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