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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. 1.:5 448 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. 15 446 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. 1 1 1 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. 1.5 444 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. 1_. 5 443_ 1 1 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/ 15 442