HomeMy Public PortalAbout7A CC MINUTES 2010-07-20CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
JULY 20, 2010
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ITEM 7.A.
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: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra
ABSENT: Councilmember-None
ALSO PRESENT: City Manager Pulido, City Attorney Vail, Parks and
Recreation Director Burroughs, City Clerk Flandrick,
Community Development Manager Lambert, Financial
Services Manager Molina, Public Safety Officer Ariizumi
3. INVOCATION
The Invocation was provided by Councilmember Sternquist.
4. PLEDGE OF ALLEGIANCE
Resident Janice Helmer led those present in the Pledge of Allegiance to the Flag.
5. CEREMONIAL MATTERS — PRESENTATIONS
A. PROCLAMATION TO TEMPLE CITY VOICE NEWSLETTER
Mayor Vizcarra presented a proclamation to Matthew Wong, founder of
the Temple City Voice and his staff in recognition of the newsletter's fourth
anniversary in providing news to the Temple City community.
6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Susan Schlaeaer, Library Manager, provided information on upcoming programs
at the Temple City Library.
Sharon and Georqe Whiooerman, Temple City residents, submitted a letter
regarding video cameras at the In -N -Out Burger which they felt invaded their
privacy as well as other upgrades the restaurant undertook without applying for
permits. After asking and receiving no response to date from the City, they
requested the City Council address this issue
City Council Minutes
July 20, 2010
Page 2
Mayor Vizcarra stated City Manager Pulido would follow up on this issue.
7. CONSENT CALENDAR
Councilmember Yu removed Item N, Councilmember Blum removed Item K, and
Mayor Pro Tem Chavez removed Item F 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 as presented:
1) Minutes of the Special Meeting of June 22, 2010:
2) Minutes of the Special Meeting of June 29, 2010;
3) Minutes of the Special Meeting of June 30, 2010; and
4) Minutes of the Regular Meeting of July 6, 2010.
B. APPROVAL OF PROGRESS PAYMENT NO. 3 TO HIRSCH &
ASSOCIATES, INC. FOR WORK PERFORMED ON THE LIVE OAK
PARK CIRCULAR PLANTER RENOVATION PROJECT
Approved progress payment No. 3. in the amount of $2,500.00, to Hirsch
& Associates, Inc. for professional architectural services performed for the
Live Oak Park Circular Planter Renovation Project (P10-03).
C. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR THE LIVE
OAK PARK PLAYGROUND EQUIPMENT REPLACEMENT PROJECT
1) Accepted the bid submitted by Heisler Landscape General
Engineering, Inc. in the amount of $25,981.80, for the Live Oak Park
Playground Equipment Replacement Project (P10-04),
2) Approved a 10% contingency ($2.598.18);
City Council Minutes
July 20, 2010
Page 3
3) Authorized the City Manager to sign the Agreement; and
4) Authorized $27,000 to be carried over from FY 2009-10 to FY 2010-11.
D. APPROVAL OF THE FY 2010-11 GATEWAY PUBLIC EMPLOYMENT
RELATIONS CONSORTIUM AGREEMENT AND INVOICE PAYMENT
Approved the FY 2010-11 Gateway Public Employment Relations
Consortium Agreement and invoice for $2,774.00, and authorized the City
Manager to sign the agreement
E. RELEASE OF A CERTIFICATE OF DEPOSIT FOR PARCEL MAP N0,
070014 FOR ROAD IMPROVEMENTS AT 6149 TEMPLE CITY
BOULEVARD
Authorized release of a Certificate of Deposit, in the amount of $22,350,
upon completion of road improvements at 6149 Temple City Boulevard.
Parcel Map No. 070014.
G. PROJECT ACCEPTANCE FOR THE NEW TRAFFIC SIGNALS ON
TEMPLE CITY BOULEVARD AND ELLIS LANE: APPROVAL OF
PROGRESS PAYMENT NO. 2 AND RELEASE OF FINAL RETENTION
PAYMENT
1) Approved progress payment No. 2 in the amount of $60,486.48 to
Freeway Electric,
2) Accepted the New Traffic Signals on Temple City Boulevard and Ellis
Lane Project as complete;
3) Authorized the City Clerk to file a Notice of Completion, and
4) Authorized release of the final retention payment, in the amount of
$11,201.20, thirty-five days after filing the Notice of Completion.
H. AWARD OF A CONSTRUCTION CONTRACT FOR THE TRAFFIC
SIGNAL UPGRADES ON TEMPLE CITY BOULEVARD AT LAS TUNAS
DRIVE AND BALDWIN AVENUE AT OLIVE STREET — CIP P09-01 AND
P09-02
1) Accepted the bid proposal submitted by Christopher Morales, Inc.. in
the amount of $119,849.00. plus a 10% contingency ($11,984.90) for a
total of $131,833.90 for the Traffic Signal Upgrades on Temple City
Boulevard at Las Tunas Drive and Baldwin Avenue at Olive Street (CIP
P09-01, P09-02); and
City Council Minutes
July 20, 2010
Page 4
2) Authorized the City Manager to execute the agreement on behalf of the
City.
PROJECT ACCEPTANCE FOR WORK PERFORMED ON THE FREER
STREET ASPHALT OVERLAY PROJECT (P09-09) AND APPROVAL OF
PROGRESS PAYMENT NO. 3 TO ELITE BOBCAT SERVICE, INC.
1) Approved progress payment No. 3, in the amount of $148,434.88, to
Elite Bobcat Service (EBS) Inc.;
2) Accepted the Freer Street Asphalt Overlay Project (P09-09) as
complete;
3) Authorized the City Clerk to file a Notice of Completion; and
4) Authorized the release of the security deposit, in the amount of
$73,911.83, held in escrow by Commerce West Bank, thirty-five days
after filing the Notice of Completion.
J. ADMINISTRATIVE POLICY NO. 3.02 — REIMBURSEMENT OF TRAVEL
AND EXPENSES FOR ELECTED AND APPOINTED OFFICIALS
Approved Administrative Policy No. 3.02 — Reimbursement of Travel and
Expenses for Elected and Appointed Officials.
L. VISA CARD REPORT
Received and filed the Visa Card Report with the current charges.
M. ADOPTION OF RESOLUTION NO. 10-4684 — APPROVAL OF PAYMENT
OF BILLS
Adopted Resolution No. 10-4684, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $586,056.47 DEMAND NOS 29730-29732,
29738-29744, 29747-29820 ($174,012.09 — FY 2009-2010) AND
DEMAND NOS. 29733-29737, 29745-29746, 29821-29844 ($4121044.38
— FY 2010-2011).
F. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE VOLUNTEER
CENTER OF SAN GABRIEL VALLEY
The City Council was requested to authorize the City Manager to enter
into an agreement in the form of a Memorandum of Understanding (MOU)
with the Volunteer Center of San Gabriel Valley (VCSGV) for use of Court
City Council Minutes
July 20, 2010
Page 5
Referred Community Service (CRCS) Program volunteers.
Mayor Pro Tem Chavez inquired what types of offenses would the City
choose or not choose as far as participants in the program, and who
would make the choice.
Public Safety Officer Ariizumi stated the choice would be made by staff
and could be as limited or as broad as desired.
Judith Angelo, President and CEO of the Program, stated the applicants
are screened very carefully for eligibility to participate in the program, and
would be placed with the City based on the City's direction as to which
offenses would be allowed. The majority of cities allow only traffic type
offenses and stay away from violent offenses.
Councilmember Yu suggested the City's policy to be to only accept
participants with traffic related misdemeanor offenses.
Mayor Pro Tem Chavez moved to authorize the City Manager to enter into
an agreement in the form of a Memorandum of Understanding (MOU) with
the Volunteer Center of San Gabriel Valley (VCSGV) for use of Court
Referred Community Service (CRCS) Program volunteers, 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
K. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT
AGREEMENT
The City Council was requested
Amendment to the City Manager's
couple of changes stemming from
2010-11 City Budget adoption.
to consider approval of the First
Employment Agreement to reflect a
the City Council's Fiscal Year (FY)
Councilmember Blum stated, at the City Manager's request, this
amendment to his agreement would implement the same changes the
Council approved for staff, that is: a 1% employee contribution to the
Public Employees Retirement System (PERS), and the same medical
reimbursement reduction. He also clarified that since the Council is
considered to also be employees, they were included in this budget action
also.
City Council Minutes
July 20, 2010
Page 6
Councilmember Blum moved to approve the First Amendment to the City
Manager's Employment Agreement to reflect a couple of changes
stemming from the City Council's Fiscal Year (FY) 2010-11 City Budget
adoption, 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
N. RESOLUTION NO. 10-4685 OF THE CITY OF TEMPLE CITY
AMENDING THE PERSONNEL RULES AND REGULATIONS, AND
APPROVING THE CLASSIFICATIONS AND SALARY RANGES FOR
THE COMMUNITY DEVELOPMENT DIRECTOR, ECONOMIC
DEVELOPMENT MANAGER/ASSISTANT TO THE CITY MANAGER,
AND CODE ENFORCEMENT SUPERVISOR POSITIONS
The City Council was requested to review and approve Resolution No. 10-
4685 amending the Personnel Rules and Regulations, and approving the
classifications and salary ranges for the Community Development
Director, Economic Development Manager/Assistant to the City Manager,
and Code Enforcement Supervisor positions.
Councilmember Yu indicated he had some questions and comments
regarding the classification descriptions. He wished to know why the
Code Enforcement Supervisor was not an "at will" position.
City Attorney Vail responded that literally all department heads and
managers are "at will", but supervisors do not fall into that category.
Councilmember Yu suggested, regarding the Community Development
Director, that plan check and permitting be included under duties and
landscape architect be included under degrees.
City Manager Pulido indicated that information could be added to the
classification.
Councilmember Yu wished to approve the job descriptions and salary
ranges for the new positions tonight, but would like Council to consider the
tiered benefit system. It could be included when these positions are
advertised.
City Attorney Vail stated the City can have the authority to create a
separate or tiered benefit system to be imposed on new hires after the
policy is adopted. The City should not interview or hire or advertise until
City Council Minutes
July 20, 2010
Page 7
this is done. The three positions could be filled under the current benefit
program and the policy could be changed at a later date.
Councilmember Yu suggested a temporary employment contract for three
months or more until the policy is complete.
City Manager Pulido thought it might be tough to recruit under those
circumstances. Throughout the budget process he understood Council
wished to fill these positions as quickly as possible to proceed with the fast
track program.
Mayor Vizcarra recommended Council move forward with the plan and
see what can be adjusted at a later date.
Councilmember Blum moved to adopt Resolution No. 10-4685, a
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING THE PERSONNEL RULES AND REGULATIONS, AND
APPROVING THE CLASSIFICATIONS AND SALARY RANGES FOR
THE COMMUNITY DEVELOPMENT DIRECTOR, ECONOMIC
DEVELOPMENT MANAGER/ASSISTANT TO THE CITY MANAGER,
AND CODE ENFORCEMENT SUPERVISOR POSITIONS, and amending
the class specifications as recommended by Councilmember Yu,
seconded by Mayor Pro Tem Chavez and carried by the following roll call
vote:
AYES:
Councilmember-Blum, Sternquist, Chavez, Vizcarra
NOES:
Councilmember-Yu
ABSENT:
Councilmember-None
ABSTAIN:
Counci[member-None
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A. REVIEW OF OPTIONS FOR PERMANENT PLACEMENT OF BRONZE
BUST OF WALTER P. TEMPLE
Parks and Recreation Director Burroughs reviewed recent Council
discussions regarding the placement of the Walter P. Temple bust.
Based on Council's direction, staff requested Hirsch and Associates, Inc.
to incorporate placement of the bust and design of the pedestal into the
Temple City Park Monument Sign Project. On May 20, staff provided
copies of the architect's design concepts to the Council for review and
input, and also to Robert Hepler, a local resident who assisted with the
coordination of the bust project. The bust has been on display in City Hall
since it was unveiled and dedicated during the 50`h anniversary
celebration. On several occasions, Josette Temple, the granddaughter of
Walter P. Temple, has expressed to staff her desire for the bust to remain
City Council Minutes
July 20, 2010
Page 8
in City Hall, as she was concerned that the bust would be vandalized at
the proposed location in the park.
Mr. Hepler provided four additional designs which staff forwarded to the
architect. At this time staff requested direction from the Council to either
keep the bust in its present location at City Hall or to permanently install
the bust at the southeast corner of Temple City Park in coordination with
the new monument sign. If so, Council is asked to review the designs
submitted by the architect and Mr. Hepler and select one option.
Council discussed the various designs and amount of donated funds for
this purpose. Director Burroughs stated estimates for incorporating the
bust into the monument sign range from $10,000 - $12,000 for very simple
designs to upwards of $20,000 - $25,000 for a plaza entryway design,
similar to the entrance to the Chamber of Commerce. The City Council
viewed the designs and discussed the design features, with preference for
option B from the architect at the southeast corner of Temple City Park.
The City Council requested staff solicit different background options from
the architect for this design choice, and return to Council
9. NEW BUSINESS
A. PUBLIC HEARING: INTRODUCTION OF ORDINANCE NO. 10-936 —
CONSIDERATION OF CHANGES TO THE ZONING CODE TO ALLOW
HEDGE HEIGHTS OVER SIX FEET TALL OUTSIDE OF THE FRONT
YARD SETBACK AREA IN RESIDENTIAL ZONES, AND TO
SPECIFICALLY DEFINE HEDGES
Community Development Manager Lambert reviewed his staff report,
stating on February 23, 2010, staff requested an interpretation from the
Planning Commission regarding hedge heights in residential zones. The
Commission directed staff to survey hedge definitions and hedge height
requirements of nearby cities This information was presented to the
Planning Commission who adopted a resolution recommending that the
City Council adopt an ordinance that would define hedges and eliminate
the hedge height requirement in the rear yard area of residential
properties.
The proposed ordinance would make two changes to the zoning code.
First, it would strike out "hedge' in section 9316: "A wall, fence or -hedge
or security gate not more than six feet in height may be located and
maintained on any part of an R zoned lot except those areas comprising
the front yard". Secondly it would add the definition of "hedge" in section
9101 to state: " Hedge: vegetation, shrubs and/or trees planted to create
a physical and/or visual barrier.
City Council Minutes
July 20, 2010
Page 9
Councilmember Yu stated, as the city is becoming denser with a lot of 2 -
story development, many people would desire to protect their privacy with
taller hedges. By amending the code, homeowners would have the ability
to have taller trees and vegetation, and it was preferable to look out at
vegetation than any kind of wall. He was in favor of the amendment
because it makes it clear what people can do.
Mayor Vizcarra felt there needs to be some reasonable limit imposed.
Mayor Pro Tem Chavez agreed with the concept but was not convinced
that the City would still have to impose some type of maximum height.
Councilmembers Sternquist and Yu felt it would be difficult to regulate and
enforce the height of plans and vegetation.
Community Development Manager Lambert noted that if the vegetation is
deemed to be unkempt, then the property owner could be cited.
Mayor Vizcarra opened the public hearing.
Frank Ruedel, Temple City resident, asked how this would affect people
with flag lots.
Community Development Manager Lambert responded that the code has
a provision for staff to make a front yard determination as some flag lot or
tiered lot properties have no street frontage so staff makes a
determination that would apply to these lots.
Mary Burke, Temple City resident, asked if mature trees in her front yard
would be subject to this ordinance.
Mayor Pro Tem Chavez stated that this ordinance is not changing front
yard regulations.
Hearing no further requests to speak, either for or against this item, the
public hearing was closed.
At the request of Council, City Clerk Flandrick read the title of Ordinance
No. 10-936.
Councilmember Blum moved to adopt the Negative Declaration. waive
further reading and introduce Ordinance No. 10-936, an ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE
TEMPLE CITY ZONING CODE TO ALLOW HEDGE HEIGHTS OVER SIX
FEET TALL OUTSIDE OF THE FRONT YARD SETBACK AREA IN
RESIDENTIAL ZONES, AND TO SPECIFICALLY DEFINE HEDGES:
City Council Minutes
July 20. 2010
Page 10
TITLE 9, CHAPTER 1, ARTICLE A, SECTION 9109: DEFINITIONS; AND
TITLE 9, CHAPTER 1, ARTICLE K, SECTION 9316, 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
10. COMMUNICATIONS — None
11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING
At 9:03 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.
RECESS TO FINANCING AUTHORITY MEETING
At 9:04 p.m., the City Council recessed to the Financing Authority Meeting.
Minutes of the Authority Meeting are set forth in full in the Authority's records.
RECONVENE AS CITY COUNCIL
The City Council Meeting was reconvened at 9:05 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 Yu reported on the Ad Hoc Committee meeting regarding the
Buxton study. He and Councilmember Sternquist met last week to begin to
compile the top twenty choices from each Councilmember. There will be more to
report after their next meeting.
Mayor Pro Tem Chavez reported that the Youth Committee Liaison, comprised of
himself, Planning Commissioner Horton and Parks and Recreation
Commissioner Arrighi, conducted interviews of ten out of the thirteen applicants
for the Youth Committee. Their recommendation to the Council is to reduce the
number of committee members as they found that eleven members makes it
difficult as far as focusing and completing projects. Unless there were any
City Council Minutes
July 20, 2010
Page 11
objections, it was recommended to reduce the Youth Committee to seven
members, whom they have selected to be introduced at a future Council meeting.
Mayor Pro Tem Chavez also reported on the third meeting of the Protocol Ad
Hoc Committee, in which he and Councilmember Blum have reached the position
where City Attorney Vail will make the latest changes and distribute to Council
next week. The goal is to have everyone review the document and provide
comments, and by the second meeting in August will discuss it at an open
hearing and adopt the set of protocols. Drafts will be distributed to
Commissioners and to the public to solicit opinions. Mayor Pro Tem Chavez
thought it important to let the public know the committee's process in going over
goals and objectives. They felt the citizens were entitled to have a fair, open,
transparent, accountable local government. They set out to create a set of
protocols to set a higher standard and to go further in creating an open
atmosphere. The protocols include how to keep openness and fairness in public
meetings, ethical decision making, efficiency and accountability, and interaction
with staff and each other. The protocols also set out enforcement guidelines and
the tools to take action.
Councilmember Blum asked the other Councilmembers when they review this
document, to see if anything has been missed.
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR
AGENDA
A. COUNCILMEMBER BLUM
1) Eaton Wash Corridor Planning Process
Councilmember Blum stated about three years ago the City formed a
number of Task Committees, including one addressing park issues.
The Council recently received notification about community planning
workshops regarding the Eaton Wash Corridor and the possibility of
funding opportunities for the City to acquire parkland. The Eaton Wash
covers over two miles in our city on the west side of town. There are
two workshops scheduled before the end of September and he
requested the Parks and Recreation Department by itself or with its
Commission to get actively involved in this process and report back to
the Council what opportunities to pursue.
B. COUNCILMEMBER STERNQUIST
Councilmember Sternquist reported on several events. She attended the
Chamber Mixer last evening and met a lot of wonderful people and
business owners who wished to hear what the public would like to see in
their businesses.
City Council Minutes
July 20, 2010
Page 12
Councilmember Sternquist and Mayor Pro Tem Chavez attended the
Sister City kickoff for the students leaving for Australia and wished them
well on behalf of the City.
Council was also invited to a luncheon with Sheriff Baca which was very
enjoyable for newly elected and appointed Councilmembers. They
enjoyed meeting with Councilmembers from other cities and were very
appreciative of the opportunity to attend.
C. COUNCILMEMBER YU
Councilmember Yu informed the members of the public that supporting
documents for agenda items are available online. By clicking on any
particular agenda item, the supporting documents will come up so you can
preview any backup information related to each item. There are also
copies of the entire agenda packet in the back of the Chambers as well
Mayor Pro Tem Chavez shared details of his recent experience on a
research vessel maintained by the Sanitation District. The Council was
invited by the District to get an overview of what happens with waste
water. He found it very interesting and will leave information on the
Sanitation District and how they operate at City Hall.
Mayor Pro Tem Chavez suggested, as brought up previously by
Councilmembers Yu and Sternquist, a public calendaring system that may
be put on the website at some point, to show the Council's calendar and
the public events and meeting they attend
E. MAYOR VIZCARRA
Mayor Vizcarra reminded everyone of the "Elvis" Concert in the Park
tomorrow.
17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT
OF CITY BUSINESS — None
18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE
AGENDA — None
19. CLOSED SESSION — None
City Council Minutes
July 20, 2010
Page 13
20. ADJOURNMENT
The City Council Regular Meeting was adjourned at 9:24 p.m
Mayor
G\��x.91N
City Clerk