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HomeMy Public PortalAboutCity Council_Minutes_1981-04-07_Regular 1981INITIATION: I1. CALL TO ORDER: CITY OF TEMPLE CITY CITY COUNCIL MINUTES APRIL 7, 1981 Mayor Atkins called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, April 7, 1981, 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: Absent: Also Present: Councilmen - Dennis, Gillanders, Merritt, Tyrell, Atkins Councilmen -None City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Director of Parks and Recreation Kobett, Associate Planner Chris Peterson, and Julie Estrada, Temple City Times 5 CONSENT CALENDAR: Councilman Gillanders noted his non - participation with regard to check numbers 1683 and 1684. On motion by Councilman Tyrell, seconded by Councilman Gillanders, the Consent Calendar was approved as recouuiiended. A, APPROVAL OF MINUTES - Regular Meeting of March 17, 1981 Special Meeting of March 23, 1981 Approved as written. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting of March 18, 1981 (1) REQUEST FOR RESERVED USE OF TENNIS COURTS - Temple City Unified School District Approved use of seven tennis courts. at Live Oak Park on May 13 and 14, 1981, to conduct the Rio Hondo League Boys Tennis Preliminaries and Finals. (2) REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK - Sequoia Union School District Approved use of facilities at Live Oak Park April 22 -24, 1981, subject to the required Certificate of Insurance. Council directed additional Sheriff's patrol for subject dates. (3) REQUEST FOR USE OF TEMPLE CITY PARK - Temple City YMCA Approved use of Temple City Park by YMCA Indian Maidens on May 2, 1981, from 1 to 3 p.m. subject to the required Certificate of Insurance. C. PLANNING COMMISSION ACTION - Meeting of March 24, 1981 Received and filed memo relating to action taken by the Planning Commission at their regular meeting held March 24, 1981. Council Minutes, April 7, 1981 - Page 2 D. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of April 1, 1981 (1) TRAFFIC AND ENGINEERING SURVEYS: a. LOWER AZUSA ROAD FROM TEMPLE CITY BOULEVARD TO SPRR b. PAL MAL FROMFREER STREET TO LOWER AZUSA ROAD Approved Traffic Engineering Surveys in compliance with Section-40802 of the Vehicle Code and maintaining existing speed limits. (2) LOWER AZUSA ROAD AT SHIRLEY STREET /RYLAND AVENUE - INSTALL LEFT TURN POCKET Approved additional red curb on the south side of Lower Azusa Road and an off -set continuous left turn lane to the south side of Lower Azusa Road for Shirley Street and Ryland Avenue left turning moves. (3) EXTENSION OF TWO -HOUR RESTRICTED AREA - 9407 -9409 GIDLEY STREET Approved extending the two -hour restriction on the north side of Gidley Street for an additional 74 feet easterly of the present terminus. E. APPROVAL OF FINAL MAP: TRACT NO, 37528, 5602 -5608 Welland Avenue Approved the map, found that the project will not violate any of the provisions of the Subdivision Map Act, accepted easements for public purposes, and instructed the City Clerk to endorse approval on the face of the map. F. AMENDMENT TO AGREEMENTS: RE: CPI RATE ADJUSTMENT (1) COMMUNITY DISPOSAL COMPANY - STREET SWEEPING Approved rate increase of 11.5% from $6.30 to $7.02 per broom mile of sweeping and authorized Mayor and City Clerk to sign. (2) COMMUNITY DISPOSAL COMPANY - RUBBISH COLLECTION Approved rate increase of 11.5 %, from $5.15 for a single family residence and $2.55 for each additional unit to $5.75 for a single family residence and $2.85 for each additional unit for rubbish collection, and authorized the Mayor and City Clerk to sign. G. RESOLUTION NO, 81 -1971: AUTHORIZATION TO APPLY FOR STATE GRANT FUNDS: URBAN OPEN -SPACE AND RECREATION PROGRAM Approved use of Urban Open - Space and Recreation State Grant Funds for construction of a double sided Ball Wall Court at Live Oak Park, authorized staff to file an application for State Grant Funds in the amount of $7,434, and adopted Resolution No. 81 -1971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLI- CATION FOR GRANT FUNDS UNDER THE ROBERTI - Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR IMPROVEMENTS AT LIVE OAK PARK AND TEMPLE CITY PARK H. RESOLUTION NO. 81 -1972: REQUESTING BOARD OF SUPERVISORS FOR AUTHORIZATIDN TO INCLUDE COUNTY TERRITORY IN CITY -WIDE LIGHTING DISTRICT Adopted Resolution No, 81 -1972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING CONSENT OF THE COUNTY OF LOS ANGELES FOR THE INCLUSION OF CERTAIN UNINCORPORATED AREA. WITHIN THE CITY'S LIGHTING MAINTENANCE DISTRICT. I. RESOLUTION NO. 81. -1973: ORDERING ENGINEER'S REPORT FOR ANNEXATION NO, 1 OF THE CITY -WIDE LIGHTING DISTRICT Adopted Resolution No. 81 -1973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ENGINEER'S REPORT FOR ANNEXATION NO. 1 TO THE CITY -WIDE LIGHTING DISTRICT, appointing Dwight French as Engineer. Council Minutes, April 7, 1981 - Page 3 J, RESOLUTION NO. 81 -1974: WARRANTS AND DEMANDS. Adopted Resolution No. 81 -1974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $201,237.49, DEMAND NOS. 1680 THRU 1772. 6 UNFINISHED BUSINESS: A. PUBLIC HEARING: PROPOSED USE REVENUE SHARING FUNDS City Manager Koski presented background information stating the City must hold a public hearing on the proposed use of revenue sharing funds for citizen input. Public hearing was held for citizen input to the 1980 -81 budget on May 20, 1980, on $36,300 which was the anticipated amount for the first entitlement period July 1 through September 30. The City -is now required to hold a public hearing to consider expending its revenue sharing allocation for the fiscal year 1980 -81 based upon an estimate in an additional amount of $101,955. Notice of public hearing was published as required by law. Mayor Atkins declared the public hearing open and invited anyone wishing to speak to come forward.. No one came forward and Coucil- man Tyrell moved to close public hearing, seconded by Councilman Merritt and carried, Councilman Tyrell moved to approve the expenditure of the additional revenue sharing funds in the amount of $101,955 for public safety, seconded by Councilman Dennis and carried. B. ORDINANCE NO. 81 -502: AMENDMENT TO ZONING CODE SECTION 9563 RELATING TO DESIGN CRITERIA REGARDING. MINIMUM LOT AREA FOR CONDOMINIUM DEVELOPMENT AND MINIMUM LOT WIDTH FOR 2 -STORY CONDOMINIUM DEVELOPMENT City Attorney Martin introduced Ordinance No. 81 -502 AN ORDINANCE OF THE CITY OF TEMPLE CITY DELETING SECTION 9563(3) AND AMENDING SECTION 9563(4) OF THE TEMPLE CITY ZONING CODE for second reading by title only. Councilman Tyrell requested a roll call vote. Councilman Merritt moved to waive further reading, seconded by Councilman Dennis and carried. Councilman Merritt moved to adopt Ordinance No. 81 -502, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Gillanders, Merritt, Atkins NOES: Councilmen- Tyrell 7. NEW BUSINESS: A, APPEAL RE: MUNICIPAL CODE SECTION 4250 REGULATING NEWSRACKS - KIMBO DISTRIBUTORS City Manager Koski presented background information stating staff received complaints regarding newsracks placed in front of the Post Office. Staff investigated and found them to be located improperly pursuant to the Municipal Code and the distributor was notified to correct the condition. Subsequently the City received an appeal to Section 4250.10 on the basis that the newsrack ordinance is old and outdated. Mr. Paul Duffy, Kimbo Distributors, stated his appeal is based on the fact that under the ordinance it would be impossible for any type of newsrack to be put into service and operation; any cluster' of three would weigh more than 125 lbs. Mr, Duffy also cited Cash v. City of Los Angeles where the City was compelled to move the newsracks, and stated he feels he has been harassed. Council Minutes, April 7, 1981 - Page 4 Councilman Gillanders stated he does not understand the appeal; it is ridiculous the distributor feels it's the City responsi- bility to move the racks and that he sees no practical reason to have newsracks blocking the sidewalk and causing problems from a liability standpoint. The City Attorney stated the appellent has raised three points: 1) That under Cash v, City of Los Angeles the City should be required to relocate the newsracks, when Cash says exactly the opposite; 2) that 125 lbs. is an unreasonable weight restriction; and 3) claim of equal protection, citing that others are left to exist in violation of the code, City Manager Koski stated staff has written to other distributors in violation which were reported by citizen complaint. City Attorney Martin stated the appellent has no defense and recommends denial on all three counts. Ms. Po Sorce, 9503 E. La Rosa Drive, expressed concern about the typ pe of material in the newsracks, particularly on a street used by children on their way to and from school.; that she is prepared to do anything to get this type of publication out of Temple City and if it is not taken care of tonight she is prepared to organize the PTA and other groups. Mayor Atkins stated that while the material is questionable, porno- graphic material is clearly defined by State and Federal Supreme Court and the City has no control_ Councilman Gillanders moved to deny the appeal on all three counts, seconded by Mayor Atkins and carried, 8, COMMUNICATIONS: A. Southern California Edison Company. re: Resolution removing Restrictions and Prohibition on use of Natural Gas in Existing Powerplants City Manager Koski presented a communication from Southern California Edison Company requesting the City' adopt a. resolution supporting repeal of Section 301 of the Powerplant and Industrial Fuel Use Act. Council directed. the matter be placed on the April 21 City Council Agenda for review and consideration. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: A. John Stacy, 5626 Gracewood Avenue, asked the Mayor to state his position on'the proposed $11 service charge by the Sani- tation District. Mayor Atkins stated he will vote in favor of the adoption of the $11 service charge and explained the State Constitution prohibits a Sanitation District operating with a. deficit. Also the Federal Government has mandated certain things be done and to meet the law they have provided 90% of the cost and the Sanitation District must provide the remaining 10 %. The user charge will also cover some of the cost for providing and operating landfills. Frank Davidson, 9109 Las Tunas Drive, stated he had received a num erTor tie Sanitation District's notice and stated he would, gladly pay the $11 which is considerably cheaper than the cost to clean septic tanks. RECESS TO CRA: City Council recessed at 8:13 p,m to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting held March 17, 1981, and approved request from Lincoln Training Center to display a. Ford Escort in the CRA parking Lot, subject to K- mart's approval and Certificate of Insurance.. The minutes are set forth in full in the records of the Agency. Council Minutes, April 7, 1981 - Page 5 RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken 11. MATTERS FROM CITY OFFICIALS: A. PROPOSED ORDINANCE RELATING TO PRICING CONSUMER COMMODITIES City Manager Koski reported that as a part of the City Newsletter, one of the questions on the survey related to item pricing. To date the City has received 1607 responses, of which 1393 said yes they feel there should be item pricing, 151 said no. Of those responding yes, 1114 felt the City Council.should take action, while 254 felt consumer pressure would be the best means. As to whether they would be willing to pay more for item pricing, 477 said yes, 874 said no. Mayor Atkins stated he had talked with Assemblyman Mountjoy and the Assembly Bill requiring item pricing passed the committee on a 3:2 vote. He felt it would pass the Assembly, however, there is a great deal of sentiment against it, mainly because it was felt this should be a local issue. Mayor Atkins invited anyone wishing to speak to the issue to come forward, John Martin, 6039 Sultana, stated he felt the Council is dealing wit a. symptom rather than the cause; as he sees it, transportation is the problem and the Council should address that issue. Jan Charles Grey, Ralphs Market, stated he felt the questionnaire did not solicit an opinion, but merely provided an opportunity, to state yes or no; Ralphs provides clearly readable shelf tags; '257 of the market's items have never been item priced; all Ralphs markets have the scanner check -out system, 50 have item pricing as well. Eliminating item pricing reduces cost which is passed on to the consumer. Daisy Rollo, 6010 Hart Avenue, stated that Ralph's has item priced for 107 years and have made a profit; also, the shelf pricing is too frequently wrong. Joe Braun, 9532 Olive Street, stated the problem of seeing prices on the highest and lowest shelves, and feels there should be item pricing with the scanner system. He urged the Council to adopt an ordinance and not wait for the state to take action. John SttacY, 5626 Gracewood Avenue, expressed his surprise that people want to interfere with the free enterprise system. Councilman Dennis stated he has not changed his mind; that he is still opposed to requiring item pricing; however, the issue here is an elected official of the people of this City having received a survey saying 1,500 people want item pricing. He thinks it is a mistake for government to impose requirements on business but he has no alternative but to represent the people who voted for him. Councilman Gillanders stated he was elected to represent the people of the community, the repponse has been approximately the same number that put him in office, and although he is philosophically opposed, the community does not share his feelings. He would prefer to see the market place do the job, but would vote for the ordinance. Councilman Tyrell stated he has watched the prople shopping at Ralphs trying to ascertain the prices with difficulty and he feels Ralphs has been insensitive to the public needs; that although he is philosophically opposed to government interference, the people have clearly demanded Council action. Council Minutes, April 7, 1981 - Page 6 Councilman Merritt stated he has not changed his opinion and he feels item pricing is necessary, particularly since the shelf pricing is too frequently not properly marked. Mayor Atkins stated the record shows he supported item pricing and he has not changed his mind. City Attorney Martin introduced Ordinance No. 81 -504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4821 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO PRICING CON- SUMER COMMODITIES for first reading by title only, Councilman Tyrell moved to waive further reading, seconded by Councilman Gillanders and carried. B. Councilman Gillanders directed Council's attention to AB 104 in the Committee on Finance & Insurance which requires automobile insurance prior to registering vehicles. C. Councilman Tyrell invited Assistant Division Chief Harold McCann, who was in the audience to come forward and introduce himself. Chief McCann has taken charge of Station 47 and advised Chief Sarno has been promoted to Deputy Chief in charge of Admin- istrative Bureau. 12, ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Gillanders, meeting adjourned at 9:02 p.m. Next regular meeting of the City Council will be held Tuesday, April 21, 1981, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chie Deputy City C erk