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HomeMy Public PortalAbout7AAGENDA ITEM 7.A. CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES SEPTEMBER 7, 2010 1. CALL TO ORDER Mayor Vizcarra 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: ALSO PRESENT: 3. INVOCATION Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None 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 Reverend Frank Wang, Pastor of Bethlehem Lutheran Church, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Councilmember Yu led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS -- PRESENTATIONS A. APPOINTMENT OF YOUTH COMMITTEE MEMBERS FOR SCHOOL YEAR 2010-2011 Mayor Vizcarra presented Certificates of Appointment to the new Youth Committee Members for School Year 2010-2011, selected by the Youth Committee Liaison Members: Mayor Pro Tem Chavez, Planning Commissioner Horton and Parks and Recreation Commissioner Arrighi. The new Youth Committee Members are: Evan Huang, Audrey Lee, Yanjin Jane Li, Carly Loveland, Brian Truong, Jason Wu and Michael Zhu. B. RECOGNITION OF 50 MILE CHALLENGE PARTICIPANTS Mayor Vizcarra presented Certificates of Recognition to the participants who completed the City's 50 Mile Walk/Run Challenge. Parks and Recreation Director Burroughs announced the following participants: City Council Minutes September 7, 2010 Page 2 Alma Nelson — 52 miles, Joyynn MacDonald — 52.5 miles, Connie Miner — 58 miles, Margie Martinez — 54 miles, Richard Miu — 55 miles, Martina Miu — 55 miles, Daniel Chang — 55.5 miles, Lori Durfee — 66 miles, Lynne Kubo — 67 miles, Alexander Martinez — 77 miles, Neira Y. Granados — 81.5 miles, Bruce Rudder — 82 miles, Rosie Rudder -- 82 miles, Mary Martinez — 100.5 miles, and Hilda Quesada — 114.5 miles. PRESENTATION REGARDING ASIANS FOR MIRACLE MARROW MATCHES Heidi Chow, Miss Temple City, described her participation in this organization and Vivian Chow, Chinese Outreach & Recruitment Coordinator, Asians for Miracle Marrow Matches, presented a film and provided information on this donor program focusing on minority marrow matches. A bone marrow drive will be held in conjunction with the Health Fair held in Temple City Park in November and Ms. Chow encouraged residents to register as bone marrow donors. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Tianyi Chenq, Temple City High School Liaison to the City, stated he would relay comments between the City Council and the High School in an effort to improve communication between the school and the City. Susan Schlaeger, Temple City Library Manager, provided information on upcoming programs and events at the Library through the month of September. She informed the Council that of the 85 libraries in the County, the Temple City Library ranks number 10 in usage. 7. CONSENT CALENDAR Councilmembers Sternquist and Yu stated they would abstain from voting on Item A — Minutes of the meeting of August 17, 2010, as they were not present. Mayor Pro Tem Chavez pulled Item H for questions and Mayor Vizcarra pulled item C as requested by a member of the public. Councilmember Blum moved to approve the remainder of the Consent Calendar, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Councilmember-None Councilmember-None City Council Minutes September 7. 2010 Page 3 A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of August 17, 2010, as presented, with Councilmembers Sternquist and Yu abstaining. B. PLANNING COMMISSION ACTIONS — MEETING OF AUGUST 24, 2010 Received and filed the Planning Commission actions of their meeting of August 24, 2010. D. SERVICE AGREEMENT WITH SUNGARD PUBLIC SECTOR INC. (PENTAMATION) TO PROVIDE APPLICATION SERVICE PROVIDER (ASP) TO TEMPLE CITY'S ACCOUNTING SOFTWARE Approved the service agreement with SunGard Public Sector, Inc. to provide Application Service Provider (ASP) to the City's current accounting software. CONSULTANT SERVICES AGREEMENT WITH EDGESOFT INC. FOR AN ENTERPRISE LAND MANAGEMENT SYSTEM (ELMS) Approved an $83,000 Consultant Services Agreement with Edgesoft Inc. to develop a web -based Enterprise Land Management for Temple City that incorporates seven integrated modules: Code Enforcement; Building Permits; Planning; Business License; Public Works; Citizen Access; and Parking Permits; and authorized the City Manager to execute the Agreement. F. FIRST AMENDMENT TO RENEWAL SERVICE AGREEMENT WITH COMMUNITY MEDIA OF THE FOOTHILLS TO VIDEO RECORD CITY COUNCIL MEETINGS FOR TELEVISING TO THE COMMUNITY Approved the First Amendment to the service agreement with Community Media of the Foothills (CMF) which makes minor language and fee modifications to their recently approved agreement to video record City Council meetings for live and delayed broadcast to the community. PETTY CASH AND VISA CARD REPORTS Received and filed the Petty Cash and Visa Card Reports with the current charges. City Council Minutes September 7, 2010 Page 4 ADOPTION OF RESOLUTION NO. 10-4694 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 10-4694, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AN❑ DEMANDS IN THE SUM OF $953,286.15 DEMAND NOS. 30111 THROUGH 30233. C. RESOLUTION NO. 10-4693 — ADOPTION OF CONFLICT OF INTEREST CODE The City Council was requested to review and approve the amended Conflict of Interest Code for the City of Temple City. Linda Payne, Chamber President, asked for an explanation of the Conflict of Interest Code. City Attorney Vail responded that California law requires each city to have its own conflict of interest code. Each city can customize its code and it was recommended to adopt regulations that are already in place with the Fair Political Practices Commission through its model code. APPROVE PROGRESS PAYMENTS NOS. 1 AND 2 TO CHRISTOPHER R. MORALES, INC. FOR WORK PERFORMED ON THE TRAFFIC SIGNALS MODIFICATION PROJECT ON LONGDEN AVENUE AND ON BROADWAY AT ROSEMEAD BOULEVARD, AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT CHANGE ORDER NO. 1 The City Council was requested to approve Progress Payment No. 1 in the amount of $75,529.27 and Progress Payment No. 2 in the amount of $10,509.30 for a total amount of $86,038.57 to Christopher R. Morales, Inc. and authorize the City Manager to implement Change Order No. 1 on a Time and Materials basis in an amount not to exceed $42,618.00. Mayor Pro Tem Chavez questioned the change order that amounted to about half of the contract price and asked if the City was replacing only two poles. Pat Lang, City Traffic Engineer, responded when the project was being designed, a field review showed two poles to be replaced. Once into construction, it was found that a county pole instead of a Caltrans pole had been selected, both type poles bearing the same number, but each having different capabilities. It was determined to replace the two poles and request the contractor to do so on a time and materials basis. City Council Minutes September 7, 2010 Page 5 Mayor Pro Tem Chavez moved to approve Items C and H by: 1) Adopting Resolution No. 10-4693, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE; and 2) Approving Progress Payment No. 1 in the amount of $75,529.27 and Progress Payment No. 2 in the amount of $10,509.30 for a total amount of $86,038.57 to Christopher R. Morales, Inc. for work performed on the Traffic Signals Modification Project on Longden Avenue and on Broadway at Rosemead Boulevard, and authorized the City Manager to implement Change Order No. 1 on a Time and Materials basis in an amount not to exceed $42,618.00, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None 8. UNFINISHED BUSINESS A. SECOND READING AND ADOPTION OF ORDINANCE NO. 10-937 AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE CITY'S SYSTEM FOR PURCHASING GOODS, SERVICES AND EQUIPMENT Financial Services Manager Molina stated on August 17, 2010, the City Council conducted a public hearing to consider amending the Temple City Municipal Code relating to the City's purchasing policy. Some of the changes included: the power to use cooperative purchasing agreements and local vendor preference in purchasing goods, services and equipment. The draft ordinance was approved by the City Council and it was now recommended for second reading and adoption, At the request of Council, City Clerk Flandrick read the title of Ordinance No. 10-937. Mayor Pro Tem Chavez moved to waive further reading and adopt 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 City Council Minutes September 7, 2010 Page 6 by Councilmember Blum and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 9. NEW BUSINESS Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Councilmember-None Councilmember-None A. RESOLUTION NO. 10-4695 -- RULES OF ORDER AND PROTOCOLS An Ad Hoc Committee composed of Mayor Pro Tem Chavez and Councilmember Blum was appointed to work with the City Attorney to explore appropriate standards for the conduct of City Councilmembers and Commissioners. Based on the premise that the citizens of Temple City are entitled to have fair, open, ethical, efficient and accountable local government, the Ad Hoc Committee developed a set of Protocols to assist the City's elected and appointed officials to ensure the government of Temple City emulates these principals. It was recommended that Council adopt Resolution No, 10-4695 establishing the Rules of Order and Protocols and make them applicable to all City Councilmembers and Commissioners. City Attorney Vail reviewed the process that was used to develop the protocols and presented the proposed protocols via a power point presentation and responded to Council's questions and comments. A final draft was prepared which was posted on the City's website and circulated to the Planning and Parks and Recreation Commissions. To date there has been two comments. The requested action is to adopt a resolution which will adopt the Rules of Order and the Protocols. The Rules of Order provide how meetings should be conducted and are basically the same the City has used in the past, with the deletion of the misconduct section and the addition of the Protocols. Protocols are norms or standards and apply to the City Council and also appointed Boards and Commissions. City Attorney Vail reviewed each major section of the Protocols indicating its purpose. The intention of the Ad Hoc Committee was not to merely restate the law or existing obligations but to establish a higher standard of conduct, stressing openness and transparency. The Protocols included standards for making ethical decisions, conduct of public meetings, roles and relationships with fellow members and communications with the public, Efficiency and accountability were emphasized overall. The Protocols also contained a section dealing with violations and enforcement. City Council Minutes September 7, 2010 Page 7 The City Council discussed the proposed Protocols and concurred with several changes. The document will be reviewed and finalized by the Protocol Ad Hoc Committee for return to the City Council at a future meeting for adoption. Jeffrey Briggs, Temple City resident, commented on the Protocols and indicated it was a noble effort and was glad to see that input was solicited. Peggy Miller, Temple City resident, felt it was important that someone provide their name when making accusations or complaints. Jerry Jambazian, Temple City businessman, said he appreciated the document and asked for clarification on the term "reconsideration", and boards versus commissions. City Attorney Vail responded that under the Rules of Order, a procedure is proscribed for reconsideration of a motion passed or resolution adopted. In the City's Charter and Code, the terms board and commission are both used. In response to Mr. Jambazian, City Manger Pulido stated the City Manager is the Public Information Officer. RECESS/RECONVENE The City Council meeting was recessed at 9:34 p.m. and reconvened at 9:43 p.m. with all Councilmembers present. 10. COMMUNICATIONS A. CHAMBER OF COMMERCE MONTHLY UPDATE Linda Payne, Chamber of Commerce President/CEO, provided an update of the Chamber's recent and upcoming events and membership numbers. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 9:51 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. City Council Minutes September 7, 2010 Page 8 RECONVENE AS CITY COUNCIL The City Council Meeting was reconvened at 9:52 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 Councilmember Blum reported on attending the August 18th Contract Cities meeting at which the need for support for Prop 22 was stressed. Also, the Executive Board Members will be visiting all contract cities and are scheduled before Council in the next month. Mayor Vizcarra reported attending a recent Council of Government (COG) workshop at which goals were established and follow-up provided on previous goals. The focus of the COG is on transportation issues, but they also are studying health issues, employment and business stimulation and meeting with City Managers regularly. The COG was also very instrumental in extending the Gold Line. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM 1) City opposition to the proposed medical marijuana facility at 4332 Live Oak Avenue which is located in the Los Angeles County unincorporated area between the cities of Arcadia and Monrovia Councilmember Blum stated, as the City currently has a moratorium on medical marijuana facilities, the Council is encouraged to take a proactive position of opposition to a proposed facility at 4332 Live Oak Avenue, in a nearby unincorporated area. A public hearing regarding this matter has been set for September 13 at the County of Los Angeles. City Attorney Vail stated, depending on the level of opposition the Council wishes to take, a statement of opposition could be prepared stating this proposal is too close to our boundary and the City has an existing moratorium in place. If opposing on more substantive City Council Minutes September 7, 2010 Page 9 grounds, it would require some staff research and there may not be enough time to prepare it before the hearing. Mayor Vizcarra suggested City Manager Pulido prepare a letter to be signed by the Mayor. Councilmember Yu shared information on three newspaper articles dealing with negative effects of these facilities on the community. He felt the Council definitely needs to oppose this as it has passed a moratorium and it would be self-defeating to do all that work and then have this in our backyard. He said it would also be beneficial for Council or staff to speak on behalf of the City at the hearing. City Manager Pulido stated he would proceed with a letter indicating the Council's strong opposition for the Mayor's signature and would have staff follow up and read the letter into the record at the hearing. 2) City support for Proposition 22 which seeks to stop the State of California's raid of local governments Councilmember Blum suggested the City pass a resolution of support for Proposition 22 and requested this item be placed on the next Council agenda. 3) Creation of a City Council Ad -Hoc Committee to work on City Communications and Education Councilmember Blum stated a number of people have expressed a desire to have Council answer questions and provide feedback on various topics and suggested an Ad Hoc Committee be formed to look at how these questions could be addressed and a venue to do so. Councilmember Sternquist previously indicated her willingness to address this issue and agreed to be on this committee to encourage public participation. The meetings could be held at 6:30 p.m. in the Community Room prior to the Council meetings. Mayor Vizcarra agreed for the need for this Ad Hoc Committee and appointed Councilmember Blum and Councilmember Sternquist as Committee Members. City Council Minutes September 7, 2010 Page 10 B. COUNCILMEMBER STERNQUIST 1) Senior Programs Councilmember Sternquist noted the Parks and Recreation staff are planning a new event by combining recognition of our veterans with a free barbeque and the annual Health Fair on November 11. Councilmember Sternquist stated, in an effort to expand senior programs, she suggested initiating a senior meal program at Live Oak Park as most of our neighboring cities have done. Parks and Recreation Director Burroughs provided some background information of the Parks and Recreation Commission's review of this kind of program about ten years ago. At that time, funding was limited and there was no room available at the Community Center to be used every day of the week. Most senior meal programs are grant funded and administered through a third party. She offered to look into the possibility of using Community Development Block Grant (CDBG) funds and to try to determine if there is a need or desire within the community for senior meals, When this program was previously being considered, an informal survey indicated there was not a large response to do so. Temple City is different from other cities that have a senior meal program in that this city does not have a specific senior center, but a community center that is not used solely for senior programs. Councilmember Sternquist wished to have this issue looked into further and shared menus from other cities for Council to view. She indicated there has been interest expressed to her from the community for such a program and felt it might bring more seniors out to the park. City Manager Pulido stated staff would return with a report for Council's consideration in October. Councilmember Sternquist also mentioned the concert in the park last night was great and the highlight of concerts for her, The group gave out freebies and everyone had a great time. She congratulated Parks and Recreation Administrative Coordinator Debbie Ingram for doing such a great job in coordinating these concerts, C. COUNCILMEMBER YU — None City Council Minutes September 7, 2010 Page 11 MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez noted sometimes when the City has events participation is lacking with certain groups, and questioned if the City is doing enough to get people involved. We have a diverse community and need to do a better job at outreaching to our citizens. According to the League of California Cities, some cities are working with local clergy to advance their citizen outreach. He said he would discuss this issue further with City Manager Pulido to attempt to get more citizens involved. E. MAYOR VIZCARRA Mayor Vizcarra stated he would like to see the City Manager give a presentation every six months on the status of initiatives the City has going on. There is a lot happening and he felt a brief power point presentation of ongoing projects and what stage there are in would be informative. 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER BLUM — None B. COUNCILMEMBER STERNQUIST — None C. COUNCILMEMBER YU — None D. MAYOR PRO TEM CHAVEZ - $638.33 (Hotel — League of California Cities Annual Conference) E. MAYOR VIZCARRA - $638.33 (Hotel — League of California Cities Annual Conference) 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke, Temple City resident, said she wholeheartedly hoped the Council would send a letter strongly opposing the proposed marijuana facility mentioned earlier. She spoke of some drug problems in her neighborhood which were efficiently dealt with by the Sheriffs Department. She said she now understood why the City took over ownership of Rosemead Boulevard, as it is in such need. The streets of the city need to be cleaned and she hoped that the City would contact property owners who are responsible for keeping their sidewalks and windows clean. City Council Minutes September 7, 2010 Page 12 Jerry Jambazian, Temple City businessman, congratulated Administrative Coordinator Debbie Ingram and Parks and Recreation staff for the wonderful Concerts in the Park. No other city has as many concerts with Temple City presenting its thirteenth concert tomorrow night. He congratulated the City and the Council for funding these concerts in the budget which he estimated brought about 12,000-15,000 people into the city. 19. CLOSED SESSION — None 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 10:28 p.m. Mayor ATTEST: City Clerk