Loading...
HomeMy Public PortalAboutCity Council_Minutes_1977-05-03_Regular 19771 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 3, 1977 INITIATION: 1. CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, May 3, 1977, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Paula Luera - Whitmore, Temple City Christian Church, 9723 Garibaldi Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor .Merritt. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Dennis, Gilbertson, Greenberg,Tyrell,Merritt Councilmen -None City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett, Deputy City Engineer Kriegel 5. APPROVAL OF MINUTES: Councilman Greenberg moved to approve the minutes of the regular meeting held April 19, 1977, as written, seconded by Councilman. Dennis and carried, Councilman Gilbertson abstaining. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. TEMPLE CITY IMPROVEMENT NO. 5 - LOMA AVENUE SEWER IMPROVEMENT PROJECT City Manager Koski presented background information, stating City Council, at their regular meeting held March 15, 1977, accepted the report of the City Engineer for Improvement No. 5, Loma Avenue Sewer Improvement Project, and adopted resolution setting May 3 as the time for hearing. Also at the meeting held March 15, City Council directed City Clerk to publish Notice Inviting Bids for the con- struction work to be accomplished and Notice of Sale of Bonds. Notices were advertised in the Temple City Times and on April 19, 1977, six construction bids were received, the apparent low bidder being Mladen Buntich in the amount of $9,595; five bond bids were received, the most favorable being submitted by Santee Realty Company with a bond premium of $37 and a net interest rate of 5.96 %. Recommendations from the City Engineer are contained in his letter dated April 25. City Attorney Martin questioned the Deputy City Engineer, Gordon Kriegel, relating to jurisdictional matters; e.g. whether he was familiar with the plans and specifications and the report for the project, whether all the property in the district will be benefitted by the proposed improvements, each answered in the affirmative. City Attorney Martin then inquired of the City Clerk whether any written protests were received, City Clerk answering in the negative. Mayor Merritt declared the public hearing and invited anyone wishing to speak to the subject to come forward. There being no one in the audience come forward to speak, Councilman Tyrell moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Tyrell moved to adopt Resolution No. 77 -1627 A RESOLUTION CONFIRMING ASSESSMENT, ORDERING RIGHTS OF WAY ACQUIRED, AND IMPROVE- MENT MADE, seconded by Councilman Dennis and carried. Council Minutes, May 3, 1977 - Page 2 Councilman Gilbertson moved to approve actions 1 through 5 as listed in the City Engineer's letter dated April 25, as follows: 1) award the contract for construction to Mladen Buntich in the amount of $9,595; 2) instruct the City Engineer to prepare the contract and authorize the Mayor and City Clerk to sign; 3) award the bonds to be issued to represent unpaid assessments to Santee Realty Company with a bond premium of $37 and a net interest rate of_ 5.96 %; 4) instruct the City Clerk to forward two copies of Notification of Public Works Contract Award forms to the Division of Apprenticeship Standards, State Department of Industrial Relations; and 5) authorize and direct the City Treasurer to transfer from the Reserve Fund to the Improve- ment Fund the sum of $9,600 as a loan, seconded by Councilman Greenberg and carried. 7. PUBLIC HEARING: 7:30 p.m. STREET IMPROVEMENTS - INSTALLATION OF STREET LIGHTS, GREEN STREET, GLICKMAN AVENUE TO EASTERLY TERMINUS (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) City Manager Koski presented background information, stating the City Council, at their regular, meeting of April 5, 1977, set a public hearing for the installation of four 7,000 lumen lights to be instal- led on existing wood poles located on the north side of Green Street within the subject limits. The petition for the street lights was returned with 65.5% of the front footage of the block representing; property owners in favor of the improvement; however, the percentage is reduced to 62% as one of the properties requiring three signatures had only one, There will be no installation charge as the lights would be installed on existing, wood poles, energy and maintenance charges for one year are $303.90, to be divided equally among all property owners, with the exception of the property located at 10207 which is presently in Zone A of the lighting district. Mayor Merritt declared the public hearing open and invited anyone wishing to speak . to the subject to come forward. There being no one in the audience wishing to speak, Councilman Dennis moved to close the public hearing, seconded by Councilman Greenberg and carried. Councilman Tyrell expressed concern regarding the use of energy and questioned whether three lights would produce sufficient light, and inquired whether staff discussed energy conservation with the petitioners, Assistant City Manager Biel advised the energy 'issue has not been addressed to the petition process by City Council to date, and that it would be a consideration only if Council adopted such a policy. Councilman Gilbertson stated in his opinion if the majority of the property owners want street lights in accordance with City standard, Council should go along with it. Councilman Gilbertson moved to certify the Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the State guidelines and that the City Council has reviewed and considered the information contained in the report, seconded by Councilman Dennis and carried. Councilman Gilbertson moved to find the project to be in the best public interest and instruct the Superintendent of Streets to cause the work to be accomplished and to report on the installation of improvements when the work is completed, and instruct the Superin- tendent of Streets to cause to be prepared a legal description of those properties abutting Green Street, 12000 block and initiate proceedings to annex the area into Zone A of the Lighting District, seconded by Councilman Dennis and carried. NEW BUSINESS: 8. RESOLUTION NO. 77 -1629: EMPLOYMENT OF PERSONNEL Councilman Tyrell moved to adopt Resolution No. 77 -1629 A RESOLUTION Council Minutes, May 3, 1977 - Page 3 OF THE CITY COUNCIL APPOINTING TEMPORARY PERSONNEL, seconded by Councilman Greenberg and carried. 9. RESOLUTION NO. 77 -1630: WARRANTS & DEMANDS, DEMAND NOS. 6486 THRU 6578 IN THE AMOUNT OF $49,496.65 Councilman Gilbertson moved to adopt Resolution No. 77 -1620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $49,496.65, DEMAND NOS. 6486 THRU 6578, seconded by Councilman Greenberg and carried. 10. COMMUNICATIONS: City Manager Koski advised the communication listed on the Council agenda properly belongs under Item 12, Action on Request by CRA. 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. William Tolman, 5033 Sultana, inquired what recourse she would have under Ordinance No. 77 -446 relating to parking of commercial vehicles on residential properties and the procedures she would follow to seek relief, stating her husband has been parking his semi- tractor on their driveway since 1955.$ City Attorney Martin advised Council this ordinance had been adopted without input from the owner- operators of commercial vehicles; that they have generally protested the ordinance and suggest'some modi- fication, such as a permit. Planning Commission has requested a copy of the City of Bellflower ordinance which has been reputed to be similar, however, the Planning Commission has not met since receipt of that ordinance. Any modification to the ordinance would be initiated by the Planning Commission. City Council had copies of the City of Bellflower ordinance available to them and directed the ordinance be forwarded to the Planning Com- mission for their review and comments. Mr. NormalBronner, 50,43 Sultana, stated he lives next to the Tolmans and has no objection to their parking the semi - tractor in their drive- way, where, in his opinion, it would be safe. RECESS TO CRA: The City Council recessed at 8:02 p.m. to meet as the Community Redevelop- ment Agency, all members being present; approved the minutes of the regular meeting held April 19, 1977; approved request from the City to make defi- ciency payment on behalf of the City in the amount of $155,477.50 for the rental period of April 15, 1977, to October 15, 1977 pursuant to Section 202 of the Reimbursement Agreement between City and Agency; approved proposed signs for Builders Emporium; and adopted resolution approving warrants and demands. The minutes are set forth in full in the record of the Agency. 12. ACTION ON REQUEST BY CRA: PARKING LOT LEASE AGREEMENT CRA /CITY DATED DECEMBER 1, 1974 - RENTAL PAYMENT City Manager Koski presented advisory from Community Redevelopment Agency indicating the City has an obligation under the Lease Agree- ment dated December 1, 1974 to pay rent for the period of April 15, 1977 to October 15, 1977 which has been satisfied by reason of a credit allowed in the amount of $75,000.00 per Section 10 of CRA Resolution No. 74 -20 (use of surplus bond funds), and,a deficiency payment by the Agency in the amount of $80,477.50 pursuant to Section 202 of the Reimbursement 'Agreemei.t' between Agency and City, for a total obligation of $155,477.50. Council Minutes, May 3, 1977 - Page 4- 13. MATTERS FROM CITY OFFICIALS: A. 2156 REPORT - STREETS AND HIGHWAYS CODE City Council received initial report to the California Department of Transportation detailing progress made on construction and improvement of City streets and County road systems and providing estimates of future needs of these systems required under Section 2156 of the Streets and Highways Code. Council deferred the matter to the next regular meeting to be held May 17,1977. B. City Attorney Martin advised the City had received comments from the National Institute of Municipal Law Officers relating to proposed litigation challenging the Federal Unemployment Compensation Amendments of 1976, seeking financial support. City's share would be $2,500, the alternative being approximately. $3 for each person of population for the three years of litigation. Councilman Tyrell moved to approve City's share, of litigation in the amount of $2,500 and appropriate additional funds in that amount and amend the adopted budget accordingly, seconded by Councilman Gilbertson and carried. C. Councilman Gilbertson presented Resolution supporting Ventura County redesignating another entity as their APO, MPO and A -95 Authority, supported in concept by City Council. Councilman Tyrell moved to adopt Resolution No. 77 -1631 A RESOLUTION OF SUPPORT FOR VENTURA COUNTY REDESIGNATING ANOTHER ENTITY AS THEIR APO, MPO AND A -95 AUTHORITY and direct a copy be forwarded to Super- visor Schabarum and the Board of Supervisors of Ventura County, seconded by Councilman Greenberg and carried. D. Councilman Gilbertson reported to Council on the organizational and structural development of the San Gabriel Valley Association of Cities, expressing his concern that the association adopted a pro- posal for the formation of a City Manager's Department and no action has taken place. Councilman Gilbertson expressed disappointment that the President of the association, in the midst of county reform activities, has announced her candidacy for Board of Supervisors, creating a conflict of interest. In his opinion, he feels the association should submit a program of work when they submit their budget for approval and support of the cities in view of, the lack of progress in the past year. Councilman Tyrell moved the Council direct a communication to the Board of Directors of the San Gabriel Valley Association of Cities requesting Elaine Donaldson resign as President of the Association, seconded by Councilman Gilbertson and carried. E. Councilman Gilbertson advised he attended a meeting in Santa Monica of a group whose concept is to work toward alternatives to breaking Los Angeles County into smaller governmental units. Councilman Gilbertson also advised the Los Angeles City Council voted to investigate the formation of a City- County. Santa Monica does not desire to be a part of Los Angeles City- County and are beginning their development of the formation of a City - County of Santa Monica. Councilman Gilbertson advised he testified before the Assembly Com- mittee on Local Government in Long Beach April 29 at which time Assemblyman Cullen requested he seek the support of the City Council to go to Sacramento on May 17 to testify before the Committee on Local Government regarding some of the problems from the background on Los Angeles County secession. Councilman Tyrell moved to authorize the necessary expenses for Councilman Gilbertson to go to Sacramento to testify before the Committee on Local Government, seconded by Councilman Dennis and carried. Council Minutes, May 3, 1977 - Page F. Councilman Gilbertson requested an investigation whether to place red curbing at the southwest corner of Rio Hondo and Lower Azusa Road. Council referred the matter to Traffic Commission. G. Councilman Gilbertson stated that in reading the minutes of the City Council meeting of April 19, 1977, he noted Council's support of Juvenile Diversion project and expressed some concern that Council would compromise their policy of refraining from entering into social services area. H. Councilman Greenberg stated that at Council's last meeting he had urged Council adopt a policy requiring a new commissioners' orientation program, and requested official action at this time. Councilman Gilbertson moved the City adopt a policy of requiring a new commissioners' orientation program to include the Mayor, City Attorney and City Manager, seconded by Mayor Merritt and carried. 14. ADJOURNMENT: On motion by Councilman Tyrell, seconded by Councilman Greenberg, meeting adjourned at 8:45 p.m. to a study session to consider Animal Control services. Next regular meeting of the City Council will be held Tuesday, May 17, 1977, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk -w MAYOR