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CC - 09-11-07Minutes of the Regular Meeting ROSEMEAD CITY COUNCIL September 11, 2007 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:00 p.m. in the Council Chambers of City Hall, at 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Low and the invocation was delivered by Pastor Jonathan Wu of Evergreen Baptist Church. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PRESENTATION A. Presentation to Deputy Doug Jewett On the occasion of Deputy Jewett's promotion to Sergeant and departure from service in the City of Rosemead, Interim Director of Public Safety Don Anderson gave a summation of Deputy Jewett's years of service to the City. Lieutenant Jacob, Mayor Tran, Mayor Pro Tern Nunez, and Councilmembers Taylor, Clark and Low all thanked Deputy Jewett for his dedication and 17 years of service to the City of Rosemead. The City Council presented him with a plaque. Ron Esquivel from the Rosemead School District, Mandy Wong from the Asian Community Advisory Committee, Captain Shaw of the Temple Sheriff's station and Deputy Chivas all expressed appreciation for Deputy Jewett's service and congratulated him on his promotion. Deputy Jewett thanked everyone for their words of support and praised his colleagues, especially Lt. Jacob. B. Presentation to the Los Angeles County Fire Department in recognition of 9/11 Interim City Manager Chi discussed the important role firefighters played in the events of September 11, 2001. To remember that event the City Council and staff made a presentation to the members of the LA County Fire Department and presented them with a commemorative plaque. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 1 of 17 • • Mayor Tran, Mayor Pro Tem Nunez and Councilmembers Clark, Low and Taylor expressed appreciation for the sacrifices made by fire fighters and law enforcement on 9/11 and on a daily basis in the City. A representative from Station 42, one of the three fire stations in the City, thanked the Council and community for their support. Before moving forward to Public Comment, Mayor Tran discussed Ordinance 855. The ordinance was passed by a majority of the Council at a previous meeting. After careful consideration, Mayor Tran asked the City Manager to bring a revised ordinance back for Council review. Mayor Tran proposed the ordinance remain as stated in the current municipal code with the only change being an eight day advance notice provision. 2. PUBLIC HEARINGS A. Resolution No. 2007-34 - Certification of Compliance with the Los Angeles County Congestion Management Plan The Los Angeles County Congestion Management Program (CMP) requires each city to annually adopt a resolution, following a public hearing, stating its compliance with the CMP. Recommendation: That the City Council adopt Resolution No. 2007-34, finding the City to be in conformance with the CMP and adopting the CMP Local Development Report. The public hearing opened at 7:30 pm. Juan Nunez, residing at 2702 Del Mar, discussed negative impact of traffic congestion. The public hearing closed at: 7:33 p.m. Mayor Pro Tem Nunez made a motion with a second by Councilmember Low to accept the staff recommendation as stated above, to approve Resolution 2007-34. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Property Maintenance Ordinance At the August 28, 2007 City Council meeting, the City Council was presented with a draft property maintenance ordinance. Based upon the Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 2 of 17 s s comments made by the City Council at that meeting, staff has researched and revised the ordinance to address those issues. Recommendation: That the City Council hold the noticed public hearing, receive public comment, and introduce Ordinance No. 854. The public hearing opened at: 7:34 p.m. Jim Clouet, residing at 3719 Ivar Avenue, spoke against the Ordinance. He expressed concern about the lack of definitions within the document. This would give code enforcement and City staff broad latitude in making judgments about issues such as abandonment, vegetation offenses and diminution of property values. Mr. Clouet suggested public outreach and education before proceeding with an Ordinance. Jim Flournoy, Rosemead resident, spoke in support of the Ordinance and felt it was long overdue. He referenced international standards he passed on to staff which he hoped were included in the Ordinance verbiage, as the International Building Codes which will be adopted next year include a property maintenance component. He pointed out the City has funds available to help the elderly and the infirm improve their property. Barbara Murphy, Rosemead resident, spoke in support of the Ordinance and code enforcement efforts to clean-up properties in the southern part of the City. Valerie Basquette, Rosemead resident, said she has many trees and requested a copy of the ordinance be provided to her to ensure her property is in compliance. Brian Lewin, Rosemead resident, spoke in support of the ordinance and indicated some fine tuning of components might be in order. In addition, he suggested that all proposed ordinances be made more readily available to the public. He suggested ordinances be posted on the City website and extra copies be placed at City Hall. The public hearing closed at 7:46 pm. Councilmember Taylor asked why the Rosemead Rehabilitation Appeals Board no longer meets to hear resident appeals regarding property code enforcement issues. City Manager Chi explained previous procedures took additional time. He advocated the proposed ordinance will produce better results by allowing staff to be proactive and was the result of council and community requests to make the city look nicer. Mr. Chi conceded the Ordinance has some onerous provisions and indicated changes had been made in the last two weeks to make the Ordinance more acceptable to Council. He stressed the proper enforcement of the Ordinance. Councilmember Taylor requested clarification on how the Ordinance was different from the Rehabilitation Board. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 3 of 17 0 . 0 City Manager Chi responded that the Ordinance will provide more tools to get results Councilmember Taylor commented the Ordinance specifies a resident can appeal the staff decision before a judge and asked for clarification on this. Interim Public Safety Director Anderson replied that a resident could appeal a decision before a judge at El Monte court. Mr. Anderson confirmed the City Attorney would be involved in the process. Councilmember Taylor surmised this would most likely require the resident and City to involve an attorney in the process which raises costs for both parties. He felt the proposed Ordinance is too extreme and will result in City Attorney charges at a couple of hundred dollars per hour. Interim Public Safety Director Anderson pointed out that in reality the new Ordinance will actually reduce costs because currently Building zoning codes are being used for enforcement. The new Ordinance specifically addresses property maintenance issues and will give the City the opportunity to recover costs and seek successful prosecution. Councilmember Taylor explained to Mr. Anderson, who confirmed he had never attended a Rehabilitation Appeals Board meeting, that the Council was able to address property maintenance issues and fine non-compliers through the Rehabilitation Board. Interim Public Safety Director Anderson pointed out the new Ordinance does allow for a hearing in City Hall with a person appointed by the City Manager. Councilmember Taylor felt uncomfortable giving one person the ability to make the appeal decision versus five people on the Rehabilitation Board who might have more compassion and understanding for special circumstances such as illness. City Manager Chi replied the City had a process in place before which did not achieve appropriate results. The Ordinance will provide staff with a tool to more effectively clean up properties whereas the previous process resulted in absentee landowners who came before the Rehabilitation Board which didn't warrant the type of attention, time and costs associated with pursing those cases. Mr. Chi asserted the new process will allow staff to handle things administratively and aggressive legal action will only be taken after at least two correction letters are served and staff has had the opportunity to engage property owners and appropriate action is still not taken by property owners. Mr. Chi assured the Council that staff will enforce the Ordinance appropriately in a manner consistent with Council direction and added that staff has no intention of taking a sick person to court. City Manager Chi offered Council can change the Ordinance wording if desired or if the staff person is not enforcing the ordinance appropriately, the Council can take it up with him. Councilmember Taylor reiterated he felt uncomfortable with only one person with the Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 4 of 17 authority to approve an appeal and felt the five person Rehabilitation Board format was better. He asked who stopped it and why. Mayor Pro Tern Nunez pointed out that even Rehabilitation Board cases sometimes went to court and that current codes do not have strong language to ensure clean-up and aesthetic compliance. Mr. Nunez went on to say that during Rehabilitation Board meetings the Council sometimes asked inappropriate questions and gave inappropriate advice and felt the new Ordinance has a good chance of working. Mayor Tran interjected the Ordinance should be brought back because the Council had a lot of questions. He suggested previous procedures be compared with the new Ordinance and then fine tuned after Council discussion. Councilmember Taylor pointed out the Rehabilitations Board had the authority to remove buildings if needed and advocated the appeal process be kept closer to home. City Manager Chi requested feedback from Council. Mayor Tran suggested the Ordinance be brought back at a later time. Councilmember Clark conceded the City might not have been proactively conducting code enforcement activities but felt the Ordinance as proposed was overkill. She opposed a portion of the Ordinance that gives residents 10 calendar days to contest a notice of abatement, after which an appeal goes to court. Ms. Clark was concerned about a resident loosing the right to an appeal if on vacation or doesn't see the notice. She asserted the Ordinance be changed before coming back to Council. Mayor Pro Tern Nunez asked how many resident contacts will be made before a notice is sent out. Interim Public Safety Director Anderson reported a notice will never go out before a personal contact is attempted. Councilmember Clark asked why that procedure is not specified in the Ordinance. Interim Public Safety Director Anderson responded that is how Council wants the Ordinances and indicated with Council's direction the process could be enhanced to educate the public about how valuable property clean-up is. He added the Ordinance will give staff the guidelines to educate residents. Mr. Anderson went on to say that an attorney was also involved with the Appeals Board and that the new Ordinance will keep enforcement at a staff level which is cheaper and more accountable to the City Council. Councilmember Clark asked again how the Ordinance specifies friendly education measures will be taken prior to serving property owners with legal notices. Interim Public Safety Director Anderson replied that that strongest appeal a resident has Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 5 of 17 s • is to come to Council to adjust staff or adjust the Ordinance Mayor Tran suggested the Council review previous procedures and reiterated an attorney was involved with the Rehabilitations Board. City Manager Chi asked if he should schedule a study session on the topic. Mayor Tran asserted he wanted to bring back what had been done before. Councilmember Clark stated she was not satisfied with Mr. Anderson's response because there is no place in the Ordinance that specifies how residents will be approached other than the notice which contains a 10 day appeal period. She opposed the section that states the City can omit portions required in the notice and still have it be valid, but property owners are bound by the 10 calendar day provision. She also objected to calling each day an owner fails to comply a separate criminal offense. Ms. Clark felt these stipulations were draconian and need to be revised before the Ordinance is brought back. Councilmember Low commented some type of Ordinance is needed to ensure problems are taken care in response to resident concerns, but suggested staff revisits the wording to ensure it is not abused by future administrators. Ms. Low suggested the Council postpone the item to consider what can be done. Mayor Tran suggested the item be tabled to give staff time to address concerns. Mayor Pro Tern Nunez suggested the Ordinance be brought back as a whole along with the old codes so the Council can decide together what should change. He surmised that what might be confusing and what Councilmember Clark might want to see are administrative procedures that lead up to the end result of the code. Councilmember Clark disagreed with the idea of bringing back the same Ordinance without revisions. She felt it was a waste of time if statutes are contained which could be abused. Councilmember Low felt the old code along with the new code should be brought back with the opportunity to make changes. Mayor Tran suggested the item be tabled for now and the old version of code provided to the Council first. Mayor Pro Tom Nunez made a motion, with a second by Councilmember Low to table the Ordinance. Councilmember Taylor clarified that by old version, he wanted the concept of the Rehabilitation Board brought back for discussion because in his opinion the Board was able to resolve all issues brought before it. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 6 of 17 • Mayor Tran stated he agreed that the Rehabilitation Board can still be a function of the new Ordinance which is why he wanted to bring the item back. Jim Clouet asked if residents could be informed when the study session takes place. Councilmember Taylor reminded Mr. Clouet agendas are posted 72 hours in advance 3. PUBLIC COMMENT FROM THE AUDIENCE Jean Hall, residing at 3655 N. Muscatel, expressed dissatisfaction with the new majority citing issues such as abuse of power, the replacement of City staff, the replacement of Traffic and Planning Commissioners with friends and family as a form of repayment of support during elections and imposing a totalitarian form of government in the City. Lanny Aplanalp, residing at 4746 Fendyke, suggested the City adopt a more proactive approach to mitigate abandoned shopping carts by concentrating efforts to prevent the taking of carts rather than having City staff pick them up and returning them to stores. Interim Public Safety Director Anderson explained a contractor retrieves abandoned carts; City Code Enforcement officers also return carts to shopping centers. Juan Nunez, Rosemead resident, discussed a state code that prohibits removal of carts from shopping centers. Jim Flournoy, Rosemead resident, advocated the City should apply for Rivers and Mountain Conservancy grants. Mayor Pro Tern Nunez indicated the City will work with Councilmember Clark to initiate projects to stop washout before it gets into the river, etc. Mr. Flournoy also inquired about trail projects along the Edison right of way. City Manager Chi indicated staff is working on the Edison project. . Additionally, Mr. Flournoy indicated this topic was supposed to be on the agenda but was pulled off. He stressed the importance of leaving things on the agenda so Council can give direction, even if majority direction is to remove or table an item. Marissa Castro-Salvati, from Southern California Edison, thanked the City for its patience during the recent heat wave. She reported SCE is replacing downed transformers to deal with the problems that arose during the heat wave. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 7 of 17 0 • 4. CONSENT CALENDAR A. Resolution No. 2007-36 Claims and Demands Recommendation: Adopt Resolution No. 2007-36, for payment of City expenditures in the amount of $1,142,665.33 demands 58597 through 58642 and demands 60402 through 60476. D. New Commercial Vehicle Purchase The City Council approved $40,000 in the Fiscal Year 2007-08 budget for the purchase of one (1) new commercial vehicle for the Public Safety Services Department. The vehicle will be utilized by the Field Services Division to assist in graffiti abatement, sign replacement, and other immediate City maintenance needs. Recommendation: That the City Council award a contract to Scott GMC, El Monte Truck Center in the amount of $36,700 for the purchase of one (1) Chevrolet Silverado truck. Councilmember Taylor made a motion with a second by Councilmember Clark to approve Consent Calendar items A and D as described above. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Minutes July 17, 2007 - Special Meeting Councilmember Taylor made a motion with a second by Councilmember Clark to approve the July 17, 2007 minutes with a small correction on Page 6. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Absent: None Abstain: None B. Minutes August 14, 2007 - Special Meeting August 28, 2007 - Regular Meeting Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 8 of 17 • Mayor Pro Tern Nunez made a motion, with a second by Councilmember Clark to approve the August 14, 2007 and August 28, 2007 minutes. Vote resulted: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None Councilmember Taylor stated he voted "No" because he had requested a portion of the minutes be recorded verbatim and they were not because a majority of the Council did not approve his request. C. Utilizing City Facility until Midnight An applicant has requested the use of the Garvey Center for a private function until midnight on September 29, 2007. The rules and regulations for the facility usage indicates that all activities must cease by 11:00 p.m. and amplified music or sound that can be heard by the general public must cease by 10:00 p.m. Recommendation: That the City Council approve the extended usage until midnight with all music ceased by 11:00 p.m. Resident Juan Nunez spoke against the extended usage as he felt it would set a precedent if an exception is made. ' Councilmember Taylor clarified this has been done on several occasions in the past few years with no apparent complaints or problems. Councilmember Low made a motion, with a second by Mayor Pro Tern Nunez to approve the extended usage until midnight with all music ceased by 11:00 pm. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None E. CalPERS Contract Amendment Update On June 12, 2007, the City Council voted to approve a modified benefits package for employees. Based on direction given at that meeting, staff has been coordinating with CalPERS to finalize the implementation of the 2.7% @ 55 pension formula with the one-year final compensation calculation for miscellaneous employees. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 9 of 17 • 0 On August 14, 2007, the City Council approved the Resolution of Intent to initiate this change with CaIPERS. Now, in order to finalize the process, the City Council must approve an ordinance to formalize the City's intention of amending our contract. Recommendation: That the City Council waive further reading and introduce Ordinance No. 856, amending the City's contract with CaIPERS. Resident Juan Nunez began to discuss a CaIPERS health issue, but was reminded by Mayor Tran that the issue before Council was in regards to retirement benefits. Mr. Nunez did not have any comments regarding CalPERS retirement. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to approve Ordinance 856 amending the City's contract with CaIPERS. Vote resulted: Yes: Low, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None Councilmember Clark stated she voted "No' due to the high cost to the City. Councilmember Taylor stated the reason he voted "No" is recorded in previous minutes. 5. MATTERS FROM MAYOR & CITY COUNCIL A. Release of Personnel Investigation Report - Requested by Councilmember Taylor At the August 28, 2007 City Council meeting, Councilmember Gary Taylor requested that an item be placed on a future agenda to vote on the distribution of a report prepared by an outside investigative firm dealing with a pending personnel issue. Councilmember Taylor has submitted this request in writing. Recommendation: That the City Council provide direction to the City Attorney and staff with regard to releasing the information being requested by Councilmember Taylor to the entire City Council. Councilmember Taylor read portions of his letter submitted as part of the Agenda packet in response to a letter dated August 14, 2007 stating City Attorney Garcia's. report release denial. The content of Mr. Taylor's letter refuted City Attorney Garcia's reasoning for denying City Council access to two reports discussed with Council in response to a lawsuit initiated by a City employee. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 10 of 17 Councilmember Taylor asserted he was not asking for the documents as a member of the public, but rather as a member of Council charged with the responsibility and obligation to carefully review what actions need to be taken to protect the rights of employees and City residents. Mr. Taylor asked why the Rosemead City Council *as the "Client" has to waive exemption and authorize disclosure to it self. Councilmember Taylor claimed the City Attorney was making personal conclusions and personal opinions for all elected officials and employees of Rosemead. Mr. Taylor asserted the investigation, which reported the experiences of 22 City employees, revealed a hostile work environment and identified several areas of concern other than the accusations against Mayor Pro Tern Nunez. Mr. Taylor felt the information is being withheld at the expense of employee jobs. Mr. Taylor asked Assistant City Manager Saeki to expand upon a conversation regarding previous Planning Administrator Brad Johnson. City Attorney Garcia cautioned Mr. Taylor to keep the discussion to the topic listed on the agenda. Councilmember Taylor referenced an article from the San Gabriel Valley Tribune on September 8, 2007 in which City Attorney Garcia indicated Mr. Taylor was not entitled to the report. City Attorney Garcia explained Mr. Taylor was not entitled to the report because he was requesting it as an individual Councilmember. He indicated if the Council wants to receive it, a majority of the Council needs to request it. Councilmember Taylor asked how the Council is supposed to make a decision if none of the Councilmembers have received a copy and the City Attorney is the sole holder of the information. City Attorney Garcia replied Council held a closed session to discuss report contents. Councilmember Taylor reported the investigator only covered one of the two reports during the closed session. Councilmember Low felt Councilmember Taylor might have been talking about a different meeting. She felt the closed session was very educational. Ms. Low stated she understood Councilmember Taylor's concerns and suggested they further discuss the topic in closed session. Councilmember Taylor indicated he would not participate in closed session on this topic with City Attorney Garcia. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 11 of 17 Councilmember Low explained the City Attorney can explain matters to the Council in closed session and indicated Councilmember Taylor was missing information by not attending closed session. Councilmember Taylor replied he did attend the initial closed session, received information and then received contrary information at a subsequent session. As a result he felt he had no choice but to go public in order to receive the report. . Councilmember Low asserted that Councilmember Taylor did not have all of the information and urged his attendance at closed session. She added that the City Attorney may have information he can't disclose in public, but may in closed session. In response, Councilmember Taylor recited the people he contacted and specific dates he requested reports: March 21, March 27, April 5, April 19, April 24, June 26, July 3, July 4, July 17, July 26, August 2, August 14, and September 5, 2007. Councilmember Low indicated the City Attorney must have a reason for not releasing the reports and felt they will be released eventually. Councilmember Taylor advocated City Attorney Garcia does not set policy and reviewed the number of staff changes including two City Managers, an Assistant City Manager, two City Attorneys, City Clerk, Director of Parks and Recreation, Planning Director, two Finance Mangers, an Accountant and one or two Parks and Recreation employees that have taken place in the past two years. Councilmember Low conceded she agreed with Councilmember Taylor's letter but suggested they go into closed session to receive reports. Councilmember Taylor asserted he wanted reports prior to going into closed session. Mayor Tran suggested reports distributed in closed session. Councilmember Clark interjected they needed to vote about getting reports. Councilmember Taylor made a motion with a second by Councilmember Clark to get the reports. Councilmember Low clarified the motion was to get the reports in closed session. Mayor Tran confirmed that was the motion. Councilmember Taylor clarified it was the report he wanted, not the claim and indicated he wanted the reports ahead of time. Mr. Taylor asked the Council if in 34 years, if anyone could say he ever gave away a confidential report to the public. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 12 of 17 0 • City Attorney Garcia replied he could say Councilmember Taylor gave away confidential information. Councilmember Taylor replied this is why it would go to the Grand Jury and then proceeded to read an article about a conflict of interest case in which a judge determined a public official can be guilty of corruption even if the official relies upon an opinion from a public City Attorney, a subordinate of the City Council. Mr. Taylor claimed information was being covered up at the City of Rosemead. Mayor Tran stated he would do this: support Council making report available at the next closed session meeting with the appointed JPIA attorney present to make the determination as to whether to make the report public. Councilmember Taylor clarified he wanted copies of both reports in open session. He indicated the JPIA attorney already told him he would not get the reports. Councilmember Low made a substitute motion to receive reports in closed session if the JPIA attorney approves it. Councilmember Clark asked if Councilmember Low's motion was to only receive the reports if the JPIA attorney approved the report release. Councilmember Low indicated that was her motion and commented that if the attorney doesn't approve the release there must be a valid reason. City Attorney Garcia clarified the current discussion included the report being released in closed session. The remaining issue was if that report would be available out of closed session. He suggested that that decision be left up to the JPIA attorney and suggested that be the motion. Councilmember Low agreed that was fair. Mayor Tran supported it with a second. Councilmember Clark referenced an August 25th newspaper article regarding a similar case pertaining to Baldwin Park School District to make the point that releasing an investigative report is not without precedent. Councilmember Clark also referenced a September 8th Tribune article in which the City and Mayor Pro Tern Nunez denied allegations; she felt this statement was crucial. Councilmember Taylor asked Councilmember Low to clarify her motion. Councilmember Low asked Mayor Tran to assist with the clarification. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 13 of 17 Mayor Tran recited the motion: Bring back the report at the next closed session and make it available to the Council; the report will only be released outside of closed session if the JPIA appointed attorney feels it is appropriate. Councilmember Taylor wanted to also have the reports sent to the Grand Jury, the LA District Attorney, the Attorney General and the Department of Justice. Councilmember Tran asked what the other report Councilmember Taylor was referring to as he was only aware of one report. City Attorney Garcia replied one was the Alconin issue and wasn't sure about the other. Councilmember Taylor insisted there were two reports. Councilmember Low clarified her motion: Get the report in closed session and leave it up to the JPIA attorney to advise whether the report is released out of closed session. She added that the probability is the Council will read it and give it back to the attorney. Councilmember Taylor made a substitute motion on the substitute motion to have the two reports sent to the Grand Jury, the Los Angeles District Attorney, the State Attorney General and the Department of Justice. City Attorney Garcia commented if Councilmember Taylor's motion is approved, it would constitute an automatic waiver of privilege, as all four of the entities referenced by Mr. Taylor are not part of the City. Councilmember Taylor advocated he felt a cover up was taking place because the City Attorney was telling the Council they could not read the report. City Attorney Garcia clarified he wasn't saying the Council couldn't - he was saying Councilmember Taylor could not. Councilmember Taylor replied the rest of the Council doesn't want to read the report. City Attorney Garcia replied if the rest of the Council doesn't want to read the report, then only Mr. Taylor does. Councilmember Taylor replied he felt the rest of the Council was negligent for not wanting to read the report. Councilmember Low asserted Mr. Taylor should not speak for the entire Council; Ms. Low clarified she had never said she didn't want to read the report. Mayor Tran asked if Councilmember Taylor had a second to his motion; he did not, so it died for a lack of a second. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 14 of 17 0 Mayor Tran went back to the motion on the table: To have the report ready at the next Council meeting for Council distribution in closed session and have the JPIA attorney determine if report can be released out of closed session. Councilmember Clark asked if the motion would allow Councilmembers to take the report with them out of closed session. City Attorney Garcia clarified council members can take it, but not in public. Mayor Tran called for the question. Rosemead residents Jim Flournoy and Juan Nunez reminded the Mayor they had submitted speaker request cards to speak on the item prior to a vote. Resident Juan Nunez advocated the public has a right to know how money is spent. Resident Jim Flournoy advocated that Council should not be allowed to take reports with them out of closed session as this might harm the City's case. He also indicated staff can be counseled separately about hostile work environment issues without identifying where information came from until legal trials are over. The Council voted on the substitute motion made by Councilmember Low with a second by Mayor Tran to have the report ready at the next Council meeting for Council distribution in closed session and have the JPIA attorney determine if the report can be released out of closed session. Vote resulted: Yes: Clark, Low, Tran No: Taylor Abstain: Nunez Absent: None Councilmember Taylor indicated he voted "No" because he wanted to receive the reports ahead of time, prior to the closed session, as the JPIA attorney has already determined he can't have the reports. Councilmember Low pointed out the Council will have the information prior to making a decision even if they can't take the information out of closed session. Councilmember Taylor replied the information in the report needs to be verified; he indicated he had already asked former employees what their comments were and wanted to see if the report information is consistent. Councilmember Taylor made a motion with a second by Councilmember Clark to have this section of the minutes recorded verbatim. Vote resulted: Yes: Clark, Taylor Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 15 of 17 • • No: Low, Nunez, Tran Absent: None Abstain: None B. Approval of City Manager Contract Agreement On August 28, 2007, the Rosemead City Council voted to appoint Oliver Chi as City Manager. In addition, the Council directed the City Attorney and Mayor negotiate a contract agreement for City Council approval. Recommendation: That the City Council approve the employment agreement between the City and Oliver C. Chi, authorizing his appointment as City Manager of the City of Rosemead. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Low to approve the City Manager contract with Olive C. Chi. Vote resulted: Yes: Clark, Low, Nunez, Tran No: Taylor Absent: None Abstain: None Councilmember Taylor stated he voted "No" because he did not feel Mr. Chi has the required experience. Mayor Pro Tern Nunez stated he voted "Yes" because the previous City Manager had a 35 year career which began at Mr. Chi's current age. 6. MATTERS FROM CITY MANAGER & STAFF A. Citizens' Option for Public Safety (COPS) Funds In 1996, the California Legislature approved AB 3229 (Brulte) allocating $100 million for local police services. In 2002, the program was renewed and extended under SB 823 (Poochigian). The City of Rosemead has participated in this program over the last several years through the Citizens' Option for Public Safety (COPS) which is similar to the Local Law Enforcement Block Grant (LLEBG) administered by the Department of Justice. In past years, the funds have been earmarked for various frontline police services. The city received approximately $100,000.00 for fiscal year 2005-06 and fiscal year 2006-07 which funded motorcycle traffic enforcement, a law enforcement technician, and special event overtime. The administration of this grant requires that it be agendized and that the City Council publicly discuss and approve the expenditure of these funds. Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 16 of 17 • 0 Therefore, for fiscal year 2005-06 and fiscal year 2006-07, these funds were once again budgeted and expended to offset the costs for motorcycle traffic enforcement, a law enforcement technician, and special event overtime. Captain Richard Shaw, Temple Station Commander is aware of this expenditure and concurs with this use of the COPS grant funds. Recommendation: That the City Council approve the appropriation of the COPS funds for fiscal year 2005-06 and fiscal year 2006-07. Councilmember Taylor made a motion with a second by Councilmember Clark to approve the appropriation of the COPS funds for fiscal year 2005-2006 and fiscal year 2006-07. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 7. ADJOURNMENT The meeting adjourned at 9:27 pm. The next regular City Council meeting is scheduled to take place on September 25, 2007 at 7:00 pm. Respectfully submitted: IFW-- &I Nina Castruita CITY CLERK APPROVED: in Tran YOR Rosemead City Council Minutes Regular Meeting: September 11, 2007 Page 17 of 17 0, STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) r I, Nina Castruita, City Clerk for the City of Rosemead, do hereby certify that the minutes from September 11, 2007, were duly and regularly approved and adopted by the Rosemead Community Development Commission on the 9th of October, 2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Nina Castruita City Clerk