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HomeMy Public PortalAboutCity Council_Minutes_1977-01-18_Regular 1977CITY OF TEMPLE CITY CITY,COUNCIL MINUTES JANUARY 18, 1977 INITIATION: 1. CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, January 18, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Dean Grelling, Temple City Southern Baptist Church, 5221 El Monte Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. At this time, Mayor Greenberg announced that Mrs. DeNeige Clark, wife of former Commissioner Carl Clark had passed away the morning of January 18, 1977 and that funeral services would be held Saturday, January 22, 1977 at 10:00 a.m. at. the Temple City Baptist Church. Councilman Tyrell asked his fellow Council Members, staff and those in the audience to join him in a moment of silent prayer in memory of Denny. 4 ROLL CALL: Present: Councilmen- Gilbertson, Merritt, Tyrell, Greenberg Absent: Councilmen- Dennis Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning. Director Dragicevich, Parks and Recreation Director Kobett Councilman Tyrell moved to excuse Councilman Dennis for cause, seconded by Councilman Merritt and carried. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting held January 4, 197.7, as written, seconded by Councilman Tyrell and carried. UNFINISHED BUSINESS: 6 ORDINANCE NO. 76 -442: 2nd read. AMENDMENT TO SECTIONS 3323 AND 3326 OF THE MUNICIPAL CODE RELATING TO APPLICATION AND RENEWAL FEES AND REFUNDS FOR OVERNIGHT PARKING PERMIT City Attorney Martin presented Ordinance No. 76 -442 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3323 AND 3326 OF THE TEMPLE CITY MUNICIPAL CODE for second reading by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Council- man Gilbertson and carried. 7 ORDINANCE NO. 76 -443: 2nd read. AMENDMENT TO THE TEMPLE CITY ZONING CODE RE: RESIDENTIAL DRIVEWAY WIDTHS City Attorney Martin presented Ordinance No. 76 -443 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATING TO DRIVEWAY WIDTH for second reading by title only. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 8 PUBLIC HEARING: 7:30 p.m. PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE RE: HOME OCCUPATION City Manager Koski presented background information, stating home occupations are listed under the conditional use permit classification and are provided for in Section 9117(6) of the Zoning Code, and the requirement for a conditional use permit creates an unnecessary hard- ship on the applicant. Planning Commission.held public hearing Council Minutes, January 18, 1977 - Page 2 December 14, 1976 and adopted resolution to eliminate home occupations from the conditional use permit category. Mayor Greenberg declared the public hearing open. There being no further staff report, Councilman Gilbertson moved to include the Planning Commission minutes a part of the record, seconded by Council- man Merritt and carried. Mayor Greenberg invited anyone wishing to speak to the issue to come forward. There being no one to come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Gilbertson and carried. Councilman Merritt moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Gilbertson and carried. City Attorney Martin introduced Ordinance No. 77 -444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATING TO HOME OCCUPATIONS for first reading by title only. Councilman Tyrell moved to waive further'reading, seconded by Councilman Gilbertson and carried. NEW BUSINESS: 9. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of January 5, 1977 A. TRELAWNEY AVENUE, SOUTHERLY OF OLEMA - PARKING RESTRICTIONS City Manager Koski presented background information, stating the Traffic Commission received a petition for parking restrictions from property owners on Trelawney Avenue, southerly of Olema to eliminate problems of all day parking and the attendant nuisances and incon- veniences from the high school. The Commission notified the affected property owners they were considering posting "No Stopping 7 a.m. to 5 p.m. School Days Only" signs identical to those posted northerly on Trelawney, and of the seven property owners involved, six favored some restriction, and Commission excluded the dissenting property recommendation owner in their recommendation to City Council that signs "No Stopping 7 a.m. to 5 p.m. School Days Only" be posted. Councilman Merritt moved to approve Traffic Commission recommendation to post "No Stopping 7 a.m. to 5 p.m., School Days Only" signs on Trelawney between 6421 and 6403 and from 6418 to 6410, seconded by Councilman Gilbertson and carried. B. ROSEMEAD BOULEVARD, WEST SIDE, ADJACENT TO SERVICE ROAD City Manager Koski presented background information stating that at the request of the Sheriff's Department, Traffic Engineer made a field investigation of the existing signing and markings for exiting traffic from the service road paralleling Rosemead Boulevard on the west side, south of Eaton Wash. The Traffic Engineer recommended additional signs within the state right -of -way and red curb markings within the City's jurisdiction. Traffic Commission concurred with the Traffic Engineer's recommendation and recommends to City Council additional signs on the east side of the west service road to Rosemead Boulevard and placing of red curb markings on the west side of Rosemead Boulevard, all as set forth in staff memo dated January 13, 1977 and on file in the City Clerk's office. Councilman Gilbertson moved to approve the Traffic Commission recommendation for additional signing and markings on Rosemead.Boule west side, adjacent to service road as set forth in memo dated January 13, 1977 and on file in the City Clerk's office, seconded by Councilman Merritt and carried. 10. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of January 11, 1977 SET PUBLIC HEARING: TENTATIVE TRACT NO. 33072 - 10236- 10244 E. LIVE OAK AND 5629-5645 GRACEWOOD (WILEMAN) City Manager Koski presented background information stating the Planning Commission, at their regular meeting of January 1.1, 1977, held public hearing and adopted Resolution No. 77 -737PC approving Council Minutes, January 18, 1977 - Page 3 Tentative Tract No. 33072 for property located at the southwest corner of Live Oak Avenue and Gracewood Avenue to divide the pro- perty into 6 parcels. An Initial Study of the Assessment of Environmental Impact was prepared by staff. Councilman Gilbertson moved to approve the Initial Study of Environ- mental Impact will permit a Negative Declaration, seconded by Council- man Merritt and carried. Councilman Gilbertson moved to set public hearing on Tentative Tract No. 33072 February 1, 1977, seconded by Councilman Tyrell and carried. 11. PROPOSED AMENDMENT TO THE TEMPLE CITY MUNICIPAL CODE RE: PROSECUTION OF UNABATED PROPERTY NUISANCES 1 1 City Attorney Martin advised that procedure by the District Attorney under Section 370 of the California Penal Code in nuisance cases produces little result and the conviction rate is extremely low; the District Attorney's office feels that property nuisance cases will be processed more expeditiously if the Municipal Code designates unabated property nuisances to be punishable as misdemeanors and presented Ordinance No. 77- 445 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SECTION 4245 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO PROPERTY NUISANCES. Councilman Tyrell moved to introduce Ordinance No. 77 -445 for first reading by title only, seconded by Councilman Merritt and carried. 12. AGREEMENT RE: STUDENT AND THE LAW - BETWEEN CITY AND ST. LUKE'S SCHOOL City Manager Koski advised in the 1976 -77 budget, City Council pro- vided funds for the Student and the Law program and City is now participating with Oak Avenue, First Lutheran and Cleminson School. Staff has discussed the program with Sister Eleanor, principal at St. Luke's School who has indicated a desire to implement the program for the spring semester. Cost'of the program would be $750 with the City contributing $500. Councilman Gilbertson moved to approve Agreement with St. Luke's School for Student and the. Law and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 13. RESOLUTION NO. 77 -1606: WARRANTS & DEMANDS, Demand Nos. 5719 thru 5841 in the amount of $101,583.08 Councilman Merritt moved to adopt Resolution No. 77 -1606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $101,583.08, DEMAND NOS. 5719 THRU 5841, seconded. by Councilman Gilbertson and carried, Mayor Greenberg noting his non - participation with respect to check number 5815. 14. COMMUNICATIONS: A. Chamber of Commerce - Requests re: 33rd Camellia Festival City Manager Koski presented a request from Dr. Warren Hall, Chairman of the 33rd Annual Camellia Festival, for use of bleachers, light standards for hanging banners, street parking ban as needed, use of Temple City Park, as set forth in their letter dated January 4, 1977. Councilman Gilbertson moved to approve, subject to necessary permits, legal requirements, and certificate of insurance, seconded by Council- man Merritt and carried. B. Claim for Damages - Senia Jackson City Manager Koski presented a claim from Senia Jackson of San Marino for damages alleged to have occurred January 5, 1977 in the vicinity of 5918 N. Cloverly Avenue. Councilman Gilbertson moved to deny claim and refer to the City's insurance carrier, seconded by Council- man Merritt and carried. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. Council Minutes, January 18, 1977 - Page 4 RECESS TO CRA: The City Council recessed at 7:52 p.m. to meet as the Community Redevelop- ment Agency, Mr. Dennis being absent; approved the minutes of the regular meeting held January 4, 1977; held public hearing relating to the sale and off -site relocation of structures and approved agreement with highest bidder; adopted resolution approving warrants & demands; approved Quitclaim Deed for Los Angeles County Flood Control District to the Agency for excess land and approved easement to the Flood Control District for ingress and egress. The minutes are set forth in full in the record of the Agency. RECONVENE AS CITY COUNCIL: 16. ACTION ON REQUEST BY CRA: There was no action to be taken. 17. MATTERS FROM CITY OFFICIALS: A. Spring Meeting, City Manager's Department, League of Calif. Cities Burlingame, February 16 -18, 1977 Councilman Gilbertson moved to approve the City Manager's attendance at the 1977 Spring Meeting of City Managers, League of California Cities, to be held in Burlingame, February 16 -18, 1977 and authorize attendant expenses, seconded by Councilman Merritt and carried. B. Appointment of Parking Commissioner City Council received and filed a memo advising that Government Code Section 54974, requires that an unscheduled vacancy on commissions must be posted by the City Clerk within 20 days after such unscheduled vacancy occurs, and prohibits appointment to the position for 10 days after the posting of the notice. C. Public Works Employment Act - Improvement of Alleys City Manager Koski advised the City received an Offer of Grant under the Public Works Employment Act for the improvement of alleys in the amount of $167,473; the Mayor must accept the offer and agree to the Standard Terms and Conditions which constitutes the Grant Agreement and return to the Economic Development Administration prior to January 20, 1977. Councilman Gilbertson moved to approve and authorize the Mayor to accept the Offer of Grant and instruct the City Clerk to certify to the acceptance, seconded by Councilman Merritt and carried. D. Councilman Gilbertson expressed the opinion that the seminar conducted by the San Gabriel Valley Association of Cities on January 15, 1977 was very informative and worthwhile. Councilman Gilbertson also stated he would be taking the draft of proposed legislative relating to County government which he prepared with the City's Attorney's assistance to Sacramento when he attends the Contract Cities Legislative Conference January 19 -20, 1977. E. Councilman Tyrell advised he had received a letter from HOY which he will forward to Council with response he intends to prepare for their review. 18. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Gilbertson, meeting adjourned at 8:10 p.m. to a Study Session. Next regular meeting of the City Council will be held Tuesday, February 1, 1977, 7:30 p.m. in the Council.Chamber of the City Hall. CeA MAYOR ATTEST: Chief Deputy City Clerk I