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HomeMy Public PortalAboutCity Council_Minutes_1977-04-19_Regular 1977CITY OF 'TEMPLE CITY CITY COUNCIL MINUTES APRIL 19, 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, April 19, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Mortimer Dean, First United Methodist Church, 5957 N. Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Greenberg. 4. ROLL CALL: Present: Councilmen- Dennis, Merritt, Tyrell, Greenberg Absent: Councilmen- Gilbertson Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett, Traffic Engineer Envall Councilman Merritt moved to excuse Councilman Gilbertson for cause, seconded by Councilman Tyrell and carried. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular meeting held April 5, 1977,, as written, seconded by Councilman Merritt and carried. REORGANIZATION: Mayor Greenberg commented on the status of the development in the Rosemead Boulevard Redevelopment Project ;area; the near completion of Phase I of the Live Oak Park development, giving recognition to the many service, youth and fraternal organizations, Commissions, school board, and Chamber of Commerce for their volunteer service in its development; the orientation program for newly appointed commissioners, stating he would urge City Council to adopt a policy which would require an orientation for new commissioners; and thanked Council, Department Heads and staff for their support and cooperation during his year as. Mayor. At this time he turned the gavel over to the City Clerk. City Clerk assumed the Chair and opened nominations for the Office of Mayor for the coming year. Councilman Dennis nominated Councilman Merritt for the Office of Mayor, seconded by Councilman Greenberg. Councilman Greenberg moved that nominations be closed and a unanimous ballot be cast for Councilman Merritt, seconded by Councilman Dennis. Councilman Tyrell stated it has usually been the policy that Mayor Pro Tem will follow as Mayor in the ensuing year, however, there has also been a tradition not to select anyone to the post of Mayor if that position could be used as an, aid to a future re- election. Councilman Merritt's .term will end in. April 1978 and for that reason he would object to his selection for the ensuing year and called for a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Greenberg, Merritt NOES: Councilmen - Tyrell Council Minutes, April 19, 1977 - Page 2 Mayor Merritt accepted the gavel, stating he has never been strongly in favor of the idea that a Councilman who is a candidate for re- election should not serve as Mayor; that at one time a Council- man who was very qualified to be Mayor was passed over because of policy and then never served as Mayor because he was not re- elected. He does not feel, however, that the position of Mayor should be used as an aid to re- election. Mayor Merritt expressed appreciation of the dedicated leadership provided by former Mayor Greenberg during the past year. Mayor Merritt called for nominations for the Office of Mayor Pro Tem. Councilman Greenberg nominated Councilman Tyrell for the Office of Mayor Pro Tem, seconded by Mayor Merritt. Mayor Merritt moved that nominations be closed and a unanimous ballot be cast for Councilman Tyrell, seconded by Councilman Dennis and carried. APPOINTMENTS: Mayor Merritt made the following committee appointments, following which it was moved by Councilman Tyrell, seconded by Councilman Dennis and carried that the appointments be confirmed: Ad Hoc Committee - Community Development Louis T. Gilbertson Finance Committee Public Safety (Civil Defense, Law Enforcement & Emergency Reserve) Sister City Couimittee West San Gabriel Valley Juvenile Diversion Project California Contract Cities Everett H. Greenberg Louis T. Gilbertson Jack R. Tyrell William I. Dennis Louis T. Gilbertson Jack R. Tyrell Everett H. Greenber Louis W. Merritt Jack R. Tyrell L. A. County Library Board Everett H. Greenberg L. A. County Sanitation District Louis W. Merritt Everett H. Greenberg League of California Cities William I. Dennis Everett H. Greenberg So. California Association Everett H. Greenberg of Governments Louis T. Gilbertson So. California Rapid Transit District and City Selection Committee Upper San Gabriel Valley Water District San Gabriel Valley Association of Cities William I. Dennis Louis T. Gilbertson Louis `W. Merritt Louis T. Gilbertson Everett H. Greenberg Councilman Tyrell moved to adopt Resolution No. 77 -1623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINT- ING A MEMBER OF SAID COUNCIL OF SAID CITY TO THE RTD CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE. PUBLIC UTILITIES CODE, namely Councilman William I. Dennis, with Councilman Louis T. Gilbertson serving as alternate, seconded by Councilman Dennis and carried. Councilman Tyrell moved to adopt Resolution No. 77 -1624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN ALTERNATE DIRECTOR OF COUNTY SANITATION DISTRICT NO. 15, namely Councilman Everett H. Greenberg, seconded by Councilman Dennis and carried. Council Minutes, April 19, 1977 - Page.3 UNFINISHED BUSINESS: 7 WEST SAN GABRIEL VALLEY JUVENILE DIVERSION PROJECT - 4th YEAR FUNDING Mrs. Cleo Harvey, Project Director, stated the Juvenile Diversion Project has served over 1,850 youths since its inception in 1974 as a joint effort of eight cities to coordinate a community -based youth services system to function as an alternative to the present juvenile justice system. Mrs. Harvey presented a brochure showing a map of the areas served, briefly outlined program objectives and advised their negative termination rate has declined to 10% with the improvement of their follow -up procedures. Councilman Tyrell advised that outside funding will terminate June 30, 1977 and alternative funding must be provided or a reduction in the level of service. Councilman Dennis stated he is not convinced the police and school agencies could not refer juveniles directly to the counselling agencies rather than going through the diversion project. Mayor Merritt stated that unless there is an exceptional reason for a decision at this time, the matter should be considered in budget session. Councilman Greenberg stated he is in favor of the project and would favor continuing in some fashion, but the degree of involvement would have to be considered when we know whether other cities will continue participation which will determine the cost for funding such a program. It was the consensus of the Council to continue this matter to a study session to beheld following the regular agenda. 8 ACCEPTANCE OF BID: OAK AVENUE: LAS TUNAS DRIVE TO GARIBALDI AVENUE - CASH CONTRACT NO. 9758X City Manager Koski advised that City Council, at their regular meeting held February 15, 1977, authorized the advertising and receiving of bids for street improvements under Cash Contract 9758X and approved the tentative schedule of events. Five bids were received on March 29, 1977. The apparent low bidder is Norlund Construction, Inc. in the amount of $50,266.42, which is approximately 15% below the Engineer's estimate. Verbal authorization to award the contract has been received from the State which is funding this pro- ject under the Federal Highway Act. Councilman Tyrell moved to accept the low bid of $50,266.42 from Norlund Construction, Inc. and authorize the Mayor and City Clerk to sign, seconded by Councilman Greenberg and carried. 9. ACCEPTANCE OF BID: PUBLIC WORKS EMPLOYMENT ACT - STREETS AND SIDEWALKS CASH CONTRACT NO. 1225X City Manager Koski advised that City Council, at their regular meeting held March 15, 1977, approved the plans and specifications for street and sidewalk construction under Cash Contract 1225X and authorized the advertising and receiving of bids. Six bids were received and opened by the City Clerk April 14, 1977. The apparent low bidder is Norlund Construction, Inc. in the amount of $289,413.15 which is approximately 8% below the Engineer's estimate. Los Angeles County Road Department has recouunended acceptance of the low bidder. Councilman Greenberg moved to accept the low bid of Norlund Construction, Inc. in the amount of $289,413.15 and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. Council Minutes, April 19, 1977 - Page 4 10. AMENDMENT TO AGREEMENT: FAU FUNDS - LOCAL AGENCY /STATE CONTRACT #47 LOWER AZUSA ROAD PROJECT City Manager Koski presented background information, stating the City Council, at their regular meeting held January 6, 1976, adopted a resolution approving the master agreement between the City and the State of California for Federal Aid Urban System projects. The Department of Transportation has submitted. Supplemental No. 1 to Local Agency /State Agreement No. 47 for the Lower Azusa Road improve- ment project, providing for conditions for utilizing FAU funds. Councilman Tyrell moved to adopt Resolution No. 77 -1625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 1 TO LOCAL AGENCY - STATE AGREEMENT FOR FEDERAL -AID URBAN SYSTEM PROJECT (FAU) and authorize the Mayor and City Clerk to sign agreement, seconded by Councilman Dennis and carried. 11. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of April 6, 1977 A. ENCINITA AVENUE - LAS TUNAS TO SOUTHERN PACIFIC RAILROAD - Change of Speed Limit City Manager Koski presented background information, stating following the completion of the improvement of Encinita Avenue from Las Tunas Drive to Broadway, a traffic survey was conducted to determine the proper speed for radar enforcement, which is required if there is a change of existing conditions. Traffic Engineer advised that as a result of the traffic engineering survey 35 mph is reasonable and prudent. Traffic Commission, at their regular meeting held April 6, 1977, considered the Traffic Engineer's report and recommended the posting of 35 mph speed limit signs on Encinita Avenue from Las Tunas Drive to the Southern Pacific Railroad tracks. Councilman Tyrell expressed concern with the 25 mph advisory sign in advance of Eaton Wash which the Traffic Engineer recommended would remain unchanged, in view of the heavy trucks entering the stream of traffic from La Rosa Drive. Councilman Merritt stated he would be more concerned with automobiles exiting from La Rosa Drive since visibility would be more of a problem. Councilman Greenberg stated the posting of 35 mph signs, in his opinion, would result in higher speeds on Encinita Avenue, however the courts will not honor citations unless the speed limit reflects the results of the survey. Councilman Dennis stated he felt there is a need to reduce the speed on the advisory sign. Traffic Engineer Envall stated the distance between the crown and La Rosa Drive is sufficient to avoid problems, however he can investigate the necessity of reducing the posted speed on the advisory sign. Councilman Dennis moved to approve the Traffic Commission recom- mendation to post 35 mph speed limit signs on Encinita Avenue from Las Tunas Drive to the Southern Pacific Railroad tracks, and instruct the Traffic Engineer to review the need to reduce the advisory sign speed limit in advance of Eaton Wash and bring his recommendation back to City Council, seconded by Councilman Greenberg and carried. B. ALLEY INTERSECTION LIGHTING City Manager Koski advised the Traffic Commission, at their regular meeting held April 6, 1977, reviewed the lighting of alleys at Council Minutes, April 19, 1977 - Page 5 intersections within the business district referred by Councilman Merritt. The alleys in question are located north and south of Las Tunas Drive from Cloverly Avenue to Golden West Avenue. Presently there are four intersections which are lighted and five which are not lighted even though there are existing wood poles at the five alley intersections. Traffic Couuuission recommended the installation of 7,000 lumen lights on the existing wood poles at five alley intersections within the business district based on the fact to provide continuity in lighting at all north -south alleys would be in the best interest of safety. Councilman Tyrell stated in his opinion headlights become more visible when entering intersections if not too brightly lighted, and expressed concern regarding the added use of energy. Councilman Greenberg inquired about the use of 3,500 lumen lights and was advised the costs are about the same. Councilman Greenberg moved to approve Traffic Commission recom- mendation.to install 7,000 lumen lights on existing wood poles at five alley intersections within the business district as shown on the exhibit, seconded by Councilman Dennis and carried. C. Council received and filed a staff memo relating to various items referred to the Traffic Commission from the Sheriff's Depart - ment; i.e., road reflectors on select system streets, investigation of traffic conditions at the intersection of Golden West Avenue and Lemon Avenue, and the placing red curb on the north side of Lower Azusa Road in front of the 7 -11 Market. 12. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of April 12, 1977 AMEND ZONING CODE RELATING TO SITE PLAN REQUIREMENTS FOR R -2 DEVELOPMENT City Manager Koski presented background information stating the Planning Commission, at their regular meeting held April 12, 1977, held public hearing and adopted resolution recommending amendment to Section 9352(4)(c)(7) of the Temple City Zoning Code. Councilman Tyrell moved to set public hearing May 17, 1977 to consider Planning Commission recommendation, seconded by Councilman Greenberg and carried. 13. REQUEST FOR MODIFICATION OF ZONE VARIANCE CASE 69 -283, 5522 GRACEWOOD SANTA ANITA CONVALESCENT HOSPITAL City Manager Koski presented background information, stating a variance to expand existing facilities of Santa Anita Convalescent Hospital was granted by the City Council on July 1, 1969; the original request was for a 90 -bed addition, nurses quarters of 16 units, and storage and parking facilities. On March 29, 1977 applicant submitted a request to modify the zone variance to eliminate nursing quarters and increase the retirement center from 90 to 100 beds. Councilman Tyrell moved to set public hearing May 17, 1977 to consider request for modification of zone variance and refer the matter to the Planning Commission for their review and recommendation, seconded by Councilman Greenberg and carried. 14. RESOLUTION NO. 77 -1626: WARRANTS & DEMANDS, DEMAND NOS. 6372 THRU 6485 IN THE AMOUNT OF $86,155.31 Councilman Dennis moved to adopt Resolution No. 77 -1626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $86,155.31, DEMAND NOS. 6372 THRU 6485, seconded by Mayor Merritt and carried, Councilman Greenberg noting his non - participation with regard to check number 6459. Council Minutes, April 19, 1977 - Page 6 15. COMMUNICATIONS: A. Community Disposal Company - Request for rate increase for Street Sweeping City Manager Koski presented a communication from Community Disposal Company requesting an increase pursuant to paragraph 2 of their agreement, citing that the cost for operating has increased approxi- mately 87. Councilman Tyrell moved to approve an 8% rate increase effective July 1, 1977 and authorize the Mayor and City Clerk to sign amendment to agreement, seconded by Councilman Greenberg and carried. B. Claim for Damages - Frank Falasco, 1226 Second Avenue, Arcadia City Manager Koski presented a claim for damages from Frank Falasco, for injuries alleged to have been sustained January 23, 1977 at Live Oak Park. Councilman Tyrell moved to deny claim and refer to city's insurance carrier for further processing, seconded by Councilman Greenberg and carried. C. Chamber of Commerce re: Request for Study Session City Manager Koski presented a communication from the Temple City Chamber of Commerce requesting an opportunity to meet with City Council regarding the program of work and budget for fiscal year 1977 -78. Councilman Greenberg moved to meet in study session with members of the Chamber following the regular City Council meeting to be held May 3, 1977, seconded by Councilman Tyrell and carried. D. Claim for Damages - James Schneider, 5750 Primrose Avenue City Manager Koski presented a claim for damages from James Schneider for damages to his automobile alleged to have occurred from a tree limb falling on the roof of his car parked at 5750 Primrose Avenue on March 12, 1977. Councilman Tyrell moved to deny claim and refer to city's insurance carrier for further processing, seconded by Councilman Greenberg and carried. 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Kenneth Gillanders, 4831 Ryland Avenue, inquired whether the public would have an opportunity to make some input during the study session with Parks and Recreation Commission relative to lighting at Live Oak Park. Mr: Gillanders was advised the public is welcome to sit in and to speak to the issue. RECESS TO CRA: The City Council recessed at 8:36 p.m. to meet as the Community Redevelop- ment Agency, Mr. Gilbertson being absent; approved the minutes of the regular meeting held April 5, 1977; approved Declaration of Establishment of Easements, Covenants and Option between Agency and Albertson's, Clark and Colonial Properties and request City Council consent; approved the wall signs for EGS shops and concept of the signs for futtire tenants; and adopted resolution approving warrants and demands. The minutes are set forth in full in the record of the Agency. RECONVENE AS CITY COUNCIL: 17. ACTION ON REQUEST BY CRA: A. CONSENT TO EASEMENTS AND COVENANTS - AGENCY /DEVELOPERS On motion by Councilman Tyrell, seconded by Councilman Dennis and carried, Council approved request of the Community Redevelopment Agency to consent to easements and covenants between the Agency and developers and authorized City Clerk to sign. Council Minutes, April 19, 1977 - Page 7 18. MATTERS FROM CITY OFFICIALS: A. SIDEWALK PETITION - ROWLAND AVENUE, WEST SIDE, LIVE OAK AVENUE TO WORKMAN AVENUE City Manager Koski presented petition for sidewalks circulated among property owners on the west side of Rowland Avenue in the 5700 block signed by property owners representing 50% of the front footage. Councilman Tyrell moved to set public hearing May 17, 1977 to consider the petition for sidewalks, seconded by Councilman Greenberg and carried, B. Councilman Greenberg suggested Council request a specific pro- posal to enlist the aid of the citizens of Temple City in initiating neighborhood programs designed to actively involve the people of our community in an effort to reduce crime and the need for called for services as outlined in Captain Hansen's letter dated April 1, 1977. C. Councilman Dennis requested the Animal Control report sent to Council recently be placed on the agenda for study session May 3; 1977. D. Mayor Merritt stated he had no new goals at this time but would continue to work toward downtown development, the completion of Live Oak Park development, provide recreational facilities in '.the north end of the City; and work with the senior citizens. Mayor Merritt recessed at 8:45 p.m. to meet with the Parks and Recreation Commission in study session. Joint study session convened at 9 p.m. to discuss Phases I, II, and III of the Live Oak Park Master Plan Development. Parks and Recreation Commission Chairman Adams discussed the phases of work yet to be accomplished at Live Oak Park and stressed the desirability of proceeding with completion of the lighting of the second ball diamoxrl.and field area as part of Phase III development and the construction of three tennis courts also contained in Phase III.' There were various comments by the Commission members on the need for lighting additional portions of the park. Several youth group representatives also requested the installation of lighting at Live Oak Park to accommodate expanding programs. It was the consensus of the. City Council the energy crises must be carefully considered before the appropriation of funds for lighting facilities which may or may not be useable in the future depending upon the availability of electrical energy for recreation purposes. It was agreed that the Parks and Recreation Commission would meet with several persons representing community youth groups using Live Oak Park facilities to discuss future needs related to the energy conservation proposals to be made by President Carter on April 20, 1977. It was the consensus of the Parks and Recreation Commission and City Council to proceed with application for funding of the three tennis courts as provided in Phase III development of Live Oak Park. City Council reconvened at 9:45 p.m. On motion by Councilman Tyrell, seconded by Councilman Greenberg and carried, Council adopted Resolution No. 77 -1628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR LIVE OAK PARK IMPROVEMENT PROJECT, Councilman Dennis objecting. WEST SAN GABRIEL VALLEY JUVENILE DIVERSION PROJECT - 4th YEAR FUNDING Mrs. Cleo Harvey, Director of West San Gabriel Valley Juvenile Diversion Project, presented a report on the project activities to date and advised Council that outside funding sources would Council Minutes, April 19, 1977 - Page 8 terminate June 30, 1977 and in order to continue the project the member cities are requested to provide the alternate funding for the continuation of the program. Mrs. Harvey indicated that applications for funding have been made to various agencies and it is possible that funds from agencies other than the member cities may be available. In order to provide for an orderly transition to take place July 1, 1977, it is essential that the member cities indicate whether they wish to continue participation in the joint powers project and will allocate funds for the admini- stration and client services. Councilman Tyrell indicated the project directors would meet April 20, 1977 and requested Council give him some indication as to their position on the city's continuing in the program. It was the consensus of the Council that there is a definite need for the program and they wished to continue participation in the project, estimated cost to be $15,000- $20,000; however, the final decision of the City to remain with the project will be subject to all the cities participation, and adequate city funds available as a part of the approved final budget for fiscal year 1977 -78. 19. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Greenberg meeting adjourned at 10:30 p.m. Next regular meeting: of the City Council will be held Tuesday, May 3, 1977, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: v"(fi!YLCc, Ch of Deputy City Clerk MAYOR