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HomeMy Public PortalAboutCity Council_Minutes_1970-05-19_Regular 1970COUNCIL MINUTES CITY OF TEMPLE CITY May 19, 1970 INITIATION: 1. Mayor Merritt called the regular meeting of the City Counci 1 to order at 7:40 p.m. 2. The invocation was given by the Reverend Kenneth E. Grant, Westminster Presbyterian Church, 9642 E. Live Oak, Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. 4. ROLL CALL: PRESENT: Councilmen - Briggs, Gilbertson, Harker, Tyrell, Merritt ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Director of Public Works Pizzorno Traffic Engineer Envall, Assistant City Manager Recupero 5. APPROVAL OF MINUTES: Councilman Briggs moved to approve the minutes of May 5, 1970, as printed, seconded by Councilman Gilbertson and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: Re. Assessments - Curb, Gutter and Driveway Approach HALLOWELL, west side, Daines Drive to Live Oak (Chapter 27) Mayor Merritt declared the Public Hearing open. Director of Public Works Pizzorno advised that the work on Hallowell, west side, Daines Drive to Live Oak, was now complete, and that two properties remained with outstanding assessments: 5623 Hallowell (Kovacs) in the amount of $254.70 and 10320 Live Oak (Blakenship) in the amount of $398..80$ less rebates. 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 Harker moved to confirm and levy the assessments as reported by the Superintendent of Streets for work performed, seconded by Councilman Briggs and unanimously carried. 7. PUBLIC HEARING: Re. Jack-in-the-Box Drive -In Restaurant, 9202 Las.Tunas Drive - Determination of possible public niusance. City Manager Koski advised that proper notices had been sent to Jack -in -the -Box representatives for public hearing this evening at 7:30 p.m. to consider possibility of public niusance emanating from operations of the drive -in restaurant located at 9202 Las Tunas Drive. Mayor Merritt declared the Public Hearing open. Assistant City Manager Recupero provided background information advising three requirements had been set by the Council at the public hearing of October 7, 1969 and continued public hearing of November 4, 1969, namely: 1) adult supervision from 6 p.m. to closing, 2) chaining of the lot, and 3) security guard on Friday, Saturday and Sunday nights, and that of these the providing of the security guard had been rnet. Council Minutes, May19, 1970 - Page 2 Thomas Comparet, attorney, Valentine & Comparet; general counsel for Foodmakers Inc., spoke in behalf of Jack -in -the -Box, advising that the City had apparently taken action concerning these alleged violations when representatives from the company were not notified to be present at a meeting, and that the procedure here may be improper, since no notice had been given when the initiative action was taken. City Attorney Martin advised that the requirements previously set had been agreed to by the management of the drive -in, and that failure to meet the conditions established by the Council was the reason that a public hearing had been set. Mike Fiori, District representative for Foodmaker, Inc., advised that he had not been advised of the matter coming before the Council at the previous meeting until approximately 5 p.m. that evening. City Attorney Martin clarified that the conditions had previously been agreed upon and that three issues are now before the Council: 1) whether the nuisance exists or ever did, 2) whether the conditions that were imposed were then or are now unreasonable, and 3) whether there has been a violation of these conditions. Copies of the Sheriff's report which provided information on 76 observations by that department were provided to Mr. Fiori and Mr. Comparet. Councilman Harker pointed out that of these observations, there were 18 occasions when there was no adult manager, however that a private patrol officer was present; that on. 12 occasions there was neither adult manager or patrol, and in 4 cases chains were improperly secured, Councilman Tyrell advised that since there was so much slack in the chain, it served little or no purpose even when secured. Following considerable discussion, Mr. Fiori and Mr. Comparet ack- nowledged that the conditions imposed were not unreasonable and that every effort would be made to comply, within .2 weeks, however the requirement of adult supervision posed the greatest problem to them. Councilman Tyrell moved to continue the public hearing to Tuesday, June 2, 1970, at 7030 p.m., seconded by Councilman Briggs and unanimously carried, 8. REPORT RE. RAILROAD CROSSING - S.P.R.R. and LOWER AZUSA ROAD - Improvement of Intersection Director of Public Works .Pizzorno reported that temporary repairs at the crossing of the S.P.R.R. at Lower Azusa Road had been effected, and that a letter had been received from. the Southern Pacific Railroad advising that supplies were on order to complete the work within.: 3: months. Councilman Gilbertson moved that the report be received and filed, seconded by Councilman Harker and unanimously carried. NEW BUSINESS: 9. TRAFFIC COMMISSION RECOMMENDATION - Meeting of May 6, 1970 ITEM 8 - E.NCINITA AVENUE AT BROADWAY - Channelization, Traffic Engineer Envall provided background information relative to the intersection of Encinita and Broadway, advising that following the widening of Broadway certain steps had been taken for right turn and left turn movements, however that they had not proven satisfactory and that the Traffic Commission now re- commended the placement of detector loops in both the-No. 1 & No.2 lanes on Encinita Avenue at the south approach to Broadway. Council Minutes, May 19, 1970 - Page 3 The following persons came forward opposing the placement of the channelization since they felt that prior to the improvement there had not been a problem at the intersection: Robert Bock, 5328 Encinita, Dorothy Bock, 5328 Encinita, and John Stacey, 5024 N. Encinita. Traffic Engineer Envall advised as to the number of persons who are held up when a .left turn lane is not provided for the heavy traffic going north on Encinita. He advised that costs of the detector loop were approximately. $800. Following discussion, it was moved by Councilman Gilbertson to approve as recommended :by•the Traffic Commission, seconded by Councilman Briggs and unanimously carried. Councilman Harker advised that he was voting in favor, but without prejudice because there is no better answer right now. 10. RESOLUTION No. 70 -1012: Re. Enforcement of Vehicle Code Relating to noise. City Attorney Martin presented Resolution No. 70 -1012 entitled A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING THE SHERIFF TO ENFORCE STRICT COMPLIANCE WITH PROVISIONS OF THE VEHICLE CODE RELATING TO NOISE, setting forth the policy of the Council for enforcement of the provisions of the Municipal Code relating to noise, which had been recommended by Mayor Merritt. It was moved by Councilman Harker, seconded by Mayor Merritt and unanimously carried to adopt Resolution No. 70 -1012 11. RESOLUTION No. 70 -1013: Re. Protection of Gas Tax Funds Against Diversion for Other Than Highway Purposes. City. Attorney Martin presented Resolution No. 70-1013 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY SUPPORTING ARTICLE XXVI OF THE CALIFORNIA CONSTITUTION WHICH PROTECTS GASOLINE TAX FUNDS AGAINST DIVERSION TO OTHER THAN HIGHWAY PURPOSES. Councilman Briggs moved to adopt, seconded by Councilman Gilbertson and unanimously carried. 12. RESOLUTION No. 70 -1014: WARRANTS & DEMANDS: Demand Nos. 2148 through 2230, in the amount of $.34,736.85. Councilman Harker moved to adopt Resolution No. 70 -1014 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $34,736.85 DEMAND NOS. 2148 THRU 2230. The motion was seconded by Mayor Merritt and unanimously carried. 13. COMMUNICATIONS: City Manager Koski presented a request from the Temple City Lions/ Lionettes to conduct Eyemobile Clinic on September 18 -19, 1970. . Mrs. Georgia Maxey presented the details for the clinic and the need to park the eyemobile trailer in the park at a. location convenient to electricity, restrooms and seating. Following discussion as to the best location, it was moved by Councilman Briggs, seconded by Councilman Tyrell and unanimously carried to grant permission to the Temple City Lions /Lionettes to conduct the Eyemobile Clinic on September 18 -19, and to locate the eyemobile trailer on Las Tunas Drive where adequate facilities would be available, with permission subject to the filing of necessary insurance. Council Minutes, May 19, 1970 - Page 4 14. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs, Willenore Williams, 6432 Golden West, inquired regarding revision of concurrent improvement ordinance to grant waiver to allow affirmative vote when a petition is filed for curb, gutter and sidewalk improvements, in lieu of the present re- quirement of installation for an individual property. The Council was in concurrence that a revision to the ordinance may be appropriate at this time, and instructed the City Attorney to draft a revised ordinance for presentation at the June 2 meeting of the Council. 15. MATTERS FROM CITY OFFICIALS: A. Mayor Merritt advised that the following appointments had been made. 1. Business Development Committee - Briggs, Gilbertson 2. Law Enforcement.Study Committee - Merritt, Tyrell B. Confirmation of appointments to Planning Commission Mayor Merritt advised that the terms of Commissioners Beckman, Dennis and Lawson on the Planning Commission were presently expiring and recommended their reappointment for two -year terms to May 25, 1972. It was moved by Councilman Tyrell, seconded by Councilman Briggs and unanimously carried that the appointments be confirmed. C. RESOLUTION No. 70 -1015: Authorization to Examine Certain State Sales Tax and Use Tax Records. City Attorney Martin presented Resolution No. 70 -1015 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXAMINATION OF SALES AND USE TAX, which would allow Don Buchan, City Treasurer and James File, Auditor, access to certain State Sales Tax and Use Tax records for City purposes, Councilman Tyrell moved to adopt, seconded by Councilman Briggs and unanimously carried. D. PARKING COMMISSION RECOMMENDATIONS - Special meeting of May 18, 1970 City Manager Koski presented a recommendation from the Parking Commission from special meeting of May 18, 1970. Re: need for 50 additional off street vehicle parking spaces in Vehicle Parking District No. 3, pursuant to a request submitted by Carl Ludlow, owner /manager of Stoppel's, 9615 E. Las Tunas. The Parking Commission, after reviewing the Interim Report prepared by Krelle & Lewis, Engineers, concurred with the findings that present commercial activity in the block does not warrant additional parking development. However, if the development as proposed by Carl Ludlow is completed, then more parking probably would be required. The Commission recommended that the City Council accept Phase I of the study and initiate Phase 11 following the groundbreaking of the proposed development. It was moved by Councilman Gilbertson, seconded by Councilman Harker and unanimously carried that the recommendation be approved and a copy be transmitted to the Chamber of Commerce and the Planning Commission. Council Minutes, May 19, 1970 - Page 5 16. ADJOURNMENT: It was moved by Councilman Gilbertson, seconded by Councilman Briggs and unanimously carried to adjourn to May 28, 1970, at 7:30 p.m. in the Council Chambers of the City Hall and the meeting adjourned at 9:08 p.m. ATTEST: /6T-AAA)) -1/1) Chief D=•uty City Clerk ,MAYOR