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HomeMy Public PortalAboutCity Council_Minutes_1989-05-16_Regular 19891 1 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. 1 1 1 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 1 1 1 1 1 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. 1 1 1 1 1 1 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. 1 1 1 1 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