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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.