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HomeMy Public PortalAbout7A1AGENDA ITEM 7.A-1. CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES NOVEMBER 16, 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: ABSENT: ALSO PRESENT: 3. INVOCATION Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Acting City Manager/Parks and Recreation Director Burroughs, City Attorney Vail, City Clerk Flandrick, Community Development Manager Lambert, Financial Services Manager Molina, Public Safety Officer Ariizumi Bishop Jeff Combe, Church of Jesus Christ Latter Day Saints, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Parks and Recreation Commissioner Dan Arrighi led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS — PRESENTATIONS A. RECOGNITION -- SERGEANT TONY OSTERMAN Mayor Vizcarra and the City Council presented a Certificate of Recognition to Sergeant Tony Osterman, former Temple City Liaison to the City, for his many years of dedication and service to the citizens of Temple City. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Susan Schlaeger, Temple City Library Manager, reported upcoming programs at the Library. Dan Dabek, Director of C.I.C.L.E., a Los Angeles based bicycle non-profit organization, said it was brought to his attention that the City was interested in a bicycle plan and safe routes to school program, and offered his organization's City Council Minutes November 16, 2010 Page 2 assistance. The organization has worked with other cities in getting people involved in bicycle routes as transportation and helping cities be more bike friendly. Carol Daugherty, Temple City resident representing First United Methodist Church, thanked the City and the City Council for its support of their 100 years celebration. She presented a token souvenir book and ribbon to the Council. 7. CONSENT CALENDAR Mayor Vizcarra pulled Item G from the Consent Calendar for public comment. Councilmember Blum pulled Item I and Councilmember Yu pulled Item C from the Consent Calendar. Mayor Pro Tem Chavez moved to approve the remainder of the Consent Calendar, seconded by Councilmember Blum 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 A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of November 2, 2010, as presented. B. PLANNING COMMISSION ACTIONS — MEETING OF OCTOBER 26, 2010 Received and filed the Planning Commission actions of their meeting of October 26, 2010. D. ACCEPTANCE OF WORK AND APPROVAL OF FINAL PAYMENT TO HEISLER LANDSCAPE GENERAL ENGINEERING INC. FOR WORK PREFORMED ON THE LIVE OAK PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT 1) Accepted the work performed by Heisler Landscape General Engineering Inc. on the Live Oak Park Playground Equipment Replacement Project (P10-04); 2) Approved final payment, in the amount of $6,865, to Heisler Landscape General Engineering Inc.; City Council Minutes November 16, 2010 Page 3 3) Authorized the City Clerk to file the Notice of Completion; and 4) Authorized release of the 10% retention, in the amount of $3,147.74, at the end of the 35 -day lien period. E. FIRST QUARTER TREASURER'S REPORT, REVENUE AND EXPENDITURE SUMMARY REPORTS AND CAPITAL IMPROVEMENT FINANCIAL REPORT Received and filed the First Quarter City Treasurer's Report, Revenue and Expenditure Summary Reports and the Capital Improvement Financial Report. F. FIRST QUARTER BUDGET AMENDMENTS Approved the first quarter budget amendments and amended the adopted budget accordingly. H. ADOPTION OF RESOLUTION NO. 10-4708 — IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY Adopted Resolution No. 10-4708, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY. J. PETTY CASH AND VISA CARD REPORTS Received and filed the Petty Cash and Visa Card Reports. K. ADOPTION OF RESOLUTION NO. 10-4710 CASTING VOTES FOR COUNCILMEMBER MARGARET CLARK OF THE CITY OF ROSEMEAD TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Adopted Resolution No. 10-4710 a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CASTING ITS VOTES FOR COUNCILMEMBER MARGARET CLARK OF THE CITY OF ROSEMEAD, CALIFORNIA, TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY. City Council Minutes November 16, 2010 Page 4 L. ADOPTION OF RESOLUTION NO. 10-4709 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 10-4709, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $526,121.16 DEMAND NOS. 30624 THROUGH 30722. C. CONSIDERATION OF RESOLUTION NO. 10-4707 DESIGNATING CITY HOLIDAYS FOR FISCAL YEAR 2011-2012 The City Council was requested to adopt Resolution No. 10-4707 designating the City's 12 holidays for fiscal year 2011-2012. Councilmember Yu suggested this item be tabled to allow time to get some questions answered from staff. Council concurred to continue this item to the next meeting. G. PROFESSIONAL SERVICES AGREEMENT WITH GRAFFITI CONTROL SYSTEMS FOR GRAFFITI REMOVAL AND SIDEWALK POWER WASHING SERVICES The City Council was requested to review and approve the Professional Services Agreement with Graffiti Control Systems for graffiti removal and sidewalk power washing services and authorize the City Manager to execute the agreement. Jerry Jambazian, Temple City businessman, questioned how promptly graffiti would be removed once reported and how high up a building would this new company go to remove graffiti. Public Safety Officer Ariizumi stated part of the Request for Proposals (RFP) included removing graffiti from second story structures. Jeff Woods, General Manager of Graffiti Control Systems, provided background information on his company and stated the typical turn -around time is one day. The company has a 24 -hour number and an email address, and will patrol and survey in addition to singular abatement. He also explained about the "Taggers" system designed to take pictures of graffiti to include in the Sheriffs data base and also a public data base. Public Safety Officer Ariizumi stated the contract also calls for pressure washing the sidewalks in the commercial area, following all National Pollutant Discharge Elimination System (NPDES) regulations to keep water away from storm drains. City Council Minutes November 16, 2010 Page 5 Councilmember Blum suggested that reporting also include receiving text messages in addition to email and that private property approval forms be submitted electronically. Public Safety Officer Ariizumi indicated that either the property owner, business owner or resident can give approval. A link to Graffiti Control Systems can be put on the City's website and a message on the City's phone recording indicating contact information for the contractor. Councilmember Sternquist stated she had talked to the City Manager about upgrading City software, and there are applications we could look at to use via cell phones to report graffiti and any liability to the City easily. Mr. Jambazian also suggested sending out a release form with all of the business license renewals. Public Safety Officer Ariizumi indicated that was already in the process and a waiver would be sent to all business owners with their license renewals. Councilmember Blum moved to: 1) approve the Professional Services Agreement with Graffiti Control Systems for graffiti removal and sidewalk power washing services; and 2) authorize the City Manager to execute the Professional Services Agreement with Graffiti Control Systems, 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 I. PROFESSIONAL SERVICES AGREEMENT WITH HISTORIC RESOURCES GROUP FOR PREPARATION OF A HISTORICAL RESOURCES SURVEY The City Council was requested to review and approve the Professional Services Agreement with Historic Resources Group to prepare a Historical Resources Survey and authorize the City Manager to execute the agreement. Councilmember Blum said he was in favor of approving this agreement, but just wanted to ensure that the Historical Society members be involved City Council Minutes November 16, 2010 Page 6 in this and working with the City so we are not going in separate directions. City Manager Pulido confirmed that the Historical Society would be involved. Councilmember Blum moved to: 1) approve the Professional Services Agreement with Historic Resources Group to prepare a Historical Resources Survey; 2) authorize the City Manager to execute the Professional Services Agreement with Historic Resources Group; and 3) approve a Budget Amendment in the amount of $45,000 to Fiscal Year (FY) 2010-2011 City Budget, seconded by Mayor Pro Tem Chavez 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. RULES OF ORDER AND PROTOCOLS With the aid of a power point presentation, City Attorney Vail reviewed the amended Protocols as recommended by the Protocols Ad Hoc Committee. Two sections in particular were highlighted: section 4.2 regarding meeting with applicants and interested persons and section 5.2.10 regarding campaign contributions. With the last revision, a Councilmember or Commission Member was prohibited from meeting with a developer or applicant or any interested person after an application had been filed unless it was part of an agendized meeting or Council had given direction to meet. At this time, it was suggested to loosen this standard to allow for members to meet with citizens at all times in the narrow scope of potential projects and place the focus on regular meetings with developers or owners of very large development projects, defined as those projects requiring a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or Conditional Use Permit for a sensitive use or a commercial or industrial use of 20,000 square feet or more. This would not apply to City Council Minutes November 16, 2010 Page 7 tenant improvement or minor modifications or small uses. A Member can meet or communicate with any person interested in a development project at any time, subject to the Brown Act. After an application for an approval or permit has been filed for a development project, a Councilmember or Commission Member would not meet with the developer or applicant or project owner, unless as part of an agendized meeting or ad hoc meeting. Regarding campaign contributions, City Attorney Vail stated the original section recognized that a candidate has the right to receive contributions, but restricted the elected member by requiring them to recuse themselves and not participate in any decision for anyone who gave them a contribution of more than $250 from any business in the City. After a number of discussions, what seemed more critical was the perception that a contractor of developer may have some control over a Councilmember or Commission Member because of a contribution. For purposes of this section, "developer" means any person or entity who is currently seeking or who has an interest in or expectation of seeking from the City a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use or an industrial or commercial use of 20,000 square feet or more. "Developer" includes agents and representatives of the developer, or where the developer is a business entity, includes all owners, principals, shareholders, partners, etc. The amount of $250 was changed to $101. A contribution of $99 has to be reported, but not from whom it was received, so it was decided to set the threshold at $101 and also a change was made from 24 months to 48 months because that would reflect the full four year term of a Councilmember. Council discussed the revisions and City Attorney Vail responded to questions, stating the intent is to place the Member above reproach, wherein they can accept a contribution, but not act on the item. They would have to exclude themselves, unless legally required to vote. Mayor Vizcarra opposed the change from $250 to $101 as it takes money to run a campaign, which only happens every four years and $250 does not get much. He felt the threshold should remain at $250. Jerry Jambazian, Temple City businessman, suggested the 20,000 square feet be clarified as to building size or lot size. City Attorney Vail said the wording could be changed to reflect 20,000 square feet of building. Councilmember Blum moved to adopt Resolution No. 10-4605 as amended , a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Minutes November 16, 2010 Page 8 TEMPLE CITY ADOPTING RULES OF ORDER AND PROTOCOLS, seconded by Councilmember Yu. City Attorney Vail requested the addition of wording to indicate an industrial or commercial use with a building area of 20,000 square feet or more. The maker and second of the motion concurred and the motion carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez NOES: Councilmember-Vizcarra ABSENT: Councilmember-None ABSTAIN: Councilmember-None 9. NEW BUSINESS — None 10. COMMUNICATIONS — None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 8:44 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 8:45 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, at a recent Rosemead Boulevard Improvement Project Ad Hoc Committee meeting, he and Councilmember Yu reviewed and evaluated the eleven proposals received for architectural design services and narrowed them down to five for interview. City Council Minutes November 16, 2010 Page 9 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM — None B. COUNCILMEMBER STERNQUIST Councilmember Sternquist said she had the opportunity to go to two new Chinese restaurants in town, and with a third restaurant opening up within 2-3 blocks of each other, questioned what the City had in place to avoid becoming overly saturated with restaurants within a short distance of each other. Community Development Manager Lambert responded that the three restaurants all would require a Conditional Use Permit (CUP) with required findings and possibly a zone variance for parking. Also, the City's Traffic Engineer requires a parking and traffic study and there is a public hearing process. Councilmember Sternquist inquired if the restaurants that currently have opened were subject to in lieu parking fees. Community Development Manager Lambert stated the in lieu parking fees have been frozen until such time as they can be reviewed, so no business is paying in lieu fees currently until the New Year when they will be reviewed. Councilmember Sternquist also asked for an update of the former Alpha Beta site. City Manager Pulido stated he has had meetings with the Olsen Company and the owners of the property who have not yet come to an agreement, but he felt there was still an opportunity where this could happen, possibly with a mixed use project. Councilmember Sternquist asked that we continue to move forward with this site. Councilmember Sternquist commended Community Development Manager Lambert and anyone who had involvement in the Habitat for Humanity project. C. COUNCILMEMBER YU — None City Council Minutes November 16, 2010 Page 10 D. MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez reminded everyone that the City Council is conducting its interviews for the Public Safety Commission this Thursday starting at 6:30 p.m. in the City Hall Conference Room. He and Mayor Vizcarra, as the Ad Hoc Committee authorized by Council to screen the eighteen applications, selected eight individuals to be interviewed by the full Council. He thanked staff for the Health Faire and Veterans Day events at Live Oak Park. They did a great job and both events were well attended. Mayor Pro Tem Chavez said the Council had requests for donations a few meetings ago from high school groups for expenses incurred for their fundraisers. He asked that both requests be agendized for the next meeting for Council's consideration. E. MAYOR VIZCARRA Mayor Vizcarra asked what business was going in at Young's Market site. Community Development Manager Lambert stated the former Suzi's Kitchen changed hands and a different restaurant, Mandarin Noodle, has opened there at Las Tunas and Primrose. Mayor Vizcarra asked the status of interviews for the key staff openings. City Manager Pulido stated interviews were held today for the Community Development position. As part of the reorganization in July, the Council created 3 positions. The first set of interviews was conducted by an outside panel and he will hold the second round of interviews. Today interviews were held for the Community Development Director position. Tomorrow will be interviews for the Assistant to the City Manager position and Thursday for the Code Enforcement Supervisor. It is hoped to have these new positions on board by mid -December. In response to Mayor Vizcarra regarding the Chambers remodel project, City Manager Pulido stated the Council Chambers Renovation Ad Hoc Committee did not reach a decision of doing a feasibility analysis, but $100,000 has been carried over in the budget to invest in some upgrades. Mayor Vizcarra requested an Ad Hoc Committee meeting be scheduled in the near future. City Council Minutes November 16, 2010 Page 11 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS A. COUNCILMEMBER BLUM - $280.95 (Reimbursement for California Joint Powers Insurance Authority Conference; and $105.08 (Reimbursement for California Contract Cities Association Conference) B. COUNCILMEMBER STERNQUIST - $73.00 (Reimbursement for California Joint Powers Insurance Authority Conference); and $65.00 (Reimbursement for California Contract Cities Association Conference) C. COUNCILMEMBER YU - $133.50 (Reimbursement for California Joint Powers Insurance Authority Conference); and $506.40 (Reimbursement for California Contract Cities Association Conference) D. MAYOR PRO TEM CHAVEZ — None E. MAYOR VIZCARRA — None 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA — None 19. CLOSED SESSION — None 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 9:04 p.m. Mayor ATTEST: City Clerk