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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. 1 21 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. 9n8 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. 1 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. 1 Z 206 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 1 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 15 203