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HomeMy Public PortalAboutCity Council_Minutes_1987-09-01_Regular 1987 CITY OF TEMPLE CITY CITY COUNCIL • MINUTES SEPTEMBER 1 ,19.87 INITIATION: 1 . CALL TO ORDER: Pursuant to the Agenda posted on August 28, 1987, Mayor Pro Tem Froehde called ,the `regular meeting of the City Council to order.. at 7 : 30 p.m. on Tuesday, September 1, 1987 . 2. The invocation was given by C.ity .Manager Koski . 3 . The P1'edge of. Allegiance to the Flag was led by Mayor Pro- Tem Froehle 4. ROLL CALL: Present: Councilmen-Atkins, Dennis, Froehle,- Swain Absent: Mayor Gillanders Also Present: City Manager Koski , , C:ity Attorney' Martin, Community , Development Director Dawson, Parks and'. Recreation Director, Kobett, Public Works Coordinator "'Peterson and a -representative of the .T.t., Times Councilman Swain ,moved. ' to,; excuse Mayor Gillanders with cause-, seconded by.' Councilman ' Dennis. and ,unanimously car- ried.. PRESENTATION. OF SERVICE AWARD Mayor- Pro Tem Froehle, presented Director of' Parks and Rec- reation. V,ic.'Kobett with a 257year service award.. Mayor Pro Tem Froehle thanked Mr. Kobett for his years of service and dedication . and Mr. Kobett in turn thanked, the Council and the communty, for the opportunity to serve. them. j 5 . CONSENT CALENDAR:. Councilman Dennis , requested items A, I, and Z, be removed from the Consent Calender -and 'Councilman Swain - requested that items B and .-G be removed. Councilman Atkins moved to approve the remainder of. the Consent Calender as recom- me.nded, seconded by Councilman Dennis, and unanimously 'car ried. C. RESOLUTION NO. 87-2731 - 1987 SUPPLEMENT - TO STANDARD` SPECIFICATIONS FOR PUBLIC .WORKS , CONSTRUCTION, 1985 EDITION City Council adopted Resolution No.. 87-2731, A RESOLU- TION_ OF THE, CITY .- COUNCIL -OF THE CITY ' OF. TEMPLE CITY ADOPTING THE.,1987 SUPPLEMENT -TO THE STANDARD SPECIFICA- TIONS .`FOR THE PUBLIC- WORKS CONSTRUCTION, 1985 EDITION. D. PLANNING 'COMMISSION ACTION FROM THEIR REGULAR MEETING OF AUGUST 25, 1987 City Council : ,received and. - filed the memo (outlining action taken by-; the_ Planning Commission at their August 25 meeting. Council Minutes, September 1 , 1:987 -Page 2 ., E. RESOLUTION NO 87-2732: • ACKNOWLEDGING-RECEIPT AND FILING OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1.987-88 City. Council adopted Resolution No. 87-2732,: A RESOL.U- T'ION OF THE CITY, ,.COUNCIL OF . THE CITY OF TEMPLE CITY ACKNOWLEDGING ' RECEIPT .AND FILING. OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR '1.987-88 F. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION REGULAR MEETING OF AUGUST 19, 1987 (1) REQUEST .FOR - USE ` OF LIVE OAK PARK, BY GIRL . SCOUT TROOP 27 City Council . approved thb, request, of 'Girl Scout Troop 27 for 'use of the -Craft .Room .at Live Oak Park on Wednesdays commencing .."September and "'continuing through June 8, 1988 from 2:30 - 4 : 30 p•.m. for the,,, purpose. of holding weekly meetings. ' Approval was given subject to receipt of the required Certifi-- cate of Insurance. (2) REQUEST FOR. USE OF 'LIVE OAK PARK BY THE TEMPLE CITY - GIRL SCOUTASSOCIATION City, Council approved- the request of the .Temple City Girl Scout Association for use, -of. .the, Multi=Purpose Room- at . Live Oak iPark "on .September 21 from. 7: 00 -9.:00 p.m. to' conduct registration f or the -' coming scouting year. Approval was given subject to re- ceipt of ,the required Certificate of Insurance. H. COUNTY REGISTRAR RECORDER: REQUEST '- TO USE- CIVIC` CENTER AS CHECK-IN-CENTER. ON 'NOVEMBER 3 , , 1987 , CONSOLIDATED ELECTIONS City Council approved . use of the Civic Center,, as, Check- .In-Center,:- for the Consolidated Elections by. the` ,County . Registrar Recorder on November 3: K.. ' PURCHASE OF CITY 'VEHICLE - City Council approved- :the purchase 'of _a. vehicle for the Code Enforcement Program. •� L. RESOLUTION NO. . 87-2733 : EMPLOYMENT OF,.,BUDGETED', PERSON- NEL . : adopted_; ' Resolution No.'-, 8.7-2733 approving at of •-budgeted personnel. i j6G : ' iN NO.: 87-2734: APPROVAL. OF PAYMENT OF BELLS City Council adopted Resolution No. 87-2734 approving claims: and demands in the amount of $344,79-1. 23 . - A. APPROVAL OF .MINUTESI- Regular' Meeting of .August 18, 1987 Councilman Dennis referred .to Page :7, paragraph two of" the - Minutes; requesting that , the square footage, of the home reflect area of 40.0 square feet rather than 4,-000 square feet. Councilman Atkins moved. to approv ' the Minutes of August 18,. ,19-87 as corrected, seconded by Councilman," Dennis and ;. carried with .Councilmen. Swain and Froehle abstaining: Council Minutes, September 1, 1987, - Page 3 B. ACCEPTANCE OF BID AND AWARD OF CONTRACT - 1987-88 CHIP ` AND SLURRY SEAL PROJECT, MAINTENANCE AREA 1 • City Attorney Martin recapped the . problem surrounding the award of the subject contract stating that two bids had been received and were opened- at 10: 00 'a.m. A third bid had been expressed mailed and - delivery _attempted on Saturday. However, since City Hall is closed on Satur- day, the bid was placed in the regular mail on Monday in the usual receipt location for ,pick up. The bid .was not discovered until the regular. mail was opened- at 10 : 05 a.m. At 10 : 10 a.m. the City Clerk's Office called City Attorney. Martin to- advise him of the- situation. It was the opinion of the City Attorney that the contractor had done everything possible to assure delivery of the bid in a timely manner and the problem of the late accep- tance ' of the ;bid occurred due to : the timing of the distribution of mail within City. Hall- Approval was given by the City Attorney to the- City Clerk's Office to proceed with the opening of the bid. The bid was opened and ,read publicly at 10 : 10 a.m. The bid received from Slurry Seal of California was the , low bid on the pro- ject. City Attorney Martin posed the two questions facing- the City Council regarding the bid sent by ex- press mail: , (1) Should the bid that. was received at City Hall on Saturday and then redelivered again on Monday be considered or do - the internal .workings of the post office and City staff.- kill the .bid. (2) If the bid„ in ,question ' was not accepted, would the contractor not have a valid argument that his bid was received two days prior to the actual bid opening? It was the opinion of Mr. Martin that a Charter City may waive .,the defect', open and consider the. 'bid. That being true, the apparent low bid is -Slurry Seal of California. City Manager Koski - advised that a call was received last week which 'indicated' that Slurry_ Seal of California had not made payment to Traffic Striping, Inc. Coinciden- tally, Traffic Safety Striping is under contract to the • City. A call . to Slurry. Seal - was- made and it was indi- cated that, thie ;City hard received a consumer- complaint against them from Safety; Striping. Since then a payment was made - to Safety Striping and they, ,submitted copies of Cashier's Checks. As of today's date Safety Striping indicated that payment .,had ,indeed -been. made.. There was no reason given 'by Slurry_ Seal for the delay of the payment, although it is- ,the. understanding of Mr. Koski , that this is the second time- there - has been difugalties be' tween. these two contractors. . City Manager .Koski recommended that the matter be held over till . the next regular meeting of, the City Council in' order to give staff sufficient time to investigate the matter thoroughly. and- provide -the City. Council with an in-depth report. John Corcoran, Manhole Adjusting' Contractors, President, 2300 . Greenwo.od Avenue,; -;Monterey Park distributed a brief prepared. - by his law firm. Mr. Corcoran stated that he - believed''that an , attempted _• waiver. of, the ir- regularity coul:d` be adjoined by the court because of the public agency's failure to comply with its own bid invitation- rules., regulations and procedures, and statu- tory and case law. It was Mr. Corcoran,'s understanding that public officials present at the bid opening does not constitute a public opening and feels that Slurry Seal of California. should be rejected 'and the 'contract awarded to Manhole Adjusting Contractors. Council Minutes, September 1 , 1987 - Page 4 Councilman. Atkins' moved to hold over the matter until the- next regular meeting of City .Council on September, ` 15, seconded by Councilman Swain and' unanimously car- • ried. I . APPROVAL OF FINAL MAP; PARCEL MAP , NO.. 17616 FOUR (4) UNIT RESIDENTIAL; CONDOMINIUMS AT 6024 KAUFFMAN AVENUE (MUR-SOL, INC. ) Councilman Dennis recommended that a more, complete synopsis be -provided the city Council rather than list- ing various Code section numbers used in the backup material in order .that Councilmembers maybe fully aware of all referdnces 'made toward compliance to Code. Councilman Dennis moved .to approve the CC & R's; approve the .map; -made findings per staff memo dated August 25 , 1.987; and instructed the City Treasurer to endorse the Map, seconded _by I .Councilman Swain and unanimously car- ried. J. AUTHORIZATION •TO PURCHASE FURNITURE FOR �SENIOR CITIZEN'S LOUNGE Councilman Dennis requested that, on . recommendations to purchase, it would be helpful to Councilmembers if the figure would also reflect tax and freight. Councilman "Dennis moved to authorize the purchase of furniture for the •"Senior Citizen's lounge in the amount of $4,265 . 00 plus. tax of $264 . 81 for a total of $4,529. 81-, seconded' by 'Councilman Swain and unanimously carried. G. AUTHORIZATION TO SOLICIT -BIDS: LIVE -OAK IMPROVEMENTS Councilman Swain moved, to authorize staff to solicit bids for- improvements at Live Oak -Park `utilizing $100,000 from State Grant Funds, seconded by Councilman , Atkins and unanimousiy .carried. 6 . UNFINISHED BUSINESS-:, A. ORDINANCE NO: 87-612 (2nd Reading) CHANGE IN ZONING FOR THE AREA IN TEMPLE CITY GENERALLY LOCATED ALONG THE NORTH SIDE OF LOWER -AZUSA BETWEEN GOLDEN ' WEST AND GLICKMAN AND ON EACH SIDE OF, BALDWIN NORTH TO GREEN STREET "(Z:ONE CHANGE- 87-842) City Manager Koski provided ' background information stating that .Ordinance `No.. 87-612 was introduced at the City Council's- meeting of August - 18th. -for its first . reading after conducting a public hearing. -As a result of -that hearing, two .major areas were removed from .the Zone change process. First,_ the proposed change ,in zone from R4 'to' C2' and located. ap_ proximately, 150 feet east of Baldwin on the north side of -Lower . Azusa immediately adjacent to' the ' Winston'••.Tire . outlet. This. area • is to be considered again .on October 20th: InIaddition, all the .•. proposed zone changes along Baldwin . and , the three lots on the east :side of Willmonte, . .which were proposed to Change -from . R-1 to • R=2, were not changed and staff was directed to consider a General Plan- amendment to show the area as Low Density rather than Medium Density Residential. . All other 'areas were approved as adver- • ti8ed. Council .Minutes, September 1, . 1987- - Page 5 Councilman Swain wished to discuss this second reading before it was voted on• since .she was not at the previous City Council meeting. It was her recollection that at area - meetings throughout the -City . a year ago and then again at public,' hearings both before the Planning Com- - mission and the -City Council the property on the east side of Baldwin between Lower Azusa and Green Street .was discussed at great length. A great deal. of testimony in favor of ..the change to R-2 was given. Most of the propert-les- are. currently developed with more than one unit, , and the lots are anywhere from 74 - 85 feet wide and ' 280 - 300 feet deep. Councilman Swain felt that records of discussions 'of the previous meetings should be reviewed, and indicated that she is not. in favor of- changing fchanging the General Plan back to low density. Councilman Atkins moved to waive further reading and adopt ' Ordinance No: 87-612, AN .ORDINANCE OF THE CITY COUNCIL ,OF THE ,CITY, OF TEMPLE CITY APPROVING ZONE CHANGE 8-7-842,, - .seconded by Councilman .Dennis carried .on a roll -call vote. ROLL CALL:- AYES: - Atkins; Dennis, Froehle NOES:: Swain 7 . NEW BUSINESS: A: PUBLIC HEARING: ZONE CHANGE 87-851 PROPOSED ZONE CHANGES GENERALLY LOCATED SOUTH OF LAS TUNAS DRIVE, NORTH OF ,LIVE OAK BETWEEN SULTANA AND. GOLDEN WEST It .was. suggested by Mayor Pro Tem Froehle that, in order to conduct the public hearing in an orderly fashion, , the Council would address - one.- map at a time- beginning with Map - A. Mr. Kosk-i -suggested that Planning Consultant Tooker make his comments ' regarding the,, recommendations of the Planning Commission- on the proposed rezoning. As explained by Mr. Tooker, this is a proposal to change the zoning, on Map A which -is that area between Oak and the west- side of ,Noel :just northerly of the. east-west alignment .of Live -'Oak. The first area on either side of Noel- is to be rezoned from R-3 to R-2 to be consistent • with ,the General Plan. , The area on either side of Encinita and on' the east and west side . of Alessandro is also proposed ,to be changed from R-3 to R-2. Mr. tooker also mentioned ' that ; during ,the Planning . c.ommission meeting 'of July 28, the area Just south of Lyledale on Sultana was discussed. The General Plan was not 'meant to show -that , area., as Medium Density, Residential but should be .shown. :as High, Density� Re' sidential. Therefore, , a minor'modification to .the General Plan, Land Use Bound- ary was appropriate to show existing land use. Councilman Swain moved to include the ,Minutes and mate- r:i-ais from tthe Planning' commission as .part of the record of Council's public hearing concerning this matter. Mayor Pro Tem - Froehle declared- the public hearing open and invited anyone- wishing to address ,the City Council on 'the matter to come forward at this time. Eleanor Kreebl6, 5803 Encinita Avenue, stated she was • protesting the down 'zon2., She stated her -. side of Encinitas,. is fully... developed .. under' R-3 except her lot and she hopes "to build on her property. Mr. Tooker indicated that with an R-2 zoning Mrs. Kreeble . could- build-5 units on the property. Council Minutes, September 1, 1987 = Page 6 , Ruth Worthy, 100 'West Way; Arcadia advised that as the area surrounding her property is developed with 'four-and seven-unit structures, she and four others have dis- cussed ,.taking is-cussed .taking five pieces of property, clearing . it- and building condominiums on the property. ' She' also wanted to know if the City planned to compensate residents for the down-zoning. - Mayor Pro Tem Froehle , requested', the records to -indicate that at the last Planning. Commission meeting : there was public testimony indicating " that the -resident desired the area to remain designated medium density.. Allen Chipp, 5819 Alessandro Avenue, ,stated .he and his partner were in the process of building a small condo when the. City ' changed the zone in 1982 which precluded - - the completion : of . Mr. . "Chipp Is plans for a condo and, caused him some financial loss. He is again facing another down-zoning on his property making it , even less useful. Therefore, ' Mr. Chipp was in opposition to the proposed down-zoning. Jim Bortolotti ,9011 E. Youngdale St.., ` stated he owns two. pieces of property at 5707 : and 5657. Noel one is a four-plex and 'the -other a three-plex.' Mr. Bortolotti: wanted to know if he would be allowed to replace a non-conforming structure on the property should it be . destroyed by an act of nature Also, he wanted to advise. the City Council that he opposed the down-zoning. Community .Development Director Dawson stated that there is currently a, Code Amendment going before the Planning ' 'Commission with a recommendation that -consideration be given to the rebuilding of 'any non-conforming building . or use' in the .event -the nori-conforming use is destroyed by fire, flood, etc. Assuming this "Code Amendment is approved and becomes a part of the .ordinance; the answer to Mr. Bortolotti 's question is "yes" . Councilman Dennis requested that the map, that designates the number of. units per lot ' be verified as to ,correct density since there were a, few; ,discrepancies as to the number � of units and the actual. 'density. Klaas Meijer, 5823 Alessandro Avenue, . stated he does not, • have any units on his property .but,. in . his opinion, a down-zoning would cost him money . whether he and his. wife decide to ' build on it 'or, to sell. He, therefore, was p-rotesting the :down-zoning Tommy Leslie, 5816 'N.- Alessandro:Avenue,, stated that his property doesn't have any buildings on ,it,,' but wanted to know why this area needed , to be down-zoned. ,. Mayor- Pro Tem Froehle recapped the -entire -process of public hearings. and the feedback the' -Counc i'l received over the ,past year indicating that the people of Temple City did not want-'high density but "instead would,- like a. medium density. The reason for the .public hearings was that it was time to update the General Plan. Addition- ally, the actual rezoning is to bring the _ zoning in compliance with the General Plan. Ken Palmer, 5818.•N,. Kauffman, stated that he had been in attendance at ,all. meet.ings,' and 'At was his understanding . that the majority of the-' 'people .who spoke and wanted "lower density were people who did not live in this zone. 'Mr. Palmer was against the , down",zoning. Walter Jackson, 5704 •Noe1 - Drive, inquired as to whether a decision -would be" "made regarding the_ Code Amendment for non-conforming property.. Council Minutes, September 1, 1987, - Page 7 Mayor Pro Tem . Froehle indicated that a decision could, not be made this 'evenin.g due to� 'the fact that the amend- ment has not been drafted in its entirety. This concluded the public testimony with reference . to Map A. Councilman Dennis stated he - felt he did not have enough information to make a decision. He also indicated that it was his opinion that the cost and sale of property does not affect the. decision as to what is_.best for the property, itself. However, he does not want to make a decision until the• actual density is known. Councilman Swain . indicated she also felt she did not have . sufficient information at this time to vote, on the matter. and would like, to continue it to the next meet- ing. Councilman Atkins concurred with Councilmen Swain ' and Dennis that there are questions that need to be ad- dressed 'before a decision can' be made. Mayor,-Pro. Tem Froehle concurred. , Councilman Dennis moved to to continue the matter on Map A to a future meeting of the City Council, seconded by Councilman Atkins and unanimously carried. Mr. Tooker stated that. Map B was that area which 'lies east of., Cl,overly, north of Live' Oak,. west of Golden West and south of Las Tunas. , The Planning Commission recommended that both sides of Primrose be changed from R73 to R-2; on each side : of Temple City - Boulevard changed from R-4 to R-3; and on either side of Camellia and Kauffman it was the- Planning Commission's suggestion that instead of R-3 to R-1, as proposed by staff, it should be changed- from. R-3 -to- R-2 and. then amend the General Plan ' to show the area as medium density rather than .low density. James L. Day, 5703 Golden West, property owner of 5813 Kauffman, stated that he had personally circulated a petition which states. the homeowners and residents would like to maintain their R-3 zoning instead of being down-zoned to R-1 as :that is -the information received from the' City in- the public hearing notice. -R'-2 was not suggested in the letter and, therefore, those signing the petition mentioned nothing about their feeling toward being down-zoned to R-2. Mr. Day stated that he would rather maintain -the R-3- zoning for his property and would like to see the .Citya- allow the rebuilding of non-conforming units. Lorene Hjertstedt, 5802 Kauffman,. currently has 3 units on her :, property. She. indicated that she is a real estate agent and that the down-zoning would decrease the value - of her property, Additionally, the concern with regard to the term "Legal Non-Conforming" has a red flag to realtors, potential buyers and assessors. Clifford Glidden, 5809 Primrose Ave, stated that he was in agreement with Lorene Hjertstedt and would like to see his property remained zoned R-3. Elwood R. Nields, 5821 Camellia, stated that he has only one unit - set far back on -the property -and he was plan- ning to build a -home for himself to live in on the front of the property. .If his property iso rezoned- from R-3 to R-1 he will be unable to build. the additional structure. Mr. Nields advised that he felt a zone change to R-2 would, however, ' be satisfactory. Council Minutes, September 1, 1987 - Page 8 Councilman Swain asked 'Mr. Nields if he felt the density map was accurate. Mr. Nields responded that, to the best of his knowledge, it was .Lloyd Ranaburger, 5822 Camellia, would like to see the rezoning action- remain R-3 to, -R=1 but.• •could live with R-2 zone. James W.- Brown, 5837-5839 Kauffman, stated he has •owned these two lots for about twelve years'. ' -He, wished to express his concern regarding "the R-'3 to . R-1• due to the fact he has two units on each lot and,, should he lose these .units due to a fire, he could not replace what is °currently there. 'Additionally, should he choose to sell his property, it would be referred to as •"legal non-con- forming" and, therefore, would be more difficult to sell. Mr. Brown would prefer the R-3 zoning. Stella Vitrone, 5817 Kauffman, stated she purchased her property about : a .year -ago and paid premium price for it due to the R-3 zoning. She would like to enter her protest against R-1 -zoning and is not-. convinced about the R-2 recommendation. Robert" Huson, 5812• Camellia, " "stated •he' "would like to see it zoned R-1, and• there are some who do want it R-1: George Strobehn 5826 - Camellia, stated', if it was zoned to R-1 he would have a rental that was not legal and therefore was in favor of R-3: Kenneth Palmer, - °5818 N. Kauffman, commented that the properties shown on the east side of ' Kauffman -were inaccurate .as- to the number of units on Ithe property. Joe Longabari, 5822 N.' Kauffman, stated his property is ideally ,, suited R-3 as it faces the parking lot and has an alley in the back for access and was opposed to down zoning. Ron Alt, 58.12" Kauffman, stated he would' like the pro— perty to be zoned R-3 . - Linda Dietz, 5808 Kauffman, stated the lot is presently vacant but would like the area .to be R-3 for development purposes. Richard Neoli, 5835 Primrose, had attended the Planning Commission meeting in. July. and was surprised that the Commission recommended the down-zoning to the City Council because of all the opposition expressed against it at that meeting. He was in favor -of -retaining R-3 . Mary Kokayko, 6149 Camellia,, stated she was of the opinion that the General Plan, amendment was originated because of all- the opposition to high density,. The majority of residents attending the public hearings have expressed their preference for retaining R-1 zoning and . she was opposed . to R-3. As there- was no one else desire to speak, Councilman ,Atkins moved 'to close public hearing seconded by Coun- cilman_ Swain and unanimously carried.. Councilman Swain stated although her '' feelings were divided, Council did have a -duty •to the _people who live in the designated area as well as to , the City as a whole. During- the: past year of ,public .hear'ings, we have heard many times the oppositionto high density. She is not in favor of R-3 but .felt R-2 was more applicable -to the proposed area. Council Minutes, September 1, 1987 - Page 9 Councilman-Dennis concurred with " Councilman Swain that R-3 would allow too high of a density in a small area • an'd. that the R-2 would seem a logical compromise because of ,the proximity to the; downtown area. 'Councilman Atkins .felt the concern expressed of combin- ing lots which -would allow 25 unit , condominiums was warranted and that the rezoning of R-3. to -R-2 is a reasonable compromise and gives. flexibility to the owners to allow some development. Councilman Froeh,le . also felt R-2 . was the appropriate zoning. When the. -R-3 property owners comply with the setback requirements on a single lot, they` are building to R-2, specifications. What we are protecting against is a , developer buying up lots and developing a very large complex. Councilman, Atkins moved to approve the, proposed Zone Change 87-851, Map B, • as presented by the Planning Commission and -that the areas on the east and west side of - Camellia . and , Kauffman be changed from R-3.' to R-2, seconded by Council-man Dennis, and unanimously carried. —City Attorney . Martin introduced . for first reading by title only Ordinance No. 87-613, AN ORDINANCE OF THE CITY COUNCIL .OF THE. CITY' OF TEMPLE CITY APPROVING ZONE CHANGE 87-851, MAP B. . Councilman Swain moved to wai.ve further reading, sec- ondedby Councilman Atkins and unanimously carried. Councilman. Atkins moved to refer Map B of. Zone Change 87-851 back to the Planning Commission for an amendment to the General Plan designating the Zoning be changed from R-3 to R-2, seconded by Councilman Dennis and unanimously carried: B. PUBLIC HEARING: REQUEST FOR APPROVAL OF TENTATIVE TRACT MAP; 44468 AND.. CONDITIONAL . USE PERMIT 86-800 TO ALLOW _ FIVE RESIDENTIAL CONDOMINIUMS AT 9619-27 WOODRUFF AVENUE: (APPLICANT - JEFF JALALAT) City Manager' Koski. provided background• in stating the. Planning, Commission on June 23, 1987, ap= proved the subject Conditional Use Permit and. Tentative' Tract subject. to all of the conditions ,_in Resolution 87-1336'PC. _ .' 'Since the Commission action, the- applicant has „ made, -architectural changes to the ' building eleva- tions- and structural changes that would improve the project if implemented. With the revision in building elevation, and structural changes, Staff is recommending a further condition that additional architectural treat- ment be applied.- to the exterior walls facing - Woodruff Avenue”. Councilman.. Swain moved to include the Minutes • and mate- rials from the Planning Commission as part of the record of Council's public hearing, seconded by Council - man Dennis and unanimously carried. Mayor Pro Tem, Froehle declared the public hearing open and invited anyone wishing to speak to come forward. As there-was no one desiring to speak, Councilman Dennis • moved to close the public hearing, seconded by. Council- man Atkins and unanimously carried. Council Minutes, September. 1, 19,87 - Page 1.0 Councilmembers all concurred that, the, project .presented no problem; the five units" that ,.are being built (when 10 units were allowed) was a reasonable use of the.density of the property and the. upgrading of the exterior elevations would 'be a nice project-. Councilman Atkins moved to approve the- Negative Declara- tion;, approve- .Conditional Use Permit' 86-800 and Tenta- tive Tract Map- 44468 subject t'o' all conditions contained in . Planning Commission-, Resolution 86-1336PC . along with condition No. 31 requiringadditional architectural treatment to the exterior walls facing Woodruff, sec- onded by- Councilman Swain and- unanimously .carried. C. PUBLIC. HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE, 87-856. AT 9207-11 WEDGEWOOD: . (Appellant - Cal Magro) City Manager Koski 'provided background information stating on. July 7, 1987, the City Council denied the applicant's request to 'subdivide two existing lots into " `three separate lots., with less than standard lot widths and .lot areas. The applicant was- -advised to provide three alternatives, with one of the alternatives being a three-lot subdivision where no . variances would be re- quired. The applicant has submitted three° alternatives, two of which would require- a variance. The Planning Commission- denied the variance in .-that they felt there . was the opportunity to take the two lots and divide them. into three. legally..conforming parcels..- - Councilman arcels..- Councilman Dennis declared that he would abstain from voting , on this issue based on his discussions with the . applicant. Councilman Atkins moved to include the minutes and materials from the Planning Commission ' as part of the record of Council's public hearing . 'concerning this matter. Mayor Pro Tem Froehle: declared the public hearing open , and invited anyone wishing to speak. t& come forward. Cal Magro, 9207 Wedgewood, expressed his appreciation to Council and staff for the. time they have taken for these • hearings. - In the four public ' heari,ng_s on the various plans, none of his neighbors have voiced objection to the project. He has tried to come` up . with plans that were aesthetically pleasing to the neighborhood which he felt was more important than adhering rigidly to the code City Council, staff and Mr. Magro - discussed to some degree, the various plans-', presented, ' lot sizes, and variances required. Louis Merritt, 5418 Cloverly, stated- he does not live in , the area of the subject project but expressed_ 'his opin- ion that this was a good project and did not see a problem with it. As there was no one else desiring to speak, Councilman. .. .Swain moved to close public hearing seconded by Council- man Atkins- and ' unanimously carried. Councilman Dennis - stated he did not think it was the • intent 'of the General Plan review to' get into the single family neighborhoods for density purposes. The appellant has made a reasonable attempt to try, to do something with difficult property that would conform with the neighborhood.' . Council Minutes, 'September. 1, 1987 - Page - 11 Councilman Swain concurred with Councilman Dennis and stated further that Council directed Mr. Magro to go back and work with staff to see what changes would be made and to come up with as viable a .plan as possible and to be as close to conforming as possible. It has, been pointed out that he could make three conforming lots but they would not be as usable. Councilman Atkins stated the applicant had ' not met the Burden of Proof on any of the four factors required in Section 9200 et seq. - of the Zoning Code and therefore would not be in favor of granting a variance. Mayor Pro Tem Froehle stated that our Zoning Code does state lots should have a minimum lot width of 60 feet and a minimum lot area of 7,200 square feet. The appli- cant's development can be constructed conforming to standard lots. Councilman Atkins moved to deny the appeal in that granting of the zone variance, was . not .justifiable in terms of the -.required findings as contained in the Zoning- Code, seconded by Councilman Froehle and carried on a roll call vote: ROLL CALL: , Ayes: Councilman-Atkins, Froehle Noes: Councilman-Swain Abstain: Councilman-Dennis ' D: PUBLIC HEARING: CONDITIONAL USE: PERMIT 86-797 - APPEAL OF , PLANNING COMMISSION ACTION ON A ' 41-UNIT MOTEL AT 5318-22-28 ROSEMEAD BOULEVARD (APPELLANT - CHUAN I . & SUN-AI, SHIU YEH) City Manager Koski presented background information stating on. December . 16, 1986, the City' Council approved a Conditional Use Permit for a- 22-unit motel . Subse- quently, the applicant has acquired a third parcel of land and submitted a Modification. Application to allow 41 guest rooms and a ,Manager's unit at the subject site. The applicant .is requesting that some of the units be permitted to have kitchen facilities. Staff memo pro- vided Council with the kinds of problems that have been •` encountered in .neighboring communities with kitchenettes and extended living :and motel.' type residential units. The concern . with kitchenettes in the motel is the code enforcement problem if the owner wished to provide extended housing opportunity. In the original applica- tion we had required that each =motel unit shall not be occupied or registered by a person or, persons for a period of more than 21 calendar days in any 90 day calendar period. That is also a difficult code enforcment provision. City Attorney Martin stated the rule is. that., if there is an appeal, it is an appeal on,.- all issues. Therefore, the matter. is before Council on all issues. Councilman Dennis 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. Mayor Pro Tem - Froehle declared .the public hearing open and invited any wishing to speak .to come forward. Council Minutes, 'September 1, 1987 - Page 12' Jack Wood, 200 Pier Avenue, Hermosa Beach, representing the applicants, -stated the applicants have made a dill- gent effort to conform to the request and requirements • of the City. 'The kitchenette i.s the marketing plan of the 801s. It would also seem to be- in the City's best- interest estinterest to allow kitchenetts which would provide addi- tional revenue 'to the City. The City has sufficient control` by monitoring the business license and, collect the taxes and enforce the 54 provisions. Jesus Marino, III, 9041 E. Olive, expressed concern that the motel has -'generated a lot :of fear that the motel, will become an apartment building such as the Palms renting weekly or monthly 'to' a number of illegal aliens in- the area who move in and use our resources and schools. The complexes -on Rosemead are used by more than one family in a unit." Dee Marino, 9041 Olive, stated she works for school district 'and the district does have a lot of problems . with illegal 'aliens. As there was no one else desiring to speak, -Councilman Atkins moved to close public hearing.. seconded by Coun- cilman Swain and unanimously ' carried. Councilman Atkins stated he'- does not like". the project and definitely was not in favor' of, kitchenettes other than in the manager's office. Councilman Dennis expressed concern regarding enforce- ment of 'Condition No. 13 as. it is presently written with reference to the period of time a person stays in the motel and would like the wording changed. He would not oppose a few units with kitchenettes. Councilman' Swain stated that kitchen facilities at this motel may attract seasonal workers at Santa _Anita Race Tract ' to use the motel as a residence, but she was in favor of a kitchen in the manager's unit. ' Mayor Pro Tem Froehle stated the complex being on a State highway , is conducive to transient trade. Lf kitchenettes were allowed, it would exceed the density allowance ' -for the area. As the motel gets older, : it • would - tend to be used as a residence by those unable to afford an apartment and therefore was opposed to allow- ing - kitchenettes.' City Attorney Martin stated the difficulty in enforce- ment is the inability to recognize changes in personnel . Councilman Swain moved to . certify the .focused EIR and addendum and confirm the Planning Commission approval of the project without .-cooking/kitchen facilities and modification of Condition No. `13 . to read: "That no person or persons, except the manager, shall occupy any portion 'of the motel for a period of more ' than twenty- one calendar days in any ninety day period" , seconded by Councilman Atkins and unanimously carried. 8 . COMMUNICATIONS: 'None. 9 . ' TIME' FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: • Lou Merritt, 5418 Clover.ly, stated it appeared to him that Council was creating a 'tremendous amount of non-conforming uses after just having adopted a new. General Plan. Also, -it is not always clear to the audience the specific action Council has. taken.