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HomeMy Public PortalAboutCity Council_Minutes_1976-02-03_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES February 3, 1976 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, February 3, 1976 in the Council Chamber of the City Hallo 2. The invocation was given by Reverend Harvey .T...Bdoher., Fir"s.t Southern Baptist Church, 4856 N. Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4, ROLL CALL: Present: Councilmen- Dennis, Greenberg ,Merritt,Tyrell,Gilbertson Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Director of Planning Dragicevich, Parks and Recreation Director Kobett 5. APPROVAL OF MINUTES: Councilman Tyrell requested his statement under Item #6 be clarified to show his concern was not that stolen goods were being disposed of at yard sales in the City of Temple City specifically, but rather there is a high incidence of this nature in other areas. Councilman Merritt moved to approve the minutes of the regular meeting held January 20, 1976, as corrected, seconded by Councilman Greenberg, and carried, Mayor Gilbertson abstaining. Prior to consideration of business as itemized on the. agenda, Mayor Gilbertson recommended appointment of Ralph E. Haug to fill the unexpired term on the Parks and Recreation Commission left vacant by Commissioner Seibert`s appointment to the Planning Commission. Councilman Tyrell moved to confirm the appointment of Ralph E. Haug to the Parks and Recreation Couiuiission, seconded by Councilman Merritt and carried. Mayor Gilbertson administered the Oath of Office to Mr. Haug who was in the audience. UNFINISHED BUSINESS: 6. ORDINANCE NO. 76 -428: 2nd read. AMENDING TEMPLE CITY MUNICIPAL CODE RELATING TO YARD SALES IN RESIDENTIAL ZONES City Attorney Martin presented Ordinace No. 76 -428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING PART D TO CHAPTER 2 OF ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE (AS RECODIFIED) RELATING TO YARD SALES IN RESIDENTIAL ZONES for second reading by title only. Mayor Gilbertson stated he is familiar with the minutes of the last meeting; that he feels the ordinance is a benefit to control those who abuse certain privileges; he has some concern regarding the permit process, but feels it should be adopted, Councilman Greenberg requested a minor change in:'Section 4250 (1) stating the permit should be without fee. Councilman Tyrell moved to waive further reading, seconded by Councilman Greenberg and carried. Councilman Councilman ROLL CALL: AYES: NOES: Tyrell moved to adopt Ordinance No. 76 -428, seconded by Greenberg and carried on a roll call vote: Councilmen - Greenberg, Tyrell, Gilbertson Councilmen- Dennis, Merritt Council Minutes, February 3, 1976 - Page 2 7. ACCEPTANCE OF WORK: DEMOLITION CONTRACT NO, 1 - LIVE OAK PARK City Manager Koski presented background information stating City Council, at their regular meeting of October 7, 1975, awarded Demolition Contract No, .1 to clear a portion of the area adjacent to Live Oak Park, the Contractor completed the work on January 27, 1976, the County Engineer has inspected the work and recommended acceptance. Councilman Greenberg moved to accept the work as recommended by the County Engineer, authorize payment in the amount of $2,130 and authorize filing of Notice of Completion and release. of 10% retention in the amount of $236 at the end of the 35 -day lien period, seconded by Councilman Tyrell and carried. 8. ACCEPTANCE OF BIDS: PARKING LOT, BASEBALL BACKSTOPS AND IRRIGATION SYSTEM - LIVE OAK PARK City Manager Koski presented background information stating City Council, at their regular meeting held December 16, 1975, authorized staff to solicit bids for certain improvements to Live Oak Park. Eleven bids were received for Contract Noo 1 (Parking, Lots) with the apparent low bidder A. M. 'Paving in the amount of $32,458°40; staff has investigated their qualifications and received good ratings. Councilman Merritt moved to award the bid for Contract No. 1 to A. M. Paving in the amount of $3,458040 and authorize the Mayor and 'City Clerk to sign, seconded by Councilman Tyrell and carried. City Manager Koski reported six bids-were.received for Contract, Noe 2 (Ball Fields), with the apparent low bidder Master -Bilt Fence Co. in the amount of $20,571.00; staff has investigated their qualifications and received good ratings. Councilman Dennis moved to award the bid for Contract No. 2 to Master - Bilt Fence Co. in the amount of $2.0,571 and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. City Manager Koski reported eleven bids were received for Contract No. 3 (Irrigation System) with-the apparent low bidder Smith Company :in the amount of $10,130; staff has investigated their qualification's and received good ratings, Councilman Greenberg moved to award the bid for Contract No. 3 to Smith Company in the amount of $10,130 and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 9. APPROVAL OF AGREEMENT FOR IMPROVEMENTS OF OAK AVENUE AND GARIBALDI STREET, SECTION 230, HIGHWAY SAFETY'ACT OF 1973 City Manager Koski presented background information stating the City Council, at their regular meeting held December 2, 1975, authorized City's participation in'improving Oak Avenue from Garibaldi to Las Tunas, and Garibaldi from Oak Avenue to Golden West utilizing federal funds for 90% of the coat, and authorized the City's 10% matching funds for the'project estimated to be $9,050.. Subject agreement is a'master agreement. for Federal Aid. Improvement Projects .insuring the Agency participating will meet the conditions set forth, with a supplement setting forth the proposed projects; upon approval of the agreement, staff will be allowed by the State to proceed with pre- liminary planning, survey, design and engineering to finalize plans and specifications for Council approval. Councilman Dennis moved to approve Local Agency -State Agreement for Federal -aid Improvement Projects No, 5 and authorize Mayor. and City Clerk to sign, seconded by Councilman Merritt and carried. 10, APPROVAL OF PLANS AND SPECIFICATIONS; ELECTRICAL ENGINEERING SERVICES FOR LIVE OAK PARK City Manager Koski presented background information, stating City Council, at their regular meeting held December 16, 1975, approved Council Minutes, February 3, 1976 - Page 3 1 proposal for the preparation of plans and specifications for the electrical and telephone service relocation in the redevelopment area at Live Oak Park; the plans and specifications have been completed and forwarded to the State for their approval_ The Parks and Recreation Department plans to accomplish this improvement utilizing volunteer labor and purchasing and renting the necessary supplies and equipment. In response to Council's inquiry, Parks and Recreation Director Kobett advised the volunteer work to be accomplished will be trenching, place- ment of conduit and backfill from Glickman to Gracewood Avenues, Councilman Merritt moved to approve the plans and specifications for the electrical and telephone service relocation, and authorize staff to accomplish the project utilizing volunteer labor, obtaining contract for that portion of the work requiring the services of a licensed electrician and the purchase of necessary supplies and equipment, seconded by Councilman Greenberg and carried. NEW BUSINESS: 11. ACCEPTANCE OF STORM DRAIN (PRIVATE DRAIN NO. 1278) TRACT NO, 29602 (Baldwin Condominium Development) City Manager Koski advised the storm drain relating to RPD 74 -424 (Baldwin Condominium Development) has been completed by the developer and inspected by the County Engineer who recommends the storm drain be accepted for public use. It is also necessary to adopt a resolution . for the transfer and conveyance of the storm drain improvement to the Los Angeles County Flood Control District for purposes of operation, maintenance, repair and improvements. Councilman Greenberg moved to approve the work and accept the storm drain in Tract No, 29602 known as Private Drain No. 1278 for public use, and to adopt Resolution No, 76 -1522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS PRIVATE DRAIN NO, 1278, IN THE CITY OF TEMPLE CITY FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF, seconded by Councilman Merritt and carried° 1 12, DISPOSAL OF CITY PROPERTY - NORTH OF LOWER AZUSA ROAD, EAST OF CAMELLIA City Manager Koski advised the City recently acquired title to a 0,8 ft. strip of land 400 feet deep, north of Lower Azusa Road, east of Camellia Avenue; there is currently an application.for-a subdivision located immediately to the west of subject strip; staff recommends Council declare the subject strip surplus property and authorize its sale. Councilman Greenberg moved to declare the subject 008 ft, strip of land surplus property and authorize sale at no less than the acquisition cost, seconded by Councilman Merritt and carried. 13. REQUEST FOR RATE INCREASE° SAN GABRIEL VALLEY CAB CO. City Manager Koski presented request from the San Gabriel Valley Cab Company seeking authorization to increase fares as required by the . City's Business License Ordinance, based upon increase in costs as outlined in their letter dated January 26, 19760 Councilman Dennis moved to approve request of San Gabriel Valley Cab Company as set forth in their-letter dated January 26, 1976, seconded by Councilman Merritt and carried. 14. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of January 27, 1976 CHANGE OF ZONE FROM R -3 TO C -2, 5200 N. Rosemead Boulevard City Manager Koski presented background information stating the Planning Commission, at their regular meeting held January 27, 1976, Council Minutes, February 3, 1976 - Page 4 held public hearing and adopted Resolution No. 76 -674PC recommending to City Council a change of zone in Zone Change Case No 75 -4620 Councilman Greenberg moved to set Public Hearing March 2, 1976 to consider change of zone from R -3 to C -2 for property located at 5200 N. Rosemead Boulevard, seconded by Councilman Dennis and carried. 15 RECOMMENDATION FROM PARKS AND RECREATION COMMISSION - January 21, 1976 WAIVER OF LIABILITY INSURANCE REQUIREMENT City Manager Koski presented background information stating the City Council, at their regular meeting held October 7, 1975, discontinued the City's policy on cosponsorship and requested the Parks and Recreation Commission to evaluate all requests for use of the park on the basis of requiring insurance coverage when certain conditions exist. Parks and Recreation Commission developed guidelines to be used by the Department when reviewing requests for use of City facilities. The guidelines received by City Council December 16, 1975, requires in- surance for those organizations requesting the use of facilities on an extended basis. The Parks and Recreation Commission, at their regular meeting held January 21, 1976, revised the guidelines and are recom- mending a basic change to the foregoing; i.e., organizations requesting use of the park facilities on an extended basis have their insurance requirements reviewed by the Parks and Recreation Commission who would then recommend whether or not the insurance provision should be waived. The Parks and. Recreation Commission also, at their meeting held January 21, 1976, and subject to Council approval of their recommended revision, has recommended to the City Council that the liability insurance requirements for the use of park facilities by the Temple City Creative Arts be waived. Council expressed concern with organizations using City facilites on an extended basis without insurance citing the difficulties municipal governments are experiencing in obtaining insurance coverage. Council also expressed a concern with the guidelines adopted by the Parks and Recreation Commission when Council had expressly directed that insurance be required by those organizations requesting extended use of the City facilities. Jerry Seibert, former Chairman of the Parks and Recreation Commission, stated tie guidelines were adopted by the Parks and Recreation Com- mission because a majority of the Commissioners interpreted the Council's directive to mean those activities the nature of which involve a hazardous condition, and when those conditions do not exist, insurance would not be require& Mayor Gilbertson proposed a change in Item #6 of the revised guidelines (January 14, 1976) submitted to read "Organization or groups requesting use of the facilities in excess of 90 days or more than once a week or two times a month" striking the remainder of the sentence, and changing the word "determination" to "recommendation" in Item #70 Councilman Tyrell moved to adopt the Insurance Guidelines for Request for Use of City Facilities, dated January 14, 1976, as amended, seconded by Councilman Dennis and carried. Councilman Merritt moved to deny Parks and Recreation Commission recommendation that liability insurance requirement for the use of City facilities by Temple City Creative Arts be waived, seconded by Councilman Greenberg and carried. 16 RESOLUTION NO, 76 -1523: WARRANTS & DEMANDS, Demand Nos. 3553 thru 3641 in the amount of $68,841.03 Councilman Greenberg moved to adopt Resolution No. 76 -1523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $68,841°03, DEMAND NOS. 3553 THRU 3641, seconded by Councilman Dennis and carried. Council Minutes, February 3, 1976 - Page 5 17. COMMUNICATIONS 1 A. Vendors along Parade Route - Camellia Festival, February 28, 1976' City Manager Koski presented recommendation from the Camellia Festival Committee regarding vendors along the parade route, assembly area and disbanding area on the day of the parade, to include six organizations. Councilman Tyrell moved to approve organization as listed 1 through 6 in the recommendations of the Camellia Festival Committee, seconded by Councilman Dennis and carried. B. Request to Use Facilities for Check -In Center, Primary Election, June 8, 1976 City Manager Koski presented request from the Registrar- Recorder's Office to use City Hall as a check -in center for the Primary Election to be held June 8, 1976, 6 :00 p.m. Councilman'Dennis moved to approve request as a public service, seconded by Councilman Greenberg and carried. 18, TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward.. RECESS TO CRA: The City Council recessed at 8:07 p.m. to meet as the Community Redevelop- ment Agency,'all members being present, approved the minutes of the regular meeting held January 20,1976; accepted bid for Demolition Contract No, 4; approved payment to Sunnyslope Water Company for installation of 8 new fire ydrants as recommended by the Fire Department; approved conditionally request f Pacific Telephone Company for easement; adopted resolution approving arrants and demands; reviewed Tentative Parcel Map 6146; approved EGS ermanent financing subject to City Attorney's approval; approved Recognition Agreement subject to City Attorney's approval; and approved Declaration of Establishment of Easements and Covenants subject to City Attorney's approval. Minutes are set forth in full in the minutes of the Agency. RECONVENE AS CITY COUNCIL: 19. ACTION ON REQUEST BY CRA :' There was no action to be taken. 20. MATTERS FROM CITY OFFICIALS: A. California Parks and Recreation Society Conference Sacramento, February 28 through March 2, 1976 City Manager Koski submitted request for Commissioner Seibert and Parks and Recreation Director Kobett to attend the Annual California Parks and Recreation Society Conference to be held in Sacramento, February 28 through March 2, 1976. Councilman Greenberg moved to approve Commissioner Seibert and Parks and Recreation Director Kobett attendance to said conference with attendant expenses not to exceed $234050 each. seconded by Councilman Dennis and carried. B. Property Nuisance Case 75 -32, 5434 Welland Avenue On motion by Councilman Greenberg, seconded by Councilman Merritt and carried, Council terminated all further legal proceedings pursuant to Resolution No. 75 -1499 ordering abatement of public nuisance. Council also received and filed staff report on the current status. of all public nuisance cases reviewed by City Council for the year 1975. 1 1 1 Council Minutes, February 3, 1976 - Page 6 C. General Municipal Election - Expenditures City Council received recommendation from City Clerk relative to compensation for precinct workers and full -time city employees working overtime at check -in center. Councilman Dennis moved to approve recommendation as set forth in memo dated February 3, 1976, seconded by Councilman Merritt and carried. Do Mayor Gilbertson directed Council's attention to a resolution adopted by the City of Garden Grove recommending that Southern Cali- fornia Association of Cities refrain from competing for State and Federal funds and request City Council support that City. Councilman Tyrell moved to instruct City Attorney to prepare the appropriate resolution supporting the position of the City of Garden Grove, seconded by Councilman Greenberg and carried, Mayor Gilbertson stated that the Los Angeles County Sanitation District has requested cities to approve the Los Angeles County Solid Waste Management Plane Councilman Merritt moved to approve, seconded by Councilman Dennis and carried, City Council concurred with Mayor Gilbertson's request to submit an invoice to the San Gabriel Valley Association of Cities for expenses incurred by Temple City in the amount of $68.86. Mayor Gilbertson advised Council he has taken out Nomination Papers as a candidate in the 61st Assembly District in the June 8 Primary Election. 21, ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Greenberg, meeting adjourned at 8 :28 p.m. Next meeting of the City Council will be held Tuesday, February 17, 1976, 7 :30 p.m. in the Council Chamber of the City Hall. ATTEST: Ch - Deputy City C erk