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HomeMy Public PortalAbout7A CCM 2011-03-01AGENDA ITEM 7.A. CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES MARCH 1, 2011 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: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None City Manager Pulido, City Attorney Vail, Parks & Recreation Director Burroughs, City Clerk Flandrick, Community Development Manager Lambert, Financial Services Manager Molina, Public Safety Officer Ariizumi 3. INVOCATION Temple City Businessman Jerry Jambazian presented the Invocation. 4. PLEDGE OF ALLEGIANCE Public Safety Commissioner Jim Cliff led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS — PRESENTATIONS A. ARBOR DAY PROCLAMATION Rob Cruse, the City's Certified Arborist, received a proclamation from Mayor Vizcarra proclaiming March 11, 2011 as Arbor Day in the City of Temple City. PROCLAMATION — SAFE COMMUNITIES MONTH Lieutenant Stacy Morgan, Temple Station, received a proclamation from Mayor Vizcarra proclaiming the month of March as Safe Communities Month in the City of Temple City. Lieutenant Morgan also announced various activities that would take place during the month. City Council Minutes March 1, 2011 Page 2 B. RECOGNITION OF ARBOR DAY POSTER CONTEST WINNERS Frances Manzo-Pimentel, Parks & Recreation Coordinator, announced the winners of the Arbor Day Poster Contest and Mayor Vizcarra and the City Council presented each of the following winners with a Certificate of Recognition. 3rd Grade Winners: Elian Gomez — Longden School; Ellian Zellien — La Rosa School; Briavna Mitts — Cleminson School; and Cady Ngo — Emperor School 4th Grade Winners: Michelle Loriany — Emperor School; Jackie Charre — Cloverly School; and Ayala Plummer — Longden School 5th Grade Winners: Kevin Ngo — Emperor School; Darnell Sprat — Cloverly School; and Jovanti Gado — Longden School. ORDER OF AGENDA CHANGED Mayor Vizcarra announced that the City Council would recess at this time to Closed Session for the purposes as listed below and recess again at the end of the agenda for the remainder of the Closed Session items. RECESS TO CLOSED SESSION At 7:43 p.m. the City Council recessed to a closed session for the purposes described below. 19. CLOSED SESSION City Council Closed Session Purpose: Potential Cases: Authority: Representatives: RECONVENE Anticipated Litigation Two (2) Government Code Section 54956.9(b) City Manager, City Attorney The City Council meeting reconvened at 8:43 p.m. with all Councilmembers present. City Council Minutes March 1, 2011 Page 3 CLOSED SESSION STATEMENT City Attorney Vail stated that Council met in closed session with regard to the two items of anticipated litigation and there was no reportable action. The final matter under closed session would be considered at the conclusion of the agenda. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Lou Barilla, Temple City resident, said he lived near the high school and spoke of concerns regarding traffic and parking on his street, in the vicinity of Lemon and Trelawney. Drivers also block neighborhood driveways. He felt this is an extremely dangerous situation as cars are dropping off and picking up students from school in an unsafe manner, and asked that something be done about this situation soon. Brandon Kovacic, Temple City resident, complained of a similar traffic situation around Oak and Longden in particular. Parents do not follow the street signs and complete illegal maneuvers creating a dangerous situation. He also felt that the sings are not properly installed according to state guidelines and are of varying heights. He suggested increased enforcement as a deterrent. In response to Mayor Pro Tem Chavez, Mr. Kovacic indicated he had not brought this issue before the School District Board, but had talked to teachers and crossing guards about it. Starene Cruse, Temple City resident, asked about the organization chart that was on the website with staff titles and pay, and wondered if it had been taken down to be updated. She did ask that this be available for transparency for the citizens, but would like the chart to include all positions. Linda Payne, Chamber of Commerce President, read a letter from the Historical Society, giving a brief history of the organization, and submitting a formal request for the City's public address system when a new system is purchased by the City. 7. CONSENT CALENDAR Mayor Vizcarra stated that a member of the public wished to speak on Item K of the Consent Calendar. Councilmember Blum moved to approve the Consent Calendar, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember-None City Council Minutes March 1, 2011 Page 4 ABSENT: Councilmember-None ABSTAIN: Councilmember-None A. APPROVAL OF MINUTES Approved as presented: 1) Minutes of the Regular Meeting of February 15, 2011; and 2) Minutes of the Special Meeting of February 23, 2011. B. PLANNING COMMISSION ACTIONS — MEETING OF FEBRUARY 8, 2011 Received and filed the Planning Commission actions of their meeting of February 8, 2011. C. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF FEBRUARY 16, 2011 Received and filed the Parks and Recreation Commission actions of their meeting of February 16, 2011. D. PUBLIC SAFETY COMMISSION ACTIONS — MEETING OF FEBRUARY 9, 2011 Received and filed the Public Safety Commission actions of their meeting of February 9, 2011. E. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A STREET BANNER BY TEMPLE CITY SCHOOLS FOUNDATION Approved the request by the Temple City Schools Foundation for City staff to place and remove a street banner advertising their fundraising campaign, subject to submission of proper insurance documentation. F ADOPTION OF RESOLUTION NO. 11-4728 APPROVING THE RECYCLED PRODUCTS PROCUREMENT POLICY Adopted Resolution No. 11-4728, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE RECYCLED PRODUCTS PROCUREMENT POLICY. G. ADOPTION OF RESOLUTION NO. 11-4729 APPROVING THE SUBMISSION FOR A GRANT APPLICATION FROM THE STATE BICYCLE TRANSPORTATION ACCOUNT, NOTICE OF EXEMPTION, City Council Minutes March 1, 2011 Page 5 AND ALLOCATION OF 10% OF THE PROJECT COSTS AS MATCHING FUNDS FOR CLASS II AND III BICYCLE LANES Adopted Resolution No. 11-4729 APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE STATE BICYCLE TRANSPORTATION ACCOUNT NOTICE OF EXEMPTION AND ALLOCATION OF 10% OF THE PROJECT COST AS MATCHING FUNDS FOR ROSEMEAD BOULEVARD AND CITYWIDE CLASS II AND CLASS III BIKEWAYS to: 1) Approve submission of as many as two applications for grant funds from the State Bicycle Transportation Account which is due March 18, 2011; 2) Approve the Notice of Exemption to be filed with the County of Los Angeles Recorder; and 3) Prepare for the future allocation of 10% of the total project costs as matching funds from the FY 2011-2012 Annual Budget. H. APPROVAL OF RECOMMENDED BUDGET ALLOCATIONS AND AMENDING THE FISCAL YEAR (FY) 2010-11 BUDGET TO INCLUDE FUNDS FOR THE ROSEMEAD BOULEVARD SAFETY ENHANCEMENT AND BEAUTIFICATION PROJECT 1) Reviewed and approved the recommended budget allocations from various local, state and federal sources; and 2) Amended the current FY 2010-11 Budget to include the allocations of $5,851,395 for the Rosemead Boulevard Safety Enhancement and Beautification Project. I. ADOPTION OF RESOLUTION NO. 11-4730 REVERSING THE ACTION OF THE PLANNING COMMISSION AND APPROVING ZONE VARIANCE 10-1770, A REQUEST FOR MULTIPLE ZONE VARIANCES TO CONSTRUCT A SECOND STORY ADDITION AND A NEW 2 -CAR GARAGE AT 6231 MUSCATEL AVENUE Adopted Resolution No. 11-4730, a RESOLUTION OF THE CITY COUNCIL REVERSING THE PLANNING COMMISSION'S ACTION AND APPROVING ZONE VARIANCE 10-1770: A REQUEST FOR MULTIPLE ZONE VARIANCES TO CONSTRUCT A SECOND STORY ADDITION AND A NEW 2 -CAR GARAGE AT 6231 MUSCATEL AVENUE. THE APPLICANT IS REQUESTING ZONE VARIANCES FOR THE FOLLOWING: 1) TO HAVE A COMBINED SECOND FLOOR SIDE YARD SETBACK OF 10 FEET, INSTEAD OF THE REQUIRED 15 FEET; 2) NOT HAVING AT LEAST 50 PERCENT OR MORE OF THE SECOND City Council Minutes March 1, 2011 Page 6 STORY FRONT ELEVATION SETBACK FURTHER THAN 10 FEET FROM THE FIRST STORY'S FRONT ELEVATION; AND 3) TO HAVE A HOUSE WIDTH OF 9 FEET 8 INCHES, INSTEAD OF THE REQUIRED 25 FEET. THE SUBJECT PROPERTY IS LOCATED AT 6231 MUSCATEL AVENUE AND IS DESIGNATED AS SINGLE-FAMILY RESIDENTIAL (R-1) BY THE ZONING MAP. (ZV 10-1770) (TAN) J. AUTHORIZATION TO APPLY FOR GRANT FUNDS THROUGH THE NATIONAL ENDOWMENT FOR THE ARTS FOR VISUAL ARTS AND CREATIVE SPACES INNOVATION TO COMPLEMENT THE ROSEMEAD BOULEVARD SAFETY ENHANCEMENTS AND BEAUTIFICATION PROJECT Authorized the City Manager to submit a Statement of Interest and grant application to the National Endowment for the Arts through www.grants.gov for visual arts and creative spaces innovation to complement the Rosemead Boulevard Safety Enhancements and Beautification Project. L. PETTY CASH REPORT Received and filed the Petty Cash Report. M. ADOPTION OF RESOLUTION NO. 11 -4726 —APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 11-4726, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $303,399.88 DEMAND NOS. 31292 THROUGH 31384. K. CONSIDERATION OF PROPOSED RESOLUTION NO. 11-4732 CONFIRMING APPOINTMENT TO THE PARKS AND RECREATION COMMISSION The City Council was requested to accept the selection committee's recommendation and adopt proposed Resolution No. 11-4732 confirming appointment of Pam Vigil to the Parks and Recreation Commission with a term of office ending June 30, 2012. Peggy Miller, Temple City resident, spoke of her concerns of Commission member appointments as it appeared to her that a number of appointments were filled by residents or members of St. Luke Parish. She firmly believed in the appointment process and in the past Council has decided to run advertisements to get a fair amount of applicants and to City Council Minutes March 1, 2011 Page 7 convey an air of transparency. She felt, in all fairness, the application process should be open to all members of the community. Mayor Vizcarra stated that all of the commission openings have been open to all members of the community. Councilmember Sternquist responded that there is nothing on the application to indicate where a person goes to church. She did not know any of the applicants or where they went to worship. The City does not ask that question. Councilmember Yu moved to adopt Resolution No. 11-4732, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING APPOINTMENT TO THE PARKS AND RECREATION COMMISSION, seconded by Councilmember Blum 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 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. PUBLIC HEARING: APPEAL OF A PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 10-1775 — A REQUEST TO LEGALIZE A HALF BATHROOM IN A DETACHED ACCESSORY STRUCTURE (STORAGE ROOM) AT 9519 LOWER AZUSA ROAD Community Development Manager Lambert reviewed his staff report, stating in November of 2009, the applicant received a Code Compliance Notice from a Code enforcement Officer for converting a 358 square foot storage room into living area. During a site inspection the Officer observed a bathroom, bedroom dining area and kitchen in the storage structure. In addition, laundry hookups were installed on the exterior wall of the storage structure without permits, and an unpermitted patio cover attached to the storage structure. On November 29, 2010, the property owner applied for a Conditional Use Permit (CUP) to retain the plumbing (half bathroom) in the detached accessory structure. The Planning Commission conducted a public hearing on January 11, 2011 and adopted a resolution denying the CUP. City Council Minutes March 1, 2011 Page 8 The two dwellings on the site were originally legally constructed in 1942 and the property is now zoned R-1, therefore considered legal non- conforming. In 1990, a two-story addition and two -car garage were added to 9521 Lower Azusa Road (front house). As a result, the existing two -car garage for 9521 Lower Azusa Road was converted into a storage room. Community Development Manager Lambert provided details of the site and improvements and pictures taken during the inspection and of the property via a power point presentation. He also provided background information regarding approval of a CUP amendment addressing the issue of detached accessory structures from being converted into illegal living units. The owner has recorded a covenant that states the storage structure would not be used as a dwelling unit. The applicant stated in their appeal letter that they are requesting to keep the half bathroom for their hobby room/gym/computer room for convenience. Mayor Vizcarra opened the public hearing. Wei Zhu, applicant, said she has owned the property since 2007 and the small unit was already there. She received a letter in February 2009 saying she had an illegal unit but no one came to do an inspection. She finished the work requested and went back to the Planning Department, but they still did not come back to inspect. She stated this is not an illegal unit, but the Planning Commission felt if she were allowed to retain the half bath, it would still allow the opportunity to convert back to an illegal unit. She filed the appeal to request to be allowed to have her hobby room there. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Councilmember Blum stated that Council many times hear that people buy property and don't check out legal requirements, and then come back after the fact. This property is zoned R-1 and has two existing homes on the property already. This is a storage room and not far from other parts of the house, so he would agree with the denial. In response to Mayor Pro Tem Chavez, Community Development Manager Lambert stated the City prepared the covenant setting forth all conditions and the applicant recorded it, then applied for a CUP. If approved by Council, a new covenant would be recorded overriding the previous one. Mayor Pro Tem Chavez agreed with Councilmember Blum that many property owners do not perform due diligence to check on these things and then come back after the fact. This is clearly a storage facility and he City Council Minutes March t 2011 Page 9 agreed the half bath was not necessary. He agreed with denying the appeal. Councilmember Sternquist stated the intention of a storage building is for storage. Allowing a half bath provides the potential to rent the unit again. She did not see the necessity of having a half bath in a storage room because it is more convenient. More and more properties in the City have illegal conversions and at some point Council is going to have to look at these. There is a need for affordable housing in the City and that is the reason for so many illegal conversions. She would deny the request. Councilmember Yu said he could understand the owner's point of view, but it is an R-1 lot with two houses. It is hard to make the findings to add a potential third dwelling to an R-1 property. In this particular case, there are already two dwellings and it would have an adverse affect on the neighborhood. He would agree to deny the request. Councilmember Blum moved to uphold the Planning Commission's decision and adopt Resolution No. 11-4731, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION'S ACTION AND DENYING A REQUEST FOR A CONDITIONAL USE PERMIT (CUP 10-1775) TO RETAIN A HALF BATHROOM IN A 358 SQUARE FOOT DETACHED ACCESSORY STRUCTURE (STORAGE ROOM) LOCATED AT 9519 AND 9521 LOWER AZUSA ROAD. THE SUBJECT PROPERTY IS DESIGNATED AS SINGLE-FAMILY RESIDENTIAL (R-1) BY THE ZONING MAP. (CUP 10-1775) (ZHU/AMPB), seconded by Councilmember Sternquist and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member -Blum, Sternquist, Yu, Chavez, Vizcarra Member -None Member -None Member -None B. PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 11-4727 APPROVING TENTATIVE TRACT MAP 71205 AND CONDITIONAL USE PERMIT 10-1762 FOR THE CONSTRUCTION OF SIX (6) CONDOMINIUMS AT 5535 SANTA ANITA AVENUE (SUN HOMELAND INC/BENJAMIN ZHU) Community Development Manager Lambert reviewed his staff report, stating this application is to allow the development of a residential condominium project consisting of six dwelling units for property situated in the multiple -family residential (R-2) zone. On February 8, 2011, the Planning Commission conducted a Public Hearing and adopted a resolution recommending approval of this project. The subject property is City Council Minutes March 1, 2011 Page 10 26,610 square feet in area and the site is currently improved with a total of five dwellings with a total floor area of 4,647 square feet. To develop this property, the applicant will demolish all of the existing structures on the site. The subject site is of sufficient size to accommodate the proposed six dwelling units and will provide adequate off-street vehicle parking. The total building area is 13,270 square feet and the proposed Floor Area Ratio (FAR) is 49%, slightly lower than the 50% maximum allowed by the Zoning Code. Staff worked with the project architect through the Site Plan Review process to achieve the best possible design. The proposed project is consistent with its land use designation and the development standards set forth by the Zoning Code. It does comply with the amended R-2 regulations and design review standards that were adopted in 2005. Staff recommended adoption of a Negative Declaration and approval of Tentative Tract Map 71205 and Conditional Use Permit 10-1762, based upon the findings and subject to the conditions in the draft resolution. The Council viewed a short visual presentation of the site and proposed project. Mayor Vizcarra opened the public hearing. Benjamin Zhu, project engineer representing the applicant, stated the size of each unit includes the 2 -car garage plus the living space, and offered to answer any questions of Council. Hearing no further requests to speak, either for or against this item, the public hearing was closed. The City Council concurred with the Planning Commission's decision of support for the project. Councilmember Yu moved to adopt Resolution No. 11-4727, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT MAP 71205 AND CONDITIONAL USE PERMIT 10-1762 TO ALLOW THE DEVELOPMENT OF A RESIDENTIAL CONDOMINIUM PROJECT WITH SIX (6) UNITS FOR THE PROPERTY LOCATED AT 5535 SANTA ANITA AVENUE (SUN HOMELAND INC./BENJAMIN ZHU), seconded by Councilmember Sternquist 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 March 1, 2011 Page 11 C. PUBLIC HEARING: INTRODUCTION OF ORDINANCE NO. 11-942 — CONSIDERATION OF CHANGES TO THE ZONING CODE ADDING SECTION 9459 TO ARTICLE T OF CHAPTER 1 OF TITLE 9 OF THE TEMPLE CITY MUNICIPAL CODE PROHIBITING THE ESTABLISHING AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY Community Development Manager Lambert stated on February 22, 2011, the Planning Commission adopted a resolution recommending the Council adopt an ordinance prohibiting medical marijuana dispensaries in Temple City. On April 21, 2009, the City Council adopted an urgency ordinance establishing an interim urgency ordinance prohibiting Medical Marijuana Dispensary businesses for a period of forty-five days. On June 2, 2009, an ordinance was adopted extending the moratorium for an additional ten months and fifteen days. On April 6, 2010, the Council adopted Ordinance No. 10-933U to extend the moratorium an additional year, expiring on April 21, 2011. Since the adoption of the initial moratorium prohibiting medical marijuana dispensaries, the City Council continued to extend the moratorium and has consistently supported the prohibition of dispensaries in the City and in nearby jurisdictions. Due to the scheduled expiration of the moratorium, it is necessary for the City to adopt a permanent ordinance regulating medical marijuana dispensaries in the City. If the ordinance does not go into effect by April 21, 2011, there would be a lapse in regulations regarding medical marijuana dispensaries until that ordinance goes into effect. The proposed ordinance would prohibit all commercial medical marijuana dispensaries, consistent with the existing moratorium on such uses. For purposes of regulating medical marijuana, the ordinance defines a Medical Marijuana Dispensary as: any business, facility, use establishment or location, whether fixed or mobile, where Medical Marijuana is made available to, delivered to and/or distributed by or to three or more of the following: a "primary caregiver," "a qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code section 11362. Although the ordinance would prohibit dispensaries, it would not prohibit qualified individuals with a physician's recommendation from procuring their own medical marijuana within a private residence, in accordance with State law. The ordinance was crafted to prohibit medical marijuana dispensaries, but not infringe on the rights of qualified individuals to obtain medical marijuana. As stated above, the ordinance defines a Medical Marijuana Dispensary as: any business, facility, use, establishment or location, whether fixed or mobile, where Medical Marijuana is made City Council Minutes March 1, 2011 Page 12 available to, delivered to and/or distributed by or to three or more of the following: a "primary caregiver," "a qualified patient," or a person with an "identification card." Mayor Vizcarra opened the public hearing. Hearing no requests to speak, either for or against this item, the public hearing was closed. The City Council voiced support of the ordinance and City Attorney Vail responded to Council's questions regarding cases involving appeals of these types of ordinances. At the request of Council, City Clerk Flandrick read the title of proposed Ordinance No. 11-942. Mayor Pro Tem Chavez moved to waive further reading and adopt Ordinance No. 11-942, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING SECTION 9459 TO ARTICLE T OF CHAPTER 1 OF TITLE 9 OF THE TEMPLE CITY MUNICIPAL CODE PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY, seconded by Councilmember Blum 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 D. INTRODUCTION OF ORDINANCE NO. 11-943 — AMENDMENT TO FIREWORKS PERMIT PROCEDURE City Attorney Vail stated at the January 18, 2011 meeting, the Council directed staff to bring back changes to the existing fireworks permit approval process to make it more open and accessible. The proposed ordinance keeps the limit of twelve permits in place, as in the current policy, but eliminates the language saying that leftover permits would be distributed on a first come, first served basis. The proposed ordinance replaces that language saying that permits would be distributed by lottery for any open space(s). At the request of Council City Clerk Flandrick read the title of Ordinance No. 11-943. City Council Minutes March 1 2011 Page 13 Mayor Pro Tem Chavez moved to waive further reading and introduce on first reading Ordinance No. 11-943, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING SECTION 3114C OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO FIREWORKS PERMITS, seconded by Councilmember Blum 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 E. FISCAL YEAR (FY) 2010-11 MID -YEAR BUDGET REVIEW Financial Services Manager Molina presented the Mid -Year Budget Review via a power point presentation. The significant General Fund revenues were reviewed with an overview of the recommended changes. Also presented were General Fund expenses, Capital Improvement Projects and the Community Redevelopment Agency programs. Staff recommended the City Council approve the mid -year adjustments which would increase the General Fund estimated Fund Balance by an additional $156,800. The projected General Fund Balance as of June 30, 2011 will be $21,207.272. Councilmember Blum moved to receive and file the Fiscal Year 2010-11 Mid -Year Budget Review report, seconded by Mayor Pro Tem Chavez 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 10. COMMUNICATIONS A. CHAMBER OF COMMERCE UPDATE This monthly report will now be presented as a written report at the second City Council meeting of the month. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 10:07 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 March 1, 2011 Page 14 RECONVENE AS CITY COUNCIL The City Council Meeting was reconvened at 10:10 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 The City Council reported on recent meetings of the Rosemead Boulevard Improvement Project Ad Hoc Committee, Communications Ad Hoc Committee, Public Art Advisory Group Ad Hoc Committee, School District/City Ad Hoc Committee, and San Gabriel Valley Council of Governments. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM Councilmember Blum complimented everyone involved with the Camellia Festival for their hard work. B. COUNCILMEMBER STERNQUIST Councilmember Sternquist agreed the Camellia Festival was a wonderful event and she acknowledged staff and all who had a part in support of this great event. C. COUNCILMEMBER YU Councilmember Yu spoke of items approved on the Consent Calendar — the Endowment for Arts Grant for the beautification of Rosemead Boulevard, and the Bicycle Transportation Grants which will put Temple City on the cutting edge of sustainability. Also, the Recycled Products Procurement Policy was passed giving the City the ability to request vendors who conform to the grant requirements of Cal Recycle and help the City to be socially responsibly. He also urged everyone to vote on March 8th City Council Minutes March 1, 2011 Page 15 D. MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez echoed his colleagues recognition of efforts put forward on the Camellia Festival which is a highlight of our City and was very well attended. Also, through Mayor Vizcarra's efforts, he reminded everyone of the Farmer's Market beginning on March 13th from 8:30 a.m. to 12:30 p.m. E. MAYOR VIZCARRA Mayor Vizcarra said he was gratified to see such a crowd on the parade route this weekend. He also spoke of his attendance, along with Mayor Pro Tem Chavez and Councilmember Sternquist, at the Baptist Church on Golden West, in recognition of the Pastor being elevated to Bishop. 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS — None 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke, Temple City resident, spoke her concerns with the work being done on her street by Golden State Water Company. 19. CLOSED SESSION (continued) City Attorney Vail requested the Council to add an item to Closed Session that arose subsequent to the posting of the agenda regarding the City of Brisbane versus the State Board of Equalization, a mass appeal case that Council will be asked to take action on. Councilmember Blum moved to add this item to the closed session agenda as a subsequent need item, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: Member -Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Member -None ABSENT: Member -None ABSTAIN: Member -None At 10:32 p.m., the City Council recessed to closed session for the purposes stated below. City Council Minutes March 1, 2011 Page 16 City Council Closed Session Purpose: Authorization to Intervene regarding the retention of Counsel in the case of City of Brisbane, et al., v. The California State Board of Equalization Joint Closed Session with the Community Redevelopment Agency Purpose: Existing Litigation Cases: One (1) Case Name: Los Angeles Community College District v. Los Angeles County et al. Authority: Government Code Section 54956.9(a) Representatives: City Manager, City Attorney RECONVENE The City Council reconvened at 10:55 p.m. with all Councilmembers present. CLOSED SESSION STATEMENT City Attorney Vail stated the City Council gave direction to its legal counsel to intervene in the case of Brisbane vs. the Board of Equalization as part of a large group of Cities compiled by HdL Companies to be represented by the law firm of Wendel, Rosen, Black & Dean LLP; and in regard to the case of existing litigation, the City Council and Community Redevelopment Agency authorized its legal counsel to file a responsive pleading. 20. ADJOURNMENT The City Council Regular Meeting was adjoumed at 10:56 p.m. Mayor ATTEST: City Clerk