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HomeMy Public PortalAboutCity Council_Minutes_1976-01-20_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES January 20, 1976 INITIATION: 1. Mayor Pro Tem Greenberg called the regular meeting of the City Council to order at 7:31 p.m, on Tuesday, January 20, 1976 in the Council Chamber of the City Hall, III 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 Pro Tem Greenberg. 4. ROLL CALL: Present: Councilmen - Dennis, Greenberg, Merritt, Tyrell Absent: Councilmen - Gilbertson Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Director of Planning Dragicevich, Parks and Recreation Director Kobett Councilman Tyrell moved to excuse Mayor Gilbertson for cause, seconded by Councilman Dennis and carried. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular meeting held January 6, 1976, as written, seconded by Councilman Merritt and carried. UNFINISHED BUSINESS: III 6. ORDINANCE NO. 76 -428: 2nd 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 G ITY MUNICIPAL CODE (AS RE- CODIFIED) RELATING TO YARD SALES IN RESIDENTIAL ZONES, for second reading by title only, suggesting that Section 4250. be changed to incorporate definition of yard sales, and Section 4250.(3) be changed to improve the language and clarify the intent of the Council. Councilman Dennis stated his concern that a governmental regulation will restrict the majority to correct a problem created by a few, which places a burden on the majority of the residents by requiring them to obtain a license. Councilman Merritt agreed. with Councilman Dennis, stating the prob- lems surrounding yard sales are created by a few and he is concerned that those abusing the privilege will ignore the regulations. Councilman Tyrell stated that the requirements of the proposed ordinance are not, in his opinion, a harassment. Further, that reasonable regulations will eliminate the problem of neighborhoods being subject to those abusing the privilege by having perpetual yard sales. Councilman Tyrell also expressed concern that many of the yard sales are offering stolen goods and that the proposed ordinance can provide a tool for selective enforcement. Mr, Lou Agri, 5723 Encinita, stated he is in favor of the proposed ordinance which would prohibit holding yard sales in the front yard. Mr. John German, 8920 E. Broadway, stated he is in favor of the pro- pose ordinance which would control the number of yard sales per- mitted in a given period of time, in that this neighborhood has been subjected to them on a weekly basis. Council Minutes, January 20, 1976 - Page 2 Mrs. Constance Roy, 5229 Ardenel Avenue, stated she is against the proposed ordinance because she feels that no branch of government has the right to tell people what they may do on private property, and that she is against having to obtain a permit. Pastor Howell, 10403 Freer, stated he supports the proposed ordinance w ich would give the City leverage to deal with possible crime through law enforcement, and that he looks at the law as a protection of his rights and not as a denial. Mr. C. Ray Johnston, 5329 Zadell, stated the City needs some regula- tion since in his opinion yard sales in the front yard are very unsightly; that he sees no problem in the little effort to obtain a permit. Mr. Tom Atkins, Planning Commissioner, stated his concern with. enforcement of the ordinance and the time consumed by the Planning Department in issuing permits for the sales. Lt, Dick Wallace, commented that in many instances yard sales and like activity, provide a means by which people dispose of stolen materials; that he feels very seldom would any one family have occasion to have more than two sales a year to dispose of unwanted articles; that the proposed ordinance would provide a tool to law enforcement officers working on stolen property detail. Mr. Jerry Seibert, Parks and Recreation Commissioner, stated he personally feels the ordinance is needed and that the requirements for a permit will not disturb those citizens who do not abuse the privilege; further that he is personally aware that stolen articles are in some instances, marketed solely at yard sales. Mayor Pro Tem Greenberg stated he is primarily concerned with the signs which go along with yard sales and the commercialism that seems to have developed. With respect to signs, he had talked with staff and finds we don't have the means to selectively cite abuses. In answer to Council's question on how the proposed ordinance would be enforced, City Manager Koski advised that if the ordinance is enacted, it will be made a part of the City's environmental code enforcement program. Periodic surveys of the community be made on the weekends, possibly coordinating with members of the Sheriff's Department, but would not necessarily entail the assistance of the Sheriff's Department unless there is an aggravated situation. Councilman Tyrell moved to continue Ordinance No. 76 -428 to Febru- ary 3, 1976 when there will be a full Council to consider the matter, seconded by Mayor Pro Tem Greenberg and carried. 7. ORDINANCE NO. 76 -429: 2nd read. AMENDING TEMPLE CITY MUNICIPAL CODE RELATING TO DEFINITIONS 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 second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Dennis and carried. ORDINANCE NO. 76 -430: 2nd read. CHANGE OF ZONE FROM R -1 AND R -3 TO C -2 FOR CERTAIN PROPERTIES IN PARCEL B, ROSEMEAD BOULEVARD REDEVEL- OPMENT PROJECT 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 second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Dennis and carried. Council Minutes, January 20, 1976 - Page 3 9. STREET IMPROVEMENTS: ENCINITA AVENUE, BROADWAY TO LAS TUNAS DRIVE (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating City Council held public hearing January 6, 1976 and continued the matter to allow staff the opportunity to make recommendations and find a means by which property owners who face a financial hardship can be assisted. Staff proposes '.: : :lat where residential side yards fronting the project are in excess of 100 feet, the assessment be reduced by 50 %; that those properties which front the project with access easements receive reductions of 50% for that portion of the assess- ment representing the easement; and that each hardship claim be reviewed on an individual basis to determine a payment schedule with a minimum payment of $20 monthly for a term not to exceed three years. Councilman Tyrell moved to reopen the public hearing, seconded by CouncilJo.J ; Dennis and carried. Mr. Lou Agri, 5723 Encinita Avenue, suggested that sidewalks be installed on the east side only, as a means to save money. Mr. Mama ek, 5526 Encinita Avenue, requested clarification of the propose payment plan in hardship cases, and upon receiving an explanation of the proposal stated it was reasonable to him. Mr. Charles Windsor, 9205 Broadway, stated his father -in -law, Mr. Zeitlemaier, would be pleased with the proposed assessment reduction and support the project. Mrs. Rose Nikodemo, 6624 Encinita, inquired about interest penalty for those who would pay over a three year period and was advised that decision would be made prior to the assessment hearing. Mrs. Blanche Gault, 5834 Encinita, inquired whether utilities would d go underground and was advised the poles will remain. Councilman Tyrell moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Dennis moved to find the project to be in the public interest and approve Items 1 through 6 of staff memo dated Janu- ary 15 and on file in the City Clerk's office, adding Item 7 guaranteeing a maximum cost of $4.50 per lineal foot for curb and gutter as property owner's share, seconded by Councilman Merritt and carried. 10. ACCEPTANCE OF BID: STREET IMPROVEMENTS, GOLDEN WEST AVENUE, SOUTH OF HALLWOOD DRIVE - LIVE OAK AVENUE, SOUTH SIDE, GOLDEN WEST TO BALDWIN (Cash Contract No. 8879X) City Manager Koski advised Council twelve bids were received January 15 for. Cash Contract 8879X with the apparent low bidder being West Coast Paving in the amount of $14,572.15. City has received the Road Commissioner's recommendation to accept the low bid. Funds were budgeted in the amount'of $7500 for sidewalks for Live Oak Avenue in FY 1975 -76; however, no funds were allocated in the current fiscal year for Golden West. It would, therefore, be necessary to amend the budget in the amount of $11,773. Councilman Tyrell moved to award Cash Contract 8879X to West Coast Paving in the amount of $14,572.15 and authorize the Mayor and City Clerk to sign agreement, and to amend the budget by re -allo- cating $11,773 from Account 6612 to Account 5092 -83 in the amount of $4700 and Account 5093 -83 in the amount of $7073, seconded by Councilman Dennis and carried. 1 1 Council Minutes, January 20, 1976 - Page 4 11. REC01, ENDATIONS FROM PLANNING COMMISSION - MEETING OF JANUARY 13, 1976 A. A?'": ENMENT TO ZONING CODE RE: DEVELOPMENT STANDARDS FOR R-3 ANT) R-4 City Manager Koski presented background information stating the Planning Commission, at their regular meeting held January 13, 1976 adopted Resolution No. 76 -668PC recommending a minimum lot area of 10,000 sq. ft. for newly created lots for R -3 and R -4 zoned property primarily because the current regulations for multiple residential development does not specify the density standards if the minimum lot area is not met. Councilman Tyrell moved to set public hearing February 17, 1976 to consider Planning Commission recommendation, seconded by Councilman Dennis and carried. B. AMENDMENT TO ZONING CODE RE: APPROPRIATE ZONING FOR ADULT BUSINESSES City Manager Koski presented background information stating the Planning Commission, at their regular meeting held January 13, 1976, adopted Resolution No. 76 -669PC recommending an amendment to the Temple City Zoning Code relating to adult businesses, the matter having been referred by City Council following adoption of an urgency ordinance which will expire on March 4, 1976. Councilman Tyrell moved to set public hearing February 17, 1976, seconded by Councilman Dennis and carried. C. APPROVAL OF TENTATIVE TRACT NO. 31181 - 9667 through 9705 Lower Azusa Road City Manager Koski presented background information stating the Planning Commission, at their regular meeting held January 13, 1976, adopted Resolution No. 76 -673PC recommending approval of Tentative Tract No. 31181, subject to a variance for substandard lot areas and building setbacks for one of the parcels. Councilman Tyrell moved to set public hearing on Tentative Tract No. 31181 February 17, 1976, seconded by Councilman Merritt and carried. D. CLARIFICATION OF AMBIGUITY - INCOME TAX OFFICE IN C -1 ZONE City Manager Koski advised Planning Commission, at their regular meeting held January 13, 1976, received a request to locate income tax office at 9605 Las Tunas Drive which is zoned C -1, Retail Com- mercial. Planning Commission reviewed proposed use and similar ones in the C -1 zone and found that this use is similar and not more obnoxious than the type of uses permitted nor more detrimental to public health, safety and welfare, and should be permitted to operate in the C -1 zone. Councilman Merritt moved to concur with Planning Commission finding, seconded by Councilman Dennis and carried. 12. RESOLUTION NO. 76 -1518: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No, 76 -1518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis: and carried. 13. RESOLUTION NO. 76-1519: WARRANTS & DEMANDS, Demand Nos. 3478 thru 3552 in the amount of $67,664.05 Councilman Merritt moved to adopt Resolution No. 76 -1519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $67,664.05, DEMAND NOS. 3478 THRU 3552, seconded by Mayor Pro Tem Greenberg and carried, Mayor Pro Tem Greenberg abstaining as regards Item #3539. 1 Council Minutes, January 20, 1976 - Page 5 14. COMMUNICATIONS: A. City Manager Koski presented communication from Carl L. Clark, Sr. tendering his resignation from the Planning Commission effective February 1, 1976. Councilman Tyrell moved to accept Commissioner Clark's resignation, with regrets, seconded by Councilman Dennis and carried. B. Pursuant to appointment by Mayor Gilbertson, Councilman Tyrell moved to confirm the appointment of Jerry Seibert of the Parks and Recreation Commission to fill the unexpired term of Carl L. Clark on the Planning Commission, seconded by Councilman Merritt and carried. Council commended Mr. Seibert for his leadership and guidance in the development of Live Oak Park. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr, Tom Atkins, Planning Commission Chairman, commented that prior to Planning Commission recommendation regarding an income tax office in the C -1 zone, the applicant had been requested to have the Chamber of Commerce review his proposal and that the Planning Commission had not received any comment from the Chamber. City Manager Koski explained the Chamber had requested the applicant to submit his proposal for Board consideration and recommendation which they did not receive. RECESS TO CRA: The City Council recessed at 8:43 p.m. to meet as the Community Redevel- opment Agency, Chairman Gilbertson being absent, approved the minutes of the regular meeting held January 6, 1976; held public hearing and awarded bids on the sale and off -site relocation of structures; adopted resolution approving warrants and demands; requested City Council to adopt resolutions IIIof intent to vacate a portion of Live Oak Avenue and Wedgewood Street; and authorized preparation of electrical site plan for the Agency's park- ing lot. Minutes are set forth in full in the minutes of the Agency. RECONVENE AS CITY COUNCIL: 16. ACTION ON REQUEST BY CRA: A. Resolution No. 76 -1520: Intent to Vacatidn portion of Live Oak Avenue Councilman Tyrell moved to adopt Resolution No, 76 -1520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTEN- TION TO VACATE A PORTION OF LIVE OAK AVENUE WESTERLY OF ROSEMEAD BOULEVARD. AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS TO THE PROPOSED VACATION, setting public hearing February 17, 1976, seconded by Councilman Merritt and carried. B. Resolution No. 76 -1521: Intent to Vacate portion of Wedgewood Street Councilman Tyrell moved to adopt Resolution No. 76 -1521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTEN- TION TO VACATE A PORTION OF WEDGEWOOD STREET WESTERLY OF ROSEMEAD BOULEVARD AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS TO THE, PROPOSED VACATION, setting public hearing February 17, 1976, seconded by Councilman Merritt and carried. 17. MATTERS FROM CITY OFFICIALS: A. Fencing of Drainage Easement - Between Oak Avenue and Temple City Boulevard, north of Primrose Avenue City Manager Koski presented background information stating it has been brought to staff's attention that a problem of loitering and pedestrian use of the drainage easement running between Oak Avenue and Temple City Boulevard, north of Primrose Avenue exists, In addition, there has been repeated dumping and littering within the easement affecting the drainage flow. Staff has estimated it will cost $344 to fence the easement at two points as shown on the dia- gram submitted in order to protect the drainage easements primary purpose. Council Minutes, January 20, 1976 - Page 6 Councilman Tyrell moved to find the project in the public interest and is for a public purpose to prevent possible blockage of the drainage easement and authorize installation of the fencing and amend the budget in the amount of $344, seconded by Councilman Merritt and carried. B. League of California. Cities Spring Meeting, City Manager's Department, Palm Springs, February 18 -20, 1976 Councilman Tyrell moved to authorize the City Manager's attendance to the League of California Cities Spring Meeting, City Manager's Department and attendant expenses, seconded by Mayor Pro Tem Green- berg and carried. C. City Manager Koski directed Council's attention to SB 1294 which would impose compulsory and binding arbitration for Policemen and Firemen. The League of California. Cities has requested cities express their views on this legislation which has an SB 90 dis- claimer. Councilman Tyrell moved that communication be sent to Senate Revenue and Taxation Committee opposing SB 1294, seconded by Mayor Pro Tem. Greenberg and carried. City Manager Koski also directed Council's attention to a draft constitutional amendment received from Senator John Stull which would prohibit a person from being required to join or to pay dues or fees to any employee organization as a condition to employment by any governmental entity. Councilman Dennis moved to communicate Council's support to Senator Stull's amendment, seconded by Council- man Tyrell and carried. D. City Manager Koski advised the Temple City JayCees had presented their check in the amount of $435 as their club's donation to the development of Live Oak Park. Councilman Merritt moved to accept with appreciation, seconded by Councilman Dennis and carried. E. Councilman Merritt directed Council's attention to SB 330 which would amend the constitution to provide for partisan local elections, and moved to send a letter opposing SB 330 to the Assembly Committee on Elections and Reapportionment, seconded by Councilman Tyrell and carried. Councilman Merritt also requested staff investigate types available and cost for installing reflectors near fire hydrants throughout the City. F. Councilman Tyrell noted, with regret, the death of Sgt. Ron White who has been assigned to Temple Station for the past five years, having been assistant to Lt. Wallace and active in community projects such as the Camellia Festival and the Temple City Emergency Reserve. G. Mayor Pro Tem Greenberg advised the Council had received a report on the law enforcement program for 1975 from Captain Hansen who suggested a meeting with the Council. Mayor Pro Tem Greenberg stated his desire for a study session to be held Monday, February 2, 1976. Mayor Pro Tem Greenberg also commented on letter received from Supervisor Schabarum transmitting the Santa Fe Dam Development Plans, total capital outlay for the project estimated to be $11 million to be split between the County and the Corp of Engineers. At the same time, an article appears in the newspaper regarding a $114 million revenue gap. Mayor Pro Tem Greenberg suggested Council communicate its concern that a program such as the Santa Fe Dam Development is being considered in light of the present financial difficulty the County is experiencing. 1 Council Minutes, January 20, 1976 - Page 7 18. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis, meeting adjourned at 9:10 p.m. Next meeting of the City Council will be held Tuesday, February 3, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Deputy City Cler