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CC - Item 3B - Minutes 12-19-06 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL December 19, 2006 The regular meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:05 p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Tran. The invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Imperial, Tran, Mayor Pro Tern Nunez and Mayor Taylor Absent: None 1. PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez, residing at 2702 Del Mar Avenue, reminded the council about an - issue mentioned at a previous meeting, a buildirig at Del Mar and Garvey, which still has not been resolved. In addition he urged the City to remove a metal post with an unsafe protrusion at Garvalia and Jackson. Mayor Taylor asked City Manager Lazzaretto to check the intersection and report back. Kenneth Pike, residing at 1920 Steele St., inquired about an article in the paper which referenced the use of City property without authorization by a Councilmember. Mayor Taylor indicated this item would be discussed later on in the agenda and asked that Mr. Pike hold his comments until that time. Peggy Bauman, residing at 8305 Scenic Drive, South San Gabriel, inquired if overnight parking restrictions are still in effect at Wal-Mart. Mayor Taylor responded that overnight parking restrictions are still in effect and recommended that Sheriffs be called if violations are observed. Marlene Shinen, residing at 8447 Drayer Lane, South San Gabriel, discussed photos of Wal-Mart shopping carts she submitted on September 13, 2006. She asked Director Johnson if he remembered the picture and asked what steps he took to resolve the stray carts issue. Planning Director Johnson stated he did recall the pictures Ms. Shinen submitted and added that they have been working extensively with the contractor to insure the locking cart system flaws are worked out. CC M I N: 12-19-06 Page 1 of 45 Mayor Taylor asked how many shopping carts are in the store. Planning Director Johnson responded several hundred carts. Mayor Taylor estimated about 500 carts. Ms. Shinen then submitted seven photos for the record documenting stray shopping carts in various areas. She felt Planning Director Johnson had not resolved the shopping cart issue to her satisfaction. Mayor Taylor asked Planning Director Johnson if locking carts are being used at the site. Planning Director Johnson stated Wal-Mart is using locking carts. Mayor Taylor told Ms. Shinen the issue would be looked into. Ms. Shinen reported that stray shopping carts were on Delta, Rush, Walnut Grove and at the Beaches parking lot.. In addition, Ms. Shinen discussed a lawsuit she remembered submitting to the City Clerk on January 10, 2006 against Jay Imperial; she questioned why City Attorney Wallin indicated that lawsuit was never submitted. City Attorney Wallin clarified that the lawsuit had never been served. Ms. Shinen requested clarification on procedures to serve a lawsuit and indicated she had one to serve the City with. She asked the record show she submitted a lawsuit and she requested a receipt. City Attorney Wallin asked if she had a summons and stated for the record that Ms. Shinen gave him a document. Ms. Shinen requested a receipt, to avoid confusion as to whether or not the City had been served. City Attorney Wallin indicated that he had responded to her previously and indicated he would not further discuss this litigation at the moment and suggested she retain a lawyer to represent her. Ms. Shinen then spoke about several public records requests submitted to which she has not received a response to. Mayor Taylor asked the City Clerk for an update on the public records request. CCM I N: 12-19-06 Page 2 of 45 City Clerk Castruita responded that current requests are logged and compiled in a folder that was offered to Ms. Shinen about two days before. Ms. Castruita explained her request focused on compiling one year's worth of requests and staff is currently working on her request. Mayor Taylor asked the City Clerk make a list of what public record requests the office'has and give it to Ms. Shinen tomorrow. Ms. Shinen also spoke about the Brown Act Violation referenced in the Tribune. She read a letter to the editor about the violation and submitted a copy of the article for the record. Mayor Taylor responded that the Brown Act Violation issue is on-going; a letter was just received by the DA but has not yet been reviewed by the council. Velia Navarro, residing at 2239 N. Angelus Avenue, spoke about an item on the September 12, 2006 minutes. SECTION BELOW IS VERBATIM Velia Navarro: Yes, I have a question to ask the council. I was here on September 12, 2006, one day before the grand opening of. Wal-Mart. I had directed a question to you asking you if Wal-Mart was going to open September the 13" 2006. And I was told by you, Mr. Wallin and Mr. Imperial, that no, at some time on the 21 st or at the end of the week it would open, and that was not true. And I also wanted to know why my question, that I asked about Wal-Mart being the opening date being September 13th, 2006 were not put in the minutes. And I would like them to be verbatim. And everything that I say now, I hope does not get omitted from the minutes. Mayor Taylor: Alright Velia Navarro: Because I find it very important. That is very deceitful that, who ever was responsible to give the order to delete what I asked. If you're representing the community whether you agree with what I have to say or not every single word should be put down. And also, the question was, another question I asked, where are the trees for Rice elementary school? I don't see them as of yet. I don't see the sound barrier for the children there. I don't see it yet. When you turned around and asked Mr. Wallin that, was that in the planning? You know the gentlemen of the planning committee, I don't remember his name and the gentlemen's response was no, it was not in the planning. But that meeting at Rosemead High school that we stayed there till four o'clock in the morning, it was said that it was going to be put in, the wall and the trees. Mayor Taylor: The wall... where? CCM I N: 12-19-06 Page 3 of 45 Velia Navarro: Around Rice Elementary School. And as of yet I have not seen it and I just think that's poor management on the council's part, the ones that gave the permission for Wal-Mart to open on the 13`h rather than the 20th. And that is very deceitful; if you going to be representing me and the community you should be honest. As of yet, since this Wal-Mart issue, and it's not the issue of Wal-Mart now, Wal-Mart is there. (Interruptive sound from the audience) Velia Navarro addresses audience: You know I'm speaking, when you get a chance to come up and speak, I won't talk, ok. Mayor Taylor: Mr. Johnson, do you recall a condition stating the wall around Rice school? Planning Director Johnson: There was no such condition. Mayor Taylor: I don't recall it either, but we are going to go back and check it Ms. Navarro, because I hope, it wasn't there. Velia Navarro: Well I hope so and if you need help checking, I'd be glad to volunteer and help you. But like I said, you know, Ms. Clark sits there and never says anything. She's very photogenic - I saw ground breaking pictures of the Wal-Mart. Mayor Taylor: Alright, would you go on with your issue? Velia Navarro: Wait a minute. My issue is, you know, why didn't my questions not get put about the wall, the opening day or the trees. Councilmember Clark: Ms. Navarro... Veila Navarro: Why is it not put in the minutes and I don't think that's fair for anyone, everyone should be able to read every single person's questions that lives in Rosemead or that's surrounding. Councilmember Clark: Ms. Navarro... Velia Navarro: Yes ma'am Councilmember Clark: Ms. Navarro, We have the minutes on tonight's agenda and it says: "Velia Navarro residing at 2239 N. Angelus, questioned the opening date of Wal-Mart and also inquired on the sound wall and trees by Rice Elementary school to help eliminate pollution created by Wal-Mart. Planning Director Johnson indicated that no wall is planned for around the school." Ms. Navarro, oh Ms. CCMIN: 12-19-06 Page 4 of 45 - Velia Navarro: You must have the same notes as I have. Councilmember Clark: We need to correct that tonight before we approve it. Velia Navarro: You have the same papers that I have then? Councilmember Clark: Well, these are the minutes. Velia Navarro: Oh you have the minutes, I have them, right. Councilmember Clark: (Continues to read) "Ms. Navarro wants to know when to expect a report on revenue sales from Wal-Mart. Mayor Taylor replied that it would be based on annual sales so it would take one year of sales." Velia Navarro: Right. Councilmember Clark: So it did mention trees and a sound wall? Velia Navarro: Right. Councilmember Clark: And the opening date? Velia Navarro: Ok, but the minutes that I got didn't have them. So that's my concern. Councilmember Clark: Oh ok. Mayor Taylor: Any other? . Velia Navarro: No, I just want to make sure, I'll be put on today's minutes. Where I ask my question that I'm directing to.you:: Councilmember Tran: Ms. Navarro, all the minutes, we'll review the minutes, we'll review the tapes and we'll put the appropriate verbiage that you stated tonight on that evening. , Velia Navarro: Can I trust you to your word to what you're saying right now? Councilmember Tran: Absolutely Mayor Taylor: I'd like that comment in the minutes verbatim, what Mr. Tran just said, because it will come back. That's not a threat, it's just there's other documents, where they do not want these items verbatim. Councilmember Tran: It is a question, a request from a resident; I'm honoring a request that is CCMIN: 12-19-06 Page 5 of 45 Mayor Taylor: I appreciate that, I do appreciate that. Velia Navarro: So if it can't be done, let me know now. Be gentleman enough to tell me you know if it's not going to be put on or yes it's going to be put on. Mayor Taylor: What? Velia Navarro: What I said, the minutes from the September 12, 2006, verbatim what I said about the wall, about the trees which you're, you're denying. Mayor Taylor: No, I'm not denying. I'm very happy to put it in there because then we get a chance to respond back, Mr. Tran, in those same minutes what actually happened. Ok? Velia Navarro: Ok, that's fine Mayor Taylor: It was never stated that there would be a wall there. Velia Navarro: It did, I'm sorry you did. Mayor Taylor: Alright, we're going to put it in the minutes what you said and what's in the official record. Velia Navarro: Yup. Mayor Taylor: Alright thank you. Velia Navarro: Thank you. END VERBATIM SECTION Ms. Shinen spoke supporting Ms. Navarro's verbatim section request on the September 12, 2006.minutes. She felt Ms. Navarro's direct question regarding the date of the Wal-Mart opening along with the response given should have been included in the minutes. Ms. Shinen felt the minutes should reflect that both the Mayor and the City Attorney denied the store would open on September 13th when Ms. Navarro asked the direct question on Sep. 12, 2006. Mayor Taylor indicated staff would go back and check the minutes. Nancy Wilson, residing at 8049 E. Emerson Place, expressed appreciation for the sheriffs department. Ms. Wilson overheard a conversation discussing the elimination of the sheriffs department and wanted reassurance they would continue to serve Rosemead residents. CCMIN: 12-19-06 Page 6 of 45 Mayor Taylor responded that comments have been made but he didn't believe anything had been said to that effect. 2. PUBLIC HEARINGS A. Reduction of Minimum On-Site Parking Requirements for Fast-Food Restaurants The City's zoning ordinance currently requires a minimum of.one, on-site parking stall to be provided for every fifty (50) square feet of gross floor area for all fast food business. After analyzing this zoning ordinance, staff believes that the requirement has proven to be excessive. Based on a review and analysis of parking ratio requirements for fast food restaurants in surrounding communities, staff feels that it would be appropriate to change the existing zoning code to require one parking space for each 100 square feet of gross floor area for fast food restaurants. Recommendation: That the City Council waive further reading and introduce Ordinance 847, amending section 17.84.070 of the Rosemead Municipal Code relating to parking for fast food restaurant uses. Planning Director Johnson explained that current requirements mandate 1 parking stall for every 50 square feet of gross floor area. Staff felt this ratio is excessive and very difficult to achieve in small strip centers. In the past 10 years, 10 zone variances have been granted by the Planning Commission. A survey of seven surrounding communities revealed that a 1 to 100 ratio seems to be standard. Mayor Taylor opened the public hearing at 8:40 pm. Todd Kunioka, residing at 8400 Wells St, inquired about what the parking ratio was at the Mr. Baguette and McDonalds restaurant in town. Based on these comparisons, Mr. Kunioka stated he had no objection to the Ordinance. Mayor Taylor closed the public hearing at 8:44 pm. A MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY MAYOR PRO TEM NUNEZ to approve Ordinance 847 as recommended. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None CCM I N: 12-19-06 Page 7 of 45 The Mayor declared said motion duly carried and so ordered. 3. CONSENT CALENDAR (Items B,K,L were pulled from the Consent Calendar for separate consideration.) A. Resolution No. 2006-39 Claims and Demands Recommendation: Adopt Resolution No. 2006-39, for payment of City expenditures in the amount of $1,400,460.73 demands 55414 through 55640. C. Ordinance No. 846 Approving Zone Change 04-Changing the Zoning from "R-2 (Light Multiple Residential)" Zone to "P-D (Planned Development)" Zone, located. at 7621-7637 Garvelia Avenue Recommendation: That the City Council adopt Ordinance No. 846 on second reading. D. Ordinance No. 841 Setting City Council Salaries. Recommendation: That the City Council adopt Ordinance No. 841 on second reading. E. Parking Restrictions at 9335 Glendon Way A letter was received from a resident at 9331 Glendon Way, requesting assistance in providing a safe location for setting out receptacles so they do not block her driveway. The resident was concerned that if receptacles needed to be placed in front of the driveway, emergency vehicles could be impeded. -Installation of 10 feet of red curb adjacent to the driveway would provide a safe location for the receptacles. Recommendation: That the City Council approve the Traffic Commission's recommendation to install 10 feet of red curb from the driveway of 9331 Glendon Way easterly. F. Parking Restrictions on Stingle South of Garvey Avenue Staff received a request from the resident at 2743 Stingle Avenue to investigate his concerns regarding visibility of traffic on Stingle Avenue as he exits his driveway. He stated that trucks from the adjacent business to the north often block visibility and sometimes even access to the driveway itself. CCUlft 12-19-06 Page 8 of 45 Recommendation: That the City Council approve the Traffic Commission's recommendation to install 20 feet of red curb from the driveway of 2743 Stingle Avenue northerly. G. Parking Restrictions on Loma Avenue North of Valley Boulevard Staff received a concern from the business owner at 4012 Loma Avenue regarding vehicles parking for long periods of time adjacent to this business. The majority of the vehicles parked long term are from the auto repair business to the South (at 9227 Valley Boulevard). The business owner is concerned that the long-term parking affects his business and clients. Recommendation: That the City Council approve the Traffic Commission's recommendation to install "2 Hour Parking 9 AM to 6 PM, Except Sundays and Holidays" on the East side of Loma Avenue from Valley Boulevard north to the north property line of 4012 Loma Avenue. H. Engineering Proposal For Asphalt Concrete Overlay on Sullivan Avenue and Stingle Avenue. A street resurfacing project proposed on Sullivan Avenue (Garvey/Garrett) and on Stingle Avenue (Garvey/South End). Work will also include the repair of curb, gutter and sidewalk and installation of access curb ramps in compliance with the Americans with Disabilities Act. Funding for this project was made possible by the receipt of retroactive payments of Traffic Congestion Relief (TCR) funds from prior years subventions that had been withheld from local agencies'as a result of the recent State budget crisis. Recommendation: That the City Council approve the engineering proposal from Willdan and direct staff to begin the preparation of the necessary plans and specifications, and appropriate unappropriated TCR funds necessary for the project. 1. Appointment of City Representatives to the San Gabriel Valley Council of Governments Earlier this year, Councilmember Clark was appointed as the Governing Board Representative and Councilmember Nunez was appointed as the Alternate Governing Board Representative to the San Gabriel Valley Council of Governments (COG). Staff was recently informed by the COG that a resolution appointing Councilmember Clark and Councilmember Nunez must be adopted by the City Council to formally appoint both a representative and an alternate to the San Gabriel Valley Council of Governments Governing Board. CCMIN: 12-19-06 Page 9 of 45 Recommendation: That the City Council adopt Resolution No. 2006-40 J. 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 Councilmembers; 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. With the retirement of the former City Manager and Assistant City Manager it is necessary to remove their names as authorized signers and replace their names with the new City Manager and Deputy City Manager. Recommendation: That the City Council authorize City Manager, Andrew Lazzaretto and Deputy City Manager, Oliver Chi be named as signers on the various City of Rosemead Bank Accounts, replacing the names of the former City Manager and Assistant City Manager. MOTION WAS MADE BY COUNCILMEMBER TRAN, WITH A SECOND BY MAYOR PRO TEM NUNEZ to approve Consent Calendar items A, C,D,E,F,G,H,I,J. Vote resulted: Yes: Clark, Imperial, Nunez, Taylor, Tran No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. The minutes were deferred for review at the request of the following: Mayor Taylor (October 11, 2005), Councilmember Tran (September 12, 2006) and Councilmember Clark (November 28, 2006). B. Minutes October 11, 2005 - Study Session September 12, 2006 - Regular Meeting November 28, 2006 - Regular Meeting Mayor Taylor requested Item K be pulled for separate consideration. K. Professional Services Agreements: AB 939 Compliance Reporting and Diversion Program Planning and Implementation Services for Fiscal Years 2006-07 through 2008-09 CCMI N: 12-19-06 Page 10 of 45 Agreement between the City and E.-Tseng and Associates that will assist the City in complying with the solid waste diversion requirements of AB 939. This will be a renewal of an existing agreement that has been in effect since 2002. The consultant has worked for the City since 2000. Recommendation: That the City Council approve the agreement with E. Tseng and Associates for a period of three years. THIS SECTION VERBATIM City Manager Lazzaretto: Mr. Mayor, may I ask a question? Mayor Taylor: Yes, Mr. Lazzaretto. City Manager Lazzaretto: Is there any additional information that the Council might require regarding the Professional Services Agreement? Mayor. Taylor: For our trash consultant? City Manager Lazzaretto: Yes sir. Mayor Taylor: No, I would just like to see the original contract because again, all these years we usually have the original contract signed by the contractor and this particular case there is about six or eight signatures that are missing and I would like to see either the City's original contract or the contractor's. You both should have contracts, and the date when it was approved. Other than that we have a motion and a second for all items on the consent calendar with the exception of "L" which Mr. Nunez would like to speak on. Would you vote please. City Clerk Castruita: Mr. Mayor, before you vote. The agreement is attached in that packet. From 2002, is that what you're asking for? We just want clarification if there is anything further that you need. Then we can certainly... Mayor Taylor: Now the original agreement that I have here is one, two, three, four, five, six, seven, eight, nine, ten, eleven; eleven sections that should be singed and dated. See what I'm referring to? City Clerk Castruita: That's the current agreement. There's two new ones in there: One is the current agreement submitted to the council for their consideration and then the executed agreement by Mayor Imperial at that time, is attached as well. It is two separate things. Mayor Taylor: Alright. CCMIN: 12-19-06 Page 11 of 45 Mayor Pro Tern Nunez: Excuse me. Can we vote on the rest of that? Mayor Taylor: Alright, I would still like to defer that and then will get it cleared up. Do we have a motion? Do we have our votes? Did you vote on this item Mr. Imperial? Alright. Consent calendar is (5/0). Mr. Nunez you had Item "U', I believe on this one. Mayor Pro Tern Nunez: Wait a minute, how about Item "K" - are we going to deal with that? Mayor Taylor: No, I'm still deferring that for now. Mayor Pro Tern Nunez: Can I make a motion? Mayor Taylor: I would like to - Mayor Pro Tern Nunez: Can we take a break, so you can take a look at - that? Mayor Taylor: I would like to defer it, Mr. Nunez. Mayor Pro Tern Nunez: I was wondering if we could take a break so you could look at those. Mayor Taylor: I would like to defer. You deferred the Street sweeping contract for six months. Mayor Pro Tern Nunez: Yes. Mayor Taylor: Mr. Nunez, you have a comment? Mayor Pro Tern Nunez: Can I make a motion to - Mayor Taylor: You can make any motion you want Mr. Nunez. Verbatim in the minutes on this, alright? Mayor Pro Tern Nunez: Move to approve. Alright. Mayor Taylor: Alright. Councilmember Tran: I'll second it. Mayor Taylor: We have a motion and a second to approve this agreement and I'm asking for it to be deferred. Would you vote please. Councilmember Clark: Wait. What is the motion? CC M I N: 12-19-06 Page 12 of 45 Mayor Taylor: I asked to have this contract deferred. Councilmember Clark: Right. Mayor Taylor: And Mr. Nunez wants to vote on it tonight. Councilmember Clark: So the motion is to approve it tonight and you want it deferred? Mayor Taylor: Yes. There was a six month postponement of the Street Sweeping contract for their convenience. Alright. Councilmember Imperial: Will you explain again. Mayor Taylor: I'm asking that this item be deferred to the next meeting. Would you vote please. Yes to approve it tonight and no to postpone it to the next meeting. Would you vote please. "L", right? I'll accept his vote. It's three yes. Alright, Mr. Nunez. You're up. END VERBATIM SECTION MAYOR PRO TEM NUNEZ MADE A MOTION, WITH A SECOND BY COUNCILMEMBER TRAN to approve the agreement with E. Tseng and Associates for a period of three years. Vote resulted: Yes: Imperial, Nunez, Tran No: Clark, Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilmember Tran requested Item L be pulled for separate consideration. L. AB 1234 Meeting Reports AB 1234 requires that City Councilmembers and staff provide a brief report on meetings attended at City expense at the next regular City Council meeting. The City Clerk has received a written report filed by Mayor Pro Tern Nunez, Councilmember Clark, Councilmember Train, City Manager Lazzaretto, Deputy City Manager Chi, Planning Director Johnson, City Clerk.Castruita and staff. Recommendation: That the City Council receive and file said reports. CCMIN: 12-19-06 Page 13 of 45 Juan Nunez, residing at 2702 Del Mar Avenue, questioned Councilmember Tran and Mayor Pro Tem Nunez listing a swearing in ceremony in Sacramento as City business. He expressed concern about expenditures on City trips. Mayor Pro Tern Nunez responded that it is part of public business because it is part of lobbying process for laws and funding that might affect the City. Councilmember Clark agreed with Mayor Pro Tem Nunez and pointed out that there is a lot of bond money out there for cities to get their share, Mayor Taylor indicated that attendance at a swearing in ceremony is not usual. MOTION BY MAYOR PRO TEM NUNEZ, SECOND BY COUNCILMAN TRAN, to receive and file said reports. Yes: Clark, Nunez, Taylor, Tran No: None Absent: None Abstain: Imperial The Mayor declared said motion duly carried and so ordered. 4. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor Taylor and Councilmember Clark have requested that the City Council discuss the following two related items: 1. Authority of Council members to direct the activities of City employees. 2. A potential development situation between a Councilmember and LAUSD staff. Jinny Kim, 15t grade teacher at McArthur Park Primary Center, explained that children from her school are from an impoverished, high crime area. She expressed gratitude on behalf of the entire staff for Mr. Tran's generosity and time spent assembling the bikes for the kids. She did not feel Councilmember Tran should be reprimanded given the nature of his gift. Mayor Taylor asked Ms. Kim about the timing of the incident. CC M I N: 12-19-06 Page 14 of 45 Ms. Kim explained that it took place the week before Christmas break but was not aware of the exact chain of events as she was not there when they bicycles were distributed. Councilmember Tran stated that the bikes were delivered when the kids were dismissed at about 1:20 pm that day. Councilmember Tran asked that specific questions be referred to him as he was there that day. Mayor Taylor asked Ms. Kim if she knew what the school principal's reaction to the gift was. Ms. Kim replied she did not know and again thanked Mr. Tran for his generosity. Larry Bevington, residing at 8372 Rush St, spoke in support of Councilmember Tran's generosity and did not feel it should turn into political criticism. Alicia Delgadillo, a teacher at McArthur Park School, thanked Councilmember Tran for seeing the need outside of his own area. She was grateful that deserving children received gifts. Mayor Taylor asked Ms. Delgadillo if she was there when the principal of the school arrived to address the bike situation. Ms. Delgadillo replied that she was there and that the principal was upset due to equity issues. Nikkie Cam, teacher at McArthur Park and Rosemead resident, received the gifts given by Mr. Tran and expressed gratitude to him for his generosity on behalf of the students in her class. . . ` Mayor Taylor asked Ms. Cam what the Principal's response was to the gift. Ms. Cam replied that the Principal'felt the gift was unfair to the children that did not receive bikes. The Principal asked Ms. Cam to figure out a way to distribute the bikes to the children in a way that the other students would not see them. Councilmember Clark asked whatjtime the bikes were distributed. Ms. Cam replied that the bikes were distributed at 2:30 pm. Brain Lewin, residing at 9501 E. Ralph St., reminded everyone about the meaning of Christmas and the spiirit in which these gifts were given. Juan Nunez, residing at 2702 Del Mar Avenue, questioned Councilmember Tran's ability to give direction to City employees without the approval of other Councilmembers. CCM I N: 12-19-06 Page 15 of 45 Mayor Taylor responded that Councilmember Tran acted independently and that this was an issue only because he used City property and staff to distribute his gifts. SECTION BELOW IS VERBATIM Councilmember Tran: Let me clarify that, Mr. Nunez. Obviously I was the one who was involved in this not Mr. Taylor. I did approach the parking control officers on Monday and our City Manager was not there. So I asked them what their availability was and to clear it. They cleared it with their parking supervisor. He then approached Mr. Jess Duff about this. He did clear this and the City Manager was aware of it before I left to deliver the bikes. Mayor Taylor: Excuse me? Councilmember Tran: I'm giving you the facts. Mayor Taylor: Mr. Lazzaretto, were you aware of this? Councilmember Tran: Before I left. Mayor Taylor: That's not what the comment was in the newspapers this morning - that you were not aware of this. But we have to find out what is going on. City Manager Lazzaretto: Frankly, Mr. Mayor, I really don't want to get involved in this discussion. (Audience cross talk). City Manager Lazzaretto: I am not aware of when Mr. Nunez left the city. I really, I'm not... Mayor Taylor: Excuse me, not Mr. Nunez, Mr. Tran. City Manager Lazzaretto: I was advised that (Inaudible; Resident Juan Nunez interrupted the City Manager) Mayor Taylor: Excuse me, go ahead. City Manager Lazzaretto: I was advised that there was a situation there by some of our employees on a project of this nature. I just don't' know what the timing was. Mayor Taylor: Alright.. Are you finished, Mr. Nunez? CCMIN: 12-19-06 Page 16 of 45 Juan Nunez: But you were aware that the employees of the city were going to be used for this purpose? City Manager Lazzaretto: Mr. Mayor, I was not aware of that. Mayor Taylor: That's what you told me that morning that you were not aware of it. Councilmember Tran: So you weren't aware that I (Inaudible). Mayor Taylor: I think that Mrs. Clark was not aware. Correct me if I'm wrong. Councilmember Tran: Let me have I'm sorry let's have this part verbatim and I want to clarify this. That the staff was aware of this. That this was a gift and use of our city trucks to deliver bicycles to McArthur Park before I left. I just want to clarify that, and I want to put this on the record verbatim. Mayor Taylor: Alright, I'm going to ask that that all be in the minutes verbatim. Councilmember Tran: That's fine. Let's do that. Was staff aware of it? Councilmember Clark: The question was, was the City Manager aware of it? That was the question Mr. Nunez asked. Mayor Taylor: Mrs. Clark's question was, was the City Manager aware of it when you left? Juan Nunez: interrupts... Mayor Taylor: Excuse me, Mr. Nunez. We're discussing it now. Would you let us do it? Councilmember Tran: Why don't you he had the floor there, Mr. Mayor? I mean he is asking a question. Mayor Taylor: Go right ahead, Mr. Nunez, ask Mr. Tran your question. Councilmember Tran: He was asking the City Manager the question. Mayor Taylor: Go ahead. We got to get it straightened out. Juan Nunez: I want to ask if it was discussed among the Council. Mayor Taylor: It was not. Councilmember Tran: It's not. It's a common practice. We all do that. CCM I N: 12-19-06 Page 17 of 45 Mayor Taylor: Now wait a minute (All talking inaudible) Mayor Taylor: We're going down the road slowly. Councilmember Imperial: Hell no. Mayor Taylor: Mr. Nunez, ask your question. Juan Nunez: I'm asking the question if the City Manager or who gave the authority? Councilmember Imperial: He didn't have it. Juan Nunez: To get employees to do that? Mayor Taylor: Mr. Tran mentioned that he asked the parking control officers and they in turn then asked who, Mr. Tran? Councilmember Tran: They asked the parking control supervisor. And when I left to deliver the bikes Mr. Lazzaretto was aware of it. Mayor Taylor: Alright, your next question. Juan Nunez: So, the supervisor has the authority to send the parking control or. other guys? Mayor Taylor: You asked him to ask questions. Now he wants you to answer that. Councilmember Tran: The City Manager was aware of that. Juan Nunez: He said he's not, what - Mayor Taylor: He told me he wasn't Juan Nunez: Were you, Andy? Mayor Taylor: Mrs. Clark, did he tell you he was not aware of it? Councilmember Clark: Yes, he did. He told me he was not aware of it. Mayor Taylor: Alright, now let's get down to the facts and Mr. Nunez go ahead with your question because this is not a six way debate. CC M I N: 12-19-06 Page 18 of 45 Juan Nunez: That I want to know if anyone was aware. Mayor Taylor: The answer was no. Councilmember Imperial: Alright, let me say one thing. Had I been asked I'd say hell no, I'm not aware of that - because you don't do that with somebody else's property. That property belongs to the city. That's like going to a car rental, or something like that, and taking it and say I'll talk to him later. You didn't get it with permission. Councilmember Tran: Or is it like with you having Don take you around. Do you have permission from the City Manager? Councilmember Imperial: Yes, I do. Every time I do. I go right to the City Manager and I do have permission. Councilmember Tran: When he takes you to the doctor's office and we're paying... inaudible... Councilmember Imperial: Don't put the Mayor Taylor: Alright, alright. Councilmember Tran: Let's get to the point here. You've been doing this for twenty years. Mayor Taylor: Let's finish with Mr. Nunez. Mr. Nunez? Councilmember Imperial: I've been doing this for thirty years. Mayor Taylor: Mr. Imperial, we'll get to this one question at a time. Mr. Nunez, ask your question. Juan Nunez: Ok. I'm going to say this and I'm asking. You know we all get together and fit like a glove. Like a hand and a glove we can do anything with our fingers you know. Nobody knows what's happening you know. I'm glad that somebody brought this out. You know, we need some people like that to let us know what's happening. You know, we outside here Mayor Taylor: Alright, I appreciate your comment. Any other questions? Alright, thank you. Now I want to read the newspaper article here that... it's a short article. (Reading) Councilman John Tran faces a possible rebuff from his colleagues tonight for his use of city owned vehicles to transport donated bicycles to children in Los Angeles. Last week, Tran gave away twenty bikes to children in a CCM I N: 12-19-06 Page 19 of 45 kindergarten class at McArthur Park Primary Center, a school in the Los Angeles Unified School District. Tran acknowledged using three city vehicles to take the bikes which he had assembled to the school on December the 12th. He said both the Parking Control Supervisor and City Manager were aware that he was borrowing the vehicles to drop off the bicycles. "It has been a common practice that my colleagues have used staff and city resources for personal gain", Tran said. However, in this instant where they're trying to reprimand me, is when I'm trying to provide bicycles for underprivileged children. City Manager Andrew Lazzaretto said he did not know that Tran had requested the vehicles and did not give him permission to use them. "The policy is city vehicles and personnel need to be used for city business and I think when Mr. Tran made the request of employees he probably was not aware of the policy", Lazzaretto said. "Frankly, I don't think that will occur again. "Councilwoman Margaret Clark and Mayor Taylor both have placed items on the agenda to discuss Tran's actions. Neither Councilmember returned phone calls seeking comment Monday. Tran contends that city staff have run errands and drafted letters for Councilmembers that do not relate to city business. Councilman Jay Imperial said he believes it was wrong for Tran to use city vehicles without permission from the City Manager first. Michelle Mansi, forty, a parent, her son received one of the bicycles Tran donated, said "It is a shame an act of kindness has been turned into a political mess. I don't understand why everyone is in an uproar. I can tell,by the looks of those kids faces that they were happy." (End reading) Taylor: Now in reviewing this a little bit further, Mr. Tran, that was a good act for you to take the bikes down there. And I'm not criticizing that and I don't think anybody is criticizing your good motives for donating the bikes. The fact of the matter is that you evidently went to three parking control officers and asked them to help you deliver the bikes. They in turn checked with their supervisor, which is whom? City Manger Lazzaretto: At this time, it is Mr. Don Anderson. Mayor Taylor: How long has Don Anderson been involved in public works? City Manager Lazzaretto: He's been involved with public service for, I'm guessing, over thirty years. Mayor Taylor: Alright. I'm gonna give the benefit of the doubt. He should know about public regulations. And, I'm not chastising any employee or going to penalize them for it because a Councilman put them in this position. Now, what did Mr. Anderson do with it after that? City Manager Lazzaretto: Mr. Anderson authorized the control officers, the parking control officers to do, to perform the service. Mayor Taylor: Was anybody else involved at that point? CCM I N: 12-19-06 Page 20 of 45 City Manager Lazzaretto: Mr. Anderson notified his supervisor. Mayor Taylor: Which is whom? City Manager Lazzaretto: That would be Jess Duff Mayor Taylor: And how long has he been involved in city, public business? City Manager Lazzaretto: They both have been involved for over thirty years. But the point is they only have been with the City of Rosemead for a short period. Mayor Taylor: Do most cities have these legal requirements? City Manager Lazzaretto: Well, they do have these legal requirements, Mr. Mayor. The point being, in a lot of cases there is a it's not uncommon for communities to do things like toys for tots or other kinds of public service. Mayor Taylor: But do they notify the City Manager? Or even the Assistant City Manager? City Manager Lazzaretto: Yes, and in this particular case they did notify me. As far as the timing was concerned, my understanding was that this, that the horse had left the barn if you will. And I stood behind the gentleman because he had authorized this to happen. After the fact, we all talked about it and we agreed that this was, this was an area that was kind of (inaudible) if you will, with no malice of intent. But I think they were trying to cooperate as the Councilmember and public has pointed out. This was an act of good will as far as everybody could tell. Whether they would do it today; I'm firmly convinced that they would not do it today because we've all discussed it. . Mayor Taylor: Alright, Now what time? I talked to you about 9:30, is that correct - A.M. Mrs. Clark, do you remember? Councilmember Clark: On Wednesday? Yes it was on Wednesday between 8:30 and 9:30. Mayor Taylor: No, it couldn't have been Wednesday with me because, I was down in L.A at 6:30 in the morning till five o'clock for jury duty. So, I talked to him and you had talked to him. My point is that around in the morning at 9:30. The bikes didn't go until when? City Manager Lazzaretto: Well that's what I'm not clear on, Mr. Mayor. My understanding was that this had already been authorized and the bikes either had already been delivered or were in transit. CCMIN: 12-19-06 Page 21 of 45 Mayor Taylor: Did you check with the parking control officers to see what time they left to get there at one o'clock? City Manager Lazzaretto: No, sir. Mayor Taylor: If I talked to you at 9:30 and you assumed that it was already done, that's 3 1/2 hours to drive down to McArthur Park - about fourteen miles. City Manager Lazzaretto: I don't believe I - Councilmember Clark: Mr. Mayor. Mayor Taylor: Mrs. Clark. Councilmember Clark: This happened on Tuesday, right? Mayor Taylor: Yes. Councilmember Clark: This happened on Tuesday. I didn't know about this until Wednesday morning, after Mayor Taylor: Yeah, but I didn't know about it Tuesday morning because like I said, I left at 6:30 Wednesday and was down in L.A at jury duty. Councilmember Clark: Did you know before (Inaudible)? Mayor Taylor: That's.what is really puzzling. Councilmember Clark: 1 thought it was Wednesday? Mayor Taylor: Probably when you found out about it. City Manager Lazzaretto: When I discovered that this was taking place, I called the Mayor and called another City Councilmember. Simply to alert them to the fact that this had occurred and there might be an incident in the public that they might be caught off guard. Simply to advise you. I don't believe you and I spoke until after you retuned from jury duty. Mayor Taylor: Which was 5:30 in the afternoon? City Manager Lazzaretto: Correct. Mayor Taylor: Alright..That's what you recall from it and you recall that it states here that you were not aware of it. CCM I N: 12-19-06 Page 22 of 45 City Manager Lazzaretto: Yes sir. And I think again, under the circumstances, the employees involved (inaudible), was it the right thing to do? In hindsight, again, if we all had this kind of debate before hand, I don't think they would do it today under any circumstances until they were given absolute authority. Mayor Taylor: The whole point about the thing is, and I said it's a good idea to give the bikes and we're not questioning that. It's the undermining of your authority or Mr. Chi's authority to go to subordinate employees and request them to do private - Councilmember Tran: Charitable services. Mayor Taylor: Call it anything you want. Private, charitable services. But, there is a procedure that needs to be followed. City Manager Lazzaretto: Yes, sir, I agree and Mr. Tran and I have discussed that. I think we have a very clear understanding. I don't think there is any misunderstanding. Mayor Taylor: There is a little bit more in this article that Mr. Tran has something now, what is this business about staff writing letters? Would you elaborate on that? Councilmember Tran: Absolutely. I refer to our Councilmember Maggie Clark who does get letters written for her so she could be appointed to boards that are not relevant to city business. Councilmember Clark: No, excuse me. Councilmember Tran: Do you have permission from the City Manager when you direct staff on this? Mayor Taylor: Alright, let's get. (Inaudible comments) Councilmember Tran: Let's stick to the point here. If you're directing staff, I mean what's the point? Directing staff without the City Manager being aware of it. That's the same thing. You're directing staff. Councilmember Clark: This is totally different. Councilmember Tran: Oh, for you. It's a double standard Maggie. Ok. Mayor Taylor: Let her finish then you can speak. CCMIN: 12-19-06 Page 23 of 45 Councilmember Clark: For you to think that a letter on regional bodies where we're advocating for city issues, for example, when Mr. Nunez, gave (Inaudible) I lobbied for him to go to SCAG - Southern California Association of Governments,... kind of a weird acronym. He represents us on housing issues, and there will be a letter after this adjournment, for example, to the capital government saying he's the alternate for that and that lends credence to the fact. that he represents us. These are issues that happen all the time. This then, just because you choose not to be involve in this, Mr. Tran, doesn't mean they are not relevant. To say a letter regarding a regional body, I lobby for funds in this city and I have gotten three million dollars for the region in which our Council has benefited and to say that a letter written on my behalf for a lobbying issue or a committee that I'm on is a misuse of public funds is absolutely ludicrous. Councilmember Tran: I said it was a common practice, Maggie. You're directing staff. (Multiple comments) Councilmember Clark: That's true and this Council approves those letters. This Council approves those letters. Approves of my serving on that. It approves of Mr. Nunez serving on that, it approves of Mr. Imperial being on the Criminal Justice, it approves of Mr. Taylor being on JPIA the insurance for the Contract _ Cities. We are all involved in these things. And you go to the Shopping Center Conference. That's a valid Councilmember Tran: Correct, and I go through the process of getting it approved and I do get it approved. (Councilmember Tran and Councilmember Clark talk at the same time.) Councilmember Tran: Maggie, I'm sorry, when you are pointing this out, again it goes back to do you direct Jan? Or Oliver? Or any other staff members without going to the City Manager? It's all relevant. I'm just saying it's a common practice. Mayor Taylor: Mr. Tran Councilmember Tran: I'm sorry, I'm not finished, Mr. Taylor. Let me finish. Basically, what you're saying right now is you're telling me that by giving a good gesture of directing staff to provide charitable services you want to reprimand me. So basically, that's what the whole issue is all about. And because of the fact-- Councilmember Imperial: Are you talking to me? Mayor Taylor: Hold on just a minute. CCM I N: 12-19-06 Page 24 of 45 (Multiple overlapping comments) Councilmember Tran: Oh, I'm gonna get to you after, Mr. Imperial (Multiple overlapping comments) Mayor Taylor: Go ahead, Mr. Tran. Councilmember Tran: Basically, you're talking about directing staff and again that's the core issue right now, so don't get this whole thing twisted and think it's just myself. Mayor Taylor: Is that city business? Councilmember Tran: I'm sorry. Mayor Taylor: Is that city business? Councilmember Tran: Is this city business? It's outside of city business. Mayor Taylor: With city agencies? Councilmember Tran: It's not. It's important but it goes back to directing staff. That's the issue right now. The issue is directing staff. And, it goes back, and my comment now goes to Mr. Imperial which he's happily waiting for and basically it goes back to Don Wagner. How many years have you used Don Wagner on personal vehicle and getting paid for staff. He made $140,000.00 a year and he is taking you out lunches, to doctor's. I'm sorry, I'm not finished, Mr. Taylor. Let me finish. Mayor Taylor: Point of information. What lunches have you seen them going to? Councilmember Tran: I was thinking of Jim's Burgers, to DiPilla's Mayor Taylor, (Inaudible) Councilmember Tran: --getting picked up from the house and going there? It's a common practice, That's what I'm referring too. So don't get me wrong on this. I refer to this as common practice. Councilmember Imperial: Ok. Let me tell you about your common practice, ok. Number one: I've been with the city for thirty years and I've never done what you've done. Ok Mayor Taylor: Quiet, Mr. Pike. No, we've got to finish this ourselves. We've got to finish it ourselves. Please CCMIN: 12-19-06 Page 25 of 45 Mr. Pike: I thought I requested to speak on this item. Mayor Taylor: I stand corrected. You did say something. I stand corrected. Speak your piece. Mr. Pike: Thank you. Like I said before, and I was premature on it but I had read this article in the paper having had experience on the council. When I was on the council the city clerk worked for the council. Everybody else worked for the City Manager and if you had to go through anybody you went through the City Manager and that information to direct any employee or assistance for any employee for any thing you wanted you do. We used to hold memorial services at the cemetery here on Veteran's Day. We always went through the city and asked to use the chairs for all the people that came to the memorial service. It was a service of the cemetery and was in the city and it was a service in adding honor to our servicemen that had fought to save our country since the inception. Now, what I wanted to know, all I know is what I read in the paper. In this article in which Mr. Taylor was reading, but I hear them say you're trying to make a political issue of it. The only side I heard is over here, all the clapping. They're the ones making it a political issue if you ask me. (Audience talking) Mayor Taylor: Alright, go a head, Mr. Pike. Mr. Pike: My question, Mr. Tran, how many bicycles or tricycles? I heard two things. First bicycles then I hear tricycles a few minutes ago. What was it? Bicycles or tricycles? Councilmember Tran: Bicycles. Mr. Pike: Bicycles. Were did they come from? Councilmember Tran: I bought them. Mr. Pike: You bought them? Councilmember Tran: Absolutely, I bought them and I assembled them. How is that relevant to this? It could be thirty tricycles or forty tricycles. Is there a difference? Mr. Pike: They were transported by the city vehicles, so I understand. Councilmember Tran: I personally picked up the bicycles. Not from Wal-Mart, but I picked them up, went home, and assembled them. Mr. Pike: Where did you have them stored? 52 bicycles? C CM I N: 12-19-06 Page 26 of 45 Mayor Taylor: No.Twenty bicycles. (Multiple audience comments) Mayor Taylor: That is irrelevant how he did that. It's the transportation with city vehicles that Mr. Pike: I'm just trying to find out. Were they his bicycles? Or, or the City bought them? Mayor Taylor: No he bought them, which is fine. Mr. Pike: He bought them and then he had them delivered? Councilmember Tran: I bought twenty bicycles. I assembled them and stored them in my living room. Mr. Pike: Were they new bicycles or used? Mayor Taylor: That's enough, Mr. Pike. (Multiple comments.) Mr. Pike: Well, I was trying to put a value on them. Were they new? Councilmember Tran: It was priceless for these'kids. There is no value to see the faces on these children and the parents who are in a really poor area. This is McArthur Park Primary Center. Mr. Pike: Where? Councilmember Tran: McArthur Park, as I've done and I'm glad you're pointing out the charity work that I've done. I also donated $2,500.00 dollars to the Monrovia Unity Center for children who need clothing and a student in Rosemead who had great grades but couldn't afford to go to Bosco, so I paid $1,000 dollars for his tuition this year. So, I mean if that's the case and we're bringing out all the donations out of my personal account. I'm grateful that these kids are afforded the opportunities that I was never afforded, and it is great to see their faces. To see their eyes light up and just their faces sparkle when they receive these gifts. So Mr. Pike: They were not kids in Rosemead? Councilmember Tran: I just stated, right now, a student needed to go to school and came from a pretty bad background as far as parents not being educated. CCMIN: 12-19-06 Page 27 of 45 And, the mom requested a need for tuition to go to a great school which is Don Bosco here in Rosemead. And the tuition is $1,000 dollars and to get him off the streets, I wrote the check, paid for his tuition, and I also participated in toys for tots with our Congresswoman Hilda Solis. She's doing great things as well too. It's a collaboration. It's an opportunity to partner up with people. This was not public. I did not make this public. You know, I didn't say I'm providing this I'm a Councilmember. I made it private, and you didn't' see the Monrovia Unity Center - I have a letter from them thanking me for this. I have a letter from each person. There is no need to publicize especially on a holiday season when these kids are not afforded opportunities. (Multiple comments) Mr. Pike: I have a whole report that you had a check for $35 dollars just trying to pay your attorney when you had your divorce. (Multiple comments) Mayor Taylor: Mr. Pike, we're aware of Mr. Pike: Are you denying it? Councilmember Tran: You're taking a gift that I'm going to give to children you're taking away the spirit. I'm glad you brought it up, and that's why I'm pointing out these issues. (Multiple comments) Mayor Taylor: The issue has nothing to do with the commendable good intention that you had. It was undermining. I'm speaking, Mr. Tran then I'll turn it over to you. The fact that the City Manager was not approached for this; the Assistant City Manger was not approached with this. You went to staff or the employees starting at the bottom rung of the ladder and it begins to be intimidation of employees. You better not say no. Alright. You understand anything about what went wrong? Councilmember Tran: Are you putting me on a trial? Mayor Taylor: No, no The point is do you understand what went wrong? Councilmember Tran: Was the City Manager aware of this? Mayor Taylor: Do you understand you did anything wrong? CCMIN: 12-19-06 Page 28 of 45 Councilmember Tran: What I understand is that these kids got gifts. Do you understand that they got gifts? Do you understand that these twenty children are afforded great opportunity? Mayor Taylor: Who's the teacher of the class down there? Councilmember Tran: Ms. Cam. Mayor Taylor: Do you have a relationship with her? Councilmember Tran: Absolutely. Mayor Taylor: It was kind of a personal opportunity Councilmember Tran: No, it wasn't. (Multiple comments) Councilmember Tran: My involvement with her does not state that. I've been to her classroom. I've seen the children Mayor Taylor: That's fine. I appreciate that. Councilmember Tran: I have a personal passion for these kids because they are so, they are poverty stricken. Do you understand that? We are afforded opportunities but these people weren't and just to give them a bike. So they can remember this when they grow up. To say they got a bike. Isn't that priceless? Mr. Taylor. Mayor Taylor: Do you realize - Councilmember Tran: Are you trying to embarrass me? Mayor Taylor: Was anything done wrong? Councilmember Tran: I asked the parking control supervisor, I mean the parking control officers Mayor Taylor: That's right. Councilmember Tran: Ok. They got clearance. The City Manager was aware before I left. Had this not been authorized or you know I couldn't do it, I would not have been able to deliver the bikes. Mayor Taylor: Do you go to the employees and ask CCMIN: 12-19-06 Page 29 of 45 Councilmember Tran: Do you go to Mr. Brad Johnson or Mr. Rukavina and ask them to meet you at Wal-Mart without getting or asking questions on that? Mayor Taylor: Never. Councilmember Tran: Never? Mayor Taylor: Name when it happened. Councilmember Tran: I'm just asking you a question. Mayor Taylor: Name when it happened. Councilmember Tran: I'm just asking you a question that's it. If you say no that's . fine. Mayor Taylor: Mr. Johnson, have I asked you to meet me at Wal-Mart or any other - hey, this man blows off steam has it ever happened? Planning Director Johnson: I really don't want to talk about this and get into personal debates whether or not it's... r Mayor Taylor: Have I ever directed you to meet me at Wal-Mart? Planning Director Johnson: No. Mayor Taylor: Anybody else, Mr. Tran? Councilmember Tran: I'm asking a question. Mayor Taylor: You're asking deceptive questions. Councilmember Tran: No, I'm asking. No you're asking deceptive questions. I'm only asking a question. Mayor Taylor: No, we're finishing our thing here. Councilmember Tran: Mr. Nunez has a comment. Mayor Pro Tern Nunez: I just want to know what you're doing. What are you doing? Mayor Taylor: This man has to learn that he does not go to employees and direct them and CCMIN: 12-19-06 Page 30 of 45 Mayor Pro Tern Nunez: What we should have done here is have a conversation through the City Manager. And I think it already happened. Mayor Taylor: When? Mayor Pro Tern Nunez: Did you or did you not City Manager have a conversation with him after the fact. Mayor Taylor: After the fact, what good Mayor Pro Tern Nunez: What I'm saying is that if you don't know somebody is going to do something, you don't have a meeting before. After he did it, he got talked to about it and it got settled between them. Mayor Taylor: When is he going to learn? The trip to Las Vegas with the billings that came Councilmember Tran: There you go again. Again, that's. That's, you want to rehash this. Mayor Taylor: Yes. Councilmember Tran: I'll make this a political issue. (Multiple comments) Councilmember Tran: No. It was, it's paid? Mayor Taylor: It was paid. Councilmember Tran: Ok, what were the comments by Ms. Martinez on this? It was, she did sign off the position on this. I'm not gonna go through this again with these people. No, it's not on the agenda right now. The issue, right now, is bikes and and the delivery of it. You know Mayor Taylor: You jumped all over about all the things that we made (inaudible) (Multiple Comments) Mayor Pro Tem Nunez: Mr. Taylor. Mayor Taylor: There is a letter here, a New York New York statement that dated, I've got that. CCM I N: 12-19-06 Page 31 of 45 Councilmember Tran: Was that paid? I left at seven o'clock in the morning. Mr. Johnson who checked me out of there. Ok, he checked me out of there. I did not know that was charged to the room. Mayor Taylor: Now did she get in your room to charge breakfasts and dinners? Councilmember Tran: Myself, Mr. Hernandez and Martinez were in the room again. For room service that she gave the credit card to. Do you know it's a mistake by the - Mayor Taylor: What credit card? Councilmember Tran: She gave a credit card. Why would she sign it? Mayor Taylor: There was no credit listed in here. Councilmember Tran: You know what? You know this is something that (inaudible) Mayor Taylor: When are you going to learn? Councilmember Tran: When am I'm going to learn? When are you going to learn, Mr. Taylor. You start badgering (inaudible) Audience member: Stop the fighting. (Multiple comments) Mayor Taylor: Alright, Mr. Nunez. Mayor Pro Tern Nunez: Mr. Taylor, I think what we need to look at here, in order to deliberate. Not too long ago we talked about putting things, you know, coming together and working together. This talk, if you had a conversation with him in private or with the City Manager, the three of you, ok, and then he would of gave some sort of, some sort of, back talk or really insulted you or something like that, then I could see you having this in an open conversation like that. I think this should have been done in private, closed doors and talked about it. You know, where you guys can get together and come to a conclusion. Mayor Taylor: That just covers it up. We're bringing it because - Mayor Pro Tem Nunez: It's not a matter of covering things up. It's a matter of making people work together. Mayor Taylor: Let me read you something, Mr. Nunez. It states right here. (Reading) New councilmen's split over dual services. This has to do with the CCMIN: 12-19-06 Page 32 of 45 District Attorney in Los Angeles. Tran says he perceives no conflict of interest in holding both offices concurrently. But in the opinion from the California Attorney General's Office, it appears to prohibit individuals from serving on the City Council and School Board at the same time. Clearly, Mr. Tran, I would never compromise my duties as a public representative because of the part time nature of the School Board. I would have no problem meeting the needs of my valued Councilmember Tran: What's that? What's that? Mayor Taylor: I would have no problem meeting the needs of my valued Rosemead residents. Councilmember Tran: How is this relevant to this business? Mayor Taylor: I'd said - Councilmember Tran: Put it on the agenda. Mayor Taylor: (Inaudible) Councilmember Tran: How is this relevant, right now, to the issues of bicycles, Gary Taylor? How is this? How is this relevant? (Multiple Comments) Mayor Taylor: Your integrity. Councilmember Tran: My integrity? (Multiple comments) Mayor Taylor: It says right here. Mr. Tran stated. Listen to what you said. Councilmember Tran: Absolutely, I know it's a public record (inaudible) Mayor Taylor: What did you say? Councilmember Tran: You know. How is this relevant to this? Mayor Taylor: Mr. Tran stated: The Attorney General's opinion is outdated. He said he is not (inaudible) Councilmember Tran: And that's why Senator Romero created a law for generally - Mayor Taylor: She knew what you were doing. CC MI N: 12-19-06 Page 33 of 45 ti Councilmember Tran: No, we discussed this. It was not law. It's an opinion. Audience member: That's right. Councilmember Tran: But how is this relevant to this? Mayor Taylor: Integrity. Councilmember Tran: Integrity? Well, what about your integrity when you violated a Brown Act? What about that? Mayor Taylor: What a bad (inaudible) Councilmember Tran: What about that? (Audience members clap) Mayor Taylor: (Inaudible,) Mr. Tran. Councilmember Tran: How was your integrity when you went after Mr. Pike on the recall? And successfully defeated him. Mayor Taylor: Mr. Tran. Councilmember Tran: There you go. I mean you want to talk integrity. That's what it is, ok: Basically, this is an issue about the bikes. The issue on the agenda, Mr. Wallin states that, Authority of Council members to direct the activities of City employees and a potential developing situation between a Councilmember and LAUSD. So, these are two issues. That's not in the agenda like you always do. You speak about things that are not in the agenda. You add things to the minutes. Mayor Taylor: Did you not ask and make a statement that I had directed Mr. Johnson to go (Inaudible.) Councilmember Tran: It says here direct activities. Direct activities. It states here, it states here. Mayor Taylor: You are making accusations all Councilmember Tran: I'm not making accusations. I asked a question? Mayor Taylor: (Inaudible) of the record. Councilmember Tran: No, it's in there. Direct activities. I mean I'm making, I'm directing activities... CCMIN: 12-19-06 Page 34 of 45 Mayor Taylor: Anyway, did -you learn Councilmember Tran: I make a motion to adjourn. Mayor Taylor: Did you learn anything? Councilmember Tran: I made a motion to adjourn. My motion is on the floor. I made a motion. Mayor Taylor: Mr. Nunez, give him a second. Mayor Pro Tern Nunez: Wait a minute. Hold up. Mayor Taylor: Wait a minute. No second. Councilmember Imperial: We're not adjourning? No adjourning? Mayor Taylor: No, that's alright. Go ahead. Mayor Pro Tern Nunez: Basically, what we need to do is. The attempt here is to make sure that we do not approach any of the staff without going through the City Manager. Is that your objective? Mayor Taylor: I asked Mr. Tran if he learned anything. Mayor Pro Tem Nunez: Hold on. Is that your objective? Mayor Taylor: Yes, it is. Councilmember Tran: Okay, Dad. Mayor Pro Tern Nunez: Ok. Then it's done. Councilmember Tran: Okay, Dad. Mayor Taylor: Did you learn anything, Mr. Tran? Councilmember Tran: Okay, Dad. (Multiple comments) Councilmember Tran: Alright dad, I have two dad's right (inaudible)? Mayor Taylor: Did you learn (inaudible)? CCMIN: 12-19-06 Page 35 of 45 (Multiple comments) Mayor Pro Tern Nunez: Mayor Taylor. Mayor Taylor. Mayor Taylor: Go ahead, Mr. Nunez. Mayor Pro Tern Nunez: You're trying to make your point. Ask a question. Ok, what do we do now? Do we move on to the second point? Mayor Taylor: He hasn't learned so (inaudible). (Multiple comments) Councilmember Tran: Okay, Father. Mayor Pro Tem Nunez: Can we move on to the second point? Councilmember Clark: What about the Brown Act? Councilmember Tran: I made a motion to adjourn. Mayor Taylor: You don't have a second there. Excuse me, sir, we're debating this issue. Audience member: Excuse me. I put down that I wanted to speak on this issue. Mayor Taylor: Now, your name's what? Ted Saulino: Ted Saulino. Mayor Taylor: Your name was here. Ted Saulino: Yup Mayor Taylor: I believe that you are correct. Anybody else that I've missed? Mr. Saulino, you're up. Ted Saulino: Yeah, that's me. 11720 Capri Dr., Whittier, CA. I've either lived or worked in the City of Rosemead since 1951 and I know almost all of you in the City Council. You put the City Manager in a real awkward position because of this open debate. He needs to take care of all of this privately and if it doesn't happen privately then you bring it publicly. And, to interrupt every time somebody is up here trying to ask a question. This is our turn to talk. The matter is over here. Number one; authority of Councilmembers to direct activities of City employees. That's all you should be talking about, nothing else, because this is CC M I N: 12-19-06 Page 36 of 45 the agendized item. The other one now is gifts to children and a situation between a Councilmember and LAUSD staff. Mayor Taylor: We're still on that subject. Ted Saulino: Yeah, but this is gifts to children. I'm a teacher in the Garvey School District. Retired just June 30th after 39 years. Teachers give gifts to their classroom, and parents, and public all the time. And, there is no conflict when a public member, or a teacher, or a parent gives a gift to a particular class. Mayor Taylor: I agree with you one hundred percent. What's different about this situation Ted Saulino: He talked. Let's go back to number one. He talked. Did John Tran talk to Andy at least privately? Mayor Taylor: Wait a minute. After the fact? Ted Saulino: After. Because they're settling a problem. They settled the problem behind closed doors. Mayor Taylor: After the fact. Ted Saulino: After the fact. Now is it going to happen again? Mayor Taylor: That's what I'm asking Mr. Tran. Ted Saulino: No, but the way you put it though. You put it demeaning, like did you learn your lesson? Did you learn? No. If you say it's done, it's over. I heard him say it's done, it's over, lets move forward. And I think now we should adjourn. Thank you for the time. (Audience applause) Mayor Taylor: Alright, (inaudible) a potential developing situation being Councilmember Tran: That was discussed. Mayor Taylor: Between a Councilmember was not Councilmember Clark: Yes. Mayor Taylor: What happened when you were there? Councilmember Tran: Oh you know that I'm going to defer to Maggie.Clark. She brought it up. Let me defer CC M I N: 12-19-06 Page 37 of 45 Councilmember Clark: I only put Councilmember Tran: Let me defer to her. Councilmember Clark: I'm only interested in the issue of whether public funds and City staff were used for personal. Councilmember Tran: No. You brought this situation. What was that? Councilmember Clark: I don't have any comment on that. Councilmember Tran: OK. Move to adjourn. Move to adjourn. Councilmember Clark: But no (inaudible) (Multiple comments by council.) Mayor Taylor: We still have four items on the agenda. Councilmember Tran: That's a closed session Mayor Taylor: (inaudible)... if we adjourn we're done. Councilmember Tran: I move to adjourn to closed session. Mayor Taylor: Alright. Councilmember Tran: Is there a second? Mayor Taylor: Mr. Tran, Ms. Clark is speaking. Alright? Councilmember Clark: I wanted to discuss the first item. That's all. Thank you. I haven't had a chance to talk. I defended myself on the letter issue. Councilmember Tran: Ok. Mayor Taylor: Go ahead, Ms. Clark. Councilmember Clark: But the issue of how many City employees were used. How many city employees went with you to the school? City Manager: I understand, Ms. Clark, that four members of staff were involved. Councilmember Clark: I want Mr. Tran to answer that. Councilmember Tran: There were five. CCMIN: 12-19-06 Page 38 of 45 Councilmember Clark: So, there were five City employees and three trucks and how long were they gone? Councilmember Tran: Forty minutes. Councilmember Clark: Hold on. Mayor Taylor: No, no. You were there at one o'clock and had to wait until 2:30 to give them the bikes. Councilmember Tran: No I didn't. I dropped the bikes off at the parking lot. You weren't there. And so, you're here framing this again. See how it is you manipulate questions. Councilmember Clark: John. (Multiple comments by council.) Councilmember Tran: I'm gonna answer it, but I'm not letting Mr. Taylor answer it. He's trying to ask another question. So let me answer, ok. Basically, it's forty minutes. I dropped the bikes off in the parking lot after we settled it when the assistant principal and the literacy coach came in and said Councilmember Clark: (Inaudible) Rosemead to the school and back and the (inaudible.) Mayor Taylor: Go head. Councilmember Tran: Okay. Councilmember Clark: In any case, my problem with it, and again I commend the action. It's very good to give to the children. I don't have a problem with that. My only problem is the fact that City funds, City equipment, City staff, were taken away from their duties that they are hired to do. The parking control officers are supposed to be working the traffic issues. Right? I frankly would rather have them doing the graffiti issues. I think we have some major issues we need to take care of, and I have a problem. If this was done as a personal. Were you acting as a personal, as a private citizen, or as a council? Councilmember Tran: As a private citizen. Councilmember Clark: Ok, so the precedent this has set is very disturbing that any of us could do anything that we thought was good. And you know, there is a lot of support for the issue it's Christmas. Bicycles for children, that's great. But the issue should not be clouded by the fact it was gifts. The issue is were City funds, public funds, tax payer money used for a personal issue. CC M I N: 12-19-06 Page 39 of 45 (Multiple comments by council.) Councilmember Clark: And our city code says: directions the City Council and it's members shall deal with the administrative services of the City only through the City Manager except for the purpose of making inquiries and any City Council or member there shall not give any orders to any subordinates of the City Manger. And, I think what we're trying to establish tonight, and if we have to bring it back as a committee or to work it with policy, I think that our staff needs to understand this as well as we as Councilmembers that they do not have the authority to engage in these activities without the City Manager's approval. And the City Manager working for the council as a whole. So the City Manager needs to take direction as to policy from the Council as a whole on issues. So, I think this is something that in the future, and I'm willing to leave it as long as there's been admission that this will not happen again. Mayor Pro Tern Nunez: Maggie. Councilmember Clark: If the person came to the City Manager, I just don't think this is a use of public funds for a private use without the Council Mayor Pro Tern Nunez: Maggie, can'l ask a question? It's just, the issue is what? The fact that we are questioning some procedure ok. and I think that that could have been without having to do it here. I think the City Manager, was able to do that, probably, if not already, sent a memo out to everybody to make sure that Councilmembers aren't to direct them. If not, I hope he does that. Hold on. And I think that is a way to solve the problem. Ok? And problem is solved. So let's move on. Councilmember Clark: But the problem is Mayor Pro Tern Nunez: But the thing about it is you want me to guarantee that I won't direct staff? Yeah, I won't direct staff. Is that what you want? Councilmember Clark: Yeah. I want all of us. to. Mayor Pro Tern Nunez: I won't, and I hope you say the same thing. Councilmember Clark: Yeah. Absolutely. Mayor Pro Tern Nunez: Alright, and I hope Mr. Taylor says the same thing. Mayor Taylor: I won't. Mayor Pro Tern Nunez: And now (inaudible) Councilmember Tran: Absolutely. CCM I N: 12-19-06 Page 40 of 45 Mayor Taylor: Good boy. Mayor Pro Tern Nunez: (Inaudible) Councilmember Imperial: I won't say. I believe that systems should be set up to where these people know where to go and get the answer from the right people, ok. You're going to hurt you neck, Mr. Tran. Ok now - Councilmember Tran: I'm Sorry? Councilmember Imperial: You're going to hurt your neck from going like this.. Let me finish. Councilmember Tran: Am I responding to you? Mayor Taylor: Alright, go Mr. Imperial. Councilmember Tran: He is commenting on my gestures. Councilmember Imperial: Consequently, first of all, a comment was made by Mr. Tran and the comment was all these years, thirty years I've been on this council, that I have not done anything and got everything I want, and that's a damn lie. Ok. I'm (inaudible) with a capital letter. Audience member: Did you use Councilmember Imperial: I'm not talking to you, now Audience member: I'm speaking to you. Councilmember Imperial: Get up here and speak to me. Mayor Taylor: Mr. Imperial, go ahead. Finish, please. Councilmember Imperial: Consequently, what I'm saying in reality is that for thirty years I've been on this and spent twenty-six years in the army and neither one of those did I cross that path. I always followed directions. The way it was. I think what we got is a problem with direction here. Mr. Tran, I or nobody else runs this City. The people of this city are hired to do that. Now, we are not here just to take care of my needs or anybody else's but the needs of the people. As long at there is one taxpayer not getting their needs done right, there is something wrong with the system. My suggestion is they have to have some place to go for permission, ok. And the people who got permission to drive these vans or whatever they were, they should not have to go through this right now because that was a poor mistake. I have never once in thirty years went to anybody and asked for any special treatment. None. CCMIN: 12-19-06 Page 41 of 45 (Multiple inaudible comments by council.) Councilmember Imperial: He talked about special things that I got. I was never in the back of a police unit or getting misquoted because I wasn't doing the right thing, ok. I was never asking permission to do anything. If it's said that Don Wagner took me on a ride. I got the permit stuff in my locker, ok, that says that I never asked for anything. I got hurt in an office here and we were trying to find out if there had been an injury or not. That was the doctor. I couldn't walk up the stairs. I had to be in a wheel chair. That's why I had to get help from Mr. Wagner. I'll get a statement from Mr. Wagner if you want. Secondly, ok, I would not ask for this, and when I went for a trip or something. Now I'm going to ask you a question. When I went for a conference, ok, when I went to a conference, what's the best way to do it? Ask Don Wagner if I can drive with him like some of the other people do. And, I went out there and back. So, on a special treatment I never had any of that. Ok, never wanted any of that. You wanna know why? Because all my life I never had the problem with the law. Because I use integrity as my main word and these guys can talk all they want to but if there is no integrity. How do we know for instance that he is telling the truth? How do we know if he bought those bicycles or if they were ripped off of somebody? (Multiple comments) Mayor Taylor: Mr. Tran stated he bought them and I accept that as proof. Councilmember Imperial: You can accept it. Mayor Taylor: Alright. (Multiple comments) Mayor Pro Tern Nunez: Can we adjourn to the closed session? Mayor Taylor: Yes. At this time we've discussed this as much as we need to and were going to recess. Excuse me. Velia Navarro: Excuse me. Mr. Imperial invited me up here to repeat Mayor Taylor: Yes, he did. Velia Navarro: Ok, so I'm going to give this young lady my paper. You all say that you treat people fairly. I don't think so. We have requested twice and you've heard from the audience your language, your demeaning way of speaking to people is not acceptable as a representative of the City of Rosemead. You're speaking has not been represented and has not been taken care of. Then take care of my needs. Keep your mouth quiet or use the proper language that you CCM I N: 12-19-06 Page 42 of 45 should as a representative, as a Councilperson. Have you been doing this for thirty years? Councilmember Imperial: You bet your life. Velia Navarro: Well, you sure should stop or get out. Mayor Taylor: Alright. Thank you. Marlene Shinen: Can I ask one more question? Is that not slanderous? Mayor Taylor: What? Marlene Shinen: When he accused him of stealing the bikes? (Multiple comments) Councilmember Tran: I didn't hear that. Councilmember Imperial: I did not make Marlene Shinen: He accused him of stealing those bikes. Councilmember Tran: We have that on record? Marlene Shinen: Yes. Is that not slanderous? (Multiple audience comments) Marlene Shinen: The meeting was out of control but that went a little beyond and you didn't provoke him. Mayor Taylor: Alright. Councilmember Imperial: I did not say Mayor Taylor: Alright. Mayor Pro Tern Nunez: Mr. Taylor, could you, I didn't hear his comment. Did I hear you say, "I have no problem. I'm sure he bought them?" Is that what you said? Mayor Taylor: That Mr. Tran bought them, yes. Mayor Pro Tern Nunez: Yeah, and why was that comment made? Because you heard something over there. I didn't hear it, did you hear something over there? CCMIN: 12-19-06 Page 43 of 45 Councilmember Tran: I didn't hear it. Mayor Pro Tern Nunez: (Inaudible) I'm just wondering, Mayor Taylor. Did you hear something over there, that compelled you to say "I'm not, I'm pretty sure that, I'm not worried about that." Something along those lines. Mayor Taylor: There is so much arguing started between them, I don't know the exact words. Marlene Shinen: He can repeat what he said. (Multiple comments) Marlene Shinen: He's a man of (damn) charity; He's told everybody this is a self proclaimed man of integrity. I think you can repeat what he said. Councilmember Imperial: I have enough integrity. I don't sit outside of restrooms when were having a meeting. Mayor Taylor: Mr. Imperial, may I say something. If they interpreted you saying that they were stolen Councilmember Imperial: I said "what if..."what if'... (Multiple comments by audience.) Mayor Taylor: Alright. Mr. Ruiz, you came in late and you had a note here about the Masonic, I believe. Victor Ruiz: Representing Rosemead Masonic Lodge, I was instructed to invite the City Council, staff and the public to our installation of officers on Jan 13 and we will have refreshments and Nina can get a hold of me, give me a count, so whoever is going at one o'clock Jan 13 at the Rosemead Masonic lodge right down the street at 8657. Just right down the street. Everyone is invited and the Council will honor the Masonic lodge by being there and staff also. This is all I have to say. Mayor Taylor: Thank you. Alright, at this time were going to recess to our closed session on three legal issues. Well that's the last of the items that we have. You're welcome to. Ok, that's all we have on the agenda. END VERBATIM SECTION 5. MATTERS FROM CITY MANAGER & STAFF CCM I N: 12-19-06 Page 44 of 45 A. Closed Session: The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a): Conference with Legal Council-Pending Litigation. Name of Case: Flournoy v. City of Rosemead- (Alleged Brown Act Violation) 2) Government Code 54956.9(a): Conference with Legal Council-Pending Litigation. Name of Case: Flournoy v. City of Rosemead- (Seismic Activity) 3.) Government Code 54956.9(c): Conference with Legal Council-Pending Litigation. One Case The Council recessed to close session at 10:05 pm and returned at 10:25 pm. City Attorney Wallin reported that the council authorized the filing of a contract lawsuit against the City of Baldwin Parkin connection with a sales tax sharing agreement. Other than that, no reportable action was taken. 6. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 10:25 PM. The next regular meeting is scheduled for January 23, 2006 at 8:00 pm. This is the only City Council meeting taking place during the month of January. Respectfully submitted: APPROVED: City Clerk MAYOR CC M I N: 12-19-06 Page 45 of 45