CC - Item 5B - Minutes of April 28, 2020 MeetingMINUTES OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT COMMISSION,
AND HOUSING DEVELOPMENT CORPORATION
SPECIAL JOINT MEETING
APRIL 28, 2020
The regular meeting of the Rosemead City Council was called to order by Mayor Armenta
at 6:01 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard,
Rosemead, California.
PRESENT: Mayor Armenta, Mayor Pro Tem Low, Council MembersClark, Dang
(teleconferenced), and Ly
ABSENT: NONE
1. WORKSHOP
a
Budget Workshop
Discussion and update on the City Budget for Fiscal Year 2019-2020.
Dr. Scott Miller, Finance ConsultanIt, stated Rosemead continues to provide essential
basic services amid'the COVID-M,emergency while evaluating the City's Finances to
preserve the economic viability ofthe City - both currently and in the future; shared
the following,overview of what has`°happened to the economy nationally, in the State
of California, and in the`County of Los Angeles/City of Rosemead.
What has happened to the economy nationally?
• Stock Market values decreased by 17%-21%.
• Federal' Debt increases to almost $3.7 Trillion.
• Congressional Budget Office (CBO) predicts national economy to shrink by
5.6% over the course of this year with an uptick when businesses re -open.
•, CBO also estimates a national unemployment rate of 12% by end of 2020.
iat has happened to the economy in the State of California?
• Nearly 3M people filed for unemployment benefits which represents 17% of the
State's workforce.
• In March, according to the CA Dept of Finance, unemployment rate in California
is at 5.3%.
• State sales and use cash receipts were an average of 7.7% below estimates in
January, February, and March 2020.
• Southern CA home sales have dropped 54%; but price data is limited.
• State of CA started January 2020 with reserves of $21.3 billion, but its predicted
65% gone due to COVID-19 related expenses.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 1 of 28
AGENDA ITEM 5.11
What has happened to the economy in the County of Los Angeles/Rosemead?
• Less than half of Los Angeles County residents — 45% compared with 61% in
mid-March — still hold a job, a decline of 16 percentage points, or an estimated
1.3 million jobs, according to Los Angeles Times.
• As of March 19th, an estimated 54%-60% of retail/restaurant/lodging businesses
in Los Angeles County had to close or significantly reduce operations due to the
Governor's Stay -at -Home Order.
• Rosemead's sales tax receipts, permits fees, and other sources of General Fund
revenues will decrease in the 4th Quarter of FY 19-20.
• Rosemead's Transient Occupancy Tax (TOT) receipts for 4th Quarter of FY 19-
20 are estimated to drop significantly by as much as 75% due to, the closure or
limited occupancy of the City's lodging establishments.
• Rosemead's Property Tax receipts will remain stable since property tax
assessments for the FY 19-20 were set on January 1,,2019:
Finance Consultant Miller asserted that FY 19-20 budget, "I
set at 9.7 million dollars and
will end the fiscal year around 9.6 million dollars; the total General Fund revenues for FY
19-20 was estimated at $21,264,900 and was"amended to' $24,080,800; and, the total
General Fund expenditures was estimated at $23;910;100, which was not amended and
does not include reserves or CT." Dr, Miller indicated the good news is current
departmental expenditures are within; budgetary coritrols; many service demands are
directly related to revenues (i.e., parks "And recreation; building inspections; etc.); the City
has very stable business base — no reliance on one industry or a few sales tax producers;
Rosemead shares with, other cities alh the pooled sales.,tax funds the state collects from
internet sales (i.e., Amazon, ;W;almartand Walgreens); and Rosemead's largest General
Fund revenue is'stable property tax. However, he noted the not so good news is the
continued decline in sales tax and -TOT, will continue on into FY 20-21; depending on
un 1, ploytnent aril economic recovery, California as well as Rosemead will continue to
suffer an "economic shrinkage; opined no one knows how many businesses will never
re". open after the Stay -at -Home Order is lifted or if a 2"d wave of COVID-19 will occur and
how it will affect the future' of business, government, or the community as a whole.
Dr. Miller explained we can prepare for the City's economic future by making current
operations as -efficient and effective as possible — use technology and data applications to
support current processes and citizen/business City transactions/ interactions; exploring
ways to `expand General Fund Revenue Base with options to help shield against sudden
and declining revenue; conducting a Formal Fee Study to assess where Rosemead's Fees
stand against industry standards; and exploring ways to save expenses by partnering with
other municipalities and government entities on programs and projects to share the fixed
costs of basic services.
He reiterated staff understands that the FY 19-20 ending and FY 20-21 will be fiscally
challenging years as Rosemead is not immune to local or global pandemics or economics;
the City is controlling expenditures and constantly evaluating current and new revenues
while striving to achieve the goals and priorities the City Council has set in FY 19-20 and
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
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maintaining the safety and security of Rosemead's citizens, businesses and staff; the City
will recover and prosper by continuing best business practices, not panicking, working with
the community and the businesses, at the direction of the City Council, and dealing with
issues intelligently as they come forward.
Council Member Clark stated property tax being paid in December and April, there were a
lot of people that probably did not pay it in April due to the financial burden of the
pandemic; inquired why the City would not be affected by that.
Finance Consultant Miller responded the dollar amount that we would expect would not
change because the assessments are completed in January; we may be affected short-term,
but we are guaranteed to receive those property taxes at some point, He.checked with the
Los Angeles County Assessor's Office who confirmed that in general, they have not seen
a huge amount of people not paying their property taxes.
Mrs. Clark asked if the pooled sales tax is based on what City the resident making the
Amazon order is from, and if that City receives the sales tax.
4.
Dr. Miller replied no, all the sales tax that Amazbn 16ollects goes into this statewide pool
and is distributed based off population; indicated Rosemead has a decent population so we
will receive a decent cut of the pool ° z
Mayor Pro Tem Low asked if the next assessment of property tax will occur in the
beginning of the year.,�'�
Dr. Miller affirmed state law says that fhe assessment should be completed January 1St of
every year. Last,year the„County Assessor's: Office reviewed all the property values which
is transmitted to the tax,collector, then the'tax bills will be distributed around August or
September;and must.be,,paid by October.
Low clarified will, the COVID-19 pandemic affect the assessment value for the
year.
Dr: M ller responded the County Assessor will determine if property sales are significantly
down.as`a direct result of COVID-19; if so, the Assessor can decide to implement a 1%
increasefather than the maximum 2% increase per year; noted the final determination will
be made January 1, 2021.
Mayor Armenta inquired if being a Proposition 13 city contributes to our steady property
taxes as the City receives $0.07 on the dollar.
Dr. Miller opined property taxes have always been a steady revenue; explained Proposition
13 places a limitation that the state is not allowed to raise the annual property tax over 2%;
stated in 2008-2009, property taxes did dip due to the economic downfall, resulting in the
Assessor's Office lowering the assessment to '/2 or 1%. He emphasized if the whole pie
shrinks, then the City would be affected.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
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2.
Council Member Clark asked if the percentage has gone down that much because of
COVID-19.
Finance Consultant Miller replied they can call higher interest bonds and pay us what we
invested and do more bonds but at a much lower rate. We have had an unusual amount
of called bonds, which they can legally take back. He shared the three rules of investing —
safety, liquidity, and yield.
Mayor Pro Tem Low asked how the low or no property tax rules apply to Rosemead.
Dr. Miller explained in 1959, the city was only allowed to incorporate.. under the low or
no property tax rules.
Council Member Clark shared that our lobbyist, Gonsalves .&" Sori,, explained when
Proposition 13 was passed, the high property tax cities like'Sari Francisco were allowed to
keep their level.
Council Member Ly clarified the reason we were able to incorporate is because we agreed
to be a contract city, so part of the allocation went to County, which meant the fees for
the Sheriff and Fire services were already assessed and built in; noted whereas the City of
El Monte decided to join and had to shift their amounts from property tax over to pay for
the County services instead.
Mayor Pro Tem Low ascertained so we did not have a choice, that was the stipulation for
us to incorporate, as :,City.`
f �
Dr. Miller affirfriedjhat Council Member Ly is correct.
the meeting to Closed Session at 6:51 p.m.
I that any reportable action by the City Council would
at 7:00 p.m.
WITH REAL PROPERTY NEGOTIATORS
Property: 2501 San Gabriel Blvd., Rosemead CA 91770
City Negotiators: Gloria Molleda, City Manager, Ben Kim, Assistant City Manager
Negotiating parties: Ardith M. Easley; Loretta I. Corrigan; Louis V. Martel; David
A. Martel; Norman C. Martel; Devisees of Debora C. Larson; Sunshine Carter; and
Gregary G. Martel
Under negotiation: Price and terms of payment
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section: 54957
Title: City Clerk
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes ofApri128, 2020
Page 4 of 28
City Attorney Richman reported out of Closed Session for the Public Employee
Performance Evaluation for City Clerk. City Clerk Hernandez received a 4.9 out of
five performance evaluation, which exceeds expectations. As a result, her contract
would be brought back to be amended for a compensation increase.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Low
to approve a 4.9 performance evaluation, which exceeds expectations. A motion
was carried out by the following roll call vote AYES: Armenta, Clark,
Dang, Low, Ly ABSENT: None
Mayor Armenta adjourned the special meeting to the regular meeting at 7:43 p.m.
RECONVENE TO REGULAR MEETING
PLEDGE OF ALLEGIANCE was led by Mayor Armenta
INVOCATION was led by Council Member Dang
STAFF PRESENT: City Manager Molleda, Assistant City Manager Kim, City Attorney
Richman, Director of Community Development Frausto-Lupo,.Director of Public Works Daste,
Director of Parks and Recreation Boecking;sand City Clerk Hernandez
PUBLIC COMMENT
There being no speakers, Mayo# Armenta opened and closed the Public Comment period.
3. PRESENTATIONS — None
4. PUBLIC HEARIlN —,None
5. CONSENT CALENDAR
Mayor Armenta noted for Item 5C, that it was brought to her attention that the SB 1 Funds
maybe delayed,,uhich will help cities during this economic distress as it requires cities to
add their Gerieral Funds to SB I funding.
Mayor Pro Tem Low expressed concern about sharing this information in this forum
when it has not been confirmed.
Mayor Armenta responded she is sharing so that the City is aware; stated an update will be
provided once the Governor's Office confirms the details with Senator Rubio's Office.
ACTION: Moved by Council Member Ly and seconded Mayor Pro Tem Low to approve
Consent Calendar Items A through D. Motion was carried out by the following vote
AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
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n
Claims and Demands
• Resolution No. 2020-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$619,751.96 NUMBERED 106169 THROUGH NUMBER
106291 INCLUSIVELY
Recommendation: Adopt Resolution No. 2020-14.
• Resolution No. 2020-04 RHDC
A RESOLUTION OF THE
DEVELOPMENT COR
CERTAIN CLAIMS AND DE
$85.00 NUMBERED 1617 T
INCLUSIVELY
Recommendation: Adopt Resol
• Reso
o. 2020r04,RHDC.
A 'RESOLUTION OF THE CITY OF ROSEMEAD AS
"ill SUCCESSOR AGENCY TO THE ROSEMEAD
COMMUNITY COMMISSION OF
THE 'CITY OF ROSEMEAD ALLOWING CERTAIN
CLAIMS, AND DEMANDS IN THE SUM OF $96,311.17
,NUMBERED 10290 INCLUSIVELY
: ' Adopt Resolution No. 2020-08 SA.
Minutes
March 30, 2020.
: That the City Council approve the special meeting minutes of
C. Resolution No. 2020-15 Approving the Maintenance of Traffic Control
Signs, Stripping, and markings Projects Funded by the Road Repair and
Accountability Act
On April 28, 2017, California Senate Bill 1 (SB 1) the Road Repair and
Accountability Act of 2017 was signed into law to address basic road maintenance,
rehabilitation, and critical safety needs on both the state highway and local streets
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 6 of 28
road system. A percentage of the Road Maintenance and Rehabilitation Account
(RMRA) funding will be apportioned by formula to eligible cities and counties
pursuant to Streets and Highways Code Section 2032(h) for projects that meet the
RMRA program requirements. Prior to receiving an allotment of RMRA funds
from the State Controller each fiscal year, the City must submit a list of projects
proposed to be funded with these funds pursuant to an adopted resolution to the
California Transportation Commission.
Recommendation: That the City Council take the following actions:
1. Adopt Resolution No. 2020-15, entitled:
A RESOLUTION OF THE CITY COUNCIL
CITY OF ROSEMEAD, CALIFORNIA, APO
LIST OF PROJECTS FOR FISCA
FUNDED BY SB 1 THE ROA.
ACCOUNTABILITY ACT OF 2017
Approving the use of Road Maintenance and R
following projects:
a. Maintenance of Tra
the amount of $192,
b. Walnut'Grove,Aven
AIR AND
ition Account funds for the
and Markings Project in
ing Project in the amount of $332,000; and
$57,000 from the General Fund unassigned
for FY 2020-21.
e ;`2020-2025 Consolidated Plan, CDBG and HOME Programs
Annual Action Plaxifor Fiscal Year 2020-2021
A Consolidated Plan is required by the U.S. Department of Housing and Urban
Development (HUD) as a condition of receiving federal funding. The City currently
receives funding under the Community Development Block Grant (CDBG)
Program and HOME Investment Partnerships (HOME) Program.
The 2020-2025 Consolidated Plan is required to include an Annual Action Plan for
the period of July 1, 2020 through June 30, 2021, which covers the first year of the
five-year plan. The Annual Action Plan includes a list of the activities the City will
undertake to address priority needs and local objectives with anticipated program
income and funds received during the next program year for meeting housing and
community development objectives as outlined in the Consolidated Plan.
Federal funding awards for Fiscal Year (FY) 2020-21 have been announced and it
is estimated that the City of Rosemead will receive $754,219 in CDBG funds and
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 7 of 28
an allocation of $356,716 in HOME funds. It should be noted that under the CDBG
program eligible projects must either provide benefits to low- or moderate -income
persons, eliminate slum or blighted conditions, or is an urgent need. In addition, at
least 70 percent or more of the FY 2020-21 entitlement total must be used for
activities benefiting low- and moderate -income residents of Rosemead. Of the
HOME funds received, funds can only be used for housing activities benefiting
low -or moderate -income persons.
Recommendation: That the City Council take the following actions:
1. Approve the 2020-2025 Consolidated Plan and FY 2020-2021 ;Annual Action
Plan including CDBG and HOME funding recommendations and authorize
the submittal of the Consolidated Plan and Annual Action Plan to the U.S.
Department of Housing and Urban Development (HUD),.
2. Authorize City Manager to execute all appropriate and necessary documents
to receive funding and implement approved use and make necessary budget
adjustments based on HUD's final `allocation amount.
3. Award the following public service agencies„with CDBG funds and authorize
the City Manager to execute agreements: ,
• Family Promise of San Gabriel Valley -"$5,000
• Southern, California Housing Rights, Center - $10,000
outh Emptoyment Program - $35,000
6. MATTERS FROM CITY MANAGER,&`STAFF
Inforinatiop on Garvey Avenue Regional Access and Capacity Improvement
Project 'Grant Awarded to the City of Rosemead from 2015 LA Metro Call
for Projects Rounds
ion: That the City Council to provide direction to staff whether to
with the Garvey Avenue Capacity Improvement Project.
Staff is requesting direction from the City Council on whether to proceed with the
Garvey Avenue Regional Access & Capacity Improvement Project and referred to
as the "Garvey Avenue Capacity Improvement Project".
If the City Council decides to move forward with the project, staff would seek
Council approval at a later time to amend the Capital Improvement Projects (CIP)
for the inclusion of this project and begin its implementation.
If the City Council decides not to move forward with the project, the awarded funds
by Metro would be de -obligated.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 8 of 28
Mayor Armenta stated this item has been tabled for a future City Council meeting.
Council Member Ly indicated he initially requested this item be placed on the
agenda, however, with support of Council Member Clark, he asked the City
Manager to withdraw this item from the agenda as it is important for the public to
have the opportunity to speak on this controversial item, even if delaying discussion
may put the grant in jeopardy.
Mayor Armenta asked if everyone that initially submitted a letter or came to share
their views, would still be included in the future report.
Council Member Ly responded whatever future staff report is done should include
all correspondence related to this item.
Council Member Clark read the motion from
Council meeting, "Moved by Council Mer
Member Low to table this grant and in
improvements on Garvey that don't eliminatf
we can't find any other grants. The motion -17
Low, Ly."
mutes of the January 26, 2016
,y, and seconded, by Council
staff to look \`for', grants for
ng and revisit the ssue only if
54: Alarcon, Armenta, Clark,
Mayor Pro Tem Low expressed'concern'that by tabling this item we could possibly
miss the grant submittal deadline,
Mr. Ly affirmed it is a°;risk, but we as a Council should take that risk; noted if
we ev�11 decide to do a` project along Garvey Avenue, there are other funds we
could directly tap. -into; £oz..example,,part of the funds that go into the high vehicle
nccunancb,lane"s/tolllanes. must ao towards local communities within that corridor.
Mrs. `Clank stated it was my understanding that the Garvey Avenue Specific Plan
(GASP), Committee, did not want us to eliminate the parking as it would hurt
,it Member Ly clarified that the GASP Committee never brought that up as
te. Stated if the auto auction site or Sunny Chen's was ever developed into a
project, we would have to create a deceleration lane.
Council Member Clark suggested looking at the minutes as elimination of parking
was referenced; shared that Javier Hernandez, who worked for Metro, confronted
me at a meeting in South El Monte about Rosemead not accepting the grant, which
I confirmed since we did not want to take the parking away from our businesses.
Mayor Armenta interjected that since this item was tabled, the discussion should be
saved for a future meeting.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 9 of 28
City Attorney Richman suggested a motion be taken so that Council's direction is
clear to staff.
Mayor Pro Tem Low asked if we table this item and Metro does not agree to extend
the grant deadline, then will we lose the opportunity.
Council Member Ly affirmed that is correct, but we are erring on the side of
caution. Additionally, if we do not get the grant money, we could always
supplement somewhere else, even if it is from the General Fund. However, if we
accept this money, then we are obligated to complete a project; emphasized the last
thing we want to do is shove any project down our residents' throats without it
being fully vetted from the Council and the public.
Mrs. Low inquired what is the grant deadline.
Mr. Ly responded I believe the deadline has .already passed and"Mettro has issued
us extensions.
City Manager Molleda replied the original dg6ttlind was January 2020, but we asked
for extensions because we were not able to bring itback to Council. Metro has also
been reaching out to us to find out what our plans;are.
Mayor Pro Tem Low posed the, question if we are
,,,going to ask Metro to issue
another extension for us.
o<
City Manager Molleda opined itis very likely that Metro will not issue us another
extension. \\
Mayor",-,'Armenta expressed concern that we are continuously requesting an
extension because.the motion is very clear about finding other alternatives for street
parking Correct me\.if I am wrong but this grant requires no street parking during
specific hours because they wanted to create a 61h lane to have three lanes going in
each opposite direction. That was the stipulation for us to get the money.
gager Molleda read the motion from the minutes of the November 24, 2015
meeting, "It was stated that this item be brought back to the agenda."
Council Member Ly concurred that was before he got back from training, (then)
Council Member Armenta requested the item be tabled so that he could speak on
the matter upon his return; reiterated the motion that Council Member Clark read,
there was no consensus one way or another on parking or no parking and it simply
states that the item would be brought back.
Mayor Armenta reminded the Council that there two grants that were brought up at
the same time — this Garvey Avenue one and the one on Valley Boulevard, which
Metro wanted to install a median to beautify the area. Both grants had the same
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 10 of 28
requirement of making a 6th lane to have three lanes going in each opposite
direction. Stated staff applied for this grant without asking the Council if this was
something that we wanted to take on because it was only going to be in Rosemead
for a small section. Reiterated further discussion can take place when this item is
brought back.
Council Member Ly made a motion, seconded by Mayor Pro Tem Low, to table
this item until City facilities open and allow for public comment.
Council Member Clark emphasized that she will not vote yes for this motion unless
it clearly states that this item should be tabled until we are able tohold a normal in
person public meeting; opined it is not fair to make the residents submit their
concerns via email, especially over such a controversial issue. I stand by our
decision back then to find other grants to fit our needs.
Mayor Armenta responded we cannot delay ":business simply because we are not
able to conduct an in person public meeting; We are policy makers and must keep
things moving forward. Suggested once; the Governor authorizes in-person
meetings, we can hold a public meeting,in the Council Chamber or at the
Community Center, while adhering to the 6'feet physical distance.
Council Member Ly stated l
ensure that individuals have a
their opinions within'tlae pubt
to, "We table this item until a
come to 4 Council meeting and p'
Explained* do not have,to put
at that
rstands that Council Member Clark wants to
rtunity to attend"a Council meeting and voice
nentperiod. I, would like to amend my motion
lien residents and business owners are able to
ipate fully during the public comment period."
specifics in the verbiage as we can determine
meetings and ensure that it still fits within the
ACTIO:. Moved>:by Council Member Ly and seconded Mayor Pro Tem Low
to table this`iitem until a time when residents and business owners are able to come
to a Council meeting and participate fully during the public comment period.
Motion was carried out by the following vote AYES: Armenta, Clark, Dang,
�. Low; LY'ABSENT: None
B. Discussion of Interest in Potential Future Action to Allow the County of
Los Angeles' Temporary Prohibition on Evictions of Residential and Commercial
Tenants Arising from Financial Impacts of the COVID-19 Pandemic to Apply
to the City
On March 26, 2020, the City Council adopted an urgency ordinance providing
certain eviction protections for residential and commercial tenants as a result of
financial impacts resulting from the COVID-19 pandemic. The City's ordinance
was similar to the County of Los Angeles' order providing protection for tenants in
the unincorporated portions of the County.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 11 of 28
Recommendation: That the City Council discuss and provide direction on whether
it wants to consider at an upcoming meeting having the County's eviction
moratorium apply in the City by repealing the City's current eviction moratorium
ordinance and provide any other appropriate direction on the topic.
City Attorney Richman stated on April 14, 2020, the Los Angeles County Board
of Supervisors adopted a revised eviction protection moratorium order, providing
additional protections not set forth in the existing County order. Of significance,
the new County regulation provides tenants up to 12 months to repay rent not paid
during the eviction moratorium period (the prior order and City ordinance provided
6 months). More importantly, the new County order applies- in all cities of the
County that do not otherwise have their own eviction protection moratorium.
The City Attorney is looking for direction as to whether the City;Council would
like to place an item on an upcoming agenda`to repeal the City's ordinance and
allow the County's to apply in its place or if,the Council wants to continue with its
existing ordinance.
Council Member Ly stated ;whatever the County, brings up and adopts, Council
should discuss it to see whethex we Want to fall .in aline with it. However, the City
decided to incorporate in 1959, because we no longer wanted to be under an
unincorporated status and wanted, Rosemead to have its own identity. Emphasized
we should have our own. ordinance because at the end of the day, our residents and
business owners follow,the guidelines that we create for them because they elected
us to represent the community to the best of our ability.
Clark inquired if we have received any comments from renters or
y the ordinance.
Mayor Arenta responded I personally have a received a lot of kudos from renters
expresslrig appreciation that we are looking out for them. I have not heard negative
ox positive feedback from any property owners.
City Manager Molleda affirmed the City has not received any negative or positive
comments from owners.
Mayor Armenta shared that our ordinance helped the Community Development
Department facilitate a renter's concern regarding eviction, and it was understood
that this moratorium was not a grant or a forgiven of unpaid dues, simply an
extension of 6 months.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 12 of 28
City Attorney Richman shared from a City Attorney perspective, one of the perks
of adopting the County's ordinance is that if someone were to have issue with not
paying back, we would be able to point to the County's authority and not the City's.
Mayor Armenta inquired if the City Attorney feels that the City would be more
protected if we followed the County's ordinance.
Council Member Ly stated if we adopt County's ordinance, then if an issue arises,
we will basically be giving our responsibility to the County by telling our residents
and business owners to check with County.
Council Members Clark and Ly, and Mayor Pro Tem Low, indicated support to
keep the City's current Verbiage.
Council Member Dang stated he supports
emphasized you have to remember that Count;
larger densities and what not, so their perS6ct
are a smaller community.
City Attorney Richman s
is to maintain the City's c
C. COVID-19 and 2020 Sum
The Par4 and Recreation
and speciaf events. -Due
forced to r`educ6 the numl
ie . City's current. verbiage as is;
represents different demographics,
e may not align with ours; since we
a vote since the Consensus
Update
;partn ent is preparing for summer programs, classes
the 'COVID-19 pandemic, the department has been
)f 'pro' classes and special events offered during
the City Council received and file.
City Manager Molleda stated there are many unknowns due to the COVID-19
pandemic,,there is a Safer at Home Order that is in effect until May 15th, which will
Most likely be extended. There has been discussion that the Order will slowly be
lifted while social restrictions will stay in effect. These restrictions can limit the
social gathering size and require social distancing between individuals. These types
of unknowns make it very challenging to plan programs, classes, and special events.
The normal summer schedule is a 10-12 week and would traditionally begin in
mid-June and conclude at the end of August. The adjusted schedule for summer
2020 will be 6 weeks in length starting on July 13th. The 4th of July celebration has
been cancelled, however the concert in the park series is tentatively scheduled
throughout the summer.
Council Member Clark stated we should begin the process of the fireworks stand
as we should have enough restrictions where they must stay within their backyards.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 13 of 28
I would rather with the money we save from canceling the 4th of July festivities,
have more Sheriffs and Code Enforcement staff to patrol the community and cite
for illegal fireworks.
City Manager Molleda affirmed we will have the Deputies and Code Enforcement
Officers provide extra patrol on the 4th of July to monitor fireworks.
Mayor Pro Tem Low opined it is important to be safe during this pandemic so that
we can fully enjoy ourselves next year. I understand that a lot of vendors rely on
those fireworks stands to make money, but this year we need to encourage people
to stay home as their health is more important. By having the fireworks stands, we
are not only allowing but also encouraging people to get together, Suggested doing
virtual concerts.
City Manager Molleda stated we are planning for the ' concerts.. fi' the park, but if
we are not open by that point, then we can hold the concerts virtually,
Mayor Armenta stated she received a phone call from. Robert Gonzales, newly
elected Mayor of Azusa, suggested cities .across the `San Gabriel Valley have a
united front so that people are not going to other cities that are holding public
events. Also shared she recerved.a letter expressing they look forward to the City's
fireworks show every year because they cannot afford fireworks, however, this year
is different because our heal&'needs to take" priority. °
Council Member Ly stated he, understands Council Member Clark's concern;
opined -since we cannot,conduct 4 parade for them, we need to trust our community
that they,wil,l buy sound and sanefireworks to safely enjoy on the 4th of July.
Mrs. Low suggested waiting another month to see if the overall numbers decrease,
then proceed with, fireworks stands, etc.
Mr. Ly inquired when does the fireworks stand start?
City Manager Molleda responded we start selling the permits the first week of May.
We"can' extend the deadline from when the vendors purchase the permits for their
stands to June or we can allow them to continue purchasing permits beginning in
May with added verbiage advising them depending on the pandemic, we may need
to return the fees to those already purchased.
City Attorney Richman expressed in addition to the concern of social distancing
and gathering, another component is if stands will be considered a retail business
and if they will be allowed to be open.
Ms. Molleda stated staff will work with the City Attorney to draft the application
and include special verbiage for this year so that we are protected and can just
refund the money, if needed.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 14 of 28
IC
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.
Council Member Ly inquired what the City's perspective is on the State and County
discussing opening back up — how are we preparing for the reopening of City Hall
specifically; are there any changes needed to our urgency ordinances that we have
adopted thus far during the pandemic; at the earliest and safest time possible to
reopen City Hall so that our residents and businesses can receive full service.
City Manager Molleda stated we are tentatively scheduId'tI�rebpen on May 15th,
however that date will most likely be extended; we "are"working towards reopening
by having staff come back in phases with staggered schedules, ensuring staff can
work six feet apart, and we will be providing,masks, gloves, and sanitizer. We will
bring back a plan once we have one in writing.
Mayor Armenta stated neig
COVID-19 by facilitating f
as San Gabriel and Temple
testing site. Mrs.
SGV cities woA
County to offer the auto; auctio
County tank you fox offering
cities have received CDBG funding to address
:,seor testing, sits; indicated Rosemead, as well
then -oply neighboring cities that do not offer a
iff,to look into, ,that as Council from different
igCOVID7I9:efforts. Stated she reached out to
e that is vacant, but unfortunately was told by
we are going with Monterey Park. Indicated
s providing more senior meals.
City, 'Manager �,Molleda indicated our normalcy of the amount of seniors
participating in the lunch program has increased; we have a drive-thru for the
seniors; so
it is very popular; I have directed our Parks and Recreation Director to
purchase more meals so we do not have to turn away any, seniors; we will charge
these expenses to FEMA to get money back that way; we contract with the County
for food boxes once or twice a month, which is shared with the seniors. We also
have staff calling a list of seniors who might need assistance. The word is getting
out -about our services.
Mayor Armenta asserted that she would like to see a food drive open to all residents,
not just seniors as there are other families that need assistance as well. We need to
push for food distribution for families. The County is contracting with taxis for
people who are food deprived due to a lack of transportation. We need to look into
that as it is a great way to take care of our residents. Emphasized we need a testing
site, we could use CDBG funding to partner up with organizations — 1,000 tests in
3 months duration around $300,000.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes ofApri128, 2020
Page 15 of 28
7.
Mayor Pro Tem Low asked if the cost for the testing site would be shared with other
cities.
Mrs. Armenta yes because Temple City is eager to partner up. If it is not run by the
County, we can ensure it is only offered to Rosemead residents; if our city is paying
for these testing sites, we can require they show ID to prove they are a Rosemead
or Temple City resident.
Mayor Pro Tem Low asserted the test site in El Monte is County run, so they pay
for everything.
Council Member Ly asked if it is a drive thru testing facility.
Mayor Armenta confirmed yes. Alhambra was looking for ways`o get residents to
the testing sites that lack transportation. Suggested.,we could'use our Rosemead
Explorer to ensure they are six feet apart.
City Manager Molleda stated we will be bringing to Council at the first meeting in
May a report of what we can do with the CDBG funding such as food banks; we
can look into adding a test site if.Council so desires.
Mayor Pro Tem Low asked staff to gather information to bring back to Council.
Mayor Armenta, stated Council,. Member .Cyiathia Sternquist, Temple City,
suggested if the auto 'auction site does not work', then we could also use the Kmart
building in the plaza; recommended Rosemead High School since it is closed down
right now,
City M4nagbr Molleda affirmed they will add these requests to the report for the
May 41Zth'Council meeting.
Council 1V ember 'Ly inquired about a Rosemead based stimulus plan for our
businesses.,?
it is my understanding that the CDBD funding can be used for that
Council Member Ly stated there is a need for us to look at how we can help our
businesses, especially our Mom and Pop places.
MATTERS FROM MAYOR & CITY COUNCIL
A. Resolution Calling on State Electeds to Urge the Los Angeles Regional Water Quality
Board to Ease MS4 Permit Requirements
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 16 of 28
The purpose of the resolution is to implore the Governor and the City of Rosemead's
("City") State legislative representatives to impress upon the Los Angeles Regional
Water Quality Board ("Regional Board") the need to spare the City and others from
complying with the with requirements that are not required by federal law. These include:
(1) participation in an Enhanced Watershed Management Plan (EWMP); (2) the metals
Total Maximum Daily Loads (TMDL) that did not apply to the City. Further, the City
and others that drain to engineered channels are not required by State regulation to
comply with the bacteria TMDL. Both of these TMDLs account for about 95% of
EWMP costs. The Resolution also asserts that the City has been misassigned to the
Upper Los Angeles River EWMP Group and instead should be in Reach 2 of the Rio
Hondo, which avoids significant TMDL compliance costs.
Recommendation: That City Council adopt Resolution No. 2020=16;;entitled:
A RESOLUTION OF THE CITY OF
COUNCIL CALLING ON THE
CALIFORNIA, AND STATE LEGIS,I
REPRESENTING SAN , GAE
MUNICIPALITIES TO URGE TH
REGIONAL WATER QUALITY CO]
EASE MS4 PERMIT.., ,EQUIREI
ANGELES COUNTY
Jv v nr"N vic yr
TIVE ELECTEDS
[EL,, VALLEY
LOS"ANGELES
'ROL BOARD TO
NTS FOR LOS
Council Member Cla&statod. as you know with th&ICOVID-19 crisis, all cities including
ours will be faeing,financial"challenges Ord will need'to be frugal wherever we can. We
have been conberned with the stormwater regulations, our City was misassigned to the
Upper Los Angeles River EWMP Group; and instead should be in Reach 2 of the Rio
Hondo River, which avoids significant,TMDL compliance costs. The EPA has clarified
that- we aro,,not � ub�ect to the TMDLs, so we will potentially be able to save
approximately 14 million per year by being correctly reassigned to Reach 2 of the
Rio Hondo River. Mrs. Clark indicated she is respectfully asking for the Council's
support of this resolution. The state did an audit requested by Assembly Member Al
Muratsuchi, a,lotr'of mistakes were found in not looking at the cost of the effect on low-
incotne residents; the Gardena and Duarte lawsuits that ruled in our favor; the state
Commission on Mandates stated the Water Board went beyond the federal EPA standard
and because they mandated regulations more stringent than the federal, it was an
unfunded mandate.
Council Member Ly asked if this resolution applies to the current MS4 permit that we
are under or if we are trying to influence the next round of MS4 application.
Council Member Clark responded both — I hope we can work this out as the
environmentalists were suing based on the former permit, it was not cost effective or
satisfactory to the community. There is no way we are going to be able to afford any of
that.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 17 of 28
Mayor Pro Tem Low read the Fiscal Impact from the Staff Report, "The Resolution is
aimed at reducing the City's MS4 Permit compliance costs to the extent of avoiding the
use of General Funds." Asked if we approve this resolution, is there any chance that
additional cost would come to the city.
Michael Ackerman, City Engineer, Transtech Engineers, concurred with Council
Member Clark that the Resolution is a good message to send to the leaders making the
rules and regulations, asserted that the resolution itself will not raise the cost of the fees;
stated these are unfunded mandates, there are several other options that we looked at; the
city is currently part of the Upper Los Angeles River' Enhanced Watershed Management
Plan (EWMP) group but we can look at joining individual watershed management plans,
however there are associated costs with that; the city is obligated.Fto meet and monitor
water quality objectives. We do not necessarily have to remain with, our current group,
we can do our own plan, which we would have to evaluate.-the..pros and cons associated
with changing groups.
City Manager Molleda opined I do not see an issu
are simply doing our part but it is up to Council h,
Council Member Ly stated this resolution will c
trying to put in writing what the City"'s position is
City Attorney Richman noted for
,ith approving this resolution as we
they would like to proceed.
help our efforts; Clark is simply
d to,save us money.
did `not draft this resolution.
Council Member Clark indicated she'drafted it alongwith Ray Tahir, an Engineer, Tecs
Environmental
City Attorney Ricunan stated the, resolution has no sort of binding; referenced the last
"Whereas"of the'res'olution, recommended removing mention of the other cities so we
.avoid speaking'on thcir'behalf or indicating they were also mistakenly assigned; clarified
.we were not assigned; rather we selected our EWMP group.
WHEREAS, the City of Rosemead is mistakenly in the Upper Los Angeles River
' EWMP'Group that includes the following non -San Gabriel River cities: San
Fernando, the City of Los Angeles areas that are located in the San Fernando
Valley; Burbank; and Glendale.
Council Member Clark responded she would be okay with removing that "Whereas".
Council Member Ly suggested changing the verbiage to, "Whereas the City of
Rosemead is mistakenly in the Upper Los Angeles River EWMP Group."
City Manager Molleda interjected to note the phone lines dropped and staff is working
on reconnecting it.
Mayor Armenta stated a two -minute recess will be taken.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 18 of 28
City Attorney Richman suggested also correcting the verbiage in Section 2 under the
actions "2. Inform by official notice that the City was fnistakenly assigned is mistakenly
in the Upper Los Angeles River EWMP group are at liberty to withdraw from it and be
reassigned to Reach 2 of the Rio Hondo in accordance with the State's 303(d) list."
Mayor Pro Tem Low stated it was her understanding that ordinances and resolutions are
written or at least reviewed by the City Attorney.
City Attorney Richman responded the resolution was provided to me for review and
these are my comments.
Mayor Armenta stated she appreciates when the resolutions come from our City
Attorney as you are protecting the City.
ACTION: Moved by Council Member Clark and seconded Council Member Ly
to adopt Resolution No. 2020-16, entitled:
A RESOLUTION OF THE CITY OF ROSEMEAD CITY
COUNCIL CALLING ON Ti -M GOVERNOR OF
CALIFORNIA, AND STATE LEGISLATIVE ELECTEDS
REPRESENTING SAN , GABRIEE VALLEY
MUNICIPALITIES TO URGE,,. THE LOS ANGELES
REGIONAL WATER .QUALITY CONTROL''BOARD TO
EASE MS4 -TERMIT,''.,REQUIREMENTS FOR LOS
♦l.T!'ITTTC /l/1T"TATT�7
Motion was c
ABSENT: N
item is I
d like to
AYES: Armenta, Clark, Dang, Low, Ly
Discussion
1 t6the City Council at the request of Mayor Sandra Armenta. She
the issue regarding citations and parking enforcement matters.
: That the City Council discuss and provide further direction.
Mayor Armenta read an email that was sent to her, "Dear Mayor, I doubt you'll read this,
let alone even receive it, but I am so angry I have to vent. So we will pray someone will
see this. On March 31, 2020, we received an unfair parking citation and decided we
would definitely appeal it. My husband is 89 years old and I am 69 years old and
completely disabled, so appearing isn't even an option, so we opted to go online and
submit an appeal because there are so many extenuating circumstances as to why we
should have never been cited in the first place. Gathering the proof of information has
taken us much longer than expected. Writing the response was difficult and time
consuming. We received a first notice on April 8, 2020, making the due date for an online
appeal April 20, 2020, not much time. The pressure to get this has put so much stress on
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 19 of 28
both of us but the necessity of proving the citation's unfairness is overwhelming. Today,
I finally finished the explanation for appeal and finally had all the photos ready to back
up what I had to say. I tried to put it online but found my explanation was way too long
and that I could not load all my photos, there was too many. There is no way to shorten
the explanation, every word is necessary to our defense and every photo is needed. So
now what? I am so stressed, so angry, and so hurt. I have no option but to pay the ticket,
time has run out. Not fair. Rosemead always cheats the people. I lived here all my life
since 1951, it's just not fair. I can't even send the response by mail anymore because it's
too late now even for that. We've lost and it's so unfair."
Mayor Armenta read the resident's appeal response: "I am writing,,in., response to a
citation we received recently March 31, 2020, involving our vehicle partially blocking
the sidewalk at the end of our driveway. This is the second citation for the same offense,
and it needs to stop. All of these citations are neither fair or just and'absolutely not the
fault of us, the vehicle owners, but the City of Rosemead itself. Bear with me as I explain.
My dad built this house in 1952 and you can see by, the photos enclosed;, it had a large
driveway with ample space for two cars, a large. --flat area and a long'down slope to
Marshall Street. In 1983, the City of Rosemead made it" mandatory that curbs and
sidewalks would be added to our area and each, homeowner being responsible for the
cost. During construction, our home ended up encountering several problems that had to
be rectified at cost to the city for errors made duringc the excavations. Our property sat
high from the ground and the cutbacks left the yard and driveway with no natural slope
but a dead drop-off. A small retamtng;;wall was finally built to remedy the yard, but the
driveway was a diffePez�t matter. There,s,vill,, e no n?oro,flat surface, only a sharp angled
slant from the garage'to the street, which shortened the driveway so much. It was horrible,
it was however the only solution. By inistake, Rosemead had cutback too much property
and a dispute`arose. Ultimately, -,they made a threat that we either deed the questionable
S1QewaiK DacK LQ Ule YILy UC KGGp 1L UUIJGIVGJ Q11U UG 11dUlU lul mv, pc;ibull Having all
accident on"it. We had no choice butto deed it back and live with the ugly inconvenient
changes. A year later in December 1984 because of my increased disability in walking
due to a disability, we %had,to purchase three ford ton van that could hold my electric cart
and ramp. Unfortunately; even when the van is pulled up as close to the garage as
possible, hung, oyer several inches into the sidewalk. There is no remedy for this; I need
this vehicle. and'T can no longer walk and need the use of my cart. A smaller vehicle is
not`an option. Obviously, I cannot move my garage nor lengthen my driveway. And
parking :anywhere else on my property is forbidden by law; I can't leave my van on the
street as it has already been involved in a hit and run at night from trying that option.
So what else is there left to do? It's my driveway and I have the right to park my vehicle
there — It's where it's supposed to be and think about this — The same van that has been
parked in the same driveway, the same one that Rosemead ruined, for over 30 years has
not once ever been in an accident involving a pedestrian being hurt because they have
had to travel a bit off the sidewalk around my van. It's not a danger because Marshall
Street is wide and has no lane markings, which allows vehicles to utilize the whole street
and therefore never ever get close to anyone walking or playing off the sidewalk. The
City of Rosemead has never cited us in all these 30 years for this infraction until suddenly
now. Again, it's not a danger and it's not our fault."
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 20 of 28
Mayor Armenta noted she responded, "Thank you for bringing this to my attention. I can
assure you that I read and respond to all my emails. I wish you would have emailed me
sooner in order to remedy this without causing this frustration. I will immediately send
this to our City Manager to look into the citation. I can also assure you that the city does
not always cheat its residents as you indicated. I have had residents reach out to me on
many occasions and I have been able to assist them. We need an open communication
with city and residents. Thank you for your pictures and documents, they were very
helpful. I will follow-up with you as soon as possible."
The resident's response to Mayor Armenta's email: "Dear Mayor, I am literally sitting
here so surprised at receiving a response from you, something I never expected even in
my wildest dreams. I submitted that email only because I was feeling so helpless,
hopeless, and frustrated because time had run out on me and I had no options left and I
just needed to vent. I was so shocked to see your response and in such a,short time. Please
forgive me for some of my statements which were made,in'anger. I £eel ashamed now
and hope you accept my apology."
Mayor Armenta displayed the photos that the.\resident attexia;pted to sub mit"with their
appeal; pointed out if the resident parks on the street on traIsh days, she would not be able
to place her trash cans outside for pick-up. Indicatedwhen this matter was brought to the
City Manager's attention, she was;
Mayor Armenta asked if Council Member Clark could share about the previous
administrative process that used to be in place.
Council Member Clark explained there was Building Rehabilitations Appeals Board,
where if someone had an issue with their house or was issued a citation, it provides the
public an opportunity to share their concerns or extenuating circumstances. Indicated this
Board dissolved around 2006; stated she has been wanting to bring this back for years
and she would volunteer to serve on the Board with one other Council Member to ensure
we are still compliant with the Brown Act.
City Attorney Richman stated it is common when property owners
the city if they have a large van and cannot properly park in the driv
term solution typically for ask for an accommodation with the Plann'
another city she works for a resident had an autistic child that,,was
requested their driveway be closer to the front of the door,;.
Mayor Armenta shared another email from a residen
As you know these are very uncertain and hard tun
being affected in some way or another by COVID1
state and local officials are doing to ,.,keep us all
what parking enforcement did to me; an"d I. am sure
the Stay -at -Home Order. I was given, a ticket for.,viol
than 18 inches from the curb. In a time where I am
have only moved my car, for street sweeping, I get p
`Good Afternoon
s we are going
19: While I do
e4sabled to ask
ay shared a long -
Division; shared
,fight risk, so they
Armenta.
Ve are all
what the
End it very cruel and unjust
er families that are following
,ode 225028 for parking more
g,home in doing my part and
She stated When' this was,.brpught to`,the Assistant City Manager, he indicated it was
unsafely parked away from the curb and creating a hazard. Mayor Armenta indicated she
was not even aware' ;thatwe haves Rosemead Parking Administration and only found out
since she*as.copied-on the AssistantCity Manager's response to the resident providing
details
Council Member'Ly stated he respects Mayor Armenta's passion of putting the resident
first and research into this matter; however, with the state that we are in during this
pandemic, sometimes the way we present certain items can be colored and sometimes
even take away from the actual content of the item, so we have to be cautious of that;
opined 'n'your discussion, I feel a lot of the criticisms that were levied towards staff make
it seem like staff was not working towards finding a resolution, even if that resolution
was not a good resolution for what we wanted at that time. I truly believe our staff as a
whole has been incredibly diligent in trying to solve the problems of our residents,
businesses and this Council. I think you brought up some good points here, however I
understand where staff's perspective is in regard to the liability issues such as ADA
compliance. There are a lot of litigators and attorneys out there that take joy in finding
these types of violations and that part of the apron is city owned but if it goes over that
means the city is liable for that ADA violation. That does not mean we cannot find win-
win situations; indicated support for City Attorney Richman's suggestion. Emphasized
when we present and discuss these items that we do so with the due respect that we give
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 22 of 28
each of our colleagues but also to those that serve us on the Council. I believe everyone
has the best interest of Rosemead. Opined the Rehabilitations Appeals Board seems as if
it would put Council Members in a dangerous situation of having to essentially choose
between residents on which point of views or concerns are more important and we need
to administer it as fairly as possible otherwise it will create the perception that we are
picking sides. We take that risk as Council Members and whoever we delegate that
responsibility to if they do not administer the Municipal Code as most as possible
between all parties involved. We represent all members of the community. I respect and
value your opinion on this, but I have to disagree with its approach. It is important we
need to have more conversations that moves away from emails and texts. Urged everyone
to find ways to be more understanding with one another, if there is conflict with our
residents, staff, or Council to resolve those matters with more empathy. "
Mayor Armenta responded she appreciates and values Council Member Ly's input,
however during this course of interaction the reason she hpwv resorts to"emails and texts
is because many times I verbally ask for a status on.items"and the response`I receive is "I
don't recall." So I have no other choice but to put it in writing via email or`text,Concurred
with Mr. Ly about the professionalism, however opined she' also finds it 4isrespectful
that calls, emails, and texts are not being responded,,to. Stated perhaps my approach was
wrong, but I am seeking Council's,,help since I was riot offered that when sought out.
Mayor Pro Tem Low expressed confusion,if Mayor Armenta is seeking Council's help
with how to address these. two cases presented or how to ads, st her with getting help from
staff; agreed with Council Member ;Ly that ,Mayor Armenta always wants to help the
residents, but I am, a black ,and white person. Looking at this, he violated the Code and
that's why Vie h6ve the Code so there is consistency. Stated if we make an exception for
this case to void the ticket; tlien.. can see every time someone gets a ticket they are going
to come tc Council and ask them to void'their ticket — exactly what we don't want. I am
sorry that,the resident,received the ticket, but we have to follow the code. Emphasized in
order to be fair, we ,ha'!e to be consistent. Rehabilitations Appeals Board will create a
,perception that if a resident knows someone on Council then they can get away with
whatever and We don't want that. If Code Enforcement goes out there and does their job,
if we override them, it sends a negative message to staff. In regard to the first case, it is
trickier since it,pertains to ADA compliance.
City Attorney Richman stated if someone is in a wheelchair and trying to cross through
the sidewalk, the City would not be liable, but we do have the obligation to enforce the
ADA compliance by not allowing blocked sidewalks to the best extent we can. And from
Code Enforcement's perspective, that is a clear safety violation. Asserted it is within their
rights as a property owner to take the initiative to approach the City to assist them with
another alternative. Noted City Manager Molleda also suggested another option is to
evaluate if a blue curb could be painted in front of their sidewalk.
Mayor Pro Tem Low ascertained if we are following the Code, I have to be honest, I
myself would not have another way to help with this matter.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 23 of 28
Mayor Armenta clarified the intent is to see what we can do when situations like this
occur through an appeal process — it does not have to be Council, just administrative.
These appeals submitted online are through Citation Processing Center, which are routed
to Newport Beach, so we do not know what or how they are determining the results.
Mayor Pro Tem Low asked if there was another way to submit an appeal if someone did
not have access to the internet.
City Manager Molleda responded appeals can also be submitted by mail; noted if that
appeal gets denied, there is a second step that can be appealed to the Appeal Officer,
which is the City Manager or its designee.
Mayor Pro Tem Low inquired if the resident was informed of both appeal processes.
Assistant City Manager Kim affirmed both of the
website where the resident would go to download
these residents never contacted staff directly regardi
resident tried to submit the appeal online, but,ft
to successfully. Stated if an individual reaches out
the appeal is due, we will work with them if we are;,
the appeal.
Mayor Pro Tem Low stated that she c
we can reach out to the resident and s+
City Attorney Richman advised to let
make a request with the""City. She re
peal processes, are on the City's
e" appeal form; indicated both of
the appeal. In the email stated the
;ome' ason they were not able
as, even on the 21st day in which
ate extra time is needed to submit
the> problem was. On this case,
p the resident.
resident know that she would need to apply to
ted that City staff cannot advise on what the
ask for that accommodation on what options
ayor Pro Tem "Low "stated that Assistant City Manager Kim could contact the resident
notify that during City Council meeting that if they want to that, she would need come
the City an&apply for her request.
Mayor`Armenta stated we as Council advocate for the residents to speak on their behalf,
it doesrt-'"t` negate the fact that the resident reached out to her. As a result, I brought it to
City staff's attention and this is why she felt the need to have brought it to a Council
meeting as a discussion. She stated her recollection on the specifics of the difficulties the
resident was going through on the appeal process. She noted that it shouldn't matter what
avenue the issue went to staff, it was brought up to staff.
Assistant City Manager Kim stated he recalled describing of the proper protocol. If a
resident receives citation, the person that received the citation, needs to submit an appeal.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes ofApri128, 2020
Page 24 of 28
Council Member Clark asked in a situation like this, is our process to have Code
Enforcement leave a warning such as please move your vehicle by today otherwise it will
be cited tomorrow or do they automatically site without a warning.
Mayor Pro Tem Low clarified that this was not the first time as the resident's letter stated
this was their second citation.
Council Member Clark asked if staff reached out to the resident prior to issuing the first
citation.
City Manager Molleda responded this was the first time this matter was".brought to our
attention, so we did not know what reasoning for the first citation.,
City Attorney Richman stated in regard to parking citation do we tissue a warning prior
to issuing a citation.
Assistant City Manager replied generally no.
Mayor Pro Tem Low emphasized if you issue one warning letter, then you "have to be
consistent and start doing warning, letters for all citations.
Council Member Clark stated this
street when they know it -is street sm
Mayor Armenta "clarified I a'n not
clearly see the resident was trying t
sidewalk; opined here are certain si
rjected but
unique" situation because those who park on the
ing day, that. is their fault.
g they are in violation, however, you can
to park within their driveway and clear the
that warrants a judgment call.
judgment call?
that is why I am asking to look into an administrative process.
Pro Ten how asked if there are areas with short driveways and have their cars
with their tails out.
Mrs. Axrrenta responded do we ticket people that do not have sidewalks and are parked
at the base of their driveway?
Mrs. Low stated we don't; asked is that the Code now that people with short driveways
can park on the sidewalk.
Mrs. Armenta noted they just redid her driveway and they were not allowed to pave the
base of the driveway because it is part of the sidewalk that belongs to the City.
Mr. Kim clarified both of those citations are in violation of the California Vehicle Code,
so it is a State Code, not the City's Code.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes ofApri128, 2020
Page 25 of 28
Council Member Ly inquired if that is the case, let's say we create an Appeals Board, do
we have the authority to remedy a State code since it is out of our jurisdiction.
City Attorney Richman responded that we adopted the California Vehicle Code to be part
of our Code, so we can't change the inches; we cannot pass a law that allows people to
block sidewalks because that will be an ADA violation. What are the facts you are
deciding it is appropriate? It's not liability that we are going to be sued, it is more concern
of setting a precedence to a slippery slope.
Mayor Armenta stated the reason for the appeals board is not to waive it; inches, it is a
place to have an opportunity for a win-win situation. For instance,. if "someone needs
additional time for the appeal process or to pay the ticket.
Council Member Clark indicated she had a similar
as they thought they were not being ticketed fc
I would like to have a workshop with Code Enforce
residents kindly.
Mayor Armenta painting a blue
resident's van was already hit of
curb ,fin front of th
ce Tromparking it
not feel Code Etaf
:e judgment calls v
and that is what C
tion"that a resident emailed me
•eet sweeping ,during COVID.
to relay we are here to serve the
erty will not work because the
e street.
,nerit staff should be placed in a
s people will be upset with them.
Enforcement's job is to enforce
our Code Enforcement because they work very
s; emphasized we have to back our staff and
Council Member Dang stated he had a similar experience of people blocking the
sidewalk, but 4is,was from the opposite perspective; there is an Army veteran that is in a
wheelchair, an&every time he gets to a particular portion of the block, he has to go off
the `sidewalk and then get back up to the sidewalk. He stated the veteran must have got
frustrated''and found a new route because he didn't see him after awhile. The reason I am
sharing this story is because there is always two sides of a story otherwise we would not
be in this predicament. Looking at it from an Engineering perspective, it looks like the
van can park parallel to the garage door. Accommodation facilitation, he needed a
handicap ramp in his front yard, so they gave him a waiver; someone has to draw the
plans and submit it to Planning; even though the mechanism is there, it is not as easy as
it sounds as there is a due process of achieving these alternatives. As far as the blue curb,
they can go through the Traffic Commission to make that request.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 26 of 28
Council Member Ly asked Council Member Clark if her desire for the Appeals Board
was to go through a Council level, a Commission, Administrative Officer designated by
the City Manager?
Council Member Clark responded once the City reopens from the pandemic, she would
like to try a two Council Members along with staff.
Mayor Armenta expressed concern if Council would be involved in the Appeals Board
because we don't want to create a perspective of favoritism.
City Attorney Richman stated there is already a process, so the question is do you want
Council to be a part of that process?
Council Member Ly recommended placing an item on a future Council agenda how our
appeals process works as well as some ways to make it City friendly.
Mayor Pro Tem Low echoed it is a good idea to bring back the appeals process for review.
Council Member Clark shared an instance where there was a Public Safety Connections
meeting, a person who was voluntarily serving the City, received a ticket for being two
feet over the red curb; expressed frustration that instead of Code Enforcement trying to
issue a warning, they just gave them a ticket.
City Attorney Richman asked how Code Enforcement would know that individual was
participating in the meeting.
Mayor Armenta responded the staff was asked if he knew that individual was part of the
meeting and indicated yes and still issued a citation.
Council Member Ly opined we have to be careful what authority we give our front-line
staff because sometimes those calls may backfire.
Council Member Clark shared that at a past 4t" of July parade, a member of the public
that was not a member of Council parked in a designated Council parking spot; noted
she observed staff nearby ask that person to move their car so that they do not receive a
ticket; indicated she was happy how staff handled the situation and emphasized open
communication can go a long way.
City Manager Molleda reiterated the direction is that Council would like a full report of
how the appeals process works, and to bring back solutions to make it City friendly.
C. Council Comments
Council Member Ly stated it's important to do our best and seek to understand and then
be understood. It's also important to strive for a win, win opportunity whenever possible.
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 27 of 28
He shared that he had a misunderstanding with a friend over a text and hopes to resolve
the matter face to face conversation in the future over the comment made. He noted that
reading a comment is only ten percent of the actual value statement and sometimes hard
to interpret correctly. He clarified that everyone in the City works for the City and the
residents, businesses, and all have the same goal to make the City better.
Council Member Clark stated she sits on the Los Angeles County Solid Waste Task Force
and asked the City Council to send a letter supporting SB 1191, which gives credit for
cities for good faith efforts on their organics recycling. She urgently requested the letter
be sent, since there was only one hearing scheduled.
Mayor Pro Tem Low agreed with Council Member Ly's comments and stated she
commends City staff for their work and the City Council needed to support them and
work together.
Mayor Armenta disagreed with Council Member Ly and Mayor Pro Tem Low's
comments and did not negate that the City staff does work hard. She expressed there have
been situations where she felt she was not being heard. She continued with her comments
and lamented to adjourn the meeting in memory of Rosemead residents Virginia and
Gilbert Quiroz. Both were very involved with the Rosemead community; however, Mr.
Quiroz was a member of the Latinos Unidos Club and a spokesperson on other senior
clubs. Both Mrs. and Mr. Quiroz passed away days apart and were married for almost 60
years. Thanked the Quiroz family for sharing their parents with the Rosemead
community.
8. ADJOURNMENT
Mayor Armenta adjourned the meeting at 11:18 p.m., in memory of Virginia and
Gilbert Quiroz. The next regular scheduled City Council meeting will take place
on May 12, 2020, at 7:00 p.m. in the Rosemead City Hall Council Chamber.
Ericka Hernandez, City Clerk
APPROVED:
Polly Low, Mayor
Rosemead City Council, Successor Agency to the Community Development
Commission, and Housing Development Corporation Special Joint Meeting
Minutes of April 28, 2020
Page 28 of 28