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HomeMy Public PortalAboutCity Council_Minutes_1970-11-17_Regular 1970CITY OF TEMPLE CITY COUNCIL MINUTES NOVEMBER 17, 1970 INITIATION: 1. Mayor Merritt called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by Mayor Merritt, following which he led 3. the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen- Gilbertson, Harker, Tyrell, Merritt ABSENT: Councilmen - Briggs ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich Mayor Merritt moved to excuse Councilman Briggs from the meeting because of personal reasons, seconded by Councilman Harker and carried. 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the November 3, 1970, meeting as written, seconded by Councilman Harker and carried by the following roll call vote: AYES: Councilmen - Gilbertson, Harker, Merritt NOES: Councilmen -None ABSENT: Councilmen- Briggs ABSTAIN: Councilmen - Tyrell UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Change of Zone from R -1 to R -2, 9240 E. Longden Avenue, Temple City (Case No. 70- 326PC). City Manager Koski presented for consideration, the matter of change of zone from R -1 to R -2 at 9240 E. Longden Avenue, Temple City, which had received favorable recommendation from the Planning Commission. Mayor Merritt declared the Public Hearing open, following which Planning Director Dragicevich presented background information and described exhibits. He advised that the Planning Commission recommended a change of zone because subject property is located at the intersection of two collectors (Longden and Oak Avenues) and the adjacent area to the south is already zoned R -2, making it compatible with what is existing on Oak Avenue, and had adopted Resolution No. 70 -391PC confirming their recommendation. Mayor Merritt invited those present in the audience who wished to speak either for or against the matter to come forward. No one came forward. Councilman Gilbertson moved to close the Public Hearing, seconded by Councilman Harker and carried. Councilman Harker moved to approve the recommendation of the Planning Commission as set forth by Resolution No. 70- 326PC, and to instruct the City Attorney to prepare an ordinance to effect the change of zone, seconded by Councilman Gilbertson and carried. 7. PUBLIC HEARING: 7:30 p.m. Re. Change of Zone from R -4 to C -2, 4810, 4812 and 4816 N. Baldwin Avenue, and 10015 E. Lower Azusa Road, Temple City (Case No. 70- 323PC). City Manager Koski presented for consideration, the matter of zone change from R -4 to C -2, 4810, 4812 and 4816 N. Baldwin Avenue, and 10015 E. Lower Azusa Road, which had received favorable recommenda- tion from the Planning Commission. Council Minutes, November 17, 1970 - Page 2 Mayor Merritt declared the Public Hearing open, following which Planning Director Dragicevich presented background information and described exhibits. He advised that the Planning Commission had adopted Resolution No. 70 -389PC recommending the change of zone, it being compatible to the C -2 type of use, and because existing C -2 parcel was not practical in size. Mayor Merritt invited those present in the audience who wished to speak either for or against the matter to come forward. In favor: Bob Henley, Realtor, stated that he represented both the property owner and the applicant in this case, and that the owner was concerned should the conditional use appeal, pending on the use of the property, not be granted, that the rezoning could serve to her disadvantage. Therefore, it was her desire that the Council consider the appeal of the Shell Oil Company relative to reverse bay conditions, prior to taking any action as to rezoning. City Attorney Martin advised that such course was open to the Council, however cautioned that, assuming both might be granted, it would not assure that the Conditional Use Permit would be exercised. D. C. Noble, Shell Oil, stated that the rezoning, and appeal for relief of the reverse bay conditions, did not tie together except in use of the property. He advised that the same conditions remained on the property as when it was first considered for such use, and that it lends itself to be reasonable for their type of business. Against: George Smith, Manager of the Enco station at Lower Azusa and Temple City Boulevard, advised that he was against the rezoning since there were a number of service stations in proximity to the location, and that this would overload the area. It was called to Mr. Smith's attention by the City Attorney that his remarks were pertinent to the appeal of Conditional Use Permit which would be considered next, and not to the change of zone on the property, and would be referred to that item. No one else came forward to speak. Councilman Gilbertson moved to close the public hearing, seconded by Councilman Harker and carried. In order for the proceedings of the October 13, 1970, Planning Commission to be included as a matter of record as part of this hearing, Councilman Harker moved to reopen the public hearing and that such proceedings be so included, seconded by Councilman Gilbertson and carried. Mayor Merritt declared that action of the Council on this item would be deferred until the matter of the appeal of Shell Oil as to reverse bay conditions imposed by Resolution No. 70 -390PC was considered by the Council, listed as Item 8 on the agenda. 8. APPEAL - SHELL OIL CO.: Re. Conditional Use Permit No. 70 -324, Concerning Reverse Bay Conditions (Resol. 70- 390PC), 4800, 4810, 4812 and 4816 N. Baldwin Avenue, and 10015 E. Lower Azusa Road. City Manager Koski advised that Council had placed this matter on the agenda for consideration, based on the record of the Planning Commission, and that the appeal of Shell Oil Company was for the deletion of the reverse bay condition of Resolution No. 70- 390PC, adopted by the Planning Commission on October 13, 1970. City Council Minutes, November 17, 1970 - Page 3 Following discussion it was moved by Councilman Gilbertson, seconded by Councilman Tyrell and carried, to confirm the action of the Planning Commission with respect to granting the Conditional Use Permit, subject to the rezoning of the property which was not yet decided, and with the deletion of the condition of reverse bays, and to instruct the City Attorney to prepare the appropriate resolution. Councilman Tyrell advised that a previous request that came before the Council appealing the reverse bay condition had not received favorable consideration and that that improvement had been lost to the city because of an unreasonable requirement, While he noted that the composition of the Council had changed, he believed he had been the only member who had held out for the deletion of this condition, and stated that he believed it would be in the best interest of the Planning Commission and applicants, that the philosophy of the Council be made known for guidance in their decisions. Mayor Merritt spoke to the record that while he had previously been of the opinion that reverse bays should be required, he had looked into recent problems relative to pilferage and problems of stations operating under such conditions and that in the interest of this protection he believed other considerations of esthetics, noise factors, etc., were outweighed. Councilman Gilbertson advised that he had not been on the Council at the time of the previous decision, but that he did not believe that the requirement should be mandatory, and that it was not consistent that the station that had the most land had to conform, while the smaller stations were not so regulated. Councilman Harker noted for the record that his previous vote had been with Councilman Tyrell, and that it was his opinion that reverse bays were an option that should be encouraged, assuming that other conditions were met, but that it should not be a mandatory condition. 7. PUBLIC HEARING (continued) Councilman Tyrell moved to close the public hearing relative to Change of Zone from R -4 to C -2, 4810, 4812 and 4816 N. Baldwin Avenue and 10015 E. Lower Azusa Road, and to instruct the City Attorney to prepare an ordinance approving the change of zone, seconded by Councilman Gilbertson and carried. 9. REPORT ON PROPOSED ENVIRONMENTAL CONTROL COMMITTEE: City Manager Koski gave a progress report, including the responsibi- lities to be charged to the proposed environmental studies committee, together with suggested procedures for operation, which was received and filed. Mayor Merritt will name 7 members to the committee from a list of interested applicants. 10. NOTICE OF COMPLETION: Encinita Avenue - Southern Pacific Railroad to Broadway - Vernon Paving Co. ( Cash Contract 0294X) City Manager Koski presented a recommendation from the County Road Department relative to accepting completed project on Encinita Avenue, Southern Pacific Railroad to Broadway by Vernon Paving Co. Councilman Harker:moved to accept the work for improvement project, Encinita Avenue, Broadway to Southern Pacific Railroad (Cash Contract 0294X), to authorize the filing of Notice of Completion, and retention of 10% ($10,067) for 35 -day lien period, and that such retention also be subject to final settle- ment of claim on damage to City entrance sign which was damaged by the contractor and which was now on order. The motion was seconded by Mayor Merritt and carried. Council Minutes, November 17, 1970 - Page 4 11. RESOLUTION NO. 70 -1056: Re. APPOINTMENT OF PERSONNEL City Manager Koski presented Resolution No. 70 -1056 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL. Councilman Gilbertson moved to adopt, seconded by Councilman Tyrell and carried. 12. RESOLUTION NO. 70 -1057: WARRANTS AND DEMANDS. Councilman Tyrell moved to adopt Resolution No. 70 -1057 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY i\LLOWING CLAIMS AND DEMANDS IN THE SUM OF $44,777.81, DEMAND NOS. 3123 THRU 3182. The motion was seconded by Councilman Gilbertson and carried. Bef ore'.the'meeting was adjourned, it was called to the attention of the Council by the City Manager, that authorization for an additional warrant in the amount of $100,000 for investment of surplus funds was requested. It was so moved by Mayor Merritt, seconded by Councilman Gilbertson and carried. 13. COMMUNICATIONS: A. City Manager Koski presented a communication from the Southern California Association of Governments, requesting that an alternate representative be named to ensure a quorum at meetings. Councilman Tyrell moved that Councilman Gilbertson be named as alternate, seconded by Mayor Merritt and carried. B. City. Manager Koski presented a communication from the Temple City Chamber of Commerce in which their program for Christmas decorating was outlined and permission to proceed with same. Mayor Merritt moved to approve, subject to insurance coverage, seconded by Councilman Harker and carried. Council discussed decorations being up too early and the need to coordinate with the Chamber amore appropriate date for permitting decorations to be put up. 14. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Mrs. Jo Sheffinq, 4837 Hallowell, inquired as to why the northeast corner of Arden and Lower Azusa, was not in the City of Temple City. She was advised that El Monte had annexed this portion prior to the incorporation of Temple City. 15. MATTERS FROM CITY.. OFFICIALS: A. Councilman Gilbertson discussed at length the action taken on November 5, 1970, by the Board of Directors of the Los Angeles County Division, League of California Cities, in approving .a report of the Urban Problems Committee entitled "Changing Roles for Cities," and the far reaching effect upon concepts of "home rule" which were endangered by this endorsement. He advised that letters had been sent to all Councilman of cities in Los Angeles County, calling their attention to the report and the action that had been taken in a seemingly inappropriate manner, and urging that all cities adopt a resolution requesting .consideration by the Board of Di rectors of the League in setting aside this action for further consideration. He then proposed Resolution No. 70 -1058, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES, TO SET ASIDE ACTION TAKEN ON NOVEMBER 5, 1970, APPROVING REPORT OF THE URBAN PROBLEMS COMMITTEE ENTITLED "CHANGING ROLES FOR CITIES," AND TO PLACE THE MATTER ON A FUTURE AGENDA FOR FURTHER DISCUSSION, for consideration. It was moved by Councilman Tyrell to adopt Resolution No. 70 -1058, as proposed by Councilman Gilbertson, seconded by Mayor Merritt and carried. 1 1 1 Council Minutes, November 17, 1970 - Page 5 B. Councilman Tyrell discussed the continuig need for legislation relative to control of pollutants, particularli phosphates, and moved for second reading and adoption of Ordinance No. 70 -313 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 5120 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE SALE OF DETERGENTS CONTAINING PHOSPHATES, Councilman Gilbertson seconded the motion for purposes of discussion. Councilmen Gilbertson, Harker, and Merritt expressed the desire for further study of the matter by the environmental studies committee whose work should be completed by April, during which time more information could be obtained and cooperation with other cities could be developed. The motion for adoption of the ordinance was defeated by the following roll call vote: AYES: Councilman- Tyrell NOES: Councilmen - Gilbertson, Harker, Merritt ABSENT: Councilman - Briggs C. Councilman Tyrell suggested an immediate need for consideration by the Council of a proposed charter for the City of Temple City. The matter was referred to Study Session. D. City Manager Koski presented the following recommendations from the Traffic Commission: 1) From regular meeting of November 4, wherein random enforcement of on- street parking, Thanksgiving thru Christmas, in conjunction with recent recommendation of Parking Commission, was recommended. Mayor Merritt moved to approve, seconded by Councilman Harker. A roll call vote on the motion was taken, resulting in no action on the matter, as follows: AYES: Councilmen - Harker, Merritt NOES: Councilmen- Gilbertson, Tyrell ABSENT: Councilman- Briggs 2) From adjourned meeting of November 11, 1970, wherein temporary "No Parking" in front of Temple City Park on Saturday, December 5, 1970, from 10 a.m. - 4 p.m. for a special program of vehicle inspection on a voluntary basis was recommended. Councilman Gilbertson moved to approve, seconded by Mayor Merritt and carried. E. City Manager Koski presented a staff recommendation for a budget transfer in the amount of $255 from account No. 8483, Corporation Yard Improvements, to Account No. 8405, Corporation Yard Recurrent Personnel, to cover personnel costs associated with roofing improvements which had been accomplished at considerable savings to the City. Mayor Merritt moved to approve, seconded by Councilman Gilbertson and carried. 16. ADJOURNMENT: Councilman Tyrell moved to adjourn to a Study Session at 9:25 p.m., seconded by Councilman Gilbertson and carried. Next regular meeting of the City Council will be held on Tuesday, December 1, 1970, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 N. Kauffman Avenue, Temple City.. ATT )ST ::OO CHIEF DEPUTY CIT CLERK MAYOR