Loading...
HomeMy Public PortalAboutCity Council_Minutes_2010-10-19_Regular 20101 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES OCTOBER 19, 2010 1. CALL TO ORDER Mayor Pro Tem Chavez called the City Council Regular Meeting to order at 7:32 p.m. in the Council Chambers located at 5938 Kauffman Avenue, Temple City. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmember -Blum, Sternquist, Yu, Chavez Councilmember - Vizcarra City Manager Pulido, City Attorney Vail, Parks and Recreation Director Burroughs, City Clerk Flandrick, Community Development Manager Lambert, Financial Services Manager Molina, Public Safety Officer Ariizumi Councilmember Blum moved to excuse Mayor Vizcarra for cause, seconded by Councilmember Yu and unanimously carried. 3. INVOCATION Sheriff Lee Baca presented the Invocation. 4. PLEDGE OF ALLEGIANCE Mayor Pro Tem Tom Chavez led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS — PRESENTATIONS — None 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Fred Jast, spoke of an eminent domain action involving his residence on Birchland Place and asked to see what could be done in regard to receiving payment for his losses during this process. Leslie Tiing & Jane Huang, representing Future Business Leaders of America and Key Club of Temple City High School, announced a benefit concert fundraiser for a pediatric trauma prevention program. Donations would be accepted to provide funding for equipment and communication outreach efforts. The concert will be held in Temple City High School Room 601 on Saturday, October 23, 2010 at 6:00 p.m. Tianyi Chenq, Temple City High School student representative, provided information on Red Ribbon Week, starting October 25. The goal is to educate the community of the consequences of drunk driving and the importance of drug education and prevention. Daniel Garcia, stated he was an advocate for people with disabilities to support in -home services and training. He also spoke in support of Mr. Jast's request for recovery of his losses; and his concerns of inaccessibility of the Library's facilities for those with disabilities. Councilmember Yu noted that Mr. Jast's residence is out of the City's jurisdiction and suggested taking up his issue with the City of El Monte. City Council Minutes October 19, 2010 Page 2 Susan Schlaeqer, Temple City Library Manager, announced various programs at the Library during the month of November. 7. CONSENT CALENDAR Councilmember Blum removed Item I from the Consent Calendar, and Mayor Pro Tem Chavez removed Item F, as requested by a member of the public. Councilmember Yu moved to approve the remainder of the Consent Calendar, seconded by Councilmember Blum and unanimously carried. Mayor Vizcarra was absent. A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of October 5, 2010, as presented. B. PLANNING COMMISSION ACTIONS — MEETING OF SEPTEMBER 28, 2010 Received and filed the Planning Commission actions of their meeting of September 28, 2010. C. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A STREET BANNER BY TEMPLE CITY AMERICAN LITTLE LEAGUE Approved the request by the Temple City American Little League for City staff to place and remove a street banner advertising their registration dates for the 2011 season, subject to submission of proper insurance documentation. D. ADOPTION OF RESOLUTION NOS. 10 -4700, 10 -4701, AND 10 -4702 RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION OF MARCH 8, 2011 Adopted the following Resolutions required for the conduct of the City's General Municipal Election on March 8, 2011: 1) Resolution No. 10 -4700, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF TEMPLE CITY; Resolution No. 10 -4701, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011; and 3) Resolution No. 10 -4702, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011. 1 1 1 1 City Council Minutes October 19, 2010 Page 3 E. APPROVAL OF PROGRESS PAYMENT NO. 1 TO HEISLER LANDSCAPE GENERAL ENGINEERING INC. FOR WORK PERFORMED ON THE LIVE OAK PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT Approved progress payment No. 1, in the amount of $19,464.73, to Heisler Landscape General Engineering Inc. for work performed on the Live Oak Park Playground Equipment Replacement Project (P10 -04). G. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ELECTION SERVICES FOR THE GENERAL MUNICIPAL ELECTION ON MARCH 8, 2011 Approved the First Amendment to the to the Professional Services Agreement with Martin & Chapman Company to make a modification to their recently approved agreement to perform election services by decreasing their auto liability insurance coverage to $500,000 and authorized the City Manager to execute the Agreement. H. VISA CARD REPORT Received and filed the Visa Card Report with the current charges. J. ADOPTION OF RESOLUTION NO. 10 -4704 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 10 -4704, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $276,556.35 DEMAND NOS. 30412 THROUGH 30537. F. APPROVAL OF CHANGE ORDER FOR THE LIVE OAK PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT The City Council was requested to approve a change order from Heisler Landscape General Engineering Inc., in the amount of $5,495.67, for the Live Oak Park Playground Equipment Replacement Project (P10 -04) to cover the cost of additional poured in place rubber surfacing. Daniel Garcia stated his concerns of accessibility at the park playground for those with disabilities. Parks and Recreation Director Burroughs responded that the item before Council is; for a change order for the Playground Equipment Replacement Project. The city doeslhave rubber surfacing over the entire playground that does make it accessible for all, andjmost of the park is ADA accessible. When equipment has been purchased over the years, as well as this surfacing, it has been ADA accessible. Councilmember Blum moved to approve the change order from Heisler Landscape General Engineering Inc., in the amount of $5,495.67, for the Live Oak Park Playground Equipment Replacement Project (P10 -04) to cover the cost of additional poured in place rubber surfacing, seconded by Councilmember Yu and unanimously carried. Mayor Vizcarra was absent. ADOPTION OF RESOLUTION NO. 10 -4703 IN OPPOSITION TO PROPOSITION 19, THE "REGULATE, CONTROL AND TAX CANNABIS ACT OF 2010" APPEARING ON THE NOVEMBER 2010 STATEWIDE BALLOT The City Council was requested to adopt a resolution opposing Proposition 19, the Regulate, Control and Tax Cannabis Act of 2010, a proposal to legalize marijuana under City Council Minutes October 19, 2010 Page 4 State but not Federal law, and direct staff to forward a copy of the Resolution to the League of California Cities and state legislators. Councilmember Blum stated Council talked about this Proposition at the last meeting and directed that a Resolution opposing Proposition 19 be brought back for Council's consideration. Proposition 19 would legalize marijuana possession for persons age 21 and over and permit the cultivation, transportation, and consumption of marijuana on a statewide basis. The City has taken the position of placing a moratorium on marijuana facilities in the City and opposed a marijuana clinic in an area close to us. Also, in speaking to law enforcement, the Council feels it is in the best interest of the City to oppose Proposition 19 and encourage our citizens to vote against Proposition 19. Councilmember Blum moved to adopt Resolution No. 10 -4703, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, IN OPPOSITION TO PROPOSITION 19, THE "REGULATE, CONTROL AND TAX CANNABIS ACT OF 2010 ", and direct staff to forward a copy of the Resolution to the League of California Cities and state legislators, seconded by Councilmember Yu and unanimously carried. Mayor Vizcarra was absent. 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. REVIEW OF THE NEW OVERNIGHT PARKING ORDINANCE Public Safety Officer Ariizumi summarized his staff report, stating on June 1 and June 15, the City Council considered for first reading and adoption a new overnight parking Ordinance. The Ordinance became effective July 16, 2010, and staff began issuing overnight permits on. July 19, but suspended enforcing the new restricted hours until September 15 to allow time to inform and educate the public about the new hours. In the past months since the new Ordinance and permit application process was implemented, staff and the City Council have received complaints from residents. Staff identified five issues brought to the City's attention: 1) Annual permits for take home work vehicles. The new ordinance requires that all vehicles listed on the application have current registration listing the applicant's address; 2) Placement of the annual permit on the vehicle. Consideration of an alternate location in which to place an annual permit on the vehicle; 3.) Temporary permits for vehicles in the repair shop for those residents with an annual permit; 4) Number of annual permits per residence. The new Ordinance restricts the number of annual permits to 2 per residence, which some residents have stated creates a hardship for them; and 5) Hours for restricted parking. The new Ordinance changed the restricted hours for overnight parking from 3 -5 a.m. to the new hours of 2 -6 a.m. A code amendment would be required for any change to the current ordinance. Staff recommended three options for review of the overnight parking ordinance: 1 1 1 1 City Council Minutes October 19, 2010 Page 5 Option 1 — Discuss the item tonight and direct staff to prepare an ordinance amendment, which is to be brought back before the City Council for review and adoption; i Option 2 — Postpone review of the overnight parking ordinance until the Public Safety Commission is appointed, for the Commission's review and recommendation to Council; and /or Option 3 — Direct staff as necessary to address this matter. Councilmember Yu stated this issue has generated a lot of controversies individually. and at Council meetings, so he was in favor of discussing this tonight and giving direction. Councilmember Sternquist agreed Council should discuss this issue this evening. Councilmember Blum said he was inclined to go with Option 2 to refer to the Public Safety Commission. He was concerned with a couple of the issues, but this is a good Ordinance and the special issues that exist could be addressed by the Commission. Mayor Pro Tem Chavez stated he was leaning in agreement with Councilmember Blum. Council did perform due diligence in considering this new Ordinance and provided notice to allow the public to give their opinions on this matter, even allowing a grace period before enforcing. All five issues are valid and have some merit, but one of the reasons for reinstating this Commission was to address these types of issues. Councilmember Sternquist suggested that as most of the requests are reasonable, Council need not go into a lengthy discussion to make a decision on those issues that could be addressed, and the others could go through the Commission. Franklin Ruedel, Temple City resident, asked about a concern of lack of parking spaces brought up by a resident at a previous meeting. Public Safety Officer Ariizumi responded that the issue involved oversized vehicles ,which were too large to fit into a garage. Mayor Pro Tem Chavez recommended and Council concurred to consider the items ;most easy to resolve and leave for the Commission those issues in which Council has reached an impasse. Regarding Issue No. 1 — annual permits for take home work vehicles — Public Safety Officer Ariizumi stated the process of other cities involves a supplemental application as well as a letter from the employer in order to issue an annual permit in these instances. The exemption would be for emergency vehicles. Council concurred for staff to come back with an amendment to the ordinance to allow annual permits for take home work vehicles, with the requirements as noted above. Regarding Issue No. 2 — placement of an annual permit on the vehicle — Council concurred to allow an alternate placement of the permit on the left rear bumper to accommodate those vehicles with pick -ups or camper shells, etc. that would create a problem for current placement of the permit on the outside. lower left hand corner of the rear window. Regarding Issue No. 3 — temporary permits for vehicles in the repair shop — Council discussed this issue and Public Safety Officer Ariizumi provided information, stating in most of these requests, the resident already has an annual permit. The resident asks for City Council Minutes October 19, 2010 Page 6 a free permit as a rental car is being used to replace the vehicle in the shop and they need a temporary permit in the interim for the rental car. Council concurred to allow temporary permits for vehicles in the repair shop for up to 30 days, with some proof of documentation from the repair shop, and limited to 2 such permits annually. Regarding Issue No. 4 — number of annual permits per residence — Council concurred to refer this issue to the Public Safety Commission for review and recommendation. Regarding Issue No. 5 — hours for restricted parking — Public Safety Officer Ariizumi stated the new hours of 2:00 a.m. to 6:00 a.m. would conform with the restricted hours of most cities surrounding Temple City. Council discussed this issue with concurrence to change the restricted hours to 2:00 a.m. to 5:00 p.m. At the recommendation of City Attorney Vail, the City Council also concurred to include a hardship provision in the ordinance for exceptions to be determined by the Public Safety Commission. Staff was directed to prepare an ordinance amendment with the approved changes to bring back at a future meeting for Council's review and adoption. 10. COMMUNICATIONS — None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:32 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. RECONVENE AS CITY COUNCIL The City Council Meeting was reconvened at 8:37 p.m. with all Councilmembers present, except Mayor Vizcarra. 12. ACTION ON REQUEST BY CRA — None 13. UPDATE FROM CITY MANAGER — None 14. MATTERS FROM CITY OFFICIALS — None 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Councilmember Blum reported on the most recent Rosemead Boulevard Improvements Ad Hoc Committee meeting, at which Committee Members Blum and Yu were present, along with City Manager Pulido and Vanir Construction Management staff. The Committee has been meeting weekly with the goal to move the project along as rapidly as possible. The primary focus has been two -fold: 1) identifying all the issues to be addressed in this project; and 2) developing a scope of work for the Design Team. A combined Request for Qualifications (RFQ) /Request for Proposal (RFP) was issued for the design work with a deadline of October 27, at which time the proposals will be evaluated and interviews set up. The Committee will negotiate with the selected firm with a plan to award the contract at a Special Council Meeting on November 23. The design phase will be from November 2010 to Summer of 2011, at which time construction will take place, with a completion date no later than Summer of 2013. 1 1 1 1 1 City Council Minutes October 19, 2010 Page 7 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM Councilmember Blum noted that Council earlier this evening adopted a Resolution in opposition to Proposition 19 and encouraged everyone to vote "No" on Proposition` 19. Council also previously approved a recommendation for a "Yes" vote on Proposition 22 which would prohibit the State from raiding local funds. Both Propositions are critical for our City and he encouraged everyone to vote. B. COUNCILMEMBER STERNQUIST Councilmember Sternquist reminded everyone of upcoming Parks and Recreation events: Family Fall Jubilee & Car Show on October 23 from 12 noon to 4:00 p.m. at Temple City Park, and the Halloween Festival on October 31 at 6:30 p.m. at Live Oak Park. C. COUNCILMEMBER YU Councilmember Yu agreed with Councilmember Blum statements regarding Propositions 19 and 22 and urged everyone to vote. D. MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez reported on a Gas Company Pipeline Safety Meeting he attended this morning which was very informative and included a tour of their facilities in Downey. He attended the 100th Anniversary celebration of First United Methodist Church at which the City presented a proclamation. Congressman Schiff was present and many local people were in attendance. Mayor Pro Tem Chavez announced that the Council would be meeting with Supervisor Antonovich tomorrow morning at 8:00 a.m. in the Community Room. This is a noticed Special Meeting and everyone is invited. The City Manager has an extensive agenda and there is a public comments portion on the agenda for public input. E. MAYOR VIZCARRA - Absent 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER BLUM $350.00 Registration - California Contract Cities Association Fall Seminar $401.32 Hotel - California Contract Cities Association Fall Seminar $378.90 Hotel - California Joint Powers Insurance Authority Risk Management Conference B. COUNCILMEMBER STERNQUIST $350.00 Registration - California Contract Cities Association Fall Seminar $401.32 Hotel - California Contract Cities Association Fall Seminar $378.90 Hotel - California Joint Powers Insurance Authority Risk Management Conference City Council Minutes October 19, 2010 Page 8 C. COUNCILMEMBER YU $401.32 Hotel - California Contract Cities Association Fall Seminar $378.90 Hotel - California Joint Powers Insurance Authority Risk Management Conference D. MAYOR PRO TEM CHAVEZ $500.00 Registration - League of California Cities Annual Conference $350.00 Registration - California Contract Cities Association Fall Seminar $401.32 Hotel - California Contract Cities Association Fall Seminar $568.35 Hotel - California Joint Powers Insurance Authority Risk Management Conference E. MAYOR VIZCARRA $500.00 Registration - League of California Cities Annual Conference $350.00 Registration - California Contract Cities Association Fall Seminar $401.32 Hotel - California Contract Cities Association Fall Seminar $378.90 Hotel - California Joint Powers Insurance Authority Risk Management Conference 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Franklin Ruedel, Temple City resident, thanked Council for taking a position on Proposition 19. He announced that the Blue Star Dinner would be held on November 5 at 6:00 p.m. at First Baptist Church and he invited the City Council and anyone who would like to come in support of our veterans. Jerry Jambazian, Temple City businessman, referring to the upcoming redevelopment community workshop, asked if expansion of the redevelopment project area could include other properties that were not contiguous. City Attorney Vail responded that as long as the properties were in need of redevelopment, they would not have to be contiguous. 19. CLOSED SESSION — None 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 8:55 p.m. ATTEST: j City Clerk 1 1 1