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CC - Minutes - 04-24-12Minutes of the City Council Meeting April 24, 2012 The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Council Member Ly INVOCATION: Mayor Armenta PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, Clark, and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Ramirez, Director of Finance Brisco, Director of Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, and City Clerk Molleda 1. ORDINANCES READ BY TITLE ONLY State law requires that all ordinances be read in full prior to the City Council taking action; however, by motion, unanimously adopted, the City Attorney can be instructed to read all ordinances by title only. Recommendation: That the City Attorney be instructed to read all ordinances which appear on this agenda by title only, and that further reading be waived. Council Member Steven Ly made a motion, seconded by Mayor Pro Tem Polly Low, to approve ordinances by title only. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 2. PUBLIC COMMENTS FROM THE AUDIENCE Craig Denton — Manager of the Del Rey Mobile Home Park, expressed concern with the proposed waste hauler disposal service contract. He stated the new contract would increase his service rate, up to 52 percent for the same service currently being provided. Mr. Denton urged Council to reconsider the fairness of the contract for multifamily and commercial businesses. Council Member Clark explained to Mr. Denton that Consolidated Disposal was supposed to visit with businesses and speak to them about reducing trash, which would reduce the number of bins offered. Mrs. Clark asked if Consolidated had met with Mr. Denton. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 1 of 14 Mr. Denton — stated concerned that representatives of Consolidated Disposal had met with him and that was the reason why he was concern with the reduction of trash bins for the same cost. He reiterated that he wants to keep the same service of 3 pickups a week, but did not want to pay the increased cost for keeping his current service with Consolidated Disposal. Council Member Clark agreed that residents sell their recyclables and yet there are at least two thirds of recyclables that still go into trash bins, such as boxes and foods cans. She hopes that people are encouraged to recycle and that Consolidated Disposal creates incentives programs because of State mandates which include commercial recycling. Mr. Denton — reiterated that he will have to pay more to keep his current service. Mayor Armenta asked Mr. Denton if he will have a separate green waste container. Council Member Clark stated that a separate green waste container would be provided, which would reduce the amount of trash in the regular trash containers. Mr. Denton — explained that Consolidated Disposal representatives stated that only two 96 gallon containers would be provided for recycling. City Manager Allred requested to facilitate a meeting with Mr. Denton and Consolidated Disposal representatives to work on the specifics of the issue. 3. PRESENTATION Mayor Armenta announced that representatives of Caltrans had an award presentation for City Council. Dan Freeman - District Director of Maintenance for Local Caltrans District presented a certificate of appreciation to the City for the beautification efforts in Rosemead. Mr. Freeman explained that Caltrans maintains 1,200 miles of freeway space and 8,000 acres of landscape with a reduce staff of 800 people. Therefore, they appreciate the City's efforts in beautifying the City and successfully working with Caltrans. Council Member Low thanked Mr. Freeman and stated she hopes that the City will have a close working relationship with Caltrans. MayorArmenta thanked Mr. Freeman for the certificate and appreciates the working relationship with Caltrans. • Arbor Day Proclamation City Council Members presented the Arbor Day Proclamation to Public Works Director Chris Marcarello the Public Services Division. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 2 of 14 4. CONSENT CALENDAR A. Claims and Demands • Resolution No.2012 -21 Recommendation: to approve Resolution No. 2012 -21 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $845,065.28 NUMBERED 76834 THROUGH 76946 INCLUSIVELY aesolution No.2012 -22 Recommendation: to approve Resolution No. 2012 — 22 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,326,815.25 NUMBERED 76967 THROUGH 77087 INCLUSIVELY • Resolution No. 2012 — 05 Recommendation: to approve Resolution No. 2012 — 05 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $722,659.76 NUMBERED 10000 THROUGH 10003 INCLUSIVELY B. Rejection of Claim for Damages The City Council will consider a recommendation to reject a claim for damages submitted by L &G Rosemead Garden, LLC, received by the City on March 22, 2012, due to un- timeliness, as well as, a rejection to any asserted claims that may have occurred within the required time period for making such claims. In addition L &G Rosemead Garden, LLC also filed a claim with the City on December 22, 2011. The City is now rejecting that claim for the additional reason that it was untimely in addition to the prior rejection sent on January 18, 2012, which was on the merits of the claim. Recommendation: That the City Council reject the claim for damages submitted by L &G Rosemead Garden, LLC as indicated above. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 3 of 14 Juan Nunez • asked if by rejecting the claim the city would be cleared from damages. City Attorney Richman replied that in accordance with the government tort claims act, the City is required to take action. After reviewing, the City believes there is no merit and therefore, is rejecting the claim. C. Review of the City's 2011 Housing Element Annual Progress Report California Government Code § 65400 (b) requires the filing of a Housing Element Annual Progress Report by April 15t of each year, for the prior calendar year, with the State Office of Planning and Research and the Department of Housing and Community Development ( "HCD "). State law also requires that the annual report be presented at a public meeting before the City Council where members of the public are given an opportunity to comment on our progress. This agenda meets these statutory requirements. The City of Rosemead's Housing Element was last prepared and approved by the State in June 2002. The annual report was submitted to the required agencies on March 28, 2012. This report summarizes the low to moderate - income residential building activity, Regional Housing Needs Allocation (RHNA) progress, and progress of housing program implementation for the 2011 calendar year. Recommendation: That the City Council receive and file the City's 2011 Housing Element Annual Progress Report. D. City Signage Replacement Project — Award of Contract As part of the City's Capital Improvement Program, the City Council approved a project titled, "City Signage Replacement Project ", which consists of replacing and updating the City's aging street name and regulatory signs to ensure compliance with the Federal Highway Administration (FHWA) requirements for reflectivity. The updating of signs, to meet these new reflectivity standards, will help to improve driver and pedestrian safety, reduce energy costs, and enhance aesthetics along City streets. The project is funded through State Gas Tax funds. Recommendation: That the City Council approve: 1. Approve the plans and specifications for the City Signage Replacement project; and Authorize the City Manager to enter into a contract with J &S Striping Company for the City Signage Replacement Project in the amount of $125,870, and establish a contingency in the amount of 10% of the bid ($12,587) to cover any unforeseen construction expenses. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 4 of 14 E. Interim Budget Amendments During the fiscal year unforeseen financial needs and opportunities may arise which require Council approval of additional appropriations. Without them various auditors could make an adverse finding in the annual audit reports. At this time there are only two budget line items that need to have appropriations approved by the City Council: 1) A tractor and a pickup truck were purchased using Equipment Replacement Funds cash and, 2) Proposition Fund A Fund cash was exchanged for General Fund cash with the City of Industry. All purchases requiring appropriation increases have previously been approved by City Council. Approving appropriations for these items is a necessary "housekeeping" task that will help avoid undesirable audit findings. Recommendation: That the City Council approve Resolution No. 2012 -25, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING VARIOUS APPROPRIATIONS Council Member Steven Ly made a motion, seconded by Mayor Pro Tem Polly Low to approve Consent Calendar items. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. Firework Stand Permit Fee /Deposit Adjustment The City provides various "individualized" services (i.e inspections, permits, variances, etc.) that are not of general benefit. Historically, many of these services have been provided at a City cost greater than the price being charged for them thus resulting in subsidies of the remaining costs of service from the general taxpayers. The permit fees charged by the City to fireworks stand vendors is an example of recovering "individualized" subsidized service costs from those receiving the benefit of the services. A survey of neighboring cities has revealed that four out of six cities surveyed charge more for fireworks permits than what is being proposed as the new permit fee; the average cost among the cities surveyed is $327. In the interest of minimizing the subsidy of individualized services borne by taxpayers, staff is recommending an increase in the fee for fireworks stand permits to $250 and refundable deposit of $300. Recommendation: That the City Council approve Resolution No. 2012 -23, entitled: Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 5 of 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING FIREWORKS STAND PERMIT FEEIDEPOSIT ADJUSTMENT City Manager Allred reviewed the staff report. Council Member Ly asked staff what was the current cost for firework stands and how much was being subsidized in staff cost. City Manager Allred explained that each firework stand pays a fee of $15 and that fee has not been adjusted for the last 30 years. There are currently about 15 to 16 stands and at least $250 of cost is being subsidized for staff inspections and processing of each firework stand. Council Member Ly stated that was roughly about $4,000 in staff cost. Council Member Clark expressed concern with raising fees at this time because non - profit organizations are not doing well financially. There have been many financial cuts to organizations such as People from People because of reductions of the Community Development Block Grants, which are funded by the Federal Government. Community Development Director Ramirez replied $27,000 has been reduced in Community Development Block Grants. Council Member Clark continued explaining that non - profit organizations have taken many financial cuts and $250 would hurt the agencies. She stated that the City has $15 million in reserves and she would rather wait and see if the State makes any other changes on grants awarded. Mrs. Clark made a motion to not increase the permit adjustment fee. Council Member Low disagreed with Council Member Clark and explained that tax payer's money is being subsided for City staff cost for inspections and processing. She stated that non - profit organizations make money selling fireworks. Other cities charge over $325 and it's time to make some adjustments. Mayor Armenta agreed with Council Member Low and expressed that non - profit organizations make thousands of dollars during the sale of fireworks. Paying $250 out of thousands of dollars would not hurt their profit margins. Ms. Armenta reiterated that the City of Alhambra charges $325, Baldwin Park $500, Monterey Park $400, El Monte $472, and Rosemead charges only $15. Ms. Armenta stated it is not unreasonable to ask for $250, when non -profit organizations are making thousands of dollars from the sale of fireworks. Council Member Clark made a motion not to increase the permit feeldeposit adjustment; there being no second motion, Ms. Clark's motion died. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Polly Low to approve resolution 2012 -23 stand permit feeldeposit adjustment. Vote resulted in: Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 6 of 14 Yes: Alarcon, Armenta, Low, Ly No: Clark Abstain: None Absent: None B. Draft Annual Comprehensive Fee Resolution Update The City provides various "individualized" services (i.e. inspections, permits, variances, etc.) that are not of general benefit. Historically, many of these services have been provided at a City cost greater than the price being charged for them thus resulting in subsidies of the remaining costs of service from the general taxpayers. As a matter of routine fee maintenance and to keep pace with increasing costs of individualized services, the fees charged to users need to be reviewed on a regular basis, preferably each year. In the interest of being responsive to the service needs of Rosemead residents and businesses; not all fees need to be adjusted and some are controlled by statute. Consequently, not every Rosemead fee is being recommended for an adjustment this year. The final version of the "Annual Comprehensive Fee Schedule" will be considered by the Council on May 8m. Recommendation: No action is required at this time. Council action on this item will be requested at the May 8+h meeting. City Manager Allred reviewed the staff report Council Member Clark asked staff to look into how cities receive their Business Friendly designations and compare the city's fee increase and business licenses with other cities. City Manager Allred stated that the City has applied for the award designation and has not been selected. He added that Rosemead is a very business friendly City with low taxes and it is feasible for businesses to relocate in the City. Community Development Director Ramirez explained that between the designated business friendly cities, Rosemead had always scored well on fees. Cities that have been able to win the award have used redevelopment incentives to attract businesses. Mrs. Ramirez said she had met with a committee member and he stated that Rosemead's strong points are the low business license fees. Mayor Pro Tern Low referred to the new $10 stray cat pick -up fee; she asked if residents would have to pay such fee for calling the City to pick up cats. City Manager Allred stated that the fee was being proposed by the Public Safety Department. Chief of Police Murakami explained that the fee is being proposed because cats are not licensed by the City. Once a cat is picked up, they are taken to the humane society and the City pays a fee of over $100 for vaccines. To offset some City cost, a $10 fee is being proposed. City Manager Allred suggested in changing the terminology from "stray cat pick up fee" to "stray cat drop off fee." Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 7 of 14 Council Member Ly asked if he trapped a stray cat and called to get it picked up would he be charged the $10 fee. Chief of Police Murakami explained that a $10 fee would be charged for the pickup. However, if animal control caught the animal, then the fee would not be charged. Council Member Clark asked if there is a fee for dead animal pickup. City Manager Allred stated that small dead animal disposal without a license has no fee. However, a dead animal with a license is $20 and a cat is $10 when picked up by animal control. Council Member Clark stated that dead animals should be picked up because it will attract vermin and diseases. However, the property owners should not be punished for calling in a dead animal. Assistant City Manager Hawkesworth explained that if a dog was hit and died on the street, the City would not charge the closest house for that animal. The fee is for the pet owners who call the City if their animals have died and want to turn them in to animal control. Council Member Clark asked that the language specify that the fee will be for pet owners. Mayor Armenta agreed with Mrs. Clark that the language was ambiguous and clarification was needed. Council Member Ly suggested that the cost of the animal should be proportional to the animal's size. City Manager Allred stated that the language will be clarified and the description should state, "picked up from owner by animal control. Council Member Clark inquired about animal relinquishment. Assistant City Hawkesworth explained that there are owners that do not want their pets and relinquish them to animal control. C. Rosemead Bicycle Transportation Plan In January 2012, the Traffic Commission began work on a Bicycle Transportation Plan and proposed improvement projects related to bicycle safety. The goals of the bicycle plan focus on improving bicycle connections and accessibility with neighboring communities /trails and increased bicycle safety. The Bicycle Transportation Plan was recommended for approval by the Traffic Commission on April 12, 2012 and was prepared according to standards set by California Department of Transportation (Caltrans) and Los Angeles County Metropolitan Transportation Authority (Metro). Upon Council approval of this plan the City will be eligible to pursue grant funding for bicycle projects. The plan is also a key component of the City's efforts to reduce greenhouse gas emissions and encourage alternative forms of transportation in accordance with Assembly Bill 32. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 8 of 14 Recommendation: That the City Council: 1. Review and approve Resolution No. 2012 -24, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING THE ROSEMEAD BICYCLE TRANSPORTATION PLAN 2. Authorize staff to submit the City's Bicycle Transportation Plan to Metro and Caltrans, allowing the City to pursue grant opportunities to further bicycle improvement efforts. Management Analyst Sullivan review staff report and presented a PowerPoint presentation (presentation is available in the City Clerk's Office). Director of Public Works Marcarello added that there are priorities that include basic goals in which the Traffic Commission focused on for the development of bicycle trails along the Southern California Edison easement corridor. Mr. Marcarello reiterated that the City is eligible for different grants and other funding sources like Measure R; also the city is able to use special resource funds to develope Edison's corridors into bike lanes to improve the means of safe travel and achieve city wide improvements. Council Member Alarcon asked how safety would be handled Chief of Police Murakami explained that enforcement efforts are being considered in secluded bike trails. He stated that they will look at areas adjacent to the County to clear out some of the problem people that congregate within the bike trails. Vincent Chang — on behalf of Bike San Gabriel Valley stated he supports the proposal and commends staff for their efforts and hopes that people will view Rosemead as a business friendly City when passing through and shopping in the City. Nancy Chung — expressed support for the bike plan and safety improvements for everyone Javier Hernandez — on behalf of Bike San Gabriel Valley stated he played an integral role in implementing a bike program in Baldwin Park. Mr. Hernandez supports the plan and to raise awareness to bicyclist. Michael Lawrence — commended staff for their work on the proposed plan and thanked them for their efforts. Mr. Lawrence stated that the Bike Coalition has been working with the City of Alhambra to request proposals to do their own bicycle plans. Mayor Pro Tern Low stated that the goal is to increase bicycle usage and safety. Mrs. Low asked if the structure of the current streets were wide enough for bike lanes. Management Analyst Sullivan explained that engineering studies would have to be conducted; Caltrans and the Highway Safety Manuals have specifications of lane widths. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 9 of 14 Director of Public Works Marcarello stated that they are looking to connect other cities that have existing bike lanes. He added that the list of concerns is to focus on bicycle safety and regional connectivity such as Rosemead Boulevard. Council Member Ly thanked staff for their work and added that a study showed that in the San Gabriel Valley 3/4 of drivers drive alone and bike usage was only 3 percent. He supports the bicycle plan to improve another clean and healthier form of transportation. Mr. Ly reiterated that safety is important and the bicycle plan was another way to find grants and funding resources like Measure R. Council Member Clark stated that safety is very important and she is in favor of protected bike lanes. Mrs. Clark expressed concern with connectivity and environmental regulations that may impact others areas. She stated that she would like to be involved and possibly have the City partner with other cities to create safe routes. Mayor Armenta stated that she attended the National Association of Latino Elected and Appointed Officials, a conference focused on national policy institute on building healthy communities. She stated that guest speaker, Council Member Marlene Garcia of Baldwin Park, played an intricate role in doing the bike lanes and non smoking ordinances in Baldwin Park. Ms. Armenta added that in discussions with Ms. Garcia and Joe Gonzales of South El Monte they spoke about getting communities moving, healthy, and safe. She indicated that there is a high rate of car accidents in the City and cautions should be taken to protect the residents. Council Member Clark stated that just painting a white stripe on the street gives a false sense of security to bicyclists. Mrs. Clark recollected two bicycle accidents involving two elected officials Mayor Villaraigosa and Council Member Sam Pedroza of Claremont. Mayor Pro Tern Polly Low made a motion, seconded by Council Member Ly to approve resolution 2012 -24 adopting the Rosemead Bicycle Transportation Plan and submit to Metro and Caltrans. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 6. MATTERS FROM MAYOR & CITY COUNCIL A. Mayor's Appointments for 2012 -2013 Each year, a listing of City Council Member appointments to a variety of regional and state committees and boards is prepared and submitted by the Mayor. To assist the Mayor, members of the City Council had the opportunity to complete the "Mayors Appointments for 2012 - 2013" form, listing each individual's preferences for the particular committees and boards. Recommendation: That the City Council approve the Mayor's Appointments for 2012 -2013. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 10 of 14 MayorArmenta indicated there were multiple interests for the appointment of the San Gabriel Valley Council of Governments and that item would be discussed last. The following appointments were made: League of California Cities: Delegate: Polly Low Alternate: William Alarcon California Contract Cities Association Delegate: Sandra Armenta Alternate: William Alarcon LA County Sanitation District Delegate: Sandra Armenta Alternate: William Alarcon So. California JPIA Delegate: Polly Low Alternate: Sandra Armenta City Selection Committee Delegate: Sandra Armenta Alternate: Polly Low So. California Association of Government Delegate: Steven Ly Alternate: Margaret Clark Zoning Code Update Delegate: Polly Low Delegate: William Alarcon Public Safety Connections Chair: Sandra Armenta Vice - Chair: Steven Ly Council Member Clark explained that the San Gabriel Valley Council of Governments operates differently than other agencies when holding committee chair positions. She stated that Council Member Ly had been appointed to the oversight committee that oversees the functions of management services. Council Member Ly clarified that the oversight committee is an ad -hoc committee. Council Member Clark explained that she would like to continue to be the delegate because the Rivers and Mountains Conservancy calls for it. The committee was formed in order to provide open space planning and funding for this area. She stated that the Rivers and Mountains Conservancy seat is for two years and she would like to finish her term; she will not be able to do so if she is appointed the alternate to the COG. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 11 of 14 Council Member Ly stated that he had nothing but respect for Mrs. Clark being on the conservancy and on the COG and explained his reasons for wanting to be appointed as the delegate. First, being involved with different regional bodies, Mr. Ly became the Vice -Chair of the COG and that is a very big role in the aspect that the Chairman of the Transportation Committee is John Fasana, who is the San Gabriel Valley Representative of the Metro Board. The COG has been dealing with the separations of the rail lanes; and a way to help with those issues the COG has created the Alameda Corridor East Construction Authority. Second, the COG employs staff that handle day to day operations; they are not public employees but contracted through a firm. A recent audit by Caltrans indicated that there may be a conflict of interest in doing business while staff is writing, implementing, and making money off the grant for the COG. As a result, an ad hoc oversight committee was formed in which he serves. He added that he would now like to have the responsibility to have a vote on the board. Council Member Clark reiterated to Mr. Ly that she had offered to allow him to attend the meeting and to vote when he needed to. Mrs. Clark explained that it was important that there was somebody on the Conservancy Board to represent the City. She stated that she had called Mr. Ly and he had not returned her call. Council Member Ly stated that because of the Brown Act he is very cautious about what he can and cannot discuss and added that he had already asked a council member to commit and support him. Mr. Ly added that the Transportation Committee meets 2 hours before the COG meeting and it would make sense to stay for both meetings. MayorArmenta asked Mr. Ly and Mrs. Clark how many issues are on the COG agenda that strictly deal with their respective topics and how many meetings do they vote on those issues. Council Member Ly replied that there are transportation issues and legislative issues on every meeting. Council Member Clark stated that there are very important issues at the moment but usually they are routine. Mayor Armenta asked City Attorney Richman if it's possible to name Council Member Clark as delegate and have Council Member Ly be the voting member. City Attorney Richman stated that if one Council Member is the delegate and the alternate does all the voting, then the delegate cannot appear at the meetings. The COG may have a provision that if you have a delegate that does not attend a certain amount of meetings they may have an issue. MayorArmenta asked Mrs. Clark if she would agree to allow Mr. Ly to attend all the COG meetings to vote and she would remain the delegate on paper to stay on the Conservancy Committee. Council Member Clark stated she did not want to seem as if she was not involved; the purpose of the conservancy bill was to have somebody who was involved in the Council of Governments and be the voice for the Conservancy. She added that committees have to report on everything and some items are routine and other are current issues. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 12 of 14 Council Member Ly stated that he would agree to let Mrs. Clark take the delegate title if he could attend all the meetings and vote. Council Member Clark asked why he needed to attend all the meetings. She proposed that they both take turns to represent the City. Council Member Ly replied that he would like to have the confidence to vote on various issues that he has discussed and researched. He spent 3 years getting involved with the COG and the Transportation Committee, understanding and learning the issues. Mr. Ly stated that on a recent trip to Washington D.C., on behalf of his business, he received advice from Tim Spohn of City of Industry about ACE and the COG management issues. Council Member Low asked Mrs. Clark if she was planning on running once again for the Rivers and Mountains Conservancy seat once the current term ended. Council Member Clark replied that she hadn't made that decision yet. MayorArmenta stated that on record Mrs. Clark would be the delegate and Mr. Ly would be the voting member. Mrs. Clark is needed on the Rivers and Mountains Conservancy especially when the funding for the Jay Imperial Park is still not guaranteed. She asked if Council Member Clark would allow Council Member Ly to attend 8 out of 10 meetings in a year. Council Member Ly stated he rather attend all because the issues in the COG required consistent monitoring, such as, the Arroyo Associates contract expiring soon. He stated this issue needed consistent monitoring because they needed to know whether to continue with Arroyo Associates or go with another firm. Council Member Clark replied stating Mr. Ly does that already. Council Member Ly stated he agreed he does that already; however, he would like the authority to be able to vote on those issues as well and in order to do that he would have to be able to be at all the meetings. Council Member Clark replied that he could be at the meetings. City Attorney Richman explained that the motion could be made, but if Mrs. Clark wanted to attend a meeting, she as the delegate, has that prerogative to vote. She added that the agreement would not work if Mrs. Clark and Mr. Ly do not agree to allow one member to do all the voting. MayorArmenta stated it was a shame they could not come to a compromise because she was trying to accommodate both sides. Council Member Polly Low made a motion to support Council Member Ly to be the delegate on the COG because she thought he was very passionate about the issues at hand. Council Member Clark made a substitute motion the allow Council Member Ly to be the voting member on the COG meetings and she would continue to be the delegate. Council Member Ly agreed with Mrs. Clark and seconded her motion. Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 13 of 14 SGV Council of Governments Delegate: Margaret Clark Alternate: Steven Ly Council Member Margaret Clark made a motion, seconded by Council Member Steven Ly to approve the Mayor's appointment to the SGV Council of Governments. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 7. CLOSED SESSION A. Conference with Legal Counsel Existing Litigation Government Code Section 594956 a Cal Poultry v City of Rosemead Case No USDC CV1202409 MayorArmenta recessed the meeting to Closed Session at 9:17 p.m. and reconvened the meeting at 10:05 p.m. City Attorney Richman reported there was no reportable action to announce out of Closed Session. MayorArmenta commended Public Works Director Marcarello and staff for doing a great job on the beautification day project at the Garvey School District. 8. ADJOURNMENT The meeting adjourned at 10:06 p.m. The next regular City Council meeting is scheduled to take place on May 8, 2012 at 7:00 p.m. ATTEST: CJ� Gloria Molleda City Clerk Rosemead City Council Regular Meeting Minutes of April 24, 2012 Page 14 of 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the meeting minutes from July 24, 2012, was duly and regularly approved and adopted by the Rosemead City Council on the 23rd of October 2012, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None GlkA Gloria Molleda City Clerk