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HomeMy Public PortalAboutCity Council_Minutes_1974-11-05_Regular 1974CITY OF TEMPLE CITY CITY COUNCIL • MINUTES November 5, 1974 INITIATION: 1. Mayor Dennis called the regular meeting of the City Council to order at 7:31 p,m. on Tuesday, November 5, 1974, in the Council Chamber of the City Hall. 2, The invocation was given by Pastor Warren Howell, Bethlehem Evangelical Lutheran Church, 5319 N. Halifax Road. Pastor Howell invited Council's participation in the Community Thanksgiving Service Wednesday, November 27, 7:30 p,m., St. Luke's Church which is spon- sored by the Ministerial Association. 3. The Pledge of Allegiance to the Flag was led by Mayor. Dennis. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Gilbertson, Green .berg,Merritt,Tyrell,Dennis Councilmen -None City Manager Koski, City Attorney Martin, Assistant to the City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett, Public Works Coordinator Leonetti 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the adjourned meeting held October 29, 1974, as written, seconded by Councilman Merritt and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 pTm. STREET IMPROVEMENTS MILOANN.STREET, NORTH SIDE, AGNES AVENUE TO WILLMONTE AVENUE .(Curb, gutter and driveway connections) City Manager Koski presented background information, stating City Council, at their regular meeting held September 17, 1974, held public hearing on the installation of curb, gutter and driveway improvements. At that time one of the affected property owners requested additional time to consider-whether he could still participate due to financial difficulties and City Council continued the public hearing to November 5, 1974 to allow the property owner to re- evaluate his position. The property owner is unable to bear the additional financial burden at this time, but expressed a desire to see their side of the street improved at -some future date. There being no one come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded-by Councilman Greenberg and carried, Councilman Merritt moved to terminate Chapter 27 proceedings for the installation of curb, gutter and-driveway improvements on Miloann Street, north side, Agnes Avenue to Willmonte Avenue, seconded by Councilman Greenberg and carried. 7, PUBLIC HEARING: 7:30 p.m. 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 City Council, at their regular meeting of September 17, 1974, set public hearing November 5, 1974, for the improvement of the east side of Alessandro Avenue between Live Oak Avenue and Broadway; the petition which initiated the setting of public hearing was returned with signatures of 94% of property owners on the east side of Alessandro, Council Minutes, November 5, 1974 Page 2 however, subsequent to receiving notice, several property owners have registered displeasure with only one side of Alessandro being improved.. Petitions had been circulated on the west side of. Alessandro with signatures of 51% obtained between-Live Oak and. Wedgewood, and 0% between Wedgewood and Broadway. Mayor Dennis declared the public hearing open. Public Works Coordinator Leonetti gave staff report, and with the aid of a chart, pointed out those property owners who had signed the petition, those who signed but feel both sides of Alessandro should be improved, and those who did not sign the petitions: Mr. Walter Bowman, 5538 Alessandro, advised he was one of the persons who circulated the petition, having done so under the impression it was for both sides of the street. Mr. Bowman would not support improvements on one side of the street. Mr. Donald Kane, 5502.Alessandro, stated he would withdraw his support unless both sides of Alessandro.are improved. Mr. Paul Scholer, 5530 Alessandro, stated he would prefer both sides of the street improved at one time rather than have it torn up twice. He withdrew his support unless both sides of Alessandro are improved. Ms. Diana Rinn, 5620 Alessandro, statedshe Would not want improve - ments on Alessandro if both sides of the street are not done. Ms. Gail Moore, 5514 Alessandro, stated she had'been under the impression the :petitionswere for improvements on both sides of Alessandro Avenue, There being no one else come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Greenberg . and carried. Councilman Gilbertson stated he would be in favor of considering improvements on both sides of Alessandro, and asked City Attorney's opinion relative to Chapter 27 proceedings. City. Attorney Martin advised that Council could proceed with improve- ments under the Streets and Highways Code either by initiating a 4/5 vote finding the project in the best public interest or obtain the signatures of 60% of the property owners on each side of the street, or abandon the project. Councilman Tyrell moved to abandon the project until such time 60% of the property owners on both sides of the street are interested, seconded by Mayor Dennis. Councilman Merritt moved to initiate new petitions for improvements on both sides of Alessandro, Live Oak Avenue to Broadway. Motion . died for lack of second. The original motion carried on a roll call vote: ROLL CALL: AYES: Councilmen- Gilbertson, Tyrell, Dennis- NOES: Councilmen- Greenberg, Merritt . 8. PUBLIC HEARING: 7:30 p.m. PROPOSED AMENDMENTS TO THE GENERAL PLAN RE:.SEEMAN SCHOOL City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of September 24, 1974, held public hearing and adopted Resolution No. 74 -586PC recouumiending amendment to the General Plan to change the use of the Seeman School site to low residential density (0 -6 units /acre); an Environmental • Impact Report was prepared within the meaning of the Environmental Quality Act of 1970; City Council, at their meeting held on October 1, 1974 set public hearing November 5, 1974, Mayor Dennis declared the public hearing open, Council Minutes, November 5,1974 - Page 3 Planning Director Dragicevich gave staff report, stating the. Planning Commission recommended subject amendment to bring the General Plan and Zoning Map into conformity; the General Plan indicating the property as suitable for a public school site, the Zoning Map indicating R -1. He gave'a report on the location of the property, size (10.5 acres), existing land use, zoning history and potential development possibilities. In.conclusion, Mr. Dragicevich stated staff prepared an Environmental Impact Report which reflects some adverse impact on the surrounding area and would eliminate a number of mature trees. Councilman Gilbertson Moved to make the Planning Commission minutes a part of the record, seconded by Councilman Greenberg and carried.. There being no one come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Gilbertson moved to certify the Environmental Impact Report as prepared in accordance with State Law and the City Council con- sidered it in arriving at their decision, seconded by Councilman Tyrell and carried. Councilman Gilbertson stated the surrounding area is fully developed with single family residence and he feels low residential density is proper zoning for the area., Mayor Dennis stated the property in question is one of the last large parcels in Temple City and with the interest expressed by residents in the northern section of the City in developing a park site, some consideration: might be given to acquiring at least part of the parcel to be used as a trade off, his thought being that Pacific Ackworth may be interested. Councilman Merritt stated he liked the idea and felt Pacific Ackworth should be approached before a change in the General Plan is completed. Councilman Tyrell moved to amend the General Plan and instruct the City Attorney to prepare the appropriate resolution, seconded by Councilman Gilbertson and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Gilbertson, Greenberg, Tyrell NOES: Councilmen- Merritt, Dennis PROPERTY NUISANCE CASE 74 -26: 10800 DAINES DRIVE City Manager Koski presented background information, stating City Council, at their regular meeting held October 15; 1974, considered . abatement of conditions at 10800 Daines Drive, however, because the property owner had been advised the recommendation would be to terminate proceedings and subsequent actions continued the existing hazard, Council continued the matter to November 5 to notify the property owner a public nuisance is still under consideration. Because the property has new owners who are working daily to improve the property, staff would recommend a decision be postponed until December 3, 1974. Councilman Gilbertson moved to continue the matter to Tuesday, December 3, 1974, seconded by Councilman Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Gilbertson, Greenberg, Merritt, Dennis NOES: Councilmen - Tyrell .10. RESOLUTION NO. 74 -1377: ACQUISITION OF CERTAIN EASEMENTS FOR STREET PURPOSES (GIDLEY STREET) City Manager Koski presented background information, stating City Council, at their regular meeting held September 17,1974, continued Counc•il.Minutes, November 5, .1974 - Page the matter of acquiring property on the south side of Gidley Street for the purpose of widening the street to November 5, 1974 in order that one of the property owners could have time to prepare an estimate for the "relocation of his office to. another place on his property so that right -of -way could be acquired, -Plans have been completed, however, cost estimate is not completed and staff would recommend the matter-be continued to November 19, 1974 when the estimate.will be available. Councilman Gilbertson moved to continue .the matter to November 19,1974, seconded by Councilman Greenberg and carried.. 11. ACCEPTANCE OF BID: SLURRY SEAL PROJECT - FY 1974 -75, MAINTENANCE AREA #2 1 1 City Manager Koski advised that City Council, at their regular meeting held October 15, 1974, approved plans and specifications and authorized advertising for and receiving bids on the slurry seal project for FY 1974 -75; five bids were received; low bid of $15,936 from Chamber Mix Concrete, Inc. is $2,064 under the contract estimate. Councilman Greenberg moved to accept low bid of Chamber Mix Concrete,Inc. in the amount of $15,936 and authorize the Mayor and City Clerk to sign the agreement, Council finding the project exempt from•the Environmental Quality Act of 1970, seconded by Councilman Merritt and carried. NEW BUSINESS: 12. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of October 8, 1974. PROPERTY NUISANCE CASE 74 -27.- 5218 Farago City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of October 8, 1974 held public hearing and adopted Resolution No. 74 -591PC determining that a public nuisance "exists on the subject property; the 15 -day appeal period for property nuisances expired-October 23 without an appeal being filed with the City. Councilman Merritt moved to adopt Resolution No. 74 -1402 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 Greenberg and carried. 13 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Meeting of. October 16, 1974 REQUEST RECEIVED FROM TEMPLE CITY YOUTH SOCCER ASSOCIATION City Manager Koski advised that when Temple City Youth Soccer Association was originally granted cosponsorship, the association requested, and was granted, permission to store their portable wood goal posts at Live Oak Park. Because of their weight and the difficulties encountered with respect to setting them up and taking them down, the association has developed a light - weight, aluminum goal post assembly designed to be erected by inserting the side posts in ground sleeves. The Parks and Recreation Commission, at their meeting held October 16, 1974 recommended to City Council their request to install goal post ground supports at no expense to the City be approved with the association being responsible to . cover the top.. c the sleeves with sod at the completion of the soccer season: Councilman Tyrell moved to grant permission to the Temple City Youth Soccer Association to install goal post ground supports at no expense to the City where the existing portable goals now stand, seconded by Councilman Greenberg and carried. Council Minutes, November 5, 1974 - Page 5 14. ENCINITA AVENUE: EAST AND WEST SIDES, LAS TUNAS DRIVE TO BROADWAY (Curb and gutter improvements pursuant to Chapter 27, Streets and. Highways Code) CIRCULATION OF PETITION City Manager Koski presented background information; stating $10,000 for the design of curb, gutter, sidewalk and driveway improvements, Encinita Avenue between Las Tunas Drive and Broadway was included in the FY 1974 -75 budget; project would bring Encinita Avenue up to present select system standards of 40 ft. wide, curb face to curb face; several property owners have inquired about circulating a petition in the affected blocks; if circulation of petitions is authorized and . the plans and specifications are authorized during the current fiscal year, bids could be solicited at the beginning of the FY 1975 -76 and project under construction by September 1975. Councilman Gilbertson moved to authorize the circulation of petitions on Encinita Avenue for curb, gutter, driveway aprons, and connections, and to authorize the preparation of plans and specifications for the improvement of Encinita Avenue, Las Tunas Drive to Broadway, seconded by Councilman Tyrell and carried, 15. SET PUBLIC HEARING: ALLEY IMPROVEMENTS ALLEY SOUTH OF BROADWAY, SULTANA TO LOMA (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating pursuant to recent adopted policy for the construction of unimproved alleys a petition was circulated by a property owner within the subject limits to have the alley improved; the petition was returned to the City with signatures representing 60% of the footage on both sides of the alley. The property owners share of the estimated total costs of $11,550 is $8,058.29 and it is recommended the City's portion in the amount of $3,491.71 be made available from the Maintenance Account as the Road Department forces will be performing the work. Councilman Tyrell moved to set public hearing on alley improvements, alley south of Broadway, • Sultana an d Loma Avenues, December 3, 1974, seconded by Councilman Greenberg and carried. 16 COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, TITLE II - Amendment to Sub - Agreement City Manager Koski advised the City has been participating in the Comprehensive Employment and Training Act of 1973, Title II, under a $33,697 grant. Additional appropriations have been authorized. by Congress and staff has received approval of funding three addi- tional positions in the amount of. $20,133, positions authorized being a tree crew member, park maintenance man and-senior recreation leader. Councilman Merritt moved to approve amendment to-sub- agreement and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. 17. RESOLUTION NO. 74 -1403: EMPLOYMENT OF PERSONNEL Councilman Gilbertson moved to adopt Resolution No. 74 -1403 A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL, seconded by Councilman Tyrell and carried. 18 RESOLUTION NO. 74-1404 WARRANTS & DEMANDS, Demand. Nos.. 907 thru 998 in the amount of $50,831.18. Councilman Merritt moved to adopt Resolution No. 74 -1404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $50,831.18, DEMAND NOS. 907 THRU 998, seconded by Councilman Gilbertson and carried. Council Minutes, November. 5,1974 - Page 6 19. COMMUNICATIONS: A. Gary Makayama, 1465 Stonewall, Monterey Park - Claim for Damages City Manager Koski presented claim on behalf of Gary Makayama, • 1465.Stonewall, Monterey Park for damages alleged to have occurred July 12, 1974 in the vicinity of 9960 Lower Azusa Road, El Monte in connection with an arrest. Councilman Tyrell moved to deny and refer to City's insurance carrier, seconded by Councilman Gilbertson and carried. B. Charles B. Gonzales, Sam W. Berry, and Henry L.. Battle - Claim for Damages City Manager Koski presented claim on behalf of Charles Gonzales, Sam Berry and Henry Battle for the return of fines and.penalties for violation of California Vehicle Code 23102 imposed by the courts which have since been challenged as unconstitutional. Councilman Merritt moved to deny claim and direct that it be forwarded to Alhambra Municipal Court, seconded:by•Co.uncilman Gilbertson and carried. 20. TIME FOR THOSE IN THE AUDIENCE -WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: The City Council recessed at 8:30 p.m. to meet as the Community Redevelop- ment Agency, all members being present, approved the minutes of the adjourned meeting held October 29, 1974, . adopted Resolutions determining benefit of Iparking facilities to Rosemead Boulevard Redevelopment Project area, Lease Agreement, authorizing issuance of bonds, approving Official Statement, and authorizing invitation for bids re: sale of bonds. Meeting adjourned at 9:15 p.m. The minutes are set forth in full in the minutes of the Agency. 1 RECONVENE AS CITY COUNCIL: 21. REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMPLE CITY AND TEMPLE CITY REDEVELOPMENT AGENCY The Reimbursement Agreement between Temple City Redevelopment Agency and the City having been continued to December' 3, 1974, Councilman Tyrell moved the Reimbursement Agreement between City of-Temple City and Temple City Redevelopment Agency be continued to December 3, 1974, seconded by Councilman Gilbertson and carried. 22. DETERMINE BENEFIT OF PARKING FACILITIES TO ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA Councilman Gilbertson moved to adopt Resolution No, 74 -1406 A . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE ACQUISITION OF LAND IN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AND TO THE CONSTRUCTION BY THE TEMPLE CITY' COMMUNITY REDEVELOPMENT AGENCY OF PUBLIC PARKING FACILITIES: AND CONSENTING TO THE EXPENDITURE' OF FUNDS THEREFOR AND TO THE CONSTRUCTION AND OWNERSHIP OF THE FACILITIES BY THE AGENCY, seconded by Councilman Merritt and carried. 23. ORDINANCE NO. 74 -394: 2nd read. APPROVING LEASE AGREEMENT BETWEEN CITY AND TEMPLE CITY REDEVELOPMENT AGENCY City Manager Koski presented Ordinance No. 74- 394AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPROVING THAT C tTAIN LEASE AGREE- MENT, DATED AS OF DECEMBER 1, 1974, BETWEEN SAID CITY AND THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY. Councilman Greenberg moved to Council Minutes, November 5, 1974 - Page 7 waive further reading and adopt, seconded by Councilman Merritt and carried. 24. MATTERS FROM CITY OFFICIALS: A. Surplus Property - Typewriters City Manager Koski advised the three typewriters authorized in the 1974 -75 budget have been purchased; the trade -in allowance offered. by IBM for the existing typewriters is well below their market value; staff has had contact with several office equipment sales repre- sentatives who offer more for the machines than IBM.. Councilman Greenberg moved to declare the three typewriters surplus and authorize staff to accept bids and dispose of the excess type- writers seconded by Councilman Merritt and carried. B. Legal and Acquisition Services Fees Councilman Gilbertson moved to approve an advance of additional funds in the amount of $5,733.06 as a loan to the Community Redevelopment Agency and amend the agreement with the Agency accordingly and authorize payment to Legal Counsel in the amount of $3,469.59 and Acquisition Agent in the amount of $2,263.47, seconded by Councilman Greenberg and carried. C. After Hours Telephone Service Councilman Gilbertson moved to receive and file memo dated October 30, 1974, setting forth alternatives to telephone answering after City business hours, seconded by Councilman Greenberg and carried. D. Councilman Merritt stated his concern with regard to information he had received that certain individuals who are circulating the petition to repeal the'RPD Ordinance were misrepresenting the purpose of the petition. 25. ADJOURNMENT: On motion by Councilman Greenberg, seconded by Councilman Gilbertson meeting adjourned at 9:25 p.m. The next meeting of the City Council will be held Tuesday, November 19, 1974, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: 614,972 4, C ie Deputy City Clerk