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HomeMy Public PortalAboutCity Council_Minutes_1978-12-05_Regular 19781 CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 5, 1978 INITIATION: 1. CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:40 p.m. on Tuesday, December 5, 1978, in the Council Chamber of the City Hall. 2 INVOCATION: The invocation was given by Reverend Ted Hartman, First Lutheran Church, 9123 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell Councilmen -None City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Parks and Recreation Director Kobett, Planning Director Dragicevich, Steve Johnston, Temple City Times 5. CONSENT CALENDAR: On motion by Councilman Atkins, seconded by Councilman Merritt and carried, Items A through E on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES: Regular Meeting of November 21, 1978 Approved as written. B. STATUS REPORT: PERMIT TO MAINTAIN AVIARY: 4946 N. Heleo Terminated proceedings. C. REQUEST FOR PARTIAL PAYMENT: PACIFIC TENNIS COURTS, INC. Authorized payment in the amount of $9,002.60 D. RESOLUTION NO. 78 -1768: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 78 -1768 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. E. RESOLUTION NO. 78 -1769: WARRANTS & DEMANDS Adopted Resolution No. 78 -1769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $106,206.97, DEMAND NOS. 10919 THRU 11001. UNFINISHED BUSINESS: 6. PUBLIC HEARING: ADJUSTMENT OF STREET LIGHTING ZONE BOUNDARIES - ANNEXATION FROM ZONE B TO ZONE A City Manager Koski presented background information, stating the City Council, at their regular meeting held November 7, 1978, adopted Resolution No. 78 -1764 setting public hearing for December 5, 1978 Council Minutes, December 5, 1978 - Page 2 relating to adjustment of zone boundaries of the lighting district. Legal notices were published and posted pursuant to the Street Lighting Act of 1919 for three areas: a) Farago Avenue, Grand to Freer; b) Green Street, Glickman Avenue to Baldwin Avenue; and c) Farago Avenue, 5300 block. Categorical exemptions were prepared for the three areas on the basis that the installation of street lights constitutes a modi- fication to existing utility poles, as defined in the California Environmental Quality Act of 1970, as amended. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to the matter to come forward. There being no one wishing to speak, Councilman Dennis moved to close public hearing, seconded by Councilman Atkins and carried. Councilman Atkins moved to; certify the Categorical Exemptions and adopt Resolution No. 78 -1767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ADJUSTMENT OF THE ZONE BOUNDARIES OF THE STREET LIGHTING DISTRICT WITHIN THE CITY, seconded by Councilman Gillanders and carried. 7. PUBLIC HEARING: TENTATIVE TRACT 35027, 5548 WELLAND AVENUE 1 City Manager Koski presented background information, stating the Plan- ning Commission, at their regular meeting held November 14, 1978, adopted Resolution No. 78 -817PC recommending approval of Tentative Tract No. 35027 for construction of a nine unit condominium project, each having an attached 2 -car garage, and an additional 5 open spaces for parking. The two story units are located on the east side of Welland Avenue, total site consists of .56 acres, with 82 ft. of street frontage. City Council, at their regular meeting held November 21, 1978 set public hearing for December 5, 1978. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to the subject to come forward. Carlos Ygalbe, 205 Olive Street, Alhambra, civil engineer for the development stated he would attempt to answer any questions raised, and advised the developer is familiar with all conditions set forth in the Planning Commission resolution and are acceptable to him. Ray Doyle, 5530 Welland Avenue, expressed concern about the placement of the trash•bins•on the property, and inquired whether the large trees would be removed. Planning Director Dragicevich advised that the original plan had been revised and that the trash bins have been moved so that they are now 20 ft. from the property line; the Jacuzzi has been moved to the area between the two structures. Connie Swank, 5538 Welland Avenue, stated her objection to the area planned for the trash bins, stating 20 ft. was too close to the living area of the tenants of the condominium immediately south of the proposed development, people do not close the lids of the trash bins because they are too heavy and they breed flies and rats. Ms. Swank also expressed concern the trees, which in her opinion are diseased, will be allowed to remain. Ms. Swank was advised there will be two 6 ft. block walls between the trash bin and her property, and that it is possible to provide trash bins which have a trap door like lid within the lid so that they can be kept closed. Mrs. Ray Doyle, 5530 Welland Avenue, stated she still did not feel 20 ft. from the property line is sufficient. There being no one else come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Gillanders and carried. Council Minutes, December 5, 1978 _ Page 3 1 Councilman Merritt 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 that 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 counter- balanced by economic and social needs, objectives and concerns in pro- viding this community with private or public improvements of municipal import, seconded by Councilman Atkins and carried. Councilman Atkins moved to approve Tentative Tract No. 35027, subject to all conditions as set forth in Planning Commission Resolution No. 78 -817PC as shown on Exhibit A -1, seconded by Councilman Merritt and carried. Council directed staff to work with the developer in providing trash bins with lids that can be opened easily so that the lid is not left open at all times, and to inquire about twice weekly pickup for multiple residential units in that area by the disposal company. 8. ORDINANCE NO. 78 -470: 2nd read. RELATING TO FENCES AND WALLS City Attorney Martin read Ordinance No. 78 -470 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 7148 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO WALLS AND FENCES for second reading by title only. Council- man Merritt moved to waive further reading, seconded by Councilman Dennis and carried.' Councilman Dennis moved to adopt Ordinance No. 78 -470, seconded by,:- Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Gillanders, Merritt NOES Councilmen- Atkins, Tyrell IEW BUSINESS: 9. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of November 28 FEES FOR PLANNING DEPARTMENT SERVICES City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held November 28, 1978, reviewed the current fees being charged by the City for certain Plan - ning Department services and recommended increasing those fees. According to the Finance Department, the average hourly rate of the Planning Department personnel is $15.23 and staff analysis shows the fees are not covering the costs for services rendered. No change is recommended for Zone Variances as it is this service that is most often requested by the residential homeowner. Councilman Atkins moved to approve Planning Commission recommendation to increase Department fees and instruct the City Attorney to prepare the appropriate ordinance, seconded by Councilman Gillanders and carried. 10.. PROPOSED ORDINANCE RELATING TO RELIGIOUS SOLICITATIONS City Attorney Martin introduced Ordinance No, 78 -471 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW CHAPTER 6A TO THE TEMPLE CITY CODE RELATING TO RELIGIOUS SOLICITATIONS for first reading by title only, Mr. Martin advised that in recent months several religious organizations have filed suit in federal court against several cities in the San Gabriel Valley charging that the religious solicitation ordinances are invalid in that they are usually combined with charitable solicitation ordinance and usually vests discretion in issuing authority which violates the religious freedoms of the First Amendment. The churches have been victorious and cities mandated to change their ordinance and also pay attorneys fees Council Minutes, December 5, 1978 - Page 4 ranging from $10,000 - $20,000. He advised the Temple City ordinance is of questionable validity and has prepared the proposed ordinance for Council review and consideration. Councilman Atkins moved to waive further reading, seconded by Mayor Tyrell and carried. 11 PROPOSED ORDINANCE REGULATING BURGLARY AND ROBBERY ALARM SYSTEMS City Manager Koski advised the proposed ordinance regulating burglary and robbery alarm systems was received from the Sheriff's Department requesting Council consideration; a typical ordinance was discussed by City Council approximately two years ago, however state law pre- empted local control for a period of time. He advised there is varying opinion regarding an ordinance of this type. The Institute for Local Self Government has researched this area and have found 1) enforcement is usually directed against a property owner and creates citizen dissatisfaction with police service; 2) does not materially reduce false alarms, and 3) discourages needed and effective installations. Councilman Dennis moved to defer consideration of subject ordinance to a study session, seconded by Councilman Atkins and carried. 12 •APPEAL OF PLANNING COMMISSION DECISION: ZONE VARIANCE 78 -549 - 5830 CLOVERLY AVENUE City Manager Koski advised an appeal has been filed within the sub- scribed period of time from the Planning Commission decision denying a zone variance proposed for a 4 -unit condominium located at 5830 N. Cloverly Avenue. Subject property is located in an R -3 zone and occupied by . a single family residence. The application for variances included a) reduced rear yard setback for a 2 -car garage; b) reduced driveway width; and c) vehicle access to a 2 -car garage directly visible from a public street. Planning Commission denied the variances on the basis there is not unusual circumstances; the owner is not being denied the property rights possessed by others and he could develop the property without a variance which is requested to permit one additional unit on the property. Councilman Merritt moved to hear the appeal based on the record which includes the appeal memo from the City Manager, the appeal itself, the resolution of the Planning Commission denying variance (Resolution No, 78- 818PC), the summary of the Planning Director before the Planning Commission, minutes of the November 14 meeting of the Planning Commission, the Environmental Impact Report and checklist, and Exhibit A, seconded by Councilman Atkins and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Gillanders, Merritt NOES: Councilmen- Dennis, Tyrell Councilman Dennis stated he voted no because he did not feel enough facts were contained in the records to make a decision. By means of Exhibit A, Planning Director Dragicevich gave history, stating applicant proposes to construct a 4 -unit condominium project with a 2 -car garage located on the rear property line abutting a public alley which requires a five foot setback - proposed, 0 feet; a driveway providing access from a public alley requiring a width of 16 ft, - proposed, 12 ft.; and a 2 -car garage having vehicular access directly visible from a public street. The Planning Comiission was of the opinio if the developer built three units instead of the proposed four he would be able to meet the requirements of the code, and denied the application on the basis the property is not unique, no special circumstances justify a variance and he is not being denied the property rights possessed by others. Councilman Atkins moved to deny the appeal, seconded by Councilman Dennis and carried on a roll call vote: Council Minutes, December 5, 1978 - Page 5 ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Tyrell NOES: Councilmen- Merritt 13. COMMUNICATIONS: 1 A. Kiwanis Club - Request to Conduct Line of Dimes, January 26, 1979 City Manager Koski presented communication from Kiwanis Club of Temple City requesting permission to conduct its annual Line of Dimes Cam - paign at the intersection of Las Tunas Drive from 11:30 a,m, to 5:30 p.m. January 26, 1979, and Mother's March February 11,1979 from 6 p.m. through 8:30 p.m. Councilman Atkins moved to approve request as set forth in Kiwanis Club letter dated November 21, 1978 subject to the required Certificate of Insurance naming the City of Temple City additionally insured and pro- vided the automobile solicitation is conducted by adults 18 years of age or older, seconded by Councilman Gillanders and carried. 14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Domenic Mortellaro, Domenic's Family Shoe Store, addressed the Council concerning the signing of the 30 spaces by Lloyd's Bank for customers only, stating he realized the bank owns all of the parking spaces and has the right to sign them, however, customers of the stores immediately west of the bank cannot park for convenient shopping, and he questioned the continuation of the restricted on-street parking on Camellia Avenue. Council referred the matter to the Traffic Commission to review the necessity of continuing the restricted on- street parking on Camellia" Avenue for their comment. RECESS TO CRA: Ity Council recessed at 9 p.m. to-meet as the Community Redevelopment Agency,. 1 members being present, and approved the minutes of the regular meeting Id November 21, 1978° There being no other business the meeting adjourned at 9:01 p.m. The minutes are set forth in full in the records of the Agency, RECONVENE AS CITY COUNCIL: 15. ACTION ON REQUEST BY CRA: There was no action to be taken. 16. MATTERS FROM CITY OFFICIALS:, A. FIREWORKS ORDINANCE City Manager Koski stated that his records. do not show final'action taken.to set policy to extend consideration to certain outside groups requesting firework stand permit who have a membership within the corporate limits of the City. In reviewing Section 3114 of the Municipal Code the three primary considerations are 1) principal and permanent meeting place in the City, 2) organized and established in the area that is within the City for a minimum of two years, and 3) bona fide membership of at least 20 members. In order to consider organizations who meet outside the corporate limits of the City but which have a large membership from residents of Temple City, the Council would have to interpret "City "' in the broad context of the immediate surrounding area. Councilman Atkins moved to interpret Section 3114 to include the City's sphere of influence as defined by LAFCO, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Dennis, Merritt, Tyrell NOES: Councilmen - Gillanders Council Minutes, December 5, 1978 - Page 6 Councilman Dennis stated he feels the content of the membership is an important factor and moved to require applicant organization membership comprise 51% residing in Temple City, seconded by Mayor Tyrell, In discussion as to how the City could determine Temple City residents comprise 51% of the organization's members, Councilman Dennis felt the organization could provide a roster of their total membership. Councilman Gillanders stated many of the organizations' membership changes as much as 35 -40% over a period of one year which would create a great deal of bookkeeping on their part. City Manager Koski also pointed out that it could be a time consuming task for the staff in verifying whether the organization is meeting the intent of the code. The motion failed on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis NOES: Councilmen- Atkins, Gillanders, Merritt, Tyrell B. REVISED DRAFT AIR QUALITY MANAGEMENT PLAN City Manager Koski directed Council's attention to the review of the revised Draft Air Quality Management Plan prepared by Commissioner Breazeal and forwarded to Council December 1. Council approved the comments on selected goals, policies, and strategies as prepared by Commissioner Breazeal and directed they be transmitted to the Southern California Association of Governments and the South Coast Air Quality Management District, C, City Manager Koski advised Council the property located at 6051 Reno Avenue, about which staff had informed Council a property nuisance exists, is being cleaned up and is presently in escrow, Do Councilman Atkins stated he read with interest the proposal of the County Fire Services Commission relating to Fire Department consolidatio and staffing and disagrees with their recommendation that the Commission seek the legal and procedural means for total county consolidation in some form. E. Councilman Gillanders stated he was out of town when the lights at Live Oak Park were energized; has since visited the park and is impressed. F. Mayor Tyrell directed Council's attention to the holiday foot patrol, the holiday drunk driving patrol, the Ram's football banquet scheduled for December 18, and the City Officials dinner and the Sheriff's dinner scheduled for December 13 and 14 respectively. 17. ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Gillanders, meeting adjourned at 9:20 p.m. Next regular meeting of the City Council will be held Tuesday, December 19, 1978, 7:30 p.m. in the Council Chamber of the City Hall. MAYO ATTEST: Chie Deputy City Clerk