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