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
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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,
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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.
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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.
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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:
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Chief eputy y Clerk