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HomeMy Public PortalAboutCity Council_Minutes_1985-04-02_Regular 1985INITIATION: II1. CALL TO ORDER: CITY OF TEMPLE CITY CITY COUNCIL MINUTES APRIL 2, 1985 Mayor Swain called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, April 2, 1985 in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Charles Woodworth of the First United Methodist Church, 5957 North Golden West Avenue. 3. The Pledge 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, Associate Planner Bowman, Parks & Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times PRESENTATIONS: A. Mayor -Swain presented a Certificate of Recognition to Kay Jimenez as the "Outstanding Older American" for her many years of service to the community. IIIB. Certificates of Appreciation were presented by Mayor Swain to Mr. and Mrs. Bill Hudson and Mr. Steve Clayton for their assistance and bravery during a robbery attack on the Mayor on`rFebruary 18, 1985. A certificate was also issued for Mr. Richard Wallace, who was un- able to attend Council Meeting. 5. CONSENT CALENDAR:. Councilman Tyrell requested items B (2) and D be removed from the Consent Calendar. On motion by Councilman Tyrell, seconded by Councilman Gillanders, all other items on the Consent Calendar were unanimously. approved. A. (1) APPROVAL OF MINUTES - Regular Meeting of March 19, 1985 Approved as corrected with Councilman Atkins abstaining. (2) APPROVAL OF MINUTES - Special Meeting of March 26, 1985 Approved as written. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION REGULAR MEET - ING OF MARCH 20, 1985 (1) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY YOUTH SOCCER Approved Temple City AYSO's use of a portion of the grassed area of Live Oak Park and the concession stand from Septem- ber 7 through January 31, 1986 for regular season play sub- ject to usual insurance requirements and adherence to estab- lished rules for use of the park. C. SUMMER YOUTH EMPLOYMENT PROGRAM Approved Parks & Recreation staff to implement the Summer Youth Program and appropriate $600 in the 1985 -86 fiscal budget. E. RESOLUTION NO.. 85- 2343:. EMPLOYMENT OF PERSONNEL (Budgeted) Adopted Resolution No, 85 -2343, a Resolution of the City Council of the City of Temple City appointing budgeted personnel. �r Council Minutes, April 2, 1985 - Page 2 F. RESOLUTION NO. 85 -2344: WARRANTS AND DEMANDS Adopted Resolution No. 85 -2344, a Resolution of the City Council of the City of Temple City allowing claims and demands in the sum of $280,335.32. CONSENT CALENDAR B (2) REQUEST FOR RESERVED USE OF AUDITORIUM, MEET- ING ROOM, PATIO & KITCHEN, MAY 18, 1985, 7 - 9:30 P.M. TO CONDUCT YOUTH DANCE - TEMPLE CITY AYSO Councilman Tyrell requested Parks.& Recreation Director Kobett to advise Temple City AYSO that no drinks will be allowed in the audi- torium as a new parquet floor was recently installed. Councilman Tyrell moved to approve request of Temple City AYSO for reserved'use of the auditorium, meeting room, patio and kitchen on May 18, 1985, from 7:00 to 9:30 p.m. to conduct a fund - raiser youth dance, subject to the usual insurance requirements and adherence to all established rules, regulations and policies for use of the park and facilities, seconded by Councilman Atkins and unanimously carried. CONSENT CALENDAR D. PROPERTY NUISANCE CASE 85 -130 (5942 Muscatel Avenue) Councilman Tyrell requested the status on the property nuisance case. Associate Planner Bowman reported that progress had been made, how- ever, there still was some work needed to be done. It was Coun- cilman Tyrell's opinion that, since abatement was in progress, the City should extend the resident another month in which to complete the abatement. Councilman Tyrell moved to continue Property Nuisance Case 85 -130 to May 7, 1985, seconded by Councilman Atkins and unanimously carried. 6. UNFINISHED BUSINESS: A. CANVASS OF VOTE - SPECIAL ELECTION City Clerk Koski presented City Clerk's Certificate of Canvass (Exhibit "A ") for the Special Election held March 26, 1985. The canvass indicated that of the 16,563 registered voters, as of January 8, 1985, 3,412 or 20.6% cast ballots in the recent election. The number of "Yes" votes cast was 1,649 or 48.34 %, and the number of "No" votes cast was 1,763 or 51.66 %. He read the title to Resolution No.85 -2342. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL ELECTION HELD IN THE CITY ON MARCH 26, 1985, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF THE CHARTER. Councilman Tyrell moved to adopt Resolution No. 85 -2342, secon- ded by Councilman Atkins and unanimously carried. B. PUBLIC HEARING: 7:30 P.M. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R -1 TO R -3 - 6002 CLOVERLY AVENUE, APPLICANT AND OWNER: ROBERT HEPLER 5 n City Manager Koski provided background information stating that the Planning Commission at their regular meeting of March 12, 1985 approved and recommended that City Council approve a re- quest for a change of zone from R -1 to R -3 on the subject pro- perty. The applicant proposes to construct a duplex to the rear of the existing single family residence and detached two - car garage. Planning Commission found the change of zone to be in conformance with the General Plan, to be compatible and consistent with adjacent zoning, and to be compatible with nearby and adjacent land uses. A Negative Declaration of Environmental Impact has been filed. Council, Minutes, April 2, ,1985 .- Page 3 Associate Planner Bowman described the zoning of properties in the immediate vicinity of the proposed zone change, mentioning also that, based on the square footage available, up to five units would be allowed to be constructed. Mayor Swain declared the public hearing open and invited anyone wishing to speak to come forward. Robert Hepler, 6002 Cloverly Avenue (owner and applicant), stated that it was his understanding that the property would not be large enough to build five units on it, and it was not his intention to do so. The purpose of building a'duplex was to create some sort of retirement. Mr. Hepler said that the property has been a problem in the neighborhood in the past with transients sleeping in the back portion of the lot and a rodent problem as well. He said he would give his personal guarantee that he would not con- struct more than the two units. Robert Miller, 5950 Cloverly Avenue, stated that he would like to see an improvement on the property, reiterating Mr. Hepler's com- ment concerning the rats and transients. David Primm,'6018 Cloverly Avenue, has lived at this address since 1940.and would welcome Mr. Hepler's addition to the property. Joseph Randazzo, 6012'C1overly Avenue, said he would really be for a duplex being built on Mr. Hepler's property. Stan Pozinsky, 6003 'Cloverly Avenue, stated that the addition which Mr. Hepler is' planning would definitely improve the neigh- borhood and also mirrors the type of structures in a three -block radius. Mr. Pozinsky explained that it makes no difference whether the zone change was-made to an R -2 or R -3 since, in either case, the additional structure would be a rental. He did say he would not like to see five units being constructed on the property, however, he takes Mr. Hepler's word that it is a duplex which is going to be built. There being no one else wishing to speak, Councilman Dennis. moved to close the public hearing,* seconded by Councilman Gillanders and unanimously carried. Councilman Atkins stated that, after working'with the 15 -foot set -backs from Woodruff and Cloverly, about 5,600 square feet is left on which to build; Dividing that figure by 1,800 square feet, you 'are limited to three units, which is what Mr. Hepler proposes. Councilman Atkins agreed with the Planning Commission's recommen- dation to approve the rezoning as it would be in conformance with the. General Plan; it' is compatible with the surrounding zoning and land use; will enhance the neighborhood; and is a worthwhile project - totally consistent with the neighborhood. Councilman Tyrell felt that, in granting the change of zone, it would start the penetration-into another block of R- 1.zoning. For financial reasons. alone, Councilman Tyrell suggested that the subject property may be combined with the vacant lot next door at some future time and a structure consistent with an R -3 zoning built, He wishes to maintain, to the extent possible, the resi- dential configuration of the City. and would be against granting the R-3 zoning. Councilman Dennis stated that Mr. Hepler's plan was a reasonable use of the property considering the property is surrounded by multiple zoning;'and.an equitable use of the property would be to build two additional units. He saw no problem in granting the R -3 zoning. ,s- -o'6, 1 f6 Council Minutes, April 2, 1985 - Page 4 Councilman Gillanders stated it would be impractical to disallow Mr. Hepler the zone change in view of the many legal non - conforming houses on Cloverly; the fact that the addition of a duplex built on the property would in fact remove a blight zone; and in rela- tion to the zoning in the surrounding area. Mayor Swain said she was not at all comfortable with an R -3 zon- ing in a block which is completely R -1. She said she could go with an R -2 application if it were submitted. Councilman Gillanders moved to certify Negative Declaration of Environmental Impact, seconded by Councilman Atkins and carried on a roll call vote. ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Swain NOES: Councilmen - Tyrell City Attorney Martin introduced Ordinance No. 85 -560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR A CHANGE OF ZONE FROM R -1 TO R -3 for first reading by title only. Councilman Atkins moved to waive further reading, requesting that motion include Planning Commission's findings, seconded by Coun- cilman Gillanders and carried on a roll call vote. ROLL CALL: AYES::__Cbuncilmen- Atkins, Dennis, Gillanders, Tyrell, Swain NOES: Councilmen -None City Attorney Martinclarified the "yes" votes of Councilman Tyrell and Mayor Swain stating that, as a unanimous "yes" vote is re- quired when an ordinance is introduced for first reading by title only, Councilman Tyrell and Mayor Swain reserve the right to vote no at the second reading. Councilman Dennis recommended that staff come up with guidelines as to what can reasonably be developed on a parcel of land given the lot size. This will greatly assist Council when presented an application for zone change. C. PUBLIC HEARING: 7:30 P.M. REQUEST FOR APPROVAL OF TENTATIVE TRACT MAP 43590 TO ALLOW DEVELOPMENT OF A SIX -UNIT RESIDENTIAL CONDO- MINIUM - 5562 WELLAND AVENUE - APPLICANT: LONGRIDGE CORP. City Manager Koski provided background information stating that Planning Commission at their March 12, 1985 regular meeting approved a tentative tract map to allow development of a six -unit residential condominium located on the east side of Welland Avenue between Daines Drive and Live Oak Avenue with a street address of 5562 Welland Avenue. The project involves removal of an existing single - family house and construction of six two -story detached condominium residences, Each unit has a floor area of 1,500 square feet and units will be accessed via a driveway along the north property line and a four -foot wide concrete walkway along the south property line. Each unit will have a private yard area separated by masonry walls. A Negative Declaration of En- vironmental Impact . has been filed. Mayor Swain declared the public hearing open. Councilman Gillanders brought up the subject of sprinklers as number per square feet is not indicated and he felt that this number should be known. City Manager Koski stated that staff wi confirm this matter with the Fire Department. Calvin Spencer, Property Manager of 5602, 04, 06 and 08 Welland, stated that down the street are condominiums and also across the street, and that seems to be the trend in the area. Also, the property in question has debris and trash at the back of the house and a lot of foot traffic going in and out. For these reasons, Mr, Spencer would welcome the development of the subject property. There being no one else wishing to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins t5--(1N fl'? j. and unanimously carried, W Council Minutes, April 2, 1985 - Page 5 Councilman Dennis moved to certify Negative Declaration of Environmental Impact, seconded by Councilman Atkins and unani- mously carried. Councilman Dennis moved to approve Tentative Tract Map 43590 to allow development of a six -unit residential condominium at 5562 Welland Avenue per findings and conditions and subject to approval by Fire Department of the sprinkler system, seconded by Council- man Gillanders and unanimously carried. D. PUBLIC HEARING: 7:30 P.M. ORDINANCES 85 -557, 85 -558, 85 -559 (second reading), ADOPTION OF THE 1984 LOS ANGELES COUNTY BUILD - ING CODE, MECHANICAL CODE AND PLUMBING CODE City Manager Koski stated that the City received a letter from Los Angeles County Department of Public Works recommending adop- tion of the 1982 edition of the Uniform Building, Plumbing and Mechanical Codes. No changes are proposed to the permit fee schedule; however, the fine for violation of the Building Code has been increased from $500 to $1,000 to be consistent with cur- rent State law. State Housing Law requires that local jurisdic- tions adopt the same building regulations as contained in the State Housing regulations within one year of the effective date of the State adoption. Differences with State regulations are limited to those which are reasonably necessary because of local climatic, geological or topographical conditions. Mayor Swain declared the public hearing open. Roy Buchan, Los Angeles County Building and Safety Department, stated that ground - supported disc and antennaes are no longer regulated by the Building Code. He went on to say that most of the changes in the Building Code are technical in nature and there have been extensive changes to the chapter on wood, concrete and steel. There being no one in the audience wishing to speak, Councilman Atkins moved to close the public hearing, seconded by Councilman Gillanders and unanimously carried. Councilman Atkins moved to waive further reading and adopt Ordin- ances 85 -557 Building Code, 85 -558 Mechanical Code and 85 -559 Plumbing Code, seconded by Councilman Gillanders and unanimously carried. 7. NEW BUSINESS: None 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Trisha Bogle, 5127 Golden West Avenue, inquired of Council what will now happen to the development across the street from the Komai proper- ty since the zone change on the Komai property has been voted down. The intention of the referendum originators was to stop both devel- opments, however, time did not allow. There was some question as to whether the one zone change and tract map was contingent on the other. Mrs. Bogle felt Council should have withheld action on the second development since a referendum had already been submitted to the City for the Komai development. 3y 1 n34 Council Minutes, April 2, 1985 - Page 6 City Manager Koski responded that it is up to the developers at this time as to what happens now. The two developments are separate and one is not contingent upon the other. The Owen development may con- tinue with their project as long as all of the conditions are met since they have a valid zone change and tract map. He added that the Council has to act in the best interests of the total community and not expose itself to litigation by not acting. Councilman Dennis stated that the Council approved both tracts with out knowing that one was subsequently going to be reversed through the election process. Also, since the second development was along the same lines as the first development, then the referendum origin; ators should have included it in a referendum petition to turn both of them down. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency; approved the Minutes of the regular meeting of March 19, 1985; and adopted resolution approving warrants and demands. The Minutres are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: No action taken. 11. MATTERS FROM CITY OFFICIALS: A. REQUEST TO ATTEND CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION ANNUAL WORKSHOP.& SEMINAR, LONG BEACH, APRIL 17 - 19, 1985 Councilman Dennis moved to authorize City Treasurer's attendance at the California Municipal Treasurers Association Annual Work- shop and Seminar in Long Beach from April 17 to 19, 1985 and approve necessary expenditures, seconded by Councilman Atkins and unanimously carried. B. RESOLUTION NO. 85 -2345 - TRANSFERRING CUSTODIAN OF PETTY CASH FUND Councilman Gillanders moved to adopt Resolution No. 85 -2345, a resolution of the City Council of the City of Temple City trans - ferring custodian of petty cash fund, seconded by Councilman Dennis and unanimously carried. C. BUSINESS DEVELOPMENT COMMITTEE REPORT Councilman Dennis presented Council with the Report and Recom- mendations of the Business Development Committee, giving recogni- tion to Mike Eisner, Don Kelker, Marianne Milch and Eloise Ward, who are members of the Committee, and to Jeff Shaw, Planning Director, and his staff for preparing all the background material. Councilman Gillanders moved to accept the report for review and analysis for determination of action to be taken on recommenda- tions for development of Temple City, seconded by Councilman Deis and unanimously carried. D. JPIA - APPROVAL FOR LA HABRA HEIGHTS Councilman Gillanders stated that he had been concerned about La Habra Heights joining the Joint Powers Insurance Authority since the area consists of many hills with an overgrowth of grass during the summer months;_.. lots run from 1/3 acre to 5 acres; and had a volunteer fire department. It has since been determined that La Habra Heights has a mutual aid pact with the County of Los Angeles and a variety of firefighting equipment would be readily available in the case of a fire. 6 033 15 n733 1 Council Minutes, April 2, 1985 - Page 7 Councilman Gillanders moved to approve membership to La Habra Heights in the Southern California Joint Powers Insurance Authority, seconded by Councilman Atkins and unanimously carried. E SENATE LOCAL GOVERNMENT HEARING- APRIL 9.& 10, 1985 RE: LEGISLATION NO -TAX CITIES (SB 1091) City Manager Koski advised Council that he had received a call requesting that the City representative attempt to meet with other city representatives on Tuesday afternoon, April 9 at 4:30 p.m. with Senator Russell in Sacramento. Councilman Dennis moved to approve Councilman Gillanders repre- sent the City along with City Manager Koski on April 9 and 10, 1985,regarding SB 1091 - No -Tax Cities Legislation and authorize necessary expenditures, seconded by Councilman Atkins and unani- mously carried. F. RELEASE OF RETENTION 1984 SLURRY SEAL PROJECT - ECNA On recommendation of. City Attorney Martin, Councilman Dennis moved to approve release of retention of the 1984 slurry seal project in the amount of $8,600 in the ECNA retention account made payable to Calmat Co., seconded by Councilman Gillanders and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Atkins, the meeting adjourned at 8:55 p.m. The next regular meeting of the City Council will be held on Tuesday, April 16, 1985, in the Council Chamber of the City Hall. ATTEST: 0-67>y C Chief eputy y Clerk