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HomeMy Public PortalAboutCity Council_Minutes_1977-10-18_Regular 1977CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 18, 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 18, 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 Merritt. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, 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 Dennis moved to approve the minutes of the regular meeting held October 4, 1977, as written, seconded by Councilman Greenberg and carried, Councilman Tyrell abstaining. Councilman Greenberg introduced Webelos from Cub Pack 76 who were in attendance with their leader, Mr. Martin Jackson. UNFINISHED BUSINESS: 6. ORDINANCE NO. 77 -453: 2nd read. AMENDING ZONING CODE RELATING TO CERTAIN C -1 USES CONTAINING LESS THAN 1,000 SQ. FT. City Attorney Martin introduced Ordinance No. 77 -453 AN ORDINANCE OF THE CITY OF TEMPLE CITY PROVIDING AN AMENDMENT TO SECTION 9399.1B OF THE TEMPLE CITY ZONING CODE for second reading by title only. Councilman Atkins moved to waive further reading and adopt, seconded by Councilman Greenberg and carried. 7. PUBLIC HEARING: 7:30 p.m. CONFLICT OF INTEREST CODE City Manager Koski advised the Administrative hearing having been held October 3, 1977, for the purpose of promulgating a Conflict of Interest Code and draft having been presented to City Council, Council at their regular meeting held October 4, 1977 set public hearing October 18, 1977, to consider the draft Conflict of Interest Code for adoption in final form. As required by law, notice of public hearing was published in the Temple City Times and copies of the Code distributed to all those commissioners and department heads affected. City Manager Koski also advised he had contacted the Fair Political Practices Commission with regard to designation for consultants and under what circumstances they would be included in a Conflict of Interest Code, and was advised that if the work and /or recommendations and information are provided by the consultant who is subject to direction or control of a member of the local govern- ment agency, or if the consultant had power to make any type of decision or conunit the agency to any course of action, then he would be included as a consultant. The mere hiring of an individual to make an independent study and given a set of guidelines, he makes his study and submits his report, then he would not be included. City Attorney Martin advised with the Fair Political Practices Commission guidelines in mind, he would recommend a consultant's designated category be Disclosure categories 2, 3, 4, and 5 with Council Minutes, October 18, 1977.- Page 2 with the qualification the stated categories will he determined by City Attorney and City Manager pursuant to provisions of Cal. Adm. Code Section 18700.2. Mayor Merritt declared the public hearing open. There being no one come forward to speak, Councilman Dennis moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins moved to adopt the Conflict of Interests Code, as amended, seconded by Councilman Greenberg and carried. 8 PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION RE: ZONE VARIANCE CASE 77 -514 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held September 13, held public hearing and adopted Resolution No. 77 -770PC denying a zone variance in Case No. 77 -514. Applicant had requested the variance to construct a circular driveway on the subject property with reduced street frontage; required is 70 ft., the property in question has 66 ft. Planning had denied the variance for property located at 9426 E. Emperor Street, on the basis that since the application was filed,the Traffic Commission had prohibited parking in front of the applicant's home thus obviating the need for such circular driveway, and that the property is not unique. Applicant filed the appeal within the prescribed time and City Council, at their regular meeting held October 4, 1977, set public hearing on October 18, 1977. Mayor Merritt declared the public hearing open. Planning Director Dragicevich gave staff report, stating the property has a 66 ft. frontage with a depth of 300 ft., property contains a single family residence, a two -car garage and an additional structure to the rear of the garage; there is no curb or gutter. Mr. Dragicevich advised there is a aggravated problem of parking during the spring and summer due to activities on the high school campus. If Council reverses the Planning Commission decision, staff has proposed a number of conditions. 1 Mr. John Hickey, 9408 Emperor, stated in his opinion the situation on Emperor is unique, the family has a number of ears, and he feels a circular driveway would enhance the property. Mindy Stevens, 9426 E,Emperor, stated there are five children and two adults in her family and all have a car; the problem is that stacking them in the driveway is difficult because often the first one in is the first to leave for the day. Also if they have friends over they often have to parking a block away. Roger Stevens, 9426 E. Emperor, stated there is a camper stored between the house and the garage, consequently there is no room to park cars there. In answer to Council's question regarding the statement in the Planning Commission minutes they intended to park cars overnight in the circular driveway, he stated the family did not know whether it was permissible or not. Mrs. Whitten, 9418 E. Emperor, stated as their neighbor, she has no objection to a circular driveway; that when the street is full with parked cars they would have one more chance in getting access to the street. Laurence Stevens, 9426 E. Emperor, stated his main purpose in wants to construct a circular driveway is to provide parking for his gues , that he would have an architect prepare plans; that sometimes it takes three moves to get into or out of his driveway. In answer to Council's question regarding parking behind the garage, he stated that even with a light he would not be happy to have his family park that far away from the house. Councilman Atkins moved to close the public hearing, seconded by Councilman Greenberg and carried. Council Minutes, October 18, 1977._ Page 3 Councilman Atkins stated he feels there is a case for a variance; that the property is unique, being ",,sb< close to the high school, not being feasible to construct curbs and gutter which is beyond his control; the circular driveway seems to be the only relief he has to the problem. He would favor granting a variance. Councilman Greenberg stated he agrees, stating that due to the unique problem of the property and the surrounding neighborhood, the property owner is being denied the same use of his property that others enjoy and he would favor a variance. Councilman Dennis agreed that a unique circumstance exists, but felt that the circular driveway will not solve the problem, except to help when the street is loaded with automobiles; however agreed the property owner has a case for a variance. He did remind the applicant that a circular driveway is not intended as storage for overnight and pointed out a violation might result in a citation. Councilman Tyrell agreed with the comments made by the other Councilmen and moved to adopt Resolution No. 77 -1686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING A ZONE VARIANCE (CASE NO. 77- 514), . seconded by Councilman Atkins. Mayor Merritt stated there is available space to park behind the garage and in his opinion it would not be inconvenient and there would be no necessity for a variance. Motion carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Greenberg, Tyrell NOES: Councilmen- Merritt Councilman Greenberg moved to approve the categorical exemption from the provisions of the California Environmental Quality Act of 1970, seconded by Councilman Atkins and carried. 9. PUBLIC HEARING: 7:30 p.m. TREE REMOVAL PETITION: BOGUE STREET, BETWEEN BALDWIN AND GLICKMAN City Manager Koski presented background information, stating City Council, at their regular meeting held September 6, 1977 set public hearing for October 18, 1977 to consider a full Environmental Impact Report on a petition requesting removal of trees on Bogue Street, between Baldwin Avenue and Glickman Avenue, which have erupted public improvements and caused a nuisance to the property owners within subject limits. City staff attempted to contact all the property owners to determine their desires relating to the removal and replacement of trees. There are 19 property owners involved and city has received 17 responses to a survey, which indicates there are six opposed to removal of any trees and of the 11 favoring some removal, three favor removing only those trees which are damaged or unhealthy. The majority choice of those responding to the survey favor replacement with Liquidambar. Staff recommends Council consider removing four trees which are most severely damaging adjacent property and public works improvements, those being the trees at 10037, 10049, 10109, and 10121 Bogue Street. At 10155 and 10159 the trees show some damage, however it is not significant at this time and the work can be done at a later date. The cost estimated to remove the trees and damaged public and private improve- ments, and to replace the trees is $5,400. The amount has not been budgeted and would require an amendment to the budget. Planning Director Dragicevich stated he had prepared the Environ- mental Impact Report on the basis of removal of 19 trees and the conclusion was the project will have no substantial adverse effect on the environment. Mayor Merritt declared the public hearing open. There being no one come forward to speak, Councilman Greenberg moved to close the public hearing, seconded by Councilman Atkins and carried. Council Minutes, October 18, 1977 - Page 4 Councilman Greenberg moved to certify that the Environmental Impact Report has been completed in conformance with the Cali- fornia Environmental Quality Act and the state guidelines and that the City Council has reviewed and considered the information contained in the report; and that any adverse envirionmental impact contained in the report is overruled and counterbalanced by econ- omic and social needs, objectives, and concerns in providing this community with private or public improvements of municipal import as set forth in the findings indicated in the minutes, seconded by Councilman Atkins and carried. Councilman Tyrell moved to approve removal of four trees pursuant to memo dated October 14, 1977, remove and replace public improve - ments; appropriate additional funds in the amount of $5,400 and amend the adopted budget accordingly, seconded by Councilman Atkins and carried. 10. ACCEPTANCE OF PROPOSAL; ARCHITECTURAL SERVICES FOR TENNIS COURTS DESIGN FOR LIVE OAK PARK City Manager Koski presented background information, stating City Council, at their regular meeting held September 20, 1977, approved retaining of professional services to design, prepare necessary plans and specifications, and cost estimates for the proposed three tennis courts at Live Oak Park to include an alternate bid for four courts. An application has been filed with the State of California for the allowable ten percent advancement of 1976 State Park Bond Funds which may be used to defray the cost of designing facilities and preparation of necessary plans, specifications and cost estimates. Staff has received a proposal from the firm of Eriksson, Peters & Thoms outlining the scope of work to be performed in an amount not to exceed $4,800, and to provide supervision of the installation in an amount not to exceed $1,600. Councilman Dennis moved to approve the proposal and authorize Mayor and City Clerk to sign letter of understanding, seconded by Council man Greenberg and carried. 11. STREET IMPROVEMENTS: CAMINO.REAL, NORTH SIDE, BRENTMEAD TO TEMPLE CITY BOULEVARD - ENGINEERING PROPOSAL City Manager Koski presented background information, stating City Council, at their regular meeting held July 19, 1977, held public hearing and determined it to be in the best public interest to construct curb, gutter and sidewalk under Chapter 27 proceedings. Staff has received three proposals from private engineering firms; the lowest proposal from Valcon, Inc. in the amount of $1,900 which is far under the $6,700 estimated by the County Road Department. Councilman Tyrell moved to approve proposal for engineering services - from Valcon, Inc. in the amount of $1,900 and authorize the Mayor and City Clerk to sign the letter of understanding, seconded by Councilman Atkins and carried. NEW BUSINESS: 12. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of October 11, 1977 A. CLARIFICATION RE: ZONING CATEGORY FOR ANTIQUE STORES 9149 -53 and 9161 E. Las Tunas Drive — City Manager Koski advised the Planning Commission, at their regula meeting held October 11, 1977, reviewed two requests for approval of antique stores at subject location, which is zoned C -2. Temple City Zoning Code does not provide for any specific commercial zone classification for antique stores. The intent was to look at each situation separately and make a determination based on the type of business proposed. The Planning Commission found that the proposed stores are true antique stores and appropriate for C -2 zone and recommended their approval subject to an annual inspection prior to renewal of their business license. Councilman Greenberg moved to concur with the Planning Commission recommendation, seconded by Councilman Atkins and carried. Council Minutes, October 18, 1977' Page 5 B. CONTINUATION OF NON - CONFORMING USE RE: 9511 E. LAS TUNAS DRIVE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of October 11, 1977, found that under Section 9273 of the Temple City Zoning Code, a non - conforming use may continue if replaced by the same or similar use. The property in question, which is zoned C -1, has been occupied for many years as a physician's office, and the issue raised before the Planning Commission was whether occupancy of that building by registered physical therapists would represent a change in the status of non - conformity. Planning Commission found that physical therapy is an extension of medical profession, and may continue with the use. Councilman Tyrell moved to concur with Planning Commission findings, seconded by Councilman Dennis and carried. 13 TEMPLE CITY MUNICIPAL LIGHTING DISTRICT: ADJUSTMENT OF STREET LIGHTING ZONE BOUNDARIES - ZONE B TO ZONE A GREEN STREET, GLICKMAN AVENUE TO EASTERLY TERMINUS 9028 -30 RANCHO REAL ROAD 5422 -32 McCULLOCH AVENUE PORTION OF LAND ON KAUFFMAN AVENUE, + 390 FT. NORTH OF LOWER AZUSA City Manager Koski stated that during the calendar year 1977 street lighting improvements were completed for the subject limits; legal descriptions of properties abutting the four streets were prepared by the County Engineer for annexation proceedings, and in order to annex the subject streets and abutting properties into Zone A of the Temple City Lighting "District, in accordance with the Street Lighting Act of 1911, the City Council shall adopt a resolution declaring its intention to hold public hearing relating to an adjustment of its street lighting zone boundaries. Councilman Tyrell moved to adopt Resolution No. 77 -1682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTEN -. TION TO HOLD A PUBLIC HEARING RELATING TO AN ADJUSTMENT OF ITS STREET LIGHTING ZONE BOUNDARIES and setting public hearing for November 15., 1977, 7:30 p.m., seconded by Councilman Dennis and carried. 14. SLURRY SEAL PROJECT: FY 1977 -78 - MAINTENANCE AREA 3A City Manager Koski stated that City Council adopted funds in the 1977 -78 budget for a preventive maintenance program for the annual slurry seal . application of streets; this year Maintenance Area 3 -A is scheduled for maintenance and is the area bounded generally by the SPRR on the south, Encinita Avenue on the east, Las Tunas Drive on the north, and Rosemead Boulevard on the west. Funds were also budgeted for slurrying and restriping of public parking lots in the parking districts. Plans and specifications have been prepared and a calendar of events has been prepared for advertising and receiving bids. Councilman Tyrell moved to approve plans and specifications, and calendar of events, and authorize advertising and receiving bids, seconded by Councilman Greenberg and carried. 15. FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM City Manager Koski advised subject program permits the donation of Federal surplus personal property through a designated state agency to any public agency as assistance in promoting services for a given area. City of Temple City is currently eligible to partici- pate in this program through October 16, 1977. To be eligible after that date, the City must file an application with the State Surplus Property Agency, signed assurance forms respecting compliance with nondiscrimination requirements, and a resolution designating donee representatives. Council Minutes, October 18, 1977 - Page 6 Councilman Tyrell moved to authorize the Mayor and City Clerk to sign the application and adopt Resolution No. 77 -1683 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DESIGNATING AUTHORIZED REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY, seconded by Councilman Atkins and carried. 16. REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY CAMPFIRE GIRLS City Manager Koski advised the Temple City Camp Fire Girls has requested use of the picnic shelter at Live Oak Park Sunday, October 30, 1977 from 7:30 a.m. to 12 noon for the purpose of holding a pancake breakfast. Councilman Tyrell moved to approve request subject the Conditions of Park Use and the required certificate of insurance, seconded by Councilman Greenberg and carried. 17. APPEAL FROM TRAFFIC COMMISSION DENIAL OF OVERNIGHT PARKING PERMIT - 5030 CLOVERLY AVENUE City Manager Koski advised the Traffic Commission, at their regular meeting held October 5, 1977, denied the application for an over- night parking permit for Lynda Shepard, 5030 Cloverly Avenue on the basis there was ample room for parking of four vehicles, investi- gation having disclosed one half of the garage was used for storage. The appeal details convenience as the primary reason for requesting the overnight parking permit. Lynda Shepard, 5030 Cloverly, stated there are two residences on the property; that two families have a total of six cars; there is one driveway with a width for one car, which necessitates moving any cars stacked in the driveway to allow cars in the rear of the property to exit; that for medical reasons it could be imperative that she be able to use her car without juggling the cars and losing time. Assistant City Manager Biel advised the Traffic Commission felt that convenience was the criteria for this request and that it is the obligation of the landlord to provide reasonable parking for their tenants; that they have requested the Planning Commission to study the problem of rental situations where sufficient parking is not provided and placing a burden on the public street, which they feel discriminates against single family residences. Planning Director Dragicevich advised that the driveway in questioned could be widened to allow cars in the rear of the property to exit without moving those cars which are parked. Councilman Dennis stated the property is a legal non - conforming and two separate families, and moved to approve overnight parking permit, seconded by Mayor Merritt. Councilman Tyrell stated it is the responsibility of the landlord to provide adequate parking for their tenants and felt the Traffic Commission finding is sound. Motion failed on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Merritt NOES: Councilmen- Atkins, Greenberg, Tyrell Council instructed staff to issue a temporary overnight parking permit for 30 days to allow the landlord an opportunity to provide alternate private parking. 18. RESOLUTION NO. 77 -1684: EMPLOYMENT OF PERSONNEL Councilman Greenberg moved to adopt Resolution No. 77 -1684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Tyrell and carried. Council Minutes, October 18, 1977 - Page 7 19. RESOLUTION NO. 77 -1685: WARRANTS & DEMANDS, DEMAND NOS. 7680 THRU 7804 IN THE AMOUNT OF $141,082.72 Councilman Tyrell moved to adopt Resolution No. 77 -1685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $141,082.72, DEMAND NOS. 7680 THUR 7804, seconded by Councilman Dennis and carried, Councilman Greenberg noting his non - participation with regard to check number 7782. 20. COMMUNICATIONS: A. Chamber of Commerce re: Christmas Preview Day, November 20, 1977 City Manager Koski presented communication from Temple City Chamber of Commerce requesting appropriate signs in the immediate downtown area and installation of Christmas decorations on November 17, to be illuminated after Thanksgiving as a part of their annual Christmas Preview Day to be held Sunday, November 20. Councilman Tyrell moved to approve request of Chamber of Commerce as set forth in their letter dated October 14, 1977, seconded by Councilman Greenberg and carried. B. Mrs. Grace Vett, 5476 Temple City Boulevard City Manager Koski presented a communication from Mrs. Grace Vett concerning an alleged hazard in the 5400 block of Temple City Boulevard, purported to be a sight obstruction created by the recent construction of sidewalk on the east side of Temple City Boulevard. Mrs. Grace Vett stated the existing wall is six feet in height located approximately seven feet from the curb; that since the installation of sidewalk many children and adults use the sidewalk and the wall completely obstructs her view when she exits her driveway. City Manager Koskirexplained the block wall met existing code requirements prior to construction of Temple City Boulevard which widened the roadway which leaves the City with 8 feet 6 inches right -of -way from the curb; that pursuant to code staff investigated the allegation and in staff's opinion, the removal of the wall to 10 feet from edge of gutter would not be reasonable in that the block wall is a legal non - conforming one and would not greatly improve visibility. Councilman Tyrell moved to continue the matter and direct staff to initiate an investigation from Traffic Engineer and the Sheriff's Traffic Division to return with a comprehensive report November 1, seconded by Councilman Greenberg and carried. C. Parks and Recreation Commission resignation Mayor Merritt advised City had received a letter of resignation from the Parks and Recreation Commission from Ralph Haug due to his move to Kansas. Councilman Greenberg moved to accept Commissioner Haug's resignation with regret, and request the Mayor send a letter of appreciation, seconded by Councilman Atkins and carried. 21. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Clayton Taylor, 4838 Arden Drive, made a complaint regarding sub - standard structures on the property at 4840 Arden being converted to residential use, stating he has been in contact with the Assistant Planner over a two -year period and was told this was a legal residence. Planning Director Dragicevich stated this matter came to his attention last week; that he has referred the matter to the rehabilitation section of the building department and expects a report by October 21. Councilman Tyrell moved to continue this matter to November 1 and instruct staff to prepare a comprehensive report, to include report from the Health Department, Building Department and Fire Department Council Minutes, October 18, 1977 - Page 8 seconded by Councilman Atkins and carried. RECESS TO CRA: The City Council recessed at 9:33 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held October 4, 1977; set public hearing November 15 to consider quitclaim of Flood Control property acquired by the Agency. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 22. ACTION ON REQUEST BY CRA: There was no action to be taken. 23. MATTERS FROM CITY OFFICIALS: A. 1978 General Municipal Election - Proposal for Services City Manager Koski presented proposal from Martin & Chapman Company for election services in the amount of $2,698.78, plus $75 charge for delivery of sample ballots from the Registrar of Voters to the Post Office for the 1978 General Municipal Election. Councilman Tyrell moved to approve proposal and accept services from Martin & Chapman as set forth in their letter dated October 11, 1977, seconded by Councilman Greenberg and carried. B. POLICY RE: CITY CONFERENCE AND SEMINARS Councilman Tyrell moved to adopt policy for City Conference and Seminar attendance as set forth in memo dated October 18, 1977, seconded by Councilman Atkins and carried. C. ADDITIONAL WORK TO EDA STREET AND SIDEWALK PROJECT City Manager Koski presented established order of priorities as considered by the City Council and Traffic Commission for additions streets to be added to subject project for construction of side- walk. Councilman Atkins moved to approve construction of sidewalk as prioritized in staff memo dated October 18, 1977, seconded by Mayor Merritt and carried. D. CITY PARTICIPATION IN COUNTY SLURRY SEAL PROGRAM - WEST SIDE SANTA ANITA AVENUE, NORTHERLY TO SOUTHERLY BOUNDARY City Manager Koski advised the County of Los Angeles is soliciting bids for the slurrying of streets in county unincorporated area which includes Santa Anita Avenue. City can participate in the project for an estimated amount of $3,440 based upon estimates of slurry seal unit prices. Councilman Tyrell moved to approve City participating in the County slurry seal program to include the west side of Santa Anita Avenue from boundary to boundary; to appropriate additional .. funds in the amount of $3,440 and amend the adopted budget accordingly, seconded by Mayor Merritt and carried. E. Resolution No. 77 -1687: Custodian of Petty Cash Fund Councilman Tyrell moved to adopt Resolution No. 77 -1687 A RESOLUTIO Ill OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING CUSTODIAN OF PETTY CASH FUND, seconded by Councilman Dennis and carried. F. City Manager Koski advised he and Public Relations Coordinator had met with officials from the post office to discuss a non - profit status to allow City to mail the Newsletter for two cents each. G. Councilman Tyrell requested Council consideration be given to an infraction ordinance that would include violations for misuse of the tennis courts by carrying onto the courts food and drink, etc. The Council was advised Planning Commission will be holding a study 1 Council Minutes, October 18,1977 Page 9 session October 25th and will be asked to include this problem in the general discussion on the practicality of imposing the infraction process. H. Mayor Merritt requested the Planning Commission study the parking situation on legal non - conforming uses due to the numbers of requests for overnight parking permits. 24. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis, meeting adjourned to an Executive Session at 9:50 p.m. Next regular meeting of the City Council will be held Tuesday, November 1, 1977, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: /1/6. ((el &-Ir_e- Chief Deputy City Clerk MAYOR