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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 III 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 1