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HomeMy Public PortalAboutCity Council_Minutes_1994-12-20_Regular 19941 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 20, 1994 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted December 16, 1994, Mayor Budds called the meeting of the City Council to order at 7:30 p.m. on Tuesday, December 20, 1994. 2. ROLL CALL - PRESENT: Councilmember- Gillanders, Wilson, Breazeal and Budds ABSENT: Councilmember- Souder ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Financial Services Director Maldonado and Public Services Director Hart Councilmember Gillanders moved to excuse Councilmember Souder for cause, seconded by Councilmember Wilson and unanimously carried. 3. The invocation was given by Dr. Mike Friedman, First Southern Baptist Church, 4856 North Golden West Avenue, Temple City. 4. The Pledge of Allegiance to the Flag was led by Public Services Director Hart. Josette Kim, Student Representative, Temple City High School, highlighted activities of the schools within the District. Oak Avenue School placed fourth in the Knowledge Bowl at the State level. She informed the Council that the bingo activity at the high school will be smokeless starting in January. 5. CEREMONIAL MATTERS: Mary Lou Swain, San Gabriel Valley Mosquito Abatement District Trustee, presented a plaque to the City Council and invited the Council to visit the new facilities. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Diana Collier, 9972 Live Oak Avenue, stated the MetroLink is considered a government agency, but when she called Dial -A -Ride to schedule a pick -up she was told she could not be taken to the station. She requested the Council designate the MetroLink Station as an approved location. Councilmember Wilson informed Ms. Collier that staff has discussed this issue with the Dial -a -Ride staff and future requests for transportation will be granted. 7. CONSENT CALENDAR: Councilmember Gillanders requested Item 7.B. be removed from the Consent Calendar. Item 7.E. was removed by Mayor Pro Tem Breazeal. Mayor Pro Tem Breazeal moved to approve the remainder of the Consent Calendar as presented, seconded by Councilmember Gillanders and unanimously carried. City Council Minutes December 20, 1994 Page 2 A. APPROVAL OF MINUTES - Regular meeting of December 6, 1994 Approved the Minutes from the regular meeting of December 6, 1994, as submitted. C. APPROVAL OF PUBLIC SAFETY COMMISSION'S RECOMMENDATIONS REGARDING THE ADJUSTMENT OF TRAFFIC SIGNAL TIMING AT THE INTERSECTIONS ON TEMPLE CITY BOULEVARD LOCATED BETWEEN LA ROSA DRIVE AND LIVE OAK AVENUE - Approved traffic signal adjustments necessary to increase pedestrian crossing time by two seconds. D. ACCEPTANCE OF SANITARY SEWER IMPROVEMENTS FOR 5617 SANTA ANITA AVENUE (TRACT MAP NO. 51173) - Accepted sanitary sewer improvements per Los Angeles County Public Works Department's recommendation and reduced security deposit in the amount of $31,500. F. PLANNING COMMISSION ACTIONS - Meeting of December 13, 1994 - Received and filed. G. RESOLUTION NO. 94 -3386 APPROVAL OF PAYMENT OF BILLS - Adopted Resolution No. 94 -3386, allowing claims and demands in the amount of $182,334.84. B. ACCEPTANCE OF BID AND APPROVAL OF AGREEMENT FOR THE PUBLIC FACILITIES IMPROVEMENT PROJECT - Councilmember Gillanders asked if the power door at Civic Center was included in the project. Public Services Director Hart said the door was not included in the project because of the cost and explained that during the budget process the funding was reduced for this project because of the lack of funds. The Council could authorize a change order to include the door. Mayor Budds asked if problems would be created if the contract is awarded, then a change order requested. Director Hart said the price could be negotiated or even bid separately. Councilmember Gillanders moved to accept bid submitted by GT Construction for the Public Facilities Improvement Project in the amount of $23,500; approve agreement and authorize Mayor to sign, seconded by Councilmember Wilson and unanimously carried. E. APPROVAL OF ADMINISTRATIVE POLICY NO. 3.00: REIMBURSEMENT OF BUSINESS TRAVEL EXPENSES - Mayor Pro Tem Breazeal stated the federal standards are unrealistic for reimbursement. He asked how this would affect functions such as the Contract Cities banquet in Palm Springs. Financial Services Director Maldonado pointed out that the policy is only for per diem meals and does not include lodging. Travelers may receive up to $50 with receipts. Functions such as the Contract Cities banquet are not included in the $50 per diem limit. 1 1 City Council Minutes December 20, 1994 Page 3 Mayor Pro Tem Breazeal moved to approve Administrative Policy No. 3.00, Reimbursement of Business Travel Expense as revised, seconded by Councilmember Wilson and unanimously carried. 8. UNFINISHED BUSINESS: None 9. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION DENYING MODIFICATION OF CONDITIONAL USE PERMIT 90 -1033 AND ZONE VARIANCE 94 -1126 AT 5237 FARAGO AVENUE (LEE) - Community Development Director Dawson presented the background information as outlined in the staff report dated December 20, 1994. Councilmember Wilson noted the minutes from the Planning Commission meetings have been provided and are included as part of the record of this meeting. Mayor Budds declared the public hearing open and invited those wishing to speak on this matter to come forward at this time. Susanne Zitzka, 10912 Freer Street, stated she did not have a problem with the increase in height of the fence nor the enclosing of the patio. She said similar fences exist in the area. Mayor Pro Tem Breazeal asked how high the fences are and if they are located in the front yard area. Ms. Zitzka said the fences are about five feet high and are located in the front yard area. Michael Leong, 5229 Farago Avenue, acting as a translator for Mr. Lee presented photographs of lots with similar types of fences. Mr. Lee wishes to construct a wall for protection. He pointed out that the lot previously had chain link fencing around the dwelling as do other lots in the area. Because the dwelling is located a block away from an elementary school, there is a lot of foot traffic on Freer Street and the fence would provide protection. Mary Lou Swain, 5758 Agnes Avenue, asked if the CC &Rs had been reviewed to see if a wall would be acceptable. Community Development Director Dawson said the CC &R's were not reviewed, but the resolution approving the project restricts the height of a fence to three feet. Mr. Leong said a three foot high fence would not prevent someone from climbing over. Mr. Hu, 5233 Farago Avenue, stated that children ride bicycles on the sidewalk and driveways which creates a hazard when cars back out of the driveway. There being no one else wishing to speak, Mayor Pro Tem Breazeal moved close the public hearing, seconded by Councilmember Wilson and unanimously carried. City Council Minutes December 20, 1994 Page 4 Mayor Pro Tem Breazeal said a variance can only be granted if unique and unusual circumstances exist and he could not make these findings. He concurred with the Planning Commission's decision. Councilmember Wilson agreed. Councilmember Gillanders agreed and suggested forwarding the information received regarding fence height violations to the code enforcement officer. Mayor Pro Tem Breazeal moved to adopt Resolution No. 94 -3387, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING MODIFICATION OF CONDITIONAL USE PERMIT 90 -1033 AND ZONE VARIANCE 94 -1216, A REQUEST BY BRIAN LEE TO ALLOW A FENCE IN THE FRONT YARD AREA WHICH EXCEEDS THREE FEET IN HEIGHT AND A VARIANCE TO ALLOW THE ENCLOSING OF AN EXISTING PATIO RESULTING IN A FLOOR AREA RATIO WHICH EXCEEDS .50 FOR THE PROPERTY LOCATED AT 5237 FARAGO AVENUE IN THE MULTIPLE RESIDENTIAL (R -2) ZONE, seconded by Councilmember Wilson and unanimously carried. Mayor Pro Tem Breazeal stated he had a discussion with the City Attorney regarding a new law prohibiting new evidence from being submitted during an appeal hearing and if the Council wishes to appeal a decision, it must be appealed based upon an overall municipal policy issue. 10. COMMUNICATIONS: A. CORRESPONDENCE RECEIVED FROM HARRY ARONSON, PRESIDENT OF TEMPLE CITY SISTER CITY ASSOCIATION, REQUESTING PAYMENT OF THE MEMBERSHIP FEE FOR THE INTERNATIONAL SISTER CITY ASSOCIATION - City Manager Riley informed the Council that Mr. Aronson was unable to attend and requested this item be continued to January 3, 1995. Council concurred. B. CORRESPONDENCE RECEIVED FROM TURNING POINT PHYSICAL THERAPY REGARDING THE FACADE IMPROVEMENT PROGRAM - City Manager Riley said he received correspondence from C. Spencer Beeman, of Turning Point Physical Therapy, requesting reconsideration of the permit fee waiver. He provided a summary of the issue. Mayor Pro Tem Breazeal stated the City may rebate only those fees charged for the City's services. Councilmember Gillanders asked if the Council's initial action waiving permit and inspection fees committed the City in any way. City Attorney Martin said the original intent was to waive those fees not paid to another agency and this does not commit the City. Mayor Budds pointed out that whether or not the intent existed is not the only issue. The applicant took the information provided and in good faith performed the work. He asked if the rebate information was explained to the applicant. 1 1 1 1 City Council Minutes December 20, 1994 Page 5 Mayor Pro Tem Breazeal asked if other applicants received waivers on the permit and inspection fees. Director Dawson stated the other application is being handled consistent with the recent policy direction to waive fees for City services only. The information in the application may not have been explained since staff was not aware of the problem. Mayor Budds suggested freezing any future applications until staff can create a document which would clarify and modify the program. Mayor Pro Tem Breazeal did not feel a freeze was necessary since not many applications have been received. City Manager Riley stated currently no new applications are being processed. He agreed that the staff should redesign the program and present it to the Council at a future date. Council reaffirmed their earlier decision which clarified that the fee waiver referenced in the City's Facade Improvement Program includes only fees or surcharges charged by the City. 11. RECESS TO CRA: At 8:24 p.m., the City Council met as the Temple City Community Redevelopment Agency; and approved the Minutes of the regular meeting of December 6, 1994; adopted Resolution No. CRA 94 -565 allowing claims and demands in the amount of $23,729.36; Minutes of the Agency are set forth in full in the Agency's records. 12. ACTION ON REQUEST BY CRA: A. TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY'S IMPLEMENTATION PLAN - Councilmember Gillanders moved to receive and file the Temple City Community Redevelopment Agency's Implementation Plan, seconded by Mayor Pro Tem Breazeal and unanimously carried. 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE: None 14. MATTERS FROM CITY OFFICIALS: None 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA: A. COUNCILMEMBER GILLANDERS - Councilmember Gillanders announced that a group from Hawkesbury, Australia would be in town on December 22. B. COUNCILMEMBER SOUDER - None C. COUNCILMEMBER WILSON - Councilmember Wilson requested the Legislative Conference be placed on the next agenda so that Council could provide potential topics of discussion at the conference. City Council Minutes December 20, 1994 Page 6 D. MAYOR PRO TEM BREAZEAL - 1. Discussion regarding the role of the Public Safety Commission and set date for joint meeting with the Commission - Mayor Pro Tem Breazeal expressed concern that the Retired Senior Volunteer Program had not been progressing at the Commission level. He reviewed the Commission's minutes and found that much of the time is spent on traffic issues. He suggested the Commission focus on the RSVP and only review traffic issues at Council's direction. Councilmember Gillanders announced that the Public Safety Commission would be holding a special meeting on December 28, at 5 p.m. in the Community Room. Mayor Budds stated a traffic consultant is on staff to address traffic issues. E. MAYOR BUDDS - None 16. CLOSED SESSION: None 17. ADJOURNMENT: At 9:01 p.m., it was moved, seconded and unanimously carried to adjourn the meeting. The next regular meeting of the City Council will be he d on January 3, 1995 at 7:30 p.m. in the Council Chambers, 5938 Kauffman Avenue, Temple C ty. ATTEST: Mayor 1 1 1