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HomeMy Public PortalAboutCity Council_Minutes_1978-01-17_Regular 1978CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 17, 1978 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, January 17, 1978, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend David Brinkley, Church of Christ, 5272 N. Sereno Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Greenberg, Merritt Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks and Recreation Director Kobett, Regional Engineer Envall, and Marie Evitt, Temple City Times Councilman Greenberg moved to excuse Councilman Tyrell for cause, seconded by Councilman Atkins and carried. 5. APPROVAL OF MINUTES: Councilman Dennis requested Item 11 of the January 3, 1978 minutes be expanded to reflect the reasons Council did not support the pro- posed ordinance relating to graffiti; and Item 15 be clarified to reflect that Mayor Merritt's request to include a north /south stop sign at Key West on Halifax was not a part of the motion which was adopted. Councilman Atkins moved to approve the minutes of the City Council meeting held January 3, 1978 as corrected, seconded by Councilman Greenberg and carried. At this time Mayor Merritt presented a Certificate of Appreciation to Regional Engineer Gordon Kriegel who has acted as City Engineer since 1967 and expressed Council's appreciation for his efforts and many hours donated to the interest of the City. Mr. Kriegel expressed his thanks and introduced Richard Cron who would be replacing him as Regional Engineer working out of the Temple City office. Councilman Greenberg introduced Greg Kobett, son of Parks and Recreation Director Kobett, who was in the audience, and commended him as an out- standing student in the community who is leaving shortly to spend a year as an exchange student in New Zealand. UNFINISHED BUSINESS: 6. CONTINUED PUBLIC HEARING: 7:30 p.m. AMENDING ZONING CODE RELATING TO CORNER AND SUBSTANDARD LOT FRONT SETBACKS City Manager Koski presented background information stating City Council, at their regular meeting held December 6, 1977, referred the matter back to the Planning Commission for guidelines which would direct the recommendations insofar as front and side yard setbacks on corner lots and lots with substandard street frontage is concerned, and also suggested the proposed ordinance be referred to the Planning Commission rather than the Minor Zoning Modification Committee to provide property owners within 300 feet to comment. Planning Commission, at their regular meeting held January 10, 1978, recommended guidelines as set forth in staff memo dated January 13, Council Minutes, January 17, 1978 - Page 2 and that any lot which abuts two separate streets, such as a corner lot or a double frontage lot.be referred to the Planning Commission and lots which are non - contiguous to a public street and lots which have less than 35 foot frontage on a public street be referred to the Minor Zoning Modification Committee for determination. In answer to Councilman Dennis' question whether the proposed guidelines are more restrictive than the majority of existing corner lots, Planning Director Dragicevich answered in the affirmative. Mayor Merritt declared the public hearing continue, and invited anyone wishing to speak to the issue to come forward. There being no one come forward to speak, Councilman Greenberg moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Greenberg moved to approve filing Negative Declaration of Environmental Impact, seconded by Councilman Atkins and carried. City Attorney Martin introduced Ordinance No. 77 -454 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADOPTING SECTION 9119(L)(9) (A) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO FRONT YARDS for first reading by title only. Councilman Atkins moved to waive further reading, seconded by Councilman Greenberg and carried. 7 PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS, ALESSANDRO AVENUE, LIVE OAK TO BROADWAY (Curb, gutter and driveway approaches pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular meeting held January 3, 1978, received petitions for the installation of curb, gutter, driveway approaches from property owners on Alessandro Avenue from Live Oak to Broadway, representing 727, of the front footage of the block. The project comes under a Categorical Exemption as defined under the Environmental Quality Act of 1970 as amended. City's share of the construction is estimated to be $32,222, property owners' share is estimated to be $15,22.2; property owners were notified of their estimated costs based on $6 per lineal foot for curb and gutter and $1.50 per square foot for driveway approaches. Because of unprecedented bidding situations now affecting public works projects, City Council may wish to review their policy of rebating 50C per 1.f. for curb and gutter to property owners who pay their assessment within 5 days, the present policy having been established when curb and gutter was running $2 per 1.f. which represented 25% assistance to property owners. If City Council approves the project, an amendment to the budget will be required. Mayor Merritt declared the public hearing open and invited anyone wishing to speak to the subject to come forward. Mr. Don Stedfield, 9264 Wedgewood, stated he felt the project was misrepresented by the circulator of the petition who advised the figures were determined by recent construction costs, yet within a few weeks time the estimated assessments increased. He also stated his block has excellent drainage and he is not sure the improvements will be of benefit and will increase taxes. Geraldine Rentz, 5620 Alessandro, stated she is opposed to the curb and gutter improvements for financial reasons and innuired what the City's estimated cost covers.and what happens if the project is approved and the property owner is unable to pay. City Manager Koski advised the cost to the City represents costs for survey, engineering, preparation of plans and specifications, ex- cavation, on- street work, compaction and inspection. He also advised there are two options to Council if the property owner is unable to pay the assessment;.payment can be deferred and the assessment would be on the property tax hill, or in the case of financial hardship a schedule of payment can be approved. Mrs. Rentz requested Council set a limit on unit costs for property owners. Council Minutes, January 17, 1978 - Page 3 Pam Mangum, 5614 Alessandro, stated she is against the project for financial reasons. a Willi _m_ajanian, 5522 Alessandro, inquired what the City would do abbout two adjoining driveways and was advised the wishes of the property owners would prevail. Mr. Agajanian withdrew his signature from the petition. Olive Jones, 5632 Alessandro, inquired whether it would be necessary to remove trees. City Manager Koski advised survey has not been completed, but it is always Council policy to save trees whenever possible. Nick Gladis, 5622 Alessandro, stated his concern with the circulator's estimate and the City's estimate being higher, and requested there be established a limit the property owners will be required to pay. Lyle Mason, 5510 Alessandro, withdrew his signature from the petition stating curb and gutter does not allow additional walking space for children and they would still have to go around parked vehicles; and cited the fact they have very good drainage at the present time. Paul Scholer, 5530 Alessandro, stated he is aware of a project the County is completing at this time for which the property owner is being assessed $2.50 per foot plus 50 per foot for driveway approaches, and requested City Council put a limit on the assessment to the property owner. Robert Walter, 5608 Alessandro, stated he would like to put in a concrete driveway if that were possible, and was advised that in the past private parties have contracted with the contractor for work at the same unit price bid on the project. Gilbert Bryan, 5525 Alessandro, stated his driveway is 18 -20 feet wide and inquired whether the apron would match, and was advised if the driveway is a legal driveway, the apron would be built to accommodate the driveway, and stated he is very much in favor of the project. Johanna Blackburn, 5546 Alessandro, stated the proposed curb and gutter has been considered before and turned down and the cost has increased since that time. She understands the financial problems, however within the next few years the cost will be higher; that curb and gutter will improve the looks of the street and property owners will be able to landscape and improve the appearance of their properties; that Alessandro between Live Oak and Broadway is the only block on Alessandro without curb and gutter which makes her feel she's not a part of Temple City. There being no one else come forward, Councilman Dennis moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins moved to approve the filing of Categorical Exemp- tion of Environmental Impact, seconded by Councilman Greenberg and carried. Mayor Merritt stated the policy of 50C rebate on assessments paid within 5 days has not been re- evaluated in recent years and he feels Council should make some allowance which would alleviate some of the cost of this project. In answer to question by Councilman Greenberg, City Manager Koski advised that originally the 50 rebate amounted to 25% of the assessment; that has never been adjusted and at this time it repre- sents 12% of the estimated cost of $6 per lineal foot. Councilman Dennis stated 25/ of the estimated cost for the project in question would bring the cost to $4.50 per lineal foot for curb and gutter and Council may wish to consider setting a limit of $4.50 per unit cost for the project. He feels there is no alternative but to guarantee some maximum fixed cost. Council Minutes, January 17, 1978 - Page 4 Councilman Atkins felt it would be fair to readjust the rebate for those property owners who pay their assisessment within 5 days. Councilman Greenberg moved to approve the project and instruct the Superintendent of Streets to cause the work to be accomplished, to establish a $6 limit per lineal foot for the curb and gutter costs, $1.50 per square foot for driveway approaches, and to adopt a policy to rebate 25°/ to those property owners who pay their full assessment within 5 days following the hearing confirming assess- ments, and to amend the fiscal year 1977 -78 budget to include funds for the project, seconded by Councilman Atkins and carried, with Councilman Tyrell, who arrived during the testimony, abstaining: 8 PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS, HALIFAX STREET, FREER TO KEY WEST, EAST SIDE ONLY (Curb, gutter and driveway approaches pursuant to Chapter 27, Streets and Highways Code) City Manager Koski presented background information stating the City Council, at their regular meeting held January 3, 1978, received petitions for the installation of curb, gutter and driveway approaches from property owners on the east side of Halifax from Freer Street to Key West, representing 71% of the front footage of the block. The project comes under a Categorical Exemption as defined under the Environmental Quality Act of 1970 as amended. City's share of the construction is estimated to be $23,601, property owners' share is estimated to be $9,773; property owners were notified of their estimated costs based on $6 per lineal foot for curb and gutter and $1.50 per square foot for driveway approaches. The subject project will be included in one bid-package with Alessandro Avenue and Camino Real project with the same bidding situation. Mayor Merritt declared the public hearing open and invited those wishing to speak to come forward. Bernise Johnson, 5218 Halifax, inquired whether a driveway approach could be constructed for their 25 foot driveway. City Manager Koski advised that presuming a legal driveway exists, the apron can be constructed to that width. John Bergstrom, 5228 Halifax, inquired how the estimated cost was calculated. City Manager Koski advised the total width of the pro- perty is included to calculate the cost for curb and gutter, and then the square footage is calculated separately for the driveway apron. Ivan Scheer, 5244 Halifax, stated he had not seen the petition which was circulated, expressing dissatisfaction with the way petitions are circulated because he did not have an opportunity to work toward defeating it. James Kent, 5122 Halifax, stated he had circulated the petition, had made an attempt to see Mr. Scheer and when he was unsuccessful, had not pursued the matter. Mr. Kent stated this project was turned down several years ago when the cost was between $3 and $4 per foot, the estimate late in 1977 was $5.75 which has already escalated to S6, and next year it will be another dollar higher and the project will never get done. He said the project limits is one of the few areas in Temple City which does not have curb and gutter which causes a hazardous situation for parking as there is no definitive parking area; it is impossible to landscape or to even mow the front lawn; the street sweeper is useless in the general area; and the lack of curb and gutter encourages bicycle and motorcyclists to cut across his lawn creating a hazard. Mr. Kent advised if curb and gutter is not approved at this time, he will support another petition next year. Hector Seguin, 5012 Halifax, stated he would like to widen his 14 foot driveway to a double driveway, and was advised he could adjust the width of his driveway if he would advise staff prior to commencement of the work. In answer to a question from Mrs. Nowell, 5236 Halifax, City Manager Koski advised the City would provide hackfill from the curb to the property line. 1 Council MinuLe s , January.; There being no one else come forward, Councilman Greenberg moved to close the public hearing, seconded by Councilman Tyrell and carried. Councilman Greenberg moved to certify the Categorical Exemption of Environmental Impact, 'seconded by Councilman Atkins and carried. Councilman Atkins moved to approve the project and instruct the Superintendent of Streets to cause the work to be accomplished, to establish a $6 limit per lineal foot for the curb and gutter costs, $1.50 per square foot for driveway approaches, and to adopt a policy to rebate 25% to those property owners who pay their full assessment within 5 days following the hearing confirming assessments, and to amend the fiscal year 1977 -78 budget to include funds for the project, seconded by Councilman Greenberg and carried. 9. ORDINANCE NO. 78 -456: RELATING TO INFRACTIONS City Attorney Martin presented proposed ordinance prepared pursuant to Council discussion at their Study Session held January 16, 1978 and introduced Ordinance No.78 -456 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW SECTION 1200A TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO INFRACTIONS for first reading by . title only.. Councilman Tyrell moved to waive further reading, seconded by Councilman Atkins and carried. 10. .JOINT POWER INSURANCE AUTHORITY: City Manager Koski advised the City of Temple City joined the Joint Powers Insurance Agency at its inception and has supported the concept to date, and presented two resolutions, one to allow the JPA Board °of - Directors. to determine the method of deposit premium for the first year, and two, . commiting the City to proceed with the JPA contingent upon 30 cities joining. Councilman Dennis moved to adopt Resolution No. 78 -1701 AMENDMENT TO JOINT POWERS AGREEMENT: CREATING THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, and Resolution No. 78 -1702, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONSENTING CONDITIONALLY TO ENTER THE JOINT PROTECTION PROGRAM OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY,. seconded by Councilman Atkins and carried. Councilman Tyrell expressed some concerns relating to the Joint Powers Insurance Authority, in that the time limit presupposes that the City will continue for a minimum of . three years which will tie up financial responsibility for possibly eight years, and also that once having joined other cities may pull out; and that the city has no control. It is his feeling the Joint Powers is not without hazards. NEW BUSINESS: 1 11. 1977 EDITION OF THE BUILDING, MECHANICAL, PLUMBING, AND ELECTRICAL CODES City Manager Koski presented background information stating the Los Angeles County Board of Supervisors adopted the 1977 Los Angeles County Building. Laws which became effective August 25, 1977, and that drafts of adopting ordinances and three copies of the Los Angeles Building Laws have been delivered to the City for processing. City Attorney Martin advised placing Ordinances Nos. 78 -457, 78 -458, 78 -459 and 78 -460 relating.to building, mechanical, plumbing, and electrical codes respectively on first reading and set public hearing February 7, 1978. City Attorney Martin presented subject ordinances as follows: ORDINANCE NO. 78 -457 AN ORDINANCE AMENDING ORDINANCE N0.75 -410 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE AND AMENDMENTS AS IN THE 1977 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC. FOR AND INSTEAD OF THE PRESENT BUILDING CODE AND MAKING OTHER Council Minutes, January 17, 1978 - Page 6 AMENDMENTS: ORDINANCE NO. 78 -458 AN ORDINANCE AMENDING ORDINANCE NO. 75 -411 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY MECHANICAL CODE AS CONTAINED IN THE 1977 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC. AND INCLUDING THE APPENDIX THERETO AND MAKING OTHER AMENDMENTS: ORDINANCE NO. 78 -459 AN ORDINANCE AMENDING ORDINANCE NO. 75 -413 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY PLUMBING CODE AND AMENDMENTS AS CONTAINED IN THE 1977 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC. AND INCLUDING APPENDICES A, B, C, G AND I AND MAKING OTHER AMENDMENTS: and ORDINANCE NO. 78 -460 AN ORDINANCE AMENDING ORDINANCE NO. 75 -412 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE LOS ANGELES COUNTY ORDINANCE NO. 11558, for first reading by title only. Councilman Tyrell moved to waive further reading and set public hearing February 7, 1978, seconded by Councilman Dennis and carried. 12 RESOLUTION NO. 78 -1706: WARRANTS & DEMANDS, DEMAND NOS. 8356 THRU 8474 IN THE AMOUNT OF $85,000.06 Councilman Tyrell moved to adopt Resolution No. 78 -1706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $85,000.06, DEMAND NOS. 8356 THRU 8474, seconded by Councilman Greenberg and carried. 13 COMMUNICATIONS: A. 34th Annual Camellia Festival Committee: Request to use Facilities February 24 -26, 1978 City Manager Koski presented a request from Larry Burns, Chairman of the 34th Annual Camellia Festival, for use of bleachers, light standards for hanging banners, street parking ban as needed, use of Temple City Park, all as set forth in their letter dated January 12, 1978. Councilman Dennis moved to approve, subject to necessary permits, legal requirements and certificate of insurance, seconded by Councilman Tyrell and carried. B. Appeal of Traffic Commission decision re: Overnight Parking Perm , Patricia Elam, 9555 Woodruff Avenue City Manager Koski presented appeal to Traffic Commission denial for overnight parking permit from Mrs. Patricia Elam, 955 Woodruff Avenue, stating the Commission based their decision on the availa- bility of parking within 400 feet of her residence in the public parking lot on Primrose Avenue. Mrs. Elam, 9555 Woodruff, advised she works at night coming home from 11 p.m. to 1 a.m. and is afraid to walk alone from the public parking lot to her apartment at that hour. Councilman Greenberg stated a woman should not be expected to walk that distance alone at night and because of the potential danger, moved to grant the appeal, seconded by Councilman Dennis and carried. C. Appeal of Traffic Commission decision re: Overnight Parking Permit, Harry Van Bibber, 10249 Randwick City Manager Koski presented appeal to Traffic Commission denial for overnight parking permit from Mr. Harry Van Bibber, 10249 Randwick, stating the Commission based their decision on the fact the applican uses his garage entirely for storage of material. Mr. Van Bibber not being present to offer testimony on his behalf, Councilman Atkins moved to deny the appeal on the basis the applicant has reasonable alternative, seconded by Councilman Dennis and carried. D. Campus Life - Request to identify Community Project for Workathon City Manager Koski presented communication from Campus Life, an off - campus club consisting of Temple City High School students, requesting the City identify projects for which the group can offer voluntary help as a fund raiser February 18, 20 and 25. Donations will be made by friends of the students involved in the Workathon on a sponsorship basis, similar to the walk -a -thons or hike rides. 1 Council Minutes, January 17, 1978 -.Page 7 Council directed staff to identify some projects, either helping the general public or private parties,, such as senior citizens, to consider as a recommendation to the group. 14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: There was no one to come forward. RECESS TO CRA: The City Council recessed at 9:2.4 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held January 3, 1973; approved a request from EGS for extension of time for the completion of improvements on Parcel B -1(c); and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 15. ACTION ON REQUEST BY CRA: There was no action to be taken. 16. MATTERS FROM CITY OFFICIALS: A. Request to Attend California Park & Recreation Society Conference, February 25 -27, 1978, Fresno City Manager Koski presented a request from Parks and Recreation Commission Chairman Adams to attend the Annual California Park and Recreation Society Conference to be held in Fresno February 25 -27. Councilman Tyrell moved to approve request for Chairman Adams to attend subject conference to include necessary expenses not to exceed $279, seconded by Councilman Atkins and carried. B. Recommendation from Planning Commission - Meeting of January 10, 197E Amendment to Temple City Zoning Code relating to number of Pets in R -Zones City Manager Koski presented background information stating the Planning Commission, at their regular meeting held January 10, 1978, adopted a resolution recommending an amendment to the Temple City Zoning Code relating to the permitted number of household pets on residentially zoned properties. Councilman Tyrell moved to defer the matter to a future Study Session, seconded by Councilman Atkins and carried. C. Personnel CETA TITLE VI Contract City Manager Koski advised that as of January 1, 1978, the City has an unexpended surplus of $7,478; staff has identified the need for a Senior Recreation Leader in the Parks and Recreation Department to provide additional support for department programs and activities. Councilman Tyrell moved to authorize the City to recruit for the additional proposed position and to amend the CETA Title VI contract, seconded by Councilman Atkins and carried. D. League of California Cities Planning Commissioners' Institute February 1 -3, Oakland City Manager Koski presented request from Commissioner Abraham to attend subject conference to be held in Oakland, February 1 -3, $260 having been budgeted in the 1977 -78 FY budget. Councilman Tyrell moved to approve request for Commissioner Abraham to attend Planning Commissioner's Institute to include necessary expenses not to exceed $260, seconded by Councilman Atkins and carried. Council Minutes, January 17, 1978 - Page 8 E. EDA Sidewalk Project - Cash Contract 1225X: Approve and Authorize Additional Work City Manager Koski presented letter from Superintendent of Streets Morhar, recommending approval and authorization for additional work performed under the contract. Councilman Greenberg moved to find the extra work has no significant effect on the environment and to approve and authorize additional work in the amount of $7,250., seconded by Councilman Tyrell and carried. F. City Council received copy of Los Angeles County ordinance relating to Bingo and directed City Attorney to prepare a proposed ordinance to be brought back for Council review at their regular meeting to be held February 7, 1978. G. City Manager Koski presented a letter from Allen Grogan, Chairman of the Temple City Communication Committee, formerly the Community Communications Council Coordinating Committee, requesting staff support in the form of occasional typing, duplicating, and mailing. Councilman Tyrell moved to approve request for support through June 30, 1978, seconded by Councilman Greenberg and carried. H. Council directed staff to prepare a letter to City's repre- sentatives in the State Senate and Assembly to go out over the signature of the Mayor expressing concern as to the impact on local area if the proposed Clean Air Act amendments are implemented. I. On motion by Councilman Dennis, seconded by Councilman Tyrell, Council approved a salary adjustment commensurate with reassignment of responsibilities for Administrative Assistant; and authorized the use of City vehicle on a 24 -hour basis by Maintenance Super- intendent to facilitate emergency response. J. Mayor Merritt and Councilmen Atkins and Greenberg announced their intention to run for re- election at the General Municipal Election to be held April 11, 1978. 17. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Atkins, meeting adjourned at 9:52 p.m. Next regular meeting of the City Council will be held Tuesday, February 7, 1978, 7:30 p.m. in the Council Chamber of the City Hall. 6-L-c -tom 4-d / f MAYOR. ATTEST: C of Deputy City Clerk