CC - Item 5B - Minutes of February 14, 2023MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2023
The regular meeting of the Rosemead City Council was called to order by Mayor Dang at 7:06 p.m.,
in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
PRESENT: Mayor Dang, Mayor Pro Tem Ly, Council Members Armenta and Clark
ABSENT: Council Member Low
PLEDGE OF ALLEGIANCE was led by Council Member Armenta
INVOCATION was led by Mayor Dang
STAFF PRESENT: City Manager Kim, City Attorney Richman, Assistant City Manager Bruckner,
Director of Finance Chau, Director of Parks and Recreation Boecking, Director of Public Works
Chung, and City Clerk Hernandez
1. PUBLIC COMMENT
Helen Romero Shaw, Public Affairs Manager for Southern California Gas Company,
provided information about billing assistance available to the public due to the recent
increase in natural gas prices. The California Public Utilities Commission approved the
acceleration of the California Climate Credit for customers in response to the historical
natural gas crisis impacting the Western United States, which meant SoCal Gas
residential customers would receive a credit of $50.77 in their February or March bill,
and they will see a decrease in price commodity. Furthermore, SoCal Gas had delayed
collection activities on overdue residential accounts until April 1, and will not disconnect
outstanding customers before July 1. In addition, SoCal Gas recently donated $1 million
to the gas assistance fund, a program that helps low-income qualified customers pay their
natural gas bills.
Council Member Clark requested city staff place SoCal Gas information programs on the
city's website to provide a resource to the residents.
Council Member Armenta stated the City usually does not advertise for private
companies; however, an exception is warranted for the information and resources
available for public assistance during the natural gas crisis.
2. NEW BUSINESS
A. Adoption of Resolution No. 2023-07, Reauthorizing the Need for
Teleconferencing Option for City Council and Commission Meetings Pursuant
to Assembly Bill No. 361
Rosemead City Regular Meeting
Minutes of February 14, 2023 AGENDA ITEM 5.11
Page I of 16
The City Council will consider continuing implementing provisions of
Assembly Bill (AB) No. 361, providing an alternative to the public meeting
teleconferencing requirements of Government Code Section 54953(b)(3) as long as
there is a state of emergency, and the Legislative Body makes certain findings
regarding the state of emergency. Resolution No. 2023-07 makes the required
findings under AB 361, and if adopted, it will allow the City to continue
teleconference accessibility for public meetings for the next 30 days to help mitigate
the community transmission of COVID-19.
CE A: Not subject to the California Environmental Quality Act.
Recommendation: That the City Council adopt Resolution No. 2023-07, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA AUTHORIZING THE NEED FOR
TELECONFERENCING OPTION FOR CITY COUNCIL AND
COMMISSION MEETINGS PURSUANT TO ASSEMBLY BILL
NO. 361 AND MAKING FINDINGS AND DETERMINATIONS
REGARDING THE SAME
City Clerk Hernandez reported that by approving Resolution No. 2023-07, the City
Council would authorize the option to teleconference at public meetings under
AB 361 for the next 30 days. In addition, explained that Governor Newsome would
be rescinding the state of emergency on February 28, 2023. Therefore, regular
teleconferencing protocols would resume under the traditional Brown Act rules.
However, under the new AB 2449, limited noticing exceptions would be allowed
under "just cause" and "emergency situations."
Council Member Armenta asked for clarification if the regular Brown Act rules for
teleconferencing meant you would need to post an agenda at your remote location
and allow members of the public to attend.
City Clerk Hernandez affirmed that as of March 1, 2023, the regular Brown Act rules
would apply for the teleconferencing option that includes noticing at the remote
location and including the site location on the agenda. In addition, explained that the
provisions of AB 2449 allow local agencies to hold remote meetings without giving
the public access to private locations, subject to certain restrictions. AB 2449 may be
used only in a "just cause" situation, such as a family childcare or caregiving need; a
contagious illness; a need related to a physical or mental disability that is not
otherwise accommodated, or travel while on official business.
City Attorney Richman added that "emergency circumstances" meant a physical or
family emergency that prevents the member from attending in person and requires
approval from the legislative body. Also, individual members of the legislative body
may only use teleconferencing under AB 2449 up to three times a year.
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Minutes of February 14, 2023
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Council Member Clark asked for clarification if it's required to have a quorum
present. For example, can you teleconference under AB 2449 while attending a
conference and the quorum is not present.
City Attorney Richman stated that the new exception under the provisions of
AB 2449 is not going to apply to conferences. It's going to be emergency situations
or health care situations.
Council Member Clark requested additional information to be provided to the City
Council to better understand the provisions of AB 2449.
ACTION: Moved by Council Member Clark and seconded by Council Member
Armenta to approve Resolution No. 2023-07, reauthorizing the use of
teleconferencing option for public meetings pursuant to Assembly Bill No. 361.
Motion was carried out by the following roll call vote AYES: Armenta, Clark,
Dang, and Ly; NOES: None; ABSENT: Low
3. PRESENTATIONS - None
4. PUBLIC HEARING - None
5. CONSENT CALENDAR
ACTION: Moved by Council Member Clark and seconded by Council Member Armenta
to approve the Consent Calendar Items A through E. Motion was carried out by
the following roll call vote AYES: Armenta, Clark, Dang, and Ly; NOES: None;
ABSENT: Low
Council Member Armenta commended Director of Public Works Chung and his staff for
their hard work in placing public works projects on each agenda.
A. Claims and Demands
• Resolution No. 2023-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN
CLAIMS AND DEMANDS IN THE SUM OF $1,545,991.24
CHECKS NUMBERED 113233 THROUGH NUMBER 113343,
DRAFTS NUMBERED 6209 THROUGH NUMBER 6238 AND
EFT NUMBERED 51475 THROUGH NUMBER 51505
INCLUSIVELY
CE A: Not subject to the California Environmental Quality Act.
Recommendation: Adopt Resolution No. 2023-10.
Rosemead City Regular Meeting
Minutes of February 14, 2023
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B. Minutes
CEOA: Not subject to the California Environmental Quality Act.
Recommendation: That the City Council approve the regular meeting minutes of July
27.2021.
C. Sidewalk Gap Closure - Delta Avenue from Mission Drive to Wells Street Project -
Project No. 21029 — Adopt Resolution No. 2023-11 to Authorize the City Manager
to Execute a Program Supplemental Agreement with Caltrans
As part of the City's Fiscal Year 2022-23 Capital Improvement Program,
the City Council approved the Safe Routes to School — Sidewalk Gap Closure —
Delta Avenue from Mission Drive to Wells Street Project. The City received grant
funds from the Caltrans Active Transportation Program (ATP) in the amount of
$1,100,000. In conformance with the grant requirements and to expend the grant
funds, the City Council must adopt a resolution designating the City Manager as the
authorized official to execute a Program Supplemental Agreement with Caltrans.
Recommendation: That the City Council take the following actions:
1. Adopt Resolution No. 2023-11, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A PROGRAM SUPPLEMENTAL
AGREEMENT WITH CALTRANS ON BEHALF OF CITY OF
ROSEMEAD FOR SIDEWALK GAP CLOSURE - DELTA
AVENUE FROM MISSION DRIVE TO WELLS STREET
PROJECT;
2. Find that the proposed work involves the rehabilitation of an existing public
facility; therefore, the project is Class 1 Categorically Exempt pursuant to the
California Environmental Quality Act.
D. Approval of Traffic Improvements on Ramona Boulevard Between Burton Avenue
to the I-10 EB Off Ramps/Rosemead Boulevard
At the November 3, 2022, Traffic Commission Meeting, staff presented
recommendations and options for traffic improvements on Ramona Boulevard from
Burton Avenue to Rosemead Boulevard. After discussion and presentation of the
item, the Traffic Commission approved the staff recommendations. Public Works
Field Services staff will complete all the recommended items. If necessary, additional
materials and supplies may be purchased at a minimal expense to complete the
recommended work and staff would utilize approved Fiscal Year 2022-2023 Traffic
Signs and Markers available funds.
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Minutes of February 14, 2023
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Recommendation: That the City Council approve the Traffic Commission's
recommendations:
1. INSTALL NEW OVERSIZED SPEED LIMIT SIGN AND PAVEMENT
LEGEND: Install new Oversized Speed Limit (R2-1) Sign and Pavement legend,
approximately 150 -feet west of Ramona Boulevard and Burton Avenue
intersection for eastbound traffic on existing light pole. (Per CAMUTCD Section
2B. 13 and CAMUTCD Table 2B-1.)
2. INSTALL "CROSS TRAFFIC DOES NOT STOP" (W44P) PLAQUES ON
EXISTING STOP SIGNS: Add "Cross Traffic Does Not Stop" (W44P) Plaques
to existing Stop Signposts at side streets that intersect with Ramona Boulevard.
• Install "Cross Traffic Does Not Stop" Plaque to Existing Stop Signposts at
the intersections of Ramona Boulevard and Bartlett Avenue, Ramona
Boulevard and Muscatel Avenue, and Ramona Boulevard and Ivar Avenue.
3. REMOVE AND REPLACE EXISTING SPEED LIMIT SIGN WITH NEW
OVERSIZED SPEED LIMIT SIGN: Remove and Replace existing 30 -MPH
Speed Limit Sign (R2-1) with oversized Speed Limit Sign and Pavement Legend
for westbound traffic on Ramona Boulevard. (Per CAMUTCD Table 2B-1).
Sign should be posted at least 8' high so that it does not hang over into the street
and passing vehicles would not strike the sign since there is a tall sound wall on
the north side of Rosemead Boulevard. Also add pavement legends opposite the
speed limit sign.
4. INSTALL WHITE SIDE STRIPE 8 feet from curb with an angled diagonal stripe
to denote this is a parking lane not another travel lane on the south side of
Ramona Boulevard from Burton Avenue to Ivar Avenue.
5. REMOVE THE 35MPH SPEED LIMIT SIGN under the curve sign at the
1-10 EB Ramp and replace with 20 MPH sign warning sign.
6. ADD NEW W 1-8 CHEVRONS (BI-DIRECTIONAL) along the metal barricades
at the curve east of Ivar Avenue. Remove old OM1 -3 reflectors. Add a set of 3
WI -8 signs posted back-to-back in highly reflective neon yellow (post at the
beginning, end and in the middle of the metal barricade).
7. ADD YELLOW RPMS IN THE CENTER YELLOW STRIPE in the curve so
that the curve is more visible to motorists at night. Approximately 150 feet.
8. Find that the proposed work involves the maintenance and minor alteration of
existing public infrastructure; therefore, the project is Class 1 Categorically
Exempt pursuant to the California Environmental Quality Act.
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Minutes of February 14, 1023
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E. Adoption of Resolution No. 2023-12 Amending the Fiscal Year 2022-23 Budget and
Approving the First Amendment to the Transit Services Agreement
On February 25, 2020, the City Council approved a three-year agreement with
First Transit, Inc. (First Transit), to provide management, operation, and maintenance
of the City's transit services. The existing agreement is set to expire on March 31,
2023. In accordance with the original agreement, the City may extend the term of the
agreement for up to two additional years. Staff is recommending that the agreement
be amended to extend the contract term for an additional two years. If approved,
the total annual compensation for the first extension year (April 1, 2023 -
March 31, 2024) would be in the amount of $1,176,098 for operations and an
estimated $135,002 for fuel, and the second extension year (April 1, 2024 —
March 31, 2025) would be in the amount of $1,276,054 and an estimated
$141,752 for fuel.
CEQA: This item is not defined as a project under the California Environmental
Quality Act (CEQA); therefore, the proposed plan is not subject to CEQA.
Recommendation: That the City Council take the following actions:
1. Authorize the City Manager to amend the agreement with First Transit to extend
the contract for an additional two (2) years. The annual compensation for the first
extension year (April 1, 2023 - March 31, 2024) would be in the amount of
$1,176,098 for operations plus $135,002 for estimated fuel costs for an annual
total of $1,311,100, and the second extension year (April 1, 2024 —
March 31, 2025) would be in the amount of $1,276,054 plus $141,752 for
estimated fuel costs for an annual total of $1,417,806; and
2. Adopt Resolution No. 2023-12, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING THE FISCAL YEAR
2022-23 BUDGET AND AUTHORIZING A SUPPLEMENTAL
APPROPRIATION FROM PROPOSITION C FUND RESERVES
IN THE AMOUNT OF $220,000 TO FUND THE CONTRACT
EXTENSION WITH FIRST TRANSIT, INC.
6. MATTERS FROM CITY MANAGER & STAFF
A. Fiscal Year 2022-23 Mid -Year Budget Review, Adoption of Resolution No. 2023-13
Amending the FY 2022-23 Budget and Related Actions; Adoption of
Resolution No. 2023-14 Amending the City of Rosemead's Consolidated
Salary Schedule
The adopted General Fund operating budget includes appropriations of $27.7 million
against revenue estimates of $27.7 million, including a $1.4 million transfer from
State and Local Fiscal Recovery Funds (SLFRF). The FY 2022-23 operating revenue
(excluding the transfer in) budget was estimated at $0.7 million greater than the prior
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Minutes of February 14, 2023
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year (FY 2021-22) budgeted estimate. Fiscal year 2022-23 appropriations are
$1.4 million more than the prior year budget and $3.4 million more than the
FY 2021-22 actual expenditures. Based on year-end estimates the staff anticipates
revenue (excluding transfer) will exceed original estimates by nearly $3.4 million
while operating expenditures will fall $854 thousand below budgeted levels.
CEOA: Not subject to the California Environmental Quality Act.
Recommendation: That the City Council take the following actions
1. Receive and file the Mid -Year Budget Review Report.
2. Adopt Resolution No. 2023-13, entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING THE FY 2022-23
OPERATING AND CAPITAL IMPROVEMENT PROGRAM
BUDGETS AND UPDATING THE AUTHORIZED STAFFING
LIST AND UPDATING THE LISTING OF SALARY AND JOB
CLASSIFICATIONS FOR FULL-TIME AND PART-TIME
POSITIONS; and
3. Adopt Resolution No. 2023-14, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING THE
COMPREHENSIVE SALARY SCHEDULE TO MEET THE
CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION
570.5 AND 571 TO REFLECT APPROVED RATES FOR ALL
FULL-TIME EMPLOYEES OF THE CITY OF ROSEMEAD
Director of Finance Chua presented an overview of the City's current financial status
and an estimate of the end of the fiscal year revenues projected at $29.7 million. He
indicated that Finance anticipates a $2.9 million surplus like last year. Therefore, the
$1.4 million transfer from the ARPA bonds may be unnecessary. Finance also
expects an ending fund balance of approximately $31.4 million, which is $2.9 million
higher than the prior year's fund balance of $28.6 million. He noted that according to
the City's fund balance reserve policy, 40% of expenditures must be designated as
committed, which equates to approximately $11.1 million.
Property taxes, legal vehicle license fees, and sales taxes are strong and are all well
over the 2018-19 pre -pandemic levels. Transient occupancy taxes are still catching
up but are quickly approaching pre -pandemic levels. In addition, revenues projected
by the third -party consultant HDL indicate that building permits, plan checking,
industrial base permits, public works permits, and animal licenses will have an over -
budget projection.
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The City Clerk's budget is at 88% of its total budget due to JPIA insurance premiums
paid in July for general liability and property insurance. Community Development is
at 43% and is expected to exceed its budget by the end of the year due to the amount
of revenue it is expected to collect. The Capital Improvement Projects (CIP) carry
forward appropriations for twenty-two projects and are divided among eleven funds
for a total continuing obligation of $39.8 million.
City staff recommended staffing changes, including two additional Public Works
positions to support and deliver the FiberCity project. The Finance Department is
requesting an accounting specialist position that will give the department more
flexibility in hiring and filling its vacant senior accounting specialist position. The
Community Development Department is asking for the addition of salary steps with
respect to their part-time administrative intern position. The position only has a single
step at $15.50 an hour. Additional steps would allow the department to provide a
narrowed increase to employees in positions and be more competitive in recruitment.
Staff recommended to receive and file the mid-year budget 2022-23 report, adopt
Resolution No. 2022-13, amend the operating and CIP budgets, and authorize
additional staffing, and adopt Resolution No. 2023-14 amending the comprehensive
salary schedule.
Council Member Clark asked if FiberCity is reimbursing $150,000 for each of the
two full-time position in the Public Works Department.
Director of Finance Chua stated the reimbursements totaled $350,000 for both
positions.
Director of Public Works Chung explained that FiberCity's reimbursements would
be $175,000 per position annually.
Council Member Clark stated that FiberCity is going to pay for the two additional
positions during the project, she asked if after the project is completed the City will
keep the two positions permanently.
Director of Public Works Chung explained the Public Works Department relies on
consultants for many projects. By adding two more positions, they will be paid with
the CIP budget to do in-house work.
Council Member Armenta commended the City Manager and his team for their hard
work and for ensuring the City provides ongoing services to the public. She opined
that when we provide in-house services, rather than using consultants, employees are
vested in the City and community.
Mayor Dang asked for clarification about the Vehicle License Fee (VLF).
Director of Finance Chua explained that the Vehicle License Fee (VLF) is a fee
included in a car registration fee. In 2004, there was a swap between the vehicle
license fee and property taxes to fill the state's budget issues. Instead of cities and
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Minutes of February 14, 2023
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counties receiving VLF license fees from the car registration, cities are receiving
property tax in lieu of those fees.
Mayor Dang inquired about the sale tax balance.
Director of Finance Chua replied there was a dip in sales tax in 2020 and 2021;
however, 2022 saw an increase in sales tax of $6.9 million with a projection of $7.3
million by the end of the fiscal year.
Mayor Dang noted that the data shows the economy is doing well after the pandemic.
People are shopping, property values are changing, and property tax revenue is
increasing.
Council Member Armenta asked about online shopping. How are taxes captured and
distributed to cities.
Director of Finance Chua explained the state distributes online shopping taxes
monthly.
Council Member Clark asked if we still collect sales tax by purchasing online from
another state.
Director of Finance Chua affirmed we still do get the sales tax.
ACTION: Move by Council Member Armenta, seconded by Council Member Clark
to receive file the Mid -Year Budget Review Report; adopt Resolution No. 2023-13,
amending the Capital Improvement program budgets and updating the authorized
staffing list and salary and job classifications for full-time and part-time positions;
and adopt Resolution No. 2023-14, amending the Comprehensive Salary Schedule to
meet the California code of regulations title 2, section 570.5 and 571 to reflect
approved rates for all full-time employees. Motion was carried out by the following
roll call vote: AYES: Armenta, Clark, Dang and Ly; NOES: None; ABSENT:
Low
7. MATTERS FROM MAYOR & CITY COUNCIL
A. Discussion Regarding the Creation of an Affordable Housing Subcommittee and a
Homelessness Subcommittee
At the January 10, 2023, City Council Meeting, Mayor Pro Tem Ly requested
that an item be brought forward at a future meeting to discuss the creation
of two subcommittees: an Affordable Housing Subcommittee and a
Homelessness Subcommittee.
Recommendation: That the City Council discuss and provide further direction to
City staff.
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Mayor Pro Tem Ly stated that the City Council needs to be more proactive in
addressing homelessness due to the urgency of homelessness in the community. He
expressed concerns with the City of Los Angeles and the County of Los Angeles
declaring a homelessness emergency in preparation for the Olympics. He proposed
forming a subcommittee with two members of the City Council, a member of the
Planning Commission, and a member of the Public Safety Commission to help
address homelessness issues. He asked the City Attorney if the City Council could
create and appoint members that night.
City Attorney Richman stated the recommendation is to discuss and provide
direction. At the next meeting, the subcommittee could officially be created, and
members could be appointed.
Mayor Dang opened for public comments.
City Clerk Hernandez read an email comment for Council Member Low stating she
was in support of creating a Homelessness and Affordable Housing subcommittee
and expressed she was not interested in being part of the subcommittee but supported
her colleagues wishing to be on the subcommittee.
Council Member Clark asked why there couldn't be one subcommittee for both
because they are related to affordable housing and homelessness. If there is no
affordable housing, there's a lot of homelessness. She requested to be considered for
the subcommittee because she has served for over a decade as the Vice -Chair of the
Council of Governments (COG) on homelessness. She added that one of the COG's
accomplishments was the Birch Committee, and as the Blue -Ribbon Committee on
homelessness, they met with the President of the COG, and issues came up with the
current system's failure. She stated that she wrote an article on June 19, 2019, where
the Tribune asked her what she would do as the homeless czar. She explained that
she would retrofit vacant government buildings and get the mentally ill and the drug -
addicted into treatment. In the third category, she responded that those down on their
luck should get into rapid rehousing.
Furthermore, Mrs. Clark stated that she asked a speaker about homelessness at a
conference about their wraparound services. She was shocked to hear that only 20
percent get off drugs, meaning that 80 percent do not. Expressed concern that
California is attracting more homeless individuals from other states because of the
free housing programs while keeping their drug additions. She respectfully requested
to serve on the subcommittee.
Mayor Dang expressed support for creating a subcommittee because preventive
measures need to be taken. He mentioned that he has talked about doing housing
inventory on the commercial zone and properties on dedicated highways or collector
streets.
Council Member Armenta stated she did see the need for the homeless and affordable
housing to have separate subcommittees because they are two different things.
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Mayor Dang asked Mayor Pro Tem Ly to clarify his proposal since one suggestion
was to have two separate subcommittees as opposed to one subcommittee.
Mayor Pro Tem Ly stated there should be two separate subcommittees because they
do deal with different issues. He recommended that the City Council direct city staff
bring back the creation of a homelessness subcommittee comprised of two council
members, a Planning Commissioner, and a Public Safety Commissioner.
Council Member Armenta suggested inviting a member of the public to participate
in the subcommittee. She stated that a former commission applicant had an extensive
background in homeless issues and could provide guidance and ideas.
Mayor Pro Tem Ly agreed with Council Member Armenta in including a member of
the public in the homelessness subcommittee.
ACTION: Moved by Council Member Ly, seconded by Council Member Armenta
to direct City staff to bring back at the next City Council meeting the creation of a
homelessness Subcommittee comprised of two Council Members, a Planning
Commissioner, a Public Safety Commissioner, and a member of the public. Motion
was carried out by a roll call vote: AYES: Armenta, Clark, Dang and Ly; NOES:
None; ABSENT: Low
Mayor Pro Tem Ly stated that an affordable housing subcommittee was probably
unnecessary. Suggested to direct City staff to bring back a report with ideas on how
to approach affordable housing, provide recommendations, and programs and tools
available to address affordable housing issues.
City Manager Kim stated that staff would work on a report to bring back to the City
Council.
Mayor Pro Tem Ly requested the report to be brought back by the first meeting in
March.
Council Member Armenta shared that Senator Scott Wiener introduced
Senate Bill 423, which extends and straightens existing laws, streamlining, and
accelerating housing permits in areas that underperform their housing targets. None
of these bills address affordable housing.
B. Discussion Regarding the City's Legislative Advocacy and Governmental Affairs
Contracts with Joe A. Gonsalves & Sons and David Turch & Associates
At the January 10, 2023, City Council Meeting, Mayor Pro Tem Ly requested
that an item be brought forward at a future meeting to discuss the City's
contracts with its state lobbyist, Joe A. Gonsalves & Sons, and federal lobbyist,
David Turch & Associates.
Recommendation: That the City Council discuss and provide further direction to
City staff.
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Mayor Pro Tem Ly requested that the item be tabled to the next meeting to allow
Council Member Low to participate in the discussion.
C. Continued Discussion of Forming a Subcommittee to Evaluate the Potential as a
Charter Law City
Mayor Pro Tem Ly requested the City Council discuss forming a subcommittee to
evaluate the potential of becoming a Charter law city. At the January 24, 2023,
meeting, the City Council directed City staff and City Attorney to return with
additional information on charter cities, including when a charter measure could be
taken before the voters for consideration and the cost of holding a standalone election.
Recommendation: That the City Council discuss and provide further direction to
City staff.
Mayor Pro Tem Ly inquired with the City Attorney if the City Council was
authorized to form a subcommittee.
City Attorney Richman explained that based on the direction given at the last
meeting, staff provided the requested information in the staff report. Further
explained, the discussion is to determine if the Council has the appetite to form a
subcommittee; therefore, affirmed the Council could form the subcommittee and
appoint its members at this meeting.
Mayor Pro Tem Ly recommended forming a subcommittee to begin working on a
potential draft charter in addition to the notes discussed at the last meeting, and what
the City Attorney provided. Also, mentioned that as a charter city, you have the
authority to enforce laws the District Attorney refuses to enforce. Reminded the City
Council that a resolution was approved declaring a vote of no confidence of DA
Gascon.
City Clerk Hernandez read Council Member Low's emailed comment stating she
supported forming a subcommittee to evaluate the potential of a charter law city.
Council Member Armenta shared in the past other cities wanted to join forces and
hire their district attorney. She asked if that would change if the city became a charter
law city.
City Attorney Richman stated that if we weren't a charter law city and wanted to
enforce misdemeanor violations where the DA is choosing not to, we must get
permission from the DA. If cities joined forces, and there is a group of attorneys that
each city is paying into that, presume that the DA would permit us to enforce those
laws using the courts. The other option is being a charter law city you can include to
enforce those misdemeanor state crimes.
Council Member Armenta asked if there still needs to be some permission from the
DA, no matter what is in the charter.
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City Attorney Richman explained there are two options, getting permission from the
DA to enforce laws for a general law city, or if you become a charter law city and
decide to put that authority into your charter. There are charter law cities that don't
put that into their charter.
Council Member Armenta asked who would prosecute them as criminals
City Attorney Richman added that the City would have to pay for that and take the
costs associated with taking on the responsibility of prosecuting.
Mayor Pro Tem Ly stated that theoretically, we would appoint a city prosecutor, and
the city prosecutor would prosecute.
Council Member Clark asked if we could do that as a general law city
City Attorney Richman replied only with permission from the DA. If you became a
charter claw city, you would add that authority to your charter. There are usually
larger cities like the City of LA or City of Long Beach, with city prosecutors within
their city attorney's department who do the criminal citations. She reiterated that the
DA has no say, when you fund it yourself and go to the courts. A judge must take the
case and prosecute, if it is in a charter.
Council Member Clark shared the following concerns about becoming a charter law
city. The Council can set their own salaries, which was what the City Bell did. Also,
as a charter law city, you do not have to go out to bid for Public Works projects. She
asked if there could there be provisions to prevent that.
Mayor Pro Tem Ly acknowledged Mrs. Clark's concerns and stated those concerns
were brought up at the last meeting. He explained that all you must do is put it in the
charter. For example, the charter can state that salaries will be at the same level as
the general law cities. Public Works projects over $35,000 require a formal bid
process.
Council Member Armenta reiterated that she recalled it was a prosecutor that other
cities were looking into hiring.
Mayor Pro Tem Ly stated that is something that could be done in a charter and create
a joint power authority to hire a prosecutor with other charter law cities to share the
cost.
Mayor Dang stated he researched online the difference between a charter law city
and a general law city, and you could have it very different or much the same. It's up
to the governing body what we want to have and delete.
Mayor Pro Tem Ly clarified that the people decide what is in the charter. Depending
on how it's written, we must decide how broad or specific it is. Once it's set and voted
on by the people, the only way to amend the charter at that point is through a vote of
the people.
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Mayor Dang stated he agreed that the charter does provide more protection from the
state.
City Attorney Richman stated the first step in creating a subcommittee is to begin
discussing the pros and cons of a charter city and bring it back to the City Council.
ACTION: Mayor Pro Tem Ly, seconded by Council Member Armenta to establish
a subcommittee and appoint Mayor Pro Tem Ly and Council Member Armenta.
Motion was carried out by the following roll call vote: AYES: Armenta, Clark,
Dang, and Ly; NOES: None; ABSENT: Low
D. Discussion of Proposed Draft Ordinance Changing the City's Municipal Election
Date from State Primary Elections to the State General Elections in November of
Even Numbered Years
On December 13, 2022, the City Council directed City staff to return with a proposed
draft ordinance for discussion in potentially moving the City's General Election date
from the staggered State Primary Election cycle of March/June of even -numbered
years to the Statewide General Election cycle beginning in November 2024 and
continuing thereafter in even -numbered years. The proposed ordinance will also
adjust the terms of office for elected officeholders.
Recommendation: That the City Council discuss and provide further direction to
City staff.
Mayor Pro Tem Ly requested the item to be tabled until a draft charter determines
elections through the charter.
Council Member Armenta inquired about the Mayoral rotation taking place in March
or June.
Mayor Pro Tem Ly stated that he inquired with the City Clerk staff and confirmed
the City Council voted to move future Mayoral rotations to June.
E. Discussion Regarding Chief of Police and Law Enforcement Contracted Services
At the January 24, 2023, City Council Meeting, Mayor Pro Tem Ly requested the
City Council discuss the Chief of Police position and the law enforcement contracted
services to ensure services are utilized to address public safety issues.
Recommendation: That the City Council Discuss and provide further direction to
City staff.
Mayor Pro Tem Ly stated that he would like to continue this item but suggested two
things for Council consideration. He requested to codify through an administrative
policy the Chief of Police selection and appointment.
Rosemead City Regular Meeting
Minutes of February 14, 2023
Page 14 of 16
City Attorney Richman reiterated Mr. Lys' proposal and stated that if the Sheriffs are
willing to comply, there should not be any issues. City staff can draft an
administrative policy and consult with the Sheriffs office to ensure they agree.
City Clerk Hernandez read an email comment from Council Member Low expressing
concerns on how police patrolling is conducted, limited public visibility at night, and
continued break-ins in major corridors like on Valley Boulevard and Garvey Avenue.
She indicated the current night patrolling from the City has helped deter some crime.
She suggested the Council assess better ways to provide public safety for the
residents.
Council Member Armenta explained that she was part of the first panel interviewing
the prospective Chief of Police. She added that after Tim Murakami, the first
interview panel consisted of the Mayor, the Mayor Pro Tem, and a member of the
community. The City Manager and Assistant Manager were also on the interview
panel, and unanimously appointed a Chief of Police. The second time a Chief of
Police vacancy occurred, she was also part of the interview panels. She noted that she
has been on three interview panels and emphasized the importance of consensus
when appointing a Chief of Police. The Lieutenant is given the ceremonial title of the
Chief of Police that leads the Sheriff Rosemead Team.
Mayor Dang stated this should be codified and asked how the interview panel should
look like.
Mayor Pro Tem Ly stated that any proposal should be brought back for City Council
approval. Recommended the panel should include the Mayor, Mayor Pro Tem, and
City Manager.
Council Member Armenta suggested that the panel include a Public Safety
Commissioner.
Mayor Pro Tem Ly agreed with Council Member Armenta there should be a
consensus when appointing a Chief of Police. He reiterated the recommendation to
direct city staff to bring back an administrative policy that appoints two members of
the City Council, the City Manager, and the Chair of the Public Safety Commission
and to appoint by consensus future Chief of Police, and in consultation with the
Sheriffs Department.
ACTION: Moved by Council Member Ly, seconded by Council Member Clark to
direct City staff to draft an administrative policy that appoints two members of the
City Council, City Manager, and the Chair of the Public Safety Commission and will
appoint by consensus on future Chief of Police in consultation with the Sheriffs
Department. Motion was carried out by the following roll call votes: AYES:
Armenta, Clark, Dang, and Ly; NOES: None; ABSENT: Low
Mayor Pro Tem Ly second request was to consider expanding the membership of the
Public Safety Commission from five members to seven members. He noted the
appointments of an additional resident and a member of the business community.
Rosemead City Regular Meeting
Minutes of February 14, 2023
Page 15 of 16
City Attorney Richman stated that the discussion could be brought back for direction.
Any changes to the commission would require a code amendment.
Mayor Pro Tem Ly asked City staff when the Sheriff Captain was scheduled to
present before the City Council.
Assistant City Manager Bruckner replied that the Temple Sheriff Captain is
scheduled to present on February 28 before City Council in a joint meeting with the
Public Safety Commission.
Mayor Pro Tem Ly requested the Sheriff Captain also address the comments provided
by Council Member Low, community policing and community engagement
programs.
Council Member Armenta requested to include in the meeting the need to assess how
many parolees and AB 109 probationary are currently living in the city. A portion of
them is likely to increase crime in Rosemead.
F. Council Comments
Council Member Clark stated she called City Hall's main phoneline, and an
automated system picked up. She expressed that members of the public really
appreciate it when they speak to a staff member, rather than an automated system
when calling City Hall.
City Manager Kim stated staff would look into the matter and assured her that staff
usually do answer the phones.
Council Member Armenta commended the Parks and Recreation staff on the
Sweetheart Jamboree event.
8. ADJOURNMENT
Mayor Dang adjourned the meeting at 8:48 p.m. The next City Council meeting will take
place on February 28, 2023, at 7:00 p.m. in the Rosemead City Hall Council Chamber.
Ericka Hernandez, City Clerk
APPROVED:
Sean Dang, Mayor
Rosemead City Regular Meeting
Minutes of February 14, 2023
Page 16 of 16