HomeMy Public PortalAboutCity Council_Minutes_1975-05-20_Regular 19751
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
May 20, 1975
INITIATION:
1. Mayor Gilbertson called the regular meeting of the City Council
to order at 7:35 p.m. on Tuesday, May 20, 1975, in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend R. E. Schulz, First Lutheran
Church, 9123 E. Broadway.
3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson.
4. ROLL CALL:
Present: Councilmen- Dennis, Greenberg ,Merritt,Tyrell,Gilbertson
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
5. APPROVAL OF MINUTES:
Councilman Merritt moved to approve the minutes of the regular meeting
of the City Council held Tuesday, May 6, 1975, as written, seconded
by Councilman Dennis and carried.
At this time, Mayor Gilbertson called attention to the fact that Mrs. Mary
Conway of 5135 N. Arden. Drive, Temple City, is celebrating her 100th
birthday and expressed congratulations and best wishes for her continued
good health.
Miss Betty Kapuscinski, of West Seneca (Buffalo) New York, Domestic
Exchange student at,Temple City High School, presented a plaque to Mayor
Gilbertson on behalf of her home city. Miss Kapuscinski, who is staying
with the family of Mr. Lawrence Stewart, 8718 Burghardt Road, San Gabriel,
spoke to the Council with respect to her personal interests and some
general comments about West Seneca.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. ALLEY ASSESSMENT (South of Broadway,
Sultana to Loma, pursuant to Chapter 27, Streets and Highways Code)
City Manager Koski presented background information, stating City
Council, at their regular meeting of May 6, 1975, set a public
hearing on the assessment for the alley improvements in the alley
south of Broadway, Sultana Avenue to Loma Avenue; the total cost
of construction was $12,601.06 with City's share being $4,542.79
from Gas Tax Fund.
Mayor Gilbertson opened public hearing and invited anyone wishing
to speak to the matter to come forward. There being no one come
forward to speak, Councilman Merritt moved to close public hearing,
seconded by Councilman Greenberg and carried.
Councilman Merritt moved to approve the assessmen.ts_..as set forth
in memo dated May 14, 1975 and on'file in the_City Clerk's office,,
and direct the properties to be so assessed, seconded by Councilman
Greenberg and carried.
Council Minutes, May 20, 1975 - Page 2
7. ORDINANCE NO. 75- 400 -A: 2nd read. RE: SUBDIVISION MAP ACT
City Attorney Martin advised that City Council, at their regular
meeting held May 6, 1975, adopted Ordinance No. 75 -400 as an
urgency ordinance and held first reading of Ordinance No. 75 -400 -A
relating to Subdivision Map Act, and referred to Planning Commission
for their review and recommendations prior to final reading. Plan-
ning Commission considered the matter at their regular meeting held
May 13, 1975, and requested a provision be made to allow staff to
waive requirements for subdivision or parcel map in some circumstances.
It would be his recommendation to continue this matter to the regular
meeting of the City Council to be held on June 3, 1975, to allow
City Attorney to redraft Ordinance No. 75 -400 -A to allow City to
waive subdivision or parcel map requirements in some circumstances
to be brought back for first reading.
Councilman Merritt moved to continue to June 3, 1975, seconded by
Councilman Dennis and carried.
8. ORDINANCE NO. 75 -402: 2nd 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 second reading by title only. Councilman
Greenberg moved to waive further reading and adopt, seconded by
Councilman Dennis and carried.
9 REQUEST FOR ENCROACHMENT PERMIT - 10640 E. Hallwood Drive
City Manager Koski presented background information stating the
City Council at their regular meeting held May 6, 1975, held over
consideration of an encroachment permit for a chain link fence at
subject property because of the absence of the applicant. It has
been City policy not to approve encroachment permits unless a
hardship or unique conditions exist, and City Attorney's opinion
that requests such as this opens the City to increased liability
as a result of the encroachment into the public right of way.
Mrs. Don Meller, 10640 E. Hallwood, stated the
was installed to replace a wooden fence at the
which leaves two feet for pedestrians to walk,
to get in and out of .their car; they feel this
to having ivy or some other growth which would
etc. Their front yard is 24. feet in depth and
they would only have 20 feet of yard for their
chain link fence
same set back,
or for motorists
is far superior
attract rats, debris,
without the permit
children to play.
Mr. Don Meller joined his wife at the podium and in answer to
question regarding: the size of their back yard, stated it is com-
parable in size to the front.
Councilman Tyrell stated he does not feel the applicant has met
the criteria for granting an encroachment permit, advising Mr.
Meller he would have to show hardship or unique conditions before
it would be proper for. Council to grant his request.
Councilman Dennis stated he felt if Council allowed an encroachment .
of this type, the City would be opening the door 'for further
encroachment by others in the community.
Councilman Greenberg stated there does not appear to be any hard-
ship or unique conditions in this case.
Councilman Merritt expressed concern that granting the encroachment
permit would be setting a precedent.
Council Minutes, May 20, 1975 - Page 3
Mr. Meller asked if it would be possible to hold this matter over
to the next meeting of the City Council and requested the City
Council listen to the Planning Commission tapes.
Councilman Tyrell moved to continue the matter to the June 3, 1975
meeting of the City Council to allow Mr. Meller every opportunity
to show that a hardship or unique situation exists, seconded by
Councilman Greenberg and carried.
NEW BUSINESS:
1
III12. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of May 13, 1975
A. AMENDMENT TO TEMPLE CITY MUNICIPAL CODE RELATING TO ABATEMENT
OF VEHICLES AS PUBLIC NUISANCE
10. LAW ENFORCEMENT SERVICES AGREEMENT WITH COUNTY OF LOS ANGELES
(Renewal for 5 -year period)
City Manager Koski presented background information, stating the
subject agreement provides that the Los Angeles County Sheriff's
Department will provide law enforcement services to the City of
Temple City for a period of five years; agreement can be terminated
by the City upon. 60 days notice prior to July 1 of each year. In
addition to the rates in the basic document for the level of service
Council authorized in the 1974 -75 budget, an additional $41,500 is
being budgeted as a contingency in anticipation of a proposed salary
increase granted to the Sheriff's Department; additional services
for business license enforcement and traffic control are identified
in Resolution No. 75 -1456 which must accompany the law enforcement
services agreement. The only change in the proposed document is a
provision for monthly billing, with penalty attached if payment is
not rendered within 20 days, whereas the present agreement provides
for quarterly billing.
Mayor Gilbertson advised he had talked with Chapman Bone in the Chief
Administrator's Office, and understands the reason for the change in
billing is because the County is under litigation by the City of
Los Angeles for certain actions which they contend are giving benefit
to contracting cities.
Councilman Merritt moved to adopt Resolution No. 75 -1455 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXECUTION
OF NEW CONTRACT WITH THE COUNTY OF LOS ANGELES FOR LAW ENFORCEMENT
SERVICES OF THE SHERIFF OF LOS ANGELES COUNTY, seconded by Councilman
Dennis and carried..
Councilman Merritt moved to adopt Resolution No. 75 -1456 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING ADDITIONAL
LAW ENFORCEMENT SERVICES WITHIN THE CITY OF TEMPLE CITY FROM THE LOS
ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE LAW ENFORCEMENT SERVICES
AGREEMENT, seconded by Councilman Dennis and carried.
11. RENEWAL OF AGREEMENT: GASOLINE PURCHASE - County of Los Angeles
City Manager Koski advised the present contract between the City of
Temple City and the County of Los Angeles to supply gasoline to the
City expires June 30, 1975; the County Fire Department has submitted
a new agreement effective July 1, 1975.
Councilman Dennis moved to approve the agreement and authorize the
Mayor and City Clerk to sign, seconded by Councilman Greenberg and
carried.
City Manager Koski presented background information stating the
Planning Commission, at their regular meeting held May 13, 1975, held
Council Minutes, May 20, 1975 - Page 4
public hearing and adopted Resolution No. 75 -621PC recommending
adoption of ordinance relating to abatement of vehicle as public
nuisance.
Councilman Greenberg moved to set public hearing June 3, 1975,
seconded by Councilman Merritt and carried.
B. PROPERTY NUISANCE CASE NO. 75 -28 - 5329 Santa Anita Avenue
City'Manager. Koski presented background information stating the
Planning Commission, at their regular meeting of April 29, 1975 held
public hearing to determine the existence of a public nuisance on
subject property_ and adopted Resolution No. 75 -618PC recommending
abatement; no appeal has been filed, and recent investigation reveals
owner has made some attempt to comply.
Mr. John Provines, 1800 Grace, Arcadia, owner of the property, stated
the problem has been with the recent rezoning and his obtaining the
necessary financing to begin demolition, and stated that 30 days in
which to abate is not sufficient.
It was Council opinion that a property owner has the responsibility
to maintain the property regardless of his intention to demolish and
that 30 days in which to abate is a reasonable time.
Councilman Tyrell moved to adopt Resolution No. 75 -1457 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.
C. TENTATIVE TRACT NO. 29021 - 5548 N. Welland Avenue
City Manager. Koski presented background information stating the
Planning Commission, at their regular meeting held May 13, 1975,
certified the Environmental Impact Report and recommended approval
on Tentative Tract No. 29021.' The proposed subdivision would consist
of a 9 -unit condominium, each unit to have two stories in height,
parking spaces would be provided as required by the zoning regulations.
Subject property is located in an R -3, Heavy Multiple residential zone,
General Plan designates the area as Low Medium__Derisity (7 -12 units
per acre).
Planning Director Dragicevich gave factual data stating the project
which consists of 9 units, all having three bedrooms, all of the
units are two story with a maximum height of 24 feet, each unit is
provided with a 222.sq. ft. private patio, two covered parking spaces
are provided for each unit, and there are 4 open guest parking spaces,
total lot coverage is-37% of the entire development, 27 ft. wide
common driveway provides entrance. Mr. Dragicevich gave zoning history
which currently is R -3, Heavy Multiple residential; the General Plan
depicts subject area as "Low Medium Density" and the proposed density
in this subdivision is 15.9 units per acre, average density in the
neighborhood is 11.2 units per acre.
Councilman Merritt moved that the draft Environmental Impact Report
be amended to include the comments of those testifying at the public
hearing by incorporating a copy of the minutes in the report; that
the City Council certify the Environmental Impact Report has been
completed in conformance with the California Environmental Quality
Act and the state guidelines and that City Council has reviewed and
considered the information contained in the report; and that any
adverse environmental impact contained in the report is overruled and
counterbalanced by economic and social needs, objectives and concerns
in providing this community with private or public improvements of
municipal import as set forth in the findings in the minutes, seconded
by Councilman Greenberg and carried.
Council Minutes, May 20, 1975 - Page 5
Councilman Merritt moved to find the Tentative Tract conforms with
r..he General Plan for the area, seconded by Councilman Dennis and
carried
Councilman Greenberg moved to concur with Planning Coiiiuiission
Resolution and approve Tentative Tract No, 29021, seconded by
Councilman Merritt and carried.
13. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of May 7, 1975
A. SET PUBLIC HEARING: ADOPTION OF A RESOLUTION RE: ENFORCEMENT
OF VEHICLE CODE REGULATIONS - PRIVATE PARKING FACILITIES
City Manager Koski advised the Traffic Commission, at their regular
meeting held May 7., 1975 recommended to City Council enactment of
an ordinance making specified sections of the Vehicle Code applicable
upon private commercial parking facilities if the owners or operators
of such facilities erect signs meeting specified requirements, which
was brought about by the Commission's concern about vehicles parking
in fire lanes .in.front of stores in a local shopping center,
Councilman Greenberg moved to set public hearing June 3, 1975, and
instruct the City Attorney to prepare the appropriate ordinance,
seconded by Councilman Merritt and carried.
B. LOWER AZUSA ROAD: TEMPLE CITY BLVD, TO SOUTHERN PACIFIC RAILROAD
SPEED LIMIT CHANGE
City Manager Koski advised Traffic Commission had reviewed Traffic
Engineer's report. recommending changing speed limit from 35 mph to
40 mph on Lower Azusa Road from Temple City Blvd. to Southern
Pacific Railroad following the widening of this portion of the
roadway to 64'; recent action by the Alhambra Municipal Court dis-
qualified citations issued on Lower Azusa Road,.between Temple City
Blvd. and the SPRR, precluding the use of radar on subject section.
It is Traffic Commission's recommendation that the speed limit be
changed from 35,mph to 40 mph and the revised traffic engineering
survey be filed 'with the Alhambra Municipal Court.
Traffic Engineer Envall stated that traffic survey reveals that
40 mph would be a more 'reasonable and prudent speed commensurate
with the road width and the basic frontage development, that since
this item was .discussed at the City Council meeting held December 17,
1974 the City of Rosemead has approved an increase in the speed limit
from Rosemead Boulevard to Southern Pacific Railroad and the place-
ment of "Dip" signs at approaches to the intersection of Encinita
Avenue.
Mr. Ken Anders, Ryland Avenue, stated Section 40802(b) of the
Ve i.c e Co e states that use of radar is predicated on the fact
there is 'an actual speed survey, and in his opinion the Sheriff's
Department is.wasting time citing when they know the evidence is
inadmissible.
Councilman Merritt moved to approve change of speed limit from
35 mph to 40 mph'on Lower Azusa Road from Temple City Boulevard .
to Southern Pacific Railroad and direct the revised traffic engine-
ering survey be filed with the Alhambra Municipal Court, seconded
by Councilman Dennis and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Dennis, Greenberg, Merritt
NOES: Councilmen- Tyrell, Gilbertson
Council Minutes, May 20, 1975 - Page 6
C. TEMPLE CITY BLVD. AT LEMON AVENUE, LONGDEN AVENUE, AND OLIVE STREET
LEFT TURN POCKETS
Council received recommendation from Traffic Commission that the
three subject intersections warrant left turn pockets in order to
provide optimum safety and to help reduce the number of left turn
related accidents occurring at these intersections; however,
because the residents who would be affected by on- street parking
restrictions had not been notified the matter was being considered
Council felt the matter should be continued to June 3,1975 to allow
for notification.
O
Councilman Dennis moved to continue consideration of installation
of left turn pockets on Temple City Boulevard at the intersections
of Lemon Avenue, Longden Avenue, and Olive Street to June 3, 1975,
seconded by Councilman Greenberg and carried.
D. TEMPLE CITY BLVD. AT WOODRUFF AVENUE AND AT WORKMAN AVENUE -
REQUEST FOR TRAFFIC SIGNALS
City Council received and filed memo from Traffic Commission that
no further action be taken on the result of traffic engineering
studies for the signalization of the intersections of Temple City
Blvd. at Woodruff Avenue and at Workman Avenue.
14. RESOLUTION NO. 75 -1458: WARRANTS & DEMANDS, DEMAND NOS. 2034 thru
2124 in the amount of $83,808.45
Councilman Merritt moved to adopt Resolution No. 75 -1458 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $83,808.45, DEMAND NOS. 2034 THRU 2124,
seconded by Councilman Dennis and carried.
15. COMMUNICATIONS:
1
A. Petition re: Barbed Wire Fencing at Overland Nursery -
9809 Lower Azusa Road
City Manager Koski presented a petition from residents adjacent
to Overland Nursery, protesting recently installed barbed wire,
and stating the City has no provision to issue a permit for the
installation of barbed wire and electrically charged fences, the
matterr is being brought to City Council attention to consider
a policy for processing such permits, suggesting three alternatives;
1) instruct staff to prepare permit process whereby applications
would go to the Planning Commission; 2) not to allow either type
of fence in residential areas, but possibly in commercial and
industrial areas; and 3) prohibit this type of fencing. Staff
would recoiluuend the second alternative.
Mrs. Elizabeth. Shelby, 4829 N. Agnes, stated the recently installed
fence is of barbed wire, 4 feet straight up and then angled. The
residents are requesting a height of at least 6 feet and then barbed
wire on top of that.
Mrs. Carol Daugherty, 4837 Agnes, stated there are 10 children in
the immediate vicinity who could easily fall into the fence, either
from bicycles or whatever.
Councilman Tyrell felt that the nursery had some basis for installing
the fence to protect his property; however, he felt the use of barbed
wire should begin at approximately 51/2 feet.
It was the consensus of the Council that barbed wire should start
at not less than 52 feet above ground. Staff was instructed to
prepare a report outlining recommended permit procedures, safety
Council Minutes, May 20, 1975 - Page 7
standards and -any other relevent data,.including any revisions
to the Municipal Code that may be required in order to adequately
process requests for installation and maintenance of barbed wire
and electrically charged fences.
16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Dr. Alan Rice, Superintendent, Temple City Unified School District
presented an overview of the Revenue Limit Increase Election.being
conducted by the Temple City Unified School Board, presenting
factual data with respect to the reasons it is necessary to ask
the District. for tax increase.
RECESS TO CRA:
The City Council recessed at 9 :33 p.m. to meet as the Community Redevelop-
ment- Agency, all members being present, approved the minutes of the regular
meeting held May 6, 1975, adopted resolution approving warrants and demands,
adopted resolution approving Commission Agreement between Agency and
Coldwell Banker, and authorized payment to Pacific Telephone for relocation
and rerouting of facilities. The minutes are set forth in full in the
minutes of the Agency.
RECONVENE AS CITY COUNCIL:
17. ACTION ON REQUEST BY CRA:
A. Request for Advance of Funds
Councilman Dennis moved to approve an advance of additional funds
in the amount of $105,703.95 as a loan to the Community Redevelop-
ment Agency and amend the agreement with the Agency accordingly,
seconded by Mayor Gilbertson and carried.
1 18, MATTERS FROM CITY OFFICIALS:
•
A. Councilman Tyrell expressed concern regarding statement made
by Sheriff Pitchess about handguns, stating he feels it is the
right of citizens to maintain for their protection, if necessary,
or for their pleasure, if that is their desire, handguns in their
homes and under certain circumstances on their person. Councilman
` Tyrell further stated he subscribes heartily to Chief Ed Davis'
position in this matter; that guns are used in only 3% of all
criminal offenses, and one -third of all murders committed are
committed with knives. Councilman Tyrell further stated he feels
the Sheriff, as an employee of all contract cities, and indeed of
all the citizens in Los Angeles County, does not have the right to
make these kinds of statements as an agent of his department.
B. Councilman Greenberg directed Council's attention to a recent
letter from Southern California Association. of Governments in-
dicating their support of legislation mandating participation by
local agencies, but establishing no taxing authority and assess-
ment to be on a voluntary basis, and seeking the City's support of
this legislation.
C.. Councilman Merritt expressed his support of the position taken
by Councilman Tyrell with respect to handguns and added his support
of the position taken by Chief Ed Davis, adding that the second
amendment to the Constitution was not written just for a National
Guard Unit.
Councilman Merritt also directed Council's attention to an article
in the Pasadena Star News, May 16 issue, regarding the' many
thousands of dollars of Unicef money sent to Communist countries.
D. Mayor Gilbertson directed Council's attention to a coordinating
committee which was established consisting of representatives of
1
Council Minutes, May 20, 1975 - Page 8
City Council, Parks and Recreation Commission, City staff, and
representatives of various groups currently utilizing park facilities,
for the purpose of planning the most effective utilization of re-
sources, including manpower and funding in order to accomplish all
the desired improvements pursuant to the approved Live Oak Park
Development Plan. Councilman Dennis volunteered to serve on the
coordinating committee at which time Mayor Gilbertson moved
Councilman Dennis be appointed, seconded and carried.
E. Mayor Gilbertson briefly reported on his trip to Magdelena
de Kino, which he felt was a valid and worthwhile trip for the
city officials, noting the contributions made by Father Kino to
both nations, as well as the special bond between the two cities.
Mayor Gilbertson added there is a great deal of interest in base-
ball and discussions have ensued with regard to an exchange between
our City and Magdelena de Kino.
19 ADJOURNMENT:
On motion by Councilman Greenberg, seconded by Councilman Merritt,
City Council adjourned at 10 :03 p.m. Next regular meeting of the
City Council will be held Tuesday, June 3,1975, 7:30 p.m. in
the Council Chamber of the City Hall.
ATTEST:
Chief Deputy City Clerk