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HomeMy Public PortalAboutCity Council_Minutes_1970-04-21_Regular 1970COUNCIL MINUTES CITY OF TEMPLE CITY APRIL 21, 1970 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 Delwin Thigpen, First United Methodist Church, 5957 Golden West, Temple City. The Pledge of Allegiance to the Flag was led by Mayor Harker. ROLL CALL: PRESENT: _ Councilmen-Beckley, _3riggs, Merritt, Tyrell, ._Harker ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Assistant City Manager Recupero, Planning Director Dragicevich, Public Works Director Pizzorno, Recreation Director Kobett. 5. APPROVAL OF MINUTES: Councilman Merritt noted that on page 4, Item 20, he had been given credit for a statement made by Councilman Beckley, wherein Mr. Partlow was reminded that there were residents in close proximity to the operation of the Camellia Family Billiards, and moved the approval of the minutes with this correction. The motion was seconded by Councilman Beckley and carried by the following roll call vote: AYES: Councilmen- Beckley, Merritt, Harker NOES: Councilmen -None ABSTAINING: Councilmen - Briggs, Tyrell Mayor Harker announced the following proclamations had been made this week: National Secretaries Week: April 19-25, 1970 Youth Employment Services Week: May 4 -10, 1970 Prior to proceeding with the business items, the resignation of Louis T. Gilbertson from the Traffic Commission, effective April 21, 1970, was received by Mayor Harker and accepted in behalf of the Council. CANVASS OF MUNICIPAL ELECTION: City Clerk Koski presented Certificate of Canvass of the Municipal Election held Ap r i 1 14:, 1970.. (Ex,h:i b.i t "A " :) which' Showed the incumbents Briggs and Merritt as re- elected for two of the seats, and Louis T. Gilbertson, Business Consultant, as elected for the third seat. He read the title to Resolution No. 70 -1002, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF TEMPLE CITY ON THE 14th DAY OF APRIL, 1970, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PRESCRIBED BY LAW. Councilman Tyrell moved to adopt Resolution No. 70 -1002, Councilman Merritt seconded, and the motion carried unanimously. SEATING OF THE COUNCIL: City Clerk Koski presented Certificates of Election to Kenneth C. 3riggs, Louis W. Merritt and Louis T. Gilbertson. Mayor Harker administered the Oath of Office to the newly - elected Councilmen. Mayor Harker and the other Councilmen expressed their sincere appreciation to Paul Beckley for his services to the Council over the past four years, as both Councilman and Mayor. 1 CITY CLERK'S CERTIFICATE OF CANVASS -XH I B I T "A" I, Karl L. Koski, City Clerk of the City of Temple City, County of Los Angeles, State of California, duly authorized by Resolution No. 70-999, adopted by the City Council of said City on the 7th day of April, 1970,' do hereby certify that I have canvassed the returns of the regular general municipal election held in said city on the 14th day of April, 1970, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, the respective offices for which said persons were candidates were as follows: Dated: April 15, 1970 /ti Pe. /t5,24. City Clerk -of the City of Temple City CITY COUNCIL LOU I.S.. T...... Ro G I LBERTSON TOTAL VOTES PRECINCT City Clerk's Certificate of Canvass Exhibit "A" - Page 2 PCT. JPAUL NO. FOR" MEMBER OF CITY COUNCIL ,TOTAL VOTES CAST AT PRECINCT 232 W. BECKLEY 'KENNETH C. BRIGGS LOUIS W: MERRITT GORDON E. BURTON,JR, 45 LOUIS T. GILBERTSON 49 24 45 56 37 25 41 42 46 26 31 186 26 40 48 43 32 32 195 27 45 61 59 35 73 273 28 37 46 49 26 63 221 �9 30 35 42 24 38 169 30 35 46 61 38 51 231 31 61 . 74 69 44 77 325 - 32 52 69 60 41 43 265 33 a 43 39 35 21 36 174 34 41 63 45 28 50 227 35 38 46 42 19 40 185 36 20 20 28 .16 19 103 Absent Voters 9 9 6 $ 9 41 TOTAL j608 t869 1852 .990 1625 7944 Council Minutes, April 21, 1970 - Page 2 Councilmen Gilbertson, Briggs and Merritt expressed their appreciation in being elected to serve as Councilmen for the coming four years, and their willingness to serve the community in this manner. REORGANIZATION: At this time the City Clerk assumed the Chair and opened nomin- ations for the office of Mayor for the coming year. Councilman Harker nominated Councilman Merritt for the office of Mayor. Councilman Gilbertson moved to close the nominations and to cast a unanimous ballot for Councilman Merritt as Mayor, seconded by Councilman Briggs and unanimously carried. The appreciation of the Council was extended to Councilman Harker for the fine job he had done as Mayor the past year. Mayor Merritt took the chair, opening the nominations for the office of Mayor Pro Tem. Councilman Briggs moved that Louis T. Gilbertson be elected as Mayor Pro Tem, and that a unanimous ballot be cast in his behalf. The motion was seconded by Councilman Harker and unanimously carried. APPOINTMENTS: Mayor Merritt then made the following committee appointments which were so ordered: Sanitation District L. Merritt, Mayor W. Harker, Alternate League of Calif. Cities L. Merritt L. Gilbertson, Alternate Calif. Contract Cities J. Tyrell W. Harker, Alternate Los Angeles County Library Board So. California Rapid Transit District and Selection Committee K. Briggs K. Briggs San Gabriel Valley Water District L. Merritt So. California Assoc. of Governments (Airport Committee) Freeway Study Committee Coordinating Council Finance Committee Civil Defense Sister City W. Harker L. Merritt K. Briggs L. Gilbertson L. Gilbertson J. Tyrell L. Gilbertson Council Minutes, April 21, 1970 - Page 3 UNFINISHED BUSINESS: 6. PUBLIC HEARING: Re. Appeal from Planning Commission Decision, Conditional Use Permit No. 69 -307, ne corner of Golden West and Las Tunas Blvd (Jim Dandy Drive -in Restaurant). Planning Director Dragicevich presented background information, advising that the matter had been before the Planning Commission at a Public Hearing on January 13, 1970, at which time the Commission requested changes in parking arrangement, placement on the lot, etc.; and that the matter was again before the Planning Commission at a continued Public Hearing on March 10, 1970, at which time it was denied by a 3 to 2 vote of the Commission and confirmed by Resolution No. 70- 373PC. An appeal from the Planning Commission decision was filed within the required period of time and Public Hearing set before the City Council for 7:30 p.m. on April 21, 1970, due notice being given. Planning Director Dragicevich presented Exhibit "A" showing existing and proposed development; Exhibits "B ", "B -1" and "Revised B -1 ", which were renderings; Exhibit "C ", the floor plan; and Exhibit "D" showing elevation. He advised that the rendering, as revised, did not substantially deviate from that previously presented as "B -1 ", however it was more acceptable from staff viewpoint as it more adequately conformed to the floor plan. Planning Director Dragicevich also presented factual data and staff proposals as previously presented to the Planning Commission. He advised that the basic issue was that drive -in businesses, if located in a commercial zone, require a Conditional Use Permit. In addition to Planning Commission testimony, the Planning Director advised that by Resolution, the Temple City Chamber of Commerce Development Council had endorsed and supported the request of Jim Dandy Foods, Inc. to build and operate a drive -in restaurant at the subject location, and that a letter had been received from Julie Stapleton, 6233 N. Golden West, opposing the issuance of a permit. City Attorney Martin advised the Council that the alternatives before thern were the matter of making a decision tonight, or determining that certain facts were not made available to the Planning Commission and referring back to the Planning Commission for further processing on these points. He advised the members of the audience that all matters and records of the Planning Commission were available to the City Council and had been read by them; that all testimony previously given could be given again, but need not be as the Council was already informed. A motion to proceed with the matter by Councilman Harker was withdrawn by the mover because of lack of a second, and the observations of the other Councilmen. Councilman Gilbertson noted that the applicant had stated in the appeal that "These additional facts, which unfortun- ately were not presented to the Planning Commission..." indicated that additional facts were now available. Councilmen Tyrell and Briggs stated that it was not fair to the Planning Commission to receive incomplete data for hearings before them; that the full effort is not put into the request until they have to bring it before the Council. Councilman Tyrell moved that the matter be referred back to the Planning Commission, without prejudice so far as the fee is con- cerned, seconded by Councilman Briggs and unanimously carried. City Attorney Martin advised that the matter would be returned to the Planning Commission and all persons notified of the new hearing that would be set. 1 1 Council Minutes, April 21, 1970 - Page 4 7. PUBLIC HEARING: Re. PETITION FOR IMPROVEMENTS - Curb, Gutter and Driveway Approach (Purs. to Ch. 27, St. & Hwy. Code) KAUFFMAN AVENUE, WEST SIDE, GARIBALDI TO LONGDEN. Mayor Merritt declared the Public Hearing open. Director of Public Works Pizzorno advised that petitions had been received for 73% of the property owners on the west side of Kauffman Avenue, Garibaldi to Longden, for curb, gutter and drive- way approach, and presented estimated costs for the project. Mayor Merritt invited those present who wished to speak for or against the matter to come forward. Mrs. P. M. Cooper, 6161 Kauffman, inquired as to the necessity to include gutters. She was advised that all projects now include them, and it is a protection to the other portion of the project. W. B. Carrier, 6126 Kauffman, inquired into costs for extending the drive approach on his own property, and the option of doing the work himself. He was advised as to approximate costs, and that he did have the option of completing his portion of the project. William E. Raine, 6120 Kauffman, inquired as to how the stakes are set up if he does the job himself. He was advised that when the permit is taken out, that this service is provided by the City. No one else came forward to speak on the matter. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Harker. Councilman Harker moved to approve the project and to instruct the Superintendent of Streets to cause the work to be done, seconded by Councilman Briggs and unanimously carried. 8. PUBLIC HEARING: Re. PETITION FOR IMPROVEMENTS - Curb, Gutter and Driveway Approach (Purs. to Chp. 27, St. & Hwy. Code) KAUFFMAN AVENUE, EAST SIDE, GARIBALDI TO LONGDEN. Mayor Merritt declared the Public Hearing open. Director of Public Works Pizzorno advised that petitions had been received from 74% of the property owners on the east side of Kauffman Avenue, Garibaldi to 10.00 feet north, for curb, gutter and driveway approach, and presented estimated costs for the project. Mayor Merritt invited those present who wished to speak for or against the matter to come forward. No one came forward. Councilman Gilbertson moved to close the Public Hearing, seconded by Councilman Briggs and unanimously carried. Councilman Briggs moved to approve the project and to instruct the Superintendent of Streets to cause the work to be done, seconded by Councilman Gilbertson, and unanimously carried. Council Minutes, April 21, 1970 - Page 5 9. PUBLIC HEARING: Re. ASSESSMENTS - Curb, Gutter and Driveway Approach (Purs. to Ch. 27, St. & Hwy. Code) HALIFAX AVENUE, EAST SIDE, FREER TO OLIVE. Mayor Merritt declared the Public Hearing open. Director of Public Works Pizzorno advised that the work on HALIFAX, east side, Freer to Olive, was now complete, and that six properties remained with outstanding assessments. Mayor Merritt invited those who wished to speak either for or against the matter-to come forward. No one came forward. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Harker and unanimously carried. Councilman Briggs moved to confirm and levy the assessments as reported by the Superintendent of Streets for work performed, seconded by Councilman Harker and unanimously carried. NEW BUSINESS: 10. PARKS & RECREATION COMMISSION RECOMMENDATIONS - Meeting of March 18, 1970. Recreation Director Kobett advised that the Parks and Recreation Commission requested permission to join the newly- formed California Association of Parks and Recreation Commissioners and Board Members. He advised that the organization is associated with the California Park and Recreation Society and would be a vital source in helping Parks and Recreation Commissioners and Board Members to better serve committees. Costs per agency was $50 per year, or $15 per person. Reimbursement for expenses for Commissioner Greenberg, who had been elected Treasurer of the Association, was also requested. Following discussion, Councilman Tyrell moved to approve the following: 1) Commission membership in the organization. 2) Attendance at conferences authorized in accordance with Council policy of budgeting two conferences each year, wherein Commissioners have the opportunity to determine which conferences would be of most value, League, Contract Cities, or C.P.R.S. 3) Meeting expense authorized to enable Commissioner Greenberg to carry out his responsibilities as Treasurer, and for attendance of other Commissioners at meetings where no subsistence is involved. Councilman Gilbertson seconded the motion which carried by the following roll call vote: AYES: Councilmen- Briggs, Gilbertson, Harker, Tyrell, Merritt NOES: Councilmen -None 11. PARKING COMMISSION RECOMMENDATION - Meeting of April 16, 1970 Director of Public Works Pizzorno presented a recommendation from the Parking Commission to initiate an Engineering Planning Study to evaluate the need for additional off - street parking facilities in Vehicle Parking District No. 3, as proposed by Krelle & Lewis, Inc. under date of April 16, 1970. He advised that the Commission considered the evaluation of present and future parking needs in the Central Business District, and in particular Parking District No. 3, before making recommendations regarding a request by Stoppels of California for additional parking in conjunction with proposed development project at 9615-27 Las Tunas Drive. Council Minutes, April 21, 1970 - Page 6 The proposal submitted by Krelle and Lewis, Inc., for Phase I of the study was discussed at length, following which it was moved by Councilman Briggs, seconded by Councilman Gilbertson to approve the recommendation of the Parking Commission to initiate a Planning Study by the firm of Krelle & Lewis, Inc., to evaluate the off - street parking facilities in Vehicle Parking District No. 3, as outlined in Phase I of the proposal, with the following exceptions: 1) Limits under Item A to be delineated as: Temple City Boulevard to Camellia, and Las Tunas Drive to Woodruff. 2) Item B to be deleted. 3) With the above limiting of the scope of the project, costs should be proportionately reduced, and staff directed to renegotiate the costs for Phase I. A roll call vote on the motion carried as follows: AYES: Councilmen- Briggs, Gilbertson, Harker, Merritt NOES: Councilmen - Tyrell ABSTAINING: Councilmen -None 12. REQUEST FOR ENCROACHMENT PERMIT - 6254 ENCINITA (southeast corner, Longden and Encinita). Director of Public Works Pizzorno presented a request from Mr. and Mrs. Joseph Leja, 6254 Encinita, for encroachment permit for property owned by the City at the southeast corner of Longden and Encinita, and advised that the City was not in a position to maintain the area, other than weed abatement, and that the property owner would maintain the area upon the granting of the permit. City Attorney Martin advised that there was no objection to entering into such an agreement since the City receives the benefit of having the property maintained. Councilman Harker moved to grant the encroachment permit, as outlined by the Director of Public Works, seconded by Councilman Gilbertson, and unanimously carried. 13. ENCINITA AVENUE IMPROVEMENT: Southern Pacific Railroad to Broadway - Approve Plans and Specifications. Director of Public Works Pizzorno advised that this improvement project consists of construction of curbs, gutters, pavement and drainage facilities, together with sidewalk construction, as outlined in memorandum dated April 17, 1970. Councilman Tyrell moved to approve the plans and specifications, and to authorize advertising for and receiving bids on the project, to include the construction of sidewalk. The motion was seconded by Councilman 3riggs and unanimously carried. 14. RESOLUTION No. 70 -1003: ;1970 Edition of Uniform Standard Specifications for Public Works Construction. Director of Public Works Pizzorno advised that the 1970 Edition of Uniform Standard Specifications for Public. Works Construction. reflected changes accrued and studied during the preceding months by a joint cooperative committee composed of members of the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and includes current requirement for materials and construction in public works. He advised that previous editions had been Council Minutes, April 21, 1970 - Page 7 adopted by the Council by resolution, and presented Resolution No. 70 -1003 entitled, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE 1970 EDITION OF THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. Councilman Tyrell moved to adopt Resolution No. 70 -1003, seconded by Councilman Briggs and unanimously carried. 15. RESOLUTION No. 70 -1004. Transfer of Petty Cash Fund. City Manager Koski presented Resolution No.70 -1004, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING CUSTODIAN OF PETTY CASH FUND. Councilman Gilbertson moved to adopt, seconded by Councilman Tyrell and unanimously carried. 16. RESOLUTION No. 70 -1005: :WARRANTS & DEMANDS, Demand Nos. 1835 through 2039, in the amount of $78,284.86. Councilman 3riggs moved to adopt Resolution No. 70 -1005 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $78,284.86, DEMAND NOS. 1835 THROUGH 2039. The motion was seconded by Councilman Gilbertson and carried by the following roll call vote: AYES: Councilmen - Briggs, Gilbertson, Harker, Tyrell, Merritt NOES: Councilmen -None ABSTAINING: Councilmen -None 17. COMMUNICATIONS: None 18. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. 19. MATTERS FROM CITY OFFICIALS: A. City Manager Koski requested authorization for drawing warrants for delegates attending California Contract Cities Conference to be held in Palm Springs, May 7 - 10, 1970. Councilman Harker moved to approve, seconded by Councilman Briggs and unanimously carried. B. City Manager Koski presented a report recommending that medical examinations for Emergency Reserves be conducted by Temple City Medical Center. It was so moved by Councilman Gilbertson, seconded by Councilman Harker and unanimously carried. C. On motion of Councilman Harker, seconded by Councilman Gilbertson and unanimously carried, a report on the staff investigation of vibrations at 4904 N. Kauffman Avenue (Stolack) including a report from the Department of County Engineer, was received and filed. D. Assistant City Manager Recupero presented a status report on Jack -in- the -Box operations, 9502 East Las Tunas Drive, including a report from the Sheriff's department relative to a distrubance on April 10, 1970, at 10 :17 p.m. Following discussion by the Council on this and previous disturbances, it was moved by Councilman Tyrell that the following measures be taken: 1) That an adult manager (21 years or older) be on the premises from 6 p.m. to closing. 2) That adequate chains be installed (replacing weak, unsatisfactory chains previously installed), and that chains be secured at the appropriate closing time, nightly, and Council Minutes, April 21, 1970 - Page 8 3) That a security guard be provided for Friday, Saturday and Sunday nights. The motion was seconded by Councilman Briggs and unanimously carried. It was noted by the Council that failure to conform to the requirements could result in public hearing being re- opened on the matter and possible loss of license, and that the management should be so informed. Steve Johnson, 8919 Jaylee Drive, San Gabriel, a member of the Youth Commission, came forward to speak, advising that certain off - campus groups from the high school are involved in club fights, which frequently occur on Friday and Saturday nights, at Jack -in- the -Box, and other similar locations. 20. ADJOURNMENT: Councilman Tyrell moved to adjourn to a joint meeting with the cities of Rosemead and South El Monte, to be held on Monday, April 27, 1970, at 7:30 p.m. at the Santa Fe inn. The motion was seconded by Councilman 3riggs and unanimously carried. The meeting adjourned at 9:40 p.m. Next regular meeting of the City Council will be held on Tuesday, May 5, 1970, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 N. Kauffman Avenue, Temple City. ATTEST,: C IEF DEPUTY CITY CLERK oft-4,44:• 40 47.4-s.:A- MAYOR