HomeMy Public PortalAboutCity Council_Minutes_1987-09-15_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
SEPTEMBER 15, 1987
INITIATION:
CALL TO ORDER:
Pursuant to the Agenda posted on September 11, 1987, Mayor
Gillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, September 15, 1987.
2 The invocation was given by Reverend Harvey Booher of the
First Southern Baptist Church, 4856 N. Golden West, Temple
City
3 The Pledge of Allegiance to the Flag was led by Mayor Gi-
llanders.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Atkins, Gillanders, Swain, Froehle
Councilmen- Dennis
City Attorney Martin, Community Development
Director Dawson, Parks and Recreation Direc-
tor Kobett, Public Works Coordinator
Peterson, Planning Consultant Tooker and
Julie Estrada of the Temple City Times
Councilman Atkins moved to excuse Councilman Dennis with
cause, seconded by Councilman Swain and unanimously car-
ried.
PRESENTATION:
Carol Ramlow of the Temple City office of the Automobile
Club of Southern California presented Mayor Gillanders and
the City of Temple City with the 1986 Award of Merit which
recognizes the City not only for the Pedestrian Safety Award
but also for the programs which have been implemented. Mayor
Gillanders expressed the appreciation of the Council to the
Auto Club of Southern California.
5. CONSENT CALENDAR:
Councilman Swain requested to remove item S.E. from the Con-
sent Calender. Councilman Froehle moved to approve the
remainder of the Consent Calender as recommended, seconded
by Councilman Atkins and unanimously carried.
A. APPROVAL OF MINUTES - Regular Meeting of September 1,
1987
Approved as written with Mayor Gillanders abstaining.
B. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF 9/2/87
(1) ADDITIONAL REGULATIONS - ENCINITA AVENUE, VICINITY
OF FORTSON DRIVE
City Council approved Commission's recommendation
for additional striping, markings, red curb and
"slow curve" signs to be placed in the area of
Encinita and Lemon where the street narrows from
36' on Lemon to 30' on Encinita.
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Council Minutes, September 15, 1987 - Page 2
(2) ADDITIONAL RED CURB - LOWER AZUSA ROAD BETWEEN
WILLMONTE AVENUE AND AGNES AVENUE
City Council approved Commission's recommendation
for placement of 24' of red curb on the east side
of Agnes north of the north curb line of Lower
Azusa and also 18' on the west side of Agnes north
of the north curb line of Lower Azusa Road for
traffic flow purposes.
(3) ADDITIONAL RED CURB 6042 -44 TEMPLE CITY BOULEVARD
City Council approved Commission's recommendation
for 50' of red curb on the east side of Temple City
Boulevard south of the south curb line of
Garibaldi.
(4) PROHIBITED PARKING - PUBLIC PARKING LOTS
City Council approved Commission's recommendation
of "No Parking, 3 AM to 5 AM" signs in all Vehicle
Parking District Lots in Temple City.
C. ACCEPTANCE OF BID - INSTALLATION OF 16 NEW INTERNALLY
ILLUMINATED STREET NAME SIGNS, VARIOUS LOCATIONS
City Council reviewed the three bids received and
awarded the contract to the low bidder, Signal Mainte-
nance, Inc., in the amount of $11,360 and authorized the
Mayor to sign.
D. TEMPLE CITY PARK PROJECT
City Council approved the request for additional expen-
ditures in the Temple City Park improvement project in
the sum of $1,264 and amended the adopted budget accord-
ingly.
F. ACCEPTANCE OF BID FOR RESURFACING OF TENNIS COURTS AT
LIVE OAK PARK
City Council reviewed the bids received and awarded the
contract to the lowest bidder, East -South Resurface &
Striping in the amount of $2,775 and authorized the
Mayor to sign.
G. PROGRESS PAYMENT: TERRA -CAL CONSTRUCTION, INC - TEMPLE
CITY PARK PROJECT
City Council approved the progress payment in the sum of
$26,190.00 to be made to Terra -Cal Construction, Inc.
H. RESOLUTION NO. 87 -2735 APPROVAL OF PAYMENT OF BILLS
City Council adopted Resolution No. 87 -2735 approving
claims and demands in the amount of $93,632.21.
E. PROPERTY NUISANCE CASE NO. 87 -160, 9901 LAS TUNAS DRIVE,
OWNER: ARTHUR NICHOLSON
Councilman Swain inquired as to the status of the pro-
perty as it has been mentioned that the property may
have been sold; and if it had been sold, had the new
owners been apprised of the action taken by the Planning
Commission.
Mr. Dawson indicated there had been no verification
indicating the property had been sold nor has any change
of business license been issued.
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Council Minutes, September 15, 1987 - Page 3
Mr. Arthur Nicholson, 9901 Las Tunas Drive, stated there
were three requests made by the Planning Commission
which were: paint the back north wall, paint the sign
poles and remove the cars. He has complied with all
except for two cars which have not been removed due to
insurance problems. He also stated the cars parked on
the street belonged to customers whom he had contacted
after receiving the notification, and they personally
moved their cars to the street.
Mr. Dawson indicated that a staff person visited the
location and as of Friday the owner had not complied
with the Commission's request.
Councilman Swain advised Mr. Nicholson that the adoption
of Resolution No. 87 -2736 gives him an additional twenty
days to abate the property nuisance.
Councilman Swain moved to adopt Resolution No. 87 -2736,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE
AND ORDERING ABATEMENT THEREOF, seconded by Councilman
Atkins and unanimously carried.
6. UNFINISHED BUSINESS:
A. ACCEPTANCE OF BID AND AWARD OF CONTRACT 1987 -88 CHIP AND
SLURRY SEAL PROJECT, MAINTENANCE AREA 1, (east of
Halifax) Continued from September 1, 1987 meeting.
Councilman Atkins moved to reject all the bids and
proceed with the renoticing of the project due to accu-
sations and conflicting statements made by contractors
involved, seconded by Councilman Swain and unanimously
carried.
B. ORDINANCE NO. 87 -613 (2ND READING) CHANGE IN ZONING FOR
THE AREA IN TEMPLE CITY GENERALLY LOCATED NORTH OF LIVE
OAK; SOUTH OF LAS TUNAS BETWEEN CLOVERLY AND GOLDEN WEST
(Map B, Zone Change 87 -851)
Mayor Gillanders provided background information stating
that Ordinance No. 87 -613 was introduced at the City
Council's Meeting of September 1 for its first reading.
As a result of the public hearing process in which
considerable testimony was given, Council chose to
change the zoning recommended by the Planning Commission
and staff was directed to consider the area on the east
and west sides of Kauffman and Camellia north of Workman
for a future General Plan amendment.
Councilman Atkins moved to waive further reading and
adopt Ordinance No. 87 -613, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE
87 -851 Map B, seconded by Councilman Swain and unani-
mously carried.
7. NEW BUSINESS:
A. PUBLIC HEARING: ZONE CHANGE 87 -852 AND 87 -853; PRO-
POSED CHANGES IN ZONING GENERALLY LOCATED BETWEEN
ENCINITA AND BALDWIN, NORTH OF LAS TUNAS TO GARIBALDI
Mayor Gillanders requested Planning Consultant Tooker
make his comments regarding the recommendations of the
Planning Commission.
Council Minutes, September 15, 1987 - Page 4
As explained by Mr. Tooker, zone change 87 -852 lies
southerly of Garibaldi to just north of Las Tunas Drive
and between Encinita and Temple City Blvd. During the
Public Hearing process, the Planning Commission chose
not to make any changes in the area south of Woodruff
between Encinita and Oak Avenue. The remainder was
changed as advertised. It is the recommendation of the
Planning Commission that the area originally advertised
asbeing rezoned from C -2 to R -2 be changed to R -3. In
the General Plan this area was adopted as medium density
residential; and, should Council adopt the Commissions
recommendation, there would have to be a General Plan
amendment.
Councilman Froehle 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 Gillanders declared the public hearing open for
Map 87 -852 and invited anyone wishing to address the
City Council on the matter to come forward at this time.
Judy Tatone, 5936 N. Encinita, stated her support of the
City Council's recommendation for down - zoning and would
urge City Council to down -zone Encinita and Alessandro
from R -3 to R -1. Additionally, it was her opinion the
east side of Encinita and the west side of Alessandro
should be down -zoned in order to be consistent with the
land use.
Pauline Cheuvront, 5931 N. Alessandro, stated she was
not in favor of R -1 zoning. She submitted a petition
with 17 signators who were in favor of remaining R -3.
She also expressed the dissatisfaction with the 10 -unit
project that is currently being developed in this area
and inquired as to whether an EIR was done on these
apartments.
Mr. Dawson explained that an EIR was done prior to the
General Plan and is usually reserved for more compli-
cated and detailed projects rather than a 10 -unit apart-
ment complex.
Mayor Gillanders pointed out the inability to have R -3
zoning for maximum profit value while still maintaining
a single family atmosphere.
Bill Hoke, 5937 Alessandro, stated he had signed the
petition and feels the residents would lose property
value by the rezoning.
Charlene Fisher, 5722 Kauffman, stated she would like to
see the area down -zoned to R -1.
Mary Ann Acuna, 5930 Alessandro, stated she does not
like living next door to a 10 -unit apartment and a
two -story duplex on the other side. Mrs. Acuna indicated
she would be most comfortable with R -2.
William Wohlwend, 5946 Alessandro, indicated he feels
the Council should zone the area R -3 in order to be
consistent with the other four lots, which includes the
10 -unit apartment complex, or down -zone the entire area
to R -2.
This concluded the public testimony with reference to
Zone Change 87 -852.
Council Minutes, September 15, 1987 - Page 5
Councilman Froehle stated the original revised General
Plan recommended R -3 to R -2. It was his opinion that,
at the Planning Commission public hearing, the general
consensus was that residents were in favor of having the
area remain zoned R -3. However, the opinion seems to
have reversed to maintaining a single - family atmosphere
or R -2 zoning. Based on public testimony, the appear-
ance of the neighborhood and the General Plan guide-
lines, it was Councilman Froehle's opinion that an R -2
designation would be appropriate.
Councilman Atkins agreed with Councilman Froehle with
regard to the down - zoning. It was his opinion that R -2
allows for minor changes while maintaining the character
of the neighborhood. He expressed his concern for R -3
zoning should two to three lots be put together and a
three story, 15 -unit complex be constructed on the
property.
Councilman Swain clarified for the public that a second
story is allowed in any zone in the City. However, it
becomes a different issue when the second story becomes
a solid wall filling the whole lot. In regard to the
subject of losing value, Councilman Swain indicated she
felt this is not always a valid argument. Councilman
Swain concurred with other Councilmembers in the down -
zoning of R -3 to R -2.
Mayor Gillanders concurred with the Council and stated
he would like to see this area zoned R -2.
City Attorney Martin introduced for first reading by
title only Ordinance No. 87 -614, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE
CHANGE 87 -852.
Councilman Froehle moved to waive further reading,
seconded by Councilman Swain and unanimously carried.
Mayor Gillanders indicated that Council was moving on to
Zone Change 87 -853, which is bounded by Temple City Blvd
on the west, Agnes on the east, Garibaldi on the north
and Las Tunas on the south.
Mr. Tooker explained that most of these changes are
required to be consistent with the General Plan and are
due to the elimination of the High Density R -4 Zoning.
The area on the east side of Camellia which is proposed
to be down -zoned from R -3 to R -2 is to be consistent
with the Medium Density Residential as stated in the
General Plan.
Councilman Atkins inquired if the zoning of City Hall to
R -3 was an oversight and if there was a zoning for
Institutional Use.
Mr. Tooker indicated it is currently on the General Plan
as Institutional Use and should any of this land be
abandoned by the present use, it would come up for
rezoning at that time and would require an amendment.
David Freeman, representing Mr. & Mrs. Holcomb, 6044 and
6042 Camellia, stated the Holcombs had sold this pro-
perty based on the R -3 zoning. The realtor spoke to
Planning staff, specifically with regard to footage and
number of units prior to the sale, and was informed
that under current zoning ten units were possible on
that property. The property was sold on the basis of
that information and is in escrow to an individual who
is planning to build eight condominiums. The current lot
size is 100' x 185'. The Holcombs will lose money
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Council Minutes, September 15, 1987 - Page 6
should this buyer pull out of escrow due to the down -
zoning. Mr. Freeman submitted a petition which the
Holcombs had circulated for signature by homeowners in
their area. It is the opinion of the Holcombs that the
west side of Camellia being R -3 and the east side R -2 is
totally an arbitrary decision. Additionally, individuals
with legal non - conforming properties will have diffi-
culty obtaining insurance and refinancing from lenders.
Councilman Swain informed Mr. Freeman that the Planning
Commission is drafting a proposed amendment to the
Zoning Code pertaining to non - conforming buildings, uses
and structures. The proposed amendment would allow for
the reconstruction of partially or totally destroyed
legal non - conforming structures. The Council will hold
a public hearing on this issue at an adjourned meeting
on September 29.
Mr. Holcomb, 6043 Kauffman, stated to the Council his
dissatisfaction with Council's handling of his lawyer's
presentation.
Jean Parks, 6052 Camellia, indicated she would like to
see her area remain lower density. Her preference would
be R -2 due to the current land use.
Louis Bald, 9658 E. Longden, advised he is in favor of
keeping the area zoned R -3 and feels the City has enough
restrictions in the R -3 zoning to keep the density down.
As there was no one else who desired to speak, Council-
man Atkins moved to close the public hearing, seconded
by Councilman Swain and unanimously carried.
Councilman Froehle asked what the rationale was behind
the decision to keep the west side of Camellia R -3.
Mr. Tooker indicated that, due to the condominium pro-
ject, the decision was made to keep it R -3. The present
General Plan on the west side of Camellia between Temple
City Boulevard and Camellia was already high density.
There was one change on the southwest corner of
Garibaldi and Camellia in which they squared the pro-
perty off when the General Plan was amended.
Councilman Swain felt the area south_of Woodruff would
be appropriately zoned R -3 since R -4 has been elimi-
nated. With reference to the area on the east side of
Camellia, except for one condominium which has been
zoned R -3, she was in favor of the R -2 designation
because it had not been built up to R -3. This area has
been looked at and studied for quite some time; and,
prior to the General Plan Amendment, Council had refused
zone variances on the basis of over - density. She disa-
greed with statements to the effect that you can't tear
down a single residence and come out financially ahead.
Councilman Atkins concurred with Councilman Swain,
stating felt the R -2 zoning was appropriate. Addition-
ally, Councilman Atkins acknowledged to Mr. Holcomb that
his comments were misunderstood' and felt his attorney
presented the case eloquently.
Councilman Froehle concurred with Councilmen Swain and
Atkins, stating he did not feel that south of Woodruff
is an issue. He agreed with the R -2 zoning from
Garibaldi to Woodruff.
Council Minutes, September 15, 1987 - Page 7
Mayor Gillanders stated the Council is looking to the
future for development of the community especially with
regard to the enjoyability of the people who live in
Temple City, and concurred with the opinions stated by
other Councilmembers.
City Attorney Martin introduced for first reading by
title only Ordinance No. 87 -615, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE
CHANGE 87 -853
Councilman Swain moved to waive further reading, sec-
onded by Councilman Froehle and unanimously carried.
B. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF
SEPTEMBER 8, 1987
Mayor Gillanders stated the Council will review the
actions taken by the Planning Commission, in particular,
the Commission action on a split vote to approve a
three - story, multi - family residential project.
Councilman Swain referring to items No. 5 and 6 where-
in the Planning Commission approved Conditional Use
Permits to allow three -story projects stated some of the
discrepancy stems from the way Temple City's Ordinance
reads with regard to subterranean or partially subterra-
nean garages, which are considered a story. She also
stated that, due to the fact these were very close split
votes by the Planning Commission and they both were very
controversial projects with substantial public input at
the Commission meeting, she would like them reviewed by
City Council.
Councilman Swain moved to appeal at the City Council
level Conditional Use Permits 87 -860 and 87 -862 and set
for public hearing on October 20, seconded by Councilman
Froehle and unanimously carried.
Mayor Gillanders clarified for the public that the City
Council has appealed the decision of the Planning Com-
mission to approve a Conditional Use Permit located at
at 5926 Alessandro to allow development of a three -story
10 -unit apartment project. This will be heard again by
the Council with new notices sent and the Council can
either choose to override the decision of the Planning
Commission or sustain it. The second item was Condi-
tional Use Permit 87 -862 at 5808 Cloverly Street to
allow the construction of a 3- story, 8 -unit condominium
project with semi - subterranean parking. This project
will also be appealed and brought before the Council.
Additionally, Council will refer to the Planning Commis-
sion the potential of establishing a height limit in the
City.
8. COMMUNICATIONS:
A. LETTER OF AUGUST 26, 1987, FROM SUPERVISOR KENNETH HAHN
REGARDING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS
ACTION MAKING IT A MISDEMEANOR TO USE A TOY GUN IN A
CRIME.
Councilman Swain referred to the ordinance adopted by
the County Board of Supervisors making it a misdemeanor
to use a toy gun in a crime. Having been a victim of a
gun - related crime, she would like to show her support of
Supervisor Hahn's position.
Mayor Gillanders questioned the validity of a misde-
meanor action; if a crime is in fact committed, it is a
crime and passing an ordinance making it a misdemeanor
is not necessary.
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Council Minutes, September 15, 1987 - Page 8
Councilman Froehle stated that there are crimes occur-
ring on the freeways in which guns are being brandished
and, if a toy gun is used, there is no crime involved.
Councilman Atkins agreed with Mayor Gillanders that it
was unnecessary and the communication should be received
and filed.
Councilman Swain moved to show support to the County
Supervisors in their attempt to make an illegal action
out of brandishing a toy gun in a threatening manner,
seconded by Councilman Froehle and was defeated on a
roll call vote.
ROLL CALL:
AYES:
NOES:
Froehle, Swain
Atkins, Gillanders
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
None
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the September 1, 1987 meeting; approved the proposed signage
as recommended by staff for Sizzler Shopping Center and
adopted Resolution No. CRA 312, authorizing 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
Councilman Froehle stated that correspondence was re-
ceived after the yearly contribution of $500 was sent
requesting an additional $700 based on a .04 per capita
assessment. He further suggested it was time for the
Council to review the WeTIP program as to the amount of
moneys contributed and the return the City is getting
from the organization. Councilman Froehle indicated he
had checked with the Sheriff's Department and Lt. Torres
and, since the City has been contributing, no informa-
tion regarding solved crimes has been received. The
Temple Sheriff's Station in 1987 began a program called
the "Action Crime Line" and Councilman Froehle suggested
Council's consideration in transferring the amount
presently contributed to "WeTIP" being given to Temple
Station's own "Action Crime Line" Program.
Councilman Froehle moved that City Council not pay the
additional sum of $700 requested by "WeTIP" and at a
later date consider transferring' sponsorship to Temple
Station's "Action Crime Line ", seconded by Councilman
Atkins and unanimously carried.
Council Minutes, September 15, 1987 - Page 9
B. LEAGUE OF CALIFORNIA CITIES - LOS ANGELES COUNTY DIVI-
SION DUES ASSESSMENT FOR FY 1987 -88
Mayor Gillanders stated he was not in favor of paying
the requested dues as the League does not support the no
property tax cities in their fight to regain a portion
of taxes paid to the County.
Although Councilman Swain disagrees with the League on
many issues, it was her opinion that the City would have
stronger bargaining power by being a member of the
organization.
Councilman Swain moved to pay the dues to the League of
California Cities, seconded by Councilman Froehle and
unanimously carried.
C. CONDOLENCES TO THE FAMILIES OF THE TEMPLE CITY HIGH
SCHOOL STUDENTS INVOLVED IN THE ACCIDENT OF SEPTEMBER
10, 1987.
Councilman Froehle extended his condolences to the
families of all the Temple City High School students
involved in the fatal traffic accident of September 10,
1987.
Councilmembers also extended their condolences and
Councilman Swain expressed a special "thank you" to the
School District which has gone beyond their call in
helping the families involved and the students of Temple
City High School.
12. ADJOURNMENT:
On motion by Councilman Froehle, seconded by Councilman
Atkins the meeting of the City Council adjourned at 9:30
p.m. to an adjourned meeting on September 29, 1987, regard-
ing Zone Change 87 -851, Map A, and a Zoning Code Amendment
to permit the rebuilding of non - conforming uses and struc-
tures.
The next regular meeting will be held on Tuesday, October 6,
1987, at 7:30 p.m. in the Council Chamber, 5938 North
Kauffman Avenue, Temple City.
ATTEST:
Chief DeFfuty City erk
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