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HomeMy Public PortalAbout02) 7A1 City Council Minutes - 2014-01-071. CALL TO ORDER CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING JANUARY 7, 2014 AGENDA ITEM 7.A-1 Mayor ProTem Blum called the City Council Regular Meeting to order at 7:36p.m. in the Council Chambers located at 5938 Kauffman Avenue, Temple City. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: 3. INVOCATION Councilmember-Chavez, Vizcarra, Yu, Blum and Sternquist (arrived at 7:40 p.m.) Councilmember-None City Manager Pulido, City Attorney Vail, City Clerk Kuo, Parks and Recreation Director Burroughs, Administrative Services Director Hause, Community Development Director Persico and Planning Manager Starns Pastor David Palmer from First Methodist Church, 5957 Golden West, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Steve and Nancy Terry led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS-PRESENTATIONS A. INTRODUCTION OF EXCHANGE STUDENTS FROM AUSTRALIA Anita Aemer and Mitzi Franco, Temple City Sister City Association, introduced the seven exchange students from Australia. Mayor Sternquist and City Council presented the students with City souvenirs. B. CITIZEN'S ACADEMY GRADUATION Mayor Sternquist gave a brief introduction of Citizen's Academy. Mayor Sternquist and City Council presented the Citizen's Academy participants with certificates of recognition. City Council Minutes January 7, 2014 Page 2 of 14 C. PET OF THE MONTH Presentation was cancelled. D. CYBERCRIME, IDENTITY THEFT, AND PREVENTION Lieutenant Mark Stevens, Los Angeles County Sheriff's Department, Fraud and Cyber Crime Bureau, gave a brief presentation on cybercrime, identity theft and prevention. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Jing Li, Temple City Library Manager, announced upcoming library programs for January. Javier Hernandez, Bike SGV, spoke about the Metro Open Street Program, CicLAvia. Bike SGV is interested in holding a similar event in San Gabriel Valley on Earth Day, CicloSGVia. Councilmember Vizcarra left the meeting at 8:28 p.m. and returned at 8:32 p.m. 7. CONSENT CALENDAR Mayor Pro Tem Blum moved to approve the consent calendar, seconded by Councilmember Yu and unanimously carried. APPROVAL OF MINUTES The City Council is requested to review and approve: 1) Minutes of the City Council Special Meeting of November 21, 2013; 2) Minutes of the City Council Regular Meeting of December 3, 2013; 3) Minutes of the City Council Special Meeting of December 10, 2013; and 4) Minutes of the City Council Special Meeting of December 12, 2013. Action: Approved. A. PLANNING COMMISSION ACTIONS-MEETING OF NOVEMBER 26,2013 The City Council is requested to review the Planning Commission actions of their meeting of November 26, 2013. Action: Received and filed. City Council Minutes January 7, 2014 Page 3 of 14 B. PLANNING COMMISSION ACTIONS-MEETING OF DECEMBER 10,2013 The City Council is requested to review the Planning Commission actions of their meeting of December 10, 2013. Action: Received and filed. D. PARKS AND RECREATION COMMISSION ACTIONS -MEETING OF DECEMBER 18,2013 The City Council is requested to review the Parks and Recreation Commission actions of their meeting of December 18, 2013. Action: Received and filed. E. PUBLIC ARTS COMMISSION ACTIONS -MEETING OF DECEMBER 4, 2013 The City Council is requested to review the Public Arts Commission actions of their meeting of December 4, 2013. Action: Received and filed. F. PUBLIC SAFETY COMMISSION ACTIONS-MEETING OF DECEMBER 11, 2013 The City Council is requested to review the Public Safety Commission actions of their meeting of December 11, 2013. Action: Received and filed. G. CITY STRATEGIC PLAN UPDATE Over the past three years, the City Council has met early each year to identify the City's goals for the upcoming fiscal year. The goals identified help dictate the budget priorities and objectives included in the City's annual operating budget. As a result, staff has worked diligently toward meeting these goals and has accomplished some successes including: the Rosemead Boulevard Safety Enhancement and Beautification Project; Las Tunas Drive Beautification and Safety Enhancement Project; Gateway Project; Bicycle Master Plan; the Comprehensive Downtown Parking Strategic Plan; Traffic Calming Master Plan; the Parks and Open Master Plan; and the Olson Project. While the development of the aforementioned plans is complete, the Strategic Plan aims to create a schedule of their implementation (within the constraints of the resources available as dictated by the adopted City budget). City Council Minutes January 7, 2014 Page 4 of 14 The Strategic Plan is winding down in January 2014 in order to lead in to the kick-off to the Fiscal Year (FY) 2014-15 City Budget process (to begin January 2014) and the General Plan process (to begin February 2014). Once the Strategic Plan document is adopted, the City will use the Strategic Plan to guide its implementation of current City programs and projects as well as pursue future City programs and projects. Action: Received an update regarding the City Strategic progress. H. RELEASE OF SECURITY FOR PARCEL MAP NO. 068199 FOR STREET TREE IMPROVEMENTS AT 6306-6312 OAK AVENUE When a developer is proposing a sub-division in the City, a security deposit must be submitted to ensure that required improvements (e.g., sanitary sewer, water system, street tree, and/or road improvements) are completed in accordance with approved plans. After the improvements are completed by the developer, the City is notified by Los Angeles County Department of Public Works that the improvements have been completed, inspected, and found to be in compliance with the approved plans. The Los Angeles County Department of Public Works notified the City that the street tree improvements were waived due to insufficient space. Therefore, the City can now release the Certificate of Deposit. Action: Released the security in the amount of $1,650 for Parcel Map No. 068199. I. ACCEPTANCE OF BID AND AWARD OF CONSTRUCTION CONTRACT FOR THE LONGDEN AVENUE SEWER REPLACEMENT PROJECT (EPA GRANT ID NO. XP-OOT60601-0 AND CIP NO. P08-07) The Longden Avenue Sewer Replacement Project (Project) has been an identified need since 2008 when the Sewer Master Plan was completed. However, the Project was delayed pending the Rosemead Boulevard redesign. The Rosemead Boulevard Project is proceeding on schedule and the Longden Sewer Replacement Project is being coordinated with the Rosemead Boulevard construction. The Project will replace approximately 1,725 linear feet of sewer line located on Longden Avenue between Encinitas Avenue and Rosemead Boulevard. The Longden sewer line is at capacity, and the unincorporated area to the north is adding an extra load on the already undersized lines. The City's sewer collection system is beyond its life expectancy and may be operating with structural damage. The project will address these concerns and help prevent groundwater contamination in order to continue protecting public health. City Council Minutes January 7, 2014 Page 5 of 14 The City Council's acceptance of the bid submitted by PALP Inc. (DBA, Excel Paving Company) will ensure that construction of the project is completed by the end of March 2014. Action: 1) Accepted the bid submitted by PALP Inc. (DBA Excel Paving Company) (Attachment "A") for the Longden Avenue Sewer Replacement Project (EPA Grant ID No. XP-OOT60601-0 and CIP No. P08-07); and 2) Authorized the City Manager to execute a Standard Public Works Construction Contract (Attachment "B") with PALP Inc. (DBA Excel Paving Company) in an amount not to exceed $407,771. J. PETTY CASH AND VISA CARD REPORT The City Council is requested to review, receive and file the Petty Cash and Visa Card Report. Action: Received and filed. K. ADOPTION OF RESOLUTION NO. 14-4963 APPROVAL OF PAYMENT OF BILLS The City Council is requested to adopt Resolution No. 14-4963 authorizing the payment of bills. Action: Adopted Resolution No. 14-4963. 8. UNFINISHED BUSINESS A. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-986 AMENDING THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION AS SET FORTH IN TITLE 2 ("ADMINISTRATION"), CHAPTER 6 ("CITY COMMISSIONS"), ARTICLE E ("PUBLIC SAFETY COMMISSION"), SPECIFICALLY, SECTIONS 2680, 2681, 2683, AND 2687 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION At the December 3, 2013 City Council meeting, the City Council amended the proposed Ordinance by choosing to retain the Commission's authority as the hearing body for parking citations. Therefore, Ordinance No. 13-986 modifies the Commission's duties to include transportation planning as well as to rename this Commission to the Transportation and Public Safety Commission. This will allow the Commission to focus on community-wide transportation and City Council Minutes January 7, 2014 Page 6 of 14 public safety issues and provide a comprehensive approach to address the overall well-being of the community. The City Council is requested to adopt Ordinance No. 13-986 amending Title 2 ("Administration"), Chapter 6 ("City Commissions"), Article E ("Public Safety Commission"), specifically, Sections 2680, 2681, 2683, and 2687 relating to the title and duties of the Public Safety Commission. Public Safety Supervisor Ariizumi gave a brief overview of the staff report. Mayor Sternquist opened public comment. Mayor Sternquist closed public comment. Councilmember Chavez waived further reading and adopted Ordinance No. 13-986 amending Title 2 ("Administration"), Chapter 6 ("City Commissions"), Article E ("Public Safety Commission"), specifically, Sections 2680, 2681, 2683, and 2687 of the Temple City Municipal Code relating to the title and duties of the Public Safety Commission. Seconded by Councilmember Yu and unanimously carried. 9. NEW BUSINESS A. PUBLIC HEARING: CONSIDERATION OF THE OLSON COMPANY PROJECT (FILE NO. 130000091), WHICH INCLUDES A REQUEST FOR A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL; CREATING AN INFILL COMMUNITY (IC) OVERLAY ZONING DISTRICT; ZONE CHANGE FROM M-2 TO R-2-IC; TENTATIVE TRACT MAP, CONDITIONAL USE PERMIT, SITE PLAN REVIEW TO CONSTRUCT A 74-UNIT SINGLE-FAMILY ATTACHED AND DETACHED RESIDENTIAL PROJECT WITH ASSOCIATED ON-SITE RECREATIONAL AMENITIES (FILE NO. 130000091); AND A DEVELOPMENT AGREEMENT FOR THE PROJECT, LOCATED AT 9250 LOWER AZUSA ROAD (APNS: 8592-005-003 AND 8592-005-004) The Olson Land Opportunities, LLC (applicant) is proposing a 74-unit single- family attached and detached residential project at 9250 Lower Azusa Road. The project entails the approval of seven different planning applications: a General Plan Amendment; creation of an Overlay Zoning District; a Zone Change; a Tentative Tract Map; a Conditional Use Permit; a Site Plan Review; and a Development Agreement. The project proposes to subdivide two parcels to create 74 single-family lots with common ownership of streets and recreational areas. The subdivision is proposed at an R-2 density (12 dwelling units/acre of the net developable lot size). The property is currently zoned for Industrial uses and requires a Zone Change and General Plan Amendment to allow the residential use. City Council Minutes January 7, 2014 Page 7 of 14 The project is located at the southern most portion of the City on Lower Azusa Road between the Eaton Wash and the Union Pacific Railroad. The site is zoned M-2 and is located in an area surrounded by both industrial and single- family residential development. The most recent business to occupy the project site was United Lumber, an old lumber mill, which ceased operations in 2009. The project site is large but has numerous constraints, including the site dimensions and adjacent uses. Due to the physical site constraints, inquiries to develop the site for industrial uses and public storage have never developed to the point where an application has been submitted. The proposed project would improve the site and provide the City with creatively designed housing at prices that are affordable to homebuyers. Planning Manager Starns gave a summary of the staff report. Steve Armanino, Olson Company, gave a presentation on their proposed project. City Attorney Vail, developer looking for a cap, Sect 8.4 install art on the project up to $50,000. Instead of max cost, to have a cost of approx. $50,000 but not to exceed $50,000. Keep in mind that both Public Arts Commission and Council has to approve the arts installed. Artwork proposed has to obtain approval from Public Arts Commission and City Council. Mayor Sternquist opened public hearing. April Lamie, Temple City resident and Barbara Fields, Temple City business owner, spoke in opposition of the development. They feel this project will cause a traffic jam on Lower Azusa for Temple City residents. Jeffrey Briggs and Michael Magana, Temple City residents, spoke in opposition of the project. They expressed concerns for the safety of the future residents. Mike Owens, Miller Drive Partnership, spoke in opposition of the project. He stated that since the property is zoned industrial, it should be developed as industrial. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Councilmember Yu expressed concern over the language in Section 8.4 "Public Art", second sentence of the Development Agreement, which states "The public art installed by the Developer shall be approved by the City and have a maximum cost to Developer of fifty thousand dollars ($50,000). Councilmember Yu's concern is that the Developer can interpret this language to mean that they can spend any amount between $1-$50,000, not necessarily City Council Minutes January 7, 2014 Page 8 of 14 $50,000 on public art. To address this concern, City Attorney Vail proposed splitting that sentence into two. First, replace "The public art installed by the Developer shall be approved by the City" to "The public art installed by developer will be approved by the City". Second, create a new sentence to replace "The public art installed by the Developer shall have a maximum cost to Developer of fifty thousand dollars" to "The total cost for the public art installed by the Developer shall be approximately, but is not required to be in excess of, $50,000". Mayor Pro Tern Blum made a motion to: 2) Adopt Resolution No. 14-4959 (Attachment "A") approving the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring and Reporting Program; 3) Adopt Resolution No. 14-4961 (Attachment "B") approving a General Plan Amendment to change the Land Use Designation from Industrial to Medium Density Residential; 4) Introduce Ordinance No. 14-981 (Attachment "C") for first reading by title only, creating the lnfill Community (IC) Overlay Zoning District, and waive further reading; 5) Introduce Ordinance No. 14-988 (Attachment "D") for first reading by title only, changing the zoning on the project site from the Heavy Manufacturing (M-2) Zoning District to the R-2 Zoning District and the lnfill Community (I C) Overlay Zoning District, and waive further reading; 6) Adopt Resolution No. 14-4962 (Attachment "E") approving the Tentative Tract Map, Conditional Use Permit, and Site Plan Review to construct 74 residential units; 7) Introduce Ordinance No. 14-989 (Attachment "F") approving a Development Agreement as amended (Attachment "G") between the City and the project applicant, Land Opportunities, LLC; and 8) Schedule the second reading of Ordinances No. 14-981, 14-988, and 14- 989 for January 21, 2013. Seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: NOES: Councilmember-Chavez, Vizcarra, Yu, Blum, Sternquist Councilmember-None City Council Minutes January 7, 2014 Page 9 of 14 ABSTAIN: Councilmember-None City Council meeting recessed at 10:10 p.m. and reconvened at 10:21 p.m. B. ADOPTION OF RESOLUTION NO. 14-4960 UPDATING THE HOUSING ELEMENT OF THE GENERAL PLAN As part of the Fiscal Year (FY) 2011-2013 City Council Priorities and Action Plan, the City Council has made it a high priority to update the City's Housing Element consistent with State law. The Housing Element is an extensive document with considerable information and analysis, necessary to address all of the requirements specified in State statutes. Current State law requires cities to update the Housing Element every eight years. If the new housing element is adopted and certified by the Department of Housing and Community Development by February 12, 2014, it will not need to be updated for another eight years, thus extending the City's Housing Element planning period to October 2021. Planning Manager Starns gave a brief summary of the staff report. Mayor opened public hearing. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Mayor ProTem Blum made a motion to: 1) Approve the Initial Study and Adopt the Negative Declaration; and 2) Adopt Resolution No. 14-4960 approving the 2014-2021 Housing Element. Seconded by Councilmember Chavez and unanimously carried. C. ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR (FY) 2014-2015 The CDBG Program was established with the primary objective of developing viable communities by creating suitable living environments, maintaining and creating decent housing, and creating and maintaining job opportunities for low-and moderate-income persons. Every city receives an annual CDBG allocation based upon population. CDBG funds can only be used to accomplish certain pre-designated national objectives set forth by this federal program. Specifically, funds need to address slum and blighted conditions, to assist or benefit low-and moderate-income families, for emergency purposes, City Council Minutes January 7, 2014 Page10of14 or to meet the needs of special population groups, such as the disabled or senior citizens. The City is required to conduct a public hearing to solicit input from the community and to ensure that the proposed CDBG Projects meet community needs and HUD guidelines. Associate Planner Gulick gave a brief summary of the staff report. Community Development Director Persico answered City Council's questions. Mayor Sternquist opened public hearing. Hearing no further requests to speak, either for or against this item, the public hearing was closed. Mayor Pro Tern Blum made a motion to adopt the CDBG-funded programs and allocations for FY 2014-2015 as follows: 1. Housing Rehabilitation Loan Program: 11. Asbestos Testing and Removal Program: iii. Youth Scholarship Program: iv. ADA Curb-Ramps improvements $235,000 $ 45,000 $ 26,403 $200,000 Seconded by Councilmember Chavez and unanimously carried. 10. COMMUNICATIONS-None 11. RECESS TO SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY MEETING At 10:46 p.m., the City Council recessed to the Successor Agency Meeting. Minutes of the Successor Agency Meeting are set forth in full in the Successor Agency's records. RECONVENE AS CITY COUNCIL The City Council meeting was reconvened at 10:47 p.m. with all Councilmembers present. 12. ACTIONS TAKEN BY CITY AS SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY-None 13. UPDATE FROM CITY MANAGER City Manager Pulido announced upcoming City events: Friday, January 10, City Council Minutes January 7, 2014 Page 11 of 14 application deadline for the Community Emergency Response Team (CERT). Dates of the trainings are January 17-19; Saturday, January 11, City's Budget Kick- Off meeting at the City Hall Community Room from 8:30a.m. to12:30 p.m.; Monday, January 13, registration begins for the P & R classes; Thursday, January 16, Area 1 Neighborhood Watch meeting at Emperor Elementary School starting at 5:30 p.m.; Saturday, January 25, City's (Sereno to Sultana) Neighborhood Clean Up Day from 8:00a.m. to 12:00 p.m.; and lastly, Saturday, February 1, Chinese New Year Street Festival from 9:00 a.m. to 5:00 p.m. on Las Tunas Drive between Golden West to Temple City Boulevard. 14. COUNCIL REPORTS REGARDING AD HOC OR STANDING COMMITTEE MEETINGS A. Rosemead Boulevard Improvement Project Standing Committee (Councilmember Yu and Mayor ProTem Blum)-Formed 6/3/2011 None B. School District/City Standing Committee (Councilmember Chavez and Mayor ProTem Blum)-Formed 1/3/2012 None C. City Code Review Standing Committee (Councilmember Chavez and Vizcarra)-Formed 11/6/2012 None D. Strategic Planning Ad Hoc Committee (Councilmember Yu and Mayor ProTem Blum)-Formed 4/2/2013 Mayor ProTem Blum reported that the ad hoc committee met on January 3 to prepare for Saturday's study session. E. Civic Center Master Plan Standing Committee (Councilmember Yu and Mayor ProTem Blum)-Formed 5/13/2013 Mayor Pro Tem Blum announced that the standing committee will be meeting this Friday, January 10. F. Las Tunas Drive Streetscape & Pedestrian Improvement Standing Committee (Councilmember Vizcarra and Yu)-Formed 8/20/2013 None City Council Minutes January 7, 2014 Page 12 of 14 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CHAVEZ-None B. B. COUNCILMEMBER VIZCARRA-None C. COUNCILMEMBER YU -Suggested that Council obtain a booth at Camellia Festival for residents to meet and talk to Council (i.e., "Coffee with Council member -no more than 2 councilmembers at a time). D. MAYOR PRO TEM BLUM -Announced that Pastor Heather Williams of Westminster Presbyterian Church has been diagnosed with cancer of the blood and will be undergoing treatment. He asked the public to keep her in their prayers. E. MAYOR STERNQUIST-Requested that City Council meeting be adjourned in memory of Marianne Milch. Mayor also requested Councilmembers concurrence to have staff bring an item to the next City Council meeting for consideration to reduce time limit for the two public comment sections of the City Council meeting from 5 to 3 minutes. City Council concurred and directed staff to proceed. 16. REIMBURSEMENT OF EXPENSES TO CITY OFFICIALS FOR CONDUCT OF CITY BUSINESS AND FOR CITY PAYMENT OF CONFERENCE EXPENDITURES A. COUNCILMEMBER CHAVEZ-None B. COUNCILMEMBER VIZCARRA-None C. COUNCILMEMBER YU-None D. MAYOR PROTEM BLUM-None E. MAYOR STERNQUIST-None 17. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA -None 18. Closed Session The City Council recessed to a closed session at 11:00 p.m. Purpose: Potential Cases: Pending Litigation One (1) City Council Minutes January 7, 2014 Page 13 of 14 Authority: Representatives: Government Code Section 54956.9(b) City Attorney The meeting reconvened at 11 :29 p.m. with all Councilmembers present. Council received briefing from City Attorney. No reportable action at this time. City Attorney Vail requested the Council to add an item to Closed Session that arose subsequent to the posting of the agenda for City Manager Performance Evaluation. Councilmember Yu moved to add this item to the closed session agenda as a subsequent need item, seconded by Councilmember 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 At 11:30 p.m., the City Council recessed to closed session for the purposes stated below. City Council Closed Session Purpose: Title: Authority: Representatives: RECONVENE Employee Performance Evaluation City Manager Government Code Section 54957 City Attorney The City Council reconvened at 12:13 a.m. with all Councilmembers present. CLOSED SESSION STATEMENT City Attorney Vail reported that City Council will set a date in the future to continue the discussion. 19. ADJOURNMENT The City Council's Regular Meeting was adjourned in the memory of Marianne Milch at 12:13 a.m. to the next City Council meeting of January 7, 2014. Mayor City Council Minutes January 7, 2014 Page 14 of 14 ATTEST: City Clerk