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CC - Item 4B - Minutes of June 23, 2020MINUTES OF THE CITY COUNCIL SPECIAL AND CITY COUNCIL, SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION, AND HOUSING DEVELOPMENT CORPORATION REGULAR JOINT MEETING JUNE 23, 2020 The special meeting of the Rosemead City Council was called to order by Mayor Pro Tem Low at 5:40 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Armenta (arrived at 5:55 p.m.), Mayor Pro Tem Low, Council Members Clark, Dang, and Ly (teleconferenced) ABSENT: None 1. WORKSHOP A. Workshop Presentation and DiscussionPote Developme of 8001 Garvey Avenue Randal Lewis Owner Lewis Gro anie Im ted the Company emphasizes community engageraffifiWd devel 'ng 101 -MO va Adam ColUdSffloiect MaNker, Le anagemZWCorp, shared a PowerPoint; noted the Auto A 'on site ' esignate s Garvey Avenue Specific Plan, Incentivized ANWILse, a ' Pr t and Site" and was also analyzed as a Project e on the ove ey Avenue SP Final EIR. Shared the following site and 'fic constraints: Site lacks freeway access and visibility; GSP-Mixed Use Zone ires % residential and 35% non-residential floor -area land use mix, nd based o day' arket conditions/ economics, this would significantly reduce the velopme apacity of the site; A portion of the site is surrounded by single-family ch es and out parcels. Indicated the vision and project scope is to make it a c roject for the revitalization of the Garvey Ave corridor and to bring new res ents who will bring money to spend and invest in the community and serve existing residents in the community while creating a unique place. Council Member Dang asked if there was a color -coded legend to explain what the color patters mean on the conceptual site plan. Project Manager Collier responded there is not a legend, explained we are proposing three different product types, which will a mix of three-story buildings, and are all four cell condominiums. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 1 of 20 AGENDA ITEM 4.B Mayor Armenta inquired what type of retail or restaurants would be coming in; asked who is going to maintain ownership of this property — is it the current owner or is it being sold to someone else? Mr. Collier replied that is something we are working on with this concept, however, we need general direction from the city before we can take it to market; stated we are in escrow trying to purchase the property and will be looking for entitlements; indicated in order to proceed with the proposed project, a Specific Plan Amendment will be required as the adopted Specific Plan includes overly prescriptive development standards and concepts for the site that discourage creative design flexibility often required to respond to market demand. Council Member Clark inquired how would you protect thesingl ly residence behind the three-story condominiums in the salmon colored. Project Manager Collier responded we address the cry issuelft adjusting the minimum setback to 15' including an 8' minimumdWciscape buffer IOLnot allowing 3rd floor balconies within a 40' setback. Fast mg hedges that crea nice green edge for residents to look at and set Mayor Armenta expressed con( when it comes to development. one of the difficulties we have Mr. Collier ass are co is s why we are proposing more parking th pecific n requi , stated we providing two parking spaces per unit instead e one red par space per unit. e CE e LA ion site was analyzed at the Project Level in the Final EI sed the concept in the Specific Plan. While the proposed project is different t LNhe analyzed in the Specific Plan and Final EIR, overall developme ntens is less than what was analyzed in the maximum building enario i e Traffic Study for the project area. Additional technical studies or or s will be required to validate, but the proposed project should be able to ti the certified Final EIR. Council Member Clark asked how many residential components are being proposed; inquired if we are required to have any of these units available for low-income in response to Regional Housing Needs Allocation (RHNA). Project Manager Collier responded our site plan shows conceptually about 360 units; stated we are not in the conceptual plan, however, the Specific Plan does allow for incentives if you do propose low-income. Mayor Pro Tem Low inquired what does the city need to do to accommodate the process with the Specific Plan amendment. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 2 of 20 Assistant City Manager Kim replied the Specific Plan was prepared by the city and the EIR was prepared for a cap of 892 new units within the corridor area and 1.1 million square feet; explained should the project deviate from the guidelines set in the Specific Plan such as a height setback, then the developer would submit a modification to the Specific Plan, which would have to come back to the Council for approval. Mayor Pro Tem Low expressed support for the city to help move the process along. Council Member Dang asked what the percentage of the commercial building in the corner from the GSP-Mixed Use Zone is requires a 65% residential and 35% non- residential floor -area land use mix. Project Manager Collier 1.2 acres out of 15.9 acres, so it comes ouLhiWo of acreage, not floor area. Council Member Clark inquired who owns the par doss the eet on Garvey Avenue and Falling Leaf Avenue, if it was the s ner from the auction site; suggested development there could add mor al. Assistant City Manager Kim state,diiLiere is a millOgAWboject being promised at that location. Council Member DA&ffiII&d if w >fOur_SIt04%�IfyoI ries on this project. Mr. Collie you ca taller really wanted to push it. parking d co rn if we go four -stories or more, then you must sight for le that live behind there and how underground the next steps are. ec ger Collier stated we will conduct site investigations consisting of fault a ntand sewer capacity analysis; continue to refine the retail component and use ; coordinate with staff on revisions and prepare entitlement package; Lewis will engage with a Guest Builder to continue through the approval and development process; we will keep the city informed. Mayor Armenta adjourned the special meeting at 6:49 p.m. 7:00 P.M. 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. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 3 of 20 PLEDGE OF ALLEGIANCE was led by Council Member Clark INVOCATION was led by Mayor Armenta 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, and City Clerk Hernandez 2. PUBLIC COMMENT Mayor Armenta opened the Public Comment period. Mayor Armenta read the Public Comment received via email from an ano ous resident. Dear Mayor Armenta, First, thank you for your service to our city. improve our city. There are three issues. Fir in my neighborhood, a big increase in de e leaving mattresses, unwanted furniture, et free pickup services that areNku,.( I'm1a publications that we get, thati same subject, the city's resp has been very in th rthis me 'n an effort to re seeing more t ever, at least in fro of residen People are i ithout calla 'n for the at residents are no ified in the st be called for. Further, on this do call in for the city to help, a couple of years ago I was at a Rose ity cil m d as r elp with this issue. I was told at that that this is issu ppens most y by renters and therefore not much could b e. P ote tha a owners of any property can be found very wi co uter mouse. Property owners, I believe, should be es p 'ble for the ental and disrespectful actions of their residents. I sug tha erhaps, our city should consider an "official" warning to the offende or fi 'me offense and a fine if repeats occur. I believe that this would probabl solve is matter effectively, if not quickly. efical re is an enormous amount of debris adjacent to our northernmost border, ly between the railroad tracks and the city boundary. There is a huge storage container inside this area, and at the very end of our Muscatel Ave. that has been there for a long time, and it is terribly plastered with graffiti. It's a terrible sight. I implore you to drive to the end of Muscatel and look at it. I have repeatedly called, and written to Union Pacific for help, but have had no reply. I also wrote to Congresswoman Judy Chu, as well as Our County Supervisor for help in resolving this but have no help. I do know the aforementioned areas are not Rosemead, but they are our neighbors, and their properties are filthy. The area is littered with old sofas, shopping carts, etc. Finally, the property at 8932 Grand Ave. is always littered, with trash cans in the front yard and much more. Cars are being parked on the front yard, etc., etc. The above are certainly "quality of living" issues. I seek your help, please. Please feel free to call if you would like my further input, or if I can be of any help in resolving the issues. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 4 of 20 Mayor Armenta read the Public Comment received from Frances Chavez. I have lived in my home for about 20 years. My parents have lived in their home on Grand for about 70 years. So, we have seen many changes in Rosemead. There have been many times I have had to address the Rosemead City Council for various situations. Here is a situation that should have been addressed at least a decade earlier. This year has been outrageous. Every night since the beginning of June there has been a consistent use of illegal fireworks on the La Presa cul de sac behind my house. The sounds seem to be coming from behind my back wall and one of the houses at the end of the street. All the houses around have to put up with an endless bombardment every night until the Fourth of July The people 7 perpetrating these crimes seem to have quite a supply of illegal f ks. I thought that in itself was a crime. When the 4th finally arrives, it i war zone. Well, it's time for this to STOP!! I went out of town to do some research. My housesat an k care of my dog. She relayed that there were explosio ery night. My dog wJWnicked and agitated. She would sit with him on the po His c on the porlWhere was one night that they were partjj&rly loud a was so traumat ed that he broke into closed French doolLI&W I have n home my dog does not want to leave his crate. I called the let th i ey would patrol the street. I called all on day. T cretary le e know I could send an email for Public ent. S t me kn I should contact the Safety Center. I spoke with an uId of as well. They also let me know the fine for I ire is $1,0 ted that loudly so maybe the perpetrators would get t ess Can you imagine all the money that could have been collected over 2 ars. se consider putting a sign on La Presa Avenue alerting them about it al fir rks and the fine. It might need to be translated, some people might ignorance because they do not read or write in English. After 20 years, I h and enough! City Lager Molleda stated we do post on the City's website and social media imploring people not to let off illegal fireworks and advising of the fine for illegal fireworks. Chief of Police Duong asserted the Sheriff Station, along with the Code Enforcement do patrol and respond to calls regarding illegal fireworks to the best of their ability. There being no further speakers, Mayor Armenta closed the Public Comment period. 3. PRESENTATIONS — None 4. PUBLIC HEARING — None Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 5 of 20 5. CONSENT CALENDAR ACTION: Moved by Mayor Pro Tem Low and seconded by Council Member Ly to approve Consent Calendar Items A, and C through G. Council Member Dang pulled Item B for separate discussion. Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None A. Claims and Demands Resolution No. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF CITY OF ROSEMEAD, CALIFORNIA, ALLOT CERTAIN CLAIMS AND DEMANDS IN THE SU $1,236,451.01 NUMBERED 106590 or THIM NUMBER 106705 INCLUSIVELY _ Recommendation: Adopt Resolution No. THE 01WISSION OF �WVUCERTAIN M OF $3,953.00 NUMBER 10295 Bank/Credit Card Accounts for the City and the Rosemead Corporation ity of Rosemead (City) and the Rosemead Housing Development Corporation DC) require several different bank/credit card accounts to efficiently operate financial matters. Staffing has changed for these accounts and there is only one authorized signer left employed under these current accounts. As with our other Bank Accounts, staff is requesting that the City Council and the RHDC's Board authorize the City Manager (Board Executive Officer), the Assistant City Manager (Assistant Executive Officer), the Director of Finance and the Finance Manager to be added by Resolution of the City Council and RCDC Board to be the authorized signatories of the Bank of America credit card accounts. In addition, when new individuals replace incumbents, bank/credit card signature cards must be completed with authority given to the City Manager (Executive Director) and the Finance Director for any additions or deletions of signers due to staff replacements. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 6 of 20 Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 2020-26, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, THE DIRECTOR OF FINANCE AND THE FINANCE MANAGER AS AUTHORIZED SIGNERS FOR CITY BANK/CREDIT CARD ACCOUNTS WITH BANK OF AMERICA OR ANY FUTURE SUCCESSOR BANK/CREDIT CARD ISSUER; and 2. Adopt Housing Development Corporation Reso 2020-06, entitled: A RESOLUTION OF THE ROSEU DEVELOPMENT CORPORATIO APGATHfONGSTj EXECUTIVE DIRECTOR, HE ASSISTANT EXECUTIVE DIRECTOR, T D OR OF FINANCE AND FINAN AGER AS AUTHORIZED SIG ORT OMMISSION'S BANK/CREDIT CA A TS H BANK OF AMRR ANY ITR ES BANK D. Local HWAction Grant Program Resolution EAi o jurisdictions for the preparation and adoption of ijNeedssment 7 , in g process improvements that accelerate housing produ litate compliance in implementing the 6th Cycle Regional Housin (RHNA). The estimated award amount for Rosemead is up $15localities with a population of 20,000-59,999 people). The Plann' ivision is currently in the process of completing the grant application. of the LEAP Planning Grant Application, the City Council must fully cute a resolution authorizing application for, and receipt of, Local Government Planning Support Grant Program funds. Similar to the Senate Bill 2 Planning Grant, the LEAP grant funds, if awarded, will be reimbursable through the California Department of Housing and Community Development. The Planning Division will utilize the funds to hire a consultant to assist staff in updating the Housing Element of the Rosemead General Plan. This includes facilitating compliance with the 6th Cycle RHNA, which covers the planning period of October 2021 through October 2029. The final RHNA allocation will be adopted in October 2020. After the adoption of the final RHNA allocation, each City is required to update their Housing Element by October 2021. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 7 of 20 Recommendation: That the City Council adopt Resolution No. 2020-25, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS E. 2020-2021 School Resource Officer Program Funding The City of Rosemead contracts with the Los Angeles County Sheriff s Department for a Special Assignment Deputy that is assigned to RosemeadSchool as a School Resource Officer (SRO). Under an annual Agreeme 1 Monte Union High School District currently shares the cost of the SR ity for the hours that the SRO is assigned to Rosemead High Sche pr ed Agreement between the City and the District is the SRO SaiWAgreement e 2020-2021 school calendar year. Recommendation: That the' Council aut ity Manager toi'cecute the cost sharing agreement with onte Un igh School District to fund the SRO position in the amount o 1 This Id amount to the one-half cost of the SRO Dep r 1,648 rs. F. Consid to Can the Jul , and Aug , 2020 City Council Meetings *DeceInci r e Cit ouncil approved the 2020 Meetings Schedule csecon in August for summer break. At this time, the City 1 consider the cancellation of the July 28, and August 11, 2020, City C cil ng due to a lack of quorum. The Ci ouncil maintains the ability to adjust other meeting dates and will schgAffa regular City Council meeting on August 25, 2020. We'commendation: That the City Council cancel the July 28, and August 11, 2020, City Council meeting due to lack of quorum. G. Crossing Guard Services and Annual Crossing Guard Cost Sharing Agreement with the School Districts The proposed Agreement with All City Management Services, Inc. (ACMS) is for the annual crossing guard services near local public schools, and the proposed Agreements with the Rosemead School District and the Garvey School District are for cost sharing (one-half between the City and each District) for the said crossing guard services. The total cost for providing crossing guard services for both school districts is approximately $186,449, of which Rosemead School District's portion Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 8 of 20 is approximately $43,504 and Garvey School District's portion is approximately $49.719. The City's portion of funds are included in the City's Fiscal Year 20-21 Budget. Recommendation: That the City Council take the following actions, contingent upon the execution of the School Districts Board's formal approval of the cost sharing agreements: 1. Execute the Agreement with All City Management Services, Inc. for crossing guard services for Fiscal Year 20-21; and 2. Execute the cost sharing Agreements with Rosemead and Garvey School Districts for funding the crossing guard services for the Fiscalar 20-21. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE D B. Annual Fiscal Year 20-21 Comprehensive Fee The City provides various "individi variances, etc.) that are not of general have been provided at a city cliftKeal resulting in the subsidies ofEMM taxpayers. As a matter of ro e costs of individ9111W servic and State La weesJged to City C it policy. JWservices '.e., mspeclW, permits, ;ne is y, many otRm services than a being charged for them thus, tining s of service from the general hinte,na to keep pace with increasing e y's Schedule within current reviewed on a yearly basis per i the service needs of Rosemead residents and all fees ne be the and some are controlled by statute. 6ry few fees are being recommended for an adjustment this year. the City Council adopt Resolution No. 2020-21, entitled: K RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING A COMPREHENSIVE SCHEDULE OF FEES AND CHARGES Council Member Dang pulled Consent Calendar Item 513, referenced page 12 of the Comprehensive Fee Resolution, "Item C. BUILDING PERMIT FEES Based on L.A. County fee schedule and adjusted per Rosemead Municipal Code." Asked who keeps this fee — is a portion or all of it recharged to the City's General Fund or does it go to a consultant? Interim Finance Director Dr. Scott Miller responded it goes to the General Fund as a revenue, but from there it is distributed to specific things that it must pay for required by the law. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 9 of 20 6. Assistant City Manager Kim clarified the current contract with Interwest to provide our building services for plan check and permit fees is set at 47%; so, the consultant receives 47% and we collect 53% of the fees. Council Member Dang inquired if we will need to relook at these fees. Dr. Miller concurred, stating staff is recommending that next fiscal year we have an independent person conduct a fee consultation, to review our fees and compare to the fees of surrounding cities, while determining if our costs to provide those services to residents are within current State Law. ACTION: Moved by Council Member Dang and seconded by to adopt Resolution No. 2020-21, entitled: THE CITY C ADOPTING A OF FEES AND Motion was carried out by Low, Ly ABSENT: None Tem Low Dang, Services for aft-e1W4jEhjLajWve Request for Proposal process the City of ed CWE to p ovide their expertise to the City of Rosemead for the rmwater-related issues in the amount of $179,979. Additionally, s d amended the contract on December 17, 2019, to have CWE services through June 30, 2020. UdWy of Rosemead received a proposal from CWE to continue their services for months through June 30, 2021, for permit compliance and annual reporting services provided through December 31, 2021, for $89,947. Recommendation: That the City Council approve a Professional Services Agreement with CWE to provide MS4 NPDES Permit Services for a period of eighteen months that begins on July 1, 2020, through December 31, 2021, for an amount not -to -exceed $89,947. Mayor Armenta noted the City Council received a letter from Council Member Clark, regarding Item 6A. Council Member Clark read the letter out loud for the record. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 10 of 20 Dear Honorable Mayor and Council Members, I am respectfully asking for your consideration on Item 6A stormwater contract that we consider alternatives. As you are aware, we are in an EWMP (Enhanced Watershed Management Plan) that is projected to cost us $110 million. As you also know, I am freaking out over the fact that we have dipped into our reserves $7 million and who knows if we will have to dip in further. There is NO WAY we can afford $110 million costs for stormwater projects that have no guarantee that we would be in compliance, that they get the pollution out, and that they avoid lawsuits from environmental groups who have already sued. The resolution that we passed in April galling on the Governor' and state elected to urge the Regional Board to ea MS4 permit requirements states that we have been incorrectly assi the Upper Los Angeles River EWMP group and that we are not sub' TMDL's for the pollutants that we are being required to clean up. v seriou cerns with the current Staff Report that puts the steps in the ct that state co ping with the ULAR EWMP. Thus part of the exor ' costs are cleaning other city's pollutants. I want to point out the history ur de ' leave the R due to these reasons: ,,&&. Exhibit A: 1/7/2016 Co41,1% statenthony La is working hard on exploring wa r the Cit avo e fu capital costs. Most engineers (includi recog e at n the EWMP are very rough, an re iden d for is that not be the most cost-effective as we ress wit her an is for individual cities (rather than analysis at a regio v d's mated costs includes $88.99 million for private .ona sects; onstruction of infiltration basins on private p rtie t require Ian acquisition. This land acquisition and capital facility co ctio es not make sense from a staff standpoint as we can work with sch distri , parks (including Whittier Narrows) and SCE to find other me o better capture stormwater." apffh'ibit B: On 8/14/18 I actually made the motion to sign the contract with CWE because then City Engineer Rafael Fajardo stated, "CWE is willing to work with staff on new alternatives to minimize cost for the MS4 implementation. The minutes show "Mayor Pro Tem Clark concurred with Mr. Fajardo; explained it would be beneficial to explore the city's options to create its own EWMP/WMP or joining another group." This was my intent for many years. 3. On 4/23/20 our own Consultant from Transtech, Michael Ackerman, stated similar reasoning in response to questions brought up by the Council meeting when we approved the resolution concerning our not being subject to some of the TMDLs. He said the resolution is a good message to send. These are unfunded mandates and we have other options. We could be in a different Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 11 of 20 Watershed Management Plan (WMP). We are currently part of the Upper LA EWMP (ULAR) and there may be fees if we leave the ULAR, but we don't have to be with our current plan. 4. The consultants, who may have financial interests in keeping the status quo, have often said that we would jeopardize ourselves if we left the ULAR EWMP. As pointed out by our own Engineer, this is not the case: A. Exhibit C. I have several times stated to the Regional Board that we may exit the ULAR and they have said that we can. On May 8, 2018 Mayor Ly signed a letter expressing our potential intent to exit the ULAR. B. Several events have taken place since we reluctantly join he ULAR (I will not burden you with copies of these but feel free e about them if you so desire. The State Unfunded Mandates beyond the EPA's requiremen are unfunded mandates. The State of California, at Maratsuchi and iftaoa Rubi, programs and cangMhwith, had gone way bey]& th 1 stated tli ater proj EWMPs go .-id therefore Assemblyllbnbers Al ed an audit on The EWMP ruling that the Regional Board just late last year that the -d is appealing that, it still is oujffrious iclws with the permit. al Board elf has had a change of Board members and just u f Board Member Larry Yee and seconded by -d Membe tahl (former CEO of the LA County Sanitations 'Cts) is having a special Board meeting on July 2nd to consider the permit by a year due to: reed to adjust to the pandemic crisis. Need more time to address/resolve major issues and concerns raised by the public (this may be in response to the resolution from our city). For these reasons I am extremely disturbed by the quote in the CWE proposed contract that states we will continue in the ULAR. Therefore, I am asking that we go out to bid with the request that consultants applying give their suggestions on potential alternatives to the ULAR EWMP. In the meantime, we can continue to pay CWE for necessary processes. Council Member Clark stated that concluded her letter and welcomed any questions the Council may have. Director of Public Works Daste stated in November 2012, the California Regional Water Quality Control Board, Los Angeles Region adopted the Coastal Los Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 12 of 20 Angeles County MS4 NPDES Permit with Los Angeles County, the County Flood Control District, and 84 incorporated cities as Permittees. In 2013, the City of Rosemead had a choice to do an expensive reporting and monitoring, which costs about $200,000 a year, to demonstrate compliance with the expanding list of objectives, and either pay fines or face nongovernmental organizations (NGO) litigation about not meeting those mandates or the city could join a Water Management Plan (WMP) group. By joining a WMP group, permittees were allowed to fail interim objectives while planning to achieve the final WMP group objectives with various deadlines. In August 2018, following an extensive Request for Proposal Process, the city hired CWE to help steer us through all these different processes. Due to the fact that CWE is intimately aware of the unique challenges the City of Rosemead faces regarding compliance, staff recommend entering into a Professional Services Agreement with CWE to steer the f Rosemead through its compliance issues with the MS4 Permit through ImIdW, 2021, and with annual reporting through December 31, 2021. Mayor Pro Tem Low asked staff to cla considers to enter into another contract wii Clark's concern expressed in letter regE discussion whether the City s ld leave City to take on all by ourselywe but it will cost us money to g u CWE who has been pr 'ding KY are recom ing Council acknowledged cil Member r opined it separate it is abig pr ect for the much money as possible, ontinuing a contract with Counc' ber Cla mpha the issue not with the company, but rather that v not ha do an E nced Watershed Management Plan as the State Nothe issi stated the EWMPs go beyond the EPA's r stormw ects and therefore are unfunded mandates. She o ing with CWE for the current tasks, but still go out to bid, to see Sul can come up with a better plan. Direct, Public Works Daste stated the Water Board said here are the numbers voujW meet, but does not care how we meet compliancy and that is why P consultants came up with these $110,000,000 plans; explained the City OofBell Gardens took a different route by building a cistern at one of their parks, underneath the parking lot, which takes the stormwater from surrounding cities of Bell Gardens, then the water will go in this massive cleaning system and be released back in the river; indicated the surrounding cities all put money to pay for this expensive route; asserted the question is can you get there with big projects that cost a lot of money or can you get there with smaller projects that are not as involved. Council Member Clark clarified the consultant that is running the current EWMP that is cast in stone; the EWMPs were designed during the drought; stated distributed capture can be much more expensive as it could cost up to $14,000. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 13 of 20 Gerald Green, Director of Stormwater, CWE, stated the $90,000 in the contract is mostly covering compliance; reiterated we are going through a permit reissuance process and many things will change over the next year, which will be the most appropriate time to come up with a better plan that is not as costly. Council Member Dang asked how will this roughly drop the price down? Mr. Green responded it will depend on if there are grants involved, but it could be at least a 1/3 less than the City's current plan; indicated CWE is amenable to helping the City customize a EWMP plan more suitable to their desire; asserted it is most cost effective to plan your strategy and continue with the Upper LA EWMP while getting ready for the next permit and strategize how to implement it Mayor Armenta expressed concern that CWE's contract indiodOMhey are going to have Rosemead continue with the Upper LA EWMP, eVA90Mrouncil Member Clark has expressed opposition to continuing wit MP. Mr. Green responded he does not objecliffiWing out of the Upp1WA EWMP, emphasizing as long as it is done at the rig e, w ' s not this y reiterated he will be happy to strategize City staf ime is right. Mayor Armenta referenced i e of WlWit states CWE is also here to capture and tre er; aske hat e b doing here in Rosemead to capture an the p a Ir Mr. Gr e eplied as not of my contract; clarified 80% of my last and nt co use n the compliance issues the city needs to meet e ar, the Ion an; noted CWE has provided industrial and com al i ctions that were required by the permit and other services that will help all the with their end goal; acknowledged unfortunately we missed out on safe aning ater programs as we were not ready and did not have a lot of votes. Armenta stated Mr. Green keeps saying it is not the right time to move out the Upper LA, then when is the right time? Mr. Green asserted there. are different pieces of the puzzle to consider such as when the city can definitively say this is a place, we are ready to tear up for a year to put in something or there could be grants coming in to go after or when the new permit is available, and we know what we're doing. Mayor Armenta stressed this has nothing to do with CWE's work ethics but feels that we could have much more if we possibly went out to bid. Council Member Ly stated prior to hiring CWE, no one talked or dealt with these issues; opined CWE has proven itself within the last two years of helping us address Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 14 of 20 these issues by engaging with the Water Board and changing course now could be dangerous; emphasized it is important that we are protecting our priorities while meeting their regulations as well. Council Member Clark asked if it is safe to say that the EWMPs would potentially not be in the new permit. Mr. Green affirmed the draft does not mention EWMPs. City Attorney Richman emphasized the contract is for monitoring compliance, not moving out of the EWMP group; suggested asking staff to agendize a request for an additional scope of work to perhaps leave the current EWMP. There being no comments, Mayor Armenta opened and clodpublic comment period. v,x° ACTION: Moved by Council Member Ly qpAWKnded by Ma ro Tem Low to table this item for further discussion alE , ugust 25, 2020 meet ,' for Council to consider an amendment to the ProfessiZT, 1 Sery ':Agreement CWE to 01 provide MS4 NPDES Permit vices. Moti � � ` `°' ed by the following vote: y AYES: Armen ang, L and Ly NOES: None ABS one item that `will be on the agenda to update the City Council on 19. That the City Council discuss and provide further direction. olleda stated effective June 19, 2020, select locations and been open with capacity limitations, physical distancing requirements, and infection control guidelines. While we are making good progress, it is important to follow the Safer at Home Order as the COVID-19 pandemic is still active. As of today, there have been 202 confirmed COVID cases and 18 deaths in Rosemead. Unfortunately, despite city's efforts, we will have to cancel the rest of the Parks and Recreation summer programs. Noted City Hall is open to the public Monday through Thursday, from 7 a.m. to 12 p.m., and from 5 p.m. to 6 p.m. The hours of operation will remain until July 1" and will be reevaluated at that time. Shared that the food bank event is this Saturday, June 27th, from 9 a.m. to 12 p.m., at Garvey Center. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 15 of 20 Mayor Armenta expressed condolences to the families that have lost loved ones to COVID; inquired if we have an update on offering a testing site in the city. City Manager Molleda responded we have not been contacted but staff can reach out to the County; asserted that we have posted on the City's website and social media the LA County test sites available. 7. MATTERS FROM MAYOR & CITY COUNCIL A. Soils Report Requirements in Liquefaction Zones This item is presented to the City Council at the request of Council ember Sean Dang. He would like to discuss the City's soils report requireragamw liquefaction zones. Attached, for your convenience, is the current polic Recommendation: That the City Council discuss Council Member Dang indicated at the into adopting the LA County's Memo Liquefaction Zones"; discusthe which identifies map areas p a water -saturated soil), earthqua in The purpose of MA is t educe the loss of erty b Stated ate ex the so pc County, would ving re nts direction. la ncil meeting, he asklWtaff to look Po on S estigation I&esignated 3eis ds Mapping A (SHMA) thqua ards of liquefaction (failure of Mi lands and amplified ground shaking. at ublic safety and to minimize n m gating these seismic hazards. rt, so adopting a memo in place by LA $3,000 on every soil report, so on average Direc f unity Development Frausto-Lupo stated we do follow some of the LA unty uilding Codes, however, the overarching laws we follow are the Califor Buil Codes and Residential Codes, which state that the Building Officia es have some discretion. Clarified we do not require a soils report for all AD ch as if an ADU is attached to an existing structure. Explained we cannot are ourselves to neighboring cities because the liquefying zones vary and ome of our neighboring cities do not have liquefaction zones, so they automatically exempt them. Proposed allowing property owners who are building a detached ADU to exempt them as we are in the process of updating our Code to reduce the size of ADU to 1,000 square feet. Some cities with liquefying zones do have exemptions for ADUs with 1,000 or less, which is something we can look into if Council desires. Council Member Clark expressed concern that we would not want to be responsible for someone dying because of a structure not being built properly or as safely as it should, and only to save some money. Mayor Pro Tem Low asked for clarification as to what code the city follows. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 16 of 20 Building Official Fliehmann responded we adopted the California Residential Code with LA County amendments, however, if LA County has not amended a certain section of the code, then we refer back to the State code; explained the soils report process further — the Soils Engineer will determine what specific analysis and test will be required in order to make the necessary recommendations for grading requirements and foundation design. City Attorney Richman added that you can have a general provision but if there is a more specific law that is more applicable, then you would focus on that specific law. Council Member Dang referred to page 2 of 3 of Rosemead Buildi g and Safety Division's Policy Memo on Residential Soils Report Guideli he Building Official will consider `soils opinion letters' in lieu of a site- is soils report on a case-by-case basis under the following general con ' ined the "in lieu of means instead of, which there is an exemptio a wiring is report. Building Official Fliehmann said his r the Building Offi is to make interpretations of the Code to determine w actu ys; explainWe "in lieu of ' says if I found questiona soil and a o require a soil eport, but advise the Building Official t wire a s eport, then the in lieu of default 1500 -pound value would kick Director of evelo u o ated that the City of El Monte only r a soil rt for o -story s cture, while South El Monte and Temple does de the e ption. as inch surrounding cities that is in the liquefaction report for single-family dwellings, like we do. Wco o-Lu replied that the City of Baldwin Park requires a soils report for ction; noted the City of San Gabriel does as well, however they have a faction zone and do look at situations on a case-by-case basis. eer Ackerman clarified what is under the City Building Official's requiring a soils report if you have known expansive, shifting, or questionable soils. Building Official Fliehmann emphasized the Building Official reserves the option to require a soils report if additional specific information regarding the subject site reveals a cause for soil concerns; indicated we can look for ways to make the Code less restrictive if Council so desires. Council Member Dang asked staff to bring this item to the next Council meeting to consider adopting LA County's Memo "Policy on Soil Investigation in Designated Liquefaction Zones". Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 17 of 20 Council Member Ly inquired if we are continuing this item as a discussion item or if a motion to be drafted and voted on is being asked; opined if it is a motion to vote on, then we cannot just adopt a memo, rather an amendment to the Municipal Code would need to be made. City Attorney Richman reiterated the Building Official already stated he is not comfortable with adopting the County's Memo; emphasizing we cannot direct the Building Official to not require a soils report if it is not his professional opinion. Concurred with Building Official Fliehmann that we can review our Code to determine if it can be amended to be less restrictive within our authority; asserted she will look into it to make a determination whether or not exempting these projects is less protective than the State's Code; indicated this is a egal question but also extremely technical. Mayor Pro Tem Low opined we should keep our nor following either the County or State Code; noting she does not wa t rt adop memos as they appeal to certain matters; indicated support t it up to the B ng Official's professional opinion. Mayor Armenta suggested Co it Membe cuss with the Ci Manager what direction he would like t mend a e City Attorney is able to review this matter further, then bring a ounci future meeting. B. Letter of ;This ite prese to the Council at the request of Council Member k.aret ike discuss the City Council supporting the delay p tation o eMiles Traveled (VMT) from July 1, 2020 to Jul21. the City Council discuss and provide further direction. Co ember Clark stated she is asking that we send a letter to Governor rom requesting to delay the implementation of the vehicle miles traveled MT). Rosemead recognizes that some cities, particularly cities with significant land to build new housing, may be more impacted by VMT than a built -out city like Rosemead where the construction of new housing or large commercial centers may be more limited. The City of Rosemead understands that some cities may have difficulty in establishing thresholds of significance for purposes of analyzing transportation impacts and adopting a resolution regarding VMT for various reasons such as limited staffing during the COVID-19 pandemic. Additionally, due to COVID-19, there have been dramatic changes in transportation patterns because of the expansion of working from home and learning from home, as well as a decrease in public transit ridership because of social distancing and related health orders. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 18 of 20 Delaying the implementation may provide some insight whether these are temporary shifts in transportation patterns or not. The requested extension would also allow for the informed consideration of VMT and other potential changes to CEQA as it affects the homebuilding industry and local municipalities alike. The City's request should not affect those cities that have already began their VMT process. Mayor Pro Tem Low expressed confusion as to what is being asked since Council previously approved a resolution adopting the VMT Thresholds of Significance. Director of Community Development Frausto-Lupo clarified Council Member Clark is asking for a one-year delay of implementation from July 1, 2020 to y is foes that ,lay, calf, ead. ting the narrative would simply be changed from on behalf of the City of Rosemead to Council Member Clark. C. Council Comments Council Member Clark asked to adjourn tonight's meeting in memory of Mary Slemp, a longtime Rosemead resident; noted she had a resident contact her that he is willing to walk through his neighborhood to hand out flyers and get the message out there regarding bulky item pickups. Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 19 of 20 Mayor Armenta stated there is a unity appreciation lunch for the Sheriff's Station on June 25th, from 12 p.m. to 3 p.m.; thanked Chief of Police Duong who has been instrumental in helping coordinate this. 8. ADJOURNMENT Mayor Armenta adjourned the meeting at 10:55 p.m., in memory of Eddie Mendez and Mary Slemp, both longtime Rosemead residents. The next regular scheduled City Council meeting will take place on July 14, 2020, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, Polly Low, Mayor Rosemead City Council, Successor Agency to the Community Development Commission, and Housing Development Corporation Special and Regular Joint Meeting Minutes of June 23, 2020 Page 20 of 20