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ITEM 7.A-1.
CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
OCTOBER 19, 2010
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: Councilmember-Blum, Sternquist, Yu, Chavez
ABSENT: Councilmember-Vizcarra
ALSO PRESENT: 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 Tjinq & 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.
City Council Minutes
October 19, 2010
Page 2
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.
Susan Schlaeger, Temple City Library Manager, announced various programs at
the Library during the month of November.
7 CONSENT CALENDAR
Councilmember Blum removed Item 1 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.
City Council Minutes
October 19, 2010
Page 3
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;
2) 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.
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.
City Council Minutes
October 19, 2010
Page 4
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 does have rubber surfacing over the entire playground
that does make it accessible for all, and most 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.
1. 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
City Council Minutes
October 19, 2010
Page 5
proposal to legalize marijuana under 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;
City Council Minutes
October 19, 2010
Page 6
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:
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;
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
City Council Minutes
October 19, 2010
Page 7
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 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.
City Council Minutes
October 19, 2010
Page 8
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)
City Council Minutes
October 19, 2010
Page 9
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.
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.
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
City Council Minutes
October 19, 2010
Page 10
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
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
City Council Minutes
October 19, 2010
Page 11
$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.
Mayor Pro Tem
ATTEST:
City Clerk