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HomeMy Public PortalAboutCity Council_Minutes_1974-10-01_Regular 1974CITY OF TEMPLE CITY CITY COUNCIL October 1, 1974 INITIATION: 1. Mayor Dennis called the regular meeting of the City. Council to order at 7:30 p.m. on Tuesday, October 1, 1974, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Brian Cuthill, Church of the Nazarene, 9953 Las Tunas Drive. 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, Assistant to the City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett, Public Works Coordinator Leonetti . Mayor Dennis presented a Proclamation recognizing Temple City Explorer Post No. 169 for having won the National Championship at the Third National Explorer Olympics held August 18 -24, 1974 at Colorado State University, Fort Collins, Colorado, to Post Advisor Ellsworth Goshorn. Mr. Goshorn introduced Mrs. Mary Stevens, Associate Advisor and members of Explorer Post No. 169 present. 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the regular meeting held September-J7, 1974, as written', seconded by Councilman Greenberg and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DENIAL: ZONE VARIANCE CASE 74 -419 - 9818 and 9824 LONGDEN AVENUE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held August 13, 1974, held public hearing and adopted Resolution No. 74 -576PC denying a variance to construct fences on a certain portion of property located at 9818 and 9824 Longden Avenue in excess of permitted heights, on the basis that the property is not unique in shape or location, rights of the property owner are the same as enjoyed by others in the area," and granting the variance would be injurious to the public welfare and surrounding properties. Applicant filed an appeal and City Council, at their meeting held September 17, 1974, set public hearing October 1, 1974. Mayor Dennis opened the public hearing. Planning Director Dragicevich presented staff report, and with the aid of Exhibit "A showed the existing development of the subject property, consisting of two,single family dwellings, a 2 -car garage and several accessory buildings and location of proposed fencing. Proposed is a 6 ft. high grapestake fence along the front property line where permitted height is 36 "; fiberglass panelling to extend 2 ft. above existing redwood fencing along the westerly property line to a point 50 ft. northerly of the southerly property line; painted corrugated aluminum panelling is to extend 4 ft. above existing 6 ft. redwood fencing along westerly property line southerly for 50 ft, and approximately 12 ft. along the rear property line. A permit was issued applicant to construct a storage structure which became a 10 ft. aluminum fence. Staff proposes if Council grants the appeal, the applicanc prepare an engineering plan for fencing in excess of 6 ft. to be designed to withstand minimum wind load of 15 pounds per sq. ft. A negative Council Minutes, October 1, 1974.- Page 2 declaration .has been prepared. Councilman Gilbertson moved to include the records of the,Planning Commission proceedings as. a part of the record, including the Environmental Impact Report, seconded- by Councilman Tyrell and carried. Mayor Dennis invited those who wished to speak to the issue to come forward. Mrs. Roi Brown, 9818 Longden Avenue, applicant, stated she had taken out a permit for a green house and storage structure, con- struction of which was stopped by the building department; that her property is unique because of its size and the fact that they have nine adjacent neighbors; that she considers her property a corner lot because of the T- intersection of Salter; that she has been the subject of malicious mischief and vandalism and wants the fencing for privacy. In answer to questions put to her by Council, Mrs. Brown stated that she had made complaints to the Sheriff's Department five times in the past year; her primary concern is with seeking privacy; that in her opinion her request is not damaging or injurious to neighboring property. In Opposition: Mr. Francis King, 6238 Golden West Avenue, was primarily in opposition to the proposed 10 ft. corrugated aluminum panelling along the applicant's westerly property line and along the rear property line, and requested if the variance is granted something more aesthetically pleasing be approved. Mr. Glenn Church, 6256 Golden West Avenue, was opposed to a 10 ft. fencing cutting down air flow, stating that when one lives in a metropolitan area they must assume the inconvenience of close neighbors, and was concerned that a precedent would be set for others to follow. He felt the height and proposed materials would be detrimental t� the surrounding properties. Mr. Vincent Petralia, 6304 Salter Avenue, felt that if a variance is granted a 20 ft. set back should be required and some regulations on the use of material from an aesthetic . point of view. Mrs. Roi Brown, in rebuttal, state she is entitled to the full use of her property. Councilman Greenberg moved to close the public hearing, seconded by Councilman Merritt and carried. City Attorney Martin summed up Mrs. Brown's reasons for application for a variance being; 1) the property is unique because of the T - intersection and applicant therefore feels she meets the code with a 6 ft. wall along the front property line; it would be a hardship to build the fence at the legal set back; she is surrounded by nine properties with neighbors who harrass her and whom she wishes to fence out; that granting the variance is not injurious to the neighboring properties and is not inconsistent with the General Plan. Councilman. Merritt stated that having nine properties contiguous with the applicant's is not a hardship in his opinion, nor a criteria for having a tall fence, and he would support the Planning Commission's decision. Councilman Greenberg stated there was nothing in the testimony to indicate the property is unique in shape or location and he feels granting this variance would be injurious to the surrounding pro - perties and he would concur with the Planning Commission. Council Minutes, October 1, 1974 - Page 3 Councilman Tyrell agreed with Mrs. Brown that the property is unique as to size and location, but does not agree that the pro- perty is a corner lot, and that privacy is something one yields when he lives within urbanization. He further stated the fences would obstruct light and air and feels the appeal should be denied. Councilman Gilbertson stated the property may be unique to its area but that Temple City has many large lots with many properties abutting; the property does not qualify as a corner lot, and the City cannot deal with neighborhood problems by putting up high fences, and he would concur with the Planning Commission decision. Mayor Dennis stated the property is unique in size but not location; that privacy is the primary factor involved in the application;. and he believes the fence would be injurious to the surrounding properties. Councilman Merritt moved the appeal be denied and Planning Commission decision confirmed, and instruct the City Attorney to prepare an appropriate resolution for review October 15,1974, seconded by Councilman Gilbertson and carried. 7. PUBLIC HEARING: 7:30 p.m. RESIDENTIAL PLANNED DEVELOPMENT CASE NO. 74 -424 (BALDWIN REVISION) AND TENTATIVE TRACT NO. 29602 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held August 27, 1974 held public hearing and passed Resolution No. 74- 580PC recommending to City Council that RPD Case 74 -424 with the Provisional Plan be approved. The Commission also, at their regular meeting held September 10, 1974, approved Tentative Tract Map No. 29602 subject to City Council review and approval of the Residential Planned Development zone. An Environmental Impact Report has been prepared. City Council, at their meeting held September 17, 1974, set public hearing for October 1, -1974. Mayor Dennis declared the public hearing open. Planning Director Dragicevich presented staff report, stating that the applicant proposes to change the zone from R -1 and RPD (12.8) to RPD (12.85) to build an 87 unit condominium project; the difference in this . plan the the previous one for this project located in an area bounded by Olive on the north, Baldwin on the west, Green on the south, and Zadell on the east, is the property westerly of 5301 Zadell has been added for better configuration and development of the project. The proposed RPD development is consistent with the General Plan map . which depicts the subject area as suitable for Low Medium residential density of 7-15 units per acre, the proposed development would have 12.85 units per acre. With the aid of Exhibits, Mr. Dragicevich showed the 22 structures ranging from one single family dwelling, to structures with six units, 1,100 sq. ft. of open space per unit is provided. With respect to the Tentative Tract Map No. 29602, Planning Commission attached 36 conditions on its approval. An Environmental Impact Report prepared by staff shows an increase in traffic, safety hazard and air pollution. The developer is working with staff to provide a better landscaping plan than that submitted. Noel Baldwin, 5302 N. Baldwin Avenue, applicant, statez the appli- cation' is an improved project over that submitted earlier, parti- cularly with respect to the flow of traffic through the project and increased open space; that he is agreeable to the 36 conditions attached to Planning Commission approval of the Tentative Tract Map. The request for change of zone is being made to incorporate the property westerly of 5301 Zadell which has been added to the project. In Opposition: - Mr. Robert Fiedler, 10063 Olive Street, stated he is opposed to the proposed density for that area, stating he believes there are other areas in the community better suited for Low Medium Density. Mr. Council Minutes, October 1, 1974 - Page 4 Fiedler advised he had given copies of typical petitions which he and others are circulating to repeal the RPD.ordinance and amend. the General Plan to City Manager Koski earlier'in the day.. They feel the people should be given an opportunity to express.themselves. individually on this issue. In. rebuttal, Mr. Baldwin, stated that quality units are being offered in this project which will be an asset to the couununity. Councilman Gilbertson moved to include the records of the Planning Commission proceedings as a part of the record, seconded by Council- man Greenberg and carried. Councilman Tyrell moved to close public hearing, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to certify the Environmental Impact Report as prepared in accordance with State Law and the Planning Commission considered it in arriving at their decision, seconded by Councilman Merritt and carried. Councilman Gilbertson stated the City is fortunate to have the . development under the control afforded by Residential Planned Develop- ment; in his opinion the.development has been substantially improved with the addition of the new property and increased.open space; that it is a logical development for that area. Councilman Greenberg concurred that the addition of the new property made it a much better project; and stated the development is con- sistent with the General Plan and he favored its approval. Mayor Dennis stated the Council's concern with the residents in the subject area and their attempt to make it compatible and he felt the density proposed is realistic for Baldwin Avenue which is a major thoroughfare and he personally did not feel it would be detrimental to the surrounding properties.• Councilman Merritt stateethere have been numerous residents who have moved from Temple City to condominiums and he felt they were needed Councilman Tyrell moved to approve zone change from R -1 and RPD to .• RPD as requested in Zone Change. Case 74 -424, and approve Provisional Plan as recommended by the Planning Commission, seconded by Council- man Gilbertson and carried. City Attorney Martin introduced Ordinance No. 74 -393 AN ORDINANCE OF THE CITY OF TEMPLE CITY CHANGING THE ZONE OF CERTAIN PROPERTIES FROM R -1 AND RPD (74 -415 TO RPD (74 -424) by title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Gilbertson and carried. Councilman Tyrell moved to approve Tentative Tract Map 29602, with conditions, subject to the final adoption of Ordinance No. 74 -393, seconded by Councilman Gilbertson and carried. 8 TENTATIVE TRACT MAP N0. 32392 - 9028 -30 E. RANCHO REAL City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held September 10, 1974; certified Environmental Impact Report and approved Tentative Tract Map No. 32392, subject to City Council review: The City Council, at their regular meeting of September 1.7, 1974., reviewed the recom- mendations of the Planning Commission and continued to October 1, 1974, to.consider the Environmental Impact Report which was prepared by the applicant. Planning Director Dragicevich presented staff report and with the aid of Exhibit "A" advised the proposed development will consist'of Council Minutes, October 1, 1974 - Page 5 13 units and four structures; each 1,323 sq. ft. unit will have an enclosed attached one -car garage and a patio; 4 open parking spaces are provided; landscaping is proposed adjacent to driveways; that 18 conditions were attached to Resolution No, 74 -583PC approving the Tentative Tract Map. Councilman Gilbertson moved to certify the Environmental Impact Report as prepared in accordance with State Law and the Planning Commission considered it in arriving at their decision, Councilman Merritt moved to approve Tentative Tract Map 32392, with conditions, seconded by Councilman Greenberg. Councilman Gilbertson stated the proposed development is bad planning and the concrete alley running down the middle as shown on the line drawing is not aesthetically pleasing and he would, therefore, not be in favor of approving the map. Councilman Tyrell stated he felt the development would have an adverse impact on the environment and the concrete drive down the center would cause a problem from the standpoint of water runoff. Mr. Jack Weber, 5926 Temple City Boulevard, stated he has owned the property approximately 10 years; that he has done the best he can do with the piece of property; that under R -3 zoning he could have developed with higher density; that the landscaping as proposed on Exhibit "A" will be increased and improved. The motion ROLL CALL: AYES: NOES: was put to a roll call vote and carried. Councilmen - Greenberg, Merritt, Dennis Councilmen- Gilbertson, Tyrell ORDINANCE NO. 74 -391: 2nd. read.- MODIFYING APPEAL PERIOD RE: PROPERTY NUISANCE CASES City Attorney Martin presented. Ordinance No. 74 -391 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 9488-OF THE TEMPLE CITY MUNICIPAL CODE BY CHANGING THE APPEAL TIME IN NUISANCE ABATEMENT MATTERS FROM 15 DAYS TO 7 DAYS by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Gilbertson and carried. 10. PERMIT AGREEMENT: BETWEEN CITY AND CONSOLIDATED FIRE PROTECTION DISTRICT FOR CITY USE OF DISTRICT OWNED PROPERTY (Station 47, 5946 N. Kauffman Avenue, Temple City) City Manager Koski presented background information, stating City Council, at their regular meeting held July 2, 1974, approved a permit agreement with the. County Fire Department placing an emergency generator on Fire District property with an amendment limiting Fire District use "to the extent surplus to the City's requirements ". The amendment was not acceptable to County Counsel, as they felt the agreement provided nominal _benefit to the District. Staff re- submitted an alternate agreement limiting the County's use of power to a maximum amount of 10 KW, which was acceptable to County Counsel; Councilman Gilbertson moved to approve agreement to place emergency generator on Fire District property limiting the County's use of power to a maximum amount of 10 KW and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. 11. ACCEPTANCE OF BID: INSTALLATION OF EMERGENCY GENERATOR City Manager Koski presented background information, stating the City Council, at their regular meeting held August 20, 1974, author- ized solicitation of bids for the installation of an emergency elec- trical system for the City Hall, notice was published and five bid Council Minutes, October 1, 1974 -.Page 6 packages were picked up, two of which were returned. The City Attorney has reviewed the bids and found them acceptable; Dick Burgess, Electrical Engineer has recommended acceptance of low bidder, L & B Electric Mr. Koski further stated City Council appropriated funds in the amount of $21,300 in the 1973 -74 budget for the purchase and installation of the generator; purchase of the generator was made and funds encumbered. The funds for installation, however, were not encumbered and it is necessary for the Council to reallocate the funds for installation. Councilman Gilbertson moved to accept low bid of $4,980 from L & B Electric, instruct the City Attorney to prepare an agreement and authorize Mayor and City Clerk to sign, and to reallocate funds in the amount of $4,980 and amend the adopted budget . accordingly, seconded by Councilman Tyrell and carried. NEW BUSINESS: 12. • RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of September 24;1974 A. PROPOSED AMENDMENT TO THE GENERAL PLAN RE: SEEMAN SCHOOL SITE City Manager Koski presented background information stating the. Planning Commission, at their.regular_meeting.held September 24,1974, held public hearing and adopted Resolution 74 -586PC recommending amendment to the General Plan to change the use of the Seeman School site to low residential density which is compatible with the surrounding neighborhood. An Environmental Impact Report has been :prepared in accordance with the Environmental Quality Act of 1970. Councilman Gilbertson moved to set Public Hearing. November 5, 1974, seconded by Councilman Greenberg and carried. B. ZONE CHANGE FROM R -"3 TO R -2 FOR. AREAS A) MCCULLOCH TO SANTA ANITA NORTH OF FREER B) EAST AND WEST SIDE'OF.FARAGO SOUTH OF FREER • (ZONE CHANGE CASE NO. 74 -425) City Manager Koski presented background. information, stating the Planning Commission, at their regular meeting -held September 24, 1974, held public hearing and adopted Resolution No. , 74 -587PC recommending ;. change of zone from R -3 to R -2 for subject area except the parcels currently developed with multiple residential uses exceeding the R -2 density. City Council, at their meeting. held September 17, 1974, adopted Interim Ordinance No. 74 -392 as an urgency ordinance placing a moratorium on residential development in excess of the density shown on the General Plan Map. Subject area is one of the areas listed in said ordinance where the zoning standards exceed the density shown on the General Plan Map. A Negative Declaration has been prepared. Councilman Gilbertson moved to set Public Hearing November 19, 1974, seconded by Councilman Tyrell and carried.. 13 'RECOMMENDATION FROM PARKS.AND RECREATION COMMISSION - Meeting of September 18, 1974 - RECOSPONSORSHIP OF TEMPLE CITY UNITED SOCCER CLUB City Manager Koski advised the Temple City United Soccer Club was originally cosponsored by the City in 1962, and that yearly requests for renewal had been granted by the City for this self sustaining group, and that the Parks and Recreation Commission again recommended renewal of .recosponsorship. Councilman Merritt moved to approve, subject to the required certificate of insurance, seconded by Councilman Greenberg.and carried. 1 Council Minutes, October 1, 1974, Page 7 14. RESOLUTION NO. 74- 1394: EMPLOYMENT OF PERSONNEL' Councilman Tyrell moved to adopt Resolution No: 74 -1394 A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Gilbertson and carried. 15 RESOLUTION NO. 74 -1395: WARRANTS & DEMANDS, Demand Nos. 739 thru 776 in the amount of $251,047.16: Councilman Gilbertson moved to adopt Resolution No. 74 -1395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND.DEMANDS IN THE SUM OF $251,047.16, DEMAND NOS. 739 THRU 776, seconded by Councilman Greenberg and carried. 16 COMMUNICATIONS: A. Temple City High School Request to hold fireworks display A communication dated September 27, 1974, requesting permission to hold fireworks display in cooperation with the Temple City Bicentennial Committee at half time ceremonies, Friday, October 11, 1974. Councilman Tyrell moved to approve request subject to approval of the County Fire Department and the required certificate of insurance, seconded by Councilman Merritt and carried, Councilman Gilbertson abstaining. - 17. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: IThe City Council recessed at 10 :00 p.m. to meet as the Community Re -' . development Agency, all members being present, approved the minutes of the regular meeting held September 17, 1974, adopted resolution for warrants and demands: Minutes are set forth in full in the minutes of that Agency. RECONVENE AS CITY COUNCIL: 18. MATTERS FROM CITY OFFICIALS: A. 76th Annual League of California Cities Conference October 20 -23, 1974 - Los Angeles 1. Councilman Tyrell moved to authorize advance registration and an advance of $25 to cover meals, parking and mileage for those City officials attending-the League of California Cities Con - ference, seconded' by Councilman Gilbertson and carried. 2. Councilman Merritt moved to designate Councilman Gilbertson voting delegate, and Councilman Tyrell alternate, to the League. of California Cities Conference, seconded by Councilman Greenberg and carried. 3. Councilman Gilbertson moved to approve Commissioner Seibert's request to attend California Parks. and Recreation Society .Conference being held prior to and in conjunction with the League of California Cities Conference, expense for both con - ferences not to exceed $100, seconded.by Councilman Tyrell and carried, B. ICMA.Conference - Dallas, Texas, October 13 -17, 1974. City Manager Koski presented request for authorization to attend. the ICMA Annual Conference to be held in Dallas, Texas,. October 13 -17. Councilman'Greenberg moved to approve request, seconded by Council- man Gilbertson and carried. 1 Council Minutes, October 1, 1974 —Page 8 C. Student and the Law Program City Manager Koski advised City Council, in the 1974 -75 budget, authorized the expansion of the Student and the Law Program in city schools other than Temple City Unified School District, City participation to be two - thirds of the cost to a maximum of $1,000 per school, with two schools authorized. Lutheran School has in- dicated a desire to implement the program for the spring semester, the cost to be $750 with the City's cost being $500. Councilman Gilbertson moved to authorize staff to finalize plans to implement the program at the Lutheran School for the spring semester and instruct the City Attorney to draft appropriate agree- ment, seconded by Councilman Greenberg and carried. D. Carpeting of City Hall City Manager Koski presented four proposals from carpet suppliers to carpet City Hall as authorized in the 1974 -75 budget. Council - man. Merritt moved to accept low bid of $3,081.38 from lager -Smith Carpet Company, seconded by Councilman Gilbertson and carried. E. All- American City Award City Manager presented report on investigation into criteria for application for the All- American City Award as suggested by Mrs. Grant at a previous meeting. City Council received and filed. F. City Manager Koski reported that staff has contacted the Sheriff's Department to request their discretion in enforcing the code with regard to front yard parking. G. Councilman Gilbertson advised the Temple City Bicentennial Committee has tentatively scheduled a breakfast meeting November 7, to which representatives of service clubs will be invited. H. Councilman Tyrell advised scout troops are becoming involved with the Emergency Medical Training Program, the program scheduled October 24 being filled almost exclusively with one scout troop and their parents. I. Councilman Merritt directed staff's attention to the unsightly condition of the patio area behind Demian's Restaurant building. J. Mayor Dennis advised a City Selection Committee meeting will be held Thursday, October 3, 1974 concurrently with the League of California Cities meeting and delegated Councilman Gilbertson to represent Temple City. 19. ADJOURNMENT: On motion by Councilman Gilbertson, seconded by Councilman Greenberg, meeting adjourned at 10:35 p.m. Next regular meeting will be held Tuesday, October 15, 1974, in the Council Chamber of the City Hall. ATTEST: X(4.,ritet_ Chief Deputy City Clerk MAnR-