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HomeMy Public PortalAboutCity Council_Minutes_1976-03-16_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES March 16, 1976 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, March 16, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Pastor Robert E. Knox, Seventh Day Adventist Church, 9664 Broadway. 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, Director of Planning Dragicevich, Parks and Recreation Director Kobett 5. APPROVAL OF MINUTES: Councilman Greenberg moved to approve the minutes of the regular meeting held March 2, 1976, as written, seconded by Councilman Dennis and carried, Councilman Tyrell abstaining. UNFINISHED BUSINESS: 6. ORDINANCE NO. 76 -435: 2nd read. CHANGE OF ZONE FROM R -3 TO C -2, 5200 Rosemead Boulevard City Attorney Martin presented 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 second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Greenberg and carried, Council- man Tyrell abstaining, 7. PUBLIC HEARING: STREET IMPROVEMENTS - Installation of Street Lights - Nadine Street, 9800 -9900 Block (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating City Council, at their regular meeting held February 17, 1976 received petition for installation of 7 steel poles with overhead services representing 66% of the front footage within subject limits, and set public hearing for March 16, 1976 pursuant to Chapter 27, Streets and Highways Code. Mayor Gilbertson declared the public hearing open. Assistant City Manager Biel gave staff report, advising that all pertinent infor- mation with regard to installation charge and annual energy and maintenance costs were given to the circulator of the petition; one property owner who.is unable to attend the public hearing called and stated she is in favor of the project; however, does not wish the installation placed on her property; a negative declaration of Environmental Impact was prepared and posted pursuant to the Cali- fornia Environmental Quality Act; the installation includes 7 steel electroliers with overhead service, which includes replacing one wood pole with an existing light. Mrs, Parrish, 9835 Nadine, stated she is in favor of the project, th i at she not care whether the wood pole is replaced, but pre- ferred the new installation to be steel electroliers. Council Minutes, March 16, 1976 -Page 2 Mr, Chester Polek, 9819 Nadine, stated he was not in favor of the project; however, if it were approved, he felt that six additional street lights were too many, making the street too bright. In answer to Council's question regarding the criteria for spacing of street lights, Assistant City Manager Biel advised that in Zone B lights are located at intersections, however in Zone A, the lights are spaced between 150 and 180 feet depending upon distance between property lines. Mrs. Eleanor Cook, 9814 Nadine, withdrew her signature, stating she elt there were too many lights proposed, and a light on the exist- ing pole at the cul -de -sac would light up empty lots. Mr. Bob Rosander, 9840 Nadine, inquired the exact cost to him for installation, energy and maintenance, stating he did not sign the petition because he did not want a pole on his lot. Mrs. Janis Meeks, 5435 Cambury, stated she was approached to go along with installation of lights on Nadine and wanted to know if her property would be included if lights were installed on Cambury. Mrs. Meeks was advised if installation proceeded, her property would be in Zone A and no recommendation would be made for another . installation charge on Cambury. Mrs. Donna Rizuto, 9855 Nadine, stated she would like to have lights installed at both ends of the street, but feels that too many lights are being proposed. There being no others come forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Greenberg and carried. Councilman Tyrell stated in his opinion, too many lights are pro- posed for installation, not only because it would result in too much illumination, but also in the interest of conserving energy. Councilman Greenberg felt it might be well to consider fewer lights, and felt Council should make some determination regarding the con- servation of energy in the future, stating he is not in favor of approving the project. Mayor Gilbertson stated in his opinion, it would be wrong to assess the residents at Zone A tax rate and give them less lighting. Councilman Merritt moved that the draft Environmental Impact Report be amended to include the comments of those testifying at the public hearing and the responses thereto by incorporating a copy of the minutes in the report; that the City Council certify the Environ- mental Impact Report has been completed in conformance with the California Environmental Quality Act and the state guidelines and that the Counc`lhas reviewed and considered the information con- tained in the report; and that any adverse environmental impact contained in the report is overruled and counterbalanced by economic and social needs, objectives and concerns in providing the community with private or public improvements of municipal import as set forth in the findings indicated in the minutes; to find the project in the best public interest and instruct the Superintendent of Streets to cause the work to be accomplished and report on the cost of the installation when the project is completed; and to instruct the Superintendent of Streets to cause to be prepared a legal des- cription of those properties abutting Nadine Street in the 9800 -9900 block and to initiate proceedings to annex the area into Zone A of the Lighting District, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Dennis, Merritt, Gilbertson NOES: Councilmen- Greenberg, Tyrell 1 Council Minutes, March 16, 1976 -'Page 3 8. PUBLIC HEARING: APPEAL FROM PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT CASE NO. 76 -466 - FREE STANDING SIGN City Manager Koski advised that City Council, at their regular meeting held February 17, 1976, set public hearing on appeal of Planning Commission Resolution No. 76 -681PC as it related to a free- standing sign; however, on the request of the developer, staff recommends the matter be continued to the next regular meeting of the City Council. Councilman Tyrell moved to continue the appeal from Planning Com- mission Resolution No. 76 -681PC as it relates to the free standing sign, seconded by Councilman Greenberg and carried. 9. PUBLIC HEARING: REQUEST FOR ENTERTAINMENT AND DANCE PERMIT - HERITAGE INN, 8905 Las Tunas Drive City Manager Koski presented application for Business License, Entertainment Permit and Dance Permit which represents a change in ownership of the Heritage Inn, advising Notice of Public Hearing has been posted pursuant to the Municipal Code. Mayor Gilbertson declared the public hearing open. There being no one come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Tyrell moved to approve application for Entertainment and Dance Permit for the Heritage Inn, subject to the conditions as set forth in the Sheriff's Department report, seconded by Councilman Dennis and carried. NEW BUSINESS: I 10. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of March 9, 1976 A. PROPERTY NUISANCE CASE NO. 76 -34: 8945 Broadway and 5445 Rosemead City Manager Koski presented background information, stating the Planning Commission, at their meeting held March 9, 1976, held public hearing and adopted Resolution No. 76 -684PC determining the existence of a public nuisance at subject locations and setting forth the manner in which the nuisance is to be abated. No appeal has been filed with the City Clerk. Councilman Tyrell moved to adopt Resolution No. 76 -1534 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 Greenberg and carried. B. TENTATIVE TRACT NO. 32644 - 9925 -9941 Garibaldi Avenue City Manager Koski presented background information, staying the Planning Commission, at their meeting held March 9, 1976, adopted Resolution No. 76 -686PC approving Tentative Tract No.'32644 subject to a variance for substandard lot widths for four of the eight parcels proposed, with conditions. Councilman Greenberg moved to set Public Hearing April 6, 1976 to consider Tentative Tract No. 32644, seconded by Councilman Dennis and carried. 11 RENEWAL OF AGREEMENT - LOS ANGELES COUNTY, GENERAL SERVICES City Manager Koski advised the General Services Agreement cur- rently in effect between the County of Los Angeles and the City to perform certain services and functions, will expire on June 30, 1976; in the event the City wishes to renew such agreement for an additional five year period, the City must notify the Board of Super- visors of its wishes not later than May 10th preceding the expira- tion date. County has submitted a new agreement in which the only Council Minutes, March 16, 1976 - Page 4 changes reflected set forth that revised rates are to take effect on the 1st day of July of each year, rather than stating the rates will be recomputed annually, and if the City's payment for services is not received within 30 days after the date of the invoice, County is en- titled to recover interest at a rate of 2 of 1% per calendar month which is the same provision as in our current agreement with County for Sheriff's services. Councilman Tyrell moved to approve General Services Agreement and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. RESOLUTION NO. 76 -1535: AMENDING RESOLUTION NO. 75 -1443 - EXTENSION OF DEADLINE TO REMOVE OVERHEAD STRUCTURES City Manager Koski presented background information, stating the City Council, at their regular meeting held April 1,1975, adopted Resolution No. 75 -1443 establishing Underground Utility District No. 3 which gen- erally falls between Broadway and Las Tunas on Rosemead Boulevard ad- jacent to the CRA area, which resolution establishes April 1, 1976 as being the date to remove poles and overhead facilities. The Edison Company has requested a 90 -day extension which staff feels would not adversely affect development plans in the CRA area. Councilman Tyrell moved to adopt Resolution No. 76 -1535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING RESOLUTION NO. 75 -1443, extending the deadline for removal of poles, overhead wires and other associated overhead structures not later than June 30, 1976, seconded by Councilman Dennis and carried. 13. RESOLUTION NO. 76 -1536: ESTABLISHING HOLIDAYS 1 City Attorney Martin presented resolution setting forth the dates all employees shall be entitled to legal holiday, advising they were deleted from the codified code which states that holidays shall be those days as are from time to time established by resolution of the City Council Councilman Merritt moved to adopt Resolution No. 76 -1536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING HOLIDAYS, seconded by Councilman Greenberg and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Greenberg, Merritt, Gilbertson NOES: Councilmen - Tyrell 14. RESOLUTION NO. 76-1537: WARRANTS & DEMANDS, Demand Nos. 3800 thru 3883 in the amount of $43,651.56 Councilman Tyrell moved to adopt Resolution No. 76 -1537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $43,651.56, DEMAND NOS. 3800 THRU 3883, seconded by Councilman Dennis and carried. 15. COMMUNICATIONS: There were no communications. 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: II[ No one came forward. ECESS TO CRA: The City Council recessed at 8:23 p.m. to meet as the Community Redevelopment Agency, all members being present, approved the minutes of.,the regular meeting held March.2, 1976, adopted Resolution approving warrants and demands, and approved the sale of surplus property. Minutes are set forth in full in the minutes of the Agency. 1 1 1 Council Minutes, March 16, 1976 - Page 5 RECONVENE AS CITY COUNCIL: 17. ACTION ON REQUEST BY CRA: There were no requests. 18. MATTERS FROM CITY OFFICIALS: A. Authorization to Solicit Bids: Electrical /Telephone Reconnect at Live Oak Park City Manager Koski presented background information, stating the City Council, at their regular meeting held February 3, 1976, approved the plans and specifications for the electrical /telephone reconnect at Live Oak Park and authorized the work to be done utilizing volunteer labor, assistance of a licensed electrician and the necessary supplies and equipment. It has since been determined that the project cannot be done utilizing volunteers as the electrical permit requires the signature of a licensed electrician who must assume liability for the project. Store, Matakovich & Wolfberg, who prepared the plans and specifications, have estimated the cost of improvement to be $9,434. and staff requests authorization to solicit bids to complete subject improvement. Councilman Tyrell moved to authorize staff to solicit bids for the development of the electrical /telephone reconnect a Live Oak Park, seconded by Councilman Dennis and carried. B. On motion by Councilman Greenberg, seconded by Councilman Merritt and carried, Council received and filed comments by the Parks and Recreation Commission relating to the Santa Fe Dam Recreation Master Plan. C. Director of Parks and Recreation Kobett reported pursuant to Council instruction, he met with the Temple City Girl Scouts to discuss their offer of donation of tree and plaque for the Live Oak Park development project. The Girl Scouts were receptive to Council's policy regarding plaques in Live Oak Park and have withdrawn their request; however, they have offered two additional Flax Leaf Paper Bark trees making a total of three trees they wish to donate. Councilman Tyrell moved to accept the offer of the Temple City Girl Scouts for three Flax Leaf Paper Bark trees, with appreciation, seconded by Councilman Merritt and carried. D. Mayor Gilbertson advised Council he had received a request from Councilman Charles Storing of La Puente to support his candidacy for the seat on the Rapid Transit District Board of Directors which will be vacated by Adelina Gregory. Mayor Gilbertson advised he will be attending the recognition dinner for Father Birch of St. Luke's Catholic Church to be held March 20 at the Huntington Hotel, being given in honor of his elevation to Monsignor and his 20 years service at St. Luke's. 19. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Merritt, Council adjourned at 8:30 p.m. Next meeting of the City Council will be held Tuesday, April 6, 1976, 7:3Q p.m. in the Council Chamber of the City Hall. ATTEST: /» 14A Chi t Deputy City Clerk