HomeMy Public PortalAboutCity Council_Minutes_1985-05-07_Regular 1985CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
MAY 7, 1985
IIINITIATION:
. CALL TO ORDER:
Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m. on
Tuesday, May 7, 1985 in the Council Chamber of the City Hall.
2. The invocation was given by Reverend Ted Hartman of the First Lutheran Church, 9123
Broadway.
3. The Pledge of Allegiance to the Flag was led by Mayor Dennis.
4. ROLL CALL:
Present: Councilmen - Atkins, Swain, Tyrell, Dennis °,,
Absent: Councilmen - Gillanders
Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks
and Recreation Director Kobett, Public Works Coordinator Peterson and
Judy Cook of the Temple City Times.
Councilman Tyrell moved to excuse Councilman Gillanders for cause, seconded by Coun-
cilman Atkins and unanimously carried.
5. CONSENT CALENDAR:
On motion by Councilman Atkins, seconded by Councilman Swain, Items A through M on
the Consent Calendar were approved as recommended.
A. APPROVAL OF MINUTES - Regular Meeting of April 16, 1985
Approved as written.
B. RECOMMENDATION FROM TEMPLE CITY A.Y.S.O. FOR RESERVED USE OF CRAFT ROOM AT LIVE
OAK PARK, SATURDAY, JUNE 8, 1985, FOR REGISTRATION
Council approved use of the Craft Room at Live Oak Park by Temple City A.Y.S.O.
on Saturday, June 8, 1985, for registration subject to the usual insurance re-
quirements, adherence to all rules and regulations and payment of the required
personnel coverage fee.
C. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF APRIL 24, 1985
(1) PROPERTY NUISANCE CASE NO. 85-130: 5942 MUSCATEL AVENUE
Council approved termination of property nuisance case at 5942 Muscatel
Avenue due to appropriate and timely manner of abatement.
(2) PROPERTY NUISANCE CASE NO. 85 -132: 6128 MUSCATEL AVENUE
Council adopted Resolution No. 85 -2356, a Resolution of the City of Temple
City declaring certain premises to be a public nuisance and ordering abate
ment thereof.
(3) PROPERTY NUISANCE CASE NO. 85 -133: 5562 WELLAND AVENUE
Council adopted Resolution No. 85 -2357, a Resolution of the City of Temple
City declaring certain premises to be a public nuisance and ordering abate-
ment.
(4) SET PUBLIC HEARING: AMENDMENT TO TEMPLE CITY ZONING CODE ADDING REGULATIONS
PERTAINING TO PLACEMENT AND INSTALLATION OF SATELLITE DISH ANTENNAS
Council set public hearing for May 21, 1985 to discuss an interim amendment
to the Temple City Zoning Code adding regulations pertaining to the location,
screening and appearance of satellite receiving dishes.
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(5) PLANNING COMMISSION ACTION
Council received and filed memo from the Planning Commission relating to
action taken at their regular meeting of April 23, 1985.
D. SET PUBLIC HEARING: ASSESSMENTS FOR STREET IMPROVEMENTS - GREEN STREET, GOLDEN
WEST AVENUE, LEMON AVENUE - CURB ..& GUTTER PROJECT 84/85 -1, GABI CONSTRUCTION CO.,
INC. (Pursuant to Chapter 27, Improvement Act of 1911, Streets & Highways Code)
Council accepted work performed; authorized payment in the amount of $5,009.62;
authorized filing Notice of Completion and release of 10% retention at end of
35 -day lien period; and set public hearing for May 21, 1985 to approve assessme
E. ACCEPTANCE OF WORK (TRAFFIC OPERATIONS, INC.) - REPAINTING OF PAVEMENT MARKINGS
AND STRIPING, SCHOOL MARKINGS, SELECT SYSTEM STREETS, MAINTENANCE AREAS 1, 2 & 3
Council accepted work performed; authorized payment in the amount of $557.11;
and authorized filing Notice of Completion and release of 10% retention at end of
35 -day lien period.
F. REQUEST FOR RATE INCREASE FOR RUBBISH COLLECTION - COMMUNITY DISPOSAL COMPANY
Council approved an additional monthly rate increase for rubbish collection for
single family residences to $7.15 per month and $3.40 for each additional unit,
and for multiple units an increase to $7.15 for the first unit and $3.55 for each
additional unit effective July 1, 1985. These increases reflect a 4.65% rise in
cost. The Mayor and City Clerk were authorized to sign the agreement.
G. RENEWAL AGREEMENT - REQUEST FOR RATE INCREASE FOR STREET SWEEPING - COMMUNITY
DISPOSAL COMPANY
Council approved extension of contract to June 30, 1986 and approved an additional
monthly rate increase of $.38 per broom mile for street sweeping for a total of
$8.48 effective July 1, 1985; and authorized the Mayor and City Clerk to sign
agreement.
H. SET PUBLIC HEARING: ASSESSMENT FOR SIDEWALK IMPROVEMENTS - EAST SIDE OF SULTANA
AVENUE, BETWEEN LAS TUNAS AND BROADWAY (Pursuant to Chapter 27, Improvement Act
of 1911, Streets and Highways Code)
Council approved work performed by Damon Construction Co.; authorized payment in
the amount of $7,951.11; authorized filing Notice of Completion and release of 10%
retention at end of 35 -day lien period; and set public hearing for assessment
costs for May 21, 1.985.
I. RESOLUTION NO. 85 -2355: ORDERING ENGINEER'S REPORT, FY 1985 -86 LEVY FOR CITY-
WIDE LIGHTING DISTRICT
Council adopted Resolution No. 85-2355 ordering the Engineer's Report for.the
1985 -86 levy for the City -Wide Lighting District.
J. REQUEST FOR APPROVAL OF PROGRESS PAYMENT #4 CDBG - JOBS BILL PROJECT NO. JB 751 -
RECONSTRUCTION OF CURB, GUTTER AND SIDEWALKS IN VICINITY OF HERMOSA, MYDA, SULTANA,
HART, LOMA AND ENCINITA
Council approved work performed; authorized payment in the amount of $11,283.57 to
Frontier Concrete Construction Company; and authorized filing Notice of Complet'
and release of 10% retention at end of 35 -day lien period.
K. MISCELLANEOUS CONCRETE REPAIR 84/85 -2 DAMON CONSTRUCTION
Council approved work performed; authorized payment in the amount of $22,549.80
to Damon Construction Co.; and authorized filing Notice of Completion and payment
of 10% retention at end of 35 -day lien period.
L. RESOLUTION NO. 85-2352: EMPLOYMENT OF PERSONNEL (Budgeted)
Council adopted Resolution No. 85 -2352, a Resolution of the City of Temple City
appointing budgeted personnel.
Council Minutes, May 7, 1985 - Page 3
M. RESOLUTION NO. 85 -2354: WARRANTS AND DEMANDS
Council adopted Resolution No. 85 -2354, a Resolution of the City of Temple City
allowing claims and demands in the sum of $563,086.54. -,
6. UNFINISHED BUSINESS:
A. APPLICATION FOR FIREWORKS STAND, 1985 (CITY OF HOPE - Continued from April 16,
1985 meeting)
City Manager Koski advised Council that a letter from Millie Costa, Fireworks
Chairman for the City of Hope, had been received listing the names of the volun-
teers working in the City of Hope fireworks stand. The letter also outlined the
sales agreement which the City of Hope holds with Larry Cude, their Red Devil
Fireworks salesman.
John Muha, 6120 Kauffman'Avenue,.president'of the Temple City Lions Club, com-
plained that the City of Hope sold their fireworks at a price substantially lower
than the suggested retail price.. He said that Mr. Cude was able to do this be-
cause of his many locations within the City. The Lions Club does not feel that
this is fair as it makes it more difficult for the club to make a profit on this
fund - raising event. Mr. Muha reminded the City Council of the fact that the Lions
Club does put money back into the community and depends upon their fund - raisers
to make their contributions. Mr. Muha complained that the visibility of their
stand was obstructed by a large U -Haul which was parked close by. He also accused
the operators of the City of Hope stand of parking several vehicles so as to use
up spaces which would have been available for patrons of the Lions Club stand.
Mayor Dennis conveyed to Mr. Muha.the City's appreciation for all the contribu-
tions made by the Lions Club, but advised Mr. Muha that the Council is approving
applications of .individual'groups for the fireworks booths and cannot rectify a
situation or situations which occurred last year.. Mr. Muha was advised to call
the City Hall if .there are any problems this year.
B. PUBLIC HEARING: 7:30 P.M: STREET IMPROVEMENTS - 5752 - 5762 LOMA AVENUE BETWEEN
BIDWELL & LAS TUNAS (Pursuant to Chapter 27, Improvement' Act of 1911, Streets and
Highways Code)
City Manager Koski reviewed background information stating that, since street
improvements are to be made on Loma, the three residents on the block who do not
have curbs and gutters have requested.that they be installed, and residents of
5752, 5756 and 5762 Loma have been advised of the public hearing: Cost of curb and
gutter improvements will be shared on a.50 -50 basis between the City and residents.
Mayor Dennis declared the public hearing open and invited anyone wishing to speak
to come forward.
There being no one wishing to address Council, Councilman Tyrell moved to close
the public hearing, seconded by Councilman Atkins and unanimously carried.
Councilman Atkins moved to certify the Negative Declaration of Environmental Impact
and instruct the Superintendent of Streets to cause work to be done, seconded by
Councilman Tyrell and unanimously carried.
C. PUBLIC HEARING: 7:30 P.M. APPROVAL OF PARCEL MAP 16966 LOCATED AT 6329 SULTANA
AVENUE, OWNER/APPLICANT: RON OWEN
City Manager Koski stated that the Planning Commission on April 9, 1985 unani-
mously approved a recommendation that City Council approve a request for parcel
map located at 6329 Sultana to subdivide the subject property into two lots.
Planning Commission approved a request for zone variance to reduce the required
lot frontage from 60 feet to 55 feet and to reduce the required lot area from
7,200 square feet to 6,600 square feet. The applicant will remodel the existing
one -story residence and construct a new residence on a new lot. A Negative Dec-
laration of Environmental Impact has been filed for this project.
Mayor Dennis declared the public hearing open and invited anyone wishing to speak
to come forward.
There being no one wishing to address Council, Councilman Tyrell moved to close
the public hearing, seconded by Councilman Atkins and unanimously carried.
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Council Minutes, May 7, 1985 - Page 4
Councilman Atkins moved to certify the Negative Declaration of Environmental
Impact, seconded by Councilman Swain and unanimously carried.
Councilman Atkins moved to approve Parcel Map 16966 located at 6329 Sultana
Avenue, seconded by Councilman Swain and unanimously carried.
D PUBLIC HEARING: 7:30 P.M. PROPOSED AMENDMENT TO TEMPLE CITY MUNICIPAL CODE ADD-
ING REGULATIONS TO REQUIRE THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS
IN GARAGES WITH LIVING QUARTERS ABOVE THEM
City Manager Koski stated that on April 9, 1985 Planning Commission approved a
recommendation that City Council approve an amendment to the Temple City Munici
Code adding regulations to require the installation of automatic fire sprinkler
systems in garages of duplexes and apartment residential units where living quar-
ters are located directly above garages. A Negative Declaration of Environmental
Impact has been prepared indicating that the proposed ordinance amendment will not
have a significant impact upon the environment.
Councilman Atkins expressed a concern in having a concise and simplified set of
standard requirements for fire sprinklers, which would,,be made available through
the City to anyone affected by the ordinance. Planning Director Shaw stated
that at the present time there is no prepared set of guidelines, but that he
would develop it prior to effective date of Ordinance .
Mayor Dennis declared the public hearing open and invited anyone wishing to speak
to come forward.
There being no one wishing to address Council, Councilman Swain moved to close
the public hearing, seconded by Councilman Tyrell and unanimously carried.
Councilman Swain moved to certify the Negative Declaration of Environmental Impact,
seconded by Councilman Atkins and unanimously carried.
City Attorney Martin introduced Ordinance No. 85 -561, an Ordinance of the City
Council of the City of Temple City adding Section 7109 to the Temple City Munic
pal Code amending Section of the Los Angeles County Building Code as it pertain
to automatic fire sprinklers in garages for first reading by title only. Council-
man Atkins moved to waive further reading, seconded by Councilman Swain and unani-
mously carried.
E. UTILIZATION OF PROPOSITION "A" FUNDS - RESALE OF SCRTD BUS PASSES
City Manager Koski reviewed background information stating that a study session
was held with the City Council at which various alternatives available to the City
regarding the use of :Proposition "A" funds were reviewed. It was discussed that
a very realistic way in which to use these funds would be to assist in maintaining
the fare at the present.rate through a subsidy program for those who purchase the
monthly bus passes. A chart showing the current fare structure and adopted fare
structure which will take effect July 1, 1985 was distributed to the Council mem-
bers. Mr. Koski stated that effective July 1, 1985, the distribution formula for
Proposition "A" funds will change. The cities will continue to receive 25 %; how-
ever, Southern California Rapid Transit District's share will go down from 75% to
45 %. In response 'to this'reduction of funds, the SCRTD,has raised the basic fare
from 50et to.85it effective the 1st of July. According to SCRTD an average of 402
monthly bus passes'are sold at.the Auto Club in Temple City. Under the resale
program, bus passes for adults and students would be purchased by the City at the
regular rate and then resold through the Parks & Recreation Department to Templ
City residents at the current lower price. Press releases and announcements on
,Cable Channel. 55 would be utilized in order to make the community aware of this
special service.
Virgil Graff, 6118 Primrose Avenue, strongly encouraged the publicity of this
special offer from the City to its residents, especially encouraging effort to
reach the students in the community.
Councilman Tyrell moved to approve the resale of SCRTD bus passes in order to
utilize Proposition "A" funds, seconded by Councilman Atkins and unanimously
carried.
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7. NEW BUSINESS:
None
8. COMMUNICATIONS:
NOTICE OF TERMINATION: .COUNTY AGREEMENT NO. 3071
City Manager Koski advised Council of the receipt of a letter dated April 30, 1985
from the County of Los Angeles advising the City of the termination of contract
emergency ambulance services effective midnight, June 30, 1985. Council, referred
matter to staff for report.
9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Larry Cude, 9923 East Live Oak Avenue, sales representative for Red Devil Fireworks,
spoke in rebuttal to Mr. Muha's comments concerning the application of the City of
Hope for a fireworks stand. Mr. Cude stated that the sale of fireworks is not a
charitable venture - - it is a business. He was disappointed with the Lions Club
calling the Sheriff's Department about another charitable organization accusing them
of something they didn't do. He also wanted to point out that there were several
trucks parked in the area of the fireworks location even tonight and feels this is
a common scene in the area.
Mayor Dennis disagreed with Mr. Cude in that the charitable organizations look upon
the sale of fireworks as a charitable venture and not a business, so for them it is
not a business.
Phyllis Torres, 9565 Daines Drive, stated that, while her husband was operating the
City of Hope booth last year, someone from the Lion's Club threatened to "torch" it.
This incident was reported by Mrs. Torres to the City Hall and the Sheriff's Depart-
ment. Another accusation made by Mrs. Torres was that there appeared to be consump-
tion of alcoholic beverages by persons working in the Lion's Club fireworks booth.
Councilman Tyrell suggested that a restriction against any alcoholic beverage being
present in the fireworks stands should be made a part of the ordinance covering
fireworks stands. Mayor Dennis agreed that the ordinance should be revised.
RECESS TO CRA:
At this time, Council recessed to meet as the Community Redevelopment Agency; approved
the Minutes of the regular meeting of April 16, 1985; approved payment of $135,303.74 on
behalf of the City for rent obligation; accepted the report on the assessment district
within Rosemead Boulevard Redevelopment Project Area and adopted Resolution No. CRA 238
approving report and ordering report filed with City Council; approved conceptual develop-
ment plan for Block "A" of Rosemead Boulevard Redevelopment Project; made determination to
acquire five parcels of land within Project Area; authorized staff to proceed with appraisal
of land identified as Parcels 1, 2 and 5 and issue preliminary acquisition notices; and
adopted Resolution No. CRA 239 approving warrants and demands. The Minutes are set forth
in full in the records of the Agency.
RECONVENE AS CITY COUNCIL:
III 0. ACTION ON REQUEST BY CRA:
A. RESOLUTION NO. 85 -2353: LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PRO-
PERTIES WITHIN_THE_ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA
City Manager Koski stated that pursuant to CRA Resolution No. 238 and the levying
of special assessments for certain benefit properties within the Rosemead Rede-
velopment Project. Area, the Temple City Community Redevelopment Agency is required
to annually order filed with the City Council a report relating to indebtedness
of the Agency and its tax revenues allocated to pay incurred indebtedness within
the project area. A report was prepared by special counsel Parrington on the
assessment district within the project area pursuant to the authorization of Health
and Safety Code Section 333837 for the fiscal year 1985 -86, which Code Section
provides a special assessment for the area known as Temple City Shopping Center.
These assessments are necessary to pay the indebtedness of the Temple City Redevel-
opment Agency which was incurred to carry out the development of the shopping cen-
ter and for which the Agency would not have other available funds. The Agency
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recommends that the levy of $170,062.00 be made for the fiscal year 1985 -86.
Notices for the special assessments have been sent to all affected property owners.
Councilman Atkins moved to adopt Resolution No. 85 -2353, a Resolution of the City
Council of the City of Temple City levying special assessments for certain bene-
fited properties within the Rosemead Boulevard Redevelopment Project Area, secon-
ded by Councilman Swain and unanimously carried.
11 MATTERS FROM CITY OFFICIALS:
A BUDGET ADJUSTMENT RE: 1984 -85 ELECTIONS
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City Manager Koski stated that the costs for the November 6, 1984 election was
$10,585 and for the March 26, 1985 Special Election was $16,553, leaving a deficit
balance in the election account of $8,938. Additional funds were needed to be
appropriated to the election account and adopted budget be amended.
Councilman Tyrell moved to appropriate an additional $8,938 to the election account
and that the adopted budget be amended accordingly, seconded by Councilman Atkins
and unanimously carried.
B. REQUEST FOR LEAVE OF ABSENCE FROM KELLY O'BRIEN, SENIOR STENO
City Manager Koski advised Council that a written request for a maternity leave
of absence from July 15 to October 4, 1985 for a total of 59 working days had
been received from senior steno, Kelly O'Brien.
Councilman Tyrell moved to authorize a maternity leave of absence without pay for
Kelly O'Brien from July 15 to October 4, 1985, seconded by Councilman Swain and
unanimously carried.
C. DONATION TO ANIMAL CONTROL DEPARTMENT FROM MADELINE JACOBS
City Manager Koski advised Council that a $50 donation had been made by Mrs.
Madeline Jacobs in appreciation of the City's efforts in regard to animal' cont
services. Mrs. Jacobs has been making contributions to the City for several years.
Councilman Tyrell moved to accept with appreciation Madeline Jacobs' donation of
$50 to be used for Animal Control and requested that a letter of appreciation be
sent to Mrs. Jacobs,. seconded by Councilman Atkins and unanimously carried.
D. SAN GABRIEL VALLEY ASSOCIATION OF CITIES MEETING, MAY 16, 1985
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Councilman Atkins reminded Council of the up- coming meeting of the San Gabriel
Valley Association of Cities where Professor Rodney Smith, Associate Professor of
Economics of Claremont McKenna College will be discussing the Claremont McKenna
Report.
E. PROCLAMATION - HIRE -A- VETERAN WEEK, May 6 - 10, 1985
Mayor Dennis read a Proclamation in honor of the more than thirty million living
veterans of America's military. Mr. David Acevedo, representing the veterans,
accepted the Proclamation and expressed his appreciation for the concern shown
by the City of Temple City by proclaiming the week of May 6 to 10, 1985 as Hire -
A- Veteran Week.
12. ADJOURNMENT TO CLOSED. SESSION.
On motion by Councilman Swain, seconded by Councilman Tyrell and. unanimously carrie ,
the meeting adjourned at 8:.35 p.m. to a closed session, pursuant to Section 54956.9
of the Government Code, regarding pending litigation in the North Meeting Room.
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Council Minutes, May 7, 1985 - Page 7
City officials in attendance were:
Councilmen- Atkins, Swain, Tyrell, Dennis
(Due to illness, Councilman Gillanders was absent.)
Planning Commissioners- Abraham, Breazeal, Coolman, Stacy, Froehle; City Attorney
Martin, City Manager Koski and Planning Director Shaw. Also present was attorney
Barbosa.
I e purpose of the closed session was to review the complaint of TOWN & COUNTRY, INC. vs.
TY OF TEMPLE CITY et al, Case No. NEC 42396, which listed as defendants all members of
e City Council, all members of the Planning Commission, City Manager and Planning Director.
RECONVENED TO REGULAR MEETING:
Councilman Tyrell moved to retain City Attorney Martin as counsel for the defense of those
defendants pertaining to the City of Temple City; to retain Special Counsel Barbosa as
necessary; and requested that a memo outlining the proposed costs involved be submitted,
seconded by Councilman Atkins and unanimously carried.
On motion by Councilman Tyrell, seconded by Councilman Swain, the closed session adjourned
at 10:15 p.m. The next regular meeting of the City Council will be held Tuesday, May 21,
1985 at 7:30 p.m. in the Council Chamber.
TEST:
Chief Deput City.Clerk
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