CC - Item 3A - Minutes 03-25-08MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
March 25, 2008
The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:01 p.m. in the
Rosemead Community Recreation center, 3936 N. Muscatel Avenue Rosemead California. The pledge to
the flag was led by Mayor Pro Tern Nunez. The invocation was delivered by Mayor Tran.
ROLL CALL OF OFFICERS:
Present: Councilmember's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran
Absent: None
Mayor announced the Closed Session items would be moved to the end of the meeting.
2. PRESENTATION
A. Proclamation - Safe Communities Month
City Manager Chi presented the Safe Communities Proclamation to Sergeant Michael Oshea.
B. Vietnamese Culture House Presentation to the City - In Appreciation of the Rosemead's
Partnership to Display the Vietnamese Freedom Boat
Madalena Lai thanked the Mayor and Council Members for having the Vietnamese Freedom Boat in the
City of Rosemead. She stated the Freedom Boat had been in 40 States and invited Council to attend their
ceremony when the Freedom Boat had visited all 50 States. (Made statement in Vietnamese)
Mayor Tran congratulated and thanked Ms. Lai and stated that the City of Rosemead will continue to
support the Vietnamese culture.
Council Member Clark stated she attended both celebrations and was extremely impressed with the
displays of people's testimony of what they had gone through; thanked Ms. Lai.
Council Member Low thanked Ms. Lai for sharing the experience with everyone and stated it was very
informational and educational for all the youngsters.
Mayor Pro Tern Nunez thanked the organization for acknowledging the hardship of the people. Stated that
as a Vietnam Veteran he saw the journey the people had to go through and appreciated everything they did
for the Veterans of the United States; without their help the journey would have been a lot more unsafe and
we would have lost a lot more lives.
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Council Member Taylor stated he did not get to seethe festivities. He shared a storyregarding his
daughter in law; her parents had to escape out of Vietnam on a wooded boat and were not rescued until
five days later when the U.S. Navy picked them up.
C. Recognition of Service - Mayor John Tran
City Manager Chi presented an outgoing plaque to Mayor John Tran on behalf of the City Council in
recognition and appreciation for an outstanding service as Mayor of Rosemead.
Council Member Low stated she had worked with Mr. Tran this year and was very impressed and pleased
with his performance; he is very fair and he is a great leader for the City, thanked Mr. Tran.
The following speakers congratulated Mayor Tran and presented plaques as well.
• Captain Richard Shaw, Sheriffs Department - Temple City
• Alicia M. Chavez, representative of U.S. House of Representatives
• Monica Aleman, representative of Assemblymember Mike Eng
• Henry Lo, representative of Senator's Office - Gloria Romero
• Jorge Morales, representative of Supervisor Gloria Molina
• Fred Moscorro, Rosemead School District
• Ruth Bourne, Director of Rosemead Chamber of Commerce
• Marissa Castro-Salvati, Southern California Edison Company
Mayor Tran thanked his colleagues for allowing him the opportunity to serve as Mayor for the City; this has
been a challenging year for the City and hoped it continues to progress in a positive direction; thanked
residents for electing him and allowing him to serve. Thanked the organizations that were there for
allowing him to serve.
3. CITY COUNCIL REORGANIZATION
This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively.
A. Appointment of Mayor - City Clerk Presiding
Mayor Tran nominated Mayor Pro Tern Nunez to serve as Mayor.
Mayor Pro Tern Nunez stated he would like to make another nomination to have Mayor Tran reappointed.
He stated he wanted to make sure he wasn't distracted by some things that are going on in the City.
Council Member Low stated that after hearing the applauses she would like to second the motion to have
Mr. Tran reappointed as Mayor. Vote resulted:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Absent: None
Abstain: None
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B. Appointment of Mayor Pro Tern - Newly appointed Mayor Presiding
Council Member Low nominated Mr. Nunez as the Mayor Pro Tem, second by Mayor Tran. Vote
resulted:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Absent: None
Abstain: None
Mayor Tran thanked his colleagues and the residents of Rosemead for allowing him to serve as the Mayor
of the City of Rosemead.
C. Mayor's Committee Appointments for 2008-2009
Council Member Clark requested she continue to serve as the alternate in the Sanitation District. Because
the 15 cities in District 15 elected me to be the chair which puts me in the Personnel Committee that makes
the decisions for the Sanitation District, sewer, and trash.
Council Member Taylor made motion, second by Council Member Clark to have Ms. Clark serve as
the alternate in the Sanitation District Committee.
Mayor Tran made a substitute motion, second by Council Member Low to have John Nunez serve
as the alternate in the Sanitation District Committee. Vote resulted:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Absent: None
Abstain: None
Mayor Tran made motion, second by Council Member Low to have Mayor Pro Tern Nunez serve in
the following committees as follows:
• Delegate for the League of California Cities;
• Delegate for the California Contract Cities;
• Delegate for the SGV Council of Government;
• Delegate for the S. California JPIA;
• Alternate for the City Selection; and
• Delegate for the Southern California Association of Governments.
Vote resulted:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
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Mayor Pro Tern Nunez made motion, second by Council Member Low to have the following Mayor's
appointments approved:
• Margaret Clark Alternate for the League of California Cities;
• Polly Low Alternate for the California Contract Cities Association;
• John Nunez Delegate, Margaret Clark Alternate for the League of Cities Legislative Delegate
Program;
• John Tran Alternate for the SGV Council of Governments;
• Gary Taylor Alternate for the S. California JPIA;
• Margaret Clark Delegate, John Nunez Alternate for the Coalition for Practical Regulation;
• Polly Low Delegate, John Nunez Alternate for the WSGV Planning Committee;
• Polly Low Delegate for the City Selection Committee;
• Margaret Clark Delegate, John Tran Alternate for the LA Area Integrated Waste Management
Authority;
• John Nunez Delegate Margaret Clark Alternate for the Upper SGV Water District;
• Polly Low Delegate, John Nunez for the Oversight Committee; and
• Bob Bruesch Delegate for the SGV Mosquito & Vector Control District.
Vote resulted:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
4. PUBLIC COMMENT FROM THE AUDIENCE
Jim Flournoy, 8665 Landis View, stated Mr. Tran was doing a good job as Mayor. Stated we have two
commissions, the Planning Commission and the Traffic Commission; asked how the items that the public
and commission want on the agenda actually get on the agenda.
Barbara Murphy, 9125 Bentel Street, stated she could not be happier that Mayor Tran was Mayor again;
she has worked with him on projects and he is tireless. Also spoke regarding the yard sale the City is
sponsoring. Briefly gave an overview of event for audience that did not know about it and passed out
flyers.
Mayor Pro Tern Nunez stated he wanted to recognize that a couple of weeks ago as he was watching the
show "Two and a Half Men" they mention our "Oktoberfesf' on their show.
5. CONSENT CALENDAR
A. Minutes
January 22, 2008 - Regular Meeting
February 12, 2008 - Regular Meeting
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B. Resolution No. 2008-17 Claims and Demands
Recommendation: Adopt Resolution No. 2008 -17, for payment of City expenditures in
the amount of $1,016,550.91 numbered 59115 through 59153 and 61868 through 61984.
C. Resolution No. 2008-20 Claims and Demands
Recommendation: Adopt Resolution No. 2008 - 20, for payment of City expenditures in
the amount of $2,816,612.82 numbered 59154 through 59197 and 61985 through 62123.
D. Authorization to Attend the Government Finance Officer's Association (GFOA) 2008
Annual Conference June 15-18, 2008
The 2008 GFOA annual conference will include training from the following categories:
Accounting, Auditing and Financial Reporting, Budgeting and Financial Planning, Cash
Management and Investing, Debt Management and Policy, Pension and Benefits as well
as Technology and Digital Government.
Recommendation: That the City Council authorize attendance at the GFOA annual
conference by the Finance Director and the Finance Manager.
E. Approval of Extension to License Agreement with the Rosemead Youth Association
for the Use of the Garvey Park Snack Bar
On January 22, 2008, City Council approved a License Agreement with Rosemead Youth
Association (RYA) for use of the Garvey Park Snack Bar from February 1, 2008 through
August 1, 2008, as a means of fundraising for the league. RYA is now requesting an
extension of that agreement for the period of July 2, 2008 through September 30, 2008.
Recommendation: That the City Council approve the extension for Rosemead Youth
Association to operate the Snack Bar at Garvey Park for the requested term and the Mayor
be authorized to execute the attached License Agreement.
Applicant Request for Extended Use of Garvey Center
An applicant has requested the use of Garvey Center for a private function until midnight
on May 31, 2008.
Recommendation: That the City Council approve the extended use until midnight with all
music to cease by 11:00 p.m.
G. Acceptance of Installation of Traffic Signals at Del Mar Avenue and Highcliff Avenue
and at Graves Avenue and Jackson Avenue
The reference project has been constructed in conformance with the approved plans and
specifications and is ready for acceptance of work.
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Recommendation: That the City Council accept the above referenced project, authorize
the recordation of Notice of Completion by the City Clerk; and authorize the release of the
10 percent retention payment 35 days after the recorded date of the Notice of Completion.
H. Release of Bond - Tract Map 62269
7931.7945 Whitmore Street
A Faithful Performance Bond of $55,000 and a Labor and Material Bond of $27,500 were
required to guarantee construction of street, storm drain, and sewer improvements for
Tract Map 62269.
Recommendation: That the City Council accept the public improvements and release the
Bonds.
Release of Bond - Tract Map 26259
8925.29 Beatrice Place
A Faithful Performance Bond and a Labor and Material Bond in an amount of $5,600 and
$2,800, respectively, were required to guarantee construction of new driveway
approaches, curb and gutter, sidewalk, AC pavement, and sewer laterals for Tract Map
26259.
Recommendation: That the City Council accept the public improvements and release the
Bonds.
J. Approval of Undertaking Agreement for Parcel Map 69105
7617 Graves Avenue
In accordance with the Conditions of Approval for Tentative Parcel Map No..69105
approved by the Rosemead Planning Commission on August 6, 2007, the subdivider is
required to construct a new driveway approach, a sewer lateral, parkway drains and plan a
parkway tree prior to recordation of the final map. The undertaking agreement guarantees
completion of the public improvements.
Recommendation: That the City Council approve the Undertaking Agreement for the
completion of public improvements.
K. ICMA Deferred Compensation 401 (a) Program
The City currently offers an employer funded deferred compensation program as part of
the Memorandum of Understanding (MOU) that was approved for the fiscal year 2007-
2008, however, the City does not currently have a deferred compensation plan for such
contributions. The approval of a 401 (a) plan would allow for such contributions without
affecting each employee's ability to voluntarily contribute to the existing 457 plan.
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Recommendation: That the City Council adopt Resolution No. 2008-16 implementing an
ICMA 401 (a) Retirement Plan, approve the Administrative Services Agreement with ICMA,
and authorize the City Manager to execute any additional documents involved with the
plan implementation.
L. Virginia Street Storm Drain Miscellaneous Transfer Drain No. 1752; Strom Drain
Transfer to Los Angeles County for Maintenance - Resolution No. 2008.19
Presented for Council's consideration is a resolution to transfer Miscellaneous Transfer
Drain (MTD) No. 1752 (Virginia Street, from Virginia Street east end to Strathmore Avenue;
Strathmore Avenue to Garvey Avenue) to Los Angeles County Flood Control District for
operation and maintenance.
Recommendation: That the City Council adopt Resolution No. 2008-19 requesting the
Los Angeles County Board of Supervisor to accept the transfer of MTD 1752 for operation
and maintenance, and authorize the transfer and conveyance of the drain.
M. Legislative Position Against AB 2640
Greg Nordbak of Consolidated'Disposal Service requested the City's formal opposition to
Assembly Bill 2640. Currently legislation enables cities to promote green waste programs
and receive diversion credits. AB 2640 would end diversion credits for recycled green
waste.
Recommendation: That the City Council authorize staff to send a letter to local
legislators expressing our opposition to AB 2640.
Council Member Taylor made motion, second by Mayor Pro Tern Nunez to approve Consent
Calendar and its recommendations. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
6. MATTERS FROM CITY MANAGER 8 STAFF
A. Community Development Block Grant Annual Action Plan for Fiscal Year 2008.09
On February 12, 2008, the City Council conducted a public hearing on the City's Annual
Action Plan for the period of July 1, 2008 - June 30, 2009. An Annual Action Plan is
required by the U.S. Department of Housing and Urban Development (HUD) in order for
the City to receive federal funds under the Community Development Block Grant (CDBG)
and HOME Investment Partnership (HOME) programs. The Annual Action Plan includes
the proposed activities, resources and expenditures for the CDBG and HOME programs.
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Five organizations (Family Counseling Services, People for People, Rosemead High
School, Rosemead School District, and Southern California Housing Rights Center) made
presentations at the public hearing. One other organization, Morrison Health Care (Senior
Nutrition Provider), submitted a funding request and was scheduled to have a
representative present, however was unable to attend.
A summary of staff-endorsed projects has now been prepared based on the funding
requests and ongoing CDBG and HOME funded activities.
Recommendation: That the City Council review and finalize its CDBG and HOME
funding recommendations under the City's Annual Action Plan for the Fiscal Year 2008-09.
City Manager Chi gave a brief review of staff report and asked Economic Development Administrator
Michelle Ramirez to give her presentation.
Economic Development Administrator Michelle Ramirez reviewed the staff report; it has been confirm that
the City of Rosemead will receive $1,130,485.00 in CDBG funds and $496,123.00 in HOME funds for 2008-
2009 fiscal year, when combined with carryover funds of $790,000.00 and anticipated program income of
$25,000.00 CDBG and carryover funds of $1,712,682.00 in HOME, the City will have a total of
approximately $1,953,481 of CDBG funds available and $2,208,805.00 in HOME funds available for the
2008-2009 year. At this time it is recommended that City Council review and finalize CDBG and HOME
fund allocations and the City's Annual Action Plan; once this is completed this will be brought back for a
Public Hearing and final City Council approval.
City Manager Chi commended Assistant City Manager Brain Saeki and Economic Development
Administrator Michelle Ramirez for getting the CDBG and HOME funded programs 100% in compliance
with the Federal Government.
Council Member Low asked staff to explain why the City was not in compliance.
Ms. Ramirez responded the last fiscal year the City was out of compliance because the City did not spend
enough money; there was too much funding available.
Council Member Low asked if the City needed to spend for city improvements.
Ms. Ramirez stated that was correct; specifically for low and moderate income activities.
Council Member Low stated it was important for the City to get money and use these funds in a smart way
to ensure we can improve the community. Asked if there could be a process so that every mid-year the
programs can be looked at and ensure the money is being spent.
Ms. Ramirez stated that was not a problem and in fact they are reviewing the programs in a monthly basis.
Council Member Low stated she would like Council to see the status every six months.
City Manager Chi responded sure.
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Mayor Tran asked on the three organizations; what was their requested increase and why can't the City
fund them.
Ms. Ramirez responded People for People is currently funded at $27,600.00 they asked for an increase of
$28,923.00; Rosemead School District is currently funded at $11,698.00 there new request is $12,000.00;
Rosemead High School is currently funded at $13,650.00 and their new request is $14,560.00.
Unfortunately with the CDBC program there is a requirement that no more than the 15% of the funds are
spent in Social Services Programs; with the increases we would go over that 15%.
Council Member Taylor stated Council had this discussion and that we were cut back approximately 70 and
that is why they had to come back with some reduced amounts.
Ms. Ramirez stated that was correct.
Mayor Tran asked if there was a way the City could fund or get some kind of grant for the additional
amounts requested to help fund these programs.
Ms. Ramirez stated that if the City would do that it might cause some problems with the CDBG Funding.
Mayor Pro Tern Nunez suggested looking at those options during the public session and maybe getting
some funding for that through some slot.
Council Member Taylor asked Mr. Ramirez to put in writing what she had just stated about taking other
public money and putting it in CDBG grant money; the Federal Government is going to challenge that the
City no longer qualifies for these funds.
Ms. Ramirez stated the way the regulations work, when you use CDBG funds they are (inaudible)
organizations that can not be funded through others.
Council Member Taylor asked Ms. Ramirez to please put that in writing and give it to Council.
Council Member Taylor made a motion, second by Councilmember Clark to accept staff
recommendation. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
B. Garvey Avenue Resurfacing Project
The City's Pavement Management System study shows that Garvey Avenue from the west
city limit to San Gabriel Boulevard is in need of resurfacing. The Engineer's estimated cost
for the construction of the project including construction management is approximately
$910,000. The cost for the preparation of the plans and specifications for the project is
approximately $60,000.
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Recommendation: That the City Council approve an amendment to the FY 2007-2008
CIP Program to include the Garvey Avenue Resurfacing Project and adopt Resolution No.
2008-18 appropriating the necessary funds to construct the project.
Council Member Taylor made a motion, second by Councilmember Clark to accept staff
recommendation. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Award of Contract for City Transit Services
On November 20, 2007, the City Council approved specifications for transportation
services and authorized staff to solicit bids from seven qualified transit service providers.
As part of the new contract award, the selected vendor will provide the City with new
vehicles for transit services, the ability to provide alternative fuels and reduce vehicle
emissions, improved marketing and outreach, and access to new technologies in the
transit services industry. The proposed contract will begin on September 1, 2008.
Recommendation: That the City Council approve the terms and award a four year ten
month agreement with Southland Transit, Inc., September 1, 2008 through June 30, 2013
to provide transit services in the City of Rosemead.
Pat McNiff, First Transit, stated he had come here with two purposes; first to thank Council for giving them
the opportunity to provide the City with transit services, shuttles, and dial-a-ride services. Asked Council to
allow them the opportunity to continue their contract, otherwise, thanked them for the 12 years.
Dave Daley, Southland Transit, Inc., stated they were a very proud Southern California firm with corporate
headquarters located about two miles away in the City of El Monte. Employ about 1000 people in Southern
California, 10 dial a rides, went through competition in good faith. Came out as winners because we
provide better service plan and hoped Council took staffs recommendation.
Jim Flournoy, 8665 Landis View, stated he wanted to complement staff for their great work on this and
stated it was good to have staff on top of these things.
Council Member Taylor made a motion, second by Mayor Pro Tern Nunez to accept staff
recommendation. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
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D. City Council Chambers Renovation - Funding Amendment
On January 12, 2008, the City Council approved a construction contract with Caltech
Construction for renovating the Council Chambers. As approved by general counsel, the
entire project was budgeted in the Rosemead Community Development Commission's
(RCDC) Special Projects budget using tax exempt bond funds as the funding source.
However, bond counsel recently advised that use of bond funds for City Hall renovations is
not allowable. Therefore, it is necessary to shift some of the costs of renovation from
RCDC to the City. Resolution No. 2008-21 authorizes an appropriation increase in the
General Fund for renovations to Council Chambers.
Recommendation: That the City Council accept the early repayment of $433,000 from
RCDC and approve Resolution No. 2008-21 appropriating $433,000 in the General Fund.
Council Member Taylor made a motion, second by Council Member Low to accept staff
recommendation. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
7. MATTERS FROM MAYOR & CITY COUNCIL
A. Request for Information Regarding City Attorney Bills
Councilmember Taylor has requested that the City Council engage in discussion regarding
the City Attorney's bills and billing practices. In addition to that request, Councilmember
Taylor has specifically asked the City Council to consider the following matters:
• The time frame in which the City Attorney submits bills for payment to the City.
• Disclosure of billing practices to the City Council as it relates to the Grand Jury
Referral case.
Jim Flournoy, 8665 Landis View, stated regarding attorney bills staff should be encourage to contact the
City Attorney; on handbook, hoped this was being resolve.
Council Member Taylor stated he had asked for a billing amount; at the last meeting he had stated he did
not want to see details. It has been four months since and asked what the reason was for Council not
receiving those amounts.
City Attorney Bonifacio Garcia responded his office had a billing problem; had a situation that started in
November where the computer system would charge the City a higher amount than the $30,000.00 cap.
Finally submitted the November bill to City Manager and now that the problem is fixed he would submit all
bills through February.
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Council Member Taylor stated it had been several weeks ago since the City Manager had given Council a
memo which stated "attached for your review is a copy of our latest bill for legal work rendered by our City
Attorney to services us through the end of November. The City Attorney has requested we notify the City
Council that Council Member Taylor will not be allowed to review details...." Mr. Taylor asked if it was
understood that he didn't get the details of the bill.
City Attorney Garcia stated that was correct.
Council Member Taylor stated the reason was because of a referral to the Grand Jury. Mr. Nunez wanted
to sensor me in the last meeting; he read statue 14963 of the Brown Act, regarding discloser information in
Closed Session; also read Section 154957 of the Brown Act. Mr. Taylor stated his reason for bring that in
public was because he thought the employee was being treated unfairly; had an obligation to protect that
employee and other employees. Stated he had finally received the notes from the attorney and now he can
take them to the Grand Jury. He concluded by saying he needed the billing as soon as he could get it.
B. Request for Personnel Handbook Verification Audit
Councilmember Taylor has requested that staff engage in an audit of City team member
personnel files in an effort to put together a listing of each team member name and the
date that they signed the receipt indicating their acceptance of the City's personnel
handbook.
Recommendation: That the City Council provide direction regarding Councilmember
Taylor's request for the audit.
Council Member Taylor stated he was not asking for the forms but rather verification; just getting the names
and the dates they received them.
City Manager Chi stated with the Council's consent staff would audit the personnel files and be glad to get
that information for Council.
Council Member Taylor responded to Mr. Chi he had already started that; you stated in your memo. Just
want to make sure this is going to be a complete issue; we will be able to say every employee was notified,
this Council will know, and there is not going to be another crack that someone is going to fall into.
C. Consideration of State of the City Clarification Letter
Mayor Tran has requested that the City Council consider directing staff to send a letter to
all residents clarifying that the Rosemead Partners event held on March 191h, which was
marketed as "Rosemead's Inaugural State of the City Address", was not an official City
sponsored event.
In addition, Mayor Tran,has submitted documents distributed by Rosemead Partners
regarding the event for the City Council to consider when discussing this issue. As part of
this discussion, Mayor Tran also would like the City Council to consider partnering with the
Chamber of Commerce to host an official Rosemead State of the City Address.
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Mayor Tran stated he had asked for this item to be put on the agenda for clarification; postcard was sent by
Rosemead Partners. Read from postcard, "Dear Friends, Council Member Margaret Maggie Clark would
like to invite you Rosemead's Inaugural State of the City Address to be held at 7:00 p.m. on Wednesday,
March 19th at the Rosemead Recreation Center, we are expecting 200 Rosemead residents....."
Addressed another postcard that was sent out and basically said the same thing, where it states that
Rosemead Partners was having an Inaugural State of the City Address. Mr. Tran stated he had a problem
with that; he stated he thought anyone is allowed to have a political meeting but not under the pressings of
Rosemead's Inaugural State of the City Address. He stated this was false advertising, misleading, and was
misrepresenting the community and the City by stating the City Council was giving the address. Received
calls regarding this and people were under the impression the City had something to do with this.
Council Member Taylor asked to make a comment. Stated there were 4'x5' banners through out the center
stating this was not an official State of the City; asked who had put those banners up.
Mayor Tran stated he had asked staff to do that. He added only about 85 people had attended the meeting
and asked what about the thousands of people that received the letter.
Council Member Taylor told the Mayor that he could call his official state of the city any time he wanted.
Mayor Tran responded he was disappointed with Mr. Taylor; if Rosemead Partners would have said this is
a Rosemead Partners (inaudible) highlighting State of the City Address but they called it Rosemead
Inaugural State of the City Address; had a lot of neighbors that were confused and said they were asking
them for money. It is a political fund raiser under the pretense of an Official State of Address.
Council Member Taylor stated Ms. Clark had the right to send a notice to the residents whether Council
agrees with it or not.
Mayor Tran responded he thought Mr. Taylor was missing the point.
Council Member Taylor told Mr. Tran to send his letter.
Council Member Low stated she was very disappointed and very upset. Thought it was ridiculous that
someone could send out something that is very deceiving; they could have just sent out something that
stated this was. a political event. Rosemead Partners should just say they are a political group and they are
supporting Ms. Clark. Asked why Ms. Clark did not come out and say she was having a fund raiser. Why
not be truthful and not hide behind Rosemead Partners. Asked when was the last time Rosemead had an
Inaugural State of the City Address; Ms. Clark has been in office almost 18 years and Mr. Taylor almost 30
years. This is misleading and it is cheating the residents; this is disrespectful to the residents.
Council Member Taylor stated Ms. Low was at the meeting.
Council Member Low stated she was there because she wanted to hear the concerns of the people; but
stated she did not agree with the flyer that was sent out. Stated she did not speak at the meeting because
it was there meeting; however, she respected them.
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Council Member Taylor asked how many people stood up that day and thanked Ms. Clark for sending that
letter.
Council Member Low stated it was fine she sends cards out and informs the residents with her own writing
and state she disagrees with the direction of the City.
Council Member Taylor stated Ms. Clark had sent out three other postcards before that and she was sent
to the Grand Jury.
Mayor Tran responded this stated "Inaugural State of the City Address"
Council Member Low stated she had a real problem with an elected official sending out things with
information that is not 100% correct. "I for one, as an elected official, have the responsibility to tell the
residents the truth, the whole truth and nothing but the truth..." Also addressed the postcard sent out by
Ms. Clark stating Mayor Tran would not let residents speak at the Council Meeting, which was also
misleading. Asked if that was fair to Mr. Tran because Ms. Clark had assumed such statement; and asked
if any retraction had been made after Matt had said he had previously misspoken.
Council Member Clark responded that on that particular statement, that was exactly what Matt had stated
Council speaking at once (inaudible).
Council Member Clark stated she thought it was insulting for the residents of Rosemead to say they cannot
tell the difference between a group that is holding something and an official City of Rosemead; she stated
she has seen it in the past where other cities where campaigns use the city's seal and that's wrong; this
postcard did not have the City seal. Secondly, she stated she had not sent the letters out and was
offended that this was an issue. Again it is insulting to the residents to say they can't tell the difference.
Council Member Low stated that maybe there were people at the meeting who did know the difference but
asked what about the people who did not; do we not care about them?
Council Member Clark stated if they would have come to the meeting they would have seen the two large
signs outside the center stating the City was not involve.
Council Member Low asked what about the residents that had to be at work and could not attend the
meeting; do we care about them.
Mayor Tran stated that now in putting out this clarification letter the City was going to have to spend tax
payer's dollars because of Ms. Clark's misrepresentation of City Council.
Council Member Low asked Ms. Clark if she knew about the letter at all.
Council Member Clark stated she knew they were going to send something out.
Council Member Low asked Ms. Clark if she saw the letter before it was sent out.
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Council Member Clark stated she did not proof read the letter.
Council Member Low reiterated her question about Ms. Clark seeing the letter before having it go out.
Mayor Pro Tern Nunez stated he agreed to have this clarification letter sent out and that the Mayor was
correct. A State of the City Address is usually reserve for the Mayor in collaboration with staff or maybe the
Chamber of Commerce, which is a non-profit organization that works with the City.
Council Member Clark stated it was not a fund raiser for her.
Council Member Low asked staff to identify Rosemead Partner in the clarification letter.
Mayor Pro Tem Nunez made motion, second by Low to have staff mail a State of the City
Clarification Letter: Vote resulted:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Abstain: None
Absent: None
Council Member Taylor asked for the status report of the traffic engineering study.
Assistant City Manager Brian Saeki responded staff was in the process of finalizing the contract and should
have it within the next week or two.
Council Member Taylor stated he needed the copy of Wal-Mart's filming permit, the fees that were paid,
and were it stated that the City provided the two Sheriffs. He also asked about the information he had
previously requested on the current week's payroll spreadsheet.
City Manager Chi responded he would get that for him.
Mayor Pro Tern Nunez asked that social security numbers not be provided on the spreadsheet or on any
other requests. Asked staff to obtain information regarding creating a Veteran's Committee.
Council recessed to closed session at 8:41 p.m.
1. CLOSED SESSION
A. Conference with Labor Negotiator
The City Council will recess to a closed session pursuant to Government Code Section
54957.6. Labor Negotiations
Negotiator for the City: Oliver Chi, Matt Hawkesworth, and Brian Saeki.
Employee Unit: Rosemead Employee Association
Rosemead City Council
Minutes of March 25, 2008
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B. Conference with Legal Counsel
Government Code 54956.9(c): Potential Litigation
2. Government Code 54956.9(c): Existing Litigation - James Irvine Flournoy v.
Building Official of the City of Rosemead, Mayor and City Council of Rosemead,
and elected body, Rosemead Community Redevelopment Agency, Willdan and
Associates, Arroyo Geotechnical, Wells Fargo Bank N.A., Panda Restaurant
Group
The Council reconvened back from closed session at 10:48 p.m. and Mayor Tran announced there was no
reportable action taken.
8. ADJOURNMENT
The meeting adjourned at 10:48 p.m. The next regular City Council meeting is scheduled to take place on
April 8, 2008 at 7:00 pm.
Respectfully submitted:
Gloria Molleda
City Clerk
Approved:
John Tran
Mayor
Rosemead City Council
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