HomeMy Public PortalAbout02) 7A CCM 2013-04-02CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING
April 2, 2013
1. CALL TO ORDER
AGENDA
ITEM 7.A.
Mayor Sternquist called the City Council Regular Meeting to order at 7:31 p.m. in
the Council Chambers located at 5938 Kauffman Avenue, Temple City.
2. ROLL CALL
PRESENT: Councilmember - Chavez, Vizcarra, Yu, Blum, Sternquist
ABSENT: Councilmember - None
ALSO PRESENT: City Manager Pulido, City Attorney Vail, City Clerk Kuo,
Administrative Services Director Hause, Community
Development Director Persico and Parks and Recreation
Director Burroughs.
3. INVOCATION
Pastor Fr. Mark Strader from the St. Luke Church provided the Invocation.
4. PLEDGE OF ALLEGIANCE
Mary Sneed, Longden Elementary School teacher, led those present in the
Pledge of Allegiance to the Flag.
5. CEREMONIAL MATTERS
A. Certificate of Recognition —Longden Elementary School Geography Bee
Finalists and Winner
City Council presented certificates of recognition to the finalists and winner
of the 2013 Geography Bee.
B. Certificate of Recognition — Kiwanis Club
City Council presented a certificate of recognition to Kiwanis Club for their
generous donation of $400 towards the purchase of foldable shopping
carts for the Dial -A -Ride participants.
C. Certificate of Recognition — Arbor Day Poster Contest Winners
City Council Minutes
April 2, 2013
Page 2
City Council presented a certificate of recognition to the 3rd and 5th Grade
State Poster Contest Winners.
6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
7. CONSENT CALENDAR
Mayor Pro Tem Blum pulled item 7E for discussion. Councilmember Chavez
moved to approve the remainder of the Consent Calendar, seconded by Mayor
Pro Tem Blum and unanimously carried.
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.
Action: Approved.
B. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF
MARCH 20, 2013
The City Council is requested to review the Parks and Recreation
Commission actions of their meeting of March 20, 2013.
Action: Received and filed.
C. PLANNING COMMISSION ACTIONS — MEETING OF MARCH 12, 2013
The City Council is requested to review the Planning Commission Actions
of March 12, 2013.
Action: Received and filed.
D. 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.
Action: Received and filed.
City Council Minutes
April 2, 2013
Page 3
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.
Action: Reviewed and approved project agreement
with San Gabriel Valley Habitat for Humanity to
reinstate the Brush with Kindness Housing
Rehabilitation Program and authorized the City
Manager to sign the project agreement.
G. REIMBURSEMENT OF WINDSTORM 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.
City Council Minutes
April 2, 2013
Page 4
Action: Received and filed the Reimbursement for
Windstorm Expenses report and authorized
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.
Action: Received and filed.
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.
Action: Adopted Resolution No. 13-4901.
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 coni mittee
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,
Mayor Sternquist opened public comment.
Jerry Jambazian, Temple City Business owner, asked to hear the list of
Mayor's appointment.
Mayor Sternquist announced Council appointments to outside agencies
and organizations. As well as the City's Council liaisons, ad-hoc and
standing committee appointments.
Mayor Sternquist closed public comment.
City Council Minutes
April 2, 2013
Page 5
Mayor Sternquist established two new ad-hoc committees, Strategic
Planning and Budget Committee.
Mayor Sternquist appointed Mayor Pro Tem Blum and Councilmember Yu
to the Strategic Planning Ad Hoc Committee.
Mayor Sternquist appointed herself and Councilmember Vizcarra to the
Budget Ad -Hoc Committee.
Councilmember Chavez moved to approve the Mayor's appointment to
various committees and agencies and adopt Resolution No. 13-4900
confirming those appointments, seconded by Mayor Pro Tem Blum and
unanimously carried.
8. UNFINISHED BUSINESS — None
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.
Administrative Services Director Hause gave a brief summary of the staff
report and also requested Council to approve a title change for the Public
Safety Officer to the Public Safety Supervisor.
Mayor Sternquist opened public comment
City Council Minutes
April 2, 2013
Page 6
Mayor Sternquist closed public comment.
City Attorney recommends adding after Section 1, "O", that Public Safety
Officer title will be changed to Public Safety Supervisor.
Councilmember Blum made a motion to amend the title of Public Safety
Officer to Public Safety Supervisor in Section 1, "O"; adopt for first reading
by title only the proposed Ordinance, 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. Seconded by
Councilmember Vizcarra and unanimously carried.
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
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.
Public Safety and Services Manager Sahagun gave a brief summary of
the staff report.
City Prosecutor Eckart gave a brief presentation regarding the
administrative fine schedule.
Mayor Sternquist opened public comment.
Mary Kokavko, Temple City resident, commented about washing cars on
street.
Mayor Sternquist closed public comment.
Mayor Pro Tem Blum requested staff to bring back an item to address
back -in parking.
Councilmember Yu made a motion to adopt Resolution No. 13-4897
authorizing a new administrative fine schedule for violations of the Temple
City Council Minutes
April 2, 2013
Page 7
City Municipal Code (including, but not limited to, any other code adopted
therein) and other State laws as authorized by Statute. Seconded by
Mayor Pro Tem Blum and unanimously carried.
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.
Public Safety and Services Manager Sahagun made a brief summary of
the staff report.
City Prosecutor Eckart gave a presentation regarding the current and
proposed yard sales ordinance.
Public Safety and Services Manager Sahagun and City Prosecutor Eckart
responded to Council's questions.
Mayor Sternquist opened public comment.
Temple Citv residents Mary Kokavko, Donna Georaino, Robert
Rodenbaucher and Ousama Nimri spoke in opposition of the proposed
ordinance.
Mayor Sternquist closed public comment.
Councilmember Chavez made a motion to refer the amendment to the
yard sale ordinance back to the City Code Review Ad -Hoc Committee for
further discussion and to incorporate changes brought up the City Council.
Seconded by Councilmember Vizcarra and unanimously carried.
City Council Minutes
April 2, 2013
Page 8
The City Council recessed at 9:30 p.m. and reconvened at 9:39 p.m. with
all Councilmembers present.
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.
Public Safety and Services Manager Sahagun gave a brief summary of
the staff report.
City Prosecutor Eckart gave a presentation regarding the present and
proposed fireworks ordinance. The proposed amendment to the
ordinance would not take effect until August 1, 2013.
Mayor Sternquist opened public comment.
Joseph Pacillo, President of Temple City High School Ramrodder, spoke
in opposition of reducing the operating hours of the fireworks stands.
Victor Sanchez, President of Temple City Youth Rams Football and
Cheers, spoke in opposition of reducing the operating hours of the
fireworks stands.
Brad Hudson, TNT representative, spoke in opposition of reducing the
operating hours of the fireworks stands.
Donna Georaino, Temple City resident, spoke in opposition of reducing
the operating hours of the fireworks stands. She felt the real concern is
with the discharge of the illegal fireworks and not the operating hours of
the fireworks stands.
Jerry Jambazian, Temple City business owner, expressed concern
regarding the discharge of illegal fireworks.
City Council Minutes
April 2, 2013
Page 9
Martha Acero, Temple City Amateur Softball Association, spoke in
opposition of reducing the operating hours of the fireworks stands.
Mayor Sternquist closed public comments.
Councilmember Blum made a motion to adopt Ordinance No. 13-968 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 scheduled the second reading of Ordinance No. 13-
968 for April 16, 2013. Seconded by Councilmember Yu and carried by the
following vote:
AYES:
Councilmember— Chavez, Yu, Blum, Sternquist
NOES:
Councilmember—Vizcarra
ABSTAIN:
Councilmember — None
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 Attorney Vail gave a brief summary of the staff report.
Councilmember Yu made a motion to introduce Ordinance No. 13-971 for
first reading by title only, waive further reading of Ordinance No. 13-971 and
set the second reading of Ordinance No. 13-971 for April 16, 2013.
Seconded by Mayor Pro Tem Blum and unanimously carried.
10. COMMUNICATIONS
A. Los Angeles County Sheriff Activities for January and February 2013.
Sergeant Miranda gave City Council a brief update regarding the recent
homicide in Temple City. Encourage anyone with information to call
Detective Fredenell Clark at 323-890-5500 or crime stopper hotline at 800-
222 -TIPS (8477).
City Council Minutes
April 2, 2013
Page 10
11. RECESS TO SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY MEETING
At 10:41 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 10:42 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 made the following announcements: Enrollment for the
Parks and Recreation Spring classes is now open to the public; City's Connect
magazine was nominated for an award with the California Association of Public
Information Officers, will know the result by the end of the month; City will
increase its general fund reserve by $192,000 from Caltrans' reimbursement of
the cleanup expenses after the November 2011 windstorm; introduced the new
Planning Manager, Geoffrey Starns.
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
None
B. Pocket Park Ad Hoc
(Councilmember Sternquist and Vizcarra) — Formed 9/14/2012
None
C. Tier Medical Benefit Ad Hoc
(Councilmember Blum and Yu) — Formed 11/06/2012
None
City Council Minutes
April 2, 2013
Page 11
D. Civic Center Master Plan Ad Hoc
(Councilmember Blum and Yu) — Formed 9/18/2012
Mayor Pro Tem Blum announced that the committee will be meeting this
Friday, April 5, at 10:30 a.m.
E. School District/City Standing Committee
(Councilmember Chavez and Sternquist) — Formed 1/03/2012
Councilmember Chavez reported that the Committee met and provided
the school district with an update of the P3 Civic Center Master Plan:
F. Rosemead Boulevard Improvement Project Standing Committee
(Councilmember Blum and Yu) — 6/3/2011
Mayor Pro Tem Blum announced that the Committee will be meeting this
Friday, April 5, at 9:00 a.m.
G. City Code Review Standing Committee
(Councilmember Chavez and Sternquist) —Formed 11/06/2012
None
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR
AGENDA
A. COUNCILMEMBER CHAVEZ
Thanked staff and all those who worked on the Bike Ride and Rodeo
Event. He enjoyed the event.
B. COUNCILMEMBER VIZCARRA
Congratulated staff on the reimbursement of the windstorm expenses.
C. COUNCILMEMBER YU
Commented on the increase of general fund reserve. Also congratulated
staff on the reimbursement of the windstorm expenses.
D. MAYOR PRO TEM BLUM
Commented on the Bike Ride and Rodeo. Really enjoyed it.
E. MAYOR STERNQUIST
City Council Minutes
April 2, 2013
Page 12
Commented that she and Councilmember Chavez had the opportunity to
read to the students at the Dough Learning Center. She really enjoyed
the experience. Congratulated Jerry Jambazian for receiving a
Community Volunteer Award from CPRS District 13.
17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT
OF CITY BUSINESS — None
18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE
AGENDA — None
19. CLOSED SESSION
The City Council recessed to a closed session at 10:55 p.m.
Purpose: Anticipated Litigation
Potential Cases: Two (2)
Authority: Government Code Section 54956.9(b)
Representatives: City Attorney
The City Council meeting reconvened at 11:50 p.m. with all Councilmembers
present.
CLOSED SESSION STATEMENT
No reportable action.
City Attorney Vail requested the Council to add an item to the agenda that arose
subsequent to the posting of the agenda regarding destruction of certain
Administrative Services Department records and Council will be asked to take
action.
Councilmember Yu made a motion to add this item to the agenda. Seconded by
Councilmember Vizcarra and unanimously carried.
The City Council is requested to adopt Resolution No. 13-4903 declaring certain
Administrative Services Department records destroyed by virtue of their
contamination by asbestos.
Councilmember Chavez made a motion to adopt Resolution No. 13-4903
authorized the destruction of the contaminated records. Seconded by
Councilmember Vizcarra and unanimously carried.
City Council Minutes
April 2, 2013
Page 13
20. ADJOURNMENT
The City Council Meeting was adjourned in memory of Carmen Garcia at 11:55
p.m. to the City Council Regular Meeting of Tuesday, April 16, 2013, at 7:30 p.m.
in the Council Chambers, 5938 Kauffman Avenue.
Mayor
ATTEST:
City Clerk