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.
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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:
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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
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