Loading...
HomeMy Public PortalAboutCity Council_Minutes_1979-05-15_Regular 1979CITY OF TEMPLE CITY CITY COUNCIL MINUTES. MAY 15, 1979 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, May 15, 1979, in the Council Chamber of the City Hall. 2. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 3. ROLL CALL: Present: Absent: Also Present: Councilmen - Atkins, Merritt, Tyrell, Dennis Councilmen - Gillanders City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Parks & Recreation Director Kohett, Planning Director Dragicevich, and Steve Johnston, Temple City Times Councilman Tyrell moved to excuse Councilman Gillanders for cause, seconded by Councilman Atkins and carried. Councilman Gillanders . was expected to arrive late having been in Sacramento attending the 1979 Legislative Seminar on Local Government Finance. 4. CONSENT CALENDAR: Items C -1, C -2, D -2, and E were removed from the Consent Calendar. Councilman Tyrell moved to approve Items A, B, D -1, and D -3 through I, seconded by Councilman Atkins and carried. A. APPROVAL OF MINUTES: Regular Meeting of May 1, 1979 Approved minutes as written. B. ROMANESQUE APARTMENTS STATUS REPORT RE: HEALTH CODE VIOLATIONS 5633 SANTA ANITA and 5610 WELLAND AVENUE Councilman Tyrell inquired about the tenants rights to withhold rents during the period the apartments are not habitable. City Attorney advised their rights in that respect are covered under Sections 1943 -1945 of the Civil Code. Council continued the matter to June 19, 1979 to allow completion of the corrections required by the Health Department. D.(1) PLANNING COMMISSION RECOMMENDATIONS - TENTATIVE TRACT NO.. 36739 Set Public Hearing on Planning Commission Resolution No. 79 -848PC for June 5, 1979. (3) PLANNING COMMISSION. ACTION - Regular Meeting of May 8, 1979 Received and filed memo setting forth actions taken by the Planning Commission at their regular meeting held May 8, 1979. F. APPROVE PLANS AND SPECIFICATIONS: LIVE OAK AVENUE IMPROVEMENT PROJECT - Baldwin Avenue to City Limits Approved plans and specifications for the construction of improve- ments for Live Oak Avenue and authorized staff to advertise and receive bids. G. RENEWAL OF AGREEMENTS: (1) COMMUNITY DISPOSAL COMPANY - STREET SWEEPING Approved rate increase for street sweeping services effective July 1, 1979. (2) COMMUNITY DISPOSAL COMPANY - RUBBISH COLLECTION Approved request for rate increase based upon the Consumer Price Index bringing single family residence to $4.40 per month and multiple units to $4.40 for the first unit and $2.20 for each additional unit. (3) LOS ANGELES COUNTY - GROUNDS MAINTENANCE Authorized staff to negotiate with Los Angeles County for a five year agreement for grounds maintenance for property adjacent to Library and Engineering Building. H. RESOLUTION NO. 79 -1807: INTENT TO ESTABLISH ASSESSMENT DISTRICT FOR MUNICIPAL STREET LIGHTING Adopted Resolution No. 79 -1807 A RESOLUTION OF THE CITY COUNCIL OF TEMPLE CITY INITIATING PROCEEDINGS, APPOINTING AN ENGINEER, DESCRIBING THE IMPROVEMENTS, DESCRIBING THE PROPOSED DISTRICT, AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PART 2, DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (LANDSCAPING AND LIGHTING ACT OF 1972) FOR THE FORMATION OF CITY WIDE LIGHTING DISTRICT. I. RESOLUTION NO. 79 -1808: WARRANTS & DEMANDS Adopted Resolution No. 79 -1808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $35,065.48, DEMAND NOS. 11990 THRU 12074. CONSENT ITEM C -2: TEMPLE CITY BOULEVARD /ELLIS LANE City Manager Koski presented background information, stating the Traffic Commission received a petition from property owners and tenants in subject area requesting a traffic signal or a boulevard stop sign to control the speed of vehicles on Temple City Boulevard. The Traffic Engineer investigated the location to ascertain if additional controls were warranted and found the reflector sign is in place for northbound traffic on the radius section; advance signing indicating the road split at Ellis Lane - Temple City Boulevard with advisory 25 mph signing in place and in good con- dition. Traffic Engineer recommended repainting the traffic island with white beaded paint, replacing missing stimsonite road reflec- tors where needed, and placing 75 feet of red curb on the east side of Temple City Boulevard. Traffic Commission recommended to City Council the implementation of all three recommendations of the Traffic Engineer. Councilman Tyrell stated he felt the recommendations do not go far enough and there should be some kind of barricade to protect the residents in view of the past incidents of cars and motorcycles swerving and jumping the curb into the front yard. Mayor Dennis stated he also was concerned that the recommendations will not correct the problem, in that the street is already signed properly with speed limit signs and advisory signs. Councilman Atkins stated he agreed with the other Councilmen. Councilman Tyrell moved to approve the recommendations as outlined in staff memo dated May 3, 1079 and in addition approve the installation of a barrier to physically protect the residents, the type cf_ barrier to be approved by the City Manager, seconded by Councilman Atkins and carried. 1 Council Minutes, May 15, 1979 - Page 3 CONSENT ITEM D -2: CONDOMINIUM CONVERSIONS City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held May 8, recommended to the City Council to impose a 120 day moratorium on condominium conversions. It was felt there is a growing problem in Southern California; the 120 days will allow time for the Couuiiission to develop standards and guidelines for condominium conversions. City Attorney Martin advised that there has been discussion that the Planning Commission did not go far enough and that the ordinance should be extended to include new construction. Councilman Tyrell felt the issue involved is the conversion of apartments to condominiums and new construction is an entirely different matter, that a moratorium on new construction could place a burden on developers presently planning and negotiating financing. Councilman Merritt felt that any conversions which have gone before the Planning Commission should not be held up, but any new con- struction or conversions should be included in a moratorium. Councilman Atkins stated he agrees with the Planning Commission; that we have zoning and building ordinances to provide protection on new condominiums and Council cannot legislate aesthetic con- siderations. Mayor Dennis stated that without an architectural review board for all types of construction in the City, Council cannot legis- late design or appearance of new construction. He feels it is beyond the purview of the City Council. City Attorney Martin introduced Ordinance No. 79-476 AN ORDINANCE OF THE CITY OF TEMPLE CTTY ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE IMPOSING A MORATORIUM ON NEW USES RELATING TO, AND ON BUILDING AND OCCUPANCY PERMITS FOR CONDOMINIUM CONVERSIONS PENDING PLANNING COMMISSION STUDIES WITH RESPECT THERETO as an urgency ordinance by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and carried. CONSENT ITEM E: TENNIS PROGRAM Councilman Tyrell advised a private tennis club has recently been formed as a corporation and he would like the group to have an opportunity to work with the Commission prior to Council's adopting a tennis program. Councilman Tyrell stated he feels the courts should not be reserved for instruction on Saturdays, Sundays or holidays; that a tennis instructor should enforce court rules when present; and on Saturday an instructor should have a maximum of two courts rather than three. Al Lehine, representing Temple City Tennis Club, spoke regarding the newly formed group, stating there are presently 44 members providing for full membership, beginners and juniors with plans to conduct tournaments. The Club would like to present their plans to the Parks and Recreation Commission to work with the department in providing a viable program to the community. Councilman Tyrell moved to continue the Parks and Recreation Commission recommendation for tennis program to June 5, 1979, seconded by Mayor Dennis and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: TENTATIVE PARCEL MAP NO. 571 (L.A. CO. 11844) RPD 73 -544 and TENTATIVE TRACT 36377 - 9809 -9821 LOWER AZUSA ROAD City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held April 10, 1979, Council Minutes, May 15, 1979 - Page 4 certified Environmental Impact Report and recommended approval of Tentative Parcel Map No. 271, RPD Case No. 78 -544 and Tenta- tive Tract No. 36377; subject property is locsted on the north side of Lower Azusa Road between Golden West Avenue and Agnes Avenue, consisting of an area totaling 4.3 acres of land; is currently used as a nursery and contains one residential dwelling with several accessory structures. The easterly portion of the subject property is proposed for a zone change from R -1 to RPD with a 23 -unit condominium project. The proposed zone change and tentative tract are in compliance with the General Plan of the City that designates the subject site as a medium residential density (12 units per acre). The tentative tract has an area of 2.06 acres of land and is considered adequate for an RPD develop- ment. The westerly portion of the site will remain in its present use. City Council, at their regular meeting held April 17, set public hearing for May 15, 1979. Mayor Dennis declared the public hearing open. Planning Director Dragicevich gave staff report, advising the easterly portion proposed to be developed will contain 14 two- bedroom units, the remaining 9 units will be 2 -story containing three bedrooms. Access will be off of Agnes and will have a crash gate on Lower Azusa Road for emergency entrance. The Environmental Impact Report prepared by the developer was found to be in compliance with state and City regulations. Councilman Merritt felt that an easement to Golden West Avenue should be included and the land set aside at this time. Planning Director Dragicevich advised that when the applicant is ready to develop the westerly portion of the property he will be willing to dedicate 30 ft. right of way at that time. The City has the option to ask for the dedication when the westerly portion is developed. Councilman Gillanders arrived at 8:06 p.m. George Weigands, 1425 Melody Lane, Arcadia, developer, stated the dedication in question is not contiguous with the proposed develop- ment. In answer to question from Mayor Dennis as to why the crash gate is proposed rather than circulation through the condominium development, Mr. Weigands stated the plan was developed so that traffic would be exiting at Agnes Avenue into the heavily traveled Lower Azusa Road, however, the crash gate with a fence along the perimeter will provide emergency access without non - residents travelling through, either in vehicles or pedestrian. There being one one else wishing to speak to the matter, Councilman Tyrell moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Tyrell moved to amend the draft Environmental Impact Report to include the comments of those testifying at the public hearing; 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; that the final Environmental Impact Report is ade- quate and provides reasonable information on the project; and that each and every adverse environmental impact contained in the amended report is overruled and counterbalanced by economic and social needs, objectives, and concerns in providing private or public improvements of municipal import, seconded by Councilman Atkins and carried. Councilman Atkins moved to concur with Planning Commission recom- mendations and approve Tentative Parcel Map No. 571 (L.A. County No. 11844), seconded by Councilman Tyrell and carried, Councilman Merritt noting his objection. Council Minutes,! May 15, 1979 - Page 5 Councilman Atkins moved to,.introduce Ordinance No. 79 -475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A CHANGE OF ZONE FROM R -1 TO RPD AND APPROVING A PROVISIONAL PLAN THERETO for first reading by title only, seconded by Councilman Tyrell and carried. Councilman Tyrell moved to adopt Resolution No. 79 -1810 A RESO- LUTION OF THE CITY COUNCIL OF TIIE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT NEAP NO. 36377, seconded by Councilman Atkins and carried. CONSENT ITEM C -1: RECOMMENDATION FROM TRAFFIC COMMISSION - SULTANA AVENUE - RANCHO PEAL City Manager Koski presented background information, advising the City Council, at their regular meeting held May 1, 1979, received a petition from residents in the vicinity of Sultana Avenue and Rancho Real for certain traffic controls and requesting the alley between Broadway and Rancho Real running east and west, be made one way, and referred the matter to the Traffic Commission for their recommendation. Traffic Engineer advised designating the east -west alley one way for westbound traffic would direct traffic down the unpave north -south alley onto Rancho Real, and the residents whose garages face onto the alley would be affected by the one way direction. Traffic Commission recommended additional traffic controls, however, recommended against designating the east -west alley one way for westbound traffic. Councilman Gillanders stated he had visited the site and talked with many of the residents and no one was opposed to the idea of designating the alley one way westbound. He further stated he was there when a tractor trailer came through, which he found to be somewhat frightening and he was amazed the Traffic Engineer took issue with the request. Councilman Tyrell agreed with Councilman Gillanders, stating the alley is not wide enough to accommodate two -way traffic. Howard Seville, 5451 Sultana Avenue, stated that large trucks using that alley are 50% of the problem, and the problem has been magni- fied with the gas lines, particularly the problem of litering. Councilman Gillanders moved to refer the matter back to the Traffic Commission for a special meeting to consider the request for one way westbound traffic on subject alley, seconded by Councilman Tyrell and carried. NEW BUSINESS: None. 7. COMMUNICATIONS: A. Appeal to Planning Couuuission decision - Tentative Tract 35982 City Manager Koski presented an appeal from Planning Commission denial for Zone Variance and Tentative Tract No. 35982 submitted by applicant within the required filing period. Councilman Tyrell moved to set public hearing June 5, 1979, seconded by Councilman Atkins and carried. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Frank "Bucaccio, 6345 Temple City Boulevard, complained about the nuisance which exists on property located at 6351 N.Temple City Boulevard , specifically overgrown weeds and a drainage problem which has attracted mosquitos. The property nuisance procedures were explained to Mr. Bucaccio and staff was directed to inspect the property and take the appropriate action. Council Minutes, May 15, 1979 - Page 6 RECESS TO CRA: City Council recessed at 8:45 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held May 1, 1979, accepted the report relating to the formation of Redevelopment Project Area assessment district prepared pursuant to California Health and Safety Code and adopted resolution requesting the City Council to declare it's intent to form said district; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 9. ACTION ON REQUEST BY CRA: Councilman Atkins moved to adopt Resolution No. 79 -1809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A RESOLUTION OF INTENTION TO FORM A SPECIAL ASSESSMENT AREA WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AND TO LEVY SPECIAL ASSESSMENTS ON PROPERTIES LOCATED THEREIN, seconded by Councilman Tyrell and carried. 10. MATTERS FROM CITY OFFICIALS: There were no matters to be considered. 11. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Atkins, meeting adjourned at 8:58 p.m. Next regular meeting of the City Council will be held Tuesday, June 5, 1979, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk