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HomeMy Public PortalAboutCity Council_Minutes_1979-10-02_Regular 19791 CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER _'.2, 1979 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, October 2, 1979, in the Council Chamber of the City Hall. 2. INVOCATION: The invocation was given by Dr. Marshall Ketchum, First United Methodist Church, 5957 N. Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Absent; Also Present: Councilmen - Gillanders, Merritt, Tyrell, Dennis Councilman - Atkins City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragieevich, Parks and Recreation Director Kobett, Roy Buchan, Building and Safety Department, and Julie Estrada, Temple City Times Councilman Tyrell moved to excuse Councilman Atkins for cause, seconded by Councilman Gillanders and carried. 5, CONSENT CALENDAR: On motion by Councilman Tyrell, seconded by Councilman Merritt, Items A through F were approved as recommended:. A. APPROVAL OF MINUTES: Regular Meeting of September 18, 1979 Approved as written. B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Meeting of September 19 - REQUEST FOR USE OF LIVE OAK PARK FOR TEMPLE CITY CAMPFIRE GIRLS PANCAKE BREAKFAST Approved subject to the required Certificate of Insurance. C. PARTIAL PAYMENT: LIVE OAK AVENUE IMPROVEMENT PROJECT Approved payment,to Crowell & Larsen in the amount of $38,095.60 for work performed under the contract for the improvement of Live Oak Avenue from Baldwin to El Monte. D. DIRECTIONAL SIGNING: LIVE OAK AVENUE AND HOLLY AVENUE Approved 12 -inch flourescent traffic cones on Holly Avenue to delineate right turn moves onto Live Oak Avenue. E. RESOLUTION NO. 79 -1842: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 79 -1842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. F. RESOLUTION NO. 79 -1843: WARRANTS AND DEMANDS Adopted Resolution No. 79 -1843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $158,752.60, DEMAND NOS. 12977 THRU 13072. Council Minutes, October 2, 1979 - Page 2 UNFINISHED BUSINESS: 6. ORDINANCE' NO. 79 -480: 2nd read. RELATING TO NEWS RACKS City Attorney Martin presented Ordinance No. 79 -480 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTIONS 4253 AND 4254 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO NEWS RACKS for second reading by title only, Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Gillanders and carried, 7 PUBLIC HEARING: ORDINANCE NO. 79 -481: 2nd read. ADOPTION OF 1979 LOS ANGELES COUNTY ELECTRICAL CODE City Manager Koski presented background information, stating the County Board of Supervisors adopted the 1978 Edition of the National Electrical Code May 24, 1979. The national model code is upgraded every three years; the County Counsel has determined that the docu- ment will not have a significant impact on the environment and, therefore, the requirements of the California Environmental Quality Act are not applicable. City Council, at their regular meeting held September 18, 1979, .held first reading on Ordinance No. 79 -481 and set public hearing October 2, 1979. Mayor Dennis declared the public hearing open. Roy Buchan, Engineer, County Building and Safety Department, advised that in keeping with the state housing code, the County has adopted the national model code, which has been adopted by most of the surrounding cities. There being no one come forward to speak to the subject, Councilman Tyrell moved to close public hearing, seconded by Councilman Gillanders and carried, City Attorney Martin questioned Mr. Buchan whether the changes that have been made are made because of the uniqueness of Temple City and necessary to accomplish the goals of the City. Mr. Buchan answered in the affirmative. City Attorney Martin read Ordinance No. 79 -481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF TEMPLE CITY AMENDING ORDINANCE NO. 68 -270 OF SAID CITY BY ADOPTING BY REFERENCE THE 1979 EDITION OF TuE: LOS ANGELES COUNTY ELECTRICAL CODE by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 8 PUBLIC HEARING: STANDARDS FOR CONDOMINIUM CONVERSION AND NEW CONSTRUCTION City Manager Koski gave background information stating the Planning Commission and staff developed a set of standards for condominium conversions and new condominium construction; the Planning Commission, at their regular meeting held September 11, 1979 held public hearing and by adoption. of Resolution No. 79- 868PC, recommended a set of standards to the City Council. Pursuant to the provisions of the California Environmental Quality Act of 1970, as amended, a Negative Declaration of Environmental Impact was approved for filing by the Planning Commission. City Council, at their meeting held September 18, set public hearing for October 2. Mayor Dennis declared the public hearing open and requested City Manager give a brief overview regarding conversions. City Manager Koski advised that Chapter 3, Condominium Conversions, as proposed, has four sections: 9530, Gives the intent and purpose, that being to provide criteria and guidelines for condominium conversions. 9531. Defines condominium conversion, condominiums, and stock cooperatives. 9532. Provides for procedures for conversion, including Conditional Use Permit; permitted zones; approval of the covenants, conditions 1 Council Minutes, October 2, 1979 - Page 3 and restrictions; submission of a property report describing the age and condition of the proposed conversions, including method and cost for correcting deficiencies noted; pest report; certificate of occupancy;. and that the conversions will be brought up to building codes current at the time of conversion. 9533. Provides for procedures and design criteria, specifying m in mum lot areas per unit; minimum floor area per unit; open space requirements for each zone; parking requirements; street frontage, specifically, one -story structures, at least 80 feet, two -story structures, at least 100 feet; and providing for storage area, trash and garbage collection; and certain utility and mechanical require- ments. Also the code requires notice to the tenants, providing each tenant a pre - emptive right to purchase a unit on the same terms as offered for sale to anyone else. Mayor Dennis invited comment relating to the proposed standards for condominium conversion. Armenag Goganian, 6127 N. Golden West Avenue, wanted to know if there is any benefit to the City to convert apartments to condominiums. Mr. Goganian was advised there is no..benefit to the City except possibly the fact that property ownership would be involved which tends to make a community more stable. :There being no one else come forward to speak to the_pr- oposed standards for condominium conversion, Councilman Tyrell moved to close the hearing on condominium conversion, seconded by Councilman Gillanders and carried. At the request of the Mayor, City Manager Koski gave a brief overview of the proposed standards for,new condominium construction, advising. that Chapter 4, Condominium Construction, comprises four sections: 9560. Gives the intent and purpose and provides criteria and guide lines which include density, compatibility with the surrounding . neighborhood,, and aesthetics. 9561. Provides definition for condominiums, community apartment pro, TEE-Es, and stock cooperatives. 9562. Provides that construction of condominiums requires a Conditional Use Permit; permitted zones; approval of the covenants, conditions and . restrictions; and submission of tentative tract map approval.. 9563. Provides design criteria; specifying minimum lot areas per uT; sideyard setbacks; parking requirements; and. requirements for laundry facilities, trash and garbage collection, etc. Councilman Merritt stated there are a number of 50 f.t. lots in the . city that could not be developed under the proposed criteria that . minimum lot widths for one -story structures be at least 80 f:t. and he would like to see anything up to four units on a 50 ft. lot. Mayor Dennis invited comment relating to the proposed standards for new condominium construction. Harold Kreeble, 5803 Encinita Avenue, stated he has been thinking. a out eve °ping condominiums and although his lot has 68 ft. of frontage, the lot is 19,000 sq. ft.„ He inquired whether a provision has been made for application for variance. Mr. Kreeble was advised the Planning Commission would have to hear a proposal which would require a plan for their consideration. Bob Myer, 9063 Broadway, stated he has a 73 ft. lot which would limit him to one -story development under the proposed criteria, and he feels the minimum lot width criteria is not an equitable way to control density. He further stated his property would only be 50% of its worth if he has to build apartments. Councilman Tyrell responded the minimum lot width is not solely to control density; that the Council has constant complaints that two- story structures present a continuous wall facing back yards. Council Minutes, October 2, 1979 - Page 4 Lois Yount, 5048 Sereno, inquired as to how to go about getting a variance, and she was advised there are specific procedures which involves a filing fee and requires a public hearing before the Planning Commission. Luie Chang, 1000 Concord, Montebello, stated he owns property in Temple City and if he were to build apartments the old rules would apply; that is, 5 ft. setbacks, etc, and he would like to see the same requirements for apartment development. Mr. Chang also inquired about the special conditions for underground parking, and was advised specific recommendations from the Fire Department would be based on th plan submitted. There being no one else come forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Gillanders and carried. Council discussed Section 9563(5) relating to sideyard setbacks and whether the 15 ft. setback would apply to the entire structure or only the second story of a two -story structure, and agreed that the developer should have the option; that is, the developer could have the first story at 10 ft, and must have the second story at 15 ft,, or the entire structure could be 15 ft, City Attorney Martin introduced Ordinance No, 79 -484 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW CHAPTERS 3 AND 4 TO ARTICLE IX OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION for first reading by title only, including . changes of the City Council as contained in staff memo dated October 2, to be referred to the Planning Commission for review prior to second reading on October 16, 1979. Councilman Tyrell moved to waive further reading, seconded by Councilman Gillanders and carried. Mayor Dennis stated he disagrees with the ordinance as written, that in order to allow older structures to be incorporated into a con - version which involves new construction, a single family residence or duplex would have to be upgraded to a certain degree. Mayor Dennis did not feel the older structure should have to be upgraded to current code where a purchaser is willing to purchase an older structure, in that equitable arrangement could be made for fees charged to the older structure. Councilman Tyrell stated if older structures are not required to be brought up to code then you would have a section of the condominium which appears to be the same because of aesthetics but which is, in fact, substandard,inconnection with the rest of the structures, and he feels there is no way to determine what percentage of the entire development should be charged a fee in relation to the rest. Council- man Tyrell also felt that, in addition, being substandard, it would create more of a hazard; and not bringing the structure up to current standards would jeopardize the new construction, Councilman Tyrell moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Merritt and carried. 9. PUBLIC HEARING: EXTEND ORDINANCE NO, 79 -476 RELATING TO MORATORIUM ON CONDOMINIUM CONVERSIONS City Manager Koski advised that the moratorium on condominium con- versions will expire October 12, 1979 and because the standards for condominium conversion could not become effective before November 16, 1979, City Council set public hearing October 2 to consider an extension of the moratorium, Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward, There being no one come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Gillanders and carried. Council Minutes, October 2, 1979 - Page 5 City Attorney Martin introduced Ordinance No, 79 -482 AN ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO, 79 -476, for adoption by title only, the expiration date being November 17, 1979, Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Gillanders and carried. 10. PUBLIC HEARING: EXTEND ORDINANCE NO, 79 -478 RELATING TO MORATORIUM ON NEW CONDOMINIUM CONSTRUCTION City Manager Koski advised that the moratorium on new condominium construction will expire October 6, 1979 and because the standards for condominium construction could not become effective before November 16, 1979, City Council set public hearing October 2 to consider an extension of the moratorium, Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward, There being no one come forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Gillanders and carried. `City Attorney Martin introduced Ordinance Noo 79 -483 AN ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO, 79 -478, for adoption by title only, the expiration date being November 17, 1979, Councilman Tyrell moved to waive further reading and adopt, :seconded by Councilman Gillanders and carried. :1: PUBLIC HEARING: APPEAL FROM PLANNING COMMISSION DENIAL IN_ZONE VARIANCE CASE 79 -564 - 6234 -62362 TEMPLE CITY BOULEVARD City Manager Koski presented background, stating the Planning Com- mission, at their meeting held August 28, 1979, held public hearing and adopted Resolution No. 79 -867PC denying a zone variance in Case Noe 79 -564. The subject property is located on the east side of Temple City Boulevard between Garibaldi and Longden Avenues, has an area of 7,875 sq. ft, with 45 ft. frontage; the existing develop- ment consists of a duplex in the front and a unit built over the garage in the rear. There is an existing substandard two -car garage between the duplex and the unit in the rear and a two -car garage below the unit in the rear. The bachelor unit behind the two -car garage and the unit in the rear was converted to living quarters without obtaining a building permit, At issue is the required parking of 2 spaces for the proposed unit, where presently there is no parking provided, and the size of the unit which is 300 sq. ft. and it is required to be 600 sq. ft. The Planning Commission unani- mously denied the variance based on the fact none of the requirements of Section 9201 of the Zoning Code have been met by the application, and the request is nothing more than an attempt to validate that which was erroneously or improperly placed upon the property. The applicant submitted an appeal within the prescribed time for filing and City Council, at their regular meeting held September 18, 1979, set public hearing October 2, Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward, Dou lass Barr , 1370 Van Dyke Road, San Marino, the applicant, stated e di not create the problem, rather it existed when he purchased the property. The Planning Commission's major objection to allowing the unit to remain was the parking problem. He explained he has attempted in his appeal to show the size of the unit does not attract tenants with a number of cars. Over the past six or seven years overnight parking permits issued to tenants shows parking is not a problem. The unit is hidden from the street and does not create an eyesore. There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Mayor Dennis and carried_ Council Minutes, October 2, 1979 - Page 6 Councilman Tyrell stated the applicant has done an admirable job with the property, he has inherited the problem that exists, however the Council has traditionally been opposed to tandem parking which is what the applicant proposes as an answer to the parking problem, Councilman Gillanders agreed the property is beautifully maintained, however, if this is legalized, other applicants will be trying to legalize non- conforming structures, Mayor Dennis stated he feels the 300 sq. ft, unit is the issue, and approving the request will set a precedent. Councilman Merritt agreed, Councilman Tyrell moved to deny the appeal, seconded by Councilman Merritt and carried, Councilman Tyrell left the meeting at 9:10 p.m. 12, PUBLIC HEARING: TENTATIVE PARCEL MAP NO, 574 - 6131 GOLDEN WEST AVENUE City Manager Koski presented background information stating the Planning Commission, at their regular meeting held August 28, 1979, adopted Resolution Noo 79 -866PC recommending approval of Tentative Parcel Map No. 574, for a 4 -unit condominium project, located on the west side of Golden West Avenue, 300 ft, north of Garibaldi Avenue. The property has a 65 ft. street frontage, with a depth of 267.87 ft Proposed are four two -story units, each with a two -car attached garage and an additional carport for one unit, One open parking space is provided. The project is categorically exempt from the provisions of the California Environmental Quality. Act of 1970, as amended, Because of opposition voiced at the public hearing held•before the Planning Commission, the City Attorney advised. the Commission to recommend approval to the City Council. City Council, at their regular meeting of September 18, 1979 set public hearing October 2. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward Emil Metz, 2225 S, Date Avenue, Alhambra,. applicant, stated that at Erie Planning Commission hearing, some of the neighbors felt it would be more desirable to them if the plan were reversed, and he had agreed re'luctant'ly, however, he now feels he would prefer the reversed plan Albert Ordino, 6138 N. Kauffman Avenue, stated that he had opposed the p ii at the Planning Commission meeting and suggested the plan be reversed, Now that Mr1 Metz has agreed to reversing the plan, he withdrew his objection', dames Vivona, 6137 Golden West Avenue, stated' he strongly objected to the approval of two -story condominiums being approved with only. 65 ft, frontage just prior to adopting an ordinance requiring 100 ft, frontage. Arinena Goganian, 6127 Golden West Avenue, stated he would like to see the property developed, but objected to approval permitting development under the present code when the code will be changed within a month, Mr. Goganian objected to the two - story development. 'John Noetzel, 6138 Golden West Avenue, stated he owns R -1 property and objects to seeing condominiums being developed across the street; and also that he does not like -the density; Mr, Goganian asked why the Council is holding a public hearing if the proposed development meets the code, and was advised the Council is holding the public hearing as a courtesy to the neighbors who objected at the Planning Commission meeting; and that their comments will be taken into consideration in Council's decision, Council Minutes, October 2, 1979 - Page 7 1 There being no one else come forward, Councilman Gillanders moved to close the public hearing, seconded by Councilman Merritt and carried, Mayor Dennis stated that one of the reasons for the proposed standards for condominium development is to improve the aesthetics by eliminating the solid wall. This proposed project is broken up so that the two - story sections has a pleasing line. Councilman Merritt stated the proposed project is a good plan and does not do any more than a single family residence would do, Councilman Merritt moved to amend the Draft Environmental Impact to include the comments of those testifying at the public hearing and response thereto, that the City Council certify that the Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the State guidelines and the City Council has reviewed and considered the information contained in the report; that the final E.I.R. is adequate and provides reasonable information on the project and all feasible alternatives thereto; and that each and every adverse environmental impact contained in the amended report is overruled and counterbalanced by economic and social needs, objectives, and concerns in providing private or public improvements of municipal import, seconded by Councilman Gillanders and carried. Councilman Gillanders moved to confirm Planning Conuuission Resolution No, 79 -866PC subject to the condition the plan is reversed, seconded by Councilman Merritt and carried, NEW BUSINESS: None, 13, COMMUNICATIONS:_. 1 A. Petition • for relief from. Parking Problem: Rowland Avenue, Las Tunas: Drive •to Workman Avenue City Manager Koski .presented .a petition signed by residents on Rowland Avenue, Las Tunas Drive to Workman Avenue, requesting relief from parking problem resulting from employees of Continental Bank parking . between the hours of 8 a.m. to 5030 p.m, Councilman Merritt moved: to refer the matter to the Traffic Commission meeting to be•he' d October. 3 for their review and recommendation, seconded by Councilman:Gi.11anders and carried, 14, TIME FOR THOSE IN THE AUDIENCE. WHO WISH TO SPEAK: No one came forwar.dt.. 'RECESS TO CRA: City Council recessed: at 9 :43 p.m. to meet as the Community Redevelopment Agency, Mr, Atkins. and Mr. Tyre.11. being absent, and approved the minutes of the regular meeting, held. September 18, 1979. The minutes are set forth in full in the records of the Agency. CONVENE AS CITY COUNCIL:: 5. ACTION ON REQUEST. BY CRA: There was no action! to be: taken 16. • MATTERS -FROM CITY OFFICIALS: A. City Council r:eceived`,and filed a memo from the City Manager relating to the proposed transfer of territory from the San Gabriel School District to Temple City Unified School District. Council Minutes, October 2, 1979 - Page B. City Council approved creation of "Clerk" classification and job specifications, and the appointment of Marilyn Prock, effective October 1, 1979, by motion by Councilman Gillanders, seconded by Councilman Merritt and carried. C. City Council received and filed a memo from the Director of Parks and Recreation concerning request from Temple City Tennis Club to extend their reserved use of the tennis courts at Live Oak Park, Parks and Recreation Commission considered their request an&dei ed the request feeling the Club should continue their trial reserved use of the tennis courts for the full four month period approved by City Council. D, Ordinance No, 79 -485 Relating to Display of Narcotic and other Paraphernalia City Attorney Martin introduced Ordinance No. 79 -485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO REQUIRE BUSINESS PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP, OR ANY CON- TROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO MINORS for first reading by title only. Councilman Gillanders moved to waive further reading;' seconded by Councilman Merritt and carried. E. Councilman Gillanders stated he is concerned with the minimum requirement of 80 ft. frontage for single story condominium and suggested Council might consider a minimum of 50 ft, frontage for single story condominium, 80 ft, for five or more, and 100 ft. for two -story condominium development.. City Attorney Martin advised that in order to maintain the schedule . of adopting the standards no later than November 16, 1979 Council could have first reading of a new ordinance incorporating the changes in Section 9563(4). as discussed: (a) for four or less units in a one -story structure; at least 50 feet; (b) for five or more units in a one- story structure: at least 80 feet; and (c) wherever any portion of the structure is more than one- story: at least 100 feet. City Attorney Martin. introduced Ordinance No. 79 -486 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW CHAPTERS 3 AND 4 TO ARTIC,EIX OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVERSION, for first reading by title only. 'Council- man Merritt moved to waive further reading, seconded by Councilman Gillanders and carried, F. Mayor Dennis requested the City Attorney to prepare an ordinance for first reading in the same format to apply to apartment structures to be sent to the Planning Commission for their review. 17. ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Gillanders, meeting adjourned at 10 p.m. Next regular meeting of the City Council will be held Tuesday, October 16, 1979, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: