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HomeMy Public PortalAboutCity Council_Minutes_1988-04-05_Regular 19881 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES APRIL 5, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on April 1, 1988 Mayor Gil - landers called the meeting of the City Council to order at 7:30 p.m. on Tuesday, April 5, 1988. 2. The invocation was given by Reverend David Brinkley, Church of Christ, 5272 North Sereno Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Gil - landers. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Swain, Froehle, Gillanders Councilman- Dennis City Manager Koski, City Attorney Martin, Community Devel- opment Director Dawson, Public Works Coordinator Peterson, Julie Estrada of the Temple City Timcg and a representative of the San Gabriel Valley Tribune. Councilman Atkins moved to excuse Councilman Dennis with cause, seconded by Councilman Froehle and unanimously car- ried. PRESENTATION: Mayor Gillanders presented to Mary Willford, Chief Deputy City Clerk, an orchid corsage as a farewell gift from the Council as this would be her last City Council meeting. Mary Willford was recently appointed City Clerk for the City of San Marino. Mayor Gillanders indicated that her years of dedication and service were very appreciated and would like to extend the best of luck on behalf of the City Council. Mayor Gillanders presented to City Attorney Martin a tile plaque on behalf of the Mayor and City Council in recogni- tion for 40 years of outstanding public service in the field of municipal law. Mayor Gillanders added that his service to the City of Temple City and the people of Temple City has been tremendously appreciated by the Council's of past and present and has always been in the best interest of the people. City Attorney Martin stated that it has always been a pleas- ure to work with the City of Temple City over the last 24 years. PROCLAMATION Mayor Gillanders presented a Proclamation to Mr. David Camp in recognition of National Library Week, April 17 -23, 1988. Mayor Gillanders wished to express to Mr. Camp the apprecia- tion of the Council and the residents of Temple City for the many years of service which the Library has provided. Council Minutes, April 5, 1988 - Page 2 5. CONSENT CALENDAR Councilman Froehle requested Item 5.B.2 be removed from the Consent Calendar; Councilman Atkins moved to approve the remainder of the Consent Calender as recommended, seconded by Councilman Swain and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of March 15, 1988. Approved as written with Mayor Gillanders abstaining. B. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION MEETING OF MARCH 16, 1988: (1) REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK BY TEMPLE CITY GIRL SCOUTS - City Council approved the use of L- shaped Picnic Shelter to conduct a Day Camp August 1 -5 and one overnight stay on August 4 subject to the required Certificate of Insurance and adult chaperones. (3) REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK BY TEMPLE CITY PONY USA /JAPAN FRIENDSHIP SERIES - Council approved the use of Picnic Shelters at Live Oak Park to conduct a picnic and auction to help defray cost of transporting Pony League Players to Japan, subject to the required Certificate of Insurance. (4) REQUEST RECEIVED FROM TEMPLE CITY YOUTH VOLLEYBALL FOR RESERVED USE OF LIVE OAK PARK - Council approved the use of Live Oak Park on April 16, 1988 for registration and volleyball demonstra- tion subject to the required Certificate of Insur- ance. C. ORDINANCE NO. 88 -630 (2nd Reading) ZONING CODE AMEND- MENTS RELATING TO MINIMUM LOT WIDTH AND SIDE YARD RE- QUIREMENTS FOR MULTIPLE FAMILY RESIDENTIAL PROJECTS - City Council waived further reading and adopted ORDI- NANCE NO. 88 -630, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9110, 9113, 9350, 9352, 9362 AND 9563 OF THE TEMPLE CITY ZONING CODE RELATING TO MINIMUM LOT WIDTHS AND SETBACKS FOR R -2 AND R -3 USES. D REGISTRAR - RECORDER REQUEST TO USE CIVIC CENTER AS CHECK - IN CENTER FOR THE JUNE 7, 1988, PRIMARY ELECTION - City Council approved the request from the County to use the Civic Center to check in ballots and supplies from 72 surrounding precincts on June 7, 1988. E. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF MARCH 22, 1988 City Council received and filed the memo outlining action taken by the Planning Commission at their regular meeting March 22, 1988. F CALIFORNIA CONTRACT CITIES ASSOCIATION ANNUAL MUNICIPAL SEMINAR - PALM SPRINGS, MAY 19 -22, 1988 - Council approved attendance of City Officials to the 29th Annual Contract Cities Seminar and approved neces- sary expenditures. Council Minutes, April 5, 1988 - Page 3 G. CRA SEMINAR - APRIL 14 -15, 1988, PALM SPRINGS - Council approved the attendance of the Community Devel- opment Director to attend a seminar on "Revitalizing Shopping Centers and Downtown Through Redevelopment" and authorized the necessary expenditures. H. CCAC POST- INSTITUTE SEMINAR "MANAGEMENT /FUNCTIONS OF CITY CLERK'S OFFICES" - APRIL 29 -30, 1988 City Council approved the attendance of Deputy City Clerk to the Post Institute Seminar and authorized the necessary expenditures. I. RESOLUTION NO. 88 -2771: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 88 -2771 approving claims and demands in the amount of $299,307.33. B (2) OPERATION OF THE SWIMMING POOL AT TEMPLE CITY HIGH SCHOOL DURING THE SUMMER SEASON - Councilman Froehle stated that in the past the County has provided the cost of the lifeguards for the summer months and the City and the School District has split the cost of maintenance and heating of the swimming pool. This year the school district has informed the City that it will not be entering into this agreement and is asking the City to finance the entire bill of approximately $8,500. Councilman Froehle stated the importance of this program and indicated there are only a couple of options available which is 1) to cover the cost of heating and maintenance or 2) to not heat the pool and save approximately one -half the cost or $4,000. Additionally, he inquired as to the amount of time the school district would anticipate utilizing the pool during the summer. Director of Parks & Recreation, Vic Kobett stated that he is not aware of how much time, if any, the school district intends to utilize the pool and should the pool not be heated there is approximate- ly a 6 -8 degree difference in temperature. Councilman Swain stated her concern over the tem- perature variance since the lessons begin in the early morning with the very young children and suggested pro rating a fee for the School District based on their use of the pool. Councilman Swain moved to approve the continued use of the pool during the summer months including the cost of heating and maintenance, requested that staff study the proposal of a pro -rated fee to be assessed to the school district for usage and referred this matter to a budget study session, seconded by Councilman Froehle and unanimously carried. 6. UNFINISHED BUSINESS: A. ORDINANCE NO. 88 -629 (2nd Reading) ZONING CODE AMEND- MENTS TO PERMIT THE SUBDIVISION OF LARGE SIZED R -1 ZONED LOTS - Council Minutes, April 5, 1988 - Page 4 City Manager Koski provided background information stating that on March 15, 1988 the City Council intro- duced an Ordinance which would allow for the subdivision of large sized R -1 zoned lots subject to the following criteria: 1) No existing lot shall be subdivided into more than two lots, 2) Each subdivision shall be subject to the approval of a Parcel Map, 3) The original exist- ing lot to be subdivided shall have a street frontage of at least 70 feet but less than 100 feet, 4) Each subdi- vision shall be limited to the creation of no more than one flag lot, with a minimum street frontage of 15 feet, 5) A minimum of 7,200 square feet of lot area shall be provided per newly created lot, exclusive of any "pole" portion of a flag lot. Although the Ordinance was introduced, it was not unanimously supported by the three Council members present. Joe Braun, 9535 Olive Street, stated that the reason he objects to the ordinance as written is primarily due to the wording of the text. He suggested that instead of two to a -lot he would prefer for it to read " one single family residence per 7,200 sq. ft. His reasoning is due to the fact that if a lot is over 24,000- 25,000 sq. ft. it still eliminates any possibility of fully utilizing their property. Dan Carmichael, 5429 Baldwin, indicated that he has a lot that is over 20,000 sq. ft. and feels that the ordinance is fair in most cases, however, there will be a few instances where this would not work out for the individual property owner. He would like to suggest that there be the option for not only the flag lot but also the tiered lot with the shared driveway. Community Development Director Dawson indicated that there are 51 lots over 20,000 sq. ft. that do not al- ready have a second unit. Councilman Froehle stated that one of the reasons the Council has stayed away from the tiered lots was due to the problems you run into with the easement and the agreement between the property owners.' He inquired as to whether the easement agreement be worded in such a way that a resident could still have a tiered lot and alleviate some of the problems. City Attorney Martin indicated that the ordinance would require a flag lot but if an unusual hardship came up the property owner could apply for a variance. Councilman Swain inquired as to whether the ordinance could be worded that the flag lot with the designated driveway is the preferred method of subdivision, how- ever, in cases in which it is impossible to put two driveways and still maintain the lot size could be reviewed by staff for a decision. Councilman Atkins stated his opposition to flag lots. He felt it was a major issue during the incorporation of Temple City and although there are many flag lots cur- rently in Temple City and apparently little or no prob- lems with the ownership of them, it is his opinion that flag lots are very poor planning. Councilman Froehle indicated that his concern is with the conflicts which begin with easements. Based on these conflicts he would like to see a dedicated piece of property for the driveway where the conflicts are eliminated. However, the resident who has a very unique !("'' and unusual situation may apply for a variance. Council Minutes, April 5, 1988 - Page 5 Councilman Swain concurred with Councilman Froehle and stated that under the County and before incorporation the majority of the flag lot splits which were being done were not under the same restrictions which are currently required. Mayor Gillanders stated that the people of Temple City have indicated the level of density they are interested in maintaining in the City. It was his opinion that the residents would not want to create substandard lots. Therefore, he would concur with Councilman Froehle and Councilman Swain. Councilman Swain moved waive further reading of Ordi- nance No. 88 -629, seconded by Councilman Froehle and unanimously carried. Councilman Swain moved to adopt Ordinance No. 88 -629, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9119 (L) AND 9333 OF THE TEMPLE CITY ZONING CODE RELATING TO LARGE R -1 -LOT SPLITS, seconded by Councilman Froehle and carried on a roll call vote. ROLL CALL AYES: NOES: ABSENT: Froehle, Swain, Gillanders Atkins Dennis B. ORDINANCE 88 -628 (2nd Reading) SKATEBOARD ORDINANCE - City Manager Koski provided background information stating that on March 15, 1988 the City Council intro- duced for first reading by title only a proposed ordi- nance dealing with skateboard riding on sidewalks in commercial areas. Following that meeting, City staff, with the City Attorney, further reviewed the language of the ordinance. Certain revisions were recommended. The intent of these revisions was to simplify the ordinance for better understanding and for better enforcement. In addition the City Hall does not have the means or personnel to handle impounding of skateboards and col- lection of fines. For these reasons, the ordinance states simply that parking unattended wheeled toys or riding a wheeled toy on a sidewalk in a commercial area is an infraction and that a police officer may confis- cate a wheeled toy if necessary. The Sheriff will be advised to use proper discretion in dealing with skate- board and wheeled toy situations as is currently done in dealing with bicycle problems. The officers have the authority to cite offenders, confiscate the wheeled toy or even cite the offender to bicycle safety court with a parent. Councilman Froehle stated he was in agreement with this ordinance and felt the remedies as indicated in the ordinance are sufficient to solve the problem. Councilman Atkins stated he felt it was unfortunate that there is a problem such as this however, he concurred with Councilman Froehle. Councilman Swain moved to waive further reading and adopt Ordinance No. 88 -628, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE III, CHAPTER 3 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR USE OF WHEELED TOYS ON CITY STREETS, seconded by Councilman Froehle and unanimously carried. Council Minutes, April 5, 1988 - Page 6 7. NEW BUSINESS: A. PUBLIC HEARING: ASSESSMENTS FOR STREET LIGHTING IMPROVE- MENTS 5300 BLOCK OF LOMA AVENUE, SOUTH OF OLIVE STREET (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) - City Manager Koski provided background information stating that at their regular meeting held January 19, 1988, the City Council ordered the installation of four 5800 lumen HPSV lights on new marbelite poles with overhead service on Loma Avenue, south of Olive Street. A petition was submitted by property owners pursuant to Chapter 27 proceedings. The street lights were installed and energized by Southern California Edison Company. The installation has been confirmed by engi- neer Dwight French and by staff. The cost of installa- tion for four lights was $1,500.00. In accordance with established. City Council policy, costs for street light- ing improvements are spread equally among the property owners within the limits mentioned herein. There are 20 property owners within the subject limits and an equal assessment amounts to $75.00 per property, as outlined in the attached Report of Completion of Installation and Costs of Installation. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward _at this time. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Atkins moved to approve assessments for Street Lighting Improvements 5300 block of Loma Avenue, south of Olive and approve the annexation to Zone A, seconded by Councilman Swain and unanimously carried. B. FOOTHILL TRANSIT ZONE - JOINT POWERS AGREEMENT City Manager Koski provided background information stating that on January 20, 1987 the City Council ap- proved the final application and participation in the formation of San Gabriel Valley Transportation Zone Joint Powers Authority indicated the City's interest in the proposal. At the City Council meeting of January 15, 1988, the City Council received and filed a letter from Supervisor Pete Schabarum in which he described the actual formation and composition of the Joint Powers Authority and indicated an expected date of first serv- ice of July 1, 1988. The City has now received addi- tional information regarding the formation of the new Foothill Transit Zone Joint Powers authority and the Joint Powers Agreement. The entire Transit Zone will be divided into four (4) "City Clusters ". The Zone shall have an Executive Board consisting of five members, one from each City cluster and one from the County and each member may have a specified alternate also selected from a City cluster. The Board shall select its own officers who will be both officers of the Zone and Board. There will also be an Administrative Advisory Committee made up of City Managers and County Chief Administrative Officer or Director of Public Works. Fare will be set by the Board each . year with the approval of the budget. And, finally, the Zone shall contract for services to the greatest extent possible. In his most recent let- ter, Supervisor Schabarum requests each City approve the ,Joint Powers Agreement as soon as possible so service can begin in late June. Council Minutes, April 5, 1988 - Page 7 Councilman Atkins stated that he is aware the City Managers in this area have reviewed this program quite thoroughly and inquired whether they found any problems with it. City Manager Koski stated that this program would be put together for three years utilizing fare box and Prop A funds and the way it is structured, based on the Joint Powers Act, it will not pose any financial responsibil- ity on the part of the City. Councilman Atkins moved to approve the Joint Exercise of Powers Agreement seconded by Councilman Swain and unani- mously carried. 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Donna Kirkner, 5201 Farago, stated her disgruntlement re- garding the second reading of Ordinance No. 88 -630 which was on the Consent Calendar. Jody Hoenninger, 5201 Farago, stated she had spoken to Bob Dawson of the Planning Commission who had indicated that this issue would be discussed at this meeting. She stated her opposition to the ordinance requiring a 50' lot width versus the 80' width. City Manager Koski reiterated the background information which was given at the Public Hearing on March 15, 1988 on this item, in addition a copy of the proposed Ordinance No. 88 -630 was given to Donna Kirkner for clarification. - RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the March 15, 1988 meeting, approved the Parking Lot Lease Agreement and adopted Resolution No. CRA 327, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: None 12. CLOSED SESSION THE CITY COUNCIL RECESSED TO CLOSED SESSION TO DISCUSS CURRENT LITIGATION PROPOSED BY THE CCCA REGARDING NO PRO- PERTY TAX CITIES PURSUANT TO GOVERNMENT CODE SECTION 54956.9 AT 9:01 P.M. CITY COUNCIL RECONVENED AT 9:10 P.M. Council Minutes, April 5, 1988 - Page 8 13. ADJOURNMENT On motion by Councilman Swain, seconded by Councilman Atkins the meeting of the City Council was adjourned at 9:11 p.m. The next regular meeting will be held Tuesday, April 19, 1988 at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City. ATTEST: