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HomeMy Public PortalAboutCity Council_Minutes_1989-10-17_Regular 19891 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 17, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted October 13, 1989, Mayor Froehle called the meeting of the City Council to order at 7:30 P.M. on Tuesday, October 17, 1989. 2. The invocation was given by City Manager Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor Froehle. 4. ROLL CALL: Present: Councilmembers Atkins, Breazeal, Gillanders, Swain and Froehle Also Present: City Manager Koski, City Attorney Martin, Public Works Coordinator Peterson, Parks & Recreation Director Kobett, Associate Plan- ner Kates, Temple City Times Staff Writer Estrada and SGV Tribune Staff Writer Medve 5. CONSENT CALENDAR: Councilmember Gillanders moved to approve the Consent Calendar as presented, seconded by Councilmember Atkins and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of October 3, 1989 Council approved the Minutes of the regular meeting of October 3, 1989 as submitted. B. PURCHASE OF MOBILE RADIOS FOR CITY VEHICLES - Council approved the purchase and installation of three new GE Model N3A121 communication radios and amendment of the adopted budget in the amount of $2,600. C. SHARED PURCHASE OF SPEED MONITORING AWARENESS RADAR TOOL - (SMART) - Council approved the purchase of 50% of a SMART with the City of Duarte in the amount of $3,654.35 and amendment of the adopted budget in the amount of $3,654.35. City Council Minutes, October 17, 1989 - Page 2 D. PROGRESS PAYMENT #2: CAPE & SLURRY SEAL PROJECT #89 -1 - Council authorized progress payment #2 in the amount of $90,026.43 to IPS Services, Inc. for Cape & Slurry Seal Project #89 -1. E. ACCEPTANCE OF ROAD IMPROVEMENTS - EXONERATION OF BOND, PARCEL MAP NO. 19589, 5738 KAUFFMAN AVENUE - Council approved and accepted maintenance work completed, exonerated the surety bond and instructed City Clerk to notify the principal and surety of Council's action. F RENEWAL OF STUDENT AND THE LAW AGREEMENT WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT AND EL MONTE ELEMENTARY SCHOOL DISTRICT - Council approved Student and the Law agreements with Temple City Unified School District (Oak Avenue Intermediate School) and El Monte Elementary School District (Cleminson School) and authorized the Mayor and City Clerk to sign said agreements. G. PURCHASE OF MAINTENANCE DEPARTMENT REPLACEMENT VEHICLE - Council approved the purchase of replacement vehicle for the Maintenance Department, to include the trade of Unit 102 and reconditioning of the existing utility body. H. DIAL -A -RIDE CHRISTMAS HOLIDAY PROMOTION: WAIVER OF RIDER- SHIP FARE - Council approved waiving the Dial -A -Ride fare during the month of December to assist the seniors and handicapped during the holiday season. I PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF OCTOBER 10, 1989 - Council received and filed. J. RESOLUTION NO. 89 -2908: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 89 -2908 allowing claims and demands in the amount of $271,439.62. 6. UNFINISHED BUSINESS: NONE 1 1 1 1 City Council Minutes, October 17, 1989 - Page 3 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF DECISION OF PLANNING COMMISSION DENYING ZONE VARIANCE NO. 89 -1006 AT 4846 NORTH CAMELLIA AVENUE (SCHRUBAR) - Mayor Froehle called attention to a letter from the appli- cant, Richard Shrubar, requested a postponement of the public hearing until November 7, 1989. Because the subject property is currently experiencing code infractions, Mr. Shrubar felt chances of receiving a variance were not too good. After discussing this request, it was the consensus of Council not to grant a postponement but to proceed with the noticed public hearing. Providing background, City Manager Koski stated the Plan- ning Commission on September 12, 1989 denied the subject Zone Variance to allow a second story addition to a single family house with a 5 foot 8 -1/2 inch second story side yard setback instead of the required 10 foot setback and to allow reduction in the minimum driveway width from 10 feet to 9 feet 2 -1/2 inches. The applicant has appealed this decision. Staff clarified that the variance request was to allow a second story side yard setback of 5' 8 -1/2 ". Mayor Froehle requested the Planning Commission Minutes of September 12, 1989 be made a part of this testimony. It was moved by Councilmember Atkins, seconded by Council - member Breazeal and unanimously carried to include those Minutes as part of Council's public hearing. Mayor Froehle declared the public hearing open and invited anyone wishing to address Council on this matter to come forward at this time. George Barry, 4906 Camellia, called Council's attention to the fact there are three two -story additions in the neigh- borhood with walls that extend straight up to the roof. The requested various would allow Mr. Shrubar to construct an addition that would conform to the other two -story struc- tures in the area. Mr. Barry felt the ordinance was proba- bly passed to discourage people from building two -story structures. He personally did not like two stories but thought Mr. Shrubar has the right to build a second story. Mayor Froehle explained Council's concerns regarding den- sity and the appearance of density. Temple City has many narrow lots and they were concerned about the proliferation of large structures on 50' or 60' wide lots. The ordinance was adopted to control this. City Council Minutes, October 17, 1989 - Page 4 Victor Shrubar, 4846 N. Camellia, applicant, made Council aware that he totally agreed with the new Codes and felt they were good for the City. The reason he appealed this case is structural. There are three walls that go straight down to the ground. If the variance is not approved and in order for him to get the same square footage, he would have to add posts. This project is designed with the neighbors in mind. It is designed in a pyramid affect so it would not look like a two story structure. Mr. Shrubar explained to Council that he had received financing approval two years ago and was just now seeking approval for the project due to fire and vandalism which occurred at other property he owned not in Temple City. A letter sent to Council from Dixie Mclntee, 4840 Camellia Avenue, opposing this variance was entered into the testi- mony. As there was no one else who wished to address this matter, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Atkins and unanimously carried. Councilmember Breazeal sympathized with Mr. Shrubar. How- ever, he felt they should adhere to the Zoning Code. He could not make the findings necessary to grant this vari- ance. Additionally, up until this date Council has not granted a variance from the 10' second story setback. Councilmember Swain concurred with Councilmember Breazeal. The reason the ordinance was passed was to control density and the appearance of density and to protect the privacy of neighbors. Councilmember Atkins also found it difficult to make the findings for a variance. It is an attractive project but the findings do not exist. He thought the Planning Commis- sion Resolution denying this variance very clearly states the facts. Councilmember Gillanders agreed with the other Council - members. He liked the design of the house. However, he felt the granting of this request would result in Council's being inundated with similar requests for variances. He also called Council's attention to the fact that there was also a request for a variance for the driveway width. Councilmember Breazeal stated the applicant withdrew his request for a variance for the driveway. Mayor Froehle reiterated what had previously been said. He complimented Mr. Shrubar on the design of the house, but agreed the grounds for granting a variance were not there. 1 1 City Council Minutes, October 17, 1989 - Page 5 Councilmember Breazeal moved to deny Zone Variance No. 89 -1006 based on the findings contained in the Planning Commission Resolution No. 89- 1517PC and on Council's above - recorded statements; seconded by Councilmember Gillanders and unanimously carried. B PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 88 -955 AND TENTATIVE TRACT MAP #46828 AT 5803 ENCINITA AVENUE (WONG) - City Manager Koski, giving background on this item, noted that on May 23, 1989, the Planning Commission conducted a noticed hearing and adopted a resolution recommending approval of the subject project. On June 6, 1989, Council adopted an interim zoning ordinance establishing a morato- rium on residential projects exceeding a Floor Area Ratio of .50 in the R -2 Zone. The subject project exceeded this FAR and the project was redesigned and new plans submitted. The proposed project now meets all Code requirements and is consistent with the Moratorium Ordinance regarding FAR. Mayor Froehle declared the public hearing open and invited anyone wishing to address Council on this matter to come forward at this time. Rick Wallace, 5744 Rio Hondo, told Council that the had spoken with the neighbors and the consensus was they are opposed to this because traffic is heavy enough on the side streets and there is already construction going on just north of this site. Mr. Wallace commented on the increase in the number of young children in the neighborhood. He said he did not give testimony at the Planning Commission meeting because he was out of town. Joanne Olson, 6759 Oak Avenue, told Council she attended Temple City High School and at that time there were already 40 students to a room. She requested Council to consider the fact that the more condos built, the more crowded the schools will be and there will be more crime and traffic. She asked if Council was prepared to handle the con- sequences of allowing all these condos to be built. The schools are not equipped to handle this increase in popula- tion. Mayor Froehle commented that several years ago when they were going through a major General Plan update, these same statements were heard from various residents. In answer to these concerns, Council down zoned many lots to assure the residents that Temple City would be primarily a residential city. Council is very aware and responsive to these re- quests to keep Temple City a single family town. As there was no one else who wished to speak on this issue, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Swain and unanimously carried. City Council Minutes, October 17, 1989 - Page 6 Councilmember Swain stated the property is zoned R -2 and recalled that this is one of the areas discussed at great length during the General Plan update. Testimony received at that time indicated that property owners in this area strongly favored R -2 zoning. This particular project meets all the zoning requirements. She saw no reason to deny this project because it meets all the requirements of the R -2 Zone. Councilmember Atkins remarked that he is becoming more concerned about traffic in the area. The remarks previ- ously made regarding the traffic are valid. It's an accumulative effect of marching down the street with condos. Encinita is not a major street and Workman is almost at maximum use. He agreed with Councilmember Swain in that it meets the requirements and no variance is re- quired. However, he is concerned about traffic. Councilmember Gillanders discussed the development particu- larly the parking spaces. Two car houses are almost stan- dard. Encinita is very narrow and he too is concerned about traffic. Additionally, he hated to build a parking problem into an area that already has a parking problem. This is a situation where parking will be at a premium. There is space for three small parking spaces or two sub- stantial parking spaces in front of the development. Council then discussed the parking, the narrow street, the fact that the project does meet all the requirements and the possibility that the parking requirements for the R -2 Zone are not adequate. Mayor Froehle felt it was unfair to builders and homeowners for Council to make subjective decisions. They established strict conservative building requirements and their job is to see that people adhere to them. These are guidelines and you build within them. The guidelines are in place. If they are wrong then change them but not for a specific project. Councilmember Breazeal moved to approve Conditional Use Permit No. 88 -955, Tentative Tract Map No. 46828 at 5802 Encinita Avenue and Negative Declaration, seconded by Councilmember Swain and carried with Councilmember Gil - landers registering his objection. Councilmember Atkins moved to refer the matter of parking requirements back to the Planning Commission, seconded by Councilmember Breazeal and unanimously carried. 1 1 1 1 1 1 City Council Minutes, October 17, 1989 - Page 7 Councilmember Swain moved to have the Traffic Commission look at traffic in the area discussed above to see if there are some problems that can be corrected, seconded by Councilmember Breazeal and unanimously carried. C. DETERMINATION OF PUBLIC NECESSITY TO ACQUIRE PROPERTY LOCATED AT 5803 -5807 ROSEMEAD BOULEVARD AND 8917 -8923 ELM AVENUE (MC AULEY) - City Manager Koski stated this is a request from the Temple City Community Redevelopment Agency for the City to con- sider acquisition of the subject property in connection with the redevelopment of Block A. The City directed staff to pursue such an acquisition and has obtained an appraisal for the property. The City made an offer to Dr. McAuley for the amount of the appraisal. An agreement with Dr. McAuley has not been reached and negotiations are continu- ing and a settlement may be reached within a week. Council could still proceed with the authority to acquire pursuant to eminent domain proceedings in case negotiations fall through. This will not have an effect on the negotiations. Prior to commencing eminent domain proceedings, the City must adopt a Resolution of Necessity and must contain the findings and determinations as listed in staff's memo of October 13, 1989. Councilmember Breazeal requested it be noted for the record that this is to provide parking. Mayor Froehle declared the public hearing open and invited anyone wishing to address Council on this matter to come forward at this time. As there was no one who wished to speak on this matter, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Gillanders and unanimously car- ried. Councilmember Gillanders moved to adopt Resolution No. 89 -2909, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY AT 5803 - 5807 ROSEMEAD BOULEVARD AND 8917 -8923 ELM AVENUE, seconded by Councilmember Swain and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmembers Atkins, Breazeal, Gillanders, Swain and Froehle NOES: None ABSENT: None City Council Minutes, October 17, 1989 - Page 8 D. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF OCTOBER 4, 1989 PROPOSED MUNICIPAL CODE AMENDMENT: CHANGE IN APPROVAL OF OVERNIGHT PARKING PERMIT PROCEDURES - Providing background, City Manager Koski reported the Traffic Commission at its meeting of October 4, 1989, reviewed the current ordinance and proposed changes to transfer approval authority for annual overnight parking permits from the Traffic Commission to City staff. The proposed changes are indicated on the Temple City Municipal Code attached to staff's memo of October 17, 1989. These proposed changes have been reviewed and approved by the City Attorney. Councilmember Atkins remarked that this procedure would speed up applications and would be in the public's best interest. They can still file an appeal. Councilmember Gillanders moved to introduce for first reading by title only Ordinance No. 89 -657, AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF TEMPLE CITY AMENDING SEC- TIONS 3322, 3324 AND 3327 OF THE TEMPLE CITY MUNICIPAL CODE AS THEY PERTAIN TO THE APPROVAL PROCEDURES OF OVERNIGHT PARKING PERMITS, seconded by Councilmember Atkins and unanimously carried. 8. COMMUNICATIONS: NONE 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: NONE RECESS TO CRA: At 8:15 P.M. the City Council met as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of October 3, 1989; reviewed a presentation by the Developer of proposed architecture and design for Block A; approved request of an interim loan from the City to provide cash flow pending Agency receipt of Community Development Block Grant monies and Property Tax allocation; recessed to a Closed, Joint Executive Session pursuant to Government Code Section 54956.9 (B) (1) to confer with attorneys regarding pending litigation and adopted Resolution No. CRA 89 -380 allowing warrants and demands in the amount of $9,696.43. The Minutes of the Agency are set forth in full in the Agency's records. 10. ACTION ON REQUEST BY CRA: A. REQUEST FOR INTERIM LOAN FROM CITY TO AGENCY: Council is requested to approve an interim loan in the amount of $100,000 from the City to the Agency to provide cash flow pending Agency receipt of Community Development Block Grant monies and Property Tax allocation. 1 1 1 City Council Minutes, October 17, 1989 - Page 9 Councilmember Gillanders moved to approve an interim loan in the amount of $100,000 from the City to the Agency as requested, seconded by Councilmember Atkins and unanimously carried. Council elected to take Item 10. B. out of order and would address this item after the Executive Session. 11. MATTERS FROM CITY OFFICIALS: Councilmember Breazeal noticed in the Planning Commission Minutes that they denied a restaurant's request for expanded hours. Comments were made regarding accumulation of trash. He thought perhaps in the future they should look at requiring restaurants to have their own separate bin. City Manager Koski said they are putting together criteria on this to submit to the Planning Commission. Councilmember Breazeal requested staff to locate a calligrapher to update and give our Proclamations a more professional look. Councilmember Swain reported on the Chamber's Revitalization Committee meeting and the guest speaker Judy Weiss. Councilmember Atkins remarked on an article in the Star News about inspection on transfer of property. This is an eye opener and it gets into code enforcement. The City of San Marino is also looking at a similar ordinance. He requested copies be made available to Council and the Planning Commis- sion. Councilmember Gillanders reported on Alderman Geoff Michael's visit to Temple City. Mr. Michael is from Hawkesbury, Austra- lia. Mayor Froehle called Council's attention to the Kiwanis Club's support of the All City Halloween Carnival and their contribu- tion of $225 for the purchase of prizes and other Carnival needs. He requested a letter be sent to the Kiwanis Club thanking them for their contribution and support. At 8:47 P.M. Council recessed to a Closed Executive Session to confer with attorneys pursuant to Government Code Section 54956.9 (B) (1). Council reconvened at 8:53 P.M. City Council Minutes, October 17, 1989 - Page 10 10. B. DISCUSSION WITH /ABOUT ATTORNEY AND ACTION THEREON RE: BLOCK A EIR - Councilmember Gillanders moved to authorize the City Man- ager to replace its special counsel for the EIR litigation with the firm of Oliver, Stoever; Barr & Vose under the same contract which was authorized for the condemnation actions, seconded by Councilmember Breazeal and unanimously carried. 12. ADJOURNMENT: At 8:55 P.M. it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on November 7, 1989 at 7:30 P.M. in Council Chambers, 5938 North Kauffman Avenue.