HomeMy Public PortalAboutCity Council_Minutes_1987-09-07_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
SEPTEMBER 1,1987
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on August 28, 1987, Mayor Pro
Tem Froehle 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 City Manager Koski.
3. The Pledge of Allegiance to the Flag was led by Mayor Pro -
Tem Froehle
4. L CALL:
Present: Councilmen- Atkins, Dennis, Froehle, Swain
Absent: Mayor Gillanders
Also Present: City Manager Koski, City Attorney Martin,
Community Development Director Dawson, Parks
and Recreation Director Kobett, Public Works
Coordinator Peterson and a representative of
the T.C. 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 Vic Kobett with a 25 -year 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 community for the opportunity to serve them.
5. CONSENT CALENDAR:
Councilman Dennis requested items A, I, and J, 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-
mended, 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.
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Council Minutes, September 1, 1987 - Page 2
E. RESOLUTION NO 87 -2732: ACKNOWLEDGING RECEIPT AND FILING
OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR
1987 -88 -
City Council adopted Resolution No. 87 -2732, A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ACKNOWLEDGING RECEIPT AND FILING OF ANNUAL STATEMENT OF
INVESTMENT POLICY FOR THE YEAR 1987 -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 the 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 SCOUT ASSOCIATION
City Council approved the request of the Temple City
Girl Scout Association for use of the Multi - Purpose
Room at Live Oak Park on September 21 from 7:00
-9:00 p.m. to conduct registration for 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
City Council adopted Resolution No. 87 -2733 approving
the appointment of budgeted personnel.
M. RESOLUTION NO. 87 -2734: APPROVAL OF PAYMENT OF BILLS
City Council adopted Resolution No.87 -2734 approving
claims and demands in the amount of $344,791.23.
A. APPROVAL OF MINUTES - 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 400 square feet rather than 4,000
square feet.
Councilman Atkins moved to approve the Minutes of August
18, 1987 as corrected, seconded by Councilman Dennis and
carried with Councilmen Swain and Froehle abstaining.
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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 the City had 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
between 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 Greenwood 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 could 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.
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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 may be fully aware
of all references 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,
1987; and instructed the City Treasurer to endorse the
Map, seconded by 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 unanimously 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 (ZONE 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 approximately 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. In addition, 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-
tised.
15 gO7
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
properties 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 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
87 -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. Koski 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 commission
meeting of July 25, 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 Residential. 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-
rials 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 address the City Council
on the matter to come forward at this time.
Eleanor Kreeble, 5803 Encinita Avenue, stated she was
protesting the down zoning from R -3 to R -2. 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.
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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 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's 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 non- 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 protesting 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 Council 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 meetings, and it 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 Noel 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 evening 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 Cloverly, 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
R -3 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 City 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 is 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.
15 504.
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 pride 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 the 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, 5812 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 hearings, we have
heard many times the opposition to high density. She is
not in favor of R -3 but felt R -2 was more applicable to
the proposed area.
1 -fir.,
tJ 6J t.
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
and 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 Froehle 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 Councilman 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 waive further reading, sec-
onded by 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 information
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- 1336PC. 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.
15 502
council Minutes, September 1, 1987 - Page 10
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 to all conditions contained
in Planning Commission Resolution 86- 1336PC along with
condition No. 31 requiring additional 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 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 to 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 hearings 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.
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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 anyone wishing to speak to come forward.
5 00
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Council Minutes, September 1, 1987 - Page 12
Jack Wood, 200 Pier Avenue, Hermosa Beach, representing
the applicants, stated the applicants have made a dili-
gent effort to conform to the request and requirements
of the City. The kitchenette is the marketing plan of
the 80's. It would also seem to be in the City's best
interest 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. If
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 Cloverly, 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.
9.9
Council Minutes, September 1, 1987 - Page 13
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 18, 1987, meeting; awarded a contract to American
House Moving, Inc. in the sum of $3,500 for removal of the
house at 8902 Elm Avenue; approved proposed building altera-
tion and signage at 5526 Rosemead; continued the matter of
proposed signage for Sizzler Shopping Center; and adopted a
resolution approving payment of bills. 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. "WeTIP" PROGRAM
Mayor Pro Tem Froehle requested this item be continued
to the September 15, 1987, meeting. Councilmembers
concurred.
B. ACQUISITION OF PROPERTY AT 9167 LA ROSA DRIVE
City Manager Koski presented background information
stating purchase of the subject property would provide
the City with suitable vehicle parking, outdoor storage,
and would allow for present and future City activities.
The property is adjacent to other M -1 property giving
more flexibility to storage needs.
Councilman Dennis stated there are a number of uses that
could be utilized by this property such as a beverage
container recycling center which may be required by the
legislature; but was concerned regarding the costs of
enclosing the rear building with reference to the con-
tamination in the tanks.
City Manager Koski stated the costs would be absorbed by
Mr. Otting.
Councilman Swain stated Community Disposal had allowed
the City to store the Camellia Festival floats and
grandstand; and with the sale of Community Disposal to
other owners, we would have to find a place to store
those items.
Councilman Dennis moved to authorize staff to proceed
with negotiations for the proposed purchase of property
at 9167 La Rosa, seconded by Councilman Swain and unani-
mously carried.
C. FIRE ASSESSMENT DISTRICT
Councilman Dennis requested staff to contact various
cities served by the County Fire Protection District
with the attempt in determining the reasons for opposi-
tion to the proposed revenue raising methods that have
been suggested. Councilman Dennis would like to have a
better understanding of why these cities are in opposi-
tion or to have information to substantiate their nega-
tive position.
E 498
Council Minutes, September 1, 1987 - Page 14
D. TEMPLE CITY HISTORICAL SOCIETY LOGO
Councilman Swain presented the logo adopted by the
Historical Society and felt Council should offer assis-
tance to provide them with their letterhead as the City
has done with similar local groups. Councilman Swain
further requested pins with their new logo be made and
presented to them at their installation of officer's on
October 22. The Historical Society would like to have
information anyone may have of places and events in the
history of Temple City
12. ADJOURNMENT:
On motion by Councilman Atkins, seconded by Councilman
Swain, the meeting of the City Council adjourned at 11:30
- p.m. The next regular meeting will be held on Tuesday,
September 15, 1987.
ATTEST:
Chief Dep•ty City C
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