HomeMy Public PortalAboutCity Council_Minutes_2007-09-04_Regular 20071
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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.
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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
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September 4, 2007
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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.
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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
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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.
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18. CLOSED SESSION — None
19. ADJOURNMENT
The City Council Regular Meeting was adjourned at 10:32 p.m.
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