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HomeMy Public PortalAboutCity Council_Minutes_1996-11-19_Regular 1996CITY COUNCIL MINUTES NOVEMBER 19, 1996 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted November 15, 1996, Mayor Wilson called the meeting of the City Council to order at 7:30 p.m. on Tuesday, November 19, 1996. 2. ROLL CALL: PRESENT: Councilman - Breazeal, Budds, Gillanders, Souder and Wilson ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Community Services Manager Burroughs, Financial Services Director Maldonado, Public Services Director Hart and Senior Management Assistant Flod 3. The invocation was given by Reverend Harlo Southwick, Church of Christ, 5272 North Sereno Drive, Temple City. 4. The Pledge of Allegiance to the Flag was led by Temple City School Board President Mike Palmer. 5. CEREMONIAL MATTERS Mayor Wilson presented a proclamation to Dr. Clint Taylor, Superintendent, TCUSD, Mike Palmer, President, Board of Education, and Natalie Davidson, Teacher of the Year proclaiming November 21, 1996, Education Day. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 7. CONSENT CALENDAR Councilman Gillanders removed Item 7.E. Councilman Breazeal noted his abstention from Item 7.A.2. and requested removal of Items 7.11. and 7.L. Councilman Budds moved to approve the remainder of the Consent Calendar, seconded by Councilman Breazeal and unanimously carried. A. APPROVAL OF MINUTES: 1. Regular meeting of November 5, 1996 2. Special meeting of October 30, 1996 Approved the Minutes from the regular meeting of November 5, 1996, as submitted, and the Minutes from the special meeting of October 30, 1996, as submitted, with Councilman Breazeal abstaining. B. PLANNING COMMISSION ACTIONS - Meeting of November 12, 1996 Received and filed. C. ORDINANCE NO. 96 -797 (2ND READING AND ADOPTION) CODE AMENDMENT RELATIVE TO RESTAURANT USES Waived further reading and adopted Ordinance No. 96 -797, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE/THE DOWNTOWN SPECIFIC PLAN TO ESTABLISH AN ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR RESTAURANT USES (SAD) ORDINANCE AMENDS ORDINANCE NO. 95 -772) City Council Minutes November 19, 1996 Page 2 D. ORDINANCE NO. 96 -798 (2ND READING) MUNICIPAL CODE AMENDMENT RELATING TO WHEELED TOY REGULATIONS Waived further reading and adopted Ordinance No. 96 -798, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 3361 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO WHEELED TOY REGULATIONS. F. ADOPTION OF RESOLUTION 96 -3550 WHICH RE- ESTABLISHES BUSINESS LICENSE RATES WHICH WERE ADOPTED PRIOR TO JANUARY 1, 1995 Adopted Resolution No. 96 -3550, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING FEES PURSUANT TO SECTIONS 5142 AND 5205 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND PERMIT FEES and amended the budget accordingly. G. PETTY CASH MONTHLY RECONCILIATION Received and filed. J. BUDGET AMENDMENT RE: TREE MAINTENANCE CONTRACT SERVICES Approved reappropriation of Lighting and Maintenance Assessment District funds in the amount of $45,323 and amended the budget accordingly. M. RESOLUTION NO. 96 -3552: APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 96 -3552, allowing claims and demands in the amount of $265,837.50. E. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 96 -796 (2ND READING) ESTABLISHING AN ADMINISTRATIVE REVIEW PROCESS FOR CERTAIN BUSINESS PERMITS Councilman Gillanders asked if this conflicted with Proposition 218. Financial Services Director Maldonado said the ordinance addresses the actual issuance of the permit not fees. Councilman Gillanders moved to waive further reading and adopted Ordinance No. 96 -796, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR CERTAIN BUSINESS TYPES, seconded by Councilman Budds and unanimously carried. H. CAPITAL IMPROVEMENT PROGRAM MONTHLY STATUS REPORT Councilman Breazeal noted the lack of progress on the Emperor Project and wheelchair ramps on Rosemead Boulevard Project. These projects have taken four years to begin and will take a short time to complete. There has been a number of dollars spent on engineering, staff, and project design. There does not seem to be a strong motivation to get things done in a timely manner. There is no incentive to perform and he suggested the Budget Personnel Committee consider a performance pay concept for the management level. Mayor Pro Tem Souder said the delays have been legitimate. The Wheelchair Access Project is located on a state highway and requires additional reviews and approvals. Additional time was necessary to address the problems on Emperor Avenue. 1 1 1 1 City Council Minutes November 19, 1996 Page 3 Councilman Breazeal said he was aware of the problems with the two projects, but felt there was a need for incentives at the management level. Councilman Breazeal moved to receive and file, seconded by Councilman Budds and unanimously carried. PROPOSED MUNICIPAL CODE AMENDMENT ESTABLISHING PROVISIONS REQUIRED BY THE STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD IN ACCORDANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Mayor Pro Tem Souder asked who would ensure there was no dumping into the system and how would this be accomplished. Public Services Director Hart stated the primary responsibility for enforcement would be the local jurisdiction. The County is required to put in a monitoring system designed to detect any trace elements in the system and identify the source. The County will notify the City of the problem. Once the City identifies the source, it must be abated. There are very serious implications and cities are required to develop an enforcement program, including penalty assessments for violation. City Attorney Martin pointed out this is without monetary reimbursement. Councilman Gillanders said violations witnessed by members of RSVP should be reported to the Code Enforcement Officer. City Manager Riley stated an extensive outreach program should be done to inform the public of the prohibitions. Director Hart also noted development costs will increase because certain developments will require mitigation plans. The adoption of the ordinance is the first step in the process. Staff has done an impact analysis. Mayor Pro Tem Souder moved to introduce for first reading by title only Ordinance No. 96 -799, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING ARTICLE VIII ESTABLISHING PROVISIONS REQUIRED BY THE STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD IN ACCORDANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM, seconded by Councilman Breazeal and unanimously carried. K. APPROVAL OF PROGRESS PAYMENT NO. 6 FOR THE TEMPLE CITY PARK IMPROVEMENT PROJECT (NO. 96 -1) Mayor Pro Tem Souder asked if this was a final payment. He felt no additional payments should be made until the bandstand is finished and deficiencies corrected. Public Services Director Hart explained this progress payment is for accepted work performed by subcontractors. He noted there are some problems with the contractor's work and those issues will be discussed with the City Attorney. Staff will not recommend releasing any further payments until all corrections are made. The contractor is responsible for paying the subcontractors. There has not been a final inspection because the work has not been completed. City Council Minutes November 19, 1996 Page 4 Mayor Pro Tem Souder asked how much in default is the project. City Manager Riley said the contractor is 45 days in default. Director Hart stated there is a penalty of $500 a day that could be invoked. He noted there are some things beyond the contractor's control, such as materials from the manufacturer. Aesthetically, staff is not satisfied with the work. Councilman Breazeal asked what the cost would be for concrete repairs and installation of the railing. Director Hart said the railing would be installed next week and the repairs could cost between $15,000 to $20,000. The balance left on the contract is $17,000. Councilman Breazeal moved to approve progress payment No. 6 in the amount of $4,227.56 to Simgel Company, Inc., seconded by Councilman Budds and unanimously carried. L. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE LIVE OAK PARK RECREATION FACILITY PROJECT AND AUTHORIZATION TO SOLICIT BIDS Larry Wolff, 10470 Foothill Boulevard, Rancho Cucamonga, presented the final cost estimates for the 11,900 square foot building. He noted there are two cost estimates. One estimate includes basic kitchen equipment. The other estimate includes upgraded and additional equipment to support additional programs The total construction cost is $1,872,424, including $103,000 for a comprehensive, full service kitchen. The base bid calls for all utilities for a full service kitchen to be stubbed out. He also noted the building pad has been elevated with 8 inches of fill. If the building pad is not elevated there could be some problem with on site drainage. The total earth work cost is $15,000. Councilman Budds asked about the number of trips heavy equipment would take on the streets around the park. Mr. Wolff did not know exactly how many trips would be necessary, but noted the City has ordinances addressing overweight materials and dust control. Councilman Breazeal asked for an explanation of the 95 percent of the work completed. Mr. Wolff explained the remaining 5 percent has been reserved for corrections to the plans submitted for building plan check. Councilman Breazeal asked if the yearly maintenance costs have been calculated and if a not to exceed clause could be included in the bid packets. Director Hart said he has a proposal for maintenance based upon the plans. There will be a minor increase for landscape maintenance. The bid includes the engineer's estimate. He felt companies should be allowed to submit competitive estimates. Mayor Pro Tem Souder asked what equipment was included in the $103,206. Mr. Wolff said the amount would include steam tables, confectionery ovens, freezers, food storage rack, ice machine and other food service equipment. 1 1 1 City Council Minutes November 19, 1996 Page 5 Director Hart also noted the total costs for furnishing the building may be $100,000. An attempt has been made to scope out the costs. City Manager Riley asked if the cost for building demolition provides for the handling and removal of asbestos or hazardous materials. Mr. Wolff said he did not include asbestos abatement in the estimates. He suggested obtaining an updated asbestos report to determine the cost. Director Hart stated there will be additional costs for asbestos abatement. Councilman Budds moved to approve plans and specifications and authorize staff to solicit bids, seconded by Mayor Pro Tem Souder and carried on a roll call vote, as follows: AYES: Councilman - Budds, Souder, Wilson NOES: Councilman- Breazeal, Gillanders 8. UNFINISHED BUSINESS A. CITY FACILITIES NAMING POLICY City Manager Riley presented the background information as outlined in the staff report dated November 19, 1996. Councilman Gillanders asked for clarification of Section 5 of the resolution, renaming of previously named land, buildings, facilities or streets. Councilman Breazeal said streets such as Harker Street could not be renamed under this policy. Mayor Pro Tem Souder asked who will deem a high priority under Section 1. City Manager Riley said the City Council will deem it important. Mayor Pro Tem Souder stressed the policy should be hard and fast so the City Council has clear direction. Councilman Budds noted Section 3 covers everything, whereas the other sections do not provide policy and allows an opportunity for the City Council to do basically what they want. Councilman Breazeal said Section 8 allowing a dedication plaque with the City Council, City Manager, building architect, contractor, etc. listed be included in the resolution. Mayor Wilson asked if Section 11 should be deleted. Councilman Breazeal moved to direct staff to revise the resolution to include only Section 3, seconded by Councilman Gillanders and unanimously carried. City Manager Riley explained staff attempted to think of situations that have occurred and allow for guidance in those situations. He suggested allowing staff to develop a simpler policy. City Council Minutes November 19, 1996 Page 6 Mayor Pro Tem Souder noted if only Section 3 is included, it would prohibit such things as veteran's organization dedicating a flag pole. Councilman Breazeal moved to redirect staff to consider Sections 3, 4 and possibly 8 as policy and bring back a revised resolution for Council approval, seconded by Councilman Budds and unanimously carried. 9. NEW BUSINESS A. 1995 -96 CITY AUDIT REPORTS City Manager Riley presented the background information as outlined in the staff report dated November 19, 1996. Mike Harrison, Conrad and Associates, presented the audit reports for the City, Community Redevelopment Agency and Financing Authority. He noted the final statement presents fairly the financial situation of the City. Councilman Breazeal noted the Temple City Unified School District should be included as a major employer. Financial Services Director Maldonado explained the major employers were based upon business license reports. Mr. Harrison discussed the impact of Proposition 218. In summary he stated the City is in good financial condition. Mayor Pro Tem Souder asked for an explanation of the self insurance fund. Director Maldonado explained the City has funds set aside in the event there are expenses not covered by the JPIA. Mr. Harrison said the reports will be submitted prior to December 10th to the state for no additional cost to the City. There will be a review of the document. He suggested submitting the report to Government Finance Officers Association for review on a national level. The cost is $350 and it must be submitted by December 31, 1996. Councilman Breazeal moved to place discussion of submitting the report to Government Financing Association on the next City Council agenda, seconded by Councilman Budds and unanimously carried. Councilman Breazeal moved to receive and file the 1995 -96 City Audit Reports, seconded by Councilman Budds and unanimously carried. B. ACCEPTANCE OF PROPOSALS TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, INCLUDING OPTIONS PERTAINING TO PROPOSITION 218 City Manager Riley presented the background information as outlined in the staff report dated November 19, 1996. Councilman Breazeal moved to accept the proposal submitted by Berryman & Henigar to provide assessment engineering services to restructure the current Lighting and 1 1 1 City Council Minutes November 19, 1996 Page 7 Maintenance District and amend the current fiscal year budget accordingly, seconded by Councilman Budds and unanimously carried. Councilman Breazeal said the only thing to do is to reduce general fund expenditures. If a park maintenance district is formed, those assessed would have to receive a direct benefit and the assessment would be astronomical. Councilman Breazeal moved to reduce existing expenditures commensurate with the estimated revenue loss, resulting in a reduction of services, seconded by Councilman Budds and unanimously carried. Public Services Director Hart agreed that assessment districts are a thing of the past. Staff will conduct a comprehensive analysis of all city operations and come back with options. Mayor Pro Tem Souder said this type of review should be done every year. City Manager Riley noted the City's good financial situation allows for financial adjustments without panic. 10. COMMUNICATIONS None 11. RECESS TO CRA At 9:15 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of November 5, 1996; received and filed the Agency Audit Reports; and adopted Resolution No. CRA 96 -616 allowing claims and demands in the amount of $3,056.50. Minutes of the Agency are set forth in full in the Agency's records. RECESS TO FA At 9:16 p.m., the City Council met as the Temple City Financing Authority; approved the Minutes of the regular meeting of June 18, 1996; and received and filed the Authority Audit Report. Minutes of the Authority are set forth in full in the Authority's records. 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE 14. MATTERS FROM CITY OFFICIALS - A. SET DATE FOR SPECIAL MEETING None Councilman Budds moved to set date for special meeting on November 25, 1996, at 7 p.m. to consider Proposition 218 impacts and remedies and law enforcement grant programs, seconded by Councilman Breazeal and unanimously carried. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL - 1. RSVP /CODE ENFORCEMENT Councilman Breazeal noted the RSVP volunteers have enough maturity and consideration should be given to utilizing them for identifying code enforcement problems and handle them administratively. City Council Minutes November 19, 1996 Page 8 City Manager Riley recommended referring this item to the Public Safety Commission. Mayor Pro Tem Souder moved to refer the use of RSVP volunteers for identifying code enforcement issues, seconded by Councilman Breazeal and unanimously carried. 2. ENFORCEMENT OF NEWSRACK LAW Councilman Breazeal noted the city attorney's litigation update cited the decision of Crawford v. Lungren relative to the newsrack law. He suggested the City begin enforcing the law. City Attorney Martin explained the state law was amended to require adult monitoring or supervision of newsracks. The law has been tested and validated by the court of appeal and cities may begin enforcing this section of the penal code. The City may wish to have the Sheriff's Department or RSVP volunteers enforce the law. City Manager Riley asked if the City needed to adopt an ordinance before enforcing the law. City Attorney Martin noted this is a state law and does not require an ordinance of the City. Councilman Breazeal said the Sheriff's Department should enforce the law. Mayor Pro Tem Souder suggested placing these companies on notice to comply with regulations or remove the newstands. City Attorney Martin stated staff should inform the Sheriff's Department at the monthly meeting. 3. EARTHQUAKE RETROFITTING REQUIREMENTS Councilman Breazeal said he was told it would cost the American Legion $117,000 to retrofit the building. He thought the city had a certain degree of flexibility, but was told the law does not allow for flexibility. City Manager Riley stated the law allows the owner to apply for a waiver, but the City assumes liability. Community Development Director Dawson explained the City adopted the Los Angeles County Earthquake Ordinance which sets forth time constraints. Letters were sent to two property owners with unreinforced masonry buildings. The property owners have 270 days in which to obtain a structural analysis. The analysis would be evaluated and a determination would be made as to whether or not the structure is safe. City Attorney Martin said the owners have four years after the 270 days to abate. Mayor Pro Tem Souder felt the American Legion needed to obtain a structural engineer report. Council concurred. 1 1 1 1 1 City Council Minutes November 19, 1996 Page 9 B. COUNCILMAN BUDDS - None C. COUNCILMAN GILLANDERS - None D. MAYOR PRO TEM SOUDER - None E. MAYOR WILSON - 1. CANCELLATION OF DECEMBER 17, 1996, CITY COUNCIL MEETING Mayor Wilson explained Contract Cities is having their monthly meeting on the same night as the City Council meeting. Mayor Pro Tem Souder noted the Council has only two meetings a month and he did not feel the meeting should be cancelled. Councilman Budds said the Council meeting should not be cancelled for a Contract Cities Meeting. Only one councilmember needs to attend. Mayor Wilson moved to cancel the regular meeting of December 17, 1996, seconded by Councilman Breazeal and carried on a roll call vote, as follows: AYES: Councilman - Breazeal, Gillanders, Wilson NOES: Councilman - Budds, Souder 16. CLOSED SESSION - None 17. ADJOURNMENT At 9:30 p.m., it was moved, seconded and unanimously carried to adjourn the meeting. The next regular meeting of the City Council will be held on December 3, 1996 at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: T144?-1A � City Cl rk Mayor vidie72)