HomeMy Public PortalAboutCity Council_Minutes_1978-08-01_Regular 1978CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 1, 1978
INITIATION:
1. CALL TO ORDER:
Mayor Tyrell called the regular meeting of the City Council to
order at 7:35 p.m. on Tuesday, August 1, 1978, in the Council
Chamber of the City Hall.
2. INVOCATION:
The invocation was given by Father Craig Cox, St. Luke's Catholic
Church, 9451 E. Broadway.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis, Gillanders, Merritt, Tyrell
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Parks and Recreation Director Kobett, Traffic Engineer
Envall, Steve Johnston, Temple City Times, and Becky
Dake, Pacesetter
5. APPROVAL OF MINUTES:
Councilman Atkins moved to approve the minutes of the regular meeting
of the City Council held July 18, 1978, as written, seconded by
Councilman Dennis and carried.
6 CONSENT CALENDAR:
On motion by Councilman Merritt, seconded by Councilman Dennis,
Items A and B were approved as recommended.
A. FINAL MAP APPROVAL - TRACT NO. 33632, 5817 -21 N. OAK AVENUE
Approved Final Tract Map No. 33632 and found the project will not
violate any of the provisions of the Subdivision Map Act, and that
the development will not unreasonably interfere with the easements
held by Pacific Telephone and Telegraph Company and Southern
California Edison Company, and accepted the map without signatures
of the easement holders.
B. RESOLUTION NO. 78 -1748: WARRANTS & DEMANDS
Adopted Resolution No. 78 -1748 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$140,069.36, DEMAND NOS. 10004 THRU 10125.
UNFINISHED BUSINESS:
7. PUBLIC HEARING: 7:30 p.m. TENTATIVE TRACT NO. 35012 AND APPEAL TO
ZONE VARIANCE NO. 78 -525
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held July 11, 1978,
adopted Resolution No. 78 -802PC recommending approval of Zone
Variance 78 -525 and Tentative Tract No. 35012. Subject site con-
sists of 3.83 acres and is located north of Olive Street, south of
the terminus of Golden West Avenue. Golden West is proposed to
extend to Olive Street, and Nadine Street, on the east side, is
proposed to connect with the proposed extension of Golden West
Avenue. Most of the residents on Nadine and Cambury were in favor
Council Minutes, August 1, 1978 - Page 2
of the extension of Nadine Street. The proposed subdivision will
have 18 lots with a street frontage from 55 to 65 ft., and lot
area from 6600 to 7550 sq. ft. The original application for a
19 lot subdivision and without an extension of Nadine Street was
not approved by the Commission. Staff prepared alternatives, of
which "A" and "B" extended Golden West only, and "C" and "D"
extended Nadine Street to Golden West. The developer submitted
two alternate plans to his original proposal, "A -1" and "A -2 ".
Planning Commission approved Exhibit "A -1" and granted a variance
on the basis the developer has a hardship in that he is required,
and is agreeable to, provide direct access from Nadine Street
which will benefit the neighborhood and the City as a whole.
A draft Environmental Impact Report has been prepared pursuant to
California Environmental Quality Act of 1970, as amended. The
City Council, at their regular meeting held July 18, 1978, appealed
the Zone Variance and set public hearing for both the variance and
tentative tract for August 1, 1978.
Mayor Tyrell declared the public hearing open. Planning Director
Dragicevich gave staff report, giving an analysis of the seven
exhibits, the lot area and number of parcels not meeting City
requirements for each. He further stated the City received a
petition signed by five property owners located immediately to the
east of the proposed subdivision requesting City Council, in their
consideration for approval, consider a 6 ft. high block wall adjacent
to their properties because of environmental factors. In their
deliberations, those Commissioners not approving the variance, were
in favor of staff alternative "C ".
Councilman Merritt noted that page 13 of the Environmental Impact
Report states fire protection is provided under contract and
requested it be corrected to show the City received fire protection
under a Fire Protection District.
In answer to question by Mayor Tyrell, City Attorney Martin advised
the Planning Couuuission resolution requires a fence or block wall
and the petitioners are requesting Council require a block wall on
the east perimeter of the subdivision.
Planning Director Dragicevich stated the applicant proposes to
relocate a structure on the westerly portion of the existing pro-
perty to within the subdivision in answer to question from Council-
man Merritt. He stated, however, the developer has not determined
at this time which lot the existing building will be relocated to
In answer to question from Councilman Dennis relating to the Com-
mission consideration of alternatives proposed by staff, City
Attorney Martin advised that in effect, the staff has recommended
against the applicant's original proposal. The applicant has
reviewed the alternatives and has indicated he can work with them.
Mr. George Weigand, 1425 Melody Lane, Arcadia, developer of the
tentative tract, stated the Planning Commission favored Exhibit
"A -1" on the basis Nadine Street would be extended through to
Golden West for safety factors and traffic flow; that he is agree -
able, however he would lose one building pad and on that basis
requested the Planning Commission grant a variance. In answer to
Mayor Tyrell's question whether he would be agreeable to constructing
a block wall, Mr. Weigand stated he would probably put in a block
wall, but feels it should be up to his discretion, citing the
differences in the cost between a wall and a solid fence. He
stated he would have to weigh the alternatives; whether the buyers
would be willing to spend a great deal of money for property and
then construct a block wall, or whether he should put one up and
add the cost to the price of the house.
Mr. Jay Kissak, 9831 Olive Street, stated his side yard will be
contiguous with four of the lots being proposed, and with the
possibility he may have four different fences along his lot, he
circulated the petition and there are five residents favoring
the construction of a block wall.
Council - Minutes, August 1, 1978 Page 3
Mr. Vern Nelson, 9843 Olive Street, stated it has been refreshing
to live next to vacant land, however.,.,he is sure the City will
work out an agreeable development`'fo'r' all concerned.
There being no one else come forward to speak, Councilman Merritt
moved to close the public hearing, seconded by Councilman Gillanders
and carried.
Councilman Gillanders stated in the past neighbors always negotiated
and built a fence which was agreeable to both parties and shared
the cost.
Councilman Atkins pointed out that the Planning Director has the
right to review plans for a fence or wall; that the developer does
not have blanket permission to put up whatever he wishes.
Mayor Tyrell stated he can sympathize with Mr. Kissak; four different
lots along his side yard with the possibility of four different
fences would be a hodge podge. If Mr. Kissak is interested in a
block wall maybe he should be required to pay for one -half of it as
an alternative.
Councilman Merritt stated it would be aesthetically nicer to have
one fence type or a block wall along the easterly perimeter.
Councilman Atkins stated the developer should be required to build
either a solid fence or block wall, but he should have some latitude.
The City should not require a block wall only.
Councilman Atkins moved that the draft Environmental Impact Report
be amended to include the, comments of those testifying at the
public hearing by incorporating a copy of the minutes in the report;
that the City Council certify 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 contained in the report;
and that any adverse environmental impact contained in the report
is overruled and counterbalanced by economic and social needs,
objectives and concerns in providing this community with private
or public improvements of municipal import, all as set forth in
the findings indicated in the minutes, and to approve the report
as amended, seconded by Councilman Gillanders and carried.
City Attorney Martin corrected Section 5, Item 12 of the Planning
Commission Resolution No. 78 -802PC to read that a design plan for
a perimeter wall or solid fence shall be submitted'to the Planning
Director for approval prior to the recordation of the Final Tract
Map, and such wall or solid fence shall be constructed prior to
occupancy permits. Adding (a) Should the developer select to
construct a solid fence rather than a block wall, and an adjacent
property owner(s) requests a block wall in lieu of a solid fence,
then the adjoining owner shall pay for one -half of the difference
in cost between the wall and the solid fence.
Councilman Dennis stated if the variance is'granted, he feels it
would be equitable to split the difference between the cost of a
solid fence and a block wall between the parties.
Councilman Atkins moved to concur with Planning Commission Resolution
No. 78 -802PC granting a variance and tentative tract, as modified
with respect to Item 12, seconded by Councilman Merritt.
Councilman Dennis expressed some doubts as to the benefits derived
from extending Nadine Street which necessitates a variance. The
majority of the Council felt for public safety reasons and traffic
flow there is a definite benefit to the City, and the motion to
approve carried without objection.
8 ORDINANCE NO. 78 -467: 2nd read. AMENDING SECTION 9291 OF TIIE ZONING
CODE RELATING TO PARKING REOUIREMENTS FOR CONDOMINIUMS AND CERTAIN
COM'IERCIAL USES
City Attorney Martin read Ordinance No. 78 -467 AN ORDINANCF OF THE
CITY OF TEMPLE CITY AMENDING SECTION 9291 OF THE TEMPLE CITY ZONING
Council Minutes, August 1, 1978 - Page 4
CODE for second reading by title only. Councilman Atkins moved
to waive further reading and adopt, seconded by Councilman
Gillanders and carried.
NEW BUSINESS:
9 RECOMMENDATION FROM TRAFFIC C0MIISSION - Special Meeting of July 26,197
TRAFFIC ENGINEERING SURVEYS RE: SECTION 40802, VEHICLE CODE
City Manager Koski presented background information, stating pursuant
to Section 40802 of the California Vehicle Code, an engineering and
traffic survey must be taken every five years where enforcement of
speed limits involves the use of radar. Certain streets were pre-
sented and approved by City Council at their regular meetings held
June 20, 1978 and July 18, 1978. Traffic Commission has reviewed
the Traffic Engineer's findings and recommendations, based on
accident statistics, existing speed, changes in condition of the
streets and recommends approval by City Council for speed limits on
certain streets as set forth in memo dated July 27, 1978 and on file
in the City Clerk's office.
Councilman Gillanders questioned Traffic Engineer regarding the
re- evaluation of speed recommendation for El Monte Avenue. Traffic
Engineer Envall stated following approval by City Council to increase
speed from 35 to 40 mph on El Monte, he had re- evaluated his findings
and in view of the fact the street is 56 ft. wide, rather than his
assumption of 60 ft. in his initial valuation, he would now recom-
mend that El Monte Avenue retain 35 mph speed limit.
Councilman Atkins moved to approve the speed limits as recommended
by Traffic Commission, seconded by Mayor Tyrell and carried.
10 TEMPLE CITY MUNICIPAL LIGHTING DISTRICT RE: SB 154
City Manager Koski presented background information, stating SB 154
has as it purpose the partial relief of local government financial
difficulties brought about by the approval of Proposition 13. The
bill appropriates and distributes funds to special districts for
the 1978 -79 fiscal year with specific procedures for allocation.
The State Controller has reported, in accordance with the Act,
the City of Temple City Municipal Lighting District has been
allocated a sum in the amount of $20,347.31 for the fiscal year
1978 -79.
Councilman Merritt moved to accept the report from the State Con-
troller advising the City of its allocation in the amount of
$20,347.31 and make a determination that such funds will be used
exclusively for district operation for fiscal year 1978 -79, seconded
by Councilman Atkins and carried.
11. COMMUNICATIONS:
A. Road Commissioner re: Aid -to- Cities Program
City Manager Koski presented communication from County Road Com-
missioner advising the Board of Supervisors has approved his recom-
mendation that during the period between July 1, 1978 and January 1,
1979, each City's 1978 -79 Aid -to- Cities subvention be limited to
no more than 50% of the proposed normal allocation. He further
advised the County final budget for 1978 -79 is anticipated to be
adopted prior to the end of August, at which time City will be
notified the amount of its allocation in order that City may submit
their normal claim letter.
Councilman Dennis moved to receive and file, seconded by Mayor Tyrell
and carried.
B. Claim for Damages - A. A. Ordino, 6138 N. Kauffman Avenue
City Manager Koski presented claim from A. A. Ordino, 6138 N.
Kauffman for damages alleged to have occurred June 23, 1978 at
the corner of Las Tunas Drive and Rowland Avenue, due to a large
chuck hole in the road. Councilman Atkins moved to deny and refer
Council Minutes, August 1, 1978 - Page 5
to JPIA, seconded by Councilman Gillanders and carried.
12. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr. Jay Kissak, 9831 Olive Street, stated that if he has to
share the cost for a block wall along the west side of his pro-
perty, he would prefer to do the job himself.
Mr. Hector Seguin, 5012 Halifax Road, inquired when assessment
notices for curb and gutter on Halifax would be mailed, stating
he was concerned the public hearing would be conducted while he
is on vacation. Mr. Seguin was advised the matter was on the
agenda as an item under Matters from City Officials.
Mr. John Eyroed, La Canada, stated he had attended the meeting
on behalf of his mother's interest; that she has lived on
Olive Street for 50 years, and stated Temple City is a great
community.
Florence Dinger, 9832 Nadine, stated Nadine is not a cul -de -sac,
but a deadend street with people constantly using the residents
driveway to turn around, and she is happy Nadine will become a
through street.
RECESS TO CRA:
City Council recessed at 8:29 p.m. to meet as the Community Redevelop-
ment Agency, all members being present, approved the minutes of the
regular meeting held July 18, 1978; approved fee schedule for financial
consultant services; and adopted resolution approving warrants and
demands. The minutes are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
13. ACTION ON REQUEST BY CRA:
There was no action to be taken.
14. MATTERS FROM CITY OFFICIALS:
A. Acceptance of Work: Camino Real et al
City Manager Koski presented recommendation from Valcon, Inc.,
engineers, to accept the work performed by West Coast Paving.
Councilman Dennis moved to accept the work performed, authorize
payment in the amount of $22,889.54 and filing of Notice of
Completion and release of the 10% retention at the end of the
35 -day lien period, and to set public hearing to consider assess-
ments September 19, 1978, seconded by Councilman Gillanders and
carried.
B. Councilman Merritt stated a representative from an oil company
had spoken recently to the Kiwanis Club and it was his opinion
government interference is causing a shortage and high prices.
D. Councilman Dennis directed Council's attention to the survey
taken regarding a Dial -a -Ride program, stating the Council has
been criticized over a period of time for not supporting such a
program; the survey indicates lack of support from the community;
and he feels the survey results should be made available as a
hand -out when a resident inquires about a Dial -a -Ride program.
Councilman Gillanders felt the survey was not a representation
of the couuuunity since the survey was mailed with the Newsletter
which did not reach a good portion of the community, and it is
his understanding the Community Communications Council is planning
to undertake a survey.
E. Councilman Atkins stated a number of young people are canvassing
the City want to know if residents want numbers painted on their
curb and requested the news media to emphasize the City requires
a permit to solicit for such work.
Council Minutes, August 1, 1973 - Page 6
15. ADJOURNMENT:
On motion by Councilman Gillanders, seconded by Mayor Tyrell,
Council recessed at 8:40 p.m. to a personnel session. Council
r(:,convened and adjourned at 8:50 p.m. . Next regular meeting
of the City Council will be held Tuesday, August 15, 1973, 7:30 p.m.
in the Council Chamber of the City Hall.
ATTEST:
Chief Deputy City Clerk
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