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HomeMy Public PortalAboutCity Council_Minutes_1976-09-07_Regular 1976CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 7, 1976 INITIATION: 1. CALL TO ORDER: Mayor Greenberg called the regular meeting of the City Council to order at 7:36 pame on Tuesday, September 7, 1976, in the Council Chamber of the City Hallo 2, The invocation was given by Councilman Gilbertson, 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: Present: Councilmen - Dennis, Gilbertson ,Merritt,Tyrell,Greenberg Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes meeting held August 17, 1976, as written, seconded Dennis and carried.. Councilman Merritt moved to approve the minutes of meeting held August 31, 1976, as written, seconded Gilbertson and carried. UNFINISHED BUSINESS: of the regular by Councilman the Adjourned by Councilman 6. ORDINANCE NO. 76 -437: 2nd read. AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERSONNEL City Attorney Martin presented Ordinance No, 76 -437 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING' SECTIONS 2345 AND 2346 OF THE TEMPLE CITY MUNICIPAL CODE RELATING'TO OVERTIME COMPENSATION for second reading by- title' only. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Gilbertson and carried. 7, CONTINUED PUBLIC HEARING: 7:30 p.m. AMENDMENT TO ZONING CODE RE: NOISE STANDARDS'.AND REGULATIONS City: Attorney Martin stated the .City Council and Planning. Commission have completed their study on noise control regulations, including the model ordinance prepared by the Office of Noise Control; however the redraft of the proposed City ordinance remains the most workable. There being no one come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Dennis and carried. City Attorney Martin presented Ordinance No. 76 -438 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING PART VIII A TO THE TEMPLE CITY ZONING CODE RELATING TO A NOISE ORDINANCE for first reading by title only. Councilman Tyrell moved to waive further reading, seconded by Councilman Dennis and carried. 8. ACCEPTANCE OF BID: SLURRY SEAL PROJECT - FY 1976 -77, MAINTENANCE AREA NO. 3B City Manager presented background information, stating City Council, at their regular meeting of August 3, 1976, approved plans and specifications for the Slurry Seal Project for FY 1976 -77 and authorized the advertising and receiving of bids; a total of four bids were received with the apparent low bidder being Chamber Mix Concrete, Inc. in the amount of $20,338.50. Council Minutes, September 7, 1976 - Page 2 Councilman Merritt moved to accept the low bid of Chamber Mix Concrete, Inc. in the amount of $20,338.50 and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried. 9. ACCEPTANCE OF BID.: STREET IMPROVEMENTS, KAUFFMAN AVENUE, SOUTH OF SPARKLETT City Manager Koski presented background information, stating City Council, at their regular meeting held August 17, 1976, approved plans and specifications for the subject improvement and authorized advertising and receiving of bids; a total of five bids were received with the apparent low bidder being A. M. Construction Company in the amount of $9,649.05. County Road Department reviewed the bids and have recommended the contract be awarded to A. M. Construction. Councilman Gilbertson moved to accept the low bid of A. M. Construction Co. Inc. in the amount of $9,649.05, authorize the Mayor and City Clerk to sign, and to appropriate additional funds in the amount of $8,159 for the project and amend the adopted budget accordingly, seconded by Councilman Merritt and carried. NEW BUSINESS: 10. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of August 24, 1976 A. PROPERTY NUISANCE CASE 76 -35: 9173 -75 Las Tunas Drive City Manager Koski presented background information stating the Plan- ning Commission,. at .their regular meeting held August 24, 1976, held public hearing and adopted Resolution No. 76 -710PC determining the existence of a public nuisance at subject property. No appeal was received from the property owner within the prescribed time; recent inspection reveals the owner has painted the front of the building; however, the property is still in poor condition. Councilman Gilbertson moved to adopt Resolution No. 76 -1573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE -A PUBLIC NUISANCE., AND ORDERING ABATEMENT THEREOF, seconded by Councilman Tyrell and carried, B. PROPERTY NUISANCE CASE 76 -36: 5330 FRATUS DRIVE City Manager Koski presented background information stating -the Plan- ning Commission, at their regular meeting held August 24., 1976, held public hearing and adopted Resolution No. 76-709PC determining the existence of a public nuisance at subject property. No appeal has been .received from the' property owner' within the prescribed time, however a.le.tter was received this evening requesting the matter be continued due to the extreme heat which makes pruning dangerous to immature shrub roses. Councilman Dennis stated that inspection of the site shows the shrubs in question to be about- six to seven feet in height and moved to adopt Resolution No, 76 -1574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF, seconded by Councilman Gilbertson and carried. 11.' RENEWAL'OF AGREEMENT: PERMIT TO CROSS PEDESTRIAN MALL lA - ZAGER SMITH CARPET'COMPANY,'9510 LAS TUNAS DRIVE City Manager Koski presented background information stating the Parking Commission, at their regular meeting held June 16, 1976, reviewed the conditions of the. Agreement and concurred that Items 2.and 4 were not being complied with and directed staff to communicate with the tenant and owner of the property concerning the deficiencies and requesting cooperation in complying with the agreement. Parking Commission pre- ferred a more substantial ramp made of metal to the existing wood ramp. Staff contacted tenant and property owner; owner has agreed to provide a wood ramp by reimbursing. the City for its fabrication and maintenance. Council Minutes, September 7, 1976 - Page 3 1 1 In answer to Council's question regarding inspection, City Manager Koski advised staff has periodically inspected the ramp because of difficulties in compliance in the pasta It was the consensus, of the Council that the City is not in the business of providing and maintaining these facilities and expressed concern regarding City liability if we were to do so. Councilman Tyrell moved to continue the matter to September 21, 1976 to consider renewal of the agreement after conditions have been met, seconded by Councilman Gilbertson -and carried, 12, RENEWAL OF AGREEMENTS: STUDENT AND THE LAW - OAK AVENUE SCHOOL/ LUTHERAN SCHOOL /CLEMINSON SCHOOL City Manager Koski advised that-City-Council provided $7;000 in the 1976 -77 budget as the City's portion of funds to continue the Student and the-Law program at:Oak Avenue,:Cleminson, and Lutheran Schools, Oak Avenue School principal has expressed their intention to continue the program on the same basis. as in the past, .Lutheran School has indicated they wish renewal for the spring semester only, and El Monte School District has approved Cleminson participation for the 1976 -77 school year. Councilman-Tyrell moved to approve renewal of Student and the Law agreements with Oak Avenue, Cleminson, and Lutheran,Schobls and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. 13. RENEWAL OF AGREEMENT: COMMUNITY RECREATION BETWEEN COUNTY AND CITY City Manager Koski: advised the Los Angeles Department of Parks and Recreation submitted agreement for renewal to conduct after school, holiday and vacation recreational services for the fiscal year 1976 -77 as a part of City's-recreation program on the grounds of Emperor School. Councilman Tyrell moved to renew agreement for Community Recreation Program between the City and the County of Los Angeles for fiscal year 1976 -77 and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson-and carried. 14 . SECOND AMENDMENT TO STREET MAINTENANCE'AGREEMENT: COUNTY ROAD DEPARTMENT City Manager Koski presented background information stating the City's current Stree.t. Maintenance Agreement requires the County, Road Depart- ment to maintain and-repair streets within the City's limi #tQ in the same manner as County streets but in reality the City has beery per - forming some of the duties set forth in the agreement by private con- tract, and the -Road Commissioner has requested the City amend its Street Maintenance Agreement,to conform with existing practice. Councilman Merritt moved to approve Second Amendment to Street Main - tenance Agreement for a five -year period beginning July 1, 1976 and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson- and carried 15. ADOPTION OF 19.76 EDITION UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - RESOLUTION NO. 76 -1575 City Manager Koski .. advised the City has received the 1976 Edition of the Standard Specifications for Public Works Construction from the Los Angeles County Road Department, which. edition supersedes the 1973 Edition adopted by City Council in 1974. .. Councilman Merritt moved to adopt Resolution No. 76 -1575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING 1976 EDITION OF THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, seconded by Councilman Gilbertson and carried. Council Minutes, September 7, 1976 - Page 4 16. PETITION FOR INSTALLATION OF STREET LIGHTS - CAMBURY AVENUE, 5400 block City Manager Koski advised a petition with signatures of property owners representing 72.2% of the front footage of subject block was received, requesting the installation of two 7,000 lumen lights, one to be installed on a steel pole and one to be installed on an existing wood pole. The property owners were informed of the costs of the installation and the rate for maintenance costs. Councilman Gilbertson moved to set public hearing October 5, 1976 pursuant to Chapter 27 proceedings and instruct the Superintendent of Streets to notify the property owners, seconded by Councilman Merritt and carried. 17. PETITION FOR STREET LIGHTS - RYLAND AVENUE, LOWER AZUSA ROAD TO LA ROSA DRIVE City Manager Koski advised a petition with signatures of property owners representing 61% of the front footage of subject limits was received, requesting the installation of nine ° 7,000 .lumen lights to be installed on steel poles, .with .:two -of the lights to be installed on existing wood poles. The property, owners were informed of the costs of the installation and maintenance. Councilman Gilbertson moved to set public hearing October 5, 1976 pur- suant to Chapter.27 proceedings and instruct the Superintendent of Streets to notify the property owners, seconded by Councilman Merritt and carried. 18. RESOLUTION NO. 76 -1576: DESIGNATING CITY MANAGER AS AUTHORIZED REPRE- SENTATIVE TO SIGN APPLICATIONS AND DOCUMENTS FOR FEDERAL FUNDING UNDER CIVIL DEFENSE ACT. OF . 1950 Councilman Tyrell moved to adopt Resolution No. 76 -1576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DESIGNATING AUTHORIZED RE- PRESENTATIVES TO SIGN APPLICATIONS AND DOCUMENTS FOR FEDERAL FUNDING UNDER CIVIL DEFENSE ACT OF 1950, seconded by Councilman Dennis and carried. 19. RESOLUTION NO. 76 -1577: ADOPTING COUNTY ORDINANCE 10,493 BY REFERENCE (L. ' A. CO. OPERATIONAL AREA ORGANIZATION) Councilman Gilbertson moved to adopt Resolution No. 76 -1577 A RESOLUTION OF THE CITY; COUNCIL OF THE•CITY.OF TEMPLE CITY PROVIDING FOR RECOGNITION OF THE-LOSJANGELES. COUNTY OPERATIONAL AREA ORGANIZATION, seconded by Councilman Merritt and carried. 20,. RESOLUTION NO. 76- 1578 :'WARRANTS'& DEMANDS, Demand Nos. 4925 THRU 5049 INTHE.AMOUNT OF'$146,864.92 Councilman'Tyrell :moved,to adopt Resolution No. 76 -1578 A RESOLUTION OF THE•CITY COUNCIL OF THECITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUMOF $146;864.92, DEMAND NOS, 4925 THRU 5049, seconded by Councilman Merritt and carried. 21. COMMUNICATIONS: .. A. Temple City Lionettes - Request to conduct Eyemobile Clinic, Saturday, September 25 City Manager presented communication from Temple City Lionettes requesting permission to conduct Eyemobile Clinic, Saturday, September 25, 9:30 a.m. to 1:30 p.m. on. Las Tunas Drive in front of Temple City Park. Councilman Tyrell moved to approve request of Temple City Lionettes and to provide electrical power, subject to insurance certificate naming the City of Temple City additionally insured, seconded by Councilman Dennis and carried. Council Minutes, September 7, 1976 - Page 5 B. Supervisor Schabarum re: carpools on San Bernardino Busway Lane Council received and filed communication from Supervisor Schabarum soliciting Council's support for carpools on the San Bernardino Busway. C. City of Commerce re: Reform of the Criminal Justice System Council received and filed communication from City of Commerce concerning that City's official statement for the reform of the Criminal Justice System in the State of California. D. California Contract Cities Assoc. re: appointment of County Engineer Council received and filed a communication from the California Contract Cities Association requesting .Council support their action recommending that the Board- of Supervisors be-urged to select the new Chief Count Engineer from among the top qualified candidates within the Department. E. Southern California Rapid Transit District City Manager Koski. presented Mailgram from Southern California Rapid Transit District-Board-asking Council to take a position either for or against their hold- the -line posture in the present strike situation.., Councilman-Dennis moved to support the District's position and transmit Council's feelings iuuuediately, seconded by Councilman Gilbertson and carried. 22 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Miriam Osborne, 9413 Kennerly Street, stated she was attending this evening's meeting as a member of the Temple City Soroptimist Club; that the club is interested in taking a more active role in public affairs and a representative will be attending each City Council meeting. RECESS TO CRA: The City Council recessed at 8:04 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held August 17, 1976; held public hearing on the sale of Parcel 5 in the Rosemead Boulevard Redevelopment Project area and approved Disposition and Development Agreement with .David :Miller; and adopted resolution approving warrants and demands, The minutes rare set forth in full in the record of the Agency. RECONVENE AS CITY COUNCIL: 23. ACTION ON`REQUEST BY CRA: There was no action to be taken, 24, MATTERS FROM CITY OFFICIALS: A. Designate- Voting- Delegate to Annual League Conference On motion -by Councilman Tyrell, seconded by Councilman Merritt and carried, Councilman Dennis was designated voting delegate and Mayor Greenberg, alternate., to the 78th Annual Conference of the League of California Cities to be held October 17 -20, 1976 in San Diego. Councilman Dennis reported that a resolution will be considered at the conference concerning the funding of a League headquarters in Sacramento, cities to be assessed on the basis of population which for Temple City would mean approximately $5,800. B, Request for Approval - Attendance at ICMA Conference and Vacation On motion by Councilman Gilbertson, seconded by Councilman Dennis and carried, Council authorized City Manager's attendance at the ICMA Conference September 26 to 29 with attendant expenses. Council Minutes, September 7, 1976 - Page 6 Co Law Enforcement Service Rates - Fiscal Year 1976 -77 Council received and filed a revised staff report on law enforcement service rates for the fiscal year 1976 -77. D. Contract Cities Liability Insurance Study City Manager Koski advised City Council, at their regular meeting held April 20, 1976, authorized the City's participation in the Contract Cities Liability Insurance Study up to $500. The first assessment, based on 12% of the City's total liability insurance premiums was in the amount of $170.46. An additional 1% assessment in the amount of $113.64 is required to complete the project. Councilman-Gilbertsonmoved to authorize the additional assessment and amend the budget-accordingly, seconded by Councilman Tyrell and carried. E. City of South Gate resolution re: reduction of County Tax rate City Council-received resolution from the City of South Gate urging Los Angeles County-Board of Supervisors to reduce the district rates of-taxes throughout the County. On motion by Councilman Merritt, seconded by Councilman Tyrell, a letter to Supervisor Schabarum, commending his efforts in reducing the cost of county government will be prepared to go out over the Mayor's signature. F. Councilman Merritt commented on letter from Chief Davis in the Los Angeles Times supporting SB 42 which would take criminal justice out of the-hands of judges and placing criminal penalty in the adult authority. 25 ADJOURNMENT: On motion by .Councilman Tyrell, seconded by Councilman Gilbertson, meeting adjourned at 8:28 p.m. Next regular meeting will be held Tuesday, September 21, 1976, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: / / ' Ch' f Deputy City Clerk 1 MAYOR a