HomeMy Public PortalAboutCity Council_Minutes_1974-06-04_Regular 19741
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 4, 1974
INITIATION:
1. Mayor Dennis called the regular meeting of the City Council to order
at 7:33 p.m. on Tuesday, June 4, 1974, in the Council Chamber of the
City Hall.
2. The invocation was given by Councilman Louis T. Gilbertson.
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 Gilbertson moved to approve the minutes of the regular
meeting of the City Council held May 21, 1974, as written, seconded
by Councilman Greenberg and carried unanimously.
UNFINISHED
/BUSINESS:
6. ORDINANCE NO. 74 -386: 1st read. CHANGING THE ZONE OF CERTAIN PROPERTIES
FROM R -1 TO RPD (BALDWIN) - ZONE CHANGE CASE NO. 74 -415
Mayor ‘Dennis called Council's attention to a petition requesting a
moratorium be placed on Ordinance No. 74 -386 changing zone of property
from R -1 to RPD (Baldwin) for a period of not less than 119 days nor
more than 365 days, with 64 signatures, representing 35 properties in
proximity to the proposed change of zone.
Mr. Dick Lucas, 5301 Zadell Avenue, spoke to the matter, stating his
neighbors are asking for the moratorium in order to come up with an
alternative plan which they feel would be to the best interest of the
City of Temple City.
Mr. Noel Baldwin, 5302 Baldwin Avenue, stated that the Baldwin Company
has been working` over six months: to bring an acceptable development
to that area; that looking at past records the people in that area
have been against' development regardless of the plan; and asked that
the moratorium-be denied.
Councilman Gilbertson stated that the Planning Commission and the
City Council have unanimously concurred the proposed development
meets the General Plan of the City; no one has shown evidence there
are other economically feasible alternatives; the R -2 proposal by
residents opposed to the condominium development was not good long
range planning; and the fact that there are other R -3 properties in
Temple City which are undeveloped is not germaine to the issue.
Councilman Gilbertson was not in favor of delaying a decision.
Councilman Greenberg stated there is no new evidence presented that
would cause him to change his -mind; the development is consistent with
the General Plan; Council turned down two previous alternatives and
he feels this plan is a good one.
Councilman Merritt stated the City is limited by State mandate to the
number of changes which may be made-in the General Plan; that delay
Council Minutes-, June 4, 1974- Page 2
would be costly because of the ever increasing cost in construction
and prime interest rates; that the Council has made its decision
and he thinks that decision-- should stand.
Councilman Tyrell stated that-many of the signatures on the petition
were by residents living-outside the 300 foot radius and he finds it
difficult to see how. they would be directly concerned; that the
Council's decision was made on a factual basis following many hours
of hearings and he sees no reason to overrule that decision.
Mayor Dennis stated the Planning Commission and City Council had taken
the General Plan into consideration in making their decision; that the
General Plan for that area is a reasonable approach; and to review the
General Plan would not lead to any decision other than the one already
made.
Councilman Greenberg moved to deny the petition for moratorium,
seconded by Councilman Tyrell and carried unanimously.
City Attorney Martin presented Ordinance No. 74-386 AN ORDINANCE OF
THE CITY OF TEMPLE CITY-CHANGING THE ZONE OF- CERTAIN PROPERTIES FROM
R -1 TO RPD (BALDWIN) ""by title only. Councilman Gilbertson moved to
waive further reading, seconded by Councilman Tyrell and carried
unanimously.
7. TENTATIVE TRACT MAP 32040
City .Manager Koski presented background information, stating the City
Council, at their regular* meeting" held May 21, 1974, certified the
Environmental Impact Report pertaining to the RPD Case No. 74 -415 and
Tentative Tract Map 32040, approved the change of zone from R -1 to
RPD, first reading of Ordinance No. 74 -386 having been completed, and
held over Tentative Tract Map pending revision of certain Planning
Commission recouuaendations, being Items 8, 9, 21. and 24 of Resolution
No. 74- 556PC.
City Council discussed the proposed modifications of Resolution
No. 74-556PC as follows 8) That the two entrances to the subject
property shall be constructed as a standard street intersection with
concrete cross gutters as required by the City; 9) That a 6 ft. wide
sidewalk on-Baldwin Avenue and a 5 ft. wide sidewalk on Green Street,
adjacent to curb,-shall be constructed; that curb, gutter, pavement
and sidewalk shall be provided along Olive Street, and a 5 ft. sidewalk
constructed-on the west side of Zadell Avenue in accordance with City
standards; 21) That adequate driveway width (28-36 ft. in width) shall
be provided throughout the proposed development; and 24) That the
corner cut -off at the `northeast ° "corner of Baldwin and Green shall be
constructed in accordance with City standards.
Mr. Noel. Baldwin; 5302 Baldwin Avenue, requested reconsideration of
Item #9 with regard' to sidewalk, curb and gutter along Olive Street,
and Item #31 with regard to fire hydrant on Zadell.
City Attorney Martin reworded Item #3 for clarification to read "That
the remainder of Lots 8, 9, 12,'13Wand 14, Tract No. 10558, shown
on Exhibit "A -1" as Lots 2, 3, 4, 5, and 6, that are being divided
off by this subdivision,` shall be included in a separate subdivision
covering the remainder to these lots, and shall be filed prior to
or concurrent with the condominium subdivision.
Councilman' Gilbertson moved to approve Tentative Tract Map 32040
subject to modifications of Resolution No. 74 -556PC as discussed, to
become effective at such time as Ordinance No. 74 -386 becomes
effective, seconded by Councilman Greenberg and carried unanimously.
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Council Minutes, June 4, 1974 - Page 3
8. PUBLIC HEARING: 7:30 p.m. MINOR LOT LINE ADJUSTMENT
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held April 23, 1974,
recommended to the City Council the addition of 'a new section to
the Zoning Code, relating to Minor Lot Line Adjustments, whereby
a property owner, wishing to acquire small increments of land from
his neighbor, may do so, following the same procedures applicable
to minor land subdivisions, except that the applicant would not be
required to prepare a °final map.
Mayor Dennis declared the public-hearing open. Planning Director
Dragicevich, by means of exhibits marked A, B, and C, presented
hypothetical instances where this type of zoning may be applied;
stating the minor lot line adjustment is proposed to eliminate
nonconformity in setback lines in order to build accessory
structures; requests would generally range between 100 -1,000 sq. ft
of area.
No one came forward to speak in favor of, nor in opposition to, the
proposed addition to the zoning code. Councilman Merritt moved to
close the public hearing, seconded by Councilman Gilbertson and
carried.
Councilman Gilbertson moved to approve the negative Environmental
Impact Report, seconded by Councilman Greenberg and carried.
Councilman Merritt moved to approve Planning Commission recommendation
to add new section to the Zoning Code relating to Minor Lot Line
Adjustments and instruct the City Attorney to prepare an appropriate
ordinance, seconded by Councilman Tyrell and carried unanimously.
9. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS: NADINE STREET, BOTH
SIDES, TEMPLE CITY BLVD. ' TO 600' WEST OF TEMPLE CITY BOULEVARD,
(Curb, Gutter and Driveway Approaches, pursuant to Chapter 27,
Streets and Highways Code)
City Manager Koski presented background information, stating the
City Council, at their regular meeting held May 21, 1974 set public
hearing on a petition for curb, gutter, and driveway approaches on
both sides of Nadine Street from Temple City Boulevard to 600' west,
pursuant to Chapter 27; Streets and Highways Code. Presently 51%
of the north side and 44% of the south side of the street are improved
with curbs, gutters and driveway approaches; of the unimproved portions,
41% of the north side and '60% of the south side have signed the
petition; a negative Environmental Impact Report has been prepared
and funding is proposed to be included in the proposed FY 74 -75 budget.
Mayor Dennis declared the public hearing open. Public Works Coordinator
Leonetti advised the street has a series of large trees causing dis-
ruptions in the pavement resulting in drainage problems; curbs and
gutters would improve the flow line with a minimum of tree removal.
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 Greenberg and carried.
Councilman Gilbertson moved to approve the negative declaration of
Environmental Impact Report, to find the project to be in the best
public' interest and instruct the Superintendent of Streets to cause
the work to be done during the fiscal year 1974 -75, seconded by
Councilman. Merritt and carried unanimously.
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Council- Minutes June 4, 1974 - Page 4
10. PUBLIC HEARING: 7:30 p.m.- APPEAL FROM PLANNING COMMISSION DENIAL
ZONE CHANGE CASE 74 -414 .__ "'TEMPLE CITY" BOULEVARD,- EAST SIDE, BROADWAY
TO OLIVE STREET
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
request to 'change the :zone from R-1 to R =2` °because the proposed
'zone °change- is not-in the public 'interest and is not compatible with
the 'General Plan of the' City.- The applicant filed an appeal and City
Council set public 'Nearing -to consider the appeal.
Mayor Dennis opened the public hearing. Planning Director Dragicevich
stated the original` request for change of zone was signed by 12
property' owners representing 4570 of all owners in subject area; staff
' determined ' a more professional, planning approach would be to include
other properties within the perimeter and presently 20 of the 25
property owners have indicated an interest in change of zone from
R -1 to R -2; size of the lots vary from 5,100 sq. ft. to 26,849 sq. ft.;
10 parcels currently contain 2 or more units making a total of 69
rather than 46 dwelling units which is not consistent with the land
use pattern' of the General Plan, exceeding 6 units per acre. I':
change of zone is approved by the City Council an amendment to the
General Plan will be necessary. Mr. Dragicevich further advised a
negative declaration of Environmental Impact Report has been filed.
Mrs. "Ervina Graham, 5430 Temple City -Boulevard, stated that 20 of the
26 property owners had signed' a request for zone change; that only one
person was- against R -2 zoning. Mrs. Graham felt that R -2 zoning would
be consistent with the land use.
City Attorney Martin advised 'that one of the reasons the Planning
Commission denied the application was that they found the request
inconsistent with the -General Plan as adopted. Council should consider
an 'amen.dment:`to the Gener'al Plan as they have no jurisdiction to rezone
as requested. His-recommendation : "would be to hold the zone change
request' in abeyance until 'a' change in the General Plan has been con-
sidered by the Planning Commission and— Planning- Commission recom-
mendation
ha's been made` to the City' Council.
Councilman Tyrell moved to 'continue the` Public Hearing to the regular
meeting to be held July 16, 1974 and refer 'the matter back to the
Planning Commission to "consider amendment to -the General Plan, seconded
by Councilman "Merritt and carried_ unanimously.
Mr. Ralph °Phillips, 5416 -Temple City Boulevard, was advised that his
written testimony would be °accepted at the continued hearing in view
of the fact that he would be out of town at that time.
11. ORDINANCE NO. 74-385: 2nd-read. AUTHORIZING' AMENDMENT TO THE CONTRACT
BETWEEN` -CITY OF TEMPLE' 'CITY AND THE 'BOARD OF ADMINISTRATION OF THE
CALIFORNIAN PUBLIC' EMPLOYEES'" RETIREMENT SYSTEM
City Attorney Martin presented Ordinance No. 74-385 entitled AN
ORDINANCE OF THE CITY OF 'TEMPLE CITY AUTHORIZING AN AMENDMENT TO THE
:CONTRACT BETWEEN THE 'CITY OF TEMPLE" CITY AND THE BOARD OF ADMINISTRATION
OF THE- CALIFORNIA' EMPLOYEES' RETIREMENT SYSTEM for second reading
by title only. Councilman Merritt moved to waive further reading and
adopt, seconded by'Counc lman TyrellW and :carried unanimously.
12. LA ROSA PLAYGROUND 'HUMAN RELATIONS COMMITTEE - Presentation
City Manager Koski` advised the City had received' a communication from
the La Rosa Playground Human `Relations Conlinittee .. requesting time on the
agenda fora presentation-, and a' :request to schedule a study session to
be attended by the City Council, School Board, Parks and Recreation
Commission and the La Rosa Playground Committee.
Council Minutes, June 4, 1974 - Page 5
Mr. George Hanft and Mrs. Lou 'Clarkson .made an "& minute slide .
presentation prepared by the La Rosa 'Playground-Committee.
Councilman`Tyrell stated he felt it was within the jurisdiction of
the school district to develop their land, particularly since the
public could not use the -area during school hours.
Councilman Greenberg stated the recreation program scheduled at the
La Rosa Playground mould—further restrict public use and the City
has made a major commitment to- develop Live Oak Park and he felt any
financing for park facilities will be used for the final development
of Live Oak` Park.
Councilman Merritt stated that the mini parks he has observed are
apart from school property and open to the public at all hours.
Mayor Dennis requested assistance_ from Councilman Greenberg to
represent the—City—Council, and Commissioner Seibert to represent
the Parks and Recreation Commission when the La Rosa Playground
Human Relations Committee has a study session with representatives
from the School District to formulate a specific recommendation for
the improvement of recreation facilities at La Rosa Playground.
NEW BUSINESS:
13. RENEWAL OF AGREEMENTS:
A: COMMUNITY RECREATION °BETWEEN COUNTY OF LOS ANGELES AND CITY
City Manager Koski advise'd that the agreement submitted by the County
for-the City of Temple 'City to conduct community recreation program
at Emperor School carried -an amount of_$2,487 to be paid by the County
of Los Angeles to the City upon demand, which 'amount reflects an
increase of $73 over the 1973-74 program.. He advised that the Director
of Re-creation had reviewed the proposed agreement and feels that an
adequate program can be offered. Councilman Tyrell moved to approve
and to 'authorize the Mayor and City Clerk to sign the agreement,
seconded by Councilman Gilbertson and carried.
B. L & L GARDENING SERVICES
City -Manager Koski-submitted a renewal agreement for the maintenance
of Baldwin Avenue center median strip from north city limits to
south-city-limits, and 'Santa : Anita center median strip from north
city-limits to south.- city 'limits in the amount of $355 per month.
Councilman - Tyrell moved to approve and to authorize the Mayor and
City Clerk to sign the agreement, seconded by Councilman Gilbertson
and carried.
14. PROPOSED CITY•BUDGET - FY 1974 -75
Councilman- Tyrell-moved to-receive the proposed city budget for
fiscal year-1974=-75 and.to set June 10, 13, and 17 as study sessions,
and June 18-, 1974 as public hearing, seconded by Councilman Gilbertson
and carried.
15. APPROVAL OF FIREWORKS PERMITS - Applications from 'local charitable
organizations to-sell fireworks.
City Manager Koski advis -ed" that pursuant to-Municipal Code Section
3100 et. seq. and City Council-policy for permits for fireworks
stands, applications have been received from 12 local charitable
organizations. ' All have-provided : necessary insurance; fees, and
deposits. Councilman Gilbertson moved to approve the applications
as submitted, seconded by Councilman Merritt and carried.
Council Minutes, -June 4,- 1974 - Page 6
16. RESOLUTION NO. 74-1365:- WARRANTS & DEMANDS, Demand Nos. 10081 thru
10100 and 101 thru 153 in the amount of $51,399.33.
City-Manager-Koski-presented Resolution -No; - 74-1365 entitled A
RESOLUTION-OF -THE-CITY-COUNCIL OF -THECITY OF 'TEMPLE CITY ALLOWING
CLAIMS AND-DEMANDS-IN THE -SUM-OF-$51-,399:3-3";-DEMAND- NOS. 10081 THRU
10100 AND 101 THRU'15-3T--Countilman"Merritt'moved- to approve,
seconded -by-Councilman-Greenberg and carried.
17. COMMUNICATIONS:
A. Southern California- Rapid Transit District -
Councilman Tyrell moved to 'receive and file communication from
Southern' California- Rapid Transit District noticing public hearing
June 6, 1974 on their proposed mass rapid 'transit plan, seconded
by Councilman Gilbertson and- carried,
18. TIME FOR THOSE-IN. THE',-AUDIENCE WHO- WISH TO SPEAK:
• 'Mr”:--Rithard,-.Lutas; 530I-Zadell-AVenue, .expressed his appreciation
to the-City-and the -Chamber of Commerce for the 1st -Annual Community
' -Picnic. held-at- Live-Oak-Park ,-Sunday; June -2 , 1974.
RECESS TO CRA
• The City Council recessed at 9:26 p.m. -to meet as the Community Redevelop-
ment Agency.
Council convened as the Community Redevelopment Agency, approved the minutes
of the regular -meeting-held May 21, 1974; received status report concerning
an amendment to the DDA executed by Coldwell Banker Fund, appraisal report
on the first 17 parcels, and topographic map of Parcel B. Agency continued
Iconsideration of-an amendment to the DDA executed by Coldwell Banker Fund
until the -regular meeting to be held Tuesday, June 18.
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Mrs. Ann Brinko, 8922 Wedgewood -Avenue, requested clarification as to when
•the properties would go into' escrow. - Executive Director Koski stated escrow
would start as 'soon as the- first negotiations are concluded which would
hopefully be some time in July; but no later than August 20.
Mr. Gilbertson moved to -adjourn to the next meeting of the Community
Redevelopment Agency' to be' held Tuesday, -June 18, 1974, seconded by Mr.
Merritt and carri ed. - Meeting adiourned at 9 : 35 p .m.
RECONVENE AS- CITY- COUNCIL:
19. MATTERS FROM- CITY- OFFICIALS:
A. Golden West Avenue--L Future' Development
Mayor Dennis advised that-pursuant to. his 'request, staff had prepared
a 'report-relative to the unimproved portion -of Golden West Avenue from
Hallwood-Drive south -to Lower Azusa Road. Council concurred that the
matter be referred-to the-Planning Commission and the Traffic Commission
to the circulation element of the General Plan and Select System
of Streets.
12.- -City- Council-received -and -filed a--summary-report on the Temple
- • City, Chamber' of Couanerte -1st -Annual' Community -Picnic.
• C. 'Councilman -Merritt-introduced .and-moved to adopt Resolution
74-1366 'AT-.RESOIUTION OF •THE-CITY OF -.TEMPLE CITY DECLARING THE NEED
FOR RESPONSIBLE REPORTING-BY-THE. NEWS NEDIA;--Setonded-by Councilman
Tyreli and-tarried-unanimously.
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Council Minutes, June 4,1974 - Page 7
D. City Attorney Martin called Council's_ attention to the fact
that the several hundred petitions to review the Environmental
Protection Agency's Clean Air Guidelines were consolidated by order
of the United States Court of-Appeals for the Ninth Circuit on
April 12;1974, and it now-appears that the guidelines will be
thoroughly reviewed by the 'Ninth- Circuit. Councilman Merritt moved
to withdraw petition filed by the City' of Temple City December 7, 1973,
seconded by Councilman Greenberg and carried.
E. Councilman Tyrell spoke to the problem of the use of the tennis
courts at Live Oak Park and suggested that park personnel should enforce
the rules -and regulations of the-tennis courts.
Councilman Tyrell-called Council's attention to communication from
Michael Falabrino, Chairman of the West San Gabriel Valley Juvenile
Diversion Project, adviging of the appointment of an Executive
Director.
F. Councilman Gilbertson.-stated the City Bicentennial Couallittee
should meet as soon as pos-sible to prepare for the 1975 celebration.
Mayor Dennis' -will confirm the appointments to the Bicentennial
Cormittee by letter.
G. Mayor Dennis stated. he would make recommendations for Commission
appointments at the June 10 Study Session for Council confirmation.
20. ADJOURNMENT:
On Motion by Councilman Tyrell, seconded`by Coun-cilman Gilbertson,
the meeting adjourned-at- 10:00 p.m. to a -joint meeting with the
Parks and -Recreation Colluilission, June 10,- 1974, 7:30 p.m. Next
regular meeting of the-City Council will be held Tuesday, June 18,1974,
7:30 p.m. in • the' Council Chamber of the City Hall.
ATTEST:
f Deputy City Clerk