HomeMy Public PortalAboutCity Council_Minutes_1986-04-15_Regular 1986CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
APRIL 15, 1986
INITIATION:
1. CALL TO ORDER:
Mayor Dennis called the regular meeting of the City Council
to order at 7:35 p.m., on Tuesday, April 15, 1986, in the
Council Chamber.
2. The invocation was given by Reverend Douglas Beyer, First
Baptist Church of Temple City, 6019 :forth Baldwin 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 and Julie Estrada of the
Temple City Times
PRESENTATIONS:
(1) CERTIFICATE OF RECOGNITION - Mayor Dennis presented a
framed Certificate of Recognition to Mr. Edwin "Ed" Howser,
Temple City's Outstanding Older American and commended Mr.
Howser for his many contributions to the community over the
years. The Camellia Lions Club also made a presentation
of a plaque in appreciation of Mr. Howser's dedication to
Temple City.
(2) PROCLAMATION - Mayor Dennis presented a proclamation
to Nona Desy, President, Quota Club of Temple City, proclaim-
ing the month of May as "Better blearing and Speech Month ".
5. MUNICIPAL ELECTION
A. CANVASS OF VOTE
City Clerk Koski presented City Clerk's Certificate of
Canvass of the Municipal Election held April 8, 1986
(Exhibit "A ") which showed incumbents Tom D. Atkins,
Kenneth G. Gillanders and Mary Lou Swain elected to a
four -year term.
Councilman Swain moved to adopt Resolution No. 86 -2424,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY OF TEMPLE CITY ON
THE 8TH DAY OF APRIL, 1936, DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW, seconded
by Councilman Atkins and unanimously carried.
B. SEATING OF COUNCIL
City Clerk Koski presented Certificates of Election to
Tom D. Atkins, Kenneth G. Gillanders and -Mary Lou Swain,
and administered the Oath of Office.
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Council Minutes, April 15, 1986 - Page 2
C. REORGANIZATION
At this time the City Clerk assumed the Chair and opened
nominations for the office of Mayor.
Councilman Gillanders nominated Councilman'Atkins for
the office of Mayor and further moved that nominations
be closed and a unanimous ballot be cast for Councilman
Atkins for the office of Mayor, seconded by Councilman
Swain and carried.
Councilman Atkins accepted the gavel and called for
nominations for the office of Mayor Pro Tempore.
Councilman Dennis nominated Councilman Gillanders for
the office of Mayor Pro Tempore and further moved that
nominations be closed and a unanimous ballot be cast
for Councilman Gillanders for the office of Mayor Pro
Tempore, seconded by Councilman Froehle and carried.
Councilman Dennis thanked the City Council for the sup-
port given him this last year. He also thanked City
Manager Koski and City staff for all their effort.
Councilman Dennis congratulated the three incumbents on
their reelection and was looking forward to the ensuing
year under the leadership of Mayor Atkins.
Councilman Swain thanked Councilman Dennis for his year
as Mayor, and to all of the Commissioners who serve the
City.
D. APPOINTMENTS
Mayor Atkins made the following committee appointments,
following which it was moved by Councilman Gillanders,
seconded by Councilman Froehle and unanimously carried
that the appointments be confirmed.
City Selection Committee Tom D. Atkins
Mary Lou Swain
Public Safety (Civil Defense, Law
Enforcement & Emergency Reserve)
Downtown Revitalization Committee
Sister City Committee
California Contract Cities
L.A. County Library Board
L.A. County Sanitation District
League of California Cities
Southern California Transit District
& RTD City Selection Committee
Upper San Gabriel Valley
Water District
Juvenile Diversion
Patrick Froehle
Tom D. Atkins
William I. Dennis
Kenneth G. Gillanders
,Mary Lou Swain
William I. Dennis
Kenneth G. Gillanders
Tom D. Atkins,
Mary Lou Swain
Patrick Froehle
William I. Dennis
Tom D. Atkins
Kenneth G. Gillanders
Tom D. Atkins
Patrick Froehle
William I. Dennis
Council Minutes, April 15, 1986 - Page 3
San Gabriel Valley Association
of Cities
JPIA - Insurance Authority
Tom D. Atkins
Mary Lou Swain
Kenneth G. Gillanders
Patrick Froehle
San Gabriel Valley Animal Control Mary Lou Swain
Authority
Councilman Gillanders moved to adopt Resolution No. 86-
2425, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, APPOINTING A MEMBER OF SAID
COUNCIL OF SAID CITY TO THE RTD CITY SELECTION COMMITTEE
PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILI-
TIES CODE, seconded by Councilman Swain and unanimously
carried.
Councilman Gillanders moved to adopt Resolution No.
86 -2426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY APPOINTING AN ALTERNATE DIRECTOR OF
COUNTY SANITATION DISTRICT 15, seconded by Councilman
Swain and unanimously carried.
Mayor Atkins presented a plaque to Councilman Dennis
in recognition of the many hours of dedicated service
he has given to the City as Mayor this past year.
6. CONSENT CALENDAR:
Councilman Swain requested that item 6. E. be removed for
further discussion.
On motion by Councilman Gillanders, seconded by Councilman
Froehle, all items on the Consent Calendar, with the excep-
tion of item E. were approved as recommended.
A. APPROVAL OF MINUTES - Regular Meeting of April 1, 1986
Approved as written.
B. REQUEST FOR PARTIAL PAYMENT - DAVIS & DALEY.CONSTRUCTION
Council authorized partial payment in the amount of
$4,500 to Davis & Daley Construction for resurfacing of
tennis courts at Live Oak Park.
C. PURCHASE AND INSTALLATION OF BUS BENCH SHELTERS INCLUD-
ING SOLAR- POWERED LIGHTING
Council approved the purchase and installation of bus
bench shelters with solar - powered lighting at locations
indicated in staff memo dated April 10, 1986; authorized
the Mayor and City Clerk to sign documents; and appro-
priated sufficient money from Proposition' "A" funds to
cover costs of shelters and lighting in the arrount of $191,301.44.
D. PLANNING COMMISSION ACTION - REGULAR MEETING OF
APRIL 8, 1986
Council received and filed the Planning Commission memo
relating to action taken at the Commission's April 8, 1986
meeting.
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Council Minutes, April 15, 1986 - Page 4
F. ACCEPTANCE OF AGREEMENT - DIAL -A -RIDE PROGRAM -
COMMUNITY TRANSIT SERVICES INC.
Council accepted Community Transit Services, Inc.'s
agreement for Dial -a -Ride services for one year in the
amount of $119,819; amended the adopted budget to pro-
vide start -up and promotional services in the amount of
$4,500; and approved a Shopper Shuttle Service in the
amount of $9,660.
G. RESOLUTION NO. 86 -2427: EMPLOYMENT OF PERSONNEL
Council adopted Resolution No. 86 -2427, a Resolution
appointing budgeted personnel.
H. RESOLUTION NO. 86 -2428: WARRANTS AND DEMANDS
Council adopted Resolution No. 86 -2428, a Resolution
to pay bills.
E. APPLICATION FOR FIREWORKS STANDS - 1986
Councilman Swain inquired if all applications for fire-
works stands qualified under the insurance requirement.
Councilman Swain was assured that City Attorney Martin
has approved all applications in so far as insurance
liability is concerned.
Councilman Swain moved to approve the applications for
fireworks stands, seconded by Councilman Gillanders and
unanimously carried.
7. UNFINISHED BUSINESS:
None
8. NEW BUSINESS:
A. PUBLIC HEARING: REQUEST FOR APPROVAL OF A CHANGE OF ZONE
FROM R -1 TO R -2 FOR PROPERTY LOCATED AT 4840 GLICKMAN
AVENUE
City Manager Koski provided background information stat-
ing that the Planning Commission at their March 11, 1986
meeting approved to recommend that City Council approve
a request for a change of zone from R -1 to R -2 for
property located at 4840 Glickman. This recommendation
was made based on the fact that the change of zone would
be in conformance with the General Plan, was compatible
with adjacent zoning, and -consistent with nearby and
adjacent land uses. A change of zone would allow the
applicant the right to develop an additional dwelling
unit on the site provided all development standards
for the R -2 zone could be met, and applicant could
eventually develop a maximum of four residential dwel-
ling units. A Negative Declaration of Environmental
Impact has been filed.
Councilman Gillanders moved to include the Planning
Commission Minutes as part of the record for this public
hearing, seconded by Councilman Froehle and unanimously
carried.
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Council Minutes, April 15, 1986 - Page 5
Mayor Atkins declared the public hearing open and
invited anyone wishing to address the subject to come
forward.
Ronald Rapp, 4840 Glickman Avenue, owner of the pro-
perty in question, stated that he would like to im-
prove his property and develop it to conform with sur-
rounding properties in his neighborhood.
As there were no others wishing to address the subject,
Councilman Gillanders moved to close the public hear-
ing, seconded by Councilman Froehle and unanimously
carried.
Councilman Dennis moved to certify the Negative Dec-
laration of Environmental Impact, seconded by Council-
man Gillanders and unanimously carried.
City Attorney Martin introduced Ordinance No. 86 -585,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY APPROVING A CHANGE OF ZONE FROM R -1 TO R -2 (Zone
Case 86 -782), for first reading by title only.
Councilman Dennis moved to waive further reading, secon-
ded by Councilman Gillanders and unanimously carried.
B. PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT TO THE
TEMPLE CITY ZONING CODE REQUIRING A MINIMUM PARKING
SPACE SIZE OF 10 FT. BY 20 FT. FOR ALL PARKING SPACES
WITHIN ENCLOSED GARAGES, REGARDLESS OF ZONE CLASSIFI-
CATION
City Manager Koski stated that the Planning Commission
has requested City Council's approval of an Ordinance
Amendment to the Temple City Zoning Code requiring a
minimum parking space size of 10 ft. by 20 ft. for all
parking spaces within enclosed garages regardless of
the zone classification. A'Negative Declaration of
Environmental Impact has been filed.
Mayor Atkins declared the public hearing open and in-
vited anyone wishing to address the subject to come
forward.
As no one wished to address Council on the matter,
Councilman Gillanders moved to close the public hear-
ing, seconded by Councilman Swain and unanimously
carried.
Councilman Dennis moved to certify the Negative Dec-
laration of Environmental Impact, seconded by Council-
man Swain and unanimously carried.
City Attorney Martin introduced Ordinance No. 86 -586,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING SECTION 9296 RELATING TO PARKING SPACE
SIZE WITHIN ENCLOSED GARAGES, for first reading by
title only.
Councilman Dennis moved to waive further reading,
seconded by Councilman Swain and unanimously carried.
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Council Minutes, April 15, 1986 - Page 6
C. RECOMMENDATION FROM TRAFFIC COMMISSION - REGULAR MEETING
OF APRIL 2, 1986 - MASTER PLAN OF SIDEWALKS
City Manager Koski stated that the last revision of the
Master Plan of Sidewalks took place in 1983. At its
April 2, 1986 meeting, Traffic Commission recommended
12 locations where sidewalks should be installed and are
noted in the staff memo dated April 10, 1986.
Councilman Gillanders moved to amend the Master Plan of
Sidewalks by the addition of 12 locations listed in
staff memo dated April 10, 1986, and approved the timely
funding and implementation of the sidewalks, seconded by
Councilman Swain and unanimously carried.
9. COMMUNICATIONS:
A. FALCON CABLE TV - REQUEST FOR BOND PREMIUM REDUCTION
City Manager Koski advised Council that Falcon Cable TV
has requested a reduction in their bond premium from
$50,000 to $10,000. Pursuant to Section 6356 of the
Temple City Municipal Code, a Faithful Performance Bond
is required in the amount of $50,000 renewable annually;
and, should a reduction be granted, the Municipal Code
will have to be amended accordingly.
Councilman Gillanders stated that $50,000, in his opin-
ion, was not such a large amount for a facility the
size of Falcon.
Councilman Swain advised that the amount of $50,000 was
used because there had been a history with other cable
television companies of non - performance.
Councilman Froehle had no comment on the subject.
Councilman Dennis felt that a $50,000 bond was a minimum
for this type of service company.
Councilman Gillanders moved to retain the City's $50,000
bond premium from Falcon Cable TV, seconded by Council-
man Dennis and unanimously carried.
10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Bob Pitts, 5312 Degas Avenue, brought to Council's atten-
tion Assembly Bill authored by Don Rogers, which gives the
police authority to make an arrest where there is reason-
able cause to believe that an individual has terrorized or
harassed an elderly individual whether or not the officer
personally witnessed the offense. Mr. Pitts urged the
Council's support of the Bill; however, he did not have the
Bill number, but will advise City Hall as soon as he has it.
Mr. Pitts also directed Council's attention to the fact
that there appears to be a traffic problem at the intersec-
tion of Baldwin Avenue and Lower Azusa Road. Specifically,
cars are parking too close to the intersection on the west
side of Baldwin Avenue, making a righthand turn southbound
from Baldwin onto Lower Azusa difficult; and cars exiting
from the south driveway of the Jack -in- the -Box Restaurant
are making a lefthand turn onto Lower Azusa, crossing over
two solid double lines, Also, righthand turns are diffi-
cult due to vehicles parked on the north side of Lower
Azusa Road in close proximity to the restaurant drive exit.
He requested that the Traffic Commission look into this
problem.
Council Minutes, April 15, 1986 - Page 7
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1
11.
Councilman Froehle moved to request the Traffic Commission
review the condition of traffic and parking at the northwest
corner of Baldwin Avenue and Lower Azusa Road, and to forward
their recommendations to City Council, seconded by Councilman
Gillanders and unanimously carried.
Pete Weise, 6119 Oak Avenue, requested Council's help with
definition and possible suggested action regarding neighbors'
concerns with respect to a development at 6019 Primrose Avenue.
When the land was levelled, Planning staff advised inquiring
neighbors that no permit had been filed prior to the moratorium;
therefore, there would be nothing built on the property which
would be more than two units. A few days ago, while in meet-
ing with the architect for the proposed condominium on Gari-
baldi, the architect mentioned that he was also the architect
for the Primrose development, and had been told by the Planning
Department staff that, if his design was for two duplexes
rather than a four -unit apartment, his design would be exempt
from the moratorium. Definition of what constitutes an apart-
ment seemed rather difficult to understand, therefore, Mr.
Weise reviewed the City's Zoning Code. It was his understand-
ing that more than one means multiple, therefore, the develop-
ment under discussion should have fallen under the moratorium
Ordinance. Since the developer in question submitted his plans
on January 14 and his permited grant on February 11, it would
appear the permit was granted during the time the moratorium
was in effect.
Councilman Dennis advised Mr. Weise that he had only just this
evening received a report from staff regarding this situation
and had not had an opportunity to digest its content. Coun-
cilman Dennis advised that the problem appears to be that of
ambiguity of definition of terms and that he would be back to
Mr. Weise as soon as possible with some explanation.
Chris Kidd, 6038 Cloverly Avenue, advised that, in conversa-
tion with attorneys, the term " complex" was of import and, it
was felt, that two duplexes constituted a complex. It was his
hope that City Attorney Martin would look into definitions
used by the City', specifically "apartment ".
Mr. Weise asked Mr. Martin what would happen if, upon investi-
gation, it was determined that a permit should not have been
issued.
City Attorney Martin responded that the City will review the
facts covering this information brought before the Council; and,
if there is an error, the City has the remedies available to
correct it.
RECESS TO CRA:
At this time Council recessed to meet as the Temple City Com-
munity Redevelopment Agency; approved the Minutes of the April 1,
1986 regular meeting; appointed Mayor and Mayor Pro Tempore to
act as Chairman and Vice Chairman respectively "of the Agency;
and adopted Resolution No. CRA 267 in the amount of $200.
ACTION ON REQUEST BY CRA:
None
Council Minutes, April 15, 1986 - Page 8
12. MATTERS FROM CITY OFFICIALS:
A. STEPHANIE RIOS, SECRETARY TO CITY MANAGER
Councilman Froehle announced the birth of a son to
Stephanie Rios, and requested that City Manager Koski
arrange for a floral arrangement to be sent from the
City Council.
B. SENATE BILL 1736 (ROBBINS)
Councilman Gillanders requested Council's support of
Senate Bill 1736, which withdraws the necessity for a
public entity to pay for punitive damages on behalf of
an employee because there would be no liability.
C. CALIFORNIA CONTRACT CITIES
Councilman Swain advised that Temple City would be plac
ing the name of Councilman Dennis for nomination to the
office of Secretary rather than Treasurer as a former
nominee was not reelected in the recent Municipal Elec-
tions.
D. PERSONNEL
Councilman Gillanders moved to approve a $200 per month
interim salary increase until July 1 while Wilma Colvin
performs the duties of Acting City Treasurer, seconded
by Councilman Dennis and unanimously carried.
13. ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman Froehle,
the meeting adjourned at 8:50 p.m. Next meeting of the City
Council will be held on Tuesday, May 6, 1936, at 7:30 p.m.
ATTEST:
C ief Deputy City CJ! .rk
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