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HomeMy Public PortalAboutCity Council_Minutes_1982-11-02_Regular 19821 CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBEk 2, 1982 INITIATION: 1. CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, November 2, 1982, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Henry Mattson, Seventh Day Adventist Church, 9664 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen - Atkins, Dennis, Gillanders, Swain, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Parks and Recreation Director Kobett, Planning Director Shaw, and Julie Estrada, Temple City Times Mayor Tyrell stated he had talked with Julie Estrada and was informed the Timeshad received a number of calls in connection with the Halloween program at Live Oak Park, all being favorable. It is estimated 2000 people attended the party and the Mayor congratulated staff on the tremendous job planning the program in a short period of time. CONSENT CALENDAR: Councilman Atkins moved to approved Items A through M on the Consent Calendar as recommended, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES - Regular Meeting of October 5, 1982. Approved as written. B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Meeting of October 20, 1982 - TEMPLE CITY LITTLE LEAGUE BASEBALL REQUEST TO INSTALL FLAGPOLE ON SOUTH DIAMOND, LIVE OAK PARK Approved request received from Temple City American Little League to install a 20' flagpole at Live Oak Park adjacent to the south ball diamond at no expense to the City with the understanding the organization be responsible for the ongoing maintenance and repair of the pole and that the pole include a locking system for the rope or cable by which the flags are hoisted. C. RECOMMENDATIONS FROM PLANNING COMMISSION (1) PROPERTY NUISANCE CASE 82 -81 - O'Rourke, 4952 El Monte Avenue Adopted Resolution No. 82 -2110 ordering abatement of a public nuisance within 30 days. (2) TENTATIVE TRACT 36735 AND TENTATIVE TRACT 37580 - EAST SIDE OF ARDEN AT LA ROSA (FORMERLY SEEMAN SCHOOL) Set public hearing November 16, 1982 to consider approval of subject tracts approved by the Planning Commission at their regular meeting held October 26, 1982. (3) PLANNING COMMISSION ACTION Received and filed memo from Planning Commission relating to action taken at their regular meeting held October 26, 1982. Council Minutes - November 2, 1982 - Page 2 D. AMENDMENT TO AGREEMENT: OPTIMAL DATA SYSTEMS Authorized City Clerk to notify Alhambra Municipal Court of termination of contract relating to collection of traffic citations, and amended contract with Optimal Data to include collection and appropriated an additional $500 and amended the adopted budget accordingly. E. TREE REMOVALS - LANDSEER STREET AND DEGAS AVENUE Approved the removal of 15 diseased Plum trees on subject streets subject to California Environmental Quality Act. F. APPROPRIATION FOR NEIGHBORHOOD WATCH PROGRAM Authorized allocation of $3,800. for the Neighborhood Watch Program and amended the adopted budget accordingly. G. FAIR HOUSING PROGRAM Directed staff to prepare a letter of commitment to the Los Angeles County Community Development Commission indicating that Temple City will develop and implement their own fair housing program via the Fair Housing Council of San Gabriel Valley. H. INSTALLATION OF NEW STREET NAME SIGNS Approved the upgrading of poles and existing stop signs; appropriate an additional $7,375 and amend the adopted budget accordingly; and authorized staff to employ Traffic Operations, Inc. to install street name signs at existing locations. I. STREET LIGHTING PETITION: LA ROSA DRIVE, AGNES TO BALDWIN AVENUE Adopted Resolution No. 82 -2111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870, ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA setting public hearing November 16, 1982. J. STREET LIGHTING PETITION: PERSIMMON AVENUE, GRAND TO FAIRVIEW AVENUE Adopted Resolution No. 82 -2112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870, ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA setting public hearing November 16, 1982. K. ACCEPTANCE OF BID: TEMPLE CITY BOULEVARD STREET LIGHT CONVERSION Accepted low bid from Culpepper Electrical Const. in the amount of $14,666.50 and authorized Mayor and City Clerk to sign. L. RESOLUTION NO. Adopted Resolution THE CITY OF TEMPLE 82 -2113: EMPLOYMENT OF PERSONNEL No. 82 -2113 A RESOLUTION OF THE CITY COUNCIL CITY APPOINTING PERSONNEL. OF M. RESOLUTION NO. 82 -2114: WARRANTS AND DEMANDS Adopted Resolution No. 82 -2114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $330,793 DEMAND NOS. 4702 THRU 4741. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING CCili'IISSI0N DENIAL FCR ZONE VARIANCE (CASE 82 =663) Dieter Arendt, 9823 Woodruff Avenue City Manager Koski presented background information stating the Planning Commission, at their regular meeting held September 28, 1982 denied a request for a zone variance to reduce side yard setback and Council Minutes, November 2, 1982 - Page 3 reduce the distance between buildings to allow the expansion of an existing two stall garage. The requested expansion would provide an 20' garage for needed parking for three cars, personal hobby and storage of personal goods. City Council received an appeal and public hearing was set for this,evening. By means of a video tape, Planning Director Shaw provided further staff report showing the expansion would result in a garage 20' in width and 42' in depth; would be located 2 feet, instead of the required 5 feet, from the westerly side property line, and would be located 5 feet, instead of the required 10 feet, from the main dwelling unit. The video tape showed the proposed garage could not be built in another location because of the existence of the swimming pool and hot tub in the rear yard. Councilman Swain moved to make the Planning Commission minutes a part of the record, seconded by Councilman Gillanders and carried. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. Mrs. Gerda Arendt, 9823 Woodruff Avenue, applicant, stated the pro- posed garage is needed for a third car the family is planning and spoke to the fact they could not utilize any other portion of the rear yard. Mrs. Arendt . submitted a petition with signatures of 20 of her neighbors supporting their request for a variance, most of whom were in the audience and by show of hands indicated their support. There being no one come forward to speak against the variance, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins moved to adopt Resolution No. 82 -2115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A VARIANCE AND REVERSING RESOLUTION NO. 82- 1027PC OF THE PLANNING COMMISSION, seconded by Councilman Gillanders and carried unanimously. B. PUBLIC HEARING: ORDINANCE BANNING UNTREATED WOOD SHINGLES OR UNTREATED WOOD SHAKES City Manager Koski presented background information, stating City Council, at their regular meeting held October 5, 1982, introduced for first °reading an ordinance amending the Municipal Code and the Uniform Building Code to permit only treated wood shingles and treated wood shakes and set public hearing November 2, 1982. The ordinance provides that any new building or structure constructed shall not be permitted to have untreated wood shingles or untreated wood shakes; and that roofs which are added to, replaced or altered and exceed 50% of the total roof area shall not be permitted to have untreated wood shingles or untreated wood shakes; and that require- ments for fire retardant roofs may not be met with spray -on or other applied materials. The ordinance also repeals Section 7131 of the Municipal Code which exempts from permit requirements the re- roofing, maintenance, or repair of a roof when the work is done by the owner. A Negative Declaration has been filed pursuant to the California Environmental Quality Act of 1970, as amended. There being no further staff report, Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. Mr. Robert Mitten, representing Red Cedar Shingle.& Handsplit Shake Bureau, stated the bureau supports fire - resistive construction standards in the brush area, but resists over regulation in the flatlands where access is good and fire service available. Chief Harold McCann, L. A. County Fire Department, stated he feels adoption of the ordinance is important in the flatlands as well as the foothills. He maintained Temple City has had just as many wood roof fires as any city around, however since they are spread over a longer period of time it's not noticed. Council Minutes, November 2, 1982 - Page 4 There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Gillanders and carried. City Attorney Martin presented ordinance reflecting changes requested by Council at first reading, ORDINANCE NO. 82 -525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A NEGATIVE DECLAR- ATION AND MAKING FINDINGS OF LOCAL CLIMATIC CONDITIONS AND AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING NEW SECTION 7108 TO AMEND SECTION 3203 OF THE UNIFORM BUILDING CODE, 1979 EDITION, TO PERMIT ONLY TREATED WOOD SHINGLES AND TREATED WOOD SHAKES for second reading by title only. Councilman Atkins moved to waive further reading and adopt, seconded by Councilman Swain and carried. C. PUBLIC HEARING: PROPOSED BUILDING CODE FEE CHANGES City Manager Koski presented background information, stating Sanitary Sewer and Industrial Waste fee schedule were updated by the County effective January 7, 1982. The last fee increase was in 1978 and in recent years costs have exceeded revenue from fees, and as proposed will cover the costs associated with industrial waste inspection. New fee schedule for building, plumbing, mechanical and electrical codes were revised June 7, 1982, and the increases are due in part to inflation and in part to increased work load mandated by addi- tional state regulations. In 1981 the City adopted a fee structure which is 1 -1/2 times the uniform building code schedule for building permits and plan check fees. There being no further staff report, Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. There being no one come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Mayor Tyrell and carried. Councilman Atkins moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Gillanders and carried. Councilman Atkins moved to introduce Ordinance No. 82 -527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 6200 OF THE TEMPLE CITY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE LOS ANGELES SANITARY SEWER AND WASTE ORDINANCE, Ordinance No. 82 -528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 7100 OF THE TEMPLE CITY MUNICIPAL CODE BY ADOPTING BY REFER- ENCE THE LOS ANGELES COUNTY BUILDING CODE ORDINANCE NO. 2225, Ordinance No. 82 -529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 7300 OF THE TEMPLE CITY MUNICIPAL CODE PROVIDING FOR PLUMBING PERMIT FEES, Ordinance No. 82 -230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 7300 OF THE TEMPLE CITY MUNICIPAL CODE PROVIDING F(R MECHANICAL PERMIT FEES, and Ordinance No. 82 -531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 7300 OF THE TEMPLE CITY MUNICIPAL CODE PROVIDING FOR ELECTRICAL PERMIT FEES for first reading by title only, seconded by Councilman Dennis and carried. D. PUBLIC HEARING: EXTENSION OF MORATORIUM ON CONSTRUCTION IN C -1 ZONE City Manager Koski presented background information, stating on July 6, 1982, City Council adopted an urgency ordinance imposing a moratorium on new construction and on building permits within the C -1 zone for 120 days, which will expire November 3, 1982. Planning Commission requested an extension of the moratorium for another 120 days to complete their study; possible revisions may include con- sideration of uses and development standards. A joint study session with Council and Planning Commission was held November 1, 1982, and the public hearing being held this evening will include whether new uses of a retail nature will be included in the moratorium. City Attorney Martin stated the change can be incorporated in the proposed ordinance by exempting from such moratorium all retail uses listed under Section 9371A of the Temple City Zoning Code. 1 Council Minutes, November 2, 1982 - Page 5 Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. There being no one come forward to speak, Councilman Atkins moved to close the public hearing, seconded by Councilman Gillanders and carried. City Attorney Martin introduced Ordinance No. 82 -532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PUSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE IMPOSING A MORATORIUM ON NEW USES AND ON OCCUPANCY PERMITS FOR DEVELOPMENTS WITHIN THE C -1 ZONE PENDING PLANNING COMMISSION STUDIES WITH RESPECT THERETO by title only. Councilman Gillanders moved to waive further reading and adopt, seconded by Councilman Atkins and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell NOES: Councilmen -None 7. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held October 5, 1982; approved request to sell Christmas trees at the southwest corner of Las Tunas Drive and Rosemead Boulevard; approved payment of rent Iobligation pursuant to parking lot lease agreement between the CRA and City; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11. MATTERS FROM CITY OFFICIALS: A. Councilman Swain commented on the successful Halloween program at Live Oak Park and the successful Halloween Hoedown held by the Chamber of Commerce, until it was rained out. B. Councilman Atkins stated he had received favorable comments from neighbors relative to the construction being done by Vaught Contractors, and also favorable comments about the County workers involved. C. Mayor Tyrell stated he had signed two proclamations; one for. Hospice Week and one for National Bible Week, both of which occur in November. 12. ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Swain, meeting adjourned at 8:29 p.m. Next regular meeting will be held Tuesday, November 16, 1982, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: r.,-c 11 --,,i— r;,-<, rio,L.