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.