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HomeMy Public PortalAbout7AAGENDA ITEM 7.A. CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES AUGUST 17, 2010 1. CALL TO ORDER Mayor Vizcarra 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: Councilmember-Blum, Chavez, Vizcarra ABSENT: Councilmember-Sternquist, Yu ALSO PRESENT: City Manager Pulido, City Attorney Vail, City Clerk Flandrick, Community Development Manager Lambert, Financial Services Manager Molina, Public Safety Officer Ariizumi Councilmember Blum moved to excuse Councilmember Sternquist and Councilmember Yu for cause, seconded by Mayor Pro Tem Chavez and unanimously carried. 3. INVOCATION Reverend David Palmer, Pastor of 1st United Methodist Church, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Special Assignment Deputy Rick Adams, Temple Station, 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 Ron Esquivel, speaking on behalf of the Temple Sheriff Station and the Asian Community Advisory Committee, sponsors of a free workshop on Auto Burglary and Theft Prevention, invited the City Council and public to the workshop and presented flyers for distribution. The workshop will be held on Monday, September 20, 2010 from 7:00 p.m. -- 9:00 p.m. at the Rosemead Public Safety Center. Mary Burke, Temple City resident, said she took offense to the City Manager's Report of August 12 in regard to the inclusion of a memo to City employees that City Council Minutes August 17, 2010 Page 2 she felt should have been addressed to the employees themselves. Now everybody has access to this. Not everyone goes into City Hall or knows what the employees' work entails or what their capabilities are. The memo assumes they are not pulling their weight. She goes into City Hall at least once a week and being a friendly person, likes to say hello. She finds the employees very cordial and helpful. Mayor Vizcarra stated the memo contains general guidelines that are not directed at any one person. Das Sheenh, Temple City resident, said he appreciated the information on the City's website regarding the specific duties and expectations of Council and employees and thought this was the right direction to go. He read in the newspaper about the City of Bell and other cities and asked if Council would put on the City's website what the City Manager and top employees make and also the lowest paid employee in the City. He also wished to find out if the City's reserves have gone up or down from the previous year and total amount of reserve funds. In response, Financial Services Molina estimated there is about $200,000 surplus with approximately $32M in reserves, which is about the same as last year. Mr. Sheenh continued inquiring about trash service charges in comparison to the City of Arcadia and also felt that residents should have the opportunity to choose once a week pickup. He asked Council to look into how these charges can be reduced and also if the evergreen contract can be reversed. Jim Clift, Temple City resident, speaking for resident Mary Kokayko, read a letter to the City Council and City Manager on her behalf in which she referred to the informal weekly Brown Bag Lunch meeting. Three of the Councilmembers and many residents have jobs that would prevent them from attending. Also, she questioned what could be accomplished in one hour. This will not address residents' concerns. A town hall meeting is needed, perhaps on a quarterly basis as Councilmember Sternquist previously recommended, but nothing more was heard about it. Jerry Jambazian, Temple City businessman, clarified that the Brown Bag Lunch is a Chamber of Commerce event and brainchild of its President, Brian Venerable. It is not a City function or event, but anyone can attend. 7. CONSENT CALENDAR Councilmember Blum moved to approve the Consent Calendar, seconded by Mayor Pro Tem Chavez and unanimously carried by the following roll call vote: City Council Minutes August 17, 2010 Page 3 AYES: Councilmember-Blum, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-Sternquist, Yu ABSTAIN: Councilmember-None A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of August 3, 2010, as presented. B. PLANNING COMMISSION ACTIONS — MEETING OF JULY 27, 2010 Received and filed the Planning Commission actions of their meeting of July 27, 2010. C. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 15 THROUGH SEPTEMBER 17, 2010 Designated Mayor Vizcarra as Voting Delegate and Councilmember Sternquist as Voting Alternate for the League of California Cities annual business meeting on September 17, 2010. D. ADOPTION OF RESOLUTION NO. 10-4690 AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES AND RECYCLING (CALRECYCLE) Adopted Resolution No. 10-4690, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR ALL AVAILABLE FUNDS. E. SERVICES AGREEMENT WITH BRINK'S U.S. TO PROVIDE ARMORED SERVICES TO THE CITY OF TEMPLE CITY FOR DEPOSIT PICK UP AND DELIVERY TO WELLS FARGO CASH VAULT Approved the services agreement with Brink's U.S. to provide three times a week deposit pick up from the City of Temple City to Wells Fargo Cash Vault, and authorized the City Manager to sign the agreement. City Council Minutes August 17, 2010 Page 4 F. JUNE TREASURER'S REPORT, FOURTH QUARTER PRELIMINARY REVENUE AND EXPENDITURE SUMMARY REPORTS, AND CAPITAL IMPROVEMENT FINANCIAL REPORT Received and filed the June 2010 Treasurer's Report, Fourth Quarter Preliminary Revenue and Expenditure Summary Reports, and Capital Improvement Financial Report. G. FINAL MAP APPROVAL FOR PARCEL MAP NO. 70435 AT 10659 DAINES DRIVE Approved Parcel Map No. 70435 at 10659 Daines Drive by the following actions: 1) Made findings as enumerated in the letter from the Los Angeles County Public Works Department: a) That the subdivider has met and performed all applicable requirements and conditions imposed pursuant to the State Subdivision Map Act (government Code Section 66410, et seq.) and the City's subdivision ordinances; b) That the proposed subdivision is in substantial compliance with the previously approved tentative map; c) That division and development of the property, in the manner set forth on the approved tentative map for this subdivision, will not unreasonably interfere with the free and complete exercise of any rights of way or easements owned by any public entity and/or public utility in accordance with Section 66436(a) 3A(i-viii) of the State Subdivision Map Act; 2) Approved the Parcel Map; 3) Accepted dedications as indicated on Parcel Map Number 70435; 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; and 5) Instructed the City Clerk to endorse on the face of Parcel Map Number 70435 the certificate that embodies the approval of said Map. City Council Minutes August 17, 2010 Page 5 H. ADOPTION OF RESOLUTION NO. 10-4691 AUTHORIZING THE CITY MANAGER TO APPLY FOR A SUSTAINABLE COMMUNITIES PLANNING GRANT Adopted Resolution No. 10-4691, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84). I. PETTY CASH AND VISA CARD REPORTS Received and filed the Petty Cash and Visa Card Reports with the current charges. J. ADOPTION OF RESOLUTION NO. 10-4692 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 10-4692, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $328,102.00 DEMAND NOS. 29965-29966, 29975, 29980-30012, 29974 ($73,933.87 — FY 2009-2010) AND DEMAND NOS. 29968-29973, 29976-29977, 29979, 30013-30110, 29967, 29978, 30092 ($254,168.13 — FY 2010-2011). 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. PUBLIC HEARING: CONSIDERATION OF ORDINANCE NO. 10-937 AMENDING TEMPLE CITY MUNICIPAL CODE RELATING TO THE CITY'S SYSTEM FOR PURCHASING GOODS, SERVICES AND EQUIPMENT Financial Services Manager Molina stated the City Council was requested to hold a public hearing for the consideration of Ordinance No. 10-937 amending Temple City Municipal Code relating to the City's purchasing system. The amended ordinance would: 1) Change the City's design -build contracting process to bring it into conformity with State law and the City Charter; and City Council Minutes August 17, 2010 Page 6 2) Change the City's public bidding requirements to bring them into conformity with the City Charter and set the threshold for requiring bidding on purchases of equipment, supplies and services at $25,000 and purchases over $25,000 would require the City to follow the formal bidding process. The recommended changes also include: 1) Elimination of the current exemption from prevailing wage (required because of the Charter); 2) Power to use cooperative purchasing agreements to allow more flexibility where some other entity has already gone through a formal bidding process; 3) Requirement for informal quotes for items under the threshold; 4) Change in current design/build authority to simply comply with design/build in the Public Contracts Code; and 5) Local vendor preference which would allow the City to give preferences when it wants to without ever requiring it to do so. In response to Mayor Vizcarra, City Attorney Vail clarified, under the current state of law, charter cities can exempt themselves on prevailing wages, but the law has changed dramatically since the Charter was adopted, and it was felt the ordinance was outdated and inconsistent with the Charter, as currently there is no exemption for prevailing wages. Financial Services Manager Molina added that the City generally has been paying prevailing wages because of its use of federal funds and grants. Mayor Vizcarra opened the public hearing. Byron Engh, Alhambra, commented because of personal experience, he found that prevailing wages, although required by law, can increase costs and also increase compliance paperwork and enforcement. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Councilmember Blum stated that this will have little effect on the City as most of our projects are funded with grant monies or federal monies and using general funds is very limited. City Council Minutes August 17, 2010 Page 7 City Attorney Vail responded that the courts have moved over the last five years toward holding that prevailing wage on public projects is a statewide concern and that charter cities cannot exempt themselves. The City is better served not trying to amend the Charter, as this is now a grey area and every project would be challenged. At the request of Council, City Clerk Flandrick read the title of proposed Ordinance No. 10-937. Mayor Pro Tem Chavez moved to waive further reading and introduce, on first reading, proposed Ordinance No. 10-937, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING CHAPTER 5 (PURCHASING SYSTEM) OF TITLE 2 (ADMINISTRATION) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE CITY'S SYSTEM FOR PURCHASING GOODS, SERVICES, AND EQUIPMENT, seconded by Councilmember Blum and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-Sternquist, Yu ABSTAIN: Councilmember-None 10. COMMUNICATIONS — None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:03 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 8:08 p.m. with all Councilmembers present, except Councilmembers Sternquist and Yu. 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 — None City Council Minutes August 17, 2010 Page 8 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM None B. COUNCILMEMBER STERNQUIST — Absent C. COUNCILMEMBER YU — Absent D. MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez reminded everyone that the Council's new protocols are currently on the website available to look at and make comments. Approval of the protocols will be on the next meeting agenda and the Council has asked for and welcomes input. Mayor Pro Tem Chavez stated there was some confusion about the Brown Bag Lunch being initiated by Councilmember Blum. Although he is the City Council liaison to the Chamber, this is a Chamber run event, at which the Council and any member of the public is welcome. The Council is aware that the Brown Act prevents any more than two Councilmembers there. He has attended and found it could produce great innovative ideas, but agreed that some town hall meetings may be in order, even to educate our citizens further on how local government works. Mayor Pro Tem Chavez said he was looking forward to Parks and Recreation's Dining Under the Stars event on Thursday. E. MAYOR VIZCARRA Mayor Vizcarra mentioned he has received concerns regarding the Brown Bag Lunch. Councilmember Blum stated that Chamber President Brian Venerable had initiated the idea to go to lunch every Wednesday in the park. Councilmember Sternquist had brought up a similar idea some time back of doing an evening function and was going to look into who might be interested among residents and business people. Council continued to discuss the issue of holding informal meetings with residents. City Attorney Vail clarified that if three or more Councilmembers meet, it requires a noticed meeting with agenda posted at least 72 hours in advance and containing a general description of items. Council could not City Council Minutes August 17, 2010 Page 9 take formai action but could have general dialogue about residents' concerns. Council discussed various venues of soliciting residents' input through town hall meetings, website responses, etc. City Attorney Vail suggested asking residents to submit topics of interest by email or other means, collecting them for Council to choose the most popular issues, and then post the agenda to discuss those issues. An informal agendized meeting could be held where individual ideas were expressed but no formal action was taken. 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER BLUM — None B. COUNCILMEMBER STERNQUIST - $6.00 (Reimbursement to City for advances given for California Contract Cities Association 9CCCA) Annual Conference) C. COUNCILMEMBER YU — None D. MAYOR PRO TEM CHAVEZ — None E. MAYOR VIZCARRA — None 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke, Temple City resident, said it was suggested at one of the Council meetings if it was possible to add questions and answers to the agenda. She liked the idea of selecting 5-8 questions in advance that Council could address and that would not make the meeting too lengthy. She also commented that the June 22 special meeting was very well put together and thought this kind of meeting, even quarterly, would be nice. She mentioned the last Council meeting attended by Gary Flod, Assistant to the City Manager, and an employee for over 20 years with the City. She said she was able to say goodbye to him and knew that his co-workers were able to show him the respect he deserved, but she hoped that the City did acknowledge him in some way. He was a good employee and she hoped he enjoyed his retirement. Das Sheenh, Temple City resident, asked if a meeting of Council and the public could be held in a casual atmosphere where residents could meet the Council and ask questions. City Council Minutes August 17, 2010 Page 10 Mayor Vizcarra responded that if more than two Councilrnembers were present, it would still have to adhere to the prescriptions of the Brown Act. City Manager Pulido suggested that in some cities, the Council has office hours, which provides a different conduit for residents to meet with Council. 19. CLOSED SESSION -- None 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 8:31 p.m. Mayor ATTEST: City Clerk