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HomeMy Public PortalAboutCity Council_Minutes_1969-04-01_Regular 1969COUNCIL MINUTES CITY OF....TEMPLE CITY .APRIL 1 1969 INITIATION: 1. Mayor Briggs called the regular meeting of the City Council to order at 7:30 p.m. 2. Rev. Edwin Linberg, Temple City Christian Church, 9723 Garibaldi, Temple City, gave the invocation, following which 3. Mayor Briggs led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Harker, Merritt, Tyrell, Briggs ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich 5. APPROVAL QF MINUTES - Regular Meeting of March 18, 1969 Councilman Merritt moved to approve the minutes of the Regular Meeting of March 18, 1969, as mailed. Councilman Harker seconded and the motion carried unanimously. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. ' Re: AMENDMENTS TO TEMPLE CITY ZONING CODE - Non - Conforming Residential Uses (Resolution No. 69- 327PC) City Manager Koski advised that the public hearing had been called to consider amendment to existing zoning regulations relative to control of non - conforming residential uses, as recommended by the Planning Commission by Resolution No. 69- 327PC. Mayor Briggs declared the public hearing open. Planning Director Dragicevich presented background information, wherein he reported that the Resolution from the Planning Commission recommended that the building of garages be permitted on nonconforming residential lots, and that pre- existing single - family dwellings on R -3 and R -4 lots be permitted to enlarge without obtaining a variance; however, enlargement of existing residential structure on nonconforming R -1 and R -2 lots would not be permitted. Mayor Briggs asked if anyone wished to speak for or against the amendment. Mr. Robert Bock, 5328 Encinita Avenue, Temple City, who had initiated the request for amending the code to remove the nonconforming status of his and other similar properties in the City, stated that the proposed amendment was inadequate. His concerns included not being able to rebuild completely without a variance, the cost of the variance, and the conditions that are imposed in obtaining the variance which are not required of other property owners. He felt the property owner should have the right to build what he wishes, provided it is legal under the zoning ordinance. Mayor Briggs asked if any others wished to speak for or against the proposed amendment. Hearing npne, Councilman Merritt moved to close the public hearing, seconded by Councilman Harker and unanimously carried. Council Minutes, April 1, 1969 - Page 2 Planning Director Dragicevich clarified a report re. zoning in the City of Arcadia, wherein he advised that the report was based on the ordinance of the city and not on an attorney's interpretation at one time. Mayor Briggs stated that while reports from other cities may be relevant, we should not pattern after them but formulate what is best for our own community. He stated that others in the community feel that in some instances our City is not strict enough, causing a loss of property valuation to surrounding homes; and that overbuilding is not necessarily wise since investment cannot be recovered and adjacent properties devaluated therefrom. Councilman Merritt recommended that the words "off- street parking and /or storage" be substitued in place of "garages" in the resolution since he felt some provision should be made for including utility structures. Councilman Tyrell stated that he considered the proposal inadequate. He was of the opinion that a person should be able to rebuild, to add a room and /or rooms, or to build a garage or swimming pool on his property so long as requirements of zoning code re. set backs, area limites, etc., were met; and further that because no home had burned down was not justification for limiting the rebuilding. Councilman Harker stated he was sympathetic to Councilman Tyrell's statements, but felt the matter i ould be referred to a joint meeting with the Planning Commission, rather than just to deny. Councilman Beckley was concerned as to why Mr. Bock's property, which was large enough for a lot split, was nonconforming. Councilman Tyrell moved to refer the matter to an adjourned meeting with the Planning Commission to be held on April 14, 1969, at 7:30 p.m., so that the matter could be returned to the City Council at their regular meeting of May 6. The motion was seconded by Councilman Beckley and carried unanimously. Councilman Tyrell moved to reopen and continue the public hearing to May 6, 1969, at 7:30 p.m., seconded by Councilman Beckley and unanimously carried. 7. PUBLIC HEARING: 7:30 p.m. Re. Appeal filed by G. W. McClellan for Inland Marketing Co., Re. DENIAL OF CONDITIONAL USE PERMIT - SW CORNER OF BALDWIN AND OLIVE (Union Oil Station). City Manager Koski advised that the public hearing had been called to consider the appeal filed by G. W. McClellan, Inland Marketing Co., re. denial of conditional use permit for Union Oil Station at the southwest corner of Baldwin and Olive in Temple City. Mayor Briggs declared the public hearing open. Planning Director Dragicevich presented a staff report and background information on Planning Commission denial. A list of 19 conditions had been stipulated with three additional conditions added as a result of the Public Hearing, which were agreeable to the applicant. The location of the station and a drawing of the structure showing alterations was pointed out on exhibit presented to the Council. Mayor Briggs asked if anyone wished to speak for or against the appeal. Council Minutes, April 1•, 1969 - Page 3 Speaking in favor of the appeal were Bob Harrington of Fred Feder and Associates, an engineering company, who discussed the remodeling to be accomplished; and Bill Wooliec.k, 1370 Rexford Avenue, Pasadena, an employee of the applicant, speaking for the applicant. Also speaking in favor of the appeal was Mrs. Jane Bradley, 10155 Bogue Street, who welcomed the service provided at the station. Speaking against the appeal, Mr. Walter Shinner, 5319 Baldwin Avenue, stated he was opposed to a station at the location and expressed concern that the slope of the widened driveway may come over onto his property. Mayor Briggs asked if any others wished to speak for or against the appeal. Hearing none, Councilman Beckley moved to close the public hearing, seconded by Councilman Merritt and unanimously carried. Councilman Harker stated that it did not seem feasible to apply the standards for a new station to one that had been in existence for many years. It was the consensus of the Council that upgrading the present station would be far better for the City than the deterioration that may take place. It was moved by Councilman Tyrell that the appeal be granted subject to the conditions set forth in the staff recommenda- tions, and that the City Attorney be instructed to prepare a resolution to this effect. The motion was seconded by Councilman Harker and unanimously carried. ORDINANCE No. 69 -282: 2nd read. Re. REGULATION OF NEWSRACKS ON PUBLIC RIGHT -OF -WAY Mayor Briggs requested that this matter be deferred to the next regular meeting of the Council to be held on April 15, 1969, in order to provide representatives from the newspapers with sufficient time to provide alternate suggestions. ORDINANCE No. 69 -284: 2nd read. Re. CORRECTIONS TO REVISED ZONING MAP ADOPTED BY ORDINANCE No. 67 -238. City Attorney Martin presented Ordinance No. 69 -284 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY CORRECTING THE ZONING MAP OF THE CITY OF TEMPLE CITY BY REZONING CERTAIN PROPERTIES, for second reading. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unanimously carried to waive further reading and adopt. 10. ORDINANCE No. 69 -286: 1st read. Re. AMENDING BUILDING CODE TO PROVIDE FOR APPEAL TO BUILDING REHABILITATION APPEALS BOARD City Attorney Martin presented Ordinance No. 69 -286 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTIONS 9925 -1, 9925 -2 AND 9925 -3 TO THE TEMPLE CITY CODE, THEREBY AMENDING THE BUILDING LAWS ADOPTED BY ORDINANCE NO. 68 -267 AND THE 1968 EDITION OF THE COUNTY OF LOS ANGELES UNIFORM BUILDING LAWS, for first reading. He advised that this ordinance concerned the repair or rehabilitation of substandard structures, that at the last meeting the City Council designated the Council as an appellate jurisdiction, calling for the Planning Commission to act as the Building Rehabilitation Appeals Board and to make specific findings under which appellant would list his objections, which items were provided for in this ordinance. Councilman Merritt moved to waive further reading, Councilman Tyrell seconded and the motion carried unanimously, completing first reading of Ordinance No. 69 -286. 1 1 1 Council Minutes, April 1, 1969 - Page 4 11 PARKS & RECREATION COMMISSION RECOMMENDATIONS - Meeting of March 19, 1969 City Manager Koski presented the recommendation of the Parks and Recreation Commission to acquire property easterly of Live Oak Park, located generally between Glickman and Gracewood, to the extension of Bogue. It was moved by Councilman Tyrell, seconded by Councilman Harker and unanimously carried that staff be directed to negotiate the acquisition of the property. 12. PARKING LOT No. 8, MALL No. 5 - NORTH SIDE OF LAS TUNAS DRIVE, TEMPLE CITY BOULEVARD TO PRIMROSE - CONTRACT TIME EXTENSION City Manager Koski presented a request for the granting of extension of time of 9 calendar days, to and including April 11, 1969, for contractor to perform work as outlined in Schedules I, II and V for construction of Vehicle Parking Lot 8, Mall No. 5, W. R. Wilkinson Co., due to excessive rain in the months of February and March. It was moved by Councilman Harker, seconded by Councilman Merritt and unanimously carried that the time extension be granted without penalty, due to the excessive rains. 13. RESOLUTION No. 69 -899: APPOINTMENT OF POLICE COMMISSION AS PROVIDED BY SECTIONS 2750 -2752 OF THE TEMPLE CITY MUNICIPAL CODE. City Attorney Martin presented Resolution No. 69 -899, A RESOLUTION OF THE CITY OF TEMPLE CITY ESTABLISHING A POLICE COMMISSION, pursuant to the Provisions of Ordinance No. 69 -280, to appoint and designate the City Council as the Police Commission. Councilman Tyrell moved to adopt Resolution No. 69 -899, seconded by Councilman Merritt and unanimously carried. 14. RESOLUTION No. 69 -900: APPOINTING PERSONNEL - Stenographic Secretary, Recreation Department City Manager Koski presented Resolution No. 69 -900, A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. Councilman Tyrell moved to adopt, seconded by Councilman Harker and unanimously carried. 15. RESOLUTION No. 69 -901: WARRANTS AND DEMANDS Councilman Tyrell moved to adopt Resolution No. 69 -901, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $82,530.65, DEMAND NOS. 12373 through 12419, seconded by Councilman Harker and unanimously carried. 16. COMMUNICATIONS - None. 17. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Jane Bradley, 10155 Bogue Street, inquired as to proposed development of Live Oak Park and the acquisition of property She was advised that no final plans could be made until acquisition was completed; however, one of the alternatives would be to close Glickman and extend Bogue to Gracewood so that the park would not be bisected, creating a hazardous condition. Council Minutes, April 1, 1969 - Page 5 18. MATTERS FROM CITY OFFICIALS: City Manager Koski presented information on the Sixth Annual State Capitol Tour to be conducted on Tuesday, May 13, 1969, sponsored by the Chamber of Commerce of Temple City and the Chambers of neighboring cities of Covina, La Puente, Pico Rivera, West Covina and El Monte -South El Monte. It was moved by Councilman Beckley, seconded by Councilman Merritt and unan- imously carried that we approve the expenses of any of the Council who would be able to participate. City Manager Koski reported that the State Division of High- ways has advisted the City that freeway signing advocated by the City of Council of Temple City by Resolution No. 69 -896, would be installed in the very near future. City Manager Koski presented for Council consideration, informa- tion relative to the formation of a proposed Youth Commission for the City of Temple City. Purposes and objectives were outlined and a proposed charter provided for consideration. Councilman Beckley moved to approve the formation of a Youth Commission for the purpose and with the objectives set forth, and to instruct the City Attorney to prepare a resolution creating a Youth Commission as outlined. The motion was seconded by Councilman Merritt. Councilman Tyrell stated that he was opposed to the establish- ment of a Youth Commission on the same basis as the other Commissions, and that until such time as the Commission had an opportunity to prove itself to be effective in implementing the things it is designed to do, he felt it inappropriate to give the same precedence to this body as to the other Commissions. He stated that as time goes on the Youth Commission would find its scope and purpose, but should not commence on that basis. A roll call vote was taken on the motion, which passed as follows: AYES: Councilmen - Beckley, Harker, Merritt, Briggs NOES: Councilmen - Tyrell ABSENT: Councilmen -None Mayor Briggs read a letter he had received from Acting President Hayakawa, California State College at San Francisco, expressing appreciation for the support given by the City Council of Temple City. Mayor Briggs advised that a Citizens' Advisory Group would be appointed in the near future whose responsibility would be to study and consider ways of presenting the proposal of an overall lighting district in the City during the coming budget year, 1969 -70. 19. ARJOURNMENT It was moved by Councilman Harker, seconded by Councilman Beckley and unanimously carried to adjourn to a personnel session, and the meeting adjourned at 9:28 p.m. The City Council will hold a joint meeting with the Planning Commission at their adjourned meeting to be held on April 14, 1969, at 7:30 p.m. in the City Hall re. amendments to Temple City Zoning Code. The next regular meeting of the City Council will be on Tuesday, April 15, 1969, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 North Kauffman Avenue, Temple City. MAYO