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HomeMy Public PortalAboutCity Council_Minutes_1977-10-04_Regular 1977CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 4, 1977 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:34 p.m. on Tuesday, October 4; 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Mayor Merritt. 3. The Pledge of Allegiance to the Flag was led by Mayor Merrit 4 ROLL CALL: Present: Councilmen- Atkins, Dennis, Greenberg, Merritt. Absent: Councilmen- Tyrell Also Present :. City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director. Kobett Councilman Dennis moved to excuse Councilman Tyrell for cause, seconded by Councilman Atkins and carried. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular City Council meeting held September 20, 1977, as written, seconded by Councilman Atkins and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7 :30 p.m. AMEND ZONING CODE RELATING TO CERTAIN:C -1 USES CONTAINING LESS THAN 1,000 SQ..FT. City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of August 23, 1977, held public hearing and adopted a resolution recommending amend- ment to the Temple City Zoning Code relating to certain office and service type C -1 uses under 1,000 sq. ft. of gross floor area. At their regular meeting held July 26, Planning Commission clarified. that C -1 . regulations relating to such uses refer to existing struc- tures only, which means that no new buildings with less than 1,000 sq. ft. will be allowed nor further subdivision of existing struc- tures having less than 1,000 sq. ft. of office or service commercial uses was not the intent of Ordinance 75- 418(C -1). Planning Com- mission clarification followed an inquiry relating to the proposed conversion of a former service station site and its expansion and division into two non - retail type businesses, each having less than 1,000 sq. ft.. Planning Commission approved the filing of a Negative Declaration of Environmental Impact. City Council, at their regular meeting of September 6, 1977, set public hearing October 4, 1977. Mayor Merritt declared the public hearing open. Councilman Atkins moved to include the Planning Commission minutes a part of the record, seconded by Councilman Greenberg and carried. There being no one come forward to speak, Councilman Atkins moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Atkins moved to certify the Negative Declaration and that the Environmental Impact Report has been completed in con- formance with the California Environmental Quality Act and the state guidelines and that the City Council has reviewed and considered the information contained in the report, seconded by Greenberg and carried. Council Minutes, October 4, 1977 Page 2 City Attorney Martin introduced Ordinance No. 77 -453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN AMEND- MENT TO SECTION 9399.1B OF THE TEMPLE CITY ZONING CODE for first reading by title only. Councilman Atkins moved to waive further reading, seconded by Councilman Dennis and carried. 7. ACCEPTANCE OF BID: CHIPPER UNIT. City Manager Koski advised City Council, at their regular meeting held September 6, 1977, authorized the solicitation of bids for a silent brush chipper; notice inviting bids was published in. the Temple City Times; three bids were received and opened on September 28, with the apparent low bidder being Asplundh Equip- ment in the amount of $7,409.40. Councilman Atkins moved to accept low bid from Asplundh Equipment in the amount of $7,409.40 and authorize the City Clerk to sign, seconded by Councilman Dennis and carried. 8 RENEWAL OF AGREEMENT: STUDENT AND THE LAW BETWEEN CITY AND TEMPLE CITY UNIFIED SCHOOL DISTRICT /ST. LUKE'S SCHOOL City Manager Koski advised that City Council, at their regular meeting held August 16, 1977, authorized staff to finalize terms of renewal for Student and the Law at Cleminson, Lutheran, Oak Avenue and St. Luke's schools and return the agreements for Council action; at their regular meeting held September 20, 1977, Council approved agreement with Cleminson and Lutheran Schools.. The Temple City Unified School District and St. Luke's Schools have now returned their proposed agreement with the appropriate signature. Councilman Dennis moved to approve renewal of agreements for the Student and the Law program with Temple City Unified School Distric and St. Luke's School and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. 9 PROPOSED FEE SCHEDULE RE: PUBLIC WORKS PERMIT INSPECTIONS City Manager Koski presented background information, stating the. City Council, at their regular meeting held August 20, 1974, adopted Ordinance No. 74 -390 which adopted the County Permit Ordinance by reference and established permit fees. At their regular meeting held August 2, 1977, City Council adopted Ordinance No. 77 -451 adopting the County Permit Ordinance by reference and providing for the fee schedule to be set by reso- lution from time to time. The present fee schedule omits an inspection fee for certain public works improvements which the City must subsidize; permits for driveway closures, sidewalk or sidewalk fill -ints, curb and gutter provide for an issuance fee only and do not provide for recovery of inspection costs; the fee schedule as presently established makes no distinction between the residential property owner and the developer. Resolution has been prepared reflecting fees recommended by the County to include a special deposit for those categories now exempted from inspection fees. Councilman Greenberg moved to adopt Resolution No. 77 -1678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISH- ING FEES PURSUANT TO SECTION 6103 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO HIGHWAY PERMIT FEES, seconded by Councilman Dennis and carried. 10. ACCEPTANCE OF WORK: INSTALLATION OF STREET LIGHTS, GREEN STREET, GLICKMAN AVENUE TO EASTERLY TERMINUS City Manager Koski presented background information, stating the City Council, at their regular meeting held May 3, 1977, approved the installation of four 7,000 lumen street lights on existing Council Minutes, October 4, 1977 - Page 3 wood poles with overhead service on. Green Street from Glickman Avenue to the easterly terminus; lights were installed by Southern California Edison Company and energized as of August 9, 1977. In accordance with established policy cost for energy for four street lights in the amount of $303.69 are spread equally among the pro- perty owners fronting on Green Street within subject limits. Councilman Atkins moved to accept the installation of four 7,000 lumen lights on Green Street and set public hearing November 1, 1977 to approve assessments, and instruct the Superintendent of Streets . to notify the affected property owners, seconded by Councilman Greenberg and carried. 11. CETA, TITLE II: APPROVAL OF AGREEMENT City Manager Koski presented background information, stating the City is eligible for $53,118 under Title II of the Ceta Program, with the period for funding being October 1, 1977 through September 30, 1978; staff has identified an area of deficiency and has developed a proposed program to provide four laborer positions which would be utilized in crews of two to deal with public service needs, to include: weed abatement, red curb painting maintenance, sign posting, and concrete removal and repair of sidewalks and curbs. City Council appropriated $10,000 in the adopted 1977 -78 budget to provide for repair of curbs, gutters and sidewalks; presently there are 254 locations of erupted sidewalks within the City and under the Maintenance Superintendent, the proposed four laborer positions could remove damaged areas and replace them in a most cost effective manner by utilizing the $10,000 for materials rather than by contracting with the County or a private contractor. Councilman Atkins moved to approve class specifications and salary range for four laborers and approve contract and authorize Mayor and City Clerk to sign, and authorize staff to implement recruit- ment for the designated positions, seconded by Councilman Greenberg and carried. 12. ACCEPTANCE OF STREET IMPROVEMENTS - RELEASE BOND, TRACT 31181 (LOWER AZUSA ROAD AND KAUFFMAN AVENUE) City Manager Koski advised the Los Angeles County Road Department has advised the extension of Kauffman Avenue in Tract 31181 has been satisfactorily completed and has recommended the street improve- ments be accepted and Surety Bond in the amount of $70,000 released. Councilman Dennis moved to accept the street improvements in Tract No. 31181 and release surety bond in the amount of $70,000, seconded by Councilman Greenberg and carried. 13. LIVE OAK PARK DEVELOPMENT. - 1976 STATE PARK BOND ACT RE: TENNIS COURTS City Manager Koski advised City Council, at their regular meeting held April 19, 1977, authorized the filing of an application with the State of California requesting funds from the 1976 State Park Bond Act for the construction of tennis courts at Live Oak Park; the project agreement was authorized on August 2 and the fully executed agreement with the State was received September 22, 1977. Under the terms of the State Park Bond Act, the City is eligible to receive $93,439 and is now authorized to apply for up to ten percent of the total grant for design work and the preparation of plans and specifications, and cost estimates. Councilman Atkins moved to authorize staff to apply for the allowable ten percent advancement of the 1976 State Park Bond Funds for implementing the program, seconded by Councilman Greenberg and carried. NEW BUSINESS: 14. LICENSE AGREEMENT: CITY OF TEMPLE CITY AND COUNTY OF LOS ANGELES RE: USE OF COUNTY -OWNED SPACE AT TEMPLE CITY LIBRARY City Manager Koski advised the City has negotiated a license agree- ment with the CoiintN7 of e r'q Ar pP1 nG fn - Y *c'n of thn '1 l - H;grt+mn,, +. Council Minutes, October 4, 1977 - Page 4 for an emergency operating center for a period of 25 years for a consideration of $1 per year. The City Attorney has reviewed the agreement and approved as to form. In addition, the City must pro- vide liability insurance naming the County as additionally insured. Councilman Greenberg moved to approve agreement and authorize the Mayor and City Clerk to sign, seconded by Mayor Merritt and carried. 15. APPEAL FROM PLANNING COMMISSION DECISION RE: ZONE VARIANCE CASE 77 -514 City Manager Koski advised the Planning Commission, at their regula meeting held September 13, 1977, held public hearing and adopted resolution denying a zone variance application to construct a circu driveway with reduced street frontage on the basis that since the application was filed, it was found that the Traffic. Commission had prohibited parking in front of applicant's property obviating the need for a circular driveway, and that the property is not unique. The matter of prohibiting parking in front of this property was before the City Council and Council turned down recommendation of the Traffic Commission. Mrs. Whitten, 9418 Emperor, stated that no one within 300 feet of the applicant's residence objects to the circular driveway. Councilman Dennis stated that he would normally recommend the matter be returned to the Planning Commission because one criteria for their decision has been removed, but in order that the applicant get a quick review, he moved to set public hearing October 18, 1977 on the appeal, seconded by Councilman Greenberg and carried, 16. REQUEST TO SUBMIT APPLICATION FOR PEDESTRIAN SAFETY FUNDS - SIDEWALKS (SB 821) City Manager Koski advised that the City, for the past several years, has participated in the Local Transportation Fund for the development of bicycle and /or sidewalk facilities; pursuant to Council's authorization to proceed with the improvement of Live Oak Avenue from Baldwin Avenue to the easterly City boundary, and City's eligibility to claim pedestrian funds in the amount of $6,440 for funding this year, staff would recommend submittal of claim forms for those projects adopted in the budget for the fiscal year in which SB 821 monies are being sought. Councilman Atkins moved to adopt Resolution No. 77 -1679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLI- CATION FOR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS SIDEWALK IMPROVEMENT PROGRAM, seconded by Councilman Greenberg and carried. 17. RESOLUTION NO. 77 -1680: EMPLOYMENT OF PERSONNEL Councilman Greenberg moved to adopt Resolution No. 77 -1680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis and carried. 18. RESOLUTION NO. 77 -1681: WARRANTS & DEMANDS, DEMAND NOS. 7564 THRU 7679 IN THE AMOUNT OF $93,056.77 Councilman Greenberg moved to adopt Resolution No. 77 -1681 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $93,056.77, DEMAND NOS. 7564 THRU 7679, seconded by Councilman Atkins and carried. 19. COMMUNICATIONS: A. Chamber of Commerce re: Community Bazaar Day, October 22, 1977 City Manager Koski presented communication from Temple City Chamber of Commerce requesting permission to conduct a Community Bazaar Day October 22, 1977, 9 a.m. to 5 p.m. and to hang a street banner. Councilman Dennis moved to approve request to conduct a Community Bazaar Day October 22, to include barricades for no par.ki.m* on Council Minutes, October 4, 1977 - Page 5 Las Tunas between Camellia Avenue and Primrose Avenue, seconded by Councilman Greenberg and carried. B. San Gabriel Academy re: Request to hang banner City Manager Koski presented communication from San Gabriel Academy requesting permission to hang a banner across Temple City Boulevard and Las Tunas Drive October 23 through November 6 to advertise a 5 -Day Stop Smoking Clinic which is being sponsored by the San Gabriel Academy. Councilman Greenberg moved to approve request to hang banner October 23 through November 6, subject to the required certificate of insurance, seconded by Councilman Atkins and carried. 20. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Whitten, 9418 Emperor, inquired about the sidewalks being constructed throughout the City, stating the block on Emperor east of Oak Avenue, needs improvement more than any street in the city, it being the most neglected street in the city. Louis Gilbertson, 9232 Sparklett, stated he was happy to see Council take a firm stand in protecting residential property from parking of commercial overweight vehicles . on residential property. RECESS TO CRA: The City Council recessed at 8:17 p.m. to meet as the Community Redevelop- ment Agency, Mr. Tyrell being absent; approved the minutes of the regular meeting held September 20, 1977; approved request to sell Christmas trees on the southwest corner of Las Tunas Drive and Rosemead Boulevard; and adopted resolution approving warrants & demands. The minutes are set forth in full in the records of the agency. RECONVENE AS CITY COUNCIL: 21. ACTION ON REQUEST BY CRA: City Manager Koski requested Council action as to whether the intent of Section 4(c) and 4(d) of the Agreement for Operation and Main- tenance of Parking Facilities between the City and the Operators has been met in the Agency's approval of request to sell Christmas trees on the southwest corner of Las Tunas Drive and Rosemead Boulevard by requiring the applicant to provide at least 25% of the lot area for parking. Councilman Greenberg moved to approve and confirm Agency approval, seconded by Councilman Dennis and carried. 22. MATTERS FROM CITY OFFICIALS: A. Set Public Hearing: Conflict of Interest Code City Manager Koski advised that pursuant to Political Reform Act of 1974, he had held a public hearing Monday, October 3, 1977, 3 p.m. for the purpose of promulgating a Conflict of Interest Code for submission to the City Council, draft having been submitted earlier to City Council. Councilman Greenberg moved to set public hearing Tuesday, October 18, 1977, seconded by Councilman Atkins and carried. B. San Gabriel Valley Association of Cities Invoice Councilman Greenberg stated the invoice for dues assessment to the San Gabriel Valley Association of Cities for the fiscal year 1977 -78 were held because of some concerns of the City Council; that he has attended meetings and still has some concerns, however would recommend City Council participate for this fiscal year and make a determination next year whether to continue participation. Councilman Greenberg moved to approve invoice in the amount of $750 for fiscal year 1977 -78, seconded by Councilman Atkins and carried. Council Minutes, October 4, 1977 - Page 6 C. County -owned Strip of Land Quadrant of Blackley /Olive and Coverly /Alessandro City Manager Koski advised the County had offered the City first option to acquire the strip of land which varies in width from 6 feet to 12 feet as shown on exhibit. City Attorney Martin has advised the acquisition of this land would be a public liability; the strip is inadequate to meet standards for a public alley and could not be modified as properties are built right to the county -owned strip of land and staff recommends the offer be declined. Council expressed concern that the houses fronting on the strip of land are using it for egress and ingress and that their needs be protected, and instructed staff to work with the county to arrive at a satisfactory solution for the benefit of the property owners utilizing the strip. D. EDA Sidewalk Construction Project - additional work City Manager Koski advised there is a balance of uncommitted construction funds estimated at $56,665 of the EDA grant; EDA regulations allow those agencies receiving an award to add to the project limits as long as the scope of work is not changed. Staff has reviewed potential new locations for sidewalk con- struction and is negotiating with the contractor to extend the project and requests City Council review the proposed locations and establish priorities, after which staff can provide a change order to the contractor to complete work until funds have been exhausted. City Council referred the matter to the Traffic Commission to review the proposed locatiomand recommend priorities. E. Request for Use of Live Oak Park - Temple City YMCA City Manager Koski presented request from the Temple City YMCA for use of a portion of Temple City Park Sunday, October 23, 1977 from 1 p.m, to 3 p.m. for the purpose of conducting a membership rally. Councilman Greenberg moved to approve request subject to Conditions of Park Use and the filing of the required Certificate of Insurance, seconded by Councilman Atkins and carried. 1 F. Athletic Field Lighting: Live Oak Park City Manager Koski presented agreement outlining services to be performed by the firm of Store, Matakovich & Wolfberg, pursuant to Council authorization to retain professional engineering services to prepare plans, specifications and cost estimates for the lighting of athletic fields at Live Oak Park. Councilman Atkins moved to approve and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. G. Councilman Greenberg advised the Steering Committee which resulted from the City seminar held last spring met September 29 as an organizational meeting with approximately 45 persons attendin Councilman Greenberg also stated at a recent awards and installatio banquet of the L. A. Basin Parks and Recreation Commissioners and Board Members, the City was presented a certificate for outstanding and dedicated assistance to their aims, goals and activities. H. Mayor Merritt expressed concern that the Sheriff's Department is still issuing warning citationsfor front yard parking violations, stating the problem will not diminish by handing out warning citations. Councilman Atkins moved to instruct the Sheriff's Department to issue citations for violation of the front yard parking prohibition, seconded by Mayor Merritt and carried. 1 Council Minutes, October 4, 1977 - Page 7 23. ADJOURNMENT: On motion by Councilman Dennis, seconded by Councilman Atkins and carried, meeting adjourned at 9:20 p.m. Next meeting of the City Council will be held Tuesday, October 18, 1977, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: get.e-e- C ief Deputy City Clerk 44) 20Za....4.1_4707 MAYOR