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CC - 06-27-06• MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL June 27, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:10 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 Taylor. The Invocation was delivered by Pastor Jonathan Wu. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and Mayor Taylor Absent: None 1. PRESENTATIONS Rebuilding Together, West San Gabriel Valley Chapter- April 29th, 2006 Rebuilding Day" Rosemead Participants - Director of Planning Brad Johnson gave a PowerPoint presentation that demonstrated the work that volunteers completed to assist community members. Members of San Gabriel High School's Kahana Kai Club were presented with a certificate to recognize their significant contributions and all of the Council Members praised their efforts. Asian Pacific Family Center A. C. T. I.O. N. Program Yang Quinn from the Asian Pacific Family Center along with youth members from Rosemead High School recognized the City of Rosemead's contribution to the A.C.T.I.O.N.'s Safe and Sober Campaign, by promoting and offering non- alcoholic family events. A certificate was presented to the City Council. City Employee Basketball Tournament: Members of the Rosemead City Staff Basketball Team were recognized for their first place finish in Tournament play against teams from the Cities of Arcadia, Commerce, Lomita, Long Beach, and Lakewood. Councilman Tran also played on the team. The Rosemead team won the Tournament with a 4-0 record; a plaque was presented to commemorate their achievement. 2. MATTERS FROM CITY MANAGER & STAFF A. Smoke Free Parks Ordinance Mayor Taylor moved this agenda item to the top of the agenda to facilitate an earlier public comment from school-age audience members. CCMIN: 6-27-06 Page I • At the June 13, 2006 City Council Meeting, staff was directed to prepare an Ordinance that would ban smoking in all public parks. If approved, the measure would make it unlawful to use and dispose of any tobacco-related product in any City park. A first violation of the proposed ordinance would result in a fine of no more than $100, a second violation would result in a fine of no more than $200, and a third violation and every violation thereafter would be punishable by a fine of no more than $500. Recommendation: That the City Council add section 12.44.050 to the Rosemead Municipal Code banning smoking in all City Parks. Janice Chow spoke on behalf of the American Cancer Society to encourage the City to adopt a Smoke Free Parks Ordinance. Nisha Varghese, representing the Coalition for Smoke-Free Rosemead Parks, spoke in support of the Smoke Free Ordinance and discouraged the use of designated smoking areas and reported that the US Surgeon General recently concluded that there is no risk free level of second hand smoke. Christine Otero, representing the Coalition for Smoke-Free Rosemead Parks, spoke in support of the smoking ban. Ms. Otero reported that cigarette butts were found in Rosemead and Garvey Parks exposing park guests to harmful second hand smoke. Recently, a total of 556 cigarette butts were found in playgrounds, parking lots, basketball courts, walk-ways and picnic areas in Rosemead Park. Last August, nearly 800 cigarette butts were found in Garvey Park and more than 1.500 were found in Rosemead Park. Sonya Vasquez, Co-Chair for the Coalition for Smoke Free LA County, spoke in support of the Smoke Free Parks ordinance and mentioned other cities that have also implemented smoking bans in public areas. Councilmember Tran made a motion to add the ordinance to the City's Municipal Code as written with a second by Mayor Pro Tern Nunez. Councilmember Clark asked to amend the ordinance to incorporate designated smoking areas. She cited one of the consequences to a smoking ban in Rosemead parks might be an increase of childhood obesity as parents who smoke may not bring their children to the park to exercise. Councilmember Clark's amended motion did not receive a second; she requested the record also state her opposition to the ban because law enforcement personnel might be deterred from other duties to enforce the Smoke Free Parks Ordinance. CCMIN: 6-27-06 Page 2 • • The original motion by Councilmember Tran and Mayor Pro Tern Nunez stood; vote resulted: Yes: Nunez, Taylor, Tran No: Clark, Imperial Abstain: None Absent: None PUBLIC COMMENT FROM THE AUDIENCE Yuki Fukumoto, residing at 1807 Delta Avenue, discussed the Wal-Mart helicopter lift on Saturday, June 17, 2006 that took place over Delta Avenue and asked why security was not on ground to protect residents. Ms. Fukumoto indicated she did not see sheriff personnel at the site. A fence came down as a result of wind generated by the helicopter. Mayor Taylor stated for the record that sheriffs were at the site but did not close- off the periphery. In addition, Mayor Taylor indicated the contractor was responsible for the operation. He also stated that the contractor will adjust for damages inflicted on the car that received damage once a claim is submitted. Ms. Fukumoto contacted the FAA who is investigating the helicopter incident as standard procedure dictates the periphery is secured. Apparently the area was not watered down sufficiently; the AQMD is now involved as a result. Mayor Taylor asked Ms. Fukumoto if she had received notice of the helicopter lift. She indicated that yes, notice had been received on Friday. As City Hall was closed on Friday and the operation was scheduled to take place the next day, Ms. Fukumoto requested additional notice for future notices and she asked Assistant City Manager Don Wagner get back to her regarding follow-up after the helicopter lift. Councilmember Clark requested a full report as to why the fence came down. Mayor Pro Tern Nunez pointed out that regulations were not followed and asked if the conditions of permit mandates further action. Mayor Taylor indicated staff would follow-up and cross reference conditions of permit. Cynthia Melendrez, residing at 7433 Garvey Avenue, asked on public record that a relocation impact report be submitted for resident protection aside from the one being created on behalf of the developer through Mecky Meyers. Mayor Taylor asked City Attorney Wallin what the City's jurisdiction is in regards to the Mobile Home Park. CCMIN: 6-27-06 Page 3 • • City Attorney Wallin explained that state law requires that prior to closure of a mobile home park, a builder has to submit a relocation impact report to the City. The City Council reviews the report and approves it with conditions to mitigate the hardships to mobile park residents. To date, the City has received a draft of the impact report and will set a hearing date shortly. At the request of residents, Ms. Meyers will not be involved in gathering confidential reports from Mobile Park residents. Instead, residents will submit reports to the city which will remain confidential. Mayor Taylor expressed concern about having residents turn in reports directly to the City, as this might expose the city to litigation. City Attorney Wallin indicated this was not the case. Councilmember Imperial advocated City involvement to support residents as much as possible. Mayor Taylor: Mr. Larry Aplanalp Mr. Aplanalp: My name is Larry Aplanalp and I live at 4766 Fendyke Ave. You were all here when I was here a couple of weeks ago to talk about graffiti. First of all, I would like to say this is not intended to a complaint here tonight. I am not complaining. It's an effort to help you, help the city and everybody that lives in the City. Secondly, here are just a few statistics that I have prepared if you would like to pass them out if any of the council people would like to have a copy of this. These are statistics that are derived from information provided by the city and by you. Just to summarize very quickly. You report a number of reports of graffiti per week. Between 600 and 800 a week. If you multiply that times three year, or a hundred and fifty six weeks, minimum you would have 93,600 reports in three years. Maximum you would have a 124,800 reports in three years. And if you use an average, you would have a least 109,000 reports. You take the minimum and divide that by the rewards that were granted and you have 46,800 reports per reward, the city reward of $1,500 dollars for reporting. That's a staggering statistic when you think about it. Look at it. Taylor: Would you go back to the beginning where your comment was how many do we get per week. Mr. Aplanalp: In the report that was given distributed in the city between 600 to 800 reports of graffiti per week. That was a written report put out by the city. Taylor: Have you seen, and I'm not being argumentative, but every week we get a list of the graffiti that the city has to go out and cover up. And there has never been, ever been a report that high. And now I'm trying to get the correlation. If CCMIN: 6-27-06 Page 4 • we are going out and doing 80 to 120 per week. And you could check every single week and I hope that you do come in and ask to see those weekly reports. If they are doing 600 to 800 a week, take 10 weeks and now we are up to 6,000 to 8,000 in 10 weeks. That's a very large number and our staff, we have three full time employees out three getting rid of the graffiti. So somebody, the figures do not match and you are welcome to come in. City manager, I would like you to have staff put together the last two months of what we did each week. Because those are extremely high figures. We are frustrated with it, but I want to put it in a fair ball park. Mr. Aplanalp: That's fine. They are not my figures; they are figures that come out. They are published and put out in print in the Rosemead Resource. Taylor: Good. Now that I've got that source, we will check that because those are astronomical figures. Mr. Aplanalp: Astronomical is an understatement. Taylor: I'm sorry I interrupted you, go ahead. Mr. Aplanalp:That's okay, fine. The next, for your information is the vandals, call them vandals or taggers only get a slap on the wrist when they are caught and punished. Specifically what does that mean. I didn't think about that at the time or had time to reflect. What is a slap on the wrist. What is the punishment for a first offense and conviction. Anybody can tell me. What is it. I'm sorry. Tran: Maybe the lieutenant can address this question. Imperial: I can help you Mr. Mayor. It depends on their age and where they send them to. Send them to Pasadena. They get a slap on the hand. Send them to El Monte, they are going to get a big slap. That's the way it works. Mr. Aplanalp: What is a slap. What does the mean. Imperial: That means that what is going to happen to them because of it and isn't as bad as in Audience: What does it mean? Is it two weeks. Imperial: Did you want to talk? Audience: I'm sorry. Imperial: Okay CCMIN: 6-27-06 Page 5 a • Mr. Aplanalp: I would like to know. Perhaps somebody on the council or the city attorney or somebody can tell me. What is a slap on the wrist, what does that mean, a three hundred dollar fine or a four dollar fine? Or two months in jail. What is it? Imperial: I'm pointing out the real problem with it because they don't take care of these people like they should and we have no control. That's what I'm saying. Mr. Aplanalp: I am trying to find out what is the punishment. What is ..what happens when you catch these people? City attorney: Is a misdemeanor it is punishable by a fine of up to a thousand dollars and imprisonment. Mr. Aplanalp: Does that increase or does the judge's discretion generally get worse if it's the second or third offense. City attorney: Probably Mr. Aplanalp: Probably City Manager: One of the problems we have here Mr. Mayor, maybe Lieutenant Wallace would like to briefly address this. One of the problems is most of these folks are juveniles. And court records for juveniles by their nature are sealed. So a lot of the information that we have, exactly what happen to an individual is not always available to us. But, Wayne would you be able to tell us generally what happens to an offender, how they handle it. Lieutenant Wallace: Usually a juvenile on the first case will go to juvenile court over in Pasadena and they will get probation, likely probation that might last a year, or there might be restitution. A lot of vandalism charges are based o the dollar amount of the damage. And the individual you might catch might have tagged up 20 different buildings. But by the time you catch him, you catch him doing on building and you can't tie that back. Starting this year, legislature changed some of the laws and what we are doing with the laws now is a juvenile gets caught the driver license is taken away automatically for a year. At the judge's discretion if the juvenile can show that he needs to get back and forth to work can receive a restricted license that allows him to go back an forth to work. I'll give you an example. Last week at the graduation at Rosemead High School we arrested two young men that had been tagging around here, we caught them in the act and they were both 18 years old and they were on active probation for vandalism. By being adults they are going over to Rio Hondo (Court) and we're looking at jail time. They filed two felony counts and damage of over $400 dollars. I have been providing arrest reports to Mr. Wagner and we are arresting people, but this issue... Mr. Lazzarretto we talked about it a week an a half ago. I attended a meeting called the Multi Agency Graffiti Organization. And there CCMIN: 6-27-06 Page 6 • • were representatives from Cal-Trans various municipal county government agencies and it isn't only this city that is having a problem. It is virtually county wide. Cal-Trans graffiti clean up bill for the last year was $1.4 million dollars according to a representative that was there. I just give you that to show that we are not the only place in the world. I can't remember the lady's name. But she talked about the murals on the freeways and I happened to go downtown L.A. the other day. Last weekend and those murals that are painted down there and they did such a wonderful job on. I mean they were just tagged from one end to the other. It was almost sacra-religious to see what is going on. But it is happening county side. It is an issue I can certainly appreciate your frustration but it is everywhere. Mr. Aplanalp: I think its worse in some areas than in other areas. You look at some cities that are really pretty clean. I don't know what they are doing that we are not doing. But we should be doing... Lt. Wallace: if you listen to the other agencies in this room and it's a substantial number of agencies. Everybody is having a problem and it isn't just here. It isn't that the Sheriffs department is not doing what they are supposed to be doing. The arrest reports tell a different story. The courts are coming out with.. I mean you go to one judge and you get one story. Go to another judge and they will do something else. So when you talk about the sap on the wrist. If you go in there as a first time offender and having been zapped for vandalism charges you. Mr. Aplanalp: Is this something, is this a state law, county law, city law, what? Lt. Wallace: It's a state law and state law, governs punishment. If it's a felony its punishment in state prison for 2, 4, and 6 years and a certain fine amount. And of course the judge has the discretion with that he can give them county jail time instead of the state prison time. There are a variety of things where the judge has the discretion to make a decision and you know they don't always give the harshest penalty in the world. Mr. Aplanalp: What can we do about that as a city. Lt. Wallace: Write letters to your legislators. Mr. Aplanalp: Do you have any power to enhance this or make it more... Imperial: Larry, this is not an isolated thing. I think I told you at one time, but I never thought that I would see the day when I was driving through Beverly Hills and see the graffiti all over the place. But this is just not an isolated thing and the laws have been too soft on this issue. Mr. Aplanalp: Something's too soft. It's too soft all... I want to summarize this because of don't want to stay here all night. Whatever we can do to make some CCMIN: 6-27-06 Page 7 • • kind of an impact on the penalty, the punishment or whatever we can do. We certainly know where this graffiti is happening. The city has got to know.. You got three full time employees out there cleaning it up. And its happening in the same place over and over, and over and over. Night after night. Just one thing I would like to mention here. There was a case I don't remember where it happened, but it was very publicized case I saw it on television where some vandals had taken down some stop signs in the city. I think this was in the Midwest somewhere. And they were out vandalizing stop signs and they took a stop sign down and the result was there were two innocent teenagers young teenagers drove thru that intersection and were killed in an accident because there was no stop sign. So I hate to see a similar tragedy happen because some vandals had painted out perhaps a one way only or no right turn sign or something like that in our city and we don't get it cleaned up in time. We can stop this, we need to take some serious proactive kind of action here and do something soon folks. It's getting worse and worse, its not getting better, its getting worse. And we can't just say well, that's the way it is. It is happening in other cities too. It's not good enough. It's not acceptable to me it should not be acceptable to the city. Taylor: I thank you for your comments. Mr. Aplanalp: Let me just close by saying there was a broken window theory. I think Chief Bratton started it, clean up the broken windows you clean up a lot of other problems in the city. Let's do what we can. I hope I have helped. Thank you very much. I really appreciate your time. (Attached to these minutes is a copy of the Rosemead Resource article that Mr. Aplanalp was quoting from. He misquoted the word month and used the word week, thereby incorrectly making graffiti reports four times higher than the report stated.) Juan Nunez, residing at 2702 Del Mar Avenue, spoke about AB 1234 compliance and various workshops that council members and staff will attend at upcoming conferences. Mr. Nunez asked attendees keep resident interests in mind. Jim Flournoy, residing at Landisview, spoke about the Wal-Mart helicopter lift issue and wind issues that resulted in portions of the fence coming down on Rush Street today. Brian Lewin, residing at 8442 Ralph Street, discussed the Wal-Mart helicopter lift issue and asked why action was not being taken in light of the negligence exhibited by Wal-Mart contractors. Councilmember Clark asked why fence came down again today after being replaced after the helicopter lift. CCMIN: 6-27-06 Page 8 • • Marlene Shinen, residing 8447 Drayer Lane, South San Gabriel felt that cheap materials and sandbags caused the fence to come. Mayor Taylor asked Ms. Shinen to bring in pictures of the offenses and thought perhaps the contractor might be asked to use heavier weights to keep the fence down. He also asked Ms. Shinen to view pictures in relation to an incident with Sheriffs that took place several weeks ago. Ms. Shinen verified that her car was viewed over the line in the pictures, blocking the road. Mayor Taylor requested the pictures be included with the minutes of the last two meetings and asked the Assistant City Manager to give Ms. Shinen a copy of the pictures. Ms. Shinen also asked why a citation was not issued for Wal-Mart construction actions. It was explained that the City Attorney sent Wal-Mart a written warning instead. If compliance is not achieved, further legal action may be taken. Mr. Kunioka, residing at 8400 Wells Street, spoke about recycling issues in the community and asked if City Hall also recycles. Councilmember Clark clarified that recycling bins are in the back. In addition, Mr. Kunioka advocated the use of graduate students for certain evaluation projects. 4. CONSENT CALENDAR A. Resolution No. 2006-15 Claims and Demands Recommendation: Adopt Resolution No. 2006-15, for payment of City expenditures in the amount of $666,455.02 demands 53339 through 53523. C. Fiscal Year 2005-06 Budget Transfer Authorization A review of this year's budget indicates that some departmental accounts will exceed their budgeted amounts, and City Council action is required to transfer $328,300 in funds from unappropriated reserves to cover the shortfall. It is important to note; however, that total expenditures for the City are under budget. Recommendation: That the City Council authorize a transfer of $328,300 from unappropriated reserves to cover additional costs incurred during the current fiscal year 2005-06. E. 2006-07 City Budget and Appropriations Limit CCMIN: 6-27-06 Page 9 • • The 2006-07 Annual Budget includes expenditures of $36,100,890 with total funds available of $61,075,721, resulting with an ending fund balance of $24,974,831. The budget document presented for adoption reflects the personnel and Parks and Recreation capital outlay recommendations presented in the Budget Study Session held on June 6, 2006. Recommendation: That the City Council approve the 2006-07 City Budget and Appropriations Limit by adopting Resolution No. 2006-16. F. Investment Policy The City's Auditor, McGladrey & Pullen, LLP requires the City Council to approve on an annual basis the City's Investment Policy. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. Seq, and the City's investment philosophy is based on safety, liquidity, and yield. Recommendation: That the City Council adopt the Investment Policy. G. Crossing Guard Service Agreement with Rosemead School District Beginning in 1992, the City has managed and provided crossing guards for the Rosemead School District (RSD) at select locations. Recently, RSD requested that the City approve a renewed agreement for those services in an attempt to update the existing contract. RSD has requested seven crossing guards for the 2006-07 fiscal year, which is estimated to cost a total of $41,340. According to the terms of the proposed agreement, the City will organize and provide for all aspects of the crossing guard services and will be reimbursed on a monthly basis for all costs incurred by RSD. Recommendation: That the City Council authorize the City Manager or his designee to execute the agreement with the Rosemead School District for the provision of crossing guard services during the 2006-07 fiscal year. H. Agreement with Laidlaw Transit Services, Inc. Laidlaw Transit Services, Inc. provides the City's Dial-A-Ride and fixed- route (Shopper Shuttle) transit services. Since 2002, this contract has been extended annually along with a cost-of-living adjustment. This contract expires on June 30, 2006. It is proposed that the sixth amendment to the original agreement be executed thereby extending the contract through June 30, 2007, and granting a 4.3% cost-of-living adjustment. CCMIN: 6-27-06 Page 10 • Recommendation: That the City Council approve the Sixth Amendment to the agreement between Laidlaw Transit Services, Inc. and the City authorizing a one-year contract extension and a 4.3% cost-of-living adjustment, effective July 1, 2006, and authorize the City Manager or his designee to sign the contract on behalf of the City. Authorization to Attend League of California Cities 2006 Annual Conference and Exposition, September 6-9, 2006, San Diego, California Conference sessions will include Department Sessions, Concurrent Sessions, General Resolutuions Committee meetings and the Annual Business Meeting. Recommendation: That the City Council authorize any Council Member, the City Attorney, the City Manager and staff designee to attend the League of California Cities 2006 Annual Conference at City expense. K. Authorization to Attend 29th Annual MMASC Conference, July 19-21, Indian Wells, California Seminar sessions at the MMASC Conference will include a discussion on Public Finance 101, Innovations in Local Government Legislation, Tales from Young City Managers, and other related events. Recommendation: That the City Council authorize any Council Member, the City Manager, the City Attorney, or staff designee to attend the 29th Annual MMASC Conference at City expense. Authorization to Attend the Technical Track for Clerks (TTC) Seminar September 5-8, 2006, Riverside, California Seminar session at the Technical Track for Clerks will include discussion on the Municipal Clerk Profession, Meeting Administration, Records Management, Budgeting and Accounting, General Law, Negotiating Skills, Written Communication Skills, Ethics in the Profession, and Diversity in Organizations. Recommendation: That the City Council authorize the City Clerk to attend the Technical Track for Clerks Seminar at City expense. M. AB 1234 Meeting Reports AB 1234 requires that the City Councilmembers and staff provide a brief report on meetings attended at City expenses at the next regular City Council meeting. The City Clerk has received written reports filed by CCMIN: 6-27-06 Page I I • • Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Imperial, Commissioner Herrera, Commissioner Knapp, City Manager and staff. Recommendation: That the City Council receive and file said reports. Councilmember Clark made a motion to approve all items with the exception of Item I. Councilmember Tran requested items B and D be pulled. Councilmember Clark made a motion to approve all Consent Calendar items except B, D and I, with a second by Councilmember Tran. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Approval of Minutes December 14, 2004 - Regular Meeting August 9, 2005 - Regular Meeting December 27, 2005 - Regular Meeting The minutes from August 9, 2005 and December 14, 2004 were deferred until the next meeting. The minutes from December 27, 2005 were approved with two minor changes. Councilmember Clark made a motion to approve the minutes from December 27 (two minor changes) with a second by Councilmember Tran. Vote resulted - Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None D. Parks & Recreation Capital Project Funding At the June 6, 2006 Budget Study Session, the City Council directed staff to analyze the possibility of funding a variety of park and recreational facility capital projects with general fund reserves. In total, $809,770 worth of improvements were discussed for inclusion in the 2006-07 budget for projects ranging from improvements at Rosemead Park to upgrades at the Garvey Community Center. CCMIN: 6-27-06 Page 12 Allocating reserve funds should be carefully considered, and after a preliminary review of the different capital projects that need to occur during this next fiscal year, a more detailed spending plan for park and recreational facility upgrades should be created for City Council consideration. Recommendation: That the City Council take the following actions: 1. Appropriate $809,770 from unallocated general fund reserves into the 2006-07 Parks & Recreation budget for capital improvements. 2. Direct staff to bring back for City Council approval an allocation plan for those funds which includes a prioritized listing of park and recreation facility capital upgrades. 3. Authorize staff to expend those funds only after the City Council adopts an official park and recreation facility capital improvement plan. Councilmember Tran recommended the City Manager be given the authority to approve necessary repairs on an immediate, as needed basis. City Manager Lazzaretto clarified he would inform council about immediate needs. Mayor Taylor asked about the movement of items from the Community Development Budget to the City Budget and wanted clarification about exactly how the money would be used. He anticipated that certain projects might be a shared expense with the Community Development Commission. Mayor Pro Tern Nunez advocated approval of the item as is, with a slight change to Item 3 to allow certain immediate expenses at the discretion of the City Manager. Councilmember Tran made a motion to approve the item, with second by Mayor Pro Tern Nunez. Vote resulted: Yes: Clark, Nunez, Tran No: Imperial, Taylor Abstain: None Absent: None Mayor Taylor asked the record to show that he is not opposed to projects but felt uncomfortable approving the amount without clarification on project allocation to City and Community Development Commission budgets. Truck Parking Restrictions on San Gabriel Boulevard CCMIN: 6-27-06 Page 13 a • At the request of Los Angeles County Department of Public Works, the Rosemead Traffic Commission recommended restricting commercial vehicles weighing over 5 tons from parking on the west side of San Gabriel Boulevard between Towne Center Drive and the southern City limit. Recommendation: That the City Council approve the Traffic Commission's recommendation to restrict commercial vehicles weighing over 5 tons from parking on the west side of San Gabriel Boulevard between Towne Center Drive and the southern City limit. Resident Jim Flournoy spoke regarding Item I. He supported the staff recommendation and asked the City and the County work together to request the City of Montebello adopt the same parking restriction. Mr. Flournoy further advocated the City red curb Darlington Street where it dead-ends so drivers can make a u-turn. Councilmember Clark made a motion, with a second by Nunez to approve Item I as recommended by staff. Vote resulted. Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR AND CITY COUNCIL A. Mayor's Committee Appointments for 2006-2007 B. Traffic Commission Appointments Mayor Taylor requested the City Manager forward to him a report from the County Sanitation District, and he also asked the City Attorney for a definition of malfeasance. City Attorney Wallin clarified that the term refers to misconduct while in office. Mayor Taylor asked if an elected official is entitled to a defense if wrongly accused of a wrongful act. City Attorney Wallin stated that if a City Council member is prosecuted for malfeasance and the majority of the City Council finds that the Councilmember was acting in good faith, defense can be provided at City Council discretion. Mayor Taylor announced that Joan Hunter and Howard Masuda were appointed to the Traffic Commission. CCMIN: 6-27-06 Page 14 • i Mayor Pro Tern Nunez asked the Council consider Councilmember Tran as a delegate for the League of California cities. Councilmember Imperial indicated he has not had an opportunity to request his selected appointments. He asked the final list be deferred until the next meeting. The council agreed to defer the complete list of appointments until the next meeting with the exception of the following four appointments which the council agreed upon: 1) League of California Cities: Delegate - Councilmember Tran Alternate - Councilmember Clark 2) California Contract Cities Association: Delegate - Mayor Pro Tern Nunez Alternate - Councilmember Imperial 3) Mosquito Vector Board: Delegate - Bob Bruesch (former Councilmember) Alternate - Councilmember Clark 4) San Gabriel Valley Council of Government: Delegate - Councilmember Clark Alternate - Mayor Pro Tern Nunez Councilmember Tran made a motion to approve the four appointments with second by Mayor Pro Tem Nunez. Vote resulted: Yes: Clark, Nunez, Taylor, Tran No: Imperial Abstain: None Absent: None Councilmember Imperial requested the record show that he did not vote to approve the four appointments because he had not received the appointment information. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned in memory of Dan Hyle at the request of Councilmember Clark. The next regular meeting will be held on Tuesday, July 11, 2006, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk YOR CCMIN: 6-27-06 Page 15 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) 0 I, Nina Castruita, City Clerk for the City of Rosemead, do hereby certify that the minutes from June 27, 2006, were duly and regularly approved and adopted by the Rosemead City Council on the 12th of September, 2006, by the following vote to wit: Yes: Clark, Imperial, Taylor No: Nunez, Tran Absent: None Abstain: None .do Nina Castruita City Clerk I Irv. tYc~.ne~~ , a~