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CC - Minutes - 01-26-21 MINUTES OF THE CITY COUNCIL,HOUSING DEVELOPMENT CORPORATION AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING JANUARY 26, 2021 The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 8:53 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Armenta, Mayor Pro Tern Low, Council Members Clark (teleconference), Dang, and Ly (teleconference) ABSENT: None PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Low INVOCATION was led by Council Member Ly STAFF PRESENT: City Manager Molleda, Assistant City Manager Kim, City Attorney Richman, Chief of Police Lt. Duong, Director of Community Development Frausto-Lupo, Director of Public Works Daste, Director of Parks and Recreation Boecking, and City Clerk Hernandez City Attorney Richman reported out from the special meeting at six o'clock where the City Council conducted a performance evaluation for the City Manager. The following action took place in Closed Session by the City Council. ACTION:Moved by Mayor Pro Tem Low and seconded by Council Member Dang give a 4.0 performance evaluation to the City Manager and amend the employment contract at the next meeting. The motion was carried out by the following roll call vote AYES: Armenta,Dang,Low,Ly NOES: Clark 1. PUBLIC COMMENT Mayor Armenta opened the Public Comment period. Speaker Christian Chavez submitted a public comment via email expressing concerns with the increase of car thefts occurring in the City. He asked if the City could address the uptick of automobile vandalism and theft in the community. Mayor Armenta directed staff to contact Mr. Chavez to address his concerns. Speaker Barbara Murphy submitted a public comment via email to thank City staff who certify and hung the Military Banners on Valley Boulevard for military veterans first responder Captain Micah Mathews, Fire Station 42, US Navy Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 1 of 23 Seabees; Kelly Crowell WWII Navy Seabees; and Phillip Fong Sr. WWII Army. Ms. Murphy also noted that Rosemead resident Frank Harold Chavez, a WWII Army Veteran, passed away on January 4, 2021, at the age of 93. She requested to adjourn the meeting in his memory. There being no further speakers, Mayor Armenta closed the Public Comment period. 2. PRESENTATION-None 3. PUBLIC HEARING- None 4. CONSENT CALENDAR City Attorney Richman noted for the record that Councilmember Clark had a conflict with agenda Item 4D. Since the item was under Consent Calendar, Mrs. Clark could vote on all consent items but not include a vote for item 4D. ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Low to approve Consent Calendar Items A through E, with the record to show Council Member Clark's vote on item D would not count. The motion was carried out by the following roll call vote AYES: Armenta, Clark,Dang,Low, Ly NOES: NONE A. Claims and Demands • Resolution No. 2021-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $911,113.23 NUMBERED 108251 THROUGH NUMBER 108352 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2021-05. • Resolution No. 2021-03 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,500 • NUMBERED 10309 INCLUSIVELY, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Recommendation: Adopt Resolution No. 2021-03 SA. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 2 of 23 B. Approval of Minutes Recommendation: That the City Council adopt the special meeting minutes of January 14, 2021. C. Transmittal of Fiscal Year 2019-20 City of Rosemead and Rosemead Housing Corporation Annual Financial Reports This is the transmittal of the Fiscal Year (FY) 2019-20 annual financial reports for the City of Rosemead and the Rosemead Housing Development Corporation to the City -Council. The City of Rosemead Comprehensive Annual Financial Report (CAFR) and Rosemead Housing Development Corporation Financial and Compliance Report provide a complete presentation of the finances of each of the above-mentioned organizations. Recommendation: That the City Council receive and file the City of Rosemead Comprehensive Annual Financial Report (CAFR) and Rosemead Housing Development Corporation(RHDC)Annual Financial Statement for the Fiscal Year ending June 30, 2020. D. Garvey Avenue Specific Plan Live/Work Interpretation Artist Live/Work is currently an allowed land use in the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed-Use (GSP-MU) zones. A live/work unit is a space where the lessee can both live and work in the unit within established parameters. On January 12, 2021, staff presented an interpretation of how live/work units should be defined and how parking should be calculated. The City Council further directed staff to work with Mayor Pro Tem Low on incorporating language for other commercial-related activities, such as teleworking, into the interpretation. Recommendation: That the City Council receive and file the modifications made to the live/work interpretation. Mayor Pro Tern Low inquired if what was approved is against the Garvey Avenue Specific Plan, if the Live Work interpretation also applied to other projects not part of the Garvey Avenue Specific Plan. Director of Community Development Frausto-Lupo explained this interpretation that was approved at the last meeting is specific to the Garvey Avenue specific plan. We did have a brief conversation with the commercial task force so we met and at some point this is something that we would likely want to consider city wide, but specifically this definition is for the Garvey Avenue Specific Plan. Mayor Pro Tem Low So that means that we will need to work with all the commercial task force, we have to work on the definition of other projects that are not part of the Garvey Avenue Specific Plan. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 3 of 23 Director of Community Development Frausto-Lupo the good news is that the council has agreed on a definition, but it would require a zoning code amendment to included it citywide. E. ICMA 401A Plan Loan Amendment and Adopt Resolution No. 2021-03 The City currently contracts with ICMA to provide full-time employees with both a 457 Deferred Compensation plan and a 401A Profit-Sharing Plan for those hired before July 1, 2010. The 457 plan allows employees to make contributions on a pre-tax basis, which reduces their taxable income for the year. The 401A plan is funded by pre-tax contributions by the City. The amount contributed by the City is a percentage based off the employee's years of service. An added 401A plan feature that ICMA offers is a loan program where plan participants may take out loans against their own accounts. The program offers competitive interest rates and extremely low administration and origination fees. The City Council must approve an amendment to the current plan with ICMA by resolution to implement the new loan program. Recommendation: That the City Council authorize the City Manager to execute the Loan Guidelines Agreement by adopting Resolution No. 2021-03, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE MATTER OF AMENDING THE ICMA- RC RETIREMENT PLAN TO PERMIT LOANS 5. MATTERS FROM CITY MANAGER& STAFF A. Homelessness Prevention and Response Plan Adoption In the summer of 2020, the City of Rosemead entered into a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) to develop a homeless response plan, implement a Homeless Prevention and Diversion Program, and participate in the Landlord Outreach and Education Program. Over the last seven months, the City in partnership with the SGVCOG and Focus Strategies, a national consulting firm focused on homelessness response efforts, developed the City of Rosemead Homelessness Prevention and Response Plan ("Plan") to enhance efforts to prevent and reduce homelessness among residents of Rosemead. The Plan aims to leverage local resources and support regional coordination efforts to: (1) reduce inflow into homelessness through targeted prevention and diversion, (2)boost existing homelessness response efforts in the City through increased coordination with and funding of existing programs and resources throughout the region and San Gabriel Valley, and (3) promote housing affordability. Recommendation: That the City Council adopt the Homelessness Prevention and Response Plan and direct staff to begin implementation of plan. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community-Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 4 of 23 Mayor Armenta opened the Public Comment period for this item. Speaker Margaret Holt submitted a comment by telephone, stating she has been asking the Council about helping the homeless since September 2018.The Whittier Narrows Park used to provide hot meals, showers,haircuts, as well as medical and social services to the homeless. Since COVID started, the homeless are only provided showers. She added resident Dolores Weidermann and herself take it upon themselves to prepare sandwiches to give to the homeless at the park. She suggested that the City allow for clothing donations and hygiene products to make care packages. If the City could store the donated items at City Hall,she could pick them up and deliver them to the park's homeless. She would also appreciate if staff could update the Council's feedback and direction on her request. Director of Community Development Frausto-Lupo reported on the development of the Rosemead Homelessness Prevention and Response Plan. The City partnered with the San Gabriel Valley Council of Governments and Focus Strategies to develop the plan. Jacklyn Grant, Senior Consultant, Focus Strategies, spoke about the City of Rosemead's Homelessness Prevention and Response Plan. She explained that developing the plan included a roadmap to guide the City's homelessness prevention and response efforts. First, feedback from community stakeholders about homelessness prevention. Second, identify opportunities to increase support for existing strategies and programs providing services to youth, families, and adults experiencing homelessness; and third, align with regional and countywide homelessness response strategies to maximize impact and prepare for future funding opportunities. Ms. Grant stated the goal of the plan is to focus on enhancing and expanding existing homeless prevention and housing response resources; improve coordination of available homelessness prevention and response strategies; increase education about homelessness, reduce stigma, and increase awareness of recourses; and adopt policies to further promote affordable housing preservation and development. Council Member Dang asked if there was cost associated with approving the plan and asked for clarification on the plan's actionable items. Director of Community Development Frausto-Lupo replied that the plan's actionable items included reconvening the internal task force and getting City staff trained on the region's available resources and development of training materials to provide to the community. In response to the plan's cost, there is no direct cost of the plan unless items that may require funding, City staff will bring back to the City Council for direction and consideration. Mayor Pro Tem Low expressed support for the plan, as this is a regional matter, and hopes the state and county continues to aid cities in addressing homelessness. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 5 of 23 Mayor Armenta asked how was LAHSA and Measure H going to be part of the plan. She expressed concerns that funding from Measurer H is not being distributed equally to local cities. Director of Community Development Frausto-Lupo replied LAHSA is the overarching entity within LA County, the homeless authority. Measure H funds are funneled to the San Gabriel Valley Council of Government, and they disbursed the funds to the San Gabriel Valley region. Samantha Matthews, Management Analyst, San Gabriel Valley Council of Governments., explained cities that completed a homeless plan a few years ago, were able to receive homeless plan implementation funding through Measure H. She reiterated that within the next year or two,they hope there will be more funding through Measure H for future homeless plan implementation. Mayor Armenta stated that Measure H was funded from property taxes. She asked how much funds the City of Rosemead has received from Measure H. She reiterated that if the City relies on the funding, for programs to help unsheltered people, the City of Rosemead should be able to get some money back. City Manager Molleda indicated the City of Rosemead had not received any funding through Measure H in the first and second rounds. Adopting a plan is the first step to access Measure H funds. Mayor Armenta asked how the City will capture some of the Measure H funding with the new plan. Director of Community Development Frausto-Lupo explained that the City did not have a homelessness plan during the first two funding rounds. Having the plan will now give the City the opportunity for a better position to apply for Measure H funding. Council Member Dang commended Rosemead residents Ms. Holt and Ms. Weidermann for helping address the homelessness issues. However, he expressed some security concerns with the parks being a contact point for feeding the homeless and delivering items. ACTION: Moved by Council Member Dang and seconded by Mayor Pro Tem Low to adopt the Homelessness Prevention and Response Plan and direct staff to begin implementation of the plan. The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: NONE B. COVID-19 Update This is a recurring item that will be on the agenda to update the City Council on items related to COVID-19. Recommendation: That the City Council discuss and provide further direction. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of Janualy 26, 2021 Page 6 of 23 - City Manager Molleda reported the Los Angeles Department of Public Health Officer revised the Order to account for the recent decline of COVID-19 cases, hospitalizations, and testing positivity rates in the County. The revised Order allowed for a maximum of three households may gather outdoors; customers at outdoor cardrooms,miniature golf,batting cages, and go-cart racing will be limited to 50%maximum outdoor capacity; services at indoor operations for retail, office, and personal care establishments will be limited to 25%capacity;places of worship should engage in outdoor or remote faith-based services; playgrounds and outdoor exercise equipment are open; family entertainment centers are limited to 50% outdoor capacity; museums, zoos and aquariums are limited to 50% outdoor capacity; fitness facilities are open for outdoor operations; and hotels and motels are allowable only for tourism and individual travel. Until January 29, 2021, restrictions remain in effect for restaurants, wineries, and breweries for pick-up, delivery,and take-out only, and non-essential businesses closed from 10:00 p.m. to 5:00 a.m. In addition,the City has issued 711 COVID-19 test kits, and 114 requests are pending. As of January 26, there were twenty-four new confirmed case and a total of 4,204 cases and 85 deaths in Rosemead. Mayor Armenta asked what the turnaround was on the requested COVID-19 test kits. Assistant City Manager Kim stated there is a hold on new requests to process the backlog on the COVID-19 test kits. He explained the turnaround usually takes approximately 24-hours, and it depends on the requestor's response on residency confirmation. When the requestor mails their test kit to the lab and receives an answer, it is about 2 to 3 days. Council Member Dang stated he was concerned that seniors who may not know how to register for the COVID-19 vaccine may not be identified in the process. He asked staff to see if there were ways to address the issue. Mayor Armenta expressed concerns with her recent visit to the Rosemead Target Store. She reiterated there was no crowd control, and the store looked at full capacity while other stores are adhering to capacity, she asked staff to speak to the store manager or the property owners. Council Member Dang asked if there was a legal enforcement mechanism the City could enforce. City Attorney Richman explained the order is a County of Los Angeles order that is enforced through the County, not the City. Any complaints of violations of the order are to be reported directly to the County of Los Angeles. Council Member Ly expressed concerns on how far the City can ensure compliance and restrictions and engage with the County and other agencies on the COVID-19 violation order. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 7 of 23 Mayor Armenta suggested a separate agendized discussion and possible scenarios that should be discussed with the City Manager about sending warning letters and educating businesses violating the County of Los Angeles COVID-19 orders before proceeding with a Los Angeles County complaint Department of Health. 6. MATTERS FROM MAYOR& CITY COUNCIL A. Discussion on Issuance of Citations This item is presented to the City Council at the request of Mayor Sandra Armenta. She would like to discuss the issuance of citations. Recommendation: That the City Council discuss and provide further direction. Mayor Armenta tabled the item to a future City Council meeting. B. Discussion of the Rosemead Park Walking Trail This item is presented to the City Council at the request of Mayor Sandra Armenta. She would like to discuss the Rosemead Park Walking Trail. Recommendation: That the City Council discuss and provide further direction. Mayor Armenta read the following public comments for the record. Speaker Brian Lewin, on behalf of his mother La'Don Lewin, a 56-year Rosemead resident, asked to relay the following comment regarding the new park trail: "The track is harder than it was before. It's like there is no cushioning under it. It isn't as "springy" as it was - not as comfortable to walk on." Hopes the comment is useful from one of the senior track users. Speaker Ruth Canare submitted her comment via email, stating she has lived in Rosemead for 20 years. Her address is 9001 Evansport Drive, California, which is only .6 mile from the park. She said she walks the park trail from Monday to Friday. The current pathway is not smooth like it used to be, and it's bumpy. She expressed the new work on the trail was not done correctly and needed to be fixed. Speaker Barbara Murphy submitted her comment via email, stating that had she known about a circulated petition about the Rosemead Park walking trail,she would have signed it. She said she spoke to many people in Rosemead Park, and no one liked the newly paved trail for the same reasons listed in the petition. She described the original trail in Rosemead Park,and the trails in Zapopan Park and Jay Imperial Park are squishy, and there has never been a drainage issue. The new Rosemead Park trail cost up to $411,000.00 of taxpayers'money and has upset many residents. Many walkers are now walking on the sidewalks, the grass, or the Public Works access road, especially those using walkers. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes ofJanuary 26, 2021 Page 8 of 23 She stated, in the summer of 2008, residents circulated a petition in favor of installing a walking/jogging trail in Rosemead Park signed by 400 people. A ribbon-cutting ceremony was held before the Halloween Ocktoberfest in late October of 2008. If it weren't for COVID-19, mask-wearing, social distancing, and time constraints, there would have been more than 400 signatures on the current petition. She noted she spoke with some of her walking buddies Robert and Julia Tran, Ricardo and Lisa Contreras, and Ruben and Margarita Ortega, who would have signed the petition. Asked what was the City Council going to do about the issue? Speaker Robert Spadaro submitted his comment via email stating he has lived in Rosemead for over 30 years and is 75 years old. He lives two blocks from Rosemead Park with his wife on Rio Hondo Avenue.Mr. Spadaro described he and his wife had used the track daily for the past 12 years;they walk, and his wife jogs. He noted he has a bad lower back and two artificial knees, so walking on the former rubberized trail was a blessing because it helped cushion his steps. In addition, he takes medication for depression. Walking on the trail is very helpful in managing his mental health. The previous track surface was safe and comfortable, accommodated the needs of walkers and joggers with medical issues. He stated that people using the walking trail are very upset the rubberized trail has been replaced with a synthetic material that is hard to walk/jog on. The hardness of the newly resurfaced track is the same as the sidewalk; you can compare both on the east side of the swimming pool where the trail is parallel with the sidewalk,they both feel the same. He described his knees and back hurt when walking on the newly resurfaced track. Morning crowds have diminished to 2 to 3 people walking on the trail or around it. A regular track user tried walking at the Target parking area and almost got a citation for walking there. He stated he walks by the baseball diamond area and in the parking lot becau'se the asphalt has a little more give than the resurfaced track. Unfortunately, because the lighting is not good, he felt unsafe. He stated he observed some of the new trail surface work and saw workers were not doing the work correctly, indicated he has work experience in concrete finishing. The resurfaced trail's quality is subpar; the surface is not adequately floated, bumpy and uneven, and has no stability. If you are at the trail early in the morning, you will see the water from the sprinklers settle in the many dips throughout the track. Mr. Spadaro stated he spoke with Director of Public Works Daste to inform him about the hazardous conditions of the new synthetic trail, in which Mr. Daste told him that he walked the trail with the inspector and did not find any issues, and recommend trails at other parks that are similar to the old track surface.Mr. Spadaro expressed frustration and stated Mr. Daste disregarded his concerns. He reiterated he had been walking on the trail for years and never observe any drainage issue. In addition,tried to inform Mr.Daste about the petition signed by other trail users who Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 9 of 23 share similar concerns, which Mr. Daste did not acknowledge. He urged replacing the new trail with a similar rubberized cover, so residents with medical challenges can also use the trail to exercise. Speaker Nancy Eng submitted her comment via email,stating she was disappointed 111 it took a signed petition by residents to secure the City Council's attention and time to hear residents' concerns. After the Thanksgiving holiday, she was informed by some residents who are regular users of the trail, they were disappointed with the poor workmanship of the resurfaced track and upset they could not use the trail to do their walking exercises, because it was no longer comfortable for them to walk on it. She relayed the complaints to City Manager Molleda in an email on Dec. 11, 2020. A family member with knee and back problems has also used the track and noticed it is much harder to walk on. She reiterated the track was originally constructed with a soft surface material to provide padding and comfort to be more widely used, especially by individuals with knee, back, foot, and other health ailments, seniors, and children. The soft surface material is an acceptable track cover material, but it does have a shorter usable life that the City should plan and budget. She indicated she was not a public works professional with an engineering background, was convinced that the material selected was due to drainage. The City got over twelve years, and thousands of miles of good use out of the original track, and drainage was never an issue. Possibly, over $400,000 may have gone down the drain for a new track surface that some residents with the greatest need cannot use. Mrs. Eng urged the City Council to conduct an audit of the management and execution of the contract to resurface the track, the additional cost for change order/modifications that resulted in a finished product that does not serve the needs of residents and track users; in fact, it has diminished their quality of life by taking away an available and vital exercise option, especially during the COVID-19 reality. In addition, addressing the concerns, even if it means redoing the track cover and potentially having to resort to General Fund Reserves so that the track can be used and enjoyed by all residents to maintain good physical and mental health. The work should be managed by a qualified and experienced professional manager who will be held to account. Finally, a couple of residents she spoke with, felt disrespected and their concerns were dismissed when they called the City and talked with management level staff. When residents and community members take time,effort,and energy to share their concerns,they should be treated with respect and consideration. Mayor Armenta stated the Director of Public Works made comments at the January 12, 2021, City Council Meeting that, "the subbase at Rosemead Park was solid concrete and did not drain. Since the original surface put in at Rosemead Park was incorrect, you can lift it from the surface. What was needed was to find a non-porous surface because of the lack of drainage." She asked Mr. Daste how long he has been with the City and were there any drainage problems reported during his time. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes ofJanuamy 26, 2021 Page 10 of 23 Director of Public Works Daste replied he has been employed with the City of Rosemead about a year and a half and he could only speak on that of the water in the trail where you could physically lift the trail off the floor. Mayor Armenta stated that since 2008 there had been no drainage problem. She indicated she had a conversation with the prior Director of Public Works, Mr. Marcarello, as she was told the drainage was taken care of, and it was addressed during the construction; they never had any drainage problems. If there were a drainage problem, you would know the first winter. Mrs. Armenta continued to refer to Mr. Daste's prior comments stating, "We could not be able to make the concrete surface drainable, as we would have to put holes in the concrete surface. Which will be problematic to the subbase as well as from a cost perspective." She stated she was told that drilling holes was not needed because the slabs were done on a slight slope. She clarified, since the slabs were done in a slight slope, which resulted in cracks in between for drainage. She questioned the rationale for why certain materials were used, contradicts what was known by Council and those people utilizing the trail since 2008. She reiterated there had never been a drainage problem and did not understand why the surface material was changed. The prior material lasted twelve-years and was heavily used. Trails usually have a life expectancy use of ten to twelve-years. She asked if there were drilled holes on the walking trails at Zapopan Park and Jay Imperial Park. Director of Public Works Daste noted that ProDeck made the walking trail surface on the existing trail. Unfortunately, since ProDeck was out of business, City staff could not contact the vendor about the drainage issue. He explained what was found, when an investigation was conducted, the surface did not drain. If the City were to use a surface that does drain, it would affect the warranty, which was not in the City's best interest. He also explained the other two walking trails at other parks were not on a concrete surface. It's a rolled earth surface with a quarter inch of reconstructed tires on top of that and then on a porous surface. Because that surface is not similar to what was in Rosemead Park, you're able to have a surface that drains through the track. Mayor Armenta noted, Mr. Daste's comments that there was a drainage problem, and it contradicted his previous statements that he had never been told about a drainage problem since he has been in Rosemead. Director of Public Works Daste explained you could pull the surface from the concrete because there was water damage. If you could pull up the turf, the road surface,because of water damage,it could be assumed the water cannot be drained, and that's why you're able to pull it up from the concrete. He reiterated that the City would not want that to happen a second time to the new walking trail track. Mayor Pro Tem Low asked Director of Public Works if there was a drainage problem and what did that mean. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 11 of 23 Director of Public Works Daste explained when water does not drain from the surface, it becomes a sponge that gets saturated and spongy, and water will be coming up when you walk on it. Further clarifying they were not able to use that type of surface on a concrete subbase at Rosemead Park, which is why they went with another material. Mayor Pro Tern Low reiterated that drainage meant that when it rains, and people walk on the trail,they would be able to see and feel the surface squishy and a lot of water coming out. Director of Public Works Daste clarified that a drainage problem means that it does not drain, so the water stays saturated underneath the surface. Since the water is saturated underneath the concrete's surface when you walk on the trail, it will be squishy, and water will come up over some time. That would void the warranty if you were to put that type of surface using the existing subbase that does not drain. Mayor Armenta asked Mr. Daste, how many times did he see puddles of water on the trail. Director of Public Works Daste replied he could not speak to that. Mayor Pro Tem Low asked if there have been any resident complaints about the walking trail being flooded. Mayor Armenta stated the comments received by the residents said they did not experience any flooding,yet Mr. Spadaro was told to use another trail by staff. She could not stress that the material previously used lasted twelve-years. She stated that during her research, she found that trails typically last for ten to twelve years. Drilling holes on the concrete was not the only solution. There were never any complaints of drainage problems before. If there were drainage problems on any walking trails, the City Council would have been informed. There are people not able to use the walking trail because it injures them. She asked when the walking trail was completed, and the final payment paid. Director of Public Works Daste replied the walking trail was completed in mid- December 2020. Okan Demirci, Project Engineer, Transtech Engineering Inc., stated the final retention was paid January 12, 2021. Mayor Armenta asked when were the conditions and complaints made of the Walking Trail. Director of Public Works Daste stated he had a conversation with a gentleman who wrote the petition over the holidays. He told the gentleman he would contact him back when he got back from the holidays and after walked the trail with the Design Engineer and Engineer. He explained that he spoke to the gentleman again a week ago. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 12 of 23 Mayor Armenta asked if he contacted the gentleman after the findings with the engineers. Director of Public Works Daste replied no, he had not had the chance to contact him. Mayor Armenta clarified that the gentlemen called him back before Mr. Daste called the gentleman back with the findings. Director of Public Works Daste replied the gentleman called back first. Mayor Armenta reiterated that a complaint was brought to Mr. Daste's attention before January 12, 2021, when the retention release was paid,where the City could have had the company see if there was a possibility of something being done. She asked why the project was pushed to get paid if there were concerns that needed to be looked at. Director of Public Works Daste responded that City staff and the project engineers walked the trail and did not find the concerns previously addressed. Mayor Armenta asked Mr.Daste how many walking trails he had worked on before. Director of Public Works Daste replied the Rosemead Park Walking Trail was his first. Mayor Armenta asked what criteria he looked for constructing the walking trail. Director of Public Works Daste responded that hiring experts to advise on the project's parameters and provide professional recommendations on how and what the trail should look like. Mayor Armenta noted only a construction company was hired for the initial trail constructed in 2008, and no consultant was hired. Furthermore, she asked Mr. Daste if he suggested to Mr. Spadaro utilize another trail with a similar surface as the previous trail in Rosemead Park. Director of Public Works Daste replied the context of what the response was, was not how the conversation went. Mayor Armenta requested the City Manager to investigate the allegations from Mr. Spadaro, on being told to utilize another park with a similar trail surface as the one previously at Rosemead Park? Mayor Armenta asked Mr. Daste if there wasn't any concrete utilized in the Zapopan Park walking trail. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 13 of 23 Director of Public Works Daste affirmed there wasn't any concrete utilized in the Zapopan Park walking trail. Mayor Armenta opened the floor for Council comments to allow her time to review the plans for both Zapopan Park and Jay Imperial Park walking trails. Council Member Dang stated the Director of Public Work's concerns about drainage and putting in a material that could not be warranted were recommendations from the design engineer. He clarified since the concrete subbase is the shape of a U, it acts as a pan, and if you place a sponge-like material on top and it rains, it will saturate with water and over flow over the edges. When the Director of Public Works refers to drainage in the walking trail, he meant what is underneath the rubberized mat. Mr. Daste stated at the previous City Council meeting that drilling holes on the subbase to allow for water to drain to the bottom would be a costly fix. Therefore, the design engineer recommended using a different material for the walking trail,where water would not settle at the material's bottom. Mr. Dang noted he walked the trail and did notice it was firmer but did have some cushion when pressing lightly with his finger. He asked Design Engineer, Brian Nieckula to elaborate on the current material used on the trail. Mayor Armenta added concerns with bumps felt on the trail. Brian Nieckula, Design Engineer, Mulholland Consulting, Inc., explained the lack of a drainage issue on the concrete subbase, caused underneath the existing surface to waterlog and able to pull apart from the subbase was a perpetual draining issue. The rationale for selecting a new surface was to provide something similar to what was existing or was to be replaced. Second,.the nature of the project was a removal and replacement project. We had to be responsive to those existing conditions. The subbase was a bowl, without any way of draining or any real means of emptying water. The other binary criteria was the material used had to be able to shed water at the surface. For the replacement surface to be warranted, the material used had to be installed in accordance with the manufacturer's recommendations which generally do not allow a non-draining base. He noted if you have a permeable surface over an impermeable base, you're liable to pool that water anytime there's a rain event or if there's any irrigation overspray. Mayor Armenta asked how many instances are known of the trail being flooded with the heavy rains since 2008. Mr. Nieckula explained if the rain exceeded the '/2 inch thickness,then any time the intensity produced a rainfall depth of greater than % an inch it would be in those times. It's a safe assumption based on industry-accepted practice that flooding happened during those times. Mayor Armenta asked what type of concrete slabs were in place on the trail. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of Janualy 26, 2021 Page 14 of 23 Mr.Nieckula stated he could only speak on the subbase sections of the trail he worked on, but by virtue of being a non-draining slab with headers on either side that held half-inch thickness, it would collect water. Mayor Armenta stated that the concrete slabs were on a slope. There were no plans because they had to walk and look to see where sloping would take place. Not all subbases were leveled; some were on slopes, only those that needed to drain. Mayor Pro Tem Low asked for clarification on what was meant by certain concrete structure sections were sloped. Mr.Nieckula explained that in the slopes,you have a triangle where it slopes to the inside, and you will have pooling in that recess. The surface is laid on top, and unless it's super elevated to the point where you're overcoming the whole edge, there will be pooling in those triangles. Mayor Armenta asked if a walking trail had a drainage problem, what would the life expectancy be. Mr. Nieckula stated it was fortuitous that the trail did last that long, and when you plan a project, you anticipate it being less than the design surface service life or earlier. Mayor Armenta asked Mr. Nieckula how many walking trails he had worked on before. Mr. Nieckula replied he had worked on several walking trails, in the tens, in a construction management capacity. The Rosemead Park walking trail project was a project akin to many of the grading and trench projects that he had worked on. Mayor Armenta asked Mr. Nieckula about his knowledge on walking trails; would he be knowledgeable of a trial's life expectancy if it was heavily flooded or had drainage problems to be ten years? Mr. Nieckula replied that we generally rely on the manufacturer to provide their evaluation and recommendations of the service life,which is generally captured by the warranty. An adequately designed walking trail lasts typically as long as the warranty does. Mayor Armenta expressed she found that interesting since the one that had heavy draining problems lasted twelve years.We change materials,but the life expectancy is now two years less, and people are having difficulty walking the trail. Mayor Pro Tern Low asked if staff knew the original trail's life expectancy. 111 Mayor Armenta replied ten to twelve years, and it lasted towards the end of the expectancy of 12 years. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 15 of 23 Mr. Nieckula stated it's important to note that to have the warranty in place, you have to design and construct the surface correctly. If you were to try to recreate a porous playground surface on top of a nondraining concrete base that does not have draining holes or otherwise not designed to drain, they would not warrant it. Mayor Armenta inquired if the previous walking trail was warranted? Mr. Nieckula responded he did not know how long it was warranted before The vendor went out of business; also, could not speak to its history as he was not here in 2008 for the initial walking trail. Mayor Armenta redirected the trail's warranty question to Mr. Daste, noting to say that you were not here in 2008 is understandable because you already stated you have only been here a year and a half, but we have our data. Director of Public Works Daste opined there was a warranty, but I did not know what it was. Mayor Armenta opined the City would not approve a city project or facility that is not going to garnish a warranty. To know that a walking trail is two years less than its life expectancy and where we have plenty of complaints that it is too hard, uneven, and would instead use the sidewalk over the walking trail, I have to agree with residents whose taxpayer money is used. How was this walking trail paid for? Director of Public Works Daste referred to a staff report, stated there was a total project budget of$285,000 and that the City Council approved to allocate $5,000 in General Funds, $147,000 in Measure R Funds, and $133,000 in TDA Funds towards the project. He also noted additional funding for $150,000 in Measure R Funds was approved for the project in the Fiscal Year 2020-2021 budget. The total available construction budget for the project is$420,000. He clarified an error there were no General Funds used in this project. Mayor Armenta stated residents are correct, their taxpayer money went into reconstructing this walking trail. Mayor Pro Tern Low stated whether the funds came from the General Funds, it is still taxpayer money. Mayor Armenta noted that Mayor Pro Tern Low is aware of what praises, complaints, and difficulty the initial walking trail at Rosemead Park had as she was on the Council when it was designed and constructed. Expressed, she wants the residents to know that she acknowledged their concerns, and spoke on their behalf, and agreed to look at the walking trail.Reiterated for the past twelve years, Council never received complaints of drainage problems in the sense of puddling. Per the former Public Works Director,the subbase was slightly sloped to accommodate the different grading in the park—the grading will determine where the sloping of the subbase takes place. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 16 of 23 Council Member Dang responded that our former Public Works Director is correct, since the park is not mathematically flat,you would need to walk the park to follow the topography of it. Opined there is confusion of the word drainage, sloped meaning surface drainage because it is compensated because of the sloping and following of the contours. Asked Mr. Nieckula to draw a diagram of the u-shaped pan because that subbase has two headers on each side, the u channel goes around the whole trail,there are no holes or points for it to reach out. Speculated that's why Mr. Nieckula said the manufacturer would not provide a warranty if they used the old spongy material. He asked if he could draw a diagram of the other parks with gravel or sand subbase to show that if the water is trapped in the sponge, it will percolate downward because of the gravel subbase as opposed to the concrete subbase at Rosemead Park. Mr. Nieckula concurred with Council Member Dang, stating he described the merit's of the new trail surface by virtue of having the slopes, the drainage takes place on the surface, and the water does shed. Mayor Pro Tem Low opined she found it strange that the Council did not hear from residents about said drainage problem or even a concern of a puddle at the park over the last twelve years, otherwise Council would have addressed it. Suggested maybe since the slopes were designed a certain way, it doesn't get flooded when it rains. Stated since our subbase was concrete, the manufacturer would not warranty this cushioned material, there was have no choice but to proceed with the harder material. Asked if staff searched during the process for another manufacturer that would warrant the previous material. She wanted to be fair to the residents and have staff check to see if we did a good job. Mr. Nieckula thanked Mrs. Low and indicated staff did the best to respond to the current conditions. Council Member Dang said to put things into perspective, that pan is only an inch, inch and half thick; the flooding of the pan is an 1/8 of an inch. Mayor Pro Tem Low stated regarding draining the water, perhaps we did a good job of following the topography so the water flows to ensure it does not flood; the fact that concrete subbase is like a pan, you will always have water sitting there, which is why the manufacturer will not warranty it. Mayor Armenta opined if there were a drainage problem underneath, the material would have deteriorated faster,and it would not have lasted twelve years,regardless of how you want to describe drainage. Mayor Pro Tem Low replied it is good for the City that the material lasted twelve years, but that case does not help our current case. Mayor Armenta inquired if it was possible to find a manufacturer that would warrant the material or something similar that was used before the resurfacing of the trail. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of Januaiy 26, 2021 Page 17 of 23 Mr. Nieckula responded no, explained the nature of the industry is for surfaces, by virtue include porous or correctly designed base materials, we found through evaluation of about ten manufacturers in the playground space which is akin to what was there. We looked at competitive running tracks, walking tracks, and given the parameters of a nondraining base, we narrowed it down to two. What you have in place now is the most similar. Mayor Armenta asked if it was possible that the information given to the manufacturer could have determined whether they would warrant the materials; stating if you knew the subbase was sloped, and you didn't know that. She opined if a manufacturer was told that some subbases are slanted that they would not warranty the materials. Mr. Nieckula displayed a sketch showing two headers on either side on a concrete base, so as soon as the water comes down, you would be filling all the voids up until the point where the water would sit on the surface. Again, it is still a sponge, not to say it is sloped enough to where the water will shed very well. Emphasized there is no difference, and even if you slope it, you are still pulling water in there. Mayor Armenta requested a list of the manufacturers that were consulted during the evaluation of material. Mr. Nieckula affirmed a list would be provide to the City Council. Mayor Pro Tern Low thanked the staff for explaining the reasoning behind the new material used in the resurfacing project; she expressed that she now had a better understanding. Council Member Dang opined Mr. Daste, Transtech, and Mulholland, identified the problem from the previous design and could not find a manufacturer that would warrant that same cushioned material since it would not drain. They managed to find material denser that allows the surface runoff. Indicated he would like to discuss the twelve-year warranty issue; residents only see the surface, and unless there is a tear, we can visually see it. If we hire an investigator, they could easily cut off samples to tell you the glue was holding it together,which was coming apart, and the fact that it was in use for twelve years does not mean it was guaranteed to have that life. Mayor Armenta stated no one knew how deteriorated the subbase was. She referred to comments made by Mr. Daste stating, "Since the original surface put in at Rosemead Park was incorrect,you could actually lift it up from the surface."There is no mention of concrete damage. Asked if there is any documentation of the subbase being deteriorated or damaged? Director of Public Works Daste responded once we took the walking trail off, several areas needed to be repaired, some of the concrete needed to be j ackhammered out and repaved. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 18 of 23 Council Member Dang clarified at the previous Council meeting that Mr. Daste described the adhesive that was bonding the rubberized mat to the concrete base; opined because of the water tension, it was eating away the adhesive, so he was able to lift up the rubberized mat. Mr. Daste affirmed that Council Member Dang is correct: Mayor Armenta noted Mr. Daste also- said, "The Design Engineer found a nonporous surface designed specifically for walking, also for bikes if that were necessary;this meant when it rains,the rain will not go through the surface and into the subbase." Asked Mr. Nieckula if he was able to find a nonporous surface designed specifically for walking? Mr.Nieckula confirmed that is what the City has now. Council Member Ly stated he made an effort to walk and jog the trails at both Rosemead Park and Zapopan Park; however, he did not have a chance to walk the Jay Imperial Park recently.From his perspective,historically,the trail at Rosemead Park has always been stiffer than the one at Jay Imperial Park. He has brought up to the City Manager and Director of Parks and Recreation the trail at Jay Imperial Park is about 4 years old, at year two we already saw a lot of give in that trail, a lot of lifting of surfaces; noting he recently saw staff fix a hole of the trail near the restroom and basketball courts. Asked if we know there is quicker wear and tear at Zapopan Park versus the one at Rosemead Park? Was certain material used differently?This predates the current staff but interested if anyone has any insights into that. Director of Public Works Daste replied he did not have any insights into that; however, Mr. Ly was correct that staff has completed several repairs to the other trails. Council Member Ly asked if there has been any wear and tear on Jay Imperial Park trail? Director of Public Works Daste opined he assumed there have been repairs at Jay Imperial Park but would need to confirm with Public Works Manager Garwick. Council Member Ly indicated the material that everyone was hoping for at Rosemead Park would've been the same material used at Jay Imperial Park and Zapopan Park. Mr. Daste explained that's where the confusion is —the current trail at Rosemead Park is designed specifically for walking. In contrast,its previous trail was more of a playground surface, which was spongier and airier. So there really is a contrast between what was in there before and now. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 19 of 23 Council Member Ly noted he took the advice from Mr. Spadaro to jog/walk the trail close to the concrete to make the comparison. Opined it was consistently as tough as it was in the past, and only a marginal difference from then and now. Inquired if the past material is the same as the one at Jay Imperial Park. Director of Public Works Daste replied he's understanding it was,but reiterated,he • hadn't looked at both of them specifically. Council Member Ly said, let's assume the Rosemead Park trail was as soft as the one at Jay Imperial, would there be a reason why it got so stiff within a two-year timeframe? Mr. Nieckula stated he would rather not speculate; however, assuming the other park had a gravel base or not considered a rigid pavement like concrete, the base layer could be more impacted over time as its used. Council Member Ly responded it is possible the City was lucky in the past twelve years that Rosemead Park did not incur serious damage. Mr. Nieckula concurred it is to the City's benefit that the trail lasted twelve years, but in the nature of a replacement project, you will rely on the manufacturer warranty for the next ten years. Council Member Ly indicated when he is thinking of drainage, it is like a sink, water comes up, stops, and stays there; noting there is not only one definition of a drainage issue, another could be that the water pulled even if it does not cause any damage, it is a regulatory issue of still water. Mr. Neickula stated moving beyond the longevity of the surface, our number one concern is the residents' safety as we want to avoid a resident slipping and falling because of pulled water. Council Member Ly noted as Council we determine what our risk tolerance is. Asked if you can walk us through our options to address what the community wants and the associated costs. Director of Public Works Daste responded, with the concrete subbase, the surface that is in there right now is all we can have, which is a nonporous surface. We would have to tear out the concrete and entire park to have a different subbase. Mr. Nieckula generated a rough cost estimate for the replacement of$944,000. Council Member Ly inquired if a compromise with the residents could be by putting a softer cap on top of what is currently installed. Mr. Nieckula replied it is possible to add another layer to the top of the existing surface; however, it will probably be less aesthetically pleasing as opposed to 111 Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 20 of 23 replacing it as you would have beveled edges which will look strange and it will also produce higher rebounding surface. It would certainly not be a preferred option.Noted adding another inch layer could cost around $100,000. Council Member Ly ascertained there are three options: 1) Do nothing, however residents will be unhappy; 2) Try to compromise with the added top surface which will roughly cost$100,000 with possible engineering issues;or 3)Restart the whole project at a costly amount. Mayor Pro Tern Low asked if we add that extra layer would it cause a potential tripping hazard? Mr.Nieckula confirmed yes,there are some potentials; it's certainly something that would need to be explored further. Director of Public Works Daste asked if that extra layer is added, could that be warranted. Mr. Nieckula stated in his conversations with the manufacturer in the last two weeks, it could be warranted with conditions. Mayor Armenta asked when we first moved forward with resurfacing the walking trail, what was the suspected cost of the project? Director of Public Works Daste responded that the original cost was$285,000 when the CIP carried over. The resurfacing was approved for $411,000. Mayor Armenta inquired if that budget was in today's market price? And if that was including if there wasn't heavy damage? Director of Public Works Daste stated yes that is in today's market price and the total was after it was engineered by Mr. Nieckula. Mayor Armenta indicated she understood there are different definitions of drainage; explained if there is a pull underneath, and heavy damage because of the drainage to the subbase,the project would have been brought back to the Council for money to be able to fix the drainage issues.Noted she asked how much damage was made to the subbase and was told just some parts here and there. Asserted if there were drainage problems, from erosion, the cement would've deteriorated, which would have caused major damage to the subbase, and the $411,000 would not have been enough to fix the subbase. Mayor Pro Tern Low opined we are past the point of whether there was a drainage issue or not and the problem now is the current design of the subbase; it is clear we are not able to get the more squishy material as the previous one. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes ofJanuary 26, 2021 Page 21 of 23 Council Member Ly stated it is the equivalent of having a car that has a defect and now the insurance company will not insure that driver for that car. Mayor Armenta stated the problem is we are being told that it was incorrectly constructed, and what is being relayed from the Director to the City Council and manufacturer is a big concern. Mayor Pro Tem Low pointed out at that time, the City was able to get that type of material, emphasizing as time passed, the industry no longer allows that same type of material. Mayor Armenta replied yes, materials change as they become outdated and regulation changes. Reiterated she would like Council to be provided the list of the 10 manufacturers and their contact information. She also asked that the options, costs,and any ramifications for those options be provided.Asked the City Attorney if that was sufficient for direction. City Attorney Richman stated if you have consensus from the Council, then that direction can be carried out. Council Member Ly added this item should be presented to the Parks Commission to look at potential ideas and receive public comment before it comes back to Council for further review. Council Member Clark stated she learned the saying, "Ask an engineer to do something, he will say he can't do it. Tell him he has to, and he will find a way." We are telling the engineers to find a way to figure this out. Noted there could potentially be grants from the Rivers, Mountains and Conservancy; emphasized let's explore all options. By consensus,the City Council directed staff to take the following actions: • Provide the contact list of 10 manufacturers from the resurfacing project. • Provide the options,associated costs, and any ramifications for those options. • Referred the item to the Parks Commission to discuss and assess potential options and receive public comment before it comes back to Council for further review. C. Council Comments Council Member Dang stated he agreed with Mayor Pro Tern Low about expanding the Live/Work citywide. Requested that staff bring back for discussion at a future meeting. Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 22 of 23 7. ADJOURNMENT Mayor Armenta adjourned the meeting in memory of Frank Harold Chavez and Elida Guzman at 12:02 a.m. The next regular meeting will take place on February 9, 2021, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED Gk - 71/nh-vp-i csrp Sandra Armenta, Mayor Rosemead City Council, Housing Development Corporation, and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of January 26, 2021 Page 23 of 23 •