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