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HomeMy Public PortalAboutCity Council_Minutes_1976-03-02_Regular 19761 1 1 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 1 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, 1 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: 1 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