CC - Minutes - 07-23-19MINUTES OF THE CITY COUNCIL
AND HOUSING DEVELOPMENT CORPORATION
REGULAR JOINT MEETING
JULY 23, 2019
The regular joint meeting of the Rosemead City Council and Housing Development Corporation
was called to order by Mayor Clark at 7:49 p.m., in the Rosemead City Council Chamber located
at 8838 East Valley Boulevard, Rosemead, California.
PRESENT: Mayor Clark, Mayor Pro Tem Armenta, Council Members Dang, Low, and Ly
ABSENT: None
STAFF PRESENT: City Manager Molleda, City Attorney Richman, Chief of Police Kusayanagi,
Director of Community Development Kim, Director of Parks and Recreation Boecking, and
City Clerk Hernandez
PLEDGE OF ALLEGIANCE was led by Mayor Clark
INVOCATION was led by Council Member Dang
1. PUBLIC COMMENT
Mayor Clark opened the Public Comment period
Speaker Dolores Weidermann reiterated her concern that the property located at
4542 Halkett Avenue has boxes in the walkway.
Mayor Clark requested staff address Ms. Weidermann's concern.
Director of Community Development Kim affirmed staff is going to the property
daily, and that Code Enforcement staff have sent notices and talked to the
property owner; assured Council that we will keep our efforts on the property.
Speaker Michael Casarez expressed concern that there are homeless living
permanently at city parks; opined it is unsafe for families to walk through the park
as the transients are drinking and smoking; requested Council to enforce the laws
the City has in effort to keep the parks safe for the residents of Rosemead.
Chief of Police Kusayanagi concurred with Mr. Casarez's concerns; stated the
Sheriffs Station and Code Enforcement staff have allocated a lot of resources to
address the homelessness at parks issue on a daily basis; confirmed they will do
their due diligence in continuing their safety efforts.
Mayor Clark advised Mr. Casarez to speak with the Chief of Police after
the meeting.
There being no other comments, Mayor Clark closed the Public Comment period
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page I of 18
2. PRESENTATIONS
E. Update on the 60 Freeway Improvements Project by Public Works and Caltrans
Mayor Clark indicated Item 2E would be moved as the first Presentation tonight.
Ahmad Ansari, Consultant, Transtech Engineers Inc., stated the 60 Freeway
Improvements Project will begin August 20th, including work from the 710 to the
605 Freeways; introduced Project Manager to further discuss the project.
Diaa Yassin, Project Manager, California Department of Transportation (Caltrans),
stated the project will restore the roadway and improve the ridership quality by
rehabilitating the existing lanes with pavement that will extend the life of the
roadway a minimum of 40 years, only requiring minimal maintenance by Caltrans
once completed; noted existing pavement of the on and off ramps, auxiliary lanes,
interchange connectors, shoulders, and bridges will be repaired; specified that the
median barrier will be removed and replaced as the current one is obsolete, in
addition that landscape work will be added where possible to improve the
aesthetics; ascertained the project will occur between the 710 and 605 interchange
which will cover the Cities of Monterey Park, Montebello, Rosemead, and South
El Monte. Mr. Yassin explained the performance measures will be 80 lane miles in
both directions; emphasized impact to Rosemead is minimal as most of the work
will be completed during the night and there will always be a minimum of two lanes
opened in the direction of construction so it will not be a total closure.
Eric Menjivar, Public Information Officer, Caltrans, speaking on behalf of Peter
Jones, assured City Council that Caltrans staff will ensure the City is notified of
any closures, detour routes for any extended weekend closure, as well as have
proper signage posted and all information shared on social media so that residents
are duly informed; clarified the project starting on the 60 Freeway near San
Bernardino is not connected to this Improvement Project.
Mayor Clark inquired if Caltrans has direct contact with the "blaze" or
"Google Maps" app.
In response to Mayor Clark, Mr. Menjivar confirmed they have "Quick Map",
which utilizes the "Google Map" interface and can be accessed via an app on your
phone or their website at quickmap.dot.ca. �,00vv.
Council Member Low noted this will impact her as she lives right off the 60
Freeway; asked what is the duration of this improvement project and if it will be
completed at specific sections at a time?
Mr. Menjivar responded the duration to complete this project is about three to four
years as the SR -60 is a major thoroughfare serving commuters between Los
Angeles, San Bernardino and Riverside counties.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 2of18
Sepand Minovi, Resident Engineer, Caltrans, confirmed the project is carried out
in different stages with two miles in one direction completed at a time.
Mr. Menjivar encouraged residents to visit www.dot.ca. Qvv, or google "Caltrans
District 7", which covers the City of Rosemead.
A. Introduction of Newly Hired Management Analyst Daisy Guerrero and Recreation
Supervisor James Lara
City Manager Molleda introduced Management Analyst Daisy Guerrero, and
Director of Parks and Recreation introduced Recreation Supervisor James Lara.
B. Proclamation Declaring the Month of August 2019 as "National Night Out" in the
City of Rosemead
Public Safety Supervisor Wong invited the community to attend National Night
Out on August 6, 2019, from 5:30 to 8:30 p.m., at Rosemead Public Safety Center/
Zapopan Park; stated National Night Out is designed to heighten crime and drug
prevention awareness, generate support for and participation in local anti-crime
programs, strengthen neighborhood spirit and police -community partnerships as
well as send a message to criminals letting them know that neighborhoods are
organized and fighting back. Ms. Wong noted in conjunction with the City's
National Night Out celebration, the Back -to -School Resource Fair is also held;
ascertained it was through Mayor Pro Tem Armenta's vision that the Back -to -
School Resource Fair program was developed.
Mayor Pro Tem Armenta opined as an educator she noticed there were students
who did not have the proper tools needed to succeed in school; emphasized the
importance in providing disadvantaged students backpacks filled with school
supplies such as folders, binders, rulers, erasers, USB flash drives, crayons, pens
and pencils; shared an email from a parent expressing gratitude that if it were not
for this program, their children would not have had any supplies to start the
school year; thanked the Backpack Committee — Public Safety Supervisor Mandy
Wong, Recreation Coordinator Janette Vicario, James Berry, Chen Lin, and
Chamber of Commerce CEO Ray Jan, for their efforts; expressed appreciation to
the following sponsors:
• Calport Poultry - $5,000
• Transtech - $2,500
• Garvey Education Foundation - $700
• Rosemead Education Foundation - $450
• Jeff Boats - $125
• Ray Jan - $100.
The City Council presented a Proclamation declaring August 2019 as "National
Night Out" to Public Safety Supervisor Wong.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 3of18
C. Recognition of Rosemead Resident Yasmin De La Rosa for Maj or League Baseball
Pitch Hit and Run National Finalist
Director of Parks and Recreation Boecking congratulated Yasmin De La Rosa from
the Rosemead Angels Softball program for placing 1st in the Local Competition
which was hosted here in the City of Rosemead, and also on achieving 3rd place in
the 2019 Pitch, Hit and Run National Competition Event held on Saturday, July 6th
during the MLB All-Star Week in Cleveland, Ohio.
The City Council presented a plaque to Yasmin De La Rosa recognizing her for
athletic achievements while representing the City of Rosemead.
D. Service Recognition of Outgoing Planning Commissioner Diana Herrera, Outgoing
Traffic Commissioner Julio Sevilla and Outgoing Parks Commissioner Phong Ly
The City Council presented a plaque to Diana Herrera for 20 years of service on
the Planning and Traffic Commission. Ray Jan, CEO, Chamber of Commerce,
presented a certificate to Mrs. Herrera for her service on the Chamber Board.
The City Council presented a Certificate of Recognition to Outgoing Parks
Commissioner Phong Ly.
Mayor Clark noted a certificate will be mailed to Outgoing Traffic Commissioner
Julio Sevilla since he could not be present tonight.
3. PUBLIC HEARINGS - None
4. CONSENT CALENDAR
ACTION: Moved by Council Member Low and seconded by Council Member Dang to
approve Consent Calendar Items A through D, and F. Council Member Dang pulled Item
E for separate discussion. Motion was carried out by the following vote AYES: Armenta,
Clark, Dang, Low, Ly ABSENT: None
City Attorney Richman noted for the record pertaining to Consent Calendar Item F that the
salaries for the following positions should be changed as follows: Management Analyst
from $6,243 to $6,470 and the Office Specialist from $3,789 to $3,769.
A. Claims and Demands
Resolution No. 2019-34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$599,873.73 NUMBERED 103684 THROUGH NUMBER
103700, AND NUMBERED 103705 THROUGH
NUMBER 103790
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 4 of 18
Recommendation: Adopt Resolution No. 2019-34.
• Resolution No. 2019-35
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$86,228.22 NUMBERED 103701 THROUGH NUMBER
103704, AND NUMBERED 103791 THROUGH
NUMBER 103805
Recommendation: Adopt Resolution No. 2019-35.
• Resolution No. 2019-06 RHDC
A RESOLUTION OF THE ROSEMEAD HOUSING
DEVELOPMENT CORPORATION ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$85.00 NUMBERED 1607 THROUGH NUMBER 1608
Recommendation: Adopt Resolution No. 2019-06 RHDC.
B. Approval of Minutes
Recommendation: That the City Council approve the regular meeting minutes of
February 12, 2019 and the special meeting minutes of July 8, 2019.
C. Consideration to Cancel the August 13, 2019 City Council Meeting
On December 11, 2018, the City Council approved the 2019 Meetings Schedule
and cancelled the second meeting in August for summer break. At this time, the
City Council will consider the cancellation of the August 13, 2019 City Council
meeting due to a lack of quorum.
Recommendation: That the City Council cancel the August 13, 2019 City Council
meeting due to lack of quorum.
D. Receive and File Report - 4th of July Fireworks Suppression Activity
On July 4th, the Code Enforcement Division performed illegal fireworks
suppression enforcement between the hours of 2 p.m. and 12 a.m. In addition to
actively patrolling the City, Code Enforcement staff responded to 16 CRM requests,
6 direct phone calls, and internal staff referrals for service. In all, staff patrolled
the City for illegal fireworks activity and responded to approximately 47 locations.
Following is a list of fireworks suppression activity performed:
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 5of18
• Citations issued onsite on the 4th: 3
• Citations issued following the 4th: 34
• Onsite warning issued: 11 (e.g., firework items observed but not the
act of discharge)
Recommendation: That the City Council receive and file the 2019 Fireworks
Suppression Activity Report.
F. Annual Salary Survey Results and Adoption of Salary and Benefits Resolutions
The City Council will consider approval of five salary and benefits Resolutions:
General Service Unit; Middle Management, Professional, and Confidential Service
Unit; Management Service Unit; Part -Time Salary Schedule; and a Comprehensive
City-wide Salary Schedule for all City Classifications.
The purpose of the annual salary and benefits resolutions is to ensure transparency
and to implement modifications to the City's compensation system. Amendments
to the Resolutions include salary range adjustments for various classifications as a
result of the annual compensation survey in accordance with City policy and above
referenced Resolutions. The amendments to the Resolution also include clarifying
language that was approved in the 2018-2020 Memorandum of Understanding
(MOU) with the City of Rosemead Employee Association.
Recommendation: That the City Council adopt the following Resolutions:
• Resolution No. 2019-36 General Service Unit, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING
ANNUAL SALARY RANGES AND BENEFITS FOR
CLASSIFICATIONS IN THE GENERAL SERVICES
UNIT OF THE CITY OF ROSEMEAD
• Resolution No. 2019-37 Middle Management, Professional, and
Confidential Service Unit, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING
ANNUAL SALARY RANGES AND BENEFITS FOR
CLASSIFICATIONS IN THE MIDDLE MANAGEMENT,
PROFESSIONAL, AND CONFIDENTIAL SERVICE OF
THE CITY OF ROSEMEAD
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 6 of 18
• Resolution No. 2019-38 Management Service Unit, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING
ANNUAL SALARY RANGES AND BENEFITS FOR
CLASSIFICATIONS IN THE MANAGEMENT SERVICE
OF THE CITY OF ROSEMEAD
• Resolution No. 2019-39 Part -Time Salary Schedule, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING
ANNUAL SALARY RANGES FOR PART-TIME
CLASSIFICATIONS IN THE SERVICE OF THE CITY OF
ROSEMEAD
• Resolution No. 2019-40 Comprehensive City-wide Salary Schedule for all
Regular Full-time City Classifications, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING
THE COMPREHENSIVE SALARY SCHEDULE FOR
ALL FULL-TIME CLASSIFICATIONS IN THE CITY OF
ROSEMEAD
DISCUSSION OF CONSENT CALENDAR ITEM 4.E
E. Tree Trimming, Tree Maintenance and Inspection Services — Award of Contract to
West Coast Arborists, Inc.
Recommendation: That the City Council take the following actions:
1. Authorize the City Manager to enter into a three-year contract with West
Coast Arborists, Inc., for an amount not -to -exceed $186,700 per year, with
the option for up to two one-year extensions; and
2. Take such additional, related action that may be necessary.
The current contract for tree maintenance services with West Coast Arborists Inc.
(WCA) expired on June 30, 2019. The scope of work for this contract includes tree
trimming, tree removal and replacement, emergency response and computerized
inventory of City owned trees. This new contract will include the restructuring of
the City grids to implement uniformity of the 3 -year cycle. WCA will assist City
staff with this at no additional cost including the restructured Grid Maps.
Staff recommends that the City Council approve an agreement with West Coast
Arborists, Inc., for Tree Trimming and Maintenance Services for a three-year
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 7 of 18
contract term with the option of two one-year extensions and authorize the City
Manager to execute the a greement upon approval of the City Attorney.
Council Member Dang asked for clarification as the Staff Report indicates WCA's
Grid Bid Amount is $45,811, which he multiplied by three (the number of grids
annually) totaling $137,433.
Public Works Manager Chavez responded that the eucalyptus on Garvey Avenue
and Palm trees throughout the city are not part of the Grid Bid Amount as they are
on a separate trim cycle completed annually; explained the additional $26,866 is
reserved for emergency services, removals and specialty requests.
Council Member Dang thanked Public Works Manager Chavez for providing
further clarification.
ACTION: Moved by Council Member Dang and seconded by Council Member Ly
to take the following actions:
1. Authorize the City Manager to enter into a three-year contract with West
Coast Arborists, Inc. for an amount not -to -exceed $186,700 per year, with the
option for up to two one-year extensions; and
2. Take such additional, related action that may be necessary.
Motion was carried out by the following vote AYES: Armenta, Clark, Dang,
Low, Ly ABSENT: None
5. MATTERS FROM CITY MANAGER & STAFF - None
6. MATTERS FROM MAYOR & CITY COUNCIL
A. Regulating Vacant Lots Ordinance Discussion
Recommendation: That the City Council provide further direction to staff.
Council Member Ly requested this item be tabled to the next Council meeting as
he has not had time to visit or complete a proper analysis of the site due to preparing
for his annual Army training; suggested still taking the presentation and receiving
Public Comment, however, holding off on making any recommendations until the
next meeting.
Mayor Clark stated it is imperative that discussion of this item is taken; asserted
in response to Council Member Ly that Council will not be taking any action
on this item tonight.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 8of18
City Manager Molleda stated this item is presented to the City Council at the
request of Mayor Margaret Clark as she would like to revisit Ordinance No. 982 —
Regulating Vacant Lots for further discussion.
Mayor Clark stated she initially supported the ordinance as she lives one-half block
out of Monterey Park and sees several vacant grassy covered lots that look better
with the vinyl fencing, however misunderstood that by approving the ordinance the
City would require every vacant lot or unoccupied building to install a vinyl fence;
inquired why would we want to take down a nice looking iron fence such as the
one at her former neighbor's, now vacant property on Prospect Avenue, only to
replace with a vinyl fence? Mrs. Clark opined it seems the Council basically banned
installation of new chain-link fences and only allows repairs of existing chain -links;
asked why we are allowing rusty and bent double chain -links, rather than replacing
with vinyl fencing at 4061 Temple City Boulevard and Valley Boulevard, just east
of the 7-11 store.
Director of Community Development Kim confirmed that the seven initial
properties are still in the process of being replaced with vinyl; noted screening was
installed in the front, in addition that it took time to clear the encampment to make
the site visible.
Mayor Clark emphasized it was not my intent to have every property that becomes
vacant reviewed and if there is a property not maintained that Code Enforcement
looks into the matter; suggested if there is a property that staff feels requires a vinyl
fence, then we should have an appeal process in place that is reviewed by the
Planning Commission and Council thereafter.
Council Member Low inquired if Mayor Clark is asking that all ordinances have an
appeal process in place.
Mayor Clark responded no; opined there is a need for an appeal process specifically
to this ordinance as there are different circumstances depending on the property.
Mayor Clark opened the Public Comment period.
Speaker Brian Lewin reiterated his prior sentiment from the September 2018
meeting, to allow more flexibility in terms of height and materials to provide greater
security for the larger sites such as the Auto Auction property; suggested Council
refine the definition of unimproved as the Auto Auction property would qualify
since it has been unoccupied for more than 30 days; noted a conflict in Municipal
Code Section 17.68.080(B)(1) as it mentions chain-link fencing is not prohibited
except for "a. The screening of side yard areas that are not visible from the public
right-of-way and rear yard areas; b. The temporary screening of lots under
construction or being demolished in accordance with Section 17.68.100; and
c. To enclose an area where a solid wall or fence would create a physical hazard
(i.e., the containment of mechanical equipment under an electrical transmission
right-of-way)."
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 9of18
Speaker Angela Lee, spoke on behalf of Vivian Liu, stated when the Auto Auction
site located at 8001 Garvey Avenue was purchased in 2011, the 6 -foot masonry
wall was already installed; noted thanks to the presence of the wall, there were no
signs of graffiti or homelessness when the building was demolished in 2018;
indicated the wall is very sturdy as it is reinforced with metal at the top for security;
emphasized if we take down the 6 -foot wall and replace with a 4 -foot vinyl fence,
it could create a public safety issue as children and homeless will have easier access
to enter and conduct dangerous activities there, as a result causing more liability;
acknowledged even though they feel the wall is absolutely necessary, they will
respect the City's policy to add the vinyl fence, if necessary, and requested
if the City has other recommendations to place them in writing so that she can
relay to the owner.
There being no other comments, Mayor Clark closed the Public Comment period.
Mayor Pro Tem Armenta inquired if there are any homeless or other violations on
that property?
Director of Community Development Kim responded that he does not have that
information at the moment, however opined he believes the property currently has
one open Code Enforcement case and will follow-up with Council regarding any
open violations; affirmed there has been prior complaints about transient activity
on that property, however the issue is that the site is not visible; stated staff is
mandating the 6 -foot masonry wall be removed and compliance with the 10 -foot
landscape buffer requirement; ensured Council that staff is constantly working with
the property owner.
Mayor Clark noted that Monterey Park only has a 5 -foot landscape buffer
requirement; asserted she checked with the Public Safety Department who
confirmed that there have not been any violations in the last few years since the
building was removed at the Auto Auction site; opined unless the wall becomes an
unattractive nuisance, there is no need to take the wall down as it helps keep people
out and protects the property.
Mayor Pro Tem Armenta ascertained that they are not good partners as the property
has been vacant for years and it took the City citing them to finally tear down the
building; expressed concern that illegal activities are going on behind the wall as
she has seen people going in through the gate that is always left open; opined the
City is too lenient, so maybe requiring them to take the wall down will force them
to finally take action.
Council Member Low asked the Chief of Police, for public safety reasons, do you
prefer a property to have the visibility option or a wall for protection? In addition,
if he was aware of any issues at this property.
Chief of Police Kusayanagi opined from a law enforcement perspective, we would
prefer to be able to see any activities occurring; stated to his knowledge there has
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 10 of 18
not been any calls within the last three years to that specific address so it is not
a problem property for law enforcement.
Council Member Ly expressed confusion that Mayor Clark indicated her request
for Council to revisit the ordinance was not about the Auto Auction property,
however most of her letter included with the Staff Report and tonight's discussion
was primarily about that specific property; asked Mrs. Clark if she could point out
any other examples the Council may be overlooking.
Mayor Clark responded that the Auto Auction property was just the initial one that
brought this matter to my attention; asserted other properties throughout Garvey
Avenue and 9011 Garret Street are other examples.
Director of Community Development Kim stated when he initially presented the
Vacant Lot Ordinance, he indicated this would be completed in phases; clarified
they are currently in the first phase which targets commercial corridors, so we have
yet to start on residential properties including the aforementioned Prospect Avenue.
Mayor Clark asserted that she would not have voted for an ordinance that required
removal of all types of fencing or masonry walls.
Council Member Ly posed the question, how many meetings have we conducted to
discuss the Vacant Lot Ordinance?
Director of Community Development Kim responded it was discussed at
a Joint Workshop, it was presented at the Planning Commission meeting, and
at both the September 11th and September 25th City Council meetings.
Council Member Ly referred to the September 11th and 25th, 2018 Minutes,
noting Mayor Clark did not express any of tonight's concerns during those
meetings at any time; stated he is hesitant to grant an exception to policy not just to
a business owner or developer, but to the biggest developer in Rosemead with
16 acres; thanked Director of Community Development Kim, Code Enforcement
and Planning staff for studiously enforcing City law as blight is a significant issue
in the City; suggested vacant lots either comply with installing vinyl fencing or
lease the property to the City until the developer is ready to build on the site, this
way the City can utilize the space as a temporary park while keeping the property
cleaned and maintained; asked Mayor Clark what her issue with this item is and
why she would want to grant a special exception to one of the larger properties?
Council Member Low indicated support for Council Member Ly's suggestion for
the Auto Auction site to lease their property to the City as a temporary park.
Mayor Clark responded that she takes full responsibility for not looking at all of
the possible ramifications of approving this ordinance, however it was her
understanding that there was flexibility built into the ordinance to accommodate
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 11 of 18
various situations; stated she did not ask for this ordinance to be revisited to grant
an exception to a developer rather because she considers there to be holes in it;
opined never in a million years would she have voted for an ordinance that required
removal of all types of fencing that affects single-family homes; urged Council to
consider is this what we really want to be doing all over the City? Mrs. Clark shared
Council Member Ly's comments from the minutes of the September 11th Council
meeting: "Mayor Ly inquired why the change to this verbiage was not initially
included: As deemed necessary by staff, for health and safety or general welfare
reasons, a security fence of a maximum of six feet per approval by the Community
Development Department may be required around vacant properties."
Council Member Ly clarified his comments did not mean he did not support the
ordinance, rather he was not a fan of the 6 -foot height.
Mayor Clark reiterated her concern is that the ordinance is not a one size fits all as
there are different circumstances depending on the property, thus the need for an
appeal process.
Council Member Low stated to confirm so that everyone is on the same page,
Mayor Clark is questioning this because her friend's now vacant property would
be affected.
Mayor Clark confirmed that the Prospect Avenue property is included on the list of
property owners that were notified and asked to comply with Ordinance No. 982,
however, does not support that evaluation as the property has a beautiful wrought
iron fence that is not blight.
Mayor Pro Tem Armenta requested City Clerk Hernandez display the photos
(from Attachment E, page 2) of the property located at 9743 Valley Boulevard,
which was the old lumber yard; opined it is clearly an improvement to the
property's aesthetics; encouraged Council and the public to make their own
judgment as to whether the property is aesthetically pleasing from the before and
after photos; asked staff to confirm that compliance of the Vacant Lot Ordinance
would be completed in phases.
Director of Community Development Kim confirmed that staff is completing this
in phases, currently focusing on Phase 1 - commercial corridors, then the next phase
of residential properties.
Mayor Pro Tem Armenta stated it is important that the City Council remains
consistent in its policies; opined in effort to address Mayor Clark's concerns, would
it be possible to rethink the residential portion since the phase for residential
properties has not begun.
Council Member Ly referenced Municipal Code Section 8.48.020 "Vacant Lot" is
defined as any property that is either: (1) Unimproved; or (2) Improved with an
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 12 of 18
existing building or structure that is abandoned, vacant and/or unoccupied for more
than 30 days. Mr. Ly asked Mr. Kim to provide examples of residential properties
that fall under this category.
Director of Community Development Kim responded the property on the northeast
corner of Rio Hondo Avenue and De Adalena Street is an example as it has been
vacant a long time and the owner has not secured the property despite staffs'
continuous efforts; noted there are circumstances that are different for each
property, however residential is very easy to transfer and occupy; explained this
ordinance was our way of getting Council's support to take action on such vacant
dilapidated properties.
Mayor Pro Tem Armenta asserted that this property Mr. Kim referenced is different
because there is no fencing, the weeds are so high and there are stacks of cedar
blocks randomly placed in the front of property; stated she understands where the
Mayor is coming from, further explained if a fence is not dilapidated and it is not
causing a hazard, then there should be criteria in place when it comes to residential.
Mayor Clark stated this dilapidated property sounds like a Code Enforcement issue;
expressed she does not understand why we are requiring a fence?
Council Member Ly provided the following examples as to why we need this
ordinance: 1) Ms. Dolores Weidermann has come before the Council countless
times to express frustration of her neighbor's unkept property, noting even after the
City sent Code Enforcement and issued citations regularly, nothing has changed;
and 2) Ms. Dolly Leong received numerous letters and was cited, but the Code
Enforcement issues were not resolved, so the City finally put a lien on her property.
Mr. Ly emphasized there is only so much that staff can do, so this ordinance will
serve as another mechanism to seek compliance; referenced Municipal Code
Section 8.48.030, which explains how a vacant lot can be put back into compliance
by demonstrating physical improvements such as maintenance of landscape to
remedy the site in accordance with the Community Development Department.
Mayor Clark inquired if everyone on the List of Vacant Lot Owners (Attachment
D of Staff Report) have been notified.
Council Member Low asked Mr. Kim if the list included both residential and
corridor properties.
Director of Community Development Kim affirmed Attachment D is the mailing
list, in which staff notified all owners of properties, both residential and corridor
that the City identified as vacant lots at that specific time; indicated the List of
Vacant Lots can change as properties become developed and/or occupied; reiterated
the goal is to aesthetically improve properties throughout the city whether it is a
residential or commercial corridor.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 13 of 18
Mayor Clark asked if staff was familiar with the property on Prospect Avenue that
was included in the Vacant Lot Owners Notified List.
City Manager Molleda responded staff does not have information on the property
at this time as Mayor Clark did not indicate there was an issue with it prior to this
meeting, however affirmed that staff will look into it and provide an update.
Council Member Dang circled back to the original question asked — if there is a
mechanism where someone can appeal?
City Attorney Richman clarified if Code Enforcement inspects a property with
violations and sends warning letters, but the owner still does not comply, then a
citation can be issued; further noted there is an appeal process in place for citations
that is reviewed by the City Manager.
Mayor Clark inquired if there is any flexibility with this mechanism.
Director of Community Development Kim responded to avoid having to comply
with installing the vinyl fence, the owner must develop the property so that it will
no longer be considered vacant.
Council Member Dang stated there are ways to appeal the fencing policy by leasing
the property to the City to utilize as a temporary park until the site is ready to be
developed or the owner can simply develop the property.
Council Member Low indicated support for this ordinance because it encourages
landowners to develop their property in a timely manner.
Council Member Ly stated it is unfair to ask staff to play out scenarios; emphasized
that staff has always been instructed by Council to be as business friendly as
possible while adhering to and enforcing the policies of the Municipal Code.
Mayor Clark reiterated she is simply asking for flexibility with this fencing policy.
Mayor Pro Tem Armenta stated she could not look up the specific property at
this time; asked if the property has a home on site.
Mayor Clark indicated there is a home on the property; stated she could pull up the
Prospect Avenue property on Google to share with Council.
Council Member Dang said he does not understand why we are trying to display a
photo of a house when that is irrelevant.
City Attorney Richman stated she would not recommend displaying a photo of
specific properties as part of the discussion; advised Council the options are they
can choose to continue this discussion or make a recommendation; explained if
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 14 of 18
Council has specific direction to provide, then staff would take it in the form of
revising the ordinance.
Council Member Ly expressed opposition to continuing the discussion any further.
Mayor Pro Tem Armenta asked if the Prospect Avenue is maintained?
In response, Mayor Clark affirmed the property is maintained.
City Manager Molleda stated staff notified all owners of vacant lots, both
residential and corridor, for transparency and to educate them on the new ordinance.
Mayor Pro Tem Armenta posed the question, if there is a property that is a vacant
lot, however there is a house, the landscape is maintained and there is no blight,
are they still required to install the vinyl fence?
Director of Community Development Kim stated that is a case we would have to
look into; asserted the way the Municipal Code reads if the property has been vacant
for 30 days, then the City would need to look at enforcing the Vacant Lot Ordinance
with the fencing requirement; indicated to be respectful to Mayor, in order to report
back he would need to look specifically at the Prospect Avenue property.
Maggie inquired how the data was gathered to form the List of Vacant Lot Owners.
Mr. Kim responded that it was formed from a combination of different efforts
which includes vacant lots coded from the Los Angeles County Assessor's Office,
as well as staff and Code Enforcement driving throughout the City and assessing
properties.
Council Member Dang opined the discussion was going off -course as we should
not be discussing the Code Enforcement's policies rather the Mayor's initial
request to revisit the ordinance regarding commercial property 8001 Garvey
Avenue and an appeal process.
Council Member Low encouraged Mayor Clark to speak with staff separately
regarding her concerns for the Prospect Avenue property.
Mayor Pro Tem Armenta requested Council receive a list of the properties that were
identified as vacant lots rather than the mailing list of property owners.
City Manager Molleda responded that staff can provide both lists for Council.
Mayor Clark addressed Council Member Dang's statement, explaining she
requested to revisit the ordinance, not only for discussion of the Auto Auction site,
but also to bring to light to what the ordinance is mandating.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 15 of 18
Council Member Ly read the following parts of Attachment F - Mayor Clark's letter
into the record: "I am respectfully requesting that we re -visit the Vacant Lot
Ordinance. It has come to my attention that the strict interpretation of the ordinance
could result in public safety issues for the very large 15 -acre property known as the
`Auto Auction'." and "3. b. Exhibit C Planning Commission minutes 8/20/2018
(then) Commissioner (now Council Member) Dang when referring to a property
mentioned that has a gas station that has asphalt, Community Development Director
Ben Kim stated `so we will not be requiring the landscape buffer, it will only require
the fencing on the property line. He added that putting in the buffer is a hardship.
Since the property at 8001 Garvey has asphalt, I would hope we would take similar
consideration'." Mr. Ly asserted nowhere in the letter did Mayor Clark raise
concerns of residential property or her neighbor's property on Prospect Avenue;
opined the right thing to do is not ask for exception to policy to the biggest
developer and to have staff enforce the policy of the Municipal Code.
In response to Mr. Ly, Mayor Clark indicated it was brought to her attention that
the Auto Auction site was being asked to remove the 6 -foot masonry wall, which
brought safety concern issues including the possibility of a homeless encampment
being formed there; noted she was passionate about this as the property is three and
a half blocks away from her house. Mrs. Clark asserted that she followed proper
protocol by submitting the letter to the City Manager to be agendized, however her
concerns expanded after the Staff Report was posted as she saw Attachment D
listing the Vacant Lot Owners; ascertained it was then that she realized the
Vacant Lot Ordinance did not only apply to commercial corridors, but residentials
were also affected.
Council Member Low asked the Chief of Police from a public safety perspective
if there were any concerns if the City enforces the Vacant Lot Ordinance,
particularly having the Auto Auction site remove the 6 -foot wall.
Chief of Police Kusayanagi responded it would depend on the type of fence that is
installed whether it encompasses the whole property; opined it would be hard to
determine what safety measures are needed until the fence is in place.
In response to the Mayor's concern of homeless encampments, Council Member
Ly stated legally law enforcement cannot remove a homeless person from the
public right-of-way unless it is past park hours; asserted if a homeless person enters
a private property, then it is considered trespassing and action can be taken.
Chief of Police Kusayanagi concurred with Mr. Ly; clarified that a "Letter of
Agency" is required, which allows the property owner to give permission to
the Sheriffs Department to check their property for trespassers and other
individuals who do not belong, and arrest them as necessary.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 16 of 18
Council Member Ly opined it would be beneficial to the property owner to remove
the wall and provide a Letter of Agency, so that the Sheriffs Department can
easily identify an issue and enforce the policy.
Chief of Police Kusayanagi agreed, emphasizing if law enforcement cannot see into
the property, it would be difficult to take any necessary measures.
Council Member Low stated in addition to removing the wall, other safety measures
include staff requesting part of the asphalt behind the wall be removed.
Council Member Dang asked if the property owner is obligated to remove the
asphalt in addition to the 6 -foot wall to comply with the ordinance.
Director of Community Development Kim responded it is not required to remove
all the asphalt, just the 10 -foot buffer to comply with the ordinance.
Council Member Low opined if they want to demonstrate good partnership, then
the property owner will comply.
Mayor Clark stated we would require more law enforcement presence to remove
homeless from such properties.
Council Member Dang gathered that the Chief of Police would rather have visibility
of a property so that intruders cannot hide.
Chief of Police Kusayanagi concurred, stating law enforcement prefers not to have
any blind spots.
Council Member Ly emphasized if we revised the ordinance, tonight's hour
discussion is a preview of what it would be like if an item would be appealed to the
City Council, including additional staff time.
Council Member Low echoed Council Member Ly's sentiment; expressed
opposition to an appeal process to the Vacant Lot Ordinance.
By consensus, the City Council indicated support to leave the policy as is, except
for Mayor Clark who expressed opposition to the current policy.
B. City Council Comments
Mayor Pro Tem Armenta noted she attended the Independent Cities Association's
Seminar from July 12 -14th, which the City did not pay for as she attended as
President of the California Contract Cities Association; stated at one of the sessions
Larry Kosmont who is well -experienced in assisting local government agencies in
real estate and economic development matters, spoke about developing vacant lots
in municipalities; emphasized the importance of cities being more strict with their
policies, otherwise owners do not have much incentive to develop their property.
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 17 of 18
Mayor Clark reiterated her request for staff to assess the property located
at 4061 Temple City Boulevard and Valley Boulevard, which has rusty and
broken chain -links.
In response, City Manager Molleda asserted that it is an ongoing process to improve
the property and that staff is being business friendly while addressing this issue.
Council Member Ly stated that he attended the last two Concerts in the Park events,
which were well attended; suggested staff consider relocating the picnic canopies
at Garvey Park as they limit where the public can sit to watch the bands perform.
Mayor Pro Tern Armenta also requested staff inquire about obtaining a larger dance
floor for such events.
Mayor Clark- adjourned the regular meeting at 10:22 p.m. The next regular City Council
meeting is scheduled to be held on August 13, 2019, at 7:00 p.m., in the Rosemead City
Hall Council Chamber.
. . . . . . . . . . . . . . . . . . . . . . . .
wm
........ . .
Ericka Hernandez, City Clerk
Sandra Armenta, Mayor
Rosemead City Council and Housing
Development Corporation Regular Joint Meeting
Minutes of July 23, 2019
Page 18 of 18