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CC - Item 6A - Censure of Nunez• ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER C. CHI, CITY MANAGER V ' - t..A.: DATE: FEBRUARY 26, 2008 SUBJECT: REQUEST TO CONSIDER THE CENSURE OF MAYOR PRO TEM NAEZ SUMMARY Council Member Taylor has requested that the City Council consider the censure of Mayor Pro Tern Nunez for his role in the Mazone v. City of Rosemead sexual harassment case. In addition, Council Member Taylor has also requested the following information: • The total cost as it relates to the Mazone v. City of Rosemead case, including settlement costs, JPIA attorney costs, City Attorney costs, and any associated City Attorney costs regarding the referral of Council Member Taylor to the Grand Jury (Attachment A). • The complaint filed in the Mazone v. City of Rosemead case (Attachment B). • The Answer filed by the City's JPIA appointed attorney, Declues, Burkett & Thompson (Attachment C). • The minutes of the October 9, 2007 City Council meeting (Attachment D). • The minutes of the January 8, 2008 City Council meeting (Attachment E). • An update on the status of the referral of Council Member Taylor to the Grand Jury. Also, Council Member Taylor requested a copy of the Tess Elconin investigative report. However, staff was advised by the City Attorney that even though the report was published by the San Gabriel Valley Tribune, the City is not allowed to disclose that report. Therefore, we have not included a copy of that document as part of this report. ANALYSIS An overview of the information requested by Council Member Taylor includes the following: 7 APPROVED FOR CITY COUNCIL AGENDA: • 0 City Council Report February 26, 2008 Paqe 2 of 3 The total cost as it relates to the Mazone v. City of Rosemead case, including settlement costs, JPIA attorney costs, City Attorney costs, and any associated City Attorney costs regarding the referral of Council Member Taylor to the Grand Jury (Attachment A). The total costs as it relates to the Mazone v. City of Rosemead case include the following major components: • JPIA Settlement Costs: $330,000 • JPIA Attorney Costs: $38,177 City Attorney Costs (GCR - through October 2007): $4,809 • City Attorney Costs (Tess Elconin via WKRK): $10,421 • Grand Jury Referral Costs: TBD Back-up information regarding these costs have been included as Attachment A, except for the Grand Jury Referral Costs. The City Attorney has indicated that he will be providing an update on the costs for the Grand Jury Referral at our City Council meeting on February 26. The complaint filed in the Mazone v. City of Rosemead case (Attachment B). A copy of the complaint filed in the Mazone v. City of Rosemead case has been included as Attachment B. The Answer filed by the City's JPIA appointed attorney, Declues, Burkett & Thompson (Attachment C). A copy of the Answer filed by the City's JPIA Attorney has been included as Attachment C. The minutes of the October 9, 2007 City Council meeting (Attachment D). A copy of the October 9, 2007 City Council meeting minutes has been included as Attachment D. The minutes of the January 8, 2008 City Council meeting (Attachment E). A copy of the January 8, 2008 City Council meeting minutes has been included as Attachment E. 0 City Council Report February 26, 2008 Paae 3 of 3 An update on the status of the referral of Council Member Taylor to the Grand Jury. The City Attorney has indicated that he will be providing an update as to the status of the referral of Council Member Taylor to the Grand Jury at our meeting on February 26. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: Overall Cost Information Attachment B: The Complaint Attachment C: The Answer Attachment D: Minutes - October 9, 2007 Attachment E: Minutes - January 8, 2008 • • Attachment A • • F A i ~ y i ~t A"~ y p x J i ~ i_. a°~ y. ^y 1 . ^ J J ~1 J NJ c ti I . + ~ - ty yx i' - r • L r o 0. r E O z _ z zm x ~ Z z O 3 d C N N W N N O ~ C J C v I, 1 S t ! N N ' . :..:i C O p r J J a n > o N T. C n > } 3 .,i T G n > C C ~ o a~ c ~"OO it o NI 01i N Ol V N~ [ W N W " { O I "fC O~ 1 ~p I a W { w' • Vv 1"~1 , Wt w 1 - i 7 _ t O - C yyu~ O I Al J J J r ~ _ I- IJ C N Z W' I...F~ W F L C~ C V_. W f I J. W t.. Ct ~ V .p 3 O W1 W OI O C Vt ~ O m 1 ~ m C C L e n m 1 5 zo r: G y - C r 1 i n 'J _ i ' v :e 3 1 rL' 0 L n V. c b 3 P (1 x r I Y N 7 7 C rF m r. n z n o J W N O n O N • - Garcia, Caleron, Ruiz Costs - Mazone Related Case Date Legal Counsel Description Hours Charge 4/4/2007 Bonifacio Garcia Telephone conference with Tess Elconin 0.3 $ 63.00 Telephone conference regarding potential 4/5/2007 Bonifacio Garcia litigation 0.6 $ 126.00 Telephone conferences regarding PRA request by San Gabriel Valley Tribune regarding 4/11/2007 Bonifacio Garcia allegations of sexual harassment 1.6 $ 336.00 Telephone conference with B. Garcia regarding 4/11/2007 James Lynch PRA issues 0.3 $ 63.00 Telephone conference regarding Mazone 4/13/2007 Bonifacio Garcia complaint 0.9 $ 189.00 Meet with City Council in closed session 4/3/2007 Bonifacio Garcia regarding litigation matter 2 $ 420.00 Telephone conference with JPIA counsel 4/10/2007 Bonifacio Garcia regarding Mazone v. Rosemead 0.6 $ 126.00 Electronic correspondences to carrier counsel 4/24/2007 Bonifacio Garcia and clients regarding Mazone v. Rosemead 0.3 $ 63.00 Telephone conference with counsel on Mazone 6/7/2007 Bonifacio Garcia matter 0.6 $ 126.00 Follow-up on Mazone complaint and answer 7/5/2007 Bonifacio Garcia and forward to Interim City Manager 0.3 $ 63.00 Telephone conference with SGVT reporter 7/20/2007 Bonifacio Garcia regarding alleged Taylor Brown Act violation 0.3 $ 63.00 Telephone conference with Jeff Thompson on 8/2/2007 Bonifacio Garcia Mazone matter 0.5 $ 105.00 Research and analyze issues regarding disclosure of records and right of council 8/912007 George Yin member to same regarding pending litigation 4.7 $ 987.00 Telephone conference with and direction to G. Yin regarding Taylor letter on Elconin 8/9/2007 Bonifacio Garcia investigation 0.3 $ 63.00 Research and prepare letter regarding disclosure of litigation documents, message for 8/11/2007 George Yin Tess Elconin, conference with Tess Elconin 2.3 $ 483.00 Telephone call to Tess Elconin regarding document disclosure, prepare letter regarding 8/13/2007 George Yin document disclosure 1.1 $ 231.00 Research and analyze issues regarding 8/14/2007 George Yin disclosure of litigation related documents 2.1 $ 441.00 Telephone conference regarding Mazone case 8/21/2007 Bonifacio Garcia management 0.6 $ 126.00 Telephone conference with Jennifer McLain 8/22/2007 Bonifacio Garcia regarding Mazone matter 0.6 $ 126.00 Telephone conference with Jeff Thompsonregargin attendance at council 9/21/2007 Bonifacio Garcia meeting / Elconin report 0.5 $ 105.00 Telephone conference regarding Mazone 9/25/2007 Bonifacio Garcia matter 1.1 $ 231.00 Telephone conference with and direct E. Plaza 10/9/2007 Bonifacio Garcia regarding Taylor and Grand Jury 0.4 $ 84.00 Direct E. Plaza regarding collection of evidence regarding Taylor to Grand Jury, Telephone conference with Jennifer McLain regarding 10/10/2007 Bonifacio Garcia same 0.9 $ 189.00 TOTAL $ 4,809.00 r?ECEI`dED APR 1 5 2007 WALLIN, KRESS, REISMAN 5 KRANITZ, LLP FINANCE LAW OFFICES 2800 TWENTY-EIGHTH STREET, SUITE 315 SANTA MONICA, CALIFORNIA 90405-6205 TELEPHONE 13101 450-9582 FACSIM14E (310) 450-0506 April 10, 2007 Andy Lazzaretto, City Manager CITY OF ROSEMEAD 8838 East Valley Boulevard Rosemead, California 91770 STATEMENT gC~gEC~T~ APR 11 2007 BY FOR NON-RETAINER LEGAL SERVICES RENDERED SPECIAL COUNSEL SERVICES - LABOR March - April, 2007 lirivestigation by Tess Elconin, Esq. of the Law Offices of Tess Elconin Total hours: 59.55 hours at $175.00 per hour.- _ $10,421.00 TOTAL DUE THIS STATEMENT: $10,421.00 ~`-tee S✓d //I1c.r -s127_~-~ ~15Q--43KU /sd Pa nb.: >v hETURN TO F NANCEoe l A 03/06f280 15:59 626-3tf210 CITY OP ROSEME9 PAGE 01/03 Law Offics of Tess Elconin ("Attorney") and City of Rosemead ("Client") hereby agree- t.tat Attorneywill provide legal services to Client on the terms set forth below. I. CONDITIONS. This Agreement will not take effect, and Attorney will 1-ave no obligation to provide legal services, until Client returns a signed copy of this ngreement. 2- SCOPE OF SERVICES. Client hires Attorney to provide legal services it the follow;ng matter: Attorney will provide legal services in performing an ivestigatien of employee complaints and grievances by conducting interviews of employees and non-employees, reviewing City records and any other relevant materials end prepare a sport of findings at the conclusion of the investigation. Attorney will take casonable sips to keep Client informed of progress and to respond to Client's inquiries. This Agre^^xnt does not cover litigation services of any kind, whether in court, abitration, administrative bearings, or government agency hearings. Separate arsngements must be agreed to for those services. Services in any matter not described sbove will, require a separate written agreement. 3. CLIENT'S DUTIES. Client agrees to be truthful with Attorney, to ■ooperate, to keep Attorney informed of any information or developments which may some to Cfrent's attention, to abide by this Agreement, to pay Attorney's bills on time and to assist Attorney in providing information and documents necessary for the ■epreseniation in the described matter. LEGAL FEES AND BILLING PRACTICES. Clicn-.. agrees to pay by the hour at Attorney's prevailing rates for all time spent on aient's mat- by Attorney's legal personnel. Current hourly rates for legal personnel are is follows: Tess Elconin $175/hour This rate is subject to change on 30 days' written notice to client. If Client lechnes tc pay any increased rates, Attorney will have the right to withdraw as Attorney For Client. The time charged will include the time Attorney spends on telephone calls relaling to Client's matter, including calls with Client and other parties and attorneys. Altorne7 will charge for waiting time and for travel time, both local and out of town. 7'_tne is charged in minimum units of one tenth 1) of an hour. 03/06!200v :5:59 S25-3010 CITY OF ROSEME~ PAGE 02/03 5. COSTS AND OTHER CHARGES. (a) In general, Attorney will incur various costs and expenses in performing gal service; under this Agreement. Client agrees to pay for all costs, disbursements and .xpenses in addition to the hourly fees. The costs and expenses commonly include fees Jxed by law or assessed by public agencies, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs mcluiling parking, mileage, transportation, meals and hotel costs, investigation expenses and consultants' fees and other similar items. Except for the items listed below, all costs -urd expenses will be charged at Attorney's cost. In-office photocopying: 10/page Facsimile charges: 10/page Cellular phone charges: .25/minute (b) Out of town travel. Client agrees to pay transportation, meals, lodging and dl other costs of any necessary out-of-town travel by Attomey's personnel. Client will dso be charged the hourly rates for the time legal personnel spend traveling. (c) Consultants and Investigators. To aid in the representation in Client's natter, it may become necessary to hire consultants or investigators. Client agrees to pay ;uch fees and charges. Attorney will select any consultants or investigators to be hired, urd Client will be informed of persons chosen and their charges. 6. BILLING STATEMENTS. Attorney will send Client periodic statements for fees and costs incurred. Each statement will be payable within 30 days of its mailing date. Client may request a statement at intervals of no less than 30 days. If ;;liens requests, Attorney will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and -csts, which costs will be clearly identified by item and amount. i. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this Agreement, refusal to cooperate or to follow Attome.'s advice on a material matter or any fact or circumstance that would render Attorney's continuing representation unlawfiil or unethical. When Attorney's services conclude, all impaid charges will immediately become due and payable. After services conclude, Attomey will, upon Client's request, deliver Client's file and property in Attorney's possession, whether or not Client has paid for all services. 8. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in ttis Agreement and nothing in Attorney's statements to Client will be construed as a p.-omise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of the matter are expressions of o-3inion only. Any estimate of fees given by Attorney shall not be a guarantee. Actual fees may vary from estimates given. 03/061200 15:59 526-3218 CITY OF ROSEME• PAGE 03/03 9. ENTIRE AGREEMENT. This Agreement contains the entire agreement cfthe parties. No other agreement, statement, or promise made on or before the effective cat: of this Agreement will be binding on the parties. 10. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any govis on o2'fi.s Agreement is held in whole or in part to be unenforceable for any =won, the remainder of that provision and of the entire Agreement will be severable and wnain in effect. 11. MODIFICATION BY SUBSEQUENT AGREEMENT. This aEreementmay be modified by subsequent agreement of the parties only by an kistj went in writing signed by both of them or an oral agreement only to the extent that ttte parties OEM it out. . 12. EFFECTIVE DATE. This Agreement will govern all legal services 2e-formed by Attorney on behalf of Client commencing with the date Attorney first ae_formed services. The date at the beginning of this Agreement is for reference only. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING 'PERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST ?F.OVIDU) SERVICES. SATED: March 6. 2007 _ By: CITY OF RO AD Name: Andrew azzareno Title: City Manager RATED: 960(k 4 r 210:~-- By: LAW OFFICE OF TESS ELCONIN Tess Elconin, Partner 0 0 Attachment i ~ (D N r. Lo Z D . m 0 N ~4 0 . n a z 'I . ~ ~ n 9 0 N j O 10 0 L U 0 O H ' > ~ H m y o O Z H I ! ! i J ! p v~~ W 0 i = cq C) p _ r ED ru = Q ton -n X_mm=um~ - C7 A rIj o a Er (C CJ N ~ Qoa w . i - rya Ca ti I .v. hJ CD utur"5 ~ lJ3 r ' I 3ir y aY _ Sr C11 { ...u C=J uj i ' * * * EMPLOYMENT t COMPLAINT OF DISCRIMINATION UNDER DFEH # DFEH USE ONLY THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT C LIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HON NUN BE INCL DE AREA CODE) YO RNA (indicate M~ s.) COUNTY CODE CITY/STATE/ZIP I L S ^ U NAMED IS THE EMPLOYER, PERSON, LAB R ORGPNQATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY AWHO DISCRIMINATED AGAINST ME: T LEPHO E N/UM~BjER nclude Area Code) ~L/0 NAME 00h r J Q 2Xn I/~^D ( DFEH USE ONLY ADDRESSn U✓U u Val U C7J~ COUNTY I. COUNTY CODE CITYISTATE/ZIP RESPONDENT CODE NO. OF EMPLOYEES/MEMBERS (if known)' DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE (month, day, and year) THE PARTICULARS ARE: _omiaa errpopwE -~~~rn~ tears I fuM aaiia g,v^anm . sores VeRw'<1' ~aae On ~V Gt~JO", _S umma- I was =aeon -oa ee rxuk ewa wr ;2zeamm ~a~ pv:ee rqv m wear rants . DS and (~nfi~ta~r t~ e _e~~ea~m =tee ^ =:,,per,r:ssNe ro.;oD.ebiea wiry' afJ~i/(,f _ge^etK Oaraaeuea WSt'xp .anet~f) razed a M by Dr ID `T5 Z Name of person Job Title (supervisor/manager/personnel directorlelo.) (Circle one) filing; . r,atlaui origiNan~ry _M/5'° n in because of my: Y/'~-- _maeal saiu _m Mdeabl'ry _ge e1ic"Moe1sbt Protesting; pai Pati9 _age investigation (retaliation for) religion _-ePJ0a1 Onai~OOn ,aw'mmr _assatlatwn _omer (sPeolY) - the reason given by Name of Person and Job Title S sub eL ~r1 4c) a S°x u~ lJ Was because Of~r1 CA.h - of [please Y L~rGt SS!/2 lL~Oof VI r6D k7 Y7 b state what' you believe to be reason(s)] -sue e I wish to Commission (EEOC) to file a complaint within it30 days of understand of the pursue this matter in court . I hereby request that the Department of Fair Employment want a federal notice of right-lo-sue, 1 must visit the U.S. Equal Employment opportunity DFEH'Notice of Case Closure; or within 300 days of the alleged discriminatory act, whichever is earlier: I have not been coerced into making this request, nor do I make it based on fear of retaliation it I do not do so. I understand it is the Department of Fair l Employment and Housing's policy to not process or reopen a complaint once. the complaint has been c knowledge on the basis of 'Conowl Elected Court Action.' I n knowleddg ge except as to matters to be tm declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my ow stated on my information and belief, and as to those matters I believe, it Dated t At City DATE FILED:, DFEH-300-03 (01105) DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING STATE OF CALIFORNIA RIGHT-TO'-SUE COMPLAINT INFORMATION SHEET DFEH needs a separate signed complaint for each employer, file against. a If yolun ing are fil againstbo[hya apprenticeship committee, slate or local government agency you wish to company and an individual(s), please complete separate complaint forms naming the company or an individual in the appropriate area. Please complete the following so that DFEH can process your complaint and for DFEH for statistical purposes, and return with your signed complaint(s): YOUR RACE:/ETHNICITY (Check one) _ African-American _ African - Other Asian/Pacific Islander (specify) Caucasian (Non-Hispanic) _ Native American Hispanic(specify) YOUR PRIMARY N UAGE (specify) YOUR AGE: IF FILING BECAUSE OF YOUR NATIONAL ORIGIN/ANCESTRY YOUR NATIONAL ORIGIN/ANCESTRY (specify)" IF FILING BECAUSE OF DISABILITY YOUR DISABILITY: AIDS _ Blood/Circulation _ Brain/Nerves/Muscles _ Digestive/Urinary/Reproduction _ Hearing Heart -7 Limbs (Arms/Legs) _ Mental _ Sight _ Speech/Respiratory _ Spinal/Back , YOUR GENDER: Female _ Male YOUR OC_ C N _ Clerical _ Craft _ Equipment Operator _ Laborer _ Manager _ Paraprofessional. _ Professional Sales _ Service _ Supervisor Technician HOW YOU HEARD ABOUT DFEH Attorney Bus/BART Advertisement _ Community Organization EEOC _ EDD Friend _ _ Human Relations Commission _ Labor Standards Enforcement _ Local Government Agency _ Poster _ Prior Contact with DFEH . _ Radio _ Telephone Book _ TV _ DFEH Web Site .IF FILING BECAUSE OF MARITAL STATUS YOUR MARITAL STATUS: (Check one) _ Cohabitation Divorced 7- _ Married _ Single IF FILING BECAUSE OF RELIGION. YOUR RELIGION: (specify) FILING BECAUSE F SEX THE REASON: Harassment _ Orientation _ Pregnancy _ Denied.Right to Wear Pants _ Other Allegations (List) DO YOU HAVE AN ATTORNEY WHO HAS AGREED O REPRESENT YOU ON YOUR EMPLOYMENT DISCRIMINATION CLAIMS IN COURT? IF YOU CHECK YES YOU WILL BE RESPONSIBLE FOR HAVING YOUR ATTORNEY SERVE THIS DFEH COMPLAINT. Yes _No PLEASE PROVIDE YOUR ATTORNEY-5 NAME: S77F~() /al^ll fJIfIS, -lDzj ~I~azrnO a-sd~ our Si -Date gna~ -0FEH300-03-9`(07Ie5) -11'... 1 - . . 71, Department of Fair Employment and Housing - Slate of. California - 1 2 3 4 5 6 7 8 9 10! 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES 0 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years of age, and am not a party to the within action; my business address is 9952 Santa Monica Boulevard, 1s Floor, Beverly Hills, California 90212. On the date herein below specified, I served the foregoing document, described as set forth below on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Beverly Hills, addressed as follows: DATE OF SERVICE March 1, 2007 DOCUMENT SERVED VERIFIED COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT [RE: VALERIE MAZONE] PARTIES SERVED John Nunez c/o City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 XXX XXX (BY CERTIFIED MAIL-RETURN RECEIPT REQUESTED) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Beverly Hills, California. I am "readily familiar" with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY PERSONAL SERVICE) I personally. delivered by hand to the offices of the addressee(s): (STATE) I declare under penalty of perjury under the laws of the State of California that the above'is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. EXECUTED at Beverly Hills, California on March 1, 2007. Diana M. Winkelman Attachment C 0 DECLUES, BURKETT & THOMPSON LLP J. Michael Dedues Jeffrey P Thompson May 31, 2007 Clenn S. Coldby Jeffrey A. Smith Dwight Kunz CARL WARREN & COMPANY Michael E. Burkett (1944-2006) P. O. Box 25180 Santa Ana, CA 92799-5180 Sender's e-mail ncldress. jdronipson@dbdmo.com I MCMIV MI, JUN 0 4 2007 ' BY:------ Judith D. Anderson RE: Valerie D7azone v. City of Rosemead Gregory A. faille Member City: Rosemead Claimant: Valeria Mazone Cary K. Quan D/Incident: 3/5/2007 Claim No.: S-1447713-SWK Jennifer K. Berneking Patricia A. Lynch Dear Mr. Kunz: Steven J. Lau,ery Shiao-Wen Huang Michael M. Hall LEGAL ADMINISTRATOR Enclosed please find a copy of the Answer which we will be filing on behalf of the City of Rosemead next week. We will also serve written discovery on plaintiff at that time including a Request for Statement of Damages, Request for Production of Documents, Special Interrogatories, Form Interrogatories - Employment Law, and Form Interrogatories - General. It is my understanding, that you have assigned the defense of councilman John Nunez to Ed Richards. We will, of course, cooperate with Mr. Richards to the fullest extent possible. I am also enclosing the following documents which we have received from the City and its investigator:- 1. City's Policies and Procedures Manual; 2. Valerie Mazone's personnel file; and 3. The City's investigation file. 17011 Beach Blvd., Suite 400, Huntington Beach, CA 92647-7455 (714)843-9444 • FAX (714)843-9452 • mdeclues@dbtlaw.com • www.dbtlaw.com • • Dwight Kunz CARL WARREN & COMPANY Re: Valerie Mazone v. City of Rosemead May 31, 2007 Page 2 As soon as we have had the opportunity to summarize these documents. we will of course. provide you with summaries and an analysis of their impact on the case. It is also my understanding from John Bolin and Bonny Garcia, the City Attorney, that both would like to see the matter resolved as early as possible. Accordingly, I have contacted plaintiff's counsel to get a feeling for what his client is looking for to resolve this matter. Unfortunately, he is in trial and could not respond at this time. He indicated to me that as soon as his trial was over, he would meet with his client and get back to us. I will update you as soon as I have heard back from plaintiff's counsel. In the meantime, should you have any questions, concerning the foregoing, please do not hesitate to contact us. Sincerely, DECLUES, BURKETT & THOMPSON, LLP Attorneys at Law P. THOMPSON cc: John Bolin/Claims Manager/CJPIA Andy Lazzaretto/City of Rosemead Bonny Garcia/City Attorney/City of Rosemead u 0 DECLUES, BURKETT & THOMPSON, LLP Attorneys at Law 17011 Beach Boulevard, Suite 400 Huntington Beach, CA 92647-5995 Telephone: (714) 843-9444 Facsimile: (714) 843-9452 JEFFREY P. THOMPSON, Esq. (State Bar No. 136713) JENNIFER K. BERNEKING, Esq. (State Bar No. 167172) Attorneys for defendant, CITY OF ROSE MEAD (a public entity) Exempt From Fees Per Govt. Code §6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VALERIE MAZONE, vs. Plaintiff, THE CITY OF ROSEMEAD; JOHN NUNEZ; and DOES 1 through 80, inclusive, Defendants. CASE NO. BC 369430 Complaint filed 4112107 Assigned to Department 30 Hon. Elizabeth A. Grimes DEFENDANT CITY OF ROSEM FAD'S ANSWER TO COMPLAINT TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: COMES NOW defendant CITY OF ROSEMEAD (a public entity) ("defendant") and answers the Complaint of plaintiff VALERIE MAZONE ("plaintiff') and hereby admits, denies and alleges as follows: 1. Under the provisions of Section 431.30 (d) of the California Code of Civil Procedure, defendant generally denies each, every and all allegations contained in said unverified Complaint and each purported cause o action generally and specifically of said unverified Complaint and the whole thereof, and further denies that plaintiff has been damaged in the sum alleged or in any other sum whatsoever, or at all. CITY OF ROSEMEAD's ANSWER TO COMPLAINT I FIRST AFFIRMATIVE DEFENSE 2 TO PLAINTIFF'S COMPLAINT AND EACH 3 PURPORTED CAUSE OF ACTION THEREIN 4 2. The Complaint, and each purported cause of action alleged therein, fails to state facts 5 sufficient to constitute a cause of action against this answering defendant. 6 SECOND AFFIRMATIVE DEFENSE 7 TO PLAINTIFF'S COMPLAINT AND EACH 8 PURPORTED CAUSE OF ACTION THEREIN 9 3. To the extent that the Complaint or any purported cause of action alleged therein, 10 alleges emotional or physical injury, any such recovery is barred and preempted by the exclusivity 11 of remedy therefore under the California Workers' Compensation Act, Labor Code § 3600, et sue. 12 THIRD AFFIRMATIVE DEFENSE 13 TO PLAINTIFF'S COMPLAINT AND EACH _ 14 PURPORTED CAUSE OF ACTION THEREIN 15 4. The Complaint and any purported cause of action alleged therein is barred by 16 plaintiff's failure to exhaust her administrative remedies available under the California Labor 17 Code. 18 FOURTH AFFIRMATIVE DEFENSE 19 TO PLAINTIFF'S COMPLAINT AND EACH 20 PURPORTED CAUSE OF ACTION THEREIN 21 5. Any recovery on the Complaint, or any purported cause of action alleged therein, is 22 barred by plaintiff's breach of her statutory obligations as an employee under the California Labor 23 Code. 24 FIFTH AFFIRMATIVE DEFENSE 25 TO PLAINTIFF'S COMPLAINT AND EACH 26 PURPORTED CAUSE OF ACTION THEREIN 27 6. Any recovery on plaintiffs Complaint, or any purported cause of action alleged 28 therein, is barred by the applicable statute of limitations, including but not limited to Code of Civil 2 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT • • 1 Procedure 337, 338, 339, 340, and 1094.5; the California Constitution, Government Code 2 12960 and 12965; and U.S.C. § 12101 et seq. 3 SIXTH AFFIRMATIVE DEFENSE 4 TO PLAINTIFF'S COMPLAINT AND EACH 5 PURPORTED CAUSE OF ACTION THEREIN 6 7. Any recovery on plaintiffs Complaint, or any purported cause Of action alleged 7 therein, is barred by plaintiff's failure to comply with the claims filing requirements of the 8 California Tort Claims Act, Government Code §810etae-q. including but not limited to Government 9 Code 910, 911.2 and 911.4. 10 SEVENTH AFFIRMATIVE DEFENSE I I TO PLAINTIFF'S COMPLAINT AND EACH 12 PURPORTED CAUSE OF ACTION THEREIN 13 S. Any recovery on plaintiff's claims relating to employment discrimination and 14 harassment is barred on the ground that plaintiff has failed to exhaust administrative remedies and 15 properly perfect a right action under the California Fair Employment and Housing Act, Government 16 Code 12940 et seq. 17 EIGHTH AFFIRMATIVE DEFENSE 18 TO PLAINTIFF'S COMPLAINT AND EACH 19 PURPORTED CAUSE OF ACTION THEREIN 20 9. Any and all conduct of which plaintiff complained and which is attributed to this 21 answering defendant or its agents or employees was a just and proper exercise of management's 22 discretion on the part of this defendant or its agents or employees and was undertaken for a fair and 23 honest reason and regulated by good faith and probable cause under the circumstances existing at 24 the time the alleged decisions were made. 25 NINTH AFFIRMATIVE DEFENSE 26 TO PLAINTIFF'S COMPLAINT AND EACH 27 PURPORTED CAUSE OF ACTION THEREIN 28 10. This answering defendant is immune from liability pursuant to the provisions of the 3 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT • • 1 California Government Code, including, but not limited to, § § 815, 815.2, 818, 818.8, 820, 820.2, 2 820.6, 820.8, 821, 821.6 and 822.2. 3 TENTH AFFIRMATIVE DEFENSE 4 TO PLAINTIFF'S COMPLAINT AND EACH 5 PURPORTED CAUSE OF ACTION THEREIN 6 It. A public entity and its officials are not liable for any injuries unless liability is 7 provided by statute. 8 ELEVENTH AFFIRMATIVE DEFENSE 9 TO PLAINTIFF'S COMPLAINT AND EACH 10 PURPORTED CAUSE OF ACTION THEREIN 11 12. The liability of a public entity and its officials are subject to any immunity provided 12 by statute and is subject to any defenses available to a private person. 13 TWELFTH AFFIRMATIVE DEFENSE 14 TO PLAINTIFF'S COMPLAINT AND EACH 15 PURPORTED CAUSE OF ACTION THEREIN 16 13. Any recovery on the Complaint, or any purported cause of action alleged therein, is 17 barred because this answering defendant's disputed conduct was otherwise privileged and justified. 18 THIRTEENTH AFFIRMATIVE DEFENSE 19 TO PLAINTIFF'S COMPLAINT AND EACH 20 PURPORTED CAUSE OF ACTION THEREIN 21 14. Any recovery on the Complaint, or any purported cause of action alleged therein, is 22 untimely and barred by the doctrine of lathes. 23 FOURTEENTH AFFIRMATIVE DEFENSE 24 TO PLAINTIFF'S COMPLAINT AND EACH 25 PURPORTED CAUSE OF ACTION THEREIN 26 15. Any recovery on the Complaint, or any purported cause of action alleged therein, is 27 barred in whole or in part by plaintiff's failure to mitigate her alleged damages. 28 4 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT • • 1 FIFTEENTH AFFIRMATIVE DEFENSE 2 TO PLAINTIFF'S COMPLAINT AND EACH 3 PURPORTED CAUSE OF ACTION THEREIN 4 16. Plaintiff is estopped by her conduct from recovering any relief by her Complaint; or 5 any purported cause of action alleged therein. 6 SIXTEENTH AFFIRMATIVE DEFENSE 7 TO PLAINTIFF'S COMPLAINT AND EACH 8 PURPORTED CAUSE OF ACTION THEREIN 9 17. By her conduct, plaintiff has waived any right to recover any relief by her Complaint; 10 or any purported cause of action alleged therein. I1 SEVENTEENTH AFFIRMATIVE DEFENSE 12 TO PLAINTIFF'S COMPLAINT AND EACH 13 PURPORTED CAUSE OF ACTION THEREIN 14 18. Plaintiff has or had unclean hands with respect to the matters alleged in the Complaint, 15 and on that ground, is barred from recovering any relief on her Complaint, or any purported cause 16 of action alleged therein. 17 EIGHTEENTH AFFIRMATIVE DEFENSE 18 TO PLAINTIFF'S COMPLAINT AND EACH 19 PURPORTED CAUSE OF ACTION THEREIN 20 19. This answering defendant has engaged attorneys to represent it in defense ofplaintiff's 21 frivolous, unfounded and unreasonable action and particularly in defense of plaintiff's frivolous, 22 unfounded and unreasonable cause of action for sexual harassment under the Government Code 23 and this ans•.vering defendant is therefore entitled to an award of reasonable attorneys' fees pursuant 24 to Government Code § 12965. 25 26 27 28 5 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT NINETEENTH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH 3 4 5 6 PURPORTED CAUSE OF ACTION THEREIN 20. Any recovery on the Complaint, or any purported cause of action alleged therein, is barred in whole or in part by plaintiff's own comparative negligence and fault. TWENTIETH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PURPORTED CAUSE OF ACTION THEREIN 21. All acts of this answering defendant were not outrageous, intentional, or reckless and plaintiff has not suffered severe emotional distress as a result of defendant's conduct. TWENTY-FIRST AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 22. This answering defendant's conduct in all respects consisted of an assertion of legal rights in a legally permissible way. TWENTY-SECOND AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH AND EACH PURPORTED CAUSE OF ACTION THEREIN 23. If this answering defendant perpetrated any of the acts alleged in plaintiffs Complaint, and defendant in no way admits to this, the acts were undertaken without malice. TWENTY-THIRD AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 24. There existed legitimate, non-discriminatory reasons for the defendant's conduct with respect to plaintiffs employment and the other alleged acts of this answering defendant. 6 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT I TWENTY-FOURTH AFFIRMATIVE DEFENSE 2 TO PLAINTIFF'S COMPLAINT AND EACH 3 PURPORTED CAUSE OF ACTION THEREIN 4 25. This answering defendant's conduct with respect to plaintiff's employment Nvas bona 5 fide for and reasons other than race, color, national origin, ancestry, sex, religion, creed, gender, 6 marital status, age, disability, medical condition, pregnancy, sexual orientation. complaints of illegal 7 practices or any other discriminatory or unlawful reason. 8 TWENTY-FIFTH AFFIRMATIVE DEFENSE 9 TO PLAINTIFF'S COMPLAINT AND EACH 10 PURPORTED CAUSE OF ACTION THEREIN 11 26. This answering defendant did not authorize, direct or participate in any alleged 12 discriminatory or harassing conduct. 13 TWENTY-SIXTH AFFIRMATIVE DEFENSE 14 TO PLAINTIFF'S COMPLAINT AND EACH 15 PURPORTED CAUSE OF ACTION THEREIN 16 27. Plaintiff's claim of sexual harassment is barred because her perception of the conduct 17 alleged to constitute harassment was not reasonable. 18 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 19 TO PLAINTIFF'S COMPLAINT AND EACH 20 PURPORTED CAUSE OF ACTION THEREIN 21 28. To the extent plaintiff's claim of sexual harassment is based on alleged verbal 22 harassment, or other statements or communications, such claim is barred because the actions 23 complained of were protected by the free speech provisions of the United States and the California 24 Constitutions. 25 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 26 TO PLAINTIFF'S COMPLAINT AND EACH 27 PURPORTED CAUSE OF ACTION THEREIN 28 29. Plaintiff's injuries and damages, if any, were not proximately caused by the acts of 7 CITY OF ROSEMEAD'S ANSWF,R TO COMPLAINT 1 2 3 4 5 6 7 8 9 10 i this answering defendant. i TWENTY-NINTH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 30. The conduct of this answering defendant did not cause plaintiff severe emotional distress. THIRTIETH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 31. Without admitting any wrongful conduct by defendant, defendant alleges that insofar as plaintiff's claims are based upon or involve a denial or interference with specified benefits, they 12 13 14 15 16 17 181 191 201 21 22 23 24 25 26 27 28 are preempted by ERISA, 29 U.S.C. § 1001 et ag- THIRTY-FIRST AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 32. Plaintiff's Complaint and any purported cause of action alleged therein is barred by plaintiff's failure to exhaust administrative remedies available to plaintiff pursuant to the terms and conditions of plaintiff's employment. THIRTY-SECOND AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 33. Defendant is subject to qualified immunity with respect to plaintiff's claim for damages. THIRTY-THIRD AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 34. Plaintiff's claims are barred by her failure to exhaust her administrative remedies in a timely fashion. 8 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 THIRTY-FOURTH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 35. Plaintiff's entitlementto any recovery of damages on the Complaint, or any purported cause of action alleged therein, is limited by after acquired evidence discovered during the litigation of this matter, which establishes that plainti ff engaged in misconduct, such misconduct would have justified plaintiffs discharge, and defendant would have discharged plaintiff had it known about the misconduct previously. THIRTY-FIFTH AFFIRMATIVE DEFENSE TO PLAINTIFF'S COMPLAINT AND EACH PURPORTED CAUSE OF ACTION THEREIN 36. Defendant does not presently know all facts respecting conduct by plaintiff sufficient to state all defenses at this time. Defendant will seek leave to amend this answer should it later discover acts demonstrating additional affirmative defenses. WHEREFORE, this answering defendant prays as follows: 1. That plaintiff take nothing by her Complaint; 2. That defendant recover its costs of suit herein; 3. That defendant recover reasonable attorney's fees incurred herein; and 4. That the court award such other and further relief as it deems just and proper. Dated: June ( , 2007 DECLUES, BURKETT & THOMPSON, LLP Attorneys at Law 9 CITY OF ROSEMEAD'S ANSWER TO COMPLAINT 'I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 1 am employed in the County of Orange. State of California. I am over the age of 18 years of age, and am not a party to the within action; my business address is 17011 Beach Blvd., Suite 400, Huntington Beach, California 92647-5995. On the date hereinbelow specified, I served the foregoing dOCUment. described as set forth below on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Huntington Beach, California, addressed as follows: DATE OF SERVICE: June 1, 2007 DOCUMENT SERVED: DEFENDANT CITY OF ROSEMEAD'S ANSWER TO COMPLAINT COUNSEL SERVED: Gregory W. Smith Law Offices of Gregory W. Smith 9952 Santa Monica Boulevard, First Floor Beverly Hills, CA 90212 T: (310) 282-0507 • F: (310) 286-1171 XXX (BY REGULAR MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. (BY FEDERAL EXPRESS) I caused such envelope(s) to be delivered by air courier, with next day service. (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee(s). XX (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court, at whose direction the service was made. EXECUTED at Huntington Beach CITY OF ROSEMEAD'S ANSWER to COMPLAINT • 0 Attachment • 0 Minutes of the Regular Meeting ROSEMEAD CITY COUNCIL October 9, 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 Clark and the invocation was delivered by Councilmember Low. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PRESENTATION A. Parks & Recreation Summer Program Overview A presentation was given by Parks & Recreation staff Kim Boris and Gerry Mota. Ms. Boris presented on behalf of Interim Director Jean Scott, away at a family emergency. Ms. Boris expressed gratitude for team efforts and introduced Parks & Recreation personnel: Sandy Bernica, Martin Jones, Janette Vicario, Monday Reagan, Bernadette Gallindo and Michael Burbank, Retired Parks & Recreation Director. Mr. Mota's presentation included updates on Recreation services such as: senior, youth and aquatic programs, park management, city-wide events, adult sports and classes. In addition he highlighted Park Services such as park center maintenance and operations, street tree maintenance, capital improvement, contractor management and city-wide clean up events. The Council commended the department for their hard work and successful programs. After the staff presentation, the Council expressed gratitude to City Clerk Nina Castruita, for her efforts during her two years at the City. They all wished her success with her new position at the City of San Gabriel. City Clerk Castruita thanked the Council, City staff and residents for the opportunity to work with the City of Rosemead. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 1 of 11 • 0 2. PUBLIC COMMENT FROM THE AUDIENCE Ken Pike, Rosemead resident, expressed concern about depreciation to City reserves. City Manager Chi replied roughly $24 million is in the general fund reserve. Marlene Shinen, residing at 8447 Drayer Lane South San Gabriel, read a letter of gratitude to Nina Castruita for her service as City Clerk. Jim Flournoy, residing at 8655 Landisview, commented that the Traffic Commission meeting was not posted on the City's website before the meeting took place. Also, he asked the City Clerk's office update the CPRA log with some of the Mr. Flournoy's requests and commented that the Parks Department is doing a good job but the city needs a Parks Manager on board. Mandy Wong, speaking on behalf of the Asian Community Advisory Committee, thanked Councilmembers Low and Clark, Interim Public Safety Director Anderson, and City Manager Chi for attending their Community Academy Graduation on October 3. Brian Lewin, Rosemead resident, declined the opportunity to speak because his comments were already echoed by Ms. Shinen earlier. Debbie Turner, residing at 3846 Brookline Ave, expressed concern about a market at the corner of Valley and Brookline Avenue allowing people to drink beer and throw trash in the parking lot. She asked the City to address the issue. Lieutenant Jacob offered to help Ms. Turner with that situation. Lanny Aplanalp, residing at 4746 Fendyke, asked for an update on shopping carts and suggested the topic be placed on a future agenda. City Manager Chi replied staff is negotiating with vendors to address the issue. 3. CONSENT CALENDAR A. Resolution No. 2007- 42 Claims and Demands Recommendation: Adopt Resolution No. 2007-42, for payment of City expenditures in the amount of $1,583,515.99 demands 58668 through 58696 and demands 60617 through 60719 B. Minutes September 11, 2007 - Regular Meeting Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 2 of 11 H. Bank Signature Cards The City of Rosemead requires several different bank accounts to efficiently operate its financial matters. Authorized signers on the City's bank accounts include all Council Members, City Clerk, City Manager and Assistant City Manager. Banks require new signature cards to be completed upon any changes in the list of authorized signers. Recommendation: That the City Council authorize the City Manager, Assistant City Manager and City Clerk as signers on the various City bank accounts. Councilmember Taylor made a motion, second by Councilmember Low to approve Consent Calendar items A, B and H. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Allocation of Home CHDO Set-Aside for FY 2007-2008 The City of Rosemead receives an annual Home Investment Partnerships (HOME) entitlement grant from the U.S. Department of Housing and Urban Development (HUD) based on the City's population size, number of households living below poverty level and number of sub-standard housing units. Federal regulations specify a 15% set-aside of all HOME funds for private nonprofit organizations, which meet the criteria as Community Housing Development Organization (CHDO)'s. These funds must be used for specific project-related expenses associated with housing to be developed, sponsored, or owned by the organization. This can be housing developed for long-term rental, homeownership, or transitional purposes. Up to 5% of the 15% set-aside may be used for general administrative and operational costs of'a CHDO. Typical of many grantees, the City has had difficulty committing HOME funds for a CHDO due to HOME regulations. The HOME regulations are very specific in determining whether an organization qualifies as a CHDO. The applicant must have a demonstrated track record and have true accountability to the communities and residents it serves. This accountability extends to the Board of Directors and requires low-income representation on that Board. Staff is proposing that the City enter into an Agreement with Rio Hondo Community Development Corporation (RHCDC) outlying the conditions for the production of affordable housing opportunities using the 15% CHDO set-aside funding. This organization Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 3 of 11 • • meets HUD's requirements for a CHDO by having the required non-profit legal status, mission statement, financial capacity, and organizational makeup of their Board of Directors necessary for CHDO certification. Recommendation: That the City Council take the following action: 1) Enter into an Agreement with the RHCDC for the production of affordable housing opportunities using the 15% CHDO set-aside funding. Councilmember Clark asked who the members of the Rio Hondo Community Development Corporation are because they were not included in the contract. She stated she tried to Google the organization and asked the City Manager to clarify who the members were. Economic Development Administrator Ramirez read a list of Board of Directors. The company came to the City through HUD and is based locally. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to enter into an agreement with the RHCDC for the production of affordable housing opportunities using the 15% CHDO set-aside funding. Voted resulted in: Yes: Low, Nunez, Taylor, Tran No: None Abstain: Clark Absent: None D. Conditional Use Permit: 07-1103 Appeal Resolution 2007-39 Over the last several months, the City has been working with the Garvey School District and East Los Angeles College (ELAC) towards processing a conditional use permit application to lease the existing Williams Elementary School facility located at 2444 Del Mar Avenue, for the purpose of establishing and operating a satellite ELAC campus. The Planning Commission approved the conditional use permit at its' September 5, 2007 meeting. Shortly thereafter, Council Member Gary Taylor requested that the CUP be appealed to the City Council. On September 25, 2007, the City Council upheld the Planning Commission's approval of the CUP and directed staff to prepare a resolution with all required findings, including information relating to the California Environmental Quality Act (CEQA), in this case, a mitigated negative declaration. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 4 of 11 • • Recommendation: That the City Council approve Resolution 2007-39 approving Conditional Use Permit 07-1103 and adopting Mitigated Negative Declaration and Mitigation Monitoring Program. Mayor Tran and City Attorney Garcia recused themselves from the meeting during the discussion of Item D. Mayor Pro Tem Nunez facilitated the item. Jim Flournoy, Rosemead resident, felt it was inappropriate for the Council to address this issue and felt Garvey School District should be the lead agency and didn't think the Council had jurisdiction over the matter. Special Counsel Attorney Richman indicated the Garvey School District could exempt itself regarding land use control. Councilmember Low made a motion with a second by Councilmember Clark to approve the item. Councilmember Taylor indicated he had not yet received answers to his appeal questions yet. Mr. Taylor was concerned about the safety of children aged 6 to 12 commingling with adult college students. Mayor Pro Tern Nunez thought District Superintendent Virginia Peterson told the Council that scenario would not happen. Councilmember Taylor's specific concern was the separation of the Jaime Escalante Math program and ELAC students. Assistant City Manager Saeki indicated staff would defer to state code as to what type of separation is required. Audience member Bob Bruesch requested to speak to address Mr. Taylor's question. Mayor Pro Tern Nunez felt only staff should address the issue and indicated that if Mr. Bruesch did speak, it would only be as an individual, not as a Board Member for the Garvey School District. Special Counsel Richman clarified that Mr. Breusch could speak as an individual. Councilmember Clark felt Mr. Bruesch should speak if he has information to share and opposed cutting off discussion. Bob Bruesch, Rosemead resident, commented based on personal observation that the Jaime Escalante Institute operates at William's school during the summer, but during the school year operates at Temple and Garvey. Based on his personal observations, the program and ELAC students have not and will not intermingle. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 5 of 11 Councilmember Clark asked if the Escalante summer classes will be. offered again. Mr. Bruesch indicated he was not sure. Councilmember Low made a motion, second by Councilmember Clark to approve Resolution 2007-39 approving Conditional Use Permit 07-1103 and adopting Mitigated Negative Declaration and Mitigation Monitoring Program. Vote resulted: Yes: Clark, Low, Nunez No: None Abstain: Taylor Absent: Tran (recuse) Councilmember Taylor asked the record to show he had not received verification on the separation of the children and the lease agreement. Mayor Pro Tern Nunez recessed the meeting for five minutes. The meeting reconvened back with Mayor Tran. E. Stop Sign and Crosswalk on Jackson Avenue at Whitmore Street At the September 25, 2007 City Council meeting, the Council directed staff to prepare a plan showing the installation of a new stop sign and crosswalk on Jackson Avenue at Whitmore Street. Recommendation: That the City Council approve the plan for the installation of a stop sign and crosswalk at Jackson Avenue and Whitmore Street and direct staff to begin the process for the installation. Councilmember Taylor made a motion, second by Councilmember Clark to approve the plan for the installation of a stop sign and crosswalk at Jackson Avenue and Whitmore Street and direct staff to begin the process for the installation. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None F. Request for Striping Changes on Encinita Avenue at Mission Drive At the July 5, 2007 Traffic Commission meeting, the Commission discussed and approved a plan to change the striping pattern and curb Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 6 of 11 • • markings on Encinita Avenue at Mission Drive. This change entails installation of a red curb at 4106 Encinita Avenue. Recommendation: That the City Council approve the Traffic Commission's recommendation to change the striping pattern on Encinita Avenue at Mission Drive and the installation of red curb at 4106 Encinita Avenue, and direct staff to order the work. Ron Gay residing at 4106 Encinita, indicated Bott-Dots were part of the original proposal approved by the Traffic Commission to slow traffic. He also discussed clarification to indicate the red curb should go from 4100 to 4106 Encinita. Mayor Tran asked if the Bott-Dots were approved at the Traffic Commission meeting. Mr. Gay responded it was not listed in the minutes, so staff indicated the Bott-dot request would have to go before council. Councilmember Taylor asked if Bott-Dots installation require City Engineer approval. Mayor Pro Terri Nunez asked for this item to be brought back to Council with corrections after City Engineer review for the next meeting. G. Recommended Terms to Be Used In a Promissory Note Payable to the City for an Advance Made By the City to RCDC on September 28, 2007 On June 12, 2007 the Rosemead Community Development Commission ("RCDC") held a special budget meeting. At that meeting, by a unanimous vote, the RCDC Commissioners approved the budget which includes a transfer from the City's General Fund to the RCDC Project Area No. 1 Capital Projects Fund of $2,497,920. A promissory note is also necessary to complete this transaction. This report is to present to the Council, for review, the terms to be considered for use in a promissory note to the City from the Rosemead Community Development Commission. Recommendation: That the City Council approve the recommended terms outlined in the staff report to be used in a forthcoming Promissory Note made by the RCDC. Councilmember Taylor asked what the money is going to be used for. City Manager Chi responded the money would be used to pay for ongoing costs. The loan was approved at the budget meeting, but the Council needed to approve the terms of the loan. Mr. Chi stated the City would loan the Agency about $2.5 million at a annua rate of 5.25% over the next 20 years. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 7 of 11 • 0 Councilmember Taylor asked if money is put in the Capital Projects Fund how will it be used for administrative costs. Assistant City Manger Saeki clarified the money will reside in the Capital Projects Fund. Councilmember Taylor asked how much money is in the Project Area No. 1 Fund. City Manager Chi replied about $16 million in bond money is in the Project Area No.1 Fund. The tax exempt bond money can be use for limited purposes; one restricted purposes is administrative costs such as salaries and benefits, making this loan necessary. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the recommended terms outlined in the staff report to be used in a forthcoming Promissory Note made by the RCDC. Vote resulted: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF A. City Clerk Recruitment Process On October 1, 2007, the City Clerk submitted a letter of resignation indicating that her final day with the City will be on October 12, 2007. Based on this development, it will be necessary for the City to begin efforts to recruit for a new City Clerk. After discussing this item with members of the City Council, it is proposed that staff begin the recruitment process for a new City Clerk and for the City Manager to appoint a new City Clerk subject to the approval of the City Council. Recommendation: That the City Council take the following action: Authorize staff to begin recruitment efforts for a City Clerk Authorize the City Manager to appoint a new City Clerk subject to formal approval by the City Council City Manager Chi asked for direction about the City Clerk recruitment process. Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 8 of 11 11 0 Councilmember Low replied usually the Council appoints a new City Clerk, not the City Manager. She felt the City Manager should recruit candidates with Council selection. Councilmember Clark agreed with Ms. Low that the staff should do recruitment and perhaps give input, but have council interview and appoint the City Clerk. Mayor Pro Tern Nunez felt staff should screen the most qualified candidates so Council can then interview and appoint a Clerk. Councilmember Clark disagreed and felt the Council should screen all candidates. Councilmember Taylor felt all five Councilmembers should interview. He read a portion of the staff report which he disagreed with that stated the City Manager should appoint a new City Clerk subject to the approval of Council. Mr. Taylor advocated the City Clerk should be independent. Councilmember Low made a motion, with a second by Councilmember Clark for staff to coordinate the application process but to have the City Clerk appointment made by Council. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL A. Letter Regarding Property Maintenance Ordinance On September 25th, a study session was held to discuss the elements of a new Property Maintenance Ordinance in an effort to enhance the City's existing Code Enforcement Program. Based on the feedback received from the City Council, staff was directed to draft a letter for distribution to the entire community regarding this new proposed regulation. In order to finalize the mailing of a letter regarding this matter that the entire City Council agrees upon, staff has drafted a correspondence for consideration. Recommendation: That the City Council approve the draft letter regarding the proposed Property Maintenance Ordinance for distribution to the entire community. Councilmember Low requested this item be tabled. No action was taken. B. Request from Council Member Taylor Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 9 of 11 On. October 2, 2007, Council Member Taylor submitted written correspondence to the Rosemead City Council. In that letter, Council Member Taylor requests that the City Council vote on whether or not to engage the services of Special Investigator Tess Elconin to complete a more in depth investigative report as it relates to a pending personnel matter. Recommendation: That the City Council provide staff with additional direction. Katrina Sornoso, residing at 3903 Eade, advocated the process of moving the City forward should start with the City Manager providing information requested to Council. Ms. Sornoso expressed concern about allegations made against Mayor Pro Tern Nunez and applauded Mr. Taylor's efforts to get details to residents. Jim Flournoy, Rosemead resident, spoke against Mr. Taylor's request and advocated that closed session items are sacred and need to be kept in closed session. He advocated assumption of innocence until proven otherwise in a court of law. Councilmember Low expressed disappointment and outrage with Mr. Taylor's letter because it disclosed information from closed session which should be kept confidential. She felt Mr. Taylor's actions were not fair to the process, public, or to the taxpayers. Councilmember Low made a motion to reject the item on the agenda and refer Councilmember Taylor to the Grand Jury for criminal prosecution for violating closed session confidentiality. Mayor Tran seconded Councilmember Low's motion and stated what Mr. Taylor wrote in his letter broke the law and compromised taxpayers. Councilmember Taylor thanked Mrs. Low for her motion as the action will release comments made by employees. He stated his objection to City Attorney Garcia's reversal of information from the first closed session discussion about the issue. Councilmember Clark asked if Mayor Pro Tern Nunez could vote on this item. City Attorney Garcia answered that he could because it is a separate issue. Councilmember Low made a motion, second by Mayor Tran to reject the item and refer Mr. Taylor to a Grand Jury for criminal prosecution for violating closed session confidentiality. Vote resulted: Yes: Low, Nunez, Tran No: Clark Abstain: Taylor Absent: None Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 10 of 11 & ADJOURNMENT 0 The meeting adjourned at 8:50 pm. The next regular City Council meeting is scheduled to take place on October 23, 2007 at 7:00 pm. Respectfully submitted: CITY CLERK APPROVED: "I in Tran YOR Rosemead City Council Minutes Regular Meeting: October 9, 2007 Page 11 of 11 r] STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, Acting City Clerk for the City of Rosemead, do hereby certify that the minutes from October 9, 2007, were duly and regularly approved and adopted by the Rosemead City Council on the 11 `h of December, 2007, by the following vote to wit: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Gloria Molleda Acting City Clerk 71 Attachment E • 0 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL January 8, 2008 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 the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led Mayor Tran. The invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmember's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran Absent: None 1. CITY CLERK CONTRACT APPROVAL At the December 18, 2007 City Council meeting, Gloria Molleda was appointed as the new Rosemead City Clerk. After the selection was made, staff was directed to negotiate a . contract with Ms. Molleda within terms specified by the City Council. A contract has been prepared in consultation with Ms. Molleda within those specified terms (Attachment A) and is being presented tonight for City Council approval. Recommendation: That the City Council approve the City Clerk Employment Agreement. Councilmember Taylor made a motion, second by Mayor Pro Tern Nunez to approve the City Clerk Employment Agreement. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Tran administered the Oath of Office to Gloria Molleda, City Clerk. 2. PUBLIC HEARING A. ' City of Rosemead Ordinance No. 863 - Adoption of the California Building Standards Fire Code (Title 32 Los Angeles County Fire Code) The new 2007 California Fire Code became effective statewide on January 1, 2008. The City of Rosemead has traditionally adopted the Los Angeles County amendments to the State Fire Code as its own amendments to the State Law. The Los Angeles County Board of Supervisors adopted the new California Fire Code as amended by the Los Angeles County Fire Department at its November 27, 2007 meeting. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page I of 22 i The State Fire Code is based on the 2006 International Fire Code. The Building Standards Commission has amended the model code to apply to specific California needs. The Los Angeles County Fire Department further amends the code to account for the unique requirements of the County of Los Angeles. The County amendments would also apply to similar conditions in the City of Rosemead. Recommendation: That the City Council INTRODUCE and ADOPT Ordinance No. 863 on the first reading. City Manager Chi reviewed staff report for Public Hearing regarding adoption of the California Building Standards Fire Code (Title 32 Los Angeles County Fire Code). Mayor Tran opened public hearing at 7:05 p.m. . Juan Nunez, 2702 Del Mar Avenue, stated that he was under the impression that nothing would be build at this location right away. City Manager explained that the owners of that location do have the appropriate building permits to build. Juan Nunez asked if the new building was going to go up new and if the old building had been demolished. He also asked if this project had been going on for three years. City Manager Chi responded that discussions had been under going for about 3 to 5 years. Juan Nunez recommended that the fire department not engage in putting out fires in those places that are under power lines. James Flournoy, 8655 Landis View, stated we have a fire code but we have to have people that know what the fire code is and enforce it. He stated he had requested a public record report on that site and had not received an answer. Mr. Flournoy asked how the city had issued building permits if we do not have said reports. Councilmember Clark asked why Mr. Flournoy's request hadn't been answered. City Manager Chi responded staff is still looking and researching Mr. Flournoy's request to come up with the appropriate reports. Mr. Chi asked Jim Guerra, Building Official from Wildan, to come up to podium and explain the status of the projects. Jim Guerra stated he has been collecting the necessary information that Mr. Flournoy had requested. However, some of the language used in his requests were not clear or involved a voluminous amount of research. Mr. Guerra assured that all projects under construction legally meet both the local and state requirements. Jim Flournoy commented that there is a grading code that states what steps should be taken. There being no other speakers, public hearing for item 2A closed at 7:11 p.m Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 2 of 22 • i Councilmember Low made a motion, second by Mayor Pro Tern Nunez to approve Ordinance No. 863 on first reading. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Councilmember Clark clarified that the vote was on the ordinance and asked staff to bring back report regarding building because of its controversy. 3. PUBLIC COMMENT FROM THE AUDIENCE Mayor Pro Tern Nunez asked if he could read a statement at this time. Mr. Nunez read from a document and stated that he had been named as a defendant in a sexual harassment suit. He clarified that he was asked by legal counsel not to make statements during litigations. He expressed that he denies and will continue to deny any allegations set forth in complaint. Mr. Nunez also clarified in his statement that the complaint was filed two years later of occurrence. Mr. Nunez stated that he was informed by the CJPIA that the attorney fees and the cost to defend this case would significantly exceed the amount of the settlement and that the amount would continue to increase every time Mr. Taylor would discuss closed session matters regarding this case. City Attorney Bonny Garcia explained that council members could not engage in a conversation back and forth in regards to this topic. Councilmember Taylor asked if he had said something to Mr. Nunez and asked that these comments be verbatim on the minutes. Mayor Tran explained process on having minutes verbatim and how it should be motioned. Councilmember Taylor made motion to have Mayor Pro Tern Nunez's comments verbatim on the minutes, seconded by Councilmember Clark. Vote resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Abstain: None Absent: None Councilmember Taylor stated this has been a cover up since day one and that this has cost over $400,000.00. Juan Nunez, 2702 Del Mar Avenue, asked if this was an agenda item and if this means that Mayor Pro Tern Nunez gets away Scott free without any penalties. Mr. Nunez stated that he knew he said he didn't do it but someone else said he did and that this should be settled in court. Mr. Nunez added that according to a newspaper, the city will pay settlement; Mayor Pro Tern Nunez should be deducted for this settlement. He stated that he also read on the newspaper three weeks ago that Margaret Clark was being sued. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 3 of 22 • 0 Mayor Tran asked Mr. Nunez to be more specific with his question. Mr. Tran clarified that it is not a lawsuit; something was referred to the District Attorney's office. Juan Nunez you asked who gets involved with Metro transit and asked if staff knew they had changed their stop signs; the buses do not stop at the same place. He stated that he had to get in front of the bus to prevent it from leaving. City Manager Chi urged Mr. Nunez not to stand in front of the bus. Assistant City Manager Saeki explained that the city is aware of the situation; staff has been working and is in contact with MTA and will rectify that as soon as possible. Juan Nunez, reiterated about the benches and stop signs. Brian Lewin, 9501 E. Ralph Street, wished council a Happy New year and congratulated the City Clerk. First he asked Council to consider a letter of support for a stamp for WWII. He stated that he would appreciate it if the city would make a resolution to honor said stamp. He also addressed council on the issue relating to the relinquishment to Rosemead Boulevard. He stated that in reference to Councilmember Clark's comments he felt that staff should start looking into storm water issues and start taking action now so that we have less to clean up later. He added that staff should also consider asking code enforcement to pursue storm water issues. Councilmember Clark indicated the pollution that goes down the gutter does not go to the sewer treatment plant. Ms. Clark asked staff to follow up on the matter. Diana Herrera, 3879 N. Delta Avenue, stated she was upset and sad about the already congested Rosemead Boulevard and Garvey Avenue. Ms. Herrera made comments in regards to Councilmember Low, Mayor Pro Tern Nunez, and Mayor Tran; stating John Tran did a nice thing by bringing back the 4m of July parade and bringing bicycles to needy children; illegal but nice. She stated she felt Mayor Tran was being irresponsible in handling developments in Rosemead. Ms. Herrera stated that Mayor Pro Tem John Nunez, alleged offenses have a pattern. Jean Hall, 3655 Muscatel Street, stated she did not want Council to think she is always negative and when she came up was because she had something to say. She stated she was concerned with the negative publicity surrounding Rosemead; and has been ashamed of residing in Rosemead. She felt that Mr. Nunez is a reflection of our choices and felt he should step down. She asked how Mr. Nunez could be satisfied to know the sexual harassment allegations and not have a chance to clear his name. James Flournoy, 8655 Landis View, stated he had also been accused of sexual harassment and stated that Mr. Nunez was innocent until proven guilty. Mr. Flournoy also spoke of the changes in building codes, reference codes, and civil engineer books. He felt that staff should put all these references in the City's website so that people coming in know what books/codes need to be followed. He also referenced documents that the State of California utilizes for codes. Mr. Flournoy apologized to Mr. Guerra and asked him to write a statement assuring in the City all projects under construction legally meet both the local and state requirements. Rosemead City Council Minutes Regular Meeting. January 8, 2008 Page 4 of 22 • 0 Marlene Shinen, 8447 Drayer Lane, S. San Gabriel, stated she did not understand what council had previously voted on and asked for clarification. Mayor Train clarified the vote was to have Mayor Pro Tern Nunez's statement verbatim in the minutes. 4. CONSENT CALENDAR Resolution No. 2007.49 Claims and Demands Recommendation: Adopt Resolution No. 2007- 49, for payment of City expenditures in the amount of $3,725,289.42 numbered 58878 through 58913 and 61180 through 61307. C. Resolution No. 2008.4 Claims and Demands Recommendation: Adopt Resolution No. 2008- 4, for payment of City expenditures in the amount of $977,271.30 numbered 58914 through 58963 and 61308 through 61376. D. Release of Letter of Credit - Tract Map 63143 4433 Walnut Grove Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of curb and gutter, sidewalk, a new driveway, parkway drains, planting two parkway trees, relocation of a storm drain catch basin, and installation of survey monuments for Tract Map 63143. In lieu of bonds, a Letter of Credit was issued to the City in the amount of $64,650.00. Recommendation: That the City Council accept the public improvements and release the Letter of Credit. E. Approval of Parcel Map 65311 and Undertaking Agreement 3165 Rosemead Place In accordance with the Conditions of Approval for Tentative Parcel Map No. 65311 approved by the Rosemead Planning Commission on February 5, 2007, the subdivider is required to construct sewer laterals, curb and gutter, sidewalk, parkway drains and A.C. pavement and to install survey monuments prior to recordation of the final map. The Undertaking Agreement guarantees the completion of these public improvements. The subdivider is also required to dedicate 4 feet along the property frontage for public street purposes. Recommendation: That the City Council approve Parcel Map 65311 and the undertaking agreement for the completion of public improvements and accept on behalf of the public the dedication of streets as show on said Parcel Map. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 5 of 22 • 0 Approval of Undertaking Agreement for Parcel Map 68743 3055 Sullivan Avenue In accordance with the Conditions of Approval for Tentative Parcel Map No. 68743 approved by the Rosemead Planning Commission on April 2, 2007, the subdivider is required to construct sewer laterals, driveways and sidewalk, plant a parkway tree and install survey monuments prior to recordation of the final map. The undertaking agreement guarantees completion of these public improvements. Recommendation: That the City Council approve the undertaking agreement for the completion of public improvements. G. ICMA Deferred Compensation Loan Program The City currently contracts with ICMA to provide a 457 Deferred Compensation plan for employees. An added 457 plan feature that ICMA offers is a loan program where plan participants may take out loans against their own accounts. The program offers competitive interest rates and extremely low administration and origination fees. Recommendation: That the City Council adopt Resolution No. 2008-02 amending the ICMA 457 Retirement Plan to permit loans, and authorize the City Manager to execute the Loan Guidelines Agreement. J. Approval of License Agreement with the Rosemead Youth Association for the Use of the Rosemead Park Snack Bar For many years, the Rosemead Youth Association, a youth baseball organization, has utilized the Snack Bar at Rosemead Park during their baseball season as a type of a fundraiser and service to the Park patrons. They are requesting that they be allowed to operate it again from February 1, 2008 through July 1, 2008. Recommendation: That the City Council allow the Rosemead Youth Association to operate the Snack Bar at Rosemead Park and that the Mayor be authorized to execute the attached License Agreement. Approval to Allow the Comite Civico Latino-Americano Use of Rosemead Park to Host a 2008 Sport & Fitness Community Fair The Comite Civico Latino-Americano hosts an "Annual Festival del Deporte" (Sports & Fitness Fair). This year they are requesting the use of Rosemead Park on Saturday, January 26 and Sunday, January 27, from 12:00 p.m. - 8:00 p.m. This activity consists of 30 exhibitor booths featuring Healthcare Services, Fitness Awareness, Sport Education, Community Services, Immigration, Finances/Sales, Real Estate/Home Loans, Job Opportunities and Food and Beverages. In addition there will also be sport clinics, a health fair with free vaccinations and examinations, an emphasis on fitness will be offered, as well as some hands-on sporting techniques. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 6 of 22 • 0 Recommendation: That the City Council authorize Comite Civico Latino- Americano the use of Rosemead Park on January 26 and 27. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the aforementioned consent calendar items B, C, D, F, E, G, J and N. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A.. Minutes December 11, 2007 - Regular Meeting December 18, 2007 - Special Meeting The November 20, 2007 special meeting minutes were deferred by Councilmember Low. Councilmember Taylor read part of the minutes of December 11, 2007 and asked why Mayor Tran's statements were not verbatim. Mayor Tran explained that he did make a comment for the minutes to be verbatim but was reminded later that the council needed to vote to take that action. Councilmember Taylor made motion to have Mayor Tran's comments verbatim, second by Councilmember Clark. Councilmember Taylor asked the Mayor who directed staff not to have the minutes verbatim. Mayor Tran reiterated that he did and was reminded that there was no vote. Councilmember Clark asked Mayor Tran if he had previously remembered that they had to vote to have the minutes verbatim. Mayor Tran stated he didn't and reiterated that in the past council voted on whether they wanted the minutes to be verbatim or not. Councilmember Clark explained that the only time when council would vote on minutes to be verbatim is when there was not a consensus. Councilmember Low stated she was very uncomfortable having this verbatim because of the amount of work it would create for the City Clerk. Councilmember Clark responded that it is only one paragraph. Mayor Tran asked the council to vote. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 7 of 22 r • Councilmember Taylor made motion to have Mayor Tran's comments verbatim, second by Councilmember Clark. Vote resulted in: Yes: Clark, Taylor No: Low, Nunez, Tran Abstain: None Absent: None Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the minutes of December 11, 2007. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Taylor asked staff to go back and review the minutes of when Mr. Tran wanted Mr. Glassman appointed and stated that he wanted that item verbatim; no vote was taken and they were verbatim. Councilmember Clark asked that the following comment made by Ms. Shinen be added to the December 18, 2007 minutes, "Ms. Shinen brought two issues before the Council; her first concern was it appeared the City Clerk was appointed by the Council with oversight from the manager, but now it appears the City Clerk would report to one of the Assistant Managers." Councilmember Clark made a motion, second by Councilmember Taylor to approve the minutes of the special meeting of December 18, 2007 with corrections. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Councilmember Clark asked City Manager Chi whether the City Clerk reported to the Assistant City Manager or Council. City Manager Chi explained that on a day to day basis Mr. Hawkesworth will provide Ms. Molleda with direction regarding things that need to happen. Ultimately, the City Manager is responsible for making sure that everything is happening the way the Council wants things to happen. Councilmember Clark reiterated that staff will be giving input but City Clerk is still under Council's direction. City Manager Chi responded that there will be interaction by staff and yes, City Clerk still reports to and works for the City and City Council. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 8 of 22 0 • H. General Plan Amendment 07.02, Zone Change 07.225, Planned Development Review 07-01, Conditional Use Permit 07.1090 and Tentative Tract Map 070044 Located at 7419.7459 Garvey Avenue - Second Reading On December 11, 2007, the City Council reviewed the proposed mixed use project at the first required public hearing, which resulted in a motion for approval. The project is now before the Council at the required second reading: Recommendation: That the City Council ADOPT Ordinance No. 860, thereby APPROVING General Plan Amendment 07-02, Zone Change 05-225, Planned Development Review 07-01, Conditional Use Permit 07-1090, and Tentative Map 070044, subject to the attached conditions. Jim Flournoy thanked staff and stated that some of these negative mitigated declarations came through because some are not clear. From now on we'll have the right questions. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve Item H. Vote resulted in: Yes: Low, Nunez. Tran No: Taylor Abstain: Clark Absent: None Councilmember Taylor stated that his no vote can be referred back to the previous minutes of December 11, 2007, were his comments on this matter can be viewed. Councilmember Clark stated the same regarding her statements. General Plan Amendment 07.06, Zone Change 05.222, Planned Development Review 06-04, Conditional Use Permit 06.1064, and Tentative Tract Map 069079 for Property located at 3862 Rosemead Boulevard and 9016 Guess Street - Second Reading On December 11, 2007, the City Council reviewed the proposed mixed use project at the first required public hearing, which resulted in a motion for approval. The project is now before Council at the required second reading. Recommendation: That the City Council ADOPT Ordinance No. 861, thereby APPROVING General Plan Amendment 07-06, Zone Change 05-222, Planned Development Review 06-04, Conditional Use Permit 06-1064, and Tentative Map 069079, subject to the attached conditions. Jim Flournoy stated that the mitigation has been taken care of. Roberto Tsai, 9270 Steele Street, expressed his concerns and stated he was disturbed because it did not seem like we work together as a city. Mr. Tsai stated that during the December 11, 2007 meeting all he heard was negative comments about this project. Mr. Tsai asked if the city is on the Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 9 of 22 0 • red regarding cash flow. He added that residents have come out and argued against the outrageous four story buildings, but it seems votes are always 3/2. Mr. Tsai told council that they were voted by people for the people and asked why they are doing this to the people Councilmember Taylor asked Mr. Tsai if he knew about previous items that council had agreed on. Mr. Taylor explained about projects that had been voted on and agreed on by all council. He added that the problem with this project was that there are 62,000 cars a day that are on Rosemead Boulevard in front of that unit and Council has their disagreements with this because the project is just too big. Mr. Taylor added there will be other projects that are coming up, such as, the 4 or 5 story building on Rio Hondo and Valley. Assistant City Manager Saeki clarified it will be a 3 and 4 stories building. Councilmember Taylor explained the residents will see more high density retail mixed use. He also clarified that they are not against progress; it's just when it gets so dense. For example, the Garvey Avenue project requires two story subterranean parking. Each condominium has two parking spaces, our code states that two condominium projects require one additional parking space for visitors. These projects are doing away with the additional parking requirements. He is against too many cars in smaller locations. Mr. Tsai stated he remembered there was a motion on last meeting about a report of traffic on Rosemead Boulevard and asked if anything had been done about it. Mayor Tran stated Rosemead Boulevard belongs to the California Highway. Councilmember Low asked if Rosemead Boulevard belonged to CalTrans and if traffic flow would improve if signal lights would be synchronized. Mr. Tsai urged Council not to have an exit through Guess Street. Councilmember Taylor explained the project had been approved with the exit on Guess Street. Councilmember Low explained that during the last election there were a lot of residents that told her they would like to see more restaurants to improve the family feel. She added the people know that she will approve what they want and that many residents asked to bring more life into Rosemead. She stated these projects have also been approved by the Planning Commission and have been thoroughly reviewed. Councilmember Clark stated nothing that had been protested previously on these projects had been changed. She stated Mr. Taylor was talking about traffic on Rosemead Boulevard and if the city puts projects that are 4 or 5 stories mixed use they will absolutely congest the City of Rosemead. Councilmember Taylor asked City Manager Chi who controls the traffic signals. City Manager Chi responded it was CalTrans who controls traffic signals. Councilmember Taylor stated CalTrans does have a highway division that sets a signal in all of Rosemead Boulevard. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 10 of 22 City Manager Chi stated CalTrans has a way to synchronizing traffic lights. Councilmember Taylor asked if anyone had checked on his previous request when they had discussed Garvey Avenue; he asked staff to check and see how L.A. County, who has a satellite station in Colorado, controls those signals. City Manager Chi answered that staff had not. Councilmember Taylor asked how the City controls the lights on Garvey. City Manager Chi responded the City contracts with a company that runs the timing and corrects any problems. Councilmember Taylor asked staff to check on how signals are coordinated. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the aforementioned item I. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Taylor noted that if anyone wanted to view the discussion regarding this item they can refer back to the minutes of December 11, 2007. Councilmember Clark also noted that her comments can be referred back to the same minutes. K. Appropriation of Funds for Contracted Project Management Services and for Financial Assistance to the Rosemead Youth Association At the December 11, 2007 City Council meeting the City Council approved a master agreement and project/construction management services agreement with the Del Terra Group. Included in the agenda item was an increase in appropriations not to exceed $149,820.00. Also, at the same meeting, the Rosemead Youth Association (RYA) requested financial aid to assist with payment of an IRS levy and daily operation costs. Councilmember Taylor recommended contributing $15,000.00 to restore normal operations and the City Council approved the contribution. Since neither of the above items was included in the FY 2007-2008 budget an appropriation amendment is needed. Recommendation: That the City Council approve an appropriation addition of $149,820.00 in the General Fund, Capital Improvement account (4760-4905- P74601) for contracted project management services and an increase of $15,000.00 in the Community Promotions, Community Contributions account (4200-6320-Fund01) for assistance to the Rosemead Youth Association. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 11 of 22 Councilmember Taylor stated he would like to bifurcate the next motion due to some confusion; he stated that it was clear the $15,000.00 was for the RYA but that council had previously received a staff report that mentioned that when this new contractor took over the project there would be a credit given back to the city from the previous contractor. City Manager Chi responded no and that the intent was that initially when Del Terra was contracted for the Garvey Bridge the pot of money that had been allocated (1.5 million) for the development of the bridge was to be paid to the prior contract manager. At that time when the Del Terra's contract was approved there was approximately $300,000.00 remaining from the initial money allocated. There is a potential increase in cost to have Del Terra finish the construction management; however, Del Terra has committed to say the increase will not be more than $149,000.00 and change. Councilmember Taylor asked what happened to the payments that were due when the prior contractor was removed and Del Terra took over. City Manager Chi noted that Willdan was paid for the work they had completed and the remainder was $300,000.00. When Del Terra replaced Willdan the estimated cost to finish the job was $300,000.00 with a potential increase of approximately $150,000.00 Mayor Tran asked that a motion be made for the recommendation of the RYA. Councilmember Taylor made a motion, second by Councilmember Low to approve the recommendation for the Rosemead Youth Association $15,000.00 contribution. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the appropriation of funds for Del Terra. Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Clark asked for the record to show that her no vote was because Del Terra has a history in the Garvey School District of cost over run. L. Resolution Supporting COG Transportation Planning Grant Application for Rosemead Boulevard The City has actively participated in planning efforts with the Southern California Association of Governments (SCAG) and the San Gabriel Valley Council of Governments (SGVCOG) to address population growth and transportation issues in the region. In 2004, SGVCOG member cities participated in the Summit of Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 12 of 22 • • Growth, a planning effort to address these issues over the next thirty years. These planning efforts have helped identify key transportation corridors in need of a coordinated focus from local cities. The California Department of Transportation (Cal Trans) offers planning grants to help cities and regional planning agencies address these issues along important transportation corridors. Recommendation: That the City Council: 1. Adopt Resolution 2008-05 supporting SGVCOG's grant application to Cal Trans for transportation planning efforts along Rosemead Boulevard. 2. Authorize the Mayor to sign the attached letter of support. M. Resolution Supporting COG Transportation Planning Grant Application for Valley Boulevard The City has actively participated in planning efforts with the Southern California Association of Governments (SCAG) and the San Gabriel Valley Council of Governments (SGVCOG) to address population growth and transportation issues in the region. In 2004, SGVCOG member cities participated in the Summit of Growth, a planning effort to address these issues over the next thirty years. These planning efforts have helped identify key transportation corridors in need of a coordinated focus from local cities. The California Department of Transportation (Cal Trans) offers planning grants to help cities and regional planning agencies address these issues along important transportation corridors. Recommendation: That the City Council: 1. Adopt Resolution 2008-06 supporting SGVCOG's grant application to Cal Trans for transportation planning efforts along Valley Boulevard. 2. Authorize the Mayor to sign the attached letter of support. Juan Nunez, 2702 Del Mar Avenue, spoke in regards to traffic and felt that with the new developments the City is adding more people. By adding more people, the City is not going to help traffic situation. Mr. Nunez felt confused as to why the council is doing this. Councilmember Clark stated she planned to vote no on this because of the way the resolution reads. Ms. Clark stated other cities are going to be looking at our city (Rosemead Boulevard) and say that this is a good place to build four story buildings. She explained how the "San Diego Plan" or transit oriented development fits in Glendora and Claremont because they have projects adjacent to the proposed site of the Metro Gold line but it won't fit in Rosemead because we do not have a transit station. Mayor Pro Tern Nunez mentioned that the Traffic Commission and SCAG also moved to include rapid transit stations. The committee on transportation has now expanded these ideas on the SCAG. Mayor Tran asked staff who brought this to the Council's attention. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 13 of 22 City Manager Chi stated that both items L and M are initiatives that the San Gabriel Valley Council of Governments is currently working on, are seeking grant funds through Metro, and have asked every city along the Rosemead Corridor and Garvey Corridor to support their initiatives. Mayor Tran commented that there are two councilmembers that sit on the board (SCAG) and asked Ms. Clark if she had voiced her oppositions. Councilmember Clark explained she had expressed her opposition and stated that at that meeting people were putting chips on where they wanted new housing units to be built without having any clue on what the zoning codes were for other cities. Mayor Tran directed staff to gather more information in regards to both items. Councilmember Taylor stated that item M is a duplicate of Valley Boulevard and asked that information be gathered for both items. Mayor Tran directed staff to review both items and contact SCAG and COG to see what there take is on these two items. Councilmember Low mentioned that this was an opportunity to get some funding for the study. Councilmember Taylor clarified the City of Rosemead did not get any money. City Manager Chi stated it was a not grant for the City of Rosemead but rather for the San Gabriel Council of Governments, whose purpose is to promote regional cooperation in terms of housing development and transportation. Mr. Chi explained that COG is currently in the process of applying for grants through L.A. Metro and those grants will be used for advanced planning along Rosemead Boulevard and Valley Boulevard; COG is looking to gain support from cities that are involve to advance their agenda. Councilmember Taylor stated Rosemead Boulevard, Valley Boulevard, and Garvey Avenue all have an F rating for traffic circulation. He added that these groups are going to put together a master plan that works best for the control of traffic flow and will make proposals that take away local control. Mayor Pro Tern Nunez felt that the city should be involved in these planning procedures to find ways to get people on rapid transit. Mayor Tran asked Mr. Saeki if he knew what the CalTrans' rating was on the off ramp of the 60 freeway exiting San Gabriel Blvd by Wal-Mart. Assistant City Manager Saeki responded that he did not know. Mayor Tran stated he wanted to point that out. Councilmember Taylor clarified that it affected the traffic only 3 percent as stated on the study report. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 14 of 22 0 Mayor Tran expressed concern because it was by a residential area. Mr. Tran asked staff to bring back these two items. Administrative Service Officer Marcarello stated the items could not be bought back because they were time sensitive. Mayor Pro Tern Nunez made motion to support these items. Councilmember Low clarified this was only a letter of support and it did not mean it would automatically add more people and traffic to the city. Mayor Pro Tern Nunez made motion, second by Councilmember to approve items L and M. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. Recommendation for Adopting Reserve Policies for Selected Funds A mark of fiscal stability is a city's undesignated General Fund balance or an officially designated General Fund reserve or one derived from General Fund revenues. In a "Recommendation Practices" report, The Government Finance Officer's Organization (GFOA) states that, "It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) Fund balance levels are a crucial consideration, too, in long-term financial planning:" The GFOA went on to recommend the governments establish a formal policy on the level of unreserved fund balances, or reserved or designated fund balances that should be maintained in the General Fund and other selected funds. This report recommends that City Council members adopt the accompanying policy establishing reserve levels for the General Fund and also creating a Capital Projects fund and an Equipment Replacement Fund, as well as the procedures for establishing, maintaining and the use of reserves. Recommendation: That the City Council adopt Resolution No. 2008-01, "A Resolution of the City of Rosemead Adopting a Fund Balance Reserve Policy" Juan Nunez, 2702 Del Mar Avenue, expressed his concerns about the reserve policy and felt that the city is gambling other people's money. City Manager Chi stated he was excited to present a formal reserve policy and also the establishment of some reserve funds; reported staff has been working on preparing for the 2008- 2009 fiscal year budget. He explained that during the course of conversation staff had been working on developing a more formal general plan reserve policy in addition to several reserve Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 15 of 22 funds, such as, a capital replacement fund and an equipment replacement fund to better designate funds that the city currently holds in an unallocated fund balance. Mr. Chi added the City is in excellent fiscal condition and currently has 20 million dollars in unallocated general funds reserves. In addition, best practice in government financing circles do recommend that the City allocate those funds to specific reserve pods; three funds for council's consideration include the General . Operating Reserve Fund, a Capital Projects Fund and an Equipment Replacement Fund. Staff recommends creating two different reserve funds; one for capital projects, in which will assist with any unforeseen projects and the second for equipment replacements, which will help replace all city equipment. Councilmember Taylor asked the City Manager where he got the figures for the capital funds and asked for clarification of the other fund and the amount of it. City Manager Chi reiterated the description of the Capital Fund and the Equipment fund purposes. Finance Director Steve Brisco asked Council to commit to the Equipment replacement fund that will allow them to charge the departments the equivalent depreciation plus five percent which will accumulate and at the end of useful life of a piece of equipment the city will have a pot of money they can use to replace that equipment, such as, cars or computers. Councilmember Taylor asked where Mr. Brisco got this information from. Mr. Brisco responded that there was a study done by Muni-Financial. Councilmember Taylor read page two of the proposal and asked staff if they obtained their information from the book "Adoption of Reserve Policy in California Cities" City Manager Chi responded yes Councilmember Taylor stated the book presents the results of interviews with 205 cities finance professionals and asked Mr. Chi if he knew how many cities are in California. City Manger Chi replied 460. Councilmember Taylor reiterated that Mr. Chi mentioned that the City was in good financial condition and added that two of the general funds rates talked about the equivalent in two to four months and one of those three cities took a more analytical approached; out of the 460 cities, we took information from those three cities to try and explain what we are doing. City Manager Chi responded that was not an accurate description of what staff did; staff references the book by Anita Lawrence, who is a well respected finance professional in government finance circles, and looked at all of the different ways other cities adopt and approve general fund reserve policies. He explained that currently the city has a big pot in the unallocated General Fund; best practices would be to allocate these funds for specific purposes. For example, if a car is needed, it makes more sense if you have one fund and then charge the department to pay it back to that fund. Councilmember Taylor asked when staff would be giving Council all those figures. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 16 of 22 • 0 City Manager Chi responded it would be done in the next budget cycle for 2008-2009. Councilmember Taylor asked Mr. Chi how much was allocated for the Capital Fund. City Manager Chi responded Capital Project Fund was well in excess of $10 million, which included the bridge which was big bulk of it. Also, explained that every year we don't know what our revenue will be and every year we make an estimate of what our total revenue will be depending on tax growth in the city. Councilmember Taylor asked Mr. Chi what the property tax in the City of Rosemead was. City Manager Chi explained that property tax is roughly 1.5 million dollars; property tax that is given to us in lieu of sales tax is roughly 1.2 million and property tax given to us in lieu of vehicle licenses is roughly 3 million. Councilmember Taylor indicated that 1.5 million dollars is a very small amount and that the Sheriff's department is over 5 million dollars. City Manager Chi also mentioned that the total operating budget is roughly 16 million dollars and of that 16 million, an appropriate operating reserve is 31 percent, which roughly equates to 5 million. Councilmember Taylor objected because staff has not given enough information. City Manager Chi indicated staff felt it was still premature to commit to any figures without making any analysis first. Mr. Chi explained staff is not asking to adopt the reserve policy to spend the rest of the allocated money but rather is stating that we need to provide definition into how our reserve funds are being utilized; this will be the first in several steps that will be brought to council for approval that will improve our fiscal position. 119. Councilmember Low commented it was important to set aside a percentage of the budget on reserve in case we do not receive sale tax; the rest of the reserve usually goes in purchasing, equipment, and a capital fund. She stated that staff is not spending the money but rather putting it in three different buckets. Councilmember Clark asked what staff had done regarding the unfunded liabilities for retirement City Manager Chi stated that staff had met with a PARS representative and went over retirement cost and how benefit changes will impact our other post benefits. Mr. Chi explained that the cost was cut down by 75-80 percent and potentially even more. He added that this has impacted the budget dramatically in a positive way. Councilmember Low asked Mr. Chi if the amounts going in these funds would be approved on a future council meeting and if the council was not comfortable with the figures if there would be flexibility to change them. City Manager Chi assured her there would be. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 17 of 22 • Mayor Pro Tern Nunez stated that what staff was trying to do was set up a procedure to make sure we put money aside and the right dollar amount aside and agreed this was a good step to identify the amounts in the reserves. Councilmember Clark stated she did not like the idea of not having dollar amounts because it sounded like those funds would be flexible during the budget and stated she could not vote on this tonight because the buckets were not established. Councilmember Low stated that at this time we are only approving to allow staff to work on what monies will be put on the reserve funds. City Manager Chi stated yes and no; the reserve rate that we are discussing for operations is set at 31.21 percent, the other two buckets or funds, those amounts will be determined by the budget cycle. Mayor Pro Tern Nunez added it was a good percent to have for the policy. Councilmember Taylor reiterated on his earlier comments about good financial shape and felt any savings in the funds would be spent quickly. Mr. Taylor stated that there was a year worth of reserve for any needs that may come about and asked staff if they remembered they (Federal Government) wanted to cut off Community Block Grants a year and a half ago. City Manager Chi replied that every year they try to modify it. Councilmember Taylor asked how much the city gets in those funds. City Manager Chi replied roughly 4 to 5 million dollars a year and it is used for city improvements Councilmember Low explained that if Rosemead was kept beautiful then the use of those grants would not be needed. Councilmember Clark asked what about the needs of People for People, RYA, and other community groups. Mayor Pro Tem Nunez stated that was the reason why we would always have a need and why we fight for the CDBG money. Councilmember Taylor stated that the City kept one year in reserve and now that one year reserve was going to be cut down to 2 to 4 months. Councilmember Low explained the reserve funds would not be cut down but instead be put into the different reserve funds. She explained that currently the money comes out of the general fund and what staff was trying to do was allocated that same money in three different buckets. Mayor Tran clarified this policy identifies the-three buckets and that every year council will get a list of the capital improvements. Councilmember Clark indicated her problem was that they haven't earmarked those funds. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 18 of 22 Councilmember Low reiterated as to how the funds would be set in three different funds. Mayor Tran stated he trusts how staff worked diligently on this and came up with the right percentage and calculations for the city. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve the recommendation. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None City Manager Chi assured Council that staff will bring this policy back as part of the budget process. City Manager Chi introduced new Liaison Sergeant Michael Oshea to the community and thanked Sergeant Tri Hoang for his service. 6. MATTERS FROM MAYOR & CITY COUNCIL A. 9654 Valley Boulevard - Vacant Gas Station Councilmember Gary Taylor has requested that the property located at 9654 Valley Boulevard (vacant gas station) be agendized for discussion. Attached to this staff report is a copy of all information that the City has gathered about the property and provided to the various property owners to date including a notice of violation and an authorization to allow the Los Angeles County Sheriffs Department to arrest for trespassing. Also attached are pictures of the debris in an around the building for the City Council's review. Recommendation: That the City Council provide direction with regard to future code enforcement action for this property.. Councilmember Taylor commented that Brian Lewin has brought this issue many times to Council's attention. Brian Lewin, 9501 E. Ralph Street, stated he had brought it to council's attention on various occasions; after recall election and that he had also spoken to public safety employees. Councilmember Taylor described the inside of the gas station was a total disaster and explained this had been an on going item for at least six months. Mr. Lewin stated he just wanted to hear what was going to be said on this issue and maybe see if he had something to add to that. Councilmember Taylor told Mr. Lewin if he'd go back to minutes of a month ago, he'd see that he had been told that the owner to this property could not be found. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 19 of 22 City Manager Chi replied that the owner of the vacant gas station has been difficult to contact and that there is a caretaker that the property owner designated. Councilmember Taylor asked who the owner was and where they were. City Manager Chi replied the owner is an absentee land owner that lives in San Marino and is currently traveling. Councilmember Taylor asked that staff go back and take a look at the City's Ordinance regarding this lot. City Manager Chi stated the ordinance will not take effect until January 11th, which is 30 days after second reading. He added there are three properties that the city is planning on abiding; this being one of them, the vacant gas station on the northeast comer of Valley, and the property located on the corner of Garvey and San Gabriel. Councilmember Taylor asked what the problem was with the property on Valley Boulevard. City Manager Chi replied that the property has not been kept and added that staff has been trying to contact the property owner of the third property; staff has been working with them for the last 3 months. Councilmember Taylor asked if there were pictures of that property. Assistant City Manager Saeki stated he could not assure him of that; however, it is policy to have staff take pictures of the property for every code enforcement case because once the problem has been identified the property owners will not let staff in the property a second time. Councilmember Taylor asked staff for background information on all three properties. Mr. Lewin added it was after September or October of 2006 when he came to council and mentioned that site, the site across the street, and former stereo house. Councilmember Taylor commented that the property has not been consistently bad; they cut the brush the first time, the second time they took the brush and placed it in the back and it's been in the back for three months; before that property has been fairly clean; the point is that now a property owner has been found. Mayor Tran clarified, as specified on the reports, as soon as Mr. Lewin brought this matter to the attention of Council staff has been working on the issue. City Manager Chi replied that was correct. Mayor Tran stated there would be no action taken by Council. B. City of Rosemead Employee Handbook Councilmember Taylor has requested that the City of Rosemead Employee Handbook be agendized for discussion. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 20 of 22 Councilmember Taylor asked what the policy in distributing the employee handbook was. City Manager Chi explained that each new hire receives a copy of the handbook as part of their employment packet, which also includes a sheet to have them sign to acknowledge the receipt of said handbook. He also added that other employees who were given the handbook after the policy was put in place also signed a form that indicates they have received a handbook and all those documents are placed in the employee's personnel file. Councilmember Taylor asked when the employee handbook was revised. City Manager Chi replied there is only one version of the handbook, which was written in 2004. Councilmember Taylor asked newly appointed City Clerk Gloria Molleda if she had obtained an employee handbook. City Clerk Molleda replied she had not because her employment was not effective until tonight. Councilmember Taylor asked how many employees in city hall are not getting a paycheck directly from the city. City Manager Chi replied the building and engineering section. Councilmember Taylor asked how the people who are not paid directly by the city get their sexual harassment training. City Manager Chi replied through their employer. City Attorney Bonny Garcia stated the law requires mandatory sexual harassment training for employers to provide to their employees; the law also presumes that people comply with the law. Councilmember Taylor asked what the state laws say on that. City Attorney Garcia replied state law requires employers to provide mandatory training to all personnel. Councilmember Taylor asked how often supervisors have to reinforce that program. Assistant City Manager Hawkesworth replied every two years; every supervisor and manager needs to go to training. Councilmember Taylor asked Councilmember Low if she had a copy of the handbook. Councilmember Low replied she did. City Manager Chi responded staff was going to check if Council has received the handbook. Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 21 of 22 9 • Councilmember Clark commented that in the last meeting Ms. Shinen stated she gave a letter of commendation for Nina Castruita and Mr. Chi had stated said letter was placed in Ms. Castruita's personnel file; she would like verification of that statement. Secondly, Ms. Clark mentioned looking through some publications on concrete where it actually looks like concrete but it allows the water to infiltrate; she would like to see staff incorporate that into the recommendations. Mayor Pro Tem Nunez stated that when he went to a conference they spoke a lot about that green cement. Councilmember Clark requested that when the stop sign on Jackson Street is taken out; since drivers have gotten used to the stop sign; staff implement a temporary flash light to have cars stop; once stop sign is gone, people don't have to stop. City Manager Chi stated they would install a traffic directional sign and assured her staff would come up with a solution. 7. ADJOURNMENT The meeting adjourned at 9:38 p.m. The next regular City Council meeting is scheduled to take place on January 22, 2008 at 7:00 p.m. Respectfully submitted: Gloria Molleda CITY CLERK Approved: J n Tran AYOR Rosemead City Council Minutes Regular Meeting: January 8, 2008 Page 22 of 22