HomeMy Public PortalAboutCity Council_Minutes_1975-05-06_Regular 19751
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
May 6, 1975
INITIATION:
1. Mayor Gilbertson called the regular meeting of the City Council to
order at 7:35 p.m. on Tuesday., May 6, 1975, 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.
3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Dennis, Greenberg, Merritt, Tyrell,
Gilbertson
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 Merritt requested the minutes of the regular meeting held
April 15, 1975, be amended to expand on the reasons he withdrew
his second to the motion to approve change of zone for the northern-
most parcel only in Zone Change Case No. 75 -437. Councilman Dennis
moved to approve the minutes of the regular meeting of the City
Council held Tuesday, April. 15, 1975, as amended, seconded by
Councilman Greenberg and carried.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 75 -399: 2nd read. CHANGE OF ZONE IN ZONE CHANGE CASE
NO. 75 -437 - 5200 THROUGH 5230 N. ROSEMEAD BOULEVARD
City Attorney Martin presented Ordinance No. 75 -399 AN ORDINANCE
OF THE CITY OF TEMPLE CITY PROVIDING A CHANGE OF ZONE IN ZONE
CHANGE CASE NO. 75-437 for second reading by title only. Councilman
Tyrell moved to waive further reading and adopt, seconded by Council-
man Merritt and carried.
7. ORDINANCE NO. 75- 401 -A: 2nd read. AMENDING SECTION 4265.3 OF THE
TEMPLE CITY MUNICIPAL CODE RELATING TO GAMBLING
City Attorney Martin presented Ordinance No. 75- 401 -A, AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 4265.3 OF }THE TEMPLE
CITY MUNICIPAL CODE RELATING TO GAMBLING for second reading by
title only. Councilman Merritt moved to waive further reading
and adopt, seconded by Councilman Greenberg and carried.
8. ORDINANCE NO. 75 -400: URGENCY ORDINANCE RE: SUBDIVISION MAP ACT
City Attorney Martin presented Ordinance No. 75 -400 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CERTAIN
PROVISIQNS OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO SUB-
DIVISION REGULATIONS, advising the Subdivision Map Act has been
repealed from the Business and Professional Code and readopted
as a part of the Government Code; that there are certain procedures
required to be included in local ordinances, and suggested the
ordinance be adopted as an urgency measure pending further study
by staff, Planning Commission and City Council. Councilman Tyrell
moved to waive further reading and adopt, referring the matter to
the Planning Commission for further study, seconded by Councilman
Council Minutes, May 6, 1975 - Page 2
Dennis and carried on a roll call vote:
ROLL CALL:
AYES.: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson
NOES: Councilmen -None
City Attorney Martin introduced Ordinance No. 75- 400 -A, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CERTAIN'
PROVISIONS OF THE. TEMPLE CITY MUNICIPAL CODE RELATING.TO SUB-
DIVISION. REGULATIONS for 'first reading by title only. Councilman
Greenberg moved to waive further reading, seconded by Councilman
Tyrell and carried.
9. ORDINANCE NO. 75 -402: 1st read. CHANGE OF ZONE IN ZONE CHANGE
CASE NO. 75 -436 - 9619 THROUGH 9633 BROADWAY
City Attorney Martin presented Ordinance No. 75 -402 AN ORDINANCE
OF THE CITY OF. TEMPLE CITY PROVIDING A CHANGE OF ZONE IN ZONE
CHANGE CASE NO. 75 -436 for first reading by title only. Councilman
Greenberg moved to waive further reading, seconded by Councilman
Merritt and carried.
NEW BUSINESS:
10. PROPOSED AMENDMENTS TO ENVIRONMENTAL IMPACT REPORTS - AND - PROCEDURES
City Manager Koski presented background information, stating recent
amendments. to .the. State Guidelines for processing Environmental
Impact Reports require minor revisions in the Local regulations
relating. to notices, certification of EIR, purpose of EIR and con -
servation of energy. The City Attorney has prepared a resolution
repealing Res.olution.No. 73 -1270 and approving revised regulations
for the processing of Environmental Impact Reports.
o Councilman Merritt moved to adopt Resolution No. 75 -1450 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REPEALING RESOLUTION
NO....73- 1270 :AND ADOPTING REGULATIONS FOR PROCESSING ENVIRONMENTAL
IMPACT REPORTS,'.secondedby Councilman Tyrell and carried.
11. EXTENSION AGREEMENT - COMMUNITY DISPOSAL COMPANY
City. Manager Koski presented background information stating the
Community Disposal Company has requested an extension of their
contract to August 8, 1980 with franchise payment to be increased
to .$600 per month, and an additional extension to August 8, 1985
with franchise payment to be increased to $700 per month; and
requesting the option for an additional five year extension to
August 8, 199.0 with a franchise payment of $800 per month: For
consideration Community Disposal has proposed no further service
charges for services to City facilities and an additional cleanup,
service to residents on the last collection day of each week.
City Attorney Martin advised that with respect to the requirement
for the.contracto'r to-fingerprint his employees and not- permitting
the contractor to hire convicted felons, it is :.difficult for
contractor who works in different cities, each having different
requirements which are not uniform in all cities. It would be his
recommendation that this requirement be suspended, keeping the
requirement in the agreement for possible future use.,
Councilman Tyrell moved to approve Community Disposal Company's
proposal and instruct the City Attorney to prepare an amendment
to the Agreement and authorize the Mayor and City. Clerk to sign,
seconded by Councilman Dennis and carried,
12. RESOLUTION NO, 75 -1451: APPROVING 1995 FUNCTIONAL CLASSIFICATION
PLAN
City Manager Koski presented background information, stating the
California State Department of Transportation has completed the
1995 Functional Classification Plan for freeways and expressways
and is requesting City Council approve the plan, by adopting
Council Minutes, May 6, 1975 - Page 3
resolution submitted by CALTRANS. The resolution prepared by the
City takes exception to the alignment of the Type III highway (freeway)
which is shown on the plan as coinciding with Encinita Avenue.
CALTRANS has advised this is not where the freeway will go, and in
fact, a route study has not been proposed for this Type III highway.
Following brief discussion Council concurred with amended resolution
to read the City Council approves the 1995 Functional Classification
Plan as it is proposed for the City of Temple City but opposes
specifically the inclusion of State Route 164.
Councilman Dennis moved to adopt Resolution No. 75 -1451 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPROVING
THE ADOPTION OF THE 1995 FUNCTIONAL CLASSIFICATION STUDY AS THE
HIGHWAY ELEMENT OF THE TRANSPORTATION PLAN WITHIN THE CITY OF TEMPLE
CITY BUT OPPOSING SPECIFICALLY THE PROPOSED INCLUSION OF STATE ROUTE
164, seconded by Councilman Merritt and carried.
13. VACATION OF EASEMENT - TENTATIVE TRACT NO. 32392: Weber Development
Company, Inc. (9028 -90282 and 9030 Rancho Real)
City Manager Koski presented background information, stating the
vacation of the easement for public utilities has been requested
by the applicant of Tentative Tract No. 32392; Temple City is the
successor in interest to Los Angeles County holding the easements
for public utilities by dedication on the map of Tract No. 11218,
the City Engineer has indicated that no sanitary sewers or storm
drains exist within the easement.
Councilman Merritt moved to adopt Resolution No. 75 -1452 A RESOLUTION
OF THE CITY OF TEMPLE CITY VACATING PUBLIC UTILITY EASEMENTS WITHIN
LOTS 4, 5, 6 and 11 OF TRACT NO. 11218, seconded by Councilman
Greenberg and carried.
14. SET PUBLIC HEARING: STREET IMPROVEMENTS - BALDWIN AVENUE, WEST SIDE,
BOGUE.STREET TO BROADWAY (Sidewalks, pursuant to Chapter 27, Streets
and Highways Code)
City Manager Koski advised the City has received petition with 100%
signature for construction of sidewalk for subject street; it is
proposed the 181.69 lineal feet of sidewalk be constructed by the
Los Angeles County Road Department; project is funded in the
FY 1974 -75 budget in the amount of $750, with City costs anticipated
to be $350.
Councilman Dennis moved to set public hearing June 3, 1975 and
instruct the Superintendent of Streets to notify property owners,
seconded by Councilman Tyrell and carried.
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15. SET PUBLIC HEARING: ALLEY ASSESSMENT (South of Broadway, Sultana
to Loma)
City Manager Koski advised that pursuant to City Council action
December 3, 1974, the Los Angeles County Road Department has com-
pleted the construction of the improvements in the alley south of
Broadway from Sultana Avenue to Loma Avenue under Chapter 27 and
pursuant to policy established for alley improvements by City
Council action October 1974.
Councilman. Greenberg moved to set public hearing May 20, 1975 for
assessment for alley improvements for subject alley and instruct the
Superintendent of Streets to notify the property owners, seconded by
Councilman Merritt and carried.
16. LOWER AZUSA ROAD: STREET IMPROVEMENT PROJECT - PROPOSAL FOR FEDERAL
AID FUNDING
City Manager Koski presented background information, stating Supervisor
Schabarum, in his recent letter to Mayor Gilbertson, expressed the
hope that Lower Azusa Road could be constructed with Federal Aid Urban
Funds and requested the City budget its proportionate share in
FY 1975 -76 budget. Temple City's proportionate share of the con-
Council Minutes, May 6, 1975 - Page 4
struction would be approximately $75,000, as well as approximately
$7,500 for right -of -way acquisition. The City has received a pro-
posal from Mr. Lawrence Brown, appraiser, for the appraisal of the
remaining parcels to be acquired for the Lower Azusa Road con-
struction project,
Councilman Merritt moved to authorize inclusion of $75,000 Gas Tax
funds as Temple City's portion of the Lower Azusa Road construction
project in the FY 1975 -76 budget and authorize the preparation of
the appraisal reports for the right -of -way acquisition by Lawrence
Brown pursuant to his proposal dated January 6, 1975, seconded by
Councilman Dennis and carried.
17. REQUEST FOR ENCROACHMENT PERMIT - 10640 Hallwood Drive
City Manager Koski advised the owner of the residential property
located at 10640 E. Hallwood Drive has requested an encroachment
permit for a chain link fence which will encroach into the right-
of -way approximately three feet; the request is made pursuant to a.
Planning Commission suggestion to the property owner to ask. for an
encroachment permit for a fence which has, already been installed. 4,
Because City Council had some questions and -.in.view of _..the fact that
the applicant was not present, Council continued the matter to their
next regular meeting to be held on Tuesday,' May 20, 1975 and instructed
staff to so notify the applicant. •
18. RESOLUTION NO. 75 -1453: REQUESTING SUSPENSION OF REASSESSMENTS
Mayor Gilbertson stated that County government has been of great
concern to.him and other members of the City Council, as well as
many. people throughout the San Gabriel Valley. Mayor Gilbertson.
expressed concern that in the period since 1961 the County budget
has increased -440 %, during the same time assessed valuation has
increased 105 %, and an increase in the tax rate of' 235%, and in
addition the County has realized added funds from Federal revenue
sharing..in an amount of approximately $100 million. During the same
period the total population of Los Angeles County has gone up 18 %;
in' 1961 the per capita cost of County government. was $78, in 1971
it had risen to $290 and for next year it is projected at $390.
Mayor Gilbertson introduced Resolution No. 75 -1453 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CRITICIZING THE RE
ASSESSMENT. PRACTICES OF THE COUNTY ASSESSOR AND REQUESTING THE
BOARD OF SUPERVISORS TO REDUCE TAXES.
Mr. Bo cce O'Bannon, 10316 Olive Street, stated a group of residents
had held a meeting at which time they formed an organization.,
Concerned Taxpayers of San Gabriel Valley,, in protest against the
increasing taxation. of homes in Los Angeles County; the group has
formulated a constitution and by -laws and elected Boyce O'Bannon,
President; Lillian Stevens, Vice - President; Jean Curtis, Secretary;
the group has approximately 450 members and he would estimate the
membership will soon reach 3000.
Mrs. Jean. Curtis, Secretary, Concerned Taxpayers of San Gabriel
Valley read the minutes of their organizational meeting held
April 20, 1975.
Mr, Tom Atkins, 5434 Cambury, gave a brief rundown of the objectives
of Concerned Taxpayers of San Gabriel,Valley and advised the group
will establish a liaison with similar groups in other communities
of San Gabriel Valley to protest the massive tax increase as a
result of reassessment.
Mr. Boyce O'Bannon, advised the Concerned Taxpayers of San Gabriel
Valley will have a meeting in approximately two weeks, to which
every County Supervisor and every Mayor in San Gabriel Valley will
be invited.
Council Minutes, May 6, 1975 - Page 5
Councilman Tyrell stated requesting the Board of Supervisors to
reduce our taxes is not going to do any good; they are going to
have to go back to the standards that we had before there was
one out of every three or four persons working for the government,
at whatever level it may be. Councilman Tyrell stated we need to
clean house at the County level and make the Supervisors realize
the citizens simply cannot afford the necessities of life let alone
support the rampant government which is being perpetuated by the
Los Angeles County government. Councilman Tyrell further stated
we must reduce the number of County employees or start another
county where we can control the'empire' possibly by using the
contract system with other agencies or private enterprise and
controlling the number of employees.
Mr. Pat Owens, 5341 Santa Anita, expressed his respect for a City
Council which is responsive to the needs of the people and encouraged
Council's attendance at the proposed meeting of the Concerned Taxpayer's
of San Gabriel Valley.
Councilman Tyrell moved to adopt Resolution No. 75 -1453, seconded by
Councilman Greenberg and carried.
At this point, Mayor Gilbertson introduced Chief Nino Polito, newly ap-
pointed Division Assistant Chief, who was present in the audience.
19. RESOLUTION NO. 75 -1454: WARRANTS & DEMANDS, DEMAND NOS. 1923 thru
2033 in the amount of $171,727.82 c
Councilman Merritt moved to adopt Resolution No. 75 -1454 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE. SUM OF $171,727.82, DEMAND NOS. 1923 THRU 2033,
seconded by Councilman Greenberg and carried.
IMayor Gilbertson declared a recess at 8:47 p.m. Council reconvened at
9:05 p.m., all members being present.
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20. COMMUNICATIONS:
A. California Contract Cities - Amendment to By -laws: DUES Increase
Mayor Gilbertson advised as a member of the Budget Committee of
Contract Cities, he was happy to report the Committee has made a
recommendation calling for an increase of only $1,250, with no
consideration being given to the.services of Mr. Gonsalves, who
had advised he wished his name to 'be-withdrawn as Contract Cities
legislative representative. Council, therefore, received and filed
communication from California Contract Cities relative to a proposed
increase in dues to retain Joe Gonsalves as legislative representative.
B. Liability Claim - Unigard Insurance Group
City Manager Koski
on behalf of their
Rosemead, claiming
branch from a tree
presented claim from Unigard Insurance Group
insured, Baby Toy Town, 8930 Valley Boulevard,
damages to their vehicle from a protruding
located at 5476 Cloverly Avenue.
Councilman Tyrell moved to deny claim and refer to City's insurance
carrier, seconded by Councilman Greenberg and carried.
C. West San Gabriel Valley Juvenile Diversion Project - Authorization
to Continue Participation for FY 1975 -76
City Manager Koski submitted a communication from West San Gabriel
Valley Juvenile Diversion Project requesting Council to indicate
their intent to participate in fiscal year 1975 -76.
Councilman Tyrell moved to approve the City's participation in the
West San Gabriel Valley Juvenile Diversion Project and include the
amount of $1,785.71 in the FY 1975 -76 budget, seconded by Council-
man Greenberg and carried.
Council Minutes, May 6, 1975 - Page 6
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. Temple City JayCees - Request to use Council Chamber May 19, 1975
to conduct forum on School District tax override.
City Manager Koski presented communication from Temple City JayCees
requestin& permission to use Council Chamber, Monday, May 19, 1975,
to conduct a forum on School District tax override. Councilman
Merritt moved to approve, seconded by Councilman Tyrell and carried.
N,r. Joe Watson, President, Temple City JayCee's,- expressed the
organization's. appreciation for Council's cooperation in approving
the use of the Chamber for the forum for school tax override, stating
the JayCee's feel_it is important to hear both sides of the issue.
E. Chamber of Commerce - Request re: Signs for. the 2nd Annual
All Community picnic and to conduct bike ra.ces..
Councilman Greenberg moved, seconded by Councilman Merritt and
Carried to approve request from Temple City Chamber of Commerce to
pest signs throughout .the City inviting the public to attend the 2nd
Annual Picnic at Live Oak Park on Sunday, June l; 1975, and to con-
.duct .a bike race(s) from 12 :30 to approximately 200 p.m. pursuant
to their letter dated May 5., 1975,. subject to the necessary parking
signs and barricades.
21. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO. SPEAK:-
None
RECESS TO CRA:
The City Council recessed at 917 p.m..to meet_ as the Community Redevelop-
ment Agency, all members being present, approved the minutes of the. regular
meeting held April 15, 1975, adopted resolution approving warrants and
Idemands, held . public hearing and authorized signing of contracts with
the highest bidders for sale and off-site. relocation of structures within
the Rosemead Boulevard Redevelopment Project area... Minutes are set .
forth in full in the minutes of the Agency.
RECONVENE AS CITY COUNCIL:
22. ACTION ON REQUEST BY CRA:
A. Request for Advance of Funds
'Councilman Tyrell moved to approve an advance of additional funds
in the amount of $10,978.95 as a loan to the Couununity Redevelop-
ment Agency and amend the agreement with. the Agency accordingly,
seconded by Councilman Dennis and carried.
23. MATTERS FROM CITY OFFICIALS:
A. California Society of Municipal Finance Officers - League of
California Cities, Legislative Seminar - May 16, 1975, Sacramento
Councilman Dennis moved to authorize the attendance of the City
Treasurer to the Legislative Seminar of the League of California
Cities to be held May 16, 1975 in Sacramento, and approve the
necessary expenditures, not to exceed $114., seconded by Council-
man Tyrell and carried.
B. Street Improvements — Golden West Avenue, et al
City Manager Koski advised that plans and specifications have been
completed by the Los Angeles County Road Department for curb, gutter,
sidewalk and driveway approaches for project known as Golden West
Avenue et al; a negative declaration for each of the streets had
previously been certified by Council at the time the project was
approved.
Council Minutes, May 6, 1975 - Page 7
Councilman Tyrell moved to approve plans and specifications for
Golden West Avenue et al and authorize the Superintendent of Streets
to advertise for and receive bids, seconded by Councilman Dennis
and carried.
C. RTD Preliminary Report
City Council, having reviewed preliminary draft of San Gabriel Valley
Transit Planning Study at their study session held Monday, May 5,_
concurred the plan had some merit and deserves an opportunity to offer
improved bus service to a modernized system of routes and schedules;
however, would recommend a $.35 fare rather than the present $.25 fare
with $.10 transfer, and the area on -Lower Azusa Road, west of Baldwin
Avenue, being offered additional service.
Councilman Dennis moved to request Mayor Gilbertson to direct a letter
to RTD Board of Directors indicating Council approval of proposed plan,
as amended, seconded by Councilman Greenberg and carried.
D. Magdalena de Kino Invitation to attend Celebration of Father Kino,
May 18, 1975
Mayor. Gilbertson directed Council's attention to an invitation he
received from Sister City, Magdalena de Kino, to participate in their
annual celebration to Father Kino and requested authorization to attend
with President of Sister City Association and City Manager.
Councilman Merritt moved to approve the attendance of Mayor Gilbertson,
Sister City President and City Manager to the celebration of Father
Kino, May 18, 1975 and authorize the necessary expenditures, seconded
by Councilman Greenberg and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Greenberg, Merritt, Gilbertson
NOES: Councilmen -None
ABSTAIN: Councilmen - Dennis, Tyrell
E. Councilman Tyrell stated he had received a report of officers
tenure at. the. Temple Station from Captain Hansen which showed approxi-
mately six officers have been at Temple Station in excess of 18 months.
Councilman Tyrell felt the report should be a topic of discussion at
the next Sheriff's meeting.
Councilman Tyrell also advised he would have a detailed report relative
to the West San Gabriel Valley Juvenile Diversion Project at the next
Council meeting, stating a joint meeting of the Advisory Board and
the Board of Directors is scheduled May 14, 1975.
F, Councilman Greenberg stated he is impressed with the wide variety
of counseling which is available to the youth through the Diversion
Project, adding that the youth of the community are benefiting from
the program due to the active participation of Councilman Tyrell.
G. Mayor Gilbertson stated he has had an initial meeting with the
Chairmen of each of the City Commissions, that he plans to have a
meeting monthly.
Mayor Gilbertson also directed Council's attention to the Youth in
Government Day planned for May 15, 1975, and sought Council partici-
pation. Councilman Tyrell stated following the luncheon meeting
in which Council participated with the Leadership Class at the high
school, he had written students inviting follow up meetings with
Council, however he has not received a reply.
24. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Merritt, City
Council adjourned to a Study Session Monday, May 19, 1975, 7:30 p.m.
Next regular meeting of the City Council will be held Tuesday, May 20,
1975, 7:30 p.m. in the Council Ch. .er of the :ty Hall.
ATT ST:
Ch Deputy City C er
MAYOR