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HomeMy Public PortalAboutCity Council_Minutes_1984-06-05_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 5, 1984 INITIATION: 1. CALL TO ORDER: Mayor Pro Tem Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday., June 5, 1984, in the Council Cham- ber of the City Hall. 2. The invocation was given by Rabbi Alan Lachtman, Temple Beth David, 9677 Longden Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Atkins. 4. ROLL CALL: Present: Councilmen- Dennis, Gillanders, Tyrell, Atkins Absent: Councilmen- Swain Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett Councilman Tyrell moved to excuse Mayor Swain for cause, seconded by Councilman Gillanders and unanimously carried. PRESENTATION: Mayor Pro Tem Atkins presented Certificates of Recognition to George Fairman, Bruce Hotchkiss and Mickey Mistretta for their out- standing action in a time of stress in saving another man's life during a father /daughter Girl Scout outing. Their actions brought honor to the activities and lessons of Girl Scouting. Mary Manning, Unit Chairman for Girl Scouts of Temple City, also presented plaques to the fathers on behalf of the Girl Scouts. 5. CONSENT CALENDAR: Councilman Dennis requested Item B be removed from the Consent Calen- dar. On motion by Councilman Tyrell, seconded by Councilman Gillanders all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of May 15, 1984. Approved as written. C. ORDINANCE NO. 84 -548 (second reading) PROVIDING FOR A CHANGE OF ZONE FROM R -1 TO RPD (5444 N. Santa Anita Avenue) Waived further reading and adopted Ordinance No. 84 -548 AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR A CHANGE OF ZONE FROM R -1 TO RPD. D. PLANNING COMMISSION ACTION - MEETING OF MAY 22, 1984 Received and filed memo relating to action taken by the Planning Commission meeting. E. CLAIMS FOR DAMAGES: (1) HARRY E. CONRAD (2) KATHRYN M. ANDERSON Received claims for damages and denied and referred to JPIA. F. APPROVAL OF AMENDMENT ( #13) TO RUBBISH COLLECTION AGREEMENT - COMMUNITY DISPOSAL COMPANY Approved 13th Amendment to Agreement with Co►lu►iunity Disposal as prepared by City Attorney in accordance with Council instructions of their May 15, 1984, meeting. Council Minutes, June 5, 1984 -. Page 2 G. SET PUBLIC HEARING: STREET LIGHTING IMPROVEMENTS - McCLINTOCK AVENUE, GRAND AVENUE TO FAIRVIEW AVENUE (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) Accepted petition for street light installation; set public hear- ing for July 3, 1984; and instructed the Superintendent of Streets to notify the property owners involved. H. SET PUBLIC HEARING: STREET LIGHTING IMPROVEMENTS - IVAR AVENUE, GARIBALDI AVENUE TO HERMOSA DRIVE (Pursuant to Chapter 27, Im- provement Act of 1911, Streets and Highways Code) Accepted petition for street light installation; set public hear ing for July 3, 1984; and instructed the Superintendent of Streets to notify the property owners involved. I. CONFIRMATION OF AWARD OF CONTRACT: CDBG JOBS BILL - CURB, GUTTER AND SIDEWALK PROJECT (Portions of Hermosa, Sultana, Hart, Loma and Encinita) Confirmed award of contract to Frontier Concrete Construction Company in the amount of $87,0,33.66. J. RESOLUTION NO. 84 -2276 WARRANTS AND DEMANDS Adopted Resolution No. 84 -2276 A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $256,663.31 DEMAND NOS. 7755`THRU 7853. CONSENT CALENDAR ITEM B. RECOMMENDATION FROM PARKS AND RECREATION MEETING OF MAY 16, 1984: . REQUEST RECEIVED FROM SAN GABRIEL VALLEY OUTREACH FOR RESERVED USE OF TEMPLE CITY PARK FOR MUSICAL PRESENTA- TION BY INTERNATIONAL CHILDREN'S FRIENDSHIP TOURS Following questions from Councilman Dennis regarding the request re- ceived and clarification of dates from Parks & Recreation Director Kobett, Councilman Tyrell moved to approve use of Temple City Park b International Children's Friendship Tours on July 31, 1984, to present a concert from 12:00 noon to 1:00 p.m. subject to the required Certi- ficate of Insurance, seconded by Councilman Dennis and unanimously carried. 6. UNFINISHED BUSINESS: A. PROPERTY NUISANCE CASE 84 -110: 5032 ROSEMEAD (Continued from May 1, 1984, meeting)' City Manager Koski presented background information stating City Council at their regular meetings of April 3 and May 1, 1984, de- ferred action on the subject property nuisance to allow the property owner time to eliminate unwanted property and debris. Planning Director Shaw presented a video tape showing the present status of the yard and the amount of progress that has. been made which appeared to be nominal since the last video taping. Barry Waldrep, 5032 Rosemead Boulevard, requested an additional 30 days before final action is taken. Councilman Dennis stated it appears that Mr. Waldrep is trying to save a number of items that are important to him, however, a residen- tial area is not the place to store that large of an amount of materials and felt a 30 day limit should be set. Councilman Gillanders felt reluctant, since some progress has been made, to began formal abatement proceedings and consequential costs thereof. Councilman Tyrell felt there was a conflict in the Planning Commission directive regarding the stacking of pipe and fencing materials; that his back yard is not and, should not be used as a junk yard in a Council Minutes, June 5, 1984 - P residential area; the ,storage of all' :♦that material even if neatly stacked is not acceptable; in the pastrfew months that the matter has been continued with no significant progress being made; and was in favor of adopting a resolution with modifications ordering the abatement within 30 days. Mayor Pro Tem Atkins concurred with Councilman Tyrell's opinions and was in favor of ordering the abatement. Councilman Tyrell moved to adopt Resolution No. 84 -2275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF as modified to reflect "the clearing of property of all debris and materials to, eliminate the junk yard and resultant potential fire hazard and repair or removal of inoperative vehicles to be accomp- lished within 30 days" seconded by Councilman Dennis and unanimously carried. B. PUBLIC HEARINGS: 7:30 P.M. - STREET IMPROVEMENTS, VARIOUS LOCA- TIONS (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) (1) GOLDEN WEST AVENUE - EAST SIDE, LEMON AVENUE TO VAL STREET (2) LEMON AVENUE - NO. SIDE, CORALEE AVENUE TO KAUFFMAN AVE. (3) LEMON AVENUE - SO. SIDE, GOLDEN WEST TO EASTERLY CITY BOUNDARY (4) LEMON AVENUE - SO. SIDE, TEMPLE CITY BLVD. TO GOLDEN WEST AVE. (5) LEMON AVENUE'` 0. SIDE, ` GOLDEN WEST TO EASTERLY CITY BOUNDARY (6) LEMON AVENUE - NO. SIDE, GOLDEN WEST TO CORALEE AVE. City Manager Koski presented background information stating City Council had set public hearing for this evening regarding construc- tion of curb and gutter street improvements at varying locations on Lemon Avenue and a portion of Golden West, as listed above, which are among the few remaining unimproved streets in the City, Lemon Avenue having an inadequate drainage problem. The six various locations comprise a total of 42 property owners all of whom have received petitions and notification of this public hearing as follows: (a) A sufficient number (at least 60 %) of petitions were returned in favor of the project - Locations (4), (5), and (6) above. (b) If 50% of any block is already improved, Council may'order construction - Location (2) above. (c) If an insufficient number (less than 60 %) of petitions are not received, Council by its own motion may order the construction - Locations (1) and (3) above. Pursuant to Section 5876 of the Streets and Highways Code, Council may order the installation of improvements in each of the six lo- cations. In conformance to City Policy, the City assumes the entire engineering costs plus one -half of the construction cost of the curb and gutter and the property owner assumes one -half of the construction cost of the curb and gutter and the entire cost of construction of driveway approaches. The project has been consolidated to be able to obtain a lower cost estimate for the construction of the street improvements. Mayor Pro Tem Atkins declared the public hearing open and invited anyone wishing to speak to the issue to come forward. Donald Alpert, 9846 Lemon Avenue, stated he lives across from Palm Street Preschool producing a heavier traffic flow, and with no curbs or property line definition, there is a lot of dirt making parking difficult and felt the project would greatly improve the area and traffic conditions. Herbert Munson, 9733 E. Lemon, felt it was a large swampy area; was in favor of the construction; wondered how much it would cost and why it took the City 30 years to decide to do it. Council Minutes, June 5, 1984 - Page 4 Charlie Lear, 9716 Lemon, stated because there are no curbs and gutters to define what is a parking area and what is not a street, cars have parked overnight on lawns. He welcomed the construction and felt it was a great improvement. Dorothy Dettmer, 9652 Lemon, wanted to know how long it would take to complete construction and what the parking situation would be during construction. City Manager Koski stated that generally the parking restrictions would be relinquished and estimated it would take approximately 120 days. ,.. Howard Bucey, 6438 Golden West, stated the only reason he purchased 'mss property was because of the 40 to 50 year old Camphor trees in front of his house and was concerned if they would be saved. City Manager Koski assured Mr. Bucey that the healthy trees would be retained and the curbs would be designed to enable retention. Gertrude Cooper, 9816 Lemon, stated their street was not routinely maintained and felt she had to make calls to the City Hall for pot- hole repairs and maintenance. City Manager Koski stated the absence of curbs and gutters make maintenance more difficult and the City does need help from residents to call in when pot holes develop. ' Mrs. Shea, 9732 Lemon, wanted to know what her portion of the con- struction cost would be as did a number of other property owners in the audience. City Manager Koski stated all cost estimates were available and anyone interested, could obtain them after the meeting. There being no one else that came forward to speak, Councilman Gillanders moved to close public.hearing, seconded by Councilman Dennis and unanimously carried. Councilman Gillanders moved to find the projects to be in the best public interest; approve the Negative Declarations of Environmental Impact; order the construction and instruct the Superintendent of Streets to cause the 'work to be accomplished as to all six matters and to report on the improvements.when:the work is completed, seconded by Councilman Tyrell and un.aMiously`ea.rried. C. PUBLIC HEARINGS: 7:30 P.M. - STREET LIGHTING IMPROVEMENTS (Pur- suant to Chapter 27, Improvement Act of 1911, Streets and High- ways Code) (1) WORKMAN AVENUE, ALESSANDRQ AVENUE TO OAK AVENUE (2) ARDENEL AVENUE, 52QQ.BLOCK City Manager Koski presented background information stating City Council set public hearing for this evening regarding installation of one street light onmarbelite pole with overhead service at each of the above named locations. All property owners were contacted and petitions were returned with' the required percentage in favor of the installations. Mayor Pro Tem Atkins declared the public hearing open and invited anyone wishing to speak to come forward. There being no one that came forward to speak, Councilman'Gillanders moved to close public hearing, seconded by Councilman.Dennis and unanimously carried. • Councilman Tyrell moved to find the projects to be in the best public interest; approve the Negative Declarations of Environmental Impact; order the construction and instruct the Superintendent of Streets to cause the work to be accomplished on'Ardenel Avenue and Workman Ave; instruct the Superintendent cf Streets to initiate proceedings to 1 Council Minutes, June 5, .1984,,- Pa annex the area of Ardenel:Avenue, 5200 Block, into Zone A of the City Wide Lighting .District, seconded.liy Councilman Gillanders and unanimously carried. D. PUBLIC HEARING: 7:30 P.M. - LEVY OF FY 1984 -85 ASSESSMENTS - CITY-WIDE LIGHTING DISTRICT (1972 Landscape and Lighting Act) City Manager Koski presented background information referring to the Engineer's Report and staff memorandum dated May 8, 1984, which outlines the revenues and expenditures of the.City -Wide Lighting District. No change is proposed in the current assessment rates of $11.50 per dwelling unit in Zone A residential, and $3.50 per dwelling unit in Zone B residential, and 64.4 cents per front foot, commercial. However, since the levy of the assessment would be impacted by passage of the Jarvis initiative which is on the November ballot, City Manager suggested that after close of the public hearing this evening, the matter be continued to the June 19 City Council Meeting to enable the City Manager and Council to review the matter in greater detail at the Study Session of June 11. Mayor Pro Tem Atkins declared the public hearing open and asked for public comments on our lighting assessment district for 1984- 85. There being no one that came forward to speak, Councilman Tyrell moved to close'public,hearing and to continue the matter to 'the June 19 City Cddf til "Meeting+, 's'econded by Councilman Gillanders and unanimously carried. 7. NEW BUSINESS: None. I8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward to speak. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting of May 15, 1984; approved facade remodeling for K -Mart; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECOVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11. MATTERS FROM CITY OFFICIALS: A. REQUEST FOR ENCROACHMENT PERMIT: 10684 LORA STREET City Manager Koski presented background information stating Mr. Jack Sonnenburg has requested approval to encroach six (6) feet into the public right -of -way, to the rear of his property to construct a block wall adjacent to the sidewalk along El Monte Avenue. At the present time the City requires the property owner to maintain that area and allowing the construction of the block wall would facilitate the maintenance of this strip. Councilman Gillanders moved to approved the encroachment permit at 10684 Lora Avenue, subject to conformity of the Covenant Regarding Real Property, seconded by Councilman Dennis and unanimously - carried. Council Minutes, June 5, 1984 - P .). ge 6 B. ORDINANCE NO. 84 -549 POSTING OF SIGNS City Attorney Martin introduced Ordinance No. 84 -549 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4223 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE POSTING OF SIGNS for first reading by title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Gillanders and unanimously carried. C. PROPOSED AGREEMENT BETWEEN THE CITY OF TEMPLE CITY AND THE CENTER FOR THE STUDY OF LAW STRUCTURES AT CLAREMONT McKENNA COLLEGE FOR A STUDY OF "THE NO- PROPERTY TAX CITIES AND PROPOSITION 13" Councilman Gillanders stated pursuant to the passage of Proposition 13, property taxes are limited to 1% of the value of the property, however, even though all cities contribute this 1% to the county the 31 cities who did not have a municipal property tax at the time of passage are not allowed to share in the reallocation of the property tax. At the request of the City, the Center for the Study of Law Structures at Claremont McKenna College has prepared an agreement whereby the City will fund a grant to the College for a study to analyze the present distribution of revenue to no- property tax cities and to investigate alternative means of structuring revenue transfers. The study would be done in two phases. Phase 1 would be completed within 20 weeks at a cost of $15,000 after which time a "decision on Phase II would be considered. Councilman Dennis felt that if no other cities were participating, the agreement should contain a provision for Temple City to,have a proprietory interest. Councilman Tyrell moved to approve the agreement for a study of the No- Property -Tax cities and Proposition 13; authorize the Mayor Pro Tem and City Clerk to sign; appropriate funds in the amount of $15,000; and amend the adopted budget accordingly, seconded by Councilman Dennis and unanimously carried. D. CHAMBER OF COMMERCE REQUEST FOR SIDEWALK SALES City Manager Koski presented a request from the Chamber of Commerce to conduct their annual summer Sidewalk Sale on July 21, and also for businesses of K -Mart, Albertson's, Builder's Emporium, Payless,Shoes and Carousel Pet Shop to conduct a Sidewalk Sale on June 29, 30, and July 1 in conjunction with the Gold Miner Days Carnival. Councilman Dennis moved to approve the requests for the Sidewalk sales as outlined in the Chamber letter, seconded by Councilman Gillanders and unanimously carried. E. PURCHASE OF EQUIPMENT FOR LIVE OAK PARK With. Council concurrence, Councilman Tyrell moved to authorize the purchase of an ice machine for the kitchen; authorize the purchase of an outdoor speaker with the necessary wiring to accommodate a sound system for the patio; and amend the adopted budget accordingly, sec- onded by Councilman Gillanders and unanimously carried. 12: ADJOURNMENT: On motion by Councilman Dennis, seconded by Councilman Tyrell, meet- ing adjourned at 8:45 p.m. to a Study Session to be held on June 11, 1984, 7:30 p.m. in the City Hall to discuss: Schematic Designs for City Hall Remodeling; Lighting District Assessments; Holiday Decora- tions; Review Proposed Budget - FY 1984 -85; and Personnel Session - FY 1984 -85 Salaires /Benefits. The next regular meeting of the City Council will be held on June 19, 1984, in the Council Chamber of the City Hall. ATTEST: MAYOR PRO TEM