HomeMy Public PortalAboutCity Council_Minutes_1976-06-15_Regular 1976III 2. The invocation
Church, 9123 E.
INITIATION:
1. Mayor Greenberg
order at 7:30 p
of the City Hal
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 15, 1976
called the regular meeting of the City Council to
.m; on Tuesday, June 15, 1976, in the Council Chamber
1.
was given by Reverend R. E. Schulz, First Lutheran
Broadway.
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, Director of Parks and Recreation
Kobett, Planning Director Dragicevich
APPROVAL OF MINUTES:
Councilman Merritt moved to approve the minutes of the regular
meeting of the City Council held June 1, 1976, as written, seconded
by Councilman Dennis and carried.
Prior to consideration of the regular agenda items, Mayor Greenberg
introduced Miss Maggie Harris who was recently named Miss Temple City.
IIIMayor Greenberg . also at this time displayed a special Bicentennial
Message commending the City of Temple City for playing a special part in
this great national celebration signed by President Gerald R. Ford.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS: INSTALLATION OF
STREET LIGHTS - HALLOWELL AVENUE, 4800 -4900 block (Pursuant to
Chapter 27, Streets and Highways Code)
City Manager Koski presented background information, stating the
petitions for street lights were returned to the City containing
the signatures of property owners representing 67.5% of the front
footage of subject block; City Council at their regular meeting of
May 18, 1976, set public hearing June 15, 1976. Seven 7,000 lumen
lights on six steel electroliers, using one existing wood pole, is
estimated at $1,179; energy and maintenance for one year is $531.84.
Staff report includes a list of property owners costs reflecting a
one -time assessment based upon estimated costs and the subsequent
annual energy and maintenance charges after annexation into Zone A.
Mayor Greenberg declared the public hearing open. Assistant City
Manager Biel advised that property located at 4933 Hallowell,
representing 8% of the front footage of the block is owned by a
developer who has an approved tentative tract and as a condition
of the development is required to install street lighting; a negative
declaration of environmental impact was prepared and posted in
accordance with state requirements; property owners have been notified
of the proceedings pursuant to Chapter 27 of the Streets and Highways
Code.
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There being no one wishing to speak to the issue, Councilman Dennis
moved to close the public hearing, seconded by Councilman Merritt
and carried.
Councilman Merritt moved to certify the negative declaration of
Environmental Impact Report, seconded by Councilman Dennis and carried.
Council Minutes, June 15, 1976 - Page 2
Councilman Merritt moved to find the project in the best public
interest and instruct the Superintendent of Streets to cause the
work to be done and to report the cost of the installation when
the project has.been completed, and to instruct the Superintendent
of Streets to cause to be prepared a legal description of those .
properties abutting Hallowell Avenue in the 4800 -4900 block and
initiate proceedings to annex the area into Zone A of the Lighting
District, seconded by Councilman Dennis and carried.
PUBLIC HEARING: 7 :30 p,m. ACQUISITION OF RIGHT OF WAY - LOWER
AZUSA ROAD - RECONSTRUCTION', PHASE II
City Manager Koski presented background information, stating as part
of the Lower Azusa Road improvements project, the intersection of
Baldwin Avenue and Lower Azusa Road is to be realigned as the design
speed for northbound traffic on Baldwin Avenue is hazardous for which
additional right of way is required. An offer to purchase the
property was made pursuant to the appraisal report prepared by Larry
Brown, a letter -was received June 14 stating the owner's intent to
accept the City's offer.
Mayor Greenberg declared the „,•public hearing open. There being no one
come forward to speak, Councilman Dennis moved to close the public
hearing, seconded by Councilman Merritt and carried,
Councilman Merritt moved to certify the Environmental Impact Report
is covered in the basic Environmental Impact Report for Lower Azusa
Road reconstruction project, seconded by Councilman Dennis and carried.
Councilman Merritt moved to find the subject acquisition is in the best
public interest and adopt Resolution No, 76 -1552 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING AND DETERMINING
THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND
ALL USES APPURTENANT THERETO (LOWER AZUSA RIGHT OF WAY) seconded by
Councilman Dennis and carried.
8. PUBLIC HEARING: 7 :30 p.m. ACQUISITION OF RIGHT OF WAY - KAUFFMAN
AVENUE, SOUTH OF SPARKLETT
City Manager Koski presented background information, stating the
City Council, at their regular meeting of May 4, 1976 authorized
City Attorney to negotiate the acquisition of right of way for the
extension of Kauffman Avenue, south of Sparklett Street, Offers
were made pursuant to appraisal reports prepared by Larry Brown,
The acquisition of 50 -foot right of way will allow the City to replace
a poorly paved, substandard private street to conform to the standard
of maintenance for local city streets°
Mayor Greenberg declared the public hearing open. Assistant City
Manager Biel gave staff report, stating this matter came before the
City. Council when Council approved Tentative Tract Map 31181. If
acquisition is approved, there are several benefits to the City and
to the general neighborhood; namely, improved circulation, improved
drainage, street maintenance level brought up to City standards,
proposed reconstructionsto include resurfacing of existing asphalt
pavement and replacement of deteriorated concrete curb, gutter and
driveway approaches, improved access for public safety vehicles,
traffic enforcement for that portion of the street, eliminate standing
water, relieve property owner maintenance and personal liability,
and eliminate confusion of the general public regarding the status
of this particular section of roadway. The only negative factors are
increased traffic and regulating use of the public street including
overnight parking permits°
Mr. Gerald Cutler, 4900 Kauffman Avenue, stated the offer made by the
City was too ow based on the value of the land; that he did not wish
to lose the privilege of overnight parking on the street; and that if
the City acquired the right of way he would prefer to see the street
cul -de -sac at Lower Azusa Road.
Council Minutes, June 15, 1976 - Page 3
City Attorney advised that the purpose of the public hearing this
evening was to determine the desirability of adopting a resolution of
intention to acquire the property; the environmental impact of the
project; and the desirability of extending Kauffman Avenue as a
through street and not to negotiate price. Mr. Martin further stated
the City hires an independent appraiser to make an objective appraisal
of the property and the City relies on that information to make its
offer, Six of the eight parcels are encumbered with private street
easements and have street improvements; the other two parcels on
which there is not recorded private street easement, in the appraiser's
opinion, are presumed to have prescriptive easements in favor of the
neighboring property owners and therefore that portion of each property
was estimated to have a nominal value.
Mrs. Shirley Fradella, 4846 Kauffman Avenue, stated the two most
southerly properties have no easement over them and she did not under-
stand how, the City can provide a through street. City Attorney Martin
explained prescriptive easements for the benefit of those property
owners who were in attendance.
John Rollofson, 4850 Kauffman Avenue, stated he felt the total project
is fine, but felt the offer made by the City is too low and made a
counter offer. Mr. Rollofson was informed that a counter offer must
be in writing and submitted by each of the property owners.
There being no one else to speak to the issue, Councilman Gilbertson
moved to close the public hearing, seconded by Councilman Merritt and
carried.
Councilman Merritt moved to find that the positive environmental effects
of the project as listed in the Environmental Impact Report mitigates
satisfactorily the project's adverse impact such as increased traffic,
air pollutants, noise level, and that any adverse environmental impact
contained in the report is overruled and counterbalanced by economic
and social needs, objectives and concerns in providing this community
with private or public improvements of municipal import, seconded
by Councilman Gilbertson and carried.
Councilman Gilbertson moved to adopt Resolution No, 76 -1555 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING AND
DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES
AND ALL USES APPURTENANT THERETO (KAUFFMAN AVENUE RIGHT OF WAY),
seconded by Councilman Dennis and carried.
City Council requested the property owners submit a counter offer in
writing to the City Attorney for Council consideration.
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9 PUBLIC HEARING: 7:30 p.m. ADOPTION OF 1976 -77 BUDGET
Mayor Greenberg stated that in accordance with Section 2107 (7) of
the Temple City Municipal Code, the City Manager has prepared and
submitted to the City Council a proposed budget for the 1976 -77
fiscal year, commencing July 1, 1976 and Council has reviewed and
modified the proposed budget. The proposed expenditures total .
$1,926,951. Major capital outlay expenditures include completion of
Phase II of Lower Azusa Road Project and Park development.
Mayor Greenberg declared the public hearing open. There being no one
come forward to speak on the subject, Councilman Merritt moved to
close public hearing, seconded by Councilman Dennis and carried.
Councilman Merritt moved to adopt Resolution No. 76 -1556 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CITY
BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR
1976 -77, seconded by Councilman Gilbertson and carried.
Council Minutes, June 15, 1976 - Page 4
NEW BUSINESS:
10. RENEWAL OF CONTRACTS:
A. SAN GABRIEL VALLEY HUMANE SOCIETY - Fiscal Year 1976 -77
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III12. RESOLUTION NO. 76 -1558: WARRANTS & DEMANDS, Demand Nos. 4451 thru
4526 in the amount of $29,680.32
Councilman Merritt moved to adopt Resolution No. 76 -1558 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS,IN THE SUM OF $29,680.32, DEMAND NOS. 4451 THRU 4526, seconded
by Councilman Dennis and carried.
City Manager Koski advised Council that the San Gabriel Valley Humane
Society has requested renewal of Agreement with the City for an
additional year's period to provide animal control services to the
City on the existing basis.
Councilman Gilbertson moved to approve renewal of agreement with the
San Gabriel Valley Humane Society for a period of one year and autho-
rize'the Mayor and City Clerk to sign, seconded by Councilman Merritt
and carried.
B. PUBLIC RELATIONS COORDINATOR - Fiscal Year 1976 -77
City Manager Koski advised the City Council, in adopting the 1976 -77
budget, authorized expenditure of the funds reflected in extension
of agreement for service of Public Relations Coordinator for the City,
providing a total payment of $5,100 for a period of one year for
specified services on a twenty -four hours per month basis, including
the preparation of-the City Newsletter.
Councilman Dennis moved to approve renewal of agreement for Public
Relations Coordinator and authorize the Mayor and City Clerk to sign,
seconded by Councilman Gilbertson and carried.
11. RESOLUTION NO. 76 -1557: EMPLOYMENT OF PERSONNEL
Councilman Tyrell moved to adopt Resolution No. 76 -1557 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY
PERSONNEL, seconded by Councilman Merritt and carried.
13. COMMUNICATIONS:
A. Request for Temporary Closure of Rowland Avenue - Wendon Avenue
to Flaherty Street
City Manager Koski presented background information stating the City
had received a petition from the property owners on Rowland Avenue
between Wendon Avenue and Flaherty Street to close Rowland Avenue
within these limits from 4:00 to 11:00 p.m. on Sunday, July 4, 1976.
The Sheriff's Department and Fire Department will be notified of the
specifics as in the past. The property owners will be required to
clean the street prior to reopening at 11 p.m.
Councilman Merritt moved to approve request for temporary closure
of Rowland Avenue between Wendon Avenue and Flaherty Street subject
to above conditions, seconded by Councilman Gilbertson and carried.
B. Request for Temporary Closure of Ardsley Drive, east of.Temple
City Boulevard
City Manager Koski presented communication from property owners on
Ardsley Drive requesting temporary closure of their street south of
Sparklett Avenue from 4:00 p.m. to 10:00 p „m. on Sunday, July 4,
1976. The Sheriff's Department and Fire Department will be notified
of the specifics and property owners will be required to clean the
street prior to reopening at 10:00 p,m.
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Council Minutes, June 15, 1976 - Page 5
Councilman Gilbertson moved to approve request for temporary closure
of Ardsley Drive south of Sparklett, subject to above conditions,
seconded by Councilman Dennis and carried.
C. Temple City v. Theta Cable
City Manager Koski presented a communication from the City Attorney
outlining a settlement in the suit with Theta Cable of California
in their default of agreement with the City which would provide for
damages of $50 per day retroactive to February 1, 1976 to the date
of commencement of construction, the deadline of completion of con-
struction to become one year from the date of commencement of work.
The City Attorney feels it is a suitable settlement and still leaves
the door open for Theta Cable to construct a system.
Councilman Gilbertson moved to concur with settlement as set forth
in City Attorney's letter dated June 9, 1976, and authorize the City
Attorney to communicate the City's acceptance, seconded by Councilman
Merritt and carried.
14 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Harlos Gross, 6424 Golden West Avenue, expressed his appreciation for
Council and staff support and cooperation during his term as President
of the Chamber of Commerce.
Boyce O'Bannon, 10316 Olive Street, stated his concern regarding the
editorial in the Temple City Times June 10, 1976 issue which accused
some Councilmen of being arrogant. In his opinion, the remarks of
the press were uncalled for and the Temple City Councilmen are to be
commended for doing the best job of any community in the San Gabriel
Valley.
IIIRECESS TO CRA:
The City Council recessed at 8:31 p.m. to meet as the Community Redevelop-
ment Agency, all members being present; approved the minutes of the regular
meeting held June 1, 1976; deferred action until resubmitted on the proposed
free- standing sign for the car wash at the northeast corner of Rosemead
Boulevard and Broadway; approved the proposed improvement of the Gateway
Market building at the southwest corner of Rosemead Boulevard and Broadway;
adopted resolution approving warrants and demands; approved payment pursu-
ant to agreement with Port & Flor; and requested loan from City Council.
Minutes are set forth in full in the record of the Agency.
RECONVENE AS CITY COUNCIL:
15. ACTION ON REQUEST BY CRA:
On motion by Councilman Dennis, seconded by Councilman Merritt and
carried, City Council approved request of the Community Redevelopment
Agency for a loan in the amount of $66,315 and amended the Agreement
accordingly.
16. MATTERS FROM CITY OFFICIALS:
A. Reappointment of Commissioners:
Mayor Greenberg directed Council's attention to the list of Commis-
sioners whose terms will expire on June 30, 1976, advising that he
had talked with each of them. Councilman Merritt moved to confirm
reappointment of Commissioners as follows: Bob Ross and Al Millham,
Parking Commission; Bud Adams, Ralph Haug and Frank Stack, Parks and
Recreation Commission; Tom Breazeal, Jerry Seibert, Don Lawson and
Bob Stacy, Planning Commission; and Rich Abraham, Darryl Bender and
Penny Graham, Traffic Commission; all terms for a twoayear period
effective July 1, 1976, seconded by Councilman Gilbertson and
carried.
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Council Minutes, June 15, 1976 - Page 6
B. City Manager Koski advised a meeting has been scheduled with
property owners and tenants on Garibaldi Avenue to discuss that
improvement project, on Monday, June 21, 7:30 p.m. in the Council
Chamber.
C. City Manager Koski reported that first quarter sales tax report
was received and shows an increase of 10.1% over 1975.
D. Councilman Dennis distributed a memorandum based on his contacts
with Lt. Coffeen of the Sheriff's Department and Dick Harris, Temple
City High School relating to HOY.
E. Councilman Merritt commented on an article in Senator Richardson's
Newsletter which reports that some State Senators are refusing to
vote on bills which can present a problem in that it takes a 2/3 vote
of the Senate to make an amendment.
F. Councilman Gilbertson commented on an interesting Bicentennial
tour being hosted by Congressman Rousselot. Councilman Gilbertson
also expressed his appreciation to everyone involved in his recent
Assembly campaign, saying he felt it was an experience that perhaps
everyone should live through once in his life.
Councilman Gilbertson announced that on June 5 he had submitted his
resignation to the City Council to become effective July 1, 1976, due
to the pressures of business and City Council commitments and still
reserve-time for personal family life; however, upon further reflection
and encouragement from his wife, he withdrew his tender of resignation.
17. ADJOURNMENT:
On motion by Councilman Merritt, seconded by Mayor Greenberg and
carried, meeting adjourned to a Personnel Session at 9.:10 p.m. Next
regular meeting of the City Council will be held Tuesday, July 6,
1976, 7:30 p.m. in the Council Chamber of the City Hall.
ATTEST:
Chi- Deputy City Clerk
&AA I
MAYOR