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HomeMy Public PortalAboutCity Council_Minutes_1988-07-05_Regular 1988CITY OF TEMPLE CITY CITY COUNCIL MINUTES JULY 5, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on July 1, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, July 5, 1988. 2. The invocation was given by Associate Pastor R. Ted Sneed, Seventh Day Adventist Church, 9664 East Broadway. 3. 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, Asst. to the City Manager Durham, Julie Estrada of the Temple City Times and a representative of the San Gabriel Valley Tribune. APPOINTMENTS: Mayor Swain stated Council has the privilege of appointing Commissioners and has set this meeting to fill a vacancy on the Planning Commission. Councilman Atkins said Council met and conducted a series of interviews with several qualified applicants, and after due deliberation a selection was made. Councilman Atkins moved to nominate Harry Budds as Planning Commissioner, seconded by Councilman Froehle who reiterated the statements made by Coun- cilman Atkins as to the difficulty of the decision. The motion was unanimously carried. City Manager Koski administered the Oath of Office, introduced Mr. Budds to the Council members and welcomed him aboard the team. City Council Minutes of July 5, 1988 - Page 2 5. CONSENT CALENDAR: 1 Mayor Swain requested Items E. (3) and I. be removed from the Consent Calendar, Councilman Gillanders requested Item E (3) be removed. Councilman Atkins moved to approve the remaining items on the Consent Calendar as presented, seconded by Councilman Gillanders and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of June 21, 1988 Approved as written. B. ACCEPTANCE OF BID: CAPE & SLURRY SEAL PROJECT #88 -1, MAIN- TENANCE AREA 2 - FY 1988 -89 PROJECT - Council accepted the low bid of $158,890.05 from Roy Allan Slurry Seal and authorized Mayor and City Clerk to sign agreement. C. EMERGENCY SERVICES AUTHORIZED SIGNATURES: RESOLUTION NO. 88 -2792 - Council adopted Resolution No. 88 -2792 authorizing the Emergency Services Director, Assistant Director, Person Assistant, Accounting Officer and Accounting Technician sign federal and state documents applicable to Emerge Services. D. RENEWAL. OF STUDENT AND THE LAW AGREEMENTS: TEMPLE CITY UNIFIED SCHOOL DISTRICT (OAK AVENUE INTERMEDIATE SCHOOL), EL MONTE ELEMENTARY SCHOOL DISTRICT (CLEMINSON SCHOOL), FIRST LUTHERAN AND ST. LUKE'S SCHOOLS - Council approved the Student and the Law Agreements with the school districts for special classes to be provided by the Sheriff's Department and'authorized Mayor and City Clerk to sign said Agreements. E. RENEWAL OF AGREEMENTS: 1) MC GLADREY, HENDRICKSON & PULLEN: AUDITING SERVICES FY 1988 -89 - Council approved a letter of agreement dated February 11, 1988 from McGladrey Hendrickson & Pullen, and au- thorized City Manager to sign. 1 1 City Council Minutes of July 5, 1988 - Page 3 2) TRAFFIC ENGINEERING - Council approved a one -year agreement with Mr. George Envall for Traffic Engineering Services for FY 1988 -89, and authorized the Mayor and City Clerk to sign for the City. F. CLAIM FOR DAMAGES: CERVANTES, CECILIA - Council denied the claim from Cecilia Cervantes against the City and referred to JPIA. G. REQUEST RECEIVED FROM TEMPLE CITY SISTER CITY FOR TRANSPOR- TATION - Council approved the request for transportation from Temple City Sister City and authorized amending the adopted budget in the amount of $1,650.00. H. JOB TRAINING PARTNERSHIP ACT - Council approved participation in the Summer Youth Employ- ment and Training Program with the Alhambra School District and authorized the Mayor to sign the Agreement. J. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF JUNE 28, 1988 - Council received and filed. K. RESOLUTION NO. 88 -2795: ACKNOWLEDGING RECEIPT AND FILING OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FY 1988 -89 - Council adopted Resolution No. 88 -2795 acknowledging the receipt and, filing of the Annual Statement of Investment Policy for the FY 1988 -89. L. RESOLUTION NO. 88 -2793: EMPLOYMENT OF BUDGETED PERSONNEL - Council adopted Resolution No. 88 -2793 approving the ap- pointment of budgeted personnel. M. RESOLUTION NO. 88 -2794: APPROVAL OF PAYMENT OF BILLS Council adopted Resolution No. 88 -2794 approving claims and demands in the amount of $438,892.82. City Council Minutes of July 5, 1988 - Page 4 E. 3) PUBLIC RELATIONS COORDINATOR - 1 Mayor Swain requested the renewal of this contract subject to review of the FPPC ruling on the ability of cities to mail a newsletter. With passage of Prop. 73 there is a provision that states no bulk mailings of over 200 could be made with public funds. Until a ruling is made this pre- cludes cities from public mailings. Councilman Atkins moved to approve a one -year agreement for Public Relations Services subject to review, seconded by Councilman Gillanders and unanimously carried. I. PETITION FROM CONCERNED NEIGHBORS REQUESTING REVIEW OF BUILDING PERMIT AT 9628 -9634 LONGDEN AVENUE - Mayor Swain questioned if the concerns expressed regarding this development were being addressed. She also wanted -to make sure that in the instructions delivered to the con- structor that he was made aware of the times of day he may be doing construction. Councilman Gillanders stated that several of the petitioner had talked with him prior to the meeting and he gave the copy of the project time and he felt this was satisfact to them . The neighbors' major concern seemed to be lack of activity at the site. After a brief discussion on the history of construction at this site, Councilman Gil- landers moved to receive and file the petition; seconded by Councilman Froehle and unanimously carried. 6. UNFINISHED BUSINESS: A. RESOLUTION NO. 88 -2788: CONDITIONS OF APPROVAL FOR MC DONALD'S RESTAURANT AT 9831 EAST LAS TUNAS DRIVE (PERNECKY) Mayor Swain explained that this item was continued from Coundil's regular meeting of June 21, 1988, to give staff the opportunity to verify that Notices of Public Hearing were mailed to homeowners within a 300 -foot radius of the subject property. A review of the case file in the City Clerk's Office indicated Notices of Public Hearing were mailed to homeowners on Friday, May 27, 1988. Further detail on this mailing is contained in the staff memo dated July 5, 1988. The City Attorney has reviewed the mailing procedures for Public Notices and he concurs that the City has met their obligation. 1 1 City Council Minutes of July 5, 1988 - Page 5 City Attorney Martin said this resolution has been prepared by the Planning Commission and supplemented by Council action which permits McDonald's to have a drive -thru service and incorporate an adjoining residential lot for supplemen- tal parking. Staff recommends they proceed with second reading by title only. Councilman Froehle noted that lighting was not mentioned in the conditions and he felt this was important as it abutted a residential area; Councilman Atkins questioned loading and unloading on the premises; Mayor Swain asked if the appli- cant had received and agreed with all the conditions of approval. Community Director Dawson referred to several sections in the Resolution which answered Council's questions noted above and also stated the applicant had received and signed a copy of the conditions of approval. Councilman Gillanders moved to adopt by title only Resolu- tion No. 88 -2788, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO. 69 -285 A REQUEST BY ROBERT PERNECKY FOR A DRIVE -THRU ADDITION TO AN EXISTING RESTAURANT AND THE UTILI- ZATION OF AN R -2 ZONED PARCEL OF LAND IMMEDIATELY NORTH OF THE SITE FOR A PARKING LOT TO SUPPLEMENT PARKING AT 9831 LAS TUNAS DRIVE, with conditions of approval; seconded by Coun- cilman Atkins and unanimously carried. 7. NEW BUSINESS: A. FORMATION OF NEW VEHICLE PARKING DISTRICT - City Manager Koski provided background information stating that in November 1986 several property /business owners approached the City with a proposal for a new parking dis- trict between Encinita and Sultana on Las Tunas. Two meet- ings 'were held to discuss the requirements for forming such a district, but costs became a factor. In May 1988, peti- tions with 13 signatures were filed with the Public Works Dept. asking City Council to "...take active interest in and positive steps toward forming a parking district.. ". On June 1, 1988, staff met with Dwight French regarding the petition and sought information on what must be done to form a dis- trict and what sections of the law would be best to use. Mr. French's recommendations and a rough outline of the proce- dures involved are contained in staff's memo dated July 5, 1988. City Council Minutes of July 5, 1988 - Page 6 Councilman Gillanders asked Attorney Martin if the 1913 empowers the City for condemnation proceedings and Attor Martin said it does. Continuing, Councilman Gillanders said there is no vacant ground and everyone should realize this up front. Councilman Gillanders stated that it is not only necessary but probably mandatory for the survival of the downtown business area. Everyone is for the project until you have to tear someone's house down to build it. It is going to be difficult no matter how necessary it is. There will be a certain degree of objection and Council should prepare themselves for what is the overall benefit to the community. Mayor Swain stated she was glad to see this moving forward. Eight years ago when she was president of the Chamber of Commerce they had worked with that segment of people to do this same thing but could not get enough support at that time. This District if it comes into being would be formed in the same way others were 25 years ago. The City would assist with the engineering and contracting and.seeing that the bonds were taken care of. The funding to provide the major funds for the project would be done by the merchants involved in the District. Councilman Breazeal commended John Cavanaugh, John Ricci Mr. Bender for their efforts to bring this petition bef Council. It took a lot of persuasion to get an 82% consen- sus. Councilman Atkins moved to receive the property owner's petition requesting "active interest and positive steps toward forming a district," accept Mr. Dwight French's proposal to function as the City's Engineer on the project through the petition hearing for a fee not to exceed $5,500.00 and refer copy of memo and petitions to Parking Commission for their information; seconded by Councilman Breazeal and unanimously. carried. 8. COMMUNICATIONS: A. LETTER FROM CHAMBER OF COMMERCE - (1) MOONLIGHT MADNESS EVENT (2) INSTALLATION OF POLE DECORATIONS, JULY 27TH City Manager Koski providing background information stated two requests were received from the Chamber of Commerce: The first request was for approval of a new promotional ev called "Moonlight Madness" to be heed on Friday, July 29 from 6:00 P.M. to 10:00 P.M. 1 City Council Minutes of July 5, 1988 - Page 7 Councilman Gillanders moved to approve the Chamber of Com- merce request to hold a "Moonlight Madness" event, seconded by Councilman Breazeal and unanimously carried. Councilman Froehle noted that the Chamber of Commerce would alert the Sheriff's Department of the event as soon as more details were available. He felt the event would be taking place and gave the date and time of the event to Lt. Tony Torres who was at the meeting. City Manager Koski said the second request from the Chamber of Commerce is for approval to install one Christmas pole decoration at the intersection of Las Tunas and Temple City Blvd. on July 27th to be unveiled at the "Moonlight Madness Sale." Councilman Gillanders referred to a statement in the Cham- ber's letter referring to illuminating decorations in the form of a six foot greenery spray and felt perhaps this was something the City should become involved in. .Council then discussed the lighting of the tree in the park and the plans proposed by the Chamber for the coming holiday season. Councilman Atkins moved to approve the Chamber of Commerce's request to install a sample Christmas pole decoration at the intersection of Las Tunas and Temple City Blvd. to be un- veiled at the "Moonlight Madness Sale" on July 29th; sec- onded by Councilman Gillanders and unanimously carried. Marianne Milch, Executive Director, Temple City Chamber of Commerce, commended Council on pursuing formation of a Parking District as she felt it would tie in the Rosemead Blvd. area to the downtown business district. Regarding the "Moonlight Madness" event, most will be in the stores and some will be on the sidewalks. It is an effort to get the businesses and all the community involved. Continuing, she gave.the details of the social mixer planned by the Chamber to be held July 27th. This event will be open to the resi- dents as well as all businesses in town. It is to be a mini trade fair with businesses exhibiting their wares and will last about 1 -1/2 hours. Addressing the proposed pole decora- tions, she said the cost of 42 pole decorations would be around $13,000. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Matt Jacobs, 5329 Alessandro, told the Council of his experience with firecrackers and rockets in his neighborhood on the 4th of July. These were not only shot off in the street, but they were hitting the houses. A call to the Sheriff's Department told him this was going on all over the City and they were backed up on their calls. After a second call to the Sheriff's Station and City Council Minutes of July 5, 1988 = Page 8 talking with the Commander, a unit did come out on the ca However, as soon as the Sheriff's car left, the activiti resumed. Mr. Jacobs asked Council to look into the possibility of stopping the sale and use of fireworks in the City. He realized the youth groups in the City were the ones funded by the sale of fireworks, but by bringing it up now it would give the youth groups the opportunity to look for other means of supplemental funding. Councilman Gillanders said prior to the last election they had talked about sending out a questionnaire on the use of fireworks in the City. He too experienced a situation similar to Mr. Jacobs'. Mayor Swain said Council could not discuss this item because it was not on the Agenda but could place it on the Agenda for the next meeting with perhaps the idea of putting it on the ballot in November and let the citizens of Temple City decide. Councilman Breazeal agreed with Mayor Swain and.asked that reports from the Sheriff's Department and the Fire Department be available for the next meeting. He also reported on seeing the misuse of fireworks on the 4th. Council directed staff to have this item on the Agenda for next meeting, with background material as requested. James Renault, 2136 Rockledge Rd., Los Angeles, said he was the architect on the project at 9628 -9634 Longden Avenue, Item 5. I., and wanted to know about the security requested on the project by the City and if it had been cleared up. Mr. Renault discussed the length of time required for similar projects. He also said the builder is a licensed contractor and is now re- tired and will be working on the project full time. Mayor Swain pointed out that there were concerns because the original project took so long and the owner did not keep the area in the condition it should have been during construction. She did not feel a bond of insurance was an unusual procedure. Mr. Dawson said requiring a bond is not a standard procedure but is often imposed in situations such as this where construction draws on for several years. Councilman Gillanders discussed the variety of comments received on the hours of construction. He read section 2 (a) from the Resolution where it states all construction activities to be completed within one year from the date of the building per issuance. This shall be secured by such security as approved the City Attorney. Until such security is posted the Resoluti shall not be effective. The amount of the security would be to the City Attorney. 1 City Council Minutes of July 5, 1988 - Page 9 Councilman Breazeal stated he was Chairman of the Planning Commission when the Resolution on the case was passed and he felt Council should adhere to the conditions. Rudolph Kaden, 5941 Agnes, expressed his concern about the future of Agnes as a result of the expansion of McDonald's facilities. He felt the street could be improved if they would plant trees in the parkway. This would also cut down on noise and light. Councilman Gillanders said a master plan for planting trees was underway now and it would be an ideal time to consider Agnes. RECESS TO CRA: At 8:22 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; renewed agreement with McGladrey Hendrickson & Pullen for auditing services for FY 1988 -89; approved a contract with Community Development Consult- ing Services of Diamond Bar, CA to prepare an EIR for Block "A" in the Redevelopment Area and adopted Resolution CRA 335 au- thorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL AT 8:26 P.M. 10. ACTION ON REQUEST BY CRA: None. 11. MATTERS FROM CITY OFFICIALS: Councilman Gillanders informed Council that. on July 27, 1988, Temple City would host JPIA's annual meeting. Approximately 160 people were expected to attend. Councilman Gillanders is run- ning for Vice President of JPIA. Councilman Atkins commented on the small American Flags that were visible in some areas of the City over the Fourth of July holiday. He thought they looked great and thanked those people who were responsible. Mayor Swain called Council's attention to the fact that the Southern California Rapid Transit District recently increased its bus fares effective July 1st. Temple City subsidizes monthly bus passes with Prop. A funds and the increase is bring- ing the contribution up to where it would wipe out Prop. A funds. Mayor Swain requested this item be put on the Agenda for the next City Council meeting. She also requested a list of alternative uses for Prop. A funds. City Council Minutes of July 5, 1988 - Page 10 Councilman Breazeal moved to include this item on the Agenda III r the .City Council meeting scheduled for July 19, 1988; seco d by Councilman Gillanders and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Breazeal, seconded by Councilman Froehle, the meeting of the City Council was adjourned at 8:35 P.M. The next regular meeting will be held on July 19, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Chief Deputy City Cle 1