CC - Minutes - 06-23-20MINUTES 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 Discussion of Potential Development of 8001
Garvey Avenue
Randal Lewis, Owner, Lewis Group of Companies, stated the Company emphasizes
community engagement and developing long-term value.
Adam Collier, Project Manager, Lewis Management Corp, shared a PowerPoint; noted
the Auto Auction site is designated as Garvey Avenue Specific Plan, Incentivized
Mixed Use, and an "Opportunity Project and Site" and was also analyzed as a Project
Level component of the overall Garvey Avenue SP Final EIR. Shared the following
site and Specific Plan constraints: Site lacks freeway access and visibility; GSP-Mixed
Use Zone requires a 65% residential and 35% non-residential floor -area land use mix,
and based on today's market conditions/ economics, this would significantly reduce the
development capacity of the site; A portion of the site is surrounded by single-family
detached homes and out parcels. Indicated the vision and project scope is to make it a
catalyst project for the revitalization of the Garvey Ave corridor and to bring new
residents 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
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 the single-family residence
behind the three-story condominiums in the salmon colored.
Project Manager Collier responded we address the privacy issues by adjusting the
minimum setback to 15' including an 8' minimum landscape buffer and not allowing
3rd floor balconies within a 40' setback. Fast growing hedges that creates a nice green
edge for residents to look at and set
Mayor Armenta expressed concern for parking, which is one of the difficulties we have
when it comes to development.
Mr. Collier asserted that we are cognizant of that, which is why we are proposing more
parking than the Specific Plan requires; stated we are providing two parking spaces per
unit instead of the one required parking space per unit.
In terms of CEQA, the LA Auto Auction site was analyzed at the Project Level in the
Final EIR based on the concept in the Specific Plan. While the proposed project is
different than the concept analyzed in the Specific Plan and Final EIR, overall
development intensity is less than what was analyzed in the maximum building
scenario in the Traffic Study for the project area. Additional technical studies or
memorandums will be required to validate, but the proposed project should be able to
tier from 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
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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 out to 7% of acreage,
not floor area.
Council Member Clark inquired who owns the parcel across the street on Garvey
Avenue and Falling Leaf Avenue, if it was the same owner from the auto auction site;
suggested development there could add more appeal.
Assistant City Manager Kim stated there is a mixed-use project being proposed at that
location.
Council Member Dang asked if we are able to go four -stories on this project.
Mr. Collier stated you can go taller than four -stories if you really wanted to push it.
Council Member Clark expressed concern if we go four -stories or more, then you must
think of the line of sight for the people that live behind there and how underground
parking would work.
Mayor Armenta asked what the next steps are.
Project Manager Collier stated we will conduct site investigations consisting of fault
assessment and sewer capacity analysis; continue to refine the retail component and
uses; 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
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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 anonymous resident.
Dear Mayor Armenta,
First, thank you for your service to our city. I write this memo in an effort to
improve our city. There are three issues. First, we are seeing more than ever, at least
in my neighborhood, a big increase in debris left in front of residences. People are
leaving mattresses, unwanted furniture, etc. at curbside without calling in for the
free pickup services that are provided. I'm aware that residents are notified in the
publications that we get, that pickup is free but must be called for. Further, on this
same subject, the city's response for pickup when I do call in for the city to help,
has been very, very slow in the pickups. One comment; a couple of years ago I was
at a Rosemead City council meeting and asked for help with this issue. I was told
at that time that this debris issue happens mostly by renters and therefore not much
could be done. Please note that the owners of any property can be found very
quickly with just the click of a computer mouse. Property owners, I believe, should
be held responsible for the detrimental and disrespectful actions of their residents.
I suggest that, perhaps, our city should consider an "official" warning to the
offenders for first time offense and a fine if repeats occur. I believe that this would
probably resolve this matter effectively, if not quickly.
Next, there is an enormous amount of debris adjacent to our northernmost border,
specifically 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
perpetrating these crimes seem to have quite a supply of illegal fireworks. I thought
that in itself was a crime. When the 4th finally arrives, it is like a war zone. Well,
it's time for this to STOP!!
I went out of town to do some research. My cousin housesat and took care of my
dog. She relayed that there were explosions every night. My dog was panicked and
agitated. She would sit with him on the porch. His crate is on the porch. There was
one night that they were particularly loud and my dog was so traumatized that he
broke into closed French doors. Since I have gotten home my dog does not want to
leave his crate.
I called the Sheriffs and let them know. They said they would patrol the street. I
called City Hall on Monday. The secretary let me know I could send an email for
Public Comment. She let me know I should contact the Safety Center. I spoke with
them, and they said they would patrol as well. They also let me know the fine for
illegal fireworks is $1,000. I repeated that loudly so maybe the perpetrators would
get the message. Can you imagine all the money that could have been collected
over 20 years. Please consider putting a sign on La Presa Avenue alerting them
about illegal fireworks and the fine. It might need to be translated, some people
might claim ignorance because they do not read or write in English. After 20 years,
I have heard enough!
City Manager 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 THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$1,236,451.01 NUMBERED 106590 THROUGH
NUMBER 106705 INCLUSIVELY
Recommendation: Adopt Resolution No. 2020-24.
• Resolution No. 2020-11 SA
A RESOLUTION OF THE CITY OF ROSEMEAD AS
THE SUCCESSOR AGENCY TO THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF ROSEMEAD ALLOWING CERTAIN
CLAIMS AND DEMANDS IN THE SUM OF $3,953.00
NUMBERED 10294 THROUGH NUMBER 10295
INCLUSIVELY
Recommendation: Adopt Resolution No. 2020-11 SA.
C. Authorized Signers on Bank/Credit Card Accounts for the City and the Rosemead
Housing Development Corporation
The City of Rosemead (City) and the Rosemead Housing Development Corporation
(RHDC) 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 Resolution No.
2020-06, entitled:
A RESOLUTION OF THE ROSEMEAD HOUSING
DEVELOPMENT CORPORATION DESIGNATING THE
EXECUTIVE DIRECTOR, THE ASSISTANT
EXECUTIVE DIRECTOR, THE DIRECTOR OF
FINANCE AND THE FINANCE MANAGER AS
AUTHORIZED SIGNERS FOR THE COMMISSION'S
BANK/CREDIT CARD ACCOUNTS WITH BANK OF
AMERICA OR ANY FUTURE SUCCESSOR BANK
D. Local Early Action Planning (LEAP) Grant Program Resolution
The LEAP Grant provides funding to jurisdictions for the preparation and adoption
of planning documents, including process improvements that accelerate housing
production and facilitate compliance in implementing the 6th Cycle Regional
Housing Need Assessment (RHNA). The estimated award amount for Rosemead is
up $150,000 (small localities with a population of 20,000-59,999 people). The
Planning Division is currently in the process of completing the grant application.
As part of the LEAP Planning Grant Application, the City Council must fully
execute 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 6�' 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 Rosemead High School as a
School Resource Officer (SRO). Under an annual Agreement, the El Monte Union
High School District currently shares the cost of the SRO with the City for the hours
that the SRO is assigned to Rosemead High School. The proposed Agreement
between the City and the District is the SRO Service Agreement for the 2020-2021
school calendar year.
Recommendation: That the City Council authorize the City Manager to execute the
cost sharing agreement with the El Monte Union High School District to fund the
SRO position in the amount of $134,842. This would amount to the one-half cost
of the SRO Deputy for 1,648 hours.
F. Consideration to Cancel the July 28, and August 1, 2020 City Council Meetings
On December 10, 2019, the City Council approved the 2020 Meetings Schedule
and cancelled the second meeting in August for summer break. At this time, the
City Council will consider the cancellation of the July 28, and August 11, 2020,
City Council meeting due to a lack of quorum.
The City Council maintains the ability to adjust other meeting dates and will
schedule a regular City Council meeting on August 25, 2020.
Recommendation: 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 Fiscal Year 20-21.
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
B. Annual Fiscal Year 20-21 Comprehensive Fee Resolution
The City provides various "individualized" services (i.e., inspections, permits,
variances, etc.) that are not of general benefit. Historically, many of these services
have been provided at a city cost greater than the price being charged for them thus,
resulting in the subsidies of the remaining costs of service from the general
taxpayers. As a matter of routine fee maintenance, to keep pace with increasing
costs of individualized services, and to keep the City's Schedule within current
State Law, the fees charged to users' needs to be reviewed on a yearly basis per
City Council policy.
In the interest of being responsive to the service needs of Rosemead residents and
businesses, not all fees need to be adjusted and some are controlled by statute.
Consequently, very few fees are being recommended for an adjustment this year.
Recommendation: That the City Council adopt Resolution No. 2020-21, entitled:
A 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 5B, 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.
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and Housing Development Corporation Special and Regular Joint Meeting
Minutes of June 23, 2020
Page 9 of 20
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 Mayor Pro Tem Low
to adopt Resolution No. 2020-21, entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA,
ADOPTING A COMPREHENSIVE SCHEDULE
OF FEES AND CHARGES
Motion was carried out by the following vote AYES: Armenta, Clark, Dang,
Low, Ly ABSENT: None
6. MATTERS FROM CITY MANAGER & STAFF
A. Professional Services Agreement to Provide MS4 NPDES Permit Services for
Fiscal Year 2020-21
On May 8, 2018, after an extensive Request for Proposal process the City of
Rosemead selected CWE to provide their expertise to the City of Rosemead for the
management of stormwater-related issues in the amount of $179,979. Additionally,
the City of Rosemead amended the contract on December 17, 2019, to have CWE
continue their services through June 30, 2020.
The City of Rosemead received a proposal from CWE to continue their services for
12 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 calling on the
Governor' and state elected to urge the Regional Board to ease the MS4 permit
requirements states that we have been incorrectly assigned to the Upper Los
Angeles River EWMP group and that we are not subject to the TMDL's for the
pollutants that we are being required to clean up. I have serious concerns with the
current Staff Report that puts the steps in the contract that state continuing with the
ULAR EWMP. Thus part of the exorbitant costs are cleaning up other city's
pollutants. I want to point out the history of our desire to leave the ULAR due to
these reasons:
Exhibit A: 1/7/2016 Council Memo states "Anthony La is working hard on
exploring ways for the City to avoid these future capital costs. Most engineers
(including Anthony), recognize the cost estimates in the EWMP are very rough,
and they are identified for projects that may not be the most cost-effective as
we progress with further analysis for individual cities (rather than analysis at a
regional level). Rosemead's estimated costs includes $88.99 million for private
regional projects; meaning construction of infiltration basins on private
properties that require land acquisition. This land acquisition and capital facility
construction does not make sense from a staff standpoint as we can work with
school districts, parks (including Whittier Narrows) and SCE to find other
means to better capture stormwater."
2. Exhibit 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
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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 joined the ULAR (I
will not burden you with copies of these but feel free to call me about them
if you so desire.
1. The State Unfunded Mandates commission stated that the EWMPs go
beyond the EPA's requirements for stormwater projects and therefore
are unfunded mandates.
2. The State of California, at the request of Assemblymembers Al
Maratsuchi and Blanca Rubio, performed an audit on the EWMP
programs and came back with a scathing ruling that the Regional Board
had gone way beyond their authority.
3. The Court under Judge Glenda Sanders ruled just late last year that the
TMDL's are invalid. While the Regional Board is appealing that, it still
points out serious issues with the permit.
4. The Regional Board itself has had a change of Board members and just
recently at the request of Board Member Larry Yee and seconded by
Board Member Jim Stahl (former CEO of the LA County Sanitation
Districts) is having a special Board meeting on July 2nd to consider
delaying the permit by a year due to:
a) Need to adjust to the pandemic crisis.
b) 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
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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 OWE 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 recommends entering into
a Professional Services Agreement with CWE to steer the City of Rosemead
through its compliance issues with the MS4 Permit through June 30, 2021, and with
annual reporting through December 31, 2021.
Mayor Pro Tem Low asked staff to clarify if they are recommending Council
considers to enter into another contract with CWE; acknowledged Council Member
Clark's concern expressed in letter regarding the cost; opined it is a separate
discussion whether the City should leave the EWMP as it is a big project for the
City to take on all by ourselves; stated we want to save as much money as possible,
but it will cost us money to go out to RFP, rather than continuing a contract with
CWE who has already been providing these services.
Council Member Clark emphasized the issue is not with the company, but rather
that we may not have to do an Enhanced Watershed Management Plan as the State
Unfunded Mandates Commission stated the EWMPs go beyond the EPA's
requirements for stormwater projects and therefore are unfunded mandates. She
suggested continuing with CWE for the current tasks, but still go out to bid, to see
if other consultants can come up with a better plan.
Director of Public Works Daste stated the Water Board said here are the numbers
you must meet, but does not care how we meet compliancy and that is why
the EWMP consultants came up with these $110,000,000 plans; explained the City
of Bell 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.
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and Housing Development Corporation Special and Regular Joint Meeting
Minutes of June 23, 2020
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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 indicated they are going to
have Rosemead continue with the Upper LA EWMP, even though Council Member
Clark has expressed opposition to continuing with the EWMP.
Mr. Green responded he does not object moving out of the Upper LA EWMP,
emphasizing as long as it is done at the right time, which is not this year; reiterated
he will be happy to strategize with City staff once the time is right.
Mayor Armenta referenced in the scope of work, it states CWE is also here to
capture and treat water; asked what have we been doing here in Rosemead to
capture and treat water in the past two years?
Mr. Green replied that was not part of my contract; clarified 80% of my last and
current contract is purely focused on the compliance issues the city needs to meet
each year, not the long-term plan; noted CWE has provided industrial and
commercial inspections that were required by the permit and other services that will
help align the City with their end goal; acknowledged unfortunately we missed out
on safe cleaning water programs as we were not ready and did not have a lot of
votes.
Mayor Armenta stated Mr. Green keeps saying it is not the right time to move out
of 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 CWT, no one talked or dealt with these
issues; opined OWE has proven itself within the last two years of helping us address
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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 EW -MP 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 closed the public comment
period.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Low
to table this item for further discussion at the August 25, 2020 meeting for Council
to consider an amendment to the Professional Services Agreement with CWE to
provide MS4 NPDES Permit Services. Motion was carried by the following vote:
AYES: Armenta, Clark, Dang, Low, and Ly
NOES: None
ABSTAIN: None
ABSENT: None
B. COVID-19 Update
This is a recurring item that will be on the agenda to update the City Council on
items related to COVID-19.
Recommendation: That the City Council discuss and provide further direction.
City Manager Molleda stated effective June 19, 2020, select locations and
businesses have 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 lst 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.
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and Housing Development Corporation Special and Regular Joint Meeting
Minutes of June 23, 2020
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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 Member Sean
Dang. He would like to discuss the City's soils report requirements in liquefaction
zones. Attached, for your convenience, is the current policy.
Recommendation: That the City Council discuss and provide further direction.
Council Member Dang indicated at the last Council meeting, he asked staff to look
into adopting the LA County's Memo "Policy on Soil Investigation in Designated
Liquefaction Zones"; discussed the Seismic Hazards Mapping Act (SHMA)
which identifies map areas prone to earthquake hazards of liquefaction (failure of
water -saturated soil), earthquake -induced landslides and amplified ground shaking.
The purpose of the SHMA is to reduce the threat to public safety and to minimize
the loss of life and property by identifying and mitigating these seismic hazards.
Stated the State exempts the soils report, so by adopting a memo in place by LA
County, we would be saving residents $3,000 on every soil report, so on average
$200,000 - $250,000.
Director of Community Development Frausto-Lupo stated we do follow some of
the LA County's Building Codes, however, the overarching laws we follow are the
California Building Codes and Residential Codes, which state that the Building
Official does have some discretion. Clarified we do not require a soils report for all
ADUs such as if an ADU is attached to an existing structure. Explained we cannot
compare ourselves to neighboring cities because the liquefying zones vary and
some 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.
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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 Building and Safety
Division's Policy Memo on Residential Soils Report Guidelines: "The Building
Official will consider `soils opinion letters' in lieu of a site-specific soils report on
a case-by-case basis under the following general conditions". Opined the "in lieu
of means instead of, which there is an exemption to requiring a soils report.
Building Official Fliehmann said his role as the Building Official is to make
interpretations of the Code to determine what it actually says; explained the "in lieu
of says if I found questionable soil and am going to require a soils report, but
advise the Building Official to not require a soils report, then the in lieu of default
1500 -pound value would kick in.
Director of Community Development Frausto-Lupo stated that the City of El Monte
only requires a soil report for a two-story structure, while South El Monte and
Temple City does provide the exemption.
Mayor Pro Tem Low asked which surrounding cities that is in the liquefaction
zones requires a soils report for single-family dwellings, like we do.
Mrs. Frausto-Lupo replied that the City of Baldwin Park requires a soils report for
new construction; noted the City of San Gabriel does as well, however they have a
small liquefaction zone and do look at situations on a case-by-case basis.
City Engineer Ackerman clarified what is under the City Building Official's
purview is 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 dune 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 legal question
but also extremely technical.
Mayor Pro Tem Low opined we should keep our normal process following either
the County or State Code; noting she does not want to start adopting memos as they
appeal to certain matters; indicated support to leave it up to the Building Official's
professional opinion.
Mayor Armenta suggested Council Member Dang discuss with the City Manager
what direction he would like to recommend after the City Attorney is able to review
this matter further, then bring it back to Council at a future meeting.
B. Letter of Support for VMT Implementation Delay
This item is presented to the City Council at the request of Council Member
Margaret Clark. She would like to discuss the City Council supporting the delay
of the implementation of Vehicle Miles Traveled (VMT) from July 1, 2020 to
July 1, 2021.
Recommendation: That the City Council discuss and provide further direction.
Council Member Clark stated she is asking that we send a letter to Governor
Newsom requesting to delay the implementation of the vehicle miles traveled
(VMT). 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
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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
July 1, 2021.
Mayor Armenta asked how this letter impacts the City of Rosemead.
City Manager Molleda responded it does not.
Council Member Clark opined this could affect Rosemead with future projects.
Director of Community Development Frausto-Lupo stated the Building Industry is
hoping that if the implementation is delayed, the State will change the law.
Mayor Armenta emphasized she does not feel comfortable signing a letter that does
not impact the City of Rosemead; however, suggested any Council Member that
would like to sign their name to this letter supporting the request for delay,
then they can do so.
Mayor Pro Tem Low concurred with Mayor Armenta.
Council Member Clark asked if staff could just have the letter be sent on her behalf.
City Manager Molleda clarified that the letter will not be placed on City letterhead.
City Attorney Richman responded it can be placed on City letterhead, noting
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.
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and Housing Development Corporation Special and Regular Joint Meeting
Minutes of June 23, 2020
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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, City Clerk
APPROVED:
Polly Lbw . aydr
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and Housing Development Corporation Special and Regular Joint Meeting
Minutes of June 23, 2020
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