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HomeMy Public PortalAboutCity Council_Minutes_1979-08-27_Regular 1979CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 21, 1979 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:36 p.m. on Tuesday, August 21, 1979, in the Council Chamber of the City Hall, 2. INVOCATION: The invocation was given by Pastor Robert Knox, Seventh Day Adventist Church, 9664 E. Broadway. 3.. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragicevich, Lt. Jeanne Robertson, Temple Station, and Julie Estrada, Temple City Times At this time, Mr. Sid Munger, Automobile Club of Southern California,. presented the AAA Pedestrian Safety Award for 1978. Mr. Munger advised that of the 400 cities .in .the United States with 25,000 to 50,000 population, Temple City ranked in the 94th percentile; this is the fourth consecutive year Temple City has received the Pedestrian Safety Award, and the eighth out of 12 years the City has participated, Mayor Dennis expressed the Council's appreciation. 5. CONSENT CALENDAR: Councilman Tyrell moved to approve Items A through H on the Consent Calendar as recommended, seconded by Councilman Atkins and carried. A. APPROVAL OF MINUTES: Regular Meeting of August 7, 1979 Approved as written.. B,. L.A. COUNTY REQUEST FOR CITY SOLID WASTE COLLECTION ORDINANCE Received and filed,_. C. LIVE OAK AVENUE IMPROVEMENT PROJECT - PROGRESS PAYMENT Approved payment of the progress billing in the sum of $53,009.57. D. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of August 14 (1) TENTATIVE TRACT NO. 36735, NORTH OF HALLOWELL AVENUE BETWEEN HALIFAX ROAD & ARDEN DRIVE (SEEMAN SCHOOL) Set Public Hearing September 18, 1979. (2) PLANNING COMMISSION ACTION .Received and filed. E. CETA S.UBGRANT.AMENDMENT Approved .the Subgrant Agreement and authorized Mayor and City Clerk to sign. Council Minutes, August 21, 1979 - Page 2 F. APPROVAL OF AGREEMENT: COUNTY AND CITY - BALDWIN AVENUE, LIVE OAK AVENUE TO LOWER AZUSA ROAD Found the project categorically exempt from the provisions of the Environmental Quality Act of 1970 and authorized the Mayor and City Clerk to sign.the.agreement, G. RESOLUTION NO. 79- 1835: EAPLOYMENT OF;PERSONNEL Adopted Resolution No. 79 -1835 A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. A. RESOLUTION NO. 79-1836: WARRANTS & J DEMANDS, Adopted Resolution No.. 79-1836A .RESOLUTION OF, THE, CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS-IN THE' SUM OF $166,442.55, DEMAND NOS. 12654 THRU 12781. UNFINSIHED BUSINESS:. 6o PUBLIC HEARING: EXTENSION OF MORATORIUM RE: STANDARDS FOR CONDOMINIUM ,,CONVERSION, City Manager Koski presented background information, stating the City Council, at their regular meeting held May 15, 1979 adopted Ordinance No. 7.9 -476 as an urgency ordinance, imposing a mora- torium on condominium conversions pending Planning Commission :e studies which expires, September. 12, 1979. , Subsequently,,, City Council .adopted `Ordinance.N.o. 79-478 imposing a. moratorium on new condominium' : developments, expiring ,October 6,..1979. Because the need to ;.study condominium conversions and- new condominium`, development as a unit, the proposed ordinance extending the;: moratorium on condominium conversions has an expiration date'of October 12, 1979 to allow time to complete the studies. ,. Mayor.. Dennis.. declared .. the public hearing open and invited anyone wishing to speak Lo ,come .forward. . There being no one come forward to speak, Councilman Atkins moved to close the public hearing, seconded by Councilman Gillanders and carried. City Attorney Martin introduced Ordinance No. 79 -479 AN ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO. 79 -476 by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Gillanders and carried. NEW BUSINESS:, 7. APPLICATIONS FOR RELIEF FROM MORATORIUM ON CONDOMINIUM DEVELOPMENT PURSUANT TO SECTION 6 OF ORDINANCE NO. 79 -478 City Manager Koski advised-that Section 6 of Urgency Ordinance No. 79 -478 provides for application for relief from the moratorium on the basis of hardship; there are 9 pending tentative tracts with the Planning. Department, 8 of which have filed applications for relief. Mayor Dennis stated no specific guidelines were adopted by Council regarding relief insofar as what makes a hardship case. There are letters from the 8 applicants explaining why they feel a.hardship exists and he would like to hear from each applicant and they may wish to expand on their application, and Council also may wish to ask questions. City Manager. Koski advised that he and the City Attorney had reviewed the ordinance and offer the following as guidelines: 1) time in progress; 2) costs incurred; 3) personal hardship; and 4) whether legal or financial ramifications exist. City Attorney Martin .advised a moratorium always imposes some hardship and the ordinance was written for an inordinate hard- ship over and above that normally associated with a moratorium. Council Minutes, August 21, 1979 - Page 3 (1) TENTATIVE PARCEL MAP NO. 574, 6131 No GOLDEN WEST AVENUE Emil Metz, owner /applicant, stated his is a personal financial hardship; he purchased the property in October 1978 and his inexperience in putting together a development of this nature has caused some delay having originally expected the project would be completed before .December 1979. Mr, Metz advised they have had a cash. outlay .of approximately $3,000 and have a total monthly cost of $1,600 which includes interest loss by deferring sale of their present home and rental loss on the residence at 6131 Golden West Avenue. In answer to questions from _Council Mr. Metz advised he purchased the property with borrowed funds, that no escrow is pending, and that the staff has been most cooperative in assisting him with his application for tentative tract. Councilman Tyrell stated Mr. Metz total monthly cost represents a substantial outlay and .on that basis he moved to approve application for relief un.de.r Section 6 of Ordinance No. 79 -478, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Merritt, Tyrell, Dennis NOES:, Councilmen- Atkins, Gillanders (2) TENTATIVE TRACT NO, 35584, 6351 TEMPLE CITY BOULEVARD (3)..TENTATIVE TRACT NO, 37582, 4503 -15 ELLIS LANE Lui.e Arias, representing J. H. Hedrick & Co., owner /applicant, stated his company has gone through an expensive process; their - application was denied by Planning Commission, following delay for a full Environmental Impact Report, on the basis of an existing non - conforming structure relating to Tract 35584; that the company. incurs. $1,800 per month on escrow extensions relating to Tract 37582. Mr. Arias was unable to answer some questions put forth by Council and simply stated his company has incurred a hardship because of time on Tract 35584 and a financial hard- ship. on Tract 37582. Councilman Tyrell moved to .deny application for relief under Section 6. of Ordinance No. 79 -478 for Tentative Tract No, 35584 and ,Tentative Tract. No. 37582, seconded by Councilman Gillanderso Mr,. Bob Meyer, J. H. Hedrick & m. Co, advised stated Tract 35584 has been. In the hands of.the City approximately nine months; Tract 37582 involves another party in escrow, Councilman. Tyrell withdrew his motion on the basis the application was inadequately presented, approved by Councilman Gillanderso Councilman Tyrell moved to continue Tentative Tracts 35584 and 37582 to September 18, 1979, seconded by Councilman Gillanders and carried, Councilman Atkins noting his objection. (4) TENTATIVE TRACT NO, 38313, 5122 -24 ROSEMEAD BOULEVARD King Luk, owner /applicant, stated he did not address himself to financial facts because he misunderstood Section 6; the tract development involves a limited partnership with the partners having limited resources and no income is coming from the pro- perty which imposes a financial hardship. He stated he has pursued this. application for tentative tract diligently with the Planning Department., Mayor Dennis noted t.hat. no Environmental Impact Report has as yet been submitted and the matter was scheduled for a hearing before the Planning Commission. in September. Council Minutes, August 21, 1979 - Page 4 Councilman Tyrell stated the application was filed with. the Planning Department in July, the application. is not completed and normal process of the application will take some time yet. Councilman Tyrell moved to deny on the basis a hardship does not exist, seconded by Councilman Gillanders and carried, Councilman Merritt noting his _objection. (5) TENTATIVE TRACT N0. 38349, 5048 SERENO AVENUE Mrs, Lois Yount, 5048 Sereno Avenue, stated she has found a home in Montclair which .is. in escrow, her escrow with the developer for her present. home .being this week. Her children are already enrolled in Montclair schools, her son in a special education class not available in Temple City. In answer to questions. from City Council, Mrs. Yount advised her home has been in escrow approximately four months and a condition of the sale to the developer of the property is being able to continue with his application for tentative tract to _construct six condominiums, Councilman Atkins stated he is opposed to any extensions for financial reasons, however this applicant is incurring a personal hardship because of her commitment to purchase another property, and moved to grant an exemption from Ordinance No. 79 -478 for Tentative Tract No, 38349, seconded by Councilman Tyrell and carried, -(6)- TENTATIVE TRACT NOe 37830, 6004 -6018 ROSEMEAD BOULEVARD Mr, Frank Saum.ur, Noliau Development Co., owner /applicant, stated this tentative tract has been in .process since May 1978; an 18 unit apar.L.m.ent was denied. and since that time they have been working .on a 15 unit condominium development and filed their new .concept with the Planning Department in April 1979. The tract has been approved by the Los Angeles County Subdivision Committee, the EIR has been .submitted and a delay would be a severe personal hardship In. that he is paying $600 interest on borrowed funds as well as having incurred additional expenses for engineering and the Environmental Impact Report, Councilman Tyrell noted that .the application states their counsel is. _preparing the CC &R`s which should require a good portion of the .60 days. Councilman Tyrell moved to deny on the basis a hardship. does not exist, seconded by Councilman Gillanders and carrieda. (7) TENTATIVE TRACT NO, 359.82, 5520 SULTANA AVENUE Mr, Robert Meyer, owner, stated his original request for a 9 unit condominium project was .denied on the basis of existing structures; that he obviously has taxes. and on -going expense in interest payments, but most important he is concerned with his status if a new ordinance is adopted changing the requirements for condo- minium development, and inquired if he would have to start over from .the beginning, Councilman Gillanders responded that should Council adopt a new ordinance he would fall under whatever regulations apply after the passage of the new ordinance: In .response to Council'.s. question, City Attorney Martin advised if changes are made in. the ordinance any application. for tentative tract still pending would have to comply with the new requirements. Councilman Atkins. moved to deny application for relief from. Section 6 of Ordinance No, 79 -478 for Tentative Tract Noe 35982, seconded by Councilman Gillanders and carried, 1 1 Council Minutes, August 21,.1979.- Page 5 (8) TENTATIVE TRACT NO. 37828, 5819 ALESSANDRO Mr. Allan Chip.p, .owner. /app.licant, stated his project began 13 months ago; the tentative ,tract has L. A. County Subdivision Committee approval and the Environmental Impact Report has been filed.. He felt the moratorium is unfair to those people who have been working on their projects any length of time. Mr. Chipp_also stated a financial burden of $800 per month exists. Councilman Merritt moved to .deny.application for relief from Section 6 of Ordinance .No. .7.9 -47.8 in that this tentative tract was scheduled for hearing before the Planning Commission in September and the process will take the length of time the moratorium is effective, seconded by Councilman Gillanders and carried. 8. COMMUNICATIONS: A. Temple City Ministerial Association and Church Women United re:. Request for UNICEF Drive, October 31, 1979 City Council received request from Temple City Ministerial Association and Church Women United for permit to solicit for UNICEF October 31, 1979 and at the; organizations' request, continued the matter to September 18, 1979. B. Claim for Damages:... Automobile Club of Southern California City Manager. Koski .presented .claim for damages from Automobile Club of Southern California for subrogation rights resulting from an accident at Las Tunas Drive and Rosemead Boulevard at a time when Caltrans was working on ,the traffic signals. Councilman Gillanders moved to deny and refer to JPIA, seconded by Councilman Merritt and carried. TIME FOR THOSE IN. THE AUDIENCE WHO WISH TO SPEAK: King Luk inquired .whether .he should proceed with his tentative tract based on the current ordinance. City Attorney Martin advised any applicant for tentative tract does have the right to proceed with his..p.roj.ect, however the Council has put notice forth they will not process applications and if changes are made in the ordinance, applications pending might be affected, 'and therefore, anyone proceeding with their project will be doing so at their own risk. ..RECESS..T0 CRA:. City Council recessed at 9 p.m. to meet as the Community Redevelopment Agency, all members being present; and approved the minutes of the regular meeting held August 7, 1979. The minutes are set forth in full in the records of the Agency. .RECONVENE AS CITY COUNCIL: I 9. ACTION ON REQUEST BY CRA: There was no action to be taken. 10. MATTERS FROM CITY OFFICIALS: A. Request for Time Extension - Parcel Map No. 570 (L. A. County No. 10279) - 6355 Golden West Avenue City Manager. Koski advised the City received a request for an extension of time to record subject Parcel Map subdividing the property located at the southwest corner of Golden West Avenue and Val Street into two parcels, each containing a single - family residence. Council Minutes, August 21, 1979. - Page 6 Councilman Atkins moved to approve extension of time to record Parcel Map to October 21, 1979, seconded by Councilman Gillanders and carried. Bo Mayor Dennis directed Council's attention to draft of letter concerning AB 8 which will be forwarded to our local state legislators and the members of the joint Assembly- Senate Confer- ence Committee on AB 80 ... C. Councilman Gillanders moved to confirm Mayor Dennis' appoint- ment of Sig Caswell to the vacancy on the Parks and Recreation Comiuission to a term ending June 30, 1980, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Merritt, Dennis NOES: Councilmen - Tyrell D. Councilman Tyrell directed attention to the memo from Acting Captain John Biard advising that during the work stoppage four Sergeants and one Deputy provided patrol services to Temple City, stated he felt they should be recognized with a Certificate of Appreciation. On motion by Councilman Merritt, seconded by Councilman Tyrell, the Council meeting recessed to a Study Session at 9:10 p.m. Council reconvened at 10:25 p.m. on motion by Councilman Tyrell, seconded by Councilman Merritt.and carried. E. Emergency Operations Center It was moved by Councilman Tyrell to make necessary minor modifications to the proposed plan, develop a set of specifications and authorize advertising for bids for the conversion of the library basement to an Emergency Operations Center, seconded by Councilman Gillanders and carried, Mayor Dennis noting his objection. 11. ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Atkins, meeting adjourned at 10:30 p.m. Next regular meeting of the City Council will be held Tuesday, September 18, 1979, 7:30 p.m., in the Council Chamber of the City Hall. ATTEST: Deputy City C er