HomeMy Public PortalAboutCity Council_Minutes_1977-06-07_Regular 1977CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 7, 1977
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to
order at 7:36 p.m.. on Tuesday, June 7, 1977, in the Council
Chamber of the City Hall.
2. The invocation was given by Dr. John Gustausen, First Baptist
Church of Temple City, 6019 N. Baldwin Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present: Councilmen - Dennis, Gilbertson ,Greenberg,Tyrell,Merritt
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 Gilbertson moved to approve the minutes of the regular
meeting of the City Council held May 17, 1977, as written, seconded
by Councilman Greenberg and carried, Councilmen Dennis and Tyrell
abstaining.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 77 -448: 2nd read. AMENDMENT TO ZONE CODE SECTION
9352 (4)(c)(7), R -2 SITE PLAN REVIEW
City Attorney Martin read Ordinance No. 77 -448 AN ORDINANCE OF THE
CITY OF TEMPLE CITY DELETING SECTION 9352(4)(c)(7) FROM THE TEMPLE
CITY MUNICIPAL CODE by title only. Councilman Greenberg moved to
waive further reading and adopt, seconded by Councilman Gilbertson
and carried.
7. PUBLIC HEARING: 7:30 p.m. SIDEWALK PETITION - ROWLAND AVENUE, WEST
SIDE, LIVE OAK TO WORKMAN AVENUE (Chapter 27, Streets & Highways Code)
Assistant City Manager Biel gave background information, stating
since the regular City Council meeting of May 17, 1977, at which time
this matter was continued to June 7, 1977, the withdrawal of one
signatory to the petition for sidewalks, representing 100 ft. within
subject limits, reduced the percentage to 33; that additional letters
of protest have been received.
Mayor Merritt declared the continued public hearing open and invited
anyone wishing to speak to the issue to come forward.
Mr. John Long, 5739 Rowland Avenue, stated he is against the instal-
lation of sidewalks; that the cost is too much compared to the benefits
gained. There are no schools in the immediate vicinity and the
street traffic is not busy.
Helen Brown, 5749 Rowland Avenue, stated the traffic on Rowland is
minimal; foot traffic is minimal, and she knows of only one resident
in the neighborhood who would use sidewalks.
Sandra Casper, 5723 Rowland Avenue, stated she circulated the petition
because she felt it was necessary for the safety of the children on
the block of whom there are 11 under the age of 8. Cars turning off
of Live Oak Avenue never slow down and she feels it is better to spend
$400 on sidewalks rather than in hospital bills. Mrs. Casper also
stated that many cars use Rowland Avenue as a by -pass to Baldwin.
Council Minutes, June 7, 1977 - Page 2
Neil McElwee, 5759 Rowland Avenue, stated when he originally signed
the petition approximately 50% of the property owners were in favor
of the installation of sidewalks; unfortunately, the owner of the
property with 100 ft. frontage has sold his property, which is in
escrow, and had to withdraw his support. Mr. McElwee stated if 33%
is not enough for a favorable action on the part of Council, he
requested the matter be tabled until such time as the new owner
can represent himself; that a traffic survey be taken and compared
to a comparable street with sidewalks.
Mariann Pixley, 5733 Rowland Avenue, stated she does not feel that
sidewalks are a necessity and is opposed to the improvement.
Catherine McElwee, 5759 Rowland Avenue, stated their house is on th
corner of Rowland and Workman Avenues and she has made many complaints
to the Sheriff's Department regarding speeding vehicles; that the
sidewalks are a necessity for the safety of the children.
Anita Antonio, 5703 Rowland Avenue, stated in her opinion there is
little traffic and sidewalks are not needed.
Robert Casper, 5723 Rowland Avenue, stated he has gone out and talked
to the teenagers on numerous occasions about their driving and it
has done little good and he feels sidewalks are very much needed.
The prospective owner of the property located at 5715 Rowland Avenue,
which is in escrow, stated he had asked the seller to withdraw
his support until he had some facts. The new owner inquired about
the cost, payment plan, guarantee of protection to the property,
what controls the City has, how the improvement will affect his taxes,
and what the City's plan is for the other side of the street. City
Manager Koski answered his questions with regard to his concerns.
There being no one else wishing to speak, Councilman Gilbertson moved
to close public hearing, seconded by Councilman Greenberg and carri
Councilman Greenberg felt proceedings should be terminated, stating
the new owner of the property at 5715 Rowland should not be placed
within time restrictions for a decision.
Councilman Gilbertson stated he does not feel he is in a position to
vote in favor of the project with only 337 of the property owners in
favor of the improvements.
Councilman Dennis stated he concurred; he is in favor of sidewalks
but would not wish to override a 33% favorable petition. Rowland
is one of our lesser traveled streets and he does not see any
particular demand for sidewalks unless 607 of the property owners
want them.
Councilman Tyrell stated that enforcement of vehicle code may be
the answer to the problem as stated by some of the testimony.
Mayor Merritt stated he personally would like to see sidewalks on
every street in the City, however under the circumstances he feels
Council is handicapped without a 60% majority in favor of the side-
walks
Councilman Dennis moved to terminate proceedings.. seconded by
Councilman Greenberg and carried.
Council expressed concern that some of the property owners had
indicated traffic problems and directed staff to initiate extra
enforcement in that area. Council also established a policy of
requiring vehicle traffic count statistics to be made available
to them at the time they consider petition for '-he installation
of sidewalks in the public right- of -wav, and '._re< `e.; staff to
consider the need for providing pedestrian ce•:r:ts w:*hin the public
right -of -way which would be ._ erved by proposc. inrrovements .
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Council Minutes, June 7, 1977 - Page 3
8. ALLEY RECONSTRUCTION: CASH CONTRACT 1222X - APPROVE AND AUTHORIZE
ADDITIONAL WORK
City Manager Koski gave background information, stating the Super-
intendent of Streets has recommended approval and authorization of
additional work required in connection with the alley reconstruction
project. A full concrete driveway apron was constructed at the
northwest alley return on Workman Avenue, east of Camellia Avenue,
instead of leaving the apron one -half asphalt concrete; the location
of the alley gutter was revised to construct the north side of the
alley, north of Las Tunas Drive between the alley west of Encinita
Avenue and Loma Avenue.
Councilman Gilbertson moved to approve and authorize additional
work as recommended by the Superintendent of Streets in the amount
of $744 as set forth in his letter dated May 13, 1977, seconded by
Councilman Greenberg and carried.
NEW BUSINESS:
9. PROPOSED BUDGET - FY 1977 -78
Councilman Tyrell moved to receive the proposed city budget for
fiscal year 1977 -78 and to set June 14 as study session and
June 31, 1977, 7:30 p.m. as public hearing, seconded by Councilman
Gilbertson and carried.
10. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Meeting of
May 18, 1977 - USE OF LIVE OAK PARK, TEMPLE CITY JAYCEES
City Manager Koski presented background information, stating the
Parks and Recreation Commission, at their regular meeting held
May 18, 1977, recommended to City Council that the request received
from the Temple City Jaycees to conduct a Youth Bike Rodeo,
stressing skills and safety, on the south parking lot at Live Oak
Park on Saturday, July 9, 1977, from 9 a.m. to 1 p.m. be approved.
Councilman Gilbertson moved to approve the request subject to the
Conditions of Park Use and the filing of a Certificate of Insurance
naming the City as additionally insured, seconded by Councilman
Dennis and carried.
11. APPEAL FROM PLANNING COMMISSION DECISION RE: ZONE VARIANCE CASE
NO. 77 -503 AND TENTATIVE TRACT NO. 33529
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting of May 24, 1977,
adopted resolutions denying a zone variance and tentative tract
for property located at 6308, 6310, 6320 Temple City Boulevard and
9641 and 9647 E. Longden Avenue. The Planning Commission denied
the variance primarily due to the setback requirements.. Since the
proposed condominium development cannot be developed without sub-
stantial change of the site plan, the Planning Commission also
denied the tentative tract map. The developer filed subject appeal
within the required period of time.
Councilman Gilbertson moved to sett the matter for public hearing
June 21, 1977, seconded by Mayor Merritt and carried.
12. REQUEST FOR STREET LIGHTS - LIVE OAK AVENUE, ENCINITA AVENUE TO
BALDWIN
City Manager Koski presented background information, stating the
City received a request from residents for street lights to be
installed on Live Oak Avenue between Temple City Boulevard and
Camellia Avenue. A check of the assessor rolls disclosed the
petitioners are tenants with no property owners signing the
petition. Live Oak Avenue is a select system street and presently
Council Minutes, June 7, 1977 - Page 4
the north side of the street is in Zone A of the lighting district
and the south side for the most part is in Zone B. If Council finds
it in the best interest, convenience and necessity to have lights
installed a Resolution of Intention, setting public hearing, is
necessary.
Councilman Tyrell moved to adopt Resolution of Intention setting
public hearing for July 5, 1977, seconded by Councilman Gilbertson.
Following discussion regarding the need for additional lighting
which brought forth the fact that all intersections are lighted and
no property owners were involved in the request, Councilman Gilberts
withdrew his second.
Councilman Tyrell moved to terminate proceedings, seconded by
Councilman Gilbertson and carried, Mayor Merritt objecting.
13. APPROVAL OF WATER SYSTEM: TRACT NO. 31181 (LOWER AZUSA & KAUFFMAN)
City Manager Koski presented background information, stating the
City Engineer has advised that the water main system and appurten-
ances for Tract No. 31181 has been inspected and fire flow tested
to the satisfaction of the Fire Chief. The work has been completed
in accordance with plans and specifications approved by, and in a
manner satisfactory to, the City Engineer.
Councilman Greenberg moved to find that all work has been completed
as required by the Subdivision Water System Agreement for Tract
No. 31181, release the Subdivision Water System Agreement between
the City of Temple City and the subdivider, and to release the
Performance Bond in the amount of $13,000, bond for Labor and Material
being retained until there has been full compliance with all legal
requirements, seconded by Councilman Gilbertson and carried.
14. APPROVAL OF APPLICATIONS FOR FIREWORKS PERMITS
City Manager Koski presented applications for permits for fireworks
stands from 11 charitable organizations, stating all had submitted
the necessary fees and deposits, certificate of insurance, and that
plot plans have been approved by the Planning Department. City
Manager Koski directed Council's attention to Item #11 which falls
in the same category as Item #1 in that they do not meet the intent
of the Municipal Code by having a permanent meeting place within the
City, however their membership includes residents of the community.
Councilman Gilbertson informed the Council that he had reports of
the sale of illegal products being sold from one or more fireworks
stands last year. He also expressed his personal opinion that
Items 1 and 11 may have more basis for support than some of the other
organizations.
Mr. Doug Stamps, 8729 Mission Drive, stated he is with Foothill Search
and Rescue serving the San Gabriel Valley; they are a non- profit
organization with their main effort being directed to assisting Police
searching for lost children, Muscular Dystrophy, and mobilization
during times of emergency. Until recently, they held their meetings
at the YMCA on Rowland Avenue, however the facility is not large
enough for their operations and training. The money they realize
from the sale of fireworks will help pay for their charter and
liability insurance.
Councilman Tyrell stated he would like to eliminate the sale of
fireworks in the City entirely; the County Fire Department has been
against their sale for years. It was his opinion the criteria shoul
be changed to allow only those organizations funding children's
activities to be permitted to sell.
Councilman Greenberg agreed the permit to conduct fireworks stands
should benefit the youth groups only.
Councilman Dennis stated a review of the requirements should be made
as soon as possible because proceeds from fireworks sales are often
the major source of revenue for organizations.
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Council Minutes, June 7, 1977 - Page 5
Councilman Gilbertson moved to approve conditional permits for
applications 1 through 11, seconded by Mayor Merritt and carried
on a roll call vote:
ROLL CALL:
AYES: Councilmen - Gilbertson, Tyrell, Merritt
NOES: Councilmen- Dennis, Greenberg
15. RESOLUTION NO. 77 -1634: AUTHORIZING CONTINUED PARTICIPATION IN THE
NORTHEAST REGIONAL BURGLARY INVESTIGATION TEAM
City Manager Koski presented background information stating the City
has participated in the Northeast Regional Burglary Investigation
Team for the past two years; that City has received a request from
Chief McGowan of the Pasadena Police Department that City Council
adopt a resolution authorizing participation for the third year
beginning August 1, 1977 through June 30, 1978 and appropriating
$659 hard match cash.
Councilman Gilbertson moved to adopt Resolution No. 77 -1634 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA,
AUTHORIZING CONTINUED PARTICIPATION IN THE NORTHEAST REGIONAL BURGLARY
INVESTIGATION TEAM, seconded by Councilman Tyrell and carried.
16. RESOLUTION NO. 77 -1635: APPROVING DISTRIBUTION OF FUNDS - SAFER
OFF- SYSTEM ROADS
City Manager Koski presented background information stating that
under the 1976 Highway Act, $4 million was made available over a
two -year period for safer off - system roads with funds to be allocated
to the states according to a formula. The SOS roads program
emphasizes safety type improvements. The Los Angeles Division of
the League of California Cities and the FAU Policy Committee on
recommendation of the Technical Committee, concur with the concept
of distributing SOS road funds between the county and cities based
on the Federal and State distribution formula, which is the same
in which FAU funds are presently distributed. Temple City would
receive $5,600 as its apportionment based upon the formula. For
the distribution formula to be effective, the City Council approve
the formula by resolution.
Councilman Gilbertson moved to adopt Resolution No. 77 -1635 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING
AND AUTHORIZING THE DISTRIBUTION FORMULA FOR SAFER OFF- SYSTEM ROADS
FUNDS, seconded by Councilman Greenberg and carried.
17. RESOLUTION NO. 77 -1636: EMPLOYMENT OF PERSONNEL
Councilman Tyrell moved to adopt Resolution No. 77 -1636 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
seconded by Councilman Dennis and carried.
18. RESOLUTION NO. 77 -1637: WARRANTS & DEMANDS, DEMANDS NO. 6674 AND
6698 THRU 6832 IN THE AMOUNT OF $107,680.00
Councilman Gilbertson moved to adopt Resolution No. 77 -1637 A
RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF TEMPLE CITY ALLOWING
CLAIMS AND DEMANDS IN THE SUM OF $107,680.00, DEMAND NOS. 6674 AND
6698 THRU 6832, seconded by Councilman Dennis and carried, Council-
man Greenberg noting his non - participation as it relates to check
number 6674.
19 COMMUNICATIONS:
A. Claim for Damages - Arthur Robles, 2743 Chico Avenue, So. El Monte
City Manager Koski presented claim on behalf of Arthur Robles for
damages alleged to have occurred April 22, 1977. Councilman Greenberg
moved to deny claim and forward to City's insurance carrier for
further processing, seconded by Councilman Tyrell and carried.
Council Minutes, June 7, 1977 - Page 6
B. Claim for Damages - Milton Inbody
City Manager Koski presented a claim on behalf of Milton Inbody
for injuries alleged to have occurred December 19, 1976 at Temple
City High School Tennis Courts. Councilman Greenberg moved to deny
claim and refer to City's insurance carrier for further processing,
seconded by Councilman Tyrell and carried.
C. Yellow Cab Company of San Gabriel Valley - Request for Rate
Increase
City Manager Koski presented communication from Yellow Cab Company
of San Gabriel Valley requesting City Council authorize an increase
in fares as required by the City's Business License Ordinance; the
present rate was established in May 1974; the request for increase
is based upon the increase in gasoline, wages, and insurance rates
as outlined in their letter dated May 4, 1977. An Initial Study
of Environmental Impact has been prepared.
Councilman Dennis moved to approve Initial Study of Environmental
Impact and authorize an increase in . fares as set forth in their
letter dated May 4, 1977, seconded by Mayor Merritt and carried.
D. City of Los Angeles vs County of Los Angeles, et al
City Manager advised the City received communication from the
Special Committee of City Attorneys, requesting the final one -tenth
of one percent of the City's 1976 -77 Sheriff's budget for costs and
fees in connection with the City of Los Angeles' appeal of the
Summary Judgment granted the defendants in April of 1976. Temple
City's share on the basis of 1 /10 of 17 of 1976 -77 Sheriff's budget
would be $554.45.
Councilman Gilbertson moved to authorize payment in the amount of
$554.45 and appropriate the additional funds and adjust the adopted
budget accordingly, seconded by Councilman Greenberg and carried.
20 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr. Doug Stamps, Foothill Search and Rescue, thanked Council for
their approval of the fireworks stand and advised Council that any-
time the organization can be of service to the City, they can be
reached through the Temple City Sheriff's Station.
RECESS TO CRA:
The City Council recessed at 9:07 p.m. to meet as the Community Redevelop-
ment Agency, all members being present; approved the minutes of the regular
meeting held May 17, 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:
21. ACTION ON REQUEST BY CRA:
There was no action to be taken.
22. MATTERS FROM CITY OFFICIALS:
A. California Contract Cities Association - Request for Voluntary
Assessment in the amount of $555
City Manager Koski presented request from California Contract Cities
Association for a voluntary assessment in the amount of $555 as
City's share in CCCA lobby costs in opposing SB 287.
Councilman Gilbertson moved to approve the voluntary assessment in
the amount of $555 and to appropriate additional funds and adjust
the adopted budget accordingly, seconded by Councilman Tyrell and
carried.
Council Minutes, June 7, 1977 - Page 7
B. West San Gabriel Valley Juvenile Diversion Project -
Application for Modification
Councilman Dennis moved to approve and authorize expenditure in
the amount of $375 as City's share of matching funds to the West
San Gabriel Valley Juvenile Diversion Project pursuant to modi-
fication of contract with LEAA to provide funding for an additional
two -month period, seconded by Councilman Tyrell and carried.
C. Resolution No. 77 -1639 - Transferring Custody of Petty Cash Fund
Councilman Gilbertson moved to adopt Resolution No. 77 -1639 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING
CUSTODIAN OF PETTY CASH FUND, seconded by Councilman Greenberg and
carried.
D. Animal Control Program
City Manager Koski advised that staff has proceeded with advertising
for bids for an animal control truck and collection body as author-
ized by City Council May 17, 1977, and requested that Council consider
additional items; specifically, dog license tags and - license forms,
and authorize staff to negotiate an agreement with San Gabriel Valley
Humane Society for pound services and emergency enforcement.
Councilman Dennis moved to approve and authorize appropriation of
additional funds in the amount of $325 and adjust the adopted budget
accordingly, and authorize staff to negotiate agreement with San
Gabriel Valley Humane Society for pound services and emergency
enforcement, seconded by Councilman Gilbertson and carried.
Councilman Gilbertson moved to introduce Ordinance No. 77 -449
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3600,
3601 AND 3602 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO POUND
REGULATIONS for first reading by title only, seconded by Councilman
Greenberg and carried.
E. Councilman Dennis reminded Council that resolutions need to be
communicated to the Los Angeles Division of the California League
of Cities no later than June 8 for consideration at League Con-
ference in the fall.
Councilman Dennis reported he had a letter from Charles Storing,
Director of Corridor D, Southern California Rapid Transit District,
suggesting Council support SB 793, which would eliminate union
employees' right to strike, however he would recommend Council take
no position.
Councilman Dennis also stated concern that the San Gabriel Valley
Association of Cities in January adopted a proposed program of work
and inquired as to the status, requesting staff research the come
back with a report.
F. Councilman Greenberg stated at a recent Liquified Natural Gas
demonstration, city officials were asked to support legislation
to build LNG terminals. Upon investigation, he has found the bill's
purpose is to bypass local government and the Coastal Commission
giving jurisdiction to the Public Utilities Commission.
G. Councilman Gilbertson stated he was encouraged to see many, many
residents checking around his neighborhood in response to a helicopter
broadcast about a missing three year old boy.
Councilman Gilbertson also advised AB 333 came out of Assembly
Local Government Committee with a recommendation to pass. The bill
is now in the Ways and Means Committee.
H. Mayor Merritt advised the Council received in their packets a
memo on Athletic Field Lighting which they will review at a future
Study Session.
Also received by Council were agreements relating to Live Oak Park
Concession Stand which the Parks and Recreation Commission will
discuss at their regular meeting to be held June 15.
Council Minutes, June 7, 1977 - Page 8
1. City Council authorized staff to negotiate for the purchase
of property located at 9217 E. Pentland Avenue, subject to Council
approval.
23. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Greenberg,
meeting adjourned at 9:31 p.m. to an Adjourned Meeting to be held
Tuesday, June 14, 1977, 7:30 p.m. in the North Meeting Room of the
City Hall. Next regular meeting of the City Council will be held
Tuesday, June 21, 1977, 7:30 p.m. in the Council Chamber of the
City Hall.
MAYOR
ATTEST:
Chief Deputy City Clerk
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