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HomeMy Public PortalAboutCity Council_Minutes_1997-09-02_Regular 19971 1 CITY COUNCIL MINUTES SEPTEMBER 2, 1997 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted August 28, 1997, Mayor Souder called the meeting of the City Council to order at 7:30 p.m. on Tuesday, September 2, 1997. 2. ROLL CALL: PRESENT: Councilman - Breazeal, Brook., Wilson, Gillanders, Souder ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson and Financial Services Director Maldonado 3. The invocation was given by Deputy City Clerk Rios. 4. The Pledge of Allegiance was led by Parks and Recreation Commissioner Harry Crump. 5. CEREMONIAL MATTERS A. PROCLAMATION Mayor Souder presented a proclamation to the City proclaiming September 15 -21, 1997 as Pollution Prevention Week. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Dan Arrighi, Temple City Ramrodders, invited the City Council to the Green and Gold Dinner on Saturday, September 6. Dinner will be served from 5 to 7 p.m. and the scrimmage game will begin at 8 p.m. He presented the City Council with Temple City Rams buttons. Mayor Souder asked what would be the cost. Mr. Arrighi said the buttons cost $1 and the dinner costs $7 for adults and $6 for children under 12 years old. 7. CONSENT CALENDAR Councilman Breazeal requested removal of Items 7.A.1. and 7.E. Item 7.M. was removed by Mayor Souder. Councilman Breazeal moved to approve the remainder of the Consent Calendar, seconded by Mayor Pro Tem Gillanders and unanimously carried. A. APPROVAL OF MINUTES: 2. Special meeting of August 27, 1997 Approved the Minutes of the special meeting of August 27, 1997, with Mayor Souder abstaining. B. ORDINANCE NO 97 -810 (SECOND READING AND ADOPTION) AMENDING SECTIONS 4120 -4124 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO JUVENILE CURFEW Waived further reading and adopted Ordinance No. 97 -810, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 4120 -4124 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO JUVENILE CURFEW. City Council Meeting Minutes September 2, 1997 Page 2 C. ACCEPTANCE OF ROAD IMPROVEMENTS FOR 9939 -41 LA ROSA DRIVE (PARCEL MAP NO. 21315) Accepted road improvements per the Los Angeles County Public Works Department's recommendation and exonerated the related surety bond in the amount of $4,500. D. APPROVAL OF AGREEMENT FOR ENVIRONMENTAL ENGINEERING SERVICES Approved agreement with Aurora Associates for environmental engineering services and authorized Mayor to sign. F. AMENDED ADMINISTRATIVE POLICY NO. 3.00: REIMBURSEMENT OF BUSINESS TRAVEL EXPENSE Approved the modified Business Travel Policy and amended the budget accordingly. G. PETTY CASH REPORT AND VISA CARD REPORT Received and filed. H. PARKS AND RECREATION COMMISSION ACTIONS - Meeting of August 20, 1997 Received and filed. I. PLANNING COMMISSION ACTIONS - Meeting of August 26, 1997 Received and filed. J. ORDINANCE NO. 97 -809 (SECOND READING AND ADOPTION) - CODE AMENDMENT TO CLARIFY PROVISIONS OF THE DOWNTOWN SPECIFIC PLAN RELATIVE TO SENIOR CITIZEN HOUSING PROJECTS Waived further reading and adopted Ordinance No. 97 -809, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE DOWNTOWN SPECIFIC PLAN TO CLARIFY THAT DEVELOPMENT STANDARDS AND CRITERIA FOR SENIOR CITIZEN HOUSING PROJECTS WILL BE DETERMINED AS PART OF THE CONDITIONAL USE PERMIT PROCESS. K. PERSONNEL ACTION: PLANNING SECRETARY Authorized recruitment and hiring of a Secretary II. L. REQUEST FOR TRAVEL AUTHORIZATION Authorized out -of -area travel for Councilman Brook. N. APPROVAL OF PROGRESS PAYMENT NO. 2 FOR THE ROSEMEAD/LAS TUNAS IMPROVEMENT PROJECT Approved progress payment No. 2 to C.J. Construction, Inc. in the amount of $26,514.18. O. APPROVAL OF PROGRESS PAYMENT NO. 3 FOR THE SIDEWALK, CURB AND GUTTER IMPROVEMENT PROJECT Approved progress payment No. 3 to C.J. Construction, Inc. in the amount of $28,224.18. P. RESOLUTION NO. 97 -3628: APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 97 -3628, allowing claims and demands in the amount of $309,517.10. A. APPROVAL OF MINUTES: 1. Regular meeting of August 19, 1997 Councilman Breazeal stated on Item 9.B. he provided costs to be incurred in the near future. The costs included $1.1 million for K -Mart Shopping Center parking 1 1 1 1 City Council Meeting Minutes September 2, 1997 Page 3 improvements; an additional $102,000 for the Live Oak Park Facility; and $100,000 for new computer software for city hall. He noted there was a $600,000 surplus which has been reduced to about $450,000 to $500,000 and that the Proposition 218 cuts are short. Councilman Breazeal moved to approve the Minutes of the regular meeting of August 19, 1997, as corrected, seconded by Mayor Pro Tem Gillanders and unanimously carried. Mayor Souder stated during closed session he voted no on the city attorney contract. Councilman Breazeal moved to approve the Minutes of the regular meeting of August 19, 1997, as corrected, seconded by Mayor Souder and unanimously carried. E. RENEWAL OF CITY ATTORNEY'S AGREEMENT Councilman Breazeal moved to approve the agreement and amend the FY 97 -98 budget, seconded by Councilman Wilson and unanimously carried. M. ORDINANCE NO. 97 -812 (SECOND READING AND ADOPTION) AMENDING SECTION 4400 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO ALCOHOLIC BEVERAGES Mayor Souder requested the record reflect his opposition to this item. Councilman Gillanders moved to waive further reading and adopted Ordinance No. 97 -812, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 4400 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO ALCOHOLIC BEVERAGES, seconded by Councilman Breazeal and carried on a roll call vote, as follows: AYES: NOES: Councilman - Breazeal, Brook, Wilson, Gillanders Councilman - Souder 8. UNFINISHED BUSINESS A. APPROVAL OF ENGAGEMENT LEI 1'ER FROM CONRAD & ASSOCIATES City Manager Riley presented the background information as outlined in the staff report dated September 2, 1997. Councilman Breazeal asked if the $100,000 included the purchase of the equipment. City Manager Riley said it would be a part of the $100,000 estimate. Mayor Pro Tem Gillanders said it could be less since low cost solutions are being recommended. Mayor Souder, referring to the engagement letter dated August 12, 1997, noted the objectives can be met, however, the ultimate success depends primarily on City personnel's skill and effort. He asked if staff can accomplish the tasks requested. Financial Services Director Maldonado said she would be the individual performing the work, which was based upon how much time she could dedicate to the project. She felt she would be able to accomplish the work. City Council Meeting Minutes September 2, 1997 Page 4 Councilman Breazeal moved to approve the engagement letter from Conrad & Associates in an amount not to exceed $15,500; authorize the Mayor to sign; and amend the budget accordingly, seconded by Councilman Brook and unanimously carried. 9. NEW BUSINESS A. PUBLIC HEARING: REQUEST FOR REVIEW OF CONDITIONAL USE PERMIT 97- 1311 AT 5918 CLOVERLY AVENUE (AMIDA SOCIETY) City Manager Riley presented the background information as outlined in the staff report dated September 2, 1997. Councilman Breazeal said about 120 parking spaces would be needed for this type of use. There are currently 18 spaces. He asked how a negative declaration could be prepared rather than a more comprehensive environmental review. Community Development Director Dawson said the current Downtown Specific Plan exempts the ground floor use from parking requirements. Councilman Breazeal stated the ordinance exempts the ground floor, but CEQA states there is an impact. Director Dawson noted the impacts were addressed with conditions of approval which limit the occupancy in the building. The Planning Commission agreed on a maximum occupancy of 100. Councilman Breazeal said this would require five people to travel in each vehicle. Director Dawson pointed out the Zoning Code makes the determination of one parking space for every five seats. Mayor Pro Tem Gillanders asked if the change in occupancy was the basis for the request. Director Dawson explained this is a new use. In the past there has been an assembly use, but it was a different type of assembly. The original application stated there would be 25 people meeting on Saturdays and no more than 100 people allowed for other groups. The Amida Society then requested a maximum of 100 people be allowed for their group. Mayor Souder declared the public hearing open and invited those wishing to speak to come forward. Steve Meyers, 428 South Atlantic Boulevard, #302, Monterey Park, said the Amida Society is willing to abide by the 100 person maximum, which is less than the present use of the building. If there are problems with noise or parking, the City can have a rehearing to discuss the matter. Mayor Souder noted the City Council has been given all of the documentation from previous meetings. Councilman Breazeal asked if the applicant was aware that if the parking became a substantial adverse impact on the surrounding property, the conditional use permit could be revoked. 1 1 1 1 City Council Meeting Minutes September 2, 1997 Page 5 Mr. Meyers stated the applicant was aware of the condition. City Attorney Martin stated the applicant was asked whether the organization was a social, fraternal or religious organization. Mr. Meyer indicated it was a fraternal organization, but the City has received correspondence stating it is a religious organization. The applicant has voluntarily submitted to this 100 person limit and will not use it to amend the conditional use permit except by the due process called for in the Zoning Code. Mr. Meyers agreed. Mayor Souder asked if the hall would be rented out to other groups. Mr. Meyers said the applicant has no present plans to rent out the facilities, but reserves the right to do so later. He asked which granting body would be responsible for rehearing the CUP. City Attorney Martin said the Planning Commission would hold the hearing. Jim Chen, 1509 Via Lopez, Palos Verdes Estates, stated the organization's focus is training and strives for clean mind, equal thinking, and good citizenship. He recommended approval of the request. Mr. Meyer said there would not be any long term tenants beside the Amida Society. There being no one else wishing to speak, Councilman Breazeal moved to close the public hearing, seconded by Mayor Pro Tem Gillanders and unanimously carried. Councilman Breazeal expressed concern with the use of a negative declaration. The Specific Plan exempts the first floor from parking, but this type of use was not anticipated. It has been determined that the site is underparked and if a mistake has been made what can the City do. City Attorney Martin said it is difficult to say a mistake has been made without any history. A permitted use or a conditional use permit has avested right. Councilman Brook concurred with the Planning Commission's recommendation. Mayor Pro Tem Gillanders noted there is adequate parking in the immediate area with a city parking lot within a block. Councilman Wilson agreed with the Planning Commission's decision, but admitted she has had problems with parking in that area. At times the parking across the street has been used, but this is not fair to the tenants in that center. Councilman Brook moved to approve the Negative Declaration, seconded by Councilman Wilson and carried on a roll call vote, as follows: AYES: NOES: Councilman- Brook, Wilson, Gillanders, Souder Councilman - Breazeal City Council Meeting Minutes September 2, 1997 Page 6 Councilman Wilson moved to adopt Resolution No. 97 -3627, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, SUBJECT TO A MODIFIED CONDITION, TO ALLOW AN ASSEMBLY USE DEVOTED TO THE TEACHINGS BUDDHISM, INCLUDING CONGREGATIONAL WORSHIP AND GROUP RELIGIOUS SERVICES IN THE CITY CENTER (CC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN AT 5918 CLOVERLY AVENUE (AMIDA SOCIETY) (CUP 97- 1311), seconded by Councilman Brook and unanimously carried. AYES: NOES: Councilman- Brook, Wilson, Gillanders, Souder Councilman - Breazeal B. CONSIDERATION OF COST OF LIVING AND SALARY ADJUSTMENTS FOR FY 97- 98 Mayor Pro Tem Gillanders said only part of the problems were addressed at the last City Council meeting. His proposal is to attempt to close the gap between management positions and other employee positions; to allow a more competitive salary and recruitment; place the City Manager's pay at 5 percent above the highest paid position. He suggested all management personnel receive a 2 percent cost of living adjustment (COLA) and all other staff members receive 5 percent. The part time employees would receive a 2 percent COLA. The only thing that needs discussion is the effective date. Councilman Breazeal said approving COLAs effective September 1st of each year would be better because of the substantial impact of the adoption of the State budget. Mayor Souder stated he agreed with Mayor Pro Tem Gillanders, but asked if there was any substantial change in the budget from the last City Council meeting. Financial Services Director Maldonado said no changes have been made with regard to revenues or expenditures. Councilman Wilson asked consideration be given to the Council Administrative Assistant's position to be raised one additional step. Mayor. Pro Tem Gillanders asked what the percentage is between steps. Director Maldonado said there is 2 percent between steps. Mayor Souder asked what the rate was when this position was changed in July. City Manager said the increase was one step which would have been typically awarded to the individual on their anniversary date. The range was also adjusted and two steps were added to the top. Mayor Pro Tem Gillanders said this individual may not be here long enough to collect the next step or two. Councilman Breazeal requested this item be discussed at the next City Council meeting to determine the costs. He agreed with the City Manager salary increase, but before any increase is given the performance evaluation should he completed. Mayor Souder stated if the entire staff will be receiving a 5 percent COLA, the City 1 1 1 1 City Council Meeting Minutes September 2, 1997 Page 7 Manager should at least be given the same COLA and any additional increases could be done after the review period. Mayor Pro Tem Gillanders noted the City Manager's has a contract with the City and employee contracts are handled differently. Once the review has been completed the 5 percent above the highest paid employee will be given as well as the additional 2 percent COLA. Councilman Breazeal said the increase would be retroactive. Councilman Breazeal moved to approve Option 2 effective September 1, 1997; and in principal approve an increase equivalent to 5 percent above the top step of highest paid salary plus a 2 percent COLA, subject to a performance review by the City Council and 60 days thereafter to determine substantial compliance with concerns raised, said raise would be retroactive to September 1, 1997, seconded by Mayor Pro Tem Gillanders and carried on a roll call vote, as follows: AYES: NOES: Councilman - Breazeal, Brook, Wilson, Gillanders Councilman- Souder C. APPROVAL OF INSURANCE WITH A NON - ADMITTED CARRIER FOR VENDOR AT THE FESTIVAL AND CRAFT FAIRE City Manager Riley presented the background information as outlined in the staff report dated September 2, 1997. Michael Miller, 135 E. Live Oak Avenue, Arcadia, requested the Council's consideration of the waiver of insurance for the Festival and Craft Faire. Mayor Pro Tem Gillanders asked if the liability insurance was purchased individually or as a group package. Mr. Miller explained the insurance is provided by Kiwanis International and the individual groups have no input. The insurance company has assured the group that the City will be endorsed as additional insured. Mayor Pro Tem Gillanders expressed concern with setting a precedent for other clubs in town. Mr. Miller noted the policy is being reviewed on a case -by -case basis and only relates to this event. He did not feel there would be great risk at the Craft Faire. Councilman Wilson moved to approve the insurance with a non - admitted carrier for the Kiwanis Club of Temple City for the Festival and Craft Faire on October 4, 1997, seconded by Councilman Breazeal and unanimously carried. 10. COMMUNICATIONS None 11. RECESS TO CRA At 8:30 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of August 19, 1997; and adopted Resolution No. CRA 97 -642, allowing claims and demands in the amount of $5,827.00. Minutes of the Agency are set forth in full in the Agency's records. City Council Meeting Minutes September 2, 1997 Page 8 RECONVENE AS CITY COUNCIL: 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE None 14. MATTERS FROM CITY OFFICIALS - None 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL - None B. COUNCILMAN BROOK - None C. COUNCILMAN WILSON - None D. MAYOR PRO TEM GILLANT)ERS - None E. MAYOR SOUDER - Mayor Souder thanked staff for placing the alerts on storm drains and making the community aware of potential problems with regard to El Nino. 16. CLOSED SESSION - The City Council recessed at 8:34 p.m. to a Closed Executive Session pursuant to Government Code Section 54957, to discuss the performance evaluation of the City Manager. The City Council reconvened at 9:20 p.m. Mayor Souder announced the City Council concluded the evaluation could not be completed and a meeting has been set for Wednesday, September 10, 1997, at 6:30 p.m. 17. ADJOURNMENT At 9:20 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 Tuesday, September 16, 1997, at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. A TEST: 1 1