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HomeMy Public PortalAboutCity Council_Minutes_2003-04-01_Regular 20031 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES APRIL 1, 2003 INITIATION 1. CALL TO ORDER Mayor Vizcarra called the City Council Meeting to order at 7:30 p.m. in the Council Chambers located at 5938 Kauffman Avenue, Temple City. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilman - Arrighi, Capra, Wong, Zovak, Vizcarra Councilman -None City Manager Cole, City Attorney Martin, Parks and Recreation Director Burroughs, Community Development Director Dawson, City Clerk Flandrick, Senior Management Assistant Flod, Financial Services Director Maldonado, Public Services Director Stroud 3. INVOCATION Reverend Jesse Cisneros of Victory in Christ Church, 5221 El Monte Avenue, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Former City Councilmember Souder led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS A. PRESENTATION OF MISS TEMPLE CITY CONTESTANTS Miss Temple City Kimberly Winslow introduced the thirteen contestants participating in the Miss Temple City Pageant process. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Tom Naber inquired of the status of the second cable television provider in the City. City Manager Cole replied that Altrio was awarded the contract approximately three months ago. Since then staff has been working with Altrio on preliminary items in the 9 -12 month process at which time construction will begin. Yelena Kulikov spoke of code enforcement citations she received for parking on a concrete slab on her own property. She believed most people did not know such a code existed and submitted pictures of her car parked where she received the citation and other homes where similar situations were depicted. She had asked Mr. Pollard for the number of like citations given in the last two months and was not given a straight answer. Although many people park their cars like she did, she was singled out to be cited. She asked Council to investigate the situation and why the code was implemented. Mayor Vizcarra stated City Manager Code would review the situation and respond to Ms. Kulikov. Cathe Wilson stated she asked on March 18t to have this item put on the agenda and since it was not, took it upon herself to do this project. She went to the City yesterday to ask about using the City seal to put on the certificates that go to service people. This was all she was asking as everything else has been taken care of. She showed Council the materials poster. City Council Minutes April 1, 2003 Page 2 Mayor Vizcarra asked if the program honoring active servicemen applies to all households that have servicemen. Ms. Wilson confirmed this, saying time was of the essence and she asked for Council's approval to use the City seal to get the project going. Councilmember Capra moved to put this item on the next Council agenda, seconded by Councilmember Arrighi and unanimously carried. City Manager Cole reported that the City currently has undertaken two programs in support of our troops. The first involves putting yellow ribbons on city owned property and the second involves an advertising program asking all Temple City families having service members provide information to the City to be included in a display in the lobby at City Hall. 7. CONSENT CALENDAR Councilmember Capra moved to approve the Consent Calendar, seconded by Mayor Pro Tem Zovak and unanimously carried. A. APPROVAL OF MINUTES Approved: 1) Minutes of the Adjourned Regular Meeting of March 18, 2003; and 2) Minutes of the Regular Meeting of March 18, 2003, as presented. B. PARK AND RECREATION COMMISSION ACTIONS — MEETING OF MARCH 19, 2003 Received and filed the Parks & Recreation Commission actions of their Meeting of March 19, 2003. C. REQUEST FOR TRAVEL AUTHORIZATION Authorized out -of -area travel for Councilmembers, Commissioners and staff. D. BUDGET AMENDMENT AND AUTHORIZATION TO PURCHASE DEDICATED COMPRESSED NATURAL GAS VEHICLE WITH AFTERMARKET INSTALLATION OF A TWO -WAY RADIO AND SAFETY LIGHTING EQUIPMENT FOR THE CITY'S R.S.V.P. PROGRAM Authorized staff to purchase a dedicated compressed natural gas Honda Civic to be used with the City's R.S.V.P. Program (including the aftermarket installation of a Motorola CDM 1250 two -way radio, and Whelen safety strobe lighting system) and amended the budget accordingly. E. APPROVAL OF PROGRESS PAYMENT NO. 5 TO TERRA -CAL CONSTRUCTION, INC. FOR WORK PERFORMED ON THE LIVE OAK PARK WEST SIDE IMPROVEMENT PROJECTS Approved progress payment No. 5 in the amount of $212,537 to Terra -Cal Construction, Inc. for work performed on the Live Oak Park West Side Improvement Projects (CIP Nos. P01 -16, P02 -02, P02 -03, and P02 -04). F. FINAL MAP APPROVAL FOR TENTATIVE TRACT MAP NO. 53533 AT 6161 -6209 AVON AVENUE (EGL ASSOCIATES /CHEN) Approved the Final Map for Tentative Tract No. 53533 at 6161 -6209 Avon Avenue (EGL Associates /Chen) by the following actions: 1) made findings as enumerated in the letter from the Los Angeles County Public Works Department; 2) approved the Final Tract Map; 3) accepted dedications as indicated on the Map; 1 1 1 City Council Minutes April 1, 2003 Page 3 4) approved and accepted the work agreements and improvement securities as enumerated in the letter from the County of Los Angeles Department of Public Works; and 5) instructed the City.Clerk to endorse on the face of Tract Map No. 53533 the certificate which embodies the approval of said Map. FINAL MAP APPROVAL FOR TENTATIVE PARCEL NO. 26281 AT 4935 BALDWIN AVENUE'(MURREY /MACKAY)' `Approved the Final Map for Tentative Parcel No. 26281 at 4935 Baldwin Avenue (Murrey /MacKay) by the following actions: 1) ;made findings as enumerated in the letter from the Los Angeles County Public Works Department; 2) approved the Final Parcel Map; 3) approved and accepted the work agreements and improvement securities as enumerated in the letter from the Los Angeles Department of Public Works; and 4) instructed the City Clerk to endorse on the face of Parcel Map No. 26281 the certificate which embodies the approval of said Map. H. APPROVAL OF PROGRESS PAYMENT NO. 6 TO RKA CIVIL ENGINEERS FOR THE DAINES DRIVE RECONSTRUCTION AND STORM DRAIN IMPROVEMENT PROJECT (CIP P02 -07) Approved progress payment No. 6 in the amount of $5,742.70 to RKA Civil Engineers, Inc. for work performed on the Daines Drive Reconstruction and Storm Drain Improvement Project (CIP P02 -07). APPROVAL OF PROGRESS PAYMENT NO. 9 TO RKA CIVIL ENGINEERS, INC. FOR THE CRAIGLEE STREET NEW SEWER SYSTEM IMPROVEMENT PROJECT (CIP P02 -08) Approved progress payment No. 9 in the amount of $817.00 to RKA Civil Engineers, Inc. for work performed on the Craiglee Street New Sewer System Improvement Project (CIP P02 -08). J. APPROVAL OF PROGRESS PAYMENT NO. 9 TO RKA CIVIL ENGINEERS, INC. FOR THE WELLAND AND MCCULLOCH AVENUES CURB AND GUTTER IMPROVEMENT PROJECT (CIP P02 -09) Approved progress payment No. 9 in the amount of $1,462.00 to RKA Civil Engineers, Inc. for work performed on the Welland and McCulloch Avenues Curb and Gutter Improvement Project (CIP P02 -09). K. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR CITYWIDE ADJUSTMENT OF MANHOLE COVER IMPROVEMENT PROJECT (CIP P03 -09) Accepted the bid submitted by Manhole Adjusting Inc. in the amount of $11,628 for the Citywide Adjustment of Manhole Cover Improvement Project (CIP P03 -09), awarded the related contract and authorized the City Manager to sign the agreement. L. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR THE DAINES DRIVE RECONSTRUCTION AND STORM DRAIN IMPROVEMENT PROJECT Accepted the bid submitted by Mobassaly Engineering, Inc., in the amount of $394,748.40; awarded the contract for the Daines Drive Reconstruction and Storm Drain Improvement Project (CIP P02 -07); authorized the City Manager to sign the agreement; and appropriated an additional $113,073 (for a total appropriation of $598,073.00). M. VISA CARD REPORT Received and filed the Visa Card Report with the current charges. City Council Minutes April 1, 2003 Page 4 N. APPROVE AN EXONERATION OF SECURITY GUARANTEEING ROAD IMPROVEMENTS AT 6205 ROSEMEAD BOULEVARD, PARCEL MAP NO. 25283 Approved the work completed, accepted the road improvements for public use and maintenance, and approved exoneration of the remaining security amount of $12,400.00 at 6205 Rosemead Boulevard, Parcel Map No. 25283. O. ADOPTION OF RESOLUTION NO 03 -4161 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 03 -4161, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $670,942.27 DEMAND NOS. 9688 THROUGH 9802. 8. UNFINISHED BUSINESS A. CONSIDERATION OF ADOPTING PROPOSED RESOLUTION 03 -4162 ADOPTING RULES OF ORDER City Manager Cole presented a proposed resolution for Council's consideration in accordance with the section of the charter providing orders of its proceedings and provisions of same. This was presented as in informational item at the last Council meeting. The current resolution adopted two years ago was reviewed by staff who outlined proposed changes and updates to the resolution for various reasons stated in the staff report, in addition to any changes proposed by Council. The proposed Resolution No. 03 -4162 adopting rules of order is recommended for adoption. Councilmember Arrighi moved to adopt Resolution No. 03 -4162, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING RULES OF ORDER, seconded by Councilmember Wong. Mayor Pro Tem Zovak, referring to section 15A regarding allegations of misconduct of Councilmembers, questioned if such allegations report should come from the City Attorney versus the City Manager. City Manager Cole responded such report could come from either the City Manager or City Attorney, noting the City Manager would certainly consult with the City Attorney. In the case of allegations, an appropriate impartial investigation would take place and information submitted to Council for action. City Attorney Martin concurred. In responding further to questions from Council, City Manager Cole stated the misconduct could be outside the duties of Councilmember and would be up to the discretion of the City Council. City Attorney Martin said a judgment as to whether the misconduct impacted Council would have to be made. With no objections, the motion was unanimously carried. B. CONSIDERATION OF PROPOSED RESOLUTION NO. 03 -4163 MAKING APPOINTMENTS TO VARIOUS COUNCIL COMMITTEES Mayor Vizcarra said he was involved in making these appointments and tried to accommodate those preferences received. Councilmember Capra inquired if he could possibly also serve on the Capital Improvement Program Committee, as he would like to have some input. City Manager Cole clarified that all items this committee handles will result in a recommendation to the full Council for approval. Councilmember Capra accepted the appointment as presented. Mayor Pro Tem Zovak moved to adopt Resolution No. 03 -4163, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING APPOINTMENTS. 1 1 1 1 1 1 City Council Minutes April 1, 2003 Page 5 TO VARIOUS CITY COUNCIL COMMITTEES, seconded by Councilmember Arrighi and unanimously carried. 9. NEW BUSINESS A. PROPOSED BUDGET FY 2003 -04 STUDY SESSIONS Mayor Vizcarra presented this agenda item requesting Council to select two dates for Proposed Budget FY 2003 -04 Study Sessions and /or a possible replacement date for the May 20, 2003 Council Meeting. City Manager Cole stated the City Council typically holds two budget study sessions during the month of May to review the proposed budget prior to its adoption by June 30. A number of dates were proposed for Council's consideration. Also, at the last Council meeting, the City Council authorized Council and staff to attend the International Council of Shopping Centers (ICSC) Convention which is scheduled to occur over the second Council meeting date on May 20. It was recommended that Council consider moving the date of the May 20 meeting or combining the second meeting date with a budget study session. Councilmembers discussed canceling the May 20 Council meeting and selecting dates for budget study sessions. Councilmember Capra moved to cancel the City Council meeting of May 20, 2003, seconded by Councilmember Wong and unanimously carried. Councilmember Arrighi moved to hold a special meeting /budget study session on May 12, 2003 at 7:30 p.m. and to hold a regular adjourned meeting on May 27, 2003 at 7:30 p.m., seconded by Mayor Pro Tem Zovak and unanimously carried. B. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION REGARDING PLACEMENT OF A BANNER IN TEMPLE CITY PARK FOR THE NATIONAL DAY OF PRAYER AND WAIVER OF THE INSURANCE REQUIREMENT FOR RESERVED USE OF THE PERFORMING ARTS PAVILION FOR THE EVENT ON MAY 1, 2003 The City Council was requested to review a recommendation from the Parks and Recreation Commission regarding the placement of a banner in Temple City Park advertising the National Day of Prayer event and waiving the insurance requirement for reserved use of the Performing Arts Pavilion. City Manager Cole stated the request from two residents was heard before the Parks & Recreation Commission on March 19. Under the Code, the Commission has the authority to waive fees for the use of the park but reserves the right to the City Council to waive insurance requirements. At their meeting, the Commission heard testimony and made a recommendation to place a banner in Temple City Park advertising the National Day of Prayer and to recommend to Council that the insurance requirement be waived. City Manager Cole stated, although the cost may be an issue for the event sponsors, he could not recommend waiving the insurance requirement. Without the insurance requirement, not only the City but also the sponsors of the event would have certain liability. The insurance would be protection for both parties and the City does offer a program to obtain insurance through the City. Parks & Recreation Director Burroughs responded to questions of Council, relating past practices were determined on a case -by -case basis. City Council Minutes April 1, 2003 Page 6 City Attorney Martin noted an increase in court cases related to extending benefits to church organizations not extended to others. Councilmember Wong inquired of the possibility of an individual donating the cost of the insurance. - Carl Blum, 6224 N. Hart Avenue, sponsor of the National Day of Prayer, thanked the City for its support in waiving the fee in hanging the banner. He understood the insurance issue, and as co- sponsorship with the City is not possible, will proceed some other way. He invited the Council to participate and asked whether the Mayor or representative of Council could be on the program to welcome people. He thanked Council for whatever support they could give. Councilmember Arrighi moved to: 1) approve the Parks and Recreation Commission's recommendation regarding placement of a banner in Temple City Parks; and 2) deny the recommendation from the Parks and Recreation Commission regarding waiving the insurance requirement, seconded by Councilmember Capra and unanimously carried. C. CONSIDERATION, UPON FIRST READING AND INTRODUCTION, OF PROPOSED ORDINANCE NO. 03 -884 OF THE CITY OF TEMPLE CITY ADDING SECTION 4706 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE LOITERING OF STREET GANGS City Manager Cole stated this item was brought to the attention of staff by Mayor Pro Tem Zovak to request Council consider a request from the Honorable Supervisors Molina, Brathwaite- Burke, Yaroslovsky, Knabe and Antonovich representing Los Angeles County, in which each Supervisor sought the City's timely adoption of a local "anti -gang loitering ordinance" to comply with certain supreme court rulings. If adopted, such an ordinance would establish as a public offense for a person who is a member of a criminal street gang or a person who is with a member of the criminal street gang to loiter or idle in any public place with the intent to publicize the gang's dominance over a public place or to conceal criminal activity. Mayor Pro Tem Zovak clarified he was not indicating an existing or prevailing problem in Temple City, but to be pro- active in the event the need arises. In response to Mayor Vizcarra, Lieutenant Sanchez of Temple Station stated the City does have a gang presence, but not a significant problem. Cliff McCreery countered that Council is offering a solution without a problem. Temple City doesn't have gangs regardless of what is heard and peaceful public assembly is a right. He knew with great certainty the local police are not about to handle such an ordinance without selective enforcement. He stated there is no compelling argument for this ordinance. At the Mayor's request, City Clerk Flandrick read the title of Ordinance No. 03 -884. Councilmember Arrighi moved to waive further reading of proposed Ordinance No. 03 -884, seconded by Mayor Pro Tem Zovak and unanimously carried. Councilmember Arrighi moved to introduce Ordinance No. 03 -884, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SECTION 4706 TO THE MUNICIPAL CODE RELATING TO THE LOITERING OF CRIMINAL STREET GANGS, seconded by Mayor Pro Tem Zovak and unanimously carried. 1 1 1 1 City Council Minutes April 1, 2003 Page 7 10. COMMUNICATIONS — None Mayor Vizcarra welcomed Temple City Unified School District Board of Education Members who were present in the audience. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 8:23 p.m., the City Council met as the Community Redevelopment Agency, approved the Minutes of the Regular Meeting of March 18, 2003; adopted Resolution No. CRA 03 -799 allowing claims and demands in the amount of $1,695.20; and met in joint closed session with the City Council for the purpose of consideration of real property acquisition, pursuant to Government Code Section 54956.8. Minutes of the Agency Meeting are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council meeting reconvened at 8:24 p.m. with all Councilmembers present. 12. ACTION ON REQUEST BY CRA— None 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 REPORTS REGARDING AD HOC OR COMMISSION MEETINGS — None 17. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER ARRIGHI — None B. COUNCILMEMBER CAPRA — None C. COUNCILMEMBER WONG — None D. MAYOR PRO TEM ZOVAK Mayor Pro Tem Zovak said the previous Council had considered. the possibility of developing a City gymnasium and had referred the 'issue .to -the Parks .& Recreation Commission for review. The Commission determined;_as there would- be'a significant change on the City Council, to await new direction after the new Council - was - seated. Mayor Pro Tem Zovak requested this item be placed: on -a future agenda either prior to or as part of the budget discussions. City Manager Cole confirmed this item would be placed or' the nextlCouricil agenda as an item for general direction and recommendation to -proceed or not. With no objections, it was so ordered. . E. MAYOR VIZCARRA - None 18. LITIGATION UPDATE The City Council reviewed the most recent litigation update provided by the City Attorney. 19. CLOSED SESSION At 8:27 p.m., the City Council recessed to a joint closed session with the Community Redevelopment Agency for the purpose stated below. City Council Minutes April 1, 2003 Page 8 Purpose: Property: Authority: Negotiating Party: Negotiating With: Under Negotiation: Representatives: consideration of real property acquisition located in Block A and Block B of the Rosemead Boulevard Redevelopment Project Area Government Code Section 54956.8 City Manager/ Executive Director Property Owner(s) and /or Representatives Methodology, price and terms City Manager/ Executive Director, City Attorney/ Agency Counsel The City Council met in closed session for the purpose stated below. Purpose: Authority: Representatives: potential litigation (2 cases) Government Code Section 54956.9 City Manager, City Attorney RECONVENE The City Council meeting reconvened at 9:29 p.m. with all Councilmembers present. CLOSED SESSION STATEMENT City Manager Cole stated the City Council and Community Redevelopment Agency, with respect to Block A, considered a waiver of square foot ratio to accommodate a new tenant and an existing tenant, with no action taken; and with respect to Block B, the City Manager /Executive Director was directed to continue negotiations in effectuating a new tenancy and changes. Regarding the potential litigation cases, the City Council discussed both cases and furthered no decision on either case. 20. ADJOURNMENT The next City Council meeting was adjourned at 9:31 p.m. ATTEST: ' • 1 1