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.
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ATTEST:
ie Deput C er
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