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-