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HomeMy Public PortalAboutCity Council_Minutes_2008-02-19_Regular 2008CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES FEBRUARY 19, 2008 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 Camellia Festival General Chairman Rob Wilkenson led those present in the Pledge of Allegiance to the Flag: 4. CEREMONIAL MATTERS — PRESENTATION A. INTRODUCTION OF CAMELLIA FESTIVAL ROYAL COURT Rob Wilkenson, General Chairman of the Camellia Festival, introduced the following members of the Royal Court: Banner Carriers — Meredith Moreno, Sasha Godycki, Dustin Williams Jr., and Aaron Scott Court Members — Princess Ayala Plummer, Princess Elyse Cuevas, Prince Kevin Betts, Prince Daniel Grimaldi, Queen Samantha Holster, and King Shawn Keelin Mayor Wong presented each with a Certificate of Recognition, City shirt and gift card. B. ARBOR DAYS PROCLAMATION Rob Cruse, the City's Arborist, accepted a proclamation from Mayor Wong proclaiming March 11, 2008 as Arbor Day in the City of Temple City. C. ARBOR DAYS POSTER CONTEST WINNERS Yansy Monroy, Public Services Department Secretary, announced the following winners of the Arbor Days Poster Contest. Mayor Wong presented each with a Certificate of Recognition and gift card. Cloverly Elementary School: Lonoden Elementary School: 1st Place — Sara Kubo 1st Place — Kristy Hsi 2nd Place — Hank Liu 2nd Place — Ashley Tang 3`d Place — Ashley Api 3`d Place — Li Xiang Chen Emperor Elementary School: 1st Place — Sarah Wright 2nd Place — Germane Chic 3`d Place — Greta Xiong First Lutheran School: 1st Place — Bryan Pham 2nd Place — Alexandra Madrid 3rd Place — Tony Chen Cleminson Elementary School: 1St Place — Carrie Shih 2nd Place — Grace Ngo 3rd Place — Derek Cheng City Council Minutes February 19, 2008 Page 2 5. CONSENT CALENDAR Mayor Pro Tem Gillanders moved to approve the Consent Calendar, seconded by Councilmember Wilson 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 the Minutes of the Regular City Council Meeting of February 5, 2008, as presented. B. PLANNING COMMISSION ACTIONS — MEETING OF FEBRUARY 12, 2008 Received and filed the Planning Commission actions of their meeting of February 12, 2008. C. APPROVAL OF PROGRESS PAYMENT NO. 2 TO AMERICA WEST LANDSCAPE, INC. FOR WORK PERFORMED ON THE LIVE OAK PARK NORTH DIAMOND INFIELD PROJECT Approved progress payment No. 2, in the amount of $7,849.78 to America West Landscape, Inc. for work performed on the Live Oak Park North Diamond Infield Project (P08 -03). D. FINAL MAP APPROVAL FOR TRACT NO. 63510 AT 5345 SANTA ANITA AVENUE Approved Final Tract Map No. 63510 at 5345 Santa Anita Avenue by the following actions: 1) Made findings as enumerated in the letter from the Los Angeles County Public Works Department 2) Approved the Final Tract Map 3) Accepted dedications as indicated on Tract No. 63510 4) Approved and accepted the work agreements and improvement securities as enumerated in the letter from the County of Los Angeles 5) Instructed the City Clerk to endorse on the face of Tract No. 63510 the certificate that embodies the approval of said Map E. FINAL MAP APPROVAL FOR PARCEL MAP NO. 65011 AT 5720 PRIMROSE AVENUE Approved Final Parcel Map No. 65011 at 5720 Primrose Avenue by the following actions: 1) Made findings as enumerated in the letter from the Los Angeles County Department of Public Works dated February 7, 2008 2) Approved the Final Parcel Map 3) Accepted dedications as indicated on said Map 4) Approved and accepted the work agreements and improvement securities as enumerated in the letter from the County of Los Angeles Department of Public Works 5) Instructed the City Clerk to endorse on the face of Parcel Map No. 65011 the certificate that embodies the approval of said Map F. ACCEPTANCE OF PROPOSAL TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS Approved the proposal submitted by Avant Garde, Inc. for program management services for various Capital Improvement Projects, authorized the City Manager to sign the contract, and amended the budget accordingly. 1 1 1 City Council Minutes February 19, 2008 Page 3 G. ADOPTION OF RESOLUTION NO. 08 -4532 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 08 -4532, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF ' $483,349.11 DEMAND NOS. 23469 THROUGH 23585. 6. UNFINISHED BUSINESS — None 7. NEW BUSINESS A. ADOPTION OF URGENCY ORDINANCE NO. 08 -919U — PROPOSED MORATORIUM PROHIBITING NEW NON - RETAIL USES IN ALL COMMERCIAL DISTRICTS CITYWIDE At the Planning Commission meeting of February 12, 2008, the Planning Commission voted• to recommend that the City Council impose a moratorium prohibiting the establishment of new non - retail businesses in Temple City. The Planning Commission recommended approval of the moratorium with additional recommendations. The proposed revised moratorium includes the recommendations of the Planning Commission. City Manager Martin stated the City Council instructed that this ordinance be prepared and sent to the Planning Commission for review and recommendation. The Planning Commission, by unanimous approval, recommended Council adopt this ordinance as an urgency measure, which requires a 4 /5ths vote. This is a stop -gap measure until pending options before the Planning Commission and Task Forces can be considered. It can be extended if the need arises, through a public hearing process. Linda Payne, Chamber of Commerce CEO, stated her concerns of what this moratorium might accomplish and felt this action was premature. Data she obtained from the Planning Department indicates in 2007, out of 63 new businesses, only 13 were tax - producing and in the previous year, out of 53 businesses, only 22 were tax - producing. Sales tax producing businesses are not coming to Temple City because the buildings do not lend themselves well to retail businesses and are not pedestrian - friendly. Before a moratorium is considered, there are lots of things to look at and she didn't see how putting a moratorium in place now would bring in more business. She would rather Council come up with a plan and do a moratorium on one area at a time. There are 29 empty buildings now on Las Tunas, so a moratorium will slow down any type of rental. Councilmember Capra stated this is a start to put something in motion. The Boulevard has looked poor for a number of years and Council needs to start doing something. A 45 -day moratorium will not be too detrimental. He asked Ms. Payne what the Chamber is doing as far as bringing in new business. Linda Payne replied that she goes everywhere trying to bring in new business, one of the problems being that rents are very expensive here as compared to other cities. She responded to further questions from Council Capra, stating she felt quite a few of the owners are local and the majority of buildings are owned free and clear, so the owners are more selective on who they rent to. She stated she has walked the Boulevard and talked to people going in and out of businesses. She felt a 45 -day moratorium was premature and moratoriums usually get extended. She felt Council should think about it for a while, and if set on a moratorium, do one section, not the entire City. Councilmember Capra stated he thought Council did need to enact this moratorium and review the situation for 45 days. Nobody is knocking down doors to get in here. The point is businesses need to be sales based if they want to come into town. Councilmember Vizcarra stated he thought the fact that we have 29 vacancies clearly says people are not flocking here to open businesses. He has thought about this issue City Council Minutes February 19, 2008 Page 4 and didn't feel Council has enough information or details. We don't know how many businesses we have that are retail, service, etc. as we haven't done a thorough survey. Also, what kind of revenue are we getting from businesses along the Boulevard. A moratorium is more of a vindictive punishment and we don't want to convey that to prospective businesses. Anonymous Temple City resident stated quite a few people spoke in favor of a moratorium at the Planning Commission meeting. We have to start some place and if we don't start now, we will get more businesses not producing sales tax. Rents are high along Las Tunas and landlords are selective about their renters. That is part of the problem. She thought the moratorium was the greatest thing Council has brought up. A lot of businesses now on Las Tunas do not do business. She felt the moratorium was very important and asked Council to take it into consideration. Mary Burke, Temple City resident, said this situation has been going on for at least 6 years now and now all of a sudden, Council is calling for a moratorium. The Chamber CEO knows more about the businesses in Temple City than the Council and public. She often wondered if Council knew how many vacancies were occurring in the City and it was the Chamber that told the City there were 29. Her concern was, if this has been going on for so long, why wasn't it tackled before. If the moratorium was to go on for 45 days, why not use those days and get all of the information to know the businesses better. At the request of Council, City Clerk Flandrick read the title of Ordinance No. 08 -919U. Councilmember Wilson moved to waive further reading and adopt Ordinance No. 08- 919U, an URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATORIUM UPON NEW BUSINESSES OTHER THAN RETAIL BUSINESSES IN ANY PORTION OF PROPERTY INCLUDED IN A COMMERCIAL ZONE OR LOCATED WITHIN AN AREA COVERED BY THE DOWNTOWN SPECIFIC PLAN (THE STUDY AREA); SAID MORATORIUM SHALL BE PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE §65858, seconded by Mayor Pro Tem Gillanders. Councilmember Vizcarra stated he was voting no because this was an issue of big magnitude for the City and he wished to have more information and detail about what is going on to discuss among Council. He didn't have a good feel for what the impact will be. Mayor Wong was voting no because she thought incentive was better than restriction. Giving incentives to retail businesses paying high rent was much better than restrictions. A moratorium is not the resolution the City needs to move forward. She also suggested a study be done of people doing business in their homes which the City is not collecting tax on. The motion failed by the following roll call vote: AYES: Councilmember- Capra, Wilson, Gillanders NOES: Councilmember - Vizcarra, Wong ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Manager Martin stated the motion failed on a 3/2 vote and the ordinance is not adopted. The ordinance required a 4/5 vote. Mayor Pro Tem Gillanders stated he has run a business out of his home for 30 years and the businesses he deals with do charge sales tax. 1 1 1 1 1 1 City Council Minutes February 19, 2008 Page 5 Councilmember Vizcarra requested information on how many new businesses are granted business licenses for the next two months. 8. COMMUNICATIONS — None 9. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:24 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 8:25 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 8:26 p.m. with all Councilmembers present. 10. ACTION ON REQUEST BY CRA — None 11. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Connie Lee and Mark Talmo, Temple City residents, stated they were denied a parking permit because they had failed to note all of their vehicles on the permit application. There is not enough parking on their condo premises and they asked for consideration of a parking permit. Public Services Manager Erickson obtained the address to check into the issue and also advised that overnight parking permits can be obtained for a dollar a day. Linda Payne, Chamber of Commerce CEO, provided Council with an update on the Business Directory, stating the Chamber has received $76,000 in advertising sales and also approximately $8,000 through their e-waste event. The Chamber Board voted to put a portion of these monies toward paying the City back for their contribution for the directory. She felt the Chamber will have repaid all of the money the City put up front by the time the directory is done. She will be working with the Community Development Department Secretary to categorize businesses in the directory. The Chamber appreciated the Council's support and added that the directory has been very well received by the businesses in town. 12. UPDATE FROM CITY MANAGER A. CONSIDERATION TO AMEND OR DISBAND THE SCHOOL /CITY JOINT DEVELOPMENT AD HOC COMMITTEE City Manager Martin stated over the last few weeks he has received inquiries and complaints of what has occurred over the years and the makeup and function of this ad hoc committee. At the last City Council meeting, it was requested that this item be placed on an agenda to arrive at some composite decision regarding this committee. Councilmember Wilson stated she brought this item up because so far nothing has been accomplished. She wished to go back to the original intent of the City and school in working together by having quarterly meetings of both bodies and staffs. She suggested dropping the ad hoc committee and go forward to hold joint meetings. Council discussed this issue and voiced their opinions. Mayor Pro Tem. Gillanders suggested dropping the ad hoc committee and replace with a meeting of both bodies on an as needed basis. Mayor Wong suggested an annual meeting or per request, but with a right to cancel. Councilmember Wilson stated it was important not to lose the City's relationship with the District and to have an opportunity to do things together. City Council Minutes February 19, 2008 Page 6 Councilmember Wilson moved to disband the School /City Joint Development Ad Hoc Committee in favor of holding an annual joint meeting of the two Boards to discuss and determine joint participation in projects of benefit to the residents, 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 13. MATTERS FROM CITY OFFICIALS — None 14. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS — None 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CAPRA Councilmember Capra stated, with the discussions tonight regarding the moratorium and businesses and the blight on the Boulevard, Council may wish to seriously think about a redevelopment area for the near future. We need to start making changes during budget time. Councilmember Capra hoped everyone attends the Camellia Festival this weekend. B. COUNCILMEMBER VIZCARRA Councilmember Vizcarra requested an update on the status of the former Shell station property on Las Tunas and the Facade Improvement Program. Community Development Director Lambert responded the plan check is due to expire soon on the property and the owner indicated he is being held up with a sanitation permit. He originally was going to put in a car wash, but is now putting in a gas station. The building permits could be pulled in a few days. The owner is exploring whether to go with Shell or as an independent. The Facade Improvement Program is going well. C. COUNCILMEMBER WILSON 1. Consideration of Rent Control Restrictions in the Commercial Zones Councilmember Wilson said she realized this issue would take a lot of thinking, but with the high rents for the businesses, she felt the City should be able to do something to control this. It is really hard on people who have already established their business and have their rent raised and have to leave. She would like for Council to consider this issue to see what we can do about rent control. City Manager Martin stated he had informed Councilmember Wilson this would involve a lot of administrative work in drafting out an ordinance as well as ample staff to monitor it. It might add as many as 3 -5 employees. If Council wishes to pursue this, then he and the Assistant to the City Manager would try to get exemplars from other cities to bring back to Council at a later date. Council discussed this issue. Mayor Pro Tem Gillanders said he had read a great deal about this. There is a great deal of personal discrimination in rents being charged which is against the law. It needs to be investigated and turned over to the state to pursue criminal actions. Councilmember Capra stated this ties into the moratorium and we would have to go back and study the whole process. He suggested possibly working with the Chamber 1 1 1 1 City Council Minutes February 19, 2008 Page 7 for a solution for the moratorium and also rent control, as they have contact with the business people. Mayor Wong suggested a survey may be helpful. Councilmember Vizcarra said there are a large number of issues being brought up including a moratorium, rent control, business fronts not being used for anything and other issues. He suggested staff study these issues and report back to Council. City Manager Martin stated staff could investigate a number of these issues and report back to Council. The City Council directed to place on a future agenda consideration of rent control, redevelopment, incentive zoning, code enforcement, a more defined moratorium and related issues affecting commercial areas of the City. Councilmember Wilson asked that the meeting be adjourned in memory of resident Vern Nelson. D. MAYOR PRO TEM GILLANDERS Mayor Pro Tem Gillanders said it was expressed to him today that our chosen method of handling property nuisance claims may be unconstitutional as we currently have to have a complainant before we investigate. City Manager Martin responded that Council previously passed a motion that Code Enforcement had no independent authority in this area except via a written complaint. This was modified to say the senior staff officer and changed further to say it applies only to zoning matters. Health and safety violations are investigated as soon as possible. E. MAYOR WONG Mayor Wong wished to clarify that, while talking about the moratorium, she referred to some home occupations not paying taxes. She was not referring to any particular person or business. She was reminded by another City's Mayor that this is a problem in his City and is very popular now as another source of sales tax. Mayor Wong stated she introduced the Camellia Festival Royal Court to the Asian media in the hopes of bringing in more people to our festival. 16. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT CITY BUSINESS — None 17. LITIGATION UPDATE The City Council was provided with a review of recent federal, state and municipal court cases of interest. 18. CLOSED SESSION — None 19. ADJOURNMENT The City Council Regular Meeting was adjourned at 9:02 p.m. in honor and in memory of Vern Nelson. Mayor City Council Minutes February 19, 2008 Page 8 ATTEST: