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CC - 04-08-03APPROVED- CITY OF ROSEMEAD. DATE ~ MINUTES OF THE REGULAR MEETING DIY 2 ROSEMEAD CITY COUNCIL APRIL 8, 2003 The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez 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 Clark. The Invocation was delivered by Pastor Tim Clark of the Neighborhood Covenant Church. ROLL CALL OF OFFICERS: Present: Councilmembers Imperial, Taylor, Mayor Pro Tern Clark, and Mayor Vasquez Absent: None PRESENTATIONS: A. PRESENTATION TO OUTGOING MAYOR BRUESCH Outgoing Mayor Bruesch received recognition for his past year as Mayor for the City of Rosemead and upon his retirement from the Council from the following: Aiha Nguyen representing Congresswoman Hilda Solis; Henry Lo representing State Senator Gloria Romero; Roland Aranjo representing Assemblywoman Judy Chu; Sharon Martinez, Vice-Mayor or Monterey Park; Gil Lopez representing Supervisor Gloria Molina;Vice-Mayor, representing the City of Monterey Park; Amy Perez and Fred Mascorro representing the Rosemead School District, John Tran representing the Garvey School District; Commander Roberta Abner representing Temple Station; Chief Dan Scott representing the Los Angeles County Fire Department; John Steelesmith representing Southern California Edison Company; John Nunez representing the Alhambra School District; Alejandra Vega representing Family Counseling of West San Gabriel Valley; Anthony. Robles representing the Rosemead Boys and Girls Club; Ernie Ayala representing the Rosemead Chamber of Commerce; and Nadine Gomez representing Career Partners. The Councilmembers presented out-going Mayor Bruesch with an engraved plaque. Mr. Bruesch thanked Council and staff for their help and professionalism throughout the years. Councilmember Clark commended Mr. Bruesch for his involvement in regional governmental issues such as SCAG, the San Gabriel Valley Council of Governments, and with transportation and solid waste concerns. CCMIN:4-08-03 Page # I 0 B. PRESENTATIONS TO THE LOS ANGELES COUNTY SHERIFF'S HOMICIDE BUREAU PERSONNEL Mayor Vasquez stated that the Deputies honored tonight were involved in the tragic multiple homicides that occurred on Walnut Grove in 1999. Proclamations were presented to: Sgt. Steve Rubino; Sgt. Gil Carillo; Sgt. Alfredo Castro; Sgt. Lynn Reeder; Mrs. Gonzales accepted the plague on behalf of Deputy Frank Gonzales; Deputy Miller was not present as she is retired; Deputy Scott Lusk could not be present tonight; and Lt. Marilyn Baker. C. PRESENTATION TO ROBERTA ABNER, OUTGOING TEMPLE STATION COMMANDER Commander Abner thanked the Council and the Sheriff's Department for their support and for making community policing a reality. Commander Abner introduced Captain Rick Shaw, her replacement at Temple Station. Henry Lo, representing State Senator Gloria Romero, presented certificates to Commander Abner and to the Sheriffs that were honored tonight. A five-minute recess was taken at 8:30 p.m. and reconvened accordingly. APPROVAL OF MINUTES: FEBRUARY 25, 2003 - REGULAR MEETING Councilmember Clark requested that Page 3, paragraph 3, last sentence include "that the organization representing all the cities in the United States is now demanding that Mexico change their extradition policy regarding capital offenses". MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMAN IMPERIAL that the Minutes of the Regular Meeting of the Rosemead City Council held on February 25, 2003, be approved as corrected. Vote resulted: Yes: Clark, Imperial,Vasquez, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: MARCH 18, 2003 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Minutes of the Regular Meeting of March 18, 2003, be approved as submitted. Vote resulted: CCMIN:4-08-03 Page #2 • Yes: Clark, Imperial, Vasquez, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered., APPROVAL OF MINUTES: MARCH 25, 2003 - REGULAR MEETING MOTION.BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Minutes of March 25, 2003, be approved as submitted. Vote resulted: Yes: Clark, Imperial, Vasquez, Taylor No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Juan Nunez, 2702 Del Mar, Rosemead, stated that the Mexican government has given dual citizenship to the citizens of Mexico living in the U. S. ' Councilman Taylor stated that Mexican citizens, even with dual citizenship, can be tried in the United States if they are caught here. Mr. Nunez requested that a publication he received from "Responsible Families" regarding the protection of children from the promotion of deviant sexual behavior in public schools, be distributed to the Council. H. PUBLIC HEARINGS . An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. A. PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT PROPOSED CDBG AND HOME ALLOCATION FOR FISCAL YEAR 2003-2004 The City Manager presented the staff report. Mr. Crowe requested that the second part of the recommendation regarding the public service applications and award of funding be delayed for consideration until the next public hearing date. CCMPI:4-08-03 Page 0 r • The Mayor opened the public hearing from those in the audience wishing to speak for or against this item. Jessica Kobel, representing WINGS (Women in Need Growing Strong), explained that WINGS provides a shelter program for battered women and their children. Ms. Kubel continued that the program also provides counseling services, emergency food and clothing, job skills training and legal services. There being no one else wishing to speak, the Mayor closed the public hearing. Councilman Taylor asked why the recommendation is being changed or held over. Bill Crowe, City Manager, replied that a Councilmember requested additional background research on a public service agency that is experiencing some fiscal and managerial changes at the moment. This item will be presented at the next public hearing. Councilman Taylor stated that he is not feel comfortable voting on this item tonight. Mr. Crowe suggested that the Council approve the proposed budgeted items with the exception of the $213,378 for public services. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN IMPERIAL that the Council approve the City's proposed CDBG and HOME programs and projected use of funds for FY 2003-2004 and authorize staff to include this in the Annual Funding Plan; and to amend the recommendation to delay the public service applications and award of funding pending further research. Vote resulted: Yes: Clark, Vasquez, Imperial No: None Abstain: Taylor Absent: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated for the record that he abstained because the changes made tonight were not clarified. B. PUBLIC HEARING - TENTATIVE TRACT MAP NO. 53447, CONDITIONAL USE PERMITS 02-888 THROUGH 02-894; APPEAL (8719 Mission Drive) An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. Brad Johnson, Planning Director, presented the staff report. CCMIN:4-08-03 Page n4 • • The Mayor opened the public hearing for the applicant to speak and for those in the audience that favor the project. Jeffrey Lee, 2555 E. Santa Clara Street, #210, Arcadia, representing the applicant Nevis Homes, stated the founder of the company, is a Rosemead resident, and"that it's desire to make this an exceptional project for the community. Mr. Lee continued that it is unusual for a small tract project to have homes with 3-car garages and multi-level floor plans. , There being no one else wishing to speak in favor of the project, the Mayor opened the public hearing for those in the audience wishing to speak against the project. Mary Dupart, 8632 Zerelda Street, Rosemead, stated that the project will impact everyone that lives on Zerelda, Bartlett and Muscatel. Ms. Dupart suggested a reduction in the number of parcels, as there is another housing project being built, just east of this one. . Lewis Zwick, 8737 Zerelda Street, Rosemead, presented a petition to the Council to opposing the project as is and outlined their suggested amendments. Mr. Zwick stated that they object to the project because the traffic study initiated by Nevis Homes indicates that 153 new automobile trips would be added to their quiet streets daily; and the suggested realignment of the project street to align with Dubonnet Avenue would result in creating two separate off-set intersections within 211 feet of each other. Mr. Zwick continued that that situation creates a dangerous intersection. Mr. Zwick continued that the City and the developer had been working on this project for two years without notifying or involving any of the residents impacted. Mr. Zwick explained that they do not want to stop the project, but are concerned with the additional traffic and the problem with the street alignments. Mr. Zwick concluded that the Council should consider it a matter of policy to meet with the impacted residents on all housing projects. Lou Muto, 4722 La Presa, Rosemead, stated that he has an engineering concern with the configuration of the intersections at both ends of the street. The major problem is with Zerelda Street which is not aligned with Dubonnet. Such a design would result in the driver that is making a right turn onto Zerelda from Dubonnet would have to look back over his/her shoulder at oncoming traffic, unless a 25' curb return was provided. William J. Stonecypher, Jr., 4617 N. Bartlett, Rosemead, stated that he is not against the project, but with the process. Mr. Stonecypher stated that his concern was with the additional traffic, and that the developer and City did not allow the residents any input. Mr. Stonecypher stated that in the future, ample notice should be given to the residents and to encourage the developers to communicate with them. There being no one else wishing to speak in opposition, the Mayor opened the public hearing for rebuttal of the comments. Jeffrey Lee, 2555 E. Santa Clara Street, #210, Arcadia, replied that it was not their intention to ignore the residents, that they were following the procedures as set by the City. Mr. Lee agreed that they did not hold a neighborhood meeting as they did expect any opposition. CCMIN:4-08-03 Page #5 The area is zoned R-1 and they are doing an R-I project. Mr. Lee stated that he has had numerous conversations with the property owner at the end of Zerelda. Councilman Taylor asked if the Traffic Study suggested a realignment of Zerelda, why is the developer not including that? Councilman Taylor clarified that the owner of the Zerelda property is willing to sell once the property is appraised at a fair market value. Mr. Lee stated that at this time he and the property owner have not been able agree on a purchase price. Mr. Lee suggested that the Council approve the project subject to a condition that the street be realigned, and to initiate condemnation proceedings for a portion of that property. Councilman Taylor stated that everyone will benefit from a good project. Mr. Taylor asked if the City has to go through condemnation proceedings? Robert Kress, City Attorney, replied not if they can agree on a price. However, the item will have to returned for Council approval for the realignment. If a price cannot be agreed upon, it would then have to go through eminent domain. Mr. Lee continued that if the street was a through street, they would recommend realignment. But, since it is not, they would be realigning to a cul-de-sac which has six homes on it. Mr. Lee addressed the curb radius concern mentioned earlier and stated that they used standard statewide radius guidelines. Councilman Taylor confirmed that the developer has met all City and zoning requirements. Mayor Pro Tern Clark stated that the neighbors are not against the project, and that this is a good project. Mrs. Clark recommended that Mr. Lee negotiate with the property owner regarding the section of property for the realignment of the street and to work on the curb radius. Councilman Taylor stated that everyone is in agreement that the street needs to be aligned at the north end and a larger radius on the south end. Mr. Lee asked for a continuance and that he will work with the neighbors on the street alignment and the curb radius. Gene 4808 Bartlett, Rosemead, requested that the developer work with them. The Mayor closed the public hearing. Councilman Taylor requested that this item be deferred and rescheduled to May 13 to allow staff and the developer to work on the residents concerns. CCMIN:4-08-03 Page n6 • C, Mayor Pro Tern Clark requested careful consideration of all the requests listed in the petition and to incorporate them in to the project. . MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve continuation of the Public Hearing to May 13, 2003. Vote resulted: Yes: Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A 5-minute recess was called at 10:35 p.m. and reconvened accordingly. III. LEGISLATIVE A. RESOLUTION NO. 2003-09 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2003-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $502,959.02 NUMBERED 40962 THROUGH 41121 MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM CLARK that the Council adopt Resolution No. 2003-09. Vote resulted: Yes: Vasquez, Taylor, Clark, Imperial No: None Absent: None Abstain: None the Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR (Item CC-A was pulled for discussion purposes) CC-13 AUTHORIZATION TO ATTEND ANNUAL CALIFORNIA CONTRACT CITIES ASSOCIATION CONFERENCE, MAY 29-NNE 1, 2003, INDIAN WELLS CC-C AUTHORIZATION TO OPPOSE THE PROPOSED SOUTHERN CALIFORNIA WATER COMPANY RATE INCREASE CCMIN:4-08-03 Page n7 • • CC-D AUTHORIZATION FOR CODE ENFORCEMENT OFFICER TO ATTEND THE 25TH ANNUAL ASIAN ORGANIZED CRIME CONFERENCE, MAY 25-30,2003, BOSTON, MASSACHUSETTS CC-E RELEASE OF BONDS - PARCEL MAP 25892; 9229 PITKIN AVENUE CC-F APPROVAL OF PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR TRAFFIC SIGNAL UPGRADES CC-G APPROVAL OF PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR CONCRETE REPAIRS AT VARIOUS LOCATIONS AND CHARLOTTE AVENUE TREE REPLACEMENT CC-H REQUEST FOR REMOVAL OF PARKING RESTRICTIONS ON HELLMAN AVENUE IN THE VICINITY OF PROSPECT AVENUE CC-I AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS, MAY 14-15,2003, SACRAMENTO MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC-A AUTHORIZATION TO ATTEND CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS 31sT ANNUAL LEGISLATIVE SEMINAR ON LOCAL GOVERNMENT FINANCE, MAY 14, 2003, SACRAMENTO Juan Nunez, 2704 Del Mar, Rosemead, asked if this seminar was on taxation. Councilman Taylor replied that attendance at these conferences is imperative in order to receive input and updates regarding legislative activities. Mayor Pro Tern Clark stated that at the last Board meeting of the League of California Cities, she told them that cities do not want to have the voting requirements lowered on bonds and assessments. Mrs. Clark explained that the state wants to lower the requirements to a majority vote, thereby forcing the cities to raise taxes within their own community. Mrs. Clark stated the importance of attending these conferences to voice their opinion. CCMIN:4-08-03 Page #8 MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the Council authorize the attendance of the Finance Director. Vote resulted: Yes: Clark, Vasquez, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION A. RESIGNATION OF COUNCILMAN BRUESCH - LEGAL REQUIREMENTS TO FILL OFFICE BY APPOINTMENT OR ELECTION Bill Crowe, City Manager, presented the staff report. VERBATIM DIALOGUE BEGINS: COUNCILMAN TAYLOR: Mr. Mayor, I need a clarification on a statement that was made. What is classified as the next regular election? Is that our election, the state election, the federal election, what does it mean when it says the next regular election? ROBERT KRESS, CITY ATTORNEY: There are a number of days throughout the year that are pre-established as election dates, if you will. Looking at the calendar, the next of those days that is established in the election code is November. TAYLOR: That's a state election primarily. KRESS: I'm not sure. NANCY VALDERRAMA, CITY CLERK: That would be a school board election. TAYLOR: O.K. A regular election for their offices? Then we get thrown in with their regular elections. The next question I have ...we had two Councilmen die on the City Council, Mr. Herb Hunter and Mr. Bob DeCocker. We did not have to make an appointment during that and I'd like an explanation why we did not have that requirement. We held both times until the next election. MAYOR PRO TEM MARGARET CLARK: Mr. Mayor. I can tell you on the Bob DeCocker one because I ran in the following March. He passed away, I believe in December or November, so there was time to call the election for three or four months later, whatever the period was. It was... CCMIN:4-08-03 Page #9 0 • TAYLOR: In a regular election cycle. He died prior to the election coming up that you were a candidate for. So it was a normal cycle. KRESS: Were you elected to an unexpired term? CLARK: Yes. KRESS: If we added that unexpired term... DON WAGNER, ASSISTANT CITY MANAGER: Bob DeCocker passed away in October... TAYLOR: I need to clarify it as far as was that a normal election cycle or did we hold a Special Election? I think all of us are getting senior moments, including me. WAGNER: I think, correct me if I'm wrong, but back then we had our elections on the first Tuesday of April, so it fell within that 120 day period. KRESS: It was a General Municipal Election with the addition of the unexpired term. TAYLOR: Three offices at that time. To me that's 'a regular election for us. CLARK: No. It wasn't a regular election, because it was only for the one seat. WAGNER: It was in 1991. We had even years, not the odd years like we have now. KRESS: I think the process was the same. TAYLOR: I've stated my opinion as far as everyone one of us took the chance... took the opportunity to run for elective office. And I've said I cannot give an office away to anybody. I said I would not give it to my own son if he was involved. But, I do not...I rely so much on this that I would not, cannot give it away. Every one of you have worked for an election, and you've had to go for a re-election. That's my belief that the people are the only ones that should have the right to elect Councilmembers. COUNCILMAN JAY IMPERIAL: I understand then if we wanted to we could make an appointment at this time? KRESS: Yes. IMPERIAL: Then I'd like to make a Motion that we make an appointment at this time and I've got an individual in mind. His name is William T. Alarcon who has one great record as a Planning Commissioner for the City of Rosemead. He's done a great job and he can continue with his great job until such time his term is up and we can have another election. That is my request for appointment for the unexpired term... William Alarcon. ' CCMIN:4-08-03 Page # 10 9 • CLARK: Is that a Motion? I'll Second that for purpose of discussion. TAYLOR: Mr. Mayor. On the staff memo on this particular item, on the last page it states number "(3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date", which would be the November election, if I understand this correctly since we can't do it for June. KRESS: If your question is if the Council does not call a Special Election... TAYLOR: If we do not appoint someone tonight. If we let the 30 days pass, this section would take effect... "If the City Council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly establishes election date", which is six months. Our normal election is a four-month cycle. This is just two months longer. IMPERIAL: There's a Motion and Second on the floor, Mr. Mayor. KRESS: Your regular election isn't for two years. TAYLOR: No, no. I asked that question before. What is the clarification of a regular election, then it was discussed and November would be the next regular election. KRESS: There is some misunderstanding. TAYLOR: I'm sure there was. KRESS: The next regular municipal election is two years from now in March of 2005. The Council would call a Special Election to fill the unexpired term and that pursuant to state law has to be held on a pre-ordained election date at least 114 days out. TAYLOR: Which is November. KRESS: Correct. TAYLOR: Instead of a four month cycle which it normally is, this would be a six month cycle. But the voters would elect that person. KRESS: I'm not sure what you mean by your four month cycle. TAYLOR: Our cycle is if we were to file in a normal City Council election, we file in December and the election is in March. So there is roughly four months. If we go to November... the election is in November and the filing would be somewhere in June or July, and this is now April KRESS: Yes. It would be a four month process. It takes a while to call the election, set up... CCMIN:4-08-03 Page 911 TAYLOR: I agree, I understand that. But, it just allows it to go to the voters of the community just as Mrs. Clark was elected... identical to it. IMPERIAL: Mr. Mayor. I've called for the question. CLARK: I think we need discussion, I don't want to call for the question yet. I think this is an issue that is... anyway you go, someone is not going to be happy. If we hold an election, it's $40,000 to $50,000 in taxpayer money at a time we're being threatened... TAYLOR: But we did it for you, Mrs. Clark CLARK: Yes. But that was in good times, Gary. Be that as it may. If you... there's the issue of appointing runner-ups and there's the issue of appointing others. I'd like to read something that was in the paper today. It's regarding the Monrovia City Council. The Tribune came out against people doing... not appointing runner-ups from an election. But in those cases in South El Monte and El Monte, they had open seats. An open seat is a much different ballgame then when incumbents are running. In an open seat, people who generally would not run against an incumbent, feel comfortable running. So you have quite a large array of candidates, usually. This regards Monrovia and I thought it was interesting. "Due to the City Councilmember being elected Mayor, there was an open seat on the Council. It was the Council's right to appoint a registered voter. They did that. They could have chose to schedule a Special Election that would have cost the citizens thousands of dollars and would have left the seat open for months. Instead they chose the sensible alternative to make an appointment." And one of the Tribune articles had said that an election is a lot of money and they were against it also, just for the record. But there's going to be, obviously, people on both sides. "The opinion that the candidate with the third highest number of votes should be appointed does not seem fair to me. On election day I was given the opportunity to vote for only two candidates, not three. If the third highest vote getter was appointed, my voice would not be heard. The Council is not legally obligated to chose any of the three unelected candidates. I, for one, think their logic...". I won't mention the name because it doesn't matter. But I thought that was interesting... on both sides of the issue there are different opinions. I am of the opinion that we should appoint at this time, and I have done research on Bill. He has paid his dues to the community. He has been on the Planning Commission for two terms. The Traffic Commission and then the Planning Commission for (a total of) six and a half years. I served on the Traffic Commission for almost one year and the Planning Commission for three years. We saw tonight issues involving planning... it's a very good background to have. It doesn't make all the answers, but it certainly is a very good education and I think Bill has served this community well on these boards. I would ...I've already Seconded the Motion for Bill. MAYOR VASQUEZ: Thank you, Maggie. I'd like to throw my support for Bill also. Our job is not an easy job. We're going to make decisions that not everyone will be happy with. This is a tough job that we do. I think Jay called for the question. Please vote. Vote Resulted: CCMIN:4-08-03 Page 412 Yes: Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None TAYLOR: I'd like this conversation in the minutes verbatim. And also, my No vote is not against Mr. Alarcon. My statement was I believe the electorate has the right to elect a City Councilmember. IMPERIAL: I'd also like in the record that we have a lot of things we can do $50,000 with like, for the seniors and children's programs in the community. I would rather put it in something like that and still have an individual that can handle the job very well. Thank you. TAYLOR: Mr. Mayor. I'd like it clearly put in the record that the election would not cost us $50,000 on a consolidated election with the County. CLARK: Mr. Mayor. I'd like to put in the record that consolidated elections caused quite a problem last time. TAYLOR: But you.voted for it. CLARK: I know, and I would never vote for it again. I saw people have to go to a different precinct. TAYLOR: I'd like that all in the minutes. CLARK: Fine. I learned my lesson. I think we all did. VASQUEZ: Gary, was there something you wanted to add? TAYLOR: Well,'I think we have to finish this process as far as making the appointment. KRESS: The Council has voted on it. We'll simply provide a resolution number... CROWE: The City Clerk has considered a resolution number on that draft resolution and Section 1 would read "Bill Alarcon is hereby appointed to the Rosemead City Council for the term of the office expiring March 2005". VERBATIM DIALOGUE ENDS. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS CCMIN:4-08-03 Page #13 E 11 A. MAYOR'S COMMITTEE APPOINTMENTS FOR 2003-04 Bill Crowe, City Manager, requested that Coalition for Practical Regulation be added on to the appointment list and that Mayor Pro Tem Clark be designated as delegate. VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE John Tran, 2518 Evelyn Avenue, Rosemead, Member of the Board of Education for the Garvey School District, expressed concerns regarding the Council's appointment to fill the vacancy on the Council. Henry Lo, 345 Angelus Avenue, Rosemead, inquired about the state law concerning vacancies and said he favored a special election. John Nunez, 2421 N. Stevens, Rosemead, stated that the interview process would have allowed interested people in the community a chance to apply for the position. Mr. Nunez stated that Mr. Tran was only 70 votes shy, at least he should have been given a chance to interview before the Council to express his views on how he can help better the City. Mayor Pro Tern Clark commented that the Garvey School Board has appointed Boardmembers to fill a vacancy in the past. Roland Aranjo, from Assemblymember Judy Chu's office, speaking on his own behalf, stated that other cities, such as El Monte and South El Monte, had similar situations. Mr. Aranjo stated that they decided to appoint the next candidate with the highest votes. Sharon Martinez, Councilmember from Monterey Park, expressed concerns regarding the appointment. Ms. Martinez continued that Mr. Tran has an interest and passion for the City and wants to do some good, and that Mr. Tran was not even considered. IX CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL Councilman Taylor requested information before convening to the closed session. Mr. Taylor asked if there was an employee evaluation report on Mr. Yotsuya. Bill Crowe, City Manager, responded that there was not. Councilman Taylor asked if the City Council has ever hired or fired subordinate employees of the City Manager? Mr. Yotsuya's performance has not been discussed. He has nothing to evaluate. Mr. Taylor stated that he is discussing a policy issue and how we operate as a City. Mr. Taylor stated that he does not know the facts of this issue and in all fairness, will have to vote No, and will exclude himself from the closed session. The City Council convened to a Closed Session at 11:10 p.m. and reconvened at 11:24 p.m. CCMIN:4-0"3 Page # 14 0 i Robert Kress, City Attorney, stated that the Council met in closed session for the purposes stated on the agenda. There is a Motion needed to approve a settlement agreement with Scot Yotsuya. MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN IMPERIAL that the Council approve the settlement agreement with Mr. Yotsuya. Vote resulted: Yes:. Clark, Vasquez, Imperial No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 11:26 p.m. The next regular meeting will be held on Tuesday, April 22, 2003, at 8:00 p.m Respectfully submitted: City Clerk APPROVED: CCMIN:4-08-03 Page # 15