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HomeMy Public PortalAboutCity Council_Minutes_1995-02-07_Regular 19951 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 7, 1995 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted February 2, 1995, Mayor Budds called the meeting of the City Council to order at 7:30 p.m. on Tuesday, February 7, 1995. 2. ROLL CALL: PRESENT: Councilmember- Gillanders, Souder, Wilson and Breazeal, Budds ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Community Services Director Chadwick, Financial Services Director Maldonado and Public Services Director Hart 3. The invocation was given by Community Services Commissioner Harry Crump. 4. The Pledge of Allegiance to the Flag was led by Boy Scout Troop 174. 5. CEREMONIAL MATTERS: A. APPOINTMENT OF PLANNING COMMISSIONER Councilmember Wilson moved to adopt Resolution No. 95 -3395, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING APPOINTMENT TO THE PLANNING COMMISSION, seconded by Councilmember Souder and unanimously carried. B. OATH OF OFFICE City Clerk Palmer administered the oath of office to newly appointed Planning Commissioner Larry Brook. C. CERTIFICATES OF RECOGNITION: 2. Mayor Budds presented a certificate of recognition to Harold Oakley, Scoutmaster of Boy Scout Troop #174, in recognition of the troop's resourcefulness, teamwork, and heroic efforts in assisting in rescues during their 1994 long -term backpacking trip in the Eastern Sierras. 1. Mayor Budds presented a certificate of recognition to Temple City Chinese- American Association President Annie Jong and Vice President Joseph Liu in honor of the organization's first year anniversary. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 7. CONSENT CALENDAR: Mayor Pro Tem Breazeal requested Items 7.E. and 7.F. be removed from the Consent Calendar. Mayor Pro Tem Breazeal moved to approve the remainder of the Consent Calendar as presented, seconded by Councilmember Souder and unanimously carried. City Council Minutes February 7, 1995 Page 2 A. APPROVAL OF MINUTES 1. Regular meeting of January 17, 1995 2. Special meeting of January 17, 1995 3. Special meeting of January 30, 1995 4. Special meeting of February 1, 1995 Approved the Minutes from the regular meeting of January 17, 1995, special meeting of January 17, 1995, special meeting of January 30, 1995, special meeting of February 1, 1995, as submitted, with Mayor Budds abstaining from the meetings held on January 17, 1995. B. APPROVAL OF AGREEMENT FOR DESIGN AND EDIT SERVICES FOR THE SPRING AND SUMMER EDITIONS OF THE CITY'S QUARTERLY REPORT PUBLICATION Approved the agreement with Norton/Reese for the spring and summer editions of the City Report and authorized Mayor to sign. C. ZONING CODE AMENDMENT: ORDINANCE NO. 95-772 (2ND READING) RELATIVE TO STREAMLINING THE PERMIT PROCESS Waived further reading and adopted Ordinance No. 95 -772, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE AS WELL AS THE DOWNTOWN SPECIFIC PLAN TO ESTABLISH AN ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR CERTAIN USES. D. PROPOSED MUNICIPAL CODE AMENDMENT RELATIVE TO THE CONDUCT OF FORTUNE TELLING IN CERTAIN ZONES WITHIN THE CITY Introduced for first reading by title only Ordinance No. 95 -774, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO FORTUNE TELLING. G. ACCEPTANCE OF ROAD IMPROVEMENTS FOR 5617 SANTA ANITA AVENUE (TRACT MAP NO. 51173) Accepted road improvements per Los Angeles County Public Works Department's recommendation and released the related security deposit in the amount of $7,650. H. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 95 -773 (2ND READING) REGARDING THE RECLASSIFICATION OF ANIMAL CONTROL VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS Waived further reading and adopted Ordinance No. 95 -773, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 3604 OF THE TEMPLE CITY MUNICIPAL CODE RECLASSIFYING INFRACTIONS AND ALLOWING FOR A PENALTY ASSESSMENT SCHEDULE TO BE ESTABLISHED BY CITY COUNCIL RESOLUTION. RESOLUTION NO. 95 -3393: AUTHORIZING FACSIMILE SIGNATURES FOR THE DRAWING OF WARRANTS AND DEMANDS Adopted Resolution No. 95 -3393, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING FACSIMILE SIGNATURES FOR THE DRAWING OF WARRANTS AND CHECKS. 1 1 1 1 1 City Council Minutes February 7, 1995 Page 3 J. RESOLUTION NO. 95 -3394 APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 95 -3394, allowing claims and demands in the amount of $2,155,672.86. E. CABLE REFRANCHISING Mayor Pro Tem Breazeal asked if staff could handle the refranchising negotiations rather than hiring a consultant. Councilmember Souder expressed concern with not using a consultant. City Manager Riley pointed out that the franchise process can provide some advantages to the City. The consultant the city has chosen is not a law firm, but specializes in franchise negotiations. The fact that a law firm is not being used will be a cost savings. The City Attorney has agreed to assist in the process. He did not feel the process is a lost cause and was hopeful the City could obtain improved services and upgraded equipment through the negotiations. He pointed out one disadvantage is Temple City is a small fish in a large pond, but did not want to be too quick to toss in the towel. Mayor Budds asked what the deadline is for franchising. City Clerk Pahner answered the deadline is June 1995. Councilmember Gillanders asked if this is an exclusive franchise and suggested competition between cable companies would be beneficial. City Attorney Martin said a franchise cannot be totally exclusive but can be parallel. Councilmember Souder said it would be too costly for another cable company to run cables throughout the city. Mayor Pro Tem Breazeal stated there is a 35% penetration in the City. The City Manager has been through this process before and has some expertise in this area. He suggested relying on staff to proceed with the negotiations. Mayor Budds asked what the City has to negotiate with. City Manager Riley said the capital cost of overlapping cable services is what prevents other companies from taking over each others territories. He expressed concern with cable revenue source and one goal would be to preserve the franchise revenue. Cable companies want longer term franchises, and with that in mind the City could obtain other benefits from them in exchange for the long term. In particular the City could require the cable company open an office in the city. Councilmember Souder was concerned with staff beginning the process and then fording that assistance is needed during negotiations. He asked what other cities have franchises expiring this year. City Manager Riley stated he has participated in the process, but did not act as a key negotiator. He said it is important to have some expertise in negotiations with cable company attorneys. City Clerk Pahner said Norwalk is the only city expiring at the same time. City Council Minutes February 7, 1995 Page 4 Mayor Pro Tem Breazeal asked if the City could use the same law firm Norwalk is using to save money. City Manager Riley did not feel it was wise to exclusively use a law firm. He felt consultants provide a strong negotiating background. City Attorney Martin stated the regulations are complex and it would be less time consuming to have a consultant take us through the process rather than have to research each issue as we go along. Mayor Pro Tem Breazeal moved to approve an agreement with Telecommunications Management Corporation in an amount not to exceed $10,700 and authorize the Mayor to sign, seconded by Councilmember Souder and unanimously carried. F. WAIVER OF BUILDING PERMIT FEES - BANDSTAND PROJECT Mayor Pro Tem Breazeal said the waiving of fees was recently addressed by the Council. He did not have a problem with waiving city fees or possibly paying a portion of the cost of constructing the bandstand once the costs are fmalized. Councilmember Souder did not favor the City paying the County fee and asked what other items might be requested by the Bandstand Committee. City Manager Riley stated the County has agreed to waive the plan check fee. The plans have been checked and the permit fee is $684.30. Staff has been meeting with the Bandstand Committee to provide assistance. There may be some additional costs in relocating some utilities. Within a month staff will be able to present the project to the City Council. Councilmember Gillanders supported Mayor Pro Tem Breazeal's comments principally with regard to city and county fees. Mayor Budds asked if the City will determine the location of the bandstand. City Manager Riley stated the bandstand will be located on City property and the City will have input in the location of the bandstand. Mayor Pro Tem Breazeal moved to waive all applicable permit and plan check fees, seconded by Councilmember Wilson and unanimously carried. 8. UNFINISHED BUSINESS: A. PAY STRUCTURE FOR FISCAL YEAR 1995 -96 City Manager Riley presented the background information as outlined in the staff report dated February 7, 1995. Mayor Pro Tem Breazeal asked what the impact would be if not adopted until July 1. Financial Services Director Maldonado said there would be no increase to FY 94 -95. The increase would affect FY 95 -96. 1 1 1 1 1 1 City Council Minutes February 7, 1995 Page 5 City Manager Riley said there is a commitment to ensure adequate job evaluation of all employees. Performance must be exceptional in order to warrant a merit pay increase. Mayor Budds asked if more than one step would be awarded to an individual and questioned the fairness of the system with different supervisors reviewing employees. City Manager Riley said the employee could be recommended for more than one step increase. No increase would be awarded unless outstanding performance can be measured. He would attempt to maintain a standardization among the evaluations and ultimately he would be responsible for all increases. Councilmember Souder asked if Council would have an opportunity to review the policy and what type of training would be provided for managers. City Manager Riley said there would not be much change to the policy. The only change would be the City Manager's involvements in the evaluation process. He also stated training has been scheduled for the middle of March and will emphasize evaluation skills. The policy can be presented to the Council with the changes. Councilmember Gillanders pointed out Council is being asked to approve a seven step pay schedule. Mayor Budds expressed his concern about possible inconsistencies in evaluating employees. He suggested movement of only one step rather than two or more. Mayor Pro Tem Breazeal suggested reducing the steps to five if only one step can be achieved. He stated the Council should first adopt the type of program before implementing the step structure. Councilmember Gillanders said he preferred seven steps. City Manager Riley suggested Council adopt the step structure with the stipulation of one step movement. He explained each position will have specific performance standards since some are very different types of job classifications. Councilmember Souder asked for the history of the three step pay structure. Director Maldonado stated the employee was placed on a six month probation. After completion of the probation the employee moved to the second step. A year from completion of probation the employee moved to the third step. Mayor Budds asked if Council preferred the five or seven step pay schedule, with a merit pay increase not to exceed one step. Council agreed with the seven steps with only one step increases. Mayor Pro Tem Breazeal moved to approve the 7 -step pay structure with maximum one step merit increase per evaluation period in the same position and adopt Resolution No. 95 -3396, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING PERSONNEL RULES AND REGULATIONS FOR FISCAL YEAR 1995 -96, seconded by Councilmember Wilson and unanimously carried. City Council Minutes February 7, 1995 Page 6 9. NEW BUSINESS: A. APPROVAL OF PROPOSED RESIDENT SAFETY VOLUNTEER PROGRAM (RSVP) City Manager Riley presented the background information as outlined in the staff report dated February 7, 1995. Mayor Pro Tem Breazeal said a requirement of minimum hours per week is included in the rules and regulations and asked if this would be strictly adhered to. He asked why personal auto insurance was being required as well as mandatory ride alongs. Public Services Director Hart stated this is a guideline, but some flexibility will be allowed. Accommodations will be made for a volunteer who can only work one four hour slot a week. JPIA stated a liability may arise from volunteers in route to assignment areas in personal vehicles and possibly some times when personal vehicles are used on assignment. The ride alongs provide an opportunity for the volunteer to observe the deputy in a working environment. Mayor Pro Tem Breazeal expressed concern with only four hours of parking enforcement training for RSVP members and asked about follow up training. Director Hart explained the training would consist of 4 hours instruction and handout material which the volunteers will review on their own. More hours may be necessary as well as additional follow up training. Mayor Budds asked what liability the City has if a volunteer is confronted by the angry resident who might become physical. Councilmember Gillanders said the City tree trimmer and recreation leader can be placed in similar types of situations on a day to day basis. City Manager Riley stated cities struggle with this aspect of a volunteer program and have to weigh the pros and cons of the risks associated with a volunteer program. Mayor Budds asked if court appearances would be required for parking tickets. Director Hart explained the administrative process of parking ticket appeals. It is a two step process. He provides the first level of the appeal and the City Clerk provides the second and final level. Mayor Budds requested pick up of shopping carts be added to the RSVP tasks. He asked why membership is being restricted to city residents only. Director Hart said it was a general consensus to involve city residents since they have a vested interest in the community, but the Council may change this requirement. Mayor Pro Tem Breazeal stated in the event of a disaster, it may be advantageous to have RSVP volunteers who work in the city, but may not live in the city. He requested this requirement be removed. Council concurred. Mayor Budds asked how much a background investigation cost and who would be conducting the training. 1 1 1 1 1 1 City Council Minutes February 7, 1995 Page 7 Director Hart stated the cost is about $28 and verifies vehicle license and criminal records. He explained the goal is to have 12 volunteers for the first training which would last a week. He would serve as the coordinator and training would be done evenings and weekends. Administrative Assistant Zylla will also be involved in the training. As additional volunteers apply, they will be trained in groups. The long term goal is to have the volunteers train new volunteers. Mayor Budds expressed concern with the volunteer program coordinator reporting to the Commission rather than an individual. He asked who would be responsible for the management of the program. Director Hart said the Administrative Assistant will be responsible for the program on a day to day basis. City Manager Riley said he would have ultimate responsibility. Mayor Pro Tem Breazeal, referring to the organizational chart, requested the solid line be removed between the Commission and the volunteer coordinator. Mayor Budds asked how staff will determine if the program is successful. He asked if a time limit has been set to evaluate effectiveness and expressed concern with the lack of administrative policies for the program. Director Hart said one way to measure would be the number of citations issued and the revenue received. Criteria could be developed to set measurable goals and a report will be prepared with statistical data on a regular basis. He suggested evaluating the program on an ongoing basis so a determination could be made whether to continue funding the program. Volunteers will not be activated until administrative policies and procedures have been developed. Harry Aronson, 9241 Sparklett Street, expressed appreciation to the Council and staff for their support. Councilmember moved to approve Resident Safety Volunteer Program (RSVP) and program outline, as amended; authorize the Public Safety Commission and staff to initiate implementation phase; approve the proposed RSVP budget for Fiscal Year 1994 -95; appropriate general funds in the amount of $9,945; and amend the current fiscal year budget accordingly, seconded by Councilmember Gillanders and unanimously carried. B. VOLUNTEER COORDINATOR - APPROVAL OF JOB DESCRIPTION AND COMPENSATION City Manager Riley presented the background information as outlined in the staff report dated February 7, 1995. Mayor Budds asked how many volunteers warrant a paid volunteer coordinator and how will the success of the program be measured. He expressed concern that there may only be five volunteers due to a lack of interest and asked if the position would then b e eliminated. City Manager Riley said it is more than just a number. The program will allow a broader use of volunteers. The success of the program will not only be based on the number of volunteers, but also the effectiveness of the program. City Council Minutes February 7, 1995 Page 8 Mayor Pro Tem Breazeal felt the volunteer areas should be better defined before approving a position. Councilmember Wilson agreed and suggested staff identify these areas. She objected to the education qualifications for the position and said a knowledge of computers should be required. Councilmember Gillanders concurred with staff's recommended education requirements. Community Services Director Chadwick stated he could provide more detail as to what volunteers are currently assisting with. He pointed out that this volunteer program is different from the RSVP in that the coordinator responds to requests for assistance and fills those needs. With the school community service requirement, the number of student volunteers is increasing. The coordinator will prepare an orientation manual to be given to volunteers to better inform them. The Senior Citizen Specialist job specifications was used as a framework for the Volunteer Coordinator. Councilmember Souder asked staff to provide a list of those areas where use of volunteers has increased. He had no objections to the job description. Some of the questions Council wants staff to address are: what are the needs; what volunteer opportunities currently exist; and who is currently coordinating the volunteers. Mayor Pro Tem Breazeal did not feel the two years of college is important. He was concerned with screening out applicants. Mayor Budds stated a retired individual may be interested in the position, but may not have had educational opportunities. Councilmember Gillanders felt some education should be required for the paid position. Councilmember Wilson did not object to the education, but the type of education required. Director Chadwick said the areas of education selected are people oriented. Mayor Budds asked if this position overlapped with RSVP. City Manager Riley said there would be no involvement with RSVP. Councilmember Gillanders moved to continue consideration of the Volunteer Coordinator job description, recruitment, compensation range, seconded by Councilmember and unanimously carried. 10. COMMUNICATIONS: A. TEMPLE STATION BOOSTER CLUB Marianne Milch explained the money would pay for a dinner honoring the volunteers. Councilmember Souder asked what the difference was between a booster and a volunteer. Ms. Milch stated the volunteer assists the deputy and the booster raises funds for the annual dinner honoring the volunteers. She said the booster group sent out many letters to businesses and cities soliciting funds, but no specific amount was requested. 1 1 1 1 1 City Council Minutes February 7, 1995 Page 9 Councilmember Souder moved to approve $300 for the annual Volunteer Dinner, seconded by Councilmember Wilson and unanimously carried. 11. RECESS TO CRA: At 9:36 p.m., the City Council met as the Temple City Community Redevelopment Agency; and approved the Minutes of the regular meeting of January 17, 1995 and special meeting of January 17, 1995; adopted Resolution No. 95 -570 approving and authorizing executive of a Promissory Note, adopted Resolution No. 95 -571 allowing administrative approval of sign designs; and adopted Resolution No. CRA 95 -569 allowing claims and demands in the amount of $1,961,725.14. Minutes of the Agency are set forth in full in the Agency's records. 12. ACTION ON REQUEST BY CRA: A. LOAN FOR BANK OF AMERICA SETTLEMENT Mayor Pro Tem Breazeal moved to adopt Resolution No. 95 -3397, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND AUTHORIZING A LOAN TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY, seconded by Councilmember Gillanders and unanimously carried. 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE: None 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA: B. COUNCILMEMBER SOUDER - 1. Spacing of trees on Las Tunas Drive Al Driver, 9611 Las Tunas Drive, stated he did not want a tree in front of his store because it blocks his window. He lost over $200,000 during the street reconstruction. If tree is installed he will have no other option but to discontinue business. Councilmember Souder explained his reasons for asking this item be reviewed by the Council. Mayor Budds said he did not recall the Council voting on removing any trees from the plan. A number of pre planning meetings were held to address the merchants concerns. Councilmember Gillanders said the subcommittee provided a recommendation. Councilmember Souder asked staff to research the minutes and provide the Council with the historical background. 14. MATTERS FROM CITY OFFICIALS: 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA: A. COUNCILMEMBER GILLANDERS - Councilmember Gillanders informed staff that the sound system was removed during the Las Tunas Improvement Project and should be installed before the Camellia Festival. C. COUNCILMEMBER WILSON - None City Council Minutes February 7, 1995 Page 10 D. MAYOR PRO TEM BREAZEAL - Mayor Pro Tem Breazeal said staff provided a breakdown of various investments. Most of the City's money is invested in T -bills and government bonds. Now that a settlement has been reached with Bank of America, the Council should consider investment of surplus funds during the budget process. City Manager Riley said staff is working on an investment plan. E. MAYOR BUDDS - 1. Review of City ordinances. Mayor Budds provided ordinances adopted by other cities in order to recoup costs of processing juvenile offenders. Mayor Pro Tem Breazeal asked if the City would be able to recoup costs as a contract city. Councilmember Souder felt it should be pursued and enforcement and collection of fines should be considered. Mayor Pro Tem Breazeal asked what would happen if the juvenile is not convicted would the City still be able to collect. Mayor Budds directed staff to study the ordinances further. 2. Review of Corporation for Children's Television request for support. Mayor Pro Tem Breazeal asked if input could be obtained from the Board of Education before any action is taken. Mayor Budds asked if he may send a letter on behalf of the Council if staff fmds the network to be a benefit to the community. Council concurred. 16. CLOSED SESSION: 17. ADJOURNMENT: At 10:00 p.m., it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on February 21, 1995 at 7:30 p.m. in the Council Chambers, 5938 Kauffman Avenue, Temple City. ATTEST: 1 1 1