HomeMy Public PortalAboutCity Council_Minutes_2003-12-16_Regular 20031
CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
DECEMBER 16, 2003
INITIATION
1. CALL TO ORDER
Mayor Vizcarra called the City Council Regular Meeting to order at 7:30 p.m. in the Council
Chambers located at 5938 Kauffman Avenue, Temple City.
2. ROLL CALL
PRESENT:
ABSENT:
Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
Councilmember -None
ALSO PRESENT: City Manager Cole, City Attorney Martin, Assistant City
Manager /Parks and Recreation Director Burroughs, Community
Development Director Dawson, City Clerk Flandrick, Senior
Management Assistant Flod, Finance Director Maldonado, Public
Services Director Stroud
3. PLEDGE OF ALLEGIANCE
Councilmember Capra led those present in the Pledge of Allegiance to the Flag.
4. CEREMONIAL MATTERS
A. PROCLAMATION — TEMPLE CITY HIGH SCHOOL BAND
The Mayor presented a proclamation to representatives of the Temple City High
School Band congratulating them on their participation in the 2004 Tournament of
Roses Parade.
5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA — None
6. CONSENT CALENDAR
Mayor Pro Tem Zovak removed Item H and Councilmember Capra removed Item D from the
Consent Calendar. A member of the public also wished to speak regarding Item D.
Councilmember Arrighi moved to approve the remainder of the Consent Calendar, seconded
by Mayor Pro Tem Zovak and unanimously carried.
A. APPROVAL OF MINUTES
Approved as presented:
1) Minutes of the Special Meeting of November 26, 2003; and
2) Minutes of the Regular Meeting of December 2, 2003.
B. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR STREET
IMPROVEMENT PROJECTS ON BALDWIN AVENUE (LOWER AZUSA TO LIVE
OAK, CIP P03 -10); HERMOSA DRIVE (ROSEMEAD TO ENCINITA, CIP P03 -12);
BROADWAY (EATON WASH TO ENCINITA, CIP P03 -13); ELM (MUSCATEL TO
RENO, CIP P03 -14); AND RENO AVENUE (ELM TO LONGDEN, CIP P03 -26) AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
Accepted the bid submitted by All American Asphalt in the amount of $985,608.24,
awarded the contract for the street improvement projects on Baldwin Avenue (Lower
Azusa to Live Oak, CIP P03 -10); Hermosa Drive (Rosemead to Encinita, CIP P03-
12); Broadway (Eaton Wash to Encinita, CIP P03 -13); Elm (Muscatel to Reno, CIP
P03 -14); and Reno Avenue (Elm to Longden, CIP P03 -26), and authorized the City
Manager to execute the agreement.
City Council Minutes
December 16, 2003
Page 2
C. PETTY CASH AND VISA CARD REPORTS
Received and filed the Petty Cash and Visa Card Reports with the current charges.
E. SECOND QUARTER BUDGET AMENDMENTS
Approved the second quarter budget amendments and amended the adopted budget
accordingly.
F. REQUEST FROM TEMPLE CITY AMERICAN LITTLE LEAGUE FOR
AUTHORIZATION TO PLACE ADVERTISING AND SPONSOR BANNERS AT LIVE
OAK PARK
Approved the request from Temple City American Little League for authorization to
place an advertising banner on the tennis court fence and sponsor banners on the
baseball and softball backstops and fences at Live Oak Park.
G. CONSIDERATION OF PROPOSED RESOLUTION NO. 03 -4232 APPROVING
SUPPORT IN THE AMOUNT OF $1,000 FOR THE 50TH ANNIVERSARY
CELEBRATION OF TEMPLE CITY HIGH SCHOOL
Adopted Resolution No. 03 -4232, a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY MAKING PUBLIC BENEFIT FINDINGS AND APPROVING
SUPPORT FOR THE 5011 ANNIVERSARY CELEBRATION OF TEMPLE CITY
HIGH SCHOOL.
2002 -2003 CITY AUDIT REPORTS
Received and filed the 2002 -2003 City of Temple City Audit Reports.
J. ADOPTION OF RESOLUTION NO. 03 -4233 — APPROVAL OF PAYMENT OF BILLS
Adopted Resolution No. 03 -4233, a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$232,216.05 DEMAND NOS. 11653 THROUGH 11749.
D. CONSIDERATION OF PROPOSED RESOLUTION NO. 03 -4231 PROVIDING A
SALARY ADJUSTMENT TO THE CITY MANAGER UPON HIS THIRD
ANNIVERSARY WITH THE CITY
The City Council was requested to consider proposed Resolution No. 03 -4231
providing a salary adjustment to the City Manager upon this third anniversary with the
City.
Cattle Wilson questioned what this will amount to based on the City Manager
receiving 10% above the highest paid employee whose position is vacant now.
City Manager Cole clarified there are many provisions regarding the City Manager's
salary, one of which is the 10% above the highest paid employee. Another provision
in the contract allows Council to grant the Manager any amount based upon
performance. When Ms. Wilson was on the Council, she voted for such a pay raise.
Mr. Cole further stated he just celebrated his third anniversary with the City. In
August Council performed an interim evaluation and based upon that evaluation
showing at least a satisfactory level, he requested a 4% salary increase, which other
employees are granted on an annual basis.
Cattle Wilson stated she wished to know the amount this brings the City Manager up
to, if the request is granted.
Mr. Cole stated the increase of $4,800, if granted, would bring his salary up to
approximately $121,000 per year, which is a matter of public record. Of similar sized
cities in the San Gabriel Valley, even with the salary increase, Temple City would still
remain number 11 out of 15, with 15 being the lowest paid. In response to Ms.
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December 16, 2003
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Wilson, Mr. Cole stated the cities used for comparison are benchmark cities chosen
by the previous City Council.
Mayor Vizcarra stated, based upon his public and private management experience,
this is not a lot of money given the scope of responsibility of the position of City
Manager and the fact he must attend to 5 different elected officials on a daily basis.
Also, looking at other sectors of the economy, this is not a lot of money.
Councilmember Capra said he felt at the present time, he would like to postpone this
action until Council performs a regular evaluation, as it was hard to justify at this time.
He wanted a full evaluation and resolution and discussion at that time.
Councilmember Capra so moved his statement, seconded by Mayor Pro Tem Zovak.
Mayor Vizcarra asked when that evaluation might take place.
City Manager Cole stated the request this evening was for an evaluation period
already closed. If Council felt his performance as reflected in August was satisfactory
or better, he would ask for a salary commensurate for that period already closed. A
goals and objectives session is set for January. Based upon, his other duties, which
are more important even than his own salary, he has not provided a written response
to the August evaluation. He asked Council to respect his request to grant a modest
salary increase granted to all other employees based on satisfactory performance.
Mayor Pro Tem Zovak stated he respected City Manager Cole's position, but the
meeting in January is for goals and objectives for upcoming years and measurable
which is different from a final evaluation and he agreed with Councilmember Capra.
With three new Councilmembers in April, there was a desire to provide an interim
report, from which comments were expected back. It is only appropriate that a final
evaluation is given.
City Manager Cole stated he responded in action to the comments made in August.
He respected Council's comments this evening, but disagreed in that the evaluation
period is ended. He again requested approval of the increase.
Councilmember Arrighi called for the question.
Mayor Vizcarra asked for a definite date for the completion of the evaluation.
Mayor Pro Tem Zovak suggested the evaluation be completed by the end of January.
Councilmember Capra amended his motion to continue this item until a final
evaluation of the City Manager is completed no later than the end of January, 2004.
Mayor Pro Tem Zovak, who seconded the motion, accepted the amendment as part
of the motion, which carried by the following roll call vote:
AYES: Councilmember- Capra, Zovak, Vizcarra
NOES: Councilmember - Arrighi, Wong
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
H. CONSIDERATION OF APPROVING A BUSINESS RETENTION AND ATTRACTION
AGREEMENT BY AND BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA
AND CALAC INVESTMENTS, GP FOR A BLOCKBUSTER VIDEO TENANCY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
City Council Minutes
December 16, 2003
Page 4
The City Council was requested to consider approving a Business Retention and
Attraction Agreement by and between the City of Temple City and CALAC
Investments, GP for a Blockbuster Video tenancy (Agreement) and authorizing the
City Manager to execute said agreement.
Mayor Pro Tem Zovak said he pulled this item from the Consent Calendar because
he felt it warranted an introduction.
City Manager Cole stated the proposed agreement for final approval would result in a
Blockbuster Video coming into Temple City. This would be the fourth success of new
businesses as a result of the City Council's Business Retention and Attraction
Program. The agreement has been fully negotiated within the parameters set by
Council three months ago.
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Mayor Pro Tem Zovak requested more information on the relocation and prevailing
wage provisions and factoring that went into the maximum City contribution of
$100,000.
City Manager Cole responded Council granted authority' to negotiate in a certain
amount of money with three portions of assistance. Disbursement of the various
funds shall occur in the following order of precedence: relocation grant, prevailing
wages grant, and Blockbuster grant. Before any money goes to prevailing wages or
tenant improvements, it would first be disbursed for relocation costs once that
determination is made. Mr. Cole said he believed a relocation claim would not be
made. Regarding prevailing wage, City Manager Cole stated City Attorney Martin
has determined, pursuant to existing law, that charter cities are exempt from paying
prevailing wages. The prevailing wages grant was included in the Agreement should
it be determined to be due by a legal authority.
Councilmember Arrighi moved to approve a Business Retention and Attraction
Agreement by and between the City of Temple City, California and CALAC
Investments, GP for a Blockbuster Video tenancy (Agreement) and authorize the City
Manager to execute said agreement, seconded by Councilmember Wong and
unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
7. UNFINISHED BUSINESS
A. ACCEPTANCE OF PROPOSAL AND AWARD OF CONTRACT FOR COMMUNITY
RECREATION FACILITY FEASIBILITY STUDY
At the request of City Manager Cole, Assistant City Manager /Parks and Recreation
Director Burroughs presented a proposal from the Steinberg Group for consulting
services to study the feasibility of a proposed community recreation facility.
At the October 7, 2003 City Council meeting, Council directed staff to prepare a
Request for Proposal for consulting services to study the feasibility of a community
recreation facility at three sites: 1) City Yard and /or County Road Department facility;
2) industrial parcels on Gidley; and 3) Live Oak Park. At this point, staff has received
word that the County facility is not currently up for sale. Requests for Proposal were
sent out to approximately 60 firms. A total of 16 proposals were received, 5 of which
were invited to participate in the interview process. Director Burroughs reviewed the
evaluation criteria and fee and time frame issues. The Steinberg Group was the
unanimous choice of the interview panel, and a representative from that company
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December 16, 2003
Page 5
was present to answer questions. The City Council was requested to accept the
proposal, award the related contract and amend the budget accordingly.
City Manager Cole stated park acquisition funding would be the funding source. This
is not a general fund project. The proposition this evening is not to build, but to look
at feasibility.
Gladys Maldonado, representing The Steinberg Group, responded to questions from
Council.
Director Burroughs stated staff felt something may be worked out with the County.
Other alternatives could be looked at as part of the study.
City Manager Cole added staff has not approached Supervisor Antonovich's office
yet regarding the County yard. If Council approves the study, then Supervisor
Antonovich would be contacted, and Council may reconsider if that site is not
feasible. A joint use with the County may be possible. There is no indication of any
movement on the Gidley property which is currently for sale. If approved tonight,
staff will officially approach each of the property owners with the potential to work
with them.
Cathe Wilson said it was a great idea as the City needs another facility, but she felt it
should be a recreation place for kids as the seniors are happy at Live Oak Park.
Gidley is not the most desirable area and she felt a two story building at Live Oak
Park on the west side of Gracewood and east of the last tennis court would be
desirable. Regarding basketball and volleyball activities, Ms. Wilson stated it would
be a great idea to have a partnership with Oak Avenue School for kids to play in the
gym and the City could help with the needed improvements there.
Councilmember Wong moved to:
1) accept the proposal submitted by The Steinberg Group;
2) award the related contract and authorize the City Manager to sign; and
3) amend the budget in the amount of $14,375,
seconded by Councilmember Capra and unanimously carried.
8. NEW BUSINESS — None
9. COMMUNICATIONS — None
10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY
At 8:18 p.m., the City Council met as the Community Redevelopment Agency. Minutes of the
Agency Meeting are set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL
The City Council meeting was reconvened at 8:37 p.m. with all Councilmembers present.
11. ACTION ON REQUEST BY CRA
A. CONSIDERATION OF PROPOSED RESOLUTION NO. 03 -4230 (AND CRA
PROPOSED RESOLUTION NO. 03 -819) APPROVING AN AGREEMENT AND
PROMISSORY NOTE BY AND BETWEEN THE CITY OF TEMPLE CITY AND THE
TEMPLE CITY REDEVELOPMENT AGENCY
The City Council and Redevelopment Agency Board (jointly the City Council), were
requested to consider proposed Resolution No. 03 -4230 and CRA proposed
Resolution No. 03 -819 which approve an Agreement and Promissory Note by and
between the City of Temple City (City) and the Temple City Redevelopment Agency
(Agency) in the amount of $15 million.
City Council Minutes
December 16, 2003
Page 6
City Manager Cole, referring to his staff report, stated this is a companion item to the
one just heard by the Community Redevelopment Agency Board, and as separate
legal entities, is now before the City Council for approval. (Please refer to
Community Redevelopment Agency Minutes of December 16, 2003 for referenced
staff report).
Cathe Wilson said she knew how important this issue was as she was on Council at
the time similar decisions were made, and asked how the amount of $15 million was
decided upon. She also stated she knew the Agency still owes $4 million and hoped
the City does not get into the same situation as with Block A in the past.
City Manager Cole responded there is now a different City Council and City Manager
who will ensure that does not happen. Once the loan is set does not mean the
Agency has to borrow the entire amount. If for some reason in the next twelve years
more funds are needed, it would require going through the SB 211 process and
subject to the 25% pass through. Therefore the loan was set at an amount higher
then was anticipated the Agency would need, the control of which rests with Council.
At the request of Mayor Pro Tem Zovak, City Manager Cole briefly relayed what
transpired with Block A in the 1980's. When the Council at that time went through
redevelopment, it was not well thought out and the benefits of the redevelopment
project proposed at that time at the northwest corner of Rosemead and Las Tunas
were not realized. A lot of money was invested that did not produce results. The
current Council has taken bold steps in bringing in new business and has other
properties where it will continue to bring new business into the City. The proposed
Agreement safeguards against repeating the mistakes of prior Councils.
Mayor Pro Tem Zovak moved to adopt Resolution No. 03 -4230, a RESOLUTION OF
THE CITY COUNCIL OF THE. CITY OF TEMPLE CITY APPROVING AN
AGREEMENT AND PROMISSORY NOTE BY AND BETWEEN THE CITY OF
TEMPLE CITY AND THE TEMPLE CITY REDEVELOPMENT AGENCY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, seconded by
Councilmember Wong and unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA — None
13. UPDATE FROM CITY MANAGER — None
14. MATTERS FROM CITY OFFICIALS — None
15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS
A. RFP REVIEW TASK FORCE — RESIDENTIAL DESIGN STANDARDS
Mayor Pro Tem Zovak reported on the Request for Proposal (RFP) Task Force
meeting of December 9, 2003. The City Council initiated the preparation of an RFP
regarding residential design standards to address concerns shared from residents.
Eight responses were received from -urban design firms which were reviewed by the
Task Force composed of Mayor Pro Tem Zovak, Planning Commissioner Siebert,
City Manager Cole, Community Development Director Dawson and Senior Planner
Williams. The Task Force narrowed the proposals down to three and direct
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interviews will be scheduled at a public meeting in January. Mayor Pro Tem Zovak
said a list of questions would be compiled and asked for Council input.
Mayor Vizcarra said this was an area of interest to him as it will determine to a large
degree what the City will look like for 20 -30 years, and he wished to be involved and
also to see the proposed list of questions for the interviewees.
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA
A. COUNCILMEMBER ARRIGHI
Councilmember Arrighi wished everyone seasons greetings and happy holidays.
B. COUNCILMEMBER CAPRA
Councilmember Capra wished everyone a merry Christmas.
C. COUNCILMEMBER WONG
Councilmember Wong said the tree lighting event was wonderful and thanked staff
who worked very hard. She said the Christmas party was great also and wished
everyone a merry Christmas and happy new year.
D. MAYOR PRO TEM ZOVAK
Mayor Pro Tem Zovak said Lights on Temple City and the parade provided a fun time
for everyone and the recognition party was wonderful.
E. MAYOR VIZCARRA
Mayor Vizcarra wished everyone a merry Christmas and happy new year.
Mayor Vizcarra introduced Boy Scout leader Larry Kelly and Troup #167 from St.
Luke's Church.
17. LITIGATION UPDATE
The City Council reviewed the most recent litigation update provided by the City Attorney.
18. CLOSED SESSION — None
19. ADJOURNMENT
The City Council meeting was adjourned at 8:54 p.m.
ATTEST:.-"