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HomeMy Public PortalAboutCity Council_Minutes_1988-05-17_Regular 19881 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 17, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on May 13, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, May 17, 1988. 2. The invocation was given by Pastor Norlyn Brough, Church of the Nazarene, 9953 Las Tunas Drive. 2. The Pledge of Allegiance to the Flag 'was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain. 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. 5 CONSENT CALENDAR: Councilman Froehle, referring to Item I. on the Consent Calen- dar, asked staff what the pro -rata fee to the District would-be for school - related use of the pool. Responding, Parks & Recrea- tion Director Kobett estimated $15 /hour would be levied against the District. Councilman Atkins remarked that Item E. on the Consent Calendar was both good and bad news. The Codes contained some question- able areas, but he felt they were on the whole very good. He felt it was important to note the new requirements relating to fire safety in high -rise buildings. This is particularly rele- vant after the recent fire in Los Angeles. Councilman Atkins moved to approve the Consent Calendar as presented, seconded by Councilman Breazeal and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of May 3, 1988. Approved as written, with Councilman Gillanders abstaining. B. ACCEPTANCE OF WORK - SANITARY SEWER IMPROVEMENTS - TR #44319, 5543 -5551 SANTA ANITA AVENUE - Council accepted the work performed, accepted for public use the sewer system in Tract No. 44319 at 5543 -5551 Santa Anita Avenue and exonerated surety bond in the amount of $20,000. C. RESOLUTION NO. 88 -2782 - INTENTION TO LEVY FY 1988 -89 AS- SESSMENTS CITY -WIDE LIGHTING DISTRICT - Council accepted the Engineer's Report for the District; adopted Resolution of Intention No. 88 -2781 to levy and collect assessments for the fiscal year 1988 -89 and set public hearing for June 7, 1988. D. APPROVAL OF PLANS & SPECIFICATIONS & AUTHORIZATION TO SO- LICIT BIDS - PROJECT 88 -1, 1988/89 CAPE SEAL AND SLURRY SEAL PROGRAM, MAINTENANCE AREA 2 - �� f,L City Council Minutes, May 17, 1988 - Page 2 Council approved the plans and specifications for the 1988- 89 Cape Seal and Slurry Seal Program; and authorized staff to solicit bids for the project. E. ADOPTION OF THE 1987 EDITION OF THE LOS ANGELES COUNTY BUILDING CODE (TITLE 26), PLUMBING CODE (TITLE 28) AN MECHANICAL CODE (TITLE 29) BY REFERENCE - Council introduced Ordinances Nos. 88 -633, 88 -634 and 88 -63 for first reading by title only, and set public hearing for June 7, 1988. F. ORDINANCE NO. 88 -631 (2nd Reading) ZONING CODE AMENDMENTS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS - Council waived further reading and adopted Ordinance No. 88 -631, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9128 (U) (3), 9202, 9291, 9373 (H), 9382, 9292, 9412 AND 9421 OF THE TEMPLE CITY ZONING CODE RELATING TO COMMERCIAL .DEVELOPMENT STANDARDS G APPROVAL OF FINAL PARCEL MAP NO. 18196 - 9200 BROADWAY (WESTCO LAND, INC.) - Council approved final Parcel Map No. 18196; made the find- ings the project will not violate any of the provisions of the Subdivision Map Act; the proposed subdivision is consis- tent with the General Plan; and instructed the City Clerk to endorse on the face of the map certificate of approval of said map and the acceptance of any dedications. H APPROVAL OF FINAL PARCEL MAP NO. 18884 - 5403 WELLAND AVEn r (OWEN CONSTRUCTION) - Council approved final Parcel Map No. 18884; accepted the sanitary sewer easement; and made the findings the project will not violate any of the provisions of the Subdivision Map Act; the proposed subdivision is consistent with the General Plan; that the development of the property will not interfere with any public entity and /or public utility rights -of -way and /or easements; and instructed the City Clerk to endorse on the face of the map the certificate of approval of said map and the acceptance of any dedications shown thereon. I. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT - Council approved the Community Recreation Program with the Temple City Unified School District and authorized the Mayor to sign the agreement. J. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH EL MONTE ELEMENTARY SCHOOL DISTRICT - Council approved the Community Recreation Agreement with th El Monte Elementary School District and authorized the Mayo and City Clerk to sign the agreement. K. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF MAY 10, 1988 - Council received and filed the memo outlining actions taken by the Planning Commission at their regular meeting of May 10, 1988. L. RESOLUTION NO. 88 -2783: APPROVAL OF PAYMENT OF BILLS - ' Council adopted Resolution No. 88 -2783 approving claims and demands in the amount of $106,706.39. City Council Minutes, May 17, 1988 - Page 3 6. UNFINISHED BUSINESS: A. HEARING ON APPEAL - ACCEPTANCE OF BID RAILROAD CROSSING RUBBER MAT MATERIALS SOUTHERN PACIFIC RAILROAD & LOWER AZUSA RD. AND SOUTHERN PACIFIC RAILROAD & ENCINITA AVE. PROJECT NO. 87 -5 - City Manager Koski provided background information stating that on May 3, 1988, the City Council accepted the bid of Goodyear Tire and Rubber for the purchase of railroad cross- ing rubber mats at a cost of $36,819.18. Omni, the low bidder, has notified the City that data contained in a report from Phoenix, Arizona on field performance, on which staff had based part of its recommendation, was in error and, therefore, requested a hearing. The City also con- tacted Mr. Bill Griffin of the Phoenix Public Works Dept. who verified that in a recent re -check of the Omni rubber mats showed Omni mats had not failed as reported in the study. Furthermore, the mats now manufactured by Omni have a stronger, more wear - resistant surface than the mats tested in Phoenix. Staff also checked with officials of TransCal who have had considerable experience with Omni pads and they have been satisfied. 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. Bill Hull, West Coast Sales Representative for Omni, thanked Council for allowing him the opportunity to state his com- pany's case. He indicated that the Arizona Report referred to in the City Manager's presentation, used as a basis of evaluation for the Omni product, was for product installed in 1984. In 1985, and since that Report Omni has switched to a basically strengthened virgin rubber surface product. Additionally, extensive investigative research was done by Omni, the Department of Transportation, the City of Phoenix and the railroad to clear up statements contained in the Report. As a result of this investigation, it was deter- mined that the track structure was at fault and not the Omni product as had been indicated in the Arizona Report. Council and Mr. Hull discussed Omni's and Goodyear's guarantees and warranties. City Attorney Martin asked Mr. Hull if he felt he refuted each and every one of the shortcomings of Omni's product as outlined in the report, and did he feel he completely an- swered staff's findings. Additionally, Mr. Martin asked Public Works Coordinator Peterson if, based on what he just heard, would he still want to stay with the original deci- sion to go with Goodyear. Public Works Coordinator Peterson stated the error in the Arizona Report was verified but there is still the differen- tial in the warranties - Omni, six years; Goodyear, life- time, and felt more in depth research needs to be done. Bill Hull, Omni Representative, stated Omni's standard warranty is for six years with a two year labor provision, but Omni would gladly consider a special warranty to meet Temple City's needs. Councilman Breazeal asked if Mr. Hull had the authority to commit Omni to something other than their standard agree- ment. Mr. Hull said he does not have that authority but Mr. Ron Nutting, President of Omni does. City Council Minutes, May 17, 1988 - Page 4 Ron Nutting, President, Omni (Portland, Oregon), stated that a life time guarantee is a very vague term. A warranty is just a piece of paper - it is the company behind it that is important. Omni's warranty is the best in the industry to his knowledge. Omni would be happy to negotiate a 10- or 15 -year warranty. Council discussed and compared the Omni product and warrant with the Goodyear product and lifetime warranty, taking int consideration materials, installation, and desired en results and concluded that more specific details regarding the warranties were needed. Councilman Atkins moved to continue this item to their next regularly scheduled meeting on June 7, 1988, and requested staff to get a firm definition of warranties and contact representatives of Goodyear and Omni to look into the length of product guarantee and the type of warranty each bidder is willing to make on behalf of the City; seconded by Council- man Froehle and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: A CODE AMENDMENT RELATING TO MODIFICATION OF SIDE AND REAR YARD SETBACKS REQUIRED ON M -1 ZONED PROPER- TIES OPPOSITE OR ABUTTING "R" ZONED PROPERTIES - City Manager Koski provided background information stating that in the past year the Planning Commission considered a number of variances for required yards on M -1 zoned lots which abut "R" zoned lots. The code does not accomplis its intended purposes as currently written and the Plannin Commission requested staff to initiate this Code Amendmenb- Specifically, the side and rear yard requirements woul> eliminated for an M -1 zoned lot except when the M -1 zoned lot has a lot line abutting the side lot line of an "R" zoned lot, in which case a five -foot yard area on the "M" zoned lot would be maintained. The proposed verbiage is contained in Resolution No. 1420PC. Community Development Director Dawson showed a diagram illustrating M -1 lots abutting "R" lots. 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. As there was no one who wished to speak on this issue, Councilman Breazeal moved to close the public hearing; seconded by Councilman Froehle and unanimously carried. Councilman Breazeal felt that by requiring a 5 foot setback the potential problem of this area accumulating weeds, debris, etc. has not been omitted. He favored eliminating the setback altogether. Councilman Froehle concurred with Councilman Breazeal; however, he questioned available access during a fire if there were no setbacks. Councilman Atkins stated the Fire Code would take care of any problems concerning fire safety. He felt the 5 foot setback between neighbors would basically be a fire hazard. It was his opinion that a tenant in an industrial building would not care what is in that 5 foot area. Councilman Gillanders concurred with Council and added they would clean it up once a year when the insurance adjuster came. Mayor Swain agreed with Council. City Council Minutes, May 17, 1988 - Page 5 City Attorney Martin suggested sending this amendment back to Planning Commission with Council's discussion. Councilman Gillanders moved to return this item to the Planning Commission, with Council's comments, for further review and study; seconded by Councilman Breazeal and unani- mously carried. B. COMMUNITY DISPOSAL: REQUEST FOR AMENDMENT TO AGREEMENT - City Manager Koski provided background information stating that the City has received from Ron Arakelian, President, Community Disposal Company, a request that amendments to the agreement be considered as follows: 1) a rate adjustment of $.10 per single family unit to $9.55 /month and $.05 for additional units to $4.80 /month; 2) As provided in the 12th amendment, exercising the fourth option for the period beginning August 9, 1990 at a monthly fee of $900; 3) in order to provide for long term planning for solid waste disposal and resource planning, grant a 6th option to the agreement for an additional five years at a fee of $1100/ - month; 4) use the CPI Index base period (1982 -84 rather than the 1957 -59 index specified in the agreement; and 5) a roll -off box at 9167 La Rosa for which Community disposal will provide, at no cost, for City use. Councilman Atkins stated this amendment is necessary for long -term planning for the Company since the trucks cost about $140,000 each. He felt service has been great for the people of Temple City. City Manager Koski said that based on the effective opera- tion of Community Disposal, a substantial reduction -in insurance premium will be reflected on the July billing by a one -time credit to residents of $5.23 per household. Mayor Swain said originally it was anticipated that the Sanitation District would raise their landfill fees but gas burning generators offset the need for increases in tipping fees. She felt many changes would occur in this field in the next five years. However, the Disposal Company does need some kind of guarantee so they can plan for their expenditures. Councilman Gillanders commented that beyond the year 2000 it was unrealistic to know what the costs will be. Although not opposed, it was his opinion this would not be a long range agreement. Councilman Breazeal moved to approve Amendment 19 to the Franchise Agreement between the City and Community Disposal Company and authorized the Mayor and City Clerk to sign said Amendment; seconded by Councilman Froehle and unanimously carried. 8. COMMUNICATIONS: There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: John Roughan, 8817 Elm Ave., asked Council if they were going to discuss Block "A ". Mr. Roughan requested that the Agency not enter into any Exclusive Right to Negotiate tonight. He pointed out that Council was to work with the Committee before making any decisions. He also requested that the residences be removed from the Amendment Plan for Block "A" and if they would meet with the Committee, they would offer suggestions on how finan- cially this could be done. City Council Minutes, May 17, 1988 - Page 6 Mayor Swain said this would be discussed under Community Rede- velopment Agency not City Council. Additionally, she said there is no negotiating or discussing possible plans until there is someone to negotiate with. Roberta Hoffman, 8803 Elm Avenue, speaking as a concerned resi- dent in the area covered by the revised plan of Block "A ", aske Council to remove this area from the Redevelopment project an save the 21 homes involved. S. R. Shuman, 8905 Elm Ave., a member of Concerned Citizens of Temple City, received the information yesterday afternoon and has not had time to study it properly. She requested Council not adopt an Exclusive Right to Negotiate tonight. Her main concern was the Council professed their desire to keep Temple City a residential town but demonstrated this by destroying homes. Mayor Swain explained this could not be addressed until the CRA meeting. Furthermore, every decision is made in this meeting and no decisions are made otherwise. Sherry Passmore, P.O. Box 1332, Temple City, asked Council if they would be able to address the CRA before a decision was made. Ms. Passmore discussed briefly the bond funding for the acquisition of parking facilities, the use of General Funds to subsidize the K -Mart facility, etc. She requested that the Agency not enter into an Exclusive Right to Negotiate until they met with the Concerned Citizens group who were prepared to discuss alternate options for the City. RECESS TO CRA: At 8:33 P.M. the City Council recessed to meet as the Templ ill City Community Redevelopment Agency; approved the Minutes of the May 3, 1988 meeting; approved staff's report on Block "A" Devel- opment (Parts A, B, C and D); approved entering into an Exclu- sive Right to Negotiate with Champion Development Company; and adopted Resolution No. CRA 331, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL AT 9:00 P.M.: 10. ACTION ON REQUEST BY CRA: None. 11. MATTERS FROM CITY OFFICIALS: A. DISCUSSION OF CURRENT COMMERCIAL DEVELOPMENT ACTIVITIES IN THE DOWNTOWN AREA, POSSIBLE CONSIDERATION OF A LIMITED MORA- TORIUM ON COMMERCIAL DEVELOPMENT - City Manager Koski provided background information stating that a joint study session with the Planning Commission was held on May 16, 1988, to discuss the current commercial activities in the central business district, and in particu lar the block bordered by Las Tunas on the south, Woodruf on the north, Temple City Boulevard on the east and Primros on the west. This is the former Alpha Beta Market site. A limited moratorium was discussed to allow time to consider other development options. City Attorney Martin said he met several times with the proposed developer who appeared to be very cooperative and willing to reach an agreement. They have worked with staff and are moving ahead to the next Commission meeting to submit plans for further consideration. City Council Minutes, May 17, 1988 - Page 7 Attorney Martin said there could be problems with declaring a moratorium on one piece of property. There are other types of moratoriums to consider, such as development of more than an acre of property or a moratorium on develop- ments of more than 10,000 square feet. To prohibit all developing could cause a problem. A moratorium based on acreage or square footage will stand the test. Councilman Breazeal said he would rather have the City Attorney and City Manager work on other alternatives rather than impose a moratorium. Councilman Gillanders agreed. If possible he would rather resolve 'it without a moratorium. Staff and the City Attor- ney know what they can do. Mayor Swain questioned Mr. Dawson if there were any plans pending for any developments in the general area being discussed. Mr. Dawson said the only development being considered is the project at the market site. After reviewing various options, Council instructed staff to meet with the developer of the former Alpha Beta site and report back to Council at their next meeting. Councilman Breazeal publicly commended the Los Angeles Fire Department for their excellent handling of the First Inter- state Bank fire in Los Angeles. Councilman Gillanders said extensive studies have been made on railroad crossing materials as to how long they will last not how well they do the job. In his opinion, the Goodyear product will not absorb the shock as well as the Omni prod- uct. Mayor Swain said she was looking forward to a productive weekend at the California Contract Cities Conference in Palm Springs Thursday, May 19th through Sunday, May 23rd. Some Councilmen and some Commissioners are going to attend, with Councilman Gillanders participating as a panel member. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Froehle, the meeting of the City Council was adjourned at 9:12 P.M. The next regular meeting will be held on June 7, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTES : Chief Deputy Ci y Cle