HomeMy Public PortalAboutCity Council_Minutes_1979-04-17_Regular 1979CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
APRIL 17, 1979
INITIATION:
1. CALL TO ORDER:
Mayor Tyrell called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, April 17, 1979, in the Council
Chamber of the City Hall.
2. The invocation was given by Dr. Edwin Linberg, Temple City Christian
Church, 9723 Garibaldi Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Parks and Recreation Director Kobett, Lt. Jeanne
Robertson, and Steve Johnston, Temple City Times
5. REORGANIZATION:
Mayor Tyrell stated that at this time he would like to recognize
Planning Commissioner Tom Breazeal for his comprehensive analysis
of the Air Quality Management Plan prepared by Southern California
Association of Governments and South Coast Air Quality Management
District, and also for his coordinating with the Chamber of
Commerce in the preparation of the Business Development Survey.
Mayor Tyrell also recognized the Temple City Communications Com-
mission, chaired by Allen Grogan for their extensive work on
the street lighting district study resulting in a recommendation
to the City Council.
At this time Mayor Tyrell turned the gavel over to the City Clerk.
City Clerk assumed the Chair and opened nominations for the Office
.of Mayor for the coming year.
Councilman Tyrell nominated Councilman Dennis for the Office of
Mayor, seconded by Councilman Merritt. Councilman Tyrell moved
that nominations be closed and a unanimous ballot be cast for
Councilman Dennis, seconded by Councilman Atkins and carried.
Mayor Dennis accepted the gavel, thanked the Council for their vote
of confidence, and expressed appreciation of the dedicated leader-
ship provided by former Mayor Tyrell during the past year.
Mayor Dennis called for nominations for the Office of Mayor Pro Tem.
Councilman Tyrell moved to nominate Councilman Atkins for the Office
of Mayor Pro Tem, seconded by Councilman Merritt. Councilman Tyrell
moved that nominations be closed and a unanimous ballot be cast for
Councilman Atkins, seconded by Councilman Merritt and carried.
Mayor Dennis distributed his outline for a program of work for the
1979 -1980 year.
APPOINTMENTS:
Mayor Dennis made the following committee appointments, following
which it was moved by Councilman Tyrell, seconded by Councilman
Atkins and carried that the appointments be confirmed:
Council Minutes, Apr' 17, 1979 - Page 2
Finance Committee
Public Safety (Civil Defense, Law
Enforcement & Emergency Reserve)
Sister City Committee
California Contract Cities
L. A. County Library Board
League of California Cities
Southern California Association
of Governments
So. California Rapid Transit District
and City Selection Committee
Upper San Gabriel Valley Water District
Juvenile Diversion
San Gabriel Valley Association
of Cities
JPIA Insurance Authority
Tom D. Atkins
Kenneth Gillanders
Jack R. Tyrell
William I. Dennis
Kenneth Gillanders
Jack R. Tyrell
Louis Merritt
Kenneth Gillande
William I. Denni
Kenneth Gillande
Tom D. Atkins
Kenneth Gillanders
Kenneth Gillanders
William I. Dennis
Louis Merritt
Jack R. Tyrell
William I. Dennis
Tom D. Atkins
Jack R. Tyrell
Louis Merritt
Jack Tyrell
San Gabriel Valley Animal Control Authority Jack R. Tyrell
Councilman Atkins moved to adopt Resolution No. 79 -1793 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINT-
ING A MEMBER OF SAID COUNCIL OF SAID CITY TO THE RTD CITY SELECTION
COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES
CODE, namely Councilman Kenneth G. Gillanders, with Mayor Dennis
serving as alternate, seconded by Councilman Merritt and carried.
Councilman Atkins moved to adopt Resolution No. 79 -1794 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN
ALTERNATE DIRECTOR OF COUNTY SANITATION DISTRICT NO. 15, namely
Louis W. Merritt, seconded by Councilman Merritt and carried.
6. CONSENT CALENDAR:
Item A was removed from the Consent Calendar. On motion by Council-
man Merritt, seconded by Councilman Atkins, Items B through I were
approved as recommended.
B. TEMPLE CITY BOULEVARD, NORTHERLY OF LEMON AVENUE:
Approved placing pavement arrows on Temple City Boulevard in the lane
adjacent to the west curb line for southbound traffic; painting three
minutes white passenger loading zone on the west side of Temple City
Boulevard with appropriate signing; and modification of left turn
pocket north of Lemon Avenue to direct northbound traffic.
C. SUMMER YOUTH EMPLOYMENT PROGRAM:
Approved funding for Summer Youth Employment Program, appropriated
an additional fund in the amount of $550 and amended the adopted
budget accordingly.
D. HIGH PRESSURE SODIUM CONVERSION:
Authorized Edison Company to convert 20,000 lumen mercury vapor
lights on Rosemead Boulevard from Pentland Avenue to Rancho Real
to 22,000 lumen high pressure sodium.
Council Minutes, Apr 17, 1979 - Page 3
E. RECOMMENDATIONS FROM PLANNING COMMISSION: Meeting of April 10
(1) RPD NO. 78 -544 and TENTATIVE TRACT NO. 36377
Set public hearing May 15, 1979 to consider RPD No. 79 -544 and
Tentative Tract No. 36377 for 23 -unit condominium on the north
side of Lower Azusa Road between Golden West Avenue and Agnes Avenue.
(2) RESOLUTION NO. 79 -1798: ESTABLISHING PLANNING FEES
Adopted Resolution No. 79 -1798 A RESOLUTION OF THE CITY OF TEMPLE
CITY ESTABLISHING FEES FOR PLANNING DEPARTMENT SERVICES to include
Stock Cooperatives.
(3) PLANNING COMMISSION ACTION - Meeting of April 10, 1979
Received and filed report of Planning Commission action at their
regular meeting held April 10, 1979.
F. RESOLUTION NO. 79 -1797: WITHDRAWING TWO 7,000 LUMEN LIGHTS
FROM COUNTY LIGHTING DISTRICT
Adopted Resolution No. 79 -1797 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY WITHDRAWING ALL TERRITORY LYING WITHIN THE
CITY OF TEMPLE CITY FROM THE LONGDEN LIGHTING DISTRICT PURSUANT TO
THE PROVISIONS OF SECTION 19290 OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA.
G. RESOLUTION NO. 79 -1799: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 79 -1799 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
H. RESOLUTION NO. 79 -1800: WARRANTS & DEMANDS
Adopted Resolution No. 79 -1800 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$107,311.25, DEMAND NOS. 11798 THRU 11894.
I. RESOLUTION NO. 79 -1801: INSTITUTING PROCEEDINGS - PROPOSED
SEWER IMPROVEMENT - AGNES AVENUE
Adopted Resolution No. 79 -1801 A RESOLUTION INSTITUTING PROCEEDINGS
ACKNOWLEDGING WAIVER OF DEBT LIMIT INVESTIGATION PROCEEDINGS AND
DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS for Temple City
Improvement No. 79 -6, Agnes Avenue.
CONSENT CALENDAR ITEM A: APPROVAL OF MINUTES - Regular Meeting
of April 3, 1979
Mayor Dennis requested the April 3, 1979 minutes be corrected under
Item 6, to state in the City Attorney's opinion "inoperative vehicles
can be a public nuisance" and to reflect that Councilman Gillanders
advised Mr. Morabito that he had originally opposed the ordinance
prohibiting parking of inoperative vehicles in driveways of R -1
property and that he still does. Also Item 8 -H should be changed
to read San Gabriel Valley Association of Cities is preparing a
resolution opposing the Southern California Association of Govern-
ments.
Councilman Tyrell moved to approve the minutes of the regular meeting
held April 3, 1979, as corrected, seconded by Councilman Gillanders
and carried.
UNFINISHED BUSINESS:
7. PUBLIC HEARING: ENVIRONMENTAL IMPACT REPORT RE: INSTALLATION OF LIGHTS
ON TENNIS COURTS AT TEMPLE CITY HIGH SCHOOL
City Manager Koski presented draft Environmental Impact Report pre-
pared by staff relating to the installation of lights at the existing
tennis courts, Temple City High School. City Council, at their
regular meeting held February 20, 1979 adopted resolution approving
application for grant funds under SB 174. A draft Environmental
Impact Report is required for application for state funds.
Council Minutes, Apr' 17, 1979 - Page 4
There being no further staff report, Mayor Dennis declared the
public hearing open and invited anyone wishing to speak to come
forward. There being no one come forward to speak, Councilman
Tyrell moved to close the public hearing, seconded by Councilman
Merritt and carried.
Councilman Tyrell moved to certify the Environmental Impact Report
has been completed in conformance with the California Environmental
Quality Act and the State guidelines and that the City Council has
reviewed and considered the information contained in the report;
that the final Environmental Impact Report is adequate and provides
reasonable,information on the project and all feasible alternatives
thereto; that each and every adverse environmental impact contained
in the report is overruled and counterbalanced by economic and
social needs, objectives, and concerns in providing private or
public improvements of municipal import, seconded by Councilman
Atkins and carried.
8 PUBLIC HEARING: CONFIRMING COSTS OF ABATEMENT - NUISANCE CASE NO. 78 -43
RESOLUTION NO. 79 -1795
City Manager Koski presented report showing cost of abatement of
public nuisance on property located at 6004 -6018 Rosemead Boulevard
pursuant to Resolution No. 78 -1753, advising a notice of hearing
was posted on subject property pursuant to law.
Mayor Dennis declared the public hearing open and invited anyone
wishing to speak to come forward. There being no one come forward
to speak, Councilman Tyrell moved to close public hearing, seconded
by Councilman Gillanders and carried.
Councilman Tyrell moved to adopt Resolution No. 79 -1795 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING THE COST
OF ABATEMENT AND ASSESSING SAID COST AGAINST CERTAIN REAL PROPERTY,
assessment being in the amount of $245.00, seconded by Councilman
Atkins and carried.
9 PUBLIC HEARING: CONFIRMING COSTS OF ABATEMENT - NUISANCE CASE NO. 78 III
RESOLUTION NO. 79 -1796
City Manager Koski presented report showing cost of abatement of
public nuisance on property located at 9044 E. Olive Street pursuant
to Resolution No. 78 -1772, advising a notice of hearing was posted
on subject property pursuant to law.
Mayor Dennis declared the public hearing open and invited anyone
wishing to speak to come forward.
Mr. James Graham, 14402 Farlington Avenue, Baldwin Park, stated he
had not received a notice of the abatement procedures; that he has
tenants living at 9044 E. Olive Street and had given his Baldwin Park
address to a city employee several months ago. Mr. Graham inquired
how long it took the contractor to clean up the property and was
advised the job took approximately 2 hours.
There being no other testimony, Councilman Tyrell moved to close the
public hearing, seconded by Councilman Gillanders and carried.
Councilman Tyrell moved to adopt Resolution No. 79 -1796 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING THE COST
OF ABATEMENT AND ASSESSING SAID COST AGAINST CERTAIN REAL PROPERTY,
assessment being in the amount of $55, seconded by Councilman Atkins
and carried.
10 REQUEST TO MAINTAIN AVIARY: PERMIT NO. 79 -11, 9082 Rancho Real
City Manager Koski presented background information, stating a
complaint was filed with the Planning Department that the property
owner at 9082 Rancho Real maintains more than 12 birds; the allegation
was verified and the owner contacted. Pursuant to Section 9331 of
the Temple City Zoning Code, Mr. Frank Lugo, has filed a request
to maintain 45 birds on his premises. Field investigation revealed
the property contains four aviaries, three dog runs and one duck pen.
Sanitary conditions were found to be satisfactory. City Council,
at their regular meeting held April 3, 1979, set the matter for
Council Minutes, Apri_, 17, 1979 - Page 5
April 17 for their review and consideration. Property owners
in the immediate vicinity were notified.
Mr. Frank Lugo, 9082 Rancho Real, stated he has maintained the
aviaries since 1939 and feels that 45 birds are a reasonable
number.
Mr. Lugo had not received a copy of staff report and recommendations.
Councilman Tyrell moved to continue the matter to May 1, 1979 to
give Mr. Lugo an opportunity to review the recommendations, seconded
by Councilman Atkins and carried.
NEW BUSINESS:
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11. APPLICATIONS FOR FIREWORKS STANDS 1979
City Manager Koski presented 15 applications from local charitable
organizations for permit for fireworks stands. Twelve of the appli-
cants have filed all necessary documents. Plot plans have been
approved by the Planning Department. Two of the applications are
incomplete in that they have no location; one application has filed
the application form and deposit only. City Council approved 13
stands located throughout the City in 1978. Staff recommends the
12 applicants with completed applications be approved, denying those
that are incomplete, filing deadline having been March 31, 1979.
Larry Cude, 9923 E. Live Oak Avenue, speaking on behalf of the
Temple City High School Senior Parents Committee, stated he had
requested use of the parking lot at Temple City High School which
was denied because of liability purposes; that he has been trying
to find another location for their stand.
Councilman Merritt moved to extend for one week time to file the
remaining document for the Temple City High School Senior Parents
Committee, seconded by Councilman Gillanders and denied on a roll
call vote:
ROLL CALL:
AYES: Councilmen - Gillanders, Merritt
NOES: Councilmen- Atkins, Tyrell, Dennis
Councilman Tyrell stated he felt if the time is being extended for
one group, the extension should be for all three applications which
are incomplete, and moved to extend to 5 p.m. Tuesday, April 24,
1979 for American Youth Soccer, Temple City High School Senior
Parents Committee and Temple City Jaycee's, seconded by Councilman
Merritt and carried, Mayor Dennis noting his objection.
12. COMMUNICATIONS:
A. Chamber of Commerce re: Arts Festival #6, April 28, 1979
City Manager Koski presented communication from the Chamber of
Commerce requesting permission to conduct Arts Festival #6 along
the sidewalks of Las Tunas Drive from Camellia to Cloverly Avenues
from 9 a.m. to 5 p.m., Saturday, April 28, 1979.
Councilman Tyrell moved to approve request from Chamber of Comemrce
as outlined in their letter dated April 4, 1979, to include hanging
a banner across Las Tunas Drive east of Temple City Boulevard,
seconded by Councilman Gillanders and carried.
B. Temple City Communications Committee - Municipal Lighting
District Study Report
City Manager Koski presented report prepared by the Temple City
Communications Couuuittee , together with a supplement prepared
by Boyce O'Bannon and letter from City's auditor relating to
interest earned on street lighting district funds.
Allen Grogan, Chairman of the Temple City Communications Committee,
thanked the Council for the opportunity to be of assistance in
working on the municipal lighting district study which took approxi-
Council Minutes, April_ L7, 1979 - Page 6
mately three and one -half months. He feels the committee's
recommendation is clear however, he would be available for any
questions Council may have.
Councilman Tyrell moved to receive the report of the Municipal
Lighting District Study committee, seconded by Councilman Atkins
and carried.
Boyce O'Bannon, 10316 E. Olive Street, member of the study committee,
stated he takes exception to the letter from the auditor in that
he believes interest on the lighting district funds are inappro-
priately included in general funds.
Mayor Dennis advised the reports received will be considered at
a study session to be held Monday, April 30, 1979.
13. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Larry Cude, 9923 E. Live Oak Avenue, inquired as to the deadline
Gate for filing applications for fireworks permits and was advised
that the filing deadline is March 31 of each year.
RECESS TO CRA:
City Council recessed at 8:34 p.m. to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held April 3, 1979 and adopted resolution approving warrants and
demands. The minutes are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
14. ACTION ON REQUEST BY CRA:
There was no action to be taken.
15. MATTERS FROM CITY OFFICIALS:
A. Parking Enforcement Officer Program
City Manager Koski presented staff update on the parking enforce-
ment program and recommendation for continuing the program,
utilizing Sheriff's Department personnel and equipment, splitting
cost of a parking officer and vehicle in the county area to the
north and Temple City.
Councilman Tyrell moved to utilize the Sheriff's Department personnel
and equipment on a 1/2 time basis, appropriate additional funds
necessary for the program through June 30, 1979 and amend the adopted
budget accordingly, seconded by Councilman Gillanders and carried.
B. Proposed Contract between Joint Powers Authority and the San
Gabriel Valley Humane Society
City Manager Koski presented proposed contract between the Joint
Powers Authority and the San Gabriel Valley Humane Society for
animal control services, advising the Joint Powers Authority will
be considering the contract at their meeting to be held Wednesday,
April 18 and will be brought back for Council information.
C. Proposition 13 Implementation
City Manager Koski presented proposal from Leo McCarthy, Speaker
of the Assembly, for property taxes for property related services
only for Council review. Council referred the material received
to Council study session to be held April 30, 1979.
D. Transfer of Funds, Account 3014, Juvenile Diversion
City Manager Koski advised the City Council budgeted $5,000 for
Juvenile Diversion clinical services for fiscal year 1978 -79;
expenditure through March 31, 1979 totals $5,357 and it is antici-
pated an additional $2,500 will be needed through June 30. There
is a 12 % contingency fund budgeted for law enforcement which could
be utilized for this purpose.
Council Minutes, April_ 17, 1979 - Page 7
Councilman Tyrell proved to continue the Juvenile Diversion
clinical services and allocate additional funds in the amount
of $2,500 to be transferred from the contingency fund, seconded
by Mayor Dennis and carried.
E. Councilman Atkins reminded Council of the meeting of the San
Gabriel Valley Association of Cities to be held Thursday,
April 19, 1979 at Rusty's Hacienda in El Monte, speaker to be
Senator H. L. Richardson.
F. Mayor Dennis advised members of the League of California Cities
staff have requested a meeting with City Council which has been
scheduled for Wednesday, April 25, 1979, 7 a.m. at Tiffany's
Restaurant and invited Council participation.
16 ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Gillanders,
meeting adjourned at 8:50 p.m. Next regular meeting of the City
Council will be held May 1, 1979, 7:30 p.m. in the Council Chamber
of the City Hall.
ATTEST:
Chi f Deputy City Clerk
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