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HomeMy Public PortalAboutCity Council_Minutes_1979-08-07_Regular 1979CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 7, 1979 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:34 p.m. on Tuesday, August 7, 1979, in the Council Chamber of the City Hall. 2, The Pledge of Allegiance to the Flag was led by Mayor Dennis. 3. ROLL CALL: Present: Councilmen - Atkins, Gillanders, Merritt, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks and Recreation Director Kobett, Julie Estrada, Temple City Times, and Sue Avery, Los Angeles Times At this time, Mayor Dennis presented a Certificate of Appreciation to Michael Budd and Robert Castillo, commending them for their first aid to the victim of a traffic accident, which may have saved the victim's arm and possibly his life.. 4. CONSENT CALENDAR: Councilman Tyrell moved to approve Items A through K on the Consent Calendar, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES: Regular Meeting of July 17, 1979 Approved minutes as written, B. ACCEPTANCE OF SANITARY SEWER: TRACT 33529 - TEMPLE CITY BOULEVARD AND LONGDEN AVENUE Approved this work completed and accepted sewer for public use; released Sanitary Sewer Agreement; and released Faithful Performance Bond. C. APPROVAL OF WATER SYSTEM: TRACT 32489 - 5323 -29 SANTA ANITA AVENUE Found the work completed in a satisfactory manner; released the Subdivision Water System Agreement; and released Surety Bond. D. LOS ANGELES COUNTY FLOOD CONTROL - BENEFIT ASSESSMENT REPORT Received and filed copy of report on benefit assessment for flood control which had been filed with the Clerk of the Board of Supervisors who will hold public hearing August 9, 1979 on question of flood control financing. E. PLAY APPARATUS AREA: TEMPLE CITY PARK Approved plans and preparation of necessary plans and specifications and authorized advertising for bids for new play apparatus at Temple City Park, and authorized donation of existing play apparatus to Temple City Unified School District. F. REQUEST FOR JURISDICTION: BALDWIN AVENUE, LIVE OAK AVENUE TO LOWER AZUSA ROAD Adopted Resolution No 79 -1832 granting the. County of Los Angeles jurisdiction of Baldwin Avenue between Live Oak Avenue and Lower Council Minutes, August 7, 1979 - Page 2 Azusa Road to act as the administering agency to reconstruct the median strip and resurface within subject limits. G. APPROVAL FOR ATTENDANCE: LEAGUE OF CALIFORNIA CITIES CONFERENCE SAN FRANCISCO, SEPTEMBER 22 -25 Approved attendance for sixteen City Officials to attend subject conference and authorized advance registration. H. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - REQUEST TO USE LIVE OAK PARK: TEMPLE CITY JR, WOMEN'S CLUB Approved recommendation of Parks and Recreation Commission that the request from Temple City Jr. Women's Club to conduct a Stars for Health Fair at Live Oak Park September 1, 1979, from 10 a.m. to 4 p.m. I. PLANNING COMMISSION ACTION - Regular Meeting of July 24 Received and filed memo setting forth action taken by the Planning Commission at their regular meeting held July 24, 1979. J. RESOLUTION NO, 79 -1833: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 79 -1833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. K. RESOLUTION NO. 79 -1834: WARRANTS AND DEMANDS Adopted Resolution No. 79 -1834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $137,016,89, DEMAND NOS. 12542 THRU 12653. UNFINISHED BUSINESS: 5, PUBLIC HEARING: PROPOSED STANDARDS FOR CONDOMINIUM CONVERSION City Manager Koski presented background information, stating the City Council, at their regular meeting held May 15, 1979, adopted Ordinance No, 79 -476 as an urgency ordinance imposing a moratorium on condominium conversions, pending Planning Countission study. The Planning Commission, at their regular meeting of June 26, 1979, reviewed standards developed by staff and recommended them to City Council. City Council, at their regular meeting held July 17, 1979, set public hearing on this matter for August 7, 1979. Planning Director Dragicevich advised the standards include design criteria and conversion procedures which are of an administrative nature. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to the subject to come forward. No one came forward. Councilman Tyrell expressed concern that the standards contain suggestions rather than means to impose corrective measures for conversions. Specifically, Councilman Tyrell stated Item 4 of the procedures requires submitting a structural pest report without providing for corrections. City Attorney Martin advised the addition of the words "and shall provide for any corrective work" would make the paragraph enforceable. Councilman Tyrell also expressed concern that no control is provided for such areas as: 1) lighting; 2) vents; 3) plumbing; and 4) sound insulation, and he feels the standards are not sufficient to advise contractors what is required. Mayor Dennis stated he also feels the standards need additional study. Councilman Gillanders stated that no where does it say the standards require bringing a structure up to existing code. Council Minutes, August 7, 1979 - Page 3 Councilman Tyrell moved to set public hearing to consider extension of the moratorium for August 21, 1979 and continue public hearing to consider standards for conversion to September 18, 1979, seconded by Councilman Gillanders and carried; Council requested a joint study session with the Planning Commission prior to September 18, 1979, NEW BUSINESS: II6. ORDINANCE NO. 79 -478: MORATORIUM ON NEW CONDOMINIUM CONSTRUCTION City Manager Koski presented background information, stating the. City Council, at their regular meeting held July 17, 1979, the City Attorney was directed to prepare an ordinance imposing a moratorium on new condominium construction. The City Attorney has prepared the proposed ordinance and the matter`is before the City 1 1 Council at this time, Mayor Dennis noted the proposed ordinance, under Section 6, provides for relief from the moratorium upon application to the City Council, and also those maps which have already received approval from either the Planning Commission or City Council are exempt. City Manager Koski advised that under Item 7, Communications, Council has received a letter from Joe Ferrari, 5613.N. Helen Avenue, which Council may wish to consider as a letter in opposition to the enactment of a moratorium. Councilman Tyrell felt the ordinance, under Section 6, should indicate that an application for relief will. be processed by the City Council at their next regular meeting. Joe Ferrari, 5613 N. Heleo Avenue, stated the moratorium would be a hardship on him; that he has already invested a great deal of money in plans and preparing the site at 9626 Longden Avenue for the project. Councilman Tyrell stated he felt the proposed moratorium should be for 60 days rather than the 90 days as written. Mayor Dennis agreed, saying it would put more pressure to complete the study. Councilman Atkins stated he has concerns about density, setbacks, and other problems associated with condominiums and wants to have an in -depth study.. Mike Klipa inquired as to whether tentative maps already approved wou�rfall under the moratorium and he was advised they would not. Bob O'Leary, Alhambra, stated the moratorium would be a hardship on him as he has a set of plans completed; that trying to upgrade the code for condominium construction is contrary to the guidelines set by the federal government. to provide affordable housing. Councilman Gillanders stated the national directives are not necessarily good for all communities; a lot of the condominiums problems in our City are brought about by the yield per acre. Lee Boyles, 5609 Welland Avenue, asked about the Master Plan, stating when the plan was adopted by City Council he had one R -2 and one R -3 lot and that he has been working toward converting the R. -3 1,'t into p ole. r uaanred r > l'now IF 471, Council Minutes, August 7, 1979 - Page 4 Commission. Mr. Arias was advised his map could not be processed, however, he could make application under Section 6 of the. proposed ordinance if adopted. Debra Schwartz inquired if the City Council would limit the proposed moratorium to 90 days. Mrs. Schwartz was advised that if the study is not completed within 90 days it could conceivably be extended. Councilman ATkins stated he is very much in favor of the proposed ordinance with the exception of Section 6 which in his opinion provides an escape clause. Councilman Gillanders stated he supports the proposed ordinance, although Section 6 might present problems. Councilman Merritt stated he favors the proposed ordinance and feels that Section 6 is necessary. Councilman Tyrell stated he favors the ordinance with Section 6, however he feels that 60 days is adequate to study condominium construction. Mayor Dennis stated he thinks enactment of the proposed ordinance is poor judgment on the part of City Council and is not in favor of it. Many people have developed plans and gone through, financing; he feels we should live with the present code until such time as a study would come up with something better. Councilman Atkins moved to adopt the proposed ordinance with the deletion of Section 6, seconded by Councilman Gillanders. Motion failed on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins; Gillanders. NOES: Councilmen- Merritt, Tyrell, Dennis Councilman Merritt moved to adopt the proposed ordinance as written by the City Attorney, seconded by Councilman Gillanders. Motion failed on a roll call 'vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Merritt NOES: Councilmen- Tyrell, Dennis Councilman Tyrell moved to adopt the proposed ordinance changing the effective period from 90 days to 60 days, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilman- Atkins, Gillanders, Merritt, Tyrell NOES: Councilmen - Dennis Councilmen Atkins and Gillanders noted their objection to the effective period of 60 days, City Attorney Martin presented Ordinance No. 79 -478 AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE IMPOSING A MORATORIUM ON NEW USES RELATED TO, AND ON BUILDING AND OCCUPANCY PERMITS FOR CONDOMINIUMS, STOCK CO- OPERATIVES AND OTHER SIMILAR USES PENDING PLANNING COMMISSION STUDIES WITH RESPECT THERETO by title only. Councilman Atkins moved to adopt by title only, seconded by Councilman Gillanders and carried. 7. COMMUNICATIONS: There were no communications. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. Council Minutes, August 7, 1979 - Page 5 RECESS TO CRA: City Council recessed at 8:35 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held July 17, 1979, and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. IRECONVENE AS CITY COUNCIL: 9. ACTION ON REQUEST BY CRA: There was no action to be taken. 10. MATTERS FROM CITY OFFICIALS: A. Speed Limit - Rosemead Boulevard: Traffic & Engineering Survey - Caltrans 1 City Manager Koski presented a recommendation from Traffic Commission to approve Caltran "'s findings substantiating 40 mph to be the reason- able and prudent speed for Rosemead Boulevard within the boundaries of Temple City. Councilman Tyrell moved to approve retaining the current 40 mph on Rosemead Boulevard within City limits, seconded by Councilman Merritt and carried. B. Request for Use of a Portion of Live Oak Park: Temple City Youth Football City Manager Koski presented request from the Temple City Youth Football Organization to use a portion of the east athletic field at Live Oak Park to conduct a Jog -A -Thon on Friday, September 7, from 6:30 p.m. to 8:30 p.m. Councilman Merritt moved to approve request, seconded by Councilman Tyrell and carried. C. Councilman Gillanders expressed satisfaction that the State Legislature did not confirm the appointment of Jane Fonda to the California Arts Council. D. Mayor Dennis directed Council's attention to the list of activities remaining on the Parks and Recreation Department summer program, inviting Council to attend if possible. Mayor Dennis also advised he had attended the baseball game between the Temple City Pony League All -Stars and the Japan Pony League All - Stars, advising he had presented a Certificate of Recognition to the Japan team. E. Councilman Gillanders request the Council study an Emergency Preparedness plan at their next Study Session. 11. ADJOURNMENT: 1 On motion by Councilman Gillanders, seconded by Mayor Dennis, the meeting adjourned at 8:45 p.m. Next regular meeting of the City Council will be held Tuesday, August 21, 1979, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Deputy City Cler