HomeMy Public PortalAboutCity Council_Minutes_1984-11-20_Regular 1984CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
NOVEMBER 20, 1984
INITIATION:
1. CALL TC CRDER:
Mayor Swain called the regular meeting of.the City Council to order at
7:30 p. :n. on Tuesday, November 20, 1984, in the Council Chamber of the
City Hail.
2. The invc)cation was given by Reverend Charles Woodworth, First United
Methodi...t Church, 5957 Golden West Avenue.
3. The Ple(:g of Allegiance to the Flag was led by Mayor Swain.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis, Gillanders, Tyrell, Swain
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Shaw, Parks & Recreation Director Kobett,
Public Works Coordinator Peterson, and Julie Estrada
of the Temple City Times.
5. CONSENT CALENDAR:
On motion by Councilman Tyrell., seconded by Councilman Dennis, Items
A through F on the Consent Calendar were approved as recommended sub-
ject to the correction of the Minutes of the Adjourned Meeting of
November:° 8.
A. APPROVAL OF MINUTES
Regu'.ar Meeting of November 6, 1984 - approved as written.
Adjourned Meeting of November 8, 1984 - approved as corrected to
reflect the fact that Councilmen Dennis and Atkins by written and
oral• communication respectively, expressed support for the low bid
from Pinner Construction and to proceed with the City Hall remodel.
B. RECOM1ENDATION FROM TRAFFIC COMMISSION MEETING OF NOV. 7, 1984:
ADD;,T,LONAL REGULATIONS - Woodruff Avenue and Rowland Avenue
Appvc!ed additional red curbing to correct visibility as outlined
in t:.ff memo of November 8, 1984.
C. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF NOV. 13, 1984:
(1) PROPERTY NUISANCE CASE 84 -125 (5702 Rowland)
Adopted Resolution No. 84 -2319 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC
NUISANCE, AND ORDERING ABATEMENT THEREOF.
(2) PLANNING COMMISSION ACTION
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting of November 13, 1984.
D AC=TANCE OF WORK: CHIP AND SLURRY PROJECT - MAINTENANCE AREA 3A
(ENGINEERING CORPORATION OF NORTH AMERICA - ECNA) •
Accepted work performed subject to corrective work on Las Tunas
Drive.; authorized filing Notice of Completion after corrective
wort: is completed on Las Tunas Drive; authorized payment in the
SUN of $36,455.81; and payment of the 10o retention at the end
of `e 35 -day lien.period.
E. RES :)LJTION NO. 84 -2317: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 84 -2317 A RESOLUTION OF THE CITY COUNCIL
OF :EH CITY OF TEMPLE CITY APPOINTING PERSONNEL.
Council Minutes, November 20, 1984 - Page 2
F. RESOLUTION NO. 84 -2318: WARRANTS AND DEMANDS
Adopted Resolution NO. 84 -2318 A RESOLUTION OF THE CITY COUNCIL OF.
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$134,921.28 DEMAND NOS. 8680 THRU 8754.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: 7 :30 P.M. - REQUEST FOR TENTATIVE TRACT NO. 43195
TO ALLOW DEVELOPMENT OF AN 8 -UNIT RESIDENTIAL CONDOMINIUM (4456-
4504 Temple City Boulevard) Continued from September 18 meeting.
City Manager Koski presented background information stating City Coun 1
held public hearing on September 18, 1984, certified the Environmental
Impact Report and with applicant's approval continued the matter to
allow time for the existing adjacent property nuisance to be resolved.
On November 13, 1984, the Planning Commission reviewed a request for
zone change and associated development agreement relevant to this ad-
jacent property nuisance. The Planning Commission continued the
request to December 11 in an attempt to arrive at a development which
is compatible with the surrounding area. The owner would be willing
to notify future owners of the condominiums of the potential nuisance
and assume any potential City liability stemming from such nuisance.
The litigation regarding the public nuisance issue involved is pend-
ing pursuant to the development agreement which is one, of the admin-
istrative approaches to resolving some of the conflict.
City Attorney Martin informed Council this matter cannot be continued
if there is no support for a continuance; it must be a }ctted on; a valid
reason is needed to vote it down; and the pending litigation does not
constitute a valid reason.
Mayor Swain declared the public hearing open and invited anyone wish-
ing to speak to come forward.
James Harley, 9631 Business Center Drive, Rancho Cucamonga, stated a
study was conducted with regards to costs of fire sprinkler systems,
and their quotation of $45,000 for installation would be a prohibitive
additional cost to this development and would like to Propose a pre -
wired smoke fire alarm system perhaps wired to the local` fire station.
Regarding the CC &R's, they are proposing a one year serf- expiring clause
after the filing of the Notice of Completion which should give time to
resolve the noise problem. The clause would hold the d'eyeloper
liable and accountable to the City of Temple City for any noise or
nuisance from the adjacent property. The owners of both the subject
property and alleged nuisance property to the north would hold the City
harmless against any claims arising from the alleged n__sance.
There being no one else that came forward to speak, Councilman
Gillanders moved to close public hearing, seconded by Councilman
Dennis and unanimously carried.
• Councilman Dennis felt the safety of the individuals on the property
was of primary concern and regardless of the cost of f're sprinklers
they should be installed, although he felt the price quoted probably
would be for a major system versus a modified one to accommodate these
residential units. He also felt as long as the adjacent'public nuis-
ance existed, the City would expose itself to that liability and
perhaps a bond protecting the City from that liability would be in
order.
Councilman Gillanders felt the fire sprinklers were essential and we
would knowingly be,placing other people intentionally in danger. He
was also concerned about indemnification as far as the City is con-
cerned and stated if the potential buyer is told of the existence of
the public nuisance he would not recognize just how severe the problem
is unless he is taken to the site; and until the problem is rectified
the City would become part and parcel of an ongoing problem.
The remaining Councilmembers shared the above concerns.
Council Minutes, November 20, 1984 Page 3
Councilman Tyrell moved toy certify the' Environmental Impact Report;
adopted Resolution No. 84- 2320 A RESOLUTION OF. THE CITY COUNCIL OF
THE CITY,OF TEMPLE CITY APPROVING RESOLUTION NO. 84 -1140 P.C. (TENTA-
TIVE TRACT 43195 WITH ADDITIONAL CONDITIONS; the additional conditions
being 1) the final map will not be approved until such time as the
developer and the City through the City Attorney have reached a satis-
factory arrangement regarding the CC &R's and Division of Real Estate
Report notifying the buyers and indemnifying the City against any
potential:public nuisance now being litigated; and 2) that a fire
sprinkler system, as approved by the Fire Department shall be in-
stalled in each garage, seconded by Councilman Dennis and carried on
a roll call vote.
ROLL CALL:
AYES: Councilmen- Atkins, Dennis, Tyrell, Swain
NOES: Councilmen - Gillanders
B. PUBLIC HEARING: 7 :30 P.M. - APPEAL OF A DECISION BY THE PLANNING
COMMISSION DENYING A REQUEST FOR ZONE VARIANCE TO REDUCE THE RE-
QUIRED SIDE YARD SETBACK FROM 5 FEET TO 1 -1/2 FEET TO ALLOW CON-
STRUCTION OF A GARAGE AT 9232 LIVE OAK AVENUE
City Manager Koski presented background information stating the City
received an appeal from Frank Caputo regarding the Planning Commission
denial,fOr a zone variance to reduce the required side yard setback
from 5 feet to 1 -1/2 feet for construction of a three stall garage.
The Planning Commission denied the request on the basis that a parking
facility can be constructed according to code; the proposed develop-
ment fails to meet the criteria for a variance; and the proposed
locationrnay affect the property value and /or development of the
property'directly to the east of the subject property.
Councilman Atkins moved to include all prior documentation and minutes
of the Planning Commission meeting as part of the record, seconded by
Councilman Gillanders and unanimously carried.
Mayor Swain declared the public hearing open and invited anyone wish-
ing to `speak to come forward.
Bob Calh6un, 612 Commonwealth Avenue, Alhambra, builder for the
appellant stated the placement of the garage as requested by Mr.
Caputo is the only feasible way a three car garage could be con -
structed on the narrow size lot and demonstrated althernatives which
he felt would not work. He stated the construction would raise the
value of the property rather than depreciate it; removing the trees
would provide only an additional 17 inches and a variance of some
sort would still be required; the new ordinance applies to new sub-
division,_:, and does not deal with narrow existing lots; does not
recommend building the garage close to the trees because of damage
caused by trees located too close to construction; and requested
Council'4rant Mr. Caputo's appeal.
Frank Caputo, 9232 Live Oak Avenue, stated the location of the garage
would to the most convenient location; did not want a garage in front
of the,rari,trance to his house; wants to put up a garage that will en-
hance the neighborhood and increase the value of his property; is
trying,to do something that will help the neighborhood by providing
a place for his cars and tow truck which he acknowledges is unsightly
and requested his appeal be granted.
Robert:IvI;.lam, 9238 Live Oak, stated he was opposed to the zone variance
on the basis that realtors informed him it would decrease the value of
his property by building a garage in the front yard.
Sabra Mason, 5710 Rio Hondo, Temple City, felt Mr. Caputo was running
a business at his residence since there were so many cars in the
front yard which does not add to the neighborhood.
There being no one else that came forward to speak Councilman
Gillande %s moved to close public hearing, seconded by Councilman
Atkins and unanimously carried.
Council Minutes, December 20, 1984 - Page 4
Councilman Atkins stated the reasons for granting variances are to
accommodate situations where there is something unique about a piece
of property and it needs a special privilege to bring it up to where
it can be used equally with its neighbors. That does npt, appear to
be the case with this property and did not feel there was any legal
basis for granting the variance.
Councilman Tyrell stated the City has strict requirements and does
not feel the appellant has met those requirements.
Councilman Gillanders in reviewing the Planning Commission minutes
noted that it was denied because it failed to meet the.criteria for
granting a variance. In his appeal, the appellant stated he has more
facts which he would present in favor of the variance, but no case was
presented which would allow a variance to be granted.
Councilman Dennis stated he would like to be able to grant the variance
since he felt the orientation of the garage toward that side of the lot
would enhance the overall appearance of the property, however, based
on the alternatives that are available to the appellant for relocat-
ing the garage to conform with the code, did not see any alternative
but to deny the request.
Councilman Atkins moved to reaffirm the decision of the planning Com-
mission and deny the request for a zone variance, seconded by Council-
man Gillanders and unanimously carried.
C. ORDINANCE NO. 84 -554 (2nd reading) PROVIDING FOR A CHANGE OF ZONE
FROM R -1 TO RPD AT THE NORTHWEST CORNER OF LOWER AZUSA ROAD AND
THE EXTENSION OF GOLDEN WEST AVENUE
City Attorney Martin stated this is an ordinance of the City Council
of the City of Temple City providing for a change of zone from R -1 to
RPD, known as RPD Case No. 84 -720, rezoning the northwest.corner of
Lower Azusa Road and Golden West. This has been subjectzto a hearing
has received its 1st reading and would normally be read:yfor a 2nd
reading. There has been some intervening action with adjacent Tract
No. 43136.
Councilman Tyrell moved to waive further reading and adopt Ordinance
No. 84 -554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF TEMPLE CITY
PROVIDING FOR A CHANGE OF ZONE FROM R -1 TO RPD (RPD 84 1- 7.20, seconded
by Councilman Atkins, and unanimously carried.
7. NEW BUSINESS:
None.
8. COMMUNICATIONS:
None.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward to speak.
RECESS TO CRA:
t
At this time Council recessed to meet as the Community Redevelopment Agenc•--
approved the minutes of the regular meeting of November 20,:.1984; approved
request for approval of enclosure for garden shop canopy for K -Mart; 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:
There was no action to be taken.
Council Minutes, November 20, 1984 '4-Page 5
11. MATTERS FROM CITY OFFICIALS:
A. REQUESTED ACTION - AMBULANCE SUIT (California Contract Cities)
Councilman Tyrell stated California Contract Cities Association re-
quires:a.imotion by Council if the City of Temple City is to join the
other cities as an intervenor in the class action suit against the
County of Los Angeles to reclaim the money Temple City has paid in
past ye'a's for ambulance charges.
Councilman Gillanders moved to authorize California Contract Cities
Association Counsel to join the City of Temple City as an intervenor
in the ambulance suit against the County of Los Angeles as set forth
in thei.r.'letter of November 13, 1984, seconded by Councilman Atkins
and unanimously carried.
B. CALIFORNIA CONTRACT CITIES ASSOCIATION LEGISLATIVE TOUR -
JANUARY 15 -17, 1984
Councilman Gillanders moved to approve the attendance of the City
Council and City Manager at the Legislative Tour in Sacramento and
authorize necessary expenditures, seconded by Councilman Atkins and
unanimously carried.
C. RECLASSIFICATION OF ASSISTANT PLANNER POSITION TO PLANNING
TECHNICIAN
City Manager Koski stated staff recommends a reclassification of
positions to reflect the intended duties and qualifications for the
position providing support to the Planning Director.
Councilman Gillanders moved to approve the reclassification of
Assistant Planner position to Planning Technician; establish the
salary :schedule for Planning Technician at Range 49.5; and confirm
appointment of Scott Stevenson to the position of Planning Technician
by Resolution No. 84 -2317, seconded by Councilman Atkins and unani-
mously d rried.
D. REQUEST FOR REIMBURSEMENT - COMMISSIONER BREAZEAL
LEAGUE OF CALIFORNIA CITIES MEETING - SACRAMENTO
Councilmai Dennis moved to approve reimbursement for necessary ex-
penses incurred by Commissioner Breazel in Sacramento for the purpose
of planning the 1985 Planning Commissioners' Institute, seconded by
Councilman Gillanders and unanimously carried.
E. SUBMISSION OF REFERENDUM PETITION PROTESTING ORDINANCE NO. 84 -553
City Manager Koski presented background information stating a referen-
dum petition protesting the adoption of Ordinance No. 84 -553, which
Ordinance provides for a zone change from R -1 to RPD of the northeast
corner of Lower Azusa Road and Golden West known as prospective tract
43136, was received by the City within the time prescribed by law.
The City has 30 days from submission of the petition in which to have
the signatures verified. Verification by the County Registrar's
office will take an estimated 7 -10 days at a cost of $1.01 per signa-
ture. Upon certification by the County to the City of a sufficient
petition, the Council then has three options: 1) repeal the Ordinance;
2) place the referendum on the next Municipal Election ballot in April
1986; or :3) call a special election.
Councilman Tyrell moved to authorize signature verification by the
County Registrar's office at $1.01 each and amend the adopted budget
accordingly, seconded by Councilman Atkins and unanimously carried.
F. REQUEST FOR FACILITIES FOR 41ST ANNUAL CAMELLIA FESTIVAL -
FEBRUARY 22,23, 24, 1985.
City Manager Koski presented communication from the Camellia Festival
chairman requesting use of facilities related to the 41st Annual
Camellia Festival.
Council Minutes, November 20, 1984 - Page 6
Councilman Gillanders moved to approve the use of facilities re-
lated to the 41st Annual Camellia Festival as set forth in their
request dated November 15, 1984, subject to all necessary permits
and the required Certificate of Insurance, seconded by Councilman
Dennis and unanimously carried.
G. CLAIM FOR DAMAGES - Charles McCoy
Councilman Atkins moved to deny and refer to JPIA the claim for .
property damage, seconded by Councilman Dennis and unanimously
carried:
H. APPROVAL OF FINAL MAP, TRACT NO. 43111 LOCATED AT 5444 SANTA
ANITA AVENUE
City Manager Koski presented background information stating the City
has been advised by the County of Los Angeles, Department of Engineer-
ing Facilities that the map for Tract 43111 has been checked by the
City Engineer and is ready for approval and acceptance or rejection
of.the dedications shown. The Conditions, Covenants ar,:. Restrictions
have been reviewed by the Planning staff and City Atto : :ny and they
were found to be acceptable.
Councilman Gillanders moved to approve Final Tract Map 4:;111; approve
the CC &R's; and approve additional conditions as set fcrh in letter
dated November 16, 1984, from the County of Los Angeles:., Department
of County Engineer- Facilities, seconded by Councilman P.t�: :ins and
unanimously carried.
I. STATUS REPORT - ALLEYWAY BETWEEN BLACKLEY AND OLIVE'
City Manager Koski stated that a meeting was held on November 19, 1984,
with the property owners, City Manager, City Attorney a.nc. Julie Estra
of the Temple City Times, at which time the property owners were in-
formed of all of the aspects of the circumstances surrcunding the
County ownership, alternatives and options available to ahem. They
did meet and discuss it more thoroughly by themselves and their con-
clusion was they did not intend to pursue the purchase a..d they would
like to contact the county to request resurfacing of the alleyway at
the property owners expense.
12. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Dennis, the
meeting adjourned at 9:00 p.m. The next regular meeting of the City
Council will be held. on December 4, 1984, in the Council Chamber of
the City Hall.
ATTEST:
Chi Depu _; City Clerk