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)