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HomeMy Public PortalAboutCity Council_Minutes_1979-05-01_Regular 1979CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 1, 1979 INITIATION: to CALL TO ORDER: I Mayor Dennis called the regular meeting of the City Council to order at 7:34 p.m. on Tuesday, May 1, 1979, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Norlyn Brough, Church of the Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis, 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis Councilmen -None City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Parks & Recreation Director Kobett Assistant Planner Alexanian, Lt. Jeanne Robertson, and Steve Johnston, Temple City Times 5. CONSENT CALENDAR: On motion by Councilman Tyrell, seconded by Councilman Atkins, Items A through E on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES: Regular Meeting of April 17, 1979 Approved minutes as written. 1 B. ROMANESQUE APARTMENTS STATUS REPORT RE: HEALTH AND BUILDING CODE VIOLATIONS — 5633 -SANTA ANITA and 5610 WELLAND Terminated proceedings with respect to the Building Department violations and continued follow -up with the Health Department violations. C. CALIFORNIA CONTRACT CITIES SEMINAR - PALM SPRINGS, MAY 17 -20 Approved registration for City Council, City Manager, Assistant City Manager, and fourteen Commissioners wishing to attend. D. RESOLUTION NO. 79 -1802: WARRANTS & DEMANDS Adopted Resolution-No. 79 -1802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $58,863.55, DEMANDS NOS. 11895 THRU 11989. E. RESOLUTION NO. 79 -1803: APPOINTING ALTERNATES TO THE JPIA Adopted Resolution No. 79 -1803 A RESOLUTION OF THE CITY COUNCIL OF IFTHE CITY OF TEMPLE CITY APPOINTING ALTERNATES TO THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY FINISHED BUSINESS: 6. REQUEST TO MAINTAIN AVIARY: PERMIT NO. 79 -11, 9082 RANCH)REAL City Manager Koski presented background information, stating the request for aviary, received from the property owner at 9082 Rancho Real, was set for hearing April 17 and continued at that time to allow the appli- cant the opportunity to review staff report and recommendations. Council Minutes, May 1, 1979 - Page 2 Applicant spoke with staff about the development standards and that the recommendation is to move the existing aviary structures to a location at least 10 feet from any side or rear lot line.' Mr, Frank Lu o, 9082 Rancho Real, stated he has no objection to the sta recommendations, however, the structures are approximately 75 -100 feet from any living quarters. Councilman Tyrell moved to approve request for aviary subject to conditions set forth in memo dated April 11, 1979 and on file in the City Clerk's office, seconded by Councilman Atkins and carried. NEW BUSINESS: 7. PUBLIC HEARING: PROPOSED USE: REVENUE SHARING FUNDS City Manager Koski presented background information, stating that pursuant to Public Law 94 -488, recipient governments for general revenue sharing funds are required to hold a public hearing prior to budget adoption on the governmental body's planned use of sharing revenues in relation to the entire budget. Notice of hearing was published in the Star News April 20th stating a proposed use hearing would be held May 1 for all interested citizens and advising the amount of funds to be discussed for the next fiscal year is $146,000, which is intended for use to again allocate to public safety -law enforcement. 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-Atkins and carried. Councilman.Tyrell moved to continue the public hearing to June 19, 1979 for adoption of the 1979 -80 budget, seconded by Councilman Atkins and carried. 8. RECOMMENDATION FOR PARKS & RECREATION COMMISSION - Meeting of April 18, 1979: ATHLETIC FIELD LIGHTS ENERGY COST City Manager Koski presented background information, stating City Council, at their regular meeting held November 21, 1978, adopted a fee schedule for the use of the athletic field lights at Live Oak Park, based upon energy cost in effect at that time. Energy rates have since increased and the $4 per hour reimbursement from local youth groups will no longer offset the cost of energy used. To fairly assess the groups using the lights, the Commission proposes to identify the number of hours each organization uses the lights during a billing period and divide that figure into the total energy cost per billing period to determine the per hour cost and multiply the number of hours each organization used the lights. Representatives of Little League, Youth Football and Youth Soccer were involved in meetings and are aware of the situation and have indicated their concurrence with the Commission's recommendation. The Commission has further recommended a flat per hour charge of $7 for other local public groups who use the lights on a limited basis. Also recommended are the cost of maintenance and repair of the athletic field lights at Live Oak Park be shared equally among the three youth groups and the City, with the City being the responsible party to cause the work to be accomplished. Councilman Tyrell moved to approve recommendation from the Parks and Recreation Commission as set forth in staff memo dated April 23, seconded by Councilman Merritt and carried. 9. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of April 24, 1979 PROPOSED HEATING AND AIR - CONDITIONING SALES AND SERVICE USE IN C -2 ZONE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held April 24, reviewed staff report Council Minutes, May 1, 1979 - Page 3 and recommended that Heating and Air- Conditioning Sales and Service use be permitted in a C -2 zone, The Planning Department has received a request to locate a heating and air- conditioning sales and service business in a C -2 zone, to be located immediately north of the 7 -11 store on Rosemead Boulevard. Councilman Tyrell moved to include heating and air - conditioning sales and service -as -a permitted use in C -2 zones, seconded by Councilman Merritt and carried, ANNUAL INSPECTION FEES: INDUSTRIAL WASTE PERMITS City Manager. Koski advised the Los Angeles County Engineer- Facilities has informed the City there are currently 43 industrial waste dis- chargers within the City limits, The County Engineer has a computerized billing procedure and can collect the fees for the City. Cost to the City for billing to individual user will be about 50 and inspection charges will depend on the time spent for inspection. Councilman Tyrell moved to authorize the County Engineer- Facilities to inspect and collect fees of industrial waste dischargers, seconded by Councilman Atkins and carried. 11, TEMPLE CITY MUNICIPAL LIGHTING DISTRICT: PROPOSED ACTION ON ALTER- NATIVES - DEFICIENCIES OF FUNDS FOR FY 1979 -80 1 1 City Manager Koski noted Council has received report from the Temple City Communications Committee recommending alternatives for additional funds in the Temple City Municipal Lighting District. City Council has determined to form an assessment district for ;fiscal year 1979 -80 and the City is in need of professional services to assist in development of an assessment roll. The City has received two proposals and staff recommends the City enter into agreement with Municipal Services, Inca in the amount of $10,750 Larry Cude, 9923 E. Live Oak Avenue, stated the residents are paying three times higher than the businesses on a kilowatt used basis and he feels if the lights are to be maintained at the same level downtown as in the past, they should pay for them. Mr. Cude was advised there is.no formula for allocation of costs to Zone A and -that -it will be the responsibility ,of the engineer to make recommendations as to different assessment rates for residential and commercial,,. BoyceO'Bannon; 10316 Olive Street, stated it is necessary to have an engineer regardless of what plan is adopted and as long as the costs are based on what is fair and equitable he would not object. He stated he believes the lighting district should be divided into three districts as outlined in his supplemental report to the Communications Committee report. City:;Attorney Martin advised that it is necessary to have an engineering study to implement any type of district; that the basis for spread of assessment must :be based on benefit which must stand up in court if challenged, After a-public hearing the assessment might be by ad valorem, front footage; or any combination based on the engineer's expertise. Councilman Tyrell moved to approve an agreement with Municipal Services, Inca in the amount of $10,750 and authorize the Mayor and City Clerk to sign, seconded-by Councilman Atkins and carried. 12. AWARD CONTRACT: CRA PARKING LOT MAINTENANCE - FY 1979 -80 City Manager Koski presented a proposed agreement between the City and New Life Gardening, advising staff advertised for informal bids and received two quotations for the maintenance of planted areas in the CRA area. Although the program was scheduled to begin July 1, 1979, staff feels that our existing personnel situation warrants beginning the pro- Council Minutes, May 1, 1979 - Page 4 gram as soon as possible, The proposed contract is for two months and staff will judge the performance of the contractor during that period of time and make a recommendation as to whether to continue the agreement for the fiscal_ year 1979 -80. New Life Gardening has quoted a bid in the amount of $360 per month compared to $565 from L & L Gardening. Councilman Tyrell moved to approve agreement with New Life Gardening in the amount of $360 for a two -month period and authorize the Mayor and City Clerk to sign, seconded by Councilman Gillanders and carried, 13 COMMUNICATIONS: A, Temple City Camellia Festival City Manager Koski presented a communication from Temple City. Camellia Festival advising that John Alcantara has been nominated Chairman of the 36th Annual Camellia Festival, Councilman Atkins moved to endorse the selection by the Festival Executive Committee and to express Council's appreciation to Jim Durfee for his services to the community as Chairman of the 35th Annual Camellia Festival, seconded by Council- man Gillanders and carried. 14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Howard Seville, 5451 Sultana Avenue, presented a petition signed by residents on Sultana and Rancho Real requesting the alley between Broadway and Rancho Real, running east and west, . be made into a one - way westbound only; 25 mph signs be posted on Sultana and Rancho Real; posting 3- ton weight limit restrictions; and that the USA service station located at the corner of Broadway and Rosemead be prohibited from washing its pavement onto the street which} :drains into the alleys between Sultana and Rosemead. Mr. Seville was advised the posting of signs, trucks using the resi- dential streets and alleys, and posting of weight limit restrictions would be taken care of administratively. Councilman Atkins moved to refer the request to make the alley one way to the Traffic Commission for their recommendation, seconded by Council - man Gillanders and carried. Mrs. Lucinda Grant, 5434 El Monte Avenue, complained of harrassment by neighbors, 'stating 'she 'has discussed the problem with the Captain at the Sheriff's Station and is advised they cannot help her. Mrs. Grant inquired whether there was anything in the Municipal Code which could help her with this nuisance. Council members explained the citizen's arrest procedure to Mrs. Grant. RECESS TO CRA: 1 1 City Council recessed at 8:50 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held April 17, 1979, approved payment on behalf of the City for rent obligation pursuant to the Parking Lot Lease Agreement between the CRA and the City; adopted resolution approving warrants and demands; and authorized Executive Director to proceed with the preparation of a report to the City Council re- lating to special assessment for the purpose of supplementing property tax revenues available for repayment of redevelopment indebtedness incurred prior to July 1, 1978. The minutes are set forth in full in the records of the Age RECONVENE AS CITY COUNCIL: 15. ACTION ON REQUEST BY CRA: There was no action to be taken. Council Minutes, May 1, 1979 - Page 5 16. MATTERS FROM CITY OFFICIALS: A. Resolution No. 79- 1804: Authorizing Participation in JPIA Joint Self - Insurance Program for Worker's Compensation Councilman Atkins moved to adopt Resolution No. 79 -1804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING PARTICIPATION IN THE WORKERS' COMPENSATION JOINT SELF - INSURANCE PROGRAM OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND DESIGNATING ITS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE, seconded by Councilman Merritt and carried. B. Councilman Tyrell moved to authorize the necessary funds for the attendance to the annual Mayor's and Councilmembers Legislative con- ference sponsored by the League of California Cities in Sacramento, May 21 -23, and to the Legislative Seminar on Local Government Finance on May 15, 1979 seconded by Councilman Gillanders and carried. C. Councilman Merritt requested Council consider adopting a resolution opposing Assembly Bills 1529, 1530, 1527, 1528, 1525, 1526, 1306, 1307, and 1556, which bills range from registration of rifles and shotguns to bans on gun ownership. Councilman Merritt moved to adopt Resolution No. 79 -1805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OPPOSING AB 1306, 1307, 1525, 1526, 1527, 1528, 1529, 1530, AND 1556, seconded by Councilman Atkins and carried. De Councilman Atkins directed Council's attention to ..a bill intro- duced by »Senator Briggs to abolish the smog test stations based on the fact they are not cost effective. Councilman Atkins stated he supports Senator Briggs' position and requested a letter be sent supporting the Senate bill. Councilman Tyrell moved to adopt Resolution No. 79 -1806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING THE LEGISLATURE TO PHASE OUT THE HAMILTON SYSTEM, seconded by Councilman Gillanders and carried, Mayor Dennis abstaining. E. Mayor Dennis advised he feels it would be beneficial for the City to support the 'position of the Chamber of Commerce on legislative matters, and also that the Chamber support the City, and he has written letters to our local representatives supporting the Chamber's position on some recent legislation affecting the business community. Mayor Dennis advised he has also written a letter to Assemblywoman Tanner opposing the McCarthy /Priolo proposal for restructuring local government funding. 17. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Atkins, meeting adjourned at 9:18 p.m. The next regular meeting of the City Council will be held Tuesday, May 15, 1979, 7:30 p.m. in the Council Chamber of the City Hallo TEST: Chi Deputy City Clerk