HomeMy Public PortalAboutCity Council_Minutes_1998-05-19_Regular 19981
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CITY COUNCIL
MINUTES
MAY 19, 1998
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted May 15, 1998, Mayor Gillanders called the meeting of the City Council to
order at 7:30 p.m. on Tuesday, May 19, 1998.
2. ROLL CALL -
PRESENT: Councilman - Breazeal, Brook, Souder and Gillanders
ABSENT: Councilman - Wilson
ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director
Dawson, Community Services Manager Burroughs, Financial Services Director
Maldonado, Senior Management Assistant Flod, Planning Assistant Williams and
Public Safety Coordinator Zylla
Councilman Breazeal moved to excuse Councilman Wilson's absence for cause, seconded by Councilman
Souder and unanimously carried.
3. The invocation was given by Parks and Recreation Commissioner Harry Crump.
4. The Pledge of Allegiance was led by Councilman Souder.
5. CEREMONIAL MATTERS - None
6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None
7. CONSENT CALENDAR
Councilman Souder removed Item D from the Consent Calendar. Councilman Breazeal moved to approve
the remainder of the Consent Calendar, seconded by Councilman Souder and unanimously carried.
A. APPROVAL OF MINUTES: 1. Regular meeting of May 5, 1998
2. Special meeting of May 6, 1998
Approved as submitted the minutes of the regular meeting of May 5, 1998, with Mayor Pro Tem
Brook abstaining, and the minutes of the special meeting of May 6, 1998,• with Mayor Pro Tem
Brook and Councilman Breazeal abstaining.
B. LEI "1'ER OF REQUEST FOR CHANGE OF LOCATION FOR FIREWORKS STAND - TEMPLE
CITY PONY COLT BASEBALL
Approved the change of location for a fireworks stand for Temple City Pony Colt baseball from
5829 Rosemead Boulevard to 6515 North Rosemead Boulevard.
C. PURCHASE OF PORTABLE SOUND SYSTEM
Approved the purchase of a Liberty MPB- 4500WR2 portable sound system and amended the
budget accordingly.
E. RELEASE OF GRADING BOND -- PARCEL MAP NO. 24477 AT 5613 PAL MAL AVENUE
(OWEN DEVELOPMENT)
Released security bond in the amount of $7,000.
F. RETAINER AGREEMENT - ROPERS, MAJESKI, KOHN & BENTLEY, ATTORNEYS AT LAW
Authorized the City Manager to execute a Retainer Agreement with the law firm of Ropers,
Majeski, Kohn & Bentley for legal services associated with the El Monte Home Depot project.
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May 19, 1998
Page 2
G. PETTY CASH REPORT
Received and filed.
H. PROPOSAL FOR THE CITY'S OWN INTERNET WEBSITE
Approved a budget amendment for establishing the City's own website as proposed, including the
registration of the City's own unique domain name, purchase of necessary software to allow on -site
editing of the website, and setup of an annual account with a web server housing vender.
APPROVAL OF FINAL PAYMENT FOR THE PREVENTIVE STREET MAINTENANCE
PROJECT (LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT COOPERATIVE
AGREEMENT NO. 70813)
Approved final payment in the amount of $393,769.32 to the Los Angeles County Public Works
Department for preventive street maintenance work performed by private contract services,
authorized the transfer of $310,000 from Account No. 21- 972 -7500 -120 to Account No. 21 -972-
7500 -110, $15,000 from Account No. 21- 972 - 7400 -120 to Account No. 21- 972 -7400 -110, and
amended the budget accordingly.
J. APPROVAL OF PROGRESS PAYMENT NO. 2 FOR THE LIVE OAK PARK WATER
IRRIGATION IMPROVEMENT PROJECT (NO. 96 -004)
Approved a progress payment No. 2 in the amount of $13,797.14 to Diversified Landscape
Company for the Live Oak Park Water Irrigation Improvement Project.
K. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) MUNICIPAL
STORMWATER PERMIT - MEMORANDUM OF UNDERSTANDING FOR EDUCATIONAL
SITE VISIT PROGRAM AND RELATED FUNDING
Approved the memorandum of understanding between the City of Temple City and Los Angeles
County to obtain funding for NPDES mandated educational site visits and authorized the City
Manager to sign.
L. RESOLUTION NO. 98 -3671, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION FOR ADMINISTRATION
OF THE PVEA GRANT
Adopted Resolution No. 98 -3671, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE ' CALIFORNIA ENERGY COMMISSION FOR ADMINISTRATION OF A GRANT
APPROPRIATED FROM THE PETROLEUM VIOLATION ESCROW ACCOUNT UNDER
SENATE BILL 368.
M. CAPITAL IMPROVEMENT PROGRAM MONTHLY STATUS REPORT
Received and filed.
N. RESOLUTION NO. 98 -3669: APPROVAL OF PAYMENT OF BILLS
Adopted Resolution No. 98 -3669 allowing claims and demands in the amount of $484,296.37.
D. PLANNING COMMISSION ACTIONS - Meeting of May 12, 1998
Councilman Souder referred to Item 4. and asked if this is the same site that was supposed to be
an art gallery several years ago.
Community Development Director Dawson stated it is currently an office use and a Buddhist group
is requesting to occupy the entire building. •
Councilman Souder moved to receive and file the Planning Commission actions for the meeting
of May 12, 1998, seconded by Councilman Breazeal and unanimously carried.
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City Council Meeting Minutes
May 19, 1998
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Councilman Breazeal moved to add to the agenda under New Business approval of design plans for the
Citywide Sidewalk Wheelchair Access Ramp Project, and authorization to solicit bids, seconded by
Councilman Souder and unanimously carried.
City Manager Riley explained the plans and specifications were received late Friday after the agenda had
been published and the funds must be committed prior to June 30, 1998.
8. UNFINISHED BUSINESS
A. CONTINUED PUBLIC HEARING: ZONING CODE AMENDMENTS AND EXTENSION OF
MORATORIUM FOR THE SINGLE FAMILY RESIDENTIAL R -1 ZONE
Councilman Breazeal reported Councilman Wilson has requested this item be continued for
another two weeks. He suggested taking testimony for the continued public hearing and
continuing consideration of items 3 through 11 of the staff report. He also suggested introducing
this evening an ordinance incorporating items 1 and 2 of the staff report.
Mayor Gillanders declared the continued public hearing open and invited those wishing to speak
on this matter to come forward.
Councilman Breazeal moved to continue the public hearing to June 2, 1998, for a decision by a full
Council to consider an ordinance encompassing items 3 through 11 of the staff report dated May
19, 1998, seconded by Mayor Pro Tem Brook and unanimously carried.
Councilman Breazeal moved to approve the Negative Declaration and introduce for first reading
by title only Ordinance No. 98 -820, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO ISSUES
OF BULK AND SCALE IN THE SINGLE FAMILY RESIDENTIAL (R -1) ZONE, seconded by
Mayor Pro Tem Brook and unanimously carried.
Mayor Gillanders declared the public hearing open for consideration of an extension of the
moratorium, Ordinance No. 98 -821U, for an additional 90 days.
There being no one wishing to speak, Councilman Breazeal moved to close the public hearing,
seconded by Councilman Souder and unanimously carried.
Councilman Breazeal moved to adopt Ordinance 98- 822UE, AN INTERIM ZONING ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ZONING
ORDINANCE NO. 98-821U FOR A PERIOD OF NINETY DAYS, seconded by Councilman Souder
and unanimously carried.
B. RECOMMENDATION REGARDING THE PURCHASE OF FURNITURE FOR THE LIVE OAK
PARK RECREATION CENTER
City Manager Riley presented background information as outlined in the staff report dated May
19, 1998.
Councilman Breazeal reported Councilman Wilson has requested this item be continued.
Mayor Pro Tem Brook asked if continuing would delay the opening of the building.
City Manager Riley responded it would not delay the opening as the furniture would not be
delivered in time even if ordered now.
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May 19, 1998
Page 4
Community Services Manager Burroughs indicated delivery will be six to eight weeks after the
order is placed.
City Attorney Martin asked if the bids would be open for 30 days.
Community Services Manager Burroughs stated the companies that are most competitive should
extend their bids.
Councilman Souder moved to continue consideration of the purchase of furniture for the Live Oak
Park Recreation Center to June 2, 1998, seconded by Mayor Pro Tem Brook and unanimously
carried.
C. RESOLUTION NO. 98-3668, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT
LIGHTING AND MAINTENANCE ASSESSMENTS FOR FISCAL YEAR 1998 -99 AND
ESTABLISHING THE TIME AND PLACE FOR HEARING OBJECTIONS
City Manager Riley presented background information as outlined in the staff report dated May
19, 1998.
Councilman Breazeal noted the assessment is one -half of what it was a year ago.
David McGrath, 9803 Daines Drive asked when the City Council will respond to homeowners that
have dim or no street lighting on their streets. It is the City's primary responsibility to provide
proper street lighting on residential streets and to insure safety of the residents. He commented
residents with no street lights on their street are paying not only for City parks but aL3o for street
lighting. He noted the following areas without proper lighting. south of Olive on Cloverly, streets
south of Olive branching off of Golden West both east and west; streets east of Baldwin branching
off of Daines and streets branching off north and south such as Gracewood and Hallowell.
Councilman Breazeal stated those areas will be looked at and indicated most streets have adequate
lighting. He reminded Mr. McGrath that park maintenance is not funded through this assessment.
City Manager Riley stated the County's ad valorem pays for street lighting. This assessment is
not used for that lighting. Streets without lighting are that way because the citizens did not want
street lights, however, that may have changed. He indicated he made note of the locations. City
Manager Riley stated the City is in the process of looking for appropriations to perform a citywide
assessment of the condition, ownership and maintenance of the street lights. The City Council
would consider requests from citizens if lighting is inadequate.
Councilman Souder moved to accept the engineer's report and adopt Resolution No. 98 -3668, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998 -99 WITHIN
THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND ESTABLISHING A TIME AND PLACE
FOR HEARING PUBLIC OBJECTIONS, seconded by Mayor Pro Tem Brook and unanimously
carried.
9. NEW BUSINESS
A. PUBLIC HEARING: ZONE VARIANCE 98 -1337 AT 9218 -26 LAS TUNAS DRIVE (WANG)
City Manager Riley presented background information as outlined in the staff report dated May
19, 1998. He requested correspondence received from Mr. Al Valles be included as part of the
record.
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City Council Meeting Minutes
May 19. 1998
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Councilman Breazeal stated Mr. Valles' letter should be included in the staff report should this
item be continued.
Mayor Gillanders declared the public hearing open and invited those wishing to speak on this
matter to come forward.
Councilman Breazeal moved to continue the public hearing to June 2, 1998, seconded by
Councilman Souder and unanimously carried.
B. RESOLUTION NO. 98-3672: PROPOSED TRAFFIC SIGNAL SYNCHRONIZATION•PROJECT
AT VARIOUS LOCATIONS WITHIN THE CITY OF TEMPLE CITY
City Manager Riley presented background information as outlined in the staff report dated May
19, 1998.
Councilman Breazeal asked why the response to complaints about the lights on Las Tunas or
Lower Azusa has been that it is an inherent difficulty of the synchronization that has been
imposed on us by the regional management plan of transportation.
City Manager Riley stated those signals where traffic backs up have not yet been synchronized.
Equipment will be installed at the various signals so that the timing on those signals can be
changed and synchronized with other signals down along the line. A certain amount of traffic will
be allowed to flow along the corridor before it stops. Peak traffic times are also taken into
consideration.
Councilman Breazeal asked where the County found this unallocated pool of Prop C discretionary
funds and suggested the City tap into it for its transportation needs.
City Manager Riley suggested a County representative attend a future meeting to explain the
system to Council.
Councilman Breazeal moved to adopt Resolution No. 98 -3672, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY CONSENTING TO THE ESTABLISHMENT OF
PORTIONS OF LAS TUNAS DRIVE, BALDWIN AVENUE, AND SANTA ANITA AVENUE,
INCLUDING THE INTERSECTION OF LIVE OAK AVENUE WITHIN THE CITY AS PART
OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES, seconded by
Councilman Souder and unanimously carried.
C. APPROVAL OF DESIGN PLANS FOR THE CITYWIDE SIDEWALK WHEELCHAIR ACCESS
RAMP PROJECT (NO. 98 -003) AND AUTHORIZATION TO SOLICIT BIDS
City Manager Riley presented background information as outlined in the staff report dated May
19, 1998.
Councilman Breazeal moved to accept the plans and specifications for the Citywide Sidewalk
Wheelchair Access Ramp Project and authorize staff to solicit construction bids, seconded by
Councilman Souder and unanimously carried.
10. COMMUNICATIONS - None
11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY
At 8:00 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the
minutes of the regular meeting of May 5, 1998; and adopted Resolution No. CRA 98 -661, 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.
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May 19, 1998
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RECONVENED AS CITY COUNCIL
12. ACTION ON REQUEST BY CRA - None
13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE
14. MATTERS FROM CITY OFFICIALS
City Manager Riley reported the legislative analyst's office has released a report stating the State cannot
afford to repeal the vehicle license fee. The State will use other general fu nds to backfill this as they
promised, but eventually the State will run out of money to fund the backfill. Assemblyman Scott's office
advised he will openly oppose this measure on the Assembly floor on Friday. He noted the initiative for
this particular tax cut did not come from the taxpayers, it came from legislators that are interested in the
political gains of offering tax cuts at the expense of local government. $1.4 mil of the City's budget is at
stake.
A. APPOINTMENT OF AD HOC COMMITTEE WITH 'TEMPLE CITY UNIFIED SCHOOL
DISTRICT
City Manager Riley presented, background information as outlined in the staff report dated May
19, 1998.
City Manager Riley suggested committee terms of not more than six months and not less than
three months.
Mayor Gillanders stated he would like to have all Councilmen participate on the committee at one
time or another. It is a five man Council with five different opinions and all should be
represented.
Councilman Breazeal indicated his concern for the lack of continuity when membership changes
frequently.
Councilman Souder suggested rotating every six months.
Councilman Souder moved to appoint Mayor Pro Tem Brook and Councilman Wilson to an ad hoc
committee with the Temple City Unified School District to discuss matters of mutual interest and
concern; and to adopt a policy that every six months one Councilman will terminate membership
and be replaced by another Councilman, seconded by Councilman Breazeal and unanimously
carried.
15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA
A. COUNCILMAN BREAZEAL
Councilman Breazeal announced that Councilman Wilson's husband, Bill Wilson, passed away on
May 15, 1998.
B. COUNCILMAN SOURER
Councilman Souder announced that former Councilman Harry Budds passed away on May 9, 1998.
C. COUNCILMAN WILSON - None
D. MAYOR PRO TEM BROOK - None
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City Council Meeting Minutes
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E. MAYOR GLLLANDERS
Mayor Gillanders requested a special meeting to review commission reorganization and to fill the
vacancy on the Planning Commission.
Council elected to combine discussion of these commission issues with the budget issues already
scheduled for a special meeting on May 27, 1998, with an earlier start time of 6 p.m.
16. CLOSED SESSION
At 8:15 p.m. the City Council recessed to a Closed Executive Session pursuant to Government Code
Section 54956.9(B)(1) and (2) to confer with the City Attorney regarding anticipated litigation: one
potential case.
The City Council reconvened at 8:30 p.m.
ANNOUNCEMENT OF CLOSED EXECUTIVE SESSION
Mayor Gillanders announced the Council received an update from the City Attorney relative to a tenant
in Block B. The information was taken under advisement and received and filed.
17. ADJOURNMENT
At 8:33 p.m., it was moved, seconded and unanimously carried to adjourn in memory of Harry Budds and
Bill Wilson. The next regular meeting of the City Council will be held on Tuesday, June 2, 1998, at
7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City.
Mayor