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HomeMy Public PortalAboutCity Council_Minutes_1976-08-03_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 3, 1976 INITIATION: I 1. Mayor Greenberg called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, August 3, 1976, in the Council Chamber of the City Hall. 2. The invocation was given by Father John Keese, St. Luke's Catholic Church, 9451 Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: Present:. Councilmen- Dennis, Merritt, Tyrell, Greenberg Abs.ent.:. Councilmen- Gilbertson Also Present:: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Director of Parks and Recreation Kobett Councilman Merritt moved to excuse Councilman Gilbertson for cause, seconded by Councilman Tyrell and carried. At this time Council recognized former Councilman Kenneth Briggs of Independence, Mo. who was in the audience. Mr. Briggs stated he was happy to revisit his old home and was impressed with the well -kept appearance. of the community as compared to the many cities he has visited in the past few years, commended the Council and Commissioners who are giving their time and talents to the betterment of the community. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular meeting held-July 20, 1976, as written, seconded by Councilman Merritt and carried, 6e UNFINISHED BUSINESS:. ORDINANCE-N0'76436: 2nd read. CHANGE OF ZONE FROM R -2 TO R -3 - 5127- 29.SULTANA'AVENUE AND 5122 -24 ROSEMEAD BOULEVARD • City Attorney Martin presented Ordinance No. 76 -436 AN ORDINANCE OF THE CITY OF TEMPLE "CITY PROVIDING FOR A CHANGE OF ZONE IN ZONE CHANGE' CASE.N0. 76 -471 by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Dennis and carried, 7. CONTINUED PUBLIC HEARING: AMENDMENT TO ZONING CODE RE: NOISE STANDARDS AND-REGULATIONS City Manager -Koski advised that a model ordinance is being developed by the. State Department-of Health, Office of Noise Control in cooperation with representatives of the League of California Cities, which would supersede the model ordinance previously developed by the League and used as a reference source in the preparation of the proposed noise ordinance. Staff recommends continuing the matter to September 7, 1976 at which time it is anticipated the newly developed model ordinance will be available for review. Councilman Tyrell moved to continue public hearing to September 7, 1976, seconded by Councilman Dennis and carried. Council Minutes, August 3, 1976 - Page 2 8. ACCEPTANCE OF BID: RESURFACING PROJECT - LAS TUNAS DRIVE City Manager Koski_ presented background information, stating City Council, at .their regular meeting held July 6, 1976, approved plans and specifications for the resurfacing project on Las Tunas Drive and authorized the advertising and receiving bids; three bids were received with the apparent low bidder being Sully.- Miller Contracting Company in the amount of $105,702. County Road Department services are estimated to be $5,000 and an additional item of work which was discovered relating to the project while walking the limits during a pre -bid conference in the amount of $3,000, bringing the project total to $113,702, well within the budgeted $130,000. Councilman Merritt moved to accept the low bid from Sully- Miller Contracting-Company in the amount of $105,702 and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. STREET TREE PLANTING AND MAINTENANCE PROGRAM - BROADWAY, BALDWIN AVENUE TO GOLDEN WEST City Manager•. Koski presented background information, stating the City Council, at their regular meeting held July 20, 1976, received petition - requesting modification of the City's street tree planting program .on,Broadway between Baldwin and Golden West representing 7970 of the property .owners -within subject limits. The concern ,.of.. the property owners is one of replacing elm trees which they indicate are subjecting the residents to hazard, as well as some of the trees being in poor health. Staff has reviewed the proposed species of trees as replacements, and the program for replanting the street, and recommend a program to replantothe street over a period of time to minimize, the effect on the environment as opposed to a complete removal of all trees on the block, recommending a five year program using Liquidambar for replacement trees. Jack Swatez, 9927 Broadway, inquired whether the Bottlebrush trees were to be removed and was advised that staff had not proposed the removal of the three Bottlebrush, but that the conversion to Liquid - ambar is flexible. Councilman - Tyrell, moved to approve the proposed 5 year conversion of Master 'Plan of Street Trees as outlined in staff memo dated July 30 , 1976 and on file in the City Clerks office, seconded by Councilman Merritt and carried, Councilman Dennis expressed concern that the property..: owners understand the tree planting program will be continued during the 5 year period depending on the availability of funds. NEW BUSINESS: 10. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION A. REMOVAL. OF EXISTING BASEBALL BACKSTOPS AT LIVE OAK PARK City Manager Koski presented background information, stating the Parks and Recreation Commission has recommended that the existing original baseball backstops and related dugouts and fencing at Live Oak Park be removed, suggesting three methods of disposal; 1) give the backstops to local youth baseball organizations for relocation on other property within the City if any of the organi- zations are interested in removing and relocating them; 2) Parks Department and volunteers dismantle the backstops, keeping reuseable pipe in storage; and 3) obtain salvage proposals from private firms. Councilman Tyrell moved to declare the existing baseball backstops and related dugouts and fencing surplus property and approve alternative 1 as set forth in memo dated July 22, 1976 and on file Council Minutes, August 3, 1976 - Page 3 1 in the City Clerk's office, subject to their removal and relocation within 30 days, seconded by Councilman Dennis and carried. B. CONSTRUCTION CONTRACT NO, 2, LIVE OAK PARK - BALL FIELD BACKSTOP City Manager Koski presented background information, stating final inspection of the Ball Fields was conducted June 1, 1976 by Recrea- tion Systems, Inc. who found the work to be substantially complete and in accordance with the plans and specifications, with only minor adjustments and recommended- the City accept the work upon completion of the adjustments. It was later discovered that the radius of the backstop was incorrect which prevented proper alignment of the in- field. Recreation Systems, Inc. has verified the error and has presented three alternatives to correct the problem for consideration: 1) remove and-reconstruct the backstop according to the plans, 2) . modify the backstop to function adequately with the ballfield; and 3) realign the ballfield to function with the backstop, and have the contractor provide in -lieu on site or elsewhere. Following discussion of the alternatives put forth by Recreation Systems, Inc. and liability on the part of the contractor and Recreation Systems, Inc., Councilman Merritt moved to approve alternative #2o Motion died for-laek of second. Councilman Dennis moved to approve alternative #1 as set forth in memo dated July 30, 1976 and on file in the City Clerk's office, seconded by Councilman Tyrell and carried, Councilman Merritt noting his objection. 11. PROPOSED TRACT MAP AND PARCEL MAP CHECKING AGREEMENT AND CITY ENGINEER RESOLUTION (RESOLUTION NO. 76 -1566) City Manager Koski advised the existing agreements for tract map and parcel map checking and resolution appointing the County Engineer as City Engineer have been revised to meet current State law and present procedures; the City Engineer resolution now permitting a Deputy to sign tract or parcel maps in the absence of both the County Engineer and Chief Deputy. City Attorney has reviewed both documents and approved same Councilman Tyrell moved to approve Agreement for Tract Map and Parcel Map' Checking and authorize Mayor and City Clerk to sign, and adopt Reso- lution No, 76 -1566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING THE COUNTY ENGINEER OF THE COUNTY OF LOS ANGELES AS THE CITY ENGINEER, seconded by Councilman Merritt and carried. 12. APPEAL FROM PLANNING COMMISSION DECISION: ZONE VARIANCE CASE 76 -473 - 10929 FREER STREET 1 City Manager Koski advised the Planning Commission, at their regular meeting held July 13, 1976, held public hearing and denied applica- tion for zone variance in Case No, 76 -473 which would reduce rear yard setback. Applicant filed an appeal from the Planning Commission's decision and is requesting a public hearing. Councilman Tyrell moved to set public hearing August 17, 1976 to consider appeal from Planning Commission decision in Zone Variance Case 76 -473, seconded by Councilman Dennis and carried. 13.9,,REQUEST FOR AUTHORIZATION: SLURRY SEAL PROJECT - FY 1976 -77, MAINTENANCE AREA 3B City Manager Koski presented background information, stating the City Council in the adopted budget for the FY 1976 -77, authorized sufficient funding for the preventive maintenance program to be continued with the application of slurry seal of Maintenance Area 3B, Plans and specifi Council Minutes, August 3, 1976 - Page "4 Councilman Tyrell moved to approve plans and specifications, author- ize advertising and receiving of bids, and approve the calendar of events as set forth in memo dated July 28, 1976 and on file in the City Clerk's office, seconded by Councilman Dennis and carried. 14. RESOLUTION NO. 76 -1567: REQUEST FOR ALLOCATION OF COUNTY AID -TO- CITIES "FUNDS FOR MAINTENANCE OF SELECT SYSTEM STREETS City Manager Koski stated the City has been advised by the Los Angeles County Road Department that funds in the amount of $39,320 have been allocated to the City for maintenance of streets on the approved select system of streets for the fiscal year 1976 -77. Councilman Tyrell moved to adopt Resolution No. 76 -1567 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID -TO- CITIES FUNDS FOR THE MAIN- TENANCE OF SELECT SYSTEM STREETS, seconded by Councilman Dennis and carried. 15. RESOLUTION NO. 76 -1568; WARRANTS & DEMANDS, Demand Nos. 4738 thru 4839 in the amount of $149,440.90 Councilman Merritt moved to adopt Resolution No. 76 -1568 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $149,440.90, DEMAND NOS. 4738 THRU 4839, seconded by Councilman Dennis and carried. 16. COMMUNICATIONS; There were no communications. 17. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Keith .Barrington, 5544 Persimmon, applicant on the appeal from Panning Commission denial for . zone variance, Item 12 on the agenda, requested clarification of Council action, and was advised the mat - ter was set for public hearing August 17, 1976. RECESS TO CRA: The City Council recessed at 8 :02 p,m. to meet as the Community Redevelop- ment Agency, Mr. Gilbertson being absent; approved the minutes of the regular meeting held July 20, 1976; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 18. ACTION ON REQUEST BY CRA: There was no action to be taken. 19. MATTERS FROM CITY OFFICIALS: A. FAIR LABOR STANDARDS ACT OVERTURNED BY SUPREME COURT City Manager Koski advised the League of California Cities and State of California has successfully overturned the extension of subject act to local government employees requiring that all work over 40 hours be compensated monetarily, thereby allowing reinstat- ing compensating time off for overtime, and staff recommends City Council amend the Municipal Code to provide for compensatory time off for overtime as an option subject to City Manager approval and at the convenience of the City. Councilman Tyrell moved to direct City Attorney prepare the appro- priate ordinance, seconded by Councilman Dennis and carried. 1 Council Minutes, August 3, 1976 - Page 5 B. City Manager directed Council's attention to the bail schedule for overnight parking violations which is currently set at $2.00. The administrative costs of writing and processing a citation exceeds the $2.00 bail. Council concurred with the City Manager directing a letter to sur- rounding cities requesting they support an adjustment to the bail schedule to increase bail for overnight parking violations to $5.00 which would be uniform with other vehicle parking violations, with the exception of overweight parking. Co City Manager Koski introduced Chief Robert Sarno, Assistant Division Chief assigned to Station #47. D. Councilman Tyrell advised the City of San Marino is considering joining the West San Gabriel Valley Juvenile Diversion Project, which will necessitate an amendment to the Joint Powers Agreement. E. Councilman Merritt advised the Kiwanis recently had a speaker who discussed Community Redevelopment and the speaker felt that the question of forming a Redevelopment Agency should be placed on the ballot for the vote of the electorate. F. Mayor Greenberg directed Council attention to memo received regarding application to provide social services to Temple City by Mexican American Opportunity Foundation under CETA. City Manager indicated he will communicate to the consortium that City is unable to participate until such time as a prime sponsor is identified through the grant process, at which time City could consider appointment of a City representative on a steering committee. 20. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Dennis, meeting adjourned at 8:15 p.m. Next regular meeting of the City Council will be held Tuesday, August 17, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST C i- �'Deputy City Cler