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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
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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.
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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
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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