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HomeMy Public PortalAboutCity Council_Minutes_1976-12-07_Regular 1976I 6. ORDINANCE NO. 76 -441: 2nd read. AMENDING ZONING CODE SECTION 9326 RE: MAXIMUM HEIGHT OF FREE - STANDING SIGNS CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 7, 1976 INITIATION: 1. CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, December 7, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Bishop Ronald Bateman, Church of Jesus Christ of Latter -Day Saints, Temple City Ward, 6249 Kauffman 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 Dennis moved to approve the minutes of the regular meeting held November 16, 1976, as written, seconded by Councilman Merritt and carried. UNFINISHED BUSINESS: 1 City Attorney Martin presented Ordinance No. 76 -441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR THE AMEND- MENT OF THE TEMPLE CITY ZONING CODE RELATING TO FREE - STANDING SIGNS for second reading by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Dennis and carried. 7. PUBLIC HEARING: 7:30 p.m. REVOCATION OF BUSINESS LICENSE - 5022 BALDWIN AVENUE (Home Occupation) City Manager Koski presented background information, stating the City received a petition signed by,21 persons complaining about motorcycle noise, barking dogs and trucks being parked for days at a time on Baldwin Avenue as a result of the operation of the Frost Funeral Escort Service at 5022 Baldwin Avenue. Staff had been unsuccessful in termi- nating the violations of the zoning code in the conduct of this home occupation and City Council, at their regular meeting held November 2, 1976 set public hearing to consider revocation of the business license. Mayor Greenberg declared the public hearing open. Planning Director Dragicevich gave staff report citing Section 9117(H)(6) as the criteria for business license for home occupation; staff received a copy of rental agreement between Ken Frost and Robert Richardson for storage space for his truck and motorcycles, and two tractor trucks at 4520 Baldwin Avenue in El Monte; an on -site inspection December 7, 1976 reveals one pick -up truck and three motorcycles still housed at 5022 Baldwin Avenue, one Mr. Frost's private motorcycle, the others being escort motorcycles with one Mr. Frost's private escort motorcycle and one inoperative. Staff also verified the alternative storage in El Monte. Mr, Joseph DuBois, attorney representing Mr. Frost, stated his client was slow in complying with the ordinance because of problems encountered in finding storage space for the vehicles; that this has now been Council Minutes, December 7, 1976 - Page 2 accomplished and since his client has shown good faith in complying with the Zoning Code, he felt revocation of the business license was somewhat severe and suggested Council consider a probationary period with conditions. Mrs. Ilene Scott, 5016 Baldwin Avenue, presented a diagram of the site stating the German Shepherd, which is kept to protect the premises, barks and growls at every noise and the children in the area are afraid of him; presented a calendar showing the number of trucks by date parked on Baldwin Avenue making it impossible to safely exit her driveway onto Baldwin Avenue; Mr. Frost repairs his trucks on the public street, and does maintenance on the motorcycles until the late hours of the evening, interfering with their sleep. Mrs. Scott stated the operation of the business degrades the neighborhood and reduces property value. In rebuttal, Mr. DuBois, stated the trucks are not an issue of this public hearing as they are not a part of the Funeral Escort Service; that Mr. Frost does sub - hauling and the trucks are being relocated along with the motorcycles and maintenance and repair will be conducted at the El Monte location. The purpose of this kind of proceeding is to bring problems to the attention of the City Council to take corrective action as necessary, and the corrective action has been taken; he would stress the business is Mr. Frost's and his family's livelihood; and encouraged restraint in Council's action. In response to questions put by Council, Mr. DuBois stated the premises at 5022 Baldwin Avenue will be used only as a headquarters' for the operation of the business using telephone and radio communications; the business has only one employee; denied knowledge of the trucks identi- fied by license numbers provided by Mrs. Scott; that the dog cannot be relocated to the storage site without first getting to know the owner of that property, but would be willing to confine the dog on the other side of their property to be away from the children. There being no other testimony, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Merritt and carried. City Attorney Martin stated that in listening to'the debate, it is un- fortunate matters of this nature must come to a public hearing to enforce compliance with the Zoning Code when corrective action could have been undertaken long before this, however, some effort did take place and the record must show exactly what problems now exist. There is an allegation of 'a public nuisance which could be abated either by City Council or through proceedings through the District Attorney; there is a noise pro- blem in violation of the Noise Ordinance; there is a hazardous condition from trucks being parked on the street for long periodscof time which has even resulted in overnight parking citations; there is a possible second business being conducted on the premises; there appears to have been a violation of the home occupation ordinance. The matters of concern may be corrected either as a public nuisance or revocation of the business license. Because some of the problems have been corrected, he would recommend Council continue decision on this matter for two weeks to see whether the activities taken by Mr. Frost have corrected the problems and review the situation at that time. Councilman Tyrell stated the violations have already occurred over a substantial period of time and sees no justification for maintaining a business license at subject location. Councilman Gilbertson stated the problems cited by the City Attorney all emanate from the conduct of a home occupation business license; that the City is not required to issue such a license and to have one is a privilege which has been abused; with the removal of the vehicles to El Monte he does not see the need for the Temple City business license. Mayor Greenberg stated the City has not as yet received an application for license for the calendar year 1977 and he would be in favor of the City Attorney's recommendation to consider the matter in two weeks prior to action being taken on the 1977 license. Council Minutes, December 7, 1976 - Page 3 18 1 1 Councilman Tyrell moved that based upon the vehicles having been removed from the premises at 5022 Baldwin Avenue, and the only activities involved in the business at that location is a dispatch center, to approve a provisional license, that if the business applies for a 1977 business license the same terms will apply, seconded by Councilman Dennis and carried. PUBLIC HEARING: 7:30 p.m. STREET LIGHTING ZONE BOUNDARIES - ANNEXATION FROM ZONE B TO ZONE A City Manager Koski presented background information, stating the City Council, at their regular meeting held November 2, 1976, adopted Resolution No. 76 -1590 declaring its intention to order certain changes in zones in the Temple City Municipal Lighting District and setting public hearing for December 7, 1976, legal notices were published and notices posted in those areas to be annexed, namely; Nadine Street, 9800 -9900 block; Hallowell Avenue, 4800 -4900 block; and Cambury Avenue, 5400 block. A Negative Declaration of Environmental Impact was filed with the State Resources Agency at the time each project was approved. Mayor Greenberg declared the public hearing open. There being no one to come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Tyrell and carried. Councilman Tyrell moved that the City Council certify that the Environ- mental Impact Reports have been completed in conformance with the California Environmental Quality Act and the state guidelines and that the City Council has reviewed and considered the information contained in the reports; and that any adverse environmental impact contained in the reports is overruled and counterbalanced by economic and social needs, objectives and concerns in providing this community with private or public improvements of municipal import as set forth in the findings indicated in the minutes, seconded by Councilman Dennis and carried.. Councilman Tyrell moved to adopt Resolution No. 76 -1597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ADJUSTMENT OF THE ZONE BOUNDARIES OF THE STREET LIGHTING DISTRICT WITHIN THE CITY, seconded by Councilman Dennis and carried. 9. PUBLIC HEARING: 7:30 p.m. 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 held November 16, 1976 set public hearing December 7, 1976 to consider proposed assessments for the work done on Encinita Avenue from Las Tunas Drive to Broadway pursuant to Chapter 27, Improvement Act of 1911, and directed Council's attention to the assessment spread in memo dated November 30, 1976. Mayor Greenberg declared the public hearing open. Assistant to City Manager Biel presented confidential signed statements by three property owners who have indicated the proposed assessments would cause a hard- ship on them, with staff recommendation for payment. There being no one come forward to speak to the matter, Councilman Tyrell moved to close the public hearing, seconded by Councilman Merritt and carried. Following brief discussion as to the manner of payment for those property owners who had signed a hardship statement, Councilman Tyrell moved to approve the assessments set forth in memo dated November 30, 1976 and direct the properties to be so assessed, and refer the hardship cases set forth in memo dated December 6, 1976 to the City Attorney for col - lection commensurate with their ability to pay, waiving interest, and directed a lien be recorded against the properties, with a release of lien prepared upon completion of the payments, seconded by Councilman Merritt and carried. Council Minutes, December 7, 1976 - Page 4 10. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION - RELATING TO ESTABLISHMENT OF AN R- 1 -S(70) ZONE - ZONE CHANGE CASE 76 -485 City Manager Koski presented background information stating the Planning Commission, at their regular meeting held October 26, 1976, held public hearing on a proposed amendment to the Zoning Code whereby a new zone classification (R- 1 -S(70) for a single family residential district, with a 70 ft. front yard setback, would become part of the zoning classification within the City, and at the same time considered a change of zone to the proposed classification for a two -block area east of Baldwin Avenue on La Rosa Drive, presently zoned R -1. Planning Commission denied the amend- ment to the Zoning Code and adopted Resolution No. 76 -724PC denying a change of zone in Zone Change Case No. 76 -485. An appeal to the Planning Commission decision was filed and City Council, at their regular meeting held November 16, 1976, set public hearing December 7, 1976. City Manager Koski presented letter from attorney for the appellant requesting the matter be continued due to a conflict in his schedule. Due to the number of people in the audience who had come for the public hearing on this matter, Councilman Tyrell moved to deny request to con- tinue the matter, seconded by Councilman Gilbertson and carried. Mayor Greenberg declared the public hearing open. Councilman Gilbertson moved that the Planning Commission minutes be made a part of the public record, seconded by Councilman Merritt and carried. Planning Director Dragicevich gave staff report, stating the area in question is located on La Rosa Drive two blocks easterly of Baldwin Avenue, reviewed the zoning history and briefly gave the background of the pro- perties involved, stating there are 26 parcels which the 70 ft. setback would affect and of the 26 only two properties do not have room to expand their living quarters to the rear. This matter was brought to the City's attention because of the development of the parcel at the northeast corner of La Rosa Drive and Rosedale. The owner ascertained zoning permits his developing the property with a 20 ft. setback, he has an approved building permit and plans to develop the parcel with a 35 ft. setback. Mr. John Wiezbiski, 10053 La Rosa Drive, stated the property owners in the area proposed to be rezoned have always thought they had a 70 ft. setback; that it is the only area left in Temple City with a green belt, the property owners enjoy their large front lawns and want to see it remain as it is. Mr. Ralph Cline, 10139 La Rosa Drive, stated this area has always been maintained with a 70 ft. setback; that the setback requirements were changed approximately 1963 without notifying the property owners; that this area should have been exempted when the 20 ft. setback was created; unless a 70 ft. setback is established the property owner at the north- west corner of La Rosa and Rosedale will build with a 35 ft. setback and open the door for others to build to 20 ft. in the future. Mr. Bill Nicholas, 10034 La Rosa Drive, stated the City established a 20 ft. setback without bringing the matter to the attention of the residents and they did not realize until someone got a permit to build; the majority of the residents in the area have appealed the Planning Commission decision, and the City should consider the wishes of the people affected and not someone who does not live in the area who would come into the neighborhood already alienated with his neighbors. Mr. Charles Riley, 10044 La Rosa Drive, stated the 70 ft. setback has existed for a great number of years and the residents have clearly es- tablished that is what they want and this matter should have been settled when the Planning Commission adopted a zoning code. In answer to question by Councilman Gilbertson, City Manager Koski advised that at the time the City prepared the 1963 Zoning Ordinance, the Planning Commission established setbacks complete with the required public hearings, and that many of the property owners and staff were under the impression the neighborhood enjoyed their 70 ft. setback pursuant to deed restrictions. Council Minutes, December 7, 1976 - Page 5 In Opposition: Mr. Don Diaz, 10102 La Rosa Drive, stated that those testifying earlier are presenting misleading facts in that they would have Council believe that without the 70 ft. setback classification you would be able to stand at one end of the block and see clearly to the other end which is not the case since there are fences, shrubs and many cars parked to obstruct the view. Without the current 20 ft. setback there would be no room for him to expand and at the time he bought his home he was in- formed of the correct setback and had bought with the intention of ex- panding as his family grew. Mrs. Joan Diaz, 10102 La Rosa Drive, stated that since this matter has come to 'light, and in view of the fact that it well may turn out that they could not expand to the front of their property, they have looked at real estate because they need'a larger home; with the market as it is, they must stay where they are and expand. In her opinion, people and not looking for park -like lawns, but for houses in which to raise their families. Mr. .John Shaw., attorney representing Mr'. Divitto, stated the proposed 70 ft. setback would create a great hardship on his client who had already expended many dollars to buy the lot and have his plans drawn up; that he would have to redesign his structure at great cost and would have much unuseable space in front of his house with a backyard which would be too small. He stated that if a 70 ft. setback is established, his client would probably qualify for a variance and this particular lot should be excluded. By means of a slide presentation, Mr. Shaw presented a complete overview of the area which, in his opinion, dispelled the .theory that a green belt area exists. Mr. Larry 9519 Garibaldi, contractor for Mr. Divitto, showed by means of diagrams, how the house would be placed on the property with a 35 ft. setback and with a 70 ft. setback. Mr. Paine explained that the property owner had designed the structure and submitted plans to the building department after first having ascertained the correct setback for the property in question. Mr. Kevin O'Connor, 10140 La Rosa Drive, stated the residents of Temple City should -be able to act according to the laws of the City and not have others telling them what they can do with their property; when he bought his house he understood there was a 20 ft. setback; and further pointed out that the two properties next to Glickman Avenue have a 20 ft. setback., Mrs, Jane O'Connor, 10140 La Rosa Drive, stated there are other houses in the area that do not have a 70 ft. setback and felt that the proposed development could only improve the area, In rebuttal, Mr. Nicholas stated those in favor of the 70 ft. setback are opposing higher density and they do not want to open the door for others to divide their lots and put four or five dwelling units in, the future. There being no further testimony, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Merritt and carried. Mayor Greenberg declared a recess at 10:07 p.m. Meeting reconvened at 10:20 p.m., all members being present. Councilman Gilbertson moved to certify a Negative Declaration of Environmental Impact, seconded by Councilman Merritt and carried. Councilman Gilbertson stated that apparently when the tract was sub- divided a 70 ft. setback was established and he understands the property owners' desire to retain it, however, the fact remains that for the past 13 years there has been a 20 ft. setback; that while we have a majority of home owners in this particular area who favor the 70 ft. setback, we have six who actively oppose it and it is not relevant how long the Council Minutes, December 7, 1976 - Page 6 residents have lived there, all property owners have equal rights. The property owners who argue to keep their 70 ft. setback do not, in fact, have the open space they claim to have in that much of the space is filled with concrete driveways and parked cars, and a 70 ft. setback denies those persons opposed the right to use their property to its fullest potential. Councilman Merritt stated he agreed in part with Councilman Gilbertson. The property owner at the northwest corner of La Rosa Drive and Rosedale purchased the property and had plans drawn with the knowledge that a 20 ft. setback exists. Some of the property looks very nice, others do not, and the 70 ft. setback per se does not do much for the area; the zoning code would preclude higher density in the area as one proponent claims and he would be in favor of upholding the Planning Commission's decision. Councilman Dennis stated he would basically agree; that today's needs dictate development of land to its fullest; that each piece of property is unique and those who advocate a 70 ft. setback can accomplish this individually by deed restrictions on their property; that to change the zone-to accouuiiodate a 70 ft. setback would be spot zoning, and he feels Council should uphold the Planning Commission decision. Councilman Tyrell stated he felt the City made a mistake to create a 20 ft. setback throughout the City and perhaps it is time to review some areas of the City and establish other criteria, although a 70 ft. setback is probably too much. He felt that in this case 70 ft. is not appro- priate and possibly the City would be guilty of inverse condemnation by adopting a 70 ft. setback. Mayor Greenberg stated it is obvious that those who wish to maintain a 70 ft. setback can do so without denying the rights of other p ;operty owners to develop their property within the existing zoning code. Councilman Greenberg moved to deny the appeal and adopt Resolution No. 76-1600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING RESOLUTION NO. 76 -724PC DENYING A CHANGE OF ZONE IN ZONE CHANGE CASE NO. 76 -485, seconded by Councilman Merritt and carried. 11. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT CASE NO. 76 -489 - 5945 AND 5951 ROWLAND AVENUE City Manager Koski presented background information, stating the Plan- ning Commission, at their regular meeting held November 9, 1976, held public hearing and approved an application for conditional use permit to allow use of existing residential structures located at 5945 and 5951 Rowland Avenue to be used for religious and educational purposes. Planning Commission Resolution No. 76 -727PC imposed certain public works and other improvements and the applicant felt they were not familiar with the staff recommendations prior to the meeting and did not have adequate time to review them, and appealed the Planning Commission decision as it relates to the conditions set forth in their resolution., Mayor Greenberg declared the public hearing open. Planning Director Dragicevich gave staff report stating there are three parcels involved, two of which have dwellings and one vacant, presently used as rental units by the applicant, the area surrounding the,subject property is developed with single - family residences and semi - public uses (churches), a Negative Declaration of Environmental Impact has been filed in con- formance with the California Environmental Quality Act and the state guidelines. The Planning Commission, in granting the conditional use permit required that certain public works improvements be provided as set forth in their resolution. Mr. Arden Stevens,, 449 W. Walnut Avenue, Arcadia, member of the Board of Trustees, First Baptist Church, stated he felt the Planning Commission and staff misunderstood their intent in their request for a conditional use permit; their intent is to use only the residence located a 5951 Rowland Avenue for class room only on Sunday mornings, possibly as a small meeting room during the week when necessary, with no intention of Council Minutes, December 7, 1976 - Page 7 parking vehicles on the property. Because of the limited use of the residence, they feel the conditions attached to the granting of a conditional use permit are unreasonable, particularly since it will be used less than presently being used. In answer to questions put by Council, Mr. Stevens stated no activities would take place in the rear yard; the church did not enter on the rental property for maintenance purposes, however, in the future the property will be maintained in a presentable condition; and that he was familiar with and understood Condition 5. Mr. Allen Shinn, 5940 Agnes Avenue, stated any use of the property would be an improvement; that since the Planning Commission meeting he has contacted the Health Department regarding the rats and they have advised that the rats are due to the rubble and debris on the subject property. Mrs. Margaret England, 9916 Woodruff, stated that the neighborhood would be improved if they took as good care of the subject property as they do the church property; she felt they planned to use the property for some undisclosed purpose, otherwise they would not be giving up the rental income. Mr. Harold Oster, 5929 Camellia, stated that no provisions have been for spiritual growth in Temple City and the present rules and regulations have the effect of stopping growth of churches. Mrs. Maureen Truitt, 6008 Rowland, stated the application before the Planning Commission was for all three parcels, now they are asking for a conditional use permit for only one, as well as appealing the conditions required, and expressed an opinion they were not divulging the true pur- pose for their request. There being no other testimony, Councilman Dennis moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to certify the Negative Declaration of Environ- mental Impact filed in conformance with the California Environmental Quality Act and the state guidelines, seconded by Councilman Dennis. and carried. Councilman Dennis moved that based on the application being modified to request the use of 5951 Rowland Avenue only for Sunday class purposes, public works improvements required in Resolution No. 76 -727PC be deleted as follows: Items 2, 3(a), 3(b), 3(c), and 4, and require that the general maintenance of the property be to neighborhood standards, seconded by Councilman Merritt and carried. Councilman Dennis moved to adopt Resolution No. 76 -1601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY.GRANTING A CONDITIONAL USE PERMIT IN CONDITIONAL USE PERMIT CASE NO. 76 -489, seconded by Councilman Merritt and carried. 12. REQUEST FOR DEMOLITION OF SUB- STANDARD BUILDING - 9233 E. BLACKLEY STREET City Manager Koski advised that staff inspection of subject location made December 7, 1976, revealed the sub - standard structure has been demolished and the property cleared of all debris. Councilman Tyrell moved to terminate proceedings for demolition under Chapter 99 of the Building Code, seconded by Councilman Gilbertson and carried. 13. ENVIRONMENTAL IMPACT. REPORT FOR GRADING PERMITS City Manager Koski presented background information, stating the City has been informed by the Los Angeles County Engineering Department that, as a result of a recent court decision, the issuance of a grading permit is both ministerial'and discretionary, and therefore, within the scope of the California Environmental Quality Act of 1970; City Attorney has 3ouncil Minutes, December 7, 1976 - Page 8 advised that no separate Environmental Impact Report is required for grading unless the project itself requires an Environmental Impact Report and recommends City Council adopt such a policy. Councilman Gilbertson moved to approve policy recommended by the City Attorney and set forth in memo dated December 2, 1976, seconded by Councilman Merritt and carried. .4. ACCEPTANCE OF WORK: SLURRY SEAL PROJECT - FY 1976 -77, MAINTENANCE AREA 3B City Manager Koski presented background information stating City Council, at their regular meeting of September 7, 1976 accepted the low bid for the slurry seal project from Chamber -Mix Concrete, Inc., work was com- pleted by October 29, 1976 in accordance with plans and specifications, the County Road Department Maintenance Division inspected the work and the District Engineer recommends acceptance of the work. Councilman Tyrell moved to accept the work performed and authorize pay- ment in the amount of $18,585.41, authorize filing of Notice of Completion and release of 15% retention at the end of the 35 -day lien period, seconded by Councilman Dennis and carried. 1EW BUSINESS: _5. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of December 1, 1976 AMEND SECTIONS 3323 AND 3326 RELATING TO APPLICATION AND RENEWAL FEES AND REFUNDS FOR OVERNIGHT PARKING PERMITS City Manager Koski advised the Traffic Commission reviewed subject sections of the Municipal Code: and felt the need for a more equitable fee schedule and refund fee and recommended the adoption of an ordinance to amend Sections 3323 and 3326 to provide application and renewal fees, and refund amount, be established by minute order from time to time, and further re- commended if such ordinance is adopted, City Council establish by minute order a fee schedule wherein application fee and refund would be prorated from January 1 through June 30, and July 1 through December 31. Councilman Gilbertson moved to instruct the City Attorney to prepare the appropriate ordinance and adopt the fee schedule as outlined in memo dated December 2, 1976 and on file in the City Clerk's office, seconded by Councilman Dennis and carried. AMENDMENT TO BUILDING CODE RE: SECURITY PROVISIONS IN RESIDENTIAL STRUCTURES City Manager Koski presented background information, stating the County recently adopted ordinances amending sections of the County Building Code relating to emergency exits from sleeping units and dwelling units. Councilman Merritt moved to continue the matter for further study, seconded by Councilman Dennis and carried. .7. AGREEMENT BETWEEN CITY OF TEMPLE CITY AND AMERICAN RED CROSS City Manager Koski presented a Statement of Operational Relationships between the City and Pasadena Red Cross which outlines under what terms the Red Cross would serve Temple City in time of war or disaster; City Attorney has reviewed and approved the agreement as to form. Councilman Gilbertson moved to approve the agreement between City and American Red Cross and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. .8. SET PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE RE: RESIDENTIAL DRIVEWAY WIDTHS City Manager Koski advised the Planning Commission, at their regular meeting held November 23, 1976, held public hearing relating to residential driveway widths and adopted Resolution No. 76 -730PC recommending to City 1 Council Minutes, December 7, 19 19 6 - Page 9 Council an amendment to the Zoning Code with reference to same. Councilman Gilbertson moved to set public hearing December 21, 1976 to consider amendment to the Zoning Code re: residential driveway widths,,. seconded by Councilman Tyrell and carried. RESOLUTION NO. 76 -1598: DE TRUCTION OF RECORDS City Manager Koski presented background information, stating that pur- suant to Government Code, the head of a city department may destroy any city record, document, instrument or paper under his charge, with the approval of the legislative body by resolution and the written consent of the City Attorney after the same is no longer required with certain exceptions. Staff has prepared a proposed records retention schedule which identifies those records which must be maintained per- manently by law and'those files which may be destroyed with Council approval. The Auditor and City Attorney have reviewed the retention schedule and meets with their approval. Councilman Dennis moved to adopt Resolution No. 76 -1598 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS, seconded by Councilman Merritt and carried. 20. RESOLUTION NO. 76 -1599: WARRANTS & DEMANDS, Demand Nos. 5457 thru 5570 in the amount of $200,142.96 Councilman Gilbertson moved to adopt Resolution No. 76 -1599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DE- MANDS IN THE SUM OF $200,142.96, DEMAND NOS. 5457;THRU 5570, seconded by Councilman Merritt and carried. 21. COMMUNICATIONS: A. Claim for Wrongful Death - Sam Provenza, et al City Manager Koski presented Claim for Wrongful Death in the amount of $100,000.00 in the death of Ann Marie Provenza which occurred October 16, 1976, east of the intersection of Lower Azusa Road :and.Pal,Mal Avenue. Councilman Gilbertson moved to deny claim and refer the matter to the City's insurance carrier, seconded by Councilman Merritt and carried. B. Claim for Damages - Mrs. Frances Chubb City Manager Koski presented claim for damages, hospital bill in the amount of $109.50 from Mrs.. Frances Chubb for, injuries alleged to have . occurred on or about February 22, 1976 at 6218 Muscatel Avenue, Temple City. Councilman Tyrell moved to deny claim and refer the matter to the City's insurance carrier, seconded by Councilman Dennis and carried., 22. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: The City Council recessed at 11:45 p.m. to meet as the Community Redevelopment IAgency, all members being.present; approved the minutes of the regular meeting, held November 16, 1976;' requested City Council to quitclaim easements. within Parcel 5 of the Redevelopment Project area to the Agency; authorized solici tation of bids for the sale and /or demolition of the apartment house located at 8933 Broadway; approved construction plans for Millers Outpost outlined.int Exhibits "A ", "B ", and "C "; ted resolution and ado approving p pp g warrants and The minutes are set f rth in full in'the record of the Agency. RECONVENE AS CITY COUNCIL: 23. ACTION ON REQUEST BY CRA: A. Quitclaim Deeds - Easements to Community Redevelopment Agency Councilman Gilbertson moved to approve quitclaim of easements within Council Minutes, December 7, 1976 - Page 10 Parcel 5 covering certain portions of the property to be conveyed to David Miller, one a utility easement within what was formerly Wedgewood Avenue and an easement around the County Flood Control channel, to the Community Redevelopment Agency and authorize the Mayor and City Clerk to execute the same, seconded by Councilman Dennis and carried. 24. MATTERS FROM CITY OFFICIALS: A. County General Services Area Council received and filed a report concerning the proposal to es- tablish a County General Services area being coordinated by the Los Angeles County Division of the League of California Cities prepared by the California Contract Cities Association. B. Proposition 2, Coastal Park Bond Act of 1976 Council received and filed a report on a recent meeting called by the Los Angeles County Parks and Recreation Department regarding the dis- tribution formula to be used for allocation of money to eligible agencies in Los Angeles County which will be available as a result of the passage of Proposition 2 on the November ballot.; C. Lt. Richard Wallace advised the foot patrol program within the down- town shopping area will be extended to cover the shopping area at Rosemead Boulevard and Las Tunas Drive this Christmas season. D. Councilman Gilbertson directed Council's attention to the fact City Attorney Martin will be the speaker at the meeting of the San Gabriel Valley Association of Cities to be held December 16, 1976.. E. Councilman Dennis presented a bill for the City's share of funding the Criminal Justice. Planning Unit of the Los Angeles County Division, League of California Cities in the amount of $65.00. Councilman Gilbertson moved to authorize payment of the assessment in the amount of $65.00, seconded by Councilman Merritt and carried. F. Mayor Greenberg directed Council's attention to the 9th Annual Legislative Orientation conference to be held in Sacramento, January 19 -20, 1977. 25. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Gilbertson, meeting adjourned at 11:55 p.m. Next meeting of the City Council will be held Tuesday, December 21, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chi f Deputy City Clerk mtt