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HomeMy Public PortalAboutCity Council_Minutes_1984-01-03_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 3, 1984 INITIATION: 1. CALL TO ORDER: Mayor Gillanders called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, January 3, 1984, in the Council Cham- ber -of the City Hall. 2. The invocation was given by John Stephens, Presiding Elder, Reorgan- ized Church of Jesus Christ of Latter Day Saints, 9468 Broadway 3. The Pledge of Allegiance to the Flag was led by Mayor Gillanders: 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Swain, Tyrell, Gillanders Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, and Julia Estrada, Temple City Times. 5. CONSENT CALENDAR: Councilman Atkins requested Item D be removed from the Consent Cal- endar; Jim Roth requested Mayor Gillanders remove Item B -4; and Mayor Gillanders requested removal of Item H. On motion by Councilman Atkins seconded by Councilwoman Swain all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of December 6, 1983. Approved as written. B. RECOMMENDATIONS FROM TRAFFIC COMMISSION - MEETING OF DEC. 7, 1983. (1) ORDINANCE NO. 83 -545 - ADOPTION OF CURRENT COUNTY TRAFFIC CODE TITLE 15 - VEHICLES AND TRAFFIC Introduced Ordinance No. 83 -545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 3300 OF THE TEMPLE CITY MUNICIPAL CODE THEREBY ADOPTING THE COUNTY TRAFFIC CODE by title only and set public hearing for January 17, 1984. (2) CHANGE IN HOURS OF RESTRICTED PARKING - TRELAWNEY AVENUE SOUTH OF LEMON AVENUE Approved recommendation that the posted restrictions on Trelawney south of Lemon Avenue, be changed to read "NO PARKING 9 A.M. TO 2:30 P.M., SCHOOL DAYS ONLY." (3) TRAFFIC AND ENGINEERING SURVEY BY CALTRANS - ROSEMEAD BOULEVARD, SOUTH CITY LIMITS TO CALLITA Approved Traffic and Engineering Survey re Section 40802(b), California Vehicle Code, pursuant to memo from Traffic Engineer dated December 8, 1983, retaining the 40 mph speed limit. (5) REQUEST FROM KIWANIS CLUB OF TEMPLE CITY - ANNUAL LINE OF DIMES CAMPAIGN Approved recommendation for Kiwanis Club to conduct its annual Line of Dimes campaign on Jauary 27, 1984, subject to required Certificate of Insurance; placement of proper barricading and coneing, and four -way flashing red signal for both directions of traffic at Las Tunas Drive and Temple City Boulevard. Council Minutes, January 3, 1984 - Page 2 C. PLANNING COMMISSION ACTION - MEETING OF DECEMBER 13, 1983. Received and filed memo relating to action taken by the Planning Commission at their regular meeting. E. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - MEETING OF DECEMBER 21, 1983 (1) REQUEST FOR USE OF CONCESSION STAND AT LIVE OAK PARK - TEMPLE CITY AMERICAN LITTLE LEAGUE Approved recommendation for use of Concession Stand at Live Oak Park for registration by American Little League as outlined in staff memo dated December 22, 1983, subject the the usual Certi- ficate of Insurance. (2) REQUEST FOR USE OF LIVE OAK PARK FACILITIES - TEMPLE CITY SENIOR CITIZENS CLUB Approved recouwiendation for use of Live Oak Park facilities by the Senior Citizens Club for their weekly meetings subject to the required Certificate of Insurance. F. PROGRESS PAYMENT NO. 5 - REPAINTING OF PAVEMENT MARKINGS AND STRIPING SCHOOLS, SELECT SYSTEM STREETS, MAINTENANCE AREAS 4, 5, 6 (Safety Striping Service, Inc.) Approved progress payment in the sum of $1,428.30 to Safety Striping Service, Inc. for work completed under the contract. G. ACCEPTANCE OF SANITARY SEWERS AND EXONERATION OF FAITHFUL PER- FORMANCE BOND - TRACT NO. 37580, LA ROSA DRIVE EASTERLY OF ARDEN DRIVE AND NORTHERLY OF KEY WEST STREET. Approved the work completed as required by the Sanitary Sewer Agreement; accepted for public use and exonerated the Faithful Performance Bond in the sum of $36,000. I. RESOLUTION NO. 83 -2225 CHANGING THE HOURS THE POLLS ARE OPEN AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN TEMPLE CITY ON TUESDAY, APRIL 10, 1984. Adopted Resolution No. 83 -2225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CHANGING THE HOURS THE POLLS ARE OPEN AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN TEMPLE CITY ON TUESDAY, APRIL 10, 1984, extending the closing of polls from 7 to 8 p.m. J ORDINANCE NO. 83 -542 - 2nd reading - AMENDING SECTION 3342 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PARKING PERMITS. Adopted Ordinance No. 83 -542 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 3324 OF THE TEMPLE CITY MUNICIPAL CODE RE- LATING TO PARKING PERMITS. K ACCEPTANCE OF BID - LIVE OAK PARK IMPROVEMENTS (CALIFORNIA PARK- LAND ACTS OF 1980). Accepted low bid from D. D. Bennett Construction Co. in the sum of $98,988, and authorized Mayor and City Clerk to sign. L. RESOLUTION NO. 83 -2226 - EMPLOYMENT OF PERSONNEL Adopted Resolution NO. 83 -2226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. M. RESOLUTION NO. 83 -2227 Adopted Resolution No. OF THE CITY OF TEMPLE OF $963,006.35 DEMAND - WARRANTS AND DEMANDS 83 -2227 A RESOLUTION OF THE CITY COUNCIL CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM NOS. 6886 THRU 7014. Council Minutes, January 3, 1984.- Page 3 CONSENT CALENDAR ITEM B(4) - ADDITIONAL REGULATIONS - SULTANA AVENUE, NORTH OF LAS TUNAS (EDWARDS-THEATRE AREA) Jim Roth, 5822 North Sultana, had attended the Traffic Commission meet- ing and wanted to confirm what the regulations were that are being approved and who would be paying for them. City Manager Koski stated the regulations affect Sultana Avenue and would be as follows: (1) "NO STOPPING ANYTIME" on the west side of Sultana; (2) One hour parking 6 p.m. to 12 midnight, Friday & Saturday only on the east side of Sultana, (3) "RIGHT TURN ONLY" sign on the theatre driveway located on the west side of Sultana, and (4) "NO PARK- ING IN ALLEY EXCEPT FOR LOADING AND UNLOADING." All of the regulations would be implemented at City expense. Jan Roth, 5822 North Sultana, asked who would be responsible for the enforcement of the regulations. Mayor Gillanders stated this would become part of the regular patrol. Lt. Bill Mangan of the Sheriff's Department agreed it would be part of the routine patrol of the deputies and requested the residents to call the Temple Station when a specific problem arises. Although the deputies have numerous places in the City that are problem areas and they cannot be at all places at all times, they will respond to the calls as they come in. Mike Orr, 9102 E. Hermosa, stated he had no objection to the theatre but the residents in the area should not be confronted with the burden of the parking problems and the limited parking restrictions would only force the cars to move from Sultana to Hermosa, and also inquired as to what City body the residents can go to when dealing with the source of the parking problems. City Manager Koski stated the Council is the ultimate authority; the source of the parking problems are patrons in the community who use the businesses. The theatre has been approached and they are aware of the parking problems and are trying to cooperate in any way possible to solve them. Rod Walker, 9044 E. Hermosa, stated he is willing to go along with the recommendations to see if it will ease the problems, however, he is of the same opinion as Mr. Orr in that the restricted parking will only move the problems to Hermosa. Dennis Beverage, 5831 N. Sultana, stated they have just gone through 18 straight days of noise and parking problems and they are willing to try anything. Councilman Tyrell stated if this is what the residents want, he would not oppose it, however, he did not feel the regulations would solve the problem and suggested that perhaps making Sultana a one way street to provide parking on both sides of the street would add to the safety factor as well as ease the parking problems. Mayor Gillanders felt the problem should be taken one step at a time until a solution was found that was workable for both the businesses and the residents. Councilman Atkins moved to approve the implementation of the four re- commendations to mitigate the parking problems on Sultana Avenue as outlined above, seconded by Councilman Dennis and unanimously carried. CONSENT CALENDAR ITEM 5 D. RECOMMENDATION. OF CHANGE IN MASTER TREE PLAN. Councilman Atkins stated in reading the recommendation, the implica- tion was not clear as to when the City would change the planting of trees. City Manager Koski stated this was a policy change in the Master Tree Plan as the trees are replanted they would be replaced with the Carrot - wood species. Council Minutes, January 3, 1984 - Page 4 Councilman Atkins moved to approve the policy change for future plant- ing on Cloverly Avenue from Gidley to Las Tunas Drive to the Carrot - wood trees, seconded by Councilwoman Swain and unanimously carried. CONSENT CALENDAR ITEM 5 H. GENERAL MUNICIPAL ELECTION, APRIL 10, 1984, COSTS FOR CANDIDATES STATEMENTS. Mayor Gillanders expressed concern that the $500 deposit for a can- didates statement was excessive over what was previously required and may discourage some candidates.from running; and inquired as to how that amount was arrived at. City Attorney Martin stated that theoretically the City Clerk is to make an estimate of the cost and the City Council is to assure itself that the cost is paid. City Manager Koski stated the $500 is the printing cost estimate pro- vided by the election supplier if only one candidate submits a state- ment. If there are more candidates the cost would be reduced and a refund would be given. This amount merely protects the taxpayers from paying the cost if a losing candidate does not pay as has occurred in the past. Following further discussion, Councilwoman Swain moved to change the advance deposit to $250 as a condition of including Candidate's State- ment in the voter's pamphlet with the Candidate signing an acknowl- edgement that any additional charges for printing are due and payable by the Candidates to the City and that the City will prosecute for unpaid charges including collection costs, seconded by Councilman Atkins and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. - ASSESSMENTS FOR STREET LIGHTING IM- PROVEMENTS RANCHO REAL ROAD, SULTANA AVENUE TO LOMA AVENUE (PUR- SUANT TO CHAPTER 27, THE IMPROVEMENT ACT OF 1911, STREETS AND HIGHWAYS CODE) City Manager Koski presented background information stating City Council, at their regular meeting of December 6, 1983, set public hearing for this evening to approve the assessments to property: owners regarding the installation of three street lights on new marbelite standards with overhead service. The installation has been confirmed by staff and energized by Southern California Edison on November 3, 1983. The cost of installation was $387 resulting in an assessment of $16.12 per property owner. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. There being no one that came for- ward to speak, Councilman Dennis moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins moved to approve the assessments as detailed in the staff report dated December 16, 1983, and directed the Superintendent of Streets to notify the property owners and collect the assessments, seconded by Councilwoman Swain and unanimously carried. B. PUBLIC HEARING: 7:30 P.M. - PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WITHIN AN AREA LOCATED NORTHERLY OF LOWER AZUSA ROAD BETWEEN TEMPLE CITY BOULEVARD AND EL MONTE AVENU WITH AN APPROXIMATE DEPTH OF 300 FT. FROM LOWER AZUSA ROAD. City Manager Koski presented background information stating the Planning Commission at their November 8, 1983, meeting approved and recommended that the City Council approve a General Plan Amendment for the Lower Azusa Road Area. The principal objective is to eliminate conflicts and inconsistencies between the General Plan and existing zoning and land use within the amendment area. Eight proposals change primarily the density designations in various areas and Council Minutes, January 3, 1984 - ?age 5 a 9th proposal would allow a greater density for some projects which are located on primary roads and which are of a significant size. Public Hearing has been set for this evening to consider the General Plan Amendment. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. John Brown, 9913 Lower Azusa Road, objected to the proposed zoning changes which he understood would result from the new General Plan Amendment thereby lowering the monetary value of his land by de- creasing the number of units he would be allowed to build. Planning Director Shaw stated the problem in this area is that the present General Plan allows a maximum of 12 units per acre whether it is R -3 or R -4 and the General Plan designation is the overriding determination on the number of units. In the proposed General Plan in areas where you have property in excess of an acre and where there are certain circumstances involved, the Planning Commission and City Council would have the ability to increase that density up to 15 units per acre. Therefore, with the proposed General Plan Amendment you may have the ability to have a higher density than what is now allowed under the medium density designation. Dominic Trancali, 4811 Camellia, stated he purchased his property as an investment and wasp bpposed to recommendations as it would also decrease the resale value of his property because of the de- crease in the number of units he would be allowed to build. Planning Director Shaw stated that his property was presently zoned commercial and as such he would not be allowed to develop units on his land, only a commercial building. There being no one else that came forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Dennis, and unanimously carried. City Manager Koski stated after review of the Planning Commission recommendations, there were three areas which warrant additional consideration which would modify the Planning Commission recom- mendations and staff is recommending that the City Council refer the matter back to the Planning Commission for a report and recom- mendations on the new observations and to continue public hearing to January 17, 1984. Councilman Atkins felt that the staff has done a realistic job of trying to reconcile the General Plan and the zoning map with what they had to work with; it is a difficult task with no easy answers; with the requirements that have come down from Sacramento Court and what was inherited from the county, felt the Commission has done a good job and supports their efforts. Councilman Dennis stated the ambiguity that exists between the Gen- eral Plan and zoning in many cases has caused people to think they can build something when they cannot and felt the General Plan Amend- ment does attempt to clarify the problems and would like to see the Planning Commission look at the three additional alternatives and report back to Council. Mayor Gillanders agreed with the proposed General Plan and agreed the three areas will have to be readdressed to the Planning Com- mission. Councilman Dennis moved to accept the Lower Azusa Road General Plan Amendment; certify the Final Environmental Impact Report in com- pliance with CEQA and State guidelines; and refer back to the Planning Commission for a report and recommendations on the new observations and considerations as recommended by staff and con- tinue the public hearing to January 17, 1984, seconded by Councilman Atkins and unanimously carried. Council Minutes, January 3, 1984 - Page 6 C. ORDINANCE NO..83 -543 - 2nd reading PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE TO AMEND THE SIGN AND DEVELOPMENT STAND- ARDS WITHIN THE C -1 AND C -1 -R ZONES, TO ALLOW ADDED USE OF RETAIL SALES OF COMPUTERS AND VIDEO EQUIPMENT.IN THE C -1 AND C -1 -R ZONES, AND TO MODIFY THE PUBLIC NUISANCE SECTION RELATIVE TO PROPERTY MAINTENANCE City Manager Koski presented background information stating City Council at their December 6, 1983, meeting certified the negative declaration of environmental impact and introduced Ordinance No. 83 -543 for first reading at which time they indicated concern in regard to flashing and strobe lights located inside of buildings and requested staff to include a provision in the ordinance reg- ulating these types of devices. This provision has been added. Councilman Atkins moved to waive further reading and adopt Ordinance No. 83 -543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO SIGN AND DEVELOPMENT STANDARDS WITHIN THE C -1 AND C -1 -R ZONES, ALLOWING THE ADDED USE OF RETAIL SALES OF COMPUTER AND VIDEO EQUIPMENT IN THE C -1 AND C -1 -R ZONES, AND MODIFYING THE PUBLIC NUISANCE SECTION RELATIVE TO PRO- PERTY MAINTENANCE, seconded by Councilman Dennis and unanimously carried. 7. NEW BUSINESS: A. APPEAL OF PLANNING COMMISSION DECISION - MODIFICATION OF CUP 77 -511, 5450 ROSEMEAD BOULEVARD (U.S.A. Petroleum Service) Councilman Atkins moved to set the appeal of a decision by the Planning Couuiiission denying portions of a modification of con- ditional use permit for property located at the southeast corner of Rosemead and Broadway for public hearing on January 17, 1984, seconded by Councilman Dennis and unanimously carried. 8 COMMUNICATIONS: A. REQEUST FOR REHEARING - SANTA ANITA CONVALESCENT HOSPITAL AND RETIREMENT CENTER City Manager Koski stated a letter has been received from Santa Anita Convalescent Hospital asking for reconsideration based upon the fact that they believe they have the method by which to regulate the sound problem and have requested a rehearing. Councilman Atkins stated that the noise problem does not address the problem of density and moved to deny the rehearing, seconded by Councilwoman Swain which did not carry on a roll call vote. ROLL CALL: AYES: Councilmen- Atkins, Swain NOES: Councilmen - Dennis, Tyrell, Gillanders On motion of Councilman Tyrell, consideration of the request for a conditional use permit and zone variance was set for rehearing on February 7, 1984, seconded by Councilman Dennis and carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward to speak. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, approved the minutes of the regular meeting of December. 6, 1983; approved request for additional signage for Denny's Restaurant; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 1 1 1 Council Minutes, January 3, 1984 - Page 7 11. MATTERS FROM CITY OFFICIALS: A. CALIFORNIA CONTRACT CITIES ASSOCIATION LEGISLATIVE SEMINAR - JANUARY 17 -19, 1984 Councilman Tyrell moved to authorize the attendance at the Legislative Orientation Tour in Sacramento by City Council and City Manager with necessary expenditures, seconded by Councilman Atkins and unanimously carried. B. LEAGUE OF CALIFORNIA CITIES CONFERENCE, THE CITY MANAGERS DEPART - MENT ANNUAL MEETING - FEBRUARY 8 -10, 1984 Councilwoman Swain moved to authorize City Manager to attend the 1984 League City Manager Department Annual Meeting in San Diego with the necessary expenditures. C. RESIGNATION OF CITY ATTORNEY, CHARLES R. MARTIN Mayor Gillanders acknowledged receipt of the resignation of Charles Martin, City Attorney, for the past 18 years, to be effective on December 31, 1983. Councilman Tyrell requested Mr. Martin to stay until a replacement was found and hoped that he might have some recommendations for a candidate for that office. City Attorney Martin stated he knew this was an inconvenient time for City Council to replace someone; that he would never let this Council down, and would continue as City Attorney until a replacement is appointed. D. COMMUNITY EDUCATION IN EARTHQUAKE PREPAREDNESS Councilman Atkins moved to approve plans for spring earthquake pre- paredness workshops; appropriate $950 to cover costs of the programs, and amend the adopted budget accordingly, seconded by Councilman Tyrell and unanimously carried. E. ANNEXATION 83 -2 - 5444 SANTA ANITA AVENUE City Council has been advised by letter from LAFCO that Resolution No. 83 -2220 pertaining to the proposed annexation of unincorporated area 83 -2, has been rejected for submission to the Board of Super- visors because of the addition of paragraph 5. City Council has again reiterated their policy that they will not approve the resolution without the inclusion of paragraph 5 which pertains to the City collecting a portion of property taxes subject to future litigation or legislation. F. FIESTA FLOATS Mayor Gillanders requested staff to prepare a letter of•:apprediation on behalf of council for a tour of the Rose Parade. Floa;ts:. • 12. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilmanypenhis' the meeting adjourned at 9:00 p , m. Next regular meeting` ofkthe City Council will be held on January 17, 1984, 7:30 p.mn- the Council Chamber of the City Hall. ATTEST: