Link

Social

Embed

Download

Download
Download Transcript

[ CALL TO ORDER: Council Chamber INVOCATION: City Attorney Jones PLEDGE OF ALLEGIANCE: Councilmember Gomez ROLL CALL: Mayor Beamish Mayor Pro Tem Espinoza Councilmember Gomez Councilmember Medrano Councilmember Shaw]

[00:00:11]

I WILL NOW CALL IT THE ORDER, THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA HABRA OF NOVEMBER TWO, 2020 AT THE RECORD REFLECT THAT IT IS 6:30 PM.

DMD LOCATION WILL BE GIVEN BY A CITY ATTORNEY.

RICHARD JONES FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER GOMEZ.

IF YOU'D ALL STAND DICK, IF YOU WOULD DEAR HEAVENLY FATHER, WE HUMBLY BOW OUR HEADS.

AS WE GATHER HERE TO THE DO THE IMPORTANT BUSINESS FOR THE CITY OF ALHAMBRA, OUR HEARTS ARE FULL OF GRATITUDE THIS EVENING FOR THE OPPORTUNITY TO CELEBRATE DEMOCRACY.

AS WE PREPARE TO VOTE TOMORROW, WE'RE BLESSED WITH THE MANY FREEDOMS THAT HAVE BEEN BESTOWED UPON US.

AND MAY WE CELEBRATE THE IMPORTANCE OF BEING ABLE TO VOTE IN AN OPEN AND FAIR AND FREE ELECTION.

WE ASKED YOU TO CONTINUE TO BLESS THOSE WHO ARE FIRST RESPONDERS, THAT THEY CONTINUE TO PROTECT AND DEFEND OUR CITIES.

UH, MANY CITIZENS WE'RE GRATEFUL FOR THEIR SACRIFICES AND THEIR COMMITMENT TO OUR COMMUNITY.

WE ASK YOU TO BLESS THE CITY COUNCIL THIS EVENING WITH AN OPPORTUNITY TO DO THAT, WHICH IS BEST FOR ALBA HARBOR AND DO IT WITH WISDOM AND INSIGHT.

AND WE SAY THESE THINGS HUMBLY AND ANYBODY SENT JESUS CHRIST, MAN.

GOOD MAN, PLEASE, PLEASE, PLEASE.

THE FLAG.

AND REPEAT AFTER ME, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

WILL THE CLERK PLEASE CALL THE ROLL COUNCIL MEMBER SHAW COUNCIL MEMBER MEDRANO, COUNCIL MEMBER GOMEZ, MAYOR PRO TEM ESPANOZA.

YEAH, MAYOR BEAMISH.

YEAH.

ARE THERE ANY CLOSED SESSION ANNOUNCEMENTS, MR. MAYOR? THANK YOU.

[1. PROCLAIM NOVEMBER 8-14, 2020, AS "NATIONAL NURSE PRACTITIONER WEEK" IN THE CITY OF LA HABRA]

THEN AT THIS TIME, WE'LL GO TO PROCLAMATIONS PRESENTATIONS.

THE FIRST ONE IS TO PROCLAIM NOVEMBER EIGHT THROUGH 14, 2020 IS NATIONAL NURSE PRACTITIONER WEEK IN THE CITY OF ALHAMBRA.

AND WE HAVE A PERSON THAT PICK IT UP THERE.

SHE IS.

BEFORE YOU START, I WANTED TO SAY A COUPLE THINGS.

FIRST OF ALL, WE HAVE THIS PROCLAMATION AND I JUST WANTED TO READ PARTS OF IT.

IT STARTS OUT AS WHEREAS NURSE PRACTITIONERS SERVE AS TRUSTED FRONTLINE PROVIDERS OF HEALTH CARE FOR PATIENTS IN CALIFORNIA.

AND IT GOES INTO A LOT OF, WHEREAS IS, BUT DOWN AT THE BELOW, IT SAYS NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL, THE CITY OF HARBOR IN RECOGNITION OF THE COUNTLESS CONTRIBUTIONS THAT NURSE PRACTITIONERS HAVE MADE OVER THE PAST HALF CENTURY AND WE'LL CONTINUE TO MAKE TO THE HEALTH AND WELLBEING OF CITIZENS IN OUR STATE HEREBY PROCLAIMS, NOVEMBER 8TH THROUGH 14, 20, 20 AS NURSE PRACTITIONER WEEK IN THE CITY OF LA HOMBRE.

AND I WOULD JUST ADD, I PROBABLY SEE A NURSE PRACTITIONER MORE OFTEN THAN I SEE MY REGULAR DOCTOR.

SO THERE YOU GO.

LIKE THE NEXT SOME COMMENTS.

WELL, I JUST WANT TO THANK THE COUNCIL FOR INVITING ME HERE.

IT'S AN HONOR.

UH, MY NAME IS ANDREA VASQUEZ.

I'M A RESIDENT OF LAHABRA AND I'VE BEEN IN NURSING FOR 20 YEARS NOW.

I CURRENTLY PRACTICE IN LA AND IT'S REALLY NICE JUST DURING THIS DIFFICULT TIME THAT WE'RE ALL FACING, UM, FIRST RESPONDERS AS WELL.

I APPRECIATE YOU.

AND, UM, THIS HAS BEEN THE MOST DIFFICULT TIME THAT WE'VE ALL ENDEAVORED AND JUST THE STRESS THAT WE GO THROUGH EVERY DAY.

I DON'T THINK ANY OF YOU CAN REALLY IMAGINE AND TO BE RECOGNIZED IS I'M TRULY GRATEFUL.

SO THANK YOU VERY MUCH.

THANK YOU.

THANK YOU EVERYBODY.

BE SAFE PLEASE.

AND DID WE JUST HAVE ONE OUT THERE? IS THERE JUST THE ONE? OKAY.

THANK YOU.

GOD BLESS YOU ALL.

THANK YOU.

[2. PROCLAIM NOVEMBER 2-9, 2020, AS "LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL WEEK" IN THE CITY OF LA HABRA]

AND THE NEXT ONE IS WE ARE HERE TO PROCLAIM NOVEMBER TWO THROUGH NINE 2020 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL WEEK IN THE CITY OF , WHICH PLAY A VERY IMPORTANT ROLE IN THE POLICE DEPARTMENT.

DOES ANYBODY HERE TO TAKE THE PROCLAMATION, MAKE A COUPLE OF COMMENTS? OH, MAYBE THE CHIEF WOULD LIKE TO DO THAT.

THANK YOU.

THANK YOU, MR. MAYOR.

UM, RECORD'S WEEK IS, UH, IT'S IMPORTANT.

EVERY WEEK.

OUR RECORDS PERSONNEL DO ARE THE, SOME OF THE UNSUNG HEROES AT THE POLICE DEPARTMENT PROCESSING THE PAPERWORK, UH, DEALING WITH THE FRONT COUNTER, PROVIDING GREAT CUSTOMER SERVICE TO THE COMMUNITY.

THEY GO BEHIND, BEHIND THE SCENES A LOT OF TIME, BUT THEIR, UH, THEIR WORK IS VERY VALUABLE AND NEEDED.

[00:05:01]

IT COULD BE AS SIMPLE AS ENTERING STOLEN VEHICLE INFORMATION TO MAKE SURE IT GETS INTO THE LAW ENFORCEMENT NETWORK.

IT'S PROVIDING REPORTS TO PEOPLE THAT NEED THEM AND PROVIDING OTHER ASSISTANCE AT THE COUNTER.

THEY DO A GREAT WORK FOR US DAY IN AND DAY OUT.

AND UH, THANK YOU VERY MUCH, MAYOR AND COUNCIL.

WE APPRECIATE YOU TAKING THE TIME TO ACKNOWLEDGE THE WORK THAT THEY'RE DOING.

THANK YOU.

THANK YOU, JERRY.

[ PUBLIC COMMENTS: When addressing the City Council, please complete a Speaker’s Card before leaving the Council Chamber. This is the time for the public to address any item of interest to the public that is within the subject matter jurisdiction of the City NOT appearing on this Agenda. Speakers must limit their comments to three (3) minutes each. The total time period for public comment is 30 minutes. Per Government Code Section 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda. ]

WE WILL NOW GO TO PUBLIC COMMENTS WHEN ADDRESSING THE CITY COUNCIL, PLEASE COMPLETE A SPEAKER'S CARD BEFORE LEAVING THE COUNCIL CHAMBER.

THIS IS THE TIME FOR THE PUBLIC TO ADDRESS ANY ITEM OF INTEREST TO THE PUBLIC THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY, NOT APPEARING ON THIS AGENDA.

SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES.

EACH THE TOTAL TIME PERIOD FOR PUBLIC COMMENT IS 30 MINUTES PER GOVERNMENT CODE SECTION FIVE, FOUR NINE FIVE 4.38.

THE CITY COUNCIL CANNOT TAKE ACTION OR EXPRESS CONSENSUS OF APPROVAL OR DISAPPROVAL ON ANY PUBLIC COMMENTS REGARDING MATTERS, WHICH DO NOT APPEAR ON THE PRINTED AGENDA.

AND WE HAVE ONE SPEAKER.

HELLO, MY NAME IS TIM NELLIE.

I LIVE IN WHITTIER, CALIFORNIA.

UM, I'M A SPEAR TO SPEAK ON THE ISSUE ON WHITTIER BOULEVARD.

UH WE'RE UH, O'REILLY AUTO PARTS IS WHERE THE WHITTIER BOULEVARD GOING EAST, GOING TO HASI AND, UH, UH, SOUTHWEST, UH, ALL DUG UP AND YOU CAN'T GET INTO THE PARKING LOT.

I WANNA KNOW WHEN IT'S GOING TO BE ISSUED.

YOU WANT TO KNOW WHEN WHAT'S GOING TO BE FIXED WHEN IT'S GOING TO BE, WHEN IT WILL BE COMPLETED.

WHEN'S IT GOING TO BE COMPLETED? I HAVE A MAN HERE THAT MIGHT BE ABLE TO TELL YOU THAT WE HAVE IN JANUARY.

WOW.

OKAY.

SO I HAVE TO GET THROUGH CHRISTMAS.

OKAY.

YES.

ONE OF THEM, I SPOKE WITH SOME ENGINEER HERE, THE OTHER ARAB, LIKE A WEDNESDAY OR THURSDAY LAST WEEK.

AND HE SAID HE WAS GOING TO SPEAK TO SOMEONE AND O'REILLY'S.

CAUSE I GOT THE OWNER WAS, WAS SAYING THAT THEY WERE LOSING LIKE A THOUSAND DOLLARS A DAY BECAUSE THEY, BECAUSE THE CUSTOMER CAN'T GET IN AND OUT OF THIS PLACE, THEY HAVE THE PARKING PARKING TURNINGS ALL BLOCKED OFF BECAUSE THE GUYS WHO WORKED ON THE STREET.

YEAH.

I'M JUST TRYING TO THINK OF O'REILLY'S.

I THINK YOU CAN GET IN THROUGH AWFUL IDAHO, BUT YEAH.

WELL WE'RE WORKING AS QUICK.

I DON'T, I DON'T LIVE DOWN HERE.

SO I'M ASKING, RIGHT.

THANK YOU.

THANK YOU.

THANK YOU.

OKAY.

IS THERE ANYBODY ELSE OR IS IT JUST THE ONE SPEAKER? HI, GOOD EVENING CITY COUNCIL.

MY NAME'S MATT GRIPPY.

UM, I'M CALLING ON THE COUNCIL TO REVIEW THE CITY'S LIABILITY REGARDING WILL HARBOR SKATE PARK.

I'M TALKING SPECIFICALLY ABOUT THE NEW HELMET RULE THAT IS INTRODUCED UPON THE REOPENING OF THE PARK.

A LOT OF SKATERS, INCLUDING MYSELF, HAVE TURNED AWAY FROM THE PARK BECAUSE OF THIS NEW HELMET REQUIREMENT, THE 26 YEARS OLD.

IT SHOULD BE MY ADULT DECISION, WHETHER I WANT TO WEAR A HELMET OR NOT.

I KNOW THE RISKS ASSOCIATED WITH SKATEBOARDING, THE SKATE PARK GUIDELINES THAT ARE POSTED AT THE ENTRANCE TO THE PARK STATE.

FIRST AND FOREMOST, THAT YOU QUOTE SKATE AND UTILIZE THE PARKSIDE AT YOUR OWN RISK AND QUOTE.

THIS IS LISTED AT EVERY SKATE PARK.

IT MEANS THAT THE SKATERS ASSUMES FULL RESPONSIBILITY.

IN THE CASE OF AN INJURY, THE HELMET REQUIREMENT ON TOP OF THIS, IT'S NOT ONLY CONTRADICTORY, BUT UNNECESSARY.

I STOPPED BY THE SKATE PARK A FEW TIMES OVER THE LAST FEW WEEKS TO CHECK IT OUT.

AND MOST OF THE TIME IT'S A GHOST TOWN.

I STOPPED BY LAST NIGHT AND THERE WAS THREE SECURITY GUARDS AND ONLY ONE SKATER.

HOW DOES THIS PAN OUT DURING THE CITY'S BUDGETING PROCESS? THE SECURITY GUARDS TOLD ME THEY HAD SEEN A LOT OF SKATERS COME TO THE PARK.

ONLY THE TURN AWAY WHEN THEY'RE TOLD THEY NEED TO WEAR A HELMET.

I KNOW THE COUNCIL MEMBERS ARE CONCERNED ABOUT THE FINANCIAL IMPACT OF THE CITY'S ACTIONS.

WELL, I'M ONE OF THE MANY SKATERS WHO WERE GOING TO OTHER SKATE PARKS AND SPENDING MY MONEY IN OTHER CITIES WHERE THEY RESPECT OUR FREEDOM OF CHOICE.

I ACTUALLY GOT A TICKET FOR NOT WEARING A HELMET AT LA HARBOR SKATE PARK IN 2009, WHEN I WAS 15.

AT THE TIME THE POLICE WERE COMING BY THE PARK QUITE REGULARLY, ISSUING TICKETS FOR NO HELMET.

THIS DIDN'T MAKE US START WEARING HELMETS.

IT JUST MADE US JUMPY AT THE SIDE OF A POLICE CAR, DRIVING ON IDAHO STREET, SOMEONE WOULD YELL FIVE-O AND WE'D ALL RUN OUT OF THE PARK OR STOP RIDING IMMEDIATELY AND SIT DOWN TO LOOK LIKE WE WEREN'T RIDING THIS SORT OF POLICING DID MORE HARM THAN GOOD.

IT MADE US RESENTFUL TOWARDS LAW ENFORCEMENT OFFICERS FOR ENFORCING A STUPID RULE.

AND IT WIDENED THE GAP BETWEEN LAW ENFORCEMENT AND SKATERS.

THE ONLY THING THAT BENEFITED WAS THE CITY'S WALLET.

MOST OF THE SKATERS THAT ONCE WROTE AT LAHABRA SKATE PARK, AND NOW I'M GOING TO OTHER SKATE PARKS WHEN THEY'RE NOT PLAYING NANNY WITH THEM, I'VE BEEN A PATRON AT WILL HARBOR SKATE PARK FOR 13 YEARS, BUT I HAVEN'T WRITTEN IT SINCE IT REOPENED BECAUSE I DISAGREE WITH YOU REQUIRING AN ADULT, WEAR A HELMET, ALL THOSE WITH THE LAST STATEMENT ON SKATE PARK GUIDELINES, SIGN AT THE ENTRANCE TO THE PARK QUOTE, THE CITY OF LA HARBOR ESCAPE, HEART OF THE CITY OF LA HOMBRE DOES

[00:10:01]

NOT ASSUME ANY RESPONSIBILITY FOR THE SAFETY OF USERS OF THE SKATE PARK, INCLUDING ANY INCIDENTS OR INJURIES OCCURRING AT THE SKATE PARK.

I'M PROPOSING THAT THE CITY COUNCIL TAKE A VOTE ON REMOVING THE HELMET REQUIREMENT AT LA HARBOR SKATE PARK.

THANK YOU, MATT.

DID YOU FILL OUT A CARD? I DID, YES.

OKAY.

SO WE HAVE YOUR CONTACT INFORMATION.

I CAN HAVE OUR COMMUNITY SERVICES DIRECTOR GIVE YOU A CALL, BUT JUST QUICKLY BEFORE YOU GO, HOW THIS CAME ABOUT IS IN THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA.

THEY MANDATE THAT AN OPERATOR OF A SKATE PARK SHALL NOT PERMIT A PERSON TO RIDE A SKATEBOARD OR OTHER WHEELED RECREATIONAL DEVICE IN THE PARK, UNLESS THAT PERSON IS WEARING A HELMET, ELBOW, PADS AND KNEE PADS, AS YOU SAY, A LOT OF SKATERS DON'T AND IT KIND OF MANDATES THAT THE LOCAL AGENCY ADOPT THAT ORDINANCE, WHICH WE DID ON A, AT AN ORDINANCE HERE ABOUT ALL PERSONS AND THE SECURITY GUARDS ARE THERE FIRST OFF BECAUSE OF THE COVID-19 RESTRICTIONS.

THAT'S WHAT THEY'RE PRINCIPALLY THERE FOR.

BUT BECAUSE THEY'RE THERE SUPERVISING, THEN WE ALSO HAVE TO ADHERE TO THE POSTED RULES.

SO OTHER THAN THAT IS WHAT I CAN HAVE.

LIKE I SAID, KELLY, GIVE YOU A CALL AND YOU CAN GET INTO MORE DETAIL ABOUT IT, BUT THAT'S THE GENESIS OF WHERE THIS CAME ABOUT.

ALL RIGHT, THANKS.

THANK YOU, MR. MAYOR.

I MAY ASK THAT WE TEMPORARILY TAKE A RECESS.

I UNDERSTAND THAT THERE'S NO SOUND IN THE ATRIUM.

I RECEIVED SOME TEXT MESSAGES FROM RESIDENTS.

OH, OKAY.

AND YOU DIDN'T GET THAT ISSUE.

TECHNICAL DIFFICULTY RESOLVED.

WE'RE GETTING LESS DOWN THERE TO TAKE CARE OF IT.

OKAY.

WELL, WE'LL TAKE A RECESS.

THAT'S A COUPLE OF MINUTES.

THANKS.

WE'RE RECESSED.

MAYBE I WON'T NEED IT.

WE'LL SEE.

OKAY.

EVERYBODY'S BACK HERE.

OKAY.

OUR MEETING IS BACK IN SESSION AND WE HAVE ANOTHER PUBLIC SPEAKER HERE IN PUBLIC COMMENTS.

THANK YOU FOR HAVING ME.

UM, I BELIEVE THE GENTLEMAN WHO WENT BEFORE ME PRETTY MUCH COVERED THE TOPICS I ACTUALLY WANTED TO HIT AS WELL, BUT I WOULD LIKE TO REITERATE THAT I DO THINK ADULTS SHOULD HAVE THE CHOICE OF WHETHER OR NOT THEY WOULD LIKE TO WEAR A HELMET AT THE SKATE PARK.

I THINK THAT'S A PRETTY STANDARD RISK UPON ONE ONESELF, NOT AFFECTING ANYONE.

UH, YOU DID EXPLAIN WHY THAT IS NOT HAPPENING RIGHT NOW.

AND I DO RESPECT THAT, BUT I JUST WOULD LIKE TO SUPPORT THAT.

AND ON TOP OF THAT, I WOULD LIKE TO POINT OUT THAT I'M JUST, I DON'T REALLY AGREE WITH GENERALLY THE WAY YOU GUYS ARE TREATING THE PARKS.

UH, JUST DETERRING PEOPLE FROM GOING AND GETTING EXERCISE.

THERE REALLY AREN'T A LOT OF OUTDOOR AREAS THAT PEOPLE CAN GO AND BE RECREATIONAL.

AND THAT'S VERY IMPORTANT.

AND IF WE LOOK AT THE COVID DEATHS, IT'S UPWARDS OF 200,000 IN THE U S A W, WHICH IS NOTHING TO TAKE LIGHTLY, OF COURSE, BUT THE OBESITY DEATHS IN THE U S ARE 300,000 PLUS.

AND HOW MANY OF THE COVID DEATHS HAVE CO-MORBIDITIES THAT ARE OBESITY? I JUST THINK IT'S SOMETHING TO CONSIDER IN APPROACHING THE HEALTH OF OUR COMMUNITY.

THANK YOU.

THANK YOU.

APPRECIATE YOUR TIME.

THAT'S OUR FINAL SPEAKER FOR PUBLIC COMMENTS.

YEP.

ALL RIGHT.

THANK YOU.

THEN I'LL CLOSE PUBLIC COMMENTS.

WE'LL GO TO THE

[ CONSENT CALENDAR: All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Councilmember or member of the audience requests separate action or removal of an item. Removed items will be considered following the Consent Calendar portion of this agenda. Members of the audience will have the opportunity to address City Council on removed items at that time. Speakers must limit their comments to three (3) minutes each.]

CONSENT CALENDAR.

ALL MATTERS ON CONSENT.

CALENDAR ARE CONSIDERED TO BE ROUTINE AND IT WILL BE ENACTED BY ONE MOTION UNLESS A COUNCIL MEMBER OR MEMBER OF THE AUDIENCE REQUESTS, SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

MEMBERS OF THE AUDIENCE WILL HAVE THE OPPORTUNITY TO ADDRESS CITY COUNCIL ON REMOVED ITEMS. AT THAT TIME, SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES.

EACH THE CONSENT CALENDAR APPEARS ON PAGES THREE THROUGH FIVE ON THE AUDIENCE AGENDA WITH STAFF LIKED TO REMOVE ANY ITEMS. UH, BEFORE WE PROCEED WITH THAT, MR. MAYOR REGARDING ITEMS SEVEN AND 12, WE'LL BE RECUSING OURSELVES ON THOSE TWO ITEMS. NUMBER SEVEN, BECAUSE IT INVOLVES COUNT DOMESTIC.

I STILL ON THAT.

WELL, BECAUSE IT'S THE PROPERTY JOINING MY PROPERTY.

MR. STEALS, YOUR PRESIDENCY READ RUBS TO THE CITY ON ANY LEGAL MATTERS ASSOCIATED WITH ITEM NUMBER 12.

ALL RIGHT.

THANK YOU.

THE RECORD WILL NOTE THAT THE MAYOR STAFF HAS NO ITEMS THAT WE WISH TO PULL.

THANK YOU, COUNSEL.

ANYBODY WANT TO PULL AN ITEM? MR. MAYOR? I WILL ABSTAIN AN ITEM NUMBER 12.

UH, LET'S SEE.

12.

OKAY.

THE RECORD WILL NOTE THAT COUNCIL MEMBER GOMEZ IS ABSTAINING THE ITEM 12 MAYOR.

BMES.

I WOULD LIKEWISE A ABSTAIN ON ITEM TWO, UH, 12.

OKAY, SO IT'S 10, UH, COUNCIL MEMBER SHAW ALSO ABSTAIN ON ITEM 12.

ANYONE ELSE WANT TO ABSTAIN OR PULL AN ITEM? NO, I OH, MS. MARILYN, CAN I MAKE A MOTION TO APPROVE THE CONSENT CALENDAR? NOTING THE OBSESSIONS OF MYSELF AND COUNCIL MEMBERS ON ITEM NUMBER 12, NOTING THE DIC, UH, COUNCIL MEMBER.

I'M SORRY, HERE AT 30.

DICK JONES

[00:15:01]

HAS ALSO LEFT AND WE HAVE ANOTHER ATTORNEY PRESENT FOR THESE ITEMS. THAT'S MY MOTION.

SO THERE WE NEED TO HAVE AUDIENCES.

THAT'S ALL RIGHT.

ANYBODY? I JUST WANT TO PULL AN ITEM.

WE STILL HAVE NOBODY OVER NEXT DOOR, CORRECT? IF SOMEONE'S WATCHING THAT RIGHT.

OKAY.

NO ONE IN THE AUDIENCE AND NOW WE'LL CALL IT REACTION.

GO, GO AGAIN, JEN.

OKAY.

I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.

NOTING A COUNCIL MEMBER BASHAW ALONG WITH MYSELF, UH, ABSTAINING ITEM NUMBER 12, AND OUR ATTORNEY RICHARD D. JONES, UH, HAS SUBSTITUTED ANOTHER ATTORNEY IN THE MEANTIME WHILE THE VOTE IS TAKEN.

IS ABSTAINED THERE A SECOND, SECOND MOTION TO SECOND.

WILL THE CLERK PLEASE CALL THE ROLL COUNCIL MEMBER MADRANO YES.

COUNCIL MEMBER SHAW.

YES.

COUNCIL MEMBER GOMEZ.

YES.

MAYOR PRO TEM ESPANOZA.

YES.

MAYOR BEAMISH.

YES.

YES.

THANK YOU.

[1. CONSIDER LETTERS TO THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION That the City Council review the attached letters and provide direction to staff.]

WE WILL.

THOSE TWO CONSIDERATION ITEMS. THERE'S BECAUSE THERE'S NO PUBLIC HEARINGS.

AND SO CONSIDERATION ITEM ONE, ANY MEMBER OF THE AUDIENCE MAY REQUEST TO ADDRESS THE CITY COUNCIL ON ANY CONSIDERATION ITEM PRIOR TO THE CITY COUNCIL, TAKING A FINAL VOTE ON THE ITEM, THE MAYOR WILL INVITE INTERESTED PERSONS TO COME FORWARD TO THE PODIUM AND SPEAK AS EACH ITEM IS CALLED.

SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES EACH, UH, ITEM ONE, CONSIDER LETTERS TO THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE IN CALIFORNIA, FAIR POLITICAL PRACTICES, COMMISSION STAFF REPORT.

UH, YES.

ON BEHALF OF THE CITY, THE CITY ATTORNEY WILL RESPOND.

THE FIRST ITEM IS A POTENTIAL CONFLICT OF INTEREST, UH, WITH RESPECT TO THIS ITEM, UM, I'VE SPOKEN TO MR. SHAW REGARDING THIS PARTICULAR SITUATION.

I'VE ANALYZED THE FACTS AND CIRCUMSTANCES SURROUNDING IT.

AND I BELIEVE HE HAS A CONFLICT OF INTEREST.

HOWEVER, A CONFLICT OF INTEREST IS DETERMINED BY THE COUNCIL MEMBER AND THEREFORE IS HIS DECISION AS TO WHETHER HE WANTS TO CHOOSE TO PARTICIPATE OR NOT PARTICIPATE THIS EVENING.

SHOULD HE DECLARE THE CONFLICT OF INTEREST? HE'S NOT PRECLUDED THEN FROM COMING BACK AND SPEAKING AS A CITIZEN REGARDING THE ITEM, IF HE SO DESIRES WITH RESPECT TO THE REASON FOR THE UNDERLYING REASONS FOR THAT CONFLICT IS A COUPLE OF THINGS.

FIRST OFF, THERE'S AN INDIRECT CONFLICT.

TO THE EXTENT THAT FINANCIALLY THE CONSEQUENCES OF THIS, THESE PARTICULAR LETTERS COULD IMPACT HIM ECONOMICALLY BOTH IN TERMS OF FINES, ATTORNEY'S FEES AND OTHER THINGS.

SO THERE'S A POTENTIAL INDIRECT ECONOMIC INFLUENCE IMPACT.

THE SECOND IS THERE'S A CONCEPT IN LAW CALLED COMMON LAW CONFLICT OF INTEREST.

IN THIS PARTICULAR SITUATION, YOU ANALYZE THAT WITH RESPECT TO A QUESTION OF WHETHER THE BATTERY BEFORE THE BODY FOR THAT COUNCIL MEMBER IS A SUCH PERSONAL INTEREST AS TO MAKE HIM UNABLE TO OBJECTIVE BILLY AND FAIRLY, UH, ADDRESS THAT ISSUE.

AND SO THESE CIRCUMSTANCES, IT'S A SITUATION WASN'T NECESSARILY AN ECONOMIC INTEREST, BUT ALSO AS A MATTER OF FAIRNESS TO THE COMMUNITY, TO THE PROCESS UNDER COMMON LAW, THE COUNCIL MEMBER COULD DECLARE A CONFLICT OF INTEREST IN THIS PARTICULAR SITUATION.

I BELIEVE, UH, MR. SHAW IS DIRECTLY IMPACTED BY THIS DECISION THIS EVENING.

AND THEREFORE IT IS MY RECOMMENDATION THAT HE DECLARE A CONFLICT OF INTEREST.

THANK YOU, TIM RECUSE, MYSELF.

AND I WOULD LIKE TO RESERVE THE RIGHT TO SPEAK DURING THE THREE MINUTE, UH, COMMENTS I'M ALLOWED AS A MEMBER OF THE PUBLIC.

OKAY.

AND THEN I WAS GOING TO ASK IF TIM NEEDED TO LEAVE THE ROOM WHEN SHE'S DOING SO THANK YOU.

YES.

I DIDN'T COME BACK AS HE DOES COME BACK.

YOU'LL HAVE THREE MINUTES CAUSE HE'LL BE SPEAKING AS A CITIZEN, NOT AS A COUNCIL MEMBER.

OKAY.

DOES COUNCIL HAVE ANY QUESTIONS FOR DICK OR STAFF? TELL ME THE PROCEDURES.

WE STARTED THE TWO LETTERS.

I PRESENTED YOU TWO LETTERS BASED UPON THE COUNCIL DIRECTION FROM LAST COUNCIL MEETING ONE OF THE DISTRICT ATTORNEY OF ORANGE COUNTY AND ONE TO THE FAIR POLITICAL PRACTICES COMMISSION WITH RESPECT TO, UH, THE TAPE THAT WAS, UH, MADE AVAILABLE TO THE PUBLIC REGARDING COMMENTS BY MR. SHAW.

UM, I WOULD OFFER A COUPLE OF THINGS IN TERMS OF CONTEXT.

THE FIRST OF WISHES IS THAT IN TERMS OF THIS PARTICULAR DOCUMENT, UH, MY OFFICE DRAFTED IT.

WE DID REVIEW IT WITH MR. SANDRO AND MR. UH, ROB FARRIER REGARDING THE DOCUMENT.

NO COUNCIL MEMBER, NO PUBLIC HAS BEEN INVOLVED WITH THE DRAFTING OF THE DOCUMENT.

UH, NUMBER TWO, WITH RESPECT TO IT, IT'S OFFERED AS A STANDARD TYPE OF FORM DOCUMENT AND IS NOT INTENDED TO TAKE A POSITION ONE WAY OR THE OTHER WITH RESPECT TO THE DOCUMENT.

IT'S PURELY A RECOMMENDATION.

THE COUNCIL CAN ACT TO REMOVE ANY LANGUAGE OR MAKE ANY OTHER MODIFICATIONS.

THEY STILL WOULD DESIRE WITH RESPECT TO THE DOCUMENT, THE LETTER THAT WILL BE SENT OUT, UNLESS LET ME ALSO INDICATE THAT WITH RESPECT TO THIS PARTICULAR, THESE TWO PARTICULAR LETTERS WHILE THE COUNCIL COULD ACT THIS EVENING, IT, IF THE COUNCIL DOES OR DOES NOT ACT DOES NOT PRECLUDE A PRIVATE CITIZEN FROM ENGAGING IN THE SAME CORRESPONDENCE TO THE FPPC OR THE DISTRICT ATTORNEY'S OFFICE, INDIVIDUAL CITIZENS HAVE THE SAME LEGAL STANDING AS WITH THE COUNCIL IN RAISING THESE ISSUES.

SO IT DOES NOT NECESSARILY MEAN THAT A PRIVATE CITIZEN COULD NOT STILL RAISE THOSE ISSUES WITH RESPECT TO, UH, THE DOCUMENT AND THE LANGUAGE WE DID INCLUDE THERE.

UH, I'VE EXPRESSED

[00:20:01]

TO, UH, UH, MR. SABU, I DO HAVE A LITTLE BIT OF CONCERN WITH RESPECT TO THE BEST EVIDENCE RULE IN THIS PARTICULAR SITUATION, BECAUSE THE TAPING QUESTION DOES APPEAR TO BE AN EDITED TAPE.

AND I KNOW MR. DRANO COULD PROBABLY SPEAK TO THIS AS WELL IN INVESTIGATIONS.

THEY'RE LOOKING FOR THE ORIGINAL DOCUMENT, NOT LOOKING FOR INFORMATION THAT MAY HAVE BEEN EDITED OR MODIFIED IN SOME FASHION.

AND SO THE GOAL WAS TO HOPEFULLY, UH, BE ABLE TO OBTAIN THE ORIGINAL, HAVE THE DA OBTAINED THE ORIGINAL DOCUMENT IN ORDER TO BE SURE THAT THE EDITING DIDN'T SOMEWAY MISCONSTRUE, UH, MR. SHAW'S WORDS, THERE IS NO QUESTION THAT MR. SHAW'S WORDS, THE ONLY QUESTION WOULD BE, HAS IT BEEN EDITED IN SOME FASHION TO MAKE A FALSE IMPRESSION WITH RESPECT TO THAT? THAT'S A, THAT IS A INVESTIGATION PROCESS.

IT'S NOT A QUESTION FOR THE CITY ATTORNEY'S OFFICE REGARDING ANY CULPABILITY, THE CITY ATTORNEY'S OFFICE, NOR STAFF MAKES NO DETERMINATION OR OPINION WITH RESPECT TO ANY CRIMINAL CULPABILITY, ANY CULPABILITY REGARDING THE CONDUCT HERE, WE JUST SIMPLY TO PREPARE THE APPROPRIATE DOCUMENTS AND AWAIT COUNCIL'S DIRECTION ON HOW THEY WANT TO PROCEED.

THANK YOU.

THANK YOU DEREK.

SO ANY QUESTIONS BEFORE STAFF SAYS THAT NOW? OKAY, THEN WE'LL INVITE THE PUBLIC TO TESTIFY.

PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD WOULD BE APPRECIATED AND YOU HAVE THREE MINUTES.

SO LAURIE, KEEP IT FOR ME.

THANKS.

GOOD EVENING.

MY NAME IS SHANNON SHAW, 800 GLEN HAVEN DRIVE LAHABRA SINCE AT LEAST 2008 KITTENS COUNCIL MEMBERS ON THE LA HARBOR CITY COUNCIL HAVE ALWAYS GOTTEN ALONG.

THERE HAS BEEN MUTUAL RESPECT AND KINDNESS FOR ONE ANOTHER.

DESPITE DIFFERENCES IN POLICY.

WHY ARE WE, ARE YOU LETTING A MALICIOUS AND DECEPTIVE AUDIO RUIN THAT TREND AND TEAR EACH OTHER APART? THIS AUDIO WAS CREATED BY SOMEONE WHO WANTED TO HARM TIM'S REPUTATION.

TIM'S WORDS WERE RECORDED, TAKEN OUT OF CONTEXT AND PRESENTED TO CAST HIM IN A FALSE LIGHT.

WHOEVER MADE THIS AUDIO TOOK TIM'S LAUGH AND EDITED IT TO MAKE IT SOUND EVIL.

HE OR SHE TOOK HIS WORDS OUT OF CONTEXT REMOVED ANY GOOD.

HE SAID AND CREATED AN AUDIO THAT IS REFLECTIVE OF WHAT HE OR SHE WANTED TO CREATE, NOT WHAT ACTUALLY HAPPENED TO THE PERSON WHO MADE THIS AUDIO TRUTH AND ACCURACY DID NOT MATTER.

SO WHY ARE WE DOING SO MUCH ON AN AUDIO RECORDING THAT WAS EDITED AND PIECED TOGETHER TO MAKE TIM LOOK BAD? SOMEONE SAT WITH THIS AUDIO FOR A YEAR AND A HALF WAITING TO RELEASE IT RIGHT BEFORE THE ELECTION.

IF THAT SOUNDS LIKE DIRTY POLITICS, IT SHOULD.

WHAT REALLY HAS DISAPPOINTED ME IS THE HARASSMENT OVER-EXAGGERATION AND HOW THIS INCIDENT HAS BEEN FURTHER TAKEN OUT OF CONTEXT.

TIM HAS SOUGHT LEGAL ADVICE FROM LAWYERS TO BE HONEST.

SOME OF THEM LAUGHED AT THE FACT THAT THIS BE PRESENTED AS A CRIME AFTER THEY HEARD THE AUDIO.

TIM DID NOT COMMIT A CRIME.

THE CITY ATTORNEY KNOWS IT.

THE STAFF KNOWS IT, AND WE KNOW IT.

HOWEVER, SOMEONE DID COMMIT A CRIME.

THE PERSON WHO MADE THIS AUDIO IN CALIFORNIA, IT IS A CRIME TO RECORD ANYONE WITHOUT THE CONSENT OF ALL PARTIES INVOLVED.

TIM IS THE VICTIM OF A CRIME AGENDA.

USING THIS ISSUE IS ONLY DONE TO EMBARRASS HIM.

THERE WAS NO NEED TO MAKE A MOTION AND GET A SECOND FROM THE COUNCIL TO TAKE SOMETHING TO THE DA.

IF YOU WANTED TO TAKE IT TO THE DA, YOU COULD HAVE DONE IT YOURSELF.

ALSO PUBLICLY ASKING SOMEONE TO RESIGN OVER AN AUDIO RECORDING, TAKEN OUT OF CONTEXT AND PURPOSELY MANIPULATED TO MAKE SOMEONE LOOK BAD IS ABSURD.

NO PERSON SHOULD RESIGN OVER SUCH NONSENSE DOING SO WOULD ONLY BE REWARDING.

CRIMINAL ACTS AND GIVING CREDIBILITY AND UNDESERVING POWER TO A MALICIOUS PERSON WHO CREATED A DECEPTIVE AUDIO.

TIM HAS APOLOGIZED FOR THE COMMENT HE MADE ABOUT HIS COLLEAGUES.

PLEASE ACCEPT HIS APOLOGY AND MOVE ON.

FOR THOSE THAT KNOW TIM, THIS WAS AS MAYOR BEAMISH SAID AN INCIDENT NOT REFLECTIVE OF TIM'S CHARACTER, TO ALL THOSE THAT HAVE REACHED OUT TO TIM AND ME OFFERING US SUPPORT.

THANK YOU.

FROM THE BOTTOM OF MY HEART, I ASK ALL FIVE COUNCIL MEMBERS TO PROVE THAT WE ARE A CARING COMMUNITY BY BEING AN EXAMPLE OF THAT YOURSELF.

AFTER THIS INCIDENT, I HOPE WE CAN ALL LEARN AND FOLLOW THE SIMPLE RULE OF RESPECT FOR EACH OTHER.

DESPITE DIFFERENCES IN OPINIONS AND POLICY, WE ALL NEED TO COME TOGETHER, NOT TEAR EACH OTHER APART, ESPECIALLY OVER A DECEPTIVE AUDIO.

I URGE YOU TO NOT WASTE ANY MORE TIME OR DISCUSSION ON THIS RIDICULOUS AUDIO COUNCILMAN MADRANO.

I HAVE, I ENJOYED OUR CONVERSATIONS AND I HOPE TO CONTINUE THAT WITH YOU, YOU AND TIM HAVE SIMILAR VALUES, AND I HOPE YOU CAN BOTH MOVE PAST THIS.

MAYBE THAT WILL TAKE TIME, BUT I HOPE IT CAN HAPPEN.

PLEASE PROVE THAT OUR LEADERS REPRESENT A CARING COMMUNITY.

THANK YOU, SHANNON.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK, I ASSUME TIM DOES, WOULD YOU WANT GETTING TIM

[00:25:13]

THE COLLEGE WHERE I TEACH HAS A POLICY THAT FORBIDS AUDIO RECORDINGS OF CLASS SESSIONS WITHOUT TEACHER'S PERMISSION AND FOR GOOD REASON, FOR EXAMPLE, THE CURRICULUM IN THE CLASS I TEACH WITH LAURIE, START THE TIMER.

WAIT, I'M SORRY.

THANK YOU.

SORRY, TIM.

START OVER THE COLLEGE WHERE I TEACH HAS A POLICY THAT FORBIDS AUDIO RECORDINGS OF CLASS LESSONS WITHOUT THE TEACHER'S PERMISSION.

AND FOR GOOD REASON, FOR EXAMPLE, THE CURRICULUM IN THE CLASS, I TEACH REVIEWS ALL THE MAJOR CONTROVERSIES IN AMERICAN POLITICS THROUGHOUT AMERICAN HISTORY.

AS A RESULT, WE ARE DISCUSSING ABORTION.

SAME-SEX MARRIAGE, GUN CONTROL, SLAVERY, YOU NAME IT, AND WE'RE TALKING ABOUT IT.

THE COLLEGE'S GOAL IN GENERAL.

AND MY GOAL AS A TEACHER IS TO FOSTER AN ENVIRONMENT WHERE THESE THINGS CAN BE DISCUSSED IN AN OPEN AND CANDID WAY WHERE DIFFERENT POINTS OF VIEW WILL BE HEARD AND RESPECTED.

I ALWAYS ATTEMPT TO HONESTLY PRESENT DIFFERENT POINTS OF VIEW WITH RESPECT TO THESE EMOTIONALLY CHARGED ISSUES, AND ALWAYS INSIST THAT THE STUDENTS RESPECT EACH OTHER DURING OUR DISCUSSIONS, HAVING SOMEONE IN THE ROOM, SECRETLY RECORDING THESE DISCUSSIONS WITH MALICIOUS INTENT DESTROYS US ENVIRONMENT.

AND AS UNFAIR, NOT ONLY TO ME, BUT TO THE STUDENTS INVOLVED