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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