HomeMy Public PortalAboutCity Council_Minutes_1989-10-03_Regular 19891
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
OCTOBER 3, 1989
INITIATION:
1. CALL TO ORDER:
Pursuant to Agenda posted September 29, 1989, Mayor Froehle
called the meeting of the City Council to order at 7:30 P.M. on
Tuesday, October 3, 1989.
2. The invocation was given by Reverend Charles Woodworth, First
United Methodist Church, 5957 North Golden West Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Froehle.
4. ROLL CALL:
Present: Councilmembers Atkins, Breazeal, Gillanders,
Swain and Froehle
Also Present: City Attorney Martin, Community Development
Director Dawson, Public Works Coordinator
Peterson, Parks & Recreation Director Ko-
bett, Temple City Times Staff Writer
Estrada, Pacesetter Staff Writer Holtzclaw
and SGV Tribune Staff Writer Medve
PRESENTATION: Big League Girls Softball Team of District
18.
Mayor Froehle welcomed the Girls Softball team and congratulat-
ed them on their accomplishment of winning the Southern Cali-
fornia Championship and finishing third in the Western Regional
Tournament. Mayor Froehle then presented a Certificate of
Recognition to Al Millham, District Administrator, and invited
Mr. Millham to present individual Certificates of Recognition
to the team coach, manager, assistant district administrator
and to the members of the team. Mr. Millham thanked Council
for this recognition.
APPOINTMENT OF COMMISSIONERS:
Mayor Froehle briefly mentioned there are several City Commis-
sions made up of Temple City Residents. Each Commission has
five members. At the present time two Commissions do not have
a full complement and, therefore, appointments must be made to
fill these vacancies.
City Council Minutes, October 3, 1989 - Page 2
Mayor Froehle declared the nominations open for the Traffic
Commission.
Councilmember Atkins nominated John Shaw for the position of
Traffic Commissioner, seconded by Councilmember Gillanders and
unanimously carried.
Mayor Froehle stated the City is very fortunate to have people
like John Shaw. He has served for many years on the Parks &
Recreation Commission and has done a tremendous job. Addition-
ally, John is an attorney and Council feels his expertise and
talents will be of great value to the Traffic Commission.
Mayor Froehle declared the nominations open for the Parks &
Recreation Commission.
Councilmember Gillanders nominated Cynthia Sternquist for the
Parks & Recreation Commission to fill the vacancy created by
John Shaw's move to the Traffic Commission, seconded by
Councilmember Breazeal and unanimously carried.
Mayor Froehle declared the nominations open for the Planning
Commission.
Councilmember Swain commented that the Planning Commission is a
very busy Commission and wished to nominate Kay Floyd to fill
the current vacancy on this Commission, seconded by Council-
member Atkins and carried, with Councilmember Gillanders stat-
ing his opposition.
The City Clerk then administered the oath of office to the
three new appointees, after which Councilmembers individually
congratulated and welcomed the new Commissioners.
5. CONSENT CALENDAR:
Councilmember Breazeal, commenting on Item B.2., noted approval
was being requested for use of Live Oak Park on September 23rd
and that date has already passed.
Councilmember Atkins, referring to Item E., City Clerk's New
Law and Election Seminar in Monterey, remarked that Temple City
has an established track record of sending people to the sub-
ject Seminar more qualified than their peers and felt City
Clerk Vivian Love would attend and continue this record.
Councilmember Atkins requested Item C. be removed from the
Consent Calendar.
Councilmember Atkins moved to approve the remainder of the
Consent Calendar as presented, seconded by Councilmember Swain
and unanimously carried.
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City Council Minutes, October 3, 1989 - Page 3
A. APPROVAL OF MINUTES - Regular Meeting of September 19, 1989
Council approved the Minutes of the regular meeting of
September 19, 1989 as submitted.
B. RECOMMENDATION FROM THE PARKS & RECREATION COMMISSION
REGULAR MEETING OF SEPTEMBER 20, 1989 -
1. REQUEST FOR USE OF LIVE OAK PARK FACILITIES BY TEMPLE
CITY AMERICAN LITTLE LEAGUE -
Council approved request from Temple City American
Little League for use of Live Oak Park north and south
baseball diamonds and a portion of the grassed areas,
as well as the concession stand, from February 1
through July 31, 1990 for specific times as requested
in staff's report of October 3, 1989, subject to the
required Certificate of Insurance and the same con-
ditions as last year.
2. REQUEST FOR USE OF LIVE OAK PARK BY SIERRA MADRE GIRL
SCOUT COUNCIL -
Council approved the use of the Meeting Room at Live
Oak Park by the Sierra Madre Girl Scout Council as
requested and detailed in staff's report dated October
3, 1989, subject to the required Certificate of Insur-
ance.
D ORDINANCE NO. 89 -656 (2ND READING) AN ORDINANCE APPROVING
ZONE CHANGE NO. 89 -1013 -
Council waived further reading and adopted Ordinance No.
89 -656 approving Zone Change No. 89 -1013.
E. CITY CLERK'S NEW LAW AND ELECTION SEMINAR - MONTEREY,
DECEMBER 6 -8, 1989 -
Council approved City Clerk's attendance at the subject
seminar and authorized the necessary expenditures.
F PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF
SEPTEMBER 26, 1989 -
Council received and filed.
G. RESOLUTION NO. 89 -2906: APPOINTMENT OF PERSONNEL -
Council adopted Resolution No. 89 -2906 approving the em-
ployment of budgeted personnel.
City Council Minutes, October 3, 1989 - Page 4
H. RESOLUTION N0. 89 -2907: APPROVAL OF PAYMENT OF BILLS -
Council adopted Resolution No. 89 -2907 approving claims and
demands in the amount of $455,524.26.
C PROGRESS PAYMENT: CAPE AND SLURRY SEAL PROJECT 89 -1, MAIN-
TENANCE AREA 3 - I.P.S. SERVICES, INC.
Councilmember Atkins stated the last time he looked at this
work he was not too impressed. He talked with staff and
was informed IPS is doing remedial work.
Public Works Coordinator Peterson told Council there is
still some touch -up work to be done. This progress payment
is approximately one -fifth of the total and they are bill-
ing for work accomplished prior to August 30, 1989.
Councilmember Atkins, with the understanding there is much
work to be done, moved to approve progress payment #1 to
IPS Services, Inc. in the amount of $43,425.45 for work
accomplished prior to August 30, 1989; seconded by Council -
member Breazeal and unanimously carried.
6. UNFINISHED BUSINESS:
A. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION
ADJOURNED MEETING OF SEPTEMBER 27, 1989: DESIGN PLAN FOR
BASKETBALL COURT AREA AT LIVE OAK PARK -
Providing background information, Parks & Recreation Direc-
tor Kobett stated that the City Council selected the firm
of Recreation Systems, Inc. to design the basketball /vol-
leyball court area and play apparatus area walkways at Live
Oak Park. Five design schemes were presented and reviewed
by the Parks & Recreation Commission at their September 20,
1989 meeting. The Commission continued study of these
designs to an adjourned meeting on September 27, 1989. At
this adjourned meeting, the Commission reviewed the mate-
rial presented by RSI and heard testimony from the audience
on this matter. RSI recommended design Scheme No. 2. The
Commission also favored design Scheme No. 2 for reasons
stated in staff's memo dated October 3, 1989, and so recom-
mended to Council.
Councilmember Atkins noted that the Minutes of the Parks &
Recreation Commission are very complete and accurately
reflect the opinions of the people who gave testimony on
this issue.
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City Council Minutes, October 3, 1989 - Page 5
Councilmember Breazeal remarked that a member of the audi-
ence had approached him about addressing Council on this
issue. He realized this was not a public hearing, but he
would like to hear this testimony.
Councilmember Breazeal referred to comments made by the
Parks & Recreation Director that the badminton courts are
used for volleyball and asked why they were not used for
badminton.
Parks & Recreation Director Kobett replied they were in-
stalled in 1987 and used very little. Outdoor badminton is
almost non - existent. The same court area is used to play
modified volleyball.
Mayor Froehle reminded those present this is not a public
hearing; however, they would allow testimony but would
limit each speaker's time to 3 minutes. He also said
Council has read the Minutes and are aware of the concerns
and statements previously made. He then invited anyone
with anything new to come forward at this time.
Doug Wiley, 6303 Golden West, explained what he felt would
happen in the basketball area. Teams of 4 players each
would be playing and others would be waiting up to as long
as 40 - 60 minutes. He felt there is a need for an auxil-
iary competitive game court. There will be tremendous
overcrowding.
Conrad Aragon, 5546 Ryland, wanted to know if any findings
were made as to any adverse effects caused by an increase
in traffic, potential personal injuries, additional crime,
etc. if these facilities are expanded.
Community Development Director answered that the Planning
Department staff did review the project several months ago
and it was determined to be categorically exempt because it
is in existence and is a reconstruction of existing facili-
ties.
Conrad Aragon again questioned how it is categorically
exempt from the requirements of an Environmental Impact
Report.
Community Development Director explained the categories of
possible exemptions and directed Mr. Aragon's attention to
Sections 15302, 15303 and 15203. Mr. Dawson suggested Mr.
Aragon contact the Planning Department for a copy of the
Notice of Exemption filed with the State.
City Council Minutes, October 3, 1989 - Page 6
Connie Broge, 10127 Bogue, requested Council not to act on
the presentation because in the original drawings presented
by Recreation Systems, Inc. the two soccer fields end at
the same spot. The drawings are incorrect. The south
soccer field is the only regulation soccer field in Temple
City. She felt at this time it would be in the best inter-
est of the Soccer Association to review the plans and then
submit comments to the Parks & Recreation Commission or to
Council. She just learned of the proposed plans to move
the soccer field and she requested Council not to act on
these plans until they could be reviewed at a monthly
meeting of the Soccer Association to be held the following
week.
Mr. Kobett called on Mark Wendel of Recreation Systems to
point out on the drawings what Mrs. Broge stated above.
Mr. Wendel then explained that when they were trying to
align the soccer fields, in doing the measurements discrep-
ancies came up between the north and south soccer fields.
He then explained the location of the fields and the 10-
foot buffer zone.
Dr. Ray Ceniceroz, 2712 Winthrop Ave., Arcadia, requested
to show a tape to Council to call Council's attention to
the congestion in the area. Because this was not a public
hearing, Council declined to view the tape. Dr. Ceniceroz
then asked on behalf of all the people who contributed
money for the lights that Council reconsider. Scheme #2 is
better than nothing, but inadequate and will be a white
elephant.
Councilmember Gillanders felt Scheme #2 would have minimum
impact. This plan satisfies a variety of interests. As
far as moving the field 50' to the East, the AYSO uses the
field four months per year and he felt the move would not
affect them. Regarding the concerns expressed by the
residents on Ryland over the lighting, Councilmember Gil -
landers stated there are lights on the soccer field already
and he felt additional lighting would not create a problem.
He supported Scheme #2.
Councilmember Atkins concurred with Councilmember
Gillanders and expressed difficulty in being all things to
all people. He favored Scheme #2 because it would be the
most likely to satisfy the residents and allow the harmoni-
ous blending of different sporting activities. He felt
the adjusting of the soccer field could be worked out and
Scheme #2 would be a good compromise considering all con-
cerned.
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City Council Minutes, October 3, 1989 - Page 7
Councilmember Swain also supported Scheme #2 and agreed
with her colleagues. Looking at the overall impact not
only what it would do for those who want to play basket-
ball, but looking at all the other groups and those who
picnic in the park, it would have an impact on them. It
would be desirable to have another park but that is not
possible. She felt by moving the court southward and into
Scheme #2 configuration they would be preserving the trees
and provide extra space. She asked staff if the Parks &
Recreation Commission had reviewed the moving of the soccer
field and was told by staff they had not.
Councilmember Breazeal concurred and remarked he had vis-
ited the Park over the weekend and felt the Parks & Recrea-
tion Commission did a commendable job. He favored Scheme
#2 based on previously made statements.
Mayor Froehle stated that of the schemes presented, the
testimony heard and the many concerns expressed, Scheme #2
was an equitable compromise. He felt this would accommo-
date soccer, basketball, volleyball, picnickers and the
neighbors. Mayor Froehle then asked staff what it would
take to make an auxiliary court, where a one -half court
game could be played, out of the modified court that is
already there, and was told around 42' would be needed and
there is presently 36' - 37'. Another concern expressed
was the moving of the soccer field and Mayor Froehle indi-
cated his reluctance if it would impact the soccer games.
He would like this portion reviewed by the Parks & Recrea-
tion Commission.
Parks & Recreation Director Kobett said the firm wanted to
have a survey done because now they are only working with
measurements.
Councilmember Gillanders asked if a lighting survey had
been done and questioned if it would be possible to have
the lights shielded.
Mr. Kobett replied it is possible and the company is sug-
gesting a box configuration that shines straight down with
no angle lighting.
Councilmember Swain asked if the Parks & Recreation Commis-
sion have discussed what time the lights will be turned off
at night.
Mr. Kobett said the subject was brought up as a concern and
the Commission has recognized and heard the input but no
decision was made by the Commission as to what time to turn
the lights off. Presently, they are turned off at 10:00
P.M.
City Council Minutes, October 3, 1989 - Page 8
Councilmember Atkins commented it should be made clear that
the final package comes back to Council for review before
it goes out to bid. Councilmember Atkins then moved to
authorize the preparation of final plans, specifications,
estimates and bidding documents in sufficient detail,
including the survey, to submit for bids, seconded by
Councilmember Gillanders and unanimously carried.
Mayor Froehle called a short recess at 8:30 P.M.
Mayor Froehle reconvened the Council meeting at 8:40 P.M.
7. NEW BUSINESS:
A. PROPERTY RESALE INSPECTION PROGRAM -
Community Development Director Dawson stated Council re-
viewed a report relative to establishing a property resale
inspection program on September 15, 1989. Since that re-
port, staff has obtained additional information from other
cities which have similar ordinances. For the most part,
cities with similar ordinances require an inspection of
only residential properties. If a resale inspection pro-
gram is to be established in Temple City, it is suggested
that it include a mandatory inspection report for all
properties regardless of zoning or use.
Mayor Froehle remarked it is intended to limit this to
zoning code violations to insure against garages being
converted to rentals,illegal additions and modifications.
Councilmember Atkins favored this program but had a few
questions. He concurred wholeheartedly that it should
cover residential and commercial properties but felt there
should be some means to force the seller to put it back
into the condition it was. The responsibility should be
placed on the seller. Once the property changes hands, the
leverage goes away. Another concern was he did not want to
get into the "nuts and bolts" of wiring and plumbing.
Councilmember Breazeal expressed two concerns: (1) the time
for staff to do the job they are talking about and (2)
whether the program is needed because of the disclosure
laws passed two years ago.
Councilmember Swain disagreed and stated there are more and
more accessory structures and garages becoming rentals and
garages are being converted to family rooms. This is the
type of violation they will be looking at not wiring and
plumbing. Once the property has changes hands the buyer
has no leverage to get anything from the seller. She felt
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City Council Minutes, October 3, 1989 - Page 9
they should proceed in this general direction and refer
back to the Planning Commission for further review and
study and bring back to Council in a more final form.
Councilmember Gillanders felt the basic idea was okay but
questioned how far they would go back - prior to incorpora-
tion? What building code would they be brought up to?
Councilmember Breazeal asked Attorney Martin if a City
could pass an ordinance more restrictive than a State law?
Attorney Martin replied they had the authority to go fur-
ther than the State Building Codes allow but must have a
reason why this City is unique.
Mayor Froehle felt there is a need for both residential and
commercial but recommended staying away from building code
requirements and stay with zoning and occupancy violations.
It is meant to prevent garage conversions and the cutting
up of retail stores. He also felt they should refer this
item to the Planning Commission.
Councilmember Swain moved to refer this inspection program
to the Planning Commission, along with a copy of the Min-
utes including Council's comments; seconded by Council -
member Atkins and unanimously carried.
8. COMMUNICATIONS: NONE
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Bob Pitts, 5312 Degas Avenue, congratulated the new Commission-
ers and acknowledged that serving on a Commission is a lot of
hard work. He referred to Council's discussion on the property
resale inspection program and indicated he agreed with Council -
member Breazeal. He did not believe it was necessary because
of the disclosure laws and felt the City will be biting off
more than they can handle. He said he would be looking forward
to the public hearing on this matter so he can submit some
facts. He is against this type of inspection and will try to
discourage it.
Lucinda Grant, 5434 N. El Monte Ave., referred to the Los
Angeles County Building and Safety Codes. Buildings were to be
safe and if anything was illegal it was taken care of. Older
people would have to pay $100 and she felt this is ridiculous.
Mayor Froehle explained that no dollar amount has been estab-
lished.
City Council Minutes, October 3, 1989 - Page 10
William Bretz, 8723 Hermosa, San Gabriel, discussed the fact
that the County is much more lenient in their Codes and there
will be a lot of residences in the annexed areas that will not
meet the Code. How far back will the City go and what will be
the ramifications? Businesses already have to go through an
occupancy inspection and he felt another inspection program is
a bit redundant.
Councilmember Swain reiterated that the property resale in-
spection program should go to the Planning Commission and this
is the type of testimony they will need. It is a long way down
the road from being a fact. She suggested they plan to attend
the public hearing on this matter.
RECESS TO CRA:
At 9:03 P.M., the City Council met as the Temple City Community
Redevelopment Agency; approved the Minutes of the regular
meeting of September 19, 1989; approved payment on behalf of
the City for parking lot rent obligation for October 15, 1989
through April 15, 1990 and adopted Resolution No. CRA 89 -379
allowing claims and demands in the amount of $237,501.85. 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:
Councilmember Breazeal noticed an article in the Temple City
Times regarding a Parcel Map and talked about the fire flow
being 18% less than the safety requirements. Since that time
a report has been requested from the Fire Department and staff
will not issue a Building Permit until it has been confirmed
the fire flow meets the minimum safety requirements.
Community Devolopment Director Dawson stated they are requiring
that applicants when submitting their request for subdivision
provide staff with the fire flow information. In the past they
included a minimum fire flow requirement as a condition of
approval on any subdivision. Later, the property owner has to
face the problem of an adequate fire flow. By requiring the
fire flow information as part of the subdivision application,
they will eliminate some of these problems.
Councilmember Breazeal recalled that several months ago they
discussed the Urgency Ordinance on the FAR and was concerned it
may be overly restrictive but was assured an Ordinance would be
in place in 90 days. That Urgency Ordinance was adopted on
June 20th, and they still have not received a recommendation
from the Planning Commission.
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City Council Minutes, October 3, 1989 - Page 11
Councilmember Swain mentioned a meeting she attended at the
Chamber that morning and wanted to state publicly that the
Temple City Chamber does do a lot that is not social. Council-
member Swain also mentioned a letter from the California State
Department of Corrections regarding the desirability and bene-
fits derived from allowing a prison to be built in the City.
Councilmember Atkins made some comments regarding a large docu-
ment he received about wells. Regarding the fire flow problem
discussed previously, Councilmember Atkins stated this is
caused by the loss of two overhead reservoirs during the Whit-
tier earthquake.
Councilmember Swain, at 9:15 P.M. moved to adjourn to a Closed
Executive Session to confer with attorneys regarding pending
litigation pursuant to Government Code Section 54956.9 (B) (1);
seconded by Councilmember Breazeal and unanimously carried.
Mayor Froehle reconvened the Council Meeting with all Coun-
cilmembers present.
12. ADJOURNMENT:
At 10:10 P.M. it was moved, seconded and unanimously carried to
adjourn. The next regular meeting of the City Council will be
held on October 17, 1989 at 7:30 P.M. in Council Chambers, 5938
North Kauffman Avenue.
MAYOR