CC - Minutes - 06-19-18 SpecialMINUTES OF THE CITY ('10 UNCII.,
HOUSING DEVELOPMENTCORPORATION,
AND THE SUCCESSOR AGENCY 'FO TIJE ROSEMEAD
COMMUNITY DEVELOPMENTCOMMISSION
SPECIAL JOC INT MEETING
.)UNE 19,2018
The special ineeting of the Rosemead City Council, Housing Development Corporation, and the
Successor Agency to the Rosemead Connnunity Development Con-u-nission Special Joint Meeting
was called to order by Mayor Ly, at 6:02 p.m., In the Rosemead City COLHICi I Charriber located at
8838 East ValICYBOUlevard, Rosemead, California.
PRESENT: Mayor/Chair Ly (via teleconference), Mayor Pro Tem/Vice Chair Clark, Council
Members/Board Members Armenta and Low
"Teleconference Location:
Quality Inn I lotel — Ft, Leonard Wood
114 Vickie Lynn Lane
Saint, Robert, N40 65584
ABSENT: Council Member/Board Member Alarcon
STAFF PRESENT: City Manager Molleda, Assistant City Manager TSU.jiUchi, City Attorney
ww" Richman, Chief of' Police Hahn1ein, Director of Finance Lieu, Director of Community
Development Kim, City Engineer Fajardo, Interim Director of'Parks and Recreation Yugar, and
City Clerk I lerriandez
L CI..,OSED SESSION
A. CONFERENCE 'I'I'I I LEGAL COUNSE [, - - F 'XISTING LH]GATION
PUrsuant to Government Code Section 54956,9 (d)(1)
( I
,ase Name.- Chacon v. Rosemead et at, LASC: BC 706941
Mayor Pro Tein Clark requested the Closed Session meeting be held at the end of the
Special Joint meeting.
Mayor Ly received no ob ' jections from the rest ofCouncil; stated the City COUTICil Will
recess to Closed Session irm,nediately following the Special Joint Meet ingand that the City
Attorney will provide any reporuible action taken at that time.
PLEDGE OF ALLEGIANCE was led 'ley Member Armenta
INVOCATION was led by, Mayor Pro fern Clark
Rosemead Cil'y Council, Housing DeveloPment (,'orp oration,
and Successor Agency to the Rosernead C'mninnnitY
Development (,'onmniNsion Special and Regular Joint Afeeling
Minutes (?fJune 19, 0t 18
NIO I oj'l /
2. PUBLIC COMMENT
Mayor Ly opened the Public Comment period.
LeNvin expressed concern that at a recent Traffic Commission
meeting, Conirnissioner QUintanilla indicated there was a proposal or plan of some
sort to close the Temple City Boulevard on-ranip, to the 10 freeway.
Mayor Pro Tern Clark inqUired it' it was noted whether this pro pc sal was only
temporary or permanent.
City Manager Molleda interjected,, noted this was the first she had heard of this
matter; asserted there is no such plan.
Council Member Armenta indicated the City does not own that on-ramp, and that
the jurisdiction belongs to the California Department of Transportation.
There being no other comments. Mayor Ly closed the Public Comment period.
3. PRESENTATIONS
A. Rosemead Queen Presentation
Interim, Director of Parks and Recreation Yugar thanked Recreation Coordinator
Galindo and Recereation header I Melinda fbr their efforts in the selection process
of the Rosernead Queen; recognized Caila Trinh for her service as the 2017-18
Rosemead Queen and announced Alexandra Navarro as the 2018-19 Rosemead
Queen.
4. PUBLI('"EAR,INGS
A. Public Hearing on Short -Terra Rental of'Residential I fornes and Boarding I -louses
-- Municipal Code Amendment .18-02
m
Recomendation: That the City Council take the Hallowing actions:
......... . .
1. Conduct a public hearing and receive public testimony; and
2. Introduce for first reading, by, title only, Ordinance No. 980 approving
Municipal Code Amendment 18-012.
I
AN ORDINANCE' OFTHE CITY COUNCIL OF: THE CITY OF
ROSEMEAD, CIALII''ORNIA AMEINDING "I'l, ITE 17 (ZONING)
Of, 'ITIE ROSI"MEAD MLJNK I IPAL CODE REGARDING
SHORT TERM Rl."INTAL OF RESIDENTIAL HOMFS AND
BOARDING HOUSI�,',S
Rosemead City Council, Housing Developnient Corporalion,
and Successor 21gre,ac:9' to the Rosemead Coinniunitiv
Development (,o)nmission Special and Regular Joint Meeting
Minutes of.lune 19, 2018
Page 2 qf I I
Director of Community Development Kim stated the Zoning Code (Title 17) of the
Rosemead Municipal Code carries out the policies of the Rosemead General Plan
by classifying and regulating uses of land and structures within the City; however,
the Zoning Code is silent on short-term rental of residential homes and boarding
houses, and as such the uses are not currently regulated for land use. Ile indicated
the proposed Municipal Code Amendment 18-02 would amend the Zoning Code
by adding definitions for "Boarding house or rooming house" and "Short-terin
rental," and prohibit boarding/rooming house and short-term rental of residential
homes in the residential zones (R-1, R-2, and R-3). The proposed Code Amendment
would not affect residential rental (e.g., home, duplex, triplex, apartments, etc.)
with a lease or rental agreernent that is not short-term.
Mayor Ly opened the Public Comment period.
Speaker Brian Lewin indicated support for the proposed Ordinance No. 980 to
approve Municipal Code Amendment 18-02, Mr. Lewin suggested adding the
following underlined verbiage to the definition of a "boarding house or rooming
house means a dwelling unit where sleeping or non-sleeping..rooms , garage space
or portions thereof are rented for lodgin,, uMoses to individuals with two or more
separate rental agreements or leases, either written or oral or implied, whether or
not an owner, agent or rental manager is in residence..." 1 -le opined this would
make the language all inclusive, covering accessory structures, garages, etc., and
avoid potentially prohibiting rental or leasing for storage or other non -lodging
purposes.
There being no other comments, Mayor Ly closed the Public Comment period.
Council Member Armenta stated it was her understanding even if there are no
structural modifications to a garage, a garage cannot be a living space. In addition,
in the event, it is turned into a living space, it is still considered a converted garage.
In response to Council Member Arnienta, Director Of Community' Development
Kim confirmed a garage is an unhabitable space.
Council Member Low opined the language is not necessary since garages are not
supposed to be a habitable space.
Council Member Armenta noted garages are only supposed to be housing cars; if
you are to put shelves, they must be placed high enough to where a car can still fit,
Mayor ProTem Clark inquired what the downside would be in adding the language;
stated the language would expand on the protection.
Director of Community Development Kim indicated the language would add more
confusion; reiterated the Planning Commission's consensus on the Building Code's
definition that a garage cannot be habitable in the first place.
Roseinead its Council, Housing Development Corporation,
and Successor Agenqy to the Roseinead Corwnunii.y
Developineni ConifnissionSpecial and Regular Joint Meeting
Minutes q1'June 19, 2018
Page .3q 1 I
Council Member Low concurred, further stating this language would give the
impression that a garage can be a living space.
ACTION: Moved by Council Member An-nenta and seconded by Council Member
Low to take the fallowing actions:
I , Conducted a public hearing and received public testimony; and
2. Introduced for first reading, by title only, Ordinance No. 980 approving
Municipal Code Amendment 18-02.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, (-,'ALIFORNIA AMENDING TITLE 17 (ZONING)
OF THE ROSEMEAD MUNICIPAL CODE REGARDING
SHORT TERM RENTAL OF RESIDENTIAL HOMES AND
BOARDING HOUSES
Motion was, carried out by the following vote AYES: Armenta, Clark, Low, Ly
ABSENT: Alarcon
5, CONSENT CALENDAR
ACTION: Moved by Council Member I,ow and seconded by Council Member Armenta
to approve Consent Calendar Items A, B,, C, D, E, and F. Motion was carried out by the
following vote AYES: Armenia, Clark, Low, Ly ABSENT: Alarcon
A. Claims and Demands
0 Resolution No. 2018-34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$648,701.22 NUMBERED 100054 THROUGH
NUMBER 100183 INCLUSIVELY
Recommendation: Adopt Resolution No. 2018-34.
Resolution No. 2018-09 SA
A R+,SOLUTION Ol" THE CITY OF ROSEMEAD AS THE
SUCCESSOR AGENCY TO THE' ROSEMEAD COMMUNITY
DEVELOPMENTCOMMISSION OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM
OF $98.40 NUMBERED 10243 INCLUSIVELY
Recommendation: Adopt Resolution No, 2,0181-09 SA.
Rosemead ( ' ' C
in7 ouncil, Housing DeivlopmenC
t orporation,
crud Successor Agency to Me Rosemead Coinnntnity
Developinent Commission Special and Regular Joint Meeting
Minutes qf,hine 19, 2018
Page 4 (?f 11
B. Sidewalk Gap Closure Project (Delta Avenue frorn Mission Drive to Wells Street)
Award of"Contract for Design Engineering
Recornrnendation'Fhat the City Council aUthorize the City Manager to enter into
a contract with CFJ Erigineers, Inc., in the arnount of $38,380 for design
eng1neering services. In addition, authorize an amount of'$4,000 (approximately
I W/o) as, a contingency to cover the cost ofuntbreseen expenses.
C. I-JOME Investment Partnerships Funds Commitment Agreement Between the City
of Rosernead and The Rosemead Housing Development Corporation for the
Implementation of ("ertain Home Funded Programs
Recommendation: That the Cit)'COLmcil and the Rosernead I lousing Development
Corporation take the following actions:
I , Approve a I IOME Funds Corrimitment Agreement between the City
Council and the RlIDC for the implementation of the City's Owner -
Occupied Rehabilitation Loan Program in the arnount of' $578,628
(approximately,) and Mortgage Assistance Program in the amount of'
$190,000,;
2, Authorize the Mayor to execute the contract on behalf of the City; and
3. Authorize the President to execute the contract on behall"ofthe RI -IDC,
D. School Resource Officer Program Funding
Reconimendat'on: That the City Council approve the agreement with the El Monte
,2i dation
lJnion High School District for assistance in funding the School Resource Officer
position in the amount of $102,30O
E. Retroactive Payments for Changes in FLSA Regulations
Recommendation: That the City Council take the following actions:
I . Make back payments to impacted employees f'rorn July, 1, 2014 to current; and
2, Approve Resolution No. 2018-35 approving the appropriation from the
Unassigned General Fund Balance of $40,000 for retroactive payments to
employees for changes in FLSA regulations:
A RESOLUTION OF' THE CITY COLJNCIL OF TFIF CITY OF
ROSEMMAD, CAI-IFORNIA, APPROVING AN
I
APPROPRIATION OF $40,000 FOR RE"FROACTIVE
PAYMI"NTS OFOVERTIM11 FO FAIPLOYEES FORC[ IANGES
IN FLSA Rl,GULATIONS
Roseinead C'ffy Couned, Housing Developmeni C'orporation,
Wid SlWce,s,sor Agency le.,) dw Rosemead (wninum . 1Y,
De velopmeni Commi . ssl . on,S,peCial and Regmlar doini Aleefing
Minutes (.?I June 19, 2(118
perge j I 1
I
F'. Annual Crossing Guard ( , ost Sharing Agreements with the School District
Recommendation: 1"hat the City Council authorize the City Manager to execute the
cost sharing agreements with Rosemead School District and the Garvey School
I)istrict in funding the crossing guard services tear the 2018-19 Fiscal Year.
6. MATTERS FROM CITY MANAGER & °T' F"T
A. LASD Annual Service Level Authorization
Recommendation: "I"hat the City Council approve the Service Level Authorization
Forms with the Los Angeles County Shcrift's Department for police services and
authorize the City Manager to sign any necessary documentation.
City Manager Molleda stated the City contracts with the Los Angeles County
Sheriff's Department for Police services. Each year the City must re -authorize the
Set -vice Level Authorization for the deployment contracted by the City, The
enclosed 2018-2019 Service Level Authorization maintains the existing service
levels of l.2 56 -hour patrol shiRs, 7 special assignment Deputies, 2 motor Deputies,
a Sergeant and a Lieutenant. It should be noted that the Lieutenant position. is licit
listed on the authorization Ibrm as the position is not directly billed to the City as
an iternized cost. The estimated coasts include a 3% increase in cost, plus an increase
in the liability "l Fund from 10% to 1O 5%.
Mayor Ly opened Public Clornment. There being no comments, Mayor Ly closed
Public Conn-nent.
ACTJONMoved by Council Member Low and seconded by Council Member
Arinenta to approve the Service I..,evel Authorization Forms with the! Los Angeles
County Sheriff's Department tier police services and authorize the City Manager to
sign any necessary dOCLItnentation. Motion was carried out by the following vote
AVES: Armen ta, Clark, Low, Ly ABSENT: Alarcon
B. I...os Angeles (,',OLlllty Probation Department Annual Contract Renewal — Los
Angeles County Sherit"I"s Depan,ment (STAR) Program
Recommendatiow That the City Council authorize the City Manager to take the
following actions:
L 11 Hxecute the Los Angeles County Probation Department Agreement with the
understanding that the Agreement could be terminated with. 30 days written
notice;
2. Direct staff to work with the STAR program representatives to determine an
effective program within a determined approximate amount or range; and
1 Direct staff to bring back a formal agreement for the STAR program reflecting
an agreed upon curriculum and within the approximate amount or range.
Rosemead (''it'v
v (Anno
ied, Husing Developtnent Corporation,
and SuceessorAgency to the Rosenieud Cointn uniti,
Developinew arul /regular .boat Meeting
114himles sol dune 19, 2018
Page 6 of I I
Assistant City Manager T'SajiUchi noted there are two separate items for the City
Council's consideration, the first being the annual contract renewal of the
Los Angeles County, Probation Department and the second is the County Sheriff's
Department STAR. Program,
Mr. Tsu.jiuchi stated the City currently contracts with the Los Angeles County
Probation Department lor one Deputy Probation Officer (DPO), The DPO's main
duties are juvenile prevention and intervention programs. He noted a correction,
that the DPO works part tirne ('20-25 hours) with Rosemead youth who have been
identified as at -risk or arrested for mirior criminal offenses.
Assistant City Manager TSUjiUchi noted the City had contracted in previous years
with the Los Angeles County Sheriff's Department's to provide the Success
Through Awareness & Resistance (STAR) program. 'Fire unit is comprised of
Deputy Sheriffs who provide drug, gang, and violence prevention education to
students.
Council Member Low expressed interest in receiving separate presentations trorn
the Los Angeles County Sheriff's Departnient regarding both iterns.
Deputy Oscar Gutierrez provided an overview of' his responsibilities as the
City's Deputy Probation Officer; noted lie works closely with the schools, juveniles
and their families to implement a variety of' programs and services to assist ill
correcting their behavior. "I'he DPO position has been a part of the ity's effort and
,strategy in providing overall public safety,
Deputy Gutierrez stated there are currently 13 students on contract, most are
referred to by their schools (Garvey, Muscatel, or Temple, Immediate School);
noted each student is seen on a monthly basis for one school year; explained this is
a voluntary program, so once the one-year contract has ended, there is no legal
binding and it is, the parents' decision whether to renew their child's contract.
In response to Council Member Low's inquiry, Deputy Gutierrez indicated these
juveniles may have problems ranging from school performance and attendance to
vandalism, theft, drug arrests, and possible gang involvement.
In response to OUTICII Member Armenta, Deputy Gutierrez affirmed that none of
the youth have been incarcerated.
Council Member Arnienta raised the question, does the Deputy Probation Officer
have the sarne responsibilities as the School RCSOLjrce Officer?
I
Deputy Jim Farley, who previously served as the City's School Resource Officer
(SRO), noted the SRO provides law enforcement presence at the schools, also
identifies any safety concerns on campus, as well as assisting, in the development
of a school safety plan. He acknowledged both positions work closely with the
Rosemead CitY Council, Housing Development (1,01-poration,
and .SucceMssor' ,,tge'noc to the Rosemead CopnmimilY
Developmem Commission Special and Regular d0itit Meeting
Minutes qfdurw 19, 2018
Page 7 qf I I
schools to address issues such as cyber bullying, graffiti and gang intelligence,
threat assessments (whether threats from individual students against themselves or
to the school); indicated Deputy Gutierrez serves an invaluable source as he has
gained the trust of` students and their families from serving the Rosemead
community for the past 13 years.
Council Member Armenta expressed support for the position of an SRO, opining
then- daily presence on the school campuses has proven to create a positive
relationship between law enforcement and the youth; noting the prograrn has
become all integral part in building safer schools and communities.
In response to Council Member Low, Deputy Gutierrez stated when the student is
confronted with all issue, they are put on notice and we educate the parents by trying
to provide resources to help steer them on the right path, He opined the difficult
part is trying to make the arrest and prosecute, which is where the school
personnel's help to correlate and build the case is needed.
In regards to determining, which students are involved in graffiti, Deputy Gutierrez
,noted on average five children's notebooks have the same tagging that are seen on
the streets.
("ouncil Member Annerna noted the City has an ordinance regarding graffiti, so the
SR,Os can advise tile students that their actions will have a consequence on their
parents, wallets.
In response to Council inquiry, Deputy Gutierrez stated there are currently 13 at -
risk youth-, 5 non -court (3 non -Rosemead residents)-, and 24 youth oil probation,
Council Member Armenta urged that we ensure the City is only paying the bill for
Rosemead residents riot South San Gabriel residents who also live in the "91770'
zip code.
Council Member I,ow inquired if it is common for cities, to have a contract for a
Probationary Officer.
Deputy Gutierrez indicated other cities such Duatte and Burbank have a contract
for a Probationary Officer.
( I
.0UTICiI Member Armenta reiterated so only one of the Sari Gabriel Valley cities
contracts for the position.
Lieutenant Joe Vicarsio and Deputy Cesar Romero made a presentation about the
STAR Program, stated the program provides as structured curriculum consisting of
a number of classes, and lessons agreed upon.
Rosemead CWY, ("ouncil, Housing Development Corporation,
arid Successtar Agency to the Rosemead Confalunify
Development C'otmnt mi onSpi ecial and Regulerr Afint Meeting
Alinules qfdune 11), 2018
Page 8' of I I
In response to Council Meinber Low, Deputy Romero explained the number of'
lessons provided influences the overall price, A sample cost estimate is provided as
a iricasuring tool to compare the number cal" lessons for grade levels based on the
number of schools in both the Rosemead and Garvey School, Districts; stated the
number of' staff assigned from the Sheriffs Department to the Program could be
two or three, depending on the number of lessons selected.
Mayor Ly concurred with Council Member Armenta that it is important the other
cities whose residents/students are benefitting froni this Program also contribute to
the cost.
Council Member 1 -ow opined the City should also look into partnering with the
School District to see if they will share the cost.
City, Manager Molleda affirrned that staff' will reach out to the Cities of El Monte
and Monterey Park, and the respective School Districts to come to a resolution
regarding the cost.
Mayor Ly opined it Would be beneficial and advantageous for the community if the
Public Safety Connections assist with the S`f Program.
Council Member Armenta expressed concern that the City willbe paying $1,02,000
for the S'T'AR program and $87,000 for the Deputy Probationary Officer as the
responsibilities overlap each other; asserted Council needs to ensure we are
allocating funds appropriately,
Council member Low concurred with Council Member Armenia that the SRO,
DP,O, and STAR Prograrn have quite a bit of overlap,
Mayor Ly emphasized the importance of these programs for the students, who are
Our ftiftire; stated the progrwns may cost the City, more money, but it will be worth
it to engage more Youth, especially those at -risk; reminded the Council how they
receive constant complaints, further stressed that if we take away these sorts of
programs, then we are sending the message that we do not care about those 36
children who are at -risk. Ile reminisced on his youth, how many people played an
integral part in steering him on the right path; noting we cannot rely on one program
to assist the youth..
Council Member Antienta inquired how (foes the Cityjustify to residents spending
$O(r () 87, ) for at -risk youth.
Council Member Low inquired if we eliminate the position ofthe DCpUt'N/ Probation
Officer, will the at -risk youth Still have a Probation Officer assigned,
Deputy Gutierrez responded yes the Court will assign a Probation Officer, however
the level of service will diminish.
Rosemead Citi, Council, Housing Developnnwt Corlporafion,
and Successor Agency te.,r the Rosemead Communily
Development Convnilssion Special and Regulardoint Ifeetinx
Minutes (?I'Jidne 19, 2018
Page 9 elfl I
Deputy Gutierrez responded yes the court willassign a Probation Off icer„ however
the level ofservice will diminish.
Mayor Pro Tern Clark asked if this iters could be tabled until staff gathers more
inforniation from the respective cities and schoo�l districts.
City Manager Molleda noted the DPO contract requires a 30 -day notice of
termination, so staff can bring back this item for Council's consideration in 36 days.
Mayor Pro j"'ern Clark refuses to cancel the contract tonight.
Mayor 1,y concurred with Mayor Pro Teni ( -I I ark.
Mayor Pro Tem Clark suggested approving both the I.,os Angeles CoUlltyr Probation
Department Annual tract Renewal and the STAR Program.
City Attorney Richman suggested removing staffs 3'd recommendation and
proceeding with the I" and 2`1 recommendations, then bringing the 3`1
recommendation back at a future meeting,,.
ACTION: Moved by Mayor Pro `Pena Clark and seconded by Mayor I..y to take the
following actions:
1. Execute the 1,os Angeles County Probation Department Agreement with the
understanding that the Agreement could be terminated with 3,0 days, written
notice; and
2. Direct staff` to work with the STAR program representatives to determine all
effective program within a determined approximate amount or range.
Motion was carried out by the following vote AYES: Clark, Ly NOES: Armenta,
Low ABSENT: Alarcon Substitute motion failed.
ACTION: Moved by Council Member I.,ow and seconded by Council Member
Armenta to not continue the L,os Angeles County Probation Department.
Agreerrient. Motion was, carried Out by the following vote AYES: Arnienta, Low
NOES: ("lark, Ly ABSENT: Alarcon Substitute motion failed.
7. MATTERS FROM MAYOR & CITY COUNCIL
A, City Council Comments
Mayor Pro Tem Clark requested to have tonight's City Council Meeting adjourned
in memory of Ernest 1,squivel,
Mayor 1-y affirmed the niectIng will be ad.journed in memory as requested after
Closed Session,
Rosemead ( , I�CHousing i�, ouncil, sing Development C, orporation,
and Successor Agencj, to the Rosemeud (1'onnn wtit.i!
Devehynne tit C()Mnlyl I SIVI 1 01 IS"pecial and Regular,,Joint Mating
Virmles qI'didne 19, 2018
Page 10 of 11
1. CLOSED SESSION
A. CONFERF,NCE WITH LFGAL C(AJNSEL EXISTING LITIGATION
NOW"
Pursuant to Government Code Section 54956.9 (d)(1)
Case Nanle: Chaeon v. Rosemead et a]. LASC: BC 706941
Mayor Pro Tem C(`lased requested the Session meeting be held at the end of '(.he
Special Joint meeting.
City ity Attorney Richman reported there was no repot -table action taken in Closed Session.
S. ADJOURNMENT
Mayor Pro Tem Clark adjourned the special inecting at 7:00 p.m., in mernory off'rilest
F'squivel. The next regular City Counci I meeting is scheduled to be held on ,Duly 10, 2018,
at 7.00 p.m,, in the Rosemead City Hall COUTICil Chamber.
L'Iricka f lernandez, City Clerk
AP1'ROVED
n L,y, Mayor
Rosetnead 01), Councii, 11mising Developmeni C'eWToratiori,
and Stwcessorllgenq it) Me Rosemead Coiivntini�v
Development CoinniissionSpecial al7d Regular Joini Afeeling
Minutes orf dune 19, 2018
Page II "?/'I I