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HomeMy Public PortalAboutCity Council_Minutes_1969-06-03_Regular 1969COUNCIL MINUTES CITY OF TEMPLE CITY JUNE 3, 1969 INITIATION: 1. Mayor Harker called the regular meeting of the City Council to order at 7:30 p.m. 2. The invocation was given by Rev. Edward Clark, Temple City Bretheren Church, 5537 Temple City Boulevard, Temple City, following which, 3. Mayor Harker led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Briggs, Merritt, Tyrell, Harker ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Director of Public Works Pizzorno, Planning Director Dragicevich, Recreation Director Kobett. 5. Mayor Harker noted an omission in the Minutes of May 20, 1969, as follows: "It was moved by Councilman Briggs, seconded by Council- man Beckley, and unanimously carried, that the absence of Council- man Tyrell be excused for business reasons." Councilman Merritt moved to approve the Minutes of May 20, 1969, with the inclusion stated, seconded by Councilman Briggs, and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning Code - Outdoor Sign Regulations. Mayor Harker inquired if due notice had been provided relative to the Public Hearing, which was affirmed. He then declared the Public Hearing open. Planning Director Dragicevich presented background information on the proposed ordinance for outdoor sign regulations, stating that it was the product of several months of study by the Planning Commission, and the Chamber of Commerce Sign Committee, and that it had been approved by the Planning Commission by Resolution No. 69 -329PC on April 22, 1969, recommending it to the City Council for consideration and adoption. He advised that the sign ordin- ance was applicable to all zones, however of most importance were the signs which are applicable to commercial and manufacturing property. The various types of signs were displayed to the Council by use of overhead projector. Mayor Harker asked if anyone wished to speak either for or against the proposed ordinance. Alex Goodman, Manager of the Temple City Chamber of Commerce, advised that the proposed ordinance was the outcome of studies with the Chamber Sign Committee, and that there was no dissension in recommending the ordinance for adoption. Also, the Chamber Board of Directors had approved the ordinance as proposed, and it has been forwarded to the business community. Mayor Harker asked if anyone else wished to speak either for or against the matter. No one came forward. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Beckley and unanimously carried. Council Minutes, June 3, 1969 - Page 2 Councilman Briggs expressed appreciation to the Chamber of Commerce Sign Committee, the Board of Directors and the Manager, as well as the Planning Commission, for the many hours and the fine teamwork that had gone into the drafting of the proposed ordinance. Councilman Tyrell noted that no consideration had been given for unusual type of signs, such as the Union Oil ball, or the Jack -in- the -Box sign, which are standard signs for those companies- -that only single or double -faced signs were allowed. He also called attention to Section 9476, sub (2), which allowed a name plate for the occupant only in M -3 and M -4 areas, which was unduly restrictive. The matter of limiting to 4 r.p.m. was discussed by the Council, with the consensus that it should be more flexible, with up to 8 r.p.m. as a more reasonable limitation. Inasmuch as these were major items of concern, and in view of the amount of work preceding the draft, Councilman Tyrell recommended that the ramifications of each item be gone over in a study session, which was also recommended by Councilman Beckley. Councilman Briggs moved to adjourn the deliberation on the proposed ordinance for outdoor sign regulations to a joint study session with the Planning (Commission, on June 16, 1969, at 7:30 p.m. The motion was seconded by Councilman Tyrell and unanimously carried. Mayor Harker extended an invitation to the Chamber of Commerce Sign Committee to be present at the study session to hear the deliber- ations. 7 PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning Code - Excavation of Natural Resources. Mayor Harker inquired if proper notice had been given for the Public Hearing which was affirmed. He then declared the Public Hearing open. Planning Director Dragicevich gave background infor- mation, advising that an interim ordinance was now in effect which would expire on March 18, 1970. He reported that the proposed ordinance required the conditional use procedure, so that when applications were made, the particular standards that might be applicable would be applied to determine the conditions of granting the permit. A check list of suggested standards was attached, however he advised that additional standards pertinent to the particular application would be used as a guide in establishing the conditions,accor - ding to criteria that would evolve at that time. Councilman Tyrell made several inquiries of the Planning Director during his presentation, particularly as to establishing detailed or precise technical standards. Mayor Harker asked if anyone in the audience wished to speak, either for or against the proposed ordinance. J. D. Bertino, Standard Oil Company, speaking in favor of the proposed ordinance, advised that his company had an opportunity to review the proposed ordinance, as well as the list of suggested con- ditions, and that the Standard Oil Company could abide by them. He advised that a detailed ordinance had been provided by them to the Planning Commission, however for the time the conditional use permit procedure was probably adequate to provide for all of the procedures and inspections that would be necessary. He further stated that.the Division of Oil and Gas of the State of California has taken juris- diction over the plugging of abandoned wells, about which an inquiry had been made. In response to an inquiry about decibals of noise, Mr. Bertino advised that this requirement could vary according to the type of area, and that more protection would be required for a residential area than for M -3. Council Minutes, June 3, 1969 - Page 3 Mayor Harker inquired if anyone else wished to speak on the matter, No one came forward. Councilman Beckley moved to close the Public Hearing, seconded by Councilman Merritt and unanimously carried. City Attorney Martin advised the Council that the standards which were attached to the ordinance were not a part of the ordinance, but simply a list of some of the things which the Planning Commission has noted for consideration, and that they were not completely defined but simply a guide. Councilman Beckley moved that the City Attorney be instructed to prepare an ordinance amending the Temple City Zoning Code re. excavation of natural resources, seconded by Councilman Merritt and unanimously carried. The City Attorrmy was further directed to prepare a summary of state, or any other, applicable regulations pertaining to the excavation and production of natural resources. 8. ORDINANCE No. 69 -285: 2nd read. (rev.) Re. Amendment to Temple City Zoning Code - Nonconforming Residential Uses. City Attorney Martin presented Ordinance No. 69 -285, entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SUBSECTIONS (3)A AND (3)B TO SECTION 9275 OF THE TEMPLE CITY CODE RELATING TO NONCON- FORMING RESIDENTIAL STRUCTURES for second reading. He advised that the Planning Commission had concurred in the changes prescribed by the Council at the time of first reading of the revised ordinance. It was moved by Councilman Merritt and seconded by Councilman Briggs to waive further reading. Councilman Beckley advised that at first reading he had voted yes, reserving the right to vote no on second reading, however since he had no strong objections he would vote affirmative. There were no objections, and Mayor Harker declared the motion carried. 9 ORDINANCE No. 69 -287: 1st read. Street Name Change (Double Drive to Santa Anita) City Attorney Martin presented Ordinance No. 69 -287 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY, NAMING AND RENAMING CERTAIN STREETS WITHIN THE CITY OF TEMPLE CITY, for first reading. It was moved by Councilman Merritt, seconded by Councilman Briggs and unanimously carried to waive further reading of Ordinance No. 69 -287. 10. APPOINTMENT OF PLANNING COMMISSION AS BUILDING REHABILITATION APPEALS BOARD City Attorney Martin advised that confirmation of appointment of the Planning Commission as the Building Rehabilitation Appeals Board, as provided for in Chapter 99 of the Uniform Building Code, was now in order, since appeal procedure from the Building Rehabilitation Appeals Board to the City Council was now established by Ordinance No. 69 -286, adopted by the City Council on May 20, 1969. It was moved by Councilman Merritt, seconded by Councilman Briggs and unan- imously carried that the Planning Commission be appointed as the Building Rehabilitation Appeals Board under Chapter 99 of the Uniform Building Code. 11 RENEWAL OF AGREEMENTS A. Los Angeles County - Law Enforcement Services (1 -year contract). City Manager Koski presented a proposed agreement for law enforce- ment services as provided by the Chief Administrative Office, Los Angeles County. He advised that the basic provisions of the contract were the same as those presently contracted for, with the rate subject to change, depending on the salary increases or fringe benefits granted Sheriff's Deputies by the Board of Supervisors. Council Minutes, June 3, 1969 - Page 4 City Manager Koski also advised that this item would be studied by the Grand Jury during the year, and a new contract would be presented for 1970 -71. It was moved by Councilman Tyrell, seconded by Councilman Beckley and unanimously carried to approve the agreement for law enforcement services with Los Angeles County for a one -year period from July 1, 1969, to June 30, 1970, and to authorize the Mayor and City _Clark to sign. B. Temple :City Unified School District ;Recreation ;Program .(1 -year contract). City Manager Koski presented a renewal agreement for community recreation program with the Temple City Unified School. Dis- trict for consideration. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unanimously carried to approve the renewal agreement with the Temple City Unified School District for recreation program for a one -year period, from July 1, 1969 to June 30, 1970, and to authorize the Mayor and City Clerk to sign. C. Chamber of Commerce - Community Promotion (1 -year contract). City Manager Koski presented a request from the Temple City Chamber of Commerce for renewal of agreement for community promotion services for consideration. It was moved by Councilman Briggs, seconded by Councilman Beckley and unanimously carried to renew the agreement with the Temple City Chamber of Commerce as outlined by the City Manager, for a one -year period, from July 1, 1969 to June 30, 1970, and to authorize the Mayor and City Clerk to sign. D. San Gabriel Valley•Humane Society (3 -year contract). City Manager Koski presented a request for renewal of contract for animal control services for a three -year period beginning July 1, 1969, all conditions being the same except (1) impound fee to be increased from $2.50 to $4.50, and (2) board fee to be increased from $.50 to $1.00. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unan- imously carried to renew the contract with the San Gabriel Valley Humane Society for animal control services for a three -year period from July 1, 1969 to June 30, 1972, and to authorize the Mayor and City Clerk to sign. E. Bates & Diehl (1 -year contract). City Manager Koski presented a request for renewal of contract for public information services from Bates and Diehl, for a one -year period commencing July 1, 1969, all conditions being the same. It was moved by Councilman Tyrell, seconded by Councilman Briggs and unanimously carried to renew the contract for public information services with the firm of Bates & Diehl, for one -year period from July 1, 1969 to June 30, 1970, and to authorize the Mayor and City Clerk to sign. 12. APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT - Shell Oil Co. (Case No. 69-276PC) City Manager Koski advised that Conditional Use Permit granted by the Planning Commission to the Shell Oil Company in the above case was previously appealed to the City Council, where it had failed by a 3/2 vote, and that the appellant has now applied for a modification of the particular condition dealing with reverse lubrication bays. Councilman Merrit moved, that based on previous extensive hearing wherein the matter was thoroughly discussed, that the appeal be denied. The motion was seconded by Councilman Beckley. Mayor Harker noted that unless some new evidence was to be presented, the application would probably again be denied. City Manager Koski advised that no additional information was presented with the application, however that the item could be continued to determine if there were any new aspects. Councilman Tyrell observed that inasmuch as a fee had been paid by the applicant, a hearing should be set to allow them to present any new facts they might wish to present. City Attorney Martin recommen- ded that a hearing be set in order that all interested parties, either for or against, could be heard. Councilman Merritt withdrew his motion with the consent of the second. It was then moved by Council- man Briggs, seconded by Councilman Beckley and unanimously carried to set for Public Hearing on July 1, 1969, at 7:30 p.m. in the Council Chambers of the City Hall. Council Minutes, June 3, 1969 - Page ,5 13. REQUEST FOR FRANCHISE - Southern California Water Company. City Manager Koski advised that this matter had been before the City Council for several years, and that negotiations have been conducted with some progress as to what the franchise should include. Councilman Merritt moved to commence proceedings for granting of the franchise, which was seconded by Councilman Beckley. Councilman Tyrell inquired as to whether, if the franchise were granted, it would stand in the way of consolidation of water districts, and it was concluded that if condemnation of the systems in Temple City were to be considered, the granting of the franchise should be given further study. Councilman Merritt withdrew his motion with the consent of the second, and Mayor Harker referred the matter to a Council Study Session. 14. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of May 27, 1969. Planning Director Dragicevich advised the Council that the appli- cation for Zone Variance, Case No. 69 -283, had been before the Planning Commission for Public Hearing on April 22, 1969, and had been continued to meetings of May 13 and May 27, but that the Planning Commission had been unable to reach a decision and had referred the matter to the City Council. City Attorney Martin advised that in fairness to the applicant, it was recommended that the City Council accept jurisdiction. It was moved by Councilman Tyrell, seconded by Councilman Merritt and unanimously carried, to set the matter for Public Hearing on Tuesday, June 17, 1969, at 7:30 p.m. in the Council Chambers of the City Hall. 15. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting of May 21, 1969. Director of Recreation Kobett;adv'ised that the Parks & Recreation Commission had reviewed the policies on personnel attire and recommended certain changes, generally as follows: deletion of the word "denim" as a type of material for slacks, prohibiting the wearing of cotton "T" shirts, prohibiting the wearing of sandals, establishing a uniform jacket, permitting male leaders to wear bermuda style shorts during the summer program period, and estab- lishing that the attire be consistent throughout the year. It was moved by Councilman Beckley, seconded by Councilman Briggs and unanimously carried to approve the revisions of policy on personnel attire, as recommended by the Parks and Recreation Commission. 16. APPROVAL OF FIRE WORKS PERMITS City Manager Koski read the list of eleven (11) applicants and locations for fireworks stands, and advised that proper preliminary inspections had been made, and that necessary deposits and insurance certificates had been received from the applicants. It was moved by Councilman Briggs, seconded by Councilman Beckley and unanimously carried to approve the applications for fireworks stands as filed. Staff was directed to again check to see that all premises so used be properly cleared immediately following the July 4 weekend. 17. PERSONNEL: RESOLUTION No. 69 -917 - Employment of Norma Case, Secretary. City Manager Koski presented Resolution No. 69 -917, A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. Councilman Merritt moved to adopt, seconded by Councilman Briggs and unanimously carried. 18. RESOLUTION No. 69 -918: Warrants and Demands. Councilman Merritt moved to adopt Resolution No. 69 -918, A RESOL- UTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $21,889.65, DEMAND Nos. 158 THROUGH 209. Councilman Briggs seconded the motion which carried unanimously. Council Minutes, June 3, 1969 - Page 6 19. COMMUNICATIONS: City Manager Koski presented a letter from David Oakley, Planning Commissioner, advising of his resignation from the Planning Commission, effective immediately, for health reasons. It was moved by Councilman Tyrell, seconded by Councilman Briggs and unanimously carried to accept the resignation of Commissioner Oakley with regret. The Council directed that a communication be sent to Commissioner Oakley advising him of the expressions of the Council relative to the fine contribution and dedicated service he had provided to the community through his service on the Planning Commission. City Manager Koski advised that Commissioner Garvin's term had expired on the Planning Commission. It was moved by Councilman Briggs, seconded by Councilman Merritt and unanimously carried to reappoint Robert Garvin to a two -year term on the Planning Commission, to May 25, 1971. City Manager Koski presented a communication from California Contract Cities Association, advising of dates and locations for next year's Contract Cities Seminar, as follows: May 7 -10, 1970, El Mirador and Spa Hotels, Palm Springs. 20. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: John J. Reukema, 9547 Longden, addressed the Council relative to a power pole that had been placed in his yard, without his consent, and while he was away from his home, and voiced strong objection to the location of the pole in his yard. Council discussed the obligation of the Edison Co. in notifying residents prior to proceeding with this type of installation, and responsibility for costs involved for any relocation of the pole that might be advisable. While the City Council considered that they had no jurisdiction in the matter, staff was directed to assist Mr. Reukema by contacting the property owner to the east to determine if the pole were moved to the property line, would he object to the placement of guy wires at the front of his property, and if he did not object, the City would modify the district accordingly; however if this was not acceptable, perhaps the property owner to the east would have no objections to allowing 10' of guy wires to encroach across his property. 21. MATTERS FROM CITY OFFICIALS: City Manager Koski advised that the City was ready to proceed with conversion of the electrical service for patrons in the underground uti l i ty district who have not provided, or taken appropriate action for the conversion of the electrical service and necessary trenching as part of the underground ut i l i ty district, and requested authorization to proceed to accomplish the required work. It was so moved by Councilman Tyrell, seconded by Councilman Briggs, and unanimously carried. City Manager Koski advised that terms of Parking Commissioners Paul Kettle, "alter Lookabaugh and Al Nunamaker would expire on June 18, 1969, and that they were agreeable to continuing their ser- vice. It was moved by Councilman Merritt, seconded by Councilman Tyrell and unanimously carried that Commissioners Kettle, Lookabaugh and Nunamaker be reappointed to the Parking Commission for two -year terms expiring June 18, 1971. City Manager Koski presented a letter from James File pertaining to a proposal of City Treasurer on the investment of surplus funds, out- lining the investment procedures that would be followed in which it was deemed there are sufficient safeguards and control to keep appropriate accounting of all City funds. It was moved by Councilman Tyrell, seconded by Councilman Beckley and unanimously carried Council Minutes, June 3, 1969 - Page 7 to authorize the City Treasurer to invest the City funds in short term investments as outlined in Mr. File's letter of May 27, 1969, and instructed the City Manager to draft a letter to the bank advising of this procedure. Councilman Tyrell recommended that bond for the City Treasurer be increased to at least $250,000, which was concurred in by Council. City Manager Koski advised that in order to provide necessary service on Temple City Boulevard, Woodruff to Workman, installation of conduits for the interconnect of steel poles and tying together of tree wells was necessary. Costs of the project were estimated at $1,600 for the west side, which was complete, and approximately $1,400 for the east side. It was moved by Councilman Merritt, seconded by Councilman Briggs and unanimously carried to approve the installation of the conduits as outlined, and appropriate add- itional funds in the amount of $3,000 from the General Fund and amend the Adopted Budget accordingly, provided the project does not qualify for Gas Tax Funds. City Manager Koski presented Resolution No. 69 -919, eulogizing PFC Roger Boomsma, United States Marine Corps, and expressing condolences to his family. It was moved by Councilman Beckley, seconded by Councilman Merritt and unanimously carried to adopt Resolution No. 69 -919. City Manager Koski presented Resolution No. 69 -920, eulogizing PFC David Zimmerman of the United States Marines, and expressing condolences to his family. It was moved by Councilman Briggs, seconded by Councilman Merritt and unanimously carried to adopt Resolution No. 69 -920. City Manager Koski presented Resolution No. 69 -921, eulogizing Hospitalman Lee Thomas Hamman of the United States Marines, and expressing condolences to his family. It was moved by Councilman Merritt, seconded by Councilman Briggs and unanimously carried to adopt Resolution No. 69 -921. Council discussed appropriate means of providing suitable recog- nition to servicemen from Temple City who have given their lives for their country. Staff was directed to look into possible mounting of the documents or perma plaque, and /or appropriate means of expressing the sympathy of the Council. City Manager Koski reported on the study that had been made rel- ative to providing additional lighting on Baldwin Avenue, and the costs that would be involved. Council deferred the matter until such time as a city -wide lighting district is established. City Manager Koski presented a letter from Krelle & Lewis, Engin- eers, in which it was noted that a report would be forthcoming as to the cause and extent of damage, and responsibility for repairs on Baldwin Avenue, and a recommendation as to the procedures for repairing the damage. City Manager Koski reported that staff had investigated the complaint on hours of operation for the Jack -in- the -Box Drive In and that a 30 -day trial period of adjusted hours was presently satisfactory to both the complaint and the operator. City Manager Koski informed the Council that a clarification of the definition of walk -in and drive -in restaurant was presently being requested of the Planning Commission because of an application for a proposed new type of restaurant which does not fall in either category; and that the matter would be coming to the Council at a later date. 1 1 Council Minutes, June 3, 1969 - Page 8 Councilman Tyrell moved to accept the proposed budget for 1969 -70, and to set public hearings on the budget for Thursday, June 12, 1969; June 19, 1969 and June 26, 1969, all at 7:30 p.m. in the Council Chambers of the City Hall. The motion was seconded by Councilman Briggs and unanimously carried. Councilman Merritt inquired as to the progress of repair on the wall that had been knocked out in the new parking lot. Staff advised that the insurance company had instructed the contractor to proceed with the repair. 22. ADJOURNMENT: Councilman Briggs moved to adjourn to the Public Hearing of June 12, 1969, at 7:30 p.m. The motion was seconded by Council- man Tyrell and unanimously carried, and the meeting adjourned at 10 :16 p.m. ATTEST: b 7zgz( (4,7a.tk_ MAYOR