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HomeMy Public PortalAboutCity Council_Minutes_1976-06-01_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 1, 1976 INITIATION: 1. Mayor Greenberg called the regular meeting of the City Council to order at 7:33 p.m. on Tuesday, June 1, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Dean Grelling, Temple City Southern Baptist Church, 5221 El Monte Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: Present: Councilmen - Dennis, Gilbertson ,Merritt,Tyrell,Greenberg Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Director of Parks and Recreation Kobett 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the regular meeting of the City Council held May 18, 1976, as written, seconded by Councilman Merritt and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. AMENDMENT TO ZONING CODE RE: NOISE ORDINANCE City Manager Koski presented background information, stating the recently adopted Noise Element of the General Plan contains per- missible noise levels by various land use categories throughout the City and recommends adoption of an ordinance to implement recom- mended standards. The Planning Commission held public hearing and has recommended a draft ordinance with reasonable standards for review; City Council, at their regular meeting of May 4, 1976, 'set public hearing June 1, 1976 to consider the draft ordinance. Mayor Greenberg declared the public hearing open. Planning Director Dragicevich gave staff report, advising the proposed ordinance was general in nature with standards including the intensity of the noise; whether the nature of the noise is usual or unusual; whether the origin of the noise of natural or unnatural source; and the duration of the noise and whether recurrent, intermittent or con- tinuous. The ordinance also provides for exclusions. Mr. Dragicevich advised that the noise ordinance from the City of Arcadia was provided as a source of reference,. City Attorney Martin advised there are three alternatives Council may wish to consider; 1) adoption of the draft ordinance; 2) adoption of an ordinance which would be more subjective; or 3) a combination of the subjective and objective type of ordinance. Following brief discussion as to when the nature of noise is usual or unusual, and the exclusion of activities of the federal, state or local governments while performing governmental activities, Mayor Greenberg invited those wishing to speak to the subject to come forward. Kenneth Gillanders, 4831 Ryland, stated he felt the proposed ordinance is pre - empted by the state in most instances since this ordinance is written closely paralleling the Penal Code, and inquired who could determine what is usual or unusual noise. Council Minutes, June 1, 1976 - Page 2 Lloyd Voorhes, 5332 Farago, felt the ordinance was too loosely written, without means for enforcement, and that it would create problems. Pat Owens, 5341 Santa Anita, said that he is often irritated by noisy motorcycles and their sale requires conformation to a certain decibel level; however he is concerned that only the law abiding citizen will be affected by the proposed ordinance. In his opinion, each patrol car should be equipped with the proper instrument to measure noise in order to enforce a noise ordinance. Veronica Taft, 5326 Farago, stated she hoped the ordinance would be written to control and enforce motorcycle noise on private property. There being no one else come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Merritt and carried. City Attorney Martin advised that in considering the proposed ordinance, Council may wish to refer the matter back to the Planning Commission. The greatest number of complaints received at City Hall involve noise of one type or another; that an objective ordinance would be difficult to enforce. Councilman Merritt moved to certify the Negative Declaration of Environmental Impact,: seconded by Councilman Dennis and carried. Councilman Gilbertson was of the opinion the matter should be continued until Council has made a determination as to whether they want to take an objective or subjective approach to a noise ordinance. Councilman Tyrell felt the City should consider a combination of the two types of ordinance, and moved to reopen the public hearing and continue the matter to July 6, 1976 and refer back to the Planning Commission a draft ordinance to be prepared by the City Attorney, seconded by Councilman Dennis and carried. 7. PUBLIC HEARING: 7:30 p.m. ACQUISITION OF RIGHT OF WAY - GIDLEY STREET, SOUTH SIDE, WESTERLY OF TEMPLE CITY BOULEVARD City Attorney Martin advised that pursuant to Council authorization he had written to the five property owners offering the, appraised value for the acquisition of 11.35 feet of right of way on Gidley Street, asking for their response indicating whether they wish to sell. One response was received and a. second letter was sent advising a public hearing would be held June 1, 1976 to determine 1) the desirability of passing a resolution of intention to acquire the pro- perty by eminent domain proceedings; 2) the :Environmental Impact of the project; and 3) the desirability of widening Gidley Street as proposed. Mayor Greenberg declared the public hearing open. There being no further staff report, Mayor Greenberg invited those wishing to speak to the issue to come forward. Eugene Oska, Esq., attorney for Mr. Kavanagh, stated the existing street has a sudden narrowing which is dangerous and a temporary remedy by utilizing 11.35 feet will not improve the situation; the only appropriate method would be to widen the street and make it conform to the street existing to the left, otherwise the City will be liable for a public street which has a sudden narrowing. His client, Mr. Kavanagh, is opposed to the proposed plan. Mr. Stan Christensen, Natter Manufacturing Co., agreed that the proposal is a temporary measure, but that he is in favor of anything to help widen the street. There being no others come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Dennis and carried. Council Minutes, June 1, 1976 - Page 3 Councilman Dennis moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Merritt and carried. Councilman Gilbertson felt the proposed acquisition was not a solution to the problem except to give control of the existing portion of the street to the City. Councilman Tyrell felt the temporary solution is undesirable and the City should wait until the property owners are interested in assisting the City to acquire the necessary right of way to widen the street. Councilman Merritt stated he did not feel the acquisition of 11.35 feet is a solution to the problem. In answer to Councilman Dennis` question, City Attorney Martin stated there may be some liability on the part of the City in acquiring the 11.35 feet, which now lies primarily with the property owners. Mayor Greenberg felt it was not in the best interest of the public to acquire 11.35 feet at this time; that more right of way is necessary to improve the street. Councilman Tyrell moved to rescind the offers made to the five property owners for acquisition of 11.35 feet of right of way, seconded by Councilman Merritt and carried. 8 ACCEPTANCE OF WORK CONTRACT NO. 1 - PARKING LOT, LIVE OAK PARK A. M..PAVING COMPANY City Manager Koski presented background information, stating the °City Council, at their regular meeting held February 3, 1976, awarded contract to A. M. Paving Company for the construction of parking lot, sidewalk and masonry wall in Live Oak Park; the work has been completed and inspection conducted by Recreation Systems, Inc. and the County Road Department who recommend its acceptance, subject to approval of "as- built" plans for minor adjustments. Councilman Gilbertson moved to accept the work as recommended by Recreation Systems, Inc. and the Los Angeles County Road Department, subject to approval of the "as built" plans, and authorize payment in the amount of $9,652.68, and to authorize the filing of Notice of Completion and release of 10% retention at the end of the 35 day lien period, seconded by Councilman Dennis and carried. 9 REQUEST FOR EXTENSION OF TIME - TENTATIVE TRACT MAP NO. 31002 City Manager Koski presented background information, stating the City Council, at their regular meeting held May 18, 1976, reviewed a. request for an extension of time relating to Tentative Tract Map No. 31002. located at 5323 -5329 North Santa Anita Avenue and granted an extension to June 15, 1976 pending Planning Commission review and recommendation. The Planning Commission, at their regular meeting of May 25, 1976 reviewed the developer's request and recommended a one year extension of time for filing the Final Tract Map. Councilman Gilbertson stated the extension would be a compromise to allow him time to build 11 condominiums rather than the present 9 apartment units. Councilman Dennis stated he would be in favor of granting the extension. Councilman Gilbertson moved to grant an extension for a one year period for filing Final Tract Map No. 31002, seconded by Councilman Merritt and carried. 1 Council Minutes, June 1, 1976 - Page 4 10. ACQUISITION OF RIGHT OF WAY: LOWER AZUSA ROAD City Manager Koski presented background information, stating an offer had been made to two property owners, located at 10019 and 10047 Lower Azusa Road for acquisition of right of way. The offers have been accepted as set forth in memo dated May 24, 1976. Councilman Dennis moved to approve and authorize payment for acquisition of subject properties as set forth in memo dated May 24, 1976 and on file in the City Clerk's office, seconded by Councilman Gilbertson and carried. 11. FINAL MAP APPROVAL - TRACT NO. 31181: 9667 through 9705 Lower Azusa City Manager Koski advised Tentative Tract Map No. 31181 was approved by the City Council at their regular meeting held February 17, 1976, subject to conditions as set forth in Planning Commission Resolution No. 76- 673PC. The City Engineer and the Subdivision Committee have recommended that Final Map No. 31181 be approved. Councilman Merritt moved to approve Final Tract Map No. 31181 with staff recommendations 1 through 5 as set forth in memo dated May 27, 1976 and on file in the City Clerk's office, seconded by Councilman Dennis and carried. 12. RESOLUTION NO. 7.6 -1553: OPPOSING'PROPOSITIONS "R" AND "T" City Attorney Martin presented Resolution No. 76 -1553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OPPOSING PROPOSITIONS "R" AND "T" prepared under Council instruction by title only. Councilman Gilbertson moved to adopt, seconded by Councilman Tyrell and carried. NEW BUSINESS: 13. PROPOSED BUDGET - FY 1976 -77 Councilman Tyrell moved to receive the proposed city budget for fiscal year 1976 -77 and to set June 7 and 10 as study sessions, and June 15, 1976, 7:30 p.m. as public hearing, seconded by Council- man Merritt and carried. 14. APPEAL TO TRAFFIC COMMISSION DENIAL OF OVERNIGHT PARKING PERMIT City Manager Koski advised the Traffic Commission, at their regular meeting held May 5, 1976, reviewed application of James S. Clements, 6019 Golden West Avenue, for a permit to park on the street over- night, for the calendar year. Staff investigation had disclosed that the unit at the rear of the garage, which Mr. Clements is renting was constructed as a rumpus room and is not a legal rental and Traffic Commission denied the application for a permit. Mr. Clements has exercised his right to appeal and the matter is before City Council for consideration. Following brief discussion with regard to an illegal rental being responsible for the need for additional parking, Councilman Merritt moved to deny the appeal, seconded by Councilman Dennis and carried. 15 SEWER PETITION RE LOMA AVENUE City Manager Koski advised the City has received a request that a petition for the installation of sanitary sewers be instituted under the 1913 Act of Streets and Highways Code for Loma Avenue, north of Sereno Drive; the cost to have the City Engineer update the cost, field check the district, and prepare the petition would be $200. Councilman Gilbertson moved to authorize staff to proceed with Loma Avenue sewer district petition, seconded by Councilman Merritt and carried. Council Minutes, June 1, 1976 - Page 5 16. CITY'S INSURANCE COVERAGE City Manager Koski presented the proposed insurance program pursuant to Council's authorization to negotiate with a single broker for the fiscal year 1976 -77 coverage, and advised the City Attorney has re- viewed all policy forms and quotes and concurs with the adequacy of the carriers quoted and has approved the insurance forms. In response to Councilman Dennis' question regarding the status of the study being conducted by the California Contract Cities Association, Mr. Koski advised the committee is just commencing their study. Councilman Merritt moved to approve the proposed insurance program as set forth in memo dated May 28, 1976 and on file in the City Clerk's office, and authorize the binding of the insurance coverage in the amount of $25,210, seconded by Councilman Dennis and carried, Council - man Gilbertson abstaining. 17. APPROVAL OF FIREWORKS PERMITS - Applications from local charitable organizations to sell fireworks City Manager Koski advised that pursuant to Municipal Code Section 3100 et. seq. and City Council policy for permits for fireworks stands, applications have been received from 10 organizations. All have provided necessary insurance, fees and deposits. Councilman Gilbertson moved to grant approval of fireworks stand applications 1 through 10, seconded by Councilman Dennis and carried. 18. RESOLUTION NO. 76 -1554: WARRANTS & DEMANDS, Demand Nos. 4344 thru 4450 in the amount of $79,226.34 Councilman Gilbertson moved to adopt Resolution No. 76 -1554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $79,226.34, DEMAND NOS. 4344 THRU 4450, seconded by Councilman Dennis and carried, Mayor Greenberg noting his non- partici- pation with respect to Check No. 4415. 19. COMMUNICATIONS: A. Los Angeles County Board of Supervisors Request City to Participate in the 25c bus fare subsidy program, City Manager Koski presented communication from Clerk of the Board requesting Council's consideration of the Board of Supervisor's re- quest that the cities in the County share in the subsidy of the 25 cent bus fare program on a per capita basis, which for Temple City would be approximately $147,639. Councilman Merritt moved to deny the Board of Supervisor's request and send a letter over the Mayor's signature to support an increase in the bus fare, seconded by Councilman Tyrell and carried. B. Claim for Damages - Brenda Kane, 8845 Hermosa Drive City Council received a claim for damages from Brenda Kane in the amount of $104.00 for damages to her automobile alleged to have occurred April 21, 1976 by a fallen limb from a parkway tree. Councilman Tyrell moved to deny the claim and refer to City's insurance carrier, seconded by Councilman Gilbertson and carried. C. City Council received and "filed a communication from Mrs. Ben Parker requesting the City consider favorably the request from H.O.Y. to include $5,000 in the 1976 -77 budget for their operations. D. Bicentennial Commission - Request to use Live Oak Park, Sunday, June 13 for Flag Raising Ceremony Councilman Tyrell moved to approve the request by Temple City Bicentennial Commission to conduct a special flag raising ceremony 1 1 Council Minutes, June 1, 1976 - Page 6 in honor of Flag Day at Live Oak Park, Sunday, June 13, 1976, and accept a plaque commemorating the Bicentennial year as set forth in their letter dated June 1, 1976, seconded by Councilman Merritt and carried, 20. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Mary Torres, Member of the Temple City Board of Education, presented by introduction a delegation of School Board members, P.T.A. Presidents, and school administrative staff, and read a letter requesting Council's monetary support of the H.O.Y. Community Clinic of Temple City. Mr. William Schmidt, Principal, Oak Avenue Intermediate School, stated the H.O.Y. provides a real service in our community and recalled the number of community leaders who support the program and care to see it continued. Councilman Tyrell inquired whether the Temple City School Board had made a contribution to H.O.Y. from their Community Services Fund and whether the Board had read the independent evaluation of H.O.Y. pre- pared by Michael McAleenan. Councilman Tyrell also stated there is a new counseling service serving Temple City and Arcadia through the West San Gabriel Valley Juvenile Diversion Project which should be included in budget deliberations and evaluation. Mrs. Marcia Dennis, 5310 Welland, asked Council to consider this item very carefully in their budget deliberations in that it does help the youth of the community. Mr. Jerry Seibert, 6148 Hart, stated he had asked Mr. Boehne, Principal of First Lutheran School to attend and make some comments regarding the Student and the Law Program at that school. Mr. Edmund Boehne, stated he was quite pleased with the Student and the Law Program; that in addition to presenting the relative value of the law to the students, there is the added bonus of the law enforcement officer coming on campus and the younger children having an opportunity to visit with him which presents a positive outlook of the law enforcement officer. Mr. William Schmidt stated Oak Avenue is completing another successful year with the Student and the Law Program as a part of the Social Studies curriculum. RECESS TO CRA: The City Council recessed at 9:15 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held May 18, 1976; approved modification of Conditional Use Permit No. 70 -317 as it relates to Burger King Restaurant; approved the Reimburse- ment Agreement between the Agency and developers for paving and landscaping within the parking lot; continued the proposed improvement to the Gateway Market building located at the southwest corner of Broadway and Rosemead Boulevard; and adopted resolution approving warrants and demands: Minutes are set forth in full in the minutes of the Agency. IRECONVENE AS CITY COUNCIL: 21. ACTION ON REQUEST BY CRA: There was no action to be taken. 22. MATTERS FROM CITY OFFICIALS: A. Renewal of Agreement: L & L Gardening City Manager Koski presented a proposal to continue the existing contract with L & L Gardening at no increase in cost, the contract 1 1 1 Council Minutes, June 1, 1976 - Page 7 being for $415 per month. The Maintenance Superintendent reported that the level of service and cooperation of the contractor over the past year has been good. Councilman Dennis moved to renew the contract with L & L Gardening for maintenance of median islands on Santa Anita Avenue and Baldwin Avenue for the fiscal year 1976 -77 in the amount of $4,980 per year and authorize the Mayor and City Clerk to sign, seconded by Mayor Greenberg and carried. B. Councilman Gilbertson stated that the Federal, State and County governments are involved in public social services and the request to City Council to allocate $5,000 to H.O.Y. is a request for the City government to become involved in providing public social services and he is not sure he would want to open the door to funding such services. He felt that H.O.Y. may well be a fine service to the community; however it is an area of deep concern to him that the City not create the situation the County now faces with every special interest group making demands on public funds. Councilman Gilbertson further stated he is not satisfied with the financial projections given by H.O.Y. and until he has received a satisfactory report he would be opposed to funding their program. C. Mayor Greenberg stated he was pleased with the attendance at the first Neighborhood Forum held on May 26 at the Bethlehem Lutheran Church. 23, ADJOURNMENT: On motion by Councilman Gilbertson, seconded by Councilman Merritt and carried, meeting adjourned to a Study Session to be held Monday, June 7, 1976, at 7:30 p.m. in the City Hall. Next regular meeting of the City Council will be held Tuesday, June 15, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST :. C ie Deputy City C er