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HomeMy Public PortalAboutCity Council_Minutes_1983-05-03_Regular 1983I 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 3, 1983 INITIATION: 1. CALL TO ORDER: Mayor Gillanders called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, May 3, 1983, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Henry Mattson, Seventh Day Adventist Church, 9664 E. Broadway. 3. The Pledge of Allegiance to the Flag was .led by Mayor Gillanders. 4. ROLL CALL: Present: Councilmen - Atkins, Dennis, Swain, Tyrell, Gillanders Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Planning Director Shaw, Parks and Recreation Director Kobett, Special Counsel to the Community Redevelopment Agency Parrington, Julie Estrada, Temple City Times and David Gero, the Pacesetter. 5. CONSENT CALENDAR: Councilman Dennis requested that Item 5 (H) be removed from the Consent Calendar. On motion by Councilman Atkins, seconded by Councilman Swain all other items on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of April 19, 1983. Approved as written. B. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - Meeting of April 20, 1983: REQUEST FOR USE OF LIVE OAK PARK - Temple City American Youth Soccer Association Approved reconimendation from Parks and Recreation Commission for use of Live Oak Park by the Youth Soccer Association for their fall and winter season except that Sundays are to be coordinated with Little League and Youth Football. C. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of April 26, 1983. (1) PROPERTY NUISANCE CASE NO. 83 -87: 5535 N. PAL MAL AVENUE Adopted Resolution No. 83 -2161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF. (2) PROPERTY NUISANCE CASE NO. 83 -88: 9044 OLIVE STREET Adopted Resolution No. 83- 2162 A RESOLUTION OF THE CITY COUNCIL OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF. (3) PROPERTY NUISANCE CASE NO. 83 -89: 4811 CAMELLIA Adopted Resolution No. 83 -2163 A RESOLUTION OF THE CITY COUNCIL OF TEMPLE CITY DELCARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF. Council Minutes, May 3, 1983 - Page 2 (4) PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE TO PERMIT A SECOND DWELLING UNIT ON R -1 ZONED PROPERTY Received report from Planning Comwlssion and set public hearing for May 17, 1983, for proposed amendment to Temple City Zoning Code. D. ACCEPTANCE OF WORK: SLURRY SEAL PROJECT 82/83 -1 MAINTENANCE AREA No. 2: D & D Asphalt Accepted work performed pursuant to contract, authorized payment in the sum of $2,482.40; authorized filing Notice of Completion and authorized the payment of 10% retention at the end of the 35 -day lien period in the amount of $10,929.28. E. PROGRESS PAYMENT - STREET NAME SIGN INSTALLATIONS: Traffic Operations, Inc. Authorized payment to Traffic Operations, Inc. for work per- formed pursuant to agreement in the amount of $5,980.50. F. RELEASE OF FAITHFUL PERFORMANCE BOND: TRACT NO. 31952, 5611 Sultana Avenue (Campoy) Approved release of Faithful Performance Bond No. L05- 049340 issued by Balboa Insurance Company in the amount of $1,000. G. PROPOSAL BY SOUTHERN CALIFORNIA EDISON COMPANY - REMOVAL OF LIVE TREES Approved Negative Declaration and authorized Edison Company to remove five Palm trees and replant with trees as specified per staff memo of April 22, 1983. I. RESOLUTION NO. 83 -2155: ORDERING ENGINEER'S REPORT - FY 1983 -84 LEVY FOR CITY -WIDE LIGHTING DISTRICT Adopted Resolution No. 83 -2155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ENGINEER'S REPORT FOR THE 1983 -84 ANNUAL ASSESSMENT LEVY FOR THE CITY -WIDE LIGHTING DISTRICT J. CLAIM FOR DAMAGES - HARRIETT FIELD Received claim of Harriett Field regarding property damage to her patio alleged to have been caused by a City tree, which was denied and referred to JPIA. K. RESOLUTION NO. 83 -2156: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 83 -2156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. L. RESOLUTION NO. 83 -2157: WARRANTS AND DEMANDS Adopted Resolution No. 83 -2157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $167,883.73 DEMAND NOS. 5632 THRU 5697. CONSENT CALENDAR ITEM H. DRAINAGE PROBLEM NORTH SIDE OF FREER STREET Councilman Dennis stated he is familiar with the problems in the drainage area, especially during summer and fall when leaves and debris accumulate which results in ponding. Councilmembers, after reviewing the possible solutions such as in- stallation of flood control drainage systems at a cost of $161,000 to $300,000 or replacing the existing slot flow, concluded that it would not be economically feasible to install a drainage system at this time and that $30 /month for street sweeping should be continued. Councilman Tyrell moved that the weekly sweeping continue; that Staff and Council explore alternative methods to find a cost effective solu- tion; and that residents be informed that Council shares their con- cerns and are seeking solutions to the problem, seconded by Councilman Atkins and unanimously carried. Council Minutes, May 3, 1983 - Page 3 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. - STREET LIGHTING IMPROVEMENTS: RANCHO REAL RD. SULTANA AVENUE TO LOMA AVENUE (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) City Manager Koski presented background information stating that a petition was received from the property owners with 76.44% of the front footage in favor of installing four street lights on marbelite poles with overhead service. The costs are estimated at $43.33 per property, based on the current price of $260 per electrolier. The upgrading of lighting will require annexation into Zone A of the Municipal Lighting District and property owners are aware of the in- creased rate from $3.50 to $11.50 per year. A Negative Declaration of Environmental Impact was prepared in accordance with requirements of the California Environmental Quality Act, and City Council at their meeting held April 5, 1983, set public hearing for this evening. Two letters have been received this date in opposition to the proposed lighting improvement. Councilman Atkins moved that the petition of the property owners be made part of the record, seconded by Councilman Swain and unanimously carried. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Jeffrey Connor, 9065 Rancho Real Road, stated he had originated the petition for safety purposes because it is a very dark street, and his house had been robbed. George Krause, 9128 Rancho Real Road, stated he would like to commend Mr. Connor for his undertaking, that he had signed the petition, how- ever, he would prefer the number of poles installed be reduced. Betty Elferdink, 9115 Rancho Real Road, stated she has lived there for 27 years and signed the petition not only for safety reasons, but also that it is a "lover's lane" and she was weary of picking up beer bottles and debris. Frank Lugo, 9082 Rancho Real Road, stated He has lived at this address for 44 years and was opposed to the lighting. He felt the existing lights at each end of the street were sufficient, and additionally it would be a hardship on those with a fixed income. Kay Pirone, 9076 Rancho Real Road, stated she is opposed to the lighting since one of the poles would be directly in front of her house and although it may prevent vandalism, she believed the lights would cause disruptive sleep. Harry Crump, 9902 Daines, stated that although he does not live on the street he would like to share his thoughts since he was in a similar situation, in that when lighting was introduced on his street he, along with other neighbors, were opposed to it. However, after it was installed, the people were happy with the improvement. There being no other persons that came forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins moved to approve the Negative Declaration, seconded by Councilman Dennis, and unanimously carried. Councilmembers discussed the feasibility of placing the poles at different intervals; if a reduced interval provided sufficient light- ing; the engineering aspects involved at various intervals, and the possibility that too many lights could produce an undesirable daytime effect. Council Minutes, May 3, 1983 - Page 4 City Manager Koski stated the spacing was based on Edison standards that would provide the most beneficial illumination for the variables on this street. He further indicated that since the property owners signed the petition with the intent of four poles, any reduction in lighting should be brought to their attention. Councilman Tyrell moved to continue the public hearing until May 17; that in the interim staff locate streets with comparable lighting systems for Councilmembers to see, and notify the property owners who signed the petition of the continued public hearing, seconded by Councilman Dennis and unanimously carried. B. PUBLIC HEARING: 7:30 P.M. PLANNING DEPARTMENT FEE SCHEDULE City Manager Koski presented background information stating that the last fee revision was made in 1979 and the Planning Commission found a revised fee schedule to be necessary to cover the costs of process - ing cases. Staff has prepared a new fee schedule which combines cer- tain fees and deletes other fees to match increased processing costs based on an analysis of operational costs. The costs involved have increased by approximately 40% since 1979 and the old fee schedule provides only 32% of cost recovery. The City has generally followed a policy that fees should reflect a portion of the costs associated with special services rendered with the excess being paid out of the general fund. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. There being no one to come forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Tyrell expressed his opposition to the fee increase on the basis that if the government imposes restrictions then the government should assume some of the costs. Although we should attempt to recovf some of the alleged costs, the restrictions are for the purposes of the City as a whole. Councilman Swain stated she did not feel that Temple City fees are out of line in comparison with the other cities and there is a need . for the increase, however, perhaps not to this extent. Councilman Dennis felt those who utilize the services should pay the fees. His only cercern is if these fees are reasonable and the studies indicate they are, in comparison to the other cities. Councilman Atkins concurred with Councilman Dennis and felt the Com- munity should not -be asked to subsidize a property owner on a permit. Mayor Gillanders felt there was a case in point for both sides. If the government is going to impose restrictions, there should be some compensation, however, it is not fair for the community at large to pick up the cost for engineering services required. City Manager Koski stated in determining the fee increase staff tried to establish a mid -range position. These fees by no means cover all of the costs and additionally time is expended by staff in providing special services beyond what the average citizen seeks because many of the residents are not familiar with the process. Councilman Atkins moved to adopt Resolution No. 83 -2159 A RESOLUTION OF THE CITY OF TEMPLE CITY ESTABLISHING FEES FOR PLANNING DEPARTMENT SERVICES, seconded by Councilman Dennis and carried on a Roll Call vote. ROLL CALL: AYES: Councilmen - Atkins, Dennis, Swain, Gillanders NOES: Councilman - Tyrell C. ORDINANCE NO. 83 -537: 2nd reading AMENDING PART XIV -A OF THE ZONING CODE RELATING TO THE ZONING OF ADULT BUSINESSES Councilman Tyrell moved to waive further reading and adopt Ordinance No. 83 -537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING PART XIV -A OF THE ZONING CODE RELATING TO THE ZONING OF ADULT BUSINESSES, seconded by Councilman Atkins and unanimously carried. I11. MATTERS FROM CITY OFFICIALS: A. Dial -A -Ride Services for Handicapped and Elderly. City Manager Koski presented background information stating that the Dial -A -Ride service, which provides door -to -door transporta- tion for the City's senior citizens and handicapped was initiated on July 1, 1982. The service is funded through Proposition A funds. It provides 8 hours a day, .5 days a week service for the handicapped and elderly. The current contract is with Mid- Valley Consortium. The new contract would be with Yellow Cab Company of Council Minutes, May 3, 1983 - Pa 7. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK No one came forward. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held April 19, 1983; approved rental payment on behalf of the City for the parking lot lease agreement; received and accepted report prepared pursuant to California Health and Safety Code 33838 and trans- mitted same to City Council by resolution; and adopted resolution approv- ing warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: A. Resolution No. 83 -2160: Levying Special Assessments for Certain Benefited Properties within the Rosemead Boulevard Redevelopment Project Area. City Manager Koski presented the report prepared by Special Counsel Parrington on the assessment district within the Rose- mead Boulevard Redevelopment Project pursuant to Health and Safety Code Section 33823 for the fiscal year 1983 -84, which Code Section provides a special assessment for the area known as the Temple City Shopping Center. These assessments are necessary to pay the indebtedness of the Temple City Community Redevelopment Agency which was incurred to carry out the develop- ment of the Shopping Center and for which the Agency would not have other available funds. The Agency recommends that the levy of $170,062.00 be made for the fiscal year 1983 -84. Notices for the special assessments have been sent to all affected property owners. Councilman Atkins moved to adopt Resolution No. 83 -2160 A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA, seconded by Council- man Tyrell and unanimously carried. B. Councilman Atkins expressed his concern regarding the incredible number of "panhandlers" on Sundays along the sidewalks in front of the stores in the K -Mart Center. City Manager Koski stated that K -Mart has been allowed to conduct periodic sidewalk sales but that perhaps a further restriction would be advisable. Staff will request the Sheriff's Department to check out "panhandler" solicitations. Council Minutes, May 3, 1983 - Page 6 San Gabriel Valley who, as a subcontractor for Mid - Valley, has been providing the present transportation. The new contract would eliminate the expenditure for the middle man "Mid- Valley Manpower Consortium" and extend service to 24 hours a day plus 7 days a week. Councilman Tyrell moved to approve the Agreement with Yellow Cab Company of San Gabriel Valley to provide Dial -A -Ride serv- ice for senior citizens and handicapped of Temple City, subject to all proposed participants (E1 Monte, Rosemead, San Gabriel, and Los Angeles County) accepting the proposal; authorize City Clerk to file application with Los Angeles County Transportation Couuuission for the use of $25,384 of Proposition A funds for FY 1983 -84, seconded by Councilman Atkins and unanimously carried. B. HR100 and S372 Mayor Gillanders requested Council direct staff to prepare a letter to our local representatives opposing HR100 and S372 in that it is not in the best interest of the individual; women will be overcharged, and men will find it difficult to buy insurance. 12. ADJOURNMENT: On motion by Conncilman Swain, seconded by Councilman Dennis, meeting adjourned at 8:40 p.m. Next regular meeting of the City Council will be held Tuesday, May 17, 1983, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: