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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