HomeMy Public PortalAboutCity Council_Minutes_1978-02-07_Regular 19781
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
FEBRUARY 7, 1978
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to
order at 7:38 p.m. on Tuesday, February 7, 1978, in the Council
Chamber of the City Hall.
2. The invocation was given, by Reverend Harvey T. Booher, First Southern
Baptist Church, 4856 Golden West Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen - Atkins, Dennis, Greenberg, Tyrell, Merritt
Councilmen -None
City Manager Koski, City Attorney Martin, Planning
Director Dragicevich, Parks and Recreation Director
Kobett, Regional Engineer Gordon Kriegel, Lt. Richard
Wallace • representing Sheriff's Department, Traffic
Engineer Envall, Marie Evitt, Temple City Times.
At this time, on behalf of the City Council, Mayor Merritt presented a
plaque to Miss Beth Jacobs, Miss Temple City_ for 1977 and a 1978 Rose
Princess, in appreciation for her fine representation on behalf of Temple
City, Miss Jacobs expressed her thanks to the Council.
Mayor Merritt announced the appointment of Mrs, Flora Burlingame to the
vacancy on the Parks and Recreation Commission created by the resignation
of Ralph Haug, which term. expires June 30, 1978. Councilman Tyrell moved
to confirm the appointmenti seconded by Councilman Greenberg and carried.
5. APPROVAL uP MINUTES;
Councilman Greenberg requested the motions'approving projects listed
as. Items 7 and 8 in the Council minutes of January 17 be corrected
to clarify:the Council established .a cost limit for the respective
projects and adopted a policy to•rebate 2570 to those property owners
who.pay their fu7,1 assessment within0 days_ following the assessment
hearing..
Councilman Dennis moved.to approve the. minutes of the regular City
Council meeting held January 17,1978, as corrected, seconded by
Councilman Atkins and carried.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 77 -454: 2nd read. AMENDING ZONING CODE RELATING TO
CORNER & SUBSTANDARD LOT FRONT SETBACKS
City Attorney Martin presented Ordinance No. 77 -454 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADOPTING SECTION 9119(L)(9)(A) OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO FRONT YARDS for second reading by
title only. Councilman Atkins moved to waive further reading and
adopt, seconded by Councilman Greenberg and carried.
7. ORDINANCE NO. 77 -456: 2nd read. RELATING TO INFRACTIONS
City Attorney Martin presented Ordinance No. 77-456 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADDING A NEW SECTION 1200A TO THE TEMPLE
CITY MUNICIPAL CODE RELATING TO INFRACTIONS for second reading by
title only. Councilman Atkins moved to waive further reading and
adopt, seconded by Councilman Dennis and carried.
Council Minutes, February 7, 1978 - Page 2
8. PUBLIC HEARING: 7:30 p.m. ADOPTION BY REFERENCE NEW EDITION OF LOS
ANGELES COUNTY BUILDING LAWS:
A. Building Code - Ordinance No. 78 -457
B. Mechanical Code - Ordinance No. 78 -458
C. Plumbing Code - Ordinance No. 78 -459
D. Electrical Code - Ordinance No. 78 -460
City Manager Koski presented background information stating the
City Council, at their regular meeting held January 17, 1978, held
first reading of Ordinances No. 78 -457, 78 -458, 78 -459, and 78 -460
relating to building, mechanical, plumbing, and electrical codes
and set public hearing for February 7, 1978. The revised codes, were
adopted by the County Board of Supervisors on August 25, 1977; no new
County Electrical Code has been proposed, however the County Engineer
recommends that the new electrical fees be considered for adoption.
Mayor Merritt declared the public hearing open. There being no one
to speak to the subject, Councilman Tyrell moved to close the public
hearing, seconded by Councilman Dennis and carried.
On question by City Attorney Martin, Gordon Kriegel stated his name
and his position as being Regional Engineer with the County of Los
Angeles, and answered in the affirmative that he is responsible for
the administration of the City building laws, that he is thoroughly
familiar with the amendment to the model codes, and that these
amendments are necessary due to the local conditions.
In answer to questions by City Council, Regional Engineer Kriegel
stated that Table.3 -A refers to the new fee schedule for building
permits and plan checking which are included in the revised building
code. Proposed building permit and plan checking fees are to be
150 %.of the fees as contained in Table 3 -A, To recovered their costs,
all contract cities operate on the same basis. The County Engineer
recommends that the City adopt the fee schedule for mechanical and •
plumbing permits as contained in the respective codes; that .he is
endeavoring to have all contracting cities on the same fee schedule
thereby being able to imprint the fee schedule on the county form
which is handled by mail.
City Attorney Martin presented Ordinances NO. 78 -457 AN ORDINANCE
AMENDING ORDINANCE NO. 75 -410 OF THE CITY OF TEMPLE CITY BY ADOPTING
BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE AND AMENDMENTS AS
IN THE 1977 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED
BY THE BUILDING NEWS, INC. FOR AND INSTEAD OF THE PRESENT BUILDING
CODE AND MAKING OTHER AMENDMENTS: NO. 78 -458 AN ORDINANCE AMENDING
ORDINANCE NO. 75 -411 OF THE CITY OF TEMPLE CITY BY ADOPTING BY
REFERENCE THE LOS ANGELES COUNTY MECHANICAL CODE AS CONTAINED IN THE
1977 EDITION OF THE LOS ANGELES. COUNTY BUILDING LAWS PUBLISHED BY THE
BUILDING NEWS, INC. AND INCLUDING THE APPENDIX THERETO AND MAKING
OTHER AMENDMENTS: NO. 78 -459 AN ORDINANCE AMENDING ORDINANCE NO. 75 -413
OF THE CITY OF TEMPLE CITY BY ADOPTING BY. REFERENCE THE LOS ANGELES
COUNTY PLUMBING CODE AND AMENDMENTS AS CONTAINED IN THE 1977 EDITION
OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS,
INC, AND INCLUDING APPENDICES A, B, C, G AND I AND MAKING OTHER AMEND-
MENTS; AND NO. 78 -460 AN ORDINANCE AMENDING ORDINANCE NO. 75 -412 OF
THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE LOS ANGELES COUNTY
ORDINANCE NO. 11558 for second reading by title only. Councilman Atkins
moved to waive further reading and adopt, seconded by Councilman Green-
berg and carried.
9. PUBLIC HEARING: 7:30 p.m. AMENDMENT TO TEMPLE CITY ZONING CODE RELATI
TO OUTDOOR ADVERTISING STRUCTURES
City Manager Koski presented background information, stating the
City Council, at their regular meeting held November 15, 1977, con-
curred with Planning Commission resolution clarifying an ambiguity
relating to prohibition against outdoor advertising structures in
the C -2 and C -3 zones and referred the matter back to the Planning
Commission for public hearing on amendment to the Zoning Code. Plan-
ning Commission held public hearing and adopted a resolution recommending
amendment to Section 9329 of the Zoning Code relating to outdoor
advertising structures. The proposed amendment is categorically exempt
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Council Minutes, February 7, 1978 Page 3
from the provisions of the California Environmental Quality Act
of 1970, as amended. City. Council, at their regular meeting held
January 3, 1978, set publicfhearing'on =this matter for February 7.
Mayor Merritt declared the public hearing open. There being no
one to speak to the subject, Councilman Atkins moved to close public
hearing, seconded by Councilman Greenberg and carried.
City Attorney Martin introduced Ordinance No. 78 -461 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 9329 OF THE ZONING CODE
RELATING TO OUTDOOR ADVERTISING STRUCTURES for first reading by title
only. Councilman Tyrell moved to waive further reading, seconded by
Councilman Dennis and carried.
10. PROPOSED ORDINANCE RELATING TO BINGO
1
City Manager Koski advised that pursuant to Council request the City
Attorney has prepared a proposed ordinance for first reading enacting
a bingo ordinance, which as proposed incorporates by reference Penal
Code Section 326.5 and Los Angeles County ordinance 5860. The County
ordinance is very explicit as to the types of organizations to be
permitted to conduct Bingo games; requires game to be operated by a
manager who would be licensed and bonded, all of which reflects the
type of control Council had discussed.
Mayor Merritt stated the County ordinance is the type of ordinance
he believes the City would be interested-in however he feels'it is too restrictive.
Councilman Greenberg stated he has some serious question concerning
the need for the proposed ordinance:. He has had. a number of comments
from people he has -been in.:contact with opposing such an ordinance
and has not received any .favorable comments. He. feels strongly
that Temple City may not want to legalize Bingo.
Councilman Atkins advised he had contacted the Registrar of Voters
office and was advised when the issue was on the state ballot, voters
in Temple City cast some 6,000 in favor` and some 3,000 opposing, which
he would interpret as indicating there is some interest in having
Bingo in Temple City.
Councilman Tyrell stated an enabling ordinance would allow some church,
school and service organizations to conduct Bingo games in order to
make some money and have some.fun;. he does not feel it would start
a criminal crises in the City..
Councilman Dennis stated .it concerns him that the type of organization
permitted to. conduct Bingo under the ordinance is required to have a
bonded manager; he feels the ordinance as written is too restrictive,
and the organizations will not-want to get involved.
Councilman Tyrell moved to waive further reading. Motion died for lack
of second, as it was Council consensus the City Attorney prepare an
ordinance similar to.some of the other surrounding cities for comparison
in that the ordinance presented is too restrictive.
Councilman Dennis moved to continue the matter to February 21, 1978,
seconded by Mayor Merritt and carried.
11. APPROVAL OF AGREEMENT: ENGINEERING SERVICES FOR STREET IMPROVEMENTS
A. ALESSANDRO AVENUE, LIVE OAK TO BROADWAY
B..HALIFAX STREET, FREER TO KEY WEST
City Manager Koski advised the formal Engineering Services Agreement
with Valcon, Inc. to perform engineering services for design and
preparation of plans and specifications for construction of curb,
gutter and driveway improvements on Alessandro Avenue and Halifax
Road has been completed pursuant to Council authorization to negotiate
said agreement.
Councilman Greenberg moved to approve and authorize the Mayor and
City Clerk to sign, seconded by Councilman Atkins and carried, Council-
man Tyrell abstaining.
Council Minutes, February 7, 1978 - Page 4
NEW BUSINESS:
12. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of January 24, 1978
ADMINISTRATIVE CORRECTION OF ORDINANCE NO. 77 -452 RE: OVERWEIGHT
COMMERCIAL VEHICLES
City Manager Koski advised the Planning Commission, at their regular
meeting held January 24, 1978, recommended to the City Council an
administrative correction to Ordinance No. 77 -452 relating to over-
weight commercial vehicles. Captain Hansen of the Temple Station
had directed the Commission's attention to section "d" which refers
to "unladen gross weight ", advising it should state either "unladen"
or "gross" but not both.
Councilman Atkins moved to strike the word "gross" from section "d"
of Ordinance No. 77 -452, seconded by Councilman Greenberg and carried.
13. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of February 1, 1978
A. ADOPTION OF CURRENT COUNTY TRAFFIC ORDINANCE NO. 6544
City Manager Koski presented background information, stating the
Traffic Commission, at their regular meeting held February 1, 1978,
reviewed all of the numbered revisions of County Traffic Ordinance
No. 6544 which became effective January 27, 1978 and recommended to
City Council adoption by reference. Chapters VI and X are basically
a duplication of provisions in the Temple. City Municipal Code and
staff would recommend they be deleted,
City Attorney Martin introduced Ordinance No. 78 -462 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING PART A OF. CHAPTER 3 OF ARTICLE III
OF THE TEMPLE CITY MUNICIPAL CODE for first reading by title only.
Councilman Tyrell moved to waive further reading and set public hearing
February. 21, 1978, seconded by Councilman Atkins and carried.
B. ENCINITA AVENUE AT LAS TUNAS. DRIVE - Addit,ional Regulations
City Manager Koski presented background information, stating the
intersection of Encinita Avenue and Las. Tunas Drive was investigated
by the Traffic Engineer pursuant to a petition from residents in the
vicinity for a left turn pocket for northbound vehicles. Traffic
Engineer recommended placement of red curb on the east side of
Encinita Avenue from the existing red ,curbing 54 feet south of the
south curb line of Las Tunas Drive, for 65 feet; and add a north -
bound lane line 10 feet west of the west curb line of Encinita Avenue
to a point 115 feet south of the south curb -line of Las Tunas Drive,
advising that in this manner, the existing loops will fit into both
lanes of traffic and will provide storage for left, through, and
right turning traffic at the intersection. Traffic Commission
concurred with the recommendation.
Councilman Tyrell felt that either a left turn only lane, with #2
lane designated to go either straight or right turn, or .a left
and right arrow in the respective lanes would be appropriate.
Mayor Merritt stated pavement arrows would restrict traffic flow
without a left turn lane and operators would feel obligated to
stay in one lane or the other which he feels would create confusion.
Traffic Engineer Envall stated he saw no complication with d ouble
arrow markings which would allow the motorist a choice.
Councilman Tyrell moved to approve Traffic Commission recommendation
subject to two arrow pavement markings for left and right turns in
the respective lanes, seconded by Councilman Atkins and carried,
Mayor Merritt noting his objection.
14. RESOLUTION NO. 78 -1707: EMPLOYMENT OF PERSONNEL
Councilman Atkins moved to adopt Resolution No. 78 -1707 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
seconded by Councilman Greenberg and carried.
Council Minutes, February 7, 1978 —'Page 5
15. RESOLUTION NO. 78 -1708: WARRANTS & DEMANDS, DEMAND NOS. 8475 THRU
8587 IN THE AMOUNT OF $48,810.38
Councilman Atkins moved to adopt Resolution No. 78 -1708 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $48,810.38, DEMAND NOS. 8475 THRU 8587, seconded
by Councilman Tyrell and carried, Councilman Greenberg noting his
non - participation with regard to check number 8587.
16. COMMUNICATIONS:
A. Claim for Damages - Rodriguez, Cynthia and Valerie
City Manager Koski presented claim on behalf of Cynthia and Valerie
Rodriguez for damages alleged to have occurred October 25, 1977 at
Lower Azusa Road and Baldwin Avenue. Councilman Tyrell moved to
deny claim and refer to City's insurance carrier for further pro-
cessing, seconded by Councilman Greenberg and carried.
B. Registrar- Recorder - Request to use Live Oak Park for June
Primary and November Election
City Manager Koski presented communication from the Registrar -
Recorder's office requesting to use Live Oak Park for June Primary
and November elections. Councilman Atkins moved to approve, seconded
by Mayor Merritt and carried.
C. Vendors Along Parade Route- Camellia Festival, February 25, 1978
City Manager Koski presented communication from the 34th Annual
Camellia Festival Committee regarding vendors along the parade route,
assembly and disbanding areas on the day of the parade, to include
six organizations, Councilman Tyrell moved to approve organizations
as listed 1 through 6 in the recommendation of the Camellia Festival
Committee, seconded by Councilman Greenberg and carried.
I 17, TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
RECESS TO CRA:
The City Council recessed at 8:28 p.m. to meet as the Community Redevelop -
ment Agency, all members being present.; approved the minutes of the regular
meeting held January 17, 1978; approved Final Parcel Map 6146; and adopted
resolution approving warrants and demands, The minutes are set . forth in
full in the records of the 'Agency.
RECONVENE AS CITY COUNCIL:
18, ACTION ON REQUEST BY CRA;
On request by Community Redevelopment Agency, Councilman Greenberg
moved to approve Final Parcel Map 6146, subject to conditions set
forth in Planning Commission Resolution No. 77- 780PC, and subject
to the City Engineer and City Attorney approval, seconded by
Councilman Atkins and carried.
19. MATTERS FROM CITY OFFICIALS:
A. Appointment of Deputy City Treasurer
City Manager Koski advised that the Security Pacific National Bank
has been honoring the signature of Marilyn Spoon as Acting City
Treasurer in the absence of the City Treasurer pursuant to letter
of authorization; they have now requested City Council take formal
action to appoint a Deputy City Treasurer until such time as the
City Treasurer is able to return to work. Councilman Tyrell moved
to appoint Marilyn Spoon Deputy City Treasurer effective January 30
1978, seconded by Councilman Atkins and carried.
Council Minutes, February 7, 1978 - Page 6
B. City Council received and filed a report from the Los Angeles
Fire Department concerning fire service in Temple City and
expenditures for such services, including the activities of rescue
squad 47.
C. Councilman Greenberg advised the Executive Committee of the
San Gabriel Valley Association of Cities is planning a seminar in
April or May relating to the Jarvis initiative. Also the County
Reform Committee will again become active and there will be a
discussion on February 16 regarding the proposed amendment to the
by -laws where some individuals were trying to delete the county
reform issue.
D. Councilman Atkins stated he had attended the election seminar
given by the San Gabriel Valley Association of Cities and found it
to be an excellent program.
E. Councilman Tyrell stated he felt there is some value in the
Jarvis initiative; that the City Council has been trying for the past
18 years to get the county to reduce their spending, however, even
now they are seeking alternatives to replace their potential lost
revenue rather than cut down on the cost of operation of government.
The initiative contains some obvious errors but may serve as a means
in accomplishing reduced spending by the county and state agencies.
F. Mayor Merritt pointed out one area government is wasteful. It
has come to his attention that the federal government proposes to
do away with approximately 600,000 army rifles at a cost for disposal
in the amount of $2 million. If the rifles were sold to legitimate
rifle clubs it is estimated the federal government could recover
$10 million.
Mayor Merritt also congratulated Councilman Tyrell on his election
to Chairman of the Board for the San Gabri,el'Community Hospital.
20, .. ADJOURNMENT:
On motion by Councilman Atkins, seconded by Mayor Merritt, meeting
adjourned at 8:45 p.m. The next regular meeting of the City Council
will be held Tuesday, February 21, 1978, 7:30 p.m. in the Council
Chamber of the City Hall
ATTEST:
yl/112c2� d
,Chief Deputy City Clerk
MAYOR