HomeMy Public PortalAbout01) CC Agenda 2013-04-02CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING
April 2, 2013 — 7:30 P.M.
COUNCIL CHAMBERS — 5938 KAUFFMAN AVENUE
AGENDA
PROCEDURE TO ADDRESS CITY COUNCIL: If you wish to address the City Council, please
complete a Speaker Request Form, indicating the agenda item number and submit it to the City
Clerk. There will be a maximum 20 -minute period for comments on any subject with a 5 -minute
time limit on each speaker, unless waived by Council. You have the opportunity to address the City
Council at the following times:
AGENDA ITEM : at the time the Council considers the agenda item;
NON -AGENDA ITEM: at the time for PUBLIC COMMENTS. Please note that while
the City Council values your comments, pursuant to the Brown Act, the Council
cannot take action on any item not listed on the agenda; and
PUBLIC HEARING: at the time for public hearings under NEW BUSINESS.
The listing of any item on the agenda includes the authority of the Council to take action on such
item and to approve, disapprove, or give direction on any item.
CALL TO ORDER — Mayor Sternquist
2. ROLL CALL — Councilmember Chavez, Vizcarra, Yu, Blum, Sternquist
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS
A. Certificate of Recognition —Longden Elementary School Geography Bee
Finalists and Winner
B. Certificate of Recognition — Kiwanis Club
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April 2, 2013
Page 2
C. Certificate of Recognition — Arbor Day Poster Contest Winners
6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
The City Council will now hear public comments regarding items not listed on
the agenda. The procedure to address the City Council is highlighted on the first
page of this agenda.
7. CONSENT CALENDAR
All Consent Calendar items may be approved in a single motion as
recommended unless removed for further discussion. If members of the City
Council or persons in the audience wish to discuss any matters listed on the
Consent Calendar, please address them at this time.
Recommendation: Approve Items A through I per recommendations
A. APPROVAL OF MINUTES
1) Minutes of the City Council Special Meeting of March 11, 2013;
2) Minutes of the City Council Regular Meeting of March 19, 2013; and
3) Minutes of the Special City Council Meeting of March 27, 2013.
Recommendation: Approve.
B. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF
MARCH 20, 2013
[a
FBI
The City Council is requested to review the Parks and Recreation
Commission actions of their meeting of March 20, 2013.
Recommendation: Receive and file
PLANNING COMMISSION ACTIONS — MEETING OF MARCH 12, 2013
The City Council is requested to review the Planning Commission Actions
of March 12, 2013.
Recommendation: Receive and file
PUBLIC SAFETY COMMISSION ACTIONS — MEETING OF MARCH 13,
2013
The City Council is requested to review the Public Safety Commission
actions of their meeting of March 13, 2013.
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April 2, 2013
Page 3
Recommendation: Receive and file
E. ADOPTION OF RESOLUTION NO. 13-4900 — MAYOR'S
APPOINTMENTS TO CITY COUNCIL COMMITTEES AND DELEGATES
AND ALTERNATES TO OTHER AGENCIES OR ORGANIZATIONS
Each year after the City Council reorganizes, and with Council input, the
Mayor reviews and selects representative delegates and alternates to
other governmental agencies and/or organizations.
The City Council is requested to review the list of City Council committee
and delegate appointments representing the City of Temple city at
meetings of other governmental agencies or community organizations and
to consider proposed Resolution No. 13-4900 making appointments to
said agencies and organizations
Recommendation: Adopt Resolution No. 13-4900
F. APPROVAL OF AGREEMENT WITH SAN GABRIEL VALLEY HABITAT
FOR HUMANITY TO RE -INSTATE THE "BRUSH WITH KINDNESS"
HOUSING REHABILITATION PARTNERSHIP PROGRAM
The City currently offers only a housing rehabilitation loan program,
which has a waiting list of approximately 45 people. With on-going cuts
to the City's CDBG program and the elimination of redevelopment
statewide, reinstating the Brush with Kindness Program will allow six
selected homeowners to improve their quality of life and at the same time
improving their home's curb -appeal, resulting in increased property
values. Furthermore, the Brush with Kindness Program would also
accomplish one of the goals from the City's draft Housing Element.
The City Council is requested to review and approve a project agreement
with San Gabriel Valley Habitat for Humanity to reinstate the Brush with
Kindness Housing Rehabilitation Program at a cost not to exceed $36,000
and authorize the City Manager to execute the project agreement with San
Gabriel Valley Habitat for Humanity.
Recommendation: Review and approve project agreement with
San Gabriel Valley Habitat for Humanity to
reinstate the Brush with Kindness Housing
Rehabilitation Program and authorize the City
Manager to sign the project agreement.
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Page 4
G. REIMBURSEMENT OF WINDSTROM EXPENSES
In Fiscal Year (FY) 2011-12, the City spent a total of $333,213.98 to
reopen streets citywide that were affected by the windstorm, including
residential streets. When the staff brought forward the FY 2012-13 Mid -
Year Budget Review staff report to the City Council on February 21, 2013,
the Administrative Services Director had not yet been notified that the City
would be receiving reimbursement in the amount of $197,290.00
(approximately 60% of the total costs) to reopen the City's principal
arterial, minor arterial and major collector streets after the windstorm. As
a result of this significant reimbursement and that it will be received and
recognized in the subsequent fiscal year after the expenditures were
made, an update to the City Council of the fiscal impact of this
reimbursement is in order.
The City Council is requested to receive and file this report and authorize
staff to increase the current revenue estimate in the Other
Reimbursements budgeted line item by $197,290.00.
Recommendation: Receive and file the Reimbursement for
Windstorm Expenses report and authorize staff
to increase the current revenue estimate in the
Other Reimbursement budgeted line item by
$197,290.00.
H. PETTY CASH REPORT
The City Council is requested to review, receive and file the Petty Cash
Report.
Recommendation: Receive and file.
I. ADOPTION OF RESOLUTION NO. 13-4901 —APPROVAL OF PAYMENT
OF BILLS
The City Council is requested to adopt Resolution No. 13-4901 authorizing
payment of bills.
Recommendation: Adopt Resolution No. 13-4901.
8. UNFINISHED BUSINESS — None
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9. NEW BUSINESS
A. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-970,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, AMENDING SECTION 2303 OF ARTICLE A OF CHAPTER 3 OF
TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, CLARIFYING AND
EXPANDING LIST OF POSITIONS EXCLUDED FROM CITY SERVICE
Over the last three years the City Manager has put together his core
management staff that includes all management positions with the
exception of the Public Safety Officer. All positions are at -will and
excluded from City service, as the terms of their employment are
government by an employment agreement. In order for all positions within
the management staff to be consistent, staff is recommending the Public
Safety Officer also be excluded from City Service, be at -will and the terms
of the employment of the position be governed by an employment
agreement.
The City Council is requested to adopt Ordinance No. 13-970 to expand
the list of positions excluded from city services to include the Public Safety .
Officer position to provide consistency of employment terms and status of
all City management employees.
Presentation: Administrative Services Director
Recommendation:
1) Request the City Clerk to read the title of proposed Ordinance No.
13-970;
2) Adopt a motion waiving further reading of proposed Ordinance No.
13-970; and
3) Adopt a motion introducing on first reading, by title only, proposed
Ordinance No. 13-970, amending Section 2303 of Article A of
Chapter 3 of Title 2 of the Temple City Municipal Code, clarifying
and expanding list of positions excluded from city service and set
the second reading of Ordinance No. 13-970 for April 16, 2013.
B. ADOPTION OF RESOLUTION NO. 13-4897 APPROVING AN
ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE TEMPLE
CITY MUNICIPAL CODE (TCMC)
Over the past two years, Community Preservation staff has worked with
the Codes Ad Hoc Committee to address deficiencies and possible
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Page 6
amendments to the TCMC. Due to inconsistent provisions, ambiguous
verbiage, and outdated requirements, City staff lacked the necessary tools
to enforce the TCMC. In July 2012, City Council passed Ordinance No.
12-957, which expanded the use of administrative citations and fines to all
violations of the City's laws. This Ordinance directed that the amount of
these administrative citations be set forth in a schedule of fines
established by resolution of the City Council.
Presentation: Public Safety and Services Manager
Recommendation:
1) Conduct a Public Hearing; and
2) Adopt Resolution No. 13-4897 authorizing a new administrative fine
schedule for violations of the Temple City Municipal Code (including,
but not limited to, any other code adopted therein) and other State
laws as authorized by Statute.
C. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-969,
AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING
ARTICLE D ("YARD SALES") AND ADDING CHAPTER I ("YARD
SALES") OF TITLE 4 ("LAW ENFORCEMENT"), CHAPTER 2
("NUISANCES") OF THE TEMPLE CITY MUNICIPAL CODE
It is recommended that the City Council adopt Ordinance No. 13-969 to
benefit the general health, safety, and welfare of the community. In
Southern California, the cities of Azusa, EI Monte, Ontario and Santa Ana
have adopted similar ordinances (i.e., permit -free, quarterly yard sales
held on specifically designated weekends) in order to address issues
arising from the efficient permitting and enforcement of yard sales. Staffs
extensive review and analysis of the City's Law Enforcement and
Nuisance Codes has demonstrated that the City's laws have not been
adapted to adequately respond to growing concerns by City officials and
the public regarding yard sales as it pertains to permit requirements and
violations of the TCMC.
Presentation: Public Safety and Services Manager
Recommendation:
1) Introduce and hold a public hearing regarding Ordinance No. 13-969
(Attachment "A") for first reading by title only, repealing Article D
("Yard Sales") and adding Chapter I ("Yard Sales") of Title 4 ("Law
Enforcement"), Chapter 2 ("Nuisances") of the Temple City Municipal
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Page 7
Code regarding regulations pertaining to the schedule and
enforcement of yard sales in the City of Temple City; and
2) Schedule the second reading of Ordinance No. 13-969 for April 16,
2013.
D. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-968, AN
ORDINANCE OF THE CITY OF TEMPLE CITY, MODIFYING AND
ENHANCING CHAPTER 1 ("FIRE CODE") OF TITLE 3 ("PUBLIC
SAFETY") OF THE TEMPLE CITY MUNICIPAL CODE REGARDING
REGULATIONS RELATING TO THE POSESSION, SALE, AND
DISCHARGE OF FIREWORKS IN THE CITY OF TEMPLE CITY
The City of Temple City recognizes the need to implement reasonable
regulations for the sale, use, discharge and display of fireworks in order to
protect the safety of spectators, property owners, residents, and visitors of
the City. The City seeks to encourage responsible use of legal fireworks
and to discourage the possession, use, sale or distribution, or discharge of
illegal fireworks. It is imperative that the City modify and enhance its Fire
Code as it relates to fireworks to preserve the public peace, health, safety,
and general welfare of Temple City residents and the general public.
Presentation: Public Safety and Services Manager
Recommendation:
1) Introduce and hold a public hearing regarding Ordinance No. 13-968
(Attachment "A") for first reading by title only, modifying and
enhancing Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the
Temple City Municipal Code regarding regulations relating to the
possession, sale, and discharge of fireworks in the City of Temple
City; and
2) Schedule the second reading of Ordinance No. 13-968 for April 16,
2013.
E. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-971
AMENDING MUNICIPAL CODE SECTION 2635 TO ALLOW FOR
ADDITIONAL MEMBERS ON THE PUBLIC ARTS COMMISSION
In support of the Council's decision that the City would be better served by a
larger Public Arts Commission, the adoption of Ordinance No. 13-971
amends Municipal Code Section 2635 to allow for two additional
Commission members, as well as an alternate.
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Page 8
Presentation: City Attorney
Recommendation:
1) Introduce Ordinance No. 13-971 for first reading by title only;
2) Waive further reading of Ordinance No. 13-971; and
3) Set the second reading of Ordinance No. 13-971 for April 16, 2013.
10. COMMUNICATIONS
A. Los Angeles County Sheriff Activities for January and February 2013.
Presentation: Public Safety and Services Manager
11. RECESS TO SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY MEETING
12. ACTIONS TAKEN BY CITY AS SUCCESSOR AGENCY TO THE TEMPLE
CITY COMMUNITY REDEVELOPMENT AGENCY
13. UPDATE FROM CITY MANAGER
14. MATTERS FROM CITY OFFICIALS — None
15. COUNCIL REPORTS REGARDING AD HOC OR STANDING COMMITTEE
MEETINGS
A. Las Tunas Drive Streetscape & Pedestrian Improvement Ad Hoc
(Councilmember Sternquist and Yu) — Formed 7/03/2012
B. Pocket Park Ad Hoc
(Councilmember Sternquist and Vizcarra) — Formed 914/2012
C. Tier Medical Benefit Ad Hoc
(Councilmember Blum and Yu) — Formed 11/06/2012
D. Civic Center Master Plan Ad Hoc
(Councilmember Blum and Yu) — Formed 9/18/2012
E. School District/City Standing Committee
(Councilmember Chavez and Sternquist) — Formed 1/03/2012
F. Rosemead Boulevard Improvement Project Standing Committee
(Councilmember Blum and Yu) — 6/3/2011
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April 2, 2013
Page 9
G. City Code Review Standing Committee
(Councilmember Chavez and Sternquist) — Formed 11/06/2012
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR
AGENDA
A. COUNCILMEMBER CHAVEZ
B. COUNCILMEMBER VIZCARRA
C. COUNCILMEMBER YU
D. MAYOR PRO TEM BLUM
E. MAYOR YU
17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT
OF CITY BUSINESS — None
18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE
AGENDA
The City Council will now hear additional public comments regarding items not
listed on the agenda. The procedure to address the City Council is highlighted
on the first page of this agenda.
19. CLOSED SESSION
Purpose:
Potential Cases:
Authority:
Representatives:
20. ADJOURNMENT
Anticipated Litigation
Two (2)
Government Code Section 54956.9(b)
City Attorney
NEXT REGULAR MEETING OF:
CITY COUNCIL 7:30 P.M. APRIL 16, 2013
PARKS & RECREATION COMMISSION 7:30 P.M. APRIL 17, 2013
PLANNING COMMISSION 7:30 P.M. APRIL 9, 2013
PUBLIC SAFETY COMMISSION 7:30 P.M. APRIL 10, 2013
Notice: Staff reports or other written documentation relating to each item of
business of this Agenda are available for viewing on the City's website at
City Council Agenda
April 2, 2013
Page 10
www.templecity.us and are on file in the Office of the City Clerk located at City
Hall, 9701 Las Tunas Drive, Temple City, California, and available for review
during regular office hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate
in this meeting, please contact the City Clerk at (626) 285-2171. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
I hereby certify under penalty of perjury under the laws of the State of California that
the foregoing agenda was posted on the Civic Center bulletin board not less than 72
hours prior to the meeting.
Peggy Kuo, City Clerk
Signed and Posted: March 27, 2013 (6:00 p.m.)