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HomeMy Public PortalAboutCity Council_Minutes_1983-12-06_Regular 1983CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 6, 1983 INITIATION: 1. CALL TO ORDER: Mayor Gillanders called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, December 6, 1983, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Ted Hartman, First Lutheran Church, 9123 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, and Julie Estrada, Temple City Times. 5. CONSENT CALENDAR: Mayor Gillanders requested Item B(1) be removed from the Consent Calendar. On motion by Councilman Atkins, seconded by Councilman Tyrell all other items on the Consent Calendar were unanimously approved as recouunended. A. APPROVAL OF MINUTES - Regular Meeting of November 15, 1983. B. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of November 16, 1983. (2) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY PINTO -PONY- COLT LEAGUE. Approved recommendation for Temple City Pinto - Pony -Colt League to use Live Oak Park on January 7 and 11, 1984, for registration subject to the usual Certificate of Insurance and with the under- standing that due to proposed construction at Live Oak Park, use of facilities may be cancelled. (3) REQUEST FOR RESERVED USE OF TENNIS COURTS - TEMPLE CITY TENNIS CLUB. Approved recommendation for reserved use of tennis courts by the Temple City Tennis'Club as per staff memo dated November 17, 1983, subject to the required Certificate of Insurance. C. RECOMMENDATIONS FROM PLANNING COMMISSION - MEETING OF 11/22/83. (1) CLARIFICATION OF AMBIGUITY - A -FRAME AND OTHER UNATTACHED FREE STANDING SIGNS. Approved a clarification of ambiguity determining that "free stand- ing" signs means only permanent monument and pole signs attached to the ground and does not include A -frame and directional signs un- attached to the ground and requested that the Planning Commission initiate an ordinance amendment to the Temple City Zoning Code for clarification of ambiguity. (2) PROPERTY NUISANCE CASE NO. 83 -109: 4952 EL MONTE AVENUE. Adopted Resolution No. 83 -2223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF. Council Minutes, December 6, 1983 - Page 2 (3) PLANNING COMMISSION ACTION Received and filed memo relating to action taken by the Planning Commission at their regular meeting held November 22, 1983. D. REQUEST FOR FACILITIES FOR 40TH ANNUAL CAMELLIA FESTIVAL. Approved the use of facilities related to the 40th Annual Camellia Festival as set forth in their request dated November 29, 1983, subject to all necessary permits and the required Certificate of Insurance. E. ACCEPTANCE OF WORK - STREET LIGHTING IMPROVEMENTS: WEDGEWOOD STREET, ALESSANDRO TO ENCINITA AVENUE (Pursuant to Chapter 27 Improvement Act of 1911, Streets and Highways Code) Accepted the installation of four street lights on Wedgewood Street between Alessandro Avenue and Encinita Avenue. F. ACCEPTANCE OF WORK - REROOFING OF CERTAIN BUILDINGS AT LIVE OAK PARK (Sears Roofing Service) Accepted the work as completed; authorized payment of $8,100 sub- ject to receipt of Certificate of Guarantee from Sears Roofing Service; and authorized filing Notice of Completion with release of 10% retention at completion of the 35 -day lien period. G. SET PUBLIC HEARING - ASSESSMENTS FOR STREET LIGHTING IMPROVEMENTS RANCHO REAL ROAD, SULTANA TO LOMA AVENUE (Pursuant to Chapter 27 Improvement Act of 1911, Streets and Highways Code) Accepted the installation of three street lights on Rancho Real Road and set public hearing for January 3, 1984, to approve assessments. H. RENEWAL OF AGREEMENT - GROUNDS MAINTENANCE OF COUNTY FACILITIES ADJACENT TO CITY HALL. Authorized staff to negotiate a new five -year agreement with the County of Los Angeles for grounds maintenance of County facilities adjacent to the City Hall. I. PURCHASE OF COUNTY ENGINEERS BUILDING - 5908 KAUFFMAN AVENUE Found the project is categorically exempt pursuant to CEQA and authorized payment of $717,000 to the County of Los Angeles for property located at 5908 Kauffman Avenue. J. RESOLUTION NO. 83 -2213 - INTENT TO RENEW AGREEMENT - LAW ENFORCE- MENT SERVICES - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Adopted Resolution No. 83 -2213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, NOTIFYING THE BOARD OF SUPERVISORS OF CITY COUNCIL'S INTENTION TO RETAIN LOS ANGELES COUNTY SHERIFF SERVICES. K. PROPOSED CHANGE TO PROPOSITION A GUIDELINES Adopted Resolution No. 83 -2221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY IN SUPPORT OF THE LIBERALIZATION OF PROPOSITION A FUNDS. L. GENERAL MUNICIPAL ELECTION - APRIL 10, 1984 (1) RESOLUTION NO. 83 -2215: CALLING FOR A GENERAL MUNICIPAL ELECTION Adopted Resolution No. 83 -2215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CALLING AND GIVING NOTICE OF OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 10TH DAY OF APRIL, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF TEMPLE CITY. Council Minutes, December 6, 1983 - Page 3 (2) RESOLUTION NO. 83 -2216: REQUESTING BOARD OF SUPERVISORS TO PERMIT REGISTRAR OF VOTERS TO RENDER SPECIFIC SERVICES TO THE CITY. Adopted Resolution No. 83 -2216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF TEMPLE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 10, 1984. (3) RESOLUTION NO. 83 -2217: ADOPTING REGULATIONS FOR CANDIDATES. Adopted Resolution No. 83 -2217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS AND LIMITATIONS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUES- DAY, APRIL 10, 1984. M. RESOLUTION NO. 83 -2218: EMPLOYMENT OF PERSONNEL. Adopted Resolution No. 83 -2218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. N. RESOLUTION NO. 83 -2219: WARRANTS AND DEMANDS Adopted Resolution No. 83 -2219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $288,901.11 DEMAND NOS. 6777 THRU 6885. CONSENT CALENDAR ITEM B(1). REQUEST FOR USE OF LIVE OAK PARK - SOUTHERN COUNCIL OF CONSERVATION CLUBS, INC. Don Stehsel, 2600 S. Third Avenue, Arcadia, on behalf of the Conser- vation Club, requested waiver of usage fees and personnel coverage cost since both the instructors and the student coaches would be volunteering their services toward the efforts of the U. S. Olympic Team. Councilman Atkins moved to approve use of Live Oak Park by the Southern Council of Conservation Clubs, Inc. on January 21 and 22, 1984, to conduct a Marksmanship Coaching Class and waive usage fee and personnel coverage cost, seconded by Councilwoman Swain and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. REVIEW OF DANCE PERMIT AND BUSINESS LICENSE - TEMPLE CITY ALANO CLUB City Manager Koski presented a background review stating the Alano Club was issued a business license on October 6, 1982, with an occu- pancy limit of 61 persons, and on December 14, 1982, approved a dance permit based on the Sheriff's Department report. At the August 2, 1983, meeting, Council received complaints regarding the operation of the Club and requested staff and the Sheriff's Depart- ment to investigate the matter. Following meetings with staff and principals involved, the problems appeared to have been resolved and communications between the parties have improved. A follow -up report from the Sheriff's office indicates no major problems at the site since their original report of August 3, 1983. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Mike Miller, Attorney at Law, 5926 Temple City Boulevard, stated his office has a view of the parking lot behind the Alano Club and that a grave parking problem did exist to which the Alano Club members have responded in resolving the situation. He is not opposed to having the Alano Club there if they treat the surrounding community with common courtesy; if not, and they revert back to their former Council Minutes, December 6, 1983 - Page 4 problems, he will do everything legally possible to close the club in Temple City. Mr. Miller submitted a letter from Barbara Woody, 59332 Camellia Avenue, directly behind the Alano Club stating that if the license and permit is renewed, she hopes they do not regress to their former noise disturbances and parking habits. Earl Archer, 221 E. Walnut, Pasadena, legal counsel for the Alano Club and also a member, stated the Alano Club serves primarily as a means by which a place exists for Alcoholics Anonymous (AA) meetings to take place and there are approximately 11 per week. AA is not affiliated with any organization and that is the reason for the Alano Club. He wanted to assure Council that those who are in charge of the club are responsible persons who want to be good neighbors and if problems are brought to their attention, they will make every effort to work them out as they have in the past. He had met with staff regarding the parking and noise problems, and they have been resolved; he also ex- pressed a willingness to work with the City should any problems arise in the future. Ed Conklin, 59292 N. Camellia, owner of the duplex in back of the Alano Club, stated the rear door is still used; the noise still exists; and his parking place which he pays for is taken and not available for his use. Lucinda Grant, Community Development, P.O. Box 1323, felt that AA affects the entire couununity, and her experiences with rentals to AA individuals and families were all detrimental not only to herself, but to the entire couuuunity. . Jim Murphy, 9703 Garibaldi, President of the Alano Club through which he has been able to maintain 6 -1/2 years of sobriety, stated there is no guarantee of continued sobriety when someone comes into the AA program, thus the program itself cannot be held responsible. Only coffee and soft drinks are provided; no drinking is allowed on the premises; those who come to a meeting in an inebriated state, including those sent to them by the courts are expelled if they become disruptive. Bill Graham, 9612, 9616, 9618 Las Tunas Blvd., stated if there was ever a time that people needed help to stop drinking and to stay sober, it is in todays society. Alcoholics have a disease and the Alano Club is endeavoring to help people to stay sober and make some- thing of their lives. Mr. Graham also made reference to a letter from Mrs. Rutter which stated this organization is like a big family which offers a helping hand when needed not only for physical, but, more importantly for moral support. Bill Boyson, 5121 Sereno Drive, has grown up in Temple City; worked for the Sheriff's Department; drank heavily as a deputy; and this past year for the first time since he was ten has been sober because of this facility which was made known to him through the court system. He came this evening to say that he can personally testify that the Alano Club is providing a service that works. Lt. Mangan, reiterated the role the Sheriff's Department is trying to accommodate. They are neither for nor against anyone; want to keep the peace; will respond to any complaints; investigate them; will be objective and mediate disputes. Further, Lt. Mangan stated he can verify that no complaints have been received regarding the club and felt that club proceedings were under control. Kelly Lookabaugh, 5926 Temple City Blvd., stated he owns approximatel 127 of the commercial area and 16% of the parking area involved and and was opposed to granting a dance permit or business license. He expressed concern for the women employees who, especially during tax season, have to use the parking lot at night and further stated his "no parking" and "no trespassing" signs are ignored, and the members use his breezeway when the back door is locked. There being no other persons that came forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilwoman Swain and unanimously carried. Council Minutes, December 6, 1983 -Page 5 Councilman Tyrell stated that althoughjhe would prefer the Club not be in that area, that they are there legally; they serve a good func- tion; his visits to the Club have not indicated there is a problem and, therefore, he was not opposed to the license nor permit. Councilwoman Swain concurred with Councilman Tyrell; believed the Club is in an inappropriate location; however, it is there legally; it appears they are attempting to correct the problems and conduct themselves as good citizens in the community. In speaking with other people in the area, the parking problem was no greater here than they are all over our city, and as long as they agreed with the conditions and complied with the laws, she was not opposed. Councilman Dennis stated it appeared fromthe comments that although there is still some degree of problems, it has subsided substantially. Their self - policing action has had an effect and they should be given an opportunity to continue for some period of time. Councilman Atkins agreed the officers of the club are doing an excellent job of policing themselves; they are making an effort to control the sources of irritation to the neighbors; they do get guests imposed on them by the courts that are deemed difficult to handle; and he is supporting renewal of the permit and license. Mayor Gillanders felt the club provides a responsible social service to the community as a whole at no cost to the taxpayer; provides re- sponsible and caring service `. for each other; and although its loca- tion may not be suitable, Temple City should not shift their social responsibility to some other community. Councilman Atkins moved to renew the dance permit and business license with the same conditions and controls as in the past, seconded by Councilman Tyrell and unanimously carried. B. PUBLIC HEARING: 7:30 P.M. - APPEAL OF A DECISION BY THE PLANNING COMMISSION APPROVING A REQUEST FOR CONDITIONAL USE PERMIT AND ZONE VARIANCE TO ALLOW A ONE - STORY, 50 -BED ADDITION TO A RETIREMENT CENTER (Santa Anita Convalescent Hospital) City Manager Koski presented background information stating at their November 1st meeting, City Council moved to hold public hearing to further review the CUP and variance approved by the Planning Commis- sion. The project entails construction of a one -story 50 -bed addi- tion to the retirement center and a 24 -bed remodeling addition with no new construction to the convalescent hospital. The Planning Commission by a 5:0 unanimous vote approved requests for these additions. In reaching their decision, the Planning Commission considered the issues of overcrowding of patients;, improved effi- ciency; population density; intensification of use for the site; and parking facilities. The Commission found that the applicant had worked with residents to resolve their concerns with the project and that the project proposed reflects the ultimate expansion of the facility. Councilman Tyrell moved to include the Planning Commission minutes as part of the record, seconded by Councilman Dennis and unanimously carried. Mayor Gillanders declared the public hearing open.and invited anyone wishing to speak to come forward. Frank Schrader, Administrator, Santa Anita Convalescent Hospital, stated after denial in 1982 of the 140 bed addition to the hospital, they consulted with City staff and the neighborhood to try and come up with a master plan that would be adequate and at the same time one which the neighbors would agree to. After discussions, it was found there were concerns about future growth as well as issues in the past which have now been corrected, and thereby arrived at the 50 -bed addi- tion to the retirement center and 24 -bed addition which requires no construction to the hospital as their final expansion. They have conducted parking surveys and have found the 200 plus parking spaces would be ample with approximately 80 to 100 spaces left over above their use. Council Minutes, December 6, 1983 - Page 6 Lucinda Grant, 5434 N. El Monte, stated in discussions with friends at the Retirement Center, they felt concern for the patients who are bedridden and only hear Spanish spoken by the aides who care for them even though they can speak English. Councilman Atkins responded that according to a Supreme Court de- cision, employees could not be compelled to speak English at work. John Stacy, 5620 Gracewood, has owned the property north of the fa- cility since 1968 and is opposed to the addition. He stated the facility now has the heaviest density in the City in the R -1 zone; is destroying his environment; his property has depreciated in value; has encountered radio frequency interference and the air circulation has diminished. Pat Warren, 5624 Gracewood, a tenant of Mr. Stacy for the past 8 years, also is opposed to the addition, and in addition to Mr. Stacy's concerns stated since she lives in the back, the water level increases during the rainy season due to clogged drainage holes. Harry Covington, 5613 Hallowell, has lived there for 40 years when the hospital was one building, opposes the addition for the same reasons as Mr. Stacy. Norma Curry, 10569 E. Olive, has been a resident of Temple City for the past 19 years, and after a dilligent and exhaustive search for a truly caring facility transferred her mother to Santa Anita Conva- lescent Hospital six years ago, and the need is great for a hospital that provides excellent service and tender loving care which is what this facility gives and strongly endorses the addition. There being no other persons that came forward to speak, Councilman Atkins moved to close public hearing, seconded by councilman Dennis and unanimously carried. Councilman Atkins felt the EIR was inadequate in that it does not address the long term or cumulative impact on that area either en- vironmentally or economically. Although the facility is needed, well run, and serves a purpose, further expansion would have a serious economic impact since it is already at the heaviest density in the City. Councilwoman Swain agreed the impact on the neighborhood is tremen- dous; is very dense; does impact the economic value of the homes around the facility; there is a noise factor; and feels it has gone as far as it should go. At present it is one of the largest conva- lescent hospitals in Southern California, and it is located in a R -1 Zone. Councilman Dennis stated the facility and its impact on the neighbor- ing properties is already in effect, and that the needed additional beds would not have any more significant impact on the values of the other properties than it already has and sees no justification to refuse the permit. Councilman Tyrell agreed that the impact has already been made and rec- ognizes there may be more noise from the additional air conditioners; no one wants a large facility next door any more than they want air- ports or schools, but it has been there and the necessity of the.facil- ity is already acknowledged; and he has a great deal of confidence in the ability of the Planning Commission and was impressed with the 5:0 unanimous vote in favor of the addition. Mayor Gillanders stated he recognizes the degree of care is outstand- ing and other hospitals could do well in emulating this facility, but felt it has reached its limitations. There are no circumstances where any individual could now come before the Planning Commission and ask to build a facility of this type in the middle of a residential commu- nity. It would simply not be allowed; and should not•be allowed in increments. Councilman Atkins moved to adopt Resolution No. 83 -2224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING CUP #83 -692 AND VARIANCE #83 -694 FOR THE SANTA ANITA CONVALESCENT HOSPITAL AND RETIREMENT CENTER, seconded by Councilwoman Swain and carried on a roll call vote. Council Minutes, December 6, 1983 - Page 7 ROLL CALL: AYES: Councilmen - Atkins, Swain, Gillanders NOES: Councilmen- Dennis Tyrell ' C. PUBLIC HEARING: 7:30 P.M. - PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE TO AMEND THE SIGN AND DEVELOPMENT STANDARDS WITHIN THE C -1 AND C -1 -R ZONES, TO ALLOW ADDED USE OF RETAIL SALES OF COMPUTERS AND VIDEO EQUIPMENT IN THE C -1 AND C -1 -R ZONES, AND TO MODIFY THE PUBLIC NUISANCE SECTION RELATIVE TO PROPERTY MAINTENANCE. City Manager Koski presented background information stating this matter has been before the Planning Commission for quite a lengthy period and they have given concise and detailed recommendations. City Council had a study session and it has now been set for public hearing to take any additional testimony. Councilman Dennis moved to include the Planning Commission minutes as part of the record, seconded by Councilman Tyrell and unanimously carried. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Al Lehine, 9579 Las Tunas Drive, inquired as to the sign portion of the amendment regarding the limitations of square feet and time lim- itations, since he was anticipating installing new signs on his building. v.. Planning Director Shaw stated the formula is based on linear front- age of the building with an overall limit of 150 square feet regard- less of the property. In response to inquiries from Council, Mr. Shaw clarified that abate- ment time on temporary signs is 90 days; flashing, moving and non- conforming signs are not allowed; flashing lights and strobe lights inside of buildings could also be restricted; projected signs are restricted to the center so as not to affect the visability of other signs that other businesses might want to put up; and, abandoned signs shall be removed within 90 days. Al Driver, 9611 Las Tunas Drive, expressed numerous concerns regard -. ing the types of uses permitted in the C -1 and C -1 -R zones because of the small size of many of the existing structures. There being no other persons that came forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilwoman Swain and unanimously carried. Councilman Atkins requested that future amendments or changes to the Zoning Code not be considered together, but rather have one category per recommendation. Following discussion on the sign portion of the amendment regarding projecting signs; flashing light signs and strobe lights including, those located inside of buildings; and current restrictions on mer- chants, Councilman Atkins moved to certify Negative Declaration of Environmental Impact, seconded by Councilman Dennis and carried. City Attorney Martin introduced Ordinance No. 83 -543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING AN AMENDMENT TO THE ZONING CODE RELATING TO SIGN AND DEVELOPMENT STANDARDS WITHIN THE C -1 AND C -1 -R ZONES, ALLOWING THE ADDED USE OF RETAIL SALES OF COMPUTERS AND VIDEO EQUIPMENT IN THE C -1 AND C -1 -R ZONES, AND MODIFY- ING THE PUBLIC NUISANCE SECTION RELATIVE TO PROPERTY MAINTENANCE, for first reading by title only. Councilman Dennis moved to waive further reading, seconded by Councilman Tyrell and unanimously carried. COUNCIL RECESSED AT 9:50 P.M. FOR A SHORT BREAK AND RECONVENED AT 10:00 P.M. D. PUBLIC HEARING: 7:30 P.M. - STREET LIGHTING IMPROVEMENTS: CAMELLIA AVENUE, SPARKLETT STREET TO LA ROSA DRIVE (Pursuant to Chapter 27, Improvement Act of 1911, Streets & Highways Code). Council Minutes, December 6, 1983 - Page 8 City Manager Koski presented background information stating City Council set public hearing for this evening regarding installation of four street lights on new marbelite standards on Camellia Avenue. The petition was returned with 83.26% of the property owners in favor of the installation. The upgrading of the lighting will require annexation into Zone A and property owners are aware of the differ- ence in rates between the Zones. The cost of installation is esti- mated at $47.62 per property as quoted by the Southern California Edison Co. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Dorothy Murset, 5009 Camellia Avenue, stated she initiated the peti- tion for the lights since the area is in desperate need of adequate lighting, due in part to the density of trees. They have had an in- creased crime rate and the neighborhood watch program has not been effective in handling it. Some of the residents are completely armed at this time and felt the lights would ease the tension. There being no other persons that came forward to speak, Councilman Dennis moved to close public hearing; approve the Negative Declara- tion; find the project is in the best interest; and adopt Resolution No. 83-2214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO SECTION 5870 ET SEQ. OF THE STREETS AND HIGHWAYS CODE, and instructed the Superintendent of Streets to initiate proceedings to annex the area into Zone A of the City -wide Lighting District, seconded by Councilwoman Swain and unanimously carried. E. ORDINANCE NO. 83 -542 - AMENDING SECTION 3342 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PARKING PERMITS City Manager Koski stated the Ordinance for Council's consideration concerns amendments to the Parking Ordinance which were approved at the November 15th Council meeting. City Attorney Martin introduced Ordinance No. 83 -542 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 3324 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PARKING PERMITS for first reading by title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Atkins and unanimously carried. 7. NEW BUSINESS: A. ORDINANCE NO. 83 -544: AN URGENCY ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 3 OF ARTICLE V OF THE TEMPLE CITY MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. City Attorney Martin presented background information stating we do operate under a statute of imposing sales tax from the State of Cali- fornia which requires all local cities to adopt an ordinance which comports to the state statute. This requires that every time the state changes its statute we must change our ordinance. The state has made a change in the statute regarding waterborne vessels and therefore we must change the ordinance to comport. Councilman Tyrell moved to adopt Ordinance No. 83 -544 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 3 OF ARTICLE V OF THE TEMPLE CITY MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUAL- IZATION, seconded by Councilman Atkins and unanimously carried. B. PROPOSED ANNEXATION 83 -2 - 5444 SANTA ANITA AVENUE. City Manager Koski presented background information stating the staff has been approached by a developer and his agent regarding two parcels of land at 5455 Santa Anita Avenue and the feasibility of annexing that territory to the City of Temple City. The area lies within Temple City's sphere of influence and if Council wishes to consider it for annexation to the City, then the first step is the adoption of Council Minutes, December 6, 1983 gPage 9 a joint tax resolution with the County Board of Supervisors, and forward it to the Local Agency Formation Commission (LAFCO). Councilman Tyrell asked if there are changes in Temple City's tax status regarding property tax, would the distribution of taxes be- come negotiable at that time. City Attorney Martin stated a provision could be added to the reso- lution whereby all provisions of this resolution relating to taxes shall be reconsidered by the two governing agencies in the event of any significant change of the law impacting the ability of Temple City to collect a portion of the county property taxes. Councilman Tyrell moved to adopt Resolution No. 83 -2220 JOINT RESO- LUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXA- TION OF UNINCORPORATED TERRITORY TO THE CITY OF TEMPLE CITY -- "ANNEXATION 83 -2" as revised, seconded by Councilwoman Swain and unanimously carried. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Harry De Vasher, 6327 N. Primrose Avenue, as a member of the Board of Directors of Homeowners for Water Rights, requested the Council's involvement in their proceedings of condemnation of the East Pasadena Water Company which provides approximately 1,085 Temple City residents with inadequate water services at a high rate. He referred to a Star News article of July 8, 1982, which article substantiated these facts. Mr. De Vasher presented to Council a copy of a petition signed by 826 Temple,City residents demanding the elected officials to take imme- diate action and initiate condemnation proceedings. Mr. De Vasher further stated they would be happy with the increased rate if they received something for it, however, East Pasadena Water Company has refused to submit a certified trial balance, or. balance sheet, or any other documents of doing good business, and would like to stop the Water Company from obtaining a one and one -half million dollar loan. Ed Jenkins, Arcadia, stated that this group is undertaking condemna- tion of-this utility under PUC Code Section 1402 and is asking Temple City, Arcadia, and the County of Los Angeles to join forces in the condemnation proceedings to try and solve a drastic problem. Responding to Council inquiry, Chief McCann stated if you were build- ing a home today, you would have to say the water system is inade- quate in many areas, but that the Fire Department could put out a fire. C. Longstreet, Longden Avenue, stated that he had understood due to insufficient water pressure, it would not be possible to obtain a permit to rebuild a house that had been burned down according to the Los Angeles County Code. City Manager Koski stated there are misunderstandings of the building permit regulations between the City and County, and the laws that apply to the residents of Temple City would allow rebuilding the house. Homer Johns, has lived in Temple City for 30 years, stated the in- rormation he received at a meeting was that pressure of 450 gallons per ndnute was required to rebuild a house under the County Code, and would the City Council write a letter to the Public Utilities Commission stating they are behind the property owners of the City. Councilman Tyrell stated that Staff has written a letter to the Water Company over a year ago. The Council does not have the power, or the financial ability to correct the problems of the Water Company, Council Minutes, December 6, 1983 - Page 10 however, the Homeowners for Water Rights as a group are entitled to initiate condemnation proceedings and take over the district if they desire to do so. City Manager Koski stated Staff has done research regarding general condemnation and would like to get together with the homeowners and City Attorney to go over the options that are available, and how they can proceed with their proposed acquisition plans. Council directed Staff to make arrangements for a time and place to meet with the Homeowners for Water Rights. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, approved the minutes of the regular meeting of November 15, 1983, reviewed and approved the annual report from July 1, 1982 to June 30, 1983, and transmittal to the City Council, and adopted resolution approv- ing warrants and demands. The minutes are set forth in full in the re- cords of the agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: A. ANNUAL REPORT, JULY 1, 1982 TO JUNE 30, 1983. Councilman Dennis moved to accept the Community Redevelopment Agency Annual Report and instruct staff to transmit to Department of Housing and Community Development, seconded by Councilman Tyrell and unani- mously carried. 11. MATTERS FROM CITY OFFICIALS: A. ARCHITECTURAL SERVICES - COSTS ESTIMATES - CITY HALL EXPANSION TO COUNTY ENGINEERS BUILDING. Councilman Tyrell moved to accept the proposal from Haynes & Oakley for architectural services to prepare cost estimates on a prioritized basis and authorized the Mayor to sign, seconded by Councilman Atkins and unanimously carried. B. REQUEST OF EL MONTE UNION HIGH SCHOOL BOARD OF TRUSTEES TO CON- SOLIDATE SPECIAL ELECTION WITH CITY MUNICIPAL ELECTION APRIL 10, 1984. Councilman Tyrell moved to adopt Resolution No. 83 -2222 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA CONSENTING TO A REQUEST OF THE EL MONTE UNION HIGH SCHOOL BOARD OF TRUSTEES TO CONSOLIDATE A SPECIAL SCHOOL DISTRICT ELECTION WITH THE CITY OF TEMPLE CITY MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 1984, PURSUANT TO SECTION 23300 OF THE ELECTIONS CODE, seconded by Councilman Atkins and unanimously carried. C. CLAIM FOR DAMAGES: FRANK BOUZANQUET Councilman Tyrell moved to deny and refer claim of Frank Bouzanquet to JPIA, seconded by Councilman Atkins and unanimously carried. D. CALIFORNIA COURT PROCEDURES INITIATIVE. Councilman Tyrell requested support of Council on this initiative regarding changes in our Criminal Court Procedures. Council Minutes, December 6, 1983, Page 11 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, meeting adjourned at 11:15 p.m. Next regular meeting of the City Council will be held on December 20, 1983, 7:30 p.m. in the Council Chamber of the City Hall. 1 ATTEST: ie Deput C er 1 1