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CC - Minutes - 11-08-2022MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2022 The regular meeting of the Rosemead City Council was called to order by Mayor Dang at 7:00 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Dang, Mayor Pro Tem Ly, Council Members Armenta, Clark, and Low ABSENT: None STAFF PRESENT: City Manager Kim, Assistant City Manager Bruckner, City Attorney Richman, Interim Director of Community Development Wong, Director of Finance Chua, Director of Parks and Recreation Boecking, Public Works Director Chung, and City Clerk Hernandez PLEDGE OF ALLEGIANCE — Council Member Low INVOCATION — Mayor Dang 1. PUBLIC COMMENT There being no comments, Mayor Dang opened and closed the Public Comment period. 2. PRESENTATIONS A. Recognition of Art Contest Winners for the City's Anti -Hate Campaign Director of Parks and Recreation Boecking stated the Art Contest is a program of the Anti -Hate Campaign for students ages 5-17 years old, who live in the City of Rosemead; noted artists had the option of choosing between two different themes: 1) "Colors Should Never Divide Us" or 2) `Be the Rainbow to Someone's Cloudy Day". The contest was divided into four different categories: Group A: 5-7 years old; Group B: 8-10 years old; Group C: 1 t-13 years old; and Group D: 14-17 years old, but no submissions were received for that category. Mr. Boecking called up the following winners: Group A - Isabella Trujillo, from Encinita Elementary School, for her piece titled "No Hate But Love'; Group B — Avery Tran, from Jansen Elementary School, for her piece titled "Together We Are Happier"; and Group C — Jason Setiawan, from Emma Shuey Elementary School, for his piece titled "Let Us Love One Another". Artwork will be displayed at City Hall and rotated at the Rosemead and Garvey Community Centers, then returned to the artists. The City Council congratulated the winners and thanked them for their artwork that encourages spreading love and not hate. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 1 of20 B. Proclamation Declaring November 26, 2022, as "Small Business Saturday" in the City of Rosemead Ray Jan, CEO, Chamber of Commerce, accepted the Proclamation on behalf of the Rosemead business community; thanked the city for their leadership and being an advocate in supporting local businesses; stated we cherish the partnership with the city and truly believe that local, small, and family businesses are the core of all businesses; encouraged the community to shop and dine in Rosemead, not only this holiday season, but every season. Mayor Dang stated the importance of supporting small businesses as they are an important part of our community. Council Member Clark stated she appreciates all that the Chamber of Commerce does for the city. Council Member Armenta reiterated it is a partnership with the city and Chamber; stated shopping local means those revenue streams will come back to the city; emphasized our mom-and-pop businesses need us now more than ever after the pandemic. Council Member Low thanked the Chamber for supporting the business community. Mayor Pro Tem Ly stated small businesses are the ones that create jobs that sustain our community. 3. WORKSHOP A. Review and Discuss the Proposed Scope of Services and Schedule for the Solid Waste and Recycling Collection Services Request for Proposal At the September 13, 2022, City Council Meeting, the City Council awarded a contract for Solid Waste Consulting Services to R3 Consulting Group, Inc (R3) to assist with the procurement of a new solid waste franchise agreement. City staff and R3 have conducted a comprehensive review of existing service levels and potential service enhancements to develop the scope of services for the Solid Waste and Recycling Collection Services Request for Proposal (RFP). The scope includes existing services and proposes new services to be included within the next franchise agreement. In addition, the RFP includes proposed changes to future waste hauler fees and payments to the City. The RFP advertisement is tentatively scheduled on November 14, 2022, with proposals due by January 13, 2023. The proposal evaluations, negotiations, and City Council consideration are an expected three -to -four-month process. The accelerated procurement schedule would allow for an approximately three-month transition period should a new hauler be selected by the City Council. The purpose of this report is to provide the City Council with Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 2 of20 a summary of the proposed scope of services for inclusion in the City's next solid waste franchise agreement and procurement schedule. Recommendation: That the City Council review the proposed scope of services for the Solid Waste Procurement RFP, consider the procurement timeline, and provide direction to staff. Director of Public Works Chung reported the City was looking into going out for a Request for Proposal (RFP) for a waste hauler service provider. Introduced the consultant, Carrie Baxter, R3 Consulting Group, that is assisting the City in the waste hauler procurement and RFP process. He also clarified that there was a correction to Attachment A, line item 7K, the updated version does not include street sweeping services. The City uses street sweeping services on a separate contract. Carrie Baxter, Senior Managing Consultant, with R3 Consulting Group, stated they have begun the process for the proposed scope of services for inclusion in the city's next solid waste franchise agreement, and a procurement schedule. The City of Rosemead's franchise agreement for solid waste and recycling collection services with Consolidated Disposal Services, also known as Republic Services, is set to expire on July 31, 2023. The franchise agreement provides for the collection of waste and recycling services to residential and commercial properties. On January 11, 2022, the City Council approved the Second Amendment of Republic Services franchise agreement to include organic collection and recycling to meet SB 1383 compliance requirements. Part of the recommendation is to work with Republic Services up to a one-year extension on their current contract to allow for the time of the procurement process and transition period, whether it be Republic Services or another hauler or from the current contract to a new contract with Republic Services. Mayor Dang opened the Public Comment period. City Clerk Hernandez read a Public Comment from resident Brian Lewin, stating the following points: 1. Mr. Lewin opposes the proposed consolidation of both the waste hauler services and street sweeping services to be performed by one company. Any trash hauler that is not able to provide both services will be automatically eliminated for consideration. 2. Regarding SB 1383 — Item 7 -line -item c) Route reviews and container inspections including notification to customers and assessment of contamination fees. He is concerned with what constitutes contamination. It's not clearly defined and how it will be enforced. 3. Outreach — expressed that property owners, who are typically the customers, received notice of the SB 1383 regulation, but renters did not necessarily received notice. Ask that the new hauler provide additional outreach to reach residents that are renters. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 3 of20 4. Lastly, asked that the new hauler and city accept all triangle 1-7 plastic for recycling. Currently triangle 6 such as Styrofoam products is not being recycled in the city. Director of Public Works Chung stated he addressed Mr. Lewin's comment, clarifying his concern was addressed in the new attachment provided to Council. Item 2 is included in SB 1383 via the Ordinance adopted in February. Noted staff can explore Mr. Lewin's suggestion Item 3 in the new proposal. In addition, we will investigate additional recycling of materials. Council Member Clark stated that the first-rate adjustment will take effect on July 1, 2024; asked what it meant by rate adjustment. Ms. Baxter explained the franchise agreement, as written, has an annual rate adjustment that would take effect. The proposers may propose a rate for the start of the contract, that would take effect August 1, 2023. If there's no change to the current agreement, then every new rate adjustment would take place July 1st of every calendar year. Council Member Clark asked if they are allowed to do that every year Ms. Baxter replied just like any other utility company, they are allowed to increase rates based on the Consumer Price Index. Council Member Clark stated she did not think Republic Services was doing that. Mr. Chung explained that the current contract with Republic Services did provide for an annual rate increase based on the Consumer Price Index. Council Member Clark stated she has seen at other cities where the waste hauler company bids low and then comes back and raises the rates quite a bit; emphasized she was not in support of that. She asked about the residential services, currently there are three bins, asked about the 32 gallon extra smaller cans being mentioned. Director of Public Works Chung clarified that the slide graphic is for commercial businesses, not residential. Ms. Baxter explained that commercial businesses will receive the base service that would be provided to every customer that signs up for garbage collection, they would automatically get a 96 -gallon recycling container and a 32 -gallon organic container, making every customer compliant with SB 1383. They have the option to increase that service for an additional cost if they need more space for organics. Council Member Low inquired about the reimbursements and Franchise Fees located on page 5 of the slide. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 4 of20 Ms. Baxter responded that the reimbursements and the Franchise Fees will be sent to the City from the waste hauler. Council Member Armenta stated she was concerned with the length of the proposed contract term of 10 years with two extensions of five years, potentially going on for 20 years. She also noted that she noticed the presentation states there are residential services, commercial and mixed-use dwellings, but did not see multi- family services. Ms. Baxter explained that residential services are the same as multi -family services and will be provided the same services. There are some minor adjustments where they will have an option to have a trash size option, like an automatic 96 -gallon and a 32 -gallon organic bin with an adjustment based on the conversation with the contractor and multi -family unit. Council Member Armenia stated that her concern was with the bulky item pick-up and was under the impression that multi -families received 16 bulky item pickups for apartments. Ms. Baxter replied there were no changes to the amount of bulky items picked up in the contract. There were only minor language changes to provide more flexibility for the customers. Added that in a unit of four units, that multifamily property could have four items picked up four times a year, making it 16 items total because it is per unit. Council Member Armenta asked for clarification if parameters were set for the RFP. She stated that during the last contract negotiations, the waste hauler had the option then to provide separate options to their bids, making it multiple submitted bids by the contractor. Asked that it be a level playing field for all prospective bidders and not allow separate bids. Mayor Pro Tem Ly inquired about the terms of the agreement and what is the benefit for the city to propose two five-year agreements. Ms. Baxter stated the base term is ten years, which would cover the amortization if all new vehicles and all new carts come on day one. The providers may propose to spread that time across a longer period rather than having everything brand new on day one, they may use some equipment they already have on hand. That new vehicle may come at year three, four, or five. To have a five-year additional extension would be at the city's discretion to determine whether or not they want to extend and you also have those performance reviews to guide you in making that decision. Council Member Clark inquired who added the bundling option. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 5 of 20 Mayor Pro Tem Ly asked about how the bundling of the waste hauler and street sweeping services was going to be merged and why staff decided not to do the bundling. Director of Public Works Chung replied the idea was initially talked about but later decided not to do that and inadvertently provided the wrong attachment in the final agenda packet. Mayor Pro Tem Ly stated he wanted to know why staff included street sweeping in the list of services and then removed it. City Manager Kim replied that during the initial scope of the meeting, there were ideas and thoughts of what could be in the project or RFP and the discussion items. During the finalized report, item K was removed to stay consistent with the current contract services. The attachment provided in the agenda packet was only the draft version and not the finalized version. Ms. Baxter replied that R3 Consulting Group initially recommended bundling the services. Since the contract expires for street sweeping in July 2023, which was in line with the waste hauler contract expiring, it is typical to have both garbage and trash included. Whether it be provided by the contractor that's collecting the waste or as a subcontractor to the waste hauler, that just makes it easier to align in cleaning the streets after the service has been collected. There's a lot more collaboration between the street sweeper and the hauler. She noted that not every provider provides the same services and could make it difficult to provide a good bid from all contractors if you have both services in one contract. City Manager Kim noted that the services are separate, and the contracts do expire a month a part. Mayor Pro Tem Ly asked if waste haulers can provide an a -waste program, how come it is not being included in the RFP process. Ms. Baxter replied the a -waste services was not included in the list of services. Stated that the State of California and Los Angeles County does provide e -waste programs and collections. Indicated that if the Council would like to see an a -waste component in the contract, it could be looked at. Mayor Pro Tem Ly asked if the City could look into how we can incorporate e -waste collections as part of the RFP. Director of Public Works Chung concurred that staff can look into an e -waste collection program. Mayor Pro Tem Ly asked about the Good Corporate Citizenship list being requested from bidders to submit rather than allowing them to submit their own list of Good Corporate Citizenship list. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 6 of 20 Ms. Baxter replied that since the residents are accustomed to the Good Corporate Citizenship services provided by the current waste hauler, it made sense to continue those services provided by asking each provider to include that list of services as part of their RFP; they could provide additional services or options on a separate list that's not part of the original list. Mayor Pro Tem Ly asked if staff did any analysis of the effectiveness of the programs to ensure if what is being asked is still working for the community. Ms. Baxter replied that community events were identified and what services are needed for each of the community events to be provided. Mayor Pro Tem Ly asked if staff has analyzed the program such as if people are using the recycling rewards program, the shredding events, and if so, how many. Mr. Chung replied that the data Mayor Pro Tem Ly is requesting could be evaluated. Mayor Dang asked what Prop 218 notice was for. Ms. Baxter explained that Prop 218 was passed in 2016, and it requires cities to notify residents when the services are being provided either by the city or if rates or billing is being done by the city. One of the discussions that we've had with city staff is changing from having the contractor collect for delinquent services, and instead having that put on a tax roll, so that would then mean that the city is collecting the payments. The other prompt is routine notice, would mean that the city would issue at least once every five years a notice to all property owners letting them know of the changes that are going to take effect in the rates by having that 4% rate adjustment cap, at a max over that five-year term. The notice would go out at least 45 days before a hearing is held and as long as there isn't a majority protest, which is 50% plus one of your property owners, the rates would then be able to be approved. If for some reason 50% plus one of your property owners did protest the rate adjustment, we would then have to go back and consider changes to the agreement that would allow those rates to not be increased so much. Mayor Dang asked who pays for the services of Prop 218 notices. Ms. Baxter replied that the fee is covered as part of the new annual payment fees, because there is going to be administrative services, printing and mailing of those notices, advertising and outreach contributions. So that is why we're recommending adding those additional fees in there as well for the new contract. Council Member Clark asked if the protest would have to be 50% plus one of the people that show up at the meeting, or that return back a ballot. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 7 of 20 Ms. Baxter stated that it would have to be 50% plus one of property owners in the jurisdiction. City Attorney Richman explained that Prop 218 is the process of dealing with levies that are related to property ownership. It's called a protest procedure, and you have to receive protest meaning no, from 50% plus one of those who are subject to that fee. This is more common from your service providers if they're increasing their water rates. Mayor Dang asked about the a -waste program, agreed with Mayor Pro Tem Ly that there should be a line item for an e -waste program. Council Member ATmenta asked if there is cost to the city when the waste hauler provides the e -waste service. Director of Public Works Chung replied no, there is no cost to the City. Mayor Dang referred to slide no. 9, asked for clarification that an apartment building falls under residential services and does not fall under commercial. Ms. Baxter replied yes with the exception of how the bundled base services is set up, so a multifamily unit could have the setup, where they can pick their trash container and they would have the base bundle with that trash collection rate, including a 96 -gallon recycling and a 32 -gallon organic waste cart. Mayor Dang asked if we are providing services with the 32 -gallon green bucket or a 96 -gallon. Ms. Baxter replied it is not a bundled service currently for commercial and multifamily. They can select their container size. Republic Services allows the customer to select garbage, recycling, and organics or just garbage or just recycling or just organics service. They're not required to have all three containers. This just makes it more administratively burdensome on your city staff to make sure that all three containers are being provided to every customer to comply with SB 1383. Mayor Dang referred to slide no. 12 and asked for clarification about the Billing & Performance Review. Ms. Baxter explained that the city has the option to perform billing and performance reviews up to two times, where the contractor would pay 50% of that cost. Mayor Dang asked why the R3 Consulting Group is recommending extending the contract with the current contract for one year. Ms. Baxter replied that the contract extension would allow for a smooth transition from the current contract to a new contract. During the transition, proper set up of customer service will happen, sending out educational materials, outreach to Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 8 of 20 educate everybody on any changes that would take place with the bundled services, and procuring new containers and new trucks that we typically would start a procurement. There is only a three-month transition if we do not extend Republic Services' contract. Council Member Armenta asked what the possible extension of the current contract is. Director of Public Works Chung replied that there are no options Council Member Armenta stated the Council was adamant about going out to bid every ten years, and now we have the option on the presentation to have two five-year options. We need to stay consistent and not go back and forth. Mayor Pro Tem Ly stated that the Council was not bound to go out to bid every ten years. We need to live up to that agreement. When things change, environments change, the timing changes, that can influence whether that Council decides to extend a contract, etc. He opined that the tenure contracts should close it again after ten years, but that the will of the Council and I can totally understand if Council is seeing things with concern of inflation in the economy, it's okay to see other options. Council Member Armenta clarified that it was a personal statement made about the ten-year contract preference, nothing was binding. City Attorney Richman reiterated that the purpose of the workshop was to get direction from the City Council on what they want in the contract. If the Council wishes for a ten-year contract, it could be included in the contract. She noted that in other cities, waste hauler contracts are being adopted for longer periods because of the highly regulated industry that it has become. Council Member Clark inquired about the compost for city facilities as requested up to 500 tons at no cost for materials and delivery; with the addition of fulfilling approximately 20% of the city's annual recovered organic waste product procurement target. Asked why the procurement target is at 20%. Ms. Baxter replied that cities throughout the state do not have the need for more than what is being recommended. Council Member Clark asked why bus shelter maintenance, trash collection, power washing and paint refreshing, and beautification efforts are being proposed in the new agreement. Expressed that she would like to keep the cost down for residents that are facing so much inflation. Wants to ensure the added cost to maintain the bus shelter is not being passed on to the residents when it is taken care of internally. Director of Public Works Chung responded that the city does not currently have bus shelter maintenance and since Republic Services currently maintains the Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 9 of 20 trash bins at the bus shelters, we wanted to add paint refreshing as part of the proposed agreement. However, if Council does not want to include this task, we can remove it. Council Member Clark reiterated I would like to see that removed. Inquired if the "Contractor should provide a drop-off location for bulky item drop-offs at no additional cost" is a substitute of curbside pick-ups of bulky items? Director of Public Works Chung replied no, it is in addition to the existing curbside pick-up services. City Manager Kim stated that staff works hard to keep our community clean so that trash is not left in front of homes. This would be an added service that will provide residents the option to drop it off at a designated location, if they wish, rather than leaving it in front of their house. Council Member Clark asked if there has been a survey as to whether other cities do this? Inquired why would we want to add this? Ms. Baxter responded it is an added benefit being used in other jurisdictions within the Los Angeles County; stated it depends on the city's preference, so it is at your discretion, if you find it beneficial, we can include it or we can remove it. Council Member Clark inquired if other cities do this instead of the bulky item curbside pick-up? Ms. Baxter stated they would reduce the bulky item curbside collection, or the alternative is to have a few events throughout the year where residents can drop-off to. Director of Public Works Chung explained this added service will help us address another issue of illegal dumping in the rights-of-way or medians. Council Member Clark opined if the people are illegally dumping, they do not care and are not going to go out of their way to take it to another designated location; added we would be paying an additional cost for this service. Mayor Dang emphasized there is always going to be costs associated; suggested at the end of this discussion we can ask staff to come back with costs so that we can make any adjustments needed; indicated we should not ask staff about costs tonight as that information is not currently available. Council Member Clark expressed confusion of "the annual collection drive for textiles"; stated if you're talking about clothing, I would rather see that go to Good Will or a thrift store to reduce, reuse and recycle. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 10 of 20 Mr. Chung responded this is a recommendation from R3 Consulting; asked the consultant to provide a definition of textiles. Ms. Baxter answered textiles includes clothing materials; explained the reason for including that was SB 1383 organics definition includes clothing and carpet; noting that collection drive enables us to find more ways to keep those items out of the trash container while providing more opportunities to reuse them. Council Member Clark asked if the waste haulers donate these items to thrift stores? Ms. Baxter replied the way the contract is drafted, it would require that all materials brought into those drives would be 100% diverted, whether it be donated to a thrift store or finding another use for them. Council Member Clark referenced page 4, the edible food recovery — this item is proposed to be removed and managed by city staff to improve program management and implementation. Contractor will support the city program. We are going to set up our own staff to inspect. Director of Public Works Chung responded that the San Gabriel Valley Council of Government (SGVCOG) has their own recovery program that 25 of the 31 agency cities are a part of; the proposed plan is to join that program, noting there is an annual cost of $40,000450,000 associated with that, which will be incurred by the waste hauler. Mayor Dang ascertained that it would come out net -zero; opined that is an important point that should be included as a foot note. Council Member Clark expressed that seems reasonable because we would have to do it otherwise. Asked if the alternative fuel vehicles approved by South Coast Air Quality Management District are required by law and if they are being implemented now? Director of Public Works Chung affirmed it is required and being incorporated in our current contract. Council Member Armenta agreed with Council Member Clark about the bus shelter, however, did not agree that it should be on the backs of the city when it comes to the bins, especially multi -family bins. Asserted we now require Republic Services to have paint on hand when they see graffiti; Stated she wants to see a timeframe as to when graffiti gets reported to the trash hauler and when it is cleaned up; expressed she would like to continue seeing the trash hauler being responsible for the bins. Ms. Armenta stated she did not see it included in the proposed agreement that the city itself has unlimited bulky -item pick-ups; indicated she would like to see the number of items per pick-up increased for multi -family units who currently have four items per pick-up per dwelling not per property. Rosemead City Council Regular Meeting Minutes of November 8, 2011 Page 11 of 20 Council Member Armenta emphasized she wants to ensure transparency and equal playing field during this process, and stated may the best trash hauler win. Council Member Low expressed support for having the trash hauler continue the same practice of picking up trash at the bus shelters, but not cleaning them; also, indicated support for the pick-up of textiles as long as clothing is diverted to recycling places. Mayor Dang had the following changes: 1) Page 1 of the Matrix, 7.I — Scholarship Program — "Annual Scholarship to Rosemead High School college bound seniors" — since there is more than one high school that services the city, suggested adding the other high schools or using the verbiage "residents of Rosemead" to keep it more general. 2) Page 2, line -item Customer Rate and Billing Procedure — Existing one cost increase by percentage, noting R3 is proposing a new formula — what is the delta, is it up or down? Ms. Baxter responded it will be different, most likely lower as the current rate is set with a maximum increase of 5% per year; asserted that the tipping and disposable fees are adjusted by the operators of those facilities, especially with the changes of adding food waste and organics processing. By proposing to just use the CPI to adjust the full rate, it is steadier and can range between I% to 4%. Mayor Dang responded anything lower is good news. Referenced page 3, asked staff to clean up the grammar for the following "Bulky Item Service — 25 bulky item pick-up per year with up to 5 items per year". Referenced 1.0 - Multi -family Commercial Service, the modification proposed agreement will include a bundle trash recycling and organic collection as a base service, whereas recycling and organic containers are optional; indicated support to keep those containers optional for commercial buildings that do not need it. Ms. Baxter asked if the desire is to keep it optional for multi -family units as well. Mayor Dang suggested breaking it into two separate categories — one for multi- family units and the other for commercial. Ms. Baxter pointed out that the current city ordinance does allow for approved exemptions from recycling or organic services. The way the draft franchise agreement is written so that a customer can still request that exemption. Mayor Dang stated I think it makes sense to make it optional. Council Member Clark asked if those customers requesting an exemption would have to prove that they don't have any food because SB 1383 is a law. Ms. Baxter replied there is a de minimis option which means if the customer does not have more than 20 gallons of organic waste in their waste stream; provided the Rosemead City Council Regular Meeting Minutes ofNovember 8, 2022 Page 12 of 20 example, if a customer has two cubic yards of service total or more and is only ten gallons of organic waste for less than two cubic yards, then they can receive an exemption from the city; indicated most will not qualify for recycling exemptions, but the organics portion of that may be de minimis. Council Member Low expressed concern about the smell and presence of bugs as a result of leaving organics in their bin for an extended time, if it is not picked -up on time for whatever reason; asked if there is anything we can do to address this in the contract. Ms. Baxter stated that is a big concern of every jurisdiction in the state; we want the proposers to have a robust outreach and education program so that residents understand they can keep their waste in their refrigerator until it is the day before their trash day or other ways to mitigate the smell especially on hot days. Mayor Pro Tem Ly noted he would like us to be more flexible when it comes to the "Good Corporate Citizen Program" — he wants to see what type of programs the waste haulers propose. Indicated support to include the bulky item drop-off location as an additional option. Regarding the bus shelter, he would like to narrow that down, specifically for the language to include that the waste hauler continues maintenance of those trash receptacles and keeping that area clean; emphasized we need to do a better job of maintaining those areas. Mr. Ly opined he does not support the "Waste to Energy" program as it adds to a lot of air pollution, and it is simply toxic and not clean. He concurred with Council Member Armenta that the contract needs to include that the graffiti should be removed, especially from residential bins, within a reasonable time. Mayor Pro Tem Ly stated it would be interesting to see what the numbers would look like if we merged street sweeping with trash. Suggested if there is a waste hauler that does not have street sweeping services, then let's still allow them to submit a bid for trash services. Council Member Clark stated she agrees with staff about removing the combined trash and street sweeping services; indicated the city is currently paying for the street sweeping services while residents are paying for trash services; expressed concern that if we combined the services then residents would incur both costs. Additionally pointed out that this could hurt those street sweeping companies that only provide street sweeping services. Council Member Armenta concurred with Council Member Clark, emphasized she is not in favor of combining the services because she does not want to give an advantage to any particular company. Council Member Low stated her initial thought is to keep the services separate; indicated her focus is how much money can our residents save. Ms. Baxter indicated if the services are combined, we can make it to where the residents only pay for the trash services and the city can use the franchise fee to pay for the street sweeping services. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 13 of20 Mayor Pro Tem Ly opined it would be unwise of us to not look at what those numbers would look like; stated we are doing a disservice to our residents by eliminating options to look at. He indicated for companies that only provide trash services, they could always subcontract for street sweeping services. Ms. Baxter provided an overview of the RFP schedule: November - December 2022 — Releasee the RFP; January - February 2023 — Proposals due, Proposals evaluation; Interview qualified proposers; March - April 2023 — Present evaluation results and finalize agreement; May 2023 — Present final agreement for City Council Award; August 2023 — Start new integrated waste management services or a one-year extension; August 2023 - July 2024 — Additional time necessary to procure equipment and transition to new services; August 1, 2024 — Start new integrated waste management services. Mayor Dang summarized the direction for staff is that R3 will make the requested changes, release the RFP and follow the projected schedule. City Attorney Richman reiterated since Council does not want to proceed with a one-year extension with Republic Services, that we will follow the projected schedule and reassess the timeline if necessary. Mayor Dang recessed the meeting for a brief break at 10:24 p.m. Mayor Dang reconvened the meeting at 10:34 p.m. 4. PUBLIC HEARING A. Public Hearing to Adopt a Resolution Authorizing Application for Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development The California Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability ("NOFA") for Permanent Local Housing Allocation ("PLHA") funding. According to HCD, the City of Rosemead is eligible for $1,463,835 in 2019, 2020, and 2021 allocation funds. The PLHA program provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. To receive the funding, the City must submit an application to the HCD by November 30, 2022. The application includes a five-year plan of how the funds will be allocated. The 2019, 2020, and 2021 PLHA funds represent the first three years of the five-year plan. The last two years (2022 and 2023) are not included in the NOFA period. HCD has estimated that the total allocation over the five-year period (2019 to 2023) to be $2,059,428. Recommendation: That the City Council take the following actions: Rosemead City Council Regular Meeting Minutes ojNovember 8, 2021 Page 14 of20 Conduct a Public Hearing to receive community feedback on the Permanent Local Housing Allocation ("PLHA") 5 -year funding allocation plan; Authorize the City Manager to modify the draft application as needed prior to submittal; and 3. Adopt Resolution No. 2022-61, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM Management Analyst Cabeza presented the staff report; stated the City plans to utilize PLHA funding for the pre -development and development of affordable housing and ownership housing that meets the needs of our community's growing workforce earning up to 150% of the average median income. Indicated in order to receive the funding, the City must submit an application to the HCD by November 30, 2022. There being no speakers, Mayor Dang opened and closed Public Comment Council Member Armenta thanked Ms. Cabeza for the presentation; expressed that hopefully these funds will enable us to competitively bid in acquiring land. Council Member Low stated this sounds like a good opportunity to provide affordable housing for veterans as Mayor Pro Tem Ly has mentioned in the past. City Manager Kim indicated the ability to use these funds for affordable housing is more advantageous for us as the average median income is higher at 150%. Council Member Armenta opined if we were part of the San Gabriel Valley Regional Housing Trust, we could use this money for more projects like this. Mayor Dang stated it is my understanding we must have a specific site to acquire and cannot use these funds for CEQA study. City Manager Kim affirmed that it is project and site specific; explained if the funds are used for acquisition then we have to acquire a piece of property or if we use it to purchase units to provide affordable housing, then it must be property specific and the generation of affordable units. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to take the following actions: Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 15 of 20 1. Authorize the City Manager to modify the draft application as needed prior to submittal; and 2. Adopt Resolution No. 2022-61, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None ABSENT: None 5. CONSENT CALENDAR ACTION: Moved by Council Member Low and seconded by Council Member Armenta to approve Consent Calendar Item A. Council Member Armenta pulled Items B and C for separate discussion. The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None ABSENT: None A. Claims and Demands • Resolution No. 2022-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,578,861.59 CHECKS NUMBERED 112650 THROUGH NUMBER 112763, DRAFTS NUMBERED 6031 THROUGH NUMBER 6067 AND EFT NUMBERED 51319 THROUGH NUMBER 51352 INCLUSIVELY Recommendation: Adopt Resolution No. 2022-60. ITEMS PULLED FOR SEPARATE DISCUSSION B. Approval of Funding Agreement with Metro for the 1st -Riggin -Potrero Grande Corridor Project In 2020, the City of Monterey Park submitted a joint grant application on behalf of the City of Montebello, City of Rosemead, and Los Angeles County for the Metro Active Transport (MAT) Cycle 1 Program. The proposed 1st-Riggin-Portrero Grande Corridor Project consists of roadway improvements along the Riggin - Potrero Grande Corridor with an estimated cost of $6,400,000. The improvements within the City of Rosemead include the installation of Class II bike lanes, asphalt pavement micro -surfacing, and crosswalk accessibility improvements. In January 2021, the Los Angeles County Metropolitan Transportation Authority (Metro) Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 16 of 20 selected the Project for funding and programmed $6,366,225 in Measure M funds for early planning, Environmental/planning, PS&E, Right of Way, and Construction of the Project. The grant does not require the City of Rosemead to commit a local match. The City of Monterey Park is the lead agency and as such, the awarded funding will solely be distributed to Monterey Park as they have been authorized to deliver the Project. The Funding Agreement with Metro must be executed to proceed with the Project. Recommendation: That the City Council authorize the City Manager to execute the Funding Agreement with LA Metro for the 1 st-Riggin-Portrero Grande Corridor Project. Council Member Armenta stated she understands that this is at no cost to the city; however, expressed concern with only one city being the gatekeeper of the funds, how do we know that Rosemead is going to get their fair share? Director of Public Works Chung responded that we are going to be involved in the design and construction process to ensure that the projects are implemented per our city standards and that they are in the best interest of the city. Council Member Clark inquired since there is no drawing of the proposed bike lanes to be installed, will parking be taken away as a result? Director of Public Works Chung replied no, parking will not be taken away. Explained it is Class II bike lanes being installed, which consists of the existing curb with the parking lane and a dedicated bike lane next to the cars. ACTION: Moved by Council Member Annenta and seconded by Council Member Low to authorize the City Manager to execute the Funding Agreement with LA Metro for the 1 st-Riggin-Portrero Grande Corridor Project. The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None ABSENT: None C. Consideration of an Ordinance Adopting by Reference the California Building Standards Code 2022 and other Codes as Amended and Adopted by Los Angeles County Every three (3) years the City of Rosemead adopts the California Building Laws as amended by Los Angeles County. On July 1, 2022, the California Building Standards Commission (BSC) published revised Building Standards Codes (Title 24, Parts 1-12). State law mandates that these standards are enforced in all jurisdictions effective January 1, 2023, regardless of whether they are specifically adopted by local jurisdictions. The City of Rosemead Building Division has initiated the implementation of the 2022 California Building Codes as required by State Law. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 17 q(20 The Los Angeles County Building & Safety Division has introduced many local amendments to the California Codes which they deemed to be necessary considering the regional conditions, and these revisions have been reviewed by the State of California for compliance. On October 18, 2022, the Los Angeles County Board of Supervisors introduced an ordinance and set a Public Hearing for 2nd reading on November 15, 2022, to adopt the 2022 California Building Codes with Los Angeles County amendments (Title 26-30). The City of Rosemead is not obligated to enforce the Los Angeles County codes. However, in order to remain consistent with the unincorporated areas of Los Angeles County and other local jurisdictions, the City of Rosemead has historically adopted the California Building Codes as amended by Los Angeles County, which are now proposed for consideration of adoption by the City of Rosemead. Recommendation: That the City Council take the following actions: 1. Move to introduce for first reading, by title only, Ordinance No. 1011. 2. Schedule a Public Hearing on December 13, 2022, to consider adoption and second reading of Ordinance No. 1011. Council Member Armenta noted that the Los Angeles County Board of Supervisors will have a second reading for the adoption of their Building Code on November 15, 2022; emphasized it is important our timeline aligns with LA County. ACTION: Moved by Council Member Armenta and seconded by Council Member Low to take the following actions: 1. Move to introduce for first reading, by title only, Ordinance No. 1011, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2022 CALIFORNIA BUILDING STANDARDS AND THOSE CODES AS AMENDED AND ADOPTED BY LOS ANGELES COUNTY AS NOTED INCLUDING; THE CALIFORNIA BUILDING CODE (TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), THE CALIFORNIA EXISTING BUILDINGS CODE (TITLE 33 LOS ANGELES COUNTY EXISTING BUILDING CODE), THE CALIFORNIA ENERGY CODE, THE CALIFORNIA HISTORICAL BUILDINGS CODE, Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 18 of 20 WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO 2. Schedule a Public Hearing on December 13, 2022, to consider adoption and second reading of Ordinance No. 1011. The motion was carried out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None ABSENT: None 6. MATTERS FROM CITY MANAGER & STAFF A. Report and Discussion Regarding the Parks and Recreation Department Fiscal Year 2023 Work Plan The Parks and Recreation Department is responsible for the City's day-to-day recreational needs of our residents, including direct oversight of the following areas: aquatics, senior programs, youth programs, classes, youth and adult sports, facility and park rentals, and special events. Parks and Recreation is committed to serving our residents by providing quality programs, services, and events. This update is intended to serve as a summary of those efforts for the current fiscal year. Recommendation: That the City Council receive and file this report. Council Member Armenta asked to table this item for the next Council meeting. There being no objection, Mayor Dang tabled this item for the next Council meeting. 7. MATTERS FROM MAYOR & CITY COUNCIL A. Request for Commemorative Naming of the Rosemead Public Safety Center in Honor of Undersheriff Tim K. Murakami At the October 25, 2022, City Council Meeting, Mayor Pro Tem Ly proposed to the City Council that the Rosemead Public Safety Center be renamed as the Tim K. Murakami Public Safety Center. After discussion, the City Council requested that this item be continued to the November 8, 2022, City Council Meeting for a report on Mr. Murakami's legacy and impact on the Rosemead community. - Recommendation: That the City Council provide direction on renaming the Rosemead Public Safety Center in honor of Los Angeles County Undersheriff Tim K. Murakami. Council Member Clark asked to table this item for the next Council meeting. There being no objection, Mayor Dang tabled this item for the next Council meeting. Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 19 of20 B. Council Comments Council Member Armenta thanked the Parks and Recreation staff for a wonderful Trunk or Treat event and recognized the Public Works Department for their efforts behind the scenes to make the event possible. Council Member Clark echoed Council Member Armenta's appreciation to staff. Council Member Low expressed she is upset that our judiciary system is failing us; noted two restaurants on Valley Boulevard were broken into and criminals are being allowed to get away with anything; asked the Sheriffs to help us with more patrolling. Mayor Pro Tem Ly stated making sure we are transparent is an important foundation to a democracy; indicated he would be happy to have a conversation with anyone about what we are doing with funds to improve the City of Rosemead. Emphasized we as local elected officials need to hold ourselves to that standard with all of our documents such as campaign forms and ensuring training is up to date. Stated it being Election Day, he hoped everyone had a chance to vote today. Mr. Ly expressed with the Veterans Day holiday coming up, this year means more having come back from a deployment and returning with all 148 soldiers are officially veterans now after being released from active duty; wished everyone a Happy Thanksgiving! Mayor Dang thanked Mayor Pro Tem Ly and all military personnel for their service, as well as all the military families for their sacrifices. Gave kudos to Director of Parks and Recreation Boecking for an outstanding Trunk or Treat event and acknowledged the Sheriffs Team for passing out candy at the event. Wished everyone a Happy Thanksgiving! Mr. Dang noted the Council's regular meeting of November 22"d is canceled and the next meeting will be held December 13th. 8. ADJOURNMENT Mayor Dang adjourned the meeting at 10:55 p.m. The next regular scheduled meeting will be held December 13, 2022, in the Rosemead City Hall Council Chamber; , Ericka Hernandez, City CiBrk APPROVED: Se g, Mayor Rosemead City Council Regular Meeting Minutes of November 8, 2022 Page 20 of 20