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