HomeMy Public PortalAbout04) 7A CCM 2011-12-201. CALL TO ORDER
CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
DECEMBER 20, 2011
AGENDA
ITEM ?.A.
Mayor Chavez 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. ROLLCALL
PRESENT: Councilmember-Bium, Sternquist, Vizcarra, Yu, Chavez
ABSENT : Councilmember-None
ALSO PRESENT: City Manager Pulido, City Attorney Vail, Parks & Recreation
Director Burroughs, City Clerk Flandrick, Associate Planner
Gulick, Assistant to the City Manager Haworth, Associate
Planner Liu, Community Development Director Masura
3. INVOCATION
Reverend David Palmer, First United Methodist Church, provided the Invocation .
4. PLEDGE OF ALLEGIANCE
Temple City resident Franklin Ruedel led those present in the Pledge of
Allegiance to the Flag .
5. CEREMONIAL MATTERS -PRESENTATIONS
A. STATE OF THE STATE UPDATE BY SENATOR CAROL LIU
Senator Carol Liu provided an update on recent State legislation and the
2011-12 Fiscal Year Budget.
6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Franklin Ruedel, Temple City resident, thanked the City and Edison for their
efforts in restoring electricity, but cautioned that ratepayers will be paying more.
7. CONSENT CALENDAR
Mayor Pro Tern Yu moved to approve the Consent Calendar, seconded by
Councilmember Blum and unanimously carried by the following roll call vote :
City Council Minutes
December 20, 2011
Page 2
AYES:
NOES:
Councilmember-Bium , Sternquist, Vizcarra, Yu, Chavez
Councilmember-None
ABSENT: Councilmember-None
ABSTAIN: Councilmember-None
A. APPROVAL OF MINUTES
Approved as presented:
1) Minutes of the City Council Regular Meeting of December 6, 2011;
and
2) Minutes of the City Council Emergency Meetings of:
a) December 1, 2011;
b) December 2, 2011;
c) December 3, 2011;
d) December 5, 2011;
e) December 8, 2011.
B. APPROVAL OF PROGRESS PAYMENT NO. 10 (FINAL PAYMENT) TO
HIRSCH & ASSOCIATES, INC. FOR WORK PERFORMED ON THE LIVE
OAK PARK CIRCULAR PLANTER RENOVATION PROJECT
Approved progress payment No . 10 (final payment), in the amount of
$300, to Hirsch & Associates, Inc. for professional architectural services
performed for the Live Oak Park Circular Planter Renovation Project (P10-
03).
C. APPROVAL OF THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (MTA) LETIER OF AGREEMENT
(LOA) FOR THE ROSEMEAD BOULEVARD BEAUTIFICATION
PROJECT
1) Approved the Letter of Agreement with the Los Angeles County
Metropolitan Transportation Authority (MTA) for the Rosemead
Boulevard Beautification Project; and
2) Authorized the City Manager to finalize and execute the Letter of
Agreement.
D. ADOPTION OF RESOLUTION NO. 11-4784 APPROVING AND
ADOPTING THE CITY'S EMERGENCY OPERATIONS PLAN
Adopted Resolution No. 11-4784, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND
City Council Minutes
December 20, 2011
Page 3
ADOPTING THE CITY OF TEMPLE CITY EMERGENCY OPERATIONS
PLAN.
E. CONSULTANT SERVICES AGREEMENT WITH GRUEN ASSOCIATES-
AMENDMENT NO. 6
1) Approved the Sixth Amendment to the consultant services
agreement with Gruen Associates, in the amount of $23,935, to
provide the City with additional design and survey services
associated with the Rosemead Boulevard Project; and
2) Authorized the City Manager to execute Amendment No. 6 to the
consultant services agreement with Gruen Associates .
F. RESOLUTION NO. 11-4781 AND RESOLUTION NO. 11-4782
SUPERCEDING EMPLOYER PAID MEMBER CONTRIBUTIONS
ADOPTED ON JULY 16 ,2002 BY RESOLUTION NO. 02-4102
1) Adopted Resolution No . 11-4781, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY REDUCING THE
AMOUNT OF EMPLOYER PAID MEMBER CONTRIBUTION TO
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM FOR FULL-TIME EMPLOYEES HIRED BEFORE
JANUARY 1, 2012 BY ONE PERCENT (1%); and
2) Adopted Resolution No. 11-4782 , a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY ELIMINATING
PAYMENT OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO
THE CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT
SYSTEM FOR EMPLOYEES HIRED ON OR AFTER JANUARY 1,
2012 .
G. VISA CARD REPORT
Received and filed the Visa Card Report.
H . ADOPTION OF RESOLUTION NO . 11-4786 -APPROVAL OF PAYMENT
OF BILLS
Adopted Resolution No. 11-4786, a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $328,875 .44 DEMAND NO . 33367
THROUGH 33471.
City Council Minutes
December 20, 2011
Page 4
ORDEROFAGENDACHANGED
1 0. COMMUNICATIONS
A. CHAMBER OF COMMERCE MONTHLY REPORT
Peter Choi, newly appointed President of the Chamber, in addition to the
submitted written report of Chamber events and activities, provided
information on the Chamber's new focus and direction for the future.
8. UNFINISHED BUSINESS -None
9. NEW BUSINESS
A. PUBLIC HEARING: APPEAL OF A PLANNING COMMISSION
DECISION APPROVING CONDITIONAL USE PERMIT 11-1795 - A
REQUEST TO ESTABLISH A PRESCHOOUKINDERGARTEN AT 5537
TEMPLE CITY BOULEVARD (Applicant binder available in the City
Clerk's Office)
Community Development Director Masura provided an overview of the
request, stating on October 25, the Planning Commission conducted a
public hearing and adopted a Resolution approving Conditional Use
Permit 11-1795 to allow the establishment of a preschool/kindergarten at
5537 Temple City Boulevard. The subject site is currently occupied by
Grace Baptist Church and the request is to co-locate a
preschool/kindergarten with the church . The proposed business will
occupy three accessory buildings in the rear with a total floor area of 3,051
square feet. The Planning Commission approved the request in a 3-2
vote.
On November 7, 2011, the decision was requested to be reviewed by the
City Council because of the neighbors' concern about noise, claiming that
the existing use had generated serious noise impact on their properties.
The noise issues were associated with evening congregation meetings
conducted on the site.
At the October 25 1h Planning Commission meeting, staff had
recommended approval of the project based on the land use pattern and
the result of the traffic impact assessment. Co-locating a
preschool/kindergarten with an existing religious establishment could be a
compatible use in terms of parking and traffic concerns. Also, pursuant to
the zoning regulation, the school daytime use is a compatible joint use
with the church night time use. Staff recommended upholding the
Planning Commission's decision, but has provided Council with other
City Council Minutes
December 20, 2011
Page 5
options including modifying the conditions or denying the request.
Seventeen conditions were included as part of the Planning Commission
Resolution, which were pointed out. The Planning Commission did not
feel the issue brought up, particularly concerning noise were s ignificant
enough to change the conditions. The City Council was requested to
review the Planning Commission's decision and the resolution approving
the Conditional Use Permit, and to make a final determ ination based on
any information or public testimony provided .
With the aid of a power point presentation, Associate Planner Liu provided
a site description, land use zoning, and location of the proposed
classroom buildings .
Mayor Chavez opened the public hearing.
Eileen Li, applicant, referred to a petition of support signed by 230
residents, and described the preschool plan and curriculum using four
classrooms for children ranging from 2% to 6 years old . Ms . Li also
previously submitted a packet of information on the proposed preschool to
the City Council.
Ms . Li answered questions from Council throughout her presentation.
Councilmember Sternquist inquired about the Saturday program which
she felt might change the scope of the proposed purpose of the
application . As there is an excess of 20 schools in the City all competing
for Chinese language schooling, she asked if Ms . Li would consider
eliminating that Saturday program as it was not the foundation of her
request and might have additional impacts.
Ms. Li explained that the Saturday program is an optional Chinese
language program for children of the same age group . She felt there was
a need for a Saturday class as there are currently only two open on
Saturdays in residential areas.
The following persons spoke in favor of the request:
Jeff Leo, Attorney for the applicant; Steve Tyre, Temple City bus inessman;
Harmony Plantenga, Temple City resident; Gloria Villicana, Temple City
resident; Jack Yiu, Temple City resident; Reverend Joseph Yang , St Luke
Catholic Church ; Jim Law, Temple City resident; Wallace Fu , El Monte
resident; and Anita Lu, Temple City resident.
The following persons spoke in opposition of the reques t:
Bill Burrows, Temple City resident; Ted Maesaki, Temple C ity res ident;
Penny Sprinkel, Temple City resident; Phyllis Roehr, Temple City resident ;
Vivien Li, Temple City resident; Robert Urguiddi, Temple City resident.
City Council Minutes
December 20, 2011
Page 6
Steve Morelli, Pastor of Grace Baptist Church, responded to issues of
noise levels, repair of patio roof, removal of vehicles from the property,
and outdoor speakers, brought up by previous speakers.
Michelle Chung, Temple City resident, spoke in favor of the request.
Kenny Rogers, Church Board Chairman, said he intended to address all
issues brought up if the request is approved.
Charles Kraut , Temple City resident, spoke in opposition to the request.
Hearing no other requests to speak, either for or against this item, the
public hearing was closed.
RECESS/RECONVENE
The City Council meeting was recessed at 9:42 p.m . and reconvened at
9:49p.m. with all Councilmembers present.
Council deliberation took place and staff responded to Council's
questions. In response to complaints of excessive noise, City Attorney
Vail stated one of the findings to be made in approving the application is
that it would have no adverse effect on neighboring properties and for
purposes of this application it refers to this specific use . But that use is
fitting into the existing context at the site and Council will need to make
that decision if the existing noise would be compounded by this use and
be considered an adverse impact.
Council discussion continued, including issues regarding the Church's
present contract users, the possible negative impacts they create on the
neighborhood, and mitigation measures that might be employed . Other
issues involved site ingress and egress, increased traffic, and property
maintenance .
After further discussion, Council concurred that additional information was
needed to make a decision on this matter.
Councilmember Blum moved to direct staff to re-notice this item as a
public hearing to be scheduled for the City Council meeting of February 7,
2012 , based on the testimony received and to provide time to gather
add itional information, seconded by Councilmember Vizcarra and
unanimously carried by the following roll call vote :
AYES :
NOES :
Councilmember-Bium, Sternquist, Vizcarra, Yu , Chavez
Councilmember-None
City Council Minutes
December 20, 2011
Page 7
ABSENT:
ABSTAIN:
Councilmember-None
Councilmember -None
B. PUBLIC HEARING: INTRODUCTION OF ORDINANCE NO. 11-951 -
DOWNTOWN SPECIFIC PLAN AMENDMENT CONDITIONALLY
PERMITTING DANCE AND EXERCISE SCHOOLS/STUDIOS IN THE
EAST COMMERCIAL (EC) DISTRICT OF THE DOWNTOWN SPECIFIC
PLAN
Associate Planner Gulick presented background information on this item,
stating the Downtown Specific Plan was originally approved in 1993 with
only three land use districts. At that time the East Commercial (EC)
District consisted primarily of medical offices as the Downtown Specific
Plan was developed to encourage medical offices in this district. In 2002,
the Plan was significantly revised , with the creation of three new districts.
Although the EC District's boundaries were not modified, the EC District
received a new focus -"the development of medical and professional
offices and related services, including eateries such as fast-food
establishments ."
In 2009, the Plan was again amended to permit and conditionally permit
several uses in the EC District due to the large number of vacancies in the
area . On December 13, 2011, the Planning Commission approved (by a 3
to 1 vote) a d raft resolution recommending that the City Council adopt an
ordinance that would amend the Downtown Specific Plan Land Use Matrix
to conditionally permit Dance and Exercise Schools/Studios in the EC
District.
In reviewing the Downtown Specific Plan Land Use Matrix, staff noted that
the Dance and Exercise Schools/Studios use is conditionally permitted in
the four other commercial districts. This use would have no conflicts with
the medical and dental professional offices that account for the majority of
the uses in the EC District, as Dance and Exercise Schools/Studios
typically operate in the evening and weekends, opposite from the
operating hours of the professional offices. Also, with only three existing
Dance and Exercise Schools/Studios in the City, it would also not create
an influx of new dance and exercise businesses . It was recommended
that the Council conduct the public hearing, adopt the Negative
Declaration and introduce Ordinance No. 11-951 on first reading.
Mayor Chavez opened the public hearing .
Hearing no requests to speak , either for or against this item, the public
hearing was closed.
City Council Minutes
December 20, 2011
Page 8
At the request of Council, City Clerk Flandrick read the title of Ordinance
No . 11-951.
Councilmember Blum moved to :
1) Adopt a motion waiving further reading of proposed Ordinance No .
11-951; and
2) Adopt a motion introduc ing on first reading, by title only , proposed
Ordinance No . 11-951, an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AMENDING THE DOWNTOWN
SPECIFIC PLAN LAND USE MATRIX CONDITIONALLY
PERMITTING DANCE AND EXERCISE SCHOOLS/STUDIOS IN
THE EAST COMMERCIAL (EC) DISTRICT OF THE DOWNTOWN
SPECIFIC PLAN,
seconded by Councilmember Sternquist and unanimously carried by the
following roll call vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Councilmember-Bium , Sternquist, Vizcarra, Yu, Chavez
Councilmember -None
Councilmember -None
Councilmember-None
11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING
At 10 :33 p.m ., the City Council recessed to the Community Redevelopment
Agency Meeting. Minutes of the Agency Meeting are set forth in full in the
Agency 's records .
RECONVENE AS CITY COUNCIL
The City Council meeting was reconvened at 10:35 p .m. with all Councilmembers
present.
12. ACTION ON REQUEST BY CRA -None
13. UPDATE FROM CITY MANAGER
City Manager Pulido provided an update on the City's recovery process in
clearing debris, removing flags and banners determined to be safety hazards
and identifying sidewalks and signs to be repaired . Council may be asked to
consider establishing a Tree Commission to professionally deal with the
replacement of trees lost in the storm. In the meantime staff is moving forward
with final cost documentation to request reimbursement from the State, pending
approval by the Governor.
City Council Minutes
December 20, 2011
Page 9
14. MATTERS FROM CITY OFFICIALS -None
15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS
Mayor Chavez reported on attending a preliminary meeting today with staff
toward initiating a Citizen Academy. Details were finalized with next February
targeted to begin the application process, and classes set to start in April of
2012.
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR
AGENDA
A. COUNCILMEMBER BLUM
Councilmember Blum, referring to the update from the City Manager,
added that the replacement of trees may open opportunities for the Safe
Routes to Schools Program.
B. COUNCILMEMBER STERNQUIST
Councilmember Sternquist provided an update on resident Mary Burke's
recovery and wished her the best.
C . COUNCILMEMBER VIZCARRA
Councilmember Vizcarra wished everyone a good healthy holiday.
D. MAYOR PROTEM YU
Mayor Pro Tern Yu suggested an ad hoc or task committee be appointed
to study the emergency response within the City .
Mayor Chavez suggested an open forum or study session including all of
the responders and in which to provide public participation.
Mayor Pro Tern Yu wished everyone happy holidays .
E. MAYOR CHAVEZ
Mayor Chavez thanked Parks & Recreation Director Burroughs and her
staff for the Lights on Temple City event.
He also reported on the Youth Committee which hosted a cleanup on Las
Tunas Drive this past Saturday. The Committee Members, volunteers and
City staff walked down Las Tunas Drive to Rosemead Boulevard and back
City Council Minutes
December 20, 2011
Page 10
and picked up trash. They did a great job and overall it was a good
project. Next week they will tour Athens facilities.
At the request of Councilmember Sternquist, Parks & Recreation Director
Burroughs provided details of the upcoming Senior Lunch Program
Christmas Party which the seniors planned for Saturday at noon. All
seniors are invited to come and enjoy this special holiday luncheon .
17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT
OF CITY BUSINESS
A . COUNCILMEMBER BLUM-None
B. COUNCILMEMBER STERNQUIST -$438.02 (hotel accommodations)
and $63.00 (reimbursement of expenses) -Joint Powers Insurance
Authority Conference
C. COUNCILMEMBER VIZCARRA -$468.02 (Hotel accommodations) and
$190.42 (reimbursement of expenses)-Joint Powers Insurance Authority
Conference
D. MAYOR PRO TEM YU -$458.02 (hotel accommodations) and $190.42
(reimbursement of expenses) -Joint Powers Insurance Authority
Conference
E. MAYOR CHAVEZ -$458.02 (hotel accommodations) and $190.42
(reimbursement of expenses) -Joint Powers Insurance Authority
Conference
18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE
AGENDA
Franklin Ruedel, Temple City resident , asked if the damaged Blue Star flags
would be replaced.
Mayor Chavez responded that the City is in the process of evaluating that
situation .
Mr. Ruedel also asked that the Council adjourn in memory of Bill Perini and
Steve Entzle at the close of the meeting, and provided information on these two
long-term residents of Temple City and their contributions to the community.
Jerry Jambazian, Temple City businessman, thanked Bill Hackett for his service
to the City, Chamber and School District as Assemblyman Portantino 's aide,
upon his leaving that office.
City Council Minutes
December 20, 2011
Page 11
He also asked that the Council remember Mr. Perini and Mr. Entzle when
adjourning the meeting.
19. CLOSED SESSION -None
20. ADJOURNMENT
The City Council Regular Meeting was adjourned at 11:06 p.m. in honor and in
memory of Steve Entzle and Bill Perini.
Mayor
ATTEST:
City Clerk
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