HomeMy Public PortalAboutCity Council_Minutes_1974-02-05_Regular 1974CITY OF TEMPLE CITY
COUNCIL MINUTES
FEBRUARY 5, 19,74
INITIATION:
1. Mayor Tyrell called the regular meeting of the City Council to order
at 7:36 p.m. on Tuesday, February 5, 1974, in the Council Chamber
of the City Hall.
2. The invocation was given by Rev. Brian Cuthill, Church of the
Nazarene, 9953 E. Las Tunas.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Dennis, Gilbertson ,Greenberg,Merritt,Tyrell
Councilmen -None
City Manager Koski, Assistant to the City Manager
Biel, Planning Director Dragicevich, Director of
Parks & Recreation Kobett, Public Works Coordinator
Leonetti
APPROVAL OF MINUTES:
Councilman Gilbertson moved to approve the minutes of the regular
meeting of the City Council held on Tuesday, January 15, 1974,
seconded by Councilman Dennis and carried.
Junior Girl Scout Troop No. 455 was given recognition by Mayor Tyrell
who presented a special certificate to the group. Lisa Herrmann
explained plans and activities of the troop which is sponsored by
Cloverly School, which included first prize for float built for the
29th Annual Camellia Parade and donation of four trees to the Cloverly
School, and introduced Mrs. Sue Mooney, Leader, and approximately 12
members of the troop in attendance.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. Street Improvements (Curb, Gutter and
Drive Approaches, pursuant to Chapter 27, Streets and Highways Code)
A. ELLIS LANE, east side, Lower Azusa Road to Temple City Blvd.
B. TEMPLE CITY BLVD., Ellis Lane southerly
City Manager Koski provided background material, stating the
project was the last portion of the City's major curb and gutter
program for the current fiscal year and would be included in the
Longden, et al project further in the agenda; the City of. El Monte
has granted the City of Temple City jurisdiction over the portions
of Ellis Lane which lie within the city limits of El Monte; pursuant
to the concurrent improvement ordinance of the City of El Monte,
they have received commitments and deposits from 42% of the property
owners on the east side of Ellis Lane; one property owner, comprising
the other 58% of the block, has given a verbal agreement to the
improvement; notices of public hearing were posted.
Mayor Tyrell declared the public hearing open. No one came forward
to speak in favor of, nor in opposition to, the proposed street
improvements. Councilman Gilbertson moved to close public hearing,
seconded by Councilman Merritt and carried.
Councilman Merritt moved to find the project to be in the best
public interest and instruct the Superintendent of Streets to cause
the work to be done, seconded by Councilman Greenberg and carried.
Council Minutes, February 5, 1974 - Page 2
7. ORDINANCE NO. 74 -381: 2nd read. Amendment to Temple City Zoning
Code relating to Residential Planned Development (RPD)
City Manager Koski introduced Ordinance. No. 74 -381, AN ORDINANCE
OF THE CITY OF TEMPLE CITY ADDING NEW PART XIIB TO ARTICLE IX
OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO RESIDENTIAL PLANNED
DEVELOPMENT DISTRICTS for second reading by title only.
Couricilman Gilbertson moved to waive further reading, adopt, and
refer to Planning Commission for their review of clerical changes,
seconded by Councilman Dennis and carried.
APPEAL FROM PLANNING COMMISSION DECISION:
Zone Change Case No. 73 -394 - BALDWIN /OLIVE /GREEN /ZADELL
Tentative Tract Map No. ,32040
City Manager Koski advised that at their regular meeting held
Tuesday, January 15, 1974, City Council held public hearing on
proposed change of zone from R -1 to R -3 and Tentative Tract Map
No. 32040 for property located at Baldwin /Olive /Green /Zadell, at
which time Council held the matter over for City Attorney to
review the matter for legal clarification; the City Attorney
has recommended against a rezoning from R -1 to R -3 because the
R -3 zoning does not comport to the General Plan and thus would
be an improper rezoning, subject to legal action, and the R -3
zoning would offer no protection to the neighborhood that the
particular development and /or subdivision would be developed;
instead any development that complies with R -3 zoning could be
developed, and has recommended the subdivision map be denied
without prejudice. City Attorney further recommends that the
application be referred back to the Planning Commission for
consideration of either R -2 or RPD zoning.
Councilman Dennis felt that the City Attorney's recommendation '.
is quite clear insofar as denying the application for zone'
change, but questioned whether the matter could be referred
to the Planning Commission for consideration of R -2 or RPD
zoning unless the applicant makes new application. Cobra cilman
Merritt concurred with Councilman.. Dennis, as did Councilman
Greenberg, who felt that there should be some reasonable develop-
ment, but consistent with the General Plan
Councilman Gilbertson felt the application should be denied because
of the excessive density; however.: the land is adequate for some
development outside of R -1 zoning. Councilman Gilbertson expressed
his concern with regard to the deteriorated condition of the pro-
perty in question and felt the City should demand that it be
maintained in conformity with City standards.
Councilman Merritt moved to deny the appeal for zone change without
prejudice, seconded by»Councilman Greenberg. Motion was amended
to allow the applicant to re -file a new application for zone change
without fee within 60 days and carried.
Councilman Gilbertson moved to deny Tentative Tract Map. No. 32040
without prejudice, seconded by Councilman Dennis and carried.
Mayor Tyrell stated that inasmuch as R -3 zoning would offer no
protection to the neighborhood that this particular subdivision
would be developed, and R -3 zoning would be subject to legal
action, the application has been denied, however the City will
continue to look at this improvement as in all other areas of the
City and the matter may be discussed again at a later date.
10. LIVE OAK PARK DEVELOPMENT - Sales Agreement re: Land Acquisition
City Manager Koski stated that pursuant to City Council direction,
he and City Attorney Martin had entered into negotiations with
Council Minutes, February 5, 1974 - Page 3
Mr. Merle Collins, owner of property located in the southeast
portion of Live Oak Park, and have prepared the proposed purchase
agreement to purchase five properties, in three phases, in the
amount pursuant to the appraisal accomplished by Howard S.
Martin and Associates.
Councilman Merritt moved to approve the sales agreement and
authorize the Mayor and City Clerk to sign, seconded by Councilman
Gilbertson and carried. Councilman Gilbertson moved to appropriate
additional funds in the amount of .$32,750 from the General Fund
and amend the Adopted Budget accordingly, seconded by Councilman
Dennis and carried.
11. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of January 22,1974
A. Set Public Hearing: To Consider Amendment to Paragraph 3 of
Section 9400(A) of the Temple City Municipal Code relating
to Automobile Painting, Body and Fender Works
City Manager Koski presented background material, stating that
the Planning Commission, at their regular meeting held Tuesday,
January 22, 1974, passed Resolution No. 74 -542PC recommending that
Paragraph 3 of Section 9400(a)° of the Temple City Municipal Code
be amended to allow automobile body work and painting as a condi-
tional use in the C -3 zone, now permitted in M -1 and M -2 zones.
Councilman Dennis moved to set public hearing March 5, 1974,
seconded by Mayor Tyrell and carried.
B. Revised Regulations for Processing Environmental Impact Reports
City Manager Koski presented background information concerning
revised regulations for processing Environmental Impact Reports,
including changes in notices, fees, preparation of the Environmental
Impact Report, and seeking comments from other public agencies
which service the project site; as well as a 30 day period which
must follow the preparation of °a preliminary report which will slow
down processing of certain applications which come before the City.
Grading and excavation permits were eliminated from the Discretionary
Projects by City Council decision April 3, 1973.
Councilman Gilbertson moved to approve the revised regulations for
processing Environmental" Impact Reports, "grading and ex-
cavation' permits" from-the Discretionary Projects, seconded by
Councilman Merritt and carried.
C. Appeal From Planning Commission Decision - Zone Variance
Case 74 -410, 6127 and 6131 N. Golden West-Avenue
City Manager Koski advised the Planning Commission, at their
regular meeting held January 22, approved Environmental Impact
Report and passed Resolution No.'74 -541PC granting a request to
develop two (2) " contiguous lots with less than the required lot
area and open space per dwelling unit in an R -2 zone, an appeal
was filed on January 29, 1974.
Councilman Gilbertson moved to set public hearing to consider
the appeal February 19, 1974, seconded by Councilman Greenberg
and carried.
D. Code Enforcement and Environmental Quality Program
City Manager Koski presented background information, advising staff
prepared a report summarizing and detailing the Code Enforcement
and Environmental Quality Program which has been in effect for a
year and was presented to Planning Commission at their meeting held
January 8, at which time they were asked to review and comment. At
their meeting held January 22, 1974 Planning Commission endorsed
Council Minutes, February 'S, 1974 - Page 4
the program and recommended City Council adopt it as a matter
of policy.
Councilman Gilbertson moved to adopt the Code Enforcement and
Environmental Quality Program as a matter of policy, seconded
by Councilman Dennis and carried.
12. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Temple City
Girl Scout Troops' request 'to raise funds for camperships
City Manager Koski advised a request had been received from the
Temple City Girl Scout Troops to use the facilities at Live Oak
Park for a charitable fund raising activity while conducting a
Skills Day March 9, 1974, 9:00 a.m. to 3:30 p.m.
Councilman Gilbertson moved to approve request for Temple City
Girl Scouts to conduct charitable fund raising in conjunction
with Skills Day at Live Oak Park, March 9, 1974, seconded by
Councilman Merritt and carried.
13. RESOLUTION NO. 74 -1329: Establishing Voting Precincts for General
Municipal Election to be held April 9, 1974
It was moved by Councilman Merritt, seconded by Councilman
Greenberg and carried, to adopt Resolution No. 74 -1329 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
CALIFORNIA, ESTABLISHING VOTING PRECINCTS FOR GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 9TH DAY OF
APRIL, 1974, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY
AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF
TEMPLE CITY.
14. RESOLUTION NO. 74 -1330: Employment of Personnel
It was moved by Councilman Merritt, seconded by Councilman
Greenberg and carried, to adopt Resolution No. 74 -1330 entitled
A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPOINTING PERSONNEL.
15. RESOLUTION NO. 74-1331: WARRANTS & DEMANDS, Demand Nos. 9306
through 9401 in the amount of $61,370.37.
It was moved by Councilman Gilbertson, seconded by Councilman
Greenberg and carried, to adopt Resolution No. 74 -1331 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $61,370.37, DEMAND
NOS. 9306 THRU 9401.
16. COMMUNICATIONS:
A. California Contract Cities'Association - Request for
Proclamation - "Youth Art Month"
City Council supported the Mayor proclaiming the month of March
as YOUTH ART MONTH pursuant to request from the Special Events
Committee of California Contract. Cities Association.
B. Temple City Camellia Festival - Approval of Vendors for
Parade Route, Assembly and Disbanding Areas.
City Manager Koski presented a request for approval from the
Temple City Camellia Festival for youth group vendors at the
Camellia Festival Parade Route. Councilman Greenberg moved to
approve as requested, seconded by Councilman Merritt and carried.
Council Minutes, February 5, 1974 - Page 5
17. TIME FOR THOSE IN AUDIENCE'WHO WISH TO SPEAK:
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A. Mr. Leland Tinkham, 10017 Green Street, stated he was confused
with regard to the inconsisten.y between the zoning map and
the General Plan and the fact that Baldwin Builders had asked
for approval of a project within the constraints of the General
Plan and was turned down, and questioned whether the State
Subdivision Act would protect the neighborhood in that the
map which is filed must be the one developed. Mayor Tyrell
advised Mr. Tinkham that the subdivision law binds the developer
to the plan as presented, however, as regards the zone change
in question, a change of zone would entitle the developer to
develop within that zoning requirement since conditions cannot
be attached to a zone change.
B. Mr. John Stacey, 5626 Gracewood Avenue, asked for an explanation
orResidential Planned Development. Planning Director Dragicevich
briefly explained that with RPD zoning, regulations are flexible
with respect to development requirements while ensuring compliance
with existing developments in surrounding areas, and the steps
involved in an RPD application.
C. Mrs. Linda Hargett, 10059'Randwick, questioned the legal
technicality as the basis for denial of zone change. Planning
Director Dragicevich explained that the development does not
meet the intent of the General Plan; that recently enacted
Section 65860 of the Government Code requires that land uses
be compatible with the objectives, policies, general land uses
and programs specified in the General Plan.
D. Mr. Richard Lucas, 5301 Zadell Avenue, stated that his objection
to the proposed zone change on Baldwin Avenue was because, in
his opinion, it was a poor plan and he feels the land use should
be R -4, neither R -1 nor R -3.
E. Mr: Harold Fisher, 5324 Zadell, inquired as to the reason curbs
had not been installed on Olive Street west of Zadell. City
Manager Koski advised Mr. Fisher the development of the property
which had been denied earlier would have included the construction
of curbs and /or sidewalks in the area in question, however,
another way would have to be found to complete the project.
F. Mrs. Penny Graham, President, Temple City Chamber of Commerce,
presented each Councilman with a copy of the new Business,
Professional and Industrial Guide which was compiled with the
help of the Woman's Club of Temple City.
G. Jerry Jambazian, Membership Chairman, Chamber of Commerce,
displayed the Chamber's new membership plaque and presented
one to Mayor Tyrell.
18. MATTERS FROM CITY OFFICIALS:
A. Councilman Gilbertson moved to approve membership fee to the
League of California Cities in the amount of $2,318., seconded
by Councilman Dennis and carried, following discussion con-
cerning services rendered.
B. Councilman Merritt moved to adopt Resolution No. 74 -1332
entitled A RESOLUTION OF THE CITY OF TEMPLE CITY URGING THE
CALIFORNIA COASTAL ZONE COMMISSI0N TO RESCIND ITS DECISION
TO DENY EXPANSION OF THE SAN ONOFRE NUCLEAR GENERATING PLANT
AND TO GRANT IMMEDIATE APPROVAL FOR FURTHER DEVELOPMENT OF
THIS GENERATING STATION, seconded by Councilman Gilbertson
and carried.
Council Minutes, February. 5, 1974 - Page 6
C. Councilman Dennis moved to::,adopt Resolution No. 74 -1333
entitled A RESOLUTION OF THE:=CITY-COUNCIL -OF THE CITY OF
TEMPLE CITY SUPPORTING 'ASSEMBLY-BILL 594 OF THE CALIFORNIA
LEGISLATURE FOR THE 1973 -74 REGULAR SESSION AND ANY OTHER
SIMILAR LEGISLATION RELATING TO BEVERAGE CONTAINERS, seconded
by Councilman Greenberg and-carried.
D. Pending Air Pollution Control District Emergency Regulations:
City Manager Koski presented background information, stating
that, under the United States Environmental Protection Agency,
the Air Resources Board has required that the Los Angeles County
Air Pollution Control District comply with the regulation to
develop Pollution Episode Plan and has submitted a proposed
draft of emergency guidelines and regulations that are to be
discussed at a public hearing in February, with feedback
requested prior to February 6, 1974.
Councilman Greenberg moved to direct staff to prepare a
communication to the County Board of Supervisors to be signed
by Mayor Tyrell, opposing the pending regulations, to include
comments pursuant to memo dated February 1, 1974, seconded by
Councilman Dennis ° and carried.
E. Parks and RecreationCommissioners' Attendance to 1974 California
Park and Recreation Society Conference
City Manager Koski advised that.. three Commissioners and two
staff members had requested approval to attend the California
Park and Recreation Society Conference to be held in Los
Angeles, February 16 -19, 1974, expenses involved to cover
registration and meals in an amount not to exceed $75 each.
Councilman Gilbertson moved to approve attendance of Commissioners
Adams, Seibert and Villar, Director of Parks and Recreation
Kobett, and Recreation Supervisor Reitzel to the 1974 California
Park and Recreation Society Conference, seconded by Councilman
Merritt and carried.
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F. Street Improvements: Curb, Gutter and Drive Approaches -
Longden Avenue, et al
City Manager Koski presented background information, advising
that portions of the project known as Longden Avenue, et al,
are a carry over from the 1972 -73 fiscal year, plus curb,
gutter and sidewalk projects approved earlier this year, and
also street reconstruction of Longden from Rosemead to Loma.
If the project is approved, contract can be awarded as early
as March 5, with work to begin 15 days thereafter, taking an
estimated 70 working days to complete.
Councilman Gilbertson moved to approve plans and specifications
on the contract known as Longden Avenue, et al, approve the
negative declaration, reallocate $12,450 not used during
fiscal year 1972 -73 and adjust the current budget accordingly,
appropriate additional funds in the amount of $13,163.10 from
the Gas Tax Fund and amend the Adopted Budget accordingly,
and instruct the Superintendent of Streets to advertise for
and receive bids, seconded by Councilman Dennis and carried.
RECESS TO MEET AS CRA..
On motion of Councilman Dennis, seconded by Councilman Gilbertson and
carried, Council recessed at 9:20 p.m. to meet as the Community
Redevelopment Agency.
Council 'convened as the Community Redevelopment Agency, all members being
present and received a report concerning the Disposition and Development
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Council Minutes, February 5; 1974 - Page 7
Agreement from Executive Director Koski. Mr. Koski advised he had met
with Eugene Jacob to discuss time schedule for the D & D Agreement,
project costs and to review the cash flow analysis. Kresge Company has
verbally approved lease agreement with EGSMetro Development. The soils
tests will begin Monday,. February 11, 1974; it is expected the D & D
Agreement will be accomplished and presented to the agency at their
meeting of February 19, 1974 to set public hearing in March.
Mr. Merritt moved to adjourn, seconded by Mr. Dennis and carried.
RECONVENE AS CITY COUNCIL
Council reconvened at 9:25 p.m., all Councilmen present.
G. Councilman Merritt inquired as to the progress of demolition
of building in the 5800 block of Oak Avenue. Planning Assistant
Burnham advised he and Director Dragicevich had met with staff
of Building Department; the matter is set for determination of
a public nuisance by Planning Commission, February 12, 1974.
H. Mayor Tyrell called Council's attention to a Newsletter from
Robert W. Battin, Orange County Supervisor, in which he advises
he is considering sponsoring an ordinance which would severely
limit smoking in public buildings, following the lead of
Sacramento County which adopted such an ordinance.
Mayor Tyrell called Council's attention to letter received
from Ministerial Association enclosing letter to its membership
suggesting that they encourage boards of their respective
congregation to attend meetings of the City Council and Board
of Education.
Mayor Tyrell reminded Council of some upcoming events, including
Camellia Ball February 9; Temple City Emergency Reserve
February 14, California Contract Cities Association meeting
February 20, Camellia Parade February 23, and dinner for
Supervisor Schabarum, coordinated by Temple City and Rosemead,
March 6, 1974.
I. Council discussed the recent problems related to the operation
of traffic signals and their maintenance, and the possibility
of termination of contract with Traffic Signal Maintenance.
Traffic Engineer Envall advised he would personally coordinate
the maintenance and. some= possible changes in procedures. Mr.
Bill Sondergard, .'Traffic "Signal Maintenance, advised he felt
there was a problem with the interconnect system which has been
resolved; the problem now seems one of communication and requested
permission to attend a Sheriff's personnel breakfast to meet with
the deputies. It was the consensus of the Council to hold the
matter in abeyance for one month during which time Mr. Sondergard
was advised he would be welcome to attend a Sheriff's breakfast
meeting.
J. Mayor Tyrell requested staff to respond to letter received from
Temple City Youth Center, Inca concerning a joint venture
between the City, Temple City Unified School District and
themselves, to provide additional bleachers at the High School
football field, advising the City Attorney's opinion that the
City would not be able to participate unless the expenditure
of public funds would be supported by a general public need.
K. Mayor Tyrell directed staff to contact the California Council
on Criminal Justice for a copy of the grant application for the
West San Gabriel Valley Juvenile Diversion Project to be
discussed at study session, February 13, 1974.
Council Minutes, February 5, 1974 - Page 8
19. ADJOURNMENT:
On Motion of Councilman Merritt, seconded by Councilman
Greenberg, the meeting was adjourned at 9:50 p.m. to an
Adjourned Meeting to be held Wednesday, February 13, 1974,
7:30 p.m. in the North Meeting room .. of the City Hall. Next
regular meeting of the City Council will be held Tuesday,
February 19, 1974, 7:30 p.m. in the Council Chamber of the
City Hall.
ATTEST:
44,MA.(61
Chief Deputy City Clerk
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