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HomeMy Public PortalAboutCity Council_Minutes_1967-05-02_Regular 1967C O U N C I L M I N U T E S CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA MAY 2, 1967 INITIATION: 1. Mayor Beckley called the regular meeting of theCity Council to order at 7 :30 P. M. Elder A. L. Nunamaker of the Re- Organized Church 2. of Jesus Christ of Latter Day Saints, 9458 Broadway, Temple City, 3. gave the invocation following which Mayor Beckley led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen- Briggs, Harker, Merritt, Tyrell, Beckley ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Public Works Director Pizzorno, Planning Director Dragicevich, Recreation Director Kobett 5. APPROVAL OF MINUTES: Regular meeting of April 18, 1967 Councilman Tyrell moved to approve the minutes of the regular meeting of April 18, 1967, as mailed, Councilman Harker seconded, and the motion was unanimously carried. At this time Mayor Beckley asked Councilman Tyrell to step forward and commended him on behalf or;t'�he staff, Council and himself for his fine work as Mayor the past year and presented him with a plaque in recognition of his efforts and successes as a "Great Mayor" of Temple City. Councilman Tyrell thanked Mayor Beckley et al very much for the commendation and the plaque. II UNFINISHED BUSINESS: 6. ORDINANCE NO. 67 -229: 2nd read. REZONING OF ANNEXATION #10 AREA City Attorney Martin presented Ordinance No. 67 -229 for second reading AN ORDINANCE OF THE CITY OF TEMPLE CITY ESTABLISHING NEW ZONE CLASSIFICATIONS (R -1 AND C -2) UPON CERTAIN PARCELS AND AREAS OF THE CITY (annexation Area #10). Councilman Harker moved to waive further reading of Ordinance No. 67 -229, and to adopt, Coun- ci.1Th n Tyrell seconded, and the motion was unanimously carried. 7 ORDINANCE NO. 67 -230: 2nd read. RELATING TO CIVIL DEFENSE AND DISASTER City Attorney Martin presented Ordinance No. 67 -230 for second reading AN ORDINANCE OF THE CITY OF TEMPLE CITY RELATING TO CIVIL DEFENSE AND DISASTERS. Councilman Merritt moved to waive further reading and to adopt Ordinance No. 67 -230, Councilman Briggs second - ed, and the motion carried unanimously. ORDINANCE NO. 67 -231: 2nd read. ADDING SECTION 4265.3 TO ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE: RE GAMBLING City Attorney Martin presented Ordinance No. 67 -231 for second reading AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4265.3 TO ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE. Councilman Briggs moved to waive further reading and to adopt Ordinance No. 67 -231, Councilman Harker seconded, and the motion was unanimously carried. 9. RESOLUTION NO, 67 -735: CHANGING NAME OF ALESSANDRO SOUTHERLY OF LOWER AZUSA RD. TO MILLER DRIVE City Attorney Martin presented Resolution No. 67 -735 which the Council requested at the meeting of April 18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RENAMING A PORTION OF ALESSANDRO DRIVE TO MILLER DRIVE. Councilman Tyrell moved to adopt Resolution No. 67 -735, Councilman Harker seconded, and the motion was carried by the following called vote: AYES: Councilmen- Briggs, Harker, Tyrell, Beckley NOES: Councilman - Merritt ABSENT: Councilmen -None 1046 Council'Minutes, May 2, 1967, page 2 PUBLIC HEARING: CURB & GUTTER 7 :30 P. M. A. Emperor Ave., north side, between Rosemead and Oak Ave. B. Emperor Ave., south side, between Rosemead and Sultana Ave. Mayor Beckley declared the public hearing opened on item A, Emperor Ave., north side, between Rosemead and Oak Ave. Public Works Director Pizzorno submitted an affidavit of publication, and advised the total front footage of the area was 1600 ft., and 87.9% of this footage had signed the petition for the improvement. Mayor Beckley asked if anyone in the audience wished to speak for or against this improvement, and no one came forward to speak. Councilman Tyrell moved to close the public hearing, Councilman man Merritt seconded, and the motion carried unanimously. Councilman Merritt moved to find the project to be in public interest and to instruct the Supt. of Streets to cause the work to be done, Councilman Harker seconded, and the motion carried unanimously. Mayor Beckley declared the public hearing opened on item B, Emperor Ave., south side, between Rosemead and Sultana Ave. Public Works Director Pizzorno advised the petition was signed by 100% of the area. Mayor Beckley asked if anyone wished to speak for or against`°this improvement. Mrs. Mildred Fournier, 9032 Emperor Ave., stated she had been advised when she signed the petition that the City was paying for the in- stallation and now she understood she had to pay for it which she was unable to do and she wished to withdraw her name from the peti- tion. The Public Works Director advised her that the hearing on her property had been held on April 18, and the improvement was to be made. It was explained to her in detail how the costs are assessed against the property on her tax bill and can be paid in two payments. No one else came forward to speak. Councilman Tyrell moved to close the public hearing, Councilman Merritt seconded, and the motion carried unanimously. Councilman Tyrell moved to find the project to be in public interest and to instruct the Supt. of Streets to cause the work to be done, Council- man Briggs seconded, and the motion carried unanimously. ASSESSMENT HEARING: SIDEWALKS, BALDWIN AVE., EAST SIDE, OLIVE TO DAINES 5412 Baldwin Ave., proposed assessment $126.90 Mayor Beckley declared the assessment hearing opened. Public Works Director Pizzorno advised the sidewalks had been install- ed and recommended the property be so assessed. The Mayor asked if anyone wished to speak for or against this assess- ment and no one came forward to speak. Councilman Tyrell moved to close the public hearing, Councilman Briggs seconded, and the motion carried unanimously. Councilman Tyrell moved to approve the -$1'26.90 assessment and to direct that the property be so assessed, Councilman Harker seconded, and the motion was unanimously carried. 1041 Council Minutes, May 2, 1967, page 3 10. APPLICATION FOR PERMITS FOR FIREWORKS STANDS: A. Dads' Committee of Troop & Post #171, Boy Scouts of America B. American Legion, Temple City Post C. Temple City Pop Warner Football, Inc. D. Temple City Jr. Women's Club E. Temple City Y's Mens' Club F. Temple City Jr. Chamber of - ={Commerce City Manager Koski presented the above applications for fireworks stands for Council consideration. Considerable discussion followed re the clean -up and removal of stands which was unsatisfactory last year. The Ordinance states the premises on which the stand is erected shall be cleared of all structures and debris not later than noon of the 12th of July following. It was agreed that both applicant and promoter will be notified of this requirement and if not complied with future applications by both will not be considered for permits. Councilman Briggs moved to grant the permits and to issue letters stating compliance with the ordinance will be required, Councilman Merritt seconded, and the motion carried unanimously. 11. PLANNING. COMMISSION RECOMMENDATIONS: Meeting of April 25, 1967 A. Recommend approval of proposed change of zone from R -3 to C -2 on the following properties: 9476 E. Las Tunas Drive 5819 through 5829 Cloverly (west side) 5818 through 5838 Oak Ave. (east side) Councilman Tyrell moved to set this recommended zone change for public hearing on May 16, 1967, at 7:30 P. M., Councilman Merritt seconded, and the motion was unanimously carried. 12. PARKS & RECREATION COMMISSION RECOMMENDATIONS: Meeting of April 19, 1967 13. A. Item 7. REQUEST FOR CO- SPONSORSHIP - TEMPLE CITY "POP WARNER FOOTBALL: Recreation Director presented the above request and advised the Commission recommended approval subject to previous rules and immediate cancellation should a turf problem arise from the activity. Councilman Merritt moved to approve A. Item 7 as recommended by the Parks & Recreation Commission, Councilman Harker seconded and the motion carried unanimously. B. Item 11 - RECREATION REPORT: Recreation Director Kobett presented a recreation report on a pro posed recreation policy submitted by the. Los Angeles County Dept. of Parks & Recreation which the Commission recommended be adopted as a Temple City policy. Following discussion Councilman Tyrell moved to adopt the recommend- ed policy statement, Councilman Merritt seconded, and the motion carried unanimously. RESOLUTION NO, 67 -736: Warrants & Demands, in the sum of $14,540.36 No. 9543 through No. 9649 City Manager Koski presented the above resolution. Councilman Tyrell moved to adopt Resolution No. 67 -736, Councilman Briggs seconded, and the motion carried unanimously. 14. COMMUNICATIONS: A. Request by Mr. Clardy, State Dept. of Employment, to proclaim May 7 -13 as "Hire a Veteran Week" Councilman Tyrell moved to have the Mayor so proclaim, Councilman Harker seconded, and the motion carried unanimously. 1048 Council Minutes, May 2, 1967, page 4 B. Request of VIVID (Victory in Viet Nam Instead of Defeat) by Richard J. Smeltz, 9818 La Rosa Dr., to proclaim May 29- June 4 as "S. 0. S. WEEK" (Support our Servicemen) The City Manager presented the above request. Councilman Merritt moved to proclaim May 29 -June 4 as "S. 0. S. WEEK" (Support our Servicemen), Councilman Tyrell seconded, and the motion carried unanimously. Mr. Smeltz was present and explained to the Council what his Committee was trying to do and their objectives. It was recommend- ed by the Council that they get some organization behind them and firm up the organization to make it well founded and for financial support as well as protecting themselves. Mr. Smeltz stated the Committee had posters printed and planned to put them in the store windows and request a possible $1. donation to pay for the costs of the posters and further promotion of their cause. He was advis- ed that he would have to follow procedures established by the City before he could request or receive donations, which application would have to be approved by the Council. C. Request of Daniel Finnegan, 5122 Sereno Dr., with supporting petition for proclamation of week of May 14 -20 as "Support Your Local Police Week" The City Manager presented the above request. Councilman Harker moved that the Mayor so proclaim, Councilman Briggs seconded, and the motion carried unanimously. D. Request from Law Enforcement & Community Recognition Assn. of L. A. County to proclaim May 14 -20 as "Police Week" City Manager Koski presented the above request. Councilman Harker moved the Mayor so proclaim, Councilman Merritt seconded, and the motion was unanimously carried. E. Request by Boys Christian League for a permit to sell tickets for Annual Circus to be held May 6 The request was presented by the City Manager. Councilman Harker moved to grant the permit, Councilman Merritt seconded, and the motion was carried unanimously. F. The City Manager presented a request from the Alhambra District Board of Realtors for the week of May 21 -27 to be proclaimed as "Realtor Week ". Councilman Merritt so moved, Councilman Tyrell seconded, and the motion was carried unanimously. G. The City Manager presented a request that the week of May 15 -21 be proclaimed "Public Works Week ". Councilman Harker moved to so proclaim, Councilman Tyrell seconded, and the motion was unanimously carried. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: A. L. Nunamaker, 9549 Las Tunas Dr., requested the posting boards on the parking lots be removed as some were still there. The City Manager will have this checked out. Ray Stubbs, 9928 Howland Dr., complained about the wild -life, particularly raccoons, as they eat the goldfish in his pond and wondered if there was any way the City could do something about it. The City Manager will contact the Humane Society and see what further assistance the City can provide. Larry Hoffman, 5003 Fratus, complained about the Nu Rock plant on Encinita operating outside of the building and the fumes emanating from the plant makes it impossible for them to use their back yard and makes them ill. Councilman Tyrell advised him they have been in violation and have been convicted in Alhambra Municipal Court and placed on probation and fined, and are to return on violation of probation, and that their probation probably will be revoked, and they will be fined and /or be remanded to jail. City Manager Koski advised there had been three violations, health, fire and building 1049 Council Minutes, May 2, 1967, page 5 and safety, and there were certain compliances to make to conform to the various codes. They now have a clear bill of health from the Health Dept. who state the fumes are not injurious, and they also are cleared with the Air Pollution Control. The only violation at this time is they have not constructed a one -hour fire wall. The Fire Dept. allowed them permission to work - outside and get things shipped out. This was an assist as they are in very dire financial straits. Mr. Hoffman was asked if he would testify in court to which he agreed, and he will be advised when the probation hearing will be held. The City Attorney advised his testimony may be need in re- vocation of probation hearing. The City Manager was instructed to get information to support a nuisance action if current action fails and if there is wilful violation of the ordinance. Mrs. Fournier, 9032 E. Emperor Ave., reported a rat problem in her neighborhood. Also living in Temple City she asked how to get their postal address changed to Temple City from San Gabriel. She stated the other people in her area also would like to have this done. Following discussion the City Attorney was instructed to draw a form of petition that could be circulated for signatures of the residents in the area desiring the change of postal address. Also the rat problem will be referred to the Health Dept. Jerry Kuplack, 5435 Welland Ave., asked if the week of May 14 -20 had been proclaimed "Support Your Local Police Week" and was advised this had been done. Louis Gilbertson, 9232 Sparklett, spoke regarding the co- sponsorship the Council granted "Pop Warner Football" subject to immediate can- cellation should a turf problem arise, and requested the Council to remove this condition as they have to certify to the Conference a place for the season where the games will be held, and also de- posit a $650. fee, and with this condition it would be difficult to do. It was brought out that if the turf were in bad condition and the Park Dept. decided it should not be used it would be shut down anyway, which is understood by Mr. Gilbertson. The City Manager stated the use of the park and public property is subject to deter- mination of the City Council, and if it becomes in such bad condition the matter will be brought to the Council, and they would be so advised. Following discussion Councilman Briggs moved to remove the cancellation condition from the permit, Councilman Tyrell seconded, and the motion carried unanimously. Discussion followed regarding the two areas set aside exclusively for Little League. 16. MATTERS FROM CITY OFFICIALS: Public Works Director Pizzorno presented Tract #29316 for final acceptance as the completion date was extended to May 1, 1967, at the Council Meeting of November 1, 1966, with a 10% retention of the cash deposit held until the temporary accessory buildings were demolished and removed. This has been done and it is re- commended the City accept the Tract and release the 10% retention funds. Councilman Tyrell moved to accept the recommendations and accept Tract #29316 and to refund the remaining funds, Councilman Merritt seconded, and the motion carried unanimously. Discussion followed regarding the name of the cul de sac street in the above tract named Rosevale which name was given to the tract map at the time it was accepted by the City approximately two years ago. This street is 50 ft. to the east of the extension of Ryland. City policy is to name streets the same that are roughly in alignment for better fire and police services, and which makes streets more easily located. Considerable discussion follow- ed and a survey will be made of the streets in the City with a list of the streets which are roughly aligned but named differently. 1050 Council Minutes, May 2, 1967, page 6 The City Manager recommended the 10% cash deposit submitted by Mr. V. Angostino on Schedule IV of the Mall and Parking Lot Improve- ments be returned to him as he had furnished bonds for Labor & Material and for Performance of Contract. Councilman Tyrell moved to approve, Councilman Briggs seconded, and the motion carried unanimously. The City Manager presented a request from the City Treasurer for authorization to open a bank account at First Western Bank for Green St. Improvement #4 fund, (sewers), and to authorize the City Treasurer's signature for the fund. Councilman Tyrell so moved, Councilman Harker seconded, and the motion carried unanimously. City Manager Koski presented an application from the Temple City Legion Auxiliary for a charitable solicitation permit to sell poppies May 27 and May 28. Councilman Tyrell moved to grant, Coun- cilman Merritt seconded, and the motion carried unanimously. City Manager. Koski advised the Council a Planning matter needed clarification regarding rear -yard set backs on tiered lots. The new zoning ordinance will clearly cover this and it was recommended the present ordinance be amended to conform to the new ordinance in the process of completion. City Attorney Martin stated he had prepared an ordinance for the amendment if the Council desired to do so. Following discussion by the Council who were in agreement, City Attorney Martin read title to Ordinance No. 67 -232 AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERN- MENT CODE, RELATING TO SUBSECTION (1) (c) OF SECTION 409 OF THE TEMPLE CITY ZONING CODE and recommended adoption as an urgency ordinance which would be in effect 90 days until the new zoning ordinance is adopted. Councilman Briggs moved to waive further reading and adopt Ordinance No. 67 -232, Councilman Merritt seconded, and the motion was carried by the following called vote: AYES: Councilmen - Briggs, Harker, Merritt, Tyrell NOES: Councilman- Beckley ABSENT: Councilmen -None The City Attorney advised of a further Planning problem where the property from Oak to Cloverly northerly of Las Tunas Dr. is pre- sently zoned C -M, and it is the only C -M in the area and surrounded by C -2, which would make it improperly zoned at this time. He pre- sented urgency Ordinance No. 67 -233 AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE, PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE, RELATING TO THE TEMPORARY RECLASSIFICATION OF CERTAIN PROPERTY FROM C -M TO C -2. This would protect the area from an incompatible development with the C -2 surrounding it, and would be effective for 90 days to give the Planning Commission an opportunity to study the problem. Councilman Tyrell moved to adopt Ordinance No. 67 -233 as an urgency ordinance, Councilman Merritt seconded, and the motion carried unanimously. Mayor Beckley advised the Council that he had written a letter of commendation to Mayor Danner of Bradbury prior to the meeting of Monday night and read the letter to the Council. A Resolution No. 67 -737 has been prepared titled A RESOLUTION OF THE CITY OF TEMPLE CITY COMMENDING MAYOR ARTHUR B. DANNER OF THE CITY OF BRADBURY FOR HEROIC ACTION. Councilman Tyrell moved to adopt Resolution No. 67 -737, Councilman Briggs seconded, and the motion was carried unanimously. It was suggested that the Resolu- tion be presented to Mr. Danner at a Council meeting. Councilman Tyrell moved that a similar Resolution be presented to Mr. Collins who was also involved in the rescue, Councilman Merritt seconded, and the motion was unanimously carried. 1051 1 1 Council Minutes, May 2, 1967, page 7 17. ADJOURNMENT: Councilman Tyrell moved to adjourn to May 15 for a study session on Personnel, Councilman Briggs seconded, and the motion carried unanimously. Council adjourned at 10 :15 P. M. The next regular meeting of the City Council will be on May 16, 1967, at 7:30 P. M. in the Council Chambers of the City Hall, 5938 Kauffman Ave., Temple City. ATTEST: Mayor C i t y /C rk 1052