HomeMy Public PortalAboutCity Council_Minutes_1979-08-21_Regular 1979 CITY 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 (SEE-MAN SCHOOL)
Set Public Hearing September 18 , 1979.
(2.) -PLANNING ::,COMMISSION ACTION
:Received .and .filed.
E. . .CETA SUBGR.ANT -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 catego.rically� 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 : EMPLOYMENT OF PERSONNEL
Adopted Resolution .No.. -79-1835 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
A. RESOLUTION NO.. 7.9-1836:. WARRANTS & DEMANDS
Adopted Resolution No . 79-1836 A 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 : .
6 . PUBLIC HEARING: EXTENSION OF MORATORIUM RE: STANDARDS FOR
CONDOMINIUM .CONVERSION . . .
City Manager Koski pres.ented .background information, stating the
City. Council, at their regular meeting held May 15 , 1979 adopted
Ordinance No . 79-476 as. -an urgency ordinance, imposing a mora-
torium on condominium conversions pending Planning Commission
studies. which expires- .September 12, 1979 . Subsequently, City
Council .adop.ted Ordinance .No .. 79-478 imposing a moratorium on
new condominium .developments ,. expiring October 6 , 1979 . Because
of .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..to. .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 TEMP.LE .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 BUSINES.S :.
7 . APPLICATIONS FOR RELIEF PROM MORATORIUM ON CONDOMINIUM DEVELOPMENT
PURSUANT TO SECTION 6 .OF ORDINANCE NO. 79-478
City Manager. Koski adv.ised .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 .
Ther.e .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 .advi.s.ed I that he and the City Attorney had
reviewed the. .o.rdinance and offer the following as guidelines : is
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.
p ^v
Council Minutes , August 21, 1979. - Page 3
(1) TENTATIVE PARCEL MAP .NO.. 574, 6131 N. GOLDEN WEST AVENUE
Emil Metz, owner/applicant, stated his is a personal financial
hardship ; .he purchased the .prop.erty 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 bef.ore .D.ecemb.er- 1979 . Mr. Metz advised
they have had .a cash outlay .of .approximately $3 , 000 and have a
total monthly cost of $1,.6.00 which includes interest loss by
deferr.ing._sale of their .present home and rental loss on the
residence at 6131 Golden West. Avenae.
In answer to questions from -Council Mr . Metz advised he purchased
theproperty with borrowed .funds.-,.- that no escrow is pending, and
that the staff has been mos.t .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 under Section 6 of Ordinance No . 79-478 ,
seconded by Councilman Merritt ..and carried on a roll call vote:
ROLL CALL:
AYES : . Councilmen-Mer.r.it.t,. .Tyrell, Dennis
NOES :; Councilmen-Atkins., .Gillanders
. . (2) . TENTATIVE TRACT N0. 35584, 6351 TEMPLE CITY BOULEVARD
-(3). .TENTATIVE TRACT NO, 37582 , 4503-15 ELLIS LANE
Luie Arias ,. representing J. H. Hedrick & Co . , owner/applicant ,
stated His company has g.one through an expensive process ; their
app.lication .was denied by Planning Commission, following delay
for .,a
full Environmental .Impact Report, on the basis of an
existing..non-.conforming .s.tructure relating to Tract 35584; that
. .the comp.any.� 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 .o.f. .Or.dinanc,e .No .. 79-478 for Tentative Tract No . 35584
. and .Tentative Tract No . 37582, seconded by Councilman Gillanders .
Mr.. Bob. Meyer, J,._ He Hedrick & Co.. , advised stated Tract 35584
has been .in the hands .of ,the .C.ity. approximately nine months ;
Tract 37582 involves another party in escrow.
Councilman .Tyre.11 withdrew -his motion on the basis the application
was- inadequately. presented, approved by Councilman Gillanders °
--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 NOo. .383.13., 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 .r.esour.ces ..and. no income is coming from the pro-
perty which impo.ses a financial hardship . He stated he has
pursued -this. application for tentative tract diligently with the
P.l anning. .Department
• Mayor Dennis noted .that no .Environmental Impact Report has as
yet .b.een .submitted .and the` matter `was scheduled for a hearing
before the Planning Commission in September.
i
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 1
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. NO.. _3.8.34.9, 5.048• SERENO AVENUE
Mrs . Loi:s .Yount, 5048 Sereno. Avenue, stated she has found a
home in Montclair. which :is_ in escrow, her escrow with the
developer for her p.res.ent .home ,heing 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. b.ecause-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.
-(b)- TEN--TATIVE-.:TRACT NO .. 3783.0 , 6004-6018 ROSEMEAD BOULEVARD
Mr. Frank Saumur.,. Noll.au Development Co. , owner/applicant, stated
this tentative tract h.as .been :in .process since May 1978 ; an
18 .unit ap.ar.tment was .denied .and since that time they have been
4o-rking ,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 not.ed .that .the application states their counsel
is -pr.ep.aring .the CC&R`.s, which .should require a good portion of
the ,6.0. days .. C.ouncilman Tyrell moved to .deny on the basis a l
hardship. .does, not exist, seconded by Councilman Gillanders and
carried
(7) TENTATIVE TRACT NO., 3_59.82, .5520 SULTANA AVENUE
Mr Robert Meyer, .owner,_ stated. his original request for a 9 unit
condominium. prolect was .denied .on the basis of existing structures ;
that he. .o.b,viously .h.as ..taxes. ,and on-going expense in interest
payments,, but .mos.t .imp.ortant .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 res.p.onded that should Council adopt a new
ordinance he would "fall under whatever regulations apply after the
passage of ,the new .ordinance.
. .In .respons.e 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 . 79-47.8 for Tentative; Tract No . 35982 ,
seconded by Councilman Gillanders and carried.
Council Minutes , August 21,. .19.7.9.-.-- .-Page 5
(.8) TENTATIVE TRACT NO. 3-7828,. .5819 ALESSANDRO
Mr.. Allan -Chi . _ :owner./.app.licant,.:. stated his project began
13 months ago; the .tentative ,trac:t 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.. .pr.o.j ects any ldngth. 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... .7.9-4.7.:8, in that this tentative tract
was scheduled for .hearing .b.efor,e..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 .As.sociation 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 3.1, 19,79 .and, at .the ;organizations ' request ,
continued the matter to .Sep.tember A8 , 1979 .
B._a . Claim .for Damages.:... Automobile Club of Southern California
City Manag,er. .Ko.s.ki .pres.ented ..claim for damages from Automobile
Club of. S.outhern .California .fox subrogation rights resulting
from an accident at Las Tunas Drive and Rosemead Boulevard- at
i a .time when Caltrans .was :wo.rking. on`' the 'traffic signals .
Councilman .G.illander.s. moved to deny_ and refer to ' JPIA, seconded
by Councilman Merritt and carried.
9 _.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
advis.ed .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 .p.r.oces.s. .applications and if changes are made
in .the ..ordinance, applications pending might be affected, land
. , .therefore, anyone proceeding with their project will be doing so
at_ their.. own risk.
_ .RECES.S. .TO...CRA:...
City,..Gouncil. .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:
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. Ko.s.ki .advis.ed the Gity. .r.eceived a,request for an
extension -o.f .time to ..record.subject Parcel Map subdividing the
property located at the .southwest corner of Golden West Avenue
and Val .Str.eet .into two parcels , each containing a single-family
residence.:
- 2 -
Council Minutes , August 21, 1979. - P.age_.6
Councilman Atkins, moved .to approve extension of time to record
Parcel Map_ to October 21 , 1979, seconded by Councilman Gillanders e
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
Ce Councilman Gillanders moved .to confirm Mayor Dennis ' appoint—
ment of Sig Caswell to the -vacancy on the Parks and Recreation
Commission 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 .Bi.ard 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 Mer.ritt .and carried°. . .
Eo. Emergency Operations Center
It Was moved by Councilman .Tyrell to make necessary minor
modifications .to the proposed. plan, develop a set of specifications
and .author.ize 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 :3.0 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.
r � 1
MKY
OR
ATTEST:
CHI�et Deputy City Clerk