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HomeMy Public PortalAboutCity Council_Minutes_1975-04-15_Regular 1975CITY OF TEMPLE CITY CITY COUNCIL MINUTES April 15, 1975 INITIATION: I1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, April 15, 1975, in the Council Chamber of the City Hall. 1 2. The invocation was given by Father Eaman O'Gorman, St. Luke's Catholic Church, 9451 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: Present: Councilmen- Greenberg, Merritt, Tyrell, Gilbertson Absent: Councilmen - Dennis 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 Councilman Greenberg moved to excuse Councilman Dennis for cause, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: 0 Councilman Merritt moved to approve the minutes of the regular meeting of the City Council held Tuesday, April 1, 1975, as written, seconded by Councilman Greenberg and carried. Mayor Gilbertson presented proclamations declaring the week of April 21 "Public Schools' Week" to Mr. Bill Ross, Worshipful Master of Temple City Lodge No, 612, and Mr, Richard Lucas, Worshipful Master of Camellia Lodge No. 805. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. VACATION OF A PORTION OF LIVE OAK AVENUE, + 330' WEST OF ROSEMEAD BOULEVARD TO EATON WASH City Manager Koski presented background information stating the City Council, at their regular meeting held March 18, 1975, adopted Resolution No, 75 -1439 declaring its intent and set public hearing to vacate a portion of Live 0ak Avenue, west of Rosemead Boulevard; the vacation is necessary in order to provide clear title to the building pad area in the redevelopment project area; an easement for sewer needs is to be reserved for the Sheriff's station until an alternate connection can be provided. Mayor Gilbertson opened the public hearing. Public Works Coordinator Leonetti advised the County Engineer investigated alternative methods of providing sanitary sewer service for the Sheriff's station now served by a sanitary sewer in Live Oak Avenue which will be abandoned with the development of the CRA project. The County Engineer recom- mends the Blue Route as shown on Exhibit 1 as the most feasible route; sufficient funds are available in the Sewer Reconstruction Fund. There being no one in the audience who wished to speak to the subject, Councilman Tyrell moved to close public hearing, seconded by Council- man Greenberg and carried. Councilman Tyrell moved to find the Environmental Impact Report pre - pared for the Rosemead Boulevard Redevelopment Project area is appli- cable to this matter and no new facts have been discovered, and to Council Minutes, April 15, 1975 - Page 2 adopt Resolution No. 75 -1447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING A PORTION OF LIVE OAK STREET WESTERLY OF ROSEMEAD BOULEVARD, seconded by Councilman Merritt and carried. Councilman Tyrell moved to authorize the preparation of design for sanitary sewers and connection to the Sheriff's station and ad- vertising for bid for the Blue Route as approved, seconded by Council- man Greenberg and carried. 7 PUBLIC HEARING: 7:30 p.m. ZONE CHANGE FROM R -1 TO R -2, 9619 THROUGH 9633 BROADWAY - ZONE CHANGE CASE 75 -436 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held March 11, 1975, adopted Resolution No. 75 -613PC recommending to the City Council a change of zone from R -1 to R -2 for the subject property based on the fact that; 1) the proposed zone change is compatible with the applicable provisions of the General Plan; 2) the proposed zone change is compatible with existing development of the subject property and the neighborhood; and 3) the proposed zone change will provide a buffer between the R -3 and R -1 zoning in that area; City Council, at their regular meeting of March 18, 1975 set public hearing for April 15, 1975. Councilman Dennis arrived at 7:45 p.m. Mayor Gilbertson declared the public hearing open. Planning Director Dragicevich.gave staff report, :advising the subject property had been the subject of zone change requests 'twice in the past; the property contains six dwelling units zoned R -1; the area surrounding this property is zoned R -3 to the north, R -1 to the east, R -1 to the south, and R-3 ' to the west; •there are two cgndominiums in the immediate vicinity. Planning Director advised the applicant has no immediate plans to add any units but does plan to replace three older structures; the maximum potential development would be ten units. An Environmental Impact Report has been prepared which indicates the subject area will contain the same number of dwelling units as at present and there will be no substantial adverse effect on the Environment pursuant to the California Environmental Quality Act of 1970. Mrs. Dorothy Zappia, applicant, advised Council she intends to main- tain the same number of units now existing; her plan is to remove and replace three of the older structures. In Opposition: Mr. McLean, 9614 Broadway, stated his concern that a condominium would be constructed after the change-of zone'is granted. Mr. McLean was advised that under R-2 zone the maximum development could be ten units which would not be profitable condominium planning. There being no one-else to speak to the subject, Councilman Merritt moved to close public hearing ,•seconded by Councilman Greenberg and carried. Counciiman Merritt. moved that the draft Environmental Impact Report be amended to include the comments of those testifying at the public hearing by incorporating a-copy of the minutes in the report; that the City Council certify the Environmental Impact Report has been completed-in-conformance-with-the California Environmental Quality Act and the'state guidelines, and thatthe City Council has reviewed and considered-the-information contained in the report; and that any adverse environmental.imp.act.contained in the report is overruled and counter- -balanced-by-economic-and-social needs, objectives and concerns in pro- viding-this community with private or public improvements of municipal import as set forth in the findings indicated in the minutes, seconded by Councilman Dennis and carried. 1 Council Minutes, April 15, 1975 - Page 3 Councilman Merritt moved to approve change :of zone from R -1 to R -2 for property located at 9.619through'9633 Broadway and instruct the City Attorney to prepare the appropriate ordinance, seconded by Councilman-Dennis and carried. 8. PUBLIC HEARING: 7:30 p.m. ZONE'CHANGE FROM R -3 TO C -2, 5200 THROUGH 5230 N. ROSEMEAD BOULEVARD - ZONE CHANGE CASE 74 -437 City Manager Koski presented background information, stating the Planning Commission held public hearing March 25, 1975 and adopted Resolution No, 75 -614PC recommending to City Council a change of zone from R -3 to C -2 for the subject property based on the fact that; 1) the proposed site has adequate access and is otherwise suitable for commercial development; 2) the proposed zone is compatible with the existing development in the vicinity; and 3) the proposed zone is compatible with applicable provisions of the General Plan; City Council, at their regular meeting held April 1, 1975, set public hearing on this matter for April 15, 1975. Mayor Gilbertson declared;.the public hearing open. Planning Director Dragicevich gave staff report advising subject property is three contiguous parcels which are presently undeveloped, gave zoning history, and •advised the area surrounding the subject property is developed as general commercial with church property to the north, single family and light -multiple-residential uses to the south and: east, heavy multiple use In the county area to the west. A change of zone is needed for the northernmost parcel to relocate an animal hospital that has been serving the community. for 17. years for which a Conditional Use Permit has been granted pending the proposed rezoning. Councilman Dennis moved:to include the Planning Commission minutes as a part of the record, seconded by Councilman Merritt, and carried. Dr, William Walker, applicant; stated his proposed development on the northernmost parcel-in question had adequate access off Sereno Drive , has adequate parking facilities,. and will be constructed with sound- proof mater.ials.. In his opinion the intended development will be more compatible with the surrounding area than 'the .potential density under the present zoning. Mr.:-Hale Noelte, representing his mother who lives at 5331 Sereno Drive, statecf.his mother supports the zone. change request and views it as a buffer.b etween her R -2 property and the R -3 property to the west. In Opposition: Mr. David Brinkley; 5227 Ser.eno, Pastor of the Church of Christ, stated he was opposed. to the propertybeing rezonedi,to C -2; that since the motorcycle distributorship was. constructed to the west of the church, they have had a great deal of disturbance from the noise eminating from that establishment;..-that the church is in use consistently during the week, as well as for.Sunday services, Mr: Lazelle.Sp.eegle; •Elder of the Church of Christ, stated he had spoken.•to the Planning.Couulission when the commercial zone was estab- lished-on the north side ;of Sereno Drive and Rosemead and•that the change and developmentof-the motorcycle shop has not been compatible with the church. The church has youth activities in the •evening and 'because of the high increase in patrolling by the Sheriff's Department since the motorcycle sho.p.opened,'attendance by the youth has fallen off. In his opinion,.fur.ther commercial zoning will only produce further deterioration of the neighborhood. Mr, Jack Decker, Secretary of the Board of Trustees for the Church of Christ, submitted a.letter with 59 signatures'opposing the zone change, primarily on the basis.of the increased noise, vandalism and theft since the development of the motorcycle dealership.' Mr. Decker stated, in his opinion, the subject property could be developed as single family residential. use, 1 1 1 Council Minutes, April 15, 1975 - Page 4 Ms. :Jud Morse;. 5336 Rosemead- -.Boulevard, opposed the zone change on t e asis o potential noise from the animal hospital. Mrs Ray Herndon; 9011 Evans.port;.Rosemead,. member of the Board of -Trustees for the Church of Christ voiced his opposition to the change of zone. Mr. Harold Morse, 5336 Rosemead. Boulevard, .. opposed the change of zone, stating an animal hospital would generate a great deal of noise. In rebuttal, Dr. Walker stated his animal hospital would be developed and operated under a conditional use permit which would give the City a great deal of control; that someone would be an_.the premises at all times as is now the case. Mrs. Anna Brinko, 8922 Wedgewood; stated she has lived in close proximity to Dr. Walker's animal hospital for 12 years and has never been dis- turbed by noise eminating from the hospital. Mrs. Dorothy Zappia, 9.625 Broadway, stated she also lived very close to Dr. Walker's animal hospital and was never disturbed by noise; that the property was clean and well kept and an asset to the neighborhood. Mr. Daniel Arquette, 4863.` Golden West Avenue, stated if a change of zone was necessary to keep Dr. Walker in Temple City, he would support a change of zone. Mr. Mark Nottingham 9.57.5 Broadway, stated his support of a change of zone to accommodate the animal hospital. Councilman Dennis moved to close public hearing, seconded by Council - man Merritt and carried. Councilman Dennis stated the-public hearing is to consider a zone change -andnot-. the animal..hosp.ital;..that once a change is made the City has no alternative than .to accept whatever is permissible under C -1 or -C -2 zoning..- Councilman..Dennis.fur.ther stated a church use as a type of activity is. something different from residential activity and in-.his opinion church use.may be related to residential as com- mercial is•related to church and he•would be in favor of granting a zone change. Councilman Greenberg sta.ted.in-his.opinion'the high volume of traffic on Rosemead Boulevard is not .conducive to developing this property as single family residential as.•an opponent to the zone change has suggested; .that ,i.t has been zoned R. -3. since 1964 and no one is appar- ently-interestedin that.type'of development. He felt the area is 'suitable-for-commercial development and would favor a zone change. -Councilman-Tyrell questioned whether-it-would be appropriate to join the three parcels.in.one.zone-change-which could lead to problems in the future; in that it•is. not known at this time what is planned for the southernmost parcels.. Councilman Tyrell stated he would like to consider the northernmost parcel only. Councilman Merritt agreed-.with.Councilman Tyrell that a zone change should be considered for the two southernmost parcels when it is known what might be developed. Councilman Tyrell moved to approve change of zone for the northernmost parcel only, seconded by Councilman Merritt. City Attorney advised the motion .would include suspending action on the two southernmost parcels-pending further study.- Following brief discussion with r.es.pect.to splitting the parcels, Councilman Merritt withdrew his second. Mayor Gilbertson seconded the motion which carried on .a roll call vote: ROLL CALL: . . AYES.: Councilmen- Greenberg; Tyrell, Gilbertson NOES: Councilmen- Dennis, Merritt Council Minutes, April 15, 1975 - Page 5 Councilman Tyrell moved that the draft Environmental Impact Report be amended to include the comments of those testifying at the public hearing by incorporating a copy of the minutes in the report, that the City Council certify that the Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the state guidelines and-that the City Council has reviewed and considered the information contained in the report, and that any adverse environmental impact contained in the report is overruled and counterbalanced by economic and social needs, objectives and concerns in providing this community with private or public improvements of municipal import as set forth in the findings indicated in the minutes, seconded by Councilman Dennis and carried. City Attorney Martin introduced Ordinance No. 75 -399 AN ORDINANCE OF THE CITY OF TEMPLE CITY ESTABLISHING A CHANGE OF ZONE IN ZONE CHANGE CASE NO. 75 -437, by title only. Councilman Tyrell moved to waive further reading, seconded by Mayor Gilbertson and carried. Councilman Greenberg moved to refer Parcel 7, Portion of Lot 38 and Parcel 8, Portion of Lot 39 back to the Planning Commission for further study and recommendation, seconded by Councilman Tyrell and carried. 9. ORDINANCE NO. 75 -398: 2nd read. ABATEMENT OF ABANDONED AND NON- CONFORMING CURB CUTS AND DRIVEWAYS City Attorney Martin presented Ordinance No. 75 -398 AN ORDINANCE ADDING NEW SECTIONS 9296.1, 9296.2, AND 9296.3 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO DRIVEWAYS AND CURB CUTS for second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Greenberg and carried. Mayor Gilbertson declared a recess at 9:05 p.m. Council reconvened at 9:10 p.m. all members being present. 10. ORDINANCE NO. 75 -400: URGENCY ORDINANCE RE: SUBDIVISION MAP ACT City Attorney Martin advised City Council an urgency ordinance had been prepared and submitted to include those items required to be in local ordinance pursuant to Section 66410 of the Government. Code; however the City Engineer has reviewed the proposed urgency ordinance and suggests the possibility of procedural conflicts in processing tentative tract maps, and suggested the proposed urgency ordinance be postponed to give him adequate time to review the ordinance. Councilman Dennis moved to continue the matter to the regular meeting of the City Council to be held May 6, 1975, seconded by Councilman Merritt and carried. 11. APPROVAL OF PLANS AND SPECIFICATIONS - EATON. WASH AT ROSEMEAD BOULEVARD AND OLIVE - BEAUTIFICATION PROJECT City Manager Koski presented background information, stating the Los Angeles County Flood Control District has completed plans and specifications for the landscaping of Eaton Wash on the south side of Olive Avenue at Rosemead Boulevard and has requested City Council approve the plans and specifications so that they may proceed with the project. Councilman Tyrell moved to approve the plans and specifications and authorize the Flood Control District to proceed with the construction, seconded by Councilman Merritt and carried. 12. STREET LIGHTS: ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA City Manager Koski presented background information, stating the City Council, at their regular meeting held April 1, 1975, adopted Resolution No. 75 -1443 establishing Underground Utility District #3; Council Minutes, April 15, 1975 - Page 6 included in the Engineer's report. was. a recommendation for the inclusion of street lights within the underground utility district, however, no action on street lights was taken at this time. There are two alternatives for street lights: 1) conventional mercury vapor lamps, but with higher intensity than any currently in the lighting district, and-2) high- pressure sodium vapor lamps. Staff is proposing that Phase I, Rosemead Boulevard from Las Tunas to Broadway, and Broadway, Eaton-Wash to Rosemead, both sides, be installed in con - junction with-the underground utility district, Phase II to be installed at a future date. Councilman Tyrell moved to approve the installation of sodium vapor lamps in the Communi.ty'Redevelopment Project area, seconded by Councilman Merritt and carried. Councilman Tyrell moved to authorize the installation of street lights on Rosemead. Boulevard, Las Tunas Drive to Broadway and on Broadway, Eaton Wash to Rosemead Boulevard, both sides, by the Southern California Edi I 16. RESOLUTION NO. 75 -1449: WARRANTS & DEMANDS, Demand Nos. 1841 thru 1922 in the amount of $73,564.91 Councilman Tyrell moved to adopt Resolution No. 75 -1449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $73,564.91, DEMAND NOS. 1841 THRU 1922, seconded by Councilman Dennis and carried. Council Minutes, April 15, 1975 - Page 7 15. RESOLUTION NO, 75- 1448: OPPOSING AB 625 - Establishing a Bay Area Planning Agency City Attorney Martin presented resolution prepared at the request of. Mayor Gilbertson for. Council consideration. Councilman Tyrell moved to adopt Resolution No. 75 -1448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY. OPPOSING THE PASSAGE OF ASSEMBLY BILL NO. 625., ESTABLISHING A BAY AREA PLANNING AGENCY, seconded by Council- man Greenberg and carried. 1 IIIRECONVENE AS CITY COUNCIL: 17. COMMUNICATIONS: There were no communications. 18. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Lloyd Voorhes, 5332 Farago, expressed his concern on learning the County Assessor is reassessing property in the City with increases expected to be between 40- 5070:. He .expressed the hope that city officials will again become active in a movement to secede from Los Angeles County. Mayor Gilbertson advised Mr; Voorhes. that there is a movement to form an association of city. officials In the hope that cities collectively can better influence county officials. Mr. Boyce O'Bannon, 10316. Olive. Street, spoke' to the repeal of the NOx Smog bill and urged City.Council support. Governor Brown's signature. City Council, on a roll call vote, supported sending a telegram to Governor Brown urging his signature on the repeal bill: ROLL CALL: AYES: Councilmen - Dennis, Merritt, Tyrell, Gilbertson NOES: Councilmen- Greenberg Mr. Mark Nottingham, 9573 Broadway, requested Council agendas be mailed to him. Mr. Pat Owen, 5341 Santa Anita, expressed his support of a citizen's tax protest. RECESS TO CRA: The City Council recessed at 9 :55 'p.m. to meet as the Community Redevelop- ment Agency, all members being present, approved the minutes of the regular meeting held April 1, 1975, adopted resolution approving warrants and demands, and denied claims received from property owners within the Rose- mead Boulevard Redevelopment Project area. Minutes are set forth in full in the minutes of the Agency. 19. ACTION ON REQUEST BY CRA: A. Request for Advance of Funds Councilman Greenberg moved to approve an advance of additional funds in the amount of $39,633.95 to the Community Redevelopment Agency and amend the agreement with the Agency accordingly, seconded by Councilman Merritt and carried. III 21. ADJOURNMENT: Council Minutes, April 15, 1975 - Page 8 20. MATTERS FROM CITY OFFICIALS: A. Request for Authorization to Recruit for Summer Recreation Program Councilman Tyrell moved to authorize recruitment for necessary per- sonnel to conduct the summer recreation program, based on the depart - ment's need to recruit competent part time staff, seconded by Councilman Dennis and carried. B. Authorization for Expense Reimbursement Councilman Greenberg moved to authorize expense reimbursement to Councilman Tyrell in the event it becomes necessary for him to meet with the Governor's staff in Sacramento in support of Juvenile Diversion Project funding, seconded by Mayor Gilbertson and carried. - C. Housing and Community Development Act of 1974 City Manager Koski presented background information, stating City Council, at their regular meeting held February 18, 1975, authorized the City's participation in the Housing and Community Development Act of 1974 and executed an enabling agreement with the County. Subse- quently,.the Federal Housing and Urban Development Department dis- approved the agreement and is now requiring a new agreement. City Manager Koski presented the new agreement acceptable to HUD authorizing the County of Los Angeles to perform those actions necessary to implement community development activities specified in the County's application within the City. Councilman Tyrell moved to receive and file the report and agreement for participation in the Housing and Community Development Act of 1974, seconded by Mayor Gilbertson and carried. D. Ordinance No. 75 -401 - Urgency Ordinance Relating to Gambling City Attorney Martin presented Ordinance No. 75 -401 AN ORDINANCE OF THE CITY OF TEMPLE CITY. ANENDING SECTION 4265.3 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO GAMBLING AND DECLARING THIS ORDINANCE IMMEDIATELY EFFECTIVE by title only, advising that the existing code sections regarding gambling are deficient in certain particulars and have been placed in' jeopardy .by . a recent ruling of the Appellate Department of the Superior Court challenging a similar Los Angeles County Ordinance. .Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Dennis, Greenberg, Merritt, Tyrell, Gilbertson NOES: Councilmen -None City Attorney introduced. Ordinance. No. 75 -401 -A AN ORDINANCE OF THE CITY OF TEMPLE .CITY.AMENDING.SECTION 4265_3 CT THE TEMPLE CITY MUNICI- PAL CODE. RELATING -TO GAMBLING by .title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Merritt and carried. E. Santa Fe Dam Recreation Area Mayor Gilbertson advised he had received a communication from Supervisor Schabarum regarding a development proposal for the Santa Fe Dam area, a project in the early stages of planning. Mayor Gilbertson advised he would refer the matter to the Parks and Recreation Commission for review and comment. On motion by Councilman Tyrell,: seconded by Councilman Dennis, City Council adjourned at 10:05 p.m. Next regular meeting of the City Council will be held Tuesday, May 1975, 7:30 Vim. in the Council Chamber of the City Hall. �Y ATTEST: �-/ 661/./Met., Lei C ief Deputy City Clerk