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HomeMy Public PortalAbout7A1 CCM 2011-02-15AGENDA ITEM 7.A-1. CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES FEBRUARY 15, 2011 1. CALL TO ORDER Mayor Vizcarra called the City Council Regular Meeting to order at 7:35 p.m. in the Council Chambers located at 5938 Kauffman Avenue, Temple City. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Acting City Manager/Parks & Recreation Director Burroughs, City Attorney Vail, City Clerk Flandrick, Community Development Manager Lambert, Community Development Director Masura, Financial Services Manager Molina, Public Safety Officer Ariizumi 3. INVOCATION Rabbi Alan Lachtman, Temple Beth David, provided the Invocation. 4. PLEDGE OF ALLEGIANCE Sergeant Stacy Morgan, Temple Station, led those present in the Pledge of Allegiance to the Flag. 5, CEREMONIAL MATTERS — PRESENTATIONS A. INTRODUCTION OF CAMELLIA FESTIVAL ROYAL COURT Mary Sneed, General Chairman of the Camellia Festival, introduced the Festival Committee and the Royal Court: Banner Carrier Whitney Melton; Banner Carrier Dylan Mrakich; Banner Carrier Breanna Jimenez; Banner Carrier Jacob Garcia; Prince Ethan Cooper-Gaskill; Prince Danny Gitchel; Princess Lillie Bemiller; Princess Juliana Morales; Queen Abigail Alfonso; and King Hector Gomez Jr. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Susan Schlaeter, Library Manager, provided a schedule of upcoming Library programs. City Council Minutes February 15, 2011 Page 2 Starene Cruse, Temple City resident, questioned why the January 27th community redevelopment meeting video was not yet available on the website; requested that Code Enforcement put a notice on the website that destruction of signs for City Council candidates is illegal; and asked if there was a "blackout" period during the election where Council cannot bring up or promote Council candidates. Teresa Olguin, Liaison with the San Gabriel Valley Humane Society, provided the Society's newsletter to the Council and stated the Society was in dire need of financial help. She relayed information of a "cave-in" at their headquarters over the holidays and indicated that not one member of the Council came to help. She was saddened that the little monies the City contributes only covers three days when an animal is caught by the City, and then is cared for by the Humane Society. She felt it behooved everyone to take responsibility and asked Council to find it in their hearts to open the City's pocketbooks as very minimal has been done by Temple City. Councilmember Sternquist responded that she recently adopted a dog from the San Gabriel Valley Humane Society, and although the Council may not have done as much as a group, these are City funds and monies we expend to anyone are public funds. individually Council does support the Humane Society and also through fundraisers in the park. Public Safety Officer Ariizumi stated the City does belong to the San Gabriel Valley Joint Powers Authority (JPA) along with four other cities. The JPA has an Executive Director that oversees the contract with the Humane Society. Michael Burns, Executive Director, requested that the JPA be allowed to respond to these issues as they were not advised of the Humane Society's appearance tonight. 7. CONSENT CALENDAR City Attorney Vail stated, subsequent to the posting of the agenda, Legal Counsel from the County and the Flood Control District requested action by the City on a case that has been ongoing for some time. A lawsuit was initiated several years ago against the County and District regarding stormwater discharges into the L.A. Basin. As a result, a claim was filed by the County against a number of cities. Since the lawsuit itself is determinative as to when the County will seek indemnification, it was decided to toll their statute of limitations until the U.S. District Court made a decision. The judge did rule in favor of the County, but an appeal has been filed and the case is still pending in the 9th Circuit Court. The original agreement expires March 15t, so there is a need to extend it until a final decision has been made. It is recommended that Council make the finding that there is a need to take immediate action and to add this item to the agenda as a subsequent need item. City Council Minutes February 15, 2011 Page 3 Mayor Pro Tem Chavez moved to: 1) Make a finding that there is a need to take immediate action and that the need for action came to the attention of the City Council after the agenda for February 15, 2011 meeting was posted; and 2) Add this item to the agenda as a subsequent need item as Item No. 7L. Consent Calendar — Extension of Tolling Agreement by and between the County of Los Angeles, the Los Angeles County Flood Control District and the City of Temple City; seconded by Councilmember Blum and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None Councilmember Yu moved to approve the Consent Calendar, seconded by Councilmember Blum and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of February 1, 2011, as presented. B. PLANNING COMMISSION ACTIONS — MEETING OF JANUARY 25, 2011 Received and filed the Planning Commission actions of their meeting of January 25, 2011. C. PUBLIC SAFETY COMMISSION ACTIONS — MEETING OF JANUARY 20, 2011 Received and filed the Public Safety Commission actions of their meeting of January 20, 2011. City Council Minutes February 15, 2011 Page 4 D. CONSIDERATION OF A REQUEST FOR PLACEMENT AND REMOVAL OF A STREET BANNER BY TEMPLE CITY SCHOOL DISTRICT KINDERGARTEN ENROLLMENT Approved the request by the Temple City Unified School District for City staff to place and remove a street banner advertising their kindergarten enrollment period, subject to submission of proper insurance documentation. E. APPROVAL OF PROGRESS PAYMENT NO. 6 TO HIRSCH & ASSOCIATES, INC. FOR WORK PERFORMED ON THE LIVE OAK PARK CIRCULAR PLANTER RENOVATION PROJECT Approved progress payment No. 6, in the amount of $360.00, to Hirsch & Associates, Inc. for professional architectural services performed for the Live Oak Park Circular Planter Renovation Project (P10-03). SECOND QUARTER TREASURER'S REPORT, REVENUE AND EXPENDITURE SUMMARY REPORTS AND CAPITAL IMPROVEMENT FINANCIAL REPORT Received and filed the Second Quarter City Treasurer's Report, Revenue and Expenditure Summary Reports and the Capital Improvement Financial Report. G. SECOND QUARTER BUDGET AMENDMENTS Approved the second quarter budget amendments and amended the adopted budget accordingly. H. VISA CARD REPORT Received and filed the Visa Card Report with the current charges. I. REQUEST FOR PROPOSALS FOR COMPREHENSIVE DOWNTOWN PARKING STUDY AND STRATEGIC PLAN 1) Approved the Request for Proposals and associated scope of services for a Comprehensive Downtown Parking Study and Strategic Plan; and 2) Authorized staff to solicit proposals for a Comprehensive Downtown Parking Study and Strategic Plan in accordance with the City's procurement policies. City Council Minutes February 15, 2011 Page 5 J. REQUEST FOR PROPOSALS FOR CITYWIDE TRAFFIC CALMING STUDY AND MASTER PLAN 1) Approved the Request for Proposals and associated scope of services for a Citywide Traffic Calming Study and Master Plan; and 2) Authorized staff to solicit proposals for a Citywide Traffic Calming Study and Master Plan in accordance with the City's procurement policies. K. ADOPTION OF RESOLUTION NO. 11-4723 —APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 11-4723, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $274,414.53 DEMAND NOS. 31195 THROUGH 31291. L. SUBSEQUENT NEED ITEM — EXTENSION OF TOLLING AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF TEMPLE CITY Approved extension of the Tolling Agreement by and between the County of Los Angeles, the Los Angeles County Flood Control District and the City of Temple City, and authorized the City Manager or his designee to sign the Agreement. 8. UNFINISHED BUSINESS A. ADOPTION OF ORDINANCE NO. 11-940 ESTABLISHING STAGGERED TERMS OF OFFICE FOR CITY COMMISSIONERS City Attorney Vail corrected the title of this item to be the adoption of Ordinance No. 11-940 establishing staggered terms of office for City Commissioners. Acting City Manager/Parks and Recreation Director Burroughs stated this ordinance, introduced for first reading on February 1, will add a new section to the Municipal Code relating to terms of office for all Commissioners. The past practice of staggering terms for Commissioners will now be codified through adoption of Ordinance No. 11-940. At the request of Council, City Clerk Flandrick read the title of Ordinance No. 11-940. City Council Minutes February 15, 2011 Page 6 Mayor Pro Tem Chavez moved to waive further reading and adopt Ordinance No. 11-940, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING A NEW SECTION 2690 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO COMMISSIONER TERMS OF OFFICE, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Councilmember-None Councilmember-None B. SECOND READING AND ADOPTION OF ORDINANCE NO. 11-941 - CHANGES TO THE ZONING CODE RELATING TO EXISTING LEGAL NONCONFORMING OUTDOOR ADVERTISING STRUCTURES Community Development Manager Lambert summarized his staff report, stating on January 11, 2011, the Planning Commission adopted a resolution recommending that the City Council adopt this ordinance relating to the modernizing and upgrading of existing legal nonconforming outdoor advertising structures. On February 1, 2011, the City Council conducted a public hearing and introduced the draft ordinance for first reading. Ordinance No. 11-941 is now presented for second reading and adoption. At the request of Council, City Clerk Flandrick read the title of Ordinance No. 11-941. Councilmember Blum moved to waive further reading and adopt Ordinance No. 11-941, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING SECTIONS 9328 AND 9329 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO EXISTING LEGAL NONCONFORMING OUTDOOR ADVERTISING STRUCTURES, seconded by Councilmember Yu and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 9. NEW BUSINESS Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra Councilmember-None Councilmember-None Councilmember-None A. APPEAL OF A PLANNING COMMISSION DECISION DENYING ZONE VARIANCE 10-1770 — A REQUEST FOR MULTIPLE ZONE VARIANCES City Council Minutes February 15, 2011 Page 7 TO CONSTRUCT A SECOND STORY ADDITION AND A NEW 2 -CAR GARAGE AT 6231 MUSCATEL AVENUE Community Development Manager Lambert reviewed his staff report, stating, on November 9, 2010, the Planning Commission conducted their first public hearing regarding this issue, and after discussion, moved to deny the zone variances, resulting in a 2-2 tie vote. The item was continued to the Planning Commission meeting of December 12, 2010 where the Commission voted to deny the zone variances by a 3-2 vote, and directed staff to present a resolution of denial at the next Planning Commission meeting. On January 11, 2011 the Planning Commission adopted Resolution No. 11-2317 denying Zone Variance 11-2317. The subject site is currently improved with a one-story, single-family dwelling that was constructed in 1955. The existing dwelling is 976 square feet and consists of 2 bedrooms and 1 bathroom and is zoned Single -Family Residential (R-1) and is surrounded by properties that are zoned R-1. The following three zone variances are being requested: 1) to have a combined second floor side yard setback of 10 feet, instead of the required 15 feet; 2) not providing at least 50 percent or more of the second story front elevation setback further than 10 feet of the first story's front elevation; and 3) to have a house width of 9 feet 8 inches, instead of the required 25 feet. The applicant is proposing to construct a 736 square foot addition on the second floor and to construct a new 400 square foot 2 - car garage. The applicant is also requesting to voluntarily demolish more than 50 percent of the existing dwelling, and would therefore be considered a "new dwelling" per the City's Zoning Code, and subject to current development standards. The end result would be a ground floor consisting of an attached 2 -car garage, living room, kitchen, dining room, laundry area and bathroom, with the second floor consisting of 3 bedrooms and 2 bathrooms. The property is an interior lot consisting of 40 feet of street frontage and 190 feet of lot depth. The current Zoning Code requires at least 60 feet of street frontage and the narrowness of this lot does limit the development potential of the subject site. The proposed second story addition will result in a contemporary architectural design and would feature a portion of the second floor at a similar plane to the first floor along the front elevation, appearing to go straight up from the first floor to the second floor. Initially staff recommended approval due to the uniqueness of the lot and the ability to mitigate some factors of the variance, allowing the applicant to achieve a second story of the desired size while using identifiable design guidelines. Ultimately, the Planning Commission could not justify City Council Minutes February 15, 2011 Page 8 the findings to approve the zone variance, as it is possible to construct an addition or a new residence without approval of a zone variance. The Commission also mentioned the proposed contemporary design did not justify approval of a zone variance and the overall building did not have a cohesive design. In adopting the resolution denying the variance request, the Planning Commission found that there is nothing exceptional or extraordinary about the subject lot and that the property owner is not being denied any rights possessed by other property owners in the vicinity. Community Development Manager Lambert provided a power point presentation of the property and the proposed addition. Mayor Vizcarra opened the public hearing. Kelly Timmons, neighbor of the property owner, stated she would be in favor of approving this as the property has not been updated in years and even the most simple facade would benefit surrounding homes and the neighborhood. The City, by allowing the previous owner of the property to the north to take away 10 feet, left this property with 40 feet, and in doing so, punished every subsequent owner of the property. The proposed style is very becoming and in tune with the neighborhood and she asked Council to consider and approve this request. Elaine Tan, Appellant, stated, after seeing the presentation, hoped that the Council understood the difficulty working with an unusually narrow lot. After consulting with numerous contractors and design firms, she felt they have a very sound plan and modest house for a family of four. In planning this addition, they felt severely restrained because of the narrow lot in meeting certain requirements. She submitted a list of surrounding neighbors who believe this project is an improvement to the neighborhood and asked the Council to consider this request. George Chen, designer of the project, stated he has been diligently working with City staff since June 2010 on numerous options and felt that this current proposal best fits in addressing zoning constraints. He encouraged Council to look at the design of the project as a whole and, with the use of a power point presentation, provided a simulation of the proposed project. The front yard setback has 5 feet more than required; the Floor Area Ratio (FAR) is approximately 35% lower than the zoning requirements and a significant amount of area is devoted to open space. While maintaining a significant setback, the proposed living area is significantly smaller than allowed at a modest 1,700 square feet. The zoning requirements do not really apply to a 40 foot lot and impact the livability of the house. City Council Minutes February 15, 2011 Page 9 Hearing no further requests to speak, either for or against this item, the public hearing was closed. Councilmember Yu stated Council must make certain findings to approve a variance. Regarding the exceptional and extraordinary circumstances or conditions, he felt the 40 foot wide lot is very unusual. The second finding that the variance is necessary for the preservation and enjoyment of a property right possessed by other properties in proximity, by not allowing a garage where everyone on the street has one, denies that right. To find that the variance would not be materially detrimental to the public welfare or injurious to neighboring properties, the neighbors state that having such a small house out of scale and with no garage in a nice neighborhood is not helping property values and approval of this request would add to the public welfare and help the neighborhood as a whole. The architect mentioned mitigating factors that were below City requirements. He and Councilmember Blum were on the Planning Commission when the design guidelines were adopted and they were not meant for a 40 foot lot. He could make all of the findings and approve the variance. Councilmember Sternquist stated her lot also is 40 feet wide and her similar request to build a new home on her lot was approved by the Planning Commission 20 years ago. Every neighbor on her street was thrilled that her house was built. This situation is unique and there is no reason why this house should not be built. She was in support of approving this variance. Mayor Pro Tem Chavez agreed, noting that Government Code section 65906 states that a zone variance is a defined means used to solve a unique problem for a property owner and this is a unique problem. Councilmember Yu stated certain criteria to be met and he agreed with all of it. This property needs to be fixed up and would be an improvement to the neighborhood, and he felt the architectural style would add to the neighborhood ambiance. This is a relatively small house in comparison to others in the neighborhood and he thought it refreshing to see someone work with staff to arrive at a solution. He felt the criteria had been met and he could approve the variance. Councilmember Blum stated the property does need to be fixed up. There is a house on the street that sticks out, that has a square front that goes straight up and that is why the guidelines were set. There are also large houses on the street that have been built under the new criteria. He did agree with everything but would like to see a setback on the second story and would ask the designer to take that into consideration. The lot is fairly deep and there is room to shift it in the back. The garage is desirable and he had no problem with that. He would just like to see that the front feature is not so stark. City Council Minutes February 15, 2011 Page 10 Mayor Vizcarra stated common sense dictates that this variance needs to be granted so the structure can be built. Councilmember Sternquist moved to reverse the decision of the Planning Commission and approve Zone Variance 10-1770, seconded by Councilmember Blum and unanimously carried by the following roll call vote: AYES: Councilmember-Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None City Attorney Vail stated a Resolution of approval would be prepared for the next meeting's agenda. RECESS/RECONVENE The City Council meeting was recessed at 8:48 p.m. and reconvened at 9:01 p.m. with all Councilmembers present. 10. COMMUNICATIONS — None 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY MEETING At 9:01 p.m., the City Council recessed to the Community Redevelopment Agency Meeting. Minutes of the Agency Meeting are set forth in full in the Agency's records. RECESS TO COMMUNITY DEVELOPMENT & HOUSING AUTHORITY MEETING At 9:02 p.m., the City Council recessed to the Community Development & Housing Authority Meeting. Minutes of the Authority Meeting are set forth in full in the Authority's records. RECONVENE AS CITY COUNCIL The City Council Meeting was reconvened at 9:20 p.m. with all Councilmembers present. 12. ACTION ON REQUEST BY CRA — None 13. UPDATE FROM CITY MANAGER — None City Council Minutes February 15, 2011 Page 11 14. MATTERS FROM CITY OFFICIALS — None 15. COUNCIL REPORTS REGARDING AD HOC OR COMMISSION MEETINGS Councilmember Blum reported that the Rosemead Boulevard Improvement Project Ad Hoc Committee continues to meet weekly. The Communications Ad Hoc Committee met prior to this meeting to address how to proceed with this project and effectively communicate its progress. The Public Art Advisory Group meets for the third time tomorrow. Councilmember Yu added that the Rosemead Boulevard Improvement Project Ad Hoc Committee discussed a community meeting for information on this project. The final venue and time have not yet been set, but it will be scheduled at the end of March. Councilmember Yu reported that the Council Chambers Renovation Ad Hoc Committee met and directed staff to obtain prices and samples. The scope of work will include refurbishing wall panels, carpeting and possibly looking at upholstering of chairs and redoing the sound system. Mayor Pro Tem Chavez stated, about 30 days ago, the Council asked Councilmember Sternquist and himself to consider replacement for the vacancy on the Parks and Recreation Commission. They reviewed prior applications of those still interested in the position and interviewed one new applicant. After consideration, this Ad Hoc Committee reached a recommendation for that vacancy and will ask that a resolution be placed on the next agenda for discussion and approval of Pam Vigil to fill that seat. Councilmember Sternquist reported on attending the Mosquito & Vector Control District meeting on Friday. Twenty representatives from different cities met, with a decision made to repair the roofing at their site in West Covina for a cost of approximately $25,000 instead of replacement of a new roof at a cost of $125,000. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMEMBER BLUM Councilmember Blum stated, in 2006, the State passed Proposition 84, one category of which deals with funding for state parks and recreation facilities. The final round of applications for funding requests is July 1st this year and he requested that the Parks and Recreation Commission to compile a parks and open space master plan of the City's priorities as far as recreation is concerned. Then a strategic plan can be put together to go with the funding request by the July 1st deadline. City Council Minutes February 15, 2011 Page 12 B. COUNCILMEMBER STERNQUIST Councilmember Sternquist reported on the Senior Meal Program, the first of which was held on February 14th and was very well attended. Most of the City Council was in attendance to greet the more than 80 seniors who came and received a nutritious lunch. The volunteers were phenomenal and it was a wonderful event. Reservations are to be made 24 hours in advance and a two dollar donation is recommended. C. COUNCILMEMBER YU — None D. MAYOR PRO TEM CHAVEZ Mayor Pro Tem Chavez reported on providing ethics training to the Temple City Unified School District Board. The training went very well and he thanked City Attorney Vail for his assistance and information. He also thanked Parks & Recreation Commissioner Nan Fish and Camellia Festival Chairman Mary Sneed and staff for their work on the Camellia Festival. He agreed that the Senior Lunch Program had a great turnout with an ethnically diverse crowd. E. MAYOR VIZCARRA In response to Mayor Vizcarra, Parks and Recreation Director Burroughs responded that the rubber tire grant application process usually starts around the first of the year and staff will keep it in mind for next year. Councilmember Yu thanked Councilmember Sternquist and the Mayor for attending the Lunar Chinese New Year as he did again this year. It was a well attended event. Parks and Recreation Director Burroughs announced that input is being solicited from the community to develop a Citywide Bicycle Master Plan. Everyone is asked to participate in a survey which is on the City's website. The survey is part of the City's effort to develop its first citywide bikeways master plan, which could include a 20 -mile network of designated bikeways to connect cyclists to key destinations. The proposed Bicycle Master Plan will be presented for public input and review on March 9 at a joint meeting of the City's Planning and Public Safety Commissions. 17. REIMBURSEMENTS OF EXPENSES PAID TO OFFICIALS FOR CONDUCT OF CITY BUSINESS — None City Council Minutes February 15, 2011 Page 13 18. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Mary Burke, Temple City resident, suggested, as was brought up at a past Council meeting, that medicine and vitamins be collected at City Hall for disposal. Public Safety Officer Ariizumi responded that the Temple Sheriff's Station has 3 mailboxes in their parking lot for collection of these types of items. Ms. Burke continued, thanking the Council for following up on the suggestion for a remodel of the acoustics and audio-visual equipment in the Council Chambers. She relayed concerns in her neighborhood dealing a water project which has the streets torn up. Repairs in front of four homes were done very well, but there are a couple of others that have sloppy work. Public Safety Officer Ariizumi reported that the City has been working very closely with the County on this project which is nearing completion and within the timeline submitted for the project. Mary Kokayko, Temple City resident, referring to the Council Chambers Renovation, suggested that the first row of seats be removed for safety reasons. Also, she has informed some residents regarding tree removal that sometimes the City does have to remove good trees because of roots interfering with sewers, etc. Jerry Jambazian, Temple City businessman, reminded everyone of the Candidates' Forum tomorrow at 7:30 p.m. at the Historical Society, conducted by the League of Women Voters. Everyone is invited. He commended the JSA and The Voice for doing an excellent job in conducting their Candidate Forum last Sunday, which was very well attended. 19. CLOSED SESSION — None 20. ADJOURNMENT The City Council Regular Meeting was adjourned at 9:48 p.m. Mayor City Council Minutes February 15, 2011 Page 14 ATTEST: City Clerk