HomeMy Public PortalAboutCity Council_Minutes_1980-02-19_Regular 1980CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
FEBRUARY 19, 1980
INITIATION :
Mayor Dennis called the regular meeting of the City Council to order
at 7:31 p.-m , on Tuesday, February 19, 1980, in the Council Chamber
of the City Hall.
2, The invocation was given by Pastor Mike Brown, Bethlehem Evangelical
Lutheran Church, 5319 N. Halifax Road.
3. The Pledge of Allegiance to the Flag was led by Mayor Dennis.
4 e . ROLL CALL:
Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Director of Parks and Recreation Kobett, Jean
Robertson, Sheriff's Department, and Julie Estrada,
Temple City Times
5. CONSENT CALENDAR:
Mayor Dennis removed- Item A, and Councilman Gillanders removed Item I
from the Consent Calendar. Councilman Tyrell moved to approve Items
B through H on the Consent Calendar as recouuuended, seconded by
Councilman Merritt and carried.
B, RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of February 6
LITTER CONTROL GRANT PROGRAM
Concurred with Traffic Commission recommendation and approved sub-
mitting an application for Litter Control (rant funding in an
approximate amount of $2,300.
C. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of February 12
(1) TENTATIVE TRACT NO. 38313 AND CONDITIONAL USE PERMIT -
5122 -24 N. ROSEMEAD BOULEVARD
Set public hearing March 4, 1980 to consider Planning Commission
Resolution No. 80- 884PC.
(2) PLANNING COMMISSION ACTION
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting held February 12, 1980.
D. APPROVAL OF FINAL MAP: TRACT NO. 36377, 9809 -9821 LOWER AZUSA ROAD
Approved the map, accepted easements offered for dedication, approved
and accepted agreement to construct sanitary sewers and a water system,
found the project will not violate any provisions of the Subdivision
Map Act, and instructed the City Clerk to endorse on the face of the
map approval of the tract map and acceptance of any dedications,
E. TRACT NO. 35012 - 9807 -9823 OLIVE STREET
(1) APPROVAL OF WATER SYSTEM- RELEASE OF SUBDIVISION WATER OYST:T'.
AGREEMENT AND FAITHFUL PERFORMANCE BOND
Found all work completed as required by the Subdivision Water System
Agreement, released the Agreement and Faithful Performance Bond in
the amount of $28,000.
Council Minutes, February 19, 1980 - 'Page 2
(2) ACCEPTANCE OF SANITARY SEWERS - RELEASE OF FAITHFUL PERFORMANCE
BOND AND' SANITARY SEWER AGREEMENT
Approved the work completed as required by the Sanitary Sewer
Agreement, accepted for public use the sanitary sewers, released
the Sanitary Sewer Agreement and Faithful Performance Bond in
the amount of $32,700,
Fo ORDINANCE N0. 80 -491: 2nd read. AMENDMENT TO TEMPLE CITY ZONING=
CODE SECTION-9119(4) - MINIMUM STREET FRONTAGE IN ALL R -ZONES
Adopted Ordinance No, 80 -491 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY AMENDING SECTION 9119(4) OF THE TEMPLE CITY
ZONING-CODE.
Ga' ACCEPTANCE' OF BID:' CONTRACT NO, 80 -10 - RESURFACING OF BROADWAY
Accepted the low bid of $40,756 from Sully Miller, and authorized the
Mayor and City Clerk to sign the agreement.
H, RESOLUTION NO. '8`0 -1875: EMPLOYMENT OF PERSONNEL
Adopted Resolution No, 80 -1875 A RESOLUTION OF THE CITY OF TEMPLE
CITY' APPOINTING PERSONNEL.
CONSENT ITEM A: APPROVAL OF MINUTES - Regular Meeting of February
1980
Mayor Dennis requested the February 5 minutes be corrected to reflect
that in addition to inquiring whether the City could require the
operator of Ivanhoe to employ'a sworn deputy, he also inquired whether
the City could enforce the security at that location by placing an'off-
duty sheriff, hired by the City, and include the cost to the City as
a part of the License fee, to which the City Attorney replied "yes "n
Councilman Tyrell moved to approve the minutes of the February 5 meeting
as amended, seconded by Councilman Atkins and carried.
CONSENT ITEM I: RESOLUTION NO. 80 -1876: WARRANTS AND DEMANDS
Councilman Gillanders requested clarification of checks number 13838
and 13885, both' being payable to the League of California Cities for
registration, City Manager Koski advised 13838 was for the registration
of Planning Commissioners attending the Planning Commissioners Institute,
and 13.8.85 was for registration to the Emergency Preparedness Seminar.
Councilman' Gillanders - moved to adopt Resolution No. 80 -1876 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $134,629.31, DEMANDS NO, 13837 i'HRU 13896, seconded
by Councilman Atkins and carried,
UNFINISHED BUSINESS:
6. PUBLIC HEARING: UNDERGROUND PIPELINE CARRYING HAZARDOUS SUBSTANCES
(PROPOSED ORDINANCE ADOPTING COUNTY ORDINANCE BY REFERENCE)
City Manager Koski presented background information, stating the City
Council, at their regular meeting held February 5, 1980, introduced
Ordinance No, 80 -490 for first reading and set public hearing February
19 relating to adoption of the county ordinance by reference. The
county ordinance set up two broad areas of regulation; 1) requires
testing of new and existing underground pipelines which carry potentially
hazardous materials, and 2) requires mandatory participation in the
underground service alert system whereby owners /operators of underground
facilities associate in a privately funded organization which provides
a single telephone number for excavators to call and locate underground
facilities°
There being'no further staff report, Mayor Dennis declared the public
hearing open,
Council Minutes, February 19, 1980 -Page 3
Charles Chivetta., 106 E. Longden Avenue, Arcadia, inquired whether the
county ordinance provides for the automatic shut -off of valves in case
of a catastrophy, such as an earthquake,
Councilman Gillanders stated it is his understanding the gas company
has failsafe valves which blocks off relatively large areas.
Councilman Tyrell advised the ordinance provides for testing of existing
pipelines and a common number to be called to identify pipelines prior
to excavatiorn o
Mayor Dennis stated the ordinance also specifically refers to failsafe
valves, however, it'is broad in its interpretation.
There being no one else come forward to speak, Councilman Tyrell moved
to close public hearing, seconded by Councilman Atkins and carried.
Councilman Atkins moved to make the determination of no environmental
impact, seconded by Councilman Merritt and carried.
City Attorney Martin' read Ordinance No, 80 -490 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING ORDINANCE NO, 12,038 OF THE
COUNTY "OF LOS ANGELES BY REFERENCE by title only. Councilman Atkins
moved to Waive further reading and adopt, seconded by Councilman Merritt
and carried.
Council instrticted staff to contact the gas company and inquire as to
whether they have block valves for shutting down service within the
community at a time of disaster and to their contingency plans for
response to various' types of emergency.
7 PUBLIC HEARING; TENTATIVE TRACT MAP 37830 AND CONDITIONAL USE PERMIT -
6004.18 ROSEMEAD" BOUT.EVARD
City Manager Koski presented background information stating the Planning
Commission, at their regular meeting held January 22, 1980, held public
hearing and adopted resolution recommending approval of a conditional, use
permit and Tentative Tract' No. 37830 for a 15 -unit condominium,proj eat
in an R -4 zone. The proposed project will consist of three structures;
buildings 1 and 2 will each have four two- bedroom units, and building 3
will have seven-two- bedroom units. Each unit will have a 2 -car garage
and eight open spaces will be provided. The project complies with the
General` Plan and Ordinance No, 79 -486 relating to new construction of
condominium' projects. Total lot coverage is 457 and open space is
4,958 sq, ft. The Planning Commission certified the draft Environmental
Impact Report. City - Council, at their regular meeting held February 5,
set public hearing February 19.
There being no further staff report, Mayor Dennis declared the public
hearing open.
Charles Chivetta, 106 E. Longden Avenue, Arcadia, stated he felt the
plan- submitte is a good one and was here to answer any questions
Council may have.
Councilman Gillanders moved to include the Planning Commission minutes
a part of the record, seconded by Councilman Atkins and carried.
Councilman Gillanders moved to close the public hearing, seconded by
Mayor Dennis and carried.
Councilman Atkins moved to certify the Environmental Impact, Report has
been completed in conformance with the California Environmental Quality
Act and the State guidelines and that the City Council has reviewed,
considered and evaluated the information contained in the report; that
the draft EIR is accepted as the final EIR and that it is adequate and
provides reasonable information on the project and all reasonable and
feasible alternatives thereto; that the project is consistent and
compatible' With "eki'sting zoning and the general plan; and that each and
every adverse environmental impact contained in the report is overruled
or counterbalanced by economic and social needs, objectives, and concerns
Council Minutes, February 19, 1980 - Page 4
in providing private or public improvements of municipal import,
seconded by Councilman Gillanders and carried.
Councilman Tyrell moved to approve Tentative Tract No 37830 and
Conditional Use Permit, subject to all conditions set forth in Planning
Commission Resolution No, 80- 880PC, seconded by Mayor Dennis and carried,
Councilman Merritt- comhented' on' the design, stating that developments
which`.provide- garages at° the` rear of the property create a safety
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probiem.and feels architects and developers should consider this factor
when planning their developments,
NEW BUSINESS:
None.
8, COMMUNICATIONS:
There were no communications,
90 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward,
RECESS TO CRA:
City. Council recessed at'8 pm, to meet as the Community Redevelopment Agency,
all members being present; approved the minutes of the regular meeting held
February-5, 1980 and adopted resolution approving warrants and demands. The
minutes are .set forth` in. full" in the records of the Agency.
RECONVENE AS CITY COUNCIL
10. ACTION ON REQUEST BY-CRA:
There was no action to be taken,
11, MATTERS' FROM CITY "OFFICIALS:
A. Request to Attend Parks and Recreation Society Conference -
Sacramento , ' March 7-9, 1980
Councilman' Tyrell" moved to approve Coinuiissioner Burlingame's attendance
to subject conference, to include necessary expenses, seconded by
Councilman: Gillanders and carried,
B. Councilman Tyrell stated he feels the City should participate in
the WeTip Program. Council directed staff to inquire into a possible
formula to be used as a basis of the City's financial participation.
Councilman Tyrell also stated he had driven through the city following
the heavy rains on Saturday and found some problems of flooding,
particularly Live Oak at Agnes; Broadway west of the catholic church;
Lower Azusa at Cloverlye Other Council members identified several
areas within the city which had flooding problems and directed staff
to make an investigation and identify solutions to the problem.
C. Councilman "Gillanders noted that there were a number of limbs
down due to the storm and expressed the opinion the city employees
had done a fine job of keeping the streets open.
D. Mayor Dennis directe& Council's attention to the letter from
Assemblywoman Tanner regarding item pricing of grocery store commodities
He solicited 'comments from the audience from which it appeared there are
as many people supporting the former method of marking each item as
there are in favor of the new computerized uniform product code.
E, Councilman Gillanders read the letter received from the City of
Tiburon requesting financial assistance in their fight to keep the
decision of the California Supreme Court from being overturned.
Property owners have appealed to the United States Supreme Court.
Council Minutes, February 19, 1980 - Page 5
At the request of Council, City Attorney Martin stated he was sorry
to see the United States court grant jurisdiction. The California
Supreme Court decided the appropriate remedy when property is down -
zoned is invalidation of the regulation. The federal courts have
been following an entirely different line of thinking; if a person
is rezoned and loses profit, there has been a violation of his civil
rights and is entitled to financial remedy, Mr, Martin stated there
is no doubt this "litigation will be very important and the Council may
Iwish to join with the City of San Marino and South Pasadena in filing
an Amicus Brief which he is currently working on
Councilman Tyrell moved to participate in the Amicus Brief as a named
party, joining the cities of San Marino and South Pasadena, seconded
by Councilman Atkins and carried.
12, ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Mayor Dennis, meeting
adjourned at 8:30 p.m. The next regular meeting of the City Council
will be held Tuesday, March 4, 1980, 7:30 p.m. in the Council Chamber
of the City Hall.
ATTEST:
thief Deputy City Clerk
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