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HomeMy Public PortalAbout01) CC Agenda - 2013-12-3CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING DECEMBER 3, 2013 – 7:30 P.M. COUNCIL CHAMBERS – 5938 KAUFFMAN AVENUE 1. CALL TO ORDER – Mayor Sternquist 2. ROLL CALL – Councilmember Chavez, Vizcarra, Yu, Blum, Sternquist 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CEREMONIAL MATTERS – PRESENTATIONS A. PET OF THE MONTH B. CITY’S SHOWCASE COMMUNITY ART CONTEST WINNERS C. LONGDEN ROBOTICS TEAM D. SHERIFF’S MONTHLY ACTIVITIES UPDATE 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 December 3, 2013 Page 2 of 12 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGEND A 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. Closed Session Purpose: Anticipated Litigation Potential Cases: One (1) Authority: Government Code Section 54956.9(b) Representatives: City Attorney 8. CONSENT CALEND AR 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 M per recommendations. A. APPROVAL OF MINUTES The City Council is requested to review and approve: 1) Minutes of the City Council Regular Meeting of November 19, 2013; and 2) Minutes of the Special City Council Meeting of November 27, 2013. Recommendation: Approve. B. PLANNING COMMISSION ACTIONS – MEETING OF NOVEMBER 7, 2013 The City Council is requested to review the Planning Commission actions of their meeting of November 7, 2013. Recommendation: Receive and file. C. PLANNING AND PARKS AND RECREATION COMMISSION ACTIONS – SPECIAL JOINT MEETING OF NOVEMBER 12, 2013 The City Council is requested to review the Planning and Parks and Recreation Commission actions of their special joint meeting of November 12, 2013. Recommendation: Receive and file. City Council Agenda December 3, 2013 Page 3 of 12 D. PARKS AND RECREATION COMMISSION ACTIONS – SPECIAL MEETING OF NOVEMBER 20, 2013 The City Council is requested to review the Parks and Recreation Commission actions of their meeting of November 20, 2013. Recommendation: Receive and file. E. PUBLIC SAFETY COMMISSION ACTIONS – MEETING OF NOVEMBER 13, 2013 The City Council is requested to review the Public Safety Commission actions of their meeting of November 13, 2013. Recommendation: Receive and file. F. PUBLIC ARTS COMMISSION ACTIONS – MEETING OF NOVEMBER 6, 2013 The City Council is requested to review the Public Arts Commission actions of their meeting of November 6, 2013. Recommendation: Receive and file. G. APPROVAL OF THE PURCHASE AND SALE AGREEMENT OF 5922 PRIMROSE AVENUE [APN: 8587-014-021] AND RATIFICATION OF THE CITY MANAGER’S EXECUTION THEREOF Over the past year as opportunities have arisen, staff has been diligent in implementing recommendations of the Downtown Parking Strategic Plan. Purchasing the Primrose property now, at a time when real estate prices are relatively low, presents a viable and timely opportunity to provide for more public parking in the near future. Furthermore, given the Primrose Property is adjacent to a City owned building and parking lot, purchasing it could allow the City to assemble the properties for a future public parking structure—a recommendation identified in the Downtown Parking Strategic Plan. The purchase of the property at 5922 Primrose Avenue is in the interest of the City's economic development and in furtherance of the Downtown Parking Strategic Plan. The City Council has approved in general the terms of the Purchase and Sale Agreement, but Council approval of the agreement in open session is required for the agreement to become binding on the City, and an appropriation of funds for the purchase needs to be formally made by the Council. City Council Agenda December 3, 2013 Page 4 of 12 Recommendation: a) Approve the form and terms of the Purchase and Sale Agreement (PSA) of 5922 Primrose Avenue [APN: 8587-014-021] and the terms thereof; b) Ratify the City Manager's execution of the PSA (Attachment “A”) as being consistent with the direction given to the City Manager by the City Council; and c) Appropriate $1,250,000 from the City’s Economic Development Fund Reserve for the purchase of the property 5922 Primrose Avenue [APN: 8587-014-021]. H. APPROVE A BUDGET APPROPRIATION OF $26,175 FROM THE ECONOMIC DEVELOPMENT RESERVE TO COMPLETE AN APPRAISAL AND ALL ENVIRONMENTAL SITE ASSESSMENT WORK FOR THE 5922 PRIMROSE AVENUE PROPERTY The City is currently in escrow and in the process of completing the purchase of the Primrose Property. “Best practice” cities perform environmental site assessments (i.e., Phase I and Phase II if needed) as part of their due diligence for property acquisitions. After completion of the Phase I ESA, Ninyo & Moore notified the City that the Primrose Property was agricultural land for ten years. Due to the use of the site from approximately 1928 through 1938 (and the building structures have been present on the site since 1942) Ninyo & Moore has advised that further due diligence may be needed through a Limited Phase II ESA. Recommendation: Approve a budget appropriation of $26,175 from the City’s Economic Development Fund Reserve to complete an appraisal and all Environmental Site Assessment (ESA) work for the 5922 Primrose Avenue property (Primrose Property). I. FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER The City Council is requested to approve the First Amendment to the City Manager’s Amended and Restated Employment Agreement. Recommendation: Approve the First Amendment to the Amended and Restated Employment Agreement dated November 6, 2012, for the position of City Manager and authorize the Mayor to sign the First Amendment. City Council Agenda December 3, 2013 Page 5 of 12 J. REVIEW OF THE MOTORCYCLE TRAFFIC DEPUTY POSITION FOR LAW ENFORCEMENT CONTRACT WITH THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT (LASD) Under the City’s law enforcement contract with LASD, there are two major components that make up the Sheriff’s Department’s service: Basic and Supplementary. During the preparation of the Fiscal Year (FY) 2013 -14 City Budget, staff was asked to review the Sheriff Department’s service levels for effectiveness in addressing recent crime trends that were having a direct negative effect on community’s overall safety and quality -of-life standards (e.g., burglaries, narcotics violations, probation/parole compliance, etc .). Staff’s assessment was that the funding of a third dedicated deputy (offset by $100,000 Community Oriented Policing Services Grant) assigned to the Temple City Special Assignment Team would give LASD more resources to direct at addressing the increase in burglaries and narcotics violations citywide. Recommendation: Not to continue funding of the motorcycle traffic deputy position for the City’s law enforcement contract with the Los Angeles County Sheriff’s Department for the remainder of the FY 2013 - 14 (January 1, 2013 – June 30, 2014). K. FIRST AMENDMENT TO THE DIGITAL BILLBOARD ADVERTISING AND AMORTIZATION AGREEMENT BETWEEN THE CITY OF TEMPLE CITY AND TEMPLE CITY GATEWAY LLC Two years ago, Council approved the Digital Billboard Advertising and Amortization Agreement with an understanding that a subsequent amendment be executed to formalize conditions of the City’s advertising slots, as well as to address any unforeseen circumstances. With the billboard’s recent “go -live” launch, the proposed ame ndment defines three operative provisions for ease of use, greater clarification on certain ter ms and reasonable limitations. Council’s approval of the requested amendment provides the City with clear protocols in the programming of its provided advertis ing slots, as well as the establishment of another communications tools for purposes of publicizing community events and emergency notifications. This amendment also proactively addresses future Rosemead Boulevard tree maintenance concerns so as not to potentially obstruct billboard visibility, while promoting local economic development by allowing Temple City businesses to prominently advertise their goods and services at a significantly reduced advertising rate. City Council Agenda December 3, 2013 Page 6 of 12 Recommendation: Review and approve the First Amendment to the Digital Billboard Advertising and Amortization Agreement between the City and Temple City Gateway LLC; and authorize the City Manager to execute said Amendment with Temple City Gateway LLC. L. VISA CARD REPORT The City Council is requested to review, receive and file the Visa Card Report. Recommendation: Receive and file. M. ADOPTION OF RESOLUTION NO. 13-4958 APPROVAL OF PAYMENT OF BILLS The City Council is requested to adopt Resolution No. 13-4958 authorizing the payment of bills. Recommendation: Adopt Resolution No. 13-4958. 9. UNFINISHED BUSINESS A. SECOND READING AND ADOPTION OF ORDINANCE NO. 13–984 AMENDING THE TEMPLE CITY MUNICIPAL CODE (TCMC), TITLE 8 (“STORM WATER POLLUTANT ELIMINATION”) CHAPTERS 1-4, TO ESTABLISH AND MAINTAIN ADEQUATE LEGAL AUTHORITY TO IMPLEMENT THE PROVISIONS OF THE NEW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) As provided in the staff report for the November 19, 2013, City Council Meeting, Temple City is required under Section VI.A.2.b of the MS4 Permit to submit a statement certified by the City Attorney that the City has the legal authority within its jurisdiction to implement and enforce the requirements of the new MS4 permit. This certification must be submitted to the Regional Board along with the annual report, which is due December 15, 2013. Presentation: Public Safety and Services Manager Recommendation: Waive further reading and adopt Ordinance No. 13-984 amending Chapters 1- 4 of Title 8 (“Storm Water Pollutant Elimination”) of the Temple City Municipal Code to establish and maintain adequate legal authority to implement the City Council Agenda December 3, 2013 Page 7 of 12 provisions of the newly adopted National Pollutant Discharge Elimination System Storm Water Permit for Municipal Separate Strom Sewer Systems. B. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-983 REPEALING AND REPLACING TITLE 3, CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PUBLIC TREES At the November 19, 2013 City Council Meeting, no changes to the ordinance was made. Adoption of Ordinance No. 13-983 would repeal the existing Roadside Trees Ordinance and replaces it with the proposed Tree Preservation and Protection Ordinance. The proposed Ordinan ce reflects current best practices relative to public trees and establishes policies, procedures, and expectations for City-owned trees located in public rights of way. Presentation: Parks and Recreation Director Recommendation: Waive further reading and adopt Ordinance No. 13-983 repealing and replacing Title 3, Chapter 4, Article D of the Temple City Municipal Code relating to public trees. C. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-982 CORRECTING ORDINANCE SECTION NUMBERING ERRORS IN ORDINANCE NO. 13-975 PERTAINING TO HOOKAH/SMOKE LOUNGE LANGUAGE At the November 19, 2013 City Council Meeting, there were no comments by the City Council or the members of the public, and no changes to the ordinance were made. Adopting Ordinance No. 13 -982 will correct the identified duplication of numbering for the Zoning Code that resulted from the two recent code amendments. It will also enable the Codifier to properly incorporate the newly adopted amendments into the Zoning Code document published online. The City Council is requested to adopt Ordinance No. 13 -982 to correct the numbering errors in Ordinance No. 13-975. Presentation: Community Development Director Recommendation: Waive further reading and adopt Ordinance No. 13 -982, correcting code section numbering errors in Ordinance 13 -975 by changing Section 9453 to 9452 and change Section 9454 to 9453. City Council Agenda December 3, 2013 Page 8 of 12 D. PUBLIC HEARING AND ADOPTION OF ORDINANCE NO. 13-985 REPEALING AND ADOPTING NEW CHAPTERS OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 7 (“BUILDING REGULATIONS”), CHAPTER 1 (“BUILDING CODE”), CHAPTER 2 (“MECHANICAL CODE”), CHAPTER 3 (“ELECTRICAL CODE”), CHAPTER 4 (“PLUMBING CODE”), CHAPTER 5 (“RESIDENTIAL CODE”) , CHAPTER 6 (“GREEN BUILDING STANDARDS CODE”), AND ADDING CHAPTER 7 (“SWIMMING POOL AND SPA CODE”) On November 19, 2013, the City Council introduced Ordinance No. 13 -985 repealing Chapters 1-6 of Temple City Municipal Code Title 7 (“Building Regulations”) and adopting new Chapters 1-7 of Title 7. To make the local amendments to the 2014 Los Angeles County Codes effective within the City of Temple City, the City Council must make a finding that the proposed Los Angeles County amendments to the State Code are based on climatic, topographic and/or geologic conditions local to the City o f Temple City. Because the City of Temple City is located within the same seismic design category as most of the County of Los Angeles and has the same weather related issues, (chiefly high fire danger from late summer/early fall Santa Ana winds), staff believes that all of the climatic, topographic and geologic conditions identified by the County of Los Angeles are fully applicable to and appropriate for the City of Temple City. The City Council is requested to adopt Ordinance No. 13-985 adopting the Los Angeles County Codes by reference with local amendments to ensure that Temple City is meeting the most current building and safety standards. Presentation: Community Development Director Recommendation: Conduct a public hearing to adopt Ordinance No . 13-985 by title only repealing and adopting new chapters of the TCMC Title 7 (“Building Regulations”), Chapter 1 (“Building Code”), Chapter 2 (“Mechanical Code”), Chapter 3 (“Electrical Code”), Chapter 4 (“Plumbing Code”), Chapter 5 (“Residential Code”) , Chapter 6 (“Green Building Standards Code”), and adding Chapter 7 (“Swimming Pool and Spa Code”) thereby adopting by reference portions of the 2013 California Code of Regulations as amended by the County of Los Angeles as the 2014 County Codes (Title 26 - Building Code, Title 27 - Electrical Code, Title 28 - Plumbing Code, Title 29 - Mechanical Code, Title - 30 Residential Code, Title 31 - Green Building Standards) and adopting by reference the 2012 International Swimming Pool and Spa Code as the City of Temple City 2014 Building and Safety Code. City Council Agenda December 3, 2013 Page 9 of 12 10. NEW BUSINESS A. CONCEPTUAL APPROVAL OF THE FIXED-ROUTE TRANSIT STUDY Currently, the City’s public transportation service is limited to membership Dial- A-Ride for local senior and mobility-impaired community members. Over the years, residents have expressed desire for a general population shuttle system—a sentiment supported in the study’s survey results which found approximately 92% of 438 respondents indicating support for local transit, and 85% indicating likelihood of using an available service for local travel. With a clear desire for local transit in Temple City, the Council set aside funds the last two fiscal years for the completion of a needs assessment study, as well as possible implementation of a system. Over the past year, staff has worked with Diversified Transportation Solutions (DTS) on the Study— including survey of community demand, review of existing conditions (e.g., the current transportation network, recommendations from existing studi es, available program resources, etc.), and identification of potential routes. DTS’s proposed four service plan alternatives, including one recommended. Each identifies different routes that link expressed destinations of interest and existing transit connections, as well as associated operating costs. Presentation: Parks and Recreation Director Recommendation: 1) Receive a presentation by Diversified Transportation Solutions (DTS) on findings and recommendations from the recently completed Fixed -Route Transit System Needs Assessment Study (Study); 2) Approve the Fixed-Route Transit Study Alternatives Analysis Report (Attachment “A”) and DTS’s Recommended Service Plan in concept; and 3) Direct staff to explore opportunities for transit implementatio n by soliciting proposals during the Dial-A-Ride (DAR) service operations Request for Proposals (RFP) process in Spring 2014. B. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-986 AMENDING THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION AS SET FORTH IN TITLE 2 (“ADMINISTRATION”), CHAPTER 6 (“CITY COMMISSIONS”), ARTICLE E (“PUBLIC SAFETY COMMISSION”), SPECIFICALLY, SECTIONS 2680, 2681, 2683, AND 2687 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION City Council Agenda December 3, 2013 Page 10 of 12 The Public Safety Commission (Commission) was reinstated for the purpose of providing recommendations to the City Council with matters pertaining to the administration of public safety programs (i.e., vehicular traffic and pedestrian safety, vehicular parking control, and emergency preparedness). Since the reinstatement of the Commission, a majority of the Commission’s efforts have been focused on adjudicatory matters (i.e., reviewing parking citation appeals) as the City had not yet completed its public safety plans. Now that the City has completed the various public safety plans (i.e., Bike Master Plan, Downtown Parking Strategic Plan, and the City Wide Traffic Calming Plan), moving forward, the Commission will be asked to provide City Council recommendations for implementation of the various public safety plans. Staff is recommending the amendments to better reflect the Commission’s proposed role. Presentation: Public Safety Supervisor Recommendation: 1) Introduce Ordinance No. 13-986 (Attachment “A”) for first reading by title only, amending Title 2 (“Administration”), Chapter 6 (“City Commissions”), Article E (“Public Safety Commission”), specifically, Sections 2680, 2681, 2683, and 2687 of the Temple City Municipal Code; 2) Waive further reading of Ordinance No. 13-986; and 3) Schedule the second reading of Ordinance No. 13-986 for January 7, 2014. 11. COMMUNIC ATIONS – None 12. RECESS TO SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY MEETING 13. ACTIONS T AKEN BY CITY AS SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY 14. UPDATE FROM CITY MAN AGER 15. COUNCIL REPORTS REGARDING AD HOC OR STANDING COMMITTEE MEETINGS A. Rosemead Boulevard Improvement Project Standing Committee (Councilmember Yu and Mayor Pro Tem Blum) – Formed 6/3/2011 B. School District/City Standing Committee City Council Agenda December 3, 2013 Page 11 of 12 (Councilmember Chavez and Mayor Pro Tem Blum) – Formed 1/3/2012 C. City Code Review Standing Committee (Councilmember Chavez and Vizcarra) – Formed 11/6/2012 D. Strategic Planning Ad Hoc Committee (Councilmember Yu and Mayor Pro Tem Blum) – Formed 4/2/2013 E. City Manager Performance Goal Ad Hoc Committee (Mayor Pro Tem Blum and Mayor Sternquist) – Formed 4/16/2013 F. Civic Center Master Plan Standing Committee (Councilmember Yu and Mayor Pro Tem Blum) – Formed 5/13/2013 G. Las Tunas Drive Streetscape & Pedestrian Improvement Standing Committee (Councilmember Vizcarra and Yu) – Formed 8/20/2013 16. COUNCIL ITEMS SEPAR ATE FROM THE CITY M AN AGER’S REGULAR AGEND A A. COUNCILMEMBER CHAVEZ B. COUNCILMEMBER VIZCARRA C. COUNCILMEMBER YU D. MAYOR PRO TEM BLUM E. MAYOR STERNQUIST 17. REIMBURSEMENT OF EXPENSES TO CITY OFFICIALS FOR CONDUCT OF CITY BUSINESS AND FOR CITY PAYMENT OF CONFERENCE EXPENDITURES A. COUNCILMEMBER CHAVEZ – None B. COUNCILMEMBER VIZCARRA – None C. COUNCILMEMBER YU – None D. MAYOR PRO TEM BLUM – None E. MAYOR STERNQUIST – None City Council Agenda December 3, 2013 Page 12 of 12 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. ADJOURNMENT NEXT REGULAR MEETING OF: CITY COUNCIL 7:30 P.M. JANUARY 7, 2013 PLANNING COMMISSION 7:30 P.M. DECEMBER 10, 2013 PARKS & RECREATION COMMISSION 7:30 P.M. DECEMBER 18, 2013 PUBLIC SAFETY COMMISSION 7:30 P.M. DECEMBER 11, 2013 PUBLIC ARTS COMMISSION 7:00 P.M. DECEMBER 4, 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 Hall, 9701 Las Tunas Drive, Temple City, California, and available for review during regular off ice 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. Marilyn Bonus, Deputy City Clerk Signed and Posted: November 27, 2013 (6:00 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.