HomeMy Public PortalAboutCity Council_Minutes_1977-12-06_Regular 1977 i CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
DECE4BER 6., 1977
INITIATION;
1. CALL TO ORDER;
Mayor Merritt called the regular meeting of the City Council to
order at 7 : 30 p .m. on Tuesday, December 6, 1977, in the Council
Chamber of the City Hall .
2 . The invocation was given by Mayor Merritt.
3 . The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present: Councilmen-Atkins , Dennis, Greenberg, Tyrell, Merritt
Absent: Councilmen-None
Also Present: City Manager Koski, City Attorney Martin, Assistant '
City Manager Biel , Parks and Recreation Director Kobett
5. APPROVAL OF MINUTES :
Councilman Dennis directed attention to the fact that in paragraph
3 of Item 7 the word "minutes" was left out of .the motion. Councilman
' Greenberg moved to approve the minutes of the regular- meeting of the
City Council held. November 15, 1977, as corrected, seconded by
Councilman Atkins and carried.
UNFINISHED BUSINESS :
6. PUBLIC HEARING : 7 : 30 p .m. AMENDING ZONING CODE RELATING TO CORNER
AND SUBSTANDARD LOT FRONT SETBACKS
City Manager Koski presented background information stating the
Planning Commission, at their regular meeting of November 8, 1977,
held public hearing and adopted resolution recommending to City
Council an amendment to the Temple City Zoning Code relating to
front yard setbacks for corner lots and lots with double frontage
on .a public street, substandard lots having no frontage on a public
street with access by• private easement, and lots having less than
35 ft.. frontage on a public street, all of which would be applicable
to R--zoned properties , In� the past, development or redevelopment,
additions and lot consolidations of residential parcels as outlined
created uncertainty -as to the proper front yard setback. Planning
Commission was ,of the opinion a referral of such cases to the Minor
Zoning Modification Committee will provide enough flexibility to
that committee to handle the cases involved with the most efficiency.
The committee will review the conditions of the contiguous properties
and may require the maintenance of the required front yards on both
streets . Front yard setbacks for parcels with inadequate street
frontage may be established on the basis of house orientation, drive-
way or easement location, proximity to other structures in the
neighborhood, and other factors . Planning Commission approved filing
of a Negative Declaration of Environmental Quality as required by
the California Environmental Quality Act of 1970, as amended. City '
Council , at their regular meeting held November 15, 1977 , set public
on this matter for December 6 , 1977 .
Mayor Merritt. declared the public hearing . Councilman Greenberg moved
to make the. Planning Commission minutes a part -of the record, seconded
by Councilman Atkins and carried .
Councilman Dennis expressed concern the proposed ordinance does not
provide for the appeal process .
Councilman Atkins stated he felt some guidelines should be established
and the applicant made aware- of the probable course of action that
would be recommended by staff affecting his front and sideyard setbacks .
3
Council Minutes , December 6, 1977 - Page 2 .
In further discussion, Council requested the proposed ordinance
be modified to substitute the Planning Commission for the Minor
Zoning Modification Committee.
Mayor Merritt invited anyone wishing to speak to the matter to' °=
come forward. There being no one come forward, Councilman Tyrell
moved to continue the public hearing to January 3, 1978 and to
refer back to the Planning Commission for their review of the
modification, and for the development of guidelines for comment,
seconded by Councilman Greenberg and carried.
7 . PUBLIC HEARING; 7 : 30 p .m. AMENDING ZONING CODE RE PROPERTY MAINTENANCE
OF VACANT COMMERCIAL PROPERTIES
City Manager Koski presented background information stating the
Planning Commission, at their regular meeting of November 8, 1977 ,
held public hearing and adopted resolution recommending to the City
Council an amendment to the Temple City Zoning Code relating to
property maintenance of vacant commercial properties . Conforming
signs for conforming businesses shall be removed after 15 days '
vacancy, and nonconforming signs and conforming signs for nonconforming
businesses shall be removed after 60 days ' vacancy. The Planning
Commission is also recommending that owner be required to install
barricades to prevent access to parking areas . Planning Commission
approved filing of a Negative Declaration of Environmental Impact,
as required by the California Environmental Quality Act of 1970,
as amended. City Council , at their .regular meeting held November 15 ,
1977, set public hearing on this matter. for December 6, 1977 .
In answer to Councilman Dennis ' question regarding the reason con-
forming businesses were affected within 15' days and non-conforming .
businesses within 60 days , City Manager Koski advised the ' Commission' s
position was that conforming signs could be obliterated within 15
days , however, more time would be required to contract for the removal
of non-,conforming signs and structure.
Mayor Merritt declared the public hearing open and invited anyone
in the audience who wished to speak to come forward. There being
no one come forward to speak, Councilman Tyrell moved to close
public hearing, seconded by Councilman Atkins and carried.
In discussion,• Council requested the proposed ordinance be modified
to substitute 30 days for 60 days under Subsection A(2) and to
add Subsection C to require all buildings be secured immediately
upon vacation so as to prevent ingress .
Councilman Atkins moved to certify Negative Declaration of Environmental
Impact, seconded by Councilman Greenberg and carried. Councilman
Greenberg moved to include the Planning Commission minutes as a part
of the record, seconded by Councilman Atkins and carried.
City Attorney Martin introduced Ordinance No . 77-455 AN ORDINANCE
OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 9279 TO THE TEMPLE CITY
ZONING CODE RELATING TO VACATED BUSINESSES, as amended, by title only.
Councilman Tyrell moved to waive further reading and refer -the amended
ordinance back to Planning Commission for their review and comment,
seconded by Councilman Atkins and carried.
8. PUBLIC HEARING : 7 : 30 p .m. STREET IMPROVEMENTS - FARAGO AVENUE,
FREER TO GRAND (INSTALLATION OF STREET LIGHTS PURSUANT TO. CHAPTER 27 ,
STREETS AND HIGHWAYS CODE)
City Manager Koski presented background information stating the
City Council, at their regular meeting held November 15 , 1977 set
public hearing December 6, 1977 for installation of five 7 , 000 lume.no
lights to be installed on existing wood poles on the east side of
Farago Street within subject limits . Petitions were returned with
signatures of property owners representing 81% of the front footage
of the block. There will be no installation charge; the' one-time
assessment of $387 . 26 will be spread equally among the property owners
to cover energy and maintenance until the area is annexed from Zone B
to Zone A of the Lighting District .
Council Minutes , December 6, 1977 - Page 3
Mayor Merritt declared the public hearing open and invited anyone
wishing to "speak to the issue to come forward.
Michael Moore, 5004 Farago , stated he represents the individual
owners of condominiums at the northeast corner of Farago and Grand.
When the units were built they were required to install street lights
and sidewalks and the association feels they are being charged a
second time for street lights . Mr. Moore inquired what the individual
property owner 's cost would be.
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Assistant City Manager Biel advised the City Attorney had determined
the condominium must be considered as one property, and pursuant to
Council determination each property is to be assessed on an equal
basis based on the philosophy each property derives equal benefit,
the total charge for the condominium will be $10 . 19 to be spread
among the 15 units .
There being no one else come forward to speak, Councilman Greenberg
moved to close public hearing, seconded by Councilman Tyrell and
carried.
3 Councilman Greenberg moved to certify the Categorical Exemption of
i Environmental Impact, seconded by Councilman Dennis and carried.
Councilman Atkins moved to find the project to be in the best public
interest, to instruct the Superintendent of Streets to cause the
work to be accomplished and report on the installation of improvements
when the work is completed, and to instruct the Superintendent of
Streets to have a legal description of those properties affected
prepared and initiate annexation proceedings into Zone A at the
appropriate time, seconded by Councilman Dennis and carried.
9. SUBSTANDARD CONDITIONS : 4844-4850 ARDEN DRIVE - STATUS" REPORT
City Manager Koski advised the title search on the property under
scrutiny has been completed, the list of defects compiled, and all
concerned parties have been notified of the work needed to correct
the substandard conditions , all required under the property
rehabilitation process ,
Councilman Atkins moved to receive and file the status report,
seconded by Mayor Merritt and carried.
NEW BUSINESS :
10 . RECOMMENDATION FROM PLANNING COMMISSION - Meeting of November 22, 1977
INFRACTIONS RE VIOLATIONS OF ZONING CODE
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting of November 22, 1977,
by minutes order, recommended that certain violations of the Muni-
cipal Code be treated as infractions rather than misdemeanors . The
present method for correcting zoning violations is a time consuming
process ; if violations are reduced from misdemeanors to infractions
the defendant does not have the right to jury trial, and maximum
penalty for a first violation would be $50 . 00 . Staff recommends
this matter be deferred to a study session.
It was the concensus of the City Council that an amendment to the
Municipal Code be initiated to treat certain violations as infractions
rather than misdemeanors and requested staff prepare a list of any
additional violations which would be appropriate to be included under
the infraction process , such as animal control regulations , use of
park violations .
Councilman Tyrell. moved to continue to January 3 , 1978 and refer
the matter to the Parks and Recreation Commission for their review
and comment, and instruct the City Attorney to prepare an appro-
priate ordinance, seconded by Councilman Atkins and carried.
Council Minutes , December 6, 1977 - Page 4
11 . RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Special Meeting
' of November 30, 1977
DESIGN FOR PROPOSED TENNIS COURTS AT LIVE OAK PARK
City Manager Koski presented background information stating City
Council , at their regular meeting held October 18, 1977 , authorized
retaining the services of architect to design the proposed three
tennis courts for Live Oak Park, to include an alternate bid for
four courts at a cost not to exceed $4, 800 . The firm, Eriksson,
Peters and Thoms , has completed the design phase of the project.
Parks and Recreation Commission reviewed the design plans for the
tennis courts at their_ special meeting held November 30, 1977 and
expressed their preference for the construction of three lighted
tennis courts rather than four unlighted courts and recommended
City Council approve the plans .
Councilman Tyrell moved to approve the design for the proposed
tennis courts at Live Oak Park and authorize final plans and
specification and solicitation of bids for basic bid for three
tennis courts with delete item for modification and installation
of irrigation system, and alternate bid for four tennis courts with
delete item on irrigation system, seconded by Councilman Dennis
and carried.
12. ACCEPTANCE OF DEED : RIGHT OF WAY ROAD PURPOSES - 5446 DAINES DRIVE
City Manager Koski advised that during the course of sidewalk
construction under the EDA program, it was found that the City did
not have right of way on the southeast corner of Daines Drive and
Arden Drive. Merle Collins of Live Oak Rentals was unaware that
the strip of land was not dedicated and agreed to make formal
dedication for road purposes and executed a road deed.
Councilman Tyrell moved to accept the road deed for recordation
and expressed Council ' s appreciation for Mr. Collins cooperation
and assistance, seconded by Councilman Dennis and carried.
13. SET PUBLIC HEARING : STREET IMPROVEMENTS - GREEN STREET, BALDWIN TO
GLICKMAN AVENUE, PETITION FOR STREET LIGHTS (PURSUANT TO CHAPTER 27
PROCEEDINGS, STREETS AND HIGHWAYS CODE)
City Manager Koski advised petitions have been received for the
installation of four 7, 000 lumen lights to be installed on
existing wood poles on Green Street within subject limits with
72% of the property owners represented.
Councilman Greenberg moved to accept the petitions , certify the
Categorical Exemption of Environmental Impact, and to set public
hearing January 3, 1978 and instruct the Superintendent of Streets
to notify the property owners , seconded by Councilman Atkins and
carried.
14. APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE 77-515
City Manager Koski advised the Planning Commission, at their regular
meeting held November 8, 1977, adopted resolution granting a zone
variance in Case 77-515, to allow a 6 ft. high fence in the required
front yard area. Subject property is located the southeast corner
of La Rosa Drive and Heleo with the narrower street frontage on Heleo,
therefore front yard setback is required on that street . The residentia.
structure is oriented to La Rosa Drive, with a 23 ft . setback.
An appeal to the Planning Commission decision was filed within the
prescribed period of time .
Councilman Tyrell moved to set public hearing January 3 , 1977 , seconded
by Councilman Atkins and carried.
Council Minutes , December 6 , . 1977 ,- Page 5
15 . APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE 77-516
PACIFIC OUTDOOR ADVERTISING/JOHN PONTRELLI
City Manager Koski advised the Planning Commission, at their regular
meeting held November 22, 1977 , adopted resolution denying a zone
variance to convert a residential structure to a commercial use
in the C-3 zone and retain an existing non-conforming outdoor ad-
vertising structure . Subject property is located in Parcel "E" of
the Rosemead Boulevard Redevelopment Project . Community Redevelop-
ment Agency, in August, 1977, approved plot plan for subject con-
version with the condition that the existing outdoor advertising
structure be removed.. Owner and the advertising company applied
for a variance on the structure . An appeal to the Planning Com-
mission decision was filed within the prescribed period of time.
Councilman Tyrell moved to set public hearing January 3, 1978 ,
seconded by Councilman Greenberg and carried.
16. RESOLUTION NO. 77-1693 : EMPLOYMENT OF PERSONNEL
Councilman Tyrell moved to adopt Resolution. No . 77-1693 A RESOLUTION
OF THE CITY COUNCIL APPOINTING PERSONNEL, seconded by Mayor Merritt
and carried.
17. RESOLUTION NO. 77-1694: WARRANTS & DEMANDS , DEMAND NOS . 8024 THRU
8134 AND 8201',IN THE AMOUNT OF $109 , 547 . 60
Councilman Atkins moved to adopt Resolution No . 77-1694 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $109 , 547 . 60, DEMAND NOS . 8024 THRU 8134 AND
8201, seconded by Councilman Dennis and carried, Councilman Greenberg
noting his non-participation with regard to check number 8112 .
18 . COMMUNICATIONS :
There were no communications .
19 . TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mrs . Lucinda Grant, 5434 E1 Monte Avenue, stated Mrs . Opita Reneson
of the Temple City Senior Citizens had started a petition for a
dial-a-ride services within the community, and the Senior Citizens
have asked Mrs . Grant to submit their petition to the City Council
requesting transportation to the grocery store, doctors ' offices ,
and the downtown shopping area.
City Council directed staff to update the Intra-city Bus Transportation
report completed in the past to include cost of cab service and
available funding for Council review.
RECESS TO CRA:
The City Council recessed at 8 : 20 p .m. to meet as the Community Redevelop-
ment Agency, all members being present; approved the minutes of the regular
meeting held November 15, as- amended; approved Agreement for Legal Services ;
approved proposed free-standing sign as outlined in Exhibit "A-l" for Southert
California Savings & Loan; and adopted resolution approving warrants and
demands . The minutes are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
20'. ACTION ON .REQUEST BY CRA:
There was no action to be taken.
21 . MATTERS FROM CITY OFFICIALS :
A. 1978 MUNICIPAL ELECTION PROCEDURES RE : CANDIDATE 'S STATEMENT
AND CAMPAIGN MATERIAL
1 . Councilman Tyrell moved to adopt Resolution No .. 77-1695 A RESOLUTION
OF THE CITY COUNCIL' OF THE CITY OF TEMPLE CITY LIMITING CANDIDATE 'S
STATEMENT TO 200 WORDS , seconded by Councilman Atkins and carried.
2 . Councilman Tyrell moved to adopt Resolution No . 77-1696 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
LIMITING CA14PAIGN MATERIAL TO BE INCLUDED WITH SAMPLE BALLOT,
seconded by Councilman Atkins and carried.
B. Request for Bingo Permit
City Manager Koski advised City had received a letter from James Law
representing the Temple City High School senior class requesting City
,Council consider adoption of a bingo ordinance. Presently, the only
cities within the local. area which do not have a bingo ordinance are
San Marino and Temple City. Staff report sets forth the provisions
of Section 326. 5 of the Penal Code in legalizing bingo and those
organizations who qualify under the Revenue and Taxation Code .
In answer to Council ' s question, Deputy Gillman advised presently
the orgaization requesting, the permit may not qualify under the law.
Councilman Dennis moved to defer the matter to a study session,
seconded by Councilman Atkins and carried. Staff was instructed to
write the applicant a letter advising him of Council ' s intention to
hold a `study session and that they may not be qualified at this time .
C. Safety/Security Lighting - Live Oak Park
City Council received and filed a staff report relating to additiona' -
lighting of the streets adjacent to the park. Pursuant to Council
directive, survey was conducted and it was found sufficient lighting -
exists in the immediate area surrounding the park.
D. Graffiti
City Council, having expressed concern with graffiti in the community ,
received the existing County ordinance prohibiting the possession -of
spray cans on County-owned property for review, and instructed the
City Attorney to prepare an appropriate ordinance for Council con-
sideration at their regular meeting to be held January 3, 1978 .
E. City Manager Koski presented request to attend Executive Committee
meeting of the City Manager 's Department, League of California Cities
to be held in San Diego , December 1.5-16, 1977 .
Councilman Tyrell moved to approve City Manager 's attendance as
President of the San Gabriel Valley City Manager 's Association and
attendant " expenses , seconded by Councilman Atkins and carried.
F . Distribution of Fines and Forfeitures - Vehicle Code Violations
City Council received and filed a report from the County of Los Angeles
Department of Auditor-Controller regarding the distribution of fines
and forfeitures under Vehicle Code Section 40508(a) . City Attorney
Martin advised the proper distribution under the code will not make
as big an impact on revenue as it is generally thought .'
G. Councilman Atkins requested clarification on requirements for
moped operators from Lt . Wallace . Lt . Wallace advised operators must
be in possession of a valid driver ' s license, the speed limit on mopeds
is 30 m.p .h. , in Temple City they must have a bicycle license , and
mopeds. must adhere to the Motor Vehicle Code .
Council directed City Attorney to prepare a draft ordinance for con-
sideration at the City Council meeting to be held January 3 , 1978 ,
wherein sales agents of moped vehicles be required to have posted on
the premises the current provisions of the Motor Vehicle Code and
other aspects pertinent to operating a moped.
H. Councilman Tyrell advised he had visited Mrs . Vett ' s home at
5476 Temple City Boulevard, drove in and back- out of their driveway,
and did not find it to be a hazardous condition.
Council Minutes , December 6, 1977 - Page 7
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22. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Mayor Merritt, meeting
adjourned at 8 : 45 p .m. Next regular meeting of the City Council
will be held Tuesday, December 20, 1977 , 7 : 30 p .m. in the Council
Chamber of the City Hall .
MAYOR
ATTEST:
Mtef Deputy City C erk
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