HomeMy Public PortalAboutCity Council_Minutes_1977-08-16_Regular 19771
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I 6. ORDINANCE NO. 77 -450: 2nd read. CHANGE OF ZONE FROM R -1 TO C -2,
9934 E. Las Tunas Drive
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 16, 1977
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to
order at 7:35 p.m. on Tuesday, August 16, 1977, in the Council
Chamber of the City Hall.
2. The invocation was given by Mayor Merritt.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis, Tyrell, Merritt
Absent: Councilmen - Greenberg
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Biel, Planning Director Dragicevich
Councilman Tyrell moved to excuse Councilman Greenberg for cause,
seconded by Councilman Dennis and carried.
5. APPROVAL OF MINUTES:
Councilman Dennis moved to approve the minutes of the regular City
Council meeting held August 2, 1977, as written, seconded by Council-
man Tyrell and carried.
Mayor Merritt requested Councilman Atkins to come forward and
administered the Oath of Office to him following which he was seated
at the Council table.
At this time, Mayor Merritt announced that pursuant to statutory
requirements, if a vacancy occurs on a City Commission, City Clerk
must post a Notice of Special Vacancy on that commission within 20
days. Appointment to fill the vacancy on the commission is prohibited
for 10 days after the notice is posted, except that if the Council
finds an emergency exists, then the commissioner would only serve on
an acting basis until a final appointment is made. Tom Atkins' resign-
ation from the Planning Commission was effective July 18, notice of
vacancy on the Planning Commission was posted July 19, and at this
time an appointment to fill the vacancy created on the Planning Com-
mission is in order; however, the appointee must file Form 716, State-
ment of Economic Interest, at least 10 days before taking office.
Councilman Tyrell moved to appoint Richard Abraham to the vacancy on
the Planning Commission, seconded by Councilman Atkins and carried.
Mayor Merritt introduced Richard Abraham, who will be moving over to
the Planning Commission from the Traffic Commission.
UNFINISHED BUSINESS:
City Attorney Martin read Ordinance No. 77 -450 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING A ZONE CHANGE FROM
C -2 AND R -1 TO C -2 IN ZONE CHANGE CASE NO. 77 -504 by title only.
Councilman Tyrell moved to waive further reading and adopt, seconded
by Councilman Atkins and carried.
Council Minutes, August 16, 1977 - Page 2
7. ORDINANCE NO. 77 -451: 2nd read. ESTABLISHING PERMIT INSPECTION FEES
City Attorney Martin read Ordinance No. 77 -451 AN ORDINANCE OF THE
CITY OF TEMPLE CITY ESTABLISHING PERMIT INSPECTION FEE SCHEDULE FOR
STREET REPAIRS PURSUANT TO CHAPTER 1 OF ARTICLE VII OF THE TEMPLE
CITY MUNICIPAL CODE by title only. Councilman Tyrell moved to waive
further reading and adopt, seconded by Councilman Dennis and carried.
8 PUBLIC HEARING: 7:30 p.m. TENTATIVE TRACT 31952 - 5611 and 5617 Sultan
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held July 12, 1977,
held public hearing and adopted Resolution No. 77 -755PC recommending
approval of Tentative Tract 31952 for a one -lot subdivision for the
purpose of constructing an 8 -unit condominium project; the proposed
development is consistent with the General Plan of the City and the
R- 3.density and development standards, City Council, at their regular
meeting held July 19, 1977 set public hearing for this evening.
Mayor Merritt declared the public hearing open. Planning Director
Dragicevich gave staff report, saying applicant requests approval of
a one -lot subdivision for the purpose of constructing an 8 -unit con-
dominium project in an R -3 zone; by means of Exhibit "A" he showed
the proposed development, gave the factual data on the subject pro-
perty and surrounding area; stated the Planning Commission imposed
30 conditions as set forth in their resolution. He referred to the
Environmental Impact Report prepared in accordance with California
Environmental Quality Act of 1970.
Mayor Merritt invited anyone in the audience wishing to speak to the
issue to come forward.
Robert Campoy, 456 Rosemead Boulevard, Pasadena, stated he intends to
remove the existing houses on the property and construct eight con-
dominium units; that he has read the conditions set forth in the Plan-
ning Commission resolution and is in agreement; that he feels the
development will be an improvement to the neighborhood and City.
Councilman Dennis moved to include the Planning Commission minutes as
a part of the record, seconded by Councilman Atkins and carried.
There being no one else come forward to speak, Councilman Dennis moved
to close the public hearing, seconded by Councilman Tyrell and carried.
Councilman Atkins moved that the Environmental Impact Report, as amended
to include the comments of those testifying at the Planning Conuaission
hearing and the responses thereto, and that the City Council certifies
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 con-
tained in the report, and that any adverse environmental impact con-
tained in the report is overruled and counterbalanced by economic and
social needs, objectives and concerns in providing this community with
private improvements of municipal import, seconded by Councilman Dennis
and carried.
Councilman Dennis moved that the proposed subdivision map is consistent
with the General Plan and to adopt Resolution No. 77 -1665 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A TENTATIVE
SUBDIVISION MAP (TRACT 31952), seconded by Councilman Atkins and carrie
9. PUBLIC HEARING: 7:30 p.m. TENTATIVE TRACT 33529 - Temple City Boulevard
and Longden Avenue
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held July 12, 1977, held
public hearing and adopted Resolution No. 77 -758PC recommending approval
of Tentative Tract 33529 for a 19 -unit condominium project. There are
Council Minutes, August 16, 1977 - Page 3
five parcels involved in this tract which are presently occupied
by three single- family residences. City Council, at their regular
meeting held July 19, 1977 set public hearing August 16, 1977.
Mayor Merritt declared the public hearing open. Planning Director
Dragicevich gave staff report, saying the proposal is for 19 con-
dominium units, each two bedrooms, with a two -car garage and 450 sq.
ft. of private yard area; gave factual data on the subject property
and surrounding area; proposed setbacks 20 ft. on Longden Avenue,
and 10 ft. on Temple City Boulevard with the exception of Unit #6
adjacent to the property to the north which will be 18 ft; stated the
Planning Commission imposed a number of conditions as set forth in
their resolution. Staff has recommended that Condition #15 be amended
to provide the developer will build `.a 6 ft. masonry and /or block wall
"or other permanent type" along the perimeter of the subject property.
The Planning Commission recertified the-amended Environmental Impact
Report previously submitted and certified by the City Council.
Councilman Dennis moved to include the Planning Commission minutes as
a part of the record, seconded by Councilman Atkins and carried.
Mr. Ralph Shea, 9641 E. Longden Avenue, stated he is willing to sell a
portion of his property since there is no way he can utilize it, and is
still in favor of a variance to allow for a 20 -unit condominium development
Mr. Flaherty, 6327 Temple City Boulevard, expressed concern that the
occupants in those units facing on Temple City Boulevard will be parking
cars in their yards and stated he feels there should be a masonry wall
along Temple City Boulevard.
Mr. William Raine, 6335 Temple City Boulevard, stated by manipulation
of rules, City has allowed several lots to be combined into one and the
narrower frontage on Longden Avenue to be considered the front property
line, and he objects to 10 ft. setback on Temple City Boulevard. Mr.
Raine also expressed concern that cars will be parked in the yards
facing Temple City Boulevard,
Council advised that the plans include a wrought iron fence between
each unit facing on Temple City Boulevard; that ownership of the units
will hold an undivided interest in the common areas, with covenants,
conditions and restrictions imposed which can be enforced by the City.
Mr. George Weigand, developer, stated he was in attendance to answer
any questions Council may have. He questioned the wording of Item #15
with regard to the perimeter wall and was advised the Planning Com-
mission was concerned about a permanent type wall and it was their intent
that it should be a view obscuring permanent wall.
Mr. Arthur Steele, 9633 Longden Avenue, wanted to know what the permanent
wall will be, and was advised the wall will be of a material to be
approved by staff.
There being no one else come forward to speak, Councilman Tyrell moved
to close public hearing, seconded by Councilman Atkins and carried.
Councilman Atkins moved to certify the amended Environmental Impact
Report as approved by City Council June 21, 1977, seconded by Council-
man Dennis and carried, Councilman Tyrell abstaining.
Councilman Atkins moved to amend Condition #15 to provide the developer
will build a 6 ft. view - obscuring, permanent wall along the interior
perimeter of the subject property, seconded by Councilman Dennis and
carried.
Councilman Dennis moved that the proposed subdivision map is consistent
with the General Plan and to adopt Resolution No. 77 -1666 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A TENTATIVE
SUBDIVISION MAP (TRACT 33529), seconded by Councilman Atkins and carried,
Councilman Tyrell abstaining.
Council Minutes, August 16, 1977 - Page 4
10. PUBLIC HEARING: 7:30 p.m. CONDITIONAL USE PERMIT CASE 77 -505.- TO
PERMIT CAR WASH IN A C -2 ZONE, 9949 Lower Azusa Road
City Manager Koski presented background information, stating 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. Because the motion to deny this request resulted
in a 2:2 tie, the matter was automatically appealed to the City Counci
The draft Environmental Impact Report was amended to include the comme
made at the meeting and of agencies consulted. City Council, at their
regular meeting held July 19, 1977 set public hearing for this evening
Mayor Merritt declared the public hearing open. Planning Director
Dragicevich gave staff report, saying applicant proposes to construct
a four bay coin - operated car wash in a C -2, General Commercial zone;
gave factual data on the subject property and surrounding area. He
said there are four factors of concern to the residents in the area;
general conditions of this type of operation, noise level, water pollution
control, and hours of operation.
Councilman Dennis moved to include the Planning Commission minutes a
part of the record, seconded by Councilman Atkins and carried.
Mayor Merritt invited anyone in the audience who wished to speak to
come forward.
Mr, John Brown, 9913 Lower Azusa Road, cited the number of car wash
operations within the area; expressed concern that the proposed car
wash would be unattended; stated the operation would be an attractive
nuisance to the children who play at the Batting Cage; and questioned
the amount of water that would be used,
Mr, Ken Gillanders, 4831 Ryland Avenue, questioned how the City would
enforce the hours of operation and stated it is common practice for
mechanics to utilize the washing machine to wash down engine parts
after using strong cleaning solvents, which would be washed into the
street and also could be a fire hazard. In answer to question from
Councilman Dennis, Mr. Gillanders stated the insurance company he works
for does not consider coin- operated car washes an acceptable risk.
Mr, Spencer Swensen, 9925 Lower Azusa Road, stated Lower Azusa Road will
be under reconstruction very soon and he feels after the improvement
there is a possibility the area could be rezoned and become a good
commercial area,
Mr.. Daniel Goff, 4840 Willmonte, objected.to the amount of noise that
emanates from an unattended car wash operation.
Mr. Dan Hayes, designer for the project, stated he has designed 30 of
these car washes; the design will have architectural appeal; he stated
the vandalism at his car washes throughout Southern California is not
as high as that for high schools; the car wash uses 8 gallons of water
per car; that none of his car washes has ever had a fire and he has no
problem getting insurance.
There being no one else come forward to speak, Councilman Tyrell moved
to close the public hearing, seconded by Councilman Atkins and carried.
Councilman Atkins moved to certify the Environmental Impact Report
completed in conformance with the California Environmental Quality Act
and that the City Council has reviewed, considered and evaluated the
information contained therein, seconded by Councilman Dennis and carried.
Councilman Atkins stated he reviewed the application and Environmental
Impact Report and does not agree that an outdoor vacuum and the other
equipment used can be constructed to eliminate noise and he feels it
would have an adverse effect on the neighborhood. We have one unattended
Council Minutes, August 16, 1977 - Page 5
car wash in town which creates a police problem and he does not feel
another would be an advantage to the community.
Mayor Merritt stated he did not feel this particular location in close
proximity to a residential neighborhood was the proper place for a
car wash.
Councilman Dennis stated it is impossible to control an unattended
car wash and it can deteriorate, and should be denied on the basis it
would be detrimental to the surrounding neighborhood.
Councilman Tyrell moved to deny Conditional Use Permit 77 -505, seconded
by Councilman Atkins and carried.
Councilman Atkins moved to adopt Resolution No. 77 -1664 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING A CONDITIONAL USE
PERMIT ( #77 -505), seconded by Councilman Tyrell and carried.
11. ACCEPTANCE OF WORK: LOMA AVENUE SEWER PROJECT - IMPROVEMENT NO. 5
City Manager Koski stated the City Engineer has advised that the sewer
and improvements in Loma Avenue have been completed to the satisfaction
of the City Engineer; City Council at their regular meeting held
August 2, 1977, authorized partial payment for this project.
Councilman Tyrell moved to accept the completed work and 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 Dennis and carried.
NEW BUSINESS:
12. APPEAL FROM PLANNING COMMISSION DECISION: CONDITIONAL USE PERMIT
CASE NO. 77 -509
City Manager Koski presented background information, stating the Plan-
ning Commission, at their regular meeting held July 26, 1977, held
public hearing and adopted a resolution denying conditional use permit
in Case No. 77 -509, requesting approval to establish.a Montessori school
in an existing structure at 9677 E. Longden Avenue. The applicant has
filed an appeal within the prescribed time. Pursuant to the Temple City
Zoning regulations, appeals on conditional use permits and variances
can be reviewed and a decision rendered on the basis of the record, or
the City Council may set a public hearing.
Councilman Dennis moved to set public hearing September 6, 1977, on
appeal from Planning Commission decision on Conditional Use Permit Case
No. 77 -509, seconded by Councilman Atkins and carried.
13, APPEAL FROM TRAFFIC COMMISSION DECISION: OVERNIGHT PARKING PERMIT
City Manager Koski presented background information, stating the Traffic
Commission, at their regular meeting held August 3, 1977, reviewed the
application of H. L. Johnson, 5506 Baldwin Avenue, for two annual over-
night parking permits and on the basis the garage was being used for
storage of a trailer and other items which prohibited its use for
parking of a vehicle, the Traffic Commission denied Mr. Johnson's
application. Mr. Johnson's appeal is seeking an additional 60 days
temporary parking until his escrow at 5713 Baldwin Avenue is closed.
Mr. H. L. Johnson stated he was unable to attend the Traffic Commission
meeting; he has a Lincoln Continental and a full size Chevrolet and is
unable to get them in the garage which has a 16 ft. wide opening facing
onto a public alley.
Assistant City Manager Biel advised the current building industry con-
siders 16 ft. adequate for two cars; the 24' 8" turning radius in the
alley is adequate; in the past the Traffic Commission has not approved
Council Minutes, August 16, 1977 - Page 6
permits without the full use of the garage.
Councilman Dennis moved to grant a 30 -day temporary permit for one (1)
vehicle, seconded by Councilman Atkins and carried.
14. REQUEST FOR ALLOCATION OF COUNTY AID -TO- CITIES FUNDS: MAINTENANCE
OF SELECT SYSTEM STREETS
City Manager Koski advised that annually the City is notified by the
County of Los Angeles of its Aid to Cities allocation. Funds in the
amount of $39,080 have been allocated to the City under this program
for the current fiscal year,
Councilman Tyrell moved to adopt Resolution No. 77 -1659 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION
AND PAYMENT OF COUNTY AID -TO- CITIES FUNDS FOR THE MAINTENANCE OF SELECT
SYSTEM STREETS, seconded by Councilman Dennis and carried.
15. RESOLUTION NO. 77 -1660: ZERO TAX RATE FOR CITY OF TEMPLE CITY -
FISCAL YEAR 1977 -78
Councilman Tyrell moved to adopt Resolution No. 77 -1660 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY INDICATING NO CITY
TAX RATE FOR THE FISCAL YEAR 1977 -78, seconded by Mayor Merritt and
carried.
16. RESOLUTION NO. 77 -1661: LEVYING A SPECIAL ASSESSMENT TAX WITHIN THE
TEMPLE CITY MUNICIPAL LIGHTING DISTRICT FOR FISCAL YEAR 1977 -78
City Manager Koski presented Resolution No. 77 -1661 setting the tax .
rate for the Temple City Municipal Lighting District which reflects
a decrease in Zone A and Zone B, however still providing a 10% con-
tingency for energy cost increases.
Councilman Tyrell moved to adopt Resolution No. 77 -1661 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING A SPECIAL
ASSESSMENT TAX WITHIN TEMPLE CITY MUNICIPAL LIGHTING DISTRICT FOR
THE FISCAL YEAR 1977 -78, seconded by Councilman Atkins and carried.
17. RESOLUTION NO. 77 -1662: EMPLOYMENT OF PERSONNEL
Councilman Tyrell moved to adopt Resolution No. 77 -1662 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
seconded by Councilman Atkins and carried.
18. RESOLUTION NO. 77 -1663: WARRANTS & DEMANDS, DEMAND NOS. 7245 THRU
7353 IN THE AMOUNT OF $56,223.28
Councilman Tyrell moved to adopt Resolution No. 77 -1663 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $56,223.28, DEMAND NOS. 7245 THRU 7353, seconded
by Councilman Dennis and carried.
19. COMMUNICATIONS:
A. Request to Paint House Numbers on Curbs -
City Manager Koski presented a request from Mark Ornelas and Gary Duim
for permission to paint resident house numbers on curbs in the City.
Councilman Dennis moved to approve request subject to their obtaining
the required Public Works Permit, seconded by Councilman Atkins and
carried.
20. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr. Boyce O'Bannon, 10316 Olive Street, stated at the last Council
meeting he had given members of the Council petition for property tax
Council Minutes, August 16, 1977 - Page 7
limitation prepared by People's Advocate and requested Council's
approval in principle.
Councilman Dennis moved to support the concept in principle, seconded
by Councilman Atkins and carried.
RECESS TO CRA:
The City Council recessed at 9:21 p.m. to meet as the Community Redevelopment
gency, Mr. Greenberg being absent; approved the minutes of the regular meet -
ng held August 2, 1977, and adopted resolution approving warrants and demands.
e minutes are set forth in full in the records of the Agency.
ECONVENE AS CITY COUNCIL:
21. ACTION ON REQUEST BY CRA:
There was no action to be taken.
22. MATTERS FROM CITY OFFICIALS:
A. Designate Voting Delegate to League Conference:
Councilman Tyrell moved to designate Councilman Dennis voting delegate
to the League of California Cities Conference to be held in San Francisco,
September 25 -28, 1977, and Councilman Greenberg as alternate, seconded
by Councilman Atkins and carried,
B. Advance Registration to League Conference:
Councilman Tyrell moved to authorize advance registration for twenty -four
City officials to attend the League of California Cities conference,
seconded by Councilman Atkins and carried.
C. Renewal of Agreements: Student and the Law - Cleminson /Lutheran/
Oak Avenue /St. Luke's Schools
City Manager Koski advised the City Council provided $7,000 in the
1977 -78 budget as the City's portion of funds to continue the Student
and the Law program at Cleminson, Lutheran, Oak Avenue, and St. Luke's
schools. Staff requests authorization to negotiate with these schools
for the 1977 -78 school year, to be returned to City Council for action
at a later date.
Councilman Dennis moved to authorize staff to finalize terms of renewal
for Student and the Law at the four schools and return agreements for
Council action, seconded by Councilman Tyrell and carried.
D. Animal Control Program
City Manager Koski provided Council with the first report of the
Animal Control Program which was initiated August 8, 1977.
E. Councilman Atkins stated he is looking forward with enthusiasm
to working on the City Council, Councilman Atkins expressed a desire
that the Planning Commission review the current Zoning Code relating
to corner lot setbacks, stating Tentative Tract 33529 has once again
brought to Council's attention the dilemma as to what constitutes front
and sideyard dimensions. Council concurred in this regard and directed
staff to bring this item to the attention of the Planning Couuuission for
their review and recommendation.
F. Councilman Dennis requested the Mayor send a letter of congratulations
to American Little League of Temple City for the tremendous success of
the Divisional playoffs which they hosted recently, stating the City
received a great deal of recognition because of their hard work and
dedication.
Council Minutes, August 16, 1977 - Page 8
G. Councilman Tyrell concurred with Councilman Dennis, stating the
organization's dedication is exemplary and with the new Concession
Stand has provided a fine addition to the community facilities.
H. Mayor Merritt expressed concern and opposition to the recently
concluded treaty agreement between the United States and Panama for
the Panama Canal and requested Council's concurrence in writing to
the President and our State Senators to encourage their support in
opposing ratification of the treaty agreement. Several members of
the Council agreed with Mayor Merritt's concerns, but felt it was
not proper for City Council to take a position on a matter of
foreign policy,
23, ADJOURNMENT:
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On motion by Councilman Atkins, seconded by Councilman Dennis, meeting
adjourned at 9:56 p.m. Next regular meeting of the City Council will
be held Tuesday, September 6, 1977, 7:30 p.m. in the Council Chamber of
the City Hall,
ATTEST:
Chi f Deputy City Clerk
MAYOR
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