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HomeMy Public PortalAboutCity Council_Minutes_1972-12-05_Regular 1972CITY OF TEMPLE CITY COUNCIL MINUTES DECEMBER 5, 972 INITIATION: 1. Mayor Pro Tem Tyrell called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, December 5, 1972, in the Council Chambers of the City Hall. I 2. The invocation was given by the Reverend Mortimer C. Dean, Pastor, First United Methodist Church, 5957 Golden West, Temple City. 1 1 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Tyre11. 4. ROLL CALL: Present: Councilmen - Dennis, Gilbertson, Merritt, Tyrell Absent: Councilmen- Briggs Also Present: City Manager Koski, Assistant City Attorney White, Planning Director Dragicevich, Administrative Assistant Biel, Parks & Recreation Director Kobett, Maintenance Superintendent Neff. Councilman Gilbertson moved to excuse the absence of Mayor Briggs for cause, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of regular meeting of November 21, 1972, as written, seconded by Councilman Dennis and carried. The Lionettes Club of Temple City, Mrs..Leoan Knipscheer, President, was given recognition by Mayor Pro Tem Tyrell who presented a special certificate to the president and members present, in recognition of the community effort put forth by that organization. Mrs. Knipscheer described the aims and goals of the organization and introduced members present. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Appeal from Planning Commission Denial for Change of Zone from R -4 to C -2 (Case No. 72 -378) Vince Fazio,- 98.61 Lower Azusa Road. City Manager Koski presented background information on an appeal for Zone Change Case No. 72 -378, including Planning Commission Resolution No. 72 -472PC denying change of zone, and advised that the matter had been set for public hearing with due notice given. Mayor Pro Tem Tyrell declared the public hearing open. Planning Director Dragicevich presented factual data, describing the property with the aid of exhibits. He advised that the request had been denied by the Planning Commission for the reasons that the size and shape of property is not adequate for commercial develop- ment, and that the proposed change of zone is not compatible with the zoning of surrounding properties nor General Plan of the City. Councilman Gilbertson moved to include Planning Commission testimony and exhibits as part of the hearing, seconded by Councilman Merritt and carried. Mayor Pro Tem Tyrell invited those present who wished to speak in favor of the change of zone to come forward. Vince C. Fazio, 94142 E. Las Tunas Drive, stated he intended to use the house on the subject property for his import - export business. Richard Madigan, 94144 E. Las Tunas Drive, speaking for Mr. Fazio, described the location of the property with surrounding area, the proposed use, and advised that parking facilities as well as ingress and egress would not present a problem. Council Minutes, December 5, 1972 - Page 2 No one else came forward to speak in favor of the zone change. Mayor Pro Tem Tyrell invited those present who wished to speak against the matter to come forward. J. B. Hoskins, owner of property at 4822 N. Agnes, was against the zone change because he felt it would cause traffic problems in the area. He was also concerned as to the exact nature of the business that would go in at the location. He was advised that if the property was rezoned C -2, any use permitted in C -2 zone would be permitted at the location. Alice Whetsel, 4812 Agnes, and Mrs. Maloof, 4832 Agnes, were opposed because they felt a business use would create traffic problems in a residential area. John Joseph Brown, 9913 Lower Azusa, stated there were no crosswalks in the area, and he believed there would be parking problems as well as traffic: hazards. He also believed a business use would cause additional policing problems. In rebuttal, Mr. Fazio further described the business he had in mind for the location and discussed the problem of trash which accrues adjacent to his property on a 5' easement, which trash is placed there by an apartment located to the west of his property. No one else came forward to speak. Councilman Dennis moved to close the public hearing, seconded by Councilman Gilbertson and carried. Assistant City Attorney White reminded the Council that a particular use suggested for the property could not be .considered with the basic criteria for a zone change, that any use permitted in C -2 would be a permitted use if the zone change is granted. Councilman Merritt inquired as to the possible development of the property under the present R -4 zoning. He was advised that theoretically 7 units could be placed on the property, but in prac- ticality, only 3 units would be feasible. Councilman Gilbertson stated that the property presently is zoned in conformity and is compatible with other zoning in the area in Temple City, and that he did not feel the property owner was being denied advantages enjoyed by other property owners. He stated that while the entire area may need to be studied and possibly rezoned in the near future, he was opposed to spot zoning as a means of initiating change. Councilman Dennis concurred with Councilman Gilbertson and added that he did not feel the size of the parcel was adequate for parking for C -2 use, that when parcels in the area are combined for larger commercial development, it may be possible to consider change of zone for the .area. Councilman Merritt considered that because zoning is C -2 and C -3 across the street in the City of El Monte, he did not feel this was a problem of spot zoning, since it was still in the same business area, and moved to approve the change of zone, which motion died for lack of a second. Councilman Gilbertson moved to deny the request for change of zone at 9861 Lower Azusa Road from R -4 to C -2, and to instruct the City Attorney to prepare appropriate resolution. The motion was seconded by Councilman Dennis and carried by the following roll call vote: AYES: NOES: ABSTAINING: ABSENT: Councilmen - Gilbertson, Dennis Councilmen - Merritt Councilmen - Tyrell Councilmen - Briggs Council Minutes, December 5, 1972 - Page 3 7. PUBLIC HEARING: 7:30 p.m. Re. Proposed Change of Zone from R -1 to R -4, 6247, 6251 and 6257 N. Rosemead Boulevard and 8916 and 8922 Longden Avenue (Carmichael). City Manager Koski presented background information on proposed change of zone, Case No. 72 -379, including Planning Commission Resolution No. 72 -473PC recommending change of zone, and advised that the matter had been set for public hearing with due notice given. Mayor Pro Tem Tyrell declared the Public Hearing open. Planning Director Dragicevich presented factual data, describing the property with the aid of exhibits. He advised that the Planning Commission had recommended the proposed change of zone for the reason that the size and shape of the property is adequate for R -4 development, and that the proposed change of zone is compatible with the changed conditions of the area and in acco.rd- ance:with the development proposed for the area in the General Plan of the City. Councilman Gilbertson moved to include Planning Commission testimony and exhibits as part of the hearing, seconded by Councilman Dennis and carried. Mayor Pro Tem Tyrell invited those present who wished to speak for or against the matter to come forward. Dr. C. E. Carmichael, 8932 E. Live Oak Avenue, spoke in favor of his application, stating that the proposed use was for medical offices. No one else came forward to speak on the matter. Councilman Gilbert- son moved to close the public hearing, seconded by Councilman Merritt and carried. Council concurred in that the use was in conformity with the development proposed for the area. Councilman Merritt moved to approve the change of zone from R -1 to R -4 in Zone Change Case No. 72 -379, and to instruct the City Attorney to prepare appropriate ordinance, seconded by Councilman Dennis and carried. 8. ORDINANCE No. 72 -362: 1st read. Re. Development Standards for R -2 Zone. City Manager Koski advised that pursuant to Council action on November 21, 1972, the City Attorney had prepared Ordinance No. 72 -362 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9350(1) AND 9352(2) AND ADDING NEW SECTION 9352(7) TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS FOR THE R -2 ZONE OF THE CITY, which was presented for first reading. Council- man Gilbertson moved to waive further reading, seconded by Council- man Dennis and carried. SET PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS - FREER STREET, McCULLOCH TO SANTA ANITA (Pursuant to Chapter 27, Streets and Highways Code) (includes sidewalks, south side) Councilman Gilbertson moved to set the matter of assessments for street improvements, Freer Street, McCulloch to Santa Anita, for Public Hearing on January 2, 1973, at 7:30 p.m. in the Council Chambers of the City Hall, seconded by Councilman Merritt and carried. NEW BUSINESS: 10. ASSEMBLY BILL 515 (1972 Session) City Manager Koski advised that the Legislature had passed legislation requiring every public agency which provides, or has authority to provide police, fire fighting, ambulance or emergency medical service to establish a "911" emergency service Council Minutes, December 5, 1972 - Page 4 dispatch system by December 31, 1982; and that local agencies are given the option of forming their own system or joining other jurisdictions, for which tentative plans for all agencies must be completed by December 31, 1975 and final plans by January 31, 1977. He presented staff recommendation dated November 17, 1972, recommending that the City Council endorse the system and direct full cooperation of all emergency agencies providing service to the City of Temple City to meet the intent of AB 515, and to authorize the City Manager or his representative to act as coordinator of the City planning effort. Councilman Merritt moved to support and endorse the system as recommended, seconded by Councilman Dennis and carried. 11. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION: A. Wading Pool Project - Junior Woman's Club of Temple City. City Manager Koski presented background information, advising that the Junior Woman's Club had been pursuing an effort to do- nate and construct a wading pool at Live Oak park for several months, and that the concept had been approved by the City Council at their regular meeting held on June 15, 1971, subject to final details. He advised that the Parks and Recreation Commission had reviewed the final plans and at their meeting of November 15, 1972, had recommended to the Council to accept the donation, to approve the location, plans and installation of the wading pool to be con- structed by the Junior Woman's Club, subject to the contractor obtaining the necessary permits and filing of .liability insurance. Mrs. David Strombotne, Philanthropy Chairman for the Junior Woman's Club, 1430 S. 5th Avenue, Arcadia, was present and responded to inquiries of the Council, and advised that the project was ready to commence. Allstate Pools of Covina would build the pool, in- stall filter and pumps and complete all plumbing work at a cost of $2,300, and that the club would be responsible for installing the fencing, decking, electrical requirements and other additional work to be done at an estimated cost of $550. Councilman Gilbertson moved to accept the donation, to approve the location, plans and installation for wading pool to be constructed at Live Oak Park by the Junior Woman's Club, subject to the con- tractor obtaining the necessary permits and the filing of liability insurance certificates by the contractor and the Junior Woman's Club naming the City as additionally insured. The motion was seconded by Councilman Merritt and carried. On behalf of the Council, Mayor Pro Tem Tyrell commended the Junior Woman's Club on the fine job they had done on the project. B. Proposal for the Preparation of Master Plan for Live Oak Park. City Manager Koski presented background information, advising that monies were budgeted in fiscal year 1972 -73 to retain the services of a professional park planner to assist the Commission in the preparation of a Master Plan for Live Oak Park. He advised that the Parks and Recreation Commission had solicited bid proposals and that three such proposals had been submitted which were con- sidered by the Parks and Recreation Commission at their meeting held on October 18, 1972, the information on the proposals being set forth in memorandum to the Council, dated November 30, 1972. The Commission recommended acceptance of the proposal submitted by Recreation Systems, Inc., in the amount of $1,250, which was the lowest bid, since the bidders appeared to be equally qualified. Parks and Recreation Commissioner Greenberg was present at the meeting and discussed the benefits that would be received by ob- taining a professional planner to prepare the master plan. Councilman Gilbertson moved to approve the recommendation of the Parks and Recreation Commission, to accept the low bid of Recreation Systems, Inc., in the amount of $1,250., to instruct the City Attorney to prepare agreement with Recreation Systems, Inc., and to authorize the Mayor to sign the agreement on behalf of the City. The motion was seconded by Councilman Dennis and carried. Council Minutes, December 5, 1972 - Page 5 12. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of Nov. 28, 1972 Standards for Driveway Design in Residential Zones. City Manager Koski presented background information advising that as a result of the City's front yard parking enforcement program and the overnight parking ordinance, the staff had been receiving numerous requests for widening of driveways to accommodate more vehicles and for "circular" driveways in the front yard. He ad- vised further that the Planning Commission had studied the matter and had adopted Resolution No. 72 -478PC recommending an amendment to the Temple City Municipal Code relating to driveway design. Councilman Gilbertson moved to set for Public Hearing on January 2, 1973, seconded by Councilman Dennis and carried. 13. RESOLUTION No. 72 -1246: WARRANTS AND DEMANDS, Demand Nos. 6945 thru 7012 in the amount of $40,130.06. Councilman Merritt moved to adopt Resolution No. 72 -1246 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOW- ING CLAIMS AND DEMANDS IN THE SUM OF $40,130.06, DEMAND NOS. 6945 THRU 7012, seconded by Councilman Gilbertson and carried. 14. COMMUNICATIONS: A. Temple City Kiwanis Club - Request for "Line of Dimes." City Manager Koski presented a communication from the Temple City Kiwanis Club to conduct "Line of Dimes" solicitation on January 19, 1973, from 11:30 a.m. to 5:00 p.m., on Las Tunas Drive, east and west of Temple City Boulevard, for which barricades and safety cones were requested for protection of workers; and "Parents and Mothers March" to be held the evenings of. January 27 thru January 30, 1973, between 6 and 8:30 p.m. Councilman Gilbertson moved to approve the request as outlined in the communication, subject to the City being named additionally insured, seconded by Councilman Dennis and carried. B. Request for Tree Removal - 9439 Longden City Manager Koski presented a request from George D. Matson, 9439 Longden Avenue, Temple City, to remove an acacia tree located in the parkway at his residence, which is pushing against the fence on the line of his property, and which creates a:problem for beautification of the property. Mr. Matson described the beautification planned upon the removal of the tree, which would permit the planting of four new trees. An environmental impact report with a negative declaration had been made. Councilman Gilbertson moved to approve the removal at property owner's ex- pense, seconded by Councilman Merritt and carried. C. Letter from Supervisor Schabarum:; recommending full upgrading of signals within City for Arrow Highway UTC project for max- imum traffic benefits. City Manager Koski presented a communication from Supervisor Schabarum outlining best possible way to get maximum benefits within the limited dollars available, in which he described that Federal funds can be used to finance 71.54% of the cost of improve- ments for Arrow Highway UTC Project, with the City matching 28.5 %, amounting to $34,000, which could be financed with TOPICS exchange funds currently on deposit with the County. Councilman Gilbertson moved to approve participation to the extent of $34,000, as outlined, to approve the plans and to authorize the City Manager to sign plans on behalf of the City. The motion was seconded by Councilman Merritt. Councilman Dennis stated that he was not in favor of spending the monies in this manner, however, he would not oppose the effort. There was no opposition to the motion and motion carried. Council Minutes, December 5, 1972 - Page 6 D. Request from Humble Oil Refining Company as to City's Intention re. exercising purchase option for property located at southwest corner Rosemead Boulevard and Las Tunas. City Manager Koski presented a request from Humble Oil Refining Co. as to the City's intent whether or not it would exercise its option in regard to purchase option agreement entered into April 5, 1972. He advised that since it is not economically feasible for the City to acquire the property for the development program currently under way, it was staff's recommendation that the agreement could be terminated and the Community Redevelopment Agency requested to negotiate an Owner's Participation Agreement with Humble Oil re- garding reconfiguration and development of the subject property. Inasmuch as a full Council was not present, it was moved by Council- man Gilbertson, seconded by Councilman Dennis and carried, to refer the matter to the Community Redevelopment Agency, and continue to the next meeting of the Council to be held on December 19. 15. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: George Richter, 5451 S. Parmerton; June Richter, 5451 S. Parmerton; and Mrs. Merlow, 5503 S. Parmerton, spoke to the Council as to the need for some relief for persons to be able to park their cars in side yard area on corner lots.. Council concurred that a unique problem existed in regard to corner lots, and asked that the matter be reviewed by staff and a report submitted to the Planning Commission for their consideration and recommendations. Bill Smith, 5239 Baldwin, protested a citation he had received for parking in his front yard area, advising that he was aware of other violations which he felt should be cited. Staff was instructed to check into the matter of improper location of fences described by Mr. Smith, and to report back at the next Council meeting. A. W. Driver, representing the Chamber of Commerce, reminded Council of the meeting sponsored by the Chamber of Commerce to be held the next morning at American Savings Conference room. The topic of the meeting was "Year End Tax Seminar." RECESS - 9:55 p.m. Councilman Merritt moved to recess to meet as the Community Redevelopment Agency, seconded by Councilman Gilbertson and carried. 16. COMMUNITY REDEVELOPMENT AGENCY ACTION: Council convened as the Community Redevelopment Agency, Mr. Briggs being absent, which absence was excused; approved the minutes of regular meeting of November 7, 1972; requested additional funds from the City and to amend the agreement accordingly; received communication from the City in regard to negotiating Owner's Participation Agreement with Humble Oil for property located at southwest corner Rosemead Boulevard and Las Tunas; and adjourned at 9:57 p.m. The minutes of the CRA are set forth in full in the records of that Agency. Council reconvened at 9:57 p.m. 17. MATTERS FROM CITY OFFICIALS: A. Request from CRA for Additional Funds. City Manager Koski presented a request from the Community Redevelopment Agency to approve additional funds in the amount of $6,500 as outlined in memorandum of December 1, 1972, from the Executive Director to the Community Redevelopment Agency, to amend agreement with the Community Redevelopment Agency in accordance with foregoing, and to authorize payment for September and October for services in the amount of $3,580.30. Councilman Merritt moved to approve as requested, seconded by Councilman Gilbertson and carried. 1 Council Minutes, December 5, 1972 - Page 7 B. Staff Report re. Negative Declarations on Environmental Impact Reports (EIR's) City Manager Koski presented the following environmental impact statement for consideration by the Council: EIR 72 -32PL - Proposed lot split to create two 50 ft. wide lots from existing 100 ft. wide lot with two single - family dwellings. Zone variance for reduced lot width was granted by the Planning Commission (Resolution No. 72- 477PC) on November 28, 1972. Councilman Gilbertson moved to concur with the "Negative Declaration" as presented by report of November 22, 1972, on EIR 72 -32PL, seconded by Councilman Dennis. The motion carried by the following roll call vote: AYES: Councilmen - Dennis, Gilbertson, Merritt NOES: Councilmen - Tyrell ABSENT: Councilmen - Briggs C. Live Oak Park Acquisition - 5603 Gracewood: Staff Report re. Interim Use. City Manager Koski presented a status report as to the condition of property at 5603 Gracewood, recently acquired by the City for park purposes, and proposed interim use, all as set forth in memorandum dated November 30, 1972. Councilman Gilbertson moved to approve the rental of the subject property on a month -to -month basis in accord- ance with present market conditions, seconded by Councilman Dennis and carried. D. Status of Flood Control Projects 3350, 7250 and 9606, 1970 Storm Drain Bond Issue. City Manager Koski presented two communications from the Los Angeles County Flood Control District dated November 17, 1972, and November 27, 1972, advising that work had been completed on Project No. 9606, and that Project Nos. 8050 and 9607 were going to bid this month, to be completed mid year, 1973. E. Mayor Pro Tem Tyrell reminded the Council of the City Recognition Dinner to be held on December 13, 1972, at the T &J Restaurant. F. Mayor Pro Tem Tyrell discussed law enforcement efforts to benefit the community, namely the program of Operation Identification, in the reduction of burglaries, and the Neighborhood Car Program, and residential security checks. 18. ADJOURNMENT: On motion of Councilman Merritt, seconded by Mayor Pro Tem Tyrell, the meeting adjourned at 10:10 p.m. Next regular meeting of the City Council will be held on Tuesday, December 19, 1972, at 7 :30 p.m. in the Council Chambers of the City Hall. ATTEST: C ,,i1ef Deputy City Clerk