HomeMy Public PortalAboutCity Council_Minutes_1988-05-17_Regular 19881
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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