HomeMy Public PortalAboutCity Council_Minutes_1966-03-01_Regular 1966COUNC I L M I NUTES
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORN!A
MARCH 1, 1966
INITIATION:
1. Mayor Harker called the regular meeting of the City Council to
2. order at 7:30 P. M. Councilman Nunamaker gave the invocation
3. followed by the Pledge of Allegiance to the Flag led by the
Mayor.
4. ROLL CALL:
PRESENT: Councilmen - Dickason, Merritt, Nunamaker, Harker
ABSENT: Councilman - Tyrell
ALSO PRESENT: City Attorney Martin, Planning Director
Dragicevich, Traffic Engineer Envall, City Manager
Koski
5. APPROVAL OF MINUTES: Regular meeting of February 15, 1966.
Councilman Merritt moved to approve the minutes of the regular
meeting of February 15, 1966, as mailed, Councilman Nunamaker
seconded, and the motion carried unanimously.
PUBLIC HEARING: 7:30 P. M. Re Amendments to the Zoning Ordinance Per-
taining to Side and Rear Yard Setbackes in Residential Zones.
Councilman Merritt moved to open the public hearing, Councilman
Nunamaker seconded and the motion was unanimously carried.
Planning Director Dragicevich presented the Planning Commissicr
recommendation.
7 :38 P. M. Councilman Tyrell arrived at this time.
Mr. Dragicevich stated the recommendations as follows:
a. that minimum required side yard on any interior residential
lot be 5 ft:
b. that the side yard on any residential lot which abuts on a
street be not less than 10 ft:
c. that the minimum required rear yard on any residential lot
be 15 feet for main buildings;
d. that minimum distance between main buildings on any reside;•
tial lot and any other building shall be not less than
10 feet.
Mayor Harker asked if anyone wished to speak for or against the
recommendations. No one came forward to speak.
Councilman Nunamaker moved to close the public hearing, Council-
man Merritt seconded, and the motion carried unanimously.
Following discussion by the Council, Councilman Nunamaker moved
to instruct the City Attorney to draw an ordinance in conform-
ance with the Planning Commission recommendations, Councilman
Dickason seconded, and the motion was unanimously carried.
PUBLIC HEARING: 7:30 P. M. CURB & GUTTER
a. 'Ioolley St., north side between Sultana & Livia
b. Live Oak Ave., south side, Rosemead westerly to Eaton Wash,
curb & gutter and street widening improvement
c. Sultana Street Improvements
Mayor Harker declared the public hearing open for items "a "and
"b's
Administrative Assistant Recupero advised on the south side of
Live Oak under item "b" between Rosemead and Eaton Wash the
petition represented 568 ft. or 81% of the footage of the block,.
The property owners were requested to dedicate 5 ft. addition
to widen the street which was agreed to by all except one
property owner on the southw rt corner of Rosemead and Live Oak;,
The proposed improvement is fcr J6 ftd with the additional five
ft. to provide proper dr'vewoy approaches.
Mayor Harker asked .i if anyone w °shed to speak in favor bf the
improvement and np one cf.me forward to speak. He then asked
if anyone wishes o speak in c; ;moos i t i on to the: improvement.
Council Minutes, March 1, 1966, p.ga 2
Dr. C. E. Carmichael, 8932 E. Live Oak, stated his property was
formerly C -3 which permitted building to the property line, whir.-
he had done and as a result was unable to dedicate the requested
5 ft.His lot is 130 ft. deep and he also requested a depression
of 30 ft, in the curb to get to his car port which is built
right to the property line. Also another 10 ft. depression of
the curb for the driveway of the adjoining property.
City Manager Koski explained the possibility of red curb for thi <<
area restricting parking because of the narrowing of the street.
Following discussion the Mayor declared the hearing closed on
item "b ". Councilman Dickason moved to approve the recommenda-
tion on item "b" and to instruct the Supt. of Streets to cause
the work to be done, Councilman Merritt seconded, and the motior
was carried unanimously.
Administrative Assistant Recupero presented item "a" Woolley St.;
north side, between Sultana & Livia for curb and gutter.
He advised there was 300 ft. in the block with 80% signed on
the petition representing 239 ft.
Mayor Harker asked if anyone wished to speak for or against this
improvement and no one came forward to speak. Councilman Merrit
moved to close the public hearing on item "a ", Councilman
Dickason seconded, and the motion carried unanimously. Council-
man Merritt moved to approve the recommendation and instruct the
Supt. of Streets to cause the work to be done, Councilman
Dickason seconded, and the motion was unanimously carried.
Item "c ". Sultana Street improvements.
City Manager Koski requested the public hearing on the Sultana
Improvements be held over until March 15, 1966, at 7 :30 P. M.
Councilman Nunamaker so moved, Councilman Merritt seconded, and
the motion carried unanimously.
Councilmen Dickason moved to close the public hearings on items
"a" and "b ", Councilman Merritt seconded, and the motion carried
unanimously.
6. ORDINANCE NO. 66 -186: 2nd read.
City Attorney Martin read title to Ordinance No. 66 -186 AN
ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 1721 OF
THE TEMPLE CITY MUNICIPAL CODE RELATING TO NON - CONFORMING LOTS
Councilman Nunamaker moved to waive further reading of Ordinance
No. 66 -186, Councilman Merritt seconded, and the motion carried
unanimously. Councilman Merritt moved to adopt Ordinance No.
66 -186, Councilman Nunamaker seconded, and the motion was carriF:.
by the following roll call vote:
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilman -None
7. RESOLUTION NO. 66 -583: Granting zone variance to Rudy Strnad,
Variance Case #65 -173, appealed from Planning Commission decisi-
on.
City Attorney Martin read title to Resolution No. 66 -583 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANT-
ING A ZONE VARIANCE (APPLICANT: STRNAD; CASE NO. 65 -173)
Councilman Dickason moved to adopt Resolution No. 66 -583, Coun-
cilman Merritt seconded, carried by the following roll call vote:
AYES: Councilmen- Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen-None
ABSENT: Councilmen -None
8. REPORT ON TEMPLE CITY ANIMAL HOSPITAL
City Manager Koski advised a meeting was held with the petition -,
ers, Dr. Jobe and his attorney, and the City Attorney and City
Manager.
Councilman Tyrell felt it appropriate for the C!ty Attorney
to state the law on the subje -tt and the points upon which the
Council has to decide,
City Attorney Martin stated tha following: a petition had been
received, an investigation was made, and it `dvFzs determined Dr.
Jobe was located in C -k zone which perm;cs animal hospitals.
The building sihould e rewsor:4b3e Eound proofed, This building
is not so sound proofed but ;s pr7-cx i st i ng use and may con-
869
Council Minutes, Marsh 1, 1966, pcc 3
tinue as a nor conforming use subject to amortizz:.'ion over a
reasonable length of time. He does not have a kennel license
from Los Angeles County. The petition alleges a public nuisance
is on the property. As a result of this petition and investiga-
tion engineers Krelle & Lewis were requested to examine the pre -
mises re corrections that could be made to alleviate the noise
to some extent. At the meeting of Febr. 17 it was brought out
by the petitioners that for years the operation of the kennel
has interfered with reasonable enjoyment of their property.
This is most objectionable during the summer months. Since Jan.
1 the nuisance complaints decreased markedly. Dr. Jobe has re-
quested the employees to alleviate the noise as much as possible,
he is concerned with the attitude of the neighborhood and will
attempt to make corrections as best he can and will take correct-
ive steps as indicated by the engineers. Regarding the license
the Attorney General has ruled this is preempted by the state
and the City or County no longer have control over the licensin -
Court action cannot be recommended nor zoning regulations impose
as when put in the operation was legal. A reasonable amortiza-
tion could not be less than five years. The only possibility fc-
suit would be to abate a public nuisance, and such an action
should not be brought at the present time. The complaints have
decreased markedly in recent months and voluntary corrective
measures are being taken. The original zoning of putting C -M nex..
to a residential zone appears to be the error, and without a
buffer zone causes trouble. Also by living next to a C -M zone
people who live in the neighborhood are going to bear the burden
of living next to a C -M zone. At this time it would not be his
recommendation to abate a public nuisance. The problem will in-
crease during the hot months.
Councilman Tyrell felt if no action was to be taken now the City
should not lose jurisdiction if interested and should continue
to a certain time in the sums. --e!. months.
The City Attorney recommended this be left in the hands of the
Administration to try and work out with Dr. Jobe's continued
cooperation to abate this problem and he hoped the neighborhood
would be ahle to compromise also living next to a C -M zone. The
City Attorney advised the Council not to get into a public hear-
ing at this time.
Atty. 4m. Laslaven, 300 E. Penn St., Whittier, spoke in behalf
of Dr. Jobe, advised the engineers were planning to use a device
to measure the level of sound eminating from the hospital and
also were to recommend structural changes to alleviate the pro-
blem. That his client was desirous of cooperating and correctir
the problem.
Following further discussion Councilmen Nunamaker moved
this be continued until June 7 and the staff advised to submit
to the Council progress reports every 30 days indicating what is
going on, Councilman Merritt seconded, motion carried by the
following roll call vote:
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
City Attorney Martin suggested, the problem of C -M zoning adjoin-
ing R -1 which exists at this location, and the uses permitted in
C -M zoning be referred to the Planning Commission for study
whether zoning or uses with the zoning should be recommended for
changing at this time. Councilman Nunamaker moved to refer this
to the Planning Commission, whether C -M and residential should
abut and to what extent use should be changed, Councilman
Dickason seconded and the motion carried unanimously.
The City Attorney advised a second petition to a second animal
hospital with almost an identical problem had been received by
the staff. Before going further with this he suggested the
Council and Planning Commission might want to investigate whether
the zoning which permits animal hospitals, etc., should be per-
mitted in the City at all and the Council might want to put a
freeze on kennels during that time study is being made, or
for ninety days. Follow:. g discussion C ity Attorney Martin
read title to Urgency Ordinznce No. 66 -188 AN ORDINANCE OF THE
CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PURSUA
TO THE PROVISIONS OF SECT ON 65858 OF THE CALIFORNIA GOVERNMENT
CODE I MPOS i NG A MORAT07,1UM ON ,;':W USES RELATING TO, AND ON BU I LJ
Council Minutes, March 1, 1966, p.:Oe 4
I NG AND OCCUPANCY FERI1 TS FOR ANIMA! h SP ITA S U.?, KENNELS PEND-
ING PLANNING Cz U 1 SS I ON STUDIES WITH RESPECT THERETO. Council-
man Tyrell moved to waive further reading and adopt Urgency
Ordinance No. 66 -188, Councilman Merritt seconded, roll call vote
to carry the motion as follows:
AYES: Councilmen- Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
City Manager Koski advised the Council a petition had been re-
ceived representing 80 people living in the immediate vicinity
of a kennel at 4906 Encinita, which the staff will investigate.
Councilman Merritt moved to have the staff follow through in
checking out the petition and to bring a report back to the
Council, Councilman Nunamaker seconded, and the motion was carri
ed unanimously,
TRAFFIC COMMISSION RECOMMENDATIONS:
Item 7. Las Tunas Dr. & Reno: re raised portion of island on
Las Tunas westerly of Reno, placing 9 unit reflector
& No Left Turn" on median divider west line of Reno fon
west bound traffic.
Traffic Engineer Envall presented & explained the Traffic Comm.
recommendation. Following discussion Councilman Merritt moved
to approve the Traffic Commission Recommendation on Item 7 and
to sign appropriately, Councilman Nunamaker seconded and the
motion carried.
Item 10. (2) Broadway & Barela - Passenger Loading Zone; re
white loading zone south side of Broadway & west side of
Barela for 7th Day Adventist Church.
Traffic Engineer Envall presented the request and recommendation
of the Traffic Commission. Following discussion Councilman
Nunamaker moved to approve the s eccmc.ar;dat i on under Item 10 (2) ,
Councilman Dickason seconded, and the motion carried unanimously
it EW BUSINESS:
I 10. PLANNING COMMISSION RECOMMENDATIONS:
a, recommend City Council set a public hearing to consider an
amendment to the Zoning Ordinance regulation to eliminate
specific zone requirements for churches and requiring a con-
ditional use permit.
Planning Director Dragicevich advised most of the churches are
non - conforming with present requirements. To eliminate this prc
blem the intention of the Planning Commission was for applicant;
for new churches to apply for a conditional use permit whereby
the Planning Commission and staff could review the plan. Follol, J-
ing a lengthy discussion Councilman Tyrell suggested discussing
this in a study session with the Planning Commission, which the
rest of the Council approved.
11. RESOLUTION NO. 66 -581: re corrective action in the area of air
pollution control
City Attorney Martin read title to Resolution No. 66 -581 A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENDORSING
THE STATE LEGISLATIVE PROGRAM IN CONNECTION iITH THE "MOTOR
VEHICLE AIR POLLUTION CONTROL ACT" ENACTED BY CONGRESS. Council-
man Merritt moved to adopt, Councilman Dickason seconded, and th€
motion carried unanimously.
RESOLUTION NO. 66 -582: 4arrz-fs & ()mends
City Manager Koski presented Resolution No, 6- -.51)2, A RESO-
LUTION OF THE CITY COUNC I L OF TE i. I TY OF TEMPLE CITY ALLOWING
CLAIMS & DEMANDS IN THE SUM OF $161,871,29, DEMAND NOS, 7686.
THROUGH 7732..
Foll 'Tr.g discussion of the Resolution by the Council, Councl 1rna ^..,
Merritt moved to adopt Resolution No. b6 -582, warrants and deman,
in the sum of $161,871.29, Nro 7686 through 7732, Councilman
Dickason seconded and the motion was carried by the following
roll call vote:
AYES: Councilmen-Dickason, Mvrri tt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
12.
City Manager Koski presented Resolution No. 66 -584, A RESOLUTION
871
Council Minutes, March 1, 1966, page 5
OF THE CITY OF TEMPLE CITY ALLOWING CLi,iMS AND DEMANDS IN THE
SUM OF $15,000eOO DEMAND NO. 1 18, ACQUISITION AND IMPROVEMENT
FUND FOR VEHICLE PARKING DISTRICT NO. 1. He explained this was
for the acquisition of the Wells' property which has been in es-
crow and was held up due to probate proceedings and which is now
ready to close. Councilman Merritt moved to adopt Resolution No.
66 -584, Councilman Nunamaker seconded, and the motion was carried
by the following roll call vote:
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
I 13. COMMUNICATIONS:
City Manager Koski presented a request for a car wash from Omi-
cron Nu Epsilon for a car wash at Ray's Standard Station, on
March 19, from 10 A. M. to 4 P. M. to raise funds to help support-
their Korean orphan at a trade school. Councilman Nunamaker may,.
to approve, Councilman Merritt seconded, and the motion was carr
ed unanimously.
14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr. Joe Percovich, of '.Woodruffs, 9616 Las Tunas Dr., spoke in be
half of the Temple City Center Assn., requesting permission to
use the overhead line poles on Las Tunas Dr, and Temple City Blv(:
This group is an organization of the merchants to promote busine�:
in Temple City and the overhead banners and the hanging of ban-
ners on the light poles in the flag holders will advertise
shopping in Temple City. They request the banners be up for 4
months, and Curing that time when flags should be displayed they
will take them down and put them up again afterward, and will
also replace when necessary. Following discussion Councilman
Nunamaker moved to grant permission to hang banners on Las Tunas
Dr. and Temple City Blvd. for tie Temple Center, subject to
insurance requirements for tine period to May 3 Council Meeting
when the results can be evaluated, and if desired they can re-
quest a renewal, Councilman Dickason seconded, and the motion
was unanimously carried.
15. MATTERS FROM CITY OFFICIALS:
Councilman Nunamaker recommended the Camellia Festival be allow-
ed to put up their banners each year without getting the require:
insurance and without requesting permission as it is a joint
project with the City. Following discussion Councilman Nunamaker
moved the Camellia Festival be given a continual permit to hang
banners for the Camellia Festival without the required insuranc(
policy, Councilman Merritt seconded, the motion was carried by
the following roll call vote:
AYES: Councilmen - Dickason, Merritt, Nunamaker, darker
NOES: Councilmen - Tyrell
ABSENT: Councilmen -None
Councilman Nunamaker read title to Resolution No. 66 -584 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY INDICA
ING ITS SUPPORT OF THE ANNUAL CraMELLIA FESTiVAL9 and read in
full the contents of the resolution which verifies the full
support of the City for the Camellia Festival activities. Dis-
cussion followed indicating the Council has always given 100%
support to the Camellia Festival in the past which they will con-
tinue to do in the future. The only requirements of the City hav,
been procedur•ai in order that the City files will refiect the
various activities and necessary City services For building and
safety, traffic, and sheriff's services required For the parade,
carnival and booths. Councilman Nunamaker moved to adopt Reso-
lution No. 66 -584, Councilman Merritt seconded, and the motion
was unanimously carried.
Raymond Burger, 9018 Rancho Real, suggested a neighborhood le.zte
to let the people know what the Council is doing with possibly
a questionaire to he mailed beck on what the people might want.
Councilman Tyrell suggested this might be part of the news- lette =°
the City is making up if they 'h ve any constructive suggestions
to bring to the staff. The City Manager advised this could be
considered in the next issue of the news- letter as it is too
late for the first one.
872
Council Minutes, March 1„ 1966, age 6
Councilman Merritt asked re the status on Kauffman Ave,, and the
City Attorney advised the pre - trial for settlement is set for
the last week of March.
1/
The City Attorney presented a status report on the Baldwin Ave.
widening. There are 40 pieces of property involved and of the
40 they have 17 acceptances, and three counter offers which
he recommended be accepted, and one counter offer he recommended
be rejected. The first counter offer would be to remain in
possession until July 30, 1966, the proposed offer would be
acceptable. Councilman Tyrell moved to approve this acceptance,
Councilman Merritt seconded, and the motion carried unanimously.
The second counter offer involved a difference in price on the
northeast corner of Olive and Baldwin where the appraisal is
$10,445.and the counter offer is $12,000. and he recommended
acceptance. Councilman Tyrell moved to accept as recommended,
Councilman Merritt seconded, and the motion carried unanimously.
The third counter offer involves improvements made in the amount
of $136, since appraisal and he recommended this additional
amount be paid. Councilman Merritt moved to approve, Councilman
Dickason seconded, and the motion carried unanimously.
This would bring the acceptances up to 20 or one - half.. The other
counter offer was parcel one and he asks $25,000. and the City
Attorney recommended disapproval. Councilman Tyrell moved to
reject, Councilman Merritt seconded, and the motion carried unan-
imously.
The City Attorney advised re Parking District No. 4, the apprais-
al originally was $37,500. made some time ago. The property owner
has an appraisal of $45,000., and two other appraisals have each
arrived at the $45,000. figure, and he recommended acceptance.
Councilman Tyrell moved to accept as recommended, Councilman
Merritt seconded, and the mo;Jci was unanimously carried.
City Attorney Martin advised an appraisal on the Pacific Ackwort'r
property had been made of $311,000. for the land and some $49,00'%
for buildings if salvage is recognizable. A lengthy discussion
followed with the Council to consider this further at a study
session and the staff to report back means of financing and
proposed facilities to be provided on the five acre plot which
they will bring to the meeting of April 4th study session.
The Deputy City Clerk requested authorization of a warrant in
the sum of $28.76 to the Postmaster for mailing of the sample
ballots for the Annexation #10 election on March 22, 1966. Coun-
cilman Tyrell moved to approve, Councilman Nunamaker seconded,
and the motion carried unanimously.
The Deputy City Clerk also requested authorization for the City
Treasurer to open an account at the Bank of America for Parking
District No. 3 Acquisition and improvement Fund and also author-
ization for the City Treasurer or Deputy City Treasurer to sign.
Councilman Nunamaker moved to approve, Councilman Dickason second
ed and the motion carried unanimously.
City Manager Koski presented Resolution No. 66 -578 A RESOLUTION
OF THE CiTY COUNCIL OF THE CITY OF TEMPLE CiTY !APPROVING A FINAL
TRACT MAP FOR TRACT NO. 30243. This is for the Condominium on
Broadway built by Baldwin Builders. Councilman Nunamaker• moved
to adopt Resolution No. 66 -573, Councilman Merritt seconded, and
the motion carried unanimously.
The City Manager presented a request for authorization of the
Parks &'Recreation Commission to attend a Parks Conference on
March 5, and advised there was money budgeted for this purpose.
Councilman Dickason moved to approve, Councilman Merritt seconded
and the motion carried unanimously.
16. ADJOURNMENT: Councilman Merritt moved to adjourn, to a personnel
session immediately follei,irg, seconded, and carried. Council
adjourned at 10 :30 P. M. Next regular meeting of the City Council
on March 15, 1966, in the Council Chamb s, 5533 Kauffman Ave.
ATTEST:
Mayor
873
873