HomeMy Public PortalAboutCity Council_Minutes_1979-10-16_Regular 1979 CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
OCTOBER 16 , 1979
INITIATION:
1. CALL TO ORDER:-
Mayor bennis called the regular meeting of the City Council to
order at 7 :34 p .m. on Tuesday, October 16 , 1979 , in the Council
Chamber 'of the City Hall,
2. INVOCATION:
The invocation was given by Pastor Mike Brown, Bethlehem Evangelical
Lutheran Church•, 5319 N. Halifak Road.
30 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,
Parks and Recreation Director Kobett, and Julie
Estrada, Temple City Times
5. CONSENT .CALENDAR:.
On motion by Councilman Tyrell, seconded by Councilman Gillanders ,
Items A through I were approved as recommended, Councilman Atkins
abstaining on Item A; Councilman Merritt abstaining on Item H; and
Mayor Dennis abstaining on Item F.
Aa APPROVAL OF MINUTES : Regular Meeting of October 2 , 1979
Approved as written,
Bo APPROVAL OF WATER SYSTEM: TRACT NO. 33529 , LONGDEN AVENUE AND
TEMPLE -C ITY BOULEVARD
Found •all work has been completed as required by the Subdivision
.r Water System Agreement for Tract 33529 ; released • the Subdivision
Water System Agreement between the City and the developer; and
released Surety Bond in the amount of $34, 000°
C. TEMPLE- CITY IMPROVEMENT NO, 79-6 : AGNES AVENUE SEWER IMPROVEMENT
Approved" and directed the City Clerk to file the map indicating the
district to be assessed under Temple City Improvement No. 79-6 ;
adopted Resolution No. 79-1844 declaring its intention to order the
acquisition of necessary rights of way and the construction of
sanitary sewers ; and adopted Resolution No. 79-1845 setting public
hearing December 4, 1979 for hearing protests .
Do AWARD BIDS-: 10 2-TON DUMP TRUCK
20 1-TON PICK -UP TRUCK
3 . STAFF POOLVEHICLE
Accepted the low bids for subject vehicles and approved purchase
of same'. f
E. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of October 3, 1979
(1) ROWLAND AVENUE, LAS TUNAS DRIVE TO WORKMAN AVENUE - Marked
Parallel Parking Stalls
Approved the installation of marked parallel parking stalls on the
east and gest sides of Rowland Avenue from Las Tunas Drive to Workman
Council Minutes , October 16 , 1979 - Page 2
Avenue, with the appropriate red curb at the driveway approaches .
(2) TEMPLE C"ITY ,BOULEVARD AND LOWER AZUSA ROAD - Rescind "Mail
Box Use Only" Zone
Approved rescinding and removing "Mail Box Use Only" zone located
on the east "side of Tmple City Boulevard south of Lower Azusa Road
and modified the existing one hour parking zone from Lower Azusa
Road to the first alley south.
Fo WELLAND AVENUE, EAST SIDES FREER STREET NORTHERLY - Parkway Trees
Authorized removal and replacement of the trees in the parkway within
subject limits in front of those property owners who favored removal
and replacement and approved a budget modification to reflect the
cost
Go PLANNING COMMISSION ACTION - Meeting of October 9 , 1979
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting held October 9 , 1979
Ha RESOLUTION NO. 79-1846 : EMPLOYMENT OF PERSONNEL (Budgeted)
Adopted Resolution No, 79-1846 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE' CITY APPOINTING PERSONNEL.
1, RESOLUTIONNO, •79-1847 : WARRANTS AND DEMANDS
Adopted Resolution No . 79-1847 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY' OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$45 ,724, 46 , DEMAND NO'S , 13073 THRU 13173 ,
UNFINISHED BUSINESS :-
6� ORDINANCE NO, . 79-485 - 2nd read. SALE AND DISPLAY OF NARCOTIC AND
OTHER PARAPHERNALIA
City Attorney Martin introduced `Ordinance No< 79-485 AN ORDINANCE
OF THE` CITY COUNCIL OF. THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL
CODE- TO' REOUIRE"-BUSINESS PROPRIETORS TO EKCLUDE ,MINORS FROM ANY ROOM
OR PLACE WHERE -DEVICES , CONTRIVANCES , INSTRUMENTS OR PARAPHERNALIA
FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP, - 0"R ANY CON-
TROLLED 'SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING
THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO°MINORS for second `T
reading by title only. Councilman Tyrell moved to waive further '
reading and "adopt , seconded by Councilman Atkins and carried.
7. ORDINANCE NO. 79-484: 2nd read. STANDARDS FOR CONDOMINIUM CONVERSION
ORDINANCE NO,,- 79-485 : 2nd read. AND NEW CONDOMINIUM CONSTRUCTION
City Manager Koski advised the subject ordinances were referred to
the. Planning Commission at their regular meeting held October 9
and the Planning Commission, after reviewing, felt Section 9532. 4
and 956204 should be changed to read "—prior to approval of the
final tract", rather than submittal; and that Section 9563o4(a)
shouldbe changed to read For fouior less units in a one-story
structure: At least 60 feet" , rather than 50 feet.
Councilman Tyrell stated concern that Section 9533a5 (c) prohibits
the use of any parking area other than for the parking of vehicles ,
on the basis that many condominium owners could own only one vehicle
and the "space could not be utilized as a shop or for recreation.
Councilman Tyrell also inquired whether item 9 of the same section
means there would be a separate master electrical switch for each
unit, and was advised one would be required.
Mayor Dennis advised he would like to see whether any additional
comments would be forthcoming -from the audience at this timed
Council Minutes , October 16 , 1979 - Page 3
dose hFerrari, 5613 Heleo , stated he owns property on Longden Avenue
,why chh_l pla s to develop with condominiums and is opposed to the
restrictions on. street frontage. He stated there are many lots with
less than . 60 feet and the ordinance is denying a lot of people the
OR fullest use of their property, Mr, Ferrari also stated the City
has his plans at the time the moratorium came up and- the new standards
are discriminatory. He feels condominium development should be made
on existing codes except that there is a need for more parking
provisions
Lee Voyles , 5609 Welland, stated he owns R-3 property consisting
0 o e owes containing 18 ,957 square feet; that there are many
condominium developments in the immediate surrounding neighborhood.
He stated there is a need for housing in Temple City and the majority
of the lots are 50-60 foot frontage; with the cost of land and
construction costs it is not feasible to build single family homes ;
the proposed ordinance is too restrictive; and if the ordinance is
passed in its present form it may stop progress entirely.
Councilman Atkins stated that although he was not in attendance for
the first reading of the ordinance, he has followed closely the
study and has reviewed the records which represents years of thinking
on the part `of the Planning Commission; that he agrees with the
Planning Commission recommendation to change 50 foot frontage to
60 feet. The majority of the residents are not in favor of encouraging
condominium development ,
Councilman. Gillanders stated he agrees with the ordinance as written;
that 50 foot lots should be able to be developed with four or less
units . - The City has had so much difficulty with the development of
condominiums that two lots should be put together for more than four
units and when that is not possible, relief of some type should be
available. Councilman Gillanders went on record as not favoring
Planning Commission recommendation to change the front footage to-
60..-.feet..
Councilman Atkins stated that any developer with less than the re
quired front footage could apply for a variance, and Mayor Dennis
responded that he does not feel an ordinance should be drafted with
the idea of variances taking care of the problems .
Councilman Tyrell stated he thinks the City needs to have a minimum
of 60 feet of frontage; there is the variance procedure and that is
not building variances into the law, The people of Temple City want
to maintain the- R-1 residential character and he does not think the
City should write- an ordinance in order for. all lots to be developed.
Councilman Merritt agreed with Councilman Gillanders ; with, a 50 foot
minimum there would still be cases where developers would be required
to get a variance° He stated there are many lots which are improved
on either side and there is no way to pick up additional ground and
he feels a 50 foot minimum is mope fair tht.n 60 feet.
Mayor Dennisdistributed copies of -a survey taken by the Planning
Department which shows that 4804% of the properties in Temple City
have 50 -feet or less and that by his computation, the required square
footage: per lot area would dictate ghat could be developed and in his
opinion minimum street frontage would be unnecessary. Mayor Dennis
was not in favor of the ordinance as written, including street
frontage and lot area requirements .
City Attorney Martin directed Councils attention that under the law
the Council may impose a moratorium, and are permitted to extend not
to exceed two times . The moratorium on condominium conversion has
been extended twice and the alternative now would be to split the
conversion and new development or adopt one of the ordinances .
City Attorney Martin introduced Ordinance No. 79-486 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADDING "NEW CHAPTERS 3 AND 4 TO ARTICLE IX
OF THE 'TEMPLE CITY MUNICIPAL CODE RELATING TO CONDOMINIUM CONSTRUCTION
Council Minutes , October 16 , 1979 - Page 4
AND CONDOMINIUM CONVERSION for second reading by title only. Council-
man Merritt moved to waive -further reading, seconded by Councilman
Gillanders and carried.
Councilman: Gillanders moved to adopt Ordinance No. 79-486 to include
the Planning Commission recommendation to change Section 9563o4(a)
to read "For four or less units in a one-story structure: At least
60 feet", seconded by Councilman Merritt. Motion failed on a roll
call vote:,
ROLL CALL:
AYES : Councilmen-Gillanders , Merritt
NOES :. Councilmen-Atkins , Tyrell, Dennis
Under agenda item Matters from City Officials the following action
was_ taken:
Councilman "Gillanders stated he feels the action of the City Council
this evening in taking no action relating 'to OrdinanceNoo 79-486,
considering the amount of work and effort on the part of the -Planning
Commission and staff is irresponsible and leaves the City back where
it was with- no protection for the public at large.
Councilman Merritt moved to adopt Ordinance No. 79-486 as written,
seconded by Councilman Gillanders and carried on a roll call vote :
ROLL CALL: _
AYES : Councilmen-Atkins , Gillanders , Merritt, Tyrell
NOES : Councilmen-Dennis
NEW BUSINESS :
8o APPLICATION FOR RELIEF' FROM MORATORIUM ON CONDOMINIUM DEVELOPMENT
PURSUANT TO SECTION' 6 OF ORDINANCE NO. 79=478 - TENTATIVE PARCEL
MAP. NM 12369 , 5830 CLOVERLY AVENUE
_ City Manager Koski advised that pursuant to Section 6 of Urgency
Ordinance No. 79-478 , City has received an application for relief
from the condominium moratorium, for Tentative Parcel Map No. 12369
for construction of three condominium units located at 5830 Cloverly
Avenue.
Mr, Chris Bade, 2416 Florence Avenue , Arcadia, advised he has been
working on t e project for one year; when his request for variance
was denied; he prepared new plans thinking they would be approved,
Councilman Merritt moved to approve the application for exemption.
Motion died for lack of second,
Councilman Gillanders moved to deny application for relief on the
basis no hardship exists in that the normal process for application
will -take the length of time the moratorium is imposed, seconded by
Councilman Atkins and carried, Councilman Merritt noting his
objection.
9, UNDERGROUND 'UTILITY DISTRICT
City Manager Koski presented 'background information stating the City
is allocated $48 ,877 per year for the undergrounding of existing
utility facilities pursuant to Rule 20 of the Public Utilities
Commission; with Edison Company' sassistance, two projects have been
analyzed for possible funding, staff recommending project #1 which is
proposed for the alley north of Las Tunas , west from Encinita Avenue
to- Rosemead'Boulevardo. Also included in this project is the alley
south of Las Tunas between Sultana Avenue and Rosemead Boulevard for
an estimated cost of $151,000, The current fund balance to Temple
City is $165 , 9170
Councilman Tyrell moved to set Project #1 for public hearing
November 20 ; 1979 , seconded by Councilman Merritt and carried,
Council Minutes , October 16 , 1979 - Page 5
10� COMMUNICATIONS :
Aa Claim for Damages - Michael Ray, 6805 E. Oak Avenue, San Gabriel
City Manager Koski presented claim for damages on behalf of Michael
Ray for incident alleged to have occurred August 24, 1979 at Temple
Station.
Councilman Tyrell moved to deny claim and refer the matter to JPIA
for further processing, seconded by Councilman Gillanders and
carried,
11, TIME FOR "THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No oiie- came forward to speak.
RECESS TO CRA:
City Council recessed at 8 : 17 p .m. to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held October 2 , 1979 ; approved request to sell Christmas trees
at the. 8outhwest corner of Rosemead Boulevard and Las Tunas Drive; and
adopted Resolution approving warrants and demands . The minutes are set
forth in full in the records - of the Agency.
RECONVENE AS CITY COUNCIL:
12. ACTION ONREQUEST BY CRA:
There was no action to be taken,
13, MATTERS FROM CITY OFFICIALS :
Aa Request to Attend City Clerk' s Seminar Los Angeles , November 28-�.;p
Councilman Gillanders moved to approve Chief Deputy City Clerk' s
attendance at the City Glerk' s Election._ 3w Seminar being held in
Los Angeles , November 28-30, 1979 , with approval of necessary
expenses , seconded by Councilman Atkins and carried.
B, Assemblyman Mori' s letter re: Assembly Constitutional
Amendment No, 55
Councilman Atkins moved to concur with Planning Commission recom-
mendation to oppose the amendment as set forth in staff memo dated
y October 12 , 1979' relating" to Rental Housing Incentive Program and
authorize the Mayor to,--prepare a letter in opposition, seconded by.
Councilman Gillanders''and carried,
Co Sal-e of Temple City Unified School District Surplus Property
City Council, on motion by Councilman Atkins , seconded by Councilman
Gillanders , received and filed a staff memo relating to the Temple
City Unified School District surplus property,
Do Temple City Tennis Club - 'Request to Extend Reservation of
Tennis- Courts-
Councilman Gillanders stated that he is still basically' opposed to
turning public property over to a private club , however, since the
last Council meeting he has learned the Tennis Club' s request for
extension is to make it possible for them to enter league competition
which will last through May. Even with an extension the City will
have the opportunity to review their performance; and the club has
solved the problem of including more Temple City residents in the
club . He also understands the club 'has made every effort to be
cooperative with other people using the tennis courts at Live Oak
Park.
Council Minutes , October 16 , 1979 - Page 6
Councilman. Gillanders moved to grant the requested extension through
the end of the league season and change the hours from 8 a.m. to
1 p.m. , seconded by Councilman Atkins and carried.
Ea Mayor Dennis directed Council' s attention to an invitation to,the 36th Annual Kick-off Breakfast for the Camellia :Festival to be
held Saturday, October 20; 9 -a,mo at the Peppershipa
F. Councilman Gillanders stated he feels the action of the City
Council this evening in taking no action relating to Ordinance No.
79-486, considering the amount of-work and effort on the part of
the Planning Commission and staff is - irresponsible and 'leaves the
City back to where it was with no protection for the public at
large.
Councilman Merritt moved to adopt Ordinance No. 79-486 as written,
seconded by Councilman Gillanders and carried on a roll call vote:
ROTI, CALL
AWES : Councilmen-Atkins , Gillanders , Merritt, Tyrell
NOES Councilmen-Dennis
j Go Councilman Atkins requested staff prepare a letter advising
realtors in the area of a prohibition of real estate signs being
posted in the right of way and on utility poles and requesting their
cooperation, r - -
Councilman Atkins also requested staff to investigate the reason
for two street lights in close proximity on Olive Street at Golden
Nest Avenue.
Vii, , Mayor Dennis invited Council to participate in the Parks and
Recreation Department Halloween Carnival to be held at Live Oak
Park October 31, 1979, 7 p.m.
1N
On motion by Coun611man_Gillanders , seconded by Councilman Merritt,
meeting adjourned at 8 :,40p ,p. The next regular meeting of the
City Council will be held Ttie�sday, .November 6, 1979 , 7 :30 pomo in
the Council Chamber of the City. Hallo
OR
ATTEST° .
Chi-eChi-ef Deputy CHty Clerk.