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CC - Item 5B - Minutes of September 24, 20191. MINUTES OF THE CITY COUNCIL SPECIAL MEETING AND CITY COUNCIL AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION REGULAR JOINT MEETING SEPTEMBER 24, 2019 The regular joint meeting of the Rosemead City Council and Housing Development Corporation was called to order by Mayor Clark at 6:03 p.m., in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Clark, Mayor Pro Tem Armenta, ABSENT: None STAFF PRESENT: City Manager Molleda, Ci Assistant City Manager Kim, Planning and Eco." Clerk Hernandez WORKSHOP Dang, Low, and Ly of Police Kusayanagi, r Valenzuela, and City lope 1Vlanager,Valenzuela provided a presentation ie Spedific Plan, which was approved and adopted by y 13;, 20,18 and became effective on April 10, 2018; ecif-1;11ic Pt arl;supports the development of approximately Zmm rcia� development, 892 dwelling units, and 0.77 1 Septgriber 10th, Mayor Clark requested an update on Plan; indicated as of today, the Planning and Building ceived the following six projects: arvey Avenue, a mixed-use project, consisting of two phases. Ase is 20,000 square feet of commercial with 160 residential two consists of 58 residential units. 1 Avenue, a restaurant expansion at Longo Seafood Restaurant. 3. 7801 `Del Mar Avenue, about 15,000 square feet of commercial and 16 residential units. 4. 7940 Garvey Avenue, Units 108 and 109, restaurant expansion at Boiling Seafood Wok. 5. 8002 Garvey Avenue, a mixed-use project, about 80,000 square feet of commercial and 92 residential units. 6. 3035 San Gabriel Boulevard, about 60,000 square feet of commercial and 144 residential units. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page I of 21 AGENDA ITEM 5.11 City Attorney Richman ascertained that Mayor Clark has real property interest near one of the project locations so she will be speaking as a member of the public. Speaker Margaret Clark, left the dais to address the City Council at the Public Comment podium, stating she was speaking as a resident not as a Council Member; ascertained if the number of housing units allotted for the entire Specific Plan was 892, then almost 40% of those are already taken with the six projects that are in the pipeline; reiterated the owner of the Auto Auction site's previous concerns expressed to her regarding how many housing units were already taken of the allotted units; opined since it is the Council's desire to have the Auto Auction site developed, will any flexibility be provided if they propose a project with more housing units than allotted. Council Member Ly responded the Garvey Avenue Specific Plan Committee completed a study to determine the specific number of allotted units based off a combination of factors including what can fit and what the actual needs were; asserted the goal in the set number of allotted units was to emphasize the idea of first come first serve and encourage development. Mr. Ly stated at this point, if the Auto Auction site wants to do a mixed-use development with a residential component to it, then they need to submit their own variance to that plan; opined although he understands the Auto Auction site's concern, it would not be fair for the City to hold up other projects for them since they have had 10 years to develop the property and have failed to do so despite staffs' 'continuous efforts. Mayor Pro Tem Armenta concurred with Council Member Ly that the Auto Auction site developer has not been particularly willing to work with the City, even with the Garvey Avenue Specific Plan in place for four years; noted Brian Lewin who sat on the Garvey Avenue Specific Plan Committee would report updates and all scenarios were brought forth to the Council; opined the Auto Auction site seem to continue to make excuses as to why they cannot or should not develop their property, which is going to prolong development from others that are actually wanting to make_ developments in Rosemead. Mrs. Clark asserted the issue is not a matter of whether the intention is to hold up other developments, further stating it was just a question posed. Mayor Pro Tem Armenta responded she knows Mrs. Clark's intentions are good, however if we give one developer special treatment then all the other developers are going to expect the same; emphasized Council must be consistent and fair. Council Member Ly stated representatives from the Auto Auction site, along with various architects and business interests all on that corridor, were present during the Committee meetings; affirmed that the finalization of this Plan was collaborative and included their perspective in it; responded if the developer of the Auto Auction site wanted to submit plans with higher than the units allocated, they would have to request a variance or a GPA for a zoning change, which would go Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 2 of 21 through the normal public hearing process and be presented to the Planning Commission and City Council for final approval. Mrs. Clark stated from a city standpoint, she wants the site to be developed while striving to avoid any roadblocks that might stop that from happening. Mayor Pro Tem Armenta asserted it is Council's goal to see the site developed. Council Member Low expressed disappointment that ten years later, this parcel still has not been developed, even after the City has done everything possible to help them develop it; opined she does not understand why the owners don't sell it if they are purposely choosing not to develop it; stated it is an embarrassment that everyone asks why the City has not built ,anything at the parcel; clarified there is a misconception that the City has full control of what is built there, which is not the case. Council Member Dang ascertained speaking as someone with planning and development background, it was smart that Council did a blanket EIR establishing a certain number of units on a first come first serve basis; responded to Mrs. Clark's inquiry, stating the Council welcomes the developer to do more than what was allotted, however they must go through the Environmental Impact Report, the General Plan amendment and whatever else is required; emphasized that we as a Council, staff as a City, has already invested a tremendous amount of money, time, and energy to help bring forth all these incentives; opined the incentives that were originally provided are gone for this particular 'developer because they waited so long, which is their own fault; reiterated the Garvey Avenue Specific Plan was a great tool for the Council to move forward. Mayor Pro Tem Armenta concurred with Council Member Dang, stating if the Auto Auction site wants to do a variance, they will need to go through the process and pay for any reports accordingly, not the City. Ms. Armenta acknowledged this is a receive and file so Council will not be voting on the item and welcomed Mayor Clark back to the dais. B. Republic Services Field Representative and Service Update Tania Ragland-Castaneda, Municipal Relationship Manager, Republic Services, shared the programs offered to the City of Rosemead are solid waste, recycling and residential recycling rewards, green waste, bulky item pick-up, organics (food waste), holiday tree removal, e -waste & universal waste (i.e., batteries), disability service for roll-out service at no charge, and annual scholarships for Rosemead seniors; noted the drivers that service Rosemead take pride in their accident free record as it is important to safely serve the community; invited Rosemead residents interested in being part of a team that cares about the environment to apply as Republic Services is currently hiring a Recycling Coordinator and actively recruiting drivers; indicated all fleet, which includes six residential trucks, three Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 3 of 21 commercial solid waste trucks, one commercial recycle vehicle, one organics vehicle and one roll -off vehicle, are compressed natural gas vehicles. Mrs. Castaneda gave the following overview of Rosemead's accounts: 10,652 residential, 565 commercial, 153 multi -family, and 28 industrial; provided year-to- date tonnage figures: 408 tons of bulky items collected, over 200 tons of food waste processed, 217 tons from construction & demolition, over 800 tons recycled and 2,700 tons of green waste collected. Municipal Relationship Manager Castaneda asserted the City of Rosemead is a member of the Los Angeles Regional Agency (LARA), is in full compliance with the state's per capita waste targets and serves as an exemplary model for recycling and organics diversion programs; displayed a video regarding state of the art infrastructure of the management of organic waste, highlighting the Anaheim composting facility, solving the food waste problem holistically, working one on one with businesses to understand the diversion opportunities and valuable resources offered. Municipal Relationship Manager Castaneda briefed Council on the following upcoming legislation: • AB 1594 - Compostable Organics Management, effective January 2020, eliminates the allowance of green waste and organic materials that are currently used as landfill cover to count as diversion credit, also that it needs to be processed at a green waste facility and turned into mulch. • SB 1383 — Short. -lived Climate Pollutants, effective January 2022, establishes targets to achieve a 50% reduction in the level of statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Mayor Clark opened the Public Comment period. Speaker Brian Lewin expressed concern regarding an article indicating Teamsters authorized a strike against Republic Services in Southern California; inquired if there was any information available or forthcoming about this matter. Municipal Relationship Manager Castaneda responded the protesters involved work from a different part of the organization and does not pertain to the Southern California drivers or affect us in our communities; assured Council that they are closely monitoring this matter and will keep them informed of any updates. There being no other comments, Mayor Clark closed the Public Comment period. Council Member Ly noted he read an article, stating Teamsters Covina -based Local 396 were in support of a strike against Republic Services that started in Massachusetts, as Teamsters feels it is unfair that Republic Services is allegedly buying back its own stock rather than investing profits into higher wages or new trucks; inquired if the Teamsters Covina -based Local 396 has the same union that would affect Rosemead; requested future updates on this labor issue, and for Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 4 of 21 Republic Services to provide a backup plan for the City of Rosemead to ensure that our residents do not experience any service disruptions should a strike occur. Mrs. Castaneda responded Covina has a different agreement than we do, and that she would confirm and follow-up with Council on the requests. Mayor Pro Tem Armenta asked what is the turnaround time from removal of graffiti on bins and bulky item pickup once reported; stated she noticed a mattress on Walnut Grove Avenue between Fern Avenue and Garvey Avenue, that must have been there for a while as somebody drew a happy face on it; opined graffiti and bulky items left on the streets that are not removed right away are negatively reflective of our city; asserted we have received a lot of complaints by residents, that the bins are overfilled, especially in commercial corridors; inquired what is being done about the accounts with overflow. Municipal Relationship Manager Castaneda stated our protocol is the drivers are to report any graffiti, and if they have the ability to fix it themselves to do so, however if it is overly graffitied and cannot remove it themselves, to submit a request; indicated she would have to refer to the agreement as to the turnaround time for removal of graffiti on bins and bulky item pickup once reported; asserted they could provide updates to Council of the number of 'containers reported with graffiti and removal of. Mrs. Castaneda responded bins that are overflowed are documented with a picture and the customer is charged a yardage fee for the extra volume that they generate; noted if it's excessive overflow, our drivers will report it to our dispatch and a customer courtesy call is provided, additionally we have our consultant documenting any cases of overflows and speaking with those customers when they are in the field; indicated with the onboarding of the Recycling Coordinator, there will be a- dedicated customer service person to approach these matters one-on-one; ascertained in cases where there is excessive overflow upon multiple reoccurrences and the customer is refusing to increase their service after multiple outreach attempts, Republic Services would submit a service increase request to the City for approval. Mayor Pro Tem Armenta stated Rosemead prides itself in our diversity, and many of the restaurants are new immigrants which brings a language barrier; inquired how is Republic Services staff ensuring they understand the conditions. Mrs. Castaneda indicated that all of Republic Services' materials are translated in Spanish and Mandarin; noted a lot of our staff speaks Spanish including myself, and we have Min Wang, Community Relations Manager, who is fluent in Mandarin, that also assists with translating for customers as needed. Council Member Ly asked what about Vietnamese translation services? Mrs. Castaneda affirmed they could translate material into Vietnamese, however she would have to follow-up as to whether they have staff that speaks Vietnamese. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 5 of 21 Mayor Pro Tem Armenta concurred with Council Member Ly, stating a big part of the Rosemead community is Vietnamese. City Manager Molleda directed Mrs. Castaneda to send her the turnaround responses and Vietnamese services provided so that she could include the requested information in the Council's Weekly Update. Council Member Dang thanked Mrs. Castaneda for a very informative presentation; inquired if residents will also be receiving the gray bin with a yellow lid displayed on page 11 of the presentation. Municipal Relationship Manager Castaneda stated the gray bins are part of a pilot program being tested for LAUSD so that they stand out and can see a difference right away; acknowledged that Rosemead is using green containers for organics and red containers for the commercial sector; asserted that SB 1383 will require all cities to have green containers specifically for food waste and organics. Council Member Dang asked if residents should also be throwing their food in the green containers; inquired what the estimated timeframe is for SB 1383. Mrs. Castaneda responded that the commercial sector is using those containers for food waste while the residential sector only puts their green waste in them; noted SB 1383 will require residences within that timeline to have a food waste and green waste program; asserted Republic Services is looking at all possibilities as to what capacity is available for the streams when they are separated since food waste is permitted differently; opined it is hard to know what direction to move forward with until regulations are finalized, however we will ensure an appropriate outreach transition program is made available to Rosemead customers; noted that the regulations keep getting pushed back due to negative feedback coming from communities in regards to how strict everything is and they are projecting to finalize it by end of December 2019. C. Closed Session CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (1 Potential Case) City Attorney Richman announced that any reportable action taken by the City Council would be reported at the regular meeting at 7:00 p.m. Mayor Clark recessed to Closed Session. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 6 of 21 RECONVENE TO REGULAR MEETING The regular meeting of the City Council was called to order by Mayor Clark at 7:09 p.m. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Armenta INVOCATION was led by Council Member Ly City Attorney Richman stated there was no reportable action taken in Closed Session. 2. PUBLIC COMMENT - Mayor Clark opened the Public Comment period. Speaker Sue Yamamoto, Community Library Manager, Los Angeles County Library, stated the Library was pleased by the success of the reading game and other summer programs held from June to August consisting of over 3,000 participants; introduced Katrina Serna who is the Librarian that oversees the Asian Pacific Resource Center (APRC). Speaker Katrina La Serna, APRC, LA County Library, noted there are four resource centers ,throughout the County including the Chicano Research Center, American Indian Resource Center, Black Resource Center and the Asian American Resource Center; indicated the mission of all the centers is to provide resources and information in programming, specific to the culture that we represent; invited the community to Chinatown for an archaeology workshop, which will cover the immigrant experience of Chinese Americans. Council Member Ly commended Ms. Yamamoto and her team for the great work they do at the library while connecting with our youth, adults and seniors of the community; expressed appreciation for the resource centers as they offer the public a way to familiarize themselves with their heritage. Mayor Pro Tem Armenta congratulated them on Los Angeles County Library being named the 2019 Best Library of the Year, recognized for their library system. Ms. Yamamoto indicated this was a very special year for the department because their director Skye Patrick was also named the 2019 Librarian of the Year; thanked Council for their continuous support. Mayor Clark praised the Library for their efforts. There being no other comments, Mayor Clark closed the Public Comment period. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 7 of 21 3. PRESENTATIONS A. Recognition of Rosemead High School Students The City Council presented Certificates and In -N -Out gift cards to the following students to recognize them for their participation in the American Legion Boys and Girls State, which is among the most respected and selective educational programs of government instruction for U.S. high school students: Kenneth Nguyen, Sebastian Ferreyra, Gabriel Innocente, and Vanessa Vergara. B. Recognition of Life Saving Actions by Deputy Julian Ayon, Deputy Daniel Esqueda and Deputy April Nicholson The City Council presented certificates to Deputies Julian Ayon, Daniel Esqueda, and April Nicholson, to recognize them for courageously assisting with calm and quick -thinking action by performing CPR, which led to saving the life of a Rosemead High School student on May 28, 2019. C. Honoring Undersheriff Tim Murakami The City Council presenteda plaque to Tim Murakami to congratulate him on his promotion to Los Angeles County Undersheriff and recognize him for his tenure as the City of Rosemead's Chief of Police. Council Member. Ly expressed appreciation to Undersheriff Murakami for his service, not just to the Los Angeles County, but to the industry as well; stated as Rosemead's first Police Chief, he helped develop a connection for the Deputies and our residents, making them feel comfortable to reach out to the Sheriff's Rosemead Team; indicated he would like to continue honoring the legacy of Undersheriff Murakami by adding to a future agenda, consideration to rename the Public Safety Center after Tim Murakami. Mayor Pro Tem Armenta opined the current Chief of Police Kusayanagi reminds me of Undersheriff Murakami in your demeanor and the way you care about our City, thanked Undersheriff Murakami for the legacy he has left in Rosemead; seconded Council Member Ly's motion to request the Public Safety Center be renamed in honor of Undersheriff Tim Murakami. Undersheriff Murakami thanked the Council for this honor, stating it was a privilege and you could not ask for a better community than Rosemead to serve; praised the City Council for leading with the interest of the community in mind. ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Armenta to request the Public Safety Center be renamed in honor of Undersheriff Tim Murakami. Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 8 of 21 4. PUBLIC HEARING - None 5. CONSENT CALENDAR ACTION: Moved by Council Member Ly and seconded by Council Member Low to approve Consent Calendar Items A through C. Council Member Ly stated he is not requesting to pull Item C, simply to make comments regarding Item C. Mayor Clark noted Item D would be pulled for separate discussion as there is Public Comment for that item. Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None A. Claims and Demands • Resolution No. 2019-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD 'CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $49,310.22 NUMBERED 104389 THROUGH NUMBER 104393, AND NUMBERED 104416 THROUGH NUMBER 104417 INCLUSIVELY Recommendation: Adopt Resolution No. 2019-49. • Resolution No. 2019-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $518,386.81 NUMBERED 104394 THROUGH NUMBER 104415, AND NUMBERED 104418 THROUGH NUMBER 104526 INCLUSIVELY Recommendation: ''Adopt Resolution No. 2019-50. • Resolution No. 2019-09 SA A RESOLUTION OF THE CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,755,860.91 NUMBERED 10269 THROUGH NUMBER 10270 INCLUSIVELY Recommendation: Adopt Resolution No. 2019-09 SA. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 9 of 21 Resolution No. 2019-09 RHDC A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $56.51 NUMBERED 1611 INCLUSIVELY Recommendation: Adopt Resolution No. 2019-09 RHDC. B. Approval of Minutes Recommendation: That the City Council approve the regular meeting minutes of April 23, 2019. C. Federal Legislative Advocacy Services — David Turch & Associates In August of 2017, the City of Rosemead retained the services of David Turch & Associates for federal legislative advocacy services, and on September 11, 2018, David Turch & Associates services was renewed for one additional year. David Turch & Associates provides comprehensive strategic planning, federal grant opportunities, legislative- goal setting, intergovernmental liaison and political analyses. Retaining 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 enhancerelationships with members of Congress and Executive Agency officials. Recommendation: That the City Council authorize the City Manager to enter into a three-year agreement with two, 1 -year options with David Turch & Associates for federal legislative advocacy services, in an amount not -to -exceed $54,000 annual Council Member Ly indicated support to renew the City's contract with David Turch & 'Associates; noted Council Members Dang and Low, City Manager Molleda, and -himself had the opportunity in March to join David Turchs' firm in a series of meetings in DC, which they were able to promote the City's interests, as well as breakthrough some grant issues; stated they discovered thousands of grants that the City initially thought they were not eligible to apply for as a contract city, however ascertained that the City can individually apply for these grants; opined as a Council we took the risk of hiring a lobbyist, and it's proven to be a great investment. Council Member Low recalled a few years ago that she questioned the purpose of these type of firms as to what values they provide cities; opined she can now say Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 10 of 21 that she is glad that Council Member Ly suggested Council to have Lobby Days and to work closely with the firm; echoed that this was a great investment as they did a really good job setting up meetings and giving Council opportunities to talk with different departments in DC. Council Member Dang agreed that this lobbying firm was well worth the investment as they prepared schedules, agendas and speaking points for Council for each meeting; noted in some meetings, we found that there are micro grants we weren't even aware of; emphasized that these lobbyists can open doors, but they really need the council members to come and speak on behalf of the residents; stated it was a real eye opening experience for him as we were there voicing Rosemead's needs and concerns; thanked Council Member Ly for being such a phenomenal asset and taking the lead in these meetings while representing Rosemead. DISCUSSION OF CONSENT CALENDAR ITEM 5.1) D. Receive and File Report - 4th of July Fireworks Suppression Activity Request for Red Curb at 2516 Muscatel Avenue Recommendation: That the City Council deny the said request for a red curb on each side of the existing driveway as requested. Staff received a request from Tam Hang, resident of 2516 Muscatel Avenue, for the installation of a 5 -foot length red curb on each side of the existing driveway apron. Ms. Hang indicates that they have difficulty entering/exiting their driveway. It is likely that the concern comes from on -street vehicles parked on either side of the driveway. The Traffic , Commission at its regularly scheduled meeting on August 1, 2019, considered the request and voted to recommend that the City Council not approve the red curb as requested. Mayor Clark opened the Public Comment period. Speaker Tam Hang expressed concern that she has difficulty entering and exiting her driveway as cars park too close to her driveway, which is why she requested a red curb on each side of her existing driveway at 2516 Muscatel Avenue; inquired why her request for a red curb was denied. There being no other comments, Mayor Clark closed the Public Comment period. Mayor Pro Tem Armenta asked staff to explain to the resident what the protocol is in determining the specific need to install a red curb; opined we all have difficulties getting out of our driveway, but that does not mean we can just put red curbs all around residential areas to deter someone from parking there. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 11 of 21 Consultant Ahmad Ansari, Transtech Engineers, Inc., responded per the Vehicle Code red curbs are installed in areas such as where a fire hydrant or bus stop is located to warn drivers not to park there. He stated if the City and Traffic Engineers notice sight distances or visibility at the corners of intersections while in the field, they can evaluate and make a recommendation for the Traffic Commission to review; noted once the Traffic Commission determines whether to approve or deny the item, that recommendation will then be taken to the City Council for final approval. Mr. Ansari opined neither of those reasonings apply to this case as it is a typical residential driveway with plenty of distance north and south of the driveway; affirmed he conducted a site visit multiple times in July and did not find cars obstructing the driveway for this particular residence, which is why staff recommended the Traffic Commission not to approve the request. Council Member Dang emphasized the importance of the zoning perspective; noted the dimension for a standard car is 18 to 20 feet; referenced the photograph in Staff Report, stating the curb north of the subject property driveway is 34 -feet in length and the curb south of the driveway is 47 -feet; opined there appears to be enough room to accommodate two parked cars without blocking the driveway. Mr. Ansari concurred with Council Member Dang's assessment. ACTION: Moved by Council Member Ly and seconded by Council Member Dang to deny the said request for a red curb on each side of the existing driveway as requested. Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None 6. MATTERS FROM CITY MANAGER & STAFF A Coyote Management Plan 2019 Recommendation: That the City Council approve the updated Coyote Management Plan 2019, which would be consistent with SGVCOG's Regional Coyote Management Framework, and authorize the City Manager to enter into an Agreement with SGVCOG for Coyote Management Implementation Plan (CMIP) at an annual cost of $10,000 for a two-year period. The goal of the City of Rosemead's Coyote Management Plan (RCMP) is to discourage the habituation of coyotes in an urban environment by using education, behavior modification, and a human/coyote reporting and responding system. The ultimate goal of coyote behavior modification is to encourage the natural relocation of coyotes to their native environment. The actions in this RCMP are designed to increase the community's knowledge and understanding of how coyotes behave, to make clear how such behavior can be managed or reduced to eliminate human conflicts with coyotes, and to provide a responsible and regional response plan that is consistent across the San Gabriel Valley sub -region. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 12 of 21 Assistant City Manager Kim stated in 2016, the City Council approved the current Coyote Management Plan which was modeled after several California cities' plans; noted the San Gabriel Valley Council of Governments formed the Coyote Management Task Force, which created a regional coyote management framework for cities to utilize in developing its own plan that would be regionally consistent with other coyote management plans. Mr. Kim explained staff is seeking Council's approval to participate in COG's Coyote Management Implementation Plan, in which various community trainings, education and reporting on behalf of the cities, would be provided; indicated their cost to join is $10,000 annually; introduced Alexander Fung representing the San Gabriel Valley Council of Governments, to discuss the COG's efforts under the coyote management plan. Alexander Fung Management Analyst, COG; provided a PowerPoint presentation of COG'S coyote management efforts; stated the Coyote Management Task Force developed two documents, the Regional Coyote Management Framework and the Coyote Management Implementation Plan (CMIP), which are separate of each other, but both focus on address existing and rising coyote issues in the San Gabriel Valley; explained the Regional Coyote Management Framework serves as a document that member agencies can adopt and modify based on their own needs, and the CMIP was created to provide the COG with a plan of assisting cities to coordinate coyote safety outreach services; provided an overview of the three different categories within the CMIP programs and services: Public Outreach and Education, Non -Urgent Coyote Response Services, and Regional Representation and Engagement Services; emphasized the importance of educating your residents to help them better understand not just coyotes, but wildlife in general. Mr. Fung indicated the COG is also developing a website that will include coyote education, provide additional resources and a link to the online reporting system that residents can utilize, however, advised residents that believe to be in imminent danger to call 9-1-1 immediately. He informed Council that there are 14 cities who have expressed interest in the CMIP, in which many of them agreed to incur the cost of $10,000 annually for two consecutive years; stated an advantage of the program is the assurance of having dedicated staff and a regional approach to pull the resources together to address safety issues caused by coyotes. Mayor Pro Tem Armenta opined one of the misconceptions is whether coyotes are protected; emphasized the importance of educating the community as people may not realize that legally if a coyote is captured, you cannot set them back in the wild and you must euthanize them; inquired how COG plans to educate the community. Mr. Fung responded unfortunately coyotes are not protected as the State classified them as non -game animals, which constitutes them as a nuisance, however the Coyote Task Force and the governing board recognizes that coyotes should be humanely treated; stated the CMIP was developed in a way to protect and educate residents so that they understand how to coexist with wildlife in the residential areas; opined it is important to hold workshops so that residents can be educated about what is appropriate behavior when a coyote is near you. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 13 of 21 Mayor Pro Tem Armenta stated this is a regional issue as coyotes do not see boundaries, so no matter what Rosemead does, if neighboring cities are not doing their part, then the presence of coyotes in our cities will remain an issue. Council Member Low concurred with Mayor Pro Tem Armenta on the importance of educating our residents; inquired what communication methods will COG utilize to educate the elderly that do not go online or use social media, additionally what resources are used for the Asian community that only speak Chinese or Vietnamese. Mr. Fung thanked Council Member Low for bringing that to the COG's attention and affirmed they will look into their communication methods fiu ther; stated the COG has their printed materials and website available in different languages such as Spanish, Chinese and Vietnamese. Council Member Dang shared other cities' concerns expressed at the COG meeting that cities located near the foothills that experience more coyote problems are benefiting from cities such as Rosemead that live further away and contributing a $10,000 investment per year, totaling _$20,000: for two years; opined the CMIP seems to be more of a passive approach that is focused on gathering data, public outreach, and ways to report a coyote, however not really solving the problem; concurred with Mayor Pro Tem Armenta's thought that what does it mean for Rosemead that we do our part but the neighboring cities do not; emphasized it is hard to assess if the CMIP would be effective for our city; articulated that a more physical approach is needed to really fix the problem. Mr. Fung responded even though the CMIP is a two-year program, the first year would be a pilot program to help the COG evaluate and assess the problem. Mayor Clark opened the Public Comment period. Speaker Brian Lewin indicated he was one of the residents Mayor Pro Tem Armenta was alluding to that was not aware that coyotes are unprotected animals; expressed concern that the approach is to teach residents how to coexist with coyotes rather than getting rid of them; stated by encouraging residents to simply learn to coexist, we are basically inviting them to become a permanent invasive species; opined we need to be more aggressive in our approach because once a coyote attacks, it will attack again, whether it is a person or our pets in our backyards. There being no other comments, Mayor Clark closed the Public Comment period. Mayor Pro Tem Armenta stated for the record that the unawareness of coyotes being unprotected was a general statement and was not alluding to anyone in particular; emphasized Rosemead and neighboring cities need to work together as a region to make sure that everybody is doing their part in their own cities; highlighted the following cities surrounding Rosemead are part of the CMIP: Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 14 of 21 El Monte, Montebello, San Gabriel, Temple City; noted the only two cities surrounding us not on the list are Monterey Park and South El Monte; opined to have four of the six surrounding cities support will help us all. Council Member Low inquired if the COG is investigating other ways to either remove the coyotes or at least keep them away from the community as part of the CMIP, also if trapping and removal could be included as an option within the management framework. In response, Mr. Fung stated the Task Force 'discussed whether trapping and removal should be part of the plan, in which they determined it was not necessary as most agencies already have contracts with an existing animal control agency such as a Humane Society or County; affirmed the COG is not stopping cities from including trapping as part of their coyote management plan, further explained the COG would not be the implementer, however could connect the city with an agency that can assist with carrying out trapping and removal; informed Council while it is at the city's discretion whether to include trapping and removal in their plan, the city would be required to go through an Environmental Impact Study, which must be approved by the California Department of Fish and Wildlife before it can be adopted. Mayor Clark inquired if any of the cities listed, particularly Arcadia, have trapping and removal as part of their management plan. Mr. Fung responded some of the cities do include it, however he could not confirm which ones specifically as he did not have that information with him; asserted Arcadia did not include trapping and removal in their plan but trapping services are conducted on a case-by-case basis; provided the example if there is an aggressive coyote, then the city would contact their Humane Society to take care of it. Mayor Pro Tem Armenta stated if a coyote was manged or diseased, then it would be high priority to trap and remove. Mr. Fung concurred with Ms. Armenta's statement. City Manager Molleda noted last year we had a coyote that was really hurt and trapped, so we contacted our humane society at the time, to remove the coyote who was then euthanized; affirmed staff can look into adding trapping and removal as an option within our own management plan. Council Member Ly posed the question if Rosemead joins this entity, will the Task Force or the governing board or a combination of both implement its programs; inquired why the COG decided not to have the 14 cities interested in participating in the program and actually paying the $10,000 serve as the members of the Steering Committee that oversees the plan. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 15 of 21 In response to Council Member Ly, Mr. Fung indicated the Task Force does not have oversight and that full time staff will be implementing the program under direction of the governing board; asserted the point of giving the 14 interested cities oversight on the Steering Committee was not brought up by the governing board or the Task Force. Mayor Pro Tem Armenta queried if the city should bring that to their attention now. Mr. Fung opined it would be possible, however the governing board already passed the Coyote Management Implementation Plan and the Regional Coyote Management Framework at the July 18th COG meeting, resulting in only one city indicating opposition, the City of Sierra Madre. There was discussion whether Mayor Clark, the COG Delegate, or Council Member Dang, the alternate, attended the July 18th meeting. Mayor Clark asserted she was not in attendance at the July 18th meeting as she checked her calendar and confirmed she was out of state. Council Member Dang recalled the question was posed which cities want to get involved, but never actually voted on joining or approving the program. Council Member Ly opined he is not necessarily- against the governing board having final authority because it is after all a COG agency program, however those paying the $10,000 fee should at leastbe-involved with policy control of the program. Mayor Pro Tem Armenta concurred with Councilmember Ly; opined if Rosemead is investing money into this program, then I don't want another city who is not making that, same investment, to tell us what to do. Council Member Dang ascertained that the 14 cities listed simply expressed interest in participating in the program, however, did not actually sign up yet; inquired if Rosemead currently has a plan in place. Mr. Fung responded the City of Alhambra officially confirmed, additionally the Cities ' of Azusa, Irwindale, San Marino and San Gabriel, recently approved the MOA. Assistant City Manager Kim affirmed Rosemead's Coyote Management Plan was originally approved in 2016. Council Member Ly compared the City's and COG's management plans by saying COG's framework is focused more on an education and outreach perspective, whereas Rosemead's plan is focused on addressing and managing the problem; stated he gathers that this new coyote regional plan will start off as outreach Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 16 of 21 information, but will slowly become a regional implementation plan as more member agencies join and resources come together. Council Member Dang reiterated that he understands COG'S CMIP is a regional based plan, however it is a passive approach; expressed concern that we would be investing money into something that our staff is already doing — social media and outreach. Council Member Ly echoed Ms. Armenta's point that coyotes are a regional issue, so what message is Rosemead sending to our neighboring cities if we decide not to participate in the program; opined he has no problem supporting the CMIP because overall it's a good plan, however his only concern is the oversight of it; suggested sending a directive back with our governing board delegate or alternate to recommend the plan be amended to reflect only the participating cities as the actual overseers of this project or we can approve this contingent on the requested change is made in the MOA. City Manager Molleda informed Council this does not become effective until November l st, so there is enough time to discuss this further. Council Member Dang encouraged having whistles available for residents to scare off the coyotes. Mayor Pro Tem Armenta indicated we already have whistles and they do not work as a scare tactic. Mr. Dang responded that is why we need something more aggressive than just alerting residents on social media about coyote sightings; suggested giving a citation to someone if they are constantly leaving food out for a street cat as that can bring unwanted_ coyote presence. Council Member Ly requested adding to the motion — to appoint Mr. Dang as our delegate to advocate for us on the coyote committee as he is right, there should be teeth to this proposal and brought up good points. Council Member pang shared about his encounters with coyotes, noting the first was when a family of coyotes jumped over his five-foot block wall and into his backyard; emphasized a fence will not stop a coyote from getting into a backyard; stated his second encounter was when he saw coyotes again in his yard, but this time they left a half -eaten cat, so he called City Hall to report it; brought to Assistant City Manager Kim's attention that the animal control staff who came to remove the dead animal told him that they could not trap the coyotes as they were protected animals; advised Mr. Kim to ensure City staff is aware that coyotes are not protected by State law. Mr. Dang stated we need a comprehensive plan with some teeth and mechanism, but also encouraged all cities to do their part. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 17 of 21 Mr. Ly asked which member agencies were part of the Task Force. Mr. Fung responded the following cities served on the Coyote Management Task Force: Alhambra, Arcadia, Bradbury, Covina, Diamond Bar, Industry, Irwindale, La Canada Flintridge, Monrovia, Monterey Park, Rosemead, San Dimas, San Gabriel, San Marino, South El Monte, South Pasadena, Temple City, and Walnut. Council Member Dang ascertained that the City of Bradbury was included in the Task Force, however they were not listed as one of the 14 interested participants. Mr. Fung stated that is correct, Bradbury opted to participate in the framework and utilize the template but not to participate in the Coyote Management Plan itself or invest the $10,000. Mayor Pro Tem Armenta echoed Mr. Ly's concerns; expressed frustration that the COG allowed cities who opted out of the program to still vote and give a framework to those cities who are paying to be part of the program. Mr. Fung responded that because the goal is to take a regional approach, the COG was not requiring cities to pay to obtain the template, simply that city staff would take it back to their Council for any necessary modifications; asserted the CMIP mostly focuses on the public outreach part of the framework. Council Member Ly referenced page 2 of Attachment B of the Staff Report titled "Regional Coyote Management Framework", inquired what contributions Rosemead made that we were thanked for as generous support. City Manager Molleda responded that we had staff, which included our former Assistant City Manager and Public Safety Supervisor Mandy Wong, attend those meetings and provide feedback. Mayor Clark asked if the Task Force had any upcoming meetings or if everything was set in stone. Mr. Fung indicated the Task Force is not scheduled to meet again, however you are welcome to bring a request to the governing board's review to establish an Executive Committee of representatives from the participating cities to oversee and help manage the program. City Manager Molleda pointed out that currently the City does not have the staff or the resources to complete the outreach needed; asserted by joining the program, the city does not have to hire an expert on this matter and the $10,000 is reasonable. Mayor Pro Tem Armenta opined she would be fine approving this and inquired if we can motion with a provision that the program is comprised of cities that are participating and investing in it. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 18 of 21 City Attorney Richman acknowledged Council could propose an amendment to the COG since they have until November, however encouraged them to be mindful that it will take time be taken to the COG first and then brought back to Council for final approval. Mr. Fung noted the Executive Board meets on the first Monday of the month and the governing board meets on the third Thursday of the month. Council Member Ly proposed Mayor Clark request to place the proposed amendment to the MOA on the next Executive Boards' agenda; stated we can table this item until the October 8th Council meeting so that we can vote based off the Executive Board's decision. City Manager Molleda inquired if there is a deadline for cities to join or if they can join at any time within the two-year pilot program. Mr. Fung responded cities can join at any time, emphasized the COG requires at least 10 cities to participate to ensure we have the resources needed to carry out the regional program. By consensus the City Council opted to table this item until the October 8th Council meeting, which would provide an opportunity for the COG's Executive Board to review the proposed amended language allowing only cities that are participating in the program to have oversight jurisdiction, B. Garvey Park Restroom Renovation Project No. 31017 Award of Contract Recommendation: That the City Council take the following actions: 1. Approve the plans and specifications for the Garvey Park Restroom Renovation Project No. 31017 and 2. Authorize the City Manager to enter into a contract with Concept Consultant, Inc., in the amount of $333,805. In addition, authorize an amount of $33,381 (10% o) as a contingency to cover the cost of unforeseen construction expenses. As a part of the City's Fiscal Year 2017-2018 Capital Improvement Program, the City Council approved a project to renovate the Garvey Park Restrooms. The project consists of renovations to the existing restrooms that include new toilets, urinals, sinks, privacy partitions, flooring and paint. The project is funded with General Funds in the amount of $210,000, and CDBG funds in the amount of $390,000, for a total budget of $600,000. Consultant Ahmad Ansari, Transtech Engineers, Inc., stated a Notice Inviting of Bids for the Garvey Park Restroom Renovation Project was published on August 5th and 12th; noted for the record that there was a typo in the Staff Report, Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 19 of 21 as the Bid Opening was originally scheduled for Tuesday, August 27th at 11 a.m., however due to a couple of addendums it was postponed to Thursday, August 291h at 11 a.m.; asserted that the City Clerk publicly opened and read three (3) sealed bids ranging from $333,000 to $449,000. Mr. Ansari informed Council that the City received a protest letter from the third lowest bidder objecting to the award of the contract on various grounds; indicated City staff and City Attorney carefully evaluated the correspondence and explained to the protesting bidder that the various issues raised either had no merit or concerned waivable irregularities, as a result, the bidder in question did not timely appeal the City staff's findings; recommends the Council award the contract to the apparent lowest responsive bidder, Concept Consultants, Inc. Mayor Clark asked if the layout is the one Council approved several months ago. City Manager Molleda affirmed the last layout that Council saw and approved is what we're moving forward with. Mayor Pro Tem Armenta commented the reason this project is such a high priority is because it has been years that we provided our input and have patiently been waiting for it to come to fruition. Council Member Low echoed Ms. Armenta's thoughts that this project needs to be completed; stated residents are unhappy with the current condition of the restrooms and they deserve to have a reasonable restroom to use while at the park; requested staff ensures that the contractors are working efficiently and that the project stays on track; opined it would be appreciated if the contractors could finish ahead of the schedule, if possible. Mayor Pro Tem Armenta furtherstatedit would also be appreciated if no Change Orders were request as it only delays the process. Council Member Ly responded he understands the concern, however Council should not be completely opposed to Change Orders; emphasized that Change Orders should only be requested if necessary to complete the project. Council Member Dang inquired if the Construction Management Team is part of the contractor or is there a separate management team; asked who is covered under the $55,000 listed in the estimated project cost. Mr. Ansari asserted that it is a combined effort as the Public Works and Engineering Department will be responsible for the construction management and federal labor compliance, while the Building Division will be responsible for the inspection elements; indicated the $55,000 covers staff and consultants working on the project; assured Council that staff will ensure if there is a need for a Change Order that it is well merited. Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 20 of 21 ACTION: Moved by Council Member Ly and seconded by Mayor Pro Tem Armenta to take the following actions: 1. Approve the plans and specifications for the Garvey Park Restroom Renovation Project No. 31017; and 2. Authorize the City Manager to enter into a contract with Concept Consultant, Inc., in the amount of $333,805. In addition, authorize an amount of $33,381 (10%) as a contingency to cover the cost of unforeseen construction expenses. Motion was carried out by the following vote AYES: Armenta, Clark, Dang, Low, Ly ABSENT: None 7. MATTERS FROM MAYOR & CITY COUNCIL A. Council Comments Council Member Ly congratulated staff on a successful Mid -Autumn Moon Festival and praised Council Member Low for her wonderful performance. Council Member Low thanked G.M. 'Singpoli Media for organizing and staff for their efforts as it was well attended; expressed appreciation to Council for their support for such programs. Council Member Dang stated he was very impressed by Council Member Low's talented performance; noted there was a protest at the Festival and recognized the Sheriff s Department for keeping things under control and safe. Mayor Pro Tem Armenta echoed congratulations to Council Member Low on her special event; opined it is wonderful that the City not only embraces all cultures but celebrates diversity. Mayor Clark invited the community to attend the Fall Fiesta on October 12, 2019, from 4:00 to 9:00 p.m., at Rosemead Park. 8. ADJOURNMENT Mayor Clark adjourned the regular meeting at 10:22 p.m. The next regular City Council meeting is scheduled to be held on October 8, 2019, at 7:00 p.m., in the Rosemead City Hall Council Chamber. Ericka Hernandez, City Clerk APPROVED: Sandra Armenta, Mayor Rosemead City Council Special Meeting and City Council and Successor Agency to the Community Development Commission Regular Joint Meeting Minutes of September 24, 2019 Page 21 of 21