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CC - Item 4A - Minutes of September 11, 2018MINUTES OF THE CITY COUNCIL SPECIAL AND REGULAR JOINT MEETING SEPTEMBER 11, 2018 The special meeting of the Rosemead City Council was called to order by Mayor Steven Ly at 6:50 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Ly, Mayor Pro Tem Clark, Council Member Law ABSENT: Council Member Armenta STAFF PRESENT: City Manager Molleda, Assistant City Manager Tsujiuchi, City Attorney Richman, Director of Community Development Kim, and City Clerk Hernandez 1. PUBLIC COMMENT Speaker Barbara Williams expressed concern that people are riding their bikes on the sidewalks and not giving the right-of-way to pedestrians; noted she was recently injured by a woman ridingan electric bike who passed by and hit her with the handlebars; implored the Sheriff's Department to be more attentive as this is an ongoing issue. Mayor Ly confirmed state law requires bicyclists to be on the main road and prohibits them from the sidewalk; noted the City may have to update the Municipal Code to include electric bicycles; asked the City Manager to look in to this matter; encouraged Ms. Williams to touch base with Assistant City Manager Tsujiuchi so he can provide her with any updates. 2. WORKSHOP A. Republic Services Presentation on Recycling James Castro, General Manager, Anaheim Recycling Center, presented a PowerPoint entitled "Recycling is Broken. Overcoming Today's Challenges." General Manager Castro provided an overview of the market impact on Rosemead residential including cost of collection, factors driving costs, other domestic and international markets; stated while Republic Services continues to process mixed paper and old newsprint, they are proactively evaluating the need to dispose of excess material that deteriorates beyond the point of commercial value, or poses safety risks. Mr. Castro noted the current residential rate is $18.98; however, Republic Services is seeking a $0.62 recycling impact fee (residential rate would increase to $19.60) to address shortfall due to collection costs no longer covered by commodity revenues. Rosemead City Council Special & Regular Joint Meeting ITEM NO. 4.A Minutes of September 11, 2018 Page I of 9 Elizabeth Martinez Municipal Manager, Republic Services, discussed their new campaigns called "Empty Clean Dry" and "Share What You Know" which promotes the need to keep recycling sustainable by educating customers on what and how to recycle, while avoiding contamination; displayed a video of Republic Services' marketing tools to address public outreach; noted Republic Services will be extending tours of the facility to residents; thanked the City Council for Rosemead's continued partnership. In response to Mayor Pro Tem Clark, Mr. Castro stated Republic Services core business is collection and disposal of trash; however, 'that's not to say they would not partner up in the future, out of necessity, to develop a market in the United States. Mayor Pro Tem Clark indicated support for the $0.62 increase; ,opined Sacramento is at fault as they followed China's restrictions on recyclables by decreasing the types of materials it accepts. In response to Mayor Ly, Ms. Martinez noted she has met with all five of the neighboring cities to discuss the increased rate;, affirmed the increase rate is a one- time ask from Republic Services. Mr. Castro added that he has provided facility tours to several neighboring cities. Mayor Ly requested Republic Services provide a list to the Council consisting of the cities that have adopted the rate increase and those cities that are pending. Council Member Low inquired if there were any adjustments for businesses or only residentials? Ms. Martinez noted there was an organics rate increase of 5% that went into effect in August; as a result, a favorable contract was worked out with the commercial customers. Mayor Ly opened the Public Comment period. Speaker Brian Lewin opined there should be clearer verbiage on the agenda indicating the presentation was not only about the difficulty of recycling, but also the consideration of a rate increase; indicated support for Republic Services' outreach efforts in educating the public. Mayor Ly stated while tonight's presentation was part of a Workshop, this item will be brought back to a future Council meeting with staff s recommendation, and the public will have another opportunity to speak then; inquired if mills cartons can be recycled and if they need to be rinsed out before recycling. There being no further comments, Mayor Ly closed the Public Comment period. Rosemead City Council Special & Regular Joint Meeting Minutes of September 11, 2018 Page 2 o, f 9 The regular meeting of the Rosemead City Council was called to order by Mayor Steven Ly at 7:25 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Clark INVOCATION was led by Mayor Ly STAFF PRESENT: City Manager Molleda, Assistant City Manager Tsujiuchi, City Attorney Richman, Chief of Police Hahnlein, Director of Finance Lieu, Director of Community Development Kim, City Engineer Fajardo, and City Clerk Hernandez 3. PUBLIC COMMENT Mayor Ly opened the Public Comment period. Speaker Brian Lewin indicated he was speaking on behalf of a co-worker who is also a Rosemead resident, expressed appreciation to the Graffiti Abatement crew of the Public Services Division for a quick and great job of removing graffiti from the wall alongside her house. Speaker Margaret Holt thanked Interim Director of Parks and Recreation Yugar for assisting in cleaning the bridge; expressed concern that there is a homeless camp under the bridge with tents and trash piling up; noted she spoke with Parks Superintendent Scott who indicated he would have staff assess the bridge; implored the City to make additional efforts to address the issue of homelessness. Mayor Ly stated the City will continue to work on efforts to clean up those areas, however, asserted that there are state laws limiting the City's purview; explained the Supreme Court's upholding of a ruling that we as a city cannot put a restriction on people as to where they sleep and congregate, if they have nowhere else to go. City Attorney Richman stated per state law, cities cannot criminalize people for being homeless; reiterated the City must be cautious if asking a transient to leave a specific location and bear in mind availability of housing in the area. Mayor Ly encouraged residents to notify the City so that we can address the issue as best as we possibly can. There being no further comments, Mayor Ly closed the Public Comment period. 4. PRESENTATIONS A. Declaring September 2018 as "National Preparedness Month" in the City of Rosemead Rosemead City Council Special & Regular Joint Meeting Minutes of September 11, 2018 Page 3 of 9 Public Safety Supervisor Wong implored everyone to embrace our personal responsibility by taking action now to prepare for an emergency at all possible venues (i.e., your home, work and car); noted the City's next Community Area Watch meeting will be held on September 20th, at the Temple Intermediate School; informed the Council that the City's Local Hazard Mitigation Plan was approved by the California Governor's Office of Emergency Services and once the Federal Emergency Management Agency approves the Plan, it will be presented to the Council for adoption. Ms. Wong noted the Great California Shakeout will be held on October 18th, at 10:18 a.m., encouraged all residents, schools, and businesses to participate as preparedness saves lives and property; thanked the Community Emergency Response Team (CERT) volunteers and HAMM Operator for always helping with planned City events and on standby for unplanned events pertaining to emergency preparedness. Diana Manzano-Garcia, Disaster Management Area Coordinator, for Area D of the San Gabriel Valley, noted she serves as an advocate for the City to ensure Public Safety has the resources and tools needed to succeed in emergency events; thanked Public Safety Supervisor Wong for her efforts in helping the community better prepare for emergencies. Mayor Ly presented a Proclamation to Public Safety Supervisor Wong and CERT members, declaring September 2018 as "National Preparedness Month" in the City of Rosemead. 5. PUBLIC HEARINGS A. Public Hearing on Regulating Vacant Lots and Municipal Code Amendment 18-03 Recommendation: That the City Council take the following actions: 1. Conduct a public hearing and receive public testimony; and 2. Introduce for first reading, by title only, Ordinance No. 982 approving Municipal Code Amendment 18-03. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 17.68 (FENCES, WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING CHAPTER 8.48 (VACANT LOTS) OF TITLE 8 (HEALTH AND SAFETY) OF THE ROSEMEAD MUNICIPAL CODE REGULATING VACANT LOTS Planning and Economic Development Manager Valenzuela stated the proposed Municipal Code Amendment (MCA 18-03) would amend the Rosemead Municipal Rosemead City Council Special & Regular Joint Meeting Minutes of September 11, 2018 Page 4 of 9 Code sections relating to the regulation of vacant lots. Currently, vacant lots are required to comply with the same standards as lots that are under construction or being demolished, as set forth in Rosemead Municipal Code Section 17.68.100. The purpose of regulating vacant lots is to mitigate health, safety, and fire hazards, reduce negative visual and aesthetic impacts, and protect property values. The current standards required by this section are appropriate for lots under construction or being demolished, as such activity is temporary in nature. However, such current standards are not effective in serving the purpose for vacant lots, as they could potentially remain vacant for an extended period. The proposed amendment would strengthen the Rosemead Municipal Code in order to address potential blight resulting from vacant lots and would provide consistency in defining vacant lots throughout the Rosemead Municipal Code. Mayor Ly opened the Public Comment period. Speaker Brian Lewin indicated support and thanked staff for putting together this ordinance; expressed concern that the fencing material will be insufficient to keep people out, opined some lots need a significantly higher level of security than a six feet tall fence; suggested Council consider some additional fencing options or clarifying the fencing options to address those type of concerns. Mr. Lewin also recommended an enforcement timetable or number of citations against the property; referred to Section 8.48.050 "Noncompliance Declared Nuisance", adding "Failure to comply shall constitute a, public nuisance as defined in Chapter 8.44.020 of the Code" so it does not allow any ambiguity. There being no further comments, Mayor Ly closed the Public Comment period. Mayor Ly inquired why the change to this verbiage was not initially included: "As deemed necessary by staff, for health and safety or general welfare reasons, a security; fence of a maximum of six feet per approval by the Community Development Department may be required around vacant properties." Director of Community Development Kim asserted that the previous verbiage was similar language that staff incorporated to refine and make more specific; stated before the verbiage read "if it was deemed a nuisance by the Police Chief or Public Safety", with this change, it states it does not have to be deemed by those specific entities,' but rather by the City. In response to Council Member Low, Director of Community Development Kim, explained Mr. Lewin's concern for flexibility in material is in reference to the white rail fencing's spacing which makes it possible for someone to squeeze through; noted other cities such as Monterey Park have incorporated the white rail fencing, which is aesthetically pleasing; stated applicants can request additional fencing up to six feet for security purposes, in addition to the white rail fencing. Mayor Ly expressed concern that graffiti is an ongoing issue in the City; Rosemead City Council Special & Regular Joint Meeting Minutes of September 11, 2018 Page 5 of 9 recommended graffiti resistant paint or coating be made a requirement with the implementation of white rail fencing. Director of Community Development Kim recommended adding the requested verbiage on page 10 of the proposed ordinance (Section 8.48.030 City Standards. A. Unimproved Vacant Lots. 2. Fencing) "A four -foot high with anti -graffiti coating (if feasible) white rail fence approved by the Community Development Department must be located behind all required perimeter landscaping." ACTION: Moved by Council Member Low and seconded by Mayor Pro Tem Clark to introduce for first reading, by title only, Ordinance No. 982, as amended, approving Municipal Code Amendment 18-03. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 17.68 (FENCES, WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING CHAPTER 8.48 (VACANT LOTS) OF TITLE 8 (HEALTH AND SAFETY) OF THE ROSEMEAD MUNICIPAL CODE REGULATING VACANT LOTS Motion was carried out by the following vote AYES: Clark, Low, Ly ABSENT: Armenta 6. CONSENT CALENDAR A. Claims and Demands Resolution No. 2018-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $16,012.00 NUMBERED 101010 THROUGH NUMBER 101032 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-53. 0 Resolution No. 2018-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $555,763.68 NUMBERED 101001 THROUGH NUMBER 101009, AND NUMBERED 101033 THROUGH NUMBER 101113 INCLUSIVELY Recommendation: Adopt Resolution No. 2018-54. Rosemead City Council Special & Regular Joint Meeting Minutes ofSepteniber 11, 2018 Page 6 of 9 B. City Council Meeting Minutes Recommendation: That the City Council approve the minutes from the regular meeting of July 10, 2018. ACTION: Moved by Council Member Low and seconded by Mayor Pro Tem Clark to approve Consent Calendar Items A and B. Motion was carried out by the following vote AYES: Clark, Low, Ly ABSENT: Armenta 7. MATTERS FROM CITY MANAGER & STAFF A. Los Angeles County Sheriff's Department " STAR" Program Recommendation: That the City Council take the followingactions: 1. Approve the Agreement that falls under the umbrella of the Municipal Law Enforcement Services Agreement with Los Angeles County; and 2. Authorize the City Manager to execute the Agreement. Assistant City Manager Tsujiuchi stated at the July 10, 2018 City Council Meeting, the Council directed staff to further investigate and work with representatives of both the Los Angeles County Sheriff's Department's Success Through Awareness & Resistance (STAR) program and the Rosemead and Garvey School Districts to determine a program and cost estimate for the current school year; noted the unit is comprised of Deputy Sheriffs who provide a structured curriculum consisting of classes that address drug, gang, and violence prevention education to students. After STAR representatives met with both School District representatives, they were able to accommodate a program that would target 3 grade levels per district. Mr. Tsujiuchi"asserted that Rosemead District would focus on 5th, 6th, and 7th graders, while Garvey District would focus on 4th, 5th, and 6th graders; stated staff is proposing $87,000 originally budgeted for probationary services be re -allocated to the STAR program and $59,035 be appropriated from the unreserved General Fund. Mayor Ly and Mayor Pro Tem Clark expressed support in the importance of keeping; probation services. City Manager Molleda affirmed consideration of the probation services will be brought to Council by October. There being none, Mayor Ly opened and closed the public comment period. ACTION: Moved by Mayor Pro Tem Clark and seconded by Council Member Low to take the following actions: Rosemead City Council Special & Regular .Joint Meeting Minutes of'September 11, 2018 Page 7 of 9 1. Approve the Agreement that falls under the umbrella of the Municipal Law Enforcement Services Agreement with Los Angeles County; and 2. Authorize the City Manager to execute the Agreement. Motion was carried out by the following vote AYES: Clark, Low, Ly ABSENT: Armenta B. Federal Legislative Advocacy Services Recommendation: That the City Council authorize the City Manager to enter into a one-year agreement with David Turch & Associates for federal legislative advocacy services, in an amount not -to -exceed $54,000. Assistant City Manager Tsujiuchi stated in August 2017, the City of Rosemead retained the services of David Turch & Associates for federal legislative advocacy services such as comprehensive strategic planning, federal grant opportunities, legislative goal setting, intergovernmental liaison and political analyses. The firm would continue to help the City identify, pursue, and protect essential federal program funding critical to the City, and provide grant services, including working with the City to submit successful federal grant applications. David Turch & Associates would also work to support or oppose legislation, regulations, and policy that would either benefit or harm the City or its residents, and foster or enhance relationships with members of Congress and Executive Agency officials. Mr. Tsujiuchi acknowledged the fees for David Turch & Associates services would be billed on a monthly retainer of $4,500, for a total one-year cost of $54,000. In response to Council Member Low, City Manager Molleda affirmed David Turch & Associates have been sending updates that are included in the Council's Weekly update; acknowledged they will present an update at a November Council meeting. There being none, Mayor Ly opened and closed public comment. ACTION: Moved by Mayor Pro Tern Clark and seconded by Council Member Low to authorize the City Manager to enter into a one-year agreement with David Turch & Associates for federal legislative advocacy services, in an amount not -to -exceed $54,000. Motion was carried out by the following vote AYES: Clark, Low, Ly ABSENT: Armenta 8. MATTERS FROM MAYOR & CITY COUNCIL A. City Council Comments Mayor Pro Tern Clark indicated she received concerns from residents that they did not receive notice regarding development in close proximity to their home; suggested the City consider extending the notification radius from 300 feet to 500 feet so the City ensures due diligence and transparency. Rosemead City Council Special & Regular Joint Meeting Minutes ofSeptember 11, 2018 Page 8 of City Manager Molleda noted she will look into the request of extending the notification radius. Council Member Low thanked staff, especially the Parks and Recreation Department for a beautiful 9/11 Memorial Ceremony; expressed appreciation to Community Development Director Kim for working with her to assist a property owner of a vacant lot; invited the community to attend the annual Moon Festival on September 15, 2018, from 3:30-11:30 p.m., on Valley Boulevard. Mayor Ly requested staff to update the City's legislative report after David Turchs and Associates presents to the Council in November; echoed appreciation to the Parks and Recreation Department for a touching 9/11 Memorial Ceremony. 9. ADJOURNMENT Mayor Ly adjourned the regular meeting at 8:12 p.m. The next regular City Council meeting is scheduled to be held on September 25, 2018, at 7:00 p.m. in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED: Steven Ly, Mayor Rosemead City Council Special & Regular Joint Meeting Minutes of September 11, 2018 Page 9 of 9