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.
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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
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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
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