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HomeMy Public PortalAboutCity Council_Minutes_1978-01-03_Regular 1978CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 3, 1978 INITIATION: 1.. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:36 p.m. on Tuesday, January 3, 1978, in the Council Chamber of the City Hall. 2. The invocation was given by Councilman Greenberg. 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, Planning Director Dragicevich, Parks and Recreation Director Kobett, Traffic Engineer Envall, Lt. Richard Wallace representing Sheriff's Department, and Marie Evitt, Temple City Times 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes, of the regular meeting of the City Council held December 2.0, 1977, as written, seconded by Councilman Atkins and carried. UNFINISHED BUSINESS: 6. CONTINUED PUBLIC HEARING: 7 :30 p.m. AMENDING ZONING CODE RELATING TO CORNER AND SUBSTANDARD LOT FRONT SETBACKS. 7 City Manager Koski presented background information, stating City Council, at their regular meeting held December 6, 1977, continued the hearing on this matter pending review and comment by the Planning Commission regarding certain modifications City Council proposed to the draft ordinance to substitute the Planning Commission for the Minor Zoning Modification Committee to determine front yards on corner lots, and to provide property owners within 300 feet the opportunity to comment on the establishment of front yard setbacks affecting lots in their immediate area. City Council further requested guidelines be developed indicating the probable course of action that would be recommended by staff to be discussed with the applicant. Planning Commission, at their regular meeting held December 13, 1977, concurred with the City,Council findings and instructed staff to develop a draft set of guidelines for review by the Commission at their regular meeting to be held January 10, 1978. Councilman Dennis stated it was his understanding the Planning Com- mission would develop the guidelines prior to Council's adoption of the ordinance. This was the consensus of the Council, and Councilman Greenberg moved to continue the public hearing to January 17, 1977 in order to review the guidelines, seconded by Councilman Atkins and carried. . PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS - GREEN STREET, BALDWIN TO GLICKMAN (STREET LIGHTS, PURSUANT TO CHAPTER 27, IMPROVEMENT ACT OF 1911, STREETS AND HIGHWAYS CODE) City Manager. Koski presented background information, stating City Council, at their regular meeting held December 3, 1977, set public hearing for the installation of four 7,000 lumen lights on existing wood poles on the north side of Green Street between Baldwin Avenue and Glickman. Avenue; petitions were received by the City with Council Minute_., January 3, 1978 - Page 2 signatures of property owners representing 72% of the fronting properties which are presently in Zone B of the Municipal Lighting District. No installation charges are anticipated as the four 7,000 lumen lights, with overhead services, will be placed on existing wood poles on the north side of the street. Energy and maintenance charges for one year are estimated to be $303.69, or $13.20 per property owner based upon an equal assessment policy established by City Council. Property owners have been notified pursuant to Chapter 27, Improvement Act of 1911. Mayor Merritt declared the public hearing open. There being no one come forward to speak to the subject, Councilman Atkins moved to close public hearing, seconded by Councilman Greenberg and carried. Councilman Atkins moved to approve the Negative Declaration of Environmental Impact, seconded by Councilman Greenberg and carried. Councilman Greenberg moved to approve the installation of four 7,000 lumen lights on existing wood poles, with overhead service, on the north side of Green Street from Baldwin Avenue to Glickman Avenue, find the project to be in the best public interest, instruct the Superintendent of Streets to cause the work to be accomplished and to report on the installation of improvements when the work is completed, and to instruct the Superintendent to cause to be prepared a legal description of those properties abutting Green Street and initiate proceedings to annex the area into Zone A of the Lighting District at the appropriate time, seconded by Councilman Atkins and carried. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE 77 -515 (9436 La Rosa Drive) City Manager Koski presented background information, stating that th Planning Commission, at their regular meeting held November 8, 1977, held public hearing and adopted resolution granting a zone variance in Case No. 77 -515 to construct a 6 ft. high fence in the required front yard area which is on Heleo Avenue; the residential structure is oriented to La Rosa Drive, having a 23 ft. setback from that street. Planning Commission found the applicant's statements as to uniqueness of property to be true and correct. An appeal was filed within the prescribed time for filing and City Council, at their regular meeting held December 6, 1977, set public hearing for January 3, 1978. The zone variance is categorically exempt under California Environmental Quality Act of 1970, as amended. Mayor Merritt declared the public hearing open. Planning Director Dragicevich gave staff report explaining the subject corner property has a narrower street frontage on Heleo, therefore front yard setback is required on that street, however the front entrance to the residence is on La Rosa Drive. He gave factual data on the subject property. Mr. Melroy Brook, 5039 N. Heleo, stated he felt a wood fence would depreciate the property values in the area and he circulated a protest petition among 14 neighbors who were opposed to the proposed wood fence; that they are protesting the appearance of a wood fence rather than a fence being constructed to the property line. Mr. Paul Gobber, 9247 Blackley, stated the property owner needs the fence to create some privacy; that Then they bought the property they thought the property along Heleo was their side yard. Mr. Steve Bauer, 9436 La Rosa Drive, owner of the property, stated his neighbor immediately to the south has submitted a written state- ment of approval. There being no one else come forward to speak, Councilman Tyrell moved to include the Planning Commission. minutes a hart of the record, seconded by Councilman Greenberg and carried, C.uncihr;an Dennis moved to close public hearing, seconded by Councilman Atkins and carried. 1 Council Minutes, January 3, 1978 - Page 3 In answer to Councilman Atkins" question regarding choice of material, Mr. Bauer seated he would probably put up a block wall because the price of a wood fence has gone up considerably since his application for variance was submitted, however, he would like that choice. Councilman Tyrell stated the only objection the appellant seems to have at this time is to the fence being constructed of wood, and the applicant has stated a willingness to construct a block wall. Mayor Merritt reminded the Council that the neighbor most affected, immediately to the south, approves the proposed fence. Councilman Dennis stated the property is obviously oriented to the north and in his opinion the front yard is facing La Rosa Drive, and if that were the case the applicant would not need a variance for the fence in question. Councilman Tyrell agreed the front yard should be on La Rosa Drive. Councilman Greenberg stated a block wall is not that much more attractive than a wood fence if properly maintained. Councilman Dennis agreed it would be unfair to require the applicant to con- struct a block wall, stating the determination to be considered at this time is which yard is the front..yard. Councilman Atkins stated at this time the issue has become the materials to be used, and the applicant has expressed a, willingness to. construct a block wall, which in his opinion, is more permanent. Councilman Tyrell moved to adopt Resolution No. 78 -1705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING APPEAL IN VARIANCE CASE NO. 77 -515, allowing the applicant to construct a fence with the condition he construct a block wall and subject to all con- ditions set forth in Planning Commission Resolution No. 77- 775PC, seconded by Councilman Atkins and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Tyrell, Merritt NOES: Councilmen- Dennis, Greenberg Councilmen Dennis and Greenberg observed that the objection to the resolution was not in opposition to the fence, but to requiring the applicant to construct a block wall. 9. PUBLIC HEARING: 7 :30 p.m. APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE 77 -516 - 5650 -52 Rosemead Boulevard City Manager Koski advised that subsequent to City.'Council setting public hearing on appeal from Planning Commission decision denying a zone variance for a non - conforming outdoor advertising structure to be heard this evening , appellant withdrew the appeal and the outdoor advertising structure on subject property has been. removed Councilman Tyrell moved to receive and file letter of withdrawal from John. Pontrelli and refund appeal fee of $50.00;, seconded by Councilman Greenberg and carried. 10 ORDINANCE NO. 78 -456: RELATING TO INFRACTIONS City Attorney Martin presented proposed ordinance which. he had pre- pared at Council request, providing that first violat-i.cns of certai Council Minutes, January 3, 1978 - Page 4 11. PROPOSED ORDINANCE RELATING TO GRAFFITI City Attorney Martin presented proposed ordinance which he had prepared at Council request; providing a new section to uhe Temple City Municipal Code. prohibiting a person carrying any aerosol can of paint into or upon any city owned building, grounds, park or other facility unless such aerosol can is sealed 1 as a means to control graffiti. Councilman Tyrell moved to waive further. Council discussed the merits of requiring private property owners to remove graffiti, since, in their opinion, allowing graffiti to remain encourages its proliferation; however, it was felt that would be penalizing the victims of graffiti. It was Coucilman Tyrell's opinion that the subject ordinance allows law enforcement or park attendants the opportunity -to stop and talk with anyone carrying aerosol cans on public property. Councilman Dennis felt there were too Many loopholes in the ordinance and could not be enforced. Motion died for lack of second. 12. PROPOSED ORDINANCE RELATING TO MOPEDS AND OTHER MOTOR DRIVEN BICYCLES City Attorney Martin presented proposed ordinance which he had prepared at Council request, providing a new section to the Temple City Municipal Code relating to mopeds and other motor driven bicycles which would require dealers who sell mopeds or other motor driven bicycles to post a notice within the premises ... stating that such vehicles are subject to the traffic and motor vehicle provisions and regulations of the Temple City Municipal Code. City Attorney introduced subject ordinance for first reading by title only. Councilman Dennis expressed concern the proposed ordinance requires the sign to be at least 144 square inches in size, but does not set forth the size type to be used. Councilman Atkins shared that concern, stating the sign should be required to be in a conspicuous place for the buyer. In answer to Council's question about the advisability. of some regulations to the dealers of mopeds, Lt. Wallace stated it was the concern of law enforcement agencies that deliberate deception of license requirements be eliminated. Councilman Dennis expressed the concern that Council is attempting to do something on the local level which they object to the federal government doing; that residents could go out of town and purchase a moped and not be informed of their responsibility as a moped • . owner, and he felt the ordinance would become a nuisance. Councilman Greenberg felt that rather than an ordinance to regulate the sale of mopeds, the City should address a letter to dealers in the community and inform them of the requirements relating to the use of mopeds. Mr. Kenneth Gillanders, 4831 Ryland Avenue, stated an ordinance requiring licensing of mopeds would be good as many pecple:who buy them either lose or destroy their paper work, and licensing would provide serial numbers, etc. which could be used to recover stolen meopeds. City Manager Koski advised that vehicle code requires tha if bicycle licenses are required by local ordinance, mopeds would b. required to license under that ordinance. Councilman. Tyrell stated he would prefer to see the dealers of mopeds required to provide vehicle requirements to buyers and feels the City can provide this information to be disseminated by the dealers. Councilman. Greenberg moved to direct staff to contact: dealers of mopeds and other motor driven bicycles and enlist their cooperation Council Minutes, January 3, 1978 - Page 5 by advising buyers of their legal requirements and financial responsibilities, and to include an article in the new Newsletter, seconded by Councilman Atkins and carried on a. roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Dennis, Greenberg, Merritt NOES: Councilmen - Tyrell 13. JOINT POWERS INSURANCE AUTHORITY City Manager Koski presented two resolutions, one committing the City to the JPA, the other allowing the JPA Board of Directors to determine the method of deposit premium for the first year based upon current premiums. Councilman Tyrell moved to continue the matter to a study session to be held January 16, 1978, seconded by Councilman Greenberg and carried. 14. EDA SIDEWALK PROJECT - CASH CONTRACT 1225X: APPROVE AND AUTHORIZE ADDITIONAL WORK City Manager Koski presented letter from Superintendent of Streets Morhar, County Road Department, recommending additional work which was required in connection with subject project, to include addition- al concrete removal, concrete curb and gutter, crushed aggregate base, and manhole adjustment, and additional unclassified excavation to construct the sidewalk accordingly to plan. Councilman Atkins moved to find the work has no significant effect on the environment, and td approve and authorize additional work in the amount of $9,872.25, seconded by Councilman Greenberg and carried. NEW BUSINESS: 15. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of December 7, 1977 HALIFAX ROAD: LOWER AZUSA ROAD TO LIVE OAK AVENUE City Manager Koski presented background information., stating that pursuant to a concern expressed by a resident at the Council meeting held November 15, 1977, Traffic Engineer Envall made a field investi- gation of Halifax Road, Lower. Azusa Road to Live Oak. He felt the traffic control regulations presently existing on Halifax Road are adequate and recommended vigorous enforcement of the posted 30 mph regulations, and that upgrading of lighting would be desirable as well as the placement of road reflectors on the curved sections of the street within subject limits. Traffic Commission, at their regular meeting held December 7, 1977, concurred and recommends the installation of road reflectors on the curved portions of Halifax Road along the existing double centerline nor.th_of Freer Street and south of Key West, and upgrading • of street lighting to provide a better lighted roadway. Traffic Engineer Envall stated the Sheriff's Department has the tool to enforce speed on Halifax; there are controls at all inter- sections; visibility is not a problem; that it is not good engineer- ing practice to put a stop sign at a T intersection. Councilman Tyrell moved to approve the installation of road reflect- ors on the curved portions of Halifax along the existing double cen- terline north of Freer Street and south of Key West, seconded by Councilman Greenberg. Mayor Merritt requested the motion be amended to include north /south stop sign at Key West; however, the motion was amended by Councilman Tyrell to include speed limit: pavement markings as required only, seconded by Councilman Greenberg and carried. 16. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of December 13, 1977 AMENDMENT TO TEMPLE CITY.. ZONING CODE RELATING TO OUTDOOR ADVERTISING STRUCTURES City Manager Koski presented background information, stating the City Council.; at their regular meeting held November 1.5, 1977, con- Council Minutes, January 3, 1978 - Page 6 curred with Planning Commission resolution clarifying an ambiguity relating to the zoning classification of outdoor advertising structures and referred the matter back to the Planning Commission for public hearing on amendment to the Temple City Zoning Code; the Planning Commission, at their regular meeting held December 13, 1977, held public hearing and adopted resolution recommending amendment to Section 9329 of the Zoning Code relating to outdoor advertising structures; the proposed amendment is categorically exempt from the provisions of the California Environmental Quality Act. of 1970, as amended. Councilman Greenberg moved to set public hearing February 7, 1978, seconded by Councilman Tyrell and carried. 17. SET PUBLIC HEARING. STREET IMPROVEMENTS, ALESSANDRO AVENUE, LIVE OAK TO BROADWAY (CURB AND GUTTER PETITION) City Manager Koski presented background information, stating petitions for curb, gutter and driveway approach improvements have been returned to the City with signatures representing 72% of the front footage on Alessandro Avenue between Live Oak Avenue and Broadway; the proposed project has not been funded in the budget for Fy 1977 -78 and should the improvements be authorized, an amendment to the budget would be required. Councilman Atkins moved to set public hearing January 17, 1978 and instruct the Superintendent of Streets to notify the affected property owners, seconded by Councilman Tyrell and carried. 18. SET PUBLIC HEARING: STREET IMPROVEMENTS, HALIFAX STREET, FREER TO KEY WEST, EAST SIDE ONLY (CURB AND GUTTER PETITION) City Manager Koski presented background information, stating petitio for curb, gutter, and driveway improvements have been returned to the City with signatures representing 71% of the front footage on Halifax Street, Freer Street to Key West, east side only; the proposed project has not been funded in the budget for FY 1977 -78 and should the improvements be authorized, an amendment: to the budget would be required. Councilman Tyrell moved to set public hearing January 17, 1978 and instruct the Superintendent of Streets to notify the affected property owners, seconded by Councilman Atkins and carried. 19. MODIFICATION OF LIVE OAK PARK WATER SYSTEM City Manager Koski presented background information, stating the City was advisdd'.by the County Health Services that pursuant to State Law, the City is in violation of the Public Health Code, advising the City has 120 days from the date of the letter, to comply. The Maintenance Superintendent has reviewed the require- ments and has made recommendations for the corrections. The corrections to Temple. City Park, Baldwin Avenue Median strip, Santa Anita Avenue Median strip, and the island at Broadway and Encinita require correction involving labor. only. To correct the deficiencies at Live Oak -Park funds in the amount of $1,886.18 are needed to replace the. 3" and 4" vacuum breakers. Councilman Tyrell moved to authorize the modifications at Live Oak Park as recommended by the Maintenance Superintendent to comply with State law, appropriate additional funds in the amount of $1,886.18 and amend the adopted budget accordingly, seconded by Councilman Greenberg and carried.. Council Minutes, January 3, .1978 - Page ..7.,. 20. RESOLUTION NO. 77 -1703: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 77 -1703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Atkins and carried. 21. RESOLUTION NO. 77 -1704: WARRANTS AND DEMANDS, Demand Nos. 8248 thru 8355 in the amount of $102,743.66 Councilman Tyrell moved to adopt Resolution No. 77 -1704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $102%,743.66, DEMAND NOS. 8248 THRU 8355, seconded by Councilman Atkins and carried. 22. COMMUNICATIONS. A. Appeal from Traffic Commission denial for overnight parking permit - Mrs. Eve Comstock, 9818 La Rosa Drive City Manager Koski presented communication from Mrs. Eve Comstock, 9818 La Rosa Drive, requesting an overnight parking permit for two vehicles which was denied by the_ Traffic Commission at their regular meeting held December 7, 1977. Subsequent to receipt of the appeal, staff, in contact with her family, learned that Mr. and Mrs. Comstock will be out of town until sometime mid-January. Councilman Tyrell moved to continue the appeal to February 7, 1978, seconded by Councilman Dennis and carried. 23. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Everett Buffington, 10018 Green, expressed concern with the amount of water accumulating on the south side of Green Street from Baldwin Avenue to the City's easterly terminus. On being advised that curbs and gutters were the only solution to the problem of drainage, Mr. Buffington stated he would be interested in circulating a petition among his neighbors. Staff was advised to prepare a pet- ition for Mr. Buffington's circulation. RECESS TO CRA: The City Council recessed at 9:1.0 p.m. to meet as the Community Redevel- opment Agency, all members being present; approved the minutes of the regular meeting held December 20, 1977 and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 24/ ACTION ON REQUEST BY CRA There was no action to be taken. 25. MATTERS FROM CITY OFFICIALS: A. Request to attend Short Course for Planning Commissioners, January 26 -27, 1978, Anaheim City Manager Koski presented a request from Planning Commission Chairman Seibert to attend subject conference. Councilman. Tyrell moved to approve attendance of Commissioner Seibert to a course for Planning Commissi.aner& given by the University. of California Extension to be held in Anaheim, January 26 and 27 to include attendant costs in the amount of $200, seconded by Councilman. Greenberg and carried. Council Minutes, January 3, 1978 - Page 8 B. Request to attend California Park and Recreation Society Conference, February 25 -27, 1978, Fresno Councilman Tyrell moved to approve attendance to subject confer- ence by Director of Parks and Recreation Kobett. in Fresno, February 25 -27, as set forth in memo of request, to include attendant costs in the amount of $275, seconded by Councilman Greenberg and carried. C. Sheriff's Radio for City Use City Manager advised that Captain Hansen has advised the Sheriff's Department has authorized the use of Sheriff's Radio to provide direct communication between the Animal Control unit and Sheriff's Dispatcher. Councilman Tyrell moved to authorize purchase of radio estimated to cost $800.00 and amend the adopted budget accordingly, seconded by Councilman Greenberg and carried. D. Councilman Tyrell directed Council's attention to letter received by Captain Hansen from Arcadia - Monrovia ambulance in response to Captain Hansen's inquiry regarding response time to a call for ambulance at the scene of an accident on December 9, 1977. Council expressed concern with the delayed response time and requested a letter be sent to the Arcadia- Monrovia Ambulance Service to go out over the Mayor's signature, requesting specific rea_sens that caused the extended response to the call in question. 26. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis, meeting adjourned at 9:20 p.m. to a study session to be held Monday, January 16, 1978, 7:30 p.m.. Next regular meeting of the City Council will be held Tuesday, January 17, 1978, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk 1 MAYOR