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HomeMy Public PortalAboutCity Council_Minutes_1985-06-18_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 18, 1935 INITIATION: I 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, June 18, 1985 in the Council Chamber of the City Hall. 1 1 2. The invocation was given by Reverend Barry Vail of Bethlehem Lutheran Church, 5319 North Halifax Road. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Swain, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times 5. CONSENT CALENDAR: On motion by Councilman Atkins, seconded by Councilman Tyrell, Items A through M on the Consent Calendar were approved as recom- mended with Councilman Gillanders abstaining on 5. A. Approval of Minutes. A. APPROVAL OF MINUTES - Regular Meeting of June 4, 1985 Approved as written. B. RECOMMENDATIONS FROM TRAFFIC COMMISSION MEETING OF JUNE. 5, 1985 (1) ADDITIONAL REGULATIONS - STOP SURVEY AT "T" INTERSECTIONS Council approved implementation of Traffic Engineer's "T" intersection stop locations;. approved $900 additional funds; and amended adopted budget accordingly. C. RESOLUTION NO, 85- 2364:. AUTHORIZING COUNTY TO COLLECT SPECIAL ASSESSMENTS FOR CITY -WIDE LIGHTING DISTRICT Council adopted Resolution No. 85 -2364 AUTHORIZING THE ADDI- TION OF SPECIAL ASSESSMENT -FEES TO THE TAX BILLS. D. ACCEPTANCE OF WORK - DIVERSIFIED ELECTRIC - STREET LIGHT CON- VERSION PROJECT, PHASE IV Council accepted work performed by Diversified Electric Co.; authorized payment of $3,697.95; authorized City Clerk to file Notice of Completion;. and authorized payment of 10% retention of $5,510.27 at the end of the 35 -day lien period. E. REPAINTING OF PAVEMENT MARKINGS AND STRIPING - SCHOOLS, SELECT SYSTEM STREETS, AND MAINTENANCE AREAS 4, .5 & 6 Council approved specifications and authorized staff to solicit bids. Council Minutes, June 18, 1985 - Page 2 F. BUDGET ADJUSTMENT - COMMUNITY SERVICES Council approved additional funds in the amount of $8,982 to Account 2079 for community services and amended the adopted budget accordingly. G. RENEWAL OF AGREEMENTS - FY 1985 -86 (1) PUBLIC RELATIONS COORDINATOR - PATTIE BATES Council approved renewal of agreement and authorized Mayor and City Clerk to sign. (2) AUDITING SERVICES - McGLADREY HENDRICKSON,& PULLEN Council approved renewal of .agreement and authorized City Manager to sign letter of agreement. H. PLANNING COMMISSION ACTION - MEETING OF JUNE 11, 1985 Council received and filed memo from Planning Commission outlining action taken at Commission's meeting of June 11, 1985. I. CALIFORNIA CONTRACT CITIES ASSOCIATION - INCREMENT ASSESSMENT RE: AMBULANCE LITIGATION Council authorized increment payment of $300 on lawsuit which involves ambulance costs for emergency service to indi- gents in the City. J. RESOLUTION NO. 85- 2365:. INVESTMENT POLICY Council adopted Resolution No. 85 -2365 ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1985. K. ACCEPTANCE OF BID: STREET LIGHT CONVERSION- PHASE V Council accepted low bid from Paxin Electric, Inc. in the amount of $60,230 and authorized Mayor and City Clerk to sign the contract. L. ACCEPTANCE OF BID: LOMA AVENUE ET AL, CASH CONTRACT 84185 -2 Council accepted low bid from E.G.N. Construction Co. in the amount of $36,078.10,. and authorized Mayor and City Clerk to sign the contract. M. RESOLUTION NO. 85 -2368: WARRANTS AND DEMANDS Council adopted Resolution No. 85 -2368 to pay bills. 6. UNFINISHED BUSINESS: A. PLANNING COMMISSION ACTION MODIFYING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT 71- 358 (4510 Temple City Boulevard) OWNER: TOWN & COUNTRY INDUSTRIES, INC.. City Manager Koski provided background information stating that City Attorney Charles Martin, City's Special Counsel Henry Barbosa, and William Brutocao, Counsel of Town & Country Industries, have worked out the documents, agreement and reso- lution of the City Council confirming the Planning Commission resolution adopted at the last Commission meeting. Subsequent to that meeting, a letter from the apartment house residents was received regarding the operation of gas- powered refriger- ation units in the caged area. Therefore, a condition was added to the agreement, and approved by all concerned, which stipulated that operation of the gas- powered refrigeration units in the caged area is prohibited at all times except 9 n7 while the trucks are in transit. This condition is found in Resolution No. 85 -2369 CC)NFIRMING PLANNING COMMISSION RESOLU- TION NO. 35- 1186PC MODIFYING CONDITIONAL USE PERMIT NO. 71 -358. Council Minutes, June 18, 1985 - Page 3 City Attorney Martin stated additional concerns were submitted to him prior to this evening's meeting and referred to Exhibit "X" attached to Planning Commission Resolution No. 85- 1186PC regarding triangle- shaped unmarked spaces. It was the understanding of counsel from both sides that these spaces will not be used as parking spaces. Additionally, the "middle ground" will be restriped and tandem parking will be indi- cated as spaces 1 and 3 on Exhibit "X ". Further, a white line would separate the parking spaces from the alley and cars parked in the middle ground would not be allowed to encroach over the white line into the' alley. Finally, this matter will be enforced by the Sheriff's Department under the direction of the City Manager. In view of the changes made, City Attorney Martin recommended that the City Council adopt Resolution No. 85 -2369. • Councilman Tyrell moved to approve the letter agreement and adopt Resolution No. 85 -2369 confirming action by the Planning Commission regarding modification of the Conditional Use Permit 71 -358 granted to Town.& Country Industries, Inc., seconded by Councilman Swain and unanimously carried. Reso- lution No. 85 -2369 was concurren.t.ly read, agreed to and signed by Town.& Country Industries, Inc. B. PUBLIC HEARING RE: PROPERTY LOCATED AT 8945 EMPEROR AVENUE; APPLICANT /OWNER: CHARLES JEHL (1) GENERAL PLAN AMENDMENT FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (2) ' CHANGE OF ZONE FROM C-.2 :TO R -2 City Manager Koski provided background information stating that at the May 28, 1985 Planning Commission Meeting, it was approved and recommended that City Council approve a General Plan Amendment from Commercial to Medium Density Residential and a change of zone from C -2 to. R -2 for property located northerly of and adjacent to Emperor Avenue with a street address of 8945 Emperor. These changes would allow the devel- opment of up to 5'residential dwelling units on the subject property, Commission found the proposed medium density resi- dential land use designation and R -2 zoning to be consistent with existing General Plan Land Use Designation, consistent with nearby and adjacent zoning, and to be compatible with other residential land uses on Emperor. A Negative Declar- ation of Environmental Impact . has been filed indicating that the project will not have a significant environmental impact. Several discussions were held debating whether the zoning should be R -2 or R -3. In deference to the residents in the area, Commission recommended the R -2 zoning. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward. • Charles Jehl, 9164 Bidwell, stated that he had requested a high density zoning for the property at 8945 Emperor since he felt his neighborhood was rather a "mixed" neighborhood. Almost directly across the street from the property is a very large apartment, house; directly to the east is commercial; on the west side are three or four houses. High density would also provide more flexibility in what could be done with the property. Although there are no firm plans for the property at the present time, Mr. Jehl stated that one of the con- siderations would be an apartment house and /or condominium. He felt that developing property in a high density zoning would be more economical. Planning Director Shaw verified that the County area directly next to the subject property is basically a single family resi- dential zoning designation. Directly across from the Jehl property is a 31 -unit apartment, house and has a density of appr : ate1y 14 units per acre, a, little bit, higher than the City's, wedium density. • 1-5' fl Council Minutes, June 18, 1985 - Page 4 Elliott Ellenson, 8934 Callita, said that he is a 35 -year resident of the area and takes a great deal of pride in his home. He feels that, since the apartments have come to the neighborhood, crime has gone up appreciably, and apartment owners in the area do not seem to have the pride of owner- ship which homeowners in the area have. Mr. Ellenson stated he would welcome an. R -2, but not an R -3 zoning being granted Mr. Jehl. Patricia Winchester, 8940 Callita, stated that she has owned her property for 19 years and was concerned about a higher density zoning being granted. However, she would have no objection to the R -2 zoning being •granted the property at 8945 Emperor. Councilman Tyrell moved to close the public, hearing, seconded by Councilman Gillanders and unanimously carried. Councilman Atkins moved to include the records of the Plan- ning Commission as a part of the Council's public hearing; certify Negative Declaration of Environmental Impact; and approve and adopt Resolution No. 85 -2370, a Resolution amend- ing the General Plan (GP 85 -7) from commercial to medium den- sity residential, seconded by Councilman Swain and unanimously carried. City Attorney Martin introduced Ordinance No. 85 -564, an Ordinance providing for a change of zone from C -2 to R -2 for first reading by title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Atkins and unanimously carried. C. PUBLIC HEARING: 1. REVENUE SHARING FUNDS 2. ADOPTION OF FY 1985 -86 BUDGET City Manager Koski advised Council that, pursuant to federal law, the City must hold a public. hearing on the proposed use of revenue sharing funds. along with the public hearing for the adoption of the proposed annual budget. This public hearing is for citizen input and particularly the senior citizen segment of the population. The amount of revenue sharing funds to be discussed for the fiscal year 1985 -86 is $30,500. Revenue sharing funds are programmed to cover law enforcement expenses. The proposed annual budget for fiscal year 1985 -86 is $3,987,122. Estimated revenue is $4,508,900.. Mayor Dennis declared the public hearing open and invited any- one wishing to speak to come forward. There being no one wishing to address Council, Councilman Tyrell moved to close the spublic hearing,' seconded by Council- man Atkins and unanimously carried. Councilman Tyrell moved to approve expenditure of $30,500: Revenue Sharing. Funds for public safety; adopt Resolution No. 85 -2366. adopting City Budget for fiscal year 1985 -86; and adopt Resolution No.'85 -2367 adopting a salary schedule and pay, plan for fiscal year 1985 -86, seconded by Councilman Gil - landers and unanimously carried. 7. NEW BUSINESS: A. STATUS REPORT - PROPOSED IMPROVEMENTS AT TEMPLE CITY HIGH SCHOOL UTILIZING STATE GRANT FUNDS City Manager Koski referred to memo sent to the City Council from the Parks and Recreation Commission summarizing a recent meeting held between the Commission and the Temple City Uni- fied School District. 'A general agreement between the two has been reached and they would like to proceed with site 5 flf C design. 1 Council Minutes, June 18, 1985 - Page 5 Councilman Swain moved to defer the matter of proposed improve- ments at Temple City High School utilizing State Grant Funds to a Study Session on July 16, immediately following Council meeting. B. ORDINANCE NO. 85 -565: URGENCY ORDINANCE AMENDING TEMPLE CITY MUNICIPAL CODE RELATING TO FORTUNE- TELLING City Manager Koski advised that, due to civil rights actions taken against cities and the recent Supreme Court ruling, it is necessary to amend the City's Municipal Code regarding fortune - telling as the Code presently prohibits fortune - telling. City Attorney Martin introduced Urgency Ordinance No. 85 -565 AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATING TO FORTUNE - TELLING BY-AMENDING SECTIONS 4810 AND 5143 (h) BY ADDING SEC- TIONS 4811, 5200 (1 -1) AND 5205.1 AND BY REPEALING SECTIONS 4809 AND 4811 RELATING THERETO for first reading by title only. Councilman Tyrell moved to waive further reading and adopt Ur- gency Ordinance No. 85 -565 amending Temple City Municipal Code relating to fortune-telling,' Which takes effect .immediately, — seconded by Councilman Atkins, and-carried on a roll call vote. ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Swain, Tyrell, Dennis NOES: Councilmen -None ABSENT: Councilmen -None 8. COMMUNICATIONS: A. REQUEST FOR CHANGE OF LOCATION - FIREWORKS STAND City Manager Koski. advised Council that the City of Hope's Temple City Chapter. has requested a change' of location to the southwest corner of Las Tunas. and Rosemead Boulevard for their fireworks stand. • Exxon, owners of the property, have given their permission for this use and the two parties have signed a contract. Councilman Gillanders moved to approve the request of the City of Hope to change the, location of their fireworks stand to the southwest corner of Las Tunas Drive and Rosemead Boulevard, seconded by Councilman Tyrell and unanimously carried. B. CHAMBER OF COMMERCE - BUDGET INCREASE City Manager Koski advised that the 1985 -86 Budget from the Chamber of Commerce was received this afternoon along with a schedule of proposed Chamber - Community activities and pro- grams. It was recommended that the subject be held over until the following Council Meeting of July 2 in order to allow Council time to review the material. and figures provided by the Chamber of Commerce. Council concurred with the recom- mendation. I 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None wished to address Council.. RECESS TO CRA: At this time Council recessed to meet. as the Community Redevelopment Agency; approved the Minutes of the regular meeting. held June 4, 1985; approved and authorized Executive Director to sign renewal agreement with McGladrey Hendrickson •& Pullen; approved Warrants. and Demands Resolution; and approved change of location of the City of ,Hope fire- works stand. The Minutes are set forth in full in the records of the Agency. Council Minutes, June 18, 1985 - Page 6 RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None 11 MATTERS FROM CITY OFFICIALS: A. ASSEMBLY BILL 1868 (Calderon) FOR PERMANENT REPRESENTATION ON STATE AIR RESOURCES BOARD (SCAQMD) Mayor Dennis advised that Tom Heinsheimer, the cities' rep- resentative to the South Coast Air Quality Management Dis- trict Board, requested that the cities adopt a resolution in support of AB 1868, which would provide a permanent seat on the State Air Resources Board. Councilman Gillanders moved to oppose the recommendation that Council support AB 1868, seconded by Councilman Atkins, and approved by all Council members with the exception of Mayor Dennis, who opposed the motion. B. STATUS REPORT - NEW CITY HALL City Manager Koski stated the letter from David Oakley explains to Council the reasons for delay in completion and advises_ that request for final acceptance by Council will be brought to the Council's July 16th meeting. Councilman Tyrell moved to receive and file letter dated June 12, 1985, from Haynes & Oakley, Architects, Incorporated regarding the completion of the new City Hall, seconded by Councilman Swain and unanimously carried. C CLAREMONT McKENNA - PHASE II REPORT City Manager Koski referred Council to the June 10, 1985 letter from Rodney T. Smith, Acting Director for the Center for the Study of Law Structures, Claremont McKenna College, advising that a total of $31,000.will be required to carry out Phase II of the Claremont McKenna Study re Constituional Reform Gone Awry. Based on the May 8, 1985 letter from Kindel and Anderson and a.sub.sequent.conversation between Paul Freese of Kindel and Anderson and Rod Smith, it was determined that additional research will be required in four more areas. Councilman Gillanders moved to appropriate $31,000 toward the Claremont McKenna Phase II Report and amend the adopted bud- get accordingly, seconded by Councilman Tyrell and unanimously carried. D. RTD - CREATING TRANSPORTATION ZONE IN SAN GABRIEL VALLEY Mayor Dennis requested Council review the subject material he had received at a meeting held by Supervisor Pete Schabarum regarding the feasibility of a San Gabriel Valley Transit Zone being developed. Council adopted Resolution No.,-852371 supporting the formation of a transportation Zone Steering Committee for the San Gabriel Valley,. and Council will review material and consider the pro- posal for a Transit Zone at a future Study Session. E, SOLICITATION OF BIDS COUNCIL CHAMBER SEATING City Manager Koski stated that, since there was a plan to use the public seating in the Council Chamber for the Community Room of the new City Hall, bids should be solicited for new seating in the Council Chamber. 15 057 Council Minutes, June 18, 1985 - Page 7 Councilman Atkins moved to authorize staff to solicit bids for the replacement of seating in the Council Chamber of the City Hall, seconded by Councilman Swain and unanimously carried. F. RESOLUTION NO. 85 -2372 - METHOD OF DRAWING CHECKS AND WARRANTS City Manager Koski stated that, pursuant to Government Code, the legislative body, by resolution, may prescribe an alterna- tive method of drawing warrants and checks. Resolution No. 85 -2372 would allow warrants and checks to have the joint sig- natures of the City Clerk and City Treasurer, or their deputies when authorized. Councilman Swain moved to adopt Resolution No. 85 -2372, PRE - SCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS, seconded by Councilman Atkins and unanimously carried. G. INTERSECTIONS REFERRED TO TRAFFIC COMMISSION FOR STUDY Councilman Swain moved to have the intersections of Woodruff and Golden West, and Woodruff and Kauffman studied to deter- mine whether to make these intersections four -way stops and /or remove. the painted crosswalks, seconded by Councilman Gillanders and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Gillanders and seconded by Councilman Swain, the meeting adjourned at 8 25 p.m; The next meeting of the City Council will be held on Tuesday, July 2, 1985, in the Council Chamber of the City Hall. ATTEST: fps