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HomeMy Public PortalAboutCity Council_Minutes_1974-05-21_Regular 1974CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 21, 1974 INITIATION: 1. Mayor Dennis called the regular meeting of the City Council to order at 7:31 p.m. on Tuesday, May 21, 1974, in the Council Chamber of the City Hall. 1112 . The invocation was given by Reverend Mortimer Dean, First United Methodist Church, 5957 N. Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen- Gilbertson, Greenberg, Merritt, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Assistant to the City Manager Biel, Director of Parks and Recreation Kobett, Public Works Coordinator Leonetti 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of the City Council held May 7, 1974, as written, seconded by Council- man Greenberg and carried unanimously. UNFINISHED BUSINESS: 1 6. PUBLIC HEARING: 7:30 p.m. RESIDENTIAL PLANNED' DEVELOPMENT CASE 74 -415 AND TENTATIVE TRACT MAP 32040 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held April 23, 1974, held public hearing and passed Resolutions No. 74 -555PC and 74 -556PC recommending to the City Council that the Provisional Plan, RPD Case No. 74 -415 and Tentative Tract Map 32040 be approved, and certified the Environmental Impact Report-as-prepared and submitted by staff. The subject property is generally located on-Baldwin Avenue, east side of Baldwin, between Olive and Green Streets, currently zoned R -1; the development would consist of 79 units being 12.8 units per acre which conforms to the General Plan; the City Council at their regular meeting held May 7, 1974 set public hearing for May 21, 1974. Planning Director Dragicevich presented staff report, stating two separate actions were before the City - Council at this time; a change of zone from single family residential to RPD; Residential Planned Development, and secondly, Tentative Tract Map 32040. The Planning Commission recommends zone change be approved basically for two reasons; 1) the size and shape of the property are adequate for RPD, and 2) development is compatible with changed conditions of the area and in accordance with the General Plan. The property presently consists of 11 dwelling units which would be removed except for one residence on Green Street. With the assistance of Mr. Burnham, Assistant Planner, the Director explained plot plans marked Exhibit A, Exhibit A -1 and Exhibit B. The size-of the units range from 1240 sq. ft, to 1448 sq. ft; two units are planned as two -story structures, 2 covered parking spaces per unit totalling 158 covered parking spaces with 26 open parking spaces; a pool and recreation building are pr oposed; two entrances and exits are provided off Baldwin Avenue, none on Zadell or Olive; two cul -de -sacs as shown on Exhibit A -1 are 28' to 34' wide, with 64' diameter; open space is slightly over 1000 sq. ft. per unit; the perimeter wall will be 6' high masonry. The Fire Department has recommended four off -site fire hydrants, two of which will be located on Baldwin Avenue, one on Green, one on Zadell, and an existing hydrant on the northeast corner of Baldwin and Green Avenues will be upgraded. Also proposed are two on -site fire hydrants as shown on Exhibit A -1. 1 1 1 Council Minutes, May 21, 1974 - Page 2 Director Dragicevich-further stated that Tentative Tract Map 32040 is filed concurrently with the request for change of zone. The Planning Commission recounnends approval and has incorporated 36 conditions as a part of that approval as stated in Resolution No. 74- 556PC. Referring to the Environmental Impact Report, Mr. Dragicevich stated the-project would have 'a substantial adverse environmental impact due to increase in traffic, noise level, safety and air pollution, as well as demand for municipal services and utilities. • Mayor Dennis declared the public hearing •open . • Councilman Gilbertson moved-to•makethe Planning Commission minutes a part-of-the-record-,• -seconded-by -Councilman Greenberg and carried unanimously. Mr. James Baldwin, 16811` Hale` Avenue, Irvine, stated the present plan is 1 units less than their previous application, ' all access is provided off Baldwin Avenue, the basic architecture design has been changed with units fronting on landscaped gardens. Mr'. Baldwin advised he would like to negotiate with regard to Item 8, driveway aprons; Item 9, sidewalk on Zadell; Item 21, driveway widths, and Item 24, property line return radius at the corner of Green and Baldwin Avenues, as listed in Resolution No. 74- 556PC. There were no other persons to speak in favor of the development. In opposition: Mr. Robert Fiedler, 10063 Olive Street, stated his opposition to the development on the basis of the high density and his concern it would seta precedence for this type of development He presented two petitions; one with 259 signatures opposing the"` condominiums; the other, with 298° signatures' opposing the RPD Ordinance, which in his opinion was spot zoning. Mrs. Veronica Taft, 5326 N. Farago, stated that-in her opinion, publishing. notices of public hearings ` `in the 'Temple City Times does not reach the residents of the City. Mr. Jones, 5226 Willmonte; stated the majority- of residents in the affected area-are opposed to the-project. Mr. Robert Gannon, 5351 Zadell, stated his, opposition to the RPD Ordinance' and-to the number of units being-proposed. Mrs.- Carol ' Vasquez, 5231 N. Baldwin-, -objected to the proposed wall and her concern that °a precedent for this type of 'development would be set. Mr. Richard Lucas, 5301 Zadell, stated his opposition to the proposed condominiums for three reasons; 1) high density; 2) there are 115 un- developed acres in Temple City presently zoned for this type of develop- ment; and 3) in his opinion the plan is a bad one. Mrs "Robert-Fiedler, 10063 Olive Street,- stated that most people are not aware of. what RPD zoning is and feels the City has not adequately informed the residents. Mrs: - Lupe' Martinez, 531.8 Zadell, -stated her` obj ection to the planned development. Mr. Wye Hargett, 10059 Randwick, stated he had lost faith in local government and has-sold his house. Mrs. Carol-Jones, 5226 Willmonte, statedshe had received a notice concerning t e development which was proposed prior to the present proposal but had never received a notice regarding the RPD Ordinance. City Manager Koski explained the requirements concerning notices of public hearing. Council Minutes, May 21, 1974 - Page 3 Mr.. John- Stacey ;•5310 Baldwin, stated his opposition to spot zoning, particularly in view of the fact that'there' is•p'lenty of R -3 property not yet developed. Mr. Clayton D. Plank, 5330 Zadell Street, voiced opposition to the plan. Mrs. Robert Gannon, 5351 Zadell, called Council's attention to Planning Commissioner B'r'eazeal`s 'statement in the Planning Commission minutes of December. 11, 1973 that granting the request for 'condominiums would be setting ° a precedent. Mrs'. ' Gloria Lucas; '5301 Zadell, voiced her opposition to the condominium proposed. Mr. John Hackney, 5210 :Willmonte, opposed the proposed change of zone on the grounds that he sees no reason to change from R -1. Mr. ° John H. McKim, 5125 Baldwin, spoke in favor of the project, stating that many people had spoken for the plan in the past, and not everyone is opposed. In his opinion, many people think of Temple City as being strictly R -1, which is not the case at all. There are many lots that have two or three residences. Mr. McKim felt some consideration should be given the property' owner who is not able to use his land, stating this type of housing is °a way of things to'come and we should be looking forward. In rebuttal, Mr.-Baldwin stated the res'ident's' concern for high density is without basis, and using a formula that estimates 3.8 persons live in single family dwellings while 1.7 live in condominiums, maintained the density would not increase by zoning for condominiums rather than developing the -' property as R -1. Mayor Dennis declared a recess at 9:23 p.m. Council reconvened at 9:33 p.m. Councilman Merritt moved to close the publi'c' hearing, seconded by Councilman Greenberg and carried. Councilman Merritt moved to certify that the Environmental Impact Report has been prepared in accordance`' with 'State Law and the City Council considered' it in arriving at their de'c'ision, and approve the Environmental 'Impact Report, 'seconded by Counc'i'lman Greenberg and carried unanimously. City Attorney Martin advised there are three considerations before the C'ounci'l 1) consideration of the Environmental 'Impact' Report which has been approved; '-° 2) recommendation from the Planning Commission to rezone from g =1 to RPD; and '3) 'tentative' 'tract map. .. Council may wish to continue the matter for further consideration, ` deny the application, `or 'instruct the City Attorney °' to prepare "an-appropriate ordinance to be considered " at the next regular. meeting. Councilman. Merritt 's'tated that the General 'Plan designates a portion of Baldwin Avenue from Olive to Lower Azusa Read for a density which allows 7 -15 units per acre, a higher density than that which is pro- . pose In-his opinion this type of development could' mean potentially less _ density-than-that ` allowed under the General Plan, and less potential for "`crowding .'schools, using' the condominiums- on Temple City Boulevard as ' an example, 'where . there' are two college s'tuden'ts and two high school students in 44 units. Councilman Greenberg stated the proposal is consistent with the General Plan, and that under R -1 zoning, homes could be built to a height of 35 feet, 10 feet higher than proposed. Councilman Gilbertson stated that the City Council showed concern for the residents in turning down the zone change request to R -3; the proposal is consistent with the''General' Plan; he would strongly dis- Council Minutes., May '21', °' 197.4 - Page 4 agree that the "concept proposed ° :s the - same-plan previously submitted; and that the controls on RPD' development is -a - favorable' .aspect.... Counci.lman.. Tyrell stated that no other: development • `plan; either single family ,or "multiple "units, has been- proposed in the past years and there is no assurance 'anyone-would : want "to develop- single- family residences in the "area. With condominiums- developed', the-'property : will be up- graded and professional maintenance 'will- keep-the °landscaping uniform. Mayor Dennis - `stated the proposed development is consistent with the General Plan, the General Plan having been developed many years ago after a number of public hearings; and the RPD Ordinance was also adopted following many meetings held by the Planning Commission and City Council. Councilman Merritt' `moved to approve the plan as presented and instruct the -City Attorney to- prepare- an app -opriate ordinance consistent with the General Plan;- seconded by Councilman- Greenberg and carried unanimously. City" Attorney'Martin :•recommended:. the °Tentative Tract -Map 32040 be held over-' pending-a-doption r of the ordinance rezoning the property as approved-, -with the -consent ` ° "o of 'the - developer. Councilman} Gilbertson moved- to- continue Tentative Tract Map 32040 for further consideration, seconded by Councilman Merritt and carried unanimously. 7. CALIFORNIA PET SHOP -' 9566 E. 'LAS -TUNAS -DRIVE R&:-.COMPLAINT- PETITION City °Manager : Koski presented background -information, .stating the City Council, at their regular °meeting held April 16, 1974, received complaint - petition- concerning the operations of the California Pet Shop - and -after -receiving conflicting' testimony; .continued the matter to. May 21; :1974: Staff has. °made periodic- inspection and has not found ° conditions "that` would-support 'the- allegations; the San Gabriel Valley Humane Society and the Los Angeles County Health - Department have continued surveillance- of -the "premises: and their reports indicate that there is no problem, Mrs. Ter r McFall; owner- of ''California Pet Shop , in. answer to questions by °Counci stated she °has- operated-the- California Pet Shop for the past :. four 'years.;- that she disposes 'waste '° in accordance with instruction by the Los Angeles`' County Health Department. Councilman. Merritt moved to.-receive and file- complaint petition in view of the fact that the-evidence- doe's not support the allegations, seconded by Councilman Gilbertson and -carried unanimously. 8. PUBLIC EMPLOYEES' RETIREMENT'` SYSTEM Ordinance Amending Contract between City of Temple City and PERS City Manager Koski presented background' - information', stating the City Council, 'at- "theit_ regular_ meeting- held May "7 , 1974 adopted Resolution No;74- 1358, a Resolution of Intention. to approve an amend - ment to contract between the Board-of Administration of the Public Employees'. Retirement. System and the City of Temple City; the Public Employees' 'Retirement System has now returned the agreements for execution together with sample ordinance for adoption- authorizing execution of the amended agreement. Councilman Gilbertson moved to authorize the Mayor and City Clerk to execute the amended agreement and introduce Ordinance No . 74 -385 for first reading, seconded by Councilman Greenberg and carried unanimously. 1 Council Minutes, May 21, 1974 - Page 5 9. EMERGENCY GENERATOR EQUIPMENT - Request to Advertise and Receive Bids City Manager Koski presented background information, stating that City Council, at their regular meeting held February 19, 1974, authorized staff to proceed in developing plans and specifications for the purchase of an emergency generator for the City Hall, as well as requesting further exploration of alternative sites which might be available for placement of the generator. Staff has nego- tiated with the County of Los Angeles Fire Department to place the generator immediately adjacent to City Hall on Fire Department pro- perty, agreement for permission pending. Councilman Tyrell moved to authorize staff to advertise and receive bids for the purchase of the generator as per specifications-pre- sented, seconded by Councilman Gilbertson and carried unanimously. NEW BUSINESS 10. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of May 14, 1974 PROPOSED AMENDMENTS TO GENERAL PLAN City Manager Koski presented background information,- stating the Planning Commission, at their meeting held May 14, 1974, recommended amendments to the General Plan pursuant to Section 65860 of the Gov- ernment Code proposing a fourth residential category, High Density; amending density ranges in existing categories; changes from Low Medium Density Residential to Commercial in the area fronting on Lower Azusa Road between Arden Drive and the eastern city boundary. Councilman Tyrell moved to set Public Hearing to consider Planning Commission recommendations June 18, 1974, 7:30 p.m., seconded by Councilman Greenberg and carried unanimously. 11. TRAFFIC COMMISSION RECOMMENDATION - Meeting of May 1, 1974 U Turn Legislation - Proposed Intersections City Manager Koski presented background information, stating the Traffic Commission reviewed all signalized intersections in the city pursuant to Section 21451a of the California Vehicle Code, which will be changed, effective July 1, 1974, to allow traffic to make a semicircular or U turn except where such a turn is prohibited by signs erected at location. The Traffic Commission recommends that 15 of the 33 signalized intersections within city limits be posted with "No U Turn" signs if problems arise at these intersec- tions. after July 1, 1974. Lt. Dick Wallace, Los Angeles County Sheriff's Department, addressed the Council, stating the motoring public would gener -ally make an in- ference that a U Turn is permissible at intersections lacking the posted "No U Turn" signs. Following brief discussion, Council received and filed report, stating they will consider the matter further `after the change in the California Vehicle Code becomes effective and Council has had some feedback from the Sheriff's Department. 12. STREET IMPROVEMENTS: NADINE STREET, BOTH SIDES, TEMPLE CITY BLVD. TO 600' WEST OF TEMPLE CITY BLVD. (Curb, Gutter, and Driveway Approaches, p rsuant to Chapter 27, Streets and Highways Code) City Manager Koski ,presented background information, stating property owners on Nadine Street, Temple City Boulevard west 600' have sub- mitted a petition for the installation of curbs, gutters, and drive- way approaches pursuant;to Chapter 27, Streets and Highways Code; presently 51% of the north side and 44% of the south side of the 1 1 Council Minutes, May 21, 1974 - Page 6 street are improved with curbs, gutter and driveway approaches; of the total block, 71% of the owners on the north side and 77% of the owners on the south side have signed the petition; allocations for survey, design, staking, inspection and the city's share of construc- tion have been included in the FY 74 -75 budget. Councilman Gilbertson-'moved to set Public Hearing June 4, 1974 to consider the improvements and instruct the Superintendent of Streets to notify the affected property owners, seconded by Councilman Tyrell and carried unanimously. 13. AGREEMENT: COMMUNITY RECREATION PROGRAM WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT City Manager Koski advised that the agreement for community recreation program.; between the City of Temple City and the Temple City Unified School District expires June 30, 1974, and that it was recommended for renewal without change. Councilman Merritt moved to approve renewal without change, seconded by Councilman Tyrell and carried unanimously. 14. REQUEST FOR BUDGET ADJUSTMENT - OVERTIME COMPENSATION PURSUANT TO FAIR LABOR STANDARDS ACT City Manager Koski presented background information, stating the Fair Labor Standards Act of 1974 became effective May 1, 1974 pro- viding for both minimum wage and compensation for overtime above 40 hours; that pursuant to Section 2363 of the Municipal Code, City policy has been to compensate for overtime work by taking compensa- tory time off at time and one -half, which has been invalidated by the Fair Labor Standards Act; that staff estimates for the month of May and June paid compensation will be $273. Councilman Gilbertson moved to appropriate additional funds in the amount of $273 to provide for paid overtime for May and June to com- ply with the Fair Labor Standards Act of 1974, and amend the adopted budget accordingly, seconded by Councilman Tyrell and carried unan- imously. 15. RESOLUTION NO. 74 -1362: WARRANTS & DEMANDS, Demand Nos. 9993 through 10080 in the amount of $47,338.66. Councilman Merritt moved to adopt Resolution No. 74 -1362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $47,338.66, DEMAND NOS. 9993 THRU 10080, sec- onded by Councilman Gilbertson and carried unanimously. 16. APPEAL FROM PLANNING COMMISSION DENIAL ZONE CHANGE CASE 74 -414, BROADWAY TO OLIVE, EAST SIDE OF TEMPLE CITY BOULEVARD City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held May 14, 1974, held public hearing on Zone Change Case No, 74 -414 and denied a re- quest to change the zone from R -1 to R -2 because the proposed zone change is not in the public interest and not compatible with the General Plan of the City. Applicant has filed an appeal relating to Planning Commission Resolution 74 -558PC denying zone change. Councilman Tyrell moved to set Public Hearing June 4, 1974, sec- onded by Councilman Merritt and carried unanimously. 1 Council Minutes, May 21, 1974 - Page 7 17. COMMUNICATIONS: A. Temple City Chamber-of Commerce _ Request-to conduct bicycle races during 1st Annual. All Community Picnic A communication from the Temple :' City- Chamber of Commerce requesting permission to restrict-traffic . on certain - streets ' in the proximity of Live Oak Park for the purpose of conducting' a series of five bicycle races to be held` early 'Sunday afternoon, June" 2, as a part of their lst Annual-Community Picnic. Mr. Joe Startin, Chamber of Commerce Chairman of Special Division, advised that the Chamber of Commerce' will notify residents on the affected streets; barricades will be placed around three sides of the Park one side of the street for - parking; responsible members of Kiwaniis and 'Lions Club will provide traffic control. Deputy Ken Briscoe, Temple City Sheriff's Station, stated he is advisor. to Explorer Post-sponsored by the Temple City Sheriff's Station and feels they-could provide adequate traffic control. Councilman Gilbertson moved to approve re'ques't of the Chamber of Commerce subject to adequate insurance naming the City as additionally insured, notifying the residents on the east side of Ryland, between Bogue and 'Daines of the restricted -parking and the activity that will be conducted-on the public' street in front of their residence, and the provision of adequate traffic control;- seconded by Councilman Merritt and - carried unanimously Staff was instructed to coordinate a safety program with the assistance of Traffic Sergeant and Traffic Engineer. B. Southern 'California Rapid Transit District' Notice of Public Hearing on Proposed Rapid Transit Plan City Council re'ce'ived and filed communication -from Southern California Rapid 'Trans'it District advising' a- public 'hearing' on a proposed mass rapid transit plan will be held June 6,'` 1974, 9:30 a.m. in the Occidental Auditorium, Los Angeles. 18. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Lt.:.. Dick' Wallace', Temp -le City Sheriff's Station, advised City Council that special checks with. regard to 'alleged problems at the Ivanhoe Bar, 9669 E. Las Tunas Drive, continue to be made; each time the results have been no "problem related to the management of the Ivanhoe ' Bar; that the Ivanhoe management' is seriously thinking of filing an injunction-against the chief -complainants to prevent further 'harr'assment . Deputy 'Ken Briscoe,' Temple City Sheri'ff's' Station, advised the Temple City 'Deputies will be holding a Ne'ighb'orhood Car Program with the Temple City Senior Citizens Tuesday, May '28, 1974. Penny Graham :, President; Temple City Chamber of Commerce, expressed appreciation for the cooperation the City has given with regard to the lst Annual All Community Picnic and advised results of the Chamber Board election: Jerry Jambazian,'President; Harlos Gross, lst Vice ' President;' Ellois'e Konrad, 2nd 'Vice' President; and Robert Owens, Treasurer. 1 RECESS TO CRA: The City Council "recessed .at 11:0.7 'p';tn »to meet as: .the Community Redevelop- ment Agency. Council Minutes, May 21, 1974 - Page 8 Council convened as the Community Redevelopment Agency, approved the minutes of the regular meeting held May 7, 1974, and approved agree- ment with Port and Flor, Inc., relocation services consultants. In answer to question from Dr. Carmichael re: settlement following ap- praisers reports and whether the property owners would receive the reports, Executive Director Koski advised that the property owner will be given a summary of the appraisal, the City will enter into negotiations with the property owner and the properties should go into escrow approximately August 20, 1974. Mr. Gilbertson moved to adjourn to the next meeting of the Community Redevelopment Agency to be held Tuesday, June 4, 1974, seconded by Mr. Merritt and carried. Meeting adjourned at 11:22 p.m. RECONVENE AS CITY COUNCIL: 19. MATTERS FROM CITY OFFICIALS: A. Summer Recreation Program - 1974 City Manager Koski requested authorization to begin recruitment for necessary personnel to conduct the summer recreation program, based on the Department's need to recruit competent part time staff. Coun- cilman Tyrell moved to approve and authorize staff to proceed with recruitment of personnel subject to adoption of FY 74 -75 budget, sec- onded by Councilman Merritt and carried unanimously. B. City Council received and filed communication from the Parks and Recreation Commission re: La Rosa Playground Human Relations Commit- tee's presentation for creation of a minipark on the grounds of La Rosa School. C. Councilman Gilbertson moved to adopt Resolution No.. 74 -1363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING TIME EXTENSIONS FOR THE GENERAL PLAN SEISMIC, SAFETY AND NOISE ELE- MENTS FROM THE STATE OF CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELA- TIONS, seconded by Councilman Merritt and carried unanimously. D. Councilman Gilbertson moved to authorize expenditure of $3,307 as a good faith deposit and authorize staff to complete negotiations for the purchase of excess right -of -way at Eaton Wash to be included as a part of the CRA Project and amend the adopted budget accordingly, seconded by Councilman Merritt. E. Councilman Merritt moved to approve payment of retainer based on one -tenth of one percent of the 1973 -74 budget for Los Angeles County Sheriff's contract services as City's share in Cause of Action, City of Los Angeles vs County of Los Angeles, et al, appropriate the neces- sary funds and amend the adopted budget accordingly, seconded by Coun- cilman Gilbertson and-carried unanimously. F. Councilman Tyrell introduced and moved to adopt Resolution No. 74 -1364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY COMMENDING THE LOS'ANGELES CITY POLICE DEPARTMENT FOR ITS ACHIEVE- MENT IN CONNECTION WITH THE "SLA" INCIDENT ON MAY 24, 1974, seconded by Councilman Gilbertson and carried unanimously. G. Councilman Merritt requested City Attorney draft a resolution censuring the news media for interference with the activities and operation of public safety personnel in their efforts to protect the health, welfare and safety of the general public, for City Council consideration, H. Mayor Dennis called Council's attention to a City Selection Committee meeting at which time a new member will be elected to the 1 1 1 Council Minutes, May 21, 1974 - Page 9 Local Agency Formation Commission. It was Council's consensus that Peter Fogarty of the City of Norwalk be supported. 20. ADJOURNMENT: On motion by Councilman-Tyrell, seconded by Councilman Gilbertson, the meeting was adjourned at 11:40 p.m. Next regular meeting of the City Council will be held Tuesday, June 4, 1974, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: MA C ief Deputy City Clerk