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HomeMy Public PortalAboutCity Council_Minutes_1977-09-06_Regular 19771 CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 6, 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, September 6, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Pastor David Willett, Temple City Grace Brethren Church, 5537 N. Temple City Boulevard. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. 4. ROLL CALL: Present: Councilmen - Atkins, 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, Captain Kelly of Los Angeles County Fire Department 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular City Council meeting held August 16, 1977, as written, seconded by Councilman Atkins and carried. I UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. PARKING OF COMMERCIAL VEHICLES ON R -ZONED PROPERTIES City Manager Koski presented background information stating the Planning Commission, at their regular meeting of June 28, 1977, adopted a resolution recommending the present ordinance relating to parking of commercial vehicles on residential properties be modified to be applicable to those vehicles which exceed three tons in unladen gross weight, and to provide a 6- months abatement period. The Planning Commission had earlier requested the City Attorney to prepare a draft ordinance allowing a permit procedure for parking of tractor trucks under certain conditions; however, after reviewing that draft ordinance, the majority of the Planning Commission favored modification of the present ordinance which will be consistent with the truck route reg- ulations and other regulations applicable to R -zoned properties. City Council, at their regular meeting held July 19, 1977, in response to a request on behalf of truckers involved, postponed the public hearing on this matter from August 16 to September 6, 1977. Mayor Merritt declared the public hearing open. Planning Director Dragicevich gave staff report, stating the Planning Commission resol- ution sets forth as their reasons for recommending the proposed ordinance is to properly protect R -zoned property against encroach- ment by noisy, unsightly, and business -like activities; to be con- sistent with the General Plan; and to be consistent with the truck route regulations of Temple City. Council packet contains regulations of other cities in the San Gabriel Valley; of 14 cities contacted, 7 have restrictions with respect to overweight commercial vehicles. Councilman Greenberg moved to make the Planning. Commission minutes a part of the record, seconded by Councilman Atkins and,carried. Mr, Kenneth Gillanders, 4831 Ryland Avenue, stated he is not offended by the appearance of tractors parked on residential property; he feels Council is biased in favor of campers; that a licensing arrangement 3 Council Minutes, September 6, 1977 - Page 2 has a number of advantages for the City and for the individual truck operators; that there area number of ways to control rather than a blanket condemnation. In his opinion, trucks and campers on private property does not constitute a commercial enterprise, rather that until the cab is hooked up to a trailer it is not a commercial use. Mrs. William Tolman, 5033 N. Sultana, stated the ordinance is dis- criminatory; that the truck is merely transportation home for the trucker and not a commercial use until the cab is hooked up to the trailer. Mr. Phil Coates, 10618 Live Oak Avenue, stated the Council is making a mistake to regulate parking of trucks on residential property; that those parking are truckers merely using their trucks for transportation; the only difference between trucks and pick up trucks is the weight of the vehicle.. He feels complaints should be handled on an individual basis and the ordinance is unfair, inequitable and probably unconsti- tutional. Mr. Rusty Gorrell, 5357 Parmerton, stated he is in favor of the pro - posed ordinance. At the present time his neighbor maintains a 24 -hour tow service and parks his truck in his driveway, taking it out at all hours of the day and night and waking his family when he starts the truck which is noisey and unsightly and lowers the neighboring pro- perty values. There being no one else come forward to speak, Councilman Greenberg moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Atkins moved to certify the ordinance is categorically exempt from the California Environmental Quality Act of 1970, seconded by Councilman Greenberg and carried. It was the consensus of the Council to delete from Subparagraph (d) "other than in an enclosed garage" and "This section shall become effective January 1, 1978 ". City Attorney Martin read Ordinance No. 77 -452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING NEW SUBPARAGRAPH (d) TO SECTIONS 9332(1), 9351(1) AND 9361(1) OF THE TEMPLE CITY ZONING CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTIES by title only. Councilman Atkins moved to waive further reading, seconded by Councilman Greenberg and carried. 7. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION RE: CONDITIONAL USE PERMIT CASE 77 -509 - 9677 E. Longden Avenue City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held July 26, 1977, held public hearing and adopted Resolution Non 77 -760PC denying conditional use, permit in Case No. 77-509 to establish a Montessori School for 15 children in an existing structure at 9677 E. Longden Avenue, based on a letter from the County Fire Department that such use would constitute an additional hazard by virtue of children being located in an area not accessible to fire vehicles, and that the noise and other activities proposed would be detrimental to the neighborhood properties. Appli- cant filed an appeal within the prescribed time and City Council, at their regular meeting of August 16, set public hearing for September 6. Mayor Merritt declared the public hearing open. In answer to question by Councilman Greenberg, Captain Kelly advised the existing access,to the rear of the property met the standards required at the time the building was constructed, but would not meet today's standards and is actually a legal non - conforming condition. Captain Kelly further advised the Fire Prevention Division has reviewed the application and has given the opinion the existing fire hydrant distribution is adequate. In answer to question by Councilman Greenberg, Planning Director Dragicevich advised the block wall which was never completed was not 1 Council Minutes, September 6, 1977 - Page 3 a requirement of the previous conditional use permit, however, if the present application is approved, staff has recommended the completion as a requirement. Councilman Atkins moved to make the Planning Commission minutes a part of the record, seconded by Councilman Greenberg and carried. Mr. Harold Ophus, 940 E. Marion, Hemet, owner of property adjacent to the existing structure, questioned the age of the children attending the school, the hours of operation, what type of transportation will be used. The questions being answered that the children will be 3 to 6 years of age, school will be open from 7 :30 a.m. to 6 p.m., and that the students will be transported individually, Mr. Ophus expressed con - cern that his tenants of long standing will suffer inconvenience from a school being operated so close to the property, and he would like to have Council address itself to the noise factor before approving. Mr. Charles Magnuson, 9717 Craiglee, stated his objection to granting a conditional use permit for the operation of a school in a residential zone, stating his bedroom is approximately 40 feet from the planned playground area, and expressed concern that a precedence will be established if granted. Mr. Magnuson was advised that if the use is permitted, it would take another public hearing to increase the number of students. Mr. John Diehl, 9711 Craiglee, stated that most churches are of suf- ficient size to be separated from the surrounding residences by adequate yard or block wall to reduce the noise level. At the time the Temple built the 2 -story school building he objected and Council would be compounding an earlier error if the use were permitted to be expanded into a five day per week school. He felt it is a dangerous precedence to allow a religious building to be rented for other purposes. He submitted letters from two neighbors in opposition to the permit. Mrs. Diehl, 9711 Craiglee, stated the playground facilities are too small to accommodate 15 children under 6 years of age. Mr. George Truppelli, 9720 Val, stated he sleeps during the day and with 15 children practically in his back yard he is sure he will not be able to sleep; that if permit is granted, he is fearful the school will expand and progress from one classroom to the next. Mr. John McGowan, 9671 Longden, stated a church is a tax free entity, however the proposed school is a business and he was hopeful Council would take that into consideration. Mr. Tom Keeting, 1540 Kineloa Avenue, Pasadena, representing the applicant stated his concern with the conflicting letters from the County Fire Department; that he had talked with Inspector Davids who said the proposed use was safe and he felt the Council should address itself to reconciling the safety aspects before going any further into the matter. Captain Kelly, in trying to clarify the conflict, stated the Fire Department cannot enforce a greater degree of safety because it was built to standard at the time of construction; however, there is con- cern regarding the lack'of access to the building by fire truck; the existing fire hydrant distribution is adequate. There is also con- cern that the rescue unit would be unable to have access to the rear of the property. Mr. Keeting asked that the Conditional Use Permit be granted for two years. Schools and churches are allowed in residential zones with:a conditional use permit; the occupancy of the building on a five -day per week basis would provide supervision to eliminate the vandalism; the classroom windows do not open thereby eliminating possible noise emanating from the classroom. Council Minutes, September 6, 1977 - Page 4 Mrs, Edith Schoenman, applicant, stated the playground could be moved to an area at the front of the building to eliminate the noise; Montessori clas- srooms are very quiet and their recess time would be for limited periods with sufficient supervision; school would be in session from 830 a,m, to 3:00 p.m. with perhaps four or five children remaining thereafter as a day care center for working parents. Rabbi Lachtman, Temple Beth David, stated the Temple has been working toward providing a community service for Temple City; that they are asking for a limited use of the facility which is underused; recited the uses the Temple is providing for its members and for Boy Scout Troop 156 which meets there. There being no further testimony, Councilman Atkins moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Greenberg stated he.feels the proposed use would be a detriment to the surrounding property, Councilman Atkins agreed, stating the applicant is proposing to increase the hours of use from approximately 7 hours per week to 52 hours. He was also concerned with the safety aspects, particularly when a rescue truck would not have access. Councilman Tyrell concurred stating he is concerned about the lack of access to the rear of the property. He cited the poor neighbor re- lations that exist at this time and felt that any increased use of the facilities would be a detriment to the neighboring area. Councilman Dennis stated if Council_:.had a request to construct the building before them at this time they would not approve it due to the lack of access and he cannot see expanding the use and would concur with the other Council members. Mayor Merritt stated he has mixed feelings since he is not sure the use of the building has caused undue noise since no one had mentioned the use of the building by a Boy Scout Troop, and he does not feel 15 children will create a'great deal of noise; however, is concerned with fire protection and that daily use of the building will create a nuisance problem. Councilman Tyrell moved to adopt Resolution No. 77 -1671 A RESOLUTION OF THE CITY COUNCIL DENYING A CONDITIONAL USE PERMIT IN CASE NO. 77 -509, seconded by Councilman Greenberg and carried. NEW BUSINESS: 8. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of August 23, 1977 A. AMEND ZONING CODE RELATING TO CERTAIN C- l'USES CONTAINING LESS THAN 1,000 SQ. FT. City Manager Koski presented background information stating the Planning Commission, at their regular meeting held August 23, 1977, held public . hearing and adopted resolution recommending amendment to the Temple City Zoning Code, relating to certain office and service type C -1 uses under 1,000 sq. ft. of gross floor area, Councilman Atkins moved to set public hearing October 4, 1977 to con- sider the proposed amendment, seconded by Councilman Greenberg and carried. B. PROPERTY NUISANCE CASE NO. 77 -40 - 6056 N. OAK AVENUE City Manager Koski presented background information stating the Planning Commission, at .their regular meeting held August 23, 1977; held public hearing and adopted resolution determining the existence of a public nuisance and recommending abatement. In November of 1970 a building permit was issued for a room addition and on December 27, 1972 1 Council Minutes, September 6, 1977 - Page 5 it was noted that the addition was being occupied without inspection or approval. It was also noted the exterior of the addition had not been weatherproofed in an approved manner. After several attempts by the City and the County Building Department, the property owner appeared before the District Attorney in April of 1973, however the installation of two coats of stucco terminated further legal action. A color coat has not as yet been applied. On May 6, 1975, approval was granted for the addition to an existing garage. On March 5, 1976, City advised the property owner of the need to complete the garage addition. Staff communicated with property owner again on June.22 and July 12, 1977 regarding the completion of the garage addition, applying the color coat to the residential addi- tion, and the cutting back of vegetation over the public right -of -way. No appeal to the Planning Commission resolution has been received. Councilman Greenberg moved to adopt Resolution No. 77 -1670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PRE- MISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF, seconded by Councilman Atkins and carried. C. REGULATIONS FOR PROCESSING ENVIRONMENTAL IMPACT REPORTS City Manager Koski presented background information stating the Plan- ning Commission, at their regular meeting of August 23, 1977, reviewed regulations and guidelines for processing Environmental Impact Reports as compiled and summarized by the City Attorney and recommended their adoption by the City Council, The revised requirements and guidelines for implementation of the California Environmental Quality Act of 1970, as amended, necessitates additional work and cost for the City including Initial Study, reviewing and accepting EIRs, preparing and posting or publishing required notices for public hearings. Thus far staff has been charging $15 for a Negative Declaration, but no charge has been made for reviewing full EIRs prepared by consultants. Pursuant to; State regulations, the City may request a deposit to cover all expenses for the preparation and processing of the Environmental Impact Reports, with any unspent balance being returned to the applicant. Councilman Tyrell moved to adopt the regulations for processing Environ- mental Impact Reports, including requirements for deposits for pro- cessing, seconded by Councilman Greenberg and carried. 9. RENEWAL OF AGREEMENT TO CROSS OVER PEDESTRIAN MALL lA - ZAGER SMITH CARPET COMPANY, 9510 Las Tunas Drive la. City Manager Koski presented background information, advising the Parking Commission, at their regular meeting held June 15, 1977, reviewed the terms and provisions of the agreement signed annually by Mr. Zager to allow his commercial delivery vehicles to cross over the pedestrian mall for the purposes of loading and unloading merchanise. It was the consensus of the Commission that Item 4 in the agreement was not being met and recommended to City Council the renewal of the agreement if Item 4 is complied with. Letters were sent to Mr. Zager and the property owner concerning the correction of Item 4, however to date no action has been taken by either party. Councilman Dennis moved to deny renewal of the agreement until Item 4 has been complied with and to require removal of the ramp, seconded by Councilman Greenberg and carried° REQUEST FOR AUTHORIZATION TO ADVERTISE FOR BIDS: CHIPPER UNIT City Manager Koski advised City Council provided $7,900 in the 1977 -78 budget for the replacement of the City's chipper unit and since the item exceeds the $5,000 limit for informal bids, staff requests approval of the specifications and authorization to solicit bids. Councilman Atkins moved to approve specifications and authorize staff to solicit bids, seconded by Councilman Greenberg and carried. Council Minutes, September 6, 1977 - Page 6 11. RESOLUTION NO, 77 -1667: ADOPTING 1977 SUPPLEMENT TO PUBLIC WORKS SPECIFICATIONS City Manager Koski advised the City Council adopted the 1976 Edition of the Uniform Standard Specifications for Public Works Construction on September 7, 1976; County Superintendent of Streets and City Engineer are requesting that City Council adopt the 1977 Supplement which reflects editorial changes and updates the material and con- struction specifications to meet current engineering and construction practices as studied during the preceding year by the Joint Cooperativ Committee. Councilman Tyrell moved to adopt Resolution No. 77 -1667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY.ADOPTING THE 1977 SUPPLEMENT TO THE UNIFORM.STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1976 EDITION, seconded by Councilman Atkins and carried. 12. RESOLUTION NO, 77 -1668: EMPLOYMENT OF'PERSONNEL Councilman Greenberg moved to adopt Resolution No. 77 -1668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Tyrell and carried. 13, RESOLUTION NO. 77 -1669: WARRANTS & DEMANDS, DEMAND NOS. 7354 THRU 7478 IN THE AMOUNT OF $176,173.34 Councilman Dennis moved to adopt Resolution No. 77 -1669 A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $176,173.34, DEMAND NOS. 7354 THRU 7478, seconded by Councilman Atkins and carried, Councilman Greenberg noting his non- participation with respect to check #7443. 14. COMMUNICATIONS: A. Request to hang banners - White Cane Days, October 7 and 8 City Manager Koski presented a request from the Camellia Lion's Club to place a banner across Las Tunas Drive and Temple City Boulevard for White Cane Days to be held October 7 and 8,,1977. Councilman Greenberg moved to approve request, subject to the required certificate of insurance, seconded by Councilman Tyrell and carried. B. Claim for Damages - Kathleen Powell, 4872 Robinhood Avenue City Manager Koski presented a claim from Kathleen Powell on behalf of her son for damages alleged to have occurred August 14, 1977 at Live Oak Park. Councilman Tyrell moved to deny and refer to City's insurance carrier, seconded by Councilman Atkins and carried. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward, RECESS TO CRA: The City Council recessed at 9:50 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held August 16, 1977; approved plot plan for conversion of the existing structure at 5650 Rosemead Boulevard from residential to commercial use; and adopted resolution approving warrants S6 demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 16. ACTION ON REQUEST BY CRA: There was no action to be taken. Council Minutes, September 6, 1977 - Page 7 17. MATTERS FROM CITY OFFICIALS: 1 1 A. Tree Removal Petition: Bogue Street, between Baldwin and Glickman City Manager Koski presented an Initial Study concerning the removal of 19 Modesto Ash trees from subject limits, advising that City Council, at their regular meeting held August 2, 1977, received petition at which time staff was instructed to contact the property owners to determine their wishes. Staff has contacted the initiators of the petition and discussed alternatives with them, as well as having sub- mitted a letter with a survey attached to the property owners affected. Councilman Tyrell moved to concur with the Initial Study and determine that full Environmental Impact Report will be required and set public hearing October 18, 1977, seconded by Councilman Atkins and carried. B. CETA Retirement Funds City Council received and filed report regarding the use of CETA funds for city contributions for retirement cost of CETA employees. At the present time all full -time employees are required to be included in the retirement system; unless state law is changed to allow agencies to ex- clude CETA participation, cities will either have to pay for retirement contribution or terminate CETA employees. The cost to the City for retirement would be $8,675 for the fiscal year period October 1, 1977 to June 30, 1978. Pending the outcome of legislation and /or Department of Labor actions, the City Council may be required to make a determination relative to the CETA program. C. City Council received and filed a letter from the Temple City Unified School District advising the Board of Education has approved entering into a one year interim agreement with the Temple City Education Assoc- iation. Public hearing is being held September 6. D. Athletic Field Lighting City Council received cost estimates for installation of lights on the proposed three tennis courts at Live Oak Park and construction of an additional tennis court for a total of four courts with stub-outs for lighting at a later date. Council continued the matter to their regular meeting to be held September 20, 1977. E. Resurfacing of Tennis Courts at Live Oak Park City Manager Koski advised the City Council provided funds in the 1977 -78 budget for the resurfacing of the three tennis courts at Live Oak Park. The work has been scheduled to commence September 12 to be accomplished in the amount of $4,797. Councilman Tyrell moved to approve the project, seconded by Councilman Greenberg and carried. F. Mayor Merritt advised he had received a letter of resignation from the Traffic Commission from Mrs. Penny Graham. Councilman Tyrell moved to accept the resignation with regret and appoint Mrs. Graham to the Parking Commission, and to appoint Mark Schrock and William Swain to the Traffic Commission on a tentative basis, to be confirmed following the posting of notice of vacancy pursuant to Government Code Section 54974, seconded by Councilman Atkins and carried. 8 ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis and carried, meeting adjourned at 10:22 pom, Next regular meeting of ' the City Council will be held Tuesday, September 20, 1977, 7:30 p.m. in the Council Chamber of the City Hallo ATTEST: Chie f, 'Deputy City Clerk MAYOR