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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
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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.;
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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