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HomeMy Public PortalAboutCity Council_Minutes_1988-02-02_Regular 19881 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 2, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on January 29, 1988 Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, February 2, 1988. 2. The invocation was given by City Manager Karl Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor Gil - landers. 4. ROLL CALL: Present: Councilmen- Atkins, Froehle, Swain, Gillanders Absent: Councilman- Dennis Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Parks & Recreation Director Kobett, Public Works Coordinator Peterson, Planning Consultant Tooker and Julie Estrada of the Temple City Times Councilman Atkins moved to excuse Councilman Dennis with cause, seconded by Councilman Swain and unanimously carried. PRESENTATION: A presentation to the City was made by City Councilman Swain on behalf of Mrs. Nunamaker - Highland for the many benefits she and her family have received over the years. Mrs. Nunamaker - Highland was married to former Mayor of Temple City (Al Nunamaker). The presentation was a China Plate depicting a Camellia, the City Flower which Mrs. Nunamaker - Highland designed and painted. Mayor Gillanders accepted the plate with great appreciation on behalf of the City. 5. CONSENT CALENDAR Councilman Froehle moved to remove Item 5.C. from the Con- sent Calendar. Councilman Swain moved to approve the remain- der of the Consent Calender as recommended, seconded by Councilman Froehle and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of January 19, 1988. Approved as written with Councilman Swain abstaining. B. ORDINANCE NO. 88 -624 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING VARIOUS SECTIONS OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO BOARDS AND COMMISSIONS - Council waived further reading and adopted Ordinance No. 88 -624, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING VARIOUS SECTIONS OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO BOARDS AND COMMISSIONS. - - lb-033 Council Minutes, February 2, 1988 - Page 2 D. PROGRESS PAYMENT #1 & #2 - TRAFFIC SIGNAL UPGRADE PRO- JECT, STEINY & CO., INC. City Council approved progress payments #1 & #2 in the amounts of $101,817.00 and $96,718.50. E. ACCEPTANCE OF WORK - SIGNAL MAINTENANCE, INC. INSTALLA- TION OF 16 NEW INTERNALLY ILLUMINATED STREET NAME SIGNS, VARIOUS LOCATIONS City Council accepted work performed and authorized the filing of the Notice of Completion, authorized the payment in the amount of $10,224.00 and authorized the release of 10% retention -at the end of the 35 -day lien period. F. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF JANUARY 26, 1988 City Council -received -and - filed—the -memo outlining action taken by the Planning Commission at their regular January 26 meeting. G. RESOLUTION NO. 88 -2761: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 88 -2761 approving claims and demands in the amount of $241,111.26. C. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION MEETING OF JANUARY 20, 1988 - -LIVE OAK PERIMETER DESIGN Councilman Froehle indicated that it appears as though this perimeter design is going to proceed in increments therefore, he inquired whether there were any additional grant funds available, whether the partial design will fit into the master plan as the project progress and if this partial design will prevent vehicles from entering the south side of the park. Vic Kobett, Director of Parks and Recreation, indicated that all grant funds allocated by the voters have been utilized, however there is the prospect of another bond issue which will go before the voters statewide and should this be approved Temple City will receive their allotment. Mr. Kobett stated that this partial design will fit into the master plan but will not prevent vehicles from entering the south side of the park. Through their studies they have found that there is no design which would prevent this access into the park unless it is very obtrusive and at a very substantial cost. City Manager Koski added that the strategy is to take funds available and make partial improvements and then present a completed package to Council at the budget session which would make this project part of the 1988 -89 budget with completion this summer pending approval. Councilman Froehle moved to approve the modification to LOP Perimeter Design for installation of six box trees and four concrete picnic tables at the south end of the Park in the amount of $4,000, seconded by Councilman Atkins and unanimously carried. 6. UNFINISHED BUSINESS: None Council Minutes, February 2, 1988 - Page 3 7. NEW BUSINESS: A. PUBLIC HEARING: GENERAL PLAN AMENDMENT 88 -1 AND ZONE CHANGE 88 -895 City Manager Koski provided background information stating that on January 12, 1988 the Planning Commission conducted a public hearing for General Plan Amendment 88 -1 and Zone Change 88 -895. The minutes and a summary of the various actions taken was included in the pack- ets. It is suggested that Council take one area at a time during the public hearing process and, after the public hearing is closed, adopt the appropriate Ordi- nance. Councilman Atkins moved to include the Planning Commis- sion minutes and materials as part of the record of Council's public hearing, seconded by Councilman Swain and unanimously carried. AREA 1 Planning Consultant Tooker stated that the General Plan as adopted in 1987, indicated Area 1A as medium density residential and during the subsequent public hearings to change the Zoning from R -1 to R -2 considerable public testimony and discussion let the Council to direct staff to amend the General Plan from medium density residen- tial to low density residential and leave the zoning as R -1. Mayor Gillanders declared the public hearing open for Area 1A and invited anyone wishing to address the City Council on the matter to come forward at this time. John Wilde, 4905 Baldwin, stated his support of this area remaining medium density, R -2. Based on current land use, most of the property would be non - conforming if this area was zoned R -1. Jack Weintre, 4902 N. Baldwin, stated he had presented a letter to the Planning Commission on January 12, 1988 and wished to indicate he is in favor of the R -2 zoning. JoAnn MacLean, 4854 N. Baldwin, stated she was in favor of the R -2 zone change. Anna Weintre, 4902 N. Baldwin, indicated she was in favor of R -2. She currently has one unit on her property. Joe Campagna, 4930 Baldwin Avenue, stated he was in favor of the R -2 change. His lot size is 16,000 square feet and has one unit on it. As no one else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing on Area 1A, seconded by Councilman Atkins and unanimously carried. Councilman Froehle stated that overall the people of Temple City wanted low density and if this area was zoned R -2 they could put as many as four units on these properties. Many of the people who had given testimony had large lots and wished to have parody with their neighbors. He indicated that the Planning Commission is currently looking at a policy regarding the square footage for residents in an R -1 area which would allow the placement of one unit for every 7200 square feet Council Minutes, February 2, 1988 - Page 4 therefore, all the people who spoke could still put 2 units on their lots. Based on these facts Councilman Froehle stated he was in favor of an R -1 zoning of Area 1A. Councilman Atkins concurred with Councilman Froehle and also feels an R -1 zoning is appropriate. Councilman Swain inquired as to the average size lots in that particular area and at R -2 density what is the number of units which could be built on the average lot. Mr. Bob Dawson indicated that the average lot ranges from 14,000 square feet to 21,000 square feet with the average being 17,000 square feet which would allow 4 units at the R -2 density. Councilman Swain reiterated the statement made by Coun- cilman Froehle regarding lots with over 14,400 square feet which may subdivide. These subdivisions would have-to-meet the .criteria- of . R -1 - zoning of 7200 square feet. Councilman Swain concurred with Councilman Froehle and Councilman Atkins and would be in favor of R -1 zoning. Mayor Gillanders concurred with the rest of the Council and was in favor of the R -1 zoning. Councilman Swain moved to amend the General Plan for Area 1A to reflect low density residential and leave the zoning R -1 to be consistent with the General Plan, seconded by Councilman Atkins and unanimously carried. Mr. Tooker indicated that Area 1B- (Lower Azusa Rd) was previously R -4 and in order to bring it into confor- mance with the General Plan, it is required that this area be changed to C -2. As a result of the zoning consistency public hearing testimony, it was decided by Council that Medium Density residential would be a more appropriate General Plan designation. This would re- quire a zone change from R -4 to R -2. Mayor Gillanders declared the public hearing for Area 1B, three lots at 10019 -10047 Lower Azusa Road open and invited anyone wishing to address the City Council on the matter to come forward at this time. Domenick Rago, 403 Monterey Pass, Monterey Park, stated he is the owner of the property and would like it to be commercially zoned. As no one else wished to address the City Council on this matter Councilman Froehle moved to close the public hearing on Area 1B, seconded by Councilman Atkins and unanimously carried. Councilman Froehle indicated that in previous meetings the residents voiced their strong objections to a com- mercial designation therefore, he would be in favor of an R -2 designation for Area 1B. Councilman Atkins concurred with Councilman Froehle and additionally stated that any commercial development could be a significant traffic problem. Council Minutes, February 2, 1988 - Page 5 Councilman Swain stated that in the first hearing when all the residents were in attendance, she had voiced a very strong opinion that this particular area should be commercial property and an R -3 designation was discussed. It is still her opinion that this would be a good commercial area but would have been against an R -3 designation due to the potential of an apartment complex being built. Councilman Swain stated she felt this was a good compromise and was in favor of an R -2 designa- tion for this area. Mayor Gillanders was opposed to the commercial designa- tion due to the negative impact it would have on the eight residences immediately adjacent to this area and would be in support of the medium residential designa- tion. Councilman Atkins moved to designate the three lots, 10019 -10047 Lower Azusa, which is referred to as Area 1B, as medium density, R -2, seconded by Councilman Froehle -and unanimously carried. AREA 2 Mr. Tooker stated that Area 2 consists of the area north of Workman to the existing commercial property along the south side of Las Tunas, on the east and west side of Camellia and the east and west side of Kauffman. The General Plan in April, 1987 showed the area as low density residential. When the zoning changes were to be made to bring about a consistency with the General Plan, considerable public testimony from the arearesidents involved indicated this area should be medium density. This was to not only reflect the land usage but to permit two units on the properties allowing utilization of the alley. These lots average approximately 8750 square feet and under the R -2 designation, two units may be built. Mayor Gillanders declared the public hearing open for Area 2 and invited anyone wishing to address the City Council on the matter to come forward at this time. Phillip Vargas, 5733 N. Kauffman Avenue, presented to the Council a petition of 66 residents who would like the area to remain low density. Lloyd Ranabargar, 5822 Camellia Avenue, stated he con- curred with Mr. Vargas and would like the area to remain R -1. Robert Huson, 5812 N. Camellia Avenue, indicated he supported the low density designation. Kenneth T. Palmer, 5818 N. Kauffman Avenue, stated he had been to previous meetings and wanted the area to remain R -3 but would agree to R -2. David Manning, 5728 Golden West,that although he does not live in the affected area he wished to state his opinion that this area should remain R -1. . As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing on Area 2, seconded by Councilman Swain and unanimously carried. Council Minutes, February 2, 1988 - Page 6 039 Councilman Swain stated that this area is a very diffi- cult one and many groups have given input. A large group from Kauffman had spoken in favor of R -2 at a previous meeting. On the petition which was given to the Council by Mr. Vargas, there were 11 signatures which were immediately affected and others that were in a close radius who indicated they were in favor of low density, R -1. Based on all input received thus far, there were very strong differences of philosophy. Coun- cilman Swain stated that if there is any area in Temple City which does lend itself to multiple units it would be this one due to the back alley access. Additionally, R -2 zoning would allow only two per lot and would not allow very large dense developments such as R -3 allows. However, the area is predominantly R -1 and based on the overall opinion of the residents of Temple City, Coun- cilman Swain was in favor of R -1 in Area 2. Councilman Atkins concurred with Councilman Swain and stated he was in favor of R -1 in Area 2. Councilman Froehle stated he had received a phone call from Mr. Roger Chandler, who lives on the northwest corner of Kauffman and Workman, _indicating he would like to see Area 2 remain R -2 rather than down zoned to R -1. Councilman Froehle concurred with Councilman Swain and Councilman Atkins. Mayor Gillanders stated he also agreed with the rest of the Council. Councilman Atkins moved to amend the General Plan for Area 2 to reflect low density residential and zone change R -1 to be consistent with the General Plan, seconded by Councilman Swain and unanimously carried. Area 3 Mr. Tooker stated that this area is shown in the General Plan adopted April, 1987 as medium density residential. Through the public hearing process it became evident that although the zone change was to make the zoning consistent with the adopted General Plan, the existing land use which was R -3, made it necessary to amend the General Plan to reflect high density. This area is located on both sides of Noel from 5625 northerly to the end of the street. Mayor Gillanders declared the public hearing open for Area 3 and invited anyone wishing to address the City Council on the matter to come forward at this time. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Atkins moved to amend the General Plan for Area 3 to reflect high density residential and the zoning to remain R -3 to be consistent with the General Plan, seconded by Councilman Froehle and unanimously carried. AREA 4 This area is shown as low density residential in the General Plan adopted April, 1987. The zoning is cur- rently R -2 and due to previous public hearings and City Council input, staff has been directed to amend the General Plan to show the area as medium density rather ,than low density. This area is located on the west side of Oak Avenue from 6155 to the intersection of Longden. Council Minutes, February 2, 1988 - Page 7 Mayor Gillanders declared the public hearing open for Area 4 and invited anyone wishing to address the City Council on the matter to come forward at this time. As no one else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Swain moved to amend the General Plan for Area 4 to medium density residential and zoning to remain R -2 which is consistent with the General Plan, seconded by Councilman Froehle and unanimously carried. Area 5 Mr. Tooker stated that this area is shown on the General Plan as medium density residential. The current zoning is R -1 with one lot zoned R -2, and it is recommended by the Planning Commission- that the-zoning be changed to R -2 due to both public testimony and a petition received at previous Planning Commission meetings. This area is located on both sides of Hallowell, Halifax and Doreen. Mayor Gillanders declared the public hearing open for Area 5- [Hallowell] and invited anyone wishing to address the City Council on the matter to come forward at this time. Hassan El -Deeb, 4938 Hallowell Avenue, stated he submit- ted a letter to the Planning Commission regarding his lot which is currently zoned R -2. He has built another unit on this property and would like to see it remain R -2. Mafa Kamal, 4807 Hallowell Avenue, stated he is in favor of R -2, medium density for this area. Dwane Carter, 4815 Hallowell Avenue, indicated he con- curs with the other speakers and is in favor of R -2. Donald Steinwinter, 4821 N. Hallowell Avenue, stated he is in favor of the medium density, R -2. Melad Khair, 4820 Hallowell Avenue, wished to state he was supportive of the medium density, R -2. Robert LoPresto, 4816 Hallowell Avenue, indicated he was the individual who had started the four -page petition with many signatures of residents in the area which stated they wanted R -2, medium density and would like Council to consider Hallowell separate from the others in the area. Amal E1 -Deeb, 4807 Hallowell Avenue, indicated she was in favor of the medium density, R -2. Ferial E1 -Deeb, 4938 Hallowell Avenue, stated she was in favor of R -2. As no one else wished to address the City Council on this matter, Councilman Froehle moved to close the public hearing, seconded by Councilman Swain and unani- mously carried. Councilman Atkins moved to leave the General Plan for Area 5- [Hallowell] on 5 lots medium density and to change the zoning to R -2 to be consistent with the General Plan, seconded by Councilman Froehle and unani- mously carried. Council Minutes, February 2, 1988 - Page 8 Mayor Gillanders declared the public hearing open for Area 5- [Halifax] and invited anyone wishing to address the City Council on the matter to come forward at this time. As no one else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Swain moved to amend the General Plan for Area 5- Halifax to low density and the zoning to remain R -1 which is consistent with the General Plan, seconded by Councilman Froehle and unanimously carried. Mayor Gillanders declared the public hearing open for Area 5- [Doreen) and invited anyone wishing to address the City Council on the matter to come forward at this time. Allan- Shuey, 4825 N Doreen, stated-he was in favor of low density. Mary Lawyer, 4826 N. Doreen, stated she was in favor of low density, R -1. As no one else wished to address the City Council on this matter, Councilman Froehle moved to close the public hearing, seconded by Councilman Swain and unani- mously carried. Councilman Atkins moved to amend the General Plan to low density and the zoning remain R -1 in Area 5- [Doreen] which is consistent with the General Plan, seconded by Councilman Froehle and unanimously carried. Area 6 Mr. Tooker indicated this area included two lots on Camellia, 4803 and 4823. The General Plan, April 1987, showed the first three lots north of Lower Azusa as medium density residential. Some time ago the zoning in this area was R -4 and when the zoning was brought into consistency with the General Plan it was changed to R -2. Lot A, 4803 Camellia - present use of this property is an office that was given a land use variance in 1962. It has been a source of problems in that the use was termi- nated , therefore, the original land use could not be re- established. This lot is being considered for an C -1 zoning designation. Lot B, 4823 Camellia - Owner requested his lot to be considered medium density residential primarily because he has alley access to the rear and would like to build an additional unit. Mayor Gillanders declared the public hearing open for 4803 Camellia and invited anyone wishing to address the City Council on the matter to come forward at this time. George Sotolongo, 4803 N. Camellia, stated there were people at the last meeting who were against this property being converted from R -2 to C -1. Therefore, he circulated a petition in the area surrounding his property and collected twelve signatures of residents who were in favor of this area being used as commercial. Marsha Swindler, 4852 Camellia Avenue, stated she was in favor of keeping this area R -2 and not changing it to commercial. Council Minutes, February 2, 1988 - Page 9 Jay Swindler, 4852 Camellia Avenue, indicated he was in favor of this area remaining R -2. Tom Mclntee, 4840 Camellia, concurs with his neighbors stating there is just too many cars in the area. Daniel C. Patterson, 6453 Trelawney, his company occu- pies the office at 9621 Lower Azusa Road. At the pres- ent time he has 5 parking spaces which his staff utilizes. It is his opinion that the parking problem is not generated from his company nor does he believe it is generated by the 7 -11. This building has been a commer- cial building for some time. His company is a consult- ing firm with a staff of three and he felt that this business did not contribute to the traffic or parking problems on Camellia. Michael E. Wilson, 4834 Camellia, stated he was against this area being zoned C -1. Dixie- Mc- Intee,- --4840 Camellia Avenue, -- stated there is a traffic problem on Lower Azusa and she is against this area being commercial. Dolores Amadori, 4829 Camellia Avenue, concurred with her neighbors and is against commercial zoning. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Froehle stated he does not feel a commercial building belongs in that area and due to the fact that the land use variance was for a termite business and neither that variance nor use exists today, he was in favor of this area remaining R -2. Councilman Atkins concurred with Councilman Froehle and given the constraints of the lot, feels there is no potential for a commercial use for this lot. Councilman Swain concurred with Councilman Atkins and Councilman Froehle and indicated she felt the property has potential as R -2. Mayor Gillanders concurred with the rest of the Council and that the original use is now gone and with it goes the permission therefore, he supports R -2. Councilman Froehle moved for the General Plan to remain medium density residential and zoning to remain R -2 which is consistent with the General Plan, seconded by Councilman Atkins and unanimously carried. Mayor Gillanders declared the public hearing open for 4823 Camellia and invited anyone wishing to address the City Council on the matter to come forward at this time. Michael E. Wilson, 4834 Camellia, stated he is against R -2 zoning. Gerald Mandler, 4823 Camellia, stated that at the last meeting there were 8 families for R -2 and only 2 against it. Tinh T. Huynh, 4824 Temple City Boulevard, his property is just behind the property. He stated he is in support of R -2. Dolores Amadori, 4829 Camellia Avenue, stated she is against R -2 and would like it to stay low density. - 16 04 I Council Minutes, February 2, 1988 - Page 10 Jay Swindler, 4852 Camellia, stated he would like to see the property stay R -1. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Atkins stated the only rationale he has heard for designating this area medium density was because there was an alley behind this property and unfortunate- ly, in his opinion, that is not reason enough, there- fore, he feels this area should remain R -1. Councilman Froehle indicated he does concur with Coun- cilman Atkins. He stated there is already a buffer zone and the line needs to be drawn somewhere. Councilman Swain concurs with both Councilman Atkins and -Councilman-Froehle: Mayor Gillanders stated that just because a property has an alleyway behind it should not be suitable grounds to build another residence. Councilman Swain moved for the General Plan to remain low density residential and the zoning to remain R -1 which is consistent with the General Plan, seconded by Councilman Froehle and unanimously carried. Councilman Atkins moved to adopt Resolution No. 88 -2762, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING GENERAL PLAN AMENDMENT 88 -1, seconded by Councilman Swain and unanimously carried. Councilman Atkins moved to approve the Negative Declara- tion and introduce for first reading by title only, Ordinance No. 88 -626, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 88 -895, seconded by Councilman Swain and unanimously carried. RECESS 9:25 P.M. RECONVENED 9:35 P.M. B. PUBLIC HEARING: APPROVAL OF TENTATIVE TRACT MAP NO 45808 AND CONDITIONAL USE PERMIT 87 -890 AT 5248 -62 SERENO DRIVE (NIKOUI AND JALALAT) - City Manager Koski provided background information stating that the applicant is requesting approval to develop ten (10) detached two -story residential condominiums on a 49,377 square foot R -2 zoned site. The site is currently improved with four single family units. The proposal calls for clearing the site and constructing ten (10) detached units to be served from a central cul -de -sac private driveway. The developer proposes four different floor plans and elevations, with unit sizes ranging from 1,939 square feet to 2,250 square feet. The project meets or exceeds all of the City's development standards including yard areas, parking requirements and open space. Councilman Swain inquired as to the number of units which could be built on this property. Mr. Bob Dawson indicated that each lot has 3600 square feet and the developer could have put 13 units on this property. Council Minutes, February 2, 1988 - Page 11 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. Tom Claborn, 5208 N. Sereno Drive, stated he was in favor of this project. Jeff Jalalat, 357 Walnut Avenue, Arcadia, stated his partner and himself were planning on building the ten condos. He feels this would be a big improvement to what is currently there. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Swain indicated she was impressed with the fact that the developer came in with a project in which he could have built 13 units but chose to build 10. The condos-are-very-attractive-and .give -the appearance of a single family area and she saw no reason to deny this project. Councilman Atkins stated the property is adequate for what the developers wish to do. The project meets all the conditions of the Conditional Use Permit. He stated he was in favor of approval. Councilman Froehle concurred with Councilman Swain and Councilman Atkins. Mayor Gillanders also concurred with Council. Councilman Atkins moved to approve the Negative Declara- tion, seconded by Councilman Swain and unanimously carried. Councilman Froehle moved to approve Tentative Tract Map No. 45808 and Conditional Use Permit 87 -890 to allow the development of a ten (10) unit residential condominium for property at 5248 -62 Sereno Drive, seconded by Councilman Swain and unanimously carried. C. PUBLIC HEARING : CODE AMENDMENT MAKING IT UNLAWFUL TO MAINTAIN "GRAFFITI" ON PRIVATE PROPERTY - City Manager Koski gave background information stating that the City has always been diligent in attempting to keep "graffiti" off of public property, as well as, private property. City crews respond quickly in remov- ing "graffiti" so as to prevent its proliferation. Usually property owners also have been cooperative in removing "graffiti" as quickly as possible. This Code Amendment would assist in assuring full cooperation in removing "graffiti" from private property. It would make it unlawful to maintain a building or structure defaced with paint, ink, carvings or any other defacing or disfiguring, commonly known as "graffiti ". 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 else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Council Minutes, February 2, 1988 - Page 12 Councilman Atkins indicated he does not agree with this code amendment. He feels the victim (property owner) ends up being the guilty party. It is his opinion that the residents of Temple City have worked very well with the City to maintain their property. Councilman Swain concurred with Councilman Atkins in the fact that the property owner becomes the victim but feels it is a necessary tool to be used in the areas which the City is having difficulty. The sooner graf- fiti is removed the less graffiti there will be. Councilman Froehle stated that graffiti is more than just a police problem, it is a community problem and concurs with Councilman Swain in that graffiti needs to be removed as soon as possible. He is in favor of this Code Amendment. Mayor Gillanders stated that one of the reasons this area is such a nice place to live is because it has not been afflicted by a variety-of the-problems that has hit other Citys in the L.A. County area. One of the reasons is because Temple City has public involvement and public input. He indicated he can see certain advantages to this type of program and would be in favor of it. Councilman Swain moved to direct City Attorney to draft an appropriate ordinance on graffiti and also to give a directive to staff to approach the subject with sensi- tivity to the property owners, seconded by Councilman Froehle and carried on a roll call vote. ROLL CALL AYES: NOES: ABSENT: 8. COMMUNICATIONS: Councilman - Froehle, Swain, Gillanders Councilman- Atkins Councilman- Dennis A. IRWINDALE CHAMBER OF COMMERCE Council received a letter from Joe DiShanni, Executive Director of the Irwindale Chamber of Commerce, request- ing a letter of support for 'fair play' regarding the relocation of the L.A. Raiders. This request is a result of substantial harassment spearheaded by L.A. City Councilman Ernani Bernardi and Assemblyman Mike Roos. City Attorney Charles Martin abstained from opinion or comment. Councilman Swain indicated that Assemblymen Roos has withdrawn his legislation because he said himself it was not possible to get 41 votes in favor, but he intends to piggyback it at the end of the session on other legisla- tion. Councilman Atkins moved to send a letter of support for the City of Irwindale in their efforts to negotiate an agreement with the Los Angeles Raiders, to Senator Russell and Assemblyman Mountjoy, seconded by Councilman Froehle and unanimously carried. Council Minutes, February 2, 1988 - Page 13 B. UNITED SAVINGS BANK - REQUEST FOR PERMISSION TO OBSERVE CHINESE NEW YEAR - The City has received correspondence from Mary Lucero, Branch Manager, United Savings Bank, requesting permis- sion to observe the Chinese New Year on Sunday, February 21, 1988 from 2 to 5 p.m. at the Temple City Branch located at 5607 N. Rosemead Blvd. The observance of the celebration will include a dragon dance and the use of fire crackers. Ms. Lucero is requesting permission for a permit to block off a portion of the parking lot just north of the branch for the dragon dance with the barri- cades provided by the City and a permit for the use of fire crackers within the blockade. Peter Say, United Savings Bank, the Chinese tradition is to lite up fire crackers which would be lit by profes- sional people. Additionally, red envelopes will be given to 500 children encouraging them to open up a Savings account. A Chinese dragon dance will be per- formed. Chief Inid, L.A. County Fire Department, stated there are quite a number of regulations this event would have to comply with. Additionally, the County Fire Department would need a site plan, an activity plan, insurance' requirements and possible additional security needs. He stated he would be more than happy to meet with Mr. Say and discuss the requirements should this activity be approved by Council. Councilman Swain moved to approve the Chinese New Year's Celebration at United Savings Bank on Sunday, February 21, 1988 subject to compliance with all regulations of the City pertaining to insurance and codes as well as the L.A. County Fire Department requirements, seconded by Councilman Froehle and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Virgil Graff, 6118 N. Primrose, wished to thank the Council for listening to the residents of Temple City during the revising of the General Plan. He stated he had been to many Council and Planning Commission meetings and it was his opinion that the Council, Planning Commission and staff always had the community as their main concern. RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the January 19, 1988 meeting,adopted amended Design for Development site map and standards and adopted Resolution No. CRA 322, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None (C.- 0 ay Council Minutes, February 2, 1988 - Page 14 11. MATTERS FROM CITY OFFICIALS: A. SOUTHERN CALIFORNIA GAS COMPANY ENERGY SURCHARGE Councilman Atkins stated that back several years ago during the energy crisis a surcharge was enacted to punish heavy gas users. During the recent cold spell gas prices became extremely high due to this legislation and those most affected were the elderly who are on fixed incomes and simply can not afford to pay large gas bills. Councilman Atkins moved that a letter be sent to state legislators requesting the legislature to remove the formula for the baseline rate and give the California Public Utilities Commission the flexibility to set the baseline rate whenever it deems necessary, seconded by Councilman Swain and unanimously carried. B. APPOINTMENT OF TRAFFIC COMMISSIONER Councilman Atkins stated that four (4) very qualified citizens were interviewed for an appointment for the vacancy on the Traffic Commission. The decision was extremely difficult and all four were outstanding peo- ple. Councilman Atkins moved to appoint Susan Huls as Traffic Commissioner, seconded by Councilman Froehle and unani- mously carried. 12. ADJOURNMENT On motion by Councilman Atkins seconded by Councilman Froehle the meeting of the City Council adjourned at 11:55 p.m. The next regular meeting will be held on Tuesday, February 16, 1988, at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City ATTEST: Chief De,uty City /clerk " 3 1 1 1