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HomeMy Public PortalAboutCity Council_Minutes_1977-06-21_Regular 19771 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 21, 1977 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:33 p.m. on Tuesday, June 21, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Bishop Bateman, Church of Jesus Christ of Latter -Day Saints, 6249 N. Kauffman 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, Traffic Engineer Envall 5. APPROVAL OF MINUTES: A, Regular Meeting of June 7, 1977 Councilman Greenberg requested that Item F under Matters from City Officials be clarified to indicate his opposition to the legislation on Liquified Natural Gas terminals which would bypass local govern- ment and give jurisdiction to the PUC. Councilman Dennis stated that Item 9 should be corrected to read the public hearing on the proposed budget was set for June 21, 1977. Councilman Gilbertson moved to approve the minutes of the regular meeting of the City Council held June 7, 1977, as corrected, seconded by Councilman Greenberg and carried. B. Adjourned Meeting of June 14, 1977 Councilman Gilbertson moved to approved the minutes of the adjourned meeting of the City Council held June 14, 1977, as written, seconded by Councilman Dennis and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. REQUEST FOR MODIFICATION OF ZONE VARIANCE CASE 69 -283, 5522 GRACEWOOD AVENUE, SANTA ANITA CONVALESCENT HOSPITAL City Manager Koski presented background information, stating City Council has received a request for modification of Zone Variance Case 69 -283 for Santa Anita Convalescent Hospital. When the original request was submitted for a 90 -bed addition, nurses' quarters of 16 units, and additional storage and parking facilities, Planning Com- mission failed in their decision to obtain three affirmative votes for approval and denial and the case automatically appealed to the City Council. City Council, by resolution, granted a variance with certain conditions. The owner constructed a perimeter wall, parking lot, and expanded the area to the northwest and combined all the then existing parcels into one tract. Applicant is now requesting a modification to increase the retirement center from 90 to 100 beds and eliminate nursing quarters as originally proposed. Planning Commission, at their regular meeting held June 14, 1977, considered the referral from the City Council and found that the elimination of nurses' quarters will be compatible with the residential neighborhood, and the pro- posed plan will provide more open space and parking. Planning Council Minutes, June 21, 1977 - Page 2 Commission certified the draft Environmental Impact Report on this project. Mayor Merritt declared the public hearing open. Planning Director Dragicevich gave staff report, directing Council attention to exhibits of the architectural design approved in 1969 and exhibits of their proposed development. Mr. Dragicevich advised that at the Planning Commission hearing June 14, there were some challenges to the Environmental Impact Report, particularly with respect to the noise level, soundness of structures, and sanitary conditions. The Health Department has indicated that the existing facilities are in compliance with health standards; staff investi- gated noise levels, with the assistance of a technical adviser, and noise levels range from 44 to 63 decibels. City ordinance provides a maximum of 57 decibels for day time and applicant has indicated a willingness to provide a sound barrier. Building and Safety officials have made an inspection and advised that all buildings are built in accordance with the code in effect at the time of construction. The existing laundry building was built with a permit. The basic issues before Council are the Environmental Impact Report, the request for modification to increase the number of beds at the facility, and ' elimination of the nurses' quarters. Councilman Tyrell moved to include the minutes of the Planning Commission meeting of June 14, 1977 as a part of the record, seconded by Councilman Gilbertson and carried. Mr. David Heeb, Manager, Santa Anita Convalescent Hospital, stated the institution will provide a sound barrier behind the laundry by means of a concrete wall. With reference to other noise factors, the equipment was being cleaned on the driveway; that has been stopped and the noise eliminated. Mr. Heeb stated he does not feel the one speaker in the rear of the building constitutes a noise factor, but that if the decibels is above that allowed by ordinance they will bring it into compliance. In answer to questions from Council regarding drainage from their cleaning operations, Mr. Keeb stated the problem of overflow has bee corrected and the run -off came from steam cleaning which has been discontinued. Mr. Boyce O'Bannon, 10316 Olive Street, refuted Mr. Heeb's statement regarding cleaning operations in the driveway, stating he walked past the convalescent hospital at noon today and there was soapy water draining into Daines Drive. Mr. Roger Cunningham, 5511 Hallowell, stated he seriously doubts a concrete wall will- eliminate the noise from the laundry. Mr. George Teeker, 844 Colorado Boulevard, architect for the con- valescent hospital development, stated that experts he contacted have made a recommendation that an 8 ft. wall, 5 ft. from the pro- perty line would deflect the sound into the area so that it will not affect any of the abutting properties. Councilman Dennis questiored Mr. Cunningham about water running off to his property and causing damage to his trees. Mr. Cunningham advised there has been no run -off to his property in the past 6 -7 weeks. In answer to Councilman Tyrell's question regarding the noise from the kitchen and the public address system, Planning Director Dragicevich stated that staff investigation revealed an average ambient level of 45 decibels from all sources. Councilman Tyrell expressed concern with the fact that lint from the laundry is being blown into the surrounding area and stated it is his opinion lint constitutes a fire hazard, and inquired Council Minutes, June 21, 1977 - Page 3 whether staff had addressed itself to the concerns expressed at the Planning Commission meeting regarding sanitary facilities for cleaning the kitchen and racks being washed in the driveway. Planning Director Dragicevich stated that the water run -off in the past happened several times because the sump pump was not working, the correction has been made, and the Health Department did state that more personnel was needed in the kitchen. There being no one else come forward to speak, Councilman Greenberg moved to close the public hearing, seconded by Councilman Gilbertson and carried. Councilman Gilbertson moved that the draft Environmental Impact Report be amended to include first, the comments of those testify- ing at the hearing by incorporating a copy of the minutes in the Report; second, a list of persons, organizations, and public agencies commenting on the Report; and third, the responses of the City Council, Planning Commission or staff to significant environmental points raised in the review and consultation process as set forth in the minutes of the Planning Commission and this City Council, which responses are hereby found to be well reasoned, adequate and informative; and that the City Council certifies that the Environ- mental Impact Report is now final and has been completed in con- formance with the California Environmental Quality Act and State and local E.I.R. guidelines; and that the City Council has reviewed, considered, and weighed and evaluated the information contained in the environmental documents, seconded by Councilman Greenberg and carried. Councilman Tyrell stated that the concerns expressed do not seem to be a part of the environmental impact of the development, but rather an operational problem which constitutes a public nuisance, which the City should prosecute. He was of the opinion the City has been too lax in enforcing corrections of the violations. Councilman Gilbertson stated he is not aware of how long the laundry has operated in its present condition, and even though it may meet the health agency's requirements, he feels it is the responsibility of the institution to provide facilities to do the job properly. That although there is a definite need for this type of retirement center, the institution is a business, operating in a residential neighborhood, and the neighbors should not have to put up with the violations that have been occurring. Councilman Gilbertson felt conditions should be placed if a variance is granted to bring the convalescent hospital up to standard. Councilman Tyrell moved to continue the matter to the next City Council meeting to be held July 5 and direct staff to meet with the developer and draft conditions to the granting of a variance to be included in staff report, seconded by Councilman Gilbertson and carried. 7. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION A. ZONE VARIANCE CASE NO. 77 -503 B. TENTATIVE TRACT NO. 33529 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held May 24, 1977, adopted a resolution denying Zone Variance Case No. 77 -503 and Tentative Tract No. 33529 relating to the property located at 6308, 6310, 6320 N, Temple City Boulevard and 9641 and 9647 E. Longden Avenue. Subject property encompasses an area of 2.21 acres of land, is composed of 6 parcels, and is currently zoned R -2, Light Multiple residential. A variance was requested to reduce the front yard setback from 20 ft. to 15 ft., and rear yard from 15 ft. to 10 ft. Another issue in the zone variance request was the substandard lot area of a parcel, a portion of which was proposed to be included in the development that would consist of 20 condominium units. Council Minutes, June 21, 1977 - Page 4 The proposed project is consistent with the General Plan density and a draft Environmental Impact Report was certified by the Plan- ning Commission with several comments to be included in the final draft. Planning Commission denied the variance due to the setback require- ments, and since the proposed condominium development cannot be developed without substantial change of the site plan, the Planning Commission also denied the tentative tract map. City Council at their regular meeting of June 7, 1977, set public hearing on the appeal for June 21, 1977. Mayor Merritt declared the public hearing open. Planning Director Dragicevich gave staff report, using exhibits to show the site plan, architectural drawings, advising since the proposed one -lot subdivisi has a narrower frontage on Longden Avenue, this street is considered as the front property line, and Temple City Boulevard as the side property line; there are two entrances and exits on Longden Avenue and one on Temple City Boulevard; there are numerous trees on the property, many of which will be saved; an adequate amount of open space is provided. Each condominium unit has a two car garage and an additional 15 parking spaces are available for guests. Planning Commission denied the variance because in their opinion the setbacks are inadequate; the Environmental Impact Report was prepared by a consultant. If approved, staff has prepared 30 conditions to the Tentative Tract and 8 conditions to the variance. Councilman Gilbertson moved to include the Planning Commission minutes a part of the record, seconded by Councilman Greenberg and carried. In answer to Councilman Greenberg's question whether restricted left turn was considered for the westerly driveway on Longden Avenue, Traffic Engineer Envall stated that from a traffic standpoint he does not anticipate any problem since only 10 to 15 trips during the peak hour will be made. Leo J. Flaherty, 6327 Temple City Boulevard, stated he is opposed to the development because he feels it is inadequately designed, the property is being overbuilt, and 15 ft. setback on Temple City Boule- vard is inadequate. The intersection of Temple City Boulevard and Longden Avenue is one of the busiest in town; there are no provisions for foot traffic within the development. He would have no objection if the development were properly designed. In answer to Councilman Dennis' question regarding the exit onto Temple City Boulevard, Traffic Engineer Envall stated he has proposed the driveway be one way west, with traffic turning north only. Regarding Mr. Flaherty's testimony that no provisions have been made for foot traffic, the aisle widths are standard 20 ft. and he assumes there will be drainage down the center and therefore, curbs are not needed. Mrs. Malena Koumachian, 9622 Craiglee, inquired whether an 8 ft. wall could be built as a sound barrier, and also what provisions would be made for drainage of the rear yards to the north of the development. Planning Director Dragicevich stated the existing flow would be taken into consideration, which is to the southeast, and that a drainage plan would be a requirement to the development. William Raine, 6335 Temple City Boulevard, stated his objection to a non - conforming front yard setback, that if the development were re- designed he would be happy to see that parcel developed. He did express concern with the high accident rate at Temple City Boulevard and Longden Avenue, stating that adding: more traffic at that location could be bad. Donald Rogers, 9222 De Adalena, Rosemead, owner of one of the lots involved, stated he had tried to develop the property several times; that everything is consistent with the General Plan, economically it would be impossible to build single family dwellings, and he feels the condominiums would enhance the neighborhood. Council Minutes, June 21, 1977 - Page 5 Paul Showalter, 9634 Craiglee, stated that property has been an eyesore, and he would like to see it developed as long as the buildings are one -story and a block wall is built between the condominiums and the properties to the north. George Wiegand, 8656 E. Huntington Drive, San Gabriel, stated he had submitted a number of plans to staff for review'; at one . time the plan conformed with all requirements, however, he had widened the driveway widths to satisfy the Fire Department and that is the reason for the request for variance. There being no one else wishing to speak to the matter, Councilman Gilbertson moved to close the public hearing, seconded by Council- man Greenberg and carried. Councilman Greenberg moved that the draft Environmental Impact Report be amended to include the comments of those testifying at the public hearing by incorporating a copy of the minutes in the report; to certify that the E.I.R. has been completed in conformance with the California Environmental Quality Act and the State guide- lines and that the City Council has reviewed and considered the information contained in the report; and that each and every adverse environmental impact contained in the amended report is overruled and counterbalanced by economic and social needs, objectives, and concerns in providing private or public improvements of municipal import, all as set forth in the findings indicated in the minutes, seconded by Councilman Dennis and carried. Councilman Gilbertson stated he does not feel the owner has established the fact that he is being deprived of rights and enjoy- ment of his property as others in the area and could not, therefore, grant a variance. In his opinion, the Planning Commission made the right decision. Councilman Dennis stated that although some improvement is necessary he would not be in favor of granting a variance, that in his opinion no justification for a variance has been presented. Councilman Greenberg concurred with Council opinion that the appellant has not made a case for granting a variance, stating he would like to see a plan re- submitted with the required setbacks. Councilman Tyrell agreed that the appellant has not addressed himself to the criteria required by law for a variance. Councilman Gilbertson moved to deny the appeal, seconded by Councilman Greenberg and carried. Council directed staff to take the necessary steps to eliminate the poor maintenance on subject property. 8. PUBLIC HEARING: 7:30 p.m. A. REVENUE SHARING FUNDS B. ADOPTION OF 1977 -78 BUDGET City Manager Koski presented background information, stating pursuant to Public Law 94 -488, effective January 1, 1977, recipient govern- ments for general revenue sharing funds are required to hold a public hearing prior to budget adoption on the governmental body's planned use of sharing revenues in relation to the entire budget; the state- ment of assurances for Entitlement 8 indicates a balance of $34,417 and 3/4 of Entitlement 9 in the amount of $109,183 will be included in the City's 1977 -78 budget; a notice of public hearing was pub- lished in the Temple City Times stating the balance of Entitlement 8 and 3/4 of Entitlement 9, in the amount of $143,600 will be expended on Public Safety. City Council set public hearing for the proposed 1977 -78 budget for June 21, 1977. Mayor Merritt declared the public hearing Kenneth Gillanders, 4831 Ryland Avenue, inqu_red whether the revenue sharing funds were being used for additional law enforcement. City Manager Koski advised him the funds were being utilized for law enforcement. Council Minutes, June 21, 1977 - Page 6 Mr. Gillanders stated he thought revenue sharing funds were intended to be used for capital outlay. City Manager Koski responded that the proposed budget reflects an increase in the reserve fund of nearly $300,000. The difference between revenue and expenditures is approximately the same as revenue sharing funds, which leaves a cushion, and the revenue sharing funds could be completely eliminated and the City would have a balanced budget. In answer to Councilman Gilbertson's question as to what he would like to see done with revenue sharing funds, Mr. Gillanders stated he feels a priority item is the lighting in Live Oak Park. There being no one else to speak to the matter, Councilman Gilbertso moved to close the public hearing, seconded by Councilman Tyrell and carried. City Manager Koski advised that the City has the availability of state funds that can be utilized for Live Oak Park and he would recommend City Council consider them for a lighting program. Councilman Greenberg moved to approve revenue sharing allocation in the amount of $143,600 will be expended on Public Safety and adopt Resolution No. 77 -1641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1977 -78, seconded by Councilman Dennis and carried. 9. MATTERS RELATING TO ANIMAL CONTROL REGULATIONS: A. ORDINANCE NO. 77 -449: 2nd read. B. RESOLUTION NO. 77 -1640: ADOPTING FEE SCHEDULE C. AGREEMENT DESIGNATING POUNDMASTER D. ACCEPTANCE OF BID: ANIMAL CONTROL VEHICLE AND BODY City Manager Koski presented background information, introducing Ordinance No. 77 -449 for second reading; submitting Resolution No. 77 -1640 relating to animal license and impound fees; presented Agreement between City and San Gabriel Valley Humane Society designating Society as Poundmaster for a 3 -year period beginning July 1, 1977; and submitted bid results for 3/4 ton pickup truck and animal collection body, advising that two bids were received for the truck and for the body; the low bids being, Mission Chevrolet for the 3/4 ton pickup truck in the amount of $5,759.20, and Royal Truck Body for the animal collection body in the amount of $3,571.00. Councilman Tyrell moved to waive further reading and adopt 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, seconded by Councilman Dennis and carried. Councilman Gilbertson moved to adopt Resolution No. 77 -1640 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING FEES PURSUANT TO SECTION 3600 OF THE TEMPLE CITY MUNICIPAL CODE RE- LATING TO ANIMAL LICENSE AND IMPOUND FEES, seconded by Councilman Greenberg and carried. Councilman Tyrell moved to approve Agreement between City and San Gabriel Valley Humane Society and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried. Councilman Greenberg moved to accept low bid of $5,759.20 from Mission Chevrolet for 3/4 ton pickup truck, and accept low bid of $3,571.00 from Royal Truck Body for animal collection body and authorize the City Clerk to sign agreements, seconded by Councilman Dennis and carried. 10. OAK AVENUE: LAS TUNAS DRIVE TO GARIBALDI AVENUE - CASH CONTRACT 9758X, APPROVE AND AUTHORIZE ADDITIONAL WORK City Manager Koski presented background information, stating the Superintendent of Streets has recollunended approval and authorization 1 Council Minutes, June 21, 1977 - Page 7 of additional work in connection with the - improvement of Oak Avenue under the Safer Roads Demonstration Program. The addi- tional work in the amount of $958.25 was required to construct full width sidewalk on both sides of Oak Avenue between Woodruff Avenue and Las Tunas Drive to match the existing improvement in the area and to remove and replace deteriorated concrete curb, gutter and sidewalk on Las Tunas Drive, west of Oak Avenue. It was also found necessary to remove and replace existing asphalt pavement on the west side of Oak Avenue between Woodruff and Las Tunas Drive to provide a smooth join between newly constructed curb and gutter and the asphalt concrete pavement. An additional drain was required in order to properly drain an adjacent property within the project limits which was lower than the newly constructed sidewalk. Councilman Gilbertson moved to approve and authorize the additional work as recommended by Superintendent of Streets pursuant to his letter dated June 10, 1977, in the amount of $958.25 and find that the additional work has no significant effect on the environment, seconded by Councilman Greenberg and carried. 11. ACCEPTANCE OF BID: SIDEWALK CONSTRUCTION, SELECT SYSTEM STREETS CASH CONTRACT 1234X City Manager Koski presented background information stating the City Council, at their regular meeting of May 17, 1977, approved plans and specifications for the construction of sidewalk at three locations and authorized the advertising and receiving of bids for Santa Anita Avenue, west side, Danbury northerly to Live Oak; Encinita Avenue, east side, Longden to 200 ft. north of Las Tunas Drive; and Olive Street, south side, Encinita Avenue to 4- 50 ft. east of Alessandro Avenue. Two bids were received with the low bidder being Dyno Construction in the amount of $20,498.66, which is higher than the Engineer's estimate. The Los Angeles County Road Department has informed the City that presently bids are coming in higher, and the project is a small job, requiring the movement of equipment from one site to the next. Councilman Greenberg moved to accept the low bid from Dyno Construction in the amount of $20,498.66 for Cash Contract 1234X, and authorize the Mayor and City Clerk to sign, seconded by Mayor Merritt and carried. NEW BUSINESS: 12. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of June 14, 1977 A. PROPERTY NUISANCE CASE 77 -39: 4807 CLOVERLY AVENUE City Manager Koski advised the Planning Commission, at their regular meeting held June 14, 1977 adopted a resolution determining the existence of a public nuisance and recommending abatement. This matter goes back to October of 1975 when the Planning Commission heard testimony and considered whether subject property constituted a public nuisance and the owner erected a grapestake fence to obscure surplus materials stored within an open yard area. On March 2, 1977, a letter was addressed to the property owner advising him that the bamboo fencing had deteriorated to such an extent that it no longer obscured the yard; the owner intends to replace with the same type fencing but is unwilling to set a date for erecting the fence. Mr. Bdrock, 4807 Cloverly Avenue, stated he has letters from the Planning Department telling him he must move his boat from the drive- way and a later letter telling him he must park his boat in the driveway, and requested clarification. Mr. Babcock further stated he is willing to fix the fence when he can afford to do it. Mr. Babcock was advised the Planning Commission resolution lists three alternatives to abate the property nuisance; replace existing split bamboo fencing with new stock, install a wooden fence or masonry wall, or remove all surplus material to an enclosed building or alternate area which is enclosed by a 6 ft. high view- obscuring fence or wall and relocate the boat with trailer to the driveway area Council questioned Mr. Babcock whether 60 days would be a reasonable Council Minutes, June 21, 1977 - Page 8 period in which to install a wood fence, as Mr. Babcock indicated was his desire. Mr. Babcock stated 60 days would be sufficient time for him to build the wood fence. Councilman Gilbertson moved to adopt Resolution No. 77 -1642 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF, deleting Items 1 and 3 from the Planning Commission reso- lution, and abating the nuisance within 60 days, seconded by Councilman Greenberg and carried. B. SET PUBLIC HEARING: ZONE CHANGE CASE 77 -504 - 9934 E. LAS TUNAS City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of June 14, 1977, held public hearing and adopted Resolution No. 77 -752PC recommending the approval of zone change in Case No. 77 -504 for property currently zoned R -1, Single Family residential, and is a portion of a parcel fronting 190 ft. on Las Tunas Drive and 215 ft. on Rowland Avenue. Only the southerly 60 ft. are zone R -1. Applicant proposes to use the entire parcel for commercial purposes. Councilman Greenberg moved to set public hearing to consider zone change in Zone Change Case 77 -504 July 19, 1977, seconded by Councilman Gilbertson and carried. 13. RECOMMENDATION FROM PARKING COMMISSION - Meeting of June 15, 1977 ADDITIONAL PARKING REGULATIONS - OFF- STREET PARKING FACILITIES City Manager Koski presented background information, stating the Parking Commission reviewed a resolution prepared by the City Attorney with respect to establishing parking regulations on the off - street parking facility owned and operated by the City and the Temple City Community Redevelopment Agency, located at the southwest corner of Rosemead Boulevard and Las Tunas Drive. The Commission also discussed violations of parking and abuses in the use of public parking lots which have been occurring over a period of time. Presently the only two ordinance provisions in effect deal with back -in parking and two hour time limit parking on posted portions of public parking malls. It was their determination that Items 1 through 5 enumerated in the resolution should be enforced. It is estimated that 25 signs would be needed to post at entrances to all public mall parking lots and at the parking lot located on the southwest corner of Rosemead Boulevard and Las Tunas Drive at an approximate cost of $20 per sign or $500. Councilman Tyrell moved to adopt Resolution No. 77 -1643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING PARKING REGULATIONS and to appropriate an additional sum of $500 and amend the adopted 1976 -77 budget accordingly, seconded by Councilman Dennis and carried. 14. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of June 15, 1977 A. DONATION OF TREES - SOROPTIMIST INTERNATIONAL OF TEMPLE CITY City Manager Koski advised that Parks and Recreation Commission, at their regular meeting held June 15, 1977, recommended to City Council to accept the donation of $594. from Soroptimist Internationa of Temple City for the purchase of trees for Live Oak Park and that they be planted by the City in a mutually agreed upon location, however, since that date the donation has been increased to $994. Councilman Gilbertson moved to accept the donation of $994 from Soroptimist International of Temple City with appreciation, seconded by Mayor Merritt and carried. Beverly Owens, President, Soroptimist International of Temple City, thanked Council for granting their request to provide trees in Live Oak Park as a living memorial to DeNeige Clark. Council Minutes, June 21, 1977 - Page 9 B.- MAINTENANCE AGREEMENT - AMERICAN LITTLE LEAGUE BASEBALL OF TEMPLE CITY, INC. City Manager Koski presented Agreement between City and American Little League Baseball of Temple City, Inc. for maintenance of the new concession stand being constructed in Live Oak Park. Parks and Recreation Commission, at their regular meeting held on June 15, 1977, moved to recommend to City Council that the maintenance agreement be approved. Commission also approved the proposed "Conditions for Use of the Concession Stand" by which the Parks and Recreation Department will schedule all use of the building and American Little League will maintain. Councilman Greenberg moved to approve Maintenance Agreement between American Little League Baseball of Temple City, Inc. and City to maintain the new concession stand at Live Oak Park and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried. Council also approved "Conditions for Use of the Con- cession Stand" subject to Item 5 being changed to read the applicant will maintain the park area utilized for their respective activities and the area immediately adjacent thereto, free from litter and /or refuse attributable to the use thereof. 15. RENEWAL OF AGREEMENT: A. CHAMBER OF COMMERCE - July 1, 1977 to June 30, 1978 Councilman Gilbertson moved to approve renewal of agreement between City and Chamber of Commerce for a one -year period beginning July 1, 1977, and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. B. PUBLIC RELATIONS COORDINATOR - July 1, 1977 to June 30, 1978 Councilman Gilbertson moved to approve renewal of agreement between City and Patti Bates, Public Relations Coordinator for a one -year period beginning July 1, 1977, and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. C. TEMPLE CITY UNIFIED SCHOOL DISTRICT - July 1, 1977 to June 30, 1978 City Manager Koski advised the Parks and Recreation Commission, at their regular meeting held June 15, 1977, recommended to City Council that the renewal of the Community Recreation Agreement with the Temple City Unified School District be postponed to allow for further discussion by the City with the District regarding the modifications requested. Councilman Tyrell moved to continue the matter to July 5, 1977, seconded by Councilman Dennis and carried. 16. RESOLUTION NO. 77 -1644: DESIGNATING ENFORCEMENT AGENCY FOR SOLID WASTE MANAGEMENT City Manager Koski advised the Solid Waste Control Act of 1976 established procedures for enforcing the Solid Waste Management Program and requires that on or before July 1, 1977, an enforcement agency shall be designated for each local government to carry out the provisions of the Act. The County Engineer has recommended the City designate the County Health Department as its enforcement agency by resolution.. Councilman Gilbertson moved to adopt Resolution No. 77 -1644 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DESIGNATING ENFORCEMENT AGENCY FOR SOLID WASTE MANAGEMENT, seconded by Mayor Merritt and carried. 17. RESOLUTION NO. 77 -1645: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 77 -1645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Greenberg and carried. Council Minutes, June 21, 1977 - Page 10 18. RESOLUTION NO. 77 -1646: WARRANTS & DEMANDS, DEMAND NOS. 6833 THRU 6936 IN THE AMOUNT OF $93,814.47 Councilman Dennis moved to adopt Resolution No. 77 -1646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $93,814.47, DEMAND NOS. 6833 THRU 6936, seconded by Councilman Gilbertson and carried, Councilman Greenberg noting his non - participation with regard to check number 6904. 19. COMMUNICATIONS: A. Request for Temporary Closure of Rowland Avenue, Wendon Avenue to Flaherty Street - July 4, 1977 City Manager Koski presented background information stating the City had received a petition from the property owners on Rowland Avenue between Wendon Avenue and Flaherty Street to close Rowland Avenue within these limits from 4 p.m. to 11 p.m. on Monday, July 4, 1977. The Sheriff's Department and Fire Department will be notified of the specifics as in the past. The property owners will be required to clean the street prior to reopening at 11 p.m. Councilman Greenberg moved to approve request for temporary closure of Rowland Avenue between Wendon Avenue and Flaherty Street subject to above conditions, seconded by Mayor Merritt and carried. B. Request for Temporary Closure of Ardsley Drive, west of Temple City Boulevard to Sparklett, July 4, 1977 City Manager Koski presented background information, stating the City received a petition from the property owners on Ardsley Drive, west of Temple City Boulevard to Sparklett Avenue to close Ardsley Drive within these limits from 3:30 p.m. to 10 p.m. on Monday, July 4, 1977. The Sheriff's Department and Fire Department will be notified of the specifics as in the past. The property owners will be required to clean the street prior to reopening at 10 p.m. Councilman Greenberg moved to approve request for temporary closure of Ardsley Drive between subject limits subject to above conditions, seconded by Mayor Merritt and carried. C. Request to Paint House Numbers on Curbs - Church of Jesus Christ of Latter -Day Saints City Manager Koski presented communication from Church of Jesus Christ of Latter -Day Saints requesting permission for the Explorer Post No. 164 sponsored by the church to paint house numbers on the curbs of interested owners as a fund raising project. Councilman Gilbertson moved to approve request subject to their obtaining the required Public Works permit, seconded by Councilman Greenberg and carried. D. Request to Paint House Numbers on Curbs - Robert Sweet & Keith Wolf City Manager Koski presented communication from Robert Sweet and Keith Wolf, two young Temple City residents, requesting permission to paint house numbers on the curbs of interested owners as a summer job Councilman Gilbertson moved to approve request subject to their obtaining the required Public Works permit, seconded by Councilman Greenberg and carried. 20. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Robert Owens, President, Temple City Chamber of Commerce, thanked Council for their suppor,_ and cooperation during the past year and reminded Council the Socia.l'Mixer will be held Wednesday, June 22, 5:30 p.m. at his place o c business. Council Minutes, June 21, 1977 - Page 11 RECESS TO CRA: The City Council recessed at 8:57 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held June 7, 1977; adopted resolution approving warrants and demands; and approved proposed wall sign for 5652 Rosemead Boulevard. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 21. ACTION ON REQUEST BY CRA: At the request of the Community Redevelopment Agency, Council directed City Manager to send a letter to the operators in the Rosemead Boulevard Redevelopment Project area to correct the lack of maintenance in the parking lot, which is their responsibility under the Lease Agreement. 22. MATTERS FROM CITY OFFICIALS: A. Purchase of Property - 9217 Pentland Avenue City Manager Koski advised that he and the City Attorney had met with owner of subject property to discuss the purchase as an addition to our existing maintenance facility for animal licensing and recreation programming, and pursuant to Council authorization have determined $50,000 to be a fair price. Councilman Gilbertson moved to authorize purchase of the subject property in the amount of $50,000 and allocate funds in the 1977 -78 budget, and approve escrow instructions, seconded by Councilman Tyrell and carried. B. Reappointment of Commissioners Mayor Merritt directed Council's attention to the list of Commis- sioners whose terms will expire on June 30, 1977. Councilman Tyrell moved to confirm reappointment of Commissioners as follows: Al Driver, Elloise Konrad, and Steve McVey, Parking Commission; Philip Andrews. and Frank Villar, Parks & Recreation Commission; Tom Atkins, Planning Commission; and Henry Stegmann and John Garver, Traffic Commission, all terms for a two -year period effective July 1, 1977, seconded by Councilman Gilbertson and carried. C. Ordinance Re: Overweight Commercial Vehicles City Manager Koski advised the Planning Commission is reviewing Ordinance No. 77 -446 relating to the parking of overweight com- mercial vehicles on residential properties; Commission action is anticipated at their regular meeting to be held June 28. Com- mercial truck owners have suggested that Sheriff's deputies not issue citations for parking or storing of commercial trucks on residential property pending a final determination by the City Council. Councilman Gilbertson moved to instruct the Sheriff's Department not to issue citations until the matter has been resolved, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Gilbertson, Greenberg NOES: Councilmen - Tyrell, Merritt D. City Council received and filed a communication from County Road Commissioner advising that Lower Azusa Road construction bids will be opened July 19 and, if favorable, will be awarded August 8 upon FHWA approval. Work should commence about the end of August with completion of the project estimated early June 1978. Council Minutes, June 21, 1977 - Page 12 E. Curb, Gutter and Sidewalk Petitions - Camino Real, north side, Brentmead to Temple City Boulevard City Manager Koski presented petition for curb and gutter improve- ments and sidewalk on the north side of Camino Real Avenue between Brentmead and Temple City Boulevard, signed by all property owners with one exception and it is anticipated the petition will be 100% in favor of the improvements. Councilman Gilbertson moved to set public hearing on the proposed improvements for July 19, 1977, seconded by Councilman Greenberg and carried. F. California Contract Cities Association - Liability Insurance and Joint Powers Authority City Manager Koski advised the Joint Powers Agreement has been reviewed and tentatively approved by 38 cities; an organizational meeting has been scheduled for June 29 at which time those cities that have signed the JPA will elect officers and members of the Executive Board. They have requested a voting member of the City be in attendance. The City needs to sign the agreement, which has been reviewed by the City Attorney, in order to continue partici- pation in the Joint Powers Authority. Councilman Gilbertson moved to authorize the Mayor and City Clerk to sign agreement, seconded by Councilman Greenberg and carried. At this time, Assistant City Manager advised that Christ & Spang, City's present insurance carrier, has informed the City to bind the coverage available as requested, 257 of the premium must be provided to bind the policy by June 30. Councilman Tyrell moved to authorize payment of 25% of the 1977 -78 premium, seconded by Councilman Gilbertson and carried. G. Mayor Merritt stated he was sorry to announce that he had receiv a letter of resignation from Councilman Louis Gilbertson effective July 15, 1977. Mayor Merritt expressed regrets that he has received. Councilman Gilbertson's resignation, stating he has done a terrific job on the Council and will be missed. Councilman Greenberg said the Council is not just losing a good friend and colleague, but a man who has a deep concern for the community. Councilman Tyrell stated the City owes Councilman Gilbertson 'a debt of gratitude. He felt that Councilman Gilbertson has been very instrumental in instigating various programs that have been very successful and that he has been very perceptive in picking out that which has alerted Council to many pitfalls. Councilman Tyrell stated that Councilman Gilbertson has been the finest Councilman he has ever known. Councilman Dennis concurred with the other Council members, saying he could not add anything to what the other members have said. City Manager Koski stated one of the most significant achievements during Councilman Gilbertson's service on the Council was in the Community Redevelopment project and his financial guidance which has put the City on its present firm, economic base. Councilman Gilbertson stated he and City Manager have an appointment to meet with Watson Development Company to work on the next portion of the redevelopment area, the Watson Company being interested in a five to six story commercial building. Councilman Gilbertson said personal and business considerations dictated that he end his association which has been second only to his family and church; that he has been privileged to serve with the present Council; and that he is confident Temple City will continue to elect representatives who will be able to meet the increasing complexities of local government, avoid the fiscal pitfalls encountered by many other cities and to maintain the pro- gress that has been made. Council Minutes, June 21, 1977 - Page 13 23. ADJOURNMENT: At 10:20 p.m. Councilman 7,-rell moved to adjourn the meeting in honor of Councilman Gilbertson, seconded by Councilman Greenberg. The next regular meeting of the City Council will be held Tuesday, July 5,1977, 7:30 p.m. in the Council Chamber of the City Hall. :'ATTEST: Chie Deputy City Cler 1 i -rim /IA) MAYOR