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HomeMy Public PortalAboutCity Council_Minutes_1977-04-05_Regular 1977CITY OF TEMPLE CITY CITY COUNCIL MINUTES APRIL 5, 1977 INITIATION: 1, CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, April 5, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Councilman Gilbertson. a. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: Present: Councilmen- Dennis ,Gilbertson,Merritt,Greenberg. Absent: Councilmen- Tyrell Also Present: City Manager Koski, City Attorney Martin, Assistant. City Manager Biel, Parks and Recreation Director'. Kobett Councilman Gilbertson moved to excuse Councilman Tyrell for cause, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: Mayor Greenberg requested correction of error under Item #15 stating 'Mayor Gilbertson'. Councilman Dennis moved to approve the minutes of the regular meeting held March 15, 1977, as corrected, seconded by Councilman Merritt and carried. UNFINISHED BUSINESS 6. ORDINANCE NO. 77 -447: 2nd read. GUIDELINES FOR DISSEMINATION OF CRIMINAL OFFENDER RECORD INFORMATION City Attorney Martin presented Ordinance No. 77 -447 AN ORDINANCE OF THE CITY OF TEMPLE CITY AUTHORIZING THE USE OF. CRIMINAL HISTORY INFORMATION IN CERTAIN INSTANCES RELATING TO EMPLOYMENT, LICENSING, OR CERTIFICATION for second reading by title only. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 7. PUBLIC HEARING: 7:30 p.m. REVENUE SHARING,FUNDS City Manager Koski presented background information, stating pursuant to Public Law 94 -488, effective January 1,1977, recipient governments for general revenue sharing funds are required to hold a public hear- ing prior to budget adoption on the government's planned use of sharing revenues in relation to the entire budget. Payment for fiscal] year 1976 -77 of Entitlement Period 8 funds will be approximately $68,836 which will require a budget amendment. Notice of Public Hearing was published in Temple City Times stating the entitlement for 1976 -77 in the amount of $68,836 will be expended on Public 'Safety Mayor Greenberg declared the public hearing open. There being no further staff report, anyone in the audience was invited to speak. There being no one wishing to speak to the issue, Councilman Merritt . moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Merritt moved to find Entitlement Period 8 allocation in . the amount of $68,836 will be expended on Public Safety and amend the adopted budget accordingly, seconded by Councilman Gilbertson and carried. Council Minutes, April 5, 1977 - Page 2 AMENDMENT TO CETA, TITLE VI AGREEMENT City Manager Koski presented background information stating the County of Los Angeles has approved an extension of the,funding under the comprehensive Employment and Training Act, Title VI, , 1977 through September 30, 1977 and has asked the _. t co Pn grove an amendment to the agreement. Com:n.c :In Gilbertson moved to approve amendment to Agreement as suir, ed and authorize the Mayor to sign, seconded by Councilman Mer ,.r=.i. : and carried. 9. LOTTO " i7USA ROAD, ET AL - CAMELLIA AVENUE TO Et MONTE AVENUE PRO T_C UO. 4288 City Manager Koski presented background information, stating the o County Road Department has submitted cooperative agreement for the reconstruction of Lower Azusa Road, with resolution consenting to the establishment of portions of Lower Azusa Road within the city as a part of the system of highways of the County for the purpose of road construction. The agreement details the shares required with the City utilizing FAU funds in the amount of $631,200, TOPICS funds in the amount of $43,542 and Local Gas Tax funds in the amount of $85,758. Actual project costs will be reconciled upon completion of the project. Councilman Gilbertson moved to adopt Resolution No. 77 -1620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF- PORTIONS OF LOWER AZUSA ROAD, BALDWIN AVENUE AND EL MONTE AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES, and to approve Cooperative Agreement and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. NEW BUSINESS: 10. APPEAL FROM TRAFFIC COMMISSION DECISION RE: OVERNIGHT PARKING PERMIT City Manager Koski presented background information, stating the Traffic Commission, at their regular meeting of March 2, 1977, reviewed application of Ronald Garbez, 6051 Reno Avenue, for an over- night parking permit. The applicant has five vehicles, a tenant has one, and it was the consensus of the Traffic Commission that the con- figuration of the driveway area would provide for parking of six vehicles without undue hardship on the parties involved. Applicant appealed Traffic Commission decision within the prescribed period of time. Mr. Charles Berkemeier, 6051 Reno Avenue, stated the only way they could park two vehicles in the garage and four vehicles on the drive- way area would be to move a play house belonging to his tenant which would destroy the yard area; that his rental does not have a garage,,, and it is an obligation to at least provide a parking space for the, tenant. Councilman Gilbertson stated granting a permit for one vehicle still does not alleviate the problem of overhanging the right -of -way; the applicant has demonstrated a willingness to move cars constantly in order to keep them off the street; that the situation is unique in that two families are involved and the juggling of cars does not involve one family having a common set of keys. Councilman Merritt observed that the two cars parked in the garage are actually being stored; he personally does not feel overhanging the right -of -way is a problem as the parkway is covered with ivy and not used as a pedestrian path. Councilman Dennis stated the configuration of the driveway is unique and he would be in favor of granting a permit. Council Minutes, April 5, 1977 - Page 3 Mayor Greenberg stated he was not sure which situation created the most hazardous condition, cars parked on the street or encroaching into the right -of -way forcing pedestrians to move out and around; he felt sufficient space is available to park six vehicles; and that the property owner might consider storage of the vehicles in the garage at another location to allow use of the garage. In view of the fact that Council opinion was split, the matter was continued until Councilman Tyrell's arrival. 11. SET PUBLIC HEARING: STREET IMPROVEMENTS - INSTALLATION OF STREET LIGHTS, GREEN STREET, GLICKMAN AVENUE TO EASTERLY TERMINUS (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways. Code) City Manager Koski presented background information, stating the City received a petition requesting installation of four 7,000 lumen street lights on existing wood poles on the north side of the street only, representing 65.57 of the front footage of the block, with 62% of the property owners for the same front footage. Estimated assessments were provided for installation and energy and maintenance: costs pursuant to Council policy. Councilman Gilbertson moved to accept the petition, certify the Negative Declaration of Environmental Impact, set public hearing May 3, 1977 pursuant to Chapter 27, Streets and Highways Code, and to instruct the Superintendent of Streets to notify the property owners, seconded by Councilman Merritt and carried. 12, RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION A. REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK - SEQUOIA UNION SCHOOL DISTRICT City Manager Koski advised the Parks and Recreation Commission, at their regular meeting held March 16, 1977 reviewed request for the use of facilities at Live Oak Park from Sequoia Union School District; in Lemoncove, California during their visit to industries and other educational /recreational facilities in the area and recommended to City Council the request be approved. Councilman Gilbertson moved to approve request from the Sequoia Union School District for the use of Live Oak Park facilities on May 18 and 19, 1977, on a fee -free basis, subject to the required certificate of insurance, seconded by Councilman Merritt and carried. B. OFFER OF DONATION - TEMPLE CITY HOST LIONS CLUB City Manager Koski advised the Parks and Recreation Commission, at their regular meeting held March 16, 1977 received a check in the amount of $125 from the Temple City Host Lions Club for the pur- chase of candy and prizes for the Annual A11 -City Easter Egg Hunt scheduled April 9, Live Oak Park. Councilman Merritt moved to accept the donation of $125 from the Temple City Host Lions Club, with appreciation, seconded by Councilman Gilbertson and carried. C. REQUEST FOR USE OF,TEMPLE CITY PARK - TEMPLE CITY Y.M.C.A. INDIAN PRINCESSES City Manager Koski advised the Parks and Recreation Commission, at the special meeting held March 28, 1977 reviewed request from the Temple City Y.M.C.A. Indian Princesses for the use of a portion of Temple City Park from 11:30 a,m. to 3:00 p.m. Saturday, April 16 to present a Costume Review, and recommended to City Council the request be approved. Councilman Gilbertson moved to approve request from Temple City Y.M.C.A Indian Princesses to conduct a Costume Review Saturday, April 16, 11:30 a.m, to 3:30 p.m., subject to the conditions of park use and the required certificate of insurance, seconded by Councilman Dennis and carried. Council Minutes, April 5, 1977 - Page 4 :13. RESOLUTION NO. 77 -1621: EMPLOYMENT OF PERSONNEL Councilman Merritt moved to adopt Resolution No. 77 -162.1 A RESO- LUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Dennis and carried, Councilman Gilbertson abstaining. 14. RESOLUTION NO. 77 -1622: WARRANTS & DEMANDS, Demand Nos. 6220 thru 6371 in the amount of $121,829.22 Councilman Merritt moved to adopt Resolution No. 77 -1622 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $121,829.22, DEMAND NOS. 6220 THRU 6371, seconded by Councilman Dennis and carried, Mayor Greenberg noting his non - participation with respect to check number 6346. 15 COMMUNICATIONS: A. Charles Parker re: Request to apply for Business License to establish a Hypnosis Self- Improvement Center City Manager Koski presented a letter from Charles Parker requesting a Business License to conduct a Hypnosis Self- Improve- ment Center. The Temple City Municipal Code, Section 4809, states it is a misdemeanor to receive a fee for practicing hypnotism within the City. Staff contacted area cities; four of those con- tacted prohibit hypnotism operations; four do not prohibit, but do require a permit. The City of Pasadena was contacted and it was learned they are experiencing problems. In checking with the California Board of Medical Examiners, it was learned the behavior modification areas described in Mr. Parker's letter could only be performed by a licensed psychologist. In view of the fact Mr. Parker was not in attendance to answer any questions Council might have, Councilman Gilbertson moved to receive and file communication from Mr. Parker, seconded by Councilman Merritt and carried. 16 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: The City Council recessed at 8:03 p.m. to meet as the Community Rede- velopment Agency, Mr. Tyrell being absent; approved the minutes of the regular meeting held March 15, 1977; adopted resolution approving warrants and demands; and accepted the Agency parking lot and authorize payment and filing of Notice of Completion and release of the 10% retention at the end of the 35 -day lien period. The minutes are set forth in full in the record of the Agency. Councilman Tyrell arrived at 8:07 p.m. RECONVENE AS CITY COUNCIL: 17. ACTION ON REQUEST BY CRA: There was no action to be taken.. 10. APPEAL FROM TRAFFIC COMMISSION DECISION RE: OVERNIGHT PARKING PERMIT, CONTINUED CaLincil.continued discussion relating to the appeal for overnight parking permit for one vehicle at 6051 Reno Avenue, with prior discussion briefly outlined for Councilman Tyrell's consideration Mr. Berkemeier further stated his tenant has control of the park- ing area alongside the garage; that part of his agreement with the tenant allows this parking area in lieu of a garage. Council Minutes, April 5, 1977 - Page 5 Councilman Tyrell stated his feeling is the situation is only a matter of inconvenience of moving the car out of space #6 on the diagram; that he does not feel he would be in favor of granting the overnight parking permit; however, in view of the fact he was not here to hear all of the testimony and discussion, he would have to abstain. Councilman Merritt moved to deny request for overnight parking permit, seconded by Mayor Greenberg, and decision was split 2 -2 on a roll call vote: ROLL CALL: AYES: Councilmen - Merritt, Greenberg NOES: Councilmen- Dennis, Gilbertson ABSTAIN: Councilmen - Tyrell City Attorney Martin advised that the split decision leaves the Traffic Commission decision stand. 18. MATTERS FROM CITY OFFICIALS: A. City Manager Koski presented request for the City Treasurer to attend the 18th Annual Seminar of the California Municipal Treasurer's Association to be held in Newport Beach, April 26 -29. Councilman Gilbertson moved to approve request and authorize the attendant expenses, seconded by Councilman Merritt and carried. B. Budget Transfer - Office Equipment Replacement City Manager Koski advised that posting tray in the Finance Department is no longer usable and cannot be repaired; funds were not budgeted in 1976 -77 capital expenditures, however sufficient funds are available in the special departmental supply account. Councilman Merritt moved to approve transfer of $65 from account 1341, Operating Expenses, to account 1385, Capital Outlay, and amend the adopted budget accordingly, seconded by Councilman Dennis and carried. C. Formation of Business Development Association City Manager Koski advised the Planning Commission held a study session March. 22, 1977 and discussed the formation of a committee or association that would work on the development of the business district; it was felt the formation of such.a group was timely as this topic was brought up at the recent City Seminar. They felt such a group should be independent, working closely with the Chamber of Commerce and City officials; that in its initial stage, the formation should be supported by the City. Planning Commission recommended the City Council encourage and support the formation of a Business Development Association; that the association include representatives from businesses on Las Tunas Drive, Temple City Boulevard, Rosemead Boulevard and Lower Azusa. Road, Chamber of Commerce, residents, and Planning, Traffic and Parking Commissions; that the City Council initiate action to invite these parties to a general meeting for the purpose of formation of a Business Development Association. Councilman Gilbertson stated he is totally in support of the con- cept of such a city committee, however does not feel the City should support it financially, although we could render clerical . support, and that a business development association should be totally independent. In answer to Council's question regarding appointment of commis- sioners to such an association, City Attorney Martin advised that if Council made appointments, they may be subject to the Brown Act.. Jerry Seibert, 6148 Hart, Planning Commissioner; stated the'Planning Commission was also concerned with representation of City Commis sions and for that reason, was hesitant of asking Councilmembers Council Minutes, April 5, 1977 - Page 6 to serve because it could become a city project. Their idea was the association would not look to the City for financial help other than use of the copy machine, perhaps some mailing, and staff support. In their discussions with the Chamber of Commerce, they felt the input of the three commissions was neces- sary because planning, parking and traffic would be a part of any development. Councilman Gilbertson stated that was expressly his concern; the group may take a commission representative's personal opinion as an expression of how a commission will act upon any application. Councilman Dennis felt it would be more appropriate for the association to use the commissions as a resource without spe- cific representation. Councilman Tyrell felt the association is something that should be initiated through the Chamber of Commerce; that business promotion is the role of the Chamber. Tom Atkins, 5434 Cambury, Planning Commissioner, stated the Chamber of Commerce' position was to try to get a broad base of the community, rather than one segment, that of the business people. Mr. Kenneth Gillanders, 4831 Ryland Avenue, stated the revitali- zation of the business community was one of the first priorities at the recent seminar and a coordinating council was initiated and it seems to be a duplication to form another organization. Mr. Harlos Gross, 6424 Golden West, stated the Chamber of Com- merce is interested in the whole community and the economic development of business in the City, but they are looking for support from the City Council and Commissions. Marianne Milch, Chamber of Commerce Manager, stated the Chamber was aware the City has done the first stages of research; that the Chamber was not taking a formal stand, but was looking for direction. Councilman Gilbertson moved the City Council go on record as strongly encouraging the formation of a Business Development Association and encouraging participation by a broad section of the business and residential community and others of interest, as an independent body to look into the economic development of Temple City, seconded by Councilman Dennis and carried. D. City Manager Koski advised the Parks and Recreation Commis- sion, at their special meeting held March 28, 1977, requested a Study Session with the City Council to discuss use of Proposition 2 funds. Joint Study Session with the Parks and Recreation Com- mission was set April 19, 1977 immediately following the regular meeting of the City Council. E. City Manager Koski presented Agreement between City and American Little League of Temple City, Inc. for the construction of a concession stand at Live Oak Park. Councilman Gilbertson moved to approve the agreement and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. F. Councilman Gilbertson advised the San Gabriel Valley Associa- tion'of Cities has scheduled a workshop on County Reform April 16 1977. Councilman Gilbertson also advised he met with League of California Cities Director, Chairman of the County Economy and Efficiency Task Force and other community representatives March 24 to assist the Economy and Efficiency Task Force in developing their report on County functions. 1 Council Minutes, April 5, 1977 - Page 7 Councilman Gilbertson presented a resolution supporting Ventura County's withdrawal from Southern California Association of Governments. Council indicated their collective support of such a resolution and will be placed on the April 19, 1977 agenda for Council action. G._ Councilman Merritt reported that Contract Cities Legislative Committee has succeeded in having some legislators withdraw their support of SB 287 which would rescind those sections of the Gonsalves Bill adopted three years ago which reduced costs for contract services from the County. H. Mayor Greenberg advised the personal safety program initiated the last week of March had a good reception and requests are being received for additional showings of the films. 19. ADJOURNMENT: On motion by Councilman Gilbertson, seconded by Councilman Dennis, meeting adjourned to an Executive Session at 9:23 p.m. to discuss litigation between City of Temple City and outdoor advertising firms with the City Attorney. Next regular meeting of the City Council will be held Tuesday, April 19, 1977, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: IIGUti U 6--itx_/ Chef Deputy City Clerk 1 MAYOR