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CC - Item 4B - Minutes 08-14-07• MINUTES OF THE SPECIAL MEETING ROSEMEAD CITY COUNCIL August 14, 2007 The special meeting of the Rosemead City Council was called to order by Mayor Tran at 6:45 p.m. in the Council Chambers of City Hall, at 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Mayor Pro Tern Nunez and the invocation was delivered by Councilmember Clark. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PUBLIC COMMENT FROM THE AUDIENCE Juan Nunez, residing at 2702 Del Mar Avenue, indicated his address was listed incorrectly at 2762 Del Mar in previous minutes and asked it be corrected. He also discussed a Councilmember using his positions to get favors. Robert Miranda, discussed use of school district resources by current Councilmembers and political contributions made to Councilmembers. Phyllis Tury, residing at 3143 Sullivan Avenue, addressed the Council about sexual predators in her neighborhood. Ms. Tury requested Council assistance to get them out of her neighborhood. She also inquired about a chicken facility issue previously mentioned. Mayor Tran indicated he spoke to the City Manager to address this issue as there are 37 convicted sexual predators in the City of Rosemead. City Manager Chi indicated the Director of Public Safety Anderson and Lt. Jacob are working on the issue and also commented staff is working on the chicken facility and will contact Ms. Tury to give her an update. Councilmember Clark shared Ms. Tury's concern about sexual predators in Rosemead. 2. PUBLIC HEARING A. Resolution No. 2007-27 - A Resolution of the City Council of the City of Rosemead Ordering the Vacation of Denton Avenue between Garvey Avenue and Virginia Street Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 1 of 16 On June 26, 2007, the City Council adopted Resolution No. 2007-23 declaring its intention to vacate Denton Avenue between Garvey Avenue and Virginia Street, and setting July 24, 2007 as the date for a public hearing on this matter. Due to the lack of a quorum and cancellation of the City Council's July 24, 2007 meeting, the public hearing was rescheduled to August 14, 2007. Recommendation: That the City Council adopt Resolution No. 2007-27 vacating Denton Avenue between Garvey Avenue and Virginia Street. The Public Hearing opened at: 7:03 pm. Rosemead resident Juan Nunez expressed surprise as to why this item was on the agenda as work has already begun. Staff member Alfonso replied that the Public Hearing is the last step in the process. The Public Hearing closed at: 7:08 pm. Councilmember Taylor made a motion with a second by Mayor Pro Tern Nunez to adopt Resolution 2007-27 vacating Denton Avenue between Garvey Avenue and Virginia Street. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 3. CONSENT CALENDAR B. Minutes April 24, 2007 - Regular Meeting June 12, 2007 - Regular Meeting F. Public Transit Fare Increases Currently, the City of Rosemead sells Metro E-Z Transit passes and senior/disabled/Medicare stickers to seniors and disabled persons living in the City of Rosemead. These passes allow for all access to the Metro public transportation system at a reduced rate. The City currently charges $20 for an E-Z Transit pass and $4 for a senior/disabled/Medicare sticker. The actual cost for an E-Z Transit pass is $29 and a senior/disabled/Medicare sticker is $12. The $9 and $8 dollar difference respectively are subsidized by the City. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 2 of 16 • 0 Effective July 1, 2007, the Metropolitan Transportation Authority Board (MTA) increased the cost for the E-Z Transit Pass from $29.00 to $35.00 (a $6 increase) and the senior/disabled/Medicare sticker from $12.00 to $14.00 (a $2 increase). Recommendation: That the City Council increase the cost of an E-Z Transit pass by $6 and a senior/disabled/Medicate sticker by $2 to compensate for the cost increases implemented by the MTA. G. Digital Map Products (DMP) Contract Extension The City currently utilizes Digital Map Products (DMP) as the provider of our Geographic Information Systems (GIS) software data. The City has utilized this internet based on-line service provider since 1999. The GIS program allows City staff to query parcel specific data and have the County assessor's parcel data interact with the City's high resolution aerial photography. This interactive GIS software system has proven to be a valuable tool for City staff to quickly assess property and provide feedback to the public. In addition, the system can be utilized for a variety of land use analysis and presentation functions. The total cost of this service is $12,985. Recommendation: That the City Council take the following action: Authorize the City Manager to execute the contract extension agreement with DMP. Mayor Pro Tern Nunez made a motion with a second by Councilmember Taylor to approve the April 24, 2007 Regular Meeting minutes, the June 12, 2007 Regular Meeting minutes, Item F. Public Transit Fare Increases and Item G. Digital Map Products (DMP) Contract Extension. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Resolution No. 2007-29 Claims and Demands Recommendation: Adopt Resolution No. 2007-29, for payment of City expenditures in the amount of $1,650,374.04 demands 58308 through 58394. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 3 of 16 0 0 Councilmember Taylor made a motion with a second by Councilmember Clark to approve Resolution No. 2007-29. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Resolution No. 2007-30 Claims and Demands Recommendation: Adopt Resolution No. 2007-30, for payment of City expenditures in the amount of $705,889.12 demands 58152 through 58300, 58396 through 58404 and 58410 through 58526. Councilmember Clark opposed the prepayment of legal fees of $52,000 for Garcia, Calderon, and Ruiz. Specifically she questioned the retainer fee and attorney handling of the Construction Management Request for Qualifications. Interim City Manager Chi explained it is the City's practice to pre-issue certain vendor checks and that based on his understanding, it is not unusual to pre-issue checks for the City Attorney. Councilmember Clark questioned what the point of Council approval was if the checks had already been pre-issued. Interim City Manager Chi indicated the Council could change pre-issue procedures if they wished. Mayor Pro Tern Nunez interjected that if bills are prepaid incorrectly an adjustment can be made on the next bill. Councilmember Clark asked that a written policy on pre-payment appear on the next agenda; she also asked the City Attorney's contract be revisited. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to approve Resolution 2007-30. Vote resulted: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None Rosemead City Council Minutes Special Meeting: August 14. 2007 Page 4 of 16 0 0 B. Minutes May 8, 2007 - Regular Meeting June 12, 2007 - Special Meeting July 17, 2007 - Special Meeting All three of the minutes referenced above were deferred at the request of Councilmember Taylor. Councilmember Taylor felt an explanation about employee deferred compensation should be included in the June 12, 2007 meeting minutes. Mr. Taylor surmised that the cafeteria allocation of $1,350 per month per employee would result in a cost to the City of about $600,000. Councilmember Taylor pointed out this compares roughly to the same amount the City was spending with the previous health care provider, CalPERS. Councilmember Taylor quoted a figure of $100,000 going back to employees as personal deferred compensation. He felt the City is liable to pay this amount to employees as the cafeteria plan item passed, but that the financial impact should be explained in the June 12, 2007 minutes. Mayor Pro Tern Nunez felt the minutes as submitted were an accurate representation of what actually happened at the meeting. Councilmember Taylor felt the minutes were short information and felt a financial explanation for the cafeteria plan should be included. Interim City Manager Chi suggested supplemental documentation and financial analysis be attached to the minutes. He explained that previously, the city paid 100% of insurance costs for employees and that by transitioning to a cafeteria plan, every employee receives $1,350 a month to use for medical, vision and dental insurance. Any amount that is not used from the $1,350 or the entire amount if insurance is declined can be used by the employee as deferred compensation. Mr. Chi further commented the cafeteria amount is a fixed cost of $1,350 per month and the Council has discretion to change the amount. City Attorney Garcia interjected the conversation at the moment should focus on the minutes instead of revisiting the cafeteria plan as it was not on the agenda. Councilmember Low clarified that the minutes as written are an accurate representation of what happened at the meeting and suggested the additional information be included as an attachment. Councilmember Taylor asserted the information was discussed at that meeting and should be included in the minutes, not as an attachment. Mayor Tran suggested the June 12, 2007 Special Meeting minutes be deferred so the audio tape can be reviewed. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 5 of 16 0 0 C. Halloween/Oktoberfest Savannah Cemetery Fundraising Event On July 17, 2007, the City Council directed staff to bring back for consideration the possibility of hosting a Halloween/Oktoberfest event to raise funds in an effort to save the Savannah Cemetery. Staff has been coordinating with the citizen group requesting that this event be held and we have made considerable progress in working through issues related to the festival. The community group advocating for this event submitted a draft overview outlining the details related to the event. The celebration is tentatively planned to take place on Saturday, October 27th from 10 a.m. - 9 p.m. on Mission Drive, and to assist with the initiation of this effort, it is recommended that $5,000 in seed money be allocated to the fundraising effort. Prior to the event being proposed, the City had plans to host a Halloween/Fall Festival sometime in late October. Based on this new event being pursed, the staff would recommend that the City host its activities in conjunction with this street fair/fundraiser for the Savannah Cemetery. City staff will coordinate a Halloween Haunted House and carnival/activity booths while the citizen committee, with support from staff, will work to organize the street fair booths for the event. Recommendation: That the City Council take the following action: 1) Formally take the City position of "'Support" for the effort to save Savannah Cemetery. 2) Direct staff to coordinate the City's Halloween/Fall Festival event with the Oktoberfest Savannah Cemetery Fundraising effort. 3) Allocate $5,000 in seed money to assist with the Oktoberfest Savannah Cemetery fundraising effort. Randy Wiggins, the Vice-President of the Savannah Memorial Park Cemetery Board of Directors and Arcadia resident, thanked the Council for their consideration of the topic. He felt the event will be good for the City, especially from an historical perspective. Councilmember Taylor supported the fundraiser as a means to make the cemetery self- sufficient, as he felt the City's taking on of cemetery maintenance would be expensive. Robert Lewis, El Monte resident and Presiding Officer at the Rosemead Moose Lodge spoke in support of the Save Savannah Cemetery effort and fundraiser. Barbara Murphy, residing at 9125 Bentel Avenue, spoke in support of the Savannah Cemetery fundraiser project. Rosemead City Council Minutes Special Meeting. August 14, 2007 Page 6 of 16 0 0 Juan Nunez, residing at 2702 Del Mar Avenue, stated he is willing to donate a day a month for cemetery maintenance; he spoke against using the area for redevelopment purposes. Mayor Pro Tern Nunez made a motion, with a second by Councilmember Clark to support the project in the following way: 1) Formally take the City position of "support" for the effort to save Savannah Cemetery. 2) Direct staff to coordinate the City's Halloween/Fall Festival event with the Oktoberfest Savannah Cemetery Fundraising effort. 3) Allocate $5,000 in seed money to assist with the Oktoberfest Savannah Cemetery fundraising effort. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Resident Barbara Murphy asked Mayor Tran to be the Chairman of the Halloween/ Oktoberfest Savannah Cemetery Fundraising Event. Mayor Tran agreed to be the Chair. D. Adoption of Resolution Electing to Cease to be Subject to the Public Employees Medical and Hospital Care Act Based on City Council action taken at the June 12, 2007 Budget Study Session, staff has prepared and brought back for City Council approval a resolution that would formalize the transition away from PERS as the City's health care provider. By approving Resolution 2007-28, the City Council will formally cease to be subject to the Public Employees Medical and Hospital Care Act retroactive to June 30, 2007. Recommendation: That the City Council adopt Resolution No. 2007-28 to cease to be subject to the Public Employees Medical and Hospital Care Act, ending the City's participation in the medical plans offered by the PERS healthy system effective June 30, 2007. Juan Nunez, residing at 2702 Del Mar Avenue, discussed high employee turnover rates. Rosemead City Council Minutes Special Meeting. August 14, 2007 Page 7 of 16 10 0 Councilmember Clark made a motion to defer the item and referenced a memo from the City's former city attorney. Councilmember Taylor went on record to say he did not receive the memo in his mailbox, while other Councilmembers did. Councilmember Clark referenced three Government Codes regarding this Resolution: 1) Government Code Section 22934 states a contracted agency may not maintain any other health insurance other than PERS prior to ending the contract with PERS. 2) Government Section 55595915 states that if an agency leaves PERS, it can not again contract with PERS healthcare for another five years. 3) A Government Code passed in 1995 that states retired Councilmember health care benefits cannot be paid unless they receive PERS health care benefits. Councilmember Clark summarized that the Council may have acted illegally to contract with CIGNA before ending the contract with PIERS and indicated that if the current resolution is passed it might make it illegal to pay retiree benefits. Interim City Manager Chi stated that that was not true. Councilmember Clark stated that the Attorney General ruled they could but only through PERS. She indicated that while it may not effect herself andjaylor it may effect Nunez. Interim City Manager Chi stated he was confident that the Resolution would not invalidate retiree healthcare benefits. Mr. Chi indicated the council could defer the item and revisit the topic if they wished. Councilmember Clark stated she wanted to defer the item. Mayor Tran asked the City Attorney for his advice. City Attorney Garcia commented there are serious issues related to opting out of PERS and asked if there was a certain time frame action needed be taken. Interim City Manager Chi replied that from staffs perspective, the window to opt out of PERS healthcare closes on August 20 for this year. Participating agencies are given a window of time to opt out after the PERS Board decides to raise their healthcare rates. Another opportunity may exist later on in the year. City Attorney Garcia asked what will happen if the City misses the August 20 window. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 8 of 16 0 0 Interim City Manager Chi replied that it doesn't affect the City one way or the other as current City employees have already transitioned to CIGNA. Retirees are the only ones that are still enrolled in PERS healthcare. Mayor Pro Tem Nunez commented that the Council should be able to defer the item since if the item passes the window of opportunity to pull out of PERS would only effect retired employees. Councilmembers Clark & Taylor stated it would effect all employees. Mayor Pro Tern Nunez asked for clarification. City Manager Chi stated it would only effect retirees since all current employees had already transitioned out. Mayor Pro Tern Nunez wanted to defer the item to make sure. Councilmember Low suggested the Council defer the item for further review. Mayor Tran agreed to defer the item. Interim City Manager Chi commented that if staff misses the window, they might not need to bring it back right away. He committed to keeping the Council informed. E. PERS Contract Amendment Resolution Approval On June 12, 2007, the City Council voted to approve a modified benefits package for employees. Based on direction given at that meeting, staff has been coordinating with CalPERS to finalize the implementation of the 2.7% @55 pension formula with the one-year final compensation calculation for miscellaneous employees. In order to finalize this process, the City Council must first approve a Resolution of Intention. At a future City Council meeting, staff will prepare the final documentation that must be formally approved by the City Council to implement the new pension program. Recommendation: That the City Council approve the attached Resolution of Intention for the purpose of formalizing an amendment to the contract between the Board of Administration for the California Public Employees' Retirement System and the City Council of the City of Rosemead. Juan Nunez, residing at 2702 Del Mar, spoke against this item. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 9 of 16 9 • Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to approve the Resolution of Intention as stated above. Vote resulted: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Councilmember Clark stated for the record that she voted against this item because of the high cost to the City for the one-year final compensation calculation for miscellaneous employees. H. Ratify Appointment of Traffic Commissioners and Planning Commissioners The City Council interviewed candidates for the Traffic Commission on May 8, 2007. Following the interviews, the Council announced the appointment of three commissioners: Holly Knapp, Ronald Gay, and Janet Chin. Interviews for new Planning Commissioners were held on May 14, 2007. The City Council appointed five commissioners as a result of those interviews: Allan K. Vuu, Larry Bevington, Daniel Lopez, Todd Kunioka, and Truong Cam. Based on the City's Municipal Code, Section 2.28.020 Members- Terms-Vacancies (Planning Commission), members of the Planning Commission shall have a term of office of two years, from the date of appointment. Section 2.32.040 Term - (Traffic Commission), voting members of the Traffic Commission shall serve for terms of two years. These appointments need to be ratified in an open meeting of the City Council. Recommendation: That the City Council appoint the following three individuals to the Traffic Commission for two year terms effective May 8, 2007: Holly Knapp, Ronald Gay, and Janet Chin, and the following five individuals to the Planning Commission for two year terms effective May 14, 2007: Allan K. Vuu, Larry Bevington, Daniel Lopez, Todd Kunioka, and Truong Cam. Councilmember Taylor asserted that minutes need to be completed for both Traffic and Planning Commission interview meetings. He commented that the appointment of new Traffic Commissioners was ratified at a City Council meeting but that this did not happen for the appointment of new Planning Commissioners. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 10 of 16 0 0 Staff and council were unsure if interviews needed to take place in open or closed session. As a result, staff was asked specifically to not attend. Since the City Clerk did not attend the interviews, minutes were not created. After discussion, this item was deferred until the next meeting. The City Clerk was instructed to review the audio tape submitted by Councilmember Taylor and submit draft minutes to properly document the actions taken at the Planning Commission interviews. Authorization to Attend the Technical Track for Clerks (TTC) Seminar Series 200, September 4 - 7, 2007 For your consideration is information regarding the Technical Track for Clerks (TTC), Series 200 Seminar, set to take place September 4 to 7, 2007 in Riverside, California. Seminar sessions will include: Origins and Formation of Social and Political Systems, Election Law and Procedures, Local Government Finance, Codification, Technology in the Clerk's Office, Team/Group Decision Making, Communication Skills, Organizational Values and Ethics and The Clerk as a Professional. Recommendation: Staff recommends that the City Council authorize the Assistant to the City Clerk to attend the Technical Track for Clerks Seminar at City expense. Jim Flournoy, residing at 8655 Landisview Lane, spoke in support of staff training and indicated other departments might also benefit from sending staff to training opportunities relevant to their departments. Mayor Pro Tern Nunez made a motion with a second by Councilmember Low to authorize the Assistant to the City Clerk to attend the Technical Track for Clerks Seminar. Vote resulted: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None The Council recessed at 8:10 pm and returned at 8:20 pm. 4. MATTERS FROM MAYOR & CITY COUNCIL A. Interviews and Potential Selection of a New Construction Management Firm Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 11 of 16 • • The City Attorney has coordinated an RFQ/RFP process for the selection of a new construction management firm. Recommendation: The City Attorney recommends that the City Council interview and select a new construction management firm. Jim Flournoy, residing at 8655 Landisview Lane, suggested Public Works and the Building Department receive in-service training. He advocated that the selected firm be trained about seismic issues and provide feedback to the Council and staff. City Attorney Garcia reported the RFQ went out to six construction management companies and was advertised on website. Two responses were received by the Interim City Manager by the stated deadline of 4:00 pm on Thurday. Councilmember Taylor asked if it was a legal requirement that the RFQ be published in the newspaper. City Attorney Garcia stated he was not aware of a legal notice publication requirement and pointed out it was posted on the City's website. Councilmember Taylor indicated he did not receive the proposals until 8:00 pm the night before and felt he did not have enough time to review the firm proposals. Councilmember Clark questioned the lack of information on the agenda description of item; she felt the firms that applied should have been listed. The deadline to submit proposals was 4:00 pm on Thursday; she inquired why they were not included in the agenda packets. Interim City Manger Chi and Community Development Director Saeki indicated the packets were stamped in by the receptionist and delivered by Mr. Saeki to Mr. Chi's office. Mr. Chi indicated he had not seen the proposals until Monday. Councilmember Clark against asked why the proposals were not included in the agenda packets. Interim City Manager Chi replied that agenda packets are usually ready to go by Thursday mid-day and since proposals weren't received until 4:00 pm there wasn't enough time to include them. Councilmember Clark suggested a memo could have at least been written listing the firms or a delivery could have been made on Friday. Interim City Manager Chi apologized, took responsibility and indicated he did not have full control over the coordination process. Councilmember Clark asserted the public has a right to know and Mr. Chi agreed. Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 12 of 16 Councilmember Taylor requested a two week deferral. Mayor Pro Tern Nunez thought the rush on the timeline was because there would only be one meeting August. Councilmember Taylor asked if their regular meeting on August 28 would take place. Interim City Manager Chi confirmed a meeting is scheduled for August 28. Mayor Tran asked if deferral of the item would impact a Closed Session decision. City Attorney Garcia replied that it would not and recommended the item be deferred. The Council deferred the item and staff will bring it back on the 28tH B. Councilmember Clark has requested that the City Council engage in the discussion of the current City Attorney's billing practices for potential action Jim Flournoy, residing at 8655 Landisview Lane, commended Planning staff for their efforts to come up with protocols for seismic reports but indicated that some work needs to be completed by the City Attorney. He asserted high legal billing may exist because the City has deferred maintenance legal items. In addition, Mr. Flournoy reminded the Council that at the last meeting, he had requested that Gloria Romero's Brown Act Bill be listed on agenda. He also suggested the City institute a new ordinance to recoup money from project proponents. Ron Gay, residing at 4106 Encinita Avenue, congratulated the Council on their selection of Burke Williams and Sorenson as the CDC attorney. He expressed concern about development under high tension wires. He suggested caution in setting a nationwide precedent in utilizing a legal loophole. Mr. Gay also expressed concern about high fees and types of items charged by the City Attorney. Councilmember Clark commented that the Community Development Commission Agency Attorney selection and Construction Management RFQ that the City Attorney coordinated was not technical in nature and could have been handled by staff to avoid the $210 per hour charge. Ms. Clark indicated she was willing to revisit the City Attorney's contract and suggested a budget be specified for certain items. She advocated more openness when bills get approved and felt the City cannot afford $52,000 a month in attorney fees on an on-going basis. Mayor Tran conceded that the $52,000 bill was high but pointed out the Council has an itemized list of charges and that a lot of activity requiring legal review has taken place recently. He also indicated the charges were comparable to the $343,000 per year that was paid to the previous City Attorney (Mr. Kress). Mr. Kress's expenses included fees Rosemead City Council Minutes Special Meeting: August 14, 2007 Page 13 of 16 9 0 for the City, CDC, travel to conferences, meeting expenses, a monthly retainer, and lifetime health care and retirement costs. Mayor Tran pointed out that the current City Attorney does not charge the City for health care, retirement, or conferences and that the City will continue to pay for the previous City Attorney's retirement and medical costs for life. Councilmember Taylor pointed out medical costs will reduce at some point, as at age 65 Mr. Kress will go into Medicare and that retiree health costs and retirement pension costs were deducted out of his monthly retainer. Councilmember Low commented that Mr. Kress may have charged less but the City incurred additional costs that are not obvious. Ms. Low stressed the need to be mindful of budgetary concerns and suggested the City Attorney come up with a different retainer fee that might include telephone contacts, travel, standing meetings, reviewing agendas, etc. She indicated legal review will save the City from lawsuits in the long run, but the City also needs to watch spending and utilize staff whenever possible. Interim City Manager Chi clarified that the Council consensus was requesting he negotiate a new agreement with the City Attorney and bring it back for Council review. Councilmember Taylor made a motion to put this conversation in the minutes verbatim. Mayor Pro Tem Nunez pointed out the cost of producing verbatim minutes is very high and takes staff away from doing other work. Councilmember Taylor offered to transcribe the minutes. Councilmember Low agreed with Mayor Pro Tem Nunez and felt the Council had gotten their point across and an agreement has been reached to have the City Manager work with the City Attorney. Mayor Pro Tern Nunez suggested it might be more cost effective to video tape Council meetings. Councilmember Taylor protested the Council meeting starting time, as the starting time had been established by Ordinance. He asked why the last few meetings have started at different times. Interim City Manager Chi replied the reason was to ensure a smooth transition between the interviews and the meetings. Councilmember Taylor replied that a smooth transition could have been achieved by scheduling a break between the interviews and the meetings. Rosemead City Council Minutes Special Meeting. August 14, 2007 Page 14 of 16 0 0 Mayor Tran pointed out that Councilmember Taylor was the only Councilmember that objected. He indicated they asked the meetings start earlier to accommodate the interviews and content heavy meetings. 5. MATTERS FROM CITY MANAGER & STAFF - None 6. CLOSED SESSION The City Council will recess to a Closed Session pursuant to: 1) Government Code 54956.9(a): Conference with Legal Counsel - Existing Litigation Name of Case: City of Rosemead v. City of Baldwin Park 2) Government Code 54956.9(a): Conference with Legal Counsel - Existing Litigation Name of Case: Mazone v. City of Rosemead 3) Government Code Section 54957: Public Employee Performance Evaluation Title: City Attorney Councilmember Taylor stated for the record that he was not going into Closed Session because City Attorney Garcia gave him a four page document at 8:15 pm that night and Mr. Taylor did not have a chance to review it. Councilmember Taylor clarified that he had specifically requested a copy of the investigator's report a month ago from the City Attorney and Interim City Manager. Councilmember Taylor referenced a newspaper article from the July 23, 2007 San Gabriel Valley Tribune titled "Allegations Against Nunez Stroke Debate at Council" which reported Councilmember Taylor's request in the newspaper. City Attorney Garcia cautioned Councilmember Taylor to not disclose anything from the previous Closed Session and cautioned the rest of Council to not engage in discussion with Councilmember Taylor on topics not listed on the agenda. Councilmember Taylor asked City Attorney Garcia about a personal civil case he is involved with before a Grand Jury. Mayor Tran recessed to closed session at 9:08 pm. The Council emerged from closed session at 10:42 pm. Mayor Tran announced that no reportable action resulted in closed session Rosemead City Council Minutes Special Meeting: August 94, 2007 Page 15 of 16 7. ADJOURNMENT 0 The meeting adjourned at 10:43 pm. The next regular City Council meeting is scheduled to take place on August 28, 2007 at 7:00 pm. Respectfully submitted: APPROVED: Nina Castruita John Tran CITY CLERK MAYOR Rosemead City Council Minutes Special Meeting. August 14, 2007 Page 16 of 16