HomeMy Public PortalAboutCity Council_Minutes_1980-06-03_Regular 1980CITY OF TEMPLE CITY
-CITY COUNCIL
MINUTES
JUNE 3, 1980
INITIATION:
1. CALL TO ORDER:
Mayor Atkins called the regular meeting of the City Council to
order at 7:32 p.m. on Tuesday, June 3, 1980, in the Council Chamber
of the City Hall.
2. The invocation was given by Father Craig Cox, St. Luke's Catholic
Church, 9451 E. Broadway.
3, The Pledge of Allegiance to the Flag was led by Mayor Atkins.
4. ROLL CALL:
Present: Councilmen- Dennis, Gillanders, Merritt, Tyrell, Atkins
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Planning Director Dragicevich,
Parks and Recreation Director Kobett, Lt. Jeane
Robertson, Sheriff's Department, Julie Estrada,
Temple City Times
At this time, Mayor Atkins acknowledged the Proclamation presented to the
City at it's 20th birthday dinner, signed by Assemblyman Mountjoy and
Assemblywoman. Tanner.
I 5, CONSENT CALENDAR:
On motion by Councilman Tyrell,, seconded by Councilman Gillanders,
Items A through H on the Consent Calendar were approved as recom-
mended,
A. APPROVAL OF MINUTES - Regular Meeting of May 20, 1980.
Approved as written,
B. PROPOSED BUDGET - FY-1980-81
Received the proposedbudget and set public hearing June 17, 1980.
C. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting
of May 21, 1980
(1) REQUEST TO CONDUCT TENNIS TOURNAMENTS AT LIVE OAK PARK,
TEMPLE CITY TENNIS CLUB
Approved reserving four. tennis courts June 21, July 12 and
August 16 from I p.m. to 4 p.m. to conduct a Junior Invitational
Tennis Tournament, and reserving seven courts August 2 and 3
and four courts August 9 and 10 for the purpose of conducting
an adult Open Tournament.
(2) RENEWAL OF AGREEMENT - COMMUNITY RECREATION PROGRAM
TEMPLE CITY UNIFIED SCHOOL DISTRICT
Approved renewal of agreement for Community Recreation Program
as requested by School District.
D, RECOMMENDATIONS -FROM PLANNING COMMISSION - Meeting of May 27, 1980
(1) REVISION OF HOUSING ELEMENT OF THE GENERAL PLAN
Set public hearing June 17, 1980 to consider revised Housing
Element of the General Plan.
Council Minutes, June 3, 1980 - Page 2
(2) PROPERTY NUISANCE CASE NO, 80 -54, 8928 -30 BROADWAY
Adopted Resolution No, 80 -1902 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A
PUBLIC NUISANCE 'AND ORDERING ABATEMENT THEREOF,
(3) TENTATIVE TRACT NO. 39684 AND CONDITIONAL USE PERMIT (AND
ZONE CHANGE) - 8913 -19 E. HERMOSA AVENUE
Set public hearing to consider Zone Change and Tentative Tract
No. 39684 for -12 -unit condominium project July 1, 1980.
(4) PLANNING 'COMMISSION ACTION
Received and filed memo relating to action taken by the Planning
Coimiission at their regular meeting held May 27, 1980.
E. ACCEPT STREET IMPROVEMENTS TRACT NO, 35397, 5607 WELLAND
Accepted street improvements and released Faithful Performance Bond.
F, APPROVAL OF FINAL MAP TRACT NO, 35757, 5412 McCULLOCH AVENUE
Accepted easements `. :offered :for dedication, approved agreement to
construct .sanitary sewers, found that the project will not violate
any of the-provisions of the Subdivision Map Act, and instructed
the City Clerk to endorse on the face of the map approval and
acceptance of dedications:
G. RESOLUTION NO. 80-1904: EMPLOYMENT OF PERSONNEL
Adopted Resolution No, 80 -1904 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
H. RESOLUTION NO, 80-1905: WARRANTS AND DEMANDS
Adopted Resolution - No, .' "80 -1905 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$141,134.76 DEMAND NOS, 320 THRU 371.
UNFINISHED BUSINESS:'
6. PUBLIC HEARING: 1972 LANDSCAPING AND LIGHTING DISTRICT - 1980 -81
ASSESSMENT
City Manager Koski presented background information, stating City
Council, at their regular meeting held May 6, 1980, accepted the
Engineer's Report relating to the 1980 -81 assessment for the City
wide Lighting District and ` adopted a resolution declaring Council's
intent to order the 1980 =81 fiscal year levy and setting public
hearing`` June:.. 3, 1980, Notice of hearing was published and posted
in accordance with the provisions set forth in 1972 Landscaping
and Lighting Act, The proposed resolution sets the rates at which
the properties will be assessed which is proposed to be the same
as the 1979 -80 levy,"
In answer to question from Mayor Atkins, City Manager Koski advised
revenue would come approximately one -half from the special assess -
ment, one - quarter from taxes, and one - quarter from reserve funds,
Mayor :Atkins ..declared . the : public hearing open and invited anyone
wishirg to :speak .to cdnie forward, There being no one come forward
to speak, Councilman Tyrell moved to close the public hearing,
seconded by Councilman Dennis and carried.
Councilman Merritt moved to adopt Resolution No, 80 -1903 A RESOLUTION
OF THE CITY COUNCIL 'OF' THE CITY OF TEMPLE CITY ORDERING THE LEVY AND
COLLECTION OF ASSESSMENT FOR FISCAL YEAR 1980 -81 WITHIN THE CITYWIDE
LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, seconded by Councilman Gillanders and carried.
Council Minutes, June 3, 1980 - Page 3
Councilman. Dennis expressed the opinion that because of the un-
certainty of increasing costs for energy and the depletion of state
reserves, the level of assessment must remain the same as the pre-
vious year; however, at some future date the Council should con-
sider other alternatives depending on factors at that time.
ORDINANCE NO. 80- 494: RELATING TO BURGLAR ALARM SYSTEMS
City Attorney Martin advised that as a result of divergent opinion
at "a recent study session, he was directed to use his best judgment
in preparing an ordinance which would reduce the number of mal-
functibns and false alarms. He advised he prepared an ordinance
which basically imposes an infraction penalty which can be avoided
by paying a civil penalty in the amount of $25, $50, and $75 for
the first, second and third offense respectively. Councilman Dennis
has written a memorandum which is essentially the same position.
City Attorney Martin stated he feels the ordinance represents a
consensus of what Council intended to the extent possible.
Mayor Atkins stated he shares Councilman Dennis' opinion that we
don't know what constitutes a false alarm, and he feels the ordinance
makes a presumption of guilt which is not proper. Any business owner
periodically faces this problem and he feels the City should impose,
a service" charge rather than a penalty for infraction.
Councilman Dennis stated he is not in favor of any ordinance; that.
the course of action taken earlier of sitting down and discussing
the problem .with :.the businesses responsible was 75% effective and
that is the best approach, In a case where the businessman is not
cooperative some type of charge may be necessary.
Councilman Merritt stated he does not find a problem with an ordinance
which has a penalty clause, feeling it is necessary to get the
attention' of the violators,
Councilman Tyrell stated he does not feel the City should allow the
community to jeopardize the citizens and officers because .
of the .false. alarms :, _ He is concerned because of the hazard of
officers responding Code 2 or '3 from at least two directions which
create's traffic hazard to the citizens on the street and. a hazard to
officers Also, when the false alarms become routine, the
officers become complacent and they eventually could get hurt. Also,
the City has only two cars on the street; at night and the alarms take
the entire poli"c"e force leaving the rest of the City uncovered and
with response time to serious emergencies. Councilman
Tyrell said that the ordinance is written so that if the alarm owner
takes corrective action, he never will receive a penalty; it will make
the businessman more responsive to the problem.
Councilman Gill"anders thanked Councilman .Dennis for a thorough memo,
but personally felt voluntary compliance would create a problem
which places officers and the public at large in the position of
potential bodily harm. He would not place the proposed ordinance,
in the same position as the overnight parking ordinance where the
officers are writing tickets in the middle of the night and he finds
no justification for allowing anyone to maintain an alarm system
which places the police in jeopardy.
Councilman - Tyrell 'stated he would prefer that Section 4168 be revised
to reflect a civil penalty of $75, $150, and $250 fbr the first,
second and third offense respectively, because in actuality, those
offenses are the fourth, fifth and sixth.
In answer to question from Councilman Tyrell, City Attorney Martin
state he had considered a user charge when preparing the ordinance
but felt it would be unenforceable,
Councilman-Dennis expressed. concern about the alarm that might con -
ceivably activate six times in" -one day would obviously be a mal-
function. Councilman Tyrell responded, that the officers do not lack
Council Minutes, June 3, 1980 - Page 4
discretion and also after an alarm goes off that many times in
one night, obviously--;there is a lack of response on the part
of the owner.
Councilman Tyrell' moved to introduce Ordinance No. 80 -494 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING PART F OF
CHAPTER 1 OF ARTICLE IV-OF THE TEMPLE CITY MUNICIPAL CODE by title
only with Section 4168 revised to reflect civil penalty of $75, $150,
and $250 for the first, second and third offense respectively, and
waive further reading, seconded by Councilman Merritt and carried,
Councilman Dennis and Atkins noting their objections to the ordinance.
Ordinance No, 80 -494 will be placed on the. June 17 agenda for second
reading at which time public input will be accepted.
NEW BUSINESS:
None.
8. COMMUNICATIONS:
None.
9. TIME FOR THOSE IN THE 'AUDIENCE WHO WISH TO SPEAK:
Mr. Ed Waaler, 5727 Alessandro Avenue, expressed his thanks to
Council for having been named Temple City's nominee for Older
American at the recent County recognition and stated it was a
pleasure` to represent the City.
Emile`Juick, 5601 Pal Mal Avenue, spoke to the Council about his
claim for medical expenses on behalf of his daughter who was in-
jured in a basketball tournament sponsored by the Temple City Parks
and Recreation Departrnnt. His claim was denied, however he felt
the City has a moral obligation to take care of the medical bills
and also should give prior notice to participants that they are
playing at their own risk.
City Attorney Martin was instructed to research the claim and
report back .to :.City Council.
Lou Smaldino, Mr. S Liquor, inquired why no public hearing was held
relating to the burglar alarm ordinance and was advised by the
City Attorney that public hearing is not required except for zoning
and subdivision cases, but that the City will accept public input
at the next meeting when City Council will consider adopting the
ordinance.
RECESS TO CRA:
City Council' recessed at 8:25 p.m, to meet as the Community Redevelopment
Agency, all members being present, and approved the minutes of the regular
meeting held May 20, 1980. The minutes are set forth in full in the
records of the Agency.
RECONVENE AS CITY COUNCIL:
10. ACTION ON REQUEST BY CRA:
There was no action to be taken.
11. MATTERS FROM CITY OFFICIALS
A. CABLE TELEVISION PROGRESS REPORT
City Attorney Martin advised he has reviewed the Letter of Credit.
from First National Bank of- Boston indicating that Falcon Communi-
cations has a line of credit up to $12,000,000.00 and will notify
the City if Falcon draws its line of credit down in excess of
Council Minutes, June 3, 1980 - Page 5
$9,000,000000; that he is of the opinion that it is in accord
with Council concern that Falcon have available sufficient funds
to complete the system and added to the $1 million construction
bond, there is substantial guarantee the system will be built,
Councilman Tyrell stated-it was his understanding that of the $12
million a special situation would be set up to guarantee $2 million
to be used for the Temple City system.
Council received and filed the progress report.
B, Councilman Gillanders stated the evening news contained an
article about Ramsey Clark making the statement in Iran that all
charges against the United States are justified and he would like
to direct a letter to Congressman Rousselot suggesting Mr. Clark
be censored - before the Congress.
12. ADJOURNMENT:
Mayor Atkins.stated.the, meeting would be adjourned to the library
where-Council will host ,a' reception to say farewell to Rick Pucci,
Assistant City Manager who will be leaving Temple City to assume
his responsibilities " as City Administrator for the City of Bishop.
Councilman .Tyrell. moved `.to =:adjourn to a Study Session Monday, June 9
for budget purposes, .with the possibility of continuing the Study
Session Wednesday, June 1l, seconded by Councilman Gillanders and
carried, Next regular meeting of the City Council will be held
Tuesday, June 17, 1980, 7:30 p.m, in the Council Chamber of the
City Hall,
ATTEST:
ie Deputy City C er
1
LAP.,(%10-
MAYOR