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HomeMy Public PortalAboutCity Council_Minutes_2007-04-03_Regular 2007CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES APRIL 3, 2007 1. CALL TO ORDER Mayor Wong 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, Wilson, Gillanders, Wong Councilmember - Vizcarra ALSO PRESENT: City Manager /City Attorney Martin, Parks and Recreation Director Burroughs, Public Services Manager Erickson, City Clerk Flandrick, Assistant to the City Manager Flod, Community Development Manager Lambert, Financial Services Manager Molina Councilmember Wilson asked if Councilmember Vizcarra had notified either the City Manager or City Clerk of his absence, and learning that he had not, indicated she could not excuse his absence, as it was contrary to policy. Mayor Wong indicated she was notified. Councilmember Capra moved to excuse Councilmember Vizcarra for cause, seconded by Mayor Wong. The motion failed by the following roll call vote: AYES: Councilmember- Capra, Wong NOES: Councilmember - Wilson, Gillanders ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None 3. PLEDGE OF ALLEGIANCE The Flag Ceremony was conducted by Temple City Girl Scout Troop No. 351. 4. CEREMONIAL MATTERS — PRESENTATIONS A. PUBLIC SCHOOL MONTH PROCLAMATION John Zubrick, Chairman of Temple City High Twelve Club No. 220, accepted a proclamation from Mayor Wong proclaiming April as "Public Schools Month ". B. END OF YEAR PRESENTATION BY LOS ANGELES COUNTY FIRE DEPARTMENT Fire Chief Johnny Jee introduced the newest member of his team, Battalion Chief Scott Hale and Community Services Representative, Magdalena Valdivia. With the aid of a power 'point presentation, Chief Jee provided the City Council with calendar year 2006 statistics related to Temple City. He informed the Council that, in 2003, the Fire Department initiated a community emergency response team that provides free training and classes in disaster preparedness. He recommended that residents take part in this training program. He thanked Council, staff and residents for their continued support of the County Fire Department. As a point of order, Councilmember Capra noted inaccuracies in an article by Emmanuel Parker in the Pasadena Star News which he wished to clear up. The article stated that "Wong was the top vote - getter in the March 6 municipal elections. She was scheduled to serve as mayor last year. Instead, a majority decided to elect David Capra to the post." Councilmember Capra stated, the way it has traditionally been in the past was it was always the vote - getters and how they became Mayor. Dan Arrighi was Mayor, then he, as second vote - getter was Mayor Pro Tem, then Judy behind him. Las year, when he became Mayor, it was by a unanimous 5/0 vote, City Council Minutes April 3, 2007 Page 2 not a majority vote. The article makes it sound that a majority decided to elect him to the post, but I was Mayor Pro Tem then. The point is Mr. Parker indicated this is what Judy told him. Mayor Wong stated that she did not say that, only that she was passed over for Mayor Pro Tem, not Mayor. So, that needs to be clarified, as it was not the case. Also, the article states that she immigrated to the United States in 1997, but is was actually 1977. Councilmember Capra said he would appreciate Mr. Parker making that correction. Councilmember Wilson mentioned, as far as Ms. Wong becoming Mayor, it was only her decision to have her nominated as Mayor and to bypass herself as Mayor. It was no one else's decision but hers. Mayor Wong thanked Councilmember Wilson as well as all five members of the Council, as it was a unanimous 5/0 vote for her to be Mayor. 5. CONSENT CALENDAR Councilmember Wilson removed Items C and E from the Consent Calendar for discussion. Mayor Pro Tem Gillanders 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, Wilson, Gillanders, Wong NOES: Councilmember -None ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None A. APPROVAL OF MINUTES Approved as presented: 1) Minutes of the Regular City Council Meeting of March 20, 2007; and 2) Minutes of the Special City Council Meeting of March 28, 2007. B. PLANNING COMMISSION ACTIONS — MEETING OF MARCH 27, 2007 Received and filed the Planning Commission actions of their meeting of March 27 2007. D. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF MARCH 21, 2007 Received and filed the Parks and Recreation Commission actions of their meeting of March 21, 2007. F. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) SETTLEMENT AGREEMENT • • Approved the California Joint Powers Insurance Authority (CJPIA) settlement agreement. G. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A BANNER BY TEMPLE CITY UNIFIED SCHOOL DISTRICT Approved the request by Temple City Unified School District to place and remove a banner publicizing the California Achievement Test, subject to submission of proper insurance documentation. H. APPROVAL OF PROGRESS PAYMENT NO. 5 TO MICHAEL MERINO ARCHITECTS FOR WORK PERFORMED ON THE TEMPLE CITY PARK RESTROOM PROJECT Approved progress payment No. 5 in the amount of $2,675.00, plus $1,332.59 for reimbursable expenses, to Michael Merino Architects for professional architectural services performed for the Temple City Park Restroom Project (P06 -03). 1 1 1 1 1 City Council Minutes April 3, 2007 Page 3 APPROVAL OF PROGRESS PAYMENT NO. 2 TO RKA CONSULTING GROUP FOR MANAGEMENT AND INSPECTION SERVICES FOR THE ENCINITA AVENUE IMPROVEMENT PROJECT (P06 -04) Approved progress payment No. 2 submitted by RKA Consulting Group in an amount of $10,515.00 for management and inspection services for the Encinita Avenue Improvement Project from Woodruff to the Eaton Wash (CIP P06 -04). J. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A BANNER FOR THE TEMPLE CITY SCHOOL FOUNDATION Approved the request by the Temple City School Foundation to place and remove a banner advertising positive publicity for the Foundation, subject to submission of proper insurance documentation. K. PETTY CASH REPORT Received and filed the Petty Cash Report with the current charges. L. ADOPTION OF RESOLUTION NO. 07 -4486 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 07 -4486, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $525,953.42 DEMAND NOS. 21176 THROUGH 21288. M. ADOPTION OF RESOLUTION NO. 07 -4488 DESIGNATING "COMMUNITY DEVELOPMENT BLOCK GRANT WEEK" Adopted Resolution No. 07 -4488, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING SUPPORT FOR THE NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION BY DESIGNATING APRIL 9 -15, 2007 AS "COMMUNITY DEVELOPMENT BLOCK GRANT WEEK ". C. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF FEBRUARY 21, 2007 The City Council was requested to review the Planning Commission actions of their meeting of March 27, 2007. Councilmember Wilson, referring to Item 3, questioned why Rio Hondo Preparatory School was asking to use Live Oak Park facilities when they have such large facilities of their own. Parks and Recreation Director Burroughs responded that their middle school team does not have the use of a practice field. Councilmember Wilson moved to receive and file the Parks and Recreation Commission actions of their meeting of February 21, 2007, seconded by Councilmember Capra and unanimously carried. Councilmember Vizcarra was absent. E. CONSIDERATION OF ADOPTING PROPOSED RESOLUTION NO. 07 -4485 ADOPTING RULES OF ORDER The City Council was requested to adopt proposed Resolution No. 07 -4485 adopting rules of order. Councilmember Wilson requested this item be held until related item under the City Manager's Update was heard. City Council Minutes April 3, 2007 Page 4 Mayor Pro Tem Gillanders moved to table this item to be considered with City Manager's Update items later in the agenda, seconded by Councilmember Capra and unanimously carried. Councilmember Vizcarra was absent. 6. UNFINISHED BUSINESS — None 7 NEW BUSINESS A. CONSIDERATION OF PROPOSED RESOLUTION NO. 07 -4487 MAKING APPOINTMENTS TO VARIOUS COUNCIL COMMITTEES City Manager Martin presented a resolution adopting rules of order, which is. adopted after each election and reorganization. The committee assignments are initially proposed by the Mayor and presented to the Council for adoption. Councilmember Capra stated, if possible, he would like to continue as the voting delegate for Contract Cities Association. Mayor Wong agreed, and with no objection from Council, the committee assignment was amended to name Councilmember Capra as delegate and Councilmember Wilson as alternate for the Contract Cities Association. Councilmember Wilson requested to serve on the School /City Joint Development Ad Hoc - Committee. Mayor Wong asked City Manager Martin if there was a legal restriction for the Mayor to be on this committee. City Manager Martin stated there was no restriction. Mayor Wong consented to this change, but stated that she wished to be appointed back on this committee in six months. With no objection from Council, the committee assignment was amended to name Councilmember Wilson and Councilmember Capra as members of the School /City Joint Development Ad Hoc Committee. Mayor Pro Tem Gillanders moved to adopt Resolution No. 07 -4487, as amended, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING APPOINTMENTS TO VARIOUS CITY COUNCIL COMMITTEES, seconded by Councilmember Wilson and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Wilson, Gillanders, Wong NOES: Councilmember -None ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None 8 COMMUNICATIONS — None 9. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 7:52 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 COMMUNITY DEVELOPMENT AND HOUSING AUTHORITY MEETING At 7:56 p.m., the City Council recessed to the Community Development and Housing 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 was reconvened at 7:56 p.m. with all Councilmembers present. 10. ACTION ON REQUEST BY CRA - None 1 1 1 1 1 1 City Council Minutes April 3, 2007 Page 5 11. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Janet Marcellus, 10641 Roseglen Street, questioned why there are so many bridal shops on Las Tunas Drive and if there were a possibility of getting rid of some and giving an opportunity to other types of businesses. She recently checked into obtaining a business license but felt there was no opportunity here. She also heard some talk of a prostitution ring in connection with the bridal shops. City Manager Martin responded that the law of California does not stifle competition and so the City can do nothing. The City of Carmel recently restricted the number of antique or art shops which led to litigation making its way through the courts now. At the moment, there is no indication that the number of any particular type of business is damaging to the community. Sot. Osterman, Temple Station, said he was not aware of any prostitution activity in connection with bridal shops. Mayor Pro Tem Gillanders noted that Temple City is widely known as a center for bridal shops, just as some areas of the country are known for a certain product or business. Ms. Marcellus said she would like to see more diversity and did not feel the City needed so many bridal shops. Mayor Wong suggested Ms. Marcellus, if interested in opening a business, might wish to join the Chamber of Commerce and-pass along her suggestions to them. Mary Kokavko, 6149 N. Camellia Avenue, said she was disappointed with Councilmember Wilson and Mayor Pro Tem Gillanders for not excusing Councilmember Vizcarra, who had planned a trip to Hawaii and everyone knew about it and that he felt bad to miss his first meeting. Cynthia Sternquist has not been around because of family illnesses, not because she is bitter. She is happy that she got so close to being elected and she is happy that Councilmember Vizcarra got elected. Regarding the bridal shops, no business wants to come into Temple City because there is no foot traffic if your shop is between bridal shops. Some shops are dirty and since approving massage, one shop is doing facial peeling and medical procedures, which may not be safe or licensed for. It is well known that prostitution has been going on for a long time and gambling as well. She hoped everything promised during the election will come through. Community Development Director Lambert stated most of Las Tunas Drive is within the Downtown Specific Plan•area, and bridal shops are conditionally permitted in only one section of the Specific Plan area. If an existing business use leaves, it can be replaced by the same use and cannot be forced out. Since the City adopted regulations regarding incidental massage, it has not approved any such uses. Linda Payne speaking as a business person at 9660 Las Tunas Drive, stated a State Board Inspector came into her shop about 2 weeks ago and said there was a lot of massage going on in Temple City and none of which were licensed, and wondered where the code enforcement was. She was appalled at what she saw in the City. In response to Councilmember Capra and Mayor Wong, Ms. Payne said almost all of the nail salons are doing massage. Also, the shop next to Hanabi Restaurant is doing skin care and procedures that a doctor should be doing. She felt that the City has some real code enforcement issues. Public Services Manager Erickson said, to his knowledge, Code Enforcement has not received any calls regarding this kind of illegal activity. If anyone believes or has knowledge of something going on, they need to call the City to have it looked into. City Council Minutes April 3, 2007 Page 6 Dina Piraino, 5104 Farago Avenue, felt there were quite a few issues to solve in this town. She suggested opening an investigation. Things will get worse if we do not do anything about it. She would like a response regarding the bridal shop issue. 12. UPDATE FROM CITY MANAGER City Manager Martin requested Council's guidance on the following items, as to whether they wished to discuss each tonight or set for official action at a future meeting. Councilmember Capra asked City Manager Martin to speak about the infrastructure needs and other financial issues facing the City. City Manager Martin stated some have questioned why the City has so much money in reserves — almost $30M — which has been built up carefully. Approximately $8M of those reserves will go for sewer reconstruction. The City's sewers were built by the County many years ago and are •now inadequate and need replacement to larger sewers. Secondly some reserves are set aside for storm drains. Cities may soon be required to cleanse the water flowing into the storm drains to filter the debris from the water flow carried out to the ocean. Very expensive grates with filters would have to be placed on all drains and regularly cleaned and maintained. Our housing element has to produce some 200 -400 low: mod housing units mandated by the State, which may cost as much as $4 -5M of reserves. The interest produced on these reserves has been very beneficial to the City. Our sales tax revenue has been decreasing to $1.5M at a rate of $42 per capita per year. The average is $152 per capita. This is not even keeping up with the cost of living. The future of this community is dependent on increasing our sales tax revenue, which the Piazza should contribute to as well as possibly the Bender property and the Alpha Beta site. Councilmember Capra said the City has had a sewer impact study done in the past and we know that we are being impacted. He said he has worked in Cities where the sewers backed up and the fines are enormous. The City will have to deal with these things we are faced with, many of which are state and federal mandated projects. City Manager Martin read the following items on the agenda which Council may wish to discuss: A. Tie Votes in Elections B. Decorum and Procedures at Council Meetings C. Correspondence and Communications signed by Councilmembers D. Oral Communications on Agenda E. Sanitary Sewer Reconstruction Program F. Live Oak Park Plans G. Conference Policy It was requested to place an item on the agenda to put a procedure in place for item A — Tie Votes in Elections. Mary Burke, 5114 N. Sultana Avenue, said she never thought we would have a tie vote and would not like to live through another flip of the coin. She suggested making an ordinance to deal with this and get it over with. She questioned terms used in the resolution adopting rules of order — decorum and procedures at Council meetings, and oral communications — moving public comments. City Manager Martin responded, after every election, the Council adopts a resolution setting forth rules and regulations governing meetings which each Councilmember signs. Regarding oral communications — the agenda will stay as the City Manager wants it to stay, unless the Council wishes to overrule him. We have an agenda of business items the Council needs to conduct and we do those first and then hear from the public during public comments. Some feel those who have business items on the agenda should wait and have public comments first. 1 1 1 1 1 1 City Council Minutes April 3, 2007 Page 7 Ms. Burke requested Council return to having the comments at the beginning of the agenda because there are people who would like to speak and they are also limited to time. We elect the Council and the Council represents the people. Councilmember Wilson requested that correspondence and communications by Council go back to the procedure where recognitions are usually for things that have happened in the City or done for those who are residents of the City. She felt Council should stick to that and not have certificates given for just anything. They are very precious and mean a lot and she would like to see Council continue with the procedure that has been done in the past. Section 13 of the Rules of Order (Consent Calendar Item E), as written, outlines the procedures as she has stated. Mayor Pro Tem Gillanders moved to adopt Resolution No. 07 -4485, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING RULES OF ORDER, seconded by Councilmember Wilson and unanimously carried. Councilmember Vizcarra was absent. Councilmember Wilson requested Item G — Conference Policy — be discussed at a future meeting and suggested this be discussed during budget time. City Manager Martin stated the conference item involves two things — who do we budget for and is there a report back to the Council. 13. MATTERS FROM CITY OFFICIALS — None 14. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Mayor Pro Tem Gillanders reported a School /City Joint Development Ad Hoc Committee meeting was scheduled for Thursday. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CAPRA 1. Low /Mod or Senior Housing Allocations — Choice of Location Councilmember Capra stated there are a couple of properties on the east side of town that he feels are ideal for purchasing to comply with the low -mod housing requirements. He spoke to the City Manager about these properties and asked - that this come back to the City Council. City Manager Martin emphasized that the City does need to meet state requirements and we have to acquire land or convince a developer to do the same thing. This item will be agendized in the near future. Councilmember Capra stated one of the things the City needs to do is to get direction for where the City will be heading in the next few years and to be instrumental in putting it in motion. He spoke to one of the Planning Commissioners and discussed having the Commission look at rezoning some areas. He felt the Council needs to be cohesive in its direction. Councilmember Capra extended congratulations to the STARS kids and asked Parks and Recreation Director Burroughs to provide details. Parks and Recreation Director Burroughs reported the Stars Club Program superstars drill team competed in San Diego and did very well. Two teams both took first place and 3 individuals placed in the top five. B. COUNCILMEMBER VIZCARRA - absent City Council Minutes April 3, 2007 Page 8 C. COUNCILMEMBER WILSON Councilmember Wilson said she wished to hit on what Councilmember Capra mentioned in regard to acquiring properties, namely the Alpha Beta site. In talking with one of the developers, she learned that the gentleman who wanted to sell the property passed away and there is only the other one to work with. The City previously drew up plans for this site and she felt we should proceed with what we planned to do there. She talked with the City Manager about certain unique uses that would go well in the downtown area. She felt there were many things that we could do and she wished to go forward. D. MAYOR PRO TEM GILLANDERS Mayor Pro Tem Gillanders noted over the past 8 -10 years, our RSVP Program and emergency reserves have dissolved, except for the radio section in case of natural disasters or terrorism problems. As there is only a small number of sheriffs and fire personnel to go around, he felt the emergency volunteer program should be revived. Cathe Wilson started the volunteer program years ago and it has gone by the boards too. Volunteers are needed who could be trained to provide rescues and support the police protection and fire fighting personnel. He would like to see this program get going. Councilmember Wilson added that she brought this issue up before after she returned from a legislative tour in Sacramento where she met with aides of Governor Schwarzenegger regarding this issue. She had mentioned having a town hall meeting with the Sheriff and Fire Department and other agencies and have speakers to tell us what to do to set up a response team. City Manager Martin suggested civil defense involves a lot of things if there is a major disaster — food, water, safety, medication. If Council wishes to proceed, it will be a long and slow process and he suggested a committee be formed to go over some of the functions. He suggested Councilmember Wilson, Mayor Pro Tem Gillanders, himself, Public Works Manager Erickson and Public Safety Officer Ariizumi be on the committee and meet to outline various functions to bring back to Council. Fire Chief Jee, reiterated that the County Fire Department offers community response training that they will provide to every citizen. It is a free 20 -hour training that will start everyone in the right direction and is also a valuable resource. He offered to be part of the team. City Manager Martin agreed and Mayor Wong asked Chief Jee to sit in on the committee. E. MAYOR WONG Mayor Wong reported that she attended the County Supervisors' meeting today from 9:30 a.m. to 1:30 p.m.. She said it was a very interesting meeting and noted that public comments on their agenda were held at the end of the meeting, and Councilmember Wilson previously mentioned that the majority of cities have their public comments at the end of the meeting also. Mayor Wong apologized to Councilmember Vizcarra that she did not fulfill her duty in reminding him to notify the City Manager and /or the City Clerk that he would be gone. 16. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER CAPRA $525.00 (California Contract Cities Conference Registration Fee) B. COUNCILMEMBER VIZCARRA - $525.00 (California Contract Cities Conference Registration Fee) 1 1 1 1 1 City Council Minutes April 3, 2007 Page 9 C. COUNCILMEMBER WILSON - $525.00 (California Contract Cities Conference Registration Fee) D. MAYOR PRO TEM GILLANDERS - $525.00 (California Contract Cities Conference Registration Fee) E. MAYOR WONG - $525.00 (California Contract Cities Conference Registration Fee) 17. LITIGATION UPDATE The City Council was provided with a review of recent federal, state and municipal court cases that may be of interest. 18. CLOSED SESSION — None 19. ADJOURNMENT The City Council Regular Meeting was adjourned at 9:02 p.m. ATTEST: Mayor