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HomeMy Public PortalAboutCity Council_Minutes_1977-07-19_Regular 19771 CITY OF TEMPLE CITY CITY COUNCIL • MINUTES JULY 19, 1977 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, July 19, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Rabbi Alan Lachtman, Temple Beth David, 9677 Longden Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. 4. ROLL CALL: Present: Councilmen- Dennis, Greenberg, Tyrell, Merritt Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett At this time, Mayor Merritt announced that pursuant to statutory require- ments, if a vacancy occurs in an elective office and the City Council fails to fill it within thirty days, it shall immediately cause an election to be held to fill the vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. An appointee to the City Council is required to file Form 720, Statement of Economic Interests, ten days prior to the effective date of appointment. ICouncilman Greenberg moved the vacancy causeiby the resignation of Louis T. Gilbertson be filled by appointment, seconded by Councilman Tyrell and carried. Councilman Tyrell moved to appoint Tom D. Atkins, Jr. to the vacancy for the unexpired term of Louis T. Gilbertson, seconded by Councilman Greenberg and carried. Mayor Merritt introduced Tom D. Atkins, Jr. who was in the audience, welcoming him to the City Council, and stated that following the filing of Form 720 pursuant to Government Code Section 87200, Mr. Atkins would be sworn in as Council member at the August 2, 1977 meeting. 5. APPROVAL OF MINUTES: Councilman Greenberg moved to approve the minutes of the regular City Council meeting held July 5, 1977, as written, seconded by Councilman Tyrell, and carried, Councilman Dennis abstaining. UNFINISHED BUSINESS: 6.' CONTINUED PUBLIC HEARING: REQUEST FOR MODIFICATION OF ZONE VARIANCE CASE 69 -283, 5522 GRACEWOOD AVENUE, SANTA ANITA CONVALESCENT HOSPITAL City Manager Koski advised City Council, at their regular meeting held July 5, 1977, continued the public hearing, due to additional testimony given at the public hearing with respect to the laundry operation at the Santa Anita Convalescent Hospital. Staff met with Mr. Heeb, Adminis- trator of the hospital, and his architect who advised the existing exterior water system related to the laundry building will be completely removed and replaced by a roll -type automatic filter. In addition, the laundry building will be reconstructed and the walls insulated to provide adequate soundproofing for the laundry facility. Staff memo outlines 15 conditions which City Council may wish to include if approval for modi- fication of zone variance is granted. Council Minutes, July 19, 1977 - Page 2 Mayor Merritt declared the public hearing open for continent, Planning Director Dragicevich directed Council's attention to Exhibit "E" which is the lint collection system, and advised that Mr. Heeb and consultants were present to answer any questions Council may have. Councilman Tyrell stated that the conditions as proposed would allow laundry to be brought in from the corporation's other facilities. City Manager Koski suggested Item #4 should be modified to state the laundry operation shall be limited to soiled laundry from the Santa Anita Convalescent Hospital only. In answer to Councilman Tyrell's question regarding the washing of utility carts, City Manager Koski advised they will provide the necessary facilities, such as, concrete floor and separate area to wash carts and equipment inside the accessory structure which is located north of the laundry building. Councilman Dennis inquired whether the applicant had seen the memo which sets forth the 15 conditions. Planning Director Dragicevich advised he did discuss the 15 conditions with the applicant, who has stated if the City requires all 15 conditions, he will comply. Council discussed Items 3, 4, and 8, conditions to approval of the modification of zone variance. City Attorney Martin advised that Item 3 should be a prerequisite to taking advantage of any part of the modification. Mayor Merritt invited anyone wishing to speak to come forward. • David Heeb, Administrator, Santa Anita Convalescent Hospital, stated there are several items in the conditions which do present a problem: 1) Item #2 should be modified to conform with the City's noise ordinance; 2) they would find it difficult to limit laundry operations to week da s and one -half days on Saturdays when a holiday falls on a Monday which would mean two and one -half days waiting time, a violation of state la 3) it may be difficult to complete the required work within 60 days in accordance with Item #3; and 4) Item #15 will have to be presented to the governing board of Santa Anita Convalescent Hospital for official action and filing with the City. Mr, Heeb advised he has several consultants with him this evening; a sound engineer, a mechanical engineer who designed the manifold system, and the architect if Council has further questions. Mr. Ronald Macy, Ram Tech Laboratories, stated he had taken a reading of the noise level in the immediate neighborhood and the ambient level ranged from 44 to 46dba. The City code requires 51dba maximum and to achieve 45dba would result in much greater cost. Councilman Tyrell stated the code was enacted with a maximum dba for the entire City and he feels the ambient level should be in keeping with the immediate neighborhood. Mr. Mel Bilou, mechanical engineer, stated he has designed the dryers with a roll -type filter which will be directed across the building to the farthest point away from the residential property. Mr. Heeb stated he had consulted with Mr. Macy and an ambient level of 44 -46 would be acceptable. There being no one else come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Greenberg and carried. Following discussion Council requested the following changes in the conditions as set forth in staff memo dated July 15, 1977: 1) Item 2 changed to read that the soundproofing of the laundry building shall be sufficient to reduce the ambient noise level to 46dba; 2) Item 3 shall be completed within 90 days; 3) Item 4 shall be changed to provide that if a holiday falls on Monday, the laundry may be operated from 9 a.m. to 3 p.m., and that laundry operation shall be limited to soiled laundry Council Minutes, July 19, 1977 - Page 3 from the Santa Anita Convalescent Hospital only. City Attorney Martin advised Councilman Dennis and Councilman Tyrell they could participate in this matter if they have read all memos, staff reports, and minutes of the prior meetings and have thoroughly familiarized themselves with the material. Councilman Tyrell moved to approve modification of zone variance 69 -283 to eliminate nurses' quarters and increase number of beds from 90 to 100, subject to the proposed conditions as corrected, seconded by Councilman Greenberg and carried. City Attorney Martin introduced Resolution No. 77 -1655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MODIFYING RESOLUTION NO. 69 -929 by title only. Councilman Dennis moved to adopt Resolution No. 77 -1655, seconded by Councilman Greenberg and carried. 7. PUBLIC HEARING: 7:30 p.m. RE ZONE CHANGE CASE 77 -504 - 9934 E. LAS TUNAS DRIVE City Manager Koski presented background information, stating the Plan- ning Commission, at their regular meeting held June 14, 1977, held public hearing and adopted Resolution No. 77 -752PC recommending zone change from R -1 to C -2 for property currently zoned R -1, Single Family residential, which is a portion of a parcel fronting 190 ft. on Las Tunas Drive and 215 ft. on Rowland Avenue. The southerly 60 ft. are zone R -1, the remaining larger portion is zoned C -2. Planning Com- mission's recommendation was based on 1) the size of the property is suitable for commercial development; 2) the site has adequate street access to Las Tunas Drive, as a primary road; and 3) the proposed zone change is consistent with the General Plan of the City. The Planning Commission approved filing of a Negative Declaration of Environmental Impact as required by the California Environmental Quality Act -of 1970. City Council, at their regular meeting held June 21, 1977, set public hearing July 19. There being no further staff report, Mayor Merritt declared the public hearing open. Councilman Greenberg moved to include the Planning Commission minutes as a part of the record, seconded by Councilman Dennis and carried. James Thomas, Chairman of the Board, Continental Bank, stated the appli- cation for change of zone is an attempt to have the property in one zone. The existing building is half on the R -1 and half on the C -2; they anti- cipate renting the building to a good tenant; approximately 40 parking spaces will be provided for their operation. There being no one else come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Greenberg moved to certify the Negative Declaration of Environmental Impact, seconded by Mayor Merritt and carried. • Councilman Greenberg moved to approve change of zone from R -1 to C -2 for subject property, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Dennis, Greenberg, Merritt NOES: Councilmen -None ABSTAIN: Councilmen - Tyrell City Attorney Martin introduced Ordinance No, 77 -450 AN ORDINANCE OF THE CITY OF TEMPLE CITY PROVIDING A CHANGE OF ZONE IN ZONE CHANGE CASE NO. 77 -504, for first reading by title only.. Councilman Tyrell moved to waive further reading, seconded by Councilman Dennis and carried. Council Minutes, July 19, 1977 - Page 4 8. PUBLIC HEARING: 7 :30 p,m. STREET IMPROVEMENTS - CAMINO REAL, NORTH SIDE, BRENTMEAD TO TEMPLE CITY BOULEVARD (Chapter 27 Proceedings) City Manager Koski presented background information, stating the City Council, at their regular meeting of June 21, 1977, received petition for installation of curb, gutter, driveway approaches and sidewalk, from property owners on the north side of Camino Real Avenue between Brentmead and Temple City Boulevard. Public hearing was set for July 19 and property owners were so notified. The project comes under a Categorical Exemption as defined under the Environmental Quality Act of 1970. Signatures on the petition represent 100% of the front footage of the unimproved portion of the block. Mayor Merritt declared the public hearing open, and invited anyone wishing to speak to the issue to come forward. There being no one come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Tyrell moved to certify that the City Council have considered the Categorical Exemption to Environmental Impact and that Notice of Exemption has been filed with the County Clerk, seconded by Councilman Dennis and carried. Councilman Greenberg moved to approve the project and instruct the Superintendent of Streets to cause the work to be accomplished and to appropriate additional funds in the amount of $12,657 and amend the adopted budget accordingly, seconded by Councilman Tyrell and carried. 9 PUBLIC HEARING: 7:30 p.m. REQUEST FOR ENTERTAINMENT AND DANCE PERMIT - KERKOCHIAN INN (FORMERLY HERITAGE INN) 8905 Las Tunas Drive City Manager Koski presented background information, stating an appli- cation for Business License, Entertainment Permit and Dance Permit has been received because of the new corporate structure of Maer, Inc., owners of the subject restaurant. Notice of Public Hearing was posted and the Sheriff's Department has approved; no basic change has been ma in their application, however there will be a piano bar instead of a combo, Mayor Merritt declared the public hearing open. There being no one come forward to speak to the issue, Councilman Tyrell moved to close public hearing, seconded by Councilman Greenberg and carried. In answer to Councilman Greenberg's question regarding the conditions for approval, City Manager Koski advised the applicant was familiar with the conditions and has agreed to them. Councilman Tyrell moved to approve entertainment and dance permit for the Kerkochian Inn, as recommended by Sheriff's Department, seconded by Councilman Greenberg and carried. 10. INSTALLATION OF LIGHTING, ATHLETIC FIELD - LIVE OAK PARK City Manager Koski advised the City Council, at their regular meeting held July 5, 1977 received recommendation from the Parks and Recreation Commission to accept the offer from American Little League of Temple City to install lights on the north ball field at Live Oak Park with volunteer labor, and to make available to the league, through an agree- ment, the sum of up to $12,000 for reimbursement of approved project costs. Council continued the matter for discussion to July 19, 1977. Since the recommendation was submitted, Al Millham has notified the Ci that the six 70' free wood poles, which were to have been received in time to complete the project by August 4 are not available and the Little League playoffs will be held during day light hours. Councilman Tyrell moved to refer the matter back to the Parks and Recreation Commission for their review and recommendations on a com- prehensive lighting package, seconded by Councilman Greenberg and carried. Council Minutes, July 19, 1977 - Page 5 11. ACCEPTANCE OF WORK: STREET IMPROVEMENTS, OAK AVENUE, LAS TUNAS DRIVE TO GARIBALDI AVENUE - CASH CONTRACT NO. 9758X City Manager Koski presented background information, stating the City Council, at their regular meeting held April 19, 1977, awarded contract for the subject improvements; additional work in the amount of $958.25 was authorized by City Council June 21, 1977. The Superintendent of Streets has recommended the approval and authorization of additional work in the amount of $298.96 for actual quantities over original estimates and acceptance of the work performed under the contract. Councilman Tyrell moved to authorize additional work in the amount of $298.96, and accept the work completed June 14, 1977; authorize payment due to Norlund Construction Company; authorize the filing of Notice of Completion and release of the 10% retention at the end of the 35 -day lien period, seconded by Councilman Greenberg and carried. 12. FIREWORKS STANDS 1977 - REFUNDS City Manager Koski advised as of this date the Fire Department has in- spected the locations and determined that all fireworks stands have been removed pursuant to ordinance with the exception of one, who have not removed the power pole, although they have been contacted on several occasions. With respect to all other organizations, the sites have been found to be clear of debris and are eligible for refunds of deposits. Councilman Dennis moved to approve the refunds as recommended, seconded by Councilman Greenberg and carried. NEW BUSINESS: 13. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of July 12,-1977 A. APPROVAL OF TENTATIVE TRACT 31952 - 5611 and 5617 Sultana City Manager Koski advised the Planning Commission, at their regular meeting held July 12, 1977, held public hearing and adopted Resolution recommending approval of Tentative Tract No. 31952, and approved filing of the Environmental Impact Report. Applicant is proposing a one -lot subdivision for the purpose of constructing an 8 -unit condominium project. Councilman Greenberg moved to set public hearing to consider Planning Commission recommendation August 16, 1977, seconded by Councilman Tyrell and carried. B. APPROVAL OF TENTATIVE TRACT 33529 - 6308, 6310, 6320 Temple City Boulevard and 9641 and 9647 E. Longden Avenue (R -2 Zone) City Manager Koski advised the Planning Commission, at their regular meeting held July 12, 1977, held public hearing and adopted Resolution recommending approval of Tentative Tract 33529, and approved filing of Environmental Impact Report. Applicant is proposing a 19 -unit condo- minium project; there are 5 parcels involved in this tract, and presently they are occupied by three single- family residences. Councilman Greenberg moved to set public hearing to consider Planning Commission recommendation August 16, 1977, seconded by Councilman Tyrell and carried. C. CONDITIONAL USE PERMIT CASE 77 -505 - 9949 LOWER AZUSA ROAD (C -2 Zone) City Manager Koski advised the Planning Commission, at their regular meeting held July 12, 1977, held public hearing on a proposed coin - operated (unattended). car wash to be located at the northeast corner of Lower Azusa Road and Willmonte Avenue. The motion to deny this request resulted in a 2:2 tie and the matter was automatically: appealed to the City Council for their consideration, Planning Commission certi- fied draft Environmental Impact Report with amendments to include com- ments made at the meeting and agencies consulted, Council Minutes, July 19, 1977 - Page 6 Councilman Greenberg moved to set public hearing August 16, 1977, seconded by Councilman Tyrell and carried. 14. RESOLUTION NO, 77 -1653: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 77 -1653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis and carried, 15. RESOLUTION NO. 77 -1654: WARRANTS & DE MANDS, DEMAND NOS. 7023 THRU 7141 AND 7016, IN THE AMOUNT OF $46,54 6,39 Councilman Dennis moved to adopt Resolution No. 77 -1654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF•$46,546.39, DEMAND NOS. 7023 THRU 7141 AND. 7016, seconded by Councilman Tyrell and carried, Councilman Greenberg noting his non - participation with respect to checks number 7016 and 7040. 16, COMMUNICATIONS: • None 17, TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. William Tolman, 5033 Sultana Avenue, stated City Council, at their last meeting, set public hearing relating to overweight vehicles on residential properties for August 16, and requested the hearing be postponed until September 20, 1977. Council expressed concern with continuing the matter to such a late date. Councilman Greenberg moved to postpone hearing to September 6, seconded by Councilman Dennis and carried. Tom D, Atkins, Jr,, expressed his appreciation for Council's faith in ability and pledged to do his utmost to carry on the tradition of a fine Council and City. Frank Bucaccio, 6345 Temple City Boulevard, complained about the occupants at 6356 Temple City Boulevard, stating many apparently unrelated male and female adults are occupying the premises, creating unreasonable amount of noise due to a hi -fi playing into the early morning hours. Many cars are parked overnight on Temple City Boulevard and he questioned whether an overnight parking permit had been issued at that address. Mr. Bucaccio also complained of a traffic hazard due to a person on a skateboard being towed by a rope to a vehicle around the neighborhood. Council directed staff to investigate the allegations and advise the owner of the property and contact the Sheriff's Department for immediate enforcement. RECESS TO CRA: The City,Council recessed at 8:32 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the,minutes of the regular meeting held July 5, 1977; adopted resolution approving warrants and demands; and received staff report relating to maintenance of the parking lot. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 18. MATTERS FROM CITY OFFICIALS: City Manager Koski advised the Board of Supervisors approved allocations to cities under 50,000 population for the continuance of the Ceta program; the 'City, for Title VI, was allocated $177,175. This funding will allow the City to continue the nine.Ceta participants already employed, as well as to fund the vacant Administrative Assistant position and restore a Clerk - Typist position which was previously in the Parks and Recreation Department for a 16 -month period from June 1, 1977 through September 30, 1978. Additionally, the City has been allocated $53,118 for Title II Council Minutes, July 19, 1977 - Page 7 1 1 which will provide new hires for the same period, however, hiring may not begin for Title II until October 1, 1977. B. Councilman Tyrell commented briefly on the proposed agreement between the Board of Education and TCEA stating the education of our young people is uppermost in importance and the City must be interested in the pro- posals which have been made by the union to the school board. The docu- ment is purported to be one of introduction and not seriously made; how- ever, this is probably the most vile attempt to provide equality in a contract and provides no equity whatsoever; it does not even provide for the exclusion of undesirables, and in fact, specially provides that the board shall not inquire into teachers' speech, activities, or conduct in the classroom, as well as the use of materials. It is inconceivable that any serious organization, authorized by its members to present a contract on its behalf, could, in good conscience, provide such a ridiculous document under the suggestion that this is the opening of negotiations. It is obviously written only for the benefit of teachers, and totally absent from this proposal is any obligation on the part of the teachers to teach the students.There is no provision in the document that they shall, in any manner, provide adequate education based on their competency, and he would be offended were he on the school board, and indeed, is insulted as a citizen that such an organization is representing the teachers and submitting a document totally lacking in equity, good conscience and the concepts of bargaining between the parties. It is not an attempt to delineate any issues, but an attempt to reap rights and benefits without any regard to obligations, and he would hope the school board has enough fortitude to reject this document, and indeed that some of the membership will have enough courage to stand up and tell those who are in control to provide the school board, for its consideration, some kind of contract that suggests equity. C. Councilman Dennis stated he had received a summary of resolutions submitted within the League Los Angeles Division for consideration at the General Membership meeting. The material will be available in circulate for Council review and comments prior to the August 11 meeting. Councilman Dennis also commented that he had received a letter -from Assemblyman Collier stating he would appear at the public hearing on Pre- print 3, however he did not state his position in his letter. D. Councilman Greenberg agreed with the comments Councilman Tyrell ex- pressed regarding the School Board -TCEA proposed agreement. Councilman Greenberg commented briefly on Preprint 3, expressing his con - cern that it is another attempt at a regional type government. Councilman Greenberg also stated he had been appointed City representative to the Executive Committee of the San Gabriel Valley Association of Cities and he would appreciate any comments Council may wish to bring to his attention. Councilman Greenberg stated he would like to take action on the draft resolution relating to an energy policy. Council expressed the opinion they would prefer to defer the matter to a study session. 19. ADJOURNMENT: 1 On motion by Councilman Tyrell, seconded by Councilman Greenberg, the meeting adjourned at 8:45 p.m. in honor of Louis T. Gilbertson. Next regular meeting of the City Council will be held Tuesday, August 2, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: MAYOR C 'ef Deputy it C1 City Clerk