Loading...
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. 1_. 5 Q 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. 15 r_. ; 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 1..5 516 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. 1.5 514 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 15 512