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HomeMy Public PortalAboutCity Council_Minutes_2007-09-04_Regular 20071 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES SEPTEMBER 4, 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, Vizcarra, Wilson, Gillanders, Wong Councilmember -None 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 3. PLEDGE OF ALLEGIANCE Sister City students attending the meeting led those present in the Pledge of Allegiance to the Flag. 4. CEREMONIAL MATTERS — PRESENTATIONS A. INTRODUCTION OF SISTER CITY STUDENTS RETURNING FROM AUSTRALIA Nancy Terry, Sister Cities Association, presented those students returning from Australia: Samantha Franco, Kelsey Hardwick and Anthony Sierra. Jason Fujioka, Antjuan Roy and Bryan Tom were not able to be present. The students thanked the City Council for their continued support and presented each Councilmember with a gift from Australia. 5. CONSENT CALENDAR Councilmember Vizcarra requested Item B be pulled from the Consent Calendar. Councilmember Capra moved to approve the remainder of the Consent Calendar, seconded by Mayor Pro Tem Gillanders and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wilson, Gillanders, Wong NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None A. APPROVAL OF MINUTES Approved as presented: 1) Minutes of the Special City Council Meeting of August 16, 2007; and 2) Minutes of the Regular City Council Meeting of August 21, 2007. C. ACCEPTANCE OF WORK AND APPROVAL OF FINAL PAYMENT (PAYMENT NO. 5) TO CHAP INC. FOR WORK PERFORMED ON THE TEMPLE CITY PARK RESTROOM PROJECT 1) Accepted the work performed by Chap Inc. on the Temple City Park Restroom Project (CIP P06 -03); 2) Approved final payment (payment No. 5) in the amount of $9,360; 3) Authorized the City Clerk to file the Notice of Completion; and 4) Authorized the City Manager to release the 10% retention ($44,300) after the 35 -day lien period. City Council Minutes September 4, 2007 Page 2 D. APPROVAL OF PROGRESS PAYMENT NO. 6 TO RKA CONSULTING GROUP FOR MANAGEMENT AND INSPECTION SERVICES FOR THE ENCINITA AVENUE IMPROVEMENT PROJECT (P06 -04) Approved progress payment No. 6, in the amount of $14,019.12, to RKA Consulting Group for management and inspection services for the Encinita Avenue Improvement Project from Woodruff to the Eaton Wash (CIP P06 -04). E. ACCEPT IMPROVEMENTS AND APPROVE RELEASE OF SECURITY FOR ROAD IMPROVEMENTS AT 6304 OAK AVENUE, PARCEL NO. 062318 Accepted improvements and authorized release of securities in the amount of $16,600.00 for road improvements completed at 6304 Oak Avenue, Parcel No. 062318. F. ACCEPT IMPROVEMENTS AND APPROVE RELEASE OF SECURITY FOR ROAD IMPROVEMENTS AT 5313 SANTA ANITA AVENUE, PARCEL NO. 061308 Accepted improvements and authorized release of securities in the amount of $13,500.00 for road improvements completed at 5313 Santa Anita Avenue, Parcel No. 061308. G. RELEASE OF SECURITY BOND FOR "THE GAME OF TEMPLE CITY" BAR AND GRILL LOCATED AT 6420 ROSEMEAD BOULEVARD Authorized release of security, in the amount of $10,000.00, to Temple City Bar and Grill, 6420 Rosemead Boulevard for receiving a temporary 90 -day business license prior to completing their Sheriff's background check. H. APPROVAL OF PURCHASE AND MONITORING AGREEMENT WITH POST ALARM SYSTEMS FOR A VIDEO SURVEILLANCE SYSTEM AT LIVE OAK PARK Approved the Purchase and Monitoring Agreement with Post Alarm Systems for the purchase and installation of a C.C.T.V. (closed circuit television surveillance system) at Live Oak Park in the amount of $20,000, and authorized the City Manager to sign the agreement. ADOPTION OF RESOLUTION NO. 07 -4514 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 07 -4514 CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $375,025.19 DEMAND NOS. 22356 THROUGH 22451. B. PLANNING COMMISSION ACTIONS — MEETING OF AUGUST 28, 2007 The City Council was requested to review the Planning Commission actions of their meeting of August 28, 2007. Councilmember Vizcarra, referring to Item 2 of the Commission's actions, Conditional Use Permit 07 -1699 for 5945 Temple City Boulevard, noted the alleyway in close proximity to this business is in need of cleaning. City Manager Martin stated he would direct staff to take a look at the alleyway and see that it is cleaned up. Councilmember Vizcarra moved to receive and file the Planning Commission actions of their meeting of August 28, 2007, seconded by Councilmember Capra and unanimously carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wilson, Gillanders, Wong NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 6. UNFINISHED BUSINESS — None 1 1 1 City Council Minutes September 4, 2007 Page 3 7. NEW BUSINESS — None 8. COMMUNICATIONS A. REQUEST FROM THE EPOCH TIMES FOR RESERVED USE OF THE PERFORMING ARTS PAVILION ON SEPTEMBER 8, 2007 FOR A RALLY The City Council was requested to consider a request from The Epoch Times for reserved use of the Performing Arts Pavilion in Temple City Park on Saturday, September 8, 2007 for a Support China's Human Rights and Freedom rally. City Manager Martin explained, under ordinary circumstances, this item would go to the Parks and Recreation Commission. However, because of a matter of timing, the item is coming before Council. The request is not within the normal confines of the policy use, so it must be presented for determination. Councilmember Wilson stated, although the purpose is very admirable, what bothered her was that the City has never allowed any use of this kind in the pavilion. She was concerned that this might be opening a can of worms, so to speak, because of the political connection and first time approval. She suggested the group may be able to use other parts of the park instead of the pavilion. City Manager Martin read the letter request from Tina Chien into the record. The letter identified Ms. Chien as a volunteer for a Chinese newspaper, Epoch Times, and the request was for use of the Performing Arts Pavilion in Temple City Park on September 8th for an event sponsored by the newspaper. The event is in support of human rights in China and to celebrate renouncing of the Chinese communist party. Tina Chien stated the Chinese communist party has violated human rights over the years. Its practitioners harvest organs from live victims which is a clear violation of human rights and to humankind as a whole, not just China. She asked the City Council to champion this cause to improve human rights in China by approving the application. This involves mankind issues, not political issues. Epoch Times will provide all of the necessary documentation. Similar rallies have been held in other cities. Jim Law, Temple City resident, said he cannot disagree with what the Chinese are doing in light of their government's restrictions. He shared some of his observations and suggested if they wish rights, to learn the language and merge into a new culture, not shove. He stated he had no opinion on this particular item, but felt if it were constructive and gainful, to allow them to do it. Temple City resident stated her opinion was that she didn't think we should go into this political thing in China. There are problems all over the world. She was sure there were Asian organizations that would allow them to do what they want to do, and this might open a can of worms. We can't fight China's battles. John L. Pasadena resident, stated innocent people in China cannot enjoy basic human rights. In the United States, it takes years to get a transplant match; in China it takes 24 hours to kill one person to get an organ. The people in Temple City are asked to support a peaceful movement. This is not political, but a matter of conscience. Temple City Resident stated the letter sounded very political and because Council is elected, you need to use caution. A lot of people are affected, but as a government you make new rules and new laws. Avoid another political agenda in this City. There is only so much a little government can do. Be careful not to make a political stand for either side. City Council Minutes September 4, 2007 Page 4 Mayor Pro Tem Gillanders said he has never lived under a communist government. People here are American legally and so have 1s` amendment rights and those should be protected without taking any position. He personally felt to deny this request would block their first amendment rights and he could not condone that. He could not see any reason to not allow this because of a political agenda. This country is formed on differences of opinion and there is no reason to take away their rights. Councilmember Wilson said she agreed with Mayor Pro Tem Gillanders' statements regarding rights, but the point is that this type of use has never been allowed in this City and because it is a political type of movement and rally. She really had mixed emotions and did sympathize but felt it may be opening up a can of worms in the future. Councilmember Capra said he could also sympathize but didn't think this type of speech is appropriate in the park. There are other places more appropriate. This could get bigger and go in different directions and has never been done here before. Councilmember Vizcarra said he resented the fact that Council did not have more time to review this. Normally he would find out more about the movement and about Epoch Times. It might be opening the door for any group that wants to come in and use the podium and proselytize or conduct campaigns. There is no way this is not political because we are a government body.. The point is we don't know what we are dealing with and he was not comfortable with it. His inclination was to put it off for 2 weeks to learn more. City Manager Martin clarified the request is to use the pavilion. Any group has every right to use the park in general. The policy is to protect the pavilion. Mayor Wong said she did sympathize. Her background is Chinese, and although she was not born in mainland China, she has heard a lot of similar stories. She realized most come to the United States for freedom, but need to remember to learn to respect and follow the law and policy. In her opinion, this is a performing arts pavilion and has nothing to do with politics. The name says everything. Anyone who wishes to use the park can do so, but the pavilion is for performing arts only. She personally would deny the request. Councilmember Vizcarra moved to refer this issue to the Parks and Recreation Commission, and in the interim the group may use the park if they wish to do so, seconded by Councilmember Capra and carried by the following roll call vote: AYES: Councilmember- Capra, Vizcarra, Wilson, Wong NOES: Councilmember - Gillanders ABSENT: Councilmember -None ABSTAIN: Councilmember -None 9. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:12 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 10:01 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 10:02 p.m. with all Councilmembers present. 10. ACTION ON REQUEST BY CRA - None 1 1 1 City Council Minutes September 4, 2007 Page 5 11. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Cathe Wilson, Temple City resident, referred to Professor Vos Post's comments at the last meeting, and provided information on the occurrence mentioned and refuted the allegations made against the City Manager. She said she found the Professor's accusations viscous and offensive. Vern Nelson, Temple City resident, also spoke on behalf of the City Manager, stating he had been a newspaper columnist for over 20 years and believed the Pasadena Star saw a mud slide in the making by printing the strident words of the Professor. He indicated he had a similar medical occurrence which is treatable and did not prohibit a person from driving. Mary Burke, Temple City resident, said she learned the Brown Act did not require Council to answer questions or comment on public comments. However, she thought it would be nice to have an agenda item for questions and answers. She liked reading the Manager's Report to know what is going on. The City has good code enforcement but their hands are tied and she wondered if this will change after hiring another code enforcement officer or if enforcement will still be by complaint only. One home in her area has at least 2 autos parked on the grass and has received at least 50 citations. Another house has a van and trailer with junk that is allowed to park there 365 days a year. She asked Council to follow through on its ordinances. Temple City resident said what bothers her is why the City Manager's attorneys have postponed his case for over a year and a half if he is really innocent. She was not accusing him, but felt he did wrong by not facing up to what happened. Jerry Jambazian, Temple City business owner, noted some positive publicity in the Star about a local hero, Hubert Manning. At the last Planning Commission meeting, he was bothered that a person who wanted to open a nursery on Las Tunas and had interacted with the Planning Department for two months, was not aware of the City's Facade Improvement Program. He felt. the Planning Department should do better business and make people aware of this program. Matthew Wong, Temple City resident, asked of the status of improvements at the Temple City. Center Plaza. City Manager Martin said, at a recent meeting, the owner agreed to improvements, reported of a new tenant in the center and of a current tenant increasing its store size. The owner also agreed to invest in new parking arrangements. 12. UPDATE FROM CITY MANAGER A. ADMINISTRATIVE POLICY NO. 1.21: POLICY ON REACHING THE COMMUNITY THROUGH AUTOMATED ELECTRONIC MESSAGING TECHNOLOGIES City Manager Martin stated the City Council previously approved an electronic messaging system and is now requested to review and approve Administrative Policy No. 1.21: Policy on Reaching the Community Through Automated Electronic Messaging Technologies. Councilmember Wilson moved to approve Administrative Policy No. 1.21, seconded by Mayor Pro Tem Gillanders and unanimously carried. 13. MATTERS FROM CITY OFFICIALS — None 14. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS — None City Council Minutes September 4, 2007 Page 6 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CAPRA Councilmember Capra commended owner Randy Wang and his project team for its efforts to get the Piazza project going. He was pleased to see how fast they are working and hoped we can all come to an agreement. Regarding public comments concerning code enforcement, he vouched that they were in full force in his neighborhood. B. COUNCILMEMBER VIZCARRA Councilmember Vizcarra agreed with Councilmember Capra's comments regarding code enforcement as he has seen Code Enforcement Officers even on weekends taking down signs, etc. Councilmember Vizcarra said he heard on the news this morning that Temple City had a power blackout affecting a lot of the City for about 15 -20 hours. He felt there was some way Council should have been notified or advised of the extent of the blackout. City Manager Martin stated the blackout occurred over the long holiday weekend and Public Services Manager Erickson monitored the situation and reported on the result this morning. Public Services Manager Erickson stated the blackout was due to the heat and affected 5 areas in the City. His staff spent a lot of time putting out barricades. C. COUNCILMEMBER WILSON — None D. MAYOR PRO TEM GILLANDERS — None E. MAYOR WONG Mayor Wong complimented the Park and Recreation staff for a wonderful job with the concerts all summer, with just two more remaining. She received a noteworthy compliment from a San Marino Councilmember who attended the last concert. Regarding the many comments on the Piazza, Mayor Wong said she was in Claremont recently and invited everyone to take a look at their redevelopment project, which is just ending after 10 years. She found it quite amazing. This project totally changed their city and this is what she is hoping to see at the Piazza. 16. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER CAPRA — None B. COUNCILMEMBER VIZCARRA — None D. COUNCILMEMBER WILSON - $655.69 (League of California Cities Conference) D. MAYOR PRO TEM GILLANDERS — None E. MAYOR WONG - $524.86 — League of California Cities Conference) 17. LITIGATION UPDATE The City Council was provided with a review of recent federal, state and municipal court cases of interest. 1 1 1 1 1 1 City Council Minutes September 4, 2007 Page 7 18. CLOSED SESSION — None 19. ADJOURNMENT The City Council Regular Meeting was adjourned at 10:32 p.m. ATTEST: