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HomeMy Public PortalAboutCity Council_Minutes_1985-12-17_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 17, 1985 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m., Tuesday, December 17, 1985, in the Council Chambers. 2. The invocation was given by Reverend Harvey Booher of the First Southern Baptist Church, 4856 North Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen - Atkins, Froehle, Gillanders, Swain, 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 Oath of Office: City Manager Koski administered the Oath of Office to newly appointed Planning Commissioner Louis Muto, and Traffic Commissioner James Walker. 5. CONSENT CALENDAR: Councilman Swain requested item E. be removed from the Consent Calendar, and Councilmen Froehle and Gillanders requested that item I. be removed. Councilman Swain moved to approve all items as recommended on the Consent Calendar with the exception of items E and I, seconded by Councilman Atkins and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of Fdecember 3, 1985 Approved as written. B. RECOMMENDATIONS FROM TRAFFIC COMMISSION MEETING OF DECEM- BER 4, 1985 (1) PARKING RESTRICTION - WENDON WAY Council approved a permanent "No Parking Zone" on the north side of Wendon Way from 25 feet west of the west curbline of Primrose Avenue to 258 feet west of said west curbline between the hours of 8:00 a.m. to 5:00 p.m. as a safety precaution for children attend- ing Longden School. (2) PARKING RESTRICTION - BALDWIN AVENUE AND LOWER AZUSA ROAD Council approved 25 feet of red curb be placed on the northwest corner of Baldwin Avenue and Lower Azusa Road as a safety precaution for drivers turning right from Baldwin Avenue. 152 Council Minutes, December 17, 1985 - Page 2 (3) 1986 ROSE PARADE CONVOY - DECEMBER 31, 1985 Council approved the request from Fiesta Floats for assistance as outlined in the staff memo dated December 9 in conjunction with the floats for the Rose Parade. C. PLANNING COMMISSION ACTION - MEETING OF DECEMBER 10, 1985 Council received and filed memo from the Planning Commission outlining action taken at the Commission's meeting of Decem- ber 10, 1985. D. ACCEPTANCE OF WORK - MANHOLE ADJUSTING CONTRACTORS, INC., 1985 -86 CHIP AND SLURRY SEAL PROJECT - MAINTENANCE AREA 4 Council accepted work performed by Manhole Adjusting Con- tractors for the chip and slurry seal project completed in Maintenance Area 4; authorized City Clerk to file a Notice of Completion; authorized final payment in the amount of $117,086.72 to Manhole Adjusting Contractors; and authorized payment of the 10% retention in the amount of $13,009.64 at the end of the 35 -day lien period. F. TEMPLE CITY SISTER CITY INC. - COMMUNITY BAND GUIDELINES Council approved the Community Band Guidelines as proposed. G. ACCEPTANCE OF BID: RESURFACING OF TENNIS COURTS AT LIVE OAK PARK Council accepted the low bid from Davis & Daley Construction Co. for resurfacing four tennis courts at Live Oak Park in the amount of $9,699. H. GENERAL MUNICIPAL ELECTION, APRIL 8, 1986 In compliance with the State of California Elections Code, Council adopted Resolution No. 85 -2400 calling for a General Election; Resolution No. 85 -2401 requesting the Board of Supervisors to permit the Registrar of Voters to render specified services to the City; and Resolution No. 85 -2402 adopting regulations for candidates for elective office. J. RESOLUTION NO. 85 -2405: EMPLOYMENT OF PERSONNEL Council adopted the Resolution to appoint budgeted per- sonnel. K. RESOLUTION NO. 85 -2403: WARRANTS AND DEMANDS Council adopted the Resolution to pay bills. E. REQUEST FOR GENERAL FUNDS RE: REPLACEMENT OF MAINTENANCE EQUIPMENT AND INSTALLATION OF BURGLAR ALARM SYSTEM Councilman Swain inquired if there was insurance coverage for the items which were stolen. City Manager Koski responded that the equipment was valued at $1,900 and the deductible was $2,500. Mayor Dennis asked what type of alarm system was proposed for the City Maintenance Yard. 15 151 Council Minutes, December 17, 1985 - Page 3 City Manager Koski responded that an external alarm system which would be activated by means of detectors was being considered. It was felt that neighbors would respond to the alarm by calling the Sheriff's Department or there was the option of having the system tied in to the alarm com- pany for a fee of $20 a month. It was staff's opinion that the alarm system would serve as a deterrent to burglary. Councilman Swain moved to authorize the installation of a burglar alarm system at the Maintenance Yard; authorize the expenditure of General Funds in the amount of $3,200 for installation of a burglar alarm system at the Mainten- ance Yard and purchase replacement maintenance tools and equipment; and amend adopted budget accordingly, seconded by Councilman Froehle and unanimously carried. I. KINDEL & ANDERSON REPORT - FIRST STAGE ANALYSIS OF POSSIBLE LITIGATION CHALLENGING THE CONSTITUTIONALITY OF CALIFORNIA'S CURRENT PROPERTY TAX REVENUE ALLOCATION SYSTEM Councilman Gillanders expressed his concern with the report received from Kindel & Anderson, with whom the City had agreed to develop this report, in that the report addressed what seemed to be the weakest issue. Councilman Gillanders felt that the remaining work concerning the constitutionality of the property tax revenue system should be done by Mr. Beebe with assistance from City Attorney Martin and a committee of City Attorneys. Councilman Gillanders moved to negotiate for further legal representation by Warren Beebe with or without the City Attorneys Committee as recommended by the members of the California Contract Cities Association, seconded by Coun- cilman Atkins and unanimously carried. Councilman Froehle asked if Temple City is the only city paying for the legal services; and, if other cities join Temple City in this fight, would Temple City then be reim- bursed for legal expenses incurred to date. City Manager Koski responded affirmatively to the two queries. Councilman Atkins moved to approve payment in full in the amount of $15,000 to Kindel.& Anderson for their first stage analysis report, seconded by Councilman Gillanders and unani- mously carried. 6. UNFINISHED BUSINESS: A. ORDINANCE NO. 85 -578 (2nd reading) AMENDMENT TO THE CITY ZONING CODE RELATING TO FORTUNE - TELLING City Manager Koski stated that at their regular meeting held December 3, 1985, the City Council held a public hearing, certified a Negative Declaration of Environmental Impact and introduced Ordinance No. 85 -578 for first reading by title only. The proposed Ordinance would allow fortune- telling as a permitted use in the C -3 zone provided every fortune- telling business is separated from every other fortune - teller and every adult business by at least 1,000 feet. The Ordinance amendment would also prohibit fortune - telling as a home occupation. Councilman Swain moved to waive further reading and adopt Ordinance No. 85 -578, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9390 AND ADDING SECTION 9117(H) TO THE TEMPLE CITY ZONING CODE RELATING TO FORTUNE- TELLING, seconded by Councilman Gillanders and unanimously carried. 1 150 Council Minutes, December 17, 1985 - Page 4 B. ORDINANCE NO. 85 -577 (2nd reading) AMENDMENT RE: PROPERTY ADDRESS IN ARABIC NUMERALS AND 50 PERCENT OF TOTAL SIGN AREA IN ROMAN ALPHABET AND /OR ARABIC NUMERALS City Manager Koski provided background information stating that at their regular meeting held December 3, 1985, the City Council held a public hearing, certified a Negative Declaration of Environmental Impact, and introduced Ordin- ance No. 85 -577 for first reading by title only amending Section 9326 of the City's Zoning Code. The Ordinance amends the Zoning Code relating to signs requiring that each business in commercial and industrial zones shall have a property address in Arabic numerals at least five inches high, in a color contrasting to the background of the numerals, and that the address shall be located at the front of the business and, if public access is available, also at the rear of the business. The Ordinance also requires that at least five percent of the total sign text (includ- ing signage, logo, emblems and other content)'shall be in Roman alphabet and /or Arabic numerals. Councilman Atkins stated that he wanted the Minutes to re- flect that he still prefers a ratio of 66 percent Roman alphabet and /or Arabic numerals and 33 percent in picto- graph. Councilman Gillanders moved to waive further reading and adopt Ordinance No. 85 -577, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9326. OF THE ZONING CODE RELATING TO SIGNS, seconded by Councilman Swain and unanimously carried. 7. NEW BUSINESS: A PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT REQUIRING CONDITIONAL USE PERMIT FOR PROJECTS WITH 10 OR MORE RESI- DENTIAL UNITS PER LOT City Manager Koski stated that on December 10, 1985, the Planning Commission adopted Planning Commission Resolution No. 85 -1223 P.C. approving and recommending that the City Council adopt an Ordinance Amendment requiring Conditional Use Permits for projects with ten or more residential units per lot in the R -2, R -3 and R -4 zones. The Planning Commission found that condominium developments require Conditional Use Permit review and approval and that the impact of a development involving ten or more residential units could be as great as that of a condominium. There- fore, the Planning Commission found that the Conditional Use Permit process was appropriate for residential projects involving ten more more units on a single lot. Pursuant to the California: Environmental Quality Act, a Negative Declaration of Environmental Impact has been prepared stat- ing that the proposed amendment will not have an adverse impact on the environment. Mayor Dennis asked Planning Director Shaw the reason why the Planning Commission chose the number ten as opposed to any other number. Planning Director Shaw responded that the majority of the Commission felt that at the level of ten units or more a project could impact the surrounding neighborhood. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward. As no one wished to address Council, Councilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. X5 . 1 2 Council Minutes, December 17, 1985 - Page 5 Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact, seconded by Coun- cilman Swain and unanimously carried. Councilman Froehle stated that he was hoping to control duplexes with the proposed Ordinance since there is a prob- lem with duplexes in that the setback required for these structures are the same as for a residence. By keeping the number at three as it was previously proposed, any large development:, whether apartments or duplexes, would then be reviewed with a Conditional Use Permit. He would prefer to see one Ordinance cover more than just one type of structure. Councilman Atkins commended Councilman Froehle's thoughts in that it identified a potential problem and handled it in a convenient and flexible manner. Councilman Gillanders agreed with the idea of lowering the number of units back down to three. Councilman Swain concurred. City Attorney introduced Ordinance No. 85 -579, AN ORDIN- ANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN RESIDENTIAL DEVELOPMENTS, for first reading by title only. Councilman Froehle moved to waive further reading and refer matter back to the Planning Commission for review and report back to City Council regarding a Conditional Use Permit for projects with three or more residential units per lot, seconded by Councilman Gillanders and unanimously carried. B. PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS City Manager Koski stated that on December 10, 1985, the Planning Commission approved and recommended that the City Council adopt an Ordinance Amendment establishing regula- tions for vesting Tentative Tract Maps. In conjunction with the proposed Ordinance Amendment, the Commission also approved and recommended that the Council adopt a Resolu- tion pertaining to the preparation and information required for tentative tract maps and vesting tentative maps. Pur- suant to the California Environmental Quality Act, a Nega- tive Declaration of Environmental Impact has been prepared stating that the proposed amendment will not have an adverse impact on the environment. Councilman Atkins referred to Question b5 of County Super- visors Association of California implementation information on SB 1660 (Montoya) which reads: "Question: Do the changes made by SB 1660 affect ordinary tentative maps? Answer: No. It is an alternative procedure." Councilman Atkins wanted to know what was the "alternative ". City Attorney Martin stated that it refers to the regular tentative map which gives no guarantees. Heretofore the developer got a tentative map and had to take his chances that the law would not be changed before the final map was approved. The State Legislature was sympathetic to the developers and, therefore, passed a law which requires cities to give an option for a second type of tentative map.. The vested tentative map gives a guarantee that the law will not be changed and the developer has up to two years in which to file his tentative map. The control I F 148 Council Minutes, December 17, 1985 - Page 6 which the City has is outlined on the second page of the typical Ordinance in that the City may require all the plans and specifications desired; and then the developers vested rights depend upon fulfilling all of the requirements. Such a tract map would not be able to be challenged with a referendum. At the present time this only applies to resi- dential development, but sometime in the near future will encompass commercial development as well. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward. As no one wished to address Council, Councilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman. Atkins moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Froehle and unanimously carried. City Attorney Martin introduced by title only for first reading Ordinance No. 85 -580, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS. Councilman Atkins moved to waive further reading, seconded by Councilman Froehle and unanimously carried. 8. COMMUNICATIONS: A. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE: ANGELES PIPELINE - SANTA BARBARA TO LOS ANGELES City Manager Koski advised that the correspondence received from the Southern California Association of Governments was for informational purposes only, but felt that SCAG had done an adequate job of addressing potential problems in conjunction with the development of such a pipeline and wished Council to have the benefit of the report. 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 Temple City Com- munity Redevelopment Agency; approved the Minutes of the regu- lar meeting of December 3; approved a participation agreement with Exxon Corporation; received Agency annual report, amend- ment of budget and transmitted to City Council; approved bud- gets for programs and activities in Blocks A and C; approved agreement between the Agency and the City relating to construc- tion of public improvements benefiting the Rosemead Boulevard Redevelopment Project; approved an instalment note made by the Agency to the City; approved a sign for the San Gabriel Valley Chiropractic; and adopted Resolution No. CRA 252: Warrants and Demands. The Minutes are set forth in full in the records of the Agency. 10. ACTION ON .REQUEST BY CRA: A. PUBLIC WORKS IMPROVEMENT AGREEMENT BETWEEN THE AGENCY AND CITY RELATING TO THE CONSTRUCTION OF PUBLIC IMPROVEMENTS BENEFITING THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT City Manager Koski stated that the Agency has approved a public works improvement agreement between the Agency and the City. It is now before the City Council for consider- ation. S; I 4 7 1 1 Council Minutes, December 17, 1985 - Page 7 Councilman Atkins moved to approve the agreement between the City and the Community Redevelopment Agency for con- struction of public improvements, and direct the Mayor to execute said agreement; and adopt Resolution No. 85 -2404, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS OF BENEFIT TO THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF TEMPLE CITY, seconded by Councilman Swain and unanimously carried. B TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR JULY 1, 1984 TO JUNE 30, 1985, AND AMENDMENT OF THE 1985 -86 AGENCY BUDGET Councilman Atkins moved to accept the Community Redevelop- ment Agency Annual Report and instructed staff to transmit report and related documents to the State Controller, seconded by Councilman Froehle and unanimously carried. 11. MATTERS FROM CITY OFFICIALS: A. REQUEST FOR AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES EMPLOYEE RELATIONS INSTITUTE - SAN DIEGO - JANUARY 29 -30, 1986 Councilman Gillanders moved to approve attendance of Admini- strative Assistant at the League of California Cities Employee Relations Institute in San Diego January 29 - 30, 1986; authorize necessary expenditures; and amend the adopted budget accordingly, seconded by Councilman Atkins and unanimously carried. B. RESOLUTION NO. 85 -2405 CONFIRMING APPOINTMENTS TO THE PLANNING AND TRAFFIC COMMISSIONS Councilman Gillanders moved to adopt Resolution No. 85 -2405, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING APPOINTMENTS TO THE PLANNING AND TRAFFIC COM- MISSIONS, seconded by Councilman Swain and unanimously carried. C. APPEAL OF CUP 85 -772, 5603 - 5607 TEMPLE CITY BOULEVARD (PROPOSED DAY CARE CENTER), CENTURY PACIFIC PARTNERSHIP Council agreed to set public hearing to hear the appeal on the subject denial of Conditional Use Permit for the meeting of January 21, 1986. D. CONDITIONAL USE PERMIT - GUN STORES Councilman Atkins moved to request the Planning Commission to review the possibility of requiring a Conditional Use Permit for gun stores in the City, seconded by Councilman Froehle and unanimously carried. 1 5 1 46 Council Minutes, December 17, 1985 - Page 8 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Gillanders, the meeting adjourned at 10:15 p.m. Next meeting of the City Council will be held on Tuesday, January 7, 1986, at 7:30 p.m. ATTEST: Chief Deputy Cit/ Clerk