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
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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.
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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