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HomeMy Public PortalAboutCity Council_Minutes_1989-05-02_Regular 19891 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 2, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on April 28, 1989, Mayor Froehle called the meeting of the City Council to order at 7:30 P.M. on Tuesday, May 2, 1989. 2 The invocation was given by Reverend Michael Flannery, First Lutheran Church, 9123 East Broadway. 3. The pledge of Allegiance to the Flag was led by Mayor Froehle. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Gillanders, Swain and Froehle Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks & Recreation Director Kobett, Temple City Times Staff Writer Estrada and Pacesetter Staff Writer Holtzclaw PROCLAMATION: "Hire a Veteran Week" May 7 -13, 1989 Representative - Mr. Manuel Almeida Mayor Froehle presented a Proclamation in recognition of "Hire a Veteran Week ", May 7 -13, 1989, to Manuel Almeida, Veterans Employment Representative, who accepted on behalf of the State of California Employment Office. CERTIFICATE OF RECOGNITION: Mayor Froehle explained Temple City has a new liaison officer. However, he wanted to take this opportunity, on behalf of the residents of Temple City, to present this Certificate of Recog- nition to Lt. Tony Torres for the assistance rendered to the City during the time he served as liaison officer. Lt. Torres is moving on to be the liaison officer in another City and Council wished him well on his new assignment. City Council Minutes, May 2, 1989 - Page 2 5. CONSENT CALENDAR: Councilman Atkins, referring to Item C, Agreement For Community Recreation Program with Temple City Unified School District, asked if the dollar amount for the pool subsidy had increased and was told by City Manager Koski that there was a slight increase in the dollar amount from the previous year. Councilman Breazeal, commenting on Item J, Approval of Final Tract Map #46070, stated he was pleased to see this final map before Council for approval. The development has been in the process for years and originally started out as a request for 24 units. He expressed his approval that the development was completed and is in accord with the surrounding neighbors' wishes. Councilman Swain moved to approve the Consent Calendar as presented, seconded by Councilman Breazeal and unanimously car- ried. A. APPROVAL OF MINUTES - Regular Meeting of April 18, 1989 - Council approved Minutes as presented. B. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 19, 1989 - REQUEST RECEIVED FROM CALIFOR- NIA ASSOCIATION OF HEALTH FACILITIES - Council approved the use of Live Oak Park on August 10, 1989 from 9:00 A.M. to 12:00 Noon, by the California Asso- ciation of Health Facilities, subject to the required Certificate of Insurance. C. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT - Council approved the agreement with the Temple City Unified School District with regard to the usage of Emperor School for the operation of the Community Recreation Program and authorized the Mayor and City Clerk to sign said agree- ment. D. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH EL MONTE ELEMENTARY SCHOOL DISTRICT - 1 1 Council approved the agreement with the El Monte Elementary School District with regard to usage of Cleminson Elemen- tary School for the operation of the Community Recreation 1 Program and authorized the Mayor and City Clerk to sign said agreement. 1 1 1 City Council Minutes, May 2, 1989 - Page 3 E. TEMPORARY BANNER PERMIT: KARE YOUTH LEAGUE CIRCUS, MAY 19TH AND 20TH - Council approved the placement of a temporary publicity banner across the intersection of Temple City Boulevard and Las Tunas from May 8 -22, 1989, to promote the Kare Circus to be held on May 19th and 20th, subject to the required Certificate of Insurance. F. COUNTY -CITY CONTRACT FOR LAW ENFORCEMENT SERVICES - Council approved the City- County Law Enforcement Agreement and adopted Resolution No. 89 -2861 A RESOLUTION OF THE CITY OF TEMPLE CITY REQUESTING ADDITIONAL LAW ENFORCEMENT SERV- ICES WITHIN THE CITY OF TEMPLE CITY FROM LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY - COUNTY ENFORCEMENT SERVICES AGREEMENT and authorized the Mayor and City Clerk to sign said Agreement. G. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: EXCHANGE OF FUNDS - Council approved the exchange of CDBG allocation for Gen- eral Funds with the City of La Habra Heights at an exchange rate of $.60 on the dollar and authorized staff to proceed with finalizing an exchange of funds agreement with the City of La Habra Heights. H. ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS - REDUCTION OF IMPROVEMENT SECURITY, TRACT #44413, 5632 MC CULLOCH AVENUE- Council approved the water system work completed as re- quired by the water system agreement, reduced the letter of credit by $21,000 and instructed the City Clerk to notify the principal and surety of the Council's action. I. APPROVAL OF PLANS & SPECIFICATIONS: PROJECT 89 -1, 1989 -90 CAPE SEAL & SLURRY SEAL PROGRAM, MAINTENANCE AREA 3 - Council approved the plans and specifications for the 1989 -90 Cape and Slurry Seal Project, authorized the City Manager to sign said plans and specifications and author- ized staff to solicit bids. J. APPROVAL OF FINAL TRACT MAP 46070, 9547 GARIBALDI - Council approved Final Tract Map #46070; accepted the sanitary sewer easement; approved and accepted work agree- ments and improvement securities as enumerated in the Los Angeles County Public Works Department's letter dated April 4, 1989, and instructed the City Clerk to endorse on the City Council Minutes, May 2, 1989 - Page 4 face of the map of Tract #46070 the certificate which embodies the approval of said map and acceptance of the dedication shown thereon. K. WITHDRAWAL OF TENTATIVE MAP #47106 AND CONDITIONAL USE PERMIT NO. 88 -963 AT 8916 -22 LONGDEN AVENUE (WANG) - Council accepted the withdrawal of Tentative Tract Map #47106 and Conditional Use Permit No. 88 -963 as requested by the applicant. L. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF APRIL 25, 1989 - Council received and filed. M. RESOLUTION NO. 89 -2858: APPOINTMENT OF PERSONNEL - Council adopted Resolution No. 89 -2858 approving the em- ployment of budgeted personnel. N. RESOLUTION NO. 89 -2859: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 89 -2859 approving claims and demands in the amount of $82,968.32. 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION DENYING A CERTIFICATE OF COMPLIANCE AND ZONE VARIANCE NO. 89 -972 AT 5323 -25 -27 WELLAND AVENUE (OWEN CONSTRUCTION)- City Manager Koski, providing background information, stated the property owner is requesting a Certificate of Compliance to legalize three existing "tax assessor par- cels" to permit construction of a new single - family resi- dence on each individual parcel. Variances are requested for two of the three proposed units. One unit would not meet the R -2 side yard requirements and one unit would not meet the minimum rear yard requirement. Initially, staff recommended denial of the complete application; however, after reviewing documentation, City Attorney Martin indi- cated the County Building Department apparently recognized the three individual parcels by issuing building permits for each. The Planning Commission denied this request. Councilman Atkins moved that the Planning Commission Min- utes and Staff Reports on this case be made part of the records of this public hearing; seconded by Councilman Breazeal and unanimously carried. 1 1 1 1 City Council Minutes, May 2, 1989 - Page 5 Councilman Breazeal noted that should Council approve the Certificate of Compliance they would also need to make front yard determinations for the parcels. Mayor Froehle declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Mike Mangana, Secretary, Owen Construction, 2035 S. Myrtle Ave., Monrovia, reiterated that the variance requested for Lot 1 lends itself to a better yard area and it is not possible to build a home on Lot 2 without a variance be- cause of the lot size and setback requirements. Rick Shroads, Civiltec Engineering, 135 E. La Porte St., #E, Arcadia, stated he is the Civil Engineer on this pro- ject. He requested Council to reconsider the Planning Commission's decision regarding the Certificate of Compli- ance. He thought this would have easily qualified for such a Certificate because they have a plot plan which shows each individual building on each individual lot approved by Los Angeles County Department of Regional Planning. They also have building permits for each structure. He re- quested Council to reconsider and grant the Certificate of Compliance. As there was no one else who wished to speak on this item, Councilman Breazeal moved to close the public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Breazeal stated that Council has five or six requests before them; Certificate of Compliance, front yard determinations and zone variances on the front and middle parcels. Regarding the Certificate of Compliance, there is substantial evidence that prior to the Subdivision Map Act three lots were created each with a minimum of 5,000 square feet. Regarding the front yard determinations, he con- curred with staff that the first and third face Welland and the middle parcel faces south and that would be the front yard. Councilman Breazeal felt the key is the zone vari- ance. Technically in the R -2 and with this total area five units could be built. He felt parcel 1 is unique in size and proposed use so the findings for a zone variance could be made. The middle parcel, because of size and shape, if not approved would be denying a use enjoyed by other simi- larly situated parcels. Parcel 2 is more difficult to grant a zone variance because it is a substandard sized lot and cannot be developed without the granting of a variance. He felt the proposed use is in harmony with the neighbor- hood. Councilman Breazeal asked Community Development Director Dawson if approved, would there be conditions of approval and was told there is a list of suggested con- ditions of approval. Councilman Breazeal stated he is in City Council Minutes, May 2, 1989 - Page 6 favor of this request because the applicant is developing to R -1 standards in an R -2 Zone, the Council and Planning Commission are considering to accept this type of request, the applicant has a 7200 square foot parcel, and just the week before the Planning Commission had, in anticipation of change in the Code, granted the same type of request to another applicant. Councilman Swain stated she has no problem approving the Certificate of Compliance. She agreed with staff regarding the front yard determinations. She did have a problem with the development itself. What is happening is the developers are attempting to build 4 - 5 bedroom, 3 bath houses on very small lots. The required lot size at present is 7200 square feet and these are 5000 square feet. She felt there is a need to maintain the setbacks to allow for air circu- lation, light, etc. Each time you add a bedroom you at- tract a larger family and this means more cars, congestion, etc. These houses are too big for the lots and she would like to see the developer return with a very scaled down development. Councilman Atkins agreed with Councilman Swain. He ex- pressed a similar problem with the development and felt these are huge overbuilt houses on undersized lots. He would favor affordable housing built in Temple City. Additionally, he felt the Planning Commission Resolution contained ten excellent reasons for denying Certification` and granting of the variances, along with the fact the project is overbuilt for the area. He too recommended the developer come back with reasonable affordable housing. He supports the Planning Commission's decision. Councilman Gillanders commented that, unfortunately, the method of building the largest house possible on any given lot has become standard in the San Gabriel Valley and this troubles him. He agreed with Councilmen Swain and Atkins. This is in effect three separate lots, three separate addresses and they each have building permits and are on the tax rolls as separate lots. He is concerned with the amount of house being built when the size of the lots is taken into consideration. They are proposing to overbuild these lots in a neighborhood already extremely dense. Mayor Froehle stated he has no problem with the Certificate of Compliance and no problem with the front yard determina- tions. He does have a problem with the zone variance requests. When talking about density you must take into consideration not only the number of units but the appear- ance of density. Two of the proposed units are very large houses being built with R -1 Zone requirements. Parking space would prove to be a problem because R-1 does not make 1 1 1 1 1 1 City Council Minutes, May 2, 1989 - Page 7 provisions to control parking. He recommended staff and the developer meet and try to work out these concerns and return with a viable development. Councilman Atkins moved to sustain the Planning Commis- sion's decision and deny a Certificate of Compliance, and Zone Variance 89 -972; seconded by Councilman Gillanders and did not carry on a roll call vote as follows: ROLL CALL: AYES: Councilmen Atkins, Gillanders NOES: Councilmen Breazeal, Swain, Froehle Councilman Swain expressed her desire to approve each request separately and moved to approve the Certificate of Compliance as requested, seconded by Councilman Breazeal and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmen Atkins, Breazeal, Gillanders, Swain and Froehle NOES: None Councilman Breazeal moved to approve the front yard deter- minations as recommended by staff, seconded by Councilman Swain and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmen Atkins, Breazeal, Gillanders, Swain and Froehle NOES: None Councilman Swain moved to deny Zone Variance 89 -972, sec- onded by Councilman Gillanders and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmen Atkins, Gillanders, Swain and Froehle NOES: Councilman Breazeal 8. COMMUNICATIONS: None City Council Minutes, May 2, 1989 - Page 8 9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Helen Romero Shaw, District Manager, Southern California Gas Company, introduced herself to Council and stated she is now the representative for Temple City as well as seven other cities. She encouraged Council to feel free to call her re- garding mutual concerns and expressed her desire to meet each of the Councilmembers as time permits. William Bretz, 8723 E. Hermosa, stated he had raised his hand during the time allowed to remove an item from the Consent Calendar for discussion but was not recognized. He requested hearing more information on Item G. City Manager Koski in reply stated that the Community Develop- ment Block Grant Program - Exchange of Funds on the Agenda is a proposed sale of entitlement funds from the City of La Habra Heights to the City of Temple City at the rate of $.60 on the dollar. This money can be used in the Redevelopment Project. They will be put in the General Fund and used to reduce the loan commitment required from the City to the Agency. RECESS TO CRA At 8:00 P.M. the City Council met as the Temple City Community Redevelopment Agency; approved the Minutes of the April 18, 1989 meeting; accepted the report of the Temple City Community Redevelopment Agency on the Assessment District within the Rosemead Boulevard Redevelopment Project Area pursuant to Health and Safety Code Section 338337 for the Fiscal Year 1989 -90 and adopted Resolution No. CRA -362 approving said report. 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: A. LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPER- TIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA - Providing background information City Manager Koski stated these assessments as authorized by the Health & Safety Code provide for special assessments which are necessary to pay the indebtedness of the Agency which were incurred to carry out the development of the Shopping Center. Council has received a copy of a report prepared by Special Counsel Parrington which includes items as Tax Increment Revenues, Rental Income, Assessment Payments, Estimated Receipts and Expenditures, etc. 1 1 1 1 1 City Council Minutes, May 2, 1989 - Page 9 Councilman Gillanders moved to receive Special Counsel's report and adopt Resolution No. 89 -2860, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA; seconded by Councilman Breazeal and carried unanimously. 11. MATTERS FROM CITY OFFICIALS: A. COMMISSION APPOINTMENTS - City Manager Koski stated Commissioners are appointed for two -year terms by the City Council. All terms expire on June 30th of alternate years. Three Planning Commission- ers', Two Parks & Recreation Commissioners' and two Traffic Commissioners' terms expire on June 30th as outlined in staff's memo of May 2, 1989. Councilman Gillanders moved to receive and file, seconded by Councilman Breazeal and unanimously carried. Councilman Breazeal referred to correspondence received from the Board of Supervisors County of Los Angeles regard- ing AB 2009 (Polanco), a measure that if passed would have a serious negative impact on the ability of cities, the County and the Los Angeles County Transportation Commission to ensure adequate, responsive and cost - effective transit services. He urged Council to write a letter expressing extreme opposition. Councilman Breazeal also expressed his appreciation for the well -done Dial -A -Ride survey. He felt the $21 per trip is out of line and suggested looking at alternative ways to provide transportation for the elderly citizens. City Manager Koski said a letter has been sent opposing AB 2009. Councilman Swain also commented on the $21 per trip charge for Dial -A -Ride and felt this is not a wise way to use money. This money cannot be used on many other things as it is designated for transportation, nonetheless, there should be other methods of providing transportation that would be used more. Councilman Atkins also commented on the Dial -A -Ride survey. This will be looked at during Budget time. Mayor Froehle commented on a request. from Michael Antonovich's office asking that a letter in support of a common sense approach to the AQMP be sent from the City to the Secretary of Environmental Affairs in Sacramento. City Council Minutes, May 2, 1989 - Page 10 Mayor Froehle also referred to a letter from Larry Monteilh, Board of Supervisors County of Los Angeles, on the seriousness of the drug problem in Los Angeles County, requesting Council to adopt a Resolution urging the Federal Government to reallocate resources to the local level with the highest drug abuse and trafficking activity and to expedite implementation of the Anti -Drug Abuse Act of 1988. Mayor Froehle stated a letter would be drafted. Councilman Swain reported on a Sanitation Meeting she attended and reported on an increase in dumping fees at the Puente Hills Land Fill. Councilman Gillanders along these same lines mentioned the substantial fuel cost involved when trucks must backtrack and go from one landfill to another looking for one open for business. Mayor Froehle read a letter from 12 year old, Richard Jackman, who contributed his allowance of $15 to help install lights for the basketball court at Live Oak Park. Donations have been received from 350 individuals totaling $8,000 and, together with Doug Wiley's $5,000, a total of $13,000 has been collected. Councilman Atkins reported on an interesting program at the East San Gabriel Valley Planning Council luncheon. The speaker was Ken Carisio a financial consultant on municipal funding dealing with Redevelopment. Councilman Atkins felt it might be to the City's advantage to meet with him. Councilman Gillanders inquired as to the status of the Low and No Property Tax suit and was told by City Manager Koski that the suit has been moved from San Bernardino County to Riverside County and there was to be a status meeting on May 5th. 12. ADJOURNMENT: On motion by Councilman Breazeal, seconded by Councilman Swain, the meeting of the City Council was adjourned at 8:20 P.M. The next regular meeting will be held Tuesday, May 16, 1989 at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue. ATTEST: Chief Deputy it er MAYOR 1 1