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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. 1 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