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HomeMy Public PortalAboutCity Council_Minutes_1976-10-05_Regular 1976III Mayor Greenberg called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, October 5, 1976, in the Council Chamber of the City Hall. INITIATION: 1. CALL TO ORDER: CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 5, 1976 2. The invocation was given by Reverend Robert Frisbee, Westminster Presbyterian Church, 9642 E. Live Oak 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, Parks and Recreation Director Kobett 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting held September 21, 1976, as written, seconded by Councilman Dennis and carried, Councilman Tyrell abstaining. IIIUNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. ADOPTING A CONFLICT OF INTEREST CODE FOR CITY COUNCIL - RESOLUTION NO. 76 -1582 City Manager Koski advised City Attorney Martin prepared the proposed Resolution adopting a Conflict of Interest Code pursuant to the Fair Political Practices Act of 1974. City Attorney Martin advised the proposed code brings to the local level that which was in effect at the state level; that the proposed code is applicable to members of the City Council whether acting as a City Council member or as governing board member or commissioner of any city agency, and that staff is working on a similar code for city employees and commissions. Mayor Greenberg declared the public hearing open and invited those wishing to speak to the subject to come forward. There being no one come forward to speak,. Councilman Gilbertson moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to adopt Resolution No. 76 -1582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO 1THE POLITICAL REFORM ACT OF 1974, seconded by Councilman Dennis and carried. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS: INSTALLATION OF STREET LIGHTS - CAMBURY AVENUE, 5400 BLOCK (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular meeting of September 7, 1976, set public hearing for the installation of two 7,000 lumen street lights, one to be installed on a steel pole, one on an existing wood pole. Council Minutes, October 5, 1976 - Page 2 The petition returned to the City contained the signatures of property owners representing 72.2% of the front footage of the block, excluding the corner properties on Nadine Street and on Olive Street which are in Zone A of the Municipal Lighting District. City Manager Koski advised the cost for installation and the energy and maintenance costs for one year as set forth in memo dated September 30, 1976 and on file in the City Clerk's office. A negative declaration of environmental impact was prepared and posted in accordance with the requirements of the Environ- mental Quality Act. Mayor Greenberg opened the public hearing and invited anyone wishing to speak to come forward. John Schlener, 5418 Cambury Street, stated he supported the installation . of street lights on the basis it will improve property value, and be of help in crime prevention and a safety factor. There being no one else come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Merritt moved to certify the negative declaration of Environ- mental Impact, and to find the project to be in the best public interest, instruct the Superintendent of Streets to cause the work to be accom- plished and to report on the cost of the installation when the improve- ments are completed, seconded by Councilman Dennis and carried. 8. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS: INSTALLATION DF STREET LIGHTS - RYLAND AVENUE, LOWER AZUSA ROAD TO LA ROSA DRIVE (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular meeting of September 7, 1976, set a public hearing for the installation of nine 7,000 lumen street lights, seven to be installed on steel poles, two on existing wood poles. The petition for the improvements received by the City at that time, contained the signatures of property owners representing 61% of the front footage of subject limits, however, subsequent to setting the public hearing, letters have been received from three property owners withdrawing their signatures from the petition, leaving 55% of the front footage still in favor of the installation of street lights. City Manager Koski advised that under the provisions of Chapter 27 of the Streets and Highways Code, Council upon conclusion of the public hearing, can find the work in the best public interest on a 4/5 vote. City Manager Koski further advised that in accordance with the Environmental Quality Act guidelines, the improvement is within a categorical exemption and notice of exemption was filed by the City. Mayor Greenberg declared the public hearing open, and invited anyone wishing to speak to the subject to come forward. John Spillard, 4939 Ryland Avenue, spoke in favor of stating iie�elt it would discourage young people who 4900 block until 2:00 -3 :00 a.m. He stated the block had threatening notes placed on.ihis front door while which notes are on file at the Sheriff's station. the installation now loiter in the is so dark, he has he was at home, Mary Kuether, 4938 Ryland Avenue, stated that once it's dark, you cannot see across the street and that there is a great deal of drag racing after dark. Kenneth Gillanders, 4831 Ryland Avenue, spoke in opposition to the insta lation o street lights, stating that statistics show there is little or no difference in crime rate during daylight or dark hours; he feels that lights would encourage more teenage congregation. Mr. Gil - landers spoke with the residents on Ryland from Lower Azusa Road to La Rosa Drive and found that the majority of the property owners living be- tween Lower Azusa Road and Hallwooc, oppose the installation of street lights and those property owners from Hallwood to La Rosa Drive favor the Council Minutes, October 5, 1976 - Page 3 installation, and suggested it might be more appropriate to circulate a new petition for the block from Hallwood Avenue north. Ross Jewett, 4830 N. Ryland, stated,in his opinion speeding will increase with a dtional light, that lights are not a deterent to crime, and he prefers the dark for sleeping. Frank Demma, 4819 Ryland, stated he is one of the original owners of pro- perty on Ryland and has lived in an area with street lights but prefers . the street the way it is now, Mr. Gilpin, 10052 Ryland, stated those persons speaking in opposition to the street lights have voiced his opinion, adding that at this time the City should be thinking of conserving energy rather than adding street lights. There being no one else come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Gilbertson moved to find the improvement is within a categorical exemption pursuant to the Environmental Quality Act, seconded by Council- man Merritt and carried. Councilman Merritt stated he is personally in favor of street lighting in that it makes it easier for emergency vehicles to find street numbers. Mayor Greenberg stated he also is personally in favor of street lights but that the residents on the street should determine whether they want lights and suggested the residents north of Hallwood may wish to go ahead with a separate petition. Councilman Tyrell stated that the proposed nine street lights within the subject limits is too much lighting. Councilman Merritt moved to deny the petition as presented, seconded by Councilman Dennis and carried, Staff was instructed to assist the residents north of Hallwood in the petition process if they so desire. 9. ACCEPTANCE OF WORK: CONSTRUCTION CONTRACT NO. 2 -• LIVE OAK PARK, BACKSTOPS - MASTER BILT FENCE CO, City Manager Koski presented background information, stating the City Council, at their meeting of August 3, 1976 required the newly constructed northerly backstop at Live Oak Park be removed and reconstructed in accordance with the plans and specifications which were a part of the contract agreement. An inspection of the improvements by staff on September 23, 1976 revealed the backstop to be completed to the satis- faction of the City and County Building and Safety Department approved the backstops on September 27, 1976. Councilman Tyrell moved to accept the work, authorize payment in the amount of $7,977.77 and filing of Notice of Completion, and the release of the 10% retention in the amount of $2,057.10 at the end of the 35 -day lien period, seconded by Councilman Gilbertson and carried. 10. SET PUBLIC HEARING: ASSESSMENT FOR STREET IMPROVEMENTS - INSTALLATION OF 7 STREET LIGHTS, HALLOWELL AVENUE, 4800 -4900 BLOCK (Pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular meeting of June 15, 1976, authorized the in- stallation of seven 7,000 lumen lights on Hallowell Avenue in the 4800- 4900 block. The street lights have been installed and have been energized as of September 22, 1976; cost of the installation is to be divided equally among the 32 property owners in accordance with City Council policy es- tablished at their regular meeting of July 20, 1976; the cost of energy and maintenance is spread among 30 property owners as two are presently paying a Zone A rate. Council Minutes, October 5, 1976 - Page 4 Councilman Gilbertson moved to accept installation of seven 7,000 lumen lights and set public hearing November 2, 1976, 7 :30 p.m. to approve assessments and instruct the Superintendent of Streets to notify the affected property owners, seconded by Councilman Dennis and carried. 11. RESOLUTION NO 76 -1583: OPPOSING PROPOSITION 13 City Attorney Martin presented proposed resolution prepared at the III request of City Council at their regular meeting held September 21, 1976, which resolution expresses opposition to Proposition 13 on the November ballot. Councilman Merritt moved to adopt Resolution No. 76 -1583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXPRESSING OPPOSITION TO PROPOSITION 13 ON THE NOVEMBER 2, 1976, BALLOT, seconded by Councilman Gilbertson and carried, 12. RESOLUTION NO. 76- 1584.: SUPPORTING PROPOSITION F (CANYON COUNTY) City Attorney Martin presented proposed resolution prepared at the request of City Council at their regular meeting held September 21, 1976, urging support for the establishment of Canyon County on the November 2, 1976 ballot. Councilman Merritt moved to adopt Resolution No. 76 -1584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING SUPPORT FOR THE PRO- POSITION F ON THE NOVEMBER 2, 1976 ELECTION BALLOT CALLING FOR THE ESTABLISHMENT OF CANYON COUNTY, seconded by Councilman Gilbertson and carried. Councilman Gilbertson advised he had received a call from representative of the South Bay area and they are planning to start a petition November 1 for a sesses.ion movement, that they asked him to start a petition in the San Gabriel Valley area so that the two measures would appear on the same ballot at some future date. NEW BUSINESS: 13. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of September 28, 1976 A. SET PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE RE: SALE OF USED CARS IN CONJUNCTION WITH NEW CAR SALES City Manager Koski advised the Planning Commission, at their regular meeting held September 28, 1976, held public hearing and adopted a resolution recommending to the City Council an amendment to the Temple City Zoning Code relative to the sale of used cars in conjunction with new car sales in the C -2 zone. Councilman Tyrell moved to set public hearing to consider subject amendment November 2, 1976, seconded by Councilman Dennis and carried. B. SET PUBLIC HEARING: RESIDENTIAL PLANNED DEVELOPMENT (RPD) CASE NO. 76 -480, CASA ROBLES, 6362 -6404 Oak Avenue City Manager Koski advised the Planning Commission, at their regular meeting held September 28, 1976, held public hearing and adopted a reso- lution recommending to the City Council a change of zone from R -1 to RPD (Residential Planned Development) for subject property to allow the construction of seven additional single- family residential buildings within the next 10 -15 years. Councilman Dennis moved to set public hearing to consider change of zone from R -1 to RPD for subject property November 2, 1976, seconded by Councilman Merritt and carried. C. PROPERTY NUISANCE CASE 76 -37: 6131 N. Camellia City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held September 28, 1976, held public Council Minutes, October 5, 1976 - Page 5 hearing and adopted resolution determining the existence of a public nuisance at subject location. Staff, following receipt of complaint by resident in April, has been working with the property owner to im- prove the site. No appeal to the Planning Commission decision has been received and recent inspection discloses little has been done to abate the nuisance. Councilman Gilbertson moved to adopt Resolution No. 76 -1585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES III TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF, seconded by Councilman Merritt and. carried. 4. REQUEST FOR DEMOLITION OF SUB - STANDARD BUILDING - 9232 E. Blackley Street City Manager Koski presented background information, stating the resi- dential structure at subject location was fire damaged. in January, 1976, leaving the building open and accessible to juveniles which presented a threat to public safety and welfare. The owner upon request, boarded up the windows and doors in February, however the building has neither been repaired nor removed. The Building Department has requested authori- zation to proceed; with a building demolition pursuant to Chapter 99 of the City Building Code. Mr. Mark Smith, 1024 Old Ranch Road, Arcadia, owner of subject property advised that his insurance claim is being processed and he is awaiting payment for funds to demolish the building. Following brief discussion, it was the consensus of Council that the owner may need the building to complete his claim and receive payment from the insurance carrier and the possibility remains that the owner could suffer additional loss due to the demolition of the building. Councilman Gilbertson moved to continue the matter to November 2, 1976, seconded by Councilman Merritt and carried. 15 RESOLUTION NO. 76 -1586; REQUEST FOR TOPICS FUNDS City Manager Koski advised the TOPICS Program is now defunct and inasmuch as a project was not available at the time of the TOPICS program, the City allowed the County to use its share of TOPICS funds in exchange for the County's Highway Through Cities funds at a future date. The City has received a letter from Supervisor Schabarum outlining the Road Depart- ment budget for FY 1976 -77 as it applies to the City of Temple City, noting there is $43,542 in gas tax funds which represents the balance of the City's TOPICS exchange funds from the 1970 Federal -Aid Highway Act TOPICS Program, Staff has determined that Lower Azusa Road would be an eligible project; allocation of these funds would reduce use of the local gas tax funds; that a resolution is necessary to claim the funds and identify the project. Councilman Gilbertson moved to adopt Resolution No. 76 -1586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION OF COUNTY HIGHWAY THROUGH CITIES FUNDS FOR LOWER AZUSA ROAD IMPROVEMENT PROJECT, seconded by. Councilman Merritt and carried. 16. RESOLUTION NO. 76 -1587: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 76-1587 A RESOLUTION IlLOF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Gilbertson and carried. 7. RESOLUTION NO. 76 -1588: WARRANTS & DEMANDS, DEMAND NOS. 5106 THRU 5184 IN THE AMOUNT OF $72,148.78 Councilman Merritt moved to adopt Resolution No. 76 -1588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $72,148.78, DEMAND NOS. 5106 THRU 5184, seconded by Councilman Gilbertson and carried. Council Minutes, October 5, 1976 - Page 6 18. COMMUNICATIONS: 1 A. Claim for Damages - Joseph Damore, 9246 Blackley City Manager Koski presented claim for damages alleged to have occurred September 10, 1976 as a result of a broken tree limb located at 6251 Loma Avenue. Councilman Tyrell moved to deny claim and refer to City's insurance carrier for process, seconded by Councilman Dennis and carried. B. Chamber of Commerce re: Request Installation of Christmas Lights City Manager Koski presented request from the Chamber of Commerce to place placards along Las Tunas from Rowland to Muscatel and on Temple. City Boulevard from Workman to Woodruff and throughout the parking malls to advertise the merchants Christmas Preview to be held Sunday, November 14, 1976 from noon to 5:00 p.m., and to install Christmas lighting decorations from November 11, 1976. Councilman Dennis moved to approve the request by Temple City Chamber of Commerce as set forth in their letter dated September 27, 1976, and on file in the City Clerk's office, seconded by Councilman Merritt and carried, 19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Marianne Milch, Manager, Chamber of Commerce, thanked Council for permission to conduct a Christmas Preview which will include displays by the Creative Arts group and the installation of Christmas lighting; thanked the Mayor for his attendance and presentation of Proclamation for National Employ the Handicapped Week at their recent luncheon; and advised the Chamber is presently working on a "welcome to Temple City" program. 111.ECESS TO CRA: The City Council recessed at 8:30 p.m, to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held September 21, 1976;. held public hearing on the sale of Parcel 6 in the Rosemead Boulevard Redevelopment Project area and approved Disposition and Development Agreement with Vornado, Inc.; adopted resolution approving warrants and demands; and accepted the water system installed to serve the Rosemead Boulevard Redevelopment Project area. The minutes are set forth in full in the record of the Agency. RECONVENE AS CITY COUNCIL: 20. MATTERS FROM CITY OFFICIALS: A. League of California Cities Conference - San Diego, October 17 -20 On motion by Councilman Tyrell, seconded by Councilman Dennis, Council authorized advance of expenses for each participant to the League of California Cities conference to be held in San Diego, October 17 -20, 1976. B. Public Works Employment Act of 1976 Council received a report on the Public Works Employment Act of 1976 and continued the matter to a Study Session to be held immediately following the regular Council agenda. C. Las Tunas Drive Resurfacing Project - Status Report Council received and filed a status report on the progress of the con- tractor in the resurfacing project on Las Tunas Drive, which report pro- vides for project completion no later than October 18, 1976. D. Councilman Gilbertson directed Council's attention to the newspaper article in which the City of El Monte has apparently terminated efforts to bring Greyhound Racing to that City. Council Minutes, October 5, 1976 - Page 7 Councilman Gilbertson also commented on the Parks and Recreation Com- mission position with regard to Proposition 2, Coastal Park Bond Act of 1976, on the November ballot. Councilman Gilbertson expressed con - cern that the voters continue to take more and more land off the tax rolls, E. Councilman Merritt agreed with Councilman Gilbertson with regard to the taking of land off the tax rolls, and he would favor some proposal ,to encourage private industry to develop recreation facilities wherein property would still be on the tax rolls. F. Mayor Greenberg advised he had received a telephone invitation to attend a brunch and tour of the Canyon County area from the Canyon County Formation Committee, to be held Saturday, October 9, 1976. 21. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Gilbertson, Council adjourned at 8:55 p.m. to a Study Session, for the purpose of reviewing the Public Works Employment Act of 1976 under which, Title I authorizes $2 billion to local governments for local public works projects. STUDY SESSION: City Council reviewed the various proposed projects which would qualify for consideration for funding under an application to be submitted under the act. The consensus of the Council was to submit the following projects as priori- tized: i 1) Live Oak Park Improvement a. Concession Stand b. Lighting of baseball diamonds and athletic fields c. Additional tennis courts 2) Construction of new sidewalks 3) Reconstruction of alleys in the downtown area On motion by Councilman Gilbertson, seconded by Councilman Merritt, City Council meeting reconvened at 9 :40 p.m. Councilman Gilbertson moved to approve the priority list as discussed during the Study Session, to authorize City Manager to prepare and submit application under the Public Works Employment Act of 1976, and to authorize advance engineering costs in the amount of $17,280 for the approved projects and amend the adopted budget accordingly, seconded by Councilman Merritt and carried. On motion by Councilman Dennis, seconded by Councilman Gilbertson and carried, meeting adjourned at 9:45 p.m. Next meeting of the City Council will be held Tuesday, November 2, 1976, 7:30 p.m. in the Council Chamber of the City Hall, due to the cancellation of the regular meeting of October 21, 1976. ATTEST: Chief Deputy City Clerk