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CC - 09-27-05MINUTES 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 I. ORAL COMMUNICATIONS FROM THE AUDIENCE 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 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 BI. you see the trash. You go down Rosemead BI. 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. 1 walked going up and down the streets getting signatures and I didn't lie to anybody. Many of us worked very hard to try to do the right thing. But you didn't listen to us. You didn't take our heat. There are three schools around there. There's convalescent homes. Yes some of it is because of the Wal -Mart. But you didn't listen to us at all. When we said no. And we still mean no. You have to take into consideration the children. That are going to school around there. You have to give consideration to the elderly that live down by. I'm a retired teacher but I still have to continue to work because I don't make enough. I have to supplement my income and I'm here to speak for the residents of Rosemead. No, no one lied to no one and if you worked or you took your name off, fine. But the recall goes on and you should leave. Both of you should leave or resign now. No one calls me a liar, a cheat, or a thief because I work much too hard to tell the truth. I work much too hard to teach my students to be truthful to be dedicated to their community. To work here but how can 1, the streets are so filthy! You dig up, there's pot holes all over the area. What do we have? Strip mall, strip mall, strip mall, okay but they are meeting the peoples needs. Why do we need a big company like Wal -Mart so they can steal from them, so they don't pay them the wages they deserve. So they can pollute the air with all the traffic that's going to be coming in. Many of us are not healthy. And many of us suffer from pulmonary, asthma and things like that and more smog and more pollution is going to help the matter. And I will tell you if you think we corrupted you and we lied to you then you weren't really listening because we didn't try to deceive anybody we just want to do the right thing. That Mr. Imperial and Mr. Taylor didn't do. Thank you for letting me talk." City Attorney: Mr. Taylor there are no further speakers request cards on this item, so you would be ready for a motion. El Mayor: Okay. Councilman Nunez ?.. Move for approval (Item 5A) Mayor: Is there a second Mayor Pro Tern Taylor: Second. Mayor: Would you vote ( 5.0 ) MOTION BY COUNCILMAN TRAN, SECOND BY MAYOR PRO TEM TAYLOR that the Rosemead City Council approve V -A, Certification of Sufficiency of Recall Petitions to Recall Mayor Jay Imperial and Mayor Pro Tern Gary Taylor. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. II. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER RECOMMENDED EXPENDITURES OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDS Mayor- verbatim: "Now we will go into the public hearing. Public hearing to considered recommended expenditures of citizens paying for public safety cops program." Mr. Crowe -City Manager- verbatim: "Yes Mayor and council in 1996 the legislature approved 100 million dollars of additional funding for local police services and in 2002 the program was renewed and extended. This is for front line law enforcement." The Mayor opened the Public Hearing for those in the audience wishing to speak for or against this item. There being no one wishing to speak, the Mayor closed the Public Hearing. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Rosemead City Council approve the appropriation of Citizen's Option for Public Safety (COPS) Funds. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None 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. Ill. 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 9 006 -M TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07- 5358 Jim Flournoy, stated that he was here to give information on this subject. He stated that he was at the Los Angeles County Public Works office to review a design bridge on Beverly Boulevard over the Rio Hondo River, which is a similar bridge as we have. He stated that this was a City of Montebello /Pico Rivera project, and that the data for earthquake magnitude was wrong. He urges Geotech to review City's bridge so won't go out to bid under structural. Caltrans has not updated this area fault since 1996. Councilwoman Clark asked if it was a private contractor or Caltrans who made the mistake? Jim Flournoy stated that it was the Department of Public Works, because they were the contractor. Councilwoman Clark asked who determines structure for human occupancy? Jim Flournoy stated it was the State who determines occupancy and use. Councilwoman Clark requested the City Engineer to look into Mr. Flournoy's concerns and set up a meeting. City Manager Crowe stated that there are no problems to be corrected and we had a 3` party engineer who looked into this. City Engineer Rukavina stated that a 3` party engineer had reviewed the Geotech technical report and had it certified 4 weeks ago. Acceptable forces are being used in design. Councilman Nunez wanted to clarify the voting, weather they were going to change anything or that they were just having a meeting to look at the gentleman's concern. Mayor Imperial stated that a meeting would be scheduled. MOTION BY COUNCILWOMAN CLARK, SECOND BY MAYOR PRO TEM TAYLOR that the Rosemead City Council adopt Resolution No. 2005 -31. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC -B INSTALLATION OF LEFT TURN SIGNAL PHASING ON DEL MAR AVENUE AT GRAVES AVENUE 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. 1 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. ( ?)" 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 Tern Taylor- verbatim: "Move. I'll make the motion (Item 5B)" Mayor- verbatim: "Is there a second." Councilwoman Clark- verbatim: `I'll second it." Mayor- verbatim: "Okay any questions." Councilman Tran- verbatim: I have a question. Is this contract also an extension of the current contract. And is it still considered and Evergreen contract, or vote on it every yr. Mayor Pro Tern Taylor- verbatim: "Mr Mayor if I might may. John this is raising it from 12 dollars to 12.44 cents. This is their allowed increase. The other item is down at the bottom of the page." Councilman Tran- verbatim: "is that all Gary." Mayor - verbatim: "A motion and a second. Vote please." Councilman Tran- verbatim: "the question was brought up by Ms. Leong is it still considered an Evergreen contract ....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: `9 think it is August l 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 Tern 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. 1 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 rut 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. 1 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 1 `ll give you the information that you need. If there is a program out there that we will say pick up everything out on the street. But we have to buy the vehicles we have tp pay the car, so there is a cost to it. But we will pick everything within 24 hours of the day called in, or that same day if we get called in ICi early enough throughout the daytime. One thing I would like to say is because of the problem with the bulky items that we have been having. I would like to start the bulky items program in the next couple of weeks with your permission. Which means we will put out some notices in the newspaper letting people now about at the end of the month we will no longer have the quarterly pick ups as were scheduled to be at the end of October. But we will implement the bulky item pick up probably the same week of the City Council meeting or the week before. To start getting people used to disposing of their bulky items on a weekly basis on that collection day. And we will continue with multiple notifications in the 4 or 5 newspapers that service the community. And also the Rosemead Chamber Community letter to let the people know that they no longer need to wait for the quarter to get rid of their bulky items. Just sit it out for curb side service. We do prefer that you give us a call. Mayor- verbatim: "Make sure that they check Dolly's question ?" Mr. Fierro- verbatim: "Yes, sir." Councilman Tran stated that he would like to hold off any change until study session. Councilman Taylor- verbatim: "Mr. Mayor, I would be opposed to starting that bulk pick up item until we get it straightened out in the contract. The reason for that is we get 2 pages every week of items that need to be picked up. And I'm going to estimate there maybe 35 per row. 140... (per week)." Mr. Fierro- verbatim: "that's why I want to start it now. So we can eliminate that." Mayor Pro Tern Taylor- verbatim: "Well that's the tricky part. Once you start it you think we've got a contract. But what is happening now with those 140 items theoretically that are supposed to be picked up " Mr. Fierro- verbatim: "We pick them up." Mayor Pro 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 Tem 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 Tem 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 Tern Taylor- verbatim: "Well we have an address on everyone that is picked up of 140 names." Mr. Fierro- verbatim: "But the people deny that it is theirs. And we are just not going to go back and forth. What were offering is no charge to the city, no charge to the resident. On collection day we will pick up the bulky items - just call Consolidated. It is not going to be above the 12.44 that would ..." Mayor Pro Tern Taylor- verbatim: "but it becomes 62c for every residence in the city " Mr. Fierro- verbatim: "That's another program councilman" Councilman Tran- verbatim: "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." E Mayor Pro Tem Taylor- verbatim: "We still need to get it cleared up, because you're saying that they can put out trash, bulky items every week, and you have in here 11,444 same number like that of units. Now we've got to have those 11,000 people understand that you can't put it out every week at every house, because how do we tell them, you have to call every time. How do we resolve that. We're going to have 10 times as much bulky items because people will think, boy we got a good deal here, and then, then all of a sudden we've got hundreds if not thousands of bulky items by the end of the month. From there 11,000 homes that are picked up, 4 times. That's 45,000. ( a month)" Mr. Fierro- verbatim: "That's why we want to put it in the newspaper, but again. I would head to your suggestion and wait because? It's tough enough to have." Mayor Pro Tem Taylor- verbatim: "Here's stickler on this, I want to read their sentence to you. "the cost of picking up the abandoned bulky items would be covered by CDS up to an annual amount or cost of $1,000 dollars." you take $1,000 and divide that by 12 months, that is 88 dollars a month. You take 88 dollars and you divide that by 4. That is 22 dollars a week. That is one and a half bulky item that can be picked up. And we just talked about 11,400 people. And we are only allowed. 1.5 pickups. Then you start charging the city, how much. $17 dollars for each one. Mr. Fierro- verbatim: "Yes" Mayor Pro Tem Taylor- verbatim: "Now just put that in (perspective) what happened to the 45,000 people" Mr. Fierro- verbatim: "That's why we have the second option of the 62 cents per resident. And it gets paid by all residents and all bulky items are picked up" Mayor Pro Tem Taylor- verbatim: "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 Tem Taylor- verbatim: "That's why we are going to have a study session. And I don't want you to start picking them up (bulky items)." Councilman Clark- verbatim: "I want to hear it." Mr. Fierro- verbatim: "Right now, what you approve today if you allow me I can start to have the bulk items picked up in 2 weeks." Mayor Pro Tem Taylor- verbatim: "And I don't want that." Mr. Fierro- verbatim: "Okay" 19 Mayor Pro Tem 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 Tern 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 hear that." Mayor Pro Tern Taylor- verbatim: "And that's going to be a dollar fifty, what is it, a dollar seventy five additional. For that bigger tin and it's probably worth it because the little color are very..." Mr. Gandara- verbatim: "it maybe worth it. Again my point is we're giving them more to recycle and they want to charge us more. And now we're going to recycle more instead of throwing it into the regular garbage can because it doesn't ... so why are we giving them more recycle goods. Is there not money to recycling. People recycle all the time. They are coming down my street. So why are we giving the more recycling goods and why is the cost to show that we are doing a greater job. They are getting more profit. Somebody needs to look into that. It doesn't make sense to me." Councilwoman Clark- verbatim: "Mr Mayor if I could just comment. Just to clarify there are mixed... a lot of this stuff is put out, like an old couch. There is no money in that. So it's a balance" Mr. Gandara- verbatim: "Yes I understand that every things not good but there certainly is money in the plastics. So we are going to give them more and they are charging us for a bigger container. Does that make sense. It doesn't we need to do to make more sense." - end of discussion- V. MATTERS FOR DISCUSSION AND ACTION B. CONSIDERATION OF THIRD AMENDMENT TO CONSOLIDATED DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED RECYCLING AND YEAR ROUND BULKY ITEM PICKUP This item was deferred until the next meeting. VI. STATUS REPORT -None VII. MATTERS FROM OFFICIALS A. LAW ENFORCEMENT SERVICES AUGMENTATIN REQUEST Ariana Leon- verbatim: residing at 3316 Charlotte Ave. Problem with law enforcement. Does not see any care patroling. 5 cars stolen on her street. Sees 3 sheriff s cars at 7/11 on San Gabriel BI.+ Hellman. Wants more patrolling. Mayor Imperial stated that she should speak to the Sheriffs 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 Tern Taylor- verbatim: "Mr. Mayor;" Councilman Tran- verbatim: "For the whole entire meeting." Councilman Taylor- verbatim: "Mr. Mayor' Mayor- verbatim: "Yes" Mayor Pro Tern Taylor- verbatim: "I would like to ask Mrs. Hall that 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 Tem Taylor- verbatim: "Okay. Just put that in the record that you believe it is public information. " Ms. Hall- verbatim: "It is and I have handed the city clerk. A copy for everyone ( ? How many) to see what it is that 1 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 Tern Taylor- verbatim: "Mr. Mayor. 1 hate to do this at this point. I have to ask Capt. Shaw, is it a public document? Do you know about this incident." Capt Shaw- verbatim: "I know of the document." Mayor Pro Tern Taylor- verbatim: "Is it an arrest warrant ?" Capt Shaw- verbatim: "No," Mayor Pro Tern Taylor- verbatim: "Capt. Shaw, you answered the question and that's fine. You made that point. I appreciate that." Ron Gay- verbatim: "It has been answered." Mayor Pro Tern Taylor- verbatim: "I'm going to direct the city attorney and the city manager to investigate these documents if they are legitimate public documents and what they are... I haven't seen them." (some audience boo + heckle) Mayor- verbatim: "Wait, wait. Now, come on now. Let's here what they have to say." (Audience, Brady, nobody has heard anything audience shouting) Brady- verbatim — "Save your breath for the recall campaign." Mayor Pro Tern Taylor: "Mr. Mayor, Mr. Mayor I did ask a question to direct them TO SEE these are public records. Mr. Mayor are there any other speakers on there? " 24 Mayor- verbatim: "I don't think so. Is that all the speakers ?" Councilman Nunez- verbatim: "1 think that, when we start looking at personal lives (the way we do) because I saw this and it got ugly and somebody put it in my maildrop. Is how it came to me so it obviously came trough the city clerk. " City Clerk- verbatim: "I put it in a box." Councilman Nunez- verbatim: "Okay but you know, these are, you know, if we have looking for stuff like that you know, it's really crazy when you start looking at that. I think we've made some complaints about some of the votes are maybe that lack of votes or lack of direction. That this city council in the past has done? I think that if you look at votes for directions that I've done as a city council member or on the Alhambra school board member or as the Garvey school Board member, as a city council member. You know once in a while I go over the speed limit. I get behind on some stuff time to time. 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 thru the channel as... Mayor Pro Tem Taylor- verbatim: "I just suggested the channels. Mr. Tran. Is this proper Mr. Crowe." Mr. Brady- verbatim: "Why don't you go thru the traffic commission." Mayor Pro Tem Taylor- verbatim: "It's going thru the traffic commission Mr. Mayor I would like to defer this law enforcement to the next mtg." VI. STATUS REPORT - None VII. MATTERS FROM OFFICIALS A. LAW ENFORCEMENT SERVICE AUGMENTATION REQUEST Mayor- verbatim: "Matters from officials." Mayor Pro Tem Taylor: "Defer because we're missing some information." VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Councilmember Tran- verbatim: "regarding the public hearing on the EIR that was going to be on Dec I3th. I thought that given the fact that our city attorney has retired and he is retiring effective Dec 1st. 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 Tern Taylor- verbatim: "Mr. Tran, Mr Wallin is the city attorney handling the EIR process and we are not going to stop it. We're going on the records as the state law requires. The attorney the judge excuse me, the lawyer said you have 90 days to tell why we chose that site. And as for as the 24 hours store goes that is a moot issue. The judge has accepted the fact that Wal -Mart is not going to have a 24 hour store. The judge said go back and correct the EIR and tell us why we chose that site because Edison has a piece of property to sell. Wal -Mart has this right to buy that piece of property it's zoned C -3 commercial for them, to build on it. And that is what the judge wants us to explain" Mayor Pro Tern Taylor- verbatim: "We already did it. It's all in the 5,000 page report. We have the original EIR and we're not going to stop it." Councilman Tran- verbatim: "And Dec 13th will eclipse the 90 days that the judge had ask us for. So what's a few extra days." Mayor Pro Tern Taylor- verbatim: "It ain't going to work John." Councilman Tran- verbatim: "But to get and objective of a CEQA attorney to look at this." Mayor Pro Tern Taylor- verbatim: "It ain't going to work John." City attorney- verbatim: "Well, this is a non- agenda item for this evening." Councilman Tran- verbatim: "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 Tern 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 Tern Taylor- verbatim: "I have no problem with it John. It is going to be a 3 to 2 vote. It's obvious you're just stalling for time." Mr. Brady- verbatim: "Who's stalling here. Why can't you just decide the date. The people said they want an election. Why can't you just pick the earliest possible date. And get it over with." Mayor- verbatim: "Why don't you sit there and let us" Mayor Pro Tern Taylor- verbatim: "Mr. Mayor" (Brady and audience unruly + shouting) Mayor- verbatim: "This meeting is adjourned." IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:00 p.m. The next regular meeting will be held on Tuesday, October 11, 2005, at 8:00 p.m. Respectively submitted: City Clerk _ / / 29 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the Mayor executed the unsigned approved minutes of September 27, 2005 by the Rosemead City Council on the 8t^ of February, 2011, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk