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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. 0 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. 0 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 1 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. 1 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. 1 1 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