HomeMy Public PortalAboutCity Council_Minutes_1974-07-02_Regular 1974CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JULY 2, 1974
INITIATION:
1. Mayor Dennis called the regular meeting of the City Council to
order at 7:32 p.m. on Tuesday, July 2,1_974, in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend David Willet, Grace Brethren
Church, 5537 N. Temple City Boulevard.
3.. The Pledge of Allegiance to the Flag was led by Mayor Dennis.
4. ROLL CALL:
Present: Councilmen- Gilbertson, Greenberg, Merritt, Dennis
Absent: Councilmen - Tyrell
Also Present: City Manager Koski, City Attorney Flandrick, Planning
Director Dragicevich, Assistant to the City Manager
Biel, Director of Parks and Recreation Kobett,
Public Works Coordinator Leonetti
Councilman Gilbertson moved to excuse Councilman Tyrell for cause,
seconded by Councilman Greenberg and carried.
5. APPROVAL OF MINUTES:
Councilman Gilbertson moved to approve the minutes of the regular
meeting of the City Council held June 18, 1974, as written, seconded
by Councilman Merritt and carried.
Prior to consideration of agenda items, Francis Stack, new Parks and
Recreation Commissioner, was introduced by Mayor Dennis and sworn in
by the City Clerk.
UNFINISHED BUSINESS:
6. PUBLIC HEARING (cont): 7:30 p.m. APPEAL FROM PLANNING COMMISSION
DENIAL ZONE CHANGE CASE 74 -414 - TEMPLE CITY BLVD., EAST SIDE,
BROADWAY TO OLIVE
Mayor Dennis advised that the appeal from Planning Commission denial
of Zone Change Case No. 74 -414, Temple City Boulevard, east side,
from Broadway to Olive, had been referred back to the Planning Com-
mission for review of the General Plan. The Planning Commission has
made a report indicating they had reviewed the General Plan at the
time they considered Case No. 74 -414.
Councilman Gilbertson moved to continue to July 16, 1974, which time
was set at the regular City Council meeting held June 4, 1974,
seconded by Councilman Greenberg and carried.
7. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION APPROVAL
ZONE VARIANCE CASE NO. 74 -417 - 8755 HERMOSA DRIVE
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held May 28, 1974,
adopted Resolution No. 74 -559PC granting a variance to divide subject
property into two parcels with each having less than the required
average lot width; subject property is adjacent to the Flood Control
Channel; owner of two small parcels to the west filed an appeal; at
their regular meeting held June 18, 1974, City Council set public
hearing July 2, 1974.
Mayor Dennis declared the public hearing open. Planning Director
Dragicevich gave the staff report, stating the property is located
on the north side of Hermosa; the proposed average lot width is
51.75 ft. He explained the plot plan marked "Exhibit A" which showed
Council Minutes, July 2, 1974 - Page 2
the proposed lot split and existing residential structure with
garage. The property contains a number of full grown trees, 9
of which must be preserved per Resolution No. 74- 559PC. Mr.
Dragicevich stated the Planning Commission approved the variance
on the basis of the size and shape of the property which is unique,
and imposed conditions with the variance to include demolition permit
be obtained to remove existing structures, public works improvements,
and that all applicable City regulations shall be complied with. A
negative declaration was filed with the Planning Commission, the pro-
posed development conforms with the General Plan.
Councilman Gilbertson moved to make the Planning Commission records
a part of the public hearing, seconded by Councilman Greenberg and
carried.
Mr. John Sell, applicant, stated he was not asking for anything which
is not compatible with the area, that it is not economically feasible
to include the parcels to the west to permit the required lot width,
that the parcel to the west would not increase its useability because
of the natural line of the trees.
Mrs. Roberta Marshall, 8752 Leslie Drive, supported the variance,
saying the development would be a good addition to the neighborhood.
In opposition:
Mr. John Rose, 335 S. Brea Blvd., Brea, representing his mother who
is owner of the property to the west of subject property, stated
that his mother has owned the property since early 1950, that when
the City was incorporated it was to upgrade the planning element,
that no right of way easements exist on the property, and if this
property were acquired by the developer there would be no need for
a variance.
Mrs. Gertrude Rose, 9585 Dufferin Avenue, Riverside, stated she has
paid taxes on this property for many years knowing some day the pro-
perty would be needed, that its addition to the developer's property
would make a better piece of property on which to develop, when she
learned the subject property was up for sale, she listed her property
also.
In rebuttal, Mr. Sell, stated Mrs. Rose' property was listed at too
high a price, it would not be economically feasible to add it to his
development, that several Planning Commissioners had made the state-
ment that the property should be decided on its own merit and in no
way should they have the power to enforce the developer to buy pro-
perty through their decision.
Councilman Gilbertson moved to close the public hearing, seconded
by Councilman Greenberg and carried.
Councilman Merritt stated if the subject property and the property
to the west were consolidated there would be no need for a request
for variance, the plan does not stand on its own merit because as
presented, it needs a variance, that he feels the City should grant
the appeal because the City would be the loser if it allowed the
variance.
Councilman Greenberg stated his concern with regard to the property
adjacent to the west of subject property, but that the original
proposal does not appear to be a detriment and meets the established
criteria with respect to setbacks in the area and he would be in
favor of denying the appeal.
Councilman Gilbertson felt that the developer did not put a total
package together and if he had done so, there would be no need for
a variance. He further stated this is the developer's responsibility
and not the City's to help him and that to grant the variance would
be a detriment to the property owners to the west.
Council Minutes, July 2, 1974 - Page 3
Mayor Dennis felt the matter should be decided on its own merit,
that the City should not be involved in determining whether someone
wants to buy a particular parcel. He personally felt the property
is unique in size and configuration.
Councilman Greenberg moved to deny the appeal, seconded by Mayor
Dennis, with no action taken on a 2 -2 roll call vote:
ROLL CALL:
AYES: Councilmen- Greenberg, Dennis
NOES: Councilmen - Gilbertson, Merritt
ABSENT: Councilmen - Tyrell
City Attorney Flandrick advised City Council to take the matter
under submission and continue to the regular meeting to be held
July 16, 1974 at which time the matter can be voted on by the
full Council, and the minutes to reflect that no Cei -Iran left
the Chamber during the public hearing.
Merritt moved to reopen the public hearing and continue
to July 16, 1974, seconded by Councilman Greenberg and carried.
8 ORDINANCE NO. 74 -387: 2nd read. MINOR LOT LINE ADJUSTMENTS
City Attorney Flandrick presented Ordinance No. 74 -387 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 9605 OF THE TEMPLE CITY
ZONING CODE RELATING TO MINOR LOT LINE ADJUSTMENTS for second reading
by title only. Councilman Gilbertson moved to waive further reading
and adopt, seconded by Councilman Merritt and carried.
9. PERMIT AGREEMENT: BETWEEN CITY AND CONSOLIDATED FIRE PROTECTION
DISTRICT FOR CITY USE OF DISTRICT OWNED PROPERTY (Station 47,
5946 Kauffman Avenue)
City Manager Koski presented background information, stating at
their regular meeting held June 18, 1974, City Council authorized
purchase of Emergency Generator from Lawless Detroit Diesel. A
purchase order has been issued with delivery expected within 180
days. Staff has negotiated with the County of Los Angeles Fire
Department to place the generator immediately adjacent to City Hall
on Fire Department property, County Counsel has submitted a proposed
agreement for execution which has been approved as to form by the
City Attorney.
Councilman Gilbertson moved to approve and authorize Mayor and City
Clerk to execute agreement, as amended, seconded by Councilman
Greenberg and carried.
10. SET PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS: Installation
of Eight Street Lights - Daines Drive, Golden West to Baldwin (Pursuant
to Chapter 27, Streets and Highways Code)
City Manager Koski presented background information, stating the
City Council, at their regular meeting held April 2, 1974, authorized
the installation of eight street lights on Daines Drive between Golden
West Avenue and Baldwin Avenue, Southern California Edison Company
installed the subject street lights and City was advised the street
lights were energized June 4, 1974; the costs of energy and maintenance
should be spread among 38 of the property owners as four of the pro-
perties are currently with Zone A of the Temple City Municipal Lighting
District.
Councilman Gilbertson moved to accept the installation of eight street
lights on Daines Drive, authorize the payment of $1024 to Southern
California Edison Company for their installation, and set public hearing
July 16, 1974, to approve assessments for the installation, seconded by
Councilman Merritt and carried.
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Council Minutes, July 2, 1974 - Page 4
11. ACCEPTANCE OF WORK - STREET IMPROVEMENTS: LONGDEN AVENUE ET AL
(Curb, Gutter and Driveway approaches pursuant to Chapter 27,
Streets and Highways Code)
City Manager Koski presented background information, stating the
City Council, at their regular meeting held March 5, 1974, awarded
contract for the construction of curb, gutter, sidewalk and driveway
improvements to D & W Paving, Inc. for project known as Longden
Avenue et al, that on June 27, 1974, the Road Commissioner recommended
the acceptance of the work performed.
Councilman Merritt moved to accept the work completed and approve and
authorize' the additional work, authorize payment of $7,913.16 to
D & W Paving, Inc. as final payment, authorize the filing of a Notice
of Completion and the release of $16,607.64 retention at the end of
the 35 -day lien period and to set public hearing July 16, 1974 on
the assessments, seconded by Councilman Greenberg and carried;
12. THETA CABLE COMPANY - Request for Extension of Franchise Agreement Terms
Mayor Dennis directed Council's attention to a meeting held Wednesday,
June 26, 1974 with Councilman Gilbertson, City Manager Koski, Mr.
W. D. Canfield and himself in attendance, at which time Theta Cable's
request was discussed,. Mayor Dennis recommended that the matter be
continued to a future study session to discuss Theta Cable's request
and the City Attorney's opinion as to legal alternatives and /or
remedies the City has if Theta Cable defaults on the terms of the
Franchise Agreement.
NEW BUSINESS:
13. ORDINANCE NO. 74 -388: 1st read. RELATING TO POUND REGULATIONS
City Manager presented Ordinance No. 74 -388 AN ORDINANCE OF THE CITY
OF TEMPLE CITY REPEALING CHAPTER 5 OF ARTICLE III AND ADOPTING A NEW
CHAPTER 5 INCORPORATING BY REFERENCE ORDINANCE NO. 4739 OF THE COUNTY
OF LOS ANGELES, RELATING TO POUND REGULATIONS by title only. Council-
man Gilbertson moved to waive further reading and set public hearing
July 16,1974, seconded by Councilman Merritt and carried.
14. ORDINANCE. NO. 74 -389: 1st read. RELATING TO PERSONNEL
City Manager presented Ordinance No. 74 -389 AN ORDINANCE OF THE CITY
OF TEMPLE CITY AMENDING. SECTIONS 2363, 2371 AND 2702 OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO PERSONNEL by title only. Councilman
Gilbertson moved to waive further reading, seconded by Councilman
Merritt and carried.
15. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Meeting of
June, 19, 1974 - RE- COSPONSORSHIP OF TEMPLE CITY YOUTH EOOTBALL, INC.
FOR 1974 SEASON
City Manager.. Koski advised that the Temple City Youth. Football, Inc.
was'originally cosponsored by the City in 1965 =and that yearly requests
for renewal had been granted by the City for this self- sustaining
group, that.the Parks and Recreation Commission again recommended
renewal of re-cosponsorship. Councilman Merritt moved to approve as
recommended, seconded by Councilman Greenberg and carried.
16. CITY LIABILITY INSURANCE'- Acceptance of Proposal
City Manager Koski presented background information,.stating that
pursuant-to. Pacific Indemnity notification they would not renew the
City insurance policy, effective June 30, 1974, staff solicited
proposals for insurance from the existing broker and local brokers;
three proposals from two brokers have been received; the City Attorney
reviewed the proposals and recommended awarding the insurance.to Ray
Infantino & Co., based upon the fact that the premium quoted was the
lowest for the broadest coverage. City Council, at a study session
held June 26, 1974, authorized staff to contact Ray Infantino & Co.
to bind the insurance coverage,
III 18. RESOLUTION
316 in the
Council Minutes, July 2, 1974 - Page 5
Councilman Gilbertson moved to confirm the awarding of insurance
coverage to the firm of Ray Infantino & Co., in the amount of
$7,203, seconded by Councilman Merritt and carried.
17. RESOLUTION NO. 74 -1374: Employment of Personnel (Budgeted)
Councilman.
RESOLUTION
PERSONNEL,
Gilbertson moved to adopt Resolution No. 74 -1374 A
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING
seconded by Councilman Greenberg and carried.
NO. 74 -1375: WARRANTS & DEMANDS, Demand Nos. 252 thru
amount of $171,607.97.
Councilman Merritt moved to' adopt Resolution No. 74 -1375 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $171,607.97, DEMAND NOS. 252 THRU 316, seconded
by Councilman Greenberg and carried,
19.. COMMUNICATIONS:
A. City Manager Koski presented letter signed by residents on Rowland
Avenue, between Wendon Avenue and Flaherty Street, requesting closure
of Rowland between 4 -11 p.m. on July 4, 1974. Councilman Greenberg
moved to approve temporary closure of Rowland Avenue between Wendon
and Flaherty from 4 p.m. to 11 p.m., subject to, notification to the
Sheriff's Department and the Fire Department, and the property owners
cleaning the street prior to reopening, seconded by Councilman
Gilbertson and carried.
20. 'TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mrs. Marianne Mitch, Executive Secretary, Chamber of Commerce, directed
Council's attention -to the regular membership monthly luncheon meeting
at Tiffany's, Wednesday, July 10, 1974.
IIIRECESS TO CRA:
1
City_ Council recessed at 8:49 p.m. to meet as the Community Redevelopment
Agency, Mr. Tyrell being absent. Mr. Greenberg moved to excuse Mr. Tyrell
for cause, seconded by Mr. Merritt and carried.
The minutes of the regular meeting held June 18,, 1974 were approved as
written., and Agency received status report regarding acquisition of the
first 17 p'arcel's, the completion of appraisals for all properties in
Parcel "B ", . and summary of discussion of feasibility of financing the
Rosemead Boulevard Redevelopment Project.
In answer to inquiry from Mrs. Ann Brinko regarding contacting Port & Flor,
Inc., Executive Director advised she should call City Hall and staff will
contact them, with a return call from them forthcoming as soon as possible.
Mr. Merritt moved to adjourn to the next meeting of the Community Redevelop
ment Agency to be held Tuesday, July 16, 1974, seconded by Mr. Greenberg
and carried. Meeting adjourned at 8:53 p.m.
RECONVENE AS CITY COUNCIL:
21. MATTERS FROM CITY OFFICIALS:
A. • City .Council'. received and - filed a staff: report~ on revised. over -
.time'.policy' pursuant .to- °Fair' Labor Standards :Act of 1974.
B. Park Bond Act of 1974
City Manager Koski presented background information, stating the City
is eligible to propose project for funding from the 1974 State Bond
Act, that an interim project letter signed by Mayor Dennis was submitted
June 27, that the City must submit the application to the State of
California prior to July 15, 1974. Councilman Gilbertson moved to
adopt Resolution No. 74 -1376 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR 1974 STATE GRANT
1
Council Minutes, July 2, 1974 - Page 6
FUNDS, LIVE OAK PARK.ACQUISITIONAND DEVELOPMENT PROJECT, seconded
by Councilman'Greenberg and carried.
C. Public Employment Program- Amendment to Agreement
City Manager Koski presented background information, stating the
City presently has two .employees in the program under Section 9,
Congress has allocated additional funds to continue PEP to March 1975
on a month -to -month basis. Councilman Greenberg moved to approve
amendment to agreement with the County of Los Angeles as Manpower
Program agent extending PEP and authorize Mayor and City Clerk to
sign, seconded by Councilman Merritt and carried.
D. Authorization to Solicit Bids 1974 Pick Up Truck
City Manager Koski presented background information, stating the
City Council, in adopting the 1974 -75 budget, authorized the purchase
of a vehicle to replace the 1961 Chevrolet presently in City service.
1974 models are now out of production and all 1975 models will require
no -lead gasoline, however City has the capability to fuel with only
leaded gasoline through the agreements with Consolidated Fire Pro-
tection District and Community Disposal Company. Councilman Gilbertson
moved to authorize staff to solicit bids for a 1974 pick up truck to
replace the 1961 Chevrolet, seconded by Councilman Greenberg and
carried.
E. Long Term Disability Insurance
City Manager Koski presented background information, stating the
City Council., at their regular meeting held June 18, 1974, authorized
staff to make application with Standard Insurance Company of Portland
to provide city employees disability coverage. Subsequent to that
meeting, Christ and.Spang have submitted a proposal for benefits through
Mutual Benefit Life of New Jersey, disability carrier who has recently
entered the municipal market. City Attorney has reviewed both proposals
and recommends Mutual Benefit Life. Councilman Gilbertson moved to
authorize the City Manager to make application to Mutual Benefit Life of
New Jersey, seconded by Councilman Merritt and carried.
F. Council received.: and filed communication from William Schmidt,
Principal, Oak Avenue Intermediate School, concerning the Student
and the Law program.
G. Council received invitation to attend the Second Annual Sheriff's
'Documentary ArtExhibit to be held Thursday, July 11, 1974, 7 p.m.
to 9 p.m., sponsored by the Los Angeles County Sheriff's Department.
H. Councilman Gilbertson advised the Temple
mittee held its initial meeting Monday, July
inclusion of four additional members to give
P.T.A., Senior Citizens, clergy and youth of
City Bicentennial Com-
1, and have recommended
representation to the
the community.
Councilman Gilbertson also directed Council's attention to the League
of .California Cities meeting to be held at Hollywood Park, July 18,1974.
I. Councilman Merritt stated he would like to see more enforcement
of the ordinance with regard to animal control.
22. ADJOURNMENT:
On motion by Councilman Gilbertson, seconded by Councilman Merritt,
meeting adjourned at 9:05 p.m. to the next regular meeting of the
City Council to be held Tuesday, July 16, 1974, at 7:30 p.m. in the
Council Chamber of the City Hall.
ATTEST:
Chi -f Deputy City Clerk