HomeMy Public PortalAboutCity Council_Minutes_1979-06-05_Regular 1979CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 5, 1979
INITIATION:
1. CALL TO ORDER:
Mayor ProTem Atkins called the regular meeting of the City Council
to order at 7:30 p.m. on Tuesday, June 5, 1979, in the Council
Chamber of the City Hall.
2. 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 ProTem Atkins.
4. ROLL CALL:
Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell
Absent: Councilmen - Dennis
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Parks and Recreation Director Kobett, Traffic Engineer
Envall, Lt. Jeanne Robertson, Temple Station, and
Steve Johnston, Temple City Times
Councilman Tyrell moved to excuse Mayor Dennis for cause, seconded
by Councilman Merritt and carried.
At this time, Louis Gilbertson, on behalf of Margie Calamia, Chairman,
and members of the Temple City Bicentennial Committee, advised the Council
there had been additional funds in the Committee treasury and it was
appropriate that the last expenditure of funds were used to purchase and
present to the City a new American Flag. On behalf of the City Council
Mayor ProTem Atkins accepted the flag, saying the flag would be displayed
with great pride, and thanked the Committee for their outstanding job.
5. CONSENT CALENDAR:
Items E -2, F -1, F -2, and G were removed from the Consent Calendar.
Councilman Merritt moved to approve Items A through E -1, E -3,
F -3, and Items H through M, seconded by Councilman Tyrell and
carried.
A. APPROVAL OF MINUTES: Regular Meeting of May 15, 1979.
Approved minutes as written.
B. PROPOSED BUDGET - FY 1979 -80
Accepted proposed budget for fiscal year 1979 -80 and set public
hearing June 19, 1979.
C. APPROVE SPECIFICATIONS FOR RE- ROOFING OF CITY HALL
Approved specifications and authorized staff to advertise
and receive bids, Mayor ProTem Atkins noting his non - participation.
D. RECOMMENDATION FROM TRAFFIC COMMISSION - Special Meeting of May 23
EAST -WEST ALLEY BETWEEN SULTANA AVENUE AND ROSEMEAD BOULEVARD
Approved Traffic Commission recommendation as set forth in staff
memo dated May 24, 1979 with the modification the east -west alley
be one way westerly from Sultana to Rosemead. Council also
approved the improvement of the north -south alley, appropriated
Council Minutes, June 5, 1979 - Page 2
additional funds in the amount of $6,000 and amended the
adopted budget accordingly.
E. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION
(1) TENNIS INSTRUCTIONAL PROGRAM
Approved recommendation that the tennis program proposal
received from Robert Holycross for services as an independent
contractor to provide the total City tennis program on a self -
sustaining fee and charge basis effective June 1, 1979.
(3) RENEWAL OF AGREEMENT WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT
Approved recommendation that the existing . agreement between the
City and School District be renewed without change.
F. RECOMMENDATION FROM PLANNING COMMISSION
(3) PLANNING COMMISSION ACTION
Received and filed memo setting forth actions taken by the
Planning Commission at their regular meeting held May 22, 1979.
H. ORDINANCE NO. 79 -475: 2nd read. CHANGE OF ZONE FROM R -1 TO RPD
TRACT NO. 36377 - 9809 -9821 LOWER AZUSA ROAD
Held second reading and adopted Ordinance No. 79 -475 AN ORDINANCE
OF THE CITY OF TEMPLE CITY ESTABLISHING A CHANGE OF ZONE FROM R -1
TO RPD AND APPROVING A PROVISIONAL PLAN THERETO.
I. RESOLUTION NO. 79 -1811: ELECTING TO PARTICIPATE IN THE JPIA .
WORKERS' COMPENSATION PROGRAM
Adopted Resolution No. 79 -1811 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY ELECTING TO PARTICIPATE IN THE'
WORKERS' COMPENSATION JOINT SELF - INSURANCE PROGRAM OF THE
SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY.
J. RESOLUTION NO. 79 -1812: SB 821 FUNDS - PEDESTRIAN FACILITIES
FY 1979 -80
Adopted Resolution No. 79 -1812 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR PED-
ESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION
OF ITS SIDEWALK IMPROVEMENT PROGRAM.
K RESOLUTION NO. 79 -1813: EXPRESSING INTENTION TO ACQUIRE CERTAIN
REAL PROPERTY FOR PUBLIC STREET PURPOSES - LIVE OAK AVENUE PROJECT
Adopted Resolution No. 79 -1813 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY EXPRESSINGS ITS INTENTION TO ADOPT A
RESOLUTION ATTACHED THERETO.
L RESOLUTION NO. 79 -1817: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 79 -1817 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
M. RESOLUTION NO. 79 -1818: WARRANTS & DEMANDS
Adopted Resolution No. 79 -1818 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE
SUM OF $170,320.90, DEMAND NOS. 12075 THRU 12238.
CONSENT ITEM E -2: REQUEST TO USE LIVE OAK PARK - TEMPLE CITY YMCA
Councilman Tyrell stated it is not customary to reserve the park
for any purpose to any one group from June through August and he
felt the Council should require a 10 -day cancellation clause,
should the park be needed for general public use. Councilman
Gillanders agreed.
Council Minutes, June 5, 1979 - Page 3
Councilman Tyrell moved to approve the request from Temple City YMCA
for use of a portion of Live Oak Park to conduct a Day Camp, subject
to a 10 -day cancellation clause, seconded by Councilman Gillanders
and carried.
CONSENT ITEM F -1: PROPERTY NUISANCE CASE NO. 79 -50, 9559 WOODRUFF AVE.
Councilman Gillanders stated that since the City holds an easement
on the property subject to nuisance abatement in Resolution No.
79 -1819, he felt the City should pay for the removal of curb and
gutter and driveway approach at subject property. Councilman
Gillanders also stated he takes exception to Planning Commissioner
Seibert's statement that a recommendation be made to the Parking
Commission not to approve application for on- street parking, in that
he feels it is not correct to terminate the tenants parking at sub-
ject location and recommend against an overnight parking permit
before it has been applied for.
Councilman Tyrell moved to adopt Resolution No. 79 -1819 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN
PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF,
amended to read "The replacement of the curb will be at City expense ",
seconded by Councilman Merritt and carried.
Ingrid Dowling, 9559 Woodruff Avenue, requested clarification on
the action taken, and was advised the City had declared the parking
at subject address in a manner as to impede pedestrian traffic
across the right -of -way a public nuisance and that the City will
remove the driveway approach and replace curb and gutter. Ms.
Dowling was further advised the Traffic Commission would decide on
her application for an overnight parking permit.
CONSENT ITEM F -2: PROPERTY NUISANCE CASE NO. 79 -51, 6002 PRIMROSE
AND 9553 -55 WOODRUFF AVENUE
Councilman Tyrell moved to adopt Resolution No. 79 -1820 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN
PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF,
amended to read "The replacement of the curb will be at City expense ",
seconded by Councilman Merritt and carried.
CONSENT ITEM G: PROPOSED ORDINANCE RE: BURGLAR ALARMS
City Manager Koski presented proposed ordinance with changes as
requested by City Council.
Councilman Tyrell moved to introduce Ordinance No. 79 -477 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING PART F TO CHAPTER
1 OF ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE by title only and
waive further reading, seconded by Councilman Gillanders and carried.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: APPEAL TO PLANNING COMMISSION DECISION - TENTATIVE
TRACT 35982, SULTANA AND BROADWAY
Mayor ProTem Atkins declared the public hearing open and asked for
staff report. Planning Director Dragicevich gave staff report,
stating the Planning Commission, at their regular meeting held
May 8, 1979, held public hearing and adopted resolution disapproving
Tentative Tract Map No. 35982. The proposal is for a 9 -unit condo-
minium project including a conversion of existing 4 units in an
R -3 zone; the existing 4 units face Broadway, 3 of which are approx-
imately 18 months old, while the existing house to the rear is
24 years old. The parcel facing Sultana contains two single family
dwellings which will be demolished and 5 units will be built. There
will be a total of 18 enclosed and 5 open parking spaces. The
Planning Commission disapproved the tentative tract because of the
diverse age of the structures and because condominium ownership
requires that all owners share in the maintenance of the project
there would be an inequality, and that the plan, as presented,
appeared to be two condominium projects. In further action, the
Planning Commission did not certify the Environmental Impact Report
which was found to be adequate, but incorrect as to its conclusions.
Council Minutes, June 5, 1979 - Page 4
Councilman Tyrell moved to include the Planning Commission minutes
as part of the record, seconded by Councilman Merritt and carried.
Mayor ProTem Atkins invited anyone wishing to speak to the subject
to come forward.
Robert Meyer, 9063 E. Broadway, stated the Planning Commission seemed
to feel the proposed condominium was a hodge -podge plan; the exterior
of the older unit is completely redone, and the homeowners association
has no responsibility for the interior of the condominiums; also
certain items are pro -rated according to the units and it is not
anticipated that all owners will assume equal responsibility; the
EIR will be modified and he will submit a copy of the CC& R's prior
to final approval of the tract map.
Councilman Merritt inquired about the lack of driveway through the
entire development which would appear to limit the condominium con-
cept in that all owners of the condominium would not enjoy use of
the total area. Mr. Meyer stated it is detrimental to have driveways
used by too many people and he feels the separate driveways to
individual units is a plus.
There being no one else come forward to speak, Councilman Gillanders
moved to close the public hearing, seconded by Councilman Merritt
and carried.
Councilman Merritt stated he is not happy with the plan; that if he
were buying a condominium he would want to get around the area
without inconvenience and he feels the lack of vehicle circulation
is detrimental.
Councilman Tyrell stated he is concerned with the difference in ages
of the units and feels the project would not make a good condominium
development.
Councilman Gillanders stated this was a case in point that there is
a need for standards for condominium conversion.
Mayor ProTem Atkins stated he shares Councilman Merritt concern
about the lack of circulation throughout the area; that he feels
the developer is trying to put together two projects, that each
could stand alone on its own merit and he also shares, to a lesser
degree, the concern regarding the difference in ages of the
buildings.
Councilman Tyrell moved that the Environmental Impact Report, while
adequate, is incorrect as to its conclusions and the City Council
cannot certify it, seconded by Councilman Merritt and carried.
Councilman Tyrell moved to deny the appeal and uphold the Planning
Commission disapproval of Tentative Tract No. 35982 on the basis
the two separate units are improperly tied together, there is
insufficient circulation, and the ages of the units are too varied,
seconded by Councilman Merritt and carried.
7. PUBLIC HEARING: TENTATIVE TRACT NO. 36739 - 9547 -53 Garibaldi Avenue
Mayor ProTem Atkins declared the public hearing open and asked for
staff report. Planning Director Dragicevich gave staff report,
stating the Planning Commission, at their regular meeting held
May 3, 1979, held public hearing and adopted resolution recommending
approval of Tentative Tract No. 36739 for the construction of a
17 -unit condominium project in an R -3 zone. The request for a zone
variance to build 13 units was denied. The proposed project would
consist of 17 two -story units with a subterranean garage for all car
spaces. The development would have a 15 ft. rear yard and a 15 ft.
side yard setback. The proposal is in compliance with the General
Plan and the Zoning Code of the City. The draft Environmental Impact
Report prepared by the developer, was certified by the Planning
Commission. City Council, at their regular meeting held May 15, 1979
Council Minutes, June 5, 1979 - Page 5
set this matter for public hearing June 5, 1979.
Councilman Merritt moved to include the Planning Commission minutes
as a part of the record, seconded by Councilman Tyrell and carried.
Mayor ProTem Atkins invited anyone wishing to speak to the subject
to come forward.
Michael Klipa, 8135 Arroyo Drive, So. San Gabriel, representing the
applicant, stated the 15 ft. setbacks on the rear and side yard
will provide adequate space from neighbors and provide them a better
feeling for the new development; that the 17 units have been expanded
because of the lost unit. Mr. Klipa stated he would be happy to
answer any questions the City Council may have.
In answer to question from Mayor ProTem Atkins regarding the
accommodations for oversized vehicles, Mr. Klipa stated the height
of the garages will be 8 ft. If owners have recreation vehicles
higher than that, there is planned green space which could be
utilized for parking. He would recommend to go full subterranean
parking and hope the market will justify his judgment.
Councilman Gillanders stated the CC&R's could require recreation
vehicle parking away from the condominium.
Councilman Tyrell noted the Environmental Impact Report states the
increase in law enforcement services would be negligible and
inquired how the occupants will get from the driveway or garages
to their unit. Mr. Klipa advised each unit has individual entry
from their garage. A power operated gate is proposed for entry
to the garage area.
Councilman Tyrell inquired as to how fire equipment will gain entry
in case of a fire in one of the rear units. Mr. Klipa stated
they have to meet the Fire and Uniform Building Code and concern
regarding these items is premature.
Virgil Graf, 6118 Primrose Avenue, stated his objection to a 2 -story
building which will eliminate his privacy. He also felt that guests
would not use the proposed guest parking space, but would park on
the street.
John Miller, 6122 Primrose Avenue, expressed his concern . about the
number of condominium projects being developed in Temple City; and
stated the parking problem which will result from the development
will depreciate property in the immediate area; privacy will be
infringed on and there will be an excessive amount of noise added
to the neighborhood.
Mrs. Frattarel, 6114 Primrose Avenue, stated there are six houses
on her side of the street and most people use their driveway to
park leaving the street for guests. With the added number of units
there will be no place to park on the street. She also stated
children walk along Primrose to Longden School and expressed con-
cern about their safety.
In rebuttal, Mr. Klipa stated there are 2.2 parking spaces per dwelling
unit; if each unit had two cars they would need 34 parking spaces
and 46 are proposed, plus 10 guest parking spaces. The condominiums
will be worth considerably more than anything in the neighborhood at
the present time and should increase the value of the surrounding
properties; that the CC &R's will guaranty maintenance of the property.
There being no one else come forward, Councilman Tyrell moved to
close the public hearing, seconded by Councilman Merritt and carried.
Councilman Tyrell moved to amend the Environmental Impact Report
to include the comments of those testifying at the public hearing
and response thereto by incorporating a copy of the minutes into
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 the City Council
has reviewed and considered the information contained in the report;
that the final EIR is adequate and provides reasonable information
on the project; and that any adverse impact contained in the amended
Council Minutes, June 5, 1979 - Page 6
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 Merritt
and carried.
Councilman Tyrell stated he felt that there is going to be a
parking problem, comparing this development to the condominium
at Temple City Boulevard and Broadway where there is approximately
500 ft. of on- street parking compared to 105 ft. for the proposed
development. The problem arises from have minimum street frontage
and using depth of the property to accommodate the number of units.
Councilman Gillanders stated the proposed condominium is aestheticall
beautiful and he feels it will be a credit to the community in
another location.
City Attorney Martin advised the Council the parking spaces proposed
more than meets the current code requirements.
Mayor ProTem Atkins stated the development meets the Zoning Code
requirements, guest parking is provided on the premises, the
developer has attempted to provide privacy inasmuch as possible
for the surrounding neighbors, and he is in favor of the plan.
Councilman Merritt moved to approve Planning Commission Resolution
No. 79 -848PC approving Tentative Tract Map 36739, with the additional
conditions there be a security gate and the CC&R's regulate recreation
vehicle parking, seconded by Councilman Tyrell and carried on a roll
call vote:
ROLL CALL:
AYES: Councilmen - Atkins, Merritt, Tyrell
NOES: Councilmen - Gillanders
8. CITY -WIDE LIGHTING DISTRICT:
City Manager Koski presented background information, stating the
City Council, at their regular meeting held May 15, 1979 adopted
Resolution No. 79 -1807 ordering an Engineer's Report for a proposed
City -Wide Lighting District. The Engineer has prepared his report
and is here to answer any question the Council might have.
Dwight French, Municipal Services, Inc., stated he reviewed the
existing Zone B and Zone A for lighting level, reviewed commercial
and multiple dwelling zones to determine lighting level and relative
benefit, and based upon use, intersection lighting, intensity within
the zones, determined assessments which he considered fair and
reasonable for fiscal year 1979 -80 only.
In answer to question from Councilman Tyrell, Mr. French advised
without state bailout monies the assessments would be increased
approximately 50 %. Council, of course, has the option to adjust
the proposed assessments outlined in the report.
Councilman Tyrell moved to adopt Resolution No. 79 -1815 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE ENGINEER'S
REPORT FOR A CITY -WIDE LIGHTING DISTRICT, seconded by Councilman
Gillanders and carried.
Councilman Tyrell moved to adopt Resolution No. 79 -1816 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS IN-
TENTION TO ORDER THE FORMATION OF A CITY -WIDE LIGHTING DISTRICT,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND FIXING
A TIME AND PLACE FOR HEARING OBJECTIONS THERETO, the time being
June 19, 1979, 7:30 p.m., seconded by Councilman Gillanders and
carried.
NEW BUSINESS:
There was no new business.
9. COMMUNICATIONS:
A. Request for Temporary Closure of Ardsley Drive - July 4, 1979
City Manager Koski presented communication from residents on Ardsley
Council Minutes, June 5, 19 /'J - rage /
Drive, west of Temple City Boulevard to Sparklett Avenue to
close Ardsley Drive within these limits from 3:30 p.m. to 10 p.m.
on Wednesday, July 4, 1979. The Sheriff's Department and Fire
Department will be notified of the specifics as in the past.
Councilman Tyrell moved to approve request for temporary closure
of Ardsley Drive between subject limits, subject to conditions
of adequate barricades and cleaning the street prior to reopening,
seconded by Councilman Merritt and carried.
10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
1
Boyce O'Bannon, 10316 Olive Street, requested an opportunity to
make some input to the Engineer's Report relating to the City -Wide
Lighting District. Mr. O'Bannon was advised the report was sub-
mitted to the Council only this evening, that the City Council
will hold a public hearing June 19th for input from the community.
Louis Gilbertson, 9232 Sparklett, stated that Council heard from
the community during their seminars that residents wished to keep
Temple City a single family residential community and expressed
his disappointment that the Council is allowing so many condominium
developments.
Marianne Milch, 6155 N. Kauffman Avenue, introduced Elsa Stone,
President of the Temple City Women's Club, who presented, on behalf
of the Ways and Means Committee, an American Flag to be used wherever
needed in the name of the Temple City Women's Club.
Al Lehine, 331 W. Las Tunas Drive, Arcadia, thanked the Council for
putting a notice of the Temple City Tennis Club in the new Temple
City Newsletter, advising the club now has 89 charter members, with
22 on the waiting list. Mr. Lehine advised there will be a tourn-
ament against the Monterey Park Tennis Club to be held June 29 in
Monterey Park and the club will be requesting permission to hold
some meets on the Temple City courts in the future.
IRECESS TO CRA:
1
City Council recessed at 9:30 p.m. to meet as the Community Redevelopment
Agency, Mr. Dennis being absent; approved the minutes of the regular
meeting held on May 15, 1979 and adjourned to June 19, 1979. The minutes
are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
11. ACTION ON REQUEST BY CRA:
There was no action to be taken.
12. MATTERS FROM CITY OFFICIALS:
A. Personnel - Various
On motion by Councilman Tyrell, seconded by Councilman Gillanders,
Council approved classification changes for Park Maintenance Man II,
Planning and Engineering Assistant, and a new classification for
Steno -Clerk as set forth in staff memo dated June 5; 1979.
B. Councilman Gillanders advised that the Assembly bills and
Senate bills relating to gun control which were opposed by City
Council in their resolution May 1 were all defeated, as was
SB 858.
13. ADJOURNMENT:
0
On motion by Councilman Tyrell, seconded by Councilman Gillanders,
meeting adjourned at 9:45 p.m. Next regular meeting of the City
Council will be held Tuesday, June 19, 1979, 7:30 p.m. in the
Council Chamber of the City Hall.
ATTEST:
Chi - Denutv City Clerk