HomeMy Public PortalAboutCity Council_Minutes_2001-12-18_Regular 20011
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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
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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.
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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.
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City Council Minutes
December 18, 2001
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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
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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
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City Council Minutes
December 18, 2001
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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