HomeMy Public PortalAbout02) 7A1 CCM 2012-01-171. CALL TO ORDER
CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
JANUARY 17, 2012
AGENDA
ITEM ?.A-1.
Mayor Chavez 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-Bium, Sternquist, Vizcarra, Yu, Chavez
Councilmember -None
ALSO PRESENT: City Manager Pulido, City Attorney Vail, Parks & Recreation
Director Burroughs, City Clerk Flandrick, Community
Development Director Masura
3. INVOCATION
Pastor John Aitken, Temple City Seventh Day Adventist Church, provided the
Invocation .
4. PLEDGE OF ALLEGIANCE
Temple City businessman Jerry Jambazian led those present in the Pledge of
Allegiance to the Flag .
5. CEREMONIAL MATTERS -PRESENTATIONS
A. OATH OF OFFICE AND CERTIFICATE OF APPOINTMENT TO NEW
PARKS AND RECREATION COMMISSIONER
City Clerk Flandrick administered the Oath of Office to Matthew Wong,
newly appointed Parks and Recreation Commissioner.
On behalf of the City Council, Mayor Chavez presented Mr. Wong with a
Certificate of Appointment.
B. PRESENTATION OF CERTIFICATE OF APPRECIATION FROM DR.
KENNETH MARTIN
Dr. Kenneth Martin presented a Certificate of Recognition to the City
Council on behalf of residents and business owners in appreciation of the
City Council Minutes
January 17, 2012
Page 2
City's prompt response in assisting residents and businesses during the
windstorm recovery process .
6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Wesley Hester, representing the Public Art Advisory Group, informed the public
of meetings to be held on February 8 and 15, from 6 :30 - 8:30 p.m . in the
Community Room, to solicit public input regarding the art component of the
Rosemead Boulevard Enhancement Project.
Mary Kokayko, Temple City resident, said she was disappointed about the
proposal of sending Mayor Chavez to China and wished to pull Item 7 -F from the
Consent Calendar.
Peter Choi, Chamber of Commerce President/CEO, provided activities and event
information from the Chamber's monthly report.
7. CONSENT CALENDAR
Mayor Chavez pulled Item F from the Consent Calendar for public input.
Councilmember Blum moved to approve the remainder of the Consent Calendar,
seconded by Mayor Pro Tern Yu and unanimously carried by the following roll
call vote :
AYES :
NOES:
Councilmember-Bium, Sternquist, Vizcarra, Yu , Chavez
Council member-None
ABSENT: Councilmember-None
ABSTAIN : Councilmember-None
A. APPROVAL OF MINUTES
Approved Minutes of the City Council Regular Meeting of January 3, 2012 ,
as presented.
B . REQUEST FROM THE TEMPLE CITY CAMELLIA FESTIVAL FOR
SUPPORT AND AUTHORIZATION FOR USE OF STREETS AND
FACILITIES FOR THE 2012 CAMELLIA FESTIVAL
Approved various requests from the Temple City Camellia Festival for
authorization to use and control certain public rights-of-way and City park
facilities in connection with the 2012 Camellia Festival, subject to the
provision that the carnival company and all organizations selling food
along the parade route, or at the carnival, file insurance endorsements
naming the City as additional insured .
City Council Minutes
January 17 , 2012
Page 3
C. APPROVAL OF IN-KIND SERVICES AGREEMENT AND
MEMORANDUM OF UNDERSTANDING/COLLABORATION
AGREEMENT WITH YWCA SAN GABRIEL VALLEY -INTERVALE
SENIOR SERVICES TO PROVIDE A SENIOR LUNCH PROGRAM AND
OTHER RELATED SERVICES AT LIVE OAK PARK FOR FISCAL YEAR
2012-13
Approved the Memorandum of Understanding and In-Kind Services
Agreement with the YWCA San Gabriel Valley-Intervale Senior Services
for the senior lunch program and other related services at Live Oak Park
for Fiscal Year (FY) 2012-13 .
D. APPROVE PROGRESS PAYMENT NO. 3 TO CHRISTOPHER R.
MORALES, INC . FOR THE TRAFFIC SIGNAL UPGRADES ON TEMPLE
CITY BOULEVARD AT LAS TUNAS DRIVE AND BALDWIN AVENUE AT
OLIVE STREET, CIP P09-01 AND P09-02
Approved Progress Payment No . 3, in the amount of $127,164 .73, to
Christopher R. Morales, Inc. for the Traffic Signal Upgrades on Temple
City Boulevard at Las Tunas Drive and Baldwin Avenue at Olive Street,
Capital Improvement Projects P09-01 and P09-02.
E. VISA CARD REPORT
Received and filed the Visa Card Report.
G. ADOPTION OF RESOLUTION NO . 12-4790 -APPROVAL OF PAYMENT
OF BILLS
Adopted Resolution No . 12-4790, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $451,498.12 DEMAND NOS. 33574
THROUGH 33646 .
H. RESOLUTION NO. 12-4789 OF THE CITY OF TEMPLE CITY ADDING
PART-TIME POSITIONS TO THE CITY'S EMPLOYEE CLASS AND PAY
RANGE SCHEDULE
Adopted Resolution No. 12-4789, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE CLASS
SPECIFICATION AND SALARY RANGE FOR THE NEWLY CREATED
PART-TIME POSITIONS OF COMMUNICATIONS INTERN, FINANCE
INTERN, COMMUNITY DEVELOPMENT PROJECT MANAGER AND
COMMUNITY PRESERVATION OFFICER
City Council Minutes
January 17, 2012
Page4
F. TEMPLE CITY TRADE MISSION TO CHINA
The City Council was requested to approve out of state travel for Mayor
Tom Chavez (i.e., February 10-13, 2012) to visit Shanghai and Nanjing,
China and meet with potential capital investors for The Gateway at
Temple City project.
City Manager Pulido provided a report on this item, stating a couple of
years ago Randy Wang, owner of the Gateway Project property, reached
a settlement with the City that the Council approved, including that the City
would cooperatively work with him in securing tenants for the project. The
City did work with the owner in supporting his application to create a
Regional Center under the EB-5 Immigrant Investor Program. Under this
program, alien investors make a capital investment of either $500,000 or
$1,000,000 in a new commercial enterprise located in the United States .
The enterprise must directly create or preserve at least 10 full-time jobs for
qualified U.S. workers. Forty investors were needed to reach the $20M
total project investment. At a meeting last week, Mr. Wang indicated he
had secured 23 investors, and had another 10 investors who were
interested. The Mayor has met on several occasions with potential
investors and has also participated in a welcome video for the project.
The City is desirous of initiating both the Rosemead Boulevard
Enhancement Project and the Gateway Project as the same time, and
there is now an opportunity for the Mayor to visit China for the cost of a
conference here in the States . Funding is in place in the existing budget,
so approval is a policy decision for the Council.
Marv Kokayko, Temple City resident , said she thought it was wrong for Mr.
Wang to ask the City to send our Mayor to China. His investors have
been to visit here twice and it does not look good for our Mayor to solicit
for Mr. Wang's project. It he can't raise money for his project, it is his
problem, not ours.
Joan Vizcarra , Temple City resident, stated what Mr. Pulido said is
accurate, but there is an emotional mind feel here and one of the big
problems is that this item is on the Consent Calendar, which means it is
not up for discussion unless pulled . She did not want to see the
confidence in this Council lost, and wished for the City to move forward ,
not back where we were.
Angie Dorantes, Temple City resident , said she shared the same concerns
and questioned why we are trusting Mr. Wang . She did not want our City
to be in the papers again and asked the Council to look at this issue
carefully .
City Council Minutes
January 17, 2012
Page 5
Jerry Jambazian , Temple City businessman, felt this was a good idea . He
understood there could be a problem if Mr. Wang was paying for this trip,
but he is not. The City is paying for it and this is for a $20 million project
which we all want to get going. He was in favor of anything the City can
do to get this project moving .
Councilmember Sternquist said when she first read the proposal her first
thought was that there needed to be more education about the program.
We all heard good things and how it would help move the project forward,
but in taking time to read up on the program, she found out some
information that she found troubling . The pilot program started in 1992
and the amount of investment is the same. The program is due to sunset
in 2012 so there is an urgency for the EB-5 promoters to see the program
extended, and there is also uncertainty about a change in the amount of
investment being increased . Another thing of concern is that the Cities of
Victorville and El Monte supported the program but turned down the
project in place, so when the project failed, the investors' stake was also
at risk. Her main concern was, by sending a representative from the City,
it would give the investors a feeling that this project was supported by
local government. There is no regulation of the promoters and a lot could
get lost in translation . Also, a few weeks after this proposed visit, Council
reorganization takes place and we may have a new Mayor. So what
happens to those investors with a new Mayor? She felt it opened up a
can of worms and would not like any of the Council to be put in that
position.
Mayor Pro Tern Yu said he had a different take on this. Several other
citizens contacted him because they were concerned with the perception
of a City representative going all the way to China to promote this project.
He was more concerned with what the Chinese people might think. This
project came with a lot of history and is an emotional project for a lot of
people who did not like the project that much . But from a point of view of
Chinese people who, in mainland China, are used to a very heavy handed
government controlled system, having a governmental association is very
influential. The goal with the EB-5 Program is to provide background and
cooperation , i.e., working with them toward their Conditional Use Permit
(CUP) approval, and meeting with the investors who come over here. He
felt we might send the wrong message by going over there and we want
investors to know they are taking certain risks . Our City will provide the
infrastructure for this project to happen, but going over there might be
sending too strong a message that we are part of the project.
Councilmember Vizcarra brought up two perception issues. As politicians ,
perception is a reality . First perception is that if this goes forward, it will be
viewed locally as the City taking a step back to things that happened in the
City Council Minutes
January 17, 2012
Page 6
past and a potential for wrongdoing . It just looks bad that we are entering
into this much cooperation with Mr. Wang. He is a developer and needs
to develop and build on his own. We have agreed to help and have
helped , but sending the Mayor over there is above and beyond . Secondly ,
if the Mayor does go over there, he is soliciting investors to come here and
he is speaking for the City . The only thing we can do is say this is a great
City with great schools, etc . but cannot be in a position to say come over
and invest in our City . The liability is too severe and a lot can be lost in
translation . Another concern is that Mr . Wang received authorization from
the government in October 2010 to proceed with the EB5 Program, and as
of today he has 23 investors, but he wondered if that money is really
committed. Mr. Wang wants us to do some of his legwork for him. His job
is to go there and solicit investors but it should not appear that we are in
any way a part of that. We run the City, provide an excellent atmosphere
for investment, but do not help developers to that degree .
Mayor Pro Tern Yu said he failed to say that we do appreciate that our
Mayor is willing to take the time and agree to go on behalf of the City.
Mayor Chavez said he agreed with a lot of what has been said and
disagreed with some as well. He has met with some of the investors and
assured everyone that the C ity is not in any way guaranteeing this project.
He understood that anytime someone hears the name of Randy Wang, it
raises a lot of emotion and that is not going to go away . The EB5
Program is part of this development and funding is there through this
program. This lot is in our City and people don't like to look at that empty
lot-we take the heat for that. He did take exception to a couple of things
he heard and stated at no time would he be involved in any bribery or
extortion. The City is well aware of the issues involved and sometimes
perception becomes reality but we as elected officials should be able to
control those perceptions by doing the right thing . He was not going to
apologize for thinking this is a good idea as his traveling to China would
be purely as an ambassador for the City-not to lure or convince investors
to invest in a particular project, but to tell them what a great city this is . All
of us are comm itted to doing the best for our City including this project and
he would not want anyone to think this is a back door deal. Because it
was on the Consent Calendar doesn't mean we were trying to get it
through without transparency as anyone has the right to pull an item for
discussion . Everyone expressed great opinions and one way or another
we will do what it takes and do it the right way.
Councilmember Blum moved to approve out of state travel for the Mayor
to visit China on February 10-13, 2012 to meet with potential capital
investors for The Gateway at Temple City Project. The motion failed for
lack of a second . Approval was denied .
City Council Minutes
January 17, 2012
Page 7
8. UNFINISHED BUSINESS -None
9. NEW BUSINESS
A. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR Fiscal Year (FY) 2012-2013
Associate Planner Gulick reviewed his staff report, stating the City Council
is requested to hold a public hearing to consider the allocation of
Community Development Block Grant (CDBG) funds for fiscal year 2012-
2013 for the following programs:
Housing Rehabilitation Loan Program :
Asbestos Testing and Removal Program:
Youth Scholarship Program:
ADA Barrier Removal Program:
$150,000
$ 75,000
$ 31,085
$100 ,000
CDBG funds are used primarily to address slum and blight conditions, to
assist low and moderate-income households, for emergency purposes, or
to meet the needs of special-population groups , such as the disabled or
senior citizens.
In the past, the City has used CDBG funds for the Housing Rehabilitation
Loan Program, the Handyworker Assistance Program, the Youth
Scholarship Program, the installation of ADA-approved playground
equipment in its parks, and the construction of wheelchair ramps at
various intersections throughout the City. Over the past two years, the
City's CDBG Program has received significant cuts, nearly $50,000 each
year. The allocation for FY 2012-2013 is estimated to be $207,236, but
that figure may be adjusted by the Community Development Commission
(CDC) based upon the eventual U.S. Department of Housing and Urban
Development (HUD) allocation. It should be noted that the combined
amounts of the programs may be more than the estimated allocation for
FY 2012-2013. This is due to funds being carried over from previous
years or "program income" or interest received from loans paid back from
the Housing Rehabilitation Loan Program.
Associate Planner Gulick provided a brief description of each of the
programs and responded to questions from Council. In the past, the CDC
would allow up to 10% of the City's overall annual allocation for a General
Administration Program to oversee all of the City's CDBG Programs. The
CDC reduced this program for FY 2012-2013 from 10% ($27,000) to 5%
($13,500) after receiving the CDC's final allocation from HUD . Due to
anticipated deeper budget cuts, the CDC has decided to eliminate the
funding of all General Administration Programs at this time.
City Council Minutes
January 17. 2012
Page 8
Mayor Chavez opened the Public Hearing.
Hearing no requests to speak, either for or against this item , the public
hearing was closed .
In response to Mayor Pro Tern Yu, City Manager Pulido confirmed that all
of the amounts could be readjusted at budget t ime.
Councilmember Blum moved to approve the following CDBG-funded
programs for FY 2012-2013 :
Housing Rehabilitation Loan Program :
Asbestos Testing and Removal Program :
Youth Scholarship Program :
ADA Barrier Removal Program :
$150 ,000
$ 75 ,000
$ 31 ,085
$100,000
seconded by Mayor Pro Tern Yu and unanimously carried by the following
roll call vote :
AYES :
NOES:
ABSENT:
ABSTAIN :
Councilmember-Bium, Sternquist, Vizcarra , Yu, Chavez
Councilmember-None
Council member -None
Councilmember-None
B. INTRODUCTION OF ORDINANCE NO 12-952 , AN ORDINANCE
REPEALING SECTION 5308 FROM THE TEMPLE CITY MUNICIPAL
CODE RELATING TO THE UNIFORM LOCAL SALES AND USE TAX
ORDINANCE TO TERMINATE THE EXISTING CREDIT FOR PAYMENT
OF SALES AND USE TAXES PAID TO THE TEMPLE CITY
COMMUNITY REDEVELOPMENT AGENCY
City Attorney Vail noted that there are three items on the City Council and
Community Redevelopment Agency agendas that are interrelated to the
dissolution of the Agency. The City Council is first requested to cons ider
first reading of an ordinance to repeal in full Section 5308 of the City's
Municipal Code. This section currently grants a credit against the sales
and use tax due the City for payment of a sales and use tax established
by and paid to the Agency. With the Agency due to dissolve on February
1, 2012, it will no longer collect any sales tax and so the credit is no longer
necessary.
The Agency currently collects and forwards to the City approximately
$500,000 per year in sales and use tax. The City's credit, as established
in Section 5308 of the Municipal Code, allows for this collection and a
longstanding agreement between the Agency and City allows for the
reimbursement to the City of all amounts of sales and use tax not needed
City Council Minutes
January 17, 2012
Page 9
by the Agency . Adoption of this ordinance repealing Section 5308 would
not result in any gain or loss to the City but would ensure that the City
continues to receive the full amount of sales and use tax that it is allowed
to collect under the Code.
At the request of Council, City Clerk Flandrick read the title of Ordinance
No. 12-952.
Councilmember Blum moved to waive further reading and introduce on
first reading Ordinance No . 12-952, an ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY REPEALING SECTION 5308
FROM THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE
UNIFORM LOCAL SALES AND USE TAX ORDINANCE TO TERMINATE
THE EXISTING CREDIT FOR PAYMENT OF SALES AND USE TAXES
PAID TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT
AGENCY, seconded by Mayor Pro Tern Yu and unanimously carried by
the following roll call vote :
AYES :
NOES:
ABSENT:
ABSTAIN :
Councilmember-Bium, Sternquist, Vizcarra, Yu, Chavez
Councilmember -None
Councilmember-None
Councilmember-None
C. INTRODUCTION OF RESOLUTION NO . 12-4791 , A RESOLUTION
DESIGNATING THE CITY OF TEMPLE CITY COMMUNITY
DEVELOPMENT AND HOUSING AUTHORITY AS THE SUCCESSOR
HOUSING AGENCY OF THE TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
As a related item to the ordinance, City Attorney Vail recommended the
City Council consider for adoption a Resolution selecting the City of
Temple City Community Development and Housing Authority as the
successor entity for the housing functions of the Temple City Community
Redevelopment Agency. In general, the primary obligations incurred by
the Housing Authority would be the obligation to use any remaining
Agency housing assets to create affordable housing within the city and to
monitor and enforce any covenants and agreements that were put in place
by the Agency during its lifespan. The Authority would be able to use any
funds held by the Agency to perform these obligations.
Councilmember Blum moved to adopt Resolution No. 12-4791 , a
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, DESIGNATING THE CITY OF TEMPLE CITY
COMMUNITY DEVELOPMENT AND HOUSING AUTHORITY AS THE
SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT
City Council Minutes
January 17, 2012
Page 10
AGENCY OF THE CITY OF TEMPLE CITY, seconded by Mayor Pro Tern
Yu and unanimously carried by the following roll call vote :
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember-Bium, Sternquist, Vizcarra , Yu, Chavez
Counc ilmember-None
Councilmember-None
Councilmember-None
10. COMMUNICATIONS -None
11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING
At 8:57 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 9:03 p.m. with all Councilmembers
present.
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
Mayor Pro Tern Yu reported that he and Councilmember Vizcarra, as the
Chamber Renovation Ad Hoc Committee, met earlier this evening and made
recommendation to staff to bring back design options to the full Council in
February .
Councilmember Vizcarra reported that the Public Art Ad Hoc Committee
(Councilmember Vizcarra and Mayor Chavez) and the Advisory Committee met
with the Rosemead Boulevard Project design team and provided direction ,
received samples and followed up on suggestions made regarding monuments
and logo, etc., which will be presented at the Council Study Session on Thursday
night (January 19, 2012).
Mayor Chavez stated he and Mayor Pro Tern Yu , as the Budget Ad Hoc
Committee met with the City Manager and discussed several issues including
fund balances and retiree benefits, and will report to the full Council in the near
future.
City Council Minutes
January 17, 2012
Page 11
16 . COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR
AGENDA
A. COUNCILMEMBER BLUM -None
B. COUNCILMEMBER STERNQUIST
Councilmember Sternquist shared information of upcoming seminars
regarding the EB-5 Program.
C. COUNCILMEMBER VIZCARRA-None
D. MAYOR PROTEM YU
Mayor Pro Tern Yu reiterated that his opposition to Item 7-F was only
based on the fact that he saw this item differently or had a different
opinion of it, but acknowledged that the intent was just to try to do
something for the City.
E. MAYOR CHAVEZ
Mayor Chavez shared the subjects of his recent meetings with residents
and business owners at City Hall.
Mayor Chavez reported on his participation on a panel of legislators to
discuss the windstonn damage and response by Edison and other
agencies held at the gth Circuit Court of Appeals. There was also a
California Public Utilities Commission (CPUC) hearing held at Temple City
High School on January 26. More information is on the City's website and
the Council will have a re-cap meeting on this subject next month .
Councilmember Blum noted upcoming special meetings: a Neighborhood
Watch Meeting at Emperor School this Friday, January 20, from 6:00 -
8 :00 p.m. and a City Council Special Meeting regarding the Rosemead
Boulevard Enhancement Project this Thursday in the Community Room at
7:00p.m.
17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT
OF CITY BUSINESS -None
18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE
AGENDA
Marv Kokayko, Temple City resident, requested the Council close the meeting in
memory of Mary Burke and thanked Mr. Jambazian for sharing her picture .
City Council Minutes
January 17, 2012
Page 12
Jerry Jambazian, Temple City businessman, asked if the costs of the windstorm
recovery were known at this time.
City Manager Pulido responded it was estimated to be between $1 million to
$1.25 million. The City will continue to pursue funding opportunities, more details
of which will be included in this week's Manager's Report.
Mayor Chavez added that some of those issues were discussed at the round
table meeting he attended . The disaster did not reach the state level amount of
$50 million in order to obtain federal monies .
19. CLOSED SESSION -None
20. ADJOURNMENT
The City Council Regular Meeting was adjourned at 9 :26 p.m. in honor and in
memory of Mary Burke.
Mayor
ATTEST:
City Clerk