HomeMy Public PortalAboutCity Council_Minutes_1976-03-02_Regular 19761
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
March 2, 1976
INITIATION:
1. Mayor Gilbertson called the regular meeting of the City Council
to order at 7:35 p.m. on Tuesday, March 2, 1976, 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, Gilbertson
Absent: Councilmen - Tyrell
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Biel, Director of Planning Dragicevich,
Parks and Recreation Director Kobett
Councilman Dennis moved to excuse Councilman Tyrell for cause,
seconded by Councilman Greenberg and carried.
5. APPROVAL OF MINUTES:
Councilman Merritt moved to approve the minutes of the regular
meeting held February 17, 1976, as written, seconded by Councilman
Greenberg and carried.
Councilman Dennis moved to approve the minutes of the Special meeting
held February 26, 1976, as written, seconded by Councilman Greenberg
and carried.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 76 -431: 2nd read. AMENDMENT TO ZONING CODE RE:
DEVELOPMENT STANDARDS FOR R -3 AND R -4
City Attorney Martin presented Ordinance No. 76 -431 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE
CITY ZONING CODE RELATING TO REQUIRED LOT SIZES for second reading
by title only. Councilman Merritt moved to waive further reading
and adopt, seconded by Councilman Greenberg and carried.
7. ORDINANCE NO. 76 -433: 2nd read. AMENDMENT TO SEWER RECONSTRUCTION
ORDINANCE
City Attorney Martin presented Ordinance No. 76 -433 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 5314 OF THE TEMPLE CITY
MUNICIPAL CODE (AS RECODIFIED) RELATING TO PUBLIC SEWERS for second
reading by title only. Councilman Greenberg moved to waive further
reading and adopt, seconded by Councilman Merritt and carried.
8. PUBLIC HEARING: 7:30 p.m. EXTENDING URGENCY ORDINANCE NO. 75 -424
AMENDING ZONING CODE RE: APPROPRIATE ZONING FOR ADULT BUSINESSES
City Attorney Martin presented background information, stating two
ordinances were before the City Council. City Council adopted an
urgency ordinance prohibiting adult businesses November 4, 1975;
in the interim, Planning Commission recommended adoption of a
permanent ordinance which was placed on first reading at the regular
meeting held February 17, 1976. There is a slight overlap in that
the urgency ordinance expires before the permanent ordinance becomes
effective and City Council has set public hearing March 2, 1976 to
extend the urgency ordinance for 60 days to cover that period of time.
Council Minutes, March 2, 1976 - Page 2
Mayor Gilbertson declared the public hearing open. There being no
one come forward to speak to the subject, Councilman Merritt moved
to close public hearing, seconded by Councilman Greenberg and
carried.
Councilman Dennis moved to find that the Urgency Ordinance extending
Ordinance No, 75 -424 will not have a significant effect on the environ-
ment and approve the Negative Declaration, seconded by Councilman
Merritt and carried.
City Attorney Martin introduced Ordinance No. 76 -434 AN ORDINANCE OF
THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE NO. 75 -424 by
title only. Councilman Greenberg moved to waive further reading and
adopt, seconded by Councilman Merritt and carried, there being no
Councilman objecting thereto.
City Attorney Martin introduced Ordinance No. 76 -432 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATING
TO ADULT BUSINESSES for second reading by title only. Councilman
Merritt moved to waive further reading and adopt, seconded by Council-
man Dennis and carried.
9. PUBLIC HEARING: 7:30 p.m. CODIFICATION OF MUNICIPAL CODE -
ZONING CODE AND SUBDIVISION SECTION
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held February 10, 1976,
recommended adoption of the revised Zoning Code and subdivision section
as submitted by the City Attorney; City Council, at their regular
meeting held February 17, 1976, set public hearing for March 2, 1976.
Ordinance No. 75 -403 had first reading at that time, the Municipal
Code having had public hearing July 1, 1975.
Mayor Gilbertson declared the public hearing open. There being no one
to come forward to speak to the issue, Councilman Greenberg moved to
close the public hearing, seconded by Councilman Merritt and carried.
Councilman Greenberg moved to find that adoption of the ordinance
adopting revisions and codification of the ordinance of the City will
not have a significant effect on the environment and approve the
Negative Declaration, seconded by Councilman Dennis and carried.
City Attorney Martin introduced Ordinance No. 75 -403 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADOPTING REVISIONS AND RECODIFICATION OF THE
ORDINANCE OF SAID CITY. SAID REVISIONS ARE ENTITLED "MUNICIPAL CODE
CITY OF TEMPLE CITY" AND "ZONING CODE CITY OF TEMPLE CITY" for second
reading by title only. Councilman Merritt moved to waive further
reading and adopt, seconded by Councilman Dennis and carried,
10. PUBLIC HEARING: 7:30 p.m. CHANGE OF ZONE FROM R -3 TO C -2,
5200 Rosemead Boulevard
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting. of January 27, 1976,
held public hearing and adopted Resolution No. 76 -674PC recommending
to City Council change of zone in Zone Change Case No. 75 -462 for
the reasons the proposed site has adequate access and is otherwise
suitable for commercial development, the proposed zone is compatible
with existing development in the vicinity, and the proposed zone is
compatible with the General Plan of the City.
Mayor Gilbertson declared the public hearing open, Planning Director
Dragicevich gave staff report, stating the applicant proposes to
change zone from R -3, Heavy Multiple residential, to C -2 General
Commercial, for the construction of new commercial businesses, gave
factual data on the subject property and surrounding area, and advised
an Environmental Impact Report had been prepared by applicant, and
directed Council's attention to Item 7(b) which states that under
present zoning the property could be developed to a maximum of 36
Council Minutes, March 2, 1976 - Page 3
units, when in fact according to R -3 development only 22 units
would be permitted.
Councilman Merritt moved to include the Planning Commission minutes
as a part of the record, seconded by Councilman Greenberg and carried,
Mr, Geor e Harrin ton, 5636 Rosemead Boulevard, representing applicant,
Cali ornia Stereo, stated they have been at their present address for
five years and now have an immediate demand for expansion; subject
property is most suitable for their type of business; the business
does not generate a great deal of noise, however they are planning
on constructing a block wall around the property which they feel will
create a buffer between the busy highway and property to the rear;
they plan to build a new store housing California Stereo with adequate
parking and planter areas and approximately five years in the future
add adjacent buildings for their electronic parts store and possibly
a record and tape store.
There being no one else come forward to speak, Councilman Greenberg
moved to close public hearing, seconded by Councilman Merritt and
carried,
Councilman Dennis moved that the Environmental Impact Report which
was submitted to each Councilman is complete pursuant to the Environ-
mental Quality 'Act of 1970 and to find the positive effects of the
proposed development as a result of a zone change will mitigate
satisfactorily the projects adverse impacts such as additional
traffic, air pollutants and energy consumption, and economic factors
will outweigh the adverse impacts of the project, seconded by Council-
man Greenberg and carried.
City Attorney Martin introduced Ordinance No, 76 -435 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A CHANGE OF
ZONE IN ZONE CHANGE CASE NO. 75 -462 for first reading by title only.
Councilman Merritt moved to waive further reading, seconded by
Councilman Greenberg and carried.
11, STREET IMPROVEMENTS; ENCINITA AVENUE, BROADWAY TO LAS TUNAS DRIVE
(Chapter 27, Streets and Highways Code)
City Manager Koski advised the City Council, at their regular meeting
held January 20, 1976 found subject project to be in the public
interest and authorized final preparation of plans and specifications,
which are now completed for Council review
Assistant City Manager Biel advised that a more comprehensive Environ-
mental Impact Report is in the process of being prepared and will be
returned to Council for their review.
Dennis moved to approve plans and specifications for the
improvement of Encinita Avenue from Las Tunas Drive to Broadway,
and authorize the Superintendent of Streets to advertise for bids,
seconded by Councilman Merritt and carried.
12. STREET IMPROVEMENTS; GARIBALDI AVENUE, OAK AVENUE TO GOLDEN WEST;
OAK. AVENUE, GARIBALDI AVENUE TO LAS TUNAS DRIVE SECTION 230,
HIGHWAY SAFETY ACT OF 1973
City Manager Koski, advised that City Council, at their regular meeting
held December 2, 1975, authorized the City's participation in the
improvement of the two subject locations, utilizing Federal funds
for 907 of the cost.and 10% of the City's funds; City Council also
approved the Local Agency- State Agreement for the Federal -Aid Improve-
ment Projects at their regular meeting held. February 3, 1976, and
authorized the preparation of plans and specifications. This project
was not approved for the fiscal year 1975 -76 budget; however the State
is. anxious to go ahead with the project and at the present time the
cost for survey and design is approximately $13,500 which is reimbursable
when the projects enter the construction phase
Council Minutes, March 2, 1976 - Page 4
Councilman Merritt moved to appropriate additional funds in the
amount of $13,500 for survey and design of Oak Avenue and Garibaldi
Avenue within the limits of the project and amend the adopted budget
accordingly, seconded by Councilman Greenberg and carried.
NEW BUSINESS:
III 13. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of
February 18, 1976
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A. USE OF TEMPLE CITY PARK - Temple City Girl Scouts
City Manager Koski advised the Parks and Recreation Commission, at
their regular meeting held February 18, 1976, recommended to City
Council that the request received from the Temple City Girl Scouts
to conduct a Bicentennial Tasting Tea and Candlelight Ceremony at
Temple City Park on Friday, March 12, 1976 from 4 :00 p.m. to
8 :00 p.m. and to raise funds for the Virginia Harker Memorial Girl
Scout Fund from donations received from desserts served at the event,
be approved, subject to the Conditions of Park Use,
Councilman Merritt moved to approve request, seconded by Councilman
Greenberg and carried.
B. OFFERS OF ASSISTANCE FOR THE REDEVELOPMENT OF LIVE OAK PARK
City Manager Koski advised the Parks and Recreation Couaission, at
their regular meeting held February 18, 1976, recommended to City
Council that offers of assistance from organizations for the redevelop-
ment of Live Oak Park be accepted. Those offers are 1) donation of
trees from Cub Scout Pack #160; 2) donation of $45 from Temple City
Convertible TOPS #506; 3) donation of $276 for the purchase of braziers
from Temple City Lionettes; and 4) donation of a tree with plaque com-
memorating the Bicentennial from Temple City Girl Scouts.
Councilman Greenberg advised that he met with the Bicentennial Committee
to discuss their request to construct a flag pole at Live Oak Park
and that the Bicentennial Committee had misunderstood the extent of
the redevelopment of Live Oak Park and on being advised what the re-
development consists of, withdrew their request.
Council expressed concern that many of the organizations offering
assistance with the redevelopment of Live Oak Park are requesting a
plaque. It was their consensus that one plaque may be placed in the
park commemorating the Bicentennial and /or recognizing the organi-
zations who have assisted in the redevelopment, the nature of which
will be decided at the appropriate time,
Councilman Greenberg moved to approve offers of assistance from
Cub Scout Pack #160, Temple City Convertible TOPS #506, and Temple
City Lionettes, with appreciation, and to defer the offer from
Temple City Girl Scouts and direct the Director of Parks and
Recreation to meet with the Girl Scouts to discuss the placing of
a plaque, seconded by Councilman Merritt and carried,
III 14. RECOMMENDATION FROM PARKING COMMISSION - Meeting of February 18, 1976
RENEWAL OF AGREEMENT - PERMIT TO CROSS OVER PEDESTRIAN MALL #3,
LOT #5, PARKING DISTRICT #3, A, W. Driver - 9611 Las Tunas Drive
City Manager Koski advised the Parking Commission, at their regular
meeting held February 18, 1976, recommended renewal of agreement
with A. W. Driver to cross over Pedestrian Mall #3, subject to
conditions as set forth by City Council in agreement dated
March 8,1972.
Councilman Dennis moved to approve renewal of agreement to cross over
Pedestrian Mall #3, Lot #5, Parking District #3 with A. W. Driver,
seconded by Councilman Greenberg and carried,
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Council Minutes, March 2, 1976 - Page 5
15. NORTHEAST REGIONAL BURGLARY INVESTIGATION TEAM - Request for
Fiscal Year 1976 -77 Funding
City Manager Koski presented request from Chief of Pasadena Police
Department that Council adopt a resolution authorizing participation
in the Northeast Regional Burglary Investigation Team (NERBIT) for
the fiscal year 1976 -77.
Lt. John Butler, Los Angeles County Sheriff's Department, stated
that the City's share of the entire NERBIT budget is approximately
5 %; that there have been boundary changes in the Team since its
inception, in that Rosemead has joined with another Team.
In view of the many concerns of Council with regard to the total
NERBIT budget, the list of cities participating, and the benefits
derived from a team which includes larger cities and many independent.
cities, Council continued the matter to their regular meeting to be
held March 16, 1976.
16. APPROVAL OF SURVEY MONUMENTS - TRACT NO. 29602, east side of Baldwin,
between Olive and Green Streets
City Council received recommendation from City Engineer, dated
February 9, 1976, that all monuments and tie points relating to
Tract No. 29602 be accepted as the work completed was inspected
and met with his approval.
Councilman Greenberg moved to approve the work, accept the survey
monuments and release the Faithful Performance Bond in the amount
of $2,000, seconded by Councilman Merritt and carried.
17. APPROVAL OF SURVEY MONUMENTS - TRACT NO. 32391 - Olive /Zadell, east
of Baldwin Avenue
City Council received recommendation of City Engineer, dated
February 9, 1976, that all monuments and tie points relating to
Tract No. 32391 be accepted as the work completed was inspected
and met with his approval.
Councilman Greenberg moved to approve the work, accept the survey
monuments and release the Faithful Performance Bond in the amount
of $2,000, seconded by Councilman Dennis and carried.
18. RESOLUTION NO. 76 -1531: ESTABLISHING VOTING PRECINCTS FOR GENERAL
MUNICIPAL ELECTION
Councilman Merritt moved to adopt Resolution No. 76 -1531 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ES-
TABLISHING VOTING PRECINCTS FOR GENERAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON TUESDAY, THE 13TH DAY OF APRIL, 1976, FOR THE
ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PRO-
VISIONS OF THE CHARTER OF THE CITY OF TEMPLE CITY, seconded by
Councilman Greenberg and carried.
19. RESOLUTION NO. 76-1532 EMPLOYMENT OF PERSONNEL
Councilman Dennis moved to adopt Resolution No. 76 -1532 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
seconded by Councilman Greenberg and carried.
20. RESOLUTION NO. 76- 1533.; WARRANTS & DEMANDS, Demand Nos. 3715 thru
3799 in the amount of $99,644.,97
Councilman Merritt moved to adopt Resolution No. 76 -1533 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $99,644.97, DEMAND NOS. 3715 THRU 3799, seconded
by Councilman Dennis and carried.
Council Minutes, March 2, 1976 - Page 6
21, COMMUNICATIONS:
A. Temple City Chamber of Commerce - Request to conduct "Grandfather's
Farm ", Primrose Parking Lot #7, April 15, 16,:and 17, 1976
City Manager Koski presented communication from the Temple City
Chamber of Commerce requesting permission to conduct a "Grandfather's
Farm" in the Primrose Parking Lot, April 15 through 17 inccooperation
with the West Covina Highlander 4H Club as set forth in their letter
dated February 26, 1976.
Councilman Greenberg moved to approve request of the Temple City
Chamber of Commerce as set forth in their letter dated February 26,
1976, seconded by Councilman Merritt and carried.
B. Claim for Damages - Miguel Garcia, 10841 Klingerman,
City Manager Koski presented claim received from Michael
on behalf of Miguel Garcia, for damages from an incident
have occurred January 26, 1976 in the vicinity of Garvey
El Monte.
El Monte, CA
J. Movius, Esq.
alleged to
and Gage,
Councilman Merritt moved to deny claim and refer to City's insurance
carrier, seconded by Councilman Greenberg and carried.
22. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Harlos Gross, President, Chamber of Commerce, expressed appreciation
for Council's support of the 32nd Annual Camellia Festival, stating
this year's event was the most successful ever.
Mrs. Marianne Milch, Chamber Manager, advised Council the Chamber of
of Comffierce is sponsoring a seminar to be conducted by Ernest Hathaway,
of Living Dynamics International, Monday, April 5, 7 to 10 p.m. and
requested use of the meeting room at Live Oak Park, inviting Council
participation at the seminar. On motion by Councilman Merritt,
seconded by Councilman Dennis, Council approved Chamber's request for
use of the meeting room at Live Oak Park, Monday, April 5, 1976.
RECESS TO CRA:
The City Council recessed at 8:32 p.m. to meet as the Community Redevelop-
ment Agency, all members being present except Mr. Tyrell, approved the
minutes of the regular meeting held February 17, 1976 and the Special
meeting held February 26, 1976, adopted Resolution approving warrants and
demands, and adopted Resolution amending legal description to the Option,
Maintenance and Management Agreement. Minutes are set forth in full in
the minutes of the Agency.
RECONVENE AS CITY COUNCIL:
Councilman Tyrell arrived during the meeting of the Community Redevelop-
ment Agency.
23. ACTION ON REQUEST BY CRA:
III There were no requests.
24. MATTERS FROM CITY OFFICIALS:
A. Approval of Street. Improvements - Tract No. 29602
City Manager Koski presented recommendation from Superintendent of
Streets to approve certain improvements relating to Tract No. 29602.
Councilman Merritt moved to approve certain street improvements
relating to Tract No, 29602, accept the street improvements, and
release the Faithful Performance Bond in the amount of $25,000,
seconded by Councilman Greenberg and carried.
Council Minutes, March 2, 1976 - Page 7
B. City Manager presented request from County Manpower Programs
Division to amend the CETA, Title VI Agreement extending the contract
period from April 1, 1976 to June 30, 1976.
Councilman Dennis moved to approve amendment to Agreement as submitted
and authorize the Mayor to sign, seconded by Councilman Merritt and
carried.
C. City Manager Koski advised the City received an application for
Business License and Entertainment and Dance Permit relating to the
restaurant operations at Heritage Inn, 8905 Las Tunas Drive, which
represents a change in ownership.
Councilman Dennis moved to set public hearing March 16, 1976 relating
to the Entertainment and Dance Permits, seconded by Councilman
Greenberg and carried.
D. Councilman Greenberg expressed
being put to sleep as reflected in
and suggested the Council may wish
neutered and un- neutered dogs as a
concern with the number of animals
the recent Animal Control report
to look at the license fees for
means to control animal population.
Councilman Greenberg also inquired whether an analysis had been made
of the causes for the increase or decrease in traffic volume in the
recent report received which reflected traffic volume over a two year
period.
E. Mayor Gilbertson stated that a Notice and Demand was delivered
to Theta Cable and the bonding company with regard to Theta Cable's
default of their Agreement with the City.
III 25. ADJOURNMENT:
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On motion by Councilman Dennis, seconded by Councilman Merritt,
and carried, Council adjourned at 8:50 p.m. Next regular meeting
of the City Council will be held Tuesday, March 16, 1976, 7:30 p.m.
in the Council Chamber of the City Hall.
ATTEST:
Chie Deputy City C erk
MAYOR