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