HomeMy Public PortalAboutCity Council_Minutes_1973-04-03_Regular 1973CITY OF TEMPLE CITY
COUNCIL MINUTES
APRIL 3, 1973
INITIATION:
1. Mayor Briggs called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, April 3, 1973, in the Council
Chambers of the City Hall.
2. The invocation was given by the Reverend R. E. Schulz, First
Lutheran Church, 9123 E. Broadway, Temple City,
3. The Pledge of Allegiance to the Flag was led by Mayor Briggs,
4. ROLL CALL:
Present: Councilmen - Dennis, Gilbertson, Merritt, Tyrell, Briggs
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin,
Planning Director Dragicevich, Administrative Assistant Biel.
5. APPROVAL OF MINUTES:
Councilman Gilbertson moved to approve the minutes of March 20,
1973, as written, seconded by Councilman Dennis and unanimously
carried.
The San Gabriel Valley Chapter, National Secretaries Association
(International), Miss Jo Darnall, President, was given recognition
by Mayor Briggs who presented a special certificate to the group.
Miss Darnell described the activities of the organization and intro-
duced the members present. She thanked the Mayor for proclaiming
April 22 -28 as Secretaries Week, with Wednesday, April 25, to be
set aside as Secretaries Day.
Mayor Briggs welcomed Lucia Aguino de Souza, American Field Service
student from Brazil. Miss de Souza addressed the Council briefly on
the opportunity that had been provided her through the American Field
Service.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. Re. Proposed Change of Zone from R -1
to R -3, 9619 -33 Broadway.
City Manager Koski advised, that Public Hearing had been set on
the matter of proposed change of zone from R -1 to R -3 following
hearings before the Planning Commission wherein the zone change
had been recommended as set forth in Resolution No, 73- 484PC,
and that pursuant to the requirements of the Environmental
Quality Act, an Environmental Impact Report had been prepared.
Mayor Briggs declared the public hearing open.
Planning Director Dragicevich presented factual data and
projected area map to describe the properties involved. .He advised
t.hat:.the'r.equest,had been considered in June, 1968, at which time
the resolution adopted by the Council held the matter in abeyance
for a period of one year in order to permit the owners to consolidate
under one ownership, however that such had not materialized in that
ensuing year. The properties were now being considered for develop-
ment under one ownership, as set forth in the records of the
Planning Commission which had been reviewed by the Council.
Mayor Briggs invited those present who wished to speak in favor
of the change of, zone to.come forward.
Council Minutes, April 3, 1973 - Page 2
Arthur C. Bauman, P. 0. Box 1201, Arcadia, representing the
applicant, stated that the proposed development for the area was
a condominium, to be built in accordance with zoning requirements.
No one else came forward to speak in favor of the proposed zone
change.
Mayon• B:riggs;invited.those.present who.:wished to speak against
the matter to come forward.
Howard Padgett, 9635 E. Broadway, expressed concern regarding
added traffic that would result in the area, the problems created
by ingress and egress on Broadway and hazards of no sidewalks,
and additional use that would be put on a private street maintained
by the residents thereon. He also felt their property would be
devalued.
Mike Kolb, speaking for Lawrence Kolb, owner of 5522 Temple City
Boulevard, discussed'the: problems of living directly behind the
condominium presently located on Broadway and Temple City Boulevard.
He stated that the houses in the vicinity are fairly new and that
it would be many years before they would be torn down for similar
development, and that the development would have adverse affect on
these homes.
Henry Frankfurt, 9637 E. Broadway, stated that no one stands to
benefit by the development except the owner and the developer,
and that all the nearby residences will be devalued.
Joseph Moran, 5524 Temple City Boulevard, expressed concern that
he had not been notified when construction was started on other
multiple dwellings in the area. He was advised that notification
is only given for proposed change of zone, and that notification,
is not required when a property owner develops his property in
accordance with the zoning already in effect in the area.
No one else came forward to speak against the matter.
Councilman Gilbertson moved to close the public hearing, seconded
by Councilman Tyrell and unanimously carried.
In closed discussion Mayor Briggs advised that he was not in favor
of the change of zone because of the effect it would have on
surrounding properties, and the traffic condition that would be
created by opening onto Broadway, which was too narrow a street.
Councilman Gilbertson stated that it would bring the north /south
zoning into alignment down to Broadway, however he was concerned
about the land- locked parcels where private street had to be
maintained by the owners in order to gain access. Councilman
Merritt stated that if existing structures were removed on other
R -3 properties in the area, these properties could build in
similar manner and block off view and provide the same problems.
He favored the completion of the north /south zone pattern as
proposed by this zone change. Councilman Tyrell advised that
the issue of whether or not a land owner makes a material gain
is not material to consideration, however he felt there was
negative environmental impact when good single family residences
were being phased out by this type of development. Councilman
Dennis stated that he was in favor of developing land, but not
at the expense of single family residences, and that surrounding
properties have considerable economic life remaining and that
this development would defeat their purpose. He felt further
steps should be taken to try to stem the problems being created
by single family and multiple dwellings in the same area where
they are contiguous, and that zoning for R -1, R -2 and R -3 should
be reviewed.
Councilman Tyrell moved to deny the change of zone change
because it was damaging to abutting single family residential
uses, that it is an encroachment into R -1 zoned area to the east,
and that it establishes precedent for similar situations, seconded
by Councilman Gilbertson.. A' roil lHca.- i ivote ;on the motion carried by
the following vote:
AYES: Councilmen - Dennis, Gilbertson, Tyrell, Briggs
NOES: Councilmen - Merritt
Council Minutes, April 3, 1973 - Page 3
City Attorney Martin presented Resolution No. 73 -1274 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
DENYING A CHANGE OF ZONE IN ZONE CHANGE CASE No. 73 -384.
Councilman Tyrell moved to adopt, seconded by Councilman
Gilbertson. The motion carried by the following roll call vote:
AYES: Councilmen - Dennis, Gilbertson, Tyrell, Briggs
NOES: Councilmen - Merritt
7. PUBLIC HEARING: 7 :30 p.m. Re. Proposed Amendment to Municipal Code
Relating to Off- Street Parking in R -3 and R -4 Zones (Res. 73- 485PC)
City Manager Koski advised that due notice had been given in
regard to public hearing for proposed amendment to the Municipal
Code relating to off - street parking in R -3 and R -4 zones, which
amendment had been recommended by the Planning Commission in
adopting Resolution No. 73- 485PC.
Mayor Briggs declared the public hearing open.
Planning Director Dragicevich presented factual data, Assessment
of Environmental Impact, and Negative Declaration on the subject
matter.
Mayor Briggs invited those present who wished to speak on the matter
to come forward. No one came forward.
Councilman Gilbertson moved to close the public hearing, seconded
by Councilman Tyrell and unanimously carried.
In closed discussion Councilman Merritt stated that he felt the
need for parking was greater than ever, and felt the requirement
should be for 2 enclosed parking areas, plus 1/2 open space parking
for each unit. Councilman Tyrell also felt the need for parking
for this type of apartment may be greater because of the number
of young adults who live in these residences and the car demand is
greater. It was noted however that units like those on Sultana
currently have an excess of parking spaces, but that condominium .
areas are different in that the parking space is locked in -with the
residence which does not provide flexibility of use. Council
concurred in the Negative Declaration on the subject matter.
Following discussion, Councilman Gilbertson moved to approve as
recommended by the Planning Commission, to provide for two parking
spaces per dwelling unit in a garage or carport, plus one- fourth
space, which must be either enclosed or unenclosed,.seconded by
Councilman Dennis. The motion was defeated by the following
roll call vote:
AYES:. Councilmen- Dennis, Gilbertson
NOES: Councilmen - Merritt, Tyrell, Briggs
Councilman Tyrell moved to approve amendment to the code, with
two covered parking spaces to be required per dwelling unit, plus
one additional space, either covered or uncovered for every three
units, to refer back to the Planning Commission for report, and
to instruct the City Attorney to prepare appropriate ordinance.
The motion carried by the following roll call vote:
AYES: Councilmen - Merritt, Tyrell, Briggs
NOES: Councilmen- Dennis, Gilbertson
8. PUBLIC HEARING: 7:30 p.m. Re. Proposed Amendment to General
Plan by Adding Open Space and Recreation Element, and Conservation
Element (Res. 73- 488PC)
City Manager Koski advised that due notice had been given in regard
to:; hearing ,:on matter of adding open space and recreation element,
and conservation element to the General Plan of the City, which
matter had been recommended by the Planning Commission as set forth
in Resolution No. 73- 488PC.
Mayor Briggs declared the Public Hearing open.
1
Council Minutes, April 3, 1973 - Page 4
Planning Director Dragicevich presented factual data, advising
that the elements of open space and conservation, and recreation
are additional elements which the State of California Conservation
and Planning Law requires to be included in the Master Plan by
June 30, 1973. He described Exhibit "A" consisting of a) objectives
and policies, b) recreation element, and c) open space and conservation
elements. He advised that pursuant to the requirements of the
Environmental Quality Act, a negative finding had been made.
Mayor Briggs 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 Gilbertson and
unanimously carried.
In closed discussion, Council concurred in the negative finding.
Councilman Gilbertson suggested that paragraph 3 of page 3 of
objectives and policies beginning "To provide additional parksites..."
be amended to read "To provide ample:parksites..." Councilman
Tyrell moved to approve the recommendation of the Planning Commission,
with the amendment to the policy statement, seconded by Councilman
Gilbertson and unanimously carried.
City Attorney Martin presented Resolution No. 73 -1275 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING
THE GENERAL PLAN OF THE CITY. Councilman Tyrell moved to adopt,
seconded by Councilman Gilbertson and unanimously carried.
9 ORDINANCE No. 73 -368: gnd read. Re. Conditional Use Permits for
Licensed Care Homes (Required by AB 1856)
City Attorney Martin presented Ordinance No.73 -368 entitled AN
ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SUB - PARAGRAPH 18 OF
SECTION 9202 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CON-
DITIONAL USES for second reading.-by title only. Councilman
Gilbertson moved to waive,further reading and adopt, seconded by
Councilman Merritt and unanimously carried.
10.
REQUEST TO WAIVE CERTAIN REQUIREMENTS FOR WATER SERVICE: Re.
18 unit Apartment, 5625 Santa Anita Ave. (Dale Ingram)
City Manager Koski advised that communications had been received
from Dale Ingram, the apartment developer at 5625 Santa Anita
Avenue, and from the Los Angeles County Fire Department, advising
the City that arrangements had been finalized by the developer and
the Southern California Water Company to meet the requirements of
water service for fire flow. Council concurred that no further
action was necessary and terminated the matter.
11. IMPROVEMENT OF CITY -OWNED PROPERTY - 5843 TEMPLE CITY BOULEVARD,
V.P.D. #1
City Manager Koski advised that pursuant to Council direction at
the regular meeting of March 20, 1973, staff had notified the
property owners in Vehicle Parking District #1 of the estimated
cost per 25' lot for improving City -owned property at 5843 Temple
City Boulevard as a public parking facility, and had prepared
petitions for use by the property owners to determine the interest
in assuming financial responsibility for the proposed development.
The recap of responses to date was indicated on map projected for
view, with the following percentage ,of, response, verbal and written:
Interested - 29 %, Not Interested - 49 %, and Non Responses - 22 %.
Dr. Joe D'Arelli, President of the Temple City Chamber of Commerce,
suggested that more time be given in order to determine if some
sort of agreement for payment could be worked out between property
owners and tenants.
Al Nunamaker, 9549 Las Tunas and member of the Parking Commission,
stated that under the law only 50% of the property owners were
needed for the formation of a second Vehicle Parking District.
He also stated that he felt the City had set a precedent of donating
property in developing other parking areas, and that lot 2B was
donated in V.P.D. #1.
;Council Minutes, April 3, 1973 -Page 5
G. Curry, tenant on Temple City Boulevard, adjacent to the drug
store at 9570 Las Tunas Drive, stated that Mr. Roth, owner of the
nearest properties on Las Tunas had signed in favor and inquired
if the petition had been received. He was advised that while
the information had been received by telephone, the document had
not yet been received.
Pete Fisher, Fisher Drug Store, 9636 Las Tunas Drive, •representing
several property owners, advised that he had the signed petition
from Mr. Roth for 9578 Las Tunas Drive, which he would turn in
this evening. The other properties owned by Mr. Roth, plus
9636 Las Tunas (Fisher Drug, Hill Sporting Goods and Western Auto)
had given a yes;, but they want the mall completed through to
Camellia as part of the same project. He stated these property
owners had been paying on another assessment for 8 years, and
that for the property at 9636 Las Tunas, it would be another
liability with no benefit:
Following the testimony received and discussion, Councilman
Tyrell moved to terminate the consideration of the Parking District,
to accept offer on the lease and to enter into negotiations for the
lease of the property, with lease to be brought back to the Council
for approval at the next meeting, seconded by Councilman Merritt.
Councilman Gilbertson stated he would like to see more time for
the merchants to work toward the parking development as suggested
by Dr. D'Arelli. The motion carried by the following roll call
vote:
AYES: Councilmen - Dennis, Merritt, Tyrell, Briggs
NOES: Councilmen- Gilbertson
12. EMERGENCY EMPLOYMENT ACT OF 1971 - P.E.P. PROGRAM: Re.
Section 9 Funding.
City Manager Koski advised that pursuant to Council direction
at their regular meeting of March 6, 1973, negotiations had been
completed for agreement with the Manpower Program Administration,
County of Los Angeles, for funds under Section 9, Emergency
Employment Act of 1971, and that the City Attorney had approved
the agreement as to content. Councilman Gilbertson moved to
approve as submitted, funding eight positions in the amount of
$27,687 for the period April 1, 1973, to October 1, 1973, and
to authorize the Mayor and City Clerk to sign the agreement,
seconded by Councilman Tyrell and unanimously carried.
NEW BUSINESS:
13. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of March 27, 1973.
ENVIRONMENTAL IMPACT REPORTS - Re. Excavation and Grading Permits
City Manager Koski presented a report from the Planning
Commission wherein it was noted that after reviewing regulations
for processing Environmental Impact Reports, that grading and
excavation permits which are similar in nature to other building
permits are not classified Jin the same manner; and that it was
recommended that these permits be classified as ministerial rather
than discretionary, and that this recommendation was concurred
in by the City Attorney. Councilman Merritt moved to concur
in Planning Commission recommendation to modify Exhibit "A" of
Resolution 73 -1270, to reflect the change as outlined, seconded
by Councilman Tyrell and unanimously carried.
14. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting of
March 21, 1973:
RECOSPONSORSHIP OF ANNUAL EASTER EGG HUNT - Temple City Host Lions.
Councilman Gilbertson moved to approve the recommendation cf the
Parks and Recreation Commission and to accept with appreciation
the donation in the amount of $125, from the Temple City Host Lions
Club for the purpose of cosponsoring the Annual All -City Easter
Egg Hunt, seconded by Councilman Tyrell and unanimously carried.
Council Minutes, April 3, 1973 - Page 6
15. RENEWAL OF AGREEMENT: San Gabriel Valley Humane Society.
City Manager Koski advised that a communication had been received
from the director of the San Gabriel Valley Humane Society,
requesting renewal of their agreement to provide animal control
services to the City for a period of three years. He advised
that the Humane Society had met the conditions outlined in their
present agreement, and that it was staff recommendation to renew
for a period of one year. Councilman Tyrell moved to approve
renewal of the agreement for the period of one year, and to
authorize the Mayor and City Clerk to sign, seconded by Council-
man Merritt and unanimously carried.
16. RELEASE OF TIME CERTIFICATE: Tract 29535
City Manager Koski advised that the Waterworks and Utilities
Division of the County Engineer, by letter dated March 26, 1973,
reported that the six month period for improvement security
under provisions of Section 11612(b) of Subdivision Map Act,
had now been met for Tract 29535 (Bade Construction Company)
and that if no actions had been filed, the release of the Time
Certificate in the amount of $1,900 was recommended. Councilman
Tyrell moved to approve as recommended, seconded by Councilman
Merritt and unanimously carried.
17. HEARING PROCEDURES:
City Attorney Martin advised that in accordance with Government
Code Section 65804, it was necessary for the Council to adopt
Hearing Procedures, a printed copy of which to be made available
to the public when hearings were held, and presented memo from
the City Attorney dated February 19, 1973, outlining suggested
format. Council concurred that five minutes was a suitable time
for presentation of testimony by applicant and by opponents.
Councilman Merritt moved to approve as set forth, seconded by
Councilman Tyrell and unanimously carried.
18. RESOLUTION No. 73 -1273: WARRANTS & DEMANDS, Demand Nos. 7566
thru 7648, in the Amount of $69,146.12.
Councilman Gilbertson moved to adopt Resolution No. 73 -1273
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $69,146.12,
DEMAND NOS. 7566 THRU 7648, seconded by Councilman Merritt and
unanimously carried.
19. ORDINANCE No. 73 -369: 1st read. Re. Proposed Amendment to
Municipal Code re. Operation of Fireworks Stands
City Attorney Martin advised that certain corrections were
in order in regard to the operation of fireworks stands for
the Municipal Code to conform to State fire regulations, and
advised that an ordinance had been drafted to incorporate
the safety requirements involved, which were discussed by
Council. City Attorney Martin presented Ordinance No. 73 -369
entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING
SECTION 3118 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO
THE SALE OF FIREWORKS for first reading by title only. Council-
man Tyrell moved to waive further reading, seconded by Councilman
Merritt and carried unanimously.
20. COMMUNfCATIONS:
A. Temple City Unified School District - Request for
recommendation of person to serve on Committee for
Early Childhood Education Program for 1973 -74 school year.
Council referred the request to recommend a person to serve on
Early Childhood Education Program Committee to study in order
to have a recommendation at an early date.
Council Minutes, April 3, 1973 - Page 7
B. Temple City Unified School District - Request to City Council
to provide one hour of Community Traffic Safety Officer's
time to Student Safety Patrol Program.
Council concurred in exploring the request to provide assistance
to Student Safety Patrol Program to provide a minimum amount of
Community Traffic Safety Officer's time to support the patrol's
duty and to provide casual supervision from our regular traffic
patrol cars when they are in the area of the schools involved.
C. Status Report on Parks and Recreation ad hoc Development
Committee
Council received a status report on the ad hoc Park Development
Committee dated April 3, 1973, from Everett Greenberg, Chairman
of the Parks and Recreation Commission, and concurred in the
benefit received by the City from this important committee. Mayor
Briggs will send formal acknowlegement to those who served.
21. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
Penny Graham and Bill Graham, Graham's Music, 9616 Las Tunas
Drive, discussed with the Council the effort put forth by the
business community toward establishing additional parking in
the downtown area, and future efforts that may be made to
acquire property for parking purposes.
22. MATTERS FROM CITY OFFICIALS:
A. City Manager Koski advised that Dr. Allen Rice, Superintendent
of the Temple City Unified School District had extended an
invitation to use the Media Center at the high school for the joint
meeting with the City Council to be held April 30, 1973, at 7:30 p.m.
Council concurred that the Media Center would be a fine choice
for the location of the meeting.
B. Encroachment Permit - 9164 -70 Las Tunas Drive
City Manager Koski advised that the owner of the commercial property
at 9164 and 9170 Las Tunas Drive, on the south side of Las Tunas
between Encinita and Loma, requests an encroachment permit for a
contemplated landscaping planter and screen wall for a parking lot.
The proposed planter and wall would encroach into the public right -
of -way five feet, and that it was agreeable to the owner to meet
requirements set forth in covenent regarding real property to be
recorded with the County Recorder, all pursuant to Section 114 of
the Highway Permit Ordinance No. 3597 of Los Angeles County.
Councilman Gilbertson moved to grant, seconded by Councilman
Merritt and unanimously carried.
C. Resolution No. 73 -1276: Inspection of City -owned bridges by
County of Los Angeles
City Manager Koski advised that Communication from Los Angeles
County Road Department dated March 29, 1973, had been received,
wherein the bridge inspection for cities would be provided by
the County, subject to the consent and concurrence of individual
cities. Councilman Gilbertson moved to adopt Resolution No.
73 -1276 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA DETERMINING THE AUTHORITY AND RESPONSIBILITY
FOR INSPECTION FOR CITY BRIDGES WITHIN SAID CITY AND PROVIDING FOR
PAYMENT OF COSTS THEREOF, seconded by Councilman Dennis and
unanimously carried.
D. Councilman Merritt called attention to hazard at Longden and
Encinita where pool construction was unfenced, which was referred
to staff. Locations of unsightly properties were also referred to
staff.
Council Minutes, April 3, 1973 - Page 8
E. Councilman Gilbertson noted that election for Rapid Transit
District Representative, Corridor D, was to be held on April 6,
1973, and recommended support of Kenneth Pike of Rosemead for
this office, which was concurred in by Council.
23. ADJOURNMENT: Council adjourned to a study session at 10 p.m.
In Study Session, Council discussed burglary prevention program
which was previously recommended by Sheriff Pitchess, whereby
approximately 500 officers and men from the Sheriffs Department
would conduct a community -wide investigation of our residential,
commercial and industrial properties and make recommendations
to the owners and occupants as to the appropriate means by which
they can improve the security of the premises and the personal
belongings. The proposed program would be conducted over a
two -day period on May 12 -13, 1973. As a part of the program, the
City would incur costs for appropriate posters and letters to the
residents and the business community, including mailing. A major
part of the program would be follow -up for a period of several
months, whereby a crime prevention officer and an additional
detective will investigate every incident of either burglary or
robbery occurring within the community. Costs related to the
materials and additional manpower estimated at approximately
$28,000 to $30,000, for which funds would be available from
Revenue Sharing Program.
At 10:39 p.m., it was moved by Councilman Tyrell to reconvene,
seconded by Councilman Gilbertson and unanimously carried.
24. RECONVENE: 10:39 p.m.
A. Burglary Prevention Program.
Councilman Tyrell moved to approve burglary prevention program as
contained in proposal from Sheriff's Department, involving inspec-
tion of homes within the community on May 12 -13, 1973, with a
continuing effort by crime prevention officer and additional
detective for a period of several months, estimated to cost from
$28,000 to $30,000, to be funded from monies available from the
Revenue Sharing Program. The motion was seconded by Councilman
Gilbertson and unanimously carried.
B. City Hall Space Utilization Study - Decentralization
City Manager Koski advised that previous information had been
sent to the Council by memorandum dated March 22, 1973, on City
Hall Space Utilization Study; and presented additional information
for decentralization of the Parks and Recreation Department
to the Pentland Yard, with projected modification and estimates
as set forth in memorandum of April 3, 1973.
Councilman Gilbertson moved to approve the staff recommendation
for conversion of residence at Pentland Yard to a Department Office
on an interim basis, and to authorize the expenditure of funds in
the amount not to exceed $2,000 to make the necessary modifications
to the facility and to amend the adopted budget accordingly; and
to authorize staff to obtain a proposal of cost estimates for
design and construction for the modification of the City Hall as
outlined in the report of March 22, 1973. The motion was seconded
by Councilman Tyrell and unanimously carried.
25. ADJOURNMENT: Councilman Tyrell .moved to adjourn at 10:45 p.m.,
seconded by Councilman Gilbertson and unanimously carried. Next
regular meeting of the Council to be held on Tuesday, April 17, 1973,
at 7:30 p.m. in the Council Chambers of the City Hall.
ATT .T:
Chef Deputy 'ty Clerk
MAY
R