HomeMy Public PortalAboutCity Council_Minutes_1976-08-17_Regular 1976CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 17, 1976
INITIATION:
III 1. Mayor Greenberg called the regular meeting of the City Council to
order at 7:33 p.m. on Tuesday, August 17, 1976, in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend Paula.Luera- Whitmore, Temple
City Christian Church, 9723 Garibaldi Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg.
4. ROLL CALL:
Present: Councilmen- Dennis, Gilbertson ,Merritt,Tyrell,Greenberg
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich
5. APPROVAL OF MINUTES:
Councilman Dennis moved to approve the minutes of the regular meeting
held August 3,•1976, as written, seconded by Councilman Merritt and
carried, Councilman Gilbertson abstaining,
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION:
ZONE VARIANCE CASE 76-473 - 10929 FREER STREET
City Manager Koski presented background information, stating the Plan-
ning Commission, at their regular meeting held July 13, 1976, held
public hearing -and denied application for zone variance for an existing
addition to a single- family residence, with reduced rear yard setback
to 5 ft. from the • required 15 ft. from rear property line. Applicant
filed an appeal.from the. Planning Commission's decision requesting a
•public: hearing•for'the reasons-that Planning Commission's denial was
based:: on° reluctance` in- setting a' precedent, removal of the addition
would not•remove the objection -to :noise as expressed by an opponent
at the-Planning Comdssio.n:hearing_, and the.. addition was not built by
the:: owner :o .The majority of ;.the Planning .Commissioners-disapproved the
Negative' Declara.tion:; if: in: considering .the Negative Declaration Council
finds-no significant-envirotmental impact the Planning Commission's
decision can be overruled.
Mayor Greenberg declared the public hearing open. Councilman Gilbertson
moved to include the Planning Commission minutes as.a part of the record,
seconded by Councilman Merritt and carried.
Planning Director Dragicevich gave staff report stating the basic issue
is a proposed'zone variance for an existing residential dwelling with
less than the required setback; applicant bought the property recently
with the understanding from the former owners that all city ordinances
and permits had been approved. The Planning Director reviewed factual
data, zoning history and recommendations from the Building and Safety
Division to bring the structure up to code if a variance is granted.
In answer to Councilman Gilbertson's question whether-the addition to
the structure in question would have any potential adverse effect on
the full use of their neighbor's property, Mr. Dragicevich stated it
could restrict their full use of their property.
Mr. Keith Barrington, 5544 Persimmon Avenue, appellant, stated the
only complaint brought to the Planning Commission for removal of the
Council Minutes, August 17, 1976 - Page 2
existing structure, was the noise factor; since then he has moved
his television set to another area of the home; the construction of
the addition was done in 1974- and the former owners were under the
impression the contractor had performed the work according to City
code; he had letters from eight neighbors stating the building, in
their opinion, is not a public nuisance or problem; the reason the
Planning Commission denied the variance is that they did not want to
make an exception to the rule; and that he had received an estimate
from a contractor to remove the walls and convert the foundation to a
patio and build another bedroom according to code in the amount of
$13,940 which would create an extreme hardship.
Mrs. Osdell Rambeau, 5311 N. Farago, stated she had tried to call
someone's attention to the addition, but that it was constructed so
quickly and nothing done to correct it, that she thought it must be
all right. Mrs.. Rambeau stated that it is extremely difficult to
maintain privacy . in -her home as the addition faces her bedrooms and bath.
There being no others come forward to speak, Councilman Merritt moved
to close the public hearing, seconded by Councilman Dennis and carried.
City Manager Koski advised_ that he, has followed up Mrs. Rambeau's
report -that someone did come out, but did nothing to correct the problem,
and has ascertained that an-employee of the Building Department issued
a stop notice, but did not follow up or report the matter to City Hall,
which would have been the normal procedure.
City Attorney Martin advised the Council is proceeding on the basis of
a Negative Declaration in considering a zone variance and if Council
agrees with the Planning Commission that it does not have a significant
impact on the environment, the matter must be continued until a com-
prehensive report has been prepared and filed.
Councilman Tyrell moved to certify the Negative Declaration of Environ-
mental Impact Report, seconded by Councilman Gilbertson and carried.
City Attorney Martin advised that in considering the zone variance all
conditions outlined in Section 9201 of the Zoning Code must be met,
and that Council must judge the application as though the addition
does not already exist.
Councilman Dennis stated'Mr; Barrington felt the only 'basis for Plan -
ming-Commission ~denial was to protect their image, however the Planning
Commission minutes: clearly show the Commission's concern for setting a
precedent for anyone else to have an illegal addiltion.legalized, and
their resolution addresses itself to the criteria as set forth in
Section 9201 of the Zoning Code. In his opinion the property can be
used without a variance and the property owner is not prevented from
enjoying the full use of his property.
Councilman Gilbertson expressed concern over Mr. Barrington's-statement
that the only basis for Planning Commission denial was to protect their
image. He stated the Planning Commission acted as he would expect them
to. He stated it was difficult for him to place the matter in proper
context and deal with the request as though the addition does not exist,
but he personally feels the burden of proof for granting a variance has
not been met.
Mayor Greenberg agreed that the City Attorney had placed the matter in
its proper perspective and that the appellant has not proven why Council
should overturn the Planning Commission's decision.
Councilman Tyrell stated he has difficulty ignoring the fact that the
addition exists and feels that corrective measures -would 'place a hardship
on the appellant; that the owner has very little use of his property; the
only complaint was a noise factor and the structure does not interfere
with the neighbor's right to use their property; and that there is not
greater violation than many of the legal non - conforming uses the City
must live with.
1
1
Council Minutes, August 17, 1976 -- Page 3
Councilman Merritt stated-had the request for variance been brought
before the Council prior to construction, he would turn it down, but
does not feel anything can be gained by requiring the. appellant to
remove the existing structure.
Councilman-.Tyrell moved to grant the appeal from Planning Commission
decision'in'Zone Variance Case 76 -473, subject to bringing the
structure up to code pursuant to the Building and Safety Division
memo dated June 11, 1976 within 60 days, seconded by Councilman Merritt
and carried on .a roll call vote:
ROLL CALL:
AYES: Councilmen- Gilbertson, Merritt, Tyrell:.
NOES: Councilmen - Dennis, Greenberg
Councilman Merritt moved to adopt Resolution No. 76 -1572 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING A VARIANCE IN
VARIANCE CASE NO. 76 -473, seconded by Councilman Tyrell and. carried,
Councilman Dennis and-Mayor Greenberg noting their objection.
7. ORDINANCE NO. 76 -437: 1st read. AMENDING THE TEMPLE CITY MUNICIPAL
CODE RELATING TO PERSONNEL
City. Attorney Martin presented Ordinance No. 76 -437 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING SECTIONS 2345 AND 2346 OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO OVERTIME COMPENSATION for first reading
by title only.. Councilman Tyrell moved to waive further reading,
seconded by Councilman Gilbertson and carried.
8. LOMA AVENUE SEWER PETITION DISTRICT
City Manager Koski presented petition with estimated assessments for
11 parcels for sewer district to be formed under the Municipal Improve-
ment Act of 1913 which was prepared by City Engineer pursuant to Council
authorization of June 1, 1976.
Councilman Gilbertson moved to authorize circulation of petition, which
requires signatures of 60% of the property owners of the area within the
proposed assessment district, seconded by Councilman Tyrell and carried.
NEW BUSINESS:
9. RESOLUTION N0...76 =1569: "ZERO TAX•RATE.FOR CITY OF TEMPLE CITY
FISCAL-YEAR 1976-77
City 'Manager 'Koski gave background information stating that Section
51511 of. the Government Code of the State of California specifies that
the City legislative body shall fix the rate of taxes by designating
the number of cents •upon 'each one hundred dollars of assessed valuation
before September 1 of each year.
Councilman Tyrell moved to adopt Resolution No. 76 -1569 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY INDICATING NO CITY TAX
RATE FOR THE FISCAL YEAR 1976 -77, seconded by Councilman Merritt and
carried.
Mayor Greenberg expressed the satisfaction of the City Council to be
able to adopt a`zero tax rate for the 17th consecutive year.
I 10. RESOLUTION NO. 76 -1570: LEVYING A SPECIAL ASSESSMENT TAX WITHIN THE
TEMPLE CITY MUNICIPAL LIGHTING DISTRICT FOR FISCAL YEAR 1976 -77
City Manager Koski presented Resolution No. 76 -1570 setting the tax
rate for the Temple City Municipal Lighting District which reflects
a decrease of 10% in Zone A and 13% in Zone B.
Councilman Gilbertson moved to adopt Resolution No. 76 -1570 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING A SPECIAL ASSESS -
MENT TAX WITHIN TEMPLE CITY MUNICIPAL LIGHTING DISTRICT FOR THE FISCAL
YEAR 1976 -77, seconded by Councilman Merritt and carried.
Council Minutes, August 17, 1976 - Page 4
11. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of August 10, 1976
CLARIFICATION OF AMBUIGITY - AUTOMOBILE SALES OF NEW CARS
City Manager Koski. presented background information,, stating the
Planning Commission, at their regular meeting held August 10, 1976,
received a request to relocate'a used car lot in a C-2 zone where
sale of used cars-and repair are incidental to the primary operation
pursuant to Section 9380(8) of the Temple City Zoning Code. The Plan-
ning Commission adopted Resolution No. 76 -705PC recommending to City
Council that Section 9380(A)8 be interpreted to permit the sale of
used cars in conjunction with new car sales, provided that the per-
centage of new .cars equals a minimum of at least 51% of the total car
inventory, and the term cars to include recreational vehicles.
Councilman Gilbertson stated he had assumed that any new car agency
authorized in the C -2 zone would have at least 51% of his stock in
new cars, however all agencies sell trade -in vehicles. He felt it
could not be interpreted any other way. Councilman Dennis was in
agreement with Councilman-Gilbertson's interpretation.
Councilman Merritt felt that primary use would be .a greater percentage.
than 51 %, with used cars being of much less percentage. Mayor Greenberg
agreed that he does not feel 51% represents a prime use.
Councilmen Gilbertson and Tyrell were concerned that 51% could be
interpreted as a dollar amount in sales which could result in a larger
stock in used cars and, therefore, Section 9380(A)8 should specify 51%
of the total car inventory by units.
Councilman Tyrell moved to concur with the Planning Commission
Resolution No..76 -705PC and refer back to the Planning Commission to
initiate appropriate action to amend the Temple City Zoning Code,
seconded by Councilman Dennis and carried.
Mr. Terry Baker, 355 Cliff Drive, Pasadena, stated that since the
Planning Commission meeting he has obtained a recreation vehicle
franchise which includes trailer homes, campers and shells, and is
negotiating for a franchise for large motor homes. He stated he does
see financial difficulties in carrying 51% of the total inventory by
units.
12, RECOMMENDATIONS FROM-TRAFFIC COMMISSION - Meeting of August 4, 1976
MODIFICATION-OF-PARKING-RESTRICTIONS-ADJACENT TO SCHOOLS
City Manager Koski advised a survey was made of the existing regulations
adjacent to all schools in the City by the Traffic Engineer and Assistant
City Manager and contact made with the respective principals to determine
if existing regulations were satisfactory; based upon requests from the
principals and field check, Traffic Engineer recommended to Traffic
Commission certain • changes. The Traffic Commission, at their regular
meeting held August 4, 1976, recommended changes in existing regulations
-at .Emperor School,: Cioveriy School and La Rosa School as set forth in
memo dated August 5, 1976 and on file in the City Clerk's office.
Councilman- Tyrell moved to approve Traffic Commission recommendations
1, 2a, and 2b as set forth in memo dated August 5, 1976, seconded by
Councilman Dennis and carried.
Councilman Gilbertson, stated the no parking signs on the north side of
La Rosa Drive between. Rio Hondo and Alessandro Avenue. were not placed
there_solely for the benefit of buses, and he feels that for the safety
of children being dropped off and picked up at school the signs are
still necessary.
Councilman Tyrell moved to deny recommendation 3 set forth in memo
dated August 5, 1976, seconded by Councilman Merritt and carried.
1
1
Council Minutes, August 17, 1976 - Page 5
13. PARKING RESTRICTIONS - ROSEMEAD BOULEVARD, WEST SIDE„LAS TUNAS TO
BROADWAY
City Manager Koski advised that pursuant to the sign and striping plan
for Rosemead Boulevard in the CRA area, the State requires Council
action before "No Stopping Anytime" signs can be installed. The signs
are to be posted on existing street light standards on the west side of
Rosemead Boulevard from Las Tunas to Broadway.
Councilman Tyrell moved to approve installation of "No Stopping Anytime"
signs on the west side of Rosemead Boulevard from Las Tunas Drive to
Broadway, pursuant to sign and striping plan in the CRA area, seconded
by Councilman Dennis and carried.
14. RESOLUTION NO. 76 -1571: WARRANTS & DEMANDS, Demand Nos. 4840 thru
4924 in the amount of $53,781.32
Councilman Tyrell moved to adopt Resolution No. 76 -1571 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $53,781.32, DEMAND NOS. 4840 THRU 4924, seconded
by Councilman Dennis and carried, Mayor Greenberg noting his non -
participation as it relates to check number 4891.
15.. COMMUNICATIONS:.
A. Temple City Chamber of Commerce - Request to Hang Banner
City Manager Koski presented a request from the Temple City Chamber of
Commerce to hang _a banner across the 9600 block of Las Tunas Drive to
advertise the West San Gabriel Valley Health Fair to be held at
Cal -State campus, September 18 and 19, 1976. The. Chamber also requested
the Parks and Recreation Department to install the banner.
Councilman Gilbertson moved to approve request of Temple City Chamber
of Commerce to hang banner across the 9600 block of Las Tunas Drive
from September 10, 1976 to be removed no later than September 20, 1976,
however, approval not to include installation by Parks and Recreation
Department, based on increased liability risk, seconded by Councilman
Tyrell and carried.
16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mrs.. Marianne °Mitch, Manager, Temple City Chamber of Commerce, thanked
Council for permission to hang the banner in conjunction with the West
San Gabriel Valley Health Fair, stating the fair is a worthwhile endeavor
and expressed the hope the public will take advantage of this opportunity.
RECESS TO CRA:
The City Council recessed at 8:39 p.m. to meet as, the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held August 3, 1976; adopted resolution approving warrants and demands;
approved proposal from Harman & Company for auditing services; approved the
elevation plans for the EGS retail shops; and set public hearing September 7
to consider the Disposition and Development Agreement between Agency and Miller
Properties. The minutes are set forth in full in the records of the Agency.
IRECONVENE AS CITY COUNCIL:
17. ACTION ON REQUEST BY CRA:
There was no action to be taken.
18. MATTERS FROM CITY OFFICIALS:
A. ACCEPTANCE OF WO.K: CONTRACT #4, LIVE OAK PARK -
ELECTRICAL /TELEPpNE RECONNECT
City Manager Koski advised that final inspection was made by Store,
Matakovich and Wolfberg who have recommended the work be accepted.
Council Minutes, August 17, 1976 - Page 6
Councilman Merritt moved to accept the work and authorize payment in
the amount of $2,978.91, filing of Notice of Completion and release
of 10% retention at the end of the 35 -day lien period, seconded by
Mayor Greenberg and carried.
B. City Council received and filed communication from the California
Contract Cities Association requesting proposals for amendment to the
By -laws be forwarded to the By -laws committee prior to their meeting
to be held August 25, 1976.
C. SETBACK REQUIREMENTS = LA ROSA DRIVE
City Manager Koski advised that several residents -on La Rosa Drive,
east of Baldwin Avenue, have expressed concern that the construction
of _ a new building at the northwest: corner of La Rosa and Rosevale
Drive, with a 20 ft,-setback, would adversely affect .their property
values since the two blocks -on La Rosa, east of Baldwin, have been
developed primarily with a 70 ft. setback. The 70 ft. setback was
created by County ordinance and was in effect until the adoption of
the Temple City Zoning Code. The City Attorney has given the City
an opinion regarding the matter, stating that all county ordinances,
including setbacks, have been superseded by the adoption of the Temple
City Zoning Code, and the City cannot establish setbacks based on the
average setback within the neighborhood.
Councilman Gilbertson stated the property owner is entitled to the
same property rights enjoyed by other R -1 property owners under the
Zoning Code.
Councilman Tyreil.expressed a concern for the property values of
residents with- a.70'. setback, and felt that one section of the City
does not necessarily have to have the same restrictions as another
section, however, if the residents want a certain setback, they should
be doing something legally to protect their interests.
In answer to question regarding legality of a special zone, City Attorney
Martin stated it was possible to create an R -1 -S (special) zone with re-
quired setbacks being other than a 20 ft. setback as specified in the
current Zoning. Code.
Councilman Merritt moved to concur with the City Attorney's opinion as
outlined: in his-letter dated July 26, 1976, seconded by Councilman
Gilbertson ' and °carried, Councilman Tyrell noting his objection.
D. STREET IMPROVEMENTS - KAUFFMAN AVENUE, SOUTHERLY OF SPARKLETT AVENUE
(Curb, Gutter, Driveway Approaches and Roadway Reconstruction)
City Manager Koski presented background information, stating the City
Council, at their regular meeting held June 15, 1976, authorized staff
to proceed with plans and specifications for the improvement of. Kauffman
Avenue in coordination with the Weber Development. The plans and speci-
fications have been completed by the Los Angeles County Road Department
for Council review,
Councilman Gilbertson moved to approve the tentative calendar of events,
approve the plans and specifications for Cash Contract 9786X and
authorize the advertising and receiving of bids, seconded by Councilman
Merritt and carried.
E. USE OF TEMPLE CITY LIBRARY BASEMENT AS CITY EMERGENCY OPERATING
CENTER
City Manager Koski directed Council's attention to, the memo they received
regarding an emergency operating center to provide an alternative facility
with adequate space and protection.
Councilman Gilbertson moved to authorize staff to negotiate with the
Los Angeles County Facilities Department for a long term lease permitting
1
1
1
Council Minutes, August 17, 1976 - Page 7
the use of the. Temple. City Library basement as the City's emergency
operating center and to proceed with the pre-application process
for federal assistance for construction, seconded by Councilman
Merritt and carried.
F. Councilman Gilbertson directed Council's attention to a news
release by the San Gabriel Valley Association of Cities relating to
cooperative efforts by police departments in securing criminal evidence
against pornographic establishments, stating it was the association's
position that private citizens are not qualified to make good witnesses.
Councilman Gilbertson moved to support the policy of the San Gabriel
Valley Association of Cities, seconded by Councilman Tyrell and carried.
Councilman Gilbertson directed Council's attention to the meeting of
the San Gabriel Valley Association of Cities to be held Thursday,
August 26. Guest speaker will be Philip Watson, County Assessor.
G. Mayor Greenberg directed Council's attention to the increase in
costs for law enforcement, and a report indicating, the increase in
crimes. Council concurred in the need to explore alternatives for law
enforcement.
Mayor Greenberg advised the Parks and Recreation Commission has requested
a joint study session to discuss Live Oak Park development and the size,
location and City participation in the new Concession stand in particular.
19. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Gilbertson,
Council adjourned at 9:27 p.m, to an adjourned meeting to be held
Tuesday, August 31, 1976, 7:30 p.m. for the purpose of holding a
joint meeting with the Parks and Recreation Commission to review Live
Oak Park development. The next regular meeting of the City Council
will be held Tuesday, September 7, 1976, 7:30 p.m. in the Council
Chamber of the City Hall.
ATTEST:
Ch=ef Deputy City Clerk
MAYOR