CC - 02-16-82 - Adjourned MeetingAPPROVED
CITY Or POSEIMEAD
DATC.___-~/ Pam
MINUTES OF THE ADJOURNED MEETING
OF THE ROSEMEAD CITY COUNCIL
FEBRUARY 16, 1982 AT 8:00 P. M.
The adjourned meeting of the Rosemead City Council was
called to order by Mayor Imperial at 8:04 p. m., in the Confer-
ence Room of City Hall, 8838 E. Valley, Rosemead, California.
The Pledge to the Flag was led by Councilman Tury.
The Invocation was delivered by Councilman Taylor.
1. MODERN SERVICE PROPOSAL/COUNTER PROPOSAL
Frank G. Tripepi, City Manager, stated that since the time
this meeting was set and this evening that a law suit has been
served on the Council by Modern Service. He commented that on
the request of Councilman Taylor packages which include the amend-
ments and the minutes regarding Modern Service since 1976 were
prepared and delivered to the Council Friday. .
Robert Kress, City Attorney stated '.that a memorandum had
been given the Council and he stated that the law suit looms
over what the Council is supposed to be doing tonight. He
recommended that the Meeting be adjourned to an Executive Ses-
sion to discuss the law suit and then see if the Council wants
to go any further.
Councilman Taylor stated.that he realized that there is a
potential law suit, but he had a question regarding the agenda
and the minutes that were presented to them this evening which
were dated March 28, 1978. He inquired why a list of the chrono-
logical order of the minutes were not included in the package.
Frank G. Tripepi, stated that minutes were in sequence but
somehow the message requesting a,list was not understood.
Councilman Taylor requested a backup to the minutes of March
28, 1978 which were amendments to the Contract and which at the
April 4th Meeting were rescinded.
Councilman Taylor also had requested all the letters of
complaint from the citizens, and commenting that the City Attorney
could use them.
Frank G. Tripepi, City Manager, read a letter which had been
sent to the residents which basically states that Modern has now
decided to exercise that particular part of the refuge collection
agreement, but the city has never informed anyone that the City
has decided that they can make those commercial collections.
Councilman Taylor stated that from what has been said that
.perhaps this meeting should be recessed to-an Executive Session.
The Council recessed to an Executive Session at 8:15 p. m.
The Council reconvened from Executive Session at 9:20 p. m.
Mayor Imperial stated while in Executive Session, the members
of the Council and the City Attorney discussed the litigation that
we are involved in with Modern Service and.since there was no al-
ternative, the City Attorney was directed to proceed with the pro-
per procedures representing the City's interests.
City Attorney, Robert Kress, stated that was the report of
the closed session of the Council, other than the Council's in-
struction to the City Attorney to appear and defend the interests
of the City in this matter,there was no action taken.
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2. Councilman Taylor stated that Juan Nunez was at the last
Council Meeting and was requested to bring back a billing from
Modern Service that may show that he was overbilled on his
billing statement.
Juan Nunez, 2702 Del Mar, stated that he had with him a
bill from November 1st through March 31, 1982 in the amount of
$27.80. He felt that he was being charged the increased rate
from November instead of April 1st when it was suppose to start.
He stated that his rate was to be $4.58 per month instead of the
$5.56 which he being charged.
Councilman Taylor stated that what Mr. Nunez is bringing up
is just reiterating again some of the billings that are going out
that the City does.not know about, and no one other than Mr. Nunez
has come to Council Meetings showing the bill. We have had busi-
nesses primarily, but what they are doing in the residential sec-
tor we don't know.
3. Councilman Taylor inquired about the use of,the Auditorium
for-the Public Hearing regarding the Cal Fed Cogeneration Facility.
Frank G. Tripepi, City Manager, stated that there are 2 dates
available, the 4th and 18th of March, and both have tentatively
been set aside for the City's use. He added that if a different
night would be better, he can inquire of the High School.
Councilman Tury stated that it would be alright to have those
nights, but Councilman Taylor stated that he felt the 18th would
be better.
Councilman Tury suggested that we hold the Public Hearing on
the regular meeting of the Council on March 9, 1982.
Frank G. Tripepi, City Manager, inquired if the Council, would
want him to try to get the auditorium for the March 9th meeting.
Mayor Imperial suggested that the dates checked into be the
1st Council Meeting in March or the 18th or some day in between
for a back-up day.
Councilman. Taylor requested that setting the date for this
Public Hearing be placed on the Agenda for the Council Meeting of
February 23, 1982.
Robert Kress, City Attorney, stated that it is theoretically
possible that it can be handled in one night, and that would pro-
vide for a Final EIR to.which further oral comments would be
addressed by the Consultant and by whatever other technical ex-
perts that are there from Cal Fed and he assumes that there will
be a Court Reporter there and there '.:will be.a verbatim..transcript
and that transcript can be incorporated by motion as an appendix
to the Final EIR.
Councilman Taylor inquired when the Council would have the
Final EIR.
Frank G. Tripepi,.City Manager, stated that it could conceiv-
ably be by this Friday.
Councilman Tury requested the staff report that was prepared
for the March 28th, 1978 Meeting.
The Clerk stated she would place it in the Council's boxes.
There being no further business, the Council Meeting was ad-
journed to the next regular Meeting of February 23, 1982 at 8:00
p. M.
Respectfully submitted:
APPR City Clerk
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