HomeMy Public PortalAboutCity Council_Minutes_1981-01-06_Regular 1981IINITIATION:
1. CALL TO ORDER:
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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.
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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.
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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
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