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HomeMy Public PortalAboutCity Council_Minutes_1969-04-15_Regular 1969COUNCIL MINUTES. CITY OF TEMPLE CITY APRIL 15, 1969 INITIATION: 1. Mayor Briggs called the regular meeting of the City Council to order at 7:30 p.m. 2. A moment of silence in memory of Howard A. Dickason, former Councilman and Mayor of the City of Temple City, who passed away suddenly on April 11, 1969, was observed, following which Mayor Briggs gave the invocation, including tribute to Howard Dickason, and expression of sympathy to his family. Request was made by the Council for Mr. Dickason's picture in the Council Chambers to be draped in mourning. 3. The Pledge of Allegiance to the Flag was led by Mayor Briggs. 4. ROLL CALL: PRESENT: Councilmen- Beckley, Harker, Merritt, Tyrell, Briggs ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Drag i cevi ch, Director of Public Works Pizzorno, Traffic Engineer Envall. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the Regular Meeting of April 1, 1969, Councilman Harker seconded, and the motion carried unanimously. Mayor Briggs read a letter he had received from the Millham family, expressing appreciation for plant sent to Al Millham, Planning Commissioner, in his recent illness, and advising of his satisfactory progress toward recovery. 6. REORGANIZATION OF THE COUNCIL Mayor Briggs expressed appreciation for the opportunity to serve as Mayor of the City of Temple City this past year. He then requested City Clerk Koski to assume the chair for the purpose of conducting nominations for the office of Mayor. City Clerk Koski stated nominations were now in order for the office of Mayor for the City of Temple City. Councilman Merritt nominated Councilman Harker. There were no further nominations and the City Clerk declared the nominations closed. Councilman Beckl -ey moved that a unanimous ballot be cast for Councilman Harker for the office of Mayor, seconded by Councilman Merritt, and unanimously carried. Mayor Harker expressed appreciation for the confidence placed in him in electing him to this, his second term as Mayor for the City of Temple City, and commended outgoing Mayor Briggs for the out- standing leadership he had provided to the City this past year. Councilmen Beckley, Merritt and Tyrell added their expressions of commendation to those of the new mayor, in recognition of the fine service rendered the community by Councilman Briggs during his term of office as Mayor. Mayor Harker stated nominations were in order for the office of Mayor Pro Tem. Councilman Briggs nominated Councilman Tyrell, seconded by Councilman Beckley. Councilman Merritt moved that the nominations be closed and a unanimous ballot be cast for Councilman Tyrell to serve as Mayor Pro Tem. Motion was seconded by Councilman Beckley and unanimously carried. Council Minutes, Page 2 - April 15, 1969 Mayor Harker then made the following appointments of City representatives to the following organizations: League of California Cities California Contract Cities Sanitation District So. Calif. Association of Governments Louis W. Merritt Jack R. Tyrell, Alt. Jack R. Tyrell Louis W. Merritt, Alt. William A. Harker Louis W. Merritt, Alt. William A. Harker So. Calif. Rapid Transit District Paul W. Peckley - Selection Committee Transportation Association of Paul W. Beckley Southern California (TASC) San Gabriel Valley Louis W. Merritt Water District Los Angeles County Library Kenneth C. Briggs Board Coordinating Council Paul W. Beckley Mayor's Committee for Kenneth C. Briggs Community Action Finance Kenneth C. Briggs Civil Defense Jack R. Tyrell Sister City William A. Harker Confirmation of appointments as designated by Mayor Harker was moved by Councilman Tyrell, seconded by Councilman Beckley and unanimously carried. UNFINISHED BUSINESS: 7. PUBLIC HEARING: 7:30 p.m. Re. ABATEMENT OF RIGHT -OF -WAY ENCROACHMENTS - TEMPLE CITY BOULEVARD IMPROVEMENT PROJECT City Manager Koski advised thatthe public hearing had been set to require abatement of encroachments, specifically a canopy at the southeast corner of Las Tunas Drive and Temple City Boulevard, which projected into the right -of -way and impaired the Temple City Boule- vard Improvement Project. He reported that proper notices had been given. Mayor Harker declared the public hearing open. The Director of Public Works reported that the property owner of 9600 Las Tunas Drive was presently complying with the request pf the City to remove the canopy from the right -of -way, however it was necessary to conduct the hearing in order to insure that this work be completed in advance of the street improvement. Mayor Harker inquired if anyone were present to speak for or against the abatement. No one came forward, following which Councilman Tyrell moved to close the public hearing, seconded by Councilman Briggs and unanimously carried. Councilman Tyrell moved to order abatement, seconded by Councilman Briggs and unanimously carried. Council Minutes, Page 3 - April 15, 1969 8. PUBLIC HEARING: 7:30 p.m. Re. APPEAL BY SHELL OIL COMPANY, Re. Conditional Use Permit Case No. 69- 276pc, Shell Oil Station, Rosemead at Broadway. City Manager Koski advised that the public hearing had been called for the purpose of considering appeal filed by Shell Oil Co. re. certain conditions imposed by the Planning Commis- sion for Conditional Use Permit, as set forth in Resolution No. 69- 326PC. He reported that notices had been sent to all appro- priate parties. Mayor Harker declared the public hearing open. Planning Director Dragicevich advised that the applicant wished to reconstruct the service station at the northwest corner of Rosemead and Broadway, and provided background information as to the development. The Planning Director enumerated the items which were being appealed, and presented criteria used by the Planning Commission in establishing the conditions. Mayor Harker asked if anyone in the audience wished to speak in favor of the appeal. Robert Nibecker, Real Estate Representative, Shell Oil Co., 1136 N. Brookhurst, Anaheim, addressed the Council in behalf of the Shell Oil Co. He advised that the station had been built in 1952 and was now considered obsolete by their standards, and that the Shell Oil Company planned to upgrade the station as requested, pending consideration of this appeal. Specific items were as follows: To eliminate the requirement of reverse bays (listed under item b, Section 2 of Reso. 69- 326PC). To eliminate the requirement of planting areas (item c), which was part of the overall design under the require- ' ment of the reverse bay construction. To delete the requirement to alter an existing sign, now at 6 r.p.m. to 4 r.p.m. (item a), which was one of the conditions of zone variance request 69-275. Clarification of planting and landscaping requirements, (listed under items d and e). To eliminate the requirement that all merchandise (sell- ing) of automotive supplies be located within the enclosed building with certain exceptions (item k). To eliminate the requirement that no banners, bunting strips, etc., (item m) be permitted. To allow the hours for servicing of vehicles (item o) to conform to those now enjoyed by others in the City and particularly in the immediate area. George Lloyd, District Engineer, Shell Oil Company, also pre- sented information in behalf of the appeal, particularly as it concerned the reverse bay requirement. There was no one else to speak in favor of the appeal. Mayor Harker inquired if anyone wished to speak against the appeal and no one came forward. Councilman Tyrell moved to close the public hearing, seconded by Councilman Briggs and unanimously carried. Council Minutes, Page 4 - April 15, 1969. Items of concern, including location of bays, traffic patterns within the operating area, safety of customers, parking, trash enclosures, operation of facility, esthetics, etc., were dis- cussed at length. Following statements on the part of Council- man Beckley and Councilman Briggs in favor of the reverse bay requirement, Councilman Tyrell spoke at length to the issue of Council interference in matters which he considered belonged to the business community, except to the extent necessary to insure safety for citizens,- and that the Council should not impose the reverse bay requirement. Mayor Harker called for consideration by the Council of the items as presented. Councilman Tyrell moved to grant the appeal in regard to reverse bays, seconded by Mayor Harker. The motion was defeated by the following roll call vote: AYES: Councilmen - Tyrell, Harker NOES: Councilmen- Beckley, Briggs, Merritt ABSTAINING: None Councilman Beckley moved to eliminate the requirement of alter- ing the existing sign to 4 r.p.m. Motion was seconded by Councilman Merritt and unanimously carried. Councilman Merritt moved that the requirement relative to the selling of merchandise be modified by deleting the words "of automotive supplies" to require all merchandise to be located within the enclosed building, except that merchandise for the servicing of autos may be located on the pump island. The motion was seconded by Councilman Beckley and carried by the following roll call vote: AYES: Councilmen - Beckley, Briggs, Merritt, Harker NOES: Councilmen - Tyrell ABSTAINING: None Councilman Briggs moved to delete the requirement relative to banners and bunting strips. The motion was seconded by Coun- cilman Merritt and carried unanimously. In regard to the hours of operation for all business activi- ties, the requirement was modified to read that except for emergency repairs and servicing of vehicles with gasoline and oil, all scheduled major repairs shall be confined to the hours between 7 a.m. and 9 p.m. Councilman Beckley moved approval as modified, seconded by Councilman Merritt and unanimously carried. Clarification of items relative to landscaping was referred to staff. It was moved by Councilman Merritt, seconded by Councilman Beckley and unanimously carried to instruct the City Attorney to prepare a resolution to include the conditions of Planning Commission Resolution No. 69-326, as amended by action of the City Council. Motion was seconded by Councilman Beckley and carried by the following roll call vote: AYES: Councilmen - Beckley, Briggs, Merritt NOES: Councilmen - Tyrell, Harker ABSTAINING: None Council Minutes, Page 5 - April 15, 1969. 9. ORDINANCE NO. 69 -282: 2nd reading. Re. REGULATION OF NEWSRACKS ON PUBLIC RIGHT -OF -WAY. City Attorney Martin presented for second reading Ordinance No. 69 -282, entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY 'ADDING SECTIONS 3911.1 AND 3911.2 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO NEWSRACKS UPON PUBLIC SIDEWALKS. He advised that first reading had been completed at the regular meeting of February 18, 1969, and that the matter had been held in abey- ance over these weeks at the request of newspaper representa- tives. He advised that the first section of the Ordinance makes the finding that the newspaper racks constitute a public hazard and nuisance, and the second section makes the maintenance of newsracks on public sidewalks unlawful and must be abated unless application is made for a particular location and granted. City Manager Koski reported that Mr. Gwynn of the Pasadena Independent and Star News had advised they had been successful during the 30 -day period in removing newspaper racks at Winchell Donut Shop and Pancake Alley, and that these were now on private property; however, two other locations in the City could not be so located because of insufficient private prop- erty available. Mr. Gwynn had indicated his willingness to put in more orderly type of stand to control these locations for the sale of newspapers. Motion to waive further reading and adopt by Councilman Tyrell, was seconded by Councilman Merritt, and opened to discussion. Councilman Merritt suggested the need for guidelines as to requirements to be met by newsstands on public right -of -way. City Manager Koski advised that alleviation of safety factors would be a foremost requirement. Councilman Tyrell considered the use of stands on public right - of -way as constituting private benefit on public property and should not be allowed. The installation of public telephones and other items of quasi public nature for public needs and convenience, on public right -of -way, was discussed. Mayor.' Harker advised that he felt the ordinance should control and regulate only, rather than deny such use entirely. The question was called and a roll call vote was taken, defeating adoption of Ordinance No. 69 -282 as follows: AYES: Councilmen - Merritt, Tyrell NOES: Councilmen - Beckley, Briggs, Harker ABSTAINING: None Mr. Gwynn, Pasadena Independent & Star News, present in the audience, advised that the newspaper representatives will continue to cooperate to provide orderly arrangements for the distribution of newspapers. 10. ORDINANCE NO. 69 -286: 2nd reading. Re. AMENDING BUILDING CODE TO PROVIDE FOR APPEAL TO BUILDING REHABILITATION APPEALS BOARD City Attorney Martin presented Ordinance No. 69 -286, entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTIONS 9925 -1, 9925 -2 AND 9925 -3 TO THE TEMPLE CITY CODE THEREBY AMENDING THE BUILDING LAWS ADOPTED BY ORDINANCE 68 -267 AND THE 1968 EDITION OF THE COUNTY OF LOS ANGELES UNIFORM BUILDING LAWS, for second reading. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Beckley. Following discussion in which it was determined certain revi- sions were necessary, relative to appeal on review of record only, the motion was defeated by unanimous vote. Councilman Council Minutes, April 15, 1969 - Page 6 Tyrell moved to refer the Ordinance to the City Attorney for redraft as outlined in discussion, for presentation at the next regular meeting of the Council to be held May 6, 1969. Motion was seconded by Councilman Briggs and unanimously carried. 11. RESOLUTION No. 69 -905: A RESOLUTION OF THE CITY OF TEMPLE CITY GRANTING A CONDITIONAL USE PERMIT WITH CONDITIONS AND REVERSING PLANNING COMMISSION RESOLUTION No. 69- 328PC, 5327 Baldwin Avenue. City Attorney Martin presented Resolution No. 69 -905 of the City of Temple City containing all of the conditions proscribed by the Planning Commission, and agreed to by the appellant, G. W. McClellan for Inland Marketing Company, for Council approval. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unanim- ously carried to adopt Resolution No. 69 -905. 12. RESOLUTION No. 69 -906: .ESTABLISHMENT OF YOUTH COMMISSION City Attorney Martin presented Resolution No. 69 -906 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR THE ESTABLISHMENT OF A YOUTH COMMISSION AND SETTING FORTH THE DUTIES OF THE COMMISSION, for Council approval. City Manager Koski presented minor revisions to the wording, which revisions were incorporated in the resolution. Councilman Beckley moved to adopt as corrected, seconded by Councilman Briggs. Councilman Tyrell reiterated his concerns of the previous meeting relative to establishing a youth commission on the same basis as the other commissions, and urged a trial period before it is set up as a full commission. Mr. Lou Gilbertson, 9232 Sparklett, addressed the Council, commending them on their foresight in their consideration of a Youth Commission. 13. A roll call vote was taken to adopt Resolution No. 69 -906, and carried by the following vote: AYES: Councilmen - Beckley, Briggs, Merritt, Harker NOES: Councilmen - Tyrell ABSTAINING: Councilmen -None TRAFFIC COMMISSION RECOMMENDATIONS - Meeting of April 2, 1969 A. Item 5 - LAS TUNAS DRIVE - Flashing Signal Operation. Traffic Engineer Envall advised that the Traffic Commission recommended full operation of signals at Kauffman, Camellia, Primrose, Cloverly, Alessandro and Sultana from 8 a.m. to 7 p.m. (presently change at 6 p.m.) with the progression to include Loma because of heavier traffic flows; and to place signal at Encinita on full operation from 6 a.m. to 10 p.m. Councilman Merritt moved to approve the change in flashing signal operation as recommended, seconded by Councilman Briggs and unanimously carried. B. Item 6 - ROSEMEAD BOULEVARD - Short Time Parking. Traffic Engineer Envall advised that the Traffic Commission had restudied the policies of green zone curb markings as requested by the City Council with a view toward the consider- ation of green zone for short time parking at 6267 Rosemead Boulevard as referred to the Commission from the City Council at their regular meeting of March 18, 1969. He reported that the Traffic Commission considered that green zone curb markings should be used for quasi - public places of business only, such as library, post office, utility companies, etc. Following discussion, it was moved by Councilman Briggs that the policy of the Traffic Commission regarding use of green zone for quasi - public places only, be adopted. The motion was seconded by Councilman Tyrell and was defeated by the following roll call vote: AYES: Councilmen- Briggs, Harker NOES: Councilmen- Beckley, Merritt, Tyrell ABSTAINING: Councilmen -None C;guncil Minutes, Page 7 - April 15, 1969. The Council considered the short -time parking request for 6267 Rosemead Boulevard as carried over from previous meeting. After considerable discussion, particularly in regard to the number of requests that would be forthcoming if green zone curb mark- ings were approved for this location, and the need to consider each request on an individual basis, it was moved by Councilman Beckley, seconded by Councilman Merritt and unanimously carried to approve one -hour parking request, enforceable on complaint, on the west side of Rosemead, south of Longden (6267 Rosemead Boulevard) for a distance of 45'. C. Item 7 - TEMPLE CITY BOULEVARD - Use of Reflector Buttons. Traffic Engineer Envall advised that the Traffic Commission recommended the use of reflective road markers (Stimsonite) in conjunction with reconstruction of Temple City Boulevard, from Live Oak north to City limits. It was moved by Councilman Briggs, seconded by Councilman Merritt and unanimously carried that the use of reflective buttons be approved as outlined. 14. SULTANA, ACASO TO SERENO - Acceptance of Work and Filing of Notice of Completion. Director of Public Works Pizzorno reported that the contractor, D & G Concrete of Azusa, had completed the work on the improve- ments to Sultana Avenue, Acaso to Sereno, and Pentland, Sultana to Rosemead, and that he concurred in the recommendation of the engineers, Krelle and Lewis, that the work be accepted; that filing of Notice of Completion be authorized; and the withhold- ing of 10% for 35 days after recordation of final notice of com- pletion be authorized. It was so moved by Councilman Beckley, seconded by Councilman Briggs and unanimously carried. 15. APPOINTMENT OF DIRECTOR OF PUBLIC SAFETY. City Manager Koski advised that the provisions of Section 2750 (Ordinance 69 -280), Temple City Municipal Code, establish that the Police Commission has the authority to designate the City Manager as the Director of Public Safety, and recommended that the appointment be made at this time, Under the authority of the Police Commission, as designated by Resolution No. 69 -899, it was moved by Councilman Merritt, seconded by Councilman Briggs and unanimously carried that the City Manager be appointed as Director of Public Safety. 16. RESOLUTION NO. 69 -902: APPOINTING PERSONNEL - Typist Clerk - Tempora ry City Manager Koski presented Resolution No. 69 -902, A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL - TEMPORARY. Councilman Merritt moved to adopt, seconded by Councilman Briggs and unanimously carried. 17. RESOLUTION NO. 69 -903: APPOINTING PERSONNEL - Recreation Leader - Temporary City Manager Koski presented Resolution No. 69 -903, A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL - TEMPORARY. Councilman Briggs moved to adopt, seconded by Councilman Beckley and unanimously carried. 18. RESOLUTION NO. 69-904: APPOINTING PERSONNEL - Maureen Carey, Recreation Supervisor. City Manager Koski presented Resolution No. 69 -904, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. Councilman Beckley moved to adopt, seconded by Coun- cilman Merritt and unanimously carried. Council Minutes - April 15, 1969 - Page 8 19. RESOLUTION No. 69 -907 - WARRANTS & DEMANDS. Councilman Briggs moved to adopt Resolution No. 69 -907, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $70,140.95, DEMAND NOS. 12420 through 12478. Councilman Beckley seconded and the motion carried unanimously. III 20. COMMUNICATIONS: None 21, TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one came forward. 22, MATTERS FROM CITY OFFICIALS: 1 1 City Manager Koski requested approval to draw warrants covering expenses for California Contract Cities Seminar to be held in Palm Springs May 15 -18, 1969, for the following items: registration fee, hotel deposit, and expense checks for delegates who will be attending. Councilman Briggs moved to approve, seconded by Councilman Merritt and unanimously carried. City Manager Koski reported that as a follow -up of the study session with the Planning Commission the previous evening, the staff would transmit the proposed suggestions pertaining to non - conforming residential lots to the Planning Commission for concurrence and return to the Council for the next regular meeting of the Council. Councilman Tyrell advised that legislation to consolidate municipal courts had been introduced again at this session of the Legislature. The Council concurred in opposing, and directed the City Manager and City Attorney to draft the necessary letter for the Mayor's signature, to be sent to appropriate legislators, opposing the consolidation. City Manager Koski advised that a proposed guideline for use of City Hall facilities had been prepared by staff for consideration of the Council. City Manager Koski reported that action was being taken on a complaint from a property owner on Kauffman Avenue, wherein certain items were of concern to both the property owner and the City. Director of Public Works Pizzorno requested direction on the relocation of phone booths, presently on Temple City Boulevard at Las Tunas, which were in the right -of -way for the Temple City Boulevard Improvement Project. He advised that it had been the recommendation of the Parking Commission that two phone booths be retained on Las Tunas in addition to any that would be placed in the new mall. Council concurred with the relocation of the booths, adjacent to the curb on Las Tunas Drive. Traffic Engineer Envall presented proposed design for 48" x 30" oval, and 30" round City entrance signs, to include the word "Welcome" above the camellia, and "Temple City" under the camellia, as shown. Traffic Engineer Envall recommended relocation of the westbound bus stop at Sultana, from near side to far side, to which businesses in the area were receptive. It was moved by Councilman Merritt, seconded by Councilman Beckley and unanimously carried that the relocation of this bus stop be approved as recommended by the Traffic Engineer. Council Minutes, April 15, 1969 Page 9 Z3. ADJOURNMENT: Councilman Briggs moved to adjourn at 11:15 p.m, seconded by Councilman Beckley and unanimously carried. Next regular meeting of the City Council will be on Tuesday, May 6, 1969, at 7:30 p.m, in the Council Chambers of the City Hall, 5938 North Kauffman Avenue, Temple City. ATTEST: �'F CITY tLERK 1 MAYOR Y(i/a4-7-6eA____,