HomeMy Public PortalAboutCity Council_Minutes_1987-07-21_Regular 19871
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JULY 21, 1987
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on July 17, 1987, Mayor
Gillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, July 21, 1987.
2. The invocation was given by Pastor Norlyn Brough of the
Church of the Nazarene, 9953 Las Tunas Drive.
3. The Pledge of Allegiance to the Flag was led by Mayor
Gillanders.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Froehle, Swain,
Gillanders
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin,
Community Development Director Dawson, Public
Works Coordinator Peterson and Julie Estrada
of the Temple City Times
APPOINTMENT OF TRAFFIC COMMISSIONER:
Mayor Gillanders opened nominations for the position of
Traffic Commissioner.
Councilman Swain moved to appoint Bernard Keelin to the
position of Traffic Commissioner, seconded by Councilman
Froehle and unanimously carried.
City Clerk Koski administered the Oath of Office, and Ber-
nard Keelin was introduced to each Councilmember.
5. CONSENT CALENDAR:
Councilman Dennis requested that item B. (3) be removed from
the Consent Calendar; Councilman Froehle requested item D.
be removed; and Mayor Gillanders removed item H.
Councilman Atkins moved to approve the remaining items on
the Consent Calendar as recommended, seconded by Councilman
Swain and unanimously carried.
A. APPROVAL OF MINUTES - Regular Meeting of July 7, 1987
Approved as written.
B. RECOMMENDATIONS FROM THE TRAFFIC COMMISSION MEETING OF
JULY 1, 1987
(1) RESTRICTED PARKING - OAK AVENUE
Council concurred with Commission
that signage indicating that there
allowed between the hours of 7:30
a.m. and from 2:00 p.m. to 3:00 p.m.
on the east side of Oak Avenue from
Emperor Avenue.
recommendation
is no parking
a.m. and 8:30
on school days
Camino Real :;`to°
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Council Minutes, July 21, 1987 - Page 2
(2) NEW STOPS - CLOVERLY AVENUE AT DAINES DRIVE AND
CLOVERLY AVENUE AT WEDGEWOOD STREET
Council concurred with the recommendation of the
Traffic Commission that stop signs and bars be
placed on Daines and Wedgewood at Cloverly Avenue.
C. CIVIC CENTER PHONE BOOTH
City Council approved the installation of a second
public pay phone booth in the Civic Center adjacent to
the existing phone booth and authorized the City Clerk
to sign the agreement.
E. 1987 -88 CAPE SEAL & SLURRY SEAL PROGRAM, MAINTENANCE
AREA - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORI-
ZATION TO SOLICIT BIDS
Council approved the plans and specifications for the
1987 -88 Cape Seal and Slurry Seal Program; and author-
ized staff to solicit bids for the project.
F. RELEASE OF GRADING BOND - TRACT #36735; 10235 -10370 KEY
WEST STREET
Council exonerated and released Grading Permit Bond #3SM
574 015 000 for Tract #36735 in the amount of $3,780;
and instructed the City Clerk to notify Fairhaven Devel-
opment Corp. as principal and American Motorists Insur-
ance Co. as surety of the Council's action.
G. FIREWORKS STANDS - 1987 REFUND OF DEPOSITS
Council approved the refund of deposits for fireworks
stands as listed in the staff memo dated July 10, 1987.
I. RESOLUTION NO. 87 -2726: EMPLOYMENT OF BUDGETED PERSON-
NEL
City Council adopted Resolution No. 87 -2726 appointing
budgeted personnel.
J. RESOLUTION NO. 87 -2727: APPROVAL OF PAYMENT OF BILLS
Council adopted Resolution No. 87 -2727 approving the
payment of bills.
B. (3) MERGE LANE - ROSEMEAD BOULEVARD AT TEMPLE CITY
PLAZA
City Manager Koski advised that there appeared to
be some ambiguity as to the exact location of the
merging sign, and he advised a "Merging Traffic"
sign will be posted on the north corner of the
island on Rosemead Boulevard between Las Tunas
Drive and Broadway.
Councilman Atkins moved to approve the Commission's
recommendation as amended regarding the posting of
a "Merging Traffic" sign on the north corner of the
island on Rosemead Boulevard between Las Tunas
Drive and Broadway, seconded by Councilman Swain
and unanimously carried.
D. GRAFFITI REMOVAL - BUS BENCHES
Councilman Froehle advised Councilmembers that the bus
bench at Baldwin and La Rosa has been tipped over and
should be permanently secured in order that this does
not occur again.
Council Minutes, July 21, 1987 - Page 3
Councilman Froehle moved to approve the repainting and
sealing of 40 bus benches by TBBM at a cost not to
exceed $1,240 utilizing Proposition A funds only and to
secure down the overturned bench at Baldwin and La Rosa,
seconded by Councilman Atkins and unanimously carried.
H. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF
JULY 14, 1987
City Manager Koski referred to item #5 of this report
stating that a CUP has been approved for the development
of three new residential units on a lot currently im-
proved with a single family home located at 5945 Prim-
rose Avenue. Initially, approval was given for a duplex
to be built in the rear of the property and was amended
to include an additional unit. At present the proposed
development does not meet the requirement of a 10 -foot
sideyard or 15 -foot sideyard second story setback. This
requirement is now being imposed by the Planning Commis-
sion, and it was staff's desire to have the Council
aware of these facts.
Community Development Director Dawson advised that the
applicant, during the time of the moratorium, returned
with a revised set of plans requesting permission to
build three additional residential units in addition to
the single family residence presently there. Applicant
has returned now that the moratorium is lifted and
requests that he be allowed to build the three units.
Presently, the zoning code requires that, if three or
more units are added, the sideyard will be 10 feet for a
single story structure and 15 feet for the second story
portion of the structure. The subject project will have
a 5 -foot sideyard as the request was submitted prior to
the sideyard determination by the Planning Commission.
As the lots on both sides of the subject parcel have
multiples and are two -story structures, the request is
not inconsistent with the development in the immediate
area.
City Attorney Martin advised that Council may phase out
this type of development now or phase it out where it is
by appealing the decision of the Planning Commission.
Councilman Dennis stated that there appeared to be
several unanswered questions regarding the decision of
the Planning Commission and felt it would best be dealt
with at a public hearing.
Councilman Dennis moved to appeal the decision of the
Planning Commission regarding Conditional Use Permit
86 -807 and Zone Variance 87 -846 to allow development of
three residential units located at, 5945 Primrose Avenue,
and set a public hearing for August 4, 1987, seconded
by Councilman Swain and unanimously carried.
City Manager Koski referred to item #6 of Consent Calen-
dar 5. H. regarding a Zone Variance at 9517 Gidley
Street in which the original application showed the
development of an industrial building with five -foot
sideyard setbacks and a 15 -foot rearyard setback. Staff
is concerned that the industrial building is on the rear
property line and the height of the wall is 28 feet; and
they are presently questioning if development in an M -1
zone adjacent to an R -1 zone should be required to have
at least a 5 -foot setback allowing room for trees or
other type of landscaping and possibly some type of a
differentiation in the building setbacks similar to
apartments.
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Council Minutes, July 21, 1987 - Page 4
Councilman Swain stated that she attended the Planning
Commission meeting at which the subject property was
discussed. The applicant had a plan which indicated
there would be approximately a 10 -foot rearyard; how-
ever, the neighbors to the rear of the property reques-
ted that the yard be eliminated as they felt it would
have the potential of being neglected and becoming a
property nuisance.
It was the opinion of the Councilmembers, after some
discussion, that this matter should be set for public
hearing to get input from the neighbors who would be
affected by the development of this property.
Councilman Swain moved to appeal the decision of the
Planning Commission regarding Zone Variance 87 -826 to
allow no side or rear yards for property located at 9517
Gidley Street, and set public hearing for August 4,
1987, seconded by Councilman Atkins and unanimously
carried.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS -
CURB, GUTTER AND WIDENING OF ALESSANDRO BETWEEN BLACKLEY
AND OLIVE (Pursuant to Chapter 27 - Improvement Act of
1911, Streets and Highways Code)
City Manager Koski provided background information
stating that on December 2 the City Council approved the
plans and specifications to install curbs, gutters and
street widening on the east side of Alessandro between
Blackley and Olive, and on June 16 accepted the work
performed and set for public hearing the assessments for
the street improvements for this evening.
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the subject to come
forward.
As no one wished to address the City Council, Councilman
Swain moved to close the public hearing, seconded by
Councilman Atkins and unanimously carried.
Councilman Atkins moved to approve the assessments and
directed the Superintendent of Streets to notify
property owners and collect the assessments, seconded by
Councilman Froehle and unanimously carried.
7. NEW BUSINESS:
A. PUBLIC HEARING: ZONE CHANGE 87 -837, A PROPOSED CHANGE
IN ZONING FOR THE AREA GENERALLY LOCATED ON BOTH SIDES
OF ROSEMEAD BOULEVARD FROM LONGDEN SOUTH TO ELM, AND ON
THE WEST SIDE OF SULTANA FROM LONGDEN TO ELM
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City Manager Koski stated that, at a public hearing on
June 23 regarding a change of zone with respect to the
General Plan, the Planning Commission approved the zone
change as advertised except for the single lot located
at 8917'East Hermosa, which remains zoned R -2 and is not
consistent with the adopted General Plan. As the prop-
erty was set aside for further consideration by the
Commission, it is now an issue of whether the zoning on
that property should be changed to be consistent with
the General Plan or if the General Plan should be amen-
ded. It is staff's opinion that, due to the fact that
considerable time and money have been spent by the City
Council Minutes, July 21, 1987 - Page 5
in formulating the new General Plan and that the State
Law requires that the zoning of property shall be made
consistent with the General Plan within a reasonable
time, it is prudent at this time to make all zoning
consistent with the General Plan. It is felt that, if
there are areas that need further study, the Planning
Commission and City Council could identify them and
instruct staff to consider those areas for possible
General Plan Land Use Element amendments.
Mel Tooker, Planning Consultant, advised that the reason
for including the lot located at 8917 Hermosa in the R -1
Zone is that, in the overall effort to minimize the
multiple family uses in the City and the lot taking
access onto Hermosa, it was thought best that all prop-
erty facing Rosemead should be higher density; and that
anything on the sidestreets should be low density. It
was the thought of the Planning Commission to consider
the zoning on this particular piece of property after
all the zone changes had been made. If it is the opin-
ion of both the Commission and the City Council that
further study is required before a decision is made, a
study could be made of Hermosa on the west side of
Rosemead as well as Hermosa from Myda east to Encinita,
which is an area which had been marked for further
study. However, it was the recommendation of Mr. Tooker
to zone the property R -1 in order that it is consistent
with the General Plan and at a later date consider an
amendment to the General Plan.
Mayor Gillanders declared the public hearing open and
invited anyone wishing to discuss the matter to come
forward at this time.
Carol Breshears, 8919 Hermosa, stated that, although the
property does not access Rosemead Boulevard, it is
surrounded by multiple -story units with an apartment on
the corner; also, the property directly across the
street, which also does not access Rosemead Boulevard,
is zoned R -3. There is little or no appropriate land
use for property zoned R -1 which is 50' by 200' and
requested that the City Council consider zoning her
property R -3.
As no one else wished to address Council on the matter,
Councilman Dennis moved to close the public hearing,
seconded by Councilman Swain and unanimously carried.
Councilman Atkins stated that he would be in favor of
following staff's recommendation that zoning be made
consistent with the General Plan and at a later date
study this particular property along with any other lots
warranting a zone change.
Councilman Swain concurred and also stated that the
property owners should not incur any further expense,
but that the Council would initiate the General Plan
amendment and studies involved.
Councilman Dennis agreed, but also added that he would
like to receive a specific recommendation from the
Planning Commission.
City Attorney Martin introduced for first reading by
title only Ordinance No. 87- 61O. AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE
CHANGE 87 -837.
Councilman Atkins moved to waive further reading, sec-
onded by Councilman Swain and unanimously carried.
Council Minutes, July 21, 1987 - Page 6
B. PUBLIC HEARING: APPEAL OF DECISION OF PLANNING COMMIS-
SION APPROVING ZONE VARIANCE NO. 87 -835, 5342 CAMELLIA
AVENUE
City Manager Koski provided background information
stating that the Planning Commission approved a Zone
Variance on June 9 to Taun Schlotfeldt to build a two -
story addition to her single - family residence to within
ten feet of the rear property line in lieu of the re-
quired 15 feet. The addition would consist of a den on
the first floor and a master bedroom on the second
floor. The configuration of the lot imposes special
circumstances which are not applicable to most R -1 zoned
parcels in the City in that most parcels have a wider
front yard and have the dwelling unit oriented toward
the street rather than a side yard area. The proposed
two -story addition complies with the required five -foot
side yard to the south. Although the rear yard area
would be reduced from 15 feet to ten feet, the dwelling
unit on the property to the east is not situated close
to the rear yard property line and the house on this
abutting lot is buffered by rather large trees. On June
15 the Zone Variance was appealed to the City Council by
Michael and Jane Thomas who own property at 5338 Camel-
lia Avenue.
Following a video presentation of the subject property
given by Community Development Director Dawson, Mayor
Gillanders declared the public hearing open and invited
anyone wishing to address the matter to come forward.
Jane Thomas, 5338 Camellia Avenue, the appellant, stated
that in the staff report dated July 15 reference is made
to the privacy of each neighbor with the exception of
the Thomas's. Mrs. Thomas objected to the fact that the
Schlotfeldt's could look directly into the Thomas home
and backyard thereby invading their privacy. She also
felt that the addition to her neighbor's home, as pres-
ently planned, would reduce the value of her property,
and recommended that the Schlotfeldt's build on top of
their presently existing structure.
Taun Schlotfeldt, 5342 Camellia Avenue, advised the City
Council that they plan to add an additional bedroom and
a family room, adding an additional six feet to the
width of their present side addition with a second
floor. Also, the only window which will face the Tho-
mas's property is a stained glass window in the stair-
well. Mrs. Schlotfeldt distributed to the Councilmembers
copies of letters from four neighbors sharing a property
line with the Schlotfeldts' and indicating their concur-
rence with the proposed plan, and also a letter from the
designer in conjunction with an engineer and contractor
indicating the reasons why it would not be feasible to
add to the present existing structure.
As no one else wished to address the Council on the
appeal, Councilman Dennis moved to close the public
hearing, seconded by Councilman Swain and unanimously
carried.
Councilman Froehle stated that the Schlotfeldts' request
for a 15 -foot wide addition is reasonable; the only
window facing the Thomas's property will be stained
glass and in the stairwell; and it does not appear that
the Thomas's privacy will be impeded in any way.
Therefore, it was Councilman Froehle's feeling that the
Planning Commission's findings be supported and the
variance granted.
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Council Minutes, July 21, 1987 - Page 7
Councilman Atkins concurred with the points brought up
by Councilman Froehle; and added that, since both neigh-
bors will have a two -story addition, the Schlotfeldts'
addition should'not cause any ill- effect on the Thomas
property.
Councilman Swain stated that she has concern with
encroachment of neighbors' space. Residents in the
community have voiced a concern for their right to air
and sunlight when a neighbor builds too close to the
property line.
Councilman Dennis stated that the neighbor to the east
of the Schlotfeldt property would be the most affected
by the proposed addition, and they have not objected.
The prevailing winds are from the southwest and, there-
fore, will not preclude the Thomases from getting circu-
lation of air. Also, the sunlight will not be cut off
by the addition. Therefore, Councilman Dennis advised
that he would be in favor of granting the zone variance.
Mayor Gillanders stated that he had viewed the property
in question and feels that there is adequate open space
available, and an addition to the existing structure
does not appear feasible due to the questionable sound-
ness of the building.
Councilman Dennis moved to deny the appeal and support
the decision of the Planning Commission approving a zone
variance at 5342 Camellia Avenue, seconded by Councilman
Atkins and carried on a roll call vote.
ROLL CALL:
AYES: Councilmen- Atkins, Dennis, Froehle, Gillanders
NOES: Councilmen -Swain
8. COMMUNICATIONS:
A. CHAMBER OF COMMERCE - SIDEWALK SALE, SATURDAY, JULY 25
City Manager Koski advised that correspondence from the
Chamber of Commerce requesting permission to use the
public right -of -way for a sidewalk sale on Saturday,
July 25 between the hours of 9:30 a.m. and 4:30 p.m.
between Primrose and Kauffman was received after the
posting of the Agenda. No street banners are involved
and a limited number of placards will be posted on the
cable poles by the public parking areas to the rear of
the businesses.
On motion by Councilman Swain and seconded by Councilman
Froehle, it was unanimously carried that a "subsequent
need" to take action on the subject matter arose after
the posting of the Agenda on July 17.
Mayor Gillanders requested that Councilman Swain advise
the Chamber of Commerce of the need to have such re-
quests submitted in a timely manner especially since
this must have been planned some time ago.
Councilman Dennis moved to approve the request of the
Chamber of Commerce to use the public right -of -way for a
sidewalk sale on Saturday, July 25, 1987, from 9:30 a.m.
to 4:30 p.m. between Primrose and Kauffman, seconded by
Councilman Atkins and unanimously carried.
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Council Minutes, July 21, 1987 - Page 8
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Wayne Eddington, 5816 Myda Avenue, requested clarification
on Council's action concerning 7. A. Zone Change 87 -837.
City Manager Koski responded advising Mr. Eddington that the
City Council adopted the Planning Commission's recommenda-
tions to rezone the properties to R -1 in order that the
zoning would be consistent with the General Plan. The
Ordinance will have a second reading at the next Council
Meeting and will become effective within thirty days after
August 4.
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the meeting of July 7, 1987; and adopted Resolution No. CRA
308: Warrants and Demands. The Minutes are set forth in
full in the records of the Agency.
10. ACTION ON REQUEST BY CRA:
None
11. MATTERS FROM CITY OFFICIALS:
A. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION
MEETING OF JULY 15, 1987 - REQUEST FOR USE OF LIVE OAK
PARK, SAN GABRIEL VALLEY JR. ALL - AMERICAN FOOTBALL
City Manager Koski advised that the San Gabriel Valley
Junior All- American Football group has requested use of
the auditorium at Live Oak Park, with fees to be waived,
on either August 11 or September 8, 1987, from 7:15 to
9:45 p.m. to conduct a meeting for football athletic
directors.
Councilman Atkins moved to approve the request of the
San Gabriel Valley Junior All- American Football for use
of Live Oak Park and requested the Director of Parks and
Recreation to coordinate the use of the auditorium,
seconded by Councilman Swain and unanimously carried.
B. Councilman Froehle advised that he had met with a group
of residents from the Camellia /Garibaldi area who were
concerned about the speed at which cars are travelling
along Garibaldi, and the standing water at the subject
intersection. Councilman Froehle stated that apparently
both problems are now being taken care of by staff.
C. Councilman Froehle requested clarification of the role
Casner Consolidated of San Marino plays in the problem
of the hazardous waste complaint at 5628 Rosemead Boule-
vard.
City Manager Koski responded that Casner is the owner of
the property, and the Health Department presently has
the situation under investigation.
D. Councilman Froehle advised that the San Gabriel Valley
Association of Cities has formed a Solid Waste Manage-
ment Task Force, of which Councilman Swain is a member,
and has requested financial support. Councilman Froehle
recommended that the request be placed on the Agenda of
August 4.
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Council Minutes, July 21, 1987 - Page 9
E. Councilman Swain advised that in August she plans to
visit a trash -to- energy plant which has been in opera-
tion in the state of Oregon for the past two years. She
plans to get a report of how well it's working, informa-
tion of toxics emitted from the plant, and the opinions
of the neighboring cities. When this information is
compiled, Councilman Swain will report her findings to
the City Council.
F. Mayor Gillanders requested members of the Council to
remind councilmembers in other cities to be sure to
attend the annual meeting of the Joint Powers Insurance
Authority on July 29th at which time elections will be
held and voting on by -law changes.
12. ADJOURNMENT:
On motion by Councilman Froehle, seconded by Councilman
Atkins, the meeting of the City Council adjourned at 9:20
p.m. to a closed session to discuss a personnel matter. The
next regular meeting will be held on Tuesday, August 4,
1987.
ATTEST:
Cei
Chief De• ty City Cl
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