CC - Minutes - 10-10-23 Special & RegularMINUTES OF THE CITY COUNCIL
SPECIAL AND REGULAR MEETING
OCTOBER 10, 2023
The special meeting of the Rosemead City Council was called to order by Mayor Ly at
6:06 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard,
Rosemead, California.
PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Members Armenta, Dang, and Low
ABSENT: None
STAFF PRESENT: City Manager Kim, 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); I Case
City Attorney Richman announced the Council will go in to Closed Session and
report out at the 7:00 p.m. regular meeting.
Mayor Ly recessed to Closed Session.
Mayor Ly called the regular meeting to order at 7:02 p.m.
PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Members Armenta, Dang, and Low
ABSENT: None
PLEDGE OF ALLEGIANCE was led by Council Member Armenta
INVOCATION was led by Council Member Dang
STAFF PRESENT: City Manager Kim, City Attorney Richman, Director of Public Works
Chung, Director of Finance Chua, Director of Parks and Recreation Boecking, and City Clerk
Hernandez
City Attorney Richman reported the City Council took the following action in Closed Session:
voted 5-0 to initiate litigation against the Superior Court of the State of California and additional
parties as it relates to their new bail policy. We will be joining several other cities that are currently
filing a suit joined and led by the City of Whittier.
2. PUBLIC COMMENT
There being no speakers, Mayor Ly opened and closed the Public Comment period.
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3. PRESENTATIONS - NONE
4. PUBLIC HEARING — NONE
5. CONSENT CALENDAR
ACTION: Moved by Council Member Dang and seconded by Council Member Armenta
to approve Consent Calendar Items A - C. The motion was carried out by the following
vote: AYES: Armenta, Clark, Dang, Low and Ly; NOES: None; ABSENT: None
A. Claims and Demands
• Resolution No. 2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN
CLAIMS AND DEMANDS IN THE SUM OF $4,008,298.23
CHECKS NUMBERED 115058 THROUGH NUMBER 115133,
DRAFTS NUMBERED 6721 THROUGH NUMBER 6784 AND
EFT NUMBERED 51885 THROUGH NUMBER 51902
INCLUSIVELY
Recommendation: Adopt Resolution No. 2023-60.
B. Minutes
Recommendation: That the City Council approve the regular meeting minutes of
December 13, 2022 and regular meeting minutes of August 8, 2023.
C. Second Reading and Adoption of Ordinance No. 1020 — Amending Municipal Code
Section 2.04.010 and Adoption of Resolution No. 2023-61 Related to Council
Salaries as Authorized by Senate Bill 329
On September 26, 2023, the City Council introduced for first reading
Ordinance No. 1020 - amending Municipal Code Section 2.04.010 related to
Council salaries as authorized by Senate Bill 329. On June 29, 2023, Governor
Newsom signed into law Senate Bill 329 (SB 329), which raises the maximum
salary that council members may receive. This Bill aimed to increase the
compensation schedule for council members in cities governed by general law,
which had not been updated since 1984. SB 329 allows cities to increase the
compensation to adjust for inflation in order to help keep city councils more diverse
by allowing people from across different income levels to serve the public and
support their families.
Recommendation: That the City Council take the following actions:
1. Approve the second reading, by title only, and adopt Ordinance
No. 1020, entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL
CODE SECTION 2.04.010 RELATED TO COUNCIL
SALARIES AS AUTHORIZED BY SENATE BILL 329; and
2. Adopt Resolution No. 2023-61, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING RESOLUTION
NO. 2023-55, THE COMPREHENSIVE SALARY SCHEDULE
TO MEET THE CALIFORNIA CODE OF REGULATIONS
TITLE 2, SECTION 570.5 AND 571 TO BE EFFECTIVE
MARCH 6, 2024
6. MATTERS FROM CITY MANAGER & STAFF
A. Adoption of Resolutions Relative to the March 5, 2024, General Municipal Election
The City Council will consider adopting Resolution No. 2023-62, calling and
giving notice of holding a General Municipal Election on Tuesday, March 5, 2024,
for the election of certain officers as required by the provisions of the laws of
the State of California relating to general law cities; Resolution No. 2023-63,
requesting the County of Los Angeles Board of Supervisors to render specified
services to the City related to the conduct of a General Municipal Election on
Tuesday, March 5, 2024; Resolution No. 2023-64, adopting regulations for
candidates for elective office pertaining to candidates statements submitted to the
voters during city elections; and Resolution No. 2023-65, providing for the conduct
of a special runoff election for elective offices in the event of a tie vote at any
municipal election.
Recommendation: That the City Council take the following actions relative to the
March 5, 2024 General Municipal Election:
1. Adopt Resolution No. 2023-62, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING FOR THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
2. Adopt Resolution No. 2023-63, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK
TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF
ROSEMEAD'S GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, MARCH 5, 2024; AND REQUEST
FOR CONSOLIDATION OF THE GENERAL MUNICIPAL
ELECTION WITH ANY COUNTYWIDE ELECTION HELD
ON MARCH 5, 2024
3. Adopt Resolution No. 2023-64, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024; and
4. Adopt Resolution No. 2023-65, entitled:
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
ANY MUNICIPAL ELECTION
City Clerk Hernandez presented the Staff Report; noted the City Council will
consider approving Resolutions calling and giving notice of holding a General
Municipal Election on Tuesday, March 5, 2024, for the election of two offices.
In addition based on the last two elections, the deposit required for the Candidate
Statement has been reduced to $2,500 instead of $3,000; indicated that staff
felt comfortable after confirming with the County that the cost estimate will
range between $2,000-$2,500 for the March 5, 2024 Election. The LA County
Registrar/Recorder County Clerk's Office has piloted an online Candidate
Statement service that is now available for cities to utilize for this election in lieu
of being printed in the official Sample Ballot for cost savings. However, candidates
wishing to continue to print in the Sample Ballot will also have their Candidate
Statements included in the online service.
ACTION: Moved by Council Member Dang and seconded by Council Member
Low to take the following actions relative to the March 5, 2024 General
Municipal Election:
1. Adopt Resolution No. 2023-62, entitled:
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Minutes of October 10, 2023
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING FOR THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
2. Adopt Resolution No. 2023-63, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
DIRECT THE REGISTRAR-RECORDER/COUNTY CLERK
TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF
ROSEMEAD'S GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, MARCH 5, 2024; AND REQUEST
FOR CONSOLIDATION OF THE GENERAL MUNICIPAL
ELECTION WITH ANY COUNTYWIDE ELECTION HELD
ON MARCH 5, 2024
3. Adopt Resolution No. 2023-64, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024; and
4. Adopt Resolution No. 2023-65, entitled:
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
ANY MUNICIPAL ELECTION
The motion was carried out by the following vote: AYES: Armenta, Clark, Dang,
Low and Ly; NOES: None; ABSENT: None
7. MATTERS FROM MAYOR & CITY COUNCIL
A. Continued Discussion on Establishing a Charter for the City
At the September 26, 2023, City Council meeting, the City Council continued the
item for further discussion of establishing a Charter for the City.
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Recommendation: That the City Council discuss the Charter and provide direction
to staff on any next steps it would like to take.
Mayor Ly noted he brought up this item as part of a Rosemead Charter
Subcommittee that consisted of himself, Council Member Armenta, City Attorney
Richman, and City Clerk Hernandez. Stated this item is a continued discussion
from the September 26' Council meeting; indicated there are several items that
need Council input such as city prosecutorial service, term limits, and adopting
similar practices when it comes to contracting.
Council Member Low asked if we could go through each item listed on the
General Law City v. Charter City Chart.
Mayor Ly gave a brief overview of the chart and the Subcommittee's comments/
direction. The Council discussed the following items.
Ability to Govern Municipal Affairs — Direction to include broad enabling
charter language that would be able to adopt any and all ordinances governing
"municipal affairs." Explained if we want to create a Successor
Redevelopment capacity. Specifically call out that economic development is a
Rosemead municipal affair to allow for economic development activities with
use of General Funds.
City Attorney Richman explained General Law cities are not authorized to do
economic development/redevelopment activities, which is why we had to have
Redevelopment Agencies. If you specifically have in your Charter that it is a
municipal affair, then we are covered if anyone was to challenge whether it is
not a proper use of public funds.
Council Member Low inquired currently we are not allowed to use General
Funds to do redevelopment types of projects.
City Attorney Richman replied the standard is much more differential instead
of having to rely on CDBG funds.
Mayor Pro Tem Clark inquired if having a Charter would make it easier if we
wanted to implement Enhanced Infrastructure Financing Districts (EIFD).
City Attorney Richman responded that process is specifically statutorily
allowed; you're not losing anything just something available to the city.
Mayor Ly provided an example if we launched a fagade program and create a
grant to assist with that.
Council Member Dang asked if we switch to a Charter city will we lose grant
money received; inquired if being a Charter city gives us leniency in CEQA
exemptions.
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City Attorney Richman replied the city would still be eligible to receive grant
funding; asserted there would be no leniency for CEQA exemptions as it is
a statewide concern and statutory.
• Term Limits — Direction: No changes to include in the charter. But to be
discussed with the full Council.
Council Member Low indicated support for having term limits of either
12 or 16 years.
Council Member Dang concurred with Council Member Low; opined four
terms of 16 years is sufficient.
Mayor Ly stated he would be more comfortable if we said a total of five
terms of 20 years within a lifetime span; opined there should be some new
blood after 20 years.
Council Member Dang asked how would you factor in the equation of
someone appointed?
Mayor Ly responded the same term limit would apply to those appointed as
well, they cannot exceed 20 years.
Council Member Low asked if it would be based off terms or number of years
Mayor Low reiterated it would be based off years.
City Attorney Richman asked if it makes any difference if you were not
reelected, do they have to wait to come back.
Mayor Ly responded it is the right of the people if they want to vote you in for
20 years, then there is your term.
Council Member Low inquired what happens if they hit the 20 years in the
middle of the term.
Mayor Ly stated the City Clerk would tell them they are not eligible to run for
that term because it would exceed 20 years.
Mayor Pro Tem Clark expressed concern as she recalled this instance
happening at least twice during her tenure when the County said they were
not running the election, so the election had to be moved and again when the
State mandated that we had to move it to even -numbered years. Inquired how
an instance like that would work.
Mayor Ly opined the probability of that happening again is low.
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Council Member Armenta suggested aligning the term to run with the Primary
Election cycle.
City Attorney Richman clarified it could be 20 years excluding any additional
time that may occur as a result of state law.
Council Member Armenta asked when the term limits would take effect.
Mayor Ly responded it would take effect upon the passing of the charter of
the subsequent election in 2026.
By consensus, the Council agreed the term limit would be 20 years excluding
any additional time that may occur as a result of state law.
• Contracting Services — Direction: Wait to see what the City's contracting
and procurement consultant recommends and whether there may be items to
include in charter. Discussed increasing City Manager authority for the process
of letting bids and RFPs as an option with City Council oversight.
City Attorney Richman explained there are some restrictions on providing
preferences; noting we do currently have some in the Municipal Code that
allows us to do so, but under the charter there is more authority to do so.
If we retain that ability, we can look into more variations to provide those
preferences.
Mayor Ly asked the City Attorney what direction she specifically needs from
Council when it comes to contracting services.
City Attorney Richman responded the direction I need is if Council would like
the following included in the charter: 1) Giving the city additional authority
for the ability to have a veterans' preference; and 2) Do we want to wait on the
consultant's recommendations for contracting and procurement? If so, decide
whether to include those items as well.
Mayor Ly asked when will the consultant report back to Council.
City Manager Kim responded the consultants will present the updated draft
Purchasing Policy in December.
Council Member Dang opined we should wait for the consultant's
recommendation.
Council Member Low asked for more transparency with what contracts under
$30,000 that future City Manager authorizes.
Mayor Ly concurred with Council Member Low's point, stating that is
something we need to update the Admin Policy to provide clear direction,
transparency and hold accountability. Expressed there are certain things that
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should come before the City Council to vote on, however I do not want to be
voting on items for $100 or $500, etc.; commented we need to trust the City
Manager to have the fiduciary responsibility of the city.
City Attorney Richman stated currently the Code directs anything under
$30,000 can be authorized by the City Manager.
Mayor Ly stated we won't have language in the charter regarding the
City Manager on his/her authority, rather direction to the City Manager to
updating the Admin Policy for purchases in the amount of $10,000-$30,000
and to present such items to Council as a receive and file report.
Mayor Pro Tem Clark stated she wants to ensure this does not delay projects.
Council Member Dang asked why the veterans preference needs to be written
in the charter.
City Attorney Richman responded so we could give ourselves as much
authority as we can to say we have additional veterans' preferences since it is
not clear in the current state law.
Council Member Dang inquired what if a future Council wants to give
preference to women.
Mayor Ly emphasized we cannot show preference towards sex, gender, race,
or religion.
City Attorney Richman asserted that's currently not provided under state law.
Veterans are not covered under state law, so that is an area that we can give
preference to at this time.
Financing and Tax Power — Direction: No changes to include in the charter.
Follow state law.
Mayor Pro Tem Clark asked if we are saying that we would have the powers
that a Charter city has on this matter.
City Attorney Richman responded that the statute does not have much
authority to do taxing different than what state law provides; noted if you look
at the case law and statute, we have to follow everything. Under Charter Law
city we have the ability to impose taxes but are extremely limited as it is subject
to Proposition 218.
Mayor Ly further explained we are basically going to follow General Law
cities and anything else that's allowable in a Charter city will be punted to a
future Council and the future vote of the people. And can change that if and
when they want to do that.
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Council Member Armenia opined the word "may" is a clear indication that
the future Council has the ability to but does not imply that they are going
to proceed; emphasized we don't know what the future holds, so this will give
the future Council the ability to decide what is best for Rosemead at that time.
Council Member Dang inquired if a future Council wants to impose a real
property transfer tax would that have to go on the ballot for the voters or would
the Council be able to vote for it at a Council meeting.
Mayor Ly stated he does not know if Council would have the authority.
City Attorney Richman asserted that is one of the few cases that a Charter city
could do if it is stated in their charter with verbiage such as following state
law unless the City Council by ordinance would like to adopt a real property
transfer tax.
• Penalties & Cost Recovery — Discussed wanted to have higher fine for
fireworks. That is permitted.
Mayor Ly stated this will allow a city charter to establish increased penalties
related to fireworks as we are currently limited to $1,000.
Council Member Low indicated support for increasing the fireworks fine;
asked if it was possible to have a fine for shoplifting.
City Attorney Richman clarified as a charter city we can enforce our laws but
not state law and we still have to follow their penalties.
Mayor Ly opined we can instruct the City Attorney to create the broadest
language possible so that we can preserve as much power as possible for the
Council to increase fines.
City Attorney Richman asserted I can do so with language such as "the City
retains its Charter authority to impose fines greater than state law which shall
be adopted by City Council ordinance". Reiterated we can tackle this issue
in further detail later.
• City Prosecution of State Law Violations — Discussion that this is an item to
share with the full Council to consider.
Mayor Ly noted a special item was added by the City Clerk regarding some
cities that do have municipal authority; shared that the Committee also
discussed joining a Joint Power Authority (JPA) to share the cost and sources
with other charter cities.
Council Member Dang asked would the District Attorney view this as an attack
if we proceed with city prosecution; expressed I don't want the city to get in
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the situation where we have our own prosecutor and as a result have to take all
the violent offenders.
Mayor Ly emphasized the City already has a motion of no confidence in
District Attorney Gascon; explained there are certain limitations to what city
prosecutorial services could do and it will only be misdemeanors not felonies.
Council Member Dang stated I know we are already blacklisted with Gascon,
but what happens when the future District Attorney has issue with our charter
implementing city prosecution.
Mayor Ly replied if in the future we have a friendlier District Attorney,
then it's a conversation we can have to renegotiate possibly dissolving our
city prosecutorial service and be brought back under the jurisdiction of the
District Attorney's office.
Council Member Dang asked if we decide to take on a prosecutor, do we have
to adopt an ordinance to do so.
City Attorney Richman indicated the charter would state we are retaining that
authority and such action shall be enacted by an ordinance.
Council Member Dang responded that's fair
Mayor Pro Tem Clark asked if there is a way to find out if the cities'
crime statistics has gone down since they have more control with their own
prosecutors.
City Manager Kim stated staff can research that inquiry.
Mayor Ly stated that is a great question. Suggested having this item discussed
at a future Study Session pertaining to public safety.
Mayor Ly asserted that direction has been provided to the City Attorney on all
matters on the list pending a final contract update in December.
City Attorney Richman pointed out that she will draft the Charter and there is time
for Council to review before it needs to be provided to the County by August 2024.
B. COUNCIL COMMENTS
Council Member Armenta shared that she attended the Fall Fiesta/Dia de Los
Muertos event this past Saturday at Rosemead Park which was well attended;
suggested for next year's event to look at easing traffic flow and preparing an altar
for guests to honor their loved ones who have passed. Expressed appreciation to
the Public Works and Parks and Recreation Department for all their efforts in
making this a successful event, as well as the Sheriffs Team for ensuring the guests
felt safe at the event.
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Council Member Low apologized for not being able to make the Fall Fiesta event
as she had a prior engagement; stated she was happy to hear the event went well.
Mayor Pro Tem Clark noted she also attended and enjoyed the Fall Fiesta/
Dia de Los Muertos event; thanked staff for all their hard work.
Mayor Ly shared that he attended Lobby Day in Washington D.C., and took part in
several meetings along with Jennifer Pineda, staff from the City Manager's Office
and our Chief of Police Lieutenant Tiwari; noted we were able to discuss grant
opportunities to fund items such as Public Works projects, cultural events and
potentially a performing arts center, creating additional funds for incubated
business types such as food halls. Noted in the past our cops and public safety grants
had to take lead by the Sheriffs Department and learned that now a city can be
the lead agency when applying for certain grants along those lines. Asked the City
Manager and Ms. Pineda to bring all the information to the Department Heads to
identify two or so earmarks or also referred to as legislative directive spending
that we should chase after. Encouraged his fellow colleagues to join for the next
Lobby Day in March.
Mayor Ly brought up a public safety matter — yesterday there was a business owner
that called him as there was a homeless person indecently exposing themselves
to staff and visitors; stated the business owner called the Temple Sheriff Station,
but unfortunately it was a busy night. Indicated nothing happened after the first
and second call to the Sheriffs Station. This exceeded the 45-60 minute window
for a routine call of what we said our expectations were; expressed he does not
blame our Deputies as they are under a lot of pressure, however it is an issue we
have to address and need to look at reducing these call times.
Council Member Low asked staff if that is something our current CSOs can do.
City Manager Kim replied that the CSOs and Code Enforcement Officers do not
report to the calls received by the Deputies.
Mayor Ly stated I don't want our CSOs responding to emergency calls as they
are not trained for that. Mayor Ly asked to have a study session at the next meeting
to discuss supplementing our team with additional Reserve Deputies or establishing
our own sworn Reserve Officers that help with these priority and routine calls.
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8. ADJOURNMENT
Mayor Ly adjourned the meeting at 8:10 p.m. in memory of the people that lost their
lives on October 7, 2023 in Kibbutz, Israel. The next regular City Council meeting will
be held on October 24, 2023, at 7:00 p.m. in the Rosemead City Hall Council Chamber.
Ericka Hernandez, City Clerk
APPROVED: -
teven Ly, Mayo
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