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HomeMy Public PortalAboutCity Council_Minutes_2004-01-06_Regular 20041 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES JANUARY 6, 2004 INITIATION 1. CALL TO ORDER Mayor Vizcarra called the City Council Regular Meeting to order at 7:33 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, Public Safety Manager Guerrero, Public Services Director Stroud 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Zovak led those present in the Pledge of Allegiance to the Flag. 4. CEREMONIAL MATTERS A. INTRODUCTION OF AUSTRALIAN SISTER CITY STUDENTS Shari Pica, President of the Temple City Sister City Organization, and Lynn Bretz, Sister City Member, introduced six exchange students presently visiting Temple City from its Sister City of Hawkesbury, Australia. The students presented City Council with a commemorative plate. Mayor Vizcarra, on behalf of the City Council, welcomed the students and presented each with a City pin. 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Robert MacLean, representing Cingular, complained of signage that has not yet been installed at the Temple City Square Shopping Center advertising his business. Mr. MacLean said the signage was promised fifteen months ago and Starbucks is the only business name on the sign at present. The City Manager referred him to the property owner who referred him to the City Manager. When he put a banner up over the holidays he received a citation from the City. City Manager Cole responded Mr. MacLean has an agreement with his landlord regarding the subject sign and he needs to address this concern with the landlord. The City has urged the landlord to complete the signage. Regarding the banner, City Manager Cole stated banners are not permitted and Mr. MacLean has continued to put them up at the risk of having them removed by the City and being cited. Mayor Vizcarra added the Council understands the frustration expressed and shares it; however, the City Manager has done what he can in this situation. There is no mechanism that allows the City to put any more pressure on the landlord in this situation. 6. CONSENT CALENDAR Mayor Pro Tem Zovak moved to approve the Consent Calendar, seconded by Councilmember Arrighi and unanimously carried by the following roll call vote: City Council Minutes January 6, 2004 Page 2 AYES: NOES: ABSENT: ABSTAIN: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra Councilmember -None Councilmember -None Councilmember -None A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of December 16, 2003, as presented. B. ACCEPTANCE OF BID, AWARD OF CONTRACT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE AGREEMENT TO SLURRY AND RE- STRIPE TEMPLE CITY SHOPPING CENTER (K -MART CENTER, LAS TUNAS & ROSEMEAD) PARKING LOT Accepted the bid submitted by American Asphalt South, Inc. in the amount of $58,835.58, awarded the contract, and authorized the City Manager to execute the agreement to slurry coat and re- stripe the Temple City Shopping Center (K -Mart Center, Las Tunas & Rosemead) parking lot. C. RELEASE OF GRADING SECURITY FOR PARCEL NO. 53281 AT 6201 OAK AVENUE Authorized release of security in the amount of $27,000 to ensure that grading on the private property was completed at 6201 Oak Avenue, Tract No. 53281. D. FINAL MAP APPROVAL FOR TENTATIVE TRACT NO. 49768 AT 6161 AND 6163 TEMPLE CITY BOULEVARD (JONG /LEE) Approved Final Tract Map No. 49768 at 6161 and 6163 Temple City Boulevard 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 the dedications as indicated on said Map; 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. 49768 the certificate which embodies the approval of said Map. E. CONSIDERATION OF REQUEST FROM THE TEMPLE CITY CHINESE AMERICAN ASSOCIATION TO CO- SPONSOR A CHINESE NEW YEAR EVENT AT TEMPLE CITY PARK Approved the request from the Temple City Chinese American Association to co- sponsor a Chinese New Year event on Saturday, January 31, 2004 at Temple City Park. F. REJECTION OF LOWEST BID, RETENTION OF BID BOND, ACCEPTANCE OF SECOND LOWEST BID, AWARD OF CONTRACT, AND AUTHORIZATION FOR CITY MANAGER TO SIGN THE AGREEMENT FOR THE CRAIGLEE STREET NEW SEWER SYSTEM IMPROVEMENT PROJECT (CIP P02 -08) Approved the following actions relative to the Craiglee Street New Sewer System Improvement Project (CIP P02 -08): 1) rejected the bid submitted by Grgo & Gordon Grbavac Construction; 2) retained the bid bond submitted by Grgo & Gordon Grbavac Construction; 3) accepted the bid submitted by Mladen Grbavac Construction Company in the amount of $38,600; 4) awarded the related contract to Mladen Grbavac Construction Company; and 1 1 1 City Council Minutes January 6, 2004 Page 3 5) authorized the City Manager to sign the agreement with Mladen Grbavac Construction Company for the Craiglee Street New Sewer System Improvement Project. G. PETTY CASH AND VISA CARD REPORTS Received and filed the Petty Cash and Visa Card Reports with the current charges. H. ADOPTION OF RESOLUTION NO. 04 -4235 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 04 -4235, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $707,477.09 DEMAND NOS. 11750 THROUGH 11877. 7. UNFINISHED BUSINESS — None 8. NEW BUSINESS A. HEARING: CONSIDERATION OF RESOLUTION NO. 04 -4234 DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ACCEPTANCE OF THE RECOMMENDATION FOR ABATEMENT OF THE PROPERTY AT 10217 LOWER AZUSA ROAD City Manager Cole stated the City Council was requested to hold a hearing to determine whether or not a public nuisance exists at 10217 Lower Azusa Road. Staff recommended adoption of Resolution No. 04 -4234 which would determine the existence of a public nuisance and allow abatement of the property. At the request of City Manager Cole, Public Safety Manager Guerrero presented his staff report, stating since early 2002 code enforcement staff has been seeking the cooperation of the property owners in voluntarily complying with the provisions of the Municipal Code regarding the unlawful conversion of a two -car garage into living space; lack of adequate front yard landscaping; storage of inoperable vehicles; and the keeping of trash and debris in the open yard areas of the residence at 10217 Lower Azusa Road. On October 21, 2003, the City Council adopted a resolution declaring the intent to conduct a public hearing on whether the conditions present at the subject property constitute a public nuisance. On November 17, 2003, the property was posted with the Notice of Hearing and resolution. Should Council declare the property a public nuisance and the owner fails to abate the nuisance, the proposed resolution authorizes the City Manager to abate the nuisance, constituting a special assessment against the property which would place a lien against the property to be added to the next regular tax bill levied against the property. Staff recommended adoption of Resolution No. 04 -4234 determine the existence of a public nuisance at 10217 Lower Azusa Road and ordering abatement. City Manager Cole stated this City Council has taken particular interest in maintaining and improving property in Temple City. This is the third public nuisance case before this Council and is a process of last resort after staff attempts to gain voluntary compliance. The subject property owner was informed of the possibility of applying for the City's home improvement loan and has not availed himself of that program. The City Council has been provided photographs and materials detailing the nuisance, including pictures taken of the property this morning. The City has received complaint calls from neighbors regarding the condition of the property. It was recommended that Council conduct the hearing to receive testimony and adopt the resolution authorizing abatement of the property after thirty days. Mayor Vizcarra opened the hearing. City Council Minutes January 6, 2004 Page 4 Dale Rogers, 10225 La Rosa Drive, said he lived in Temple City for 57 years and was directly north of the property in question. He has complained every six months for six years about this property. He complimented the present City Manager and new Code Enforcement Officer in getting this far. He was very angry about the past and what he went through with the former City Managers and hoped this process would be followed through. Freeman Rogers, 10225 La Rosa Drive, stated he was for abatement as the property was abominable. He appreciated that Council was doing something about this situation and hoped that it would be finalized very soon. Hearing no further requests to speak, either for or against this item, the hearing was closed. In response to Mayor Pro Tem Zovak, City Manager Cole confirmed the property owner was notified of this hearing and his property was posted. The pending escrow the property owner mentioned at the last hearing did not occur. Councilmember Arrighi moved to include the pictures of the property that were taken this morning into the record, seconded by Councilmember Capra, 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 City Attorney Martin asked Council for their personal observations of the condition of the subject property. Mayor Pro Tem Zovak stated the property owner had ample time to comply and the neighbors should not have to live with that condition. He heard from the City of El Monte that its residents have complained about this property as well. He would be in favor of adoption the resolution. Councilmember Arrighi described the property as atrocious and noted that the neighbors had to endure this unsightly property for some time. He would approve adoption of the resolution. Councilmember Capra echoed Councilmember Arrighi's statement and was glad that the residents appreciated the action and commended the City for taking action. Councilmember Wong thanked Mr. Rogers for his testimony and complimented the City Manager and staff for taking action. She agreed with the Councilmembers' comments. City Attorney Martin .noted for the record the pictures indicate the property is replete with trash and debris, unpermitted living space, and inoperable vehicles as attested to here tonight. Councilmember Arrighi moved to adopt Resolution No. 04 -4234, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AT 10217 LOWER AZUSA ROAD AND ORDERING ABATEMENT, seconded by Councilmember Wong and unanimously carried by the following roll call vote: 1 1 City Council Minutes January 6, 2004 Page 5 AYES: NOES: ABSENT: ABSTAIN: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra Councilmember -None Councilmember -None Councilmember -None City Manager Cole stated he would implement the abatement pursuant to the Municipal Code. The property owner is given thirty days from tomorrow to abate. 9. COMMUNICATIONS — None 10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 8:05 p.m. the City Council recessed to the Community Redevelopment Agency meeting for consideration of the following item. A. JOINT PUBLIC HEARING: CONSIDERATION OF INTRODUCTION AND FIRST READING OF PROPOSED ORDINANCE NO. 04 -892 WHICH AMENDS THE REDEVELOPMENT PLAN FOR THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA FOR THE PURPOSES OF RESTORING THE REDEVELOPMENT AGENCY'S POWER OF EMINENT DOMAIN UNTIL JUNE 15, 2012 City Manager Cole stated for the record that the City Council and the Community Redevelopment Agency Board (jointly the City Council) were in session for the subject joint public hearing, as authorized by Section 33458 of the California Health and Safety Code, for consideration of proposed Ordinance No. 04 -892, amending the Redevelopment Plan for the Rosemead Boulevard Redevelopment Project Area for the purposes of restoring the Redevelopment Agency's power of eminent domain until June 15, 2012. With the aid of a power point presentation, City Manager Cole reviewed the restoration of the powers of eminent domain process through adoption of the proposed ordinance. In providing background information, it was stated the Redevelopment Plan was originally created in 1972 at which time the Agency possessed the power of eminent domain. This power was in effect until January 1999, at which time no action was taken to renew the power and it lapsed. Proposed Ordinance No. 04 -892 would renew the power of eminent domain within the existing Rosemead Boulevard Redevelopment Project Area, a power that the Agency had until January 16, 1999. That is the only thing that adoption of the ordinance would accomplish. There is no expansion of the boundaries of the Project Area made as part of the proposal. The ordinance does not exercise the power of eminent domain; no acquisition of property will occur by adoption of the ordinance, now will any owner be required to sell property. In response to Council questions, City Manager Cole stated the Redevelopment Plan has been amended four times for four different reasons to comply with acts of state legislation. A Project Area Committee is not required as the proposed amendment does not involve properties in which a substantial number of low and moderate income persons reside nor is territory added. Regarding the notification process, City Manager Cole stated two notices of this hearing were sent to all property owners within the Redevelopment Area. In addition, the notice of public hearing was published in the local paper for three successive weeks, and last Wednesday, the Mayor sent an additional courtesy notice to the property owners. Mayor Vizcarra added Council was aware there were some concerns in the community that the City would have the ability to expand beyond this area. He wanted to put people's minds at rest that expansion of the Redevelopment Area City Council Minutes January 6, 2004 Page 6 could not occur without proper process and that was not the proposed action. Another concern was that the notices were sent out during the holiday period, which was just a matter of coincidence. Mayor Vizcarra opened the public hearing. Preston Hawkins, representing the owner of property in Block D next to the theater, said his concern was that his professional building was fully occupied, not blighted and in good repair. It has been in the same ownership for many decades and has been subject to eminent domain for 27 years, which created a great amount of uncertainty. This is very unfair to small business owners to again extend the power of eminent domain for another 30 years. This ordinance will not cause anyone to lose property but it is obvious it is the first step and the Agency would not be seeking this ordinance if it did not intend to take property not for public use. Once a big developer comes into the City there will be tremendous pressure to take residential properties. It would be good to announce if something is being contemplated. He asked Council to postpone adoption of this ordinance and not give the Agency the power to condemn until there is a plan. Keith Canonic said he really commended Mr. Hawkins for his comments. This area is not blighted and the City had 32 years to do what it needed to do. None of this Council was here months ago when this room was jammed out to the sidewalks with people saying they did not want any further redevelopment and Council said there would not be any. He asked Council to eliminate this proposal entirely to steal from one private owner to give to another private owner. Mayor Vizcarra commented that two of the present Council were seated at the time mentioned by Mr. Canonic. Bill Huss, representing the Josephine Coleman Trust, owner of the property on which the Washington Mutual Bank sits, questioned what projects specifically are contemplated for the redevelopment area. City Manager Cole responded that several projects are in the very early stages of discussion, but none involve the property Mr. Huss represents. Mr. Huss asked if there were any place to go and see what these projects are and who is behind them and for what purpose. City Manager Cole stated the projects being considered are very general in concept and generally focused on Block D, and very general negotiations with regard to Block B, but are in such formative stages there are no concrete projects at this point. Mr. Huss continued the next step is to let people know what the project are instead of keeping in a murky area as we do have a right to know what is being planned and have a right to know at every stage. He wished to speak against this action until he knows what the projects are. City Manager Cole stated, while in the formative stages without any firm commitments, it is premature to speak of specifics of projects that may not come to pass. At the point where the players are defined and there is something concrete to present, it will be brought back to Council. He reiterated there are no projects currently contemplated involving the property Mr. Huss represents. Mr. Huss stated it would be fair for us to know who is creating these concepts. 1 1 1 City Council Minutes January 6, 2004 Page 7 City Manager Cole stated, approximately 2% years ago, the City had three community forums, notice of which was sent to every postal customer. At these forums, the residents compiled a list of desirable tenants, including Starbucks, an ice cream shop, and Applebees, all of which are in place or occurring. This Council has responded directly to that list and with staff has spent many hours to achieve what the community desired. Council supports that process that occurred with community participation and has been able to deliver what the people wanted. In response to Mr. Huss, City Manager Cole stated the businesses mentioned were not located on condemned property. The City was able to approach the business owner and property owner to bring these businesses into the City. Mr. Huss stated it has been said that his client's property is not being contemplated for development. However, he was concerned about the vagueness and about what the City proposes to do. It has been set out that issues must be raised now at this hearing and he reserved the right on behalf of his client to raise issues at a later time. City Manager Cole stated, when a concrete project comes before Council, an opportunity will be given to speak on the specifics of the proposal. Conrad Urquidi, 9674 E. Las Tunas Drive, business and property owner in Temple City, stated what concerns many people is the immense power contemplated by a government body for future use. The power of eminent domain is a power so chilling that when exercised, an elderly couple is uprooted or a small business evicted. The key attribute to eminent domain is that a government agency can implement that power on any private property even if the owner does not wish to sell. Private property may not be taken for public use without just compensation. Lawyers and bureaucrats use a broad interpretation to public use with only public benefit required. If illegally termed blighted satisfies public use requirement, an appraiser hired by the agency will determine just compensation. This is not an exact science and may vary in tens of thousands of dollars or more. More importantly, most business or homeowners may not want to sell their property but could be forced into a nightmare existence for what they have worked for and may be compelled to seek legal counsel. Although his property is not involved, if the CRA empowers itself to take someone's property today, it could take his tomorrow. Wayne Edinciton, 5816 Myda Avenue, said several years ago when in the process of condemning homes for Block A to bring businesses in, as an afterthought, the City decided to condemn Bank of America and three homes above Block A at Hermosa and Rosemead, although other property was available. He lived above Block D and noticed that the show has closed and something is going on and Super Duper Video says it will be out in a week. He was very concerned that property will be taken. At the request of Mayor Vizcarra, City Manager Cole stated the Edwards Corporation went into bankruptcy about three years ago, and when emerged about 18 months ago, informed the City of their desire to close the theater without any intervention by the City. It is believed that has occurred and has not involved any action of the City or CRA. Edwards said it would close and determined to do so. Council wishes to be actively involved as to what goes on that parcel, and in responding to the desire of its citizens, is very actively involved in what will be placed on that parcel. Carol Herrera, representing an owner in Block B, said there was a problem with the timing of this hearing in that she could get everyone to look at the staff report she received today. She submitted a letter from the ownership asking for postponement of this item until it can be looked at. If major changes occur in Block B, they will have concerns. To just renew something from back in 1972, it needs to be looked at City Council Minutes January 6, 2004 Page 8 thoroughly to even figure out the boundary. She said the owners she represents were the original developers of the center built in the early 1970's, and so have a long term investment in this property. She would like to see this item postponed. There are traffic problems now and if there are changes to Block B, it will affect traffic patterns. Jerry Jambazian said he was confused about the Edwards property, if it had been sold, if the City bought it, or if it had an opportunity to buy it. City Manager Cole stated he did not know if the property had been sold. The City did not buy it. The City did make an offer on the property and it was not accepted. City Attorney Martin stated in eminent domain, there are two issues: one is power and the other is exercise of power. The exercise of power is what is important. A lot of procedures must be adhered to. The exercise of that power is the place and time to speak of approval or disapproval. City Manager Cole stated, as a matter of record, the City has not received any notification that the Edwards property has been sold; nor is the owner required to notify the City. Keith Canonic said the City is interested in having businesses come to town but every time something like this happens, it disrupts business. Private property is sacred and should be secure. Businesses cannot feel secure when this type of action is being done. Carrie Hawkins, Manager of property in Block D and involved in the ownership, said when something like this happens, she gets calls from the tenants asking what will happen and if they should make plans to move out. Eminent domain is very serious for property owners and she asked Council to consider how it disrupts businesses in the process. Herbert Hawkins stated if the basis of redevelopment is blight and the Agency had this power for 30 years, it should be evidence enough that the redevelopment process should be left alone. Jimmy Chen, 9317 Olive Street, said as a student, he has participated in many projects involving eminent domain. It is very powerful and the City needs a shock to get it going. In the San Gabriel Valley, Cities are allowed to do wondrous things that a private developer cannot do on his own. When developing property, an owner can do what he wants and the City has no control of the direction of an entire area. He . suggested that Council, in addition to adopting the ordinance, form a committee of 5 members of the CRA and 5 owners of property in the area and 5 members of residences or businesses outside of the area. If you can get 15 people, to agree, it is a good project. Hearing no further requests to speak, either for or against this item, the public hearing was closed. The public hearing was re- opened by the City Council to accommodate a member of the public who wished to speak. Dr. La Vonne Wood, 45 year resident of Temple City, wished to compliment Council for the beautiful job along the Boulevard, which did something significant and had an impact. She appreciated the reference to input years back and hoped Council would consider doing the same thing. The problem is lack of total trust. People would like 1 1 1 1 1 City Council Minutes January 6, 2004 Page 9 to trust and work with community leaders, but the are fearful. She felt if the City did a better job of communicating, it would have a lot more support instead of distrust. You have to listen to the community to have a harmonious process for improving the businesses that the people want. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Mayor Pro Tem Zovak stated he could understand property owner's concerns with eminent domain. Tonight what is proposed is for a process to be put in place for Council to consider when considering development. When a project is considered, the notification process will go beyond what is considered tonight, by law. Referring to those who spoke of creating uncertainty, he reminded then that their property has always been in a redevelopment area since 1972. Nothing new is being added other than renewing the power of eminent domain which is necessary if development is to be realized, and it needs to be responsible development. Since the forums were held and the wish list formed, Council has been implementing them and changes are slowly appearing in the City. Council has taken the approach of filling vacancies first and have had some success with that. Now we have to take the next approach so that everything is in place to set in motion once a determination is made that a project is possible. Rosemead needs a lot of attention; there are serious issues with the center that need to be looked at. We have heard from many more people saying we need to do something. Now in order to be proactive, we need to bring that power back so we can look at projects. This is a useful need to have if we want to do anything on Rosemead. There is no reason not to vote for amending the plan to reinstate eminent domain. It is not being reinstated to be abused, but to help effectuate the desires of the community and issues on Rosemead. He stated he would vote in favor. Councilmember Arrighi stated reinstating eminent domain is much like insurance — you pay for it and hope you don't have to use it. Eminent domain is necessary if the City wishes to implement the project the citizens are behind. The City needs this final tool because sometimes it is unable to acquire that last piece of the puzzle to make a viable project go and for the betterment of the whole. He felt it was needed and said of the 54 notices sent out in a five block area, 42 are non - Temple City residents. Only 12 of the 54 notices went to Temple City resident owners; the rest are all out of state. Council was elected by the residents of Temple City and are looking out for the interests of the residents of Temple City. Eminent domain is needed as a last resort and any project involving eminent domain would come before Council. This proposal is just re- instating the power. We read in the local newspaper what is not being done in the City or when is Council getting off it's duff and doing something, and the moment we do, we and asked why and that we can't be trusted. You cannot have it both ways. Councilmember Capra echoed the comments of Mayor Pro Tem Zovak and Councilmember Arrighi. He reiterated that Council is just re- instating a power that the City needs and that was already in place and somehow lapsed in 1999. Council was elected to make a positive change in the City and some areas definitely need some work. In order to do this, certain tools are needed, one of which is eminent domain. We may or may not use it. Constituents have said they want to see some changes and the only way is to start doing something. He said he was definitely in favor of reinstating eminent domain. Councilmember Wong echoed the comments of her fellow Councilmembers. It is a tool that is needed and Council is simply re- instating that power. She would vote in favor. City Council Minutes January 6, 2004 Page 10 Mayor Vizcarra stated one of the reasons he is sitting here is the fact of an eminent domain issue three years ago. At that time he was against it as it affected residential property and is still against is as it affects residential property. A number of things have happened since that time, including the forums held to try to find out what people wanted. There was a good representation of citizens at those meetings to let the City know loud and clear what was wanted. All of us have said during the elections that the business district needs drastic work and still does and the haphazard manner we go about building residences in this City. In an effort to address all of those concerns of the 35,000 residents who have an image of what the want the City to be, we are getting a consultant to help with zoning ordinances to get some kind of consistency in housing so property will continue to increase in value. Regarding the eminent domain issue, the best example why we need to have that authority is the Edwards parcel. Council has no idea what will go in nor has existing authority as to what goes in there. We need the ability in instances like this to have some control over what is happening in our City. That is all this ordinance is doing. He asked that the residents have trust and support of Council and know that Council will be responsible in how that power is used. There is no intent to affect private residences. He asked for resident's support. At the request of the City Council, City Clerk Flandrick read the title of Ordinance No. 04 -892. Councilmember Arrighi moved to waive further reading of Ordinance No. 04 -892, seconded by Mayor Pro Tem Zovak 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 Councilmember Capra moved to introduce Ordinance No. 04 -892, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ROSEMEAD BOULEVARD REDEVELOPMENT AREA, 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 RECONVENE AS CITY COUNCIL The City Council meeting was reconvened at 9:25 p.m. with all Councilmembers present. 11. ACTION ON REQUEST BY CRA - None 12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Jerry Jambazian, 9136 Las Tunas Drive, said his business is on an area of Las Tunas that has no bus benches, trees, pavers or updated lighting and wondered if the improvements up to Loma would be continued up Las Tunas. City Manager Cole responded there was a proposal from the former Council to potentially extend the improvements. However the project was completed last year up to Loma and not continued in the event the area was included in a redevelopment area. While this is not a 1 1 1 1 City Council Minutes January 6, 2004 Page 11 project currently contemplated, if can be put before Council to be included in next fiscal year's budget. Mr. Jambazian said businesses in this area feel they are not treated the same as the downtown area and he asked for Council's consideration to tie this area into the City. 13. UPDATE FROM CITY MANAGER — None 14. MATTERS FROM CITY OFFICIALS A. PARTICIPATION IN LAWSUIT AGAINST STATE OF CALIFORNIA TO INVALIDATE THE PREEMPTION OF ONE - QUARTER CENT OF LOCAL SALES TAX AS PART OF THE "TRIPLE FLIP" City Manager Cole presented a letter from the City of Cerritos announcing that City intends to sue the state because of the "triple flip" proposal as part of the budget to reduce state sales tax by the percentage that would normally come to the City in exchange for a portion of the states property tax. Cerritos believes it is on firm ground to sue the state as a charter city and City Attorney Martin provided his opinion and concurs. The City is asked to favorably consider joining the lawsuit, with the option to lend the City's name to the lawsuit with no cost or Cerritos' proposal to pay a proportionate share of participating charter cities. Staff recommended paying a fair share of the legal costs as there is a benefit once an estimated cost is determined. At this time Council was asked to join the lawsuit in name with a cost to be brought back during the budget process. In response to Councilmember Arrighi, City Manager Cole stated it was not known at this time what other cities have joined, but that information could be brought back with a cost estimate. Councilmember Arrighi moved to authorize the City Manager to enter the City into the lawsuit in name, with cost of funding and other information to be brought back to Council, seconded by Councilmember Capra and unanimously carried. 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS City Manager Cole reported staff is currently attempting to schedule an Ad Hoc School District Committee Meeting and the second meeting of the Task Force Committee. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER ARRIGHI - Councilmember Arrighi wished everyone a prosperous new -year, and better things for Temple City. B. COUNCILMEMBER CAPRA Councilmember Capra echoed Councilmember-Arrighi's good wishes. C. COUNCILMEMBER WONG Councilmember Wong agreed with Councilmember Arrighi's comments and thanked everyone for their comments this evening. Councilmember Wong reported she attended the Rose Parade to support the Temple City High School Band. She requested recognition be given to Janice Murasko and Robert Hewitt for recruiting and arranging for transport for over 600 residents to attend the parade to support the band. D. MAYOR PRO TEM ZOVAK Mayor Pro Tem Zovak asked for the status of the Sultana Parking Lot and City Manager Cole responded a letter has been sent to the engineers informing them that City Council Minutes January 6, 2004 Page 12 the authorization to go to bid by Council finalized the project and directed to go out to bid no later than the first of February. At this time the engineers are completing the final design with Council amendments. Regarding entry signage on Rosemead, Mayor Pro Tem Zovak said he believed the City had the ability to qualify for CDBG funding using low to moderate census tracts. City Manager Cole stated approval of CDBG funding for next fiscal year is scheduled for public hearing on the next agenda. In response to Mayor Pro Tem Zovak's inquiry regarding Facade Improvement Program status, City Manager Cole replied a status report would be provided to Council on the next agenda. Regarding a date for the final evaluation of the City Manager which is to be completed by the end of the month, the City Manager's Secretary Will contact each Councilmember to schedule a meeting date. Mayor Pro Tem Zovak wished staff to look at current status of business uses in the downtown area as Council has been working to make improvements along Las Tunas. He suggested the City and Chamber co- sponsor a sidewalk sale -type event for the downtown area during the summer as had been done long ago. E. MAYOR VIZCARRA Mayor Vizcarra wished everyone a happy new year. 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 9:42 p.m. MAYOR ATTEST: 1 1 1