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HomeMy Public PortalAboutCity Council_Minutes_1983-01-18_Regular 19831 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 18, 1983 INITIATION: 1. CALL TO ORDER: Mayor Pro Tem Dennis called the regular meeting of the City Council to order at 7:33 p.m. on Tuesday, January 18, 1983, in the Council Chamber of the City Hall. The invocation was given by Reverend Robert O'Kane, First United Methodist Church, 5957 N. Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Dennis. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Swain Absent: Mayor Tyrell Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Parks and Recreation Director Kobett, and Planning Director Shaw. 5. CONSENT CALENDAR Councilman Gillanders requested that Items 5(B -1) and 5(C -1).be re- moved from the Consent Calendar; Councilman Dennis requested that Items 5(D -2), 5(F) and 5(I) be removed from the Consent Calendar; and Councilman Atkins requested that Items 5(E) and 5(H) be removed from the Consent Calendar. Mayor Tyrell arrived at 7:35 p.m. On motion by Councilman Atkins and seconded by Councilman Gillanders all other items on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting January 4, 1983 Approved as written. B. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting January 5, 1983. (2) LAS TUNAS DRIVE AT LOMA AVENUE - RTD BUS ZONE EXTENSION Approved the extension of the RTD bus zone on the north side of Las Tunas Drive, east of Loma Avenue, for westbound buses. The cost is to be borne by RTD. C. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting January 11, 1983. (2) PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE TO MODIFY, DELETE AND CHANGE THE PERMITTED USES WITHIN THE C -1 ZONE AND TO MODIFY THE RESTRICTIONS ON USES IN THE C -1 ZONE UNDER SECTION 9371, AND TO ESTABLISH A NEW C -1 -R (LIMITED COMMERCIAL- RESTRICTED) ZONE AND ESTABLISH BOUNDARIES FOR THE NEW C -1 -R ZONE. Set Public hearing February 1, 1983, to consider a proposed amendment to the C -1 Zone approved by the Planning Commission at their regular January 11, 1983 meeting. (3) PLANNING COMMISSION ACTION Received and filed memo from Planning Commission relating to action taken at their regular meeting held January 11, 1983. D. RECOMMENDATION FROM PARKING COMMISSION - Meeting January 12, 1983. (1) RENEWAL OF AGREEMENT: PERMIT TO CROSS OVER PEDESTRIAL MALL PUBLIC PARKING LOT 5, PARKING DISTRICT 3 - A. W. Driver Council Minutes, January 18, 1983 - Page 2 Approved renewal of agreement to March 8, 1984, subject to all conditions set forth in staff memo dated January 5, 1983. G. CLAIM FOR DAMAGES: (1) Elizabeth Johnson, 5926 Camellia Avenue (2) Rose Cogorno, 6348 Del Loma, San Gabriel Received two claims for damages which were denied and referred to JPIA. CONSENT CALENDAR ITEM B(1) REQUEST FROM KIWANIS CLUB OF TEMPLE CITY - ANNUAL LINE OF DIMES. Councilman Gillanders expressed concern regarding safety and the City', liability relating to functions approved by council such as the annual Line of Dimes. The four -way flashing red signals, the public address systems, and cones that were used, made this activity more susceptible to accidents. City Manager Koski stated the City is named as an addi- tional insured with limits of one million dollars. Council concluded that sum was not sufficient and more coverage should be required in the future, however, since it is too late to obtain more coverage for this event and since the City is protected under its excess liability policy, it would be appropriate to approve this request and instructed staff to advise the Kiwanis Club to submit their request no later than November in ensuing years. Councilman Dennis moved to approve the Kiwanis Club request to conduct its annual Line of Dimes Campaign on January 28, 1983, from 10:00 a.m, to 4:00 p.m. with City Staff informing them that more insurance coverage to protect the City will be necessary for future events, seconded by Councilman Swain and carried on a roll call vote: ROLL CALL: • AYES: Councilman Dennis, Swain, Tyrell NOES: Councilman Gillanders Abstain: Councilman Atkins CONSENT CALENDAR ITEM C(1) PROPERTY NUISANCE CASE NO. 82 -85 - 10305 OLIVE STREET. City received an appeal to the Planning Commission Resolution No. 83- 1043PC determining the existence of a public nuisance and on motion by Councilman Atkins, seconded by Councilman Swain, and carried to set public hearing for February 1, 1983.. 1 CONSENT CALENDAR ITEM D(2) RENEWAL OF AGREEMENT: PERMIT TO CROSS OVER PEDESTRIAN MALL PUBLIC PARKING LOT 1A, PARKING DISTRICT 1 - Zager Smith Carpet. Councilman Dennis stated in his opinion the permit should be denied in that for a number of years this company has not maintained the wood ramp and it is a safety hazard. Councilman Gillanders expressed his concern that by renewing the agreement the council is placing itself in a posi- tion of accepting liability, and agreed with Councilman Dennis that the permit should be denied. Mayor Tyrell stated the company should be given an opportunity to defend its position. Councilman Gillanders moved to suspend the permit and set the considera- tion of the renewal of agreement for council hearing on February 1, 1983, seconded by Mayor Tyrell and carried. CONSENT CALENDAR ITEM E. PROGRESS PAYMENT: SLURRY SEAL PROJECT, MAINTENANCE AREA NO. 2 - D & D Asphalt. Councilman Atkins questioned whether the City was obligated to make a progress payment for work that was completed in an unsatisfactory manne stating that in his opinion it was the worst slurry seal he has seen in the City in the past 20 years. Councilman Gillanders agreed with Council- man Atkins stating it was the worst job he saw and questioned the quality of inspection being done by county employees. City Attorney Martin in- formed council that they are not bound by county recommendations. Councilman Atkins moved the approval of the progress payment be con- tinued until February 1, 1933, meeting and instructed staff to contact the contractor to bring the work up to specifications, seconded by Councilman Gillanders, and carried. Council Minutes, January 18, 1983 - Page 3 CONSENT CALENDAR ITEM F. APPROVAL OF CHANGE ORDER: SLURRY SEAL PROJECT The council questioned the discrepancy regarding the shortage of materials from the original estimate. City Manager Koski stated that the bids were based on the unit price per ton and not on the number of tons used and more material had to be used due to the rough surface of the chip. Councilman Swain moved to approve the additional 158 tons of slurry at a cost of $54.71 per ton necessary to complete the change order, seconded by Councilman Dennis and carried. CONSENT CALENDAR ITEM H. RESOLUTION NO. 83 -2118: WARRANTS AND DEMANDS Councilman Atkins questioned check #5124. City Manager Koski informed Councilman Atkins that the seminar expenses were for legislative seminar expenses for Councilman Gillanders. 1 Councilman Atkins moved to Adopt Resolution No. 83 -2128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $68,561.82, DEMANDS NO. 5115 THRU 5176, seconded by Councilman Swain and carried. CONSENT CALENDAR ITEM I. RESOLUTION NO. 83 -2129: DENYING CUP 82 -661. Councilman Dennis requested a roll call vote based on the fact that he had voted against the motion at the last council meeting. Councilman Atkins moved to adopt Resolution No. 83 -2129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING CUP 82 -661, seconded by Councilman Swain and carried on a roll call vote. ROLL CALL: AYES: Councilman - Atkins, Gillanders, Swain, Tyrell NOES: Councilman- Dennis 6. UNFINISHED BUSINESS: A. CONTINUED PUBLIC HEARING: ANNEXATION 82 -1. Mayor Tyrell asked if there was anyone present who wished to change their minds on the protest petition they signed, there being no one to come forward, Councilman Swain moved to close public hearing, seconded by Atkins, and carried. City Manager Koski presented background material stating that the council having continued the public hearing to verify signatures on the protest petition reported on the results which have been submitted to council whereby 52.46% of the registered voters were verified as being qualified electors. It would be appropriate at this time to terminate the annexa- tion proceedings. Councilman Dennis moved to terminate the Annexation 82 -1, seconded by Councilman Atkins and carried. 6. B. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DENIAL OF ZONE VARIANCE 82 -669, 8760 BURCHARDT ROAD City Manager Koski presented background information stating the Planning Commission, at their regular meeting held December 14, 1982, denied a request for a zone variance to allow creation of three R -1 lots with substandard lot areas and substandard lot widths, in that the request did not meet the criteria required for granting a variance. The Planning Commissioners concluded that granting a variance to allow creating of substandard lots is injurious to the public welfare and creates greater density than permitted by the General Plan. The appellant filed the appeal within the required period of time and council at their regular meeting held January 4th, set public hearing for this evening. Planning Director Shaw presented a video tape taken of the lot which is to be subdivided and the surrounding homes in the area. This area became a part of Temple City by annexation. Council Minutes, January 18, 1983 - Page 4 Mayor Tyrell declared the public hearing open and invited anyone wish- ing to speak in favor of the appeal to come forward. Councilman Dennis moved to include the Planning Commission minutes as part of the record, seconded by Councilman Gillanders, and carried. Fred Kennedy, attorney for the appellants, stated his clients have owned the property for a few years and are desirous of splitting it into three lots of approximately 5965 square feet each. The conflict arises with the City requirement of 7200 square feet per lot. In a 300 foot radius of this property, 17 lots are smaller than the 5965 square foot lots which his clients are requesting. Additionally, it is the only remaining undeveloped land in the area with unattractive rundown dwellings. Two of the dwellings would be replaced with new homes and the third would be improved. Several of the neighbors have signed a petition requesting the split be allowed because it would in- crease the value of their property and would conform to the neighborhood. Hugh Kruythoff, stated he lives directly across the street, the size of his lot is 5800 square feet, and feels it would improve the value of his property and would be aesthetically appealing. Dennis Sullivan, 8746 Burghardt, stated his house is on a 6000 square foot lot and he would like to see the old dwellings removed, and that a two lot split would not be economically feasible. Sandy Montanino, Century 21, represents the owners and buyers. The buyer would like to build her own home, and it would be more suitable to have home owners as opposed to renters. There being no other persons that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Swain and carried. Councilman Dennis felt the applicant was being denied rights enjoyed by others in the neighborhood whose lots are also substandard, and the proposed lot sizes would conform to the neighborhood. Councilman Dennis had no objection to the appeal nor the front yard facing Muscatel. Councilman Swain did review the property and surveyed the area and acknowledged that they do have substandard size lots and felt the house facing on Muscatel is acceptable and she did agree with Councilman Dennis and would be in favor of granting the appeal. Councilman Gillanders was also familiar with the area and stated to have to be locked in with the 7200 square foot requirements prohibits the property owner from developing the property. He supported the idea of granting the appeal. Councilman Atkins felt the proposed development is consistent with the surrounding properties and denying the appeal would deprive the property owner the same rights enjoyed by his neighbors. He also agreed that the house facing on Muscatel should remain so. Mayor Tyrell agreed with the other council members and would grant the appeal. Councilman Atkins moved to grant the appeal and to instruct the staff to prepare the appropriate resolution setting forth the conditions for approval of a variance to be adopted at the February 1 meeting, second by Councilman Dennis and carried. 6 C. PUBLIC HEARING: 7:30 p.m. ASSESSMENT FOR STREET IMPROVEMENTS - CAMINO REAL, OAK AVENUE EASTERLY 366 FEET (Curb, gutter and drive- way approaches, Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information stating the City Council at their regular meeting held November 16, 1982, accepted the work completed under the contract and, having received the report of 1 1 Council Minutes, January 18, 1983 - Page 5 completion and cost of construction, set public hearing for January 18, 1983, for the purpose of approving the proposed assessments for each property within the project limits. The property owners have been notified of tonight's public hearing. Mayor Tyrell declared the public hearing open and invited anyone wish- ing to speak to come forward. There being no one that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Atkins, and carried. Councilman Atkins moved to approve the assessments per the City Manager's memo, seconded by Councilman Gillanders and carried. NEW BUSINESS: None. 8. COMMUNICATIONS: A. Temple City Performing Arts - Request to hang banner at Temple City Boulevard and Las Tunas Drive, March 1 -20, 1983. City Council received a letter from Temple City High School Performing Arts Department to hang a banner at the intersection of Las Tunas Drive and Temple City Boulevard Tuesday, March 1 through Sunday March 20th for their annual musical. The High School Booster Club holds a lia- bility policy for the. City. Council felt the City should be named as an additional insured by the contractor and that both policies be in the sum of one million dollars. Councilman Gillanders moved to approve the request to hang a banner subject to a certificate of insurance on file in the City Clerk's office from the Temple City High School Booster Club and the contractor performing the work, each naming the City of Temple City additionally insured and that both policies have liability limits of one million dollars. 9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Bob Pitts, 5312 Degas, stated he would like to add testimony on the slurry seal project. He had discussed the matter with his neighbors and they were all disappointed in the type of work that was done, the manner in which the workmen disregarded public property; the workmen cleaned their shoes on the cement, stained the grass, caused water backup and allowed the slurry to overlap onto the cement. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, all members being present, approved the minutes of the regular meeting of January 4, 1983, and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: IIThere was no action to be taken. 1. MATTERS FROM CITY OFFICIALS: A. League of California Cities City Managers' Spring Conference, Monterey, February 16 -17, 1983. Councilman Gillanders moved to approve the City Manager's attendance at League of California Cities City Managers' Spring Conference, to be held in Monterey, February 16 -17, 1983, and authorized necessary expenses, seconded by Councilman Dennis and carried. Council Minutes, January 18, 1983 - Page 6 B. CONTRACT CITIES FIRE INSURANCE PROPOSAL. City Manager Koski presented a memo from California Contract Cities regarding the assessment due by the City for a municipal fire insurance study to provide coverage for private property within the contract cities. Council felt Temple City should utilize this program and that it was money well spent. Councilman Gillanders moved to approve the assessment for the study program, appropriate additional funds in the amount of $1,000.00 and amend the adopted budget accordingly, seconded by Councilman Swain and carried. C. GANNETT vs. CITY OF TEMPLE CITY Mayor Tyrell informed Council that Gannett Outdoor Advertising has filed their Notice of Appeal from the Order sustaining defendant's demurrer without leave to amend and the Order of dismissal. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, meeting adjourned at 8:50 p.m. Next regular meeting of the City Council will be heard Tuesday, February 1, 1983, 7:30 p. m. in the Council Chamber of the City Hall. ATTEST: Chi f Deputy City Clerk MAYOR 1 1