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HomeMy Public PortalAboutCity Council_Minutes_1975-05-06_Regular 19751 1 1 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OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO SUB- DIVISION REGULATIONS, advising the Subdivision Map Act has been repealed from the Business and Professional Code and readopted as a part of the Government Code; that there are certain procedures required to be included in local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. 1 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. 1 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 1 . 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