FENCED-IN COUNCIL TABLES HOT DISPUTE.

Byline: Helen Gao Staff Writer

GLENDALE - The City Council has decided to delay enforcing the city's 79-year-old fence ban after two of its members recused themselves from a vote because they have illegal fences.

Mayor Gus Gomez and Councilman Bob Yousefian are among 1,500 local homeowners in the city who have front-yard fences prohibited under a municipal ordinance adopted in 1922.

Gomez first recused himself late Tuesday, passing on the gavel to Yousefian, who then announced that he had to recuse himself. Ultimately, the gavel was passed on to Councilman Rafi Manoukian.

Gomez did not explain why he was recusing himself, and he could not be reached for comment Wednesday. Yousefian asked City Attorney Scott Howard to explain his situation.

Howard said Yousefian, who lives with his parents in a home with a fence, does not have a financial conflict of interest but might have an appearance of a conflict.

``There is a possibility that the public will perceive ... you are trying to assist a relative,'' said Howard.

Gomez and Yousefian's parents do not have variance permits on file that would make their fences legal. If the council had approved one of several enforcement plans proposed Tuesday night, the two council members would have been asked to remove their fences or seek variance approval.

Yousefian said he didn't think he had a conflict of interest until he was informed by the city attorney Tuesday morning. By then, he said it was too late for him to go home and cut down the fence because he was tied up with meetings at City Hall.

He said he would take down the fence over the weekend.

As for Gomez's fence, Howard said it will be reviewed by city staffers and treated like any other violator's.

With two council members unable to act on proposed enforcement plans, Councilman Frank Quintero called for postponing a vote.

``My feeling is this is a very important issue and very emotional issue. Until we have a full council, I am not particularly interested in deciding what to do on this fence issue,'' he said.

Councilmen Manoukian and Dave Weaver concurred. Weaver noted that the delay might be indefinite because it is not clear when Gomez would no longer have a conflict of interest. Unlike Yousefian, Gomez did not say what he plans to do about his fence.

Weaver also criticized the city staff again for failing to provide proposals on how to deal with homeowners whose fences are justified for safety reasons and guidelines on when to grant variance permits.

``Staff has not done their job. There are cases where fences and retaining walls make a lot of sense,'' he said, citing homes on slopes or near freeway ramps. ``I am not going to vote to take every fence out. It's a draconian rule to have everyone take it out.''