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HomeMy Public PortalAboutCity Council_Minutes_1985-01-15_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 15, 1985 INITIATION: 1. CALL TO ORDER: .Mayor Swain called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, January 15, 1985, in the Council Chamber of the City Hall.' 2. The invocation was given by Dr. Ed Linberg, Temple City Christian Church, 9723 Garibaldi. Councilman Tyrell expressed his appreciation to Dr. Linberg for a job well done. Dr. Linberg has accepted a ministerial position in Mission Viejo. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell, Swain Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks & Recreation Director Kobett, Public Works Coordinator Peterson, and Julie Estrada of the Temple City Times. 5 . CONSENT CALENDAR: Mayor Swain requested items E and M be removed from the Consent Calen- dar. On motion by Councilman Tyrell seconded by Councilman Gillanders all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of December 14, 1984 Approved as written. B. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION MEETING OF DECEMBER 19, 1984 - REQUEST FOR USE OF LIVE OAK PARK FACILITIES (TEMPLE CITY SENIOR CITIZENS CLUB) Approved recommendation for use of Live Oak Park facilities by the Senior Citizens Club for their weekly meetings subject to the required Certificate of Insurance. C. RECOMMENDATION FROM TRAFFIC COMMISSION - MEETING OF JANUARY 2, 1985, REQUEST FROM KIWANIS CLUB OF TEMPLE CITY - ANNUAL LINE OF DIMES CAMPAIGN - JANUARY 25, 1985 Approved recommendation for the Kiwanis Club to conduct their annual line of dimes campaign subject to the required Certificate of Insurance and authorized the necessary traffic restrictions. D. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF JAN. 8, 1985 (1) SET PUBLIC HEARING: TENTATIVE TRACT MAP 43570 AND CONDI- TIONAL USE PERMIT 84 -471 TO ALLOW DEVELOPMENT OF A SIX -UNIT ._RESIDENTIAL CONDOMINIUM (9646 Longden Avenue) Set public hearing February 5, 1985, regarding construction of a six -unit: condominium. (2) PLANNING COMMISSION ACTION Received and filed a memo from the Planning Commission relating to action taken at their regular meeting of January 8, 1985. Council Minutes, January 15, 1985 - Page 2 F. BUDGET ADJUSTMENT - STREET IMPROVEMENTS - CURB AND GUTTER PROJECT 84/85 -1, GREEN STREET, GOLDEN WEST AVENUE, LEMON AVENUE (CHAPTER 27, IMPROVEMENT ACT OF 1911, STREETS AND HIGHWAYS CODE) Approved appropriation of additional funds in the amount of $40,190.50 and amended the adopted budget accordingly. G. SET PUBLIC HEARING: ASSESSMENTS FOR STREET LIGHTING IMPROVEMENTS McCLINTOCK AVENUE, GRAND AVENUE TO FAIRVIEW AVENUE Accepted the installation of four street lights; set public heari for February 5, 1985, to approve assessments; and instructed the Superintendent of Streets to so notify the property owners. H. SET PUBLIC HEARING: ASSESSMENTS FOR STREET LIGHTING IMPROVEMENTS IVAR AVENUE, GARIBALDI AVENUE TO HERMOSA Accepted the installation of four street lights; set public hear- ing for February 5, 1985, . to approve assessments; and instructed the Superintendent of Streets to so notify the property owners. I. PROPERTY NUISANCE CASE 84 -110 (5032 Rosemead Boulevard) OWNER/ OCCUPANT - BARRY WALDRUP Based on significant progress made and the present status of the property, Council terminated Public Nuisance Case 84 -11,0. J. ORDINANCE NO. 84 -555 (2nd reading) DELETING SECTION 3331 RELATING TO PUBLIC PARKING LOTS FROM THE TEMPLE CITY MUNICIPAL CODE Waived further reading and adopted Ordinance No. 84 -555 AN ORDINAN( OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DELETING SECTION 33:. RELATING TO PUBLIC PARKING LOTS FROM THE TEMPLE CITY MUNICIPAL CODI K. STATUS REPORT: STREET RESURFACING PROJECT - FEDERAL AID URBAN FUNDS (Olive, Live Oak, Broadway) Received and filed status report regarding County's progress on the resurfacing of subject streets. L. ACCEPTANCE OF WORK - CLOVERLY AVENUE ET AL 83/84 -3 (EGN Con- struction Co.) Accepted the work performed; authorized payment of $3,827.25; authorized filing Notice of Completion; and authorized release of 10% retention at end of 35 -day lien period if all requirements for release are met. N. RENTAL OF REPLACEMENT COPIER FOR CITY HALL Authorized termination of rental agreement with Pitney Bowes for the present copier and authorized commencement: of rental agreement with Xerox for a Xerox 1035 copier. 0 AWARD OF CONTRACT, TRAFFIC SIGNAL INSTALLATION AT TEMPLE CITY BOULEVARD AND WOODRUFF Accepted low bid from Steiny & Co. in the amount of $40,358; authorized Mayor and City Clerk to sign the agreement; appro- priated additional funds in the sum of $43,958 and amended the adopted budget accordingly. P TRANSFER OF PARKING COMMISSION DUTIES TO TRAFFIC COMMISSION Introduced Ordinance No. 85 -556 for first reacting by title only disestablishing the Parking Commission and adopted Resolution No. 85 -2329 transferring duties of Parking Commission to Traffic Commission. Q. UPDATING OF MUNICIPAL COPE AND ZONING CODE Appropriated additional funds in the sum of $660 and amended the adopted budget accordingly. Council Minutes, January 15, 1985 4Page '3 R. AFFIRMATIVE ACTION PLAN`FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Approved Section 3 Affirmative Action Plan for employment and business opportunities. S. RESOLUTION NO. 85 -2328: WARRANTS AND DEMANDS Adopted Resolution No. 85 -2328 allowing claims and demands in the sum of $346,122.03. CONSENT CALENDAR ITEM E REQUEST FOR CHANGE ORDER FOR ADDITIONAL ASPHALT PAVING COMPLETED IN CONJUNCTION WITH JOBS BILL PROJECT JB 751 Mayor Swain requested clarification of the change order request and how the deterrnination.was made. City Manager Koski stated the work was ordered by the engineer after consultation with staff while the project was underway due to unantic- ipated problems resulting in additional asphalt requirements. Councilman Tyrell moved to approve the request for change order in the amount of $12,537.79, seconded by Councilman Gillanders and unani- mously carried. CONSENT CALENDAR ITEM M PROGRESS PAYMENT NO. 2 - STREET LIGHT CONVER- SION, PHASE IV (Diversified Electric) Mayor Swain also requested clarification of the progress payment in light of the stop notice received. City Manager Koski stated the progress payment is for the amount of work that has been accomplished, however, the funds will not be dis- bursed until the claims have been satisfied. Councilman Tyrell moved to approve progress payment No. 2 to Diversi- fied Electric in the amount of $18,894; directed the City Treasurer to hold issuance of funds to. Diversified sufficient to satisfy out- standing claims and written authorization from the bonding company, seconded by Councilman Gillanders and unanimously carried. 6. UNFINISHED BUSINESS: A. APPEAL FROM TRAFFIC COMMISSION MEETING OF DECEMBER 5, 1984, Park - ing Permit of John F. Craig, 6236 Muscatel, San Gabriel City Manager Koski presented background information stating the Traffic Commission at their regular meeting of December 5, 1984, denied the request for overnight parking permit based upon staff investigation which disclosed a 90' length drive plus two single car garages suffi- cient to accommodate four vehicles. At the Traffic Commission hearing Mr. Craig stated he is living in the rear house as a guest and has been requested not to park in the driveway. The owner has storage in the two car garage and does not use it for parking vehicles. The Traffic Commission concluded that a property owner should furnish the tenant adequate parking space. John Craig, 6236 Muscatel, was appealing the decision of the Traffic Commission; lived in a rear guest house which is a separate address from the front; presented a letter to Council from the owner of the premises requesting that Mr. Craig park in the street; felt it was within the property owner's right to make the request; and the permit would. be only until June when he would be gratuating from college. Councilman Atkins stated this is a situation the City often encounters wherein the owner is being gracious to a guest, the guest wants to accommodate his host and the City is presented the problem to resolve. In this case, although it may be inconvenient, there is sufficient room to park off the street and felt the permit should be denied. r.5-(30.1 004 Council Minutes, January 15, 1985 - Page 4 Councilman Tyrell also agreed the permit should be denied and although not pertinent to the issue, responding to Mr. Craig's comment that he was not a true tenant, stated it was a rental for consideration - the consideration was odd jobs for the property owner and the rental was illegal in that area. Councilman Gillanders felt the appellant should not be deprived of the permit because the property owner would not allow parking on the premises and in view of the fact that it would be only a five month period would be in favor of granting the permit. Councilman Dennis stated Council in the past has not approved such permits on a general basis; the Code specifies the guidelines that Council has set and they should be upheld and therefore would deny the permit. Mayor Swain stated Council has allowed on- street parking in situations where garages were not available for renters. However in this situati+ the appellant is a guest of the household and is not renting an apart- ment in a legally zoned rentable situation, and would agree that in th case permission for on street parking be denied. Councilman Atkins moved to deny the overnight parking permit in that there is sufficient parking on the premises, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Dennis, Tyrell, Swain NOES: Councilman - Gillanders B. PUBLIC HEARING: 7:30 P.M. - SIDEWALK, EAST SIDE OF SULTANA AVENUE BETWEEN LAS TUNAS AND BROADWAY (Pursuant to Chapter 27, Improve- ment Act of 1911, Streets and Highways Code) City Manager Koski presented background information stating City Council set public hearing for this evening regarc.ing the construc- tion of sidewalks along the east side of Sultana between Las Tunas and Broadway in those areas where sidewalks do not currently exist. Petitions were returned with signatures of property owners represent- ing 83.3% of the property owners in favor of the project. The esti- mated cost of construction is $10,427 which will be borne by the property owner entirely according to their front footage at sums ranging from $266 to $1172. Actual costs to owners will be deter- mined at assessment public hearings after completion of the project. Mayor Swain declared the public hearing open and invited anyone wish- ing to speak to come forward. Responding to Ellis Wiles, 5652 Sultana, inquiry if sidewalks would . be constructed on the entire block or only in front of those residents that signed the petition, City Manager Koski responded the entire blocl would have sidewalks if Council approves the petition. George Valiton, 5542 Sultana, stated he did not sign the petition since the majority of the residents, children, and joggers use the street and only approximately 40% use the sidewalk on the west side. He felt signs should be posted informing people to use the facilities that are available. He also stated there was a discrepancy between his measurements of front footage and those on the petition. City Manager Koski stated if the project is approved, it would be measured at the time of construction by the City inspector. There being no one else that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins moved to find the project to be in the best public interest; approve the Negative Declaration of Environmental Impact; order the construction and order the Superintendent of Streets to cause the work to be accomplished and to report on the improvements when com- pleted, seconded by Councilman Gillanders and unanimously carried. 5 .003 Council Minutes, January 15, 1985 ,.Page 5 Responding to Councilman Tyrell's inquiry regarding pedestrians, especially joggers, who use the streets instead of the sidewalks, Lt,. Johnston stated the only Vehicle Code section that can be used to prohibit that behavior is where a person is on the roadway inter - ferring with traffic. Councilman Atkins recommended that the proper use of streets and side- walks be stressed in the Student and Law Programs on the lower grade levels. 7. NEW BUSINESS: A. PROPOSAL FOR SERVICES - CITY HALL REMODEL (1) MATERIALS TESTING AND STRUCTURAL STEEL INSPECTION City Manager Koski presented a proposal for testing services from Twining Laboratories. The tests would include concrete mix, field masonry, structural steel welding, placement of structural steel beams and soil samples. Councilman Tyrell moved to approve the expenditure and authorized the Mayor to sign the agreement with Twining Laboratories for testing and inspection services, seconded by Councilman Atkins and unanimously carried. (2) INTERIOR DESIGN SERVICES City Manager Koski presented proposals for the interior design services of the City Hall remodel. Councilman Atkins moved to accept the proposal of O'Brien Associ- ates for interior design services and authorize the Mayor to sign the agreement, seconded by Councilman Gillanders and unanimously carried. COMMUNICATIONS: A. EAST PASADENA WATER CO. - STATUS REPORT ON COUNTY STUDY City Manager Koski referred to a status report from the Department of County Engineer Facilities on the East Pasadena Water Company. In November of 1984, the Los Angeles County Board of Supervisors author- ized a consultant services agreement with Brown and Caldwell to con - duct a comprehensive study of the East Pasadena Water Company and related water service areas. The purpose of the study, scheduled to be completed in March of 1985, is to gather information on the status of the present water. system, and inform the system users what can be done to improve the East Pasadena Water service area. Council received and filed the report. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Ted Goldstein, District Attorney's Office, 210 W. Temple Street, Los Angeles, introduced himself and stated he was appointed by Ira Reiner to be the counsel liaison to 84 city councils throughout the county in order to afford the cities an opportunity to extend their viewpoints and concerns as relates to crime in their communities. Mayor Swain expressed appreciation for the time, effort, and concern shown by Mr. Reiner's office. Barbara Abraham, President, Temple City Sister City Association, updated the Council on the upcoming Sister City events during the Camellia Festival week. The committee will be organizing many activities for the Australian visitors. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency, approved the minutes of the regular meeting held. December 18, 1984; contin- ued consideration of Development Proposals for the southwest corner of Rose- mead Boulevard and Las Tunas Drive to their February 5, 1985, meeting; cS ~Do 7 1 5 'n /�`rr Council Minutes, January 15, 1985 - Page 6 authorized the Executive Director to execute the Disclaimer of Easement Rights for the proposed Sheriff's Station addition; and adopted resolu- tion approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None. 11. MATTERS FROM CITY OFFICIALS: A. LEAGUE OF CALIFORNIA CITIES CONFERENCE: THE CITY MANAGER'S DEPARTMENT ANNUAL MEETING - FEBRUARY 13 -15, 1985 Councilman Tyrell moved to approve City Manager's attendance at the League of California Cities City Manager Department Annual Meeting in. Monterey, February 13 -15, 1985, and authorized necessary expenses, seconded by Councilman Gillanders and unanimously carried. B. REQUEST AUTHORIZATION TO ATTEND CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE - SACRAMENTO, MARCH 1 -4, 1985 Councilman Tyrell moved to approve attendance for Parks and Recreation Director to attend subject conference and authorize the necessary expenses, seconded by Councilman Atkins and unanimously carried. C. TWO -HOUR PARKING RESCINDED City Manager Koski stated there is still insufficient parking spaces for the construction workers and requested Council action to remove the two -hour restriction directly in front of the new City Hall on Kauffman. Councilman Gillanders moved to lift the two -hour parking restriction on the east side of Kauffman from Las Tunas north to the first drive- way, seconded by Councilman Atkins and unanimously carried. D. JUNIOR AMBASSADORS TO AUSTRALIA Councilman Tyrell moved to extend the date of the Junior. Ambassador essay competition to January 25, 1985, seconded Councilman Atkins and unanimously carried. E. SB 46 Mayor Swain referred to emergency bill SB 46 which determines whether testimony of minors should be held in open court or closed TV circuit. Although the judge. ruled children must appear in front of the jury in open court, it is hoped enough support can be initiated to reverse tha decision. One of the main objectives of the Mayor and City Manager at the Legislative Tour in Sacramento will be to request the support of Senators Russell and Mountjoy. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by CouncLlman Gillanders, th meeting adjourned at 8:25 p.m. The next regular meeting of the City Council will be held on Tuesday, February 5, 1985, in the Council Chamber of the City Hall. ATTEST: 1 r 1 K