HomeMy Public PortalAboutCity Council_Minutes_1977-05-03_Regular 19771
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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