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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. ... � J _. .'f.' .. ...., i �-, 11J, 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