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