HomeMy Public PortalAboutCity Council_Minutes_2010-10-19_Regular 20101
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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.
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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.
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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
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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:
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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
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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.
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City Council Minutes
October 19, 2010
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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:
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City Clerk
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