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HomeMy Public PortalAboutCity Council_Minutes_1984-11-06_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 6, 1984 INITIATION: 1. CALL TO ORDER: Mayor Swain called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, November 6, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by Roger Lockie, Minister of Christian Education, First Baptist Church of Temple City, 6019 Baldwin Avenue. 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 Direc- tor Shaw, Parks & Recreation Director Kobett, Public Works Coordinator Peterson, and Julie Estrada of the Temple City Times. PRESENTATION: Mayor Swain presented to William Mangan, Liaison Lieu- tenant, Los Angeles County Sheriff's Department, a Certificate of Recognition for his efforts and achievements in promoting an effective working relationship between the City and the Sheriff's Department. 5. CONSENT CALENDAR: On motion by Councilman Atkins, seconded by Councilman Tyrell, Items A through K on the Consent Calendar were approved as recommended. A. 'APPROVAL OF MINUTES - Regular Meeting of October 16, 1984. Approved as written. Councilman Gillanders abstained. B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING HELD OCTOBER 17, 1984: REQUEST FOR RESERVED USE OF TENNIS COURTS - TEMPLE CITY TENNIS CLUB Approved request from Temple City Tennis Club for reserved use of the Tennis Courts on Sundays from 7:00 a.m. to 12:00 Noon during 1985, subject to the required Certificate of Insurance and payment of $10 personnel fee for use of facilities on May 26, 1985. C. PLANNING COMMISSION ACTION MEETING OF OCTOBER 23, 1984. Received and filed memo relating to action taken by the Planning Commission at their regular meeting. D. AUTHORIZATION TO SOLICIT BIDS - PARKS AND RECREATION DEPARTMENT VEHICLE Authorized solicitation of bids for a 1985 vehicle in accordance with the adopted budget. E. ACCEPTANCE OF WORK: CONCRETE CONSTRUCTION PROJECT 83/84 -1 - WHEEL CHAIR RAMPS, BUS BENCH PADS, AND SIDEWALK /CURB & GUTTER RECONSTRUC- TION (Damon Construction Co.) Accepted work performed; authorized filing Notice of Completion; and authorized the payment of the 10°% retention in the amount of $3,913.65 at the end of the 35 -day lien period. F. SET PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION RE ZONE VARIANCE CASE NO. 84 -735 (9232 Live Oak Avenue) Set Public Hearing on November 20, 1984. Council Minutes, November 6, 1984 - Page 2 G. REVISION OF SALARY SCHEDULE FOR CROSSING GUARDS Approved revision of the hourly rate schedule for Crossing Guards to $4.50 - $4.75 - $5.00. H. CLAIMS FOR DAMAGES: (1) ERNEST MARCHOSKY (Traffic Collision) (2) WILLIAM C. STUART (Uprooted Tree) Denied and referred to JPIA. I. PROGRESS PAYMENT: STREET IMPROVEMENTS - CLOVERLY AVENUE ET AL (E.G.N. Construction, Inc.) Authorized progress payment to EGN Construction Co. in the amount of $52,020 for work performed under the contract. J. RESOLUTION NO. 84 -2313: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 84 -2313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. K. RESOLUTION NO. 84 -2314: WARRANTS AND DEMANDS Adopted Resolution No. 84 -2314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $277,709.10 DEMAND NOS 8594 THRU 8679. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. - REQUESTS FOR CHANGE OF ZONE FROM R -1 TO RPD AND TENTATIVE TRACT MAP 43189 TO ALLOW DEVELOPMENT OF A 22- UNIT SUBDIVISION OF DETACHED SINGLE FAMILY HOMES (Northwest Corner of Lower Azusa Road and Golden West Avenue) City Manager Koski presented background information stating the Planninc Commission at their regular meeting held October 9, 1984, approved and recommended that City Council approve a change of zone from R -1 to RPD and tentative tract map to allow development of a 22 -unit subdivision of detached single family homes located at the northwest corner of Lower Azusa Road and 4817 -4819 Golden West Avenue. The units would be two story taking access from two private drives located directly off Golden West. The lots vary from 3503 to 5068 square feet in area and the Com- mission determined that all setbacks as established for the R -1 Zone should be met and that the setbacks would be reviewed as a part of the Precise Plan approval process. An Environmental Impact Report has been prepared per the requirements of CEQA and has been certified by the Planning Commission. Councilman Tyrell moved to include all prior documentation, testimony and minutes of the Planning Commission meeting as part of the record, seconded by Councilman Atkins and unanimously carried. Responding to Council inquiry, Planning Director Shaw stated all the setback conditions have been met and Owen Construction has submitted a site plan verifying they can meet that criteria. Councilman Tyrell expressed his concern regarding the time table of events where the developer has the plans approved for quite some time and then has to change the radius of his streets at this stage of the development. He felt this was inappropriate and an imposition on the builder. Planning Director Shaw replied the radius of the street was a requirement placed on it by the Fire Department and the developer was aware of it prior to any public hearings. Mayor Swain declared the public hearing open and invited anyone wishing to speak to come forward. Council Minutes, November 6, 1984 - Page 3 1 1 1'• Michael Mangana, 9702 Naomi, Arcadia, one of the co- developers, stated they were in agreement with the staff report and findings and had pre- pared a plot plan verifying they meet all of the requirements. Robert Berlin, 1733 Hansen Drive, South Pasadena, one of the owners who has had the property for the past 50 years, felt the development was an excellent opportunity to clean up the area. There being no one else that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Dennis and unani- mously carried. City Attorney Martin introduced Ordinance No. 84 -554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR A CHANGE OF ZONE FROM R -1 TO RPD (RPD 84 -720) for first reading by title only. Council- man Tyrell moved to waive further reading, seconded by Councilman Dennis and unanimously carried. Councilman Tyrell moved to certify the Environmental Impact Report and approve Tentative Tract Map 43189 per the findings and conditions of approval as recommended by staff, seconded by Councilman Atkins and unanimously carried. Councilman Gillanders stated he still had concerns regarding the density of RPD zoning; he was present at the public hearing of the Planning Com- mission wherein two of the Commissioners opposed the development, and felt their opposition should be noted for consideration in future de- velopments. B. APPROVAL OF PLANS AND SPECIFICATIONS - CURB AND GUTTER PROJECT: LEMON AVENUE, GOLDEN WEST AVENUE, AND GREEN STREET City Manager Koski presented background information stating following public hearings City Council approved the requested curb and gutter con- struction on Green Street and portions of Lemon Avenue and Golden West. Pursuant to Chapter 27, and City Policy, the City was to share the cost of curb and gutters with property owners. The drive approaches would be paid entirely by the property owner. Estimated costs submitted by the Road Department at the time of the hearings were $15 per linear foot of curb and gutter, however, the original cost of construction estimates did not include removal of existing pavement and concrete, root pruning, or repaving, therefore an additional $42,592 budget adjustment is re- quired to meet the cost of the new construction estimates. There are no revised costs to the property owners. Councilman Tyrell moved to approve plans and specifications for street improvements on portions of Lemon Avenue, Golden West Avenue and Green Street; authorize staff to proceed with solicitation of bids; and auth- orize a tentative budget adjustment amount of $42,592 to Account 5000 to be confirmed at the time the bids are received, seconded by Council - man Atkins, and unanimously carried. C. ACCEPTANCE OF BID: IMPROVEMENTS TO NEW CITY HALL Councilman Tyrell moved to receive the bids and refer to an Adjourned Meeting of November 12, 1984, seconded by Councilman Atkins, and unani- mously carried. Councilman Dennis stated since he would be out of the City on November 12, he would submit his comments prior to his departure. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Bob Smith, 9421 Blackley, Temple City, stated he represents a group of property owners regarding part of a strip of land easterly of Alessandro Council Minutes, November 6, 1984 - Page 4 between Olive and Blackley, serving approximately six lots, which has been used as a public thoroughfare by both automotive and pedestrian traffic. This strip is owned by the County but not maintained by them and the County at this time is requesting to either sell it to the pro- perty owners by November 9 or the County will sell it at a public sale. The residents do not want to purchase the property and assume its lia- bility or maintenance as they feel it would be comparable to purchasing a City street since the strip of land is used as a public thoroughfare. They would appreciate if the City Council would take some kind of action. Councilmembers, City Attorney, and City Manager discussed the problem and the following issues were raised: 1) The property was not large enough to use as an alley or street; 2) The dilemma existed - a) assumption of ownership of the street would transfer the County's liability to the City taxpayers; b) not assuming ownership exposes the property owners to the dangers of unscrupulous purchasers. 3) The question of whether or not prescriptive easement rights exist - although prescriptive rights do not apply to the County as a public agency, the issue was raised whether the County acquired the property subject to pre- existing prescriptive rights. 4) A time problem existed in that the County intended to sell the property on the 9th of November if the property owners did not exercise their option to purchase it. Following further discussion, it was concluded that: 1) the title status be determined by the acquisition of a title policy; 2) the County be con- tacted requesting them to delay the sale of the property; and 3) after the title policy is received, a meeting between the City Attorney, City Manager and home owners be held to discuss \the alternatives available. Wilbur Wagner, 4941 Sereno, requested Council to waive the requirement of putting up a bond for tearing down an existing garage prior to con- struction of a new one. This requirement would tie up his funds which he needs for materials. Planning Director Shaw clarified that the code requires the existing garage remain until a new garage is erected. In lieu of that require- ment, a Certificate of Deposit or some assurance such as a bond be posted which would allow the property owner to remove the garage first and that insures completion of construction during the specified period of time. City Attorney Martin inquired of Mr. Wagner if he was willing to file a lien against his property in favor of the City instead of the bond which would also require the new construction to be completed within a specified period of time. Mr. Wagner stated he was. Councilman Tyrell moved that in lieu of a Certificate of Deposit or bond, the City will place a lien on the property in the sum of $4,000 which would be surety for the completion of the garage within 120 days of signing the agreement, seconded by Councilman Atkins and unanimously carried. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting of October 16, 1984; denied the request for a. roof sign for Elliot's Freefall; aproved the Parking Lot Leas( Agreement; approved signage for King Arthur Pizza; approved the 1984 -85 budget; approved request for Christmas tree sales at the SW corner of Rosemead and Las Tunas; 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. 1 Council Minutes, November 6, 1984 -.page 5 11. MATTERS FROM CITY OFFICIALS:'~ A. HONORARY MEMBERSHIP - HAWKESBURY SHIRE COUNCIL Councilman Gillanders stated in communication to us from Hawkesbury Shire, a notice of motion was put forward conferring honorary mem- bership of the Hawkesbury Shire Council on the Councilmen of Temple City as an added effort to actively pursue the Sister City relation- ship. Councilman Gillanders moved that Temple City City Council adopt a similar resolution extending the same courtesies to the members of the Australian Council, seconded by Councilman Atkins and unani- mously carried. B. City Attorney Martin stated some months ago he filed his resigna- tion with this City Council for the position of City Attorney. During the interim due to events that have occurred, he is now requesting Council's authorization to withdraw that resignation. Councilman Tyrell moved to authorize City Attorney Martin to withdraw his letter of resignation and approve his reinstatement as City Attorney of Temple City, seconded by Councilman Dennis and unanimously carried. C. Councilman Atkins referred to communication from Councilman Harvey Holden asking member cities of San Gabriel Valley Association to pass a resolution to be forwarded to the Coastal Commission to in- sure that there are adequate launching ramps and boating facilities included in the project.•r Councilman Atkins moved to adopt Resolution 84 -2315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY SUPPORTING PUBLIC RECREATIONAL OPPORTUNITY AT BOLSA CHICA, seconded by Councilman Gillanders and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Atkins, the meeting adjourned at 8:40 p.m. The next regular meeting of the City Council will be held on November 20, 1984, in the Council Chamber of the City Hall. ATTEST: