HomeMy Public PortalAboutCity Council_Minutes_1973-12-04_Regular 1973 CITY OF TEMPLE CITY
COUNCIL MINUTES
DECEMBER 4, 1973
INITIATION:
1. Mayor ,Tyrell ..called the regular meeting of the City Council
to order at 7 : 38 p.m. on Tuesday, December 4, 1973 , in the
Council Chamber of the City Hall.
2 . The invocation was given by Reverend R. E. Schulz, First
Lutheran Church, 9123 E. Broadway .
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell .
4. ROLL CALL:
Present : Councilmen-Dennis , Gilbertson, Merritt, Tyrell
Absent: Councilmen-Briggs .
Also Present : City 14anager. Koski, City•, Attorney Martin, Assistant
to the City Manager Biel, Planning Director
Dragicevich, Parks and Recreation Director Kobett;
Public Works Coordinator Leonetti
Councilman Gilbertson moved to excuse Councilman Briggs for
cause, seconded by Councilman Merritt and carried.
5. APPROVAL OF MINUTES :
Councilman Gilbertson moved to approve the minutes of the regular
meeting. of the City Council held on Tuesday, November 20, 1973 ,
as written, seconded by,- Councilman Merritt and carried.
Junior Girl Scout Troop- No . 446 was given recognition by_, Mayor Tyrell
who presented a special certificate to the group.., . Jennifer .Walters
gave a short history of the troop which is sponsored by, the
Westminster Presbyterian Church and has a membership of 25- fourth,
fifth, and sixth grade girls . Some of their activities have been
the Temple City Encampment , work on badges and Christmas crafts , and
plans to build a float for the Camellia Festival parade. Jennifer
introduced the girls in the troop who were present and their leader,
Mrs . Nan MacDonald.
Mayor ProTem Dennis introduced Gayle Gorrell, recently crowned
Miss California and presented her with a nosegay from her friends
-� . and neighbors . Mayor Tyrell presented Miss Gorrell. with a plaque
noting her accomplishments brought recognition to the City as well
as to herself.
City Council acknowledged the presence of Kenneth Eastman, appointed
to the Traffic Commission, and Michael Avila, appointed to the
Youth Commission, each appointment effective December 1, 1973 for
term ending June 30 , 1974, following which the Oath of Office was
administered.
UNFINISHED BUSINESS :
6. PUBLIC HEARING: 7: 30 p .m. TO AMEND GENERAL PLAN TO CONFORM TO
THE EXISTING ZONING CODE AND ZONING MAP AS REQUIRED BY SECTION
65860 OF THE GOVERNMENT CODE.
City Manager Koski presented background information, advising
that California Government Code, Section 65860 , requires the
City' s zoning ordinance be consistent with the City 's adopted
General Plan. The law specifies that the various land uses
authorized' by the zoning ordinance be compatible with the
. � objectives , policies , general land uses and programs specified
Council Minutes , December 4, 1973 - Page., ,2
in the General Plan, The Planning- Commission has studied 17
inconsistencies between the Zoning,,.Ordinance and the General
Plan as listed in memorandum dated November 29 , .:1973 and filed
in ,the_ City." Clerk' s office , and recommends that" the General
Plan be amended with respect to areas 1 , 2 , 4, 7 , 8 , 11, 12 ,
13, 14A and 14B. All other areas are recommended to be post-
poned pending ,further study
Planning"„Director George-Dragcevich detailed the existing
land use, zoning.,"_and density requirements of the General Plan,
.together with _specific :proposals. -by,., the Planning Commission with
respect to each of the areas listed in the November 29, 1973
memorandum, calling ..Council' s attention to the maps disp_lay_ed
which showed land use of the surrounding_...areas .
Mayor Tyrell declared the Public Hearing open, and invited those
present who wish to speak for or against the amendments to the
General Plan to come forward. No one came forward to speak.
Councilman Gilbertson moved to close the Public Hearing_,._ seconded
by Councilman Merritt and carried.
Councilman Gilbertson moved to postpone areas 3, 5 , 6, 9, 10,
15, and 16 for further study seconded by Councilman Dennis and
carried.
Councilman Gilbertson moved to amend the General Plan to change
from High...Medium Density_ to Commercial with regard to area 1,
seconded by Councilman Dennis and carried.
Councilman Gilbertson moved to amend the General Plan to change
from Low Medium and High.„Density to Low Density with regard to
area 2 , seconded by Councilman Dennis and carried,
Councilman Merritt moved to amend the General Plan to change
from Low Medium Density to Low Density with regard to area 4,
seconded by Councilman Gilbertson and carried,
Councilman Gilbertson moved to postpone area 8 for further
study, seconded by Councilman Merritt and carried.
Councilman Gilbertson moved to amend the General Plan to change
from High Medium Density :to Commercial with regard to areas
11, 12, and 13, seconded by Councilman Merritt and carried,
Councilman Dennis moved- to postpone areas 14A and 14B for
further study, seconded by Councilman Gilbertson and carried,
Councilman Dennis moved to postpone area 7 and refer back to
Planning Commission for further study and Public Hearing,
seconded by Councilman Gilbertson and carried.
City Attorney presented Resolution No . 73-1318 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE
GENERAL PLAN -OF THE CITY by title only, with respect to areas
1, 2 , 4, 11, 12 , and 13 , Councilman Gilbertson moved to adopt,
seconded by Councilman Dennis and carried,
7.' PUBLIC HEARING: 7 : 30 p .m, TENTATIVE TRACT MAP NO. 31886, east
side of McCulloch Avenue south of Daines Drive and Environmental
Impact Report >
City Manager Koski presented background information, advising
public hearing on Tentative Tract Map No . 31886 was continued
from the City Council meeting of November 6 , 1973, to consider
Council Minutes , December 4, 1973 - Page 3
means, of making,__the proposed subdivision consistent with the
General Plan; .the proposed density, as submitted, being• 21 units
_.per acre and the General Plan Map indicating a maximum of 15
units .per .acre . The developer has submitted a new propo.sal �to
reduce the density from 21 to 19 units per acre and increase
.the open space. The area where the subject property .is located
is recommended to be upgraded from Low Medium Density..to High
Medium Density..,which allows 16-25 units per acre . Mr . Koski
recommended 'Council consider the Environmental Impact Report
and take whatever action would be appropriate- since the area
has been designated for further study..,. .
In response to Councilman Gilbertson' s question concerning
restrictions under the Environmental Protection Act , City Attorney
Martin advised the matter could be subject to EPA regulations .
Mayor Tyrell declared the Public Hearing open, and invited those
present to speak in favor or against Tentative Tract Map No .
31886 .
Mr. Eldon Bowen, 5912 N. Encinita, developer, stated he had
made an attempt to improve on the proposed subdivision, thinks
_ it is a fine project, and cited other projects he'd developed
+ within the City of Temple City .
There being no other persons to speak in favor or against the
project, Councilman Merritt moved to close the Public Hearing,
seconded by. Councilman Gilbertson and carried.
Councilman Gilbertson moved to approve the Environmental Impact
Report, seconded by Mayor Tyrell and carried.
Councilman Dennis stated that he felt Council could not approve
the project at this time since they had to make a determination
with regard to the inconsistency of zoning to the General Plan
in that area. He agreed the lots in question need upgrading,
but felt the entire area needed consideration.
Councilman Gilbertson stated he was in favor of looking at the
area as a whole , however the proposed subdivision is consistent
with the General Plan, and he felt the development would improve
the area. Councilman Gilbertson moved to find the proposed
subdivision consistent with the General Plan, approve the Environ-
mental Impact Report subject to clarification of the EPA California
Transportation -Control Plan, and approve the Tentative Tract Map
No. 31886; as revised, subject to conditions as outlined in
Resolution No. 73=535PC, seconded by- Councilman Merritt and
carried on -a roll call vote :
ROLL CALL:
AYES : Councilmen-Gilbertson, Merritt, Tyrell
NOES : Councilmen-Dennis
ABSENT: Councilmen-Briggs
8. PUBLIC HEARING: 7 : 30 p .m. RE: DETERMINATION OF PUBLIC NUISANCE -
IVANHOE, 9669 E. Las Tunas Drive
City Manager Koski presented background information, advising
that at their meeting held November 6, 1973 , City Council
continued -Public Hearing re : determination of a public nuisance
in the operation of the Ivanhoe Bar, 9669- E. Las Tunas Drive,
to give the' owners of the Ivanhoe the opportunity to correct
the problems and to report what has been accomplished.
Lt. Richard Wallace stated that since the November 6, 1973
meeting, 97 checks were made by units on duty during. the evening
Council Minutes , December 4, 1973 - Page 5
The Sheriff' s Department endorses both the concept .presented
in AB 1306 and the Los Angeles Criminal Justice Board.
Councilman Gilbertson moved to adopt Resolution No . 73-1319
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE ,CITY
IN LOS ANGELES COUNTY TO RECOGNIZE THE LOS ANGELES REGIONAL
CRIMINAL JUSTICE PLANNING BOARD AS THE COUNTY REGIONAL CRIMINAL
JUSTICE PLANNING AND COORDINATING BODY FOR CRIMINAL JUSTICE,
seconded by Councilman Merritt and carried.
10. SLURRY SEAL PROJECT - FY 1973-74, MAINTENANCE AREA #5
City. Manager, Koski advised as a part of the City,'s preyentive
maintenance program .,the. streets in.Maintenance Area .#5 not
affected
by- other street work have been scheduled for slurry
seal during. the current fiscal year . Because of the urgency
of the petroleum crisis there is justification to consider
this project for informal bid solicitation and award the
contract prior to the end of the year.
Councilman Gilbertson moved to adopt Resolution No . 73-1321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ADOPTED PURSUANT TO SECTION 37906 OF THE GOVERNMENT CODE OF
THE-" STATE OF CALIFORNIA RELATING TO A PUBLIC CONTRACT by
title only, seconded by Councilman Merritt and carried on a
roll call vote :
ROLL CALL:
AYES : Councilmen-Dennis , Gilbertson, Merritt, Tyrell
NOES : Councilmen-None
ABSENT : . Councilmen-Briggs„
11. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Meeting
of' November 21, 1973 - APPROVAL OF IMPROVEMENTS AT LIVE OAK PARK
City Manager Koski advised the American Little League had
constructed an unauthorized addition to the existing •concession
stand at Live Oak Park and at their regular meeting held on
November 21 , the Parks and Recreation Commission received
a formal request from American Little League, with a diagram,
showing the addition made, as well as additional requests to
reroof-'three buildings , -fumigate the concession stand and
construct a cement pad for the trash bin. The Parks and
Recreation Commission recommended that City Council approve
American Little League request for improvements .
Councilman Merritt moved to accept the construction of an
addition to the existing concession stand at Live Oak Park
by American Little League, and to approve the other "repairs
as outlined in memorandum dated November 26, 1973 , at no cost
to the City, seconded by Councilman Dennis and carried,
12 . APPEAL FROM PLANNING COMMISSION DENIAL - ZONE VARIANCE CASE
73-406, 5243 Temple City Boulevard.
City Manager Koski presented background material , stating
the Planning Commission, at their regular meeting of
November 13, . 1973, denied a request' to divide the subject
property into four parcels , one with 'substandard lot area
and three with less than the required lot width and/or. street
frontage. - Applicant filed an appeal of the Planning Commission
action ori November 23 , 1973.
Councilman Merritt moved to set Public Hearing December 18,
1973 to. consider the appeal from Planning Commission denial for
a zone variance, seconded by Mayor Tyrell and carried.
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Council Minutes, .. December 4, 1973 - Page 6
13. APPEAL FROM PLANNING COMMISSION DENIAL - ZONE-VARIANCE CASE
73-400, 9925-31 Garibaldi
.Ci.ty._Manager Koski presented background material, stating
the Planning_,,Commission, at their regular meeting of
November 13 , 1973, denied a request for zone variance to
create a 6-lot subdivision with reduced setbacks , average lot
width, and lot area in an R-1 zone. Applicant filed an appeal
from the Planning Commission action on November 23 , 1973.
Councilman Dennis moved to set Public Hearing December 18, 1973
to consider the appeal. from Planning ,Commission denial for a
zone variance, seconded by Councilman Merritt and carried.
14. RESOLUTION NO. 73-1320 : WARRANTS & DEMANDS , Demand Nos . 9008
through 9081 in the amount of $35 ,467 . 82 .
Councilman Gilbertson moved to adopt Resolution No . 1320
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $35 ,467. 82 ,
DEMAND NOS . 9008 THRU 9081, seconded by Councilman Dennis and
carried.
15 . COMMUNICATIONS:
A. League of California Cities - Re: Temple City Resolution
No. 73-1314, Censuring.._the Board of Directors .
Council received letter from the League_ of California Cities
acknowledging.,receip.t. of Resolution No. 73-1314 concerning the
recent League _Annual Conference, and advising..,Tthe .resolution
would be placed on the agenda of the Board of Directors at
their next meeting_. scheduled for the third week of January,
1974. Council directed staff to ascertain the date of the
meeting of the League Board of Directors and to send a copy
of the resolution to all cities in Los Angeles County advising .
of: the ,scheduled meeting.
B. Temple City- Ministerial Association - Re: Invocations
City Council received and filed a letter from the Temple, City
Ministerial Association suggesting...that. the practice of opening
City Council meetings with prayer be continued, utilizing the
members of the Council for this responsibility and that members
of the clergy continue to be invited from time to time,
16 . TIME" FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
A. Penny Graham, President, Temple City Chamber of Commerce,
inquired if-the City has taken any action regarding the
Environmental Protection Agency, California Transportation
Control Plan. Mrs . Graham was advised that- a meeting of all
City Attorneys and County Counsel was scheduled for Thursday,
December 13, 1973 to coordinate efforts in obtaining judicial
review of the plan and presenting ,alternatives to the plan,
B, John' DeWitt, Youth Commissioner, addressed the City Council ,
thanking them for tFie opportunity to serve on the Youth Commission.
RECESS TO MEET AS CRA
On motion of Councilman Merritt, seconded by Councilman Dennis ,
Council recessed at 9 : 08 R,m. to meet as the Community Redevelopment
Agency.
Council Minutes , December 4, 1973 - Pag:e_ 7
Council convened as the Community Redevelopment .Agency, _ Mr. Briggs
being absent;, approved the minutes of the regular meetingu_of, July
17, -1973;. ,received the Disposition and Develop ment.._Agreement;
ado__pted Resolution No. CRA-11 adopting._The Procedures for Implementation
of California Environment_ Quality.,. Act of 1970 and Regulations of the
California Resources Agency.;," received and approved comments and state-
ments filed. by. special. counsel, Eugene B. Jacobs with the Environmental
Pro tection..Agpppy. and authorized the agency staff to notify_.__EPA- by
lette,,r;'of' our concurrence -with the petition filed with the U. S .
Environmental Protection Agency on November 29 , 1973; and adjourned
to ..their next regular meeting. The minutes are set forth in full
in the CRA records .
COUNCIL, RECONVENED AT 9 : 17 p .m.
17 .- MATTERS FROM CITY OFFICIALS:
A. Councilman Merritt moved to authorize the City Attorney to
represent Temple City in pursuing whatever legal remedies may
be deemed appropriate in countering the adverse effects of the
recently enacted EPA requirements , seconded by Mayor Tyrell
and- carried.
B. Intra.-City Transportation System:
City Council received the staff report- on the Intra-City
Transportation System and adopted the fixed route system as
outlined in memorandum of November 30 , 1973, utilizing two
24-passenger buses to be .provided by Embree Buses , Inc. of
Pasadena. The fare was established at . 25e per day,,-and the
hours 10 : OO..a.m... to_. 5 : 30 .p em. ,_ six days., a week begi _",
nning
December 7 and. _endingeon. .December 24, 1973. The Chamber of
Commerce has._pledged their support and financial participation
in an estimated amount of $1, 000. Councilman :Gilbertson moved
to appropriate necessary funds not to exceed the amount of
$2 ,500 from. the General Fund and amend the . adopted budget
accordingly, seconded by Councilman Merritt and carried.
C. Sanitary_ Sewer System Study -
City Manager_ Koski presented report on the status of Temple
City' s sanitary sewer sy"s_tem completed. by, the County Engineer
which recommended plans , specifications , and cost estimates
be prepared for the reconstruction of the sewers on Agnes
Avenue and on Lower Azusa Road be included in the fiscal
year 74-75 budget , and the preparation of cost estimates on
a surveillance program be included in the 74-75 budget.
Councilman Gilbertson moved to adopt the County Engineer' s
recommendations , seconded by Councilman Dennis and carried.
D. Hot Meals to Senior Citizens -
City Council received and filed a report concerning the
Nutrition Program for the Elderly which was added to the
Older Americans Act of 1965 on March 22, 1972 . The West
San Gabriel Valley Commission on Aging has applied for funding
under . the act and the organization has received approval from
the- Temple City Unified School District for use of the
cafetorium at Cloverly School .
E. Joint Financing of Community Swimming Pool Facility
by Los Angeles County located on school district sites
Council- received report concerning the joint financing of
community swimming pool facilities by Los Angeles County
Council Minutes , December 4, 1973 - Page 8
located on school district sites which was requested at
their meeting of November 20 , 1973. Councilman Gilbertson
will review the report and make recommendations at the
regular meeting. of December 18, 1973.
F. Widening.., - Public Parking Lots , Temple
City. Boulevard, north of Las Tunas Drive
City, Council received and filed a report advising _of the
estimated costs for widening-...driveway aprons to the public
parking lots at their entry on Temple City Boulevard north
of Las Tunas Drive. In view of the estimated cost of $3, 150
Council directed no further action be taken on this matter.
G. Fire Incidents -' 1973
City_ Council received a report from Chief Roy Swank concerning
the number of fires in different classifications and their
locations for the year 1973 . Council indicated their desire
for a similar annual report.
H. City Council requested City Attorney prepare a comprehensive
supplemental report to his statement concerning Conflicts of
Interest .
181- - ADJOURNMENT :
On motion by Councilman Gilbertson, seconded by Councilman
Merritt, City Council adjourned at 9 :45 p .m. to the next
regular meeting of the Council which would be held on Tuesday ,
December 18, 1973 , 7 : 30 p .m. in the Council Chamber of the
City Hall.
ATTEST: 1
Ch Deputy-City Clerk