HomeMy Public PortalAboutCity Council_Minutes_1987-06-02_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 2, 1987
1 INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on May 29, 1987, Mayor
Gillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, June 2, 1987.
2. The invocation was given by City Manager Koski.
3. The Pledge of Allegiance to the Flag was led by Mayor Gil -
landers.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Atkins, Dennis, Froehle, Swain,
Gillanders
Councilmen -None
City Manager Koski, City Attorney Martin,
Interim Planning Director Tooker, Parks and
Recreation Director Kobett, Public Works
Coordinator Peterson and Julie Estrada of the
Temple City Times
5 CONSENT CALENDAR:
Councilman Dennis requested that item D. be removed from the
Consent Calendar; and Councilman Swain requested items F.
and G. be removed.
Councilman Atkins moved to approve the remaining Consent
Calendar items as recommended, seconded by Councilman Swain
and unanimously carried.
A. APPROVAL OF MINUTES - Regular Meeting of May 19, 1987
Approved as written.
B. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION
MEETING OF MAY 20, 1987
(1) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY
YOUTH SOCCER ORGANIZATION
City Council approved the request of Temple City
AYSO for use of Live Oak Park and the park facili-
ties as stated in the staff memo dated May 21, 1987
subject to adherence to park rules and insurance
requirements.
C. REQUEST FOR THE SOLICITATION OF DONATIONS AT PARKS AND
RECREATION DEPARTMENT'S SUMMER BAND CONCERTS
City Council approved the solicitation of donations at
scheduled band concerts held at Temple City Park during
the summer in order to assist with the purchase of
instruments, music and equipment.
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COUNCIL. MINUTES, JUNE 2, 1987 - PAGE 2
E. 1987 CAMELLIA FESTIVAL EVALUATION AND FINANCIAL STATE-
MENT; AND NOMINATION OF GENERAL CHAIRMAN FOR 1988 FESTI-
VAL
Council received the report from the 1987 Camellia
Festival Committee and endorsed the appointment of
Patricia Hanft as General Chairman of the 44th Annual
Camellia Festival.
H. COMMUNITY DISPOSAL CO. REQUEST FOR RATE INCREASE
City Council approved a 5.5% rate increase requested by
Communmity Disposal, effective July 1, 1987, which would
increase the fees for single family residences from
$8.95 to $9.45 and for multiple units for the first unit
from $8.95 to $9.45 and from $4.50 to $4.75 for each
additional unit.
I. RESOLUTION NO. 87 -2716: APPROVAL OF PAYMENT OF BILLS
City Council adopted Resolution No. 87 -2716 approving
claims and demands in the amount of $338,755.24.
J. CLAIMS FOR DAMAGE: 1) Wausau Insurance Companies /Golden
State Foods Corporation
2) Stephen Laferney
Council denied the claims and referred them to Southern
California Joint Powers Insurance Authority.
D. ACCEPTANCE OF BID: CONSTRUCTION - WHEELCHAIR RAMPS,
CURBS, GUTTERS, SIDEWALKS AND PAVEMENT, PROJECT 86/87 -1
Councilman Dennis requested the engineer's estimate on
the subject project.
City Manager Koski advised Councilman Dennis that the
estimate was $65,000.
Councilman Dennis moved to accept the low bid from Damon
Construction Co. in the amount of $57,824 for the con-
struction of wheelchair ramps, curb, gutter and sidewalk
repair at various locations within the City, and author-
ized the Mayor and City Clerk to sign the Agreement,
seconded by Councilman Atkins and unanimously carried.
F. PROPOSED BUDGET FOR FISCAL YEAR 1987 -88
Councilman Swain requested that a date be set for the
Study Session as one was not indicated in the backup
information. Councilmembers concurred that June 15
would be the best date for all.
Councilman Swain moved to refer the proposed 1987 -88
budget for a Study Session on June 15 at 7:30 p.m. in
the City Hall Council Conference Room, 9701 Las Tunas
Drive, and set the proposed budget for public hearing at
the next regular City Council meeting on June 16, 1987,
seconded by Councilman Atkins and unanimously carried.
G. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF
MAY 26, 1987
Councilman Swain referred to item 6. of the memo dated
May 27 wherein is stated that the Commercial Development
Standards were referred to the Council with a recommen-
dation that the Downtown Revitalization Committee review
and make recommendations. It was Councilman Swain's
opinion that the matter should be referred back to the
Planning Commission rather than the Downtown Revital-
i zation Committee. Councilmembers concurred.
COUNCIL MINUTES, JUNE 2, 1987 — PAGE 3
Richard Konrad, 9600 East Las Tunas Drive, stated that
it was the opinion of the Downtown Revitalization Com-
mittee that the matter should be referred back to the
Planning Commission as they would have more expertise in
developing the standards, although the Committee would
appreciate the opportunity to provide their input.
Councilman Swain moved to refer back to the Planning
Commission the proposed Commercial Development Standards
with subsequent input from the Downtown Revitalization
Committee, seconded by Councilman Atkins and unanimously
carried.
Councilman Swain moved to receive and file the remaining
items noted in the memo from the Planning Commission
outlining action taken at the Commission's meeting of
May 26, seconded by Councilman Atkins and unanimously
carried.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: LEVY OF FISCAL YEAR 1987 -88 ASSESSMENTS
- CITY -WIDE LIGHTING DISTRICT
City Manager Koski stated that, pursuant to the Land-
scaping and Lighting Act of 1972, notices of the public
hearing set for this evening were published in the
Temple City Times in a timely manner. The City Engineer
indicates that there is sufficient funds to operate the
District and provide regular street light maintenance.
No change is proposed in the current assessment rates of
$11.50 per unit in Zone A (residential properties with
lights on their streets), $3.50 per unit in Zone B
(residential properties without lights on their streets,
but which benefit from intersection lighting throughout
the City), and 64.4 cents per front foot for commercial
properties.
Mayor Gillanders opened the public hearing and invited
anyone wishing to address the issue to come forward at
this time.
As no one wished to address the City Council, Councilman
Swain moved to close the public hearing, seconded by
Councilman Froehle and unanimously carried.
Councilman Atkins moved to adopt Resolution No. 87 -2717,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 1987 -88 WITHIN THE CITY -WIDE LIGHTING MAIN-
TENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHT-
ING ACT OF 1972, seconded by Councilman Dennis and
unanimously carried.
B. PUBLIC HEARING: ORDINANCE NO. 87 -606 -U EXTENDING ORDI-
NANCE NO. 87 -604 -U AMENDING THE BUILDING MORATORIUM
ORDINANCE
City Manager Koski advised that Urgency Ordinance 87-
604 -U removed the moratorium initially placed during the
formulation and adoption of the City's Amended General
Plan in order to allow time for new density and develop-
ment standards to be enacted. Ordinance 87 -604 -U stip-
ulated that a 20 -foot minimum front yard setback be
required for multi - family units; and Ordinance 87 -606 -U
extends 87 -604 -U for an additional 10 months and 15
days. During this extension of time, the City will
further refine and develop design and development stan-
dards and revise the City's zoning ordinance to reflect
these necessary changes.
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COUNCIL MINUTES, JUNE 2, 1987 - PAGE 4
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the City Council on
the matter to come forward at this time.
As no one wished to address the City Council, Councilman
Dennis moved to close the public hearing, seconded by
Councilman Froehle and unanimously carried.
City Attorney Martin introduced by title only Urgency
Ordinance No. 87- 606 -U, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY EXTENDING ORDINANCE NO.
87 -604 -U AMENDING ORDINANCE NO. 86 -588 RELATING TO A
BUILDING MORATORIUM.
Councilman Atkins moved to waive further reading and
adopt Ordinance No. 87- 606 -U, seconded by Councilman
Swain and unanimously carried.
7. NEW BUSINESS:
A. URGENCY ORDINANCE NO. 87 -607 -U PERTAINING TO DEFINITION
OF BUSINESS ENTITY AND REQUIREMENTS FOR CONDITIONAL USE
PERMIT
City Attorney Martin advised that the Planning staff has
recommended that the City Council adopt an Urgency
Ordinance imposing a 45 -day moratorium on large store
structures wishing to subdivide and segment their larger
buildings into several smaller units. The moratorium
will allow the Planning Department time to study and
prepare adequate regulations before a building could be
subdivided. Mr. Martin recommended that in Section 1.
9128. (0) (3) of the proposed Urgency Ordinance 87 -607 -U
the verbage "subdivided in such way as to have independ-
ent utility hook -ups" be deleted since not all subdivi-
sions have independent hook -ups.
Richard Konrad, 9600 East Las Tunas Drive, stated that
he was very much in favor of the 45 -day moratorium and
felt that the majority of the business community would
also be in agreement with the Urgency Ordinance.
Councilman Froehle asked if there will be a minimum size
requirement for floor space.
Mr. Tooker advised that, upon polling several cities,
only one city had a minimum floor space requirement and
all others had no minimum either for industrial or
commercial businesses.
City Attorney Martin introduced by title only Urgency
Ordinance No. 87- 607 -U, AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATORIUM
UNDER GOVERNMENT CODE SECTION 65858 PERTAINING TO MULTI -
TENANT BUSINESS ENTERPRISES WITHIN A SINGLE BUILDING OR
PORTION THEREOF, deleting "subdivided in such way as to
have independent utility hook -ups" noted in Section 1.
9128. (U) (3).
Councilman Atkins moved to waive further reading and
adopt Urgency Ordinance No. 87 -607 -U as amended, sec-
onded by Councilman Dennis and unanimously carried.
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COUNCIL MINUTES, JUNE 2, 1987 - PAGE 5
8. COMMUNICATIONS:
A. APPEAL RE: NEGATIVE DECLARATION PERTAINING TO ORDINANCE
NO. 87 -605 APPROVING ADDITIONAL USES IN THE C -1 ZONING
CLASSIFICATIONS
City Manager Koski provided background information
stating that on March 24, 1987 the Planning Commission
adopted Resolution No. 87 -1313 PC, which recommended new
uses in the C -1 Zone. On May 5, 1987 the City Council
adopted Ordinance No. 87 -605, which includes business
and professional office uses, after having concluded
that the requirements for a Conditional Use Permit and
additional off - street parking spaces for office uses in
the C -1 zone was a necessary and sufficient mitigation
measure to reduce any potential substantial adverse
environmental impact. The environmental process con-
ducted by City Council and Planning Commission was
completed in substantial compliance with CEQA. On May
26 Planning Commissioners Abraham, Breazeal and Seibert,
as private citizens, presented an appeal to the City
Manager /City Clerk stating that the Negative Declaration
approved by the City Council did not deal with all the
possible adverse environmental impacts that would be
created by business and professional uses in the C -1
Zone.
Councilman Dennis moved to defer action on this matter
to an Executive Session later in the evening, seconded
by Councilman Froehle and unanimously carried.
B. REQUEST FROM CHAMBER OF COMMERCE RE: CHANGE OF ZONE
FROM C -1 -R AND C -1 -0 TO C -1
City Manager Koski advised that correspondence has been
received from the Chamber of Commerce advising that they
and the Downtown Revitalization Committee request that
the City Council take jurisdiction and set for public
hearing the change of zoning from C -1 -R and C -1 -0 to
C -1.
Councilman Swain recommended that the Council move
forward on this request . and not refer it back to the
Commission. Councilmembers concurred.
Councilman Swain moved to set for public hearing on June
16, 1987, the matter of the proposed change of zone from
C -1 -R and C -1 -0 to C -1, seconded by Councilman Dennis
and unanimously carried.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Dave Sparks, introduced himself to the members of the City
Council as the newly appointed representative of the South-
ern California Edison Company for Temple City.
Cal Magro, 9207 Wedgewood, inquired if the public was in-
vited to the Executive Session immediately following the
Council meeting.
City Manager Koski responded that it was a closed session
and that the public was not invited; however, the City
Attorney would give a brief explanation of what transpired
immediately following the closed session.
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COUNCIL MINUTES, JUNE 2, 1987 - PAGE 6
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the May 19, 1987 meeting; and adopted Resolution No. CRA
304: Warrants and Demands. 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. AUTHORIZATION TO RECRUIT FOR CODE ENFORCEMENT OFFICER
City Manager Koski stated that, pursuant to previous
discussions with the City Council regarding the new
position of Code Enforcement Officer, staff has con-
ducted a salary survey and is recommending the position
be given the range of 51.5 which has a salary range of
$2,023 - 2,254. Due to the length of time required to
hire, staff suggests that recruitment commence immedi-
ately.
Councilman Dennis moved to authorize the immediate
recruitment for a Code Enforcement Officer, seconded by
Councilman Swain and unanimously carried.
B. PROPOSED SALE OF GIDLEY SCHOOL
Councilman Dennis distributed to members of the City
Council copies of an article which appeared in the Los
Angeles Times regarding the status of the proposed sale
of Gidley School. Councilman Dennis advised that the
article gives information which, according to his
sources, is accurate and up to date.
Pursuant to Government Code Section 54956.9(b)(2), members
of the City Council recessed to a closed session to discuss
an interpretation of the Brown Act with the City Attorney at
8:15 p.m.
At 8:35 p.m. Mayor Gillanders reconvened the meeting.
8. A. APPEAL RE: NEGATIVE DECLARATION PERTAINING TO ORDINANCE
NO. 87 -605 APPROVING ADDITIONAL USES IN THE C -1 ZONING
CLASSIFICATION (Continued)
Jerry Seibert, 5025 Farago, stated that it was the
concern of the three Commissioners requesting the appeal
that the inclusion of the business and professional
usage in the C -1 Zone would cause possible adverse
environmental impacts; and that a
Negative Declaration couldn't be approved
without a focused EIR.
Councilman Dennis moved to reject the appeal on the
basis of the content of the staff memo dated May 28 and
Minutes already on file, seconded by Councilman Swain
and unanimously carried.
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COUNCIL MINUTES, JUNE 2, 1987 - PAGE 7
City Attorney Martin summarized the proceedings which
transpired during the closed Session. Mr. Martin stated
that no Council action was taken; and that discussion
revolved around the interpretation of the Brown Act and
its limitations and possible violations by Commission-
ers.
12. ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman
Swain, the meeting of the City Council adjourned at 8:40
p.m. The next regular meeting will be held on Tuesday, June
16, 1987.
ATTEST:
Chief D
ty City C1/
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