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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. \i 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. 4 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. 3 cc 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 1