HomeMy Public PortalAboutCity Council_Minutes_1980-07-01_Regular 1980CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JULY 1, 1980
INITIATION:
CALL TO ORDER.:
Mayor Atkins _called the regular meeting of the City Council to order
at 7:32 p.m, on Tuesday, July 1, 1980, in the Council Chamber of the
City Hall.`
2. The invocation was given by Reverend Norlyn Brough, Church of the
Nazarene, 99953'Las Tunas'Drive.
3. The Pledge of Allegiance to the Flag was led by Mayor Atkins.
4. ROLL CALL:
Present: Councilmen- Dennis, Gillanders, Merritt, Tyrell, Atkins
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Draglcevich, Parks and Recreation Director
Kobett, Julie Estrada, Temple City Times
5. CONSENT CALENDAR:`
On motion .by Councilman Tyrex1, seconded by Councilman Gillanders,
Items A through 1 on the Consent Calendar were approved as recom-
mended:
A. APPROVAL OF MINUTES - Regular Meeting of June 17, 1980.
'Adjourned Meeting of June 24, 1980
Approve as written,
B, RESOLUTION NO, 80 -1915: ADOPTING A SALARY SCHEDULE AND PAY PLAN
Adopted Resolution No, 80 -1915 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OP TEMPLE `.CITY 'ADOPTING A SALARY SCHEDULE AND PAY PLAN.
C, REPLACEMENT OF CITY -OWNED TRAFFIC RADAR UNITS
Approved the purchase of two new radar units for City's traffic cars
D. ORDINANCE NO. 80 -496: 2nd read, RELATING TO DEVELOPMENT STANDARDS
FOR APARTMENTS
Adopted Ordinance No, 80 -496 AN ORDINANCE OF THE CITY COUNCIL OF THE OF TEMPLE CITY AMENDING SECTIONS 9352, 9362, AND 9366(2) RELATING
TO'DEVELOPMENT STANDARDS FOR APARTMENTS IN THE R-2, R -3, AND R -4 ZONES
E. ORDINANCE NO, 80 -497: 2nd read, DEALING WITH DISPLAY OF BOOKS!,
MAGAZINES AND OTHER PUBLICATIONS
Adopted Ordinance No, 80 -497 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING
CHAPTER 9 TO ARTICLE IV DEALING WITH THE DISPLAY OF BOOKS, MAGAZINES
AND OTHER PUBLICATIONS.
F. RESOLUTION NO. 80 -1912: ADOPTING 1980 SUPPLEMENT TO PUBLIC WORKS
SPECIFICATIONS
Adopted Resolution No. .80 =1912 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ADOPTING THE 1980. SUPPLEMENT TO THE UNIFORM
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1979 EDITION.
Council Minutes, July 1, 1980 - Page 2
G. RESOLUTION NO, 80-1913: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 80 -1913 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
H, RESOLUTION NO. • 80 1914 WARRANTS AND DEMANDS
Adopted Resolution No. 80- 1914'A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$93,255,51, DEMAND NOS-448 THRU 510.
I. ACCEPTANCE OF SANITARY SEWERS - TRACT NO. 37502, 6039 N.
GOLDEN WEST AVENUE
Approved the work completed as required by Sanitary Sewer Agreement
and accepted for public use; released the Sanitary Sewer Agreement
and .Bond for Faithful Performance.
UNFINISHED BUSINESS:
1
6. PUBLIC HEARING: REVISION OF HOUSING ELEMENT OF THE GENERAL PLAN
City Mangex Koski .presented background information, stating the
Planning".Conauission at' their regular meeting held May 27, 1980,
held public 'hearing and adopted resolution recommending to the City
Council approval of the Revised Housing Element of the General Plan.
Pursuant to Government` :Code and Housing Guidelines, the Department
of Housing and Community Development requested a revised Housing
Element for each .city' be' prepared and submitted for review and approval.
The original Housing Element was included in the General Plan in 1971.
The revised Housing Element was on the City Council agenda June 17,
1980,: at which. time'. Council: continued the matter to their June 24
adjourned meeting, - A Negative Declaration of Environmental Impact
was prepared and approved for filing by the Planning Commission at
their meeting of May 27,.41980E
Mayor Atkins declared :the °public hearing open and invited anyone wishing
to speak : to - come forward.' There being no one to come forward to speak,
Councilman Gillanders moved to close the public hearing, seconded by
Councilman Dennis and carried,
Councilman' 'Merritt: moved ° to certify the Negative Declaration of
Environmental ..Impa.ct_, -and :adopted Resolution No. 80 -1910 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE GENERAL
PLAN OF THE CITY, seconded-by Councilman Gillanders and carried.
7, PUBLIC HEARING: PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE
SECTIONS 9371.1A and B - RELATING TO NON - RETAIL USES IN C -1 ZONE_
City Manager Koski presented background information, stating the
Planning Conanission, at' their regular meeting held May 13, 1980,
adopted resolution recommending amendment to the Zoning Code relating
to certain non - retail uses in the C -1 zone, deleting from Section
9371.1A' carp :et and rug sales, retail; instant printing; interior
decorating; photograph studios; sign show cards and posters; and
deleting from Section 9371,1B, barbers and beauticians; insurance
agents and /or brokers and investment securities and stock brokerage
fiinus :.: _ City Council, at. their regular meeting held June 17, 1980,
continued this matter to their June 24 adjourned meeting for review
and 'it. was ; the :consensus of the Council that the three items in
Section 9371.1B would be deleted and sign show cards and posters and
trading stamp redemption centers would be deleted from Section 9371.1A.
Councilman Merritt advised the general public that while these
categories are being c"ofisidered for deletion in the C -1 zone, those
businesses which are already there would not be required to move,
nor would there be a problem if the same type business replaced the
existing - business .
Mayor Atkins invited anyone wishing to speak to come forward.
Council Minutes, July 1, 1980 - Page 3
Darryl Antrim, Temple City Camera Shop, opposed any deletions from
the C -1 zone, stating the parking lots are half empty most of the
time, that only when there are special sales and the rush banking
hours are they full; that those uses are needed for foot traffics
He called the proposed deletions censorship,
In answer to specific questions from Council, Mr, Antrim stated he
was unaware of the proposed amendment until he received a letter
this . week .fr:om the' .City; .he had not received any communication from
the_Chamber.of Commerce; that he is happy where he is and does not want
any restrictions in the future should he decide to change the use of
his buildings
John Conover, :9110. Las Tunas Drive, stated he was under the impression
ff hm e of Commerce was in opposition to the proposed amendment;
that the 'change would make it impossible to rent those buildings which
are less than 1,000 s :q ", ft, creating more empty buildings. Also those
buildings which might be empty for six months would be considered
abandoned :and ' :could not be rented for the same use.
City Manager-Koski advised if there is not intent to abandon and the
problem was in renting the site, it would still be able to be leased
with the.same use,.
Mar Lou Swain, 575.8 Agnes Avenue, stated the. Chamber of Commerce sent
eaters to a 1 members in the C -1 zone; a meeting was held and very
few attended leaving those in attendance to assume there was no
objection; the Chamber went on record as being in agreement with the
C -1 zone concept but not with all those uses listed by the Planning
Commission..
Elmer Black, 9519 Las Tunas Drive, stated he attended one of the
Chamber study sessions and it was his understanding the Chamber went
on record as leaving the C -1 zone as is. He advised he received a
letter from the City dated- June 27 which was not specific, This amend -
ment would have an impact on property value and requires specific in-
formation to property owners
In discussion :, Council _felt . the matter should be continued in order
to notify all .property owners and tenants of the businesses in the
C -1 zone. Councilman Tyrell moved to continue to August 5, 1980,
seconded by Councilman Gillanders and carried
8. PUBLIC HEARING: TENTATIVE TRACT NO, 39684 AND CONDITIONAL USE PERMIT
(AND ZONE CHANGE) 8913 -19 E HERMOSA AVENUE
City Manager Koski.,: in presenting background information, stated the
Planning Co•inuaission,.. at their regular meeting held May 27, 1980,
held .public.hearin:g.on a ::zone change request from R -2 to R -4 and a
conditional. use permit in conjunction with a hearing on Tentative
Tract No 39684 The matter ended with a 2 :2 tie and was referred to
Council Without recbtniiiendation. The applicant is requesting a zone
change from 'R-2• to R -4 to develop property located at 8913 -19 E.
Hermosa - Avenue, if granted the proposed development will consist of
12 condominiums units City had a prior request in conjunction with
a 14 unit condominium p:roj eot Which was denied on a 3 0 2 vote by
Councils City Council, at their regular meeting held June 3 set
public hearing-for this - evening
Mayor Atkins - declared the public hearing open. Planning Director
Dragicevich gave staff report, advising the maximum density for 'R -4'
zone is 36 units; the-proposed 12 condominium units, two stories high,
will be:i 45.4 sq •ft , each with a two -car garage with an additional
six .parking .spaces:,. • 2-of-which will be subterranean; lot coverage is
46.5% (permitted - 50%).;.- the .development will have a 40 ft, front set-
back, 19 ft_rear:..setback. and 10 ft. and 15 fto side setback for first
and _second- flour respectively, He referred to the floor plan and
elevation plan exhibits, advising the development conforms to all guide-
lines. The Planning Director advised a draft Environmental Impact
Council Minutes, July 1, 1980 - Page 4
Report was prepared and submitted in accordance with the California
Environmental Quality Act of 1970, as amended,
Michael .Hli"a, 8135 " Arroyo "Drive, South El Monte, stated the density
in t is proposal has-been reduced from 14 to 12 units; the entire
building" is oriented to the interior; the plan complies with the
General Plan; there would not be a cumulative effect because Reno
Avenue is narrow and the potential for higher density is not there.
Those speaking in'favo of the development:
Winifred Borcheres, 8919 Hermosa Avenue, stated the development would
e a.n asset to t e community,
Cleora Gordon, 8919 Hermosa Avenue, stated she has lived there for
44 years, the property is deteriorating and she cannot maintain it,
and that the improvement would be an asset to the area.
Mike Bernard, 880.3_ Naomi Street, San Gabriel, representing owner
Po aro,`tated that change for the sake of change is not good,
however the owners have come up with a good project which will improve
the area.
Carl Pollaro, 8915 Hermosa Avenue, stated he is in favor of the
proposed change of zone.
Councilrnan. Tyreli moved to' include all Planning Commission minutes
and the prior Council minutes as part of the record, seconded by
Cou.ilcilinan Dennis and carried
Zn .2.2.2.2 t1 o11
Ned ".Lamb, 5940_' Reno. Avenue, stated his remarks are on record, and
essentially he is opposed because of the additional traffic the
development would create,
Robert Rodenbucher, 5936 Reno Avenue, stated he is opposed to the
z one c ang`e an t e: property, should be developed as an R -2 zone
Council could not guarantee that anyone on Reno with a well designed
project will be denied if this project is approved,.
Robert Reed , 5912 Reno Avenue, stated the neighborhood does not want
t e property developed as R -4; the only people supporting it are those
who will profit. The project will create an increase in population,
traffic and crime:..
William Owens, 5932 Reno Avenue, stated he is opposed and his remarks
are on record.
Warren Umstead, -8909 Hermosa Avenue,- stated he would be the most
a ecte an- the' prop-erty :owners have signed a petition opposing a
zone-change in the m ddie"of the block. In answer to question from
Councilman Tyrell, Mr, U'mstead said he does feel the property needs
upgrading, b :t.. _it_ should" be developed with three or four units
Robert Axtell, 8903 Hermosa Avenue, stated he was opposed to the
zone change request
Janice Ree, 5912 Reno Avenue, stated she is opposed to the condo-
minium deve opment..
Frank Buccacio-,.6345 Temple City Boulevard, stated he agrees with
t ose speaHilg against the zone change. He feels the City is being
spot zoned.
Michael Klipa, in rebuttal, stated he doubted that in the forseeable
future a better proposal will be made; the density is a matter of
economics' and the development is within the General Plan guidelines;
as for future development of this type on Reno, the City guidelines
state there must be a 40 fto roadway; and this development can provide
Council Minutes, July 1, 1980 - Page 5
1
1
a buffer to the R -4 density that can be built on Rosemead
Boulevard.
City Attorney Martin questioned Mr. Klipa as to how the City could
approve an R -4 zone and prevent someone else coming up with a higher
density R -4 development. Mr. Klipa stated the City could delay final
reading and adoption of the ordinance approving a zone change and tie
it in with approval of the final tract map.
There being no further testimony, Councilman Gillanders moved to close
the public hearing, seconded by Councilman Merritt and carried.
City Attorney Martin advised the Council, if a zone change were granted,
it could be tied in with the final map, or if the property is being
purchased through escrow, require that the deed limit development to
12 units.
Councilman Dennis stated there is no difference from the proposal
he voted against before and he doesn't see any reason to vote for it
this time; that he is opposed to the zone change.
Councilman Gillanders stated the project is a good development but
he opposes the change of zone in that he feels this would be spot
zoning.
Councilman Tyrell stated the existing buildings are well beyond repair
and the maximum allowable five units will not be economically feasible.
Also sometime in .our lifetime the City will have to provide that older
property must' be upgraded and not rule out economics or the entire city
will be deteriorated. Also the property is next to the R -4 zoned
property on- Rosemead Boulevard, yet he feels this would be spot zoning.
Councilman Merritt stated he feels the project is good and creates a
buffer from Rosemead Boulevard; condominiums are the best maintained
type of development in the City; he can't see the contention that Reno
would be developed likewise in that developers would not consider the
cost of widening the street, This area is not going to look like it
does noW in 10 years and he favors the change of zone to R -4
Mayor Atkins-stated he supported the zone change before and supports
it this.time ;. he does not.view it as spot zoning because it is con-
sistent with the R -4 zoning on Rosemead Boulevard and can serve as a
buffer zone, The neighborhood is stable and this zone change would
not be detrimental.
Councilman Merritt moved to approve the Environmental Impact Report,
seconded by Councilman Tyrell and carried.
Councilman Merritt moved to approve the request for change of zone
from R -2 to 'R -4, seconded by Mayor Atkins and denied on a roll call
vote
ROLL CALL:
AYES: Councilmen- Merritt, Atkins
NOES; Councilmen - Dennis, Gillanders, Tyrell
Councilman Dennis moved to deny Conditional Use Permit No, 80 -578
and Tentative Tract Noe 39684 as they do not comply with the existing
zoning which is R -2, seconded by Councilman Merritt and carried.
PUBLIC HEARING TENTATIVE TRACT NO, 39984 AND CONDITIONAL USE PERMIT -
6042 -44 TEMPLE CITY BOULEVARD
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held June 10, 1980, held
public hearing and adopted a resolution recommending a conditional use
permit and approval of Tentative Tract No. 39984. City Council, at
their regular meeting held June 17, 1980, set public hearing this
evening.
Planning Director Dragicevich gave staff report, and referring to
plot plan marked Exhibit "A ", stated subject property, located at
Council Minutes, July 1, 1980 - Page 6
6042 -44 Temple City Boulevard is zoned R -4; the proposed development
will Consist of 10 condominium units, two stories high. Each unit
will consist of two bedrooms and a three -car garage, which will be
semi - subterranean, The proposed development meets the standards
for condominium development as required by Ordinance No 79 -486.
A draft environmental impact report has been prepared and submitted
in accordance with-the California Environmental Quality Act of 1970.
Councilman Tyrell moved to include the Planning Commission minutes
and all documents a part'of the record, seconded by Councilman Merritt
and carried.
Mayor Atkins declared the public hearing open and invited anyone
wishing to speak to come forward,
Charles Chivetta,
for any questions
preferring to let
record,
101 E. Huntington Drive, stated he was available
Council may have but would not make a statement,
the Planning Commission minutes speak for the
There being no one else come forward to speak, Councilman Merritt
moved to close the public hearing, seconded by Councilman Gillanders
and carried.
Councilman :Merritt-moved to .amend the Environmental Impact Report to
include the ,comments and-documents of those testifying at the public
hearing by incorporating a copy of the minutes into the report; that
City. Council: certifies the Report has been completed in conformance
with the California Environmental Quality Act and the State guidelines •
and that. Council has:reviewed, considered and evaluated the information
contained'in the report; that the final EIR is adequate and provides
reasonable information on.:.the project and is consistent with the zoning
code an-d general plan;• and that each and every adverse environmental
impact-contained: in -the amended report is overruled and counterbalanced
by economic and.social needs, objectives and concerns in providing
private or public improvements of municipal import, seconded by Council
and carried,
Councilman Merritt moved to approve Conditional Use Permit No, 80 -583
and Tentative Tract Na, 39984, seconded by Councilman Tyrell and
.carried°
10. PUBLIC HEARING: APPEAL FROM PLANNING COMMISSION DECISION - MODIFICATION
OF ZONE VARIANCE CASE NO. 79 -565 - 9094 LAS TUNAS DRIVE
City Manager Koski - advised City Council, at their regular meeting held
June :17', 1980, set public hearing on this appeal for July 1; however,
applicant submitted a request, dated June 24, to continue the hearing
to September 2, 1980.
Councilman Tyrell moved to continue the public hearing to Tuesday,
September 2, 1980, seconded by Councilman Merritt and carried.
NEW BUSINESS:
None,
11. COMMUNICATIONS:
There were no communications,
12. TIME FOR THOSE IN THE AUDIENCE WHO WISH-TO SPEAK:
Emile Juick, 5601 Pal Mal Avenue, stated he would like to hear the
City ttorney's report relating to the injury sustained by his daughter
while playing in a basketball tournament a year ago.
City Attorney Martin stated he had made his report to the City Council
at their regular meeting held June 17; that he would call Mr. Juick
tomorrow, to which Mr. Juick stated there was no need to call him.
Council Minutes, July 1, 1980 - Page 7
He believes the City must accept the responsibility for the accident.
John - Conover, 9110 Las • Tunas Drive, provided each Council member with
the estimate he received to tie his electricity into Underground
District #4, Council instructed staff to investigate the estimate
and bring the m'at'ter back to the City Council
Frank Bucca.cio,, :.6345..Temple,City Boulevard, complained about a nuisance
existing next door; including running water, garbage thrown in the yard,
illand late hour noise. Council instructed staff to initiate whatever
means is necessary to alleviate the problem,
ESS- TO CRA
City.. Council .recessed at 10:03 p.m. to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held June 17, 1980, and approved the 1980 -81 budget. The minutes
are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
13. ACTION ON REQUEST BY CRA:
There was no acti