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HomeMy Public PortalAboutCity Council_Minutes_1978-07-18_Regular 1978INITIATION: 1 1. CALL TO ORDER: 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JULY 18, 1978 Mayor Tyrell called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, July 18, 1978, in the Council Chamber of the City Hall. 2. INVOCATION: 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 Tyrell. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragicevich, Parks and Recreation Director Kobett, Traffic Engineer Envall, Steve Johnston, Temple City Times 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of the City Council held June 20, 1978, as written, seconded by Councilman Atkins and carried. At this time, Mayor Tyrell introduced Larry K. Reed, newly appointed Traffic Commissioner to Council and the audience. City Clerk Koski administered the Oath of Office. 6. CONSENT CALENDAR: On motion by Councilman Atkins, seconded by Councilman Gillanders, Items A through E were approved as.recommended. A. RESOLUTION NO. 78 -1742: SALARY SCHEDULE AND PAY PLAN Adopted Resolution No. 78 -1742 A RESOLUTION OF THE CITY CODUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A SALARY SCHEDULE AND PAY PLAN. B. RESOLUTION NO. 78 -1743: SALARY SCHEDULE AND PAY PLAN FOR CETA EMPLOYEES Adopted Resolution No. 78 -1743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A SALARY SCHEDULE AND PAY PLAN FOR CETA EMPLOYEES. C. RESOLUTION NO. 78 -1744: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 78 -1745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. D. RESOLUTION NO. 78 -1745: WARRANTS & DEMANDS Adopted Resolution No. 73 -1745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMAND S. IN THE SUM OF $147,559.74, DEMAND NOS. 9776 THRU 10001. E. FIREWORKS STANDS 1978 - REFUND Authorized refunds to 14 organizntion s who hod permits to sell. Fireworks. PUBLICHEARING: AMENDMENT TO SECTION 02.01 RE: PARKING REQUIREMENTS FOR CONDOMINIUMS AND CERTAIN.CO1t ERCIAL USES City Manager Koski presented: background information, stating the Planning Commission, at their regular meeting held May 23, 1978, resolution recommending amendments to Section 9291 of the Code; one, to increase required parking space to 250 sq. ft. of-floor area for commercial uses which include banks, professional stores,'; furniture stores, service uses, etc., and the second, to increase extra parking spaces to one additional park- ing s pace for each two units for condominium projects. The Chamber of Commerce has indicated their approval of the increased parking requirements; the proposed amendment is categorically exempt from the requirements of the California Environmental Quality Act of 1970; City Council, at their regular meeting held June 6, 1978 set public hearing for July 18, 1978. There being no other staff report, Mayor Tyrell declared the public hearing open. No one came forward to speak to the issue, and Councilman Dennis moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Atkins moved to certify the Categorical Exemption of Environmental Impact Report, seconded by Councilman Gillanders and carried. City Attorney Martin introduced Ordinance No. 78 -467 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 9291 OF THE TEMPLE CITY ZONING' CODE for first reading by title only Councilman Merritt moved to waive further reading, seconded by Councilman Atkins and Carried. PUBLIC HEARING: ASSESSMENT FOR STREET IMPROVEMENTS - FARAGO AVENUE, 5300 BLOCK`. (INSTALLATION OF -TWO 7,000 LUMEN LIGHTS) City 'Manager Koski presented background information, stating the City Council, at their regular meeting held June. 20, 1978, accepted the'; installation of two 7,000 lumen lights on existing wood poles Avenue in the 5300.,block, and set public hearing for July 18, 1978, to approve the assessments to property owners. The total assessment for energy is $154.90 which will provide for energy until the area is . annexed to Zone A of the Lighting District;; divided equally among the 15 property owners amounts to $10.33 for property; the property owners have been notified of the public hearing Mayor Tyrell declared the "public hearing open. There being no one come forward to speak, . Councilman:Atkins moved to close the public hearing, .seconded by Councilman Merritt and Councilman Dennis stated lighting' districts may be faced with a shortage because of Proposition 13. and felt the Council' shouldpursue some other alternative for funding property related, benefits a.t this. 'time Mayor. Tyrell'stated the Council will have to consider the entire: lighting district as a whole, he`does not feel one street can be treated any differently than other property owners in the City. ouncirlmanAtkins moved to approve the assessments as set •forth in. staff memo dated July .12,1978, and direct the Superintendent of Streets . to notify the affected property owners, seconded by Council- man Merritt and carried. REQUEST TO MAINTAIN OVER TWELVE RACING PIGEONS - 4946 N. Helen City Manager Koski presented background information, stating pursuant to Section 9331 of the Temple City Zoning Code, Mr. Harry Mycroft of 4946 N. Heleo Avenue is requesting permission to maintain more than twelve birds on his propertyy; a complaint received at City 14a11 that the birds create a nuisance to the immediate neighbors resulted in a letter requesting the owner to reduce the number of birds to 12 and the owner has elected to.apply for a special permit.. Staff inspection of the property reveals the owner maintains two large . lofts,; one 5 ft. x 20 ft.; the other 8 ft. x 14 ft.; and one small 1 Council Minutes, July 18, 1978 - Page 3 loft, 5 ft. x 5 ft. housing -a total of 60 breeding and .flying pigeons; the lofts are maintained in acceptable sanitary conditions. Thirty -seven residents have signed a petition in favor of the proposed aviary; City Council, at their regular meeting held June 20, 1978 set this matter for consideration July 18, 1978. In answer to Mayor Tyrell's question as to criteria for acceptable sanitary conditions, Planning Director Dragicevich advised permits are granted under established criteria under Ordinance No. 69 -293 and Development Standards for Structures Housing Birds. Mr. Arthur Hees, personal friend speaking on behalf of Mr. Mycroft, advised Mr. Mycroft has been raising and maintaining his birds as an established hobby over the past 20 years at this location; to raise racing pigeons they must be in perfect health and maintained under strict sanitary conditions. In answer to Council questions regarding the conditions set forth in staff memo, Mr. Hees advised Mr. Mycroft can maintain only 50 birds, would demolish the 5 ft. x 5 ft. loft, and further volunteered the information that Mr. Mycroft has been a member of a national organization raising racing pigeons for a number of years. Mrs. Carol Morency, 4936 Heleo, stated she lives in the middle house on property immediately south of Mr. Mycroft; that when the birds are released they fly immediately over her house and patio; that when the Animal Control Officer checked there were 96 birds and they are becoming a big nuisance and because of their droppings they are unable to enjoy an outdoor cookout during the summer. Mrs. Morency further stated that the birds barely clear the fence, and have, on occasion gone into her garage. Betty Jacklyn, 5006 Heleo, stated she has never had any problems with Mr. Mycroft's keep pigeons on his property. David Straton, 5010 Heleo, stated he has lived at his residence for 27 years and has never experienced any nuisance from the pigeons; that they fly at approximately 150 ft. Gail Rinehart, 5006 Heleo, stated she has had no problem from the maintaining of pigeons; that she has barbeques and experiences no mess, no smell, and no noise. Mrs. Mycroft, 4946 Heleo, stated her clothes line is directly behind her garage and she has never had a problem; that she does not want to create a problem for her neighbors, but in all the time they have been flying the birds, she has never seen them land on any roof; the Health Inspector came in October, 1977 when they had 96 birds and have stated the lofts are in fine condition; that she has a classic car in the back yard which has not been washed recently and there are no droppings on it. Harry A. Mycroft, 4922 Heleo, stated that the pigeons have to fly on the high side and always clear the power lines. He also advised the birds are trained not to land while out of the loft. Mr. Hees, . in answer to questions from Council, advised pigeons have a tendency to create droppings while they are in a roosting position; it is unlikely they will fly into any building and the possibility the pigeons have miscalculated are slim; that the lofts can be relocated so that they will not fly over Mrs. Morency's home and that the best would be facing east. John Green, 5003 Cloverlv, stated he has lived at his residence for 31 years; has never seen a pigeon land, and if they want to turn the lofts so that they fly over his house, they are welcome to do so. Councilman Gillanders moved to approve request to maintain an aviary with a total number of birds not to exceed 60, subject to conditions set forth in staff memo dated July 13, 1978 and that the lofts be relocated to face east, to he accomplished within 30 days, with Council review in 60 clays, seconded by Councilman Atkins and carried. Council Minutes, July 13, 1978 - Page 4 10. ORDINANCE NO. 73 -465: 2nd read. ADOPTING COUNTY FIRE CODE BY REFERENCE City Attorney Martin presented Ordinance No. 78 -465 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING ORDINANCE NO. 71 -330 BY ADOPTING ORDINANCE NO. 11556 OF THE COUNTY OF LOS ANGELES BY REFERENCE for second reading by title only. Councilman Atkins moved to waive further reading and adopt, seconded by Councilman Gillanders and carried. 11. ORDINANCE NO. 78 -466: 2nd read. RELATING TO NUMBER OF DOMESTIC ANIMALS IN R -ZONES City Manager Koski advised City Council held public hearing June 20, 1978 relating to subject amendment, introduced Ordinance No. 78 -466 for first reading and referred it to the Planning Commission for their review prior to second reading and adoption. Planning Commission, at their regular meeting held June 27, 1978, by a vote of 3 to 1, concurred with the City Council resolution. Councilman Merritt stated he could not approve the ordinance as written, stating he does not approve the limitation being per unit; he feels if there is multiple units on a property and the number of allowable pets is not used, then any one unit on the property may maintain up to the limitation for that zone. Councilman Dennis requested the language be cleaned up to be con- sistent throughout the ordinance, there being some sections referring to household and some to dwelling units. Councilman Dennis moved to waive further reading, seconded by Gillanders and carried. Councilman Dennis moved to adopt Ordinance No. 78 -466, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Tyrell. NOES: Councilmen- Merritt At this time Marianne Milch, Executive Secretary to the Temple City Chamber of Commerce introduced Miss Melissa Wood, 1978 -79 Miss Temple City, who stated she will be attending Pasadena City College in the fall majoring in a legal secretarial course with a view of possibly becoming a para -legal Marianne Milch also introduced Miss Peggy Towne, area representative covering Temple City for Southern California Edison, who stated she is looking forward be being of assistance to the City. NEW BUSINESS: 12. RECOMMENDATION FROM PARKING COMMISSION - Meeting of June 21, 1978 IDENTIFY RAMP AS LOADING ZONE, 9565 LAS TUNAS DRIVE City Manager Koski presented background information, stating the Parking Commission, at their regular meeting held June 21, 1978, reviewed request for identifying the ramp in the mall behind Lieberg's as a loading zone and it was their consensus the marking of the ramp was justified in that it is for loading and unloading purposes and would preclude any misunderstanding as to its intended use, and recommended to City Council the ramp be painted yellow to identify it as a loading zone. Councilman Atkins moved to approve, seconded by Councilman Gillanders and carried. 13 RECOMMENDATIONS FROM TRAFFIC COT'IISSION - Meeting of July 5, 1978 A. TRAFFIC ENGINEERING SURVEYS RE: SECTION 40802, VEHICLE CODE City Manager Koski presented background information, stating pursuant to Section. 40802 of the California Vehicle 'ode, an engineering and traffic survey must be tal :en every five years where enforcement of speed limits involves the use of radar.. Certain streets were pre- sented and approved by City Council at their regular meeting held June 20, 1973. Traffic Commission has reviewed the Traffic. Engineer's Council Minutes, July 18, •1978 - Page 5 findings and recommendations, based on accident statistics, existing speed, changes in condition of the streets and recom- mends approval by City Council for speed limits on certain streets as set forth in memo dated July 7, 1978 and on file in the City Clerk's office. In answer to Councilman Atkins's concern regarding increasing the speed limit on Santa Anita Avenue from 35 mph to 40 mph, City Manager Koski advised Santa Anita is an 80 ft. wide roadway with planted median, four marked travel lanes and pocket provisions for turning. Councilman Dennis stated he does not feel 40 mph is unreasonable for that street. Councilman Gillanders moved to approve the speed limits as recom- mended, seconded by Councilman Merritt and carried. Richard Williams, 5332 El Monte Avenue, expressed his concern for the increase to 40 mph on El Monte Avenue approved by Council at their regular meeting held June 20, stating the street is like a race track, the stop sign at Freer is ignored, there are many children playing in the street. Councilman Gillanders advised the City is required to provide engineering surveys, based on available information, in order to utilize radar. Traffic Engineer Envall stated at the time he performed his engineering survey he was going on the assumption El Monte was a 60 ft. wide street, when in fact it is 56 ft. wide; however, merely raising the speed limit does not change the pattern of traffic. He advised he would review his recommendation to Traffic Commission for their reconsideration. City Council continued consideration of speed limit on El Monte Avenue to their regular meeting to be held August 1 and requested additional enforcement. B. SANTA ANITA CONVALESCENT HOSPITAL - Passenger Loading Zone City Manager Koski presented background information, stating the Traffic Commission, at their regular meeting held July 5, 1978, considered request from Santa Anita Convalescent Hospital for a passenger loading zone on the east side of Gracewood Avenue adjacent to the newly constructed wheelchair ramp. Commission expressed con- cern regarding elimination of on- street parking, and recommended to City Council reducing the existing passenger loading zone in front of the main entrance to the hospital to provide one on- street parking space and add a passenger loading zone adjacent to the wheelchair ramp. Councilman Gillanders moved to approve Traffic Commission recom- mendation, seconded by Mayor Tyrell and carried. 14. RECOI'IMENDATION FROM PLANNING COMMISSION - Meeting of July 11, 1978 SET PUBLIC HEARING: TENTATIVE TRACT NO. 35012 AND ZONE VARIANCE 78 -525; 9807 -9823 E. OLIVE STREET City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held July 11, 1978, by a vote of 3 to 2, adopted resolution recommending approval of Zone Variance 78 -525 and Tentative Tract No. 35012 for proposed subdivision consisting of 18 lots with a street frontage from 55 to 65 ft. If the City Council wishes to review the zone variance with the Tentative Tract, Council may wish to appeal the zone variance pursuant to Section 9210 of the Temple City Zoning Code. Councilman Atkins moved to appeal Zone VAriance No. 73 -525, seconded by Councilman Gillanders and carried.. Councilman Gillanders moved to set public hearing on the appeal and Tentative Tract No. 35012 August 1, 1978, seconded by Councilman Dennis and carried. Council Minutes, July 13, 1978 - Page 6 15.. RENEWAL OF AGREEMENT: TEMPLE CITY CHAMBER OF COMMERCE Councilman Atkins moved to approve renewal of agreement between City and Chamber of Commerce for a one -year period beginning July 1, 1978, and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 16. RENEWAL OF AGREEMENT: PUBLIC RELATIONS COORDINATOR Councilman Atkins moved to approve renewal of agreemen t between City and Patti Bates, Public Relations Coordinator for a one -year period beginning July 1, 1978, and authorize the Mayor and City Clerk to sign, seconded by Councilman Gillanders and carried. 17. COMMUNICATIONS: A. Registrar /Recorder - Request to use City Hall as Check -In Center, General Election, November 7 Councilman Atkins moved to approve request from Registrar /Recorder to use City Hall as a Check -In Center for the General Election to be held November 7, 1978, as a public service, seconded by Mayor Tyrell and carried. 18. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: City Council recessed at 9:20 p.m. to meet as the Community Redevelopment Agency, all members being present, approved the minutes of the regular • meeting held June 20, 1978 and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. II RECONVENE AS CITY COUNCIL: 19. ACTION ON REQUEST BY CRA: There was no action to be taken. 20. MATTERS FROM CrTY OFFICIALS: A. Resolution No. 78 -1736 Adopting Budget City Manager Koski advised that the resolution adopting City Budget for .FY 1978 -79 has been revised in the amount of $900 due to an administrative error which did not include an increase in mileage for Department Heads. Councilman Atkins moved to confirm the adoption of Resolution No. 78 -1736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1978 -79, seconded by Councilman Gillanders and carried. B. Resolution No. 78 -1746: Establishing a Petty Cash Fund of $350.00 Councilman Merritt moved to adopt Resolution No. 78 -1746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A PETTY CASH FUND OF $350.00, seconded by Councilman Atkins and carried. C. Fireworks Stands - 1978 City Council received and referred to a future study session report from the Sheriff's Department regarding the conduct of sales at certain stands in violation of the Municipal Code. D. Request to Paint House Numbers on Curbs City Manager Koski presented a request from Brad ?ock, 9933 Broadway, for a permit: to paint house numbers on curbs . By policy the City Council Minutes, July 18, 1978 - Page 7 Council has required a permit for this activity, as well as following certain procedures. Councilman Merritt moved to approve request subject to the required procedures and authorize a fee not to exceed $2 for such service, seconded by Councilman Atkins and carried. E. Councilman Merritt requested the parking conjestion on Alessandro. Avenue, north of Las Tunas Drive, resulting in blockage of private driveways and inefficient use of available on- street parking, be reviewed with the possibility of providing parking stalls and red curb markings adjacent to the driveway approaches. City Council directed the matter be referred to the Traffic Commission for their review and recommendation. F. Councilman Gillanders expressed his appreciation to George Koumachian and staff for taking his house guest, a student teacher from Mexico, on a tour of the City Hall. G. Mayor Tyrell stated he would report on his discussion regarding a juvenile diversion project at the next City Council meeting to be held August 1, 1978. H. Councilman Gillanders directed Council's attention to request from Al Grogan, Chairman of Temple City Communication Committee, for secretarial assistance through June 30, 1979. Councilman Gillanders moved to approve request for secretarial assistance through December 1978, seconded by Mayor Tyrell and carried. 21 ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Gillanders, meeting adjourned at 9:30 p.m. Next regular meeting of the City Council will be held Tuesday, August 1, 1978, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Ch of Deputy City Clerk