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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. 1 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. 1 1 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