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HomeMy Public PortalAboutCity Council_Minutes_1984-05-15_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY •15, 1984 INITIATION: 1. CALL TO ORDER: Mayor Swain called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, May 15, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by City Manager, Karl L. Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen - Atkins, Dennis, Gillanders, Tyrell, Swain Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, and Julie Estrada, Temple City Times 5. CONSENT CALENDAR: Councilman Tyrell requested Item E be removed from the Consent Calen- dar. On motion by Councilman Tyrell, seconded by Councilman Atkins all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of May 1, 1984. Approved as written. B. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF MAY 8, 1984 (1) PROPERTY NUISANCE CASE NO. 84 -113: 9721 VAL STREET Adopted Resolution No. 84 -2274 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 Received and filed memo from Planning Commission relating to action taken at their regular meeting of May 8, 1984. C. DEFERRED COMPENSATION PLAN - TRANSFER OF ACCOUNTS Approved withdrawal from Cal -Feel's deferred compensation program; approved enrollment in the American Savings and ICMA plans as selected by employees; adopted Resolutions 84 -2271 and 84 -2272 A RESOLUTION OF THE CITY OF TEMPLE CITY ( "EMPLOYER ") APPROVING AN EMPLOYEES DEFERRED COMPENSATION PLAN AND AUTHORIZING ITS IM- PLEMENTATION BY TRANSFER OF ACCOUNTS which resolutions designate American Savings and International City Manager's Assn. as de- positors of the deferred compensation program; appointed City Treasurer as plan administrator; and authorized the Mayor's signature on the completed depository agreement when a date is set for transfer of the funds. D. ACCEPTANCE OF WORK - REPAINTING OF PAVEMENT MARKING AND STRIPING - SCHOOLS, SELECT SYSTEM STREETS, MAINTENANCE AREAS 4, 5, & 6 (Safety Striping Service, Inc.) Accepted the work performed; authorized payment in the amount of $844.92; authorized filing Notice of Completion for the project; and authorized the payment of the 107, retention in the sum of $2,522.49 at the end of the 35 -day lien period. Council Minutes, May 15, 1984 - Page 2 F. CLAIMS FOR DAMAGES: (I) ARDIN W. AWSUMB (2) ANNA PAMPENA Received claims for property damage and denied and referred to JPIA. G AGREEMENT FOR COMMUNITY RECREATION PROGRAM WITH EL MONTE ELEMEN- TARY SCHOOL DISTRICT Approved Community Recreation Agreement with El Monte Elementary School District to conduct a supervised recreation program on the grounds of Cleminson School and authorized Mayor and City Clerk to sign. H REQUEST FOR RATE INCREASE AND AMENDMENT TO THE RUBBISH AGREEMENT COMMUNITY DISPOSAL COMPANY Approved the 4.65% rate increase effective July 1, 1984; approved amendment to agreement providing for future rate increases based on both the CPI and any increases in dump fees, transfer station charges, and excessive rubbish hauling charges . paid by Community Disposal Co. which increase at a higher rate than the CPI; in- structed City Attorney to prepare an amendment to the agreement; and authorized Mayor and City Clerk to execute the agreement. I. TRANSFER OF FUNDS - LIVE OAK PARK EQUIPMENT Approved purchase of equipment and supplies for the immediate maintenance of the new wood floor in the auditorium at Live Oak Park and authorized transfer of funds in the amount of $1,583.46 from Account No. 8124 to Account No. 8186. J. RESOLUTION NO. 84 -2270: INTENTION TO LEVY 1984 -85 ASSESSMENTS FOR CITY -WIDE MUNICIPAL LIGHTING DISTRICT Accepted Engineer's Report; adopted Resolution No. 84 -2270 A RESO LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING I INTENTION TO ORDER THE 1984 -85 FISCAL YEAR LEVY FOR THE CITY -WIDE LIGHTING DISTRICT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERE- TO; and set public hearing for June 5, 1984. K. APPROVAL OF PLANS AND SPECIFICATIONS - STREET IMPROVEMENTS CLOVERLY AVENUE ET AL Approved plans and specifications for the Cloverly Avenue Et Al project and authorized staff to solicit bids. L. SET PUBLIC HEARING - STREET IMPROVEMENTS (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code). (1) LEMON AVENUE (2) LEMON AVENUE (3) LEMON AVENUE (4) LEMON AVENUE (5) LEMON AVENUE (6) GOLDEN WEST - - NORTH SIDE, CORALEE AVENUE TO KAUFFMAN AVE. - NORTH SIDE, GOLDEN WEST TO CORALEE - NORTH SIDE, GOLDEN WEST TO EASTERLY CITY BOUNDARY - SOUTH SIDE, TEMPLE CITY BLVD. TO GOLDEN WEST - SOTUH SIDE, GOLDEN WEST TO EASTERLY CITY BOUNDARY EAST SIDE, LEMON AVENUE TO VAL STREET Approved construction of street improvements; set public hearings for June 5, 1984; and - instructed the Superintendent of Streets to notify'the property owners involved. M. RESOLUTION NO. 84 -2273 WARRANTS AND DEMANDS Adopted Resolution No. 84 -2273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $104,865.59 DEMAND NOS. 7670 THRU 7754. CONSENT CALENDAR ITEM E. APPROVAL OF EMERGENCY HELIPORT_AGREEMENT (Rev.) Councilman Tyrell, referring to paragraph 4 of the agreement, felt clarification should be made as to the times in which the City would be utilizing the facility so as not to interfer with the normal use of the parking lot. Council Minutes, May 15, 1984 - Page 3 City Attorney Martin concurred that :the.Agreement should be amended to include "except during a declared emergency." City Manager Koski stated Councilman Dennis had suggested changes to paragraph 5 that the City will repair any damage to the parking lot caused during use for an emergency helicopter pad and addition to paragraph 6 that 30 -day notice to cancel be required. Councilman Tyrell moved to approve the Agreement with T. C. Associates as modified for use of the parking lot at 9700 Las Tunas Drive during a declared emergency for a helicopter landing pad, seconded by Council- man Atkins and unanimously carried. 6 UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. - REQUESTS FOR CHANGE OF ZONE FROM R -1 TO RPD AND TENTATIVE TRACT MAP 43111 TO ALLOW DEVELOPMENT OF 13 SINGLE FAMILY HOMES (5444 N. Santa Anita Avenue) City Manager Koski presented background information stating the Plan- ning Commission approved and recommended that the City Council approve requests for change of zone from R -1 to RPD and Tentative Tract Map to allow development of 13 single family homes. The proposed develop- ment consists of a residential planned development with 13 detached single family homes taking access from a 36 foot wide private street from Santa Anita Avenue. The units would be two story with approxi- mately 2,000 sq. ft. inarea with varying floor plans and facades. The project has been reviewed per the California Environmental Qual- ity Act of 1970 and a Negative Declaration of Environmental Impact has been prepared. Responding to Council inquiries, Planning Director Shaw stated the approximate size of the lots vary from 3050 sq. ft. to 6400 sq. ft; each home would cover around 40% of the lot; the density of the pro- ject is 9.5 units per acre which is between low and medium density; the adjacent county property is designated R -A 5000 (residential - agricultural); and other adjacent properties within Temple City are zoned R -1, R -2, R -3. He further stated that before the property was annexed to Temple City, a previous developer processed a proposal with the county for 25 condominiums on the same property and the negative declaration had been approved by the county, but the project was abandoned. Planning Director Shaw presented a video of the premises and surround- ing neighborhood. Mayor Swain presented a letter which had been received from one of the neighbor's who was unable to attend the public hearing. Councilman Tyrell moved to include the letter, the Planning Commission minutes, records, documents and exhibits as part of the record, seconded by Councilman Atkins and unanimously carried. Mayor Swain declared the public hearing open and invited anyone wish- ing to speak to come forward. Joe Arena, President of Shawmar, Inc., 9812 Cathay Circle, Huntington Beach, stated they are requesting approval for a zone change and tenta- tive tract map; they have reviewed the Planning Commission conditions and feel they can satisfy all of the requirements; and are prepared to move ahead with the project upon obtaining the necessary approvals from the City. There being no one else that came forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Gillanders, and unanimously carried. Councilman Atkins moved to approve the negative declaration of en- vironmental impact, seconded by Councilman Dennis and carried with Councilman Gillanders opposing. Councilman Gillanders felt the density of the project was not in keeping with the adjacent properties in the county. Council Minutes, May 15, 1984 - Page 4 City Attorney Martin introduced Ordinance No. 84 -548 for first reading by title only approving a zone change from R -1 to RPD for property located at 5444 Santa Anita Avenue. Councilman Atkins moved to waive further reading, approve Tentative Tract Map 43111 and Conditions to allow development of 13 single family homes subject to adoption of Ordinance No. 84 -548, seconded by Councilman Tyrell and carried with Councilman Gillanders opposing. B. PUBLIC HEARING: 7:30 P.M. - PROPOSED USE - REVENUE SHARING FUNDS City Manager Koski presented background information stating the City must, pursuant to federal law, hold a public hearing on the proposed use of revenue sharing funds for citizen input. A second hearing is required in conjunction with the adoption of the annual budget. The amount of general revenue funds to be discussed for fiscal year 1984- 85 is $128,000.00, and the appropriate notice was published. Mayor Swain declared the public hearing open and invited anyone wish- ing to speak to come forward. There being no one that came forward to speak, Councilman Tyrell moved to continue public hearing to June 19, 1984, City Council meeting in conjunction with the public hearing on the proposed 1984 -85 budget, seconded by Councilman Atkins and unanimously carried. 7. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Frank Nappi, 8711 Valley Boulevard, Rosemead, stated he would like the Temple City Council to investigate an alleged incident that occurred on December 15, 1981, wherein he stated that an officer of the Temple City Sheriff's Station robbed, abused and assaulted him. He stated further he had filed a complaint with the Sheriff's Depart- ment and Internal Affairs in a timely manner, but nothing had been done. Councilman Tyrell stated that Temple City contracts with Los Angeles County for law enforcement services; and for the City of Temple City to become involved in any manner, a complaint would have to have been filed within 100 days from the date of the incident; and inthe absence of such complaint the City Council has no authority to intercede in the matter. Lt. Bill Mangan, Temple City Sheriff's Station, stated Mr. Nappi has the right to take it up with any other governmental agency, the Department of Justice or State of California. He stated further he did not know what the disposition of the matter was but would be happy to take Mr. Nappi over to the Sheriff's Station to find out what the status of his case is. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting of May 1, 1984, 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. Council Minutes, May 15, 1984 - Page 5 11. MATTERS FROM CITY OFFICIALS: A. RESOLUTION NO. 84 -2269: TRANSFERRING CUSTODIAN OF PETTY CASH FUNDS Councilman Gillanders moved to adopt Resolution No. 84 -2269 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING CUSTODIAN OF PETTY CASH FUND, seconded. by Councilman Atkins and unanimously carried. B. PURCHASE OF STOVE & REFRIGERATOR FOR LIVE OAK PARK City Manager Koski presented a request from Parks and Recreation Director for the purchase of a stove and refrigerator for the kitchen at Live Oak Park. Councilman Tyrell moved to approve the request for the purchase of a new refrigerator and stove for Live Oak Park and approve appropriation of funds from the Equipment Replacement Fund to Parks and Recreation account, seconded by Councilman Atkins and unanimously carried. C. POLITICAL SIGNS City Attorney Martin reported to Council that in the matter of Taxpayers for Vincent vs. City of Los Angeles, which had been appealed to the U. S. Supreme Court, the Supreme Court did rule today and reversed the Circuit'''Courts opinion'holding that the Los Angeles City Ordinance was valid and that cities do have control over the political posting on public property including the public utilities. Councilman Tyrell moved that the City Attorney be directed to prepare an ordinance which is within the confines of the Supreme Court ruling, and submit to the Council, seconded by Councilman Gillanders and unanimously carried. D. EMERGENCY PHONE "9-1-1" Mayor Swain stated the use of the emergency phone number had en- countered a problem not previously anticipated in that if an estab- lishment has a central phone number originating in a different city, the law enforcement agency would locate the address by the central phone location. The same would be true with the School District which has one central phone at Longden for all the schools in the Temple City Unified School District. If one of the schools called the emergency number and did not give their address,the law enforce- ment agency would go to the Longden address where the central phone is located. 12. ADJOURNMENT: On motion by Councilman Dennis, seconded by Councilman Atkins, the meeting adjourned at 8:24 p.m. Next regular meeting of the City Council will be held Tuesday, June 5, 1984, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: