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CC - 11-22-05C 0 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL NOVEMBER 22, 2005 The regular meeting of the Rosemead City Council was called to order at 8:05 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 Bante Chao Chu of the Rosemead Buddhist Monastery ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern Taylor and Mayor Imperial Absent: None APPROVAL OF MINUTES: November 23, 2004 - Regular Meeting January 25, 2005 - Regular Meeting February 8, 2005 - Regular Meeting April 26, 2005 - Regular Meeting MOTION BY COUNCILMEMBER CLARK, SECOND BY MAYOR PRO TEM TAYLOR that the Minutes of the Regular Meeting of November 23, 2004 and the Regular Meeting of January 25, 2005, are approved as submitted. Vote resulted: Yes: Clark, Imperial, Taylor No: None Absent: None Abstain: Nunez, Tran The Mayor declared said motion duly carried and so ordered. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Minutes of the Regular Meeting of February 8, 2005, be approved as submitted. Vote resulted: Yes: Clark, Imperial, Taylor No: None Absent: None Abstain: Nunez, Tran The Mayor declared said motion duly carried and so ordered. CC Min. 11/22/05 Page 1 of 35 • 0 MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Minutes of the Regular Meeting of April 26, 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: A SHERIFF'S DEPARTMENT CERTIFICATE WAS PRESENTED TO ROSEMEAD RESIDENT JESSE E.BELTRAN FOR HIS ASSISTANCE TO DEPUTIES IN APPREHENDING TWO BURGLARY SUSPECTS A PRESENTATION WAS MADE TO CITY ATTORNEY BOB KRESS FOR HIS RETIREMENT FROM THE CITY OF ROSEMEAD 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez requested that the City Council consider passing an ordinance or resolution making English as the City's required language. II. PUBLIC HEARINGS A. ZONE CHANGE 05-219 - 4433 WALNUT GROVE AVENUE Al. ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING FROM R- 1; SINGLE-FAMILY RESIDENTIAL ZONE TO R-3; MEDIUM MULTI-FAMILY RESIDENTIAL ZONE, TENTATIVE TRACT MAP 063143 AND ZONE VARIANCE 05-332 LOCATED AT 4433 WALNUT GROVE AVENUE Brad Johnson, Planning Director read the staff report and recommendation. The Mayor opened the Public Hearing for anyone wishing to speak for or against this item. Simon Lee, Architect and Kevin Ly, Project Engineer spoke regarding the project and the acceptance of all conditions. Juan Nunez spoke regarding his concerns for sewer lines with this development and on surrounding neighbors. CC Min. 11/22/05 Page 2 of 35 • 0 The Mayor closed the Public Hearing. MOTION BY COUNCILMEMBER TRAN, SECOND BY COUNCILMEMBER CLARK that the City Council approve, subject to conditions, Zone Change 05-219 and introduce Ordinance No: 842 on first reading. Vote resulted: Yes: Clark, Imperial, Nunez, Tran, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. ZONE CHANGE 05-220 - 8440-8444 DOROTHY STREET BI. ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING FROM R-2; LIGHT MULTI-FAMILY RESIDENTIAL ZONE TO PD; PLANNED DEVELOPMENT ZONE LOCATED AT 8440-8444 DOROTHY STREET Brad Johnson read the staff report and recommendation. The Mayor opened the public hearing for anyone wishing to speak for or against this item. Jimmy Lee thanked Mr. Johnson and explained the project in more detail. Mayor Pro Tern Taylor stated that the project looked good. The Mayor closed the Public Hearing. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER TRAN that the City Council approve, subject to conditions, and introduce Ordinance No. 843. 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 Min. 11/22/05 Page 3 of 35 C. CONDITIONAL USE PERMIT 05-1021; APPEAL - 8772 VALLEY BOULEVARD C1. RESOLUTION NO. 2005-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05-1021 APPEAL ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D; MEDIUM COMMERCIAL WITH A DESIGN OVERLAY ZONE This item was pulled at the request of the applicant. D. PUBLIC HEARING TO CONSIDER THIRD AMENDMENT TO CONSOLIDATED DISPOSAL SERVICES (CDS) CONTRACT TO INCLUDE AUTOMATED RECYCLING AND YEAR ROUND BULKY ITEM PICKUP (This item is Verbatim at the request of Mayor Pro Tern Taylor) Bill Crowe, City Manager: The next item will be the public hearing for consideration of the third amendment to the Consolidated Disposal Services contract. Donald Wagner, Assistant City Manager: Thank you Mr. Mayor and members of the City Council. This item is continued from the October 1 Ith Council meeting to allow Consolidated Disposal to bring back some additional information and the City Attorney requested that we advertise for a public hearing because we are requesting a rate change via amendment to the contract. Basically, what we have done is although staff is recommending Option 1, which is an increase from $12.44 a month to $15.24 per household, which includes automatic recycling, manual green waste and bulky item pickup year round, including e-waste and tires. Bulky item pick up would be limited to 25 items per year and the resident would be required to call in the day before the regular trash pickup. I think Richard, it also includes the abandoned bulky items. Correct? The other two options were also discussed on October 11th. It includes automated green waste for an additional $.30 per month. The requirement on this one was that the contract amendment included a buy back. In other words, if the contract was cancelled by the City of Rosemead and went out to bid again, that the new contract would be required to buy out the green waste containers. However, if the Council did not want to consider the buy out provision, Consolidated would charge $16.93 a month for a complete automated pickup. Present at the Council Meeting is the City's Solid Waste Consultant, Eugene Tseng and also Richard Fierro from Consolidated Disposal. We are also recommending the deletion of the requirement that CDS share 25% of the net revenue from the sale of recyclables to the City. We are requesting that it be deleted from the contract. We've given you a copy of the third amendment in their letter dated October 25th and a copy of the presentation that CDS gave at the October I 1 th meeting. If you have any questions either myself, Mr. Fierro or Eugene can answer them. Mayor Imperial: Public Hearing is now open to anyone wishing to speak on this item. CC Min. 11/22/05 Page 4 of 35 • • Alejandro Gandara: Resident for over 20 years, maybe 30 years. I hope you go with staffs recommendation, it sounds really good and I would like to be able since I have a yard that has an extensive garden that it takes a lot of cans, a lot of green cans to throw my cuttings away. I wouldn't want to have to be stuck having to put them in a green can. That's one of the luxuries of being able to choose how many you need and you only put those out a couple of times a year anyway. And to pay more you don't need very often, doesn't sound like its sensible thing to do. So I hope everybody stays sensible and I hope you take the recommendation, especially if you own more than one home in the city doesn't pay or have to have that green can to be stuck to that. So it's nice to be able to have as many as you want. Because if you do have a nice garden it sounds like some of the members here like designs with larger yards are opposed to what I've being seeing which is stucco mansions that take up a whole lot and nobody seems to be outside anymore. Even though they live in California, I don't understand that. It's nice to be able to have a garden and cuttings do end up with a lot if you take care of a yard. So I hope you go with the recommendation of the staff. It seems to be according to what other people I've talked to would want. Thank you very much. City Clerk: Mr. Flournoy. Jim Flournoy: I agree with Alejandro. Staffs done excellent work on this issue and our trash consultant has done a good job. I have an acre and I frequently put out 20 cans sometimes and so, the automatic green waste wouldn't work. It looks like the e-waste is going to be a bigger problem as time goes on, because of fluorescent bulbs, batteries, computer monitors and all that stuff is going to get much more expensive to get rid of. If this proposal has the idea where the trash truck, has a radio that he can call the flat bed with a lift gate truck and say I see a refrigerator that somebody's child could get into and get killed or a mattress. Call it in and have it on the same day that truck going along that same route picking that stuff up, will save all this emergency work that staff does every week calling in and having to go out and pick stuff up on a special basis. We know that's not working now. I don't think this has a chance of working if that's what the plan is. I don't know how we're going to monitor the 25 items. Problems dealing with people moving out of apartments just leaving a pile of junk, rather than a person calling in 25 times for 25 items. Hopefully, we get that worked out. This looks like it has a lot of chance of improvement of what we have now and thanks staff for this. Mayor Imperial: Next! Brian Lewin: Resident of Rosemead. Basically, they covered some of what I was thinking of saying, except that I would also add that in the case of the call ins, I don't believe that's going to work because the Asian immigrant influx that we've had over the last decade or so, a lot of these people do not speak English, do not understand the rules and will not call in. They are not going to know who to call and in many cases they may not know how to speak English well enough to say what they are going to have to put out. And also, I would question why our staff is recommending giving up our 25% share of the proceeds for recycling program. If they are going to be charging us more to take our recyclable materials, are we supposed to be giving them all the money for the benefit of that. So that basically they get everything and we get stuck with a higher bill. CC Min. 11/22/05 Page 5 of 35 U L Bill Crowe: In answer to that Mr. Lewin, the point was we were willing to give up recyclables so that your bill wouldn't go higher. The recyclable volume we get on an annual basis is about 8 to 9 thousand dollars. It's not too much to some, but we apply it towards reduction (inaudible) for individual households. Mr. Lewin: And how much is the increase just for recyclables? For the change in the recycling program, what kind of an increase are we talking about? In the actual rate hike. Mr. Wagner: Richard correct me if I am wrong, a dollar and a half, a dollar sixty. Mr. Richard Fierro: The recycling by itself? Mr. Wagner: The automated recycling. It's in the staff report $2.33 and then the bulky item was $.57 cents. Mr. Fierro: $.57 cents. Mr. Lewin: So, $2.23. Mr. Wagner: Yes. I'll get you the report. We just didn't want to, you know, we thought it was more productive to keep the increase down as much as we could. I think by, you know Richard we also think it was $.14 cents we were gong to save by detecting that requirement of the 25%. Mr. Lewin: What would happen to the blue containers? Mr. Wagner: They will be turned into the 64 gallon blue containers. Mr. Lewin: Okay, so there will be a day when they collect all of them. Mr. Wagner: Right. And that will take effect on May 1st. Councilman Nunez: Hold on, I think the question was, are they going to pick up those blue containers? Mr. Lewin: Yeah. Are we just going to are they just like souvenirs to us? Mr. Wagner: I've just been corrected. You can keep them. Audience: They are recyclables though aren't they? Mr. Wagner: Yes, they are. Mr. Lewin: So we can put those in the bins? Mr. Wagner: No, I've just been told you can keep those and also you can ask for one more at your request. You can ask for an additional recyclable bin at no charge. CC Min. 11/22/05 Page 6 of 35 • • Mayor Imperial: Okay, don't they come in different colors? Mr. Wagner: You know, I think after a while all you are going to need is a 64 gallon. Mr. Lewin: And I would also like to add my agreement that for green waste that it be kept non- automated, because the amount of green waste varies widely from residents to residents and even within the residents from week to week. Some weeks we have .....we are basically overflowing. Other weeks we maybe have half a one. So I would recommend keeping that as it is. Mayor Imperial: Thank you. Anyone else wishing to speak? City Clerk: Mr. Nunez has a speaker request card. Juan Nunez: I would like to have heard the presentation over. The last time, there was a presentation, I went out to see how much recyclables there was on the street. On October 19th, Wednesday, I went on Guess Street west to Walnut Grove Avenue. There were two blue boxes. On Ralph there were two boxes. On (inaudible) there was one box. On Walnut Grove across from Ralph there was one. One (inaudible), there were seven on Norwood. North of Walnut Grove there was five, five on Marshall west of Walnut Grove. And I've got a different number here. The numbers don't add up to the recycling. I've got here Ivar, Mission to Valley. I've got here Walnut Grove to Wells. I've got others at zero. People don't recycle and those .......those cans will be costing us money. For people that don't use them and we will all be paying for them. The same way with the bulky item. We will be paying for the bulky item for people that throw more bulky items every day. I have called Don just about weekly. Right across the street from where I live, the trash truck comes by no sooner does he come by they bring out a chair or something else that's laid there. I've told Don maybe you could come out there and take a look. Maybe you can give them some kind of a citation. When I bring it? They just don't seem to care. We'll put it there and it's going to be picked up. I've had some conversation with people that get out of their cars and put their trash out. And they say we pay taxes. How much you pay in taxes I ask them? You should see them walk away with their tail between their legs. Mayor Imperial: Okay, keep it clean. Juan Nunez: That's clean (inaudible) they walk away and I told her you probably use more services than you contribute in your taxes. Mayor Imperial: Richard, you got an answer to that? CC Min. 11/22/05 Page 7 of 35 Juan Nunez: The thing that there is not that much recycling out there on the street. And I can go out with the recycle man because I went out to look how many boxes were on the street. I don't think we should be putting that kind of money for that. That's my opinion. I don't know whether anybody else. I came in and ask for a map, because I've got it right here (inaudible) ask you (inaudible) see the date (inaudible) and I went out checked some of those places and I don't. May last bill was $36.00 dollars, now it's going up to $38.65. Now you want to add it up to $50.38 per month. That's $45.00 dollars over three months. A three month period. I just can't see it. I don't know you are the ones that are going to make the decision. No matter how much I talk here, you probably don't listen to me or hear me. Mayor Imperial: No, no that's not true. Juan Nunez: I've got the bill here. I just got it the other day and here's the bill, you want to see it? Mayor Imperial: Can we see it? Juan Nunez: Sure, here's the bill that I got for November, December, and January. As I said, I didn't cover all the streets in the city, but I covered Columbia two, west of Jackson two, east of Jackson on Columbia. On Hellman, west of Del Mar there were none. On Stevens south of Hellman, there were three to Emerson. On Emerson two, west of Jackson to New Avenue. On Del Mar there were two north of Emerson. On Emerson east of Del Mar there were four. Councilwoman Clark: Mr. Mayor could I (inaudible). Juan Nunez: and another thing I want to say on this recyclable, people who go and throw trash in there and the guy that comes in the truck can't see that. The other day they had a party right up from my house and they threw some garbage into my green recyclable and he just happened to be there. Manual was going to pick it up, was going to leave that can there and I understand that you can't have any other trash besides green waste, they won't pick it up. And I just happened to be there and he was to get the one that didn't have anything. The one that had the I just thrown that stuff into the people's yard that had the party and he emptied it into the truck. Councilwoman Clark: Hopefully the Mayor Imperial: Thank you, let me close the public hearing. Juan Nunez: Don't close the hearing, I'm not through talking. I'm still talking. Councilwoman Clark: I want to answer what he is saying and ask him a question. Hopefully the blue roller cans that we are going to approve, will have lids to it and will hopefully help that situation about trash going in. It's going to be like your black one except they are blue. Juan Nunez: The lids are on top of those. Councilwoman Clark: Well, whatever. At least they won't be open. CC Min. 11/22/05 Page 8 of 35 • • Juan Nunez: Like I said before, there are people, I don't know whether it's just in my area, I see cans that are (inaudible) they are piled up and I thought one of the reasons to use those cans was they would be contained. Put some trash in and close the lid and the truck comes in to pick it up. Councilwoman Clark: Wait a minute, I want to address the issue of cost. I want to ask if you know what AB 939 is? Juan Nunez: Well I know that's where you have to keep the trash down. Councilwoman Clark: Yes, we have to reduce our trash that goes to the landfill by 50%. We were supposed to do that 2000. And what are we at now Eugene? Mr. Tseng: Around 40. Councilwoman Clark: We're not at fifty? We have to get more recycling done or we could be fined $10,000 a day. Your talking two dollars on your bill Juan. If we don't meet those, we could be fined and that would have to be passed on to the residents. So you are talking penny wise and pound foolish. Juan Nunez: As I said before, some of those people don't speak English or they don't care. Councilwoman Clark: Okay, I'm just going to make one last comment and then we will close the public hearing. Juan Nunez: No, because I want to talk about as long as I can and let you know what's happening. Councilwoman Clark: I'm aware of that. Hopefully, when the new cans are out and I want to request that staff does this. When they get the new cans, I think we should have a public relations campaign where we tell people what it's for, what can go in there and why we need to do it. That the rates could go up further if we don't meet these mandates that the State has passed down on us. And then hopefully there will be more. I actually went around and saw some and I found two recycle bins overflowing with the cardboard just yesterday. So it shows me that we do need the recycle bins, the blue ones that will hold more. I'm always putting out two of them myself. Juan Nunez: We recycle at home and we have the blue boxes and we would recycle anything from Councilwoman Clark: But this will hold them all, I'm through for now. CC Min. 11/22/05 Page 9 of 35 • Juan Nunez: I don't know whether they will throw them out, because as I say the other day, there was a man next to my property, there and there was a can and I saw that can there in the yard, and I don't know what he had, oil in it, I tried to open it. Later the man came over and took it further into the property. But, when I was away from the front yard, my wife says he told the man coming in some cans they had picked up from across the street. And I didn't see any cans, so I think he went over this is what I'm saying that you will let them put anything in those containers. And no matter how much we try. You and I and him, I mean the next of the public will probably put in there more than we are supposed to. And that's what I'm saying. Close the public hearing. Mayor Imperial: Someone else wants to speak on the public hearing? Would you like to speak? Tony Jayme: I didn't think I was going to come and speak to you people. I know most of the councilmember's here. You know me, I'm Tony. Anyway, I did not think I would speak, I have a hearing problem and I didn't hear what you were saying. So I went like this to see if I could hear somebody, but it's kind of low for me. Maybe I'm the one that's hard of hearing. I came since this subject of picking up green and e-waste and tires. I think the increase would hurt a lot of us that depend on social security. Now we don't get very much. Now we don't .....maybe some people get more than others. But I can't afford a vacation. I cannot afford a new car, I would like to, and I cannot afford anything. I cannot afford to eat as I would like to. But I think the increase is a little out of site. I would suggest there's a three month period to put e-waste or bulky stuff. It would be more than normal. I don't have (inaudible) I cannot lift myself. I have to have somebody do it for me. So I plan what I want to throw away and the increase I think they are a little bit out of site. Now the bulky or the greens, maybe once a year. The fruit trees or trees have to be trimmed. Maybe once a year. I personally will throw you know greens. Other than that to make things small, I recycle leaves, grass and everything. I recycle to keep my waste down. I cannot take out the (inaudible) trees all the time. Pardon my voice, I've got a bad cold and lung congestion. But this recycling thing that is going on, I think I have suggested that it would be a good idea to have higher containers that can be thrown in the bin of a truck to take plastic. Sometimes we have cardboard from merchandise that come in that are too bulky to put it in the container. So if they cannot throw it in the bin, they can pick up the cardboard. (inaudible). One time I put two of those big 60 gallon and they were charging me $800 dollars because that had a number of apartments. Well I had no choice. I talked to the, man that it was not somebody else. It was mine. I had too much things that accumulate and you have to throw away sometimes. Now I can't do very well on that like I used to, but I,think it should be audit on this things that if recycle doesn't pay, why waste the time recycling it. If it be audited. Councilwoman Clark: If recycling doesn't what do you mean? Mr. Jayme: All the recycle that we do green bottles, and whatever we throw away for recycling. Have been audited, can we get another can to replace our damaged cans that are being thrown across the street? I cannot afford to be buying plastic cans that are no good. They just throw away in a few months. If I had a job maybe I wouldn't mind, but since I can't work, every little thing counts. I have to eat and pay my bills first, and if there is anything left over, then I will enjoy whatever I can buy. So Councilmembers, I know all of you, some personally and some not personally, but this increase on everything. Every company, the utility wants to increase some percentage. I don't get an increase. I get 5% increase or 2% that (inaudible).takes the money. What increase do you get? CC Min. 11/22/05 Page 10 of 35 • • Mayor Imperial: What's your address and telephone number in case we want to contact you? Mr. Jayme: Don has it, so I would appreciate that you know the increase would keep it in perspective to help other people that are unable to you know, to be able to put up money that maybe it's not necessary to do to pick up e-waste and tires and all those items maybe once a month or three times a month like they've been doing, it to me is fine, because half of the year I don't even put it in. A lot of times, I cant do it, so I thank you for listening and I know some people know that I talked about it on some of the items that were not picked up by the company that does the work to pick it up. Thank you. Mr. Lewin: I just had two other things that briefly occurred to me relating to that gentleman's comments. I do think that also especially for fixed income people that some allowance should be made on the increase. And we might also want to take a closer look at the increases. Vis a vis where Consolidated can be saving money by possibly having fewer members running the automated trucks. Like one person rather than two for example. Also I do think that the public relations comment about recycling is a very good idea and I would also recommend that everyone remember to put it in all four relevant languages. Because again there are a lot of people in our neighborhood who do not speak English at least not that I can tell and are going to be very unfamiliar with the rules and regulations regarding this and if all they see is English they are going to toss it. They'll have no clue and they're going to just put their toilet seat or toilet on the curb on trash day. So I think actually whether we do this or not I think some kind of public relations campaign would be in order to underline the reasons, because there are other people around us who do not recycle anything or very little. In fact one of our neighbors has two big black trash cans and basically recycle nothing. They gave us one of their bins. So obviously, we need to mount a little bit more, create a little bit more awareness of this issue. Thank you. Mayor Imperial: Anyone else wishing to speak? Speaker: Rosemead resident. I just want to know what kind of results do we expect from this increase? Are we guaranteed something? I am willing to pay for more Mr. Wagner: It's $12.44 to $15.24 almost $2.80. I think what the reason staff recommend is going to do two things. First thing is going to clean up, it's going to make a big dent on bulky item pickup situation. That a few people in the audience are looking at the (inaudible) and the second thing is we have been assured by our consultant that it will bump up our numbers. That's what we really need to do. Speaker: You have a measure of that on something? Mr. Wagner: Maybe he can answer your questions. Eugene Tseng: Consultant to the City on this matter. Mayor Imperial: Can you talk into the microphone, please. CC Min. 11/22/05 Page 11 of 35 • Mr. Tseng: Eugene Tseng, consultant to the city on recycling and solid waste. I've actually worked with over 50 cities in California. Generally when we go from a manual to an automated system, you actually will increase the amount of recyclables by 2 1/2 times. So if you collect 100 pounds per month, you end up with 250 pounds per month. That's because the larger trash cans are less susceptible to scavenging. We also have more people participating (inaudible). Smaller cans sometimes a lot of people don't even use them. That's why sometimes you don't see them outside. Mayor Pro Tern Taylor: Mr. Mayor Mayor Imperial: Yes. Mayor Pro Tent Taylor: You made the statement that it increased, how much? Mr. Tseng: It's about 150 pounds, a hundred pounds per month to 250 pounds a month. Mayor Pro Tem Taylor: And we're getting 42% right now? Mr. Tseng: While it's actually in there, no exact number for the City of Rosemead is required from the regional agency. But before you joined, you were actually in the high 30's or low 40's. It flexuates year to year. Mayor Pro Tern Taylor: So what does this do to us now? Mr. Tseng: The State is actually not looking so much as the numbers, but are looking at the kinds of programs that you implement. That's called a program based compliance. They actually try to see if your programs are running efficiently or collecting as much as you can. And the norm right now for residential is an automated system. So that's what they, even the state has recommended that the City go from a manual to an automated collection system. Mayor Pro Tern Taylor: Thank you. Speaker: What about bulky items? People throw trash out (inaudible) how can you (inaudible) Mr. Wagner: Sir, we're hoping that and Richard can back me up on this. We're going to have year round bulky items. So if your going to leave an item out, just leave it out on your trash day, the day before and please call Consolidated and tell them you're going to have one or two bulky items. Now they are limiting this to 25 items a year. Speaker: Personally it's okay with me. Other people trying (inaudible). How are you going to control that? CC Min. 11/22/05 Page 12 of 35 0 • Mr. Wagner: While the increase it's going to be like it is now. Juan Nunez calling me and telling me there is something there, an abandoned bulky item in a particular area, or it is one of our Parking Control Officers or somebody like myself. You know on my way into work, I might find it out on a corner. You know not near a residence and I'll have to call it in and have it picked up. Now Consolidated has said you call it into them before noon, it can be picked up that same day. If it's called in the afternoon, it will be picked up the next morning. Because everyday, Monday through Friday, they will have a truck out picking up bulky items for that particular section of the city. For Monday's section, we will have the truck out for bulky items on Monday. They will have enough flexibility to also pick up other areas of the city. So you know our, I mean it's (inaudible). Mayor Imperial: Are you done? Mr. Wagner: Yes, sir. Mayor Imperial: The question, I think the man was trying to ask, is if somebody comes by and dumps something in front of his house, how does he know whether he's going to pay for that or not? Mr. Wagner: He's not. Mayor Imperial: Okay, that's the question he's asking, I think. Speaker: That's guaranteed? Mr. Wagner: Yes, sir. Juan Nunez: And all this talk here, you know and sometimes and I don't know whether person gets out and walks the streets. You go over here under the Edison lines at the wash and I don't know whether somebody puts (inaudible) in there for four or five months. That stuff has been there, some cardboard in the bushes. Mayor Imperial: Where at? Juan Nunez: North side of Valley at the wash. Mayor Imperial: Which street? What street is that? Juan Nunez: At Valley. Mayor Imperial: Valley and what? Juan Nunez: The other side of Walnut Grove and also I don't envy Maggie (inaudible) have I reported. There is a telephone box or some kind of control box over on the corner of Hellman and New Avenue on the north east comer. That box has been there, I don't know, for three months I guess. Nobody has Mr. Wagner: Hellman and Newmark? I thought you said Del Mar and Newmark. CC Min. 11/22/05 Page 13 of 35 • • Juan Nunez: New and Hellman. Mr. Wagner: New and Hellman. That's Juan Nunez: New and Hellman right where the (inaudible) has the offices right there. That's Rosemead isn't it? Northeast corner. Mayor Imperial: Rosemead ends on this street. Councilwoman Clark: Yes, that's Rosemead. You go across the street that's Monterey Park. Juan Nunez: If you go down Hellman and you make a right turn on New going to Alhambra, isn't that Rosemead? Speaker: Yes it is. Councilwoman Clark: Yes it is and you say there is a box. What is it? Juan Nunez: Some kind of a control box. I don't know if it is a pull box or if it's a traffic control box or what it is, somebody ran over. I don't know (inaudible) .I don't know what they did to it. It's down. Councilwoman Clark: But I'm not supposed to ask you why you did not report it. Juan Nunez: No because you ask me a question when I reported the Palms right there on the corner of Hellman and Del Mar. Also on the northeast comer that I told you the Palms were dead. They had been dead for ten years I guess. And you ask me one day when I had mentioned it you said have you reported it to Don. While you know Juan isn't the only one that goes on those streets you know. Councilwoman Clark: Well, but if you see it, you should report it. Audience: (Inaudible) you hadn't reported it. Now we all have to listen to it. It's a lot. It's a lot. Juan Nunez: This is what I'm saying. Somebody has to get out of their cars or I don't know how to you know I do report it. But sometimes you guys get it taken care of and sometimes it doesn't. Mayor Imperial: Juan, let me ask you a question. You probably have registered more of these complaints than anybody I know in my time on the City Council. Have they ever refused to go out and look at something with you? Juan Nunez: Not (inaudible) we don't go out and look at it. Mayor Imperial: No, wait a minute, I went out with you as well as other people.... CC Min. 11/22/05 Page 14 of 35 0 • Councilwoman Clark: And I have too. Mayor Imperial: On this Council, I have personally went out with you and late at night sometimes. Juan Nunez: Where? Mayor Imperial: Across the street where the Valley Grill used to be. That's one of them, but that's not the point. If you're going to get up here and tell something, that's fact, that's fine. And we're listening. I'm just asking you a question that you've always gotten service from this Council. Juan Nunez: Across the street when you got out first, you made the light on Valley and you kept on going. I came I went over there and you didn't show up. I came back and I saw, what's his name, Milan here. And he called Don and Don had you on the radio and you turned around and came back. Mayor Imperial: You want to know why? Because your instructions weren't that good, otherwise I would have went there the first time. Juan Nunez: Then you weren't paying any attention to what I was reporting. Mayor Imperial: Juan, thank you very much. Next. The public hearing is closed. Mayor Pro Tern Taylor: Mr. Mayor. A couple of questions to Mr. Jayme. Councilwoman Clark: Anthony Jayme. Mayor Pro Tern Taylor: Mr. Jayme, do you have a senior rate for your Mr. Jayme: I didn't hear you. Mayor Pro Tent Taylor: Do you have a senior rate for your trash pick up? Mr. Jayme: Try again, I did not hear you. Mayor Pro Tern Taylor: How much do you pay each month for your trash bill? Mr. Jayme: I don't have the bill here, but I think it increased some. Mayor Pro Tern Taylor: Do you have any idea of how much you pay? Mr. Jayme: I was paying I think $21.00 for the three months or $19.00. Mayor Pro Tern Taylor: Okay. That's fine. That's what I wanted to know because the senior rate is $8.28, so it is roughly $24.00 is what you were paying. If you thought around $21.00. But the R-1, the resident is paying $12.44 or it was $12.24, something like that. The normal rate is $36.00 to $37.00. Your in the $21 to $24 dollar range. So I believe you are getting the senior rate. CC Min. 11/22/05 Page 15 of 35 • • Mr. Jayme: Yeah, I understand that, but any increase would not help. Mayor Pro Tem Taylor: I appreciate that and I know that the rate will go from $8.28 to $9.80 and its going from well that includes the recyclables. For the resident R-1, it will be going to $15.24 or $15.64. $15.64 with the bulky pick up, some where in that range. Mr. Jayme: But the thing is on the bulky pick up maybe some people have it and other people don't have it. And us, we don't put out a whole year round bulky stuff. Why should we pay any extra money. And beside they were supposed to use a recycle profit to give us new cans. Now the cans that we buy in the store are not worth what they charge. Ten dollars, fifteen dollars, whatever. Now if they can get good cans. I don't mind paying two dollars, three dollars if they are good cans. That would stand the beating that they get, when they throw it on the dumpster. Mayor Pro Tern Taylor: Thank you for your comments. Mr. Wagner you made a comment that they can get an extra bin for free. Mr. Wagner: Yes, sir. In the staff recommendations, Option One, you can get an extra recycling bin. Mayor Pro Tern Taylor: Wait. Wait, you're saying Option One, I'm reading the legal contract. You get one bin and that's it. It says nothing about an additional bin free. Read the contract. It says on the contract, page one, you will get one minimum 64 gallon container for commingled recyclable materials, etc. Mr. Wagner: No, you are right. It's not in the contract. Mayor Pro Tem Taylor: We're telling people they can get an extra one free and they can't. Mr. Wagner: Can we add that in Mr. Kress? Mayor Pro Tern Taylor: Well, there's the contract right there. Bob Kress, City Attorney: Well the third amendment to the contract that you are looking at unfortunately with all of the hearings you've had and this has been sort of a moving target. The proposal keeps changing and it has.... so we can definitely add that into what you're looking at and correct it. Councilwoman Clark: I don't think that is what Mr. Jayme wants. He's talking about the green waste, because we had an extensive conversation about this. He's talking about the green waste containers, aren't you? Mr. Jayme: Yes. The green waste and the recyclable bottles, cans, and etc and all that, and also the greens. Councilwoman Clark: The recycle bin will be a roll out with wheels and a lid. CC Min. 11/22/05 Page 16 of 35 Mr. Jayme: That would help. Councilwoman Clark: That's going to be free, but we will not, they will not be supplying the containers for the green waste, you'll buy them at whatever store, Home Depot, whatever. Mr. Wagner: It's a regular 32 gallon container and you can buy at K-Mart. Councilwoman Clark: And you can put out as many what I plan to vote for, the Option that I plan to vote for, is unlimited amount of those that you can put out including branches that are bundled and whatever. But they will not be supplied, those containers you buy them where ever you want. Mayor Pro Tem Taylor: They only provide one. Councilwoman Clark: No, they're not providing at all. Mayor Pro Tern Taylor: It says in the contract one minimum 32 gallon container for green waste and if I'm not mistaken is that the one was already have? Mr. Wagner: Right. Mayor Pro Tern Taylor: Okay, so they are not providing this new contract, it used to say in here, already existing, but it does not say that now. So scratch that out. Councilwoman Clark: So my point is, I don't think Mr. Jayme is talking about a second black can. Mayor Pro Tern Taylor: I was talking about the blue when you were talking about it. I wanted to make sure what Mr. Wagner said the people don't expect an additional blue container for free. Councilwoman Clark: Right. And we're not talking about adding another additional container for free, you just talked about that, Mr. Kress. Mayor Imperial: Mr. Jayme is that all you had? Councilwoman Clark: You said we could add that in if we want to. I don't think we need to. Mayor Imperial: Is that all you had? Mr. Jayme: I'm trying to hear, because I don't hear over there. Mayor Imperial: Why don't you sit in front so you can hear. I'm going to close the public hearing now. We can go on and do what the Council intends to do. Mayor Pro Tern Taylor: If they order a second, here it states, excuse me that was the green container, a dollar a month extra. There's no mention of an extra blue container. CC Min. 11/22/05 Page 17 of 35 • 0 Councilman Nunez: Excuse me Mr. Taylor, I'm sorry to interrupt you, but I just wanted to ask a question of the City Clerk. Has the public hearing been closed? City Clerk: Yes. Councilman Nunez: Okay, thank you, I wasjust wondering. Mayor Imperial: I was told to pen it up for somebody that hadn't talked. Mayor Pro Tem Taylor: Mr. Mayor, getting back to it is closed Mr. Nunez. Councilman Nunez: Hold on. The public hearing has been closed for sometime now has it not? Mayor Pro Tem Taylor: Yes. Councilman Nunez: Okay, the question was asked of the gentleman, okay, but the public hearing was not re-opened, right?' Mayor Pro Tern Taylor: No. City Attorney Kress: It does not need to. Councilman Nunez: Okay, thank you. Mayor Pro Tern Taylor: Getting back to this extra, there's going to be one blue container that each resident will get. Mr. Wagner: Upon request, Richard I can't see the (inaudible). At the customer's request, Consolidated will provide an additional blue recyclable bin. I'm sorry I missed that in the contract. Mr. Kress can you add that language to the contract? Councilwoman Clark: Is that free or pay? Mr. Wagner: That's free, it's free. City Attorney Kress: It doesn't say that in the contract, Gary. Mayor Pro Tern Taylor: That's why we have contracts. Mr. Fierro: Mr. Mayor, Richard Fierro from Consolidated Disposal Service. Let me, I have to be the Christmas grinch at this time. For two reasons, in November the price of resin increased. We didn't come back to the Council and say that the rates for the containers were going to increase. We have no control over it, but we held the prices down to the prices we have already committed to the Council. We're also been notified that the price will rise again and a fuel surcharge is not going to be added to the shipments that we receive from our supplier. Saying that, the monthly costs that we have quoted to you of $2.22.which I might also say does not just include the container, it includes CC Min. 11/22/05 Page 18 of 35 the trucks, the recycling trucks that we will be purchasing, three trucks and a flat bed truck we'll also be buying. All the cost sometimes people think that's the price of a container. No it isn't, it's price of the entire program to put it together. So saying that, if a person now as of today wishes a second container. That container will cost him a dollar twenty-five ($1.25). Mayor Pro Tern Taylor: That's not a problem. I just want to clarify. Mr. Fierro: The black container, the cost to get a second black container which we hope no one has.... sorry to hear there was a neighbor using two containers. There is a charge for that second container of two dollars and Mayor Pro Tem Taylor: $.14 cents Mr. Fierro: Something like this and that is an incentive for people not to get black containers. But to get the recycling container. So there was another issue of the, of the, just real quickly, the public relations that we plan on doing will be in four languages. It will be in English, Spanish, Vietnamese and Chinese. I hope that will be enough because we found people that will do it. We also will do the publication in a Vietnamese and two Chinese newspapers and the fourth one is a bilingual newspaper that we'll be putting ads in those papers along with the English speaking papers and the Spanish speaking papers so that people will have the information in the newspaper that they read. In fliers that we will mail to them and in fliers that will be connected to the containers themselves. So when they bring the container into the house there will be a flier attached to that. In the four languages that the people will read. Mayor Pro Ten Taylor: You did say that the contract the cost increase of two dollars and whatever that is, 70cents or that includes one blue barrel. Mr. Fierro: Yes sir, 65 gallon blue recycle bin. Mayor Pro Tem Taylor: Right, an additional blue barrel will be a dollar twenty five ($1.25) and that is reasonable. I'm not questioning that. I wanted to make sure people get a bill and say what's this for. Mr. Fierro: When they call for a second one, they will be told that, so it's not a surprise to them when they see that in the invoice. Mayor Pro Tem Taylor: One will be plenty for one for a month. As far as, I'm not going to be putting it out every week. There's not that much. There were several other questions that I needed to get cleared up. What It's very adamant in this contract that the customer or the resident must call in advance. And it's very, very clear must call. What happens if the customer does not call? And there is something out there in the front yard. Mr. Fierro: Well, the program in itself is kind of a two phase program. There is the program was originally set forth. That we would pick up bulky items on the trash day hoping that the customer would call. Then because of the concern and the problem that the city has with the abandoned bulky items that we then proceeded than to cost out the cost of the abandoned bulky items. If a person CC Min. 11/22/05 Page 19 of 35 • 0 misses their bulky item week because (inaudible) bulky item trash day. If their trash day is Tuesday they forgot to take it out all they've got to do is call us. Somehow we need to have that information. Whether they call us or a neighbor calls us, the city calls us. Mayor Pro Tern Taylor: But they have to call you 24 hours in advance. Mr. Fierro: At least 24 hours in advance. Mayor Pro Tem Taylor: Of their normal pick-up day. Mr. Fierro: Yes sir. Mayor Pro Tern Taylor: If they put it out on Tuesday, that's their normal pick up day, they did not call you. What happens to that pick up? Mr. Fierro: It will probably be picked up the next day at the latest. The supervisor as he's cruising the neighborhood if he sees that items not picked up before the morning he will send the truck back to pick it up. The truck will also pick up any abandoned bulky items throughout the city. Mayor Pro Tern Taylor: This contract, the third revision, now thm have does not use the word abandoned appliance at all. It's gone. Mr. Fierro: I will work with the city attorney and city manager a little bit closer to make sure that the verbiage in the contract is exactly what it. Mayor Pro Tern Taylor: It was in the other two but now the word is gone. What constitutes an abandoned item? Mr. Fierro: An abandoned bulk item can be either something that's in the corner of a street that is not in front of a house. It could be outside an apartment. It could be on the corner of Valley & Rosemead. That somebody throughout the night pulled over in a pick up truck and dumped a mattress out on the comer.An abandoned could be Mr. Nunez walking the streets and saw a couch laying on the street corner. That there is no owner to that couch. When we get called on that we will pick it up within a 24 hour period. Mayor Pro Tern Taylor: That makes perfect sense. I didn't want a homeowner, because they missed their day or they did not call in that item, you're telling me will be picked up the next day at no charge. Mr. Fierro: Within 24 hours. Mayor Pro Tern Taylor: Because your driver is telling you, your supervisor is telling you, that an item was missed. Mr. Fierro: Correct. CC Min. 11/22/05 Page 20 of 35 • 0 Mayor Pro Tern Taylor: and there's not going to be a charge to the city for any of these extra pick up. Mr. Fierro: Correct Mayor Pro Tem Taylor: My real concern about the whole thing is that according to the report that was done on our rubbish pick up, you have 11,444 homes to pick up every week. Mr. Fierro: Yes sir. Mayor Pro Tern Taylor: That is equivalent to 595,000 pick up during the year. And I don't want to have to hassle with the resident because they did not call in and the logistics, and I've said this before; the logistics are way out of line. How de we enforce this? How does the program operate? And the foreign language we're at least ......the last statistic was 52% Asian., I'm going to jump it up and the way things are going it might be 56 or 58%. How do we .....how do we communicate to them other than in their bills or whatever or what is mailed out. I see a horrendous problem there. And when I mentioned 595,000 pick ups a year for the city its mind boggling. The potential headaches you're going to have and we're going to have. Mr. Fierro: Mayor Pro Tern Taylor, I understand and I don't know how it works. I'm not sure there's a magic genie but we don't have that problem. People do call. Asian people, Spanish speaking people they do call. They understand whether it be a friend, a neighbor they do call. It is not the weekly or the people that put out the curbside or don't. Believe me, they might miss it the first or second time. They won't miss it more after that. Someone will educate them. We will educate them, their neighbor will educate them. The problem that the City of Rosemead has is not with your regular tenant. It is the abandonment of people tossing thing of just you know just because they don't want to hassle with it. It is not the Asian's, it's not the general population. There is just a certain population, not just in the City of Rosemead, throughout the areas that people just you know it could be the renters. It could be a person you know we had a box. There is one of our cities and I told them as long as your keep that box, the roll off box out in the street, open like that its almost like telling the people please come and bring the trash here. Because every Monday, their code enforcement people or their department of public works people are having to spend a couple of hours cleaning up. I said you're leaving a box in the open, you're letting people from all the neighborhoods, not just that particular city come dump your stuff off there. Why people do that, I wish I had an answer for you. But I think that I feel confident that after a few months, six months or so, with this program you're going to see a considerable difference in the cleaning of bulky items. Mayor Pro Tern Taylor: I would hope so and what you're saying we all want to be optimistic about it. But if it's not clearly understood, we're going to tell the residents that you can have bulking pick up items every week, fifty two weeks out of the years. And that's when the confusion could come in that "gee do I have to call every time I want to put something out?" Which it says in your contract and I think that's reasonable. Mr. Fierro: And if I may just correct you, one little thing you said, 52 times a week? CC Min. 11/22/05 Page 21 of 35 • 0 Mayor Pro Tern Taylor: I mean 52 times a year. Mr. Fierro: 52 times a year. It's, we're limited to 25 times per household. Mayor Pro Tern Taylor: Okay I agree with that. Mr. Fierro: We thought 20 was ample because that's what all our contracts read, in all our cities that we service. What I understand from some of the councilmember is they thought they wanted a little bit more because of the bulky items problem we had here. So we removed the 4 times per year call. You can call up to 25 times and have one item picked up every single time. Mayor Pro Tern Taylor: Now say that again very slowly. Mr. Fierro: Okay. We remove the at first we said you could call us up to four times a year and you could have up to 20 items per year to pick up. What we have done now is we have removed the times the quantity of time that you call Consolidated. You can call us ten times, twenty times, as long as you don't go over the 25 items per years. You have to understand that bulky item pick up is meant to help the resident get rid of that refrigerator, that couch or washer/dryer because they just purchased a new one. And they don't know what to do with the old one. Mayor Pro Tern Taylor: the reason I wanted to make that perfectly clear is because it had stated before that you could put out 5 bulky items four times per year. And that's on the bill that Mr. Nunez just showed us with all four dates for next year for four bulky pick ups. Mr. Fierro: Again, all that will be put in the fliers that we circulate throughout the city. Mayor Pro Tem Taylor: No, no, I'm saying that its in there. That you can put out four or five bulky items. But it gives you the week that they have to be put out. Now that's gone. Mr. Fierro: Correct. Yes sir. As of January first that part will be gone. Mayor Pro Tent Taylor: Okay, it's on my bill also. So as long as that's cleared up in their billing or whatever it might be then the confusion you away. Because it states in your points sheet that you have. You would get four pick ups per year. At four or five, whatever the limit was. But now your making it clear that a person can put out one item and it is not counted as a one item bulky pick up. He can have 25 total throughout the year. Mr. Fierro: Yes sir. Mayor Pro Tern Taylor: Individual, that's perfect. That's what I wanted to cleared up. Mr. Fierro: Also, if I might add that does not include the E-waste. The E-waste is separate so you can have 25 bulky items and four sets of tires and 2 color TV sets and all at the same price. Mayor Pro Tem Taylor: It did include those two together the E-waste was originally included as a bulky item. CC Min. 11/22/05 Page 22 of 35 E 0 Mr. Fierro: No. that's always been separate. That's always been separate. Mayor Pro Tern Taylor: Okay, as long as that's cleared up. Mr. Fierro: And we will make that clear in our publication. Mayor Pro Tern Taylor: Great, we're getting real close. Mayor Imperial: I wanted to point out something, you have your supervisor on what have you going around and if he sees something they have it picked up that day. Mr. Fierro: Yes, sir. Mayor Imperial: Somebody is getting the wrong information Richard. For the simply reason I was going down the street in an area where mattresses or what have you are out there. And they have been there for two, three, or four days. And I told Don I wanted to have a call to pick them up. And they would still be there two r three days before they pick them up sometimes. Something is wrong. Mr. Fierro: Okay, the program I'm talking about is the new program commencing on January first. We have not purchased the trucks yet. We will have, right now we do not have the vehicles in the city. We only do it once a quarter. Unless a customer calls us specifically and pays for that pickup. Mayor Pro Tern Taylor: You lost me. Now you jumped back to you only do it once a quarter. Mr. Fierro: Currently we have the once a quarter pick ups. We just finished that. The next quarterly pick up is at the end of January. That will not happen. We're going to start this program if it is passed today on January I st or January 2nd, so that you will have the bulky items pick up on a weekly basis. What the mayor is saying is that because our trucks are only here once a quarter and wasn't able to be picked up. What happens right now is when we get a call our supervisor puts the list together and he spends Thursday and Friday of that week picking up all the bulky items that he got back from throughout the week. So they are normally picked up by the end of the week. So Monday we start fresh. What we are going to be doing different next time around starting January second is that everything will be picked up within 24 hours. No more that 24 hours. Now what we missed being started new we might miss here or there but eventually we'll get to the point where we're picking up that same day or within 24 hours. Mayor Pro Tern Taylor: As I said we are getting real close. Once I went back and picked up on seventeen weeks of the weekly list that you get. Mr. Fierro: Yes, sir. Mayor Pro Tem Taylor: I have ask Mr. Crowe for the past five months or so for a list of the residents that were billed for picking up bulky items. He has never gotten the list and I think you.... CC Min. 11/22/05 Page 23 of 35 • Mr. Fierro: I have that list for you sir and I will get it to you. It's .....we have neglected in not charging the residents for any of those items we just picked it up ourselves. We just carried the cost ourselves. Mayor Pro Tern Taylor: Okay, I appreciate that and here it is five months later and you're telling me now you have a list. Mr. Fierro: It took me a while for me to get that list. Mayor Pro Tem Taylor: But this is going back 2 years. Mr. Fierro: Right. Mayor Pro Tern Taylor: Anyway, we are getting a list there, but it states in there seventeen weeks that I total up everything. No address. In other words you listed a cross street or a dead end street, where something was listed. In that seventeen week time frame there was 25 items. That to me is an abandoned item. Mr. Fierro: Yes sir. Mayor Pro Tern Taylor: So that's pretty good odds as far as the cost of whoever picks up that abandoned item. And since they are abandoned I'm assuming that the city is going to get a bill of $16 dollars or $17 dollars whatever that cost is. Mr. Fierro: (Inaudible). Will bill something and some times (inaudible) Consolidated (inaudible)... Mayor Pro Tern Taylor: The new contract it will be straighten out that abandoned items the city is going to get charged for those. Mr. Fierro: No sir. Councilmember Clark: No. Mr. Fierro: Abandoned as we picked them up. Because it is included in the rates that's...... Mayor Pro Tern Taylor: The other item is the E-waste in this seventeen week period there was a hundred and forty nine E-waste pick ups or nine per average week. So these numbers are pretty low from what I just put together out of these random 17 weeks. And I have to admit it's looking good as long as the logistics are being worked out. And that's what I think we are doing right now. Mr. Fierro: Remember those 150 e-waste that you mention, are those that have been abandoned? There was also homes that were (inaudible). Mayor Pro Tern Taylor: They all have an address. CC Min. 11/22/05 Page 24 of 35 Mr. Fierro: What I mean, they weren't called directly to Consolidate or else we would have picked them up and they wouldn't be on that list. Mayor Pro Tem Taylor: This is why I wanted to make the point clear they were listed at an address for a resident. Mr. Fierro: Because somebody can stop by and dump the bulky whether it be e-waste or whatever in front of Mr. Wagner's home and we put his address on there. Mayor Pro Tem Taylor: Okay, there has to be reasonable. Mr. Fierro: It wasn't that he put it out. Someone dumped it on his yard. But we need an address created to so that eventually we can then bill the customer. Mayor Pro Tern Taylor: So all those so called abandoned TV's that get put in front of somebody's home there is not going to be any charge for those because that 10 cents a month that going into every bill covers all the e-waste pick up in the city. Mr. Fierro: Yes, sir. Also tires Mayor Pro Tern Taylor: Tire's that was another item. When a single item is picked up what do we charge? What do you charge for a ......gosh how are you going to charge anybody for picking up anything? Mr. Fierro: But were not going to be charging anybody anything anymore. Mayor Pro Tern Taylor: That's terrific. Gosh, we're getting there. Mr. Fierro: I need to share something with the council if I may. Unless, you have another question sir. Mayor Pro Tern Taylor: Up until now these questions weren't answered. And that is why I've been pressing for them. Why I've spend so much time. It's my job. Mr. Fierro: So, were okay. And you do it well sir. Mayor Pro Tern Taylor: Thank you. I'm ready to make that motion. Mr. Fierro: Okay, here we go. I need to ask the council a large favor. Yes, Puente Hills the landfill that we gear our raises to is increasing their rates in January. They have done so the last two years. They have increased our rates. We had not been able pan those rates onto the city with only maybe two or three months left. What I'm saying is that they increase the rates in January we don't come before the city until August, September or October. During all that period of time we're not made whole for that increase. But we have no control over it. That particular increase is done by the Sanitation District. What we are asking and I have a letter to the council. Actually its addresses to Mr. Crowe, excuse me. The increase itself is a 2.4 increase. It's going to be implemented by the Sanitation District. CC Min. 11/22/05 Page 25 of 35 Mayor Pro Tem Taylor: 2.4 percent. Okay. Mr. Fierro: 2%. It's going to be implemented by the Sanitation District as of January 1 st. It says we are not talking about the service level at a cost. We're asking the council to include the 30 cents. Which is 2.4 recommends to that cost. So now the $15.24 cost that you have 30 cents will be added to that and cover the tipping fees at Puente Hills. Mayor Pro Tern Taylor: Yeah, but your whole rate is not just built on the tipping fee. Mr. Fierro: No sir, it is not. Thirty percent of our rate is Seventy percent of our rate is under the CPI., thirty percent of our rate is the landfill increase. Mayor Pro Tern Taylor: Is there any reason we can't approve this on December the 27"? Mr. Fierro: I understand sir. And again I come to you shaking at the knees. Mayor Pro Tern Taylor: I'm sympathetic with what you're saying. Mr. Fierro: I have to go to all my cities and ask this. The reason why we're going now is because there is a sentence in our contract that was just that I became aware of along with Mr. Wagner maybe about a month ago that we are to give residents a thirty day notice when there is an increase. We haven't in the past because we received our rate increase 60 to 90 days.after we should have. So we don't have the time to properly notify the residents. There is a resident right now that is putting our feet to the fire and saying you guys need to do this. And we are saying gee we would love to but we don't get the increase until after the fact. It is kind of hard to get back to you that this happened three months later in two months later, so and? Like January 1st. What that means to the council or to the residents is you currently have a rate of $12.24 come January it will be $12.74. okay. And so that means that in May when we start the new program it's not going to be $15.24 but $15.54. Mayor Pro Tern Taylor: I don't have a problem reading it. But like in this this is what five or six pages. Mr. Fierro: What I have included is I didn't want you to just take my word I included the copies from the Sanitation District that their letter actually goes to the cities I think either the representative of the Sanitation District should have received a letter or maybe you Mr. Mayor. Mayor Imperial: I didn't get one. Mr. Fierro: Okay, that's why I included the one from the Sanitation District. Mayor Pro Tem Taylor: You want this approve before the 151 of the year. CC Min. 11/22/05 Page 26 of 35 Mr. Fierro: I would like to see if possibly we could get it approved today so that I can notify the residents of the increase. If not then again we might have a problem with one or two residents complaining we didn't give them ample time to notice of the increase in the rates. Councilmember Tran: I just can't understand this. I mean you know we're just given you approval of rates increase and get your raise and now your seeking, you know with automation and everything, about two dollars and eighty cents. We have a lot of seniors a lot of residents that can't afford this. And here we are I presume you have a legal contract to present to us (inaudible), but are you asking for and additional Mr. Fierro: Believe me. It's not something that we do. If you could ask your staff. This is the first time I have come before you in the ten plus years that I have been here. We... the landfill increase normally happens in July. In all our contracts the rate increase happens in July, August here in the City of Rosemead. But we can carry that for a month. The Sanitation District three years ago started making plans to build their MRF and also to start getting plans ready to start sending waste out by rail. In doing so they started raising the tipping fees. They raised in the first year in January, the second year they raised it in December. This year there raising it in January. We have no control over that raise. You might chastise us for our labor or anything else that we can control. The tipping fees is we're taking the trash from your city. Taking it there and they're increasing the rates. All we are saying is that for us to be made whole to cover that increase, it's not something that's going to go into our pockets it is something we get paid for recovering the cost of the trash. Councilmember Tran: While I understand it, you didn't question ......I should ask the city attorney is is that legal. I mean right now given the fact that lets say the council decides no to move forward with any of these options leave at $12.44. they want to increase this to $12.74. 30 cents is that correct? Mr. Fierro: Yes sir. Councilmember Tran: Don't they need approval or is that unilateral decision that they can make. City Attorney: No, it needs the council approval process if it's going to be imposed at this time. I might suggest given this late arriving item and the need to receive it. That if you are satisfied that you want to go forward with the change in service that are included in this third amendment to the franchise agreements. That we add an additional provision to the franchise agreement which deletes the requirement of the 30 days advance notice to the customers. I think you saw Mr. Nunez's bill, the company bills quarterly. Does everybody get the bill on the same cycle. Mr. Fierro: Yes sir. So they have ample time. City Attorney: And is makes it difficult to give that 30 days advance notice. That would allow you to go forward with this and then perhaps consider this matter at a future meeting. Prior to the end of the year. Councilmember Clark: Mr. Mayor, I have a question how much does that 30 cents tipping fee going to cost you in a year in the City of Rosemead. Do you have any ball park figure? CC Min. 11/22/05 Page 27 of 35 • Mr. Fierro: I can probably ask Mr. Taylor. He's pretty good Mayor Pro Tem Taylor: I don't have your trash bulk. Mr. Fierro: We would have to take the total tonnage. And right now we're just doing this to the residents. Again unfortunately I have to come back and ask you a raise on the commercial. The only thing is on the commercial I don't need to give them the 30 days notice. I do in the residential. If you tally? How much it is (inaudible) Eugene (inaudible) trash pick up (inaudible) year for the residential how much tonnage. On the residents. What is it? The tonnage we picked up here. Either monthly or yearly. I don't have that information in front of me Maggie, I will have to get it for you. Councilmember Clark: The reason I'm asking is to see if it's not a high amount. Is there any way that... to lessen the impact on the residential that are going to have their other raise. Could the city take it out the general fund? For this year. Mayor Pro Tem Taylor: Does not matter to you (CDS) where it comes from. Mr. Fierro: Excuse me. Councilmember Clark: No, I'm not asking him. I'm asking the that's why I wanted to get the ball park figure. Mr. Fierro: It's thousands of dollars, but I couldn't tell you. I'll have to go back and find out. Mr. Nunez: Hundreds of thousands? Is it hundreds of thousands? Tens of thousands? Mr. Fierro: Mr. Taylor, 30 cents times Mayor Pro Tem Taylor: We don't know what the bulk, the tonnage is. Mr. Fierro: Ten tons a truck. Eight trucks, that's eighty tons a day times five. Are you doing this Bill? (10 x 8 x 5 = 400) Bill? 1,200. Mr. Fierro: Times five. That's 1200 a week times 52 ( 1200 x 52= 62,400 x.30cents= $18,720) times . 30 cents. Mr. Fierro: I don't know. I mean (inaudible)? Mayor Pro Tern Taylor: You're going to need to bring it back anyway in written form. Councilmember Nunez: Can I suggest that we can handle the item that is before us as written. Mr. Fierro: Councilmember Nunez that's fine, I just want hope that if this residents comes back to us shaking their fingers because we didn't give them the 30 day notice. Hopefully, I would have the CC Min. 11/22/05 Page 28 of 35 • • backing of the council. And say you know what, they're trying we're trying to work with us and don't take us to court because of it. Councilmember Nunez: I think what I was trying to say is that it needs to be looked at. We can discuss the fact whether or not we can waiver the 30 days at that (inaudible)? Or something. But right now we have nothing in front of us. We need to decide on this particular issue. You brought us something else I would agenized. I would like to be able to come back to later. Mr. Fierro: Thank you. Am I done Mr. Mayor? Mayor Imperial: The public hearing is closed. Councilmember Nunez: Ready to make that motion Mr. Taylor? Mayor Pro Tem Taylor: I'll let you do it. Councilmember Nunez: I'll make the motion, you'll second it I hope. Come on Mr. Taylor. Mayor Pro Tem Taylor: Mr. Nunez I'm in favor of this but I'm going to abstain because we've made so many changes tonight. We've got a meeting on December the twenty seventh and I want to see it in written form. Councilmember Nunez: We've had, we've had this we've had how many weeks to talk to about it. We talked ........I hope you come in and talk to people at city hall and ask them a question about this. I hope these questions you ask right now are not the only questions you ask...... Mayor Pro Tern Taylor: I said it's there but I want to see this contract straighten out by December 27`h. That's when our next meeting will be scheduled. Councilmember Clark: You want me to make the motion John? Councilmember Nunez: I made the motion. I was hoping for his second. Mayor Imperial: Let's have a motion. Mayor Pro Tern Taylor: Mr. Nunez made the motion. Mrs. Clark has seconded it, which is fine. Councilmember Nunez: We're looking at option. Mayor Imperial: State the motion. Substantial City Attorney: The motion is to approve the third amendment in substantial in the form as presented with the clarification as to the abandoned bulky items that they will be taken care of by Consolidated without any additional cost to the city. That's the motion. CC Min. 11/22/05 Page 29 of 35 • Councilmember Clark: It's the unlimited green waste. Not the automated green waste, but automated recycling bin. City Attorney: Correct. Mayor Imperial: The motion has been restated. What's your pleasure? Councilmember Tran: Call for the question. Mayor Imperial: I'm not hearing anything. Councilmember Clark: Vote. Councilmember Nunez: Call for the question. Mayor Pro Tern Taylor: Mr. Mayor that is an abstain vote. I mentioned I would abstain until we get if back on well I'm saying December the 27`h because it has been changed three times. It's been clarified now and I'm happy with it but I want to make sure all those clarifications are there and I would ask that the trash contract item be in the minute verbatim. Councilmember Nunez: I'm sorry you want the whole discussion verbatim on the minute. Mayor Pro Tern Taylor: On the trash item. Councilmember Nunez: On the trash item. Mayor Pro Tern Taylor: Yes sir. Councilmember Nunez: How many minutes have we been on this? Councilmember Clark: We have a policy of voting on whether we want it verbatim. I brought that back a long time ago and I have If this is going to cost $900 dollars like it did the other time. Councilmember Nunez: If we do things like this we're going to have to look at how we budget different department. If you do things like this its going to cost extra money (inaudible) Councilmember Clark: Mr. Mayor, I have a question, Nina is this going to cost $900 dollars? Like the last time we had a verbatim. We had a court reporter. City Clerk: To be a verbatim translation. Yes, a court reporter is hired, then yes. Mayor Pro Tent Taylor: Wait, wait, and wait. We did a court reporter last time Mr. Nunez ask for the entire meeting to be in You weren't here at the time. And they fouled it up as far as I'm concerned. They CC Min. 11/22/05 Page 30 of 35 Councilmember Nunez: I didn't ask for it. Councilmember Clark: No, Mr. Tran did. Mayor Pro Tern Taylor: Mr. Mayor. I'm sorry, Mr. Tran asked for the entire meeting. And we did that and it cost $900 dollars and it was fouled up very bad because they didn't know who was even speaking. So I don't believe this one item would be that much. Because we don't ......having an outside court reporter we have to redo it because they have no idea who is talking. So Councilmember Clark: I object to having this verbatim, simply because of the time constraints. If the city clerk isn't going to be able to do it with all the election thing she has to handle. I don't think we should pay a court reporter to do it. I don't think it is a wise use of taxpayer money. Mayor Pro Tern Taylor: Mr. Crowe who's been doing the minutes now? City Manager: We have several members of staff assisting. Mayor Pro Tern Taylor: Alright. So the city clerk will not be tied up with it until the final approval of them. Mayor Imperial: I agree with that. Mayor Pro Tem Taylor: And I do. I'm glad because it's not fair for her to have to make up the minutes for the past six or nine months. Mayor Imperial: I think that is ridiculous if that was the intent. That is not my intent. Councilmember Clark: So you are willing to wait until March or something to have the minutes. Mayor Pro Tem Taylor: No, no they are working on them now. Councilmember Clark: No, then I object to having these verbatim. It's going to take a long time. We've been talking for an hour and a half on this item. And I don't think that is a wise use of taxpayer money. Councilmember Nunez: If the people are so worried about this they could come and listen to the tape and take whatever they need off them. Mayor Pro Tern Taylor: How about if I do this. I transcribe the tapes. The city clerk just gets to listen to them for an hour and a half and make the corrections. Councilmember Clark: Okay Mayor Pro Tern Taylor: Is that alright with you Mrs. Clark? Councilmember Clark: Yeah. It will take you forever. I've done it before. CC Min. 11/22/05 Page 31 of 35 Mayor Pro Tern Taylor: No, no I've been doing it for years. But anyway if that's acceptable, I will turn them in and she can review it and than the council can do what they want with them. No cost to the city. Councilmember Clark: Okay. Mayor Pro Tent Taylor: Thank you. City Attorney: Alright. The Mayor closed the Public Hearing. MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the City Council approve the third amendment which includes automated recycling and year round bulky item pickup. Vote resulted: Yes: Clark, Imperial, Nunez, Tran No: None Absent: None Abstain: Taylor The Mayor declared said motion duly carried and so ordered. III. LEGISLATIVE A. RESOLUTION NO. 2005-38 - CLAIMS AND DEMANDS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,533,772.27 NUMBERED 50917 THROUGH 51189 MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the City Council adopt Resolution No. 2005-38. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor requested a copy of the Traffic Operations invoice. The Mayor declared said motion duly carried and so ordered. CC Min. 11/22/05 Page 32 of 35 B. ORDINANCE NO. 840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 5.24 OF THE ROSEMEAD MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS Juan Nunez stated that he hoped that the city is in line for these types of businesses. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER NUNEZ that the City Council adopt Ordinance No. 840 on second reading. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 841 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SETTING CITY COUNCIL SALARIES Mayor Taylor requested staff to explain the need for this taking place at this time and he wanted to know what happen to AB 11, when did it take place? MOTION BY COUNCILMEMBER NUNEZ, SECOND BY COUNCILMEMBER CLARK that the City Council waive further reading and introduce Ordinance No. 841. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A RESOLUTION NO. 2005-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO COMMUNITY DEVELOPMENT COMMISSION PAYMENT FOR COSTS ASSOCIATED WITH THE INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT GRAVES AVENUE AND JACKSON AVENUE CC-B APPROVAL OF TRACT MAP NO. 61208 - VACANT LOT ON RIO HONDO AVENUE NORTH OF VALLEY BOULEVARD CC-C RELEASE OF BONDS - PARCEL MAP 26622; 3232-3250 ALANREED AVENUE CC Min. 11/22/05 Page 33 of 35 • • CC-D RESOLUTION NO. 2005-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 03-110 FOR EXTERIOR FACADE AND LANDSCAPING RENOVATIONS, AND DENYING ZONE VARIANCE 05-328 FOR CONVERSION OF LAND USE WITHIN A CENTER FROM COMMERCIAL BANK TO COMMERCIAL FOOD ESTABLISHMENT FOR A LEGAL, NON- CONFORMING SHOPPING CENTER WITH LESS THAN THE MINIMUM NUMBER OF REQUIRED PARKING STALLS; LOCATED AT 8855 VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY)ZONE CC-E REQUEST FROM MEXICAN AMERICAN STUDENT ORGANIZATION CC-F AUTHORIZATION TO ATTEND THE CALIFORNIA CONTRACT CITIES ASSOCATION LEGISLATIVE ORIENTATION TOUR, SACRAMENTO, JANUARY 9-11,2006 CC-G AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS ACADEMY LEADERSHIP INSTITUTE, SACRAMENTO, JANUARY 11-13,2006 MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMEMBER TRAN to approve Items CC-A through CC-G 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. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORT - None VII. MATTERS FROM OFFICIALS - None VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Jim Flournoy commented on a newspaper article regarding Beverly Boulevard bridge and the need for the city to look at Rosemead bridges. Juan Nunez stated that he wasn't going to clean the street anymore after trash pick up days. CC Min. 11/22/05 Page 34 of 35 • • Mr. Park, 9460 Steele Street spoke on the graffiti at the new building at Mission and Valley. Mr. Wagner stated that the graffiti personnel may have a problem with getting up to the top to remove the graffiti. Mayor Taylor requested a report back on this graffiti removed item. Brian Lewin also reported graffiti at the southwest corner of Rio Hondo and Valley and also requested that the microphones be louder. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:45 p.m. The next regular scheduled meeting will be held on Tuesday, December 13, 2005 at 7:00 p.m. at the Rosemead High School Auditorium. Respectfully submitted: City Clerk CC Min. 11/22/05 Page 35 of 35 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) • I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the minutes from November 22, 2005 were duly and regularly approved and adopted by the Rosemead City Council on the 28th of November 2006, by the following vote to wit: Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN No: NONE Absent: NONE Abstain: NONE Nina Castruita City Clerk