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CC - Minutes - 02-28-2023 Special Joint & RegularMINUTES OF THE CITY COUNCIL AND PUBLIC SAFETY COMMISSION SPECIAL JOINT & REGULAR MEETING FEBRUARY 28, 2023 The special joint meeting of the Rosemead City Council and Public Safety Commission was called to order by Mayor Dang at 6:11 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: City Council: Mayor Dang, Mayor Pro Tem Ly, Council Members Armenta, Clark, and Low; Public Safety Commission: Chair Cao, Vice -Chair Foutz (teleconferencing), Commissioners Garcia and Wu (teleconferencing) ABSENT: City Council: None; Public Safety Commission: Commissioners Fonseca, and Wu 1. WORKSHOP A. Public Safety Overview by the Los Angeles County Sheriff Department The Los Angeles County Sheriff's Department – Temple Station will provide an update on current crime trends, public safety measures, and community -oriented policing efforts in the City. Captain Mark Reyes, Los Angeles County Sheriffs Department– Temple Station, delivered a PowerPoint presentation covering crime statistics, historical trends/ staffing, visibility, FBI statistics, challenges, community oriented policing, and Department goals. Captain Reyes noted that he oversees five contract cities and that current crime trends are consistent across all of them, with overall crime on the rise. In 2022, reported totals included 379 burglaries and 777 grand theft auto incidents Using 12 years of historical data from the Contract Law Enforcement Bureau for the Rosemead contract, he highlighted that staffing has remained steady at approximately 30 deputies since the contract's inception in 2010. The contract began at $6.1 million and has increased to $9.3 million; however, the increase reflects the rising cost of doing business and inflation, as determined by the Los Angeles County Auditor's Office—not the Sheriffs Department. A 12 -year review of annual calls for service shows a significant increase in workload. In FY 2010-11, the Department handled 10,839 calls for service; last year, that number rose to 12,541—an increase of more than 2,000 calls with no corresponding increase in staffing. Routine call response times remain within acceptable standards. Priority calls—those requiring prompt response but not rising to the level of a life-threatening emergency, such as family disturbances or traffic collisions with unknown injuries—have increased substantially, from 1,866 calls in 2010 to 3,178 last year. Emergency calls, defined as life-threatening incidents including infants not breathing, injury traffic collisions, and domestic violence in progress, have nearly tripled over the same period—from 237 in 2010 to 667 last year in Rosemead. Despite these rising demands, Captain Reyes emphasized that response times continue to meet established goals, underscoring the sustained effort and performance of Department personnel. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page I of29 Captain Reyes discussed several challenges that reduce the deputies' patrol visibility. Department policy requires deputies to record every citizen contact using Body -Worn Cameras. He emphasized that this requirement is beneficial: it documents deputies' activities, has helped resolve and refute complaints, and provides opportunities for self-assessment and improved practices. However, the system creates additional administrative work. The body camera platform does not integrate with the Department's legacy records system, requiring deputies to manually match each video to its corresponding call for service in a separate database and tag it to the specific incident. He also cited compliance with California Assembly Bill 953 – Racial Identity Profiling Act of 2015, as another significant demand. State law mandates that deputies document detailed information for every citizen contact in a separate reporting database. For example, during a traffic stop involving four occupants, a deputy must complete four individual entries—one for each person— further increasing administrative workload and reducing time available for patrol. Captain Reyes stated that our department is currently facing a shortage of deputies; highlighted that deputies at Temple Station are required to work a minimum of 24 extra hours of overtime every month to meet our contractual obligations, this leads to fatigue and can affect station morale. We as a department operate with less but are still doing a lot. Next, we have budget constraints that have limited funding for training, hiring, and equipment, which hinders our ability to effectively police and keep up with technological advancements. Emphasized District Attorney Gascon has some special directives that is requiring his staff to reject crimes, which is public information; most recently the retired Pasadena Chief of Police Perez is now the Liaison for Mr. Gascon which gives us a direct line to try to address these challenges we are experiencing; If I keep getting repeated offenders, to call him and he will see what he can do. Building that relationship with Sheriff Luna. Captain Reyes provided an overview of the following legislation: • Prop 47 – Safe Neighborhoods and Schools Act enacted in 2014 by the voters; changed many felonies to misdemeanors, including drugs and theft charges. Explained that, prior to its passage, possession of heroin or methamphetamine was a felony offense. Individuals were taken into custody and required to appear in court, where a judge could mandate drug diversion programs or impose a state prison sentence. This process often facilitated court-ordered treatment for substance abuse. Under current law, however, individuals found in possession of heroin or methamphetamine are typically cited and released, with no guarantee of court appearance or access to mandated drug diversion services. • Prop 57 – Parole Consideration for Nonviolent Felonies, voted in 2016; this allows parole consideration for individuals convicted of nonviolent felonies, regardless of prior violent behavior. Captain Reyes noted that a person previously incarcerated for a violent act, such as a shooting, could be released on parole if later convicted of a nonviolent felony, such as auto theft, without prior violent history being factored into the parole decision. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 2 of 29 • AB 109 – Prison Realignment, enacted in 2011, diverted less serious felons to the County jail system rather than state prison which transferred supervision to the County probation level instead of the parolees reporting to parole officers. Captain Reyes discussed the impact of AB 109 on jail populations. He noted that the average daily inmate population in the County jail system was 16,224 in 2010, prior to AB 109, and decreased to 13,866 last year. In 2022, there were 1,5661 AB 109 prisoners—individuals who are now back in the community and, in some cases, involved in crimes such as auto theft, burglaries, and home break-ins. Captain Reyes emphasized that community oriented policing focuses on building positive relationships with residents, businesses, and organizations to prevent crime and promote public safety. Deputies implement innovative strategies, including crime mapping, tactical operations, and specialized SAO teams, which have achieved notable arrests related to smash-and-grab thefts, organized crime (Casitas), illegal marijuana dispensaries, and parole/probation violations. Captain Reyes thanked the City Council for their support, highlighting that deputies are working diligently. He affirmed the Department's collaborative relationship with the city, continuously evaluating and adjusting resources and personnel in coordination with the City Manager and his team. These efforts aim to encourage proactive policing and provide the City of Rosemead with the highest level of service possible within available resources. Mayor Dang opened the Public Comment period. City Clerk Hernandez read the following Public Comment received via email from John Gacis: "Dear Mayor, Mayor Pro Tem, and City Council, Having lived in Rosemead during my youth and high school years, I am now a business owner and own an ice cream shop in Rosemead since 2018. While crime is an issue in almost every city, the frequency and seriousness of crimes I have experienced in the last 2 years in Rosemead have gotten worse. Since I've owned my store, I've been burglarized four times and none of the suspects have been apprehended. There has been shootings next door to my shop at CVS and near Burger King across the street. Not only is the community affected by these crimes, but sets a dangerous environment for my young employees (many in high school and college) who have to witness police/sheriff activities on a weekly basis. See attached pic I just took yesterday near my store on San Gabriel Blvd, a felony (high-risk) traffic stop with one of the San Gabriel P.D. officers pointing an AR -15 at the vehicle occupants. I saw the suspect grinning as the police issued commands which gave me the impression these people just do not care. The amount of homeless entering my store is also increasing and one time when we refused a transient to use our bathroom, he unzipped and urinated inside our store. Another transient defecated near the Starbucks front entrance parking stall and I later witnessed through my security cameras a customer step on the poop, stained her shoes, and then walked straight to the women's clinic next door. This is unacceptable and poor leadership for the community. They need to be off the streets! Despite what Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 3 of29 others may say, the majority of these transients have various stages of mental illness and drug addiction from what I have personally experienced. These are people who cannot make rational decisions for themselves. Please assess Rosemead's priority in its resources to address the crime and public safety issues I have discussed. We cannot have a lenient legal system that allows criminals to slowly take over our community. Law enforcement needs to be adequately funded; lowering recruit training standards will only create more liability between the community and the police. A responsible district attorney is needed to enforce the laws and not use political activism to give criminals a free pass. Sincerely, John Gacis" There being no further comments, Mayor Dang closed the Public Comment period. Council Member Armenta emphasized she wanted to shed light on who the author of Prop 47 was. Captain Reyes pointed out that one of the authors is District Attorney Gascon. Council Member Low thanked Captain Reyes for a thorough presentation; thanked Captain Reyes and his Team for taking care of the Rosemead community. Gave kudos for the Department being proactive in working with the youth; commended them on their average response time of 3.9 minutes for emergency calls. Asked if they could work on the average response time for routine calls of 54 minutes because we do get calls from upset residents about the wait time. We have a contract to have the deputies patrol our streets; inquired how do I know me as someone representing the city know the deputies are out there as businesses complaining that they are not seeing patrol. I understand the deputies in the Rosemead Special Assignment Team have special projects that you cannot share until the project is completed or accomplished, please share them with Council so that we can then share that with the residents and business owners. Emphasized we need to find ways to make our city safer. Mayor Pro Tem Ly asserted that the number one priority of the Council, Public Safety Commission, and Sheriffs Department is to keep the city safe. Expressed we need to improve community policing. Asked a hypothetical question — Can the deputies that are patrolling the city name residents or business owners in which they interact with and vice -versa, can the residents or business owners name the deputy in which they interact with? Echoed Council Member Low's frustration of not knowing what the Special Assignment Team is doing — When it comes to patrol tactics, are the deputies driving around? Captain Reyes affirmed the deputies are driving around, stating one test is the number of calls in Rosemead that they respond to. Ascertained I think your question is are they out there driving around and being proactive? Do the deputies know the residents and business owners, I would think so and vice versa. They are literally going from call to call. It is very difficult for them to patrol the whole time. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 4 q(29 Mayor Pro Tem Ly asked how the deputies patrol in between these calls. Captain Reyes asserted Deputies will gravitate to the areas that have more criminal activity that generate the most attention. That's how we make arrests. Mayor Pro Tem Ly indicated he is known to work at City Hall late at night or on the weekends because that is the only time he has to catch up. Explain to me why I would see two sheriff cars parked here in the parking lot for a couple of hours. Captain Reyes responded there could be many reasons that they are writing their reports, every criminal report they take they have to document it. Typically, they will go hide somewhere because you don't want someone creeping up on them. The deputies could also be taking the time to clear the body worn camera calls or AB 953 profiling calls. They do not get paid overtime to stay after to clear their calls, so they are mandated to do that during their shift. Mayor Pro Tem Ly asked why aren't the deputies using the substation in the city for that? Captain Reyes acknowledged I know that there has been a problem in the past; opined we have already addressed that, so the deputies' usage of the substation has increased. We are looking forward to the update to the substation being completed so we can completely deploy from there. Mayor Pro Tem Ly stated I know Captain Reyes indicated the current Lieutenant is on leave, inquired what is the projection of opening our Chief of Police position. Captain Reyes replied it's hard to give a projection because I cannot move forward with the recruitment for the Chief of Police position until Lieutenant Shigo comes off of our books or another Lieutenant position opens; once the position opens, then I can put out a teletype departmentwide for any lieutenants interested in the position for Rosemead's Chief of Police to submit their resumes for review, from there I would select three candidates for the Council to interview. Mayor Pro Tem Ly indicated later this evening, the Council is going to review and potentially approve Administrative Policy 50-10 "Rosemead Chief of Police Appointment" which is in regard to how we select the Chief of Police. Asserted that there is language referenced under section B that states "The selection of the Chief of Police shall be as follows: a. The Captain of the Los Angeles County Sheriffs Department Temple Station will submit to the City candidate resumes for review and consideration. The Captain shall make best efforts to submit three or more candidates for consideration." Since this is a collaborative position with the City of Rosemead and Sheriffs Department, in which you as the Captain represent them, I would like your support to remove the words "shall make best efforts" and instead it read "you will submit three or more candidates for consideration". I believe that we can find three candidates, especially since the city is paying for the position. Shared that he is excited as this is the first time that he is sitting on this Committee to select the Chief of Police. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 5 of 29 Captain Reyes commented I'm all in and it benefits me to have the best person who is working well with the city. Mayor Pro Tem Ly addressed the Public Safety Commission, stating after reviewing the Commission's meeting, I am very impressed by the engagement of the Commission for their hard work and time they are taking out of their day for that. I would like an item added to the Public Safety Commission agenda to discuss crime prevention specifically towards crime education as we need to focus on engaging the youth as much as possible. Council Member Armenta stated it is heartwarming to know that a Rosemeadian is in control of the Temple Sheriff Station; encouraged her colleagues and the community to get to know the deputies on the Special Assignment Team. We know there are a lot of issues that need to be resolved but what I'm hearing is a lot of solution driven, the partnership that we need with the Sheriffs Department —you're recognizing the deficits and finding solutions for those deficits, so from the bottom of my heart, I thank you and the Rosemead Team. Can you remind us the award that our Rosemead Team won in 2021? Captain Reyes shared that the Rosemead Special Assignment Team won a statewide award for most innovative and most arrests, so it was a very proud moment for the City of Rosemead. They are a young team, and all want to be here, we are moving in the right direction. Council Member Clark expressed her appreciation to Captain Reyes for all that him and his Team do for Rosemead. She wished the community could understand that our hands are tied from all these things the District Attorney is doing. Mayor Dang echoed Council Member Low's concern of the response time as he receives a bunch of calls from business owners on Valley Boulevard and Garvey Avenue experiencing burglaries. When Lieutenant Duong was here he implemented Explorers and bike patrols to help him. Asked if that is a possibility to increase deputies visibility in the city. Public Safety Commission Vice -Chair Foutz thanked the deputies for all their hard work. Echoed Council Member Clark's frustration with Prop 47 and 57 as they are nefarious; the deputies catch the bad guys and then the legal system just releases them. Agreed with Mayor Pro Tem Ly that we have the best interest of the city at heart; opine I question the gentleman who wrote these laws as the state is hanging cities up to dry. Appreciate the Council's and Deputies' efforts. Public Safety Commissioner Garcia expressed appreciation to the Council for creating the Public Safety Commission; thanked Captain Reyes for his presentation and information provided. Commented she is happy to be able to share and educate the public with the information provided through the Sheriffs Department. Council Member Low stated I want to see us be more proactive than reactive. I don't want the deputies to know the residents and business owners so they know who to Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 6 of 29 call after the fact of being burglarized. I want the deputies to be proactive so that these homes and businesses are not burglarized in the first place. Public Safety Commissioner Wu shared when she first joined the Commission, there were a lot of items as a business member of the community that I wanted to tackle, but realized there are a lot of obstacles that the Sheriffs Department has to face in order to get results. Expressed appreciation to Captain Reyes on the in-depth presentation. Echoed Council Member Low's comments to address the response time to routine calls as it would be nice to receive an eta or even more so if they are not coming at all. Mayor Pro Tem Ly concurred with Council Member Clark and Vice -Chair Foutz on our hands being tied. Yes, our hands are tied, we have a significant challenge and an environment that is not favorable to us, but we have to use every tool in our arsenal to combat this from community policing to patrolling, etc. Reiterated our residents and business owners want a better public safety response. Council Member Armenta shared that the Los Angeles Sheriff's Department offers community academies, so people have an opportunity to actually see firsthand what our deputies are going through. Encouraged her Council colleagues and community to look into participating in the community academy so they can be more engaged with the deputies. Mayor Dang thanked Captain Reyes, Lieutenant Tiwari, and the Public Safety Commission for being present tonight to address the public safety matter. Stated we will take a brief recess before reconvening to the regular meeting. The City Council regular meeting reconvened at 7:48 p. m. PRESENT: Mayor Dang, Mayor Pro Tem Ly, Council Members Armenia, Clark, and Low ABSENT: None PLEDGE OF ALLEGIANCE was Mayor Dang INVOCATION was led by Mayor Pro Tem Ly STAFF PRESENT: City Manager Kim, City Attorney Richman, Assistant City Manager Bruckner, Director of Finance Chua, Interim Director of Community Development Wong, Director of Parks and Recreation Boecking, Director of Public Works Chung, and City Clerk Hernandez 2. PUBLIC COMMENT Mayor Dang opened the Public Comment period. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 7 q(29 I'� Detective Jan Huang, Major Crimes Bureau, Sheriff's Temple Station, stated she is the hate crime coordinator for the Department; provided an overview as to how the department is responding to hate crimes. We work with the Rosemead Special Assignment Team to do more outreach so that residents and business owners feel comfortable reporting any hate crimes to law enforcement. We understand that some people do not feel comfortable reporting it to law enforcement, which is why we are partnering with an organization called "LA Versus Hate" which is sponsored by the Los Angeles County Human Relations Commission, that provides resources such as counseling and different referrals for victims of hate crimes and incidents. The City Council thanked Detective Huang for being here to speak on this important and bring awareness to this matter. Mayor Pro Tem Ly asked Detective Huang to work with Lieutenant Tiwari and Assistant City Manager Bruckner to coordinate for you to present this to our Public Safety Commission as they are the ambassadors to the residents and business community. Council Member Low requested staff work with Detective Huang to get some information on the city website so that residents and businesses know how to contact you. There being no further comments, Mayor Dang closed the Public Comment period 3. PRESENTATIONS A. Recognition of the San Gabriel High School Football Team for winning the CIF Football Championship and the Southern California Regional Championship The City Council recognized the San Gabriel High School Football Team for winning the CIF Division 13 Football Championship and the Southern California Regional Championship, both wins being the first time in the school's history. We proudly recognize the team for their commitment to achieving this athletic goal, while fostering sportsmanship and representing Rosemead. Mayor Dang stated we are going to rearrange the order of the agenda to hear Item 6A — Appointment of the Youth Advisory Committee now as there are youth members in the audience waiting to head home. 6. MATTERS FROM CITY MANAGER & STAFF A. Appointment of the Youth Advisory Committee The City solicited applications for the reestablished Youth Advisory Committee, which will advise the City Council on matters pertaining to youth. The Youth Advisory Committee will be overseen by the Parks and Recreation Department and will submit an annual update to the City Council. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 8 of 29 Recommendation: That the City Council approve the appointments of Richard Chang, Yixuan Li, Frank Loung, and Alton Wu to the Youth Advisory Committee. Director of Parks and Recreation Boecking stated at the September 27, 2022 meeting, the City Council approved that the reestablished Youth Advisory Committee would be responsible for the following: advising City Council on matters pertaining to youth; promoting efforts that improve the welfare of Rosemead youth; educating the community regarding youth -related issues; and educating Rosemead youth and their families about available services, resources, and programs. In November, the City opened recruitment for the Youth Advisory Committee, advertising on the City website, social media channels, and through Rosemead High School, San Gabriel High School, and Mark Keppel High School. A total of 7 applications were received, of which 5 applicants met the requirements and were invited to interview with Recreation Supervisors Roman Rodriguez and Tam Chu on February 21, 2023. Four applicants attended the interviews. All exemplified great qualities that will benefit the Youth Advisory Committee and the City of Rosemead. Mr. Boecking introduced the proposed candidates: 1) Richard Chang is a sophomore at Rosemead High School. He would like to implement a local drug awareness campaign and address the issue of bullying in schools. 2) Yixuan Li is a sophomore at Rosemead High School. She would like to identify and create local programs aimed at assisting local teenagers coping with stress. 3) Frank Loung is a junior at Rosemead High School. He wants to advocate for a peer tutoring and mentorship program that would assist in developing the youth in his community. 4) Alton Wu is a senior at San Gabriel High School. He would like to help form support groups for students outside of the school setting. The City Council congratulated each candidate on being selected, applauded their desire to get involved in the community and wished them success in their endeavors to promote efforts that improve the welfare of Rosemead youth. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Armenta to approve the appointments of Richard Chang, Yixuan Li, Frank Loung, and Alton Wu to the Youth Advisory Committee. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None 4. PUBLIC HEARING A. Public Hearing to Consider the Second Substantial Amendment to the FY 2021-2022 Annual Action Plan to Include Home -ARP Allocation Plan The American Rescue Plan Act of 2021 (ARP) appropriated $5 billion to communities across the U.S. to provide for the development of housing, supportive services, and shelter to individuals experiencing homelessness and other vulnerable populations. These funds were allocated by formula to jurisdictions that qualified for funding through the HOME Investment Partnership Program (HOME Program) from Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 9 of 29 the U.S. Department of Housing and Urban Development (HUD). This special round of funding is called the "HOME -ARP" program. The City of Rosemead has been awarded $1,222,084 in HOME -ARP funding from HUD. In order to receive the HOME -ARP funds, the City must develop an allocation plan that will become part of the City's FY 2021-2022 HUD Annual Action Plan by substantial amendment. HOME -ARP funds can only be expended on eligible activities such as: the production or preservation of affordable housing, tenant -based rental assistance, and supportive services for individuals experiencing homelessness or at -risk of homelessness. Funding for this grant must be expended on eligible activities by 2030. Recommendation: That the City Council take the following actions: 1. Conduct a public hearing on the proposed HOME -ARP Allocation Plan; 2. Approve the Second Substantial Amendment to the FY 2021- 2022 Annual Action Plan to include the HOME -ARP Program; Authorize the City Manager, or his designee, to take all actions necessary or desirable to implement the HOME -ARP program; and 4. Determine that this item is exempt under the California Environmental Quality Act. Management Analyst Cabeza provided an overview of the presentation: On April 27, 2021, the City Council approved the FY 2021-2022 Action Plan. On March 11, 2021, President Biden signed the American Rescue Plan (ARP) into law. The City has been awarded $1,222,084 to be used on specific eligible activities such as: the production or preservation of affordable housing, tenant -based rental assistance, and supportive services for individuals experiencing homelessness or at -risk of homelessness. To receive HOME -ARP funds, the City must comply with the following requirements of the Consolidated Plan final rule regarding pre -submission requirements: fulfill citizen participation requirements by conducting a public hearing to receive citizen input regarding proposed activities and funding; publish a draft HOME -ARP Allocation Plan for a 15 -day comment period in order to receive citizen input regarding the final document; and conduct a public hearing adopting the final HOME Investment Partnerships Program American Rescue Plan. Ms. Cabeza asserted that community outreach included a stakeholder virtual meeting held on January 9, 2023 and January 10, 2023, a resident virtual meeting on January 12`h, outreach to local agencies, and a 15 -day public review (February 12`" -27th). The Community Needs Survey was conducted from January 9, 2023, through February 10, 2023, a total of 39 responses were received; shared the result for the top three important needs: mental health services such as crisis interventions, counseling for individual, family or group therapy sessions; employment assistance and job training; and childcare. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 10 of 29 Mayor Pro Tem Ly asked if the 15% for administration services is the maximum allowable. Management Analyst Cabeza replied yes 15% is the maximum allowable. Mayor Pro Tem Ly inquired if we contracted or brought in our own social worker for example, would that be part of the 15% or is that part of the supportive services we can apply for? City Manager Kim responded that it would be part of the support services for $1 million dollars. Mayor Pro Tem Ly stated I understand we surveyed various organizations on this and that allocation is based off those conversations. Asked, are we required to address all these programs or are we allowed to spend all of it to focus on a specific program we select such as affordable housing and rental assistance. Management Analyst Cabeza indicated that the funding does not have to address all four of those programs, as long as it addresses one of the four qualifications. Asserted that the funding can be allocated 100% to one program solely if desired. Mayor Pro Tem Ly questioned what is the strategy that the city had in terms of the allocation — did we look at the efficacy when determining the use of the $1+ million dollars would be best spent on these specific programs. City Manager Kim responded that the city has a pool of different funds and the HOME -ARP is one of them, which is a one-time allocation to the city. Annually the city receives HOME and HUD funding that is very specific as to what it can be used for; noted we have until September 2030 to spend the funds. Staff will be bringing at the next meeting affordable housing and what resources and funding is there. Reiterated that Mayor Pro Tem Ly indicated at the last meeting that there is a need for homeless services, and based off the results of the workshop, this would be a good source of money to address the issue. Mayor Pro Tem Ly asked how are we specifically spending this money — are we contracting with an organization, a non-profit, or are we doing this in-house? Assistant City Manager Bruckner replied the city is currently a participant in the supplemental homelessness services program with the San Gabriel Valley Council of Governments (COG) which is funded by a Measure H Grant. Through that grant, the COG has contracted with the Los Angeles Centers for Alcohol & Drug Abuse (L.A. CADA) to provide services in Rosemead where they come a couple of hours a week to meet with individuals experiencing homelessness and try to connect them to housing, medical services, substance abuse treatment, etc. L.A. CADA is the only program in LA County that we are aware of is actually putting boots on the ground to do proactive outreach to engage with homeless where they are as opposed to LAHSA or the Union Station's model which requires people to go to them. One of Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 11 of 29 the items we are considering is contracting an agency like L.A. CADA, if there are others we will try to identify them, to have them assign staff to do case management and mental health treatment work. Noted L.A. CADA is operating out of the City of Alhambra, their continuum of care exists throughout most of the Southern California region, but primarily in LA County. Mayor Pro Tem Ly asked if he was understanding this correctly — L.A. CADA is contracted through the COG, so we are allocating this money to the COG, which is then funding L.A. CADA? Assistant City Manager Bruckner clarified that the COG was simply an introduction to L.A. CADA and we would issue an RFP requesting services to contract directly with the provider. Mayor Pro Tem Ly inquired if the COG still operates a standing Homelessness Committee. Council Member Clark affirmed the COG does and I have been serving on the Committee for years; noting that she is currently the Vice -Chair. Mayor Pro Tem Ly ascertained so the $1 million+ is going to L.A. CADA or an agency similar to providing homelessness services. Assistant City Manager Bruckner responded that this is staff's recommendation as it would be the best value for these funds. Mayor Pro Tem Ly stated pending Council's concurrence, can we ensure there is allocated staff time at a city facility incorporated in the RFP, specifically I want to make sure we are addressing homelessness amongst Rosemead. I do not want there to be another barrier for the homeless community to find means to travel to their Alhambra office to get help. Assistant City Manager Bruckner asserted that is actually part of their service model for standalone contracts that they have with other cities; explained they require the use of a city facility to do that type of case management work. Highlighted that we would get up to three full-time staff dedicated to Rosemead for proactive homeless outreach. City Manager Kim asked how many years we anticipate having these services available. Assistant City Manager Bruckner answered based off of what other cities have contracted for, the funding would be available for about four and a half to five years. Council Member Clark expressed she is very much in favor of this program because it is the best way for us to address their need and helping them to get out of homelessness. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 12 of29 Council Member Armenta thanked City Manager Kim for thoroughly explaining this program in their bi-weekly meeting; emphasizing that we are not only going to have dedicated staff for Rosemead, but dedicated staff physically in Rosemead. We have more control with this as we are able to fit the contract to our needs, then re-evaluate if for some reason a year from now, we can finetune the contract and provide further direction to adjust the services. There being no speakers, Mayor Dang opened and closed the Public Comment period. Mayor Dang pointed out that if Council approves staffs recommendation tonight that does not mean that we have selected L.A. CADA already; explained we simply discussed L.A. CADA as an example of the homeless services they provide. Asked when the vendor is selected in the future, will it be brought back to Council. City Manager Kim affirmed we would bring it back to Council for your support due to the amount of the contract. Council Member Armenta suggested asking the homeless subcommittee for their input on this program. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Clark to take the following actions: Approve the Second Substantial Amendment to the FY 2021- 2022 Annual Action Plan to include the HOME -ARP Program; 2. Authorize the City Manager, or his designee, to take all actions necessary or desirable to implement the HOME -ARP program; and 3. Determine that this item is exempt under the California Environmental Quality Act. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Low to approve Consent Calendar Items A, B, and C. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None A. Claims and Demands Resolution No. 2023-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $851,882.13 CHECKS NUMBERED 113344 THROUGH NUMBER 113440, DRAFTS NUMBERED 6221 THROUGH NUMBER 6242, NUMBERED 6257 Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 13 of29 THROUGH NUMBER 6268, AND EFT NUMBERED 51506 THROUGH NUMBER 51522 INCLUSIVELY Recommendation: Adopt Resolution No. 2023-16. B. Minutes Recommendation: That the City Council approve the special meeting minutes of March 9, 2021, regular and special meeting minutes of August 9, 2022, and regular meeting minutes of February 14, 2023. C. Professional Services Agreement for Updates to the Zoning Code On August 1, 2022, the State Department of Housing and Community Development (HCD) approved and determined that the City of Rosemead's adopted 61h Cycle Housing Element (Planning Cycle 2021-2029) was in full compliance with State Housing Element law. As a result, the City is initiating updates to the Zoning Code (project) and will implement the rezoning program to accommodate additional housing capacity, comply with State laws, and to carry out the programs and objectives detailed in the Housing Plan of the Housing Element. Simultaneously, the project also includes updates to address outdated chapters/sections of the Zoning Code related to zoning definitions, existing zoning districts, uses, and development standards within each, variable height, sign code, off-street parking requirements, and adding the existing Residential/Commercial Mixed -Use Overlay to additional commercial and industrial zones in the City. The Community Development Department issued a Request for Proposal seeking proposals from qualified land use planners, urban designers, and environmental professionals to provide consulting services for this project and received five proposals. Recommendation: That the City Council authorize the City Manager to execute a Professional Services Agreement (including extensions) with Psomas to assist with the updates to the Zoning Code in an amount not -to -exceed $232,374. 7. MATTERS FROM MAYOR & CITY COUNCIL A. Discussion Regarding the City's Legislative Advocacy and Governmental Affairs Contracts with Joe A. Gonsalves & Sons and David Turch & Associates At the January 10, 2023 City Council Meeting, Mayor Pro Tem Ly requested that an item be brought forward at a future meeting to discuss the City's contracts with its State lobbyist, Joe A. Gonsalves & Sons, and federal lobbyist, David Turch & Associates. Recommendation: That the City Council discuss and provide further direction to City staff. Mayor Pro Tem Ly stated he understands the great work that both Gonsalves & Sons and David Turch & Associates have done for the City of Rosemead. I want to look at Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 14 of 29 what they have done for us lately because at the end of the day the allocation of funds no matter how big or small, we want to make sure we are getting the best bang for our buck. Personally, I know that Council Member Clark can talk about stories of Gonsalves & Sons, but again I haven't seen it recently. Whereas David Turch & Associates, I can say because of their efforts working with us and the Department of Interior, we are able to unknot a grant that seemed to have been stuck between the state and the feds. So I can attest that I do talk to them regularly as they reach out to say hey what about this idea or that idea, but I haven't really seen it with Gonsalves & Sons. Noted when we are in Sacramento getting these meetings, I find the performance of securing meetings to be subpar. With praise to Senator Rubio, I get a better service from the Senator's Office when it comes to understanding what is going on in the legislative field than I do from my own lobbyist who gets paid $2,500 a month. Explained, that is why I want to bring this up and maybe it is time to go out to bid and look at different options. Council Member Low opined I could see why we needed lobbyist services in the past, however nowadays because of the internet we can get a lot of that information ourselves and very quickly. Also, there are organizations such as League of California Cities who provide a lot of legislative information for municipalities. Questions whether we should even spend that kind of money on these services when we could spend it to subsidize things for the seniors. Reiterated Mayor Pro Tem Ly's question of what kind of services are we getting from this contract? If it's not worth it, then we shouldn't continue spending that money on it. Council Member Armenia shared in speaking with other contracted cities they pay much more for their lobbyist than Rosemead does since we are grandfathered in with Gonsalves & Sons. Stated it doesn't matter who we contract with, regardless of if we are grandfathered in, we must evaluate if there is a need that will better the city. Every time we've spoken to Gonsalves & Sons about our concerns, they would change a little bit; provided the example Mayor Pro Tem Ly brought up that we never knew what bills were going to Sacramento, then Gonsalves & Sons started sending a list. Have we reached out and expressed to them that we are not content or seeing a benefit to our city. Council Member Clark agreed with Council Member Armenta that we should give Gonsalves & Sons a grace period as currently it is a little bit of apples and oranges because we are coming out of COVID. Pointed out we would get appointments through them with legislators when we were able to go up to Sacramento, and I have seen them do excellent jobs on bills that we have been concerned about. Suggested postponing changing lobbyists as we are adjusting being back to normal after the pandemic. You have to look at what if they weren't there opposing these things could it be far worse. I know that when Gonsalves & Sons walks into the room, the legislators know that cities care and that's what they represent. As far as the League of California Cities goes, they bring value in networking, conferences, programs, and what other cities are doing, but frankly as lobbyists, they have not been at the forefront of some of the housing bills that will take away our local control. Shared that I've seen Gonsalves & Sons in action; recalled when we were forming the Water Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 15 of 29 Quality Authority Board, I went up there scared because it was one of my first times lobbying and Anthony Gonsalves told me, "You don't have to speak Maggie because we have the votes". Indicated she just spoke to a Council Member from Los Altos that they just hired because they need someone that is really out there. Reiterated this is not the right time to be changing our lobbyist and urged her colleagues to postpone this by giving it a year to determine if there really is a need to change lobbyists. Council Member Armenta referenced an article sent to us from Jorge Morales, our Legislative Analyst at the California Contract Cities Association, which indicates there is a zoning loophole for housing development — some California cities cannot stop apartment projects as developers use "builder's remedy". Builder's remedy can be used if the state has not approved your housing element. To echo Council Member Clark's sentiment — is this the right time to let go of any contracts having to do with state bills; highlighted that there are a lot of loopholes in the trenches of these bills. Council Member Low commented that I'm sure there have been loopholes in legislation throughout the time. The question still is — has Gonsalves & Sons been able to do anything for our city; asked her colleagues if so to provide one example. Council Member Armenta replied I can provide an example — the bill regarding the drivers of street sweeper vehicles requesting to be paid at an engineer rate about $108 an hour. Gonsalves & Sons were fighting for us in Sacramento because Contract Cities stopped that bill, so it was in concurrence. Mayor Pro Tem Ly apologized for interjecting but wanted to point out that Council Member Armenta is reading an article written by Contract Cities and sharing about an action that Contract Cities did not Gonsalves & Sons. Expressed City of Rosemead has no issue keeping our membership with Contract Cities, especially what I've seen Contract Cities move from in the last ten years is frankly an organization from at best had educational programs in the desert annually to a very much robust organization that lobbies for its cities. Emphasized Council Member Low's and my concern is more so what role or how much of a role did Gonsalves & Sons play in that. Council Member Armenta responded my understanding is that we did not pay them anything because they represent many of the cities involved with Contract Cities. Asserted that it was a group effort; proudly pointed out that no one could recall when a bill went in concurrence and stopped at the assembly. Stated I wanted to bring awareness to the articles because even though there have always been loopholes, never have they targeted local control as much is it is now. Council Member Clark affirmed that it was Gonsalves & Sons up there lobbying for us all the time and their efforts helped kill that street sweepers bill that Council Member Armenta referred to. Indicated she just heard about the builder's remedy a few days ago, noting it is very disturbing, so we need to be involved and have a lobbyist up there fighting for us. Mayor Dang echoed some of the sentiments from Mayor Pro Tem Ly, stating I see a Council Weekly Report with snippets of bills but noticed Gonsalves is giving us a summary of a bill that has already passed; expressed I want them to be more proactive Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 16 of 29 so we know about the bills as they are coming up not after it has already passed. It is like Council Member Low said I can go to the website and give myself a summary; I think as a consultant and lobbyist, their job should be much more active in alerting us of items coming to see if Council wants to take action such as drafting a letter of support or opposition. Council Member Armenta suggested before we take any action regarding their contract that staff meets with Gonsalves to let them know what we are looking for and if they are able to step up to meet these expectations. Assistant City Manager Bruckner commented our lobbyists are only as good as the requests we ask of them, so if the requests are not forthcoming, they do not know the direction or order to engage in Sacramento with their resources. Mayor Pro Tem Ly asked if Gonsalves & Sons received a copy of our Legislative Platform. Assistant City Manager Bruckner responded yes, they were provided with our Legislative Platform. Mayor Pro Tem Ly ascertained so they are aware of the positions of the City of Rosemead. Assistant City Manager Bruckner affirmed that is correct. Noted when I came on board in July of last year, we were already halfway through with the legislative cycle; asserted moving forward, the Management Analyst in the City Manager's Office and I are meeting with Gonsalves bi-monthly now that the new legislative session has kicked off so we can stay abreast of trends and items as they arise. Mayor Pro Tem Ly asked who initiated the conversation for bi-monthly meetings. Mr. Bruckner answered I did. Stated he also brought to their attention several of the concerns that Council has echoed about us being caught off guard about bills such as SB 1383 from the last legislative cycle which was a gut and amend at the last minute. Reiterated the issue areas that were of concern in the Legislative Platform; noting Council has placed more value on particularly when it comes to housing, homelessness, and public safety. Asserted that when he spoke to Jason Gonsalves last week about the Rosemead Boulevard Relinquishment and potentially funding for things of that nature, so Jason shared some insight on that matter. The conversations are evolving so if there are additional projects or funding requests that Council is interested in then we can convey that to them. Mayor Pro Tem Ly commented I'm glad Mr. Bruckner mentioned that it would be helpful if we made requests to Gonsalves. Shared about his most recent experience as they went up to Sacramento to lobby on a variety of issues including the 710; stated Gonsalves was gracious to set up a meeting with the Office of Legislator Rubio, but the problem is the meeting should have been with Senator Susan Rubio and not Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 17 of 29 Assembly Member Blanca Rubio who does not represent the City of Rosemead. Emphasized, that's where my concern is and challenge comes from because if you're going to tell me that we care for the City of Rosemead and value its contract, then as my lobbyist, you should know who my representatives are. Pointed out in the past before I left for military deployment and before COVID, I was really engaged on the advocacy side and pushed my Council colleagues to regularly go to Sacramento or DC to activate our lobbyists. The first conversation to have is do we need these lobbying services. Expressed, he disagrees with Council Member Low's idea to just proceed with the League of California Cities or California Contract Cities Association; stated both agencies do a great job in representing about 80% to 85% of what we want but there is that 15% to 20% in which we do not align with those agencies. I agree with Council Members Armenta and Clark that we need to have representation in Sacramento; however, my issue is if I call you to schedule a meeting with a legislator, I want to make sure it is with the correct office. In the past 15 years, we have not been hearing from Gonsalves about important bills — for example Council Member Armenta shared about a bill that Contract Cities was concerned about, so thank you to them for bringing it to our attention, but why are we not hearing about this bill from Gonsalves. So, the second conversation is do we remain with Gonsalves & Sons. Personally, I think we need to put Gonsalves in the fire of an RFP, and maybe they will still win the bid, but at least we'll be able to weigh our options. Council Member Clark asked staff to conduct a survey of surrounding cities to identify the firm used for their legislative advocacy program and contract costs before we decide to either continue the service of Gonsalves or go out to bid. Suggested staff meet with Gonsalves to allow them an opportunity to address our concerns rather than just going straight to bid. Mayor Dang expressed confusion as it was his understanding that we do not keep contracts for long periods of time; asked if the Gonsalves contract is indefinite since it seems like its been here for 20 years. Mayor Pro Tem Ly responded that the contract is not indefinite and can be terminated at any time by written notice at least seven days before the effective date of termination. Council Member Armenta stated we could assume the reason we do not go to RFP is because no one is going to bid for such a low price. If we go to an RFP, then it is also putting us in a position where Gonsalves will charge us even more. Reiterated you get what you pay for, so Council has to decide whether we are able to pay more if we are not satisfied. Asked Mr. Bruckner his honest opinion after coming on board and having communications with Gonsalves & Sons if he has seen a difference. Assistant City Manager Bruckner responded I came in at the middle of the last legislative session, there wasn't a ton that had been done on the advocacy front on behalf of the city, so we were building relationships and trying to understand where the city was in terms of its legislative platform. We sent some information out regarding some bills that we were monitoring, and taken position on bills, but when the legislative session ended, we did not hear a lot from Gonsalves & Sons. All the Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 18 of 29 outreach we have done was from the city to them that we want to talk to progress forward with the city's legislative platform. We've had those conversations with them about keeping us aware and being more proactive with upcoming bills, and they are going to try their best to address them. Opined whether it is Gonsalves or any other firm, I don't think that we would be treated any differently. Shared his experience with other lobbyists is they all send out the summaries, provide the bill reports and address issues when we have them, but it is more driven from the staff's end based off policy direction from the Council. Council Member Armenta thanked Mr. Bruckner for his honest answer because he is the one who has experience of working with different lobbyists. Mayor Pro Tem Ly asked the Director of Parks and Recreation what is the total value of the grant that we received from DC for the Dog Park. Director of Parks and Recreation Boecking responded roughly $280,000. Mayor Pro Tem Ly indicated the reason I asked that question is because those funds were attained through the efforts of David Turch working with us and meeting with the Department of Interior. What I like about Turch is in addition to helping us with that, they did their due diligence to meet with executive staff, which I don't think we've ever got from Gonsalves. Recalled during the 710 battles we were able to get a meeting with Caltrans but that was not our doing, it was Alhambra's lobbyist which was not Gonsalves. When we were trying to battle the 710, it was the Alhambra's lobbyist that gave a strategy telling other cities to hold the vote; attested that he did not really see Gonsalves during that whole fight. Mr. Ly agreed with Mr. Bruckner that we are only as effective with our lobbyist as much as we engage with them. Noted David Turch reached out to let me know the new legislation cycle is about to begin, what are you guys looking for in terms of "Article 1 funding" (what we refer to as earmarks back in the day) so we can start working on getting those funds for you; commented now whether or not they win those funds, I still appreciate the fact that they are making that effort. Emphasized by the time we need to activate something, it is best if we have a plan in place, which is something Gonsalves has not done for us. Expressed after 15 years of personally trying to work with Gonsalves, I am tired and don't want to spend any more time on it. We have three options: 1) keep what we are getting now for lack of service for a very cheap price; 2) go out and see what the market offers and assume risk that we might pay more but get better service; or 3) completely eliminate all services and accept that we will only get 80% of the advocacy that we want from Contract Cities. Asserted he would rather us take the risk to find better services. Council Member Armenta stated she reached out to David Turch regarding Savannah Cemetery because they were not able to get much sponsorship since they are not considered a 501(c)(3) nonprofit organization. Savannah Cemetery is considered a 501(c)(13), which specifically covers nonprofit cemeteries. Asked Mr. Turch to look into if there is anything the federal government can do to change the status of a nonprofit cemetery; indicated she has not heard back regarding the request but takes Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 19 of 29 full responsibility because she did not follow up directly or ask staff to do so. It goes back to not just advocating for something but Council and staff needing to follow up. Mayor Dang stated he sees Mr. Bruckner taking notes on Council Member Armenta's request. Council Member Clark referred to Mayor Pro Tem Ly's comments about the 710 battle, stating she agrees the Alhambra lobbyist had some good strategies, but frankly we still lost the battle. Mayor Pro Tem Ly responded I would rather have lost the long battle than to not have fought at all. Provided the example of public safety, yes, our hands are tied by the state and District Attorney's Office, but we are making effort through the established Public Safety Commission and actively engaging with the Sheriff s Department, etc., to show the residents that this Council cares and has not given up despite the challenges faced. Emphasized, that's what we need from our lobbyist to proactively care and take action. Council Member Clark made a motion for staff to conduct a survey of surrounding San Gabriel Valley cities to identify the firm used for their legislative advocacy program and contract costs before we decide to either continue the service of Gonsalves or go out to bid. Council Member Armenta stated she seconds Council Member Clark's motion. Council Member Low commented she is curious to see before making a decision what rate other cities are paying for the lobbying services, but at the same time with the amount we are paying now, the reality is we won't get a lot of services anyway. Opined we have already waited 15 years, so why not just wait another month so staff can obtain and report back with the requested information. Mayor Pro Tem Ly responded it is not the waiting a month part that frustrates me, in fact I would be okay with Council Member Clark's motion if she had not added on the second part for staff to meet with Gonsalves to allow them 6 months to a year to address our concerns. Council Member Armenia stated she completely understands the frustration because it has been 15 years, but in all fairness, this is the first time it has come before Council on an agenda; reminded her colleagues that any time a Council Member has asked for data to come back, we have always honored that request. I think it behooves us to at least get the information so we can make a sound decision. Mayor Dang said my thought is whenever we ask staff to do these surveys, you are asking these cities how much they pay for their services, but that is not necessarily apples to apples comparison because each city has their own different needs. For example, if you're pitching against San Dimas, they have a reservoir and a big regional park, or Pomona has a Fairplex, but we don't have that. We are different cities, so it is not like the other cities are going to provide an itemized list of things Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 20 of 29 the company has done the past xyz amount of years, so we cannot expect our staff to analyze that data. Council Member Armenta opined asking for the survey is a good comparison because we are only asking each city for the cost of lobbying services, not their population or how much funding for projects the cities are receiving. Mayor Pro Tem Ly asked the City Manager if we do go out to an RFP, would the specifications come to Council for a vote before it is released or will it just be sent straight out by staff? City Manager Kim responded staff will prepare it and release it at the same time. Mayor Pro Tem Ly stated I assume staff would have no objection if you prepared an RFP then brought it to Council to authorize the release. City Manager Kim answered staff would not object. Mayor Pro Tem Ly proposed a friendly amended motion to instruct staff to prepare an RFP and conduct a survey of surrounding cities to identify the firm used for their legislative advocacy program and contract costs. So, when staff brings it back to Council, we can decide then whether we want to continue the services of Gonsalves, release the RFP, or provide different direction. Council Member Clark commented she is okay with Mayor Pro Tem Ly's motion. City Manager Kim pointed out that while the Gonsalves & Sons contract is a flat $2,500 a month, other cities' contracts may have a contract authority, meaning every month may not be the same because they could be billing hourly. Asked Council for some parameters as to what cities they would like staff to survey. Mayor Pro Tem Ly responded typically our parameters include neighboring cities of Rosemead and contract cities that are more or less the population of Rosemead. Council Member Armenta stated we need to survey cities that are comparable to Rosemead to have some kind of gauge. Council Member Clark said she wants more than just the surrounding cities surveyed; asked for cities that have a population of 50,000 — 75,000 within Southern California. Mayor Dang interjected, stating that it is way too many cities and will create a heavy burden on staff's time. Mayor Pro Tem Ly suggested narrowing it down from Southern California to the Los Angeles County. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 21 of 29 Council Member Low further narrowed it down by surveying 10 cities in comparison, specifically five in the surrounding cities and five other cities within the Los Angeles County that have similar population to Rosemead. Council Member Clark asked if there is a way to google all the cities that Gonsalves & Sons represent to get comparable sizes; explained she wants to see what other cities represented by Gonsalves are paying and what services they are being provided. Mayor Pro Tem Ly responded no; stated Council Member Clark is welcome to reach out to Gonsalves & Sons directly to obtain the list she is seeking, and I am sure they would be happy to provide that to her. Council Member Armenta emphasized I want to ensure that staff are not just surveying cities that are only represented by Gonsalves because that would not be a fair and equal playing field. Council Member Low commented we want this to be a reasonable ask and need to consider staff s time. Mayor Pro Tem Ly asked how much time staff needs to research and prepare to bring back a draft RFP. Assistant City Manager Bruckner responded if we only bring back the scope of work, then we can have that within a month, otherwise if the full draft RFP is needed, we ask for two months. Mayor Pro Tem Ly clarified that Council would like to see at least the draft scope of work, but the presentation is not limited to that — if staff is able to present the full draft RFP that is great as well. ACTION: Moved by Council Member Clark and seconded by Council Member Armenta to provide staff up to two months to prepare and research ten cities of the surrounding San Gabriel Valley as well as using comparable cities with Rosemead's demographics in Los Angeles County to identify their lobbyist and contract costs. This will be presented with a draft scope of work that would be pushed into an RFP for lobbying services. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None B. Discussion Regarding Increasing the Number of Members on the Public Safety Commission from Five to Seven At the February 14, 2023, City Council Meeting, Mayor Pro Tem Ly requested that an item be brought forward at a future meeting to discuss increasing the number of members on the Public Safety Commission ("the Commission) from five to seven. Currently, the Commission is comprised of three residents and two members of the business community. The request, subject to further discussion, is to add one more member of the business community and one more resident to the Commission. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 22 of 29 Recommendation: That the City Council discuss and provide further direction to City staff. Mayor Pro Tem Ly asserted the more people we engage in amplifies the voices heard in the community. Council Member Low clarified so you are requesting an additional position for a resident and a member of the business community. Mayor Pro Tem Ly affirmed that is correct. Council Member Armenta shared that a business owner she spoke with stated they are excited that business owners also have the opportunity to serve on the Public Safety Commission. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Armenta to direct staff to draft an ordinance to expand the Public Safety Commission from five members to up to seven members with four seats allocated for residents and three seats allocated for members of the business community. The motion passed by the following vote AYES: Armenta, Clark, Dang, Low and Ly NOES: None C. Creation of a Homelessness Subcommittee and Appointments At the February 14, 2023, City Council Meeting, the City Council directed staff to bring back an agenda item to form a Homelessness Subcommittee consisting of two City Council Members, a member of the Public Safety Commission, Planning Commission, and a member of the Rosemead community. Staff contacted members from the Public Safety Commission and Planning Commission. Public Safety Commissioners Fonseca and Garcia expressed interest in joining the Homelessness Subcommittee. Planning Commissioners Ung, Escobar, Berry, and Tang also expressed interest in participating. Additionally, at the February 14, 2023, City Council Meeting, the City Council discussed appointing Teresa Eilers, Rosemead resident, who has experience in homelessness issues and had previously expressed interest in joining the City's Planning Commission. Staff contacted Ms. Eilers and she stated that she is interested in serving on the Homelessness Subcommittee. Recommendation: It is recommended that the City Council take the following actions: 1. Create a Homelessness Subcommittee; and 2. Appoint two City Council Members, a member of the Public Safety Commission, a member of the Planning Commission, and a member of the Rosemead community. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 23 of 29 Mayor Pro Tem Ly stated this is an important issue, which is why I brought up the need to have a subcommittee. Expressed support for Council Member Armenta's recommendation to add Ms. Eilers to the Subcommittee. Indicated he would like to serve on this Subcommittee as well. Mayor Dang thanked Mayor Pro Tem Ly for his tireless efforts and for taking leadership and ownership of these agenda items upon returning from military leave. He expressed his agreement that the formation of subcommittees is necessary to help move the city forward. He stated that Mayor Pro Tem Ly is well suited to lead the Homelessness Subcommittee, noting that the issues involved extend beyond public safety and include significant zoning considerations that will require close coordination with staff. Mayor Dang would like to throw his name into consideration as he believes his knowledge of building codes would be beneficial to the Subcommittee's work. Council Member Clark reminded Council that she threw her name in the hat for consideration at the last Council meeting since she serves as the Vice -Chair on the COG's Homelessness Committee and is very passionate about this issue. Mayor Pro Tem Ly clarified that, in the interest of fairness, he raised this matter with the Mayor before any discussion in which Council Member Clark expressed interest in serving on the subcommittee. He stated that he asked Mayor Dang whether he would be willing to serve if a subcommittee were formed, noting the importance of having someone with strong zoning expertise. In his opinion, Mayor Dang possesses the most comprehensive understanding of zoning on the Council. He further stated that Council Member Clark's position on homelessness is well represented, as it generally reflects the Council's overall stance. He suggested that her efforts may be most effectively directed in her role as Vice -Chair of the COG Homelessness Committee while representing the City of Rosemead. Mayor Pro Tem Ly also emphasized that the proposed subcommittee would focus on determining the most effective allocation of the $1 million, ensuring that any zoning considerations related to homelessness align with the community's framework and values. He noted that all recommendations made by the subcommittee would return to the full Council for final review and approval. Council Member Clark stated that Mayor Pro Tem Ly's original proposal included two subcommittees—one focused on affordable housing and the other on homelessness. She expressed her view that, given Mayor Dang's zoning expertise, he would be better suited to serve on the Affordable Housing Subcommittee rather than the Homelessness Subcommittee. She further noted that her experience on the COG Homelessness Committee, along with her commitment to addressing not only shelter needs but also the root causes of homelessness—such as substance abuse and mental illness—positions her to contribute meaningfully to those efforts. She emphasized that without addressing these underlying issues, the problem will not be fully resolved. Council Member Armenta commented I appreciate Mayor Pro Tem Ly's initiative to address important issues but questioned the need to create another committee. Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 24 q(29 Asserted that we don't have enough staff to be able to keep creating subcommittees; emphasized we need to be mindful of staffs time too because they have their regular workload on top of any committees we add to their plate. Mayor Pro Tem Ly clarified that, rather than forming a subcommittee on affordable housing at this time, he recommended that staff first return to the Council with an overview of the City's available options. He reiterated that City Manager Kim had previously indicated his intent to bring this item back for Council consideration in the near future. If the Council is not satisfied at that time, he noted that further steps, including the formation of a subcommittee, can be discussed. He also stated that he respectfully disagrees with Council Member Clark's view that focusing primarily on social services is the most effective approach to addressing homelessness, expressing his belief that the provision of housing is essential to resolving the issue. Council Member Clark reiterated getting a transient off the street and into a shelter is only a temporary fix and is not going to solve the real problem. Mayor Pro Tem Ly echoed that the Council supports Council Member Clark's position, which is why it has full confidence in her representation on the COG Committee. He emphasized that there is no need for concern regarding the subcommittee's direction and assured her that its work will remain aligned with the shared goal of ensuring appropriate services are provided and that the recidivism rate is reduced well below 80%. He reiterated the importance of including a member with strong zoning expertise on the subcommittee to help identify the safest and most suitable locations for potential homeless shelters within the community. He cautioned that if the City does not proactively address these issues, the State may ultimately impose solutions. He expressed a preference for a proactive, thoughtful approach and welcomed Council Member Clark's input on social service implementation when the matter returns to the full Council for discussion. Council Member Armenta pointed out that at the end of the day, whatever discussion is had and recommendation the subcommittee suggests will be shared and come back to the Council to discuss, provide direction or approve before any action can even move forward. Council Member Clark asked if we are selecting the remaining subcommittee members tonight; expressed I would like to at least interview the candidates to see what their philosophies are; opined the subject is to do with homelessness, which is very different than beautification, etc. Mayor Pro Tem Ly replied that all the candidates are members of the community that we previously interviewed and appointed to serve on a commission. Emphasized we want to encourage their involvement, so I don't want us to delay this selection to conduct interviews when we have already established that they want to be involved. He stated that if Council Member Clark is dissatisfied with the subcommittee's recommendations, she may present her proposed amendments when the item returns to the full Council for final consideration. He expressed confidence that the Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 25 of 29 subcommittee's work will align with the goal of reducing recidivism to below 80%. Mr. Ly noted that the Council has identified himself and Mayor Dang to serve on the subcommittee, along with Ms. Eilers as the community representative. The remaining appointments include one Planning Commissioner and one Public Safety Commissioner. He further noted that Planning Commissioners Berry, Escobar, Tang, and Ung, as well as Public Safety Commissioners Fonseca and Garcia, have expressed interest in serving on the Homelessness Subcommittee. Council Member Armenta responded she would like to suggest for the Planning Commission Ms. Escobar as she works in the Planning field for the City of Baldwin Park, so her background would align with Mayor Ly's ask for members to be familiar with zoning. Mayor Dang clarified that Ms. Escobar is a Traffic Engineer from the City of Huntington Park. Mayor Pro Tem Ly suggested Ms. Ung, who is an architect, however if we want a Planning Commissioner with a longer term who understands how the Council feels about these issues, then I would recommend Mr. Berry who is a good man or Mr. Tang that is obviously a former Council Member. Mayor Dang stated that Ms. Ung is a design architect. Indicated support for Mr. Tang as he thinks strategically and outside the box, in addition to feeling comfortable having worked with him at the Council level and when I used to serve on the Planning Commission. Council Member Armenta acknowledged that majority selected Planning Commissioner Tang. Mayor Pro Tem Ly said he is not as familiar with the two interested Public Safety Commissioners. Council Member Armenia shared about the Public Safety Commissioners' background — Mrs. Garcia is a community liaison at Garvey School District, and Mrs. Fonseca is a social worker. Mayor Pro Tem Ly ascertained both would be very good. Council Member Clark expressed support for Mrs. Garcia because she made the effort to be here for tonight's joint meeting. Council Member Armenta acknowledged that majority selected Public Safety Commissioner Garcia. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Low to take the following action: 1. Create a Homelessness Subcommittee; and Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 26 of 29 2. Appoint Mayor Sean Dang and Mayor Pro Tem Steven Ly as the two City Council Members, Public Safety Commissioner Stephanie Garcia, Planning Commissioner John Tang, and Teresa Eilers, Rosemead resident, as a member of the Rosemead community. The motion passed by the following vote AYES: Armenta, Clark, Dang, Low and Ly NOES: None D. Adoption of Administrative Policy 50-10 Outlining the Process for Appointing a City Chief of Police At the February 14, 2023, City Council Meeting, the City Council directed staff to bring back an administrative policy that outlines the process and appoints an interview panel for the selection of a Chief of Police. Recommendation: That the City Council take the following actions: 1. Adopt Administrative Policy 50-10 — Rosemead Chief of Police Appointment; and 2. Appoint the Mayor, Mayor Pro Tem, City Manager, and Chair of the Public Safety Commission to the interview panel. Mayor Pro Tem Ly thanked staff for drafting this report. Referenced section B that states "The selection of the Chief of Police shall be as follows: a. The Captain of the Los Angeles County Sheriffs Department Temple Station will submit to the City candidate resumes for review and consideration. The Captain shall make best efforts to submit three or more candidates for consideration." Stated the only amendment that I would ask for this item is to strike out "shall make best efforts" and instead it read "you will submit three or more candidates for consideration". Asserted we heard this evening that Captain Reyes was more supportive of that and with their concurrence, if my colleagues have no further amendments, I'd like to move to adopt as amended. ACTION: Moved by Mayor Pro Tem Ly and seconded by Council Member Low to take the following actions: 1. Adopt as amended Administrative Policy 50-10 — Rosemead Chief of Police Appointment; and 2. Appoint the Mayor, Mayor Pro Tem, City Manager, and Chair of the Public Safety Commission to the interview panel. The motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, and Ly NOES: None E. Council Comments Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 27 of 29 Mayor Pro Tem Ly inquired about the status of the Founders Park being agendized. Stated I know that was tied in with Southern California Edison (SCE); asked if we are having difficulties getting hold of SCE. Director of Parks and Recreation Boecking responded we are not having difficulties getting hold of SCE, just arranging schedules. Indicated we were able to schedule the item for April. Mayor Pro Tem Ly thanked Mr. Boecking for the update. Council Member Armenia announced that services for Ms. Margaret Holt, a prominent and dedicated member of the community, will be held on Saturday, March 18, at 2:30 p.m. at Whittier Narrows, 1601 Rosemead Boulevard. She noted that Ms. Holt was deeply committed to giving back, regularly donating food, clothing, and other items to individuals experiencing homelessness who attended services at Whittier Narrows. Council Member Armenta also shared that a resident raised concerns about the cleanliness of the restrooms at Rosemead Park. She informed the resident that renovations are planned and requested that staff ensure the facilities are properly maintained and cleaned while they remain open. Director of Public Works Chung responded currently, they're closed for construction but there are temporary restrooms available. Council Member Armenta said she appreciates the confirmation. Mayor Dang mentioned he saw the fire at Garvey Park due to the homeless encampment; asked if there is a nighttime curfew at these parks. If so, are there signs posted? Inquired if Garvey Park is known to have transients there at night. City Manager Kim responded the park closes at 10 p.m. and confirmed there are signs posted. Asserted that park historically has transient activity, not all the time, but staff make best efforts to move them along, but they do come through the park. Mayor Dang inquired if there is anything in the Municipal Code to prevent people from staying overnight at the park. City Attorney Richman stated that staff have consulted with the Sheriff's Department regarding measures to discourage individuals from remaining at the location, while recognizing that certain rights related to camping apply. She emphasized that the City is reviewing its municipal code to determine appropriate enforcement options. She noted that the Sheriffs Department and Code Enforcement are evaluating the issuance of citations for remaining in the park past curfew and are monitoring behaviors and other activities occurring on-site. Citing Martin v. City of Boise, she underscored that the ruling addresses involuntary homelessness and limits enforcement when no shelter alternatives, such as vouchers, are available. Accordingly, the city must proceed cautiously with respect to camping or sleeping activities, while exploring enforcement related to other unlawful conduct. Mayor Dang asked for clarification, so they shouldn't be at the park beyond curfew at 10 p.m., but we can't stop them from camping there, correct? Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 28 of 29 City Attorney Richman reiterated that case law addresses involuntary homelessness and protects the ability to camp or sleep when no shelter beds are available; therefore, the City cannot criminalize that conduct. She noted that if beds are not provided, enforcement may instead focus on other citable activities, and staff are evaluating whether parks can be more closely regulated. Without going into detail, she added that staff discussed these issues this week in response to the recent fire and are currently reviewing the City's codes to assess available options. Mayor Dang asked if we could agendize this item for further discussion. Council Member Armenta suggested agendizing this for the newly established Homelessness Subcommittee to weigh in on. Mayor Dang thanked Council Member Armenta and agreed to add it to the Subcommittee's agenda. Expressed the fire is devastating, but it's just a shame because the fire robbed the resources of our residents. Emphasized this rebuild is going to take months. It's going to be a new CIP project, which means other CIP projects that were next in line are being bumped to move this one up. City Attorney Richman stated that Council will now head into Closed Session for anticipated litigation and will report when they come back if there's any reportable action. Mayor Dang recessed to Closed Session 8. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 potential case) Mayor Dang reconvened the meeting from Closed Session. City Attorney Richman stated for the record that there was no reportable action taken in Closed Session. 9. ADJOURNMENT Mayor Dang adjourned the meeting at 11:14 p.m. The next City Council meeting will take place on March 14, 2023, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clete- ----- 1, APPROVED: �nlu'Lh Sandra Armenta, Mayor Rosemead City Council Special Joint & Regular Meeting Minutes of February 28, 2023 Page 29 of 29