HomeMy Public PortalAboutCity Council_Minutes_1969-07-01_Regular 1969COUNCIL MINUTES
CITY OF TEMPLE CITY
JULY 1, 1969
INITIATION:
1, Mayor Harker called the regular meeting of the City Council
to order at 7:32 p.m.
2. The invocation was given by Dr. James-::Webster,. Pas_tor, First
Baptist Church, 6019 Baldwin Avenue, Temple City.
3. Mayor Harker led the Pledge of Allegiance to the Flag.
4. ROLL CALL:
PRESENT: Councilmen: Beckley, Briggs, Merritt, Tyrell, Harker
ABSENT: Councilmen: None
ALSO PRESENT: City Manager Koski, City Attorney Martin, Director
of Public Works Pizzorno, Planning Technician Burnham
5. APPROVAL OF MINUTES:
It was moved by Councilman Merritt, seconded by Councilman
Briggs and carried that the minutes of the regular meeting held
June 17, 1969, be approved as presented; Councilman Tyrell
abstaining because he had been absent from the meeting.
A motion to delay action on minutes of Adjourned Meeting of
June 25, 1969, by Councilman Beckley, was withdrawn on the consent
of the second, because the minutes would be necessary to
considerations later in the meeting. A recess was declared to
provide time for the Councilmen to read the minutes.
Following the brief recess, the meeting was reconvened by
Mayor Harker. Councilman Merritt noted an omission on page 4,
wherein his remarks should have included that "the removal of
the 16 structures presently In the area, and construction of
nurses quarters on the site would provide a lesser density."
On page 1, in Mayor Harker's preface remarks, City Attorney
Martin noted that the remarks should be revised to read:
"...that the Council is familiar with the site and has been
apprised of all the previous discussion and reports concerning
Zone Variance Case No. 69- 283...." It was moved by Councilman
Beckley, seconded by Councilman Briggs and unanimously carried,
to approve the minutes of June 25, 1969, Adjourned Meeting, as
corrected.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. Application for Modification of
Conditional Use Permit (Case No. 69- 276PC) - Shell Oil.
Mayor Harker inquired if proper notice had been sent to all
concerned relative to the Public Hearing, which was affirmed
by the clerk. He then declared the Public Hearing open.,
City Manager Koski presented background information relative
to the appeal. He advised that several conditions of Resol-
ution No. 6.9 -3.26 granted by the Planning Commission had been
appealed by the applicant, and that the City Council, by
Resolution No. 69 -908, adopted May 6, 1969, had modified some
of the conditions, but had affirmed items "a" and "b" having
to do with reverse bay entrance and accompanying planter. The
applicant was now requesting that the reverse bay requirement
be deleted.
Council Minutes, Page 2 - July 1,. 1969
City Attorney Martin stated that the matter before the Council
this evening was the limited matter of the hydraulic hoist and
lubrication areas being reversed; that the Council had previously
decided, based on evidence set forth at the previous hearing,
that they should be reversed; and that either on the basis of
new evidence or from the political standpoint of getting one of
the Councilmen to change his mind, the application was submitted.
for modification....
Mayor Harker invited those who wished to speak in favor of the
modification of the conditional use requirement to come forward.
Robert Nibecker, Real ,Estate Representative, 1136 N. Brookhurst,
Anaheim, speaking for Shell Oil Company, addressed the Council.
He advised that the present 2 -bay structure at the corner of
Rosemead and Broadway had 4 pump islands, and was built in 1952.
It was Shell Oil's desire to convert the structure to include
3 bays, 2 pump islands, and extensive landscaping, in conformance'
with other conditions set forth by the Planning Commission and
the City Council, at an approximate cost of $70,000. He advised
that if the building is converted, that Shell Oil Company also
planned to remove the 24 -sheet billboard presently located at
the north - easterly corner of the property.
Mr. Nibecker stated that one member of the Council had stated
that the "reverse bays were set forth by the Planning Commission,
originally as a trend which has been noticed in the _.area." He .
stated that while he was sure many companies would convert, the
fact is that reverse bays are not a policy pattern, but an
alternate means of construction, which in this particular case,
Shell Oil does not choose to utilize. He stated that another
Councilman had said that reverse bays were a slight change, to
which he contended a 180° turn was more than slight. Further,
that some of the reasons he set forth for not installing reverse
bays had been described by one of the Councilmen as a smoke
screen. He advised that his arguments are not a smoke screen,
but are based on logic and 57 years of successful marketing in
the retail petroleum business, and that they relate to public
health, safety and welfare, or traffic safety, and to the operating
businessmen and the consumer.
In regard to safety, he stated that reverse bays create a blind
corner and are a hazard to both the pedestrian and the driver;
that the necessity of placing the building closer to the apex
reduces the visibility which would be afforded; that for women
customers there is a safety hazard in having to conduct their
business at the rear of the station, _which is undesirable in the
daytime and d gerous at night; that reverse bays can create an
attractive nuisance for unattended children who can come in from
the rear, and there could be a potential danger if they were to
jostle the hoist or enter other hazardous areas.
Mr. Nibecker continued that the safety of the dealer was also
a factor, since service stations are vulnerable to holdups,
and that crime was ever increasing. He considered that the
front bay provides greater safety in that a crime could take
place without being observed when the bays are reversed.
In regard to public welfare, Mr. Nibecker stated that with
reverse bays the noise would be funnelled to the rear, into
the residential area, whereas he maintained that any noise is
best channelled into the street, where, in this case, there
is a daily traffic count of 36,000.
Council Minutes, Page 3 - July 1, 1969
In regard to dealer objection, he considered the possible theft
of merchandise as a primary objection as it is difficult to super-
vise the area. Because of this, more man hours are required, causing-
increased costs. He stated that the dealer spends approximately 40%
over gross proceeds to adequately staff and operate the reverse
bay unit. Further, that there is a loss of revenue to competitive
units, as customers have no evidence that the station is open,
or whether the bays are occupied.
Mr. Nibecker contended that at the station at Rosemead and Broadway
it would be difficult to get cars in and out with the reverse bay
requirement, and advised that the 2 -bay station presently in oper-
ation is successful and profitable. Shell Oil wishes to rebuild in
order to attract and keep good businessmen with a modern facility
and that this is not presently being offered at this location. He
stated that the present dealer was leaving for another location and
that while he could not say he had left exclusively because Shell
Oil had not been able to rebuild, that it was a factor - -that they
have not been able to give a modern station to him.
Mr. Nibecker stated that Shell Oil is the only one who is taking a
calculated financial risk, that their management will not allow
them to risk corporate funds on what was believed to be an arbit-
rary condition established by those who are not sharing the risk and
who do not possess the same knowledge of the business. In summary
he stated that it was an arbitrary requirement that cannot be jus-
tified by the needs of public health, safety and welfare.
Robert Bock, 5328 Encinita, spoke in behalf of the applicant, to
the effect that this would discourage development in our City rather
than help it, and that Sehll Oil had presented a good sound proposal
for a development. He did not feel the City Council had a right to
tell them where they should put the entrance any more than where a
private citizen should put his entrance - -that it should be an option
of the company. He also stated that he did not feel the present
station, or any station that is operating in the City, was unsightly,
however the many closed stations were unsightly.- - -- Also, that
requirements set by the Planning Commission do not always take into
consideration the factors of the area, and that in one instance
where a planter had been required that only an 18" portion of
sidewalk was allowed to remain.
Following a period of questions and answers between the applicant,
Mr. Bock and the Council, Mayor Harker advised that much of the
discussion was repetition from the previous hearing, and in the interest
of expediency he suggested a motion ..that.. the .:_pr,ev;i ous... submitted evidence
and files be made a matter of record of the public hearing presently
being conducted. It was so moved by Councilman Briggs, seconded by
Councilman Merritt and unanimously carried.
Larry _..Woolverton, ..9534 Las: Tunas Drivel spoke in behalf of the
.Ch!amber. of Commerce Executive Board.; He stated that this executive
committee had met and discussed the matter. The Chamber Committee
had concluded that government, at times, becomes too stringent on
th'o individual businessman who is trying to modernize and that they
wished to back Shell Oil in their move to have these bays to the
front - -that it should be made an option. He stated that while he
may disagree with factory specifications on his building, that he
goes along with it, and that this independent business has to go
along with Shell Oil because they should know what they are doing.
He concluded that government is a little too stringent in going
against a small businessman in trying to run his own place.
City Manager Koski advised that for the record it should be noted
that Mr. Woolverton was representing the business community and
was speaking for the Executive Board of the Chamber of Commerce,
but unless it is a motion on the full board of Directors and so
voted, the comments should be taken accordingly.
Council Minutes, Page 4 - July 1, 1969
Alex Goodman, Manager of the Temple City Chamber of Commerce,
advised that the Chamber Bylaws allows the Executive Committee
to act between meetings, and that it was legal according to the
Bylaws; and that Mr. Woolverton was speaking on behalf of the
Committee with the Committee's consent and with their knowledge.
No one else came forward to speak, either in favor of or against
the matter.
Councilman Merritt moved to close the Public Hearing, seconded by
Councilman Briggs and unanimously carried.
Councilman Merritt asked to see pictures taken of a Shell Station
in the City of Claremont where reverse bays had been used, which
were provided to him by staff. He noted that this refuted Mr.
Nibecker's stand that Shell Oil Co. did not build reverse bays.
For the record, it was noted that the material at hand was new
evidence that had been introduced, and Mr. Nibecker was returned
to the stand for rebuttal.
Mr. Nibecker stated that his remarks were that the company did not
build reverse bays, except when they had no other option. In this
case there had been no other option in that it was a choice station
site that would be profitable, and for which there were other
contenders, and it was necessary in their efforts to obtain the
location to meet the requirements of the developer or landowner.
Councilman Tyrell noted that we have greater reason to be concerned
to adherence to specific requirements when it is an original or
new development of a piece of property, however in this case there
was no contemplated change in use, and that the only matter involved
was the desire to improve an existing facility.
Councilman Beckley stated that tearing down the building has the
same effect as starting over, and that therefore the conditions that
had been approved and in effect since June 27, 1967 should be im-
posed.
Councilman Tyrell stated that he was in entire accord with the
statements of the applicant and the backing of the Chamber of
Commerce Executive Committee, which consisted of five persons
representing the business community just as the five members of
the Council represented the citizens of Temple City. He contended
that when government becomes oppressive, it is in the best interest
of all persons that the interests be determined, either in one
favor or the other; that the function of government is to regulate
society in a reasonable manner, and that when it exceeds, it is
time somebody steps on it. If it should cost the City money to
defend this, then so be it, but that every person is entitled to
challenge the constitutionality of unreasonable, and he felt,
capricious, action of any government or government agent, and that
he hoped this would be done, so that the issue might be laid to
rest. He inquired, "Does government control us, and to what extent ?"
and advised that he personally did not feel government should con-
trol to this extent. He stated that since the result is quite
apparent, he was requesting that formal findings be made of the
majority opinion to place the determination on .a precise basis so
that a court has this for review to determine whether this is
arbitrary and capricious.
Councilman Beckley stated that he did not feel the Council was
being capricious, but rather that they were doing the job they
were elected to do; that the zoning ordinance had been enacted the
same as any other regulation that was needed to upgrade the City.
Also, that the requirements were the same as in many other cities,
and that if they are too stringent, that no doubt many cities would
be sued, and that he did not feel this was over - regulation, but
rather doing the best possible job for the City.
Council Minutes, Page 5 - July 1,. 1969
Councilman Briggs stated that he could appreciate the feeling
on all sides, but that he was confused by the action of the
Chamber of Commerce because the Chamber had made the greatest
fuss about gas stations on Las Tunas, and that this was not
consistent. He stated that he believed the rear bay entrance
was best because this is basically a bedroom community, and that
the businessmen as well as the residents have to be concerned with
the total condition of property, and that gas stations that are
closed down on Las Tunas do not add to property values. Also,
that on three different occasions he had seen near accidents at
one local station having front bays,' when people tried to get in
to the pumps just as someone was backing out of the bays, and
that this is a definite hazard. It was his contention that the
beautification of the station would increase both esthetics and
dollar value of businesses and residences of the community.
Councilman Merritt stated that he had not been extremely happy
about the new sign ordinance which would prohibit him from ever
putting a sign across the complete face of his place of business,
however he had gone along with the requirement in the best interest
of the City. He stated that Council action in requesting reverse
bays was not unreasonable in that it provided a greater safety
factor; and that the request was more valid than the sign ordin-
ance which was primarily for esthetics, and that the City was
therefore not out of line.
Mayor Harker stated that the concept of reverse bays was desirable
in his viewpoint, from the standpoint of appearance, however he did
not know to what extent it contributes to or reduces safety hazards,
but that since front bays had been in use for a long period of time,
that had they been extremely hazardous the companies would have
done something about them a long time ago. He stated that he was
concerned about the lack of action'on the part of Shell Oil to
upgrade the station if the modification were not granted, and
that the station would continue to exist and deteriorate from its
present condition in the forthcoming years. He noted that the
particular intersection is not a bedroom intersection, but a part
of the business community, and felt that ordinances and standards
established by the City should be tempered with flexibility,
and that in his opinion this was one such circumstance. He stated
that he was in favor of the matter being an option with the
applicant.
City Attorney Martin remarked that he had prepared no resolution
in advance for either granting or denying the request, and
advised that the proper motion should be to request the City
Attorney to prepare a resolution incorporating the findings
from the former hearing, setting forth the many reasons for the
Council grant, or reversal of the grant, and that whoever makes
the motion should include the reasons for the particular motion,
based on safety or other matters for which the City has police
power.
Councilman Merritt moved that the City Attorney be instructed
to prepare a resolution denying application for modification of
items (a) and (b) of Resolution No. 69 -908, adopted May 6, 1969,
dealing with reverse bays, on the basis that it is part of our
Planning Commission recommendations, and because of a greater
safety factor of reverse bays over front entrance bays, to be
returned to the next regular meeting of the City Council for
action. The motion was seconded by Councilman Beckley and carried
by the following roll call vote.
AYES: Councilmen- Beckley, Briggs, Merritt
NOES: Councilmen- Tyre11, Harker
Council Minutes, Page 6 - July 1, 1969
A recess was declared at 8:50 p.m., with the meeting again called to
order at 9 :00 p.m. by Mayor Harker.
7. BALDWIN AVENUE - Report on Condition of Pavement
Dpi! rector of Public Works Pizzorno reported that extensive inves-
tigation had been undertaken to determine the cause of failures
on Baldwin Avenue, and that in addition to his own studies, the
investigation had involved the permit inspectors; utility com-
panies; Krelle & Lewis, Engineers; County Road Department and
County Flood Control District. He noted that the failures all
happened in the same area between Lower Azusa Road and La Rosa,
east side, in an area where the right -of -way was recently acquired,
and further that all of the depressions were similar in nature,
being dish - shaped, and from 1/2" to 1 1/2" deep, which indicate
that it was not a surface failure. The cause of the failures
had not been determined, but many reasons were surmised, such as
sewer laterals, cesspools, old tree stumps, and underground
stream bed. Director of Public Works Pizzorno also noted that
the water from the heavy rains and watering of the median strip
could cause a greater compaction than usual, which resulted in
the failure in these areas. The matter was discussed at length
by the Council, including what steps should be taken to prevent
similar occurrence on other new construction. Councilman Merritt
recommended research into available records to determine where
cesspools may be located, prior to construction. Director of
Public Works Pizzorno advised that the use of vibroseis to find
these areas prior to construction may be another resource.
It was the recommendation of staff that skin- patching of the
depressions would provide the best means of repair at this time,
since it was presumed that the maximum compaction had been reached;
however if further settlement occurs, it may be necessary to dig
out to investigate. Cost of skin patching was estimated at less
than $500.
It was moved by Councilman Beckley, seconded by Councilman Briggs
and unanimously carried to skin -patch the pavement failures on
Baldwin Avenue. Staff was directed to proceed with the repairs,
and to report to Council how many locations were involved and the
total cost of the repair. It was recommended to staff that
watering of the median strip be looked into, with a view to more
frequent waterings for shorter periods of time.
8. ORDINANCE No. 69 -288: 2nd read. Re. Amendment to Temple City
Zoning Code - Excavation of Natural Resources.
City Attorney Martin presented Ordinance No. 69 -288 entitled
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 9202(33)
OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDITIONAL USE
PERMIT FOR NATURAL RESOURCES, for second reading. It was moved
by Councilman Tyrell, seconded by Councilman Briggs and unanimous-
ly carried to waive further reading and adopt.
9. ORDINANCE No. 69 -289: 2nd read. Re. Amendment to Temple City
Zoning Code - Outdoor Sign Regulations.
City Attorney Martin presented Ordinance No. 69 -289 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING THE CITY'S ZONING REGULATIONS WITH REFERENCE TO SIGNS
AND SIGN STRUCTURES, for second reading.. He advised that this
ordinance was the result of the discussions of the Planning
Commission and the Council. It was noted that rotating signs had
been agreed on at 6 RPM at the joint meeting, and so included in
the ordinance. It was moved by Councilman Merritt to waive further
reading and adopt, seconded by Councilman Briggs and unanimously
carried.
Council Minutes, Page 7 July 1, 1969
10. RESOLUTION No. 69 -929 - Zone Variance for Santa Anita Con-
valescent Hospital, 5522 N. Gracewood Avenue,
City Attorney Martin presented Resolution No. 69 -929 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
GRANTING A VARIANCE FOR SANTA ANITA (GRACEWOOD) CONVALESCENT
HOSPITAL, for adoption. Councilman Tyrell stated that para-
graph (h) on page 4 should specify that only RN's, LVN's,
nurses and nurses aides, and their spouses -no children allowed,
would occupy the Nurses' Quarters. He then moved adoption of
Resolution No. 69 -929 as modified. The motion was seconded
by Councilman Beckley and carried by the following roll call
vote:
AYES: Councilmen- Beckley, Merritt, Tyrell, Harker
NOES: Councilmen- Briggs
Councilman Briggs stated that while he voted no on the Resolution,
he was in favor of the expansion of the hospital, 'however he
considered the nurses quarters as an apartment house.
NEW BUSINESS:'
11. RESOLUTION No. 69 -930 - No City Tax
City Manager Koski presented Resolution No. 69 -930 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
INDICATING NO CITY TAX RATE FOR THE FISCAL YEAR 1969 -1970.
Councilman Tyrell moved to adopt, seconded by Councilman Merritt
and unanimously carried.
12. RESOLUTION No. 69 -931 - Salary Schedule and Pay Plan
City Manager Koski presented Resolution No. 69 -931 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ADOPTING A SALARY SCHEDULE AND PAY PLAN. Councilman Briggs
moved to adopt, seconded by Councilman Tyrell and unanimously
carried.
13. ORDINANCE No. 69 -290: 1st read. Re. Amending Section 2366
of the Temple City Municipal Code Relating to Vacation Leave
City Manager Koski presented Ordinance No. 69 -290 entitled
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 2366
OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO VACATION LEAVE
for first reading, .advising that the ordinance would grant to
employees who have completed their fifth year of employment,
one additional day of vacation for each year of employment,
to a maximum of fifteen days total. Councilman Tyrell moved
to waive further reading, seconded by Councilman Merritt and
unanimously carried.
14. PLANNING COMMISSION RECOMMENDATIONS - Meeting of June 24, 1969.
City Manager Koski presented the recommendations of the
Planning Commission from their meeting of June 24, 1969, in
which it was recommended to amend the Temple City Zoning
Ordinance with reference to household pets. Councilman Tyrell
moved to set the matter for Public Hearing on Tuesday,
August 5, 1969, at 7:30 p.m. in the Council Chambers of the
City Hall. Motion was,seconded .,by Councilman Briggs and
unanimously carried.
Council Minutes, Page 8 - July 1, 1969
15. WARRANTS & DEMANDS: Resolution No. 69 -932
Councilman Beckley moved to adopt Resolution No,. 69 -932,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $116,852.49,
demand Nos. 255 THROUGH.305. Councilman Briggs seconded the
motion and it carried .unanimously.
16. COMMUNICATIONS:
City Manager Koski presented a communication from Alex Goodman,
Manager, Temple City Chamber of Commerce, requesting per-
mission to hold a street sale on Las Tunas Drive on Thursday,
July 10 from 9 a.m. to 5 p.m., recommending approval, subject
to the necessary insurance. Councilman Briggs so moved, sec-
onded by Councilman Tyrell and the motion carried unanimously.
City Manager Koski presented a communication from the California
Division of Highways wherein it was reported that the Division
of Highways was initiating a functional classification study of
all existing highways, roads and streets in California, under
the Federal_--- -Aid Highway Act of 1968,.. with .a report due in
January 1970. The study involves county and city officials from
throughout the state, and will be a continuing effort. He
advised that staff will complete necessary forms as soon as they
are received.
17. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
Lt. Louis Acevedo, Temple City Station, extended an invitation
to the Council to ride in one of the patrol cars in the City
for the opportunity to see the functions and duties of the
officers.
Bob Sorensen, 9981 E. Bogue Street, inquired as to how the
salaries of City employees were paid, there being no City tax.
Mayor Harker explained how sales tax monies were returned to
the City, and allocation of gasoline tax monies for certain
purposes. He was also referred to Patti Bates, Public Relations
Officer, who provided him with brochures and other information
on City government.
No one else came forward to speak.
18. MATTERS FROM CITY OFFICIALS
City Manager Koski presented a request from the Temple City
Unified School District for use of City equipment in conjunction
with a varsity football game to be held at San Marino High on
Friday, October 31, 1969. He advised that in the past the City
had cooperated in this program by providing the City's high tower
and the manpower to operate it for special games of the season.
It was noted that the School District in turn provides services
to the City at various times without charge. Councilman Merritt
inquired as to whether this is charged to the Recreation Account
and was advised that it had not been in the past. Councilman
Tyrell moved to approve the request, seconded by Councilman
Beckley and carried by the following roll call vote:
AYES: Councilmen - Beckley, Briggs, Tyrell, Harker
NOES.: Councilmen - Merritt
Councilman Merritt advised that his !'No" vote was on the basis
that this was not the proper account.
Council Minutes, Page 9 - July 1, 1969
1
City Manager Koski reported that a 30 -day period had elapsed
for the trial period of hours of operation of the Jack- in -the-
Box and that there were no complaints, with apparent satisfaction
on the part of all parties concerned.
Councilman Beckley inquired as to the status of City Entrance
Signs. Director of Public Works Pizzorno advised that the
order had not been received, but that he would follow -up on
the matter and urge an early delivery.
Councilman Briggs expressed concern as to the condition of
several vacant service stations and suggested that some of
these may qualify for demolition under the nuisance abatement
ordinance. Staff was directed to check into the matter and
advise the Planning Commission of their findings so that proper
proceedings might be initiated to abate the nuisances.
9 ADJOURNMENT:
It was moved by Councilman Briggs to adjourn to a study session,
seconded and carried, and the meeting adjourned at 9:46 p.m.
The next regular meeting of the City Council will be on Tuesday,
July 15, 1969, at 7:30 p.m. in the Council Chambers of the
City Hall, 5938 North Kauffman Avenue, Temple City.
ATTEST:
b
Y CLERK
MAYOR