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HomeMy Public PortalAbout02) 7A1 City Council Minutes 2013-04-16CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING APRIL 16, 2013 1. CALL TO ORDER AGENDA ITEM 7.A-1 Mayor Sternquist called the City Council Regular Meeting to order at 7:30 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 Heather Williams from Westminster Presbyterian Church provided the Invocation. 4. PLEDGE OF ALLEGIANCE Mayor Sternquist led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS AND PRESENTATION A. Proclamation — National Library Week City Council proclaimed April 1 through 20 National Library Week and presented a proclamation to Nora Chen, Temple City Library Interim Manager. B. Pet of the Month Diane Rios, San Gabriel Valley Humane Society volunteer, gave a presentation on the featured pet for the month. Those interested in adopting a pet can call the San Gabriel Valley Humane Society at 626- 286-1159. City Council Minutes April 16, 2013 Page 2 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Kokavko, Temple City resident, spoke in favor of allowing fireworks in the City and commented on the Gateway Project. Dustin Reilich, HERO Financing Program representative, gave a brief presentation regarding the program and answered Council questions. 7. CONSENT CALENDAR Councilmember Vizcarra moved to approve the remainder of the Consent Calendar, seconded by Mayor Pro Tem Blum and unanimously carried. A. APPROVAL OF MINUTES The City Council is requested to review and approve Minutes of the Regular Meeting of April 2, 2013. Action: Approved. B. PLANNING COMMISSION ACTIONS — MEETING OF MARCH 26, 2013 The City Council is requested to review the Planning Commission Actions of March 26, 2013. Action: Received and filed. 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. Action: Received and filed. 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 Minutes 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. Action: Supports the League of California Cities Bylaws amendments and to advised the City's voting delegate to vote accordingly. E. APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2013 SEASON For the 2013 fireworks season, staff received 10 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. Action: Approved 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 Minutes 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. Action: Approved 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. Action: Adopted Resolution No. 13-4904 and authorized 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. OK62 (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 Minutes 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. Action: Adopted Resolution No. 13-4905 authorizing the City Manager to sign the Administering Agency -State Master Agreement and the Program Supplement Agreement and approved 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). 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. Action: Received and filed a notice from EPA to install soil vapor probes and a groundwater City Council Minutes 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. Action: Approved 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 Minutes 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. Action: Approved 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 is 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. Action: Received and filed 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. Action: Received and filed. N. ADOPTION OF RESOLUTION NO. 13-4906 — APPROVAL OF PAYMENT OF BILLS City Council Minutes April 16, 2013 Page 8 The City Council is requested to adopt Resolution No. 13-4906 authorizing payment of bills. Action: Adopted 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 governed 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. Mayor Sternquist opened public comment. Mayor Sternquist closed public comment. Mayor Pro Tem Blum made a motion to waive further reading and adopt Ordinance No. 13-970 by title only, an 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, seconded by Councilmember Yu and unanimously carried. B. SECOND READING AND ADOPTION 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 City Council Minutes April 16, 2013 Page 9 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. Community Development Director Persico gave a brief summary of the staff report. Mayor Sternquist opened public comment. Jerry Jambazian, Temple City business owner, commented that the adoption of this ordinance will not affect the 2013 firework season. Dina Piraino, Temple City resident, spoke in opposition of allowing fireworks in Temple City. Mayor Sternquist closed public comment. Mayor Pro Tem Blum made a motion to waive further reading and adopt Ordinance No. 13-968 by title only, an Ordinance 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, seconded by Councilmember Vizcarra and unanimously carried. 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. City Attorney Vail gave a brief summary of the staff report. Mayor Sternquist opened public comment. City Council Minutes April 16, 2013 Page 10 Mayor Sternquist closed public comment. Councilmember Chavez made a motion to waive further reading and adopt Ordinance No. 13-971 by title only, an Ordinance amending Municipal Code Section 2635 to allow for additional members on the Public Arts Commission, seconded by Councilmember Vizcarra. 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. Associate Planner Liu gave a brief summary of the staff report. Community Development Director Persico answered Council questions. Mayor Sternquist opened public comment. Loretta Quach, Temple City resident, 5920 Encinita Avenue, spoke in opposition of the restaurant project. Jim Clift, Temple City resident, spoke in opposition of approving the Parking Concession Agreement. City Council Minutes April 16, 2013 Page 11 Jov Carothers, Temple City business owner, 5912 Encinita Avenue, spoke in opposition of approving the Parking Concession Agreement. Vance Ho, Temple City business owner, 9219 Las Tunas Drive, spoke in opposition of approving the Parking Concession Agreement. Patsy Ma, Phoenix Boutique site acquisition representative, provided additional information regarding the restaurant and answered Council questions. Councilmember Vizcarra left the meeting at 8:58 p.m. and returned at 9:01 p.m. Elaina Chana, Phoenix Boutique Pastry Chef, answered Council questions regarding their other restaurant locations. Skvler Koqachi, architect for Phoenix Boutique, addressed Council and public concerns regarding parking and landscaping for the parking lot. Eva Marie Ortiz, commented about the uneven sidewalk in front of the Fire Department. Mary Kokavko, Temple City resident, spoke in opposition of approving the Parking Concession Agreement. Val Lai, owner and manager of 10 commercial units on 9233-51 Las Tunas Drive, spoke in opposition of approving the Parking Concession Agreement. Council recessed at 9:37 p.m. and reconvened at 9:46 p.m. Mayor Sternquist closed public comment. Councilmember Yu made a motion to approve the Parking Concession Agreement with the revision that off street in -lieu parking fee be increased from $3,750 to $10,000 and authorized the City Manager to execute the agreement with the property owner, seconded by Mayor Pro Tem Blum and unanimously carried by the following roll call vote: AYES: Councilmember: Chavez, Yu, Blum, Sternquist NOES: Councilmember: Vizcarra ABSTAIN: Councilmember: None City Council Minutes April 16, 2013 Page 12 City Attorney Vail added that Condition #25 in the conditional use permit approved by the Planning Commission will have to be revised to reflect the change in in -lieu parking fee (i.e., increase from $3,750 to $10,000). 10. COMMUNICATIONS — None 11. RECESS TO SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY MEETING At 10:27 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 10:27 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 announced upcoming City events: April 24, Wednesday, 7:00 p.m., Fixed Route Transit Workshop at the Historical Society Building; April 27, Saturday, 11:30 a.m. to 3:00 p.m., Food Truck Festival (south parking lot) at Live Oak Park; May 4, Saturday, 8:00 a.m. to 4:00 p.m., Budget Study Session to discuss the Fiscal Year (FY) 2013-14 City Budget at Live Oak Park; May 20, Monday, 7:00-9:00 p.m., continuation of the Budget Study Session for FY 2013- 14 City Budget in the Council Chamber; June 4, Tuesday, at 7:30 p.m., adoption of FY 2013-14 City Budget in the Council Chamber. 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 Committee (Councilmember Vizcarra and Yu) — Formed 7/03/2012 None B. Pocket Park Ad Hoc Committee (Councilmember Vizcarra and Mayor Sternquist) — Formed 914/2012 City Council Minutes April 16, 2013 Page 13 None C. Tier Medical Benefit Ad Hoc Committee (Councilmember Yu and Mayor Pro Tem Blum — Formed 11/06/2012 None D. Civic Center Master Plan Ad Hoc Committee (Councilmember Yu and Mayor Pro Tem Blum) — Formed 9/18/2012 The Ad Hoc had its meeting on Wednesday, April 10 at 10 a.m. E. Strategic Planning Ad Hoc Committee (Councilmember Yu and Mayor Pro Tem Blum) — Formed 4/2/2013 The Ad Hoc will have its first meeting on Friday, April 19 at 9 a.m. F. Budget Ad Hoc Committee (Councilmember Vizcarra and Mayor Sternquist) — Formed 4/2/2013 None G. School District/City Standing Committee (Councilmember Chavez and Mayor Pro Tem Blum) — Formed 1/03/2012 None H. Rosemead Boulevard Improvement Project Standing Committee (Councilmember Yu and Mayor Pro Tem Blum) — 6/3/2011 None City Code Review Standing Committee (Councilmember Chavez and Vizcarra) — Formed 11/06/2012 None J. Council Chamber Ad Hoc Committee The Ad Hoc met to discuss the Council Chamber renovation and will present its recommendation to the full Council during the May 4 Budget Study Session. City Council Minutes April 16, 2013 Page 14 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER CHAVEZ Commented on the Baldwin Avenue closure. Asked staff when the City will begin to address possible traffic issues due to the road closure. Community Development Director Persico will provide an update at the next regular City Council meeting of May 7. B. COUNCILMEMBER VIZCARRA Complimented on the carving of City seal on a tree stump in Temple City Park. C. COUNCILMEMBER YU — None D. MAYOR PRO TEM BLUM Invited the public to the Annual National Day of Prayer Observance on Thursday, May 2 from 6:00 to 7:30 p.m. at the Temple City Park and announced the "Every 15 Minutes" program at the Temple City High School from 9:00 a.m. to 3:00 p.m. E. MAYOR STERNQUIST Reminded the public that mosquito season is coming up soon and to be diligent about removal of standing water. Mayor Sternquist established an Ad Hoc Committee to set performance goals for the City Manager and appointed herself and Mayor Pro Tem Blum to the Ad Hoc. 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 10:43 p.m. Purpose: Anticipated Litigation Potential Cases: One (1) City Council Minutes April 16, 2013 Page 15 Authority: Representatives: No reportable action. Purpose: Property: Authority: Agency Negotiator: Owners Negotiator: Under Negotiation: Government Code Section 54956.9(b) City Attorney Acquisition of Real Property 5800 Temple City Blvd., Temple City, CA 91780 Government Code Section 54957.1(a)(1) Jose Pulido, City Manager Benton and Bonnie Lee Price and Terms of Site Acquisition or Lease Council instructed City Manager Pulido to close escrow on 5800 Temple City Boulevard. 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 9:10 p.m. in memory of the victims at the Boston Marathon. Mayor ATTEST: City Clerk