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CC - Minutes - 10-09-12Minutes of the City Council Meeting October 9, 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 Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, and City Clerk Molleda 1. PUBLIC COMMENTS FROM THE AUDIENCE- None 2. PRESENTATION • SR710 Presentation by Metro Michelle Smith — Metro Project Manager presented a PowerPoint overview of the SR710 study. Presentation is available in the City Clerk's Office. Council Member Ly asked Ms. Smith if the Environmental Impact Report indicated the impact on the health effects of surrounding communities and increased traffic, if the project is not completed. Ms. Smith - replied that their consultants are looking at consequences and assessments in terms of health impacts in surrounding communities. Council Member Ly stated that there has been criticism about the funding of the project and asked if there are any funding sources directed to the SR710 project. Ms. Smith — explained that the study was being funded by Measure R funds that voters earmarked in 2008 and allocated $780,000 million to be used to fund a Transportation System Management. As a requirement in the Environmental Impact Report viable funding sources can be develop. Council Member Ly asked if Metro was looking into impacts on communities along the 1 -10 and 1 -605 freeway if the 1 -710 freeway project is not completed. Ms. Smith - replied that all needs will be address within the study Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 1 of 1 Council Member Ly asked Ms. Smith what major arterials would be impacted if the 1 -710 extension tunnel is built and what other expansion lanes will affect other freeways. Ms. Smith — replied that traffic should decrease on major arterials such as the San Gabriel Boulevard, Rosemead Boulevard, and Atlantic Boulevard. She added that the California Department of Transportation and Metro are working together on this matter. Council Member Clark asked if the 1 -710 expansion lane project will have carpool lanes. Mrs. Clark also inquired about the impact on minority communities and how traffic was going to decrease from 25% to 10% according to Ms. Smith's presentation. Ms. Smith — replied that she was not sure if carpool lanes were going to be added to the project and that the study indicated that 1 out 4 cars that are on city streets will use the 1 -710 freeway tunnel. Council Member Clark inquired about the 1 -710 freeway tunnel project and Rapid Bus. Ms. Smith — explained that the underground tunnel project will require property easements only. Rapid Buses work like local buses but with fewer stops in between. Mayor Pro Tem Low asked where the entrance and exits would be located on the 1 -710 freeway tunnel. Ms. Smith — replied the entrance would be on the south of Valley Boulevard and would stretch about 4.2 miles and exit at California Boulevard. MayorArmenta asked if the tunnel could sustain an earthquake and emission issues. Ms. Smith - stated that a 2010 geotechnical study confirmed that a tunnel could be built and currently the technical team is looking at opportunities for cross patches for every 650 feet in case of an emergency. She also stated that Metro is proposing longitude ventilation fan system that would automatically come on when emissions gathered. Brian Lewin — suggested that the City and staff become more proactive in the SR710 project. He stated the South Pasadena group, who is opposed to the project, is very active. Mr. Lewin stated he would like to engage members of the community who support the SR710 project and get more press to the public. Mr. Lewin requested to meet with the City Council to provide him with some guidance to best represent the City's view point on potential hybrid options. Council Member Clark inquired about the hybrid options. Ms. Smith — explained that hybrid alternatives is combining alternatives to better adjust to the project needs or add more traffic strategies that support the light rail alternative. Juan Nunez — asked if any studies were being done regarding impacts on major north and south streets Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 2 of 2 Council Member Ly explained to Mr. Nunez that Metro included all major arterials in their study. He also stated that if the 1 -710 freeway tunnel is created there would be a crime reduction in the community because traffic would not be absorbed by major arterials. Mr. Ly asked that the City Council support the completion of the 1 -710 freeway. 3. CONSENT CALENDAR A. Minutes July 10, 2012 — Regular Meeting B. Claims and Demands Resolution No.2012 -56 Recommendation: to approve Resolution No. 2012 — 56 entitled: C. National League of Cities Congress of Cities and Exposition November 28th — December 1st — Boston, MA The City Council will consider authorizing attendance to the National League of Cities Congress of cities and Exposition in Boston, MA on Novmeber 28th— December 1sr. Recommendation: That the City Council authorize the attendance, at City expense, of any Council Member that wishes to attend the National League of Cities Congress of Cities and Exposition. D. City Council Calling and Giving Notice of a General Municipal Election to be held on Tuesday, March 5, 2013 and Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the Same Election Resolution No. 2012 -58 calls for a General Municipal Election to be held on Tuesday, Marc[ 5, 2013, and makes provisions for the conduct of the election in accordance with the California Election Code. Resolution No. 2012 -59 requests that the Board of Supervisors of the County of Los Angeles render specified services to the City related to the conduct of the same General Municipal Election. Resolution No. 2012 -60 calls for the conduct of a Special Runoff Election for elective offices in the event of a tie vote at the March 5, 2013 General Municipal Election. Recommendation: That the City Council approve Resolution Nos. 2012 -58, 2012 -59, and 2012 -60, respectively, entitled: Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 3 of 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE MARCH 5, 2013 GENERAL MUNICIPAL ELECTION E. Amendment to Resolution No. 2012.28 Establishing Annual Salary Ranges and Benefits for Classifications in the Middle- Management, Professional and Confidential Service of the City The City Council will consider approval of an amendment to Resolution No. 2012 -28 inserting the Executive Assistant to the City Manager classification back into the Middle - Management, Professional and Confidential Service of the City. This classification was inadvertently omitted when the Resolution was approved in June. Recommendation: That the City Council approve Resolution No. 2012 -57, entitled: A RESOLUTION OF THE ROSEMEAD CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING RESOLUTION NO. 2012 -28 ESTABLISHING ANNUAL SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MIDDLE - MANAGEMENT, PROFESSIONAL AND CONFIDENTIAL SERVICE OF THE CITY Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 4 of 4 F. Resolution Establishing the Successor Agency as a Separate Legal Entity and Resoluition Adopting a Conflict of Interest Code Related to the Successor Agency and Oversight Board Adoption of Resolutions pursuant to AB1484 which amended AB26 regulating the redevelopment dissolution process. Recommendation: That the City Council approve Resolution Nos. 2012 -62 and 2012 -63, repectevely, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORGANIZING AND DESIGNATING THE PERFORMANCE OF CERTAIN ADMINISTRATIVE DUTIES OF THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, AND AUTHORIZING THE CITY CLERK TO FILE A STATEMENT OF ORGANIZATION OF SUCH SUCCESSOR AGENCY WITH THE SECRETARY OF STATE AND THE COUNTY CLERK OF LOS ANGELES COUNTY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT, APPROVING THE CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD AND THE OVERSIGHT BOARD TO THE SUCCESSOR ENTITY Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Polly Low to approved Consent Calendar items, with amendments to the minutes of July 10, 2012. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 4. MATTERS FROM CITY MANAGER & STAFF - None Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 5 of 5 5. MATTERS FROM MAYOR & CITY COUNCIL A. Establishment of a Public Art Ad Hoc Committee for a Mural at Savannah Pioneer Cemetery The City's Strategic Plan for 2012 and 2013 includes a strategy to: Assist in the Preservation and Improvement of Historical, Cultural, and Natural Resources. The City Council will consider the establishment of a five- member Public Art Ad Hoc Committee with the objective of creating a mural at the historic Savannah Pioneer Cemetery. The proposed ad hoc committee would be comprised of a City Council Member, a City staff member, one representative each from the El Monte Cemetery Association and the Rosemead Moose Lodge, and a representative of the public at- large. Recommendation: That the Mayor appoint, subject to confirmation by the City Council, a member of the City Council, a City staff member and a member of the public at -large to serve on a five - member Public Art Ad Hoc Committee along with a representative to be appointed by the El Monte Cemetery Association and a representative appointed by the Rosemead Moose Lodge. City Manager Allred reviewed the staff report. MayorArmenta stated she had been working with the muralist and the Moose Lodge and would like to be appointed as a member of the committee. She nominated Parks and Recreation Director David Montgomery- Scott and suggested to appoint resident Julie Gentry, to the committee as a member of the public at- large. Mayor Pro Tem Low suggested that if there are other interested people they should be encouraged to apply to the Public Art Ad Hoc Committee. MayorArmenta replied that the Savannah Cemetery was limited on time. City Manager Allred stated that a press release could be issued and a notice posted on the city's website. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Polly Low to appoint Mayor Armenta and Parks and Recreation Director Montgomery -Scott to the Public Art Ad Hoc Committee. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 6 of 6 B. Rule Related to Parliamentary Procedure: Substitute on Substitute Motion Council Member Ly has placed this item on the agenda for review and discussion. Steven Ly spoke about the previous City Council ruling on whether to allow a substitute motion on top of another substitute motion. As Mayor and Chairman, he ruled that he would allow the practice and Council proceeded to appeal with a 3/2 vote. Mr. Ly stated that he researched the topic and concluded that his over ruling was an incorrect vote. He continued by reading section 2.04.06 of the city's municipal code and there were three areas to be correct based on past City Council precedent. First, on the meeting of September 11, 2007 former Council Member Gary Taylor made a substitute motion, when another substitute motion was still on the floor and it was not ruled out of order. Second, substitute motions are and should be treated as amendments to the main motion. Third, the League of California Cities recommends the Rosenberg Rules of Order, which allow up to three main motions to be on the floor at any given time. Mr. Ly stated that his ruling was correct and asked the Council to override their previous ruling and allow a substitute motion, when there is another substitute motion and issue an apology to him for the initial incorrect ruling. Council Member Alarcon asked for the City Attorney's opinion. City Attorney Richman explained that substitutes on substitutes are envisioned in Roberts Rules of Order. At the time of the last meeting, nobody knew what the rule was, and it was handled appropriately, where Council appealed Mr. Ly's ruling. Mayor Pro Tem Low stated she was impressed with Council Member Ly's research and asked for clarification on the Rosenberg Rules or Order. Council Member Ly explained that you can have the main motion and two substitute motions on top of that and referred to page 146 of the staff report packet. Council Member Clark stated that the city is not required to follow the Rosenberg Rules of Order. She expressed concern regarding the substitutes and stated they were supposed to be friendly amendments that changed the wording and not the entire main motion. There should not be a third substitute motion on the substitute motion. City Attorney Richman referenced page 146 of the staff report packet and reiterated that Robert Rules of Order stated that when you have an original motion and a substitute motion or amendment is made, a secondary amendment can be made. Mrs. Richman added that the footnote on page 146, states you cannot amend a secondary amendment. Council Member Clark- I don't see it here and I don't think the attorney agrees that we can make a 3rd. What happened that night was that there was a motion to go with one company and a substitute motion to go with another company, which completely changed the motion. It was not an amendment and then there was a third substitute motion on a substitute which changed again, which allowed the three companies to negotiate with each other. The reason why we did not go along with that (if it was allowed under Robert rules I don't think it was maybe it was) is because it would have gone against our bid process which we stated to the trash company that they needed to get our specifications and they were to come in with their best offer. Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 7 of 7 Our bid specs said we would talk to that one company that we chose, we would work with them. We would not negotiate with the other companies. My feeling on that was how would the companies that we did not choose feel about that. And the precedent going back to Gary Taylor, the issue was about some personnel issues within the city. His substitute on the substitute motion was to have all the documents to be sent to that Grand Jury and other public agencies. At that time I was in the minority with Gary, not in the majority, the attorney at that time .... the motion went nowhere it was mute. There was no need for a discussion if it was okay to do a substitute on a substitute motion. It's incorrect to say that is a precedent when his motion did not even get on the floor. If we want to bring this back for discussion as to whether we want to adopt that we may want to do that. Mayor Pro Tem Low —we sometimes pick and choose what we want to follow. Clark stated her reasons why she did not support the substitute on a substitute. Are we allowing the substitute over the substitute regardless of the item? We are showing inconsistency. You can have 3 levels, the main motion, a substitute motion and another substitute and no more. Council Member Ly— the reason why I am bringing this up is because that night this was an allowable motion when a council member did this, and that is why this is allowable. When this council overrode that rule, it said that I was wrong. I took the time to research; I got that from Gary Taylor, he was very thorough. Council Member Clark— to Polly that we pick and choose what we want, I did not want his motion, I just said Gary wanted to send all these things to a public agency and I did not second it. The motion was mute, there was no second. Read the minutes that the motion died for a lack a second. Mayor Pro Tem Low reiterated that Council should not look at what the item is; whether, they support or not support a substitute motion over a substitute motion. Council Member Ly— page 14 of 17 September 11, 2007 on Taylor motion read, "City attorney indicated that it was allowable motion." Council Member Clark— Garcia resigned when the majority changed and our new city attorney now gave advice and we took her advice at that time. If we want to change how we do things in the future fine. There is no need to apologize. Mayor Armenta — I agreed with the City Attorney that at the time when we render the decision we did it with all the facts that were presented to us. We did make a sound judgment, I will not apologize for the judgment that I made. At no time did we think you were inaccurate, but we did have to follow certain laws and it was impossible to go over the entire Roberts Rules of Order. It is allowable to do a sub over a sub but we still, as a governing body, have the right to appeal the decision of the chair, which was you at the time. We acted as body. Do we want to bring this back? Council Member Ly recommended overriding the initial ruling and allowing subs over subs. Also, he felt that Council should consider adopting the Rosenberg Rules of Order. Council Member Clark— I need clarification on this — of what is allowed as far as a sub on a sub Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 8 of 8 City Attorney Richman stated that Roberts Rules are not crystal clear. She explained that a motion was given to appoint "Rainbow' as the new trash hauler, and then a substitute motion was offered to the main motion for "Consolidated ". It can, therefore be moved if there are no other amendments pending. If a motion proposed to replace one or more paragraphs that are involved in a pending on the primary amendment, which is the second motion, in our example was to approve "Consolidated ". It is a secondary amendment to which the term subs is also applicable. That is your third motion, or your secondary amendment. Council Member Clark— if a motion to replace one or more paragraphs that are involved are involved in a pending primary amendment, that is the substitute, to replace one or more paragraphs. It wasn't to replace a paragraph it was to change everything. The third motion was to change everything. City Attorney Richman stated that the motion can change the whole entire paragraph; it does not say it could only be part of it. Interpreting Robert Rules, whether it's a sentence or the entire paragraph it could still be considered an amendment or substitute. Your concern is that it's not proper to have an amendment that is in fact amending the entire language. Council Member Steven Ly made a motion, seconded by Council Member William Alarcon to restore the allowance of a substitute motion on top of a substitute motion as it pertains to the Robert Rules of Order. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None City Manager Allred stated that the League of California Cities is recommending the Rosenberg Rules of Order to replace the Roberts Rules of Order. 6. COMMENTS FROM THE CITY COUNCIL Council Member Clark asked staff to coordinate with the Garvey School District in responding to their security alarms. Mayor Pro Tem Low— stated she received feedback from residents about the $10 stray cat fee and that she was informed people feed the stray cats. She asked staff to look into a policy to discourage people from feeding stray cats. Mrs. Low commended staff for a successful Fall Fiesta event. City Manager Allred stated that something could be done in terms of education regarding not feeding stray cats. Council Member Ly commended staff for a great Fall Fiesta event. MayorArmenta commended staff for the Fall Fiesta event and stated that it is important for Council to attend seminars and network at conferences to bring back vital information to the city. Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 9 of 9 Council Member Alarcon commended staff on the Fall Fiesta event and thanked Public Works staff on the new generator. 7. CLOSED SESSION A. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (a): 1 matters Tammy Gong, and L &G Rosemead Garden, LLC v. City of Rosemead and John Tran - Case No. BC487865 MayorArmenta recessed the meeting to closed session at 8:54 p.m. The City Council reconvened back from closed session at 9:15 p.m. City Attorney Richman announced there were no reportable action taken by the City Council in closed session. 8. ADJOURNMENT The meeting adjourned at 9:15 p.m. The next regular City Council meeting is scheduled to take place on October 23, 2012 at 7:00 p.m. 'W i � ATTEST: �,-,�LC4WUQA Gloria Molleda, City Clerk Rosemead City Council Regular Meeting Minutes of October 9, 2012 Page 10 of 10 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 October 9, 2012, was duly and regularly approved and adopted by the Rosemead City Council on the 14th of May 2013, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None Ai Gloria Molleda City Clerk