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