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HomeMy Public PortalAbout01) CC Agenda - 2013-04-16 CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING APRIL 16, 2013 – 7:30 P.M. COUNCIL CHAMBERS – 5938 KAUFFMAN AVENUE AGENDA 1. CALL TO ORDER – Mayor Sternquist 2. ROLL CALL – Councilmember Chavez, Vizcarra, Yu, Blum, Sternquist 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CEREMONIAL MATTERS AND PRESENTATION A. Proclamation – National Library Week B. Pet of the Month 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE 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. City Council Agenda April 16, 2013 Page 2 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 N per recommendations. A. APPROVAL OF MINUTES The City Council is requested to review and approve Minutes of the Regular Meeting of April 2, 2013. Recommendation: Approve. B. PLANNING COMMISSION ACTIONS – MEETING OF MARCH 26, 2013 The City Council is requested to review the Planning Commission Actions of March 26, 2013. Recommendation: Receive and file. C. PUBLIC SAFETY COMMISSION ACTIONS – MEETING OF MARCH 27, 2013 The City Council is requested to review the Public Safety Commission actions of their meeting of March 27, 2013. Recommendation: Receive and file. D. LEAGUE OF CALIFORNIA CITIES BYLAWS AMENDMENTS At the League of California Cities (League) February meeting, the League’s Board of Directors approved submitting two amendments to the League’s Bylaws to its members. The first proposed amendment is to encourage members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one and of broad interest and importance to cities. The second proposed amendment is to ensure that when the Board considers a position on possibly controversial City Council Agenda April 16, 2013 Page 3 statewide ballot measures, the Board’s ultimate decision represents a broad consensus of the Directors. The City Council is requested to approve and support the League’s Bylaws amendments which align with the City’s practices for open and accountable government. Support of the League bylaws amendment does not commit cities to adopting or implementing any League position in their local communities. Recommendation: Support the League of California Cities Bylaws amendments and to advise the City’s voting delegate to vote accordingly. E. APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2013 SEASON For the 2013 firework season, staff received ten permit applications from organizations that were approved during the 2012 season and two from qualified organizations applying for the first time. As set forth in Municipal Code Sections 3100-3118, no more than 12 fireworks stand permits are issued per season to non-profit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purpose. The code also regulates permit application procedures, qualifications of applicants, and operation of stands. The City Council is requested to consider approval of the two new organizations along with the recommended 10 previously approved organizations. City Council’s approval will allow the non-profit organizations/groups to raise funds to support their respective activities. Recommendation: Approve the 12 non-profit organizations/ groups for fireworks permits. F. APPROVAL OF REVISED APPLICATION AND GUIDELINES FOR CITY OF TEMPLE CITY YOUTH COMMITTEE Over the past three years, staff and Council/Commission liaisons have noticed that by the time the Youth Committee members become comfortable in their position and begin making progress on their goals and projects for the year, their term of office is over. Some students choose to re-apply for the following year, however most do not, which disrupts the progress of their projects. Staff suggests the term of office for Youth Committee members be extended to two years. If approved by the City Council for Fiscal Year (FY) 2013-14, half of the members would be appointed to a one-year term and the other half to a two-year term. This City Council Agenda April 16, 2013 Page 4 would allow for term continuity of the Youth Committee to match that of Council appointed Commissions. Staff is also recommending other minor changes to the Application and Guidelines. The City Council is requested to approve the City’s revised Youth Committee Application and Guidelines. Recommendation: Approve the revisions to the Youth Committee Application and Guidelines. G. ADOPTION OF RESOLUTION NO. 13-4904 MAKING TEMPLE CITY AN ASSOCIATE MEMBER OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ALOWING PROPERTY OWNERS TO VOLUNTARILY ENTER INTO A PROERTY ASSESSED CLEAN ENERGY PROGRAM The Home Energy Renovation Opportunity Financing (HERO) Program is a turn-key sustainability program available to residential and commercial property owners which requires no general fund expenditure. The HERO program is administered by Western Riverside Council of Governments (WRCOG) staff with costs covered through an initial fee included in the property owner’s contractual assessment and an annual administrative fee that is collected through the property owner’s tax bill. The program has the potential to create jobs, increase property values, and reduce water and energy consumption. The City Council is requested to review and adopt a Resolution authorizing the City of Temple City to participate in the California HERO Program administered by the WRCOG, and authorize the City Manager to execute the Joint Power Agreement amendment allowing Temple City to become an associate member of the WRCOG for purposes only related to implementing the California HERO Program. Recommendation: Adopt Resolution No. 13-4904 and authorize City Manager to execute the Joint Power Agreement amendment making Temple City an associate member of the Western Riverside Council of Government. H. ADOPTION OF RESOLUTION NO. 13-4905 FOR THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00407S; AND PROGRAM SUPPLEMENT NO. 0K62 (SAFE ROUTES TO SCHOOL PROJECT) With the Traffic Calming Master Plan in place to provide a long term strategy for street safety improvements, the City can apply for funding as City Council Agenda April 16, 2013 Page 5 grant opportunities become available. Per City Council direction to improve conditions for student pedestrians and cyclists, staff has sought Safe Route to School (SR2S) grant funds in current years. In 2011, the City successfully applied for proposed improvements around nine school sites. Caltrans notified the City in January that we would receive $431,900 in grant funds to implement these improvements. In order for the City to receive the $431,900 SR2S grant fund, Caltrans must receive the signed agreements by May 5, 2013. The City Council is requested to adopt a Resolution authorizing the City Manager to sign the Administering Agency-State Master Agreement and the Program Supplement Agreement and approve a budget amendment of $57,000 for use as grant matching funds. Recommendation: Adopt Resolution No. 13-4905 authorizing the City Manager to sign the Administering Agency-State Master Agreement and the Program Supplement Agreement and approve a budget amendment of $57,000 for use as grant matching funds ($40,000 from unallocated Gas Tax revenue and $17,000 from General Fund reserves). I. NOTICE FROM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR ACCESS TO INSTALL AND SAMPLE SOIL VAPOR PROBES AND GROUNDWATER MONITORING WELLS NEAR THE INTERSECTION OF LAS TUNAS DRIVE AND ROSEMEAD BOULEVARD Chemicals from years of manufacturing and dry cleaning operations within the San Gabriel Valley (Valley) have lead to the current situation. As chemicals were spilled or dumped on the soil they migrated into the groundwater aquifer. While the aquifer below the San Gabriel Valley is a major source of the drinking water, drinking water is pumped from deep within the aquifer typically below the source of contamination. It should be noted that all drinking water is required to be regularly tested by the water purveyor and must meet safe standards before entering the drinking water system. The City Council is requested to receive and file a notice from EPA to install soil vapor probes and a groundwater monitoring well near the intersection of Las Tunas Drive and Rosemead Boulevard. Recommendation: Receive and file a notice from EPA to install soil vapor probes and a groundwater City Council Agenda April 16, 2013 Page 6 monitoring well near the intersection of Las Tunas Drive and Rosemead Boulevard. J. APPROVAL OF TEMPORARY STREET CLOSURE OF TEMPLE CITY BOULEVARD FOR THE “EVERY 15 MINUTES” PROGRAM AT TEMPLE CITY HIGH SCHOOL The “Every 15 Minutes” program is a two-day program focusing on high school juniors and seniors, which challenges them to think about drinking, driving, personal safety, the responsibility of making mature decisions and the impact their decisions have on family, friends, and many others. The program’s name was derived from the fact that in the early 1990’s, every 15 minutes someone in the United States died from an alcohol-related traffic collision. However, with the implementation of new laws, grass roots programs like Mothers Against Drunk Drivers (MADD), Students Against Destructive Decisions (SADD), Friday Night Live (FNL) and other programs such as these, the death rate is now every 30 minutes, a figure which continues to be unacceptable. The City has created a partnership with community-based organizations, the Temple City Unified School District (TCUSD) and emergency personnel (i.e., Los Angeles County Sheriff’s Department, Los Angeles County Fire and Paramedics and the Los Angeles County Coroner’s Office) to implement the two-day program. The City Council is requested to approve the temporary street closure of Temple City Boulevard between Camino Real Avenue and Lemon Avenue on April 18, 2013, from 9:00 a.m. to 2:00 p.m. for the “Every 15 Minutes” program at Temple City High School. Recommendation: Approve the temporary street closure for the “Every 15 Minutes” program at Temple City High School. K. APPROPRIATION FROM THE CITY’S UNDESIGNATED GENERAL FUND RESERVE FOR REMEDIATION OF ASBESTOS Due to the discovery of asbestos throughout the Administrative Services Department offices, certain precautionary services were necessary to prevent further contamination of asbestos throughout City Hall. The discovery and remediation of asbestos in the Administrative Services Department was not anticipated in June 2012, when the Fiscal Year (FY) 2012-13 City Budget was adopted. A budget appropriation is necessary to cover the costs related to the remediation. City Council Agenda April 16, 2013 Page 7 The City Council is requested to appropriate $28,634.09 from the City’s Undesignated Fund Balance Reserve for the cost of the remediation of asbestos. Recommendation: Approve appropriation from the City’s Undesignated General Reserve for remediation of asbestos in the Administrative Services Department Offices. L. CHANGE IN MEDICAL BENEFITS FOR RETIRED EMPLOYEES With a desire to explore options to potentially reduce the City’s Other Post-Employment Benefits (OPEB) liability in the future, the Tier Benefit Ad Hoc Committee asked staff to consider alternative for reducing the future costs of such benefits. An Actuarial Evaluation was completed outlining the potential reduction in future OPEB costs if new City hires received a reduced health benefit. However, after staff and legal counsel reviewed the State statues related to these benefits, it was determined that with only a few exceptions (that are not relevant to the City’s current situation), CALPERS requires contracting agencies to contribute an equal amount toward medical benefits for both active employees and retirees. Under current State law, a tiered system for medical benefits that provides a different level of benefit to existing employees, retirees and new hires in not permissible. The City Council is recommended to receive and file the Actuarial Valuation that was prepared as part of the analysis of alternative medical plans for new hires. Recommendation: Receive and file the Actuarial Valuation regarding proposed changes to the amount of compensation to be paid by the City of medical benefits for retired employees. M. PETTY CASH AND VISA CARD REPORT The City Council is requested to review, receive and file the Petty Cash and Visa Card Report. Recommendation: Receive and file. N. ADOPTION OF RESOLUTION NO. 13-4906 – APPROVAL OF PAYMENT OF BILLS City Council Agenda April 16, 2013 Page 8 The City Council is requested to adopt Resolution No. 13-4906 authorizing payment of bills. Recommendation: Adopt Resolution No. 13-4906. 8. UNFINISHED BUSINESS A. SECOND READING AND ADOPTION 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 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 adopting on second 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. B. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-968, AN ORDINANCE OF THE CITY OF TEMPLE CITY, MODIFYING AND City Council Agenda April 16, 2013 Page 9 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 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) Request the City Clerk read the title of proposed Ordinance No. 13- 968; 2) Adopt a motion waiving further reading of proposed Ordinance No. 13-968; and 3) Adopt a motion adopting on second reading, by title only, proposed Ordinance No. 13-968 (Attachment “A”), 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. C. SECOND READING AND ADOPTION 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. Presentation: City Attorney Recommendation: 1) Request the City Clerk read the title of proposed Ordinance No. 13- 971; City Council Agenda April 16, 2013 Page 10 2) Adopt a motion waiving further reading of proposed Ordinance No. 13-971; and 3) Adopt a motion adopting on second reading, by title only, proposed Ordinance No. 13-971 amending Municipal Code Section 2635 to allow for additional members on the public arts commission. 9. NEW BUSINESS A PUBLIC HEARING TO CONSIDER A PARKING CONCESSION AGREEMENT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT WITHOUT THE REQUIRED OFF-STREET PARKING AT 9225 LAS TUNAS DRIVE (PHOENIX BOUTIQUE INC.) The overarching goal of the Comprehensive Downtown Parking Strategic Plan is to enhance economic development opportunities in the Downtown. The Comprehensive Downtown Parking Strategic Plan syncs up with the 2002 Downtown Specific Plan in the City’s on-going effort to focus attention on the historic Downtown core. The idea for Parking Concession Agreements was a direct result of the Comprehensive Downtown Parking Strategic Plan. A Parking Concession Agreement provides flexibility to the zoning standards, promotes economic development and revitalization, assists in creating a pedestrian friendly environment, and encourages alternative travel modes. This Parking Concession Agreement is the first to be considered by the City Council and will set the tone for future applications. The Planning Commission approved a Conditional Use Permit for the restaurant, and recommended that the City Council approve the Parking Concession Agreement. Approval of this Parking Concession Agreement would allow the restaurant to reduce its off-street parking from 29 to 13 stalls. Presentation: Community Development Director Recommendation: 1) Approve a Parking Concession Agreement; and 2) Authorize the City Manager to execute the agreement with the property owner. 10. COMMUNICATIONS – None City Council Agenda April 16, 2013 Page 11 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 Vizcarra and Yu) – Formed 7/03/2012 B. Pocket Park Ad Hoc (Councilmember Vizcarra and Mayor Sternquist) – Formed 914/2012 C. Tier Medical Benefit Ad Hoc (Councilmember Yu)and Mayor Pro Tem Blum – Formed 11/06/2012 D. Civic Center Master Plan Ad Hoc (Councilmember Yu and Mayor Pro Tem Blum) – Formed 9/18/2012 E. Strategic Planning Ad Hoc (Councilmember Yu and Mayor Pro Tem Blum) – Formed 4/2/2013 F. Budget Ad Hoc Committee (Councilmember Vizcarra and Mayor Sternquist) – Formed 4/2/2013 G. School District/City Standing Committee (Councilmember Chavez and Mayor Pro Tem Blum) – Formed 1/03/2012 H. Rosemead Boulevard Improvement Project Standing Committee (Councilmember Yu and Mayor Pro Tem Blum) – 6/3/2011 I. City Code Review Standing Committee (Councilmember Chavez and Vizcarra) – Formed 11/06/2012 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER’S REGULAR AGENDA A. COUNCILMEMBER CHAVEZ City Council Agenda April 16, 2013 Page 12 B. COUNCILMEMBER VIZCARRA C. COUNCILMEMBER YU D. MAYOR PRO TEM BLUM E. MAYOR STERNQUIST 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: Anticipated Litigation Potential Cases: One (1) Authority: Government Code Section 54956.9(b) Representatives: City Attorney Purpose: Acquisition of Real Property Property: 5800 Temple City Blvd., Temple City, CA 91780 Authority: Government Code Section 54957.1(a)(1) Agency Negotiator: Jose Pulido, City Manager Owners Negotiator: Benton and Bonnie Lee Under Negotiation: Price and Terms of Site Acquisition or Lease 20. ADJOURNMENT NEXT REGULAR MEETING OF: CITY COUNCIL 7:30 P.M. May 7, 2013 PARKS & RECREATION COMMISSION 7:30 P.M. APRIL 17, 2013 PLANNING COMMISSION 7:30 P.M. APRIL 23, 2013 PUBLIC SAFETY COMMISSION 7:30 P.M. APRIL 24, 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 www.templecity.us and are on file in the Office of the City Clerk located at City City Council Agenda April 16, 2013 Page 13 Hall, 9701 Las Tunas Drive, Temple City, California, and available for review during regular office hours. 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: April 11, 2013 (7:00 p.m.) 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.