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HomeMy Public PortalAboutCity Council_Minutes_1987-11-03_Regular 1987CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 3, 1987 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on October 30, 1987, Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, November 3, 1987. 2. The invocation was given by Reverend Charles Woodworth, First United Methodist Church, 5957 North 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, Froehle, Swain, Gillanders Councilman- Dennis City Manager Koski, Attorney Martin, Commu- nity Development Director Dawson, Parks & Recreation Director 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 Froehle and unanimously car- ried. 5. CONSENT CALENDAR: Mayor Gillanders moved to remove Item 5.F. from the Consent Calendar. Councilman Atkins moved to approve the remainder of the Consent Calender as recommended, seconded by Council- man Froehle and unanimously carried. A. APPROVAL OF MINUTES - Meeting of October 20, 1987 Approved as written. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION MEETING OF OCTOBER 21, 1987 (1) REQUEST FOR USE OF LIVE OAK PARK BY TEMPLE CITY GIRL SCOUTS. Council approved the request of the Temple City Girl Scouts for the use of Live Oak Park on Decem- ber 21, 1987 for their annual Christmas Party, subject to insurance certificate. (2) REQUEST FOR USE OF LIVE OAK PARK FACILITIES BY TEMPLE CITY AMERICAN LITTLE LEAGUE. Council approved the use of Live Oak Park facili- ties for the Temple City American Little League for their January, 1988 registration; regular baseball season from February 1, through July 31, 1988 and their annual Pancake Breakfast in June, subject to insurance certificate. 1 .5 5 5 6 Council Minutes, November 3, 1987 - Page 2 (3) REQUEST FOR USE OF TENNIS COURTS AT LIVE OAK PARK BY TEMPLE CITY TENNIS CLUB. Council approved use of the Live Oak Park Tennis Courts for the Tennis Club 1988 tournaments and special events subject to insurance certificate. C. RENEWAL OF JOINT POWERS AUTHORITY AGREEMENT RE: SAN GABRIEL VALLEY ANIMAL CONTROL AUTHORITY. Council approved the renewal of the San Gabriel Valley Animal Control Authority Joint Powers Agreement, extend- ing Authority to June 30, 1992, and authorized Mayor to sign. D. ACCEPTANCE OF WORK - NEW ROSEMEAD BOULEVARD STREET LIGHTS, FRICKE CONSTRUCTION CO. Council accepted work performed by Fricke Construction Co. in installation of nine :aw street lights on Rosemead Blvd., authorized City i_lerk to file Notice of Completion, authorized payment in the amount of $6,554.52 to Fricke Construction Co. and authorized payment of 10% retention in the amount of $3,641.40 at the end of 35 days E. UNDERGROUND DISTRICT - LIVE OAK PARK: ADOPTION OF RESOLUTION 87 -2743. Council adopted Resolution No. 87 -2743, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A NEW DATE FOR COMPLETION OF UNDERGROUND UTILITY DIS- TRICT NO. 6. G PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF OCTOBER 27, 1987. City Council received and filed the memo outlining action taken by the Planning Commission at their October 27, 1987 meeting. H. RESOLUTION NO. 87 -2744: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 87 -2744 approving claims and demands in the amount of $233,094.59. F. ORDINANCE NO. 87 -618 (2nd reading) ZONE CHANGE 87 -865 CHANGE IN ZONING FOR THE AREA GENERALLY LOCATED NORTH OF GARIBALDI TO THE CITY LIMITS AND BETWEEN ROSEMEAD AND BALDWIN. Terri Grando, representing Yolanda Spears, 6427 N. Sultana, wished to present to Council a petition signed by seven residents of the neighborhood. It was her contention that the people were not aware of the differ- ences between R -1 and R -3. Councilman Swain stated that for the last two years there have been many public meetings, public hearings and discussions on the General Plan amendments. The General Plan has already been adopted which is what instituted the Zone Change. The Zone Change is already well underway and it will take a General Plan Amendment to reverse the action taken so far. The residents who have signed the petition may immediately apply for a General Plan Amendment and then a Zone Change to reverse the process. Council Minutes, November 3, 1987 - Page 3 Councilman Atkins moved to waive further reading and adopt Ordinance No. 87 -618, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -865, MAPS A, B, AND C, seconded by Councilman Swain and unanimously carried. 6. UNFINISHED BUSINESS: A. CONTINUED PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION OF ZONE VARIANCE 87 -871 at 6168 ENCINITA AVENUE (CAMPOS). City Manager Koski provided background information stating that a public hearing was conducted on this Appeal at the City Council meeting of October 20, 1987. Due to the fact there was a tie vote, the item was continued. The request involves a zone variance to allow the reconstruction of and addition to a nonconforming residential structure located on a 22,497 square foot R -1 zoned lot. The Planning Commission approved the subject variance by a three to one vote at their meeting of September 22, 1987. 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 else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Froehle stated that what Mr. Campos was pro- posing was not major expansion or improvements but on the other hand the ordinance very specifically states that nonconforming units may be maintained but not enlarged. Mr. Campos is proposing an enlargement and in order to grant a variance, certain conditions must exist; 1) exceptional or extraordinary circumstance, 2) it is necessary for the preservation and enjoyment of the property , 3) that it will not be materially detri- mental to the public welfare or injurious to adjacent properties. It is Councilman Froehle's opinion that this request is in violation of the ordinance and since it does not meet the conditions stated in the ordinance for exception, he cannot justify the approval of Zone Variance 87 -871. Councilman Swain concurred with Councilman Froehle and in addition, stated the applicant had designated the front house as the main building on the property there- fore, agreeing that the other houses were legally nonconforming. Councilman Swain indicated she would not be in favor of granting the variance. Councilman Atkins stated that the improvements the applicant is proposing are cosmetic and he feels that if Council prevents the individual from making these modest improvements there is a greater chance of it having an adverse affect on the neighboring properties than if they allow him to make the changes. He also stated that due to the fact the changes are so minor, he is in favor of approval. Mayor Gillanders stated he is not concerned with this actual property but instead on the precedence being set by allowing a variety of nonconforming uses to be modified. He stated he was not in favor of approval. 554 Council Minutes, November 3, 1987 - Page 4 Councilman Froehle moved to deny Zone Variance 87 -871 due to the fact it is not an extraordinary or excep- tional circumstance and it is not necessary for the preservation and enjoyment of the property, seconded by Councilman Swain and carried with Councilman Atkins opposing. B. CONTINUED 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 stating that this public hearing was continued from the City Council meeting of October 20, 1987. The applicant is requesting a conditional use permit to allow the construction of an 8 -unit condominium project. The project consists of two levels of living area over semi - subterranean parking. Access would be taken from Cloverly Avenue. At the previous meeting, concern was expressed regarding vehicular access from the proposed semi - subterranean parking area. In particular, there was concern for pedestrian safety along the east side of Cloverly Avenue. The architect was asked to refine the elevations in order to illustrate an adequate site vision area for exiting vehicles from the site. The staff has met with the architect and revised plans have been prepared. These plans modify and further illus- trate the proposed driveway slope as it relates to the sidewalk and will provide an alternative roof line which will slightly reduce the overall building height. 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. James Leewong, 9111 Wilshire Blvd, 10th Floor, Los Angeles, stated he was requested by Raleigh Overseas Industries to represent them. He presented the Council with a brief handout which summarized the case. He stated the key issue was the safety factor of the in- gress and egress to the subterranean parking lot under- neath the building. It is his opinion that this issue would be addressed by the architect, Mr. David Mi. The second issue which was raised was the height issue. Although the Temple City zoning code does not provide for a specific definition of the number of stories which could be developed on a specific sight, the height limit is set at a maximum of 35'. The original submission of plans and documents indicated a maximum height of 32', which is well within the code requirements. Due to the concern of some of the neighbors, an attempt was made to bring down the height of the building, even though it already was below code. Those revised drawings have been submitted and show a maximum height of 29'. It is his opinion that, although both drawings submitted are well within code, that the first drawings better preserve the design integrity of the building. Mr. Leewong wished to address the issue of the traffic. He indicated that as a simple experiment photos were taken at various hours of the day, an average business day, and, in addition, a tally count of traffic during specific 30 minute periods was taken. The counts were taken at 8:30 a.m - -47 cars which shows 1.6 cars per minute, 12:00 p.m. - -89 cars which shows 3 cars per minute, 4:45 p.m. - -153 cars which is 5 cars per minute. It is Mr. Leewong's opinion that there is not a major traffic problem with respect to this area. With regards to the zoning he stated that he feels the use is compatible. North of the property is all commercial on Las Tunas and surrounding the property the zoning is R -3. The R -1 zone does not come about until further South, therefore making this area a buffer zone between the commercial and the R -1 zones. Council Minutes, November 3, 1987 - Page 5 David Mi, 1260 Huntington Drive, So. Pasadena, wished to apologize for not having a clear indication on the first submission drawings with regard to the relationship between the exiting street and the driveway elevation. New drawings clearly indicate the relationship between the driveway and the public street. There has been a revision made on the sight plan which shows a cutback without any raise of the grade to assure the driver can see any pedestrian on the sidewalk starting from where the building begins to the property line at a 45 degree angle. Additionally, they have studied the California State Law which indicated the need for a stop sign so drivers must make a full and complete stop before enter- ing the street. He feels with these revisions he can assure the safety for the traffic. Mayor Gillanders indicated that he felt all the changes were responsible changes, however, if a car was parked near the exit along the curb, a car leaving the driveway would have a blind spot to the left and would not be able to see vehicles approaching. Additionally, al- though Mr. Leewong did an excellent job of his traffic count, there were more vehicles in one hour on this street than usually travel on most of the streets in Temple City in an entire day. Councilman Atkins inquired as to whether the finished grade of the garage floor with respect to the sidewalk had been changed at all. Mr. Mi.reiterated that these plans were only clarified as not enough information was originally given and there was no change in the actual plans. As no one else wished to address the City Council on this matter, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Swain stated that there is always a certain amount of risk when leaving a subterranean parking and this situation is not something new since there are others in town and there hasn't been any problems. With the revisions she feels it is a relatively safe egress at this time and has no further problems with the pro- ject. Councilman Atkins concurred with Councilman Swain and stated the project is consistent with the surrounding properties and given the improvements he is in favor of the project. Councilman Froehle concurred and added the project meets the parking requirements, the height requirements, the setback requirements and the zoning requirements, there- fore, cannot see any basis of denial. Additionally, there were concerns with regards to safety and the suggestion of placing a stop sign at the end of the driveway is a condition he felt should be added. Mayor Gillanders stated he felt the revisions did make it more compatible with the neighborhood and the revi- sions on the driveway drastically improve it. City Council specifically indicated that either of the submitted building elevations would be acceptable. rc- Council Minutes, November 3, 1987 - Page 6 Councilman Swain moved to approve Conditional Use Permit No. 87 -862 to allow construction of a three (3) story 8 -unit condominium with semi - subterranean parking and retaining walls along the side property lines at 5808 Cloverly Avenue subject to compliance with all of the cc::ditions listed in Planning Commission Resolution No. 87- 1366PC adding a condition requiring that a stop sign be installed adjacent to the access driveway where it intersects with the Cloverly Avenue right -of -way, sec- onded by Councilman Atkins and unanimously carried. C. CONTINUED PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE PERTAINING TO NONCONFORMING BUILDINGS, USES AND STRUCTURES. 1: J 5'51 City Manager Koski provided background information stating the Planning Commission considered the subject code amendment to allow for the reconstruction of par- tially or totally destroyed structures at their meetings of September 8, and September 22, 1987.. The City Coun- cil considered this item at their meeting of September 29, 1987. At that time the item was continued to a joint study session with the Planning Commission to be held October 19, 1987. At the joint session, alterna- tive code amendments were reviewed and discussed. A general consensus was reached and this draft was re- viewed at the Planning Commission meeting of October 27, 1987 where the Commission concurred with staffs exhibit. It was noted that any restored structure would have to be brought into conformity with current zoning require- ments if it could reasonably be achieved. The City Attorney advises staff that this limitation could create a degree of question in the minds of lenders or an element of doubt regarding the absolute right to rebuild a partially or totally destroyed structure. 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 else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Mayor Gillanders read the proposed ordinance in its entirety. Councilman Froehle stated he felt the ordinance was needed and agreed with City Attorney Martin that the ordinance in its present form could leave an element of doubt in the lenders mind and suggested alternative wording although it was his opinion this could be redun- dant. Councilman Atkins indicated that the need for this type of ordinance is unquestion ::hle. It was his opinion that this ordinance was clear anti he doesn't like additional wording but if it is necessary to clarify he would be in favor of it. Councilman Swain concurred with Councilman Atkins and Froehle and stated she felt comfortable with the ordi- nance as it was but should there be a need for addi- tional verbiage, she would be in agreement. Mayor Gillanders concurred and stated he was willing to add verbiage if City Attorney Martin suggested. Councilman Swain moved to approve the Negative Declara- tion, seconded by Councilman Atkins and unanimously carried. Council Minutes, November 3, 1987 - Page 7 After discussion, Councilman Froehle moved to direct City Attorney Martin to clarify the ordinance with regard to the element of doubt of the rebuilding issue, seconded by Councilman Atkins and unanimously carried. City Attorney Martin introduced for first reading as read in its entirety by Mayor Gillanders Ordinance No. 87 -620, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE PER- TAINING TO NONCONFORMING BUILDINGS, USES AND STRUCTURES. 7. NEW BUSINESS: A. PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS -10766 & 10770 GRAND AVENUE, SOUTH SIDE, FROM ARCADIA WASH TO MC CLINTOCK AVENUE (Chapter 27, Improvement Act of 1911, Streets and Highways Code) City Manager Koski provided background information stat- ing that on January 21, 1986 the City Council approved, under Chapter 27 procedure, the installation of curb, gutter and drive approaches at two properties where none previously existed. This work was included in the Damon Construction Co., wheel chair ramps, curb, gutter, sidewalk and pavement project 86/87 -1. The work has been completed and inspected, with City Council accep- tance of the project on September 29, 1987. Legal notices of the assessment hearing have been sent to the two affected property owners. As with all similar Chapter 27 projects, the City shares the cost of curbs and gutters with the owners and picks up all cost for engineering design and inspection. Property owners are to pay the full cost of driveways behind the curb. 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 else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Swain moved to approve the assessments and instruct the Superintendent of Streets to notify the property owners, seconded by Councilman Atkins and unanimously carried. B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE 87 -867 AT 6050 NORTH LOMA (T. Katsaros) City Manager Koski provided background information stated that on September 22, 1987 the Planning Commis- sion denied the subject variance to allow a storage room 2 feet 6 inches, instead of the required 5 feet, from the rear property line on a reverse corner lot in the R -1 zone. The site is currently improved with a single family house and a detached, 2 car garage. The applicant proposes to construct a 128 square foot storage room addition to the rear of the existing garage. The neigh- boring property to the east currently has a detached garage situated 2 feet 4 inches from the property line. On regular interior lots an accessory structure may be located up to the rear and side property lines in the rear one -third of the lot. However, on a reverse corner lot the code requires a 5 foot setback. The Planning Commission denied the subject request 3 to 0. The applicant appealed this action on September 30, 1987. Council Minutes, November 3, 1987 - Page 8 Councilman Atkins moved to include the Planning Commis- sion minutes and materials as part of the record of Council's public hearing, seconded by Councilman Froehle and unanimously carried. Mr. Bob Dawson presented a video of the subject lot to the council. 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. Mr. Themistokles Katsaros, 6050 Loma Avenue, stated he was requesting more storage area due to the fact he is planning on adding to his home. He stated it was pro- posed at the last meeting to add this area to the side of his garage but unfortunately it would take the entire length of his garage and he would have to cut down 3 trees.. Mr. Katsaros stated the slab of concrete behind the garage was already there when he purchased the house and was utilized for a 4' storage area which he tore down before he knew what the setbacks were for his property. Mr. Gordon Robbins, 9156 Garibaldi, stated he has been a neighbor of Mr. Katsaros for 15 years and feels that Mr. Katsaros is a responsible property owner. Mr. Robbins indicated his support of this variance. Mr. Earl Neil, 9155 Garibaldi, stated he would like to confirm what Mr. Robbins had said and wanted to point out the improvements Mr. Katsaros had made and the plans he has for the future are a credit to the City. Addi- tionally, he added Mr. Katsaros is a deserving citizen and it was his opinion the appeal should be granted. As no one else wished to address the City Council on this Appeal, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Froehle stated that on a regular interior lot an accessory structure, which this would be, may be located up to the rear and side property lines. Mr. Katsaros runs into a snag due to the fact his lot is a reverse corner lot. Secondly, Mr. Katsaros request would have the addition backing directly up to another garage, not a house, therefore, no one would be dis- turbed by it. Councilman Froehle indicated he had no objection to Zone Variance 87 -867. Councilman Atkins concurred with Councilman Froehle. Councilman Swain also concurred and added that Mr. Katsaros had the additional burden of being a corner lot which did not usually allow for much yard area which is usable to the property owner. Based on the fact there was no plumbing being installed in this addition, Coun- cilman Swain was in favor of granting this Zone Vari- ance. Mayor Gillanders indicated that since the granting of this variance would not be materially detrimental to the public welfare or injurious to the adjacent property he was in favor of granting this zone variance. 5- Council Minutes, November 3, 1987 - Page 9 Councilman Froehle moved to approve Resolution No. 87 -2745, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE VARIANCE 87 -867, A REQUEST BY THEMISTOKLES KATSAROS FOR A ZONE VARIANCE TO ALLOW A STORAGE ROOM ADDITION 2' 6" INSTEAD OF THE REQUIRED FIVE (5) FEET FROM THE REAR PROPERTY LINE ON A REVERSE CORNER LOT LOCATED AT 6050 LOMA AVENUE, seconded by Councilman Atkins and unanimously carried. C. PUBLIC HEARING: ZONE CHANGE 87 -870 FOR THE AREA GENER- ALLY LOCATED SOUTHERLY OF LIVE OAK TO LOWER AZUSA ROAD AND BETWEEN ROSEMEAD AND DOREEN City Manager Koski provided background information stat- ing that on September 22, 1987 the Planning Commission conducted a public hearing on this zone change with only three Planning Commissioners present. After opening the public hearing and while reviewing the first map, it was evident that three affirmative votes to accomplish the Commission's desires could not be obtained. Therefore, the Commission continued the public hearing to October 13, 1987. At that time with four members present, the Commission again conducted the public hearing and recom- mended that Map 1 be approved as advertised, Map 2 approved as advertised with the exception of the north- erly lot located on the east side of Encinita. This lot was proposed to be changed from M -1 (Light Industrial) to R -2 (Medium Density Residential). The subject lot has had a commercial kennel use for a great number of years. This use is conditional on an M -1 Zone and not permitted in an R -2 Zone. Therefore, the Commission recommends that there be no change in zoning for the lot located at 4916 N. Encinita. It is staff's intention (if Council agrees with the Commission ) to show the lot in question as industrial on the General Plan. Council has in the past given staff this latitude to correct the General Plan because of obvious land use errors. Maps 3, 4, 5, 5, & 7 are recommended to be approved as adver- tised. 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 Atkins and unanimously carried 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. MAP 1 Councilman Atkins moved to adopt zone changes as adver- tised in Zone Change 87 -870, Map 1, seconded by Council- man Swain and unanimously carried. MAP 2 Merla Murphy, 4916 Encinita, stated she and her husband were the owners of the Chasmerla Kennels. She indicated that in L.A. County and in Temple City you must have an M -1 zoning to have a kennel. When the property was purchased it was zoned M -1 and they would like it to remain the same. They personally have had a business license for 15 years and there has been a kennel on this property for 20 years. 1:5 548 Council Minutes, November 3, 1987 - Page 10 Mr. Laity, 9557 N. Broadway, stated he has done business with these people for the last 13 years and it is the finest kennel in the county. They have continued to upgrade it throughout the years. Would like to have Council look upon this favorably and allow it to remain M -1. Councilman Atkins moved to adopt Zone Change 87 -870, Map 2 as presented by the Planning Commission, seconded by Councilman Froehle and unanimously carried. MAP 3 Mr. E. R. Nields, 5603 Heleo, presented a petition to the Council of homeowners from the area who are object- ing to this zone change due to low water pressure over the last few years. It is their opinion that adding five or six homes onto the water line would add to the problem they are already experiencing. Additionally, it is the opinion of the petitioners that there would be difficulty installing a trouble free underground storm drain system. Mr. Nields indicated that he has already spoken to the Public Utilities Commission with regard to the water pressure in this area. Mr. Nields also requested to meet with City Manager Koski regarding getting help for this problem. Chris Gubler, 9441, 9439 & 9437 E. Broadway, indicated he openly supports the zone change concerning the Broad- way properties due to the fact it is consistent with the outlying properties on Broadway. He stated that three years ago when this property was up for a nonconforming use public opinion was for them to stay and he feels a commitment was made, therefore, the commitment should continue so they may resolve the problem associated with that property. Councilman Swain indicated that this piece of property has been a questionable piece of property for many years. When the City became incorporated there was the understanding that eventually this business would be abated although there was no abatement period given to them. They have moved their business to the desert and have approached City Hall with various types of solu- tions to their problems, some of which have been denied because they were going to lease to people who were going to use it for commercial business which is what had been there before and since the area is residential it could not be approved. It is obvious that 29,500 square feet of property is not a piece of property you are going to build a single residence on. She stated it was her opinion the correct zoning for this property would be R -2 but feels there are some problems which will need to be addressed and there needs to be some conditions attached to this property. Councilman Froehle indicated he concurred with Council- man Swain. Additionally, he feels that this property could be a buffer, as it is next to a church and a school. Councilman Atkins stated that he agreed with Councilman Froehle with regard to the 29,500 square foot property. Mayor Gillanders stated that the problem is basically the size of the lot in the middle of the residential area and once the water problems and the drainage prob- lems have been resolved, the lot will most likely be developed to its maximum potential. 4 Council Minutes, November 3, 1987 - Page 11 Councilman Atkins moved to approve Zone Change 87 -870, Map 3 as presented by the Planning Commission, seconded by Councilman Swain and unanimously carried. MAP 4 Councilman Swain moved to approve Zone Change 87 -870, Map 4 as presented by the Planning Commission, seconded by Councilman Atkins and unanimously carried. MAP 5 Jerry Mandler, 4823 Camellia, stated his property is one lot above the three homes and would like this property zoned R -2 since it does have an alley exit. It is his intent to build a unit on the back of the property. Council advised Mr. Mandler that due to the fact this property is not within the zone change that has been noticed it is out of the jurisdiction of the City Coun- cil at this public hearing and referred him to the Planning Commission for an application for a General Plan amendment. Mr. George Sotolongo, 4803 Camellia, owns the property on 9621 Lower Azusa Road, stated if he gets down zoned he will not be able to utilize this property fully. Mr. Koski gave background information with regard to this specific property. A number of years ago a use variance was granted to the property owner who lived on the property to run a termite business. He was granted a specific use variance, since then it has terminated and has been left with a land use variance for a termite business and nothing else. City Attorney Martin indicated that originally a vari- ance was granted by the City on this property for a limited purpose. The City can no longer issue use variances so the only use variance which can be utilized is the one which was originally granted. Councilman Swain moved to approve Zone Change 87 -870, Map 5 as presented by the Planning Commission with the understanding that two pieces of property discussed shall be referred back to the Planning Commission for further study for a possible General Plan Amendment, seconded by Councilman Froehle and unanimously carried. Recessed at 9:53 City Council reconvened at 10:05 MAP 6 Mary Lawyer, 4826 Doreen, stated she submitted a letter to Planning Consultant Tooker regarding her property, as she was directed, since she was not on the Zone Change but would like to have her lot considered. In addition, she stated she would prefer to see the properties in question zoned R -1. Mayor Gillanders informed Ms. Lawyer that due to the fact the property in question is not within the Zone Change which was noticed, that it is out of the juris- diction of the Council at this public hearing and referred her to the Planning Department to fill out an application for a General Plan Amendment. 1..5 546 Council Minutes, November 3, 1987 - Page 12 Lavonne Stahlman, 4911 N. Glickman, her property is adjoining the proposed zone change. She stated she is in favor of the zone change and indicated she was in the same position of the others with regard to wishing to be considered for a General Plan Amendment and would follow the proper channels. Mr. D. Steinwinter, 4821 N. Hallowell, stated he was in favor of the zone change of R -1 to R -2. Dwane Carter, 4815 Hallowell, stated he was in favor of the R -2 zoning since in his opinion the lots are large enough. Robert LoPresto, 4816 Hallowell, stated he was in favor of the zone change from R -1 to R -2. Mayor Gillanders inquired if the reason for the zone change was due to the creation of a buffer zone for the commercial area and was there any consideration given to the size of the lots. Mr. Tooker indicated that the reason for the zone 'change was for the creation of the buffer zone and to his knowledge there wasn't any consideration given to the size of the lots. Councilman Swain indicated that in the areas of Doreen, Halifax and Hallowell there has been no move towards higher density in the area and most of these lots have single family residential on them at the present time. It is her opinion that these lots may be deep but they are also very narrow and she feels that there may be some difficulty with driveway and on street parking. Councilman Swain would like to see this area remain R -1. Councilman Froehle stated that the feedback Council received and the research which was done indicates the area should be R -2. He agrees with the concept of the buffer zone and would like to see this area be zoned as proposed which is R -1 to R -2. Councilman Atkins concurs with Councilman Swain with regards to the particular area on Hallowell, Halifax and Doreen remaining R -1. He also stated he has no problem with the areas on Arden and Glickman being zoned R -2 since for the most part they are currently being util- ized as R -2. Mayor Gillanders indicated that this map should be referred to as two separate areas, the properties on Glickman and Arden and the areas on Hallowell, Halifax and Doreen. The first area is primarily currently being used as R -2 so it is his opinion that this area become zoned R -2. The second area is really an area with primarily single family residences and should remain R -1 Councilman Atkins moved to approve Zone Change 87 -870, Map 6, on those properties that face on Glickman and face on Arden, seconded by Councilman Swain and unani- mously carried. Councilman Atkins with reference to properties in Zone Change 87 -870, Map 6 which are designated on the map to change from R -1 to R -2, facing on Hallowell, on Halifax and Doreen, moved to refer those back to the Planning Commission for their review to adjust the density to low density and to remain R -1, seconded by Councilman Swain and unanimously carried. 15 4 :) Council Minutes, November 3, 1987 - Page 13 MAP 7 Councilman Atkins moved to approve Zone Change 87 -870, Map 7 as presented by the Planning Commission, seconded by Councilman Swain and unanimously carried. As no one else wished to address the City Council on this matter, Councilman Froehle moved to close the public hearing, seconded by Councilman Atkins and unani- mously carried. City Attorney Martin introduced for first reading by title only Ordinance No. 87 -619, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE 87 -870, MAPS 1 -7 as indicated above. Councilman Swain moved to waive further reading, sec- onded by Councilman Froehle and unanimously carried. D. PUBLIC HEARING: ORDINANCE NO. 87 -616 (2nd reading) ADOPTION OF THE LOS ANGELES COUNTY SANITARY SEWERS AND INDUSTRIAL WASTE CODE BY REFERENCE City Manager Koski provided background information stat- ing that at the adjourned meeting ,of September 29, 1987, City Council introduced Ordinance 87 -616 for first reading and set public hearing for November 3, 1987. The County Sanitary Sewers and Industrial Waste Code was first adopted by City Council in November 1982 and was updated in 1984, including new fee schedules for various permits. The City has been charging permittees at the old rate, while the County is billing the City at the new rate. Therefore, the revised County Ordinance needs to be adopted to supersede the old 1982 Ordinance which is now out of date. 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 else wished to address the City Council on this matter Councilman Atkins moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Froehle moved to waive further reading and adopt Ordinance 87 -616 AN ORDINANCE OF THE CITY COUNCIL OF TEMPLE CITY AMENDING SECTION 6200 OF THE TEMPLE CITY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE LOS ANGELES SANITARY SEWER AND WASTE ORDINANCE, seconded by Council- man Swain and unanimously carried. 8. COMMUNICATIONS: None 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 October 20, 1987 meeting and adopted Resolution :No. CRA 315, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: .5 544 Council Minutes, November 3, 1987 — Page 14 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. REQUEST FOR MEDICAL LEAVE OF ABSENCE - RECREATION SUPER- VISOR, CATHY BURROUGHS Councilman Swain moved to authorize a Medical Leave of Absence without pay or accrual of job benefits for Cathy Burroughs from December 15, through March 25, 1988, seconded by Councilman Atkins and unanimously carried. B. AUTHORIZATION TO ATTEND CITY CLERK'S ELECTION LAW SEMI- NAR DECEMBER 2 -4, 1987, MONTEREY Councilman Atkins moved to approve attendance of Mary Willford to attend City Clerk's Election Seminar and authorize necessary expenditures, seconded by Councilman Froehle and unanimously carried. C. DONATION RECEIVED FROM THE TEMPLE CITY TENNIS CLUB Councilman Swain moved to accept the donation with great appreciation from the Temple City Tennis Club in the amount of $1,387.50 for half the cost of the resurfacing of the three tennis courts at Live Oak Park, seconded by Councilman Atkins and unanimously carried. D. REQUEST FOR USE OF LIVE OAK PARK BY QUOTA CLUB On motion by Councilman Swain, seconded by Councilman Atkins, it was unanimously carried that a "subsequent need" to take action regarding use of Live Oak Park by the Quota Club on November 18th, arose after the posting of the Council Agenda on November 6 Councilman Atkins moved to approve the use of Live Oak Park for their event on November 18th, seconded by Councilman Froehle and unanimously carried. 12. ADJOURNMENT On motion by Councilman Atkins, seconded by Councilman Froehle the meeting of the City Council adjourned at 10:48 p.m. The next regular meeting will be held on Tuesday, November 17, 1987, at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City ATTEST: Chief Detaty City 1 1