HomeMy Public PortalAboutCity Council_Minutes_1975-09-16_Regular 1975CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
September 16, 1975
INITIATION:
1. Mayor Gilbertson called the regular meeting of the City Council
to order at 7:36 p.m. on Tuesday, September 16, 1975 in the
Council Chamber of the City Hall.
2. The invocation was given by Reverend Ted Hartman, 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, Gilbertson
Absent: Councilmen - Tyrell
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Biel, Assistant Planner Richards
Councilman Merritt moved to excuse Councilman Tyrell for cause,
seconded by Councilman Greenberg and carried.
5. APPROVAL OF MINUTES:
Councilman Greenberg moved to approve the minutes of the regular
meeting of the City Council held Tuesday, September 2, 1975, as
written, seconded by Councilman Greenberg and carried.
PRESENTATION:
Mayor Gilbertson received, on behalf of the City, an achievement award
for pedestrian safety from Mr. Norman Hubbard, Automobile Club of
Southern California.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: MINIMUM LOT WIDTHS IN COMMERCIAL ZONES
City Manager Koski presented background information, stating the
City Council, at their regular meeting held July 1, 1975, adopted
Urgency Ordinance No. 75 -406 relating to minimum lot widths in
commercial zones; pursuant to Section 65854 of the Government Code
the Planning Commission held public hearing at their regular meeting
of August 26, 1975, and adopted Resolution No. 75 -646PC concurring
with Urgency Ordinance No. 75 -406; City Council, at their regular
meeting of September 2, 1975 set public hearing for September 16,1975.
Mayor Gilbertson declared the public hearing open. Councilman Dennis
moved to make the Planning Commission minutes a part of the record,
seconded by Councilman Merritt and carried. There being no one come
forward to speak to the subject, Councilman Greenberg moved to close
the public hearing, seconded by Councilman Merritt and carried.
Councilman Greenberg moved to certify the negative declaration
Environmental Impact Report, seconded by Councilman Merritt and
carried.
City Attorney Martin introduced Ordinance No. 75 -420 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9391 (B) AND 9401 (B)
OF THE TEMPLE CITY ZONING CODE RELATING TO MINIMUM LOT WIDTHS IN
THE COMMERCIAL ZONES for first reading by title only. Councilman
Dennis moved to waive further reading, seconded by Councilman
Merritt and carried.
Council Minutes, September 16, 1975 - Page 2
7. PUBLIC HEARING: PROPOSED AMENDMENT TO MUNICIPAL CODE RE: EXPANSION
OF C -1, RETAIL COMMERCIAL USES
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting of August 26, 1975,
held public hearing and adopted Resolution No. 75 -645PC recommending
amendment to the Municipal Code relating to additions to the C -1,
Retail Commercial Uses covering two categories, retail sales and
service establishments; City Council, at their regular meeting of
September 2, 1975 set public hearing September 16, 1975.
Mayor Gilbertson declared the public hearing open. Councilman Dennis
moved to include the Planning Commission minutes as a part of the
record, seconded by Councilman Merritt and carried.
In answer to Councils question regarding existing service establish-
ments occupying more than 1,000 sq. ft. of floor area, City Manager
Koski advised the proposal before Council is subject to modification,
however it does reflect considerable effort on the part of the Chamber
of Commerce and the Planning Commission to include retail and service
establishments that could become part of the C -1 zone without jeo-
pardizing the purpose of creating this zone; that those service
establishments which already exist would primarily be limited to
maintenance and upkeep of their facility and could not expand their
square footage beyond 1,000 sq. ft.
Harlos Gross, President, Chamber of Commerce, stated the Chamber
did a thorough study on C -1 uses, acknowledging they may have to come
back with some recommendations for change sometime in the future, but
feels this is a step in the right direction.
Mr. Murray tone, 10134 Green Street, stated he is aware of the
number of -hours spent by the Chamber of Commerce and Planning Com-
mission studying the C -1 zone and he feels their recommendations
will help in reducing the large number of current vacancies in the
downtown section of Temple City,
There being no one else to speak to the subject, Councilman Merritt
moved to close the public hearing, seconded by Councilman Greenberg
and carried.
Councilman Greenberg moved to certify the negative declaration
Environmental Impact Report, seconded by Councilman Dennis and carried.
City Attorney Martin introduced Ordinance No. 75 -418 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING SECTION 9399.1 OF THE TEMPLE CITY
MUNICIPAL CODE RELATING TO PERMITTED USES IN THE C -1 ZONE for first
reading by title only. Councilman Merritt moved to waive further
reading, seconded by Councilman Greenberg and carried.
8 PUBLIC HEARING: ZONE CHANGE FROM R -3 TO R -2 IN ZONE CHANGE CASE
75 -453 - 5221 -23 -31 Sereno Drive
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting of July 8, 1975,
approved Final Parcel Map No. 553 creating two parcels having two
zone designations on one of the parcels at subject location. The
property consists of two rectangular parcels fronting on Sereno
Drive, part of which is zoned R -3, Heavy Multiple Residential, the
remainder zoned R -2, Light Multiple Residential. Planning Commission,
at their regular meeting of August 26, 1975 held public hearing and
adopted Resolution No. 75 -644PC recommending a change of zone from
R -3 to R -2 for subject area; City Council, at their meeting of
September 2, 1975 set public hearing for September 16, 1975.
Mayor Gilbertson declared the public hearing open. Councilman
Greenberg moved to make the Planning Commission minutes a part of
the record, seconded by Councilman Dennis and carried. There being
Council Minutes, September 16, 1975 - Page 3
no come come forward to speak to the subject, Councilman Dennis
moved to close the public hearing, seconded by Councilman Greenberg
and carried.
Councilman Greenberg moved to certify the negative declaration
Environmental Impact Report, seconded by Councilman Dennis and carried.
City Attorney Martin introduced Ordinance No. 75 -419 AN ORDINANCE OF
THE CITY OF TEMPLE CITY APPROVING A CHANGE OF ZONE IN ONE ZONE CHANGE
CASE NO. 75 -453 AND AMENDING THE ZONING MAP OF THE CITY IN CONFORMITY
THEREWITH for first reading by title only. Councilman Merritt moved
to waive further reading, seconded by Councilman Dennis and carried.
9. PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS - GOLDEN WEST
AVENUE ET AL
City Manager Koski presented background information, stating the City
Council, at their regular meeting of August 19, 1975 accepted the
work completed and approved and authorized additional work under
Cash Contract No. 8876X, Golden West Avenue et al and set public
hearing on the assessments for September 16, 1975 pursuant to
Chapter 27, Streets and Highways Act.
Mayor Gilbertson declared the public hearing open and invited anyone
wishing to speak in favor of, or in opposition to assessments, Golden
West Avenue, west side, Lemon to Val to come forward.
Mr. Bob Taylor, 6421 N, Golden West Avenue, questioned why Council
awarded bid to contractor who had bid $5.50 for curb and gutter,
when another bidder had bid $4.15 per lineal foot. His concern was
that even though the contract was awarded on the overall lowest bid,
that portion that property owners were responsible for was higher
than the bid awarded.
Mr. Thomas Danna, 6435 Golden West Avenue, expressed his concern also
that under Council's policy of awarding bids, the cost to property
owners was greater than if the bid were let to the lowest bidder on
curb and gutter.
Nick Milfeld, 6443 Golden West Avenue, inquired if property owners
could have an opportunity to petition for curbs and gutters again
after bids have been accepted in order that they may have a better
idea of the costs involved,
Mayor Gilbertson declared the public hearing open for those wishing
to speak in favor of, or in opposition to assessments,. Golden West
Avenue, east side, Val Street to 150' northerly.
Mr. Harlos Gross, 6424 N. Golden West Avenue, stated he was pleased
with the work accomplished on his block.
Mayor Gilbertson declared the public hearing open for those wishing
to speak in favor of, or in opposition to assessment, Oak Avenue,
west side, Lemon to Emperor Avenue. No one came forward to speak.
Mayor Gilbertson declared the public hearing open for those wishing
to speak in favor of, or in opposition to assessments, Nadine Street,
both sides, Temple City Boulevard to westerly project limits. No
one came forward to speak.
City Manager Koski presented letter from property owner at 9223 Lemon
Street requesting some type of progressive payment, stating that
this is a hardship situation.
There being no one else come forward to speak, Councilman Greenberg
moved to close public hearing, seconded by Councilman Dennis and
carried.
Council Minutes, September 16, 1975 - Page 4
Councilman Dennis questioned the City Attorney with regard to
holding a hearing following receipt of bids on public works
construction. City Attorney Martin advised the law obligates the
City to accept the lowest bid from a qualified bidder. In his
opinion, whenever a Chapter 27 bid exceeds the cost estimate by
20% there could be a second notification to property owners.
City Attorney Martin also advised Council their motion should in-
clude a finding of a hardship case and instruct staff to advise the
property owner with regard to progress payment.
Councilman Greenberg moved to approve the assessments for Cash
Contract No. 8876X, Golden West Avenue et al and direct the properties
to be so assessed, and to find the property owner located at 9223 Lemon
Street a hardship case and instruct staff to advise the property owner
with regard to progress payment arrangements, seconded by Councilman
Merritt and carried.
10. ORDINANCE NO. 75 -417: 2nd read. APPROVING A CHANGE OF ZONE FROM
R -1 TO 0 -S IN ZONE CHANGE CASE 75 -454
City Attorney Martin presented Ordinance No. 75 -417 AN ORDINANCE OF
THE CITY OF TEMPLE CITY APPROVING A CHANGE OF ZONE IN ZONE CHANGE
CASE NO. 75 -454 AND AMENDING THE ZONING MAP OF THE CITY IN CONFORMITY
THEREWITH for second reading by title only. Councilman Merritt moved
to waive further reading and adopt, seconded by Councilman Greenberg
and carried,
11. ACCEPTANCE OF WORK CASH CONTRACT 75 -2 - CONSTRUCTION OF SANITARY
SEWERS
City Manager Koski presented background information, stating at
their regular meeting of July 15, 1975, City Council awarded
Mitrovich Contractors a contract to construct a mainline sanitary
sewer to serve the Sheriff's Station, which was necessary because
of the abandonment of sewers in Live Oak Avenue; contractor com-
pleted the work August 15, 1975 and County Engineer has recommended
acceptance.
Councilman Merritt moved to approve the work and accept the sewer
for public use, authorize payment in the amount of $4,793, authorize
filing of Notice of Completion and release of the 10% retention in
the amount of $479 at the end of the 35 -day lien period, seconded
by Councilman Greenberg and carried,
NEW BUSINESS:
12, RECOMMENDATION FROM PLANNING COMMISSION - Meeting of September 9, 1975
AMENDMENT TO TEMPLE CITY MUNICIPAL CODE, SECTION 8115
City Manager Koski advised that because of ,a request to install
barbed wire within an R -zone, City Council and Planning Commission
requested staff to prepare a report outlining a recommended pro -
cedure, safety standard or any revision to the Municipal Code that
may be required for the purpose of processing requests for installation
of barbed wire or electrically charged fences, Planning Commission,
at a study session held September 9, 1975, reviewed a staff survey
of seven cities and a recommendation concerning the criteria for
installation of barbed wire and made recommendations as set forth in
memo dated September 11, 1975 and on file in the City Clerk's office.
Following brief discussion with regard to barbed wire being permitted
on R -zoned property, Councilman Dennis moved to accept recommendation
No. 1, delete recommendation No. 2, and amend recommendation No. 3
to permit barbed wire in any zone with the condition as set forth
in recommendation memo dated September 11, 1975, seconded by Council-
man Greenberg and carried.
City Attorney Martin introduced Ordinance No. 75 -421 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING SECTION 8115 OF THE TEMPLE CITY
Council Minutes, September 16, 1975 - Page 5
MUNICIPAL CODE RELATING TO PERIMETER FENCES for first reading by
title only. Councilman Dennis moved to waive further reading,
seconded by Councilman Greenberg and carried.
13. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of September 3, 1975
MODIFICATION OF WORDING - TRAFFIC REGULATIONS, CHAPTER 3, DIVISION 3,
CODIFICATION OF MUNICIPAL CODE
City Manager Koski presented background information, stating the
Traffic Collunission, in reviewing the codified Municipal Code on
Traffic Regulations, felt that certain changes in the wording were
warranted with regard to requests for all -night parking permits for
vehicles whose size, both width and weight, creates a safety hazard
to pedestrians and motorists, and recommended that Section 3324,
Traffic Commission Determination, should be amended to include
"passenger " vehicle and the permissive "may" instead of shall.
Following a brief discussion and a check of Section 465 of the
Vehicle Code which defines "passenger vehicle", Councilman Greenberg
moved to delete the word "passenger" and approve Traffic Commission
recommendation to change the wording "shall " to "may", seconded by
Councilman Dennis and carried.
14. RESOLUTION NO. 75 -1484: ADOPTION OF 1974 & 1975 SUPPLEMENTS TO
UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION,
1973 EDITION
City Manager Koski advised the County Superintendent of Streets
and the City Engineer have requested City Council adopt the 1975
Supplement in order to conform with the latest requirements of
CAL /OSHA and the construction specifications to meet current
engineering and construction practices for public works construction
within the City. The 1974 Supplement are also requested to be
adopted as a part of the Standard Specifications covering all future
public works construction within the City.
Councilman Greenberg moved to adopt Resolution No. 1484 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING 1974 AND 1975
SUPPLEMENTS TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, 1973 EDITION, seconded by Councilman Merritt and
carried.
15. RESOLUTION NO, 75 -1485: REQUEST FOR ALLOCATION OF COUNTY AID -TO-
CITIES FUNDS FOR MAINTENANCE OF SELECT SYSTEM STREETS
City Manager Koski advised that the County of Los Angeles has
appropriated funds for maintenance of the City's approved Select
System Streets in the amount of $39,931. Councilman Dennis moved
to adopt Resolution No. 75 -1485 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION AND
PAYMENT OF COUNTY AID -TO- CITIES FUNDS FOR THE MAINTENANCE OF SELECT
SYSTEM STREETS, seconded by Councilman Merritt and carried.
16. AUTHORIZATION TO SOLICIT BIDS - DEMOLITION CONTRACT FOR PROPERTIES
ADJACENT TO LIVE OAK PARK
City Manager Koski advised the purchasers of the 7 houses adjacent
to Live Oak Park are approaching completion of relocation of the
structures and staff requests authorization to solicit bids for
demolition and site clearance at 5601 -03 Gracewood and 10202 -27 Daines
Drive.
Councilman Merritt moved to authorize staff to solicit bids for
demolition and site clearance of subject properties, seconded by
Councilman Dennis and carried.
Council Minutes, September 16, 1975 - Page 6
17. RESOLUTION NO. 75 -1486: WARRANTS & DEMANDS, Demand Nos. 2791 thru
2862 in the amount of $65,188.81.
Councilman Merritt moved to adopt Resolution No. 75 -1486 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $65,188.81, DEMAND NOS, 2791 THRU 2862, seconded
by Councilman Dennis and carried, Councilman Greenberg abstaining.
18. COMMUNICATIONS:
A. Temple City Host Lions - Request for White Cane Days,
October 3 & 4, 1975
City Manager Koski presented a request from the Host Lion's Club
to place a banner across Lass Tunas Drive and Temple City Boulevard,
September 29 to October 6, 1975. Councilman Merritt moved to approve
request, subject to the required certificate of insurance, seconded
by Councilman Greenberg and carried.
19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Boyce O'Bannon, 10316 Olive Street, stated that a number of Temple
City residents have processed tax assessment appeals; that as President
of the Concerned Taxpayers of San Gabriel Valley he had attended a
meeting of concerned citizens in San Marino, Mr. O'Bannon also
complained about aircraft noise emanating from the El Monte Airport.
RECESS TO CRA:
The City Council recessed at 9:15 p.m. to meet as the Community Redevelop-
ment Agency, Mr. Tyrell being absent, approved the minutes of the regular
meeting of September 2, 1975, accepted work completed under Demolition
Contract #2, authorized staff to solicit bids for demolition contract #3
IIIand approved warrant resolution. The minutes are set forth in full in the
minutes of the Agency.
RECONVENE AS CITY COUNCIL:
20. ACTION ON REQUEST BY CRA:
A, Request for Funds
Councilman Greenberg moved to approve an advance of additional funds
in the amount of $915.55 as a loan to the Agency and amend the agree-
ment with the Agency accordingly, seconded by Councilman Merritt and
carried,
21. MATTERS FROM CITY OFFICIALS:
A. Change of Holiday - Veteran's Day, November 11, 1975 to
Day following Thanksgiving
City Manager Koski advised during personnel budget deliberations,
City Council authorized administrative staff to change the
authorized Veterans Day holiday to a floating holiday; employees
were surveyed and all supported having the day after Thanksgiving
as a holiday rather than Veteran's Day, November 11.
Councilman Merritt moved to designate Friday, November 28, 1975
as a City holiday, seconded by Councilman Greenberg and carried
on a roll call vote:.
ROLL CALL:
AYES: Councilmen- Dennis, Greenberg, Merritt
NOES: Councilmen - Gilbertson
ABSENT: Councilmen - Tyrell
B. Remodeling of North Meeting Room
City Manager Koski advised the City has received four informal bids
to brick up the wall in the North Meeting Room to eliminate hazard
Council Minutes, September 16, 1975 - Page 7
of breakage of the existing window, Staff has contacted the
electrical engineer who designed the electrical system when City
Hall was built who will provide designs which will upgrade the
lighting in the North Meeting room at no cost to the City, work to
be accomplished by City staff,
Councilman Merritt moved to approve low bid of G. L. Kaplan
Construction Co. in the amount of $685 and amend the budget accordingly,
seconded by Councilman Greenberg and carried,
C. Solid Waste Management Plan
Councilman Greenberg moved to approve Preliminary Solid Waste
Management Plan for Los Angeles County prepared by the Los Angeles
County Solid Waste Management Committee, and direct staff to
communicate to City Engineer, seconded by Councilman Merritt and carried.
D. Professional Services Re: Development of Live Oak Park
City Manager Koski advised he and Councilman Dennis, Conullissioner
Seibert, and Director Kobett met with Mr, Ron Paige of Recreation
Systems, Inc. with regard to modification of agreement previously
approved by City Council and it is recommended Council authorize
additional services to provide the necessary specifications for the
ball diamond fencing and appurtenant improvements and to provide
design for lighting system for both ball diamonds and the athletic
field at an hourly rate not to exceed $3,000.
Councilman Dennis stated his committee has met with all civic groups
and the final recommendation of the committee is the alternative of
authorizing the scope of work on an hourly basis rather than on a
contract basis.
Councilman Greenberg moved to approve amendment to the agreement and
authorize additional services to include schematic drawing and
specifications for the installation of two back stops for two ball
diamonds at Live Oak Park, and design lighting system and equipment
list for two ball diamonds and athletic area, seconded by Councilman
Dennis and carried,
E. Councilman Dennis reported that Jay Price, Councilman from Bell
was elected to the RTD City Selection Committee at the last meeting
of the League of California Cities, Councilman Dennis reported the
League is also considering proposal for amendment to the constitution
to change General Membership meetings from three to two per year and
a change in the annual membership dues,
F. Council approved suggested revisions in program staffing patterns
as forth in memo from the Director of Parks and Recreation to
the City Manager dated August 29, 1975 to be implemented prior to
opening of the fall recreation program to begin September 29, 1975.
G, Corporation Quitclaim Deed - City of Temple City to Temple City
Conanunity Redevelopment Agency
City Manager Koski presented Quitclaim Deed from City of Temple City
to the Community Redevelopment Agency demising all mineral rights in
and around the real property described therein.
Councilman Merritt moved to approve the Quitclaim Deed and authorize
the City Manager to execute the appropriate document for recording
purposes, seconded by Mayor Gilbertson and carried.
H. Mayor Gilbertson directed Council's attention to the fact that
Councilman Tyrell won the Men's Singles and Mr. & Mrs. Tyrell won
the Mixed Doubles tennis tournament at the recent Independent Cities
Seminar held in Coronado.
1
Council Minutes, September 16, 1975 - Page 8
22. ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman Merritt,
Council adjourned at 9:38 p.m. to an Executive Session. Following
Community Redevelopment Agency Executive Session and City Council
Personnel Session, Council reconvened to adjourn to their next
regular meeting to be held Tuesday, October 7, 1975, 7:30 p.m. in
the Council Chamber of the City Hall.
ATTEST:
Ch° f Deputy City Clerk