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HomeMy Public PortalAboutCity Council_Minutes_1998-10-06_Regular 19981 1 1 CITY COUNCIL MINUTES OCTOBER 6, 1998 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted October 2, 1998, Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, October 6, 1998. 2. ROLL CALL: PRESENT: Councilman- Breazeal, Souder, Wilson, Brook, Gillanders ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Community Services Manager Burroughs, Financial Services Director Maldonado, Public Services Director Hart, Senior Management Assistant Flod, Public Safety Coordinator Zylla and Planning Assistant Williams 3. The invocation was given by Pastor Michael Friedman, First Southern Baptist Church, 4856 North Golden West Avenue, Temple City. 4. The Pledge of Allegiance was led by Councilman Souder. 5. CEREMONIAL MATTERS: Mayor Gillanders presented a proclamation to Miriam Brown, Director, Escrow Associates of San Gabriel Valley, designating the month of October as Escrow Month. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 7. CONSENT CALENDAR Councilman Wilson removed Item E. Items H, J, M and 0 were removed by Councilman BreazeaL Item J was also removed by Mayor Pro Tem Brook and Councilman Souder. Councilman Breazeal moved to approve the remainder of the Consent Calendar as presented, seconded by Councilman Wilson and unanimously carried. A. APPROVAL OF MINUTES: Regular meeting of September 15, 1998 Approved the minutes of the regular meeting of September 15, 1998, as submitted. B. REQUEST FOR TRAVEL AUTHORIZATION Authorized out -of -area travel for the City Attorney. C. EXCHANGE OF OWNERSHIP OF SANTA CLAUS HOUSE AND TRAILER Accepted offer from the Chamber of Commerce and applied the sum of $1,000 to the unpaid balance on the loan and established the next payment due on July 1, 2001. D. USE OF CITY SEAL ON ASSEMBLYMAN BOB MARGETT'S WEB SHE Granted permission to Assemblyman Bob Margett to use the City Seal on his web site. F. PLANNING COMMISSION ACTIONS - Meeting of September 22, 1998 Received and filed. G. PETTY CASH AND VISA CARD REPORT Received and filed. I. APPROVAL OF PRINTER SERVICE AGREEMENT WITH ENTERPRISING SERVICE SOLUTIONS COMPANY Approved renewal of maintenance service agreement and authorized the Mayor to sign. City Council Meeting Minutes October 6, 1998 Page 2 K. REAPPROPRIATION OF PVEA GRANT AND AQMD AB 2766 FUNDS FOR ALTERNATIVE FUEL VEHICLE ACQUISITION AND RELATED EQUIPMENT ENHANCEMENTS Re- approved related appropriations and amended the budget accordingly. L. APPROPRIATION OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT (AB 3229 BRULTE) Received and considered expenditure request and approved expenditure. N. APPROVAL OF JOINT POWERS AGREEMENT TO PROVIDE FOR INTER- AGENCY COOPERATION IN A MAJOR NATURAL OR MAN -MADE DISASTER Ratified the agreement for inter- agency cooperation in a major natural or man-made duster with the Los Angeles County Operational Area and Disaster Management Area "D ", and authorized the Mayor to sign. P. RESOLUTION NO. 98 -3704: APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 98 -3704, allowing claims and demands in the amount of $734,523.32. E. PARKS AND RECREATION COMMISSION ACTIONS - Meeting of September 16, 1998 Councilman Wilson referred to Item No. 3, Discussion Regarding Signs for Live Oak Park, and asked what kind of signs were discussed. Community Services Manager Burroughs stated the Commission discussed placement of additional signs informing the public of pertinent Municipal Code sections and hours and rules for the tennis and basketball courts. Councilman Wilson moved to receive and file the Parks and Recreation Commission actions for their meeting of September 16, 1998, seconded by Councilman Souder and unanimously carried. H. RESOLUTION NO. 98 -3703: CONSOLIDATION OF AGENCY NOTES Councilman Breazeal asked whose idea it was to reduce the interest rate from 12% to 7 %. Financial Services Director Maldonado stated the CRA attorney recommended reducing the interest rate. At the time of the original loan, the interest rate was approximately 13% for CD's. The current rate is approximately 5.6% from LAIF. The auditors also indicated 12% was unreasonable. The CRA attorney stated he is comfortable with the fixed rate of 7 %. Councilman Breazeal moved to adopt Resolution No. 98 -3703, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND AUTHORIZING A CONSOLIDATED NOTE FOR LOANS TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY, seconded by Councilman Souder and unanimously carried. J. PROPOSED BUDGET AMENDMENTS Councilman Souder referred to the Capital Improvement Project of resurfacing Lower Azusa Road and stated he is concerned the City may lose Prop C dollars for this project. Councilman Breazeal stated it is not good fiscal management to expend these dollars prior to obtaining MTA approval just to meet a schedule. City Manager Riley indicated the submittal of the request for MTA approval on this project was inadvertently omitted or submitted in an incomplete fashion. The City may not recoup this but it will not be a cumulative problem. 1 1 1 1 1 1 City Council Meeting Minutes October 6, 1998 Page 3 Public Services Director Hart stated preliminary approval from MTA for Prop C funds for both projects has been obtained. Staff is submitting requested information tomorrow. Financial Services Director Maldonado stated that because the project has already proceeded with engineering costs, those costs are not eligible reimbursements. If construction is delayed until Prop C approval is obtained, construction funds will be available. Councilman Souder asked the cost for the total project. Financial Services Director Maldonado stated the Lower Azusa project costs are approximately $240,000, which includes engineering, design and construction. Half was budgeted with Prop C money and the other half with gas tax monies. Councilman Souder clarified that $13,046 will come out of the general fund because the City does not have approval from MTA for the project. Financial Services Director Maldonado indicated the billing is through July and she anticipates an additional budget amendment for costs incurred since July. The $13,046 is half of a bill through July. Councilman Breazeal stated the expenditure for the Student and the Law program is requested because the City did not receive the bill for its share until after the end of the fiscal year. He suggested the City not pay expeditiously and remind the School District that they have a responsibility for timely submission of invoices. Councilman Souder stated the City owes the money and should pay the bill Councilman Breazeal suggested the City Manager write a reproachful letter. Con rilman Breazeal moved to approve a budget amendment in the amount of $22,419, seconded by Councilman Souder and unanimously carried. Councilman Souder moved to request staff bring back at the next Council meeting, information regarding expenses incurred since July toward the Lower Azusa Road resurfacing project, seconded by Councilman Breazeal and unanimously carried. M. REQUEST TO TERMINATE ASSESSMENT DISTRICT ENGINEERING CONTRACT SERVICES AND AUTHORIZATION TO SOLICIT RELATED QUALIFICATION PORTFOLIOS Councilman Breazeal stated he does not agree the contract should go out to bid. He explained the two individuals who have worked closely on the City's projects have left Berryman & Henigar and are now working at Harris & Associates. He suggested contracting with Harris and Associates to maintain consistency on the City's projects. Councilman Breazeal moved to issue a notice of termination regarding assessment district engineering services provided by Berryman & Henigar and directed staff to negotiate a contract with Harris and Associates for assessment district engineering services, seconded by Councilman Wilson and unanimously carried. O. REQUEST FOR APPROVAL OF PARS 457 DEFERRED COMPENSATION PLAN AND , ADOPTION OF RESOLUTION NO. 98 -3708 Conncilman Breazeal asked for clarification on this item. City Council Meeting Minutes October 6, 1998 Page 4 Senior Management Assistant Flod stated the trustee for the part -time employees' deferred compensation plan, Union Bank, made minor revisions to the plan previously approved by Council. Council is being asked to approve those revisions. Councilman Breazeal moved to adopt Resolution No. 98 -3708, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CALIFORNIA PUBLIC AGENCY RETIREMENT SYSTEM (PARS) BENEFITS FBO CITY OF TEMPLE CITY SECTION 457 TRUST ALTERNATIVE RETIREMENT PLAN; and approve the part -time employees' PARS 457(b) deferred compensation plan documents including 1) Appointment of Union Bank of California as investment fiduciary; 2) Three Party Agreement (City/PARS/Union Bank); and Phase 11 Service Agreement -PARS Benefits Trust 457 Plan, seconded by Councilman Souder and unanimously carried. Q. Councilman Breazeal moved to add Item 7.Q, Acceptance of Work for the Live Oak Park Recreation Center Project, to the agenda, seconded by Councilman Souder and carried on a roll call vote as follows: AYES: Councilman- Breazeal, Souder; Wilson, Brook, Gillanders NOES: Councilman -None Councilman Souder moved to accept the work performed by Old Hickory Construction, Inc. regarding the Live Oak Park Recreation Center Project; direct the City Clerk to file the notice of completion; and authorize release of the 10 percent retention following the 35 -day lien period, seconded by Councilman Breazeal and unanimously carried. R. Councilman Souder moved to add Item 7.R, Approval of Progress Payment Nos. 1 and 2 for the Citywide ADA Sidewalk Wheelchair Access Ramp Project, to the agenda, seconded by Councilman Breazeal and carried on a roll call vote as follows: AYES: Councilman - Breazeal, Souder, Wilson, Brook, Gillanders NOES: Councilman -None Councilman Souder moved to approve progress payment Nos. 1 and 2 to JDC, Inc. in the amount. of $236,880.27, seconded by Councilman Breazeal and unanimously carried. 8. UNFINISHED BUSINESS A. CONSIDERATION OF 9/80 OPEN BUSINESS HOURS FOR CITY OFFICES City Manager Riley presented background information as outlined in the staff' report dated October 6, 1998. Councilman Breazeal stated he had been opposed to City Hall being closed on alternate Fridays and is pleased City Hall will remain open Monday through Friday. He commended City Manager Riley for arranging the schedule with senior management present at all times. Councilmen Souder and Wilson concurred. Councilman Breazeal moved to approve implementation of the new 9/80 open City office hours effective on the pay period starting on January 2, 1999, and approve a budget amendment of $700 for fiscal year 1998 -99, seconded by Councilman Wilson and unanimously carried. 1 1 1 1 1 1 City Council Meeting Minutes October 6, 1998 Page 5 B. Councilman Wilson moved to add Item 8.B, Vehicle Purchase Request, to the agenda, seconded by Councilman Souder. The motion failed on a roll call vote as follows: AYES: Councilman - Souder, Wilson, Brook NOES: Councilman - Breazeal, Gillanders 9. NEW BUSINESS A. PUBLIC HEARING: ZONE CHANGE 98 -1347; ZONE VARIANCE 98 -1348; ADMINISTRATIVE CONDITIONAL USE PERMIT 98 -1350; VESTING TENTATIVE TRACT MAP 52583; VESTING TENTATIVE TRACT MAP 52592; AND VESTING TENTATIVE TRACT MAP 52593 AT 4900- 4908, 4911 -4927, 5018 -5032 GLICKMAN AVENUE (COMSTOCK HOMES) City Manager Riley excused himself from the Bias as he is a property owner in the area of the proposed project. He noted he has withdrawn from the processing of this project. Community Development Director Dawson presented background information as outlined in the staff report dated October 6, 1998. Mayor Gillanders expressed his concern that the impact on the sewer system will not be known until after all three projects are built. Community Development Director Dawson stated a condition on each of the three subdivisions requires a sewer capacity analysis to be completed. If they do not comply, the'developer must do necessary upgrades to the mainline sewer. Before the fmal subdivision map is recorded, the analysis would have to be complete. Councilman Breazeal requested the Planning Commission minutes and staff reports be included as part of the record. He commended the planning staff, public works staff and the Planning Commission for the work done on this project. Mayor Pro Tem Brook asked if there is a contingency for trash pick up. Community Development Director Dawson stated the CC &R's allow for individual trash pick at the street. The trash trucks will have access to the street. Mayor Gillanders declared the public hearing open and invited those wishing to speak on this matter to come forward. Peter Bohlinger, 321 12th Street, Manhattan Beach stated the project provides traditional homes with front porches. The density could allow 50% more to be built. He indicated he has worked with staff and the Planning Commission to address objections that were raised and modified the proposal to mitigate those objections. Daryl Thomas, 5304 Glickman Avenue indicated there has been no consideration given with respect to traffic on Lower Azusa Road and he is concerned about eastbound left turns. Mayor Gillanders responded Lower Azusa will soon be paved and left turn pockets will be included in the project. Mr. Thomas stated he disagrees with not requiring sidewalks as it creates an nn afe situation for children by forcing them into the street. City Council Meeting Minutes October 6, 1998 Page 6 Mayor Gillanders responded the Council decided several years ago to eliminate the requirement for sidewalks as the expense of sidewalk repairs caused by trees was constant and beyond the City's ability to pay for it. Mr. Thomas suggested there would be no maintenance if there are no trees on City property. Councilman Wilson noted the project will be built on a cul -de -sac and children will be playing in front of their own homes. Mr. Thomas inquired about the street lighting. Community Development Director Dawson stated the lights on public property are conveyed by the City and maintained by Edison and those lights on private property will be maintained by the association. Mr. Thomas asked about the impact on the sewer system. Councilman Breazeal stated the Council Capital Improvement Program Subcommittee has asked the engineering subcontractor to develop a Request for Proposal so the City may engage an engineering firm to perform an assessment of Temple City's sewer capacity and determine the implications if the City's absorption is built out given the permitted densities. Andy Dixon, 4924 North Birchland Place agreed the project will beautify the area, however, he is worried about his privacy. He indicated he asked that the developer be required to plant trees for privacy and was told this was not possible. He noted he has rental property on Ryland where a City tree is lifting the sidewalk and ruining the driveway. If that tree cannot be removed, he does not understand how the developer can be allowed to remove trees for driveway access. He indicated he is also concerned there is not enough police coverage for the increased population. Councilman Souder stated the developer must submit a plan for approval outlining what trees will be taken out and then are required to provide two replacement trees for every tree taken out. Community Development Director Dawson stated the Planning Commission felt it an onerous requirement to require planting of trees as the setback requirement is already 15 feet for residential developments. He noted street trees are a different issue. Councilman Souder asked Mr. Dixon how far his home is from the property line. Mr. Dixon answered it is approximately 40 feet with a pool and a two foot planter at the property line. He indicated he would have to tear up his deck if he were to plant trees for privacy. He added that trees would also provide security for the project. Mr. Bohlinger rebutted that the project homes are side view oriented and the window impact is minimized If planting of trees was required, there is no guarantee the new homeowner would not remove them. He stated trees are not needed for security as it is a cohesive group of neighbors and there will be Neighborhood Watch groups. There being no one else wishing to speak, Councilman Wilson moved to close the public hearing, seconded by Councilman Souder and unanimously carried. Mayor Pro Tem Brook stated he empathized with Mr. Dixon with regard to the privacy issue, however, he cannot fmd anything that the Planning Commission has not covered thoroughly. He indicated he is concerned about sewer volume. 1 1 1 1 1 1 City Council Meeting Minutes October 6, 1998 Page 7 Councilman Souder stated the project meets the criteria and will be a vast improvement to the area. Councilman Wilson expressed her satisfaction that Glickman will be well lit and the homes are not mansionized and will fit into the neighborhood. Councilman Breazeal stated he does have a concern about privacy but there is no solution. He noted eleven homes will be replaced and 13 homes will be added with minimal impact. The tentative tract meets the criteria; the zone change reduces density; the project has a single family appearance and is highly compatible with the neighborhood. He added that the City's housing stock needs to be recycled. Mayor Gillanders agreed. Councilman Breazeal moved to approve the Negative Declaration, introduce for first reading by title only, Ordinance No. 98 -827, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE TO APPROVE ZONE CHANGE 98 -1347 TO RECLASSIFY THREE NON - CONTIGUOUS SITES AS SHOWN ON THE ATTACHED MAP FROM MEDIUM DENSITY RESIDENTIAL (R -2) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) AT 4900 -4908, 4911 -4927 AND 5018 -5032 GLICKMAN AVENUE, and adopt Resolution No. 98 -3705, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ADMINISTRATIVE CONDITIONAL USE PERMIT 98 -1350 AND VESTING TENTATIVE TRACT MAP NO. 52583 TO SUBDIVIDE THE PROPERTY FOR EIGHT (8) DETACHED DWELLINGS ON FEE SIMPLE LOTS TO BE SERVED BY A COMMON DRIVEWAY (PRIVATE STREET) OFF OF GLICKMAN AVENUE FOR THE PROPERTY LOCATED AT 5018 -5032 GLICKMAN AVENUE, Resolution No. 98 -3706, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING THE APPROVAL OF ZONE VARIANCE 98 -1348 AND APPROVING ADMINISTRATIVE CONDITIONAL USE PERMIT 98 -1350 AND VESTING TENTATIVE TRACT MAP NO. 52593 TO SUBDIVIDE THE PROPERTY FOR SIX (6) DETACHED DWELLINGS ON FEE SIMPLE LOTS TO BE SERVED BY A COMMON DRIVEWAY (PRIVATE STREET) OFF OF GLICKMAN AVENUE FOR THE PROPERTY LOCATED AT 4900 -4908 GLICKMAN AVENUE, and Resolution No. 98 -3707, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ADMINISTRATIVE CONDITIONAL USE PERMIT 98 -1350 AND VESTING TENTATIVE TRACT MAP NO. 52592 TO SUBDIVIDE THE PROPERTY FOR TEN (10) DETACHED DWELLINGS ON FEE SIMPLE LOTS TO BE SERVED BY A COMMON DRIVEWAY (PRIVATE STREET) OFF OF GLICKMAN AVENUE FOR THE PROPERTY LOCATED AT 4911 -4927 GLICKMAN AVENUE, seconded by Councilman Wilson and unanimously carried. Councilman Breazeal suggested stair investigate the problem with the tree on Mr. Dixon's rental property on Ryland. 10. COMMUNICATIONS - None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 8:45 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the minutes of the regular meeting of September 15, 1998; and adopted Resolution No. CRA 98 -672, allowing claims and demands in the amount of $276,819.46. Minutes of the Agency are set forth in full in the Agency's records. RECONVENED AS CITY COUNCIL City Council Meeting Minutes October 6, 1998 Page 8 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE - None 14. MATTERS FROM CITY OFFICIALS A. HOUSING PROGRAM CRITERIA Councilman Breazeal suggested using volunteers to reduce routine administrative duties. City Manager Riley stated he would be concerned about confidentiality. There may be an opportunity to use grant funds to relieve staff from the work load created by managing the grant. Councilman Souder asked if the process can be sped up and if Housing Officer McGrath's time is being used properly. City Manager Riley stated Housing Officer McGrath's duties administering the grants may take him away from processing applications, however, he is doing an excellent job. B. SCHEDULE FOR EVALUATION OF CITY MANAGER City Manager Riley presented background information as outlined in the staff report dated October 6, 1998. Council scheduled the annual performance evaluation of the City Manager for October 20, 1998, at 6 p.m. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL 1. REQUEST FOR REFERRAL TO PLANNING COMMISSION Councilman Breazeal requested the Council refer to the Planning Commission consideration of permitting compact car parking in smaller as well as larger commercial developments. He indicated he has not yet been able to obtain information regarding the number of compact cars in California. Councilman Souder commented that people park large cars in compact spaces. Councilman Breazeal requested consideration be given on the next agenda for a once a month review of cases analyzed by the City Attorney. Councilman Breazeal referred to a draft ordinance with regard to adult businesses and stated another alternative is the use of a temporary administrative conditional use permit with a waiver of 30 days. He suggested it be referred to the Code Enforcement Oversight Committee for their review. B. COUNCILMAN SOUDER - None C. COUNCILMAN WILSON - None D. MAYOR PRO TEM BROOK - None E. MAYOR GILLANDERS - None 1 1 1 1 City Council Meeting Minutes October 6, 1998 Page 9 16. CLOSED SESSION - None 17. ADJOURNMENT At 9:00 p.m., it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on Tuesday, October 20, 1998, at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. A'1'i'KST: 1 1 yor