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.
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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
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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)
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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
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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