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HomeMy Public PortalAboutCity Council_Minutes_1987-03-17_Regular 1987CITY OF TEMPLE CITY CITY COUNCIL MINUTES MARCH 17, 1987 1 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on March 13, 1987, Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, March 17, 1987. 2. The invocation was given by Dan •.Tilstra, Youth Pastor, Seventh Day Adventist Church, 9664 East Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen- Froehle,Gillanders,Swain,Atkins Absent: Councilmen- Dennis Also Present: City Manager Koski, City Attorney Martin, Associate Planner Saldana, Parks and Recrea- tion Director Kobett, Public Works Coordina- tor Peterson and Julie Estrada of the Temple City Times Councilman Gillanders moved to excuse Councilman Dennis with cause, seconded by Councilman Swain and unanimously car- ried. 5. CONSENT CALENDAR Councilman Swain requested that items A., C., E. and J. be removed from the Consent Calendar. Councilman Froehle moved to approve as recommended the re- maining items on the Consent Calendar, seconded by Councilman Gillanders and unanimously carried. B. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF MARCH 10, 1987 City Council received and filed the memo from the Plan- ning Commission outlining action taken at the Commis- sion's meeting of March 10. D. PROGRESS REPORT ON BUS BENCH SHELTER LIGHT PROBLEM City Council received and filed the staff report detail- ing the problem experienced with the lights in the bus shelters. F. ACCEPTANCE OF WORK - CITY -WIDE CURB ADDRESS PAINTING Council accepted the work performed and authorized the City Clerk to file a Notice of Completion; authorized payment in the amount of $10,667.47; and authorized release of the 10% retention at the end of the 35 -day lien period. 4.r3 Council Minutes, March 17, 1987, Page 2 G. ACCEPTANCE OF BID - AIR CONDITIONING CONDENSER FOR CITY HALL City Council accepted the bid from Crown Heating and Air Conditioning in the amount of $11,980; authorized the Mayor and City Clerk to sign the agreement; and appro- priate necessary funds and amend the adopted budget accordingly.. H. SANITARY SEWER IMPROVEMENTS, PRIVATE CONTRACT NO. TEMPLE CITY 83 -3, TRACT NO. 36735 Council approved the work completed and accepted the sewers for public use; and exonerated the listed surety bond in the amount of $27,000 from American Motorists Insurance Company for Fairhaven Development Company. I. NEW STREET LIGHTS ON ROSEMEAD BOULEVARD Council authorized staff to order lights and poles for installation on Rosemead Boulevard between Broadway and the Eaton Wash; and authorized staff to publish the Notice Inviting Bids. K. AGREEMENT FOR PLANNING SERVICES Council approved the agreement for Planning services which would provide the City with temporary Planning services during the recruitment for a Planning Direc- tor. L. RESOLUTION NO. 87 -2700: APPROVAL OF PAYMENT OF BILLS Council adopted Resolution No. 87 -2700 authorizing the payment of bills. A. APPROVAL OF MINUTES - Regular Meeting of March 3, 1987 Councilman Swain noted that Councilman Dennis was absent with cause from the meeting of the 3rd. Councilman Froehle moved to approve the Minutes of March 3, 1987 as corrected, seconded by Councilman Swain and unanimously carried. C. PROGRESS PAYMENT #1 - MOBASSALY ENGINEERING, INC. CURB, GUTTER AND WIDENING OF ALESSANDRO BETWEEN BLACKLEY AND OLIVE Councilman Swain wished an explanation as to why the Engineer's recommendation was to not accept the black - topping, and also why the job is now $15,000 over bid. Public Works Coordinator Peterson responded that the asphalt job was not up to the standards of the City and will be corrected. The problems occurred due to the cold temperatures and the rain and so the contractor is now waiting for the weather to warm up and stabilize. Concerning the increase in cost, Mr. Peterson explained that the engineer underestimated the quantities required to complete the job. Councilman Gillanders also expressed concern about the fact that the project was $15,000 over bid and felt the engineer should be available to answer questions regard- ing this. 1 . 4rw Council Minutes, March 17, 1987, Page 3 Councilman Swain moved to defer any decision on the matter until the April 7 meeting when the engineer would be able to answer Council's questions, seconded by Councilman Froehle and unanimously carried. . MAINTENANCE CONTRACT FOR BUS BENCH SHELTERS Councilman Swain stated that she would like more back- ground information on the maintenance of the bus bench shelters and would like the opportunity to discuss the matter at greater length than would be allowed this evening. Mayor Atkins concurred, saying that he would like more details given regarding what services will actually be performed by each bidder. Councilman Froehle recommended that City staff attempt to clean up some of the graffiti presently found on the shelters, if their schedules allowed the time. Councilman Swain moved to defer action on this matter until the meeting of the 7th of April and instructed staff to have more detailed information on the bids received, seconded by Councilman. Gillanders and unani- mously carried. J. RECOMMENDED POLICY ON USE OF CITY FACILITIES - INSURANCE REQUIREMENTS Councilman Swain recommended that copies of the guide- lines for use of City facilities be made available to the Chamber of Commerce and', the Camellia Festival in order that interested groups would have all the informa- tion they need at once. Councilman Gillanders recommended that an amendment be made to guideline #1, adding: "unless specifically waived or modified by the City Council 30 days prior to use" as there are times the need for a Certificate of Insurance is not necessary. Councilmembers concurred with this opinion. Councilman Gillanders moved to approve the recommended policy for use of City facilities as amended, seconded by Councilman Swain and unanimously carried. 6. UNFNISHED BUSINESS: A. PUBLIC HEARING: ORDINANCE NO. 87 -602 -U EXTENDING ORDI- NANCE 87 -599 -U IMPOSING A MORATORIUM ON USES RELATING TO BUSINESS OF ACUPRESSURE PENDING PLANNING COMMISSION STUDIES City Attorney Martin stated that Urgency Ordinance No. 87 -599 was adopted on February 3, 1987 to allow time to develop appropriate regulations through the Planning Commission and Sheriff's Department with respect to the business of acupressure. The adoption of Ordinance No. 87 -602 -U would provide additional time to complete the studies in order that a permanent City Ordinance may be adopted. Mayor Atkins declared the public hearing open and in- vited anyone wishing to address the Council on the matter to come forward at this time. 15 401 Council Minutes, March 17, 1987, Page 4 As no one wished to address Council, Councilman Gil - landers moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Gillanders moved to waive further reading and adopt Ordinance No. 87- 602 -U, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY'EXTENDING ORDINANCE 87 -599 -U IMPOSING A MORATORIUM ON USES RELATING TO THE 'BUSINESS OF ACUPRESSURE PENDING PLANNING COMMISSION STUDIES, seconded by Councilman Swain and unanimously carried. B. CONTINUED PUBLIC HEARING: GENERAL PLAN UPDATE (This public hearing is continued from the meeting of March 3, 1987.) Councilman Swain moved to make,, all correspondence re- ceived in the past two weeks concerning the update of the General Plan a part of the records of the City Council General Plan public hearings, seconded by Coun- cilman Gillanders and unanimously carried. Mayor Atkins declared the public hearing reopened and asked Mr. Dale Beland of Cotton /Beland /Associates Inc. to continue the review of the General Plan update. Mr. Beland briefly reviewed the purpose of the General Plan update for those attending a General Plan update public hearing for the first time. Map H Tricia Bogle, 5127 Golden West, advised Council that she had heard residents speak at the Planning Commission public hearings regarding Area 7 and 8 of Map H, and it was her recollection that they would prefer to have a low density designation because a medium density would pose a traffic problem. Map I Dan Noriaga, 9371 Lower Azusa Road, stated that his lot is 80' x 210' in Area 7, and would like to have the option of putting another home on the lot. He also mentioned that his neighbor, Evelyn Rogers, would also like to add a structure to her property. Map J Virgil Graf, 6118 Primrose, advised that the comment made regarding Area 10 indicates that the residents desire a high density designation. He felt that perhaps only one resident of the neighborhood made that state- ment as it is the desire of most of his neighbors to have a medium density designation. Mary Kokayko, 6149 North Camellia Avenue, stated that she would prefer to see a medium density maintained in Areas 9 and 14. She also mentioned that it is very likely that her neighbors are confused by the restric- tions of various designations. Councilman Swain suggested to Ms. Kokayko that she contact her neighbors regarding the designations pro- posed for the areas; and, should her neighbors share her opinion, ask that they send correspondence to the City Council reflecting their views. 1 ! 400 Council Minutes, March 17, 1987, Page 5 Chris Kidd, 6038 North Cloverly Avenue, reminded the Council that the Planning Commission voted against the proposed development in Area 10 and the Environmental Impact Report concurred with the neighborhood in that it would be an over -use of the property. Therefore, he favored a low density designation rather than medium. Margaret Miller, 6122 Primrose Avenue, stated that she favored low density designation for Area 10 rather than medium. Map K Chris Kidd, 6038 North Cloverly Avenue, referred to Area 1 where there is one lot which is spot -zoned at the corner of the block, which he feels should be changed to conform with the rest of the block. Councilman Gillanders stated that a corner of a block is the most logical place to have a zone change. Pete Weiss, 6119 North Oak, concurred with Mr. Kidd on the particular parcel at the corner of Cloverly Avenue. Mr. Weiss disagreed with having a high density designa- tion in low density neighborhoods. He would also like to see medium density designations in Areas 4, 7, 8, 9 and 10. Map L Doris Holcomb, 6043 Kauffman Avenue, stated that she would recommend that the R -3 zoning presently designated in Area 1 remain high density,rather than medium density as recommended. Map M Kelly Haveland, representing property owners at 5808 Cloverly, advised that he represents most of the prop- erty owners in Area 1, and that the property owners strongly oppose a down - zoning to take place in their neighborhood. Mr. Haveland distributed to the Council copies of a petition from neighbors opposing the change. Tricia Bogle, 5127 Golden West, inquired if she could find out what the density is of a particular apartment house on Cloverly Avenue. Her concern lies in proper- ties being developed to the maximum zoning designation. Mayor Atkins advised Mrs. Bogle that this information is available in the Planning Department at City Hall, and that she should contact Planning Associate David Saldana for this information. Map A Tricia Bogle, 5127 Golden West, expressed concern about the property on the east side of Golden West at Lower Azusa, which the voter's in the special election indi- cated should be designated low density. Map R Paula Van Orden, 5429 Baldwin Avenue, concurred with the designation of low density for AreE 1 and wanted to confirm that second structures would be permitted on over -sized R -1 lots. 1F 9 Council Minutes, March 17, 1987, Page 6 Mayor Atkins advised that this is a recommendation before the City Council for consideration. Pete Weiss, 6119 North Oak Avenue, stated that the Baldwin Avenue area, in his opinion, is where the City should designate higher density rather than lower since it could take the added traffic and parking. Councilman Gillanders advised Mr. Weiss that parking on Baldwin is very limited as many of the properties on Baldwin are developed as flag lots. Map S Councilman Gillanders questioned why 10019 -10047 Lower Azusa are designated as commercial when they back up to R -1 lots. City Manager Koski advised that both Beland & Associates and staff recommended that the area be designated low density, and it was the Planning Commission who recom- mended the commercial designation for the area. Councilman Swain recommended that the Councilmembers should perhaps study this area a little more closely. Jack Weintre, 4902 Baldwin Avenue, read a letter to the City Council requesting that he be allowed to build a second unit on his property as many of his neighbors already have an additional structure on their property. He Felt he should be afford-d the same privilege his neighbors hale. Mayor Atkins.. advised Mr. Weintre that his request is not in keeping with the subject of this evening's public hearing and will be addressed at a later date. Brent Ber4, 2130 Huntington Drive, South Pasadena, advised that he represents the owner of three parcels fronting on Lower Azusa Road and which are recommended for commercial' designation in Area 4. He and the owner leave they judgment of the importance of Lower Azusa Road for commercial enterprise and the need for commercial enterprise in' the City to the City Council. The owner will develop the property whether given the designation of commercial or residential. Map V Mayor Atkins advised Mr. Beland that Area 5 should re- flect a convalescent hospital rather than a church. ,t Joyce Hill; 5427 Welland Avenue, said she had heard that an apartment was proposed at 5420 Welland and she was against a structure like that on her street because of the problem;; such a development would bring to the neighborhood.,. Councilman SArain assured her that an apartment structure would not be permitted as the property is designated as medium densii :y and it would require a high density des- ignation. 3 Council Minutes, March 17, 1987, Page 7 Norman Dunkin, 5420 Welland Avenue, requested that his property stay at medium density designation as proposed by the Planning Commission. Map W Tricia Bogle, 5127 Golden West, stated that it was her understanding that the other elements of the General Plan were also going to be discussed during the public hearings in addition to the mapping. City Attorney Martin recommended that, if densities are to be changed as a part of the General Plan, the matter should be referred back to the Planning Commission so that new hearings may be held on the text of the General Plan. Mr. Beland advised that the drafted Environmental Impact Report will provide another opportunity for public input. As there appears to be some degree of closure on land use policy and the Council will come to some deci- sion on density ranges and /or other definition of land use classifications, it will be possible to finalize the draft EIR, which must be circulated for public comment and review. The Council must certify the adequacy of the EIR before action may be taken on the General Plan. Mrs. Bogle stated that she was against separating the various issues of the General Plan as one element may affect another element of the plan. City Manager Koski advised Mrs. Bogle that the City Council has conducted public hearings, which fulfills their legal requirements regarding the proposed changes in the General Plan. If they wish to subsequently consider a particular area for a change in the General Plan, the residents of that area will be noticed and another public hearing will be held‘. Otherwise, the final General Plan document will not be a public hear- ing; however, residents would be able to address Council on the matter at the City Council meeting. Pete Weiss, 6113 North Oak Avenue, stated that only specifically identified sections of the City, those slated for change, have been addressed during the public hearings. Some residents have concern about areas currently zoned for more intensive use than their cur- rent use and should also have been addressed during the public hearings. Mr. Weiss said that, at the close of the Planning Commission hearings, residents were prom- ised a map showing the proposed changes as well as present uses in order to get a better picture before the public hearings held by the City Council, and this has not yet been done. He also agreed with Mrs. Bogle in that the land use element is the only element addressed during the public hearings, and it is their concern that all elements be open to the public prior to adoption of the updated General Plan. City Manager Koski advised Mr. Weiss that the only issue yet to be considered is the Environmental Impact Report. Mr. Koski advised that, if Mr. Weise or any other resident had comments on the other elements, the Council would continue the public hearing in order to give everyone the opportunity to address the issues. 1 5 397 Council Minutes, March 17, 1987, Page 8 Mayor Atkins declared a recess at 10:15 p.m. and recon- vened the public hearing at 10:25 p.m . City Manager Koski recommended that, since this month has a fifth Tuesday, perhaps the Council might wish to continue the General Plan update public hearing to Tuesday, March 31. Councilman Froehle stated that, since there are seven elements to the General Plan, the Council did only address one element of the plan and residents should be given the opportunity to address all elements. It is obvious that residents were not aware that they could address the other elements during the past public hear- ings; and, therefore, opportunity for discussion of the other six elements should be afforded the general public at this time. Councilman Swain moved to continue the General Plan update public hearing to Tuesday, March 31, 1987, at 7:30 p.m. in the Council Chamber, seconded by Councilman Froehle and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: STREET LIGHTING IMPROVEMENTS - HALLWOOD DRIVE BETWEEN GOLDEN WEST AND AGNES (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) City Manager Koski provided background information stating that property owners were contacted regarding the installation of three 5800 lumen HPSV street lights on existing wood poles on the south side of Hallwood Drive between Golden West and Agnes. Eleven of the 13 property owners favored the installation, which exceeds the 60% approval required by Chapter 27. With the installation of the lights, the annual Street Lighting District Assessment will increase from $3.50 to $11.50 per property in Zone A, and residents were advised of this increase. Mayor Atkins declared the public hearing open and in- vited anyone interested in addressing the matter to come forward at this time. As no one wished to address Council, Councilman Swain moved to close the public hearing, seconded by Council- man Froehle and unanimously carried. Councilman Gillanders moved to approve the Notice of Exemption; ordered the Superintendent of Streets to cause work to be done; and approved the annexation of the area to Assessment District Zone A, seconded by Councilman Froehle and unanimously carried. B. PUBLIC HEARING: AMENDMENT TO SECTION 9332 OF THE TEMPLE CITY ZONING CODE REGARDING PROHIBITION OF SECOND UNITS (GRANNY FLATS) ON RESIDENTIAL LOTS ZONED R -1 City Manager Koski advised that Government Code Sections 65852.1 and 65852.2 provide for "Granny Housing" or second units to be placed on single- family residential lots if the additional unit is intended for the sole occupancy of one or two adults aged 60 years or older. The Planning Commission held a public hearing on Febru- ary 24 to consider the proposed code amendment and adopted a resolution recommending the City Council adopt an Ordinance prohibiting "Granny Housing" in the R -1 zone. 1F ? E3 Council Minutes, March 17, 1987, Page 9 Mayor Atkins declared the public hearing open and in- vited anyone interested in addressing the matter to come forward at this time. Anna Weintre, 4902 Baldwin Avenue, (addressed the City Council during the General Plan update public hearing) stated that, because of the variations of lot sizes and densities, it was her opinion that the City Council should consider each request for second units or "Granny Flats" individually as opposed to prohibiting Granny Flats in the entire City. As no one else wished to address the City Council, Councilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact, seconded by Coun- cilman Swain and unanimously carried. City Attorney Martin introduced for first reading by title only Ordinance No. 87 -603, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9332 OF THE ZONING CODE WHEREBY "SECOND UNITS" ARE PROHIBITED IN THE R -1 ZONING DISTRICT. Councilman Swain moved to waive further reading, sec- onded by Councilman Froehle and unanimously carried. C. RECOMMENDATION FROM TRAFFIC COMMISSION - MEETING OF MARCH 4, 1987 (1) SOUTHERN CALIFORNIA AUTO CLUB "FREEWAY DEVELOPMENT TO THE YEAR 2000" City Manager Koski advised that the Southern Cali- fornia Automobile Club is urging the City's support and endorsement for additional freeway construc- tion, widening and better transit organization. Commission recommends that Council endorse the concepts presented by Southern California Auto Club. Mayor Atkins advised the Council that the freeway system would include Rosemead Boulevard and, should the Council endorse the concept, Council would also be supporting the development of the freeway pass- ing through the western boundary of the City. Councilman Gillanders moved to adopt Resolution No. 87 -2701, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENDORSING THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA'S PROPOSAL, "FREEWAY DEVEL- OPMENT TO THE YEAR 2000 ", seconded by Councilman Froehle and unanimously carried. 8. COMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one wished to address Council. 15 395 Council Minutes, March 17, 1987, Page 10 RECESS TO CRA: At this time Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the March 3, 1987 meeting; continued the matter of adoption of a Resolution of Public Condemnation of Certain Real Property in Rosemead Blvd. Redevelopment Project; rejected the demo- lition bids and authorized staff to negotiate the sale of structures;; approved the request for signs for Sizzler Restaurant; and adopted Resolution CRA 298: Warrants and Demands in the amount of S123.88. The Minutes are set forth in full in the records of the Agency. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. APPOINTMENT OF TRAFFIC COMMISSIONER Councilmembers agreed to postpone the appointment of a new Traffic Commissioner to the adjourned meeting of the City Council scheduled for March 31. 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Swain, the meeting of the City Council adjourned at 10:40 p.m. and will meet for an adjourned meeting on Tuesday, March 31 to continue the public hearing regarding the Gen- eral Plan update. The next regular meeting will be held on Tuesday, April 7, 1987. MAYOR ATTEST: &-/ Chief D-puty Cit Clerk c 1.5 394