HomeMy Public PortalAboutCity Council_Minutes_2003-10-21_Regular 20031
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CITY COUNCIL
TEMPLE CITY, CALIFORNIA
REGULAR MEETING•MINUTES
OCTOBER 21, 2003
INITIATION
1. CALL TO ORDER
Mayor Vizcarra called the City Council Regular Meeting to order at 7:32 p.m. in the Council
Chambers located at 5938 Kauffman Avenue, Temple City.
2. ROLL CALL
PRESENT:
ABSENT:
Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
Councilmember -None
ALSO PRESENT: City Manager Cole, City Attorney Martin, Assistant City
Manager /Parks and Recreation Director Burroughs, Community
Development Director Dawson, City Clerk Flandrick, Senior
Management Assistant Flod, Finance Director Maldonado, Public
Services Director Stroud
3. PLEDGE OF ALLEGIANCE
Mayor Vizcarra led those present' in the Pledge of Allegiance to the Flag.
4. CEREMONIAL MATTERS
A. PRESENTATION BY THE HONORABLE JACK SCOTT — 21ST SENATORIAL
DISTRICT
As Mr. Scott was not yet present, Mayor Vizcarra suggested this item be taken up
later in the agenda.
B. NATIONAL IMMIGRANTS DAY PROCLAMATION
Mayor Vizcarra presented a proclamation to Mr. Nick M. loannidis of "Nick the Greek
in America" proclaiming October 28, 2003, as National Immigrants Day. Mr.
loannidis presented a video to the City Council chronicling the lives of immigrants.
5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Cathe Wilson, 10217 Randwick Drive, noted the City sponsors a Sock -O -Rama and asked
Council's consideration of support of the Unity Center, which is in great need of food. Funds
are low and the food supply is low. This organization serves all of San Gabriel Valley and
270 people in the immediate area are served every day.
6. CONSENT CALENDAR
As a member of the public wished to speak on Item 6 -K, Mayor Vizcarra removed that item
from the Consent Calendar.
Councilmember Capra moved to approve the remainder of the Consent Calendar, seconded
by Councilmember Arrighi and unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
City Council Minutes
October 21, 2003
Page 2
A. APPROVAL OF MINUTES
Approved as presented:
1) Minutes of the Special Meeting of September 30, 2003; and
2) Minutes of the Regular Meeting of October 7, 2003.
B. PLANNING COMMISSION ACTIONS — MEETING OF OCTOBER 14, 2003
Received and filed the Planning Commission actions of their Meeting of October 14,
2003.
C. PARKS AND RECREATION COMMISSION ACTIONS — MEETING OF OCTOBER
15, 2003
Received and filed the Parks and Recreation Commission actions of their Meeting of
October 15, 2003.
D. SEPTEMBER 2003 TREASURER'S REPORT, FIRST QUARTER REVENUE AND
EXPENDITURE SUMMARY REPORTS AND THE CAPITAL IMPROVEMENT
FINANCIAL REPORT
Received and filed the September 2003 City Treasurer's Report, the First Quarter
Revenue and Expenditure Summary Reports and the Capital Improvement Financial
Report.
E. FIRST QUARTER BUDGET AMENDMENTS
Approved the first quarter budget amendments and amended the adopted budget
accordingly.
F. RELEASE OF GRADING SECURITY FOR PARCEL NO. 26434 AT 6308 AND 6312
ENCINITA AVENUE
Authorized release of grading security in the amount of $18,000 for grading
improvements completed on the private property at 6308 and 6312 Encinita Avenue,
Parcel No. 26434.
G. FINAL MAP APPROVAL FOR TENTATIVE TRACT NO. 54109 AT 6148 -6158
TEMPLE CITY BOULEVARD (CALILAND ENGINEERING/ TANIHAHA)
Approved Final Tract Map 54109 at 6148 -6158 Temple City Boulevard by the
following actions:
1) made findings as enumerated in the letter from the Los Angeles County Public
Works Department;
2) approved the Final Tract Map;
3) accepted the dedications as indicated on said map;
4) approved and accepted the work agreements and improvement securities as
enumerated in the letter from the County of Los Angeles Department of Public
Works; and
5) instructed the City Clerk to endorse on the face of Tract Map No. 54109 the
certificate which embodies the approval of said Map.
H. APPROVAL OF PROPOSAL FOR ADDITIONAL SERVICES FROM TRANSTECH
ENGINEERING, INC. FOR ENGINEERING SERVICES FOR THE MUNICIPAL
PARKING LOT AT SULTANA AVENUE AND LAS TUNAS DRIVE PROJECT (P02-
17)
Approved the proposal for additional services and authorized the City Manager to
sign a change order in the amount of $9,500 from TransTech Engineering for
engineering services for the Municipal Parking Lot at Sultana Avenue and Las Tunas
Drive Project (P02 -17).
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City Council Minutes
October 21, 2003
Page 3
ACCEPTANCE OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
SOLICIT CONSTRUCTION BIDS FOR STREET IMPROVEMENT PROJECTS ON
BALDWIN AVENUE (LOWER AZUSA TO LIVE OAK, CIP P03 -10); HERMOSA
DRIVE (ROSEMEAD TO ENCINITA, CIP P03 -12); BROADWAY (EATON WASH TO
ENCINITA, CIP P03 -13); ELM (MUSCATEL TO RENO, CIP P03 -14); AND RENO
AVENUE (ELM TO LONGDEN, CIP P03 -26)
Approved the plans and specifications submitted by TransTech Engineering, Inc. for
the street improvement projects on Baldwin Avenue (Lower Azusa to Live Oak, CIP
P03 -10); Hermosa Drive (Rosemead to Encinita, CIP P03 -12); Broadway (Eaton
Wash to Encinita, CIP P0313); Elm (Muscatel to Reno, CIP P03 -14); and Reno
Avenue (Elm to Longden, CIP P03 -26); and authorized Staff to solicit construction
bids.
J. APPROVE PAYMENT TO KERMIT D. FERGUSON INCORPORATED FOR THE
STRUCTURAL ENGINEERING PORTION OF THE PLANS FOR THE COMMUNITY
ROOM (CIP P03 -18)
Approved the payment in the amount of $500 to Kermit D. Ferguson for the structural
engineering portion of the plans for the community room remodeling (CIP P03 -18).
L. ADOPTION OF RESOLUTION NO. 03 -4215 — APPROVAL OF PAYMENT OF BILLS
Adopted Resolution No. 03 -4215, a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$294,857.76 DEMAND NOS. 11237 THROUGH 11353.
K. CONSIDERATION OF A DISPOSAL RATE ADJUSTMENT REQUEST FORM
ATHENS SERVICES FOR THE DISPOSAL COMPONENT EFFECTIVE
NOVEMBER 1, 2003
The City Council was requested to approve a disposal rate adjustment request made
by Athens Services for the disposal component effective November 1, 2003.
Mary Burke, 5114 N. Sultana Avenue, protested this increase in Athens' rates. She
stated she spoke in protest relative to an increase in June and also commented on
the billing and hoped they would eventually send it in a large envelope, which they
now do.
At the request of Councilmember Arrighi, City Manager Cole presented information
from the staff report relative to the request by Athens for a rate adjustment for the
disposal component of their charges. On February 18, 2003, the City Council
approved an Amended and Restated Agreement for trash collection. As part of that
agreement, Athens is authorized to present a rate adjustment based on two different
components: the Operations Component and the Disposal Component. In June a
rate adjustment in the amount of a 3% CPI for the prior year was approved based on
an increase in the Operations Component. Athens has now presented an increase
based on the secondary component, the Disposal Component, relative to a tipping
fee increase by the Puente Hills Landfill effective November 1, 2003. Based upon
the terms of the agreement, unless the authority of the landfill operator to impose
such an increase is questioned, the City Council may not deny such a pass through.
The increase has been duly and legally imposed by the Los Angeles County
Sanitation District and staff recommended approval of the increase. The increase for
residents will amount to 33 cents per month.
Mary Burke said she knows the City has a fifteen year contract with Athens and
expected this item to go through, although she thought a representative from Athens
would be present. She knew residents would get hit again in October.
City Council Minutes
October 21, 2003
Page 4
Councilmember Arrighi stated, although increases are hard to swallow, but no other
hauler in the San Gabriel Valley would perform such a good job.
Councilmember Arrighi moved to approve the rate adjustment request from Athens
Services, seconded by Councilmember Capra and unanimously carried.
7. UNFINISHED BUSINESS
A. CONTINUED HEARING: APPEAL OF PRINCIPAL DWELLING DETERMINATION
AT 5942 -5944 BARTLETT AVENUE (COVELL)
With the aid of a power point presentation, City Manager Cole reviewed the staff
report, stating the City Council continued this hearing with respect to a Principal
Dwelling Determination at 5942 -5944 Bartlett Avenue. The hearing was continued
from October 7th so that evidence presented by the Appellant could be reviewed for
relevance, namely section 9278 of the Municipal Code. City Manager Cole explained
this staff report would only address the analysis and conclusion of staff as to the
applicability, if any, of Section 9278. The Principal Dwelling Determination was
addressed in the staff report presented at the October 7th public hearing.
The Principal Dwelling Determination was initially made by the Planning Director
pursuant to section 9275(C)(1) of the Municipal Code. This determination was
appealed to and upheld by the Planning Commission.
City Manager Cole reviewed in detail the process used to determine applicability.
Section 9278 of the Municipal Code, submitted by the Appellant, states:
"Notwithstanding the provisions of this Chapter, any residential unit, or units,
including accessory uses, located on any lot zoned R -1 or R -2, which:
a) were in existence as of August 18,1967; and
b) as of said date, conformed to all of the then Zoning Regulations of the City;
shall not be deemed non - conforming, if rendered such solely by reason of the
application of the provisions of this Chapter thereto; provided that: any alterations,
extension, expansion, reconstruction or remodeling of any such building or structure
shall be permitted only if the same complies with the regulations in effect pursuant to
said Ordinance No. 63 -112, as amended as of August 18, 1967. The provisions of
Ordinance No. 63 -112, as amended, as of August 18, 1967, shall be for the limited
purpose of this Section be deemed to be in full force and effect."
Ordinance No. 63 -112 enacted the City of Temple City's First Zoning Code. The
Appellant asserted that section 9278 applied to this case, and based upon this
alleged applicability, concluded that both residential dwellings on his parcel are legal -
conforming and therefore, may both be altered or expanded. In order to be
applicable, both Condition A and Condition B must be met. City Manager Cole
detailed his analysis of both conditions using a functional reading and a literal
reading. Even giving the most favorable reading to the Appellant, both conditions
were not met. In addition to the administrative analysis of the City Manager, the City
Attorney provided a legal analysis, both concluding that Section 9278 does not apply.
City Manager Cole recommended the City Council continue the public hearing,
receiving testimony both for and against, and uphold the Principal Dwelling
Determination made by Staff and upheld by the Planning Commission.
Mayor Vizcarra re- opened the public hearing.
Gary Covell, 5942 N. Bartlett Avenue, Appellant, stated, at the last meeting Planning
Director Dawson started to talk about granting a variance, and he would like him to
expand on that.
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City Council Minutes
October 21, 2003
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City Manager Cole stated the item before the Council is the principal dwelling
determination.
In response to Mr. Covell, City Manager Cole reiterated that section 9278 does not
apply to his property. He added that Mr. Covell has two separate single family
dwellings on an R -1 zoned parcel. When there are two single family dwellings on an
R -1 property, a dwelling determination must be made in accordance with the Code.
Mr. Covell stated 5942 is a one family dwelling. Section 9278 talks about any
residential unit and it is a residential unit.
City Manager Cole stated both units are legal non - conforming right now, but the
principal dwelling unit determination makes one unit legal conforming, so that
alterations can be made, and the other second unit is determined legal non-
conforming.
Mr. Covell asked what the legal status would be if 5942 were the only dwelling on the
property.
City Manager Cole stated, while it does not enter into the discussion, if 5942 were the
only dwelling on the property, it would comply with R -1 standards.
Mr. Covell stated section 9278 refers to any residential unit or units in existence in
1967 and conformed to all zoning regulations, and 5942 is a unit. At what point did it
become non - conforming?
City Manager Cole stated, regardless of when the parcel was annexed into the City,
the City Council took action to rezone the parcel and it became subject to the laws of
the City. Section 9278 does not apply to this property because as of 1967 that parcel ,
had 2 units on it and therefore did not comply with the then zoning regulations.
Mr. Covell stated the section talks about units, not about parcels. Section 9278
applies to any residential unit.
City Manager Cole said that was incorrect. Section 9278, section B, states, as of
said date, the parcel must conform to all of the zoning regulations of the City plus
Zoning Ordinance 63 -112 as amended in 1967.
Mayor Vizcarra cautioned Mr. Covell he was arguing with the City Manager instead of
convincing the Council to grant his request. The City Council must make a
determination on this issue.
Mr. Covell stated, looking at legalities, the parcel wording says any residential unit
and the Planning Director says it is legal non - conforming because of the back house.
He questioned when did it become non - conforming.
City Manager Cole said the conclusion of staff is that the Appellant is wrong in his
interpretation.
Mr. Covell stated he never asked for a principal dwelling unit determination — the City
did.
City Manager Cole asked if Mr. Covell did not wish to argue the principal dwelling unit
determination and Mr. Covell asked for Council to grant more time for him to seek
legal counsel.
City Council Minutes
October 21, 2003
Page 6
Hearing no other requests to speak, either for or against this issue, the public hearing
was closed.
Mayor Vizcarra said Council heard Mr. Covell ask for additional time and to come
back. There have been two hearings so far and he recommended Council vote now
on this issue.
Councilmember Capra said he could sympathize with the homeowner, but with the
presentation this evening and the determination of staff and the Planning
Commission, everything is clearly spelled out. He would uphold the decision that
5944 is the principal dwelling.
Councilmember Wong concurred.
Mayor Pro Tem Zovak agreed, reading Planning Commissioner Seibert's statements
at the Planning Commission hearing on this issue that "he concurs with Staffs
determination in that the house on the front is substandard in size, with only 556
square feet. Stated that it is an older home and it is legal non - conforming. Stated
that to enlarge that would not enhance the neighborhood, but rather change it to an
R -2 rather than an R -1 zone. Stated that the rear house is being used as a rental
and he feels the rear house is the larger residence and should be the principal
dwelling." Mayor Pro Tem Zovak concurred.
Councilmember Arrighi concurred.
Councilmember Capra moved to uphold the Principal Dwelling Determination made
by Staff and upheld by the Planning Commission that 5944 is the principal dwelling
unit, seconded by Councilmember Wong and unanimously carried.
ORDER OF AGENDA CHANGED
5. CEREMONIAL MATTERS
A. PRESENTATION BY THE HONORABLE JACK SCOTT — 21ST SENATORIAL
DISTRICT
Senator Jack Scott was welcomed by Mayor Vizcarra and the City Council and
presented an update on current legislation of interest to the City and provided a
synopsis of 2003 legislation that he proposed and has been signed into. law. He
provided information on the senate budget committee hearings and that part of the
budget dedicated to education. He spoke of workman's compensation which has
risen dramatically and addressed fourteen bills signed into law by Governor Davis
this year, including several on senior needs. He also introduced Barbara Paul, his
field representative serving Temple City.
Mayor Pro Tem Zovak said he commented likewise when Assemblywoman Liu made
a presentation before Council, that he felt the state did not go far enough to
implement workman's compensation reforms, and felt it had taken a step backward
with current legislation relative to health insurance.
B. CONTINUED PUBLIC HEARING: APPEAL OF ZONE VARIANCE 03 -1527 TO
ALLOW THE CONSTRUCTION OF A SECOND DWELLING AT THE REAR OF AN
R -2 ZONED LOT WHICH HAS AN EXISTING SINGLE FAMILY DWELLING WITH A
SUBSTANDARD SIDE YARD SETBACK OF 1.73 FEET AT 6012 GOLDEN WEST
AVENUE (LI) -
The City Council was requested to conclude the public hearing related to the appeal
of Zone Variance 03 -1527. This public hearing held on October 7th was continued by
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October 21, 2003
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the City Council to allow staff to research and respond to new evidence offered at the
public hearing by the property owner, Ms. Lily Li (Appellant).
City Manager Cole said, at the time of the hearing, Ms. Li made several arguments
as to why the requested zone variance should be approved. Of particular concern
was an allegation that a property across the street, located at 6013 -6015 Golden
West Avenue, had been allowed to construct a second dwelling without a variance.
City Manager Cole explained this staff report would deal only with this issue, as it
does not directly impact the zone variance appeal related to 6012 Golden West
Avenue that was addressed in a staff report given at the public hearing held on
October 7, 2003.
City Manager Cole stated, based on the testimony received, he researched the
building permit files of the subject dwelling units and also discussed the issue with
Community Development Department staff to solicit the process used to make the
determination with regard to 6013 -6015 Golden West Avenue. The building permit
for construction of a second dwelling unit was approved on November 1, 2001. The
property is zoned R -2, and, at the time of permit application, had one single story
dwelling unit with a three foot side yard setback. The permit requested approval to
construct a separate, second single -story dwelling unit on the same parcel.
Mayor Vizcarra left the meeting at 8;43 p.m.
During the approval process, staff applied Section 9278.1 of the Municipal Code
which states: "Notwithstanding any other provisions of this Zoning Code, any
residential unit, or units, including accessory units located on any residential (R)
zoned lot, may be altered, expanded, extended or remodeled with said alteration,
expansion, extension, or remodeling encroaching into any required side yard area, if:
a) any outside wall of the proposed addition shall encroach no farther into any
required side yard area than any existing wall and at least one wall of the
addition shall be substantially a straight line continuation of an existing wall; and
b) said encroachment, other than an encroachment by an accessory structure
having set back requirements established by Section 9344.D, 9335.D, 9353.E.,
9364.D, or 9364.E. of this Code, maintains a minimum distance of three (3) feet
from any side lot line, provided the second story of the dwelling complies with the
setback regulations, and further providing that all additions to accessory
structures under this Section shall be of a single story nature only.
No addition to a non - conforming structure shall extend into any required from yard or
required rear yard setback area."
When the plans were reviewed, it was noted that the requirements of Section A were
met as were the minimum three (3) foot setback and single story requirements of
Section B. However, staff did err by applying this section because the construction of
a new dwelling unit is an overbroad interpretation of the terms: "alteration,
expansion, extension, or remodeling." Steps have been taken to ensure this does
not occur again. While the misapplication of this section is a concern, it does not
impact the legal decision making process to be used in hearing and deciding the
appeal of this zone variance.
Mayor Vizcarra returned to the meeting at 8:46 p.m.
City Manager Cole continued, stating variances are considered on a case -by -case
basis and the misapplication of Section 9278.1 in one case does not obligate the City
to continue the same mistake from that point forward. He requested Council consider
the request for variance on its own merits, as supplemented by testimony during the
public hearing. The City Clerk's Office received a communication late this afternoon
City Council Minutes
October 21, 2003
Page 8
from residents requesting Council deny the variance, a copy of which was provided to
Council and the applicant. City Manager Cole recommended the City Council
continue the public hearing, hear testimony for and against and adopt a resolution
upholding the Planning Commission's action.
Mayor Vizcarra re- opened the public hearing.
Lily Li, 5516 Welland Avenue, appellant, provided Council copies of a letter in
support of the request from the previous property owner of 6012 Golden West
Avenue, Jamie Juarez, and read the letter aloud. In referring to the findings
necessary for a variance, Ms. Li stated the property is exceptional; the construction
allowed at 6013 -6015 Golden West Avenue led the previous owner and current
owner of 6012 Golden West Avenue to assume a second dwelling in the back would
be allowed. Before she purchased the property, she went to the Planning
Department and was told she could build a second unit on her property. There was
no mention of a variance until she submitted plans and after escrow had closed.
Based on the confirmation from the Planning Department, she bought the property,
paying $2,000 more. Also, the granting of the variance would not adversely affect
the General Plan.
In response to Council questions, Ms. Li stated she did not submit plans when she
first inquired of information from the Planning Department, just the physical address,
but the previous owner had added a bath to the back of the house for which they got
a final permit at the end of February of 2003 and she closed escrow on March 8,
2003.
Ji Han, fellow realtor of Ms. Li at Long and Dragon Realty, spoke in favor of the
request, stating it is appropriate to grant a variance as this is a text book case. The
problem with the existing housing has been there for years. The house already there
has been remodeled and now Ms. Li has to move the house several feet over or
chop off a portion of the house to even allow an addition. He asked Council to
consider the merit of the request and said Ms. Li would cooperate with the City
regarding the plans for the second house. He asked Council to thoroughly consider
the application and grant the variance to build the second house.
In response to Council, Mr. Han stated he was aware the property was R -2 when he
represented the property to Ms. Li and did not know there was any problem with the
setback. A surveyor was needed to determine the setback. A title search was done
on the property, but he was unsure if the encroachment was enumerated in the title
search.
Ms. Li further responded to Council questions, stating she did not know the setback
was 1.73 feet until she hired a surveyor to measure the property. She assumed
because the previous owner said a second structure was built across the street, that
she would be able to add a second structure on her property.
Dave Stodden, 5516 Welland Avenue, said Ms. Li's process was reasonable and she
also hired a professional architect who appeared before the Planning Commission.
She could not apply for a permit until she owned the property. The one extenuating
circumstance was realizing that the front house was not in compliance with the code,
but that is what a variance is all about. The house and setback have been there for
eighty years. There seems to be some hope that the City will get everybody to tear
down non - conforming properties. The Planning Commission made a qualitative
statement that the proposed structure was too big and two stories versus one story,
and in response, the plan was scaled back and re- submitted. There has been an
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October 21, 2003
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attempt on our part to compromise with the City and he asked Council to take that
into consideration.
City Manager Cole read into the record a letter, referred to earlier, that was hand
delivered to the City late this afternoon. The letter was from Chun -Yung Lee and
Chun -Wei Li at 6011 -6017 Agnes Avenue, in opposition of the request for variance
for the following reasons: the 1.73 feet setback is too close to their property in the
back; they do not feel comfortable with a two -story house infringing their privacy; and
they did not understand the reason for infringing on the mandated distance the City
has set up.
Hearing no other requests to speak, either for or against this item, the public hearing
was closed.
Mayor Pro Tem Zovak said he could understand the applicant's concerns;
unfortunately current zoning does not allow the outcome they wish. It seems all
items should be taken into consideration in the process of buying a home and the
buyer and real estate agent provide this information. Certain findings must be made
to grant a variance and he heard no support of findings, so he would uphold the
Planning Commission decision to deny the project. He suggested several options
available to the property owner. Mayor Pro Tem Zovak stated he realized people
make mistakes, but he was concerned in this instance as it makes it much more
difficult to make a decision on this item and more difficult to consider future testimony
and information from the applicant and staff. He cautioned that this does not
continue and that staff apply all standards in a manner equal and fair to everyone.
In response to Mayor Pro Tem Zovak, City Attorney Martin stated he felt the situation
had gone too far to revoke the building permit and require a tear down of the
construction across the street.
Councilmember Arrighi concurred that he was unable to make the findings to grant
the variance and would uphold the Planning Commission's decision.
Councilmember Wong concurred with Mayor Pro Tem Zovak and Councilmember
Arrighi, but suggested the applicant consult her architect to consider the options
Mayor Pro Tem Zovak suggested.
Councilmember Capra concurred with the previous Councilmembers' statements.
Mayor Vizcarra said he felt this was an unfortunate situation, but the applicant has
recourses beyond what was mentioned. It sounds like the facts should have been
checked out a lot closer.
Mayor Pro Tem Zovak moved to adopt Resolution No. 03 -4120, a RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE
PLANNING COMMISSION ACTION AND DENYING A REQUEST BY LILI LI FOR A
ZONE VARIANCE TO ALLOW THE CONSTRUCTION OF A 2,123 SQUARE FOOT
SECOND DWELLING AT THE REAR OF AN R -2 ZONED LOT, WHICH IS
CURRENTLY IMPROVED WITH AN EXISTING HOUSE THAT HAS A SIDE YARD
SETBACK OF ONLY 1.73 FEET (INSTEAD OF THE REQUIRED 5 FEET). (6012
GOLDEN WEST AVENUE) (ZV 03- 1527), seconded by Councilmember Arrighi and
unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
City Council Minutes
October 21, 2003
Page 10
ABSTAIN: Councilmember -None
C. PRELIMINARY STUDY OF A PROPOSED COMMUNITY RECREATION FACILITY
At the request of City Manager Cole, Assistant City Manager /Parks and Recreation
Director Burroughs, with the aid of a power point presentation, reviewed her staff
report.
At the City Council meeting of April 15, 2003, Council directed staff to provide a
preliminary study of a community gymnasium /recreation facility to be brought back for
consideration, including information on feasibility, proposed locations, amenities and
costs. Staff researched various options including possible locations and funding
sources, keeping the following basic information in mind:
1) a minimum of 12,000 square feet would allow for a gymnasium containing one
full size basketball court and two volleyball courts, restroom lobby /office area and
a meeting /activity room;
2) parking requirements per the Zoning Code of one (1) space for each 400 square
foot of gross floor area, plus one space for each employee is required; and
3) a cost estimate of $200 -250 per square foot.
The report focused on four issues relative to consideration of a new community
recreation facility, including: justification, desired amenities, proposed locations and
possible funding sources.
Staff believed there was ample justification for an additional community recreation
center. The Live Oak Park Community Center is the only City -owned facility large
enough to accommodate multi -uses, and although only five years old, is already
reaching or meeting its capacity. There has been a large increase in participation in
the number of fee and charge classes. The sports leagues have also increased. A
new community facility would allow the City to offer additional programs for teens and
seniors. There is a general lack of space for citywide recreation programs, with the
total amount of park space at approximately 19 acres, the lowest amount of any city
in the San Gabriel Valley as compared to the national standard.
The desired amenities may depend on the location, but should include at the least, a
gymnasium which can accommodate one full basketball court and two volleyball
courts, as well as bleachers; restroom facilities and offices; activity room(s); vending
areas, and snack bar or kitchen facilities. Consideration should also be given to a
community pool as well.
Director Burroughs reviewed each of the following six proposed sites, pointing out
pros and cons of each:
1) Live Oak Park —10144 Bogue Street;
2) Alpha Beta Site — 5935 Temple City Boulevard;
3) Bender Property — 9094 Las Tunas Drive;
4) City Yard and /or County Road Department Facility — 9167 La Rosa;
5) Industrial Site at Gidley and Cloverly — 9430 Gidley; and
6) City Hall /Civic Center Complex — 9701 Las Tunas Drive.
Possible funding sources were reviewed including state and federal grants.
Councilmember Arrighi suggested the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy as a possible funding source.
Council discussed site feasibility and amenities. Mayor Pro Tem Zovak felt it was
important to include a pool and also a stage area to accommodate plays and
concerts. Councilmember Arrighi suggested, depending on location, meeting rooms
for civic groups and public agencies.
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October 21, 2003
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City Manager Cole stated many different elements go into this decision making
process and suggested Council choose three location sites and amenities and direct
staff to prepare an RFP for consultant selection.
Council discussed the six proposals, proffering their favored sites, and reached
consensus for three locations.
Mayor Pro Tem Zovak moved to direct staff to prepare a Request for Proposals
(RFP) for a consultant study of a proposed Community Recreation Facility at the
following selected three sites:
1) City Yard and /or County Road Department Facility (9167 La Rosa);
2) 9430 Gidley and the parking lot across the street (corner of Gidley and
Cloverly); and
3) Live Oak Park (10144 Bogue Street),
seconded by Councilmember Arrighi and unanimously carried.
8. NEW BUSINESS
A. PUBLIC HEARING: APPROVAL AND ADOPTION OF RESOLUTION NO. 03 -4213
FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT #2003 -LB -BX -0960 AND
PROPOSED USE OF FUNDS
The City Council was requested to hold a public hearing to consider approval and
adoption of Resolution No. 03 -4213 regarding proposed expenditures of the U.S.
Department of Justice Local Law Enforcement Block Grant (LLEBG) funds for the
youth resource deputy in accordance with the requirements of the grant.
City Manager Cole stated, at the time of application for LLEBG funding, the City did
not know the amount of grant money available. The amount is now known,
approximately $20,000, and it was recommended to conduct the hearing and adopt
the resolution.
Mayor Vizcarra opened the public hearing.
Hearing no requests to speak, either for or against this issue, the public hearing was
closed.
Councilmember Arrighi moved to adopt Resolution No. 03 -4213, a RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE
APPLICATION AND PROPOSED PURPOSE FOR EXPENDITURE OF LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) 2003 -LB -BX -0960, and amend the
current Fiscal Year 2003 -2004 Budget as recommended, seconded by
Councilmember Wong and unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
B. CONSIDERATION OF PROPOSED RESOLUTION NO. 03 -4214 DECLARING THE
CITY COUNCIL'S INTENT TO CONDUCT A PUBLIC HEARING REGARDING
CERTAIN REAL PROPERTY LOCATED AT 10217 LOWER AZUSA ROAD TO
ASCERTAIN WHETHER SAID SITE CONSTITUTES A PUBLIC NUISANCE
Since early 2002, Code Enforcement staff has been seeking the cooperation of
Joseph H. Lewis and Reba L. Lewis in voluntarily complying with the provisions of the
Temple City Municipal Code regarding the unlawful conversion of a two -car garage
into living space, the lack of adequate front yard landscaping, the storage of
inoperable vehicles (5 automobiles and a bus) and the keeping of junk, trash and
City Council Minutes
October 21, 2003
Page.12
debris in the open yard area of their single family residence located at 10217 Lower
Azusa Road. To date staff has been unable to gain full compliance from Mr. Lewis
and the site still remains in violation of the Temple City Municipal Code.
Having exhausted all alternative approaches to gain code compliance, City Manager
Cole presented a proposed resolution declaring the Council's intent to conduct a
public hearing to ascertain whether the site constitutes a public nuisance and
allowing the City to abate same. This action is the culmination of 11/2 years of code
enforcement action. In July 2002, staff provided the property owner with information
on the City's Home Improvement Program in an effort to gain voluntary compliance.
Mr. Lewis submitted the initial application but failed to follow through. The last notice
of violation was mailed on September 9, 2003, and although a letter was received
from Mr. Lewis on September 12, 2003 indicating he would comply, very little
improvement has taken place and the property remains in violation of the Code.
Staff recommended the City Council adopt the resolution of intent to hold a public
hearing on this matter.
Mayor Vizcarra opened the public hearing.
Joseph Lewis, property owner of 10217 Lower Azusa Road, addressed Council
stating he was a licensed attorney and indicated he had sold his property and it was
in escrow. Mr. Lewis indicated the pictures presented with the staff report were stale
and current pictures would show improvement. The prior City Manager had told him
he could sell vehicles from his property. The property is all cleaned up now.
Mayor Vizcarra advised Mr. Lewis the recommended action before Council is to
adopt a resolution of intent to hold a public hearing and he may wish to bring
someone to represent him if he wished to speak again at the public hearing.
City Manager Cole confirmed a notice of public hearing would be sent to Mr. Lewis
when the public hearing was set if Council adopted the resolution of intention.
Councilmember Arrighi moved to adopt Resolution No. 03 -4213, a RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT
TO CONDUCT A PUBLIC HEARING ON WHETHER CONDITIONS PRESENT AT
10217 LOWER AZUSA ROAD CONSTITUTE A PUBLIC NUISANCE, seconded by
Councilmember Wong and unanimously carried by the following roll call vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
C. CONSIDERATION OF A JOINT STREET IMPROVEMENT PROJECT ON ELLIS
LANE BETWEEN THE CITY OF TEMPLE CITY AND THE CITY OF EL MONTE
City Manager Cole asked Council's consideration of a joint street project with the City
of El Monte for improvements on Ellis Lane. Since taking office in March, Council
has embarked upon a new path regarding relations with neighboring cities and
meeting with their counterparts to better that relationship. This item resulted from an
informal discussion with neighboring cities of mutually benefiting projects.
In response, the City Manager of the City of El Monte sent a letter requesting our
financial participation in a street improvement project on Ellis Lane between Lower
Azusa Road and Temple City Boulevard. The approximate cost of overlay is $30,000
and the City of El Monte is requesting a 50 -50 split of costs. The City of El Monte is
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October 21, 2003
Page 13
prepared to initiate this project very quickly. Because of the direct benefits to the City
of Temple City, it was recommended that Council approve participation based upon
the initial estimates and staff from both cities will cooperate fully and handle all of the
details.
In response to Mayor Pro Tem Zovak, City Manager Cole stated it was not yet known
if this project is eligible for gas tax funding.
Councilmember Capra moved to approve financial participation not to exceed
$50,000 in a joint project with the City of El Monte for improvements on Ellis Lane
between Lower Azusa Road and Temple City Boulevard and authorize the City
Manager to negotiate and execute any and all necessary documents to implement,
seconded by Councilmember Wong and unanimously carried.
9. COMMUNICATIONS — None
10. RECESS TO COMMUNITY REDEVELOPMENT AGENCY
At 10:21 p.m., the City Council met as the Community Redevelopment Agency. Minutes of the
Agency Meeting are set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL
The City Council meeting was reconvened at 10:22 p.m. with all Councilmembers present.
11. ACTION ON REQUEST BY CRA — None
12. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Lona Ferrari, 9720 Live Oak Avenue, said she was here to address a certain municipal code
violation to correct bushes exceeding 36 inches within 5 feet of the curb. She was cited by
Code Enforcement Officer Ariizumi and she would like Council to review this code as it is not
being enforced, with violations all over Temple City. She didn't see why they were being
singled out and if they do not comply, they will be fined.
In response to Council, Ms. Ferrari said she was told the citation was brought about by
someone who complained. She did not understand why this is even in the code and felt she
was at the mercy of someone's interest or opinion. She confirmed, for the Mayor, that she
has a batting cage in her front yard and asked Council to look at the code and see why it is in
existence. It may be found that this code is not necessary.
13. UPDATE FROM CITY MANAGER — None
14. MATTERS FROM CITY OFFICIALS — None
15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS
Councilmember Wong reported she and Councilmember Capra, Ad Hoc School District
Committee Members, would be meeting tomorrow with the School District Committee
Members.
16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA
A. COUNCILMEMBER ARRIGHI
Councilmember Arrighi asked that the City Council meeting be adjourned in memory
of Harry Crump, long time resident, former Commissioner and community supporter.
B. COUNCILMEMBER CAPRA
1) 5K Run — Camellia Festival
City Council Minutes
October 21, 2003
Page 14
Councilmember Capra suggested staff look into the feasibility of holding a 5K
run in connection with the Camellia Festival. With Council consensus, it was
so ordered.
Councilmember Capra reported he and Mayor Vizcarra participated in the
Mayor's Cup Race at Irwindale Raceway, representing Temple City, and
found it to be a great adventure.
C. COUNCILMEMBER WONG
Councilmember Wong said she recently attended a Joint Powers Insurance Authority
(JPIA) meeting with City Manager Cole which she found to be very informative.
D. MAYOR PRO TEM ZOVAK
1) Mile Markers at Live Oak Park
Mayor Pro Tem Zovak said this idea originated from candidate John Szamet
while interviewing for the Parks and Recreation Commission. As Live Oak
Park has concrete circling the facility, Mayor Pro Tem Zovak felt it would be a
good idea to place running markers along the Park. With no objections from
Council, he asked staff to look into this.
E. MAYOR VIZCARRA
Mayor Vizcarra suggested, as some Councilmembers have individually discussed
with him, to find a time to all get together and refocus and have a discussion about
goals and exchange ideas. With all Councilmembers in agreement, Mayor Vizcarra
directed the City Manager to set up an open meeting and agenda and contact the
Council with suggested dates.
17. LITIGATION UPDATE
The City Council reviewed the most recent litigation update provided by the City Attorney.
18. CLOSED SESSION
At 10:37 p.m. the City Council meeting was recessed to a closed session for the purposes stated
below.
Purpose:
Title:
Authority:
Representatives:
Purpose:
Property:
Authority:
Negotiating Party:
Negotiating With:
Under Negotiation:
Representatives:
The City Council also
purpose stated below.
Purpose:
Public Employee Performance Evaluation
City Attorney
Government Code Section 54957
City Manager, City Attorney
consideration of real property negotiations
5935 Temple City Boulevard (Alpha Beta site)
Government Code Section 54956.8
City Manager
Property Owner(s) and /or Representative(s)
Methodology, price and terms
City Manager, City Attorney, Consultant
met in a joint closed session with the Redevelopment Agency for the
potential litigation (1 case) based on facts and circumstances known
to the City Manager /Executive Director which will be disclosed to the
City Council /Redevelopment Agency, but which the City Manager/
Executive Director believes are not known to a prospective plaintiff
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October 21, 2003
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and the disclosure thereof at this time would be contrary to the
interests of the City /Agency
Authority: Government Code Section 54956.9
Representatives: City Manager /Executive Director, City Attorney /Agency Counsel,
Special Counsel
RECONVENE
The City Council Meeting was reconvened at 11:35 p.m. with all Councilmembers present.
CLOSED SESSION STATEMENT
City Manager Cole stated the first closed session item was continued to a future date. As to
the second and third items, there was no action taken.
19. ADJOURNMENT
The City Council meeting was adjourned at 11:36 p.m.
ATTEST:
y 1 �-0
Ci ty Clerk U
MAYOR