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HomeMy Public PortalAboutCity Council_Minutes_1988-11-01_Regular 19881 CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 1, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on October 28, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, November 1, 1988. 2. The invocation was given by Reverend Barry Vail, Bethlehem Evangelical Lutheran Church, 5319 North Halifax. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Gillanders, Froehle and Swain Absent: Councilman Breazeal Also Present: City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recreation Director Kobett, Temple City Times Staff Writer Estrada and Pacesetter Staff Writer Holtzclaw Councilman Froehle moved to excuse Councilman Breazeal's ab- sence for good cause, seconded by Councilman Atkins and unani- mously carried. Mayor Swain welcomed a Government Class from the High School attending the meeting to observe the proceedings. 5. CONSENT CALENDAR: Mayor Swain made note of her abstention on approval of Item A. and requested Item D. be removed from the Consent Calendar for comment. On motion by Councilman Atkins and seconded by Coun- cilman Froehle the remainder of the Consent Calendar was ap- proved as submitted. A. APPROVAL OF MINUTES - Regular Meeting of October 18, 1988. Approved as written. City Council Minutes, November 1, 1988 - Page 2 B. DIAL -A -RIDE CHRISTMAS HOLIDAY PROMOTION: WAIVER 0 RIDERSHIP FARE - Council waived the Dial -A -Ride fare during the month of December to assist the seniors and handicapped during the holiday season. C. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING OF OCTOBER 19, 1988 - REQUEST FOR USE OF LIVE OAK PARK BY CUB SCOUT PACK #156 - Council approved the use of Live Oak Park Craft Room by Cub Scout Pack #156 on Thursdays from 4:15 -5:15 P.M. through June 15, 1988, subject to the required Certificate of Insurance. E. ACCEPTANCE OF WORK: LIVE OAK PARK, PROJECT 87 -4 - CREATIVE HOMES, INC. - Council accepted work as complete; authorized 2nd and final payment in the amount of $130,733.10; the filing of Notice of Completion; and release of the 10% retention in the amount of $21,150.00 at the end of the 35 -day lien period subject to release of labor and material liens and instal- lation and acceptance of the restroom partitions. F. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING 0 ill OCTOBER 25, 1988 - Council received and filed. G. RESOLUTION NO. 88 -2822: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 88 -2822 approving claims and demands in the amount of $446,051.04. D. RESOLUTION NO. 88 -2821: APPOINTING ALTERNATE DELEGATE TO SAN GABRIEL VALLEY ANIMAL CONTROL AUTHORITY - Mayor Swain explained that it became necessary to appoint an alternate delegate to the San Gabriel Valley Animal Control Authority because the Executive Board has been unable to get enough members together to adopt a budget or elect officers for the current year. Councilman Atkins moved to adopt Resolution No. 88 -2821 authorizing the Field Services Coordinator to serve as an alternate on the San Gabriel Valley Animal Control Author- ity's Executive Board in the absence of the duly appointe executive board member, seconded by Councilman Froehle an unanimously carried. 1 1 1 City Council Minutes, November 1, 1988_- Page 3 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING: A MUNICIPAL CODE AMENDMENT RELATING TO OVERNIGHT PARKING PERMIT FEE INCREASE - City Attorney Martin, providing background information, stated this Municipal Code Amendment has been under consid- eration for some time. Presently annual overnight parking permits cost $12 and part of the fee is refundable if the application is denied. After surveying several cities, it is recommended the fee be increased from $12 to $20 with no refunds if the application is denied. 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. John Cavanaugh, 9085 Las Tunas, stated that his statements were not to Council but to the residents of Temple City. Mr. Cavanaugh commented on costs going up and the Citizens must pay taxes if they wish to keep things the way they are now. Also, he felt the City should charge $30 if that is the actual cost of processing an application. As there was no one else who wished to speak on this sub- ject, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins, clarifying a point, stated that this is not a tax but a user fee and the City's intent is to re- cover part of the cost incurred in issuing the permit. As discussed, the average cost for processing a permit is just under $32.00 so he felt the increase from $12 to $20 is justified and he could support it. He also agreed with the fee being non - refundable even if the permit cannot be issued since the handling and processing costs are the same. Councilman Gillanders stated he would support it. Councilman Froehle pointed out that the City is not selling parking permits. This fee pays a portion of the processing cost. The existing fee of $12 has been the same since 1963 and he felt the increase to $20 is reasonable. City Council Minutes, November 1, 1988 - Page 4 Mayor Swain agreed with most of the previous comments. Sh personally could support increasing the fee to $24, whic is the average cost in the San Gabriel Valley. Mayor Swain also pointed out that by law the fee cannot be higher than the actual cost of processing the permit. Councilman Froehle moved to introduce Ordinance No. 88 -642 for 1st reading by title only, seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: A. LETTER FROM RESIDENTS REQUESTING DISCUSSION ON R -1 DEVELOP- MENT STANDARDS (ORD. NO. 88 -641) Mayor Swain read above - referenced letter which requested Council to reconsider their adoption of Ordinance No. 88 -641 concerning R -1 Development Standards and put this item back on the next City Council Agenda. Mayor Swain then gave the background on Ordinance No. 88 -641 beginning with Council's instruction to the Planning Commission in June 1988 to study the R -1 development standards particularly the yard setbacks and open spac requirements. Several study sessions were held, som jointly with Council, following which noticed public hear- ings were held by the Planning Commission on September 13. 1988 and the Council on October 4, 1988. On October 18, 1988, the Ordinance was on the Agenda for second reading (not a public hearing) and adoption. Continuing, the Mayor said the question before Council is should this item be brought back for further discussion. After discussion, it was the consensus of Council that this item had received due process and was in fact the result of many meetings going as far back as the General Plan meet- ings where residents requested Council to lower the density in the City. Council felt there was plenty of public notice and participation, it was thoroughly discussed and proper procedures were followed. The Ordinance is sound and they would support it. Council also felt that rather than overturn the system for a group in the community, they suggested that if in fact there are unique and special circumstances and residents wanted to develop a two -story residence with less than the minimum required setbacks, they could apply for a variance. Such applications would be considered on their individual merit. Mayor Swain then read the procedures for adopting an ordi III nance. 1 1 1 City Council Minutes, November 1, 1988 - Page 5 B. LETTER RE $250 DONATION FROM KIWANIS CLUB FOR CITY HALLOW- EEN PROGRAM Councilman Gillanders moved to accept the $250 donation from the Kiwanis Club for the City Halloween Program and to send a letter of appreciation; seconded by Councilman Froehle and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Carl Lublin, 4824 Birchland Place, spoke on the R -1 Development Standards. He has put a lot of money in his house and hoped to add a second story. If he and many of his neighbors add second stories following the new R -1 development standards, they will be losing space on the second story portion. He requested Council to hold off on this Ordinance for one or two years to allow residents time to get plans and money together to build a second story. Mayor Swain said the R -1 Development Standards were discussed for at least six months. She felt they were fair and not excessive. Again, she referred to the fact that they could apply for a variance and suggested they draw up plans and talk to Community Development Director Dawson and he would explain the procedure to them. Duncan Graham, stated there are only 18 incorporated cities in Los Angeles County he would consider building in because of antiquated ordinances. Applying for a variance increases the cost. Regarding the second story additions as discussed, he felt that on a substandard lot they had merit but on a large lot he could not see where it would matter. RECESS TO CRA: At 8:05 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the October 18, 1988 meeting, and adopted Resolution No. 345 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: None City Council Minutes, November 1, 1988 - Page 6 11. MATTERS FROM CITY OFFICIALS: A. CALIFORNIA AMERICAN WATER COMPANY RATE INCREASE REQUEST - Providing background information, Mayor Swain stated Temple City has been notified that Cal- American Water Co. has filed a request with the PUC for a rate increase. The increase in the Temple City area will be approximately 2 to 3% above the current rate, with additional increases plan- ned. It is felt this increase will result in improved service as it will be used to replace the elevated water tank in Temple City and Rosemead with a new reservoir. Cal- American will be notifying all customers of an informal public hearing which will be held on Thursday, November 3, 1988 at San Marino High School. It is recommended Council also note to public the time and place of public hearing. Councilman Gillanders moved to approve recommendation to notify public of the informal public hearing to be held by Cal- American Water Co. on November 3, 1988, at San Marino High School, seconded by Councilman Atkins and unanimously carried. Councilman Froehle commented on the safe Halloween enjoyed by Temple City residents and thanked the Sheriff's Department and municipal agencies who helped make it a safe and enjoyable evening. Councilman Atkins remarked on the heated discussion Council had several meetings ago on the Air Quality Management Draft Plan. He received a copy of the County's first response and felt it warranted reading. He also heard Orange County Board of Super- visors voiced strong objections. Mayor Swain commented that she and Councilman Atkins attended the Contract Cities Fall Seminar and heard an interesting discussion by a member of the FPPC and a city attorney regard- ing the new laws on campaign funds, the way they are raised and used and the distribution of excess funds. Also discussed was the FPPC decisions on publications mailed with taxpayers' funds. Mayor Swain made reference to a letter received from San Gabriel Transit, Inc. addressing complaints received from residents in the area regarding noise, vehicle parking, etc. She felt they had really worked to alleviate these problems. Mayor Swain also mentioned a letter received from the City of Santa Monica agreeing with the position of extending the Sun- shine Canyon landfill and urging other cities to initiate recycling programs in order to reduce reliance on the use of landfills for solid waste disposal in Los Angeles County. 1 1 City Council Minutes, November 1, 1988 - Page 7 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Froehle, the meeting of the City Council was adjourned at 8:15 P.M. The next regular meeting will be held on November 15, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Chief Deputy City C