Loading...
HomeMy Public PortalAboutCity Council_Minutes_2005-07-05_Regular 20051 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES JULY 5, 2005 1. CALL TO ORDER Mayor Arrighi 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- Gillanders, Wilson, Wong, Capra, Arrighi Councilmember -None ALSO PRESENT: Interim City Manager /City Attorney Martin, Assistant City Manager /Parks and Recreation Director Burroughs, Acting Public Services Director Erickson, City Clerk Flandrick, Assistant to the City Manager Flod 3. PLEDGE OF ALLEGIANCE Parks and Recreation Commissioner O'Leary led those present in the Pledge of Allegiance to the Flag. 4. CEREMONIAL MATTERS A. ADMINISTRATION OF THE OATH OF OFFICE TO NEW PARKS AND RECREATION COMMISSIONER At the City Council meeting of June 21, 2005, the City Council appointed Nanette Fish to the Parks and Recreation Commission. City Clerk Flandrick administered the Oath of Office to Commissioner Fish and Mayor Arrighi presented her with a Certificate of Appointment. 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Peggy Miller, 9717 Woolley Street, said her 7- year -old daughter was currently a member of the Stars Club and had Type 1 diabetes. She would like her to stay in the program, but she would need to have a staff member check her daughter's blood glucose levels probably once a day. She was told by staff that Council would have to approve it. Interim City Manager Martin stated this issue came up in staff meeting and the problem is to what extent our staff can provide medical assistance and give shots, etc. He recommended this issue be taken to the Parks and Recreation Commission for further direction. Mayor Pro Tem Capra moved to refer this item to the Parks and Recreation Commission, seconded by Councilmember Wong and unanimously carried. Mary Burke, 5114 N. Sultana Avenue, expressed appreciation to Chuck Souder who first invited the Marine Band to play at the City's Independence Day celebrations, which is a highlight of the year for most people. She also congratulated Linda Payne for the award she received from Senator Jack Scott and for what she has done for the City's businesses. Mary Kokayko stated she had been out of town for six weeks and just learned that the Council was considering the Edwards Theater parcel. There was no notice in the paper, only a letter to the editor. She felt there should have been two big meetings to discuss this before it ever came to Council and she hoped the Council would not make a decision on this tonight. City Council Minutes July 5, 2005 Page 2 O 6. CONSENT CALENDAR Mayor Pro Tem Capra moved to approve the Consent Calendar, seconded by Councilmember Gillanders and unanimously carried by the following roll call vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None A. APPROVAL OF MINUTES Approved as presented: 1) Minutes of the Regular City Council Meeting of June 21, 2005; 2) Minutes of the Special City Council Meeting of June 29, 2005. B. PETTY CASH REPORT Received and filed the Petty Cash Report with the current charges. C. REQUEST FROM DISTRICT 18 LITTLE LEAGUE BASEBALL AND SOFTBALL FOR USE OF THE ATHLETIC FIELDS AND LIGHTS AT LIVE OAK PARK THROUGH SUNDAY, JULY 17 Approved the request from District 18 Little League Baseball and Softball for reserved use of the athletic fields for tournament play through July 17, 2005 and use of the athletic field lights at Live Oak Park on Sunday, July 10 and 17, 2005. D. ADOPTION OF RESOLUTION NO. 05 -4361 — STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES (OES) AND FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PUBLIC ASSISTANCE REQUEST FOR WINTER STORMS Adopted Resolution No. 05 -4361, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE. E. ADOPTION OF RESOLUTION NO. 05 -4360 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 05 -4360, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $559,262.00 DEMAND NOS. 16455 THROUGH 16555. 7. UNFINISHED BUSINESS — None 8. NEW BUSINESS A. PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 05 -4359 — PROPOSED LEVY OF CITYWIDE LIGHTING AND MAINTENANCE DISTRICT ASSESSMENTS FOR FISCAL YEAR 2005/2006 The City Council was asked to consider adopting a resolution to levy and collect assessments necessary to fund existing Lighting and Maintenance District Programs for fiscal year 2005/2006. Interim City Manager Martin stated every year the City goes through this process to levy assessments for the district. Two weeks ago Council adopted a resolution ,setting a public hearing date to receive input. .Jeff Cooper from Harris and Associates was present to answer questions concerningthe Engineer's Report. Mayor Arrighi opened the public hearing. Hearing no requests to speak, either for or against this item, the public hearing was closed. 1 1 1 City Council Minutes July 5, 2005 Page 3 Councilmember Wong moved to adopt Resolution No. 05 -4359, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2005/2006 WITHIN THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, PURSUANT TO THE STATE LANDSCAPING AND LIGHTING ACT OF 1972 AND AUTHORIZING THE ADDITION OF SPECIAL ASSESSMENT FEES TO THE TAX BILLS, seconded by Councilmember Gillanders and unanimously carried by the following roll call vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None B. INTRODUCTION OF ORDINANCE NO. 05 -899 AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE RELATING TO THE PARKS AND PARK USE The City Council was requested to consider Ordinance No. 05 -899 amending various sections of ARTICLE III — PUBLIC HEALTH AND SAFETY, CHAPTER 5 — PARKS & CIVIC CENTER of the Temple City Municipal Code. Interim City Manager Martin stated the Parks and Recreation Commission recommended changes to the Code dealing with parks. The proposed ordinance is in two forms — red -line and final. At the request of Interim City Manager Martin, Parks and Recreation Director Burroughs reviewed the process used by the Commission to review various sections of the code relating to Parks. The review took place over 5 -6 months. The proposed code amendments are relatively minor and focus on standardizing format and clarifying code sections to aid in enforcement. Councilmember Wilson, referring to the section dealing with hunting and weapons, stated there is a group that exercises in the park and does a dance with swords out where the kids are. She didn't know the significance of the dance with swords but felt they do not belong in the park. Director Burroughs stated there was a lengthy discussion of the Commission dealing with weapons. The swords used by the groups who practice slow movements are decorative, not real, but they could possibly cause injury. That is why the Commission felt this section should be added, as in the past there was nothing in the Code to enforce this. At the request of the City Council, City Clerk Flandrick read the title of proposed Ordinance No. 05 -899. Councilmember Wilson moved to waive further reading of Ordinance No. 05 -899, seconded by Councilmember Gillanders and unanimously carried. Councilmember Gillanders moved to introduce, on first reading, proposed Ordinance No. 05 -899, seconded by Councilmember Wilson and unanimously carried by the following roll call vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None C. CONSIDERATION OF MODIFYING THE 15 -YEAR "EVERGREEN" TERM OF THE CONTRACT TO A 30 -YEAR "EVERGREEN" TERM WITH ATHENS SERVICE City Council Minutes July 5, 2005 Page 4 The City Council is requested to consider modifying the 15 -year evergreen term of the contract to a 30 -year term with Athens Service. Interim City Manager Martin stated collection of trash is an ongoing problem of this city and most cities. Fortunately, we have a very favorable relationship with Athens. Athens is running out of places to place materials after collected as the landfills are getting full and the local facility will be closing soon. This will force cities to go to outlaying areas by rail with a starting rate of $60.00 per ton. Athens is trying to get cities together to acquire a landfill facility and to modify the existing 15 year evergreen term of the contract to a 30 year term. In exchange for the longer guarantee, Athens will agree to pick up green waste twice a week and guarantee that the City will have a local dumpsite provided for the life of the 30 -year agreement and adequate space for the City's waste. Athens has also guaranteed that the City will always have the lowest rate extant for these services. Athens has agreed to set a limit on the base rate for gate fees not to exceed $45 per ton. It is anticipated the initial rates would be in the high $30 per ton. Dennis Chiappetta, Executive Vice President of Athens, said the company has offered several things as inducements, including picking up green waste twice instead of one time per week. The Puente Hills landfill will be closing in 2013, and of all of the regional landfills, only two have available daily capacity. Athens believes it can truck transport Temple City's residual waste after MRF processing to a regional landfill on a much more cost effective basis than using rail haul. He asked for Council's support in concept to negotiate this agreement with other cities. Mr. Chiappetta responded to Council's questions, stating it is unlikely to find another landfill in the L.A. environment after Puente Hills closes. The state is proposing to go to 70% diversion instead of 50% and it is best to be as well prepared as we were with the MRF. Athens will continue to pick up all bulky materials except e- waste. Mary Burke, 5114 N. Sultana Avenue, said she strongly felt a strong no on a 30 year contract, as she thought a 15 year agreement was long enough. She has been before Council several times regarding Athens every time there is an increase. Monterey Park is fighting this contract. People put out paint cans and tires and there are still there week after week, so who will notify residents that they cannot do that. Dennis Chiappetta stated that 15 year contracts are a thing of the past. It took $25M to build the MRF and 8 years and 15 hearings to get re- permitted to try to double the size. He believed a 30 year agreement was sound and reasonable for excellent services and there has been only a one time year rate increase since 1987. Regarding tires and paint, Athens does notify the City and red tags those items. Acting Public Services Director Erickson added that Athens does a very good job of notifying the City every time illegal dumping takes place and leaves a door hanger with the resident. The City also sends a letter that is kept .on file and brochures are available in the Civic Center informing residents how to dispose of such waste. Das Sheenh, 5606 Golden West Avenue, questioned Councilmembers Wilson and Gillanders regarding receiving campaign contributions from Athens. Councilmembers Wilson and Gillanders stated they had received campaign contributions from Athens and did not have a conflict of interest in voting on this item. They further stated they had not taken anything else from this company other than contributions. 1 1 1 1 1 City Council Minutes July 5, 2005 Page 5 Mr. Sheenh stated he opposed this 30 year evergreen contract because there was no competition to pick up trash like in San Marino and other cities and we are stuck with whatever we've got. He stated comparing rates with Arcadia and other cities show we are way overpaying compared to our neighbors. He stated all he is asking for is to pay a fair and competitive rate and be given alternatives. In response to Councilmember Gillanders' request for the comparison data, Mr. Sheenh stated he did not have such information with him. Councilmember Gillanders moved to approve in concept the modification to the agreement with Athens Services and return this item to the City Council for contract approval contingent on approval by other cities, seconded by Councilmember Wilson and unanimously carried. 9. COMMUNICATIONS — None 10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:09 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. RECESS TO FINANCING AUTHORITY MEETING At 9:57 p.m., the City Council recessed to the Financing Authority meeting. Minutes of the Authority Meeting are set forth in full in the Authority's records. RECONVENE AS CITY COUNCIL The City Council meeting reconvened at 9:58 p.m. with all Councilmembers present. 11. ACTION ON REQUEST BY CRA — None 12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke said lawsuits were mentioned earlier in the meeting and she wished to know how many lawsuits are involved and who are they against. She also wished to know how the former City Manager's contract ended financially. Dina Paraino, 5104 Farago Avenue, said she previously spoke before Council and asked for protection from fireworks. She has experienced illegal fireworks in her neighborhood for four years and had requested extra protection for the safety of herself, her neighborhood and her property this year. She called the police and they did not come. She was disappointed that this is happening in Temple City and again asked that something be done before next July 4th Councilmember Gillanders stated that an election was held a number of years ago and fireworks were voted in by the people. He suggested that Mrs. Paraino pursue a special election if she wished to change the law regarding fireworks in the City. At the moment, fireworks are legal as adopted by the electorate. Cecelia Rudar invited Council to a Planner's Housing Summit on July 29th, the full details of which will be sent in the mail. Unknown Speaker stated, if Council could influence the schools to provide Chinese as a second language, it would be a benefit to the students. Councilmember Wong suggested this matter be taken up with the School District Board. City Council Minutes July 5, 2005 Page 6 Wayne Edington, 5816 Myda Avenue, said Athens does a good job picking up trash and suggested they provide residents with extra yard waste stickers on a quarterly basis, possibly with the bills. He felt the yard waste program was good. Mayor Arrighi responded that information regarding the yard waste program could be included in the next City newsletter and website and stickers could be made available at City Hall. 13. UPDATE FROM CITY MANAGER A. ORGANIZATIONAL MATTERS REQUESTED BY INTERIM CITY MANAGER Interim City Manager Martin presented additional staffing changes with the result of saving the City substantial monies. He first provided information on his second recommendation as follows: 2) Reorganization of the Public Services Department: top to bottom by additions, deletions, transfers of duties, both temporary and permanent As proposed in his Manager's Report, Interim City Manager Martin requested approval of the following changes in the Public Services Department: • Promote the Public Safety Manager to the position of Public Safety Officer • Eliminate one Code Enforcement Officer position, leaving just one Code Enforcement Officer position • Eliminate the position of Director of Public Services • Transfer the duties of the Director of Public Services to the Maintenance Superintendent, with that position to be re- classified as Public Services Manager The total savings resulting from the above changes is $184,400. Councilmember Gillanders moved to approve the Public Services Department changes through adoption of a resolution, seconded by Councilmember Wilson, and unanimously carried by the following roll call vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None Reorganization of positions within the Community Development Department and upgrade (bv authorized step salary increase) the position of Receptionist/Business License Clerk Interim City Manager Martin requested a transfer of business licensing duties to the Receptionist position with a Y -rate increase of $100 increments, at the discretion of the Manager, with a cap of $300. Mayor Pro Tem Capra moved to approve the Community Development Department change, seconded by Councilmember Wilson and unanimously carried by the following roll call vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 3) Reorganization of the Volunteer Program, if ready There was no discussion or Council action on this item. 1 1 1 1 1 1 City Council Minutes July 5, 2005 Page 7 4) Other Departmental study matters, if ready There was no discussion or Council action on this item. B. APPOINTMENT OF DIRECTOR OF FINANCE AND CITY TREASURER Interim City Manager Martin reported that the City received twenty applications for the position of Finance Director. Five finalists have been selected for the interview process, and he requested Council's authorization to interview the five finalists, make the final decision for appointment and designate that person as Treasurer. Mayor Pro Tem Capra moved to authorize the Interim City Manager to interview and appoint a Director of Finance and designate the selected Director of Finance as City Treasurer, seconded by Councilmember Wilson and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: C. STUDY ITEMS Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi Councilmember -None Councilmember -None Councilmember -None 1) Sewer /Storm Drains ,,,,,,,,," ■ Interim City Manager Martin stated, as he tiaspreviousiyjndicated, a serious problem is developing with the sewer arid: rstormw drains as-a- result of increased development's overload of tne-"sfa>rilitidii� in addition NPDES requirements to keep pollutants out of the_storm.dra;ns will be very costly for the City to implement. At present, possible =se itions:lnc udeinsta °fling larger sewers, working together with the County and, Cities to jointly,. address the problem and in the interim raising sewer t on, fees which are recommended to be $15,000 per residence, or put a moratorium on new development. The City Council will be meeting with Supervisor Antonovich next week and this item will be discussed then. The City Council concurred. 14. MATTERS FROM CITY OFFICIALS - None 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Councilmember Wong stated she and Mayor Pro Tem Capra would be attending the Ad Hoc School District Meeting on Monday, July 18tH 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER GILLANDERS - None B. COUNCILMEMBER WILSON 1. Renewal of Council of Governments (COG) Membership In response to Councilmember Wilson's request, Mayor Arrighi and Mayor Pro Tem Capra provided information on the value of COG membership and its benefits to Temple City. No action was taken. C. COUNCILMEMBER WONG Councilmember Wong said everyone enjoyed the July 3`d celebration at Temple City Park and felt staff did a wonderful job. D. MAYOR PRO TEM CAPRA Mayor Pro Tem Capra echoed Councilmember Wong's comments, saying July 3'd was a good event and thanked staff for their help. City Council Minutes July 5, 2005 Page 8 E. MAYOR ARRIGHI Mayor Arrighi agreed, stating July 3rd was a fun event and the park was full of people having a great time. He thanked Director Burroughs and her staff for a job well done and former Councilmember Chuck Souder for his help with barbequing. 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 10:27 p.m. , V ATTES_ T: --- - e • • �`^ s City -_erk! �\t '__,_1 MAYOR 1 1