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HomeMy Public PortalAboutCity Council_Minutes_1968-06-18_Regular 1968C O U N C I L M I N U T E S CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA JUNE 18, 1968 INITIATION:- 1. Mayor Briggs called the regular meeting of the City Council to order at 7:35 P. M. on June 18, 1968. Elder Gordon Cutler of 2. the Church of Jesus Christ of L. D. S., Las Flores Ward, 6249 Kauffman Ave., gave the invocation, following which the Mayor 3. led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT; Councilmen - Beckley, Harker, Merritt, Tyrell, Briggs ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, Planning Director Dragicevich, Recreation Director Kobett, Traffic Engineer Envall, Public Works Director Pizzorno, City Attorney Martin 5. APPROVAL OF MINUTES: Regular meeting of June 4, 1968. Councilman Merritt referred to page 4, item 13, second paragraph, correcting "Seconded by Councilman Tyrell" to be "Seconded by Councilman Harker ". Councilman Tyrell moved to approve the min- utes of the regular meeting of June 4, 1968, as corrected, Coun- cilman Harker seconded, and the motion was carried with Council- men Beckley and Briggs abstaining due to their absence from that meeting. PUBLIC HEARING: 7:30 P. M. APPEAL FROM CONDITIONS OF GRANTING A CON- DITIONAL USE PERMIT BY PLANNING COMMISSION: UNION OIL CO., 5508 ROSEMEAD BLVD. Mayor Briggs declared the public hearing opened and Planning Director Dragicevich reported the Conditional Use Permit had been granted by the Planning Commission subject to conditions and the appeal was based on the dissatisfaction of the Union Oil Co. with some of the conditions imposed and their desire to be relieved of those conditions. The Planning Director advised the property is located at the northeast corner of Broadway and Rosemead, an area of about 36,000 sq. ft. with 22,000 sq. ft developed, and the eastern portion currently vacant.. The applicant proposed to remove the canopy sign facing Rosemead and to place a free standing sign with a diameter of 72 ft. and 25 ft. high. The subject property is zoned C -M with surrounding properties C -M and to the east R -3. The applicant has appealed for relief from the following conditions as they estimate the station will be rebuilt within 2 or three years and these requirements will not fit the new station: (a) That the applicant shall install, or guarantee by the deposit of a bond or time certificate, curbs, gutters, sidewalks and pave -out on the easterly 75 ft. on the property fronting Broadway where no improvements exist at this time; and (b) That the applicant shall install parkway tree on the Rosemead Blvd. frontage of the subject property be- tween driveway approaches; and (c) That a 6 ft. high masonry wall shall be constructed along the eastern property line, abutting the R -3 zoned property; and (d) That a minimum of 150 sq. ft. of planting area shall be located and maintained at the northeast corner of Rosemead Blvd. and Broadway; and Council Minutes, June 18, 1968, page 2 (e) That the planting area shall be separated from as- phaltic paving by a 6" high curbing; and (f) That planting shall not exceed a height of 30" and shall not encroach into the public right -of -way; and (j) That the revolving part of the proposed free - standing sign shall not exceed 4 RPM. Mayor Briggs asked if anyone wished to speak in favor of the appeal. William Brook stated he was speaking for Union Oil, and that the station was scheduled for a re -build in two or three years and that the above listed conditions would not be compatible with the new development and would be costly in view of this fact. He advised they are considering leasing the vacant lot to the east of the station and when they go for a building per- mit they will be more than willing to put in curb and gutter for the vacant lot, and that they do not want to spend money that will be of no advantage in the future. He advised the signs are designed for 8 rpm and would have to be changed but 6 to 8 rpm was satisfactory to them. Councilman Tyrell asked about the improvement of Broadway and the Public Works Director advised Broadway is scheduled for widening shortly and curb and gutter should be installed for the vacant lot with sidewalks. Mr. Brook advised they would be willing to post a time certifi- cate and would go along with the improvement at the time the street is improved. He stated the tree was no problem and the planter requirement would not stop them. The main requirement they,wish removed is the 6 ft. high masonry wall. Thomas Melvin, the operator of the station, spoke in favor of the sign which would help his business. Clay Warnock, Sales Manager of Union Oil, spoke in favor of the sign, and stated they would put in the tree, and the planter, but it was unfeasible to make an expenditure for the wall at this time due to re -build plan. Robt. Bock, 5328 Encinita, spoke in favor of the sign as re- quested by the applicant. Robt. Stiegelmar, 9023 E. Broadway, stated his property adjoin- ed to the east, and he wanted the block wall put in and would be willing to pay half the cost. Mr. Woods of Union Oil Co. stated they never own anything in conjunction with anyone and could not construct the wall jointly. Councilman Tyrell moved to close the public hearing, Councilman Merritt seconded, and the motion carried unanimously. Following considerable discussion Councilman Tyrell moved to grant the appeal in the following respects only -on (a), (c) & (b): (a). that applicant would deposit a bond for the improvement of the 75 ft. east of the subject improved property for such time as Broadway is improved in general, and (c). that the requirement for a 6 ft. high masonry wall along the eastern property line be deleted, and (b:). that the requirement that a parkway tree be installed on Rosemead Blvd. frontage be deleted. Councilman Harker seconded. Considerable discussion followed and Councilmen Briggs and Merritt felt the wall should be con- sidered. Roll call vote to carry the motion as follows: AYES: Councilmen- Beckley, Harker, Tyrell NOES: Councilmen - Merritt, Briggs Council Minutes, June 18, 1968, page 3 NEW BUSINESS: 6. RESOLUTION NO. 68 -828: Approving summer employees for Dept. of Recreation City Manager Koski presented Resolution No. 68 -828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEM- PORARY PERSONNEL. Councilman Tyrell moved to adopt Resolution No. 68 -828, Councilman Harker seconded, and the motion was un- animously carried. 7 ORDINANCES NO. 68 -267, 68 -268, 68 -269 and 68 -270: Adopting the thru Los Angeles County Building Code as the Temple City Building 10. Code: 1st reading City Manager Koski presented the following ordinances for 1st reading: ORDINANCE NO. 68 -267: AN ORDINANCE AMENDING ORDINANCE NO. 65 -170 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE AS CONTAINED IN THE 1968 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS AND PUBLISHED BY THE BUILDING NEWS, INC., AND INCLUDING CHAPTERS 68, 69, 98 AND 99 INCLUDED IN THE SUPPLEMENT TO THE SAID LOS ANGELES COUNTY BUILDING CODE FOR AND INSTEAD OF THE PRESENT BUILDING CODE AND MAKING OTHER AMENDMENTS. ORDINANCE NO. 68 -268: AN ORDINANCE ADOPTING BY REFERENCE THE LOS ANGELES COUNTY MECHANICAL CODE AS CONTAINED IN THE 1968 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS AND PUBLISHED BY THE BUILDING NEWS, INC., AND INCLUDING THE APPENDIX THERETO AND MAKING OTHER AMENDMENTS. ORDINANCE NO. 68 -269: AN ORDINANCE AMENDING ORDINANCE NO. 65 -170 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY PLUMBING CODE AS CONTAINED IN THE 1968 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS AND PUBLISHED BY THE BUILDING NEWS, INC., AND INCLUDING APPENDICES A, B, C, F AND G, AND MAKING OTHER AMENDMENTS. ORDINANCE NO. 68 -270: AN ORDINANCE AMENDING ORDINANCE NO. 65 -170 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY ELECTRICAL CODE AS CONTAINED IN THE 1968 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS AND PUBLISHED BY THE BUILDING NEWS, INC., AND MAKING OTHER AMENDMENTS. Councilman Tyrell moved to waive further reading of Ordinances No. 68 -267, 68 -268, 68 -269, and 68 -270, Councilman Merritt second- ed, and the motion carried unanimously. No further action was taken as this was the first reading of all of these ordinances. 11. PARKS & RECREATION COMMISSION RECOMMENDATIONS: Meeting of June 5, 1968. A. Proposed Improvements of Live Oak Park: 1) Air - condition existing buildings, 2) Cover patio, 3) Improve interior and exterior of buildings to include new drapes, improve indoor lighting, install wood floor- ing in large room, provide enclosed storage area in patio area, repaint buildings inside and out, repair heat thermostats and replace windows in Craft Room, 4) Resurface and light hardcourt area: i.e. basketball/ Playground apparatus area. B. Acquisition of additional land for park use. C. Proposed Community Building at Live Oak Park: Recommend no new buildings be built at Live Oak Park at this time but should be considered for other areas. Council Minutes, June 18, 1968, page 4 Mayor Briggs suggested .these' recommendations all be referred to the study session of the Council on June 19 and the Council un- animously agreed. 12. TRAFFIC COMMISSION RECOMMENDATIONS: Meeting of June 5, 1968 A. Recommend a four -way boulevard stop be installed at inter- section of Olive and Encinita with forewarning signs and pavement markings. Traffic Engineer Envall presented the above recommendation. Councilman Tyrell moved to approve, Councilman Beckley seconded, and the motion was unanimously carried. B. Recommend a boulevard stop be installed on Welland Ave. at north approach to Freer St. Traffic Engineer Envall presented recommendation "B ". Council- man Harker moved to approve, Councilman Merritt seconded, and the motion was unanimously carried. 13. CIVIL DEFENSE & DISASTER EMERGENCY OPERATIONS PLAN: City Manager presented the above plan to the City Council. Councilman Tyrell moved to adopt the Civil Defense & Disaster Emergency Operations Plan, Councilman Harker seconded, and the motion was carried unanimously. 14. RESOLUTION NO. 68 -829: Warrants & Demands City Manager Koski presented Resolution No. 68 -829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $35,180.43 DEMAND NOS. 11227 THROUGH 11292. Councilman Tyrell moved to adopt Resolution No. 68 -829, Council- man Beckley seconded, and the motion carried unanimously. 15. COMMUNICATIONS: City Manager Koski presented a letter from the Chamber of Commerce requesting permission to hang a banner across Las Tunas Dr. at Temple City Blvd. on June 19th, and remove after the 4th of July week reading "Bring Them Back Alive" as a part of their Safety Campaign. Councilman Beckley moved to approve subject to the insurance re- quirements, Councilman Merritt seconded, and the motion was carried unanimously. 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: George Evans spoke in connection with the Standard Oil Leases that have been offered to many residents of Temple City and and asked for clarification of the leases as well as what the City is doing about it. He was advised by the City Manager that the City obtained a copy of the lease which has been reviewed by the City Attorney and his opinion has been reviewed by the Council and a copy of it appeared in the paper two or three weeks ago. Mayor Briggs advised the City cannot advise anyone whether or not to sign a contract as this is not in the realm of the Council. No one else came forward to speak at this time. 17. MATTERS FROM CITY OFFICIALS: City Manager Koski presented four bids received for the City Insurance and stated Mr. Robinson,who had been retained by the City to negotiate with various bidders, recommended the bid of Carl L. Clark for consideration and acceptance. Council Minutes, June 18, 1968, page 5 The Council questioned Mr. Robinson regarding various aspects of the coverage including accident &sni nent domain. It was agreed that the City Attorney would meet with Mr. Robinson and go over the insurance to clear up some of these questions. Councilman Tyrell moved to put over to the study session on June 19 any action on the recommendation, Councilman Merritt seconded, and the motion carried unanimously. The Public Works Director advised that the appraisals for Temple City Blvd. acquisitions are now completed and recommended that the City Attorney be authorized to proceed with acquisition of this right of way. He stated Oiee aaqu;isition costs were included in the 1967 -68 budget. Councilman Tyrell so moved, Councilman Harker seconded, and the motion carried unanimously. City Attorney Martin presented Resolution No. 68 -830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING AND DE- TERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (TEMPLE CITY BOULEVARD WIDENING PROJECT). Councilman Tyrell moved to adopt Resolution No. 68 -830, Councilman Merritt seconded, and the motion carried unanimously. Public Works Director Pizzorno advised that on Sultana Ave. between Acasco and Sereno that 40 parcels were involved and right of way received with one piece remaining owned by Noltes and they are not willing to negotiate. He recommended we engage Clark Ewing at a fee of $125. per day for not more than two days to appraise this property. Councilman Tyrell moved to appoint Clark Ewing and to authorize payment up to $250. for the appraisal, Councilman Beckley seconded, and the motion was carried unanimously. City Attorney Martin advised in connection with the Standard Oil Leases a full opinion is available in the City Hall which sets forth some points in specific detail for those interested in it. The City Attorney advised the Council that no provision is made in the zoning ordinance for oil extraction which is necessary to be clarified. He suggested enactment of an interim ordinance for a 90 day period until the Planning Commission can study the situation which would give the Ci -ty protection for the City Council and residents. The City Attorney read title to Ordinance No. 68 -271 AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE RELATING TO A ZONING CLASSIFICATION FOR EXTRACTION OF NATURAL RESOURCES. Councilman Harker moved to waive further reading and to adopt Ordinance No. 68 -271, Councilman Tyrell seconded, roll call vote to carry the motion as follows: AYES: Councilmen- Beckley, Harker, Merritt, Tyrell, Briggs NOES: Councilmen -None ABSENT: Councilmen -None Councilman Merritt proposed to the Council that they adopt two resolutions, one for Governor Reagan and one for the Board of Supervisors, requesting them not to rush into hasty fire arms regulations. Following discussion it was disclosed that City Attorney Martin had received a letter from the County Counsel's office calling a meeting for formation of an ordinance that would be county wide. In view of this and until some definite bill is proposed the Council deferred taking any further action at this time. Council Minutes, June 18, 1968, page 6 18. ADJOURNMENT: Councilman Tyrell moved to adjourn to a personnel session, and from there to a study session on June 19, 1968, Councilman Beckley seconded, and the motion carried unanimously. Council adjourned at 9:30 P. M. 1 ATTEST: 1 1