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HomeMy Public PortalAboutCity Council_Minutes_1986-05-06_Regular 1986CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY.6, 1986 1 INITIATION: 1. CALL TO ORDER: Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, May 6, 1986, in the Council Chamber. 2. The invocation was given by Reverend Charles Woodworth, First United Methodist Church, 5957 North Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen- Dennis, Froehle, Gillanders, Swain, Atkins Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett and Julie Estrada of the Temple City Times 5. CONSENT CALENDAR: Councilman Froehle requested that item B. (2) be removed from the Consent Calendar, and Councilmen Swain and Gillanders requested items J. and Q. respectively be removed. On motion by Councilman Dennis, seconded by Councilman Froehle, the remaining consent items were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of April 15, 1986 Approved as written. B. RECOMMENDATIONS FROM PARKS.& RECREATION COMMISSION MEETING OF APRIL 16, 1986 (2) REQUEST FOR FINANCIAL ASSISTANCE - TEMPLE CITY PONY LEAGUE Council authorized appropriation of funds for the pur- chase of portable fencing at Oak Avenue School at a cost not to exceed $1,500 and amended the adopted bud- get. Purchase of the fencing was approved in the interest of safety for the players and spectators, and also that sports facilities for teenagers are not available on City property. C. REQUEST FOR AUTHORIZATION TO RECRUIT FOR SUMMER RECREATION STAFF Council approved request of Parks and Recreation Director to recruit necessary personnel to conduct a seven -week summer vacation recreation program at Live Oak Park and five ele- mentary school playgrounds from June 30 to August 15, 1986. 1 220 Council Minutes, May 6, 1986 - Page 2 D. ACCEPTANCE OF WORK - TENNIS COURT RESURFACING - DAVIS & DALEY CONSTRUCTION, INC. City Council accepted the work performed on the four tennis courts at Live Oak Park by Davis & Daley Construction; authorized payment by joint check to Davis & Daley and Linemaster, a sub- contractor, in the amount of $4,229.10; instructed City Clerk to file a Notice of Completion and release of 10% retention in the amount of $969.90 at the end of the 35 -day lien period; and release of Certificate of Deposit #f81630 at the end of the lien period. E. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT Approval was given and Mayor and City Clerk authorized to sign an agreement with the Temple City Unified School Dis- trict for the City to conduct a supervised recreation pro- gram within the limits of the City and upon the grounds of Emperor School; that the School District shall make avail- able facilities without charge; and that the City shall be responsible to pay all charges it should incur with respect to the operation of such a community recreation program. F. AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH EL MONTE ELEMENTARY SCHOOL DISTRICT Approval was given and Mayor and City Clerk authorized to sign an agreement with the El Monte Elementary School Dis- trict for the City to conduct a supervised recreation pro - gram upon the grounds of Cleminson School; that the District will make available the facilities without charge; and the City shall be responsible to pay all charges it should incur with respect to the operation of such a community recreation program. G. PLANNING COMMISSION ACTION - MEETING OF APRIL 22, 1986 Council received and filed the Planning Commission memo relating to action taken at the Commission's April 22, 1986 meeting. H. ORDINANCE NO. 86 -586 (SECOND READING) PROPOSED ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE REQUIRING A MINI- MUM PARKING SPACE SIZE OF 10 FT. BY 20 FT. FOR ALL PARKING SPACES WITHIN ENCLOSED GARAGES, REGARDLESS OF ZONE CLASSI- FICATION Council waived further reading and adopted Ordinance No. 86 -586, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9296 OF THE TEMPLE CITY ZONING CODE RELATING TO PARKING SPACE SIZE WITHIN ENCLOSED GARAGES. I. ORDINANCE NO. 86 -585 (SECOND READING) REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R -1 TO R -2 FOR PROPERTY LOCATED AT 4840 GLICKMAN AVENUE Council waived further reading and adopted Ordinance No. 86 -585, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . TEMPLE CITY APPROVING A CHANGE OF ZONE FROM R -1 TO R -2 (Z.C. 86 -782). 21 9 Council Minutes, May 6, 1986 - Page 3 K. CONTRACT EXTENSION AND FEE SCHEDULE INCREASE RE: STREET SWEEPING SERVICES - COMMUNITY DISPOSAL COMPANY City Council approved the extension of the current street sweeping contract through June 30, 1987; approved an in- crease of 38 cents per mile effective July 1, 1986; and authorized the Mayor and City Clerk to sign. L. ACCEPTANCE OF BID - CURB, GUTTER AND SIDEWALK REPAIR AND CONSTRUCTION OF WHEEL CHAIR RAMPS, PROJECT 85/86 -1 Council accepted the low bid for Project 85/86 -1 for side- walk repair and construction of wheel chair ramps from Damon Construction in the amount of $30,603.75;. and author- ized the Mayor and City Clerk to sign. M. RENEWAL OF GENERAL SERVICES AGREEMENT - LOS ANGELES COUNTY City Council adopted Resolution No. 86 -2433, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CON- CERNING GENERAL SERVICES. N. RENEWAL OF AGREEMENT OF EXAMINATION OF TRACT MAPS AND PAR- CEL MAPS - LOS ANGELES COUNTY City Council adopted Resolution No. 86- 2434, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE AUTHORIZING RENEWAL OF CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERN- ING EXAMINATION OF TRACT MAPS AND PARCEL MAPS; and author- ized the Mayor and City Clerk to sign. 0. RESOLUTION NO. 86 -2429 ORDERING ENGINEER'S REPORT, FY 1986- 87 LEVY FOR CITY -WIDE LIGHTING DISTRICT Council adopted Resolution No. 86 -2429, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ENGIN- EER'S REPORT FOR THE 1986 -87 ANNUAL ASSESSMENT LEVY FOR THE CITY -WIDE LIGHTING DISTRICT. P. PROPOSAL FOR CONSULTING SERVICES - FINANCE DATA PROCESSING SYSTEM Council accepted Phase I of the proposal submitted by McGladrey, Hendrickson .& Pullen in the amount of $5,000 for consulting services for the Finance Department's data pro- cessing system. R. RESOLUTION NO. 86 -2431: EMPLOYMENT OF PERSONNEL Council adopted Resolution No. 86 -2431, a Resolution appointing budgeted personnel. S. RESOLUTION NO. 86 -2432: WARRANTS AND DEMANDS Council adopted Resolution No. 86 -2432, a Resolution to pay bills. B. (1) REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK - TEMPLE CITY GIRL SCOUTS Councilman Froehle inquired if there was going to be an adult who would stay awake the night of the overnight campout at Live Oak 'Park. Parks and Recreation Director responded that there would be an adult staying up the whole night, and the Sheriff's Department have been advised. 2:18 Council Minutes, May 6, 1986 - Page 4 Councilman Froehle moved to approve the request of the Temple City Girl Scouts to conduct a day camp and one overnight campout June 23 through 27 at Live Oak Park, seconded by Councilman Swain and unanimously carried. J RATE INCREASE RE: COMMUNITY DISPOSAL COMPANY SERVICE, AMENDMENT #16 Councilman Swain requested that Mayor Atkins give an explanation for the necessity of the increase in rates since he is the City's representative on the County Sani- tation District. Mayor Atkins advised that the reasons for the increase are that Southern California is running out of dump space; and that the State and Federal government is mandating more control over how the dumps are operated and monitoring the gasses. He pointed out that within our County Sanitation District fees range from $5.50 per ton to $8.00 per ton; and that fees in large cities in other states pay up to $30 per ton in Baltimore and $50 per ton in Philadelphia. Councilman Swain moved to approve the rate increase from Community Disposal Company of 75 cents per single family . residence and 40 cents for each additional unit effective July 1, 1986; and authorized the Mayor and City Clerk to sign, seconded by Councilman Dennis and unanimously carried. Q. CLAIM FOR DAMAGES: DEBORAH URQUIDI Councilman Gillanders brought to Council's attention the fact that it involved a. County vehicle, therefore, was not a City problem. Councilman Swain moved to deny the claim for damages and referred the matter to Southern California Joint Powers Insurance Authority, seconded by Councilman Dennis and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: ORDINANCE NO. 86 -584 (SECOND READING) ORDINANCE AMENDMENT TO THE 1985 LOS ANGELES COUNTY ELEC- TRICAL CODE (TITLE 27) City Manager Koski provided background information stat- ing that on April 1, 1986, the City Council introduced Ordinance No. 86 -584 for first reading by title only and set the matter for public hearing. The ordinance adopts the 1985 Los Angeles County Electrical Code. The State Housing Law requires that the local jurisdiction adopt the same electrical regulations as contained in the State Hous ing Regulations within one year from the effective date of the State adoption. Differences with State regulations are limited by State law to those that are reasonably necessary because of local climatic, geological, or topo- graphical conditions. Mayor Atkins declared the public hearing open and invited anyone wishing to address the subject to come forward. As no one wished to address Council on the matter, Coun- cilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Council Minutes, May 6, 1986 - Page 5 Councilman Gillanders moved to waive further reading and adopt Ordinance No. 86 -584, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 7300 OF THE TEMPLE CITY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY ELECTRICAL CODE AS CONTAINED IN THE 1985 EDITION OF THE LOS ANGELES COUNTY ELECTRICAL CODE, seconded by Councilman Dennis and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF DECISION OF PLANNING COMMISSION APPROVING A REQUEST FOR TENTATIVE PARCEL MAP NO. 17616 AND CONDITIONAL USE PERMIT 86 -781; APPLICANT /OWNER: MURSOL, INC.; APPELLANT: KENNETH AND ELLY GIBSON City Manager stated that on April 15, 1986, the City re- . ceived an appeal from Kenneth and Elly Gibson regarding a decision by the Planning Commission approving a request for a Conditional Use Permit and Tentative Parcel Map to allow development of four residential condominium dwelling units on .46 acres in the R -2 zone. The Planning Commission found the site to be adequate in size and shape and to have adequate access to streets; that the use would not have an adverse effect upon the use, enjoyment and valuation of adjacent property; and that the Tentative Parcel Map is consistent with the General Plan and all aspects of the Subdivision Map Act. Commission determined that the pro- ject would complement the neighborhood by meeting all zoning requirements and maintaining a one - story height; that the open space exceeded that which is required by Code and was adequate; that the project meets minimum parking standards which is adequate; and that the CC & R's asso- ciated with the tract map ensure adequate maintenance of the project. Mayor Atkins declared the public hearing open and invited anyone wishing to address the subject to come forward. Kenneth Gibson, 6023 North Kauffman Avenue, claimed that the proposed development has inadequate areas in which children may play; that the project would increase the crime rate and the parking and traffic problems on the street; that Temple City schools are already overcrowded; and that the property would not be maintained and allowed to deteriorate. John Muha, 6128 North Kauffman Avenue, stated that he did not like the change of the City's image with the increase of condominiums being built lately; and that the City is becoming overcrowded on, the streets and in the schools. Richard Wenzel, 6027 North Kauffman, stated that crime is already a problem in the neighborhood and felt it would increase with more condominiums; and that there would be a shortage of parking available on the street. Sharon Smith, 6037 North Kauffman Avenue, said that she is concerned about the trend that seems to be taking place in the City with the increase in condominium con- struction. Gordon Fisher, 4752 North Kauffman Avenue, reiterated the concerns already expressed by the residents who spoke be- fore. 1LS 216 Council Minutes, May 6, 1986 - Page 6 Pete Weise, 6119 North Oak, stated that people have moved into Temple City because it has been known for its single family homes; however, the character of the city is now changing and residents are upset at seeing this change take place because they feel that the value of their property, its use and enjoyment is being threatened. Carla Carroll, 6109 North Primrose, requested that an en- vironmental impact study be prepared for the north side of Temple City in light of the many recent condominium pro- jects in that part of the City. She reiterated the point that other residents had voiced that her property value is being affected. Mayor Atkins reminded Mrs. Carroll that a study is presently underway for the whole City and that a separate study for only a section of the community would not be completed any faster. Councilman Froehle advised Mrs. Carroll that, if a builder wants to build in Temple City, the City Council cannot de- prive the builder of his right to build if the project is within the General Plan of the City. The best that the City Council can do for all residents is to control or mitigate these projects by requiring a Conditional Use Permit. Councilman Swain advised that the property under discussion is actually two lots in an R -2 zone and could have four residences on the property, each lot having a house in front and a house in back. Richard Reese, president, Mursol,_ Inc., 43 -D East Hunting- ton Drive, Arcadia 91006, advised that his company could build five units on the parcel of property, but they opted for a development that would be in keeping with the neigh- borhood and would have the least amount of impact. There are presently two homes on the lot and, therefore, the net impact of the proposed development is two additional homes. There is sufficient parking space available on the lot and would not create parking problems on the street. Mr. Reese feels his development will enhance the property values of adjacent properties rather than having a negative effect. Mr. Gibson responded to comments made by Mr. Reese saying that it would be preferable to see four homes going up rather than a four -unit condominium because it is Mr. Gib - son's opinion that condominium owners will not continue with the upkeep of the units or grounds. As no one else wished to address Council, Councilman Gil - landers moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Swain advised that she had spoken with the Superintendent of Schools, Dr. Bosson, the other morning and was advised by him that the schools are no where near capacity in Temple City, and enrollment is about 400 below what it has been at times in the past. Therefore, the developments or proposed development do not or would not have a adverse impact on the school enrollment. She did not believe a condominium owner would be different from a home owner with respect to the care and upkeep of property. Council- man Swain felt that the proposed development was entirely in keeping with the neighborhood and blended in very well. Councilman Dennis asked that City Attorney Martin define for those present what a Conditional Use Permit is. Council Minutes, May 6, 1986 - Page 7 City Attorney Martin responded saying that the purpose of a Conditional Use Permit is to insure that the proposed use will be rendered compatible with other existing and permitted uses located in the general area. A use permitted by Condi- tional Use Permit is anticipated by the City Zoning Code and is only reviewed by the Planning Commission and /or City Council to determine: (1) whether the site is adequate in size, shape and topography; (2) whether the site has suffi- cient access to streets and highways; and (3) whether the proposed use will have an adverse effect upon the use, enjoy- ment or valuation of adjacent property or upon the public welfare. Councilman Dennis stated that it is vital to him that he pro- tect the rights of all property owners, allowing them to develop their property as they see fit as long as it is not detrimental to the neighborhood. And, in his opinion, the development under discussion would enhance the neighborhood and increase property values. He felt that Mursol is a responsible builder, proposing a one - story, four -unit condo- minium, which is 20 per cent less than what he would be allowed to build on the parcel of land. It was Councilman Dennis's opinion that the builder is considering the neigh - borhood.in which he is developing and would see no reason to deny the Conditional Use Permit. Councilman Gillanders concurred with points raised by Coun- cilmen Swain and Dennis, and was also in favor of the proposed development. Councilman Froehle concurred with Council members. Mayor Atkins advised that in the past eight years the popu- lation of Temple City has increased by'150 people per year. Therefore, it would appear that the condominium construction which has taken place in the City has not caused any over- crowding. It was the Mayor's opinion that the proposed development would enhance the neighborhood and, therefore, would be a welcome addition, to the community. Mr. Martin stated that his summary of the Council's findings would be inserted in the Minutes, at this place, as follows. The negative declaration is approved and the CUP granted on a finding of: (1) no impact on schools in that all schools in the area. are operating below capacity (and below high water mark); (2) 'no depreciation of neighborhood in that the increase is only two net houses and those are condos with pride of ownership and maintenance; (3) the zoning is R -2 and this comports; (4) the developer, has provided many incentives such as lower density than permitted; (5) no impact on utili- ties; (6) no economic loss proven; and (7) no impact on streets or parking proven. Councilman Gillanders moved to affirm the decision of the Planning Commission in granting a Tentative Parcel Map and Conditional Use Permit to Murso1, Inc. for development of a residential four -unit condominium. located at 6024 Kauffman Avenue, seconded by Councilman Dennis and unanimously carried. City Attorney Martin. inquired if the Council would, like a response to the query, "what rights do the people . have to stop a development such as the proposed condominium ?" Council members responded affirmatively. 4 Council Minutes, May 6, 1986 - Page 8 City Attorney Martin advised that the Supreme Court has ruled that a city's General Plan is, in effect, the consti- tution or "Bible" of the city and the city is obligated to follow it. Temple City's General Plan was adopted approxi- mately 18 years ago after a long study conducted by pro- fessional planners. No condominium or apartment building may be built in an area designated R -1. The Zoning Map of the City makes an honest effort to follow the General Plan. Up until recently a homeowner wanting to developiin an R -2 zone did so by permit received over`the counter from the Planning Department. About six months ago the City recognized that there was a problem developing and so a Conditional Use Permit was required, making it mandatory that the proposed development of a piece of property be reviewed by the Planning Commission. If the request for a CUP is not in the best interest of the community, then the Commission could deny them under an appropriate ordinance. Mr. Martin stated that, if zoning needs to be changed, then it should be changed; but, until the change is made, the General Plan and Zoning Map must be followed. If a change in the Zoning Map or General Plan is desired, residents may do so with rights of an initiative. 8. COMMUNICATIONS: A. -EL MONTE SCHOOL DISTRICT RE: OVERCROWDING OF SCHOOLS Council received a report which was given to the El Monte City School District by Dr. Duane Dishno, Superintendent, on April 15, 1986, regarding the overcrowding problem in the El Monte School District and possibilities available to alleviate the problem. B. CARLA A. CARROLL, 6109 NORTH PRIMROSE RE: NEW DUPLEX CON- STRUCTION AT 6018 NORTH PRIMROSE Councilman Swain moved to refer the matter to a Study Session immediately following the City Council meeting, seconded by Councilman Froehle and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE 'WHO WISH TO SPEAK: Bruce A. Dumbacher, 9460 East'Ardendale Avenue, Arcadia 91006, advised that he directed correspondence to the Mayor regarding a high density condominium project planned for a piece of land which lies in Los Angeles County territory but which is within the sphere of influence of Temple City. Mayor Atkins acknowledged receipt of the letter and advised Mr. Dumbacher that Planning Director Shaw has sent correspon- dence to the Impact Analysis Section of the Los Angeles County Department of Regional Planning opposing the construction and Councilman Dennis has been in touch with Supervisor Schabarum's office Councilman Gillanders moved to support the letter of opposition to Project No. 86087- TT. No. 31658 at 9429 East Camino Real Avenue and 6746 -6752 Oak Avenue sent to the Impact Analysis Section of the Los Angeles County Department of Regional Planning by Planning Director Shaw, seconded by Councilman Dennis and unanimously carried. Council Minutes, May 6, 1986 - Page 9 RECESS TO CRA: At this time Council recessed to meet as the Temple City Com- munity Redevelopment Agency; approved the Minutes of the April 15, 1986 meeting; adopted Resolutions No. CRA 270 and 271 with respect to condemnation of certain property within the Rosemead Boulevard Redevelopment Project; adopted Resolution No. CRA 268 approving the assessment for fiscal year 1986 -87 and ordering the report filed with the City Council; approved payment on behalf of the City for rent obligation in the amount of $139,333.65; and adopted Resolution No. CRA 269 approving war- rants and demands in the amount of $292.17. 10. ACTION ON REQUEST BY CRA: A. LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA City Manager Koski advised that pursuant to CRA Resolution No. CRA 268 and the levying of special assessments for certain benefited properties within the Rosemead Redevelopment Project Area, the Agency is required annually to order filed with the City Council a report relating to indebtedness of the Agency and its tax revenues allocated to pay incurred indebtedness within the project area. Councilman Gillanders moved to adopt Resolution No. 86 -2430, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA, seconded by Councilman Froehle and unanimously carried. 11. MATTERS FROM CITY OFFICIALS: A. REQUEST FROM TEMPLE CITY CHAMBER OF COMMERCE FOR INCREASE IN CONTRACT PAYMENTS Councilman Gillanders moved to increase the base contract price with the Temple City Chamber of Commerce to $1,916 per month to cover additional office space effective Decem- ber 1, 1985; and increase the modified base contract price to $3,749 per month effective April 1, 1986 to provide for additional clerical staff, seconded by Councilman Swain and unanimously carried. B. CALIFORNIA CONTRACT CITIES ASSOCIATION BOARD MEETING - SACRAMENTO, MAY 14 -15, 1936 Councilman Gillanders moved to approve Councilman Dennis's attendance at the California Contract Cities Association's Board Meeting in Sacramento May 14 and 15, 1936, and author- ized necessary expenditures, seconded by Councilman Swain and unanimously carried. C. COMMUNITY PARKLANDS ACT OF 1986, RESOLUTION IN SUPPORT OF PROPOSITION 43 City Manager Koski referred to staff correspondence directed to the City Council in the May 2 Friday Memo regarding the subject. Mr. Koski stated that, should the proposition pass, the Bond Act will be in effect July of 1986, and will pro- vide funds for community parks and park development. The Parks and Recreation Commission has gone on record as support- ing this issue. Councilman Dennis adamantly opposed any more bond issues by the State of California since it appears that citizens pay double what is actually given by the State. I 212 Council Minutes, May 6, 1986 - Page 10 The majority of the City Council expressed opposition to the proposed Proposition 43 and would, therefore, not sup- port Parks and Recreation Commission's recommendation. D. HISTORY OF TEMPLE CITY PRESENTATION - MARIE KLEIN AND CHERYL CATES Councilman Froehle inquired about the availability of the slide presentation put together by Marie Klein and Cheryl Cates of the Temple City Unified School District on the .history of Temple City. It was Councilman Froehle's hope that the slide presentation would be publicized and made available to schools and organizations within the community City Manager Koski assured Councilman Froehle that staff would follow up on this matter. 12. ADJOURNMENT: On motion by Councilman Swain, seconded by Councilman Froehle, the meeting adjourned to a Study Session with a group of con- cerned citizens at 10:05 p.m. Next meeting of the City Council will be held on Tuesday, May 20, 1986, at 7:30 p.m. MAYOR ATTEST: Chief De ty City C r