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HomeMy Public PortalAboutCity Council_Minutes_1998-12-01_Regular 19981 1 1 CITY COUNCIL MINUTES DECEMBER 1, 1998 INITIATION 1. CALL TO ORDER Pursuant to the Agenda posted November 25, 1998, Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, December 1, 1998. 2. ROLL CALL PRESENT: Councilman- Breazeal, Souder, Wilson, Brook, Gillanders ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Community Services Manager Burroughs, Financial Services Director Maldonado, Public Services Director. Hart, Senior Management Assistant Flod, Planning Assistant Williams and Public Safety Coordinator Zylla 3. The invocation was given by Pastor Brandon Gebhart, First United Methodist Church, 5957 North Golden West Avenue, Temple City. 4. The Pledge of Allegiance was led by Councilman Souder. 5. CEREMONIAL MATTERS - None 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - None City Manager Riley requested the City Council consider adding to the agenda an emergency item to discuss approval of plans for street improvements and authorization to solicit construction bids. Councilman Breazeal asked what the impact would be if the item was placed on the next agenda. City Manager Riley explained the plans were received today and there is a need to maintain a schedule to coordinate with El Monte's Home Depot project. Councilman Breazeal moved to consider approval of plans for street improvements as an emergency item, seconded by Councilman Wilson and unanimously carried. • Councilman Breazeal moved to approve plans for street improvements and authorize staff to solicit construction bids, seconded by Councilman Souder and unanimously carried. 7. CONSENT CALENDAR Councilman Souder moved to approve the Consent Calendar as presented, seconded by Councilman Wilson and unanimously carried, with Councilman Breazeal abstaining on Item A. A. APPROVAL OF MINUTES - Regular meeting of November 17, 1998 Approved minutes from the regular meeting of November 17, 1998, as submitted, with Councilman Breazeal abstaining. B. PARKS AND RECREATION COMMISSION ACTIONS - Meeting of November 18, 1998 Received and filed. City Council Meeting Minutes December 1, 1998 Page 2 C. ORDINANCE NO. 98-828: (SECOND READING AND ADOPTION) AMENDING SECTION 4202 (D) OF THE CITY OF TEMPLE CITY MUNICIPAL CODE RELATIVE TO VEHICLES LICENSED UNDER STATE LAW AS ANTIQUE OR COLLECTOR ITEMS Waived further reading and adopted Ordinance No. 98 -828, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 4202(D) OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO VEHICLES LICENSED UNDER STATE LAW AS ANTIQUE, OR COLT,F,CTOR ITEMS. D. APPROVAL OF COPIER MAINTENANCE AGREEMENT WITH FKM COPIER PRODUCTS Approved the agreement for copier maintenance services with FKM Copier Products and authorized the Mayor to sign the agreement. E. PETTY CASH AND VISA CARD REPORT Received and filed. F. PERSONNEL RECOMMENDATIONS REGARDING TREE TRIMMER VACANCY Authorized recruitment to fill the vacant tree trimmer position. G. REQUEST TO UTILIZE LAW ENFORCEMENT ASSET- SEIZURE FUNDS FOR THE CITY'S COMMUNITY ORIENTED POLICING PROGRAM Approved the utilization of law enforcement asset- seizure funds to purchase a computer software program for use by the Gang Suppression Deputy; appropriated funds in the amount of $450.00; and amended the budget accordingly. H. APPROVAL OF AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES IN SUPPORT OF THE CITY'S HEATING, VENTILATION AND AIR CONDITIONING IMPROVEMENTS Approved the agreement for architectural design services with Bartlett Associates Architects and authorized the Mayor to sign the agreement. I. RESOLUTION NO. 98 -3722: APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 98 -3722, allowing claims and demands in the amount of $611,543.82. 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP NO. 25269 AND ZONE VARIANCE NO. 98 -1360 AT 6448 OAK AVENUE (HOU/LEE) City Manager Riley presented background information as outlined in the staff report dated December 1, 1998. Councilman Souder requested the Planning Commission minutes be included as part of the record. Councilman Breazeal commended staff on their thorough reporting. Mayor Gillanders declared the public hearing open and invited all those wishing to speak on this matter to come forward at this time. Engles Shen, 1111 Corporate Center Drive Monterey Park discussed the various lot sizes in the area. 1 1 1 1 1 1 City Council Meeting Minutes December 1, 1998 Page 3 Councilman Breazeal noted many of the lots were created prior to 1960 under County ordinance and few were created under the City ordinance. Mr. Shen stated there are not too many lots wider than 100 feet and lots less than 100 feet cannot be subdivided. He reported that within a 500 foot radius of the subject property, 58 out of 101 lots are nonconforming with lot width less than 60 feet or less than 7,200 square feet for a percentage of 57.4. Mr. Shen stated 19 out of 25 lots on Oak Avenue are nonconforming for a percentage of 76. John Shaw, 6453 North Livia Avenue indicated the applicant could have proposed a flag lot but did not to alleviate the fears of the neighbors. This project with two houses will not be intrusive to neighbors. There will be a 60 foot setback to the rear and more than the required setbacks to the side. In response to Councilman Souder's question on the size of the homes, Mr. Shaw responded each will be 3,100 square feet with four bedrooms each on 9,200 square foot lots as opposed to 7,200 square feet. The zoning relief for a lot of extreme size should make a variance appropriate. This lot is of extreme size and the lot split would add one additional house to the area. He discussed concerns raised at the Planning Commission meeting regarding sewer capacity, traffic and impact on schools. Mr. Shaw indicated sewer capacity is under 80 %. He stated there is a fair amount of traffic with the schools in the area and one additional home will not create substantial traffic. He reported he checked with the School District and was told that class sizes are such that one home would have no significant effect. The Planning Commission decision should be overturned. The City has granted 12 lot splits since 1989 and turned down one and most were 50 foot lots. Councilman Breazeal asked when the applicant acquired the property and noted it was acquired "as is". Mr. Shaw stated the property was acquired 14 years ago and the applicant was informed by the Planning Department that a lot split would be possible and that lot splits have been approved. The project was designed to preserve the trees on the property. In response to Councilman Souder's question regarding setbacks, Mr. Shaw explained the rear yard setback is 60 feet and the side yard setback on the first story is six feet. Jameson Lee, 3212 East Orlando Road, Pasadena stated he is the architect for the project. He stated the front yard setback is 30 feet and the second story portion is 80 feet. There will be 20 feet between the second story of the two homes. He noted two homes to the south of the project are two story and the project. In response to Mayor Pro Tem Brook's question as to whether the garage is attached, Mr. Lee answered the garage is attached to the building but separated from the main house by an interior court. Elena Lu, 5346 El Monte Avenue expressed her support for the project as she favors side by side homes as opposed to a flag lot. She indicated the project would increase the value of the property in the neighborhood and would not intrude on the neighbors as the lot is large enough to accommodate two homes. Don Waite, 6412 Oak Avenue indicated there is a maximum capacity for the number of people in a given area. As more homes are added in the area, the demand on electrical power, water and sewers will increase. There will be an impact on traffic and more cars will contribute to air pollution as well as added pressure on the postal system. He suggested installation of signals at the corner of Lemon Avenue and Oak Avenue to improve the flow of traffic. Mr. Waite stated the planning and zoning ordinances in place are reasonable and should be enforced. City Council Meeting Minutes December 1, 1998 Page 4 Shirley Tubb stated her father -in -law owns property on Oak Avenue and he feels the project will depreciate his property as the homes in the area are fairly equal in appearance and the proposed project will be out of place in the neighborhood. Margaret Waite, 6412 North Oak Avenue stated the quality of life in Temple City needs to be preserved and a lot split or flag lot will not improve the quality of life on Oak Avenue. Linda Zych, 6408 North Oak Avenue expressed concern for increased traffic as the three schools already add congestion to the area as well as the Post Office. She noted Oak Avenue is a thoroughfare to Duarte Road. She asked for a guarantee that one home will not impact sewer and water capacity. Mayor Gillanders stated a condition of approval would require a sewer inspection and if it is determined the capacity is close to 80% capacity, the applicant would be required to put in new sewer lines. Conditions for maintaining minimum water pressure are also imposed when building a home. Mr. Shaw stated his client checked with the Sanitation District and was informed the sewer capacity is well within the 80% capacity and it has been determined there is sufficient water pressure. He agreed there is substantial traffic on Oak Avenue in the morning, however, the addition of one home will not make a particular difference. He indicated there is a hardship with respect to the size of the lot and the ability to use it to its fullest potential. There being no one else wishing to speak, Councilman Breazeal moved to close the public hearing, seconded by Councilman Souder and unanimously carried. Councilman Breazeal stated the applicant's large lot is not a unique or unusual circumstance. The hardship is not imposed by the property but by the property owner. Economic hardship is not a criteria and the applicant would not be denied a use enjoyed by similarly situated properties. He expressed his concern for water pressure in the area and stated he cannot support the project. Councilman Wilson agreed. Councilman Souder stated it is a difficult issue as the property can be a flag lot if not split. He indicated it is a good project but he cannot make the findings to approve a lot split. Mayor Pro Tem Brook stated the property does not meet the standards and does not satisfy the criteria for a hardship and he cannot make the findings. Mayor Gillanders stated the issue is the lot split not how many homes can be built on the property. He indicated a fmancial loss is a hardship and a unique situation does exist as the area has predominantly 50 foot lots and a 100 foot lot is unique. The applicant is exercising his right to develop his property. Councilman Breazeal moved to adopt Resolution No. 98 -3723, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION DECISION AND DENYING TENTATIVE PARCEL MAP 25269 AND ZONE VARIANCE 98 -1360, A REQUEST TO SUBDIVIDE AN EXISTING 100 FOOT WIDE R -1 PARCEL INTO TWO 50 FOOT WIDE LOTS RATHER THAN THE 60 FOOT LOT WIDTH REQUIREMENT FOR THE PROPERTY LOCATED AT 6448 OAK AVENUE IN THE SINGLE FAMILY RESIDENTIAL (R -1) ZONE, seconded by Councilman Souder and carried on a roll call vote as follows: 1 1 1 1 1 1 City Council Meeting Minutes December 1, 1998 Page 5 AYES: Councilman - Breazeal, Souder, Wilson, Brook NOES: Councilman - Gillanders B. REQUEST FROM CALIFORNIA HIGHWAY PATROL FOR CONSIDERATION OF SECURITY DEPOSIT WAIVER FOR A TRAINING AT THE LIVE OAK PARK COMMUNITY CENTER ON DECEMBER 16, 1998 City Manager Riley presented background information as outlined in the staff report dated December 1, 1998. Councilman Breazeal moved to deny the request from the California Highway Patrol for a waiver of the required security deposit for use of a meeting room at the Live Oak Park Community Center on December 16, 1998, seconded by Councilman Wilson and unanimously carried. C. REQUEST FROM SUNRISE COMMUNITY CHURCH FOR RESERVED USE OF THE PERFORMING ARTS PAVILION AND CONSIDERATION OF FEE WAIVER FOR CHRISTMAS EVE SERVICE ON DECEMBER 24, 1998 City Manager Riley presented background information as outlined in the staff report dated December 1, 1998. Councilman Breazeal expressed his support for use of the Pavilion for a Christmas Eve service. Councilman Wilson concurred. Councilman Breazeal asked for clarification of staff costs. Community Services Manager Burroughs stated the staff fee is designated for one maintenance person to be on duty and covers the actual cost of personnel. Pastor Griem stated the service will be open to the entire community and will consist of Christmas carols and explanations of the meaning of the carols. Councilman Breazeal moved to approve the request from Sunrise Community Church for reserved use of the Performing Arts Pavilion for a Christmas Eve Service on December 24, 1998 from 6 to 10 p.m., subject to the required insurance endorsement and payment of direct staff costs; and waive the rental fee and security deposit, seconded by Councilman Souder and unanimously carried. D. LEASE OF PROPERTY AT 9167 LA ROSA DRIVE City Manager Riley presented background information as outlined in the staff report dated December 1, 1998. Councilman Breazeal moved to approve the proposal from Ktech Engineering for rental of City property located at 9167 La Rosa Drive, and authorize staff to negotiate a final lease agreement for the Mayor's signature, seconded by Councilman Souder and unanimously carried. 10. COMMUNICATIONS A. CORRESPONDENCE RECEIVED FROM STEWART LARRABEE REGARDING CONSTRUCTION OF THE LIVE OAK PARK COMMUNITY CENTER Mayor Gi hinders explained the City Council is not adjudicating Mr. Larrabee's complaint. City Council Meeting Minutes December 1, 1998 Page 6 Stewart Larrabee, Industry discussed his contact with the City with regard to his complaint that a subcontractor on the Live Oak Park Community Center Project did not pay prevailing wage. He indicated to date it has not been corrected. He stated the awarding body, the City Council, must take cognizance of wage complaints and it is the Council's responsibility to ensure correct rates are paid. He noted he was delayed in receiving the certified payroll after placing his request with City Manager Riley. He indicated penalties are accruing as the certified payroll is not correct. He asked if City Manager Riley had a corrected certified payroll. City Manager Riley stated he has access to the document. City Attorney Martin stated he asked Mr. Larrabee at the last City Council meeting to provide copies of the code sections he had referenced. City Attorney Martin stated, to date, he has not received the sections and cannot answer until he has the information. Mr. Larrabee stated he mailed a disk and cover letter. City Attorney Martin stated he did not receive it. Mayor Gillanders inquired about stop notices. City Attorney Martin stated there are none that pertain to Mr. Larrabee. City Manager Riley stated a substantial payment bond protects the City. He noted Mr. Larrabee has not made a claim to Labor Commission and the City has investigated the claim and has determined Mr. Larrabee was paid in excess. The City has not been given information as to what should have been paid. The city is protected fmancially and legally should a valid claim be filed. City Attorney Martin stated the information the City currently has indicates there has been no mispayment, underpayment or violation. Councilman Breazeal moved to terminate further discussion of the Stewart Larrabee's prevailing wage complaint with regard to the Live Oak Park Community Center Project, seconded by Councilman Wilson and unanimously carried. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 9:05 p.m., the City Council met as the Temple City Community Redevelopment Agency; approved the minutes of the regular meeting of November 17, 1998; and adopted Resolution No. CRA 98 -678, allowing claims and demands in the amount of $7,566.00. Minutes of the Agency are set forth in full in the Agency's records. RECONVENED AS CITY COUNCIL 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE - None 14. MATTERS FROM CITY OFFICIALS A. POLICY ON POSTING OF INFORMATION ON THE CITY'S WEB SITE City Manager Riley presented background information as outlined in the staff report dated December 1, 1998. 1 1 1 1 1 1 City Council Meeting Minutes December 1, 1998 Page 7 Councilman Souder asked how much staff time is devoted to inputting and updating information on the website. Senior Management Assistant Flod stated he currently spends approximately eight hours a month on the website. Councilman Breazeal suggested using volunteers to input information. Senior Management Assistant Flod stated there are security issues that need to be resolved first. He indicated he is working with the consultant in developing layers of security. Eventually volunteers could be used for part of the process. Councilman Breazeal stated staff reports should be available to the general public. Councilman Souder responded that staff reports are available to the public and may be picked up at City Hall. Daryl Thomas, 4801 Birchland Place indicated people want to know what is happening in Temple City and what the City Council is doing. Requesting paper copies is not the way of the future. He noted other cities are posting their minutes for a period of time as well as budgets. Temple City is information poor as there is no reporting in newspapers. He commented the website should also have information from the schools and the library. Senior Management Assistant Flod stated their is a referral to their websites. The City will post information for the Camellia Festival, Sister City, the Historical Society and other City sponsored activities. Mr. Thomas suggested organizations be allowed to put information onto the City's website. They would not directly alter the website. Councilman Souder moved to establish a policy regarding the City's web site which limits the posting of information to public agencies or Temple City based non - profit organizations; to the most recent meeting agendas (without staff reports) of the City Council, Community Redevelopment Agency, Financing Authority, Planning Commission and Parks and Recreation Commission; to included minutes from the last two meetings; to defer any decision on posting the Municipal Code; and to pursue using volunteers to input information, seconded by Councilman Breazeal and unanimously carried. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL - Councilman Breazeal discussed the possibility of adding to the agenda as an emergency item, consideration of a an upcoming commercial filming permit for December 7 and 8. No motion was made. B. COUNCILMAN SOUDER Councilman Souder reminded community members about the Christmas parade and tree lighting ceremony on December 2. City Council Meeting Minutes December 1, 1998 Page 8 COUNCILMAN WILSON 1. FARMERS MARKET Councilman Wilson stated that since 1992 she has collected information about farmers markets and attended many. She requested Council input on how to proceed. She indicated it should be a City project and asked if the Council supports her idea. Councilman Breazeal moved to direct staff to investigate the possibility of having a farmers market in Temple City, seconded by Councilman Souder and unanimously carried. City Manager Riley cautioned the Council that it is not practical for City staff to operate the farmers market. The concept needs to include some other entity operating the farmers market. D. MAYOR PRO TEM BROOK - None E. MAYOR GILLANDERS - None 16. LITIGATION UPDATE - None 17. CLOSED SESSION - None 18. ADJOURNMENT At 9:45 p.m., it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on Tuesday, December 15, 1998, at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. 1 'EST: 1 1 1