HomeMy Public PortalAboutCity Council_Minutes_1968-05-07_Regular 1968C O U N C I L M I N U T E S
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
MAY 7, 1968
INITIATION:
1. Mayor Briggs called the regular meeting of the City Council to
2. order at 7:30 P. M. Rev. Roger Hillis of the Westminster Presby-
terian Church, 9642 Live Oak, Temple City, gave the invocation,
3. followed by the Pledge of Allegiance to the Flag led by the Mayor.
4. ROLL CALL:
PRESENT: Councilmen - Beckley, Merritt, Tyrell Briggs
ABSENT: Councilman - Harker
ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich, Recreation Director Kobett, Traffic
Engineer Envall
5. APPROVAL OF MINUTES:
A. Regular meeting of April 16, 1968.
Councilman Beckley moved to approve the minutes of the regular
meeting of the Council of April 16, 1968, as mailed, Councilman
Merritt seconded, and the motion was carried unanimously.
B. Adjourned meeting of April 22, 1968,
Councilman Tyrell moved to approve the minutes of the adjourned
meeting of Apr.i, 1'22 , 1968, as mailed, Councilman Beckley seconded,
and the motion was unanimously carried.
UNFINISHED BUSINESS:
PUBLIC HEARINGS: 7:30 P. M.
A. Re - Proposed amendment to the Temple City Zoning Code to
include Electrical Transmission Substations as a permitted
use in M -1 zone.
B. Re - Proposed amendment to the Temple City Zoning Code to
include Swimming Pool Supply Stores as a permitted use in a
C -2 zone.
C. Re - Proposed amendment to Temple City Zoning Code to allow
certain uses in residential zones with a Conditional Use
Permit.
Mayor Briggs declared the public hearings opened on items A, B,
and C.
The Planning Director presented item A above and advised the
Planning Commission recommended approval. Mayor Briggs asked
if anyone in the audience wished to speak for or against the
proposed amendment and no one came forward to speak.
Planning Director Dragicevich presented item B as shown above
and stated the Planning Commission recommended this proposed
amendment. Mayor Briggs asked if anyone in the audience wished
to speak for or against this proposed amendment and no one came
forward to speak.
The Planning Director presented item C
vised the Planning Commission proposes
Permit rather than a variance which is
Briggs asked if anyone in the audience
against this proposed amendment.
as shown above and ad-
the Conditional Use
now required. Mayor
wished to speak for or
Council Minutes, May 7, 1968, page 2
George Hanft, 5822 Agnes, objected and felt nursery schools, and
homes for the aged, churches, educational schools, etc. should
not be in any R zone but in commercial, and he wanted to keep Temple
City more residential. It was explained to him that these uses are
permitted in R -3 and R -4 with churches and educational schools in
any R zone, t,,
Richard Allen, 5816 N. Rowland, asked the difference between a
Conditional Use Permit and a Variance. The City Attorney advised
that to get a variance it must be proved that a hardship exists,
that something is different about the property and it would be a
hardship to be restricted to zone as applied. A Conditiona4 Use
Permit is to review that use to determine if compatible with the
neighborhood, and also conditions can be attached to make it com-
patible. The procedures are the same for each application.
No one else came forward to speak on item C.
Councilman Merritt moved to close the public hearings on Items
A „ B, and C, Councilman Beckley seconded, and the motion was carried
unanimously.
Councilman Merritt moved to instruct the City Attorney to prepare
an ordinance in accordance with the recommendations of the Planning
Commission on items A, B, and C, Councilman Beckley seconded.
Councilman Tyrell felt the churches and educational schools should
be permitted in R -3 and R -4 also and not in R -1. He felt a mentally
retarded school could have some problems for residential areas and
should not be in any R zone. Considerable discussion followed re-
garding children having to travel to R -3 and R -4 zones for school
and the traffic and safety hazards involved in these congested
areas.
Mayor Briggs asked for a roll call vote which carried the motion
as follows:
AYES: Councilmen- Beckley, Merritt, Briggs
NOES: Councilman - Tyrell
ABSENT: Councilman - Harker
6, ORDINANCE NO. 68 -265: 2nd read. Establishing regulations and proced-
ures for the removal of overhead utility facilities and the installa-
tion of underground facilities in underground utility districts.
City Attorney Martin advised this ordinance sets up framework of
forming a district. He presented Ordinance No. 68 -265 for second
reading and read title AN ORDINANCE OF THE CITY OF TEMPLE CITY ES-
TABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD
UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES
IN UNDERGROUND UTILITY DISTRICTS. Councilman Tyrell moved to waive
further reading and to adopt Ordinance No. 68 -265, Councilman
Merritt seconded, and the motion carried unanimously.
7. RESOLUTION NO. 68 -819: appointing City representative to City
Selection Committee of Southern California Rapid Transit District.
The City Manager presented Resolution No. 68 -819 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINTING
A MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE
PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE.
Councilman Tyrell moved to adopt Resolution No. 68 -819. Councilman
Merritt seconded, and the motion was unanimously carried.
Council Minutes, May 7, 1968, page 3
NEW:.BUS I NESS.. ,
8. APPOINTMENT OF COMMISSIONERS: Planning Commissioners effective
May 25, 1968, for a term of two years.
City Manager Koski advised the terms of three Planning Commission-
ers are expiring on May 25, 1968.
Councilman Beckley moved to reappoint Commissioners Beckman, Oakley,
and Lawson for a two year term commencing on May 25, 1968, Council-
man Merritt seconded, and the motion carried unanimously.
9. PARKS & RECREATION COMMISSION RECOMMENDATION:
A. Recommend renewal of co- sponsorship of the Temple City Pop
Warner Football, Inc., for the 1968 season.
Recreation Director Kobett presented the above recommendation.
Councilman Tyrell moved to approve, Councilman Beckley seconded,
and the motion was unanimously carried.
10. TRAFFIC COMMISSION RECOMMENDATIONS:
A. 1968 -69 Budget: Recommend the School Safety Program proposed
by Deputy Lacey be taken under consideration for inclusion
in the 1968 -69 Budget to the greatest extent possible.
Traffic Engineer Envall presented the above recommendation.. Coun-
cilman Tyrell moved this be referred to a study session, Council-
man Beckley seconded, and the motion carried unanimously.
B. Rosemead Blvd. - Broadway to Las Tunas - Parking Stall Markings:
Recommend parking stall markings be placed on both sides of.
Rosemead Blvd. between Broadway and Las Tunas Dr.
Traffic Engineer Envall presented the recommendation under item
B. Initial cost would be around $300. If approved by the City
Council theh :n.,-enc:roachmen1;:. is, :::asked from the State. He advised
there is a heavy perking demand between Las Tunas and Broadway on
Rosemead.
Following discussion Councilman Merritt moved to approve item B,
Councilman Beckley seconded, roll call vote as follows:
AYES: Councilmen- Beckley, Merritt
NOES: Councilmen- Tyrell, Briggs
The motion was lost for lack of a majority. vote.
RESOLUTION NO. 68 -820: Warrants & Demands
City Manager Koski presented Resolution No. 68 -820 A RESOLUTION
OF THE CITY OF TEMPLE CITY, ALLOWING CLAIMS AND DEMANDS IN THE
SUM OF $80,841.44, DEMAND NOS.11033 THROUGH 11132.
Councilman Tyrell moved to adopt Resolution No. 68 -820, Council-
man Merritt seconded, and the motion carried unanimously.
12. COMMUNICATIONS::
City Manager Koski presented a letter from Leiland Shaw requesting
additional time to complete the work on 6329 N. Sultana Ave., Temple
City, to include July 15, 1968; also a report on the status of work
completed to date and a schedule arrived at by the Building Depart-
ment and City Attorney.
Mayor Briggs gave Mr. Shaw an opportunity to address the Council
at this time.
Council Minutes, May 7, 1968, page 4
Leiland Shaw, 8951 Bentel Ave., Rosemead, stated he was the owner
of the property at 6329 Sultana, and that Mr. Biddlecomb of the
Building Dept. had reviewed his situation and had set forth a ten-
tative schedule of work for the balance of completion of the build-
ing. He felt he would be able to complete and occupy the building
on July 15, 1968, as per the schedule.
Mayor Briggs commented that this was the third time Mr. Shaw had
been before the Council, and the last time an extension of time
was granted and he had agreed it was realistic and he could
complete the work in that time, and he is again making the same
statements that with the additional time requested he could com-
plete the work. In view of these facts he asked Mr. Shaw if he
would object to depositing with the City a completion deposit which
would be forfeited if not completed on the final day requested.
Mr. Shaw advised he did not have the means with which to do this
and he could not possibly put up a financial bond or deposit.
He also advised that there is a small section of wiring to be
pulled and a small amount of water and gas piping to be completed,
following which the insulation has to be placed before the plaster-
ing can be done.
Councilman Tyrell commented on the outside of the building which
the proposed schedule does not cover, and stated he felt that Mr.
Shaw should immediately be required to clean it up, put in the
driveway, finish the wainscoting on the front, finish the porch,
clean up the windows, clean up the yard and put in some grass and
landscaping and trim the tree and shrubs, thus making it more
compatible with the neighborhood. If this was accomplished within
the next few weeks, which is entirely feasible, then the Council
might consider granting an extension to Aug. 1, 1968, to complete
the interior of the building as scheduled. Also the temporary re-
inforcing and completion of the front porch should be done.
The Council questioned Mr. Shaw in detail regarding what he has
accomplished and what he would do. They agreed that to improve
the aesthetics would alleviate the eye -sore condition to the
neighborhood and felt this should be accomplished first. They
also felt that Mr. Shaw had not acted in good faith and was
dragging the completion out far beyond any reasonable time.
Mayor Briggs asked if anyone wished to speak in favor of the ex-
tension of time and no one came forward to speak. He then asked
if anyone wished to speak in opposition to the extension of time.
Mrs. Hazel Zeliff, 6351 Sultana, stated both she and her neighbors
were concerned with the moral values and safety of their children
and they considered this place a menace.
Marshall Mack, 9079 Woolley, stated 21 years to build a house is
preposterous, that Mr. Shaw will make promises and not keep them
and continue to request more time, and he was very opposed to any
extension of time being granted. However he could offer no definite
solution to the problem but felt the Council should do something
definite regarding this nuisance and everything that is legally
possible to compel him to complete this project.
City Attorney Martin advised the Council they should give serious
consideration to require every building expansion over 200 sq. ft.
to require a permit from the Council with a completion date in a
reasonable time. In July, 1967, the property was declared a
nuisance, and the program for abatement has been partially completed
since then. Therefore the remedies are: (1) to grant the extension
as requested; or (2) start proceedings again to declare it a
nuisance, and this does not include juvenile delinquency nuisance,
etc.; or (3) hold up any action for two weeks and if Mr. Shaw is
not going to act on the improvements as outlined by Councilman
Tyrell, to make the property look better,then reinstate the
nuisance procedure again and declare the property a public nuisance
as it now stands.
Council Minutes, May 7, 1968, page 5
Tom Egan, 6355 Sultana, also thought the Council should take
immediate action against Mr. Shaw.
C. J. Stewart, 6323 Sultana, felt that if the City does not have
laws to control this type of problem that one should be developed.
The City Attorney advised that a law such as he proposed, if enacted,
most courts would declare invalid.
Mr. Shaw was questioned and agreed that he would be able to do all
of the things that Mr. Tyrell had recommended for the outside im-
provement of the property.
No one else came forward to speak and Councilman Tyrell moved to
close the hearing, Councilman Beckley seconded, and the motion was
carried unanimously.
Councilman Beckley stated Mr. Shaw had not acted in good faith
as shown and he felt there was no reason to grant any further time
extensions and that proceedings against him should be started im-
mediately.
9:25 P. M.. Councilman Harker arrived at this time having just
returned from Sacramento where he attended the legislative session
as the representative from this City.
Councilman Merritt stated he agreed with what Councilman Beckley
had said.
Councilman Beckley moved that no extension of time be granted
and that all steps necessary be taken, and to refer this to the
Planning Commission to reinstate the public nuisance.
Councilman Tyrell asked the City Attorney if the City were in a
position where we have found a nuisance, whether we could deter-
mine if substantial compliance and good faith had been exercised
if this hearing could be continued to June 4, 1968, and go ahead
with the matter at that time. The City Attorney advised this could
be done without taking additional evidence as to the nuisance by
finding out if the old nuisance has been corrected, and if we
state some things have been corrected. He stated if going to
court he would prefer a new declaration of nuisance. He advised
that we are not going to get a court declaration for anything
because he has not plastered the inside of the house, and all we
are going to get is depreciation of the neighborhood.
Councilman Tyrell stated aesthetically right now he has not com-
plied so it is still a nuisance, and he did not think the City
would have better grounds that we now have.
Councilman Harker stated his sympathy was with the neighbors and
he thinks they want it made compatible with the neighborhood.
The City Attorney felt that if the aesthetic improvements were
not made by Mr. Shaw by June 4, that the nuisance would still
exist and we could go to court. It would be better to give Mr.
Shaw three weeks to get this done or he will be in court. This
is not as good as reinstated nuisance but good on the basis that
we gave him a chance.
Councilman Beckley's motion died for lack of a second.
Councilman Merritt stated he agreed with the suggestion of the
City Attorney and he moved to grant the extension on condition
that by June 4, 1968, Mr. Shaw has accomplished the following:
1. complete the glazing of windows, clean and remove
excess putty,
2. remove bricks from view from the front of the property,
3. trim trees and bushes and clean up,
4. install driveway from street to detached garage,
5. complete installation of wainscoating to cover tar
paper on exterior of house,
Council Minutes, May 7, 1968, page 6
6. construct walk from driveway to porch and complete
porch with removal of temporary support,
7. planting of lawn and landscaping,
and to serve notice that if the above items are not completed by
June 4, 1968, the Council will start court proceedings; and in
the event these are all accomplished by that date that an exten-
sion of time to August 1, 1968, be given Mr. Shaw to complete
the building as outlined by the work schedule prepared by the
Building Department, Councilman Harker seconded, and the motion
was carried unanimously.
City Manager Koski presented a request from the Standard Oil Co.
to conduct a geophysical survey on Las Tunas between Baldwin Ave.
and the west city limits. Mr. Cadwell from Standard Oil Co.
spoke in behalf of the request. Following considerable discussion
Councilman Harker moved to grant the request to conduct a geo-
physical survey on Las Tunas Dr. between Baldwin and the west
city l i m i t s on two Sundays between 9 A . M . and 5 P . M., Council-
man Merritt seconded, and the motion was , earr i:ed:.by the.'following
roll call vote:
AYES: Councilmen - Beckley, Harker, Merritt
NOES: Councilmen - Tyrell, Briggs
ABSENT: Councilmen -None
The City Manager presented a letter from Mrs. Donald Wetton
reporting an eye -sore and safety hazard at 9221 Pentland Ave. ,
which condition has existed for some time and has been before
the Council before. He advised old freezers and refrigerators
had been stored in the yard and the Sheriff's Dept. had been
sent down there to remove the locks and hinges from the doors.
There also is a fire hazard as the property needs cleaning up
and there is much combustible material lying around. To start
action this should be referred to the Planning Commission for
action under the Nuisance Ordinance. Councilman Tyrell moved
to start proceedings at once under the Nuisance Abatement Ordinance,
Councilman Beckley seconded, and the motion carried unanimously.
Councilman Beckley also recommended this be considered for rezoning
possibly to M -1.
13. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came
forward to speak at this time.
14. MATTERS FROM CITY OFFICIALS:
The City Manager presented a communication advising Capt. Rob:fi..;Trask
had been appointed Captain of the Sheriff's Station in Temple City
as of May 3, 1968.
City Manager Koski presented a request for removal of a tree at
9231 Olive which is an obstruction for installation of curb and
gutter. Councilman Beckley moved to approve, Councilman Merritt
seconded, and the motion carried unanimously.
The City Manager presented a letter concerning the costs of apprais-
al services for realignment and improvement at Longden and Encinita
together with two alternate plans for the improvement. There would
be five properties involved and Mr. Howard Martin will be able to
provide appraisal services on these at a cost not to exceed $1250.
Following discussion Councilman Beckley moved to authorize Howard
Martin and Associates to proceed with the appraisals with maximum
time of 10 days and to report back to the Council at a cost not to
exceed :$1250., Councilman Harker seconded, and the motion carried
unanimously.
Councilman Harker reported, on his trip to Sacramento re AB 1166
requesting state participation in funding the regional airport
systems study involving 10 counties including Los Angeles County.
Council Minutes, May 7, 1968, page 7
Councilman Harker also reported on a library board meeting stating
the 1968 -69 budget was greater than the past year and would provide
additional books and some Sunday schedules. He also advised the
Council the Library Board was concerned with Temple City Library
re the only basement access of steep steps and which are hazardous
for the librarians carrying books up and down. The City has no
responsibility but this was reported to make the Council aware
of the situation.
Councilman Merritt stated the City was about to receive some $4000.
from A.B.C. taxes in the area, which is not a great deal but shows
we do not have as many bars as other cities who receive more.
15. ADJOURNMENT: Councilman Tyrell moved to adjourn, Councilman Beckley
seconded, and the motion carried unanimously. Council adjourned at
10:05 P. M. Next regular meeting of the City Council will be on
May 21, 1968, at 7:30 P. M. in the Council Chambers of the City Hall,
5938 Kauffman Ave., Temple City.
ATTEST:
1