HomeMy Public PortalAboutCity Council_Minutes_1969-10-21_Regular 1969COUNCIL MINUTES
CITY OF TEMPLE CITY
OCTOBER 21, 1969
INITIATION:
1. Mayor Harker called the regular meeting of the City Council to
order at 7:35 p.m.
2. The invocation was given by the Reverend Edward Clark, Temple City
Brethern Church, 5537 Temple City Boulevard.
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, Assistant City Manager Recupero,
City Attorney Martin, Director of Public Works
Pizzorno, Planning Director Dragicevich, Traffic
Engineer Envall.
Mayor Harker welcomed the guests present at the meeting, giving particular
recognition to Sgt. Race and his students from the Citizen and the Law
Program at Oak Avenue School.
5. APPROVAL OF MINUTES.
City Manager Koski advised that the statement on page 6, paragraph 5,
"...that the Planning Commission also recommended modification of
item (b) (2) of Sections 2, 3 and 4 to exclude crowing roosters,"
should reflect that this was a staff recommendation and not that of
the Planning Commission. Councilman Briggs moved to approve the
minutes as corrected, seconded by Councilman Beckley and unanimously
carried.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning
Code Relating to Drive -in Businesses.
Mayor Harker inquired if proper notice had been provided in regard
to the Public Hearing, which was affirmed by the Clerk. He then
declared the Public Hearing open.
Planning Director Dragicevich advised that the Temple City Zoning
Code requires the obtaining of conditional use permits for car
washes, automobile service stations, drive -in restaurants and
commercial recreational facilities open to the public. However
other drive -in businesses are not included. He stated that the
Planning Commission had adopted Resolution No. 69 -349PC recommending
certain businesses, conducted primarily as drive -in, drive- through,
take -out and other vehicular oriented businesses;' or when the
character and operation was primarily to provide services or
products directly to occupants, to also require conditional use
permits.
In response to inquiry, City Attorney Martin clarified that banks,
which were included in the list, have to comply with zoning
regulations.
Mayor Harker invited those who wished to speak either for or
against the matter to come forward. No one wished to speak.
Council Minutes, October 21, 1969 - Page 2
Councilman Briggs moved to close the hearing, seconded by Council-
man Merritt and unanimously carried.
Councilman Beckley inquired into the background of the Planning
Commission action that determined which type of businesses would be
included. Planning Director Dragicevich advised that generally
vehicle oriented businesses were included, and that investigation
of other cities also provided insight as to which businesses might
come up in the future. Councilman Tyre]) suggested that Item 12 be
revised to read "Any business (1) when conducted primarily as
drive -in, drive through, take -- out..." and to delete (a) through (j)
listing the separate businesses. Councilman Merritt agreed, noting
that the list did not include dry cleaners which create as much of
a problem as many of the businesses which were listed. It was
generally concurred that there could be other drive -in type of
businesses not listed, which may come up from time to time, and that a
specific list limited implementation of the intent of the ordinance.
Councilman Tyrell moved to instruct City Attorney to prepare an Ordinance
to regulate vehicle oriented businesses as .:.recommended_by _. th.e. Planning
Commission, but deleting the listing of the specific businesses as
discussed. Councilman Briggs seconded the motion which carried
unanimously.
City Attorney Martin provided a copy of a proposed ordinance to
be included as part of the business license ordinance that
regulatory permits be included for certain types of businesses to
the Council for study and future action.
7. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning
Code Relating to Walls, Hedges and Fences.
Mayor Harker inquired if proper notice had been provided in regard
to the Public Hearing, which was affirmed by the Clerk. He then
declared the Public Hear.i.ng open.
Planning Director Dragicevich provided background information
in that the matter had been brought up by property owners that in
some cases the present requirements are too stringent, and in others
the code did not provide for adequate vision. clearance. He stated
that certain technical details in regard to specific requirements
needed to be coordinated with the requirements of the Public Works
Department. Councilman Briggs moved to continue the Public Hearing
to the regular meeting of November 18, 1969, at 7:30 p.m., at
which time the technical details will be worked out. The motion
was seconded by Councilman Tyrell and unanimously carried.
8. RESOLUTION No. 69 -965: Re. Denial of Appeal, Conditional Use
Permit No. 69- 291PC, 9503 E. Las Tunas Drive (Sam's Roast Beef)
In accordance with instruction of the City Council at their regular
meeting held on October 7, 1969, City Attorney Martin presented
Resolution No. 69 -965 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY DENYING A CONDITIONAL .USE .PERMIT IN CASE No.
69- 291PC.. Councilman Briggs moved to approve, seconded by Council-
man Beckley. Councilman Tyrell advised that he wished to abstain
from voting on the matter. A roll call vote was taken on the motion
which carried as follows:
AYES: Councilmen: Beckley, Briggs, Harker
NOES: Councilmen: Merritt
ABSTAINING: Councilmen: Tyrell
9 ORDINANCE No. 69 -294: 2nd read. Re. Request for Franchise -
Southern California Water Company
City Attorney Martin advised that Southern California Water
Company had requested this franchise which had been negotiated
for sometime, and a 15 -year franchise worked out and placed on
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Council Minutes, October 21, 1969 - Page 3
first reading at the Council meeting of October 7, 1969. He then
presented Ordinance No. 69 -294 entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, GRANTING TO SOUTHERN
CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE
TO USE OR TO LAY AND USE PIPES, DITCHES, FLUMES, CONDUITS AND
APPURTENANCES, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND
ALL PURPOSES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS,
WAYS, ALLEYS AND PLACES AS THEY NOW EXIST OR MAY HEREAFTER EXIST
WITHIN A DESIGNATED FRANCHISE AREA OF THE CITY OF TEMPLE CITY, for
second reading. Councilman Merritt moved to waive further reading and
adopt, seconded by Councilman Briggs. Councilman Briggs inquired
relative to a seemingly conflicting statement relative to percentages
to be paid the City, as outlined in Section 4 on page 2, wherein the
City would receive 2 %, however the statement was qualified that such
payment shall in no event be less than 1% of the gross annual receipts
of the Grantee derived from the sale of water within the limits of
the franchised area. City Attorney Martin advised that the clause
was meaningless, that it would always amount to the 2 %, but that it
was statutory. Following the discussion, the motion to waive further
reading and adopt Ordinance Noe 69-294 was unanimously carried.
10. ORDINANCE No. 69 -293: 2nd read. Re. Household Pets,
City Attorney Martin advised that Ordinance No. 69 -293 dealing with
household pets had been referred to the City Council from the Planning
Commission for concurrence, following which the Ordinance was placed
on first reading. He advised that a correction to the ordinance adding
Section 2 (3) e), providing for compliance with the new regulations
on or before January 1, 1971, required subsequent sections to state
"except as otherwise provided" which had been omitted in retyping, and
which entries were noted for the final draft. City Attorney Martin
presented Ordinance No. 69 -29-3 ent it_led AN ORDINANCE OF THE CITY OF
TEMPLE CITY AMENDING THE TEMPLE CITY ZONING REGULATIONS WITH REGARD TO
HOUSEHOLD PETS for second reading. Councilman Tyrell moved to waive
further reading. Mayor Harker stated that before accepting the motion,
he would like to advise that the minority report filed by Mr. Boyce
O'Bannon, concerning standards, had been provided to the Council and
was part of the official records. An additional letter from Mr.
O'Bannon delivered this evening was received and filed.
Councilman Briggs inquired as to whether the 35' distance from a res-
idence also included the owner. Planning Director Dragicevich advised
that this was a requirement of the County Health Department. Council -
man Beckley stated that perhaps it would not be necessary to impose
an annual fee as indicated in Item 2 of the standards, but that
inspection could be accomplished on complaint.
Mayor Harker advised that the motion before the floor would not concern
the standards, but was to act on the ordinance. Councilman Tyrell
reaffirmed his motion to place on second reading by title only, and
to waive further reading in full, seconded by Councilman Briggs and
carried by the following roll call vote, Councilman Merritt revising
his vote to the affirmative for this portion of the action:
AYES: Councilmen: Beckley, Briggs, Merritt, Tyrell, Harker
NOES: Councilmen: None
ABSENT: Councilmen: None
Councilman Tyrell moved to adopt Ordinance No. 69 -293, seconded by
Councilman Briggs and carried by the following roll call vote:
AYES: Councilmen: Beckley, Briggs, Tyrell, Harker
NOES: Councilmen: Merritt
ABSENT: Councilmen: None
Council Minutes, October 21, 1969 - Page 4
In discussing the standards, the following persons in the audience
addressed the Council:
John Brunengo, 9425 Pentland, protested the keeping of any pigeons
in the City, and suggested that the matter should be voted upon at
a general election.
John J. Brown, 9913 E. Lower Azusa, who keeps several hundred pigeons,
inquired as to the need for a permit and the implementation of the
ordinance.
Mrs. Elsie Juenemann, 4941 Doreen, spoke relative to her continued
problems with an aviary located next door to her residence. She was
advised to direct her complaint as to the public nuisance to the
City Attorney, in care of the City Hall, who would investigate, and
prosecute as his duty as City Attorney, if such nuisance is found to
exist.
It was noted that Item 11, and others, of the list of standards, had
not been revised to conform to the changes effected in the ordinance,
and that adjustments would need to be made in the criteria. Mayor
Harker directed that the list of standards be returned to the
Planning Commission for evaluation and development, in conformance
to Ordinance No. 69 -293 now adopted, for staff guidance, with no
further action required on the part of the Council.
NEW BUSINESS:
11. RECOMMENDATIONS FROM PARKING COMMISSION - Meeting of October 8, 1969.
Traffic Engineer Envall advised that the Parking Commission recommen-
ded random enforcement of the two -hour parking limit on public park-
ing lots 4, 5 and 8, and the northerly half of lots 2 and 3, between
Thanksgiving and Christmas. Councilman Beckley inquired into the cost
of the enforcement, particularly since he had read an article in the
newspaper that Temple City would share costs of a 3- wheeler with
South El Monte. City Manager Koski advised that no request had been
made to use the 3- wheeler, and that the enforcement would be accom-
plished with the units presently available. Councilman Tyrell moved
to approve, seconded by Councilman Beckley and carried. Councilman
Briggs was absent from the meeting at this time, and did not vote on
the motion.
12. RECOMMENDATIONS FROM THE TRAFFIC COMMISSION - Meeting of Oct. 8, 1969.
A. GOLDEN WEST AVENUE: Las Tunas Drive to Live Oak. Traffic
Engineer Envall advised that the Traffic Commission recommended
posting of 25 -mile- per -hour speed limit signs on Golden West,
immediately north of. Live Oak and south of Las Tunas Drive. Council-
man Merritt moved to approve, Councilman Tyrell seconded the motion
and carried, Councilman Briggs being absent.
B. BROADWAY: Encinita Avenue to Rosemead Boulevard. Traffic
Engineer Envall advised that the Traffic Commission recommended -
1) Posting of "No Stopping Any Time" signs for a distance of
200 feet west of Encinita on the north side of Broadway; for a
distance of 170 feet east of Encinita on the south side of Broad-
way; and for a distance of 90 feet on the east side of Encinita,
south of Broadway; and, 2) Placing "Right Lane Must Turn Right"
sign on the east side of Encinita Avenue for northbound traffic.
Councilman Tyrell moved to approve, seconded by Councilman Merritt
and carried, Councilman.._ Briggs being absent.
13. RECOMMENDATIONS FROM THE PARKS & RECREATION COMMISSION - Meeting
of September 17, 1969.
A. City Manager Koski presented a recommendation from the Parks &
Recreation Commission relative to personnel attire which would allow
the wearing of Bermuda shorts as part of the approved uniform attire.
Council Minutes, October 21, 1969 - Page 5
Councilman Beckley moved to approve, seconded by Councilman Tyrell
and carried, Councilman Briggs being absent.
B. City Manager Koski presented a recommendation from the Parks &
Recreation Commission to renew co- sponsorship of the Temple City
Soccer Club for the 1969 -70 season. Councilman Tyrell moved to
approve, seconded by Mayor Harker and carried, Councilman Briggs being
absent.
I 14. SET PUBLIC HEARING: ASSESSMENTS - ENCINITA AVENUE, east side,
Longden Avenue to 900 feet northerly
Councilman Tyrell moved to set public hearing for assessments, Encinita
Avenue, east side, Longden Avenue to 900 feet northerly, for Tuesday,
November 4, 1969, at 7:30 p.m. in the Council Chambers of the City Hall,
seconded by Councilman Merritt and carried, Councilman Briggs being
absent.
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15. BROADWAY IMPROVEMENT PROJECT - Rosemead to Encinita - Time Extension.
Director of Public Works Pizzorno presented a request from Sully — Miller,
contractor, for time extension of fifteen calendar days to complete
work not anticipated, including the installation of sidewalk, south
side of Broadway, and modification of catch basin, which request was
recommended_.. by Krelle & Lewis, Engineers, and supported by the Director
of Public Works. Councilman Tyrell moved to approve the request for
time extension as outlined by the Director of Public Works, extending
the completion date to Friday, November 7, 1969, for Broadway Improve-
ment Project, Rosemead to Encinita, seconded by Councilman Merritt and
carried. Councilman Briggs abstained from voting, having missed a por-
tion of the presentation.
16. VEHICLE LEASE AGREEMENT
City Manager Koski advised that a new 2 -year closed -end lease for a
city automobile had been negotiated with Haffner Chrysler, West Covina,
for a 1970 model station wagon in the amount of $110.25, which was
approximately $2 less than the present rate even though the price of
the new vehicle had increased by approximately $450. Councilman Tyrell
moved to approve, seconded by Councilman Briggs and unanimously carried.
17. GROUNDS MAINTENANCE AGREEMENT - COUNTY FACILITIES
City Manager Koski presented an agreement with the County of Los Angeles
for maintenance of civic center grounds adjacent to the City Hall in
the amount of $660 per year. Councilman Merritt moved to approve and
authorize the Mayor and City Clerk to sign, seconded by Councilman Briggs
and unanimously carried.
18. ARCHITECTURAL SERVICES - LIVE OAK PARK AND MAINTENANCE YARD PROPOSAL:
FICKES & FICKES, ARCHITECTS & PLANNERS
City Manager Koski presented a proposal from Fickes and Fickes,
Architects, for services to assist the City in three categories at
Live Oak Park, namely 1) Master plan study of new land acquisition,
2) Recreation office facilities, and 3) Design of outdoor sun protection
and pergola over patio; and development plans for the corporation yard
on Pentland, including design of perimeter wall and preparation of plans
and specifications. He recommended the schematic layout of the park be
referred to the Parks and Recreation Commission as a preliminary step
prior to using architectural assistance.
There was general discussion as to the cost of architectural services
for design of the perimeter wall of the corporation yard, and it was
considered that there be no commitment with the architect until further
studies had been made by staff. City Manager Koski advised that plans
and specifications would need to be established in order to go to
contract and recommended that the architects have the opportunity to
deal with the overall design in one package.
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Council Minutes, October 21, 1969 - Page 6
Councilman Beckley moved to refer Item A, the Schematic Master Plan
Study, to the Parks and Recreation Commission; and to authorize the
Mayor and City Clerk to sign an agreement for architectural services
for Items B and C, Recreation Department Office Facilities and
Community Center- Pergola, Planter Revision and Storage Unit at
Existing Patio. Councilman Merritt seconded the motion which carried
unanimously. The matter of the corporation yard was referred to staff
for further study to determine possible ways to construct the perimeter
wall, separate from the overall plan.
19. ORDINANCE No. 69 -295: 1st read. Re. Amendment to Temple City Muni_:
cipal Code relating to permit for discharge of certain defined weapons
on an approved firing range.
City Attorney Martin presented Ordinance No. 69 -295 entitled AN ORD-
INANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3502.1 and 3506
OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE USE OF FIREARMS,
for first reading. Councilman Tyrell moved to waive further reading,
seconded by Councilman Merritt and unanimously carried.
20. ORDINANCE No. 69 -296: 1st read. Re. Amendment to Temple City Muni-
cipal Code Relating to Holidays.
City Attorney Martin presented Ordinance No. 69 -296 entitled AN ORD-
INANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 2371 OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO HOLIDAYS, for first reading. Council-
man Merritt moved to waive further reading, seconded by Councilman
Briggs and unanimously carried.
21. PERSONNEL APPOINTMENTS:
City Manager Koski presented Resolution No. 69 -966, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL -
TEMPORARY. Councilman Tyrell moved to adopt, seconded by Councilman
Beckley and unanimously carried.
22. WARRANTS & DEMANDS: RESOLUTION No. 69 -967 - Demand Nos. 907 through
949, in the amount of $24,969.74.
Councilman Tyrell moved to adopt Resolution No. 69 -967, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $24,969.74., DEMAND NOS. 907 THROUGH 949,
Councilman Briggs seconded the motion which carried unanimously.
23. COMMUNICATIONS:
A. City Manager Koski presented a communication from the law firm of
Kahn, Stern & Blaney, presenting claim for damages for Mr. and Mrs.
H. B. Dahlson in the death of their son, Alan Paul Dahlson, in an
automobile accident in the City of Temple City on September 20, 1969.
Councilman Tyrell moved to deny the claim, seconded by Councilman
Merritt and unanimously carried.
B. City Manager Koski presented a communication from S.C.A.G. seeking
support of the City Council of the City of Temple City for the con-
tinuation of present import quotas on low sulphur content oil in the
interest of air pollution control in Southern California. Councilman
Tyrell moved that the City Council of the City of Temple City, based
upon a recommenda._t..ion, adopted by th.e__.S_C.A.G. Standing Committee on
Air Pollution Control and. the S.C.A.G. Council of Air Pollution Control
Officers in joint meeting on August 13, 1969, hereby endorses the
statement of the Los Angeles County Air Pollution Control District of
July 10, 1969, and in the interests of air pollution control in the
Southern California air basin urges the continuation of the present
import quotas on low sulphur content oil which are due to be termin-
ated on March 15, 1970. The motion was seconded by Councilman
Beckley and carried unanimously.
Council Minutes, October 21, 1969 - Page 7
C. City Manager Koski presented a communication from Betty Martin,
Parking Commissioner, dated October 15, 1969, wherein she submitted
her resignation for the reason that she had sold her business and
no longer resided in Temple City. Councilman Tyrell moved to accept
the resignation with regret, seconded by Councilman Merritt and
unanimously carried.
Councilman Tyrell advised that Al Millham had expressed an interest
to again serve on a Commission since regaining his health, and
moved that Mr. Millham be appointed to serve the unexpired term
of Betty Martin, to June 18, 1970, on the Parking Commission. The
motion was seconded by Councilman Briggs and carried unanimously.
D. City Manager Koski presented a communication from S.C.A.G.
relative to the General Session to be held on Wednesday, October 23,
1969.
24. AUDIENCE PARTICIPATION:
No one came forward to speak.
25. MATTERS FROM CITY OFFICIALS:
A. Councilman Briggs discussed the general condition of Temple City
Boulevard, from Live Oak southerly to City limits, advising that in
some places it was actually breaking out. Director of Public Works
Pizzorno advised that this matter had been under surveillance for
some time, and various methods of repair were presently being dis-
cussed with the County Road Department. He stated that the capping
process would be less costly, but would probably not hold up
because there were some failures in the base, however that slurry
seal would probably lengthen the life of the street by approximately
ten years. These and other methods are being studied by the Road
Department to determine the best type of repair for the money that
would be involved.
B. Councilman Merritt stated that several chuck holes had appeared
on Woodruff between Temple City Boulevard and Baldwin. Director of
Public Works Pizzorno advised that he would look into the matter.
C. Mayor Harker advised that the Southern California Tuberculosis
Association would have a unit at the City Hall on Monday, November 10,
at 2 p.m., and that he would not be able to be present for ceremonies
planned at that time. ;Councilman Merritt agreed to be present,
however in the event he cannot, Councilman Beckley will be contacted.
D. Mayor Harker stated that he would be attending a special meeting
at the County Board of Supervisors Hearing Room on Wednesday,
October 22, 1969, at which time a special demonstration of the low
emission steam turbine engine would be held.
E. Mayor Harker reported on a communication he had received from
the California Legislative Assembly Committee on Elections and
Constitutional Amendments, which was primarily concerned with
lowering the voting age from 21 to 18. He advised that he would
have copies provided to each of the Councilmen and would appreciate
their comments.
F. City Manager Koski presented a proposed ordinance dealing with
the Municipal Code relating to park operation, which had been
drafted by the City Attorney. City Attorney Martin presented
Ordinance No. 69 -297 entitled AN ORDINANCE OF THE CITY OF TEMPLE
CITY AMENDING SUBSECTION 4 of SECTION 3707 OF THE TEMPLE CITY
MUNICIPAL CODE RELATING TO PARK OPERATION for first reading.
Councilman Tyrell moved to waive further reading, seconded by
Councilman Merritt and unanimously carried. Mayor Harker referred
the ordinance to the Parks & Recreation Commission for study
and recommendation.
Council Minutes, October 21, 1969 - Page 8
26. ADJOURNMENT:
Councilman Briggs moved to adjourn to a study session at 9:40 p.m.,
Councilman Merritt seconded, and the meeting was adjourned.
The next regular meeting of the City Council will be held on
Tuesday, November 4, 1969, at 7:30 p.m. in the Council Chambers
of the City Hall.
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ATTEST:
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- MAYOR