Loading...
HomeMy Public PortalAboutCity Council_Minutes_1977-02-01_Regular 1977CITY OF TEMPLE CITY CITY.000NCIL MINUTES FEBRUARY 1., 1977 INITIATION:. 1'. CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7 :30 p.m. on Tuesday, February 1, 1977, in the Council Chamber of the City Hall. 2 The invocation was given by Reverend Ted Hartman, First Lutheran Church, 9123 E. Broadway. 3 The Pledge of. Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL:, Present: Absent: Also Present: Councilmen - Dennis, Gilbertson ,Merritt,Tyrell,Greenberg Councilmen -None City. Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett APPROVAL OF MINUTES: Councilman Tyrell moved meeting held January 18 Gilbertson and carried, UNFINISHED BUSINESS: to approve the minutes of the regular , 1977, As written, seconded by.Councilman Councilman Dennis abstaining 6. ORDINANCE NO. 77 -444: 2nd read. AMENDMENT TO TEMPLE CITY ZONING CODE RE: HOME. OCCUPATION City Attorney Martin presented 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 second reading by title only. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Tyrell and carried. 7. ORDINANCE NO. .77 -445: 2nd read. AMENDMENT TO TEMPLE CITY. MUNICIPAL CODE RE:' PROSECUTION OF UNABATED PROPERTY NUISANCES City Attorney Martin 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 for second reading by title only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 8. PUBLIC HEARING: 7:30 p.m. TENTATIVE TRACT NO. 33072 - 10236- 10244 E. LIVE OAK AVENUE AND 5629 -5645 GRACEWOOD (WILEMAN) City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of January 11, 1977, . held public hearing and adopted Resolution N(1) 77737PC approving Tentative Tract No. 33072 to divide subject property which is located at the southwest corner of Live Oak Avenue and Gracewood Avenue into 6 parcels, two of which contain two residential dwelling units. City Council, at their regular meeting held January 18, 1977, approved Initial Study authorizing a Negative Declaration of. Environmental Impact and set public hearing for February 1, 1977. Mayor Greenberg declared the public hearing open. Planning Director George Dragicevich gave staff report, and by means of Exhibit "A" presented applicant's proposal to divide the property into 6 parcels ranging in size from 9,700 to 19,800 sq. ft.; as a part of Planning Commission action, a zone variance was approved to permit two existing residential structures to remain on two of the parcels in the subdivision which is located in an R -1 zone (Parcels Council Minutes, February 1, 1977 - Page 2 5 and 6). Staff prepared two alternative plans relating to the proposed subdivision. Alternative "A" would result in 9 lots, a maximum of 3 existing houses could be preserved with a variance; alternative "B" would result in .7 lots, with 3 existing.dwellings preserved under this plan. In answer to Councilman Tyrell's.question, Planning Director Dragicevich advised the applicant has not had an opportunity to consider staff's alternatives. Councilman Gilbertson moved to include the Planning Commission minutes a part of the record, seconded by Councilman Tyrell and carried. Mayor Greenberg invited anyone wishing to speak to the issue to come forward. Morris Finley, 1047 E. Las Tunas Drive, San Gabriel, stated he had prepared the tentative map for the owner, stated the applicant has owned the property for many years and was.developed under existing ordinance prior to the City's incorporation; he now wants, to divide the property, selling off parcels 4, 5.and,6;'that the owner. feels the. staff. alternatives would be acceptable if the residential dwellings are 'not.required to be. removed; owner proposes to remove the. driveway through parcels 4 and 5 and create a driveway on parcel 6, constructing • two .new garages; with the creation of additional parcels, the owner proposes to include many, public works improvements. In answer to Councilman Gilbertson's question regarding access to the rear dwelling unit' on parcel. 5, Mr. Finley stated the Fire .Department requires access to within 300 ft. and their access in this situation is 150 ft. Mr. Finley also advised it would not be economically...feasible to relocate'the existing houses to another foundation on'.parcels 5 and 6 inanswer to Councilman'Gilbertson's question. There being no-one else to come.forward to speak, •Councilman Gilbertson .moved to close the public. hearing, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to certify the Negative'Declaration.of Environmental Impact, seconded by Councilman Dennis and carried. Councilman Gilbertson questioned the.City Attorney if a new tract . is approved creating something contrary to existing code, is a new legal non - conforming use created, City Attorney Martin advised that with the P,lanning'Commission approval of a variance for parcels 5 and 6, they would be conforming uses Also .the variance granted by' the Planning Commission is dependent on approval of the tentative . tract map by City Council,. In answer to Councilman Dennis' question,. City Attorney Martin advised if the dwelling units on parcel 5. and 6 were removed they could be r.eplaced.by- virtue of.the variance granted by Planning Commission. Councilman Gilbertson stated he does not feel the City should . impose an alternate plan for the applicant; however he would hope the .applicant would work with staff in develerL g a plan which, would be mutually agreeable. Councilman Tyrell felt it may be better. to do nothing at this time. At such time as the existing dwellings are amortized, the applicant would come in with a plan. Councilman Dennis stated he is against creating a non - conforming use in an R -1 zone, and he could not approve the proposed tract map. Councilman Tyrell moved to deny Tentative Tract Map No. 33072 on the basis that to approve same would legalize a non - conforming use in that two of the parcels would have two residential dwellings in an R -1 zone which is contrary to the zoning ordinance, seconded by Councilman Gilbertson and carried. Council Minutes, February 1, 1977 - Page 3 9. AMENDMENT TO CETA, TITLE II, AGREEMENT City Manager Koski advised that funding has been provided under Title II of the Comprehensive Employment and Training Act and the County has provided for extension of the Sub- agreement through March 31, 1977. The total amount of funds available under Title II is $19,291. Councilman Tyrell moved to approve Amendment to CETA Title II Contract and authorize the Mayor to sign, seconded by Councilman Gilbertson and carried. NEW BUSINESS: 10. BUILDING CODE REGULATIONS FOR HANDICAPPED City Manager Koski presented background information, stating the present Building Code regulations require that handicapped facilities be provided on floors above the first floor in commercial buildings even though no access is provided by level entry, ramp or elevator. The revised Building Code will allow exemption, however that revised code will not be available until July. In the interim, the Building Department will exempt this requirement if so instructed. Councilman Tyrell moved to authorize staff to exempt certain pro- visions of the Building Code pertaining to the facilities for the handicapped, seconded by Councilman Dennis and carried. 11. RESOLUTION NO. 77 -1607: EMPLOYMENT OF PERSONNEL Councilman Gilbertson moved to adopt Resolution No. 77 -1607 A RE- SOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Tyrell and carried. 12. RESOLUTION NO. 77 -1608: WARRANTS & DEMANDS, Demand Nos. 5842 thru 5945 in the amount of $47,315.89 Councilman Gilbertson moved to adopt Resolution No. 77- 1608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS. AND DEMANDS IN THE SUM OF $47,315.89, DEMAND NOS. 5842 THRU 5945, seconded by. Councilman Merritt and carried. 13. COMMUNICATIONS: A. Vendors Along Parade Route Camellia Festival, February 26, 1977 City Manager Koski presented recommendation from the Camellia Festival Committee regarding vendors along the parade route, assembly and disbanding areas on the day of the parade, to include seven organi- zations. Councilman Gilbertson moved to approve organizations as listed 1 through 7 in the recommendations of the Camellia Festival Committee, . seconded by Councilman Merritt and carried. 14 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:• ' Mr. Robert Owens, President,•Chamber of Commerce, extended to Council an invitation to attend the Camellia Coronation to be held at Memoli Hall, Friday, February 4, 7:30 p.m. RECESS TO CRA: The City Council recessed at 8:02 p.m. to meet as the Community Redevelop -_ ment Agency, all members being present; approved the minutes of the regular meeting held January 18, 1977; authorized the Executive Director to award demolition contract to the lowest responsible bidder; approved site plan, floor plan and elevation plan for Builder's Emporium; adopted resolution approving warrants and demands; and approved the acquisition of furniture at 8929 and 8933 Broadway to expedite removal of the apartment structure. The minutes are set forth in full in the record of the Agency. Council Minutes, February 1, 1977 - Page 4 RECONVENE AS CITY. COUNCIL:. 15.. ACTION ON REQUEST BY CRA: There was no action to be taken. 16. MATTERS FROM CITY OFFICIALS: A. Request to attend California Park and Recreation Society Conference, February 26 through March 1, 1977, Anaheim Councilman Merritt moved to authorize the Parks and Recreation Director to attend California Park and Recreation Society Con - ference to be held February 26 through March 1, 1977 in Anaheim and approve the attendant expenses, seconded by Councilman Gilbertson and carried. B. Concession Stand for Live Oak Park City Manager Koski presented background information, stating City Council, at their Study Session held August 31, 1976, authorized participation with American Little League to construct a new con - cession stand at Live Oak Park to a maximum of $18,000; the original concept for construction called for the City to complete certain improvement through bid with the American Little League being responsible for completion of the project. To facilitate orderly construction, it is recommended that American Little League be responsible for the entire project and that the organization be authorized repayment for approved project construction costs to a maximum of $18,000. Councilman Gilbertson moved to find that it is essential that certain facilities be available at Live Oak Park to support public use of the park facilities; that certain organized youth groups have volunteered to contribute to the development of needed facilities through the contribution of monies and labor; that the City Council has previously authorized expenditure of funds to a maximum of $18,000 to assist with the construction of the needed facility; that plans and specifications suitable for public bid are not presently . available; that adequate plans for volunteer youth groups to construct the facility are presently available; that it has been determined to be impractical for the City . to construct a portion of the facility under public bid and coordinate the completion with the contractors and volunteer workers 'and, therefore, in order to expedite the con- struction and availability of the concession stand at the earliest possible date, the City Council does hereby determine that it is in the public interest to forego public bid for the City's portion of the construction and to place on deposit a sum of money in the amount of $18,000 to be used by designated youth organizations for the construction of the concession stand and who will be responsible for the completion of the facility, seconded by Councilman Tyrell and carried. 1 C. Alley Reconstruction - Cash Contract 1222X, Public Works Employment Act of 1976 - approve plans and specifications and authorize advertising of bids City Manager Koski advised the .County Road Department has completed plans and specifications for the improvement of commercial alleys within the City pursuant to Council ;authorization, as shown on exhib Councilman Tyrell moved to approve the plans and specifications and authorize the Superintendent of Streets to advertise for bids, seconded by Councilman Merritt and carried. D. Mayor Greenberg distributed proposed budget calendar as prepared by the City Manager and set study sessions with the various Commissions February 28 and March 14. E. City Attorney Martin directed Council's attention to a typographical, error in Ordinance No. 76 -437 relating to compensation for overtime. Councilman Merritt moved to correct Section 1 (b) to reflect com- pensatory time off equal to one and one -half times the number of hours of overtime worked, seconded by Councilman Gilbertson and carried. 1 Council Minutes, February 1, 1977 - Page 5 E. City Attorney Martin advised that Assemblyman Mike Cullen of Long Beach had introduced a bill this week relating to county reorganization. 17. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Gilbertson meeting adjourned at 8:15 p.m. Next regular meeting of the City Council will be held Tuesday, February 15, 1977, 7:30 p.m. in the Council Chamber of the City Hall. o ATTEST:, Chef Deputy City Clerk MAYOR