Loading...
HomeMy Public PortalAboutCity Council_Minutes_1971-10-19_Regular 1971" CITY OF TEMPLE CITY COUNCIL MINUTES OCTOBER 19, 1971 INITIATION: L. Mayor Gilbertson called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by Pastor Ernest E. Perry, 7th Day Adventist Church, 9664 E. Broadway, Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: PRESENT: Councilmen- Briggs, Harker, Merritt, Tyrell, Gilbertson ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks & Recreation Director Kobett, Civil Engineering Assistant Linares, Traffic Engineer Envall, Administrative Assistant Biel. 5.. APPROVAL OF MINUTES: Councilman Briggs moved to approve the minutes of the regular meeting held on October 5, 1971, as written, seconded by Council- man Harker and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Conditional Use Permit 71 -347PC - Re. Appeal from denial by Planning Commission (Humble Oil). City Manager Koski advised that Conditional Use Permit Case No. 71 -347PC to build and operate a new automobile service station at southwest corner of Rosemead Boulevard and Las Tunas Drive had been denied by the Planning Commission at their regular meeting held on September 14, 1971, without prejudice, to allow Planning Commission time to make an in -depth study of potential development of Rosemead Boulevard and contiguous area. He further advised that the appeal by applicant had been received by the Council at their meeting of September 21, 1971, at which time Public Hearing was set for October 19, 1971, at 7:30 p.m., for which due notice was given. Mayor Gilbertson declared the public hearing open. Planning Director Dragicevich described the property involved by use of exhibits, showing existing and proposed development, giving staff report and proposals, which material is on file in the City Clerk's office. Councilman Harker moved that the minutes and records of the Planning Commission hearing_ be made apart of this proceeding, seconded by Councilman Merritt and unanimously carried. Mayor Gilbertson invited those present who wished to speak for or against the matter to come forward. Harold A. Martin, 18455 Burbank Boulevard, Tarzana, representing Humble Oil Co., stated that safety was a major value to be received from the proposed improvement because of better ingress and egress, and that the proposed building would be an asset to the City, which would be a complement to any shopping center that might result from future development of Rosemead Boulevard. Mrs. Lee Carter. Sierra Madre, advised that the proposed improvement by Humble Oil was a far greater improvement than they (the Carter's) the present owners, could do on their own. She advised that Council Minutes, October 19, 1971 - Page 2 present commitments did not allow for extension of the option to Humble Oil for a longer period of time. Ray Carter, 2508 Fairgreen, Monrovia, Acting Manager for the ser- vice station presently at the location, supported Mrs. Lee Carter's remarks, and urged Council consideration of the proposal because of the improvement to the community. He stated that their ingress was presently too close to the corner, causing back -up of traffic across the intersection. 7? Jerry Zernickow, 9669 Olive, owner of the motorcycle shop adjacent to the proposed improvement, stated that in conjunction with the improvement by Humble Oil, his business would be relocated at the corner of Live Oak and Rosemead where they would be remodeling a building and expanding their motorcycle business. Darwin Shaw, 3444 Damien, owner of property housing the motorcycle business, also spoke in favor of the proposed development for the betterment of the City. No one else came forward to speak. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Merritt and unanimously carried. Following discussion by the Council, it was moved by Councilman Tyrell, seconded by Councilman Merritt and unanimously carried that the public hearing be reopened for further review. City Attorney Martin stated for the record, that the hearing was now reopened, that all interested persons speaking on the matter were still present and so notified. Councilman Tyrell moved that in view of an item to be resolved, namely the requirement of a 35' radius to be provided at the southwest corner of Las Tunas Drive and Rosemead Boulevard, and the costs related to the relocation of the traffic signal, street light and accessories to be borne by the applicant, listed as Item No. 19 of staff recommendations, which had not been acceptable to the applicant at the Planning Commission hearing; that for the purpose of resolving this controversy and to enable the Council to make a field survey of the proposed service station, and to correlate the proposed development with the development of Rosemead Boulevard, that the hearing be continued to Tuesday, December 7, 1971, at 7:30 p.m. The motion was seconded by Councilman Briggs and unanimously carried. PUBLIC HEARING: 7;30 p.m. Zone Change Cases No. 71 -352 and 71 -354 Re. Appeal from Denial by Planning Commission (Ragsdale, Hinkley and Lovell). City Manager Koski advised that requests for change of zone in Zone Change Cases No. 71 -352 and 71 -354, at 6404,- 06, -12 N. Rosemead Boulevard, from R -3 to C -2, had been denied by the Planning Commission on September 21, 1971, as not being adequate for commercial development and not compatible with the general plan of the City. He advised further that joint appeal by the applicants, on the basis of the proposal to the Planning Commission, had been received by the City Council at their regular meeting held • on September 14, 1971, at which time Public Hearing was set by the Council for October 19, 1971, at 7:30 p.m., and that due notice was given for the hearing. He advised that the cases would be heard jointly, however action could be separate. Mayor Gilbertson declared the Public Hearing open. Planning Director Dragicevich gave the factual report, advising that this request involved three lots (2 of which are vacant, and the other containing two dwelling units), with a total area of approximately 26,000 sq. ft., and described the properties by use of exhibits. The proposed development of the properties, it was noted, would have no bearing on the change of zone, since conditions as to the use of the property cannot be attached to the granting of a zone change. Council Minutes, October 19, 1971 - Page 3 Zoning history of the property was clarified by Mr. Dragicevich as R -1 single family from 1930 -38; R -5 from 1938 -53; R -A from 1953 -59; C -2 from 1959 -64 when the first City zoning was adopted; and after 1964, R -3 multiple residential. He stated that access- ibility to the proposed parcels would be limited to northbound traffic only, and that staff recommendations were that the parcels as they exist today are too small and inadequate for separate commer- cial development, however if the three lots were together, ingress and egress from one lot to the other would alleviate some of the problem. Mayor Gilbertson invited those present who wished to speak for the matter to come forward. Clyde Hinckley, 4521 Lasheart Drive, La Canada, speaking in behalf of the Ragsdales, owners of the properties to the south, discussed the zoning of the property as having been C -2 prior to its present zoning, stating that he felt the four public hearings held by the Planning Commission prior to its present zoning, did not properly notify owners who resided out of state, even though legally published, and that the zone change at that time had been accomplished without their knowledge; further that he could find no reasons as to why it was changed. He felt that if the parcels were too small for commercial development, they would also be too small for R -3, and considered that the commercial development would be the most suitable use of the property and would also bring revenue to the City. He stated that if it was previously compatible as C -2, that it should again be compatible as C -2. Mr. Hinckley further stated that there seemed to be a question as to whether a joint plan would make a difference for zoning consider- ation, since what was going on the property was not a consideration for zoning. Councilman Tyrell inquired as to what would be proposed as adequate and reasonable development and still give equal regard for the property owners; whether it would be advisable for Mr. Hinckley to take some time to try to resolve the issue with the other property owner and with the assistance of staff. Mr. Hinckley stated that he was willing to take the time, that the appeal had to be made at this time in order to meet legal deadline, or it would have been a closed matter for a year. City Attorney Martin stated that recently this Council was faced with a similar decision with regard to R -3 for two properties when each individual piece was too small, and that the applicants were instructed to combine for R -3 use; and that this matter tonight was similar in that these parcels are too small, but that a consolidated parcel might be acceptable, and inquired of Mr. Hinckley if he were willing to examine this possibility, to-which Mr. Hinckley agreed. Dr. Robert Lovell, 255 S. Arroyo, San Gabriel, spoke regarding his porperty (the northerly parcel) being ready for improvement with a fine restaurant willing to locate there. He stated that the restaurant owners do not intend to put a bigger building on the property than the Planning Commission will allow. He further stated that considerable effort had been spent in 1959 in getting the property zoned C -2, which he felt was the only reasonable use, and that since that time it had been rezoned to R -3. Upon inquiry, he stated that he too would be agreeable to considering joint use of the properties. Angela Wong, 1309 Colorado, Pasadena, described the kind of restaurant planned for the location (Dr. Lovell's property). It was noted that parking requirements for a restaurant would be based on gross floor area. Frank Zrna, 9021 Emperor, owner of adjacent R -3 property, stated that C -2 seemed to be the most logical zoning and that it should not have been changed from that zoning in the first place. No one else wished to speak in favor of the matter. Coync i 1 M.i n tes` October- .19, -1971; - Page 4... Mayor Gilbertson •invited those who wished to speak against the matter to come forward. Don Bauman, 6438 Sultana, stated that he was opposed to strip zoning as:proposed, and that he felt inadequate parking would result in inconvenience to residents. Donald Buchanan, 9018 Emperor, stated he was opposed to the commercial development, and felt that the Planning Commission should be upheld in their decision. Mary Bindernaqel, 6411 Sultana, stated that businesses in the area are already having a rough time and that as a resident she was opposed to any more business coming in. Arthur Oliver, also a resident in the area, was opposed to an additional business in the area. No one else came forward to speak against the matter. Mrs. Letha Kent, 6406 Rosemead, came forward to speak in behalf of the applicant, stating that the property was not suitable for residential use. Mr. Hinckley spoke again re. the traffic problem, advising that as long as there are people, whether for residential or commercial development, there are traffic problems involved. Councilman Tyrell moved to continue the public hearing to December 7, 1971, at 7:30 p.m. seconded by Councilman Merrit Councilman Merritt stated that he felt the area was too small for R -3, but that a plan might be developed to make the area acceptable for C -2 zoning. He suggested that by knowing in advance what is going to be on the property, that some of the problems of C -1 or C -2 use could be avoided. Mayor Gilbertson stated that he was not in favor of commercial development and that this would be strip zoning. He stated that if it was too small for R -3, it was also too small for C -2 There being no opposition to the motion to continue the public hearing to December 7, 1971, it carried unanimously. 8. RESOLUTION NO. 71 -1138: Confirming Planning Commission Decision in Zone Variance Case No. 71 -341PC (Orville Mapes) City Attorney Martin presented Resolution No. 71 -1138 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING A VARIANCE IN ONE VARIANCE CASE NO. 71 -34.1. Councilman Tyrell moved to adopt, seconded by Councilman Harker and unanimously carried. ORDINANCE NO. 71 -338: 2nd read. Re. Amendment to Fire Code relating to cooking and ornamental fires. City Attorney Martin presented Ordinance No. 71 -338 for second reading by title only, entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3100, 3100.1, 3100.2, 3100.3, 3101 and 3115 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO FIRES. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Briggs, and unanimously carried. Council Minutes, October 19, 1971 - Page 5 NEW BUSINESS: 10. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of October 12, 1971 Vacation of Future Street Easement - Tract No. 11699 - RESOLUTION NO. 71 -1139. City Attorney Martin presented Resolution No. 71 -1139 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALIFORNIA, DECLARING ITS INTENTION TO VACATE THAT CERTAIN FUTURE STREET IN SAID CITY RUNNING 125 FEET WEST OF ARDEN DRIVE BETWEEN ARDEN DRIVE AND HALIFAX ROAD: BETWEEN OLIVE STREET ON THE NORTH AND FREER STREET ON THE SOUTH, TRACT NO. 11699, IN SAID CITY, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE PROPOSED VACATION, which was prepared based upon recommendation of the Planning Commission. Councilman Tyrell moved to adopt Resolution No. 71 -1139 setting Public Hearing for Tuesday, November 16, 1971, at 7:30 p.m., seconded by Councilman Briggs, and unanimously carried. 11. RECOMMENDATION FROM YOUTH COMMISSION - Meeting of October 13, 1971 Proposed Special Meeting with Sheriffs and City Council to discuss Law Enforcement Policies. City Manager Koski presented a request from the Youth Commission to hold a special meeting with the Sheriffs Department and City Council to discuss Law Enforcement Policies as outlined in their memorandum dated October 14, 1971. Councilman Briggs moved to accept the recommendation of the Youth Commission with City Manager's office to coordinate a mutually convenient meeting date, seconded by Councilman Tyrell and unanimously carried. 12. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of October 6, 1971. A. Glickman Avenue: Bogue Street to Daines Drive - Parallel Parking Stall Plan. Council received the recommendation of the Traffic Commission, outlining placement of parallel stalls on Glickman Avenue from Bogue Street to Daines Drive, with attendant red curb markings and appropriate signing and pavement markings., Following discussion, it was the opinion of the Council that in order to adequately accomplish the desired results that vacating the street was appropriate and that the area should then become a parking lot to accommodate persons using Live Oak Park. Councilman Tyrell moved to instruct the City Attorney to prepare a resolution vacating Glickman Avenue, Bogue Street to Daines Drive, seconded by Councilman Briggs and unanimously carried. City Attorney Martin presented Resolution No. 71 -1145 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO VACATE THAT CERTAIN STREET IN SAID CITY, GLICKMAN AVENUE, BOGUE STREET TO DAINES DRIVE, IN SAID CITY, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS TO THE PROPOSED VACATION, which set Public Hearing for December 7, 1971, at 7:30 p.m., seconded by Councilman Harker and unanimously carried. B. Wendon Street - Passenger Loading Zone. Council received the recommendation of the Traffic Commission regarding placement of a passenger loading zone on Wendon Street, adjacent to Longden School. Councilman Tyrell moved to approve placement of a passenger loading zone as outlined in memorandum of October 8, 1971, seconded by Councilman Briggs and unanimously carried. Council Minutes, October 19, 1971 - Page 6 C. Sultana Avenue: Emperor Avenue to Longden - Speed Regulations. Council received the recommendation of the Traffic Commission regarding excessive speeding of vehicles on Sultana. Councilman Tyrell moved to accept the recommendation of the Traffic Commission, placing a 25 m.p.h. speed limit sign on Sultana, as outlined in memorandum dated October 8, 1971, seconded by Councilman Harker and unanimously carried. D. El Monte Avenue at Olive Street - Crosswalk. Council received the recommendation of the Traffic Commission regarding replacement of a crosswalk, in that it offered a false sense of security. Councilman Briggs moved to accept the recommendation of the Traffic Commission to not replace the crosswalk, as outlined in memorandum dated October 8, 1971, seconded by Councilman Tyrell and unanimously carried. 13. RESOLUTION NO. 71 -1140: Employment of Personnel under Emergency Employment Act of 1971. Councilman Merritt moved to adopt Resolution No. 71 -1140 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL UNDER EMERGENCY EMPLOYMENT ACT OF 1971, seconded by Councilman Briggs and unanimously carried. 14. RESOLUTION No. 71 -1141: WARRANTS & DEMANDS, Demand Nos. 4834 thru 4881, in the Amount of $35,397.53. Councilman Merritt moved to adopt Resolution No. 71 -1141 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $35,397.53, DEMAND NOS. 4834 THRU 4881, seconded by Councilman Harker and unanimously carried. 15. COMMUNICATIONS: A. Chamber of Commerce - Quarterly Report. Larry Woolverton, President, Temple City Chamber of Commerce, presented the Quarterly Report for the period of July 1, 1971 to September 30, 1971, to the Council. B. Chamber of Commerce - Request to use City Facilities for :Christmas Street Decorations. City Manager Koski presented a request from the Chamber of Commerce relative to placing of Christmas street decorations on Las Tunas Drive, between Rowland and Muscatel, and one block north and south on Temple City Boulevard. Councilman Harker moved to approve the request of the Chamber of Commerce for placement of Christmas street decorations as out- lined, subject to necessary insurance, with installation date to be between November 18 and 24, 1971, and removal first working day after Christmas, seconded by Councilman Briggs and unanimously carried. C. Environmental Studies Committee. Council received a report from the Environmental Studies Committee, endorsed their efforts to implement items set forth in the original report to the Council on June 1 of this year. The Committee was urged to continue their work, and to advise Council as to their progress as more specific plans are developed. 1 1 Council Minutes, October 19, 1971 - Page 7 D. Appeal from Planning Commission decision Zone Variance No. 67 -207, Billy Bell. Council received an appeal regarding Zone Variance Case No. 67 -207 denied by the Planning Commission on October 12, 1971. Councilman Merritt moved to set Public Hearing on November 16, 1971 at 7:30 p.m., seconded by Councilman Briggs and unanimously carried. 16. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Donald P. Buchanan (employed by the State Division of Highways) spoke re. Rosemead Boulevard Development and advised that plans for this development may be available from that agency. Frank Zrna, 9021 Emperor, discussed desire to provide a 50 -year cycle storm drain on his property in place of 10 -year cycle drain provided in 1970 Storm Drain Project, at his own expense, which will be coordinated by staff. At this point Mayor Gilbertson paid recognition to Temple City Kiwanis Club, Donald Hoffman, President. Mr. Hoffman outlined activities of the organization, following which Mayor Gilbertson presented a certificate of appreciation to the Club, in recognition of the fine contribution provided to the community by this organization with its many members. 17. MATTERS FROM CITY OFFICIALS: A. Councilman Tyrell called attention to the recognition recently given to Mrs. Lucille Bullard, Chief Deputy City Clerk, in being named "Woman of the Year" by the Temple City Business and Professional Women's Club. B. Councilman Harker reported briefly on the recent SCAG Fall Conference, and the implications of the proposal for SCAG Tomorrow. He suggested that a meeting of the Council be held at an early date in order to evaluate the proposal so that a uniform response as a Council as to what SCAG should or should not be could be made to the organization. C. City Manager Koski presented Resolution No. 71 -1142 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF TEMPLE CITY FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE LAW ENFORCEMENT SERVICES AGREEMENT, advising that the services as requested were funded under the Pedestrian - Bicycle Safety Education and Enforcement Project, and that the Temple City Unified School District would reimburse the City for funds expended under this program. Councilman Tyrell moved to adopt Resolution No. 71 -1142, seconded by Councilman Briggs and unanimously carried. D. Reinstallation of Parking Restriction - Lemon Avenue, north side, adjacent to high school. Councilman Tyrell moved to approve a request from the Temple City High School to restore "No Parking 7 a.m. to 5 p.m., School Days Only" signs on two existing posts on the north side of Lemon Avenue, adjacent to the high school, to provide adequate parking space for busses. It was noted that the "No Stopping" signs suggested would also prohibit busses from stopping. The motion was seconded by Councilman Briggs and unanimously carried. E. Street Lighting Zone Boundaries - Adjustment of Zones. Councilman Tyrell moved to adopt Resolution No. 71-1143, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING RELATING TO AN ADJUSTMENT OF ITS STREET LIGHTING BOUNDARIES, setting Public Hearing for consideration of areas to be changed from Zone "B" to Zone "A" for Tuesday, November 16, 1971, at 7:30 p.m., The motion was seconded by Councilman Briggs and unanimously carried. Council Minutes, October 19, 1971 - Page 8 F. Notice of Claim - Injury at Live Oak Park - in behalf of James B. Stime, Jr. City Manager Koski advised that a notice of claim had been received in behalf of James B. Stime, Jr. for an injury occuring at Live Oak Park on July 15, 1971. Councilman Tyrell moved to deny the claim, and to refer t -ie matter to the City's insuring agency, J. Stanley McVay Insurance. The motion was seconded by Councilman Briggs and unanimously carried. G. Rosemead Boulevard Development. City Manager Koski presented a report summarizing the action and procedures required for the establishment and operation of a Community Redevelopment Agency, dated October 19, 1971, wherein certain steps were recommended for proceeding with the project which would revitalize the Rosemead Boulevard area. Following discussion Councilman Tyrell moved to adopt Resolution No. 71 -1144 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE PLANNING COMMISSION TO DESIGNATE A SURVEY AREA PURSUANT TO THE PROVISIONS OF SECTION 33310 OF THE HEALTH AND SAFETY CODE, seconded by Councilman Briggs and unanimously carried. H. Lower Azusa Road Improvements City Manager Koski presented a report of proposed construction for Lower Azusa Road improvement, dated October 19, 1971, which schedule and program were concurred in by Council. I. Councilman Merritt commented on the need to contact Alpha Beta Market relative to housekeeping of that property. J. Councilman Merritt advised that the old City entrance sign on Rosemead Boulevard at the underpass should be replaced. K. City Manager Koski reported that the City of Rosemead has indicated they will be going to bid in January for the improvement of Temple City Boulevard, lying within that City. L. Mayor Gilbertson proclaimed Sunday, October 31, 1971 as "Trick or Treat" Day. 18. ADJOURNMENT: Councilman Tyrell moved to adjourn at 10 :50 p.m., seconded by Councilman Briggs and unanimously carried. Next regular meeting of the Council to be held on Tuesday, November 2, 1971, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: Chief - Deputy City Clerk