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HomeMy Public PortalAboutCity Council_Minutes_1970-01-06_Regular 1970COUNCIL MINUTES CITY OF TEMPLE CITY JANUARY 6, 1970 INITIATION: 1. Mayor Harker called the regular meeting of the City Council to order at 7:32 p.m. 2. The invocation was given by the Reverend William Abell, Church of the Nazarene. 3. The Pledge of Allegiance was led by Mayor Harker. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Briggs, Merritt, Tyrell, Harker ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Assistant City Manager Recupero, Planning Director Dragicevich, Director of Public Works Pizzorno 5. APPROVAL OF MINUTES: Councilman Merritt moved to accept the minutes of the regular meeting of December 16, 1969, as printed, seconded by Council- man Beckley and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING (cont. from Nov. 4, 1969): 7:30 p.m. Re. Complaint on Jack -in- the -Box Operations - 9202 E. Las Tunas Mayor Harker declared the Public Hearing reopened. City Manager Koski presented a status report on the operation of the Jack -in- the -Box, advising that the Sheriff's Department has maintained continued surveillance on the location and that no violation or disturbance has been observed. Checks by the Health Department also revealed no unsanitary conditions. The previous complainant, Paul Helm, had reported that chains to the parking lot were not always in place at the required closing hour, but no other complaints had been received. it was the recommendation of staff that the company be required to continue providing the security guard, and that chains be secured immediately upon closing, and that the case be closed with the provision that if the same or similar problems arise in the future, that the issue again be brought to the attention of the City Council. Mayor Harker invited those present who wished to speak either for or against the matter to come forward. David Wildoner, local manager of Jack -in- the -Box, stated that the cause for the chains not being in place at the proper hours on the occasions mentioned was due to deliveries made after the specified hour, but that the matter had now been corrected and deliveries would be made prior to the closing hour. No one else wished to speak on the matter. Councilman Merritt moved to close the Public Hearing, seconded by Councilman Briggs and carried. Following discussion, Councilman Tyrell moved to accept the staff recommendation, except that the security guard requirement be terminated until such time as the City Manager deems it necessary. The motion was seconded by Councilman Briggs and carried unanimously. Council Minutes, January 6, 1970 - Page 2 7 PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning Code relating to rear yard setbacks in C -2 zone, adjacent to Pedestrian Malls. Following affirmation that proper notice had been provided in regard to the Public Hearing, Mayor Harker declared the Public Hearing open. Planning Director Dragicevich advised that it was the recommendation of the Planning Commission to except lots adjacent to Pedestrian Malls from the required 5 ft. rear yard setback in that the pedestrian malls serve as a buffer, and that it was also the recommendation of the Development Council of the Chamber of Commerce to eliminate this requirement. He advised that Resolution No. 69 -363PC had been adopted by the Planning Commission at their meeting of December 9, 1969. Mayor Harker invited those present who wished to speak either for or against the matter to come forward. No one came forward. Councilman Beckley moved to close the Public Hearing, seconded by Councilman Merritt and unanimously carried. Councilman Beckley stated that it was his desire that the Planning Commission give further consideration to the matter of eliminating this requirement in any C -2 use, but that at this time he did not wish to delay the action on the matter before the Council and would recommend amending the zoning code as outlined. Councilman Tyrell moved to accept the recommendation of the Planning Commission as outlined by Resolution No. 69- 363PC, and to instruct the City Attorney to prepare the appropriate ordinance for the next regular meeting of the City Council. The motion was seconded by Councilman Beckley and unanimously carried. 8. WITHDRAWAL OF APPLICATION BY STANDARD OIL COMPANY FOR USE OF PUBLIC PARKING LOT No. 7 FOR CORE HOLE DRILLING, AND SUBSTITUTION OF OTHER PUBLIC PROPERTY (LIVE OAK PARK) Mayor Harker advised that a communication had been received from Standard Oil Company to withdraw their request for use of Public Parking Lot No. 7 for the purpose of core -hole drilling operation, and substituting a portion of Live Oak Park. Councilman Tyrell moved to accept the request for withdrawal, and to cancel the Public Hearing relative to alternate use of Public Parking Lot, seconded by Councilman Merritt and unanimously carried. City Manager Koski advised as to the location of the property now requested for use by Standard Oil Company, outlining the location on a map showing Live Oak Park and vicinity. He advised that the Parks and Recreation are currently conducting development studies of the newly acquired property, and that the Council may wish to seek their recommendation, as well as to refer to the Planning Commission for conditional use permit. Following discussion relative to request as it pertained to park use, it was moved by Councilman Merritt to refer the matter to the Parks and Recreation Commission for recommendation, and to the Planning Commission to set for Public Hearing, relative to Conditional Use Permit, for Tuesday, January 27, 1970. Council Minutes, January 6, 1970 - Page 3 NEW BUSINESS: 9. PLANNING COMMISSION RECOMMENDATION: Meeting of Dec. 23, 1969 -Re. Tentative Tract No. 30308 (Santa Anita Convalescent Hospital City Manager Koski advised that pursuant to Sections 305 and 306 of Subdivision Regulations (Ordinance No. 63 -107), the Planning Commission had recommended approval of Tentative Tract Map No. 30308, subject to the conditions as outlined by the Subdivision Committee. Planning Director Dragicevich presented Exhibit "A ", describing in detail the parcels which would be incorporated into one lot in the hospital complex, and advised that a solid wall would separate the property from adjacent R -1 properties. Councilman Tyrell moved to approve, subject to the conditions as set forth by the Subdivision Committee, seconded by Councilman Beckley, and unanimously carried. 10. BROADWAY IMPROVEMENT PROJECT: Rosemead to Encinita Avenue (Sully Miller Construction Company) - Acceptance of Work Director of Public Works Pizzorno reported that the contractor, Sully Miller Construction Company, had satisfactorily completed the construction on Broadway, from Rosemead to Encinita Avenue, and that it was recommended that the work be accepted, that additional work be approved and authorized, that Notice of Com- pletion be filed with the County Recorder, and that ten percent retention for 35 days after recordation of Notice of Completion be authorized. It was so moved by Councilman Tyrell, seconded by Councilman Briggs, and unanimously carried. 11. ORDINANCE No. 70 -302: AMENDMENT TO TEMPLE CITY MUNICIPAL CODE Re. HIGHWAY PERMIT ORDINANCE OF LOS ANGELES COUNTY. Director of Public Works Pizzorno advised that Section 7100 of the Temple City Municipal Code adopts by reference the Highway Permit Ordinance of the County of Los Angeles, and that in order to update the ordinance it was necessary to amend it by adopting the County Ordinance amended to June 23, 1967, including sub- sequent changes added by Ordinance No. 9879 of the County of Los Angeles. City Attorney Martin presented Ordinance No. 70 -302 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE HIGHWAY PERMIT ORDINANCE OF SAID CITY OF TEMPLE CITY for first reading. It was moved by Councilman Tyrell to waive further reading, seconded by Councilman Merritt and carried unanimously. 12. RESOLUTION No. 70 -978: REQUEST TO PUBLIC UTILITIES COMMISSION FOR RAILROAD CROSSING PROTECTION FENCES - TEMPLE CITY BOULEVARD AT SOUTHERN PACIFIC RAILROAD, CROSSING No. B -493.3 Director of Public Works Pizzorno reported that on June 26, 1964, an agreement was entered into by and between the Southern Pacific Railroad Company, and the cities of El Monte, Rosemead and Temple City, for the erection of crossing protection at the inter- section of the Southern Pacific Railroad tracks and Temple City Boulevard. Subsequently the work had been completed and reimbursement in the amount of $1,510.15 was sought. He advised that Resolution No. 70 -978 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING No. B -493.3 AT THE INTERSECTION OF THE SOUTHERN PACIFIC RAILROAD AND TEMPLE CITY BOULEVARD IN THE CITY OF TEMPLE CITY, would initiate the processing of this request. Councilman Tyrell moved to adopt Resolution No. 70 -978, seconded by Councilman Merritt and unanimously carried. Council Minutes, January 6, 1970 - Page 4 13. CORPORATION YARD DEVELOPMENT Assistant City Manager.Recupero reported that a previous report on the development of the City Corporation Yard had been sub- mitted at the Council Study Session held on December 16, L969. Total estimated cost of developing the facility is $14,515.00, with $9,715.00 presently budgeted. I n order to complete the development this fiscal year it was the recommendation of staff that additional funds in the amount of $4,800 be appropriated. Following discussion, it was moved by Councilman Tyrell that the plans for the development of the City Corporation yard be approved with expenditure in the total amount of $14,515.00, and that the additional funds be appropriated in the amount of $4,800 from the General Fund and the adopted budget amended accordingly. The motion was seconded by Councilman Beckley and unanimously carried. 14. RESOLUTION No. 70 -979: WARRANTS & DEMANDS - Demand Nos. 1249 through 1337, in the sum of $38,925.68 Councilman Tyrell moved to adopt Resolution No. 70 -979, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $38,925.68, DEMAND NOS. 1249 THROUGH 1337. Councilman Beckley seconded, and the motion carried unanimously. 15. COMMUNICATIONS: A. City Manager Koski presented a communication from the Temple City JAYCEES, requesting a proclamation for the week of JANUARY. 1.8-.25:..as.. J.A.Y.CEE:..W.E.EK . I..t..was moved by .Councilman Merritt to so proclaim, seconded by Councilman Tyrell and unanimously carried. Mayor Harker read the proclamation, signed and so proclaimed JANUARY 18 -25, 1970 as JAYCEE WEEK. B. City Manager Koski presented a communication from the Temple City Chamber of Commerce, advising that,as part of their contract with Foley Advertising Company, there was an option to purchase the cables that support the Christmas decorations, in the amount of $300. He advised that an inspection by the Scott Engineering Company indicated a life expectancy of the cables to be beyond 15 years, and that estimated replacement cost was $2,000 Councilman Merritt moved that the purchase of the cables in the amount of $300 be authorized, noting that since the poles belonged to the City, that the cables attached should also belong to the City. Councilman Briggs seconded the motion which carried unanimously. 16. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Charles Strand, 4815 N. Alessandro, presented a petition signed by 51 persons, protesting the operation of the United Lumber Company at 9250 Lower Azusa Road, advising that the milling operations at the location are noisy and are detrimental to the health of residents by polluting the air with sawdust, and that traffic problems are also created. Council received the petition, advising that the matter would be referred to staff for investigation and report. Don Moyers, 4808 N. Alessandro, also discussed the problems caused by the increased operations of United Lumber Company, and discussed the traffic hazards created on Lower Azusa Road with semi - trailers parked on the street. Gordon Ulmer, 4854 N. Fratus, discussed the problem of cars parking on the north side of Lower Azusa Road, between Rio Hondo and the wash, which is hazardous. He was advised that the matter would be referred to the Traffic Commission. Council Minutes, January 6, 1970 - Page 5 17. MATTERS FROM CITY OFFICIALS: A. Councilman Merritt reported -that there was a broken window in the Sunset Furniture building, now owned by the City, which should be repaired before further vandalism might result. The matter was referred to staff. B. Councilman Briggs inquired as to the status of the nuisance complaint on the bird aviary located at 4935 N. Doreen Avenue. Public Hearing is set before the Planning Commission for Tuesday, January 13, 1970. C. Assistant City Manager Recupero advised that the first meeting of the Youth Commission would be held on Thursday, January 8, 1970, at 7:30 p.m. in the Council Chambers. D. City Manager Koski presented a request from the Director of Public Works to attend a Streets and Highways Conference in Monterey, California, January 28 - 31, 1970, with estimated cost of $205 to cover registration, transportation and subsistence. It was moved by Councilman Tyrell, seconded by Councilman Beckley and unanimously carried that the attendance of the Director of Public Works at the Streets and Highways Conference be authorized as outlined. E. City Manager Koski presented a calendar of meetings, which was discussed and reservations confirmed. Councilman Beckley advised that he would be unable to attend a meeting of the TASC Executive Board to be held on Thursday evening, January 8, 1970, in conjunction with the League of California Cities Meeting. It was moved, seconded and carried that Councilman Merritt be authorized to serve as delegate to vote for a representative on the TASC Executive Board at the January 8 meeting. F. City Manager Koski presented a report from Captain Trask of the Temple City Sheriff's Station, relative to the Positive Citizen Contact Program, in which it was stated that 34 separate contacts had been made within the city since the inception of the program in mid - December. It was noted that of paramount interest to the people was the operation of radar equipment. G. City Manager Koski advised that acquisition of two properties, fronting on Gracewood and Glickman, north of the newly acquired property for expansion of Live Oak Park, was presently being negotiated. Appraisals had been made and letters written to the two property owners, however no acceptances had been received. It was recommended that acquisition of the properties proceed before further development of the properties took place. City Attorney Martin advised that a resolution to condemn the properties, if the Council saw fit, would be in order, and presented Resolution No. 70 -980 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF THE FEE INTEREST IN AND TO CERTAIN REAL PROPERTY FOR PUBLIC PARK PURPOSES AND ALL USES APPURTENANT. THERETO, for consideration and adoption:. Councilman Tyrell moved to adopt Resolution No. 70 -980, seconded by Councilman Merritt and unanimously carried. 18. ADJOURNMENT: Councilman Briggs moved to adjourn to a Study Session at 8:45 p.m., seconded by Councilman Merritt and unanimously carried. Next regular meeting of the City Council will be held on Tuesday, January 20, 197.0, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: CITY CLERK MAYOR