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HomeMy Public PortalAboutCity Council_Minutes_1987-10-20_Regular 19871 CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 20, 1987 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on October 16, 1987, Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, October 20, 1987. 2. The invocation was given by Father Michael Smith of St. Lukes Catholic Church, 9451 East Broadway, 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, Dennis, Gillanders, Swain Councilman - Froehle City Manager Koski, Attorney Martin, Commu- nity Development Director Dawson, Planning Consultant Tooker and Julie Estrada of the Temple City Times Councilman Swain moved to excuse Councilman Froehle with cause, seconded by Councilman Dennis and unanimously car- ried. 5. CONSENT CALENDAR: Councilman Dennis moved to approve the Consent Calender as recommended, seconded by Councilman Swain and unanimously carried. A. APPROVAL OF MINUTES - Adjourned Meeting of September 29, 1987. Approved as written. B. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF OCTOBER 13, 1987. City Council received and filed the memo outlining action taken by the Planning Commission at their October 13 meeting. C. ORDINANCE NO. 87 -617 (2ND READING) CHANGE IN ZONING 87 -851 MAP "A" FOR THE AREA OF TEMPLE CITY GENERALLY LOCATED NORTH OF LIVE OAK TO LAS TUNAS BETWEEN SULTANA AND CLOVERLY. Waived further reading and adopted Ordinance No. 87 -617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -851, MAP A. Council Minutes, October 20, 1987 - Page 2 D. RESOLUTION NO. 87 -2739: REQUEST FOR SB 821 FUNDS -SIDE- WALK CONSTRUCTION - Council adopted Resolution No. 87 -2739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR SB 821 BICYCLE AND /OR PEDESTRIAN FUNDS AND CONFIRMING ADOPTION OF MASTER PLAN OF SIDE- WALKS E. SET PUBLIC HEARING - ASSESSMENTS FOR STREET IMPROVEMENTS 10766 & 10770 GRAND AVENUE, SOUTH SIDE, FROM ARCADIA WASH TO McCLINTOCK AVENUE Council set public hearing for November 3, 1987 to approve the assessments and instruct the Superintendent of Streets to so notify the property owners. F. ACCEPTANCE OF WORK - SANITARY SEWER IMPROVEMENTS - TR #43189 LOWER AZUSA ROAD & GOLDEN WEST AVENUE - City Council approved and accepted for public use the sanitary sewer system in Tract #43189 and reduced secu- rity deposit.by $75,000 on letter of credit #143. G. ACCEPTANCE OF WORK - RESURFACING TENNIS COURTS AT LIVE OAK PARK - City Council accepted the work performed by East -South Resurfacing and Striping Company and authorized the City Clerk to file a Notice of Completion; authorized payment in the amount of $2,497.50 to East -South Resurfacing and Striping Company; and authorized payment of the 10% retention in the amount of $277.50 at the end of the 35 -day lien period and receipt of Waiver of Liens. H. APPROVAL OF PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - PROGRAM FROM 1988 THROUGH 1991 - Council approved the three -year cooperative agreement between Temple City and the County of Los Angeles par- ticipating in the Los Angeles Urban County Community Development Block Grant Program from July 1, 1988 through June 30, 1991. I. CLAIMS FOR DAMAGES: 1) Timothy David Donovan 2) Enrique Cabrera Council denied the claims of Timothy David Donovan and Enrique Cabrera and referred the claims to the Southern California Joint Powers Insurance Authority. J. PROGRESS PAYMENT: TERRA -CAL CONSTRUCTION, INC. TEMPLE CITY PARK PROJECT City Council approved progress payment in the sum of $7,044.27 to Terra -Cal Construction, upon receipt of labor and material liens. K. ROSEMEAD BLVD /LAS TUNAS MEDIAN LANDSCAPING - City Council approved the expenditure of up to $6,300 for base maps and plans and approved the appropriation of sufficient funds and amended the adopted budget. L. RESOLUTION NO. 87 -2741: EMPLOYMENT OF BUDGETED PERSON- NEL 541 City Council adopted Resolution No. 87 -2741. Council Minutes, October 20, 1987 - Page 3 M. RESOLUTION NO. 87 -2740: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 87 -2740 approving claims and demands in the amount of $282,238.60. 6. UNFINISHED BUSINESS: A. PURCHASE OF PROPERTY FOR CITY MAINTENANCE YARD AT 9167 LA.ROSA DRIVE City Manager Koski provided background information stating the staff had continued discussions with Mr. Chet Otting regarding the City's acquisition of property located at 9167 La Rosa Drive. Since the proposed site would be used for the expansion of the City Maintenance Yard and would provide additional storage space for municipal purposes, the acquisition of the property would be under the threat of Eminent Domain. The present site on Pentland could be declared surplus and consid- ered for residential development. The purchase price for this property is $650,000. Mr Otting will remove the existing fuel and oil tanks and correct any contami- nation. It was Mr. Koski's opinion that. the City should install two 5,000 - gallon tanks while the excavation exists. The estimated cost to the City for the two fuel tanks and related items is $40,000. Mr. Otting is responsible for the title policy with escrow fees to be split 50/50. Councilman Swain moved to approve acquisition of pro- perty at 9167 La Rosa under the threat of Eminent Domain and authorized staff to proceed with the acquisition process and amend adopted budget accordingly, seconded by Councilman Dennis and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO 87 -860 AT 5926 -28 ALESSANDRO (Ralco, Inc.) City Manager Koski provided background information stat- ing that on September 8, 1987 the Planning Commission had approved a conditional use permit to allow construction of a three - story, ten -unit apartment project with retain- ing walls along the side and rear property lines and semi - subterranean parking. Access to this site would be taken from Alessandro Avenue. The site is 100' by 185' and the property is zoned R -2, designated for Medium Density Residential on the General Plan. There are other multiple family uses in the area but none consist of three levels. At the City Council meeting of September 15, 1987 this item was appealed and it was suggested that the staff review the current height requirements in the City's residential zones. Currently the height limit is 35 feet. There is no specific reference in the Code as to the permitted number of stories. Mayor Gillanders inquired whether this project has al- lowed for facilities in the basement area to allow for pumping in case of flooding since it will be substan- tially below ground level and is on a street which drains from north to south. Mr. Dawson indicated that the project would require a sump pump, as well as, a back up which is a standard requirement of projects which have subterranean or semi - subterranean parking. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. 5 540 Council Minutes, October 20, 1987 - Page 4 Mr. William Brutacao, 281 Workman, Covina, attorney for applicant, stated it was his understanding this project had been approved by the Planning Commission and it meets all the requirements of the Municipal Code as to zoning, set back, height and that there are no violations of the City's requirements. He also stated that it was ex- pressed by the residents of Temple City that R -3 zoning adjacent to commercial was utilized as a buffer between commercial and lower density residential. It is his contention that this project is an appropriate use of the property. Additionally, he wanted to point out the adjacent property to the north is R -2 and the reason there is no other project like this one is because the area is not zoned as such. He concluded that this project meets all the requirements and should be approved as it was previously approved by the Planning Commission Mr. Earl Rubenstein, 11111 W. Olympic Blvd, stated that due to the use of subterranean parking they were able to allow for more open space surrounding the project than is normally required under zoning codes. Additionally, Mr. Rubenstein presented to Council for consideration a new frontal illustration which would aesthetically blend with the current neighborhood. He indicated there would be plants, shrubbery and trees to soften the front. Pauline Cheuvront, 5931 N. Alessandro, stated she is in protest of this structure due to the fact that all the surrounding structures are low one -story houses and this building is out of character with the rest of the neigh- borhood. Charlene Fisher, 5722 Kauffman, stated her protest to this structure due to the height of the building. William Wohlwend, 5946 Alessandro, stated his protest due to the fact that all surrounding buildings are one -story single residences and the additional parking and traffic problems. Mr. William Brutacao, 281 Workman, Covina, addressed the issue of subterranean parking allowing a greater density. It is his opinion that subterranean parking is a benefit to the community as it allows the most open space since legally they can put 10 units on that particular lot whether they utilize subterranean parking or not and it is only a question of the amount of open space and height of the structure and noted that this project complied with R -3 standards. As no one else wished to address the City Council on this Appeal, Councilman Dennis moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Swain moved to include the Minutes and materi- als from the Planning Commission, as well as, the letters received as part of the record of Council's public hear- ing concerning this matter, seconded by Councilman Dennis and unanimously carried. Councilman Dennis indicated that his only objection with the project itself was with the rendering and it is his understanding that Mr. Rubenstein is willing to work with the City on making the project more aesthetically appeal- ing. Since the project meets all other standards and code requirements he can see no reason to deny. Council Minutes, October 20, 1987 - Page 5 Councilman Swain concurred with Councilman Dennis and in addition stated that absolutely no rules are being bro- ken, they have met all zoning codes, they are a buffer from the commercial zone and most of the traffic coming and going from this unit will take access off of Las Tunas Drive. Therefore, she does not see any criteria on which the City Council could deny since the zoning is in place. Councilman Atkins stated he felt this project will have an adverse affect on the surrounding property, there will be an increase in traffic and, in his opinion, there will not be adequate parking. Due to these reasons, he is opposed to the project. Mayor Gillanders stated that this project does in fact conform to all the codes. However, the reason this matter was being heard was due to the tremendous amount of public objection which was voiced by phone calls, in person and letters. Mayor Gillanders concurred with Councilman Swain and Councilman Dennis and cannot find any legitimate reason to deny. Councilman Dennis moved to approve Conditional Use Permit No. 87 -860 allowing construction of a 3 -story 10 -unit apartment with semi - subterranean parking, seconded by Councilman Swain and carried with Councilman Atkins opposing. Councilman Swain moved to approve the Negative Declara- tion, seconded by Councilman Dennis and unanimously carried. B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 87 -862 AT 5808 CLOVERLY (Raleigh Overseas) City Manager Koski provided background information stat- ing that on September 8, 1987 the Planning Commission approved a conditional use permit to allow the construc- tion of an 8 -unit condominium project. This project consisted of two levels of living area over semi- subter- ranean parking. Access would be taken from Cloverly Avenue. The site is 100' by 175' for a total area of 17,500 square feet. The subject site is zoned R -3 and designated for High Density Residential on the City's General Plan. This development consists of two struc- tures and two different floor plans. One which would contain 1,810 square feet and the other would contain 1,815 square feet of living area. The surrounding area is improved with single family and multiple family units and although other multiple family developments exist in the immediate area, none of the existing developments consist of three levels. At the September 15th City Council meeting this item was appealed and it was sug- gested that staff review the current height requirements in the City's residential zones. The current height limit is 35 feet and there is no specific reference in the Code with regard to the permitted number of stories. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. 15 538 Council Minutes, October 20, 1987 - Page 6 Istvan Csejtey, 1260 Huntington Drive #101, South Pasadena, Project Architect, stated this project has been developed with less units and density than is allowed by code. Additionally, this project is accessed not only through Cloverly but also through an alley which, hope- fully, will disperse traffic which may be created by the project. Mr. Csejtey also stated that this building is a two -story building at ground level although it may have three levels. Joe Swiatlowski, 5802 Cloverly, stated that he does not believe this project belongs in the neighborhood. Joann Disney, 5751 N. Cloverly, stated it is her opinion that the traffic situation will increase threefold. She wished to enter her protest to this project. As no one else wished to address the City Council on this Appeal, Councilman Atkins moved to close the public hearing, seconded by Councilman Dennis and unanimously carried. Councilman Dennis moved to include the Minutes and mate- rials from the Planning Commission as part of the Coun- cil's public hearing concerning this matter, seconded by Councilman Swain and unanimously carried. Councilman Dennis stated he felt this property owner has complied with all standards of R -3 zoning as required and doesn't see any basis of denial. Councilman Swain stated she felt there is a heavy traffic impact on the neighborhood since this area is near schools, churches and shopping. Additionally, it is a narrow street. It is her opinion that although she is not in favor of the project, she cannot find any legal reason for denial. Councilman Atkins stated that this project conforms to the neighborhood land use and the R -3 zoning standards. He also concurs with Councilman Swain in regards to the traffic impact on the neighborhood and although he is not in favor, he cannot find any reason for denial. Mayor Gillanders stated his objection to the project is from a safety standpoint. It is his opinion that the wall on each side of the driveway will be a sight ob- struction for children who are walking on the sidewalk. Additionally, due to the depth and grade of the exit ramp cars exiting will have to accelerate on to an extremely narrow, high traffic street. He also stated that from all other viewpoints, in regard to R -3 zoning and confor- mance to standards and requirements, he has no basis for denial. Councilman Dennis moved to re -open the public hearing and continue this matter to the November 3 meeting, to allow the architect time to implement safety features in the plans for vehicles exiting the subterranean parking area, seconded by Councilman Atkins and unanimously carried. C. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION OF ZONE VARIANCE 87 -871 AT 6168 ENCINITA AVENUE (Campos) City Manager Koski provided background information stat- ing that on September 22, 1987 the Planning Commission approved a zone variance to allow the reconstruction of and addition to a non - conforming residential structure located on an R -1 zoned lot. The site is 88' by 250' for a total area of 22,497 square feet. There are three �. single - family residences on this site and in order to I obtain building permits in 1982, for improvements to the 1 1 1 Council Minutes, October 20, 1987 - Page 7 front -most dwelling, the applicant declared this unit as the principal residential dwelling and acknowledged that the two dwellings to the rear of the lot were non - conforming. The surrounding land use to the north, south and west is single family residential with lots to the east of the subject site having been improved with multiple family residential uses. The proposed improve- ments to the non - conforming residential structure con- sists of reconstructing the roof so that it would provide a steeper pitch, the addition of a closet area, "pop -out" bay window and a patio roof cover. Mr. Dawson presented a video of the property which showed the two non - conforming units and the main unit. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. As no one wished to address the City Council on this appeal, Councilman Swain moved to close the public hear- ing, seconded by Councilman Atkins and unanimously car- ried. Councilman Atkins 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, seconded by Councilman Swain and unanimously carried. Councilman Swain indicated that the Ordinance pertaining to non - conforming uses is very specific as to the fact the units may be maintained but may not be enlarged or enhanced. In order to grant a variance there are very specific findings which must be met. The first being that there are exceptional or extraordinary circumstances or conditions applicable to the property, that it is necessary for the preservation and enjoyment of a sub- stantial property right possessed by other property similarly situated, that it will not be materially detri- mental to the public welfare or injurious to the adjacent property and that there are special circumstances. It is her opinion that according to the Planning Commission minutes none of these findings were met. In 1982 the property owners signed a statement indicating the front house was the primary residence and the others were non - conforming. Therefore, she found no reason to grant the variance. Councilman Dennis stated the proposed additions to the property are so minor, even though it is a non - conforming unit, that he doesn't feel it will have an adverse impact on the neighbors and would be in favor of granting the variance. Councilman Atkins concurred with Councilman Dennis and would be in favor of granting the variance. Mayor Gillanders concurred with Councilman Swain regard- ing the fact the property owners had signed the agreement stating the non - conformance of the unit in question. 15 :.536 Council Minutes, October 20, 1987 - Page 8 Councilman Dennis moved to sustain the Planning Commis- sion approval of the Zone Variance 87 -871, seconded by Councilman Atkins. ROLL CALL: AYES: NOES: Atkins, Dennis Swain, Gillanders Councilman Atkins moved to reopen the public hearing and continue this matter to the November 3 meeting when a full Council is present, seconded by Councilman Dennis and unanimously carried. D. PUBLIC HEARING 87 -842 MAP "C ", PROPOSED CHANGE IN ZONING FOR 3 PARCELS OF LAND LOCATED AT 10019 THRU 10047 LOWER AZUSA ROAD. City Manager Koski provided background information stat- ing the Planning Commission had heard the Zone Change on July 14 and 28. The City Council subsequently conducted a public hearing on August 18 for the same Zone Change. A portion of the area proposed for change was not final- ized and Council continued the hearing until October 20, so the applicant could prepare additional information to support the change in zoning from R -4 to C -2. The Gen- eral Plan shows subject area as commercial. The zoning proposed makes the zoning consistent with the amended General Plan. Mayor Gillanders inquired of City Attorney Martin if he was in a position of Conflicts of Interest on this matter in that he lives at the property on the northwest corner of Robinhood and Ryland, approximately 200 feet from the three parcels of land which are the subject of this public hearing. City Attorney Martin: "Do you have an opinion on whether the rezoning as proposed would increase the value of your home ?" Mayor Gillanders: "No, I have no opinion, it would not affect it one way or the other. I am still R -1." City Attorney Martin: "Do you have a bias on the particular issue or a predetermination on it ?" Mayor Gillanders: "No." City Attorney Martin: "Free to vote." Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Brent Bergh, 2130 Huntington Drive, So Pasadena, he requested that this matter be continued until a full council is present. Mayor Gillanders indicated Mr. Bergh has already had one continuance and does not see where it would necessarily be to Mr. Berghs advantage since on a split vote the matter would be continued otherwise he would have a decision one way or the other. Council Minutes, October 20, 1987 - Page 9 Mr. Bergh indicated the possibility of legal reasons for asking for full attendance by the Council. He stated the owner whom he represents questions the propriety of having to go through a change of zone process after already going through the public hearings for the Plan- ning Commission and the City Council in the adoption of the General Plan. Mr. Bergh stated he would rather go through this process once and hopefully alleviate any misunderstandings or ramifications. Mr. Martin asked Mr. Bergh if he was alluding to the possibility of a rezoning and General Plan change, fol- lowed quickly by an inconsistent change might have a legal challenge. Mr. Bergh indicated that this may be the case although it is one he hopes to avoid. Mr. Martin stated that it certainly was a possibility, unless the Council indicates the prior decision was a mistake. However, he did not see the difference as to whether the Council proceeded with four members or five. Mr. Bergh indicated that he did not have any objection with continuing with the public hearing. He stated Mayor Gillanders has been quite outspoken in previous public hearings with regards to his own personal opinion and Mr. Bergh stated he would not challenge that as a conflict of interest. However, Mayor Gillanders has been a spokesman of the neighborhood and Mr. Bergh can only look upon him as a negative vote. Mayor Gillanders agreed with Mr. Bergh's statement. However, it was still Mayor Gillanders opinion that the idea of converting this into a commercial area appears to be balanced in favor of callous rather than concern for the neighborhood, but Mr. Bergh was invited to convince him otherwise and Mayor Gillanders was willing to listen. Mr. Bergh indicated that this project was submitted in April of 1986 and has gone through numerous public hearings for the purpose of resolving the land use of this particular piece of property. Referring back to the General Plan recently adopted, it was suggested an increase in commercial zoning from 3% to 6% of the total land area of the City. Additionally, this area has gone through the process of approval for commercial usage. It is his opinion that the packets provided by the City with regards to this area justify commercial usage. These justifications are based on the dominance of commercial usage on Lower Azusa Road. Mayor Gillanders indicated that 10 units line the back end of the proposed project and at least 7 of those are zoned R -1. He noted that it is his understanding the trash units would need to be at the back end of the project which would put them near the bedrooms of 5 of those units. Mayor Gillanders felt it was necessary to know what Mr. Bergh's plans are with the property. He is aware of the uses but not of the specific plans. Mayor Gillanders maintained his position that the place- ment of a commercial property directly behind numerous R -1 units was an error and would expose the City to a tremendous liability problem and to grant the zoning would in fact be taking away from these people the ability to enjoy their homes. 1 534 Council Minutes, October 20, 1987 - Page 10 Mr. Bergh stated that several reports have been submit- ted to the City which indicated the willingness to establish covenant in an effort to preserve the privacy of the adjoining neighborhood. Additionally, he has taken every step possible to preserve the benefits and the value of the adjoining ownerships. His final re- quest was to have full Council present on the vote of this matter. Councilman Dennis inquired of Mr. Bergh what his spe- cific plans were to protect the neighborhood. Mr. Bergh indicated that specific plans were submitted to the City and are on file in the Planning Department but since Council is not voting on the plans but on the Land Use element, those plans were not made available. Councilman Swain inquired as to the height of the pro- posed buildings. Mr. Bergh indicated they were one story and could be kept to minimum height if necessary. If Council would like to reserve the right of approval of the Site Plan, Mr. Bergh would agree. Scott White, 4803 N. Ryland, stated his property backs up to the proposed commercial development. It is his opinion that the particular piece of property has been an eyesore for years. His major concern is the radical change to commercial usage. He also pointed out that there are many businesses on Lower Azusa which are not leased at this time already and it is his opinion that Lower Azusa cannot sustain flourishing commercial busi- nesses. Nancy White, 4803 N. Ryland, indicated the trash and litter situation from surrounding businesses is also a problem. Mr. Bergh, 2130 Huntington Drive, So Pasadena, stated this matter has been going on for 1 1/2 years and he can appreciate the pros and cons of any use of this land. His proposal was to bring into the City a project of primarily service type businesses not to include, retail stores, restaurants, liquor stores. At this time he could not identify these businesses. He questioned the purpose of all the reviews and the adoption of a Gen- eral Plan specifying commercial land use for this pro- perty when a month later the process started all over again. It was Mr. Bergh's opinion that everyone has had the opportunity to express their views, including Mayor Gillanders, and the City Council adopted the plan with a commercial designation for the property in question. He finds it irregular that a change of zone, which was originally initiated by the property owner, is back again in public hearings per the request of the City Council in order to change the amended General Plan they just adopted. Mr. Bergh indicated that based on this fact he is requesting full Council in attendance and will be asking his own Council to review the propriety of this hearing. It is not to question the objectivity of the Council or the power to designate land use in the City but to have it done in a fair and open way. It was his opinion the hearing was oriented against commer- cial use. As no one else wished to address the City Council on this matter Councilman Dennis moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Council Minutes, October 20, 1987 - Page 11 Councilman Swain moved to include the Minutes and mate- rials from the Planning Commission, as well as, the letters received as part of the record of Council's public hearing concerning this matter, seconded by Councilman Dennis and unanimously carried. Councilman Atkins stated he felt the issue is the impact on the R -1 properties adjoining this project. It's his opinion that not much of a commercial project could be built on that corner in such a manner to protect the people in the R -1 homes. He stated he feels the pro- perty owner could realize a reasonable return on his investment by having multiple residential. Councilman Dennis concurred with Councilman Atkins and in addition, suggested this area be designated R -2. Councilman Swain stated it was her opinion that traffic would be negatively impacted more so by a multiple residential project rather than a commercial project. Additionally, the rear of well- designed businesses would not impact the property to the rear as much as apart- ments would, such as windows over yards, evening noises, possibility of late night parking, etc. Councilman Swain indicated that she would be more in favor of a well planned commercial development than an apartment with 40 units. Mayor Gillanders indicated that the northeast corner which is in fact developed as commercial property, predates the City. The south side of the street and approximately 40% of the north side of the street be- tween Baldwin and El Monte Avenue and virtually all of the commercial properties located there are in the City of El Monte, with the sole exception of the Winston Tire Center. It is his opinion this area should be zoned residential. His main point being this area was sepa- rated from the others primarily because Council felt an error had been made and the area is out of character with the neighborhood. City Attorney Martin stated the matter before council is the recommendation to rezone from R -4 to C -2, and asked for the motion on that recommendation. Council Dennis stated the motion would be to deny the rezoning because it was incompatible with the neighbor- hood; in that it is directly located to R -1 structures. For clarification, City Attorney Martin inquired: "Particularly with regard to the General Plan in effect, is that an error in your opinion." Councilman Dennis: "Yes." City Attorney Martin inquired of staff: "During the last 12 to 18 months, has the City been going through General Plan and rezoning changes ?" City Manager Koski: "Yes." City Attorney: "Involving how many parcels of property ?" City Manager: "Approximately 1000 parcels, as far as bringing about consistency of the General Plan." 15 532 Council Minutes, October 20, 1987 - Page 12 City Attorney: "Have each of these been the sub- ject of some study both with regard to the General Plan and zoning changes ?" City Manager: "Yes." City Attorney: "And in this particular case, you have indicated there was a proposal first to zone to low density residential and somehow that got changed to commercial? Planning Consultant Tooker: "True." City Attorney: "If that is an error, that is not the only correction we are making in these year long studies -- we have other places where we have found error and will make changes ?" Planning Consultant: "Yes, there are at least five areas where the General Plan is intended to be amended as a result of these public hearings for the zone changes. The reason being that during the public hearing process the overwhelming testimony from the public did not agree with the existing land use vs. what the City was intending to do with the new General Plan. Therefore, staff was directed to amend the General Plan in those areas." City Attorney: "These five other areas are not necessarily related to this area at all ?" Planning Consultant: "Right." City Attorney: "If this motion passes you would then add this and make it a sixth area ?" Planning Consultant: "True." Councilman Dennis moved to deny the Planning Commis- sion's recommendation changing the zone from R -4 to C -2 on the findings that: a) it is incompatible with the neighborhood; b) the initial General Plan amendment proposed low density residential use for the subject property; c) due to the volume and complexity of the General Plan changes, an error was made in designating the subject property as suitable for commercial develop- ment, seconded by Councilman Atkins and carried on a Roll Call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders NOES: Councilman -Swain Councilman Atkins moved to refer the matter back to the Planning Commission for a General Plan amendment and appropriate zoning based on the error, seconded by Councilman Dennis and unanimously carried. E. PUBLIC HEARING: ZONE CHANGE 87 -865 PROPOSED CHANGES IN ZONING FOR THE AREA OF TEMPLE CITY GENERALLY LOCATED NORTH OF GARIBALDI TO THE CITY LIMITS AND BETWEEN ROSEMEAD AND BALDWIN City Manager Koski stated that the Planning Commission conducted a public hearing for this zone change on September 8, 1987. The Commission divided the proposed zone change boundaries into three areas. As a result of the public hearing the Planning Commission took the following action: Council Minutes, October 20, 1987 - Page 13 Map A -The Commission voted to recommend to Council that five lots on Callita be changed from R -4 to R -2 instead of R -1. Those lots to be changed to R -2 are located on the northeast and southeast corners of Callita and Rosemead. The other areas shown on Map A and subject to this zone change were ap- proved as advertised by a split (3/2) vote. Map B -The Commission consensus was that the proposed re- zoning of the properties located on the west side of Oak south of Longden did not reflect existing land use and, therefore, should remain R -2 and not be changed to R -1. The other two areas shown on Map B were approved as advertised. Map C -The Commission approved this map as advertised. 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, seconded by Councilman Dennis and unanimously carried. Mayor Gillanders declared the public hearing open for Zone Change 87 -865 and invited anyone wishing to address the City Council on this matter to come forward at this time. MAP A: George Farag, 9032 Callita, stated his support for downzoning the entire street of Callita to R -1 due to the fact it is a small street, there are no curbs and it is used extensively by children because of the Oak Avenue school at the end of Callita. Greg Sherman, 9021 Emperor Avenue, stated his support for Mr. Farag and reiterated the lack of curbs and sidewalks on Callita. It is his opinion that Sultana is also a small street with no sidewalks and if the area is left R -3 someone will build a high density project and increase the traffic. Therefore, he recommends the area be down zoned to R -1. Clarence Houston, 9008 Callita Street, stated his opin- ion that this area should be changed to R -3 instead of R -1. David Soroka, 9000 E. Callita Street, stated his protest against being downzoned to R -1. It was his intention to build up on his property and he would like to see this area remain R -3. Sylvia Almstadt, 9024 Callita Street, indicated she was in favor of maintaining a single family residence atmos- phere on Callita for the similar reasons as stated by Mr. Farag and Mr. Sherman. Donald Buchanan, 9018 E. Emperor, stated he is favor of the downzoning. Jill Buchanan, 9018 E. Emperor, indicated she feels these areas should be downzoned. Corlis Buchanan, 9018 E. Emperor, wished to state that in her discussions with the property owner of the pro- perty located on the corner of Rosemead, Emperor and Sultana, he had indicated he wanted his property zoned commercial. Mrs. Buchanan indicated that this property is located on three streets, two of which are zoned R -1, therefore, it is her opinion that this area should be zoned R -1. 15 530 Council Minutes, October 20, 1987 - Page 14 Myrna Dysart, 9024 E. Emperor, stated her support in downzoning for the entire street with no exceptions. Cindy Grant, 5434 N. El Monte, stated she was in favor of downzoning. MAP B: Virgil Graf, 6118 N. Primrose, stated he was in favor of the downzoning of the property on Garibaldi. Mike Beckman, 6241 N. Oak, stated he was representing the owner of the property and wished to indicate he was not in favor of downzoning due to the fact of land usage and the inability to improve current property . Dick Bossert, 5452 N. Golden West Avenue, owns the property at 6255 Oak, would like to see the area remain R -2. MAP C: Charles Stein, 9713, 9713 1/2 & 9715 N. Longden, no objections to changing the area to R -1. As no one else wished to address the City Council on this Zone Change, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unani- mously carried. Councilman Atkins moved to include the Minutes and materials from the Planning Commission, as well as, the letters received as part of the record of Council's public hearings concerning this matter, seconded by Councilman Dennis and unanimously carried. Councilman Atkins stated he was in agreement with all of the Planning Commission's recommendations. Councilman Swain concurred with Councilman Atkins and expressed her concern regarding the traffic on Rosemead and the proximity of the school to the Callita property. Councilman Swain indicated the Oak area is developed to R -2 and should reflect that usage. All other areas should be as recommended. Councilman Dennis indicated the property on Callita should be changed from R -4 to R -1 which is not what the Planning Commission recommended otherwise he agreed with the Commission's recommendations in regards to Map B and Map C. Mayor Gillanders summarized the Council's opinions by stating that on Map A, the area on Callita should be R -1; the property on Sultana should revert from R -3 to R-1; and the condo should go from R -4 to R-3, which is basically a bookkeeping movement. Map B - Oak on the west side south of Longden should remain R -2; the east side of Oak should go from R -2 to R -1; and the property on Garibaldi go from R -3 to R -2. Map C - Temple City Blvd. from R -2 to R -1 and the two sections on Longden from R -2 to R -1 The area on Oak Avenue will be referred to the Planning Commission for General Plan change. City Attorney Martin introduced for first reading by title only Ordinance No. 87 -618, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -865 Councilman Dennis moved to waive further reading, sec- onded by Councilman Swain and unanimously carried. 1.5 529 Council Minutes, October 20, 1987 - Page 15 F. COMMUNITY DEVELOPMENT COMMISSION PROGRAM CONCERNING COUNTY HOME IMPROVEMENT LOANS City Manager Koski provided background information and stated that this program is available to assist single family home owners with needed repairs to meet code requirements. The home improvement loan interest rates can vary from 3% to 8 -1/2% depending on how a homeowner may qualify to repay the loan and how the family income compares to the county median income of $33,200. The term of the loan can vary from 5 -15 years with a maximum loan of $15,000. These funds are made available through the County and can be utilized for earthquake damage as well as other needs. These loans are completely unre- lated to the Emergency Loan program. Councilman Dennis moved to approve the program, seconded by Councilman Swain and unanimously carried. Mayor Gillanders requested Julie Estrada of the Temple City Times to put information regarding this program in the newspaper. 8. COMMUNICATIONS: A. LETTER FROM MAYOR OF LOS ANGELES RE: STRICT ENFORCEMENT OF CURFEW LAWS Councilman Atkins moved to receive and file, seconded by Councilman Dennis and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None RECESS TO CRA: RECONVENE AS CITY COUNCIL: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the September 29, 1987 adjourned meeting; accepted the demolition bid and awarded contract to Charlie Gann; ap- proved the request for Christmas Tree Lot by Anthony Montanino; approved the amendment to the Tompkins & Parrington agreement and adopted Resolution No. CRA 314, 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. TRAFFIC SIGNAL ON ROSEMEAD BOULEVARD BETWEEN LAS TUNAS AND BROADWAY. Councilman Atkins moved to refer to Traffic Commission for study of signal modification, seconded by Councilman Dennis and unanimously carried. B. RESOLUTION NO. 87 -2742: RECOGNIZING THE FORMATION OF THE TEMPLE CITY HISTORICAL SOCIETY. Councilman Atkins moved to adopt Resolution No. 87 -2742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OFFICIALLY RECOGNIZING THE HISTORICAL SOCIETY OF TEMPLE CITY, with great appreciation, seconded by Coun- cilman Swain and unanimously carried. 15 528 Council Minutes, October 20, 1987 - Page 16 12. ADJOURNMENT On motion by Councilman Atkins seconded by Councilman Dennis the meeting of the City Council adjourned at 11:03 p.m. The next regular meeting will be held on Tuesday, November 3, 1987, at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City. ATTEST: Chief 'De Ztity CitVlerk