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Home My Public Portal AboutCity Council_Minutes_1985-09-03_Regular 1985INITIATION: I1. CALL TO ORDER: 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 3, 1985 Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, September 3, 1985, in the Council Chambers. 2. The invocation was given by Dr. Douglas Beyer, First Baptist Church, 6019 Baldwin Avenue. 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: Planning Director Shaw, City Attorney Martin, Parks and Recreation Director Kobett, Public Works Coordin- ator Peterson and Julie Estrada of the Temple City Times. 5. CONSENT CALENDAR: Mayor Dennis requested that item A be removed from the Consent Cal- endar. Councilman Gillanders moved to approve all items on the Consent Calendar with the exception of item A, seconded by Councilman Swain and unanimously carried. B. RECOMMENDATIONS. FROM PLANNING COMMISSION MEETING OF AUGUST 28,1985 (1) CONDITIONAL USE PERMIT 85 -763 TENTATIVE TRACT NO. 43790; APPLICANT: DR. ADEL MOUFARREJ Council set public hearing to consider a Conditional Use Permit to allow development of a five -unit residential con - dominium located at 9626 Longden Avenue on September 17, 1985. (2) PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE TO INCLUDE PROVISIONS FOR PEDESTRIAN - ORIENTED SIGNS IN COMMERCIAL ZONES Council set public hearing to consider an Ordinance amend- ment to include provisions for pedestrian- oriented signs in commercial zones for September 17, 1985. (3) PLANNING COMMISSION ACTION - MEETING OF AUGUST 27, 1985 Council received and filed memo from the Planning Commission outlining action taken at the Commission's August 27, 1985 meeting. C. CLAIMS FOR DAMAGES: (1) LAURENCE JOHN BUIK; (2) THERESA ANN HOERNKE; (3) JOSEPH OR EVA CERNELLI Council denied the above three claims and referred them to JPIA. D. IMPROVEMENTS TO NEW CITY HALL - PINNER CONSTRUCTION COMPANY Council authorized progress payment No. 7 in the amount of $65,400.91; and authorized filing Notice of Completion and re- lease of 10% retention at the end of the 35 -day lien period. Is 102 Council Minutes, September 3, 1985 - Page 2 E. CHAMBER OF COMMERCE AMENDMENTS TO AGREEMENT FOR SERVICES City Council approved monthly increases to the Chamber of Com- merce providing for an expanded program of work; amended the adopted budget accordingly; and authorized the Mayor and City Clerk to sign the Agreement. F. ORDINANCE NO. 85 -568 (2nd reading) RENEWAL OF 15 -YEAR FRANCHISE FOR SOUTHERN CALIFORNIA WATER COMPANY Council waived further reading and adopted Ordinance No. 85-568 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF TEMPLE CITY, GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMPLE CITY. G. COUNTY REGISTRAR RECORDER: REQUEST TO USE CITY HALL AS CHECK - IN CENTER ON NOVEMBER 5, 1985, UDEL ELECTION Council approved the County Registrar's use of the Civic Center for the November 5, 1985 consolidated Uniform District Elec- tions as a check -in center. H. RESOLUTION NO. 85 -2380: WARRANTS AND DEMANDS Council adopted Resolution No. 85 -2380 authorizing payment of bills. A. APPROVAL OF MINUTES - Regular Meeting of August 20, 1985 Mayor Dennis referred Council to Page 2, Consent Calendar A of the August 20, 1985 Minutes and requested that the motion read, "Councilman Swain moved to approve the Student and the Law Agre ments with the modification that the City contract with the school districts where applicable, and authorize the Mayor and City Clerk to sign the Agreements with First Lutheran School, St. Luke's Catholic School, Temple City Unified School District for Oak Avenue Junior High School, and El Monte Elementary School District for Cleminson School, seconded by Councilman Gillanders and unanimously carried." Mayor Dennis referred Council to Page 7, Action on Request by CRA and requested that the word "agreement" not be used since Exxon was not in attendance. It will now read, "The Planning Commission will be advised of the status of the Exxon property pursuant to the determination made by Agency members that Exxon would be permitted the owner participation rights extended to them by law and negotiations will continue to determine the terms and conditions of the Development and Disposition Agree- ment which will be entered into." UNFINISHED BUSINESS: A. APPROVAL OF FINAL PARCEL MAP NO. 16966 (6329 SULTANA AVENUE), R -1 ZONE; APPLICANT: RON OWEN Planning Director Shaw provided background information report- ing that the City has recstved a letter from the Los Angeles County Department of Public Works indicating that Parcel Map No. 16966 has been checked by the City Engineer for mathematical accuracy, survey analysis and for compliance with the Sub- division Map Act and is ready for approval. The tentative parcel map was approved by the City Council on May 7, 1985 and the parcel map, which creates two lots,, was approved in conjunction with a zone variance to reduce the required lot frontage from 60 feet to 55 feet and to reduce the required lot area from 7,200 to 6,600 square feet. The existing structure on the lot has been completely refurbished as a condition of approval and a new single family residence will be constructed on the new lot. Council Minutes, September 3, 1985 - Page 3 Councilman Atkins moved to approve the final Parcel Map No. 16966 for the property located at 6329. Sultana Avenue; made findings that the project will not violate any of the provisions of Section 66474, 66474.1 and 66474.6 of the Subdivision Map Act; and found that the proposed subdivision, together with the pro- visions for its design and improvement, is consistent with the General Plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450). of Chapter 3 o Division 1 of the Govern- ment Code, seconded by Councilman Swain and unanimously carried. 7. NEW BUSINESS: None 8. COMMUNICATIONS: A. HANS GUBLER AND GUBLER ORCHIDS - LETTER FROM ATTORNEY BRUTOCAO AND CITY ATTORNEY'S. RESPONSE City Attorney Martin reported to Council that Mr. Brutocao spoke with Mr. Martin and Mr. Shaw prior to the Council meeting and had indicated that he would attempt to convince his client, Hans Gubler, to redevelop the property and drop his original claim. Mr. Brutocao requested that the matter be continued to the September 17 Council meeting and that a meeting be set for September 5 between himself, Mr. Shaw and Mr. Martin to discuss the matters. Councilman Atkins moved to continue the Gubler matter to the September 17, 1985 City Council meeting, seconded by Councilman Gillanders and unanimously carried. I9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None wished to address the City Council. RECESS TO CRA: At this time Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of August 20, 1985; approved appraisal reports for properties to be acquired in Block "A" of the Rosemead Boulevard Redevelopment Area; approved the 1985 -86 Agency budget; and adopted Resolution No. CRA 245: Warrants and Demands. The Minutes are set forth in full in the records of the Agency. 1 RECONVENE AS CITY COUNCIL 10. ACTION ON REQUEST BY CRA: A. CDBG FUNDS - BUDGET AMENDMENT Councilman Gillanders moved to amend the City FY 1985 -86 budget for CDBG revenue in the amount of .$747,175 ;; establish account 4600, CDBG; transfer $4,000 from account 1600 to account 4601; amend 4601 in the amount of $3,000 for administrative total of $7,000; establish account 4691, Intergovernmental, Transfer to CRA in the amount of $744,175, seconded by Councilman Atkins and unanimously carried. 11. MATTERS FROM CITY OFFICIALS: A. AMERICAN AUTOMOBILE ASSOCIATION - PEDESTRIAN SAFETY AWARD Planning Director Shaw stated that Mr, Robert Kane, Temple City Branch Manager for the Automobile Club of Southern Cali - fornia would like to present the Pedestrian Safety Award to the City Councilfr" the City's . zero pedestrian fatality rate during the last year and for those safety services activities developed to enhance pedestrian safety. The presentation will be made at the Council's September 17, 1985 meeting. Council in turn will present the Automobile Association with a "Seat Belts Work" Month proclamation. it inn Council Minutes, September 3, 1985 - Page 4 B. SISTER CITIES ASSOCIATION Councilman Gillanders conveyed an invitation from Barbara Abraham, president of the Sister Cities Association, to the City Council to come meet with the group that will be travelling to Australia. The get- together will take place in the Community Room of the City Hall on Thursday, September 5 at 7:30 p.m. C. BUTTE COUNTY LITIGATION MALICE CHARGE Councilman Tyrell inquired of City Attorney Martin if he had seen the. article in the Daily Journal concerning an appeal against a Butte County supervisor. City Attorney Martin stated that he had been following this case very closely. and provided background information on the litiga- tation. The malice that is charged is implicit; the plaintiff claimed that the county supervisor met with her constituents in the municipal court building in Chico rather than the supervi- sor's. office In the county seat in Oroville because both she and the residents requesting a reversal in a recent zone change reside in Chico. At the supervisor's instigation, the board of supervisors reversed itself and restored the initial zoning. The plaintiff alleged that the supervisor and the neighbors con- spired to. harm, him financially during the meeting at the Chico courthouse. It was the fact the meeting was not held in the supervisor's. office that malice was charged. • It was claimed the individuals met in hiding and conspired together. If this case prevails, Mr. Martin feels it would be best that Council - members,limit meetings with their constituents to the confines of the City Hall. Councilman . Tyrell recommended that, in view of the Butte County litigation, video tape be used in property issues by the Com- missioners. and Councilmembers to avoid having to speak to any - one involved in a pending issue. Councilman Tyrell recommended that a directive be made to staff that video tapes be made of.all property issues coming before the Commiss.ions.and City Council. Councilmembers concurred with this'suggestion. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Gillanders, the meeting adjourned to a Study Session at 8:00 p.m. Next regular meeting of the City Council will be held on Tuesday, September 17, 1985, at 7:30 p.m. in the Council Chambers. ATTEST: Chief De.uty City/Cler