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CC - Minutes - 12-11-18MINUTES OF THE CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMIISSION REGULAR JOINT MEETING DECEMBER 11, 2018 The special meeting of the Rosemead City Council was called to order by Mayor Ly at 6:04 p.m., in the Rosemead City Hall Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Members Armenta and Low (arrived at 6:10 p.m.) ABSENT: None STAFF PRESENT: City Manager Molleda, City Attorney Richman, and City Clerk Hernandez 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATION OF LITIGATION Initiation of litigation pursuant to Govt. Code Section.54956.9 (d)(4); 2 Cases City Attorney Richman stated there was no reportable action taken by Council. City Attorney Richman requested an item be added to Closed Session under the Brown Act Section 54954.2 (b)(2), as the City received a letter from legal counsel for BIRD, related to the urgency ordinance for personal mobility devices on tonight's agenda; noted a 4/5 vote is required in order for this item to be added. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to add the following item to tonight's Closed Session: B. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Pursuant to Government Code Section 54956.9(4)(2) Number of Cases: 1 Motion was carried out by the following vote AYES: Armenta, Clark, Low, Ly ABSENT: None Mayor Ly noted City Council would reconvene to Closed Session at 6:36 p.m. The regular meeting of the Rosemead City Council was called to order by Mayor Steven Ly at 7:.06 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. Rosemead City Council, Housing Development Corporation and the SuccessorAgency.to the Rosemead Community. Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page I of 12 City Attorney Richman stated there was no reportable action taken by Council. PLEDGE OF ALLEGIANCE was led by Mayor Ly INVOCATION was led by Mayor Pro Tem Clark STAFF PRESENT: City Manager Molleda, Assistant City Manager Tsujiuchi, City Attorney Richman, Sergeant Fiedler, Director of Community Development Kim, Director of Public Works Alfonso, Director of Finance Lieu, Interim Director of Parks and Recreation Yugar, City Engineer Fajardo, and City Clerk Hernandez 2. GENERAL ELECTION MATTERS A. Resolution Reciting the Fact and Declaring the Result of the Consolidated Special Municipal Election held on November 6, 2018 The City Council will consider adopting Resolution No. 2018-68 certifying the result of the Consolidated Special Municipal Election, which was consolidated with Los Angeles County Statewide Election and held on Tuesday, November 6, 2018. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to approve Resolution No. 2018-68, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, RECITING THE FACT OF . THE CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD' ON NOVEMBER 6, 2018, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW Motion was carried out by the following vote AYES: Armenta; Clark, Low, Ly ABSENT: None B. Administration of Oath of Office and Issuance of Certificate of Election to Council Member Elect Sean Dang City Clerk Hernandez administered the Oath of Office to Council -Member Elect Sean Dang. 3. PUBLIC COMMENT - Mayor Ly opened the Public Comment period. Speaker Brian Lewin congratulated Council Member Dang on. his election; implored the City Council to join Temple City's effort in filing a lawsuit against the City of El Monte for their Medical Marijuana Dispensary; encouraged Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 2 of 12 Council to direct staff to inform residents of projects in neighboring cities that might affect them. Speaker Mary Lou Perez expressed appreciation to the City Council for their continuous support of the senior programs provided at the Garvey Center; displayed samples of the art projects the seniors created at the craft class; praised staff for their hospitality. Sneaker Margaret Holt commended staff and students for their effort of the beautiful Christmas Tree Lighting; echoed appreciation for the senior programs provided at the Garvey Center. There being no further comments, Mayor Ly closed the Public Comment period. 4. PRESENTATIONS The following presented Certificates of Recognition to Council Member Elect Sean Dang: • Hoang Nguyen, Field Deputy, Office of Los Angeles County Board of Supervisor Hilda Solis • Giselle Sorial, District Director, Office of Senator Susan Rubio • Rene Romero, Field Representative, Office of Assemblymember Ed Chau • Mayor Peter Chan and Council Member Stephen Lam, City of Monterey Park • Florencio Briones, Vice President, El Monte Union High School District Council Member Dang expressed appreciation to his fellow Council Members and legislative officials for their warm welcome to the City Council; thanked his family, friends and. colleagues for their continuous support during the campaign. A. Introduction of newly hired Community Service Officers Public Safety Supervisor Wong introduced newly hired Community Service Officers Christopher Eddy, Sean Gonzales, Manuel Lemus, Krystal Menjivar, and Nathan Quezada. B. Recognition of Deputy Marco Palmieri's promotion to Detective Sergeant Fielder recognized Deputy Palmieri for his promotion to Detective with the Los Angeles County Sheriff Department. Mayor Ly presented a Certificate of Recognition to Detective Palmieri. C. -Proclamation Declaring December 17, 2018 as the Commemoration of the 75th Anniversary of Chinese Exclusion Repeal Act Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 3 of 12 Mayor Ly presented a Proclamation to Charles Mao, Chinese American Citizen Alliance - San Gabriel Chapter, declaring December 17, 2018 as the Commemoration of the 75' Anniversary of the Chinese Exclusion Repeal Act. Mayor Pro Tem Clark stated she does not often bring it up, however, noted her great grandfather. was Rutherford B. Hayes, the 19th President of the United States, and in 1878 he vetoed the first Chinese Exclusion Act. Mayor Ly recessed the meeting to a reception in the lobby area to .welcome newly installed Council Member Sean Dang. D. Federal Public Affairs Advocacy Update by David Turch and Associate David Turch and Associates presented an update on federal public affairs, streamlining pertinent issues pertaining to infrastructure, transportation, open space, earmarks, etc. In response to Mayor Ly, David Turch indicated CDBG and HOME funding will be constant because the budget has already . been established; typically, the appropriations need to be finalized by the spring. 5. PUBLIC HEARINGS 6. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2018-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,376,693.08 NUMBERED 101701 THROUGH NUMBER 101784 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-62. • Resolution No. 2018-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $508-,998.47 NUMBERED 101785 THROUGH NUMBER 101898 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-70. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosetnead Community Development Commission Regular Joint Meeting - Minutes of December 11, 2018 Page 4 of 12 Resolution No. 2018-15 SA A RESOLUTION OF THE CITY OF ROSEMEAD, CALIFORNIA, AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND. DEMANDS IN THE SUM OF $1,048,995.39 NUMBERED 10252 THROUGH 10253 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-15 SA. B. City Council Meeting Minutes Recommendation: That the City Council approve the meeting minutes of the special meetings -of June 19,'2018 and December 4, 2018. C. 2019 City Council Meetings Schedule City Council meetings are held on the second and fourth Tuesdays of each month at 7:00 p.m. Historically, the City Council has cancelled the second meeting in August (summer break), November (Thanksgiving), and December (Christmas). Adopting a meeting schedule will give the City Council, staff, and the community the ability to plan their schedules accordingly. The City Council maintains the ability to adjust; cancel, and/or add other meetings dates, as deemed appropriate. Recommendation: That the City Council adopt a City Council meeting schedule for the 2019 calendar year. D. Quarterly Interim Financial Update for the Quarter Ending on September 30, 2018 The. City of Rosemead Quarterly Financial Update for the Quarter that ended on September 30, 2018, is attached for City Council -review. The Treasurer's Report of Cash and Investments for the City as of September 30, 2018, is also attached for review. It should be noted, that the annual financial reports for the Fiscal Year that ended on June 30, 201.8, are currently. being prepared and reviewed by the City's auditor. These reports should be available in early January 2019. Recommendation: That the City ' Council receive and file the Financial Update report and the Treasurer's,Report of Cash and Investments. E: Treasurer's Report for the City of Rosemead Successor Agency to the Rosemead Community Development District for the Quarter Ending on September 30, 2018 The .City of Rosemead Successor Agency to the Rosemead Community Development District (Successor Agency) prepares a Quarterly Treasurer's Report Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 5 of 12 of Cash and Investments. This report is reviewed by the Finance Committee each quarter. The Treasurer's Report is as of September 30, 2018. Recommendation: Thatthe Successor Agency Board Members receive and file the Treasurer's Report of Cash and Investments as of September 30, 2018. F. Treasurer's Report for the Rosemead Housing Development Corporation for the Quarter Ending on September 30, 2018 The Rosemead Housing Development Corporation. prepares a Quarterly Treasurer's Report of Cash and Investments. This report is reviewed by the Finance Committee each quarter. The Treasurer's Report is as of September 30, 2018. Recommendation: That the Rosemead Housing Development Corporation Board receive and file the Treasurer's Report of Cash and Investments as of September 30, 2018. G. Crosswalk Installation Project— Jay Imperial Project No, 2801.1— Rejection of Bids As part of the City's Fiscal Year 2018-2019 Capital Improvement Program, the City Council approved the Crosswalk Installation Project for Jay Imperial Park. The project consists of the installation of new curb ramps, crosswalk signage, sidewalk connecting to the Park's walking trail, and lighting. The crosswalk will provide a pedestrian crossing on Pine Street, connecting the east and west sections of the Park. On November 7, 2018, bids were received and reviewed for the project. Recommendation: That the City Council takee the following actions: 1. Reject all bids received for this project and direct staff to readvertise the project for new bids; and 2. Take such additional, related action that may be desirable. H. Release of Bond —*Tract Map No. 72871 at 9048 Garvey Avenue A Faithful Performance Bond and a Labor and Material Bond were included as Conditions of Approval for Tract. Map No. 72871 located at 9048 Garvey Avenue to ensure the completion of required publiworks improvements. The public works improvements consisted of the construction of sewer laterals, sidewalk, curb and gutter, and driveway;, planting of a parkway tree; relocation of a water meter; and installation of curb rains and survey monuments. The developer provided the required bonds in the amount of $49,302 for each bond. Since the work has been completed to the satisfaction of the Public Works Department, it is recommended that the bonds be released to the developer. Rosemead City Council, Housing Development. Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 6 of 12 Recommendation: That the City Council take the following actions: 1. Accept the completed public improvements; and 2. Authorize the release of the Faithful Performance and Labor and Material Bonds, in the amount of $49,302 for each bond. ACTION: Moved by Council Member Low and seconded by Mayor Pro Tem Clark to approve Consent Calendar- Items A through H. Motion was carried out by the following vote AYES: Armenta, Clark, Dang,-Low, Ly ABSENT: None 7. MATTERS FROM CITY MANAGER & STAFF A. Ordinance and an Urgency Ordinance Adding Chapter 10.28 to the Rosemead Municipal Code to Prohibit Shared On -Demand Personal Mobility Devices and Businesses and Adopting of Impound Fee Resolution Recommendation: That the City Council take the following actions: 1. Adopt Urgency Ordinance No. 985, by title only, entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 10.28 TO THE ROSEMEAD MUNICIPAL CODE TO -PROHIBIT SHARED OK - DEMAND PERSONAL MOBILITY DEVICES AND BUSINESSES AND DETERMINING THE ADOPTION OF CHAPTER 10.28 IS EXEMPT FROM CEQA 2. Introduce and conduct a first reading of Ordinance No. 986, by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, .CALIFORNIA, ADDING CHAPTER 10.28 TO _ THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT SHARED ON -DEMAND PERSONAL MOBILITY DEVICES AND BUSINESSES AND DETERMINING THE ADOPTION OF CHAPTER 10.28 IS EXEMPT FROM CEQA 3. Adopt City Council Resolution.No. 2018-71, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD -ESTABLISHING AN IMPOUND FEE AS CONTEMPLATED BY ROSEMEAD 1VIUNICIPAL CODE CHAPTER 10.28 Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 7 of 12 Assistant City Manager Tsujiuchi stated due to the proliferation of shared on - demand personal mobility devices such as bicycles and scooters, staff is recommending City Council consider an urgency ordinance and ordinance that prohibits such devices and their related businesses from operating within the City. Mr. Tsujiuchi indicated the new and emerging business model of operating shared, on -demand personal mobility devices from the public right=of--way creates public safety concerns that impact users and bystanders, and contributes to clutter in the public right-of-way. City Attorney Richman clarified the City is not prohibiting the legal. use of electronic bicycles or scooters; defined Shared On -Demand Personal Mobility Devices as "any wheeled device that has handlebars, and is designed to be either powered by an electric motor or other power source, or to be powered by human propulsion, that is accessed via an on -demand portal, whether through a smart - phone, access code, I.D. card, or similar method, and is operated by a private entity that owns, manages, maintains and insures devices for shared use by members, which are available to members in unstaffed, self-service locations". City Attorney Richman noted staff initially proposed an urgency and regular ordinance, however, recommends that the City Council does not adopt Urgency Ordinance No. 985 at this time; rather introduce Ordinance No. 986 for first reading and to proceed with a second reading at the January meeting.. There being no speakers, Mayor Ly opened and closed the Public Comment period. ACTION: Moved by Council Member Low and seconded by Council .Member Dang to take the following actions: I. Waive Urgency Ordinance No. 985, by title only, entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 10.28 TO THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT SHARED ON - DEMAND PERSONAL MOBILITY DEVICES AND BUSINESSES AND DETERMINING THE ADOPTION OF CHAPTER 10.28 IS EXEMPT FROM CEQA 2. Introduce and conduct a first reading of Ordinance No. 986, by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,, CALIFORNIA, -ADDING CHAPTER 10.28 TO THE ROSEMEAD MUNICIPAL CODE TO PROHIBIT SHARED ON=DEMAND PERSONAL MOBILITY 'DEVICES AND BUSINESSES AND DETERMINING THE ADOPTION OF CHAPTER 10.28 IS EXEMPT FROM CEQA Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December ll, 2018 . Page 8 of 12 Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None ACTION: Moved by Council Member Dang and seconded by Council Member Low to take the following actions: 3. Adopt City Council Resolution No. 2018-71, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING AN IMPOUND FEE AS CONTEMPLATED BY ROSEMEAD MUNICIPAL CODE CHAPTER 10.28 Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None B. Proposed 2019 City Legislative Platform Recommendation: That the City Council adopt the proposed 2019 City Legislative Platform. Assistant City Manager Tsujiuchi explained the City Legislative Platform provides a streamlined process for requests in support, against or neutral positions of fundamental legislative issues that may impact the City. Mr. Tsujiuchi further stated legislative support requiring Resolutions or important and unique issues would continue to be taken to'the Council for formal consideration and adoption. The proposed Platform has remained relatively unchanged from previous years and uses the City's Strategic Plan for guidance. Council Member Low expressed concern with#3, page 2 of the proposed Platform, which reads: "If the Mayor has concerns that the letter is not consistent with the City Council's prior position, the letter will be placed on the next City Council agenda for consideration." She further stated that the "prior position" verbiage is too, vague and is left open for interpretation. In response to Council Member Low, Mayor Ly suggested adding the, underlined. verbiage: "If the Mayor has concerns that the letter is not consistent ith what is stated in the Legislative Platform and StrategicPlan, the letter will be placed on the next City Council agenda for consideration." Council Member Armenta echoed Council Member Low's concern; opined that a letter stating the City's position on a legislative issue should only be sent on behalf of the City Council if the majority of Council approves the letter of position; however, if the majority does not approve the position of the letter, then that Council Member can choose to send it only on their..own behalf. Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 9 of 12 Council Member Low concurred with Council Member Armenta. Mayor Pro Tem Clark expressed concern that the proposed Platform does not address every legislation the City has taken a stand on; inquired what happens if a specific issue arises. Mayor Ly opined the Legislative Platform is specific in terms of what the City agrees to support or oppose; reiterated that if any Council Member has an issue with a specific legislation, then it can be added to a Council agenda for formal consideration and adoption. By consensus, the City Council agreed with Mayor Ly's suggested verbiage to #3, page 2. of the proposed Platform: "If the letter is not consistent with the City's Legislative Platform, the letter will be placed on the next City Council agenda for consideration." Mayor Ly inquired about the fourth bullet point under Beautification and Infrastructure, page 6 of the proposed Platform, which reads: "Support efforts for a Rosemead route as part of the 710 and the Metro Gold Line eastside expansion." By consensus, the City Council agreed with Mayor Ly's suggested verbiage to the fourth bullet point under Beautification and Infrastructure, page 6: "Support efforts to resolve the congestion caused by the 710 Freeway and the Metro Gold Line eastside expansion." There being no speakers, Mayor Ly opened and closed the Public Comment period. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to adopt the proposed 2019. City Legislative Platform, as amended. Motion was carried out by .the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None C. Olney Street Traffic Study Recommendation: That the City Council take the following actions: 1. Authorize staff -to solicit proposals from qualified traffic consultants to perform a traffic study in the vicinity of Olney Street and Temple City Boulevard; and 2. Take any additional related actions that may be necessary.. Council Member Armenta recused herself from this item as she indicated for the record that she lives on Olney Street. Public Works Director Alfonso stated in response.to various traffic concerns raised by residents pertaining to Olney Street between Rio Hondo Avenue and Temple City Boulevard, staff has proposed incremental measures that include enhanced Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community .Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 10 of 12 traffic signage and pavement markings to address many of those concerns. Mr. Alfonso noted many residents have expressed a greater preference, if possible, to close the east end of Olney Street at Temple City Boulevard and eliminate the on-ramp to the westbound I-10 Freeway, as well as access to Olney Street from southbound Temple City Boulevard; as a result, a comprehensive traffic study is necessary to review all the traffic movements impacting Olney Street, and explore the feasibility of closing the east end of Olney Street. Mayor Ly opened the public comment period. Speaker Brian Lewin echoed the other residents' traffic concerns; expressed support for closure of the east end of Olney Street at Temple City Boulevard, however opined a trafficlfeasibility study is needed. There being no further comments, Mayor Ly closed the public comment period. Mayor Ly stated he had no objections to a traffic study, however, would like the study to include possible impacts (i.e. overflow) to the adjacent streets if we close an on-ramp access. Council Member. Low indicated support for the traffic study as it would help Council better understand our options. Mayor Ly requested the study be not limited to Olney Street between Rio Hondo Avenue and Temple City Boulevard but to take advantage of the study by including the surrounding area. Council Member Dang inquired if there is a possibility to remove the island during the traffic study or at least eliminating the triangular piece to curtail the U-turn issues. Public Works Director Alfonso stated staff would be happy to look in to all of Council's concerns. ACTION: Moved by Council Member Dang and seconded by Council Member Low to take the following actions: 1. Authorize staff to solicit proposals from qualified traffic consultants to perform a traffic study in the vicinity of Olney Street and Temple City Boulevard; and 2. Take any additional related actions that may be necessary Motion was carried out . by the following vote AYES: Clark, Dang, Low, Ly NOES: None ABSENT: None ABSTAIN: Armenta Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Commission Regular Joint Meeting Minutes of December 11, 2018 Page 11 of 12 8. MATTERS FROM MAYOR & CITY COUNCIL A. City. Council Comments Mayor Pro Tem Clark thanked staff for all their work with the holiday festivities. Council Member Low echoed appreciation to staff for the wonderful Tree Lighting Ceremony; invited Council and safety personnel to the Holiday feast on Saturday, December 15, 2018, where special families are served'. Council Member Dang commended staff for organizing outstanding Holiday festivities; thanked Council and staff for a warm welcome to the Council. Council Member Armenta thanked staff for the Tree Lighting Ceremony & Dinner with Santa; suggested staff follow-up with the previously discussed survey of the blinking "Stop" signs. Mayor Ly congratulated Council Member Sean Dang and applauded candidates James Berry and Nancy Eng for their hard work during the election; requested the Gonzalves and Son lobbyists to provide an update on legislative issues at a future Council meeting; echoed appreciation to staff for wonderful Holiday festivities. 9. ADJOURNMENT Mayor Ly adjourned the regular meeting at 9:31 p.m., in memory of George H.W. Bush, our 41st President of the United States. The next regular City Council meeting is scheduled to be held on January 8, 2019, at 7:00 p.m. in the Rosemead City Hall Council Chamber. fi ro` fP� Ericka Hernandez, City Clerk Margare Clark, Mayor Rosemead City Council, Housing Development Corporation and the Successor Agency to the Rosemead Community Development Comfnission Regular Joint Meeting Minutes of December 11, 2018 Page 12 of 12