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HomeMy Public PortalAboutCity Council_Minutes_1997-12-16_Regular 19971 1 1 CITY COUNCIL MINUTES DECEMBER 16, 1997 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted December 12, 1997, Mayor Souder called the meeting of the City Council to order at 7:30 p.m. on Tuesday, December 16, 1997. 2. ROLL CALL: PRESENT: Councilman - Breazeal, Brook, Wilson, Gillanders and Souder 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 Parks and Recreation Commissioner Harry Crump. 4. The Pledge of Allegiance was led by City Manager Riley. 5. CEREMONIAL MATTERS - None 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Shirley Hanson. 921 Radwav, Valinda discussed the testimony previously given by Mary Lou Swain at the meeting of December 2, 1997. She indicated returning the structure to a workshop would blight the area. She asked the Council to correct their previous decision and save legal fees that will be paid for by the taxpayers. Richard Hanson, 921 Radway, Valinda indicated he found the Gabriel's home to be in keeping with the neighborhood. He suggested there be a fair and just solution negotiated by City staff, the City Attorney and Mr. Gabriel's attorney to enable the Gabriel's to stay in their home. Dan Holloway, 616 Peggy Avenue, La Puente discussed a situation in La Puente regarding a pot belly pig which cost the City over $43,000 for litigation. He stated the Gabriel's did not knowingly do anything wrong. Sally Fallon,. Councilmember, City of La Puente, 15900 East Main Street, La Puente also discussed the history of the pot belly pig m La Puente. Councilmember Fallon commented the Gabriel's are hardworking and a credit to the community. The neighbors have not complained, they are neat and clean, and if the lot were 32 inches wider it would be permissible. She indicated it is within the Council's power to permit the structure and rhsnge code. Bill Riseden, 720 Front Street, Alhambra asked the Council to save the Gabriel's home as it has been in existence for many years. George Faras, 9032 Callita, Temple City indicated zoning and building codes are for health and safety and he felt the Gabriel's home is not a threat to health and safety. The house looks nice and improves the area. Kelly Timmons, 6231 Muscatel stated her mother and sister also live in the neighborhood and all have been neighbors of the Gabriel's for ten years. She said the Gabriel's are helpful and conscientious and there have been no problems. She asked the Council to allow the Gabriel's to retain their home. City Council Meeting Minutes December 16, 1997 Page 2 Albert Kolta, 6341 Temple City Boulevard, Temple City stated he has known the Gabriel's since 1979, they have had no problems with anyone and they maintain their property in good condition. 7. CONSENT CALENDAR Mayor Pro Tem Gillanders Item 7.E. for discussion. Councilman Breazeal moved to approve the Consent Calendar, seconded by Councilman Wilson and unanimously carried. A. APPROVAL OF MINUTES: Regular meeting of December 2, 1997 Approved the minutes of the regular meeting of December 2, 1997 as submitted. B. REQUEST FOR TRAVEL AUTHORIZATION Authorized out -of -area travel for City Council and staff. C. PLANNING COMMISSION ACTIONS - Regular meeting of December 9, 1997 Received and filed. D. PETTY CASH REPORT Received and filed. F. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE LIVE OAK PARK WATER IRRIGATION IMPROVEMENT PROJECT AND AUTHORIZATION TO SOLICIT CONSTRUCTION BIDS Approved the plans and specifications and authorized staff to solicit construction bids. G. APPROVAL OF AGREEMENT FOR ANIMAL CONTROL CONTRACT SERVICES PROPOSED BY THE SAN GABRIEL VALLEY ANIMAL CONTROL JOINT POWERS AUTHORITY Ratified the agreement and authorized the Mayor to sign. H. ACCEPTANCE OF WORK AND APPROVAL OF FINAL PAYMENT FOR THE LIVE OAK PARK PLAYGROUND ADA IMPROVEMENT PROJECT Accepted work performed by JDC, Inc. regarding the Live Oak Park Playground ADA Improvement Project and authorized final payment in the amount of $106,202.23; directed the City Clerk to file the notice of completion; authorized release of the 10 percent retention following the 35 -day lien period; and appropriated general funds in the amount of $61,923.76 and amended the budget accordingly. RESOLUTION NO. 97 -3646: APPROVAL OF PAYMENT OF BTT.T ;S Adopted Resolution No. 97 -3646 allowing claims and demands in the amount of $624,181.52. E. CAPITAL IMPROVEMENT PROGRAM MONTHLY STATUS REPORT Mayor Pro Tem Gillanders reported- there are a number of repaved and slurry sealed sections of street with sewer lids below the surface. He asked if this could be repaired. Public Services Director Hart responded that the County is adjusting manhole covers countywide and City staff will be obtaining figures from them. He added that all future slurry seal projects will include manhole cover adjustments. In response to Mayor Souder's question regarding the City's plans for Lower Azusa Road, Public Services Director Hart indicated there are plans to resurface Lower Azusa Road this year. Plans and specifications will be completed and the El Monte project will be taken into consideration before any work is done on the roadway. 1 1 1 1 City Council Meeting Minutes December 16, 1997 Page 3 Councilman Breazeal noted there are tire marks in the slurry seal that need to be corrected and grass is growing through the slurry seal. Public Services Director Hart reported the County sprayed the grass areas last week. Mayor Pro Tem Gillanders stated there is a substantial dip on a section of Olive just east of Temple City Boulevard. Every time the area is paved or slurry sealed, the concrete section remains the same. Consequently, the dip gets deeper and cars bottom out when they pass over it. He stated he discussed it a year ago and is concerned about the City's liability. Public Services Director Hart stated slurry seal is less than 1/4 inch thick. A chip seal is thicker and over time does build up. In the future, as part of any preventive maintenance work, concrete cross gutters will be examined and, if necessary, the appropriate milling work will be included in the project. Mayor Pro Tem Gillanders moved to receive and file the Capital Improvement Program Monthly Status Report, seconded by Councilman Wilson and unanimously carried. 8. UNFINISHED BUSINESS - None 9... NEW BUSINESS A. APPLICATION TO PARTICIPATE IN FACADE IMPROVEMENT PROGRAM AT 9670 LAS TUNAS DRIVE (THE SHADE SHOPPE /JIM ROBUCK) City Manager Riley presented the background information as outlined in the staff report dated December 16, 1997. Councilman Breazeal moved to waive the three contractor bid requirement and approve the Facade Improvement Agreement with Jim Robuck for sandblasting, color coating and window replacement, not to exceed a total cost to the City of $1,732, seconded by Mayor Pro Tem Gillanders and unanimously carried. B. ALTERNATIVE WORK SCHEDULE FOR CITY OFFICES City Manager Riley presented the background information as outlined in the staff report dated December 16, 1997. Mayor Pro Tem Gillanders expressed concern for the delay in implementing the work schedule. He felt it more practical to implement as quickly as possible to determine the advantages and disadvantages of the concept. Councilman Wilson expressed her preference for the current schedule and indicated the proposed schedule will increase costs for utilities and fuel for City vehicles. Councilman Brook spoke in favor of the concept and suggested it be implemented after the first of year. Mayor Souder stated he has been an advocate for City Hall to be open five days a week, however, he does not feel he has enough information to make a decision. Financial Services Director Maldonado stated switching to the two team concept will affect payroll and paychecks. One team will lose hours and she indicated she does not have the staff to implement the concept before February 27, 1998. City Council Meeting Minutes December 16, 1997 Page 4 City Manager Riley stated there is a plan to rearrange offices when the Live Oak Park Recreation Center becomes available in late April. Public Services will be moving to the Civic Center and this move will assist in coverage for this new schedule. City Manager Riley stated staff has spent considerable time working out a staffmg plan, payroll considerations and vacation and holiday schedules. Mayor Souder expressed his desire to review that information before making a decision. Councilman Brook indicated there should be no reason the concept cannot be implemented within sixty days. Councilman Wilson commented the public likes the extended hours and has gotten used to the schedule. Councilman Breazeal indicated people still come to City Hall on the closed Friday. Councilman Breazeal moved to approve a 9/80 open work schedule to keep City offices open five days a week with extended hours of service to the public with implementation effective February 27, 1998 with a budget amendment for Council consideration on January 6, 1998, seconded by Mayor Pro Tem Gillanders and carried on a roll call vote as follows: AYES: Councilman - Breazeal, Brook, Gillanders NOES: Councilman- Wilson, Souder C. APPROPRIATION OF PVEA GRANT AND AQMD AB 2766 FUNDS FOR ALTERNATIVE FUEL VEHICLE ACQUISITION AND RELATED EQUIPMENT ENHANCEMENTS City Manager Riley presented the background information as outlined in the staff report dated December 16, 1997. Staff recommends Option 2B. Councilman Breazeal asked if staff has looked into electric vehicles. City Manager Riley noted electric vehicles are extremely expensive at this time but may be a consideration some time in the future. Mayor Pro Tem Gillanders asked how $800 could cover safety equipment for both vehicles and indicated he is concerned that the tank occupies 40% of the truck bed. Public Safety Coordinator Zylla stated the safety equipment will be purchased at a discount. The loaned truck had two tanks in the truck bed, however, the truck the City will purchase will have only one tank under the bed. Councilman Breazeal moved to approve appropriate funds in an amount not to exceed $27,850 (PVEA award/AQMD) for a dedicated compressed natural gas Ford Super Club Wagon Van; appropriate funds in an amount not to exceed $21,350 (PVEA award/AQMD) for a dedicated compressed natural gas Ford F -250 3/4 ton regular cab truck; appropriate 1 1 1 1 1 1 City Council Meeting Minutes December 16, 1997 Page 5 funds in an amount not to exceed $800 (PVEA award/AQMD) to provide for vehicle safety lights, lightbars, striping and lettering for the subject vehicles; appropriate funds in an amount not to exceed $18,000 (AQMD AB 2766) to provide for the purchase and installation of a compressed natural gas "slow fill" fueling appliance at the City Yard; and appropriate funds in an amount not to exceed $2,800 (AQMD AB 2766) to install an extra 7.5 gallon equivalent compressed natural gas fuel tank in the current Sheriff's CNG vehicle; and amend the budget accordingly, seconded by Mayor Pro Tem Gillanders and unanimously carried. D. CITYWIDE STREET MARKING AND STRIPING IMPROVEMENT PROJECT City Manager Riley presented the background information as outlined in the staff report dated December 16, 1997. Councilman Breazeal moved to approve reappropriation of $24,100.00 from Account No. 21- 972 - 7400 -120 to Account No. 21- 972 - 7400 -110, seconded by Mayor Pro Tem Gillanders and unanimously carried. E. PROPOSED REMOVAL OF WADING POOL AT LIVE OAK PARK City Manager Riley presented the background information as outlined in the staff report dated December 16, 1997. Mayor Souder expressed concern as to why this is being considered now after the playground project is complete. Public Services Director Hart stated as work progressed on the playground it became necessary to sever the drain for the pool. This was not known at the start of the project. Mayor Pro Tem Gillanders noted it is less expensive to keep the pool. Councilman Wilson commented the pool has sentimental value for many people. Councilman Breazeal moved to approve removal of the wading pool at Live Oak Park; appropriate general funds in the amount of $4,950.00 and amend the budget accordingly, seconded by Councilman Brook and failed on a roll call vote as follows: AYES: Councilmann- Breazeal, Brook NOES: Councilman- Wilson, Gillanders, Souder Councilman Wilson moved to retain the wading pool at Live Oak Park; appropriate general funds in the amount of $1,650.00 for a new pool drain; and amend the budget accordingly, seconded by Mayor Pro Tem Gillanders and carried on a roll call vote as follows: AYES: Councilman- Wilson, Gillanders, Souder NOES: Councilman - Breazeal, Brook Mayor Souder requested costs for a cover for the pool, 10. COMMUNICATIONS - None City Council Meeting Minutes December 16, 1997 Page 6 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 8:30 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the minutes of the regular meeting of December 2, 1997; and adopted Resolution No. CRA 97 -650, allowing claims and demands in the amount of $4,882.13. Minutes of the Agency are set forth in full in the Agency's records. RECONVENED AS CITY COUNCIL 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE 14. MATTERS FROM CITY OFFICIALS A. ORAL REPORT FROM THE CITY/TCUSD AD HOC COMMITTEE Councilman Breazeal commented the City/TCUSD Ad Hoc Committee had an excellent meeting and he related some of the issues that were discussed at that meeting. He added that the group is working in sync and he would like to continue with the same membership until April 30, 1998. Mayor Pro Tem Gillanders asked if the School Board considered environmental impact compliance as a cost. Councilman Breazeal indicated the Committee did not discuss an environmental impact report. Councilman Brook reported the Committee discussed the parking situation at La Rosa and mitigation efforts. City Manager Riley stated the City has an opportunity to influence the completion of the School District's facilities plan and how monies are spent. The City can stress the importance of addressing traffic issues around the schools. Councilman Wilson moved to terminate the existing City/TCUSD Ad Hoc Committee effective December 31, 1997; and appoint Councilmen Breazeal and Brook to a new City/TCUSD Ad Hoc Committee; such designation shall constitute a limited purpose, less than a quorum ad hoc committee under the provisions of the Brown Act; such designation shall terminate on April 30, 1998, seconded by Mayor Pro Tem Gillanders and unanimously carried. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL - None B. COUNCILMAN BROOK - None C. COUNCILMAN WILSON - None 1 1 1 1 1 City Council Meeting Minutes December 16, 1997 Page 7 D. MAYOR PRO TEM GILLANDERS - None E. MAYOR SOLIDER Mayor Souder summarized his meeting with Senator Adam Schiff in Pasadena. He stated he presented a certificate to the Chinese American Association and reported the Association has been going to the Evergreen Convalescent Home for the last five years at Christmas, taking games and this year bought them a big screen television. He also reported he attended the San Gabriel Valley Realtors' demotion of Loraine Lefler and presented her with a certificate. 16. CLOSED SESSION At 8:50 the City Council recessed to a closed executive session pursuant to Government Code Section 54956.9(B) regarding anticipated litigation: one potential case. The City Council reconvened at 8:58 p.m. City Attorney Martin stated the City Council met in closed session to consider an offer of compromise submitted by Chris Sutton in relation to the Gabriel matter. The Council decided that since the City had been denied admission to the premises and have no first hand knowledge of what the premises contains, the City is in no position to respond to the compromise and therefore denied on that basis. 17. ADJOURNMENT At 9:00 p.m., it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on Tuesday, January 6, 1998, at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Mayor