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HomeMy Public PortalAboutCity Council_Minutes_1988-05-03_Regular 19881 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 3, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on April 29, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, May 3, 1988. 2. The invocation was given by Reverend Barry Vail, Bethlehem Evan- gelical Lutheran Church, 5319 N. Halifax Road. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Froehle and Swain. Absent: Councilman Gillanders Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recrea- tion Director Kobett, Julie Estrada of the Temple City Times and a representative of the San Gabriel Valley Tribune. Councilman Froehle moved to excuse Councilman Gillanders for proper cause, seconded by Councilman Atkins and unanimously carried. PROCLAMATIONS: Mayor Swain presented a Proclamation in recognition of "Hire a Veteran Week ", May 1 -7, 1988, to Manuel Almeida, Veterans Employ- ment Representative, who accepted on behalf of the State of California Employment Office. Mayor Swain presented a Proclamation designating the month of May as "Better Health and Speech Month" to Bobbi Walker, President of the Temple City Quota Club, who accepted on their behalf. 5. CONSENT CALENDAR: Councilman Atkins commented briefly on Item B. (1) and felt this is a very worthwhile program and provides a great service to the residents of Temple City. Councilman Froehle, referring to Item 5. B., Parks and Recreation Commission, stated that other cities complain about their park use. He publicly thanked those involved in the Park program in Temple City for the extensive, wholesome activities scheduled at the local parks. Councilman Atkins moved to approve the Consent Calendar as recom- mended, seconded by Councilman Breazeal and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of April 19, 1988. Approved as written. City Council Minutes May 3, 1988 - Page 2 B. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION REGULAR MEETING OF APRIL 20, 1988 - (1) REQUEST OF THE TEMPLE CITY QUOTA CLUB FOR USE OF TEMPLE CITY PARK TO CONDUCT A HEALTH AND SAFETY FAIR - City Council approved the use of Temple City Park by the Temple City Quota Club to conduct a Health and Safety Fair on Saturday, May 21, 1988, subject to the required Certificate of Insurance. (2) REQUEST OF TEMPLE CITY SISTER CITY FOR USE OF TEMPLE CITY PARK - City Council approved the use of Temple City Park week- days from 9:00 A.M. to Noon during July and August to conduct a community quilting bee subject to the required Certificate of Insurance. (3) REQUEST FOR USE OF LIVE OAK PARK BY TEMPLE CITY AYSO - City Council approved the use of Live Oak Park by Temple City AYSO for use of grassed area and Concession Stand from September 3, 1988 to January 31, 1989 for their 1988 soccer season and a variety of dates for use of park rooms, including September 17, for a pancake break- fast. Approval subject to Certificate of Insurance and previous conditions. C. STAFF REPORT REGARDING CORRESPONDENCE RECEIVED FROM CITY OF HOPE'S FIREWORKS CHAIRMAN REQUESTING MUNICIPAL CODE AMENDMENT RE: FIREWORKS - City Council received and filed. D. RESOLUTION NO. 88 -2777 - ORDERING ENGINEER'S REPORT FY 1988 -89 LEVY FOR CITY -WIDE LIGHTING DISTRICT - City Council adopted Resolution No. 88 -2777 as the first step in the legal process leading to the collection of the assess- ments for the Lighting District. E. ACCEPTANCE OF BID - WHEELCHAIR RAMPS, CURB & GUTTER REPAIR PROJECT 87/88 -1 - City Council reviewed bids received and awarded the contract to the lowest bidder, Josip Kovac, in the amount of $72,496.00 and authorized the Mayor and City Clerk to sign the Agreement. F. RESOLUTION NO. 88 -2778: ADOPTING A RULE OF PARLIAMENTARY PROCEDURE - City Council adopted Resolution No. 88 -2778 adopting a rule of parliamentary procedure. G PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF APRIL 26, 1988 - City Council received and filed the memo outlining actions taken by the Planning Commission at their regular meeting of April 26, 1988. H RESOLUTION NO. 88 -2780: EMPLOYMENT OF BUDGETED PERSONNEL - City Council adopted Resolution No. 88 -2780 approving the appointment of budgeted personnel. I RESOLUTION NO. 88 -2779: APPROVAL OF PAYMENT OF BILLS - City Council adopted Resolution No. 88 -2779 approving claims and demands in the amount of $285,424.84. h., -0611 City Council Minutes May 3, 1988 - Page 3 6. UNFINISHED BUSINESS: A. ORDINANCE 88 -631 RE- INTRODUCE FOR FIRST READING - ZONING CODE AMENDMENTS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS - City Manager Koski provided background information stating that at their meeting on April 19, 1988, City Council intro- duced Ordinance 88 -631 for first reading by title only. This ordinance would require a conditional use permit for shopping centers of three or more units and for splitting or sharing existing commercial units. The amendment would also require a minimum of three parking spaces per unit. It is suggested that in addition to requiring a minimum of three parking spaces, a minimum unit size be specified and the following proposed verbiage be added to the Code: "No commercial unit shall contain less than 750 square feet of floor area." City Attorney Martin re- introduced for first reading Ordi- nance 88 -631, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9373, 9382, 9392, 9412 AND 9421 OF THE TEMPLE CITY ZONING CODE PERTAINING TO COMMERCIAL DEVELOPMENT STANDARDS. Councilman Breazeal moved to approve the Negative Declaration and to waive further reading, seconded by Councilman Froehle and unanimously carried. B. ACCEPTANCE OF BID: RAILROAD CROSSING RUBBER MAT MATERIALS SOUTHERN PACIFIC RAILROAD & LOWER AZUSA ROAD AND SOUTHERN PACIFIC RAILROAD & ENCINITA AVENUE - City Manager Koski provided background information stating that City Council at their meeting on March 15, 1988, ap- proved specifications and authorized staff to solicit bids for railroad crossing rubber mat materials. Notices were published and bids were received. Although all bidders supply rubber mat railroad crossing materials, there are considerable differences in the nature and durability of the product. A complete comparison of proposed products, includ- ing durability, performance, installation, etc., is contained in the staff report. Council discussed various items contained in the staff report such as rubber, various proposed materials, performance records, etc. After reviewing all bids for price as well as quality and based upon the information contained in the staff report, Councilman Atkins moved to award the contract to Goodyear Tire & Rubber (Hi Miler), in the amount of $36,819.18, sub- ject to a waiver from the lower bidders and if the waiver is not received the item will be further reviewed by the Coun- cil; authorized the necessary funds and amended the adopted budget accordingly; seconded by Councilman Froehle and unani- mously carried. 7. NEW BUSINESS: A. PROP A FUNDS EXCHANGE WITH CITY OF COMMERCE - City Manager Koski provided background information stating that Prop A funds may only be spent on a transportation project and Temple City is unable to budget approximately $200,000 of these funds. The City of Commerce has need for more Prop A funds and are willing to exchange General Fund money for our Prop A money at 65 cents on the dollar. If Council approves this exchange, Temple City will exchange $200,000 Prop A funds for $130,000 of General Fund money. A similar exchange was negotiated in 1986. Councilman Breazeal inquired as to whether the City couldn't use the funds to further offset fares for senior citizens or help more with the RTD passes. He also questioned whether it was possible to get a better percentage on the exchange. ,.�,, 6 5: City Council Minutes May 3, 1988 - Page 4 Mayor Swain stated that the use for Prop. A funds is very limited and Temple City has used them for bus benches and shelters, Dial -A -Ride and several other projects. These funds are collected in Temple City and rather than lose them, since they cannot be accumulated, they propose to take this method of getting funds the City can use. This is the 'cur- rent going rate available because there are many cities with excess Prop A funds. Councilman Atkins explained that the City of Commerce has a municipal bus line and can use the additional funds. The funds from the exchange in 1986 were used to upgrade the traffic signals. There will still be funds available after the exchange to use on some existing projects or to look into some new areas. Councilman Froehle moved to approve the exchange of Prop. A funds with the City of Commerce, in the amount of $200,000, at the rate of 65 cents on the dollar, and authorized the Mayor and City Clerk to sign the exchange agreement; seconded by Councilman Atkins and unanimously carried. B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION APPROVAL OF ZONE VARIANCE 88 -912 AT 8731 N. HERMOSA DRIVE - APPLICANT /- OWNER: VIRGINIA TORRES - City Manager Koski provided background information stating this case is an outgrowth of a code enforcement complaint regarding the construction of three structures without build- ing permits: 1) a covered deck in the rear yard located too close to the rear property line, 2) a wooden breezeway con- necting the existing house with the existing garage and 3) a lattice patio cover along the west side of the house. Item 1 has been corrected, item 2 was granted a variance by the Planning Commission and item 3 will be removed by the owner. The variance granted for the wooden breezeway by the Planning Commission is the subject of this Appeal. Councilman Atkins questioned staff as to width of the ease- ment, the owner of record, and what properties were served by the driveway. Community Development Director Dawson said the easement is approximately 25 feet wide and because there was no survey done the exact property line is unknown. Mr. Dawson ex- plained the easement and the location of the properties involved. In addition, he showed a video of the subject property and adjacent properties sharing the driveway. Councilman Breazeal stated he was familiar with this case from the Planning Commission but was ready to hear new testi- mony and prepared to vote. City Attorney Martin asked if there were any objections to Councilman Breazeal's participation in this case, and none were registered. Mayor Swain declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Evelyn Williams, appellant, 8729 Hermosa Drive, told the Council she has been trying to establish the property line for many years. She referred to a copy of the trust deed which contained the true property line and description of the easement. She does not object to the breezeway but felt she had to appeal this case on the basis of the property line. Mayor Swain said the problem would be solved because the Torres had agreed to remove the lattice work. City Council Minutes May 3, 1988 - Page 5 Councilman Breazeal pointed out the property line dispute was a civil issue between neighbors and the City had no jurisdic- tion. The Council discussed with staff the width of the easement, the shared driveway and the removal of the lattice work. April Torres, daughter of Virginia Torres, said her mother could not be present but she was there as an observer. She said they planned to removed the lattice cover. As no one else wished to address the City Council on this matter, Councilman Froehle moved to close the public hearing, seconded by Councilman Breazeal and unanimously carried. Councilman Froehle said the term "technicality" used was appropriate for this case. The breezeway will give protec- tion from the sun, it is not enclosed on the sides and the neighbor has no objections. He was not opposed to it remain- ing as is. Councilman Breazeal said he could sustain the removal of the lattice work and would deny the appeal. Councilman Atkins stated the property is unique in shape and location - adjoining the Wash. It is different from sur- rounding properties. The awning does not interfere so there is no reason to deny the breezeway. Continuing, he said a bigger issue is the flag lot. This is an apparent dispute between neighbors and this is one of his objections to allow- ing a flag lot configuration. This type of problem seems to go with the flag lot. Perhaps the neighbors could split the cost of a survey to get the correct property lines. Councilman Atkins moved to deny the Appeal and support the decision of the Planning Commission to approve Zone Variance 88 -912 at 8731 N. Hermosa Drive, with the stipulation that the patio cover be removed within 30 days; seconded by Coun- cilman Froehle and unanimously carried. 8. COMMUNICATIONS: City Manager Koski referred to a letter dated May 2, 1988, from John H. Martin, Indian Team Area Director, Kare Youth League, requesting permission from the City to place a banner across Las Tunas Drive at the Temple City Blvd. intersection to advertise a fund raising program. Approval was requested for Monday, May 9, and continue to Saturday, May 21, 1988. Councilman Atkins moved to have this item put on the Agenda, seconded by Councilman Froehle and unanimously carried. The Council discussed this item and agreed it was for a very worthwhile cause; however, they pointed out that the applicant should have submitted this request at an earlier date to allow time for staff to handle in the appropriate manner. Councilman Breazeal moved to approve the request from Kare Youth League to hang a banner across Las Tunas Drive at the Temple City Blvd. intersection from May 9, through May 21, 1988, subject to the proper insurance; seconded by Councilman Atkins and unani- mously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: William Bretz, 4323 Rowland Ave., El Monte, referring to Item D. on the Agenda, said there are not many ways to raise revenue except raising sales tax, but questioned if the levy for city- wide lighting district assessment was not a means of revenue for the city. Mr. Bretz suggested the extra money from Prop. A funds could be used for additional parking downtown, shuttle buses into the downtown area, and to subsidize RTD passes. He also asked how much tax revenue was being generated by the businesses pres- ently located in Block "A". Mr. Bretz then referred to an item 7,:.0 City Council Minutes May 3, 1988 - Page 6 on the CRA Agenda concerning an assessment in the Redevelopment Area and asked whether the assessment would affect the residen- tial properties in Block "A ". Councilman Atkins said the lighting district assessment was strictly a break even situation, and is a way of paying for the services of the City. He further stated that the City had ex- perimented in the past with shuttle buses and it was not suc- cessful. Mayor Swain suggested Mr. Bretz visit City Hall to get the amount of tax revenue generated by the businesses in Block "A ". RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of April 19, 1988 and the adjourned meeting of April 25, 1988, as amended; adopted Resolution No. CRA 330 and accepted report on the Assessment District within the Rosemead Boulevard Redevelopment Project Area pursuant to Health and Safety Code Section 33837 for fiscal year 1988 -89 and adopted Resolution No. CRA 329 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: A. LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA. City Manager Koski provided background information stating that these special assessments were established in 1979, and are for the Shopping Center located in Block "B ". These assessments are necessary to pay the indebtedness of the Temple City Community Redevelopment Agency which was incurred to carry out the development of the Shopping Center. A full report containing background information, the Parcels in- volved, total assessment figures, etc. was prepared by Special Counsel Tom Parrington. Councilman Atkins questioned the owner of Parcels 7 and 8 and was told the owner is the same owner as K -Mart. Councilman Atkins moved to approve the 1988 -89 assessments and adopt Resolution No. 88 -2781, by title only, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING SPE- CIAL ASSESSMENTS FOR CERTAIN BENEFITTED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA; seconded by Councilman Breazeal and unanimously carried. 11. MATTERS FROM CITY OFFICIALS: There were none. 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Breazeal, the meeting of the City Council was adjourned at 8:40 P.M. to a Study Session with the Chamber of Commerce and the Planning Commission on May 16, 1988, at 7:30 P.M. in the Community Room, 9701 Las Tunas Drive, Temple City. ATTEST: Chief Deputy City Clerk