HomeMy Public PortalAboutCity Council_Minutes_1974-09-17_Regular 1974CITY OF TEMPLE CITY.
CITY COUNCIL
September 17, 1974
INITIATION:
1. Mayor Dennis called the regular meeting of the City Council to
order at 7:40 p.m. on Tuesday, September 17, 1974, in the Council
Chamber of the City Hall.
I 2. The invocation was given by Reverend R. E. Schulz, First Lutheran
Church, 9123 E. Broadway.
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3. The Pledge of Allegiance to the Flag was led by Mayor Dennis..
4. ROLL CALL:
Present: Councilmen- Gilbertson, Greenberg ,Merritt,Tyrell,Dennis.
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant to
the City Manager Biel, Planning Director Dragicevich,
Parks and Recreation Director Kobett, Public Works
Coordinator Leonetti
Mayor Dennis presented certificates from the California Association of
Park and Recreation Commissioners and Board Members to Parks and Recreation.
Commissioners Jerry Seibert and Frank Stack, the Commissioners having
successfully completed a training seminar for Commissioners. Commissioners
Seibert and Stack expressed their appreciation for the opportunity to
attend the seminar.
5. APPROVAL OF MINUTES:
Councilman Merritt moved to approve the minutes of the regular meeting
held August 20, 1974, as written, seconded by Councilman Greenberg
and carried, Councilman-Tyrell abstaining.
6. PUBLIC HEARING: STREET IMPROVEMENTS - MILOANN STREET, NORTH SIDE.,
AGNES AVENUE TO WILLMONTE AVENUE (Curb,. Gutter and Driveways pursuant
to Chapter 27, Streets and Highways Code) .
City Manager Koski presented background information, stating City
Council, at their regular meeting held August 20, 1974, set public
hearing to consider petitions prepared and circulated for the north
side of Miloann Street from Willmonte Avenue to Agnes Avenue; a
negative declaration of Environmental Impact has been prepared; that
prior to tonight's meeting, one of the petitioners indicated his
desire to withdraw his support.
Mayor Dennis opened the public hearing and invited those who wished
to speak in favor of, or in opposition to, the proposed street
improvements come forward.
Mr. Joseph Marino, 9931 Miloann Avenue, stated that due to financial
circumstances he is unable to support the street improvements at this
time.
The alternatives for payment for street improvements were explained
by City$Manager Koski, as well as an estimate of what costs would be.
Mr. Marino expressed a desire to consider the alternatives before
Council action is taken.
Councilman Tyrell moved to close public hearing and continue the
consideration of street improvements on Miloann Avenue to November
5, 1974, seconded by Councilman. Merritt and carried.
Council Minutes, September 17, 1974 - Page 2
FINAL ACCEPTANCE — STREET IMPROVEMENTS LONGDEN-AVENUE ET AL
°City Manager Koski presented background information, stating the
City Council, at their regular meeting held August 20, 1974, with -
he,ld the 107 retention from D & W Paving, Inc., Glendora, pending
correction of one final complaint from property owners; the problem
has been satisfactorily resolved; D & W Paving has responded promptly
and met their obligations faithfully once the property owner com-
plaints were called to their attention.
Councilman Merritt moved to approve final acceptance and authorize
the release of the 107 retention to D & W Paving, Inc., seconded
by Councilman Gilbertson and carried.
8. RESOLUTION NO. 74- 1377: ACQUISITION OF CERTAIN EASEMENT FOR STREET
PURPOSES (GIDLEY STREET)
City Manager Koski stated subsequent to the City Council meeting of
August 20, 1974, several meetings were held with Mr. Kavanaugh re-
garding his offer of dedication of right -of -way in exchange for
relocation of his existing office elsewhere on his property; negoti-
ations are progressing satisfactorily, but because of the complex
nature of relocating his office facility more time is required to
complete the preliminary plans and cost estimates.
Councilman Tyrell moved to continue Mr. Kavanaugh's offer of
dedication of right -of -way on Gidley Street to November 5, 1974,
seconded by Councilman Greenberg and carried.
9. ORDINANCE NO. 74 -391: 1st read. MODIFYING APPEAL PERIOD RE:
PROPERTY NUISANCE CASES
Pursuant to Council instruction August 20, 1974, City Attorney Martin
presented Ordinance No 74 -391 AN ORDINANCE OF THE CITY OF TEMPLE .CITY
AMENDING SECTION 9488 OF THE TIME CITY MUNICIPAL CODE BY CHANGING THE
APPEAL TIME IN NUISANCE ABATEMENT MATTERS FROM 15 DAYS TO 7 DAYS by
title only. Councilman Tyrell moved to waive further reading, seconded
by Councilman Gilbertson and carried.
10. THETA CABLE COMPANY - Request for extension of Franchise Agreement
Terms
City Manager Koski stated City Council, at their regular meeting of
August 20, 1974, agreed to extend terms of the Theta Cable' Franchise
Agreement, as requested in their letter dated June 7, 1974, provided
Theta Cable furnished a faithful performance bond to the City in the
amount of $250,000. Theta Cable has advised they are unable to obtain
such a bond.
Mr, Don Canfield, Theta Cable Company, stated that in return for
permission to delay further construction of the CATV system in Temple
City until December 1975, Theta will provide a penalty rider on its
faithful performance bond, payment of $50 per day for every day beyond
December 1975 to the limit of the performance bond of $25,000,
Councilman Tyrell moved to approve request of Theta Cable Company
to delay further construction of the CATV system until December 1975
with the provision that Theta pay a penalty of $50 per day for every
day beyond December 1975 and instruct the City Attorney to prepare
an amendment to the Franchise Agreement, seconded by Councilman
Gilbertson -and carried.
NEW BUSINESS:
11. APPEAL FROM PLANNING COMMISSION APPROVAL: RPD CASE 74 -415 (Precise
Plan) Baldwin /Olive /Green /Zadell
City Manager Koski presented background -information; stating the
appeal filed by Richard Lucas concerning RPD Case 74 -415 (Precise
Council Minutes, September 17, 1974 - Page 3
Plan) has been withdrawn as of September 16, 1974.
Councilman Tyrell moved to deny the appeal on the basis of the
withdrawal and return the .appeal fee, seconded by Councilman
Gilbertson and carried.
VACATION OF EASEMENTS - TRACT NO. 10558
City Manager Koski advised that the Baldwin Company is in the final
stages of securing financing of the Residential Planned Development
located at Baldwin /Olive /Green /Zadell; that Tract No. 10558, as
recorded in the County of Los Angeles shows easements for a) light
and air dedicated for public use over strips of land 60 ft. wide,
Lots 1 -5 and 8 -15, and b) for a 6 ft, wide easement granted to the
County of Los Angeles for sanitary sewers and storm drain purposes
(Lots 1 and 15) which serve no useful purposes and may be terminated
Councilman Tyrell moved to adopt Resolution No. 74 -1393 A RESOLUTION
OF THE CITY OF TEMPLE CITY VACATING LIGHT AND AIR EASEMENT WITHIN
LOTS 1 -5 AND 8 -15, AND 6 FT. WIDE EASEMENT TO COUNTY OF LOS ANGELES .
FOR SANITARY SEWERS AND STORM DRAIN PURPOSES OF TRACT NO. 10558,
seconded by Councilman Gilbertson and carried.
13. APPEAL FROM PLANNING COMMISSION DENIAL: ZONE VARIANCE CASE 74 -419 -
9818 and 9824 Longden Avenue
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held August 13, 1974,
held public hearing and adopted Resolution No. 74 -576PC denying a
variance to construct fences on certain portion of property in excess
of permitted height, applicants have filed an appeal to the Planning
Commission decision.
City Attorney Martin advised that since Council adopted procedures
authorizing City Council to hear an appeal on the record, new legis-
lation requires that if Council reverses the Planning Commission
decision an Environmental Impact Report must be prepared and, there-
fore necessitates a public hearing.
Councilman Merritt moved to concur with the negative declaration,
seconded by Councilman Tyrell and carried.
Councilman Tyrell moved to set public hearing October 1, 1974, seconded
by Councilman Gilbertson and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Gilbertson, Tyrell, Dennis
NOES: Councilmen- Greenberg, Merritt
14. RECOMMENDATIONS FROM PLANNING COMMISSION -
A. ZONING AND GENERAL PLAN INCONSISTENCIES
City Manager Koski presented background information, stating the
Planning Commission, at their.regular meeting held September 10,1974,
passed Resolution No. 74 -585PC recommending a moratorium on develop-
ment in excess of density as shown on the General Plan within certain
areas of the City pending studies relating to said areas regarding
the consistency between the zoning and the General Plan.
City Attorney Martin presented Ordinance No. 74 -392 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE. PURSUANT
TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE
RELATING TO A MORATORIUM ON THE CONSTRUCTION OF MULTIPLE UNITS OF
GREATER DENSITY THAN DEPICTED ON THE GENERAL PLAN by title only.
Councilman Tyrell moved to adopt Ordinance No. 74 -392 as an urgency
ordinance, seconded by Councilman Gilbertson and carried unanimously.
Council Minutes, September 17, 1974 - Page 4
B.- PROPERTY NUISANCE CASE 74 -25 - 6374 Sultana Avenue
City Manager Koski presented background information, stating the
Planning Commission, at their meeting of August 13, 1974, held:
public hearing and passed Resolution No. 74 -574PC determining the
existence of a public nuisance, the 15 day appeal period for property
nuisances expired without an appeal being filed.
Councilman Tyrell moved to adopt Resolution No. 74 -1389 A RESOLUTION.
OF THE CITY COUNCIL OF THE. CITY OF TEMPLE CITY DECLARING CERTAIN
PREMISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF,
seconded by Councilman Merritt and carried.
C. RPD CASE 74 -424 (Baldwin Revision) AND TENTATIVE TRACT 29602
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held August 27, 1974,
held public hearing and passed Resolution No. 74 -580PC recommending
that RPD Case 74 -424 with Provisional Plan be approved. The Com-
mission also approved Tentative Tract Map No. 29602 subject. to City
Council review and approval of the Residential Planned. Development
zone.
Councilman Tyrell moved to set public hearing October 1, 1974,
seconded by Councilman Greenberg and carried.
D. TENTATIVE TRACT 32392 - Weber Development Co., Inc.
9028 -30 Rancho Real
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held September 10,1974,
certified the Environmental Impact Report and approved Tentative
Tract Map No. 32392, subject to City Council review.
Planning Director -Dragicevich. gave staff report, stating the appli-
cant proposes to build a 12 -unit condominium-project and four .
structures, each two-bedroom unit to contain 1,323 sq. ft. of floor
area. By means of plot plan marked Exhibit 'HA", Mr. Dragicevich
advised the structure located along the southerly property, line would
be used for carports, each unit is planned to have an enclosed and
attached one -car garage: and a patio, the property is zone R -3 and
the proposed development is consistent with the General Plan, the
proposed lot coverage being 357.. The applicant has requested that
the location of one fire hydrant at the southwest corner of Rancho
Real Road and Sultana Avenue pursuant to the Fire Chief's require-
ments be changed to allow the fire hydrant to be located in front of
the property.
Councilman Gilbertson moved to continue the matter, with the approval
of the developer, to October 1, 1974 to consider the Environmental
Impact Report prepared by the applicant, seconded by Councilman Tyrell
and carried:
14. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Meeting of
August 29, 1974: DEVELOPMENT OF THE PECK ROAD SPREADING BASIN AS A
COUNTY WATER - ORIENTED REGIONAL PARK
City Manager Koski presented background information, stating the
City Council, at their regular meeting held July 16, 1974, requested
the assistance of the Parks and Recreation Commission in reviewing
the proposed development of the Peck Road spreading basin as a
water - oriented regional County park. The present area being considered
for development consists of 156 acres and will contain an estimated
75 to 90 acres of water surface. If the area is developed as a Los
Angeles County Regional Park, it will be financed entirely by the
County with general fund monies. The Parks and Recreation Commission,
at a special meeting held August 29, 1974, recommended to City Council
the adoption of a resolution supporting the development.
Council Minutes, September 17, 1974 - Page 5
It was the consensus of the Council that the additional burden
on the county general fund was inconsistent with the need for
economy at the local government level at a time of inflation and
rising unemployment. Councilman Merritt moved to receive and file,
seconded by Councilman Gilbertson and carried.
15. RECOMMENDATIONS FROM TRAFFIC COMMISSION - 'Meeting of September 4,1974
A.- TRAFFIC SIGNAL TIMING OPERATIONS
City Manager Koski presented background information, stating the
Traffic Commission reviewed the hours of operation of all traffic
signals in the City and the proposed timing of signals recommended
by the Los Angeles County Road:Department for signals along Las Tunas
Drive which were recently upgraded under the Arrow Highway Project
and recommended changes as outlined in memo to City Council dated,
September.5, 1974.
Traffic Engineer Envall commented on the modifications to signal
timing operations recommended in subject memo, and particularly to.
Item 4 with regard to the signals along Las Tunas Drive being modified
to flash from 10 p.m. to 6 a.m.
Councilman Gilbertson moved to approve. Items 1 through 4 in memo
dated September 5, 1974 and-on-file in the City Clerk's office,
seconded by Councilman Merritt and carried-on a roll call vote:,
ROLL CALL:
AYES: • Councilmen- Gilbertson, Greenberg, Merritt, Tyrell
NOES: Councilmen-Dennis-
B. COUNTY -WIDE MASTER PLAN OF BIKEWAYS
City Manager Koski advised the Traffic :Commission had reviewed
those portions of the County plan of bikeways that have to do with
Temple City and the Western San Gabriel Valley, pursuant to request.
of City Council and feels that the master plan is basically sound.
Councilman Gilbertson moved to include Items 1 through 4 in letter
to Mr: I. L. Morhar; Road Commissioner, to be forwarded to the
County Board of Supervisors-prior to their adoption of the plan.,
seconded by Councilman Merritt and carried.
C. ROSEMEAD BOULEVARD, EAST SIDE; SOUTH OF LAS TUNAS DRIVE
Rescind Commercial Vehicle Loading Zone
City Manager Koski presented background information, stating the
City has been requested by Air -Tro, Inc.., 5530 Rosemead Boulevard,
to remove red curb adjacent to the driveway and a 30 -foot commercial
vehicle loading zone in front of the location. Traffic Commission
reviewed the configuration of the driveway and the curb markings
and recommends the loading zone be rescinded as there is no longer
a need for this restriction; recommending, however, the property
owner remove the driveway apron which is no longer being used as
access to the property, replace the curb cut with full height curb
and standard sidewalk, after which the red curbing could be rescinded.
Councilman Gilbertson moved to approve the recommendation as listed
in memo dated September 5, 1974 and on file in the City Clerk's . office,
seconded by Councilman Greenberg and carried.
16. SET PUBLIC HEARING: STREET IMPROVEMENTS - ALESSANDRO AVENUE: EAST.
SIDE, LIVE OAK AVENUE TO BROADWAY (Curb,,Gutter and Driveways,
pursuant to Chapter 27,.Streets and Highways Code)
City Manager Koski presented background information, stating the
City received petition from property owners within subject block
requesting construction of curbs, gutters and driveway approaches
representing 91.41 %.
Council Minutes, September 17, 1974 - Page 6
Councilman Gilbe'tson moved to set public hearing November 5,1974,
seconded by Councilman Greenberg and carried.
17. AGREEMENT: CITY OF TEMPLE CITY AND EL MONTE SCHOOL DISTRICT RE:
STUDENT AND THE LAW PROGRAM
City Manager Koski advised that City Council, in the 1974 -75 budget
authorized expansion of the Student and the Law Program to schools
outside the Temple City Unified School District, negotiations have
been completed with El Monte School District for providing the .
program at Cleminson School.
Councilman Merritt moved to approve the Agreement between City and
El Monte School District for the Student and the Law Program, seconded
by Councilman Gilbertson. Councilman Gilbertson moved to amend the
motion to add the off -duty deputy sheriff to be hired by the School
District and approved by the City, seconded by Councilman Greenberg
and carried. The original motion carried as amended.
18. COMMUNITY DISPOSAL COMPANY AGREEMENT: Extension Agreement - Request
for Rate Increase
City Manager Koski presented background information, stating that
the agreement entered into on August 8, 1960 between the City and
Community Disposal, provides for adjusting the rate of refuse
collection based upon the increase in the cost of living determined
by the Consumer Price Index as prepared by the U. S. Department of
Labor, Bureau of Labor Statistics; the last request for a change
in rate was submitted to be effective. November 1, 1973 and was
approved by action of the City Council October 16, 1973.
Councilman Gilbertson moved to amend the Extension Agreement and
instruct the City Attorney to prepare the amendment as requested
in Community Disposal's-- :letter dated September 9, 1974 and authorize
the Mayor and City Clerk to-sign, seconded by Councilman Tyrell and
carried.
19. RESOLUTION NO. 74 -1391: Employment of Personnel. -
Councilman-Tyrell-moved-to-adopt:-Resolution No 74 -1391 A RESOLUTION
OF THE CITY OF TEMPLE-CITY-APPOINTING-PERSONNEL; seconded`by Council-
man-Greenberg-and carried.
20. RESOLUTION NO. 74 -1392: WARRANTS & DEMANDS, Demand Nos. 592 thru
738 in the amount of._$143,450.96.
Councilman Gilbertson moved to adopt Resolution No. 74 -1392 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING
CLAIMS AND DEMANDS IN THE SUM OF $143,450.96, DEMAND NOS. 592 THRU
738, seconded by Councilman Greenberg and carried.
21. COMMUNICATIONS:
There were no- communications.
22. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO-SPEAK:
A: .Mrs. Pat Greer, 9412-E. Kennerly, stated her concern with respect
to the ordinance which does not permit. residents to park on their
grass, stating she had been cited for parking. when she was preparing
to wash her car. Mrs. Greer requested a review of the ordinance.
B. Mrs: Oliver Grant, -5434 N. E1 Monte.-Avenue, expressed a desire
to have the City prepare and submit an application. for the American
City Award.
Council Minutes, September 17, 1974 - Page 7
RECESS TO CRA:
The City Council recessed at 9:05 p.m. to meet as the Community Redevelop-
ment Agency, all members being present, approved the minutes of the regular
meeting held August 20, 1974, received status report from the Executive
Director, adopted resolution for warrants and demands, and approved agree -
ments for bond marketing services and bond counsel.. Minutes are set forth
in full in the minutes of the Agency.
IIIRECONVENE AS CITY COUNCIL:
23. MATTERS FROM CITY OFFICIALS:
A. Vehicle Purchase - 1974 Ford Truck
Councilman Gilbertson moved to confirm purchase of 1974 Ford truck
and appropriate additional funds in the amount of $150 from the
General Fund and amend the Adopted Budget accordingly, and to declare
the 1961 Chevrolet surplus, seconded by Councilman Greenberg and
carried.
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B. Emergency Medical Training Program - Purchase of Equipment
Councilman Gilbertson moved to purchase one Resuscianne to be used
the Emergency Medical Training Program., appropriate additional
funds in the amount of $300 from the General Fund, and amend the
adopted budget accordingly, seconded by Councilman Merritt and
carried, Councilman Tyrell abstaining.
C. Personnel Reclassification - Receptionist- Clerk
Councilman Gilbertson moved to approve recommendations as listed
in memo dated September 13, 1974 and to appropriate additional funds
in the amount of $342 and amend the Adopted Budget accordingly, .
seconded by Councilman-Greenberg and carried.
D. City Manager Koski reminded those Councilmen, Commissioners
and city officials who must file Form 716, Statement of Economic
Interests of the approaching deadline of September 30, 1974.
E. Councilman. Greenberg expressed his continuing concern about
yard and-garage sale signs being tacked to trees and utility poles.
Councilman Greenberg also expressed concern that the Sheriff's
Department does not have literature for bicycle owners concerning
their responsibilities.
F. Councilman Tyrell distributed flyers for a program to support.
Evelle Younger, Attorney General being held Monday, September 23,1974.
Councilman Tyrell reported he had received a telephone call from a
Mr. Pat Moser, purporting to be representing the Governor, advising
if cities in the Los Angeles area declared a disaster, some action
would be taken on the part of the Governor to have the National Guard
drive RTD buses.
Councilman Tyrell advised that scout. troops in Temple City, as well
as their parents are being invited to participate in the Emergency
Medical Training Program.
G. Councilman Gilbertson reported the. Temple City Bicentennial
Couuuittee nmet September 16, 1974; that a kick -off' event will be
staged at the Temple City High School October 11 as a half -time event
when the high school plays Arcadia High School. Councilman Gilbertson
moved to advance the sum of $200 to the Temple City Bicentennial Com-
mittee and - appropriate additional funds in that amount from the General
Fund and. amend the Adopted Budget accordingly, seconded by Councilman.
Greenberg-and carried.
Council Minutes, September 17, 1974 - Page 8
Councilman Gilbertson reported on legislation introduced by
Assemblyman Knox; AB 4270, establishing procedure for consolidation
of two or more counties; AB 4271, establishing provisions for creation
of new counties; and AB 4272, establishing procedure for -alteration
of county boundaries.
H.. Mayor -Dennis distrib uted-p roposed time schedule; participants
and-format for City Seminar to be held October 26, 1974 requesting.
Council comment and recommendation.of five-participants by
September 25, 1974.
I. City Manager Koski reported the West San Gabriel Valley Juvenile
Diversion Project will be located.at 9631 Las Tunas Drive, the
facilities to provide space to be occupied. by HOY.
J, Councilman Merritt-moved-to approve request from Community
Redevelopment Agency for. an advance of-additional-funds in the •
amount of $10,000 as a loan to the Agency and amend-the agreement •
with the Community-Redevelopment Agency accordingly, seconded by
Councilman Greenberg and carried.
24. ADJOURNMENT:
On motion by Councilman Merritt, seconded by Councilman Greenberg,
meeting adjourned at 9:45 p.m. Next regular meeting will be held
Tuesday, October 1, 1974 in the Council Chamber of the City Hall.
MAYOR
ATTEST:
Chief Deputy City Clerk