HomeMy Public PortalAboutCity Council_Minutes_1976-01-06_Regular 1976CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
January 6, 1976
INITIATION:
I 1. Mayor Gilbertson called the regular meeting of the City Council to
order at 7:32 p.m. on Tuesday, January 6, 1976 in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend Bryan Cuthill, Church of the
Nazarene, 9953 Las Tunas Drive.
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
City Manager Biel, Planning Director Dragicevich,
Parks and Recreation Director Kobett
5. APPROVAL OF MINUTES:
Councilman Dennis moved to approve the minutes of the regular meeting
held December 16, 1975, as written, seconded by Councilman Merritt
and carried.
At this time, on behalf of the City Council, Mayor Gilbertson presented a
Itile plaque to Mr. Joseph Covell on the occasion of his retirement from
service with the County of Los Angeles as Senior Deputy for Supervisor
Schabarum in appreciation for his fine service rendered to the City of
Temple City and its residents since City's incorporation.
Mr. Covell thanked the members of City Council commending the City Council
for their innovative approach to local government and responsiveness to
the residents of the City.
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UNFINISHED BUSINESS:
6. ORDINANCE NO. 75 -427: 2nd read. ANNEXING CERTAIN TERRITORY TO THE
CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY
CityAttorney Martin presented Ordinance No. 75 -427 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION
AND DESIRE TO HAVE CERTAIN TERRITORY WITHIN ITS BOUNDARIES ANNEXED
TO THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY
for second reading by title only. Councilman Greenberg moved to
find no Environmental Impact and to waive further reading and adopt,
seconded by Councilman Dennis and carried.
7. ORDINANCE NO. 76 -428: 1st read. AMENDING TEMPLE CITY MUNICIPAL CODE
RELATING TO YARD SALES IN RESIDENTIAL ZONES
City Attorney Martin presented Ordinance No. 76 -428 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING PART D TO CHAPTER 2
OF ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE (AS RECODIFIED) RE-
LATING TO YARD SALES IN RESIDENTIAL ZONES for first reading.
Following brief discussion and changes in Section 4250 (3) and (6)
Councilman Tyrell moved,to waive further reading, seconded by Mayor
Gilbertson and carried.
Council Minutes - January 6, 1976- Page 2
8. PUBLIC HEARING: 7:30 p,m. AMENDMENT TO ZONING CODE RELATING TO
DEFINITIONS
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held December 9, 1975,
held public hearing and adopted Resolution No. 75 -664PC recommending
to the City Council certain amendments to the Zoning Code relating
to definitions because the present Zoning Code contains no definitions
or has inadequate explanations on the matter of kennels, restaurants,
and shopping centers. City Council, at their regular meeting of
December 16, 1975 set public hearing for January 6, 1976.
Mayor Gilbertson declared the public hearing open. Councilman Dennis
moved to include the minutes of the Planning Commission meeting of
December 9, 1975 a part of the record, seconded by Councilman Merritt
and carried,
Planning Director Dragicevich gave staff report, stating the Planning
Commission discussed the matter of kennels, restaurants and shopping
centers at study sessions and set public hearing at which time it was
the consensus of the Planning Commission to include definitions for
kennels, restaurants and shopping centers in the Zoning Code.
There being no one come forward to speak to the subject, Councilman
Tyrell moved to close the public hearing, seconded by Councilman
Greenberg and carried.
City Attorney Martin presented Ordinance No. 76 -429 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY
ZONING CODE RELATING TO DEFINITIONS for first reading by title only.
Councilman Merritt moved to waive further reading, seconded by
Councilman Greenberg and carried.
I 9. PUBLIC HEARING: 7:30 p.m. CHANGE OF ZONE FROM R -1 AND R -3 TO C -2 FOR
CERTAIN PROPERTIES IN PARCEL B, ROSEMEAD BLVD. REDEVELOPMENT PROJECT
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting of December 9, 1975, held
public hearing and adopted Resolution No. 75 -666PC recommending to the
City Council a change of zone in Zone Change Case 75 -457 for property
located in Parcel "B" of the Rosemead Boulevard Redevelopment Project
consisting of that portion of Live Oak Avenue and Wedgewood Avenue
which have been vacated and several parcels fronting on Wedgewood and
four parcels fronting on Broadway for the reason the proposed site
has adequate access and is otherwise suitable for commercial develop-
ment; the proposed zone change is compatible with existing development
in the vicinity; and the proposed zone change is compatible with the
General Plan of the City and the Redevelopment Plan as adopted by the
Community Redevelopment Agency. City Council, at their regular meeting
held December 16, 1975, set public hearing on this matter.
Mayor Gilbertson declared the public hearing open. Councilman Merritt
moved to include the minutes of the Planning Commission meeting of
December 9, 1975 a part of the record, seconded by Councilman Dennis
and carried.
Planning Director Dragicevich gave staff report, stating subject
changes included 6,86 acres of R -1 and R -3 zoned property; an Environ-
mental Impact Report relating to the proposed shopping center was
certified by the Community Redevelopment Agency on March 28, 1975 and
no significant changes have taken place since that date.
There being no one come forward to speak to the subject, Councilman
Tyrell moved to close the public hearing, seconded by Councilman
Greenberg and carried.
Councilman Dennis moved to certify the Environmental Impact Report
adopted March 28, 1975, seconded by Councilman Greenberg and carried.
Council Minutes, January 6, 1976 - Page 3
`City Attorney Martin presented Ordinance No. 76 -430 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A CHANGE OF
ZONE IN ZONE CHANGE CASE NO. 75 -457 for first reading by title only.
Councilman Merritt moved to waive further reading, seconded by
Councilman Dennis and carried.
10. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS - ENCINITA AVENUE, BROADWAY
TO LAS TUNAS DRIVE (Pursuant to Chapter 27, Streets and Highways Code)
City Manager Koski presented background information, stating the City
Council, at their regular meeting held December 16, 1975 set public
hearing on the proposed improvements of Encinita Avenue from Las Tunas
Drive to Broadway to include construction of curb, gutter and driveway
approaches with property owner participation; a negative declaration of
environmental impact has been prepared and posted pdrsuant to Environmental
Quality Act of 1970; included in the staff report is a summary which re-
flects the results of the petitions circulated, total percentage in favor
of the project being 54.53 %.
Mayor Gilbertson declared the public hearing open. Assistant City-Manager
Biel gave staff report, stating every property owner within the project
area was contacted; among those property owners who did not support the
project, many expressed concern about saving trees located in the park-
way or expressed financial considerations.
Mr. Lou Agri, 5723 Encinita, stated he is in 'favor of the project, and
expressed a desire to have the sidewalks placed next to the curb, also
requesting a radar sign be placed near Las Tunas'Drive for southbound
traffic. Mr. Agri also stated his belief that many of the trees on the
east side of Encinita are infested with termites.
Mr. John Seixas, 5710 Encinita, stated he is in favor of the project
and inquired as to the financial responsibility of relocating water
meters and the proposed schedule of commencement and completion of the
project.
Mr. Harold Halbe, 9202 Wedgewood, stated he withdrew his support of the
project in tat he feels the street needs repair, but not the extent of
work the proposed project entails which would be a financial hardship on
many of the property owners involved. He feels if the street is widened
it will encourage faster traffic.
Mr. Mike Guiterrez, 9200 Workman, expressed his concern for the safety
of small children because he feels that widening and improving the street
will create more vehicular traffic as well as higher speeds.
Mr. Charles Lindsey, 9205 Broadway, speaking for Mr. Zetlmaier, property
owner, expressed concern for financial reasons and inquired whether his
garage, which is very close to the public right -of -way would have to be
removed. Mr. Biel advised that they would probably lose parking space
on the driveway apron, but based upon estimates the garage would not
have to be moved.
Mrs. Corsini, 9169 Wedgewood, stated that according to the Assessor's
records she has title to an easement serving property owners to the
rear of her property and inquired whether there is any way those pro-
perty owners could be assessed a portion of the assessment.
There being no one else wishing to speak to the subject, Councilman
Merritt moved to close public hearing, seconded by Councilman Greenberg
and carried.
Councilman Dennis moved to certify the negative declaration of Environ-
mental Impact, seconded by Councilman Greenberg and carried.
Mayor Gilbertson stated that some of the assessments are quite substantial
and he felt that a maximum assessment figure should be established; that
Council Minutes, January 6, 1976 - Page 4
according to some tentative calculations based on a maximum of $500
the project could be accomplished with an additional cost to the
City of approximately $3,000.
Councilman Dennis stated a system of maximum assessments may not be
equitable since, in his opinion, a property owner with a smaller
assessment may well be unable to afford the cost as much as another
with a higher assessment. He personally feels the widening and im-
proving of the street would improve traffic conditions rather than
increase problems; however, he is concerned that 207 of the property
owners oppose the project for financial reasons.
Councilman Greenberg stated he has no doubt regarding the need for
the project and shares Council's concern for a possible financial
hardship, and suggested the matter be continued to allow staff to
investigate alternatives for financing.
Councilman Merritt stated that he feels the project is a necessary one
and expressed concern that a delay would result in a higher cost in
the future; however, Council should do whatever it can to relieve the
financial burden on the property owner.
Councilman Tyrell expressed a desire for alternative financing and
moved the matter be continued to January 20, 1976, at which time Council
can receive staff report on methods by which payments can be made on a
sliding scale over a period of time for hardship cases, seconded by
Councilman Dennis and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Dennis, Greenberg, Tyrell
NOES: Councilmen- Merritt, Gilbertson
11. ACCEPTANCE OF WORK: SLURRY SEAL PROJECT - FY 1975 -76,
MAINTENANCE AREA NO. 2B
City Manager Koski advised the slurry seal project performed by Chamber
Mix Concrete, Inc. on the streets in the area bounded by Live Oak,
Baldwin Avenue, Lower Azusa Road and Temple City Boulevard was completed
by December 18, 1975, the Los Angeles County Road Department has
inspected the work and recommend acceptance of the work.
Councilman Merritt moved to accept the work performed in accordance with
plans and specifications of the project, authorize payment in the amount
of $16,776.72, authorize filing of Notice of Completion and release of
10% retention in the amount of $1,864,08 at the end of the 35 -day lien
period, seconded by Councilman Greenberg and carried.
12. PROPERTY NUISANCE CASE NO. 75 -30: 6445 Temple City Boulevard
City Manager Koski presented background information, stating the Planning
Commission adopted resolution determining that a public nuisance exists .
on subject property;-City Council reviewed the case on November 4, 1975
and again on December 2, 1975, and in view of the fact that the property
owner ha'd done extensive rehabilitation to the property, continued the
matter to January 6, 1976. Staff conducted an on -site inspection of
the property and the one remaining project to complete is the exterior
stucco. Staff recommends Council terminate further proceedings relative
to this matter.
Councilman Tyrell moved to terminate further proceedings relating to the
public nuisance at 6445 Temple City Boulevard, seconded by Councilman
Merritt and carried.
13. PROPERTY NUISANCE CASE NO. 75 -33: 6117 Sultana Avenue
City Manager Koski presented background information, stating the
Planning Commission adopted resolution determining that a public nuisance
exists on subject property; City Council reviewed the matter at their
regular meeting held December 16, 1975 and continued the matter to
III NEW BUSINESS:
Council Minutes, January 6, 1976 - Page 5
January 6, 1976 instructing the City Attorney to prepare a resolution
in view of the fact the property owner has been slow in complying with
the Planning Commission resolution.
Councilman Greenberg moved to adopt Resolution No. 76 -1514 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 Merritt and carried.
14. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION -
REQUEST FROM AMERICAN LITTLE LEAGUE TO CONSTRUCT NEW SCOREBOARDS
City Manager Koski advised the Temple City American Little League has
requested permission to replace scoreboard which was damaged beyond
repair, with a metal, vandal resistant one that would be mounted on
top of the announcer's booth located behind the home plate on each
baseball diamond. Parks and Recreation Commission, at their regular
meeting held December 17, 1975 recommended to City Council the request
be approved.
Mr. John Alcantara, President of American Little League, directed
Council's attention to the drawings submitted, stating there will be
four electronic scoreboards, two mounted on each scoreboard at the
north and south diamonds.
Councilman Dennis moved to approve request of American Little League to
construct new scoreboards at Live Oak Park as indicated in the drawings
submitted, seconded by Councilman Greenberg and carried. Council ex-
pressed their appreciation to the American Little League for their
donation of time and materials for the scoreboards at Live Oak Park.
III 15. RESOLUTION NO. 76 -1515: APPROVING LOCAL AGENCY -STATE AGREEMENT FOR
FEDERAL -AID URBAN SYSTEM PROJECTS
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City Manager Koski advised that City Council, at their regular meeting
held November 19, 1974, adopted Resolution No. 74 -1409 approving the
federal aid urban committee established under the guidelines authorized
under the 1973 Federal Highways Act to represent local officials and
establish methods for distribution of some $34 million between the State
Department of Transportation and the County of Los Angeles and Cities
in Los Angeles County. The Department of Transportation has forwarded
a master agreement to insure the Agency particpating under FAU meet the
conditions set forth in the agreement, including acquisition of right -
of -way, match fundings, etc. and have requested Council adopt an
authorizing resolution.
Councilman Merritt moved to adopt Resolution No. 76 -1515 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND AUTHORIZING
THE EXECUTION OF LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID URBAN
SYSTEM PROJECTS (FAU), seconded by Councilman Dennis and carried.
16. COUNTY AID -TO- CITIES PROGRAM
City Manager Koski presented background information, stating the
County Road Commissioner has recommended to the Board of Supervisors
that Aid -To- Cities Program be terminated effective June 30, 1976.
This action would eliminate a program which provides for funds that
can be used for the maintenance and construction of the County's
Master Plan of Highways which are within the cities of Los Angeles
County. The League of California Cities has established a committee
to make recommendations to the Board of Directors for action at their
February meeting and has requested cities contact their respective
supervisor to request a delay in their decision until after the League
recommendation. Many surrounding cities have adopted resolutions urging
the Board of Supervisors to continue the present Aid -To- Cities Program.
Council Minutes, January 6, 1976 - Page 6
Councilman Greenberg moved to adopt Resolution. No. 76 -1517 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OPPOSING ELIMINATION OF
LOS ANGELES COUNTY'S AID -TO- CITIES GAS TAX PROGRAM and authorize the
Mayor to transmit Council's concern in the possible termination of
Aid -To- Cities to Supervisor Schabarum, seconded by Councilman Dennis and
carried.
17. RESOLUTION NO, 76 -1516: WARRANTS & DEMANDS, Demand Nos. 3392 thru
3477 in the amount of $72,107.36
Councilman Merritt moved to adopt Resolution No. 76 -1516 A RESOLUTION
OF THE CITY COUNCIL OF. THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $72;107036, DEMAND NOS. 3392 THRU 3477, seconded
by Councilman Greenberg and carried.
18. COMMUNICATIONS:
There were no communications.
19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr, Boyce. O'Bannon, 10316 Olive, stated he had heard Assessor Watson
on the radio present a tax initiative in which he proposed a 2% tax
limitation, a $20,000 home owner exemption, and an assessed valuation
of 20% of market value. The proposal, as written, is anticipated to
be available by January 21, 1976 at which time Mr, O'Bannon will
present a copy to City Council°
Mrs. Marianne Milch, Chamber of Commerce, stated that with the
cooperation of the City Council the Chamber has had a very productive
six months of the FY 1975 -76; advised the Legislative Committee Chair-
man is Bob Owens and invited Council participation in their meetings;
and advised the Chamber Social Mixer for members only will be held
January 7 at the Chamber office.
II/RECESS TO CRA:
The City Council recessed at 9:29 p.m, to meet as the Community Redevelopment
Agency, all members being present, approved the minutes of the adjourned
meeting held December 22, 1975; continued the Declaration of Establishment
of Easements and Covenants; adopted resolution approving warrants and demands;
approved First Amendment to the Option, Maintenance and Management Agreement,
Covenants; and authorized Executive Director to execute Grant of Easement to
Southern California Edison Company to construct and maintain utility systems
underground along the easterly perimeter adjacent to Rosemead Boulevard within
the Agency parking facility. The minutes are set forth in full in the minutes
of the Agency°
RECONVENE AS CITY COUNCIL:
20, ACTION ON REQUEST BY CRA:
There was no action to be taken.
21. MATTERS FROM CITY OFFICIALS:
A. California Contract Cities - Annual Legislative Conference,
January 21 and 22
Councilman Merritt moved to authorize the attendance of Councilmen
Gilbertson and Greenberg and City Manager Koski to the 8th Annual
California Contract Cities Legislative Conference to be held
January 21 and 22, 1976 in Sacramento, California and approve the
necessary expenditures, seconded by Councilman Dennis and carried.
Bo League of California Cities - Membership Dues
Councilman Merritt moved to approve the Annual service charge for
membership in League of California Cities in the amount of $2,318.00
1
Council Minutes, January 6, 1976 - Page 7
based on official population of 31,004, seconded by Councilman
Greenberg and carried.
C. Councilman Dennis directed Council's attention to recent staff
report on the matter of overweight vehicles parking on City streets
and private property in residential zoned areas.
Councilman Greenberg moved to refer the matter to the Planning
Commission and Traffic Commiss :.on for their review and comments with
recommendation on appropriate needed controls, seconded by Councilman
Merritt and carried.
D. Councilman Dennis also directed Council's attention to recent
staff report relating to telephone answering after business hours.
Councilman Dennis moved to approve staff memo dated December 26, 1975,
for announcement only answering system, and appropriate additional
funds in the amount of $195 from the General Fund and amend the
Adopted Budget accordingly, seconded by Councilman Greenberg and carried.
E. Councilman Greenberg expressed an interest in pursuing the matter
of the corporate boundaries of the City being included in the boundaries
of the Temple City Post Office.
F. Mayor Gilbertson advised Council he had attended the first meeting
of the Intergovernmental Affairs Committee of the League of California
Cities on January 5, 1976. AB 1249 relating to County Service Area
was discussed at length and Mayor Gilbertson will prepare a report for
Council review,
Mayor Gilbertson also reported that he had the opportunity to address
the Public Commission on County Government and express some views on
the matter. Mayor Gilbertson stated his presentation followed that of
Supervisors Edelman and Hayes who took conflicting positions on
County government.
Mayor Gilbertson advised he received a communication from the City of
Burbank seeking support of City Council for the continued operation of
the Hollywood- Burbank Airport.
22. ADJOURNMENT:
On motion by Councilman Merritt, seconded by Councilman Greenberg and
carried, meeting adjourned at 9:55 p.m. Next regular meeting of the
City Council will be held Tuesday, January 20, 1976, 7:30 p.m. in the
Council Chamber of the City Hall.
ATTEST:
IIIe Deputy Cit Clerk
Chi
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