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CC - Agenda - 01-11-2022CITY OF ROSEMEAD CITY COUNCIL REGULAR MEETING AGENDA City Hall Council Chamber 8838 East Valley Boulevard Rosemead, CA 91770 Tuesday, January 11, 2022, at 7:00 P.M. — Regular Meeting City Council Polly Low, Mayor Sean Dang, Mayor Pro Tem Sandra Armenta, Council Member Margaret Clark, Council Member John Tang, Council Member Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist The City Council may direct staff to investigate and/or schedule certain matters for consideration ata future City Council meeting. Public Comment from the Audience If you wish to address the City Council please complete a Speaker Request Cara as it must be handed to the City Clerk before the start of the meeting. • Public may offer comments via zoom by using Meeting ID: 883 7394 5267and Passcode: 013961 or by phone: Dial (669) 900- 9128, enter MeetingID: 883 7394 5267 and Passcode: 013961; or email comment to publiccomment(acitvofrosemeadorg by 5:00 p.m. the day of meeting. The City Council will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period Opportunity to address the City Council (on non -agenda items) is limited to 3 minutes per speaker. Pursuant to Assembly Bill 361 Members of the City Council may teleconference into the meeting without noticing each teleconference location from which a member is participating in a public meeting. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office during normal business hours. 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE — Mayor Pro Tem Dang INVOCATION — Council Member Clark 1. NEW BUSINESS A. Adopt Resolution No. 2022-03, Making the Findings to Reauthorize Remote Public Meetings in Accordance with Assembly Bill 361 for the Neat 30 -Days On October 12, 2021, the City Council adopted Resolution No. 2021-45, authorizing the need for a teleconferencing option for City Council and Commission meetings pursuant to Assembly Bill (AB) 361. With the current surge in COVID-19 Omicron variant cases, the temporary closure of City facilities, and to help mitigate the spread of COVID-19, it is recommended that the City Council adopt a resolution in accordance with AB 361 findings that: (1) The Governor's state of emergency enacted on March 4, 2020, presently remains in effect; and (2) state and local officials continue to recommend measures to promote social distancing. Recommendation: That the City Council adopt Resolution No. 2022-03, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, RE -RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ROSEMEAD FOR THE 30 -DAY PERIOD BEGINNING JANUARY 11, 2022 THROUGH FEBRUARY 10, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL 361 2. PUBLIC COMMENT Opportunity to address the City Council (on non -agenda items) is limited to 3 minutes per speaker. Public may address comments via zoom using meeting ID: 883 7394 5267 Passcode: 013961 or by dialing: (669) 900-9128, enter meeting ID and passcode. Written public comments may be submitted via email at publiccommentAcityofrosemead.org by 5:00 p.m. on the day of the meeting. All comments are public record and will be recorded in the official record of the city. 2 Rosemead City Council Regular Meeting Agenda January 11, 2022 3. PRESENTATIONS A. Update Presentation on the State-wide Drought and Water Resources in the Main San Gabriel Basin by the Upper San Gabriel Valley Municipal Water District 4. PUBLIC HEARING A. Public Hearing on Emergency Shelters - Municipal Code Amendment 21-03 Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to Title 17 ("Zoning") of the Rosemead Municipal Code intended to bring Section 17.30.120 up to compliance with State legislation regarding objective standards for emergency shelters in the City. The proposed amendment would update objective standards pertaining to capacity, location, parking, and client restrictions for emergency shelters in accordance with the provisions of Government Code Section 65583. MCA 21-03 is required as part of the City's 6th Cycle Housing Element Update (2021-2029) efforts. Recommendation: That the City Council take the following action: 1. Conduct a public hearing and receive public testimony; and 2. Introduce the first reading, by title only, Ordinance No. 1002, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY SHELTERS B. Public Hearing on General Plan Amendment 20-01 - City of Rosemead Housing Element 2021-2029 and Focused Public Safety Element Update with Environmental Justice Policies State housing law requires local governments to adequately facilitate the improvement and development of housing to meet the existing and projected housing needs of all economic segments of the community. As the official housing policy document of the City of Rosemead (City) — one of the mandatory elements of the General Plan — the City of Rosemead 2021-2029 Housing Element (Housing Element) analyzes existing housing conditions, describes existing and future housing needs, and identifies opportunities for improving and expanding the City's housing supply. In addition to the Housing Element update, the City is required by State law to prepare afocused update to its Public Safety Element. Recent State legislation also requires that the City address the addition of Environmental Justice (EJ) policies 3 Rosemead City Council Regular Meeting Agenda January 11, 2022 when two or more elements of the General Plan are updated. New EJ policies have been incorporated within the Public Safety Element update. Recommendation: That the City Council take the following action: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Resolution No. 2021-66, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 20-01 ADOPTING THE CITY OF ROSEMEAD 2021-2029 HOUSING ELEMENT, PUBLIC SAFETY ELEMENT UPDATE WITH ENVIRONMENT JUSTICE POLICIES, AND ADDENDUM TO THE ROSEMEAD GENERAL PLAN UPDATE FINAL ENVIRONMENTAL IMPACT REPORT, AND THAT THE CITY COUNCIL SUBMIT THE 2021-2029 HOUSING ELEMENT TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR STATE CERTIFICATION; and 3. Authorize the City Manager to make iterative changes to the 2021-2029 Housing Element in response to comments from HCD to support State certification of the 2021-2029 Housing Element. 5. CONSENT CALENDAR A. Claims and Demands • Resolution No. 2022-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,544,892.93 CHECKS NUMBERED 110335 THROUGH NUMBER 110427, DRAFTS NUMBERED 5438 THROUGH NUMBER 5491, AND EFT NUMBERED 50859 THROUGH NUMBER 50895 INCLUSIVELY Recommendation: Adopt Resolution No. 2022-01. 4 Rosemead City Council Regular Meeting Agenda January 11, 2022 • Resolution No. 2022-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $444,531.27 CHECKS NUMBERED 110428 THROUGH NUMBER 110476, AND EFT NUMBERED 50896 THROUGH NUMBER 50901 INCLUSIVELY Recommendation: Adopt Resolution No. 2022-02. B. Second Reading and Adoption of Ordinance No. 1006 - Amending Chapter 8.32 of the City of Rosemead Municipal Code, Retitling Chapter 8.32 to "Solid Waste and Recycling," and Other Clarifying Amendments On December 14, 2021, the City Council introduced for first reading Ordinance No. 1006, which amends Municipal Code Chapter 8.32, retitling chapter 8.32 to "Solid Waste and Recycling", and other clarifying amendments in response to Senate Bill (SB) 1383. SB 1383, the Short -Lived Climate Pollutant Reduction Act of 2016, requires the City of Rosemead to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations and other clarifying amendments. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food that would otherwise be disposed to be recovered for human consumption. Recommendation: That the City Council approve the second reading and adopt Ordinance No. 1006 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE CITY OF ROSEMEAD MUNICIPAL CODE, RETITLING CHAPTER 8.32 TO "SOLID WASTE AND RECYCLING," AND OTHER CLARIFYING AMENDMENTS C. Adoption of Resolution Relative to the June 7, 2022 General Municipal Election The City Council will consider approving Resolution No. 2022-05, calling and giving notice of holding a General Municipal Election on Tuesday, June 7, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; Resolution No. 2022-06, requesting the County of Los Angeles Board of Supervisors to render specified services to the City related to the conduct of a General Municipal Election on Tuesday, June 7, 2022; Resolution No. 2022-07, adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections; and Resolution No. 2022-08, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election. 5 Rosemead City Council Regular Meeting Agenda January 11, 2022 Recommendation: That the City Council approve the following resolutions, entitled: • Resolution No. 2022-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; • Resolution No. 2022-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR- RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROSEMEAD'S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON JUNE 7,2022; • Resolution No. 2022-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7,2022; and • Resolution No. 2022-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION 6 Rosemead City Council Regular Meeting Agenda January 11, 2022 D. Second Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services — Additional Refuse Services to Achieve Senate Bill 1383 Compliance In September 2016, Senate Bill (SB) 1383 also known as the Short -Lived Climate Pollutants Bill, was signed into law. Under SB 1383, local jurisdictions are required to implement an organic waste recycling program and provide organic waste collection and recycling services to all residential dwellings and commercial businesses within their boundaries. On September 29, 2021, the City Council accepted a proposal from Republic Services to amend the existing Exclusive Franchise Agreement and implement the proposed organic waste recycling program to achieve SB 1383 compliance. The proposed program established by the Second Amendment fulfills the SB 1383 requirements and will work in tandem with the City's SB 1383 Ordinance No. 1006, which was introduced for first reading at the December 14, 2021, City Council meeting and is on the January 11, 2022, City Council Agenda for adoption. Recommendation: That the City Council approve the Second Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services for additional refuse services to achieve SB 1383 compliance, and adopt Resolution No. 2022-04, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES WITH CONSOLIDATED DISPOSAL SERVICE L.L.C., FOR ADDITIONAL REFUSE SERVICES TO ACHIEVE SENATE BILL 1383 COMPLIANCE E. Approval of the Traffic Commission Recommendations for a Red Curb Near the Business Entrances Adjacent to 2239 San Gabriel Boulevard On June 3, 2021, a traffic study with several recommendations was presented to the Traffic Commission to improve the existing parking conditions near the business entrances adjacent to 2239 San Gabriel Boulevard. After discussion and presentation of the item, the Traffic Commission approved the staff recommendations for the area. Public Works Field Services staff will complete all the recommended items. If necessary, additional materials and supplies may be purchased at a minimal expense to complete the recommended work, and staff may utilize the approved Fiscal Year 2021-2022 Traffic Signs & Markers available funds. Recommendation: That the City Council authorize approval for the following measures near the business entrances adjacent to 2239 San Gabriel Boulevard: 7 Rosemead City Council Regular Meeting Agenda January 11, 2022 1. Install approximately 17 feet of red curb along the northside of Constance Street, between driveway 1 and driveway 2, at 2239 San Gabriel Boulevard, per CAMUTCD Section 3B.19. a. The installation of a red curb to the east of this business driveway 1 will help prevent vehicles from blocking access to both of the driveways. 17 feet is less than the recommended space of 19' to 20' for a parked car. There will still be 46 feet of available curb space west of the business driveway for vehicles to park. 2. Install approximately 10 feet of red curb along the northside of Constance Street, just east of the business driveway 2 at the NW comer of Constance Street and San Gabriel Boulevard, per CAMUTCD Section 3B.19. a. The 10 feet of a red curb is essentially in the curve of the corner and any parked vehicles should not be parked there. The installation of a red curb in this location will prevent vehicles from blocking access to the business driveway as well as being an obstacle to vehicles making a right turn into the street. 3. The existing field review found that there is an existing green curb painted on the opposite side of Constance Street between the curb return and stop sign (approximately 14 feet). It is suggested that this curb should be red and not green, per CVC Section 22500; CAMUTCD Section 3B.19. The Public Works Inspector contacted the Tire Shop located at 8130 Constance Street to inform the business of the change in colored curb. a. Change the curb to red and repaint the 14 feet of curb red, just east of the tire shop driveway located at 8130 Constance Street. The red curb is recommended to be installed along the southside of Constance Street between the corner of Constance Street at San Gabriel Boulevard and the existing Stop Sign. F. Approval of the Traffic Commission Recommendations for a Red Curb at 8834 Garvey Avenue On June 3, 2021, a traffic study with several recommendations was presented to the Traffic Commission to improve visibility for vehicles exiting the driveway at 8834 Garvey Avenue. After discussion and a presentation of the item, the Traffic Commission approved the staff recommendations for the area. Public Works Field Services staff will be able to complete all the recommended items. If necessary, additional materials and supplies may be purchased at a minimal expense to complete the recommended work, and staff may utilize the approved Fiscal Year 2021-2022 Traffic Signs & Markers available funds. Recommendation: That the City Council authorize approval for the following measures at 8834 Garvey Avenue: 1. Install approximately 24 feet of red curb along the southside of Garvey Avenue, just west of the mobile home neighborhood's driveway located at 8834 Garvey Avenue, per CAMUTCD Section 3B.19. 8 Rosemead City Council Regular Meeting Agenda January 11, 2022 a. The installation of a red curb to the west of the driveway will improve the line of sight from vehicles exiting the driveway. This will remove approximately 1 parking space and will leave 36 -feet of available curb space for vehicles to park along the southside of Garvey Avenue, west of the mobile home neighborhood's driveway. 6. MATTERS FROM CITY MANAGER & STAFF A. COVID Update This is a recurring item that will be on the agenda to update the City Council on items related to COVID-19. Recommendation: That the City Council discuss and provide further direction. 7. MATTERS FROM MAYOR & CITY COUNCIL A. Discussion of an Ordinance, Amending Section 2.08.070 B of the Rosemead Municipal Code Relating to the Chief of Police Council Member Armenta requested that the following item be added to the City Council agenda. Upon the City's incorporation in 1959 initial ordinances of the City were adopted by the first City Council. Over time changes occur which may necessitate the Council to make amendments to the Municipal Code to properly reflect the status of certain matters. In the present case, the City's provision of law enforcement is provided by contract approved by the City Council with the Los Angeles County Sheriffs Department and not by an internal City Police Department with a City employed Chief of Police. The proposed Ordinance would amend the Municipal Code to remove reference to the position of Chief of Police as falling under the City Manager as stated in Section 2.08.070 B to further clarify the current status. The current code section 2.08.070 B provides that the City Manager shall have the power to: B. To appoint, promote, discipline, demote and remove the Chief of Police, all heads of departments, and all subordinate officers and employees of the City except the City Clerk and the City Attorney; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his or her jurisdiction; The proposed Ordinance would remove the language shown in strike out below: B. To appoint, promote, discipline, demote and remove 414A OgiA4: 4 Poli a, all heads of departments, and all subordinate officers and employees of the City except the City Clerk and the City Attorney; to transfer employees from one department to 9 Rosemead City Council Regular Meeting Agenda January 11, 2022 another; and to consolidate or combine offices, positions, departments or units under his or her jurisdiction, Recommendation: That the City Council discuss and determine whether to bring back for introduction and adoption an ordinance, amending section 2.08.070 of the Rosemead Municipal Code relating to the Chief of Police. B. Continued Discussion of City Seal on City Vehicles At the December 14, 2021, City Council meeting, this item was tabled to the next meeting to continue discussion pending information. This item is regarding the City seal on City Vehicles. Recommendation: That the City Council discuss and provide direction. C. Council Comments F.31000XV13rolul:\O \ The next City Council meeting will take place on January 25, 2022, at 7:00 p.m. in the Rosemead City Hall Council Chamber. POSTING AFFIDAVIT I, Ericka Hernandez, City Clerk, or my designee, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted seventy-two hours prior to the meeting, per Government Code 54954.2, at the following locations: City Hall, 8838 East Valley Boulevard; Rosemead Community Recreation Center, 3936 N. Muscatel Avenue; Garvey Community Center, 9108 Garvey Avenue; Public Safety Center, 8301 Garvey Avenue, United States Post Office, 8845 Valley Boulevard; Rosemead Library, 8800 Valley Boulevard; and on the City's website (www.cityofrosemead.org) 25� January 6, 2022 Ericka Hernandez, City Clerk Date 10 Rosemead City Council Regular Meeting Agenda January 11, 2022 MEETING SCHEDULE: Beautification Commission - CANCELLED 4 Wednesday, January 12 @ 7:00 p.m. Planning Commission Meeting - CANCELLED 4 Monday, January 17 @ 7:00 p.m. City Council Meeting 4 Tuesday, January 25 @ 7:00 p.m. Public Safety Connections Meeting - CANCELLED 4 Thursday, January 27 @ 6:00 p.m. VOLUNTEER FOR THE 2022 HOMELESS COUNT Join us on Tuesday, January 25th, to volunteer for the 2022 Greater Los Angeles Homeless Count, the annual census that counts our neighbors ex - Greater periencing homelessness in need of our support. Our top priority is to have every volunteer engage 'Momeaningfully and safely during the Count. Sites will follow public health and social distancing guidelines. For more information and to register, please visit https://www.theycountwillyou.org/rosemead—count-20220125 CITY HALL WILL BE CLOSED MONDAY_ JAN 17TH IN OBSERVANCE OF MARTIN LUTHER KING JR. DAY. WE WILL RESUME BUSINESS ON TUESDAY, JAN 18TH. TEMPORARY CLOSURE OF ALL CITY FACILITIES: Temporary Closure of all City Facilities Beginning January 4, 2022 all City facilities will be closed to the public due to increased COVID-19 cases throughout the City and County. While all of our City facilities will remain temporarily closed, we will continue to provide all essential City functions on an appointment basis only. In addition, all Commission and community meetings scheduled in the month of January 2022 have been cancelled. We will re-evaluate the situation on January 17th, and provide the public with an update. For more information, please visit the City's website at www.cityofrosemead.org or to make an appointment, call City Hall at (626) 569-2100. LA COUNTY HOME TEST KITS Los Angeles County is offering a Home Test Collection program to all p residents with an at-home testing nasal swab kit. They are provided at no cost if you meet the following criteria: have developed COVID-19 � symptoms or think you were exposed to COVID-19. For more information or to sign up for this program, please visit https://covidl9.lacounty.gov/la-county-holiday-home-test- collection-program/ Please continue to stay informed and follow all recommenda- tions from our County and Public Health Officials by visiting: 4 https://covidl9.lacounty.gov; and 4 http://www.publichealth.lacounty.gov