HomeMy Public PortalAboutCity Council_Minutes_1972-08-01_Regular 19721
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CITY OF TEMPLE CITY
COUNCIL MINUTES
AUGUST 1, 1972
INITIATION:
1. Mayor Briggs.called the regular meeting of the City Council to
order.at:7:40 p.m. on Tuesday, August 1, 1972,
2. The..invocation was given by the Reverend Father George Breslin,
Assistant Pastor, St. Luke's Catholic Church, Broadway :at
Cloverly, Temple City.
3. Mayor Briggs Jed the Pledge of Allegiance to the Flag.
4. ROLL CALL:
Present: Councilmen - Gilbertson, Merritt, Briggs
Absent: Councilmen-Dennis, Tyrell
Also Present:. City Manager Koski, City Attorney Martin,
Planning Director Dragicevich, Civil. Engineering
Assistant Linares, Traffic Engineer Envall,
Administrative Assistant Biel, Senior Building
Engineering Inspector Langstaff
It was noted that Councilman Tyrell had advised that he would
be late. Councilman Gilbertson moved to excuse the .absence of
Councilman Denns, seconded by Councilman Merritt and carried.
Councilman Tyrell arrived at 8:25 p.m. and was ..present for mo5.t
of the discussion of Item 8, and subsequent items.
5. APPROVAL OF MINUTES:
Councilman. Gilbertson moved to approve the minutes of the
regular meeting of the Council held on July 18, 1972, seconded
by Councilman. Merritt and carried.
Councilman Merritt moved to approve the ,minutes of the
special meeting of the Council held on July 25, 1972, seconded
by Councilman Gilbertson and carried.
RECOGNITi0N.OF TEMPLECITY EXPLORER UNIT No, 169 by proclamation of
Mayor Briggs was given at this time. The group was commended for
outstanding effort and success in athletic competition with three
w- inning teams to represent the United States Explorers at the
Summer Olympics in Munich, Germany, and for bringing nationwide
recognition to Temple City.
Pr: or'to:cords'ideration of agenda items, Counc.I1 concurred in the
following , appointments to Commissions with the appointees then being
sworn in.. by' .the City Clerk:
:: 38 Charles T. Harrington, Parks and Recreation Commissioner,
appointment to June 30, 1974.
2. Robert A. Collister, Planning Commissioner, appointment to
June 30, 1974.
UNFINISHED BUSINESS:.
6. PUBLIC- HEARING: 7:30 p.m. Re. Appeal from Planning Commission
Decision - ZV Case No. 72 -374 (Odife Vaught, 6029 Primrose Ave.)
City Manager Koski presented background information, advising that
the Planning. Commission at their regular meeting of July 11, 1972, .
adopted Resolution No. 72 -464PC denying a variance in that the
requirements for ':gr.an.t;i;rhg ac va r_ i ance were ;.not met; that ,the'
applicant had appealed the decision within the prescribed period
of time and. public hearing set for which due notice was given.
Mayor Br-igg's declared the public hearing open.
Council Minutes, August 1, 1972 - Page 2
Planning Director Dragicevich described the property in question
by the use of exhibits, advising that Exhibit A showed proposed
5 -unit apartment building with four 2- bedroom units and one
2- bedroom unit with den, and an architectural drawing, and
Exhibit 8 showing the second floor with balconies. He stated that
the issues in the case were off - street parking spaces, open space
and driveway width.
Mayor Briggs invited those present who wished to speak in favor
of the appeal to come forward.
Odie Vaught, 6108 N. Loma, applicant, presented statement of
appeal which had been filed July 17, 1972, and is on file for
further reference. Upon inquiry by the City Attorney as to how
the property was unique, or that an unnecessary hardship was
being imposed, Mr. Vaught stated that the property was not
different from other property, but that he felt this was the best
development for this and other property in the area.
No one else came forward to speak in favor. Mayor Briggs invited
those who wished to speak against the zone variance to come forward.
Charles Stein, 6006 N. Primrose, Fred Hendrix, 6012 N. Primrose
and Luella White, 6017 N. Primrose, spoke in opposition due to the
fact that all properties in the area would qualify for the same
type of development and that the problems wouldi be multiplied.
Councilman Gilbertson moved to include Planning Commission testimony
in the record of this public hearing, seconded by Councilman
Merritt and carried.
No one else came forward to speak. Councilman Merritt moved to
close the Public Hearing, seconded by Councilman Gilbertson and
carried.
Councilman Merritt moved to deny the appeal, and to confirm the
action of the Planning Commission in denying a zone variance
because the requirements for a zone variance had not been met,
there being no special circumstances or uniqueness applicable
to the property. The motion was -seconded by Mayor. Brri ggs and carried.
City Attorney Martin presented Resolution No. 72- 1226Aentitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING A
ZONE VARIANCE IN ZONE VARIANCE CASE No. 72 -374, Councilman Gilbertson
moved to adopt, seconded by Councilman Merritt and carried.
PROPOSED AMENDMENTS TO TEMPLE CITY MUNICIPAL CODE Re. ZONING.
A. Ordinance No. 72 -358: 1st read. Re. Consideration of C -3,
Heavy Commercial Zone; Change of Zone from C -M to C -3, and
Related Amendments.
B. Ordinance No. 72 -360: 1st read. Re. Change of Zone from
R -4 to C -2, 5302 thru 5336 Rosemead.
City Manager Koski advised that pursuant to Council action,
Ordinance No. 72 -360 for change of zone or►,°proper_t4es located at
5302 thru 5336 Rosemead, had been prepared, with a minor modification
so- that, ptos,cr i bed 'use:-wou l d be in conformity with proposed zoning
of other properties in the area. Also that following study session,
Council, had recommended several amendments pertaining to permitted
uses in C -2 and M -1 zones, deletion of C -M zone and rezoning of
C -M to C -3, which had been set forth in Resolution No. 72- 462PC,
and that City Attorney had prepared Ordinance No. 72 -358 which
included the recommended changes. It was recommended that following
first reading, both ordinances be returned to the Planning Commission
for review.
Council Minutes, August 1, 1972 - Page 3
City Attorney Martin presented Ordinance No. 72 -358 entitled
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9390
AND-, 9410 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO
PERMITTED USES IN THE C -2 AND M -1 ZONES: REPEALING SECTIONS
9400 THROUGH 9404 OF THE TEMPLE CITY MUNICIPAL CODE DELETING
THE C -M ZONE, AND THE ADDITION OF NEW SECTIONS 9400 THROUGH
9404 ESTABLISHING A NEW C -3 HEAVY COMMERCIAL ZONE IN THE CITY
AND IMPOSING THE REGULATIONS THEREOF UPON CERTAIN AREAS AND
PARCELS IN THE CITY, by title only. Councilman Merritt moved
to waive further reading and refer to the Planning Commission,
seconded by Councilman Gilbertson and carried.
City. Attorney Martin. presented Ordinance No. 72 -360 entitled
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING
MAP OF THE CITY OF TEMPLE CITY BY REZONING CERTAIN PROPERTIES
for first reading by title only. .Councilman Gilbertson moved
to waive further reading and refer to the Planning Commission,
seconded by- :Councilman Merritt and carried.
A communication from Pacific Outdoor Advertisers and Foster and
Kleiser regarding consideration of outdoor advertising structures
under the proposed amendments was received by the Council.
Councilman Gilbertson moved to refer the communication to the
Planning Commission, seconded by Councilman Merritt and carried.
8. TEMPLE CITY YOUTH CENTER:
City Manager Koski advised that the Temple City Ecumenical
Youth Center who wished to lease the city - owned building located
at 5843 Temple City Boulevard, had provided additional data
a _-s to-the Rrop:osed; ,use, and that reports . had been received from
the Building Department and Fire Department as to requirements
for the proposed yseeHH He advised that the Youth Center Board
had advised that the requirements to bring the building up to
code could be met.
City Manager Koski advised further that a firm offer had been
received from a retail firm for the lease of the subject . property
for a one -year period with option to renew for two years on the
basis of $300 per month, which was the previous established rent
for the property, and that .the-business would beccampat:i ble.:wi with
surrounding business activity and would be supportive of efforts
to revitalize the downtown area.
Councilman Tyrell arrived at this time.
Following discussion Councilman Merritt moved that the City
negotiate a lease with the retail furniture store for short -
term lease as outlined in memorandum dated July 28, 1972, to be
returned to the City Council at their next meeting, stating that
he felt this was the most appropriate use of the building. The
motion was seconded by Councilman Tyrell. Councilman Gilbertson
expressed opposition to the motion, stating that the Temple City
Youth group had made previous efforts to locate in the downtown
area, and had been unsuccessful up until now because of zoning
requirements, and that this appeared to be the most satisfactory
location for their needs.
A roll call vote on the motion carried by the following, vote:
AYES: Councilmen- Merritt, Tyrell, Briggs
NOES: Councilmen - Gilbertson
ABSENT: Councilmen- Dennis
Council Minutes, August 1, 1972 - Page 4
NEW BUSINESS:
9. FINAL TRACT MAP No. 30403: Consideration of Final Map Approval.
5540 -5602 Temple City Boulevard (Noellpark)
City Manager Koski advised that Tentative Tract Map... No. 3040.3..
was approved by the City Council on May 2,..,.197.2.,_.subject to
conditions as..outlined is :Resolution No.. .72- 457P.C., with
modifications in regard to sewer connection requirements, and
that Resolution No. 72 -1222 had been prepared to confirm
the Council action of that date. Further, that letters had
been received from the County of Los Angeles Subdivision
Committee (July 19, 1972) and County Engineer (July 25, 1972)
recommending approval and acceptance subject to requirements
set forth.
Councilman Merritt moved'to adopt Resolution No. 72-1222
entitled ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY APPROVING TENTATIVE TRACT MAP No. 30403 and CONFIRMING
PLANNING COMMISSION RESOLUTION No. 72 -457PC WITH 'MODIFICATIONS,
seconded by Councilman Gilbertson and carried:
Councilman Merritt moved to 1) approve Final Tract Map No. 30403,
2) accept easements and abandonment of access rights as offered
for dedication of said map, and 3) approve and accept work
agreements:a) to install sanitary sewers as required by the
subject tract and a faithful performance bond in the amount of
$3,600, and labor and material bond in the amount of $1,800,
and b) to construct .a water system and a faithful performance
bond in the amount of $5,000, and labor and material bond in
the amount of $2,500, as set forth in memorandum dated July 28,
1972. The motion was seconded by Councilman Gilbertson :andcar.ried.
10. CHAMBER OF COMMERCE AGREEMENT:
A report from the Chamber of Commerce dated August 1, 1972,
outlining program of work was received and reviewed by the
Council for consideration in renewing agreement for fiscal
year 1972 -73. Proposed revisions to the agreement were
discussed, and a requirement for review in 90 days from July 1
was concurred in, and the beginning date of payment`: determined
as July 1 (rather than August 1), 1972. Jerry Jambazian and
Penny Graham addressed the Council in behalf of the Chamber in
regard to efforts being put forth by the Chamber. Councilman
Gilbertson moved to approve the agreement as amended, seconded
by Councilman Merritt and carried, the agreement to be submitted
to the Chamber for acceptance, and upon such acceptance the
Mayor and City Clerk authorized to sign.
11. NEW EDITION OF LOS ANGELES COUNTY ELECTRICAL CODE:
ORDINANCE No. 72 -359 - Electrical Code.
City Manager Koski advised that the County of Los Angeles had
adopted a new electrical code based on the National Model
Ordinance designed to meed HUD specifications and requirements
and that ordinance No. 72 -359 had been prepared to adopt the County
ordinance by reference. City Attorney Martin presented Ordinance
No. 72 -359 entitled AN ORDINANCE AMENDING ORDINANCE No. 68 -270
OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS
ANGELES COUNTY ELECTRICAL CODE AS CONTAINED IN THE 1972 EDITION
OF THE LOS ANGELES COUNTY ELECTRICAL LAWS AND PUBLISHED BY THE
JOURNAL OF COMMERCE AND INDEPENDENT REVIEW, AND MAKING OTHER
AMENDMENTS. Councilman Tyrell -moved to waive further reading
and to set for public hearing on Wednesday, August 23, 1972, at
7:30 p.m. in the Council Chambers of the City Hall, seconded by
Councilman Merritt and carried.
Council Minutes, August 1, 1972 - Page 5
12. STREET IMPROVEMENTS: Curb, gutter and driveway approaches pursuant
to Chapter 27, Streets and Highways Code (Sidewalks, . south side,
included with project).
FREER STREET: A.—North ?Side, McCulloch to Welland
B. North Side, Welland to Farago
C. North Side, Farago to Santa Anita
D. .South Side, Farago to Santa Anita
City Manager Koski advised that pursuant to City Council action,
that plans and specifications for street improvements on Freer
Street, McCulloch to. Santa ..Anita, had been prepared, all as set
forth in memorandum dated July 28, 1972, and that authorization
was requested to advertise for and receive bids. Construction
costs were estimated at $9,565, with $3,613 to be paid by property
owners and $5,952 to be paid by the City. Councilman Tyrell
moved to approve plans and specifications for street improvements
on Freer Street, seconded by Councilman Gilbertson and carried.
13. PERSONNEL APPOINTMENTS:
A. RESOLUTION No. 72 -1223: Appointment of Personnel.(Maintenance)
Councilman Tyrell moved to adopt Resolution No. 72 -1223 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPOINTING PERSONNEL, seconded by Councilman Merritt and carried.
B. RESOLUTION No. 72-1225: Appointment of Temporary Personnel
(Administrative Intern)
Councilman Gilbertson moved to adopt Resolution No. 72 -1225
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY APPOINTING TEMPORARY PERSONNEL, seconded by Councilman
Merritt and carried.
III 14. RESOLUTION No. 72 -1224: WARRANTS & DEMANDS, Demand Nos. 6318
thru 6401, in the amount of $131,169.09.
Councilman Merritt moved to adopt Resolution No. 72-1224 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING
CLAIMS AND DEMANDS IN THE SUM OF $131,169.09, DEMAND NOS. 6318
THRU 6401, seconded by Councilman Tyrell and carried.
15. RECOMMENDATION FROM ENVIRONMENTAL STUDIES COMMITTEE — Meeting of
July 20, 1972:
A. SMOG REPORT - City of Riverside
City Manager Koski presented the recommendation from the Environmental
Studies Committee regarding the proposed resolution to request the
Governor of the State of California to declare a state of emergency
in the south coast air basin due to air pollution intensity, in
which report it was recommended that it would be more appropriate
to consider legislation which would provide incentives for private
individuals, corporations and governmental agencies to minimize
air pollution from vehicle operations. Councilman Gilbertson moved
to accept the report in principle, seconded by Councilman Merritt
and carried.
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B. REORGANIZATION AND ENLARGEMENT OF ENV,IRONMENTAL.STUDIES COMMITTEE.
City Manager Koski presented the recommendation from the Environmental
Studies Committee, in which the Committee recommended enlargement of
their body to approximately 16 members to bring about greater citizen
participation in government and to assist in providing additional
ideas for possible solutions to environmental p- roblems. Councilman
Tyrell moved to accept the recommendations for reorganization and
enlargement, with appointments to be made as soon as possible,
seconded by Councilman Gilbertson and carried.
Council Minutes, August 1, 1972 - Page 6
16. PARKS & RECREATION COMMISSION RECOMMENDATION - Meeting of
July 19, 1972:
TEMPLE CITY CREATIVE ARTS - Request to have Art Show at Temple
City Park.
City Manager Koski presented a recommendation from the Parks
and Recreation Commission to approve a request of the Temple City
Creative Arts Club to use grassed area of Temple City Park for
Art Show to be held on August 19 and 20, 1972, from 9 a.m. to
5:30 p.m., on the basis that all funds will be for the scholarship
purposes as set forth in their request, and that no individual
will profit from the event. Mrs. Alicia Burns, President of
Temple City Creative Arts, advised that their organization which
was co- sponsored by the City, agreed that all proceeds from the
$2 donations for art items as well as 100% of any paintings sold
would go toward the scholarship fund, and that there was not an
admission charge to see the exhibits, that it was open to the public.
Council discussed the need for standards in regard to the use of
the park including required insurance. Following discussion it
was moved by Councilman Tyrell, seconded by Councilman Merritt
and carried to grant approval, subject to requirements and
standards as the City Manager may impose, and that no private
gain be permitted. Councilman Gilbertson moved that the Parks
and Recreation Commission be requested to develop standards for
use of park for similar requests in order to provide a guide line
for future use, seconded by Councilman Merritt and carried.
17. COMMUNICATIONS:
TEMPLE CITY CAMELLIA FESTIVAL COMMITTEE - Re. Annual Festival and
Parade to be held February 24, 25 and 26, 1973.
City Manager Koski presented a request from Ray Gudie, General
Chairman, 29th Annual Camellia Festival and Parade, for use of
bleachers, light standards for hanging banners,;street parking
ban as needed, use of Temple City Park, etc., as set forth in
letter dated July 24, 1972. Councilman Merritt moved to approve,
subject to necessary permits and legal requirements including
insurance, seconded by Councilman Tyrell and carried.
18. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
Hazel Whipperman, 4810 Doreen, spoke to the problem of traffic
safety on Lower Azusa Road at the Midway Shopping Center. She
was advised that counts were being taken and consideration of
a signal had been discussed ,;ith the owner of the shopping center
and the City of El Monte agreeing to share in the cost, based on
estimated cost of $10,000 for a signal which would be installed
in appropriate location based upon engineering standards. A
communication from the County Road Department dated August 1,
1972, advised that costs for a traffic signal were estimated at
$16,000, which was $6,000 more than the figure previously discussed
by officials concerned with the project.
Richard Sale, 9427 Olive Street, former Traffic Commissioner for
the City of Temple City, urged that consideration of the traffic
signal and the location thereof be based on engineering standards and
warrants in consideration of all safety aspects involved. He
stated that Lower Azusa Road had long been studied by the Traffic
Commission and that proper platooning of traffic cannot occur
until a signal at El Monte Avenue and Lower Azusa Road is installed.
He urged that every effort be put forth toward persuading the City
of El Monte to install this s1gnal1zat1on.
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Council Minutes, August 1, 1972 - Page 7
Following discussion, Councilman Tyrell moved to approve a signal
to be installed at the proper intersection of Lower Azusa Road
in the vicinity of the Midway Shopping Center, based on engineering
standards, at approximate cost of $16,000, subject to 25% each to
be paid by the City of El Monte and the owner of the shopping center.
The motion was .seconded by Councilman Merritt and carried.
City Manager Koski advised .that estimates had now been obtained for
placing temporary asphalt sidewalk on the north side of Lower Azusa
Road, immediately east of Doreen Avenue, for better pedestrian
safety which had been previously approved by the Council for
installation. Councilman Gilbertson moved to approve and authorize
the expenditure of $212 for grading public right -of -way on the
north side of Lower Azusa, between Pal Mal and Doreen; and the
expenditure of $940 to install temporary sidewalk in the same
location, seconded by Councilman Merritt and carried.
19. .MATTERS FROM CITY OFFICIALS:
A. SALE OF SURPLUS PROPERTY - 1949 Ford Truck.
City Manager Koski advised that one bid had been received for the
1949 Ford Truck advertised for sale as surplus property, pursuant
to Council action taken on June 6, 1972. On motion of Councilman
Gilbertson, seconded by Councilman Tyrell and carried, the bid of
Arthur A. Gonzales in the amount of $55 was accepted, and staf.f:author-
ized. to proceed with the transfer of ownership upon receipt of
payment.
B. Councilman Gilbertson advised that he had made a public
announcement in Alhambra proposing the formation of a "San Gabriel
Valley Cities Association" which he felt may be a realistic
approach to assist in control of government since Senate Bill 262
had been virtually killed in the Assembly last week.
C. City Manager Koski reported that he had received .a call advising
that Assembly Bill 2358 had passed the Senate, and would be sent to
the Governor for signature. The bill if passed, would take off
overhead on costs of County services for Contract Cities.
D. Mayorariggs called attention to'the:need - for consideration,
of restrictions for .. parking of commercial vehicles in residential
zones, both on the street and in private driveways. City Attorney
Martin stated that it is the size of the vehicle which creates the
problem, not the commercial use. The matter of prohibition of
parking commercial vehicles on R -zoned property was referred to the
Planning Commission and Traffic Commission for review and report.
E. Mayor Briggs presented a schedule of timing operation for traffic
signals in effect on July 12, 1971, with the recommendation that
flashing operation now in effect until 6 a.m.•be altered to 7 a.m.
for most intersections, and various other changes as set forth on
the report. The matter was referred to the Traffic Commission for
review and report.
20. ADJOURNMENT:
On motion of Councilman Tyrell, seconded by Councilman Gilbertson
and carried, the meeting adjourned at 10:20 p.m. The next regular
meeting of the Council was set for Wednesday, August 23, 1972, at
7:30 p.m. in the Council Chambers of the City Hall.
ATTEST:
f Deputy City Clerk