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CC - Item 4B - Minutes of January 28, 2025 Regular MeetingMINUTES OF THE CITY COUNCIL AND HOUSING DEVELOPMENT CORPORATION REGULAR JOINT MEETING JANUARY 28, 2025 The regular joint meeting of the Rosemead City Council and Housing Development Corporation was called to order by Mayor Clark at 7:07 p.m., in the Rosemead City Hall Council Chamber, located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Clark, Mayor Pro Tern Armenta, Council Members Dang and Low ABSENT: Council Member Ly PLEDGE OF ALLEGIANCE was led by INVOCATION was led by Mayor Clark STAFF PRESENT: City Manager Kim, City Attorney Richman, Directorof Public Works Gutierrez, Director of Parks and Recreation Boecking,.and City Clerk Hernandez1' :_ 1. PUBLIC COMMENT 2. Sue Yamamoto, Library Manager annouricad there would, be free flu and COVID-19 vaccinations pnoyided`at the Rosemead Library.:Additionally, in collaboration with the Department of,Me, tal Health they are offering several engaging workshops available in both English and Chi ,mse. Additionally, there, are virtual programs for customers and a teen advisory board for input on future library programs. Finally, she introduced Lina Moy as the new, chitdrpn slibrarian:: Lino Mov, Children's Librarian proviid an update on the children's department at Rosemead Library. Additionally, they launched the Reading Star program, offering one-on- one tutoArig for kids it glades 1 to'6,_to improve their reading skills. A. Recognition of the`024 Jr. Gremlin Rosemead Rebels Team on their Undefeated and Achievement of the Title of Jr. All -American Football Champions Coach Frank Serna introduced the football team, parents, coaches, and athletic directors, highlighting the amazing accomplishments of the year. He highlighted the honor of representing and playing for Rosemead, setting their team apart from others. Coach Serna credited the hard work, commitment, and teamwork that led to an outstanding season, and thanked the players, parents, and coaches for their efforts. The City Council commended the commitment and hard work of the Jr. Gremlin Rosemead Rebels Team and their parents. Certificates of recognition were given to each team member. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes ofdanuary 28, 2025 Page I of21 AGENDA ITEM 4.11 3. C! PUBLIC HEARING CONSENT CALENDAR City Manager Kim requested to deferred Consent Calendar Item 4.F to the next meeting and Council Member Dang pulled item 4.E for discussion. ACTION: Moved by Council Member Low, seconded by Mayor Pro Tem Armenta to approve the Consent Calendar Items A — D, with the exception of E and F. Motion was carried by the following roll call vote: AYES: ARMENTA, CLARK, DANG, AND LOW NOES: NONE ABSENT: LY A. Claims and Demands City Council will consider authorizing the attendance of any Council Member ,wishes to attend the AIPAC Congressional Summit, from February 23-25, 2025 in Recommendation: `that the City Council authorize any Council Member to attend the AIPAC Congressional Summit, from February 23-25, 2025 in Washington, D.C. D. Adopt Resolution No. 2025-06, Authorization to Acquire a New 2025 Ford Super Duty F-550 Truck for the Graffiti Removal Program The City is seeking to acquire a new 2025 Ford Super Duty F-550 Graffiti Truck from Roadline Products Inc., for utilization in the graffiti removal program. The procurement of the vehicle is available through Sourcewell's purchasing cooperative contract no. 091521-NAF, awarded to National Auto Fleet Group. The total cost of the vehicle, including aftermarket equipment, is $165,142.67. Additionally, a request for consideration and approval of Resolution No. 2025-06, Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 2 of 21 to appropriate additional funds in the amount of $56,000 to address the funding shortfall associated with the procurement of the vehicle. Recommendation: That the City Council take the following actions: 1. Authorize the procurement of a new 2025 Ford Super Duty F-550 Roadline Products Inc. Graffiti Truck through National Fleet Auto Group (Sourcewell Contract No. 091521-NAF) in the amount of $165,142.67; and 2. Appropriate $56,000 in Gas Tax funding, by adopting Resolution No. 2025-06, entitled: A RESOLUTION OF THE CITY OF ROSEMEAD, CAL FISCAL YEAR 2024-25 O: APPROPRIATE ADDITIO ACQUISITION OF A NEW' E. Resolution No. 2025-05 — Absent from Council. Me Military Service Overseas Council Member Steven has not been determine( inform Cit¢ staff ofhis E Ly to OF THE ND THE ET AND IR THE Steven Ly to be ,tion 36513 for a a military, service tour, and his return date at this time., Once he is advised, he will ate -:in the meantime, the City Council has 1o. 2025-05, which grants permission for from Council meetings passing 60 days, in )n 36513, to complete his military service. Ca'ffOr ia;Governinent Code Sectiott 36513 provides that the City Council may grant permission to>a C6 ..' ilmember to Iie absent from Council meetings for a period longer than60. days, which if unexcused, would result in their office becoming the City Council adopt Resolution No. 2025-05, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA GRANTING PERMISSION TO COUNCIL MEMBER STEVEN LY TO BE ABSENT FROM COUNCIL MEETINGS PURSUANT TO GOVERNMENT CODE §36513 UNTIL MARCH 29, 2025 Council Member Dang asked for clarification of when the 60 days begin and ends. City Clerk Hernandez replied the 60 days begin at the adoption of the resolution for go until March 29, 2025. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 3 of21 5. City Attorney Richman further clarified that there is no requirement for the first 60 days of Mr. Ly's absence at the City Council meetings. ACTION: Moved by Council Member Dang, seconded by Mayor Pro Tern Armenta to adopt Resolution No. 2025-05, granting permission to Council Member Steven Ly to be absent from council meetings pursuant to government code §36513 until March 29, 2025. Motion was carried by the following vote: AYES: ARMENTA, CLARK, DANG, AND LOW NOES: NONE ABSENT: LY F. Acceptance of Annual Audit Reports for the Fiscal Year Ended June 30, 2024 — Q The certified public accounting firm of Lance,, Soll & Lunghard, LLP (LSL) was engaged by the City Council to perform an "audit of the financial statements and perform compliance testing of the City ofP,,osemeadof the fiscal year ended June 30, 2024. LSL conducted the audit in accordance withgenerally accepted auditing standards and issued an unmodified (clean) audit opinion on the financial statements. This report provides a summary of the audit report to be used as a companion to the published Annual Comprehensive Financial Report. Also included in the audit are the Rosemead Housing DevelopmentCorporation Financial and Compliance Report, and other documents related to the financial audit. Recommendation: That the. City:Council receive and file the City of Rosemead Annual Comprehensive Financial Report, the Rosemead Housing Development Corporation ,Annual Financial Statemems,,and other related audit reports for fiscal year ended7une 30;'2024. At the requestpf City'staff,,.Item F was deferred to the next meeting. Report overview ofthe City's graffiti removal program for the calendar year 2024, as requested by Council Member Steven Ly. Over the past several years, City staff has provided up to the City Council regarding the graffiti removal program's development .and implementation, with the City Council providing insightful feedback and,direction. The most recent update was in March 2024, and since then, staff has made substantial improvements based on City Council feedback and direction. Recommendation: That the City Council receive and file the report. Director of Public Works Gutierrez reported the 2024 graffiti removal program update provides an overview of its role in maintaining community safety and aesthetics. The report, given annually unless the council requests more frequent updates, covers program highlights, reporting methods, key statistics, newly Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 4 of21 implemented data tools (such as heat maps), and plans for improvement. It also reviews how the program aligns with the City's strategic goals. The City's graffiti removal program, managed by the Public Services Division under Public Works, operates year-round with a dedicated team equipped with advanced removal tools. Graffiti incidents are addressed within 24 hours, reflecting the City's zero -tolerance policy. Graffiti is identified and reported through four main methods: daily windshield surveys, public reporting via the GoGov/CRM system on the Rosemead app, Graffiti Tracker software for documentation and analysis, and a 24/7 graffiti hotline. In 2024, 91% of nearly 3,500 incidents were identified through windshield surveys, which cover two major routes. Each incident is logged into the CRM system for tracking. City staff currently conducts one daily sweepper route but aims to increase this to two sweeps per day to enhance efficiency. In 2024, the graffiti removal progr increase from the previous year. TT, square feet, a 250% surge from prior number of incidents, reflecting the C metrics such as addressed nearly 3,500 incidents, a 28% >tal surface area cleaned: reached 180,000 xs. Labor costs rose 50% due to the higher s commitment to prompt removal. All key tted, and costs, showed a significant rise. To improve efficiency, the program now utilizes- GIS-generated heat maps and predictiveruridels. jo identify,uigh-risk areas. Graffiti Tracker software aids in documentation, mapping, and, areri3 analysi , supporting collaboration between depart ents. and laW enforcement:` Animated data visualizations illustrate how graffiti pat cams, and hoisp9ts have evolved over the past four years. GIS=generated heat maps reveal that most graffiti incidents occur in the southwestern region, patticularly'at.Garvey and'7ackson Avenues, with a single gang responsible for over 1,100ncidents:. iPredictive analysis helps allocate resources effectively to enhance public safetv and nrevent future incidents. ield surveys, and collected data, the program has developed a identifies likely future graffiti locations, allowing proactive Key program improvements include: • New Equipment: The approval of a 2025 Ford Super Duty F-550 dedicated graffiti truck will double daily sweeps from one to two. • Language Accessibility: The GoGov portal and 24-hour hotline are expanding to include more languages. • Community Partnerships: Strengthening relationships with businesses and property owners to combat graffiti on private property. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 5 of21 These enhancements align with Goal C of the City's strategic plan, focusing on infrastructure modernization and fostering a cleaner, safer environment for Rosemead residents. Council Member Low thanked the team for their efforts in removing graffiti. She asked about private property and how it is going. Director of Public Works Gutierrez explained that City staff is removing graffiti on private property but are also taking it a step further by building relationships with property owners, especially in hotspot areas where the same locations are repeatedly targeted. Staff is working with private property owners by having them provide the paint while the City supplies the labor. Additionaily, we're developing programs to improve this process and make it more effective. Public Services Leadman Limon is often required before enterin option to purchase paint, while tl effective community outreach at Council Member Low stated the initially raised concerns about w recalled being told years', ago 4 taggers. However, after 151- yf removal efforts., This raises the or if it sitnniv remains a necessa hat the program works well, though a waiver to property. Property owners are given the provides labor. Ws approach serves as both eficial partnership with business owners. showine"a 247% increase h eraffiti removal graffiti problem has worsened. She ,moving graffiti would discourage tt graffiti persists despite ongoing her removal actually deters taggers Director ofPubfic Works Gutierrei-replied the key to combating graffiti is remaining vigilant aril relentlesg as graffiti.' is repeatedly put up, the City removes it. Eventually, the taggers get tired beforeAhe City does. The new graffiti seen is likely from different individuals, but as long as removal efforts continue, taggers will understand that the City will always address it, eventually discouraging them. -rvices., Leadman Limon added that taggers have become more brazen with graffiti often reappearing on the same day it's removed, unlike in the r it would typically appear overnight. This has led to an increase in incidents, a persistent challenge, but the City continues to address the issue. Council Mernber Low emphasizes the need to continue graffiti removal, despite not seeing a decrease in taggers over the years. She questioned the effectiveness of the strategy, as taggers are not being discouraged. Additionally, she asked about potential actions to take in identifying hotspots to address the ongoing issue. Director of Public Works Gutierrez replied knowing the hotspots allows the City to target resources more effectively and set up sting operations to deter taggers efforts are already underway to address the issue. Identifying hotspots helps focus these efforts in the most effective areas. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 6 of 21 Public Works Manager Camacho stated the graffiti truck will be a significant help, as the City has been working closely with the Sheriffs Department. When suspects are caught, the department notifies the City to check if they are known taggers. The two agencies have collaborated on sting operations to catch graffiti offenders, with the Sheriffs Department providing crucial support. Chief of Police, Lieutenant Tiwari stated the team has recently gained access to the graffiti tracker, which has been helpful in identifying trends, times, and locations of graffiti incidents. They've been working closely with City staff, discussing routes and times to coordinate efforts. Undercover vehicles have been allocated to the City for sting operations, but challenges arise when the offenders are juveniles, who often flee or are only cited. A previous district gttorney's policy of not filing charges against juveniles complicated enforcement. D with City staff and the use of the graffiti,tra significant success. The team continues to de` the box to address the issue. Director of Public Works Gutierrez -:stated that tracker is the ability to collaborate-' vith other perpetrator is caught in another city, the City cpi restitution. Council Member Low aske While it was actively used f in activitv.overAhe: ast few these obstacles, the partnership > identify monikers has been a iew strategies and think outside dditional benefit of the graffiti s using the :same system. If a along and share the costs of for been in use for several years. t like there had been a decline City Manager Kim explained the Graffiti Tracker had been in use for some time, but its rollout took,long&r,Jhanexpected; and there was a period when the subscription lapsed and had to be renewed. However, the tool is now being used effectively, with collaboration between Public, .Works Code Enforcement, and the Sheriffs Clark asked staff to explain how the tracker worked and how it knows location City Manager Kim explained the graffiti tracker is a software that records where the graffiti is Director of Public Works Gutierrez explained the Graffiti Tracker records detailed data at each graffiti site, including location coordinates, photos, square footage, and time spent removing the graffiti. This data helps with analytics and identifying perpetrators. If a suspect is caught in another City with a specific moniker, the system can link it back to prior incidents, improving the chances of identifying the culprit and potentially securing restitution. The more the system is used, the more effective it becomes in tracking and identifying offenders. Mayor Clark asked does someone manually enter the data, or does the system automatically detect your location when you're in the truck? Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 7 of 21 Director of Public Works Gutierrez replied that City staff enters the information to the software on a daily basis. Mayor Clark asked if someone is caught on camera committing graffiti, would that be valid? Sometimes witnesses are hesitant to get involved due to fear of retaliation, but if staff sees it on camera, does that evidence hold up in court? Chief of Police, Lieutenant Tiwari explained that a witness needs to come forward to hold up in court. City Attorney Richman further explained that sometimes video could be altered, you don't know the validity of the video, so it's,just not considered adequate. Council Member Low asked since the previous administrator allowed taggers to go unprosecuted, has the policy changedsince the beginning of this year? Chief of Police, Lieutenant Tiwart, stated that according f& memos to the Sheriff Department, juveniles will be prosecuted to the fullest extent of the law. Mayor Pro Tern Armenta expressed gratitude for the efforts in beautifying the City and sharing her personal experience in removing graffiti. She noted the challenges, such as changing monikers by taggers to confuse law enforcement. She also recalls helping draft a social ordinance that involves parents in paying restitution for graffiti cleanup, Sbe.highlighted how flip ordinance helped a young girl change her behavior when herparents'were held financially accountable. The social ordinance enacted in 2009-2010,includ4 holding parentsaccountable for underage drinking parties and graffiti by requiring them to pay restitution. She suggest revisiting and tailoring the grdinance, potenijally of%hg alternatiges like parenting classes. Council Member Dang praised the team for increasing the graffiti removal coverage from 52,000 square feet im2023 to three times the amount in the following year while keeping the costs low. He noted that if costs had tripled as well, the comparison would li qe been around, $'66,000, but the actual cost was much lower. He congratulated the team' 'Ifor their achievement. He also acknowledged that the graffiti vehicle was damaged„which'af cted the numbers, and compared the situation to creating a "Frankenstein" -vehicle to keep it operational. He thanked the team for their hard work, creafivity; and problem -solving in getting the mission going despite the vehicle challenges. In addition, he praised the animation and the useful metrics in the presentation slides, noting how the graphical representation of hotspots will aid in future presentations. Lastly, he asked if the new truck would feature the hotline number for residents to report graffiti, as he believed some people may not be aware that the City handles this issue. Director of Public Works Gutierrez replied they can add an identifying marker with the graffiti phone line on the new truck. In addition, asked City Council how often they would like a graffiti report to be presented. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 8 of 21 The City Council's census was every six months to a year to see the progress on what is working and graffiti trends. Mayor Clark asked if there were any statistics on how many people report graffiti by calling the hotline. Director of Public Work Gutierrez replied that the main reporting is from the windshield surveys the staff conducts. Mayor Clark asked when staff is working around the City abating graffiti, could staff also report homeless encampments to LACADA team or the appropriate authorities. She shared that there was a situation near Big Saver in her area where a person was camping, and even after they were removed, they came back, so she had to report it again. It would be great if city staff could take note of it and report it later, without interrupting their main task. Public Works Manager Camacho.xe Within the staff, they follow a ''s closely together. They also collabor sheriffs to clear areas when needed, Mayor Pro Tern Armen another graffiti truck. In of the street to co Public;Services L respond'faster by Currently, there primary truck har it's"addressed as address incidents fIIto] 01 ed that staff can definitely continue to do that. something, say something" policy and work with code enforcement, public safety, and the eluding outreach efforts. was delighted to hear there was going to be o were two trucks that drove on opposite sides second truck, they were able to ting into separate routes, sometimes running them in reverse. No -trucks, but'only one is equipped to remove graffiti. The the service, and staff report graffiti to the CRM system, where as they frnish_their routes. The data helps staff prioritize and in the momme. APublic Works Gutierrez stated they are working on a fourth metric to track staff spends removing graffiti. With the addition of the new graffiti truck, ect to address incidents more quickly, which will impact the budget and ,;,The metric will be included in the next update. Mayor Pro Tem'Armenta stated that she spoke with the City Manager Kim, and learned that city staff will now be able to handle simple striping tasks, saving the City costs by avoiding the need to bid out or hire a vendor for these jobs. City Manager Kim added that in 2024, there were 3,531 graffiti reports, with 3,227 (91%) submitted by staff. This highlights the dedication of the team monitoring routes and the code enforcement staff driving through the City. Council Member Dang asked to identify Caltrans properties (like freeways and underpasses) with graffiti, to reach out to Caltrans for removal, and track the response time. If not addressed promptly, escalation may be necessary. He also mentioned Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 9 of21 Council Member Armenta's past success in helping with graffiti removal and requests metrics to ensure proper follow-up. Council Member Low asked if it was possible to provide the separate graffiti data from public areas versus the private areas to see year differences. B. Public Transit Services Request for Proposal As follow-up to the public transit services report on November 12, 2024, staff prepared and released a Request for Proposal (RFP) for Micro -Transit and Ride -Hailing services. The RFP was released on; Monday, December 23, 2024, through the City's bidding platform, P1anetBids.' Since the initial posting, two addendums were issued. Recommendation: That the City Senior Management Analyst Morer micro -transit and ride -hailing servic year extension options. The origin submitting questions is rrow January by February 6th, and'*Or"osal prospective bidders were,, regiAerei received yet. reported that staff had released an RFP for with an 18-month baseterm and three one - deadlines were extended:. the deadline for )th„responses to questions would be provided bmissio"n deadline was February 19th. Eight on P1aneOids, but no proposals had been Council �Meinber D inquired regarding metrics: Does the RFP include a mechanism for collecting those metrics? That was one of the key selling points during your presentation, as,having thoseir etrics allows us to adjust the routes as needed. He wanted to .confirm thauhis is included in the RFP. Semoril, anagemcrit Analyst Morenp replied yes, that was definitely included as a request in�the RFR.Ja the scope'of services, which is attached to the sample agreement, we "have outlined a specific section for data metrics. We want to ensure that any vendor submitting aproposal can provide this capability. asked will the RFP process be based on a point scale, where meeting specific criteria? Senior Management Analyst Moreno replied yes, the evaluation format is included in the RFP. Vendors will know exactly what to expect and how they will be evaluated. Council Member Dang asked if the metric grading sheet was there before or was it introduced recently? Senior Management Analyst Moreno stated that she reviewed past RFP's and followed protocol. However, staff tailored the RFP based on the services being requested. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 10 of 21 C. An Ordinance of the City Council of the City of Rosemead, California, Amending Chapter 12.36 of the Rosemead Municipal Code Relating to Unlawful Camping and Personal Property in Public Places Introduction of a proposed ordinance, addressing the regulation of camping and the storage of personal property in public spaces within Rosemead. The proposed ordinance seeks to balance the City's commitment to maintaining public health, safety, and access to public spaces with its legal authority under the recent United States Supreme Court decision in City of Grants Pass v. Johnson. The ordinance, along with the attendant cleanup policy, reflects a measured approach that emphasizes compliance with federal and statefagw while incorporating strategies to connect individuals experiencing homelessness with available resources. The report outlines the ordinance's key components, relevant legal considerations, community needs, and anticipated fiscal implications. Recommendation: That the City of Ordinance No. 1026, entitled: AN ORDINANCE OF THE CITY OF ROSEMEAD, ( CHAPTER 12.36 ;OF THE CODE RELATING TO U1N PERSONAL PROPERTYTN approve the first reading and introduction ►D City Attorney Richman stated the proposed ordinance updates the current code on unlawful camping andpersonal property storage: Following the Supreme Court's City of Grants Pass decisionj, which clarified that anti -camping ordinances do not violate the Eighth Amendment, the City has gained more authority to revise its code. The updates include- Waxer def�iv uons and, and areas where illegal camping applies, siicli'as parks. Additionally,thc y Manager is now authorized to adopt cleanup policies aligned with Governor Newsom's suggestions, and penalties for violations ember Dang suggested reducing the 48-hour notice for cleanup, as in the .staff report, to 24-hours, stating there is no reason for the longer City Attomey Richman explained the reason for the 48-hour notice is that it aligns with the state's guidelines, specifically Caltrans, which has determined that this timeframe provides proper notice to avoid due process issues. Many jurisdictions use either 72-hours or 48-hours. Council Member Dang asked if by reducing the noticing period, are there ramifications. City Attorney Richman stated the Grants Pass decision confirmed that enforcing anti - camping ordinances does not violate the Eighth Amendment, but individuals still have due process rights under the Fourth Amendment, which requires notice before Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes ofdanuary 28, 2025 Page 11'of21 their property is taken. Some jurisdictions provide 72-hour notice, while others offer 48-hours. Council Member Dang suggested adding a clause to prevent individuals from re -camping within a certain radius, such as 500 feet, to stop the cycle of moving from one spot to another. He described a situation where a person moved across the street after being asked to relocate, which seemed ineffective. He proposes a radius rule to prevent this "cat and mouse" game and create firmer enforcement. Additionally, asked if the 60-day period for the City to store personal property could be reduced to a week if the owner doesn't return. City Attorney Richman explained that property seizure could be considered in process rights. She mentioned that such as 120, 90, or 60 days, due to particularly following Governor. keeping the 60-day period, as it:ali legal risks from homeless advocac` advise on potential risks if a shorter the notice period for personal notice, potentially violating due ctions use different timeframes, 1 concerns and to align with state practices, >om's executive order. She recommended with statewide practices and helps mitigate )ups. She offered to research the issue and od is considered. Council Member Dang advised looking into the possibility of reducing the number of days for property storage, citing the City of Rosemead's limited storage space as a concern. City Attorney Richman stated storage was a very common problem and vector issues. ordinance was only for properties outside in public City Aorgcy Richman stated that„private property issues, such as trespassing or storage of RVs, would be addressed'through different mechanisms than those used for City -owned properties; , if the ordinance also includes a prohibition on RV or was t44covered by a separate ordinance? City Attorney ,Richman explained the prohibition on RVs would be addressed through an oversized vehicle ordinance, which is separate from the current ordinance that is focused on encampments. This issue has not been a concern in the City so far, but if the council was interested, it would require a different ordinance and section of the code. Council Member Dang praised staff for clearing RV encampments near the Target Plaza on a wide street with few pedestrians. He acknowledged that the RVs were being used as housing and suggested that a separate mechanism or ordinance could be developed to address this issue in the future. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 12 of21 City Attorney Richman stated there may already be existing code that limits parking to 72 hours and proposes reviewing current regulations to assess how they are working. Council Member Dang stated he would like to see a re -camping radius restriction. City Attorney Richman noted that typically, parking violations, like a 72-hour limit, don't extend beyond the current location, and moving the vehicle would not constitute a new violation. She expressed concern that an ordinance preventing moving to a nearby location could be seen as overbroad and possibly struck down. While acknowledging the complexity of the issue, she offered to research the matter further but advised against adding such a provision tothe current ordinance without understanding the potential legal risks. Mayor Clark asked for clarification one location to another. City Attorney Richman explained tle,l notice, and then clearing the area, distu She acknowledged that. individuals consulting with the Chief of Police on these individuals. Enforcing a rule, pre the violation may not align with standa moving around from of issuing a citation, posting a 48-hour ig between trash aril personal property. gk up their belongings and suggest w enforcement typically interacts with people from being within 500 feet of rcement practices but is open to further Chief of Police, Lieutenant Tiwaii explained that each issue is addressed individually at the ti aey and if individuals don't'take their property, the City confiscates it and stores it. However, sometimes the 's;ane individuals retrieve their property the next day and move tp� a `riew location, forcing the City to restart the entire process, including posting, notices, taking pictures, and timing the process again. Further explained,'each violation is treated'separately, and it's unclear if repeated violations would be considered ongoing by the court. Each time property is confiscated after the O hour period;,it's treafed: as a separate violation. He believed the City cannot combine violations on its own; it would be up to the court to decide whether to treat Mayor Clark statgd'her understanding of the Grants Pass ruling is that if individuals are not allowed on public property, they can be cited and even jailed. However, she would prefer they receive treatment for issues like drug addiction. Asked if the ordinance addresses relocation. Chief of Police, Lieutenant Tiwari replied it's a different violation when there are drugs involved. Mayor Clark emphasized that if a person has a drug or mental health issue, she'd prefer to see them receive treatment rather than being jailed, although jail could be an option. She expressed that treatment would be a more effective solution. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 13 of 21 Mayor Pro Tem Armenia stated that while the City may want certain actions, the individuals involved may not want the same thing. She emphasized that being homeless is not illegal, and any services must also be accepted by the individuals affected. Mayor Clark stated they don't have a right to be on public property, that's what the Grants Pass said. Mayor Pro Tern Armenia clarified that the issue is not about wanting individuals to receive treatment, but rather that just because the City wants them to go into treatment, it doesn't mean the individuals are willing to accept it. City Attorney Richman explained that move before the 48-hour notice expir mention that criminal citations could sheriffs department has stated they overcrowding in prisons and concer homeless. She noted that undercur: effectively imprison homeless people ( Mayor Clark asked if there Were enough go to treatment? Chief of force to He individuals are often cited, they usually ind take heir belongings with them. They issued if the ordinance is passed, but the on't arrest homeless individuals due to about turning`' jails into housing for the orders, the sheriff's department cannot to the,need to reduce the;prison population. then they could make them civil rights. You cannot )A tries to offer services City Attorney Richman stated thatwsrhile violating the law is a criminal offense, the §betiff,s department has sto#@d they ^lagk the resources to arrest and book homeless individuals. Therefore, while _the _gction is criminal, they will not be arresting homeless people. The .issue lie not in legality, but in the policy and resource limitations diat1preverit booking homeless people into jail. Chief of Police; L. eutenaut Tiwari stated that the new measures provide legal standing to detain individuals, search them if they don't have ID, and take a stronger stance on drug possession. If someone is found with drugs and had been convicted twice in the past ;five years, it becomes a felony, and they will be jailed, not just ticketed. This gives the authorities the ability to detain people and verify their identity, preventing them from walking away. Regarding property, the ordinance gives legal standing to seize and store it after the specified 48-hour period, although individuals sometimes return for their belongings. However, this is not the norm, and the process works with code enforcement to ensure compliance. Council Member Dang inquired about the situation where individuals move slightly after being cited, essentially resetting the process. He mentioned an example of someone moving across the street, even moving just a few feet could reset the enforcement process, making it difficult to address the issue effectively. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 14 of21 Mayor Pro Tern Armenia agreed with the City attorney's plan to review the law and suggests that the discussion should be paused until the attorney completes her due diligence in determining what can be applied to the City of Rosemead. City Attorney Richman stated she would look into the issue and feels that moving only a few feet is unlikely, though people do sometimes move across the street. Over time, they may either leave the jurisdiction or choose to accept services. Hopefully, because of the Grants Pass decision, the enforcement of ordinances may lead more individuals to consider accepting services. Council Member Dang stated that if there is a situation where homeless individuals are camping on a narrow sidewalk, blocking access for people in wheelchairs, forcing them to navigate into traffic, would this be an ADA accessibility violation. City Attorney Richman explained that if an emergency situation is observed, it's treated differently and wouldn't follow the typical noticing process. She reference a case where the City of LA was sued after someone was injured due to blocked access. She noted that enforcing ordinances is complicated and case law presents challenges. If the sidewalk is completely blocked, authorities, -can intervene but caution against removing individuals without proper notice. Slie stated that while current laws allow addressing Eighth Amenconcerns, otherlegal challenges still apply, especially when homeless individuals utaim_disabilities::If a sidewalk is fully blocked, the sheriff and code enforcement can make:a decision without following the usual notice process. ated that the City Council could make a motion to approve the the direction to the City attorney to look into the 60 days storage City Attorney Richman replied;yes,, she would look into the concerns in reducing storage tirne,,which i ,Iaddressed iii the administrative policy. She also planned to investigate whether it's feasible to implement a rule prohibiting camping within 500 feet of a violation, stated that adopting the ordinance was the best option to ul tool, while the City attorney looked into the parameters ACTION: Moved by Council Member Dang, seconded by Council Member Low to introduce by titled only and approve the first reading of Ordinance No. 1026, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.36 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO UNLAWFUL CAMPING AND PERSONAL PROPERTY IN PUBLIC PLACES Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 15 of21 Motion was carried by the following vote: AYES: ARMENTA, CLARK, DANG, AND LOW NOES: NONE ABSENT: LY 6. MATTERS FROM MAYOR & CITY COUNCIL A. Introduction of Ordinance No. 1027, Adding Chapter 9.36 to the Municipal Code to Prohibit Targeted Residential Picketing City -Wide The proposed Ordinance No. 1027 would prohibit stationary targeted picketing within 200 feet of a residential structure or picketing that proceeds on a definite course or route in front of or around a targeted dwelling. Recommendation: That the City Council of Ordinance No. 1027, entitled: AN ORDINANCE OF CITY OF ROSEMEAD, ROSEMEAD MUNIC TARGETED RESIDEl\ City Attorney Richman s residential picketing Wit harassment, intimidation,'. ordinance is in response caused distress; ar dd simil City of;Sah Jose. The ordii freedom: of. expression, in upheld in legal cases,;ensu CODE the first reading and introduction OF THE ;NG THE NG. TO the proposed ordinance would'prohibit targeted eet of a person's home, addressing concerns of icy violation's caused by disruptive picketing. The ,nts where picketing at council members' homes have,been-adopted in other cities, such as in the nstoprotect residents' privacy while still allowing 1blic spaces. The 300-foot buffer zone has been ordinance aligns with the First Amendment rights. he ordinance was specifically for City Council no, it covers any residential picketing. )w expresses that sometimes you could have Planning tough decisions, and the ordinance protects anyone. City Attorney Richman reiterated that targeting picketing cannot be within 300 feet of a residential,- elling that is subject to the targeted picketing. Resident Tony Vong acknowledged the difficult decisions City Council Members face and appreciated their past actions, particularly approving the controversial Maryvale project. However, he criticized certain council decisions, such as a past incident involving financial ties to trash companies. He argued that while politicians deserve privacy, their responsibility for residents' livelihoods makes transparency essential. Mr. Vong criticized the Garvey Specific Plan, which would replace Paradise Trailer Park with commercial properties, alleging the council of displacing Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 16 of 21 long-time residents. He called for accountability and advocates for humane protests to ensure affected voices are heard. Mayor Clark clarified for the record that she was not able to vote on the Garvey Specific Plan because she lives too close. Mayor Pro Tern Armenta expressed support for the ordinance to protect residents and officials from unjust targeting, citing where a man named Steven Ly was wrongly protested against due to sharing the same name with a council member. Despite efforts to correct the mistake, protesters continued, causing distress to an uninvolved family. She emphasizes that while First Amendment rights allow protests, elected officials and their families also have rights, including safety. She argued that protests should be directed to public spaces like City Hall, rather than private residences. Council Member Low stated she initiated the request for legal review, supports the ordinance, agreeing with Council Member Armenta. While accepting protests as part of being an elected official, she expressed concern for her fahiily's safety, particularly their daughter encountering protesters outside their home. She also worried about the impact on Planning Commissioners and other decision -makers who must make tough calls without fear of harassment. Mrs. Low emphasizes that protests should be held in public spaces, rather,than at private residences, as such actions unfairly disrupt families, neighbors, and futur& officials. Mayor Pro Tem Armenta stated she recalled protestors at her home over the Maryvale project, emphasizing that despite opposition; ,the council stood firm and approved it. She stressed that white officials:acceptcritieism, targeting their families, neighbors, or uninvolved individuals is unacceptable. Mrs. Armenta highlighted the role of misinformation in escalating tensioms,and urged residents to engage through proper channels, such as'emails or palls, rather than resorting to disruptive protests at private Council Member Dang'agreed with previous Council's concerns about protesting at gfficials' homes and shared that his wife asked if it was safe to leave their own home, highlighting the Astress such protests cause. He expressed deep concern over potharm to'- lowed ones and urged protesters to consider the impact of their actions: While supporting public gatherings and rallies at City Hall, he emphasized that council meetings are the appropriate forum for addressing concerns. During the lengthy counciLineeting that lasted from 7 p.m. to 4 a.m., he noted that the City Council listened to every speaker, even when comments became repetitive. He stressed that despite the misinformation, the City Council did not hold it against anyone and fulfilled their duty to hear concerns. However, protesting at his home and pressuring neighbors is ineffective. Mr. Dang asked what penalties exist for violations in the proposed ordinance. City Attorney Richman stated violations of the code can be addressed through either criminal prosecution or administrative citations. The decision on how to proceed Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 17 of 21 would be made at the time of the violation, with input from law enforcement and legal authorities. Council Member Dang suggested that clearly stating monetary fines in the ordinance would deter violations by emphasizing financial consequences. However, he was unsure if this ordinance was the appropriate place to document such penalties. City Attorney Richman explained that in the first chapter of the municipal code, typically it's not restated at each section. The first chapter of the municipal code states that any violation can be enforced through criminal or administrative citations, so it is not referenced in every section. Council Member Dang stated that if protesters saw the consequences of their actions, they may think twice. He expressed concernthat the current wording of the ordinance didn't make the potential penalties clear, suggesting it.should be made more obvious to have a greater impact. City Attorney Richman stated that if the City Council wants to add another section, she could add to the ordinance section 9.36.040,."This violation of this chapter can be enforced through criminal or administrative penalties." Council Member Low asked how the penaltyscan be addressed in the proposed ordinance. City Attorney �Riclmi explained there are-: several'ways to address violations, including criminal prosecution,. administrative citations, or nuisance actions. The City can issue citations through code enforcement, send warning letters, and if the issue isn't i6Ssolved, take further legal steps, such as filing a misdemeanor complaint with the court. . City Manager Kim added that the relevant section in the municipal code was Chapter 1.16, titled "General Penalty," that read: person shall violate any provision or fail to comply with any of the requirements of this code." "Aily;person piolating any provision or failing to comply with any mandatory requitement ,of this code shall be guilty of a misdemeanor." "Anyone=;convicted of a misdemeanor under this code will face a fine of up to $1,000, imprisonment in the county jail for up to six months, or both." Additionally, Section 1.16.030 addresses administrative citations, stating that violations of this code are subject to civil fines and details the administrative citation process. City Attorney Richman stated that the approach is consistent with most cities, where the penalties are outlined without needing to restate them in every instance. Violations are typically addressed as either misdemeanors or administrative violations when cited. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 18 of21 Council Member Dang reiterated his point to ensure that the new ordinance is properly included as a fee item in the code, noting that the existing codes are older and may not account for the new addition. The administrative citation and how much does it cost and where is the charging language? City Attorney Richman stated whenever an ordinance is passed, we don't typically include additional language about penalties. However, violating the code can be addressed either criminally or administratively. The Comprehensive Schedule of Fees resolution outlines the specific amounts for those violations. Council Member Dang asked if we could reference that any violation would be subject to either a misdemeanor or an adin. ative citation, according to the relevant section of the Rosemead Municipal.COde and add that as a new line item. City Attorney Richman read the proposed amendment to section 9.36.050 to state, "Any violation of this chapter shallbe subject to, criminal and administrative remedies, or as otherwise provided1n the Municipal Code. City Manager Kim stated that each year, the City Council adopts a fee schedule for the City of Rosemead, with the current one, being for 2024-2025. The Comprehensive Schedule of Fees includes' Section N, whichcovers civil fines for administrative citations. This section, found on page 24, listsfines for violations, such as $100 for the first violation, $250 foi the second, and $500 for subsequent violations. In the Rosemead Municipal Code; Chapter 17 (zaning code) various applications, such as for a variance, eoudition use permit, Qr film permit, are mentioned, but the actual fees are not -listed in the ¢pde itself. Instead, -the fees aroaeferred to in the Comprehensive Schedule of.Fees, which the City Council updates annually. He suggested that they could add a. section stating that violations of the code would be subject to fines according to the most current fee schedule. In addition, when someone receives an administrative citation or parking ticket, the citation form will indicate the violation and include"Ia,box with the dollar amount to be paid, specifying the fine for the violation. Chief of Police,' Lieutenant Tiwari stated that code enforcement handles administrative citations, while law enforcement deals with misdemeanors. Officers issue citations, document incidents with reports and body cams, and submit cases to the District Attorney for potential prosecution. In court, a judge determines guilt, fines, or penalties based on severity and prior offenses. Council Member Dang also suggested using the decibel limits from the current municipal code on noise pollution to regulate protests, ensuring that protests remain peaceful without disturbing neighbors. He proposed setting a decibel threshold so that protesters can be heard from 300 feet away but not disrupt the neighborhood with loud noise, such as from bullhorns. City Manager Kim replied that the municipal code has a section in the code that already has a maximum decibel limit for different zones or different areas. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page 19 of21 Council Member Dang emphasized the importance of educating the public about regulations, such as noise limits for protests, to promote peaceful events. He believed that informing protesters about their rights, including decibel limits, will lead to more productive and peaceful protests, benefiting both the protesters and the residents by maintaining peace and fostering understanding. He asked the City Council if they felt the need to have a decibel regulation stated in the ordinance, even though it is already in the municipal code. Council Member Low stated that she believed that having the ordinance in place will give code enforcement and law enforcement the authority to address protesters effectively. Previously, code enforcement and law enforcement were present but lacked the tools to intervene or communicate the rules to protesters. With the ordinance, they would be able to inform protesters about the regulations, ask them to comply, and direct them to protest peacefully"or at designated locations. City Attorney Richman expressed concerns about referencing only one section of the noise ordinance in the new regulation She worried that this could be argued that other sections of the ordinance don't. 4vvly to protesters. She , questioned whether referencing just one part of the ordinance could create confusion or inconsistency in enforcement. City Manager Kim stated that=code enforcement staff is already familiar with the noise ordinance because they. izefa lot of noise complaints. City Attorney Richman reiterated theadditional section will specify that violations of tbd�l targeted picketing on Hresidential zones, will be a misdemeanor or seconded by Council Member Dang to ing of Ordinance No. 1027, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING THE ROSEMEAD MUNICIPAL CODE RELATING TO TARGETED RESIDENTIAL PICKETING Motion was carried by the following vote: AYES: ARMENTA, CLARK, DANG, AND LOW NOES: NONE;;ABSENT: LY B. Council Comments Council Member Dang talked about a contractor who emphasized community involvement and giving back during a presentation of the Tree Maintenance Award of Contract discussion. He felt it was an important point and proposed adding it to the agenda for discussion. Specifically, he wanted to explore including community engagement as a scoring criteria in Request for Proposals, suggesting it be part of the point scale for contractors. Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes ofdanuary 28, 2025 Page 20 of 21 ADJOURNMENT Mayor Clark adjourned the meeting at 9:30 p.m. The next City Council meeting will take place on February 11, 2025, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED: Margaret Clark, Mayor Rosemead City Council & Housing Development Corporation Regular Joint Meeting Minutes of January 28, 2025 Page21 of21