HomeMy Public PortalAboutCity Council_Minutes_1980-06-17_Regular 1980CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 17, 1980
INITIATION:
1. CALL TO ORDER:
Mayor Atkins called the regular meeting of the City Council to order
at 7:31 p.m. on Tuesday, June 17, 1980, in the Council Chamber of
the City Hall.
2. The invocation was given by Rabbi Alan Lachtman, Temple Beth David,
9677 Longden Avenue.
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, Planning
Director Dragicevich, Parks and Recreation Director
Kobett, Lt, Jeane Robertson, Sheriff's Department
5, CONSENT CALENDAR:
Councilman Tyrell requested Item E(3) be removed from the Consent
Calendar and continued to the July 1 agenda.
Councilman Tyrell moved to approve Items A through E(2) and Items
E(4) through H as recommended, seconded by Councilman Merritt and
carried,
A. APPROVAL OF MINUTES - Regular Meeting of June 3, 1980.
Approved as written,
B. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of June 10, 1980
(1) CONDITIONAL USE PERMIT CASE NO. 80 -583 AND TENTATIVE TRACT
NO, 39984, 6042 -44 TEMPLE CITY BOULEVARD
Set public hearing July 1, 1980,
(2) PLANNING COMMISSION ACTION
Received and filed memo pertaining to action taken by the Planning
Commission at their regular meeting held June 10, 1980.
C. IMPROVEMENT OF TENNIS COURTS AT TEMPLE CITY HIGH SCHOOL
Authorized staff to amend the project application with the State and
approved the resurfacing and installation of wind screening on the
two south tennis courts at Temple City High School at an estimated
cost of $6,000.
D. ACCEPTANCE OF WORK - REMOVAL AND REPLACEMENT OF SIDEWALKS AT
VARIOUS LOCATIONS
Accepted the work performed by Vaught Construction in accordance with
the specifications of the project, and authorized payment in the amount
of $4,768,50.
Council Minutes, June 17, 1980 - Page 2
E. RENEWAL OF AGREEMENTS:
(1) CHAMBER OF COMMERCE
Approved agreement for the fiscal year 1980 -81 and authorized
Mayor and City Clerk to sign.
(2) PUBLIC RELATIONS COORDINATOR
Approved agreement for fiscal year 1980 -81 and authorized the
Mayor and City Clerk to sign.
(4) L & L LANDSCAPE MAINTENANCE
Approved agreement for the fiscal year 1980 -81 and authorized
the Mayor and City Clerk to sign.
(5)' AUDITING SERVICES
Approved Letter of Agreement from McGladrey Hendrickson & Co.
for auditing services for fiscal year 1980 -81 and authorized
City Manager to sign letter,
RESOLUTION NO, 80-1906: AUTHORIZING COUNTY TO INSPECT CITY BRIDGES
F
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Adopted Resolution No,'80 -1906 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY - 'DETERMINING THE AUTHORITY AND RESPONSIBILITY
FOR INSPECTION OF CITY BRIDGES, INDEMNIFYING THE COUNTY OF LOS
ANGELES FOR SUCH INSPECTION, AND PROVIDING FOR PAYMENT OF COSTS THEREOF.
G RESOLUTION NO, 80 -1907: EMPLOYMENT OF PERSONNEL
Adopted Resolution No, 80 -1907 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
H. RESOLUTION NO, 80-1908: WARRANTS AND DEMANDS
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Adopted Resolution No, 80 -1908 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$47,627.09, DEMAND NOS, 372 THRU 447,
CONSENT CALENDAR ITEM E(3) RENEWAL OF AGREEMENT - SIGNAL MAINTENANCE, INC
Councilman Tyrell moved to continue consideration of renewal of agree-
ment with Signal Maintenance Inc, for monthly maintenance of the
signalized intersections to July 1, 1980, seconded by Councilman
Merritt and carried,
UNFINISHED BUSINESS:
6. PUBLIC HEARING: A. REVENUE SHARING FUNDS
B. ADOPTION OF'1980 -81 BUDGET
City Manager Koski..presented background information, stating the City
Council, at their'regular Meeting held May 6 continued public hearing
on revenue sharing funds in the amount of $36,300 proposed to be ex-
°ended on public safety -law enforcement, to June 17, 1980 public
hearing relating to the adoption of the 1980 -81 budget. Budget
appropriations have been made to reflect the desires of the City
Council, Before the Council this evening is a resolution adopting th
city budget and appropriating revenue of the City for fiscal year 198 1
Mayor Atkins, declared the "public
to speak to come forward, There
Councilman Tyrell moved to close
Dennis and carried,
hearing open and invited anyone wishing
being no one come forward to speak,.
public hearing, seconded by Councilman
Councilman Tyrell moved to appropriate $36,300 of revenue sharing funds
to public safety -law enforcement and adopt Resolution No. 80 -1909 A
1
Council Minutes, June 17, 1980 - Page 3
RESOLUTION OF THE'CITY-COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING
THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL
YEAR 1980 -81, seconded by Councilman .Merritt and carried.
7 PUBLIC HEARING: PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE SECTIONS
9371.1A AND B - RELATING TO NON - RETAIL USES IN C -1 ZONE
City Manager Koski presented background information, stating the Plan-
ning Commission held public hearing on an amendment to the Temple City
Zoning Code relating to non - retail uses in the C -1 zone; continued the
matter to a study session with the Chamber of Commerce in April.
Correspondence from the Chamber indicated they were not in agreement
that all the uses be eliminated and requested the hearing be continued.
Planning Commission, at their regular meeting held April 22, 1980 set
public hearing May 13, 1980 at which time they adopted a resolution
recommending amendment to Section 9371.1A and 9371.1B to eliminate such
uses as barbers .. and beauticians, insurance agents and /or brokers, in-
vestment securities and stock brokerage firms, carpet and rug sales,
instant printing, interior decorating, photograph studios, sign show
cards and poster, trading stamp redemption centers, and upholstery
fabrics and supplies,
Mayor Atkins declared the public hearing open.
Councilman Tyrell stated he felt the matter should be continued to a
study session to which Councilman Gillanders agreed. Councilman Merritt
stated he had no objection because, in his opinion, the ordinance is
misunderstood and more clarification is needed.
Councilman Tyrell moved to continue the matter to an adjourned meeting
to be held Tuesday, June 24, 1980 and to the City Council agenda
July 1, 1980 for Council action, seconded by Councilman Merritt and
carried,
I 8. PUBLIC HEARING: PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE SECTIONS
9352, 9362. AND 9366(2) - RELATING TO STANDARDS FOR APARTMENTS
City Manager Koski presented background information, stating the Plan-
ning Conmiiss±on, at their regular meeting held May 13, 1980, adopted•a
resolution recommending an amendment to the Temple City Zoning Code
relating to standards f�r apartment structures. City Manager Koski .
summarized .the.propose - standards: 1) open space - 500 sq, ft. per unit
in R -2, 300 sq, ft, per unit in R -3 and R -4; 2) 10 ft. side yard setback
for.one -story structures and 15 ft, for second story portion of any
building;. 3).22 parking spaces for each unit; 4) underground utilities
and plumbing shut -off valves; 5) insulation performance standards for
common walls and floor- ceiling assemblies; 6) landscaping and exterior
lighting plan; and 7) single area of 200 cubic feet of storage area.
City Council, at their regular meeting held May. 20, 1980, set public
hearing to consider the proposed amendment June 17, 1980.
Mayor Atkins declared the public hearing open and invited anyone
wishing to speak to come forward,
John Conover, 9110 Las Tunas Drive, stated it would be difficult,to
develop a• 50 ft, lot with a 10ft. set back for single story and 15 ft.
set back for the second story, that it would be an undue hardship on
people who have an existing structure and want to develop the property
further; clarification'should be made as to what an enclosed narking
space is; the 5 ft. high masonry wall for,storage area will be a problem;
and 200 cu, ft, of storage is excessive, 160 cu, ft, being the usual and
quite adequate. Mr. Conover stated that tenants will usually park in
their designated.park.ing space, however, if doors are required, he will
park in another space rather than open the door, and also will use
the space for storage if it has a door and find another space for his
vehicle.
Planning Director Dragicevich clarified an enclosed parking space as
having three sides, either with or without a door..
Council Minutes, June 17, 1980 - Page 4
Tanya Wong, 6811 Golden West Avenue, stated she has an R -4 property
with a 50 ft, .wide front by 185 ft. deep, with one structure which
she . expected to develop with condominiums. After the new criteria
for condominiums was adopted, she decided to build apartments, but
with the required setbacks being proposed she could not develop the
property and is opposed to the proposed amendments to the zoning code.
Vince Sanchez, stated he is opposed to the new ordinance.
There being no further comments, Councilman Gillanders moved to close
the public hearing, seconded by Councilman Dennis and carried,
Councilman Dennis stated the point regarding storage area is valid
and feels 160 cu. ft. which would be 4x4x10 is adequate, otherwise
he feels the ordinance is reasonable,
Councilman Gillanders agreed, and also the parking spaces without
doors would be more practical.
Councilman Merritt felt that 160 cu. ft. of storage space is reason-
able and would support a change,
Councilman Tyrell moved the 'Environmental Impact Report be amended to
include the couuuents of those testifying at the public hearing by
incorporating a copy of the minutes into the report; that the Report
has been completed in conformance with the California Environmental
Quality Act and the State guidelines, and to certify the Negative
Declaration, seconded by Councilman Merritt and -carried.
Councilman Tyrell moved to amend Item 12 of the proposed changes in
design criteria, Exhibit A to the Planning Commission resolution, to
read 160 cu, ft. of storage space, seconded by Councilman Gillanders
and carried.
Councilman.Tyrell.moved to introduce Ordinance No, 80 -496 AN ORDINANCE
OF THE CITY. COUNCIL. OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9352,
9362, and 9366(2) RELATING TO DEVELOPMENT STANDARDS FOR APARTMENTS IN
THE R -2, R -3 AND R -4 ZONES by title only and waive further reading,
seconded by Councilman Gillanders and carried,
9. PUBLIC HEARING: REVISION OF-HOUSING ELEMENT OF THE GENERAL PLAN
City Attorney Martin requested the matter be referred to the City
Attorney's office for analysis and report back to Council prior to
any action,
Councilman Merritt moved to continue the matter to the July 1, 1980
.Council meeting, seconded by Councilman Gillanders and carried.
10. ORDINANCE NO. 80 -494: 2nd read. RELATING TO BURGLAR ALARM SYSTEMS
City Manager Koski advised the subject ordinance was on City Council
agenda June 3 at which time it was introduced and continued to June 17
for second reading and adoption.
Mayor Atkins advised that prior to second reading and adoption,
Council would accept public input.
Mary Lou Swain, 5758 Agnes Avenue, stated that when the problem was
first discussed, Council made a decision to hold meetings with those
businesses whose names were listed on the Sheriff's report and try
to obtain their cooperation rather than put new laws on the books.
Only one meeting was held and the next Sheriff's report showed only
one business being repeated, which indicates a good response. No
further meetings were called and she felt an adequate opportunity to
respond to the problem was not given. Mrs, Swain stated further that
she feels there is a double standard in that the Sheriff's Department
responds to the residential community and encourages their calls and the
Council Minutes, June 17, 1980 - Page 5
same measure is not-being applied to the business conununity. Mrs.
Swain also felt that many alarms being attributed to being false
really are not false alarms,
Councilman Gillanders responded to Mrs. Swain's remarks, stating the
difference between the residential and business community is that the
Sheriff is responding to a request for service being given over the
phone and a "request' for service given by a machine.
In answer to questions from Council, Lt. Jeane Robertson stated her
report has been compiled by hand; and that without an ordinance no
statistical data can be made available.
Brent Cannon, 9610 Las Tunas Drive, stated it is very difficult to
control false alarms in that the telephone can set the system off,
or even a truck driving down Las Tunas Drive,
Lou Smaldino, :6252 :Rosemead Boulevard, stated in his opinion an
ordinance will not stop false alarms and is just another tax. At
the present time-the City has a good relationship with business and
this type of ordinance would drive ,a wedge in that_spirit of cooperation.
He feels the Sheriff has made a judgment as to whether the alarms are
false or not and often without adeauate investigation. He urged Council
to try to solve the problem without adopting a punitive ordinance,
possibly regulating the equipment and /or__installation.
Councilman Merritt stated he would like to see Section 4161(b) define
alarm owner as the person selling the equipment. City Attorney Martin
advised the City is pre - empted by the State as to defining owner.
Councilman Tyrell stated the false alarms seem to be in several cate-
gories; that is, poor equipment, poor maintenance of the equipment and
poor employee information: The problem is a serious one and the duty
of the operatorof the system co see it is operated in such a,manner
so as not to cause public injury,' He stated it is hoped the business
community will understand Council represents all of the conununity and
not just the businesses. The ordinance is written so that after the
first violation a written notice requests the violator to correct the
problem and no further action taken provided the causes of the violation
have been removed or fully corrected. Councilman Tyrell expressed' his
concern for the safety of the citizens and the officers in creating
hazardous conditions in answering false alarms.
Councilman Gillanders stated the Council is not dealing with personal
preference, rather they are dealing with citizens who can get hurt by
Sheriff's answering alarms at excessive speed. He feels the ordinance
enables the Sheriff's Department to counsel with the businesses ex=
periencing problems with their system, and can compile more accurate
statistics,
Councilman Dennis stated he is not opposed to trying to resolve.,the,
problem, however, as the ordinance is written he doesn't be.1Leva the
deputies are qualified to say which was a false alarm, This Council
consistently criticizes state and federal government for doing what
it's considering this evening, adopting a law which will create red
tape and hard feelings between the City and the, business community,..
He feels the meeting he held with offenders produced results and
that type of program should be implemented on a continuing basis-
Mayor Atkins stated he generally concurs with Councilman Dennis,
expressing concern with 1) basic concept of what is a false alarm,
and 2) we have not seen that this type of ordinance adopted in other
cities has resolved' the problem_
Councilman Tyrell moved to waive further reading of Ordinance No. 80-494,
seconded by Councilman Giilanders and carried.
Councilman Tyrell moved to adopt Ordinance No, 80 -494 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING PART F OF CHAPTER 1 OF ARTICLE IV OF
Council Minutes, June 17, 1980 - Page 6
THE TEMPLE CITY MUNICIPAL CODE, seconded by Councilman Gillanders
and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Gillanders, Merritt, Tyrell
NOES: Councilmen- Dennis, Atkins
11. RESOLUTION NO. 80 -1911: AW ARDING CABLE ANTENNA TELE VISION FRANCHISE -
FALCON COMMUNICATIONS
City Attorney Martin stated he met with the City Manager and as of
this evening has completed the fourth draft of the resolution which
incorporates most of the _concerns expressed by Council. He has gone
over the resolution with Marc Nathanson and George Crook, Counsel
for the franchisee and is now in a form acceptable to them and the
City Attorney and City-Manager.
Councilman Tyrell moved to-adopt Resolution No, 80 -1911 A RESOLUTION
OF THE CITY COUNCIL OF-THE "CITY OF TEMPLE CITY AWARDING TO FALCON
COMMUNICATIONS A.FIFTEEN "`(15) YEAR NON- EXCLUSIVE FRANCHISE TO CON-
STRUCT, OWN, OPERATE AND, MAINTAIN A COMMUNITY ANTENNA TELEVISION
SYSTEM WITHIN THE CITY "OF'TEMPLE CITY, CALIFORNIA: SETTING FORTH
CONDITIONS" ACCOMPANYING`THE "GRANTING OF SAID FRANCHISE: PROVIDING
FOR CITY REGULATION AND "USE OF THE COMMUNITY ANTENNA TELEVISION SYS-
TEM::` PRESCRIBING PENALTIES FOR VIOLATION OF THE RESOLUTION AS PROVIDED
FOR IN: ORDINANCE .NO: 80 -492 ADOPTED BY THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY THE 18th DAY OF MARCH, 1980, seconded by Councilman
Merritt and carried on a roll call vote:
ROLL :CALL
AYES: Councilmen- Dennis, Gillanders, Merritt, Tyrell, Atkins
NOES: Councilmen -None
NEW BUSINESS:
None,
12. COMMUNICATIONS:
A. City Attorney-Martin presented communication from Chief Counsel
in the Agins v. City of Tiburon advising the United States Supreme
Court denied in favor' of' the ' cities joining in the amicus brief,
B. Mayor Atkins advised he had received a letter from Supervisor
Schabarum in response to his letter concerning the improvement of
Santa Anita Avenue-in which he advised the project could not be
included in the 1980-81-budget, however the Road Department could
prepare the plans during the 1980 -81 fiscal year and make an effort
to include the project in the 1981 -82 budget,
13. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
John Conover, 9110 Las- Tunas Drive, advised he had received an estimate
from an electrician to convert his electrical panel box to accommodate
the urrdergrounding of electrical utilities to his property at 9042
Las Tunas Drive in excess of $3,000 which was estimated by Edison to
be approximately $500, He requested Council consider reversing their
decision to establish Underground Utility District #4,
'RECESS TO CRA:-
City .Council, recessed- at- 9 :.18 p ,m. to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held June 3, 1980 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.
Council Minutes, June 17, 1980 - Page 7
15 MATTERS FROM CITY` OFFICIALS':
1
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A. Appeal from Planning Commission Decision - Modification of
Zone Variance Case No'. 79 -565 - 9094 Las Tunas Drive
Councilman Tyrell moved to set public hearing July 1, 1980, to
consider subject appeal, seconded by Councilman Merritt and carried.
B. Ordinance No, 80 -497: Relating to Display of Books, Magazines
and other Publications deemed harmful to minors
City Attorney Martin introduced Ordinance No, 80 -497 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY
MUNICIPAL CODE BY ADDING CHAPTER 9 TO ARTICLE IV DEALING WITH THE
DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS for first reading
by title only, Councilman Tyrell moved to waive further reading,
seconded by Councilman Gillanders and carried,
C. City Attorney Martin advised Council he had investigated the claim
of Emile Juick and determined the claim was correctly processed in all
regards and there is nothing further Council can do.
D. Mayor .Atkins :advised . he had contacted those Commissioners whose
terms of office _expire June 30, 1980 and all had indicated their
willingness.to: continue .to serve. Councilman Tyrell moved to confirm
the . reappointment- of Penny Graham and Al Millham to the Parking
Couuis :sion; Bud Adams Flora Burlingame, Sig Caswell, and Harry Crump
to the Parks and Recreation Commission; Tom Breazeal, Don Lawson,
Jerry Seibert, and Bob Stacy to the Planning Couunission; and Larry
Reed, Mark Schrock, and Bill Swain to the Traffic Commission; all
for a term of two years effective July 1, 1980, seconded by Councilman
Merritt and carried.
E. Councilman Tyrell directed Council's attention to an article in
the Congressional Record which states 1980 is the Year of the Camellia
and requested a.letter be forwarded to Congressman Rousselot requesting
his support for a-commemorative stamp,
16. ADJOURNMENT:
On motion-by Councilman Tyrell, seconded by Councilman Gillanders,
meeting adjourned at 9.:40 p.m. to an adjourned meeting to be held
Tuesday, June 24, 1980, 7:30 p,m. Next regular meeting of the City
Council will be held Tuesday, July 1, 1980, 7:30 p.m, in the Council
Chamber of the City Hall,
ATTEST:
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ief Deputy City C eric
MAYOR