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CC - Minutes - 03-26-13Minutes of the City Council Meeting March 26, 2013 The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 6:05 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, Clark and Ly ABSENT: None 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. CLOSED SESSION A. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (d -1): 2 matters 1. Alhambra & 46 Cities v. Los Angeles County (PTAF case) 2. Tammy Gong, and L &G Rosemead Garden, LLC v. City of Rosemead and John Tran - Case No. BC487865 City Attorney Richman stated that Council would discuss closed session item number 2 and not item 1. Mrs. Richman explained that if there are reportable actions taken by the City Council, it would be announced at the regular 7:00 p.m. Council meeting. Mayor Armenta recessed the City Council meeting to closed session at 6:06 pm. Mayor Pro Tern Low arrived to the meeting at 6:10 p.m. Regular City Council Business Items The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 7:01 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Low INVOCATION: Council Member Alarcon PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Alarcon, Clark and Ly Rosemead City Council Meeting Minutes of March 26, 2013 Page 1 of 9 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. City Attorney Rachel Richman announced that there was no reportable action taken in Closed Session. 2. PUBLIC COMMENTS FROM THE AUDIENCE - None 3. PRESENTATION Proclamation for Captain Tim Murakami for His Service as Chief of Police. City Council presented a proclamation of recognition and a Rosemead Street sign to Captain Tim Murakami for his service as Rosemead's first Chief of Police. Captain Tim Murakami — thanked the City Council and staff for the proclamation. He commended the Deputies and Public Safety staff for their hard work and support to the City of Rosemead. Council Member Ly stated that under Captain Murakami's leadership, crime has fallen about 28 percent and violent crimes 50 percent. The Public Safety Connections Forum has brought together different community groups to talk about crime prevention programs. Mr. Ly thanked Captain Murakami for his service to the City. Council Member Clarkthanked Captain Murakami for bringing cohesiveness to the organization, his model of integrity and appreciated his service to the City. Mayor Pro Tem Low thanked Captain Murakami for his leadership and commended him for his commitment to public safety for the residents. Council Member Alarcon thanked Captain Murakami for his work and service to the City. MayorArmenta commended Captain Murakami for his work in Rosemead and wished him well on his new job. Public Safety Coordinator Mandy Wong stated that on behalf of the Public Safety staff, she would like to thank and congratulate Captain Murakami on his promotion. 4. CONSENT CALENDAR A. Minutes September 25, 2012 — Regular Meeting January 22, 2013 — Regular Meeting B. Claims and Demands Rosemead City Council Meeting Minutes of March 26, 2013 Page 2 of 9 • Resolution No. 2013 — 09 Recommendation: to approve Resolution No. 2013 — 09 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $517,727.21 NUMBERED 80266 THROUGH 80435 INCLUSIVELY C. Release of Bond — Parcel Map 71294 9223 Rose Street A faithful performance bond was included in the conditions of approval of Tentative Parcel Map 71294 to ensure the completion of required public works improvements. The required improvements consisted of construction sewer laterals and a driveway, the planting of two (2) parkway trees, and the relocation of a water meter. The subdivider provided a faithful performance bond totaling the amount of $19,580. The required improvements have been completed to the satisfaction of the Public Works Department. Recommendation: That the City Council: 1. Accept the completed public improvements; and 2. Authorize the release of the faithful performance bond, in the amount of $19,580. Mayor Pro Tem Polly Low made a motion, seconded by Council Member Steven Ly to approve the Consent Calendar. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 5. MATTERS FROM CITY MANAGER & STAFF A. CDBG and HOME Programs FY 2013 -14 Annual Action Plan On February 12, 2013, the City Council conducted a public hearing to receive input on the development of the City's Annual Action Plan for the period of July 1, 2012 — June 30, 2013. Four (4) social service organizations (Family Counseling Services, Family Promises, People for People, and Southern California Housing Rights Center) and one (1) Community Housing Development Organization — CHDO (Rio Hondo Community Development Corporation) made presentations at the public hearing. Under federal regulations, no more than 15% of Rosemead City Council Meeting Minutes of March 26, 2013 Page 3 of 9 the Community Development Block Grant (CDBG) allocation can be used for social service activities. In addition, under the HOME Investment Partnership (HOME) program, at least 15% must be set aside for a CHDO. The Federal government is currently working on allocating CDBG and HOME funding awards and has not yet announced the final amounts to each participating community; however, it is estimated that the City of Rosemead will sustain a 5.1 % funding reduction to both allocations due to the 2013 Sequestration. Based on this estimated reduction, a summary of projects has been prepared according to the funding requests for ongoing CDBG and HOME funded activities. Recommendation: That the City Council review and finalize the CDBG and HOME funding recommendations under the City's FY 2013 -14 Annual Action Plan. Community Development Director Michelle Ramirez reviewed the staff report. Council Member Steven Ly made a motion, seconded by Council Member Margaret Clark to review and finalize the Community Development Block Grant and HOME funding under the City's Fiscal Year 2013.14 Annual Action Plan. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Council Member Clark stated that she was glad to be able to increase funding for People for People. B. Citywide Engineering and Traffic Survey The California Vehicle Code requires that the City conduct an Engineering and Traffic Survey of local streets every seven (7) years. This requirement helps to ensure the proper posting of speed limits and also enables the Sheriffs Department to utilize radar or other electronic speed measuring devices for speed enforcement efforts. To meet this requirement, staff coordinated an analysis to evaluate the existing speed zones within the City of Rosemead. The Traffic Commission reviewed the findings at two (2) public meetings and after taking public input, concurred with the recommendations identified in the survey. Recommendation: That the City Council: 1. Review and approve the Citywide Engineering and Traffic Survey establishing speed limit zones; and 2. Introduce for First Reading, by title only, Ordinance No. 929, entitled: Rosemead City Council Meeting Minutes of March 26, 2013 Page 4 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, SETTING SPEED LIMITS IN ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE Director of Public Works Chris Marcarello reviewed the staff report Mayor Pro Tem Low asked for clarifications on speed recommendations for De Adelena Avenue Director of Public Works Marcarello explained that De Adelena Avenue is a local residential street and the original recommendation was based on the survey analysis of speeds and roadway width for 30 miles per hour. After review by the Traffic Commission and a member of the public, concerns were brought up regarding different roadway conditions; therefore, it was recommended to downgrade the speed from 30 to 25 miles per hour. The Traffic Engineer has discretions in looking into speed and in reviewing that street. It was determined that the street was actually warranted from reduction from 30 to 25 miles per hour. Brian Lewin —did not support the traffic survey conducted because he felt it was a disservice to the safety improvements in the City. He explained that some streets were not observed for their turn conflicts and visibility issues. Mr. Lewin stated that he was not against the State mandate requirement of the 85- percentile guideline but rather the failure to look at the streets and determine the appropriate speeds. He asked that Council delay the recommended approval for one meeting and reevaluate for appropriateness of speed limits with another agency; Specifically, Mission Drive from the city limit to Walnut Grove, and Marshall Street from Hart to Rio Hondo Avenue. City Manager Allred explained that the recommendations for speed limit reductions are to enhance vehicular and pedestrian safety. The survey was done in a professional study by the traffic engineering firm and then considered by the Traffic Commission at public meetings. Director of Public Works Marcarello added that there are eight streets with speed reduction recommendations. He explained that Mr. Lewin was thoroughly involved with the Traffic Commission reviews and survey when he expressed his concerns and considerations. Council Member Ly supported the speed limits reductions on keynote areas, which are mandated, such as school zones. Mr. Ly asked that for future projects staff include the Traffic Commission minutes with the staff reports. Council Member Clark agreed with Council Member Ly and asked to postpone the item and review the Traffic Commission Minutes. Mayor Armenta stated that there is a deadline to approve the survey, otherwise funding will be lost. Director of Public Works Marcarello explained that the speed survey has to be updated by the end of April in order for citations to be enforceable with the courts. City Attorney Richman clarified that the ordinance could be brought back at the next meeting. However, the ordinance would take effect until 30 days after its final approval. Rosemead City Council Meeting Minutes of March 26, 2013 Page 5 of 9 Director of Public Works Marcarello stated that speeding ticket citations create revenue for the City. Council Member Clark clarified that the City would not lose money from the State or Federal Government. Director of Public Works Marcarello explained that if someone was to go to court and contest a speeding citation and the survey is not updated the ticket would not be valid in the courts. Council Member Ly stated that the ordinance should be approved to make the City laws enforceable to avoid problems when citations are issued. City Manager Allred reiterated that the survey was done by a professional firm and has been through the review of the Traffic Commission. Staff is confident that the survey was done correctly in accordance with State laws. Council Member Alarcon expressed support of staff's recommendation and stated that Council should not wait to approve the survey. Mayor Pro Tem Low asked how often the speed survey can be updated. City Manager Allred stated that the update is done every seven years. Director of Public Works Marcarello explained that any revisions after the approval of the survey could be done within the first six months of approval. MayorArmenta stated that the Traffic Commission has done their due diligence when reviewing the speed survey and supports to approve the ordinance. City Attorney Richman read ordinance by title. Council Member Steven Ly made a motion, seconded by Mayor Pro Tern Polly Low to approve the first reading of Ordinance No. 929 and approve the Citywide Engineering and Traffic Survey establishing speed limit zones. Vote resulted in: Yes: Alarcon, Armenta, Low, Ly No: None Abstain: Clark Absent: None 6. GENERAL ELECTION MATTERS Rosemead City Council Meeting Minutes of March 26, 2013 Page 6 of 9 A. Resolution Reciting the Facts of the General Municipal Election held March 5, 2013 and Declaring the Results as Required by Law On March 11, 2013, the City Clerk's office conducted the manual tally of one precinct as required by the California Elections Code. On the same day, the final count of ballots was conducted including provisional ballots and vote by mail ballots that were submitted on March 5, 2013 (Election Day) before the closing of polling locations. Resolution No. 2013 -10 declares the official results of the March 5, 2013 election and includes the signed Certification of Canvass of election results. The resolution also declares that the City Clerk must immediately make and deliver to each of the persons elected a Certificate of Election and administer to each the Oath of Office prescribed in the Constitution of the State of California. Recommendation: to approve Resolution No. 2013 —10, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 5, 2013, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW Council Member Steven Ly made a motion, seconded Mayor Pro Tern Polly Low to approve resolution 2013 -10. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None B. Administration of the Oath of Office and Issuance of Certificates of Election to Sandra Armenta, Steven Ly, and Margaret Clark City Clerk Gloria Molleda announced that the Oaths of Office would be administered in the same order as the names of candidates appeared on the general municipal election ballot. Maya Villa-gran - approached the podium to administer the Oath of Office to candidate elect Sandra Armenta. Dr. Mathew Lin - approached the podium to administer the Oath of Office to candidate elect Steven Ly. Phil Clark - approached the podium to administer the Oath of Office to candidate elect Margaret Clark. C. Presentations and Comments Rosemead City Council Meeting Minutes of March 26, 2013 Page 7 of 9 Tommy Tsang — representing Judy Chu's office, presented certificates of congressional recognition to the re- elect Council Members. Mayor Barbara Messina — Mayor of Alhambra and Mayor Pro Tem Stephen Sham congratulated the re- elected City Council Members. Janet Chin — stated that on behalf of Senator Ed Hernandez and herself, she wanted to congratulate the re- elected City Council Members. Mrs. Chin expressed support to the City Council and stated that as a Garvey School Board Member she hopes to establish a relationship with the City of Rosemead and wish them the best on their new office terms. Council MemberArmenta thanked some of her supporters, Mayor Pro Tem Daine Martinez of the City of Paramount; former Council Member Mike of West Covina and Upper San Gabriel Water District Board Member; and Thomas Wong, San Gabriel Water District. Council Member Ly thanked Andrew Wong, Pomona Unified School District; Szu -Pei Lu Yang, Rowland Water District; Albert Chang, Interim Executive Director of Chinese - American Elected Officials, Association; and his grandmother, family and friends for their support. City Manager Allred announced that City of South El Monte delivered certificates of recognition to the re- elected Council Members. Council Member Clark thanked all her supporters, family and friends for their support during the election. Council MemberArmenta thanked family, friends and the community for their support and well wishes. Mayor Pro Tem Low congratulated the re- elected City Council Members. 7. CITY COUNCIL REORGANIZATION This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem, respectively for one -year terms. A. Appointment of Mayor — City Clerk Presiding Appointment of Mayor Pro Tem — Newly appointed Mayor Presiding C. Presentations and Comments Council Member Steven Ly made a motion, seconded by Council Member Margaret Clark to appoint Polly Low as Mayor of the City of Rosemead. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly Rosemead City Council Meeting Minutes of March 26, 2013 Page 8 of 9 No: None Abstain: None Absent: None Mayor Low asked for nominations for Mayor Pro Tem. Council Member Sandra Armenta made a motion, seconded by Council Member Margaret Clark to appoint William Alarcon as Mayor Pro Tem of the City of Rosemead. Vote resulted in: Yes: Alarcon, Armenta, Clark Low, Ly No: None Abstain: None Absent: None Mayor Low and Council presented a plaque of appreciation to outgoing Mayor Sandra Armenta for her a service as Rosemead Mayor. 8. MATTERS FROM MAYOR & CITY COUNCIL Tommy Tsang — representing Judy Chu's office, presented certificates to outgoing Mayor Armenta and outgoing Mayor Pro Tem Low in recognition of their service to the City. Council Member Clark asked to adjourn the meeting in memory of Planning Commissioner Michael Saccaro and resident David Rodriguez. 9. ADJOURNMENT The meeting adjourned in the Memory of Planning Commissioner Michael Saccaro and resident David Rodriguez. The next regular City Council meeting is scheduled to take place on April 9, 2013 at 7:00 p.m. in the Garvey Community Center, located at, 9108 Garvey Avenue in Rosemead. 346 Polly Lo Mayor ATTEST: Iona Molleda, City Clerk Rosemead City Council Meeting Minutes of March 26, 2013 Page 9 of 9 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 March 26, 2013, was duly and regularly approved and adopted by the Rosemead City Council on the 28th of May 2013, by the following vote to wit: Yes: Alarcon, Armenta, Low, Ly, No: None Abstain: None Absent: Clark Gloria Molleda City Clerk