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HomeMy Public PortalAboutCity Council_Minutes_1974-11-19_Regular 19741 CITY OF TEMPLE CITY CITY COUNCIL MINUTES November 19, 1974 INITIATION: 1.. Mayor Dennis called the regular meeting of the City Council to order at 7:33 p.m. on Tuesday, November 19, 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, Dennis Absent: Councilmen - Tyrell Also Present: City Manager Koski, City Attorney Martin, Assistant to the City Manager Biel, Planning Director Dragicevich, Public Works Coordinator Leonetti Councilman Gilbertson moved to excuse Councilman Tyrell for cause seconded by Councilman Greenberg and carried. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the,minutes of the regular meeting held November 5, 1974, as written, seconded by Councilman Gilbertson and carried. Mayor Dennis introduced Captain Harry (Bud) Hansen, newly appointed commander of the Los Angeles Sheriff's Temple Station. Captain Hansen expressed his thanks for the opportunity of meeting Council this evening and for the opportunity to address those in the audience, stating he looks forward to the challenge and opportunities of working with the res- idents in Temple City and providing a complete law enforcement service in a personal way. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:3.0 p.m. ZONE CHANGE FROM R -3 TO R -2 FOR AREAS: A) MCCULLOCH TO SANTA ANITA AVENUE NORTH OF FREER B) EAST AND WEST SIDE OF FARAGO SOUTH OF FREER (ZONE CHANGE CASE 74 -425) City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of September 24, 1974, held public hearing and adopted Resolution No. 74 -587PC recommending to City Council a change of zone from R -3 to R -2 for areas outlined as shown on Exhibit "A -2 Their recommendation excluded parcels already developed with condominium or apartment houses, and two parcels'on the west of Welland Avenue, south of the M -1 zone in the City of Arcadia. Subject area is designated in the General Plan as suitable for Low Medium density. City Council, at their regular meeting held September 17, 1974, adopted an Interim Ordinance placing a moratorium on residential development in excess of the density shown on the General Plan map. City Council, at their regular meeting held October 1, 1974, set public hearing on Planning Commission recommendations regarding zone change from R -3 to R-2-for subject area. Mayor Dennis declared the public hearing open., Planning Director Dragicevich gave staff report, referring to Exhibits A -1 and A -2 for areas designated as "A ", "B ", and "C ", stating subject areas are designated in the General Plan as suitable for Low Medium density with 7 -15 units per acre and on the Zoning Map it is shown as R -3, Heavy Multiple Residential with a maximum density of 24 units per acre. Dragicevich gave statistical information with respect to areas "A ", "B ", and "C" relating to lot sizes, number of parcels, actual land useland total acreage. He further advised two petitions had been received; one with 54 signatures opposing the recommended change in zoning, and one with 192 signatures favoring the zone change.. Council Minutes, November 19, 1974 - Page 2 In answer to questions from the City Attorney, Mr. Dragicevich stated he, as Planning Director, had made recouunendation for the change in zone as a public benefit, that R -3 zoning would be an over- development of the area creating too great a demand on public services, that the reason the parcels which have been developed as R -3 were excluded from the recommendation was to avoid putting them in a_osition of being non- conforming, and that the recommendation was also based upon the consistency requirements between zoning and General Plan per State law. Councilman Gilbertson moved to make the Planning Commission minutes a part of the record, seconded by Councilman Merritt and carried. Mayor. Dennis stated that the Council would consider each area separately insofar as hearing testimony and requested the audience bear in mind the Planning Commission testimony is available to the Council. AREA "A" Mr. Freeman Campbell, 55352 Welland change which, in his opinion, would he is unable to develop to the full the time of his investment. Mr. Anthony Skrall, 5654 McCulloch, zoning would have an adverse effect , stated his opposition to the cut his investment in half if potential he anticipated at. stated he believed any change in on property value. Ms. Ruth Renick, 5606 McCulloch, stated her opposition to the change R to TL-a wsin ig she has a buyer for her property as an R -3 zoned property and most of the owners in the area bought therewith the idea of developing as an investment upon retirement. Mr. Clyde Martin, 5607 Welland, stated the City is trying to increase its tax base with the Community Redevelopment on the west side of the City and at the same time devalue property on the east side of town. He referred to a newspaper clipping which states the federal government is making a study which supports the need for high density development. Ms. Daniels, 5350 McCulloch, stated her opposition to rezoning from R -3 to R -2. Sam Salomone, 5414 Encinita, who owns property at 5510-12 McCulloch, stated he bought his property in 1965 after it had been zoned R -3 as an investment; that with R -3 he could develop with 13 units, under R -2 zoning he could develop only 6, thereby realizing a large investment lost. He felt if the properties cannot be developed to their full potential, the existing homes in the area will deterior- ate, and asked Council to await a decision on the Vons vs Cerritos case before taking action. Mr. Peter Valov, 5515 Welland, stated the City had a Master Plan prepared in 1964 and it was reasonable that residents assume it was the best plan for the area. He felt'the best use for the area is R -3. Mr, Reynold Blunk, 10922 Wildflower, stated Areas `B" —and "C" want a change to R -2, and R -3 as those speaking here tonight wish, it with Areas "B" and "C ". Mr. Donald Isler, 5508 Welland, stated the change would be an eco- nomic Hardship on the property owners and he is opposed to rezoning Mr. Larry Salomone, 5510 McCulloch, stated with a change to R -2 zoning ft would be economically unfeasible . to develop which could result in a deterioration of the entire neighborhood. Mr, Richard Bailey, 5632 McCulloch, stated he opposed the zone change from R -3 to R -2. that most people in if Area "A" remains would not be consistent Council Minutes, November 19, 1974-- Page 3 Mrs, Marie Whipple, owner is opposed to the zone ch Mr. David Wemberly, 5524. eevveTopers interested in affect the sale. of property at 5548 Welland, stated she ange McCulloch, stated he has two condominium his property and the zone change would. Mrs. Donna Owens, 5341 Santa Anita, stated the property owners in the area who are in favor of the change and signed the petition are not present to testify. Mr. Gil Curry, 5623 Welland, stated a survey distributed by the Environmental Protection Agency states higher density reduces the size of land needed for development and communities require fewer miles of streets, shorter utility lines, less land use for shopping centers Mr. Lloyd Voorhes, 5332 Farago, stated the majority owners favor the change, they don't want the higher Mr.' George Kesselman, 5218 Farago, urged Council, to recommendation to rezone from R -3 to R -2 as a whole considering areas "A "B ", and "C" separately. Mrs. Luc a uire, 5240 Farago, in f M avor o ig er density have investment. Mr. Harry Essex, 5556 Welland, to R -2 zoning. AREA "B' Mr. Pat Owens, 5341 R -3 property, he is property worth less of property density. vote on the rather than in favor the change, stated those purchased their property as an stated his opposition to the change Santa Anita, stated although. he is owner of an in favor of a change; that he would rather have financially than be surrounded by apartments. Mr. George Hlista, 10930 Daines Drive, stated he is not interested in state and federal government opinions concerning land use and he is against the zone change. AREA "C" Mr. Lloyd Voorhes, 5332 Farago, stated he is in favor of the change from R -3 to R -2 in areas "A", "B ", and "C". Mrs. Peter Zitzka, 10912 Freer, stated she is in favor of the change from R -3 to R -2. Mr. Omar Maguire, 5240 Farago, stated he is in favor of the zone change, that any increase in development would have an adverse affect and there is no need for higher density. Ms. Bonnie Bassett, 10904 Freer, stated she is in favor of the change in areas "A ", "B ", and "C ". Mrs. Hamilton, 5204 Farago, stated she is in favor of the change from R -3 to.R -2, her specific concern being traffic. Mr. John McDonald, 5215 Farago, stated his opposition to a change in zoning. There being no others come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Greenberg and carried. Mayor Dennis declared a recess at 9:10 p:m Council reconvened at 9:25 p.m. Council Minutes, November 19, 1974 — Page 4 City Attorney Martin advised the audience that- the- references made this evening to the Vons vs City of Cerritos'deserve' his comments and opinion. The history of zoning -in California has-been-consistently against the invalidation of appropriate zoning when based. upon the public welfare and there has been no example -in :California of inverse condemnation which means : that -the City-must-pay-for-any-economic loss suffered as a result of zoning. In the Von's case theintermedi•ate court . did not think that should any longer be the case and- recommended the rule be changed. The facts are so unique-and-so different-most-would agree there is some justification for the decision. It was not just downzoning, but a series of zone changes which-made-no sense to anyone. None of these facts apply here today. The inverse condemnation theory does not apply to the decision here tonight, if-the-Council is in favor of the zone change. The decision must be based upon the public welfare and what will best serve the interests of this community as a whole. Mayor Dennis stated he lives in the area under discussion, that his property-is not.affected, and he feels he can make a judgment without prejudice. Councilman Merritt stated there have been many - speculations concerning traffic, noise, and crime rate and he does not feel the remarks are pertinent to this area any more than other areas of the-City. He had read the Planning Commission minutes, listened to the arguments for and . against this evening and regardless of the direction taken this evening some property owners are-going to be affected. With R -2 zoning Council . will have more control over the development and he would be in favor of upholding the Planning Coulii±ssion recommendations to change from R -3 to R -2 certain properties in areas "A", "B ", and "C ". Councilman Greenberg stated he could not equate-progress with high density and in his opinion it is as economically feasible to develop. under R -2 zoning as R -3 as indicated by the new development at Baldwin and Olive. The property owners may have to accept a new concept in development, that is putting together parcels as opposed to individual development. Councilman Greenberg feels there is not need for high density in Temple City and it is in the best interest of the City over a long period of time to maintain low density and is in favor of a change from R -3 to R -2 in all three areas as proposed. Councilman Gilbertson stated he agrees with Councilman Greenberg in that he fails to see that high density is snyonomous with progress; that he looks on the statement regarding possible deterioration of the properties as a threat; condominiums-and planned development °are possible in R -2 zones, making R -2 as marketable as R -3 property. Councilman Gilbertson stated he would agree with Planning Cou aission recouuulendation with the exception of the five parcels on the east side of McCulloch immediately south of the Arcadia city boundary. Mayor Dennis stated that when he saw the General Plan which was developed in the 1960's he disagreed with it, and he feels zoning should be based on the existing land use; that the entire area must be considered as a whole and as a part of the entire city. . Councilman Greenberg moved to certify the Environmental Impact Report as prepared in accordance. with State law and the City Council considered it in arriving at their decision, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to accept the recommendation of the Planning Commission to change the zone from R -3 to R -2 for that area shown on Exhibit A -2 with the exception of the five lots on the east side of McCulloch immediately south of-the Arcadia city boundary and instruct the City Attorney to prepare the appropriate ordinance, and refer the matter Council Minutes, November 19, 1974 - Page 5 back to the Planning Commission -for their review and comment, seconded. by Councilman Greenberg and carried on a roll call vote: ROLL CALL: AYES; Councilmen-Gilbertson,-Greenberg; Merritt, Dennis NOES: Councilmen -None ABSENT: Councilmen- Tyrell 7. PUBLIC HEARING: 7:30 p.m: STREET IMPROVEMENTS-:-OAK-AVENUE-,,WEST SIDE EMPEROR TO-LEMON (Curb'& gutter pursuant to Chapter--27; Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular meeting of October 15, 1974`, set public hearing for installation of curb and gutter on the west sideof Oak Avenue from Lemon Avenue to approximately -172 feet northerly pursuant to Chapter 27, Streets and Highways Code, on recommendation by-the: Traffic Commission. In addition to the curb and gutter, the. Traffic Commission recommended installation of sidewalks on the-west -side of Oak Avenue from_Emperor Avenue to Lemon Avenue; however; it is recommended the property owners be assessed only for the cost of the curb and gutter. Councilman-Gilbertson moved to certify -the Envirommental.Impact Report as prepared-in accordance with-State-law and the.City Council considered it in arriving at their decision,: seconded by.Councilman- Merritt and carried Mayor Dennis declared the public hearing open. There being no one wishing to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Gilbertson moved to approve the project and instruct the Superintendent of Streets to 'cause the work to be done; seconded by Councilman Greenberg and carried. RESOLUTION N0. 74- •1377: ACQUISITION OF CERTAIN EASEMENTS FOR STREET PURPOSES (GIDLEY STREET) City Manager Koski presented background information, stating staff has . made progress in negotiating with the-property owner at 9520 Gidley Street pursuant to his offer to exchange right-of-way for the relocation . of his office elsewhere on his property; that the progress affords the opportunity -for successful negotiations = with .... the remaining four property owners and -it is recommended that proceedings= to-adopt Resolution No. 74 -1377 be terminated. Mr. " Koski further -stared-'it is necessary that staff have authorization -to - negotiate ` with -the remaining four pro -. perty owners and amend an existing 'appraisal to include right -of -way necessary to improve the street in .accordance with the established curb line, Councilman Gilbertson moved to authorize staff-to-continue-negotiations with the °property owners for th-e- ncces-sary' right -of -way, authorize an amendment to the existing- appraisal and to terminate proceedings for the adoption of Resolution No. 74 -1377, seconded by Councilman Greenberg and carried. RECOMMENDATION•FROM TRAFFIC COMMISSION— Meeting-of-November 6, 1974 LA ROSA DRIVE AND GOLDEN WEST - AVENUE: STAFF REPORT'ON STOP SIGN CONFIGURATION RESULTS OF SPEED SURVEY ON GOLDEN WEST AVENUE, SOUTH OF OLIVE City Manager Koski presented background information-stating that pursuant to Council request, Traffic Engineer initiated a split six hour hand count at subject intersection to determine the possible need for additional stop signs at north and-south approaches to La Rosa Drive and recommended that the stop signs on La Rosa Drive at Golden West be reversed to stop the minor flow of-traffic on Golden West Avenue at La Rosa Drive, which is in accordance with established engineering criteria. Traffic Commission concurred with the findings and recommendations of the Traffic Engineer Council Minutes, November 19, 1974.- Page 6 and recommended reversing the stop sign configuration- from the east and west approaches- of La Rosa Drive to the north and.south approaches of Golden West Avenue, and to place "Watch Through Traffic" signs directly beneath the stop signs at their new location. Councilman Greenberg moved to approve Traffic Commission recommendation seconded by Councilman Gilbertson and carried. 10. RECOMMENDATIONS FROM PLANNING COMMISSION Meeting of November 12, 1974 A. PROPERTY NUISANCE CASE 74 -18 - 10516 Daines Drive City Manager Koski presented background information stating the Planning Commission held public hearing -February 12, 1974 and after several continuances to give the property owner the opportunity to perform the work requested, passed Resolution No. 74- 591PC -A November 12, 1974 determining the existenne- "=of-a-pub-lic - nuisance" and-listing methods of abatement.". The appeal period expired without an appeal having been filed. Councilman Merritt moved to adopt Resolution No. 74 -1407 A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE;' AND ORDERING ABATEMENT "' THEREOF,' seconded by Councilman - Gilbertson and carried. B. TENTATIVE TRACT MAP NO. 31002 - `Frost Development, Inc. 5323 & 5329 Santa Anita Avenue City Manager Koski presented background -information stating the Planning Commission, at their- regular meeting held November 12, 1974, certified Environmental Impact Report and approved Tentative Tract Map No. 31002 with conditions; the proposed subdivision 'would consist of an 11 -unit condominium, consisting -of 10 two -story and one single -story unit; pro- perty is located in an R-3, Heavy Multiple Residential zone and the pro - posed development is consistent with-the General Plan.. Councilman Merritt moved to- certify .the Environmental Impact Report as prepared in accordance with State law and the: - City" - Council considered it in arriving at their decision ; - seconded-'by Councilman Gilbertson and carried. Councilman :Merritt moved to approve Tentative Tract Map.-N ;o 31002 with . conditions. -as set forth in Planning Commission-Resolution No. 74- 597PC, seconded by Councilman.: Gilbertson.-and- carried. 11. RESOLUTION NO. 74-1408: INTENT-TO PARTICIPATE IN 911 DIALING SYSTEM City Manager Koski advised the County invited the.-C-ity —to participate in a' joint program- to _ prepare and submit- tentative- plans to the state . for the •state mandated--911 emergency telephone' 'dialing system. Councilman Gilbertson moved to adopt- Resolution--No. 74 -1408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE' CITY'' AUTHORIZING THE CITY'S PARTICIPATION WITH THE COUNTY -OF LOS ANGELES `IN' THE "JOINT DEVELOPMENT AND SUBMITTAL OF 911 TENTATIVE PLANS TO THE STATE` OF CALIFORNIA BY JANUARY 31, 1975 OR ANY OTHER DATE THAT MAY BE PRESCRIBED BY LAW, seconded by Councilman Greenberg and carried. RESOLUTION NO. 74- 1409: APPROVAL OF FAU PROCESS AND GUIDELINES FOR L. A. COUNTY City Manager Koski presented background-information stating a committee comprised of the County of Los Angeles, City of Los Angeles, .Council Minutes, November 19, 1974 = Page .7 representatives of the Los Angeles County Division of the League of California Cities, Caltrans, Southern California Rapid Transit Dis -. trict, and Southern California Association of Governments met and formulated a process for the cities in the Los Angeles -Long Beach. area to receive funds under the Federal Aid Highways Act of 1973. The process and guidelines are the result of a series of compro- mises between the agencies and it is necessary for the cities in the Los Angeles -Long Beach area to approve the process. Councilman Gilbertson expressed concern with the representation on the Joint Cooperative Federal Aid Urban Committee whose purpose is to develop and monitor the three -year program. Councilman Greenberg moved to adopt Resolution No. 74 -1409 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE FEDERAL AID URBAN COMMITTEE AS PROMULGATED BY THE JOINT COMMITTEE. AND SUPPORTED BY THE LEAGUE OF CALIFORNIA CITIES AND AUTHORIZING THE CITY'S LEAGUE REPRESENTATIVE TO SUPPORT THE URBAN COMMITTEE, . seconded by Councilman Merritt and carried on a roll call vote:. ROLL CALL: AYES: Councilmen - Greenberg, Merritt, Dennis NOES: Councilmen- Gilbertson ABSENT: Councilmen - Tyrell 13. APPLICATION FOR FAU FUNDING - LOWER AZUSA ROAD CONSTRUCTION OF PHASE II AND PHASE III City Manager Koski presented background information stating the City has requested an application be submitted under the Federal Aid Highway Act of 1973 for the resurfacing of Las Tunas Drive; however, the next two phases of the Lower Azusa Road project could be con- structed using the funding available under the Federal Aid Highway Act of 1973 if the City of El Monte and the County of Los Angeles agree to a cooperative application for FAU funds. It is therefore recommended the Mayor submit a letter to the County requesting thir- cooperation and designating its three year entitlement to this job as its proportionate share of Phase II and Phase III. Councilman Merritt moved to authorize Mayor to submit a letter to the County, seconded by Councilman Gilbertson and carried. 14 RESOLUTION NO. 74 -1410: EMPLOYMENT OF PERSONNEL Councilman Merritt moved to 'adopt Resolution No. 74 -1410 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING. PERSONNEL, seconded by Councilman Greenberg and carried. 15. RESOLUTION NO. 74 -1411: WARRANTS & DEMANDS, Demand Nos. 999 THRU 1088 in the amount of $41, 706.82 Councilman Gilbertson moved to adopt Resolution No. 74 -1411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $41,706.82, DEMAND NOS. 999 THRU 1088 -, seconded by Councilman Greenberg and carried. 16 COMMUNICATIONS: A. Temple City Kiwanis - Request for "Line of Dimes'', January 24, 1975 City Manager Koski presented a communication from the Temple City Kiwanis Club to conduct "Line of Dimes" solicitation on January 24, 1975 from 11:30 a.m. to 5:00 p.m., in the left turn pockets on Las Tunas_Drive east and west of Temple City Boulevard, and north and south of Las Tunas, between the east and west alleys; and for "Mother's March" from 6:00 p.m. to 8:00 p.m. to be held January 27 through 31, 1975. Councilman Gilbertson moved to approve the request as outlined in their letter dated November 4, 1974, provided that automobile solicitation be conducted by adults 18 years of age or over, and subject to the City being named additionally insured, seconded by Councilman Merritt and carried. Council Minutes, November 19, 1974 - Page 8 B. Temple City Ramrodders - Request for City to co -host Rams Award Banquet .. . City Manager Koski presented a communication from the Temple City Ramrodders inviting City to co -host Awards banquet to be held. December 11, 1974, Brookside Clubhouse. Councilman Gilbertson moved to respectfully decline invitation of Temple City Ramrodders and direct a letter be sent conveying City Council pride and admiration in all athletic activities conducted -at:the- school and I this year's varsity football team's accomplishments; seconded by Councilman Greenberg and carried. 7. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Miss Debbie Gomez requested Council's consideration of again implementing a Temple Trolley for the Christmas shopping" season, and suggested some system be devised- to control the ridership. Mrs. Marianne Milch, Temple City Chamber of Commerce, advised that due to resignations on the Board of Directors -, three new directors have been appointed. Mrs. Milch also reminded Co-uncil.of the monthly Social Mixer being held Wednesday, November 20. 18. MATTERS FROM CITY OFFICIALS: A. West San Gabriel Valley Juvenile Diversion Project City Manager Koski advised the Board of Directors of the West San Gabriel Valley Juvenile Diversion Project requested the participating cities appoint an alternate board member. Councilman Gilbertson moved to delegate Council- man Greenberg alternate to the Board -of Directors, seconded by Councilman Merritt and carried. B. Councilman Merritt moved to adopt Resolution No. 74 -1412 supporting the cooperative holiday safety programs of the Greater Los Angeles Chapter of the National Safety Council, seconded-by Councilman Greenberg and carried C. Intra -City Transportation City Manager Koski advised staff investigated-possible alternatives to the Temple Trolley and found- that dial=a -ride system-presents benefits superior to the fixed line system used during the 1973 Christmas season. Mrs. Marianne- Milch advised the - Chamb-er. of, Commerce- Board -of Directors discussed the .reimp•lementation''of the Temple Tro"lley- at - their meeting held November "14, 1974 and voted not- to "participate" in a fixed route transportation mode, based upon "1973 -results that-the cost per rider was approximately $3 and 90% of the ""riders- =were youths aged 9 to 15. Council referred memo dated November 15, 1974, report and -cost summary of dial -a -ride to the Chamber of ; Commerc-e :- for their" review and comment prior to "the City" Council meeting to be held-Tuesday, December 3, 1974. D. Transit Technical Study City Manager Koski presented .communi-cation from "Wilbur Smith & Associates who are under contract to the Southern California -Rapid Transit District to conduct a transit study for -the San Gabriel Valley, requesting City receive questionnaires which will be published in local newspapers to provide recommendations- for improved transit service. Council approved request to collect questionnaires at the City Hall as a public service. ADJOURNMENT : On motion by Councilman Gilbertson, seconded" by Mayor- Dennis the meeting adjourned at 10:50 p.m. Next regular meeting-of the". City Council will be held Tuesday, December 3, 1974, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: VitAtr,n_tt- Cb`ief Deputy City Clerk