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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. 15 510 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. I r 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. 15 508 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. 506 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. 1 5 5,01 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 s. a� 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 9N ,