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CC - Minutes - 06-22-21MINUTES OF THE CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION SPECIAL AND REGULAR JOINT MEETING JUNE 22, 2021 The special meeting of the Rosemead City Council was called to order by Mayor Low at 6:03 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Low, Mayor Pro Tem Dang, Council Members Armenta and Clark ABSENT: Council Member Ly STAFF PRESENT: City Attorney Richman and City Clerk Hernandez 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 potential case) Regarding letter to City dated April 8, 2021, on behalf of Huang Chen and Li Yuan Chen/Friendly Inn, located at 2146 San Gabriel Blvd., addressing Conditional Use Permit Modification 21-01 City Attorney Richman stated there was no Public Comment for the Closed Session; indicated Counsel Special Attorney Scott Porter will be facilitating Closed Session, as she recused herself since she will be handling the matter; announced reportable actions will be reported at the regular City Council meeting at 7:00 p.m. City Council recessed to Closed Session The regular meeting of the Rosemead City Council and Housing Development Corporation was called to order by Mayor Low at 7:07 p.m. PRESENT: Mayor Low, Mayor Pro Tem Dang, Council Members Armenta and Clark ABSENT: Council Member Ly PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Dang INVOCATION was led by Council Member Armenta STAFF PRESENT: Assistant City Manager Kim, City Attorney Richman, Chief of Police Lt. Hernandez, Director of Community Development Frausto-Lupo, Acting Director of Public Works Ansari, Director of Parks and Recreation Boecking, and City Clerk Hernandez City Attorney Richman stated that Counsel Special Attorney Porter did not indicate there was any reportable action taken in Closed Session. Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page I of 8 2. PUBLIC COMMENT Mayor Low opened the Public Comment period Felix Huang Proiect Coordinator, National Asian Pacific American Families A ag inst Substance Abuse (NAPAFASA), shared about Healthy Housing Rosemead, a community coalition who promotes the public's knowledge of issues related to health and housing; this coalition is connected to Rosemead's goal to enhancing public safety and quality of life. Mr. Huang discussed the issue of secondhand smoke which affects the quality of life; noted according to the U.S. Surgeon General, there is no safe level of secondhand smoke exposure, and in fact approximately 41,000 nonsmoking adults die every year from secondhand smoke exposure in the U.S. He indicated 17 cities in total including Alhambra, Temple City, Pasadena, and South Pasadena, have implemented smoke-free housing policies that protect residents' rights to clean air in private units, balconies, and common areas of dwellings with multiple units. Pastor Jonathan Wu, Evergreen Baptist Church of Los Angeles, provided an update on the Rosemead Churches food distribution initiative; stated at the beginning of last year we were invited by the city to begin a food distribution program, and then in May was granted $25,000 through the Cares Act Initiative. Thanked the City Council and staff for their support during this year; shared that the local Rosemead Churches have hosted a monthly food drive since August and have gone extremely successful; indicated we have seen an excess of 400 families in need come by in the past four to five months. Pastor Wu noted this Saturday, June 261h, will be our final food drive within this contract season and will be preparing a total of 450 food boxes for distribution. We will be taking a pause in July, August, and September, as he was granted a 3 -month sabbatical from Evergreen Baptist Church; so, the churches decided we will resume our food drives upon my return in the beginning of October. Pastor Wu expressed that the Churches and him are grateful for the City Council's partnership and decision to extend the agreement through calendar 2021-2022 to continue serving the community. City Clerk Hernandez read the following Public Comment sent via email from Sue Yamamoto, Community Library Manager, "Just a reminder that Rosemead Library is open Monday — Friday! Please callus at (626) 573-5220 for information on using the computers, signing up for the Summer Reading Program, checking out a Chromebook or Work Ready Laptop and links to a wide variety of virtual programs." There being no further comments, Mayor Low closed the Public Comment period 3. PRESENTATIONS A. Proclamation Declaring June 2021 as "Pride Month" in the City of Rosemead Mayor Low stated the City Council approved the Proclamation at the previous meeting and was officially declaring June 2021 as "Pride Month" in the City of Rosemead; indicated staff will post it on the City's social media outlets. Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 2 of 8 4. PUBLIC HEARING A. Public Hearing on Appeal of Modification 21-01 On April 5, 2021, the Planning Commission conducted a duly noticed public hearing of a City Initiated Modification 2 1 -01 to amend the conditions of approval of Conditional Use Permit 88-447 for a motel at 2146 San Gabriel Boulevard ("Friendly Inn"). The Planning Commission approved Modification 21-01 containing staff s recommended conditions as well as the addition of an amended Condition of Approval to No. 21 by adding two additional armed security guards for a total of four -armed security guards. On April 8, 2021, the City Clerk's Office received a letter of appeal from the Law Offices of Frank A. Weiser, representing the business and property owners of the Friendly Inn, located at 2146 San Gabriel Boulevard. As a result, the public hearing for the appeal was scheduled for June 22, 2021, with the City Council. Recommendation: That the City Council direct staff to prepare a resolution with findings denying this appeal and supporting Modification 21-01 and present this to the Council for adoption at its July 13, 2021, City Council Meeting. Scott Porter, with the law firm of Jones & Mayer, served as Special Legal Counsel to the City Council for this matter. He explained his position on the matter was a neutral and only to provide assistance to the City Council on the impartial decision- making process. Introduced Mr. Al Ford, City Attorney to City staff to advocate to uphold the decision of the Planning Commission. Introduced Mr. Frank Weiser, the attorney who appealed the decision on behalf of his clients, the owners of the Friendly Inn. On April 8, 2021, the City Clerk's Office received a letter of appeal from the Law Offices of Frank A. Weiser, representing the business and property owners of the Friendly Inn, located at 2146 San Gabriel Boulevard. At the City Council appeal public hearing, the appellant's attorney, Mr. Weiser, requested that the City Council continue the public hearing as a result of potential due process violations. Mr. Weiser argued that there are tenants, who he also represents, living at the Friendly Inn for more than 30 days who were never given notice of the public hearings. He stated that they have independent due process rights and quoted a few case laws. Mr. Weiser also argued that he had not received any police reports. He asserted that without the police reports, he was unable to defend his case and, therefore, a violation of due process. Furthermore, Mr. Weiser argued that a Conditional Use Permit is a property interest and protected by due process and the due process was not adhered to without full evidence. For those reasons, he requested the City Council to continue the public hearing. Mr. Ford argued that police records are not public records, and the Public Records Act is clear about the exemption. In addition, he added that certain information is disclosable, such as the calls for service, which were incorporated into the staff Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 3 of 8 reports that both the Planning Commission and City Council received. He added that the Rosemead Municipal Code is clear and prohibits renters to stay in excess of 30 consecutive days, unless authorized by the conditional use permit. Conditions of approval of Conditional Use Permit 88-447 also prohibits motel occupancy in excess of 30 consecutive days. The Affidavit, which accepted the conditions of approval was signed and submitted by the appellant on March 11, 2021. Furthermore, he added that the due process violations brought up at the meeting by Mr. Weiser were never brought in the past. Additionally, Mr. Ford emphasized that Mr. Weiser had not previously stated that he represented both the appellant and the motel occupants that have stayed in excess of 30 days. After hearing all arguments, the City Council proceeded with presentations by City Attorney Ford and the appellant's attorney, Mr. Weiser. Mr. Ford's presentation included interviews with the Planning Division, Building and Safety Division, and the former Chief of Police. The questions were related to the history of the Conditional Use Permit, building inspections, and public safety concerns. Mr. Weiser reiterated his arguments from his appeal letter, the establishment of permanent residency for motel occupants who have stayed in excess of 30 days, the City's request to review registration cards as unconstitutional, and expressed the appellant's financial burden to provide four -armed security guards. The following public testimonies were taken for the record: Spoke against the Friendly Inn: • Velia Navarro, A nearby resident, spoke against the motel. Spoke in support of the Friendly Inn: • Eric, Neighbor • Zhan Chiu, Motel resident • Andrew Chen, Motel resident • Julian Teller, Motel resident • Jennifer Muro, Motel resident • Robert Lucero, Motel resident • Nelson Gonzalez, Motel resident • Maoson Young, Chairman for Greater Los Angeles Hotel/ Motel Association The City Council expressed their support for all businesses to thrive in the City. The City Council also expressed that they would like to work with the appellant to find a solution for the security guard requirement. Mr. Weiser expressed that as an alternative, the appellant would prefer hiring a private security to patrol the motel at certain hours, instead of hiring four -armed security guards. ACTION: Moved by Council Member Armenta and seconded by Mayor Pro Tem Dang to continue the Public Hearing and requested additional discussion to be made on the health and safety issues discussed in the City Council Staff Report. They also requested that the appellant's attorney, Mr. Weiser, provide the following: Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 4 of 8 1. Distribute the City's notice to the motel occupants that have stayed in excess of 30 days of the continued public hearing. The notice will provide them with the ability to express their testimony at the meeting. 2. Provide cost estimates of private patrol vs. dedicated armed security guards. 3. Provide proof of laws that establish permanent residency for motel occupants that have stayed in excess of 30 days. The motion was carred out by the following roll call vote AYES: Armenta, Clark, Dang, Low NOES: None ABSENT: Ly The City Council continued the Public Hearing for July 13, 2021. 5. CONSENT CALENDAR ACTION: Moved by Council Member Clark and seconded by Council Member Armenta to approve Consent Calendar Items A, B, and C. The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low NOES: None ABSENT: Ly A. Claims and Demands • Resolution No. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $738,778.00 CHECKS NUMBERED 109067 THROUGH NUMBER 109152, DRAFTS NUMBERED 5104 THROUGH NUMBER 5115, AND EFT NUMBERED 50591 THROUGH NUMBER 50602 INCLUSIVELY Recommendation: Adopt Resolution No. 2021-31. • Resolution No. 2021-04RHDC A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,000.00 NUMBERED 1625 INCLUSIVELY Recommendation: Adopt Resolution No. 2021-04 RHDC. Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 5 of 8 B. Adopt Resolution No. 2021-32 - Approving SBI Project List for FY 21-22 Under the Road Repair and Accountability Act Of 2017 (SB1 Beall) On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. Beginning November 1, 2017, the State Controller will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems. Prior to receiving an allotment of RMRA funds from the State Controller each fiscal year, the City must submit a proposed project list to be funded with the estimated revenue allocations to the California Transportation Commission. Recommendation: That the City Council adopt Resolution No. 2021-32, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 C. Contract Amendment for Senior Meals with Bateman Community Living, LLC d.b.a. Trio Community Meals On June 9, 2020, the City Council awarded a three-year contract with two additional one-year extensions to Bateman Community Living, LLC d.b.a. TRIO Community Meals. The contract is to provide meals for the Senior Nutrition Program. The contract has a maximum number of meals of 560 meals per week (Monday thru Friday) for 52 weeks at a set price of $3.81 per meal ($110,947 annually). Staff is recommending that the City Council approve an increase of meals per week which would bring the maximum number of meals to 800 per week for 52 weeks ($158,496 annually). The surge is due to the increased participation in the program due to the pandemic. Recommendation: That the City Council take the following actions: 1. Approve the proposed contract amendment with Bateman Community Living, LLC. d.b.a. TRIO Community Meal; and 2. Authorize the City Manager to execute the contract amendment on behalf of the City. Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 202/ Page 6 of 8 6. MATTERS FROM CITY MANAGER & STAFF A. 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. By Consensus the City Council decided to skip this item since City Manager Molleda is not here to present tonight. 7. MATTERS FROM MAYOR & CITY COUNCIL A. Council Comments Council Member Clark stated she noticed in the June 3`d Council Weekly Update that a Request for Proposal was issued to provide Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit professional compliance and support services; expressed concern as she thought the proposal was just for routine services, not for the whole permit process; opined this should have been taken to Council for consideration. Emphasized the California Regional Water Quality Control Board, Los Angeles Region just amended the MS4 NPDES Permit requirements. Council Member Clark indicated she spoke with Interim Director of Public Works Ansari to see if we could postpone the actual RFP to modify to ensure it meets the new permit requirements; suggested the city ask the proposers to come up with a better plan that will meet the new requirements at a feasible cost. Mayor Low asked Assistant City Manager Kim to address Council Member Clark's concerns. Assistant City Manager Kim affirmed he will discuss this matter with the Interim Director of Public Works tomorrow. Council Member Armenta shared that it is time again for the Back -to -School Resource Fair; invited the community to participate in a fundraiser event on Tuesday, June 29th, from 9:30 a.m. to 10:00 p.m., at the Panda Express located at 1717 Walnut Grove Avenue, noting all proceeds will go towards the Backpack Giveaway filled with school supplies for our local students; asked staff to promote the fundraiser event on the city website and social media outlets. Mrs. Armenta stated Bobbi Breusch, Garvey School District Board Member, inquired if the city plans to help the victims of the recent mobile home park fire in Rosemead. Council Member Armenta thanked Assistant City Manager Kim for always being responsive whenever she has requests. Mayor Low expressed that she hopes City Manager Molleda rests and gets well soon. Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 7 of 8 8. ADJOURNMENT Mayor Low adjourned the meeting at 11:17 p.m. The next regular scheduled meeting will take place on July 13, 2021, at 7:00 p.m. in the Rosemead City Hall Council Chamber. m - _ Ericka Hernandez, City Clerk = APPROVED: Sean Dang, Mayor Rosemead City Council & Housing Development Corporation Special & Regular Joint Meeting Minutes of June 22, 2021 Page 8 of 8