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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 526 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. 1 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. 524 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- 15 5 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. 522 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