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HomeMy Public PortalAboutCity Council_Minutes_1984-06-19_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 19, 1984 INITIATION: 1. CALL TO ORDER: Mayor Swain called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, June 19, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Randi Walker, Arcadia Congre- gational Church, 2607 S. Santa Anita. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell, Swain Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, and Julie Estrada, Temple City Times. 5. CONSENT CALENDAR: Councilman Tyrell moved to approve Items A through L on the Consent Calendar as recommended, seconded by Councilman Atkins and unani- mously carried. A. APPROVAL OF MINUTES - Regular Meeting of June 5, 1984 Approved as written. B. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF JUNE 12, 1984 (1) PROPERTY NUISANCE CASE NO. 84 -114: 8611 HERMOSA DRIVE There being no appeal to Planning Commission decision, Council adopted Resolution No. 84 -2282 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) PLANNING COMMISSION ACTION Received and filed memo relating to action taken by the Planning Commission at their regular meeting held June 12, 1984. C. APPROVAL OF EMPLOYEE OPTIONAL BENEFIT PLAN - FY 1984 -85 Approved amended employee optional benefit plan permitting each employee a $600 benefit package for 1984 -85 fiscal year. D. PROPOSED ORDINANCE NO. 84 -550 RELATING TO BARKING DOGS Introduced Ordinance No. 84 -550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SECTION 4260 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE REGULATION OF DOGS for first read- ing by title only. E. RELEASE OF CONSTRUCTION BOND - FALCON CABLE TELEVISION Authorized release of the $1,000,000 construction bond to Falcon Cable Television following execution of Certificate of Completion. D. REQUEST FOR RATE INCREASE FOR RUBBISH COLLECTION - COMMUNITY DISPOSAL COMPANY Approved an additional monthly rate increase for rubbish collec- tion of $.20 per single family residence and $.10 for each addi- tional unit effective July 1, 1984, and authorized the Mayor and City Clerk to sign. Council Minutes, June 19, 1984 - Page 2 G. ACCEPTANCE OF BID: STREET IMPROVEMENTS - CLOVERLY AVENUE ET AL Accepted low bid from E.G.N. Construction, Inc. in the amount of $63,276.33 and authorized the Mayor and City Clerk to sign the agreement. H. ACCEPTANCE OF WORK: LIVE OAK PARK IMPROVEMENTS (California Park- land Act 1980 - Project 80- 19108) Accepted the work performed; authorized payment in the amount of $12,774.98 and filing of the Notice of Completion and release of the 10% retention in the amount of $10,757.24 at the end of the 35 -day lien period; authorized budget adjustment in the amount of $7,895.64 to Account No. 8188 and amend the adopted budget accord- ingly; and authorized filing for remaining State Grant Funds. I. TRANSFER OF FUNDS: MALL PARKING LOT LIGHTING IMPROVEMENTS Approved the transfer of funds from Account 4124 to Account 4183 in the amount of $3,860 to purchase new lights for the public mall parking lots. J. RENEWAL OF LEASE OF CITY -OWNED PROPERTY - 5843 TEMPLE CITY BLVD. Approved renewal of rental agreement with Gino's Home Interiors at $900 per month for a three -yeas period ending June 30, 1987. K. RESOLUTION NO. 84 -2277 EMPLOYMENT OF PERSONNEL Adopted Resolution No. 84 -2277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. L. RESOLUTION NO. 84 -2278 WARRANTS AND DEMANDS Adopted Resolution No. 34 -2278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $152,543.73 DEMAND NOS. 7854 THRU 7962. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. 1. REVENUE SHARING FUNDS 2. ADOPTION OF FY 1984 -85 BUDGET City Manager Koski presented background information stating City Council at their regular meeting held May 15, 1984, conducted public hearing for citizen input onthe proposed use of revenue sharing funds in the approximate amount of $128,000 identified for public safety - law enforcement and continued the matter to the public hearing re- lating to the adoption of the 1984 -85 budget. The resolution reflects those changes which Council requested at their study session. Mayor Swain declared the public hearing open and invited anyone wishing to speak to come forward. There being no one that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins moved to approve expenditure of $128,000 Revenue Sharing Funds for public safety -law enforcement; adopted Resolution No. 84 -2279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CITY BUDGET ''AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1984-35; and adopted Resolution 84 -2280 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A SALARY SCHEDULE AND PAY PLAN FOR FISCAL YEAR 1984 -1985, seconded by Councilman Gillanders and unanimously carried'. B. LEVY OF FY 1984 -85 ASSESSMENTS: CITY -WIDE LIGHTING DISTRICT City Manager Koski presented background information stating City Council, at their regular meeting held. June 5, 1984, held public hear- ing on the levy of FY 1984 -85 assessments for the City -Wide Lighting District and continued the matter to this meeting pending a report Council Minutes, June 19, 1984 - Palgne 3 from staff regarding the impact of the Jarvis Constitutional Amend- ment on district assessments. Should the Jarvis Amendment pass on the November ballot, certain provisions of the amendment may prevent the City'from levying the annual assessments for energy and mainten- ance of the City -Wide Lighting District resulting in the City's in- ability to finance street lighting unless an assessment or assessment fee is approved by a two - thirds vote of the people by a special elec- tion measure. Determinations are yet to be made . regarding nomencla- ture if it should be called an assessment or assessment fee; collec- tion problems that would be created since it is undetermined if the County Tax Collector will place assessment fees on the property tax bill; and whether a special municipal election should be called at this time. Following discussion by Councilmembers regarding the necessity of informing the community and providing the citizens with an option of being able to vote on a ballot measure to maintain our lighting system if Jarvis IV passes on the November election, Councilman Atkins moved to adopt Resolution No. 84 -2281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE LEVY AND COLLECTION OF ASSESS- MENT FEES FOR FISCAL YEAR 1984 -85 WITHIN THE CITY -WIDE LIGHTING MAIN- TENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, and instruct the City Attorney to prepare a ballot measure for a pos- sible Special Municipal Election, November 6, 1984, to be consolidated with the State -Wide General Election, seconded by Councilman Tyrell and unanimously carried. C. PROPOSED ORDINANCE-NO. 84 -549 (2nd reading) RELATING TO THE POSTING OF SIGNS WITHIN THE PUBLIC RIGHT OF WAY. Councilman Tyrell moved to waive further reading and adopt Ordinance No. 84 -549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING NEW.SECTION 4223 TO THE TEMPLE CITY MUNICIPAL CODE RE- LATING TO THE POSTING OF SIGNS, seconded by Councilman Gillanders and unanimously carried. 7 NEW BUSINESS: None. 8 COMMUNICATIONS: City Manager Koski presented a letter from Dorothy Murset addressed to Council concerning a matter in their neighborhood. involving per- sons who precede the collection of trash and rummage,through trash barrels which they feel is a contributing factor in the increased incidents of burlgaries in the neighborhood. Responding to Council inquiry, City Attorney Martin stated since the trash barrels are put in the public easement, questions arise such as, from whom is it stolen? has the owner given it away and lost control over it? or does it belong to the rubbish collectors? Following further discussion, Council instructed staff to obtain a copy of the trash ordinance for Council review. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Jim Roth, 5822 N. Sultana, stated he was here to address the Council on parking, noise, debris and traffic problems that are associated with the Edwards Theater which draws large crowds not only on week- ends but with school out on weekdays also. Mr. Roth presented to Council figures compiled on Friday and Saturday nights detailing the amount of traffic flow which data represented 115 cars in their resi- dential neighborhood because there is not adequate parking at the theater. Mr. Roth offered two suggestions: 1) to close one of the theaters; and 2) cul -de -sac Sultana on the south end by the alleyway making the alley one -way west and close off the entrance to Hermosa from Rosemead by putting up guard rails. Council Minutes, June 19, 1984 - Page 4 Dennis Bevridge, 5831 Sultana, stated six months ago the residents asked for a solution and received limited parking which has not worked.; no one can visit them anymore; he has no objections to the theater doing business; however, Mr. Edwards should use the parking that is available and adjust his movies to that parking. William Walker, 9044 E. Hermosa, stated although he appreciated the Sheriff's presence in attempting to'deal with the traffic problems, the necessity of the red flashing lights and loud noise from the speakers added to the existing problem. Cheryl Baxter, 9025 Hermosa, stated adding parking restrictions only hurts the neighboring residents and that the problem belongs to Mr. Edwards and felt he should provide more parking spaces. Judy Hooks, 6239 North Sultana, stated in addition to the noise, the safety problem is a tremendous burden, and finding other parking would be the most viable solution and suggested the area used as a Christmas tree lot in the K -Mart shopping center should be explored by Mr. Edwards. Sally Find, 5827 Myda, suggested Mr. Edwards build a double decker parking lot or restrict the number of shows to accommodate his parking space. Linda Miller, 9035 Hermosa, distributed pictures to Council showing the traffic jams that occur; stated her car had been sideswiped because there is insufficient room for two cars to go down the center; people use driveways to turn around making the driveways and front lawns unsafe for her children to play. She stated when the traffic starts, she must restrict her children to the back yard. Frances Bond, 9041 E. Hermosa, stated she had to have cars towed away so that she could get into her own driveway and had hostile encounters with persons parked at the front of her property. Jan Roth, 5822 Sultana, stated she had talked with Mr. Edwards and felt he was unaware the problem existed and stated he would cooperate in any way he could. Responding to Council inquiry, Planning Director Shaw stated the theater was reviewed under the conditional use permit process and an ordinance amendment was made to allow 25% compact stalls in lots of 100 spaces or more. The vacation.of Elm and cul -de -sac of Myda pro -. vided additional spaces on site and the combination of these two elements thereby complied with City'ordinance code which is one park- ing space to five theater,seats.. Councilman Dennis stated the solutions that have been tried are not working; did not know if double decking would be a practical solution since it may take six to nine months to accomplish; and agreed the use is infringing upon the neighborhood and a solution has to be found. Councilman Gillanders stated since reasonable and practical solutions have failed, it comes down to becoming a public nuisance and ordering 'abatement of the obvious source and also that Edwards Theater does have an obligation to the community. Mayor Swain felt a meeting with Council, staff and Edwards Theater would be an appropriate place to start. Councilman Tyrell stated one of the problems is that public streets are made to be parked on and people will ignore left turn signals and other traffic signs.. He suggested making Sultana either a cul- de -sac or one -way, southbound between Hermosa and the alley and making Hermosa an exit only at Rosemead Boulevard might alleviate some of the problems. Mayor Swain directed staff to set up a meeting with members of Council who would like to attend and staff to discuss this problem. Council Minutes, June 19, 1984 - Page 5 RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting of June 5, 1984; continued the matter of the Burger King modification of a CUP to their July 17th meeting. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: • I 10. ACTION ON REQUEST BY CRA: A. REQUEST FOR APPROVAL OF SITE REDESIGN AND DEVELOPMENT OF A CHIL- DREN'S PLAY AREA FOR BURGER KING AT 5541 N. ROSEMEAD BOULEVARD City Council, upon notice from the Community Redevelopment'Agency that the subject request had been continued to the meeting of July 17 to enable the applicant to be present; reviewed the Burger King request. Responding to Council inquiry, Planning Director Shaw stated staff's primary concern was safety as some potential problems still exist with the proposed play area, and concern whether a play area itself was an appropriate use within the commerical redevelopment project area. Following further discussion Council took action to appeal the matter so that they could conduct a public hearing and review the recommen- dations of the Planning Commission at a, de novo hearing. Pursuant to Section 9210 of the Zoning Code, Councilman Gillanders moved to appeal Planning Coumiission Resolution No. 84- 1127PC approv- ing.modification to CUP 70 -317 and set the matter for public hearing for July 17, 1984, seconded by Councilman Atkins and unanimously carried. 11. MATTERS-FROM CITY OFFICIALS: A. COMMISSION APPOINTMENTS On motion by Councilman Atkins, seconded by Councilman Gillanders and unanimously carried, the following Commissioners were reappointed for the terms indicated below commencing July 1, 1984: Two year terms: Planning Commission Traffic Commission Parks & Recreation Six month term: Parking Commission - Thomas D. Breazeal and Robert L. Stacy - Matt Jacobs, Larry Kelly and Larry Reed - Bud Adams, Flora Burlingame, Sig Caswell and Harry Crump - Penny Graham and Al Millham Councilman Atkins moved to appoint Don Kelker to fill the unexpired vacancy on the Traffic Commission to a term ending June 30, 1985, seconded by Councilman Dennis and carried on a Roll Call vote. ROLL CALL: AYES: Councilmen- Atkins, Dennis, Tyrell, Swain NOES: Councilmen - Gillanders Councilman Gillanders objected to the appointment in that Mr. Kelker as a former officer of the Chamber of Commerce would be an inappro- priate candidate as it gives the impression that the Traffic Commis- sion is being packed for the benefit of the business community to the possible detriment of the community at large. Further, the Chamber of Commerce routinely requests functions of the Traffic Commission that are for the sole benefit of the Chamber. Councilman Dennis stated people who are active in various functions in a community are usually candidates with the most potential and if they are willing to serve in several capacities, it is for the better- ment of the community. Council Minutes, June 19, 1985 - Page 6 Councilman Tyrell stated the Traffic Commission makes the recommen- dations to the City Council and the Council makes the decision as to whether or not the requests will be implemented. B. REQUEST TO ATTEND MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM - JULY 11 -13, 1984, MONTEREY Councilman Atkins moved to approve Mayor Swain's attendance at the subject conference and authorized the necessary expenditures, seconded by Councilman Gillanders and unanimously carried. C. SHERIFF'S DEPARTMENT REPORT RE FALSE ALARMS Councilman Dennis stated since the Sheriff's Department was one of the advocates of putting the burglar alarm ordinance in, he had re- quested an activity report from them for the past 12 month period. The report indicated a significant reduction in the number of false alarms. The report was received and filed. D. CLAREMONT McKENNP..COLLEGE Councilman Gillanders referred to an acknowledgment letter from the subject college regarding the study of "The No Property Tax City and Proposition 13" stating the Law Center is enthusiastic about the research project and feels the Council will be pleased with the results. E. OLYMPIC TORCH Councilman Tyrell stated the Olympic Torch Relay will be passing through Temple City on Sunday, July 22, between 12 noon and 4 p.m. The relay route will travel along Rosemead Boulevard south from the City boundary to Las Tunas Drive, and then travel east along Las Tun Drive from Rosemead Boulevard into Arcadia. F. GOLD MINER DAYS - JUNE 30 - JULY 1 Mike Eisner reported on the activities for. Gold Miner Days and hoped the community at large would be participating. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, the meeting adjourned at 9:10 p.rn. Next regular meeting of the City Council will be held on July 3, 1984, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chie Depute City