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HomeMy Public PortalAboutCity Council_Minutes_1970-03-17_Regular 1970COUNCIL MINUTES CITY OF TEMPLE CITY MARCH 17, 1970 INITIATION: 1. Mayor Harker called the regular meeting of the City Council to order at 7:30 p.m. 2. The invocation was given by 3ishop Lowell J. Campbell, Church of Jesus Christ of Latter -Day Saints, Temple City Ward, 6249 Kauffman Avenue, Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Harker. 4. ROLL CALL: PRESENT: Councilmen- 3eckley, 3riggs, Merritt, Harker ABSENT: Councilmen - Tyrell ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Director of Public Works Pizzorno, Traffic Engineer Envall. Councilman Tyrell entered the meeting at 7:40 p.m., during the staff report on the first item of business. Mayor Harker welcomed students, and Sgt. Race, Sheriff's Department instructor, from the Citizen and the Law class of Oak Avenue School, who were present for the meeting. 5. APPROVAL OF MINUTES: Councilman Merritt and Councilman Briggs called attention to the following omissions in the minutes of March 3, 1970: Page 2, paragraph 3 - the motion regarding terminating the pending application of Standard Oil Company for Conditional Use Permit should include without prejudice, and to refer the matter back to to the Planning Commission for reprocessing to limit the core hole drilling rather than oil production in R -1 zones. Also that Councilman Tyrell left the Council Chambers for a short time follow- ing the vote on the motion, missing part of the dialog. Councilman Tyrell returned to the meeting while Mr. O'Bannon was speaking. Councilman Merritt moved to approve the minutes as corrected, seconded by Councilman Briggs and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: Re. Appeal from Planning Commission Decision, Conditional Use Permit No. 70 -308, Mr. and Mrs. Mario Consentino, 5604 N. Rosemead (Kennel). Mayor Harker declared the Public Hearing open. City Manager Koski advised that before the Council was an appeal from Planning Commission decision to expand existing kennel facilities (CUP Case No. 70 -308) by Mr. and Mrs. Mario Consentino, which was denied by the Planning. Commission by a 3 to 2 vote on January 27, 1970, and confirmed in Resolution No. 70- 370PC. Planning Director Dragicevich presented factual information, advising that the kennel presently occupied 9,208 square feet in a C -M zone at 5604 N. Rosemead Boulevard, approximately midway between 3roadway and Las Tunas. He advised that the same type of zoning existed to the north, south and west, with R -3 to the east. He advised that the present facility included housing for 54 animals, and included two portable runs. The proposed new Council Minutes, March 17, 1970 - Page 2 kennel was to house 28 animals. He advised that the applicant now wished to retain one of the portable runs, increasing total maximum to 42 animals for the facility. Councilman 3eckley questioned whether the Council could hear the matter if the request differed from that heard by the Planning Commission. City Attorney Martin advised that it was the prerog- ative of the Council to determine whether the application substantially deviated from that before the Planning Commission however he did not know whether this consideration would have affected the Planning Commission decision. Since the size or capacity of structure had not changed, only the possible usage which was embraced within the original application, Council pro- ceeded with the hearing. Staff proposals 1 through 18 were read by the Planning Director. Norman G. Oliver, Attorney for the applicant, 611 Sunset Boulevard, Los Angeles, presented arguments in favor of granting the Conditional Use Permit, in behalf of Mr. and Mrs. Consentino, applicants. He advised that it was during the course of the hearing that the applicant was requested to limit to 28 dogs, however that the scope was actually beyond, and that it had been a matter of communications. However that one facility housing 40 animals would be eliminated, substituting a new facility for 28 animals, making a reduction of 12 overall. He advised that three fundamental elements to the case must be considered: 1) that the applicant can and does meet all ordinance requirements, 2) all conditions required by staff, with the exception of modification as to the number of animals, will be met, and 3) it will improve the operation of the kennels and be a benefit to all concerned. He advised that the request met the three criteria of eligibility for Conditional Use Permit the site was adequate, sufficiency of access to streets, and there would be no adverse affect upon the enjoyment or valuation of adjacent property or public welfare -- rather it would be improved. He advised that church neighbors who were most affected by the operation of the kennel were receptive to the improvement. Councilman Tyrell inquired of Mr. Oliver the amount of investment and probable period of amortization of the improvements. Mr. Oliver advised that the new improvements were approximately $3,000, and suggested a 20 -year period of amortization. Councilman Tyrell in- quired further, if, should conditional use permit be granted, would the applicant be agreeable to completing the improvements, subject to a 10 -year limit of amortization. Upon further discussion, and inquiry as to whether the limit of 10 years and 42 dogs would be acceptable, Mr. Oliver agreed that this would be acceptable to the applicant, if at the end of ten years an extension could be applied for. Joe Clementino, Pastor of the church adjacent to the property, spoke in favor of the applicant, advising that the construction of a wall in 1965 had brought considerable improvement relative to noise factors, and the operation was acceptable to them, with no objection to the proposal for the new facility. Councilman Beckley moved to close the Public Hearing, seconded by Councilman Briggs and unanimously carried. City Attorney Martin called attention to the three criteria on which the Council must base their consideration, advising that in his opinion only the first reason of the Planning Commission denial, that it would be detrimental to the value and enjoyment of surrounding property, would be pertinent. Councilman Briggs stated that he felt we needed to get and keep more business in the City, not vacant buildings, and that the business concerned was a service for many people and that he could see nothing detrimental to the community, or inadequacy of site or street access. He considered that as to the time limits that Council Minutes, March 17, 1970 - Page 3 were suggested, this would take care of itself since increase of property values which may occur would also provide a market for the property for a new use. Councilman Beckley considered that the kennel will continue to operate in its present manner if the Conditional Use Permit is denied, which is less desirable than if the improvements are effected, and that in his opinion the three criteria are met. Councilman Merritt agreed with Councilman Briggs and Councilman Beckley, and advised that he felt the permit should be granted, subject to staff recommendations, with the proper amendments to allow for 42 dogs. Councilman Tyrell noted that Commissioner Garvin had objected to granting the permit, yet had said he had no objection to the kennel as it now exists, which he felt was incompatible since the new use would have improvements, plus 12 less dogs. He stated that he felt the time limit of ten years was not unreasonable, and moved that the permit be granted on the basis of a 10 -year limit, unless extended by the Council because of possible change of structure of that particular area, that the limit be 10 years, or such other time that the Council may allow, subject to staff recommendations 1 through 18, but with items 5 and 16 amended to retain one portable run and to allow for a maximum of 42 animals; and for the City Attorney to prepare appropriate resolution. The motion was seconded by Councilman Merritt and carried by the following roll call vote: AYES: Councilmen - Briggs, Merritt, Tyrell NOES: Councilmen - Beckley, Harker ABSENT: None Mayor Harker and Councilman Beckley advised that their "No" vote was not against granting the permit, but upon the 10 -year limitation included in the motion. 7 ORDINANCE No. 70 -305: 2nd read. Re. Change of Meeting Dates for the Parking Commission: City Attorney Martin presented Ordinance No. 70 -305 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 7320 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CHANGE OF REGULAR MEETING DATES OF THE PARKING COMMISSION for second reading. Council- man Tyrell moved to waive further reading and adopt, seconded by Councilman Briggs and unanimously carried. 8 EXTENSION OF PEDESTRIAN MALL 1B (9560 E. Las Tunas Drive) - Waiver of Vehicle Access Rights. City Manager Koski presented a waiver prepared by City Attorney Martin, wherein Jacob and Fanny Gunst waived access rights from the public alley to Lot 634, Tract 6561 (more commonly known as 9560 E. Las Tunas Drive) and which was accepted by the Council in behalf of the City. He advised that the extension of the pedestrian mall sidewalk, easterly for approximately 15 additional feet, could now be accomplished at no cost to the City, with design and construction of the subject improvements to be compatible with existing and future improvements. 9. PLANNING COMMISSION REPORT Re. ORDINANCE No. 69 -288 (Extraction of Natural Resources). City Manager Koski advised that pursuant to instruction, the Planning Commission had reviewed Ordinance No. 69 -288 relating to extraction of natural resources, which ordinance was not in conformance with the original Planning Commission intent in that Council Minutes, March 17, 1970 - Page 4 it did not include core hole testing, oil production and other processes "in all zones," to include residential zones. He advised that originally, the Planning Commission recommended that it be allowed in all zones, and that the Planning Commission had now reaffirmed this position, advising that each request for Conditional Use Permit will be considered separately, regardless of zone classification. Planning Director Dragicevich advised that the Planning Commission had three alternatives, 1) to agree with Ordinance No. 69 -288, 2) to modify their previous position, or 3) to adhere to their previous position, and that of these, they chose the third position. Councilman Briggs stated that he could not agree with the Planning Commission, and that he had made extensive study., that he did feel there was a safety factor involved for oil production, and that he did not believe oil wells belonged in R -1 zones. Councilman Beckley stated that he too felt core hole drilling and oil wells should be separated. Mayor Harker was concerned that if these items are split, that excavation and a series of other items, would not inadvertently be placed in incorrect categories. Councilman Merritt stated that he too did not wish to see oil wells in R -1 zones, however he felt this could be handled under the Conditional Use Permit, which may prove a more satisfactory way, particularly as fringe areas of R -1 may be involved. Mayor Harker summarized that in general it was the consensus of the Council to allow tests, core hole drilling and other items of short duration in R -1 or any zone, but to restrict oil well production to C and M zones. City Attorney Martin then presented drafts as follows: 1) Ordinance No. 70 -306, voiding Ordinance No. 69 -288 which was not a valid ordinance by reason of procedure, and 2) Ordinance No. 70 -307, separating core testing to be included in any zone, but allowing producing wells in C & M zones only, for consideration. Following discussion, Councilman Beckley moved to introduce ORDINANCE No. 70 -306 entitled, AN ORDINANCE OF THE CITY OF TEMPLE CITY DECLARING ORDINANCE No. 69-288 TO BE VOID AND REPEALING THE SAME and place on first reading. The motion was seconded by Councilman Briggs and unanimously carried. City Attorney Martin then presented ORDINANCE No. 70 -307 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING. SECTION 9202 (33) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO NATURAL RESOURCES. Councilman Briggs moved to introduce, and waive further reading, seconded by Councilman Beckley and unanimously carried. Councilman Briggs moved that because it had been necessary to terminate the application of Standard Oil Company for Conditional Use Permit, which had been done without prejudice, that in the event of reapplication for Conditional Use Permit by the applicant for the site previously considered by the Council, that the fee requirement be waived. The motion was seconded by Councilman Beckley and unanimously carried. NEW BUSINESS: 10. TRAFFIC COMMISSION RECOMMENDATIONS - Meeting of March 11, 1970 A. Item 5. Oak Avenue, South of Las Tunas Drive - Additional Regulations. Traffic Engineer Envall advised that in order to more effectively move traffic, and to increase visibility on Oak Avenue, which is only 36 feet wide in the vicinity of Thrifty - Ralph's. Council Minutes, March 17, 1970 - Page 5 Shopping Center, the following regulations were recommended: 1) Placement of 20 feet of additional red curb marking on the east side of Oak Avenue, north of Thrifty's driveway, and 46 feet of red curb marking south of Las Tunas Drive; 2) Placement of approximately 20 feet of red curb marking on the west side of Oak Avenue between the first and second driveway south of Las Tunas Drive; and 3) Placement of 50 feet of double centerline striping on Oak Avenue, south of Las Tunas. Councilman Merritt moved to approve, seconded by Councilman Beckley and unanimously carried. 8. Item 6. Lemon Avenue, north side, Temple City Boulevard to 400 feet east of Oak - Temporary Removal of Parking Restrictions. Traffic Engineer Envall advised that a request had been received from Wesley Bosson, Principal of Temple City High School, for relief from the restricted parking on the north side of Lemon Avenue adjacent to the high school, to allow parking for faculty members because of construction on the school premises causing closure of the faculty parking lot. Councilman Merritt moved to approve immediate temporary removal of signs reading "No Stopping from 7 a.m. to 5 p.m., School Days Only from the north side of Lemon Avenue, from Temple City Boulevard, westerly to the parking lot site, until June 19, 1970, the close of the school year. The motion was seconded by Mayor Harker and unanimously carried. C. Item 9. Communications - Time Limit Parking Enforcement. Traffic Engineer Envall advised that in conjunction with the recommendation of the Parking Commission for random enforcement at least once weekly of two -hour parking limits on public parking lots in the City, the Traffic Commission recommended similar enforcement for on- street parking within the City. Councilman Merritt moved to approve the random enforcement of two -hour parking limit on all posted two -hour restricted on- street parking within the City, at least once a week, seconded by Councilman Briggs and unanimously carried. D. Item 10. Matters from City Officials - Encinita and Broadway Restrictions for northbound traffic. Traffic Engineer Envall advised that the Traffic Commission recommended rescinding "Right Turn Lane Only" on Encinita Avenue, northbound, making it a through lane, and marking the Center lane "Left Turn Only." He stated that the signing had been accomplished on a "trial and error basis," and that it had been determined that unnecessary delays were caused by motorists making left turns, particularly during peak traffic flow. Councilman Beckley moved to approve the recommendation of the Traffic Commission, as outlined by the Traffic Engineer, seconded by Councilman Merritt and unanimously carried. 11. OLIVE STREET - El Monte Avenue to Arden Drive - Street Construction (Cash Contract 3381X) - Acceptance of Bid. City Manager Koski advised that nine bids had been received for the improvement of Olive Street, Arden Drive to El Monte Avenue, Cash Contract 3381X, with the low bid approximately 43% below the Engineer's estimate of $40,000. The most favorable bid was received from D & W Paving, Inc., of Glendora, in the sum of $22,778.96, and recommended award of contract to the low bidder. Councilman Merritt moved that the contract for the Olive Street Improvement, El Monte Avenue to Arden Drive, be awarded to D & W Paving, Inc., of Glendora, in the amount of $22,778.96, seconded by Councilman Briggs and unanimously carried. 12. RESOLUTION No. 70 -995: APPOINTMENT OF TEMPORARY PERSONNEL City Manager Koski presented Resolution No. 70 -995, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL. Councilman Tyrell moved to adopt, seconded by Councilman Briggs and unanimously carried. Council Minutes, March 17, 1970 - Page 6 13. RESOLUTION No. 70 -996: WARRANTS & DEMANDS - Demand Nos. 1646 through 1728, in the amount of $44,542.58. Councilman .Briggs moved to adopt Resolution No. 70 -996, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS.. IN THE SUM OF $44,542..58, DEMAND Nos .1646 THROUGH 1728. Councilman 3eckley seconded the motion which carried unanimously. Councilman Tyrell's inquiry relative to item 1704, tire chains, was referred to the City Manager for justification of intended use. 14. COMMUNICATIONS: Mayor Harker advised that a request had been received from Temple City Lodge No. 612 and Camellia Lodge No. 805, F &AM, to proclaim April 20 -24, 1970 as Public Schools' Week, and to read the proclamation before the City Council at the March 17 meeting. Mayor Harker so proclaimed Public Schools' Week for April 20 -24, 1970. Mayor Harker advised that he had received a communication from Mayor Felix of Magdalena, expressing regrets that he and others were unable to join our residents for the Camellia Festival. 15. MATTERS FROM CITY OFFICIALS: A. Councilman Beckley reported on the acquisition of a ram, named Gabriel, adopted by the City of Temple City and the Junior Woman's Club, and housed at the Los Angeles Zoo. He advised that the certificate that had been presented to him at picture- taking ceremonies at the zoo would be turned over to the Junior Woman's Club, who had collected the monies to allow this to come about. B. City Manager Koski presented a request from the Chamber of Commerce and the Temple City Jaycees, requesting use of the Council Chambers on Thursday, April 2, 1970, at 7:30 p.m., to conduct a candidates forum for the forthcoming municipal election. The request was concurred in by the Council. C. City Manager Koski advised that a letter had been received from Preston Hotchkis, Chairman for Californians for YES ON 7, urging endorsement of Proposition 7 on the June 2 State Primary Ballot, and outlining critical needs and difficulties of public agencies in selling bonds at the present 5% limit. Councilman Tyrell stated that while he was in favor of increasing the limit, the suggested increase to a possible 7% was an excessive increase. Councilman 3eckley moved to support Proposition 7, to raise interest on bonds from 5% to not more than 7 %, and to adopt Resolution No. 70 -997 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENDORSING PROPOSITION 7 ON THE JUNE 2, 1970, STATE PRIMARY ELECTION. The motion was seconded by Council- man Merritt and carried by the following roll call vote: AYES: NOES: ABSENT: Councilmen - Beckley, Merritt, Harker Councilmen - Briggs, Tyrell Councilmen -None D. City Manager Koski presented a request from Mrs. D. 'Beall, 5247 N. Halifax, to remove a Modesto Ash tree which has shallow root structure and has broken a water meter twice. Staff report presented by the City Manager was discussed, wherein it was recommended to coordinate the request with the Southern California Water Company in an attempt to relocate the meter, since the tree was still healthy, and if this is not feasible, to authorize 1 1 Council Minutes, March 17, 1970 - Page 7 the owner to remove the tree at his expense and replace with Crepe Myrtle. Councilman fyrell stated that exhibits did not show any positive damage to the curb, and suggested that future reports be more specific as to the damage involved. Councilman Briggs moved to approve the staff recommendations, and to proceed with steps as outlined, seconded by Councilman Merritt and unan- imously carried. E. Mayor Harker reported at length on the meeting with the Board of Supervisors on proposed increase of contract costs, which had been held that morning. F. Councilman Merritt reported on the general area of services provided by the Sheriff's Department, which are part of the Sheriff's statutory obligation to all cities. 19. ADJOURNMENT: Councilman 3riggs moved to adjourn to the next regular meeting of the City Council to be held on Tuesday, April 7, 1970, at 7:30 p.m. in the Council Chambers of the City Hall. The meeting adjourned at 9:30 p.m. ATTEST: MAYOR