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HomeMy Public PortalAboutCity Council_Minutes_1971-11-16_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES NOVEMBER 16, 1971 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:40 p.m. II 2. The invocation was given by the Reverend Blaine Bender, Reorganized Church of Jesus Christ of Latter Day Saints. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: 1 1 PRESENT: Councilmen- Harker, Merritt, Gilbertson ABSENT: Councilmen- Briggs, Tyrell ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Director of Parks and Recreation Kobett, Civil Engineering Assistant Linares, Administrative Assistant Biel. Councilman Merritt moved to excuse Councilmen Briggs and Tyrell for cause, seconded by Councilman Harker and carried. In recognition of the Ministerial Association's effort to encourage people to read and study the Bible, and the Association's participation in an ecumenical effort as part of its Annual Community Thanksgiving Celebration, Mayor Gilbertson presented a proclamation to the Reverend Blaine Bender, President of the Ministerial Association, proclaiming the week of November 21 -28, 1971, as Bible Week in Temple City. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of November 2, 1971, however the motion was withdrawn since the remaining Councilmen present had not been in attendance at the previous meeting. The approval of the minutes was then deferred to the next meeting of the Council. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Appeal from Planning Commission Decision - Request for Modification - ZV Case 67 -207 (Billy Bell, owner - applicant). City Manager Koski advised that appeal for modification of zone variance case No. 67 -207, to extend the abatement period imposed as a condition therein, for property located at 10651 -57 61 E. Olive Street, Temple City, had been denied by the Planning Commission at a regular meeting held on October 12, 1971; °;_for reasons set forth in Resolution No. 71- 432PC, and that an appeal from the Planning Commission decision had been received by the Council at their regular meeting of October 19, 1971, at which time public hearing was set for November 16, 1971 at 7:30 p.m., for which due notice was given. Mayor Gilbertson declared the Public Hearing open. Planning Director Dragicevich provided a history of the zone variance that had been granted, subsequent appeals for modification of conditions, and advised that denial by the Planning Commission was based on the premise that the applicant had not shown any circumstances to legally grant the request, and that granting would be detrimental to the effect of the General Plan. Councilman Merritt moved that previous testimony and records from the Planning Commission hearings be made a part of the record of this hearing, seconded by Councilman Harker and carried. Council Minutes, November 16, 1971 - Page 2 Communications were received containing 22 signatures in favor of granting the modification, and one letter opposed, and were placed on record. Dale Ingram, El Monte, Consultant, speaking in behalf of his client Billy Bell, advised that Mr. Bell had occupied the barber shop at the location since 1954, and had purchased the property including the barber shop and grocery in 1964, and that at the time of the purchase the business functions were legally in operation, however in 1967 they were notified that the property was now legally non - conforming vs. conforming. At this time Mr. Bell was informed that if he wished to improve or add to his property, he would need to apply for a variance, and that this was done. He stated that the findings of the variance granted in 1967 are still valid at this time. As a condition of the variance in 1967, Mr. Bell was required to make substantial improvements to the properties and a dedication of 8' for widening plus some for curb return, and that this property now has the sole distinction as the only one who has voluntarily put in improvements of that nature. He stated that while the Planning Commission did not consider economic reasons as a basis for extension of the abatement period, he contended that abatement proceedings entirely wrap around economic reasons, that when granting an abatement period the type of construction, cost, etc., are taken into consideration to determine the amortization period to take care of the investment. He advised that at this time the lessee of the grocery store is moving away, and that only two years remain of the amortization period, and that it is not possible to find a new lessee for this remaining period. He recommended that if the modification is granted, the abatement period be extended for 5 and 5 year leases, which would extend the abatement period now on record from June 1974, to June 1982. He stated that if the modification were not granted, the store would probably become vacant which would not only be an additional problem to the City, but a financial burden to Mr. Bell. He further advised that the market provided a necessary service for the residents of the area. Arthur Fry, 4653 Whitney Drive, El Monte, stated that the store was freshly painted with a good color selection, and had a nice appearance. Robert Ingram, 5317 Zadel; Helen Gaffney, 10612 E. Olive; James Clark, 10627 E. Olive; William Sul 1 ivan, 5423 El Monte Avenue; Dorothy Johnson, 5459 Sara Mar; and John Whittaker, 10641 Olive spoke to the convenience of the store in the neighborhood. Jack Patterson, 10660 Rose Glenn, stated that he was in favor of small business, and that the store provided a service to the community. Paul DeSoney, 10685 Freer, stated this was the best use of the location. Virgil Jones , present store owner, discussed the service provided by a local store, particularly to the children of the area, and its value to the community. Speaking in opposition to the modification were the following: Ben Lissone, 10650 Olive, owner of properties across the street, felt that the residential community should not contain a grocery store, and that at the time they built in 1945, they had been advised by the County that the store could not remain. Council Minutes, November 16, 1971, Page 3 Ruth Lissonez 10650 Olive, stated that the store had been condemned and that the building was unsightly and that there was untidy housekeeping at the location, however that the building appearance was better now than it had been in the past. She also felt there was a noise problem from the location. Rosa Remers, who lives across the street and just north of the subject property, objected to a store being so close to her property and stated there was considerable litter that blew onto her property. No one else came forward to speak. Councilman Harker moved to close the public hearing, seconded by Councilman Merritt and carried. Mayor Gilbertson stated that he considered that local needs were different from the metropolitan area, and that small independent businesses were still needed, and that he did not feel it was intended that this Council would put anyone out of business, if the good of the community could be served otherwise. Councilman Harker noted that there is a difference in'the tasks set before the Planning Commission in considering a modification such as this, wherein the Planning Commission is held to carryings out policies of the Council, and that while they have a certain amount of flexibility, the Council has more latitude, and stated that any decision of the Council that may be contrary to that of the Planning Commission would not reflect on the judgements of that body. Councilman Merritt stated that the decision must be made on what is best for the City, and that he could not find anything that precluded this store from staying in business, except the time limit of the Zone Variance. He then moved that the appeal be granted and that the City Attorney instructed to prepare appropriate resolution, extending to June 1982, with conditions the same as those set forth in the original Planning Commission resolution granting the variance in 1967. The motion was seconded by Councilman Harker and carried. 7 PUBLIC HEARING: 7:30 p.m. Re. Street Lighting Zone Boundaries - Adjustment of Zone B to Zone A. City Manager Koski stated that before the Council was the proposal to adjust Zone Boundaries from B to A within the Street Lighting District of the City, and plan for improvements for El Monte Avenue, Live Oak to Lower Azusa Road; Arden Drive, Daines Drive to Lower Azusa Road; and Encinita Avenue, La Rosa Drive to Olive Street. Mayor Gilbertson declared the public hearing open. By use of exhibit, Civil Engineering Assistant Linares described the improvements that were to be made, noting that for El Monte Avenue twenty -two 11,000 lumen lamps would be installed on existing wood poles; on Encinita Avenue, six 7,000 lumen lamps would be installed on existing wood poles; and on Arden Drive between La Rosa and Daines, there are wood poles and that seven 7,000 lumen lamps would be installed on these poles within the subject limits, however that southerly of La Rosa Drive no wood poles exist, and that seven steel poles would be installed on the east side of Arden Drive with street lights to be installed overhead, all as outlined in memorandum dated November 11, 1971. Mayor Gilbertson invited those present who wished to speak on the matter to come forward. Council Minutes, November 16, 1971 - Page 4 (Rev.) John Stacey, 5626 Gracewood, advised that he did not live in the area concerned, but did not like so much light as was presently in his area (next to the park), and felt the lights were being arbitrarily placed by the City without regard to costs that must be absorbed by all taxpayers. He was advised that the lights were being recommended for select system streets, which was part of the plan when the lighting district was formed. Robert Bock, 5328 Encinita, spoke in behalf of the improvement, advising that it was in the best interest of the City for select system streets to have adequate lighting. Charles Fowler, 4902 El Monte Avenue, expressed appreciation for the improvement being recommended for the area in which he resides. Councilman Merritt moved to close the public hearing, seconded by Councilman Harker, and carried. Councilman Merritt moved to deny the protest and to adopt Resolution No. 71 -1149 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ADJUSTMENT OF THE ZONE BOUNDARIES OF THE STREET LIGHTING DISTRICT WITHIN THE CITY, and to approve the plan for improvement, seconded by Councilman Harker and carried. 8. RECOMMENDATION FROM PARKING COMMISSION - Meeting of November 1, 1971. Proposed Ordinance Concerning Municipal Parking Lots. City Manager Koski advised that a communication from the Chamber of Commerce had been received, requesting that additional time be given to evaluate the regulations to restrict employer and employee parking in municipally owned or operated parking lots. Mayor Gilbertson moved that the matter be referred back to the Parking Commission to allow time to discuss the proposed ordinance with the Chamber of Commerce, and to submit additional findings back to the Council following this study, seconded by Councilman Harker and carried. 9. SUNNYSLOPE WATER CO. Offer to purchase City -owned property at northeast corner of Longden and Encinita (CUP Case No. 71 -356) City Manager Koski advised that the Planning Commission had approved Conditional Use Permit Case No. 71 -356 by adopting Resolution No. 71 -436PC with respect to proposed water well on the northeast corner of Longden and Encinita, and that the applicant, Sunnyslope Water Company, has made an offer to purchase the property, subject to such Conditional Use Permit. Because a full Council was not present to consider the financial transaction, Councilman Harker moved to defer the matter to a meeting of a full Council, seconded by Councilman Merritt and carried. 10. COMMUNITY REDEVELOPMENT AGENCY ACTION. Council convened as the Community Redevelopment Agency, selecting Louis Gilbertson as Chairman, Karl Koski as Director and George Dragicevich as Assistant Director; approved Project Area as set forth by Planning Commission Resolution; approved the Preliminary Plan as set forth by Planning Commission; requested an advance of funds in the amount of $3,000 of the City Council for initial expenses in connection with redevelopment, such funds to be returned to the City as a result of proceeds from the development; approved proposed: agreement fol. legal seiv'i.ces of Eugene Jacobs; and adjourned until further call, The minutes, of the action of the Community Redevelopment Agency are set forth in full in the records of the Agency. I 13. TENTATIVE TRACT MAP No. 29535: Consideration of Final Map Approval - 9381 -45 La Rosa Drive (Bade Construction Co.) Planning Director Dragicevich presented Subdivision Tract Map No. 29535 for final map approval, for tract located on the north side of La Rosa Drive, between Agnes: Ave. and Golden West Ave. He advised the City Council that the applicant has complied with the City requirements imposed when the tentative tract map was approved by the City Council and had posted time certificates to guarantee faithful performance of the work, and to guarantee payment for labor and materials as provided. He also advised that the subdivider was requesting waiver of certain signatures, which he has been unable to secure. It was moved by Councilman Merritt, seconded by Councilman Harker and carried to approve Final Tract Map No. 29535, to accept street and easements as offered for dedication on map, approve work agreements for installation of sanitary sewers, setting survey monuments, tie points and furnishing tie notes, and to construct water system, pursuant to Section 11587(a) of Subdivision Map Act. City Council Minutes, November 16, 1971 - Page 5 NEW BUSINESS: 11. RECOMMENDATION FROM PLANNING COMMISSION: - Meeting of November 9, 1971. Clarification of Ambiguity on Antique Shops (Resolution 'No. 71- 439PC). City Manager Koski presented the recommendation of the Planning Commission relating to Clarification of Ambiguity on Antique Shops as outlined in Resolution No. 71- 439PC, adopted by the Planning Commission on November 9, 1971. It was moved by Councilman Merritt, seconded by Councilman Harker and carried to approve Planning Commission recommendation as out- lined in Resolution No. 71- 439PC, and to instruct the City Attorney to prepare appropriate ordinance-modifying the Municipal Code relating to antique shops and second -hand shops. 12. STREET IMPROVEMENTS: Curb, gutter and driveway approaches pursuant to Chapter 27 Streets and Highways Code (Cash Contract 4797X). A. SULTANA AVE: Between Broadway and Las Tunas Drive. B. VAL STREET: Golden West to 390' ± Westerly. City Manager Koski advised that plans and specifications for improvements of Sultana Avenue, between Broadway and Las Tunas Drive, and Val Street, Golden West to 390' t westerly, had been received from the County Road Department, together with Engineer's Estimate of the work to be done, in the amount of $27,970. Councilman Harker moved to approve plans and specifications for improvements of Sultana Avenue and Val Street and to authorize advertising for and receiving of bids, as outlined in memorandum dated November 11, 1971. The motion was seconded by Councilman Merritt and carried. 1 14. RESOLUTION No. 71 -1150: Warrants & Demands, Demand Nos. 4951 thru 5009, in the amount of $12,605.87. Councilman Harker moved to adopt Resolution No. 71 -1150 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $12,605.87, DEMAND NOS. 4951 THRU 5009, seconded by Mayor Gilbertson and carried. 1 Council Minutes, November 16, 1971 - Page 6 15. COMMUNICATIONS: Three letters expressing appreciation for the concert held in Temple City Park were received and filed. 16. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: There were none. 17. MATTERS FROM CITY OFFICIALS: A. PROPOSED SAN GABRIEL VALLEY COUNTY: Mayor Gilbertson requested response from the Council to go on record, and made a motion that the City: 1) support the concept of being a part of proposed new San Gabriel Valley County, 2) be willing to put up $1,000 to support such an economic feasibility study, and 3) support legislative efforts of Senator Richardson in seeking to change the existing law as it relates to petition process as regards to new counties. The motion was seconded by Councilman Merritt and carried. B. RESOLUTION No. 71 -1151: Use of Public Parks for Concerts or Similar Assemblies. At the request of the City Council, City Attorney Martin advised he had prepared a resolution re. request for use of public parks for concerts or similar assemblies, and presented Resolution No. 71 -1151 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING THE PARKS AND RECREATION DEPARTMENT AND THE PARKS AND RECREATION COMMISSION TO REVIEW REQUESTS FOR PERMITS FOR CONCERTS IN PUBLIC PLACES AND TO RECOMMEND TO THE CITY COUNCIL. Following discussion, it was moved by Councilman Harker, seconded by Councilman Merritt and carried, to adopt Resolution No. 71 -1151, as amended. C. LEASE FOR CITY VEHICLE (1972 Chrysler Station Wagon). It was moved by Councilman Merritt, seconded by Councilman Harker and carried to approve 2 -year lease for 1972 Chrysler Station Wagon from Triangle Leasing, and to authorize the Mayor to sign. D. BUDGET AMENDMENT SEPARATE ACCOUNTS FOR P.E.P. PROGRAM It was moved by Councilman Merritt, seconded by Councilman Harker and carried to establish Revenue Account No. 991 (Claim Reimbursements) in the amount of $25,500, and Expenditure Account No. 9400 (P.E.P. Program Expenses), in the amount of $25,500, and adjust the adopted budget accordingly. 18. ADJOURNMENT: It was moved by Councilman Merritt, seconded by Councilman Harker and carried to adjourn at 10:10 p.m. The next regular meeting of the City Council to be held Tuesday, December 7, 1971, at 7:30 p.m. in the Council Chambers of the City Hall.