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HomeMy Public PortalAboutCity Council_Minutes_1977-09-20_Regular 1977 CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 20, 1977 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7 : 36 p .m. on Tuesday, September 20, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Norlyn Brough, Church of,- Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the .Flag was led by Mayor Merritt. 4. ROLL CALL: Present: Councilmen-Atkins , Dennis , Greenberg, Tyrell, Merritt Absent: Councilmen-None Also Present: City Manager Koski, City- Attorney Martin, Assistant City Manager Biel , Planning 'Director Dragicevich, Parks and Recreation Director Kobett 5. APPROVAL OF MINUTES .- Councilman INUTES :Councilman Greenberg moved to approve the minutes of the regular City Council meeting held September 6, 1977 , as written, seconded by Councilman Dennis, and carried, At this time Mayor Merritt introduced newly appointed Traffic. Commis- sioners Mark _ Schrock and William 'Swain,who were in the' audience. UNFINISHED BUSINESS : 6. ORDINANCE NO. - 77-452 : 2nd .read. PARKING, OF .COMMERCIAL VEHICLES ON R-ZpNED PROPERTIES City Attorney Martin advised the City Council, at their regular meeting held September- 6, 1977, field public hearing and- had first -reading on subject ordinance. r.ecott mended by the Planning Commission. Because there were some changes: by' Council',the matter was referred back to the Planning Commission for comment . The Planning Commission agreed with deleting- from Subparagraph (d) "other than in an enclosed garage", but disagreed with Council deleting the effective date of January 1, 1978 . - Having received Planning Commission comments , Council is free to adopt' the ordinance, in any form it desires . City 'Attorney Martin read Ordinance No.'. '77-452 AN .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING NEW SUBPARAGRAPH (d) TO SECTION 9332(1) , 9351(1) AND 9361(1) OF THE TEMPLE CITY ZONING CODE RELATING TO THE PARKING OF` COMMERCIAL. VEHICLES ON RESIDENTIAL PROPERTIES by title only. Mayor Merritt stated he would rather see four tons in unladen gross weight rather than three as set. forth in the ordinance; that by present day standards a re-eValuation should be a factor. Councilman Tyrell moved to approve the ordinance as written, seconded by Councilman Atkins and carried on a' roll call vote : ROLL CALL: - AYES: Councilmen-Atkins , Dennis , Greenberg, Tyrell NOES: Councilmen-Merritt Councilman Tyrell moved to waive further reading, seconded by Councilman Dennis and carried. z , Councilman Tyrell moved to adopt Ordinance No . 77-452 , seconded by Councilman Atkins- and carried on a roll call vote : ROLL CALL: AYES : Councilmen-Atkins , Dennis , Greenberg, Tyrell NOES : Councilmen-Merritt 'n Council Minutes , September 20, '1977, - Page 2 City Attorney Martin advised that for clarification purposes , the ordinance just adopted cancels the moratorium placed on citing commercial vehicles parked on residential properties , and also there is no abatement period and ordinance becomes effective in 30 days . 7 . RENEWAL OF AGREEMENTS: STUDENT AND THE LAW BETWEEN CITY AND EL MONTE SCHOOL DISTRICT/FIRST LUTHERAN SCHOOL City Manager Koski presented background information stating the City Council , at their regular meeting held August 16 , 1977, authorized staff to 'finalize terms of renewal for Student and the Law at Cleminson, Lutheran, Oak Avenue and St. Luke 's schools and return the agreements for Council action. St . Luke 's has delayed a decision regarding participation prior to spring term; at this time the proposed agreement has not been returned from the Temple City Unified School District . E1 .Monte School District, on behalf of Cleminson School, and First Lutheran School have returned the proposed agreement with the appropriate signature. Councilman Greenberg moved to approve renewal of agreements with E1 Monte -School District and First Lutheran School and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. 8, PROPOSED FEE SCHEDULE RE: ENVIRONMENTAL IMPACT REPORTS City Manager Koski, presented background information stating the Planning Department is involved -in processing environmental impact reports including investigation, field survey, public -notices , initial study, and reviewing reports; 'other departments, such as Public Works and Parks and Recreation may be involved. A deposit of $250 is reasonable to cover the cost incurred by the City, which includes technical personnel, publications , expenses and overhead factor, and staff considers a flat rate of $20 per hour . Full Environmental. Impact Reports take 'an estimated 10 to 13 hours of staff time; Negative Declaration; 2-1/.2 hours ; Categorical Exemptions , 1 hour, Councilman Tyrell expressed concern that residents have another fee , to pay when planning any type of building which could discourage their development; that the costs are coming out of tax dollars which the residents have already paid,' In" the case of developers , the cost can be absorbed in their expenses 'and recovered. 1 'and, - . I In answer to Council ' s question as :to how often residents would be required to make a full Environmental Impact Report, Planning Director Dragicevich advised that anything -building up. to four units would be Categorically -Exempt; Subdivisions , ' condominiums , commercial and industrial development would require a full EIR. Councilman Greenberg moved to charge no fee on a Negative Declaration and Categorical Exemption, and to charge $20 per hour against the deposit for a full Environmental Impact Report, seconded by Council- man Atkins and carried. 9 . ADDITIONAL WORK: CASH CONTRACT 1234X; SIDEWALK CONSTRUCTION ACCEPTANCE 'OF WORK: CASH CONTRACT 1234X, SIDEWALK CONSTRUCTION City Manager Koski presented background information stating the City received a recommendation from the Superintendent of Streets that the additional work required to complete the project in the amount of $678 ,48 , representing 514 sq . ft . of Portland Cement concrete walk and driveways , including wheelchair ramps , be approved; and a further recommendation that the work completed under contract 1234X be accepted. c Councilman Dennis moved to approve and authorize additional work in the amount of $678 . 48 and 'find the extra work had no significant effect on the environment ; to accept the work completed under Cash Contract 1234X and authorize payment due in the amount of $18, 685 . 48 ; authorize the Filing of Notice, of. Completion and release of the 10% retention at the end of the 35-day lien period, seconded by Council- man Atkins and carried. Council Minutes , September '20, 1977 - Page 3 10. APPROVAL OF CHANGES TO THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN City Manager Koski advised that City Council , at their regular meeting held February 3, 1976, approved the Los Angeles County Solid Waste Management Plan as recommended by the County Sani- tation District . The State Solid Waste Management Board partially approved the plan and took exception to elements dealing with transfer stations and deficiencies pertaining to disposal facilities . County Engineer has recommended approval of a resolution adopting changes as required by the State. Staff has reviewed the changes and they do not affect the City directly. Councilman Tyrell moved to adopt Resolution No . 77-1672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONCURRING WITH AMEND- MENTS TO THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN, secondee by Councilman Atkins and carried. 11 . LIGHTING PROPOSAL RE: COMMUNITY RECREATION FACILITIES City Council concurred in continuing this item to a Study Session immediately following the regular agenda. 12. LIVE OAK AVENUE, BALDWIN AVENUE TO EASTERLY CITY BOUNDARY - COOPERATIVE IMPROVEMENT PROJECT, CITY OF ARCADIA & CITY OF TEMPLE CII City Council concurred in continuing this item to a Study Session immediately following the regular agenda. 13. RESOLUTION NO. 77-1673 : PROPOSED POLICY RE: ENERGY AND WATER CONSERVATION City Council concurred in continuing this. item to a Study Session immediately following the regular , agenda. NEW BUSINESS; -14. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of September 7, 1977 EMPEROR AVENUE, 9400 BLOCK - NO PARKING RESTRICTIONS , SOUTH SIDE ONLY City Manager Koski presented background information, stating a reques was received from property owners on Emperor Avenue for parking restrictions because of long-standing and a continuing problem of cars parked on both sides of the street emanating from athletic events at the high school . A survey was mailed to the residents regarding the type of parking restriction they favored and advising that any posted restriction would alpo apply to them as well as the generalpublic. Two-thirds of those surveyed favored no parking on the south side of the street . Traffic Commission recommended "No Parking Anytime" signs be posted on the south side of the 9400 block of Emperor Street. Mrs . Sandra Hicke , 9408 Emperor, stated that most of their problems occurre uring baseball season from April to July and felt that no parking on the south side of the street restricts the residents the rest of year. She felt the City; 'schools .and residents together could police the problems . Councilman Greenberg felt that the recommended action is too severe for the short period of time the problem occurs and felt that before baseball season begins next year a solution can be arranged where the groups will police themselves . Councilman Dennis stated the City always has cooperation from the athletic groups and feels the City should seek their cooperation ratho than restrict and penalize the residents . Councilman Dennis moved to deny recommendation of the Traffic Com- mission to post "No Parking Anytime" signs on the south side of Emperor Avenue in the 9400 block , seconded by Councilman Greenberg and carried. Council Minutes , September 20 , 1977 - Page 4 15 . RESOLUTION NO. 77-1674: APPOINTMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No . 77-1674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Atkins and carried. 16 . RESOLUTION NO. 77-1675: CUSTODIAN OF PETTY CASH FUND Councilman Tyrell moved to adopt Resolution No . 77-1675 A RESOLUTIO4" OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING CUSTODL' OF PETTY CASH FUND, seconded by Councilman Atkins and carried. 17 . RESOLUTION NO. 77-1676: WARRANTS & DEMANDS , DEMAND NOS . 7479 THRU 7563 IN THE AMOUNT OF $81, 056 . 57 Councilman Atkins moved to adopt Resolution No. 77-1676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $81, 056. 57 , DEMAND NOS , 7479 THRU 7563, secondec by Councilman Dennis and carried, Councilman Greenberg noting his non-participation with regard to check number 7537. 18 . COMMUNICATIONS : A. City of Antioch, CA re: Statewide Initiative Prohibiting Compulsory and Binding Arbitration for Public Employees Cit Manager Koski Y g presented communication from the City .of Antioch, California supporting the concept of the- state-wide initiative in prohibiting compulsory and binding arbitration for public employees and to place in the Constitution -a prohibition relative to strikes for public employees . Councilman Greenberg moved to instruct Councilman Dennis as delegate to the League of California Cities Conference, to support in princil''' `':= the concept sof prohibiting compulsory, and binding arbitration, secor. - by Councilman Atkins and carried. 19 . TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward, RECESS TO CRA: The City Council recessed at 8: 15 p-m- .to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held September 6, 1977; approved proposal for engineering services to prepare a revised Tentative Parcel. Map to include T. C. Associates property, Temple City Holding Corp , , and demised areas in the. Agency parking lot; continued request . to sell Christmas trees in the southwest corner lot at Las Tunas Drive and Rosemead Boulevard; and adopted resolutio: approving warrants and demands . The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 20. ACTION ON REQUEST BY CRA: There was no action to be taken, 21. MATTERS FROM CITY OFFICIALS : A. Budget Amendment re: West San Gabriel Valley Juvenile Diversion Project City Manager Koski advised the City Council , at their regular meeting held August 2, 1977 , approved the City 's participation in .supporting administrative costs to continue the Juvenile Diversion Project; in reviewing the anticipated level of juveniles to- be diverted in the fourth year , staff estimates 50-70 juveniles will be diverted at a cost of $150 per client. Councilman Greenberg moved to appropriate additional funds in the amount of $7 , 500 for the diversion of Temple City youth and amend the adopted budget accordingly, seconded by Councilman Atkins and carried. Council Minutes , September 20 , 1977 - Page 5 B . Councilman Tyrell moved to adopt Resolution No . 77-1677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING THE STATE LEGISLATURE TO AMEND PENAL CODE 311 RELATING TO THE DEFINITION OF OBSCENE MATERIAL, seconded by Councilman Greenberg and carried . C. Request to Use Live Oak Park - Special Election, November 8, 1977 Councilman Greenberg moved to approve request from County Registrar to use the facilities at Live Oak Park for a special election to be held for the San Gabriel Valley Water District , Tuesday, November 8 , 1977, as a public service, seconded by Councilman Atkins and carried. . D. City Manager Koski presented an update regarding retirement benefits for CETA employees advising the Department -of Labor has extended the regulations to September 30, 1978 allowing cities to continue to grant retirement benefits with CETA funds . City Manager Koski also advised AB 1721, which would extend unemploy- ment benefits to public employees passed the Assembly and is currently on the Governor ' s desk for signature. Councilman Tyrell moved to send a telegram to Governor Brown urging him to veto AB 1721, seconded by Councilman Greenberg and carried. E. Councilman Greenberg stated he had attended the seminar given September 17 by the San Gabriel Valley Association of Cities on Graffiti, that it was an excellent seminar and wishes the City had invited someone from the schools and Parks and Recreation Commissioner to attend. F, Councilman Tyrell advised that Penal Code Section 1463 provides that fines and forfeitures are paid to 'the arresting jurisdiction rather than to the jurisdiction who has issued outstanding warrants and suggested Council initiate a correction of this. practice through legislation, requesting the City Attorney to prepare an appropriate resolution. City Council recessed to a Study Session, at 8 :45 p.m. , and reconvened at 10: 30 p .m. to take the following action, A. LIGHTING PROPOSAL RE: COMMUNITY RECREATION FACILITIES Councilman Atkins moved to .approve retaining professional engineering services from the firm of Store, Matakovich & Wolfberg to prepare plans , specifications and cost estimates for the lighting of athletic fields at Lave Oak Park at a cost not to exee d $2, 500, seconded by Councilman Tyrell and carried, Councilman Greenberg noting his ° objection. Councilman Atkins moved to approve retaining .professional engineering services from the firm of Store, Matakovich & Wolfber g to prepare plans , ,specifications and cost estimates for the lighting of tennis courts at Temple City High School at a cost not to exceed $2,000, . seconded by Councilman Tyrell and carried, Councilman Greenberg noting his objection. Councilman Atkins moved to deny amending existing application with the State to include lighting for the three tennis courts at Live Oak Park, seconded by Councilman Greenberg and carried, Mayor Merritt objecting . Councilman Atkins moved to amend the existing application with the State to increase the number of tennis courts to be constructed from three to four and to instruct staff to cause bid packages to be pre- pared with alternate bids for three tennis courts and four tennis courts , seconded by Councilman Greenberg and carried, Mayor Merritt objecting . Council Minutes , September 20, 1977 - Page fi B . LIVE OAK AVENUE, BALDWIN AVENUE TO EASTERLY CITY BOUNDARY - COOPERATIVE EFFORT, CITY OF ARCADIA & CITY OF TEMPLE. CITY Councilman Tyrell moved to authorize the cost for the curb, gutter f and sidewalk improvements to be constructed on the south side of Live Oak Avenue, within subject limits , in a cooperative effort with the City of Arcadia 's improvements of the north side limits, to be borne by the City, :seconded by Councilman Greenberg and carried :aka C. RESOLUTION NO. 77-1673: PROPOSED POLICY RE: ENERGY AND WATERQ CONSERVATION Councilman Greenberg moved to adopt Resolution No. 77-1673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A POLICY ON ENERGY AND WATER CONSERVATION as amended from draft form, seconded by Councilman Tyrell and carried. 22. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis , meeting adjourned at 10: 50 p .m. Next regular meeting of the City Council will be held Tuesday, October 4, 1977 , 7: 30 p .m. in the Council Chamber of the City Hall . KAYOR ATTEST: it !� C ef Deputy ty C er