HomeMy Public PortalAboutCity Council_Minutes_2004-01-06_Regular 20041
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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
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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:
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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.
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January 6, 2004
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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
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January 6, 2004
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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
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January 6, 2004
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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
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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
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