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HomeMy Public PortalAboutCity Council_Minutes_1998-05-19_Regular 19981 1 1 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. City Council Meeting Minutes 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. 1 1 1 1 1 1 City Council Meeting Minutes May 19, 1998 Page 3 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. City Council Meeting Minutes 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. 1 1 1 1 1 1 City Council Meeting Minutes May 19. 1998 Page 5 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. Ir City Council Meeting Minutes May 19, 1998 Page 6 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 1 1 1 1 City Council Meeting Minutes May 19, 1998 Page 7 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