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HomeMy Public PortalAboutCity Council_Minutes_1970-02-17_Regular 1970COUNCIL MINUTES CITY OF. TEMPLE CITY FEBRUARY 17,',1970 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 the Reverend Edward Clark, Temple City 3rethern Church, 5537 Temple City Boulevard. The Pledge of Allegiance to the Flag was led by Mayor Harker. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Briggs, Merritt, Tyrell, Harker ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Assistant City Manager Recupero, Director of Public Works Pizzorno, Traffic Engineer Enva APPROVAL OF THE MINUTES: Councilman Briggs moved to approve the minutes of the regular meeting of February 3, 1970, as printed, seconded by Councilman Merritt and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Appeal from Planning Commission Decision on Conditional Use Permit 70 -309 by Standard Oil Company of California for core -hole drilling at Live Oak Park. Before opening the Public Hearing, Mayor Harker advised he wished to go on record before the residents of the City, and his fellow- councilmen, that as a property owner in the City he too had signed a lease with Standard Oil, and that in this regard he had asked the City Attorney for a ruling as to any possible conflict of interest that would exist for him in voting on this issue. City Attorney Martin stated that the law is very explicit on this, in that the disclosure by Mayor Harker to the effect that he is a lessor removes any possible conflict of interest as a matter of law. He further advised that there is a secondary issue in that as a lessor there could be bias in his decision- making, being subjective and not objective. City Attorney Martin then inquired of Mayor Harker, if, having made the disclosure, he could fairly and With- out pre - determination, judge the issue this evening, to which Mayor Harker affirmed that he could, and that he would fairly represent the people of the community and the City in this matter. City Attorney Martin declared Mayor Harker eligible to participate in the decision - making on the issue. Councilman Beckley declared that he too had signed a lease with Standard Oil Company and that at the time of so doing, he had checked with the City Attorney to be certain that there would be no conflict of interest in his considerations on any issues that may come before the City Council. City Attorney Martin inquired of Councilman Beckley, if, having made the disclosure, he could fairly and without pre - determination, judge the issue this evening, to which Councilman Beckley affirmed that he had no pre- determination and that he could fairly judge the issue. City Attorney Martin declared Councilman Beckley eligible to participate in the decision - making on-'the issue. City Attorney Martin advised that letters, phone, calls and petitions received until 5 p.m. this evening included 110 persons opposing and 94 favoring the issue, but that except for opposing or favoring, the content of the messages would not be read and was Council Minutes, February 17, 1970 - Page 2 not accepted as testimony. He advised that the issue before the City Council was whether a conditional use permit shall be granted, and that in determining this, three criteria must be met: 1) the site must be adequate as to location, grade, topography and other physical factors, 2) roads and access must be adequate so as not to overload the streets, and 3) it must not be detrimental to the neighborhood properties or the City as a whole, and that these are the only issues before the City Council this evening. City Attorney Martin advised the applicant that the initial presentation should include all pertinent data the applicant had to offer, because the second chance to speak would be limited to rebuttal only. Mayor Harker then declared the Public Hearing open. Planning Director Dragicevich advised that Conditional Use Permit Case No. 70 -309, denied by the Planning Commission by a 3 to 2 vote on January 13, 1970, had been appealed by the applicant, Standard Oil Company of California, La Habra, within the required time. He stated that the applicant _proposed to obtain a temporary lease of City -owned property in an R -1 zone for the purpose of drilling a core -hole. He described by use of exhibits "A" and "B" the location of the approximate 100' x 200' proposed site, as easterly of Live Oak Park on the east side of Glickman, between Live Oak and Daines, and pointed out the location of proposed structures and equipment. Staff proposals 1 through 30, on file in the City Clerk's office, as previously presented before the Planning Commission Public Hearing, were outlined by the Planning Director. He advised that two new conditions were proposed at this time as follows: 28a) that the City shall have the authority to order shutdown of operations if it is determined that the operations are creating a nuisance and /or noise problem, and 28b) that the applicant shall work with the staff to reorient the site 900 toward the southeast to accommodate present development plans. The Planning Director advised that the basic reasons for the Planning Commission denial was that the use would be detrimental to surrounding R -1 property; and that in appealing the decision of the Planning Commission, the applicant had provided that the following conditions would be met: 1. In addition to noise reducing procedures previously pro- posed, Standard Oil will erect along the north, east and south sides of the site an accousti cally covered fence at least 20 ft. in height, with suggested hours of operation from 8 a.m. until 8 p.m. 2. A traffic control guard for traffic on Glickman Avenue will be provided during the moving in and moving out of equip- ment, and from 3 p.m. to 7 p.m. every week day, and at any other time when requested by the Traffic Engineer. 3. That if there are any increases in fire insurance premiums of adjoining owners attributed to the operation, Standard Oil will reimburse insured for any increased premiums paid. 4. That a security guard will be provided by Standard Oil at the site at all times. The Planning Director summarized that the request from Standard Oil was to conduct testing and geological core -hole drilling operation for 90 days from the time they start actual drilling on the proposed site, for the purpose of finding out if there is oil under the surface. Council Minutes, February 17, 1970 - Page 3 City Attorney Martin advised that since a great deal of testimony was submitted to the Planning Commission, with which Council was familiar, such testimony should be received at this time as a matter of record. Councilman Beckley moved to accept the Planning Commission testimony and minutes, to be made a part of this hearing, seconded by Councilman Briggs and unanimously carried. John Wild, Standard Oil Co., provided detailed plans of Standard Oil to carry out the core -hole drilling operation, following which a slide presentation was provided by John Spangler of Standard Oil, to describe the site and equipment generally used by that _company for core -hole d r i l l i n g , .._.describing length of time involved to bring in equipment as approximately two days, and three days to install walls, fence and soundproofing. Mr. Wild advised that a core -hole is a probe to find out if oil does exist under the surface as seismic surveys have indicated, and that the probe would probably extend from 8,000 to 10,000 feet. He stated that following the survey that the hole is sealed with concrete, and that the site would be restored to the then con- dition of the surrounding area. He described all safety measures including fence and guard that would be provided; soundproofing of operation, stacking of 90' pipe units which have a rubber collar to reduce noise; removal of debris; water consumption at nighttime vs. daytime; and other general standards the company is willing to meet. He also outlined the reasons for requesting use of this site in preference to any other, as described in letter dated February 16, 1970, on file in the office of the City Clerk. He advised that a survey of owners of 30 properties within the 300' radius of the outer perimeter of the site revealed that 16 residents indicated no objection and had so signed, two others preferred not to sign, two properties were owned by the City, and of the eight remaining properties, six owners objected and two were not located. He stated that within the City of Temple City there is a total of 4,268 lots, with 3,250 under lease to Standard Oil, or 85% of the area of interest. He advised that Standard Oil was ready to meet all of the requirements imposed by the City; that the roads would not be overloaded; that the site was adequate; that any 12 hours of operation established by the City would be suitable; and that while there may be some inconvenience, the operation would not be detrimental. Councilman Briggs inquired as to the number of employees that would be at the location. Mr. Wild advised that not more than ten employees would be involved at any one time, however that other persons such as the required representatives from various agencies for inspection would be present as necessary. Councilman Briggs and Councilman Merritt inquired as to the horsepower of the generator, the amount of noise that would emanate, and possible vibrations that may be felt in the immediate area. Mr. Wild did not know the horsepower of the generator, but advised that soundproofing of the site would eliminate most of the noise, and that there was no vibration from the operation. Councilman Tyrell inquired as to specific safety factors to prevent a flood or gush of oil that might spew forth, with a resultant fire hazard. Mr. Wild advised that protective devices are now employed in urban areas to safeguard against this possi- bility, and that all regulations of the County Fire Code and of the State are complied with. Councilman Tyrell also stated that the operation would be attractive to children. Mr. Wild described the fencing and guard arrangements that would preclude this as a hazard. Council Minutes, February 17, 1970 - Page 4 Councilman Tyrell inquired if Standard Oil was amenable to change of location within the park site, to a location which would limit truck traffic to Gracewood, and which contained vacant buildings owned by the City, and which Standard Oil would necessarily need to demolish for the City in order to use the site should the Conditional Use Permit be granted. Mr. Wild stated that the request would be acceptable to Standard Oil. Mayor Harker invited those present in the audience who wished to speak to come forward. Those speaking in favor were: David Padlipsky, 6119 N. Ivar, who presented a petition from 37 home owners on N. Ivar, between Longden and Garibaldi, who were also in favor. Al Nunamaker, 5750 Agnes, who stated that every improvement ever sought by the City had had opposition, and that he felt the property owners who had signed leases had a right to know if there was oil under their properties. He considered the noise element that may result as no worse than from other operations such as from tree trimming equipment or garbage pickup. R. C. Bradley, 10155 Bogue. Mr. and Mrs. Fred Gleickner, 5603 N. Halifax. Carl Lloyd, 9846 Olive, stated that recent well drilling by California Water Company was not too noisy, and that he did not believe core -hole drilling would be any worse. Don Fulwider, 5439 Parmerton, stated that this should be considered a benefit to the City the same as Flood Control and other projects. Ken Boline, 9939 Broadway. Bernard Cook, 5736 Rowland -(also owns property 3 blocks from proposed site) as Following testimony of those against, Lewis Bald, 9658 Longden, also spoke in favor. Those speaking against were: Ruth Giese, 5600 Glickman, who presented a picture from the February 16, 1970, Los Angeles Times, in which an oil well fire was pictured. She discussed her objection as a home owner near the proposed site and fe t that vacant properties in the area should have no say. Richard Andresen, 5570 Glickman, stated that Arcadia does not permit drilling for oil, and that R -1 residential area in the vicinity of the park would be disrupted if this permit is granted. Judy Helmuth, 10127 E. Bogue, stated they bought their home in the area because it was a quiet residential area and felt there would be an adverse effect if the drilling is permitted. She urged that another site be found if Standard Oil is allowed to drill within the City. She considered that Standard Oil was putting on the pressure to obtain this site as another site may cost them more. Curt Anderson, 5526 Ryland, advised that when Standard Oil was obtaining leases, they had made promises to the effect that royalties would take care of taxes. He stated that he had observed core tests in other areas that were noisy. Also, that Mr. Gresch of Standard Oil had told the Chamber of .Commerce meeting that Standard Oil people would not do the drilling, and that Mr. Wild had stated it would be Standard Oil personnel. Council Minutes., February.17, 1970 -.Page 5 Robert Saddoris, 5570 Ryland, stated that Standard Oil was only presenting the frosting, that in Montebello only 10.3 barrels are being pumped per day. He inctuired if we may be furnishing a site for the test, and that Arcadia would benefit. David Oakley, 9963 Duffy, presented pictures of an oil well fire in Granada Hills which occurred in December of 1968, and described the eruption of the Getty Oil hole in Los Angeles where a plug blew out in a back yard. He urged that if a conditional use permit is granted, that it not be limited to the conditions outlined as staff recommendat that in his opinion additional safeguards were necessary, and that further protection was also needed as to the noise factor. John Stacey, 5626 Gracewood, stated that the City had purchased the property for park development and was now about to exploit it for commercial use, and that he did not feel the City had that right. Mayor Harker asked those persons in the audience who favor approving the Standard Oil request to raise their hands, and 130 persons were counted. Those who were against were then asked to do likewise, and 44 persons were counted. For the record, it was again noted that petitions, letters and telephone calls received to 5 p.m., February 17, 1970, previously referred to, were counted as 94 persons in favor and 110 against. No one else came forward to speak. ions, Mayor Harker advised that it was now the option of the applicant to rebut, or clarify points in question. Mr. Wild of Standard Oil spoke to several points, i.e., that if oil is found, Standard Oil will look toward development in a suitable area; that it is not their intent to delay for any reason; that in a res- idential area such as this, more precautions as to noise and other factors are used than in commercial areas; that Standard Oil people will supervise the operation, but that a drilling contractor is em- ployed to drill the hole; that water is drawn at times convenient to maintain pressure; that the engine was slower than diesel, and the low est in noise power source available; that the Montebello field is an old field and no longer producing so provides no comparison for expectancy; that the cost of $250,000 to drill a core -hole is not an operation idly looked upon, and such expenditure is well considered by Standard Oil before undertaking the project; that oil in substantial quantities is being sought; that core -holes do not catch fire with modern methods and safety devices; that standards for abandonment of wells are set by the State, and holes are not carelessly left; that the refinements for drilling a core -hole in an R -1 area are much greater than in C -2 zone, both as to esthetics and sound; that if persons in the area are honestly seeking to sell their property and cannot do so during the 90 days Standard was drilling the core -hole, that assistance would be forthcoming from Standard Oil for such as taxes or interest that may be necessary. Upon question, Mr. Wild explained that the area of concern was centered at Baldwin and Live Oak, which was three- fourths in Temple City and one - fourth in Arcadia, and that the area can be reached by movement in various directions underground. A motion by Councilman Briggs to close the Public Hearing was with- drawn on consent of the second, when Mr. Stacey requested another opportunity to speak in opposition. Mr. Stacey reiterated that there are many people in the area who would be adversely affected, and that his property was one indicated by Standard Oil as not being against, however he was opposed. He was also concerned as to how Standard Oil could be legally held to developing the oil field, or even letting lessors know if oil is found. Council Minutes, February 17, 1970 - Page 6 Mr. Nunamaker asked to rebut in favor, and stated that the noise factor would be minimal. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Merritt and unanimously carried. Mayor Harker declared the matter now open for discussion among the Council. Councilman Tyrell suggested that experts be consulted for the purpos of determining standards that should be set relative to safety and noise factors since the Council had not received such background information for their deliberations to this point. Mayor Harker advised that if such testimony were to be received, it would be necessary to reopen the Public Hearing. Councilman Beckley moved to reopen the Public Hearing, and to continue the matter to Wednesday, February 25, 1970, at 7:30 p.m. in the City Hall, for the purpose of bringing in experts as described by Council- man Tyrell. Councilman Briggs seconded the motion which carried unanimously. Staff was directed to contact the County Engineer and Fire Departments, and /or State agencies, to bring in resource persons to provide assist- ance to the City Council in their consideration of Conditional Use Permit for Standard Oil Company, for use of Live Oak Park for core - hole drilling operation. 7 UNITED LUMBER CO.: Report re. Petition - Public Nuisance City Manager Koski advised that in discussing the problems reported by the complainant, re. United Lumber Company operations, Mr. Strand had indicated that the situation was very much improved. A report as to the effectiveness of traffic modification on Lower Azusa Road was not available since striping was not completed. Daniel Terzo, Inspector, Air Pollution Control District, reported that he had inspected the premises of United Lumber Company on five occasions and had found the operation to be in full compliance with all rules and regulations, and that all equipment met the standards of the APCD. Councilman Tyrell moved to receive and file the report, seconded by Councilman Briggs and unanimously carried. 8. RECOMMENDATIONS FROM TRAFFIC COMMISSION: Meeting of Feb. 4, 1970. A. ITEM 5 - BROADWAY: ENCINITA AVENUE TO WEST CITY LIMITS. Speed Limit Revision from 25 to 35 miles per hour. Traffic Engineer Envall advised that upgrading the speed limit from 25 miles per hour to 35 miles per hour on Broadway, from Encinita to west city limit, was recommended, based on percentile of 85 indicati traffic at 40 mph, and to conform to speed limit in unincorporated area adjacent to west city limits. Councilman Briggs stated that he was opposed to increasing the speed limit because of the limited length wherein the 35 mph speed limit would be in effect, with the street narrowing to two lanes at Encinita, and because of a school zone within the limits, and moved that the speed limit revision be denied. The motion was seconded by Councilman Tyrell and was defeated by the following roll call vote: AYES: Councilmen - Briggs, Tyrell NOES: Councilmen - Beckley, Merritt, Harker ng Council Minutes, February 17, 1970 - Page 7 Councilman Merritt moved to approve the speed limit revision as outlined by the Traffic Engineer, seconded by Councilman Beckley and carried by the following roll call vote: AYES: Councilmen - Beckley, Merritt, Harker NOES: Councilmen- Briggs, Tyrell B. ITEM 6 - DAINES DRIVE, NORTH SIDE, EASTERLY OF BALDWIN AVE. - Removal of parking restriction upon completion of this section of roa Traffic Engineer Envall advised that parking restrictions on Daines Drive, north side, easterly of Baldwin, are no longer required since the completion of this section of road. It was moved by Councilman Beckley, seconded by Councilman Merritt and unanimously carried to approve the recommendation of the Traffic Commission to remove the parking restrictions at this location. 9. AGREEMENT: COUNTY FLOOD CONTROL DISTRICT - to delete the resurfacing on Olive, between Arden and alley west of El Monte Avenue. Director of Public Works Pizzorno advised that the Flood Control District had agreed to delete trench resurfacing on Olive Street from Storm Drain Project No. 708, in order that the work could be included in proposed street construction project, for which the City would be reimbursed in the amount of $2,500 by the Flood Control Dis- trict upon approval of the agreement by the Board of Supervisors. It was moved by Councilman Merritt, seconded by Councilman Briggs and unanimously carried, to approve the deletion of resurfacing on Olive Street from Storm Drain Project No. 708, and to authorize the Mayor and City Clerk to sign the agreement on behalf of the City of Temple City. 10. OLIVE STREET - El Monte Avenue to Arden Drive: Plans and Specificati Director of Public Works Pizzorno advised that this project consists of removing and replacing deteriorated pavement, and that permanent trench resurfacing deleted from Supplemental Project 708 of the 1958 Storm Drain Bond Issue, was included as part of this project. Counci man Merritt moved to approve plans and specifications authorizing advertising for and receiving bids, seconded by Mayor Harker and unanimously carried. d. ons. 11. RESOLUTION No. 70 -988: LOWER AZUSA ROAD - TEMPLE CITY BLVD TO EL MONTE BOULEVARD - Request for State Allocation of FAS -UE Funds. Director of Public Works Pizzorno advised that pursuant to discussions with Supervisor Bonelli, the County Road Department had prepared a report to include Lower Azusa Road as a Federal Aid Secondary Urban Extension project to the State Division of Highways. He advised that the improvement of the project under the program would minimize the cost to Temple City in the amount of $371,000, and that the project must be submitted for eligibility in 1971 -72 by March 1, 1970. Councilman Beckley moved to adopt Resolution No. 70 -988 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY JOINING THE COUNTY OF LOS ANGELES AND CITY OF EL MONTE IN REQUESTING A STATE ALLOCATION OF FEDERAL -AID SECONDARY URBAN EXTENSION FUNDS FOR THE IMPROVEMENT OF LOWER AZUSA ROAD BETWEEN TEMPLE CITY BOULEVARD AND EL MONTE AVENUE, seconded by Councilman Merritt and unanimously carried 12. RESOLUTION No. 70 -990: Re. Withdrawing area within Temple City from County Lighting District No. 1608. Director of Public Works Pizzorno advised that the State Board of Equalization had requested that the City of Temple City take action to withdraw from County Lighting Maintenance District No. 1608, which had been overlooked at the time of the formation of a citywide lighting district. No property owners are affected, the area being only a 30' wide strip of Lower Azusa Road. Councilman Merritt moved to Council Minutes, February 17, 1970 - Page 8 adopt Resolution No. 70 -990 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF CALIF- ORNIA, WITHDRAWING THAT PORTION OF COUNTY LIGHTING MAINTENANCE DIS- TRICT No. 1608 WHICH IS INCLUDED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF TEMPLE CITY, seconded by Councilman Briggs and unanimously carried. 1 APPEAL BY APPLICANT: Re. Conditional Use Permit No. 70 -308 to expand existing kennel facilities at 5604 Rosemead Boulevard. Planning Director Dragicevich advised that an appeal re. Conditional Use Permit No. 70 -308, denied by the Planning Commission on January 27, 1970, had been submitted by the applicant within the required time. Council- man Tyrell moved to set for Publft Hearing on Tuesday, March 17, 1970, at 7:30 p.m. in the Council Chambers of the City Hall, seconded by Councilman 3riggs and unanimously carried. 14. WARRANTS & DEMANDS: RESOLUTION No. 70 -989 - Demand Nos. 1488 thru 1562, in the amount of $78,252.54. Councilman Briggs moved to adopt Resolution No. 70 -989, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $78,252.54, DEMAND NOS. 1488 THROUGH 1562. Councilman Merritt seconded the motion which carried unanimously. 15. COMMUNICATIONS: A. City Manager Koski presented a request for renewal of 1970 -71 membership in Southern California Association of Governments, in the amount of $666, which was a substantial increase from the previous Byear and which had been previously discussed by Council. Councilman eckley moved to approve the 1970-71 renewal, seconded by Councilman Merritt, and the motion carried by the following roll call vote: AYES: Councilmen - Beckley, Merritt, Tyrell, Harker NOES: Councilmen - 3riggs ABSTAINING: Councilmen -None B. City Manager Koski presented a request for approval from the Temple City Camellia Festival for the following vendors at the Camellia Festival parade route, assembly areas and disbanding areas: 1 ) ) Candied Apples - Parade Route - Wa Ko Ta N i Ka Horizon Club, Campfire Girls 2) Popcorn and Peanuts - Parade Route - Boy Scout Troop No. 174 3) Ice Cream - Parade Route and Disbanding Area - Cadette Girl Scout Troop No. 444 4) Coffee, Hot Chocolate, Doughnuts - Assembly Area - Girl Scout Troop No. 460 5) Camellia Hats - Parade Route and City Coverage - Rainbow Girls of Temple City 6) Helium Balloons and Aerial 3anners - Parade Route - Temple City Performing Arts Booster Club Councilman Tyrell moved to approve as presented, seconded by Mayor Harker and unanimously carried. C. City Manager Koski presented a request from the Temple City Chamber of Commerce to hold a special Sidewalk Sale on Las Tunas Drive on Monday, February 23, 1970, from 9 a.m. to 9 p.m., with "NO PARKING!' signs on Las Tunas to be posted during the event, between Primrose and Camellia Avenues, north and south sides. Also permission to post 28 "' x 22" promotional signs on City -owned extension poles and sidewalk sale posters in front of participating stores. Councilman Briggs moved to approve the request as outlined, seconded by. Councilman Beckley and unanimously carried. D. Assistant City Manager Recupero presented a request from Dick Denove Productions, Inc. to use Broadway Avenue, between Temple City Boulevard and Rosemead Boulevard, for the purpose of filming a television commercial for Aamco Corporation. He advised that the company was willing to hire two off -duty officers to assist in any way with traffic, and that the Sheriff's Department had reviewed the request and considered there were no apparent problems. Conditions Council Minutes, February__17, 1970 - Page .9 for granting. 'permission were outlined as follows: 1) A certificate of insurance to be filed, naming the City as co- insured. 2) Adherence to all vehicular regulations. 3) Employment of two off-duty Deputy Sheriffs, by the company. 4) All other emergency services to be advised of the activity, by the company. 5) That the City Manager be granted the authority to terminate the filming if deemed necessary. Councilman Beckley moved to approve, seconded by Councilman Tyrell and unanimously carried. 16. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one came forward. 17. MATTERS FROM CITY OFFICIALS: Councilman Briggs reported faulty operation of traffic signal at Temple City Boulevard and Garibaldi. Traffic Engineer Envall advised that he would investigate to assure proper operations at this intersection. 1$. ADJOURNMENT: Councilman Beckley moved to adjourn to Wednesday, February 25, 1970, at 7:30 p.m. in the Council Chambers of the City Hall, seconded by Councilman Briggs and unanimously carried, and the meeting adjourned at 11:52 p.m. 1 ATTEST: 1 y/ ca fl W,e. I TY CLERK MAYOR