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HomeMy Public PortalAboutCity Council_Minutes_1976-11-16_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 16, 1976 INITIATION: 1. CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:34 p.m. on Tuesday, November 16, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend David Brinkley, Church of Christ, 5272 N. Sereno Drive. 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, Traffic Engineer Envall 5. APPROVAL OF MINUTES: Councilman Gilbertson requested Item #9 relating to Environmental Impact Report re: Grants Applications under the Public Works Employ- ment Act be expanded to reflect Council's feeling regarding the Live Oak Park project to construct additional tennis courts and that Council found it to be of valuable benefit to the community. Councilman Tyrell moved to approve the minutes of the regular meeting held November 2, 1976, as corrected, seconded by Councilman Dennis and carried. UNFINISHED BUSINESS: 6. ORDINANCE N0. 76 -439: 2nd read. AMENDMENT TO THE TEMPLE CITY ZONING CODE RELATING TO PERMITTED USES IN THE C -2 ZONE (USED CAR SALES) City Attorney Martin presented Ordinance No. 76 -439 AN ORDINANCE OF THE,CITY OF TEMPLE CITY AMENDING SECTION 9380 (A) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERMITTED USES IN THE C -2 ZONE for second reading by title only. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 7. ORDINANCE NO. 76 -440: 2nd read. PROVIDING A CHANGE OF ZONE IN RESIDENTIAL PLANNED DEVELOPMENT CASE NO. 76 -480 City Attorney Martin presented Ordinance No. 76 -440 AN ORDINANCE OF THE CITY OF TEMPLE CITY PROVIDING A CHANGE OF ZONE IN RESIDEN- TIAL PLANNED DEVELOPMENT CASE NO. 76 -480 for second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Gilbertson and carried. 8. PUBLIC HEARING: 7:30 p.m. AMENDMENT TO ZONING CODE SECTION 9326 RE: MAXIMUM HEIGHT OF FREE - STANDING SIGNS City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of October 26, 1976, held public hearing and adopted Resolution No. 76 -723PC recommending to City Council an amendment to the Temple City Zoning Code which would reduce the maximum height of free - standing signs from 35 ft. to 20 ft. for a single business and 26 ft. for two or more businesses. 1 1 Council Minutes, November 16, 1976 - Page 2 Mayor Greenberg declared the public hearing open. Councilman Merritt moved to make the Planning. Commission minutes'a part of the record, seconded by Councilman Dennis and carried. Planning Director Dragicevich gave staff report, advising there are currently 81 free - standing signs in commercial zones within the City; 25 of which are in excess of 20 ft. in height and 56 are 20-ft. high or under, Mr. Dragicevich stated that a Negative Declaration of Environmental Impact had been prepared on this matter pursuant to the California Environmental Quality Act. There being no one come forward to speak to the issue, Councilman Merritt moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Gilbertson inquired whether he understood the reading of the ordinance correctly, that if two businesses shared a free- standing sign jointly, the sign could be 26 ft. in height, which is correct. Councilman Gilbertson stated he would like to see the City reduce the number of roof signs, that in his opinion some free- standing signs are more attractive than the roof signs. Councilman Tyrell felt the Planning Commission should consider further limitations on sign proliferation. Councilman Merritt felt there is not an abundance of free- standing signs at 35 ft. and reducing the height to 20 ft. will result in having fewer signs. Mayor Greenberg stated that it seems to be Council's concern that the City reduce visual pollution and should review some limitations as soon as possible. Councilman Gilbertson moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Merritt and carried. City Attorney Martin introduced Ordinance No. 76 -441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR THE AMENDMENT OF THE TEMPLE CITY ZONING CODE RELATING TO FREE- STANDING SIGNS for first reading by title only. Councilman Gilbertson moved to waive further reading, seconded by Councilman Merritt and carried. 9. REQUEST FOR DEMOLITION OF SUB - STANDARD BUILDING - 9232 E. BLACKLEY STREET City Manager. Koski advised this matter was on the City Council agenda October 5, 1976 and again November 2, 1976 and Council continued the matter to November 16, 1976 to allow the ,property owner the opportunity to settle his insurance claim and contract for the demolition himself. The owner, Mr. Mark Smith, advised staff this afternoon that his contractor has scheduled the demolition fcr Tuesday and Wednesday of the week of November 22, 1976. Councilman Tyrell moved to continue the matter to December 7, 1976, seconded by Councilman Dennis and carried. I 10. SET PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS - ENCINITA AVENUE, LAS TUNAS TO BROADWAY (curb, gutter & driveway approaches pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating the City 'Council, at their regular meeting of November 2, 1976, accepted the work completed by E. C. Construction Co. under Cash Contract 8862X, assessments have been prepared pursuant to Council authoriza- tion. Councilman Tyrell moved to set public hearing. December 7, 1976 to hear assessments for street improvements on Encinita Avenue, within subject limits, and instruct the Superintendent of Streets to notify the affected property owners, seconded by Councilman Merritt and carried. 1 Council Minutes, November 16, 1976 - Page 3 11. ACCEPTANCE OF WORK: STREET IMPROVEMENTS - KAUFFMAN AVENUE, SOUTH OF SPARKLETT City Manager Koski presented background information, stating the City Council, at their regular meeting of September 7, 1976, awarded contract to A. M. Construction to perform the work under Cash Contract 9786X to construct curb, gutter, driveway approaches and roadway reconstruction for Kauffman Avenue from 486 feet north of Lower Azusa Road to 685 feet north of Lower Azusa Road. The work has been completed and County Road Commissioner recommends acceptance of the work. Councilman Gilbertson moved to accept the work completed under Cash Contract 9786X, authorize payment in the amount of $8,490.42, authorize the filing of Notice of Completion and release of the 10% retention in the amount of $943.38 at the end of the 35 -day period, seconded by Councilman Tyrell and carried. 12. ACCEPTANCE OF WORK: LAS TUNAS DRIVE RESURFACING - EASTERLY CITY LIMITS TO WESTERLY CITY LIMITS City Manager Koski presented background information, stating the City Council, at their regular meeting held August 3, 1976, awarded contract for the resurfacing of Las Tunas Drive to Sully- Miller Contracting Company. It was necessary to adjust 24 manholes instead of 18, 3,262 tons of 1" asphalt concrete was used instead of 3,300, which reflects a reduction of $534.07 in the contract price. The District Engineer, Los Angeles County Road Department, has recom- mended acceptance of the work in the amount of $105,767.93. Councilman Dennis moved to accept the work under Cash Contract TC 76 -26 and authorize payment in the amount of $95,191.14, authorize filing of Notice of Completion and release of the 10% retention in the amount of $10,576.79 at the end of the 35 -day lien period, seconded by Councilman Merritt and carried. NEW BUSINESS: 13. .RECOMMENDATION FROM PLANNING COMMISSION - Meeting of November 9, 1976 ENVIRONMENTAL IMPACT REPORT FOR GRADING PERMITS On request of the City Attorney, City Council continued the recom- mendation of the Planning Commission relating to Environmental Impact Reports for Grading Permits to allow him to meet with staff and reconcile certain conflicts between the City Attorney's office and the County Engineer. 14. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of November 9, 1976 POLICY RE: TIME LIMIT PARKING (GREEN CURB) City Manager Koski presented background information, stating that pursuant to Council request at their regular meeting of November 2, 1976, Traffic Commission, at their adjourned meeting of November 9, 1976, reviewed the present policy on green zone curb markings, and determined it would be in the best interest of the City to modify the present policy. Traffic Commission recommends that each re- quest for green curb short time parking (10 to 30 minutes) will be reviewed on an individual basis and a determination made on the basis of merit. In answer to question from Councilman Gilbertson regarding making a determination that one request would be justified and another may not, Traffic Engineer Envall advised there would be an investigation procedure with regard to available on- street parking space and turn-over. Councilman Merritt directed Council's attention to the Traffic Commission minutes which state they felt there was a possibility that one green curb marking could service two or three business establishments, which is in keeping with what he had in mind when he brought the matter up. Council Minutes, November 16, 1976 - Page 4 Councilman Gilbertson questioned what order of precedence would prevail and if the City would establish a priority list. Assistant City Manager Biel advised the Traffic Commission felt that some types of business might be given the same treatment as banks and that by allowing some green curb markings, the quick turn -over of parked cars would eliminate congestion where no possibility of providing additional parking exists. Mayor Greenberg expressed concern that green zones would be difficult to enforce. Councilman Merritt moved to approve Traffic Commission recommenda- tion, seconded by Councilman Gilbertson and carried. 15. APPEAL FROM PLANNING COMMISSION DECISION: RELATING TO ESTABLISH - MENT OF AN R- 1- S(7:0) ZONE - (ZONE CHANGE CASE NO. 76 -485) City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of October 26, 1976, held public hearing on proposed amendment to the Zoning Code whereby a new zone classification R- 1 -S(70) for a single family residential district with 70 ft. front yard setback would become part of the zoning classifications within the City, and considered a change of zone to the proposed classification for a two -block area east of Baldwin Avenue presently zoned R -1. Commission denied the request for a zone change. Within the prescribed time for filing of an appeal, one of the applicants for a zone change submitted an appeal to the Planning Commission decision. Councilman Gilbertson moved to set public hearing December 7, 1976 to consider appeal to the Planning Commission decision, seconded by Councilman Merritt and carried. 16 DEDICATION OF RIGHT -OF -WAY: 9307 E. DAINES DRIVE City Manager Koski presented background information, stating the owner of an R -1 property located at 9307 E. Daines Drive has sub- mitted a lot split application to increase his present lot area which can be processed under a minor lot line adjustment if a road dedication is offered and accepted prior to a public hearing before the Planning Commission. Councilman Tyrell moved to accept the offer for right -of -way dedication at 9307 E. Daines Drive and authorize the City Clerk to proceed with recordation, seconded by Councilman Gilbertson and carried. 17: REQUEST FOR AUTHORIZATION TO DISPOSE OF SURPLUS PROPERTY City Manager Koski advised that during the past few years the City has acquired equipment and materials that are now surplus to the City's needs, having been obtained through salvage within the Community Redevelopment area; pursuant to Temple City Municipal Code Section 2512 City Council must declare all the items as listed in staff memo dated November 9 and November 16, 1976 to be surplus and authorize their disposal. Councilman Tyrell moved to declare the items listed in memos dated November 9 and November 16, 1976 to be surplus and authorize staff to proceed under Sections 2509 and 2510 of the Municipal Code, seconded by Councilman Dennis and carried. 18. TRAFFIC SIGNAL MAINTENANCE AGREEMENT: CITY OF TEMPLE CITY AND ARCADIA City Manager Koski presented background information, stating the City Council, at their regular meeting held September 7, 1976, approved amendment to agreement with the County of Los Angeles for street maintenance to conform with current practice of having many of the ordinarycmaintenance activities performed by a private 1 Council Minutes, November 16, 1976 - Page 5 contractor and County was advised that traffic signal maintenance at selected locations was not a part of the ordinary activities to be performed by the County Road Department. The City of Arcadia has terminated their agreement with the County for traffic signal maintenance and is now contracting with a private contractor; Arcadia and Temple City share two traffic signals 1) Baldwin Avenue and Live Oak Avenue-, and 2) Santa Anita and Live Oak Avenue. Arcadia has executed a reciprocal agreement to provide maintenance of the two traffic signals which are partially under jurisdiction of both cities to provide Temple City maintain the signal at Baldwin and Live Oak and Arcadia maintain the signal at Santa Anita and Live Oak, pro- viding for quarterly billings. Councilman Tyrell moved to approve Agreement with Arcadia for maintenance of traffic signals and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. 19. RESOLUTION NO. 76 -1594: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 76 -1594 A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Coun- cilman Merritt and carried. 20. RESOLUTION NO. 76 -1595: WARRANTS & DEMANDS, DEMAND NOS. 5368 THRU 5456 IN THE AMOUNT OF $131, 263.58 Councilman Gilbertson moved to adopt Resolution No. 76 -1595 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $131,263.58, DEMAND NOS. 5368 THRU 5456, seconded by Councilman Tyrell and carried, Councilman Merritt noting his non- participation with regard to check number 5412 and Mayor Greenberg noting his non- participation with regard to check number 5409 I21. COMMUNICATIONS: There were no communications. 22. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Boyce.O'Bannon, 10316 Olive Street, stated that at the meeting of the Concerned Taxpayers of San Gabriel Valley held at City Hall November 11, several tax groups throughout the county were repre- sented and several tax limitation petitions circulated, and asked Council to support all of them; that in some areas of the County there is a movement on regarding a tax strike and requested Council support the withholding of payment of taxes, stating that even those homeowners who have taxes impounded by their lending companies could deposit a penalty and request their mortgagee to withhold taxes. Council declined to support tax limitation petitions at this time, not having had an opportunity to read them, and declined to recom- mend that the residents of Temple City withhold taxes. Councilman Dennis did point out that the majority of homeowners have taxes impounded and the lending institutions would be paying the taxes on November 17 and 18. Mayor Greenberg expressed concern that the people would suffer loss of protection provided through the County for fire, health and public safety. Councilman Gilbertson stated such a movement would cost the taxpayer since the County would borrow the money it needed and we would have to pay the interest. Councilman Gilbertson moved to support the concept of property tax relief, seconded by Councilman Merritt and carried. Mr. John Gyongyos, 9211 Las Tunas Drive, expressed concern that one parking space had been deleted on Las Tunas Drive and Encinita Avenue, reducing the spaces from four to three in front of the Temple City Newsstand, and more particularly that the business establishment had not been informed prior to its deletion. Mr. Gyon- gyos was advised the matter would be discussed later on the agenda. Council Minutes, November 16, 1976 - Page 6 Mr. Robert Owens, President, Chamber of Commerce, thanked the Council for hosting the Neighborhood Forums, stating it was-a good way to bring matters of civic significance to the community. Mr. Owens also stated the Chamber of Commerce has discussed free - standing signs and have gone on record supporting the adoption of the pro- posed ordinance. Mr. Owens commented on green curb markings and stated many establishments would favor some parking restrictions or limitations in their area, and offered the assistance of the Chamber to develop criteria. RECESS TO CRA: The City Council recessed at 8:36 p.m. to meet as the Couuuunity Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held November 2, 1976, with corrections; approved proposed wall sign for EGS Shops; approved a proposal for relocation and property man- agement services; and adopted resolution approving warrants and demands. The minutes are set forth in full in the record of the Agency. RECONVENE AS CITY COUNCIL: 23. ACTION ON REQUEST BY CRA: There was no action to be taken. 24. MATTERS FROM CITY OFFICIALS: A. REVIEW OF TRAFFIC COMMISSION DELETION OF ON- STREET PARKING SPACE - LAS TUNAS DRIVE AT ENCINITA City Manager Koski advised this matter was brought to the attention of the City Council at their regular meeting held November 2, 1976, and staff was requested to review the Traffic Commission decision to eliminate one parking stall on the north side of Las Tunas Drive immediately east of Encinita Avenue in front of the Altadena Dairy and make recommendation. Traffic Engineer Envall has prepared a report citing traffic engineering reasons which support the deletion. Traffic Engineer Envall stated traffic movement at the intersection of Las Tunas Drive and Encinita Avenue was his main concern; the deletion of that parking stall provides westbound vehicles on Las Tunas with a refuge in making a northbound right turn and eliminates possible rear -end accident caused by slowing vehicles, and it eliminates a visibility problem for westbound vehicles on Las Tunas Drive and for southbound vehicles on Encinita Avenue, which visibility problem was compounded by advertising signs placed on the Altadena Dairy property. Mr. Envall stated that a visual investigation made from November 9 through 15 reveals available parking space at all times plus parking space on the south side of Las Tunas Drive for eastbound traffic. Mr. Iry Mayerson, 6711 Loma, San Gabriel, stated it was vital to the Newsstand to have all available spaces, particularly in the morning and evening when customers are going_ to and from work. Gary Mueller, 9215 Las Tunas Drive, complained that he was not aware this matter was on the agenda tonight; that he had talked with some- one in City Hall about this problem and no indication was given that Council would be discussing it. Mr. Mueller was advised that at the time he talked with a member of the staff, the problem had not been brought to Council's attention. Councilman Gilbertson inquired as to where the accidents had happened which were a part of the Traffic Engineer's report. Also he felt the report was not complete insofar as available parking space, pointing out the hours specified were not the critical morning and evening hours, and he personally has had problems in finding space since the deletion of one parking stall. Council Minutes, November 16, 1976 - Page 7 Councilman Tyrell stated he felt the problem was in starting up and merging into traffic, which was in, his opinion the most hazardous situation, and stated limited parking during the rush hours may be the answer, Councilman Gilbertson stated: although he is aware streets are for public use and not the property owner, in this particular instance the parking stall is serving a public need, and he does not feel this particular intersection is different from any other intersection in the business district and perhaps they should all be reviewed. Traffic Engineer Envall stated in his opinion, there was a traffic hazard at Las Tunas and Encinita and he looks at problems brought to his attention individually, and does not consider these types of problem collectively. Councilman Merritt felt that the red curb marking should be removed and replaced with green curb limited parking markings. Councilman Dennis stated there are other areas within the City where situations exist which are a traffic hazard and he feels it is incumbent on the City Council to provide safety for the residents of our community and correct these potential hazards as they are brought to the City's attention. Councilman Tyrell stated that a balance between the necessity of parking spaces and traffic safety must be considered: He feels when the Traffic Engineer has rendered an opinion that a traffic hazard exists, it is incumbent on the City to take action to remove liability, and asked the City Attorney for an opinion. City Attorney Martin stated the Traffic Engineer has advised there is an existing hazardous condition and if Council failed to act upon his advice, the City could be held liable. Councilman Merritt moved to instruct the Traffic Engineer to have the red curb painting on the north side of Las Tunas Drive immediately east of Encinita Avenue removed, seconded by Councilman Gilbertson and failed on a roll call vote: ROLL CALL: AYES: Councilmen- Gilbertson, Merritt NOES: Councilmen - Dennis, Tyrell, Greenberg Mr. Mayerson inquired as to how he would make a request for green curb markings. City Manager Koski advised the matter would be referred to the Traffic Commission and be on their agenda Wednesday, December 1, 1976. B. REQUEST FOR DEMOLITION: 6117 NORTH SULTANA AVENUE City Manager Koski advised subject property was declared a public nuisance by City Council Resolution No, 76 -1514; the property owner has complied with the provisions required for abatement of the public nuisance with the exception of demolition of an accessory structure. The Building Department has requested the substandard building be demolished through a private contractor under Chapter 99 proceedings. Councilman Tyrell moved to authorize the Building Official to proceed with demolition of substandard structure at 6117 N. Sultana Avenue pursuant to Chapter 99 of the City Building Code, seconded by Coun- cilman Merritt and carried, C. Councilman Gilbertson stated he would be attending a meeting of the Intergovernmental Affairs Committee of the League of California Cities November 19, 1976 at which time they will discuss County Services Area application procedures. Councilman Gilbertson encouraged Council to visit the "Movin' on with Careers" event being held at the Santa Anita Racetrack on November 17 and 18, 1976. 1 1 1 25 ADJOURNMENT: Council Minutes, November 16, 1976 - Page 8 Councilman Gilbertson said that this Council was instrumental in changing state laws for the requirements in the formation of county government, it is evident that further legislation is needed to make it a possibility, and that the fragmented efforts are not effective; and it is clear to him that the best remedy would be to seek legislation for the establishment of a special commission on county reform. Councilman Gilbertson distributed a resolution which would support the concept of approaching legislators regard- ing a formation of a commission to study solutions and make recom- mendations for county reform. Councilman Tyrell moved to adopt Resolution No, 76 -1596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY SEEKING APPROPRIATE STATE LEGISLATION FOR THE ESTABLISHMENT OF A SPECIAL COMMISSION FOR LOS ANGELES COUNTY REFORM, seconded by Councilman Merritt and carried. Councilman Tyrell stated he felt action toward this end needs some- one like Councilman Gilbertson to spearhead this effort and asked if he would be willing to dedicate some time and effort, and stated that City Council should support whatever is necessary, including trips to Sacramento. D. City Manager Koski advised that he has been invited to assist Congressman Rousselot by serving on his Academies Interviewing Committee which would require some time away from the office, and requested Council permission to participate and charge the time away from the office against accumulated vacation time Councilman Gilbertson moved to authorize City Manager to participate in the Academies Interviewing Committee, seconded by Council Merritt and carried. E. Lower Azusa Road Project - Phase II and Phase III Project Limits City Manager Koski presented the final plans for Lower Azusa Road Improvement Project, Phase II, from Camellia Avenue to El Monte Avenue, prepared by the County Road Department. Councilman Tyrell moved to approve Phase II project limits from Camellia Avenue to El Monte Avenue and authorize the City Clerk to sign the Plan Sheet, seconded by Councilman Dennis and carried. Fo Councilman Merritt advised he would attend the California Con- tract Cities Association meeting November 17 at which time the new County Liability Agreement will be discussed and he will support the committee that the County should assume liability in those agreements wherein they provide services for cities. G. Councilman Tyrell directed Council's attention to gang activities in cities surrounding Temple City and commended the Sheriff's Depart - ment in keeping these activities away from our City. H. Mayor Greenberg thanked Council and staff for their support of the Neighborhood Forum, stating that he feels those people attending are generally satisfied with the way things are being conducted in Temple City. Mayor Greenberg also thanked Council for the flowers sent to his father who is recuperating in the hospital. On motion by Councilman Merritt, seconded by Councilman Gilbertson, meeting adjourned at 9:55 p.m. Next regular meeting of the City Council will be held Tuesday, December 7, 1976, 7:30 p.m., in the Council Chamber of the City Hall. ATTEST: Ch 'e Deputy City Clerk 4:.4„U;4 Iv MAYOR