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CC - Minutes - 07-11-2023MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 11, 2023 The regular meeting of the Rosemead City Council was called to order by Mayor Ly at 7:00 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 (teleconferencing), Dang, and Low ABSENT: None PLEDGE OF ALLEGIANCE was led by Staff Sergeant Wayne Tran from the Los Angeles Recruiting Battalion, El Monte Station, United States Army Posting of the Colors Presented by the Girl and Boy Scout Troop No. 511 INVOCATION was led by Former Senator Ling Ling Chang STAFF PRESENT: City Manager Kim, City Attorney Richman, Assistant City Manager Bruckner, Director of Finance Chua, Interim Director of Community Development Wong, Director of Parks and Recreation Boecking, Director of Public Works Chung, and City Clerk Hernandez PUBLIC COMMENT Mayor Ly opened the Public Comment period. Chester Jung, 3927 Ivar Avenue, stated he has lived right across the street for almost 55 years; opined everything was fine until the city built the Community Center here and put a wall up that created this problem. The wall installed is only 18 inches from the city's property line, which created a hazard as anybody can climb the fence to get into my pool; stated to correct that problem, the city then decided to add growing ivy against the wall on my 150 feet block. Well, that was fine and good until it got out of hand that it started growing over the city wall, between the two walls and onto my wall. Mr. Jung indicated when I informed the city of that issue, they sent out Public Works staff who left a letter acknowledging the problem and that they would correct it by maintaining the property between the two walls. Noted the city has maintained that space every two or three years over the last 25-30 years; the problem now is that city staff who were aware of this issue and the need for ongoing maintenance are no longer with the city, except Martin Jones. Asserted that in June 2022, I went to Public Works and talked to the new person in charge who said he would try to get it corrected; I waited three months for a response, having not received one, I went back and was informed that specific staff was no longer with the city. Emphasized I've been fighting with the city for over a year and one month. I talked to City Manager Kim who is aware of the problem as he has seen the pictures, has a copy of the letter and plot plan that shows the affected area, and was also shown the city blueprints. Stated the Director of Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page I of29 Public Works and the City Engineer finally came to look at the property; noting after the visit, they both said they would look into it and take care of it, but it has been 13 months, and I have heard nothing from them. Mayor Ly thanked Mr. Jung for sharing his comments; indicated we've had some staff changes in the Public Works Department, so I'm going to ask City Manager Kim to set up a meeting with Mr. Jung so we can address his concerns the best we can. City Manager Kim responded, yes, we'll do. Bobbi Bruesch resident, stated I want to bring up something that has been bothering me for the past 40 years — I've lived along Garvey Avenue and participated in three very costly studies, yet nothing is being done; opined Garvey Avenue still looks trashy as there are two junkyards, four large areas that are vacant on Del Mar Avenue, including the auto auction site. Pointed out that Valley Boulevard is your arterial function in the north but if you look at the maps, Garvey Avenue was there before Valley Boulevard as it dates to about 1890. The participating committees came up with some really good ideas, so it is sad that nothing has happened. I realize there's people who are hesitant to build certain things, but we've got to solve that problem. The area is being used more as people go through that area when the freeway gets jammed; commented if I went through that area when the traffic was jammed, I wouldn't want to live there. Asserted that she would like to be a participant in whatever type of committee, the Council comes up with to take a look and at least make a plan for the vacant lots to get rid of those two junkyards. Mayor Ly thanked Ms. Bruesch for her comments as we welcome all the input she can bring us on that subject. Shared that Council Member Low is very passionate about it and would love to be on a committee that tackles Garvey Avenue. Council Member Low confirmed, yes, I have already served on some of these committees. Mayor Ly indicated this is an ongoing issue, and a challenge for us, but we'll continue to address it to get Garvey Avenue to the level it deserves to be. There being no further comments, Mayor Ly closed the Public Comment period. 2. PRESENTATIONS A. Proclamation Declaring July 2023 as "Parks Make Life Better Month" in the City of Rosemead The City Council presented Director of Parks and Recreation Boecking and his team a Proclamation declaring July 2023 as "Parks Make Life Better Month" in the City of Rosemead. B. Administration of the Oath of Office to Steven Ly to Assume the Position of Mayor Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 2 of 29 Jordan Marks, the County Assessor, San Diego Recorder Clerk, stated I just want to recognize all the friends and family that are with us here today to celebrate Mr. Ly, but most importantly recognize his parents who came to America to live the American dream, although they're not here with us today, this is a tribute to honor your parents' memory. Secondly, let's recognize the importance of democracy that his parents came to America for, ability to celebrate freedom and this peaceful transition of leadership, not power, but leadership amongst the City Council. San Diego County Assessor Marks administered the Oath of Office to Steven Ly as Mayor. C. Administration of the Oath of Office to Margaret Clark to Assume the Position of Mayor Pro Tem Steven Lopez, Margaret Clark's Grandson -in-law (Mrs. Clark's granddaughter's husband), recognized Margaret for decades of care, dedication and everything she contributes to the city, her family. Mr. Lopez administered the Oath of Office to Margaret Clark as Mayor Pro Tem. D. Recognition of Council Member Sean Dang as Outgoing Mayor The City Council presented a plaque to Council Member Sean Dang recognizing his efforts and contributions as Outgoing Mayor. E. Presentations and Commendations for Newly Appointed Mayor Steven Ly, Mayor Pro Tem Margaret Clark, and Outgoing Mayor Sean Dang The following agencies presented certificates of recognition: • Field Representative Rene Romero, Assembly Member Mike Fong's Office • Senior Field Deputy Aldo Arellano, Los Angeles County Assessor Jeffrey Prang's Office • City of Monterey Park City Council: Mayor Jose Sanchez, Mayor Pro Tem Thomas Wong, Council Members Vinh Ngo and Yvonne Yu • Garvey School District Superintendent Anita Chu and Board Member Bobbi Bruesch • Rosemead School District: President Ronald Esquivel, Board Trustees Veronica Pena, John Quintanilla and Diane Benitez • Rosemead Chamber of Commerce: Executive Director Ray Jan • President Siong Yap, Southern California Fukienese Association • Municipal Relations Manager Susan Ayala and Municipal Supervisor Ruben Martinez, Republic Services Mayor Ly pointed out a couple of special guests that were probably too shy as they chose not to speak — Former City Manager Jeff Allred, Council Member James Breitling, City of Upland, Former State Senator Ling Chang, as well as US Army Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 3 of 29 Sergeant First Class Elijah Mockabee, Sergeant Michael Choi, Sergeant Edgar Kiki Lewis, Former Sergeant Alex Waffle, Sergeant Paul Garcia, and Sergeant Henry Garcia. Mayor Ly recessed for a brief reception. The City Council resumed the meeting at 9:05 p.m. 3. PUBLIC HEARING - None 4. CONSENT CALENDAR ACTION: Moved by Council Member Low and seconded by Council Member Dang to approve Consent Calendar Items A, B, and D through F. Consent Calendar Item C was pulled for separate discussion by Mayor Pro Tem Clark. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None CE A: The following items are not subject to the California Environmental Quality Act, unless noted on the item. A. Claims and Demands • Resolution No. 2023-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,013,906.95 CHECKS NUMBERED 114336 THROUGH NUMBER 114453, DRAFTS NUMBERED 6572 THROUGH NUMBER 6604 AND EFT NUMBERED 51727 THROUGH NUMBER 51769 INCLUSIVELY Recommendation: Adopt Resolution No. 2023-41. B. Minutes Recommendation: That the City Council approve the special meeting minutes of June 27, 2023. D. National League of Cities 2023 Summer Board and Leadership Meeting in Tacoma, Washington — July 19-21, 2023 The City Council will consider authorizing the attendance of Mayor Pro Tem Margaret Clark who wishes to attend the National League of Cities 2023 Summer Board and Leadership Meeting in Tacoma, Washington, from July 19-21, 2023. Recommendation: That the City Council authorize the attendance of Mayor Pro Tem Margaret Clark to attend the National League of Cities 2023 Summer Board and Leadership Meeting in Tacoma, Washington from July 19-21, 2023, and any related expense incurred during the conference. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 4 of29 E. Approval of First Amendment to Interim Community Development Director's Employment Agreement as a Retired Annuitant Position In September 2021, the City opened the Community Development Director recruitment due to resignation of the previous director. On May 31, 2022, the City Council authorized the City Manager to appoint Mr. Stan Wong as a Retired Annuitant to the position of Community Development Director as authorized per California Government Code Section 7522.56 and 21221(h). The recruitment is ongoing, but the position remains vacant. As such, staff is requesting an extension to Mr. Wong's agreement for FY 2023-24 until the permanent Community Development Director position is filled. Recommendation: That the City Council amending the Interim Community Development Director's Agreement with Mr. Stan Wong to extend the term and hourly rate of a Retired Annuitant position per California Government Code Sections 7522.56 and 21221(h) by Approving Resolution No. 2023-40, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE FIRST AMENDMENT TO THE INTERIM COMMUNITY DEVELOPMENT DIRECTOR'S RETIRED ANNUITANT EMPLOYMENT AGREEMENT CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION C. Second Reading and Adoption of Ordinance No. 1016 - Approving Zone Change 22-02 and Specific Plan Amendment 22-01 - 7849-7857 Garvey Avenue and 7900-7916 Virginia Street On June 27, 2023, the City Council introduced for first reading, Ordinance No. 1016, an ordinance amending the Zoning Map and Garvey Avenue Specific Plan by changing the zone of the subject properties from Garvey Avenue Specific Plan (GSP) (APNs: 5287-038-018, -019, -020 and -029) and Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) Zone, for the development of a new residential/commercial mixed-use development. Recommendation: That the City Council approve the second reading and adopt, by title only, Ordinance No. 1016, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO APPROVE ZONE CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01 TO AMEND THE ZONING MAP AND FIGURE 3.1 OF THE GARVEY AVENUE SPECIFIC PLAN BY CHANGING THE ZONE OF THE SUBJECT PROPERTIES FROM GARVEY AVENUE SPECIFIC PLAN (GSP) (APNS: 5287-038-018, -019, -020 AND -029) Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 5 of 29 AND GARVEY AVENUE SPECIFIC PLAN, RESIDENTIAL/ COMMERCIAL (GSP-R/C) (APNS: 5287-038-030 AND -033) TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED- USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT LOCATED AT 7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET There being no comments, Mayor Ly opened and closed the Public Comment period. Mayor Pro Tem Clark noted she was not at the meeting when this item was voted on; expressed to the Council that she has serious issues with this item at 7849-7857 Garvey Avenue and 7979-16 Virginia Street. Shared that there are two longtime Planning Commissioners, who wanted to pull this item so that further study can be conducted on the traffic effects of Virginia Street; reminded Council that many people came out and talked about how they have issues on Virginia Street due to the auto auction site. Emphasized there could be a tragic situation when such a large development is there and one little street that goes into a double cul-de-sac there; suggested sending this item back for further traffic study. Mayor Ly asked what is the wish of the Council? Council Member Low commented that Council asked our City Engineer at the last meeting about the traffic situation, specifically whether it warrants another traffic study. The City Engineer's response was that the traffic situation was studied, and he does not feel it warrants another traffic study. Mayor Pro Tem Clark stated she recalled that Council Member Armenta also had serious considerations at the last meeting this was discussed. Made a motion that we send this item back for further study because the people on that street are going to suffer. Mayor Ly asked if there is a second to Mayor Pro Tem Clark's motion. Council Member Armenta replied that she will second that motion. My following comments are not to take away from Transtech's Engineers and all the great work they do; stated there has been many times we have looked at the recommendations after studies were completed and determined that more study was warranted with the situation on hand. Provided the example of the Klingerman Street and Angelus Avenue, just at the end of Rice Elementary School; recalled that the Traffic Engineer at that time was looking into placing some traffic calming conditions, however the recommendations was not going to be feasible for the residents or the city; stated she could not specify exactly what it was but that she recalled they were going to move forward with the recommendation, but had Council not stopped it, then what those residents feared would come true. Reiterated, I feel the same as Mayor Pro Tem Clark that I think this warrants a traffic study. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 6 of 29 Mayor Ly stated there's a second to table this item for additional study. Is there another motion on the floor or do we vote on the current motion? Council Member Dang stated I'd like to make another motion to accept the current second reading without doing another traffic study. Emphasized that it is not just the City Engineer that took a second look at it, it's also the private engineers, the people that did the Environmental Impact Report, and those consultants also recommended the additional entry through the backside of property. Referenced the data the Traffic Engineer shared that it's probably less than 13 cars per hour that will go out that gate, so very minimal impact. Secondly, even if we were to eliminate that second entry in the back, it creates very dangerous choke point within the building, idling cars, creating air quality issues for the tenants inside the building. I do not think having additional traffic study is warranted and I would motion to accept the current reading as is. Mayor Ly stated there's another motion to adopt the second reading of title of Ordinance No. 1016. Is there a second to that motion? Council Member Low replied I will second Council Member Dang's motion. I also want to add that looking at the diagram, there were two entrance or exit points that are on the south side; opined that is not enough. Indicated support to have that exit point toward Virginia Street; expressed, she feels confident as the Traffic Engineer said the impact will be minimal to the residents nearby there. Mayor Ly stated we have a motion and second to adopt Ordinance No. 1016. Is there another motion on the floor? Hearing none, reminded Council before we vote that per Rosenberg's Rules of Order, we will vote for the most recent motion first which is Council Member Dang's motion to approve and adopt the second reading of Ordinance No. 1016 as is. Asked City Clerk Hernandez for roll call vote. ACTION: Moved by Council Member Dang and seconded by Council Member Low to approve the second reading and adopt, by title only, Ordinance No. 1016, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO APPROVE ZONE CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01 TO AMEND THE ZONING MAP AND FIGURE 3.1 OF THE GARVEY AVENUE SPECIFIC PLAN BY CHANGING THE ZONE OF THE SUBJECT PROPERTIES FROM GARVEY AVENUE SPECIFIC PLAN (GSP) (APNS: 5287-038-018, -019, -020 AND -029) AND GARVEY AVENUE SPECIFIC PLAN, RESIDENTIAL/ COMMERCIAL (GSP-R/C) (APNS: 5287-038-030 AND -033) TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED- USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT LOCATED AT 7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 7 of 29 The motion was carried out by the following vote AYES: Dang, Low, and Ly NOES: Armenta and Clark 5. MATTERS FROM CITY MANAGER & STAFF - None 6. MATTERS FROM MAYOR & CITY COUNCIL A. Report, Discussion, and Direction Regarding the Scope of Work for State Lobbyist and Advocacy Services At the February 28, 2023, City Council Meeting, the City Council requested that an item be brought forward at a future meeting to discuss the scope of work for a Request For Proposals ("RFP") related to State Lobbyist and Advocacy Services. Additionally, the City Council requested a lobbying cost survey of comparable cities by population in the San Gabriel Valley, or broader Los Angeles County, if necessary. Both items are included in the report for City Council review and discussion. Recommendation: That the City Council provide direction on the state lobbying and advocacy services. City Manager Kim stated this a follow-up item from the February 28th discussion whether to continue services of Gonsalves and Sons or to release an RFP. At City Council's direction, staff conducted a survey of surrounding San Gabriel Valley cities as well as using comparable cities in Los Angeles County to identify the firm used for their legislative advocacy program and contract costs, which can be referenced on page 2 of the Staff Report. At this time, staff is requesting direction from the Council to either continue the service of Gonsalves, RFP, or provide different direction. There being no comments, Mayor Ly opened and closed the Public Comment period. Mayor Ly indicated he brought this item up, so he will begin the discussion and then invite his colleagues to speak on this item as well. First, I would like to say that I have respect for the Gonsalves family and their firm. However, for the last 15 years I have not seen that we have received much of service from the Gonsalves firm and I believe that it is time for us to at least consider looking at what other options are out there, if we need lobbying services and how that compares to DC lobbying. Opined you got to prove that whatever money we're putting in, we're getting back and then some; commented in the case of the DC lobbying for example, recently Turch & Associates concerted efforts secured us the Dog Park, and they are actively working on certain key earmarks, including securing legislatively directed funding for our park equipment, park space general, and for Safe Routes to Schools. Stated I have not seen that same type of outreach from Gonsalves. So that's the reason why I want to see what else is out there, then once we have all the RFPs back, we can make that determination to compare what we're getting, if we like what we're getting, or simply that we don't need what we're getting. Emphasized we won't know until we go out to bid on those services. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 8 of 29 Mayor Pro Tem Clark opined there are bills in Sacramento that are outrageous, which is why we need a good lobbying firm watching them. Looking at the chart, I really believe we should keep Gonsalves & Sons since we've had them for so long and are grandfathered into a much lower rate of $30,000 and that's fantastic compared to other cities. Shared that I've been able to call them, have good conversations and feedback on the bills, especially the housing bills that they're trying to make us mandate. We have a huge RHNA number that is taking away our local control. Commented it would be a waste of staff time to even go out to bid; emphasized we need people that are known in Sacramento, so when the Gonsalves walk into the chambers those legislators know what they're going to do as they represent a lot of cities. Council Member Low stated I don't know the Gonsalves family well, other than that they've been around for a long time. When this item was first brought up, I agreed with Mayor Ly that we have not received enough services from them. At the Contract Cities Conference, Gonsalves reached out to me, I was being very frank with them, basically saying I felt that they had not really provided us with enough information or enough forward-looking about some of the legislation that was happening in Sacramento. From that conversation, I believe they are sincere in wanting to do better, so my personal feeling is I'd like to give them a second chance to work with them for maybe a year or two. Commented it's unfair for us to be upset in not being provided with something that we didn't ask for; that being said, I think we as a city should come with things that we want Gonsalves to provide. They acknowledged that they are very willing to work with us. So, once we set that expectation, if they're not willing or able to meet our expectation, then we should consider elsewhere. Council Member Dang stated I've never met the Gonsalves family or their company, so I could honestly speak with an unbiased lens. Over the years, it seems like they have provided staff with the same verbiage and items to include in the Council Weekly Report but it doesn't give many details or new information. In regard to what Mayor Pro Tem Clark said it's true there's tons coming down from Sacramento, but a lot of it catches us off guard, which defeats the purpose of having a lobbyist. They're supposed to be the front line saying hey, Rosemead, we have something coming down the pipeline that may affect you. There have been times when I have asked our City Manager if he is aware of an item, and he says yes that city staff have been tracking it, not Gonsalves staff. It shouldn't come to this point where we ask, "Hey, what have you been doing for us lately?" — And the answer is nothing because our city staff is doing the diligent work. Opined it's too late that it shouldn't have had to come from a Council level to have a reaction, which shows the lack of professionalism from the Gonsalves firm. If you're going to be in this particular business of lobbying, you need to be vanguard so you can at least warn us that this is coming so we as Council could figure out how to mitigate it. Reiterated I don't think Gonsalves did that. Stated yes, their prices are cheap, and they represent a lot of cities, but representing a lot of cities also has that weakness — think about, if their grant represents 10 cities, who are they going to give it to now? Council Member Armenta expressed that this is a double edge sword for me because I have known the Gonsalves family for many years, as they are an intricate part of Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 9 of 29 Contract Cities. I am going to make some clarification comments about what Mayor Pro Tem Clark stated, the reason why SB 50 failed was because of Senator Susan Rubio who gathered all her City Managers, asking them how this bill will affect you. She was the driving force in making sure that the other senators knew what the implications of SB 50 would be. I do not recall Gonsalves even being a part of that. Not to take away from Gonsalves being a great family business, but it's important to discuss these instances. We had a very important bill regarding the street sweepers that was going to be voted on in concurrence. For us, it had nothing to do with prevailing wages. The street sweepers were going to be considered engineers, meaning they were going to get about $108 an hour. Board of Contract Cities were on a thread until 1 a.m. Emphasized that this bill never came to us, but we would have been better prepared had that bill come to us early on. One person that let us know this bill is coming up, already passed through the Assembly and the Senate, it's going in concurrence. Also, with the help of Assembly Member Blanca Rubio, who we were on the phone with and doing everything we could think of. Council Member Armenta expressed that was very concerning to me and that's why we're looking at our contract with street sweepers being over $400,000 now; stating it failed, so not sure where we are at with the language because it comes to industrial relations. It failed and we are still looking at those repercussions. I talked to City Attorney Richman and City Manager Kim and that was one of the questions that I had when we were going out to bid — Is the industrial relations taking into effect that bill did not pass? As of now, no, they are not taking that into consideration. So where is the help in that? We have to pay the prevailing wage of $108 an hour for street sweepers driving the street sweeping vehicle. Now hearing from Council Member Low, does it warrant looking into maybe a year from now and saying specifically what we need as a city to be protected for our lobbyists. Posed the question — If we go out to RFP, then is Gonsalves not going to bid because we are grandfathered in at the low price we already have? Stated there's a lot of things going on in my mind right now, reiterating I know the family and they do care, but I am not sure if we're getting our money's worth. Mayor Ly stated I thank my colleagues for providing a very good across-the-board view on this issue. This is one of those subjects that some of us may have to agree to disagree with. Directed a comment to Council Member Low — I could see from your perspective you're really busy with work, so you haven't had a chance to go to a lot of our lobbying sessions. Asserted that I've been incredibly active when it comes to the advocacy portion of our agenda in setting both our legislative platform, going to lobby days, etc., over the past five -six years. Having been to a lot of them, I have to say that we have given Gonsalves a lot of direction but in my opinion, that's fallen into deaf ears or we've been moved in the wrong direction. For example, at the last Council meeting, we were trying to get a lobby meeting with legislators to discuss the increase in crime issue, so Gonsalves set up a meeting with a legislator, but the problem is the meeting should have been with Senator Susan Rubio and not Assembly Member Blanca Rubio. If your my lobbyist, at the very least, you should know who my representatives are because theoretically, I may not necessarily be talking to my legislators every single day but as my lobbyist, you should be aware what bills aregoing to different meetings, etc.; emphasized you should know which legislators Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 10 of 29 are representing me and have that relationship ready to go so that when I walk into a room, I have a representative that already has that relationship with the legislator and their staff members. There's that issue and many times where I feel whether it was regarding 710 or other issues when we were partnering with other cities, the other city's lobbyist was more engaged and leading the charge on a lot of issues and was thinking strategically about how we can go after this bill, how we can advocate for that bill, whereas Gonsalves did not do that. Much like Council Member Armenta and Mayor Pro Tem Clark, knowing the Gonsalves family and talking with them because I'm up there every year, I work with them and they're lovely people and do a really good job of picking us up from the airport, getting us back. Stated during commission interviews, Council asks all candidates, are you ready to make a hard decision that will make your neighbors angry with you, but it's the best decision for the community? This decision to go out to bid does not make the Gonsalves family happy, but I do believe it is for the benefit of the City of Rosemead to have an effective lobbyist that can represent us on incredibly important issues such as the ones that Mrs. Clark and Ms. Armenta mentioned. Expressed, I learned a lot from the information that Council Member Armenta has shared, more than I ever had from Gonsalves family; explained we should be learning this inside information from Gonsalves who are getting paid for these services. Reiterated, I truly believe we need better lobbying service. Council Member Low stated I would like to ask Council Member Armenta, since you work with the Senator you see a lot of action within the district and in Sacramento. I know you already made a statement, but I just want to be clear. Do you feel that you don't see enough involvement from the Gonsalves company in lobbying for the different cities? Council Member Armenta responded as far as being a staffer I saw the efforts from both Senator Rubio and Contract City on SB 50; however, I do not recall involvement or any meetings provided by Gonsalves in these decisions that are extremely impactful to the City of Rosemead. Explained in detail the Senator's efforts — Senator Rubio had Senator Wiener call in for a roundtable discussion that provided every single City Manager in her district the opportunity to let Mr. Wiener know how SB 50 is going to affect their cities. Council Member Low inquired how about did you see Gonsalves involved in any issues other than city related? Council Member Armenta replied yes, it was a couple of years back when Council Member Lou La Monte, City of Malibu, was the President of Contract Cities; if you recall there was a bill that aimed to restrict the ability of cities to contract out services. Assembly Member Blanca Rubio was texting me saying you guys need to come down here. Contract Cities was lobbying, went to Sacramento to provide testimony on behalf of the member cities, which Gonsalves was part of; we were able to stop that bill and it died. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 11 of29 Council Member Low ascertained so it is fair to say they are involved in certain issues, but they have not been involved in any city -related issues. ' Council Member Armenta stated I cannot speak on Gonsalves' involvement in other cities. I can say as far as Rosemead is concerned, again, I have to go back to that bill that would have street sweeper drivers making over $100 an hour, regular, not including holiday or overtime; commented it was going to pass if it wasn't for the fact that we had those connections on the floor to loop us in. They were saying this was once in a lifetime that something that has gone to concurrence has failed. Nobody could remember the last time that a bill went in concurrence, and we stopped it. This is the reason why we're not supposed to pay the exuberant amount of salary for street sweepers. Repeated all I've seen is the efforts from Contract Cities, Senator Susan Rubio and Assembly Member Blanca Rubio. Mayor Pro Tem Clark asked Council Member Armenta were Gonsalves not involved in the street sweeping bill or the contract cities contracting out? Council Member Armenta responded involved as far as the contracting out, Gonsalves was notified by Contract Cities because they do have a lot of member cities as their clients; since Gonsalves knew about this bill early on, they were able to help. In regard to the bill about street sweepers, if it wasn't for one street sweeping company coming to our Legislative Chair, saying that we're not going to be able to pay our drivers. That's how we found out literally the day before. Not one city would have known that it was in the pipeline. I recall asking Gonsalves "Why were we not told?" Their response was "Oh, we were working on it on the back end." The thing is as a client we should have been told. This was not a bill that just popped up or was a gut -and -amend bill; explained for those not familiar, a gut -and -amend bill is when amendments to a bill changes its origin in their entirety and replace them with different provisions. For example, you can have a transportation bill, and you gut - and -amend it and now it's an education bill. It's completely different from what the origin is. This was not a gut -and -amend bill. This had always been in the pipeline, but we weren't told. You should have told our city by contacting our City Manager and Assistant City Manager, because that would have helped us at the last minute, the day before, the day of, as we were urging cities to provide opposition letters. Had we been told, then we could have been more prepared. Their response that they were working on the back end is such a general comment. — Well, if they were working on the back end, then they would have contacted all their clients including the City of Rosemead. So, are they going to be prepared to provide the resources that the City of Rosemead needs to fight this again? I think many times when we vote a certain way or we want change to improve, people take it very personally. Emphasizing this has nothing to do with personal agendas. This is what we feel is for the betterment of the City of Rosemead. We were all elected to be the voice of the residents that don't have a voice. Again, this has nothing to do with the kind of people they are or take away from them being hardworking. At the end of the day, we must vote if this is warranted? And it has nothing to do with personality, nothing to do with personal attacks or any of that. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 12 of29 Mayor Ly inquired if there were any additional comments or questions on this item? Council Member Low expressed I think I got a lot of different and helpful information with tonight's discussion. Mayor Ly asked if there was a motion on the floor. Mayor Pro Tem Clark made a motion to stay with Gonsalves and Sons for one year and provide direction on items we want them to do, and if at the year mark we don't like the results, then we go out to bid. Mayor Ly asked if there was a second. Hearing none, that motion dies on the floor for a lack of a second. Mayor Ly stated I will make a motion that we instruct staff to issue an RFP for a lobbying services contract and have the Council receive bids for lobbying services. Is there a second to this motion? Council Member Dang asked for clarification, if this is a state lobbying contract? Mayor Ly affirmed yes, for the state lobbying contract. Council Member Dang seconded Mayor Ly's motion. ACTION: Moved by Mayor Ly and seconded by Council Member Dang to instruct staff to issue an RFP for a state lobbying services contract and have the Council receive bids for lobbying services. The motion was carried out by the following vote AYES: Armenta, Dang, Low, and Ly NOES: Clark B. Report and Discussion on Potentially Changing the City's Municipal Election Date from State Primary Elections to the State General Elections in November on Even -Numbered Years On June 27, 2023, the City Council discussed the option of potentially moving the City's General Municipal Election date from the staggered State Primary Election cycle of March and June of even -numbered years to the Statewide General Election cycle beginning in November 2024 and continuing after that in even -numbered years. Furthermore, another option suggested was to place a measure before the voters to decide if the current staggered election cycle should be moved to a November election cycle for consistency. During the discussion, City staff was directed to bring back a draft ordinance for review, conduct community outreach to obtain feedback about changing the City's election cycle, and provide a timeline for a potential measure to be placed on the March 5, 2024, General Election. Recommendation: That the City Council discuss and provide direction. Due to the long list of speakers for public comment on the next Item 6C, by Consensus the City Council tabled Item 6B for a future meeting. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 13 of 29 C. Discussion on Displaying the Pride Flag in the Month of June for Pride Month At the June 27, 2023, City Council Meeting, then -Mayor Pro Tem Steven Ly requested during the Pride Month Proclamation presentation to bring back for discussion, possibly displaying the Pride Flag next year in June for Pride Month. Recommendation: That the City Council discuss and provide direction. Mayor Ly stated he put this item on the agenda as at the last Council meeting we issued a proclamation in support of Pride Month; expressed if we're going to talk the talk then we should walk the walk and place this item for discussion on the agenda. Mayor Ly opened the Public Comment period. Dolores Wiederman, resident, indicated she as well as several Rosemead residents were not aware of this item. Indicated she is opposed to the displaying of the pride flag as I feel like it's a slap in the face of my Catholicism faith; commented I believe Archbishop Gomez is, if I'm not mistaken, opposed to this as well. Stated I think we need to keep our children as innocent as possible when they're young; I had a hard time explaining to the young children when they saw what was going on at Dodger Stadium on the television. It's easy for me to explain the American flag, the state flag and the Vietnamese flag, but I'm very opposed to this. I'll be very appalled and disappointed if the City Council, who we the residents voted into office to represent us, approves this. Ms. Weiderman wanted to share that she had a tree fall during winter; noted since City facilities were closed during the holiday break, I couldn't reach the office; luckily, I was able to contact City Clerk Ericka Hernandez, so I want to give kudos to her who took care of my issue like that. I also want to thank Council Member Sandra Armenta, Mayor Pro Tem Margaret Clark, and the 75 people that came to the memorial for Margaret Holt; they were impressed with the articles that you took the time to assemble to represent Margaret. Velia Navarro, resident, expressed opposition to the suggestion for the pride flag to fly next to our American flag and our California state flag. Stated in my opinion, it does not belong there. I don't have a problem if anyone wants to fly the pride flag in their own home but I do not support the City of Rosemead flying it. It's just disappointing as the Sisters of Perpetual Indulgence, how they insulted the Catholic religion by mocking it with their clothing and use of makeup. No one has a right to belittle any religion, whether it's Buddhist, Christian, Jehovah Witness. We need to have respect for all religions. I totally disagree that children today are being taught about the sexual differences and preferences of people. I think if the schools are going to teach that, I believe it should 12th graders who are 17 and 18-year-olds that are more adults than the young kids in elementary school. They don't need to know what's going on. And besides that, it's not the school's responsibility, it's the parents' responsibility to teach their children about sex. There is so much pressure for children in school these days because you have to learn how to address people right. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 14 of29 Expressed, I don't know if the City Council has control over the school system, with Rosemead School District, but if they do, I think they really need to look into it with a magnifying glass. Reiterated I am opposed to the pride flag being flown by the city, because we should have respect for the California flag and the United States flag. Mr. Larry Tamez, resident of over 30 years, and a pastor at Bethel Temple in Rosemead for over 40 years; shared at my Church, we have the American flag and the Christian flag displayed, then at my home, I display the followings flags of my choice — the Dodgers, the Rams, the Blue Lives Matter for the Sheriff's Department, that's my right and that's also your right. If you fly the pride flag in the City of Rosemead, then I believe we have the right to fly the Christian flag, the Dodgers flag, the Rams flag, UCLA and USC flags, for the same amount of time. Asserted see what happens when you open a can of worms? It is our right to raise our children in the ways we want to. Our government is trying to take that right away from the parents. It is my right as the parent if I don't agree with the school's teaching system, then I will pull my children out of the public school and either home school or put them in a private school. We're living in a chaos world that is not about blue or red, it's about spiritual warfare. Thank you for your time. Julie Jacks resident for the past 30 years, stated I believe that as a government agency the only flags that should be flown at City Hall are the United States American flag, the California flag and Rosemead flag. I do not think that flags honoring specific causes or groups belong at City Hall and that City Hall should remain neutral. Thus, the pride flag should not be displayed at Rosemead City Hall as the flag does not represent the residents of Rosemead as a whole. Many residents do not accept homosexuality, same-sex marriage or the LGBT cause. Many Christians and myself included reside in our city and we do not compromise what the Bible says about homosexuality. Bible tells us in the Genesis 1:27 it's very clear that God created us male and female. I ask you not fly the pride flag at Rosemead City Hall and I reject this proclamation to display the pride flag next year in June 2024. Reiterated that only the American, the California flag, and the Rosemead flag should be flown. Joshua Delgado was called but it was noted that he did not speak as he had to leave. Barbara Williams, resident, stated when she read about this item on the agenda, she thought it was not a good idea. Echoed earlier statements made that when you open this door, you've got to do it for everybody else. They're all going to come to you and say, well, if you fly their flag, why can't you fly mine or my emblem, etc. Emphasized you start with the pride flag and where does it end? I'm a lifelong Catholic but I'm not asking you to fly the Vatican flag. I was deeply offended with what happened at the Dodgers game, very disappointed with the Dodgers' organization. I've also worked in the entertainment business and with lots of gay people and some of them are my friends and I respect them. I believe in inclusion for everybody, and I will not condone violence against any group whether they believe what I believe or not. I believe we should accept them, be civil and kind to one another. However, I think you're headed for trouble, and this is a slippery slope, best to avoid. In my humble opinion, I think only the American flag and the California flag should be flown, and Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 15 of29 maybe the military flags because we should honor our military people that protect us and give us our freedom. Cynthia R. submitted a public comment card but had to leave, so she asked that this message be read into the record. Mayor Ly read Cynthia R.'s statement, "Major concern that this will send the wrong message to young people in Rosemead that are still developing. How do you make statements like this that pride stuff is family - friendly when so much of it is not family-oriented?" Ruth Boling submitted a public comment card but had to leave, so she asked that this message be read into the record. Mayor Ly read Ruth Bohne's statement, "My name is Ruth Bohne. I lived in Rosemead over 25 years and expect I will remain here a long time. Thank you, Honorable Mayor and City Council Members, for this opportunity to be heard considering the display of the pride flag during month of June. I feel it is my civic duty to alert the Council that pride is a sin. I understand that the flag of the United States of America is a symbol of the people who reside in this great nation. It is a reminder of all the freedom and liberty we enjoy that came at a tremendous cost borne by those courageous persons who sacrificed a great price. The people of Rosemead depend upon their leaders to make wise choices on their behalf. I believe displaying the pride flag is promoting the LGBTQ agenda and will only open the door for a plethora of problems. Those who seek display of the pride flag can't be comprised of a minute fraction of the city's residents. If you polled residents, I am quite certain you will receive tremendous opposition. We do not anticipate elected officials to cater to one special interest group over the majority of the population. The source of wisdom from God and this is what he says about the matter. One, when pride comes, then comes disgrace, but with humility comes wisdom. Two, pride only brings quarrels, but wisdom is found in those who take advice. Three, the Lord detests all the proud of heart, be sure of this, they will not go unpunished. Four, pride goes before destruction, and a haughty spirit before a fall. In Genesis, God showed how great man's weakness had become and was grieved he made them. His heart was filled with pain, decided to destroy the wicked with a flood. The rainbow is a reminder of God's promise to never flood the earth again. Destruction of Sodom and Gomorrah should be a warning to us to stay away from wickedness. We want to receive God's blessing on the City of Rosemead. He will do this if we honor Him." There being no further comments, Mayor Ly closed the Public Comment period. Mayor Ly opened discussion to his colleagues. Council Member Armenta stated as a Catholic former Christian teacher where my first teaching job was at a private Taiwanese Christian school, I taught the Bible, about a man that loved outcasts, healed leapers, forgives sins of sinful women, a man that was accepting. I taught of a man that loved everybody. Quoted Bible verse Luke 15:1-2 "Jesus loves outcasts. He loves the ones that the world would scoff at and cast off just as much as the ones others would lift up and praise." Yes, the man that I taught about was Jesus. He was the person that forgave Magdalene, that seeked those outcasts. Many of the scriptures that were said are from the Old Testament. When Rosemead City Council Regular Meeting Minutes ofJuly 11, 2023 Page 16 of 29 Jesus came to earth and was seen as the Son of God, a lot of things changed. It's very disappointing to hear all these people referring to the Bible, referring to things that the scripture says. The Bible says Jesus loves the outcast. If Jesus was here on earth today, he would also embrace what the pride flag represents. It does not just represent somebody's gender basis or their sexual orientation. That flag represents acceptance and that people can feel safe. Now let me talk about these perpetual nuns, to say that you're going to connect the pride flag to these nuns, people do not understand what they're talking about. Just because they waved the pride flag does not mean that pride flag represents them and what they are going out to. Let's talk about education because we got a lot of calls in my line of work and in speaking to Superintendents, Board Members, none of the curriculum that they taught had anything to do with teaching sexuality. All of this is coming from people that, I'm sorry, it came from Pride Boys. They went and changed the narrative and messaging. For example, the Superintendent of Glendale School District was interviewed; they were going to read a book that shows that families come different, it had nothing do with sexuality. It just showed to be proud of where you come from. Now, I remember many years ago when my goddaughter was little, the children's show "Barney" had the same message, Barney sang a song about all families being different. It's the same concept, but suddenly, it's different and not acceptable now. We have a lot of children that are made to feel ashamed because they're being told by people that do not their families or their situation, and they themselves put out the message, they don't know themselves, they're going by hearsay. I want to know how many people that spoke about this education curriculum read the book. It doesn't say, this person is going to have sex with that person, none of that. They're following state curriculum. They will not be able to teach something that is not approved by the California Department Education. Let's be truthful, a lot of people are just reiterating what they've heard and are blaming all this on the waving of the flag by those perpetuated nuns. Provided the example, it's like saying those people that stormed the Capitol because they were following Trump. Does that mean those people who stormed the Capitol represent all Americans? No, it does not. Because what a group or what an individual person does when they're waving flags does not represent what that flag stands for. I wonder how many people spoke today know that we also fly the Vietnam heritage flag at the end of April to stand for those that fought for the freedom and against communism. Just because you're flying one flag does not represent one religion. It does not represent anything other than the fact that you are letting people know that you are safe here, that you are accepted, that we are going to fight for your rights. Just because you have different likes, genders, status or feelings for each other, it doesn't matter. It's hard to sit here and listen to all these comments because this is not what Rosemead stands for. Rosemead stands for acceptance. We always say at our events that we embrace diversity. How is this not embracing diversity? On a different note, I know a lot of same-sex parents that adopted children; shared these children are thriving now that they were adopted into a safe family because they were not safe with their mom and dad. I'm not here to change your religious belief or your point of view. I'm just hoping that you would find it in your heart to accept those that are not like you, just like Jesus loved the outcast. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 17 of29 Mayor Pro Tem Clark stated I have same sex and transgender friends, so there's nothing in this that I am attacking anyone. Four or five years ago, the mantra was that we have freedom in this country, and we don't have to agree with each other, but if you have different orientation, that's America. Right now, the controversy that has come around this has made a huge difference and that's why I have a problem with flying this flag. To anybody that's kept up with what's going on could see why. I have articles and it breaks my heart that so much of the attack that the perpetual nuns of indulgence were mocking the Catholic faith. It's almost obscene to talk about. They took the crucifix that is a symbol of the Catholic and Christian religion and used it as a sexual toy. It breaks my heart that there would be mocking of a religion that several million people believe in. That's what is breaking my heart. We do have a free country, but so much has changed in the couple of years with this issue. I am kind of emotional, but I want to read this, "my Catholic friends are very hurt by the mockery of their faith", to quote Archbishop Jose Gomez, that he would dedicate a mass that day for healing due to the harm caused by the Dodgers decision to honor a group that intentionally denigrates and profanes the Christian faith. This is from the leaders of the Catholic Church. This isn't from me, okay. The US Conference of Bishops said, "a professional baseball team has shockingly chosen to honor a group whose lewdness and vulgarity in mocking our Lord, his mother and consecrated women cannot be overstated. This is not just offensive and painful to Christians everywhere. It is blasphemy". Julia Bowles said, "She hated how the sisters made a mockery of real nuns and that makes me think of all the sacrifice that Mother Teresa did to help the downtrodden". That's what the flag symbolizes because they were flying it. It's an endorsement of what they were doing and whether you feel that way or not, this is what the people of Rosemead and anybody that sees the flag, is going to think that you are endorsing. That is my problem. Clayton Kershaw spoke out against it and what the Dodgers were doing as an attack on his Christian faith. Another thing that has happened in the last couple of years, the women's rights movement, it took us almost 150 years to get the right to vote. Talking about women's sports finally came about with Title IX in 1972; women's involvement in sports was very slow to develop and to see the endorsement of women that worked so hard. I'm very concerned about the rights of women in sports to be not co-opted by a biological male who is stronger. I have no problem admitting that you guys are stronger than I am, that's how we were made. To open up the sports that women have worked so hard in that just be co-opted, it blows me away. What is really disturbing is that there are books being taught to small children about sex; I haven't read them, but I think that's very unfortunate because they're so innocent and have their little sweet lives, so they don't need to learn things at that young age. And there's a bill, we talked about Scott Wiener on the horrible SB 50 that he had about taking away our rights as a city in the zoning and AB 957, he is co-sponsor of this and it says parents affirming of a child's gender identity if they are to be judged for providing for health and safety and welfare of the child. In other words, if a five-year-old boy is taught that he could be a girl, and the parents don't approve of that, that child could be taken away from them. When people find out about this, the mama bears are going to come out of the woodworks. If you endorse that flag, that is what you are endorsing, whether you look at it that way or not. As a former teacher in the LA Unified Public School District, I'm concerned about schools as they are already losing students. If those kinds of bills are passing, Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 18 of29 I'm concerned about schools. The parents are going to pull their kids because if they think they could lose their child if they don't say the right thing or agree with certain things, this is very disturbing. So, this is why I'm very passionate about this. My problem is we need to be fair to everybody. For proclamations, so you did the pride proclamation, what about the Native Americans who were abused in this country? Reiterated I have very close friends in the LGBTQ community, so I don't have animosity toward them. Emphasizing what happened at Dodger Stadium, the whole thing around it, that is what people are going to see that you would be endorsing that. So, I cannot endorse this! In response to someone applauding in the audience, Mayor Ly made the statement, just for everyone's situational awareness, speaking of decorum we don't generally applaud at Council meetings. I understand this is a very passionate issue, that's the reason why I'm not purposely going out of my way to stop anyone during their comments. I want to make sure people are heard. Council Member Armenta stated with all due respect, but let's be frank here, how many years did you teach Mayor Pro Tem Clark. A couple of years? I taught for 21 years in Special E.D., and General E.D. from kindergarten, actually from preschool all the way to high school. So you can say that as an educator in LAUSD, that's fine. I completely disagree that people are going to see this the wrong way. What you're doing is you're associating that pride flag with those nuns. None of those people that you speak of, Kershaw, the Dodgers, ever spoke about the pride flag. They were bothered because of what those nuns represent. They do not represent the pride flag. This is my point that people just throw out information but they're not quite understanding what they're saying, and other people just eat it up and regurgitate it. Since I am Catholic, I've gone through all my sacraments except for death, thank God I'm here. So let me tell you what our Pope, Pope Francis has said about homosexuality because this is very important. Pope Francis, the highest person in the Catholic Church, said that Pope Francis criticized laws that criminalize homosexuality as unjust, saying God loves all his children just as they are and called on Catholic bishops who support the laws to welcome LGBTQ people into the church. So, if you're going to be talking about my religion, Mayor Pro Tem make sure you talk about everything. Make sure you quote what my Pope, my Pope Francis is saying about homosexuality. Again, to try to put all of this together into representing, so all those people that stormed the Capitol were holding the American flag. Should we say that every single person that went through that, that they killed a Capitol Police holding that American flag, should they also represent what America's flag stands for? No, they do not. They do not represent me, or those people that died for that flag, or what our flag stands for. You're trying to put your label on a pride flag; suggested learning about the origins, the representation, and what the pride flag means. It means acceptance, it means that somebody is able to feel secure. It has nothing to do with those nuns; encouraged all those people that spoke on this in the audience to go back and do your research. Just because you have a friend that is homosexual, that does not mean that you don't respect homosexuality. Let's learn what it stands for. Keep on bringing them because every single time you talk about my religion, my Catholic Church, I'm going to throw back Bible scriptures that refutes exactly what you're Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 19 of29 saying. So, let's make sure that we're representing everybody in Rosemead and that flag represents is acceptance. Now, if you want to go and beat around about the bush and say, "Oh there are going to be repercussions if we do this." That has never been my logic for why vote a certain way. I vote for what is best for the City of Rosemead and I vote to represent every single Rosemead resident in the city. Council Member Dang stated from hearing the comments from my colleagues and the public testimony, I think there's two main questions I have. The first question is, what do we do with flags in general, set aside this pride flag. What do we if as the pastor who spoke earlier says that he wants to fly his flag representing a Catholic group, or we might have another group that comes into our Chamber and says, you know I represent a satanic group, how do I fly my flag? Or more recently, Black Lives Matter or Blue Lives Matter flags, POW flags, how do we address flags in general? The second question is what flag should we authorize to fly? I also want to resonate the pastor's other very good point, where do you stop where one flag is authorized and another flag is not authorized? Can two flags that compete coexist, for example a Catholic flag versus a satanic flag — Do you fly both of them on the same day knowing that there's animosity with that type of display? I think in general having certain flags standing next to our American and California flag does send a message that sort of symbolizes a lot of the residents' belief. Again, just keeping pride out of this picture, but a flag in general. It's a representation of our residents, our community, our values and whatnot. I think if we have certain flags that are flown we have to be very careful because it sets off certain complexity that the city may not be ready to deal with. I like to just keep things simple and maintain the flags we have right now. Pointed out there's some cases even pertaining to flags with respect to the City of Boston; stated to give you the magnitude and complexity of it, it really escalated and went all the way to the Supreme Court level. I really don't want that level of complexity to be inundating our city's everyday operations. Council Member Low expressed that she really struggled with this one, so she wanted to hear all the comments before she gave her input. Deep down in my heart, I am extremely supportive of LGBTQ because I do have a lot of friends who are gay and lesbian that I love dearly, and they are just really good people. I personally do believe they are born with it, so I don't argue with it. So when this item came up, I feel like I'm damned either way my decision goes. I'm still supportive of my friends whether I don't support flying the flag. I know I will be called a hypocrite that I say I am saying supporting the LGBTQ but then why am I not supporting flying the pride flag. I agree with what Council Member Dang said, I want to keep City Hall as a place for us to really deal with business that we want to take care of for residents. We have to respect those views that also don't believe in the flag for whatever their reason is, so my thought is if we fly the flag, it's a bit of a slap in the face because we are basically saying we don't care about their views. I think it is important to have the American flag, our state flag, and city flag flown, because those are all something that we as a city can truly embrace. I also agree with Council Member Dang that I don't want to bring any controversy or complexity into the city; I just want to focus on providing services to the residents. I don't want the city to get into the politics or religions. Rosemead City Council Regular Meeting Minutes of July 11, 2013 Page 20 of 29 There is a good portion of residents that don't support this, then I feel like we need to respect that. Council Member Armenta wanted to clarify as to what flags should be flown. I believe in either 2009 or 2010, we voted to allow the Vietnam heritage flag to fly; noting the only person on the dais now that was not on City Council then was Council Member Dang. So, we're here because we've already opened that Pandora's box and allowed another flag to be flown adjacent to the American flag and California flag. Asked are we saying now that we're going to go back and not allow the Vietnam heritage flag from flying because we need to be consistent. If the take was from the very beginning exactly what Council Members Dang and Low said as to the reasoning to not fly a certain flag, then what are the implications on the Vietnam heritage flag. I would like some clarification if we are going to go back and tell the refugees from Vietnam that fought against communism that we're no longer going to fly that flag as well? Mayor Ly thanked Council Member Armenta for bringing that up. Stated I would also like to remind my colleagues that at the Memorial Day ceremony we actually fly the lost soldier flag that day as well. So, we do have a history of flying other flags and trying our best to be as inclusive possible. It's why when we do our Christmas celebration and we do our tree lighting, we all say Merry Christmas. I don't think there's a colleague here that doesn't say Merry Christmas to the community. Does that mean somehow, we are against the atheists and the agnostics in our community? No. We say that because we want to be respectful. Every year we have events and recreation activities on Easter for our community, for our kids. Again, is that an affront to our atheists and our agnostic community? I don't think so. I think City of Rosemead acknowledging whether it's majority or minority member of the community that we have people of different cultures, of different backgrounds, that live in this great and wonderful city and they deserve a voice, to feel included and feel safe. I think there is room for us to fly the pride flag for one day during pride month, while also having a tree lighting and say Merry Christmas as well as having an Easter celebration. It matters to me when I see the Vietnamese heritage flag flown in April, representing Black April, representing the choices my parents and my grandparents had to make in terms of coming to America. The City of Rosemead does this to acknowledge that a large part of our community, myself included, represent the third generation to have fled from communism. Much like how important it is for me to see that lost soldier flag on Memorial Day to know that my brothers and sisters in arms that mattered to them because it represents that not all soldiers lost are yet found. Shared that he heard a speech when he was in high school, before he ever joined the Army, that really inspired him as it was truly in many ways a reflection of what America is and those who sacrifice on behalf of America for what we give for that. Read the following passage by Former Senator Zell Miller, "Never in the history of the world has any soldier sacrificed more for the freedom and liberty of total strangers than the American soldier. And our soldiers don't give freedom abroad, they preserve it for us here at home. For it has been said so truthfully that it is the soldier, not the reporter, who has given us freedom of press. It is the soldier, not the poet, who has given us the freedom of speech. It is the soldier, not the agitator, who has Rosemead City Council Regular Meeting Minutes of July ll, 2023 Page 21 of 29 given us the freedom to protest. It is the soldier who salutes the flag, serves beneath the flag, whose coffin is draped by the flag, who gives that protester the freedom that he uses to abuse and burn that flag." That is the beauty of living in America that we can have a conversation, and I can say I don't necessarily agree with you, but I recognize that you exist, your community exists, and your rights within that community. I think Ms. Armenta brings up a great and solid point of the moment we decided to fly the lost soldier flag, the Vietnamese heritage flag, and the moment we decided to have our Christmas tree lighting ceremony, our Easter celebrations, the moment we decided to do a lot of these things to represent different parts of our community, this "Pandora's box" was open. The reason why I brought this up was because of another Pandora's box we put in resolution that the City of Rosemead recognizes the month of June as Pride Month and recognizes our community members who live here who believe that flag represents who they are as people. If we truly want to live and abide by that resolution, then we need to honor that too. That flag is that symbol of that honor. I'm not asking for the whole month of June, I'm asking for one day to fly the pride flag to acknowledge what that flag represents to those community members. Much like how on Black April the last week of April, I see the Vietnamese heritage flag next to the American flag, and it brings me a certain joy to know that the sacrifice of my parents was not in vain, that it mattered and meant something. The Council can obviously do what it wishes; opined this is an emotionally charged issue because it speaks to who we are as our identity and I fully acknowledge that. I know that for a lot of our Christian and Catholic brothers and sisters here, this is a tough issue and much like it is on the hand for the LGBTQ community. Council Member Low hit the nail on the head that this is a tough issue, but when we opened Pandora's box not with the flag, but with the resolution. In my opinion we need to honor it; otherwise, we're just talking the talk and not walking the walk, and, in that case, we should withdraw the resolution because we're not truly committed to that issue. Mayor Pro Tem Clark commented on the issue of Pride Month, as you know, I did not sign the resolution because of the fact I think we need to do things that everyone agrees on. You've often said you want the Council to agree 5-0 and it was not on that item. Repeated her earlier question — What about the Native Americans, they were abused in our country. Are we going to do that for them? Noted I have a great grandbaby that I love to pieces who is Native American. We have to draw the line on things like that; I said our resolutions should kind of be no brainers, such as donating blood or your organs, emergency preparedness month, etc. To be honest with you, yes I voted to fly the Vietnamese heritage flag, but I did have this feeling like, where are we going to draw the line? That was kind of a no brainer because they were abused by and fought against the communist system, and we stood up with them; opined we may have to revisit that if that's an issue. Asserted that Christmas and Easter are national holidays whether you like it or not, so it's not exactly the same thing. Council Member Armenta stated this is by no means an attack on what anybody is saying. I know that I'm bringing a lot of facts after Mayor Pro Tem Clark speaks, but Christmas and Easter is not a national holiday. Also, if you felt this strong about not flying the Vietnamese heritage flag, then you would have said something before. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 22 o(29 Going back to that you felt compelled in flying the Vietnamese heritage flag is because they were prosecuted and attacked. Do you know how many LGBTQ people, children, and families are attacked? I do not have the statistics in front of me, but I could tell you from being in the classroom for 21 years, many of the LGBTQ children that did not feel supported and did not have a safe have, committed suicide. I could tell you in working with LGBTQ students, they that have do not have outlet other than suicide. So, if we're going to be putting criteria as to why we should be flying certain flags, then let's be honest and know that many LGBTQ people are prosecuted. Their lives are in danger as they are battered just when they're walking down the street. How many have been killed because someone thought they were LGBTQ+. So, let's take that into consideration as well. I don't want to belabor this. I'm not here to change anybody's mind or to say that your view of your religion is wrong. I know the God that I pray to accepts everybody. Reiterated I'm not here to change your beliefs, but we need to be consistent. If the reason Mayor Pro Tem Clark, you chose to move forward and vote yes, every single time that item comes up to the Council, because they fought against communism or people were being treated a certain way. Opined nobody else has been prosecuted as much as LGBTQ+. Another thing too, let me remind this Council that we all were given the list of proclamations, and everyone had the opportunity to add other proclamations for whichever month. Again, I'm not here to attack people. I'm just here to clarify what people are saying on the dais. Mayor Pro Tem Clark reiterated on the issue with the Vietnamese flag, I did wonder if we were crossing the line. Clarified with proclamations, that was my point that we need to do things that are not controversial, otherwise we will be recognizing every possible group that has been abused. Mayor Pro Tem Clark made a motion that we only fly the American flag, the California flag, and Rosemead's flag. Council Member Armenta asked if it is proper to vote on that now or to bring it back on a future agenda because I thought tonight's discussion was only about the pride flag. City Attorney Richman responded the agenda item was talking about whether to display the pride flag and I think an outcome of that could be no, we only want to fly these flags. Mayor Ly asked the City Attorney for clarification, this is an allowable motion. City Attorney Richman answered yes. Council Member Low inquired about flying military flags. Mayor Ly replied that Mayor Pro Tem Clark can amend her motion if she'd like to include that. Rosemead City Council Regular Meeting Minutes ofJuly 11, 2023 Page 23 of29 Mayor Pro Tem Clark amended her motion that we only fly the American flag, the California flag, Rosemead's flag, and military flags. Mayor Ly asked if there was second to the motion on the floor. Council Member Dang seconded that motion. City Attorney Richman suggested if Council is going to do more than just governmental flags (the American flag, California flag and the city flag), then you should have a policy to avoid law issues as Council Member Dang mentioned earlier. So, if that happens to be the direction you're going to take, I recommend coming back with a resolution that indicates we, the Council want to make clear that we put flags on our poles and this is our limited public forum speech. Mayor Ly asked why we don't have that in place if we are flying the lost soldier flag and by minute action by resolution, we fly the Vietnamese heritage flag? City Attorney Richman responded given the recent case law from the City of Boston case, it's my legal advice that it puts the city in the best position to avoid having someone come in and say, "why aren't you flying my flag and you're discriminating against my First Amendment rights". Emphasized, we want to make it clear that this isn't about private citizen speech, this is our speech. I think it's an important cleanup that I would recommend; noting it would be the same recommendation if we decided to fly the pride flag. Mayor Pro Tem Clark inquired if the City Attorney is saying it is better to not include the direction to fly military flags in my motion. City Attorney Richman replied it's not a matter of it being better if that's the motion. Asserted I would like to come back with a resolution indicating that those are the three flags plus you're adding additional flags. Because we want to make it clear that this is the speech of the city government and that we want those flags flown. You want to be prepared in case someone potentially comes up and says, "I want an anti - military flag flown". Council Member Low asked are you saying part of Mayor Pro Tem Clark's motion should include coming back with a resolution. City Attorney Richman stated my recommendation is to come back with a resolution as part of the direction given to staff. Mayor Pro Tem Clark inquired if we still have to come back with a resolution if we limited the flags flown to the three flags. City Attorney Richman stated it sounds like we have already been flying other flags on the city poles. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 24 q(29 Mayor Ly confirmed we already fly two other flags on our poles. City Attorney Richman responded since we fly other flags already, we should have a policy that makes clear that this is an expression of the city opinion and speech. So, we're not in the same situation as the City of Boston or other cases where folks come requesting their flag be flown. If that happens, our response is we have not opened up our flagpoles for any additional speech as Council decides what flags are flown as part of our government speech and ensure those flags are consistent with our policy. Council Member Armenta suggested proceeding with the motion of the three flags now. Tonight's discussion was just on the pride flag, so I feel a little uncomfortable discussing which flags should fly when it was not agendized. Then at a future Council meeting, we can agendize the discussion to determine what type of flags we're flying and have the City Attorney clean up the language. Mayor Ly opined we should not hamstring the Council on what flags to fly, unless the Council today is going to say, let's stop flying the lost soldier flag on Memorial Day, as well as the Vietnamese heritage flag. I doubt that will be the case since it's not agendized for discussion. I think the motion tonight should just be to direct staff to create a policy on flying flags. City Attorney Richman commented it is common for cities to have a straightforward policy that indicates if Council knows what flags they want to add when the policy is created to do so or they can always add them later once determined. Mayor Ly asked when future items like this is brought forward for the City Attorney to include legal analysis ahead of time to have it available for discussion. Mayor Pro Tem Clark reiterated my question is can we do the motion for the three flags now. Mayor Ly responded you're automatically cutting flying the lost soldier flag and Vietnamese heritage flag if you vote on that tonight. Mayor Pro Tem Clark suggested bringing those back after the policy is prepared. Mayor Ly expressed that he is not comfortable saying we are not flying those flags even for a short period of time. We can vote on it, but I would not feel comfortable especially after having so many veterans here tonight, I'm not willing to say, "I don't care about lost soldiers". Mayor Pro Tem Clark agreed she would not want to say that either, but she does not want to bring the whole item back to have to redo this discussion, either. Council Member Armenta suggested to vote on whether we're flying the pride flag and provide direction for future discussion regarding what flags will be flown at city facilities. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 25 of29 Mayor Ly made a substitute motion that the City of Rosemead will fly the pride flag for one day during Pride month in June and to instruct staff to come back with a policy that's consistent with Council philosophy on flying flags. Council Member Armenta seconded Mayor Ly's substitute motion. ACTION: Moved by Mayor Ly and seconded by Council Member Armenta that the City of Rosemead will fly the pride flag for one day during Pride month in June and to instruct staff to come back with a policy that's consistent with Council philosophy on flying flags. The motion on the floor failed by the following vote AYES: Armenta and Ly NOES: Clark, Dang, and Low Mayor Ly advised since my substitute motion failed; we automatically will default to vote on Mayor Pro Tem Clark's motion. Advised that the standing motion on the floor is that we only fly the American, California, Rosemead, and U.S. military flags. Council Member Low asked if she could make a friendly amendment to ask staff to bring back a resolution with a policy for flying flags. City Attorney Richman affirmed that would be okay, basically codifying that specific motion with a friendly amendment. Mayor Ly repeated the motion by Mayor Pro Tem Clark, seconded by Council Member Dang is to direct staff to come back with a resolution codifying Council action tonight which would only fly the American, California, Rosemead and U.S. military flags. Council Member Low asked if a military flag includes the lost soldier flag. Mayor Ly responded no, the lost soldier flag is not a military flag. It's a flag of symbolism, like the way the Vietnamese heritage flag is not a military flag. Explained a military flag would be the U.S. Army, U.S. Navy, U.S. Marine Corps, U.S. Air Force, U.S. Coast Guard, and the U.S. Space Force. Mayor Ly stated hearing no further discussion, let's vote. ACTION: Moved by Mayor Pro Tem Clark and seconded by Council Member Dang to direct staff to come back with a resolution codifying Council action tonight which would only fly the American, California, Rosemead and U.S. military flags. The motion passed by the following vote AYES: Armenta, Clark, Dang, and Low NOES: Ly Mayor Ly noted for the record the reason why I voted no is because I believe that we should continue to fly the Vietnamese heritage flag and the lost soldier flag; opined if we're going to put out a resolution, we should live by that resolution. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 26 q(29 D. Discussion Regarding CalMatters Article Relating to Homelessness Mayor Ly requested that the City Council discuss the July 3, 2023, article from CalMatters entitled, A California city was making a difference on homelessness. Then the money ran out, and other related items regarding homelessness. Recommendation: That the City Council discuss and provide direction. Mayor Ly stated that Item 6D was accidentally placed on the Council agenda, but it was meant for the Homelessness Subcommittee agenda. He opined it's a great article and encouraged his colleagues to read it. E. Mayor's Appointments for 2023-2024 Each year, a listing of City Council Member appointments to a variety of Regional and State committees and boards is prepared and submitted to the Mayor. The City Council and Mayor will discuss and consider appointments for FY 2023-2024. Once the appointments have been made, the City Clerk's Office will prepare the Agency Report of Public Official Appointments Form 806, as required by the Fair Political Practices Commission (FPPC), file the form with the FPPC, and post it on the City's website. Recommendation: That the City Council discuss, appoint, and approve the Mayor's Appointments for FY 2023-2024 and direct the City Clerk to prepare and file FPPC Form 806. Mayor Ly stated it is his understanding that none of his colleagues had a chance to submit their recommendations for appointments by the publishing of this agenda. Presented his recommendations with a couple of changes from last year's appointments. Noted the following changes: • The San Gabriel Valley Council of Governments — Mayor Ly as delegate and Mayor Pro Tem Clark as the alternate delegate. • The Commercial Task Force - Recommending Council Members Armenta and Dang, opined this would allow a fresh voice from Mr. Dang and the continued voice of experience on that Committee from Ms. Armenta. Mayor Pro Tem Clark provided a list to the Council with her recommendations. Asked if she could be the Delegate of the SGV Council of Governments, indicating if I am not the Delegate, then it would kick me off the Rivers and Mountains Conservancy; pointed out when that committee was formed, the bill states it has to be the delegate. Mrs. Clark assured Mayor Ly that he could receive the stipend and that she would not go to any of the meetings that he was able to go to. Reiterated that she is only interested in the title as Delegate to continue serving on the Rivers and Mountains Conservancy as it is her favorite committee since we take money and donate it, noting we have even gotten money for Jay Imperial Park. Mayor Ly said to clarify, we're returning to the gentleman's agreement we had years Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 27 q(29 ago when this got brought up, that basically you'll be the Delegate but I will be the voting member for the most part. Mayor Pro Tem Clark affirmed absolutely. Mayor Ly commented if you're okay with that, and my colleagues are okay with that as, well, then I'm okay with that. Pointed out that technically the term for Ms. Armenta on the San Gabriel Valley Mosquito and Vector Control District expires at the end of this year in 2023. In lieu of us coming back in December of 2023, I would like to recommend renewing Ms. Armenta's term for another two years on that committee once it expires in December. Mayor Pro Tem Clark wanted to confirm that the Mayor was okay with her serving as the alternate to the Sanitation District. Mayor Ly confirmed yes, it's tradition that we've always had the Mayor and the Mayor Pro Tem as Delegate and Alternate Delegate, so it gives the Mayor Pro Tem an opportunity as well. Mayor Pro Tem Clark asked who is appointed to the Contract Cities Association. Mayor Ly replied my recommendation was Council Member Armenta. Council Member Low expressed that she is kind of interested in serving on the Commercial Task Force; so, I was wondering if Council Member Amenta is really interested or would not mind if I take that one from her. Council Member Armenta responded she does not mind if Council Member Low would like to take the Commercial Task Force off her hands; stating I know that Ms. Low was part of the Garvey Avenue Master Plan, so she will have new ideas for us. Mayor Ly read the appointments, including the changes discussed tonight: • CA Contract Cities — Council Member Armenta • Sanitation District — Mayor Ly as the Delegate, and Mayor Pro Tem Clark as the Alternate. • League of CA Cities — Mayor Pro Tem Clark as the Delegate and Council Member Low as the Alternate. • City Selection — Mayor Ly as the Delegate, and Mayor Pro Tem Clark as the Alternate. • The Council of Governments — Mayor Pro Tem Clark as the Delegate and Mayor Ly as the alternate, emphasizing the standing agreement. • The San Gabriel Valley Mosquito and Vector Control District — Council Member Armenta will be reappointed for another two-year term. • SCAG — Mayor Pro Tem Clark as the voting member. • JPIA — Council Member Dang will be the Delegate and Council Member Armenta will be the Alternate. • Commercial Task Force will reflect Council Members Dang and Low. Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 28 q(29 ACTION: Moved by Mayor Pro Tem Clark and seconded by Council Member Dang to approve the Mayor's Appointments for FY 2023-2024 and direct the City Clerk to prepare and file FPPC Form 806. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None F. Council Comments Council Member Armenta thanked Director of Parks and Recreation Boecking, his staff, the Public Works Team for making sure that the Fourth of July parade and all the other activities taking place at the park were great. She gave a shoutout to City Clerk Hernandez and Deputy City Clerk Haworth for going out and conducting surveys with residents to gather feedback on the possible election being held in November. Lastly, I would like to thank our City Manager Ben Kim for his leadership. Council Member Dang echoed Council Member Armenta's sentiment that the 4th of July parade and celebration was a really wonderful event; thanked Director of Parks and Recreation Boecking for the concert in the park, the carnival, and the parade. Council Member Low gave a heartfelt thank you to all the staff that were involved in the July 4th parade. Great job just like every single year! Mayor Pro Tem Clark said ditto to her colleagues' thanks to staff for the July 4,' Parade and celebration. Mayor Ly thanked his colleagues for bearing with him during tonight's long meeting. Stated the Fourth of July was wonderfully done; gave kudos to Director of Parks and Recreation Boecking as he in many ways is the Chairman of that event with the supporting orchestra of the host staff. Commented it is the most important event we have for the whole year. I think it shows you that in a conversation about different groups, cultures and community members, etc., that we spend our most resources on a day that celebrates the independence of the country and the flag that we fly on that one. 7. ADJOURNMENT Mayor Ly adjourned the meeting at 11:24 p.m. The next City Council meeting_y iil..akcvlace on July 25, 2023, at 7:00 p.m. in the Rosemead City Hall Council Chamber-: _- Ericka Hernandez, City Clerk- APPROVED: lerk APPROVED: Margaret Clark, Mayor Rosemead City Council Regular Meeting Minutes of July 11, 2023 Page 29 of 29