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.