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HomeMy Public PortalAboutCity Council_Minutes_1989-01-17_Regular 1989CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 17, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on January 13, 1989, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, January 17, 1989. 2. The invocation was given by Father Jim Overend, St. Catholic Church, 9451 East Broadway. Luke's 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Absent: Also Present: 5. CONSENT CALENDAR: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain None City Attorney Martin, Community Develop- ment Director Dawson, Public Works Coordi- nator Peterson, Parks and Recreation Director Kobett, Temple City Times Staff Writer Estrada, Pacesetter Staff Writer Holtzclaw and San Gabriel Valley Tribune Staff Writer Medve. On motion by Councilman Breazeal, seconded by Councilman Gillanders, the Consent Calendar was unanimously approved as presented. A. APPROVAL OF MINUTES - Regular meeting of January 3, 1989. 0 Approved as written. B. PURCHASE OF PARK MAINTENANCE ELECTRIC UTILITY CART - Council approved the purchase of a new park maintenance electric utility cart from Toro Pacific Equipment at a total cost of $4,994.85, to include trade of the existing unit. City Council Minutes, January 17, 1989 - Page 2 C. IDENTIFICATION AND MITIGATION OF SEISMIC HAZARDS IN BUILDINGS Council approved the expenditure of $3,500 for a compre- hensive structural analysis of City owned property lo- cated at 5843 Temple City Boulevard and authorized Mayor to sign agreement submitted by J.R. Johnson Associates. D. CALIFORNIA PARKS & RECREATION SOCIETY CONFERENCE - MARCH 9 -12, 1989 - Council approved Commissioner Burlingame's and Parks & Recreation Director Kobett's attendance at the annual California Parks & Recreation Society Conference to be held in Sacramento, March 9 -12, 1989, and authorized the necessary funds. E. REQUEST FOR FUND RAISER ADVERTISEMENT & CAR SHOW - TEMPLE CITY HIGH SCHOOL RAMRODDER BOOSTER CLUB - Council approved the Ramrodder Booster Club's request to hold the 3rd Annual Car Show and Caravan on January 28, 1989, pursuant to previous conditions of approval. F. RESURFACING OF LAS TUNAS DRIVE - FAU PROJECT - Council approved the use of a portion of FAU funds to resurface Las Tunas Drive in 1990. G. ZONING CODE AMENDMENT: ORDINANCE 89 -643 (2nd Reading), REPEAL R -4 SECTION OF THE ZONING CODE - Council waived further reading and adopted Ordinance No. 89 -643 repealing the R -4 Section of the Zoning Code. H. FINAL MAP APPROVAL: PARCEL MAP NO. 19881, 4929 HELEO AVENUE (BRADLE) - Council approved Final Parcel Map No. 39381; made the findingsothat this project will not violate any of the provisions of the Subdivision Map Act and that the proposed subdivision, together with provisions for its design and improvement, is consistent with the General Plan; and instructed the City Clerk to endorse on the face of the map of Parcel Map No. 19881 the certificate which embodies the approval of said map. I. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF JANUARY 10, 1989 - Council received and filed the Planning Commission's actions from their regular meeting of January 10, 1989. 1 1 1 1 1 1 City Council Minutes, January 17, 1989 - Page 3 J. RESOLUTION NO. 89 -2838: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 89 -2838 approving claims and demands in the amount of $101,508.07. Councilman Froehle, referring to Item F, noted funding for this project would be received from 1991 -1993 but the resur- facing of Las Tunas would be accomplished in 1990. Would the City be spending the'funds prior to receiving them? City Manager Koski said the resurfacing of Las Tunas would be done in phases as the funds are received. 6. UNFINISHED BUSINESS: A. CODE AMENDMENT: ORDINANCE NO. 89 -644, RE: VIDEO RENTAL AND SALES BUSINESS - Presenting background information, City Manager Koski stated that on January 3, 1989 Council considered an ordinance to regulate video sales and rental businesses. In response to concerns expressed, City Attorney Martin revised the proposed ordinance. These revisions are listed in staff's memo dated January 17, 1989, together with Ordinance No. 89 -644 containing the eight regula- tions to be incorporated in the Temple City Municipal Code. Mayor Swain then read the eight regulations governing Video sales and rental stores as listed in Ordinance No. 89 -644. Councilman Gillanders moved to approve the Negative Dec- laration, seconded by Councilman Atkins and unanimously carried. Councilman Gillanders moved to waive further reading and reintroduced for first reading by title only Ordinance No. 89 -644, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A MUNICIPAL CODE AMENDMENT RELAT- ING TO THE DEFINITION OF AN ADULT BUSINESS BY AMENDING SECTION 9455 A. AND BY ADDING SECTION 9455 A. 1. AND BY ADDING NEW SECTION 4912 VIDEO STORES; seconded by Coun- cilman Froehle and unanimously carried. City Council Minutes, January 17, 1989 - Page 4 B. RESCHEDULE JOINT PUBLIC HEARING DATE WITH COMMUNITY REDE- VELOPMENT AGENCY REGARDING THE SALE OF PROPERTY AND THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT TO FEBRU- ARY 7, 1989 - City Manager Koski stated on December 6, 1988 Council adopted Resolution 88 -2826 to set a joint public hearing for January 17, 1989 to consider the sale of property and the proposed Disposition and Development Agreement with Champion Development Company. No notices were published or mailed. The hearing date has been rescheduled for February 7, 1989. Councilman Gillanders moved to reschedule the joint public hearing to February 7, 1989, to consider the sale of property and the proposed Disposition and Development Agreement with Champion Development Co. and to mail out the appropriate notices; seconded by Councilman Atkins and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION APPROVING IN PART AND DENYING IN PART ZONE VARIANCE 88 -957 AT 4815 HALLOWELL AVENUE (WANG) - City Manager Koski, providing background information, stated the applicant is requesting three variances on an R -2 zoned lot currently improved with a single family dwelling and an accessory structure. The proposed pro- ject is to add a second detached dwelling unit on the same lot. The variance requests are (1) a 13'6" wide driveway instead of the required 16' driveway, (2) a 6'6" first story side yard instead of the required 10' for existing house, and (3) a 5' first story setback instead of the required 10' for the proposed second dwelling. On December 13, 1988, the Planning Commission approved the first two variance requests and denied the request for a 5' first story setback for the proposed new dwelling. Community Development Director Dawson showed a video of the subject 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. 1 1 1 1 City Council Minutes, January 17, 1989 - Page 5 Mrs. Kaili Wang, 1129 So. Vega Street, Alhambra, owner of the property, said they were requesting three variances to allow the construction of a second unit on the property. A permit for the existing garage was issued in 1982, but the final approval was not received until 1988. There is only 80 square feet difference in the size of the garage and the front existing house. Ms. Wang said it would cost approximately $31,000 to tear the garage down and build a new one. She requested Council's approval on the basis that it was approved as a garage and, is still used as a garage. There is no change in the purpose for which it was built. As no one else wished to address this item, Councilman Breazeal moved to close the public hearing, seconded by Councilman Gillanders and unanimously carried. Councilman Froehle expressed his concern regarding flag lots. The City can't solve the present problems with flag lots and he felt there was no need to compound this by granting variances from the Zoning Code. He did not favor any of the three variances requested. Councilman Breazeal felt the applicant was requesting something that was not a hardship and stated he could not approve the variance request for a 5' first story setback for the proposed new structure. He also had reservations regarding the width of the driveway because of the safety factor. Councilman Atkins felt the Planning Commission was very charitable in granting two of the three variances re- quested. He agreed with Councilman Breazeal on the driveway width because of the safety factor. He also was concerned about the side yard setback, and felt there was no basis for a variance except for economic reasons. He could not make the findings. Councilman Gillanders agreed with the previous statements made. A driveway width of 13.6" would not allow one vehicle to get around another. He was concerned about pulling vehicles in and out and perhaps the future need for parking permits. Mayor Swain agreed with Councilman Atkins that the Plan- ning Commission was generous in granting the two vari- ances. She explained that the appeal is not just for the variance denied but the whole case is appealed. Further, she is extremely concerned about the 5' setback. Strict regulations have been set at the request of the commu- nity. Also, she stated the code regulations for at- tached and detached garages are very different. She felt the increase in property value because of the second City Council Minutes, January 17, 1989 - Page 6 unit would more than offset the cost of removing the garage. She could go along with the Planning Commission on the first two requests. Councilman Breazeal moved to deny in total Zone. Variance 88 -957 on the basis that there are no exceptional circum- stances or conditions involved and that the subject variance is not necessary for the substantial use and enjoyment of the property, seconded by Councilman Gil - landers and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmen Atkins, Breazeal, Froehle, Gillanders NOES: Mayor Swain B. PUBLIC HEARING: A CODE AMENDMENT EXCLUDING LOTS ON HALIFAX ROAD NORTH OF DAINES AND SOUTH OF LIVE OAK FROM THE PROVISIONS OF ORDINANCE NO. 88 -629 PERTAINING TO FLAG LOT SUBDIVISIONS - Providing background information, City Manager Koski stated that on November 7, 1988, staff received a peti- tion from 17 property owners on Halifax Road between Live Oak and Daines requesting the City to take appropriate action to prevent the possible subdivision of existing R -1 zoned lots on Halifax into flag lots. The Planning Commission conducted a public hearing and adopted a resolution recommending these lots on Halifax Road be excluded from the flag lot provisions of the Code. Community Development Director Dawson showed a video of the area noting that all the lots have single family homes with the exception of one tiered lot which has three. 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. Jack Owen, 5550 Halifax, a resident of 27 years, said he checked with the City and only three lots are of the size to subdivide. He would like to see this area remain as is. He has lived there many years and he and the neigh- borhood felt it better to face the issue now before builders were allowed to create flag lots. 1 1 1 1 City Council Minutes, January 17, 1989 - Page 7 Harold L. Gex, 5613 Halifax, told Council he likes the rural atmosphere and the group in attendance tonight likes the area and want to see it remain as is. As no one else wished to speak on this item, Councilman Breazeal moved to close the public hearing , seconded by Councilman Gillanders and unanimously carried. Mayor Swain also entered into testimony a letter received from Mr. Walter Hollywood, 5516 Halifax, stating his opposition to this proposed code amendment. Councilman Breazeal stated he was under the impression that 19 of these lots could be subdivided and after driving through the area felt it should be preserved. However, after hearing testimony from staff, he does not have as many reservations. There are only three parcels that can be subdivided, including one owner who does not want that option. Additionally, Councilman Breazeal expressed reservations on granting an immunity from an ordinance because he felt it would set a dangerous prece- dence and soon the planning standards would not be for the City as a whole. This is not the way to regulate a city. Looking at the possibility of only three lots being affected, he could not vote for it. Councilman Atkins felt this to be an interesting situa- tion based on the voting record of Council on flag lots. When the issue of flag lots came up, he believed they were doing the wrong thing. Additionally, he felt flag lots were getting out of hand and should be brought to a halt. It was a big mistake to go for flag lots and he opposed it then and opposes it now. Councilman Gillanders stated he would hate to see the area chopped up. He felt anyone buying in there now would promptly build two, two -story houses. He thought the City owed something to the aesthetics of the commu- nity. These people had foresight to come in before the problem arose to protect their rights as well as the rights of the neighborhood. He did not think their request was unreasonable. They are really dealing with one property in the middle of the neighborhood and if a two -story structure was built it would destroy entirely the character of the neighborhood. One owner does not have the right to impose that type of change on the neighborhood. He would support this request. City Council Minutes, January 17, 1989 - Page 8 Mayor Swain agreed with Councilman Gillanders. It is important because so few can be divided not because more can be divided. If more owners wanted to divide then there would be an argument for the neighborhood to go to flag lots. It would be an injustice to allow two or three to change the entire neighborhood. Councilman Breazeal believed in the preservation of the area but his concern was the means rather than the end. He would rather see a new zone created rather than excep- tions to the established zoning standards. Councilman Gillanders suggested approving this code amendment as requested and refer the matter back to the Planning Commission to create a new zone afterwards. Attorney Martin stated Council could create a new zone or approve as requested and in the future determine what the final zoning is. Councilman Atkins was in favor of doing away with flag lots. He said flag lots are being created all over town and questioned why this area was receiving special treat- ment. Councilman Breazeal said the original ordinance was intended to allow the owners of very large isolated lots the opportunity to develop them. Philosophically he is opposed to the large lot subdivisions but could not vote on it because he owned a large lot and there was the possibility of a conflict of interest. Councilman Gillanders moved to approve the Negative Dec- laration, seconded by Councilman Atkins and unanimously carried. Councilman Breazeal moved to inclu: estimony the Planning Commission Minutes of Decemi;r -, 1988, sec- onded by Councilman Atkins and unanimously carried. Councilman Gillanders moved to waive further reading and introduced for first reading by title only Ordinance No. 89 -645, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE TO EXCLUDE CERTAIN PROPERTIES WITH STREET FRONTAGE ON BOTH SIDES OF HALIFAX ROAD BETWEEN DAINES DRIVE AND LIVE OAK AVENUE FROM SEC- TION 9119 (L) AND 9333 RELEATING TO LARGE R -1 LOT SPLITS, and to refer back to the Planning Commission for a spe- cific zone determination; seconded by Councilman Breazeal and unanimously carried. 1 1 1 1 1 1 City Council Minutes, January 17, 1989 - Page 9 Councilman Atkins felt the Planning Commission should reconsider their position on flag lots. Outside develop- ers are coming in and taking advantage of residents here. Councilman Froehle suggested it be put on the Agenda or referred back to Planning Commission for a joint study session sometime in the future. 8. COMMUNICATIONS: A. LETTER FROM COMMUNITY DISPOSAL COMPANY RE: ANTICIPATED LANDFILL INCREASE IN JULY - Mr. Koski stated a letter has been received from Commu- nity Disposal Company informing the City that earlier this year Section 66799.46 of the California Government Code was enacted to establish annual fees on public and private landfills to fund a new state solid waste envi- ronmental program for landfills. The City's contract with Community Disposal Company provides for adjustment of rates based on changes in landfill fees. Community Disposal will postpone a rate adjustment pending the decision of the County Sanitation District regarding any adjustment in their rate as of July, 1989. Councilman Atkins said this is State mandated and applies to public and private landfills. Community Disposal uses both. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Bob Pitts, 5312 Degas, suggested Council receive some public input on increases in rates, such as proposed by Community Disposal Company, prior to their enactment. The public should have some say regarding the increase as well as serv- ice, etc. Council explained this increase is mandated by the State. Also discussed was Community Disposal Company's contract which allows for adjustment in rate to cover increased costs for dumping or fuel. Around July this item will be on the Agenda and open to the public. City Council Minutes, January 17, 1989 - Page 10 William Bretz, 8723 E. Hermosa Drive, San Gabriel, referred to an article in the Tribune regarding legislation introduced by Assembly Member Mountjoy covering CRA condemnation. Mr. Bretz asked Council if they would be drafting a letter in support or against this legislation. Mayor Swain said she has not seen a copy of the proposed legislation; however, she will be in Sacramento this week and will be speaking with Assemblyman Mountjoy and will request a copy for review. RECESS TO CRA: At 8:30 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the January 3, 1989 meeting; rescheduled joint public hearing with City Council regarding the proposed Disposition and Development Agreement for Block "A" for February 7, 1989 pursuant to Resolution CRA 347; approved agreement for Plan- ning services with Public Planning and Development Services, Inc.; and adopted Resolution No. CRA 352 allowing claims and demands in the amount of $17,183.52. RECONVENE AS CITY COUNCIL 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: Councilman Atkins referred to two measures suggested by Assemblyman Katz to solve the air pollution problem - levy a tax on trucks and plant trees along freeways. Councilman Froehle commended the maintenance crew at Live Oak Park for keeping the Park in such excellent condition. Considering the amount of use and size of the Park it is very well maintained. Mayor Swain discussed the Air Quality Management District and the continuing efforts expended to get representation on the Board from the eastern section. Mayor Swain also brought Council up -to -date on the Foothill Transit Zone and its very successful operation. There are 24 buses operating four routes, with plans for future expansion. The Transit Board approved the purchase of 100 additional vehicles during the next 18 months. 1 1 1 1 City Council Minutes, January 17, 1989 - Page 11 12. ADJOURNMENT: Councilman Breazeal said he could not attend the following scheduled study session for a six -month review of the Chamber of Commerce due to a possible conflict of interest. At 8:45 P.M., Councilman Atkins moved to adjourn to a sched- uled study session for a six -month review of the Chamber of Commerce and to excuse Councilman Breazeal from attending the study session because of a possible conflict of interest; seconded by Councilman Gillanders. Council moved to the Community Room and with a full Council in attendance except Councilman Breazeal, the study session convened at approxi- mately 9:00 P.M. and adjourned at 9:30 P.M. The next regular meeting of the City Council will be on February 7, 1989, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman, Temple City.