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HomeMy Public PortalAboutCity Council_Minutes_1989-02-07_Regular 19891 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 7, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on February 3, 1989, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, February 7, 1989. 2. The invocation was given by Presiding Elder Jim Chappel, Reor- ganized Church of Jesus Christ of Latter Day Saints, 9468 Broad- way. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain Absent: None Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recrea- tion Director Kobett, Temple City Times Staff Writer Estrada, Pacesetter Staff Writer Holtzclaw and San Gabriel Valley Tribune Staff Writer Medve. 5. CONSENT CALENDAR: Mayor Swain requested Item C be removed from the Consent Calen- dar. On motion by Councilman Gillanders and seconded by Coun- cilman Froehle, the remainder of the Consent Calendar was unanimously approved as presented. A. APPROVAL OF MINUTES - Regular Meeting of January 17, 1989. Council approved as written. B. RECOMMENDATION FROM THE PARKS & RECREATION COMMISSION REGU- LAR MEETING OF JANUARY 18, 1989 - 1) REQUEST FOR USE: FACILITIES AT LIVE OAK PARK BY TEMPLE CITY GIRL SCOUT DAY CAMP - Council approved the Girl Scouts' request for the use of the Picnic Shelter at Live Oak Park on June 26 -30 from 8:30 A.M. to 3:30 P.M. and one overnight campout on June 29th from 12:00 Noon to Noon June 30th, subject to the required Certificate of Insurance, adequate adult chapa- rones and coordination with Department activities. City Council Minutes, February 7, 1989 - Page 2 2) REQUEST FOR USE: FACILITIES AT LIVE OAK PARK BY TH SEQUOIA UNION SCHOOL DISTRICT - Council approved the request from the Sequoia Unio School District for use of Live Oak Park on May 4 -5, 1989, subject to the required Certificate of Insurance. 3) REQUEST FOR USE: FACILITIES AT LIVE OAK PARK BY THE TEMPLE CITY AMERICAN LITTLE LEAGUE - Council approved the use of the north and south baseball diamonds, a portion of the grassed areas west of the athletic field light poles and the concession stand from February 1, 1989 through July 31, 1989, as requested by the Temple City American Little League, subject to the same requirements as previous years and a valid Certifi- cate of Insurance. D. ADDITIONAL BUS BENCH SHELTERS FOR LAS TUNAS DRIVE - City Council authorized the use of Prop A funds to purchase and install eight new lighted steel bus stop shelters at various locations on Las Tunas Drive, authorized staff to obtain LACTC approval of the use of Prop A funds for the purchase and maintenance of shelters and authorized staff to solicit formal proposals from vendors for the shelters, lights and installation. E. NEW TRASH RECEPTACLES - Council authorized the staff to solicit bids for tras receptacles to be placed at all Temple City bus stops. F. CITY ENTRANCE SIGNS - City Council approved the design proposal for new City Entrance signs, approved the purchase of 22 new City En- trance signs at a cost of $1,476.00, approved the purchase of 100 multi -color City Seal decals at a cost of $1,106.00, appropriated the additional funds as necessary and amended the adopted budget accordingly. G. APPROVAL OF PLANS & SPECIFICIATIONS AND AUTHORIZATION TO SOLICIT BIDS: PROJECT 88 -4, LA ROSA MAINTENANCE FACILITY IMPROVEMENTS - Council approved the plans and specifications for Project 88 -4, La Rosa Maintenance Facility Improvements and author- ized the staff to solicit bids. H. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS: PROJECT 88 -5, MISCELLANEOUS CONCRETE REPAIR - Council approved the plans and specifications for Project 88 -5, Miscellaneous Concrete Repair for curbs, gutters and sidewalks and authorized staff to solicit bids. I. MODIFICATION OF CONTRACT AGREEMENT BETWEEN CITY AND COUN RE: VEHICLE RELATED BAIL FORFEITURES AND DISTRIBUTION FORM LAS - City Council approved the contract modifications and author- ized the Mayor to sign agreement. 1 1 City Council Minutes, February 7, 1989 - Page 3 J. REQUEST FOR BUDGET AMENDMENTS 1988 -89 FISCAL YEAR BUDGET - Council appropriated the necessary funds to Account 4112 and 2079 and amended the adopted Fiscal Year 1988 -89 Budget accordingly. K. CLAIM FOR DAMAGES: MC GOLDRICK, MICHAEL City Council reviewed, denied and referred to the JPIA, the claim against the City received from Michael Mc Goldrick. L. CODE AMENDMENT: ORDINANCE NO. 89 -644 (2nd Reading) VIDEO RENTAL AND SALES BUSINESSES - City Council waived further reading and adopted Ordinance No. 89 -644, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A MUNICIPAL CODE AMENDMENT RELATING TO THE DEFINITION OF AN ADULT BUSINESS BY AMENDING SECTION 9455 A. AND BY ADDING SECTION 9455 A. 1. AND BY ADDING NEW SEC- TION 4912. VIDEO STORES. M. ZONING CODE AMENDMENT: ORDINANCE NO. 89 -645 (2nd Reading) EXCLUDING LOTS ON HALIFAX NORTH OF DAINES AND SOUTH OF LIVE OAK FROM THE PROVISIONS OF ORDINANCE NO. 88 -629 PERTAINING TO FLAG LOT SUBDIVISIONS - Council waived further reading and adopted 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 SECTION 9119 (L) AND 9333 RELATING TO LARGE R -1 LOT SPLITS. N. FINAL MAP APPROVAL: PARCEL MAP NO. 19432, 5135 FARAGO AVENUE -(YII CHING) - City Council approved Final Parcel Map No. 19432; accepted the Sanitary Sewer easement offered for dedication on said map; approved and accepted the work agreements and improve- ment securities; made the findings as indicated on County Letter of January 19, 1989; and instructed the City Clerk to endorse the face of Parcel Map No. 19432 the certificate which embodies the approval of said map and the acceptance of the dedication shown thereon. 0. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF JANUARY 10, 1989 - Council received and filed. P. RESOLUTION N0. 89 -2841: APPOINTMENT OF PERSONNEL City Council adopted Resolution No. 89 -2841, approving the appointment of budgeted personnel. Q. RESOLUTION NO. 89 -2842: APPROVAL OF PAYMENT OF BILLS Council adopted Resolution No. 89 -2842 approving claims and demands in the amount of $480,175.50. City Council Minutes, February 7, 1989 - Page 4 C. REQUEST RECEIVED FOR THE AUTHORIZATION OF SALES BY VENDOR ALONG THE CAMELLIA PARADE ROUTE ON FEBRUARY 25, 1989 - Mayor Swain requested that staff direct the Sheriff's D partment to monitor and allow only those vendors approve by the City Council. Councilman Gillanders wished to inquire as to whether all six vendors had a valid Certificate of Insurance. Parks & Recreation Director Kobett indicated that there were a few vendors outstanding to date, however staff will ensure all vendors have a valid and approved Certificate of Insur- ance prior to February 25, 1989. Councilman Gillanders moved to approve the request received from the Chamber of Commerce for authorization of sales by six vendors along the parade route on Saturday, February 25, 1989 subject to the required Certificates of Insurance, seconded by Councilman Froehle and unanimously carried. 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISI APPROVING A "FLAG SLOT" SUBDIVISION AND DENYING A ZONE VAR ANCE AT 10519 OLIVE STREET (SMITH /OWEN DEVELOPMENT) - Presenting background information City Manager Koski stated that on January 10, 1989 the Planning Commission approved Tentative Parcel Map 20350 to allow the subdivision of an existing R -1 zoned lot into two lots, one being of a flag lot configuration. The subdivision complies with all provi- sions of the City's "Flag Lot" Ordinance. Both of the new lots would contain more than 8,000 square feet of land area, not counting the 15 foot wide pole portion of the flag lot. The applicant had also requested a Zone Variance to allow the construction of a proposed two -story dwelling with a 7 foot second story side yard setback rather than the required 10 foot setback. The Planning Commission denied this vari- ance request. On January 18, 1989, a petition from surround- ing property owners appealed the Planning Commission's action. In appealing the decision, appellants also re- quested an Environmental Impact Report. A E.I.R. however, is not warranted because the project is not anticipated to generate any significant adverse environmental impacts. Councilman Gillanders stated that the applicant was refused the variance and although the report doesn't indicate so, was able to redesign the plan within the existing regul tions. IIIMayor Swain declared the public hearing open and invite anyone wishing to address the City Council on the matter to come forward at this time. 1 City Council Minutes, February 7, 1989 - Page 5 Mike Mangana, 2035 S. Myrtle Avenue, Monrovia,(Owen Con- struction), stated that the newly adopted flag lot ordinance was created to allow the subdivision of deep lots that must be at least 70 feet wide and contain at least 15,000 square feet. There are only about 280 of these lots in the City and about half of those are already improved with multiple homes. The new ordinance requires 7200 square foot rear pad areas and its own fee -owned driveway access which eliminates parking enforcement problems. Many lots of this size are subdivided into three or more lots and they are requesting only two. Mr. Mangana stated that Owen Construction is willing to compromise and build a single story structure on the rear lot. Mayor Swain asked Mr. Mangana to clarify his statement regarding building a one story on the rear lot of this house and asked what the height of the house would be. Mr. Mangana again indicated that in the spirit of coopera- tion they were willing to build a single story on the rear lot only. In his estimation, the approximate height of the front house would be 25 feet. City Attorney Martin inquired as to whether he was amending his application to show that it is his wish to build a one story building. Mr. Mangana replied yes if that is the wishes of the Coun- cil. Councilman Atkins inquired as to the number of flag lots which Owen Construction has developed in Temple City. Mr. Mangana indicated that this was the first flag lot subdivision ever requested from the City. Rick Shroads, Civiltec Engineering, 135 E.La Port, Arcadia, indicated that he was available to answer any engineering questions and stated that this project is in compliance with the flag lot ordinance and the General Plan and Zoning Code of Temple City. Richard Gilchrist, 1054 G. East Daines Drive, has one of the deep lots which faces on Daines Drive. It is his opinion that there isn't a problem with two -story houses. Indicated he is in favor of the subdivision ordinance. Linda Seymour, 5422 N. Halifax, stated her largest complaint is why a certain portion of Halifax is allowed to be exempt from the "flag lot" ordinance and her particular area is not. Additionally, she is happier with the concession by Owen Construction to build only a single story on the rear parcel. However, she stated she is opposed to "flag lot" subdivision. City Council Minutes, February 7, 1989 - Page 6 Mary Morabito, 10511 Olive Street, lives adjacent to thi property and asked various questions of the Council fo clarification regarding setbacks, variances, driveways property value and what the R -1 zoning actually means. Ann Vanderwindt, 10525 E. Olive Street, stated she is against this project due to density, traffic and noise. She indicated that she felt the adjacent property owners also have rights. John Seymour, 5422 N. Halifax, felt that these residents are directly impacted by this project. He stated that the single story home is a better compromise, however, he is against the "flag lot" ordinance. William Mueller, 5416 Halifax, indicated there were some neighbors who were unable to attend to express their opinion and he was serving as a messenger to deliver a letter signed by Sherrie Christiansen and several other petitioners. He felt that by creating a flag lot you also create a security problem. Additionally, there is currently a noise problem and this project would be the straw that broke the camels back. Nancy Erickson, 10512 Olive, on the corner of Olive an Halifax, stated there is already a problem with traffic an noise. She also feels that if this house is built she wil not have any privacy. She is not in favor of a two - story house at that location. Mr. Mike Mangana, indicated that the concerns about the valuation of the homes can be relieved as the homes which they are building are far superior to what is currently there. City Attorney Martin indicated he had a concern which Mr. Mangana could answer. Mr. Mangana had volunteered to build a one story building on the back parcel. At the moment, it remained a voluntary commitment on Mr. Mangana's part. Mr. Martin indicated his concern about Mr. Mangana's obligation to carry out that commitment and especially concerned that if he has to sell the property to another buyer as to what he would be bound by. Mr. Martin asked if he was willing to deed restrict that property. Mr. Mangana responded yes, he would covenant the back property to a single story house. As know one else wished to speak on this matter, Councilma Gillanders moved to close the public hearing, seconded Councilman Breazeal and unanimously carried. Councilman Gillanders stated that these lots, the subdivi- sion and the two structures on it conform in all ways to the Zoning and Building Codes. They don't require any variances or any permission from the Council to build. It is his 1 1 City Council Minutes, February 7, 1989 - Page 7 opinion that Mr. Mangana has been very cooperative to build only a single story and deed restrict the property. Council- man Gillanders stated he would have to support the project. Councilman Atkins indicated that he was troubled by the increase in density, troubled by the fact that the ordinance was adopted with a Negative Declaration because it was an administrative act. The assumption was that you look at each individual project. However, each project is coming through with a Negative Declaration. The letter that Sherrie Christiansen submitted raised some very good points with regard to the environment. However, legally he doesn't feel Council can deny this project based on current requirements. Councilman Froehle stated that Council must look at the set of Ordinances that we currently have. In this case, the setback requirements are met, it meets the flag lot require- ments and there is adequate square footage. There are no grounds with which Council can deny it. Secondly, if Coun- cil feels they should reconsider their position on flag lots then he is open to that, however, at this time, he would have to support this project. Councilman Breazeal inquired of City Attorney Martin whether the Negative Declaration was still valid regarding the addition of one additional unit. City Attorney Martin indicated that he had asked Bob Dawson to be prepared to address this issue since he wrote the Negative Declaration. There seems to be a difference of opinion as to whether there will be any significant impact from increased noise or traffic. Community Development Director Dawson indicated that the written testimony submitted to the Council raised questions regarding noise. When reviewing a R -1 zoned lot that meets the minimum lot size requirements and considering the pro- posed subdivision would be consistent with other land use in the immediate area, there is no reason to suspect the noise level would be any greater coming from this particular dwelling unit than any other dwelling unit. The next issue raised was that of public services and again staff indicated there would be no impact on parking facilities or the need for other public services with the addition of one home and the creation of one additional lot that would be comparable in size to other lots in the immediate neighborhood. There is no reason to suspect there would be an adverse impact on fire protection, parking facilities or any other public facilities. Another issue was of aesthetics. The renderings show that the houses are of an attractive design, larger than most of the existing homes in the neighborhood, and are aesthetically pleasing in terms of architectural style. Another issue brought up was the question of whether the project would cause substantial adverse effects on human beings either directly or indirectly. Keeping in mind this City Council Minutes, February 7, 1989 - Page 8 is an R -1 Zone and the proposal is to create one additiona R -1 zoned lot, it was felt this was not an environmentall sensitive issue. Councilman Breazeal stated that only one additional parcel between Pal Mal and that side of Daines could possibly be developed, therefore, with the potential of one maybe two additional dwellings there would not be any additional significant adverse effects. As for the objections against two story dwellings, recently more stringent requirements were adopted. However, everyone in the City has the right to build a second story. Therefore, he stated he could not sustain the appeal. Mayor Swain stated that the City has gone through a lengthy study and revision of the General Plan and has to a great extent rolled back density. At that time many people who had the very large, deep, land - locked lots came to the Council asking for relief even though they are in a R -1 Zone. Mayor Swain stated she sees no reason to object to this project and commended Mr. Mangana for his statement that he would go to a one -story house on the rear lot and would include that as part of the deed restrictions. Councilman Gillanders moved to deny the appeal and approv the "flag lot" subdivision on the basis of Mr. Mangana' representation of a single story on the rear lot to b confirmed and to be affected by an appropriate deed re- striction and to confirm Planning Commission denial of th:: Zone Variance at 10519 Olive Street, seconded by Councilman Breazeal and unanimously carried. B. PUBLIC HEARING: A CODE AMENDMENT TO ESTABLISH A PARKING STANDARD FOR SHOPPING CENTERS WITH ORE THAN 75,000 SQUARE FEET OF TOTAL FLOOR AREA - City Manager Koski provided background information stating that on January 10, 1989 the Planning Commission adopted a Resolution recommending a Zoning Code amendment to establish a specific parking standard for shopping centers with more than 75,000 square feet of gross floor area. The standard recommended is one (1) parking space for each 250 square feet of gross floor area. This standard is consistent with the current Zoning Code requirement for general retail and office uses. While the Zoning Code establishes a more stringent standard for restaurants, markets and similar uses, it does not specify a specific standard for large size commercial shopping centers. Mayor Swain declared the public hearing open and invit anyone wishing to address the City Council on the matter come forward at this time. 1 1 City Council Minutes, February 7, 1989 - Page 9 William Bretz, 8723 E. Hermosa Drive, stated that he would like to inquire whether the staff has looked into the park- ing situation at the intersection of Rosemead and Las Tunas and the potential Block A complex area. Specifically, the overflow in theatre parking that currently parks in the C & R Clothiers parking lot. It is his opinion that if this amendment is approved and a standard of one parking space for every 250 square feet is set, they may have a parking conflict with the Edwards Theatre. Mayor Swain indicated that any shopping center with three or more separate units or more than 30,000 square feet of floor area is subject to a Conditional Use Permit which means that it would be reviewed as to its use. As no one else wished to address this issue, Councilman Atkins moved to close the public hearing, seconded by Coun- cilman Gillanders and unanimously carried. Councilman Breazeal stated he was in favor of this amend- ment. Councilman Froehle indicated there was a need for this ordinance and he was in favor. Councilman Atkins concurred with Councilman Froehle and Breazeal and added that the formula has been proven to work as has been shown with the K -Mart Center across the street. Councilman Gillanders was in favor. Councilman Gillanders moved to introduce for first reading by title only Ordinance No. 89 -646, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE TO ESTABLISH A SPECIFIC PARKING REQUIREMENT OF 1 PARKING SPACE FOR EACH 250 SQUARE FEET OF GROSS FLOOR AREA FOR COMMERCIAL SHOPPING CENTERS WITH MORE THAN 75,000 SQUARE FEET OF GROSS FLOOR AREA, seconded by Councilman Atkins and unanimously carried. C. RESOLUTION NO. 89 -2840: PARTICIPATION IN PROPOSED FORMATION OF SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT - City Manager Koski provided background information stating that on January 24, 1989, the Los Angeles County Board of Supervisors approved recommendations submitted by the Chief Administrative Officer regarding the formation of the San Gabriel Valley Mosquito Abatement District. State and County Health officials have determined that the potential for an outbreak of St. Louis Encephalitis (SLE) remains a threat to the health of residents in Los Angeles County, while portions of the county are not covered by existing Mosquito Abatement Districts. Staff concurs that formation of a district to include the San Gabriel Valley area would provide a long -term solution to the recurring health threat. City Council Minutes, February 7, 1989 - Page 10 Dave Estrada, Chief Administrative Office of the County o Los Angeles, currently the City- County liason with the 8 cities introduced Mr. Frank Hall, Department of Healt Services, Mr. Art Tilter, Department of Health Services an Bonnie Chun, Chief Administrative Office. Mr. Estrada indicated that five years ago LAFCO recommended that this agency be formed. The price as is currently envisioned is less than $3.00 per parcel per year. Mr. Frank Hall indicated they were asking for the participa- tion of Temple City in the proposed C.trict of San Gabriel Valley. Dating back to 1980, St. Encephalitis was never found in the urban areas of LoF. County, how- ever, in 1983 the first two cases of Louis Encephalitis were found in the greater metropolitan area of Los Angeles County. It was the first time it appeared and in 1984 there were 16 cases and one death. As a result of this there were some emergency suppression activities enacted. From 1984 -1988 the presence of St. Louis Encephalitis has been found in Los Angeles County and the San Gabriel Valley. There have not been any reported cases in 1987 and 1988. For every diagnosed case of St. Louis Encephalitis there are 200 undiagnosed cases. Mayor Swain asked what type of abatement is planned. Mr. Hall indicated that the service provided is an on -goin spraying program and includes weekly or even routine spra ing of the waterways, catch basins, streets, gutters an. even natural water in the City. After a survey of Temple City, it is indicated that there is 10 -20 miles of potential breeding areas. Councilman Gillanders moved to adopt Resolution No. 89 -2840, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONSENTING TO AND REQUESTING INCLUSION OF THE CITY WITHIN THE PROPOSED SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT, seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: William Bretz, 8723 E. Hermosa Drive, inquired as to whether they will be billed on their tax bills for the Mosquito Abate- ment. Mayor Swain replied it would be included on the tax bills. RECESS TO CRA: 1 1 City Council Minutes, February 7, 1989 - Page 11 At 9:07, the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the January 17, 1989 meeting and adopted Resolution No CRA 354 allowing claims and demands in the amount of $14,979.73. 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 11. MATTERS FROM CITY OFFICIALS: Councilman Breazeal moved to place on the agenda for February 21, 1989, consideration to reconsider the appeal of the Plan- ning Commission approving in part and denying in part Zone Variance 88 -957 at 4815 Hallowell Avenue, motion died due to lack of a second. Councilman Atkins expressed his opinion that the Assembly Bill regarding state mandated safety programs on motorcycles was one which he supported. Councilman Gillanders wished to express his sympathy to the family of Mr. & Mrs. Bruce Brown, of Hawkesbury, Australia, whose son -in -law was killed in a boating accident. Addition- ally, he wished to thank the staff for having Keyth Durham attend the JPIA semi - annual meeting. 12. ADJOURNMENT: At 9:25 p.m., Councilman Froehle moved to adjourn to a Closed Session to confer with attorneys regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1) seconded by Councilman Gillanders and unanimously carried. The Closed Session concluded at 9:35 P.M. The next regular meeting of the City Council will be held on Tuesday, February 21, 1989, at 7 :30 P.M. in the Council Cham- bers, 5938 North Kauffman, Temple City.