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HomeMy Public PortalAboutCity Council_Minutes_1981-07-07_Regular 1981CITY OF TEMPLE CITY CITY COUNCIL MINUTES JULY 7,'1981 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:31 p.m. on Tuesday, July 7, 1981, in the Council Chamber of the City Hall. 2. The invocation was given by Mr. Larry Crosby of the Church of Jesus Christ of Latter -Day Saints, 6249 Kauffman Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Merritt Absent: Councilmen- Dennis, Tyrell Also Present: City Manager Koski, City Attorney Martin, Parks and Recreation Director Kobett, Senior Planner Peterson, and Julie Estrada, Temple City Times Councilman Gillanders moved to excuse Councilman Dennis and Tyrell for cause, seconded by Councilman Atkins and carried. At this time Mayor Merritt introduced Don Kelker, newly appointed Parking Commissioner, who took the Oath of Office. 5. CONSENT CALENDAR: Councilman Atkins requested Items G on the Consent Calendar be removed for discussion, and moved to approve Items A through F, and H through J, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES: Regular Meeting of June 16, 1981 Adjourned Meeting of June 30, 1981 Approved as written. B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - REQUEST FOR USE OF LIVE OAK PARK, TEMPLE CITY AMERICAN YOUTH SOCCER ASSOC. Approved request for use of a portion of the grassed area of Live Oak Park from September 8, 1981 through February 28, 1982 subject to the required Certificate of Insurance. C. RECOMMENDATIONS FROM PLANNING COMMISSION - (1) PROPERTY NUISANCE CASE NO. 81 -66, 9649 LONGDEN AVENUE Adopted Resolution No. 81.2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF. (2) PLANNING COMMISSION ACTION - .Meeting of June 23, 1981 Received and filed memo relating to action taken by the Plan- ning Commission at their regular meeting held June 23, 1981. D. ACCEPTANCE OF PUBLIC WORKS IMPROVEMENTS - TRACT 35027, 5548 WELLAND AVENUE Accepted public works improvements for subject tract and released surety bond in the amount of $4800.00. 1 1 16 Council Minutes, July 7, 1981 - Page 2 E. APPROVAL OF FINAL MAP TRACT NO. 38349 — 5048 N. SERENO DRIVE Approved the final map, found the project will not violate pro- visions of the subdivision map act, and instructed the City Clerk to endorse approval on the face of the map. F. APPROVAL OF FINAL PARCEL MAP 574 -.6131 GOLDEN WEST AVENUE Approved the final parcel map and accepted Water System Agreement and bonds for Performance and Labor and Material. H. RESOLUTION N0. 81 -2004: AUTHORIZING STREET MAINTENANCE WORK PURSUANT TO GENERAL SERVICES AGREEMENT Adopted Resolution No 81 -2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE PERFORMANCE OF STREET MAINTENANCE WORK, UPON REQUEST, PURSUANT TO THE GENERAL SERVICES AGREEMENT. I. RESOLUTION NO. 81 -2005: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 81 -2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. J. RESOLUTION NO. 81 -2002: WARRANTS AND DEMANDS Adopted Resolution No. 81 -2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $151,305.05, DEMAND NOS. 2147 THRU 2232. CONSENT CALENDAR ITEM / /Gs Councilman Atkins questioned the need for items a, b, d, g, h, and m under Section 3, Encroachment Permits. Councilman Gillanders expressed concern that the fees charged be actual costs, stating that approximately 30 cities have been taken to court claiming violation of Proposition 13. City Attorney Martin stated the City could incur liability if permit system for liability is abandoned and Council should decide whether they want to approve any part of the resolution; he stated further he believes the 31 cases pending relating to fees will eventually be supported by the court as opposed to taxes; and he also stated the City would have to rely on the county as to whether the fees are actual costs and not in violation of Prop 13 or Prop 4. It would be better to adopt the resolution and assume the risk of paying any overcharges back which could be expensive than to risk the liability of not maintaining a permit system. Councilman Atkins moved to adopt Resolution No 81-2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING FEES PURSUANT TO SECTION 6103 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO HIGHWAY PERMIT FEES,' and instruct staff to review items a, b, d, g, h, and m under Section 3 and provide additional information as to the purpose served by the requirement of those encroachment permits, seconded by Councilman Gillanders and carried. . UNFINISHED BUSINESSt A. ORDINANCE NO. 81 -504: 2nd read, RELATING TO MODULAR HOMES IN RESIDENTIAL AREAS City Attorney Martin introduced Ordinance No. 81 -504 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING ORDINANCE OF TEMPLE CITY RELATING TO PERMITTED USES IN THE R -1 AND R -2 ZONES REGARDING MODULAR HOMES, MOVE -ONS AND DEVELOPMENT STANDARDS FOR SINGLE FAMILY HOMES for second reading by title only. Councilman Council Minutes, July.7, 1981 ®.Page 3 1 1 1 70 Atkins moved to waive further reading and adopt, seconded by Councilman Gillanders and carried. B. PUBLIC HEARING: TENTATIVE TRACT NO. 42236, 6213 TEMPLE CITY BOULEVARD; ZONE VARIANCE CASE NO. 81 -628 AND CONDITIONAL USE PERMIT NO. 81 -621 City Manager.Koski•presented background information, stating the Planning Commission, at their regular meeting held June 9, 1981 approved the Tentative Tract and Conditional Use Permit for a 5 -unit, two -story condominium development, and a variance to allow the two -story condominiums to be developed on a 70 ft. wide lot. The project will be developed on a 70 ft. wide, 220 ft. deep lot and is currently developed with a single family residence, a garage and an accessory building. The property is zoned R -4. There has been some difficulty encountered in providing the re- quired fire flow as the site is served by East Pasadena Water Company and there is insufficient pressure and flow volume. City Council set public hearing to consider the Planning Commission resolution for July 7, 1981. Mayor Merritt declared the public wishing to speak to come forward. to speak, Councilman Atkins moved seconded by Councilman Gillanders hearing open and invited anyone There being no one come forward to close the public hearing, and carried. Councilman Gillanders expressed concern regarding the insufficient water pressure. City Attorney Martin directed Council's attention to items 10, 23 and 24 of the Planning Commission resolution which requires the developer to meet Fire Department recommendations. Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact and concur with Planning Commission Resolution No. 81- 953PC, seconded by Councilman Atkins and carried. C. APPEAL TO TRAFFIC COMMISSION DENIAL OF OVERNIGHT PARKING PERMIT 5903 N. BARTLETT AVENUE (WACHTER) • City Manager Koski presented a letter from the appellant rescinding' his appeal. Councilman Atkins moved to terminate proceedings, seconded by Councilman Gillanders and carried. D. PROPOSED IMPROVEMENTS: LIVE OAK PARK City Manager Koski stated the Council, at their joint study session with the Parks. and Recreation Commission. held June. 30, 1981, reviewed proposed improvements for Live Oak Park for funding under the California Parklands Act of 1980; supported the Commission's recommendation and identified a need for professional services to develop alternative approaches for expanding the existing building and the development of cost estimates. Councilman Atkins moved to appropriate $7,500 to provide pro- fessional services for the purpose of developing schematics for the development of alternative approaches for expanding the existing building and authorize staff to obtain professional services to accomplish the development study, seconded by Council- man Gillanders and carried. NEW BUSINESS: A. APPEAL TO PLANNING COMMISSION DECISION: PROPERTY NUISANCE CASE NO. 81 -67, 6012 N. IVAR City Manager Koski presented an appeal received to Planning Commission Resolution No. 81 -957PC determining the existence of a public nuisance at 6012 N. Ivar Avenue. Council Minutes, July 7, 1981 - Page 4 Councilman Gillanders moved to set public hearing July 21, 1981, seconded by Councilman Atkins and carried. B. QUIMBY ACT PARKS DEVELOPMENT/ACQUISITION FEE City Manager Koski stated the Planning Commission, at their regular meeting held June 23, 1981, discussed a communication from the Parks and Recreation Commission regarding the Recreation Element of the General Plan, its implementation and enactment of a Quimby Act fee for new dwelling unifs. The Planning Commission, in support and in concert with the Parks and Recreation Commission, recommends City Council adopt an ordinance establishing a park acquisition and development fee of $300 for each new dwelling unit constructed in the City. Councilman Atkins moved to.instruct the City Attorney to prepare an appropriate ordinance for Council consideration, seconded by Mayor Merritt and carried. 8. COMMUNICATIONS: A. Claim for Damages - Mary Owen City Manager presented a claim from Mary Owen, 5521 Ryland Avenue, for damages to the windshield of her vehicle from a broken branch alleged to have occurred June 21, 1981. Councilman Atkins moved to deny claim and refer to JPIA, seconded by Councilman Gillanders and carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: INo one came forward. RECESS TO CRA: City Council recessed at 8:05 p.m. to meet as the Community Redevelopment Agency; denied request to maintain a 25 ft. sign from Shell Oil Company, and approved auditing services for fiscal year 1981 -82. 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. Purchase of Equipment 1 Councilman Gillanders moved to authorize staff to purchase one Motorola "Mitrek" radio for installation in the 1981 Chevrolet station wagon; approve the purchase of a desk and chair for use at the Senior Citizens' Referral located in the American Savings and Loan; and approve the purchase of Motorola Series 80 Desk Top Controller to replace the current remote radio, seconded by Councilman Atkins and carried. B. Recommendation from Traffic Commission - Rosemead Boulevard, east side, South of Broadway Traffic Controls Councilman Gillanders moved to approve Traffic Commission recom- mendation to place two signs reading "NO PARKING ANY TIME" on the east side of Rosemead Boulevard south of Broadway and place 30 ft. of red curb on the south side of Broadway east of Rosemead Boulevard, seconded by Councilman Atkins and carried. Council idnutes, July 7, 1981 - . Page .5 C. Councilman Gillanders_stated the Assembly.. approved AB 104 this afternoon and it will be considered by the Senate prior to their summer recess. This is the bill which requires proof of insurance prior to registration of a. vehicle and he would like a letter to go out over the Mayor's signature to Senator Richardson and Senator Montoya urging their support. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Gillanders, meeting adjourned at 8:30 p.m. Next regular meeting of the City Council will be held Tuesday, July. 21, 1981, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: GG-i%yni </, (Le- Ch'ef Deputy City Clerk MAYOR