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HomeMy Public PortalAboutCity Council_Minutes_1988-10-18_Regular 19881 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 18, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on October 14, 1988, Mayor Pro Tem Froehle called the meeting of the City Council to order at 7:30 P.M. on Tuesday, October 18, 1988. 2. The invocation was given by Senior Pastor Doug Beyer, First Baptist Church of Temple City, 6019 North Baldwin Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Froehle 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Gillanders and Froehle Absent: Mayor Swain Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recreation Director Kobett, Asst. to City Manager Durham, Temple City Times Editor Singer and Pacesetter Staff Writer Holtzclaw. Councilman Atkins moved to excuse Mayor Swain's absence for good cause, seconded by Councilman Breazeal and unanimously carried. 5. CONSENT CALENDAR: Councilman Breazeal requested Item F. be removed from the Consent Calendar and Councilman Atkins requested Item J. also be removed. Upon motion by Councilman Atkins, seconded by Councilman Breazeal, the remainder of the Consent Calendar was approved as presented. A. APPROVAL OF MINUTES - Regular meeting of October 18, 1988. Approved as written. City Council Minutes, October 18, 1988 - Page 2 B. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OCTOBER 5, 1988 - SPEED BUMPS IN PUBLIC PARKING LOTS - Council concurred with Traffic Commission's recommendation of not placing any speed bumps in the public parking lots. C. RESOLUTION NO. 88 -2518: ADOPTING THE STANDARD SPECIFICA- TIONS FOR PUBLIC WORKS CONSTRUCTION, 1988 EDITION - Council adopted Resolution No. 88 -2815 adopting the 1988 Edition to the Standard Specifications for Public Works Construction. D. ACCEPTANCE OF BID: REPAINTING OF STREET LIGHT POLES, PROJECT 88 -3 - Council accepted the low bid of Toro Painting of Lakewood in the amount of $6,685.00 and authorized the Mayor and City Clerk to sign the Agreement. E. ACCEPTANCE OF WORK: CHIP & SLURRY SEAL, MTCE AREA 2 - PROJECT 88 -1 -ROY ALLAN SLURRY SEAL, INC. - Council accepted work performed by Roy Allan Slurry Seal, Inc. for Cape and Slurry Seal Project, Maintenance Area 2 (Project 88 -1); authorized the City Clerk to file a Notice of Completion; authorized payment in the amount of $37,786.43 to Roy Allan Slurry Seal, Inc. and authorized payment of the 10% retention in the amount of $18,498.49 at the end of the 35 -day lien period. G. ZONING CODE AMENDMENT: ORDINANCE 88 -641 (2ND READING) R -1 DEVELOPMENT STANDARDS - Council waived further reading and adopted Ordinance No. 88 -641, an Ordinance amending Section 9333 of the Temple City Zoning Code related to the required height and side yard setbacks for properties in the R -1, Single Family Residential Zone. H. AMERICAN PLANNING ASSOCIATION STATE CONFERENCE, OCTOBER 24, AND 25, 1988, PALM SPRINGS - Council authorized the Community Development Director's attendance at the California Chapter of the American Planning Association Conference and approved necessary expenditures as budgeted. I. CLAIM FOR DAMAGES: BORNHAUSER, SANDRA Council denied claim and referred to JPIA. 1 1 City Council Minutes, October 18, 1988 - Page 3 K. RESOLUTION NO. 88 -2819: APPOINTMENT OF PERSONNEL - 6 Council adopted Resolution No. 88 -2819 approving the appointment of budgeted personnel. L. RESOLUTION NO. 88 -2817: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 88 -2817 approving claims and demands in the amount of $82,253.42. F ACCEPTANCE OF WORK: LIVE OAK PARK, PROJECT 87 -4 - CREATIVE HOMES, INC. - Councilman Breazeal questioned staff's recommendation regarding release of funds and the filing of Notice of Completion prior to completion of the work. Councilman Breazeal moved to accept the work completed to date and authorized Progress Payment #2 in the amount of $130,733.10, seconded by Councilman Atkins and unanimously carried. J. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF OCTOBER 11, 1988 - Councilman Atkins, referring to Planning Commission's sign approval for "Awards by Champion," questioned what type of sign was approved. City Manager Koski said the sign is a flat, wall -type, conventional sign and will be painted rather than illumi- nated. Councilman Atkins moved to receive Planning Commission's actions and file, seconded by Councilman Breazeal and unanimously carried. 6. NEW BUSINESS: A. CROSSING GUARD STUDY - LONGDEN AVENUE & OAK AVENUE BROADWAY & CLOVERLY AVENUE City Manager Koski providing background information stated the Traffic Commission discussed a report from the Traffic Engineer pursuant to a request from Temple City PTA Coun- cil for adult crossing guards at Longden Ave. /Oak Ave. and Broadway /Cloverly Ave. Petitions signed by parents were submitted. After a study of the sites, the Traffic Engi- neer found that only 32% of the accepted criteria for crossing guards was met and there is no accident history at either of the two intersections. Therefore, Traffic Engineer Envall recommended that a crossing guard was not City Council Minutes, October 18, 1988 - Page 4 warranted at either site. After discussion, Commissioner Jacobs and Commissioner Huls felt that even though they did not meet normally accepted warrants, crossing guards at both locations could prevent possible tragedy. The cost to the City would be approximately $4,874 annually per crossing guard. Traffic Commission requests Council to approve crossing guards for the two above - mentioned locations. Council discussed the staff report with Public Works Coor- dinator Peterson and asked questions regarding the Traffic Engineer's report, particularly the two locations meeting only 32% of the accepted criteria for crossing guards. Councilman Gillanders felt the City has received plenty of notice that a problem exists. There are two schools with major enrollments located basically across the street from each other. He felt all the elements are present for a major disaster and, because they are dealing with chil- dren's lives, he would approve crossing guards at both locations. Councilman Atkins agreed with Councilman Gillanders. The risk is there, the costs is not that great and many par- ents are concerned. He felt there is a case - at least on a trial basis. Councilman Froehle noted that on the Agenda is an item regarding overnight parking permits. Overnight parking is not allowed on Longden Avenue to Oak Avenue due to traffic speed, volume and visibility and this is one of the areas being considered. He concurred with the other Council members and stated that you cannot always make a decision on a fixed formula. Councilman Breazeal stated he could support crossing guards at both locations. Councilman Gillanders moved to approve the placement of crossing guards at Longden Avenue and Oak Avenue and at Broadway and Cloverly Avenue at a cost of approximately $8,038.00, and amend the adopted budget accordingly; seconded by Councilman Atkins and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION APPROVING CONDITIONAL USE PERMIT NO. 88 -926 AND ZONE VARIANCE NO. 88 -927 AT 9549 LAS TUNAS DRIVE (C.C.WU) 1 1 1 City Council Minutes, October 18, 1988 - Page 5 City Manager Koski providing background information stated the request is for approval to subdivide a commercial building into two tenant spaces and waive the three off - street parking spaces required for the creation of a new commercial unit. A joint study session was conducted with Planning Commission, Parking /Traffic Commission and the Revitalization Committee. Several suggestions were made regarding required parking within parking districts as outlined in staff's memo of October 18, 1988. The Plan- ning Commission approved this request but acknowledged a need to further study this matter and amend the Code accordingly. Mayor Pro Tem Froehle declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Councilman Atkins moved to include the Minutes and materi- als from the Planning Commission as part of the record of Council's public hearing concerning this matter, seconded by Councilman Breazeal and unanimously carried. Isabel Wu, 9465 Las Tunas Drive, speaking for her father, questioned Council on the $10,000 required for providing additional parking space. When they purchased the build- ing, they had not planned on this and felt it was very expensive. Councilman Gillanders explained that the property is serviced by a parking district that the other merchants have paid for over the years. A question arises as to whether it is fair for someone to come in and have full benefit of the parking but has paid nothing. Mayor Pro Tem Froehle explained that they were not asked to pay money for the parking spaces. It is an in- lieu -of payment suggested as a means to help alleviate the parking problem. Planning Commission approval did not include this as a condition of approval. It was only a suggestion for consideration. John Kavanaugh, 9085 Las Tunas, told Council he has lis- tened to all sides of this problem and by following the law he is unable to rent his building. He felt the real estate market supports smaller buildings and lower rents. The merchants are not making it and there are many vacan- cies. It is possible the law regarding size of buildings might be wrong. Council may have to change the square footage suitable or put in more parking. City Council Minutes, October 18, 1988 - Page 6 As there was no one else who wished to speak on this issue, Councilman Breazeal moved to close the public hearing, seconded by Councilman Gillanders and unanimously carried. Councilman Atkins said he has given a lot of thought to this and does not like dividing stores. There has been several changes in ownership and prices are so inflated they can't make it without subdividing the store. He does not like the "Pigeon -Hole" type operations. He is against approving this request. Councilman Gillanders pointed out that at least three studies have been done on the downtown district and he could not recall any of them recommending cutting up the buildings any further. Owners outgrow these small units and then move on to another location. It was also his feeling that it would be unfair to allow the creation of a new store building and not make any contribution to the parking district servicing it. Councilman Breazeal stated he served on two committees that studied the downtown area and at no time was there any significant changes recommended in the parking re- quirements. He felt it would set a dangerous precedent if Council approved this request. Mayor Pro Tem Froehle concurred with the other Councilmen. The intent was specifically that they did not want to divide the commercial area up any further and end up with 750 ft. cubicles. Councilman Gillanders moved to approve Resolution 88 -2820, a Resolution of the City Council of the City of Temple City denying CUP 88 -927 and ZV 88 -927 for reasons stated above, seconded by Councilman Breazeal and unanimously carried. B. TRAFFIC COMMISSION RECOMMENDATION REGARDING ANNUAL OVER- NIGHT PARKING PERMIT COSTS - Providing background information, City Manager Koski stated the Traffic Commission on October 5, 1988, dis- cussed the cost of processing and issuing annual overnight parking permits. The cost of processing a single permit can exceed $30.00 but the application fee is only $12.00. It was pointed out that among six San Gabriel Valley cities with overnight parking permits, Temple City's fees are the lowest by a wide margin. Temple City also refunds part of the fee on denied permits and allows reduced fees for partial year permits and second car applications. Approximately 500 annual overnight parking permits are processed each year by the Public Works Department and 1 1 1 City Council Minutes, October 18, 1988 - Page 7 approved by the Traffic Commission. Approximately 40 applications are denied. The City does not "sell" parking permits and as request has to be approved or denied by the Commission and the fee is to cover processing costs. Council discussed this item and noted the following: 14 distinct steps are needed to process each application; the present $12 annual fee was instituted in the mid- 1960's with no increase for 20 years; staff has shown the cost to be $31 to process each application so the requested in- crease in fee to $20.00 is not out of line for a unique and special privilege. City Attorney Martin, in answer to Council's questions, stated there may be an increase in fee but the total charge cannot exceed the cost of processing the permit. If staff's cost breakdown of $31 to process each applica- tion is accurate, the increase to $20 is legal. Councilman Atkins moved to approve staff's memo of October 18, 1988, and set public hearing on this matter for Novem- ber 1, 1988, seconded by Councilman Gillanders and unani- mously carried. 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None RECESS TO CRA: At 8:10 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the October 14, 1988 meeting; approved interim loan from the City in the amount of $125,000 to provide cash flow for pay- ment of Agency bills; adopted Resolution No. 344 agreeing to and scheduling a joint public hearing with the City Council on Draft Environmental Impact Report for Block "A "; selected Desmond and Marcello to prepare "Goodwill" appraisals in Block "A" and adopted Resolution No. CRA 343 authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL City Council Minutes, October 18, 1988 - Page 8 10. ACTION ON REQUEST BY CRA: A. REQUEST FOR INTERIM LOAN FROM THE AGENCY - Councilman Atkins moved to approve an interim loan in the amount of $125,000 from the City to provide cash flow for the payment of Agency bills pending Agency receipt of property tax allocations and SB55 Assessments to be re- ceived in December, 1988 and January, 1989; seconded by Councilman Gillanders and unanimously carried. B. AGREE TO AND SCHEDULE JOINT PUBLIC HEARING WITH COMMUNITY REDEVELOPMENT AGENCY ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR BLOCK "A" - Councilman Gillanders moved to adopt Resolution No. 88 -2818, A Resolution of the City Council of the City of Temple City, agreeing to and scheduling a joint public hearing with the Community Redevelopment Agency to be held on Tuesday, November 15, 1988, to discuss the Draft Envi- ronmental Impact Report for Block "A ". 11. MATTERS FROM CITY OFFICIALS: Councilman Breazeal commented on just returning from a very worthwhile League of California Cities Conference in San Diego. Councilman Atkins stated Mayor Swain is representing Temple City at this Conference and remained in San Diego as a dele- gate to vote on state -wide policy 12. ADJOURNMENT: On motion by Councilman Breazeal, seconded by Councilman Atkins, the meeting of the City Council was adjourned at 8:20 P.M. The next regular meeting will be held on November 1, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman "Avenue, Temple City. YOR PRO EMPORE 1