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HomeMy Public PortalAboutCity Council_Minutes_1974-06-04_Regular 19741 1 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. 1 1 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. 1 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. 1 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. 1 1 1 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