HomeMy Public PortalAboutCity Council_Minutes_1988-06-07_Regular 19881
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 7, 1988
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on June 3, 1988, Mayor Swain
called the meeting of the City Council to order at 7:30 P.M. on
Tuesday, June 7, 1988.
Before continuing with the meeting, Mayor Swain took the oppor-
tunity to thank all those in the city who sent cards, greetings,
etc. during the last three weeks while her husband was in the
hospital following a heart attack. They were very much appreci-
ated and her husband, Bill, is doing well.
2. The invocation was given by Rabbi Alan Lachtman, Temple Beth
David, 9677 Longden Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Swain.
4. ROLL CALL:
Present: Councilmen Atkins, Breazeal, Froehle,
Gillanders and Swain.
Also Present: City Manager Koski, City Attorney Martin,
Community Development Director Dawson, Public
Works Coordinator Peterson, Parks and Recrea-
tion Director Kobett, Julie Estrada of the
Temple City Times and a representative of the
San Gabriel Valley Tribune.
5. CONSENT CALENDAR:
Councilman Breazeal requested item A. (1) be removed from the
Consent Calendar; Councilman Atkins requested item D. be re-
moved; Councilman Gillanders requested item I. be removed for
discussion and Mayor Swain removed item H. Councilman Gillanders
moved to approve the remainder of the Consent Calendar as pre-
sented, seconded by Councilman Froehle and carried unanimously.
A. APPROVAL OF MINUTES - 2) Regular meeting_of May 17, 1988.
B. RECOMMENDATION FROM PARKS & RECREATION REGULAR MEETING OF
MAY 18, 1988 - TREE PLANTING DESIGN THEME FOR TEMPLE CITY
PARK -
Council referred this item to the budget study session
scheduled for Monday, June 13, 1988.•
C. ACCEPTANCE OF WORK - SANITARY SEWER IMPROVEMENTS - TR
#43590, 5562 WELLAND AVENUE -
Council approved the work performed, accepted for public use
the sewer system in Tract #43590 and refunded the $2,000
cash deposit to the developer, King Tai Investment Co.
E. FINAL PROGRESS PAYMENT - HERMAN KIMMEL & ASSOC., TRAFFIC
SIGNAL UPGRADE PROJECT DESIGN -
Council authorized final payment of $2,858.15 to Herman
Kimmel & Assoc. for engineering services on the traffic
signal upgrade project.
City Council Minutes of June 7, 1988 -Page 2
F. REPAINTING OF PAVEMENT MARKINGS AND STRIPING - SCHOOLS,
SELECT SYSTEM STREETS, AND MAINTENANCE AREAS 1, 2 & 3 -
Council approved specifications for repainting of pavement
•
markings and striping and authorized staff to solicit bids.
G. CORRESPONDENCE RECEIVED FROM TEMPLE CITY CHAMBER OF COMMERCE
RE: STORAGE OF COMMUNITY SPECIAL EVENT ITEMS -
Council authorized the storage of the community specia
event items at the La Rosa maintenance facility as requeste
by the Temple City Chamber of Commerce.
J. REQUEST FOR CHANGE ORDER -LIVE OAK PARK PROJECT 87/88 -4
Council approved the necessary additional work in the amount
of $.4,350.00 and amended the adopted budget accordingly.
K. PLANNING COMMISSION ACTIONS - MEETING OF MAY 24, 1988 -
Council received -and filed-the-memo outlining actions taken
by the Planning Commission at their regular meeting of May
24, 1988.
L. RESOLUTION NO. 88 -2785: APPROVAL OF PAYMENT OF BILLS -
Council adopted Resolution No. 88 -2783 approving claims and
demands in the amount of $280,262.37.
A. APPROVAL OF MINUTES - 1) Study Session of May 16, 1988
Councilman Breazeal requested that the Study Session Minutes
of May 16, 1988 reflect that due to a possible conflict o
interest he left the meeting before any discussion too
place on item C., Joint Meeting with Chamber of Commerce.-
Councilman Atkins moved to approve the Study Session Minutes
of May 16, 1988, as amended; seconded by Councilman Gil -
landers and unanimously carried.
D. ACCEPTANCE OF WORK - STEINY & CO. TRAFFIC SIGNAL UPGRADE
PROJECT, LAS TUNAS DRIVE, TEMPLE CITY BLVD., LOWER AZUSA
ROAD AND SANTA ANITA -
Councilman Atkins stated that he talked with Deputy Charlie
Tharp who reported two signals out on Saturday - one at Las
Tunas and Primrose and the other at Lower Azusa and Rowland.
The signals black out and when the repair crews are called,
they flip the switches several times and they start again.
Councilman Atkins felt the hardware or whatever is causing
the problem should be checked out before releasing the
retention fee. Additionally, he said they are having prob-
lems rounding up blockades and this should also be checked
out.
Councilman Atkins moved to defer further action until the
above problems are cleared up; seconded by Councilma
Gillanders and unanimously carried.
H. PROPOSED BUDGET FOR FISCAL YEAR 1988-89 -
Mayor Swain suggested the proposed budget study session be
scheduled for Monday, June 13, at 7:00 P.M. in the Community
Room and public hearing be set for June 21, 1988.
Councilman Gillanders moved to schedule the proposed 1988 -89
budget study session for Monday, June 13, 1988 at 7:00 P.M.
and set public hearing for June 21, 1988; seconded by Coun-
cilman Breazeal and unanimously carried.
City Council Minutes of June 7, 1988 -Page 3
I. 1988 FIREWORKS APPLICATION -
Councilman Gillanders stated the fireworks application from
Temple City Pony League, a well liked and respected organi-
zation, is almost 1 -1/2 months late. If Council approves
this request they will violate their own procedure and in
effect will have no regulations. Insurance coverage could
be affected as the Council's approval of this application
could be considered as adding to the hazard. Additionally,
Councilman Gillanders did not feel this was a unique situa-
tion.
Councilman Breazeal felt there were unique and unusual
circumstances involved and denial of the application would
not be appropriate. He questioned City Attorney Martin as
to what the exposure would be if this permit was approved.
Attorney Martin stated the exposure is unknown if the city
adds to a situation beyond the permit. JPIA could take the
position the City is adding to the risk - it is slim, but
the risk is there..
Mayor Swain stated the group in question has had fireworks
stands for years on a property where the building burned
down. The new owner was on vacation and not available for
signature. The group has never been late before. She felt
it is a unique situation and there are times to make an
exception to the rules.
Councilman Breazeal moved to approve the application from
the Temple City Pony League to operate a fireworks stand at
5935 N. Temple City Boulevard, seconded by Councilman
Froehle and carried on a roll call vote as follows:
ROLL CALL:
AYES: Councilmen Breazeal, Froehle, Swain
NOES: Councilmen Atkins, Gillanders
6. UNFINISHED BUSINESS:
A. RAILROAD CROSSING RUBBER MATS, SPRR & LOWER AZUSA ROAD, SPRR
& ENCINITA AVENUE, PROJECT 87 -5 -
City Manager Koski provided background information stating
that at its meeting of May 3, 1988, the City Council ac-
cepted the bid of Goodyear Tire and Rubber Co. for Hi -Miler
rubber crossings. This award was protested by the low
bidder, Omni, and a hearing before Council was requested. At
that meeting the issue of warranties was questioned; Good-
year stated their product carried a "lifetime" warranty
whereas the Omni product carried a standard 6 -year warranty.
Council requested staff to return with clarification and
documentation on the two warranties. Basically, both prod-
ucts are warranted against defects in materials and workman-
ship and are warranted for use for 10 or 15 years. Southern
Pacific Railroad has indicated that the railroad requests
additional manpower from the cities to install the Goodyear
product, but the Southern Pacific crews can install the Omni
product alone. Omni has verified they can meet the deliv-
ery /installation date but Goodyear may not be able to.
Councilman Atkins stated the final issue is the warranties
and after reviewing the warranties offered by both compa-
nies, Councilman Atkins moved to accept bid of Riedel Omni
for railroad crossing rubber mat materials for Southern
Pacific Railroad crossings at Encinita Ave. and at Lower
Azusa Rd. for a cost of $35,543.79 and authorized the Mayor
and City Clerk to sign contract documents; seconded by
Councilman Gillanders and unanimously carried.
City Council Minutes of June 7, 1988 -Page 4
B. PUBLIC HEARING - LEVY OF FY 88 -89 ASSESSMENTS CITY -WIDE
LIGHTING DISTRICT -
City Manager Koski provided background information stating
that at their regular meeting held May 17, 1988, City Coun-
cil accepted the Engineer's Report for the City -Wide Light-
ing District, FY 1988 -89 Fiscal Year Levy; adopted
Resolution No. 88 -2782 declaring the City's intention tc
levy and collect FY 1988 -89 assessments and set public
hearing for June 7, 1988. Notices of the public hearinc
were published pursuant to the Landscaping and Lighting Ac
of 1972. The City Engineer, Dwight French, indicates there
are sufficient funds to operate the district and provide
regular street light maintenance. No change is proposed in
the current assessment rates of $11.50 per unit in Zone A,
$3.50 per unit in Zone B and 64.4 cents per front foot for
commercial properties.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter to
come forward at this time.
As there was no one who wished to speak on this issue,
Councilman Atkins moved to close the public hearing; sec-
onded by Councilman Froehle and unanimously carried.
Councilman Atkins stated he was a member of the committee
that established this district. The assessments are treated
as a user's fee and are on a break -even basis. Councilman
Atkins moved to adopt Resolution No. 88 -2784, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 1988 -89
WITHIN THE CITY -WIDE LIGHTING MAINTENANCE DISTRICT PURSUAN
TO THE LANDSCAPING AND LIGHTING ACT OF 1972; seconded 133
Councilman Gillanders and unanimously carried.
C ADOPTION OF THE 1987 LOS ANGELES COUNTY CODES
ORDINANCE NO. 88 -633 - BUILDING CODE
ORDINANCE NO. 88 -634 - PLUMBING CODE
ORDINANCE NO. 88 -635 - MECHANICAL CODE
City Manager Koski provided background information stating
that at the City Council meeting of May 17, 1988, the above -
referenced ordinances were introduced for first reading by
title only. These three ordinances would adopt the Los
Angeles County Building Code, Plumbing Code and Mechanical
Code. A notice of public hearing was published on May 25,
and June 1, 1988. The Los Angeles County Codes consist of
the Uniform Building Code with certain amendments that
satisfy the State concept of necessity. There are no
changes proposed to the permit fee schedule.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter to
come forward at this time.
As there was no one who wished to speak on this issue,
Councilman Atkins moved to close the public hearing, sec-
onded by Councilman Froehle and unanimously carried.
Councilman Gillanders moved to waive further reading and to
adopt by title only Ordinances Nos. 88 -633, 88 -634 & 88 -635,
ORDINANCES OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING SECTIONS 7100, 7400 AND 7200 OF THE TEMPLE CITY
MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 1987 EDITION OF
TITLES 26, 28 AND 29 OF THE LOS ANGELES COUNTY BUILDING,
PLUMBING AND MECHANICAL CODES; seconded by Councilman
Atkins and unanimously carried.
City Council Minutes of June 7, 1988 -Page 5
7. NEW BUSINESS:
A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF A
MODIFICATION TO CONDITIONAL USE PERMIT 69 -285 AT 9831 EAST
LAS TUNAS DRIVE (PERNECKY)
City Manager Koski provided background information stating
that after continuing the public hearing several times, the
Planning Commission denied this Conditional Use Permit to
allow the addition of a drive -thru service and the utiliza-
tion of an R -2 zoned parcel of land immediately north of the
site for a customer parking lot. The request was denied
because of poor site design, "on- site" circulation problems,
potential traffic problems and anticipated impact upon the
residential neighborhood. Since the Planning Commission
hearing, the applicant has submitted a revised site plan
which he feels addresses the concerns expressed by the
residents and the Commissioners.
Councilman Breazeal stated it was his understanding that the
applicant -changed the plan •tha•t was turned down by the
Planning Commission- a plan that was not available to the
Commission. He questioned Attorney Martin if the applicant
could appeal that which has been revised subsequent to a
determination. He also referred to a Zoning Ordinance
regarding auxiliary commercial use into a Residential Zone,
which he felt the intent was the provision of public parking
lots to serve a variety of uses.
Attorney Martin said if the changes reflected on the plans
are regarded as substantial it would have to go back to the
Planning Commission. Regarding auxiliary parking, and
without benefit of the ordinance at hand, Attorney Martin
said he believed the R -2 Zone may be used for supplemental
parking. He did not know the intent but it states for com-
mercial parking.
Mr. Dawson said the ordinance allows for commercial parking
for any lot adjacent to commercially zoned property. Mr.
Dawson then showed the plans that were denied by the Plan-
ning Commission and explained the differences between the
original plan and the revised plan, (both plans include the
R -2 zoned property to the north) being considered by Council
at this meeting. Mr. Dawson felt the changes were minor
adjustments.
After viewing the plans, the Councilmembers felt the
changes were not significant.
Councilman Gillanders moved to include in this hearing the
Planning Commission Minutes of May 10, 1988 and the petition
signed and submitted by residents; seconded by Councilman
Atkins and unanimously carried.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter to
come forward at this time.
Councilman Froehle stated that Council has copies of the
Planning Commission Minutes of May 10, 1988, and proposed
that all those present- who had made statements at that
meeting come forward and just give their name, address and
state they wished to reiterate those statements previously
made at the Planning Commission Meeting.
Robert Pernecky, 9831 Las Tunas Drive, owner of McDonald's
in Temple City, gave a brief history of this site and in
essence said the Temple City site is the most obsolete
McDonald's in the San Gabriel Valley. Attempts have been
made to update and upgrade this location because they be-
lieve in servicing the citizens of Temple City with a modern
plant and equipment. Mr. Pernecky then explained that three
City Council Minutes of June 7, 1988 -Page 6
sets of plans have been submitted, and he agreed that plans
#1 and #2 were not the best. He and Mr. Dawson had spent a
considerable amount of time working on these plans and felt
they were a definite improvement. Continuing, he outlined
the changes and went over plan #3 for Council.
Mr. Pernecky answered many questions from Council regarding
turn radius, on -site employee parking, truck deliveries, the
expected increase in sales, peak rush hours, on -site traffic
pattern, etc. Mr. Pernecky also expressed his desire t
work with the City, as well as the neighbors, to come u�
with an acceptable plan.
Marianne Milch, representing the Chamber of Commerce and the
Revitalization Committee, expressed deep concern about the
downtown business area and were pleased to see a business
trying to enlarge and modernize its facilities. McDonald's
has been a member of the Chamber since 1970 and has been
very willing to support the youth groups in town. The con-
sensus of the Committee was they would like to see
McDonald's stay-and-improve the present site.
Arthur Allosie, formerly of North Golden West, said anytime
an establishment shows more advantages than disadvantages
it's a great thing for a community. He felt the Council
should be more concerned about the business across the
street from McDonald's because it is an eye sore.
Brent Cannon, Temple City, stated he could not help drawing
similarities between this project and Block "A ". Council is
concerned about increasing sales tax revenue - McDonald's
will bring in increased sales tax after this expansi„"
project. Council is also concerned about appearance
certainly McDonald's is trying to improve that. Mr. Cannor
said he was in favor of this project. -
Mike Hoffman, Temple City, told Council he is in favor of
the project. He stated his concern for the inconsistency
with Carl's Jr. being allowed a drive thru.
Tricia Bogle, 5127 Golden West, felt it was an advantage to
have a drive -thru. Carl's Jr. and Wendy's both in the area
have them and she felt it put McDonald's at a disadvantage.
She complimented Mr. Pernecky on his efforts to upgrade the
area and would like to see McDonald's stay at that site.
Mayor Swain explained that not only is the drive -thru facil-
ity being considered but the fact that an R -2 lot to the
north is being considered as part of the_plan.
Cal Magro, 9207 Wedgewood, agreed with what had been said
and, regarding the R -2 lot to the north, he felt if the
owner was willing to sell and it is zoned for parking this
alone would alleviate part of the street parking.
Mike Eisner, 5214 Rosemead Blvd.,a businessman in town,
complimented McDonald's for their desire to improve and
update their facility. He is 100 percent in favor of a
drive -thru. He personally hoped the Council would approve
this project.
Bob Pitts, 5312 Degas, stated he is in favor of the project.
He asked Council if the property to the north was necessary
for parking, and was told by Mr. Dawson that the site would
be one parking space short without that lot, plus the addi-
tion of the lot would allow for greater turn area and easier
drive -thru service. Mr. Pierce said it was his understand-
ing the property owner to the north complained about fumes
and noise from traffic in and out of the parking lot.
Additionally, he stated he was in favor of the project and
would not want to be known as a community that lost a
McDonald's.
City Council Minutes of June 7, 1988 -Page 7
Arthur Eckland, lives on Agnes across the street from the
lot in question and inquired as to whether Council received
the petition against this project from the residents and he
wanted to know what McDonald's plan was for handling food
service trucks. Mr. Eckland said on weekends at least three
or four delivery trucks a day block the street and deny him
access to his driveway. Also, Mr. Eckland questioned where
the employees would park.
Councilman Gillanders remarked that if the street is blocked
for 45 minutes, it is a hazard and felt a phone call to the
Sheriff's Station would take care of it.
Stan Zuslinksi, 5837 Agnes, stated that he had occasion to
call the Sheriff's Station and it took 45 minutes for them
to respond. He also would like to see the delivery truck
problem solved. He questioned where the line is drawn in
taking away the neighborhood.
David Barth, 5826 Myda, felt that all the problems discussed
would be bigger problems with the increase in business. He
said many people opposed to this project were not present
and those in favor were not present at the last Planning
Commission meeting and hoped there would not be a halo
effect because of it. He did not feel it was correct to go
into an R -2 Zone with a parking lot.
Mr. Lukas, owner of the lot north of McDonald's, said there
is a lot of controversy about his place, but he remarked
that the trucks are not blocking the street every day. He
also cannot park on the street because his neighbors who are
here complaining tonight park in front of his house. Mr.
Lukas also said that since Mr. Pernecky took over he has not
had the trouble with the trucks because they come and unload
by 9:45 P.M.
Mayor Swain addressed Mr. Lukas and said he was before the
Council about a month ago complaining about the noise,
lights, the trucks unloading in the middle of the night,
etc. and she asked how he would feel about moving the noise,
etc. one property further north and the effect it would have
on his neighbor.
Councilman Breazeal also commented on Mr. Lukas appearing
before the Planning Commission with objections to this
proposal because of fumes, noise, lights, late deliveries,
etc.
Bob Pernecky, McDonald's, in rebuttal, went over the plan
and explained how many of the aforementioned complaints
would be alleviated with the extra parking spaces, etc. Also
there are many types of delivery trucks from huge vans to
mini vans. Instead of a large van making a delivery once a
week, possibly they could go to a smaller van delivering
twice a week. As far as employee parking, the area by the
trash enclosure would be designated for this use because it
is the least likely used parking space on the property. He
again stated he did not want to have problems with the City
or the neighbors and was willing to consider alternatives.
Councilman Gillanders questioned Mr. Pernecky about the wall
to the rear of the property and if consideration had been
given to planting that area with perhaps Cypress or Junipers
to help screen out the noise, lights, fumes, etc., and Mr.
Pernecky replied that would be fine, but Cypress or Junipers
do not cluster to form a hedge as well as other plants do.
As there was no one else who wished to speak on this sub-
ject, Councilman Breazeal moved to close the public hearing,
seconded by Councilman Atkins and unanimously carried.
City Council Minutes of June 7, 1988 -Page 8
Councilman Atkins said he had mixed feelings on this case
and said this is the smallest McDonald's he has been to. He
felt Mr. Pernecky is an aggressive business operator trying
to do a good job. He main concern was for the traffic off
Las Tunas and was not sure there was an answer for that. He
questioned if a development went in on the opposite corner
would Mr. Pernecky be willing to participate in a traffic
signal project if it became necessary. He felt the trucl
problem would be mitigated. The project would be a definit(
improvement and was in favor of approving if restriction:
were included for truck loading on the property.
Councilman Gillanders agreed with Tom to some extent. He
also mentioned that the litter problem in the area was not
addressed. He had previously voted against the project
because of the number of parking spaces, angle of turn to
get around the corner and the proximity of property to the
back property line. However, the new plan addresses all of
these objections. He expressed the same concern with truck
loading as Tom and felt it should be accomplished on the
premises and not block the street.. Continuing, Councilman
Gillanders felt it was an excellent project and Mr. Pernecky
has taken every conceivable measure to attempt to mitigate
all concerns. He would like some type of shielding shrub-
bery at the back of the property and this could be worked
out with Community Development Director Dawson.
Councilman Breazeal felt the project met all the criteria
for size, shape, and topography. He did have a concern
about access to highways and streets. He also felt the fact
that Agnes is not signalized will be a real problem because
cars would be exiting on Agnes. Another concern was that it
would have an adverse effect on surrounding properties an
permitting commercial use parking encroachment into an R-
area would set a very dangerous precedent. He could not
make the findings for this case.
Councilman Froehle agreed that this is a tough decision. To
have a proper circulation pattern, the property to the north
is necessary. As far as traffic exiting on Agnes, he felt
traffic was exiting on Agnes now. A circular drive will not
increase this traffic - but it will exit on Las Tunas. The
findings for a Modification to a Conditional Use Permit can
be made with the addition of the property to the north. As
far as an adverse effect on the neighbors, he did not feel
it would have anymore than it already has. He is not keen
on commercial use encroaching into residential but in this
case it is a permitted use. He is in favor of approving
this project.
Mayor Swain said she found herself on the side of the minor-
ity. She believed the project would have an adverse effect
on the neighborhood because of traffic at an intersection
not signalized and a shopping center going in across the
street. She did not believe commercial activity should
encroach into a residential area. The exiting onto Agnes is
not a factor against this proposal. She encouraged th
McDonald's people to try to acquire the property to the wes
at some future date when it became available.
Councilman Atkins moved to sustain the appeal and to approve
Modification of Conditional Use Permit No. 69 -285 at 9831
East Las Tunas Drive and requested staff to prepare a Reso-
lution with conditions of approval to be brought back to
Council for review at their next meeting on June 21, 1988;
seconded by Councilman Gillanders and carried on a roll call
vote as follows:
ROLL CALL:
AYES: Councilmen Atkins, Froehle, Gillanders
NOES: Councilmen Breazeal and Swain
City Council Minutes of June 7, 1988 -Page 9
Mayor Swain called a short recess at 9 :30 P.M.
Mayor Swain reconvened the City Council meeting at 9:45 P.M.
B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF
ZONE VARIANCE 88 -923 AT 5829 SULTANA AVENUE (MIKE
MILOSAVLJEVIC) -
City Manager Koski provided background information stating
the applicant is requesting a zone variance to allow con-
struction of a second dwelling unit on a lot with an exist-
ing residence. Two variances are needed: 1) a variance to
allow a 5 -foot side yard setback instead of the required
10 -foot side yard setback and 2) a variance to allow the
two -story addition to be within 14 feet of the rear property
line instead of the required 15 feet. The subject property
is abutted along the south by the Edwards Theater parking
lot. The Planning Commission denied this request based on
the fact that the predominant land use in the area is Single
Family Residentia1. and. the. Planning.. staff is preparing a
General Plan Amendment and Zone Change proposal for an area
which includes the subject site. The Planning Commission at
their June 14, 1988 meeting will be considering a General
Plan Amendment to re- designate the subject site to Low
Density Residential and re -zone the property R -1. Because
of this proposed General Plan amendment and re- zoning, staff
has recommended continuing this item.
Councilman Froehle stated that as a courtesy to those at-
tending tonight, they could hear testimony but continue the
case to the next Council meeting on June 21, 1988.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter -to
come forward at this time.
George Dragicevich, 31 E. Floral St., Arcadia, stated the
controversy at the Planning Commission was due to a stair-
well provided for the back unit. He discussed this with the
Building Department and it is possible to solve this prob-
lem. He felt the Planning Commission should have approved
this based on Section 9201 of the Zoning Code. The lot is
unique in that it is adjacent to a commercial development.
Also, the parcel is irregular in shape. The side yard
setbacks are consistent with the present code. Mr.
Dragicevich said there are many residential developments
with a 5 foot setback and in many cases with a 3 foot set-
back. The rear yard setback should have been handled as a
Minor Zoning Modification. The owner �f the property was
also an issue. Mr. Dragicevich said the property owner gave
up access rights for the vacation of Elm Street. Continu-
ing, he felt the approval of this development would not have
an adverse affect on the neighbors. He agreed with staff's
recommendations except Item 6 - the requirement of a 6' x 8'
trash enclosure. He felt a 6' x 6' would be adequate. Also,
Item 9, the requirement to underground all utilities, is
unnecessary and a burden to the owner and would endanger
trees on the property. The property is presently zoned R -3.
He asked Council to reverse the Planning Commission's deci-
sion. -
Mayor Swain asked if the trees on the property were to be
removed and if so what were the plans to replace them.
Mr. Dragicevich replied that some of the trees would be
removed and no plans were made to replace them.
City Council Minutes of June 7, 1988 -Page 10
Dennis Beveridge, 5831 Sultana Ave., stated he is the pro-
perty owner directly next door. He explained the trees in
question are destroying his wall and he has asked to have
them cut down. The applicant's son has lived there three
weeks and every weekend five or six cars are parked in the
driveway. He asked where the tenants will park. There is
no parking on the street on the weekend. No one in the area
can have company unless it is arranged according to th
theater's schedule. Mr. Beveridge said the entire neighbor-
hood is against this project. The lots are all singlE
family residences.
David Barth, 5826 Myda Ave., questioned the ownership of the
property - it was to be reviewed. In answer to questions
from Councilman Gillanders, Mr. Bart said the 21 feet of Elm
Street being discussed was annexed with the street vacation.
Nobody has taken ownership and no taxes have been paid. He
also stated this property has not been owner occupied and
does not show as well as other properties in the area.
Attorney Martin .said the. property ownership objection became
academic because it was denied by the Planning Commission.
Kim Wong, 5826 Sultana Ave., told the Council she did not
want an apartment complex in a residential area.
Councilman Gillanders 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 Atkins and unanimously carried.
Councilman Gillanders moved to continue the public hearing
on Appeal of the Planning Commission denial of Zone Vari-
ance 88 -923 at 5829 Sultana Avenue to the next City Council
meeting on June 21, 1988, seconded by Councilman Froehle anc
unanimously carried.
8. COMMUNICATIONS: There were none.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
There were none.
RECESS TO CRA:
At 10:15 P.M., the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of the
May 17, 1988 meeting as amended; approved agreement for ap-
praisal services with Lea Associates; adopted Resolution No. CRA
332, authorizing payment of bills; and received input from
members of the Concerned Residents Association of Temple City.
The Minutes of the Agency are set forth in full in the Agency's
records.
RECONVENE AS CITY COUNCIL AT 11:20 P.M.
10. ACTION ON REQUEST BY CRA: None.
11 MATTERS FROM CITY OFFICIALS:
Councilman Atkins called Council's attention to a letter from
the City of Duarte regarding SB 2285 which would change the
South Coast Air Quality Management District Board from eleven to
twelve members, two of whom would represent the cities of Los
Angeles County. One member would represent eastern cities in
the San Gabriel Valley. SB 2285 will go before the Assembly
Natural Resources Committee on June 13, 1988; therefore, Coun-
cilman Atkins moved to consider this an emergency item for the
purpose of sending a letter supporting this bill, seconded by
Councilman Gillanders and unanimously carried.
1
1
1
City Council Minutes of June 7, 1988 -Page 11
Councilman Atkins moved to approve writing a letter in support
of SB 2285 prior to June 13, 1988, seconded by Councilman Gil -
landers and unanimously carried.
12. ADJOURNMENT:
On motion by Councilman Breazeal, seconded by Councilman Atkins,
the meeting of the City Council was adjourned at 11:20 P.M. to a
study session on Monday, June 13, 1988, at 7:00 P.M. in the
Community Room.
ATTEST:
Chief Deputy City Clerk