HomeMy Public PortalAboutCity Council_Minutes_1987-09-29_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
OF
ADJOURNED MEETING
SEPTEMBER 29, 1987
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on September 25, 1987, Mayor
Gillanders called the adjourned meeting of the City Council
to order at 7:30 p.m. on Tuesday, September 29, 1987.
2. ROLL CALL:
Present: Councilmen - Dennis,Gillanders, Swain, Froehle
Absent: Councilmen- Atkins
Also Present: City Manager Koski, Attorney Martin, Commu-
nity Development Director Dawson, Planning
Consultant Tooker and Julie Estrada of the
Temple City Times
Councilman Froehle moved to excuse Councilman Atkins with
cause, seconded by Councilman Swain and unanimously car-
ried.
PROCLAMATION:
Mayor Gillanders presented to Mr. Jack Rugh, Senior Member
of the Presidents Committee on Employment of the
Handicapped, a Proclamation designating the week of October
4 -10, 1987 as 'Employ the Handicapped Week'.
Mr. Rugh wished to extend his appreciation to the Mayor and
the Council for their support of this important program.
Additionally, he wished to note special thanks to Marianne
Milch, Executive Director of the Temple City Chamber of
Commerce and Julie Estrada of the Temple City Times for
their outstanding support through the years.
George Koumachian, 9226 E. Craiglee, wished to report to
City Council the effort of Professor Ernesto
Valdez- Hernandez in rejuvenating the sister -city program
with Magdelena de Kino. He also expressed his appreciation
for the help he recently received from City officials.
3. CONSENT CALENDAR:
Councilman Froehle requested to remove item 3.E. from the
Consent Calender. Councilman Swain moved to approve the
remainder of the Consent Calender as recommended, seconded
by Councilman Froehle and unanimously carried.
A. APPROVAL OF MINUTES - Regular Meeting of September 15,
1987
Approved as written with Councilman Dennis abstaining.
B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING OF
SEPTEMBER 16, 1987 - LIVE OAK PERIMETER DESIGN
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Adjourned Council Minutes, September 29, 1987 - Page 2
City Council approved Commission's recommendation to
refer to staff for review of work and availability of
State Grant Funds.
C. ACCEPTANCE OF WORK - DAMON CONSTRUCTION CO. WHEELCHAIR
RAMPS, CURB, GUTTER AND SIDEWALK REPAIR PROJECT -
City Council accepted the work performed by Damon Con-
struction and authorized the City Clerk to file a Notice IIF
of Completion; authorized payment in the amount of
$57,075.30 to Damon Construction; and authorized payment
of the 10% retention in the amount of $6,341.70 at the
end of the 35 -day lien period.
D. PROGRESS PAYMENT: TERRA -CAL CONSTRUCTION, INC. TEMPLE
CITY PARK PROJECT
City Council approved progress payment in the sum of
$30,164.16 to Terra -Cal Construction, Inc. upon receipt
of labor and material liens.
F. ORDINANCE NO. 87 -614 (2nd reading) CHANGE IN ZONING FOR
THE AREA GENERALLY LOCATED BETWEEN ENCINITA AND TEMPLE
CITY BOULEVARD NORTH OF LAS TUNAS TO GARIBALDI (ZONE
CHANGE 87 -852)
Waived further reading and adopted Ordinance No. 87 -614
CHANGE IN ZONING FOR THE AREA GENERALLY LOCATED BETWEEN
ENCINITA AND'TEMPLE CITY BOULEVARD NORTH OF LAS TUNAS TO
GARIBALDI (ZONE CHANGE MAP 87 -852)
G. ORDINANCE NO. 87 -615 (2nd reading) CHANGE IN ZONING FOR
THE AREA GENERALLY LOCATED BETWEEN TEMPLE CITY BOULEVARD
AND BALDWIN NORTH OF LAS TUNAS TO GARIBALDI (ZONE CHANGE
87 -853)
Waived further reading and adopted Ordinance No. 87 -615
CHANGE IN ZONING FOR THE AREA GENERALLY LOCATED BETWEEN
TEMPLE CITY BOULEVARD AND BALDWIN NORTH OF LAS TUNAS TO
GARIBALDI (ZONE CHANGE MAP 87 -853)
H. ORDINANCE 87 -616 RE: ADOPTION OF THE LOS ANGELES COUNTY
SANITARY SEWERS AND INDUSTRIAL WASTE CODE BY REFERENCE -
Introduced for first reading by title only Ordinance
No. 87 -616, RE: ADOPTION OF THE LOS ANGELES COUNTY
SANITARY SEWERS AND INDUSTRIAL WAST CODE BY REFERENCE,
and set public hearing for November 3, 1987.
I RESOLUTION NO. 87 -2738: EMPLOYMENT OF BUDGETED
PERSONNEL
City Council adopted Resolution No. 87 -2738
J. RESOLUTION NO. 87 -2737: APPROVAL OF PAYMENT OF BILLS
City Council adopted Resolution No. 87 -2737 approving
claims and demands in the amount of $307,363.77
E. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF
SEPTEMBER 22, 1987
Councilman Froehle indicated that Zoning Code Section
9271 specifically states that except as otherwise pro-
vided in this part each and every nonconforming use may
be continually utilized and maintained provided there is
no alterations, additions or enlargements of any such
use. It is his opinion that there were not enough find-
ings to grant this Zone Variance and he stated his
concern in that there were only three Commissioners
present at the Planning Commission Meeting and it was a
split vote.
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Adjourned Council Minutes, September 29, 1987 - Page 3
Councilman Froehle moved to appeal at the City Council
level Zone Variance 87 -871 and set for public hearing,
seconded by Councilman Swain and unanimously carried.
Councilman Swain moved to approve the remainder of the
recommendations from the Planning Commission, seconded
by Councilman Froehle and unanimously carried.
4. UNFINISHED BUSINESS:
A. PUBLIC HEARING: ZONE CHANGE 87 -851, MAP A: PROPOSED
CHANGES IN ZONING GENERALLY LOCATED NORTH OF LIVE OAK TO
LAS TUNAS AND BETWEEN SULTANA AND CLOVERLY -
City Manager Koski provided background information
stating that on September 1, 1987 Council conducted a
public hearing on this zone change and staff had divided
the zoning boundary into two areas (Map A & B) . After
considerable public testimony, Council gave the 1st
reading of Ordinance 87 -613 which covered the area
encompassed by Map B. At that time Council continued
the public hearing for the proposed zone changes shown
on Map A until September 29. Council directed staff to
verify the number of housing units shown on the Land Use
Maps. All the affected property owners have been
re- notified and the Land Use Maps have been re- checked.
Councilman Dennis moved to include the Minutes and
materials from the Planning Commission as part of the
record of Council's public hearing concerning this
matter, seconded by Councilman Swain and unanimously
carried.
Mayor Gillanders declared the public hearing open for
Zone Change 87 -851 Map A and invited anyone wishing to
address the City Council on the matter to come forward
at this time.
Eleanor Kreeble, 5903 Encinita, stated she has owned her
property for 30 years and has the largest lot in her
area with only one unit on it. She feels all lots in her
area have been fully developed. She would like to see
her area remain R -3.
Lonnie Carrillo, 5838 Encinita, indicated his property
is surrounded by apartment units on each side. His
intention when he purchased his property was to build
six apartments and with the current zone change under
consideration he would be limited to three. He would
like to see his property remain R -3.
Mike Harty, 5625 Noel, has recently purchased his
property five months ago. He indicated this area is
built to an R -3 density and feels it would not be appro-
priate to down -zone to R -2. He purchased in this area
as an investment and would like to see it remain R -3.
Ruth Worthy, 5732 & 5730 1/2 Noel, stated her concern
with regard to the accuracy of the Land Use Map. She
indicated her property is between parcels that have four
units and seven units and would like to request this
area remain R -3.
Joe Piccone, 5650 Noel, indicated he purchased his
property as an investment and would like it to stay as
R -3.
Walter Jackson, 5704 N. Noel Dr, stated he would like to
see his property remain R -3.
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Adjourned Council Minutes, September 29, 1987 - Page 4
Betty Wells, 5656 N. Noel Drive, stated she would like
to see decisions made by individual streets. She would
prefer the zoning to remain R -3.
Charlene Fisher, 5722 Kauffman, stated she is in favor
of down - zoning.
As there was no one else who desired to speak, Council-
man Froehle moved to close the public hearing, seconded
by Councilman Dennis and unanimously carried.
Councilman Froehle stated that in reference to Noel, he
walked the area and feels it is an R -3 area. He feels
it is an isolated area and that since it is built to R -3
Density it should remain R -3. In reference to the second
area which is bounded by Workman on the south, the alley
on the north, Encinita on the west and Alessandro on the
east, Councilman Froehle indicated that an R -2 Density
would allow the people who have not built up their
property to build to the level which is already existing
and feels an R -3 Density would be too high.
Councilman Dennis concurred with Councilman Froehle that
Noel should remain R -3 and all other areas on the Map to
be changed from R -3 to R -2 as noticed. Although there
are isolated projects with up to 10 units in the areas
to be changed to R -2 and these projects would become
legally nonconforming, in general the neighborhood is an
R -2 density.
Councilman Swain, in summarizing the numerous General
Plan amendment public hearings conducted during the past
two years, concluded that the majority of the residents
would like the zoning to be predominately low density.
Basically the Council agrees, however, they are flex-
ible and recognize that in some areas, especially buffer
zone areas, the density should be higher. Councilman
Swain concurred with Councilman Froehle and Councilman
Dennis and would like Noel remain as it is currently
zoned and the remainder of the area be down -zoned to an
R -2 Density.
Mayor Gillanders concurred with Councilmembers and
stated Noel is between a very high density area and an
area which contains the regular density of a normal
neighborhood and serves as an excellent buffer zone. He
also concurred with the Council in regards to the
down - zoning of the second area in question from R -3
to R -2.
City Attorney Martin introduced for first reading by
title only Ordinance No. 87 -617, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE
CHANGE 87 -851 (MAP A) with Noel Drive remaining R -3 and
the remaining properties as noticed.
Councilman Swain moved to waive further reading, sec-
onded by Councilman Froehle and unanimously carried.
5. NEW BUSINESS:
A. PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY
ZONING CODE PERTAINING TO NONCONFORMING BUILDINGS, USES
AND STRUCTURES
City Manager Koski provided background information
stating that this proposed amendment to the Temple City
Zoning Code is a result of the recent General Plan
revision and zone changes which are necessary in order
to achieve consistency. Some existing residential
structures will become nonconforming. Due to the reluc-
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Adjourned Council Minutes, September 29, 1987 - Page 5
tance of lenders to loan on properties which have non-
conforming structures that cannot be rebuilt in the
event of a fire or other similar casualties, it would be
beneficial to the owners of nonconforming structures to
have the Zoning Code amended to specifically allow for
rebuilding or reconstruction. The proposed Zoning Code
amendment leaves the current restrictions in place but
adds a specific section specifying that any building or
structure which was made nonconforming as a result of
the General Plan amendment or zone changes occurring in
1987, may be rebuilt in the event that such structures
are partially or totally destroyed. The Planning Com-
mission conducted a public hearing and adopted a Resolu-
tion recommending a Code amendment at their meeting of
September 8, 1987.
Mr. Dawson distributed three alternative code amendments
regarding the reconstruction of totally or partially
destroyed nonconforming buildings for Council considera-
tion. The three alternatives set forth various ways of
providing for the reconstruction of nonconforming build-
ings.
Since Council did not have sufficient time to review the
amendments and because of it's importance, City Manager
Koski suggested that the public hearing be conducted as
scheduled to hear any testimony and refer the proposed
amendment to a joint study session with the Planning
Commission for further discussion.
Councilman Swain moved to include the Minutes and mate-
rials from the Planning Commission as part of the record
of Council's public hearing concerning this matter,
seconded by Councilman Froehle and unanimously carried.
Mayor Gillanders declared the public hearing open for
Proposed Amendment to the Temple City Zoning Code with
regards to Nonconforming Buildings and invited anyone
wishing to address the City Council on the matter to
come forward at this time.
Charlene Fisher, 5722 Kauffman, stated her support for
this amendment to the Zoning Code and would like the
amendment to state buildings could be rebuilt to current
Building Codes not necessarily Zoning Codes.
As there was no one else who desired to speak, Council-
man Swain moved to continue deliberations to a joint
study session on October 19 between the Planning Commis-
sion and the City Council and the public hearing was
continued to the November 3rd meeting, seconded by
Councilman Froehle and unanimously carried.
6. COMMUNICATIONS:
A. TEMPLE CITY HIGH SCHOOL PTA -
Mr. Koski indicated a letter was received from Sarah
Abraham, Health and Welfare Chairperson, Temple City High
School PTA, regarding Red Ribbon Week and Californians
For Drug Free Youth during the week of October 25 -31.
This letter was requesting City support for this week.
Councilman Swain encouraged Council's support for this
important program and would approve red ribbons on the
trees lining Las Tunas, however, Mrs. Abraham may not be
aware of the cost in hanging a Red Ribbon Banner on the
corner of Las Tunas and Temple City Blvd. or the cost of
Insurance.
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Adjourned Council Minutes, September 29, 1987 - Page 6
Councilman Swain moved for a Proclamation supporting Red
Ribbon Week, October 25 -31, be presented to Sarah
Abraham; authorized the hanging of red ribbons on the
trees along Las Tunas; approved the hanging of the Red
Ribbon decoration at the intersection of Las Tunas and
Temple City Blvd. subject to Certificate of Insurance,
seconded by Councilman Froehle and unanimously carried.
Councilman Dennis requested a letter be sent to Mrs.
Abraham suggesting that since some residents of Temple
City are within the Arcadia and El Monte Unified School
Districts, she may wish to extend an invitation to those
school districts to participate in this project.
7. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
None
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the September 15, 1987 meeting; and adopted Resolution No.
CRA 313, authorizing payment of bills. The Minutes of the
Agency are set forth in full in the Agency's records.
10. ACTION ON REQUEST BY CRA:
None
11. MATTERS FROM CITY OFFICIALS:
A. DIAL -A -RIDE
Councilman Froehle stated that after reviewing the
Monthly Report on the Dial -A -Ride Program he was
pleased to see the ridership has increased.
B. LETTER FROM L.A. COUNTY RE: CURFEW LAWS
Councilman Dennis requested the letter from the City of
Los Angeles regarding curfew laws be placed on the
agenda for the next regular meeting.
Councilman Swain concurred with Councilman Dennis on
this matter and further wished to discuss the matter
with the Sheriff's Department.
12. ADJOURNMENT
On motion by Councilman Froehle, seconded by Councilman
Dennis the meeting of the City Council adjourned at 9:25
p.m. The next regular meeting will be held on Tuesday,
October 6, 1987, at 7:30 p.m. in the Council Chamber, 5938
North Kauffman Avenue, Temple City.
ATTEST:
4g?.e7
Chief Deputy City Clerk