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