HomeMy Public PortalAboutCity Council_Minutes_1980-12-02_Regular 19801
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
DECEMBER 2, 1980
INITIATION:
1. CALL TO ORDER:
Mayor Atkins called the regular meeting of the City Council to
order at 7:35 p.m. on Tuesday, December 2, 1980, in the Council
Chamber of the City Hall.
2. INVOCATION:
The invocation was given by Pastor Robert Knox, Seventh Day
Adventist Church, 9664 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 Kimbrough, Parks and Recreation Director
Kobett, Julie Estrada, Temple City Times
5. CONSENT CALENDAR:
Councilman Merritt moved to approve Items A through E as recommended,
seconded by Councilman Gillanders and carried.
A. APPROVAL OF MINUTES - Regular Meeting of November 18, 1980
Approved as written.
B. CLOSING OF CITY OFFICES ON DECEMBER 26, 1980
Approved closing City IIal.l on Friday, December 26, 1980, staff taking
either a floating holiday or vacation day in lieu of working that day.
C. 37TH CAMELLIA FESTIVAL COMMITTEE - REQUEST TO USE FACILITIES
FEBRUARY 27 and 28, MARCH 1, 1981
Approved request to use City facilities as set forth in their letter
dated November 19, subject to all necessary permits and legal
requirements, including certificate of insurance in the amount of
$5 million.
D. RESOLUTION NO. 80 -1949: APPROVING THE DESTRUCTION OF CERTAIN
CITY RECORDS
Adopted Resolution No. 80 -1949 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPROVING THE DESTRUCTION OF CERTAIN CITY
RECORDS, all pursuant to retention schedule approved by City Council.
E. RESOLUTION NO. 80 -1950: WARRANTS AND DEMANDS
Adopted Resolution No. 80 -1950 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$62,682.80, DEMAND NOS. 1132 THRU 1195.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: UNDERGROUND UTILITY DISTRICT NO. 4 - MODIFICATION
OF BOUNDARIES
City Manager Koski presented background information, stating that
in the process of implementing Underground Utility District No. 4
Council Minutes, December 2, 1980 - Page 2
it was determined that several additional properties must be in-
cluded in the district to fully underground the alleys on the
north side of Las Tunas Drive, otherwise new utility poles must
be set to serve these residential properties. Property owners at
9128 Hermosa Drive, 5824 Hart Avenue, 5822 and 5826 Sultana Avenue,
and 5658 Rosemead Boulevard were advised of the public hearing.
Public right -of -way at 5734 Sultana Avenue is also included in
the modification of boundary. A completion date is now projected
to be May 1, 1981 and Edison has requested an extension of time
for the necessary work to be accomplished. The City Engineer's
report gives detailed cost estimates for the additional properties.
In answer to question from Council regarding justification for
adding residential properties at this late date, Assistant City
Manager Kimbrough advised they all abut the alley and when the
project was started and field work begun, it was determined by
staff, Edison Company and Pacific Telephone they would have to be
included or have to set new utility poles which would compromise
the undergrounding of utilities.
Mayor Atkins declared the public hearing open and invited anyone
wishing to speak to come forward.
Mrs. Ervina Graham, 9128 Hermosa Avenue, stated the underground
district was supposed to be for businesses only and she objects
to being included, particularly since they were told they would
not be included under any circumstances.
Mrs. Alice Stopplehanuner, 5824 Hart Avenue, representing her parents,
stated she does not feel that they should be required to pay approxi-
mately $1134 for service they already receive.
John Conover, 9110 Las Tunas Drive, said that during the first publi
hearing the statement was made that public funds cannot be spent
for improvements on private property and at the public hearing for
District No. 5, the City picked up the costs on private property.
He feels District No. 4 property owners should benefit similarly.
Joe Marchica, 9127 Las Tunas Drive, stated his objections to the
cost to property owners in District No. 4.
There being no one else come forward to speak, Councilman Gillanders
moved to close the public hearing, seconded by Councilman Merritt
and carried.
Councilman Dennis agreed with concerns based on cost to the property
owner. The residential, property, in his opinion will not gain any
benefit from the undergrounding and the costs are prohibitive. He
would favor relocating the poles north of the alley on the north
side of Las Tunas Drive.
Councilman Gillanders stated he objected to the underground district
when originally considered and he feels the only choice left at this
point would be to pay the expenses incurred by this project or to
simply delete the residential properties or put up poles and live
with it.
Councilman Merritt felt that the residential properties could be
served by pulling in service from poles already in the area. He
responded to the remarks regarding the City paying for the cost for
District No. 5 by stating the property owners had nothing to gain
and the entire benefit accrued to the City.
Councilman Tyrell stated that when District No. 4 was established
the Council was given an estimated to property owners of $.500 per
service; contractor's estimates are running almost $2,000, and he
feels the City should go forward, include the residential properties
to be paid for by the City and that the City should pick up the
cost for business property in excess of the $500 estimate. He
also felt the City should contract for the entire project which
should keep costs down and it would be keeping faith with the
property owners within District No. 4.
Council Minutes, December 2, 1980 - Page 3
Mayor Atkins. felt there is a long term benefit to be derived to
the business properties; the residential properties concerned can
be serviced by placement of three poles which he does not feel
would compromise the project.
Councilman Tyrell moved to adopt Resolution No. 80 -1951A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MODIFYING THE BOUNDARY
DESCRIPTION OF UNDERGROUND UTILITY DISTRICT NO. 4., seconded by
Councilman Gillanders and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Gillanders, Merritt, Tyrell, Atkins
NOES: Councilmen - Dennis
Councilman Tyrell moved to authorize staff to have prepared plans
and specifications for connecting the underground facilities in
the public right -of -way to the customer's meter panel and to solicit
bids; to establish a maximum cost to the business property owner of
no more than $500 per underground service provided; and that there
be no cost to the residential property owner within Underground
Utility District No. 4, all based on findings indicated by the City
Attorney that: 1) that the project is of substantial benefit to the
City as a whole and to the taxpayers in the City; 2) there appears
to have been a gross misrepresentation of the estimate of the costs
and the district was formed on the basis of that misrepresentation;
3) there appears to be little benefit to the individual property
owner as compared to the substantial benefit to the City as a whole;
4) it appears that the connections can be done with more coordination
and for less money by a single contracting agency; and 5) in settle-
ment of the disputes and claims that have been lodged in connection
with the district, justifying the expenditure of public funds,
seconded by Councilman Gillanders.
Councilman Dennis stated the Council made their decision based on
what they thought was an accurate cost estimate and he would not
approve making another decision such as this without knowing exactly
what the cost would be.
Motion carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Gillanders, Merritt, Tyrell, Atkins
NOES: Councilmen- Dennis
7 RENEWAL OF AGREEMENT TO CROSS OVER PEDESTRIAN MALL lA - ZAGER SMITH
CARPET COMPANY, 9510 LAS TUNAS DRIVE
City Manager Koski presented background information, stating the
matter was before City Council on August 5, 1980, the Parking Com-
mission recommending renewal of subject agreement for a one -year
period. At that time the permit to cross over the pedestrian mall
was renewed for a three -month period.
Councilman Dennis stated he had previously expressed concern as to
whether this business was operating in conformance with the intended
uses permitted in the C -1 Zone and he still has some question and
feels that granting a permit to cross over the pedestrian mall is
a privilege.
Councilman Gillanders moved to grant an extension of the agreement
for an additional 90 days subject to conditions 1 through 7 and the
additional condition that no storage of vehicle may be maintained
on the property located at 9510 Las Tunas Drive, seconded by Council-
man Tyrell and carried.
8. PLANNING COMMISSION REFERRAL: TEMPLE CITY ZONING CODE SECTION 9332
RE: REPAIR OF VEHICLES ON RESIDENTIAL ZONED PROPERTIES
City Manager Koski presented background information, stating the
Planning Commission, at the request of City Council, reviewed
Section 9332 of the Zoning Code and recommended no change at this
time, it being the consensus of the Commission sufficient latitude
exists to allow for reasonable repair work.
Council Minutes, December 2, 1980 - Page 4
Mayor Atkins advised Council he had attended the Planning Commission
meeting and it was their suggestion that violations of the Code
be handled more cautiously, and specifically, that they be reviewed
by the City Manager.
In answer to Councilman Dennis' question as to whether a person
working on a family member's car would be in violation of the Code,
City Attorney Martin answered in the affirmative.
Councilman Gillanders stated that many hobbiests have expertise in
a particular area in the repair of antiques and if one hobbiest
repairs another's vehicle he would be in violation of the code.
Mayor Atkins stated that there has only been one problem since the
adoption of the ordinance and any future problems would be eliminated
with the Planning Commission's recommendation for a procedural change.
Councilman Tyrell felt there should be a change in the ordinance
allowing for related family members to work on cars, but would not
want the prohibition removed which would allow anyone to moonlight
at their residence which would be a problem to neighbors but dif-
ficult to prove.
Councilman Gillanders stated that although there has been only one
problem, that was an embarrassment to the community and feels if
it were a public nuisance rather than a misdemeanor it would be better.
Councilman Merritt agreed with Councilman Gillanders that making a
violation a public nuisance rather than a misdemeanor would correct
the problem.
Councilman Dennis agreed with Councilman Tyrell, but believed a time
limit in the existing ordinance is necessary.
Councilman Tyrell moved to set public hearing January 6, 1981 to
consider alternative ordinances, seconded by Councilman Merritt and
carried.
Sig Caswell, 9518 Olive Street, stated he feels the Council should
set a policy so that residents are not at the mercy of City employees.
9. COMMUNICATIONS:
A. City Council received and filed a communication from Temple City
Unified School District advising the district owned property located
at 6602 N. Oak Avenue is being made available for sale.
B. City Manager Koski presented communication from Pacific Outdoor
Advertising Company in response to letter from Supervisor Schabarum
to cities throughout the county urging them to adopt an ordinance
prohibiting outdoor advertising structures. City Manager Koski
also presented a draft ordinance placing a moratorium on new out-
door advertising structures.
Councilman Tyrell moved to adopt Ordinance No. 80 -498 AN INTERIM
ORDINANCE TEMPORARILY PROHIBITING THE CONSTRUCTION, ERECTION OR
PLACEMENT OF ANY SIGN STRUCTURE FOR AN OUTDOOR ADVERTISING SIGN IN
THE CITY OF TEMPLE CITY, DECLARING THE URGENCY THEREOF AND THAT THIS
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY, and set public hearing
January 20, 1980, referring the matter to the Planning Commission
for review of the existing provisions of the zoning code relating
to Section 9410(71) and 9411.A which now permit new outdoor adver-
tising structures, seconded by Councilman Dennis and carried.
10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Joe Braun, 9532 Olive Street, stated that City Council, by passing
many ordinances is taking the citizens rights away from them.
Ervina Graham, 9128 Hermosa Avenue, thanked the Council for their
action taken regarding the Underground Utility District No. 4.
Council Minutes, December 2, 1980 - Page 5
John Conover, 9110 Las Tunas Drive, questioned whether the Council's
action regarding the underground utility district meant the City
would now go out to bid for connections to individual service. Mr.
Conover was advised the staff will investigate and report bac1, to
Council as to how the City can assist the property owners by bidding
the contract in one package.
1 RECESS TO CRA:
1
1
City Council recessed at 8:58 p.m. to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular
meeting held November 18, 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:
11. ACTION ON REQUEST BY CRA:
There was no action to be taken.
12. MATTERS FROM CITY OFFICIALS:
A. EOC Equipment and Furnishing
City Manager Koski presented a request for folding tables, chairs,
radio equipment, telephone equipment and projection screen for
the EOC.
Councilman Tyrell moved to approve the purchase and installation
at an estimated cost of $6,188, appropriate additional funds and
amend the adopted budget accordingly, seconded by Councilman
Gillanders and carried.
B. City Council received and filed a status report on the handling
and collection of traffic citations.
C. Councilman Gillanders advised he attended the third hearing on
the new proposed Los Angeles Airport, at which time the committee
voted 13:1 in opposition; however, in answer to question as to how
to terminate this project, the committee was told by SCAG there is
no way and the project will be continued. Councilman Gillanders
requested support in writing a letter to our representative asking
Congress to stop SCAG through the Federal Aviation Administration.
D. Mayor Atkins advised that Mr. DeLarosa, aide to Assemblywoman
Sally Tanner, was in the audience this evening.
13. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Merritt,
meeting adjourned at 9:06 p.m. Next regular meeting of the City
Council will be held Tuesday, December 16, 1980, 7:30 p.m. in
the Council Chamber of the City Hall.
ATTEST:
Chief Deputy City Clerk