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HomeMy Public PortalAboutCity Council_Minutes_1978-09-19_Regular 1978CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 19, 1978 INITIATION: 1. CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:27 p.m. on Tuesday, September 19, 1978, in the Council Chamber of the City Hall. 2. INVOCATION: The invocation was Nazarene, 9953 Las given by Reverend Tunas Drive. 3. The Pledge of Allegiance 4. ROLL CALL; Present: Absent: Also Present: to the Flag Norlyn Brough, Church of the was led by Mayor Tyrell. Councilmen - Atkins, Dennis, Gillanders, Merritt, Tyrell Councilmen -None City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragicevich, Parks & Recreation Director Kobett 5 APPROVAL OF MINUTES; Councilman Dennis moved to approve the minutes of the regular meeting of the City Council held September 5, 1978, as written, seconded by Councilman Atkins and carried. 6 CONSENT CALENDAR: Item A was removed from the Consent Calendar. On motion by Council- man Atkins, seconded by Councilman Gillanders Items B through F were approved as recommended. B, FINAL MAP APPROVAL - TRACT 31952: 5611 -5617 Sultana Avenue Approved Final Tract Map No, 31952 and instructed the City Clerk to endorse the face of the map, C. RENEWAL OF AGREEMENT; STUDENT AND THE LAW BETWEEN CITY AND TEMPLE CITY UNIFIED SCHOOL DISTRICT /ST, LUKE'S SCHOOL /LUTHERAN SCHOOL Approved renewal of agreements and authorized the Mayor and City Clerk to sign, D. RESOLUTION N0, 78- 1756: ADOPTING 1978 SUPPLEMENT TO PUBLIC WORKS SPECIFICATIONS Adopted Resolution No. 78 -1756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING 1978 SUPPLEMENT TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1976 EDITION. E. RESOLUTION NO. 78- 1757: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 78 -1757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. F. RESOLUTION NO, 78 -1758: WARRANTS & DEMANDS Adopted Resolution No. 78 -1758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $185,829.52, DEMAND NOS, 10375 THRU 10470. Council Minutes, September 19, 1978 - Page 2 Consent Calendar Item A: Mayor Tyrell stated the request was for partial payment of the contract in the amount of $84,456 which represents 80% of the project and he feels that several conditions should be met prior to approving the payments; 1) fencing be installed to secure the courts, and 2) the City secure release of liens from any sub- contractors and suppliers. Parks and Recreation Director Kobett advised he has requested the appropriate release of liens, however they have not as yet been received. Council felt the conditions were valid and Councilman Atkins moved to approve partial payment to Pacific Tennis Courts, Inc. in the amount of $84,456, the check to be withheld until the fencing is installed to secure the tennis courts and receipt of release of liens from suppliers and/or sub - contractors, seconded by Councilman Gillanders and carried. UNFINISHED BUSINESS: 7. PUBLIC HEARING: 7:30 p.m. ASSESSMENTS FOR STREET IMPROVEMENTS - CAMINO REAL ET AL City Manager Koski presented background information stating the City Council at their regular meeting held August 1, 1978, accepted the work completed under the contract with West Coast Paving for improvements on Camino Real, north side, Brentmead to Temple City Boulevard; Alessandro, Live Oak to Broadway; Halifax Road, east side, Key West to Freer; and Freer Street, south side, from Halifax Road to 180' easterly and set public hearing September 19, 1978 for the purpose of approving the proposed assessments for each property within the project limits. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. Bill Agajanian, 5522 Alessandro Avenue, inquired about the period of time the 25% will be applicable and was advised the 5 days would begin from the time the Notices of Assessments were mailed and that they would be sent out the following day. There being no one else come forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Gillanders and carried. Councilman Dennis moved to approve the assessments as set forth in memo dated September 11, 1978 and on file in the City Clerk's office, and direct the properties be so assessed, seconded by Councilman Atkins and carried. 8. PUBLIC HEARING: 7:30 p.m. TENTATIVE TRACT 35397, 5607 WELLAND AVENUE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held August 22, 1978, adopted resolution recommending approval of Tentative Tract 35397; subject site has a total area of 19,003 sq. ft. with a 71 ft. street frontage; a five unit condominium development is proposed, with two structures containing two units and the third containing one unit; each unit will be two -story and will have an attached two -car garage An additional three open parking spaces are provided. A Negative Declaration has been filed pursuant to the California Environmental Quality Act of 1970, as amended. City Council set public hearing on this matter for this evening. In answer to questions from Council, Planning Director Dragicevich advised the density conforms with the General Plan for R -2 zoning and that the Conditions, Covenants and Restrictions will prohibit the use of the three open parking spaces for recreation vehicles. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. No one came forward and Council- man Merritt moved to close public hearing, seconded by Councilman Atkins and carried. Council Minutes, September 19, 1978 - Page 3 Councilman Atkins moved;;to,.certify, that the Negative Declaration of Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the state guide- lines and that the City Council has reviewed and considered the information contained in the report; and that any adverse environ- mental impact contained in the report is overruled and counter- balanced by economic and social needs, objectives and concerns in providing this community with private or public improvements of municipal import, seconded by Councilman Gillanders and carried. Councilman Atkins moved to approve Tentative Tract No. 35397 subject to all conditions set forth in Planning Commission Resolution No. 78- 812PC, seconded by Councilman Gillanders and carried. 9. STATUS REPORT - PERMIT TO MAINTAIN AVIARY: 4946 N. HELEO City Manager Koski advised the City Council, at their regular meeting held July 18, 1978, approved a request to maintain an aviary of more than 12 birds at 4946 N. Heleo, subject to the removal of the 5' x 5' loft, that the remaining lofts be relocated so that the structures face east and that the work be completed within 30 days, and continued the matter for 60 days. Inspection reveals the 5' x 5' loft has been removed and that only one of the remaining lofts has been relocated to face east. Mr. Mycroft has requested the other loft, which contains only breeders which are not raced, be allowed to remaining facing south. Harry Mycroft, 4946 N. Heleo, advised he wishes to maintain the breeding loft facing south for health reasons in that the loft facing east loses the sunrby 1:30 in the afternoon and is not conducive to breeding and detrimental to the birds' health. He has taken all traps out of the loft and installed partitions to show that no birds fly from that area. In answer to questions from Council, Mr. Mycroft stated the birds are beginning to break to the east thereby avoiding the house to the south; that he now has a flying team of 22 birds; that he plans to top the trees in his yard to allow the birds to fly east; and will plant trees along the south property line to deflect any birds flying to the south. Carol Morency, 4936 N. Heleo, stated the birds flying pattern has not changed appreciatively; most of the time the birds are lower than the telephone wires. She stated the birds are a public nuisance and does not feel the applicant should be allowed to maintain five times the number of birds allowed by ordinance. Councilman Atkins stated he feels the matter should be held open in that the applicant has attempted to alleviate the problem, but the neighbor is still experiencing some problem. He found no problem with the breeder loft remaining facing south. Councilman Gillanders felt the applicant has done everything Council requested; that one displeased neighbor does not constitute a public nuisance, and he personally would approve the applicant's request. Councilman Dennis, after inquiring as to how many times per day the birds race and being advised they fly approximately 45 minutes in the morning and 45 minutes in the afternoon, stated he feels Mr. Mycroft has done what he can to alleviate any problems and personally does not see any point to continuing the matter. He would approve request to keep the existing configuration of the lofts. Councilman Merritt felt the matter should be held open until the trees have been topped and suggested the applicant plant fast growing trees along his south property line. Mayor Tyrell felt the matter should be held open until the trees have been trimmed, and suggested Council members may wish to visit the site to view personally the flying pattern of the birds. He was in favor of holding the matter open. Council Minutes, September 19, 1978 - Page 4 Councilman Atkins moved to continue the matter for 90 days and instruct staff to prepare a status report for Council review, seconded by Councilman Merritt and unanimously carried on a roll call vote. 10. AGREEMENT BETWEEN TEMPLE CITY AND CITY OF ARCADIA - LIVE OAK AVENUE IMPROVEMENT PROJECT City Manager Koski presented agreement in its final form for the construction of improvements on Live Oak Avenue from Baldwin Avenue to the easterly city boundary which is a cooperative effort between the City and the City of Arcadia. City has budgeted $130,300 in the 1978 -79 budget for the project. Councilman Atkins moved to approve the cooperative agreement with the City of Arcadia and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. NEW BUSINESS: 11. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of September 6, 1978 ALESSANDRO AVENUE, WEST SIDE, LAS TUNAS DRIVE TO ALLEY - Two Hour Time Limit Parking City Manager Koski presented background information, stating the Traffic Commission considered recemmendation from the Traffic Engineer to place two hour parking signs on the west side of Alessandro Avenue from Las Tunas Drive to the alley. The purpose is to provide for customer turnover in a prime location which is beneficial to the adjacent merchants. The Traffic Commission recommends the installation of two hour time limit signs on the west side of Alessandro Avenue from Las Tunas Drive northerly to the alley, the signs to read "Two Hour Parking, 7 a.m.'to 6 p.m.,Sundays Excepted ". Councilman Merritt moved to approve Traffic Commission recommendatio seconded by Councilman Atkins and carried. Councilman Gillanders stated he had several calls from residents on Alessandro Avenue north of Las Tunas complaining the business people are parking all day in front of their residence and felt the Traffic Commission should review Alessandro and other similar streets where the same situation exists, It was the consensus of the Council Councilman Gillanders should write a memo to the Traffic Commission requesting such a study. 12. 1978 -79 STREET MAINTENANCE PROGRAM City Manager Koski advised the 1978 -79 Street Maintenance Program is scheduled to begin next month for Maintenance Area 6; Daines Drive, Gracewood to El Monte Avenue; Grand Avenue, El Monte Avenue to Santa Anita Avenue; Hermosa Drive, Rosemead Boulevard to Encinita Avenue; Reno Avenue, Longden Avenue to Las Tunas Drive; and Lemon Avenue, Oak Avenue to Temple City Boulevard. The Maintenance Superintendent for the County Road Department has recommended utilizing the chip seal method rather than slurry seal which will extend the life of the project by four or five years thereby lessening maintenance cost. There are some inconveniences which accompany the chip seal method; mainly, loose gravel and road noise. Councilman Merritt moved to approve staff recommendation set forth in memo dated September 12, 1978 and on file in the City Clerk's office, and authorize preparation of plans and specifications and solicitation of bids, seconded by Councilman Dennis and carried. 13. COMMUNICATIONS: A. TEMPLE CITY HOST LIONS AND CAMELLIA LIONS - Request for White Cane Days, October 6 & 7, 1978 City Manager Koski presented communications from Temple City Host Lions and Temple City Camellia Lions requesting permission to hang White Cane Days banner at the corner of Las Tunas Drive and Temple City Boulevard announcing White Cane Days. Councilman Atkins moved to approve the requests, subject to the necessary certificate of insurance, seconded by CounciarP.a. ?. -i l landers a. Ted carried. 1 Council Minutes, September 19, 1978 - Page 5 B. Registrar - Recorder re:- Request to`,conduct two polling places at Live Oak Park, November 7, 1978 Election City Manager Koski presented request from the Registrar- Recorder to conduct two polling precincts at Live Oak Park for the General Election to be held November 7, 1978. Councilman Atkins moved to approve as a public service, seconded by Councilman Gillanders and carried. C. Mayor Tyrell directed Council's attention to communication from Constitution Week Observance Committee that Sunday, September 17 will mark the 191st anniversary of the United State Constitution. Mayor Tyrell also advised he had communication from California Contract Cities Association about the Independent Cities of Los Angeles County Annual Seminar to be held at Catalina Island October 13 -15. Mayor Tyrell directed Council's attention to invitation to attend the Opening Ceremonies of Youth Soccer League to be held Thursday, September 21, Live Oak Park, 6:30 p. m. 14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Marianne Milch, Chamber of Commerce Manager, advised the Temple City Library will have a. display for Constitution Week. Ivan Scheer, 5244 Halifax, asked about. the patch on his street made by the water company and was advised the Street Department will repair the patch when, settlement is complete. Mr. Scheer also inquired whether the Elm tree in front of his home has a disease and if it would affect the Elm in his back yard. Mr. Scheer was advised the Elm trees are under investigation as to the problem afflicting the Elm trees in town. RECESS TO CRA: City Council recessed at 8 :35 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held September 5, 1978; approved signs for Alphy's Restaurant on parcel B- 1(c);approved-Annual Report pursuant to Government Code Section 33080. 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. Councilman Merritt requested staff contact the traffic division, Sheriff's Department, regarding the number of students congregating in the street at the high school and impeding traffic. B. Councilman Dennis advised he has been negotiating with El Monte School District regarding Student and the Law program at Cleminson School; that he will continue to •pursue possible funding. C. City Manager Koski directed Council's attention to report submitted by Commissioner Breazeal regarding the Preliminary Air Quality Management Plan Control Measures prepared by Southern California Association of Governments, advising that comments must be received by SCAG by October 2, 1978 to be included in the draft to be submitted to the California Air Resources Board. Council expressed their thanks to Commissioner Breazeal for the analysis he prepared, agreed with the many comments Mr. Breazeal made in his analysis and will make their individual comments known to staff directly prior to October 2, 1978. D. Councilman Atkins advised the San Gabriel Valley Association of Cities will meet with Dick Mountjoy, Thursday, September 21, 7:30 a.m. Their meeting in October will be held Wednesday the 18th and it is anticipated Supervisor Schabarum will meet with Council Minutes, September 19, 1978 - Page 6 the members at that time. E. Mayor Tyrell requested the staff complete its cost analysis for the installation of two second red delay for all traffic signals within the City as soon as possible so that the work can be initiated. Mayor Tyrell suggested additional fencing be installed in conjunction with the new tennis courts which will provide additional measure of controlled access to assist in the supervision of the facilities. 17 ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Atkins the meeting adjourned at 8:55 p.m. Next regular meeting of the City Council will be held Tuesday, October 3, 1978, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk