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HomeMy Public PortalAboutCity Council_Minutes_2004-09-21_Regular 20041 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES SEPTEMBER 21, 2004 INITIATION 1. CALL TO ORDER Mayor Zovak 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- Capra, Vizcarra, Wong, Arrighi, Zovak 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, Assistant Planner Liu, Public Services Director Stroud 3. PLEDGE OF ALLEGIANCE Councilmember Vizcarra led those present in the Pledge of Allegiance to the Flag. 4. CEREMONIAL MATTERS — None 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Vernon Nelson, 9843 Olive Street, referred to Council granting him an extension of time to remove his illegal sidewalk, and stated he had two major deaths in his family which would necessitate him being out of state for an extended period of time. He requested an additional extension of time in which to have the sidewalk removed. Mayor Zovak reminded Mr. Nelson that Council had approved for the City Manager to grant an additional extension if needed, and suggested Mr. Nelson meet with the City Manager to agree to a timeline. 6. CONSENT CALENDAR Mayor Pro Tem Arrighi removed Item A from the Consent Calendar. Mayor Pro Tem Arrighi moved to approve the remainder of the Consent Calendar, seconded by Councilmember Capra and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None B. PLANNING COMMISSION ACTIONS — MEETING OF SEPTEMBER 14, 2004 Received and filed the Planning Commission actions of their meeting of September 14, 2004. C. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF SEPTEMBER 15, 2004 Received and filed the Parks and Recreation Commission actions of their meeting of September 15, 2004. City Council Minutes September 21, 2004 Page 2 D. RECEIVE AND FILE ANNUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND (SLESF) CONSOLIDATED REPORT AND CERTIFICATION STATEMENT FOR FISCAL YEAR 2003 -2004 Received and filed the annual SLESF Consolidated Report and related certification statement. E. ACCEPTANCE OF PROPOSAL FOR ELECTION SERVICES FOR THE GENERAL MUNICIPAL ELECTION ON MARCH 8, 2005 Accepted the proposal from Martin & Chapman Company for election services for the upcoming General Municipal Election to be held on March 8, 2005. F. APPROVAL OF PERMIT FOR USE OF LOS ANGELES COUNTY LIBRARY PARKING LOT FOR THE 2004 FESTIVAL AND CRAFT FAIRE Approved the permit for use of the Los Angeles County Library parking lot for the annual Festival and Craft Faire on October 2, 2004 and authorized the City Manager to sign. G. CONSIDERATION OF RESOLUTION NO. 04 -4293 AUTHORIZING CITY EMPLOYED CITY MANAGER, PUBLIC SERVICES DIRECTOR, PUBLIC SAFETY MANAGER, PUBLIC SAFETY SECRETARY, AND CODE ENFORCEMENT OFFICER POSITIONS TO PERFORM IN A LAW ENFORCEMENT RELATED FUNCTION, WHICH NECESSITATES ACCESS TO DEPARTMENT OF JUSTICE (DOJ) CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) PROVIDED INFORMATION Adopted Resolution No. 04 -4293, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING CITY EMPLOYED CITY MANAGER, PUBLIC SERVICES DIRECTOR, PUBLIC SAFETY MANAGER, PUBLIC SAFETY SECRETARY, AND CODE ENFORCEMENT OFFICER POSITIONS TO PERFORM IN A LAW ENFORCEMENT RELATED FUNCTION, WHICH NECESSITATES ACCESS TO DEPARTMENT OF JUSTICE (DOJ) CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEMS (CLETS) PROVIDED INFORMATION. H. ADOPTION OF RESOLUTION NO. 04 -4294 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI - Z'BERG- HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 Adopted Resolution No. 04 -4294, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI - Z'BERG- HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A BANNER FOR THE TEMPLE CITY CHAMBER OF COMMERCE ADVERTISING THE TEMPLE CITY UNIFIED SCHOOL DISTRICT'S 50 YEAR CELEBRATION Approved the request from the Chamber of Commerce of Temple City for use of City staff to place and remove the Chamber's banner advertising the Temple City Unified School District's 50 year celebration to be held October 15 -17, 2004, and waived the insurance requirement. J. ADOPTION OF RESOLUTION NO. 04 -4291 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 04 -4291, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $239,973.51 DEMAND NOS. 13809 THROUGH 14375. 1 1 1 1 1 City Council Minutes September 21, 2004 Page 3 A. APPROVAL OF MINUTES The City Council was requested to review and approve the Minutes of the Regular Meeting of September 7, 2004. Mayor Pro Tem Arrighi corrected the Minutes to reflect the name of the Mayor of South El Monte, instead of the Mayor of El Monte, under Item 16D. Mayor Pro Tem Arrighi moved to approve the Minutes of the Regular Meeting of September 7, 2004, as amended, seconded by Councilmember Wong and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 7. UNFINISHED BUSINESS — None 8. NEW BUSINESS A. PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 04 -4292 — APPEAL OF ZONE VARIANCE 04 -1581 AT 5001 -5009 WILLMONTE AVENUE (ROMANI /BRIGGS) City Manager Cole presented an appeal of a Planning Commission decision denying a zone variance to allow the complete refurbishment of four existing single story dwellings on an R -1 zoned parcel. The proposed building rehabilitation will include new windows, drywall, new kitchens, bathrooms, etc. At their public hearing, the Planning Commission considered testimony from the applicant and other members of the public, and on a 3 -2 vote denied the zone variance. The owner exercised his right to appeal to the City Council. All information presented to the Planning Commission, including minutes of that meeting and information submitted by the owner was received by the City Council. At the request of City Manager Cole, Community Development Director Dawson, with the aid of a powerpoint presentation, reviewed his staff report, identifying the subject site on a 19,972 square foot R -1 zoned parcel. The lot is 100 foot wide with small houses. The zoning has been R -1 since 1964 and is R -1 now. Over 50% of the total lot area is landscaped. Although the four dwellings are small in size, the overall density is double the maximum of the surrounding neighborhood, consisting primarily of 50 -foot wide lots with one dwelling per lot. Also, the two front houses are too close to the street to meet today's standards as are the side yard setbacks and elevation. The property has been the subject of code enforcement problems, mostly policing activity, and the units are currently vacant. Director Dawson showed exterior and interior pictures of the units and responded to Council questions. Pictures taken earlier today show the units stripped down to studs. Neighboring support was voiced at the Planning Commission meeting in favor of refurbishing the units. The Zoning Code would allow the owner to split the parcel with one unit on each 50 foot lot, so the owner does have an alternative to make this property conforming to the Zoning Code and General Plan and the surrounding neighborhood. With that option available, it is difficult to make the findings for a variance and the Planning Commission agreed with staff to deny the variance and uphold the code. City Council Minutes September 21, 2004 Page 4 City Manager Cole stated Council heard an item about six weeks ago regarding a legal non - conforming issue. At that meeting, Council directed that they would determine these issues on a case -by -case basis. The Zoning Code specifies that legal non - conforming structures may be maintained, but may not be substantially improved or upgraded. In this instance a "stop work notice" was issued and the property owner then applied for this variance. Mayor Zovak opened the public hearing. Tami Romani, applicant, read her letter dated September 15, 2004, previously submitted to Council, and made a part of the record. Mrs. Romani stated that the request for variance is within the City's required conditions for reasons including: the property is not out of character for the community; previous permits reflected a designation of zone A -1 and the footprint of the structures has not changed. The four houses in question, like most in the neighborhood have been there for 50 years and have not outlived their usefulness. At issue is how much refurbishing is one allowed to do. Pending legislation, Assembly Bill 2702 would theoretically allow two houses to be built on a lot split, and another two "granny flat" houses on each lot, creating units much larger than exist now. The proposed use will not have an adverse effect upon adjacent properties, in fact many surrounding neighbors are in favor of the refurbishment. Mrs. Romani also cited appellate court cases which she felt supported the application. Graham Briggs said he prepared the plans for the refurbishment and was present to answer any technical questions and to address the core issue: how much is too much. The applicants had no idea of the condition of the property when they bought it, and it was not until 2 tenants were evicted that they discovered there was no way to repair the structures. They had to be gutted and to replace what was there. Their intent was to make it better than it was by adding amenities and to bring it up to the standard of the neighborhood. Mr. Briggs responded to questions from Council, stating he was the designer retained by the applicant when the property was red - tagged. There are no photos to show what the units looked like after the tenants were out. No permits were pulled prior to the property being red - tagged. All that had been done prior to that was clean up. He stated he did not come to City Hall to discuss the property prior to it being red - tagged. He was not aware of the setback requirements. Jim Romani, applicant, said he went in to clean up the property and told his guy to take out anything that was damaged, and the next thing he knew it all was totally taken apart. He stated he should have gone to the City to find out what was required, but it was not a structure change and he has done similar work in other cities before. In response to Council, Mr. Romani stated he did pull permits in those other cities, but in some cities he was not required to go to this extent. He stated his family has been in the construction business for 50 years. His realtor did not disclose the property was legal non - conforming when he bought it. He only had a day to decide to buy the property and was only able to see one back unit which was one of the best. He spent close to $10,000 to evict a front tenant and had no opportunity to even look at the other units until after the eviction. He only found out the property was legal non - conforming when it was red - tagged. The clean up crew worked for him. He would have to build monster two -story homes to get his money out of it. He wanted to do this refurbishment for his kids. The structures are in great condition and he just wanted to put new insides back in the units to match the houses on the street. 1 1 1 1 City Council Minutes September 21, 2004 Page 5 He said he understood part of his problem was not coming in to City Hall to inquire about the property. Janice MacKay, 4935 and 4937 Baldwin Avenue, said she lived in the larger home since 1974 and is now living in a small cottage and was very familiar with the neighborhood. Now that the children are growing up they need nice quality rental houses in the neighborhood. The four houses in question have always been there, and until the last 10 -15 years were important parts of the neighborhood. The applicants are doing what responsible property owners do, they are not upgrading or building any fancier quality only repairing and maintaining. She didn't see why a variance is needed as they are only trying to make repairs. Cecelia Rudar, 9716 Olive Street, stated there were several good and bad issues on this project. She has been a realtor since 1967 and was all for affordable housing. The first thing a realtor does is check with the City for the zoning. She could not understand why the zoning was not disclosed by the listing agent who should also advise the buyer to check with the City. She also could not believe the contractor did not know to go to the City and request information. The San Gabriel Association of Realtors has long addressed the Council to get the City to change the regulations for nonconforming properties. If granted for this property, she would like all non- conforming units be allowed to be brought up to code. But here is someone who goes in, does not check with the City, rips everything out and then says he didn't know he should not do that. Our responsibility to buyers and sellers is to let them know what they can and cannot do and to go to the City prior to making an offer. At the Planning Commission meeting, the applicant said he did go to the City. She felt Mr. Romani knew what the rules and regulations were and took advantage of the system and did things deliberately and thought he would not be found out. She supported the Planning Commission's denial of this variance. Michael Moppet, 5033 Willmonte Avenue, said there were 49 homes on Willmonte with only 2 -3 two -story homes which were added on to the back of the house so you don't see the second story from the street. He was concerned about 2 sizeable houses on that property. It was alleged at the Planning Commission meeting that 50- plus year old homes are ready to be torn down, which he found peculiar when buildings across the state 100 -plus years old are deemed to be historic. He felt the applicants were being taken advantage of. Many neighbors signed the petitions Mrs. Romani circulated which were all turned in at the Planning Commission meeting and the Commissioners never even bothered to look at them nor recessed the meeting to examine them. He felt there may be a way to allow this variance — by looking back at city or state codes that allow for a grandfather clause. He also felt the valley needs affordable housing and the Council could do an immense favor to this community and the residents to make this happen. It would be an asset to the community and would enhance property values. Donald Dalton, 4927 Willmonte Avenue, said he has lived here for 37 years and is very familiar with the rental property and can vouch for the damage that was done. He supported the refurbishment of the property and said there was concern of 2 -story homes being built that would devalue the properties around there. He asked Council to consider the neighbors. Mary Kokayko, 6149 N. Camellia, said it was upsetting to her that everyone wants to take the law into their own hands. She said she has property on Longden that was thought to be a flag lot and years later found out that it was one lot. She cannot come to the City and say she didn't know. If she as an individual knew what she should do, than a contractor should know. That is the law. There are no guarantees that he will fix up the property or that he will sell. City Council Minutes September 21, 2004 Page 6 James SaraIle, 4938 Willmonte Avenue, said he owned property 4 houses down across the street and supported the decision to refurbish the homes which are rather small. Single story is important as it is reasonable to expect that most new houses are two -story. What is there has been there for over 40 years and has been acceptable. Recently the tenant was not acceptable, but there is no control over that. He suggested Council look at what is there now, not just on that lot, but in the community. Jim Romani, applicant, said he was not looking for sympathy — he just wants to have 4 little houses as rentals and rent to nice people. He doesn't want to have problems. He is a man of his word and has been in business a long time and does not plan on selling the property. He wants to leave this property for his kids. He has the opportunity to build 2 big houses but he does not want to do that. If he cleans up these houses, it will be nice for the neighborhood and most neighbors want this. In response to Mayor Zovak, Mrs. Romani stated the 3 pages of 16 signatures that Council received in their packet of information are the total signature petitions she submitted. In response to Mayor Zovak, Mr. Romani stated the mention of affordable housing was used only in the sense that he just wanted to make enough money to break even. Mr. Romani stated the title report does not state anything about R -1 zoning. It says multi - family property. Mayor Zovak stated the title report would not show zoning information. Hearing no further requests to speak, either for or against this item, the public hearing was closed. At the request of City Manager Cole, Public Safety Manager Guerrero responded to a question from Councilmember Capra, stating, Code Enforcement action came as the result of a complaint. When Code Enforcement officers responded to the site, they came across 3 semi - trucks, a crew of 30-40 men and bobcats operating on the property. Council deliberation began with Councilmember Capra stating this is a zoning variance request which Council determines on a case -by -case basis. In this particular case, he felt the applicant was misled by the real estate agent who bears some responsibility, but the investor's responsibility would be to check out the property records before spending money to fix it up. In Temple City, we are attempting to conform legal nonconforming properties to the General Plan and have codes and regulations we are trying to follow and uphold. One thing that stands out is that with legal nonconforming — the zoning code specifies maintenance is allowed, but not substantial improvements or upgrades. Therefore he could not find in favor of the applicant and would uphold the decision of the Planning Commission and deny the variance. He added that Ms. Rudar made a valid point that if Council allowed one legal nonconforming property to go outside the boundaries, why not let every such property do it. Councilmember Wong sympathized with the applicant but agreed with Councilmember Capra. The law is the law. Dues to lots of things, one can make a mistake, but this mistake seems impossible for someone with a professional background to make. Councilmember Vizcarra echoed the sentiments expressed and agreed with everything said. He would not have made that mistake and got stuck like that. While 1 1 1 City Council Minutes September 21, 2004 Page 7 he is sympathetic, as a Councilmember, he must look after the good of the whole City. This is one occasion where he must think in bigger terms. Mayor Pro Tem Arrighi echoed with the sentiments of his fellow Councilmembers. Being a former Planning Commissioner, he was unable to make the findings to grant a variance and would uphold the Planning Commission decision. Mayor Zovak commented on speaking before the San Gabriel Valley Board of Realtors and the issue of legal non - conforming came up. Although property owners may say their agent did not tell them, realtors are bound to disclose everything as they are the first to get sued. On this particular request, Mayor Zovak said he agreed with Councilmembers. Although the requested end result might be more appealing, Council has been approached in the past by other owners with situations more marginal than this one and to allow it would set a precedent on legal nonconforming cases. There are not enough findings that could be made on this particular case. Councilmember Capra moved to adopt Resolution No. 04 -4292, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING A REQUEST BY JIM AND TAMI ROMANI FOR A ZONE VARIANCE TO ALLOW THE COMPLETE REFURBISHMENT OF FOUR EXISTING SINGLE STORY DWELLINGS ON A 19,972 SQUARE FOOT R -1 ZONED PARCEL. THE SUBJECT PROPERTY IS LOCATED IN THE SINGLE FAMILY (R -1) RESIDENTIAL ZONE AT 5001 -5009 WILLMONTE AVENUE (ROMANI), seconded by Councilmember Wong and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None B. PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 04 -4289 — COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM In 1992, the Los Angeles County Metropolitan Transportation Authority (MTA) implemented the Congestion Management Program (CMP). In accordance with this program, every city must hold a public hearing and make an annual determination of conformance. City Manager Cole presented the City's self - certification for Fiscal Year 2003 -2004 and the proposed resolution certifying compliance with the CMP, further detailed in the staff report. Mayor Zovak opened the public hearing. Hearing no requests to speak, either for or against this item, the public hearing was closed. Mayor Pro Tem Arrighi moved to adopt Resolution No. 04 -4289, a RESOLUTION OF THE CITY COUNCIL OF THE CITY, CALIFORNIA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089, seconded by Councilmember Capra and unanimously carried. C. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL ENGINEERING AND INSPECTION SERVICES City Manager Cole requested the City Council authorize the City Manager to issue a Request for Qualifications (RFQ) for Professional Engineering and Inspection City Council Minutes September 21, 2004 Page 8 Services. In providing background information on this item, City Manager Cole stated the City has spent a significant amount of money, over $500,000, in the last three years for contract design and engineering services for its Capital Improvement Projects (CIP). In the year 2000, the City found the level of engineering services was not meeting its expectations and Council determined to take a different approach by selecting three firms, each given the opportunity to bid on every City project. The three pre - qualified firms are: TransTech Engineering, RKA, Inc. and Harris and Associates. After four years under that system, the process is once again in need of review, as one of the firms declines to bid and there have been issues with the other two firms. It was proposed to issue a general Request for Qualifications (RFQ) for professional design, engineering and inspection services. It was proposed to change the process to find one firm to serve as the City's contract engineer for an initial term of two years with the potential for two two -year renewal options. Mayor Pro Tem Arrighi moved to authorize the City Manager to issue a Request for Qualifications (RFQ) for Professional Engineering and Inspection Services, seconded by Councilmember Wong and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None D. CONSIDERATION OF A REPORT ON THE CONDITION OF ROSEMEAD BOULEVARD With the aid of a powerpoint presentation, City Manager Cole reported on the condition of Rosemead Boulevard. At the September 7, 2004 City Council meeting, 'Mayor Pro Tem Arrighi requested a report from staff on the condition of Rosemead Boulevard and options available to the City to address concerns along the State Highway. Rosemead Boulevard, as part of the State of California's Highway System, is designated State Highway 19 (also known as State Highway 164). As part of the State Highway system, the street and sidewalk right -of -way are owned, controlled and maintained by the California Department of Transportation (CalTrans). CalTrans has not been able to maintain many of its State Highways, including State Highway 19, to a standard acceptable by local communities. The long standing issues include inadequate condition of the pavement surface and abutting curbs, gutters and sidewalks and the untidy condition of both pavement and sidewalk surfaces. The City has worked in the past with surrounding agencies to consider a joint maintenance effort and many cities have, after a lengthy negotiation process, decided to accept dedication of the State's right -of -way. Two pieces of legislation were provided for Council's review dealing with acquisition of State rights -of -way. Most notably is that piece of legislation that would allow the County to acquire Rosemead Boulevard right -of -way. Staff has been diligently trying to obtain information from the County and State for details, as the long term solution is to acquire the right -of -way. City Manager Cole reiterated what actions could be undertaken in the short term. However, any type of clean -up or maintenance requires an encroachment permit from Caltrans, which can take 6 -9 months to obtain. Public Works Director Stroud is 1 1 1 1 1 1 City Council Minutes September 21, 2004 Page 9 still working to get a permit to install the "No Parking" signs along Rosemead that Council approved some time ago. City Manager Cole answered questions of Council and discussion centered on possible short term solutions. At the suggestion of enlisting aid from legislators and government organizations, City Manager Cole cautioned it may be best until the City is involved in actual right -of -way negotiations to ask for assistance. Mayor Pro Tem Arrighi thanked City Manager Cole for bringing this item forward and reporting to Council. Mayor Pro Tem Arrighi moved to receive and file the report from the City Manager on the condition of Rosemead Boulevard and to direct staff to pursue both short and long term actions, as mentioned in the staff report and discussed this evening, seconded by Councilmember Wong and unanimously carried. E. CONSIDERATION OF AUTHORIZING A DESIGN FOR NEW ENTRY SIGNS FOR THE CITY OF TEMPLE CITY City Manager Cole requested the City Council receive a report on three proposed designs for new entryway signs and to select one design to replace the existing entry signs to the City. City Manager Cole stated, with the near completion of the Sultana Municipal Parking Lot and its entryway sign, it was proposed for Council to consider a new design for the approximately 20 signs located at entry points into the City to replace the decades old signage. At the request of City Manager Cole, Assistant Planner Fang Liu presented a powerpoint presentation of three alternative designs for the entry signage, describing each in turn. The first two designs featured the City flag and seal and the third focused on the bandstand and camellia. Variations of wrought iron works around the signs was suggested. Council discussed the alternative designs and staff responded to questions. City Manager Cole stated the signage would continue a similar theme from the parking lot. The entryway sign approved at budget time using CDBG funding would use the same theme. It was recommended to replace all entryway signage. Council discussed the possibility of also using the selected design as a logo for business cards, letterhead, etc. Mayor Pro Tem Arrighi moved to receive and file the report and bring this item back for discussion along with any others based upon the suggestions and comments received this evening, seconded by Councilmember Capra and unanimously carried. Mayor Zovak suggested the presentation of a proportional scale sign would be helpful to Council. 9. COMMUNICATIONS — None 10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 9:40 p.m., the City Council recessed to the Community Redevelopment Agency meeting. Minutes of the Agency Meeting are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council meeting reconvened at 9:41 p.m. with all Councilmembers present. City Council Minutes September 21, 2004 Page 10 11. ACTION ON REQUEST BY CRA — None 12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke, 5114 N. Sultana Avenue, spoke of the passing of former Councilmember Tom Breazeal, saying he provided good advice and will be missed. The Code Enforcement Officer for her neighborhood is Viet Tran and she felt he takes his work seriously, has a lot of enthusiasm and keeps her informed. She said she was interested in whatever affects the whole or part of the City and reported potholes, grass growing in the street and water coming up out of the street in her neighborhood. In response to Mayor Pro Tem Arrighi, Ms. Burke provided the name of her water company and indicated the location of water bubbling up in the street as the intersection of Sultana and Pentland. Mayor Pro Tem Arrighi stated he would call the General Manager or Superintendent of the water company to check out the situation. 13. UPDATE FROM CITY MANAGER — None 14. MATTERS FROM CITY OFFICIALS — None 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Councilmember Wong stated the Ad Hoc Temple City Unified School District Committee 27 meeting is scheduled for Monday, September ' . Mayor Zovak reported attending a Council of Governments (COG) meeting at which members were encouraged to invite their Councilmembers to show the benefits of being a COG member. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CAPRA Councilmember Capra was pleased with the turnout for Patriot Day and complimented staff on the presentation. B. COUNCILMEMBER VIZCARRA Councilmember Vizcarra felt Patriot Day went well and hoped to see more of the City's younger residents attending in the future. Councilmember Vizcarra attended many sessions of the League of California Cities conference in Long Beach and was impressed with the conference. He recommended attendance for next year. C. COUNCILMEMBER WONG Councilmember Wong agreed with Councilmembers Capra and Vizcarra, saying Patriot Day was wonderful and hoped for a bigger turnout next year. Councilmember Wong also attended Contract Cities meeting at the County Fire Department's training center, which she enjoyed and complimented their personnel. She also attended the League of Califomia Cities conference. D. MAYOR PRO TEM ARRIGHI Mayor Pro Tem Arrighi echoed the sentiments of Patriot Day, saying it was an excellent presentation and wished more young people would attend. Mayor Pro Tem Arrighi attended the League of California Cities conference and carried the City flag at opening ceremonies. He felt the conference was excellent 1 1 1 1 1 1 City Council Minutes September 21, 2004 Page 11 with good speakers and workshops and that Long Beach was well suited for such a conference at their convention center. E. MAYOR ZOVAK Mayor Zovak passed along a resident's report concerning the condition of the grounds at Live Oak Park, seeing a picnic table leaned up against playground equipment, trash and debris and some playground equipment in need of repair for a long period of time. Mayor Zovak said he sat on the nominating committee for the Boy Scouts' District Chairman along with the Mayors of Arcadia and Sierra Madre. At that meeting the Mayor of Arcadia expressed a desire to have a joint meeting with the City Council of Temple City, with the most immediate issue being the entry sign on Las Tunas Drive. In response to Mayor Zovak, City Manager Cole stated he would issue invitations to the City Councils of El Monte and Arcadia, as the invitation to the City of Rosemead has been declined again. 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 9:57 p.m. ATTEST: ... _: City -Clerk MAYOR