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CC - Item 3B - Minutes 09-27-05• • MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL SEPTEMBER 27, 2005 The regular meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:00 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tern Taylor. The invocation was delivered by Councilwoman Clark. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Nunez, Tran, Mayor Pro Tern 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 CC: 9/27/05 Page 1 • • ORAL COMMUNICATIONS FROM THE AUDIENCE Alejandro Gandara, suggested that Mr. Crowe talk to Gary Taylor and Jay Imperial to resign. Mayor Pro Tern 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, stated that it was a very happy and sad occasion that there is a recall. People of city will speak and that the honorable thing for Imperial and Taylor would be to resign. Council should not delay election. Steven Ly, 3040 Rosemead Place, stated corruption with people who passed out recall petitions and to not certify petitions. Lied in getting people to sign petition. Jay and Gary have served the City for over 30 years and they have done a good job. Both have served the city well. Fred Herrera, 3879 Delta Avenue, stated that both have served the city well. He stated that the recall proceeding was a sham, have displayed corruption. Questioning tactics used. People behind the recall are self-serving people, they are willing to sacrifice two good people for their self-serving agenda. Only thing they did was to support Wal-Mart, which will bring in jobs and money to the city, this is not grounds for recall. Linda Kilpatrick, stated that she has lived in Rosemead for over 32 years and that she endorses Taylor and Imperial. She stated that they care about the city, and also Councilwoman Clark. They have tried hard to make Rosemead grow and up hold Rosemead. She stated that when she has been to City Hall, they take care of her. She said that the recall election, Mr. Tran, will cost the city over S 100,000 and you are quoted in the paper that you want to save the City money, by asking Mr. Imperial and Mr. Taylor to step down. Screw you. You are so arrogant and so young, you do not know what you are asking. You open your mouth and say "let's buy Rosemead Boulevard" because it has pot holes, and that you want your own office so you can entertain the Asian constitutes. Please, please, that's a quote. Councilman Tran asked Ms. Kilpatrick where the quote came from? Ms. Kilpatrick stated that she was paraphrasing. Councilman Tran asked Ms. Kilpatrick again where that quote came from?. Ms. Kilpatrick stated that she was sorry that she ever voted for him. CC: 9/27/05 Page 2 • Rosemarie Gonzalez, stated that she was in favor of the recall. She said that she was not corrupted and she knew what they have done. Nothing. She stated that she goes down Valley Boulevard and Rosemead Boulevard and see trash everywhere. She stated that the Council did not listen to them. She stated that no one had paid her anything. She walked the streets and she did not lie to anyone and that she does not lie. She asked why did we need a big store like Wal- Mart in the City. It only added to the traffic and pollutes the City. She stated that the recall will go on and too leave or resign now. 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 The staff report was presented by the City Manager. 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. CC: 9/27/05 Page 3 • • III. LEGISLATIVE A. RESOLUTION NO. 2005-30 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2005-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $972,124.55 NUMBERED 50446 THROUGH 50626. MOTION BY COUNCILMAN NUNEZ, SECOND BY COUNCILMAN TRAN that the Rosemead City Council adopt Resolution No. 2005-30. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. III. CONSENT CALENDAR The City Attorney stated that there were requests to speak on Agenda Items CC-A, CC-B, CC-C and CC-E. CC-D RESULTS OF BID OPENING FOR THE RESTORATION OF THE ROSEMEAD AND GARVEY POOL BUILDINGS MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILWOMAN CLARK that the Rosemead City Council approve CC-D on the Consent Calendar. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC: 9/27/05 Page 4 0 • CC-A RESOLUTION NO. 2005-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING SUPPLEMENTAL AGREEMENT TO 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'd party engineer who looked into this. City Engineer Rukavina stated that a 3rd 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: 9/27/05 Page 5 0 • 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. Virginia Peterson, Superintendent, Garvey School District, stated that she was very concerned with safety of children, parents and crossing guard. Very dangerous. Highcliff Avenue and left turn arrow at Graves. MOTION BY MAYOR PRO TEM TAYLOR, SECOND BY COUNCILMAN NUNEZ that the Rosemead City Council approve CC-B 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 thanked Councilman Nunez for bring this up and that the kids safety is very important. Councilwoman Clark asked if the signal was triggered by pedestrians or cars when school is out for the summer? City Engineer stated that the signal was triggered by both. CC: 9/27/05 Page 6 0 0 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 Dolly Leong, 8455 Mission, stated that a $20 charge was on her account, it was sent to a collection agency . There was supposed to be a $20.00 credit. She stated that it hurt her credit and has not received the credit yet. She also asked when will City go out to bid? Mayor Pro Tern Taylor asked Ms. Leong if staff followed through with what she requested? Ms. Leong stated that she believed Mr. Wagner told her they would release it. Mayor Pro Tern Taylor asked who released it? Ms. Leong stated Consolidated would release it from credit, but damage was already done. Mayor Imperial stated that we can get an answer tonight from Mr. Fierro Richard Fierro, CDS, stated that Donald Wagner spoke to him about 3 weeks ago regarding this situation and stated that the $20 placed for delinquency was removed. He stated that he would honor any amount due to her. Mayor Pro Tem. Taylor asked if Mr. Fierro said that he released the lien on it? Mr. Fierro stated yes. Mayor Pro Tern Taylor asked if it was Consolidated that put it on.? Mr. Fierro stated that she had a number of properties that were late in payment, there was assessment charge for late payment and that he removed the late charges from credit report. Mayor Pro Tem Taylor asked when? Mr. Fierro stated 2 or 3 weeks ago. Councilman Tran asked what was her request, to have that lien removed? CC: 9/27/05 Page 7 0 0 Dolly Leong stated there was no lien, just sent to collections, no notice and Consolidated's staff is rude. Councilwoman Clark asked if she was on the lien list that the Council approved 3 months ago? Donald Wagner stated no. Councilman Tran asked if this is a contract extension or evergreen? City Attorney Kress stated that is an evergreen contract with a 5-year rollover with another year added. Councilman Tran asked if the contract is due in April or May? Donald Wagner stated on August 15` Councilman Tran stated so next August we will rollover to make it 5 years. Donald Wagner stated yes. Mayor Pro Tem Taylor, Mr. Mayor, John this is to raise it from $12.00 to $12.44. 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 stated that they could pull off V-B and bring back at next meeting. Stated that it was the 3rd amendment. Mayor Pro Tem Taylor stated that he needed clarification. This is an amendment? Mr. Crowe stated yes. This was for bulky items, recyclables and e-waste. Councilman Nunez stated that we need a Study Session at the October 11 th meeting at 6:00 p.m. Mr. Crowe stated that there could be a study session on October 11 ih at 6:00 p.rn. Councilwoman Clark stated that there was a lot of concerns and feed back by the audience tonight. She stated that the Bulky Item preference was good to be able to put out anything at anytime, but couldn't understand how they would keep track of people putting out items. People won't always call. Most people put out waste and is glad when someone else picks it up. Councilman Nunez stated that they can discuss at Study Session. CC: 9/27/05 Page S i • Councilwoman Clark stated that she wants to be able to discuss this in front of audience so they will understand the charges and what they will need to do. Councilman Nunez stated again that this should be done at a study session. Richard Fierro stated that in other cities they have bulky item pick up 4 to 5 times a year with 4 to 5 items. Program is meant to get rid of bulky items. He stated that 20 pick ups a year is good, some cities have only one. He stated that he would like to start now. Can start notifying residents now. One option is to not charge residents for bulky items, but charge for items left on curb, that was not called in. Councilman Tran stated that he would like to hold off any change until study session. Mayor Pro Tem Taylor asked how to prevent everyone from constantly putting out big items? He stated that he was opposed to bulky item pick up until contract is settled. Richard Fierro stated that he would wait and he would like the Council to give the City Manager all concerns. Mayor Pro Tern Taylor read "The cost for pick up abandon bulky item would be covered by CDS up to $1,000 a year. If you divide it up by 12 that adds up to $88 a month, times 4 weeks equals $22, which equals to 1 '/z bulky items. Then CDS will charge the City $17.00 per bulky item after that. Richard Fierro stated that is why there is a second option, that will charge all residents .72 cents and all bulky items will be picked up. Mayor Pro Tem Taylor said that Mr. Fierro told them earlier that this was another program. Richard Fierro stated if the Council approved today, he can start picking up bulky items in two weeks. Mayor Pro Tem Taylor stated that he did not want that. There would be 1,000 of items out there Adejandro Gandara stated that he tried to dispose of an old refrigerator. Someone came by and wanted it for the metal. Got to be some money made in recycling. Wants to hire a company that can make money. Why giving CDS more recycled goods and they're charging customers more. Councilwoman Clark stated not everything is recyclable. Not everything can make money, like a sofa. Mayor Pro Tern Taylor stated that a new 64 gallon blue recyclable container will be furnished at 51.75. Mr. Gandara asked why are we giving more recyclable good to CDS CC: 9/27/05 Page 9 0 0 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 Ms. Lem, 3316 Charlotte, stated that cars are being stolen, tires slashed, cars stripped, to her family and her neighbors. She stated that they have filed many reports. She said that 95% of the time she sees the Sheriff's cars at 7-11 and that they need additional cars in the area. Mayor Imperial stated that she should speak to the Sheriffs tonight. Michelle Gonzales, Willard Elementary School, stated that there is bad traffic at the school. Stated that they have asked the City for a crosswalk. Has petition with parents concerns. She read letter, wants meeting. 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 stated that she has lived in Rosemead for over 50 years and she wanted what she was about to say to be put on the record. "I feel it is my duty to notify the people of these facts, the proof of these facts are on record and I am compiled to share with everyone in Rosemead and concerned parties." Councilman Tran stated that he was aware of what she was speaking about and the matter is between ex-wife and himself. He stated that it is a private matter and if she continues he will seek legal action on her and lie stated that it was not true. Councilman Tran also requested that this be verbatim. CC: 9/27/05 Page 10 • 0 THIS SECTION IS VERBATIM Mayor Pro Taylor: Mr. Mayor - I like to ask Mrs. Hall - I don't know of what kind of documents you have, but evidently there is something in them that Mr. Tran does not want the community to know about and I know why you feel that you must put that out, but he has said many times to us for us to resign, to do the right thing for the community. I have nothing to hide, I have been here for 56 years, do you want to say anything about my record, but there is something there. Mrs. Hall: With all due respect to all everyone has said, I am here because I am not a famous person. I do not hold a public office. I do not owe anybody or anything, but god forbid if I die from any unnatural causes, my family will know who to direct...... (Noise from the audience) Mayor Pro Tern Taylor: Mrs. Hall, is what you have public documents? Mrs. Hall: It is public record and anybody can get it. Mayor Pro Tern Taylor: Put it in the record that she believes it is public record. Mrs. Hall: It is and I have handed a copy to the City Clerk for everyone to see what it is that I saw. Councilman Tran: I have discussed this with Captain Shaw and there is no truth. Private legal matter and if you continue with this slander/accusation, I will seek legal action against you. Mrs. Hall: Before I was rudely interrupted by the audience, if something happens to me, unnatural cause, my family knows who to direct the authorities for questioning - so don't shoot the messenger - I am exercising my rights stated by the first amendment that I can freely express my option. Now ever since we had our City election last March, there has been alarming rumors concerning our Councilman, Mr. Tran, his integrity and qualifications for serving as a Rosemead councilman. For myself, I needed to see proof that the rumors were true and through public access and records showed that Mr. Tran is ignoring court appearances and there is an arrest warrant out and this alone is shocking, but there was a request also from a legal counsel asking to be excused from Mr. Tran's case because of a bad check he gave him for legal services. Non- payment seems to be a habit of Mr. Tran's and records show him to be behind in spousal and child payments. This is all on public record and there is a restraining order from his wife, for violent behavior and alleged abuse. Last weekend I e-mailed all this proof of Mr. Tran's fallacies to the newspapers and TV stations. Now to date I have not seen anything - my questions is does Mr. Tran have something on everyone? Should one person have that must power? Should we feel ok by being afraid to speak? No Mr. Tran, you need to put your house in order before wanting to clean up City Hall. Seating on the Council and pretending to be a model citizen and then scrutinizing your fellow Councilmember's is appalling, it does not give you the right to be above the law. Your arrogants towards our juridical system and the order of the Supreme Court Judge should be grounds for your removal Sir. Please Mr. Tran, put your house in order - you come into my house, you mess it up - Rosemead deserves better leadership. CC: 9/27/05 Page 11 0 0 Councilman Tran: I would like to make a response to that. We have our Captain here and when I heard about this, I asked him if there was an arrest warrant out there and he stated there wasn't. This is not true. Again, this is a private legal matter and that is the reason why the newspapers refused to print it because it is not true Ron Gay: This is the type of garbage that goes on that brings down our City. Give me a break. Deal with the issues. This is all a very well sculptured piece to do this stuff. This is garbage, this is nonsense, let's talk about real things. Cut the mud slinging ok. This is why you folks are in this position, it is disgusting and I am tired of it. Mayor Pro Tern Taylor: Mr. Mayor - 1 hate to do this at this point, but is this a public document, Captain Shaw? Captain Shaw: I know of the document. Mayor Pro Tern Taylor: Is there an arrest warrant? Captain Shaw: No arrest warrant, it is a private matter Mayor Pro Tern Taylor: Mr. Mayor, I am going to direct the City Attorney and City Manager to investigate to see if these are legitimate public documents. Councilman Nunez: I think we (inaudible) personal life (inaudible) who put it in my box, how did it get in my box, how it came to me - obviously came from the City Clerk. If we have to start looking for stuff like that, it is really crazy. I think we made some complaints regarding some of the votes or lack of votes or lack of direction that the Council in the past has done. 1 think if you look at the votes or direction that I have done as a City Councilmember or as an Alhambra School Board Member or Garvey School Board Member, that is fair game, scrutinze my action as a school board member and as Councilmember. I am not perfect, I go over the speed limit once in awhile, I get behind on something's, I am not perfect, now of us are perfect. I think because I am not perfect, (inaudible) my community out there tells me I'm fit and also John is fit to serve on City Council. Mayor Pro Tern Taylor: Mr. Mayor, I have one other thing I would like to direct the City Manager to do. Write a letter to New York, New York in Las Vegas and get there accounting department to find out if they in fact doubled billed the city for charges that were made. We have heard three times that they doubled billed us and I want them to deny it or prove it. Councilman Nunez: Mr. Mayor, that is fine if we are going to use the City's revenue to do this investigation, but I would hate for you or anybody in your camp to use that in the campaign. If the campaign wants to use that information let them go get that information, don't use taxpayer's revenue. CC: 9/27/05 Page 12 0 0 Mayor Pro Tern Taylor: No No - it is official city money that was in this messy (inaudible) I'm talking Mr. Tran, please your famous for that, Mr. Mayor, I would ask that the City Manager issue that letter tomorrow to clear up our accounting procedures. Councilman Nunez: Mr. Mayor I am curious, I thought our fiscal department cleared that up. Did they not City Manager? Mr. Crowe: Mr. Tran provided a personal check to cover the charges in question. Councilman Nunez: So that is what you want to go spend more money on to find that out? Mayor Pro Taylor: Mr. Tran has stated three times in our meetings that the New York New York Hotel has doubled billed the City. Councilman Nunez: So that.. (Inaudible) Mayor Pro Tem Taylor: I want him to write a letter, Mr. Nunez. Mr. Mayor, Jay, Mr. Mayor, we had a couple of items that were brought up. Is that Oral Communications? I would like something to be put on a Traffic Commission as far as approving another signal light. We put a signal over at Del Mar and I would also like a signal at Rush Street at Rice Street. If we are going to put a signal over there, it is fine, I sure we need it, but I want one on Rush Street. Want this item on next Traffic Commission meeting. Councilman Tran: Is this paving the way for Wal-Mart at Rush and Delta? Mayor Pro Tern. Taylor: We already have the status, and a lady came up here and ask for a signal, you opened the door, and I feel like it is a good idea, put on agenda. Councilman Tran: I think we should go through the channels. Mayor Pro Tern Taylor: I am going through the channels Mr. Tran. Mr. Crowe is this proper? Mr. Crowe: Your recommendation for this to go to the Traffic Commission would be appropriate. We will take it in November. Mayor Pro Tem Taylor: I would like to defer the Law Enforcement Services Augmentation request to the next meeting. VERBATIM SECTION ENDS VI. STATUS REPORT - None CC: 9/27/05 Page 13 0 0 V1I. MATTERS FROM OFFICIALS A. LAW ENFORCEMENT SERVICE AUGMENTATION REQUEST Mr. Crowe stated that Mr. Taylor requested that this item be deferred to the next meeting. Mayor Pro Tem Taylor stated that he wanted it deferred because information was missing. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE Councilmember Tran spoke on the EIR, the 24 hours and alternative sites for Wal-Mart. He also requested that the Council get a CEQA attorney to look at revision, get objective firm. There are flaws in the EIR. Table public hearing until CEQA Attorney can look at this objectively. Mayor Pro Tem Taylor stated that the judge gave 90 days to state why this site was chosen. This is not a 24 hour store. Southern California Edison owns the property, they can sale to whomever they want. Wal-Mart has the right to buy the property, it is in a C-3 zone and can build properly on it. Report is already done. Councilman Tran stated that the 90 days ends December 13th, and what difference does a few days make. He also wants on the next agenda to consider a CEQA attorney to look at this objectively. Also wants next agenda to have recall election scheduled for January 10, 2006. Mr. Kress stated that the election date will be on the next agenda. 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: APPROVED Clerk MAYOR CC: 9/27/05 Page 14