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Home My Public Portal AboutCity Council_Minutes_1988-02-16_Regular 19881 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 16, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on February 12, 1988 Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, February 16, 1988. 2. The invocation was given by Pastor Judy E. Bever, Temple City Christian Church, 9723 Garibaldi Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Gil - landers. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Froehle, Swain, Councilman- Dennis City Manager Koski, City Attorney Martin, Community Development Director Dawson, Parks & Recreation Director Kobett, Public Works Coordinator Peterson, Julie Estrada of the Temple City Times and representatives of the San Gabriel Valley Tribune and the Pacesetter. Gillanders Councilman Froehle moved to excuse Councilman Dennis with cause, seconded by Councilman Swain and unanimously carried. APPOINTMENT OF TRAFFIC COMMISSIONER City Clerk Koski administered the Oath of Office, and Susan Huls was introduced to each Councilmember. 5. CONSENT CALENDAR Councilman Atkins moved to remove Item 5.D. from the Consent Calendar. Councilman Atkins moved to approve the remainder of the Consent Calender as recommended, seconded by Council- man Swain and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of February 2, 1988. Approved as written. B. RESOLUTION NO. 88 -2763 ESTABLISHING VOTING PRECINCTS AND ELECTION OFFICERS FOR THE GENERAL MUNICIPAL ELECTION ON APRIL 12, 1988. Council adopted Resolution No. 88 -2763, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, AP- POINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 1988 CALLED BY THE RESOLUTION NO. 87 -2753 OF THE CITY COUNCIL. Council Minutes, February 16, 1988 - Page 2 C. RESOLUTION NO. 88 -2764 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 12, 1988 City Council adopted Resolution No. 88 -2764, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988, BE MADE BY THE CITY CLERK. E. ORDINANCE NO. 88 -626 (2nd Reading) ORDINANCE APPROVES ZONE CHANGE NO. 88 -895 - City Council adopted Ordinance No. 88 -626, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 88 -895. F. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF FEBRUARY 9, 1988 City - Council - received •-and • filed - - -the memo outlining action taken by the Planning Commission at their regular February 9 meeting. G. APPROVAL OF VENDORS ALONG PARADE ROUTE - 44TH ANNUAL CAMELLIA FESTIVAL Council approved nine vendors along the Parade Route subject to insurance requirements and the necessary permits. H. RESOLUTION NO. 88 -2765 - EMPLOYMENT OF BUDGETED PERSON- NEL City Council adopted Resolution No. 88 -2765 approving the appointment of budgeted personnel. I. RESOLUTION NO. 88 -2766: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 88 -2766 approving claims and demands in the amount of $415,153.75. D. RECOMMENDATION FROM THE TRAFFIC COMMISSION MEETING OF FEBRUARY 3, 1988, FREEWAY CALL BOX SYSTEM UPGRADE Councilman Atkins stated his concern with this program is that two - thirds of the City Council's in Los Angeles County are being asked to levy a tax without any voter consent of the citizens of the community, therefore, he is very much against this. Mayor Gillanders concurred with Councilman Atkins. Councilman Atkins moved to receive and file noting the objection of the Council, seconded by Councilman Swain and unanimously carried. 6. UNFINISHED BUSINESS: A. ORDINANCE NO. 88 -627 CODE AMENDMENT MAKING IT UNLAWFUL TO MAINTAIN GRAFFITI ON PRIVATE PROPERTY City Manager Koski provided background information stating that at their regular meeting of February 2, 1988, the City Council conducted a public hearing and requested that the City Attorney draft an Ordinance to make it unlawful to maintain "graffiti" on private property. Although property owners are usually very cooperative in removing "graffiti ", this Ordinance was proposed so that the City has additional means in making sure that "graffiti" is not allowed to proliferate within the community. Council Minutes, February 16, 1988 - Page 3 City Attorney Charlie Martin summarized the ordinance which would include the following provisions: 1. The person applying the "graffiti" would be vio- lating the law and be guilty of a misdemeanor. 2. The property on which it is painted, usually without consent, has two alternatives; A. An abatement proceeding under the penal or civil code after 72 hours. B. If the property owner fails to remove it after 10 days it would become an infraction and they could be cited. 3. Council could make a finding and expend public funds to cause the removal of the "graffiti ". City Attorney Martin introduced for first reading by title only Ordinance No. 88- 627,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SECTIONS 4270, 4271, 4272, 4273 AND 4274 TO THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO GRAFFITI. Councilman Froehle moved to waive further reading, seconded by Councilman Swain and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPROVAL OF TENTATIVE TRACT MAP 45965 AND CONDITIONAL USE PERMIT NO. 87 -885 AT 5825 ENCINITA AVENUE (LIN AND JANG) City Manager Koski provided background information stating that the applicant is requesting approval to develop six (6) detached two -story residential condominiums on a 22,200 square foot R -2 zoned site. The site is currently improved with four (4) residential units. The property is designated for Medium Density Residential and the subject proposal is within the density limitations established by the General Plan and Zoning. Each of the proposed dwelling units would contain three bedrooms, three bathrooms, living room, family room, dining room and kitchen. Although the floor plans are nearly identical, the two units closest to Encinita Avenue were designed to provide a street -front orientation. The project meets all of the Zoning Code criteria for condominiums. 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 Froehle moved to close the public hearing, seconded by Councilman Swain and unani- mously carried. Councilman Froehle indicated that although the ordinance regarding side yard setbacks of ten and fifteen feet is not in effect this project does comply. He stated he has no problem with this project. Councilman Atkins concurred with Councilman Froehle. Councilman Swain stated that this was the type of pro- ject the residents indicated they would like in this area therefore, she also concurs with Councilman Atkins and Councilman Froehle. Mayor Gillanders also concurred with the Council. Council Minutes, February 16, 1988 - Page 4 Councilman Froehle moved to approve the Negative Decla- ration, Tentative Tract Map 45965 and Conditional Use Permit 87 -885 to allow development of six (6) detached condominiums at 5825 Encinita Avenue, seconded by Coun- cilman Atkins and unanimously carried. B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 87 -891 AND ZONE VARIANCE 87 -894 AT 9123 -25 LAS TUNAS DRIVE (JOHN RICCI) City Manager Koski provided background information stating that the applicant is requesting a Conditional Use Permit to subdivide an existing commercial unit into four (4) smaller units and a zone variance from the minimum required three (3) parking spaces per unit. The Planning Commission denied the request at their meeting of January 12, 1988. The Commissions main concern in denying the request was the shortage of on -site parking which would result in an intensification of use of the property without providing off - street parking. Addi- tionally, -a..- letter was - •received this- evening from Mr. Ricci requesting a continuance of this public hearing to March 1st due to illness which prevents his atten- dance. 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. Councilman Swain moved to continue this public hearing to the March 1 Council meeting due to Mr. Ricci's ill- ness and inability to be present, seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: A. TEMPLE CITY SISTER CITY, INC. - Council received a letter from Marie A. Watterlond, President of the Temple City Sister City Organization requesting the City to consider providing a, bus to LAX for the delegation of 18 Temple City Citizens which will be leaving on April 16, 1988 to Hawkesbury Shire, N.S.W., Australia. Councilman Atkins indicated that similar situations have occurred in the past and taking into consideration the per capita cost for the bus, he would be in support of this endeavor. Councilman Atkins moved to approve the request for bus transportation on April 16, 1988 for the Temple City Sister City Organization to Los Angeles International Airport, seconded by Councilman Swain and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the February 2, 1988 meeting, continued to March 1 the Sign Modification for United Savings Bank and adopted Resolution No. CRA 324, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 1 1 Council Minutes, February 16, 1988 - Page 5 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. REQUEST FOR AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS INSTITUTE - ANAHEIM, MARCH 9 -11, 1988 City Manager Koski stated that three of the Planning Commissioners would like to attend the Planning Commis- sioners institute which is a very thorough program. Since two of the Commissioners are new appointees, this program would be very beneficial. Councilman Atkins moved to approve the attendance of the three Commissioners to attend the Planning Commissioner Institute in Anaheim on March 9 -11 and approve the necessary expenditures, seconded by Councilman Swain and -unanimously carried. 12. ADJOURNMENT On motion by Councilman Swain seconded by Councilman Froehle the meeting of the City Council adjourned at 7:55 p.m. The next regular meeting will be held on Tuesday, March 1, 1988, at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City ATTEST: Chief De•uty City' Clerk 114-ZY MAYOR