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
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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
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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
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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:
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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