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HomeMy Public PortalAboutCity Council_Minutes_1989-10-03_Regular 19891 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 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 1 1 1 1 1 1 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. 1 1 1 1 1 1 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