HomeMy Public PortalAboutCity Council_Minutes_1978-02-21_Regular 1978CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
FEBRUARY 21, 1978
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to order
at 7:35 p.m. on Tuesday, February 21, 1978, in the Council Chamber of
the City Hall.
2. The invocation was given by Reverend David Willett, Temple City Grace
Brethren Church, 5537 N. Temple City Boulevard.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis,Greenberg,Tyrell,Merritt
Absent: Councilmen None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich, Parks and Recreation Director
Kobett, Deputy Charles Gillmann and Lt. Richard Wallace,
Sheriff's Department, and Marie Evitt, Temple City Times
5. APPROVAL OF MINUTES:
Councilman Greenberg moved to approve the minutes of the regular City
Council meeting held February.7, 1978, as written, seconded by Council-
man Dennis and carried;
UNFINISHED BUSINESS;
II 6. ORDINANCE NO 78 -461: 2nd read. AMENDMENT TO TEMPLE CITY ZONING CODE
RELATING TO OUTDOOR ADVERTISING STRUCTURES
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 siecond reading by title
only, Councilman Atkins moved to waive further reading and adopt,
seconded by Councilman Greenberg . and carried.
7. PUBLIC HEARING: 7:30 p.m. ADOPTION OF ,COUNTY TRAFFIC ORDINANCE NO. 6544 -
ORDINANCE NO. 78 -462 2nd read.
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City Manager Koski, presented background information, stating the City
Council, at their regular meeting held February 7, 1978, reviewed
recommendation of Traffic Commission to adopt an ordinance adopting
by reference County Ordinance No. 6544, including changes 1 through 57
which became effective January 27, 1978 and held first reading of
Ordinance No. 78 -462 adopting the county ordinance by reference,
deleting Chapters VI and X.which are basically a' duplication of pro-
visions in the Temple City Municipal Code, and set public hearing for
February 21, 1978.
Mayor Merritt declared the public hearing open and invited anyone
wishing to speak to the issue to come forward.,, There being no one come
forward to speak, Councilman Greenberg moved to close public hearing,
seconded by Councilman Atkins and carried.
City Attorney Martin introduced Ordinance NQ. 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 second reading by title only. Councilman
Atkins moved to waive further reading and adopt, seconded by Mayor
Merritt and carried.
Council Minutes, February 21, 1978 - Page 2
8. PUBLIC HEARING: 7:30 p.m. ROYAL BILLIARDS, 9055 E. Las Tunas Drive
CHANGE OF OWNERSHIP
City Manager Koski presented background information, stating an
application had been received for license indicating change of owner-
ship for the Royal Billiards parlor located at 9055 E. Las Tunas Drive.
New owner is Vernon Gilbert and license fees have been paid. Deputy
Gillmann of the Los Angeles County Sheriff's Department posted notice
of the public hearing and the Sheriff's Report has been received and
marked approved. No appeals have been received pursuant to this matter.
The current hours of operation, as approved by the City Council on
April 7, 1970, are Sunday through Saturday, 11 a.m. to 2 a.m. In
addition to the recommended conditions set forth in the Sheriff's repor
City Council may want to give consideration to granting the license
subject to a 90 day review and additional conditions as set forth in
staff memo dated February 17, 1978, notably, that the parking lot
adjacent to the premises be lighted; that•the.:operators maintain in-
operative the coin operated games until such time a'conditional use
permit has been granted; and that a minimum age of 16 be established
unless accompanied by a parent or guardian.
Mayor Merritt declared the public hearing open, and invited anyone
wishing to speak to the issue to come forward.
Vernon Gilbert, 12131 Martha Anri Drive, Los Alamitos, stated he had a
copy of the Sheriff's report and requested a clarification of the staff
recommendation that no one under the age of 16 may participate unless
accompanied by a parent or guardian. He felt that was too restrictive,
particularly during daylight hours, and stated he would hope the problems
with the former owner would.not be reflected upon his operation; further
that he operates several arcades in other cities and has never had a
problem. Mr. Gilbert stated he does not feel an age limit is needed if
there is proper supervision and he intends to exercise control.
In answer to question by City Council, Deputy Gillmann stated the
Sheriff's Department recommends that no one.under the age of 18 years b
permitted to participate in billiards, unless a parental consent card
has been filed at the location; that there are various parlors in contr
cities he is involved with and the ages are down to 8 or 10 with parental
consent cards and no problems have been experienced.
Councilman Tyrell stated that anyone under :the age 18 would have to leave
by 10 p.m. because of the curfew. Mayor Merritt stated the curfew law
pertains only to persons loitering on the street and does not prohibit
traveling to and from an activity.
In answer to Councilman Greenberg `s question regarding staff recommendation
to establish a minimum age of 16, City Manager Koski advised that condition
was recommended because of problems incurred when mixing age groups 14
through 20.
Mr, Gilbert questioned the need for a conditional use permit for an arcade,.
stating the former operator conducted 20 games without such a permit.
City Manager Koski explained the former -owner was licensed for a billiard
parlor and that he was to be operating only 4'coin operated games, the
operated.
games,
games were licensed because they were on the premises, however,
only as storage, being moved and replaced periodically.
There being no one else come forward to speak, Councilman Atkins moved
close public hearing, seconded by Councilman Tyrell and carried.
Councilman Tyrell stated if license is approved, he feels that anyone
under the age of 16 years should be required to leave by 11 p.m.
Councilman Greenberg moved to certify categorical exemption of Environ-
mental Impact Report, seconded by Councilman Atkins..
Council Minutes, February 21, 1978 - Page 3
Councilman Tyrell moved to,.approve application for business license
to operate Royal Billiards, subject to'a'review in 90 days, with the
following conditions: 1) any person assuming managerial control in
the absence of the licensee must first be identified to the Sheriff's
License Detail and be subject to the approval of the City of Temple
City; 2) that all exterior doors and windows are to be kept closed
during the hours that billiards and coin games are conducted; 3) that
the parking lot shall be illuminated by exterior lighting during the
hours of operation and that the parking lot be cleared within a
reasonable time following close of business and closely supervised
throughout the business hours to prevent loitering; 4) that anyone under
the age of 16 years may be permitted to participated in billiards until
11 p.m. if parent consent card has been filed at location or accompanied
by parent, guardian or spouse 21 years of age. or older; 5) that the hours
of operation for this establishment be Sunday through Saturday, 11 a.m.
to 2 a.m.; 6) that a temporary permit will be issued to operate twenty
(20) coin operated games during the 90 -day interim license pending the
outcome of the Conditional Use Permit on'file before the Planning Com -,
mission of the City of Temple City; 7) that the licensee cooperate with
all police and city officials;• 8) that'the. licensee comply with all laws
and ordinances regulating the conduct of .the business; 9) that failure •
to comply with all laws and ordinances regulating the conduct of the .
business or violations of any of. the above• conditions.. will require the
applicant to show cause why all city licenses should not be revoked;
and 10) the applicant will sign and acknowledge his7acceptance of the
conditions and agreement to same at the City Council meeting, seconded
by Councilman Greenberg and carried
9. PROPOSED ORDINANCE RELATING TO BINGO:
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City Manager Koski presented. background ,information,- stating the City
Council, at their regular Meeting .held January 17, 1978, received Los
Angeles County;'s Bingo ordinance and .continued the matter-to February 7,
1978 with the request the.City Attorney, ;pr.epare •an appropriate ordinance
for'Council consideration; City Attorney presented a proposed ordinance
February 7 at which time Council .expressed a concern the" .proposed ordi-
nance was too restrictive and.requested to see sample of. ordinances .
from surrounding cities which may contain less restrictive provisions.
Staff has obtained ordinances adopted by the cities of Rosemead and
South Pasadena for Council.review
Mayor Merritt stated that of the two', he prefers the ordinance adopted
by South Pasadena.
Councilman Tyrell. expressed concern it'would be impossible to implement
except for churches. Paragraph.F restricting the conduct of bingo to
property.owned or leased by the or.ganization•is too restrictive; even
the senior citizens, who meet at Live Oak Park, could not conduct a
bingo game for their entertainment. 't';
Mr. Gordon Cutler, 8845 Ardendale, representing the Church of Jesus
Christ Latter Day Saints,' strongly opposed an ordinance being enacted
by the City to allow gambling on the basis gambling appeals to the baser
instincts of man and is contrary to the Judeo Christian ethic; it is not
a good example for children. Mr. Cutler stated his church fears
racketeers will organize a church'in the city similar to one organized.
in Pomona for the express purpose of conduc.ting.bingo and urged the
Council not to adopt a_bingo ordinance
Bruce Carson, 6043 Reno, urged the Council not •to adopt a bingo ordinance
without being aware of the problems that may come up in the future,
stating in his opinion bingo is not an ethical solution to money raising
problems; games of chance do not build character in young people.
James Law, 9521 Wedgewood Avenue, stated he had originally requested a
bingo ordinance in the hope the Senior Parents could conduct such a fund
raising activity.to support the senior class party; chat he feels it is
a good way to make money to be used for something good.
Council Minutes, February 21, 1978 - Page 4
Boyce O'Bannon, 10316 Olive, stated he voted to allow bingo in California
a an assum- -ecat that time the City Council would adopt a good ordinance
which. would control the racketeer element; that he feels bingo is a
social and recreation activity.,
In answer to question from Council, Deputy Gillmann stated at the present
time bingo is a relatively new operation in the county and not many
complaints have been received in his jurisdiction, however,' bingo. can
cost quite a bic of money as it is now operated,
Councilman Dennis stated he is not presently for a bingo ordinance,
however, more than 21'3 of those who voted in Temple City voted for it
that the residents can go into any of the surrounding communities and
enjoy bingo and if Council adopts an enabling ordinance, it should be.
made as easy as possible for the groups to operate as a fund raising
project, Perhaps a limitation on those organizations who have been
incorporated for a certain period of time. or a limit on the number of
times per year they may operate a bingo game' would be the answer. •
Mayor Merritt stated that churches are subject to conditional use permit
which would control the ability of a church organizing for the sole pur-
pose of conducting bingo, and also perhaps there should be a limit on
the number of times any one organization can .conduct bingo.
Councilman Greenberg stated he does not feel there is a proven need for
a bingo ordinance in Temple City., The Temple'City'Times has written
articles regarding the proposed.o.rdinance and no .one has come forward
requesting the.Council to adopt such an ordinance and he feels the fact
that surrounding cities have adopted such an ordinance is not a good
reason for Temple City doing so,
Councilman Tyrell suggested •continuing,d scussion for one' month; Council-
man Greenberg suggested terminating discussion unless some organization
comes forth to request, an .enabIing ordinance. .
Councilman Tyrell -moved to continue discussion to March 21, 1978,
seconded by Councilman Atkins and carried,.Councilman Greenberg noting
his objection.
10. ACCEPTANCE OF WORK; STREET AND SIDEWALK, CONSTRUCTION
CASH CONTRACT 1225X
City Manager Koski presented background information, stating the City .
Council, at their regular meeting held.April 19.,. 1977, awarded contract
to Noriund Constructio n, Inc, in the amount of $289,413.15 for the
improvement of Muscatel Avenue from Elm to Longden Avenue and for side-
walk construction at 14 various; locations throughout the City, Funds
in the amount of $418,237 were received by th.e•City under a grant
administered by the Economic Development Administration. Nearing the
completion of the project, City Council approved construction of four
additional locations to utilize•,the remaining funds. Following completion
of this phase of the work, the contractor..made a claim contending the
scope of the work in the original contract had been changed and requested
a higher per unit cost for the work. The'County Road Department evaluated
the contractor's claim and determined there was not a significant change
in the character of the work and denied the claim. The Road Department
has now recommended the City Council ratify additional work in connection
with the contract and accept the work performed and authorize payment due.
Councilman Tyrell moved to accept the work. completed under Contract
1225X and authorize payment in the amount of $16,369,49; authorize the
filing of Notice of Completion and authorize release of the 10% retent
in the amount of $33,980.,81 at the end of the 35 -day lien period,
seconded by Councilman Greenberg and carried,
11. SET PUBLIC HEARING. ASSESSMENT FOR STREET LIGHTING IMPROVEMENTS -
GREEN STREET, BALDWIN TO GLTCKMAN AVENUE (Pursuant co Chapter 27,
Improvement. Act of 1911, Streets and Highways Code)
City Manager Koski adv sed the City Council, at their regular meeting
held January 3. 1978, approved the installation of fuur 7,000 lumen lights
Council Minutes, February 21. 1978 - Page 5
on existing wood poles on che:north sile;of Green Street between
Glickman and Baldwin AvenLies. Southern California Edison Company
has completed the installation and energized as of February 1, 1978.
Councilman Tyrell moved to accept the installation of four 7,000
lumen lights and'set public hearing March 21, 1978 to approve assess-
ments, and instructed the Superintendent of Streets to notify the
affected property owners, seconded by Councilman Greenberg and carried
I 2. SET PUBLIC HEARING: ASSESSMENT FOR STREET LIGHTING'IMPROVEMENTS -
FARAGO AVENUE, FREER TO GRAND (Pursuant to Chapter 27, Improvement Act
of 1911, Streets and Highways Code)
City Manager Koski advised the. City Council, at their regular meeting
held December 6, 1977, approved the installation of five 7,000 lumen
lights on existing wood poles on Farago Avenue between Freer and Grand
Avenues,. Southern Calibornia Edison.Company has completed the instal-
lation and energized as of February 3, 1978. -
Councilman Tyrell moved to accept the installation of five 7,000 lumen
lights on Farago Avenue, Freer to Grand, and set public hearing
March 21, 1978, to approve assessments, and instructed the Superin-
tendent of Streets to notify the affected'property owners, seconded
by Councilman Dennis and carried..
13 911 EMERGENCY TELEPHONE SYSTEM
City Manager Koski presented background information, stating the City
Council, at their regular meeting held November 19, 1974, adopted
Resolution authorizing.the City's participation with the County of
Los Angeles in the State.mandated 911.Emergency Telephone. Dialing
System, The City participated with the County Department of Com-
munications in developing a tentative State Plan which was submitted
January 31, 1975. Because the City contracts with the County Sheriff
and is a member of the Fire Protection District, the County will pre-
pare and file a plan for the establishment of a 911 system which will
include the City of Temple City and act as an extension of our con-
tractual agreements. The County.has requested the City adopt a resolution
authorizing the City Manager to file necessary documents stating our
intent to participate in Los Angeles County's Emergency Telephone System.
Councilman Atkins moved to adopt Resolution No. 78 -1709 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING AND DIRECTING
THE CITY MANAGER TO FILE NECESSARY DOCUMENTS RELATING TO 911 EMERGENCY
TELEPHONE SYSTEM PLAN, seconded by Councilman Greenberg and carried.
14. UNEMPLOYMENT INSURANCE LIABILITY: REGISTRATION AND FINANCING OPTION
City Manager advised Assembly Bill 644, conforming legislation to federal
requirements extending unemployment insurance coverage to state and
local employees, passed by the State Legislature and the City must select
a method of financing. The Local Public Entity Employees Fund appears to
be the most practical; under this option the City's contribution costs
are set at ..8% of gross payroll for 3 years. The City's first year
contributions would total $3,120 based upon fiscal year 1977 -78., Costs
for the fourth year will be each City's benefit cost ratio to replace
their benefit charges. .
Councilman Atkins moved to approve Local Public Entity Employees Fund
as City's financing option and authorize City.. Clerk to submit necessary
documents, seconded by Councilman Greenberg and carried.
NEW BUSINESS:
15. RECOMMENDATION FROM PARKS t; RECREATION COMMISSION - Meeting of
February 15, 1978 - ATHLETIC FIELD LIGHTING
City Manager Koski presented background information, stating the Parks
and Recreation Commission, at their regular meeting held February 15, 1978,
Council Minutes, February 21, 1978 - Page 6
received a proposal from Temple City American Little League to install
lights at Live Oak Park and to improve the existing athletic field
lighting at Longden School with volunteer labor. Improvements at
Live Oak Park would consist of nine wood poles, 51 1500 watt metal
halide light fixtures; improvements at Longden School would include
the replacement of 60 incandescent light fixtures with 36 1000 watt
metal halide light fixtures and one wood pole. The Board of Education
has authorized the improvement of the lighting at Longden School.
Design for the lighting and preparation of necessary plans, specifi-
cations and cost estimates have been completed by Store, Matakovich
and Wolfberg as approved by City Council October 4, 1977.
Parks and Recreation Commission, at their regular meeting held
February 15, 1978 recommended to City Council approval of two addi-
tional poles and 19 additional light fixtures and necessary design
changes at a cost not to exceed $600, and to accept the proposal from
American Little League with the aid of Temple City National Little
League, Temple City Youth Football and Temple City Youth Soccer
Organization, to install the lights at Live Oak Park and to improve
the existing athletic field lighting at Longden School with volunteer
labor and make available to the League through an agreement a sum not
to exceed $38,000 for reimbursement of approved project costs.
1
Parks and Recreation Director Kobet.t pointed out proposed field and
peripheral lighting by means of Exhibit "A "; advised the work to be
accomplished will be done by volunteer labor, using rented equipment.
Councilman Tyrell moved to authorize retaining the services of Store,
Matakovich and Wolfberg to accomplish the necessary design changes at
a cost not to exceed $600, authorize the preparation of agreement with
Temple City American Little League to construct athletic field lighting
improvements, and to adopt Resolution No 78. -1712 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE ROBERTI- Z;*BERG URBAN OPEN-SPACE AND RECREATION
PROGRAM, seconded by Councilman Atkins and carried..
16RESOLUTION NO. 78-1710: EMPLOYMENT OF PERSONNEL
Councilman Atkins moved to adopt Resolution No. 78 -1710 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
aeconded by Councilman Greenberg and carried..
17. RESOLUTION NO 78- -1711: WARRANTS AND DEMANDS, DEMAND NOS. 8588 THRU
8720 IN THE AMOUNT OF $61,933.00
Councilman Atkins moved to adopt Resolution No, 78 -1711 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $61,933.00, DEMAND NOS. 8583 THRU 8720, seconded
by Councilman Tyrell and carried, Councilman Greenberg noting his non -
participation with regard to check number 8681.
18. COMMUNICATIONS:
There were no communications.
19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
RECESS TO CRA:
1
The City Council recessed at 9 :18 p.m.. to meet as the Conuuunity Redevelopment
Agency, all members being present; approved the minutes of the regular meeting
held February 7, 1978; and adopted resolution approving warrants and demands.
The minutes are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
Council Minutes, February 21, 1978 - Page 7
20. ACTION ON REQUEST BY CRA: _:
There was no action to be taken.
`21. MATTERS FROM CITY OFFICIALS:
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1
1
A. County -owned strip of land; Olive to Blackley, east of Alessandro -
Status Report
City Council received and filed a staff report advising that the county -
owned strip of land located between Olive and Blackley Streets, easterly
of Alessandro Avenue, which the City declined to purchase, will be
offered to the property owners ajoining the strip for a consideration
of $25. Formal offers will be made in about 30 days.
B. Renewal of Agreement - A. W. Driver, 9611 Las Tunas Drive
Permit to cross over Pedestrian Mall #3, Lot #5
City Manager Koski presented a recommendation from the Parking Commission
for renewal of permit to cross over Pedestrian Mall #3, Lot #5, Parking
District #3, subject to the conditions previously established, for a
one -year period. Councilman Tyrell moved to approve renewal of agreement
and authorize the City Clerk to sign, subject to conditions set forth
by agreement dated March 8, 1972, seconded by Councilman Atkins and
carried.
C, Councilman Tyrell directed Council's attention to the retirement
of Dr, Al Rise, School Superintendent, stating the City has been able
to establish an effective relationship with the School District during
his tenure,
Councilman Tyrell responded to a statement made by Kenneth Gillanders,
candidate for City Council, regarding examination of city funding to the
Chamber of Commerce and the West San Gabriel Valley Juvenile Diversion
Project, stating the Chamber of Commerce submits their annual budget
and statement of expenditures before Council determines sutnort; that
Council's deliberations are public and documents are available to anyone
who wishes .. to examine them. Councilman Tyrell stated he felt it was an
indirect challenge to the integrity of the,Council.
Mr. Gillanders responded, stating he is opposed to funding an item in
which the majority of the citizenry has no participation; that the
$18,000 budgeted to the Chamber of Commerce belongs to all the citizens
of Temple City, Mr. Gillanders stated that anyone who is being con -
sidered by the people for election to City Council should evaluate the
current operation and position of the Council. He also stated that in
his opinion such expenditures have a rubber stamp approval of the Council.
Councilman Dennis took exception to the statement that some Council
expenditures get a rubber stamp approval, pointing out that the City
budget is adopted after four public study sessions which are open to
the public.
D. Councilman Dennis questioned the Sheriff Department statistics
recently received which stated with a 47% increase in hazardous cites
there should have been a decrease in injury accidents. Lt. Wallace
stated those statistics go against the 3E theory; that is, 1) education,
2) enforcement, and 3) engineering; and he feels there may be engineering
problems and suggested the Traffic Commission make a study to determine
whether it is an engineering problem.
ADJOURNMENT:
On motion by Councilman Greenberg, seconded by Councilman Atkins, meeting
adjourned at 9:45 p.m. Next regular meeting of the City Council will be
held Tuesday, March 7, 1978, 7:30 p :m. in the Council Chamber of the
City Hall.
ATTEST:
Chie Deputy City Clerk
MAYOR
vAi