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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 . 1 1 1 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. 1 1 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 1 1