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HomeMy Public PortalAboutCity Council_Minutes_1971-12-07_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES DECEMBER 7, 1971 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:40 p.m. 2. The invocation was given by the Reverend Kenneth Grant, Pastor, Westminster Presbyterian Church, 9642 E. Live Oak, 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, Civil Engineering Assistant Linares, Traffic Engineer Envall, Administrative Assistant Biel 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of November 2, 1971, seconded by Councilman Briggs and carried, Councilman Harker and Gilbertson abstaining. Councilman Harker moved to approve the minutes of the regular meeting of November 16, 1971, seconded by Councilman Merritt and carried, Councilmen Briggs and Tyrell abstaining. At this point Mayor Gilbertson called on William Dennis, President, . Temple City "Family" Y.M.C.A., for remarks on the contribution by the Y.M.C.A. to families and to the community. Mayor Gilbertson presented Mr. Dennis with a certificate of appreciation in recognition of the volunteer assistance provided by the many branches of the organization. UNFINISHED BUSINESS: 6A. PUBLIC HEARING (cont.): 7:30 p.m. Conditional Use Permit No. 71 -347PC - Re. Appeal from denial by Planning Commission (Humble Oil). Mayor Gilbertson advised that continued public hearing on the appeal from denial by Planning Commission for CUP No. 71 -347PC was now open. City Manager Koski reviewed the previous testimony provided to the Council which was in the record. Harold Martin, 18455 Burbank Boulevard, Tarzana, representing Humble Oil Co., requested that the location be removed from the redevelopment area which had been recommended to the CRA for study. He stated that the condition of the 35' radius to be provided at the southwest corner of Las Tunas and Rosemead Blvd., which had not been acceptable by Humble Oil at the Planning Commission hearing, was now acceptable. CRA Director Koski, being advised by the City Attorney that this was the appropriate time to make a recommendation from the Community Redevelopment Agency, presented a recommendation that the City Council enact a moratorium upon the project area, pending develop- ment of the final project plan. He advised that the portion conT.'.,: tained in the project area as outlined, could be detrimental to the entire development plan if the Conditional Use Permit were granted, and that the matter had been discussed with the applicant and property owner. He stated that a moratorium on the area would retain the entire area in a package to maintain its integrity so that a final plan could be adopted. He advised that a moratorium for 90 days on new construction would be for the entire area. No one else came forward to speak. Councilman Merritt moved to close the Public Hearing, seconded by Councilman Briggs and unanimously carried. Council Minutes, December7, 1971 e Page 2 Following discussion, Councilman Tyrell moved to deny the request for Conditional Use Permit as being cdetrimental to the surrounding property and would prohibit development of the area, and to instruct the City Attorney to prepare the appropriate resolution. Councilman Tyrell moved as a second motion, to enact Ordinance No. 71-340 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM LONING:ORDINANCE PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE IMPOSING A MORATORIUM ON BUILDING AND OCCUPANCY PERMITS IN A CERTAIN SECTOR OF THE CITY, PENDING PLANNING COMMISSION STUDIES WITH RESPECT THERETO, to place the moratorium on the area of study and to be adopted as an urgency ordinance. Councilman Harker seconded the motion to deny the Conditional Use Permit as outlined,.-.Following discussion as to additional cost that may be imposed on the applicant in the event of reapplication, Councilman Tyrell amended the motion, with the consent of the second, that the fee be waived in the event of reapplication. The motion to deny the Conditional Use Permit, as amended that the fee be waived in the event of reapplication, carried unanimously. Councilman Merritt seconded the motion to adopt Ordinance No. 71-340 as an urgency ordinance, which motion carried unanimously. Councilman Tyrell moved to deny any segregation of the property from the project area, seconded by Councilman Briggs and unanimously carried, 6B. OPTION TO PURCHASE PROPERTY (southwest corner of Las Tunas Drive and Rosemead Boulevard. In order to consider an offer concerning the property at the south- west corner of Las Tunas Drive and Rosemead Boulevard while persons involved were still present at the meeting, City Attorney Martin presented this matter at this time. The City Attorney explained that in meetings with the owner of the property, Mrs. Ruth Carter, representatives of Humble Oil Company and the City Manager, that an offer had been made by Mrs. Carter for an option to the City to purchase the property, taking over the position of Humble Oil during its option to purchase the property on or before December 1, 1972, which agreement was agreeable to Humble Oil Company. He advised that the agreed amount of $180,000 could be increased only in the event of increase in prime interest rate, and afforded the City the opportunity to stay flexible with regard to the purchase while the moratorium on the area was in effect. Following discussion, Councilman Tyrell moved to approve the recommendation and to instruct the City Attorney to prepare the document of agreement. The motion was seconded by Councilman Briggs and unanimously carried. Darwin Shaw, 3444 Damien Avenue, La Verne, owner of the property housing the motorcycle shop, inquired as to whether this offer in any way includes his property, which was involved in the request for conditional use permit, and was advised that it did not Upon inquiry from Mrs. T. 0. Schlotfeldt, 8911 Wedgewood, as to how people living in the project area were being affected, City Attorney Martin explained the following: 1) that the City Council had tentatively agreed that this area, Project Area No. 1, was suitable for redevelopment as a master planned area for Temple City, which is a tentative decision; 2) that before a decision can be made final, that there will be hearings before the Planning Commission,ithe Community Redevelopment Agency and the City Council, and that for all three hearings notices will be mailed to all of the people of the area, to determine whether this will be done, or not be done; and 3) that in order to prevent people from having losses in the interim while the redevelopment plan is being developed, the 90 -day moratorium has been put into effect, that within that time major construction which may be lost if redevelop- ment takes place is not permitted, however that this does not stop repairs for rehabilitation or minor work, that the purpose is to prevent anyone from getting injured or spending money needlessly. Council Minutes, December 7, 1971 - Page 3 7. PUBLIC HEARING (cont-.) - 7:30 p.m.: Zone Change Case Nos. 71 -352 and 71 -354 - Re. Appeal from denial by Planning Commission (Ragsdale, Hinckley and Lovell) Mayor Gilbertson advised that continued public hearing on the appeal from denial by Planning Commission in Zone Change Case Nos. 71 -352 and 71 -354 was now open. City Manager Koski reviewed the previous testimony provided to the Council which was in the record. Councilman Harker moved to include the Planning Commission records as part of the hearing, seconded by Councilman Merritt and unanimously carried. Traffic Engineer Envall reported that with respect to the possible erection of a fence in the median strip on Rosemead Boulevard, across from the area proposed for zone change to commercial use, that records from the State Division of Highways indicate there were no accidents in 1970 -71 from pedestrians crossing to business establishments, and that a fence is not justified. Robert A. Lovell, 255 S. Arroyo, San Gabriel, owner of the apex of the triangular shaped properties, advised that the prime objection relative to the development of his property had now been overcome, that the people involved have agreed to reduce the size of the building to give adequate room for necessary parking. He advised that while the properties would be developed simultaneously, it would not be joint inasmuch as the other developer preferred to proceed alone. Donald Paul Buchanan, 9018 San Gabriel Boulevard, reiterated his opposition to commercial development of the property. No one else came forward to speak. Councilman Briggs moved to close the public hearing, seconded by Councilman Harker and carried unanimously. Following discussion as to possible getting together of the parties involved to accomplish joint development of the property, Councilman Merritt moved to defer the matter to January 4, 1972, seconded by Councilman Harker. In discussion of the motion, inquiry was made to Clyde Hinckley, present in the audience, as to the possibility of cooperation of his client in developing the area as a unit. Mr. Hinckley advised that the property was presently in escrow, and that the prospective buyer was a builder and developer and that the pro- posed design for the property is not subject to- bhange. Councilman Merritt withdrew the motion to defer with the consent of the second. Councilman Briggs stated he agreed very strongly with the Planning Commission that the two lots are too small to develop individually. Mayor Gilbertson felt that the property did not meet the require- ments for commercial zoning. Councilman Merritt stated that at the time the property was rezoned to R -3, that may have been the best use for that time, but that this was no longer the case and that the property had been vacant for some time, however he would prefer to see development as C -2 in a single unit. Councilman Tyrell stated that unless some effort was provided to the property owners for development of the property, the owners will individually and collectively be denied and deprived from use of their property. Councilman Merritt moved that the application for zone change be denied, seconded by Mayor Gilbertson. The motion lost by the following roll call vote: Ayes: Merritt and Gilbertson; Noes: Briggs, Harker and Tyrell. Councilman Tyrell moved that the application for zone change be granted, and the City Attorney instructed to prepare appropriate ordinance for change of zone, for the next meeting of the Council, seconded by Councilman Harker and carried by the following roll call vote: Ayes: Briggs, Harker and Tyrell; Noes: Merritt and Gilbertson. Council Minutes, December 7, 1971 - Page 4 8. PUBLIC HEARING: 7:30 p.m. - Re. Proposed Vacation of Glickman Avenue, Bogue Street to Daines Drive. City Manager Koski advised that on October 19, 1971, the City Council had adopted Resolution No. 71 -1145 declaring intention .'to vacate Glickman Avenue, between Bogue Street and Daines Dr., and that public hearing regarding the proposed vacation had been set for December 7, 1971, and that necessary legal notice had been accomplished. He advised that while the Traffic Commission had recommended two way traffic be permitted to con- tinue following such vacation, it had been generally determined by the Council that better parking and safety for the community can be achieved by installing parallel parking stalls, asphalt berms to inhibit excessive speeding, and one -way traffic north to south, and necessary safety traffic ',striping and signing. Mayor Gilbertson declared the public hearing open and invited those present who wished to speak on the matter to come forward. No one came forward. Councilman Tyrell moved to close the public hearing, seconded by Councilman Harker and unanimously carried. Councilman Tyrell moved that the street be vacated, as per map and description on file, and that the City Attorney be instructed to prepare the appropriate resolution, seconded by Councilman Merritt and unanimously carried. Councilman Tyrell moved that the plan,:-as discussed and presented by the City Manager for use of the vacated street, be implemented, and that the costs involved be authorized and appropriated from the General Fund, and the Adopted Budget amended accordingly. The motion was seconded by Councilman Briggs and unanimously carried. 9. RESOLUTION No. 71 -1152: Granting Modification in Zone Variance Case No. 67 -207 (Billy Bell, owner - applicant), City Attorney Martin presented Resolution No. 71 -1152 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING A MODIFICATION OF CONDITIONS IN ONE VARIANCE CASE No. 67 -207 AND REVERSING RESOLUTION No. 71 -432PC OF THE PLANNING COMMISSION, to confirm the action of the Council taken at their last regular meeting. Councilman Harker moved to adopt, seconded by Councilman Merritt. The motion carried with Councilman Briggs and Tyrell abstaining. 10. CATV FRANCHISE PROPOSAL: City Manager Koski reported that this matter had been before the City Council on October 5, 1971, at which time the matter was continued to December 7, for further evaluation. He advised that there appeared to be no penalties involved in continuing the review. He reported that Pasadena City College is currently acting as coordinator for various school districts and anticipates a rather extensive report to be coming out in January, which will provide aspects so far as educational institutions are concerned, Councilman Tyrell expressed concern as to the possible limitations for educational purposes, because school district boundaries extend beyond City limits, and also several school districts lie partly within the City. Spence Wood of T.C.I. addressed the Council, suggesting that if the analysis prepared for the Council were made available to the companies submitting proposals, that additional data from the companies may be presented for consideration. Councilman Tyrell moved to continue the matter to February 1, 1972, and that the analysis be provided to the agencies concerned, seconded by Councilman Merritt and unanimously carried, Council Minutes, December 7, 1971 - Page 5 11. SUNNYSLOPE WATER CO. Offer to Purchase City -owned Property, n/e corner Longden and Encinita (CUP Case No. 71 -356) City Manager Koski presented a revised offer for pur.ahase of City -owned property at the northeast corner of Longden and Encinita, from Sunny Slope Water Company for the purpose of a well site for which conditional use permit had been granted by Planning Commission, in the amount of $12,500, subject to Quit Claim Deeds to be obtained by the City, all as outlined in communication dated December 7, 1971. Councilman Tyrell called attention to the requirement for insurance liability listed as Item (7) in Resolution No. 71- 436PC, as being inadequate, and should be increased to $1 million liability and $50,000 property damage. Councilman Merritt moved to accept the offer of Sunny Slope Water Company in the amount of $12,500, as outlined in communication dated December 7, 1971, subject to increase of liability insurance to $1 million, and property damage to $50,000, in connection with the conditional use permit for well drilling; to instruct the City Attorney to proceed with the preparation of the necessary documents for the sale of the property, and to authorize the Mayor and City Clerk to sign on behalf of the City. The motion was seconded by Councilman Harker and unanimously carried. NEW BUSINESS: 12. EL MONTE AVENUE: Live Oak to Lower Azusa Road (Cash Contract No. 4767X) Additional Work. City Manager Koski presented a recommendation from the Los Angeles County Road Department, advising that in order to construct this project to the satisfaction of the City, it was necessary to perform additional work. Councilman Tyrell moved to approve the recommendation and to authorize the additional work, which was itemized in letter from Los Angeles County Road Department, dated November 16, 1971. The motion was seconded by Councilman Harker and unanimously carried. 13. PARKS AND RECREATION COMMISSION RECOMMENDATION - Meeting of November 17, 1971: City Manager Koski presented a recommendation from. the Parks and Recreation Commission to accept a gift of one Newcomb Model EDT- 1225V, 25 Watt, 12" Record Player from the Jolly Mixers Square Dance Club of Temple City and the Twilight Twirlers Square Dance Club of Temple City. Councilman Tyrell moved to accept, with appreciation, the Newcomb Record Player as recommended by the Parks and Recreation Commission, seconded by Councilman Briggs and unanimously carried. 14. TRAFFIC COMMISSION RECOMMENDATION, - Meeting of December 1, 1971: City Manager Koski presented a recommendation from the Traffic Commission regarding removal of 35 mph speed limit signs at Lemon and Camino Real and placement of "school crossing" signs at approaches to Camino Real. Councilman Harker moved to approve the recommendation regarding the removal of signs, and placement of new signs as outlined in memorandum dated December 2, 1971, seconded by Councilman Merritt and unanimously carried. Council Minutes, December 7, 1971 - Page 6 15. PLANNING COMMISSION RECOMMENDATION - Meeting of November 23, 1971. City Manager Koski presented a recommendation from the Planning Commission regarding possible public nuisance at 9860 E. Val' Street, Temple City, and Resolution No. 71- 441PC, recommending abatement. He advised that the appeal period was still in effect, and that the item would be before the Council at their next meeting for confirmation, or public hearing if appeal is filed. 16. EMPLOYMENT OF PERSONNEL: A. Resolution No. 71 -1153 - Employment of Maintenance Man. It was moved by Councilman Tyrell, seconded by Councilman Harker and unanimously carried to adopt Resolution No. 71 -1153 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. B. Resolution No. 71 -1154 - Employment of Planning and Engineering Aide. It was moved by Councilman Tyrell, seconded by Councilman Briggs,; and unanimously carried to adopt Resolution No 71 -1154 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL UNDER EMERGENCY EMPLOYMENT ACT OF 1971. C. Resolution No. 71 -1155 - Employment of Temporary Personnel. It was moved by Councilman Briggs, seconded by Councilman Tyrell and unanimously carried to adopt Resolution No. 71 -1155 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL. 17. RESOLUTION No. 71 -1156: Warrants and Demands, Demand Nos. 5010 thru 5115, in the amount of $63,070.63. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unanimously carried to adopt Resolution No. 71 -1156 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $63,070.63, DEMAND NOS. 5010 THRU 5115. 18. COMMUNICATIONS: A. Request for Funds - Preliminary Expenses CRA City Manager Koski presented a request for an advance of monies in the amount of $3,000 from the Community Redevelopment Agency, for funding preliminary expenses and legal services, together with agreement prepared by the City Attorney. Councilman Tyrell moved to approve the request, and to authorize the Mayor and City Clerk to sign the agreement on behalf of the City, seconded by Councilman Harker and carried unanimously. B. Mrs. H. H. Cameron, 9916 E. Garibaldi, submitted a request for removal of high voltage wires in front of her home because of noises being emitted from them. Council heard Mrs. Cameron's request, but because the matter had been previously studied, and there was no indication that there was any basis for removal, Councilman Tyrell moved that the request be denied, seconded by Councilman Briggs and unanimously carried. C. National Foundation - March of Dimes On motion of Councilman Tyrell, seconded by Councilman Merritt and unanimously carried, a request from the National Foundation, March of Dimes, for 5 -year charitable solicitation permit, was approved. Council Minutes, December 7, 1971 - Page 7 D. Foodmaker, Inc. - Request to remove Security Guard at Jack -in- the -Box Restaurant, 9202 E. Las Tunas Drive. City Manager Koski presented a request from Al Ridgeway, Jack -in -the -Box Division, Foodmaker, Inc., for removal of permanent security guard at the Jack -in- the -Box Restaurant at 9202 E. Las Tunas Drive, Temple City. Mr. John Lawson, representing Jack -in- the -Box Division, present in the audience, described a security service now being implemented by Jack -in- the -Box, wherein a mobile unit squad fleet, staffed by off -duty Los Angeles police sergeants, was available to provide the security measures. A report from the Sheriff's office to the effect that if the security guard were discontinued, there may be a resurgence of the problem during the summer months, was received. Following discussion, Councilman Merritt moved to approve the request for discontinuing the permanent security guard, to be replaced by the mobile unit squad fleet as outlined by Mr. John Lawson, seconded by Councilman Harker and carried by the following roll call vote: Ayes: Harker, Merritt, Gilbertson; Noes: Briggs, Tyrell. 19. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: There was no one. 20. MATTERS FROM CITY OFFICIALS: A. Election Services — 1972 Municipal Election. City Manager Koski presented correspondence from Martin and Chapman, Election Suppliers, to provide services and supplies for the 1972 Municipal election, based on combined precincts in the same manner as the Charter election had been conducted. Councilman Tyrell moved to accept the proposal from Martin and Chapman for election services, in the estimated amount of $1,798.72 for the 1972 General Municipal Election, based on 16 combined precincts, seconded by Councilman Harker and unanimously carried. B. ORDINANCE No. 71 -339: 1st read. Re. Antique and Second Hand Stores. City Attorney Martin presented Ordinance No. 71 -339 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9390 (57), 9400 (57) AND 6500 (v) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO ANTIQUE AND SECOND HAND STORES for first reading. Councilman Harker moved to waive further reading, seconded by Councilman Tyrell and carried unanimously. C. Parking Commission Appointment. It was moved by Councilman Tyrell, seconded by Councilman Briggs and carried unanimously to appoint Robert D. Ross to fill the unexpired term on the Parking Commission until June 30, 1972. D. Councilman Tyrell noted that vehicles are running through the grass of newly acquired park area at Live Oak Park, and suggested a gate be p'l:aced:at:the location, to be kept locked. The staff was instructed to complete the necessary arrangements to secure the area. E. Councilman Tyrell called attention to Pearl :Harbor Day, a day of infamy 30 years ago. F. Councilman Harker invited those interested in supporting Sister City to a pot luck affair on January 20, 1972, at Live Oak Park, preceded by social hour at the Harker's. 1 1 Council Minutes, December 7, 1971 - Page 8. G. Councilman Harker reported on his attendance at the Comprehensive Transportation Committee Meeting. H. Mayor Gilbertson reported on meeting of December 2, 1971, with representatives from the City of El Monte and the Los Angeles County Board of Supervisors regarding Lower Azusa Road development. He advised that FASUE Funds wiM be discontinued, and as a phase -out of getting the project done, costs for Temple City would be $646,000, the County $40,000, and the City of El Monte $178,000. I. Mayor Gilbertson reported on a response received from Supervisor Bonelli and County Parks and Recreation Director Johnson, relative to development of Whittier Narrows and the proposed budget for the coming year. J. Mayor Gilbertson reported that he had received a citizens complaint from a woman who had been knocked down by two dogs and bitten, which accident had occurred on Primrose Ave. She was critical of the lack of cooperation that had been extended by the San Gabriel Valley Humane Society as well as the Sheriff's Department. The matter has been referred to staff for investigation and report. 21. COMMUNITY REDEVELOPMENT AGENCY ACTION: Council convened as the Community Redevelopment Agency, approving the minutes of the CRA Meeting of November 16, 1971; approved the contract with the City of Temple City relative to advance of funds; adopted Resolution No. CRA-I; setting meetings for the first and third Tuesdays of each month at 8 p.m.; appointed Lucille Bullard to serve as Secretary; and adjourned to December 21, 1971. The minutes of the CRA are set forth in full in the records of the Agency. 22. ADJOURNMENT: Councilman Tyrell moved to adjourn at 10:51 p.m., seconded by Councilman Briggs and unanimously carried. The next regular meeting of the City Council will be held on Tuesday, December 21, 1971, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: Deputy City' Cler