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HomeMy Public PortalAboutCity Council_Minutes_1987-08-18_Regular 1987CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 18, 1987 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on August 14, 1987, Mayor Gillanders called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, August 18, 1987. 2. The invocation was given by Reverend David Brinkley of the Church of Christ, 5272 North Sereno Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Gil - landers. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Dennis, Gillanders Councilmen - Froehle, Swain City Manager Koski, City Attorney Martin, Community Development Director Dawson, Parks and Recreation' Director Kobett and Julie Estrada of the Temple City Times Councilman Atkins moved to excuse Councilmen Froehle and Swain with cause, seconded by Councilman Dennis and unani- mously carried. PROCLAMATION: Mayor Gillanders presented a proclamation proclaiming September 17, 1987 as "United States Constitu- tion Day in Temple City" to Florine Thompson, acting presi- dent of the Temple City Historical Society and first vice president of the Woman's Club of Temple City. Two "origi- nal" proclamations were signed by Mayor Gillanders with one proclamation going to the Woman's Club and the other to the Historical Society. Mrs. Thompson introduced Mrs. LaVerne Ostrander, president of the Woman's Club of Temple City. 5. CONSENT CALENDAR: Councilman Atkins moved to approve the Consent Calendar as recommended, seconded by Councilman Dennis and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of August 4, 1987 Approved as written. B. RENEWAL OF STUDENT AND THE LAW AGREEMENTS RE: TEMPLE CITY UNIFIED SCHOOL DISTRICT (OAK AVENUE INTERMEDIATE SCHOOL),, EL MONTE ELEMENTARY SCHOOL DISTRICT (CLEMENSON SCHOOL), FIRST LUTHERAN AND ST. LUKE'S SCHOOLS City Council approved renewal of the Student and the Law Agreements with the subject schools and the Sheriff's Department. 15 496 Council Minutes, August 18, 1987 - Page 2 C. ACCEPTANCE OF BID - REPAINTING OF PAVEMENT MARKINGS AND STRIPING - SCHOOL SYSTEM STREETS AND MAINTENANCE AREAS 4, 5 AND 6 City Council accepted the low bid from Safety Striping Service in the amount of $25,024 for the annual repaint- ing of pavement markings and striping; and authorized the Mayor and City Clerk to sign the agreement. D. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF AUGUST 11, 1987 City Council received and filed the memo outlining action taken by the Planning Commission at their August 11 meeting. E. CLAIM FOR DAMAGES - CYNTHIA WILSON Council denied the claim of Cynthia Wilson and referred it to the Southern California Joint Powers Insurance Authority. F. RESOLUTION NO. 87 -2730: APPROVAL OF PAYMENT OF BILLS Council adopted Resolution No. 87 -2730 approving the payment of bills. 6. UNFINISHED BUSINESS: A. APPEAL: KING AND KATHERINE HUANG - REQUEST FOR EXEMP- TION FROM THE ADOPTED GENERAL PLAN TO PERMIT DEVELOPMENT AT A DENSITY OF 36 DWELLING UNITS PER ACRE RATHER THAN THE MAXIMUM LIMIT CURRENTLY PERMITTED OF 24 DWELLING UNITS PER ACRE (Continued from August 4 meeting) City Manager Koski provided background information stating that the applicant has requested that his pro- posed 20 -unit apartment complex be exempted from the density limitations of the recently adopted General Plan. The applicant lists at least three bases for his position: (1) equitable estoppel; (2) promissory estop- pel; and (3) a claim for a taking under First Lutheran. Staff has denied making any promises to applicant or that misleading statements were made. The property owner was aware of the building moratorium, met with City staff and attended Planning Commission and City Council meetings relative to the General Plan revision. Being aware of the moratorium, the property owner was also assumed to be aware of the fact that changes were imminent and that no guarantees existed in terms of permissible density. Due to staff's concern relative to the potential environmental impacts of the project, an EIR was required. Projects with no anticipated signifi- cant adverse impact would receive a Negative Declaration rather than an Environmental Impact Report. Several properties within the City were re- designated in terms of permissible land use and they are likewise affected. To grant Mr. Huang an exemption from the adopted General Plan would be unfair and inequitable to the other simi- larly affected property owners and project applicants. King Huang, 1590 East California Boulevard, Pasadena, stated that he is appealing the Planning Commission's denial for an exemption from the adopted General Plan for two main reasons. First, his proposed project was in the process of receiving approval when the moratorium on building went into effect. Secondly, the delay brought about by the moratorium and the change in the General Plan has brought great financial loss. Mr. 95 Council Minutes, August 18, 1987 - Page 3 Huang stated that he at no time was discouraged to abandon or advised to change his proposed project in the intervening time during which he expended money for architect fees and the EIR cost. In addition, potential income has been lost due to the length of the morato- rium, and architect fees will again have to be paid for a new design. Mr. Huang also stated that the density and design of his plan was never in question. He also took exception to the staff statement that no EIR would have been requested had they not anticipated any sig- nificant adverse impact by the project as Mr. Huang said that former Planning Director Shaw told him that any apartment project regardless of location requires an EIR. It was Mr. Huang's feeling that the change in Planning personnel has added to the misunderstanding of his proposed project as he felt that the former Planning Director found nothing wrong with the project. John S. Peterson, Boller, Suttner & Peterson, 50 North First Avenue, Arcadia, stated that the Huang's advised the City that they were interested in building a 20 -unit apartment building and were told that this type of development would be very welcome in the City. At the time the building moratorium was imposed, the Huang's plan had already been submitted for preliminary plan check, which meant that they were already irreversibly committed to the project. Because the Huang's did not get correct answers to their inquiries, the property they purchased is worth substantially less than they had anticipated. Also, no Planning staff presently on staff was present at the early discussions regarding the plan to verify what actually had been discussed and what had not. At the time of the moratorium, there were four projects, one of which was the Huang project, which had an adverse impact on density. The total unit differen- tial with respect to these projects was 16 units, 7 units of which was in the Huang project. The General Plan revision and zoning changes probably would not constitute a compensable taking under First Lutheran, however, the moratorium would. The damage incurred by the "taking" would be the capitalized loss of seven units over the useful life of the building; and the Planning staff was advised previously that this loss would be substantial. The moratorium substantially diminished the Huang's use of the property. Should the Council allow Mr. Huang to build a 19 -unit apartment, it would be an impact of six units over and above the existing use requirements, and is located on a major thoroughfare, Rosemead Boulevard. Councilman Dennis inquired of Mr. Huang if during the time of the moratorium he had received any approvals on his project from either the Planning Commission or the City Council. Mr. Huang responded that he had not since he was working on getting the Environmental Impact Report. City Manager Koski referred to the letter dated July 11, 1986 from former Planning Director Shaw wherein he states that the primary issues related to the Huang project are noise, density, traffic and the availability of utilities and governmental services. Regarding the change in staff in the Planning Department to which both Mr. Huang and Mr. Peterson referred, the only change was that of the Planning Director and this change should not have much of an impact on the present issues of the project. 5•: A QA Council Minutes, August 18, 1987 - Page 4 City Attorney Martin suggested that a temporary mora- toria for purposes of planning do not constitute a taking, particularly when there are other uses available in the interim. It would have to be litigated as with any major change in case law by the Supreme Court; it takes the lower court several years to work out what the actual interpretation of the Supreme Court decision will be. On issues of estoppel, either equitable or promis- sory, although valid issues were raised, if the facts recited by the staff report are correct, there would not be any estoppel present. Councilman Atkins stated that, after reading all the written material and hearing the testimony this evening, it was his opinion that Mr. Huang came to Temple City as a real estate investor, knowing that there were certain risks involved with his investment; and it appears that Mr. Huang proceeded of his own volition with the plans for and expenditure on his development knowing the moratorium was in effect and having some idea that there would more than likely be a reduction in density. His rights have not been denied any more than any other property owner in the same position. Councilman Atkins supported the position of the Planning Commission in denying Mr. Huang's request for exemption from the adopted General Plan. Councilman Dennis, although sympathizing with the posi- tion that Mr. Huang finds himself in, to grant the exemption to the General Plan would be defeating the purpose of the provisions of the General Plan and sees no justification in granting the appeal. Mayor Gillanders concurred with Councilmen Atkins and Dennis. Councilman Atkins moved to deny the appeal to the deci- sion of the Planning Commission to grant an exemption from the adopted General Plan on the proposed develop- ment of 6126 - 38 Rosemead Boulevard based on the grounds stated in the Planning Commission decision and on reasons given this evening by City Councilmembers, seconded by Councilman Dennis and unanimously carried. B. ORDINANCE NO. 87- 611(2ND READING) CHANGE IN ZONING FOR THE AREA IN TEMPLE CITY GENERALLY LOCATED EAST OF THE ARCADIA WASH NORTH OF LOWER AZUSA AND SOUTH OF LIVE OAK (ZONE CHANGE 87 -841) City Manager Koski stated that all the area proposed and noticed for rezoning was approved by the City Council on August 4, 1987 with the exception of two parcels located on the southwest corner of McCulloch and Live Oak, which was rezoned R -3 from R -4. Ordinance No. 87 -811 approv- ing Zone Change 87 -841 was introduced for first reading by title only. City Attorney Martin introduced for second reading by title only Ordinance No. 87 -611. Councilman Atkins moved to waive further reading and adopt Ordinance No. 87 -611, AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -841, seconded by Councilman Dennis and unanimously carried. Council Minutes, August 18, 1987 - Page 5 7. NEW BUSINESS: A. PUBLIC HEARING: ZONE CHANGE 87 -842 PROPOSED CHANGES IN ZONING FOR THE AREA OF TEMPLE CITY GENERALLY LOCATED ALONG THE NORTH SIDE OF LOWER AZUSA ROAD BETWEEN GOLDEN WEST AND GLICKMAN AND ON EACH SIDE OF BALDWIN NORTH TO GREEN STREET City Manager Koski stated that the Planning Commission approved the zone changes as advertised except for four parcels on the east side of Willmonte Avenue. The consensus of the Commission was that these lots should be low density residential rather than medium density as designated by the General Plan. These lots are pres- ently zoned R -1 and the Commission recommends no change. The parcels are improved with single - family residential uses. Should City Council concur with the recommenda- tion of the Planning Commission, staff will re- examine these lots and process a General Plan amendment at a future date in order to achieve consistency. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. He requested that the area located on the north side of Lower Azusa Road between Golden West and Glickman be discussed first. Tricia Bogle, 5127 Golden West Avenue, stated that on March 26, 1985 the people of Temple City voted that the property on the northeast corner of Lower Azusa Road and Golden West Avenue was to retain the R -1 zoning and the City Council this evening is considering changing the zoning to R -2. Mrs. Bogle is not in favor of the change and feels the will of the people should be carried out by the members of the City Council. Councilman Atkins stated that it was his opinion that changing the zoning to R -2 as the density would not be increased to the degree that it would impact the neigh- bors appreciably and would be in favor of the R -2 desig- nation. Councilman Dennis concurred with Councilman Atkins. Mayor Gillanders had no objections to the zone designa- tion. Mayor Gillanders advised that he lives in the area of the proposed zone change from R -4 to C -2 on the north- west corner of Lower Azusa Road and Ryland Avenue and relayed that several neighbors are unhappy about the proposed development. The neighbors behind the proposed development are concerned about having a commercial development directly behind them and would prefer to have a residential development instead. Brent Bergh, 2130 Huntington Drive, South Pasadena, stated that an application for rezoning on the property at 10019 - 10047 Lower Azusa Road was filed in April of 1986. He advised that a commercial zone designation was requested as Lower Azusa has a traffic count of approxi- mately 30,000 cars per day and the south side of the street has mainly commercial usage. The owner of the property will use buffering and will agree to the City giving site plan approval in order to keep the residents of the neighborhood happy. Also, by having a commercial development, it would be contributing to the economic benefits of the community as well as aesthetic and envi- ronmental benefit to the neighborhood. A definite Council Minutes, August 18, 1987 - Page 6 development has not yet been determined by the owner, but entertains having a development of service busi- nesses and perhaps retail stores, especially if they are able to acquire the property presently operated by Winston Tires. Doss Sheen, 5612 Golden West Avenue, stated that he is very concerned about the direction in which the City is going. He commended the City Council for going ahead and down - zoning much of the City, giving the residents the type of community they want to live in. Mr. Sheen was in disagreement with the C -2 zoning recommended for the property previously discussed and urged the Council to concentrate C -2 zoning on Las Tunas Drive and Rose- mead Boulevard. To impact eight residential homes with a commercial development is not fair in Mr. Sheen's opinion and the City Council should not designate this property C -2. Councilman Atkins expressed concern regarding the impact on traffic if the property on the northwest corner of Lower Azusa Road and Ryland were designated a C -2 zone. Councilman Dennis stated that he feels that Lower Azusa Road deserves to have higher density than R -1, but did not feel that C -2 would be appropriate in that area and would prefer to see an R -2 designation. Mayor Gillanders said the noise from a commercial devel- opment for residents in the immediate area could be quite disturbing depending upon the type of'business being conducted at the location. Also, the trash bins will more than likely have to be stored at the rear of the commercial property and the noise of the bins being emptied by the trash pick -up trucks is very unpleasant and very loud. Mr. Bergh advised the Mayor that he has on file with the City a letter requesting that a decision regarding the rezoning of the property located at 10019 - 10047 Lower Azusa Road be deferred to a later date as the owner would like to present alternative uses for the property. Councilmembers agreed to continue this rezoning to the meeting of October 20 when there will be a full Council. Councilman Dennis moved to approve Part A of Zone Change 87 -842 with the exclusion of the parcels of land located at 4816 -32 Willmonte Avenue, which will remain R -1; and property located at 10019 -10047 Lower Azusa Road, which will be considered at a public hearing on October 20, seconded by Councilman Atkins and unanimously carried. Mayor Gillanders advised that testimony regarding the area located on both sides of Baldwin from the property on the north side of the Winston Tire location to Green Street and on property located north of the Jack -in- the -Box to La Rosa Drive would now be heard. Virgil Jacobson, 4922 Baldwin, stated he was addressing the area of Baldwin Avenue from Lower Azusa to Green and requested that the area remain R -1 rather than being changed to R -2 as he feels this zone designation would reduce the value of the properties. -- 5 4, 9 1 Council Minutes, August 18, 1987 - Page 7 Anna Weintree, 4902 North Baldwin Avenue, advised that her property is 256 feet deep and 86 feet wide with only one residence located on the lot. The properties in the immediate neighborhood have second homes on their lots, and Mrs. Weintree requested that the City Council con- sider zoning her property R -2 rather than R -1 in order that the Weintrees would be able to build a second structure on their property. Joann McLean, 4854 North Baldwin Avenue, stated that she has a second home which is about 400 square feet on her lot which was grandfathered in forty years ago. Mrs. McLean was in favor of an R -2 zoning for the area as she would like at some time in the future to rebuild the guest home and has assured her neighbors that it would be aesthetically acceptable. Nick Toveil, 5031 North Baldwin, asked the members of the Council if his property would depreciate if his neighbor built an apartment complex and he chose not to; and also wanted to know, if the City would were inter- ested in purchasing his home, would they pay the ap- praised value of the house or pay him less. Councilman Dennis advised Mr. Toveil that the Council is not qualified to give an answer to this type of question as .none are real estate appraisers; and in response to Mr. Toveil's second question, Councilman Dennis advised that the City would pay the market value of the home should they have any interest in purchasing it. Tricia Bogle, 5127 Golden West Avenue, said that it seems that everyone thinks in terms of one house being built behind the main house, but forget to think about the ramifications of several houses being removed and then a project being built right next door to you as in the case of the Owens project on Golden West which was zoned R -2. Doss Sheen, 5612 Golden West Avenue, said he was con- fused about the reasoning behind the change in zone from R -1 to R -2 if it was the desire of the City Council to lower the density and thereby keep consistency in the zoning. Mayor Gillanders advised Mr. Sheen that the General Plan must reflect as much as possible the land uses presently in existence and the vast majority of the properties in question have two or more structures on a lot. Joy Carrothers, 5503 Halifax Road, referred to the Willmonte properties and advised the Council that the property just south of it on Lower Azusa, known as the Batting Cage, is commercially zoned and, therefore, does not make good sense to have R -1 right next to commercial zoning. Anna Weintree, asked the Council if a request must be made of the City if a resident wishes to add on or build a new structure and, if there isn't adequate footage, a resident would not be allowed to build. Mrs. Weintree asked if an R -2 meant that two residences would be allowed,on the property. Mayor Gillanders advised Mrs. Weintree that one resi- dence per 3,600 square feet is the allowable code provi- sion. Council Minutes, August 18, 1987 - Page 8 E.J. Perrou, 5209 North Baldwin Avenue, said that he would hate to see any part of Baldwin Avenue changed. If density is increased in the area, traffic will be greatly impacted, and he feels that Baldwin Avenue during the time that the Santa Anita Race Track is open is already very badly congested. Betty Cassidy, 10021 La Rosa Drive, inquired as to how many dwellings were located on the property located at Green and Baldwin. Mayor Gillanders advised Ms. Cassidy that the map shows two dwelling units on the property. Mr. Perrou advised that he is familiar with the subject property and stated that the property had been sub- divided into three lots several years ago and has three separate dwelling units. Councilman Dennis asked Planning Consultant Mel Tooker why the zoning was proposed to change from R -1 to R -2 on Baldwin between La Rosa Drive and Green Street. Mr. Tooker explained that it was being done to make the zoning consistent with the General Plan, which desig- nates the area medium density. As no one else wished to address the City Council on Zone Change 87 -842, Councilman Atkins moved to close the public hearing, seconded by Councilman Dennis and unani- mously carried. As Councilmembers were interested in lot sizes on Bal- dwin between La Rosa and Green, Mayor Gillanders called a recess at 9:15 p.m. At 9:30 p.m. Mayor Gillanders reconvened the meeting. Councilman Atkins stated that if the overall density on the lots in question were computed, it may well point out that an error was made in going to an R -2 zoning by counting dwelling units. If a square -foot basis was to be used, it would probably come up with an R -1 density; and he would, therefore, recommend R -1 zoning rather than R -2 for the subject area. Councilman Dennis advised that he could not foresee the ability to develop Baldwin Avenue to medium density even though it is a heavily travelled street; and it was his opinion that the area should be kept to single family density. Mayor Gillanders stated that Baldwin is the gateway to Temple City and should be kept looking as attractive as it does now with single family homes. Having an R -2 zoning might well open the door to unwanted and undesir- able development. It was the Mayor's opinion that it would be in the best interest of the community to have Baldwin between Green and the north side of the commer- cial zone of Lower Azusa zoned R -1. Councilman Atkins moved to approve Part B of Zone Change 87 -842 with the exception of Baldwin Avenue between Green Street and the commercial zone at the intersection of Baldwin and Lower Azusa, which will remain R -1; and referred Zone Change 87 -842 to the Planning Commission to amend the General Plan for consistency, seconded by Councilman Dennis and unanimously carried. 5 4 8 9 Council Minutes, August 18, 1987 - Page 9 City Attorney Martin introduced for first reading by title only Ordinance No. 87 -612, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -842, as amended. Councilman Atkins moved to waive further reading, sec- onded by Councilman Dennis and unanimously carried. Mayor Gillanders explained to those in attendance that the zoning for the Baldwin Avenue area between Green Street and La Rosa Drive will remain zoned R -1 and the problem of development of large lots will be dealt with at a later date, once the General Plan has been adopted, by perhaps allowing a second residence on those lots which have adequate footage as it is the Council's intention to prevent over - building on Baldwin Avenue. 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Anna Weintree, 4902 North Baldwin Avenue, asked Mayor Gil - landers what was meant by "at a later date" because she was interested in building a second dwelling on her property. Mayor Gillanders advised that it would be some time later in the year, perhaps in January. Joann MacLean, 4854 North Baldwin Avenue, asked if, after the first of the year, she would be permitted to tear down and rebuild the second dwelling on her property if she had adequate footage to permit it. Councilman Atkins advised that any comment the Council would make at this time would be purely speculation and, there- fore, could not give Ms. MacLean an answer. Doss Sheen, 5612 Golden West Avenue, commended the City Council for the action they took this evening with respect to the zone changes. RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the August 4, 1987 meeting; approved staff recommendations regarding the qualifications from potential developers of the Block "A: Redevelopment Area; and adopted Resolution No. CRA 310: Warrants and Demands. The Minutes of the Agency are set forth in full in the Agency's records. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. LEAGUE OF CALIFORNIA CITIES CONFERENCE, OCTOBER 4 - 7, 1987, SAN FRANCISCO Councilman Atkins moved to approve the attendance of City Officials and authorized the conference expense; and designated Councilman Patrick Froehle as the voting delegate, with Councilman Swain and City Manager Koski serving as alternates, seconded by Councilman, Dennis and unanimously carried. 15 4 88 Council Minutes, August 18, 1987 - Page 10 B. CITY MANAGER VACATION REQUEST Councilman Dennis: moved to approve the vacation leave of the City Manager from September 3 - 25, 1987, seconded by Councilman Atkins and unanimously carried. C. PARKS & RECREATION ADMINISTRATORS INSTITUTE - NOVEMBER 8 - 13, 1987, ASILOMAR CONFERENCE GROUNDS Councilman Atkins moved to authorize the attendance of the Parks and Recreation Director at the Asilomar Con- ference November.8 - 13, 1987 and approve the necessary expenditures, seconded by Councilman Dennis and unani- mously carried. D. Councilman Atkins recommended that staff and City Attor- ney Martin review the City's Ordinances governing the requirements for rebuilding properties which were non- conforming and were destroyed by fire or Act of God. City Manager Koski recommended that the matter be placed on the next Planning Commission Agenda for re- view and recommendation to the City Council. E. Councilman Dennis recommended that the request from WeTip for $703.80 to make up the difference between the annual $500 donation from the City and the per capita cost of $.04 be placed on the next meeting of the City Council. F. Councilman Dennis reported that on August 15 he had attended the reception for the visiting baseball team from Japan. At the reception Councilman Dennis spoke with Mr. Ito, the team's representative, and Mr. Ito brought up the possibility of a sister city relation- ship with a city near Tokyo and will contact Temple City after he explores the possibility. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, the meeting of the City Council adjourned at 9:50 p.m. The next regular meeting will be held on Tuesday, September 1, 1987. ATTEST: r Chief De•uty City ' lerk 1 1