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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 1 1 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