CC - Minutes - 09-07-21 SpecialMINUTES OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION AND
HOUSING DEVELOPMENT CORPORATION
SPECIAL JOINT MEETING
SEPTEMBER 7, 2021
The special meeting of the Rosemead City Council was called to order by Mayor Low
at 7:12 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, Clark and Ly
FIN3.fslZIatl rom
PLEDGE OF ALLEGIANCE was led by Council Member Armenta
INVOCATION was led by Council Member Ly
STAFF PRESENT: City Manager Molleda, Assistant City Manager Kim, City Attorney
Richman, Chief of Police Lt. Duong, Director of Parks and Recreation Boecking, and
City Clerk Hernandez
1. PUBLIC COMMENT
There being no speakers, Mayor Low opened and closed the Public Comment
period.
2. PRESENTATIONS
A. Proclamation Declaring September 2021 as "National Preparedness Month"
in the City of Rosemead
Public Safety Supervisor Wong accepted the "National Preparedness Month"
Proclamation; stated with this Proclamation, we recognize the bravery of our First
Responders and encourage the community to prepare for national emergencies;
thanked the City Council for their continued support.
The City Council commended Public Safety Supervisor Wong for her efforts to
keep the community safe, especially during the pandemic the past two years.
3. PUBLIC HEARING
A. Public Hearing on Municipal Code Amendment 19-02, General Plan Amendment
19-03, and Zone Change 19-03 Freeway Corridor Mixed -Use Overlay
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page I of 27
The Freeway Corridor Mixed -Use (FCMU) Overlay encompasses six geographic
areas within the City of Rosemead. The areas total approximately 60 acres
(186 parcels) and were selected based on proximity to the Interstate 10 (I-10)
Freeway, location along primary City corridors, and adjacency to public transit
lines. FCMU Overlay areas are located along Del Mar Avenue, San Gabriel
Boulevard, Walnut Grove Avenue, Valley Boulevard, Temple City Boulevard,
and Rosemead Boulevard. The FCMU Overlay identifies special provisions for
land use, development standards, urban design, community benefits, and by -right
uses, in addition to those in the existing underlying base zone, to support
appropriate mixed-use and residential development. The FCMU Overlay also
identifies public and private realm improvements that will further enhance the
aesthetic and character of these areas. No base zones are proposed to be modified.
Recommendation: That the City Council take the following actions:
1. Conduct a Public Hearing and receive public testimony;
2. Introduce the first reading, by title only, Ordinance No. 1001, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA APPROVING ZONE CHANGE
19-03 AMENDING THE OFFICIAL ZONING MAP
AND APPROVING MUNICIPAL CODE AMENDMENT
19-02 AMENDING VARIOUS SECTIONS OF TITLE 17,
FOR THE FREEWAY CORRIDOR MIXED-USE
OVERLAY; and
3. Adopt Resolution No. 2021-29, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT 19-03 IN CONJUNCTION WITH
THE FREEWAY CORRIDOR MIXED-USE OVERLAY
Diane Bathgate, Consultant, RRM Design Group, introduced Matt Ottoson, Project
Manager and Senior Planning, RRM Design Group, to present the PowerPoint
"Freeway Corridor Mixed -Use Overlay".
Matt Ottoson, Project Manager and Senior Planner, RRM Design Group asserted
in 2019, the city applied and was awarded a Senate Bill 2 (SB 2) grant from the
State, which focuses on encouraging new housing production. Creation of an
Overlay Zoning District for opportunity sites along the I-10 Freeway is identified
as a priority in the City's 2018-2020 Strategic Plan. The intent is to provide new
opportunities for housing, economic revitalization, and attractive placemaking.
This will also position the City to address anticipated increases in Regional
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 2 o 27
Housing Needs Allocation. Noted a variety of opportunities for City and
community input were integrated throughout the project process. Captures six
separate geographic areas across the City. Mr. Ottoson stated each area located is
in close proximity to the Interstate 10 corridor, along City primary corridors, or
adjacent to public transit lines; each area comprised of multiple parcels of varying
sizes and configurations; two separate zones provided to respond to contextual
conditions, including lot sizes and configurations and minimum density potential.
Discussed the key requirements for mixed-use: 65% Residential, consisting of
Live/Work, Multi -Family Dwellings (standalone or as part of a mixed-use project),
veteran housing, and small lot subdivision; 35% Non -Residential on the
commercial side, eating and drinking establishments (no alcoholic beverage sales
or those with alcoholic beverage sales accompanied by an "On Sale" ABC License),
hotel (50+ guests rooms), and outdoor/sidewalk dining (with flexibility); and key
development standards.
Ms. Bathgate noted that the ABC licenses for alcohol use, we deleted national, and
tenant uses from a different draft.
Council Member Ly opined the goal of the Commercial Task Force Committee
was to give the City Council 30 years from now the flexibility to do something
with those three-way Corridors; indicated we recommended a 3.0 FAR, not 2.0
as Mayor Pro Tem Dang pointed out that a 3.0 FAR would give flexibility to the
developer. Stated that it makes sense for us to allow by right the application of
beer and wine for certain eating establishments, such as dumplings and beer.
Mayor Low opened the Public Hearing. There being no comments, Mayor Low
closed the Public Hearing.
Mayor Pro Tem Dang concurred there was a discussion with the Committee
regarding making a 3.0 FAR as a marketing tool to give the developer the
opportunity, however they might be restricted by financial or physical constraints
such as yard setbacks; indicated you will need a developer willing to finance that
large of a project. To make Rosemead a destination city, we need to remember
we are competing against neighboring cities such as San Gabriel and Monterey Park
because they have dense population; emphasized if you're a restauranteur, you want
your location to be where there is traffic. Opined the dining experience is enhanced
when you pair food with certain types of alcohol such as sushi or dumplings
and beer. Stated we know that this corridor area is a built -out neighborhood,
very similar to a redevelopment document. We need these documents to spur the
development. This document asks for 4,000 square foot tenant space; asserted that
if you really want a mom/pop to come in and try their business out, they are never
able to support a 4,000 square foot tenant space, which is why I think this particular
language does not serve the purpose we are trying to achieve today.
Council Member Clark inquired if all alcohol sales must go through the ABC?
Council Member Ly responded yes but it comes before the Planning Commission
or AUP process, unless it's by right, then it will go straight to ABC. We have to
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 3 of 27
adjudicate it in some fashion whether it is administratively through the Director of
Community Development, Planning Commission, or on a rare occasion by the City
Council. Expressed why create that extra impediment and make the applicant wait
the extra six weeks, etc., for that process instead of going straight to ABC.
Council Member Clark asked for clarification of the term "plane" when referring
to the properties behind the project. Reiterated her past concerns that if we are
building something that is several stories high and there are residents behind that
project's line of sight, then it is an invasion of privacy.
Mayor Pro Tem Dang referenced Attachment A "Draft Freeway Corridor Mixed
Use Overlay", Exhibit 2-5 on page 2-13, explained the primary purpose of a
wall plane is to improve the aesthetic appearance of the wall; stated when the
neighbor looks back into the new development, the city and consultants don't want
them to stare back at a blank wall. For example, if you're staring at a warehouse,
the neighbor would be staring at concrete.
Council Member Clark thanked Mayor Pro Tem Dang for the clarification.
Council Member Ly stated he would like to see a gastropub or a wine and cheese
bar establishment such as Vino's Back Alley in Alhambra.
Ms. Bathgate stated the FAR was bumped up to 3.0 in the Community Benefits
Program, which is an incentive.
Council Member Ly stated I don't believe that was the direction of the Committee.
Council Member Clark asked if you could put in layman's terms what they mean
by the FAR going from 2.0 to 3.0.
Council Member Ly explained a FAR 1.0 means you can build on 100% of the
land you have whether you build a two-story on 50% or three-story on 1/3 of
the land based off your map; we are being business friendly by allowing a 3.0 FAR
and, again they might have their own restrictions, but would not be limited by us.
Council Member Armenta noted for the record that the owners of Charlie's Trio
and 38 Degrees owns Vino's Back Alley; stated that would be great to see other
businesses build other establishments together within Rosemead as well.
Council Member Ly asked the City Attorney if we need exact language to amend
the draft ordinance.
City Attorney Richman responded we can read the changes into the document and
note the motion will include those changes; stated also, if the consultant is okay
with that, then we can proceed with this as the first reading and introduction of the
ordinance with the proposed changes.
Mayor Low asked if staff could identify the page that needs amendments.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 4 of27
Assistant City Manager Kim referenced Attachment E, proposed Ordinance No.
1001, noting the following changes (indicated in red) as requested by the Council:
Page 9 - Table under Section C. Permitted Uses 2.c.
Mr. Kim noted the correct RMC section pertaining to AUPs will also be updated
in the table above.
• Page 10 -Table under Section D. Development Standards 1.
FCMU-C
FCMU-B
NOTES
Minimum Lot Size
(excluding existing legal
nonconforming lots)
10,000 s.£
COMMERCIAL
For Small Lot Subdivision,
see development standards
on page 25.
Minimum Density
20 du/ac
Eating and Drinking
Establishments: With
C
AUP
�=
AUP
A sit-down restaurant larger than
4900-9€ 1,000 s.f is permitted
to serve alsehe beer and wine
,, :moo with an AUP,
provided that a valid license from the
"On Sale" ABC License
CA Dept. of Alcoholic Beverage
Control is obtained. See RMC
17.04.050 for definition of sit-down
restaurant.
Mr. Kim noted the correct RMC section pertaining to AUPs will also be updated
in the table above.
• Page 10 -Table under Section D. Development Standards 1.
• Page 25 - Table under Section E. Community Benefits Program
Assistant City Manager Kim noted the "FAR" column under Mixed -Use/
Residential Land Use would be deleted as it is no longer needed.
Maximum FAR or Density Permitted with the Provision of Community Benefits
FCMU-C
FCMU-B
NOTES
Minimum Lot Size
(excluding existing legal
nonconforming lots)
10,000 s.£
30,000 s.f
For Small Lot Subdivision,
see development standards
on page 25.
Minimum Density
20 du/ac
30 du/ac
0.60 3-00 74
Maximum Density
40-60 du/ac
Maximum Floor
Area Ratio
2-.03.0
60 300 95
• Page 25 - Table under Section E. Community Benefits Program
Assistant City Manager Kim noted the "FAR" column under Mixed -Use/
Residential Land Use would be deleted as it is no longer needed.
Maximum FAR or Density Permitted with the Provision of Community Benefits
AH FCMUZones
Commercial Mixed -Use/
Land Use Residential Land Use
FAR FAR Densi
0.35 2-.W 60
0.60 3-00 67
0.60 3-00 74
0.60 3.00 81
0.60 300 88
60 300 95
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 5 of 27
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Dang
to take the following actions:
1. Introduce the first reading, by title only, Ordinance No. 1001, as amended,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA APPROVING ZONE CHANGE
19-03 AMENDING THE OFFICIAL ZONING MAP
AND APPROVING MUNICIPAL CODE AMENDMENT
19-02 AMENDING VARIOUS SECTIONS OF TITLE 17,
FOR THE FREEWAY CORRIDOR MIXED-USE
OVERLAY; and
2. Adopt Resolution No. 2021-29, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT 19-03 IN CONJUNCTION WITH
THE FREEWAY CORRIDOR MIXED-USE OVERLAY
The motion was carried out by the following roll call vote AYES: Armenta, Clark,
Dang, Low, Ly NOES: None.
City Attorney Richman read the title of first reading of Ordinance No. 1001
for the record.
B. Public Hearing on Modification 21-03 and Zone Variance 21-01 for
8449 Garvey Avenue
On February 27, 2018, the City Council approved Design Review 16-04, for
the construction of a new residential/commercial mixed-use development with
35 residential units, 7,520 square feet of commercial floor area, and a density bonus
for six low-income households. Waikiki Property LLC is requesting to modify
Design Review 16-04 by eliminating the density bonus, which increased the
allowable density by 35%, granted two concessions for building height and land
use mix, and granted a reduction in off-street parking requirements for the
residential development. As part of the application, the applicant has also submitted
a Variance application to deviate from the height requirement. Per Rosemead
Municipal Code Section 17.120.100.C, a proposed change that does not comply
with the criteria identified in subsection B of [RMC Section 17.120.1001,
or any other provision of the Zoning Code, may only be approved by the original
review authority for the project through a modification permit application
filed and processed in compliance with [RMC Chapter 17.1201. The subject site
is located at 8449 Garvey Avenue (APN: 5288-004-098), in the Medium
Commercial with a Residential/Commercial Mixed -Use and Design Overlay
(C-3/RC-MUDO/D-0) zone.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 6 of27
Recommendation: That the City Council take the following actions:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Resolution No. 2021-40, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA APPROVING MODIFICATION 21-03
AND ZONE VARIANCE 21-01 TO ELIMINATE
THE DENSITY BONUS GRANTED TO DESIGN
REVIEW 16-04 AND TO DEVIATE FROM THE
HEIGHT REQUIREMENT FOR THE DEVELOPMENT
SITE LOCATED AT 8449 GARVEY AVENUE (APN NO.
5288-004-098), IN THE MEDIUM COMMERCIAL WITH
A RESIDENTIAL/COMMERCIAL MIXED-USE AND
DESIGN OVERLAY (C-3/RC-MUDO/D-0) ZONE
Associate Planner Lao presented the Staff Report; noted due to the financial
impacts of the COVID-19 pandemic, the applicant is requesting to modify the
approved project by eliminating the density bonus. The applicant has indicated that
the cost of construction materials and labor has significantly increased their overall
construction costs. As a result, the incorporation of the six low-income rental units
would not be financially feasible for the developer. As part of the application, the
applicant has also submitted a variance application to deviate from the height
requirement. Per Rosemead Municipal Code, Section 17.120.100.C, a proposed
change that does not comply with the criteria identified in subsection B of
RMC Section 17.120.100, or any other provision of the Zoning Code,
may only be approved by the original review authority for the project through
a modification permit application filed and processed in compliance with
RMC Chapter 17.120.
Council Member Armenta asked if they are striking the affordable units
completely?
Associate Planner Lao confirmed that is correct.
Mayor Low opened the Public Hearing. There being no comments, Mayor Low
closed the Public Hearing.
Council Member Armenta expressed it is very concerning when a developer comes
to the city and says they are going to do a certain amount of affordable housing,
and then comes back and removes all the proposed affordable housing; asked how
can we allow this developer to not even have one affordable housing?
Council Member Clark concurred with Council Member Armenta, stating that the
Regional Housing Needs Assessment (RNHA) numbers are supposed to be zoning
for more affordable housing.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 7 of 27
Mayor Pro Tem Dang inquired what changed that made the developer opt out of
affordable housing; it appears the building layout stayed the same, looking through
the plans, some of the affordable housing rooms became commercial, so maybe
there is a market for them to lease commercial space which could be the driving
factor. Opined I don't think it changed the impact on the neighborhood; affirmed
we want to be able to provide housing in the Garvey Avenue Specific Plan, we want
that hybrid of providing housing and the tax dollar. Although the affordable housing
component has been removed, I don't think it's detrimental; it brings in new tax
dollars and another way to benefit the city. I think the height issue — looking at the
height is more like a parapet in the stairwell.
Associate Planner Lao responded the applicant is asking for a variance because
of the height and number of stories; referenced page 5, noting the diagram depicts
the building from the grade to the top of the roof is 44 feet, which is within the
allowable height limit of 45 feet; explained a variance is requested as there is an
elevator shaft in the stairwell that is 8 feet high and the 11 feet is for a parapet
decorative to conceal the mechanical equipment on top and not used for a functional
portion of the building.
Mayor Pro Tem Dang indicated the parapet is for safety reasons as the Building
Code states if you have a four-story building, you need a stair shaft that goes to the
roof for fire personnel and cannot build the building without it; opined the screen
is a byproduct of it, and at the end of the day, if they didn't put the screen in, we
would be asking why they aren't to soften the aesthetics.
Council Member Ly stated he understands Council Members Armenta's and
Clark's concerns on this. Construction costs has increased dramatically due to the
pandemic and trading war with China; pointed out that you're seeing the effect of
this on multiple projects. Noted another developer, William Duong's project also
on Garvey Avenue is well over two years behind schedule due to the struggle of
paying construction costs. There is truth to it that the developers are stuck between
a rock and a hard place as they essentially face two options: Option 1 — The project
gets delayed for a long period of time, which is going to cost you more money each
time you do it or Option 2 — They stop building and now you have this empty facade
of a building prone to graffiti and homelessness. Neither are desirable. Even though
it's a shame you are seeing a reduction in affordable housing at this location,
I think it is still better to let the developer continue to build and rent out this location
so that you do have a project there. It warrants a conversation as a Council because
at the end of the day, the incentive is not there for the developers to build affordable
units. I would like to see the Council look into creating a development impact fee
or in lieu fees so we can collect money if the developers are not able to build
affordable housing and we can channel that money for affordable veteran or senior
housing. I think that would make more sense for Rosemead.
Mayor Low indicated she has talked to members of the business community
who also share the sentiment that they are suffering from increased costs of not
only construction but shipping as well. Stated she understands the request and that
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 8 of27
the developer is at the point where they have to do something; noted they reduced
the number of units from 35 to 26 units and the height variance is due to the
mechanics. Echoed Council Member Ly's thoughts that she would rather not see
an unfinished project sitting there. Supported the idea of working on a plan to
collect a development impact fee or in lieu fee to work on building affordable
housing as a city.
Council Member Armenta asked what bonuses and variances this developer was
given when they initially said they were going to provide affordable housing.
Associate Planner Lao responded the concessions that were granted due to the
density bonus were the increase in the number of units; in addition, they
were granted a variation from the land use mix, number of stories and height,
and reduction in parking.
Council Member Armenta questioned if they are still being given any bonuses or
variances without providing affordable housing? Expressed she would feel better if
they are not being credited.
Ms. Lao affirmed they are not being granted any concessions as they are reverting
everything back to normal and must meet the standards of the RC-MUDO Code;
noted the developer is only asking for a variance in the number of stories and height.
Council Member Armenta responded we understand the rationale behind the
variance request; inquired about parking.
Ms. Lao explained there is no special concession we gave them for parking
since they reduced the number of residential units and changed the use of the
first floor from retail to a furniture and appliance store, the parking pencils out
and they qualify for parking.
City Attorney Richman read for the record that the following typos will be corrected
on Resolution No. 2021-40:
• Section 2 states the Planning Commission are making the findings, however
it should state the City Council.
• Indicated there were two "Section 2s" inadvertently numbered wrong;
the second "Section 2" should be numbered as Section 3.
• Within Section 3, the reference of the Planning Commission should also
be changed to the City Council making the findings.
Council Member Armenta reiterated for the record that she understands the
rationale but is really disappointed that we couldn't put a couple of affordable
housing units.
Council Member Clark echoed Council Member Armenta's disappointment; stated
she likes Council Member Ly's idea to bring a tool to collect the money so that the
city can facilitate the affordable housing ourselves.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 9 of27
Council Member Ly stated we do have some sort of diff, but we can talk about it
din the future to make it more robust.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Dang
to adopt Resolution No. 2021-40 with the aforementioned corrections, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA APPROVING MODIFICATION 21-03
AND ZONE VARIANCE 21-01 TO ELIMINATE
THE DENSITY BONUS GRANTED TO DESIGN
REVIEW 16-04 AND TO DEVIATE FROM THE
HEIGHT REQUIREMENT FOR THE DEVELOPMENT
SITE LOCATED AT 8449 GARVEY AVENUE (APN NO.
5288-004-098), IN THE MEDIUM COMMERCIAL WITH
A RESIDENTIAL/COMMERCIAL MIXED-USE AND
DESIGN OVERLAY (C-3/RC-MUDO/D-0) ZONE
The motion was carried out by the following roll call vote AYES: Armenta, Clark,
Dang, Low, Ly NOES: None.
4. CONSENT CALENDAR
Council Member Ly asked for clarification on Consent Calendar Item C — inquired if the
cost of a Mitigated Negative Declaration (MND) is about $43,000 and how long does it
take to generate an MND?
Economic and Development Manager Valenzuela responded yes, it is within range as
our past MNDs are between $40,000460,000. It typically takes four to six months to
generate an MND.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Dang
to approve Consent Calendar Items A through D, and G. Council Member Armenta
pulled Items E and F for separate discussion. The motion was carried out by the following
roll call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None
A. Claims and Demands
• Resolution No. 2021-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM
OF $690,813.83 CHECKS NUMBERED 109466
THROUGH NUMBER 109561, DRAFTS NUMBERED
5200 THROUGH NUMBER 5212, AND EFT
NUMBERED 50679 THROUGH NUMBER 50689
INCLUSIVELY, WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 10 oi27
Recommendation: Adopt Resolution No. 2021-38.
• Resolution No. 2021-39
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$809,907.34 CHECKS NUMBERED 109573 THROUGH
NUMBER 109641, DRAFTS NUMBERED 5213
THROUGH NUMBER 5228, AND EFT NUMBERED
50690 THROUGH NUMBER 50697
Recommendation: Adopt Resolution No. 2021-39.
• Resolution No. 2021-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM
OF $698,419.16 CHECKS NUMBERED 109660
THROUGH NUMBER 109727, DRAFTS NUMBERED
5229 THROUGH NUMBER 5262, AND EFT
NUMBERED 50698 THROUGH NUMBER 50725
INCLUSIVELY, WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF
Recommendation: Adopt Resolution No. 2021-41.
• Resolution No. 2021-10 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 $3,150.00 NUMBERED
10318 INCLUSIVELY
Recommendation: Adopt Resolution No. 2021-10 SA.
• Resolution No. 2021-11 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 $1,807,997.92 DRAFT
NUMBERED 5263 INCLUSIVELY, WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF
Recommendation: Adopt Resolution No. 2021-11 SA.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 11 o(27
• Resolution No. 2021-06 RHDC
A RESOLUTION OF THE ROSEMEAD HOUSING
DEVELOPMENT CORPORATION ALLOWING CERTAIN
CLAIMS AND DEMANDS IN THE SUM OF $365.00
NUMBERED 1627 INCLUSIVELY, WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF
Recommendation: Adopt Resolution No. 2021-06 RHDC.
B. Approval of Minutes
Recommendation: That the City Council approve the meeting minutes of the special
meetings of May 26, 2020, and of July 12, 2021.
C. Professional Services Agreement for Environmental Consulting Services at
7539 and 7545 Garvey Avenue
On July 19, 2021, the Community Development Department issued a Request for
Proposal ("RFP") seeking qualified environmental consulting services to assist
with the preparation of a Mitigated Negative Declaration, as required by the
California Environmental Quality Act ("CEQA"). The proposed project includes a
Specific Plan Amendment to rezone two parcels located at 7539 and 7545 Garvey
Avenue and within the Garvey Avenue Specific Plan. Five proposals were
received, and staff is recommending that the City enter into a Professional Services
Agreement ("PSA") with Phil Martin & Associates, Inc. to prepare the applicable
CEQA analysis. Pursuant to the City's adopted fee schedule, the cost to retain the
environmental consultant will be fully paid by the applicant.
Recommendation: That the City Council take the following actions:
1. Authorize the City Manager to execute a contract agreement (including
extensions) with Phil Martin & Associates, Inc. to assist in the preparation of
required CEQA studies; and
2. Direct staff to obtain a deposit of $43,670 ($39,700 Cost + 10% City Fee) from
the developer to cover the full cost for contract services prior to authorizing the
environmental studies consultant to proceed.
D. Approval of Undertaking Agreement for Tract Map No. 82875 for 3133-41 Willard
Avenue
Tract Map No. 82875 is being submitted for consideration and approval along with
an Undertaking Agreement to guarantee construction of public improvements
subsequent to the recordation of the tract map.
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 12 of27
Recommendation: That the City Council approve Tract Map No. 82875 and the
Undertaking Agreement and direct the City Clerk to arrange for the recordation of
the map.
G. Federal Legislative Advocacy Day in September 2021 — Washington, DC
The City's Federal lobbyist David Turch & Associates is coordinating a federal
lobby day for the month of September. The intent is to conduct meetings to discuss
topics on Transportation, Public Safety, Economic Development, and various
issues affecting the City of Rosemead. The City Council will consider authorizing
the attendance of any Council Member who wishes to attend a Federal Legislative
Advocacy Day in Washington, DC scheduled for the month of September 2021.
Recommendation: That the City Council authorize the attendance, at City expense,
of any Council Member interested in attending a Federal Legislative Advocacy Day
in Washington, DC scheduled for the month of September 2021.
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
E. Professional Services Agreement to Provide MS4 NPDES Permit Services for
Fiscal Year 2021-22
On August 14, 2018, following an extensive Request for Proposal Process, the
Rosemead City Council selected CWE to provide the City with Municipal Separate
Storm Sewer System (MS4) National Pollutant Discharge Elimination System
(NPDES) Permit services through June 30, 2019, for $179,979. The City amended
the Agreement to extend the term of the original contract to have CWE continue
their services through June 30, 2020. In 2020, the City of Rosemead received
a proposal from CWE and awarded a contract in the amount of $89,947,
to continue providing compliance and monitoring services for 12 months through
June 30, 2021, and annual reporting services through December 31, 2021.
With the newly adopted fifth term MS4 Permit and compliance services needs,
staff recommends continuing to secure services from CWT per the proposal
received from CWE in an amount not -to -exceed of $199,998.
Recommendation: That the City Council take the following action:
Authorize the City Manager to enter into a new Professional Services
Agreement with CWE to provide MS4 NPDES Permit Compliance and
Reporting Services for a period of eighteen months to beginning on, or
about, July 1, 2021, through December 31, 2022, for an amount not -to -exceed
$199,998; or
2. Direct staff to advertise a Request for Proposal for MS4 NPDES services.
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Minutes of September 7, 2021
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Council Member Armenta asked what the city is doing to address the MS4
compliance issue. Stated before we were only being asked for $90,000 to go
through December 31, 2021, and now being asked for close to $200,000 when we
are barely in the beginning of September.
Interim Director of Public Works Ansari stated the fourteen tasks listed are a result
of the newly adopted MS4 permit which is driving the cost higher than what the
existing contract is; indicated there were some funds in the past to do with the BMPs
that were not available or could not be spent, and now they are available to spend.
Gerry Greene, Consultant, CWE, stated he likes to think of these contracts as
12 months of work and 6 months of reporting; clarified two years ago, we had a
contract with the city for about $180,000, and $50,000 of that was not completed
because there was not a consensus on how to deal with it. Last year we were able
to offer you a smaller contract because we didn't have those high budget items in
it and were at the end of the fourth term of this permit. For the last years of these
permits which run from 5 to 12 years, we are targeting what is going to happen in
the future, but we don't have all the requirements we've had in past years. This
year's extension proposal addresses where we have to go forward, now that a
new permit has been adopted. The included items in this contract are: $35,000
for industrial commercial inspections, noting we completed that work two years
ago so we did not need to add that this year; $54,000 for a regional VMT design
effort, stating two years ago that item was expected and that money would go
forward into last year, however when the time came how to move forward, we were
told those funds were no longer available, so now were back to proposing that work
that needs to be done.
Council Member Armenta asked what is the fifth term?
Mr. Greene stated the Los Angeles Regional Water Quality Control Board adopts
permits, each referred to as a term. On July 23, 2021, the Water Board adopted a
new version of that permit with changes and additional items needing to be done.
Council Member Armenta asked if the new amount of almost $200,000 is for the
period of July 1, 2021 through December 31, 2022.
Mr. Greene confirmed that is correct, with about 12 months of that for working on
items and then 6 months of reporting.
Council Member Armenta inquired what is being done to ensure we are in
compliance of the community outreach task.
Mr. Greene asserted that the permit has its requirements in it as to what it expects
from us; shared examples of past outreach efforts, noting a city in LA County
invited them to present to the community at their National Night Out event where
they had enviroscape models to show how pollution occurs and when the rain falls
and washes the pollutants into the ground or receiving water. Stated they have also
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Minutes of September 7, 2021
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gone out to businesses to explain to them why they are being regulated and what
things they generate (i.e., fats, oils and grease causing a backup of the sewer
system) that cause the pollutants to go out to the receiving waters; Emphasized
we educate them on how to control, better maintain their systems, and reduce
the number of pollutants that residents and businesses generate and run from the
city into the rivers that cause these MS4 permits to be issued and resulting in
the city incurring large expenses.
Council Member Armenta reiterated what have you done specifically for the
City of Rosemead?
Mr. Greene shared that when we were doing the business inspections, we shared
educational flyers. Pointed out that last year was not a good year due to the
pandemic for public outreach. The small activity of providing handouts cost about
$7,000. Expressed hopefully this year we'll have better outreach opportunities.
Council Member Armenia said that is great for those other cities, but we are paying
for Rosemead. The completion date is coming up very soon, so if we are not
in compliance, it is going to cost us millions of dollars. We need to be more
aggressive and does not want to hear what we hope will happen but rather what is
going to be done.
Council Member Ly opined the 14 tasks outlined is what the firm will be doing;
asserted the challenge we have as a city with MS4 permits is that these are unfunded
mandates that the Regional Board is saying we have to comply with. Emphasized
the importance of influencing our state legislature to address some of these items.
Council Member Armenta indicated that Senator Rubio is working on putting this
item in a bill.
Council Member Ly stated until the bill to address these unfunded mandates passes,
sadly we have to be the ones paying for this.
Council Member expressed she agrees with Council Member Ly; echoed her
concern that we are getting what we are paying for and on the right path
to compliance.
Council Member Ly recalled we are in some concerned litigation of our compliance
with the old MS4 permit; however, this firm has proven themselves as they got us
back on the right path and negotiated with the Regional Board to ensure we weren't
fined a couple of million dollars. Agrees with Council Member Armenta that every
single dollar needs to be accounted for very closely; indicated support for the
$200,000 as it will help safeguard the city's MS4 compliance.
Council Member Clark stated it is her understanding that this is basically to ensure
compliance with monitoring.
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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Mr. Greene responded this has little to do with monitoring and more to do with
direct requirements on the city to do a variety of things. For example, the first task
is meetings, there are ongoing activities to find where bacteria sources are coming
from the river. We have gotten the city through two annual budget plans
which helps support programs to ensure we are going in the direction to make the
decisions that are best for Rosemead.
Mayor Low stated she agrees with Council Member Armenta with the cost, but we
all understand this is something we have to do; trusts that the firm will do a good
job in ensuring our compliance.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Dang
to authorize the City Manager to enter into a new Professional Services Agreement
with CWE to provide MS4 NPDES Permit Compliance and Reporting Services
for a period of eighteen months to beginning on, or about, July 1, 2021, through
December 31, 2022, for an amount not -to -exceed $199,998. The motion was
carried out by the following roll call vote AYES: Armenta, Clark, Dang,
Low, Ly NOES: None
F. One-year Extension to Professional Services Agreement to Provide City
Engineering, Traffic Engineering and General Engineering Services
In September 2019, an RFP for City Engineering, Traffic Engineering, and General
Engineering Services was released. On February 11, 2020, the City Council
approved a motion to finalize and terminate the proposal process for engineering
services and authorized the City Manager to enter into a new agreement with
Transtech Engineers for a two-year term with an option for a one-year extension.
The existing agreement is set to expire on February 17, 2022. In accordance with
the original agreement, the City Council may extend the term of the agreement
for up to one additional year. Staff recommends that the Council authorize the
additional one-year term beginning February 18, 2022, to February 17, 2023,
in an amount not -to -exceed $342,420.
Recommendation: That the City Council authorize a one-year extension for the
term of February 18, 2022, to February 17, 2023, with Transtech Engineers for
engineering services as described in the original scope of services in an amount
not -to -exceed $342,420.
Council Member Armenia opined we cannot pick and choose which vendors get to
extend their contract vs. which have to go out to bid. Stated how many times do
we need to be reminded that we need to go out to bid; emphasized if you are talking
about precedence, then let's be consistent. One thing we pride ourselves in our
RFPs is what are they going to do as a community partner with the city, especially
for city funded events such as the Backpack Giveaway. Expressed she had concern
because the Transtech Project Manager was in charge of the Rosemead Park
Walking Trail and they did not even know the difference between when the
retention was paid and the notice of completion which was not even received at that
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time. Stated she understands that our current Interim Director of Public Works is
from Transtech, so when she asked about the contract extension, she was told we
were doing this because we did so in the past; opined just because we did something
in the past does not mean it is good practice.
Council Member Ly stated Council Member Armenta sets a threshold in giving
good guidance to Council as to when to go out to bid; indicated in multiple meetings
she said 10 years is the limit where you should be out to go out bid and it is my
understanding, we are nowhere near the 10 years with the Transtech contract
and the contract itself allows for a one-year extension. In regard to potentially
addressing another Public Works issue, the Republic Services contract is
approaching its 10 -year mark, which is why I have been pushing to go out to bid
to keep with the precedence. It's one thing if this firm was not doing its job; opined
a $342,000 contract is a good return on investment as they brought in about $27
million from the 710 project. A contract like this is always needed whether we have
an in-house person doing engineering services, we have always had consultant
services in that capacity because of how complex civil engineering is.
Council Member Armenta asked for clarification that the Round 2 money from
Measure R and Measure M is all because of Transtech's efforts.
Council Member Ly asked staff if Transtech wrote the overall proposal
City Manager Molleda responded that staff wrote the proposal for Round 1,
however we were denied funding; noted Transtech submitted the proposal for
Round 2, and we received that funding.
Council Member Ly opined he who submits the proposal gets the credit for it.
Council Member Armenta pointed out that she spoke at the Metro meeting on
behalf of Senator Rubio to give all of the San Gabriel Valley money because that
money was going to go to Pasadena. Expressed what is being represented is not the
case; acknowledged yes, Transtech wrote the proposal but it was not just because
they wrote the proposal that we received those funds; indicated there was a lot of
factors coming in to fighting so that the money stayed in the San Gabriel Valley.
Council Member Ly reiterated at the end of the day that since Transtech wrote it,
they get the bulk of the credit for bringing in that funding source.
ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem
Dang to authorize a one-year extension for the term of February 18, 2022, to
February 17, 2023, with Transtech Engineers for engineering services as described
in the original scope of services in an amount not -to -exceed $342,420. The motion
was carried out by the following roll call vote AYES: Clark, Dang, Low, Ly
NOES: Armenta
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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Mayor Low recessed the meeting for a 10 -minute break.
Mayor Low reconvened the meeting.
5. MATTERS FROM CITY MANAGER & STAFF
A. Proposed 2021 State and Federal Legislative Platform
In recent years, a City Legislative Platform was developed to provide a streamlined
process for responding to legislative proposals that may impact the City. The
proposed Platform identifies the fundamental legislative issues deemed critical to
the City, and upon Council approval, would allow staff to respond to legislative
items efficiently.
Recommendation: That the City Council adopt the proposed 2021 State and Federal
Legislative Platform.
Council Member Ly requested to add the housing item; noted that the City of
Rosemead continues to support legislation and appropriations that support
development of affordable veteran housing within Rosemead.
Council Member Armenta requested support funding for affordable housing for all
communities, which will encompass all seniors, families, etc.
ACTION: Moved by Council Member Ly and seconded by Council Member
Armenta to adopt the proposed 2021 State and Federal Legislative Platform with
the aforementioned amendments. The motion was carried out by the following roll
call vote AYES: Armenta, Clark, Dang, Low, Ly NOES: None
B. Report Regarding Compliance with Senate Bill 970 Changing Municipal
Election Dates
In November of 2017, the City Council adopted Ordinance No. 976 to change
Rosemead's General Municipal Election to coincide with the March statewide
primary elections in even -numbered years beginning in 2020 in order to comply
with Senate Bill (SB) 415, known as the California Voter Participation Rights Act
(CVPRA). The CVPRA requires political subdivisions such as cities to hold its
elections on a statewide election date if there has been a lower voter turn -out for its
elections versus statewide elections. Subsequently, in 2020, the Legislature adopted
SB 970, which changed the date of the statewide primary election to June, in
even -numbered, non -presidential primary years, while keeping the March date,
in even -numbered, presidential primary election years. The next statewide primary
is now slated for June 7, 2022.
In response to concerns that elected officials' terms which were set to expire in
March 2022 would become vacant before a new election could be held on the
new statewide primary date in June 2022, SB 590 was passed on July 16, 2021.
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Minutes of September 7, 2021
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SB 590 added language to Election Code Section 10403.5 (b) authorizing the
extension of council terms set to expire in March 2022, to instead expire following
the certification of election results from the June 7, 2022, statewide primary
election. The three-month term extension provided under SB 590 permits the City
to align with the new June statewide primary election.
Recommendation: That the City Council take the following actions:
1. Receive and file this report pertaining to Senate Bill 970; and
2. Direct staff to bring back a draft ordinance, for the first reading, amending
Rosemead's Municipal Code Section 1.12.010, changing the date of the City's
general municipal election from March of even -numbered years to the date of
the statewide primary election in even -numbered years consistent with existing
state law, and adjusting the terms of office accordingly.
City Clerk Hernandez presented the Staff Report
Council Member Ly gave kudos to City Clerk Hernandez for her presentation.
Stated he would like staff to continue to reach out to Gonzalves, our lobbyist, to
work on some fix -it language to realign with the same date to avoid confusion for
the residents. Asked if it is a June 7t' election date, how does that realign to when
candidates pull papers and when notices have to be released.
City Clerk Hernandez referred to the Election calendar, noting the election will be
called around January, then the nomination period will open February 14a' and close
March I Ph; stated she will share this calendar with the Council.
Council Member Ly inquired if it is the County running our election, and what does
the percentage have to be for the city to run the election.
City Clerk Hernandez affirmed that is correct as we are still under SB 415, as our
voter turnout has not increased and must be 25%, however we are at 13%.
Council Member Armenta asked if we have to file our paperwork with the County
in Norwalk since the election is run by the County.
City Clerk Hernandez responded you would file with the city. County puts the
ballot together and run the election night canvas.
ACTION: Moved by Council Member Ly and seconded by Council Member
Armenta to take the following actions:
1. Receive and file this report pertaining to Senate Bill 970; and
2. Direct staff to bring back a draft ordinance, for the first reading, amending
Rosemead's Municipal Code Section 1.12.010, changing the date of the City's
general municipal election from March of even -numbered years to the date of
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Minutes oJSeptember 7, 2021
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the statewide primary election in even -numbered years consistent with existing
state law, and adjusting the terms of office accordingly.
The motion was carried out by the following roll call vote AYES: Armenta, Clark,
Dang, Low, Ly NOES: None
C. 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 the County of LA Department of Public Health
revised its orders to align with the State Public Health Officers orders; mainly for
the business and industry sectors. Beginning September 20`h, any indoor mega
events and specific protocols for youth sports, involving 1,000 or more persons, all
attendees must prior to entry show verification of COVID-19 vaccination status or
a negative COVID-19 test. As of today, we have 5,410 COVID-19 confirmed cases
and 157 COVID-19 deaths in Rosemead; our number of vaccinations is 39,763 and
we reached 81.9% of all residents have received their vaccination in Rosemead.
Council Member Ly asked if the 81.9% of vaccinations includes only one or
both shots?
City Manager Molleda stated it includes 12 years old and up that have received at
least one dose of the vaccination.
6. MATTERS FROM MAYOR & CITY COUNCIL
A. Discussion on Joining the San Gabriel Valley Regional Housing Trust
Formation of the San Gabriel Valley Regional Housing Trust (SGVRHT) was
authorized by SB 751 (Rubio), which allowed the San Gabriel Valley cities to band
together to bring additional affordable housing resources to the San Gabriel Valley
region. Consequently, the SGVRHT was established in February 2020 as a Joint
Powers Authority (JPA) developed by a working group of staff from cities within
the San Gabriel Valley and reviewed by the San Gabriel Valley Council of
Government's City Managers' Steering Committee. The SGVRHT is governed by
a nine -member board of directors composed of seven local elected officials and two
housing and homeless experts.
At the June 14, 2021, City Council Special Meeting, SGVRHT Board Member and
City of Monrovia City Council Member Becky Shevlin conducted a presentation
and provided an overview of SGVRHT activities over the last year. Ms. Shevlin
ended her presentation by asking the Rosemead City Council to consider joining
the SGVRHT.
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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Recommendation: That the City Council discuss joining the San Gabriel Valley
Regional Housing Trust. Should Council decide to join at this time:
1. Direct staff to bring back an Agreement with the SGVRHT to join as a member
city and pay member fees, not to exceed, $18,885 for the first year; or
2. Direct the City Manager to submit a letter to the SGVRHT indicating
Rosemead's intent to join as an affiliate and pay affiliate fees, not to exceed,
$6,777 for the first year.
Mayor Low requested this item be tabled at a future City Council meeting.
B. Discussion and Possible Support of the League of California Cities Proposed
Resolution Regarding the Fair and Equitable Distribution of Sales Tax Derived
from On-line Retailers
This item is presented to the City Council at the request of Council Member
Margaret Clark to discuss the League of California Cities (Cal Cities) proposed
resolution under consideration at the League's Annual Conference being held in
Sacramento on September 22 -24, 2021. Council Member Clark would like to
discuss the City's position to support the resolution from Cal Cities, requesting the
Legislature to pass legislation that provides for a fair and equitable distribution of
the Bradley Burns 1% local sales tax from in-state online purchases.
Recommendation: That the City Council discuss and provide further direction.
Council Member Clark explained that one of the state's largest online retailers
shifted its ownership structure so that it is now considered both an in-state and
out-of-state retailer, resulting in the sales tax this retailer generates from in-state
sales now being entirely allocated to the specific city where the warehouse
fulfillment center is located as opposed to going into a countywide pool that is
shared with all jurisdictions in that County, as was done previously.
Council Member Armenta stated let's say you ordered online from Amazon and the
item is being shipped to Rosemead; instead of Rosemead receiving the tax on that,
wherever the Distribution Center is will receive all the taxes.
Council Member Ly clarified that if you bought something on Amazon and it
is being shipped to the City of Rosemead, then the city of Rosemead gets
the sales tax. The concern is if it moves out of state, then instead of us getting our
share of it.
Interim Director of Finance Chamberlain indicated prior to this change in practice,
the sales tax went into the County's pool and that money was distributed to the city
as part of our population -based sales tax. It is going to the city that hosts the
fulfillment center instead of it going into the pool. Noted on our last Quarterly Sales
Tax Report, we did see a significant reduction of the money that was coming from
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the pool from this fulfillment center. This resolution is asking the League to support
changing it back to the County pool so that all the cities get an equitable distribution
of the sales tax rather than just one city that has the center.
Council Member Ly asked if this is the California Department of Tax and FEMA
Administration that made this determination.
Ms. Chamberlain responded that the Department distributes the taxes, but she does
not recall which agency made that determination.
Council Member Ly asked if staff could do some research as to which department
made that determination; noted we could add this item to our next lobby visit.
Mayor Low concurred with Council Member Ly.
Interim Director of Finance Chamberlain stated she will get that information
to Council.
ACTION: Moved by Council Member Clark and seconded by Mayor Low to
support the resolution from League of California Cities, requesting the Legislature
to pass legislation that provides for a fair and equitable distribution of the Bradley
Burns 1% local sales tax from in-state online purchases. The motion was carried
out by the following roll call vote AYES: Armenta, Clark, Dang, Low, Ly
NOES: None
C. Discussion of Garvey Park's Splash Zone Conditions and Giving Access to
the San Gabriel Valley Mosquito & Vector Control to a City Facility During
Non -Regular Business Hours
This item is presented to the City Council at the request of Council Member Sandra
Armenta to discuss current conditions of the Garvey Park's Splash Zone water park.
In addition, Council Member Sandra Armenta would like to discuss the possibility
of giving the San Gabriel Valley Mosquito & Vector Control access to city facility
by providing them with a city key to treat the conditions of the Splash Zone
pool water.
Recommendation: That the City Council discuss and provide further direction.
Council Member Armenta stated on May 31, 2021, she texted the City Manager a
picture of ducks outside our green less than full Splash Zone at Garvey Park.
Expressed she is very concerned having been a Trustee on the San Gabriel Valley
Mosquito & Vector Control and having a friend's father pass away from West Nile
Virus, especially when West Nile Virus was detected at Garvey Park last year.
Indicated she received an email from the Mosquito and Vector Control on August
2, 2021, that Rosemead now has a positive case of West Nile Virus. At that point
she asked for a full report from the City Manager, which was like pulling teeth
as she was told there was not a full report to provide; instead the same blurb which
did not address my concerns was included in the Council Weekly Update. I gave a
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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deadline for the report, but the City Manager told me she did not have it because
she was working on the Mayor's State of the City Address. Explained the reason
I am bringing this up is because my concerns are documented; shared she has a
report from the SGV Mosquito and Vector Control that notes "the last inspection
performed on the pool and drains was on August 2, 2021. My inspector found
mosquito breeding in four drains in the restricted area and was treated with a
residual pesticide. Overwatering of the park's green spaces continues to cause
puddling of standing water capable of supporting mosquito farming." Indicated
when she asked the City Manager if there was mosquito breeding, she was told no.
On June 26h and July 6', the Mosquito and Vector Control indicated they could
not inspect the pool because they did not have access; suggested giving a key to the
pool so that they can have access to complete the needed inspections.
Mayor Low expressed I understand the concern, however providing the agency
access does not mean the West Nile Virus will be prevented from entering
Rosemead; opined providing a key creates a liability for the city.
Council Member Clark indicated support for the Mosquito and Vector Control
to be provided a key to help monitor the pool.
Mayor Pro Tem Dang stated he understands Council Member Armenta's concerns
and echoed Mayor Low's liability concerns. Asked to see a map of the area that
they would have access to.
Council Member Armenta responded the key would be access to the pool's gate,
not the building or equipment; clarified the liability would fall under the SGV
Mosquito and Vector Control because they are at work regardless of if its daytime
and staff is there.
Council Member Ly commented that he is a little disappointed that the Mosquito
and Vector Control agency could not resolve a simple scheduling with our staff,
now this Council has to take time to talk about providing a key.
Mayor Low asked the City Manager to ensure appropriate Management is
addressing their staff if they are failing to provide access when an appointment has
been scheduled.
Council Member Armenta emphasized two years in a row we detected West Nile
Virus; noted we need to do our jobs to ensure the safety of the residents.
ACTION: Moved by Council Member Armenta and seconded by Council Member
Clark to give the San Gabriel Valley Mosquito & Vector Control access to city
facility by providing them with a city key to treat the conditions of the Garvey Park
Splash Zone pool water. The motion failed by the following roll call vote AYES:
Armenta and Clark NOES: Dang, Low, and Ly
Mayor Low asked the City Manager to ensure staff is providing the needed access
upon scheduled appointments.
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Minutes of September 7, 2021
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Mayor Pro Tem Dang suggested installing a realtor lock box so that if the agency
comes during a two-hour window, but staff had to step away to the restroom, then
the inspector will still have access during that time.
Council Member Ly indicated support for the lock box, but that it should still be
dealt with at the staff level.
D. Discussion of Impact on Residents of the Mobile Home Park Fire of June 14, 2021
This item is presented to the City Council at the request of Council Member Sandra
Armenta to discuss how the city may provide resources to the mobile home park
residents impacted by the fire that took place on June 14, 2021, at 7433 Garvey
Avenue.
Recommendation: That the City Council discuss and provide further direction.
Council Member Armenta expressed concerns of a site visit she and Senator Susan
Rubio visited at the mobile home park at 7433 Garvey Avenue. Following a fire
incident, Mrs. Armenta stated that the conditions of the property felt like a third
world country. Although mobile home parks are not under the city's jurisdiction,
but the state, she asked if there was anything the City could do to help the residents.
She noted that residents were stating that in order to move, they would have to sell
their mobile home to the property owner for $5,000, because the mobile homes
cannot be rolled off the property. Council Member Armenta asked if the City could
call the Los Angeles County of Public Health to report the poor living conditions.
She asked City Attorney Richman what the City could do to help the residents
living in the mobile home park.
City Attorney Richman stated the way the law works, all mobile home parks are
regulated by Housing and Community Development which is in the Civil Code,
and it's also in Health and Safety Code provisions. Mobile homes are considered
unique and thus handled by the state. Any complaints, rent issues, etc., are under
the purview of Housing and Community Development. There are inspections
every five years or so because they are understaffed. When significant complaints
are submitted to the Housing and Community Development, they will do some
investigation. She noted that if a jurisdiction requests to take over the mobile home
parks responsibility, there are costs associated with that, special Code Enforcement
staff required to enforce all inspections and regulations, and it's a citywide
responsibility of all mobile home parks, not just one property.
Mayor Low asked if the city took over the responsibility of mobile home parks,
would it be ongoing and not just a one-time thing.
City Attorney Richman replied that you cannot take it as a one-time, it would
be citywide for all mobile home parks in the City. The City would become the
enforcement agency like the Housing and Community Development. If the City
gets permission from the Housing and Community Development, then the
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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City would also have to report to the Housing and Community Development that
you are fulfilling the obligations of the statutes and the regulations.
Council Member Ly stated that when there is a Congressional Official asking for a
congressional inquiry to the Housing and Community Development, there would
have to be a process in which the agency has to answer the Congressional Official.
Asked if there was a similar process for the state legislation where Senator Rubio
could ask for an inquiry for state issues to the Housing and Community
Development.
Council Member Armenta replied there is a Senate Standing Committee, and the
Chair is Senator Leyva. It's called the Manufacturing Committee, but unfortunately
there have been people that have not been able to get assistance.
Council Member Ly asked if it was possible to ask Senator Rubio to advocate for
the community to address the mobile home conditions.
Council Member Armenta stated the Senate is working on bills and is listening to
over hundreds of bills being presented at the legislative session. There are bills that
address some mobile home issues such as rent caps.
Council Member Ly asked if there was a bill the city could support that is sponsored
by Senator Rubio that addresses mobile homes.
Council Member Armenta stated that there was no bill now. There are ideas for the
next legislative season. However, she would like to see what could be done to help
residents now.
Council Member Ly reiterated to Council Member Armenta if Senator Rubio
could make a legislative inquiry to establish an investigation at the mobile home
park to the Housing and Community Development.
Council Member Armenta stated no, but the City has the legal right to do the same
and not just rely on the legislators.
Council Member Ly stated that although the City could file a complaint, a Senator
inquiry could have more of an impact to establish an investigation with the Housing
and Community Development. He noted that the City would be in support of
writing a letter to the Senator about an initiative that would address the City's
concerns on mobile home parks.
Council Member Armenta stated she would inquire with the Senator.
However, asked if the city could reach out to the Los Angeles County Public
Health Department.
Council Member Ly asked if there were County personnel at the mobile home park
when there was the community meeting.
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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Council Member Armenta stated the County staff was present at the town hall
meeting but had not visited the mobile home park. They were only there to assist
the residents impacted by the fire and provide them resources.
Mayor Low clarified that when the City contacts Housing and Community
Development a copy of the letter also be sent to property owners of the property,
as well as to the individual owners of the mobile homes. There could be cases where
if the Housing and Community Development begins to enforce certain regulations,
that the individual owners could also experience an impact.
Council Member Armenta shared that the mobile homeowners had their homes in
better condition, than the landlord renting the mobile homes.
Council Member Ly stated that everyone in the property should be notified to be
transparent.
Council Member Armenta directed City staff to provide the City Council with a
rough estimate of how much it would cost to take on the responsibility of the mobile
home parks from the Housing and Community Development.
Mayor Low also asked to include what are the responsibilities of the Housing and
Community Development relating to mobile home parks.
Mayor Pro Tem Dang stated that mobile homes are manufactured and therefore any
manufacturing has to be licensed by the state. Also, if you have to follow the State's
specifications, you may not easily find the licensed contract that can do the work.
In addition, the City's building official may not have that expertise as well. He
noted that this would come with a lot more responsibilities the city is not ready for.
Council Member Ly stated that the findings the City staff bring back may reflect
those issues.
Council Member Armenta asked City Attorney Richman to also look into other
jurisdictions that have tried to take responsibility over mobile home parks.
City Attorney Richman replied that she would work with City staff to bring back
findings and look at other jurisdictions, which she recalled the issue was more cost
prohibited to take over mobile home parks.
E. Council Comments
Council Member Armenta stated she is still waiting for an update from City
Manager Molleda on the following items: 1) Rosemead Park Walking Trail; 2) Why
the Project Manager was not truthful when the retention was paid prior to the Notice
of Completion; 3) the Parent Engagement Institute — what is happening at the
former Public Works facility; and 4) Sent a text to the City Manager regarding a
citation because Rosemead School District asked if the city could hold off on
Rosemead City Council, Successor Agency to the Community Development
Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
Page 26 of 27
citations since it was the fust day of school. Stated she would like these updates
provided by the end of business day this Thursday.
Council Member Ly indicated the Auto Auction site is becoming a nuisance as
staff directed them to remove the wall, which still has not been removed and now
there are illegal businesses operating inside that site; asked staff to get back to
Council on what is the action to ensure that the wall is removed. Commented that
with the change in the order of election, a discussion is warranted if Council wants
to alter the Mayor rotation or wait until further discussion to see if we realign the
election to November. Stated for over two months, Council has asked Republic
Services to give us the information on how they would implement the new SB 1383
regulatory compliance, and as of today we have yet to receive that information;
expressed concern they are stalling until he is deployed and not on Council;
emphasized it is only fair that I get chance to vote on this item before I deploy.
Mayor Pro Tem Dang gave a shout out to Wealth By Health; noted at the last free
Medical and Dental Clinic, they saw 64 medical patients, 96 patients for Chinese
medicine, 103 people for dental, and vaccinated 139 people. Indicated they will be
holding another clinic in November, which should include optometry. Stated he
received inquiries from residents about planting more trees along the southside and
eastside of the Rosemead Park Walking trail to provide shade, especially with the
heat in the summer; asked the Parks and Public Works Department to bring back to
Council some ideas such as consider planting trees along the street of that area.
Commented with restaurants in the Freeway Corridor having the ability to serve
beer and wine through an Administrative process, I'd like to ask staff to look into
making that an option for restaurants citywide.
7. ADJOURNMENT
Mayor Low adjourned the meeting at 10:43 p.m., in memory of the men and women in
the military who lost their lives in Afghanistan. The next regular meeting of the
Rosemead City Council will take place on Tuesday, September 28, 2021, at 7:00 p.m.
in the Rosemead City Hall Council Chamber.
Ericka Hernandez, ity Clerk -- -
APPROVED
Steven Ly, Mayor
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Commission and Housing Development Corporation Special Joint Meeting
Minutes of September 7, 2021
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