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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. 1 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 1 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 y