HomeMy Public PortalAboutCity Council_Minutes_1970-03-03_Regular 1970COUNCIL MINUTES
CITY OF TEMPLE CITY
MARCH 3, 1970
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 Dr. James Webster, First Baptist Church
of Temple City, 6019 Baldwin Avenue.
3. The Pledge of Allegiance to the Flag 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, Planning Dir-
ector Dragicevich, Director of Public Works Pizzorno
5. APPROVAL OF THE MINUTES:
Councilman Briggs moved to approve the minutes of the Regular
Meeting of February 17, 1970, as mailed, seconded by Councilman
3eckley and unanimously carried.
Councilman Merritt moved to approve the minutes of the Adjourned
Meeting of February 25, 1970, as mailed, seconded by Councilman
Briggs and unanimously carried.
UNFINISHED BUSINESS:
6. PUBLIC HEARING (continued): Re. Appeal from Planning Commissions
Decision on Conditional Use Permit 70 -309PC by Standard Oil Company
of California for core -hole drilling at Live Oak Park.
Mayor Harker called on City Attorney Martin to discuss developments
relative to an error in the ordinance under which the appeal was
being heard.
City Attorney Martin advised that the Council had been apprised
of an error in the draftsmanship of Ordinance No. 69 -288, both in
executive session and by letter, which error does not permit con-
sideration of the application of Conditional Use Permit as proposed.
He advised that Council would need to draft a new ordinance, or
refer the matter back to the Planning Commission for reprocessing,
and to defer or terminate these proceedings. He advised that there
were two matters before the Council, that of termination of pro-
ceedings, and what is to be done about the ordinance.
City Attorney Martin described three ways to proceed:
1) to adopt an urgency ordinance, which was prepared in draft
form and recites that an error has occured, and that the Council
can correct the ordinance according to the intent (requiring a
4/5 vote), and if adopted will leave the Council in a position to
proceed on the hearing, if so desired,
2) to declare existing Ordinance No. 69 -288 null and void in
that it doesn't meet the Planning laws of the State of Cal ifo m is
wherein a City may not voluntarily, or involuntarily, change the
recommendation of the Planning Commission, that the Council must
refer back to them for changes, and to adopt a new ordinance follow-
ing first and second reading, the Council still having jurisdiction,
but is back to July 1, 1969; and
3) to recycle, terminating the proceedings on the application
and to refer back to the Planning Commission, since the draft of
Ordinance No. 69 -288 differs from the Planning Commission Resol-
ution No. 69 -331 relating to this matter.
Council Minutes, March 3., 1970, Page 2
Councilman Tyrell stated that Ordinance No. 69 -288 was a result
of hearings before the Planning Commission, with recommendations
adopted by the City Council, with instructions to the City Attorney
to prepare an ordinance in conformance with the desires of the
Council. Since the draft contained an omission of the reference
"in any zone" he considered that an error existed which should be
corrected, and presented an urgency ordinance entitled, AN ORDINANCE
OF THE CITY OF TEMPLE CITY CORRECTING ORDINANCE No. 69 -288, THEREBY
AMENDING NUNC PRO TUNC SECTION 9202 (33) OF THE TEMPLE CITY MUNI-
CIPAL CODE RELATING TO CONDITIONAL USE PERMITS FOR NATURAL RESOURCES;
AND DECLARING THAT THIS ORDINANCE SHALL BECOME IMMEDIATELY EFFECTIVE
AS AN EMERGENCY ORDINANCE, for first reading, with a motion to
waive further reading. The motion died for lack of a second.
Upon inquiry from Councilman Briggs as to the status of the
request for Conditional Use Permit by Standard Oil as it pertained
to the requirements of the fire code, City Attorney Martin read
a communication from Richard Houts, Chief Engineer, Los Angeles
County Fire Department, proscribing the details of the fire code
which were applicable, and advising that in order to meet the
requirements, the present bleachers would have to be relocated
so as to provide the required 300 feet of clearance.
Following further discussion, Councilman Merritt moved to terminate
the pending application for Conditional Use Permit, and refer
Ordinance No. 69 -288 (Municipal Code Section 9202 -33) back to the
Planning Commission for reprocessing, with report to be submitted
back to the City Council at the regular meeting of March 17, 1970.
The motion was seconded by Councilman Beckley.
Councilman Briggs considered that it may be advisable in R -1
zones to restrict oil wells per se, but that core-hole operation
be considered separately. Mayor Harker stated that it may be
in the best interest that another look be taken at the ordinance
by the Planning Commission, who could now weigh all of the con-
siderations that have been before the City Council and are on
record as part of this Public Hearing, and which may have bearing
on their recommendation.
A roll call vote on the motion to terminate the pending application
and to refer back to the Planning Commission for reprocessing
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmen - Beckley, Briggs, Merritt, Harker
Councilmen- Tyrell
Councilmen -none
Persons in the audience were given an opportunity to speak to
the matter, though advised that the proceedings had been terminated
and testimony was not being considered at this time.
Ben Short, 5934 N. Golden West, and Boyce O'Bannon, 10316 E.
Olive, spoke to the inconvenience of those concerned, caused by
the error, for which apologies were expressed by the City Attorney
and Mayor Harker.
Phil Zilla, 5022 Doreen, stated that he had obtained and was
prepared to present a petition with 600 signatures against any
hampering or restricting of Little League spectators at Live Oak
Park, if and when the matter was again presented for hearing.
Judy Helmuth, 10127 Bogue, inquired if all testimony, files and
records from this hearing would be available for a future hear-
ing, and was advised that they would be retained and could be so
incorporated at a future hearing.
Council Minutes, March 3, 1970 - Page 3
7. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION
Meeting of February 18, 1970.
City Manager Koski presented a recommendation from the Parks and
Recreation Commission to recosponsor Temple City Senior Citizens
for the year 1970. It was so moved by Councilman Tyrell, seconded
by Mayor Harker and unanimously carried.
8. RECOMMENDATIONS FROM YOUTH COMMISSION - Meeting of February 16, 1970.
City Manager Koski presented a questionnaire to solicit opinions of
the youth in the community, prepared by the Youth Commission, for
approval of distribution, and requesting authorization of expenditure
of necessary funds, estimated to be $15.00,;for printing: Councilman
Tyrell moved to approve, seconded by Councilman Merritt and unanimous)
carried.
9. PERSONNEL APPOINTMENTS:
City Manager Koski presented Resolution No. 70 -991, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL,
for a budgeted position. Councilman Tyrell moved to adopt,
seconded by Councilman Merritt and unanimously carried.
City Manager Koski presented Resolution No. 70 -992, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY
PERSONNEL. Councilman Tyrell moved to adopt, seconded by Mayor
Harker and unanimously carried.
10. WARRANTS & DEMANDS: RESOLUTION No. 70 -993 - Demand Nos. 1563
through 1645, in the amount of $89,865.23.
Councilman Tyrell moved to adopt Resolution No. 70 -993, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $89,865.23, DEMAND NOS. 1563 THROUGH 1645.
Councilman Beckley seconded the motion which carried unanimously.
11. COMMUNICATIONS:
A. City Manager Koski presented a request from City Treasurer Buchan
to attend the California Municipal Treasurers' Seminar at the
Huntington Sheraton Hotel in Pasadena, April 22 -24, 1970, with
attendant expenses paid. Councilman Beckley moved to approve the
attendance of the City Treasurer at the Seminar, and to authorize
the expenses as outlined, seconded by Councilman Tyrell and unan-
imously carried.
B. City Manager Koski presented a request from Planning Director
Dragicevich to attend American Institute of Planners Conference in
San Diego, March 19 -22, 1970, with attendant expenses paid. Council-
man Merritt moved to approve the attendance of the Planning Director
at the A.I.P. Conference, and to authorize expenses as outlined,
seconded by Councilman Tyrell and unanimously carried.
12. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
Jerry Kolb, 6403 Temple City Boulevard, advised that he was happy
to report that a magnolia tree that had been moved from the right -
of -way onto his own property during the widening of Temple City
Boulevard, was now showing signs of life, and also that the 10'
right -of -way, now owned by the City, had been removed from his
property tax statement.
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Council Minutes - March 3, 1970 - Page 4
13. MATTERS FROM CITY OFFICIALS
A. City Manager Koski presented a request from Jacob Gunst
to utilize ten feet of alley adjacent to his property at
9560 Las Tunas Drive, to extend the pedestrian mall, with
an easement across the northwest corner of the city -owned
property at 5843 Temple City Boulevard (Lot 627, Tract 6561).
He advised that the applicant was willing to waive property
owner's rights of vehicle ingress and egress from the alley
to his property. Councilman Merritt moved to approve, subject
to execution of required documents as outlined by staff, and
that the easement be subject to termination by the City Council
at any time, if and when deemed appropriate. The motion was
seconded by Councilman Beckley and unanimously carried.
B. Recommendations from Parking Commission - Meeting of
February 18, 1970:
1. City Manager Koski presented a recommendation from the
Parking Commission, for enforcement of the two -hour parking
limit on Public Parking lots at least once a week. It was
so moved by Councilman Merritt, seconded by Councilman Beckley
and unanimously carried.
2. City Manager Koski presented a recommendation from the
Parking Commission to change the regular meeting date of the
Parking Commission from the second Wednesday, to the third
Wednesday of February, June and October, which would require
amending Section 7320 of the Municipal Code. City Attorney
Martin presented Ordinance No. 70 -305 entitled AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDING SECTION 7320 OF THE
TEMPLE CITY MUNICIPAL CODE RELATING TO CHANGE OF REGULAR
MEETING DATES OF THE PARKING COMMISSION, for first reading.
Councilman Tyrell moved to waive further reading, seconded
by Councilman Merritt and unanimously carried.
C. City Attorney Martin presented Resolution No. 70 -994
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY SUPPORTING THE PERIPHERAL CANAL AS AN ESSENTIAL FEATURE
OF THE STATE WATER PROJECT. Councilman Tyrell moved to adopt,
seconded by Councilman Briggs and unanimously carried.
D. City Manager Koski presented a request to rent city -owned
property at 5529 Gracewood Avenue, on a temporary basis,
pending development of expansion of Live Oak Park. He advised
that the applicant was willing to pay the previous rental of
$4.17 per day ($125 per month), on a day -to -day basis, and
would be prepared to vacate on two -weeks notice. Councilman
Beckley moved to approve the rental of the property as outlined,
and authorizing the necessary agreement be drawn up, seconded
by Councilman Merritt and unanimously carried.
14. ADJOURNMENT:
Councilman Tyrell moved to adjourn to the next regular meeting
of the City Council to be held in the Council Chambers of the
City Hall, on Tuesday, March 17, 1970, at 7:30 p.m., Council-
man Briggs seconded, and the motion carried unanimously.
Meeting adjourned at 8:45 p.m.
ATTEST:
MAYOR