Loading...
HomeMy Public PortalAboutCity Council_Minutes_1985-07-16_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES JULY 16, 1985 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, July 16, 1985,, in the Council Chamber of City Hall. 2. The invocation was given by Reverend Barry Vail of Bethlehem Lutheran Church, 5319 North Halifax Road. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Councilmen -None City Manager Koski, City Director Shaw, Parks and Public Works Coordinator of the Temple City Times Gillanders, Swain, Tyrell, Dennis Attorney Martin, Planning Recreation Director Kobett, Peterson and Julie Estrada 5. CONSENT CALENDAR: Councilman Gillanders requested that item G be removed from the Con - sent Calendar and Mayor Dennis requested :that items H and I be removed. Councilman Atkins moved to approve a114'items on the Consent Cal- endar with the exception of items G, H and I, seconded by Council- man Swain and unanimously carried with abstentions from Councilman Tyrell and Mayor Dennis on item A. A. APPROVAL OF MINUTES - Regular Meeting of July 2, 1985 Approved as written. B. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF JULY 3, 1985 (1) GOLDEN WEST AVENUE AND WOODRUFF AVENUE - ADDITIONAL BOU- LEVARD STOPS On the recommendation of approved a four -way stop West Avenue and Woodruff the Traffic Commission, Council at the intersection of Golden Avenue. C. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF JULY9, 1985 (1) PROPOSED AMENDMENT TO THE ZONING CODE TO LIST APARTMENTS AS A PERMITTED USE IN THE R -2 ZONE On recommendation of the Planning Commission, City set public hearing for August 6, 1985 to amend the City Zoning Code to list apartments as a permitted the R -2 zone. (2) PLANNING COMMISSION ACTION Council Temple use in Council received and filed memo from the Planning Commission outlining action taken at the Commission's meeting of July 9, 1985. 1 r fl 4 Council Minutes, July 16, 1985, Page 2 D. FIREWORKS STANDS, 1985 - REFUND OF DEPOSIT Sites of fireworks stands were inspected and found to be clear of debris pursuant to the Fire Department Regulations. Council, therefore, approved the refund of deposits to eligible organi- zations. E. RECORDS RETENTION, SCHEDULE - RESOLUTION NO. 85 -2375, DESTRUC- TION OF CERTAIN CITY RECORDS Council approved the Records Retention Schedule and adopted Resolution No. 85 -2375, APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS. • F. REQUEST FOR RATE INCREASE FALCON COMMUNICATIONS Council approved a $1.70 basic rate increase for a new rate of $9.95 and approved a $2.00 converter fee. J. RESOLUTION NO. 85 -2376: WARRANTS AND DEMANDS 1F fS3 Council adopted Resolution No. 85 -2376 authorizing payment of bills. CONSENT CALENDAR G. - ACCEPTANCE OF BID - PURCHASE OF COUNCIL CHAMBER SEATING Councilman Gillanders requested clarification of the notation "no bid" next to the name of the second bidder for the purchase of theatre -style seating for the Council Chamber. City Manager Koski explained that, ;.since the only other bidder (American Seating Co.) is a manufacturer, all other bidders have declined to bid since they could not compete with the price quoted by a manufacturer. Councilman Gillanders moved to accept the low bid of American Seating Co. of Ilanhatten Beach for $42,156.41, seconded by Councilman Swain and unanimously carried. CONSENT CALENDAR H. - STATUS REPORT - NOTICE OF TERMINATION - LOS ANGELES COUNTY EMERGENCY ASSISTANCE PROGRAM (EAP) - AMBU- LANCE AGREEMENT NO. 3071 Mayor Dennis questioned whether any action was necessary at this time concerning procurement of ambulance service. City Manager Koski stated that, if the County prevails at the Court hearing on July 22, the City must have some way of assur- ing ambulance response to an emergency until the City has been able to solicit proposals. Councilman Tyrell moved to authorize the City Manager to nego- tiate and pay for interim ambulance service between July 22 and the next Council meeting of August 6, seconded by Councilman Gillanders and unanimously carried. CONSENT CALENDAR I. - RENEWAL OF FRANCHISE FOR SOUTHERN CALI- FORNIA WATER COMPANY Mayor Dennis expressed concern regarding possible problems whic might exist unknown to the City with the quality of service and equipment. Public Works Coordinator responded that he feels the Southern California Water Company is a very good system; maintains a good level of service; and has an excellent maintenance program. Councilman Gillanders moved to adopt Resolution No. 85 -2377, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY A FRANCHISE TO USE OR TO LAY AND USE PIPES, DITCHES, FLUMES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRI- BUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE ail::: `'' WAYS, ALLEYS AND i WITHIN Council Minutes, July 16, 1985 - Page 3 THE CITY OF TEMPLE CITY, and set public hearing for August 20, 1985, seconded by Councilman Tyrell and, unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: REQUEST FOR A CONTINUATION OF A NONCONFORMING USE LOCATED AT 9441 BROADWAY, APPLICANT: E. COMISKEY, PHYTOGEN CO., OWNER: HANS GUBLER City Manager Koski provided background information stating that,.,, at their regular meeting of June 25, 1985, the Planning Com- mission referred to the City Council a request to allow the existing nonconforming plant nursery to continue operations beyond the specified abatement period. A request of this nature requires three affirmative votes of the Planning Commission. At their meeting of the 25th, there were only two affirmative votes. The issue is the abatement of a nonconforming use. Council was referred to the staff memo which gives the history of the Gubler property. A Negative Declaration has been filed indicating that the project will not have a significant impact on the environment. Abatement of a nonconforming use is a policy decision which comes before the Council without a recom- mendation from the Planning Commission. Councilman Tyrell inquired of staff if the abatement proceed- ing was based on the Planning Commission's belief that the use started after the City was incorporated. Planning Director Shaw replied that the Planning Commission was aware through resolutions that the use had been in operation since about 1953. The Zoning Ordinance was changed in 1964 when the General Zoning Ordinance was adopted and the use be- came a nonconforming use at that time. In 1967 the Code was changed to provide for a ten -year abatement period of these nonconforming uses. In 1977 the applicant was granted an addi- tional five years as a result of what was determined to be equity based on inadequate noticing. Since 1982 staff has been working with the applicant to abate the nonconforming use of the property. Mr. Gubler now wishes to leave the property and to extend the life of the nonconforming use for the benefit of his tenant, Phytogen. Councilman Gillanders referred to the drainage problem on the property, which has been an ongoing problem for many years and questioned the Negative Declaration which was filed indicating the project would not have a significant impact on the environ- ment. Planning Director Shaw stated the Negative Declaration addresses the use of the property itself and the nursery would not have an adverse impact on the environment since the drainage problem comes from the surrounding properties. Councilman Swain moved that the Minutes of the Planning Com- mission's meetings concerning the subject abatement of this nonconforming use be made a part of the records of this public hearing, seconded by Councilman Gillanders and unanimously carried. Councilman Tyrell stated that, he would not participate in the .public .hearing by virtue of the fact that he has in the past represented Mr. Gubler. ,Mayor Dennis declared the public hearing open and invited any - one wishing to speak to come forward. Chris Gubler, 66565 - 12th Street, Desert Hot Springs, stated that he feels the zoning history is the key to the whole prob- lem at issue with the subject nonconforming use. In 1963, .; when Mr. Hans Gubler applied to build a retail outlet on the property, a resolution was passed ordering abatement of non- conforming uses within ten years. Mr. Gubler contends that the resolution is invalid since his father never signed the document. Up until April of 1964 the nursery was a conforming use in an R -A zone and they were lawfully in business with a, Resale r. Council Minutes, July 16,-1985 - Page 4 1 5 081 Permit dated 1959 and a County license dated 1960. It is the desire of the Gublers to lease the Temple City nursery to Phytogen, a company involved in genetic engineering presently located at Cal State L.A. and the Gublers would take-over a 22- acre nursery in the Lucerne Valley area of San Bernardino County. s. It was further contended by Mr. Gubler that, without the know- ledge or consent-of the senior Mr. Gubler, during the improve- ment project on Broadway, the contractor illegally removed most of the driveway into the parking lot of the nursery and a 12 -foot strip of concrete that used to border the sidewalk, leaving in its place a dirt strip. In addition, the entrance to the nursery was shortened to make room for an illegally - installed drainage pipe. These drainage pipes are not located on the ten -foot sewer easement granted to the County in 1960. Upon research, Mr. Gubler located through the County of Los Angeles a copy that had granted a ten -foot public easement signed in 1959 . and approved by the Board of Supervisors on January 3, 1960, for the use of sewage and drainage purposes, which would leave the City responsible for maintenance since incorporation. He feels his family could enter into litigation for the back 25 years of maintenance charges and the City would also have to bring the drainage system up to Code. Also, after measuring, Mr. Gubler found that the sewer pipes cross the Gubler property and are not on the easement. Mr. Gubler feels the City Council should extend the abatement period on the basis that: two - thirds of their neighbors want them to stay in the neighborhood; they are quiet, clean and pro- vide less traffic in a high traffic area; many other lots in the vicinity are exempt from zone compliance due to the fact that they were there prior to the City's incorporation; they act as a noise buffer between the school and the homes; and the property will become a vacant lot and detract from the neigh- borhood. Councilman Atkins requested clarification, asking if the appli- cant was contending that a ten -year abatement period was void just because the applicant did not sign the Affidavit of Accep- tance? City Attorney Martin responded that the City has not taken that view. The position taken is that there was an abatement period of ten years which was extended for five more years. If the applicant contends there was no abatement period because there was no acceptance, then he does not have to be here at all; and, if there is an abatement period which, on the basis of his application, assumes and presumes there is one, he is asking that it be extended. The view that there is no abatement period is a legal issue which would not come before the City Council at this time. Marianne Milch, Manager, Temple City Chamber of Commerce, 5827 Temple City Boulevard, stated that this subject was discussed at the last Chamber Board Meeting, however, no formal stand was taken other than the fact that it was felt that it would be a feather in Temple City's cap if the City were a contributor to the end result of Phytogen's efforts, which would be more yield for feeding the people of the world. Mrs. Milch also stated that no complaints whatsoever had been received regarding the Gublers during their membership with the Chamber and were res- pected business people. Hans Gubler, 7609 Emerson, Yucca Valley, stated he had come to the City inquiring if the City had a need for this particular piece of property and was told at the Planning Commission meet- ing that the property would not qualify to . have homes built there because of the drainage ditch. Planning Director Shaw responded that a single- family house could be built on the property; the issue has been whether or not it may be proper to get a rezoning to provide more than a single - family. home. 1 Council Minutes, July 16, 19.85.- Page .5 Councilman Swain inquired of Public Works Coordinator Peterson if the drain referred to by Mr. Gubler was installed legally or not and if the drain was on Mr. Gubler's property or City easement. Mr. Peterson responded that, prior to the City granting author- ity to the County for construction of the drains under the FAU project, agreements were obtained from all property owners involved before the County would enter private property to com- plete construction of the drain. Mr. Al Roh of the County Road,0 Department has confirmed that the County does have all the agreements. Additionally, the State requires a copy of the agreement before they would release the FAU funds on this pro- ject. Councilman Gillanders moved to close the public hearing, secon- ded by Councilman Atkins and unanimously carried. Councilman Gillanders stated that he would be in favor of abate- ment of the nonconforming use because: 1. the City is being asked to pass on to a third party a nonconforming use in a residential area; i.e. that Mr. Gubler has no further use of the property and merely wishes to extend the life of the non - conforming use for a leasehold; 2. it establishes a bad pre- cedent for any future abatements; and 3. the City has no direct knowledge of what Phytogen will do in the future. Councilman Swain also stated she would be in favor of abatement since: 1. the property is zoned R -1; 2. the Gubler's had know- ledge of the abatement period, were given a five -year continu- ation and have gone three years beyond that; and 3. all the area around the subject property is residential. Councilman Atkins stated that he supports the concept that: 1. this nonconforming use of property ;has reached the end of its lifespan because it is totally out' of harmony with the surround- ing area; 2. there is reasonable residential uses which could be made out of the property; and 3. the potential problems asso- ciated with the new use are out of character with ,a residential piece of property. Mayor Dennis stated that he agreed with the concept of the other three Councilmembers, but would prefer to grant a continuation of nonconforming use for approximately one year in which time further consideration could be given to the legal implications of the pre - existing conforming use of the property; surrounding multiple dwellings; and the question of the City's liability for maintaining the easement in question. Councilman Gillanders moved to abate the nonconforming use of the property located at 9441 Broadway for the reasons on record, seconded by Councilman Atkins and carried on a roll call vote. ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Swain NOES: Councilmen - Dennis ABSTENTIONS: Councilmen - Tyrell I 7. NEW BUSINESS: None 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Bruce Brown, President, Australian Sister Cities Association At the time that Temple City formed an affiliation with Hawkesbury Shire on a sister city. basis, Mr. Brown was president of the Hawkesbury Shire Council and was here in Temple City about 15 months ago when Temple City and Hawkesbury Shire exchanged proclamations. Council Minutes, July 16, 1985 - Page 6 Mr. Brown presented a letter of greetings from the president of the Hawkesbury Shire Council, Geoff Michaels, to Mayor Dennis. Mayor Dennis then presented a medallion commemorating the City's 25th anniversary, which Mr. Brown will present to the Hawkesbury Shire Council for their display case. Before leaving, Mr. Brown mentioned that the Sister City World Forum will be taking place in Australia in 1988, which is the bicentennial of the establishment of the colony of Australia. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency; approved the Minutes of the regular meeting held July 2, 1985; and approved Warrants and Demands Resolution.. The Minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL 10. ACTION ON REQUEST BY CRA:. None 11. MATTERS FROM CITY OFFICIALS: A. STATUS REPORT - NEW CITY HALL City Manager Koski referred Council to the letter from Dave Oakley, architect of the project. In the letter is detailed the problems arising which has delayed completion of the new City Hall. In response to Council's inquiry as to the desir- ability of granting a partial acceptance, the City Attorney stated that the best policy is to avoid partial acceptance if possible. However, if the Council wished a partial acceptance, a written agreement could be worked out with the general con- tractor containing necessary provisions which would protect the City's, interests. Councilman Tyrell stated that he was not in favor of partial acceptance of the incomplete City Hall building. Councilmen Gillanders and Swain concurred with Councilman Tyrell in that Council should not accept the partially comple- ted project. Councilman Atkins stated that he would be in favor of accept- ing those appendages which were complete with an agreement to safeguard all concerned. Mayor Dennis stated that . he felt that some agreement with the contractor could be reached whereby the City could accept partial completion of the building without compromising the responsi- bility of the contractor for completion of the building. Councilman Gillanders moved to approve acceptance of the new City Hall when the entire project is completed and requested that City. Attorney Martin draft a letter which would address completion of the project and reimbursement of City costs due to the delay, seconded by Councilman Tyrell and carried on a roll call vote. ROLL CALL: AYES: Councilmen - Gillanders, Swain, Tyrell NOES: Councilmen - Atkins, Dennis B. CONTINUING EDUCATION FOR PUBLIC OFFICIALS (CEPO), AUGUST 18 - 23, 1985, UNIVERSITY OF CALIFORNIA AT SANTA CRUZ Councilman Gillanders moved to approve attendance of Chief Deputy City Clerk at CEPO on August 13 through 23 at the Uni- versity of California at Santa Cruz and authorize necessary expenditures of $800, seconded by Councilman Swain and unani- mously carried. 15 0.79 Council Minutes, July 16, 1985, Page 7 C. ICMA CONFERENCE - OCTOBER 27 - 31, 1985, PHILADELPHIA, PA Councilman Gillanders moved to approve and authorize atten- dance of the City Manager at the ICMA Conference October 27 through 31 in Philadelphia, Pennsylvania with necessary ex- penditures of $1,458, seconded by Councilman Swain,and unani- mously carried. D. CLAIM FOR DAMAGES - ERNEST MARCHOSKY City Attorney Martin advised Council that the City was in re- ceipt of a Claim for Indemnification from the County of Los Angeles concerning an accident which occurred on North Sultana, which is County area. n. Councilman Tyrell, moved to deny the claim by the County of Los Angeles in the case of Ernest Marchosky, seconded by Coun- cilman Swain and unanimously carried. 12. ADJOURN TO STUDY SESSION At 9:15 p.m. it was moved by Councilman Atkins, seconded by Coun- cilman Tyrell and unanimously carried to adjourn to a Study Session with the Parks and Recreation Commission and the Temple City Cham- ber of Commerce in the North Meeting Room. 13. JOINT STUDY SESSION WITH PARKS AND RECREATION COMMISSION A. The subject of recreation facilities at Temple City High School was discussed. As various questions and issues were raised, it was determined that the Mayor, City Manager, Chairman of the Parks and Recreation Commission and the Parks and Recreation Director should meet with the School Board or their Superinten- dent to further discuss the requirements for utilization of State Bond Funds. B. Council and Parks and Recreation Commission members reviewed the plans for the relocation of the play equipment in Temple City Park. It was the general concensus that the play facili- ties be located on the east side of the park, possibly in close proximity to the patio area in front of the Library. 14. CITY COUNCIL STUDY SESSION In response to a recent letter from the Chamber of Commerce reques- ting an increase in the contract between the City and the Chamber for services, Council met with the representatives of the Temple City Chamber of Commerce, including Cal Magro, President, and Mari- anne Milch, Manager. In general, Council agreed to the increase; however, Chamber representatives were requested to develop a re- vised budget for the new fiscal year to include increased personnel services. 15. RECONVENE TO REGULAR MEETING City Council reconvened at 10:15 p.m., at which time it was moved by Councilman Tyrell, seconded by Councilman Swain and unanimously carried that the following Commissioners be reappointed for a two - year term, with the exception of John Garver, who was reappointed for one month,' commencing July 1, 1985. Planning Commission - Richard Abraham Mary Coolman - Patrick Froehle Parks and Recreation CdMMISsion - John Shaw Traffic Commission - ,_John Garver (Resignation effective August 1, 1985) - Don Kelker 15 f;78,. Council Minutes, July 16, 1985 - Page 8 16. ADJOURNMENT: On motion by Councilman Gillanders and seconded by Councilman Swain, the meeting adjourned at 10:20 p.m. The next regular meeting of the City Council will be held on Tuesday, August 6, 1985 in the Council Chamber of City Hall. ATTEST: Chief Depdty City • erk a