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HomeMy Public PortalAboutCity Council_Minutes_2001-12-18_Regular 20011 1 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES DECEMBER 18, 2001 INITIATION 1. CALL TO ORDER Mayor Wilson called the City Council Meeting to order at 7:30 p.m. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson Councilman -None City Manager Cole, Public Safety Manager Blackwell, Parks and Recreation Director Burroughs, Community Development Director Dawson, City Clerk Flandrick, Senior Management Assistant Flod, Financial Services Director Maldonado 3. INVOCATION The Invocation was given by Pastor Glenn Layne, First Baptist Church, 6019 Baldwin Avenue. 4. PLEDGE OF ALLEGIANCE Senator Jack Scott led those present in the Pledge of Allegiance to the Flag. The order of the Agenda was changed for the convenience of those present. 5. CEREMONIAL MATTERS B. PRESENTATION BY SENATOR JACK SCOTT Senator Jack Scott presented an update on the present state of California and other issues of interest, noting the downturn of the economy, the current unemployment rate of 6% and results of the electricity crisis. Mr. Scott reported General Fund revenues of $68.3B down from a projected $75B and referred to the state's major issues of: education which consumes over 50% of the budget, increased pay and number of teachers, and reduced class size; public safety with overall crime rate down, increasing the number of police officers, toughening sentences of criminals and felony convictions for carrying a concealed weapon. Statistics were offered on number of deaths caused by gunfire versus auto accidents. Mayor Pro Tem Gillanders exited the meeting at 7:46 p.m. Senator Scott responded to questions from Council regarding Vehicle License Fees (VLF) reduction, low- moderate income and affordable housing objectives, and housing bond incentives. Mayor Pro Tem Gillanders re- entered the meeting at 8:04 p.m. A. SELECTIVE SERVICE PROCLAMATION Mayor Wilson presented a proclamation designating the month of December 2001 as "Selective Service Registration Awareness Month" to Jim McDonald representing the Selective Service Organization. City Council Minutes December 18, 2001 Page 2 Mayor Wilson stated there was a request to place an emergency item on the agenda. City Manager Cole explained information was provided to staff early this morning of an action taken by the Regional Water Quality Control Board yesterday. The proposed agenda item action would allow Temple City to appeal this action before the Board meets again on January 9, 2002. As the City Council is recommended to adjourn to January 22, 2002, it is necessary for Council to authorize any action to be taken before January 9th at this time. Mayor Pro Tem Gillanders moved: 1) to make the determination that there is a need to take immediate action and the need for action came to the attention of the City Council subsequent to the agenda being posted; and 2) to place this item on the agenda as Item 9A, seconded by Councilman Souder and unanimously carried. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None 7. CONSENT CALENDAR Mayor Pro Tem Gillanders moved to approve the Consent Calendar, seconded by Councilman Zovak and unanimously carried. A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of December 4, 2001, as presented. B. PLANNING COMMISSION ACTIONS — DECEMBER 11 Received and filed the Planning Commission actions of their Meeting of December 11, 2001. C. CODE ENFORCEMENT MONTHLY STATUS REPORT FOR NOVEMBER 2001 Received and filed the Code Enforcement Program Monthly Status Report submitted for November 2001. D. ADOPTION OF ORDINANCE NO. 01 -861 — AMENDING SECTION 3582 OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO PERMITS FOR RESERVED USE OF THE SPORTS AREAS AND PICNIC FACILITIES Waived further reading and adopted Ordinance No. 01 -861, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 3582 OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO PERMITS FOR RESERVED USE OF THE SPORTS AREAS AND PICNIC FACILITIES AT CITY PARKS. E. PETTY CASH REPORT Received and filed the Petty Cash Report with the current charges. F. ACCEPT IMPROVEMENTS AND APPROVE A REDUCTION OF SECURITIES FOR THE ROAD IMPROVEMENTS AT 5506 -16 WELLAND AVENUE, TRACT NO. 53030 Accepted improvements at 5506 -16 Welland Avenue, Tract No. 53030, and authorized the reduction of securities from El Investment Inc. from $17,100.00 to $16,500.00 leaving a new security amount of $600.00. G. CONSIDERATION OF PROPOSED RESOLUTION 01 -4056 APPOINTING MR. DAN ARRIGHI AS TEMPLE CITY'S REPRESENTATIVE ON THE BOARD OF TRUSTEES OF THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT FOR A TERM OF OFFICE ENDING ON JANUARY 1, 2004 1 1 1 1 City Council Minutes December 18, 2001 Page 3 Adopted Resolution No. 01 -4056, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING MR. DAN ARRIGHI AS TEMPLE CITY'S REPRESENTATIVE ON THE BOARD OF TRUSTEES OF THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT FOR A TERM OF OFFICE ENDING ON JANUARY 1, 2004. H. APPROVAL OF PROGRESS PAYMENT NO. 1 TO RHA LANDSCAPE ARCHITECTS — PLANNERS, INC. FOR WORK PERFORMED ON THE LIVE OAK PARK WEST SIDE IMPROVEMENT PROJECTS AND REALLOCATION OF FUNDING SOURCES Reallocated funding sources as proposed and approved progress payment No. 1 in the amount of $17,832.50 to RHA Landscape — Architects Planners, Inc. for professional architectural services performed on the Live Oak Park West Side Improvement Projects (CIP Nos. P01 -16, P02 -02, P02 -03, P02 -04). CONSIDERATION OF PROVIDING FUNDING TO COMPLETE THE COMPUTER REPLACEMENT PROGRAM IN FISCAL YEAR 2001 -2002 AND AMENDING THE BUDGET AS RECOMMENDED Provided funding in the amount of $40,000 to complete the Computer Replacement Program in Fiscal Year 2001 -2002 and amended the budget as recommended. J. AWARD OF ARCHITECTURAL SERVICES CONTRACT AND CONSTRUCTION CONTRACT AND BUDGET AMENDMENT FOR THE DRAFTING ROOM IMPROVEMENT PROJECT (P02 -11) 1) approved a budget amendment in the amount of $2,675; 2) authorized the City Manager to enter into a contract for architectural services with Jo Anna Strada, CID, in an amount not to exceed $780; 3) authorized the City Manager to enter into a contract for the cabinetry with EPPINK of California, Inc., in an amount not to exceed $7,695; and 4) approved an initial payment of $655.94 to Jo Anna Strada, CID, for architectural services relative to the Drafting Room Improvement Project (P02- 11). K. CONSIDERATION OF PROPOSED ORDINANCE NO. 02 -862 AMENDING SECTION 2514 AND ADDING SECTION 2515 TO THE TEMPLE CITY MUNICIPAL CODE ENACTING AS A CHARTER CITY CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE CALIFORNIA CONTRACTS CODE Waived further reading and introduced Ordinance No. 02 -862, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 2514 TO THE TEMPLE CITY MUNICIPAL CODE ENACTING AS A CHARTER CITY CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE CALIFORNIA PUBLIC CONTRACTS CODE. L. ADOPTION OF RESOLUTION NO. 01 -4057 DESIGNATING CITY HOLIDAYS FOR FISCAL YEAR 2002 -2003 Adopted Resolution No. 01 -4057, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ESTABLISHING HOLIDAYS FOR FISCAL YEAR 2002 -2003. M. AUTHORIZATION OF THE CITY MANAGER TO FILE THE NOTICE OF COMPLETION AND TO RELEASE THE 10% RETENTION TO CJ CONSTRUCTION FOR WORK PERFORMED ON CITY WIDE CONCRETE REPAIRS Authorized the City Manager to file the Notice of Completion and released the 10% retention of $10,382.13 on the contract amount of $103,821.25 to CJ Construction for work performed on city wide concrete repairs. City Council Minutes December 18, 2001 Page 4 N. APPROVAL OF CHANGE ORDER NO. 1, ACCEPTANCE OF WORK, FILING NOTICE OF COMPLETION, AND RELEASE OF 10% RETENTION FOR LA ROSA CORPORATE YARD IMPROVEMENTS (CIP P00 -04) Approved change order No. 1 in the amount of $390.04; accepted work performed by SBS Corporation; authorized the City Clerk to file the Notice of Completion; and authorized the City Manager to release the 10% retention after 35 -day lien period for La Rosa Corporate Yard Improvements (CIP P00 -04). O. RELEASE OF GRADING SECURITY FOR TRACT NO. 53057 AT 5661 -5663 SULTANA AVENUE Authorized release of grading security in the amount of $7,700.00 to Texton Construction, for Tract Map No. 53057 at 5661 -5663 Sultana Avenue. P. ADOPTION OF RESOLUTION NO. 01 -4058 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 01 -4058, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $237,297.69 DEMAND NOS. 6376 THROUGH 6453. 8. UNFINISHED BUSINESS A. CONSIDERATION OF SECTION 3320 ET SEQ. OF THE TEMPLE CITY MUNICIPAL CODE (OVERNIGHT PARKING RESTRICTIONS) City Manager Cole stated, based upon a request from Mayor Pro Tem Gillanders, Council was requested to consider modifying and /or repealing Section 3320 et seq. of the Temple City Municipal Code. These Sections of the Code prohibit parking of vehicles on any city street between the hours of 3:00 a.m. and 5:00 a.m. and provide for a permit process to allow exceptions to this general prohibition. Council implemented this ordinance in 1965, and it has been in effect, with some amendments made, for over 36 years. When Council considered this item earlier this year, the general item of concern was public safety. The Sheriff's Department very emphatically stated the overnight parking prohibition contributes to the overall general health, safety and welfare of the residents and should be maintained. Prohibition of overnight parking also encourages residents to make full use of their garages for parking purposes. It was anticipated that relaxing or repealing this restriction could lead to an increase in the number of illegal conversions of garage space into dwelling space. Mayor Pro Tern Gillanders disagreed, stating there is no data to support the staff report statement that the prohibition positively impacts overall safety. There is evidence to support the contrary. In speaking with two long time Planning Commissioners, Mayor Pro Tem Gillanders said he learned that the ordinance was enacted to correct one individual's actions, which does not serve to punish 35,000 citizens. He felt this was a theft of public money and there was much evidence the city's parking laws have been abused. City Manager Cole responded, as stated in the staff report, objective data does not exist in support of the safety factor. Permit fees do contribute to the City's revenues and the City receives approximately $130,000 in revenue from permit and citation fees. He reiterated his concern of the state possibly taking actions adversely affecting the City's General Fund revenues. Mayor Wilson said she did not object to the 3:00 -5:00 a.m. parking restriction but would like to allow anyone who wants a permit to be able to get one for the $37.00 fee. Mayor Pro Tem Gillanders agreed. 1 1 City Council Minutes December 18, 2001 Page 5 In response to Councilman Zovak, City Manager Cole stated, currently the ordinance provides for an inspection of the resident parking situation when obtaining a new permit or a renewal to ensure the vehicles could not be parked legally in the garage or driveway. Mr. Cole said he believed the requirements set forth in the ordinance were not overly broad. Councilman Zovak noted Temple City ranks in middle or lower cost of annual parking fees in comparison to other cities. He was happy with the system as it is set up and believed there is an element of public safety and quality of life issues concerned with the welfare of our constituents. Based on this information, he was in favor of keeping the ordinance as it is. Councilman Vizcarra said he and a vast majority of his constituents like the process as it is and felt it fulfills his concept of aesthetics. Temple City has certain things that make it the way it is, such as twice a week trash pickup, and he did not want to change this restriction. Everyone he spoke to who requested an overnight permit received one and had no complaints about the process. Councilman Souder felt the ordinance should remain as is and moved to make no changes to Section 3320 et seq. of the Municipal Code, seconded by Councilman Zovak and carried on the following roll call vote: AYES: Councilman - Souder, Vizcarra, Zovak NOES: Councilman - Gillanders, Wilson ABSTAIN: Councilman -None ABSENT: Councilman -None Mayor Wilson reiterated that she was in favor of the 3:00 -5:00 a.m. parking restriction but felt anyone who wished to obtain an annual overnight parking permit be entitled to purchase one. 9. NEW BUSINESS A. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO APPEAL THE DECISION OF THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD APPROVING THE FIVE -YEAR NPDES PERMIT AND TO TAKE OTHER RELATED ACTIONS City Manager Cole stated Council has supported the Coalition for Practical Regulation (CPR) of 34 cities in the San Gabriel Valley working with the Los Angeles Regional Water Quality Control Board regarding the NPDES permitting process. Mr. Cole said he attended the opening hearing of the Board, and while the Coalition has done an excellent job in identifying problems, the Regional Board determined to adopt the permit. The action proposed recommends Council authorize an appeal of this decision to the State Board by January 9th In response to Councilman Souder, City Manager Cole stated the CPR retained the services of attorney Rich Montevideo to file the appropriate appeal with the State Board in Sacramento and encouraged all cities to join the appeal. The CPR will hold a meeting of all cities to inform them what will occur when the appeal is filed. Mayor Pro Tem Gillanders moved to approve joining the appeal in an advocacy position and authorized the City Manager to appeal the decision of the Los Angeles Regional Water Quality Control Board approving the Five -Year NPDES Permit and to take other related actions, seconded by Councilman Vizcarra. In response to Councilmen Souder and Zovak, City Manager Cole stated, in addition to the $10,000 membership fee paid by the City, there is a potential expense of City Council Minutes December 18, 2001 Page 6 $2,500 that may occur. Once it is known how many cities will participate, a better cost estimate will be available. If the amount is significantly higher than $2,500, City Manager Cole confirmed he would come back to Council for authority, and if the appeal is not granted, he would come back to Council for additional authority before becoming party to a suit. The motion passed unanimously. 10. COMMUNICATIONS — None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 8:35 p.m., the City Council met as the Community Redevelopment Agency; approved Minutes of the Regular Meeting of December 4; adopted Resolution No. CRA 01 -769 approving the Annual Agency Report for July 1, 2000 to June 30, 2001; and adjourned to January 22, 2002. Minutes of the Agency are set forth in full in the Agency records. RECONVENE AS CITY COUNCIL The City Council Meeting reconvened at 8:38 p.m. with all Councilmembers present. 12. ACTION ON REQUEST BY CRA A. TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR JULY 1, 2000 TO JUNE 30, 2001 The Temple City Community Redevelopment Agency approved the Annual Report for July 1, 2000 to June 30, 2001, which was presented to City Council for review. In accordance with the Community Redevelopment Law, the annual report must be filed with the City Council, the California Department of Housing and Community Development, and the Office of the State Controller. City Manager Cole requested Council receive and file the Annual Report. Councilman Souder moved to receive and file the Temple City Redevelopment Agency Annual Report for July 1, 2000 to June 30, 2001, seconded by Mayor Pro Tem Gillanders and unanimously carried. 13. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA— None 14. UPDATE FROM CITY MANAGER — None 15. MATTERS FROM CITY OFFICIALS — None 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN SOUDER Councilman Souder thanked Parks & Recreation Director Burroughs and her staff and all involved with the wonderful Christmas Parade two weeks ago and wished everyone a Merry Christmas. B. COUNCILMAN VIZCARRA Councilman Vizcarra praised the great chili at the Parade and wished everyone a Merry Christmas. C. COUNCILMAN ZOVAK Councilman Zovak asked for an update on the recent coyote attacks. Public Safety Manager Blackwell stated a tranquilizer gun and chemicals were purchased and the Animal Control Officer is practicing for accuracy and will soon be 1 1 1 1 City Council Minutes December 18, 2001 Page 7 adjusting his hours to patrol evening hours. Sightings have been down dramatically and an animal trap is also available for use. A policy for conditions of use of the tranquilizer gun will be coming back to Council for approval. Councilman Zovak suggested several options regarding the Dial -a -Ride Program, including expanding existing service for shopping outside of the area and a voucher program. He wished everyone a Merry Christmas. D. MAYOR PRO TEM GILLANDERS Mayor Pro Tem Gillanders informed Council six students from Temple City were chosen to represent the City for a July visit to its Sister City of Hawkesbury, Australia. The student group from Australia will be arriving December 26 to visit Temple City. E. MAYOR WILSON Mayor Wilson wished everyone Merry Christmas. 17. LITIGATION UPDATE — None 18. CLOSED SESSION — None 19. ADJOURNMENT A. CONFIRMATION OF CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 15, 2002 AND ADJOURNMENT TO JANUARY 22, 2002 ATTEST: Deputy Cit!'rlerk Councilman Souder moved to cancel the Regular City Council Meeting of January 15, 2002 and adjourn to January 22, 2002, seconded by Mayor Pro Tem Gillanders and unanimously carried. The City Council Meeting was adjourned at 8:50 p.m. Mayor