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CC - 04-07-09 - SpecialMinutes of the SPECIAL CITY COUNCIL MEETING April 7, 2009 The special meeting of the Rosemead City Council was called to order by Mayor Clark at 6:02 p.m, in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low ROLL CALL OF OFFICERS PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly. OFFICIALS PRESENT: Interim City Attorney Montes, Assistant City Manager Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, and City Clerk Molleda. 1. PUBLIC COMMENT FROM THE AUDIENCE Nora Munguia - Vice President of Rosemead Youth Association stated she was concerned because it had come to her attention that their fields will be taken away from them and asked if that was true. Ms. Munguia also congratulated the new council members. Mayor Clark stated that was a rumor and there was no substance to that. Jim Flournoy - stated he was concerned because he thought the meeting was next week and wondered how this meeting got called in the first place. Mayor Pro Tem Taylor responded that the Mayor had called for a special meeting to be held tonight. Juan Nunez - asked what would be done about the bus passes since stamps would no longer be sold. Asked about who would be picking up the tab on the recount and also stated what would be done about the Chamber audio because during the new Council's installation no one could hear in the back. Director of Parks & Recreation Montgomery-Scott addressed the bus pass question and stated staff has been in contact with the MTA and was working out the details on how the city would continue to provide bus passes. Interim City Attorney responded to the recount question and stated it would be the challenger's responsibility but if the outcome of the election changed then the City would be responsible for paying for the recount. Council Member Ly asked staff to please look into maybe setting up a television out in the lobby so the public could see what was going on during the meetings when the chamber was too full and they had to sit outside. Rosemead City Council Special Meeting Minutes of April 7, 2009 Page 1 of 4 Brian Lewin - stated he was curious because Oliver and the staff he had brought in had gotten the city millions of dollars that the city was not previously getting and it had been done only in the past year and a half. Stated the City Manager's job was to improve the city's operations and asked why city council was not willing to work with him. Velia Navarro - addressed Council and stated all she heard was about money being spent; she stated that she still wanted everything she said to be recorded on the minutes verbatim. She added it was Mayor Clark's right to call for a special meeting if she wanted to and stated that the old mayor brought in his people and there was no difference with the new Mayor bringing in her new people and it was a common practice to do so. She felt that having two Assistant City Managers was a waste of money and also the services of the previous city attorney Mr. Garcia. Concluded by saying that the new and old Council should be given a chance before being criticized and asked Council to please work together. Marlene Shinen -congratulated the new council and addressed a newspaper article in which Council Member Low had been quoted in describing City Manager Chi. She stated the city manager should have maturity, be ethical, be truthful not lie or deceiving, have principal, strong character, and a man with inner strength. He should not hang with the majority nor form a boys click to assist with the impositions of the Mayors or majority rule therefore securing his job. She stated she had a question: why of all his presidential accomplishments why is the most favored and beloved president known simply as honest Abe. Gabriel Vicario - congratulated the new Council and stated he agreed that they should be able to bring whoever they want to work with. Jerry Faustinos - welcomed the new City Council and wished them good luck. Stated he wanted to talk on behalf of the league; we formed an advisory committee of previous presidents to assist with money management. They met with the board and they are off to a good start; there are 450 sign ups this year. Wanted to make a plea to have the City help them out. City Council recessed to Closed Session at 6:43 p.m 2. CLOSED SESSION A. Conference with Legal Counsel 1. Pursuant to Government Code Section 54957: PUBLIC EMPLOYEE RELEASE 2. Pursuant to Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager/Interim City Manager City Council reconvene at 7:59 p.m. Interim City Attorney Montes reported that during Closed Session the Council had voted 411 to a termination of City Manager Oliver Chi's contract and the Council also voted 411 to the appointment of an Interim basis of Jeff Stewart as the Interim City Manager subject to approval of the contract that is identified on the agenda. Rosemead City Council Special Meeting Minutes of April 7, 2009 Page 2 of 4 Council Member Low stated that Mr. Chi had done a great job for the City and felt it was important to recognize he is a great leader and well respected by staff; thanked him for all the hard work. Stated she wanted to report the total of the severance package, which was a total of $334,525. Also added that she voted no on the new appointment because she had received Mr. Stewart's resume that night and didn't feel comfortable voting on the item. Council Member Ly thanked Mr. Chi for his services and stated he had done a great job; with that said having the opportunity to have spoken with Mr. Stewart, who has previously worked for the City, and then left and became the City Manager for the City of El Segundo, believes he has the experience to return the peace and tranquility that the City previously had. Mayor Pro Tern Taylor reiterated that Mr. Stewart had previously been with the City of Rosemead for 10 years as the Administrative Aide to the City Manager and then the Assistant City Manager and also had 10 years of experience as City Manager in the City of El Segundo. Council Member Armenta stated that when she worked for Rosemead, Jeff Stewart was on staff and even though she didn't know him personally she did hear things about him and was confident about his position with the City. Also thanked Mr. Chi for his work and stated that it should not be forgotten that the staff is the backbone of the City Manager. 3. MATTERS FROM MAYOR & CITY COUNCIL A. Consideration of Contract for Interim City Manager Services It is anticipated that following the closed session the City Council may wish to consider approval of a contract for Interim City Manager Services. The identity of the Interim City. Manager, if any, will not be known until after the closed session. The Interim City Attorney is drafting a form Interim City Manager Services Agreement, which may be ready by Monday, April 6, 2009, and will be made available to the public at the same time it is made available to the City Council. If the Council considers such agreement on April 7, 2009, the Council will need to identify any Interim City Manager selected, as well as determine the appropriate compensation for Interim City Manager Services in open session. Interim City Attorney Montes reviewed the staff report and stated there were a few blanks on the agreement that needed to be filled in. Also added that compensation was not discussed during Closed Session and that had to be discussed in open session. Mayor Pro Tem Taylor stated that in discussing City Manager Chi, his contract roughly came to $178,000 in addition to 10% figured which was given to him instead of the benefits the rest of the staff receives. Discussing with what Mr. Stewart might be looking for as an interim he does not get the benefits so at this point he did not feel comfortable saying a figure that might include the 10% because Mr. Stewart might want to receive the city's benefits. Council MemberLystated that normally in the previously City Manager's contract he had access to transportation and a car and that was not included in this contract yet. Rosemead City Council Special Meeting Minutes of April 7, 2009 Page 3 of 4 Mayor Pro Tern Taylor said he felt comfortable starting at $95 an hour as a starting amount for the negotiation of the Interim City Manager contract. Interim City Attorney stated that if he could suggest a recommendation, since he felt there was some reservation about starting with a high number, he would suggest that Council started with a high number and then if Mr. Stewart wanted additional benefits then those could be deducted from the base salary. Mayor Pro Tern Taylor made a motion, seconded by Council Member Steven Ly, to have the Interim City Manager's contract begin at $100 an hour. Vote resulted in: Yes: Armenta, Clark, Ly, Taylor No: Low Abstain: None Absent: None Council Member Armenta stated she wanted to make a clarification to a number Mrs. Low had said regarding Mr. Chi's severance package and stated in actuality the City was only spending $28,800 to terminate Mr. Chi. Council Member Ly added that by doing this now with the fiscal year ending at the end of June they give the Interim City Manager some time to update the budget; otherwise Oliver's contract would have been included in the new fiscal year. This also gives the new city manager an opportunity to propose a budget of his own. Jim Flournoy - had a question about the contract where it stated "direct elected employees" and asked if that was appropriate or not. Juan Nunez - asked if this amount included the PRS payments. Mayor Pro Tern Taylor stated it was not included yet unless they decide to hire him permanently. 4. ADJOURNMENT The meeting was adjourned at 8:23 p.m. The next regular City Council meeting is scheduled to take place on April 14, 2009 at 7:00 p.m. ATTEST: Gloria Molleda City Clerk Margare Clark Mayor Rosemead City Council Special Meeting Minutes ofApril 7, 2009 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from April 7, 2009, were duly and regularly approved and adopted by the Rosemead City Council on the 14`n of July 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Im al~CIO loria Molleda City Clerk