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HomeMy Public PortalAboutCity Council_Minutes_1987-04-21_Regular 1987CITY OF TEMPLE CITY CITY COUNCIL MINUTES APRIL 21, 1987 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on April 17, 1987, Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, April 21, 1987. 2. The invocation was given by Reverend Charles Woodworth, First United Methodist Church, 5957 Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen- Dennis, Gillanders, Swain, Atkins Absent: Councilmen - Froehle Also Present: City Manager Koski, City Attorney Martin, Associate Planner Saldana, Parks and Recrea- tion Director Kobett, Public Works Coordina- tor Peterson and Dick Singer of the Temple City Times Councilman Gillanders moved to excuse Councilman Froehle with cause, seconded by Councilman Swain and unanimously carried. PRESENTATIONS: (1) CERTIFICATE OF RECOGNITION - Mayor Atkins presented a framed Certificate of Recognition to Mathew Jacobs, Temple City's Outstanding Older American and commended Mr. Jacobs for his many contributions to the community over the years. (2) PROCLAMATION - "BETTER HEARING AND SPEECH MONTH" - Mayor Atkins presented a proclamation to members of the Quota Club International of Temple City, proclaiming the month of May as "Better Hearing and Speech Month ". (3) PROCLAMATION - "HIRE A VETERAN WEEK" - Mayor Atkins pre- sented to a representative of the State Employment Develop- ment Department a proclamation proclaiming the week of May 3 - 9, 1987 as "Hire a Veteran Week ", and the Department had a Certificate of Appreciation for D & W Associate Builders in Temple City for their active support in the employment of veterans. 5. REORGANIZATION OF COUNCIL: A. At this time, the City Clerk assumed the chair and opened nominations for the office of Mayor for the coming year. 15 426 Council Minutes, 4/21/87 - Page 2 B. Councilman Atkins nominated Councilman Gillanders for the office of Mayor, seconded by Councilman Swain. Councilman Atkins moved that nominations be closed and a unanimous ballot be cast for Councilman Gillanders for the office of Mayor, seconded by Councilman Swain and carried. C. Mayor Gillanders assumed the chair and thanked the Council for their vote of confidence and the opportunity to serve as Mayor for the coming year. Councilman Swain nominated Councilman Patrick Froehle for the office of Mayor Pro Tempore, seconded by Coun- cilman Dennis. Councilman Swain moved that nominations be closed and a unanimous ballot be cast for Councilman Froehle for the office of Mayor Pro Tempore, seconded by Councilman Dennis and carried. D. Appointments: Mayor Gillanders made the following committee appointments, following which it was moved by Councilman Atkins, seconded by Councilman Swain and unanimously carried that the appointments be confirmed. Los Angeles County City Selection Committee Public Safety Downtown Revitalization Committee Sister City Committee Temple City Chamber of Commerce California Contract Cities Association L.A. County Library Board L.A. County Sanitation Dist. League of California Cities Kenneth G. Gillanders Tom D. Atkins (alternate) Patrick Froehle Tom D. Atkins (alternate) William I. Dennis Kenneth G. Gillanders Mary Lou Swain Mary Lou Swain William I. Dennis (alt.) Kenneth G. Gillanders Kenneth G. Gillanders Tom D. Atkins (alternate) Patrick Froehle William I. Dennis So. Ca. Transit District and Kenneth G. Gillanders RTD City Selection Committee Mary Lou Swain (alternate) Upper San Gabriel Valley Water District San Gabriel Valley Associ- ation of Cities JPIA - Insurance Authority San Gabriel Valley Animal Control Authority 1 5 4 '5 Tom D. Atkins Tom D. Atkins Mary Lou Swain (alternate) Kenneth G. Gillanders Patrick Froehle Mary Lou Swain Council Minutes, 4/21/87 - Page 3 Councilman Atkins moved to adopt Resolution No. 87 -2704, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY 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 UTILITIES CODE, seconded by Councilman Swain and unanimously carried. Councilman Atkins moved to adopt Resolution No. 87 -2705, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN ALTERNATE DIRECTOR OF COUNTY SANITA- TION DISTRICT 15, seconded by Councilman Swain and unanimously carried. PRESENTATION: On behalf of the City Council and the citizens of Temple City, Mayor Gillanders presented a plaque to Councilman Atkins in appreciation of the outstanding service given as Mayor during his term. Councilman Atkins thanked members of the Council and City Manager Koski for their support during his term of office and voiced his appreciation to City staff for their efforts. 6. CONSENT CALENDAR Councilman Dennis_requested that item 5. A. be removed from the Consent Calendar. Councilman Swain moved to approve the remaining items on the Consent Calendar as recommended, seconded by Councilman Atkins and unanimously carried. A. APPROVAL OF MINUTES - Adjourned Meeting of March 31, 1987 and Regular Meeting of April 7, 1987 Councilman Dennis referred to item 6. A., second to the last paragraph, indicating that he would like staff to include the potential maintenance costs along with the capital improvement costs on all projects not just what concerns Proposition A funds. Councilman Dennis moved to approve the Minutes of the Adjourned Meeting of March 31 as written and the Regular Meeting of April 7 as corrected, seconded by Councilman Swain and unanimously carried. B. RESOLUTION NO. 87 -2706 ORDERING ENGINEER'S REPORT FOR FY 1987 -88 CITY -WIDE LIGHTING DISTRICT Council adopted Resolution No. 87 -2706, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ENGINEER'S REPORT FOR THE 1987 -88 ANNUAL ASSESSMENT LEVY FOR THE CITY -WIDE LIGHTING DISTRICT. C. RECOMMENDATIONS FROM THE PLANNING COMMISSION MEETING OF APRIL 14, 1987 (1) PROPERTY NUISANCE - 9002 EMPEROR; OWNER: LANORA HOBAN As no appeal was received, City Council adopted Resolution No. 87 -2709, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CER- TAIN PREMISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF. 4.24 Council Minutes, 4/21/87 - Page 4 (2) PLANNING COMMISSION ACTION Council received and filed the memo from the Plan- ning Commission outlining action taken at the Commission's meeting of April 14. D. RECOMMENDATIONS FROM THE PARKS & RECREATION COMMISSION MEETING OF APRIL 15, 1987 - REQUEST FOR USE OF LIVE OAK PARK BY TEMPLE CITY AYSO City Council approved the request of Temple City AYSO for use of Live Oak Park on May 30 and June 20 for soccer sign -ups subject to the usual insurance require- ments and adherence to the established rules for use of the park. E. REJECTION OF BID - INSTALLATION OF STREET LIGHTS ON ROSEMEAD BOULEVARD BETWEEN BROADWAY AND THE EATON WASH As the bids of $64,258 and $69,725 were in excess of the $16,200 estimate of the engineer, City Council rejected both bids and instructed staff to review the proposal and renotice for new bids. F. CLAIM FOR DAMAGE: JACKIE VAN BIBBER Council denied the claim and referred the matter to Southern California Joint Powers Insurance Authority. G. RESOLUTION NO. 87 -2707: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 87 -2707 authorizing the payment of bills. 7. UNFINISHED BUSINESS: A. GENERAL PLAN AMENDMENT INCLUDING THE 7 LAND USE ELE- MENTS - TEXT AND MAPS A THROUGH W City Manager Koski stated that the City Council closed the public hearing on the General Plan amendment on March 31 with a subsequent Study Session held on April 6. Determinations were made by the Council regarding land use policy, which have been compiled and will be presented this evening by Mr. Beland. The revised densities are as follows: Low Density Residential is 0 -6 dwelling units per acre; Medium Density Residential is 7 -12 dwelling units per acre; and High Density Resi- dential is 13 -24 dwelling units per acre. Councilman Atkins moved to make correspondence received since the last meeting a part of the public record concerning the General Plan Amendment, seconded by Councilman Dennis and unanimously carried. Dale Beland, Cotton /Beland /Associates, Inc., compli- mented the City Council and the community of Temple City for the way in which the General Plan .Update has pro- ceeded. The amendments to the General Plan will facili- tate the reduction of long -term development intensity and stabilize and enhance existing residential neighbor- hoods. The land use changes are endorsed by policy statements which, should the City Council adopt the plan, will be reflected in the publication of the new General Plan. This will include a map showing what can be built where, as well as density standards, develop- ment criteria and policy statements so that the City will have a tool to work with in future decisions about new development. Council Minutes, 4/21/87 - Page 5 Councilman Atkins moved to adopt Resolution No. 87 -2708, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE CITY'S AMENDED GENERAL PLAN AND ADOPTING SAID PLAN, seconded by Councilman Dennis and unanimously carried. Councilman Swain stated that, since the Planning Commis- sion is presently studying developments with less than a 20 -foot setback, an urgency ordinance should be adopted. After some discussion, City Council agreed that the moratorium should be amended by adding a new Section "(c) Building permits may now be issued for any such development which receives a Conditional Use Permit therefor (and Tentative Tract Map if appropriate) where such building has a front yard setback of at least twenty (20) feet." City Attorney Martin introduced Ordinance No. 87- 604 -U, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ORDINANCE 86 -588 RELATING TO A MORATORIUM. As an urgency ordinance it is effective immediately and shall remain in effect 45 days unless extended pursuant to Government Code Section 65858. On motion by Councilman Swain, seconded by Councilman Atkins, and unanimously carried, Ordinance No. 87 -604 -U was adopted. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION MEETING OF APRIL 15, 1987 - OPERATION OF SWIMMING POOL AT TEMPLE CITY HIGH SCHOOL; DESIGN PLAN FOR TEMPLE CITY PARK; AND IMPROVEMENTS AT LIVE OAK PARK City Manager Koski advised the City Council that the Commission is desirous of having a joint study session with the Council. The Commission has been advised by the Temple City School District that they will not share in the cost of maintaining the swimming pool for the summer swim program. Concerning the design plan for Temple City Park, the Commission would like to add one or more spring- mounted animal play pieces for very small children, which is not included in the design plan prepared by Recreation Systems, Inc. Also, the Commis- sion has recommended that funds be appropriated to retain a qualified firm to design the perimeter of Live Oak Park to prevent unauthorized vehicles from entering without the need to entirely fence the park. Councilman Atkins moved to refer the subject items to a Study Session with the Parks and Recreation Commission on Monday, April 27, at 7:30 p.m. in the Community Room, seconded by Councilman Dennis and unanimously carried. 8. NEW BUSINESS: A. PUBLIC HEARING: AMENDMENT TO ZONING CODE RE: C -1 USES City Manager Koski provided background information stating that in February of this year the City Council referred the Downtown Revitalization Committee report containing recommended changes in use for the C -1 and C -2 zoning to the Planning Commission for study and recommendation. The Planning Commission held a. public hearing February 24 and summarized their recommendation for the C -1 zone in Resolution No. PC 87 -1313 dated March 24, 1987. I 4 Council Minutes, 4/21/87 - Page 6 Councilman Atkins inquired if a copy of the staff memo dated April 16 and written by Mel Tooker had been trans- mitted to the Downtown Revitalization Committee. City Manager Koski advised that the Committee has not yet received this in -house study. The present Committee study does not recommend rezoning of any defined geo- graphic area. It is staff's recommendation that, fol- lowing rezoning, there be some commercial development standards to go along with the new uses and the new zone. It was Councilman Atkins' opinion that the development standards need not be applied to a particular zone, and perhaps could apply to all commercial zones. Councilman Dennis stated that he would like to keep the government agency, as much as possible, from telling the businesses what they can and can't do. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Richard Konrad, 9600 East Las Tunas Drive, chairman of the Revitalization Sub - committee on Zoning, advised that two public hearings were held with the City Council and Planning Commission to which property and business owners were invited by mail. Also, a certified letter was sent to all property and business owners of 100 businesses which were affected, with the exception of the Ralph's /Thrifty Shopping Center and the Lumberyard. Following the correspondence, members of the Committee went out and made personal visits to the business commu- nity and received 90 signatures agreeing with the Com- mittee's proposed zone changes. It was the Committee's opinion that the business district should provide a mix of retail, service and professional uses. Councilman Dennis inquired of Mr. Konrad what the main discrepancy was between the Planning Commission and the Sub - committee on Zoning. Mr. Konrad said that it was apparent the Commission believed it was important to keep the core of the central business district retail- oriented. Councilman Atkins stated that, in his opinion, going to a C -2 zoning and eliminating the C -1 entirely would be the best way of handling the downtown business problem. As Councilmembers had many questions which they wished to discuss in depth, Councilman Swain moved to adjourn the public hearing to Monday, April 27, at 8:30 p.m. in the Community Room, seconded by Councilman Atkins and unanimously carried. Mayor Gillanders commended the Sub - committee on Zoning for their constructive input, stating that the quality of work was very impressive. B. COMMUNITY TRANSPORTATION PROGRAM - FISCAL YEAR 1987 -88 RENEWAL OF AGREEMENT WITH COMMUNITY TRANSIT SERVICES, INC. City Manager Koski advised that the surveys conducted by staff indicated that users of the City's Dial -a -Ride program are very satisfied with the service. The Market Z1 9 1 Council Minutes, 4/21/87 - Page 7 Shuttle Service, however, has not been as heavily used as anticipated and it is recommended that the service be discontinued. Community Transit Services have advised staff that, to renew the agreement for the service and to include a new 1988 lift- equipped vehicle, the cost would be $134,306, which is an increase of $1,732 or 1.3 %. Also, to provide a new vehicle in the program Community Transit has requested that a three -year agree- ment be entered into and the budget to be negotiated annually with an increase based on the Consumer Price Index. Councilman Atkins moved to approve the tentative renewal agreement for three years; directed staff to prepare the agreement; and authorized the Mayor to sign, seconded by Councilman Dennis and unanimously carried. C. REASSIGNMENT OF RUBBISH COLLECTION FRANCHISE AND STREET SWEEPING AGREEMENT City Manager Koski stated that on March 26 the City received correspondence from Chester Otting of Community Disposal Company advising that he plans to retire and requested permission to reassign the company's franchise for rubbish collection and agreement for street sweeping to Athens Disposal Company owned by Ron Arakelian. The same terms and conditions of the agreement and amend- ments would apply to the new contractor if authorization is given for reassignment. Contact has been made with the cities with which Athens Disposal is doing business and all reports were very complimentary. Councilman Swain moved to approve the reassignment of the rubbish collection franchise and street sweeping agreement from Community Disposal Company to Athens Disposal Company, seconded by Councilman Atkins and unanimously carried. Councilman Swain suggested that the City prepare a special token of appreciation for Chet Otting and staff of Community Disposal. Mr. Otting thanked the City Council and residents for the cooperation given over the years and especially thanked the Council for courtesies extended to him. 9. COMMUNICATIONS: A. REQUEST FOR PERMISSION TO HOLD PARADE ON SEPTEMBER 19, 1987 City Manager Koski referred Council to correspondence received from Steve Johnson, Program Ccordinator, San Gabriel Valley Masonic Constitution Observance Commit- tee, requesting permission to hold a parade on Saturday, September 19 at 3:00 p.m. in commemoration of the bicentennial of the Constitution. Mr. Johnson has contacted the Chamber of Commerce and is aware of the procedures established for the Camellia FeEtival. Also, in considering approval of the concept for the parade, City Attorney Martin has advised that legislation is currently pending which would preclude the City from requiring liability insurance for parades. Councilman Atkins moved to approve the parad=_ in concept and referred the matter to staff for a report and recom- mendations, seconded by Councilman Dennis and unani- mously carried. 15 420 Council Minutes, 4/21/87 - Page 8 B. REQUEST FROM HSIEN TANG FU, 9404 OLIVE STREET TO REPLACE BLOCK WALL City Manager Koski provided background information stating that at the Council's March 3 meeting the City Council authorized staff to negotiate an acceptable compromise for the cost of replacing the block wall fence which was removed during the street widening project on Alessandro. Mr. Ko, attorney for Mr. Fu, rejected the City's offer and requested full reimburse- ment of $4,096.60. It is staff's opinion that Mr. Fu acted prematurely when he contracted to have the work done without benefit of competitive bids. Mayor Gillanders stated that an offer to mitigate to the damages to a fixed figure was made by the City and this offer has been refused. City Attorney Martin has sug- gested that the Council should refer this matter to the Southern California Joint Powers Insurance Authority as a matter of damages and, therefore, would be inappropri- ate for the City Council to continue the hearing. Councilman Atkins moved to deny the claim and refer the matter to the Southern California Joint Powers Insurance Authority, seconded by Councilman Swain and unanimously carried. 10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Cal Magro, 9207 Wedgewood, wanted to know why a meeting regarding the amendment to the Zoning Code as it relates to C -1 uses could not have been held before the 27th of April when the Committee: would have appreciated the input of the City Council. Councilman Swain advised that the matter has just now come to the City Council as a posted item on the Agenda. Prior to this the item was before the Planning Commission and, therefore, the kCity Council could not discuss a matter which would be comin:;; before the Council and on which the Council would have to kake a decision following a public hearing . Councilman Der,iis added that additional information which is pertinent to the issue has just become available.. King Huang, :1590 East California Boulevard, Pasadena, in- quired if the City Council had received his letter regarding the General Flan as it relates to his property on Rosemead Boulevard. City Manager.Koski responded that his letter had been re- ceived and will be referred back to the Planning Commission along with other correspondence received from property owners who ..:E•re taking exception to the recommendations of the Planning Commission with respect to the updated General Plan. RECESS TO (;RA: At this time Council recessed to meet as the Temple City Community /Redevelopment Agency; approved the Minutes of the April 7, 1987 meeting; and adopted Resolution CRA 300: Warrants rnd Demands. The Minutes are set forth in full in the recorl.s of the Agency. " ± 1 9 .. Council Minutes, 4/21/87- Page 9 11. ACTION ON REQUEST BY CRA: None 12. MATTERS FROM CITY OFFICIALS: A. CONFORMING ZONING TO UPDATED GENERAL PLAN BY PLANNING COMMISSION Councilman Atkins moved to instruct the Planning Commis- sion to undertake conforming the zoning to the updated General Plan, seconded by Councilman Swain and unani- mously carried. 13. ADJOURNMENT: On motion by Councilman Swain, seconded by Councilman Dennis, the meeting of the City Council adjourned at 9:30 p.m. The next regular meeting will be held on Tuesday, May 5, 1987. ATTEST: 1 Chief Deputy Cil Clerk 1 418