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HomeMy Public PortalAboutCity Council_Minutes_1988-09-20_Regular 19881 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 20, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on September 16, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, September 20, 1988. 2. The invocation was given by Presiding Elder James Chapple, The Reorganized Church of Jesus Christ of Latter Day Saints, 9468 Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain Also Present: City Manager Koski, City Attorney Martin, Parks and Recreation Director Kobett, Asst. to City Manager Durham, Senior Planner Saldana, Traffic Engineer Envall, Julie Estrada of the Temple City Times and Kurt Holtzclaw of the Pacesetter. Mayor Swain on behalf of Council and staff extended condo- lences to Jack Hill on the loss of his wife Ethel who passed away on Monday, September 19, 1988. Councilman Atkins also extended Council's condolences to Planning Commissioner Don Griffiths whose Mother passed away. Proclamation: Mayor Swain proclaimed the week of October 2 - 8, 1988 as Employ The Handicapped Week and presented said proclamation to Dr. Franklin Tucker, Executive Director of Christian Fellow- ship For The Blind, who accepted on behalf of the West San Gabriel Valley Mayor's Committee for Employment of the Handi- capped. Dr. Tucker thanked Council for the Proclamation and their public statement supporting this cause. It is an attempt to change the attitude of the people regarding any type of disa- bility. City Council Minutes, September 20, 1988 - Page 2 5. CONSENT CALENDAR: Councilman Breazeal requested Item L be removed from the Consent Calendar. Councilman Froehle moved to approve the remainder of the Consent Calendar as presented, seconded by Councilman Atkins and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of September 6, 1988. Approved as written. B. RESOLUTION NO. 88 -2808: REQUEST FOR SB 821 FUNDS, SIDE- WALK CONSTRUCTION - Council authorized request for 1988 -89 SB 821 funds in the amount of $8,484.00, approved Resolution No. 88 -2808 indicating City's desire to receive the allocation and authorized the City Manager to sign claim form for the City. C. PROGRESS PAYMENT #1: ROY ALLAN SLURRY SEAL, INC. CAPE AND SLURRY SEAL PROJECT, MAINTENANCE AREA 2 (PROJECT #88 -1) - Council authorized progress payment #1 to Roy Allan Slurry Seal, Inc., in the amount of $128,700.00 for work accom- plished prior to September 1, 1988. D. CITY WIDE CURB AND GUTTER MASTER PLAN STUDY - Council accepted Dwight French & Assoc.'s proposal in the amount of $4,950 to conduct a City -wide survey of curb and gutters, directed staff to work with Consultant and Traf- fic Commission to develop a Master Plan of Curbs and Gutters and authorized appropriation of sufficient funds_ and amend the the adopted budget accordingly. E. ACCEPTANCE OF STREET TREE INSTALLATION - REDUCTION OF LETTER OF CREDIT, TRACT #43189, LOWER AZUSA ROAD & GOLDEN WEST - Council approved the work completed and approved reducing security deposit by $3,200. F. CHIP AND SLURRY SEAL OF SANTA ANITA AVENUE - Council approved Agreement between the City and the County for chip and slurry seal services, authorized billing the County for costs in the amount of $5,605.74 and authorized the Mayor and City Clerk to sign documents for the City. 1 1 City Council Minutes, September 20, 1988 - Page 3 G. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 87 -601 (2ND READING) REGULATING ACUPRESSURE ESTABLISHMENTS AND ACU- PRESSURISTS - Council waived further reading and adopted Ordinance No. 87 -601, an Ordinance regulating acupressure establishments and acupressurists and amending the Temple City Municipal Code. H. ZONING CODE AMENDMENT: ORDINANCE N0. 88 -640 (2ND READING) ACUPRESSURE - Council waived further reading and adopted Ordinance No. 88 -640, an Ordinance amending Section 9202 of the Temple City Zoning Code by requiring a Conditional Use Permit and establishing locational restrictions for Acupressure businesses. I ZONING CODE AMENDMENT: ORDINANCE NO. 88 -632 (2ND READING) MODIFICATION OF SIDE AND REAR YARD SETBACKS REQUIRED ON M -1 ZONED PROPERTIES OPPOSITE OR ABUTTING "R" ZONED PROP- ERTIES - Council waived further reading and adopted Ordinance No. 88 -632, an Ordinance amending Section 9411 of the Temple City Zoning Code by eliminating any side and rear yard setback requirements for all M -1 zoned lots. J. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 88 -639 (2ND READING) LOITERING - Council waived further reading and adopted ordinance No. 88 -639, an ordinance amending Section 4121 of the Temple City Municipal Code relative to the loitering of minors under 18 years of age in public places between the hours of 10:00 P.M. and sunrise of the following day. K FINAL MAP APPROVAL: TENTATIVE TRACT 45817, 5808 CLOVERLY STREET (FOC INDUSTRIES) - Council approved the final TT Map 45817; accepted the sanitary sewer easement as offered for dedication on said map; approved and accepted the following work agreements and improvement securities after having been examined and approved by the City Attorney -1) Agreement to construct sanitary sewers with improvement securities deposited for $24,000 and $12,000 for performance and labor and materi- als bonds, respectively and 2) Agreement for road improve- ments including trees and inspection with improvement security deposited for $8,850 for performance bond; ap- proved the CC &R's; made the findings as contained in staff's memo dated September 20, 1988, and instructed the City Clerk to endorse on the face of Tentative Tract Map City Council Minutes, September 20, 1988 - Page 4 45817 the certificate which embodies approval of said map and the acceptance of any dedications shown thereon. M. RESOLUTION NO. 88 -2810: APPOINTMENT OF BUDGETED PERSONNEL Council adopted Resolution No. 88 -2810 approving the appointment of budgeted personnel. N. RESOLUTION NO. 88 -2811: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 88 -2811 approving claims and demands in the amount of $115,747.80. L. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF SEPTEMBER 13, 1988 - Councilman Breazeal stated that on September 13, 1988, at a regularly scheduled meeting, the Planning Commission approved Zone Variance 88 -949 which allows 51 square feet of sign space rather than the 40 square feet maximum permitted at 9616 Las Tunas Drive. Councilman Breazeal said he could not find the criteria necessary to grant a variance and moved to appeal this zone variance to the Council at their next meeting on October 4, 1988; seconded by Councilman Gillanders and unanimously carried. 6. NEW BUSINESS: A. RECOMMENDATION FROM TRAFFIC COMMISSION: TRAFFIC SIGNAL - ROSEMEAD BOULEVARD AND CRA SHOPPING ENTRANCE - City Manager Koski, providing background information, stated that the Traffic Engineer at the Traffic Commission meeting of 9 -7 -88, reported on Council's request regarding vehicle merging by eastbound vehicles leaving the CRA driveway and northbound vehicles on Rosemead Blvd. Traf- fic Engineer Envall stated "Merge from Left" and "Yield" signs have been installed. Also, CalTrans placed seven 42" high traffic delineators at the site . to discourage left turns onto Rosemead Blvd. from the east side. Cal - Trans reaffirmed they will not allow a 3 -way "T "\intersec- tion at this site. Mr. Envall stated this matter has been discussed with the State Director of Highways, CalTrans, City Attorney Martin, and CRA Attorney Parrington. There is no liability placed on the City as all parties have approved of these regulations as proper for conditions. The Traffic Commission recommends the status remain the same for the reasons stated in staff's memo of September 20, 1988. Councilman Atkins again stated his feelings regarding the signal at this location. He felt the signal is a problem, serves no purpose and should be removed. 1 1 1 City Council Minutes, September 20, 1988 - Page 5 Councilman Gillanders agreed with Councilman Atkins, stating CalTrans has elected not to make any changes at this site. Councilmen Froehle and Breazeal also concurred with Coun- cilman Atkins. Traffic Engineer George Envall again explained the Traffic Commission's feelings regarding the traffic signal at this location. He felt the recently posted "Merge from Left" and "Yield" signs were positive safety measures as were the 7 42" high delineators installed by CalTrans. The lack of accident history at this site would certainly support CalTrans' position on not to make any changes at this time. City Manager Koski stated the traffic light at this loca- tion was put in at the request of the developers of the K -Mart Shopping Center and there is an agreement with them to maintain this signalized intersection. If Council wants the signal removed the Agency would have to meet with the operators of the Center and obtain their approval. Councilman Atkins moved to have staff meet with the developers of the K -Mart Shopping Center and CalTrans in an effort to get the signal on Rosemead Blvd. between Las Tunas and Broadway removed, seconded by Councilman Breazeal and unanimously carried. B. FOLLOW -UP: RECLASSIFICATION OF PART -TIME MAINTENANCE POSITION - The City Council at their meeting of September 6, 1988, requested additional information regarding the reclassifi- cation of the existing part -time maintenance position, including data on cost savings for the proposed bus shel- ter maintenance program. The City currently contracts for bus shelter maintenance at an annual cost of $11,910, which is provided by Prop. A funds. Approximately $7,200 is spent on routine cleaning and the remaining $4,710 is used for structural repair. The monthly costs for sched- uled cleaning is estimated at $600. Staff has determined the City can perform the same level of service by utiliz- ing the part -time maintenance worker. Staff recommends increasing the part -time maintenance worker's hours from 18 to 32 per week, which would include the existing week- end park maintenance activities (16 hours) proposed bus shelter maintenance (8 hours) and other ancillary mainte- nance duties such as graffiti removal, sign maintenance, weed abatement and miscellaneous facility care (8 hours). City Council Minutes, September 20, 1988 - Page 6 Councilman Gillanders moved to approve reclassification of Part -Time Maintenance Worker to Maintenance Helper, au- thorized cancellation of the Bus Shelter Service Contract with TBBM Incorporated and approved a new sub account within the Public Transportation Budget for Recurrent Personnel and authorized the transfer of $7,200 from Account 4544 to Account 4503; seconded by Councilman Breazeal and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION DENIAL OF ZONE VARIANCE 88 -946, AT 6153 LOMA AVENUE (FURMANSKI) - City Manager Koski providing background information stated that the applicant proposes to add 1,352 square feet to an existing single family residence. A portion of the im- provements would be added to the rear of the existing house but the majority of the floor area would be within a second story addition. The second story portion would follow the established three foot interior side yard setback rather than the required five foot setback. The Planning Commission, on August 23, 1988, held a public hearing on this case and denied the zone variance request based upon the findings that the property has ample room to support the additional floor area utilizing an alterna- tive design. Councilman Atkins noted that the first statement in the Appeal submitted by Mr. Furmanski was denial of the vari- ance would create a financial hardship. This is not a basis for granting a variance. Senior Planner Saldana showed a video of the site and surrounding properties. Mayor Swain declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Councilman Atkins moved to include the Minutes and materi- als from the Planning Commission as part of the record of Council's public hearing concerning this matter, seconded by Councilman Froehle and unanimously carried. 1 City Council Minutes, September 20, 1988 - Page 7 Mark Brodka, 9200 Sunset, Los Angeles, an attorney repre- senting Mr. Furmanski, addressed the findings made by the Planning Commission at their meeting of August 23, 1988. After a discussion of the findings made by the Planning Commission and his interpretation of these findings as stated in the Zoning Code and as they pertained to Mr. Furmanski's request, Attorney Brodka felt the findings to grant a variance could be made due to the size of the lot being only 40' wide, and requested Council to approve the zone variance. In answer to questioning from Councilmen Breazeal and Froehle, Attorney Brodka said the house is 26 feet wide on a 40 foot wide lot. Because of the location of driveways, there would be 13 feet between buildings on the south side of the house and 11 feet between buildings on the north side. David Furmanski, 6153 Loma, owner and applicant, thanked his neighbors for coming and supporting his request for a variance. Mr. Burlingame, 6164 Loma, stated he lives diagonally across the street from the residence in question and felt the variance should be granted because it would definitely upgrade the present residence and the area. Mr. Burlingame referred to a similar situation with a home on a 40' or at the most 50' wide lot that added on by building to the back. In going through this home, Mr. burlingame felt it was just one long hall and very undesirable. He urged Council to grant the variance. Milton Houge, 6157 Loma, said he lived just north of the Furmanski residence and would like very much to see the variance approved so the property can be improved. Donald Davis, 6203 Loma, stated his support for the vari- ance and felt the addition would upgrade the neighborhood. As there was no one else who wished to speak on this subject, Councilman Froehle moved to close the public hearing, seconded by Councilman Breazeal and unanimously carried. Councilman Gillanders felt they were talking about an extremely unusually shaped lot and because the lot is only 40 feet wide, because of the placement of the drive- ways on both sides of the house and because the neighbors were all in support of the project, he felt he could make the findings and approve the variance. City Council Minutes, September 20, 1988 - Page 8 Councilman Atkins stated he could not make the findings for a variance and did not care for the precedent it would set. A five -foot setback has been a requirement since incorporation. He supported the Planning Commission's decision to deny the request. Councilman Breazeal referred to Planning Commission's finding No. 2, which incorporates the statement...Through appropriate construction methods the applicant should be able to construct his addition in accordance with the Temple City Zoning Code consistent with previous additions approved for surrounding properties in the neighborhood. There is evidence and testimony that the proposed addition could be added without a zone variance and, therefore, he could see no justification for granting a variance. Councilman Froehle stated a variance can be granted when there are unique circumstances and he felt a 40' wide lot is unique. There are very few in town so Council will not be granting these variances to everybody. The project will not be detrimental to his neighbors as the neighbor- hood has spoken and are in favor of the variance. Coun- cilman Froehle favored granting the variance. Mayor Swain said she was not concerned with setting precedent as each case must be considered on its own merits. The issue is - is this unique? She felt a 40' wide lot is unique and Council has granted variances for this type of construction on 45' lots. These small, substandard lots were inherited from the County and there is very little they can do about them. She was in favor of granting the variance. Councilman Gillanders moved to approve Zone Variance No. 88 -946 subject to conditions of approval as listed in Resolution No. 88 -2812, seconded by Councilman Froehle and carried without objection. 8. COMMUNICATIONS None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None RECESS TO CRA: At 8:35 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the September 6, 1988 meeting and adopted Resolution No. CRA 341, 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 1 1 1 1 City Council Minutes, September 20, 1988 - Page 9 11. MATTERS FROM CITY OFFICIALS: Councilman Breazeal referred to an article in the Los Angeles Times stating a U.S. District Court Judge ordered the EPA to take stringent measures to clean up the air in the South Coast Basin. They are going to recommend some measures and Temple City's objection to the plan is very important as they are very serious about some of these measures. Councilman Froehle brought Council up to date on the SANE Program. It is in the Oak and Emperor Schools and will start in the other schools shortly. The officer has been assigned so the program is starting in the first semester. Councilman Gillanders discussed Prop. 100 the so- called driv- ers' proposition. It is the only one that addressed insurance fraud. The California Trial Lawyers Association has addressed insurance fraud by making it impossible to catch the per- petrators. They are proposing deleting a section from the State Constitution (an anti -trust section) that says insurance carriers are allowed to exchange information relative to rates, etc. Their method in dealing with insurance fraud is to repeal that so we cannot catch the criminals. Mayor Swain informed the Council that a forum to discuss such insurance issues was scheduled for the evening of October 13, 1988, and each of the Council Members would receive information on this meeting. They would also receive details on a recep- tion for Senator Newton Russell to be held prior to this meeting. City Manager Koski, referring to the Air Quality Management Plan, remarked that a lot of information is coming out from SCAG. They are trying to make public the hearing dates, etc. He then referred to a letter received by the Mayor from the City of Santa Monica that included an attachment listing what the local agencies will be required to do. It is a very revealing list. Mayor Swain noted that Council Member Christine Reed of the City of Santa Monica is a member of the SCAG committee. She is promoting the issues and gave a schedule of the workshops and public hearings. The time factor is interesting in that the workshops are scheduled for October 1st and 4th and by October 27th all the public hearings are ended and it is time to adopt. A copy of the schedule will be given to each Coun- cil Member. Also, she invited the Council Members to include their comments in the letter being sent from Temple City. Mayor Swain then discussed the attachment Mr. Koski mentioned that listed some of the local government measures and adoption deadlines, such as reducing work trips of local government employees by 10 %, reduce energy demand by 8 %, adopt ordinance City Council Minutes, September 20, 1988 - Page 10 to reduce residential solid waste, etc. These are but a few of the measures proposed for adoption by January 1, 1990. 12. ADJOURNMENT: On motion by Councilman Breazeal, seconded by Councilman Froehle, the meeting of the City Council was adjourned at 8:45 P.M. The next regular meeting will be held on October 4, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Chief Deputy City erk 1