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HomeMy Public PortalAboutCity Council_Minutes_1987-07-21_Regular 19871 1 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° 15 474 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. 472 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 471 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. el:Ea _ 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. 15 468 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. 6 1 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 466