HomeMy Public PortalAboutCity Council_Minutes_1979-08-27_Regular 1979CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 21, 1979
INITIATION:
1. CALL TO ORDER:
Mayor Dennis called the regular meeting of the City Council to
order at 7:36 p.m. on Tuesday, August 21, 1979, in the Council
Chamber of the City Hall,
2. INVOCATION:
The invocation was given by Pastor Robert Knox, Seventh Day
Adventist Church, 9664 E. Broadway.
3.. The Pledge of Allegiance to the Flag was led by Mayor Dennis.
4. ROLL CALL:
Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Lt. Jeanne Robertson, Temple Station, and Julie
Estrada, Temple City Times
At this time, Mr. Sid Munger, Automobile Club of Southern California,.
presented the AAA Pedestrian Safety Award for 1978. Mr. Munger advised
that of the 400 cities .in .the United States with 25,000 to 50,000
population, Temple City ranked in the 94th percentile; this is the
fourth consecutive year Temple City has received the Pedestrian Safety
Award, and the eighth out of 12 years the City has participated,
Mayor Dennis expressed the Council's appreciation.
5. CONSENT CALENDAR:
Councilman Tyrell moved to approve Items A through H on the Consent
Calendar as recommended, seconded by Councilman Atkins and carried.
A. APPROVAL OF MINUTES: Regular Meeting of August 7, 1979
Approved as written..
B,. L.A. COUNTY REQUEST FOR CITY SOLID WASTE COLLECTION ORDINANCE
Received and filed,_.
C. LIVE OAK AVENUE IMPROVEMENT PROJECT - PROGRESS PAYMENT
Approved payment of the progress billing in the sum of $53,009.57.
D. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of August 14
(1) TENTATIVE TRACT NO. 36735, NORTH OF HALLOWELL AVENUE BETWEEN
HALIFAX ROAD & ARDEN DRIVE (SEEMAN SCHOOL)
Set Public Hearing September 18, 1979.
(2) PLANNING COMMISSION ACTION
.Received and filed.
E. CETA S.UBGRANT.AMENDMENT
Approved .the Subgrant Agreement and authorized Mayor and City
Clerk to sign.
Council Minutes, August 21, 1979 - Page 2
F. APPROVAL OF AGREEMENT: COUNTY AND CITY - BALDWIN AVENUE,
LIVE OAK AVENUE TO LOWER AZUSA ROAD
Found the project categorically exempt from the provisions of
the Environmental Quality Act of 1970 and authorized the Mayor
and City Clerk to sign.the.agreement,
G. RESOLUTION NO. 79- 1835: EAPLOYMENT OF;PERSONNEL
Adopted Resolution No. 79 -1835 A RESOLUTION OF THE CITY.COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
A. RESOLUTION NO. 79-1836: WARRANTS & J DEMANDS,
Adopted Resolution No.. 79-1836A .RESOLUTION OF, THE, CITY COUNCIL
OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS-IN THE'
SUM OF $166,442.55, DEMAND NOS. 12654 THRU 12781.
UNFINSIHED BUSINESS:.
6o PUBLIC HEARING: EXTENSION OF MORATORIUM RE: STANDARDS FOR
CONDOMINIUM ,,CONVERSION,
City Manager Koski presented background information, stating the
City Council, at their regular meeting held May 15, 1979 adopted
Ordinance No. 7.9 -476 as an urgency ordinance, imposing a mora-
torium on condominium conversions pending Planning Commission :e
studies which expires, September. 12, 1979. , Subsequently,,, City
Council .adopted `Ordinance.N.o. 79-478 imposing a. moratorium on
new condominium' : developments, expiring ,October 6,..1979. Because
the need to ;.study condominium conversions and- new condominium`,
development as a unit, the proposed ordinance extending the;:
moratorium on condominium conversions has an expiration date'of
October 12, 1979 to allow time to complete the studies. ,.
Mayor.. Dennis.. declared .. the public hearing open and invited anyone
wishing to speak Lo ,come .forward. . There being no one come forward
to speak, Councilman Atkins moved to close the public hearing,
seconded by Councilman Gillanders and carried.
City Attorney Martin introduced Ordinance No. 79 -479 AN ORDINANCE
OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO. 79 -476
by title only. Councilman Tyrell moved to waive further reading
and adopt, seconded by Councilman Gillanders and carried.
NEW BUSINESS:,
7. APPLICATIONS FOR RELIEF FROM MORATORIUM ON CONDOMINIUM DEVELOPMENT
PURSUANT TO SECTION 6 OF ORDINANCE NO. 79 -478
City Manager Koski advised-that Section 6 of Urgency Ordinance
No. 79 -478 provides for application for relief from the moratorium
on the basis of hardship; there are 9 pending tentative tracts
with the Planning. Department, 8 of which have filed applications
for relief.
Mayor Dennis stated no specific guidelines were adopted by
Council regarding relief insofar as what makes a hardship case.
There are letters from the 8 applicants explaining why they feel
a.hardship exists and he would like to hear from each applicant
and they may wish to expand on their application, and Council
also may wish to ask questions.
City Manager. Koski advised that he and the City Attorney had
reviewed the ordinance and offer the following as guidelines:
1) time in progress; 2) costs incurred; 3) personal hardship;
and 4) whether legal or financial ramifications exist.
City Attorney Martin .advised a moratorium always imposes some
hardship and the ordinance was written for an inordinate hard-
ship over and above that normally associated with a moratorium.
Council Minutes, August 21, 1979 - Page 3
(1) TENTATIVE PARCEL MAP NO. 574, 6131 No GOLDEN WEST AVENUE
Emil Metz, owner /applicant, stated his is a personal financial
hardship; he purchased the property in October 1978 and his
inexperience in putting together a development of this nature
has caused some delay having originally expected the project
would be completed before .December 1979. Mr, Metz advised
they have had a cash. outlay .of approximately $3,000 and have a
total monthly cost of $1,600 which includes interest loss by
deferring sale of their present home and rental loss on the
residence at 6131 Golden West Avenue.
In answer to questions from _Council Mr. Metz advised he purchased
the property with borrowed funds, that no escrow is pending, and
that the staff has been most cooperative in assisting him with
his application for tentative tract.
Councilman Tyrell stated Mr. Metz total monthly cost represents
a substantial outlay and .on that basis he moved to approve
application for relief un.de.r Section 6 of Ordinance No. 79 -478,
seconded by Councilman Merritt and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Merritt, Tyrell, Dennis
NOES:, Councilmen- Atkins, Gillanders
(2) TENTATIVE TRACT NO, 35584, 6351 TEMPLE CITY BOULEVARD
(3)..TENTATIVE TRACT NO, 37582, 4503 -15 ELLIS LANE
Lui.e Arias, representing J. H. Hedrick & Co., owner /applicant,
stated his company has gone through an expensive process; their
- application was denied by Planning Commission, following delay
for a full Environmental Impact Report, on the basis of an
existing non - conforming structure relating to Tract 35584; that
the company. incurs. $1,800 per month on escrow extensions relating
to Tract 37582. Mr. Arias was unable to answer some questions
put forth by Council and simply stated his company has incurred
a hardship because of time on Tract 35584 and a financial hard-
ship. on Tract 37582.
Councilman Tyrell moved to .deny application for relief under
Section 6. of Ordinance No. 79 -478 for Tentative Tract No, 35584
and ,Tentative Tract. No. 37582, seconded by Councilman Gillanderso
Mr,. Bob Meyer, J. H. Hedrick & m. Co, advised stated Tract 35584
has been. In the hands of.the City approximately nine months;
Tract 37582 involves another party in escrow,
Councilman. Tyrell withdrew his motion on the basis the application
was inadequately presented, approved by Councilman Gillanderso
Councilman Tyrell moved to continue Tentative Tracts 35584 and
37582 to September 18, 1979, seconded by Councilman Gillanders
and carried, Councilman Atkins noting his objection.
(4) TENTATIVE TRACT NO, 38313, 5122 -24 ROSEMEAD BOULEVARD
King Luk, owner /applicant, stated he did not address himself to
financial facts because he misunderstood Section 6; the tract
development involves a limited partnership with the partners
having limited resources and no income is coming from the pro-
perty which imposes a financial hardship. He stated he has
pursued this. application for tentative tract diligently with the
Planning Department.,
Mayor Dennis noted t.hat. no Environmental Impact Report has as
yet been submitted and the matter was scheduled for a hearing
before the Planning Commission. in September.
Council Minutes, August 21, 1979 - Page 4
Councilman Tyrell stated the application was filed with. the
Planning Department in July, the application. is not completed
and normal process of the application will take some time yet.
Councilman Tyrell moved to deny on the basis a hardship does
not exist, seconded by Councilman Gillanders and carried,
Councilman Merritt noting his _objection.
(5) TENTATIVE TRACT N0. 38349, 5048 SERENO AVENUE
Mrs, Lois Yount, 5048 Sereno Avenue, stated she has found a
home in Montclair which .is. in escrow, her escrow with the
developer for her present. home .being this week. Her children
are already enrolled in Montclair schools, her son in a special
education class not available in Temple City.
In answer to questions. from City Council, Mrs. Yount advised
her home has been in escrow approximately four months and a
condition of the sale to the developer of the property is being
able to continue with his application for tentative tract to
_construct six condominiums,
Councilman Atkins stated he is opposed to any extensions for
financial reasons, however this applicant is incurring a personal
hardship because of her commitment to purchase another property,
and moved to grant an exemption from Ordinance No. 79 -478 for
Tentative Tract No, 38349, seconded by Councilman Tyrell and
carried,
-(6)- TENTATIVE TRACT NOe 37830, 6004 -6018 ROSEMEAD BOULEVARD
Mr, Frank Saum.ur, Noliau Development Co., owner /applicant, stated
this tentative tract has been in .process since May 1978; an
18 unit apar.L.m.ent was denied. and since that time they have been
working .on a 15 unit condominium development and filed their new
.concept with the Planning Department in April 1979. The tract
has been approved by the Los Angeles County Subdivision Committee,
the EIR has been .submitted and a delay would be a severe personal
hardship In. that he is paying $600 interest on borrowed funds
as well as having incurred additional expenses for engineering
and the Environmental Impact Report,
Councilman Tyrell noted that .the application states their counsel
is. _preparing the CC &R`s which should require a good portion of
the .60 days. Councilman Tyrell moved to deny on the basis a
hardship. does not exist, seconded by Councilman Gillanders and
carrieda.
(7) TENTATIVE TRACT NO, 359.82, 5520 SULTANA AVENUE
Mr, Robert Meyer, owner, stated his original request for a 9 unit
condominium project was .denied on the basis of existing structures;
that he obviously has taxes. and on -going expense in interest
payments, but most important he is concerned with his status if
a new ordinance is adopted changing the requirements for condo-
minium development, and inquired if he would have to start over
from .the beginning,
Councilman Gillanders responded that should Council adopt a new
ordinance he would fall under whatever regulations apply after the
passage of the new ordinance:
In .response to Council'.s. question, City Attorney Martin advised
if changes are made in. the ordinance any application. for tentative
tract still pending would have to comply with the new requirements.
Councilman Atkins. moved to deny application for relief from.
Section 6 of Ordinance No, 79 -478 for Tentative Tract Noe 35982,
seconded by Councilman Gillanders and carried,
1
1
Council Minutes, August 21,.1979.- Page 5
(8) TENTATIVE TRACT NO. 37828, 5819 ALESSANDRO
Mr. Allan Chip.p, .owner. /app.licant, stated his project began
13 months ago; the tentative ,tract has L. A. County Subdivision
Committee approval and the Environmental Impact Report has been
filed.. He felt the moratorium is unfair to those people who
have been working on their projects any length of time. Mr.
Chipp_also stated a financial burden of $800 per month exists.
Councilman Merritt moved to .deny.application for relief from
Section 6 of Ordinance .No. .7.9 -47.8 in that this tentative tract
was scheduled for hearing before the Planning Commission in
September and the process will take the length of time the
moratorium is effective, seconded by Councilman Gillanders and
carried.
8. COMMUNICATIONS:
A. Temple City Ministerial Association and Church Women United
re:. Request for UNICEF Drive, October 31, 1979
City Council received request from Temple City Ministerial
Association and Church Women United for permit to solicit for
UNICEF October 31, 1979 and at the; organizations' request,
continued the matter to September 18, 1979.
B. Claim for Damages:... Automobile Club of Southern California
City Manager. Koski .presented .claim for damages from Automobile
Club of Southern California for subrogation rights resulting
from an accident at Las Tunas Drive and Rosemead Boulevard at
a time when Caltrans was working on ,the traffic signals.
Councilman Gillanders moved to deny and refer to JPIA, seconded
by Councilman Merritt and carried.
TIME FOR THOSE IN. THE AUDIENCE WHO WISH TO SPEAK:
King Luk inquired .whether .he should proceed with his tentative
tract based on the current ordinance. City Attorney Martin
advised any applicant for tentative tract does have the right
to proceed with his..p.roj.ect, however the Council has put notice
forth they will not process applications and if changes are made
in the ordinance, applications pending might be affected, 'and
therefore, anyone proceeding with their project will be doing so
at their own risk.
..RECESS..T0 CRA:.
City Council recessed at 9 p.m. to meet as the Community Redevelopment
Agency, all members being present; and approved the minutes of the
regular meeting held August 7, 1979. The minutes are set forth in
full in the records of the Agency.
.RECONVENE AS CITY COUNCIL:
I 9. ACTION ON REQUEST BY CRA:
There was no action to be taken.
10. MATTERS FROM CITY OFFICIALS:
A. Request for Time Extension - Parcel Map No. 570 (L. A.
County No. 10279) - 6355 Golden West Avenue
City Manager. Koski advised the City received a request for an
extension of time to record subject Parcel Map subdividing the
property located at the southwest corner of Golden West Avenue
and Val Street into two parcels, each containing a single - family
residence.
Council Minutes, August 21, 1979. - Page 6
Councilman Atkins moved to approve extension of time to record
Parcel Map to October 21, 1979, seconded by Councilman Gillanders
and carried.
Bo Mayor Dennis directed Council's attention to draft of letter
concerning AB 8 which will be forwarded to our local state
legislators and the members of the joint Assembly- Senate Confer-
ence Committee on AB 80 ...
C. Councilman Gillanders moved to confirm Mayor Dennis' appoint-
ment of Sig Caswell to the vacancy on the Parks and Recreation
Comiuission to a term ending June 30, 1980, seconded by Councilman
Merritt and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Atkins, Gillanders, Merritt, Dennis
NOES: Councilmen - Tyrell
D. Councilman Tyrell directed attention to the memo from Acting
Captain John Biard advising that during the work stoppage four
Sergeants and one Deputy provided patrol services to Temple City,
stated he felt they should be recognized with a Certificate of
Appreciation.
On motion by Councilman Merritt, seconded by Councilman Tyrell, the
Council meeting recessed to a Study Session at 9:10 p.m. Council
reconvened at 10:25 p.m. on motion by Councilman Tyrell, seconded by
Councilman Merritt.and carried.
E. Emergency Operations Center
It was moved by Councilman Tyrell to make necessary minor
modifications to the proposed plan, develop a set of specifications
and authorize advertising for bids for the conversion of the
library basement to an Emergency Operations Center, seconded by
Councilman Gillanders and carried, Mayor Dennis noting his objection.
11. ADJOURNMENT:
On motion by Councilman Merritt, seconded by Councilman Atkins,
meeting adjourned at 10:30 p.m. Next regular meeting of the
City Council will be held Tuesday, September 18, 1979, 7:30 p.m.,
in the Council Chamber of the City Hall.
ATTEST:
Deputy City C er