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.
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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: