HomeMy Public PortalAboutCity Council_Minutes_1987-11-17_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
NOVEMBER 17, 1987
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on November 13, 1987, Mayor
Gillanders called the meeting of the City Council to order
at 7:30 p.m. on Tuesday, November 17, 1987.
2. The invocation was given by Pastor Norlyn Brough, Church of
the Nazarene, 9953 Las Tunas Drive.
3. The Pledge of Allegiance to the Flag was led by Mayor Gi-
llanders.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Froehle, Swain,
Gillanders
Absent: Councilman -None
Also Present: City Manager Koski, Attorney Martin, Commu-
nity Development Director Dawson, Parks &
Recreation Director Kobett, Public Works
Coordinator Peterson and Julie Estrada of the
Temple City Times
5 CONSENT CALENDAR
Mayor Gillanders requested Item 5.F. be removed from the
Consent Calendar. 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 November 3,
1987
Approved as written with Councilman Dennis abstaining.
B. DIAL -A -RIDE CHRISTMAS HOLIDAY PROMOTION - WAIVER OF
RIDERSHIP FARE.
Council moved to waive the $.50 Dial -A -Ride fare during
the month of December, 1987 to assist the seniors and
handicapped.
C RECOMMENDATION FROM TRAFFIC COMMISSION- MEETING OF NOVEM-
BER 4, 1987 HOLIDAY PARKING ENFORCEMENT PUBLIC PARKING
LOTS - CENTRAL BUSINESS DISTRICT
Council approved Traffic Commission recommendation for
parking enforcement by Sheriff's Department five days
per week, four hours per day Monday through Friday,
beginning Thursday, December 10 to Thursday, December
24, 1987.
Council Minutes, November 17, 1987 - Page 2
D. SET PUBLIC HEARING - STREET LIGHTING IMPROVEMENTS
CLOVERLY AVENUE, OLIVE STREET TO BLACKLEY STREET (Pursu-
ant to Chapter 27, Improvement Act of 1911, Streets and
Highways Code)
Council set public hearing for December 1, 1987, pursu-
ant to Chapter 27, The Improvement Act of 1911, Streets
and Highways Code and instructed the Superintendent of
Streets to so notify the property owners.
E. ACCEPTANCE OF BID AND AWARD OF CONTRACT - 1987 -88 CAPE
AND SLURRY SEAL PROJECT, MAINTENANCE AREA 1.
City Council reviewed the bids received and awarded the
contract to the lowest bidder, IPS Services Incorpo-
rated, in the amount of $176,250.33 and authorized the
Mayor and the City Clerk to sign the contract.
G. PLANNING COMMISSION ACTION - MEETING OF NOVEMBER 10,
1987
City Council received and filed the memo outlining
action taken by the Planning Commission at their regular
November 10 meeting.
H. PROPOSAL FOR ELECTION SERVICES - GENERAL MUNICIPAL
ELECTION 1988
City Council accepted proposal for election services
from Martin & Chapman Co. in the amount of $8,334.59.
I LAS TUNAS DRIVE HOLIDAY DECORATIONS - CHAMBER OF COM-
MERCE
City Council approved the request to install holiday
decorations on existing strain poles and cables from
November 20 to December 30, 1987 contingent on providing
the City with liability insurance policy naming the City
as additionally insured.
J. RESOLUTION NO. 87 -2746: EMPLOYMENT OF BUDGETED PERSON-
NEL
City Council adopted Resolution No. 87 -2746 approving
the appointment of budgeted personnel.
K. RESOLUTION NO. 87 -2747: APPROVAL OF PAYMENT OF BILLS
City Council adopted Resolution No. 87 -2747 approving
claims and demands in the amount of $69,138.29.
F. ORDINANCE NO. 87 -619 (2nd READING) ZONE CHANGE 87 -870
FOR THE AREA GENERALLY LOCATED SOUTHERLY OF LIVE OAK TO
LOWER AZUSA ROAD AND BETWEEN ROSEMEAD AND DOREEN -
Robert LoPresto, 4816 Hallowell, stated he would like
Council to be aware of his unique situation, in that
half of his proposed plans were approved, a moratorium
went into effect and now this zone change. Due to the
fact that a portion of his plans were approved he had
begun work. Since then he has invested two (2) years
and $15,000.00 on this project. He understood this was
not a public hearing but wished to have Council aware of
his plight since he has already proceeded with the ap-
plication for a General Plan amendment.
Councilman Atkins moved to waive further reading and
adopt Ordinance No. 87 -619 CHANGE IN ZONING FOR THE AREA
GENERALLY LOCATED SOUTHERLY OF LIVE OAK TO LOWER AZUSA
ROAD AND BETWEEN ROSEMEAD AND DOREEN, seconded by Coun-
cilman Froehle and unanimously carried.
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Council Minutes, November 17, 1987 - Page 3
6. UNFINISHED BUSINESS:
A. ORDINANCE NO. 87 -620 (2nd reading) AMENDMENT TO THE
TEMPLE CITY ZONING CODE PERTAINING TO NONCONFORMING
BUILDINGS, USES AND STRUCTURES -
City Manager Koski provided background information
stating that on November 3, 1987, the City Council
introduced an ordinance for first reading on a proposed
amendment to the zoning code which would provide for the
reconstruction and replacement of any nonconforming
building or structure. The Council requested that City
Attorney Martin review the ordinance and suggest possi-
ble changes in the language to provide better assurance
that nonconforming buildings could be replaced, notwith-
standing the requirement that such structures be brought
into conformity with the City Zoning and Building Code.
The City Attorney met with staff and reviewed the ordi-
nance as introduced. After further review it was con-
cluded that the proposed ordinance amendment will meet
the intended policy direction desired by the Council.
Councilman Swain noted that there have only been 3 cases
in the 25 year history of the City and it was her under-
standing this proposed ordinance was primarily for the
potential lenders.
Councilman Dennis stated he has a problem with the
placing of the Community Development Director in the
untenable position of making subjective decisions as to
whether a structure could be brought into conformance
with the zoning code. He indicated that the compliance
should be, with and only with, the building code as that
was the original intent. It was Councilman Dennis'
opinion to omit that particular phrase as it refers to
the compliance with the zoning code.
After discussion, Council concurred with Councilman
Dennis based on the fact that it is not necessary to
create additional obstacles for the rebuilding of build-
ings, uses and structures since that would be defeating
the purpose of this proposed ordinance.
Due to the changes in context, City Attorney Martin
re- introduced for first reading by title only Ordinance
No 87 -620, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE
PERTAINING TO NONCONFORMING BUILDINGS, USES AND STRUC-
TURES.
Councilman Froehle moved to waive further reading,
seconded by Councilman Atkins and unanimously carried.
7. A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT NO. 87 -876 AND ZONE VARIANCE NO
87 -877 AT 5945 PRIMROSE AVENUE (RICHARD AND RONALD
DEARTH)
City Manager Koski provided background information
stating that on June 10, 1986 Planning Commission ap-
proved a request to add two units to the existing lot
which contained a single family dwelling; this project
was not built. On July 14, 1987, the Planning Commis-
sion approved a CUP and variances to add three new
dwelling units. This decision was appealed by City
Council and the request to build three units was denied.
On October 27, 1987 the Planning Commission denied a
revised plan for two additional units to be added on the
lot based on the concerns regarding parking. This plan
16 00-,3
Council Minutes, November 17, 1987 - Page 4
proposed to leave the front portion of the lot as it
currently exists, with a single family house and a
two -car garage and add two 953 square -foot dwelling
units with 5 parking units to the rear of the lot.
Although the proposal included the required number of
parking spaces to accommodate the two new units, the
site as a whole was one parking space short of meeting
code requirements. The applicants have submitted still
another revised plan which would provide all the re-
quired parking by replacing the two -car garage with a
new three -car garage.
Councilman Dennis asked City Attorney Martin if what is
being considered is the Appeal of the Planning Commis-
sion decision or is Council considering a new applica-
tion.
City Attorney Martin indicated that was dependent upon
whether or not there had been substantial changes. If
there has been then it should go back to the Planning
Commission.
Councilman Swain inquired as what the differences were
between what the Planning Commission had reviewed and
the current plans submitted.
Mr. Dawson indicated the Planning Commission had ex-
pressed their concern about parking. The applicant was
providing 3 parking spaces in a garage and 2 open spaces
on either side of the proposed garage, as well as keep-
ing the 2 car garage which already existed. In the
revised plan the applicant would remove the two (2) car
garage and replace it with a three (3) car garage at the
back side of the proposed unit. This change would make
the applicant in compliance with parking requirements,
although they would still not meet the 15 foot setback
requirement for the second story.
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the City Council on
the matter to come forward at this time.
Richard Dearth, 4533 Clubhouse Drive, Lakewood, co -owner
of property at 5945 Primrose, indicated the property was
purchased a little over two years ago with the plans of
developing the property as it was then zoned R -4. It is
now zoned R -3. He stated that their plans had changed
several times, fluctuating between 2 and 3 units, par-
tially due to the moratorium and finally have gone back
to the original plans of two units which is what was
presented to the Planning Commission. The Commission
apparently had two problems with the project the first
being the inadequate parking and secondly the noncompli-
ance of the second story addition meeting the side yard
requirements. Mr. Dearth explained that if they comply
with the side yard requirements, they would have a
tiered effect since the bottom story is 10 feet from the
side yard and the second story would be 15 feet. He
also noted that for the most part the neighborhood is in
compliance with the old building code and most are set
4 -5 feet from the side yard.
As no one else wished to address the City Council on
this Appeal, Councilman Dennis moved to close the public
hearing, seconded by Councilman Swain and unanimously
carried.
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Council Minutes, November 17, 1987 - Page 5
Councilman Froehle stated that after reviewing the dates
on the materials it would seem Mr. Dearth has been
delayed for some time. Mr. Dearth went to the Planning
Commission and was refused due to the fact of the lack
of parking, Mr. Dearth then returned with the correct
number of parking spaces and even though the setback
does not meet code it is more than adequate for what is
consistent in the neighborhood. Councilman Froehle
stated he was in favor of the project with the correct
number of parking spaces.
Councilman Atkins concurred with Councilman Froehle and
indicated he felt that with the November 6th plans which
included the 3 -car garage he would support this project.
Councilman Swain also concurred with both Councilmen
Froehle and Atkins.
Councilman Dennis stated his objection is the fact that
Mr. Dearth is coming into the City Council with a re-
vised plan and technically he should be presenting these
plans to the Planning Commission. He indicated it was
his opinion that Council should sustain Planning Commis-
sions decision and refer the new plans back to the
Planning Commission.
Mayor Gillanders indicated that his initial concern with
regard to this project has been alleviated and although
technically Councilman Dennis is probably right, due to
the length of time involved and the relatively minor
changes that have occurred he would be in support of
this appeal.
Councilman Froehle moved to adopt Resolution No.
87 -2749, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY APPROVING CONDITIONAL USE PERMIT 87 -876 AND
ZONE VARIANCE 87 -877, A REQUEST TO ALLOW TWO (2) ADDI-
TIONAL DWELLING UNITS ON A SITE WITH AN EXISTING SINGLE
FAMILY RESIDENCE IN THE R -3 ZONE AT 5945 PRIMROSE
AVENUE. ALSO A ZONE VARIANCE TO ALLOW THE SECOND STORY
PORTION OF THE PROPOSED BUILDING TO BE TEN (10) FEET
FROM THE SIDE PROPERTY LINE IN LIEU OF THE REQUIRED
FIFTEEN (15) FOOT SETBACK, based on the plan of November
6, 1987, seconded by Councilman Atkins and carried on a
roll call vote.
ROLL CALL:
AYES:
NOES:
Atkins, Froehle, Swain, Gillanders
Dennis
B. PUBLIC HEARING: ZONING CODE AMENDMENT PERTAINING TO THE
ADMINISTRATION OF FRONT YARD DETERMINATION
City Manager Koski provided background information
stating that currently the Minor Zoning Modification
Committee determines front yards on flag lots, tiered
lots, corner lots and other unique lot configurations.
The Planning Commission requested a code amendment which
would allow staff to make these determinations. The
Planning Commission reviewed the subject code amendment
at their meeting of October 13, 1987 and recommends
adoption. This code amendment would streamline and
simplify the front yard determination process and any
action taken by staff is subject to appeal to the Plan-
ning Commission and City Council.
16 005
Council Minutes, November 17, 1987 - Page 6
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the City Council on
the matter to come forward at this time.
As no one else wished to address City Council on this
appeal, Councilman Atkins moved to close the public
hearing, seconded by Councilman Froehle and unanimously
carried.
City Attorney Martin introduced for first reading by
title only Ordinance No. 87 -621, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION
9119 (L) (9a), AND (3) a) 1) OF SECTIONS 9333, 9352 AND
9362 OF THE TEMPLE CITY ZONING CODE PERTAINING TO FRONT
YARD DETERMINATIONS.
Councilman Swain moved to waive further reading, sec-
onded by Councilman Froehle and unanimously carried.
C. PUBLIC HEARING: ZONING CODE AMENDMENT PERTAINING TO
FENCE HEIGHTS IN FRONT YARDS
City Manager Koski provided background information
stating that on October 27, 1987, the Planning Commis-
sion recommended adoption of a zoning code amendment
which would permit non -view obstructing, estate -type,
wrought iron fences in the front yard area to a maximum
height of 6 feet. Currently the zoning code permits
such fencing to a maximum height of 42 inches. The City
has received a few complaints regarding such fencing
which exceeds the current maximum permitted height of 42
inches. This type of fencing has posed a unique code
enforcement dilemma in that such wrought iron fencing is
often of superior quality. It is difficult to make a
property owner reduce the height of an aesthetically
pleasing fence even though it is nonconforming. In-
creasing the maximum permitted height of wrought iron
fences would alleviate this existing dilemma. Addition-
ally, such non -view obstructing wrought iron fencing is
often considered an asset to a neighborhood.
Councilman Dennis inquired as to whether this was
inclusive of chain link fences.
Mr. Koski indicated that the code is very specific with
regard to estate type fences and chain link was not
included.
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the City Council on
the matter to come forward at this time.
As no one else wished to address the City Council on
this Appeal, Councilman Atkins moved to close the public
hearing, seconded by Councilman Froehle and unanimously
carried.
Councilman Atkins stated he was not in favor of this
proposed ordinance. He prefers the lower fences which
maintain the openness of the community.
Councilman Swain concurred with Councilman Atkins and
added that if this ordinance is denied then there should
be additional enforcement of the fence height
regulations.
Councilman Dennis stated that he does not see the dif-
ference between the wrought iron and chain link fence
and would prefer this ordinance did not differentiate
between wrought iron and chain link.
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Council Minutes, November 17, 1987 - Page 7
Councilman Froehle indicated he feels that wrought iron
is much more aesthetically attractive than chain link so
feels the ordinance should remain as such. He stated he
is in support of this proposed ordinance.
Mayor Gillanders stated that personally he does like the
wrought iron fences and has no objection to this pro-
posed ordinance.
Councilman Froehle moved to approve the Planning Commis-
sions recommendation to permit non -view obstructing,
estate -type, wrought iron fences in the front yard area
to a maximum height of 6 feet, seconded by Councilman
Dennis and carried on a roll call vote.
ROLL CALL:
AYES:
NOES:
Councilmen- Dennis, Froehle, Gillanders
Councilmen- Atkins, Swain
City Attorney Martin introduced Ordinance No. 87 -622, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING SECTION 9316 OF THE TEMPLE CITY ZONING CODE
PERTAINING TO FENCE HEIGHTS IN FRONT YARDS.
Councilman Froehle moved to waive further reading,
seconded by Councilman Atkins and carried with no objec-
tions to the waiving.
8. COMMUNICATIONS:
A. TEMPLE CITY REVITALIZATION COMMITTEE RE: REFERRAL OF
PROSPECTIVE BUSINESSES
A letter was received from the Temple City
Revitalization Committee with regard to the referral of
prospective business in the Temple City Area. Council
will set a future study session to qualify what the
appropriate City policy directive will be regarding this
matter.
B. CALIFORNIA- AMERICAN WATER COMPANY RE: LOW PRESSURE
INQUIRY OF NOVEMBER 6, 1987.
Council received a letter from the California- American
Water Company which addressed the low pressure inquiry
of November 6, 1987.
Charles E. Shaw, Cal- American Water Company, 2020
Huntington Drive, San Marino, indicated that he has been
with the company for over 20 years. It is his opinion
the main reason for the low water pressure in that
particular area is that most of those homes have inade-
quate plumbing. The pipes are currently 3/4" in diame-
ter and are galvanized steel. The galvanized piping has
a corrosion factor which is similar to an artery which
closes up and shows restrictions. This problem occurs
from the meter and into the house.
Councilman Swain moved to receive and file, seconded by
Councilman Froehle and unanimously carried.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
None
Council Minutes, November 17, 1987 - Page 8
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved Parking Lot
Lease Agreement -CRA /City , approved the Minutes of the
November 3, 1987 meeting and adopted Resolution No. CRA 316,
authorizing payment of bills. The Minutes of the Agency are
set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL:
10. ACTION ON REQUEST BY CRA:
None
11. MATTERS FROM CITY OFFICIALS:
Councilman Dennis expressed his appreciation to the Council
and staff for their thoughts and prayers.
12. ADJOURNMENT
On motion by Councilman Atkins seconded by Councilman Dennis
the meeting of the City Council adjourned at 8:55 p.m. The
next regular meeting will be held on Tuesday, December 1,
1987, at 7:30 p.m. in the Council Chamber, 5938 North
Kauffman Avenue, Temple City
ATTEST:
Chief D(`puty City Clerk
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