HomeMy Public PortalAboutCity Council_Minutes_1989-05-16_Regular 19891
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CITY OF TEMPLE CITY
CITY COUNCIL
MAY 16, 1989
INITIATION:
1. CALL TO ORDER:
Pursuant to Agenda posted on May 12, 1989, Mayor Froehle
called the meeting of the City Council to order at 7:30
P.M. on Tuesday, May 16, 1989.
2. The invocation was given by Reverend Jim Brown, Seventh Day
Adventist Church, 9664 East Broadway.
3. The Pledge of Allegiance to the Flag was led by two members
of the Wiebelos from St. Luke's and Cloverly School.
4. ROLL CALL:
Present: Councilmembers Atkins,Breazeal,Gillanders
Swain and Froehle
Absent: None
Also Present: City Manager Koski, City Attorney Martin,
Public Works Coordinator Peterson, Parks &
Recreation Director Kobett, Temple City
Times Editor Singer, Pacesetter Staff
Writer Holtzclaw and SGV Tribune Staff
Writer Medve
5 CONSENT CALENDAR:
Councilmember Breazeal requested removal of Item A. from
the Consent Calendar. On motion by Councilmember Swain,
seconded by Councilmember Gillanders the remainder of the
Consent Calendar was approved as presented.
B. RESOLUTION NO. 89 -2862 - INTENTION TO LEVY FY 1989 -90
ASSESSMENTS CITY -WIDE LIGHTING DISTRICT -
Council accepted the Engineer's Report for the City -
Wide Lighting District 1989 -90 Fiscal Year Levy;
adopted Resolution No. 89 -2862, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY, COUNTY OF LOS
ANGELES: DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 1989 -90 WITHIN THE CITY-
WIDE LIGHTING DISTRICT, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972; AND FIXING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO. Council set public hearing
for this item on June 6, 1989.
City Council Minutes, May 16, 1989 - Page 2
C. REQUEST FOR BUDGET AMENDMENTS 1988 -89 FISCAL YEAR
BUDGET -
Council approved amending the budget and appropriation
of funds from the General Fund to Accounts 5000 -120,
6200 -110, 7700 -240 and 7900 -110 as requested in staff's
memo of May 16, 1989.
D. FINAL MAP APPROVAL: TRACT NO. 45965, 5825 ENCINITA
AVENUE (LIN AND JANG) -
Council approved Final Tract Map No. 45965; accepted
the sanitary sewer easement; approved and accepted work
agreements and improvement securities and made the
findings as enumerated in the Los angeles County Public
Works Department's letter dated April 28, 1989; and
instructed the City Clerk to endorse on the face of the
map of Tract No. 45965 the certificate which embodies
the approval of said map and acceptance of the dedica-
tion shown thereon.
E. FINAL MAP APPROVAL: PARCEL MAP NO. 19174, 5215 FARAGO
(CHENG) -
Council approved Final Parcel Map No. 19174, accepted
the sanitary sewer easement; approved and accepted work
agreements and improvement securities and made the
findings as enumerated in the Los Angeles County Public
works Department's letter dated April 26, 1989; and
instructed the City Clerk to endorse on the face of the
map of Parcel No. 19174 the certificate which embodies
the approval of said map and acceptance of the dedica-
tion shown thereon.
F. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING
OF MAY 9, 1989 -
Council received and filed.
G. RESOLUTION NO. 89 -2863: APPOINTMENT OF PERSONNEL -
Council adopted Resolution No. 89 -2863 approving the
employment of budgeted personnel.
H. RESOLUTION NO. 89 -2864: APPROVAL OF PAYMENT OF BILLS -
Council adopted Resolution No. 89 -2864 approving war-
rants and demands in the amount of $333,554.99.
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City Council Minutes, May 16, 1989 - Page 3
A. APPROVAL OF MINUTES - Regular Meeting of May 2, 1989 -
Councilmember Breazeal requested that his reasons for
supporting ZV 89 -972 be included in his comments on
Page 5 of the Minutes. He stated he was in favor of
approving this zone variance because the applicant is
developing to R -1 standards in an R -2 Zone, the
applicant has a 7200 square foot parcel and just the
week before the Planning Commission had, in anticipa-
tion of change in the Code, granted the same type of
request to another applicant.
Councilmember Breazeal moved to approve the Minutes of
the May 2, 1989 meeting as amended, seconded by Coun-
cilmember Swain and unanimously carried.
6. UNFINISHED BUSINESS: None
7. NEW BUSINESS:
A. PUBLIC HEARING: ORDINANCE 89- 650UE, EXTENSION OF
URGENCY ORDINANCE 89 -648U IMPOSING A MORATORIUM ON
MULTIPLE RESIDENTIAL IN R -3 ZONE -
Providing background information City Manager Koski
stated that City Council on April 18, 1989, adopted
Urgency Ordinance 89 -648U imposing a moratorium on
certain multiple family residential development pro-
jects in the R -3 Zone. This adopted Urgency Ordinance
is applicable for a period of 45 days. The Ordinance
before Council at this time is to extend the Urgency
Ordinance for a period of 10 months and 15 days. This
extension is necessary to allow staff ample time to
study all aspects of the problem and prepare a Code
Amendment for Planning Commission consideration.
Mayor Froehle declared the public hearing open and
invited anyone wishing to address the City Council on
this matter to come forward at this time.
John Cambianica, 6163 Temple City Blvd., stated he is
against the Ordinance because of the financial hardship
it will impose on property owners. He felt imposing
this moratorium and adopting the proposed ordinance
would yield a lesser project on R -3 properties. He
requested displaying a drawing dealing with a specific
project he is currently working on to show by contrast
what the new Ordinance will do as opposed to what the
old Ordinance did.
City Council Minutes, May 16, 1989 - Page 4
Councilmember Atkins felt it was inappropriate to
discuss a specific property which might have a case
later down the line. Councilmember Gillanders agreed.
Mayor Froehle asked Mr. Cambianica to please address
Council on generalities only and not a specific piece
of property.
Mr. Cambianica continued by stating the density as
proposed, 2400 square feet of lot area per unit, does
not pertain to the density and open space requirements
that could be achieved otherwise when you take into
consideration the lack of being able to put parking
underground or semi - underground.
Councilmember Swain stated there is no Ordinance at
this time as to what the actual restrictions may or may
not be. Council has simply put some restrictions under
moratorium while the issue is studied. A more appro-
priate time to talk about square footage or underground
parking, etc. would be at the time such Ordinance is
actually presented for hearing. At this time, it is
simply a question of whether or not to approve a mora-
torium to allow time to study this issue.
Mr. Cambianica stated there was a moratorium back in
1986 that allowed a study period. Prior to the morato-
rium he was involved in a project that consisted of
units in clusters of two units and the front units were
free - standing to allow the project to relate to the
suburban community. After the moratorium and a new
ordinance was adopted, he ended up with bigger, larger
groups that were less appropriate for the area.
Another point he wished to make is that he strongly
recommends the City hire an outside planning and design
firm with expertise in community planning to undertake
this study. In talking with Planning staff regarding
new directions in zoning, he is frightened as to the
quality of the project that will result from the new
ordinances being discussed. Also he has been working
with Planning staff on a project and there has been no
mention of a proposed moratorium. Another point he
wished to make is that most other cities are going in
the opposite direction and are allowing subterranean
parking to free up more space for landscaping.
Mayor Froehle, in an effort to summarize Mr.
Cambianica's statements, asked him if his feeling was
that if they were to keep the current square footage
formula of 1800 square feet and allow subterranean
parking they would actually have more open space than
if restricted, and Mr. Cambianica said yes. Also
addressing another statement made by Mr. Cambianica
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City Council Minutes, May 16, 1989 - Page 5
regarding staff's not mentioning the proposed morato-
rium, Mayor Froehle said staff had no forewarning. It
was a Council decision based on some concerns of den-
sity and the hazards associated with subterranean
parking.
Butch Mecca, 239 W. Longden, Arcadia, opposed the
moratorium because two years ago Council went through a
moratorium and held studies, etc. at some expense to
the City. Two years later Council is worrying about
density. He could not see 10 -1/2 months to do a study
to worry about a 15% grade on an approach._on a driveway
for subterranean parking. He did not feel it was fair
to the property owners to spend 10 1/2 months studying
this issue. He recommended getting an outside engi-
neering firm.
As there was no one else who wished to speak on this
subject, Councilmember Breazeal moved to close the
public hearing, seconded by Councilmember Gillanders
and unanimously carried.
Councilmember Gillanders saw several reasons why this
moratorium is necessary. A rather extensive original
plan was done and the plan was workable. However, the
designers got more creative and shifted to a different
type of construction, and the subterranean parking with
its difficulties appeared in town. More quality pro-
jects, as previously stated, means different things. It
is predicated on whether you are building the units and
selling them or living with them later on. He supports
the moratorium.
Councilmember Atkins agreed with Councilmember Gil -
landers. On the whole, they have to live with the
results and he felt a reasonable length of time should
be taken to make the study and consider the various
factors of density and certain architectural aspects.
He strongly favors extending the moratorium.
Councilmember Swain stated the Planning Commission is
already working on this item and it is doubtful the
moratorium will last 10 -1/2 months. She felt the time
is reasonable and will allow for extended studies if
necessary. The subterranean parking and the number of
units per acre are important issues to be studied.
Council has been approached by the citizens about
density and what is happening in town with too many
units on too small a piece of property. This is a
concern to all areas in Southern California and all
cities are battling this same problem. She felt ade-
quate time should be taken so that the solutions are
the right ones. Study sessions and public hearings
City Council Minutes, May 16, 1989 - Page 6
will be held to consider these issues and the public
can include their input at that time. A moratorium is
necessary to do this.
Councilmember Breazeal agreed with the other Council -
members. He referred to projects under ,construction
that have created a great deal of concern because of
bulk and subterranean parking. Because of public
concern the moratorium has come about. Development is
a privilege and not a right. Council is not talking
about a 15 %. grade or 30 -day concept but density and
many other development standards. He did not see any
merit in seeking an outside consultant. He felt the
City was fortunate in having a very competent staff and
uniquely qualified Planning Commission. He supports
the moratorium.
Mayor Froehle stated the message received during the
General Plan update was the people were concerned not
only about density but the appearance of density.
Whether or not there is a new Ordinance remains to be
seen; however, the decisions made will take this City
into the next 20 or 30 years and they should take their
time and make sure they are on sound footing. As
Councilmember Gillanders stated, Council did pass an
Ordinance but builders and designers got imaginative
and came in with designs not anticipated. It may not
take 10 -1/2 months but they must allow ample time. He
too is confident of staff to do the research.
Councilmember Swain moved to adopt Ordinance 89- 650UE,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY EXTENDING ORDINANCE 89 -648U IMPOSING A MORATORIUM
ON CERTAIN MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT
PROJECTS IN THE R -3 ZONE OF THE CITY, seconded by
Councilmember Atkins and unanimously carried.
B. PROPOSED MUNICIPAL CODE AMENDMENT RELATING TO COMPENSA-
TION FOR COUNCIL MEMBERS -
Providing background information, City Manager Koski
stated adoption of a salary for Councilmembers is pro-
vided for in Government Code Section 36516 and is based
upon population. The designated salary is $300 per
month for cities with a population up to and including
35,000. All Temple City Councilmembers would be eligi-
ble for a salary in April 1990. Government Code Sec-
tion 36516 (d) also provides that any amount paid by
the City for retirement, health and welfare and other
benefits shall not be included for determining salary
if the same benefits are available and paid by the City
for its employees. Council has received a copy of a
proposed ordinance for consideration.
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City Council Minutes, May 16, 1989 - Page 7
Councilmember Gillanders stated he has been opposed to
remuneration for Councilmembers since he has been on
Council. However, as an executive with the Southern
California Joint Powers Insurance Authority it became
apparent that members of Council could not take advan-
tage of any benefits even though the City pays into
a number of funds supporting benefits, particularly
medical benefits for those who have no outside medical
benefits available. These benefits are being applied
to the other cities in Southern California but are
denied Council because they do not receive remunera-
tion. Staff checked into this situation and the result
is a proposed Ordinance to recompense members of future
Councils to allow them to draw benefits from the Au-
thority and PERS should that become necessary or suit-
able. None of the current seated members can receive it
unless re- elected to another term.
Councilmember Atkins stated Temple City and one other
City are the only two who have uncompensated Councils
and are not eligible to receive these benefits. It
does take Council's time, resources, facilities, autos,
etc. as they pursue their tasks. He is not opposed to
compensation for Councilmembers.
Councilmember Swain agreed with both Councilmembers
Gillanders and Atkins. In the economy and pressures
they live in there are certain expenses for which they
cannot receive remuneration. It inhibits some very
qualified people from running for Council. It is
important to make the position of Councilmember as
desirable as possible to attract these qualified peo-
ple.
Councilmember Breazeal stated he had nothing further to
add.
Mayor Froehle said the amount being requested is set by
State Law.
Councilmember Gillanders moved to introduce for first
reading by title only Ordinance No. 89 -649, AN ORDI-
NANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
RELATING TO COUNCILMANIC COMPENSATION AND AMENDING THE
TEMPLE CITY MUNICIPAL CODE; seconded by Councilmember
Atkins and unanimously carried.
8. COMMUNICATIONS: None
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None
City Council Minutes, May 16, 1989 - Page 8
RECESS TO CRA:
At 8:00 P.M. the City Council met as the Temple City Commu-
nity Redevelopment Agency; approved the Minutes of the May
2, 1989 meeting; approved an agreement with Katz Hollis
Coren & Associates, Inc. for a feasibility study of the
block bounded by Las Tunas on the south, Woodruff on the
north, Primrose on the west and Temple City Blvd. on the
east; and adopted Resolution No. 89 -363 approving warrants
and demands in the amount of $12,795.00. 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
11. MATTERS FROM CITY OFFICIALS:
A. DOWNTOWN REVITALIZATION CONFERENCE, SACRAMENTO, JUNE
28 -29, 1989 -
City Manager Koski, providing background information,
stated Council is asked to authorize attendance at the
above - referenced conference by Councilman Breazeal,
Community Development Director Dawson and two represen-
tatives from the business community. Marianne Milch
will be attending as a representative from the Chamber
of Commerce.
Council felt this was a very timely conference and on
motion by Councilmember Swain, seconded by Council -
member Atkins, unanimously approved attendance as
requested.
B. RESOLUTION NO. 89 -2865: ESTABLISHING PETTY CASH FUND
AND CASHIER FUNDS -
Councilmember Atkins moved to adopt Resolution No.
89 -2865, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY ESTABLISHING A PETTY CASH FUND AND
CASHIER FUNDS; seconded by Councilmember Breazeal and
unanimously carried.
Councilmember Swain mentioned Council's attendance at the
Contract Cities Conference in Palm Springs this weekend.
She noted the study sessions are covering the issues of
graffiti, gang problems and drugs in society and should be
very good.
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City Council Minutes, May 16, 1989 - Page 9
Councilmember Atkins reported on attending a meeting of the
Upper San Gabriel Valley Water District. They are working
on a program where they encourage the water districts and
municipalities to buy water during the times of plenty and
they encourage this by allowing a discount. They are
asking the Agencies to use the discount towards upgrading
their system for increased pumping and storage.
12. ADJOURNMENT:
Mayor Froehle requested Council's adjournment to an ad-
journed meeting on May 30, 1989 to discuss the Chamber of
Commerce contract and personnel matters.
Councilmember Swain moved to adjourn to an adjourned meet-
ing on May 30, 1989 to discuss the Chamber of Commerce
contract and personnel matters.
Councilmember Breazeal stated that because of a potential
conflict of interest he would not participate in the dis-
cussion of the Chamber of Commerce Contract, but would
attend the Executive Session to discuss personnel matters.
Councilmember Atkins seconded the motion for adjournment
and the meeting adjourned at 8:15 P.M.
The next regular meeting of the City Council will be held
Tuesday, June 6, 1989 at 7:30 P.M. in the Council Chambers,
5938 North Kauffman Avenue.
MAYOR