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HomeMy Public PortalAboutCity Council_Minutes_1981-01-06_Regular 1981IINITIATION: 1. CALL TO ORDER: 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 6, 1981 Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, January 6, 1981, in the Council Chamber of the City Hall. 2. INVOCATION: The invocation was given by Reverend Ted Hartman, First Lutheran Church, 9123 E. Broadway. 3. The Pledge of Allegiance-was led by Mayor Atkins. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Dennis, Gillanders, Merritt, Tyrell, Atkins Councilmen -None City Manager Koski, Assistant City Manager Kimbrough, Parks and Recreation Director Kobett, Associate Planner Peterson, and Julie Estrada, Temple City Times At this time, Mr. George Koumachian spoke in memory of Mr. Al Nunamaker, eulogizing him as a man of action who lived to do things for others, ex- pecting nothing in return; a man who was honest and sincere at all times; a man who worked for his conuaunity and for the City's Sister City, Magdalena de Kino, Sonora, Mexico. Mayor Nova of Magdalena de ;iiro has instructed me to express the deep sorrow Mr. Nunamaker's friends in their community feel and communicate their wish that Temple City designate a place or street in memory of Mr. Nunamaker. On behalf of the City Council, Mayor Atkins thanked Mr. Koumachian for his message from Mayor Nova, stating the idea has merit and the matter will be taken under advisement. Mayor Atkins also expressed, on behalf of the community, condolences to members of Mr. Nunamaker's family who were in the audience. Councilman Tyrell spoke, saying that he and Councilman Merritt were on the Council with Mr. Nunamaker. Al was a tireless worker and as a result of his activities the City has several parking districts in the downtown area, and in his opinion, without his energies they would not be. Council- man Tyrell expressed his appreciation for Al Nunamaker's contribution to the community and his appreciation for having known and worked with him. 5. CONSENT CALENDAR: On motion by Councilman Gillanders, seconded by Councilman Tyrell, Items A through D on the Consent Calendar were approved, Councilman Dennis abstaining from approval of the December 16 minutes. A. APPROVAL OF MINUTES - Regular Meeting of December 16, 1980 Approved as written. Be RESOLUTION NO. 81 -1956: AUTHORIZING RENEWAL OF A CONTRACT WITH COUNTY OF LOS ANGELES CONCERNING STREET MAINTENANCE-AND CONSTRUCTION Adopted Resolution No. 81 -1956 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING STREET MAINTENANCE AND CONSTRUCTION. Council Minutes, January 6, 1981 - Page 2 C. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting of December 17, 1980 (1)-REQUEST-FOR USE OF LIVE OAK PARK - PINTO -PONY -COLT LEAGUE Approved-the-use-of-Live Oak Park by the Pinto - Pony -Colt League for registration for the 1981 season, subject to the required Certificate of Insurance.. (2) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY YMCA INDIAN GUIDES AND MAIDENS Approved the use of Live Oak Park _by the Temple City YMCA Indian Guides-.and-Maidens fora "Dime -a- Dip ", subject'to. the required Certificate-of Insurance. D. RESOLUTION NO. 81- 1957: WARRANTS AND DEMANDS Adopted Resolution-Noe 81 -1957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY-ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $109,025.06, DEMAND NOS. 1258 THRU 1317. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: RELATING TO AMENDMENT TO ZONING CODE RE: REPAIR, DISMANTLING OR STORAGE OF VEHICLES ON R -ZONED PROPERTIES City Manager Koski presented background information, stating that in response to a request from a group of citizens to consider re- vision of the Zoning Code relating to the repair of vehicles, the City Attorney prepared alternative language which Council reviewed November 18, 1980, and referred to the Planning Commission for recommendation. Planning Commission felt no change was necessary at this time as sufficient latitude exists to allow reasonable repair of vehicles on residential properties. City Council, at their regular meeting held December 2, 1980, set public hearing for January 6, 1981, to consider alternative ordinances relating to this matter. The proposed amendment is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended. 1 Mayor Atkins declared the public hearing open and invited anyone wishing to speak to come forward. Sig Caswell, 9518 Olive Street, stated in his opinion the proposed amendment does not eliminate the problem which exists for anyone working on a relative or a friend's car. He felt some provisions should be made to protect the hobbyist. Joseph Braun, 9532 Olive Street, stated he feels the ordinance is a bad law and if it has only had to be enforced once since it was enacted, it is a law that is not necessary. He pointed out that Alternative B (4) which limits repairs to seven consecutive days within any 30 day period is a hardship and impossible for a person who works 40 hours a week, can only work on their car on, a weekend, and has to pull the engine to do a job that takes more than two days. He asked Council to examine the ordinance to see whether we need one at all. Richard Abraham, 4926 Cloverly Avenue, stated the ordinance is a good one which provides a great deal of latitude and asked the Council to leave the existing ordinance as it is. Ray Williams, 6141 Loma Avenue, stated he felt the ordinance is a badlaw, citing that he cannot work on his car as the law is written, because there is no way he can get into his backyard. John Bradfute, 5024 Kauffman Avenue, stated he came to Temple City because it was a good community in which to raise children, but ex- pressed concern that a law is on the books which the majority of people know nothing about and that puts them in the position of Council Minutes, January 6, 1981 - Page 3 violating the law, Wayne Moreira, 62332 Temple City Boulevard, stated he has been working-on cars for the past 11 years and appealed to the Council to allow working people the opportunity to work on their vehicles, whether it be an individual working on his own car or a hobbyist. As the law is written he cannot help a family member repair his car because the ordinance is too restrictive. Mary Lou Swain, 5758 Agnes. Avenue, stated that many hobbyists and other residents do not abuse the law; however, she has a neighbor who abused the law and the law is necessary to restrict such abusers. Although the City's records may show the law was used only once, the fact remains that many people rely on the Sheriff's Department to use the law as a means to solicit the cooperation from those who would abuse it. Bill Marks, 9803 Miloan Avenue; stated that he for one does not want dismantled cars making an eyesore in his neighborhood, but he would like to see a law which cannot be abused. There being so much controversy on both sides, he would like to see any violation come before a board prior to being brought to the attention of the District Attorney. Marlin Perry, resident of Arcadia, and a member of the Model A Club, stated he has no objection to the law, but feels it should be con- trolled by the City and not the District Attorney. There being-no one else come forward to speak, Councilman Merritt moved to close the public hearing, seconded by Councilman Dennis and carried. Mayor Atkins outlined the options before City Council. Exhibit A would be changed in the Zoning Code; Exhibit B would be under the provisions of the-Municipal Code nuisance section; and the third option would be no change at all, City Manager Koski advised that one other option Council may wish to consider is a policy statement as to enforcement of the code. Councilman Merritt stated that he felt an ordinance should be adopted providing that violations should be reviewed by the City Council which should eliminate future problems with the existing law. Councilman Dennis stated there having been a lot of discussion that the law is being abused, he does not see it; the law is there for the benefit of the citizens and wanted by the majority of the citi- zens. He feels there have been numerous occasions where the law has been implied by inference through staff or the Sheriff's Depart- ment and only one mistake. The law may need to be changed to provide that vehicle repair may be done by persons residing on the property rather than just'the owner. He feels that cities which do not have this type of ordinance have a deteriorating community. Councilman Gillanders stated that protection under the law is a two - way street. The way the code is written a citizen can be taken to trial for a misdemeanor for working on a relative's car; an ordinance which has the possibility of abuse is a bad situation; pride in a community cannot be legislated and he does not go along with the theory that people flock. to Temple City because of the restrictions on the use of private property. He feels the ordinance is a bad one and should be changed, Councilman Merritt stated he does not agree the ordinance is abused; with any law there can be bad judgment and moved to amend the ordinance to require violations be reviewed by the City Council, and if not corrected; taken to the courts, seconded by Councilman Gillanders. Council Minutes; January.6, 1981 - Page_4 Councilman Tyrell stated. :he feels_the problem can be eliminated with an amendment_ such _as_ :suggested__by...Councilman Merritt; however, he does not feel it is necessary to bring violations before the City. Council. They- can_be. handled- administratively.by. review-of 'violations by the City-Manager-and City-Attorney.prior to referral for prosecution.. Mayor.Atkins stated he was not convinced that in the single incidence the matter-went to:the.District:Attorney the ordinance was abused; however, the'situation'was'handled badly. At the time the problem occurred the City Manager -was on vacation and was handled by the Planning Director. In his opinion the present ordinance is workable, and he would not be in favor-of-changing it. Councilman Merritt moved to amend his motion that._violations be reviewed by'the City Manager and City Attorney. Councilman Gillanders withdrew his second Councilman Tyrell seconded the motion which carried on a roll call.vote: ROLL CALL: AYES: Councilmen- Dennis, Merritt, Tyrell, Atkins NOES.: Councilmen - Gillanders Councilman-Dennis moved to certify a categorical exemption from the requirements of the California Environmental Quality Act of 1970, as amended, seconded by Councilman Tyrell and carried. B. REQUEST FOR TIME EXTENSION RE: TENTATIVE TRACT NO. 37528 5602 WELLAND AVENUE City Manager Koski- presented-background information, stating the City Council; at their-regular-meeting held December 16, 1980, re- ceived a request for extension-of time for recording the final map, and because the applicant-did not specify the circumstances which would justify an- extension, the matter was continued to January 6, 1981. A letter, dated-December 22, 1980, from -the applicant's engineering.firm, offers justification for this,4 request. Staff has reconunended denial on the basis the letter/did not offer any reasons over which the developer did not have control; the request was received 30 days prior to expiration rather than the 40 days •required.-by-City-Council resolution. Staff also recommends.: that the ordinance requiring: conditional'use.permit for condominium developments adopted October 16, 1979, be applied t� this project. Councilman Dennis questioned whether the delays referred to in the applicant's letter dated December 22 were causedby-governmental agencies. He felt that if that is the case, the applicants request should be granted. Councilman Tyrell stated that the applicant should have taken the holidays and vacation time into consideration and in view of the fact the request was not made within the 40 day period required by resolution, he moved to deny the request. There was no second. Lawrence Cazares, Loren.. Phillip,sY &,Assa;ciates.. s tated his_ firm is approximately . two , weeks:- - away. f rom--recording =. the map.; that thaty the project wasp: started_. immediately: after. Council. approval., . but.. the first review . of.. the.: final,. map.:was,not. completed.-..by. the, Coun <ty:. Engineer until October, 1980. ..Mrs. _ Palma, Pos s:emo.ta:, 5-601: We.1..anr1..Avenue _ .supported-: the._ r.eques t for. extension., citing _.theKmany?..delays..which .are caused.-:by. the -County statin& she has,- been.through .the,..exp.erien.ce, of working with the County agencies. Councilman.. Dennis.. moved. to approve_. an•.- extension. of time.. for 90 days to Apr:il.. 16.; : 198`:1; : seconded,...by.:_ Councilman. Merritt...and carried. 1 1 Council Minutes, January 6, 1981 - Page 5 7. NEW BUSINESS A. REQUEST FOR RATE INCREASE - SAN GABRIEL VALLEY CAB CO. City Manager Koski presented a request from San Gabriel Valley Cab Company for an increase in taxicab fares as set forth in their letter dated December 15,.1980. Councilman Tyrell expressed concern in justifying an increase in view of the fact that senior citizens would be hard hit by such an increase. Council continued the matter to their regular meeting to be held January 20 and requested a representative of the San Gabriel Valley Cab Company be present. to answer any questions they may have. 8. COMMUNICATIONS: A. Mrs. Daisy Rollo - Letter re: Need for Item. Pricing in Food Markets City Manager Koski presented a communication from Mrs. Daisy Rollo stating that she has received copies of ordinan'c:ies in effect in other cities which require item pricing in stores which use the new computerized checkout system and requesting City Council re- consider adopting a local ordinance to that effect. Mrs. Dais Rollo, 6010 Hart Avenue, submitted a petition with approx- imately signatures, protesting the system which eliminates; pricing each article on the shelf at food markets. Mrs. Rollo pointed out that there are many scanner errors and the consumer can- not validate that the price being charged on sale items is correct. She has heard many complaints that the computers are not being programmed for the sale items and although Ralph's Market has a policy of refunding the full price when the computer makes an error, they, in fact, are not doing it without a hassle, Mayor Atkins advised Mrs. Rollo that the State Assembly has a bill before it relating to pricing consumer commodities. In answer to Mrs. Rollo's question as to when the state law, if passed, would be effective and how long it would be for a local ordinance to become effective, Mayor Atkins advised the state law, unless passed as an urgency measure, would be effective in 18 months, and a City ordinance would be in effect within 90 days. Councilman. Merritt moved to instruct the City Attorney to prepare an ordinance requiring a grocery store or department having auto- matic checkout system to have a clearly readable price indicated on each consumer commodity offered for sale, seconded by Councilman Giilanders and carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Louis Gilbertson, 425 E. Live Oak Avenue, stated he would be moving to nort e� rn California in the near future, but Temple City will always remain his home. Temple City has been a great place to live and raise children which has been possible because of the type of laws that have been discussed this evening. RECESS TO CRA: City Council recessed.at 9:42 p.m. to meet as.the Community Redevelopment Agency, all members being present, and approved the minutes of the regu- lar meeting held December 16, 1980• The minutes are set forth in full in the records of the Agency, Council Minutes, January 6, 1981 - Page 6 RECONVENE AS CITY COUNCIL, 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11. MATTERS FROM CITY OFFICIALS: A. Councilman Merritt stated the City has many. kinds.o f laws on the books,.but that the citizens still enjoy a great deal of freedom in spite of them. B, Councilman Gillanders advised he had.hosted a SCAG Transpor- tation and Utilities Committee subcommittee meeting at City Hall 'at which SB 33 relating to annual.vehicle inspection was discussed. Some quick_figuring revealed that 77,000 vehicles, averaging 3.1 minutes per inspection, would go through the test area each day. Councilman Gillanders commented on • the. invoice from the League of California Cities billing the City.$2,300 for. membership, stating he would be in favor-of withdrawing membership as the City had with SCAG. 12. ADJOURNMENT: On motion by Councilman Tyrell, seconded ° by Councilman Dennis,. meeting adjourned at 9:50 p.m: Next regulr meeting of the City. Council will be held Tuesday,'January'20, 1981, 7:30 p.m. in the. Council Chamber of the City Hall. ATTEST: C ie Deputy City Cl.er 1