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HomeMy Public PortalAboutCity Council_Minutes_2000-05-16_Regular 20001 1 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES MAY 16, 2000 INITIATION 1. CALL TO ORDER Pursuant to the agenda posted on May 11, 2000, Mayor Souder called the meeting of the City Council to order at 7:30 p.m. on Tuesday, May 16, 2000. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilman- Brook, Gillanders, Wilson, and Souder Councilman - Breazeal City Manager Martin, Community Development Director Dawson, Community Services Director Burroughs, Public Works Coordinator Daniel, Community Development Director Dawson, Maintenance Superintendent Erickson, Public Safety Manager Fetherolf, Senior Management Assistant Flod, Financial Services Director Maldonado and City Clerk Tataseo Councilman Gillanders moved to excuse Councilman Breazeal for cause, seconded by Mayor Pro Tem Wilson and unanimously carried. 3. INVOCATION The invocation was given by Harry Crump, Temple City. 4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dan Arrighi. 5. CEREMONIAL MATTERS - None 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK ON MATTERS NOT LISTED ON THE POSTED AGENDA Marianne Milch, Historical Society President, invited Council to the Society's meeting on Sunday at 3:00 p.m. in the Camellia Room at Live Oak Park. An excellent speaker is scheduled to speak on the live of Mark Twain and refreshments will be served at the conclusion of the meeting. Darrel Frazeur, representing Speed Pride Engineering, stated he felt he was treated unfairly regarding a meeting before the Planning Commission for CUP approval for his business, which was denied. Mr. Frazeur presented information on the situation which was appealed to the City Council and scheduled for the meeting of June 6, 2000. The major issue seemed to be removal of a free standing sign. Mr. Frazeur stated he felt he had met all codes and regulations and asked Council's guidance in this matter. 7. CONSENT CALENDAR Councilman Gillanders moved to approved the Consent Calendar, seconded by Mayor Pro Tem Wilson and unanimously carried. A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of May 2, 2000 and the Adjourned Regular Meeting (Study Session) of May 10, 2000, as presented. City Council Minutes May 16, 2000 Page 2 B. PLANNING COMMISSION ACTIONS - Meeting of May 9, 2000 Received and filed. C. CODE ENFORCEMENT PROGRAM MONTHLY STATUS REPORT Received and filed the Code Enforcement Program monthly status report submitted for April, 2000. D. SOLICITATION OF REQUEST FOR PROPOSALS Authorized staff to solicit proposals for a software for backing up open files, a spare workstation and two printers. E. INTRODUCTION OF ORDINANCE NO. 00 -843 - RELATIVE TO THE FAILURE TO PROPERLY PLACE A DISABLED PERSON PLACARD WHILE PARKED IN A DISABLED PERSON'S PARING SPACE Introduced for first reading (by title only) Ordinance No. 00 -843, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SECTION 3336 TO THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO THE FAILURE TO PROPERLY PLACE A DISABLED PERSON PLACARD WHILE PARKED IN A DISABLED PERSON'S PARKING SPACE. F. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR BUS SHELTER MAINTENANCE Approved award of bid to ShelterCLEAN, Inc., in the amount of $8,640, for monthly bus shelter maintenance and authorized the Mayor to sign the agreement. G. PETTY CASH REPORT Received and filed. H. RESOLUTION NO. 00 -3832 - APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 00 -3832, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $381,159.10 DEMAND NOS. 2802 THROUGH 2894. 8. UNFINISHED BUSINESS A. RECONSIDERATION OF EXTENDED WARRANTY WITH MUSCO LIGHTING ATHLETIC FIELD LIGHTS AT LIVE OAK PARK City Manager Martin presented a proposal for extended warranty offered by Musco Lighting for the athletic field lights at Live Oak Park, referring to the staff' report. The ten year warranty was approved by the City Council on January 18, 2000 at a cost of $16,000. Upon receipt of the service agreement, it was discovered the warranty was for a period of ten years, or 3,000 hours, whichever came first. Based on the previous year's light usage, the warranty would expire within five years. Staff requested a revised agreement from Musco based on 6,000 hours of use. The cost for the extended warranty, based on 6,000 hours is $25,000, or an additional $9,000. Mr. Martin stated he did not feel extended warranties in general were worthwhile; however this would be a policy decision for Council. The following options were presented: 1) no extended warranty; 2) extended warranty for a period of 10 years or 3,000 hours, whichever comes first at a cost of $16,000; or 1 1 1 1 1 City Council Minutes May 16, 2000 Page 3 3) extended warranty for a period of 10 years or 6,000 hours, whichever comes first at a cost of $25,000, and amend the budget accordingly. Councilman Gillanders stated, in researching the cost of bulbs, he found that, assuming the number of bulbs for each light would be replaced twice, option three would involve about the same amount of cost. Councilman Brook and Mayor Pro Tem Wilson agreed. Councilman Gillanders moved to extend the warranty for a period of 10 years or 6,000 hours, whichever comes first at a cost of $25,000, and amend the budget accordingly, seconded by Mayor Pro Tem Wilson and unanimously carried. 9. NEW BUSINESS A. PUBLIC HEARING: CONSIDERATION OF INCREASE FOR FY 2000 -2001 ZONING FEES, OVERNIGHT PARKING FEES, VEHICLE IMPOUND FEES, PARKING CITATION FEES AND FOR FY 2001 -2002 ANIMAL LICENSE FEES A public hearing was scheduled regarding an increase in zoning fees, overnight parking fees, vehicle impound fees, and parking citation fees for fiscal year 2000 -2001 and animal license fees for fiscal year 2001 -2002. No increase was recommended for Building Fees or Fees for Use of Facilities. City Manager Martin stated fees are reviewed annually and revised when necessary, based on the current CPI. The purpose of the public hearing is to receive input to determine if the fee schedule reflects a fair return to the city based on cost of service. Mayor Souder opened the public hearing and invited all those wishing to speak to come forward. Hearing no requests to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Brook and unanimously carried. Regarding citations, Councilman Gillanders suggested that all applicable code sections be listed on citations and checked off as appropriate, as is done in San Gabriel. He also stated that, from the time the RSVP Program was initiated, there has been a reduction in the number of citations issued and was concerned that the city is not utilizing and/or is slowly cutting back on the efficiency of the RSVP Program. He suggested the City Manager meet with the manager of that department and the Sheriff's Department to see what can be done. Councilman Gillanders moved to determine that the new fees do not exceed the cost of such services, are not impacted by Proposition 218, are necessary based on COLA increases and that any excess is justified on the proposed planning and fmancing of additional services, personnel and responsibilities for the Building and Zoning and (in particular) Code Enforcement Departments and adopt: Resolution No. 00 -3827 approving zoning fees; Resolution No. 00 -3828 approving overnight parking fees; Resolution No. 00 -3829 approving vehicle impound fees; Resolution No. 00 -3830 approving parking citation fees; and Resolution No. 00 -3831 approving animal license fees. City Council Minutes May 16, 2000 Page 4 seconded by Councilman Wilson, and unanimously carried. B. PUBLIC HEARING: PROPOSED BUDGET FOR FISCAL YEAR 2000 -2001 Pursuant to Section 901 of the City Charter, the public hearing was scheduled to allow the Council to hear testimony presented by any interested person about the fiscal year 2000 -2001 budget. City Manager Martin stated last week Council met in a study session to review the proposed General Fund, Special Fund and CRA budget for presentation and public input this evening. The final budget is scheduled for adoption on June 6, 2000. Financial Services Director Maldonado responded to questions regarding the CRA budget. Mayor Souder opened the public hearing and invited all those wishing to speak to come forward. Hearing no requests to speak, Councilman Gillanders moved to close the public hearing, seconded by Mayor Pro Tem Wilson and unanimously carried. In response to Council, Mr. Martin reiterated the Council decision from the study session of May 10, 2000 to fund the Housing Program temporarily for one year with a loan from the General Fund, if necessary, to balance the budget. Councilman Gillanders moved to refer adoption of the budget to June 6, 2000, seconded by Mayor Pro Tem Wilson and unanimously carried. 10. COMMUNICATIONS - None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 7:55 p.m., the Council met as the Community Redevelopment Agency; approved the Minutes of May 2 and May 10, 2000; adopted Resolution No. CRA 00 -715 allowing claims and demands in the amount of $2,295.52; conducted a public hearing regarding the proposed budget for fiscal year 2000 -2001; and referred adoption of the budget to June 6, 2000 with approved funding for the Housing Program temporarily for one year, with a loan from the General Fund, if necessary, to balance the budget. Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council reconvened at 7:58 p.m. RECESS TO FINANCING AUTHORITY At 7:58 p.m., the Council met as the Financing Authority; approved the Minutes of April 4 and May 10, 2000; conducted a public hearing regarding the proposed budget for fiscal year 2000 -2001; and referred adoption of the budget to June 6, 2000. Minutes of the Authority are set forth in full in the Authority's records. RECONVENE AS CITY COUNCIL The City Council reconvened at 8:00 p.m. 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE - None 1 1 1 1 1 1 City Council Minutes May 16, 2000 Page 5 14. MATTERS FROM CITY OFFICIALS - None 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL - Absent B. COUNCILMAN BROOK - None C. COUNCILMAN GILLANDERS - None D. MAYOR PRO TEM WILSON Yard Sales - Mayor Pro Tem Wilson presented an ordinance amendment allowing quarterly yard sales on specified dates for all residents, thereby making it easier for Code Enforcement to enforce yard sales and to allow residents an additional two sales per year. Exceptions would still require City Manager approval. This would prove to be an advantage to the city and to the residents. Council discussed the proposal. Councilman Gillanders stated concerns of posted signs being removed promptly, and relying on RSVP for Sunday enforcement. Councilman Brook and Mayor Souder stated concerns regarding enforcement. Mayor Souder stated he felt permits were appropriate for yard sales and that there was not enough enforcement of what we have currently. Council concurred to direct staff to refine the ordinance for review by Council in 60 days, with enforcement procedures. City Hall Hours - Mayor Pro Tem Wilson stated she asked for a survey of area city halls which indicated that many are closed on Fridays. She said she found that there is not much activity on Fridays. City Manager Martin said Ms. Wilson requested an internal survey of employees which showed 23 in favor and 10 not in favor of closing Fridays and working a four day - forty hour week. Mr. Martin said he felt some of Mrs. Wilson's points were well taken and suggested putting this item on the agenda in June with full information for discussion. Councilman Gillanders stated several surveys were conducted in the past and the public was unanimous in not closing on Friday, so the city went with the present program. However, currently whole departments are gone at one time. He opposed a 4 -10 schedule because city hall would be closed to the public each three day weekend and our purpose is public service. Mayor Souder agreed to have the item on the June 6th agenda. In response to Councilman Brook, Mayor Pro Tem Wilson explained she brought the issue up because there is not much public activity on Fridays, and with a limited staff on that day, it is sometimes difficult to have coverage over lunch hours, etc. Councilman Brook expressed concern over adequate staffing and said he would not be in favor of a 4 -10 schedule. Mayor Souder so ordered this item to be scheduled for the last meeting in June. Private Basketball Court - Residential Area - Mayor Pro Tem Wilson referred to the matter of a private basketball court on Longdon which has prompted complaints from a neighbor. She passed out pictures of the court and stated this item has been before Council twice. Today, the complainant submitted the pictures and written materials indicating the inconvenience and impacts • City Council Minutes May 16, 2000 Page 6 of the court, specifically the bright lighting. She suggested some restrictions be placed in the ordinance. At Council's request, Community Development Director Dawson responded regarding the application for an electrical permit that showed the lighting would be shielded. Mr. Dawson stated that improper lighting was used which was not shielded. The property owner was contacted and did direct the lighting down at the court, but it is not yet shielded. As the complainant, Susan Jennings, submitted her information this day which Council did not have ample time to read, Mayor Souder suggested the item be placed on a future agenda. Ms. Jennings was asked if she wished to speak. Susan Jennings, Temple City, referred to the pictures, stating the lights are still aimed at her house causing considerable glare which extends to two houses on either side of the subject property. City Manager Martin suggested scheduling this item for June 6, 2000, informing the property owner in question and inviting him to speak also. E. MAYOR SOUDER Fireworks Permit Regulations - Mayor Souder stated a member of a non - profit group sent to Council copies of contracts of two other non - profit groups questioning their legality based on the municipal code provisions regarding fireworks applications. Mr. Souder stated he asked for this item to be placed on the agenda as he wished for everyone to have a firm understanding of what can and cannot be done. City Manager Martin referred to code section 3117.B. which provides that no person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand. The contract between Patriot Fireworks and Temple City National Little League (dated July 8, 1999) states that Patriot will provide personnel for the stand, which appears to be a violation of the code. There is no such provision in the second contract between Patriot and St. Luke's Parents Committee. Council discussed the issue, with concurrence to leave the ordinance as written and enforce it. Mayor Souder suggested in the future that any contract between the non - profit organization and the fireworks supplier be included in the application packet that is submitted to the city. Kim Deltiempo, representing AYSO, stated she brought this matter to Council's attention because she felt some organizations were not receiving the profit they should. She stated when she was involved with AYSO for millennium fireworks sales, they banked $6,000 - 50% profit, and other organizations only received 10 %, which she felt meant that someone in the middle was taking profits away from the kids. She said she was sure that Little League did not knowingly violate the code. Mayor Souder reiterated Council's wishes to keep the ordinance as written and directed the City Clerk to notify Little League of the violation. If they do not adhere to the code, they will lose the right to participate in fireworks sales. 1 1 1 1 1 1 City Council Minutes May 16, 2000 Page 7 Dan Arrighi, President of Ramrodders Booster Club, appreciated Council taking this item up to ensure that groups are not being misled in their dealings with suppliers. He felt the ordinance as written is correct and should be adhered to. The contract is between the persons signing the contract. Mark McCully, Patriot Fireworks, explained the difference between the two contracts was because of problems with the management of the Little League stand and discrepancies with the receipts that were turned in. Patriot attempted through the contract to recoup some of their losses, and if everything went well with the millennium sales, agreed to go back to their original contract with Little League at 20% instead of 10 %. Mr. McCully stated Patriot wanted to have a say in who was running the stand because of past problems. Mr. McCully stated he now understood that clause no. 8 of the contract indicating Patriot would man the booth was in violation of the code, and that it would be complied with in the future. City Manager Martin stated, as directed by Council, the ordinance will remain as is, a contract will be required to be submitted in the future, and Little League will be put on notice regarding clause no. 8 of the contract which is in violation of the code. Little League was given until June 1, 2000 to submit a revised contract with Patriot Fireworks. 16. LITIGATION UPDATE The City Council received and filed the most recent litigation update provided by the City Attorney. 17. CLOSED SESSION - None 18. ADJOURNMENT It was moved, seconded and unanimously carried to adjourn the City Council meeting at 8:47 p.m. ATTEST: 1 Y1 City Clerk (1. 2-(40,i.J-ucdro