HomeMy Public PortalAboutCity Council_Minutes_1977-03-15_Regular 1977CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
MARCH 15, 1977
INITIATION:
1. CALL TO ORDER:
Mayor Greenberg called the regular meeting of the City Council to
order at 7:31 p.m. on Tuesday, March 15, 1977, in the Council
Chamber of the City Hall.
2. The invocation was given by Pastor Kevin McCormack, Seventh Day
Adventist Church, 9664 E. Broadway.
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 Dennis moved to approve the minutes of the regular
meeting held March 1, 1977, as written, seconded by Councilman
Merritt and carried.
At this time Mayor Greenberg presented a plaque, on behalf of the City
Council, to Carl Clark in recognition of his service on the Parking
ICommission and the Planning Commission.
Mayor Greenberg presented a plaque to Division Fire Chief Ben Matthews
on the occasion of his retirement from County service after 35 years,
many of which were served as Captain at Temple City Station 47.
Councilman Tyrell moved to confirm the appointment of Harry Crump to the
Parks and Recreation Commission to fill the unexpired term left vacant by
the resignation of Frank Stack, seconded by Councilman Gilbertson and
carried. City Clerk Koski administered the Oath of Office to Commissioner
Crump.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 77 -446: 2nd read. PARKING /STORING OF OVERWEIGHT
COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTIES
City Attorney Martin presented Ordinance No. 77 -446 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING NEW SUBPARAGRAPH (d)
TO SECTIONS 9332(1), 9351(1) and 9361(1) OF THE TEMPLE CITY ZONING CODE
RELATING TO THE PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTIES
for second reading, directing Council's attention to clerical changes,
by title only. .
Mr. Bill Coates, 10618 E. Live Oak, spoke to the issue, stating he
objects to the adoption of the subject ordinance in that he does not
feel it is equitable to restrict property owners to use their property
as they wish to providing it does not interfere with the rights of
others, and in his opinion parking commercial vehicles on residential
property does not interfere with the rights of others; the ordinance
would inhibit his rights to protect his property, because it would
require his leaving his truck unattended on an empty lot; and that it
would create a hardship in that he would have to park his truck some
distance from his home and carry his personal belongings to his
residence.
Council Minutes, March 15, 1977 - Page 2
In answer to question from Councilman Dennis, Mr. Coates stated
his truck weighs six tons. Councilman Gilbertson advised Mr. Coates
that in order, to get his truck to his residence, he is violating
the law, in that Live Oak Avenue is not an authorized truck route.
Councilman Gilbertson also stated in his opinion, a resident property
owner does not have the right to use the property as storage for a
commercial activity.
Councilman Tyrell moved to waive further reading of Ordinance
No. 77 -446 and adopt, seconded by Councilman Gilbertson and carried.
7. PUBLIC HEARING: 7:30 p.m. ASSESSMENTS FOR STREET IMPROVEMENTS -
CAMBURY AVENUE, 5400 BLOCK (Pursuant to Chapter 27, Streets and
Highways Code)
City Manager Koski presented background information, stating the
City Council, at, their regular meeting held. March 1, 1977 set public
hearing to approve the assessments for the installation of two 7,000
lumen lights and one steel electrolier on subject street; total cost
for installation and maintenance to June 30, 1977 has been spread
equally among the seven property owners, who have been notified of
the public hearing.
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Mayor Greenberg declared the public hearing open. No one came forward
to speak to the matter, and Councilman Tyrell moved to, close the public
hearing, seconded by Councilman Merritt and carried.
Councilman Merritt moved to approve the assessments as shown on
staff report dated March 9, 1977 and on file in the office of the
City Clerk, and direct the Superintendent of Streets to so notify
the property owners, seconded by Councilman Dennis and carried.
8. ACCEPTANCE OF BID: ALLEY RECONSTRUCTION, CASH CONTRACT 1222X
City Manager Koski presented background information, stating the
City Council, at their regular meeting held February 1, 1977, approve
plans and specifications for the EDA Grant and authorized the ad-
vertising and receiving of bids; six bids were received and opened
by the City Clerk March 10, 1977. The apparent low bidder is
E. C. Construction of South El Monte in the amount of $118,733.06,
which is 11% under the Engineer's Estimate. The County Road Department
has reviewed the bids and recommends acceptance of the low bidder.
Councilman Gilbertson moved to accept the low bid of E. C. Construction
Company in the amount of $118,733.06 and authorize the Mayor and City
Clerk to sign the agreement, seconded by Councilman Merritt and carried.
9. STREETS AND SIDEWALKS - PUBLIC WORKS EMPLOYMENT ACT OF 1976: APPROVE
PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISING FOR BIDS
City Manager Koski presented background information, stating the
City Council, at their regular meeting of February 15, 1977, accepted
the offer of grant for construction of.curb, gutter, driveway approaches
and sidewalks at various locations throughout the city. The Los Angeles
County Road Department, has prepared the plans and specifications and
Council is requested to approve the plans and specifications in order
to meet the deadline to commence construction. Tentative schedule of
events is to advertise for bids March 20 and 27 to be opened April 15
with Council awarding contract'April 19, 1977.
Councilman Tyrell moved to approve plans and specifications for stree
and sidewalk construction under Cash Contract 1225X and authorize the
Superintendent of Streets to advertise for and receive bids, seconded
by Councilman Gilbertson and carried.
NEW BUSINESS:
10. TEMPLE CITY IMPROVEMENT #5 - LOMA AVENUE SEWER IMPROVEMENT PROJECT
City Manager Koski presented background information, stating the
City Engineer has transmitted documents relating to the construction
of sanitary sewers and appurtenant work in Loma Avenue under Temple
City Improvement #5. The City Attorney has reviewed and approved the
resolutions and other documents submitted for Council review.
Council Minutes, March 15, 1977 - Page 3
Councilman Dennis moved to approve the recommendations of the City
Engineer as set forth in his letter of March 4, 1977 as follows:
1) approve the filing of categorical exemption pursuant to Section
15103, Class 3, of California Environmental Quality Act;
2) approve and direct the City Clerk to file a map indicating the
district to be assessed under Temple City Improvement No. 5;
3) direct the City Clerk to file the Health Officer's Report;
4) Adopt Resolution No. 77 -1617 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO ORDER THE
'ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF
SANITARY SEWERS AND APPURTENANT WORK;
5) consider the Report on the Improvement consisting of a) plans
and specifications, b) estimated cost of the project and
c) assessment spread;
6) adopt Resolution No. 77 -1618 RESOLUTION SETTING TIME AND PLACE
FOR HEARING FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND
THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANT WORK;
7) direct the City Clerk to endorse. his certificate on a print of
the district map and file the map in the Office of the County
'Recorder in accordance with the provisions of Division 4.5,
Streets and Highways Code;
8) direct the City Clerk to publish the Notice of Improvement;
9) direct the City Clerk to publish the Notice, Inviting Bids for
the construction work to be accomplished; and
10) adopt Resolution No, 77 -1619 A RESOLUTION AUTHORIZING THE ISSUANCE
AND SALE OF BONDS FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY
AND THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANT WORK.
The motion was seconded by Councilman Tyrell and.carried.
11. ORDINANCE NO. 77 -447: 1st read. GUIDELINES FOR DISSEMINATION OF
CRIMINAL OFFENDER RECORD INFORMATION
City Manager Koski presented background information, stating in
December, 1974, the California Department of Criminal Justice set
guidelines for the dissemination of criminal offender record information,
which reflect changes required by the California Penal Code Section 11105
defining who has access to criminal information for employment and
business licensing purpose, and cities must, in order to receive the
information,, designate those persons who are entitled to receive the
information by ordinance. City Attorney Martin has prepared the
proposed ordinance specifying City Manager /City Clerk and the Personnel
Officer as those officers authorized to have access to receive criminal
history record information.
City Attorney Martin introduced Ordinance No. 77 -447 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AUTHORIZING THE USE OF CRIMINAL HISTORY
INFORMATION IN CERTAIN INSTANCES RELATING TO EMPLOYMENT, LICENSING,
OR CERTIFICATION for first reading by title only. Councilman Tyrell
moved to waive further reading, seconded by Councilman Gilbertson and
carried.
12. APPEALS FROM TRAFFIC COMMISSION DECISION RE: OVERNIGHT PARKING PERMIT
A. GARDNER, 5470 Baldwin Avenue
City Manager Koski advised the Traffic Commission, at their regular
meeting held March 2, 1977, reviewed the application of James Gardner
for an overnight.parking permit. Applicant has two vehicles; there is
a two -car garage with a 16 ft. opening which is adjacent to the 20 ft.
wide alley.. The garage is set back 5 feet which provides for a 25 ft.
turning radius into the structure. The garage has a table saw and
bicycles stored in it. Traffic Commission denied the application for
overnight parking permit on the basis there is adequate garage space
to accommodate.two vehicles.
Mr. James Gardner, 5470 Baldwin Avenue, stated he had a permit in
1974, 1975 and 1976 for the same two cars; there is no other available
space for a laundry room; he would rather have his vehicles protected
in his garage but there is not sufficient space. Mr. Gardner added
that he recently acquired a third vehicle for his business.
In answer to inquiry of Councilman Merritt, Mr. Gardner advised he
has purchased a storage shed for the table saw and bicycles.
Council Minutes, March 15, 1977 - Page 4
Councilman Tyrell stated he would not grant a permit for the two
cars as stated on the application, however, moved to grant an over-
night parking permit on the basis of three cars and the filing of
a revised application, seconded by Councilman Gilbertson and carried.
B. White, 5016 N. Daleview
City Manager Koski advised the Traffic Commission, at their regular
meeting held March 2, 1977,. reviewed the application for an overnight
parking permit from Wendy White, 5016 N. Daleview. Applicant has a
trailer parked on the driveway in front of the porte cochere to the
garage which is restricting the use of the garage; the driveway is
10' x 55' and has the trailer and two cars. Traffic Commission
denied the application on the basis that the parking facilities on
the property are not being adequately used.
Wendy White, 5016 N. Daleview, stated the carport cannot be altered
and the only other alternative would be to park the trailer elsewhere
which her parents have done in the past costing $25 per month, which
is an unreasonable demand.
Miss White was advised there are permanent storage areas available
nearby for $10 per month; the Council feels that garages should be
used for the storage of vehicles.
Councilman Tyrell moved to deny the application for overnight park-
ing permit on the basis that the parking facilities on the property
are not being adequately used, seconded by Councilman Merritt and
carried.
13. PROPERTY NUISANCE CASE NO. 76- 37,.613.1 Camellia
City Manager Koski presented background information, stating the
City Council adopted a resolution ordering abatement of the subject
nuisance in September 1976; abatement of the nuisance consisted of
landscaping in the front, side and rear yards to conform with the
neighboring standards, but because of the heavy growth of weeds and
the need to sterilize the ground, Council continued the matter to
March, 1977. Staff investigation reveals the front lawn has been
planted and a view - obscuring fence from the house to the south
property line has been constructed obscuring the view to the side
yard, and would recommend further action in this matter be terminated.
Councilman Gilbertson moved to terminate proceedings pursuant to Sec-
tion 4239 of the Temple City Zoning Code, seconded by Councilman
Tyrell and carried.
14. AMENDMENT TO AGREEMENT - LIVE OAK PARK DEVELOPMENT PROJECT
City Manager Koski advised the State has forwarded an Amendment to
Agreement to all agencies undertaking park improvement projects with
1974 State Park Bond Funds; that existing agreements expire on
June 30, 1977 and the amendment provides for two additional years to
complete projects for those agencies needing additional time At
this time, Live Oak Park is projected to be completed by April 1, 1977,
however, in the event the state audit takes an extended period of
time or other unforeseen circumstances delay the completion, staff
would recommend processing the amendment.
Councilman Gilbertson moved to approve the Amendment to Agreement
with the State of California to extend the Live Oak Park Redevelop-
ment completion date to June 30, 1979, and authorize the Mayor and
City Clerk to sign, seconded by Councilman Tyrell and carried.
15. RESOLUTION NO. 77 -1614: ON CALIFORNIA DROUGHT
Mayor Gilbertson advised he had received a communication from the
Metropolitan Water District requesting the City adopt a resolution
supporting consumer care in the use of water and introduced proposed
resolution.
Councilman Tyrell moved to adopt Resolution No. 77 -1614 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ON CALIFORNIA DROUGHT,
seconded by Councilman Gilbertson and carried.
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Council Minutes, March 15, 1977 - Page 5
16. RESOLUTION NO. 77 -1615: EMPLOYMENT OF PERSONNEL
Councilman Tyrell moved to adopt Resolution No. 77 -1615 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
seconded by .Councilman Gilbertson and carried.
17. RESOLUTION NO. 77-1616: WARRANTS & DEMANDS, Demand Nos. 6153 THRU
6219 in the amount of $25,043,84 `
Councilman Dennis moved to adopt Resolution No. 77 -1616 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $25,043.84, DEMAND NOS. 6153 THRU 6219, seconded
by Councilman Gilbertson and carried.
18. COMMUNICATIONS:
A. Claim for Damages - Mrs. Maxwell Miller
City Manager Koski presented communication from Mrs. Miller claiming
damages which were alleged to have occurred February 22, 1977 in
the vicinity of 5037 N. Doreen from a branch falling from a tree and
striking her automobile.
Councilman Tyrell moved to deny claim and forward to the City's
insurance carrier for further processing, seconded by Councilman
Merritt and carried.
B. Claim for Damages - S. L. Sorrentino
City Manager Koski presented a claim from S. L. Sorrentino for damages
alleged to have occured March 7, 1977 in the parking lot north of
Lloyd's Bank while the driver of the City truck was backing up to
avoid being hit . by another vehicle.
Councilman Tyrell moved to . deny claim and forward to the City's
insurance carrier for further processing, seconded by Councilman
Merritt and carried.
C. Chamber of Commerce re: Request to use Temple City Park, May 22,, 1977
City Manager Koski presented communication from the Chamber of Commerce
requesting permission to use Temple City Park, May 22, 1977, 1 p.m. to
6 p.m. for a community picnic, and to hang a banner announcing the
event.
Councilman Merritt moved to approve request of Chamber of Commerce
to conduct a community picnic at Temple City Park, May 22 from 1 p.m.
to 6 p.m., seconded by Councilman Tyrell and carried.
D. Registrar of Voters re: Request to use Live Oak Park facility
City Manager Koski presented communication from the Registrar of Voters
requesting to use Live Oak Park building to conduct Arcadia Unified
School District Election on April 19, 1977 from 7 a.m. to 8 p.m.
Councilman. Dennis moved to approve the request as a public service,
seconded by Councilman Merritt and carried.
19. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
RECESS TO CRA:
The City Council recessed at 8 ;25 p,m, to meet as the Community Redevelopment
Agency, all members being present; approved the minutes of the regular meeting
held March 1, 1977; accepted bid for the sale of surplus furniture; adopted
resolution approving warrants and demands. The minutes are set forth in full
in the record of the Agency.
RECONVENE AS CITY COUNCIL;
20. ACTION ON REQUEST BY CRA:
There was no action to be taken.
Council Minutes, March 15, 1977 - Page 6
21. MATTERS FROM CITY OFFICIALS:
A. Request to attend 1977 American Institute of Planners Conference,
Director of Planning, Long Beach - April 5 -8, 1977
City Manager Koski presented a request from the Director of Planning
to attend the 1977 American Institute of Planners Conference to be
held in Long Beach, April 5 -8, 1977. Funds have been allocated in
the 1976 -77 budget to cover the expenses.
Councilman Tyrell moved to approve the Planning Director's attendance
at the AIP Conference in Long Beach, April 5 -8, 1977, with attendant
expenses, seconded by Councilman Merritt and carried.
B. Budget Amendments - Public Works Employment Act Grants
City Manager Koski advised City Council, at their regular meeting
held January 18, 1977, accepted the Offer of Grant in the amount of
$167,473 for the improvements of alleys; at their regular meeting
held February 15,'1977, Council accepted the Offer of Grant in the
amount of $418,237 for streets and sidewalks; Council action did not
formally amend the adopted budget which will be necessary to establish
accounts for the Public Works Employment Act grants.
Councilman Tyrell moved to amend the 1976 -77 budget in the amount of
$585,710 to allow for adjustment within the adopted budget, seconded
by Councilman Dennis and carried.
C. California Contract Cities Seminar - Palm Springs, May 12 -15, 1977
On motion by Councilman Merritt, seconded by Councilman Gilbertson
and carried, Council authorized hotel reservations and registration
for those City Officials who express a desire to attend the 18th
Annual Municipal Seminar.
D. Request Authorization to Recruit for Summer Recreation Program
City Manager Koski presented a request from the Parks and Recreation
Director for authorization to begin recruiting for the department's
summer recreation program prior to the appropriation of the necessary
funds to be recommended as a part of the 1977 -78 budget.
Councilman Gilbertson stated this is one of the finest programs
offered to the residents, and moved to authorize recruitment for
necessary personnel to conduct the summer recreation program, based
on the department's need to recruit competent part time staff,
seconded by Councilman Merritt and carried.
E. Councilman Gilbertson stated as Council liaison to the Finance
Committee he had met with City Manager Koski and City Treasurer Joan
Downey. It has been the policy of the Council that funds should be
invested within the community, seeking the best possible interest;
funds have been fairly well divided between the three local banks.
Funds can now be invested in savings and loan institutions or the
new Local Agency Investment Fund, a special fund in the state treasury
created by law. The committee concurs with the City Treasurer's
current investment program based upon existing City policy and will
continue depositing the public funds among the three local banking
institutions subject to any change in the future which Council may
deem advisable.
F. Councilman Tyrell ..advised the school district is not going to co
tribute financially to the Juvenile Diversion Project in the coming
year, which will limit the City's ability to participate in the
project. A number of alternatives are being studied.
G. Mayor Greenberg advised he had received a letter from Rapid
Transit District requesting support for a proposed amendment to
district law to prohibit employee strikes. Council took no action.
Council Minutes, March 15, 1977 - Page 7'
Mayor Greenberg directed Council's attention to Supervisor Baxter
Ward's proposal for tax reform. Council expressed a communication
be forwarded to Supervisor Ward from the Mayor expressing Council's
.'c,n.cerns with the proposal as presented.
Mayor Greenberg also directed Council's attention to communication
from the League of California Cities outlining the alternatives for
payment of the building assessment for the League's permanent head-
quarters building in Sacramento.
Councilman Merritt moved to approve a lump sum one -time payment in
the amount of $5,215.20 prior to August 1, 1977, seconded by Coun-
cilman Dennis and carried.
Mayor Greenberg directed Council's attention to the Community
Seminar to be held Saturday, March 19, Griswald's in Claremont; the
Conservation Forum to be held Wednesday, March 23, 7:30 p.m. in the
City Hall; and the personal safety program to be held three consecu-
tive nights, March 29, 30 and 31, 7:30 p.m. in the City Hall.
22. ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman Gilbertson.,
meeting adjourned at 8:40 p.m. Next regular meeting of the City
Council will be held Tuesday, April 5, 1977, 7:30 p.m. in the Coun-
cil Chamber of the City Hall.
ATTEST:
Ch -> Deputy City Clerk