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HomeMy Public PortalAboutCity Council_Minutes_1989-03-21_Regular 19891 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MARCH 21, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on March 17, 1989, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, March 21, 1989. Before proceeding with the meeting, Mayor Swain told those present that Marie Corrigan's father -in -law passed away and on behalf of the Council extended wishes of sympathy to the fam- ily. 2. The .invocation was given by Sr. Pastor Doug Beyer, First Bap- tist Church, 6019 North Baldwin Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Gillanders and Swain Absent: None Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson, Pub- lic Works Coordinator Peterson, Temple City Times Staff Writer Estrada and Pacesetter Staff Writer Holtzclaw. 5. CONSENT CALENDAR: Councilman Atkins requested Item B be removed from the Consent Calendar and, together with Councilman Breazeal, requested Items E and H be removed. On motion by Councilman Atkins, seconded by Councilman Froehle, the remainder of the Consent Calendar was approved as presented. A. APPROVAL OF MINUTES - Regular Meeting of March 7, 1989. Council Approved as written, with Councilman Froehle abstaning. City Council Minutes, March 21, 1989 - Page 2 C. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING OF MARCH 15, 1989 - REQUEST FOR USE OF LIVE OAK PARK GRASS FACILITIES FOR THE TEMPLE CITY YOUTH VOLLEYBALL ASSOCIA- TION - Council approved use of the grass area north of the park- ing lot at Live Oak Park on April 1, 1989, from 9:00 A.M. to 3:00 P.M. by the Temple City Youth Volleyball Associa- tion to conduct registration. This approval is subject to the required certificate of insurance and adherence to es- tablished rules for use of the park facilities. D. TEMPORARY BANNER REQUEST: ST. LUKES CATHOLIC CHURCH AN- NUAL FIESTA APRIL 21 -23, 1989 - Council approved the placement of a temporary banner across the intersection of Las Tunas Drive and Temple City Boulevard from March 27, through April 24, 1989 as re- quested by St. Lukes Catholic Church. Said approval is subject to the required certificate of insurance. F. COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT (CDBG) 1989 -90 Council approved the execution of Community Development Block Grant contract with the Los Angeles County Community Development Commission. G. FINAL MAP APPROVAL: TRACT MAP NO. 43136, NORTHEAST CORNER OF LOWER AZUSA ROAD AND GOLDEN WEST AVENUE - (WESTCO, INC.) To the extent consistent with the Tentative Map, Final Tract Map No. 43136 was approved and the Council accepted easements and dedications, made findings as enumerated in County of Los Angeles, Department of Public Works' letter dated March 15, 1989, approved and accepted work agree- ments and improvement securities and instructed the City Clerk to endorse on the face of the map of Tract Map No. 43136, the certificate that embodies the approval of said map and the acceptance of any dedication shown thereon. (Note: After the meeting, staff ascertained that the Final Map was not consistent with the Tentative and a new map will be submitted.) I. RESOLUTION NO. 89 -2846: APPOINTMENT OF PERSONNEL - Council adopted Resolution No. 89 -2846 approving the em- ployment of budgeted personnel. 1 1 1 1 City Council Minutes, March 21, 1989 - Page 3 J. RESOLUTION NO. 89 -2847: APPROVAL OF PAYMENT OF BILLS -° Council adopted Resolution No. 89 -2847 allowing claims and demands in the amount of $92,903.00. B. OFFER OF DONATION FROM LIONS CLUB OF TEMPLE CITY - Councilman Atkins noted the contribution from the Lions Club of $200 for the Parks & Recreation Department Easter Egg Hunt on March 25, 1989. Councilman Atkins thanked the Club not only for the donation of funds but for their par- ticipation in this event and suggested a letter to this effect be sent to the Lions Club. Councilman Atkins then moved to approve acceptance of this donation, seconded by Councilman Gillanders and unanimously carried. E. EXTRAORDINARY REPAIRS TO TRAFFIC SIGNAL SYSTEM - Council discussed this item at great length and asked many questions. They inquired as to whether this ant damage was done at an upgraded signal or was the wiring old. They also asked about special coating for the wires. Council also questioned if any thought had been given to spraying with insect repellent or ant poison. One Council member asked if inspection of the pull boxes is part of the serv- ice contract and, along these same lines, discussed the desirability of exploring preventative measures to allevi- ate this problem in the future. Several Council members favored staff's solicitation of bids in an effort to ob- tain a preventative program. William C. Sondergard, President & General Manager, Signal Maintenance Inc., in answer to the many questions from Council, stated that this problem is not indigenous to Temple City. It is a problem that occurs everywhere and is difficult to control. As far as the damaged wires in this case, he felt they were there for some time. Reply- ing to the preventative spraying with repellent or poison, Mr. Sondergard said this option is available to the City; however, with ants you usually never know they are there until the damage is done. Mr. Sondergard suggested that if they do get a preventative program, as part of this program they should include conditions found. He also ex- pressed concern over the type of spray or repellent that would be used and how long the material would remain toxic. Councilman Breazeal moved to appropriate $22,142.19 for traffic signal rewiring due to ant damage, amend the adopted 1988 -89 budget accordingly, and instruct staff to solicit bids for some type of preventative program; sec- onded by Councilman Atkins and unanimously carried. City Council Minutes, March 21, 1989 - Page 4 H. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF MARCH 14, 1989 - Councilmen Atkins and Breazeal questioned item 3, Parcel Map No. 20197, Conditional Use Permit No. 88 -956 and Zone Variance No. 89- 978,located at 8853 Elm, of the Planning Commission Actions from their March 14, 1989 meeting. The zone variance is requested to locate the garage structures of this three -unit condominium project within 5' of the property line and it was asked whether this was approved because it already exists. Councilman Atkins also wanted to know if any of the neighbors had a problem with this development. Councilman Gillanders asked what criteria was being used for restrictions on driveways to serve subterranean park- ing. He stated he could not find anyone who feels subter- ranean driveways are safe. Community Development Dawson said the variance was granted because they are dealing with a 50' wide lot. He then showed a slide of the proposed development to be located at 8853 Elm (across from the CRA). Answering Councilman Atkins, Mr. Dawson stated there was one neighbor who ex- pressed concern but it was in regard to the rear yard set- back. Mr. Dawson stated the zoning is R -3 and the proposed development meets all the setback requirements for two -story structures with the exception of the garages. Councilman Breazeal referred to another case where the Planning Commission denied a similar variance request and asked what unique circumstances are involved with this case that were not applicable to the previously denied case. Councilman Breazeal moved to appeal Planning Commission's approval of Parcel Map No. 20197, Conditional Use Permit No. 88 -956 and Zone Variance 89 -978 for previously stated reasons; seconded by Councilman Gillanders and unanimously carried. 6. UNFINISHED BUSINESS: A. ACCEPTANCE OF BID: PROJECT 88 -5, MISCELLANEOUS CONCRETE REPAIR - Providing background information, City Manager Koski stated that Council at their regular meeting of February 7, 1989, approved solicitation of bids for the above -ref- erenced project. Eight bids were received and opened by 1 1 1 1 City Council Minutes, March 21, 1989 - Page 5 the City Clerk on Tuesday, March 7, 1989 at 2:00 P.M. The apparent low bidder is Raymor Electric Co. of San Gabriel, with a submitted bid in the amount of $39,853.00. In re- viewing the bids, the City Engineer determined that Raymor Electric should not be awarded the contract because of failure to perform satisfactorily on previous contracts with the Cities of Duarte and San Gabriel. This decision has been reviewed with City Attorney Martin and Dwight French, the City's engineer on this case, and it is felt from the information received there is justifiable evi- dence to award the contract to the most dependable bidder. Raymor Electric has been notified in writing that the City staff intends to recommend the contract not be awarded to Raymor. If they so desire, they may address the City Coun- cil at this hearing. A point of order was requested by Councilman Gillanders. He questioned why Council just received a letter concern- ing this case rather than in their packets. It is his opinion that any document concerning a case on the Agenda should not be given to Council at the last minute but should have been in their possession long enough before the case to allow them time to adequately assess the in- formation. He did not feel this was a legitimate letter and would not read it. Councilmen Atkins and Breazeal concurred. City Attorney Martin confirmed the low bidder, Raymor Electric, is entitled to due process and should be heard. Raymond Morales, President, Raymor Electric, addressed Council and stated the letter referred to by Councilman Gillanders was hand delivered to City Hall on March 15th and discussed with staff at that time. On this same date, references were furnished to the City on projects completed in the last two years. Angus O'Brien, Vice President, Raymor Electric, informed Council that the San Gabriel contract was for traffic sig- nal modification. He has reviewed the notes and minutes documented by the City of San Gabriel and no where is there any statement made concerning workmanship, and this is the basis the City Engineer is using to not award this bid to Raymor. The other project mentioned was a gutter and sidewalk job for the City of Duarte. Mr. O'Brien stated he talked with the Assistant City Engineer for the City of Duarte and was told Raymor's work was decent. Mr. O'Brien expressed his concern about the City of Temple City not accepting their bid. They have been in this area for 25 years. City Council Minutes, March 21, 1989 - Page 6 Councilman Atkins and Mayor Swain inquired as to whether Mr. Morales had seen the letter City Engineer Dwight French sent to Public Works Director Peterson and Mr. Mo- rales said he had not. Public Works Coordinator Peterson said he met with Mr. Mo- rales on March 15th, after which meeting he informed the City Clerk's office that Raymor Electric would speak at the Council meeting. The City Engineer was then requested to check out the references given by Raymor. Regarding the letter submitted to Council this evening, it was mis- placed and did not get into the Council packets. Raymond C. Morales, Raymor Electric Co., Inc. 315 S. San Gabriel Blvd., San Gabriel, briefed Council on the many projects they had been awarded. He also stressed to Coun- cil that when there were problems on a job it was a prob- lem with supplies and materials not arriving on schedule, it was never a problem of workmanship. He explained the length of time Raymor has been involved in public work do- ing street light and traffic signal as well as concrete projects. In answer to inquiry from Mayor Swain, Mr. Mo- rales stated that Raymor has been involved in concrete work for 15 years. Councilman Froehle, noting that some of the problems have been with the availability of electrical related supplies, asked Mr. Morales if, after checking the references, they experienced any problems with the concrete projects. In reply, Mr. Morales invited Council to check the references and they would receive a good -to- excellent rating. Dwight F. French, 706 N. Diamond Bar Blvd., Diamond Bar, confirmed that he did write the memo and did recommend not awarding this contract to Raymor because of performance. A few of the Councilmen have been upset in the past because there was talk of quality instead of performance. He checked with people he knew and had confidence in, and the fact is Raymor has had trouble with performance and commitment. At Public Works Coordinator Peterson's re- quest, he checked the references provided by Raymor and found as follows: City of Rancho Palos Verdes indicated supervision was required at -the beginning as well as con- trol to follow specs. After getting started and as the job progressed the work was very good. Rancho Cucamonga expressed similar statements regarding start -up and sched- uling; however, the work was good and they would use them again. The City of Downey experienced problems with start- up but there was as much of a problem with their plans and specs as with Raymor's start -up. He could not get an an- swer from the City of Glendora. The City of Duarte, as late as yesterday, March 21st, indicated they would prefer 1 1 1 1 1 1 City Council Minutes, March 21, 1989 - Page 7 not to award a contract to Raymor. Mr. French did note that Raymor had a better start -up with curb and gutter work than with the initial start -up for electrical work. Additionally, Mr. French stated that in his recommendation there were no comments on workmanship. City Attorney Martin asked Mr. French, if after checking the references and after the input received, did he still wish to stand with his opinion. Dwight French, 706 N. Diamond Bar Blvd., answering Attor- ney Martin, stated that if he was convinced of a commit- ment on Raymor's part and if the concrete people supervised the job rather than Ray Morales, he would rec- ommend giving them a chance at the work. Mr. French did mention that on the job in Duarte, the bonding company was notified and put on notice. City Attorney Martin again inquired of Mr. French if his position, after all he has heard and seen, is the best they come out is on a marginal basis. Dwight French, 706 N. Diamond Bar Blvd., replied he con- sidered them average. In answer to questioning from Coun- cil, Mr. French again reiterated that all areas of concern and disenchantment were related to electrical. Up until this period he was unaware there was a separate operation for curb and gutter as this did not surface during his phone calls. Answering a direct question from Councilman Froehle as to whether any complaints were registered on their performance and workmanship on concrete projects, Mr. French answered no. Raymond Morales, President and Angus O'Brien, Vice Presi- dent, Raymor Electric Co., in rebuttal went over the con- tracts previously awarded by neighboring cities. They assured Council they would do exactly as the contract reads and because of all the trouble involved, they would try extra hard to please the City of Temple City. They also agreed to the three -day opening period for each indi- vidual site. Councilman Gillanders voiced his opinion that a contract for public work should be held to the same standards as a private contract. He felt the memo handed to him at the last minute, the hand written letter included in the pack- ets and a variety of documents left out altogether made it very difficult to make a decision. As to Raymor Electric, he thought it looked like a lot of smoke. It is evident their bid is substantially less and he is amenable to awarding the contract to them. City Council Minutes, March 21, 1989 - Page 8 Councilman Atkins stated that from the evidence presented he saw no reason to believe Raymor could not perform, par- ticularly no reason to believe they cannot do concrete work. He agreed to give them a chance. Councilman Froehle said this is a concrete bid and he has seen nothing that would indicate they cannot perform in this area of work. Councilman Breazeal concurred that they have performed well in the concrete area, they submitted the lowest bid, including a bidder's bond, so felt they would be remiss not to award them the contract. Councilman Froehle moved to accept the low bid from Raymor Electric Co., Inc. on Miscellaneous Concrete Repair Pro- ject No. 88 -5 and authorized the Mayor and City Clerk to sign the agreement; seconded by Councilman Gillanders and unanimously carried. B. DISPOSITION OF BIDS RE: LA ROSA MAINTENANCE FACILITY IM- PROVEMENT, PROJECT 88 -4 - Providing background information, City Manager Koski stated that Council at their regular meeting of February 7, 1989, approved plans and specifications for the La Rosa Maintenance project and authorized solicitation of bids. The bid opening was held as advertised and one bid was received from Gary Betrue Construction for $31,760. This bid, however, was determined null and void as it did not include the required bidders bond. A second bid was re- ceived from Atkins General Builders Incorporated after the specific deadline and has not been opened. Since the bid opening, staff has received several requests from local contractors for project information and two construction firms expressed interest in preparing bids. Staff recom- mends rejecting the bids received, as stated above, and solicit new bids per Temple City Municipal Code Section 2509 (d) Councilman Gillanders moved to reject the bids received and authorized the solicitation of new bids, seconded by Councilman Froehle and unanimously carried. 1 1 1 1 1 1 City Council Minutes, March 21, 1989 - Page 9 7. NEW BUSINESS: A. PUBLIC HEARING: ESTABLISHING A TRANSIENT OCCUPANCY TAX AND AMEND THE MUNICIPAL CODE ACCORDINGLY - Providing background information, Mr. Koski stated the City Council at its February 21, 1989 meeting considered a recommendation to amend the Municipal Code relative to the adoption of a transient occupancy tax. This Municipal Code amendment would establish an 8% transient occupancy tax which may be imposed for the purpose of occupying a room or rooms, hotel, motel, inn, tourist home or other lodging facilities. After discussion and review of the recommendation, Council directed the City Attorney to pre- pare the proper ordinance and set the matter for a public hearing on March 21, 1989. Mayor Swain declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. As there was no one who wished to speak on this item, Councilman Froehle moved to close the public hearing, sec- onded by Councilman Breazeal and unanimously carried. Councilman Breazeal introduced for first reading by title only Ordinance No. 89 -647, AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW PART D TO CHAPTER 3 OF ARTICLE 5 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO A TRANSIENT TAX; seconded by Councilman Froehle and unanimously car- ried. 8. COMMUNICATIONS: A. LETTER FROM BOARD OF SUPERVISORS RE: URGENCY ORDINANCE RELATING TO ACTIONS TO RECOVER POSSESSION OF A RENTAL UNIT FROM A TENANT USING THE PREMISES OR ALLOWING THE PREMISES TO BE USED FOR ILLEGAL DRUG DEALING ACTIVITIES - Mayor Swain providing background information, stated that on motion by Supervisor Michael D. Antonovich, the County Board of Supervisors adopted an Urgency Ordinance No. 89 -0031U relating to actions to recover possession of a rental unit from a tenant using the premises, or allowing the premises to be used, for illegal drug dealing activi- ties or purposes. The Board has requested each City in Los Angeles County to adopt a similar ordinance. Mayor Swain indicated she would like to have this ordinance studied before Council takes any action. City Council Minutes, March 21, 1989 - Page 10 Councilman Breazeal moved to refer this item to the City Attorney for review, seconded by Councilman Froehle and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Julie Estrada, Staff Writer, Temple City Times, called Coun- cil's attention to a farewell reception for Helen Schrader, former editor of the Temple City Times, scheduled for Wednes- day, March 29, 1989 at the Cheyenne Supper Club, 101 So. First Avenue, Arcadia. ADJOURN TO CRA ONLY At 8:30 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of March 7, 1989; approved ratification of public hearing date and notification to residents of the joint public hearing regarding the sale of real property in the Rosemead Redevelopment Project; and adopted Resolution No. CRA 357 allowing claims and demands in the amount of $4,649.00. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL 10. ACTION ON REQUEST BY CRA: A. RATIFICATION OF PUBLIC HEARING DATE AND NOTIFICATION TO RESIDENTS OF THE JOINT PUBLIC HEARING REGARDING THE SALE OF REAL PROPERTY IN THE ROSEMEAD REDEVELOPMENT PROJECT - Councilman Gillanders moved to ratify the joint public hearing date of April 4, 1989 and the publishing of noti- fication on March 19, and 26, 1989; seconded by Councilman Atkins and unanimously carried. 11. MATTERS FROM CITY OFFICIALS: A. ANNUAL ASSEMBLY LOCAL GOVERNMENT DINNER - SACRAMENTO, MARCH 27, 1989 - City Manager Koski said this is a request for Mayor Swain and Councilman Breazeal to attend the annual dinner with the Assembly Local Government Committee in Sacramento on March 27, 1989. 1 1 1 1 1 1 City Council Minutes, March 21, 1989 - Page 11 Councilman Gillanders took exception to the handling of this item. He stated he did not receive any correspon- dence on this event. If it is for Mayor Swain fine, but other Council members should not be drawn into it with only six days notice. Council should have been notified in time for them to attend if they wished. He also be- lieved that if Mayor Swain is invited to go to Sacramento to represent the citizens, there should be no need to put it on the Agenda. It should be included under a blanket authorization. City Manager Koski replied that he did not have a letter on this item, but perhaps the memo could have been phrased in a better way. If Council wishes, a more refined system can be set up and could include the names of the individ- ual Council members attending each and every specific event. Mayor Swain referred to a policy where Council members when going to represent the City were given a blanket ap- proval. Councilman Breazeal asked about an item brought up several months ago regarding health insurance for certain Council Members through JPIA and wondered if there had been any progress on this item. Councilman Gillanders said this came to his attention be- cause the Lakewood Council members were covered under the JPIA Health and Accident policy produced by the Authority not only for City employees but the Council members as well. They are still looking into it but because they are not paid Council members they are all but eliminated from the plan. Keyth Durham, Asst. to City Manager, is still researching it. Councilman Breazeal asked if they received $1.00 a year would that enable them to join? Mayor Swain asked City Attorney Martin to check into this. Councilman Breazeal referred to a proposed Los Angeles County Division dues schedule for 1989 -90 from the League of California Cities for the local L. A. County Division. He feels very supportive toward the statewide organization but wondered how much benefit is realized from the local division. Before going along with the dues schedule he would like to receive a financial statement. City Council Minutes, March 21, 1989 - Page 12 Councilman Atkins referred to the approved AQMD Plan and asked what authority SCAG has and do they have enough mem- bers to meet their charter? What standing do they have? The last time he counted they were minus three cities. Councilman Gillanders said it was passed by two bodies, neither of which is elected. Attorney Martin stated if they don't meet their Charter they are not in existence, and suggested they ask County Counsel for an opinion. Councilman Breazeal moved that they check with the County Counsel for an opinion on SCAG authority, seconded by Councilman Atkins and unanimously carried. Councilman Gillanders pointed out that the Cities of Dia- mond Bar and Needles have applied for permission to join the Joint Powers Insurance Authority. Mayor Swain reported that she did go down and speak at the AQMD but she did not believe either the AQMD Commission or the SCAG group listened. However, she felt the audience was very receptive. The AQMD Plan passed, however, as each issue came up they said it could be modified as they go. Council then briefly discussed different aspects of this Plan. Mayor Swain then reported meeting with Senator Newt Russell and all the Mayors from his area who went through some of the legislation proposed that has an effect on local government and it is frightening. He was giving this out as information and went through it very briefly so she requested copies. Most of the legislation has to do with growth issues and treating them not as local con- cerns but regional and statewide concerns. One proposal is to give SCAG the authority to enforce. Councilman Gillanders, after reading over the City's suit against the State relative to property tax, asked Attorney Martin why Temple City gave up the idea of recovering taxes lost by the City back to 1978. He feels very resentful that the residents of Temple City in effect have donated these funds to other cities for the last 12 years. Attorney Martin said several things were left out of the complaint that may be added later. The retroactive effec- tive, from his last conversation, indicated they wondered if it was worth the effort. 1 1 1 1 1 City Council Minutes, March 21, 1989 - Page 13 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Breazeal, the meeting of the City Council was adjourned at 8:55 P.M. The next regular meeting on April 4, 1989, will include a joint public hearing with the Community Redevelop- ment Agency regarding the sale of real property in the Rosemead Redevelopment Project. Chief Deputy erk