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HomeMy Public PortalAboutCity Council_Minutes_1966-06-21_Regular 1966C O U N C I L M E E T I N G CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA JUNE 21, 1966. INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:30 P. M. Rev. R. E. Schulz of the Lutheran Church, 2. 9123 Broadway, Temple City, gave the invocation, following which 3. Mayor Tyrell led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Attorney Martin, Planning Director Dragicevich. Public Works Director Pizzorno 5. APPROVAL OF MINUTES: a. Regular meeting of June 8, 1966. Councilman Merritt referred to item 16, paragraph 4, correcting the first line to read, "Councilman Merritt stated an ordinance had been discussed with respect to ". Councilman Merritt then moved to approve the minutes of the regular meeting of June 8, 1966, as corrected, Councilman Clemson seconded, and the motion carried unanimously. b. Special meeting of June 13, 1966. Councilman Harker moved to confirm the minutes of the City Clerk for the June 13, 1966, special meeting, Councilman Beckley se- conded, and the motion carried unanimously. PUBLIC HEARING CONT'D. 7:30 P. M. PROPOSED ANNEXATION NO. 11 TO THE CITY OF TEMPLE CITY City Attorney Martin advised this is the 2nd hearing to hear protests to proposed annexation #11 to the City of Temple City, and that the time had now passed when all protests must be sub- mitted and those received will be read in full by the City Clerk, If less than 50% of the assessed value of the property less im- provements have protested the Council will prepare to hold an election. The City Clerk read in full the protests submitted signed by 593 individuals which was filed too late to make any determination as to the sufficiency at this time. He advised the same protest had been made by all 593 signatures. The City Attorney asked if anyone challenged the number of pro- tests, and no one did. The City Clerk read a written protest received in the mail with two signatures, plus the two signatures on the original protest filed, make a total number of signatures protesting the annexation of 597. City Attorney Martin asked if anyone challenged the number of protests filed as 597 and no one came forward to do so. Councilman Clemson moved to refer the 597 signatures to the City Clerk for confirmation, Councilman Merritt seconded, and the motion carried unanimously. Mayor Tyrell instructed the audience that if anyone had anything to add to come forward to the microphone and so state, and if not to state your name and address and that you agree with what has been said before. Each person must speak individually con- cerning their protest. Elliott Ellenson, 8934 E. Callita, stated he did not feel it possible that by coming into Temple City they would receive bettc police protection. Mayor Tyrell advised the Council is going to listen to the Pro- testants in the audience, that the Council is not going to make statements regarding truths or untruths of this. There are answers but due to time involved the Council will listen to their statements without refuting them at any time.' 910 Council Minutes, June 21, 1966, page 2 Jack Noell, 8839 Naomi, San Gabriel, questioned the legality of the public hearing, whether it was legal to hold it before the signatures were certified. City Attorney Martin advised it was not improper to have the hearing, that the protests were part of the hearing. Mr. Noell stated due to the type of city, Temple City being a contract city, that it is not complete, and he felt they had better police and fire protection in the county than they would receive from Temple City ..He preferred to re- main County, and if this were not possible he would prefer to annex to San Gabriel as he Felt it carried more prestige. He als; did not consider the lesser tax rate for this City to be of any value. Marilyn Gallagher, 8861 Emperor, stated she had not been given sufficient information to want to become a part of Temple City. She chose to remain County. Mary Leupold, 6806 Sultana, complained that she was not notified of this public hearing which concerned her property. She also wanted to know the land use proposed. She felt our business dis- trict should be built up, that it was becoming more obsolete with Montgomery Ward coming in to the south and May Co. to the north. Also post office address would be San Gabriel and they would be in Temple City. She was very opposed to the annexation. John Hoke, 6146 Mayesdale, inquired as to how much of taxpayers' money was spent to hire the Public Relations firm to get out a lot of information. Mayor Tyrell advised these questions can all be raised at the meeting for questions and answers on annexation to be held on Thursday night, the 23d. At this time the Council will only listen to the reasons for protesting and not answer questions. Mr. Hoke stated Mr. Hawkins of Hawkins Realty at the meeting the other evening said the tax assessment for next year had already been set but after that he would not know what would happen. He felt the n reduction in taxes was just a gimmick. Mayor Tyrell stated Mr. Hawkins did not make that statement, that it came from a tax appraiser from Pasadena. Mr. Hoke stood corrected but went on record as opposing the annex ation. Geo. E. Simmers, 8952 Callita, stated he had protested the pre- vious annexation completed on the west side of Rosemead Blvd. He did not feel this annexation nor the proposed annexation #11 was fair to him or the other people involved in the area. He felt this was poor planning and the City has a very bad adminis- tration, and he is very opposed. Ronald R. Nelson, 6734 Muscatel, stated he concurred with all those speaking before. Also he spoke concerning the possibility of a park being developed on the Edison Co. easement, which if accomplished he felt would be very restricted, and limited in area. Jim Eberhardt, 8665 Duarte Rd., spoke about San Gabriel mailing, Pasadena City schools, and belonging to Temple City, which cannot be changed without a lot of red tape, and also spoke about the limitations if a park were considered on the Edison easement. He wanted to know what they would gain by annexation and felt they should have more information. He knew of no advantages. Virginia Shad, 6737 Lotus Ave., asked where the money was coming from for the proposed park. She stated she was in the Temple Cit School district and would love to change with the man in the Pasa dena School district. She stated she had been unable to attend a meeting before and desired more information. Franklin Udell, Ardendale Ave., advised he voted against incorpor- ation prior to the successful incorporation election which eliminated that area. He also carried a protest petition against 911 Council Minutes, June 21, 1966, page 3 proposed annexation #11, He stated everyone in his area was opposed, and questioned why they were are continually harrassed when annexation is so completely repudiated in the past years by the people in the area. He was concerned about taxes being raised and questioned the revenue of the city, where it came from and how spent. He stated no doubt the City had very fine motives but he as a property owner liked what he has and wanted to keep what he has without giving the city a blank check. Gordon Cutler, 8845 Ardendale, stated he had reviewed the posi- tion of the City Council on the proposed annexation and talked to a number of his neighbors. He felt most of the people are jus opposed to change and are emotional. Temple City is a very new city and naturally has to feel its way. They would have income like any other contract city, you all know the source and where the money goes. We would have a voice in the government of the city, how spent and how much spent, if incorporated. He stated he had been to the County and without a petition representing a large number of people or large organization and indicating It represents a number of voters they do not consider what is said. He was very much in favor of annexation. Mayor Tyrell asked if anyone else wished to speak in protest and no one else came forward. In view of this fact Councilman Harker moved the public hearing be closed, Councilman Beckley seconded, and the motion was unanimously carried. Mayor Tyrell stated this was not a public hearing as far as getti' into the pros and cons and he hoped the people would have the integrity to find out the facts. As far as the protests are con- cerned the hearing is closed. He ordered the Council recessed a few minutes while the Council Chambers are cleared. 8:45 P. M. The Mayor declared the Council reconvened. PUBLIC HEARING: 7 :30 P. M. APPEAL FROM PLANNING COMMISSION DECISION: Dorothy Fickes & DeLoss Van Alstine, Variance Case No. 66 -186 Mayor Tyrell declared the public hearing opened. Planning Director'Dragicevich stated the property is located at 4823 -35 Heleo, that they were two adjoining lots who requested a variance to develop into four parcels with the two rear parcels not having frontage on a public street. There would be an ease- ment for access. Subject property is rectangular, 177 ft. on Heleo frontage, and depth of 252 ft., 44,600 sq. ft. Zoned R -1 7200 sq. ft. He explained two proposals the staff had recommender. that would have a cul de sac with four parcels on a 40 ft. street; or to include other adjoining lots for a larger development. The Planning Commission felt either of the recommended plans superior to the plan proposed by the property owners, as it would establish a better development in the area. The property owners rejected the proposals and as the Planning Commission denied their variance request have now appealed to the City Council. Follow- ing discussion by the Council Mayor Tyrell asked to hear from the applicant. Lou Gilbertson, 9232 Sparklett, spoke on behalf of the applicants. He stated these deep lots cannot be fully utilized, and the owner are being taxed on them and they are not worth as much to sell unless tied into a zone variance agreement. Also a number of such lots have been split in the past and developed. The peti- tioners are eager to convert these lots. The development will be an improvement of what exists, will upgrade the area, and result in a larger tax revenue to the City following its. development. He explained in full the proposal of the property owners, and what would be involved if they considered the recommendations for development proposed by the Planning Commission. Mayor Tyrell referred to the statement that such an improvement would effect an increase of taxes and advised it would not apply to the city. A lengthy discussion followed between Mr. Gilbertson, and the Councilmen concerning the development, following which the Mayor asked if anyone else wished to speak in favor of the appeal. 912 Council Minutes, June 21, 1966, Page 4 The following people spoke in favor of granting the variance as proposed by the property owners: Harry Mycroft- -4922 Heleo, Mrs. Harry Mycroft -4946 Heleo, Mrs. Wm. Homick - -4843 Heleo, Bert McDonald- -4851 Heleo, Velma Sorber - -4819 Heleo - -Wm. Van Alstine- 4823 Heleo, Mrs. Anthony Moshel - -4938 Heleo. As no one else came forward to speak Councilman Clemson moved to close the public hearing, Councilman Harker seconded, and the motion carried unanimously. Councilman Harker stated he was concerned with properties in the city with the kinds of things as shown in pictures of the area where easements were granted for access to rear properties, and he felt the possibility of the cul de sac should receive a lot of consideration, and he would prefer the cul de sac to private driveways. Councilman Beckley stated the four conditions in the zoning ordi- nance for granting a variance. He felt he'd not be upholding the laws of zoning ordinance if he agreed to grant this appeal. Also that the people should get together and develop their properties together which would provide them and the city with something much better. The City needs cul de sacs in lieu of private street and he felt back yard developments are the worst thing that has happened to Temple City. Councilman Clemson felt a cul de sac would be much better of the proposal of including other properties would be a better over all development. Back yard developments will tend to downgrade rather than upgrade and he stated this area in this particular case is going to have to change in time. Councilman Merritt agreed with Councilman Beckley and he felt the people in the area should get together and develop in an orderly manner which would be much better than on an individual basis and he felt this would be the answer to the development of the area. Mayor Tyrell stated if split the lots still have more than 7200 sq. ft. in each development and the rear would have a 20 ft. minimum driveway back to it. He asked the City Attorney to stat€ the conditions of a variance. City Attorney Martin stated the law is "no lots created that do not have frontage on a public street." There is a special dis- pensation called a variance granted only when the following con- ditions exist: 1. the property myst be unique in topography or character- istics, in general differing from all other property in the area, 2. if the regulations of the ordinance impose a hardship which must be one not contemplated by the ordinance but which would constitute undue hardship, 3. would not damage neighboring property, 4. which is not inconsistent with general plan of the City which requires all lots to have frontage on a public street. Mayor Tyrell said in this case he can see no hardship nor is the property unique. Following further discussion Councilman Harker moved to uphold the decision of the Planning Commission without prejudice and deny the appeal, Councilman Beckley seconded, and the roll call vote to carry the motion was as follows: AYES: Councilmen - Beckley, Harker, Merritt NOES: Councilmen - Clemson, Tyrell PUBLIC HEARING: CURB & GUTTER: 7 :30 P. M. a. Lemon Ave., north side, Temple City Blvd. to Kauffman Ave. Public Works Director Pizzorno presented the above petition for curb and gutter and advised 81% of the front lineal footage had signed the petition. Mayor Tyrell '.opened the public hearing and asked if anyone wish ed to speak for or against the installation and no one came for- ward to speak. Councilman Harker moved to close the public hearing, Councilman Clemson seconded, and the motion carried unanimously. 913 Council Minutes, June 21, 1966, Page 5 Councilman Merritt moved to find the project in public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Clemson seconded, and the motion carried unanimously. b. Hilton Ave., east side north of Broadway The Public Works Director presented the above petition and advise ed it contained 100% signatures of the property owners. The Mayo; declared the public hearing opened and asked if anyone wished to speak for or against and no one came forward to speak. Councilma, Harker moved to close the public hearing, Councilman Clemson se- conded and the motion was unanimously carried. Councilman Merritt moved to find the project in public interest and instruc the Supt, of Streets to cause the work to be done, Councilman Harker seconded and the motion was carried unanimously. c. Hilton Ave., west side north of Broadway. Public Works Director Pizzorno advised the above petition was signed by 100% of the lineal front footage of the property. He advised there was a speciman cork oak tree and requested some consideration be given to not removing this tree for this im- provement. He advised a reverse curve could be made in the curb and save the tree. The Mayor declared the public hearing opened. and asked if anyone wished to speak for or against the installa- tion. George Conn, living on the corner of Broadway and Hilton, also spoke requesting the tree be saved. No one else came forward to speak. Councilman Clemson moved to close the public hearing, Councilman Beckley seconded, and the motion carried unanimously. Councilman Beckley moved to save the tree and to find the project in public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Clemson seconded, and the motion was unanimously carried. UNFINISHED BUSINESS: 6. ORDINANCE NO. 66 -178: 2nd read. relating to property nuisances City Attorney Martin read title to Ordinance No. 66 -178 AN ORDI- NANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE OF THIr CITY BY THE ADDITION OF NEW ARTICLE 20 -A, SECTIONS 2350 - 2350.13, RELATING TO PROPERTY NUISANCES. Councilman Beckley moved to waive further reading of Ordinance No. 66 -178 and adopt, Council man Clemson seconded, and the motion carried unanimously. 7. ORDINANCE NO. 66 -199: 2nd read. adding new Section 2715.1 to the Temple City Municipal Code re tenure of all commissioners. City Attorney Martin read title to Ordinance No. 66 -199 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 2715.1 TO THE TEMPLE CITY MUNICIPAL CODE. Councilman Clemson moved to waive further reading of Ordinance No. 66 -199 and adopt, Council- man Merritt seconded and the motion was carried unanimously. 8. ORDINANCE NO. 66 -200: 2nd read. relating to political signs City Attorney Martin read title to Ordinance No. 66 -200 AN ORDI- NANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4252 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO POLITICAL SIGNS. Council- man Merritt moved to waive further reading of Ordinance No. 66- 200 and adopt, Councilman Beckley seconded and the motion was carried unanimously. 9. RESOLUTION NO. 66 -620: approving Calif. Disaster & Civil Defense Master Mutual Aid Agreement City Attorney Martin read title to Resolution No. 66 -620 A RE- SOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVINE THE CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT. Councilman Clemson moved to adopt Resolution No. 66 -620, Councilman Beckley seconded, and the motion carried un- animously. NEW BUSINESS: 10. PLANNING COMMISSION RECOMMENDATIONS: a. Re Land Use Map: recommend a new land use map be provided as soon as possible. Mayor Tyrell stated this should be con- sidered as a budget item rather than at this time. This will be considered at the next budget hearing. 914 Council Minutes, June 21, 1966, page 6 b. Recommend amendments to the Zoning Ordinance re regulations relating to minimum width driveway standards involving minor land subdivisions. c. Recommend amendments re regulations relating to day nurseries in R -1 and R -2 zones. d. Recommendation re dismantling of motor vehicles on "R" zoned properties. Councilman Merritt moved items b, c, and d be set for public hearing on July 19, 1966, at 7:30 P. M., Councilman Clemson se- conded and the motion was unanimously carried. 11. DOUBLE DRIVE MEDIAN ISLAND: Public Works Director Pizzorno advised the engineers had inspect- ed this installation and recommended payment of the maintenance part of the contract. Councilman Clemson moved to accept the work and authorize payment of $300. for the maintenance portion of the contract, Councilman Merritt seconded, and the motion was unanimously carried. 12. AGREEMENT: Cooperative agreement with State Division of Highways for work to be accomplished on a state highway. The Public Works Director requested the Council to approve this agreement by minute order and that this agreement provides any time any work is done the City will receive matching funds for these items. It is a one time agreement and will cover all con- struction. Councilman Merritt moved to approve and authorize the Mayor and City Clerk to sign on behalf of the City, Councilman ° Clemson seconded and the motion was unanimously carried. 13. CHANGE OF LOCATION FOR FIREWORKS STANDS : a. Temple City Nat'l. Little League, request change of locations to next lot south of 5230 Rosemead Blvd. Councilman Beckley moved to approve, Councilman Beckley seconded and the motion carried unanimously. b. The Church of the Latter Day Saints also requested a change of location from 5815 to 6250 Rosemead Blvd. Councilman Beckley moved to approve, Councilman Clemson seconded, and the motion wa . unanimously carried. 14. RENEWAL OF PRISON HOSPITALIZATION AGREEMENTS: City Manager Koski advised this was a renewal for five years of the agreement we had with the County which expires on June 30, 1966, and that it had been reviewed by the City Attorney. Coun- cilman Merritt moved to approve and authorize the Mayor and City Clerk to sign on behalf of the City, Councilman Harker seconded, and the motion carried unanimously. 15. RESOLUTION NO. 66 -622: temporary employees, Recreation Dept. City ManagerKoski presented Resolution No. 66 -622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY EMPLOYEES. Councilman Harker moved to adopt Resolution No. 66- 622, Councilman Merritt seconded, and the motion carried unani- mously. 16. RESOLUTION NO. 66 -621: Warrants & Demands City Manager Koski presented Resolution No. 66 -62.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS & DEMANDS IN THE SUM OF $7,319.52, DEMAND NOS. 8373 THROUGH 8407 Councilman Clemson moved to adopt - Resolution No. 66 -621, Council- man Beckley seconded, and the motion carried unanimously. 17. COMMUNICATIONS: a. report from Parks & Recreation Commission to the Council on Live Oak Park facilities. City Manager Koski recommended this report be considered in the budget session to be held June 22 to which the Council agreed. 18. TIME FOR THOSE IN THE AUDIENCE '!HO WISH TO SPEAK: Geo. E. Simmers, 8952 Callita, spoke to Mayor Tyrell stating he felt he had cast aspersions on his integrity and education as well as his neighbors and requested an apology. The Mayor states` if it would make him happy that he would apologize to him and his neighbors. This action was relative to the public hearing held on proposed Annexation #11. 915 1 1 Council Minutes, June 21, 1966, page 7 19. MATTERS FROM CITY OFFICIALS: City Manager Koski stated he had an item relative to the settle- ment on property the City is acquiring on Baldwin Ave. and re- commended the Council have an executive session to consider this The City Manager also presented Resolution No. 66 -623 A RESOLU- TION OF THE CITY COUNCIL OF TEMPLE CITY DECLARING ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING A TIME AND PLACE FOR PROTESTS BY PROPERTY OWNERS. He advised the petitions had been certified and he recommended a public hearing be set fo; July 7, at 7:30 P. M. Councilman Harker moved to adopt Resolutih No. 66 -623, Councilman Merritt seconded, and the motion carried unanimously. City Attorney Martin requested authorization to publish on July 7 the setting of the hearing for July 19th for the kennel hearing following the recommendations presented by the Planning Commission from their meeting of June 28. Councilman Clemson so moved, Councilman Beckley seconded, and the motion was unan- imously carried. 20. ADJOURNMENT: Councilman Merritt moved to adjourn to an executive session immediately and a budget session on June 22., seconded and carried unanimously. Next meeting of the City Council will be a scheduled budget hearing on June 22, 1966, at 7:30 P. M. in the Council Chambers, 593U Kauffman Ave., Temple City. ayor 916