HomeMy Public PortalAboutCity Council_Minutes_1984-07-03_Regular 19841
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JULY 3, 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, July 3, 1984, in the Council Chamber of
the City Hall.
2. The invocation was given by Reverend Barry Vail, Bethleham Evan-
gelical Lutheran Church, 5419 N. Halifax Road.
3. The Pledge of Allegiance to the Flag was led by Mayor Swain.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Swain
Absent: Councilmen- Gillanders, Tyrell
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Shaw, Julie Estrada, Temple City Times.
Councilman Atkins moved to excuse Councilmen Gillanders and Tyrell
for cause, seconded by Councilman Dennis and unanimously carried.
5. CONSENT CALENDAR:
Mayor Swain requested Item C(5) be removed from the Consent Calen-
dar. On motion by Councilman Atkins, seconded by Councilman Dennis
all other items on the Consent Calendar were unanimously approved
as recommended.
A. APPROVAL OF MINUTES - Regular Meeting of June 19, 1984.
Approved as written.
B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING
OF JUNE 20, 1984: REQUEST FOR USE OF LIVE OAK PARK SHELTER
AREA FOR PANCAKE BREAKFAST ON OCTOBER 28, 1984 FROM TEMPLE
CITY CAMPFIRE GIRLS.
Approved request from Temple City Campfire Girls to use the
Picnic Shelter at Live Oak Park on Sunday, October 28 from
6 a.m. to 1 p.m. to conduct a Pancake Breakfast subject to
the required Certificate of Insurance.
C. RENEWAL OF AGREEMENTS:
(1) CHAMBER OF COMMERCE
Approved renewal of agreement for one year period July 1, 1984,
through June 30, 1985.
(2) PUBLIC RELATIONS COORDINATOR - PATTI BATES
Approved renewal of agreement for one year period July 1, 1984,
through June 30, 1985.
(3) TRAFFIC ENGINEERING SERVICES
Approved renewal of agreement for one year period July 1, 1984,
through June 30, 1985.
(4) L & L LANDSCAPE MAINTENANCE - MEDIAN STRIP MAINTENANCE
Approved renewal of agreement for one year period July 1, 1984,
through June 30, 1985, for maintenance of median strips on
Baldwin Avenue and Sanita Anita Avenue.
Council Minutes, July 3, 1984 - Page 2
(6) AUDITING SERVICES: McGLADREY HENDRICKSON & PULLEN
Approved renewal of agreement for one year period July 1, 1984,
through June 30, 1985, for auditing services and authorized the
City Manager to countersign'letter of agreement.
D. APPROVAL OF AGREEMENTS - FY 1984 -85
(1) AIR CONDITIONING MAINTENANCE SERVICES: AIR -TRO, INC.
Approved agreement with Air -Tro, Inc., for one year period
July 1, 1984, through June 30, 1985, to provide air conditionin
maintenance for City facilities.
(2) L & L LANDSCAPE MAINTENANCE: CRA PARKING LOT MAINTENANCE
Approved agreement with L & L Landscape Maintenance for one
year period July 1, 1984; through. June 30, 1985, for maintenance
of the landscaping surrounding the CRA parking lot.
E. PLANNING COMMISSION ACTION: MEETING OF JUNE 26, 1984
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting held June 26, 1984.
F. RESOLUTION NO. 84- 2283: AUTHORIZING COUNTY TO COLLECT SPECIAL
ASSESSMENT -FEES FOR CITY -WIDE LIGHTING DISTRICT
Adopted Resolution No. 84 -2283 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AUTHORIZING THE ADDITION OF SPECIAL
ASSESSMENT -FEES TO THE TAX BILLS.
G. ORDINANCE NO. 84 -550 (2nd reading) RELATING TO BARKING DOGS
Waived further reading and adopted. 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.
H. .RESOLUTION NO. 84 -2284: REQUESTING ALLOCATION AND PAYMENT OF
COUNTY AID -TO- CITIES.FUNDS
Adopted Resolution No. 84 -2284 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION AND PAYMENT
OF .COUNTY AID -TO- CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYS-
TEM STREETS.
I REPAINTING OF PAVEMENT MARKINGS AND STRIPING - SCHOOLS, SELECT
SYSTEM STREETS, AND MAINTENANCE AREAS 1, 2, 3.
Approved calendar of events; approved specifications for repaint-
ing of pavement markings and striping; and authorized staff to
.advertise for bids.
J CONCRETE CONSTRUCTION PROJECT 83/84 -1: WHEELCHAIR RAMPS, BUS
BENCH PADS, AND SIDEWALK /CURB & GUTTER RECONSTRUCTION
Approved calendar of :events; approved plans and specifications
for Concrete Construction Project 83/84 -1 for various locations
throughout the City.
K RESOLUTION NO. 84 -2285: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 84 -2285 A RESOLUTION OF THE'CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
L. RESOLUTION NO. 84 -2286: WARRANTS AND DEMANDS
Adopted Resolution No. 84 -2286 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY :ALLOWING CLAIMS AND DEMANDS IN THE
SUM OF $253,956.65. DEMAND.NOS. 7963 THRU 8045.
Council Minutes, July 3, 1984 -,Page 3
CONSENT CALENDAR ITEM C (5) RENEWAL 61'`AGREEMENT: YELLOW CAB COMPANY
OF SAN GABRIEL VALLEY FOR DIAL -A -RIDE SERVICES
Mayor Swain expressed concern regarding complaints of inadequate,
late, or improper Dial -A -Ride service. Council agreed to defer
action on the renewal of the agreement until the July 17, 1984,
meeting for benefit of a full Council.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARINGS: 7:30 P.M. - STREET` LIGHTING IMPROVEMENTS
(Pursuant to Chapter 27, Improvement Act of 1911, Streets
and Highways Code)
(1) McCLINTOCK AVENUE, GRAND AVENUE TO FAIRVIEW AVENUE
City Manager Koski presented background information stating City
Council set public hearing for this evening regarding installation
of 4 street lights on marbelite poles with overhead service at
the above named location. All property owners were contacted and
petitions were returned with the required percentage in favor of
the installation. A one -time charge for installation is estimated
at $38.46 per property. The upgrading of lighting will require
annexation into Zone A.of the City -Wide Lighting District, and
property owners are awa''of the difference in rates between
Zone B and Zone A.
Councilman Dennis felt the'residents concerned with tonight's 2
public hearings on street light installations should be aware
of the implications of a proposition on the November ballot which
would impact the City with regard to the lighting district.
At this time City Attorney Martin summarized the dilemma before
the City stating that there is a proposition (Jarvis IV) on the
November ballot of the General Election which, if passed, will
outlaw assessments the City charges to buy the electricity for
street lighting within the City -Wide Lighting District. One re-
sult of the passage would thereby require the refund of lighting
assessment charges being authorized to be placed on the tax bills
under 5 -F of tonight's agenda. An alternative source of revenue
would be to submit a counter- measure, also being considered this
evening, for the November ballot which would, with a 2/3 majority
vote of the electorate, re- authorize the charges this.year and
possibly for a few years to come.
Mayor Swain declared the public hearing open and invited anyone
wishing to speak to come forward.
Victor.Sirna, 4907 McClintock, inquired whether it was only those
lights being considered for installation tonight that would be
turned off as a possible result of the passage of the Jarvis propo-
sition. Mayor Swain responded that all street lighting in the City
was in jeopardy.
Homer Fore, 4954 McClintock, approved of the proposed street lights
and questioned when the installation would take place. City Manager
Koski estimated 30 -45 days if the project was approved.
Councilman Atkins moved to close public hearing, seconded by Council-
man Dennis and unanimously carried.
Councilman Atkins moved to find the project to be in the best public
interest; approve the Negative Declaration of Environmental Impact;
order the construction and instruct the Superintendent of Streets
to cause the work to be accomplished; instruct the Superintendent
of Streets to initiate proceedings to annex the area into Zone A
of the City -Wide Lighting District, seconded by Councilman Dennis
and unanimously carried.
Council Minutes, July 3, 1984 - Page 4
(2) IVAR AVENUE, GARIBALDI AVENUE TO HERMOSA DRIVE
City Manager Koski presented background information stating Council
set public hearing for this evening regarding installation of 4
street lights on marbelite poles with overhead service at the
above named location. All property owners were contacted and
petitions were returned with the required percentage in favor of
the installation. A one -tune charge for installation is estimated
at $26.31 per property.
Mayor Swain declared the public hearing open and invited anyone
wishing to speak to come forward.
Fred Lederer, 6027 Ivar; stated that the one street light in the
middle of his double long block was inadequate and was in favor
of the installation.
Nabil Jacoub, 6036 North Ivar, felt installation should be post-
poned until the outcome of the November election is known; stated
his family is safe with the amount . of lighting now on the street;
there is one light in the middle of the block as on other streets
he has checked; questioned why his street was chosen; and felt
the bedroom at the front of h.is` home would receive excessive light
disturbing sleep, and would like the pole re- positioned.
In response to Mr. Jacoub's concerns, Mayor Swain stated that this
request was before the Council because: residents in the area felt
they wanted the street lighting and circulated a petition obtain-
ing the required number (60% or more) of signatures in support of
the installation. Also, the lights can be shielded so as not to
shine into residences; and the pole would not be directly in front
of his residence but at the property line between he and his
neighbor.
Jerine Kramer, 6031 Ivar, stated she had been the circulator of
the petition and most of the property'owners on the street had
been in favor of the .street light installation project.
Councilman Dennis moved to close public hearing, seconded by
Councilman Atkins, and Unanimously—carried.
Councilman Dennis moved to findthe project to be in-the best
public interest; approve .the Nega.tiveDeclaration of Environmental
Impact; order the construction-and instruct the Superintendent
of Streets to cause the. work . to, be accomplished; seconded by
Councilman Atkins and un.a.nimously. carried.
Councilman Dennis also suggested the possibility of re- locating
the pole by Mr. Jacoub's property while, at the same time, main-
taining engineering recommendations for spacing.
7. NEW BUSINESS:
A. SPECIAL MUNICIPAL ELECTION RELATING TO STREET LIGHTING
ASSESSMENT -FEES
City Manager Koski gave background information stating that, as pre-
viously discussed, the Jarvis proposition on the November ballot con-
tains certain provisions that affect the levying of fees and assess-
ments by cities, In Temple City . the assessments are now $11.50 per
residential parcel per year in Zone A for full street lighting and
$3.50 per residential parcel.'per year in Zone B for intersection
lighting. The City Attorney has studied the proposition and deter-
mined that if the proposition passed, what we currently levy as an
"assessment" could no longer be .levied for maintenance and operation
of the Lighting District. Therefore, it will need to be considered
a "fee" rather than an assessment'; and in order to levy a fee, a
2/3 majority vote in favor of continuing that fee is necessary.
Council Minutes, July 3, 1984 - P ° 5
The Council needs to consider'author,izing a special municipal
election measure to be p'ut'on the November ballot. City Attorney
Martin suggested the following wording for a ballot measure:
"If Proposition No. on this ballot passes, shall the
electorate by a 2/3 majority vote 1) ratify Resolution No. 84 -2281
adopted June 19, 1984, for 1984 -85 assessment -fees for street
lighting so as to permit the retention of the funds to be collected
and 2) extend for 4 more years such charges; at present levels plus
actual energy cost increases ?"
In response to Councilman Dennis' questions, City Attorney Martin
stated that the current assessment would be a fee if the Jarvis
proposition passes, not before; if the assessment becomes a fee,
it might be possible to get State authorization to continue the
collection by means of the tax bills; and that, should a ballot
measure be decided upon, a sample 'ballot would be mailed out with
the argument in favor of the measure. There are provisions in
the law that permit the City Council to authorize the City Attorney
to prepare an impartial analysis; also,argument can be given.by
the City Council which would be open to rebuttal.
Council agreed to defer action to the July 17, 1984, meeting, to
allow the 2 absent Councilmembers opportunity to review this item.
There is adequate time in the procedural calendar to meet the
August 10 deadline for adoption of resolutions 1) calling for a
special Municipal Election and 2) reqq�uesting. the Los Angeles
County Board of Supery #so'n's to con"s'oi'�dkate the Special Municipal
Election with the Statewide ,General Election to be held on Novem-
6, 1984. O,°
8. COMMUNICATIONS:
A. REQUEST FOR TRANSPORTATION FUNDING FOR HANDICAPPED PASADENA
CITY COLLEGE STUDENTS - PROPOSITION A TRANSPORTATION FUNDS.
Council referred request to staff for a report to be .prepared for
the July 17, 1984, meeting.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
A. Marianne Milch, Temple City Chamber of Commerce, stated ,that
at the Chamber's legislative meeting that morning, it was agreed
that the Chamber would sponsor a. meeting .for answering the public's
questions relating to the Jarvis proposition and would coordinate
with the Women's Club to use their facilities.' Since legislative
terminology can .be confusing, and impulsive voting may result, it
is desirable for the residents to be fully informed.
Mayor 'Swain expressed the City's appreciation of the Chamber
Commerce offer of assistance.
B. Fred Lederer, 6027 Ivar, stated that a number of surrounding
cities ban fireworks and felt that fireworks should also be banned
in Temple City and inquired why they were not.
Mayor Swain responded that the City Council can decide whether or
not to allow fireworks in the City, and that citizen pressure is
a method of effecting change.
C. Colleen Gallego, 9256 Pentland, stated that she lives by La Rosa
School playground where young people bring what she thinks are
illegal fireworks, and, fearing for the safety of her home, agrees
that fireworks should be banned in Temple City.
D. Jim Roth, 5822 N. Sultana, representative for the Sultana
neighborhood concerned with the Edward's Theater parking problem,
inquired as to the outcome of the previous meetings scheduled to
be held with the City Council and also with Edward's Theater repre-
sentatives.
Council Minutes, July 3, 1984 - Page 6
Mayor Swain stated that a meeting had been held that afternoon
with Mr. Edwards; that he is pursuing various possibilities t'o
alleviate the parking problem, i.e. development of additional
parking in the area and the monitoring of entrances and exits
during heavy attendance periods by re- directing parking away
from the residential neighborhood. Also, the Traffic Commission
is beginning an in -depth study of the parking situation starting
with their regular meeting of July 5; 1984, at which time residents
in the area are invited to speak to the . issue and have been
noticed of the date and time.
E. Tom Thaxter, 9025 E. Hermosa Drive, inquired which Mr. Edwards
the City had been in contact with; if there were additional possi-
bilities for Traffic Commission review ;land what the procedure will
be after the Traffic Commission study.
Mayor Swain stated the City staff and Council had had direct con-
tact with both James Edwards Jr. and Sr. Following Traffic Com-
mission study of possibilities and, perhaps, public hearing, the
Traffic Commission would ultimately make a recommendation to the
City Council.
City Manager Koski stated the list of possibilities include those
offered by Mr. Roth at a previous Council meeting, those mentioned
this evening by Mayor Swain, and any others the residents themselves
present at the July 5, 1984, Traffic Commission meeting.
Councilman Dennis stated he would have preferred to have the Council
address the issues rather than referring the matter back to the
Traffic Commission.
F. Margaret Sand, 5600 N. Sultana, expressed concern that re-
directing parking of Edward's Theater patrons might only move the
problem to her block; she also felt the intersection of Las Tunas
and Sultana was dangerous.
Mayor Swain assured Ms. Sand that her concerns would be addressed
in the Traffic Commission study.
Ms. Sand inquired as to the status of the Church at 5561 Sultana
stating that although it had been somewhat cleaned up, nothing
had been done about the weeds.
Planning Director Shaw reported that the property is under code
enforcement and the owner has been notified to abate the problem;
the owner has indicated his willingness to cooperate; and the
Planning Department will continue to monitor the progress.
RECESS TO CRA:
At this time, Council recessed to meet as the Community Redevelopment
Agency; approved the minutes of the regular meeting of June 19, 1984;
deferred action on a sign request from Elliott's Freefall to a later
date after applicant has had opportunity to discuss sign options with
the Planning staff; approved agreement with McGladrey, Hendrickson &
Pullen for financial services; and :adopted Resolution approving warrants
and demands.- The minutes are set • forth in full in the records of the
Agency.
RECONVENE AS CITY COUNCIL:
10. ACTION ON REQUEST BY CRA:
There was no action to be taken.
11. MATTERS FROM CITY OFFICIALS:
A. WAIVER OF PERMIT - OLYMPIC TORCH RELAY
City Manager Koski presented a request for Waiver of Permit for the
Olympic Torch Relay that will be going through Temple City on Sunday
afternoon, July 22, stating that normally a parade permit would be
required; however, the relay is being coordinated with the Sheriff's
Department and it is recommended that the formality of a permit be
waived.
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Council Minutes, July 3, 1984 - Page 7
Councilman Atkins moved to authorize` the City Manager to sign
the Waiver of Permit for the July 22, 1984, Olympic Torch Relay
through Temple City subject to the approved Certificate of In-
surance, seconded by Councilman Dennis and unanimously carried.
B. COMMISSIONER ABSENCE
At Councilman Atkin's request, Council concurred that Commissioner
Froehle's absence from 3 upcoming Planning Commission meetings
due to assignment of law enforcement duty be excused.
C. 4 -WAY STOP - GOLDEN WEST AVENUE AND BROADWAY
Councilman Atkins stated that he felt the ultimate solution to
the visibility problem at the above intersection, contributed
to by a slight curve on Broadway, would be the implementation
of a 4 -way stop.
Councilman Atkins moved to approve implementation of a 4 -way
stop at the intersection of Golden West Avenue and Broadway and
referred the matter to the Traffic Commission for recommendation
on removal of unnecessary red curbing and review of the proposed
improvement to ascertain whether there are any other regulatory
provisions required, seconded by Councilman Dennis and unanimously
carried.
D. PROCLAMATION.- NATIONAL POW /MIA DAY
Mayor Swain presented a letter from`the Veteran's Administration
stating that the President of the United States had declared
July 20, 1984, as National POW /MIA Day and is requesting that
the City do the same. The Council agreed that a proclamation
be prepared designating July 20, 1984, as National POW /MIA Day.
12. ADJOURNMENT:
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On motion by Councilman Dennis, seconded by Councilman Atkins,
the meeting adjourned at 8:45 p.m. Next regular meeting of the
City Council will be held Tuesday, July 17, 1984, 7:30 p.m. in
the Council Chamber of the City Hall.
ATTEST: