HomeMy Public PortalAboutCity Council_Minutes_1982-04-20_Regular 19821
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
APRIL 20, 1982
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to .
order at 7:40 p.m. on Tuesday, April 20, 1982, 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 Merritt.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell, Merritt.
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Kimbrough, Planning Director Shaw, Par.ks.._
and Recreation Director Kobett, and Julie Estrada,
Temple City Times
At this time Mayor Merritt presented a Certificate of Recognition to Jerry._
Kolb, Temple City nominee to Outstanding Older American in Los Angeles
County, stating Mr. Kolb, since his retirement has volunteered as a driver,,
for the Christian Service Center at St. Luke's Church. Mr. Kolb trans,
ports needy senior citizens and handicapped to the doctor, dentist,
hospital, or shops in the area in his volkswagen bus which he has equipped..
IIwith a wheelchair lift at his own expense.
CANVASS OF VOTE - MUNICIPAL ELECTION
City Clerk Koski presented Certificate of Canvass of i:he Municipal
Election held April 13, 1982 (Exhibit "A ") which showed incumbents
Atkins and Gillandere, and Mary Lou Swain elected for a seat on the
City Council. He read the title to Resolution No. 82 -2059 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID
CITY OF TEMPLE CITY ON THE 13TH DAY OF APRIL, 1982, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.
Councilman Tyrell moved to adopt Resolution No. 82- 2059, seconded
by Councilman Dennis and carried.
SEATING OF CITY COUNCIL:
City Clerk Koski presented Certificates of Election to Tom D. Atkins., .
Kenneth G. Gillanders and Mary Lou Swain, and administered the Oath'..'`
of Office.
REORGANIZATION:
At this time, the City Clerk assumed the Chair and opened nominations .
for the office of Mayor for the coming year.
Councilman Atkins nominated Councilman Tyrell for the office of Mayor,,
seconded by Councilman Dennis. Councilman Atkins moved that nomi
nations be closed and a unanimous ballot cast for Councilman Tyrell,
for the office of Mayor, seconded by Councilman Dennis and carried:-
Councilman Swain nominated Councilman Dennis for the office of Mayor,
Pro Tem, seconded by Councilman Atkins. Councilman Atkins moved —that,
nominations be closed and that a unanimous ballot be cast for.Counc`i:12
man Dennis, seconded by Councilman Swain and carried.
CITY CLERK'S CERTIFICATE OF CANVASS
EXHIBIT "A"
I, Karl L. Koski, City Clerk of the City of Temple City, County of
Los Angeles, State of California, duly authorized by Resolution No.
82 -2054 adopted by the City Council of said City on the 16th day of
March, 1982, do hereby certify that I have canvassed the returns of the
regular general municipal election held in said City on the 13th day of
April, 1982, and find that the number of votes given at each precinct
and the number of votes - -given in the City to persons voted for, the
respective offices for which said persons were candidates were as
follows:
Dated: April 14, 1982..
City er o t e City o Temp e ity
PCT. 'KENNETH
NO.
FOR MEMBER OF CITY COUNCIL
TOTAL VOTES CAS'
AT PRECINCT
GILLANDERS
ROBERT
PITTS
TOM
ATKINS
ALLEN
THOMAS
THOMAS
BREAZEAL
MARY LOU
SWAIN
5
76
56
104
32
102
107
477
6
78
33
81
29
78
85
384
9
101
i6
121
26
117
135
576
10
104
68
136
.27
109
137
581
11
80
59
89
34
77
103
442
14
142
107
161
43
138
168
759
16
124
76
170
28
161
169
728
h063
68
42
112
30
98
115
465
6125
131
104
103
19
80
120
557
6129
70
60
48
24
43
66
311
6131
130
102
143
48
104
153
680
6135
131
101
89
29
63
110
523
6137
172
124
188
•50
174
210
918
6141
109
87
103
27
98
108
532
AV
45
26
62
13
51
69
266
TOTAL
1,561
1,121
1,710
459
1,493
1,855
8,199
1
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Council Minutes, April 20, 1982 - Page 2
Councilman Dennis congratulated the new member elected to Council
and the Councilmen re- elected, expressing his hope the Council can
work together to the benefit of the City which is the prime ob-
jective of the Council.
Councilman Gillanders thanked his wife and family, and the people
who worked so hard to help his re- election, stating he is proud
to say they ran a clean and efficient campaign.
Councilman Swain thanked all her supporters and those who voted
to elect her to the Council, and particularly those who helped in
her campaign. She further stated she feels she has a directive
to work for the community as a whole and will strive to represent
the entire community.
Councilman Atkins thanked his wife for her help and support, and
also those people who supported him, not only during his campaign
but during the time spent on the Council during his previous term.
He also thanked outgoing Mayor Lou Merritt who set an outstanding
example of twenty -two years of integrity and patience.
Mayor Tyrell stated that now the election is over, hopefully many
personal antagonisms can be left outside the Council Chamber so
that Council can consider the best interests of the City.
At this time Mayor Tyrell presented a retired Mayor's badge to outgoing
Mayor Merritt, stating he and Lou Merritt had worked together since the
City's incorporation with other Councils and have achieved a stable
community which many cities wish they had. On behalf of all the members
of the other Councils and the present Council, he thanked Mr. Merritt
for the time and dedication over the past 22 years.
Mr. Merritt stated he remembers that many years ago when the Council
consistently voted 4:1 with Mayor Tyrell being the one vote; then the
vote shifted often to 3:.2 with Tyrell and Merritt being the minority
and how it switched back and forth over the years. Mr. Merritt stated
he has enjoyed the time spent on the Council and appreciates the
opportunity to serve the people of Temple City.
City Manager Koski stated he has worked with Mr. Merritt for 21 years
and it has been a wonderful experience and on behalf of all the staff
expressed their thanks and appreciation.
APPOINTMENTS:
Mayor Tyrell made the following committee appointments, following which
it was moved by Councilman Dennis, seconded by Councilman Atkins and
unanimously carried that the appointments be confirmed.
Public Safety (Civil Defense, Law
Enforcement & Emergency Reserve)
Sister City Committee
Juvenile Diversion
San Gabriel Valley Association of Cities
San Gabriel Valley Animal Control Authority
JPIA Insurance Authority
Jack R. Tyrell
William I. Dennis
Kenneth G. Gillanders
Jack R. Tyrell
William I. Dennis
Tom D. Atkins
Jack R. Tyrell
William I. Dennis
Kenneth G. Gillanders
Jack R. Tyrell
California Contract Cities Association
Jack R. Tyrell
Mary Lou Swain
L. A. County Library Board Kenneth G. Gillanders
Council Minutes, April 20, 1982 - Page 3
L. A. County Sanitation District
League of California Cities
So. California Rapid Transit District
and RTD City Selection Committee
Jack R. Tyrell
Kenneth G. Gillanders
William I. Dennis
Kenneth G. Gillanders
Mary Lou Swain
William I. Dennis
Upper San Gabriel Valley Water District Mary Lou Swain
Councilman Atkins moved to adopt Resolution No. 2062 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A RULE OF PARLIAMENTARY
PROCEDURE, seconded by Councilman Gillanders and carried on a roll call vote.
ROLL CALL:
AYES: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell
NOES: Councilmen -None
Councilman Atkins moved to adopt Resolution No. 2063 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A "CONSENT CALENDAR"
AGENDA, seconded by Councilman Gillanders and carried on a roll call vote.
ROLL CALL:
AYES: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell
NOES: Councilmen -None
Councilman Atkins moved to adopt Resolution No. 2060 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINTING A MEMBER
OF SAID COUNCIL OF SAID CITY TO THE RTD CITY SELECTION COMMITTEE PURSUANT
TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE, seconded by Council-
man Dennis and carried.
Councilman Atkins moved to adopt Resolution No. 2061 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN ALTERNATE DIRECTOR
OF COUNTY SANITATION DISTRICT NO. 15, seconded by Councilman Dennis and
carried.
6. CONSENT CALENDAR:
1
Counellfnan Atkins requested Item D be removed from the COh§tInt Ca endar.
Counc irrian Denh1§ ffloVed to approve Items A through C and I Pins E and F
on the Consent Calendar as recommended, seconded by Councilman Atkins
and carried.
A. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of April 7
BALDWIN AVENUE AND OLIVE STREET - CHANGE SIGNAL TO 24 HOUR OPERATION
Approved changing the signal at Baldwin Avenue and Olive Street to
a 24 -hour operation.
B. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of April 13
(1) PROPOSED DEVELOPMENT - EDWARDS THEATRE
Appealed Conditional Use Permit No. 82 -650 and Zone Variance
Case No. 651 and set public hearing May 4, 1982; set public
hearing May 4, 1982 on a proposed change of zone from R -4 to
C -2 for property located at the southwest corner of Elm Avenue
and Sultana Avenue; and set public hearing May 4, 1982 on a
proposed amendment to the Temple City Zoning Code relating to
compact size parking stalls. Also adopted Resolution No. 82 -2066
setting public hearing on the vacation of a portion of Elm Avenue
for May 18, 1982.
(2) Planning Commission Action
Received and filed a memo relating to action taken by the Planning
Commission at their regular meeting held April 13, 1982.
C. MUSCATEL AVENUE FROM ELM AVENUE TO LAS TUNAS DRIVE - CITY /COUNTY
COOPERATIVE AGREEMENT
Approved the cooperative agreement for the resurfacing of Muscatel
Avenue from Elm to Las Tunas Drive and authorized Mayor and City
Clerk to sign.
Council Minutes, April 20, 1982 - Page 4
E. RESOLUTION NO. 82 -2064: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 82 -2064 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
F. RESOLUTION NO. 82 -2065: WARRANTS AND DEMANDS
Adopted Resolution No. 82 -2065 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$238,718.66, DEMAND NOS. 3757 THRU 3874.
CONSENT CALENDAR ITEM / /D: APPROVAL OF FIREWORKS APPLICATIONS - 1982
Councilman Atkins inquired whether the American Legion has yet re-
ceived the property owners permission. City Manager Koski stated
they have not yet submitted the document.
Councilman Atkins moved to approve applications 1 through 13 as set
forth in memo dated April 9, and to approve item 14 subject to sub-
mittal of the required property owner's permission, seconded by
Councilman Gillanders and carried, Councilman Gillanders abstaining
as to Item 14, American Legion.
7. UNFINISHED BUSINESS:
A. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION -
FISCAL YEAR 1982 -83
City Manager Koski presented background information stating the City
Council, on October 20, 1981, approved a cooperative agreement with
the County of Los Angeles to participate in Community Development
Block Grant program. During the public hearing Council was made
aware of a number of potential projects for which an application
could be proposed, including a senior citizen center, a program for
removal of architectural barriers for the handicapped, rehabilitation
programs to assist low and moderate income persons in the maintenance
of their property. At that time Council indicated their desire to
direct the funds to a community center. The County has indicated
that the planned allocation to Temple City for fiscal year 1982 -83
is $205,205. Staff has prepared an application for those funds in
conformance with Council's previously stated desire to direct its
grant funds toward a community center.
Councilman Dennis stated the county has been encouraging the City
to participate in this program and most of us agreed in October
reluctantly. He inquired about the feasibility of obtaining the
funds in view of the cut backs in government spending. City Manager
Koski stated that based on the information he has, the funds will
be available at least the initial year of the three year phase
Mayor Tyrell invited anyone wishing to speak to come forward. There
being no one come forward to speak, Councilman Atkins moved to close
the public hearing, seconded by Councilman Swain and carried.
Councilman Gillanders stated he opposed the idea originally and
still opposes it. He would have to vote against accepting the funds
because of the strings attached to federal funds.
Councilman Atkins stated he shares Councilman Gillanders concerns,
but feels the City should accept the funds and get back some of the
money sent to Washington from our citizens. Councilman Atkins moved
to approve the Community Development Objectives listed on Exhibit
"A" and direct staff to prepare an application per the project
summary marked Exhibit "B ", seconded by Councilman Dennis and carried
on a roll call vote:
ROLL CALL:
AYES: Councilmen-Atkins, Dennis, Swain, Tyrell
NOES: Councilmen - Gillanders
Council Minutes, April 20, 1982 - Page 5
8. NEW BUSINESS:
None.
9. COMMUNICATIONS:
A. Women's Club of Temple City - Offer of Donation
City Manager Koski presented a communication from the Women's Club
of Temple City offering a donation to purchase a deodar tree for
Live Oak Park. The money for this donation came from an ARCO award
for beautification efforts. Councilman Gillanders moved to con-
gratulate the Women's Club for their ARCO award and to accept the
donation of a deodar tree in Live Oak Park with thanks on behalf
of the community, seconded by Mayor Tyrell and carried.
B. Resignation of Commissioner Swain
City Manager Koski presented a letter of resignation from the
Traffic Commission from William N. Swain. Councilman Gillanders
moved to accept with regrets, seconded by Councilman Atkins and
carried.
10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Louis Merritt, 5418 Cloverly Avenue, stated he is extremely happy
that Mary Lou Swain was elected to the City Council and wished her
well.
Marianne Milch, manager of Chamber of Commerce, thanked Council for
accepting the donation of a tree from the Women's Club of Temple City.
Mrs. Milch stated the Chamber if looking forward to another productive
year. The Chamber, with the help of many people in civic organizations
is working on the Home Beautiful program. Recognition night will be
Tuesday, May 25, at Temple City Park. The Shrine band will be parti-
cipating again this year.
Robert Pitts, 5312 Degas Avenue, congratua-ated the newly elected
Council members and expressed appreciation to the staff for all their
assistance.
RECESS TO CRA:
At this time Council recessed to meet as the Community Redevelopment Agency,
all members being present and reorganized; approved the minutes of the
April 6 meeting, and adopted resolution for a rule of parliamentary procedure.
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. Civil Rights Indemnity
Councilman Gillanders requested the City Attorney prepare a reso-
lution to be brought back for adoption May 4, 1982 indemnifying
city officials against certain tort and civil rights liabilities
and offering a defense, seconded by Councilman Dennis and carried
B. League of California Cities New Councilman's Institute -
San Diego, May 12 -14
Councilman Dennis moved to approve the attendance of any official
wishing to attend subject institute and authorize the necessary
expenses, seconded by Mayor Tyrell and carried.
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Council Minutes, April 20, 1982 - Page 6
C. California Contract Cities Seminar - Palm Springs, May 20 -23
Councilman Gillanders stated he is opposed to the expenditure of
funds for the seminar and he does not plan to attend.
Councilman Dennis moved to approve the attendance of those City
Officials wishing to attend and authorize the necessary expenses
as budgeted, seconded by Councilman Swain and carried on a roll
call vote:
ROLL CALL:
AYES: Councilmen- Atkins, Dennis, Swain, Tyrell
NOES: Councilmen - Gillanders
Mayor Tyrell stated that in his experience the City Council and
Commissioners have attended the specific sessions in contrast to
some of the cities attendees who spend their time on the golf course
or elsewhere and he feels it's a very informative seminar.
D. Councilman Atkins stated he received some information in his
packet regarding a bill on off -tack betting and he would like to
see a letter go out opposing the bill, based on the fact there
is no local governmental control on off -track betting facilities.
E. Councilman Swain stated her father was very involved in the
incorporation of Temple City and a Mayor some years back and she
is very happy to have the opportunity to sit on the Council and
serve the community.
F. Councilman Dennis thanked the Council for their vote of confidence
in selecting him as Mayor Pro Tem. He stated it has been a pleasure
to serve with Lou Merritt. In his belief Lou is a very fine gentleman
and he feels he is a better person for having had the opportunity to
know and work with him.
G. Mayor Tyrell thanked the Council for electing him Mayor for
1982 -83.
On motion by Councilman Atkins, seconded by Councilman Dennis, Council
recessed at 8:35 p.m. to meet in Executive Session to discuss litigation.
Council retrnned at 8:50 p.m.
City Attorney Martin stated he has investigated the claim contained
in the law suit filed by Gannet Outdoor Company and requested
Council authorize the City Attorney to defend with co- counsel of
his choice and authorize defense for any defendant wishing to take
advantage of their services.
Councilman Atkins moved to approve and amend the adopted budget
to cover expenses, seconded by Councilman Dennis and carried.
Mayor Tyrell directed the record
the Council Chamber at 8:35 when
and the decision was made by the
absence.
13. ADJOURNMENT:
show Councilman Gillanders left
Council went into Executive Session
remaining four Councilmen in his
Councilman Atkins moved to adjourn, at 8 :57 p.m. to the next regular
meeting of the City Council to be held Tuesday, May 4, 1982, 7:30 p.m.
seconded by Councilman Dennis and carried.
ATTEST:
Chief Deputy City Clerk