD
DATE ti t' a.a b S
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
JANUARY 25, 2005
The regular meeting of the Rosemead City Council was called to order by Mayor Clark 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 Councilman Joe Vasquez
The Invocation was delivered by Bante Chao Chu of the Rosemead Buddhist Monastery
ROLL CALL OF OFFICERS:
Present: Councilmembers Alarcon, Taylor, Vasquez, Mayor Pro Tern Imperial, and
Mayor Clark
Absent: None
APPROVAL OF MINUTES: September 7, 2004 — Adjourned Regular Meeting of the
Rosemead City Council and the Rosemead Community Development Commission, September
28, 2004 — Regular Meeting. October 26, 2004 — Regular Meeting.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
IMPERIAL that the Minutes of the Regular Meeting of the Rosemead City Council and the
Rosemead Community Development Commission held on September 7, 2004, be approved as
submitted. Voteresulted:
Yes: Alarcon, Clark, Imperial,'I'aylor, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
IMPERIAL that the Minutes of the Regular Meeting of the Rosemead City Council held on
September 28, 2004, be approved as submitted. Vote resulted:
Yes: Alarcon, Clark, Imperial, Taylor, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CCM IN: 1 -25 -05
Page l
ATTACHMENT C
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Minutes of the Regular Meeting of the Rosemead City Council held on
October 26, 2004, be approved as submitted. Vote resulted:
Yes: Alarcon, Clark, Imperial, Taylor, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS:
PROCLAMATION PROCLAIMING FEBRUARY .4, 2005 AS "WEAR RED FOR
WOMEN" DAY
I. ORAL COMMUNICATIONS FROM THE AUDIENCE - NONE
IL PUBLIC HEARINGS - NONE
Ill. LEGISLATIVE
A. RESOLUTION NO. 2005 -01 - CLAIMS AND DEMANDS
RESOLUTION NO. 2005 -01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN'THE SUM OF
$1,916,199:25 NUMBERED 47621 THROUGH 47927
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY
COUNCILMEMBER VASQUEZ that the Council adopt Resolution No. 2005 -01. Vote
resulted:
Yes: Alarcon, Clark, Imperial, Taylor, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CCM [N: 1 -25 -05
Page 2
IV. CONSENT CALENDAR
CC -A 2005 -06 BUDGET CALENDAR
CC -B RELEASE OF BOND — PARCEL MAP 26776 — 3323 -27 MUSCATEL,
AVENUE
CC -C AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY F ROM
ANDREA GONZALEZ, NILDA GOMEZ AND ANTHONY MILLSAPS
CC -D REQUEST FOR RED CURB AT 2435 DEL MAR AVENUE
CC -F, REQUEST FOR RED CURB ON GLADYS AVENUE SOUTH OF
GARVEY AVENUE (WALGREEN'S)
CC -F AUTHORIZATION TO ATTEND ANNUAL NATIONAL AMERICAN
PLANNING ASSOCIATION CONFERENCE, MARC14 19-23,2005, SAN
FRANCISCO
CC -G AUTHORIZATION TO ATTEND 2005 LEAGUE OF CALIFORNIA
CITIES CITY MANAGERS DEPARTMENT CONFERENCE —
FEBRUARY 2-4,2005, MONTEREY
CC -H AUTHORIZATION TO PLACE AD IN PROGRAM FOR TILE LINCOLN
TRAINING CENTER'S 21 ANNUAL AFFAIR OF THE HEART
AWARD'S DINNER, MARCH 12, 2005
MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM
IMPERIAL that the Council approve the aforementioned items on the Consent Calendar. Vote
resulted: .
Yes: Alarcon, Clark, Imperial, Taylor, Vasquez
No: None
Absent: None
Abstain: None
V. MATTERS FOR DISCUSSION AND ACTION - None
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS -None
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None
CCMIN: 1 -25 -05
Page 3
IX. ADJOURNMENT
There being no further action to be taken at this tune, the meeting was adjourned at 8:15
p.m. The next regular meeting will be held on Tuesday, February 8, 2005, at 8:00 p.m.
Respectfully submitted: APPROVED:
A "I'f
City Clerk h a
CCMIN: 1 -25 -05
Page 4
P9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES } SS.
CITY OF ROSEMEA17 )
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
Minutes of the Regular Meeting of the Rosemead City Council of January 25, 2005
was duly and regularly approved and adopted by the Rosemead City Council on
the 22nd of November 2005, by the following vote to wit:
YES: CLARK, IMPERIAL, TAYLOR
NO: NONE
ABSENT: NONE
ABSTAIN: NUNEZ, TRAN
/nL7 e l.f f A
Nina Castruita
` City Cierlc
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 Tem 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
L ORAL COMMUNICATIONS FROM THE AUDIENCE
ATTACHMENT D
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 - 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
2
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. 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 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.
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 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 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.
0
Mayor: Okay.
Councilman Nunez ?.. Move for approval (Item 5A)
Mayor: Is there a second
Mayor Pro Tem 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
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
2
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` parry 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?
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? "
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 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.
Mayor Pro Tem 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 Tem 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 Tem Taylor- verbatim: "Did you say you released the lien that was on it "
Mr. Fierro: Yes sir, we did.
Mayor Pro Tem 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 Tem Taylor: when was that?
Mr. Fierro- verbatim: "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.
10
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 fine. 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
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. I 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
Mr. Fierro- verbatim: "Thank you Mr. Mayor."
Ms Dolly Leong- verbatim: "Thank you very much."
Mayor- verbatim: "Motion and a second."
Mayor Pro Tem 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 Tem 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 ....T'
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 l't
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
Councilman Tran asked the question that was brought up by Ms. Leong. Are we going out to bid for this?
Mayor Pro Tem 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
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 is just 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
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 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 ?"
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 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. 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
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 Tem 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 Tern 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
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 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- 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 Tem 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: "I 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."
W .
Mayor Pro Tern 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 Tern 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 Tern Taylor- verbatim: "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- verbatim: "Let me go back, we're trying to rush this thing okay."
Mayor Pro Tern 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 Tern Taylor- verbatim: "And I don't want that."
Mr. Fierro- verbatim: "Okay"
19
Mayor Pro Tern 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 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
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
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 bear 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 sheriff's cars at 7/11 on San Gabriel Bl.+ Hellman.
Wants more patrolling.
Mayor Imperial stated that she should speak to the Sheriff s tonight.
21
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 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- 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 Tem 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 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..."
22
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 Tern 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
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 Tem 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 Tem Taylor- verbatim: "Is it an arrest warrant ?"
Capt Shaw- verbatim: "No,"
Mayor Pro Tem 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 Tem 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 Tem 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- verbatim: "I don't think so. Is that all the speakers ?"
Councilman Nunez- verbatim: "I 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. 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- verbatim: "Mr. Mayor:"
Mayor- verbatim: "yes"
Mayor Pro Tem 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 Tem Taylor- verbatim: "No, it's official city money that was in this messy deal."
Councilman Nunez- verbatim: "We got it back"
Mayor Pro Tem Taylor- verbatim: "So"
Councilman Tran- verbatim: "City Manager"
Mayor Pro Tem 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
Mr. Gandara- verbatim: "Is money missing"
Mayor Pro Tem 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 Tem 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 Tem 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 Tem Taylor- verbatim: Mr. Mayor, Mr. Mayor.
Mayor- verbatim: Don't tell me.
Mayor Pro Tem Taylor- verbatim: Jay, come on Jay. Mr. Mayor we've had a couple of items brought up.
Was that your oral communications.
Mayor Pro Tem 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
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 thin the channel as..."
Mayor Pro Tern Taylor- verbatim: "I just suggested the channels. Mr. Tran. Is this proper Mr. Crowe."
Mr. Brady- verbatim: "Why don't you go thin the traffic commission."
Mayor Pro Tern Taylor- verbatim: "It's going thin 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 Tern 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
Dec 13th. 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
27
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 Tem 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 Tem 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 Tem 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 Tem 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: "I 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 Tem Taylor- verbatim: "Is that all that we have Mr. Mayor"
28
Mayor- verbatim: "As far as I know."
Councilman Tran- verbatim: "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."
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 Tem 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."
(W'�"I - 0
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:
City Clerk
APPROVED
MAYOR
29
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.
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.
Page 1 of 60
ATTAr-�HNiENT E
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
Page 2 of 60
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
Page 3 of 60
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
Page 4 of 60
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?
Page 5 of 60
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
Page 6 of 60
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 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 gentlemen's election of Nativo Lopez was in 2002.
Page 7 of 60
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....
Page 8 of 60
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.
Page 9 of 60
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 7tn
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..
Page 10 of 60
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.
Page 11 of 60
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
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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.
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.
Page 13 of 60
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
Page 14 of 60
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
Page 15 of 60
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...
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
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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,
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. 1 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
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
1
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 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 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,
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. 1 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 l 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 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 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 1 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.
Page 30 of 60
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
Page 31 of 60
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
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,
petitions in the garbage. That is a statemen
Council by State law is not even allowed to
the Rosemead City Council thru the
t. The statement is a deliberate lie. The City
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
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
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.
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.
Page 35 of 60
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
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 (faun) please.
Page 37 of 60
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 al
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
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 7th
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
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
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
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
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 2B, 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
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
Page 44 of 60
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
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. 1 St 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
Page 46 of 60
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 th 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
Page 47 of 60
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. g 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.
Page 48 of 60
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
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 sifting back there relaxing.
Nunez: Are you challenging the wording?
Taylor: No. I'm challenging the disenfranchisement.
Nunez: We never tried to stop the election
Page 50 of 60
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
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
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
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 th 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 th 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
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 th 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
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.
Page 56 of 60
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
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 th 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:
City Clerk
uG •C
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