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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