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HomeMy Public PortalAboutCity Council_Minutes_1979-06-05_Regular 1979CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 5, 1979 INITIATION: 1. CALL TO ORDER: Mayor ProTem Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, June 5, 1979, in the Council Chamber of the City Hall. 2. The invocation was given by Father Craig Cox, St. Luke's Catholic Church, 9451 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor ProTem Atkins. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell Absent: Councilmen - Dennis Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragicevich, Parks and Recreation Director Kobett, Traffic Engineer Envall, Lt. Jeanne Robertson, Temple Station, and Steve Johnston, Temple City Times Councilman Tyrell moved to excuse Mayor Dennis for cause, seconded by Councilman Merritt and carried. At this time, Louis Gilbertson, on behalf of Margie Calamia, Chairman, and members of the Temple City Bicentennial Committee, advised the Council there had been additional funds in the Committee treasury and it was appropriate that the last expenditure of funds were used to purchase and present to the City a new American Flag. On behalf of the City Council Mayor ProTem Atkins accepted the flag, saying the flag would be displayed with great pride, and thanked the Committee for their outstanding job. 5. CONSENT CALENDAR: Items E -2, F -1, F -2, and G were removed from the Consent Calendar. Councilman Merritt moved to approve Items A through E -1, E -3, F -3, and Items H through M, seconded by Councilman Tyrell and carried. A. APPROVAL OF MINUTES: Regular Meeting of May 15, 1979. Approved minutes as written. B. PROPOSED BUDGET - FY 1979 -80 Accepted proposed budget for fiscal year 1979 -80 and set public hearing June 19, 1979. C. APPROVE SPECIFICATIONS FOR RE- ROOFING OF CITY HALL Approved specifications and authorized staff to advertise and receive bids, Mayor ProTem Atkins noting his non - participation. D. RECOMMENDATION FROM TRAFFIC COMMISSION - Special Meeting of May 23 EAST -WEST ALLEY BETWEEN SULTANA AVENUE AND ROSEMEAD BOULEVARD Approved Traffic Commission recommendation as set forth in staff memo dated May 24, 1979 with the modification the east -west alley be one way westerly from Sultana to Rosemead. Council also approved the improvement of the north -south alley, appropriated Council Minutes, June 5, 1979 - Page 2 additional funds in the amount of $6,000 and amended the adopted budget accordingly. E. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION (1) TENNIS INSTRUCTIONAL PROGRAM Approved recommendation that the tennis program proposal received from Robert Holycross for services as an independent contractor to provide the total City tennis program on a self - sustaining fee and charge basis effective June 1, 1979. (3) RENEWAL OF AGREEMENT WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT Approved recommendation that the existing . agreement between the City and School District be renewed without change. F. RECOMMENDATION FROM PLANNING COMMISSION (3) PLANNING COMMISSION ACTION Received and filed memo setting forth actions taken by the Planning Commission at their regular meeting held May 22, 1979. H. ORDINANCE NO. 79 -475: 2nd read. CHANGE OF ZONE FROM R -1 TO RPD TRACT NO. 36377 - 9809 -9821 LOWER AZUSA ROAD Held second reading and adopted Ordinance No. 79 -475 AN ORDINANCE OF THE CITY OF TEMPLE CITY ESTABLISHING A CHANGE OF ZONE FROM R -1 TO RPD AND APPROVING A PROVISIONAL PLAN THERETO. I. RESOLUTION NO. 79 -1811: ELECTING TO PARTICIPATE IN THE JPIA . WORKERS' COMPENSATION PROGRAM Adopted Resolution No. 79 -1811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ELECTING TO PARTICIPATE IN THE' WORKERS' COMPENSATION JOINT SELF - INSURANCE PROGRAM OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. J. RESOLUTION NO. 79 -1812: SB 821 FUNDS - PEDESTRIAN FACILITIES FY 1979 -80 Adopted Resolution No. 79 -1812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR PED- ESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS SIDEWALK IMPROVEMENT PROGRAM. K RESOLUTION NO. 79 -1813: EXPRESSING INTENTION TO ACQUIRE CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES - LIVE OAK AVENUE PROJECT Adopted Resolution No. 79 -1813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXPRESSINGS ITS INTENTION TO ADOPT A RESOLUTION ATTACHED THERETO. L RESOLUTION NO. 79 -1817: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 79 -1817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. M. RESOLUTION NO. 79 -1818: WARRANTS & DEMANDS Adopted Resolution No. 79 -1818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $170,320.90, DEMAND NOS. 12075 THRU 12238. CONSENT ITEM E -2: REQUEST TO USE LIVE OAK PARK - TEMPLE CITY YMCA Councilman Tyrell stated it is not customary to reserve the park for any purpose to any one group from June through August and he felt the Council should require a 10 -day cancellation clause, should the park be needed for general public use. Councilman Gillanders agreed. Council Minutes, June 5, 1979 - Page 3 Councilman Tyrell moved to approve the request from Temple City YMCA for use of a portion of Live Oak Park to conduct a Day Camp, subject to a 10 -day cancellation clause, seconded by Councilman Gillanders and carried. CONSENT ITEM F -1: PROPERTY NUISANCE CASE NO. 79 -50, 9559 WOODRUFF AVE. Councilman Gillanders stated that since the City holds an easement on the property subject to nuisance abatement in Resolution No. 79 -1819, he felt the City should pay for the removal of curb and gutter and driveway approach at subject property. Councilman Gillanders also stated he takes exception to Planning Commissioner Seibert's statement that a recommendation be made to the Parking Commission not to approve application for on- street parking, in that he feels it is not correct to terminate the tenants parking at sub- ject location and recommend against an overnight parking permit before it has been applied for. Councilman Tyrell moved to adopt Resolution No. 79 -1819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF, amended to read "The replacement of the curb will be at City expense ", seconded by Councilman Merritt and carried. Ingrid Dowling, 9559 Woodruff Avenue, requested clarification on the action taken, and was advised the City had declared the parking at subject address in a manner as to impede pedestrian traffic across the right -of -way a public nuisance and that the City will remove the driveway approach and replace curb and gutter. Ms. Dowling was further advised the Traffic Commission would decide on her application for an overnight parking permit. CONSENT ITEM F -2: PROPERTY NUISANCE CASE NO. 79 -51, 6002 PRIMROSE AND 9553 -55 WOODRUFF AVENUE Councilman Tyrell moved to adopt Resolution No. 79 -1820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF, amended to read "The replacement of the curb will be at City expense ", seconded by Councilman Merritt and carried. CONSENT ITEM G: PROPOSED ORDINANCE RE: BURGLAR ALARMS City Manager Koski presented proposed ordinance with changes as requested by City Council. Councilman Tyrell moved to introduce Ordinance No. 79 -477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING PART F TO CHAPTER 1 OF ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE by title only and waive further reading, seconded by Councilman Gillanders and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: APPEAL TO PLANNING COMMISSION DECISION - TENTATIVE TRACT 35982, SULTANA AND BROADWAY Mayor ProTem Atkins declared the public hearing open and asked for staff report. Planning Director Dragicevich gave staff report, stating the Planning Commission, at their regular meeting held May 8, 1979, held public hearing and adopted resolution disapproving Tentative Tract Map No. 35982. The proposal is for a 9 -unit condo- minium project including a conversion of existing 4 units in an R -3 zone; the existing 4 units face Broadway, 3 of which are approx- imately 18 months old, while the existing house to the rear is 24 years old. The parcel facing Sultana contains two single family dwellings which will be demolished and 5 units will be built. There will be a total of 18 enclosed and 5 open parking spaces. The Planning Commission disapproved the tentative tract because of the diverse age of the structures and because condominium ownership requires that all owners share in the maintenance of the project there would be an inequality, and that the plan, as presented, appeared to be two condominium projects. In further action, the Planning Commission did not certify the Environmental Impact Report which was found to be adequate, but incorrect as to its conclusions. Council Minutes, June 5, 1979 - Page 4 Councilman Tyrell moved to include the Planning Commission minutes as part of the record, seconded by Councilman Merritt and carried. Mayor ProTem Atkins invited anyone wishing to speak to the subject to come forward. Robert Meyer, 9063 E. Broadway, stated the Planning Commission seemed to feel the proposed condominium was a hodge -podge plan; the exterior of the older unit is completely redone, and the homeowners association has no responsibility for the interior of the condominiums; also certain items are pro -rated according to the units and it is not anticipated that all owners will assume equal responsibility; the EIR will be modified and he will submit a copy of the CC& R's prior to final approval of the tract map. Councilman Merritt inquired about the lack of driveway through the entire development which would appear to limit the condominium con- cept in that all owners of the condominium would not enjoy use of the total area. Mr. Meyer stated it is detrimental to have driveways used by too many people and he feels the separate driveways to individual units is a plus. There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Merritt stated he is not happy with the plan; that if he were buying a condominium he would want to get around the area without inconvenience and he feels the lack of vehicle circulation is detrimental. Councilman Tyrell stated he is concerned with the difference in ages of the units and feels the project would not make a good condominium development. Councilman Gillanders stated this was a case in point that there is a need for standards for condominium conversion. Mayor ProTem Atkins stated he shares Councilman Merritt concern about the lack of circulation throughout the area; that he feels the developer is trying to put together two projects, that each could stand alone on its own merit and he also shares, to a lesser degree, the concern regarding the difference in ages of the buildings. Councilman Tyrell moved that the Environmental Impact Report, while adequate, is incorrect as to its conclusions and the City Council cannot certify it, seconded by Councilman Merritt and carried. Councilman Tyrell moved to deny the appeal and uphold the Planning Commission disapproval of Tentative Tract No. 35982 on the basis the two separate units are improperly tied together, there is insufficient circulation, and the ages of the units are too varied, seconded by Councilman Merritt and carried. 7. PUBLIC HEARING: TENTATIVE TRACT NO. 36739 - 9547 -53 Garibaldi Avenue Mayor ProTem Atkins declared the public hearing open and asked for staff report. Planning Director Dragicevich gave staff report, stating the Planning Commission, at their regular meeting held May 3, 1979, held public hearing and adopted resolution recommending approval of Tentative Tract No. 36739 for the construction of a 17 -unit condominium project in an R -3 zone. The request for a zone variance to build 13 units was denied. The proposed project would consist of 17 two -story units with a subterranean garage for all car spaces. The development would have a 15 ft. rear yard and a 15 ft. side yard setback. The proposal is in compliance with the General Plan and the Zoning Code of the City. The draft Environmental Impact Report prepared by the developer, was certified by the Planning Commission. City Council, at their regular meeting held May 15, 1979 Council Minutes, June 5, 1979 - Page 5 set this matter for public hearing June 5, 1979. Councilman Merritt moved to include the Planning Commission minutes as a part of the record, seconded by Councilman Tyrell and carried. Mayor ProTem Atkins invited anyone wishing to speak to the subject to come forward. Michael Klipa, 8135 Arroyo Drive, So. San Gabriel, representing the applicant, stated the 15 ft. setbacks on the rear and side yard will provide adequate space from neighbors and provide them a better feeling for the new development; that the 17 units have been expanded because of the lost unit. Mr. Klipa stated he would be happy to answer any questions the City Council may have. In answer to question from Mayor ProTem Atkins regarding the accommodations for oversized vehicles, Mr. Klipa stated the height of the garages will be 8 ft. If owners have recreation vehicles higher than that, there is planned green space which could be utilized for parking. He would recommend to go full subterranean parking and hope the market will justify his judgment. Councilman Gillanders stated the CC&R's could require recreation vehicle parking away from the condominium. Councilman Tyrell noted the Environmental Impact Report states the increase in law enforcement services would be negligible and inquired how the occupants will get from the driveway or garages to their unit. Mr. Klipa advised each unit has individual entry from their garage. A power operated gate is proposed for entry to the garage area. Councilman Tyrell inquired as to how fire equipment will gain entry in case of a fire in one of the rear units. Mr. Klipa stated they have to meet the Fire and Uniform Building Code and concern regarding these items is premature. Virgil Graf, 6118 Primrose Avenue, stated his objection to a 2 -story building which will eliminate his privacy. He also felt that guests would not use the proposed guest parking space, but would park on the street. John Miller, 6122 Primrose Avenue, expressed his concern . about the number of condominium projects being developed in Temple City; and stated the parking problem which will result from the development will depreciate property in the immediate area; privacy will be infringed on and there will be an excessive amount of noise added to the neighborhood. Mrs. Frattarel, 6114 Primrose Avenue, stated there are six houses on her side of the street and most people use their driveway to park leaving the street for guests. With the added number of units there will be no place to park on the street. She also stated children walk along Primrose to Longden School and expressed con- cern about their safety. In rebuttal, Mr. Klipa stated there are 2.2 parking spaces per dwelling unit; if each unit had two cars they would need 34 parking spaces and 46 are proposed, plus 10 guest parking spaces. The condominiums will be worth considerably more than anything in the neighborhood at the present time and should increase the value of the surrounding properties; that the CC &R's will guaranty maintenance of the property. There being no one else come forward, Councilman Tyrell moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Tyrell moved to amend the Environmental Impact Report to include the comments of those testifying at the public hearing and response thereto by incorporating a copy of the minutes into the report; that the City Council certify that the Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the State guidelines and the City Council has reviewed and considered the information contained in the report; that the final EIR is adequate and provides reasonable information on the project; and that any adverse impact contained in the amended Council Minutes, June 5, 1979 - Page 6 report is overruled and counterbalanced by economic and social needs, objectives, and concerns in providing private or public improvements of municipal import, seconded by Councilman Merritt and carried. Councilman Tyrell stated he felt that there is going to be a parking problem, comparing this development to the condominium at Temple City Boulevard and Broadway where there is approximately 500 ft. of on- street parking compared to 105 ft. for the proposed development. The problem arises from have minimum street frontage and using depth of the property to accommodate the number of units. Councilman Gillanders stated the proposed condominium is aestheticall beautiful and he feels it will be a credit to the community in another location. City Attorney Martin advised the Council the parking spaces proposed more than meets the current code requirements. Mayor ProTem Atkins stated the development meets the Zoning Code requirements, guest parking is provided on the premises, the developer has attempted to provide privacy inasmuch as possible for the surrounding neighbors, and he is in favor of the plan. Councilman Merritt moved to approve Planning Commission Resolution No. 79 -848PC approving Tentative Tract Map 36739, with the additional conditions there be a security gate and the CC&R's regulate recreation vehicle parking, seconded by Councilman Tyrell and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Merritt, Tyrell NOES: Councilmen - Gillanders 8. CITY -WIDE LIGHTING DISTRICT: City Manager Koski presented background information, stating the City Council, at their regular meeting held May 15, 1979 adopted Resolution No. 79 -1807 ordering an Engineer's Report for a proposed City -Wide Lighting District. The Engineer has prepared his report and is here to answer any question the Council might have. Dwight French, Municipal Services, Inc., stated he reviewed the existing Zone B and Zone A for lighting level, reviewed commercial and multiple dwelling zones to determine lighting level and relative benefit, and based upon use, intersection lighting, intensity within the zones, determined assessments which he considered fair and reasonable for fiscal year 1979 -80 only. In answer to question from Councilman Tyrell, Mr. French advised without state bailout monies the assessments would be increased approximately 50 %. Council, of course, has the option to adjust the proposed assessments outlined in the report. Councilman Tyrell moved to adopt Resolution No. 79 -1815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE ENGINEER'S REPORT FOR A CITY -WIDE LIGHTING DISTRICT, seconded by Councilman Gillanders and carried. Councilman Tyrell moved to adopt Resolution No. 79 -1816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS IN- TENTION TO ORDER THE FORMATION OF A CITY -WIDE LIGHTING DISTRICT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO, the time being June 19, 1979, 7:30 p.m., seconded by Councilman Gillanders and carried. NEW BUSINESS: There was no new business. 9. COMMUNICATIONS: A. Request for Temporary Closure of Ardsley Drive - July 4, 1979 City Manager Koski presented communication from residents on Ardsley Council Minutes, June 5, 19 /'J - rage / Drive, west of Temple City Boulevard to Sparklett Avenue to close Ardsley Drive within these limits from 3:30 p.m. to 10 p.m. on Wednesday, July 4, 1979. The Sheriff's Department and Fire Department will be notified of the specifics as in the past. Councilman Tyrell moved to approve request for temporary closure of Ardsley Drive between subject limits, subject to conditions of adequate barricades and cleaning the street prior to reopening, seconded by Councilman Merritt and carried. 10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: 1 Boyce O'Bannon, 10316 Olive Street, requested an opportunity to make some input to the Engineer's Report relating to the City -Wide Lighting District. Mr. O'Bannon was advised the report was sub- mitted to the Council only this evening, that the City Council will hold a public hearing June 19th for input from the community. Louis Gilbertson, 9232 Sparklett, stated that Council heard from the community during their seminars that residents wished to keep Temple City a single family residential community and expressed his disappointment that the Council is allowing so many condominium developments. Marianne Milch, 6155 N. Kauffman Avenue, introduced Elsa Stone, President of the Temple City Women's Club, who presented, on behalf of the Ways and Means Committee, an American Flag to be used wherever needed in the name of the Temple City Women's Club. Al Lehine, 331 W. Las Tunas Drive, Arcadia, thanked the Council for putting a notice of the Temple City Tennis Club in the new Temple City Newsletter, advising the club now has 89 charter members, with 22 on the waiting list. Mr. Lehine advised there will be a tourn- ament against the Monterey Park Tennis Club to be held June 29 in Monterey Park and the club will be requesting permission to hold some meets on the Temple City courts in the future. IRECESS TO CRA: 1 City Council recessed at 9:30 p.m. to meet as the Community Redevelopment Agency, Mr. Dennis being absent; approved the minutes of the regular meeting held on May 15, 1979 and adjourned to June 19, 1979. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 11. ACTION ON REQUEST BY CRA: There was no action to be taken. 12. MATTERS FROM CITY OFFICIALS: A. Personnel - Various On motion by Councilman Tyrell, seconded by Councilman Gillanders, Council approved classification changes for Park Maintenance Man II, Planning and Engineering Assistant, and a new classification for Steno -Clerk as set forth in staff memo dated June 5; 1979. B. Councilman Gillanders advised that the Assembly bills and Senate bills relating to gun control which were opposed by City Council in their resolution May 1 were all defeated, as was SB 858. 13. ADJOURNMENT: 0 On motion by Councilman Tyrell, seconded by Councilman Gillanders, meeting adjourned at 9:45 p.m. Next regular meeting of the City Council will be held Tuesday, June 19, 1979, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chi - Denutv City Clerk