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.
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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
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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.
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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
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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
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