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CC - Item 4A - Minutes 11-20-07• 0 Minutes of the Special Meeting ROSEMEAD CITY COUNCIL November 20, 2007 The special meeting of the Rosemead City Council was called to order by Mayor Tran at 7:05 pm in the Council Chambers of City Hall, at 8838 E. Valley Boulevard, Rosemead, California. The pledge to the flag was led by Councilmember Polly Low and the invocation was delivered by Councilmember Gary Taylor. ROLL CALL OF OFFICERS: Present: Councilmembers Clark, Low, Taylor, Mayor Pro Tern Nunez and Mayor Tran Absent: None 1. PRESENTATIONS A. Savannah Cemetery/Halloween Oktoberfest Presentation Randy Wiggins, president of Savannah Cemetery, accepted checks presented to him by the City Council and the Moose Lodge. Mr. Wiggins spoke on the history of Savannah Cemetery and its legacy. Mr. Wiggins thanked the Council for their support. B. Association of Los Angeles Deputy Sheriffs' (ALADS) Presentation to City Council ALADS presented City Council with a plaque and appreciation for the City's on going support for providing quality public safety services. C. Proclamation to Soroptomists Proclamation was presented to the Soroptomists club for their work on breast cancer awareness. Lisa Yen, President of Soroptomists International of Rosemead and Monterey Park, expressed her gratitude towards the residents, city staff and City Council for their efforts to raise breast cancer awareness. Councilmember Clark expressed her appreciation of the Soroptomist club and all their efforts. D. Presentation: Team Member George De La Torre Returns From Iraq Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 1 of 18 • • John Scott, Park Superintendent, celebrated George De La Torre's homecoming from Iraq. John expressed his admiration for George's bravery, consideration, quick disposition and strong ethics. George De La Torre spoke in regards to the soldiers still in Iraq, thanked Council for welcoming him back home and at work. All Council members presented a Certificate and a gift basket of appreciation from Jean Scott to George De La Torre. Each Councilmember thanked and welcomed back George for his hard work and dedication to our city and Country. 2. PUBLIC HEARINGS A. Property Maintenance Ordinance No. 854 - First Reading On August 28, 2007, the City Council was presented with a draft property maintenance ordinance. Based upon the comments made by the City Council at that meeting, staff researched and revised the ordinance to address the issues that were raised. The revised ordinance was presented to the City Council at the September 11, 2007 City Council meeting. During the meeting, there were several additional issues raised by the City Council including providing a comparative analysis of the City's existing procedures and regulations with the proposed procedures and ordinance. Ultimately, the City Council requested that a study session be held to discuss the proposed ordinance and existing method of code compliance. On September 25, 2007, the City Council held a study session to discuss the proposed property maintenance ordinance in comparison to existing City regulations and procedures. Based upon input from the City Council during that study session, staff has revised the proposed property maintenance ordinance to address the Council's concerns. The ordinance as well as Chapter 99 of the Building Code is included with the staff report for the City Council's reference. Recommendation: That the City Council approve Ordinance No. 854 on first reading. Mayor Tran opened public hearing at 7:32 p.m., there being no speakers, the public hearing for item 1A closed at 7:33 p.m. Councilmember Clark and Councilmember Taylor thanked staff for correcting and updating the Property Maintenance Ordinance that was requested in the previous meeting. Rosemead City Council Minutes Special Meeting. November 20, 2007 page 2 of 18 • 0 Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve Ordinance No. 854 on first reading. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. General Plan Amendment 07-04, Zone Change 07-227, Design Review l 07-146 and Conditional Use Permit 07-1101 Located at 9800-9804 Valley Boulevard Mr. Leo Wu has submitted applications for a General Plan Amendment, Zone Change, Conditional Use Permit and Design Review for approval of a 6,226 square-foot retail/office building on three adjoining parcels. Two of the three parcels fronting Valley Blvd. are currently zoned C-31D Medium Commercial with a Design Overlay) and designated "Commercial" by the City's General Plan. The third parcel lies on the south of the subject property, currently zoned R-1 (Single Family Residential zone) and is designated "Low Density Residential" by the General Plan. Recommendation: That the City Council ADOPT Ordinance No. 857, thereby APPROVING General Plan Amendment 07-04, Zone Change 07- 227, Conditional Use Permit 07-1101, and Design Review 07-146, subject to the attached conditions. Mayor Tran opened public hearing at 7:37 p.m. Jim Flournoy, residing at 8655 Landis View, expressed his concerned with two ongoing projects within the City. Mr. Flournoy felt that two specific ongoing projects had some CEQA problems and asked that staff look into it. (Showed graph to staff) Leo Wu, from Leo Wu & Associates Architects, asked Council to support this project. Mr. Wu stated he would be accessible for any questions they might have in the future or concerns regarding this particular project. There being no other speakers, public hearing for item 1 B closed at 7:44 p.m. Councilmember Taylor made a motion, second by Mayor Pro Tern Nunez to approve Ordinance No. 857 on first reading. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 3 of 18 • • C. General Plan Amendment 05-01, Zone Change 05-221, Conditional Use Permit 05-960, Zone Variance 04-325, Planned Development Review 05-02, and Tentative Tract Map 061336 Located at 3212-3232 Del Mar Avenue Mr. Patrick Yang has submitted applications to develop a new four-story mixed use development consisting of 36 residential condominium units above 11,505 square feet of commercial/retail/restaurant space on four .vacant parcels totaling 1.28 acres. The subject site is located on the east side of Del Mar Avenue between Dorothy Street and Emerson Place. The General Plan designation is Mixed Use Commercial/Residential. Three of the four parcels are zoned C-3D (Medium Commercial with a Design Overlay), while the most southerly parcel is zoned C-3 (Medium Commercial). Recommendation: That the City Council ADOPT Ordinance No. 858, thereby APPROVING General Plan Amendment 05-01, Zone Change 05- 221, Conditional Use Permit 05-960, Zone Variance 04-325, Planned Development Review 05-02, and Tentative Tract Map 061336, subject to the attached conditions. Mayor Tran opened public hearing at 7:45 p.m. Jim Flournoy turned in graphs to Council regarding fault locations to some city project occurring at the moment. Mr. Flournoy reiterated that any project near any earthquake faults must have specific building permits. There being no other speakers, public hearing for item 1 C closed at 7:48 p.m. Councilmember Clark asked staff how this project would affect parking for residents and how would it be structured. Michael Sun, Architect for the project explained that the parking for residents would be an underground parking lot. Councilmember Clark had concerns with the over building of the project and the parking structure. Mrs. Clark expressed that two spaces per condominium, is asking for trouble, such as traffic problems. Problems will occur if the General Plan Amendment is allowed. However, the roof garden is a good idea yet, the open space that would be used for children to play in, is not practical. Councilmember Taylor reiterated what Councilmember Clark had stated about the parking structure. Reading parts of the staff report, he stated a zoning variance has been requested to allow deviation from the height requirement into the PD zone when adjacent to existing residentially zoned property and when buildings encroach into the twenty degree plane restriction. The City has development requirements where Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 4 of 18 0 multistory high walls cannot be built next to homes without complying to the 20% plane rule. Government code section 65915 mandates that a city must grant up to 35% density bonus and up to three incentives in order to minimize stringent development requirements. Mr. Taylor explained this project would allow the reduction of parking space from 10 feet by 20 feet to 9 feet by 20 feet. He also stated when you have these high developments, you take away the very intent that we are trying to keep lower traffic congestion, and congestion of the properties with high density housing. A general plan amendment is required to allow for an increase in property density greater than 14 units per acre. The general plan update will allow up to 30 units per acre. There are now four or five more (projects) on the drawing boards right now coming in for the permit process. Mr. Taylor stated he cannot support the project. Mayor Tran inquired how they could not support this General Plan Amendment, when there was no problem supporting the Wal-Mart project and the traffic that came along with it. Mr. Tran feels there is a lot of inconsistency, and this project is an improvement to the community. Rather than having am empty lot, this project would generate revenue. Councilmember Clark pointed out that Wal-Mart was on a vacant lot. Mayor Pro Tern Nunez explained that by approving the General Plan Amendment some inconsistencies can be improved. Councilmember Clark made a motion to deny the staff recommendation and make changes to the General Plan Amendment regarding the sale of condominiums to families of moderate income and changing it to families of low income. Councilmember Taylor second Councilmember Clark's motion to deny the recommendation. Also, Mr. Taylor asked Assistant City Manager Brian Saeki how wide the parking lot was behind Comfort Suites. Assistant City Manager Saeki responded that he guessed at about 70 feet. Councilmember Taylor asked that staff verify the distance to determine if the building does encroaches into 20 degree plane from the property line. City Planner Matt Everling, demonstrated pictures where council viewed the proposed height of the building. The building would be in compliance to what the General Plan is asking for. The Zone change is currently a C-3, commercial zone, but the code records a change of zone to P-D to allow for the Mixed Use. Mayor Tran made a substitute motion, second by Councilmember Low to approve the recommendation as stated. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Rosemead City Council Minutes Special Meeting.' November 20, 2007 Page 5 of 18 0 0 Abstain: None Absent: None 3. PUBLIC COMMENT FROM THE AUDIENCE Joanne Russell, residing at 2434 N. Charlotte Ave, spoke on behalf of Barbara Murphy, a Rosemead resident, who hopes Council will approve the city wide rummage sale. Jim Flournoy, spoke about mitigation procedures and mentioned that he had submitted a previous CPRA. Mr. Flournoy submitted a past CPRA list to Council for review only. Councilmember Clark asked that staff please clarify on Mr. Flournoy's comments. City Planner Mr. Everling explained he has spoken with City Attorney George Yin and Willdan as to where the Seismic reports are. Mr. Everling also mentioned how they have been working with Mr. Flournoy in revising the environmental check list. Assistant City Manager Mr. Saeki also added that while meeting with Mr. Flournoy and Ken Wilson, a certified geologist, a layer of review has been added. The reports are certified by a registered civil engineer, and now an additional review by a geologist takes place. 4. CONSENT CALENDAR B. Resolution No. 2007- 45 Claims and Demands Recommendation: Adopt Resolution No. 2007-45, for payment of City expenditures in the amount of $1,716,844.98 numbered 58744 through 58792 and 60858 through 60994. C. Award Copy/Scan/Fax Machine Contract The City last acquired new copy machines approximately seven years ago. Under typical use and maintenance, copy machines have a service life of five years. As a result, Ricoh Americas Corporation, the manufacturer of our machines, is no longer manufacturing parts or toner. We were recently informed, significant hardware failure, Based upon this information equipment. that in the event one of our machines has parts will likely not be available for repair. , staff solicited written bids for new copy Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 6 of 18 Recommendation: That the City Council award the contract for Copy Machine Services to Ricoh Americas Corporation and authorize the City Manager to sign any necessary documentation. D. Support Letter for Rivers and Mountains Conservancy Grant Application - Sierra Club Angeles Chapter The Sierra Club Angeles Chapter has undertaken efforts to purchase the Montebello Hills and preserve the area as protected open space. If successful, this effort would help preserve the watershed area between the Rio Hondo Channel and Los Angeles River and provide a natural corridor for native habitat. Members of the local Sierra Club chapter have asked that the City of Rosemead draft a letter to show support for a grant application to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC). Recommendation: That the City Council support efforts for the purchase of the Montebello Hills and authorize the Mayor to sign the attached letter on behalf of the City Council. E. Appropriation of Funds for Football Helmet Replacement for the Rosemead Rebels Youth Football Association The Rosemead Rebels Youth Football Association ("The Rebels") submitted a request to the City Council for $20,000 in financial assistance. At the July 17, 2007 Council Meeting the City Council approved financial assistance in the amount of $8,356 in FY 2007-08 to be used for football helmet replacement and $8,800 for football helmet replacement in FY2008-09, the request is not budgeted in either year. This report asks City Council to appropriate $8,356 from the unreserved, undesignated General Fund's fund balance and to direct staff to include $8,800 in the FY2008-09 preliminary budget for football helmet replacement. Recommendation: That the City Council approve an appropriation addition of $8,356 in the Community Promotions, Community Contributions account (4200-6320-Fund01) for football helmet replacement for The Rebels using unreserved, undesignated General Fund's fund balance and direct staff to include another $8,800 in the FY2008-09 preliminary budget for football helmet replacement for The Rebels. F. Maintenance Truck Purchase Recently, Unit #9 in the Rosemead Parks and Recreation maintenance motor fleet has become inoperable. This vehicle has been in service for over nineteen (19) years and is used as part of the City's maintenance Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 7 of 18 and mowing functions. Purchasing a comparable replacement vehicle is the most viable option at this point, as the cost to repair Unit #9 exceeds the total value of the truck. The City Council recently approved the purchase of a similar vehicle for the Field Services Division. As part of that purchase, staff sent requests for proposals to twelve GMC/Chevrolet Dealerships and received three bids from the following: Scott GMC, El Monte Truck Center, El Monte $36,700 Rio Rancho GMC, Pomona $38,500 Selman Chevrolet, Orange $41,400 Recommendation: That the City Council authorize the purchase of a second identical maintenance vehicle from Scott GMC to replace Unit #9 based upon the result of the bids received for the vehicle purchase for the Field Services Division. Funds were budgeted for FY 2007-08 to purchase the vehicle. G. Release of Bond - Parcel Map 65099 3220-3226 Delta Avenue A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of a sewer lateral and installation of survey monuments for Parcel Map 65099. In lieu of bonds, a Cash Deposit was submitted to the City in the amount of $9,300 Recommendation: That the City Council accept the sewer lateral and survey monuments and refund the Cash Deposit including interest. H. Release of Bond - Parcel Map 27139 9306 Guess Street A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of a sewer lateral, driveway and parkway drain, and planting of a parkway tree for Parcel Map 27139. In lieu of bonds, a Certificate of Deposit was submitted to the City in the amount of $6,000. Recommendation: That the City Council accept the public improvements and release the Certificate of Deposit. 1. Request for Traffic Improvements on Walnut Grove Avenue at Dorothy Street Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 8 of 18 0 0 At the October 4, 2007 Traffic Commission meeting, the Commission discussed and recommended the installation of pavement markings, related signage and red curb on Walnut Grove Avenue at Dorothy Street to address left-turn movement concerns. Recommendation: That the City Council approve the plan to install "Keep Clear" pavement markings, limit lines, advanced intersection warning sign, and "Do Not Block" intersection signs for northbound Walnut Grove Avenue at Dorothy Street; add an advanced intersection warning sign and extend/add red curb on the west side of Walnut Grove Avenue north and south of Dorothy Street; and direct staff to order the work J. Development Plan and Schedule for Sewer System Management Plan In accordance with the State Water Resources Control Board's Order No. 2006-0003-DWQ, the City is required to develop and implement a Sewer System Management Plan (SSMP) to properly manage, operate, and maintain all parts of the sanitary sewer system, and mitigate any sewer overflows that may occur. Recommendation: That the City Council approve the Development Plan and Schedule for completing all the required elements of the Sewer System Management Plan. M. Approval of Specifications and Authorization to Solicit Bids for City Transit Services The City of Rosemead offers residents a public transportation program that includes curb- to-curb and fixed route shuttle services. In analyzing the City's transportation program, staff found that these services had not gone out to bid in approximately eleven years. Typically these services are bid more frequently, usually occurring every five to seven years. Bidding transit services helps cities take advantage of emerging technologies and allow them to better tailor marketing programs to residents. Issuing a Request for Proposal will allow the City to access a competitive market for transportation services, improve service levels, and ensure that City residents are provided with the highest quality of services available. Recommendation: That the City Council take the following action: 1) Approve the attached specifications for transportation services. Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 9 of 18 2) Authorize staff to solicit bids from the attached list of qualified transit service providers. 3) Authorize the City Manager to execute a two-month contract extension with the current service provider, Laidlaw/First Transit, to provide a time to complete the procurement process. N. Request for. Striping Changes on Encinita Avenue at Mission Drive At the July 5, 2007 Traffic Commission meeting, the Commission discussed and approved a plan to change the striping pattern and curb markings on Encinita Avenue at Mission Drive. This change entails installation of red curb at 4106 Encinita Avenue. Recommendation: That the City Council approve the Traffic Commission's recommendation to change the striping pattern on Encinita Avenue at Mission Drive and the installation of red curb at 4106 Encinita Avenue, and direct staff to order the work. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve consent calendar items B,C, D, E, F, G, H, I, J, M and N. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None A. Resolution No. 2007- 43 Claims and Demands Recommendation: Adopt Resolution No. 2007- 43, for payment of City expenditures in the amount of $1,558,235.74 numbered 58697 through 58743 and 60720 through 60857 Councilmember Clark asked City Attorney Bonifacio Garcia about his billing charges to the City for the month of July. City Attorney Bonifacio Garcia responded that it was an itemized bill submitted to the C ity. Councilmember Taylor asked for a copy of the billing for the month of July. Councilmember Clark asked why was GCR involved with planning issues, if that is why Burke, Williams & Sorenson were hired. Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 10 of 18 City Attorney Bonifacio Garcia responded that the Burke firm handles the Redevelopment and GCR handles the City meetings as well as Planning because it is part of the City. Councilmember Clark expressed that Planning deals with land use issues and should be handled by Burke, Williams & Sorenson. Councilmember Low made a motion, second by Mayor Pro Tern Nunez to adopt Resolution No. 2007-43. Vote resulted in: Yes: Low, Nunez, Taylor, Tran No: Clark Abstain: None Absent: None K. Community Outreach Programs Recently, staff has been working to coordinate the development of a variety of community outreach programs. Those efforts include the update of the City website and the implementation of a variety of informational items. The current City website has the ability to provide contact information, list upcoming events, make available City Council and commission agendas and post documents that are in a PDF format. The website is fairly static and does not support the capabilities of being interactive. The City is very limited in what it can provide through the website because of the format it was created in. During the last budget cycle, City Council approved the appropriation of $90,000 in order to create a new website, of that amount $50,000 is budgeted through the Community Development Commission and the remaining $40,000 is budgeted through the City's general fund. Staff has talked to several vendors and cities and we believe that Vision Internet is the most qualified, experienced and innovative company that specializes in municipal websites. Also, as part of our efforts to provide residents with more information on a timelier basis, more accessible information and provide residents with different mechanisms for submitting input to the City regarding various topics, issues, programs and services, staff has researched and is proposing a number of community outreach programs. These proposed programs include a bi-monthly City newsletter, the development of Rosemead City Council Minutes Special Meeting: November 20, 2007 Page I I of 18 • 0 Rosemead University Citizens Academy, resident information guide, business appreciation programs, which would include welcoming new businesses, citizen comment feedback, coffee with council and pizza with council. These are just a few of the community outreach and public relations programs staff recommends implementing during the next few months. Recommendation: That the City Council take the following action: Authorize the City Manager to enter into a contract agreement with Vision Internet for the development and launch of a new City website. • Approve the proposed community outreach and public relations programs. Councilmember Taylor asked City Manager Chi, what was wrong with the current website, why is it necessary to spend $85,000 for a new site. City Manager Chi explained that the current City web site has many limitations such as postings, storage capacity, inability to have interactive features, inability to link to different software's, inability to registration for classes, submit payments, and does not support other capabilities. Councilmember Low commented that the current website is okay, but would rather see a new interactive website for the City. Ms. Low felt that by having an interactive site, the City will have a better representation with the public. Councilmember Clark asked why the new staff could not create a new website. Since Council approved the budget to hire new staff, they should be able to perform this task. Adding, this is another way of spending the City's reserves. City Manager Chi explained that the new Public Affairs Manager is responsible for the website; however, the current website has limited capabilities. The purchase of the program is a one time purchase. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve item K. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 12 of 18 • 0 Councilmember Clark asked if one of the programs, the Rosemead University Citizens Academy be changed to Rosemead Citizens Academy. City Manager responded that it would not be a problem to change the name. L. City Council Chambers Building Modifications - Rejection of All Bids As part of the City's Fiscal Year 2007-08 Capital Improvement Budget, the City Council approved a project to renovate the City Council Chambers. This project will include modernization work, upgraded access for disabled persons, and improved audio visual technical equipment. On October 31, 2007, bids were received and reviewed for the project. Recommendation: That the City Council: 1) Reject all bids. 2) Request the architect to revise the plans and specifications as needed. 3) Direct staff to advertise the revised project for bid. Councilmember Taylor asked for these items to get deferred. Mr. Taylor wanted to view the proposals and bring back at the next meeting. Councilmember Low asked why all bids are being rejected. City Manager Chi explained that 6 out of 10 bidders were irregular on the bids that were submitted. During the review of the submittals, staff found there were discrepancies. Also, two addendums were sent to the bidders and not all issues were addressed in the bids. Councilmember Low made a motion, second by Councilmember Clark to accept the recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: None Abstain: Taylor Absent: None Councilmember Taylor asked staff to explain what it meant when the contractor is performing at least 50% of the contract, as it is stated in the report. City Manager Chi responded to Mr. Taylor that they will gather all the information necessary to give to him. 5. MATTERS FROM CITY MANAGER & STAFF City Manager Chi had several announcements. Mayor John Tran's birthday, Mayor Pro Tern Nunez also celebrated his birthday a week ago. Also, Juan Nunez and his wife, Rosemead City Council Minutes Special Meeting:.Movember 20, 2007 Page 13 of 18 • • Rosemead residents were celebrating their 50`h wedding anniversary. Following the introductions of new staff, Assistant City Manager, Matt Hawkesworth; City Planner, Matt Everling; Administrative Service Officer, Chris Marcarello; Public Affairs Manager, Aileen Flores, and Finance Director, Steve Brisco. Also, announced City Engineer Rey Alfonso had accepted a new position with another city. 6. MATTERS FROM MAYOR & CITY COUNCIL A. City-Wide Rummage Sale After the success of the Halloween Oktoberfest, an event that helped bring together thousands of residents and visitors, community members asked staff to consider the possibility of hosting a community-wide yard sale. In addition to providing residents with another community event, a city- wide rummage sale would help divert used items that have accumulated throughout the years from ending up in landfills. Items that are not purchased would be donated to local non-profit organizations in Rosemead, enabling them to benefit from this event. The proposed event is tentatively scheduled for Sunday, March 30, 2008 from 8:00 am to 1:00 pm at the Rosemead Community Center and the City Hall/Library parking lots. A total of 184 spaces would be rented for $10 a space, with priority given to Rosemead residents. Rosemead-based non-profit organizations selling items to benefit their organization would not be charged a rental fee. If the spaces are not sold out by a specific date, the spaces would then be rented to non-Rosemead residents for $15 a space. Those renting a space for the rummage sale would be responsible for bringing their own equipment such as E-Z up-type tents, chairs, tables, etc. The event will include food booths on Steele Street, just south of Bank of America and two children's jumpers would be placed on the grass area of the Rosemead Center. The cost of the event would include the rental of booths for the food vendors, portable restrooms and jumpers in addition to the cost of health permits for the food booths, staff time, security, advertisement, and generators. The city could potentially collect $1,800 from space rental fees, which would help pay for the cost of some of the items above. Recommendation: That the City Council take action on the following: • Direct staff to coordinate a City-wide Rummage Sale. • Allocate $3,000 to fund costs associated with coordinating a City- wide Rummage Sale. Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 14 of 18 • 0 Councilmember Low made a motion, second by Mayor Pro Tern Nunez to accept item 6A. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None B. Traffic Commission Vacancy Traffic Commissioner Janet Chin recently resigned from the Traffic Commission effective December 14, 2007, as a result of being elected to the Garvey School District Board. Therefore, the Traffic Commission has one vacant seat that needs to be filled. Recommendation: That the City Council provide staff with direction as it relates to filling the Traffic Commission vacancy. Councilmember Taylor asked if this was the normal posting for interviews. Councilmember Low asked if the possibility of calling past interviewers of Traffic - Commission be considered. Ms. Low considered Brian Lewin as a potential candidate. City Attorney Bonifacio Garcia responded that the Council can appoint a new commissioner in an open session meeting or post the vacancy first then give notice. Mayor Tran asked if the council has done it before when Bob Bruesch retired. Councilmember Low made a motion, second by Mayor Pro Tern Nunez to direct staff to inquire if Mr. Lewin is interested in serving on the Traffic Commission. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Abstain: None Absent: None Councilmember Taylor wanted the record to show that he is not opposing Mr. Lewin's candidacy. He stated that there is a posting obligation when a vacancy occurs and should be open to other applicants. Mayor Pro Tern Nunez made a comment in regards to Mr. Bruesch retirement and another person took his place. Councilmember Taylor asked when it took place. Mayor Tran stated when Mr. Buesch retired, instead of going through due process you appointed Mr. Alarcon. Rosemead City Council Minutes Special Meeting. Movember 20, 2007 Page 15 of 18 • • Mayor Tran asked staff to get minutes regarding Mr. Bruesch appointment. C. Abandoned Shopping Carts On October 9, 2007, the City Council directed staff to prepare an overview of the City's efforts in dealing with abandoned shopping carts. The overview was to include what we are currently doing and what changes should be made, if any, to be more proactive in addressing abandoned shopping carts in Rosemead. Recommendation: That the City Council review this report and provide staff with direction regarding additional shopping cart removal efforts. Marlene Shinen, residing at 8447 Drayer Lane, So. San Gabriel, read a letter regarding the shopping cart issue. Ms. Shinen submitted pictures of carts that people have taken from Wal-Mart. Recommends that city should fine Wal-Mart, for allowing the shoppers to take the carts out of their property. Councilmember Low stated she did not feel the City has done a good job in picking up carts and should continue to clean up abandoned shopping carts within the City. City Manager Chi has spoken to Wal-Mart and will try to talk to them regarding the carts. Councilmember Clark asked if the Council would send a letter to Wal-Mart about the shopping carts. Councilmember Taylor asked Ms. Shinen what the pictures are about. Marlene Shinen clarified that not only are the shopping carts from Wal-Mart but also, from other stores. Councilmember Taylor asked is staff still picks up the carts and who keeps track. City Manager Chi explained that parking enforcement officers pick up carts on their route and take them to a designated area where the cart company picks them up. The Public Safety Department keeps track of the carts and who they belong to. Councilmember Taylor asked if he could get copies of those reports. Councilmember Clark asked staff if the city received any money from picking up shopping carts. City Manager Chi responded that the City does not receive any money for picking up shopping carts. Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 16 of 18 Mayor Pro Tern Nunez reiterated that parking enforcement picks up the carts on their route. Council recommended that staff bring new ideas for the shopping cart issue and receive and file report. D. Stop Sign and Crosswalk on Jackson Avenue at Whitmore Street At the October 9, 2007 City Council meeting, the Council approved a plan for the installation of stop signs and a crosswalk at Jackson Avenue and Whitmore Street and directed staff to carry out the installation. The traffic controls were installed on October 30, 2007. However, Mr. Andy Loi, who resides at 3120 Jackson Avenue, has expressed his concerns that the new stop sign installed immediately north of his driveway has created an unsafe condition for his family. Recommendation: That the City Council provide guidance with regards to Mr. Loi's concerns. Nancy Eng, residing at 3146 Jackson Ave, thanked council for their efforts of installing a stop signed on Jackson and Whitmore. However, there are concerns that her neighbor Mr. Loi is experiencing traffic problems. Ms. Eng'suggested.that the stop signed be relocated, paint speed bumps, and/or make cross walk more prominent. Howard Matter, residing at 3114 Jackson Ave, expressed his concerns of the stop sign. He felt the stop sign is a hazard at that location and there needs to be traffic enforced as well. Andy Loi, residing at 3120-3122 N. Jackson Ave, spoke in regards the stop sign. His property has become congested with traffic on many occasions traffic has prevented him from going in or out of his own drive way. Mayor Tran clarified that Council had approved that stop sign and apologized to Mr. Loi for the inconvenience. Councilmember Low agreed and asked if staff needs to check with Traffic Engineer. City Manager Chi asked council to allow staff to bring back ideas of improvements for their review. Councilmember Taylor made a motion, second by Mayor Tran to refer back to Traffic Engineer and bring back for next meeting. Vote resulted in: Yes: Low, Nunez, Taylor, Tran Rosemead City Council Minutes Special Meeting:.Movember 20, 2007 Page 17 of 18 • • No: Clark Abstain: None Absent: None E. An Ordinance of the City Council of the City of Rosemead Amending Chapter 9 of the Rosemead Municipal Code to Include Residency Restrictions for Registered Sex Offenders - First Reading On November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, "The Sexual Predator Punishment and Control Act: Jessica's Law" ("SPPCA"), so as to better protect Californians and the children of this State in particular, from sex offenders. Among other things, SPPCA added subsection (b) of Penal Code Section 3003.5 which makes it unlawful for any registered sex offender to reside within 2000 feet of any public or private school, or any park where children regularly gather. In addition, SPPCA added subsection (c) of Penal Code Section 3003.5 which set forth that municipalities may enact local ordinances that further restricts residency of such persons. Recommendation: That the City Council adopt Ordinance 859 Amending Chapter 9 of the Rosemead Municipal Code to include Residency Restrictions for Registered Sex Offenders. Mayor Pro Tern Nunez made a motion, second by Councilmember Low to approve Ordinance 859 Amending Chapter 9. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None 7. ADJOURNMENT The meeting adjourned at 9:44 pm. The next regular City Council meeting is scheduled to take place on December 11, 2007 at 7:00 pm. Respectfully submitted: APPROVED: CITY CLERK John Tran MAYOR Rosemead City Council Minutes Special Meeting: November 20, 2007 Page 18 of 18