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HomeMy Public PortalAboutCity Council_Minutes_1986-08-19_Regular 1986CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 19, 1986 INITIATION: 1. CALL TO ORDER: Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, August 19., 1986, in the Council Chamber. 2. The invocation was given by Reverend Norlyn Brough, Temple City Church of the Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Dennis, Froehle, Swain, Atkins Councilmen - Gillanders City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and a represen- tative of the Temple City Times Councilman Swain moved to excuse Councilman Gillanders with cause, seconded by Councilman Froehle, and unanimously carried. Mayor Atkins read a letter of congratulations from Congressman Carlos Moorhead of the 22nd District, commending the City for having been selected by Rader's Digest as the community having the best overall Sister City Program in America with a population under 50,000. PRESENTATION: Barbara Abraham of the Sister City Organization in Temple' City p•reented to the City for display the plaque which the organization was recently presented at the International convention, and thanked the City representatives for their sup- port. 5 CONSENT CALENDAR: On motion by Councilman Froehle, seconded by Councilman Swain, all items on the 'Consent Calendar were unanimously approved as recommended. Mayor Atkins stated that,the engineering services for the widen- ing of-Alessandro were coming along very well and the street improvement will begin soon. He thought the residents of that area would be interested in knowing this. Mayor Atkins called the Planning staff's attention to'item #6 of the.Planning .Commission's action from their August 12 meeting, and requested that staff reinspect the property nuisance at 10642 Olive Street. It was the Mayor's opinion that the property needed further yard maintenance. A. APPROVAL OF MINUTES - Regular Meeting of August 5, 1986 Approved as written. Council Minutes, August 19, 1986 - Page 2 B. CURB ADDRESS PAINTING PROJECT - REJECTION OF BIDS Council rejected all three bids submitted for the curb addressing project as all were over budget; and authorized staff to renotice, solicit bids and reset a new bid open- ing date. C. ACCEPTANCE OF PROPOSAL FOR ENGINEERING SERVICES - PLANS, DESIGN, ETC. FOR ALESSANDRO AVENUE WIDENING PROJECT Council accepted the proposal of Dwight French & Associates for engineering services for the Alessandro Avenue widening project in an amount not to exceed $4,900; and authorized the Mayor to sign. D. APPROVAL AND ACCEPTANCE OF MONUMENTATION FOR TRACT NO. 36735 LOCATED ON KEY WEST BETWEEN LA ROSA DRIVE AND ARDEN DRIVE (FORMERLY SEEMAN SCHOOL) The monumentation work was approved by the City Council for Tract No. 36735 located on Key West between La Rosa Drive and Arden Drive; and a refund for the cash deposit in the amount of $1,900 was authorized. E. RENEWAL OF STUDENT AND THE LAW AGREEMENTS RE: TEMPLE CITY UNIFIED SCHOOL DISTRICT (OAK AVENUE INTERMEDIATE SCHOOL), EL MONTE ELEMENTARY SCHOOL DISTRICT (CLEMINSON SCHOOL), FIRSTI LUTHERAN AND ST. LUKE'S SCHOOLS Agreements with the subject school districts and schools were approved by the City Council to provide the Student and the Law Program for the school year 1986 -87; and the Mayor was authorized to sign the agreements. F. PROP A FUNDS EXCIANGE WITII CITY OF COMMERCE City Council approved the exchange of Prop A funds from . Temple City in the amount of $500,000 for General Fund money in the amount of $325,000 from the City of Commerce; and authorized the Mayor and City Clerk to sign the Agreement. G ORDINANCE NO. 86 -589 (2nd READING) ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE TO ALLOW THE RENTAL OF VIDEO TAPES AND THE RETAIL SALE OF PET SUPPLIES WITHIN THE C -1 AND C -1 -R ZONES Council waived further reading and adopted Ordinance No. 86 -589, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CTTY.AMENDING SECTIONS 9371A AND 9375A OF THE TEMPLE CITY ZONING CODE TO ALLOW THE RENTAL OF VIDEO TAPES AND THE RETAIL OF PET SUPPLIES WITHIN THE C -1 AND C -1 -R ZONES H. PLANNING COMMISSION ACTION - MEETING OF AUGUST 12, 1986 Council received and filed the Planning Commission's memo relating to action taken at the Commission's meeting of August 12. I. DEMOLITION AND CLEARING OF 5921 KAUFFMAN AVENUE - CITY PARK- ING LOT Council approved the 1ow bid from Commercial Lot Cleaning, Inc. of South El Monte in the amount of $3,700 for demolitioni and clearing of City property located at 5921 Kauffman Avenue. r Council Minutes, August 19, 1986 - Page 3 J. CLAIM FOR DAMAGES - HELEN NESPOR Council denied the claim for damages and referred the matter to Southern California Joint Powers Insurance Authority. K. RESOLUTION NO. 86 -2459: WARRANTS AND DEMANDS Council adopted Resolution No. 86 -2459, a Resolution approv- ing the payment of bills. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: ORDINANCE NO. 86 -590 EXTENDING INTERIM ORDINANCE NO. 86 -588 IMPOSING A MORATORIUM ON CERTAIN MULTI- PLE FAMILY RESIDENTIAL DEVELOPMENT PROJECTS IN THE R -2, R -3 OR R -4 ZONES OF THE CITY City Manager Koski provided background information stating that on July 15, 1986, the City Council adopted an interim ordinance (Ordinance No. 86 -588) imposing a moratorium on certain multiple family residential development projects in the R -2, R -3 and R -4 zones of Temple City. The ordinance was considered necessary in order to prohibit any develop- ment which would conflict with the proposed General Plan scheduled for adoption late in the year. According to Stag: of California Government Code Section 65858, the interim ordinance may be extended for 10 months and 15 days after notice and public hearing. Mayor Atkins declared the public hearing open, inviting anyone wishing to address the subject to come forward. Richard Derth, City of Lakewood, advised that his son lives at 5945 Primrose, Temple City, and that they purchased the property with the intention that Mr. Derth's son would live in the front unit and they would build a three -unit in'the rear. A Conditional Use Permit was obtained for a two -unit development; however, the Derth's changed the configuration of the development whereby three units would be possible and at that.time the moratorium on development projects was put into. effect Planning Director Shaw stated that the Derth's two -unit pro- ject was issued a CUP and, therefore, would be exempt from the moratorium, and would be allowed to go ahead with the development. Cele Rudar, Century 21 Val -2, representing a client who pur- chased 5808 Cloverly. The property is presently in escrow, which the court has extended to.cover the 45 days of the mora- torium; however, it is unlikely that the court would extend the escrow another 10k months. Mrs. Rudar wanted•to know if the property was going to be down -zoned from R -3, which would indicate that her buyer paid $100,000 too much for the property because the land use has changed. She also wanted to know what recourse the investor' would have against the City. Mayor Atkins responded that there is no way to know at•the present time'.if the property would be down - zoned; and that the buyer would have no recourse against the City since the City is- legally justified in reviewing the General Plan and placing a moratorium on development until the General Plan is. revised and approved. Jack Wood, 200 Pier Avenue, Suite 38, Hermosa Beach, advised that he represents developers who have invested 5300,000 for property in Temple City and find themselves caught in the middle of the moratorium. Mr. Wood requested that thp. Council consid'- r an appeal process to the moratoriu::i. ,. Council Minutes, August 19, 1986 - Page 4 John Cambianica, property owner of 6161 Temple City Boule -'i vard, said that he gets the impression that the City Council is against seeing growth in the City, and feels the present', building moratorium is another indication of the supression of growth. He also wanted to know what changes are envisioned by the Council in the revised General Plan. Mayor Atkins explained that there was no way the City Council could know ahead of time what the revised General Plan will, entail since the informal public hearings have only just begun; and, following that, the consultant hired by the City will be given the public's input and then formal public hear- ings will be held. The Mayor went on to clarify for Mr. Cambianica that the moratorium on new development was placed', as a result of resident concern over a long period of time. Councilman Swain added that the City's General Plan is out- dated and long overdue for revision, and the moratorium was placed because the City wanted to look at the total picture, adding to it the input of the residents of the community and the findings of the downtown revitalization plan recently completed. It is not that the Council is anti- development, but rather "let's be sure it's in the right place at the right time" and that it's being done in a consistent mannerH Mary Kokayko, 6149 North Camellia Avenue, stated that she would be against an appeal process since she felt the mora- torium was a good plan and that real estate investors should know there are risks involved no matter what the investment. Gordon Fisher, 5722 Kauffman Avenge, stated he would like to the moratorium ex.terided to give the City an opportunity t4� incorporate all information received from the General Plan forums. Nicki Emery, daughter of the Pierotti's, property owners of 9547 -9549 Garibaldi, stated that the day prior to the Pier - otti's submitting a plan for 10 units rather than the pro- posed 15, the City Council placed the moratorium on devel- opment. She advised that the Pierotti's also had gone to the trouble of getting a new Environmental Impact Report to show the neighbors that they do care and are not there "just make.a fast buck ". Mrs. Emery requested that ~ -he City Council consider having an appeal process for those developers caught in the middle of the building moratorium. Michael Lo, attorney for the property owner of 6230, 6236 and 6240 Rosemead Boulevard, advised that there is an incon -I sistency in the zoning of these three lots and suggested the Council take this into consideration when studying the General Plan. He also requested that the Council entertain the idea of allowing appeals tothe moratorium to come before the City Council. Trisha Bogle, 5127 Golden West, stated that those who have voiced opposition to,the moratorium and requested an appeal process are unaware of the importance of the General Plan and the'public forums presently being held in order to give the residents'the kind of community they want. Residents have been concerned about over - building in Temple City for about two years and, it was Mrs. Bogle's opinion, that the Council should extend the moratorium until the adoption of a new General Plan has been accomplished. Council Minutes, August 19, 1986 - Page 5 Mike Pearson, 9308 East Valley Boulevard, Rosemead, is a part -time developer and suggested that Council place the moratorium only on those areas which seem to have a problem and not on all building within the City. Mayor Atkins advised Mr. Pearson that the inconsistencies are to be found throughout the City and it would not be feasible to try to sort out which areas have the inconsis- tencies and which do not., Charlene Fisher, 5722 Kauffman, requested that Council extend the moratorium until the General Plan has been developed. Anne -Marie Waldorf) 6019 North Sultana, stated that the,resi- dents of Temple City are the ones who want the extended mora- torium on development because this is where they live and they care what they have to live with... The developers, on the other hand, are here to make their money and then leave. Mrs. Waldorf requested that the Council vote in favor of extending the moratorium. As no one else wished to speak, Councilman Dennis moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Froehle was in favor of extending the moratorium because of resident concern expressed for some time now, and recommended that the moratorium cease when the General Plan is adopted. Councilman Swain was also in favor of extending the mora- torium and would be against an appeal process because of the time staff would have to spend investigating the appeals. Councilman Dennis stated that he empathized with the property owners who wanted to develop their properties, but that all residents of the City must have their rights protected. Also, it is in the best interest of the City to have an approved up- dated General Plan before going forward with any more building. Mayor Atkins concurred with the opinion of Councilmembers. City Attorney Martin recommended adding verbiage to Section 1. of Ordinance No. 86 -590 as follows: 'or until sooner re- pealed or superseded by permanent Zoning Ordinances and General Plan Resolutions ". Councilman Froehle moved to waive further reading and adopt Ordinance No. 86 -590, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO. 86- 588 IMPOSING A MORATORIUM ON CERTAIN MULTIPLE- FAMILY RESI- DENTIAL DEVELOPMENT PROJECTS IiV THE R-2, R -3 OR R -4 ZONES OF THE CITY, as amended, seconded by Councilman Swa.a and unanimously carried. B. PUBLIC HEARING: FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 6 (LIVE OAK PARK) City, Manager Koski stated that the City Council at thei:r- July.15 meeting set public hearing for the establishment of Underground Utility District No. 6 in the vicinity of Live Oak Park for August 19. Public Utility Commission Rule 20A, et a1 requires that the utility companies provide and pay the cost of undergrounding when so required by City authority. .p r r i ? 274 Council Minutes, August 19, 1986 - Page 6 All major costs for trenching, new equipment, etc. will be borne by the utility companies. Some minor cost, not determined at this time, for hook -up of service to and in park buildings will be borne by the City. As the City is the sole property owner within UUD #/6, a public notice was pub- lished in the newspaper and a copy of the notice is on file with the City Clerk. Councilman Froehle inquired as to where additional funds would come from should the actual project cost more than the estimate given. City Manager Koski responded that the Southern California. Edison Company would appropriate additional funds to cover the difference. Mayor Atkins declared the public hearing open and invited anyone wishing to speak to come forward. As no one wished to address Council on the matter, Council- man Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Dennis moved to certify the Negative Declaration of Environmental Impact and adopt Resolution No. 86 -2450, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6, seconded by Councilman Swain and unanimously carried. 7. NEW BUSINESS: A. TWELFTH YEAR (1986 -87) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUPPLEMENTAL ALLOCATION City Manager Koski stated that on August 12, 1986, the Planning Commission received public input and considered the appropriation of an additional $31,065 of Community Development Block Grant funds. These funds were recently made available by the enactment of the Urgent Supplemental Appropriations Act of 1986. This amount when added to the City's previous (1986 -87) allocation of $151,138 totals $182,203 for funding eligible projects. The City presently has $145,138 of CDBG funds targeted toward the acquisition of properties in the Rosemead Boulevard Re- development Project area and $6,000 allocated toward Planning and Administration costs related to CDBG projects Councilman Dennis moved to approve the appropriation of $31,065 toward commercial revitalization efforts in the Rosemead Boulevard Redevelopment Project area, seconded by Councilman Swain and unanimously carried. Councilman Dennis requested that staff provide a recap of the CDBG funds received to date and what projects were in- volved. City Manager Koski advised Councilman Dennis that this would be done. 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Peggy M.ilfeld LOak Avenue, asked in what area the curb number painting would be done; are residents allowed to paint their own address on the curb; and, if solicited to have the work done, what should a resident do. Council Minutes, August 19, 1986 - Page 7 Mayor Atkins responded to Mrs. Milfeld's questions advising her that the curb number painting would be done throughout the City; residents are allowed to paint their addresses on the curbs if they meet City specifications; and, if approached by someone to do the numbering, ask for their City business license and then call the Sheriff's station. Mayor Atkins went on to advise residents that the bids recently received for the curb number painting project were rejected due to the fact that all were over budget. City staff will renotice and solicit new bids for the pro- posed project. Cal Magro, 9207 Wedgewood, advised that notices were placed on doorknobs in his neighborhood advising that someone would be painting numbers on curbs and that it was up to the property owner if he would like to donate money or not; however, no telephone number or address was given where the money could be sent. RECESS TO CRA: At this time Council recessed to meet as the Temple City Com- munity Redevelopment Agency; approved the Minutes of the regular meeting of August 5, 1986; adopted the Relocation Plan of Port & Flor; and adopted Resolution CRA 280: Warrants and Demands. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. COUNTY REGISTRAR RECORDER - NOVEMBER 4, 1986 GENERAL ELECTION (1) REQUEST TO USE THE CIVIC ENTER AS A CHECK -IN CENTER (2) REQUEST TO USE LIVE OAK PARK FACILITIES AS POLLING PLACES Councilman Dennis moved to approve the request of the County Registrar Recorder to use the Civic Center as a .check -in center and Live Oak Park facilities as polling places for the November 4, 1986 general election, secon- ded by Councilman Swain and unanimously carried. B. LEAGUE OF CALIFORNIA CITIES CONFERENCE - LOS ANGELES, OCTOBER 19 - 22, 1986 Councilman Dennis moved to approve attendance of those City Officials wishing to attend; and authorize conference ex- penses as budgeted. C. GENERAL PLAN MEETINGS City Manager Koski advised that, following the first meeting of the public forum regarding the General Plan, staff has had an opportunity to review the format of the 'meting and have determined that certain changes need to take.place be- fore future meetings are held in order to conduct a more meaningful And :constructive forum with the residents of the'City. Mr. Koski distributed a copy of staff's memo listing.the proposed format of conducting future meetings to each-Member of the Council. Council Minutes, August 19, 1986 - Page 8 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Swain, the meeting of the City Council adjourned at 9:55 p.m. Next regular meeting of the City Council will be held on Tuesday, September 2, 1986. ATTEST: Chief De•uty Cit ler 271.