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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 City Council Agenda 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. City Council Agenda 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. City Council Agenda April 2, 2013 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 City Council Agenda April 2, 2013 Page 5 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 City Council Agenda April 2, 2013 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 City Council Agenda April 2, 2013 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. City Council Agenda April 2, 2013 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 City Council Agenda 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.)