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HomeMy Public PortalAboutCity Council_Minutes_1973-07-17_Regular 1973CITY OF TEMPLE CITY COUNCIL MINUTES JULY 17, 1973 INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, July 17, 1973, in the Council Chamber of the City Hall. 2. The invocation was given by Bishop Bateman, Church of Jesus Christ of Latter Day Saints (Las Flores Ward), 6249 N. Kauffman Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen - Briggs, Dennis, Gilbertson, Merritt, Tyrell Absent: None Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Assistant to the City Manager Biel. 5. APPROVAL OF MINUTES: Councilman Briggs moved to approve the minutes of the regular meeting of the City Council held on Tuesday, July 3, 1973, as written, seconded by Councilman Gilbertson and carried, Council- man Dennis and Mayor Tyrell abstaining. Councilman Gilbertson moved to approve, the minutes of the adjourned meeting of the City Council held on Monday, July 9, 1973, seconded by Councilman Merritt and carried, Councilman Briggs abstaining. Boy Scout Troop No. 169 was given recognition by Mayor Tyrell who presented a special certificate to the group. Troop 169, sponsored by Emperor Schoca PTA, has 23 members. Robert Newman, Sr. Patrol Leader, gave ailistory of the troop and their activities and introduced other officers of the troop, as well as their Scoutmaster, Mr. Rod Bowman. 6. PUBLIC HEARING: 7:30 p.m. Change of Zone from R -1 to R -3, 10034 and 10040 Olive Street, and from vacant parcel northerly of 5214 Baldwin Avenue through 5312 Baldwin Avenue, and 10027 and 10031 Green Street and approximately the westerly half of 5311, 5317 and 5325 Zadell Ave. City Manager Koski presented background information, advising that the Planning Commission, at their regular meeting of June 12, 1973 held continued public hearing from their meeting of May 22, 1973, to consider the request for change of zone R -1 to R -3 on the subject property and passed Resolution 73 -502PC recommending the change of zone; that an Environmental Impact Report had been prepared on the proposed zone change and the Planning Commission concurred with staff's findings. Councilman Merritt moved to make the Planning Commission minutes of May 22, 1973 and June 12, 1973 a part of the public seconded by Councilman Gilbertson and carried. Planning Director Dragicevich advised that the subject property is an irregular parcel fronting 559 feet on Baldwin Avenue and 160 feet on Green Street, being 5,43 acres in size presently containing eight single family dwellings. Baldwin Avenue is a 100 ft. wide primary road with 80 ft. of pavement; Olive Street is a 60 ft. wide collector with 40 ft. of pavement; Green Street has a 50 ft. right -of -way, only a portion of. which is dedicated, with 36 ft. of pavement, with no curb, gutter or sidewalk. The Council Minutes, July 17, 1973 ° Page 2 surrounding area to the north is developed commercial and residential; the southeast corner of Baldwin & Olive has an apartment structure of 45 units; the northeast, northwest and southwest zoned C -2. At the public hearing of May 22, petition was received with 141 signatures opposing the zone change; at the public hearing on June 12, 103 additional signatures were sub- mitted in opposition. At their meeting of June 12, Planning Commission passed Resolution 73 -502PC recommending the zone change for the reasons that 1) the size and shape of the subject property is adequate for R -3 development, 2) the subject property has sufficient access to streets to carry the volume of traffic to be generated by the proposed development, and 3) the proposed change of zone is compatible with the development for the area in the General Plan of the City. Staff recommends that the three parcels located at the northeast corner of Green Street and Baldwin Avenue, presently excluded from the proposed zone change, be considered for change of zone as well. The Environmental Impact, if property is developed as proposed, could have a significant impact in that there would be high residential density, displacement of eight residences, increase in traffic volume, more demands on municipal services and removal of over 100 trees. In answer to Councilman Gilbertson's question as to why the omission of the three parcels on the northeast corner of Green Street and Baldwin Avenue, and parcels 1 and 15, City Attorney Martin advised that the original application for change of zone did not include the three parcels, but that staff would recommend that Council consider changing them also, and regarding the flag lot, parcels 1 and 15, is under one ownership and not a part of the property proposed to be developed. Mayor Tyrell declared the Public Hearing open and invited those present who wished to speak in favor of the zone change to come forward. Mr. James Baldwin, applicant, 4300 Campus Drive, Newport Beach, briefly gave his professional background, stressing his company's experience in building condominiums. He continued, explaining his company proposes to build an 89 unit condominium on subject property, buildings covering 41% of the area with the remaining 59% dedicated to open space. Special attention would be given to the treatment of architecture and landscaping, the units would sell from $35,000 to $45,000. Mr. Baldwin stated that if the requested zone change were recommended by City Council, he would suggest second reading of the ordinance be held together with consideration of his pro- posed project so that the City can approve the project prior to changing the zone. Mr. Baldwin further stated he felt this type of housing was needed in Temple City, over half of the purchasers would come from within the City, the average number of people occupying a unit would compare with the number of people occupying 28 individual single family dwellings as it is presently zoned, and that the development would be beneficial to surrounding property. Mr. George Nicholas, 9951 Howland Avenue, spoke in favor of the zone change, stating he felt that the proposed development would be an improvement over the condition of the properties now and would improve and upgrade the area. He would rather see the area developed by a suitable builder as proven by another development by the applicant in Temple City, and felt the proposed project would be an asset to the community. Mrs. Dorothy Spotts, 10034 Olive Street, advised that 70 feet of the rear portion of her lot is included in the request for zone change and she feels that the development of this area will eliminate Council Minutes, July 17, 1973 - Page 3 the ugliness that exists at the present time. It is her contention that the rear lots as they now exist are breeding grounds for small wild animals and also a fire hazard. Mrs. Antoinette Keeler, 5925 Temple City Boulevard, spoke in favor of the zone change, addressing herself to the proposed condominium, stating that many residents approaching retirement age are looking for that type of home and they were needed in Temple City. Mr. Walter Schinnerer, 5219 Baldwin Avenue, favored the change of zone, stating that the properties are now an eyesore and that they are too big to properly care for, and further, that because of their size they cannot be developed as single family dwellings economically. Mr. Noel Baldwin, 5302 Baldwin Avenue, spoke in favor of the zone change, stating that the development proposed would be an asset to Temple City. Mrs. Penny Graham, President of the Temple City Chamber of Commerce, advised that the proposed request had been studied by the Chamber Legislative Committee and each board member, and the majority had voted that the Chamber recommend in favor of the zone change and proposed development. Councilman Briggs moved to make a letter received from the Chamber of Commerce in support of the change of zone a part of the record, seconded by Councilman Dennis and carried. Mayor Tyrell invited those who wished to speak against the matter to come forward. Mr. Joseph DiChiaro, Attorney at law, 735 W. Duarte, Arcadia, repre- senting 6 property owners, spoke in opposition to the zone change. He agreed with Mr. Baldwin that the matter of zone change and develop- ment of the property be heard at the same time, in that if the development proposed is not approved, it would leave parcels where the rear lots would be zoned R -3 and the front portion zone R -1, which would be poor zoning practice, and asked that the entire matter be returned to the Planning Commission. Because of the fact that there may be some future change in Planning Commissioners, Mr. DiChiaro felt that both issues should be considered by the Planning Commission as it will be constituted. Mr. DiChiaro stated his concern that the sole access would be onto Baldwin Avenue, that a condominium is more comparable to an apartment unit than a single family dwelling, that his clients are more desirous of single family dwellings. He called attention to the environmental impact that 89 families would make on the noise level, and the removal of over 100 trees. If.the. zone is changed to R -3, Mr. DiChiaro questioned whether the property owner would be able to expand existing single family residences or be limited only to remodeling. Staff explained that additions to existing units or buildings would be permissible, however once the property becomes vacant, only multiple residential units are permissible. Mr. Robert Fiedler, 10063 Olive Street, opposed the zone change stating that the area now has one apartment building and three small commercial developments which he believed was a mistake, but saw no reason to compound it with more R -3 zoned property, calling it spot zoning. Mr. Fiedler stated there was much undeveloped R -3 property in Temple City and thought the City should encourage their development rather than create more R -3 zoning. Mr. Fiedler presented an alternate plot plan subdivided into 24 lots and zoned R -1. He felt the Planning Commission was short sighted and it is the City Council's responsi- bility to look at the matter on a broader scale. He submitted there are other alternatives than to leave the property as it is or develop into high density. Council Minutes, July 17, 1973 - Page 4 Mrs. Linda Hargett, 10059 Randwick, said that the development as planned would be an invasion of her privacy, that she was against R -3 zoning for any development, that the Planning Commission should not have taken action with only three members present. Mr. Richard Lucas, 5301 Zadell Avenue, stated that he is against the property being zoned R -3; that if it is zoned R -3 he would want to discuss its development. If the property is zoned R -3 and two story units are permitted to be constructed, he would lose his privacy in his back yard. Mr. Albert Williams, 10026 Green Street, expressed his concern that Green Street is a private street, never having been dedicated, and that there is a drainage problem now which will increase with the proposed project. Mr. Williams also stated it was his understanding that the Fire Department would recommend another access, either Olive or Green Street. It was explained to Mr. Williams where Green Street is not yet a fully dedicated street. Mrs. Gerald Pilz, 10049 Randwick, stated she was opposed to the proposed zone change because there is much unimproved R -3 property already in Temple City. Mr. Peter Costa, 10216 E. Olive, stated he was opposed to a zone change, that condominiums may be leased or rented, the suggested price tag of $35,000 to $45,000 in that area was high, and if his taxes went higher he would prefer it to be for single family homes rather than a condominium. Mr. Leland Tinkham, 10017 Green, stated the proposed development would surround his single family residence at the corner of Baldwin Avenue and Green Street, and requested if City Council approved R -1 to R -3 zoning in this area, it be delayed until negotiations are completed to include the three parcels which are presently not included in the request. Mr. Robert Gannon, 5351 Zadell, stated he had remodeled his home at great expense, he likeithe area as it is, and opposed the zone change. Mrs. Kay Gannon, 5351 Zadell, stated that it was her understanding from staff that the Fire Department would require another access to the property, as well as the one proposed off Baldwin Avenue. It was stated by City Manager Koski that no recommendations have been sub- mitted by the Fire Department. In rebuttal, Mr. James Baldwin advised he was negotiating with pro- perty owners of the parcels not now included in the request for zone change; that it is not economically feasible to build single family dwellings in the subject area; that the development is planned to give maximum setbacks to insure privacy to surrounding homes; and that he would have no objection to the zone change request being tied in with approval of the project itself. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Gilbertson and carried. Councilman Briggs stated he was against the zone change; the area in question is run down and to change a zone in order to upgrade pro- perty would encourage residents who might want a change to let their properties deteriorate; that the proposed development had a sub- stantial impact on the surrounding property; that the proposed develop- ment would create a traffic problem and would be spot zoning against which the City had taken a strong stand. Council Minutes, July 17, 1973 - Page 5 Councilman Merritt stated that change is inevitable and change has to be accepted. An extension of R -3 zoning from the southeast corner of Olive Street and Baldwin Avenue does not appear to be spot zoning, and if the City can control the type of structure in the property's development, he would favor a change of zone. Mayor Tyrell called a recess at 10:20 p.m. City Council reconvened at 10:35 p.m. Councilman Gilbertson stated he preferred single family residential community and was not particularly pleased with the proposed develop- ment; that he had visited the area three times in the past week and found a great inconsistency in the area, some of the property being run down, others maintained very well. Councilman Gilbertson felt an obligation to the people who objected to the project, but since it is not economically feasible to develop the property as single family units, a condominium type project would be least objectionable. He believed it would be better to include the three parcels not now included in the request. Councilman Dennis felt the area had deteriorated to a point where it needs redevelopment. He is not in favor of multiple development at the expense of single family dwelling, however he did not believe it would be economically feasible to develop the property with single family units. Councilman Dennis would not approve the project without trying to include the three parcels and the flag lot not presently included in the project and would recommend a delay until the inter- ested parties come to some agreement. Mayor Tyrell did not feel the property could remain R -1 zoned property, but would not favor development by landlocking the three parcels on the northeast corner of Baldwin Avenue and Green Street. He is in favor of considering the change of zone at the same time consideration would be given to the proposed development, and would like to see the matter go back to the Planning Commission for further consideration, and in the meantime hopefully arrangements might be made to include the three parcels not now included, as well as the flag lot. Mayor Tyrell welcomed the opportunity to upgrade the area, whether it be single family residential or home owner /occupied condominiums. City Attorney Martin stated that it now appears to be the consensus of the Council to consider a motion to hold this rezoning application before the City Council with a tentative finding that the property is probably no longer suitable as R-1 property, and is deserving of some appropriate zone - Planned Unit Development or other zone classification - yet to be determined. Councilman Gilbertson moved to refer the matter back to the Planning Commission, first for re- configuration of the proposed zone change to include the parcels at the northeast corner of Baldwin Avenue and Green Street, and secondly, to provide the method whereby the zone change and the development itself can be brought together in one hearing, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Gilbertson, Merritt, Dennis, Tyrell NOES: Councilmen- Briggs ABSENT: None 7. RESOLUTION NO. 73 -1293 Re: Vacation of Alley Easement. As instructed by City Council at their regular meeting held July 3, 1973, City Attorney Martin introduced Resolution No. 73 -1293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING AN UNUSED EASEMENT by title only. Councilman Gilbertson moved to adopt, seconded by Councilman Merritt and carried unanimously. Council Minutes, July 17, 1973 - Page 6 8. ORDINANCE NO. 73 -374 - 2nd read. Re: Amending the first paragraph of Section 6805 of the Municipal Code relating to CATV. City Attorney Martin presented Ordinance No. 73 -374 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE FIRST PARAGRAPH OF SECTION 6805 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CATV for second reading. Councilman Merritt moved to waive further reading and adopt, seconded by Mayor Tyrell and carried unanimously. 9. ORDINANCE NO. 73 -375 - 2nd read. Re: Proposed amendment to Municipal Code relating to Zoning Classification for retail sale of Upholstery Fabrics and Supplies, Rugs and Carpets (C -1) and Furniture Repair and Upholstery (C -2). City Attorney Martin presented Ordinance No. 73 -375 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW PARAGRAPH 21A to SUBSECTION A OF SECTION 9390 AND NEW PARAGRAPHS 32A and 39A TO SUBSECTION A OF SECTION 9399.1 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERMITTED USES IN THE C -1 and C -2 ZONES OF THE CITY. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Dennis and carried unanimously. 10. FIREWORKS STANDS 1973 - Refund of Deposits City Manager Koski advised that the Building Department and the Fire Department have reported that all fireworks stands have been removed and sites cleared of debris, and that the organizations involved were now eligible for refunds of deposits. Councilman Gilbertson moved to approve the refund of deposits, seconded by Councilman Dennis and carried unanimously. 11. SIDEWALK INSTALLATION PROGRAM FY 72 -73 - Olive, Arden, Broadway, Garibaldi - amendment to specifications. City Manager Koski advised that staff had met with contractor regarding modification of specifications for the construction of sidewalks as approved by City Council at their meeting held June 5, 1973, to include reduction of sidewalk width from 5 feet to 4'6" when adjacent to curb. Councilman Merritt moved to approve the modification, seconded by Mayor Tyrell and carried unanimously. 12. DEPARTMENTAL BUDGET REQUEST - FY 1973 -74, Recreation Personnel City Manager Koski advised that pursuant to Council personnel budget session, a summary of recommended hours for the various programs offered by the Recreation Department and salary schedule for recreation leaders and helpers was submitted for Council review and action. Councilman Gilbertson moved to approve the recommended hours and salary schedule as outlined in memo dated June 29, 1973, seconded by Councilman Dennis and carried unanimously. NEW BUSINESS: 13. RENEWAL OF AGREEMENTS: A. Chamber of Commerce - Councilman Merritt moved to approve the extension agreement between the City of Temple City and the Temple City Chamber of Commerce for the period July 1, 1973 to June 30, 1974, deleting Item e) and authorize Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried unanimously. B. Public Relations Coordinator - Patti Bates Councilman Gilbertson moved to approve agreement with Patti Bates for public relations services for the period July 1, 1973 to June 30, 1974 and authorize Mayor and City Clerk to sign, seconded by Councilman Merritt and carried unanimously. Council Minutes, July 17, 1973 - Page 7 14. RESOLUTION NO. 73 -1296 - WARRANTS & DEMANDS, Demand Nos. 8205 through 8305 in the amount of $63,706.26. City Manager Koski presented Resolution No. 73 -1296 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUME OF $63,706.26, DEMAND NOS. 8205 THROUGH 8305. Councilman Gilbertson moved to approve, seconded by Councilman Merritt and carried unanimously. 15. TRAFFIC COMMISSION RECOMMENDATIONS - Meeting of July 11, 1973 A. TRAFFIC ENGINEERING SURVEY RE: SECTION 40802, VEHICLE CODE (Speed Limits) City Manager Koski presented background information, advising the Traffic Commission had reviewed and concurred with Traffic Engineer's findings and recommendations with regard to surveys on selected streets to comply with Section 40802 of the Vehicle Code which defines a "speed trap ". Councilman Dennis moved to approve, seconded by Councilman Gilbertson and carried unanimously. Mayor Tyrell requested that the remaining streets to be surveyed be submitted for Council action at the next regular meeting of August 7, 1973. B. SERENO -ACASO INTERSECTION - Additional Regulations City Manager Koski provided background information, advising that the Traffic Engineer had made afield investigation of subject area pursuant to requests of several residents and recommended that Acaso Drive and Blackley Street be stopped at their approaches to Sereno Drive. Traffic Commission concurred with the engineer's findings and recommends placing stop and stop bar pavement markings on Acaso Drive and Blackley Street at their approaches to Sereno Drive. Councilman Merritt moved to approve Traffic Commission recommendation, seconded by Councilman Gilbertson and carried unanimously. 16. COMMUNICATIONS: A. TEMPLE CITY BABE RUTH LEAGUE - Request to close Emperor Avenue to traffic during games. City Manager Koski presented request from the Temple City Babe Ruth League for permission to close Emperor Avenue easterly of Oak Avenue for the State Babe Ruth League Tournament from July 21 through July 29, 1973, during the time games are in progress. Councilman Merritt moved to approve request subject to the League supplying the City with a certificate of insurance, Sheriff's Department supervision of the closure, and securing of permission from the seven residents affected, seconded by Councilman Gilbertson and carried unanimously. B. Councilman Gilbertson moved to proclaim the week of September 9 -15 SQUARE DANCE WEEK OF CITY OF TEMPLE CITY, seconded by Councilman Merritt and carried. C. City Manager Koski presented letter from James S. File, C.P.A., City Auditor, advising of the merger of James S. File and Associates with Harman, Waddell & Turull under the name of Harman and Company. Letter was received and filed. RECESS TO MEET AS CRA On motion of Councilman Merritt, seconded by Mayor Tyrell, Council recessed at 11:03 p.m. to meet as the Community Redevelopment Agency. Council Minutes, July 17, 1973 - Page 8 Council convened as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting of July 3, 1973; authorized the issuance of building permits for project in Parcel "E" of the Rosemead Boulevard Redevelopment Project; and adjourned to their next regular meeting. The minutes are set forth in full in the CRA records. COUNCIL RECONVENED AT 11 :08 p.m. 17. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Mr. Peter Costa, 10216 E. Olive, spoke to the matter of an article in the Temple City Times regarding Planning Commission action relative to the public hearing on Change of Zone Case #7'3 -394. Mr. Harold Fisher, 5324 Zadell, inquired as to why curbs had not been installed on Olive Street west of Zadell. City Manager Koski advised Mr. Fisher the development of the property now included in the request for change of zone would include the construction of curbs and /or sidewalk in the area in question. 18. MATTERS FROM CITY OFFICIALS: A. Councilman Gilbertson moved to approve payment of membership dues to Southern California Association of Governments in the amount of $495, seconded by Councilman Dennis and carried unanimously. B. Councilman Gilbertson moved to approve request for $100 advance registration at Kellogg -West for City Seminar to be held Saturday, October 13, 1973, seconded by Mayor Tyrell and carried unanimously. C. .RESOLUTION NO. 73 -1295 Re: Capital Punishment Councilman Gilbertson moved to approve Resolution No. 73 -1295 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING THE STATE LEGISLATURE TO ENACT A BILL REQUIRING THE MANDATORY IMPOSITION OF CAPITAL PUNISHMENT UPON ANYONE CONVICTED OF THE FIRST DEGREE MURDER OF A PEACE OFFICER ENGAGED IN THE PERFORMANCE OF HIS DUTIES, seconded by Councilman Merritt and carried unanimously. D. Mayor Tyrell directed Council's attention to the Independent Cities of Los Angeles County Seminar to be held September 28 -30, 1973 in Coronado, California. E. Mayor Tyrell called Council's attention to the California Contract Cities Association meeting to be held at the T & J Restaurant, Rosemead, July 18, 1973, 7 :30 p.m. F. City Manager Koski advised that as a result of the recent meeting between City Council and Supervisor Schabarum and Road Commissioner Morhar, the County Road Department had prepared a proposed three -phase improvement program for Lower Azusa Road. Council concurred with the three -phase plan and instructed staff to proceed with setting up meeting to discuss County's participation. G. Council received and filed report from City Manager Koski with regard to the status of the burglary prevention program "Operation T.C." H. Councilman Gilbertson moved to approve the street maintenance program for fiscal year 1973 -74, estimated cost: $30,500 for slurry seal, $44,350 for resurfacing as indicated on map filed in the Public Works office, seconded by Mayor Tyrell and carried. 1 Council Minutes, July 17, 1973 - Page 9 19. ADJOURNMENT: On motion by Councilman Briggs, seconded by Councilman Dennis and carried, the meeting adjourned at 11:20 p.m. Next regular meeting of the City Council to be held Tuesday, August 7, 1973 at 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Ch of Deputy City Clerk