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