CC - Item 3A - Minutes 10-09-12Minutes of the
City Council Meeting
October 9, 2012
The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 7:00 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE: Council Member Ly
INVOCATION: Mayor Armenta
PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members
STAFF PRESENT: City Manager Allred, City Attorney
Community Development Director Ramirez, Director of
Works Director Marcarello, and City Clerk Molleda
1. PUBLIC COMMENTS FROM THE AUDIENCE - None
2. PRESENTATION
SR710 Presentation by Metro
Michelle Smith — Metro
is available in the City C
Council Member Ly aske`&Ms, ,Smith
effects of surrounding commuhf §,aR
Ly
City
of the SR710 study. Presentation
)act Report indicated the impact on the health
project is not completed.
looking'at consequences and assessments in terms of health
Council 1160" qr Ly stated tha ere hasEeen criticism about the funding of the project and asked if there
are any fundir'grces directe the SR710 project.
Ms. Smith — explain Veport dy was being funded by Measure R funds that voters earmarked in 2008
and allocated $780,00 e used to fund a Transportation System Management. As a requirement in
the Environmental Impaiable funding sources can be develop.
Council Member Ly asked if Metro was looking into impacts on communities along the 1 -10 and 1 -605
freeway if the 1 -710 freeway project is not completed.
Ms. Smith - replied that all needs will be address within the study.
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 1 of 10
ITEM NO.
Council Member Ly asked Ms. Smith what major arterials would be impacted if the 1 -710 extension tunnel is
built and what other expansion lanes will affect other freeways.
Ms. Smith — replied that traffic should decrease on major arterials such as the San Gabriel Boulevard,
Rosemead Boulevard, and Atlantic Boulevard. She added that the California Department of Transportation
and Metro are working together on this matter.
Council Member Clark asked if the 1 -710 expansion lane project will have ca nes. Mrs. Clark also
inquired about the impact on monitory communities and how traffic was goin�gase from 25% to 10%
according to Ms. Smith's presentation.
Ms. Smith — replied that she was not sure if carpool lanes were goin be add .• the project and that the
study indicated that 1 out 4 cars that are on city streets will use �17 freeway' . ;*.�I.
Council Member Clark inquired about the 1 -710 freeway tel project and Rapid Bus.
Ms. Smith — explained that the underground tunnel project with" uire_,p erty easements only. Rapid
Buses work like local buses but with fewer stops in between.
Mayor Pro Tom Low asked where the
Ms. Smith — replied the entrance would be on
miles and exit at California Boulevard.
MayorArmenta asked if
sustain an
exist would be 16O on the 1 -710 freeway tunnel.
would stretch about 4.2
issues.
Ms. Smith - stated th a T eotecl' -cal study confir !that a tunnel could be built and currently the
technical team is looking at op ni Ss patch9 or every 650 feet in case of an emergency. She
also stated th M o roposi f itu n system that would automatically come on when
emissions .
Bria 3 • — suggested th City an become more proactive in the SR710 project. He stated the
South Pas group, who is sed tq� a project, is very active. Mr. Lewin stated he would like to
engage me m f the commun who support the SR710 project and get more press to the public. Mr.
Lewin requested t et with th %•, ty Council to provide him with some guidance to best represent the City's
view point on poten i rid o ons.
x>,
Council Member Clark i uired about the hybrid options.
Ms. Smith — explained that hybrid alternatives is combining alternatives to better adjust to the project needs
or add more traffic strategies that support the light rail alternative.
Juan Nunez — asked if any studies were being done regarding impacts on major north and south streets.
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 2 of 10
Council Member Ly explained to Mr. Nunez that Metro included all major arterials in their study. He also
stated that if the 1 -710 freeway tunnel is created there would be a crime reduction in the community because
traffic would not be absorbed by major arterials. Mr. Ly asked that the City Council support the completion of
the 1 -710 freeway.
3. CONSENT CALENDAR
A. Minutes
a
C.
July 10, 2012 — Regular Meeting
Claims and Demands
Recommendation: to approve
National League of Cities Congress of Cities
November 28th — DecemberJst —Boston, MA
The City Council will consider
Congress of cities and Exposi
rl League of Cities
— December 15t.
attendance, at City expense, of any
ue of Cities Congress of Cities and
and
of
same
Election.
Resolution No. 2012 -60 calls for the conduct of a Special Runoff Election for elective offices
in the event of a tie vote at the March 5, 2013 General Municipal Election.
Recommendation: That the City Council approve Resolution Nos. 2012 -58, 2012 -59, and
2012 -60, respectively, entitled:
f a General Municipal Election to be held on
the Board of Supervisors of the County of
rs to the City Relating to the Conduct of the
12 -58 cis for a General Municipal Election to be held on Tuesday, March
provisions for the conduct of the election in accordance with the
,code. Resolution No. 2012 -59 requests that the Board of Supervisors of
Angeles render specified services to the City related to the conduct of the
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 3 of 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE
FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, MARCH 5, 2013, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
A RESOLUTION OF THE CITY COUNCIL OF T 17 OF
ROSEMEAD, CALIFORNIA, REQUESTING T OA RD OF
SUPERVISORS OF THE COUNTY OF L LES TO
RENDER SPECIFIED SERVICES TO TH TY R G TO
THE CONDUCT OF A GENERAL M I L ELE TO
BE HELD ON TUESDAY, MARCH 5
A RESOLUTION OF THE C) UNCIL THE CITY OF
ROSEMEAD, CALIFORNIA, PRO G F E CONDUCT
OF A SPECIAL RUNOFF ELECTION ECT VE OFFICES
IN THE EVENT 0 A TIE VOTE AT' MARCH 5, 2013
GENERAL MUNICIECTION �
E. Amendment to Resolution No.' 1' lishing An - tfal Salary Ranges and
Benefits for Classifications in t Midd ,Professional and Confidential
Service of th
The Ci • uncil will ider approva an amendment to Resolution No. 2012 -28
insertt g ecutiv ssistant to the anager classification back into the Middle -
Managemen fe Confide Service of the City. This classification was
j Wyftntly o whe n was approved in June.
Council approve Resolution No. 2012 -57, entitled:
A RE TION F THE ROSEMEAD CITY COUNCIL OF THE
CITY 0 OSEMEAD AMENDING RESOLUTION N0. 2012.28
ESTAB HING ANNUAL SALARY RANGES AND BENEFITS
OR SSIFICATIONS IN THE MIDDLE• MANAGEMENT,
ESSIONAL AND CONFIDENTIAL SERVICE OF THE CITY
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 4 of 10
F. Resolution Establishing the Successor Agency as a Separate Legal Entity and
Resoluition Adopting a Conflict of Interest Code Related to the Successor Agency and
Oversight Board
Adoption of Resolutions pursuant to AB1484 which amended AB26 regulating the
redevelopment dissolution process.
Recommendation: That the City Council approve Resolution , s. 2012 -62 and 2012 -63,
repectevely, entitled:
A RESOLUTION OF THE CITY COUNCIL
ROSEMEAD ORGANIZING AND Dq
PERFORMANCE OF CERTAIN ADMITF
THE SUCCESSOR AGENCY ,
COMMUNITY DEVELOPMENT, : COA
AUTHORIZING THE CITY CL RK TO FILE
ORGANIZATION OF SUCH SUCH R)
SECRETARY OF STATE AND THE
ANGELES COUNTY,
A RESOLUTION OFD
ROSEMEAD, AS THE
THE CALIFORNIA PO
CONFLICT OF INTI
Council Member Steven Ly mi
Consent CL�ar itotn ith
Yes: Alarc
No: No
stain: None
? nt: None
4. MATTERS FROM'M
to
, Ly
& STAFF - None
CITY OF
6 THE
OF
ATEMENT OF'
qY WITH THE
.ERK OF LOS
f
COUNCIL' ' CITY OF
t�IING BOD RSUANT TO
A DDMIIWr_ TUC
ODE FO rHE SUCCESSOR
DEVI MENT COMMISSION
AND THE OVERSIGHT BOARD
Mayor Pro Tern Polly Low to approved
s of July 10, 2012. Vote resulted in:
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 5 of 10
5. MATTERS FROM MAYOR & CITY COUNCIL
A. Establishment of a Public Art Ad Hoc Committee for a Mural at Savannah Pioneer
Cemetery
The City's Strategic Plan for 2012 and 2013 includes a strategy to: Assist in the Preservation
and Improvement of Historical, Cultural, and Natural Resources. The City Council will
consider the establishment of a five- member Public Art Ad emmittee with the objective
of creating a mural at the historic Savannah Pioneer Ceme� proposed ad hoc
committee would be comprised of a City Council Member taff member, one
representative each from the EI Monte Cemetery Asso ' the Rosemead Moose
Lodge, and a representative of the public at- large.
Recommendation: That the Mayor ap
member of the City Council, a City staff
serve on a five - member Public Art Ad H
appointed by the El Monte Cemetery A:
Rosemead Moose Lodge.
City Manager Allred reviewed the staff report.
MayorArmenta stated she had been working
appointed as a member of the committee. She
Scott and suggested to appoinrnt Julie
Mayor Pro Tem Low
to the Public Art Ad H
Mayor
City Ma er Allred stater` �
zi #
Council ii r Steven Ly mt
Armenta an ks and Recre
Vote resulted in`
Yes:
No: Non
Abstain. None
Absent: None
ij&dtto confirmatioiib..V : a City Council, a
and a member of the tp.,at -large to
�ittee sing with a repres9ft �0 to be
�and,a, `` resentative appQ16fed by the
the MooLodge and would like to be
e tion Director David Montgomery-
. s a member of the public at- large.
are other rested people they should be encouraged to apply
Gs limited on time.
se�ould be issued and a notice posted on the city's website.
a motWn, seconded by Mayor Pro Tem Polly Low to appoint Mayor
n Director Montgomery-Scott to the Public Art Ad Hoc Committee.
Clark, Low, Ly
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 6 of 10
B. Rule Related to Parliamentary Procedure: Substitute on Substitute Motion
Council Member Ly has placed this item on the agenda for review and discussion.
Steven Ly spoke about the previous City Council ruling on whether to allow a substitute motion on top of
another substitute motion. As Mayor and Chairman, he ruled that he would allow the practice and Council
proceeded to appeal with a 312 vote. Mr. Ly stated that he research the topic and concluded that his over
ruling was an incorrect vote. He continued by reading section 2.04.06 of the city' municipal code and there
were three areas to be correct based on past City Council precedent. First, on INe , e m eting of September 11,
2007 former Council Member Gary Taylor made a substitute motion, whe they substitute motion was still
on the floor and it was not ruled out of order. Second, substitute motio t should be treated as
amendments to the main motion. Third, the League of California Citi corn d Rosenberg Rules of
Order, which allow up to three main motions to be on the floor at g en time. ' .< m stated that his ruling
was correct and asked the Council to override their previous r lid af�ow a subs otion, when there
is another substitute motion and issue an apology to him fWe initial incorrect ruling. r
Council Member Alarcon asked for the City Attorney's optibJ , ` zY
frx.
City Attorney Richman explained that substitutes on substitutes arc coned in Roberts Rules of Order. At
the time of the last meeting, nobody knew wht`$hr rule was and it wa. dled appropriately, where Council
appealed Mr. Ly's ruling. s
Mayor Pro Tern Low stated she was impressed wf C0 %jl'`M r� y' "research and asked for
clarification on the Rosenberg ,Ruj@"r Order.'
Council Member Ly ex ,j*,j ed that y an have the ri*n motion and two substitute motions on top of that
and referred to page Toff staff re packet.>
Council Mem ►stated citj('f)f the Rosenberg Rules of Order. She expressed
concern re utes a ted they were supposed to be friendly amendments that changed
the wordi and not the a ain m There should not be a third substitute motion on the substitute
City Attorney man referencefl'ofage 146 of the staff report packet and reiterated that Robert Rules of
Order stated tha j ri you have' original motion and a substitute motion or amendment is made, a
secondary ame A fan be de. Mrs. Richman added that the footnote on page 146, states you cannot
amend a secondary arril[n t.
Council Member Clark '1 don't see it here and I don't think the attorney agrees that we can make a 3rd.
What happened that night was that there was a motion to go with one company and a substitute motion to go
with another company, which completely changed the motion. It was not an amendment and then there was
a third substitute motion on a substitute which changed again, which allowed the three companies to
negotiate with each other. The reason why we did not go along with that (if it was allowed under Robert rules
I don't think it was maybe it was) is because it would have gone against our bid process which we stated to
the trash company that they needed to get our specifications and they were to come in with their best offer.
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 7 of 10
Our bid specs said we would talk to that one company that we chose, we would work with them. We would
not negotiate with the other companies. My feeling on that was how would the companies that we did not
choose feel about that. And the precedent going back to Gary Taylor, the issue was about some personnel
issues within the city. His substitute on the substitute motion was to have all the documents to be sent to that
Grand Jury and other public agencies. At that time I was in the minority with Gary, not in the majority, the
attorney at that time .... the motion went nowhere it was mute. There was no need for a discussion if it was
okay to do a substitute on a substitute motion. To say that is a precedent when his motion did not even get on
the floor. If we want to bring this back for discuss as to whether we want to ado�that we may want to do
that. ,.
Mayor Pro Tem Low — we sometimes pick and choose what we want t., Nth stated her reasons
why she did not support the substitute on a substitute. Are we allowi _ e sver the substitute
regardless of the item? We are showing inconsistency. You can a evmotion, a substitute
motion and another substitute and no more. {
Council Member Ly —the reason why I am bringing thoop' becausel at night this was ovable
motion when a council member did this, and that is why this i wab den this council errode that
rule, it said that I was wrong. I took the time to research; I got th ary aylor, he was very thorough.
F
Council Member Clark — to Polly that we pic S. oose what we d did want his motion, I just said
Gary wanted to send all these things to a public d I did not se he motion was mute, there
was no second. Read the minute that the motion 'ed f p second.
Mayor Pro Tem Low reiterated , ouncil should l
support a substitute motio , . 'tute motion.
at whafjW, iitem is; weather, they support or not
Council Member Ly Z pay ' of 17 ember 11,
otion ." .= = „ >n
that it was allowable m
motion read, "City attorney indicated
Council M cia hen the majority changed and our new city attorney now gave
advice we took her a J t that we want to change how we do things in the future fine. There is
no np ologize.
MayorArme agreed with • City Attorney that at the time when we render the decision we did it with
all the facts that resented us. We did make a sound judgment, I will not apologize for the judgment
that I made. At no ti we t. you were inaccurate, but we did have to follow certain laws and it was
impossible to go over Robert Rules of Order. It is allowable to do a sub over a sub but we still, as a
governing body, have they t to appeal the decision of the chair, which was you at the time. We acted as
body. Do we want to bririg this back?
Council Member Ly recommended overriding the initial ruling and allowing subs over subs. Also, he felt that
Council should consider adopting the Rosenberg Rules of Order.
Council Member Clark— I need clarification on this — of what is allowed as far as a sub on a sub.
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 8 of 10
City Attorney Richman stated that Roberts Rules are not crystal clear. She explained that a motion was given
to appoint "Rainbow" as the new trash hauler, and then a substitute motion was offered to the main motion for
"Consolidated ". It can, there for be moved if there are no other amendments pending. If a motion proposed to
replace one or more paragraphs that are involve in a pending on the primary amendment, which is the
second motion, in our example was to approve "Consolidated ". It is a secondary amendment to which the
term subs is also applicable. That is your third motion, or your secondary amendment.
Council Member Clark— if a motion to replace one or more paragraphs that tare' lved are involve in a
pending primary amendment, that is the substitute, to replace one or more pa s. It wasn't to replace a
paragraph it was to change everything. The third motion was to change a City Attorney Richman stated that the motion can change the whole a fe pa it does not say it could
only be part of it. Interpreting Robert Rules, whether it's a sentence orhe entire it could still be
considered an amendment or substitute. Your concern is that it'ribproper to have arl ;amendment that is in
fact amending the entire language. :s
Council Member Steven Ly made a motion, seconded by "6
the allowance of a substitute motion on top of a substitute
of Order. Vote resulted in:
Yes: Alarcon, Armenta,
No: None
Abstain: None
Absent: Non:G.r
City Manager Allred
Order to replace the
6.
Counc' mber Clark 4*1
securd• s.
Mayor Pro w— stated
was informed pe ed the
feeding stray cats. w c
City Manager Allred
cats.
the e of
Iles over.
ilker William Alarr n to restore
it pertains to the Robert Rules
is recommending the Rosenberg Rules of
to cirjnatg with the Garvey School District in responding to their
ed feedback from residents about the $10 stray cat fee and that she
She asked staff to look into a policy to discourage people from
staff for a successful Fall Fiesta event.
something could be done in terms of education regarding not feeding stray
Council Member Ly commended staff for a great Fall Fiesta event.
MayorArmenta commended staff for the Fall Fiesta event and stated that it is important for Council to attend
seminars and network at conferences to bring back vital information to the city.
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 9 of 10
Council Member Alarcon commended staff on the Fall Fiesta event and thanked Public Works staff on the
new generator.
7. CLOSED SESSION
A. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9 (a): 1 matters
Tammy Gong, and L &G Rosemead Garden, LL tyrgf Rosemead and John
Tran - Case No. BC487865
MayorArmenta recessed the meeting to closed session at 8:54 p.mKVe City cil reconvened back from
closed session at 9:15 p.m.
City Attorney Richman announced there were no
session.
taken by the City
8. ADJOURNMENT
The meeting adjourned at 9:15 p.m. The
October 23, 2012 at 7:00 p.m.
City Council meets scheduled to take place on
Mayor
Rosemead City Council Regular Meeting
Minutes of October 9, 2012
Page 10 of 10
ATTEST: °:r,