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HomeMy Public PortalAboutCity Council_Minutes_1976-04-06_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES April 6, 1976 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, April 6, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend David Brinkley, Church of Christ, 5272 N. Sereno 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 March 16, 1976, as written, seconded by Councilman Greenberg and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: APPEAL FROM PLANNING COMMISSION DECISION - CONDI- TIONAL USE PERMIT CASE NO. 76 -466 - Free Standing Sign City Manager Koski presented background information stating the Planning Commission, at their regular meeting of February 10, 1976, approved Conditional Use Permit Case No. 76 -466 relating to the construction of a savings and loan building in the Rosemead Boule- vard Redevelopment Project, a future bank building, and.a free- standing (pylon) sign in the Agency parking lot. The Community Redevelopment Agency, at their meeting of February 17, 1976, con curred with the Planning Commission Resolution No. 76 -681PC as to the location and construction of the savings and loan building, but appealed the decision regarding the location and type. of pylon sign as proposed. The Agency is concerned that if this sign were approved, other such signs would be requested and would present the possibility of sign clutter. This public hearing was continued from the March 16, 1976 meeting. Planning Director Dragicevich directed Council's attention to several exhibits that presented alternate sign possibilities. Staff visited other shopping centers and found signs to be 8 -12 ft. high instead of the proposed 35 ft. height desired by the developer; however, these signs were in a different geographical location and used different materials and designs. Mr. Dragicevich pointed out a sign that would incorporate all the major tenants with an approxi- mate-height of 26 ft. with the minimum height from the ground to the first sign being 8 ft. Rainer Melschau, EGSMetro Development Co., requested continuance the meeting to a future Study Session to allow time to work out the appropriate sign criteria which would enable their archi- tects to prepare a final proposal for consideration by Council. PeggMilfeld, 6443 Golden West, offered a citizen's opinion on thie issue, She stated she has not had any difficulty finding a store located at a crossroad such as Rosemead Boulevard and Las Tunas Drive and tends to agree that a large sign is sometimes a detraction. Further, her husband is in the sign building business and feels that a sign does not have to stand 35 feet to be easily located. Council Minutes, April 6, 1976 - Page 2 Following brief discussion, Councilman Tyrell moved to continue the public hearing to the regular City Council meeting to be held May 4, 1976 with the matter also being a part of the Study Session to be held May 3, 1976, seconded by Councilman Greenberg and carried. 7 PUBLIC HEARING: TENTATIVE TRACT NO. 32644 - 9925 -41 Garibaldi City Manager Koski presented background information stating the Planning Commission, at their regular meeting of 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, The subject property is located between Agnes and Rowland on the north side of the street and presently consists of five parcels fronting 250 ft. on Garibaldi Avenue. The project contains a gross area of 1.72 acres and it is proposed to subdivide the properties into eight parcels, with a single- family residence on each parcel. City Council, at their regular meeting of March 16, 1976, set public hearing for April 6, 1976. Mayor Gilbertson declared the public hearing open. Councilman Merritt moved to include the Planning Commission minutes as part of the record, seconded by Councilman Dennis and carried. Planning Director Dragicevich gave staff report stating that the existing houses would be demolished and removed; that the proposed cul -de -sac will have 36 ft. of paved road surface and 5 ft. of sidewalk on each side of the street; each lot will have at least 7200 sq. ft. The Planning Commission recommended approval of the Tentative Tract subject to 22 conditions. An Environmental Impact Report was prepared by a consultant with respect to the subdivision. John Sell, 2023 Bella Vista, applicant, stated his case was well presence by the Planning Director and that the houses built on the new parcels will be high- quality construction using either shake or Spanish tile roofing material. He feels the project would be a credit to the neighborhood and is willing to answer any questions Council might have. Russell Bloom, 9925 Garibaldi, spoke in favor of the project stating e as a small older home used for income purposes and cites difficulty in attracting tenants who are unwilling to take care of the property for the minimum amount of rent he is able to collect. Helen Cameron, 9916 Garibaldi, stated she is not against the pro- tect, ut 1s interested in the undergrounding of utilities. She said the transformers that were installed near her home five years ago were still noisy and requested relief from the Council. Councilman Merritt moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Merritt moved to find the measures as listed in the Environmental Impact Report mitigates satisfactorily the project's adverse impact such as additional traffic, air pollutants and energy consumption, and that socio- economic factors outweigh cer- tain adverse effects on the basis there is availability of addi- tional dwellings where there is a shortage of housing and the type and price of new housing units will be tailored to the income level of Temple City residents, seconded by Councilman Greenberg and carried. Councilman Merritt moved that the proposed subdivision map is con- sistent with the City general.plan, and that there are no precise plans applicable to said map; that the design and improvement of the map is consistent with the City's general plan, and that there are no precise plans applicable to said map; that the site is physically suitable for the proposed type and density of develop - ment; that the design of the subdivision and the proposed improve- ments are not likely to cause substantial environmental damage or 1 1 Council Minutes, April 6, 1976 - Page 3 to substantially and avoidably injure fish or wildlife or their habitat or cause serious public health problems; that the design of the subdivision and the type of improvement will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; that the dis- charge of waste from the proposed subdivision into the existing sewer system would not result in violation of existing require- ments prescribed by a California regional water quality control board pursuant to Division 7 of the Water Code, seconded by Coun- cilman Greenberg and carried. Councilman Merritt moved to approve Tentative Tract No. 32644 as recommended by Planning Commission Resolution No. 76 -686PC with the understanding the developer shall comply with the conditions outlined in said Resolution, seconded by Councilman Dennis and carried. 8. NORTHEAST REGIONAL BURGLARY INVESTIGATION TEAM (NERBIT) City Manager Koski presented background information stating City Council, at their regular meeting held March 2, 1976, had requested additional information concerning NERBIT and the reasons for the increase in hard match funding for the 1976 -77 year. Memos were received from Captain Hansen of the Sheriff's Department and Chief Robert McGowan of the Pasadena Police Department, as well as a re- quest from the City of Pasadena for payment in the amount of $418 for the City's 1975 -76 participation in NERBIT. Councilman Dennis moved to adopt Resolution No. 76 -1538 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING CONTINUED PARTICIPATION IN THE NORTHEAST REGIONAL BURGLARY INVES- TIGATION TEAM for the 1976 -77 fiscal year and appropriate $418 for the. City's 1975 -76 participation and amend the adopted budget accordingly, seconded by Councilman Greenberg and carried. 9. ACCEPTANCE OF WORK - 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 presented background information stating City Council, at their regular meeting of January 20, 1976, awarded the contract for construction of curb, gutter and driveway approaches on Golden West Avenue, within the above limits, and for the con- struction of sidewalk on the south side of Live Oak from Golden West to Baldwin, to West Coast Paving Company of Covina. The project has been completed and the Superintendent of Streets has recommended that the work be accepted. Councilman Greenberg moved to accept the completed work and approve and authorize the additional work accomplished under Cash Contract 8879X; authorize payment of $13,507.92 to West Coast Paving of Covina; authorize the filing of Notice of Completion; and authorize the release of $1,501 at the end of the 35 -day lien period, seconded by Councilman Merritt and carried. NEW BUSINESS: 10. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION: A. REQUEST TO CONDUCT CONCERT, SELL TICKETS AND CONDUCT DRAWING AT LIVE OAK PARK - BRIGHTER SIDE SINGERS City Manager Koski presented background information stating the Brighter Side Singers of Temple City High School have requested the use of Live Oak Park to conduct a concert and drawing for an auto- mobile from 2 p.m. to 4 p,m. on Saturday, June 12, 1976. Also re- quested is permission to sell tickets at the park on that day. A certificate of insurance from the Temple City Unified School District is on file with the City Clerk's office. Council Minutes, April 6, 1976 - Page 4 Councilman Merritt moved to approve the request of the Brighter Side Singers for use of Live Oak Park on June 12, 1976, from 2 p.m. to 4 p.m., and to sell tickets at the park on that day, seconded by Councilman Dennis and carried. B. REQUEST FOR USE OF TEMPLE CITY PARK - Y.M.C.A. INDIAN PRINCESSES City Manager Koski presented background information stating a re- quest was received from the Temple City Y.M.C.A..Indian Princesses for the use of Temple City Park to conduct a Costume Review on Saturday, April 24, 1976 from 1 p.m. to 3 p.m. The organization conducted a similar event in the park last year and it proved to be very successful. Councilman Greenberg moved to approve the request of the Y.M.C.A. Indian Princesses for use of Temple City Park on April 24, 1976 subject to conditions for.park use and the filing of an insurance certificate naming the City as additionally insured, seconded by Councilman Merritt and carried. C. BICENTENNIAL LANDSCAPE PROJECT - CUB SCOUT DEN #4, PACK #156 City Manager Koski presented background information stating a re- quest was received from the leaders of Den #4, Pack #156 of Longden School to implement a landscape planting project of a bicentennial nature in Temple City Park. The organization will supply the man- power, plants and tools for the project. Councilman Merritt moved to approve the request of Cub Scout Den #4, Pack #156 of Longden School to implement a landscape planting project of a bicentennial nature in Temple City Park, seconded by Councilman Greenberg and carried. 11. APPEAL FROM PLANNING COMMISSION DECISION - DESIGNATION OF PRINCIPAL RESIDENCE, 6137 -39 AVON AVENUE City Manager Koski presented background information stating the subject property contains two residential dwellings; the front one is the larger of the two. The rear one is occupied by the applicant's family. The applicant lived on the property, for 11 years and is considering her return to the same residence, and therefore requests that the smaller unit be designated as the principal:°residence. The Planning Commission, at their regular meeting held March 9, 1976 up- held the Planning Director's decision that the front house should be determined as the principal residence. The applicant is submitting an appeal from the Planning Commission decision to the City Council for their final determination. Councilman Greenberg moved to set appeal hearing for April 20, 1976 to determine the principal residence, seconded by Councilman Dennis and carried. 12. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT POLICY AND PROCEDURE ON BUS STOP PLACEMENT City Manager Koski presented background information stating that the City Council had received a policy for the establishment of bus stops and zones from the Southern California Rapid Transit District with requests for comments to be received prior to their April 21 Board of Directors meeting. Councilman Greenberg moved to refer the matter to the Traffic Com- mission to be held at their regular meeting scheduled for April 7, 1976 and to forward a memo to the City Council outlining their comments, seconded by Councilman Merritt and carried. 13:_ APPROVAL OF WATER SYSTEM - TRACT NO.. 31886: 5422 -32 McCulloch City Manager Koski presented background information stating the water main system and appurtenances for the above tract has been inspected by the City Engineer and that the work has been completed 1 IIIThe City Council recessed at 8:20 p.m. to meet as the Community Redevelop- ment Agency, all members being present, approved the minutes of the regular meeting held March 16, 1976; approved Pacific Telephone Company's request for easement and payment for replacing aerial cable with underground cable subject to General Counsel's approval; set public hearing April 20, 1976 in RAB Case No. 76 -03; adopted Resolution approving warrants and demands. Minutes are set forth in full in the minutes of the Agency. Council Minutes, April 6, 1976 - Page 5 14. in accordance with plans and specifications approved by, and in a manner satisfactory to him. However, the water system is deemed incomplete until the work is approved by the City Council. Councilman Merritt moved to find that all the work has been com- pleted as required by the Subdivision Water System Agreement for Tract No 31886; release the Subdivision Water System Agreement between the City and the subdivider, and the Bond for Faithful Performance for the tract in the amount of $3,500 after 35 -day lien period; retain Labor and Materials bond until there has been full compliance with all legal requirements established for this type of bond, seconded by Councilman Dennis and carried. RESOLUTION NO. 76 -1539: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 76 -1539 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis and carried. 15. RESOLUTION NO. 76 -1540: WARRANTS & DEMANDS, Demand Nos. 3884 thru 3988 in the amount of $123,801.03 Councilman Tyrell moved to adopt Resolution No. 76 -1540 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $123,801.03, DEMAND NOS. 3884 THRU 3988, seconded by Councilman Dennis and carried, Councilman Greenberg abstaining regarding check number 3949. 16. COMMUNICATIONS: A. Donation of four (4) ash trees - Mr. & Mrs. Evan Jones City Manager Koski presented background information stating the City had received an offer to donate four ash trees from Mr. & Mrs. Evan Jones and that if accepted, the trees would be planted in Temple City Park. Councilman Merritt moved to accept the offer of donation of the four ash trees, with appreciation, seconded by Councilman Green- berg and carried. B. Claim for Damages - Gisele's Antiques,-5652 N. Rosemead Boulevard City Manager Koski provided background information stating staff had received a letter from Richard Dear of Musick, Peeler & Garrett, Attorneys at Law, on behalf of Mr. & Mrs. Art Mahfuz, who are engaged in business as Gisele's Antiques and Objects of Art at 5652 N. Rose- mead Boulevard for damages alleged to have occurred during January and February of this year due to performance of certain excavation work. Councilman Greenberg moved to deny the claim and forward to the City's insurance carrier, seconded by Councilman Dennis and carried. 17 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward RECESS TO CRA RECONVENE AS CITY COUNCIL: 18. ACTION ON REQUEST BY CRA: There were no requests. Council Minutes, April 6, 1976 - Page 6 19. MATTERS FROM CITY OFFICIALS: A. Request to Attend CalChapter Conference of American Institute of Planners, April 21 -24 - Sacramento City Manager Koski provided background information stating the American Institute of Planners will hold their annual CalChapter Conference this year in Sacramento on April 21 -24, 1976. Funds have been allocated in the 1975 -76 budget to cover registration, subsistence and transporta- tion for the Planning Director to attend in the amount of $285, Councilman Greenberg moved to approve the attendance of the Planning Director at the CalChapter Conference of American Institute of Plan- ners, April 21 -24, 1976 in Sacramento, seconded by Councilman Merritt and carried. B. Memo from Parks and Recreation Commission 1. Land Use Plan for San Gabriel Valley Planning Unit City Manager Koski presented background information stating the Parks and Recreation Commission, at their special meeting held March 30, 1976, reviewed the San Gabriel Valley Planning Unit management alter- natives for development of the Angeles National Forest. It was the unanimous opinion of the Commission that alternative "E" offers the greatest opportunity for the largest number of people while still re- taining an emphasis on the preservation of -the natural landscape and wildlife. The United States Forest Service is asking for comments on the various alternatives by April 15, 1976. Councilman Dennis moved to approve the recommendation of the Parks and Recreation Commission regarding alternative "E" of the Land Use Plan for the San Gabriel Valley Planning Unit and authorized staff to pre- pare a letter transmitting Council's views on the subject to the United States Department of Agriculture, Forest Service, seconded by Council- man Greenberg and carried. 2. Parks and Recreation Day Proclamation Councilman Greenberg moved to approve request from the County Board of Supervisors to proclaim May 23, 1976 as "Parks and Recreation Day" and authorized staff to conduct a suitable activity at Live Oak Park, seconded by Councilman Merritt and carried. C. Request for Authorization to Recruit for Sumner Recreation Program Councilman Merritt moved to approve request from the Parks and Recrea- tion Director for authorization to begin recruiting for the department's summer recreation program prior to the appropriation of the necessary funds to be recommended as a part of the 1976 -77 City budget as out- lined in memo dated March 31, 1976, seconded by Councilman Dennis and carried., D. Kauffman Avenue, South of Sparklett Street (Adjacent to Tentative Tract #31181 - Weber Development) Acquisition of Right -of -Way City Manager Koski presented background information stating City Council, at their regular meeting of February 17, 1976, instructed the Superintendent of Streets to negotiate with property owners for the acquisition of right -of -way necessary to continue Kauffman Avenue as a through street from its present terminus south of Spark - lett Street to Lower Azusa Road, which is adjacent to the proposed Weber Development tract, An appraisal report is needed to negotiate the acquisition of right -of -way in order that the City may construct curb, gutter, driveways and reconstruct pavement. Staff has obtained an appraisal estimate from Larry Brown, Real Estate Appraiser and Counselor in the amount of $1,200. Councilman Merritt moved to authorize the preparation of an appraisal report by Larry Brown in the amount of $1,200 and amend the budget accordingly, seconded by Councilman Dennis and carried. 1 1 Council Minutes, April 6, 1976 - Page 7 E. Gidley Street - Acquisition of Right -of -Way City Attorney Martin advised the Council . he is ready to proceed with negotiations for the acquisition of right -of -way for widening of Gidley Street and required Council's approval. Councilman Dennis moved to authorize the City Attorney to commence negotiations for the acquisition of right -of -way for widening Gidley Street, seconded by Councilman Merritt and carried. Fa Councilman Dennis asked for staff input on a recent League of California Cities memo regarding County Service Area outlining the pros and cons of what would happen if the law goes into effect. He also directed Council's attention to the fact that Bakersfield has become the first City to withdraw from the Community Development Block Grant program due to unhappiness over the program's emphasis and HUD requirements for affirmative action hiring. G. Councilman Greenberg indicated he had recently purchased a smoke detector through the Monrovia Fire Department at a substantial dis- count. He would like to see a similar program implemented in Temple City so that the citizens would take advantage of the savings and purchase this potential life- saving device. Ho Councilman Merritt inquired if the Traffic Engineer would look into the possibility of marking the pedestrian crossing on Temple City Boulevard, north and south of Woodruff. He indicated there is a sign approximately one -third of a block south of Woodruff on the east side of the street, but it is placed in such a manner that people do not see it, I. Mayor Gilbertson apprised Council that the Parks and Recreation Department had received a check from the Temple City Host Lions Club in the amount of $125 to be used for the purchase of candy and prizes for the Annual Easter Egg Hunt. Councilman Greenberg moved to accept the donation of $125 from the Host Lions Club, with appreciation, seconded by Councilman Merritt and carried. Mayor Gilbertson also directed Council's attention to the next San Gabriel Valley Association of Cities meeting to be held Thursday, April 15, 1976 at T & J Restaurant with Ray Remy, the Executive Director of the Southern California Association of Governments as the guest speaker. Mr. Gilbertson indicated he and the City Manager had visited Dr. Walker's new animal hospital and that every precaution had been taken to block out noise and felt it was a very nice facility. J. Councilman Tyrell referred to a communication from the Office of Emergency Services regarding recent land uplift in Southern California. He felt that if there were a major earthquake, one with a magnitude of 8 or more, occurring today in this area, the probable losses would be substantial due to the fact that Temple City is closer to the fault line than Los Angeles. 20. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis, Council adjourned at 8:52 p.m. Next meeting of the City Council will be held Tuesday, April 20, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Dep ty City Cler