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CC - Minutes - 03-09-21 MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 9,2021 The regular meeting of the Rosemead City Council was called to order by Mayor Armenta at 7:18 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, Dang, and Ly (teleconference) ABSENT: None PLEDGE OF ALLEGIANCE was led by Council Member Dang INVOCATION was led by Mayor Armenta STAFF PRESENT: 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 1. PUBLIC COMMENT Mayor Armenta opened the Public Comment period. Public comment was received via telephone from an anonymous Rosemead resident stating, as a citizen of Rosemead, requested the City Council address the City's homelessness issue. While at the Dry Cleaners store, located at 8877 Mission Drive, witnessed a middle-aged homeless man dropped his pants exposing his bottom to where children could have seen, and started defecating right outside on a small area of grass in the parking lot. The homeless man clearly needs help, as do a lot of the homeless in the City. Wanted to bring the issue to the attention of the City Council and to address the homelessness issue. Lu Cruz, Special Education Teacher for the Montebello School District, expressed concerns with charter schools entering the City of Rosemead. Mrs. Cruz reiterated that charter schools do not accept all children with disabilities as public schools do. School districts are experiencing some financial hardships but have continued many programs such as the dual language and coding programs. Urged the City Council to work with school districts not to allow charter schools to enter and place a moratorium on charter schools. There being no further speakers, Mayor Armenta closed the Public Comment period. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 1 of 20 2. PRESENTATION A. Proclamation Declaring the month of April 2021 as "DMV/Donate Life Month" in the City of Rosemead Mayor Armenta read the Proclamation declaring the month of April 2021 as "DMV/Donate Life Month" in the City of Rosemead. Rachel Bennett Steury, on behalf of OneLegacy, Ambassador to the City of Rosemead, thanked and accepted the proclamation for DMV Donate Life for the Month for April. Mrs. Steury spoke about her journey as a kidney donor and the importance of organ, eye, and tissue donation. Encourage civic officials to join in celebrating Donate Life California month by issuing proclamations. Everyone can make a difference by joining the millions of Californians who have checked Yes at the DMV, or online at Donate Life california.org. Mayor Armenta-stated she had the opportunity to place a rose at One Legacy's Annual Rose Parade Float to honor those who had donated their organs. Council Member Clark stated she appreciates what One Legacy's does and shared a friend from National League of Cities Energy Environment Committee, his brother was killed, and his organs were donated. Council Member Dang thanked Mrs. Steury for sharing her story on donating her kidney. Mayor Pro Tem Low thanked Mrs. Steury for her work with One Legacy. Council Member Ly thanked Mrs. Steury on her commitment to the cause and encourage everyone to donate to help prolong and increase the quality of lives of so many people. 3. PUBLIC HEARING A. Public Hearing to Consider Amendment to the CDBG and HOME Citizen Participation Plan and Substantial Amendment to FY 2019-2020 and FY 2020- 2021 Annual Action Plans The purpose of this public hearing is to provide the public with an opportunity to comment on the Amendment to the Citizen Participation Plan and Substantial Amendments to the City's FY 2019-2020 and FY 2020-2021 Annual Action Plans. Amendment to Citizen Participation Plan U.S.Department of Housing and Urban Development(HUD)requires participating jurisdictions to adopt a citizen participation plan establishing policies and procedures for citizen participation. As required by HUD regulations found at 24 Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 2 of 20 CFR 91.105, the Citizen Participation Plan sets forth the City of Rosemead's policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning,implementation,and evaluation of the Community Development Block Grant (CDBG) and HOME Investment Partnerships(HOME)programs. Staff is revising and clarifying process and procedural requirements to the Citizen Participation Plan. Substantial Amendments to Action Plans In accordance with the HUD 24 CFR Part 91.505,and the Citizen Participation Plan of Rosemead, Substantial Amendments to fiscal year (FY) 2019-20 and FY 2020- 2021 Annual Action Plans are required. The Substantial Amendments are needed to: (1) Cancel CDBG and Community Development Block Grant-Coronavirus (CDBG-CV1) activities: and (2) Re-allocate and increase funds to CDBG, HOME and CDBG-CV1 programs to existing activities. Recommendation: That the City Council take the following actions: 1. Conduct a public hearing and receive public testimony; 2. Approve the Amendment to the City of Rosemead Citizen Participation Plan; and 3. Approve the Substantial Amendments to the FY 2019-2020 and FY 2020-2021 Annual Action Plans. Director of Community Development Frausto-Lupo reported the Public Hearing was to provide the public with an opportunity to comment on the Amendment to the Citizen Participation Plan and Substantial Amendments to the City's FY 2019- 2020 and FY 2020-2021 Annual Action Plans. The U.S. Department of Housing and Urban Development(HUD)regulations also require the adoption of an Annual Action Plan to provide a summary of the activities, programs, and the specific funding that will be used to address the priority needs and specific goals identified in the Consolidated Plan. The proposed changes to the Fiscal Year 2019-20, and Fiscal Year 2020-21 Annual Action Plans, meet the definition of a substantial change for the City's Citizen Participation Plan, and therefore requires a substantial amendment. The Substantial Amendments are needed to Cancel CDBG and Community Development Block Grant-Coronavirus (CDBG-CV1) activities, and reallocate and increase funds to CDBG, HOME and CDBG-CV1 programs to existing activities. Staff is proposing to cancel the Summer Youth Employment Program, because the Parks and Recreation Department was not able to implement the program due to COVID-19. Mrs. Frausto-Lupo explained the funds used for the Summer Youth Employment Program, were being transferred to supplement the Senior Nutrition Program for FY 2020-21. Cancel the proposed CDBG-CV1 funds to the Senior Nutrition Program, because seniors could not document that they were impacted financially by COVID-19, which was a requirement by HUD. Cancelling the Emergency Utility Payment Program, the City is not canceling the Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 3 of 20 program entirely, the program was still available through the Rental Assistance Program and the HOME funds. Staff initially requested to allocated $10,000 to provide personal protection equipment(PPE)to sub recipients. However,due to the generosity of various groups,sub recipients have sufficient PPE,therefore requiring the cancellation of those funds. Increase in HOME funds in Fiscal Year 2019-20, were proposed to provide rental assistance to residents. Staff is also proposing to increase the business assistance program through the CDBG-CV 1 funds. Lastly, the Commercial Facade program, is being cancelled for Fiscal Year 2020-21, because businesses have had it difficult to take loans to make improvements to store fronts during the pandemic. Mayor Armenta opened the Public Hearing. There being no comments were submitted, closed Public Hearing. Council Member Clark explained she asked the Director of Community Development Frausto-Lupo about the current First Time Home Buyer Loan Program. She expressed concerns about the program's current limit states that homes must be $500,000 or less. She asked if it was possible to increase the cap amount to meet inflation in the housing market. Director of Community Development Frausto-Lupo stated that Council Member Clark was referring to the Down Payment Assistance Program, which was not an item on the agenda,but had provided Council Member Clark with some information previously. She explained that a request to HUD to increase the cost of the purchase price,currently at$522,000 could be made during the revision to the Annual Action Plan. Mayor Pro Tem Low referred to page 3 of the staff report and inquired about the proposed new action plans the Fiscal Year 2019-20, since it had passed. Director of Community Development Frausto-Lupo explained when staff works on the Annual Action Plan, staff identifies programs and allocates funds to specific programs. There was an allocation of$25,000 of funds in the Annual Action Plan for Fiscal Year 2019-20 for the Summer Youth Employment Program. Since the funds were not used in Fiscal Year 2019-20,the program must be canceled,making changes to the Fiscal Year 2019-20 allocated funds. The City has up to five years to use the funds or lose them. Mayor Pro Tem Low asked what the differences were of the current Citizen Participation Plan and the proposed draft amendment of the Citizen Participation Plan. Director of Community Development Frausto-Lupo replied Attachment A was the current Citizen Participation Plan which was done in 2015. Although HUD does not require a new Citizen Participation Plan, staff wanted to expand the Citizen Participation Plan in more detail. The proposed draft amendments include identifying all the required documents, listing them in the new updated Citizen Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 4of20 Participation Plan, and then listing what the Citizen Participation Plan is for each document. Mayor Pro Tern Low asked if there were items that HUD required to be in the proposed draft Citizen Participation Plan. Director of Community Development Frausto-Lupo stated the reason why staff decided to amend the Citizen Participation Plan,was not only to clarify and identify the programs and the requirements,but also due to a change in percentage from 25 - percent to 50 percent in the amount of a particular activities budget. CDBG & HOME Consultant Priscilla Davila, of Priscila Davila & Associates explained the new Citizen Participation Plan breaks down all the documents required by HUD such as the 5-Year Consolidated Plan, Annual Plan, CAPER report, and other documents. There is specific timeframes, explanations, and noticing requirements about public hearings. Residents can understand.when and how they can make comments on the documents. Mayor.Armenta reiterated that since the Summer Youth Employment Program funds were not used for 2020, those funds could be reallocated to the Fiscal Year 2020-21. Asked if the City opens facilities and resumes programs and the Summer Youth Employment Program funds are taken away, can there be an allocation to resume the Summer Youth Employment Program. Director of Community Development Frausto-Lupo explained since the funds were not used, and the fiscal year ends in June, staff will bring back in April with the Annual Action Plan to include the Summer Youth Employment Program to be funded again for Fiscal Year 2020-2021, which begins July 1. Council Member Dang inquired about how the Senior Nutrition Program was funded and why the program needed to be supplemented with more funds. Director of Community Development Frausto-Lupo explained the Senior Nutrition Program is funded by CDBG Funds at $60,000. Due to the Pandemic, the City received additional special funds called Coronavirus Funds through the CDBG program, which was not used. The seniors were not able to document the financial impact, as required by HUD. However, through the regular Senior Nutrition Program, Parks and Recreation did see an increase in seniors using the program. Therefore, staff is proposing to increase the funding request through a substantial amendment by $34,885, which reallocates from the Summer Youth Employment Program, in addition to the regular $60,000. Mrs. Davila added the Senior Nutrition Program received regular CDBG funds of $60,000 and in addition received$14,946 in CDBG-CV1 funds.The regular CDBG funds for 2019, were used, but not the CDBG-CV1 funds. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 5 of 20 Council Member Dang reiterated the Senior Nutrition Program would be funded at,$94,085 since the Summer Youth Work Program funds of$34,885 was being added to the regular CDBG funds for Senior Nutrition Program. CDBG & HOME Consultant Priscilla Davila replied correct. Council Member Dang asked if the Summer Youth Employment Program funds could be used to fund the City's graffiti abatement program. Director of Community Development Frausto-Lupo replied no, since the graffiti abatement program was not originally part of the Annual Action Plan, the Summer Youth Employment Program funds could not be dedicated for graffiti abatement. ACTION: Moved by Council Member Clark and seconded by Council Member Dang to approve the Amendment to the City of Rosemead Citizen Participation Plan and approve the Substantial Amendments to the FY 2019-2020 and FY 2020-2021 Annual Action Plans. The motion was carried out by the following roll call vote AYES: Armenta, Clark,Dang, Low, Ly NOES: NONE 4. CONSENT CALENDAR Mayor Armenta announced Agenda Item 4C and 4F were pulled for separate discussion. ACTION: Moved by Mayor Pro Tern Low and seconded by Council Member Dang to approve Consent Calendar Items A, B, D and E, with an exception on C and F. 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. 2021-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $498,005.69 NUMBERED 108424 THROUGH NUMBER 108508 Recommendation: Adopt Resolution No. 2021-08. • Resolution No. 2021-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,333,058.87 NUMBERED 108509 THROUGH NUMBER 108597 Recommendation: Adopt Resolution No. 2021-09. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 6 of 20 B. Approval of Minutes Recommendation: That the City Council adopt the regular meeting minutes of March 24, 2020 and January 26, 2021. D. Resolution Authorizing the Application for Grant Funds from the California Department of Parks and Recreation The City of Rosemead has another opportunity to apply for grant funds through the Statewide Park Program (SPP) competitive grants, made available through Proposition 68, will create new parks and new recreation opportunities in critically underserved communities across California. Eligible projects include creation of new parks, expansion of existing parks, or renovation of existing parks. Grant requests can range from $200,000 to $8.5 million, with no match requirement. Grant applications are due March 12, 2021. Recommendations: That the City Council adopt Resolution No. 2021-10, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS E. 2020 General Plan and Housing Element Annual Progress Reports California Government Code § 65400 requires the filing of both a General Plan and Housing Element Annual Progress Report by April 1St of each year, for the prior calendar year, with the State Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). State law also requires that the Annual Progress Reports be presented at a public meeting before the City Council where members of the public are given an opportunity to comment on the City's progress. This agenda item meets these statutory requirements. The General Plan Annual Progress Report(Attachment"A") summarizes the status of the City's General Plan and progress in its implementation. The Housing Element Annual Progress Report (Attachment "B") summarizes low- to above moderate-income residential building activity;Regional Housing Needs Allocation (RHNA) progress; and progress of the housing program implementation for the 2020 calendar year. The Housing Element Annual Progress Report was prepared on forms provided by HCD, using definitions adopted by HCD. Recommendation: That the City Council take the following actions: Rosemead City Council Regular Meeting - Minutes of March 9, 2021 Page 7 of 20 1. Receive and file the 2020 General Plan and Housing Element Annual Progress Reports; and 2. Direct the Community Development Department to transmit the 2020 General Plan and Housing Element Annual Progress Reports to the Governor's Office of Planning and Research and California Department of Housing and Community Development. The following agenda items were pulled for separate discussion. C. Compensation Resolution for Full-Time Employees Amending Resolution No. 2020-41 Resolution No. 2020-41 established the compensation levels for Full-Time Classifications effective July 1, 2020. The City Council will consider the approval of a revision to the Salary Schedule for Full-Time Employees. Recommendation: That the City Council adopt Resolution No. 2021-07, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING RESOLUTION NO. 2020-41 ESTABLISHING THE COMPREHENSIVE SALARY SCHEDULE FOR ALL FULL-TIME CLASSIFICATIONS IN THE CITY OF ROSEMEAD Mayor Armenta expressed concerns with the Office Specialist position showing as a part-time position and as a full-time position on another document. Explained that the City Council approved the Fiscal Year 2020-2021 budget part-time position with 1200 hours under the City Manager and 1200 hours under Human Resources Department. Referenced the September 22, 2020 staff report, where the position is noted as a full-time position and in the Fiscal Year 20-21 Budget, the Summary of Authorized full-time positions the Office Specialist was not approved as a full-time position. In addition,the staff report also indicates a Management Analyst position starting at $5,082 to $6,470, when the February 12, 2019 staff report shows a starting salary as $4,689,which is the only position that had a different starting pay. Mayor Armenta tabled the item to a future meeting and requested further clarification for the record on the positions for Office Specialist and Management Analyst. She asked how the Office Specialist position was approved as a part-time position in the 2020-2021 Fiscal Year Budget and now shows as a full-time position in Resolution 2020-41. Secondly, asked for clarification on the mid-management professional confidential services salary range for Management Analyst that is listed as $4,689. Third, asked for clarification on the funding sources of the Office Specialist position. Assistant City Manager Kim reiterated Mayor Armenta's request for clarification Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 8 of 20 on the discrepancies for the Office Specialist and Management Analyst positions and salary range would be brought at the next meeting. Mayor Armenta reaffirmed her questions and noted she did not have a chance to speak to staff about her concerns prior to the City Council meeting. It was reiterated that responses to her questions should be shared with the rest of the City Council at a future meeting. F. City Council Designation and Appointment of Interim Finance Director/Treasurer as a Retired Annuitant Position The City has been trying to recruit a permanent Finance Director for the past year. However, with the current COVID-19 issues and other factors, the City has been unable to fill the position. Until the City can fill the position, staff requests the City Council appoint a Retired Annuitant to the position of Interim Finance Director/Treasurer as authorized per California Government Code Sections 7522.56 and 21221(h) and to ensure adequate staffing during this state of emergency. Recommendation: That the City Council take the following actions: 1. Approve the position of Interim Finance Director/Treasurer and authorize the position as a Retired Annuitant Position per California Government Code Sections 7522.56 and 21221(h); and, 2. Approve the appointment and authorize the City Manager to sign the agreement on behalf of the City with Paula Chamberlain as the Interim Finance Director/Treasurer; and 3. Adopt Resolution No. 2021-11, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPOINTING A RETIRED ANNUITANT TO THE POSITION OF INTERIM FINANCE DIRECTOR/TREASURER FOR A LIMITED DURATION PURSUANT TO GOVERNMENT CODE SECTION 21221(h) Council Member Dang asked to pull the item for discussion and clarification on why Dr. Scott Miller was not able to continue as the Interim Finance_Director. City Attorney Richman explained the City had not yet been able to find a permanent Finance Director, therefore, found another retired annuitant who would serve in that interim position. Dr. Scott Miller's contract expired and PERS has rules that all retirees mush follow or they can be reinstated as an employee and lose their retirement benefits. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 9 of 20 Assistant City Manager Kim stated that Paula Chamberlain is an experienced Finance Director with a number of years in the municipal sector. Mrs. Chamberlain references were strong and understands the City's needs and goals. Council Member Dang asked how the position was advertised. Assistant City Manager Kim replied Mrs. Chamberlain was referred to the City and as an experienced professional that was available to assist the City, while a permanent Finance Director is recruited. Mayor Pro Tern Low asked how long the City has been soliciting for a Finance Director. Assistant City Manager Kim stated the City hired a recruiter to assist with the Finance Director recruitment. There was one candidate that tentatively accepted, but later declined the position. Council Member Dang asked if there was a shortage of Finance Directors within the industry. Assistant City Manager Kim replied there are several cities actively recruiting for Finance Directors or Assistance Finance Managers. Council Member Clark asked if the City was offering a comparable salary compared to other cities. Assistant City Manager Kim replied salary surveys are done with surrounding cities. ACTION: Moved by Mayor Pro Tern Low and seconded by Council Member Dang to approve the position and appointment of Interim Finance Director/Treasurer and authorize the position as a Retired Annuitant Position per California Government Code Sections 7522.56 and 21221(h); authorize the City Manager to sign the agreement on behalf of the City with Paula Chamberlain as the Interim Finance Director/Treasurer; and adopt Resolution No. 2021-11. The motion was carried out by the following roll call vote AYES: Armenta, Clark,Dang,Low,Ly NOES: NONE 5. MATTERS FROM CITY MANAGER& STAFF A. Approval of Third Amendment to City Manager Employment Agreement On February 9, 2021, the third amendment to the City Manager employment agreement went before the City Council for approval. The City Council tabled the item for further discussion. The City and the City Manager entered into an Employment Agreement ("Agreement") on January 16, 2018. The Contract was extended and amended in February 2019 and February 2020. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 10 of 20 increases in salary. Pursuant to Section 3 (a)(i)(1) of the Agreement, the City Council conducted the City Manager's performance evaluation on January 26, 2021. The City Manager received an "exceeds expectations" review with a 4.0 rating. An exceeds expectations review entitles the City Manager to a 4% salary increase. A 4% increase would bring the City Manager's total annual salary to $232,998.27. The City Council is also being asked by the City Manager to change the current severance of 9-months pay and benefits to 12-months pay and benefits in the event of a not for cause termination-by the City Council. Recommendation: That the City Council consider approving an amendment to the City Manager's Employment Agreement granting a 4%salary merit increase for an "exceeds expectations" performance evaluation to $232,998.27 effective February 9, 2021; and consider approving an amendment that would change the current severance of 9-months pay and benefits to 12-months pay and benefits. Mayor Armenta reported City Manager Molleda was requesting a 4% increase in pay, which brought her salary to $232,990.27. In addition, she was also asking for a total 12-months' severance pay. Council Member Clark requested to bifurcate the two items for consideration because she had concerns with granting a raise during the pandemic, when there are so many people hurting. During COVID-19, people are losing their jobs, worried about their next meal, and worried about staying alive. Additionally, amending her contract to increase severance pay, would kick in if there is a separation in the event of a not- for-cause termination by the City Council. Reiterated she did not support the increase in severance pay due to issues involving employees that have not been resolved, resulting in the employees unionizing, that is the reason she voted against the City Manager's salary increase. Council Member Ly asked for clarification on how the two items were being presented for approval. City Attorney Richman explained the two items on the staff for approval was the merit increase of 4%. The second item was the consideration to amend the contract to go from 9-months to 12-months severance pay. The first item is described in the contract, that is the process the contract provides for, if you give the exceeds expectations,you get the 4%. That comes back because that's the process, and that was agreed to with the City Manager. The second item was not part of the performance evaluation, therefore a separate item. Mayor Armenta reiterated the recommendation for consideration was for approving an amendment to the city manager's employment agreement, granting a 4% salary merit increase for an "exceeds expectations performance" evaluation to $232,998.27 effective February 9, 2021. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 11 of 20 Council Member Clark stated she was not in favor and that a City Manager at another city had turned down a raise twice for the last two years and its unprecedent at this time to give raises. Mayor Armenta stated that former City Manager Jeff Allred, did not take his merit increases when entering an economic recession. Although Ms. Molleda earned her 4.0 merit increase rightfully, the Council needs to take in consideration the total amount. The total amount is more than what the President of the United States makes, but that is the average of a City Manager's salary. They should not be faulted, but you can't compare somebody that isn't even making $50,000 to $232,990.27. Noted there are other surrounding cities where the City Manager has taken a 10% pay cut, even though that person received high marks on their evaluation. ACTION: Moved by Mayor Pro Tern Low and seconded by Council Member Dang to approve an amendment to the City Manager's Employment Agreement granting a 4% salary merit increase for an"exceeds expectations"performance evaluation to $232,998.27 effective February 9, 2021. The motion was carried out by the following roll call vote AYES: Dang, Low,Ly NOES: Armenta and Clark Mayor Armenta opened the floor for Council comments in consideration on approving an amendment that would change the current severance from 9-months pay and benefits to 12-months pay and benefits. Council Member Ly stated he had no issues with the request and understood that the City Manager's job can be impacted by every election and that job security was 111 important. In the past, there have been contracts with other City Managers like Frank Tripepi and Bill Crowe which had 18-months severance pay in their contracts. Councilmember Clark stated she was shocked to see this put on the agenda because the issues she previously brought up, and she has not seen any progress on the serious allegations from some of the employees.And she did not feel that this would help in resolve those issue. Expressed concerns with the requested additional three months' severance pay, during these challenging times she could not support the recommendation. Council Member Dang asked what the severance amount of time is normally in a City Manager's contract. City Attorney Richman replied the law allows for up to 18-months maximum. When you first start at a City, you might start at six months but as you put in your time, you might ask for more. Mayor Pro Tern Low stated she was okay with the request to increase severance pay, as other City Managers have had up to 18-months in their contract. Clarified the severance pay only kicks in when there is a separation and usually at no fault Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 12 of 20 of the City Manager, but maybe for political reasons. Noted there was no intention of letting her go, she has been doing a fine job in managing the City through the COVID-19 pandemic and the team. Reiterated she was okay with approving the 12-month severance request. Mayor Armenta expressed her concerns about approving a 12-month severance pay as requested by City Manager Molleda. She warned about increasing the severance pay, like it was done for past City Manager Oliver Chi at 18-months and shortly separated from the City. Referenced retired City Manager Jeff Allred's contract section C on Severance Pay stating, "the City Manager shall accrue an additional one (1) month severance pay, and an additional one (1) month of severance pay every June 15th, thereafter, up to a total of nine months of severance pay". Then reference section J of the prior City Manager Bill Manis' contract, "The City agrees to continue to compensate the city manager at his then current rate of pay, as severance pay, for a total of six months, including all benefits, and accrue leaves". Both City Managers had between six to nine months of severance pay. Mrs. Armenta expressed there was an outcry from the community on the timing of the severance pay increase for Oliver Chi. Stated that each amendment request has had an additional 3-months severance pay increase.In her experiences with the City Manager,there have been situation where the City Manager has been insubordinate to her direction. Thanked Mayor Pro Tem Low for mediating many conversations between her and the City Manager but felt there were no changes,occurring. Added that City Manager Molleda took Mr. Manis' contract and duplicated it, aware of the 6-month severance pay. Continue that there were too many things happening internally in the City which she felt granting a year severance pay was too much. Mayor Armenta clarified for the record she handed Council Member Dang a copy of prior City Manager Bill Manis contract which is public record. Council Member Clark clarified that retired City Manager Jeff Allred's contract, he had to wait a whole year for each one (1) month increase in severance pay, therefore taking him three years to get to nine months from six months. Mayor Armenta expressed that her comments were clear as to why she was not comfortable approving the City Manager's 12-month severance pay request. Mayor Pro Tem Low stated that City Manager contracts do not have to be the same, they are based on what they negotiated with the City. The range in severance pay may also depend on the experience of a City Manager and on every individual. Stated she was confident to make this work and not need to exercise the severance pay and 12-month seemed fair. Mayor Armenta explained that retired City Manager Jeff Allred was recruited from the City of Norco and had much more experience. Bill Manis had never been a city manager and therefore his severance pay was at six months. City Manager Molleda had never been a city manager other than what she has learned at the City of Rosemead. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 13 of 20 Council Member Dang asked if what City Manager Molleda was requesting on her contract was legal. Mayor Armenta replied yes, she can ask but it is at the discretion of the City Council. This is not part of her contract, it is an additional item on her contract she is asking. Mayor Pro Tem Low asked for clarification on what is being amended on City Manager Molleda's contract. City Attorney Richman explained her current contract provides for 9-month severance pay, and she's asking for an amendment to her contract to increase the severance pay to 12-months. Mayor Armenta reiterated the amendment to the contract for the 12-months is new. Council Member Clark stated that retired City Manager Jeff Allred never asked for an amendment to his contract. He came in during the recession, and trying to come out of it, and it's very similar with the COVID-19 situation. She cautions the optics for people out there looking, if this was granted. Council Member Ly stated he also researched the past City Manager contracts and indicated historically the City has granted 18-months severance pay. City Manager Molleda asking for a 12-months severance pay was reasonable. Noted that earlier in the meeting, the conversation of challenges in recruiting a Finance Director had to with the City not compensation enough. Not granting the most senior employee a reasonable request, puts the City at a disadvantage when recruiting for other positions. He reiterated that City Manager Molleda has managed the City during COVID-19 during stressful times and has been loyal to the City even during her time as City Clerk. He felt 12-month was fair to grant to City Manager Molleda. Council Member Dang stated that 12-months was average and was reasonable to grant. He noted that the recession and COVID-19 are two different things that should not be compared,as the reason to not grant City Manager Molleda's request. He indicated that a 12-month severance pay is an industry average and does not foresee firing her without cause. He stated he understood Ms. Molleda is just ensuring herself and its within reason. Mayor Pro Tem Low added that she agreed with Council Member Ly, that Ms. Molleda is very dedicated to the City and although she was on vacation, she always responses to her emails and phone calls. Appreciated her work and the long hours she invests to take care of City business. Mayor Armenta respectfully disagrees with Mayor Pro Tem Low and stated Mrs. Low was blessed because she had not had the same experience. Reiterated that her Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 14 of 20 comments are due to the experiences she is having, as Mayor her job has been stifled. 111 ACTION: Moved by Mayor Pro Tern Low and seconded by Council Member Dang. to approve an amendment to the employment contract severance of 9-months pay and benefits to 12-months pay and benefits. The motion was carried out by the following roll call vote AYES: Dang, Low, Ly NOES: Armenta and Clark Mayor Armenta stated she voted no with a no confidence of the City Manager. B. Update on Garvey Park Dog Park and Founder's Park This item is to provide the City Council a progress update for the proposed Dog Park at Garvey Park and Founder's Park. At the direction of the City Council and as a part of the Rosemead 2016-2018 Strategic Plan, staff was asked to evaluate the development of a dog park and additional park space within the City. Recommendation: That the City Council take the following actions: 1. Review the Garvey Park Dog Park conceptual design and provide feedback; and 2. Receive and file the Founder's Park update. Director of Parks and Recreation Boecking updated the City Council on the Founders Park. In 2019, staff brought before the City Council an idea for a new park located at the Southern California Edison Corridor, between Mission Drive and Wells Street,west of Walnut Grove Avenue.The property is approximately 7.4 acres. This property brought attention because of a grant opportunity through the Statewide Park and Development and Community Revitalization program, known as proposition 68. Although the City did not receive the grant, the City received feedback from the state on the application and possibly another opportunity for funding in the final round of the program. Approximately$395 million is available for different projects throughout the State of California. City staff would be applying for the grant, for Founders Park again, for funding through that grant project, based on the conceptual, that was approved, with the approximate cost of the project at$7.1 million. Mr. Boecking continued to speak on the updates for the Garvey Park Dog Park. Located at the west side of Garvey Park around the tennis courts, which is located just north parking lot and Emerson Place. The City contracted with David Volt's Design Landscape Architect to develop a design and plans for the proposed dog park. The conceptual design is the second draft of the conceptual,the first draft was taken to the Parks Commission to provide feedback.The bottom the south entrance, the main entrance of the dog park would be on the south side located right off the parking lot. You will then enter into a common gated area, like the staging area for Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 15 of 20 the dogs, close the gate behind them, and then they will have an option between a small dog area which is located, on the west end of the park, or go into the big dog area,which is the walkway that proceeds on the north side. The two areas will have shelter with tables and benches. The primary surface of the dog park would be decomposed granite pathways and then. Decomposed granite will fill a great portion of the area of the dog park. A decorative fence will be placed along the existing tennis courts to limit distraction from the tennis players and dogs. Amenities will consist of three shaded areas, benches, drinking fountains, dog bag dispensers and a dog wash station. The next steps include taking feedback from the City Council, finalizing the design plan and estimated cost, getting some feedback from the residents by putting out a survey. Council Member Ly stated he understood the needs and desires for park and park amenities. Praised the design of the parks and thanked Director of Parks and Recreation Boecking for his presentation and making sure his vision comesto fruition for the community as he promised during his election campaigns. Council Member Clark asked if there would be some policing at the dog park or will that be up to the residents. Director of Parks and Recreation Boecking replied there would be staff checking in, just as the normal monitoring of the park has. However, residents and parks users themselves will have to help to enforce the rules. Council Member Dang asked if the small area for dogs will have a decomposed granite surface. Director of Parks and Recreation Boecking replied yes and explained the design showed the decomposed granites in a tan color and the green colors was turf. Mayor Pro Tem Low stated she was looking forward to taking her dogs to the dog park. Expressed concerns on how the rules would be enforced so that dog owners pick up after their dogs. Director of Parks and Recreation Boecking stated there would be signs posted, community policing and those residents using the area will try to enforce ethe rules. There are other communities that have dog committees, an idea that the Park Commission may want to look into. City staff will be monitoring when they are at the park. Council Member Dang asked if there are any defecation ordinances regarding pets at park. City Attorney Richman stated it may be in the park rules. Mayor Armenta stated she attended the grand opening of the Pomona dog park, they have apparatuses for the dogs, asked if there were plans to include apparatuses at the Garvey Park Dog Park. Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 16 of 20 Director of Parks and Recreation Boecking replied there is not a lot of space, but definitely something that can be looked at in adding some additional amenities. Mayor Armenta asked to discuss the Founders Park. Director of Parks and Recreation Boecking explained the conceptual, that was approved and submitted from 2019. The Edison'property will have the amenities such as a rose garden, a meditation garden, walking trials, and small picnic areas but no shelters. Since it's an Edison property, activities are limited and therefore it will be a passive park space. In addition, a potential small amphitheater style where kids could use. The parking area, as well as an entrance would be on the north side off of Mission Drive, off of Wells Street. Council Member Ly suggested to incorporate the history of Rosemead, the history of the land Rosemead has been on. Asked if there was a way to have plaques that detail the history from Savannah Park Cemetery to Dinsmore House which is in the vicinity, adding something with an educational component to the park. Noted he hopes the City gest the grant for the park; however, if the grant is not awarded to the City he would like to find ways to fund the park with general funds or with , Capital Improvement Projects. Mayor Armenta stated many years ago there was an Art Ad Hoc committee and resident Ernie Rios created a design for a mural that was supposed to be for the Savannah Park Cemetery. It was a sketched timeline mural of Rosemead's history and suggested to contact Mr. Rios about the design. Council Member Clark thanked Mr. Boecking for his work and likes the design of the park. Mayor Pro Tern Low and Council Member Dang stated the park's design was good. 6. MATTERS FROM MAYOR& CITY COUNCIL A. Discussion of Rosemead Park Field Use This item is presented to the City Council at the request of Mayor Sandra Armenta. She would like to discuss the Rosemead Park field use. Recommendation: That the City Council discuss and provide direction. Mayor Armenta stated she was contacted by a resident who felt he was being harassed, bullied, intimidated by the organized teams that utilize Rosemead Park ball fields. She was told the teams arrive early and start to tell anybody using the fields to leave, the so the team used the field before their design time. Stated she had been working with Director of Parks and Recreation Boecking to figure out what is happening. She noted that she has been mentioning about the need of supervision at the parks. She indicated she used to work at Garvey Park and ensured Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 17 of 20 the park was always secured, there were no incidences that occurred when there was a presence known that a staff member was supervising. Added she gets a lot of complaints of illegal drugs being used at the skate park. If there was supervision, the public can notify a staff and maybe certain situations would not happen. Mrs. Armenta stated she was told by the City Manager that Community Service Officers are walking.around in the park, which she has not seen. Mayor Pro Tern Low asked if she was suggesting monitoring parks at the same time all day or having staff going around and monitor parks. Mayor 'Armenta stated there was a dedicated staff at each park. When David Montgomery- Scott was the Director of Parks and Recreation,he only had one staff dedicated and rotated between the parks. Stated she was not sure now how the coverage was done, due to COVID-19 and staggered schedules. Stated she was concerned other incidents keep occurring at the parks,there needs to be supervision at the skate park and there could be staff supervising 4 to 5 hours a day. Thanked Tom for helping the resident on the field use matter. Asked how parks are being supervised. Director of Parks and Recreation Boecking explained there is part time staff that goes in at four o'clock each day, Monday through Friday, who roam each park location. Since this incident came up a couple months ago, the first incident happened with this gentleman, and then COVID-19 happened. The parks shut down and activities. Now that parks have opened again there has been one incident with the gentleman. Stated there is staff going in at four o'clock and their first stop is Rosemead Park, to make sure users are on the field, and groups are staying off the field until their designated time. On the weekends, Saturday and Sunday, there are multiple shifts of staff who are going in and out roaming the parks. Clarified there is one designated staff at Garvey Park, during softball games or tournaments. When gameplay opens and competition has been allowed, somebody will be there during those times. Mayor Armenta stated it was great to hear that there is some type of supervision going around and monitoring, even though it is not a dedicated staff. B. Council Comments Mayor Armenta reminded the City Council to limit their interaction between discussions on items not listed on the current agenda. Councilmember Clark requested to adjourn the meeting in memory of Ernie and Virginia Salas. Ernie Salas was the leader of the Gabrieleno Band of Mission Indians' Kizh nation. Both Ernie and Virginia Salas passed away a week from each other. Mayor Pro Tem Low first, thanked Mayor Armenta for acknowledging the current discrimination towards the Asian Community during the invocation. Encourages Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 18 of 20 the public to say something if they witness a hate crime happening. Secondly, announced Wealth by Health donated over 4,000 bottles of hand sanitizers to the community, which will be distributed to the business community, school districts, and Sheriffs Department. Mayor Armenta thanked Mayor Pro Tern Low for her kind words. Expressed frustration of the current rise in crime against people because of their race,religion, or ethnicity. Hopes to see a presentation by the Chief of Police on the situation on crimes regarding the Asian population and how we can protect the community. Suggested a resolution about denouncing hate crimes within the community. She also stated she received five letters from residents, and submitted letters to City Clerk Hernandez for the record, all expressed safety concerns about lighting in the neighborhood on Earl Street,Muscatel Avenue, and Fendyke Avenue. Requested a light assessment on streets,possibly using lighting funds if available. Mayor Armenta spoke about the two dedicated graffiti trucks and expressed interest on doing a day of service, like a ride-a-long with an employee, as she did with Employee Thomas. She requested the names of the employees assigned to graffiti abatement and how they abate graffiti. She also expressed concerns there was no COVID-19 update on the agenda and asked when City Hall was going to open for the public. She stated, now that the Los Angeles County was moving from purple tier to a red tier, there needs to be a discussion on when City Hall will open. Mrs. Armenta also expressed concerns with resuming street sweeping citations. She stated that on March 11, she mentioned that the street sweeping matter was a Council decision and not an administrative decision. Noted she would bring back the street sweeping discussion at a future date for discussion. Mayor Armenta spoke at the Parks Commission meeting regarding the Rosemead Park Walking Trail. Explained the signage that had the rules on what was not allowed on the walking trails was removed. The trail did not allow for any wheeled sports activities such as bikes and rollerblades. Requested information on who authorized the removal of the signs, because now people are using wheeled sport activities on the new walking trail, which changes the usage of the walking trail. Reiterated the City Council did not make any changes to the usage of the walking trail. Also spoke about the SR-710 North Corridor Mobility Improvement Project that went out to bid and did not need to go before the City Council since it was under the threshold of the City Manager. Expressed concern that Transtech also submitted a bid for the SR-710 North Corridor Mobility Project, as they already oversee Traffic Engineer projects for the City. Requested clarification on the scope of services of the project management services of the SR-710 project and Transtech scope of services in their contract. Also referenced the Rosemead Park Walking Trail and asked why the City hired another contractor to do the design,if Transtech Engineering was contracted to performing work related to a specific Capital Improvement Project(CIP)such as design. Reiterated her request on why there was Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 19 of 20 a need to go out to bid for the SR-710 North Corridor Mobility Improvement Project and what is the difference of the scope of work than what Transtech's contract already states. Lastly, asked when the opening of the Community Garden was going to be. 7. ADJOURNMENT The meeting adjourned in memory or Ernie and Virginia Salas at 10:18 p.m. The next regular meeting will take place on March 23, 2021, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED: (-V.\ ZUnb s n 7:2� Sandra Armenta, Mayor Rosemead City Council Regular Meeting Minutes of March 9, 2021 Page 20 of 20