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HomeMy Public PortalAboutCity Council_Minutes_1977-02-15_Regular 1977CITY OF TEMPLE CITY CITY COUNCIL. MINUTES FEBRUARY 15, 1977 INITIATION: 1CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, February 15, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Norlyn Brough, Church of the Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: IU NFINISHED BUSINESS: 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, Regional Engineer Kriegel 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting held February 1, 1977, as written, seconded by Councilman Dennis and carried, 6. OVERNIGHT PARKING FEES - MUNICIPAL CODE SECTIONS 3323 AND 3325 City Manager Koski advised the City Council, at their regular meeting held January 18, 1977, adopted Ordinance No. 76 -442 relating to application and renewal fees and refunds for overnight parking permits. Subject ordinance becomes effective February 17, 1977 and, accordingly, City Council is requested to establish by minute order the permit fee, investigation fee, and refundable portion of the permit fee where application is denied. Councilman Gilbertson moved to approve the recommendation of the Traffic Commission that from. January 1 through June 30 application fee be $12; $6 investigation, $6 refund if application is denied; and July 1 through December 31 application fee is $9; $6 investigation, $3 refund if appli- cation is denied, all as set forth in memo dated February 18, 1977 and on file in the City Clerk's office, seconded by Councilman Merritt and carried. 7. OAK AVENUE: LAS TUNAS DRIVE TO GARIBALDI AVENUE - STREET IMPROVEMENTS (SEC. 230 SAFER ROADS DEMONSTRATION, 1973 FEDERAL AID HIGHWAY ACT) AUTHORIZATION TO ADVERTISE FOR BIDS 1 City Manager Koski presented background information, stating the City Council, at their regular meeting held July 20, 1976, certified the Environmental Impact Report and approved the plans and specifications for the improvement of Oak Avenue from Las Tunas Drive to Garibaldi Avenue and authorized their submission to the state. The advertising the project has been approved by FHWA, and staff is requesting early authorization to advertise for bids to provide time for utility re- locations, primarily gas and water, to meet the deadline dates established by the state under this program. Councilman Merritt moved to authorize the advertising and receiving of bids for the improvement of Oak Avenue, Las Tunas Drive to Garibaldi Avenue, with a bid opening March 29, 1977, seconded by Councilman Gilbertson and carried. CouncilMinutes, February 15, 1977 - Page 2 8. ACCEPT SEWER EASEMENT: LOMA AVENUE SEWER DISTRICT City Manager Koski advised the City Council, at their regular meeting of November 2, 1976, adopted resolution instituting proceedings for the construction of sanitary sewers in Loma Avenue, north of Sereno Drive and authorized the City Engineer to prepare plans and specifications for the proposed district. The City Engineer has advised that 10 of the 11 property owners have signed sewer - easements to the City; the property . owner who did not sign an easement has been advised that it will be his responsibility to provide a lateral from his property line to the point of connection. In answer to Councilman Tyrell's question regarding whether the property owner who did not sign an easement is fully aware of his future respon- sibility and the cost involved, Regional Engineer Kriegel advised the property owner was fully advised, that he supports the sewer district, but does not want to grant an easement. The City's only recourse would be through condemnation proceedings. Councilman Tyrell moved to accept the easements for sanitary sewers and authorize the City Engineer to proceed with recordation, seconded by Councilman Dennis and carried. NEW BUSINESS: 9: RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of February 2, 1977 A. TRAFFIC CONTROL (POST PATROLS) 1976 -77 RACING SEASON - DELETION OF SERVICES AT LOWER AZUSA ROAD - BALDWIN INTERSECTION City Manager Koski presented background information,' stating the Los Angeles Turf Club, in their annual request' for traffic control at certain intersections, requested deletion of the services of a traffic officer at the intersection of Lower Azusa Road and Baldwin Avenue. - Traffic Commission determined the City continue.to have traffic officers at the intersections of Holly and Live Oak, Live Oak and Baldwin, and Baldwin and Lower Azusa. until the Sheriff's Department had an opportunity to make an investigation. The Sheriff's Department surveyed traffic flow during the normal race track exodus hours at the intersection of Lower Azusa Road and Baldwin on Saturdays and determined there is.no longer a need at that location. Based upon the Sheriff's recommendation,.Traffic Commission recommends that the services of a traffic officer at the intersection of Lower Azusa Road and Baldwin Avenue be discontinued and that traffic officers be: provided at the two intersections consistent with previous years.. Councilman Tyrell moved to approve recommendation of the Traffic Com- mission to delete services at Lower Azusa Road and Baldwin Avenue, seconded by Councilman Dennis and carried. B. APPEAL OF OVERNIGHT PARKING PERMIT APPLICATION: JOE VENANZI, 9123 LAS TUNAS DRIVE i City Manager Koski presented background information, stating the Traffic Commission, at their regular meeting held February 2, 1977, reviewed application for two overnight parking permits and denied application on the basis there was parking reasonably available within 400 feet of the applicant's property and that the applicant has not made an effort to obtain off - street parking. Joe Venanzi, 9123 Las Tunas Drive, stated he does not feel parking within 400 feet is reasonably available, when he must pay approximately $288 per year for parking his vehicles, particularly in view of the fact that the available parking space is through an unlicensed parking lot operator who does not have sufficient lighting nor liability insurance to protect his vehicles. Further, he had an overnight parking permit last year and nothing has changed. Councilman Gilbertson stated he is aware Mr. Venanzi's landlord was supposed to provide access for parking his trucks; he has failed to comply and for that reason applicant wishes the City to provide on street parking. Council Minutes, February 15, 1977 - Page 3 Councilman Dennis stated that if it is reasonable to park in a driveway or garage in the residential areas, applicants are required to do so. He feels the option to the applicant is to lease a property; with sufficient facilities for his business, and he would favor granting a temporary permit to give applicant an opportunity to work out a new lease. Councilman Tyrell stated he does not approve of overnight parking permits on Las Tunas Drive; that it is unrealistic to lease a property without adequate facilities for his purposes. Mayor Greenberg stated he did not agree with Traffic Commission that there is reasonably available parking space within 400 feet when the applicant must pay $24 per month, however many businesses in the community are paying to store their vehicles when they do not have ade- quate parking on their property, and he feels it is in the best interest of the businessman to make sure the property he is leasing has adequate facilities for his uses. Councilman Tyrell moved to approve application for two overnight parking permits to June 30, 1977 to permit applicant to work out a lease with sufficient facilities for his business, seconded by Councilman Gilbertson and carried. 10. APPROVAL OF WATER SYSTEM AND RELEASE OF FAITHFUL PERFORMANCE BOND - TRACT NO. 29602 - east side of Baldwin between Olive and Green Streetss City Manager Koski presented background information, stating the City Engineer has informed that the water main system and appurtenances fors the subject tract has been completed in accordance with plans and specifications in a manner satisfactory to him. Councilman Tyrell moved to find all the work has been completed as required by the Subdivision Water System Agreement for Tract No. 29602;, release the Subdivision Water System Agreement between the City and the subdivider and release the surety bond in the amount of $70,000, seconded by Councilman Merritt and carried. 11. PUBLIC WORKS EMPLOYMENT ACT - CONSTRUCTION OF STREETS AND SIDEWALKS On. motion by Councilman Tyrell, seconded by Councilman Merritt and carried, Council confirmed their approval for Mayor to accept Offer of Grant, and instructed City Clerk to certify the acceptance for the construction of streets and sidewalks under the Public Works Employment. Act. 12. RESOLUTION NO. 77 -1609: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution. No. 77 -1609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis and carried. 13. RESOLUTION NO. 77 -1610: WARRANTS & DEMANDS, DEMAND NOS. 5946 THRU 6011 IN THE AMOUNT OF $12,221.18 Councilman Gilbertson moved to adopt Resolution No. 77 -1610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND' DEMANDS IN THE SUM OF $12,221.18, DEMAND NOS. 5946 THRU 6011, seconded by Councilman Merritt and carried, Mayor Greenberg noting his non - participation with regard to check number 5989. 14. COMMUNICATIONS: A. Supervisor Schabarum re: Unemployment Insurance for Public Employees. Mayor Greenberg advised he had received a communication from Supervisor. Schabarum expressing his concern over the financial impact legislation to provide mandatory unemployment insurance coverage for all public employees will have upon state and local governments, and asking the City's support in challenging the constitutional authority of Congress: to enact Public Law 94 -566. Council Minutes, February 15, 1977 - Page 4 It;was the consensus of the Council to write a letter to Supervisor Schabarum advising him of the City's support and that opposition to Public Law 94 -566 would be more effective through the League of California Cities, B. Chamber of Commerce re: Request to conduct Art Festival, Saturday, April 30, 1977 . City Manager Koski presented communication from the Chamber. :of Commerce requesting permission to conduct an Art Festival on the sidewalks along Las Tunas Drive from Cloverly Avenue to Kauffman Avenue, Saturday, April 30, 197.7, 9 a:m. to 5 p.m., and to hang a banner across Las Tunas Drive, east of Temple City Boulevard. Councilman Dennis moved to approve the request of the Chamber of Commerce to conduct an Art Festival as set forth in their letter dated Feb- ruary 10, 1977, seconded by Councilman Merritt and carried. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward to speak. RECESS TO CRA: The City Council recessed at 8:12 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held February 1,.1977; confirmed the demolition contract for 8929 and 8933 Broadway; continued consideration of the proposed wall signs for Clark Drugs to March 1, 1977; and adopted resolution approving warrants and demands. 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. Request for Encroachment Permit: 9475 E. Las Tunas Drive City Manager Koski advised that Denny's, Inc., owners of Winchell Donut located at the northwest corner of Las Tunas Drive and Cloverly Avenue, have requested an encroachment permit inasmuch as the recently constructed concrete planter encroaches 12 ft. along Las Tunas Drive and 13 ft. along Cloverly Avenue, approximately 50 sq. ft. into the right-of-way. The owner's contractor proceeded with construction and landscaping of the planter without consulting staff regarding the conditions set forth in Planning Commission Resolution No. 76 -718PC which required an encroachment permit. Mr. John Emanuelii, Real Estate Department of Denny's, Inc., stated the contractor completed the concrete work and landscaping without . first having gotten an encroachment permit as the Planning Commission had required, however he feels the corner cut -off is in the minority and if a liability factor exists it must exist at other corners. In answer to inquiry from Council, City Attorney Martin stated an additonal item could be added to the covenant stating the applicant will assume all liability and hold the City harmless, and that they will maintain adequate public liability and property damage insurance naming the City additionally insured, and maintain with the City a certificate of insurance. Councilman Tyrell moved to approve request for encroachment permit subject to the applicant executing the necessary covenant and maintaining a certificate of insurance on file with the City Clerk, seconded by Councilman Gilbertson and carried. Council Minutes, February 15, 1977 - Page 5 B. AGREEMENT - CITY OF TEMPLE CITY AND AMERICAN LITTLE LEAGUE City Manager Koski presented the proposed agreement between the City and Temple City American Little League for the construction of a concession stand at Live Oak Park. Councilman Tyrell expressed concern that Temple City American Little League is the only organization accepting responsibility for the construction of the concession stand, and inquired whether a coalition of sports groups would, in fact, be working on this Councilman Tyrell expressed concern that Little League will feel they should have a bigger share of the profits, that he does not necessarily disagree with that if they accept the entire burden for the construction. Mayor Greenberg stated he was not concerned with who constructs the con- cession stand, as long as they understand the building is to be used for the benefit of the community and feels that should be incorporated into the agreement. Parks and Recreation Director Kobett advised the American Little League made the presentation to the Council; they have had meetings with repre- sentatives of other youth groups and identified the need for a larger building to provide storage for their equipment, and that other organi- zations will have the opportunity to use the facility during their season of play; Youth Football and Youth Soccer have been using the existing building during their seasons which vary in length and some organizations operate weekdays only, some on Saturdays. In answer to Councilman Tyrell's question with regard to an agreement between the youth organizations to share in the profits, Mr. Kobett stated the organization whose sport is in season will operate the con- cession stand and take any profit or loss. The proposed agreement before Council at this time reflects the construction aspects only. There will have to be a use agreement developed amongst the interested parties. Councilman Tyrell moved to approve the agreement in concept and instruct the Parks and Recreation Commission to appoint an agent to develop a use agreement between the interested parties for the operation of the con- cession stand, seconded.by Councilman Gilbertson and carried. C. CONTRACT CITIES ASSOCIATION - LIABILITY INSURANCE PROPOSAL City Manager Koski advised the final report prepared by, the insurance consulting firm has been received and a March 1 deadline has been set for interested cities to make an initial commitment to participate in the formation of a Joint Powers Authority to explore reasonable alter - natives to meet future City insurance needs. If the City supports the formation of a Joint Powers Authority, Contract Cities has asked the City pay a proportionate share of the cost for setting up the JPA which is a fee for the Committee of City Attorneys who would draw up the joint agreement in the amount of $50, however not until the final decision is established concerning the formula for allocation of costs would the City be required to make a commitment to the program itself. Councilman Tyrell moved the City Council support formation of the JPA, designate Councilman Merritt to represent the City on the governing JPA Board and authorize payment in the amount of $50, seconded by Councilman Gilbertson and carried. D. PARKING /STORING OF OVERWEIGHT COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTIES 0 City Manager Koski distributed proposed ordinance to amend the Temple City Zoning Code relating to the parking of commercial vehicles on residential properties. Councilman Gilbertson moved to set public hearing March 1, 1977 and refer the matter to the Planning Commission for recommendation, seconded by Councilman Tyrell and carried. Council Minutes, February 15, 1977 - Page 6 E. Councilman Tyrell again requested Mayor Greenberg appoint a committee to study and make recommendations for the implementation of a conservation plan for our natural resources. F, Councilman Gilbertson reminded Council of the meeting of the San Gabriel Valley Association of Cities Thursday, February 17, 1977, and advised a resolution will be presented to support the formation of a City - Managers' Division of the association. G. Councilman Merritt inquired as to how the occupancy permit would regulate a new business moving into town and leasing without the necessary facilities in the conduct of that business. Regional Engineer Kriegel advised the occupancy permit does not prevent zoning code violations, but rather is concerned with building code violations. H. Mayor Greenberg stated he has made use of materials in the files relating to conservation in the City Newsletters being distributed to the residents and does not feel a citizens committee would generate more information than that on hand. He did, however, instruct staff to contact the water companies in order to determine the average water use by City residents. I. On motion by Councilman Tyreli, seconded by Councilman Merritt, John S. McVey was appointed to the vacancy on the Parking Commission effective immediately. J. Councilman Tyrell commented on the brochure received from the Sheriff's Department entitled "Kidnappers and You" and instructed staff to request a number of copies be made available to the City for dis- tribution to the Chamber of Commerce, PTA, and others. 18 ADJOURNMENT: On motion by Councilman Gilbertson, seconded by Councilman Dennis, and carried, meeting adjourned at 9:08 p.m. Next meeting of the City Council will be held Tuesday, March 1, 1977, 7:30 p.m. in the Council Chamber of the City Hall. MAYOR ATTEST: Chief Deputy City Clerk