HomeMy Public PortalAboutCity Council_Minutes_1976-02-17_Regular 1976CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
February 17, 1976
INITIATION:
1. Mayor Gilbertson called the regular meeting of the City Council
to order at 7:35 pm. on Tuesday, February 17, 1976, in the Coun-
cil Chamber of the City Hall,
2. The invocation was given by Mayor Gilbertson.
3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson.
4. ROLL CALL:
Present: Councilmen - Dennis, Greenberg ,Merritt,Tyrell,Gilbertson
Absent: Councilmen -None
Also Present: .City Manager Koski, City Attorney Martin, Assistant
City Manager Biel, Director of Planning Dragicevich,
Parks and Recreation Director Kobett
5. APPROVAL OF MINUTES:
Councilman Dennis moved to approve the minutes of the regular
meeting held February 3, 1976, as written, seconded by Councilman
Greenberg and carried.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: AMENDMENT TO ZONING CODE RE: DEVELOPMENT STANDARDS
FOR R -3 AND R -4
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held January 13,
1976, adopted Resolution No. 76,76 -668PC recommending a minimum
lot area of 10,000 sq. ft. for newly created lots for R -3 and R -4
zoned properties. Current regulations for multiple residential
development require each lot in R -3 and R -4 have 10,000 sq. ft.,
however, the ordinance does not specify the density standards if
the mimimum lot area is not met,
Mayor Gilbertson opened the public hearing. Councilman Merritt
moved to include the minutes of the Planning Commission as part of
the public hearing, seconded by Councilman Greenberg and carried.
No one came forward to speak. Councilman Dennis moved to close the
public hearing, seconded by Councilman Merritt and carried.
In answer to question by Councilman Tyrell whether a property with
only 5,000 sq. ft. could be developed with apartments, City Attorney
Martin advised only to the extent that the developer meet the density
requirements, which are sufficient to control a small lot's develop-
ment.
Councilman Greenberg moved to certify the Negative Environmental
Impact Report, seconded by Councilman Merritt and carried.
City Attorney Martin introduced Ordinance No. 76 -431 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE
CITY ZONING CODE RELATING TO REQUIRED LOT SIZES for first reading
by title only. Councilman Dennis moved to waive further reading,
seconded by Councilman Merritt and carried.
7. PUBLIC HEARING: AMENDMENT TO ZONING CODE RE: APPROPRIATE ZONING
FOR ADULT BUSINESSES
City Manager Koski presented background information, stating the
City Council adopted an urgency ordinance relating to adult businesses
November 4, 1975 and referred the matter to the Planning Commission
for their review. Planning Commission, at their regular meeting
Council Minutes, February 17, 1976 - Page 2
held January 13, 1976, adopted Resolution No. 76 -669PC recomuiending
an amendment to the Temple City Zoning Code relating to adult
businesses; City Council, at their meeting held January 20, 1976,
set public hearing February 17, 1976.
City Attorney Martin advised that some months ago, the City decided
to pioneer in the field of control of adult businesses and draft
new type of ordinance enforcing against these types of businesses.
In the past, the usual control by state law has not proven satis-
factory; some cities have tried nuisance abatement program. City
Council adopted an urgency ordinance in November to prohibit all
adult businesses, being defined as any business which is conducted
exclusively for the patronage of adults, from the premises of which
minors are specifically excluded by law, or person in possession.
This ordinance has remained in effect while being processed by the
Planning Commission; the Planning Commission has now recommended
the ordinance become permanent. In addition to controlling pornog-
raphy or public nuisance, the City is now adopting, by zoning,
relief from adult businesses.
Councilman Greenberg moved to include the minutes of the Planning
Counuission as a part of the record, seconded by Councilman Merritt
and carried.
Mayor Gilbertson opened the public hearing.
Ms. Barbara Massina, 1101 South Second St., Alhambra, stated she
wished to impress on the City Council that once an adult book store
opens for business it is very difficult to control; she hoped the
ordinance covers the entire city, explaining Alhambra had such an
ordinance but unfortunately it did not cover a portion of the
business district and an adult book store was able to get in.
Mr. George Barry, 4906 Camellia, stated he is in favor of the ordi-
nance, but warned Council not to mistake that they are regulating
morals as he feels there are many closet voyeurs.
Mrs. Mary Lou ,Swain, 5758 Agnes, stated she is pleased to see the
City Council adopt such an ordinance which will help keep the City
a more desirable business community and attract the right shoppers
to our community.
There being no one else to speak to the issue, Councilman Merritt
moved to close the public hearing, seconded by Councilman Greenberg
and carried.
Councilman Dennis questioned whether this ordinance would preclude
the Temple Theater from showing X -rated movies to which City Attorney
Martin responded the ordinance would prohibit X -rated movies since
minors are excluded.
Councilman Greenberg moved to certify the Negative Environmental
Impact Report, seconded by Councilman Merritt and carried.
City Attorney Martin introduced Ordinance No. 76 -432 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE
RELATING TO ADULT BUSINESSES for first reading by title only.
Councilman Merritt moved to waive further reading, seconded by
Councilman Greenberg and carried.
8 PUBLIC HEARING: APPROVAL OF TENTATIVE TRACT NO. 31181 - 9667
through 9705 LOWER AZUSA ROAD
City Manager Koski presented background information stating the
Planning Commission, at their regular meeting held January 13,
1976, adopted Resplutiort No. 76 -673PC recommending approval of
Tentative Tract No. 31181, subject to a variance for substandard
lot areas and building setbacks for one of the parcels. Subject
property is located on Lower Azusa Road, east of Camellia Avenue,
consists of three lots and has a total of 2.57 acres, 12 single
Council Minutes,Fetrruary 17, 1976 - Page 3
family residential lots are proposed. The basic issue was the
future design of Kauffman Avenue, and Planning Commission recommends
that Kauffman Avenue be extended through the proposed subdivision
to Lower Azusa Road and that the subdivider participate with the
City in acquiring undedicated portion of Kauffman Avenue, south of
Sparklett for access purposes. The proposed subdivision conforms
with the City's zoning map and the General Plan, as amended.
Councilman Merritt moved to include the Planning Commission minutes
as a part of the record, seconded by Councilman Dennis and carried.
Mayor Gilbertson declared the public hearing open. Planning Director
Dragicevich gave staff report using Exhibits "A ", "B ", and "C" to
explain three alternatives for access to the development - alterna-
tive "A" having access from Lower Azusa Road and cul -de -sac at
Kauffman, alternative "B" extending Kauffman Avenue to.cu1- de,,,sac at
Lower Azusa Road, and alternative "C" extending Kauffman Avenue
through to Lower Azusa Road. Planning Commission recommends Alter-
native "C" with the requirement the developer participate with the
City in acquiring the necessary right -of -way for a public street.
In approving the Tentative Tract, Planning Commission attached 20
conditions pertaining to the Subdivision Map Act; an Environmental
Impact Report was prepared as required by law.
Mayor Gilbertson declared the public hearing open.
Mr. Jack Weber, J. B. Weber Development Company, stated he is satis-
fied with all the conditions required by the Planning Commission
resolution except Item #7, stating he could not agree with a require-
ment with the cost factor unknown, and would not like approval of
the development to be contingent on that requirement.
Mr. Geor e Barr , 4906 Camellia, stated he is in favor of the sub -
ivision an would like to see Kauffman Avenue extend through from
Lower Azusa Road, or as an alternative cul -de -sac at Lower Azusa Road.
In his opinion, the developer should not be required to participate
with the City in acquiring the right -of -way necessary to extend
Kauffman as a through street.
IIK Howard Grey, 4914 Kauffman Avenue stated he favors the Planning
Commission s recommendation to open Kauffman Avenue for police and
fire protection, In his opinion, the City has too many dead end
streets.
Mr, Angelo Kusie, 4913 Kauffman Avenue, stated he is in favor of
the subdiv -sign and would like-- to_._see Kauffman Avenue extend through
from Lower Azusa Road, although in his opinion, the City should
acquire the necessary right -of -way.
Mr. Mike Wilson, 4834 Camellia, stated he would-prefer to see the
development with Kauffman Avenue opened all the way through, or as
an alternative, Plan "A" with access from Lower Azusa with a cul-
de -sac at Kauffman Avenue.
Mr. John Roloson, 4850 Kauffman Avenue, stated he has no objection
to t e propose development, but does object to Planning Commission's
recommendation to extend Kauffman as a through street.
There being no other wishing to speak to the issue, Councilman
Greenberg moved to close public hearing, seconded by Councilman
Merritt and carried.
Councilman Merritt moved to find the measures as listed in the
Environmental Impact Report mitigates satisfactorily the project's
adverse impact such as additional traffic, air pollutants and energy
consumption, and that socio - economic factors outweigh certain'adverse
effects on the basis there is availability of additional dwellings
where there is a shortage of housing and the type and price of new
housing units will be tailored to the income level of Temple City
residents, seconded by Councilman Greenberg and carried.
Council Minutes, February 17, 1976 - Page 4
Councilman Merritt moved to find Tentative Tract is consistent with
the General Plan and Subdivision Map Act, seconded by Councilman
Greenberg and carried,
In brief discussion, it was the consensus of the City Council that
Alternative "C" is the most desirable, however approval of the
Tentative Tract should not be contingent on the developer acquiring
the necessary right -of -way.
Councilman Tyrell moved to approve Tentative Tract No. 31181 as
recommended by the Planning Commission, with Item #7 of Resolution
No. 76 -673PC being deleted, with the understanding that the developer
shall comply with Alternate "C ", leaving to the City whether to
continue Kauffman Avenue as a through street, seconded by Councilman
Merritt and carried.
Councilman Merritt moved to instruct the Superintendent of Streets
to negotiate with the property owners for the necessary right -of-
way to continue Kauffman Avenue as a through street from Lower Azusa
Road north, seconded by Councilman Dennis and carried.
9. PUBLIC HEARING: VACATION OF A PORTION OF LIVE OAK AVENUE WESTERLY
OF ROSEMEAD BOULEVARD
City Manager Koski presented background information, stating the
Community Redevelopment Agency is making the necessary preparations
to begin construction of the parking area for the community shopping
center; in order to provide a clear parking site, it will be necessary
to vacate the remaining portions of Live Oak Avenue, west of Rose=
mead Boulevard; City Council, at their regular meeting held January 20,
1976, adopted Resolution No. 76 -1520 setting public hearing February 17,
1976 on the proposed vacation, notice of public hearing was published
and posted pursuant to Streets and Highways Code.
Mayor Gilbertson declared the public hearing open. There being no
one come forward to speak, Councilman Merritt moved to close public
hearing, seconded by Councilman Greenberg and carried.
Councilman Dennis moved to find the Environmental Impact Report
prepared for the Rosemead Boulevard Redevelopment Project area is applic-
able to the vacation of portion of Live Oak Avenue and no new facts
have been discovered, seconded by Councilman Greenberg and carried.
Councilman Dennis moved to adopt Resolution No, 76 -1524 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING A PORTION
OF LIVE OAK AVENUE WESTERLY OF ROSEMEAD BOULEVARD, seconded by
Councilman Merritt and carried,
10, PUBLIC HEARING: VACATION OF A PORTION OF WEDGEWOOD STREET'WESTERLY
OF ROSEMEAD BOULEVARD
City Manager Koski presented background information, stating the
Community Redevelopment Agency is making the necessary preparations
to begin construction of the parking area for the community shop-
ping center; in order to provide a clear parking site, it will be
necessary to vacate the'remaining portion of Wedgewood Street,
westerly of Rosemead Boulevard with the exception of the street
right -of -way on Wedgewood Street abutting the Burger King property;
City Council, at their regular meeting held January 20, 1976,
adopted Resolution No, 76 -1521 setting public hearing February 17,
1976 on the proposed vacation, notice of public hearing was pub-
lished and posted pursuant to Streets and Highways Code.
Mayor Gilbertson declared the public hearing open. There being no
one come forward to speak, Councilman Merritt moved to close the
public hearing, seconded by Councilman "Dennis and carried,
Councilman Dennis moved to find the Environmental Impact Report
prepared for the Rosemead Boulevard Redevelopment Project area is
applicable to the vacation of portion of Wedgewood Street and no
new facts have been discovered, seconded by Councilman Merritt and
carried.
Council Minutes, February 17, 1976 - Page 5
Councilman Merritt moved to adopt Resolution No. 76 -1525 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING A PORTION
OF WEDGEWOOD STREET WESTERLY OF ROSEMEAD BOULEVARD, seconded:.by.y:.
Councilman Greenberg and carried.
11. RESOLUTION NO. 76 -1526: RECOMMENDING SOUTHERN CALIFORNIA ASSOCIATION
OF GOVERNMENTS REFRAIN FROM COMPETING FOR STATE AND FEDERAL GRANTS
Councilman Greenberg moved to adopt Resolution No. 76 -1526 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RECOMMENDING
THAT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REFRAIN
FROM COMPETING FOR STATE AND FEDERAL GRANTS, seconded by Councilman
Merritt and carried.
12. RESOLUTION NO. 76 -1527: CONCURRING IN THE COUNTY SOLID WASTE
MANAGEMENT PLAN
Councilman Merritt moved to adopt Resolution No. 76 -1527 A RESOLU-
TION OF THE CITY OF TEMPLE CITY CONCURRING IN THE COUNTY SOLID WASTE
MANAGEMENT PLAN, seconded by Councilman Greenberg and carried.
13. ACCEPTANCE OF WORK: DEMOLITION CONTRACT #2 - GLICKMAN AVENUE
City Manager Koski advised that City Council, at their regular
meeting held December 16, 1975, awarded demolition contract No. 2
to Crowell & Larson in the amount of $5,330 to remove a portion of
Glickman Avenue adjacent to Live Oak Park; the contractor completed
the work on February 6, 1976 and the Department of County Engineer
has recommended acceptance of the work.
Councilman Dennis moved to accept the work as recommended by the
County Engineer, authorize payment in the amount of $4,797.00, and
authorize filing of Notice of Completion and release of 10% reten-
tion in the amount of $533 at the end of the 35 -day lien period,
seconded by Councilman Merritt and carried.
NEW BUSINESS:
14. AMENDMENT TO SEWER RECONSTRUCTION ORDINANCE
City Manager Koski presented background information, stating the
City Engineer has suggested the Sewer Reconstruction Ordinance
be amended by deleting the peak flow rate for car washes, allowing
the City Engineer to determine a peak flow in each case depending
on the equipment and water saving devices employed) in the design
and construction of the car wash operation.
City Attorney Martin introduced Ordinance No. 76 -433 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 5314 OF THE TEMPLE
CITY MUNICIPAL CODE (AS RECODIFIED) RELATING TO PUBLIC SEWERS,
for first reading by title only. Councilman Merritt moved to
waive further reading, seconded by Councilman Greenberg and carried.
15. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of February 10,
1976, CODIFICATION OF MUNICIPAL CODE - ZONING CODE AND SUBDIVISION
SECTION
City Manager Koski advised the Planning Commission, at their regular
meeting of February 10, 1976, reviewed the codification and contents
of newly- revised Zoning Code and referred the matter to the City
Council for further action.
City Attorney Martin introduced Ordinance Noo 75 -403 AN ORDINANCE
OF THE CITY OF TEMPLE CITY ADOPTING REVISIONS AND RECODIFICATION
OF THE ORDINANCES OF SAID CITY. SAID REVISIONS ARE ENTITLED "MUNIC-
IPAL CODE CITY OF TEMPLE CITY" AND "ZONING CODE CITY OF TEMPLE CITY"
for first reading by title only.
Councilman Dennis moved to set public hearing relating to the adoption
of the revisions and recodification of the ordinances March 2, 1976,
seconded by Councilman Greenberg and carried. Councilman Merritt
moved to waive further reading of Ordinance No. 75 -403, seconded by
Councilman Greenberg and carried.
Council Minutes, February 17, 1976 - Page 6
16. PETITION FOR INSTALLATION OF STREET LIGHTS - NADINE STREET,
9800 -9900 BLOCK
City Manager Koski advised a petition was circulated for installa-
tion of 7 steel poles with overhead service in the 9800 -9900 block
of Nadine Street; petition was returned with signatures of property
owners representing 667 of the front footage of the block; prop-
erties facing Nadine Street between the subject limits are currently
in Zone B of the Lighting District with the exception of one prop-
erty which is in Zone A and in order to upgrade street lighting,
all of the properties not currently in Zone A will have to be
annexed from Zone B to Zone A. Property owners were informed and
are aware that the annexation and attendant costs are part of the
petition process,
Councilman Dennis moved to accept the petition, set public hearing
March 16, 1976 and instruct the Superintendent of Streets to notify
the affected property owners, seconded by Councilman Merritt and
carried.
17. RESOLUTION NO, 76 -1528: WARRANTS & DEMANDS, Demand Nos. 3642 thru
3714 in the amount of $21,643.93
Councilman Merritt moved to adopt Resolution No. 76 -1528 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS
AND DEMANDS IN THE SUM OF $21,643.93, DEMAND NOS. 3642 THRU 3714,
seconded by Councilman Dennis and carried, Councilman Greenberg
abstaining with regard to Check No. 3692.
18. COMMUNICATIONS:
A. San Gabriel Academy of Seventh -Day Adventists - Request to
Hang Street Banner, March 5 through 16, 1976
City Manager Koski presented communications from San Gabriel
Academy of Seventh -Day Adventists requesting permission to hang a
banner across the intersection of Temple City Boulevard and Las
Tunas Drive, March 5 through 16, 1976 to advertise a "Free Stop
Smoking Clinic
Councilman Merritt moved to approve request of San Gabriel Academy
of Seventh -Day Adventists, subject to the necessary certificate of
insurance naming the City of Temple City additionally insured,
seconded by Councilman Greenberg and carried.
Bo Rental Agreement - Dayton Interiors, 5843 Temple City Boulevard
City Manager Koski presented communication from Dayton Interiors
requesting to exercise their option to extend their lease at
5843 Temple City Boulevard for an additional two years as provided
in the lease agreement, in addition to which they are asking for
an additional 5 -year extension of the lease.
Councilman Tyrell moved to approve extension of lease for a 2 -year
period as provided in the lease agreement, and directed staff to
negotiate terms for additional options relative to the length of
time and compensation for monthly rental, seconded by Councilman
Greenberg and carried,
C. Temple City Bicentennial Committee - Request to Erect Flag
Pole in Live Oak Park
City Manager Koski presented communication from Temple City Bicen-
tennial Committee requesting permission to erect a flag pole in
Live Oak Park and proposing a dedication ceremony June 13, 1976.
Mayor Gilbertson, at this time, requested the appointment of
Councilman Greenberg as :City representative to the Bicentennial
Committee due to his busy schedule as a candidate for the State
Assembly. Council confirmed Councilman Greenberg's appointment
as City representative to the Bicentennial Committee and requested
he meet with them to discuss in detail their request to erect a
flag pole in Live Oak Park.
Council Minutes, February 17, 1976 - Page 7
19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
RECESS TO CRA:
The City Council recessed at 9:02 p.m. to meet as the Community Redevelop-
ment Agency, all members being present, approved the minutes of the regular
Imeeting held February 3, 1976; adopted resolution approving Declaration
of Establishment of Easements between Agency and EGS; concurred with the
Planning Couuiiission relating to CUP Case 75 -460, CUP Case 76 -465, and CUP
Case 76 -466, relating to car wash located in project area Parcel "B ",
public parking facilities, and savings and loan building respectively;
approved plans for the construction of parking lot and off -site improve-
ments, including traffic signal installation and authorized staff to
solicit bids; adopted resolution approving warrants and demands. Minutes
are set forth in full in the minutes of the Agency.
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RECONVENE AS CITY COUNCIL:
20. ACTION ON REQUEST BY CRA:
A. Consent to Declaration of Establishment of Easements, Covenants
and Option between CRA and EGS
Pursuant to request by Community Redevelopment Agency, Councilman
Merritt moved to consent to Declaration of Establishment of Ease-
ments, Covenants and Option between Agency and EGS, seconded by
Councilman Greenberg and carried.
B. Appeal to CUP 76 -466 Relating to Free Standing Sign
On motion by Councilman Tyrell, seconded by Councilman Dennis and
carried, City Council set public hearing March 16, 1976 to consider
appeal to Planning Commission Resolution No. 76 -681PC relating to
a free standing sign.
C. Traffic Signal Plan
On motion by Councilman Tyrell, seconded by Councilman Dennis and.
carried, City Council approved plans for traffic signal installation
to be coordinated with bid package for the construction of parking
lot and off -site improvements in the Rosemead Boulevard Redevelopment
Project area.
21. MATTERS FROM CITY OFFICIALS:
A. Environmental Impact Report Relating to Golden West Improve-
ment Project
City Manager Koski advised that it was discovered that three trees
would be required to be removed on Golden West Avenue south of
Hallwood after the County Road Department,staked the property to
determine project limit lines and even though a Negative Declara-
tion had been prepared, there are overriding considerations for
the removal of the trees in that curb will eliminate an existing
environmental public nuisance of standing water and flooding of
adjacent property, and the placement of the trees at the curb
line would constitute a public hazard.
Councilman Merritt moved to find that there is no adverse environ-
mental impact involved in the removal of the three trees in that
they are small, establish no definitive program and at a later
date will be replaced with a coordinated program of street trees;
and that there are overriding considerations for the removal of
the trees as stated, seconded by Councilman Greenberg and carried.
Council Minutes, February 17, 1976 - Page 8
Bo Councilman Tyrell requested staff include an information article
in the next Newsletter regarding ways by which residents of the
community can assist in eliminating illegal telephone solicitations.
Co Councilman Greenberg directed
received from the City of Burbank
the Environmental Study necessary
operations of. the Burbank Airport.
Council's attention to the letter
requesting financial support for
to their efforts to maintain
No action was taken.
D. Mayor Gilbertson directed Council's attention to his memo
dated February 12, 1976 regarding Supervisor Ward's proposed "Sun-
set Coast Line" to provide a fixed rail rapid transit system for
the Los Angeles area. On motion by Councilman Tyrell, seconded
by Councilman Merritt and carried, City Council opposed "The Sun-
set Coast Line" proposal.
22. ADJOURNMENT:
On\ motion by Councilman Greenberg, seconded by Councilman Merritt
and, carried, Council adjourned at 9:45 p.m. Next regular meeting
of the City Council will be held Tuesday, March 2, 1976, 7 :30 p.m.
in the Council Chamber of the City Hallo
ATTEST:
Chi Deputy City Clerk
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