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
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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.
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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.
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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.
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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
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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.
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