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HomeMy Public PortalAboutCity Council_Minutes_1966-05-03_Regular 1966C O U N C I L M N U T E S CITY OF TEMPLE CITY TEMPLE CiTY CALIFORNIA MAY 3, 1966 iNITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:47 P. M. He called the attention of the audience to the new procedure on the top of the Agenda inviting people to address the Council at the time the item is on the agenda on which 2. they wish to speak. Mayor Tyrell then gave the invocation follow 3. ing which he led the Pledge of Allegiance to the Flag. 4, ROLL CALL: PRESENT: Councilmen- Beckley, Clemson, Harker, Merritt, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Attorney Martin, City Manager Koski, Planning Director Dragtcevich, Recreation Director Kobett, & Administrative Assistant Recupero 5. APPROVAL OF MINUTES: Councilman Harker moved to approve the minutes of the regular meeting of April X1.9,' 1966, ° as mailed, Councilman Beckley seconded, the motion was unanimously carried. PUBLIC HEARING: 7:50 P. M. CURB t; GUTTER: EMPEROR AVE., SOUTH SIDE, LIVIA TO LOMA City Manager Koski stated the petition requesting this installa- tion was signed by 100% of the property owners fronting on Emperor Ave. on the south side between Livia to Loma. Councilman Merritt moved to open the public hearing, seconded and carried. Mayor Tyrell asked if anyone wished to speak in favor of the installation and no one came forward to speak. The Mayor then asked if anyone wished to speak in opposition and no one came forward to speak. Councilman Harker moved to close the public hearing, Councilman Beckley seconded, and the motion was unanimously carried. Councilman Harker moved to find the project in public interest and to instruct the Supt. of Streets to cause the work to be done. Councilman Clemson seconded, and the motion carried unanimously. PUBLIC HEARING: 7:55 P. M. APPEAL FROM PLANNING COMMISSION DECISION, ZONE VARIANCE CASE #66 -182: ERNEST R. STARR, 9219 Las Tunas Dr. City Manager Koski advised an appeal had been filed by Ernest R. Starr from the decision of the Planning Commission on Zone Vari- ance Case #66 -182 and this public hearing was a result of that appeal. Planning Director Dragicevich stated the request was to extend a legal non - conforming auto repair shop into the other half of the building, which would be an increase of from 3000 sq. ft to 14,400 sq. ft. with approximately 9 parking spaces which meets requirements. The Zoning here is C -2. This operation is a legal non - conforming use and for this reason the Planning Commission denied the extension of the existing facilities. Mayor Tyrell stated Councilmen Beckley and Clemson desired to disqualify themselves as they had served on the Planning Commis- sion at the time this request was considered. City Attorney Martin announced the City Council consists of three persons for this determination. The Mayor declared the public hearing opened Mayor Tyrell asked if anyone wished to speak in favor of this request. Ernest R. Starr, 6042 Wells, San Gabriel, stated he was the pro- prietor of this business and wished to use the other half of the building he now occupies. He explained his operation which con- sists of automotive repair, with no body work due to noise, the work consisting of light repairs, brakes and motor tuneup which are not conducive to noise or foul odors that would be detrimen- tal to the neighborhood. He advised he had cleaned up the area and had a show room on Las Tunas Dr. and had no problems with the businesses or residents of the area. The following spoke in support of his request for a Variance: Don Latham, Reliable Motors on Las Tunas Dr., Lucille Jones of 5921 Alessandro, Ray Youmans of the Standard Station on Las Tunas and Alessandro, Allen McKay of 5217 Golden `:lest, Richard Cordano 893 Council Minutes, May 3, 1966, page 2 1220 So. Fifth, Alhambra. No one else came forward to speak in favor of the request and th:. Mayor asked if anyone wished to speak in opposition. No one came forward to speak. Councilman Harker moved to close the public hearing, Councilman Merritt seconded, and the motion carried unanimously. Following discussion by the Council Councilman Harker moved that the appeal from the Planning Commission decision be grantee by the City Council and the expansion of this business be allow- ed subject to conditions as follows: to exclude body work and spray painting, to exclude detergent chemicals for carburetor work thus eliminating monoxide gases and smoke, to maintain the show room fronting on Las Tunas Dr. and that this front entrance should not be allowed to be opened to make a driveway entrance, removal of fence to make more parking, Councilman Merritt second- ed and the motion was carried by the following called vote: AYES: Councilmen- Harker, Merritt, Tyrell NOES: Councilmen -None ABSTAINING: Councilmen - Beckley, Clemson Councilman Clemson made a personal appeal to the audience to save an appeal to the Council that anyone requesting a variance from the Planning Commission to be sure and present all evidence to the Commission and give them the opportunity to hear all ideas, facts and statements. 6. REPORT ON DRAINAGE EASEMENT PROBLEM: PRIMROSE - TRELAWNEY The City Manager presented maps showing the location of the pro- blem and pictures showing the conditions. He advised that since the last Council meeting he had discussed the matter with the complainant and with the owner of the property to the north. Mr. Tallman who is directly north of the channel feels the basic problem is not warranted as expressed by the applicant and does not desire to have this closed. The position of the staff is as related by the City Attorney as to the legality of the City closing the facility. It is maintained in a relatively clean order and used for drainage purposes. The complainant's comment: as to foot traffic do .not interfere with our basic easement rights. The City Attorney advised the easement is limited to the matter of drainage and unless something invalidates this use for drain- age the City has no rights, If something intereferes with the drainage the City has the right to take any action to protect our easement. Mayor Tyrell asked if anyone wished to speak at this time and no one came forward to speak. Following considerable discussion Councilman Beckley moved that this matter be tabled until such time as further information and desires of the people in the neighborhood are presented, Coun- cilman Merritt seconded, and the motion carried unanimously. 7. RESOLUTION N0. 66 -600: Appointing John W. Clemson to the Selec- tion Committee of the So. Calif. Rapid Transit District. The City Manager presented Resolution No. 66 -600 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 CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILI- TIES CODE. Councilman Beckley moved to adopt Resolution No. 66- 600, Councilman Harker seconded, and the motion was carried un- animously. NEW BUSINESS: 8. RESOLUTION NO. 66 -601: Adopting rule of parliamentary procedure City Attorney Martin presented Resolution No. 66 -601 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY ADOPTING A RULE OF PARLIAMENTARY PROCEDURE, Councilman Merritt moved to adopt Resolution No. 66 -601, Councilman Clemson seconded, roll call vote to carry as follows: AYES: Councilmen- Beckley, Clemson, Harker, Merritt, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 894 Council Minutes, May 3, 1966, page 3 9. PARKS & RECREATION COMMISSION RECOMMENDATION: Recommend co- sponsorship For Pop Warner Football Assn. Recreation Director Kobett presented the above request advising they will comply with points outlined in co- sponsorship policy. This would provide them with an area for regular scheduled games and practice sessions. They also request permission for a con- cession stand for regular games. These requests are in conform- ance with last years operation. Following a lengthy discussion by the Council a motion was made by Councilman Harker to approve the co- sponsor of Pop ':garner Football Assn. subject to an in- surance endorsement certificate and naming the City as co- insure,: Councilman Clemson seconded and the motion carried unanimously. 10. APPLICATIONS FOR FIRE(ORKS STANDS: City Manager Koski presented 10 applications for fireworks stand: within the City as follows: 1. Temple City Junior Womens Club 2. Dad's Committee Boy Scout Troop 171 3. American Legion Post 279 4. Temple City Pop Warner Football, Inc. 5. Temple City National Little League 6. Temple City Lions Club 7. Temple City Y's Men's Club 8. Optimist Club of Temple City 9. Church of Jesus Christ of Latter -day Saints, Las Flores Ward 10. Temple City Jaycees Following discussion it was noted #1 and #U have the same loca- tion which will be resolved by the staff. Councilman Merritt moved to approve the applications submitted subject to correction' of location for #8, Councilman Clemson seconded, and the motion was unanimously carried; 11. RESOLUTION NO. 66 -602: part time employee, Recreation City Manager Koski presented Resolution No. 66 -602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PART - TIME EMPLOYEE. Councilman Clemson moved to adopt Resolution No. 66 -602, Councilman Merritt seconded, and the motion was unani- mously carried. 12. RESOLUTION NO. 66 -604 :: authorizing examination of Sales & Use Tax accounts. City Manager Koski presented Resolution No. 66 -604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING E)(AMINATION OF SALES AND USE TA-)( ACCOUNTS. Councilman Harker moved to adopt Resolution No. 66 -604, Councilman Beckley second- ed and the motion carried unanimously. 13. APPROVAL OF CITY RECREATION PROGRAM SUMMER 1966. Recreation Director Kobett requested authorization to conduct the eight week summer recreation program and to recruit the necessary personnel, the program to begin June 27 through August, 1966. Following discussion Councilman Clemson moved to approve, Councilman Merritt seconded, and the motion was unani- mously carried. 14. SET PUBLIC HEARING: CURB & GUTTER: LOWER AZUSA AVE., SOUTH SIDE, FIESTA TO CLOVERLY. Councilman Merritt moved to set the public hearing for the above for May 17, 1966, at 7:30 P. M., Councilman Beckley seconded, and the motion was carried unanimously. 15. RESOLUTION NO. 66 -603: larrants & Demands City Manager Koski presented Resolution No. 66 -603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $27,587.54 DEMAND NOS.8118 THROUGH 8167. Councilman Harker moved to adopt Resolution No. 66 -603, Councilman Clemson seconded, and the motion carried unanimously. 16. COMMUNICATIONS: a. Request from Temple City Y.M..C.A. for support and assistance in Capital Funds Drive and to hang street banner 5/8 = 5/21/66/ Also to designate the week of May 8 as Y.M.C.A Capital Funds Drive ':leek. Councilman Beckley moved to proclaim Capital Funds Drive Week beginning May 8, and to approve the hanging of the street banners subject to liability insurance requirements, 895 Council Minutes, May 3, 1966, page 4 Councilman Merritt seconded, and the motion carried unanimously. b. Request for Proclamation "Clean -up & Fix -it Month" for the month of May submitted by So. Calif. Clean -up & Fix -it Committee, Councilman Clemson moved to so proclaim, Councilman Beckley seconded, and the motion carried unanimously. c. Request from Allied Builders that May be proclaimed "National Home Improvement Month. Councilman Merritt so moved, Councilman Clemson seconded, and the motion was unanimously carried. d. Request the month of May be proclaimed as "Senior Citizens Month by adopting Resolution No. 66 -605. Councilman Harker moved to adopt Resolution Mo. 66 -605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROCL'.IMING SENIOR CITIZENS MONTH, Councilman Clemson seconded, and the motion carried un- animously. 17. TIME FOR THOSE iN THE AUDIENCE WHO WISH TO SPEAK: Louis Weidner, 6327 N. Primrose, protested that he was not given an opportunity to speak on item #6 and was advised that the Mayo: asked if anyone wished to speak and no one came forward to do so., He also protested the Council decision to file his complaint re the drainage easement. The City Attorney advised this property belongs to the owner to the north and he owns it in fee. He has given the City an easement for the limited purpose merely to drain water across the property and the owner reserves all other rights to the property. When he was asked if we could fence or close it oft he refused. The City could do this only if it was necessary to protect our concrete wash. Arthur L. Nelson, Pres. of the Temple City Senior Citizens Club, presented a petition from the Club appealing for consideration of additional housing to meet their activities with about 250 signatures which the Council received and referred to the Parks & Recreation Commission. 18. MATTERS FROM CITY OFFICIALS: Councilman Beckley requested a report on the malls in the park- ing district. The City Manager advised Parking District No. 2 is completed. Parking District No. 1 the underground utilities are in the process of being installed which will be completed this month and we hope to go to bid around July 1, with comple- tion date between. August 1 and Sept. 1. The bonds for Parking District No. 3 have been sold and the funds are now in the City Treasury and plans are being prepared. A request wi 11 be made for advancement of funds for Parking District No. 4 to acquire the property. Pending undergrounding of utilities on the north side it is hoped Nos. 1, 3 and 4 can be completed this summer. Councilman Beckley referred to various studies made by the Planning Commission re Ordinance No. 112 and he requested the Council to consider having the City Attorney give them an opinio; on the Zoning Ordinance and what it would take to bring it up to a factual approach. Following discussion it was agreed and the City Attorney will give a status report to the City Council covering the areas of inconsistencies. Councilman Beckley asked about the police coverage and wondered if further study should be made, and was advised by Mayor Tyrell that in the past he had made .a study of this regarding existing and additional protection with annexations and he thinks this will be considered in the budget also. Councilman Merritt commented on some of the zoning and so many legal non - conforming uses and felt this should also come under the study by the City Attorney. City Attorney Martin stated the City had adopted a new lot split ordinance and recommended a $100. fee for lot splits and any excess will be refunded upon recommendation of the City Engineer, The City Attorney read title to Resolution Mo. 66 -607 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY PRESCRIBING A FILING AND PROCESSING FEE PURSUANT TO SECTION 502 OF ARTICLE V OF ORDiNANCE NO. 63 -107 AS AMENDED BY ORDINANCE NO. 66 -191. Cou, Gilman Merritt moved to adopt Resolution No. 66 -607, Councilman Beckley seconded and the motion carried unanimously. 896 Council Minutes, May 3, 1966, page 5 City Manager Koski stated a letter with pictures had been receiv- ed regarding a drainage problem at 9861 Longden Ave. at the i boundary of Arcadia due to installation of curb and gutter in Temple City. A pipe could be installed to drain this water to the east at an approximate cost of $100. which would alleviate the problem until the street is improved on the Arcadia side. Following discussion Councilman Clemson moved to approve, Coun- cilman Beckley seconded and the motion was carried unanimously. The City Manager advised there was a street improvement project as part of a zone variance on Garibaldi easterly of Primrose which required installation of curb and gutter. The property owner desires to install sidewalks and would like to install them next to the curb face. There would be no problem here but to follow through easterly would require removal of some trees. The recommendation of the Public Works Director is to authorize installation of a 5 ft. sidewalk next to the curb. Staff re- commendation is to allow the sidewalk construction next to the curb subject to Council approval for removal of trees for the continuation of this improvement. The alternative would be to require the property owner to deposit the money in the bank for the cost of the sidewalks until the City has a firmer policy regarding width and location. Following further discussion Councilman Merritt moved to require an Agreement in lieu of cone struction at this time, Councilman Clemson seconded, and the motion carried unanimously. The City Manager presented a license application from A.B.C. for beer and wine off -sale at the stop and go market on the south side of Broadway just easterly of the gas station at Rosemead, which is being constructed at this time. Following discussion Councilman Merritt moved to hold for approval when we receive the SherifFt report, Councilman Clemson seconded, and the motion was unanimously carried. City Manager Koski presented a communication from Recreation Director Kobett concerning a Calif. Physical Fitness Clinic to be held May 13 and 14 at the college in San Mateo. The estimate( cost of attendance would be $60. Following discussion Council- man Beckley moved to instruct the City Manager to have Mr. Kobett attend the conference, Councilman Merritt seconded, and the motion carried unanimously. The City Manager stated in the past the budget relative to travel subsistence, etc., had been $25. per diem which was established some six years ago. In preparing the new budget he recommended the Council consider raising this figure to $35. All expendi- tures have to be accounted for and if not used come back to the City. Mayor Tyrell stated this was for budgetary purposes to allocate funds. The Council also approved expenses for the attendance of Councilmen Clemson and Beckley at the Monterey conference of Councilmen on May 22 -25. City Manager Koski requested transfer of $45,000. to the Martin & Flandrick Trust Fund for the purchase of the Mallard property and authorization of approximately $2500. for cost of demolition, Councilman Merritt so moved, Councilman Beckley seconded, and the motion carried unanimously. The City Manager advised Bishop Hanson at the Stake House in P. D. Dist #1 would like to use the building until July 1 which will not interfere with the program. Councilman Beckley suggested a study be made by a sound engineer re the speakers in the Council Chambers. City Manager Koski presented Resolution No. 66 -606 transferring back to the General Fund $56,642. from the P. D. #3 Improvement Fund for funds advanced. Councilman Harker moved to adopt Resolu- tion Flo. 66 -606, Councilman Beckley seconded,carried unanimously. 19. ADJOURNMENT: Councilman Merritt moved to adjourn to the next regu- lar adjourned meeting on May 16, seconded and c ried, Council adjourned at 9:55 P. M. ATTEST: ( ayor 897