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HomeMy Public PortalAboutCity Council_Minutes_1991-11-05_Regular 19911 CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 5, 1991 INITIATION: 1. CALL TO ORDER Pursuant to the Agenda posted November 1, 1991, Mayor Wilson called the meeting of the City Council to order at 7:30 p.m. on Tuesday, November 5, 1991. 2. The invocation was given by Dr. Fred Kolosick, First Southern Baptist Church, 4856 N. Golden West Avenue, Temple City. 3. The Pledge of Allegiance to the Flag was led by Heidi Villa - gran, Girl Scout Troop #425. Councilmember Breazeal presented a City pin and souvenir agenda to Dr. Kolosick and Heidi Villagran and thanked them for their participation. 4. ROLL CALL: PRESENT: Councilmembers Breazeal, Froehle, Manning, McGowan and Wilson ALSO PRESENT: City Manager Ovrom, City Attorney Martin, Community Development Director Dawson, Commu- nity Services Director Kobett, Public Services Director Hart, Financial Services Director Maldonado, Economic Development Director Sims, Assistant to the City Manager Kravitz, Admin- istrative Services Specialist Perlick, and Brad Haugaard from the Los Angeles Times Mayor Wilson stated that notices were sent with an incorrect date and the public hearing for subject site 5825,Rowland will not be held this evening. This matter will be heard at the Planning Commission meeting on Tuesday, November 12, 1991. PRESENTATION: Mayor Wilson presented a plant to former Community Services Commissioner Flora Burlingame for her many years of service and wished her the best. Ms. Burlingame thanked Council and stated she has enjoyed the 13 1/2 years on the Community Services Commission. Councilmember Froehle thanked Ms. Burlingame and the Commu- nity Services Commission for putting in long hours and doing an outstanding job. City Council Minutes, November 5, 1991 - Page 2 Councilmember Breazeal stated Ms. Burlingame has been very dedicated, conscientious and committed with a positive atti- tude and he appreciates the job she has done. Mayor Wilson announced that Connie Broge has been selected for the vacancy on the Community Services Commission and will be appointed and sworn in November 19, 1991 to begin service on November 20, 1991. 5. CONSENT CALENDAR Councilmember Breazeal requested removal of Items B. and C. from the Consent Calendar. Mayor Pro Tem McGowan removed Items A. and J. Item I. was removed by Mayor Wilson. Coun- cilmember Breazeal moved to approve the remainder of the Consent Calendar as presented, seconded by Councilmember Froehle and unanimously carried. D. "NO STOPPING AT ANY TIME ", WEST SIDE OF ROSEMEAD BOULE- VARD BETWEEN HERMOSA AVENUE AND LAS TUNAS DRIVE - Adopted Resolution No. 91 -3102, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING "NO STOPPING AT ANY TIME" ON THE WEST SIDE OF ROSEMEAD BOULEVARD BETWEEN HERMOSA AVENUE AND LAS TUNAS DRIVE. E. LIFE INSURANCE PROGRAM FOR FULL -TIME EMPLOYEES - Authorized staff to send a cancellation notice to JPIA effective December 31, 1991 and authorized the Mayor to sign the Standard Insurance contract for life insurance effective January 1, 1992. F. FINANCIAL REPORT AND THE FISCAL YEAR 1990 -91 COMPLIANCE AND FINANCIAL REPORT - Received and filed. G. APPROVAL OF FINAL PARCEL MAP NO. 20936 AT 9732 LEMON AVENUE (HO) Approved Final Parcel Map; approved and accepted an agreement for improvements, a faithful performance bond in the amount of $5,500 and a labor and materials - -bond in the amount of $5,500; made necessary findings as enumer- ated in the letter from the Los Angeles County Public Works Department dated September 16, 1991; and instructed the City Clerk to endorse on the face of the map of Parcel Map #20936 the certificate that embodies the approval of said map. 1 1 1 1 City Council Minutes, November 5, 1991 - Page 3 H. APPROVAL OF FINAL PARCEL MAP NO. 20711 AT 5039 SERENO - Approved Final Parcel Map; accepted sewer easement, as offered for dedication on said map; made necessary find- ings as enumerated in the letter from the Los Angeles County Public Works Department dated October 24, 1991; and instructed the City Clerk to endorse on the face of the map of Parcel Map No. 20711 the certificate that embodies the approval of said map. K. RESOLUTION NO. 91 -3099: APPROVAL OF PAYMENT OF BILLS - Adopted Resolution No. 91 -3099 approving claims and demands in the amount of $415,349.84. A. APPROVAL OF MINUTES - Regular Meeting of October 15, 1991 Mayor Pro Tem McGowan requested that page 4 of the min- utes, Item 7.A., Risk Management Operational Audit, be corrected to include her comments that the fine for not having a Cal /Osha poster is $500 and $2,500 if all signs are not posted. She stated she made the motion to ap- prove implementation of Level Two of the Delta Dental Plan and asked that page 6 of the minutes, Item 7.C., Insurance Plan Changes, be corrected to reflect that. Councilmember Breazeal moved to approve the minutes of the regular meeting of October 15, 1991, as amended, seconded by Councilmember Manning and unanimously car- ried, with Councilmember Froehle abstaining. B. PROJECT NO. 91 -1, CAPE AND SLURRY SEAL, MAINTENANCE AREA 5 & 6 - PROGRESS PAYMENT 1 - Councilmember Breazeal indicated there have been com- plaints in the past about the slurry seal projects and asked if there have been any complaints regarding this project. Public Services Director Hart indicated there have been complaints regarding the housekeeping practices of the contractor but not the quality of the work and the con- tractor has been very responsive in correcting any prob- lems. Councilmember Breazeal moved to approve Progress Payment #1 to IPS Services in the amount of $32,619.73, seconded by Councilmember Froehle and unanimously carried. City Council Minutes, November 5, 1991 - Page 4 C. ACCEPTANCE OF SANITARY SEWER IMPROVEMENTS AND EXONERATION OF SECURITY DEPOSIT, 9809 LOWER AZUSA ROAD, TRACT MAP NO. 43136 - Councilmember Breazeal indicated he is concerned about the length of time it takes the County to release bonds when work has been completed and inquired as to how long it took in this case. Public Services Director Hart stated he did not have that information but would look into the matter and forward the information to Councilmember Breazeal. Councilmember Breazeal moved to approve the work that has been completed and accepted for public use the sanitary sewer system in Tract Map #43136; exonerate the security deposit in the amount of $35,000; and instruct the City Clerk to notify the financial institution and depositor, seconded by Councilmember Froehle and unanimously car- ried. I. CLAIM AGAINST THE CITY: PAUL LEPANTE - Mayor Wilson stated the number of claims involving Live Oak Park indicate there might be problems. She suggested the Community Services Commission do an analysis. City Manager Ovrom stated the Community Service Commis- sion is currently reviewing the matter but this claim needs to proceed due to its statute of limitations. Councilmember Breazeal moved to deny the claim as recom- mended by the claims administrator and to encourage the Community Services Commission to continue their review, seconded by Councilmember Froehle and unanimously car- ried. J. PLANNING COMMISSION ACTIONS - Meeting of October 22, 1991 Mayor Pro Tem McGowan requested more information on Item #2. Community Development Director Dawson stated the request is for a room addition on a single story home. If the lot had street frontage it would be the side property line and not a front yard determination. Mayor Pro Tem McGowan moved to receive and file the Planning Commission Actions for the meeting of October 22, 1991, seconded by Councilmember Froehle and unani- mously carried. 1 1 1 City Council Minutes, November 5, 1991 - Page 5 6. UNFINISHED BUSINESS: A. ZONING AND MUNICIPAL CODE AMENDMENTS: ORDINANCE NO. 91 -704 (2ND READING) RELATIVE TO FIRE SPRINKLERS IN RESIDENTIAL DWELLINGS - Community Development Director Dawson stated the City Council, on August 20, 1991, conducted a public hearing and introduced an ordinance which would require fire sprinklers in any new residential dwelling, including attached garages, regardless of the zoning. On September 3, 1991, Council continued second reading and adoption of the ordinance to October 1, 1991 and again this item was continued to November 5, 1991. Initially six options were presented for consideration. Subsequently, the list of options was reduced to either requiring fire sprin- klers in all new dwellings or only in attached new dwell- ings. Although the Planning Commission recommended no change to the current regulations, there seemed to be a concensus at the City Council /Planning Commission Joint Study Session that a requirement for fire sprinklers in "attached" dwellings was justifiable. Councilmember Froehle indicated there has been consider- able discussion on this subject and he is in favor of a gradual implementation by requiring fire sprinklers in attached units only. Councilmember Breazeal indicated he is opposed to a sprinkler requirement. The structures that are at risk are primarily older units and 'this -will not affect them and cost is also a major factor -. Current requirements for hard wired smoke detectors and floor to ceiling unit separation in multiple units as well as fire door and wall requirements- are adequate. He suggested requiring sprinklers for attached projects of ten units or more as he does have safety concerns with. multiple units. Councilmember Manning indicated the authorities strongly support fire sprinkler requirements. She felt require- ments for roofing materials are not stringent enough and suggested looking into changing those requirements. She supports approval orthe- proposed ordinance.. Mayor Pro Tem McGowan indicated" she has not felt it important enough to install sprinklers in her own home and felt she cannot require it of someone else. She thanked Mary Coolman for her letter of opposition to the proposed ordinance and stated- her facts were well founded. She indicated she is infavor of sprinklers in attached units of two units -or more. Mayor`Wilson agreed that because.of the burden of cost fire sprinklers-should only be-required in attached units of ten units or more. City Council Minutes, November 5, 1991 - Page 6 Councilmember Breazeal moved to re- introduce for first reading by title only Ordinance No. 91 -704, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING AN AMENDMENT TO THE TEMPLE CITY MUNICIPAL CODE AND ZONING CODE RELATIVE TO REQUIRING AUTOMATIC FIRE SPRINKLERS IN ALL NEW ATTACHED RESIDENTIAL DWELLINGS AND ATTACHED RESIDENTIAL DWELLINGS AND ATTACHED GARAGES IN THE R -2 AND R -3 ZONES, seconded by Councilmember Froehle and unani- mously carried. Council referred this ordinance to the Planning Commis- sion. B. EXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL REFUSE DISPOSAL SERVICES - Public Services Director Hart stated Council, on February 19, 1991, directed staff to proceed with establishing an exclusive franchise for commercial refuse disposal serv- ices. On August 6, 1991, Council adopted Ordinance No. 91 -701 amending the Municipal Code enabling the City to create an exclusive franchise for commercial refuse disposal. Since 1960, the City has maintained an exclu- sive franchise agreement with Community Disposal Company for residential refuse disposal services. During this period, the company has also provided non - exclusive com- mercial disposal services on a City -wide basis. The Public Resources Code permits those solid waste companies currently licensed by the City to continue to provide such services for a period of five years after notifica- tion by the City of its intent to establish an exclusive franchise. This only applies to those companies that have been conducting business within the City's jurisdic- tion for three or more years. It is staff's opinion that Community Disposal has demonstrated their ability to satisfy all requirements specified in the proposed agree- ment. The company has proven their reliability by meeting or exceeding job performance standards under an existing exclusive franchise agreement with the City for residen- tial disposal. Community Disposal is also currently working effectively with City staff and the Joint Powers Authority Solid Waste Consultants to develop and imple- ment the local Source Reduction and Recycling Element (SRRE). It appears as though the City will eventually have to conduct a commercial waste characterization study and it is staff's opinion that Community Disposal would be -the most logical choice to assist with this project as they are now servicing 97 percent of the City's commer- cial refuse accounts. Staff is recommending that the contract commence on December 1, 1991 and remain in effect until August 8, 1995, at which time the contractor would have the option to extend the agreement to August 8,. 2005. The existing commercial rates would be applica- ble for the remainder of Fiscal Year 1991 -92. Thereafter, rate increases would be established in accordance with the terms of the agreement and be subject to administra- tive review and approval by the City. A five percent 1 1 1 City Council Minutes, November 5, 1991 - Page 7 franchise fee shall be paid to the City by the contrac- tor, shall be applied to the contractor's gross annual receipts, shall be paid to the City on a bi- monthly basis and shall not result in any rate increase during the current fiscal year. Effective July 1, 1992 the fran- chise fee will be added to the commercial rate as a "pass- through" cost. It is requested that the following changes be made to the agreement: 1. The agreement calls for a- $50,000 Performance Bond and as Community Disposal currently has a cash deposit in that amount, the City Attor- ney has advised that this amount would cover both exclusive franchise agreements. 2. It is requested that the rate be based upon the April CPI Index rather than the March Index to coincide with the timing of the annual increases. 3. Additional language is needed to specify the exclusiveness of roll -offs. Councilmember Froehle indicated AB 939 has placed a very restrictive responsibility on cities for reduction goals with significant fines. The City must protect itself with thorough reporting and to accomplish this there must be a coordinated and united effort with the disposal company. He supports the exclusive franchise agreement with Community Disposal as they currently provide resi- dential service and have assisted Temple City in achiev- ing the highest recycling success rate in the San Gabriel Valley. Councilmember Breazeal indicated a waste characterization study will have to be completed and ani•exclusive fran- chise will enable uniformity of reporting, more valid reporting and partial. offset of the cost. He commented that although Athens Disposal did buy Community in 1987, Community Disposal has not really changed and the City's history with them dates back for thirty -one years. Mayor -Pro Tem McGowan indicated she is concerned about approving _ a -fifteen year 'franchise as the company may change ownership sometime -in the future. She suggested approving the franchise for=live':-years'. City Manager Ovrom stated the, five year touchpoint pro- vides for an opportunity to do a full -. evaluation of performance and there are performance requirements as part of the agreement. It was thought that it would be beneficial for this agreement to run concurrently with the existing residential agreement. She indicated a long term franchise agreement provides incentive to the dis- posal company for capital investment. City Council Minutes, November 5, 1991 - Page 8 Councilmember Breazeal indicated the rate increases are locked into pass- through rate increases and will assist the consumer. Mayor Pro Tem McGowan asked if the City would have third party liability and requested copies of monthly vehicle inspection and training records to make the City aware that training has been completed per Cal /Osha standards. City Attorney Martin stated Community Disposal is re- quired to provide proof of insurance. Dennis Chiapetta, General Manager, Community Disposal, stated the company is in full compliance with the new Osha bill, Senate Bill 198 and has a full training pro- gram. The Highway Patrol frequently brings other rubbish companies to their location to look at the accurate record keeping on the pre- and post - inspection trips of all vehicles and the computerization of all records. City Attorney Martin stated it would be understood that the contract will include a clause that Community Dis- posal has complied with SB 198 and will provide certifi- cation once a month that the company is still in compliance. Councilmember Froehle moved to approve an exclusive franchise agreement, as amended, between the City of Temple City and Community Disposal Company for commercial refuse disposal services effective December 1, 1991 and authorize the Mayor to sign the agreement, seconded by Councilmember Breazeal and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: CODE AMENDMENT RELATIVE TO A DEFINITION FOR NEW DWELLINGS - Community Development Director Dawson stated the Planning Commission, on October 8, 1991, adopted a resolution recommending a code amendment to establish a definition of a "new dwelling ". This code amendment was initiated by staff in response to several recent proposals for significant reconstruction and /or expansion of existing dwellings within the City. Plans for so- called "remod- els" often involve an almost complete demolition of the existing structure and re- building of a completely new dwelling. To better define a new dwelling, the following code amendment is being suggested: 1 1 City Council Minutes, November 5, 1991 - Page 9 Dwelling, New, shall mean any residential structure which is to be newly constructed or voluntarily demolished and reconstructed. A remodel or house addition shall be considered a new dwelling if either of the two following conditions exist: 1. The proposed project involves voluntary demo- lition of 50 percent or more of the existing structure including any attached garage; and /or 2. The proposed new construction would more than double the existing square footage of the dwelling. Community Development Director Dawson indicated a site review would be done and the project would have to comply with existing standards. Councilmember Froehle asked for clarification regarding the definition of demolished as it applies to a property owner who wants the windows on the backside of the house to correspond to the new and removes stucco from the backside of the house. Community Development Director Dawson indicated a struc- ture is considered demolished if on the submitted plans walls are shown to be removed or demolished. If a wall is shown to be intact, even though window changes are involved, it would not be considered demolished. Councilmember Breazeal inquired about the possibility of someone building to a .35 F.A.R. in one phase and coming back to build to another .35 F.A.R. in a second phase. City Attorney Martin suggested adding the verbiage "within any two year period ". Mayor Wilson declared the public hearing open and invited anyone wishing to speak on this item to come forward at this time. Ken Gillanders, 4831 Ryland Avenue, asked how this ap- plies to fires and natural disasters. He indicated that many times the structure must, in instances of fire or earthquake, be demolished in order to make it repairable and insurance companies will not pay to upgrade. He suggested a statement be included that fires and natural disasters are not voluntary demolition. Community Director Dawson stated a phrase could be added stating this does not apply to any dwelling that is subject to the provision that allows it to be rebuilt in instances of fire or natural disaster. City Council Minutes, November 5, 1991 - Page 10 Daryl Thomas, 5304 Glickman, indicated he has seen remod- els that are taken down to the foundation and framing and asked if that was destruction. Community Development Director Dawson indicated if done by natural causes it would be destruction, if done as part of construction project it would come under volun- tary demolition. Linda Jo Pyle, 522 F Villa De La Valle, Solana Beach, indicated that attempting to obtain financing on non- conforming legal properties is difficult because lenders look very closely at this requirement and will not fi- nance or refinance. Councilmember Breazeal indicated a legal non - conforming use can be built back to a legal non - conforming use. As there was no one else who wished to speak on this matter, Councilmember Froehle moved to close the public hearing, seconded by Councilmember Manning and unani- mously carried. Councilmember Breazeal moved to approve the Negative Declaration and introduce for first reading by title only Ordinance No. 91 -708, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9113 TO INCLUDE A DEFINITION OF A NEW DWELLING, seconded by Mayor Pro Tem McGowan and unanimously carried. Council referred this ordinance to the Planning Commis- sion. B. PUBLIC HEARING: CODE AMENDMENT RELATIVE TO LANDSCAPING IN PARKING AREAS - Community Development Director Dawson stated the Planning Commission, on October 8, 1991, adopted a resolution recommending a code amendment which would increase the landscape requirements in parking areas from two percent to ten percent of the parking area. The Code currently requires that where more than twenty automobile parking spaces exist on a lot that not less than two percent of the gross area utilized for parking be devoted to inte- rior landscaping. Before the mini -mall standards were adopted in February 1991, staff conducted a survey of other cities and discovered that most cities require more than two percent landscaping in parking areas. Two percent is virtually no landscaping and ten percent would add substantially more. Councilmember Froehle clarified that two percent applies to those areas with twenty spaces or more and asked if the ten percent requirement would also apply to twenty spaces or more. 1 1 1 1 City Council Minutes, November 5, 1991 - Page 11 Community Development Director Dawson indicated it would apply to any open parking area. There would be no re- quirement to go back to retrofit but if there were new construction, this requirement would apply. Council could set a base level of perhaps ten or more spaces that would be required to have the ten percent landscaping. Councilmember Breazeal indicated he is in favor of ten percent for twenty spaces or more. Councilmember Froehle suggested this matter be referred to the Planning Commission for review of the parking space requirement. Mayor Wilson declared the public hearing open and invited anyone wishing to speak on this item to come forward at this time. Daryl Thomas, 5304 Glickman, asked if this would apply to industrial areas as well and if so he felt it would restrict building size and amount of parking. Industrial areas are more difficult to clean and it is easier to sweep unlandscaped areas. Community Development Director Dawson stated it would affect industrial areas also. As there was no one else who wished to speak on this matter, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Froehle and unani- mously carried. Councilmember Breazeal moved to refer consideration of Ordinance No. 91 -709, as it relates to the number of parking spaces, to the Planning Commission, seconded by Councilmember Froehle and unanimously carried. C. PUBLIC HEARING: CODE AMENDMENT RELATIVE TO FLOOR AREA RATIO REQUIREMENTS IN THE R -1 ZONE - Community Development Director. Dawson stated the stan- dards set for R -2 and R -3 Zones are working well and this proposed code amendment will grant-relief ,to the smaller size R -1 lot. He discussed the following options in terms of the subject code amendment: 1. Retain .35 F.A.R., except lots less than 7,200 square feet may apply for CUP to exceed .35 F.A.R. to a maximum of 2,500 square feet of living area. The CUP is to be based upon the following special findings: a. That the proposed dwelling or addition is designed to compliment, enhance and reinforce the character of the sur- rounding neighborhood; and City Council Minutes, November 5, 1991 -.Page 12 b. That the proposed dwelling or addition maintains a sense of scale with the surroundings through the use of appro- priate height, bulk and building mass; and c. That the proposed dwelling or addition will not have an adverse effect upon the use, enjoyment or valuation of neighboring properties or upon the public welfare. 2. Retain .35 F.A.R. or 2,000 square feet of living area, whichever is more. (No CUP process) 3. Retain .35 F.A.R. or 2,500 square feet of living area, whichever is more. (No CUP process) 4. Retain .35 F.A.R. on lots greater than 6,000 square feet. .40 F.A.R. on lots 6,000 square feet or less. 5. No change, except for CUP findings. City Attorney Martin clarified that Options 1 and 5 would have a CUP process and Options 2, 3 and 4 would set a standard but that standard would be subject to a variance in hardship cases. Mayor Wilson declared the public hearing open and invited anyone wishing to speak on this item to come forward at this time. Daryl Thomas, 5304 Glickman, felt there are too many restrictions and property owners should be allowed to build whatever they want on their own lots. Councilmember Froehle stated a majority of people have complained about mansionization and Council is responding to those complaints. As there was no one else who wished to speak on this matter, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Froehle and unani- mously carried. Councilmember Breazeal indicated the ideal approach would be no CUP process but then there will be Zone Variance requests. He indicated he is in favor of Option #3, .35 F.A.R. with 2,500 square feet as setback requirements would still have to be met. Councilmember Froehle indicated the reason for this ordinance is to reduce the appearance of density and Option #2 would accomplish that. He felt the CUP process to be too subjective. Mayor Pro Tem McGowan indicated she is in favor of Option #1. 1 1 1 1 City Council Minutes, November 5, 1991 - Page 13 Mayor Wilson and Councilmember Manning indicated support for Option #3. Councilmember Breazeal moved to select option #3, approve the Negative Declaration and introduce for first reading by title only Ordinance No. 91 -710, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9202 AND 9333 TO ELIMINATE THE CONDITIONAL USE PERMIT PROCESS FOR EXCEEDING THE FLOOR AREA RATIO AND ESTABLISH- ING A FLOOR AREA RATIO OF .35 OR 2,500 SQUARE FEET, WHICHEVER IS GREATER, FOR ALL R -1 ZONED LOTS, seconded by Councilmember Manning and unanimously carried. Mayor Pro Tem McGowan and Councilmember Froehle stated they would reserve their right to vote no on this ordi- nance at the second reading. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Fernando Vizcarra, 5632 Golden West, asked for clarification on Item 7.C. Councilmember Breazeal indicated the ordinance applies to two story homes in the R -1 Zone. A lot with less than 7,200 square feet could be built up to a .35 F.A.R. or 2,500 square feet whichever is greater. It is a tool to accommodate small lots. Sara Lehine, Quota Club, asked' if the City would sponsor a hazardous household waste pick -up during the Health and Safety Fair in May. Councilmember Breazeal stated the Sanitation District will sponsor 190 hazardous household waste pick -ups during this fiscal year. A= large site is needed with specially trained people, special containers and vehicles and Temple City is not equipped to handle a pickup. At 9:26 p.m. Mayor Wilson called a short recess. At 9:40 p.m. Mayor Wilson reconvened the meeting. 9. COMMUNICATIONS: A. LETTER OF CONCERN REGARDING NOISE /NUISANCE AT LIVE OAK PARK - City Manager Ovrom stated- correspondence was received from Sonja Haver- who livesaT on :.Ryland adjacent to Live Oak Park. She met with Ms. Haver and another neighbor, Mr. McDonald-to discuss -her concerns... Staff recommends this matter be°-referred -to the Community Services Commission and in the interim staff` =will be' working with the Sher- iff's Department to mitigate some -of her concerns. City Council Minutes, November 5, 1991 - Page 14 Councilmember Breazeal moved to refer the letter of concern from Sonja Haver regarding noise at Live Oak Park to the Community Services Commission, seconded by Coun- cilmember Froehle and unanimously carried. 10. RECESS TO CRA: At 9:41 p.m., the City Council met as the Temple City Commu- nity Redevelopment Agency; approved the Minutes of the Regu- lar meeting of October 15, 1991; received and filed the 1990 -91 Agency Audit Report; and adopted Resolution No. CRA 91 -463 allowing claims and demands in the amount of $15,827.50. Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 11. ACTION ON REQUEST BY CRA: NONE 12. MATTERS FROM CITY OFFICIALS: A. IMPLEMENTATION PROGRAM FOR DOWNTOWN REVITALIZATION - Economic Development Director Sims stated this program is a culmination of several months of study and actual recommendations that will be implemented over the course of the next several years in the hopes of revitalizing the downtown. Over the years there have been many studies that have looked at this issue but have never been implemented or only in a very limited way. It is time to move forward and to actually begin to work on these issues. The Ad Hoc Committee developed the follow- ing ten point action plan. 1. Establish a Specific Plan for the downtown. A Specific Plan or overall theme is a regulatory planning instrument that creates specific performance standards. 2. Establish a set of design guidelines to assist the City and its decision makers in evaluat- ing projects as to appropriate development and design elements. 3. Establish guidelines for signage. 4. Develop a plan for housing, specifically senior housing. 5. Establish an anchor project in the downtown area. 6. Develop a Storefront Program that would be sponsored by the City with funds that would be made available to businesses to assist them in bringing their storefronts up to date. 7. Propose public improvements such as new streetscape treatment, roadway and sidewalk improvements. 8. Propose parking improvements. 9. Explore the possibility of a Business Improve- ment District. 1 1 1 1 City Council Minutes, November 5, 1991 - Page 15 10. Explore the use of redevelopment in terms of the tools that can be provided to assist in revitalizing the downtown. An estimated cost of producing a comprehensive Specific Plan is $80,000 and would establish criteria under which commercial uses could expand, develop appropriate parking standards, create incentives to consolidate small par- cels, establish where senior housing might be appropri- ate, and establish design guidelines for building and signage. Staff suggests inappropriate development, spe- cifically mini -mall development, not be allowed during the time in which the Specific Plan is being developed. A redevelopment feasibility study was conducted in 1989 and indicated that a redevelopment project was feasible. Staff has reviewed that study and from discussions with another consulting firm, GRC Redevelopment Consultants, felt that it is not needed to do that work again. It is requested that the contract be reduced to $2,500 from $12,500 to verify the conclusions of the previous study and to conduct workshops regarding the issues involved in creating a redevelopment project area. A Storefront Program could be created during the development of the Specific Plan so that financing would be available to assist business owners in upgrading their storefronts. Funds may be available through- a= grant or rebate for smaller improvements and a recapturing loan program for larger improvements. Community Development Block Grant funds that the City receives annually could be used to fund this program. Currently, the Los Angeles County Community Development Commission administers the Block Grant- program on behalf of Temple City and has decided the downtown area is ineligible:for those-funds, however, staff feels strongly that eligibility could be proven by using conclusions from the 1989 study and conclusions from the new contract. Any major public improvements on Las Tunas will involve a substantial amount of money. The plan will have to be determined by what financial re- sources are available. The Ad Hoc Committee and staff will develop a concept plan to determine what level of improvements are appropriate and .what resources are available and can be done in house. The reserves in the Lighting and Landscape Maintenance District could be used to assist in paying for lighting.improvements -.in existing parking lots. It is suggested that technical assistance be obtained to determine -light level and light fixtures. Lighting improvements would be cost effective and would dramatically improve the viability of the area. It is suggested that-a voluntary maintenance program be devel- oped to improve maintenance and cleanliness of sidewalk and mall areas and if not successful a Business Improve- ment District-process may be considered- Senior housing could be folded into the plan with consideration of ways in which to finance the housing effort. The twenty percent set aside requirement of the Rosemead Boulevard Redevelopment project could be used as a source of fund- City Council Minutes, November 5, 1991 - Page 16 ing. It is proposed that Council authorize staff to begin working with developers in a coordinated way in regard to an anchor project to determine to what extent there is interest, what properties would be involved and its impact on the area. A high level of public involvement would be maintained beginning with a workshop on November 21, 1991 to explain the recommendations and program. Councilmember Breazeal commented that the major reason the Ad Hoc Committee suggested consideration of redevel- opment as an entity is to take advantage of any increased values from tax increment financing so the City may garnish some of the revenues to assist in implementation. The Ad Hoc Committee agreed there would be no condemna- tion. Council commended Economic Development Director Sims for the thorough staff report. City Manager Ovrom indicated copies of the staff report were sent to the Ad Hoc Committee members. Al Lehine, 9579 Las Tunas, indicated it is important to disseminate information on all decisions. He commented his landlord has spent over $150,000 to bring his build- ing up to earthquake standards and would not have had to do this had he known the building might be part of a redevelopment project. He is happy there will be no condemnation as he wants a secure future. Sara Lehine, 9579 Las Tunas, indicated it is very diffi- cult to sell businesses today in the downtown. She sug- gested that grafitti be controlled before doing anything about facades. She commented that seniors do not feel safe coming into the downtown area and suggested that senior housing be closer to residential. Annette Coward, 5919 Temple City Blvd., indicated every- one in the area has received bids for their property and if her landlord sells his property, her business will be worth nothing. She inquired if the City has been con- tacted regarding purchase of these properties. She commented that street cleaning is not taking place as regularly as it should. City Manager Ovrom stated commercial areas are swept once a week and if it is not being done, something will be done to remedy the situation. She indicated there has been interest expressed by a broker in the "Alpha Beta" site. It does not involve redevelopment and the downtown is not currently part of a redevelopment project. She stated that if the City were involved it would be only as property owner of the parking lot. Initial inquiries have been made but no formal arrangement has been made. 1 1 1 City Council Minutes, November 5, 1991 - Page 17 Economic Development Director Sims stated a response to a proposal would require a decision by the City Council at a public meeting. The brokers are currently deciding on the feasibility of a project and have indicated they are not interested in buying property along Las Tunas. The City is waiting for them to come forward with a formal proposal. _ Councilmember Froehle stated that if party "A" wants to buy party "B ", it is a private matter and the City cannot enter into it. In response to Ms. Coward's question regarding cars parked longer than two hours in parking lots, Council- member Breazeal indicated selective enforcement can be done. Penny Graham, 9612 Las Tunas, indicated the public should be kept informed. She stated she is against "condemna- tion" but for "revitalization of the downtown ". She inquired as to negotiations for specific addresses the City may have entered into according to an agenda item for the October 1st meeting. City Manager Ovrom stated she did not remember specific- ally and did not want to speculate. She would have to get back to Ms. Graham with that information. Councilmember Froehle indicated that this is a game plan of positive ideas to improve the downtown area and make it viable twenty years from now. He commented that rede- velopment and condemnation are not synonymous and that redevelopment is a way to finance the project. City Manager Ovrom stated as part of this process there will be several workshops on the whole issue of redevel- opment. Council will not make any decisions on redevelop- ment this evening but will decide the process by which those decisions can be made. Councilmember Breazeal indicated the RFP and proposal for the Specific Plan should go before the Planning Commis - sion and suggested continuance of open Ad Hoc Committee meetings to receive additional input. Councilmember Froehle indicated there have been several studies conducted in the last ten to fifteen years and the downtown is still struggling. In the past, no monies have gone into implementation but if something is not done now, the downtown may not survive. He indicated that affirmative steps need to be taken and hopes the land economics will allow it. He stated if Council approves a consultant, the-expenses should be defrayed over this fiscal year and the next to minimize the impact of the expense. . City Council Minutes, November 5, 1991 . - Page 18 Mayor Pro Tem McGowan indicated there should be citizen involvement and suggested Dwight Barnes of Southern Cali- fornia Edison be contacted regarding outdoor lighting. City Manager Ovrom stated the meeting in November is for every business person and every property owner in the study area and letters of invitation will be sent to them. She commented that a press release could also be done for the general public. Councilmember Manning indicated this will .all be accom- plished through communication and working together. Mayor Wilson added that the workshops will accomplish a great deal. Councilmember Breazeal indicated he does not support a moratorium on mini -malls as a previous committee came up with restrictive and severe mini -mall standards and if those standards can be met, a property owner should not be delayed in developing their property until the Spe- cific Plan is in place. Community Development Director Dawson stated there is criteria for mini -malls and those standards were put into place before creation of the downtown Ad Hoc Committee. The intent of the moratorium is to prevent developments contrary to the Specific Plan. The mini -mall Ad Hoc Committee did have some concern about mini -malls along Las Tunas and Temple City Boulevard. Mayor Pro Tem McGowan stated this is a good plan and the committee worked long and hard and she would hate to see anything come along to inhibit the plan. Councilmember Manning moved to adopt Urgency Ordinance No. 91 -711U, AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATORIUM ON MINI -MALL DEVELOPMENTS ON COMMERCIALLY ZONED PROPERTY WITHIN A SPECIFIC PLAN AREA, WHICH GENERALLY ENCOMPASSES AN AREA ALONG LAS TUNAS DRIVE BETWEEN ROWLAND AND SULTANA AVENUE AND ALONG TEMPLE CITY BOULEVARD BETWEEN WORKMAN AND WOODRUFF AVENUES, seconded by Mayor Pro Tem McGowan and did not carry on a roll call vote as follows: ROLL CALL: AYES: NOES: ABSENT: Councilmember- Manning, McGowan Councilmember - Breazeal, Froehle, Wilson Councilmember -None Councilmember Breazeal moved to authorize staff to so- licit proposals for the preparation of a Specific Plan for the downtown and amend the budget to provide $80,000 in the General Fund for professional consulting services; instruct staff to reduce $5,000 in consulting service 1 1 City Council Minutes, November 5, 1991 - Page 19 from the Community Redevelopment Agency (CRA) and appro- priate funds in the General Fund for independent economic consulting in support of the Specific Plan; instruct staff to reduce $2,500 in consulting services from the CRA for redevelopment area feasibility study, appropriate funds in the General Fund and prepare a contract with GRC Redevelopment Consultants, Inc. for consideration at the meeting of November 19, 1991; authorize staff to prepare a Facade Improvement Program including a financial plan for funding the program, and return with a conceptual plan for Council consideration and further direction; that staff prepare a conceptual public right -of -way and streetscape improvement plan for Ad Hoc Committee recom- mendation to the City Council; that staff proceed with plans for lighting improvements in the downtown parking lot areas, including the hiring of a lighting engineer not to exceed $2,000, to be funded with the Lighting and Landscape Maintenance District Reserves; that staff work with the Chamber of Commerce to solicit their sponsoring a voluntary cooperative maintenance program for sidewalk and pedestrian mall areas, and if this effort is unsuc- cessful, that staff return with the requirements of forming a Business Improvement District; that staff work with commercial development interests in securing an anchor project in the downtown area, with emphasis on the Alpha Beta block, north of the businesses fronting on Las Tunas; and develop a continuing Public Outreach effort including public workshops, newsletter updates and ongo- ing communication with the Chamber of Commerce, seconded by Mayor Pro Tem McGowan and unanimously carried. City Manager Ovrom suggested Monday, November 25, 1991 for the first workshop and Council concurred. B. OTHER - 1. Councilmember Breazeal indicated he had previously requested a letter be sent to the governor expressing Council's concern over the major cuts in the college system and requested it be placed on the next agenda. He commented that as a member of Kiwanis he appre- ciated the assistance of the Key Club, staff and Council in making the Halloween Carnival very suc- cessful. He commended the Word of Freedom Ministries for their 7th annual Harvest Night and requested the Mayor send a letter of commendation to them for their community service. 2. Mayor Pro Tem McGowan indicated staff has come to Council several times regarding smoking in City facilities. City facilities have been deemed "No Smoking" areas but it has not been a deterrent and suggested largerr signs and that it be spelled out in the Agenda. City Council Minutes, November 5, 1991 - Page 20 C. CLOSED EXECUTIVE SESSION - At 11:15 p.m., the City Council recessed to a closed Executive Session to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (B) (1) and is hereby of the opinion that a significant exposure to litigation exists. Reconvened at 11:25 p.m. 13. ADJOURNMENT: At 11:25 p.m., it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on Tuesday, November 19, 1991 at 7:30 p.m. in Council Chambers, 5938 North Kauffman Avenue. G� .; 4 ,4) Mayor 1 1