HomeMy Public PortalAboutCity Council_Minutes_1970-06-02_Regular 1970COUNCIL MINUTES
CITY OF TEMPLE CITY
June 2, 1970
INITIATION:
1. The regular meeting of the City Council of the City of Temple
City was called to order by Mayor Merritt at 7:40 p.m. in the
Council Chamber of the City Hall.
2. The invocation was given by the Reverend Charles Clark,
Bethlehem Evangelic Lutheran Church, 5319 Halifax Road,
Temple City.
The Pledge of Allegiance to the Flag was led by Mayor Merritt.
ROLL CALL:
PRESENT: Councilmen- Briggs, Gilbertson, Harker, Tyrell, Merritt
ABSENT: Councilmen -None
ALSO PRESENT: City Manager Koski, Assistant City Manager Recupero,
City Attorney,' Martin, Planning Director Dragicevich,
Director of Public Works Pizzorno, Recreation Director
Kobett.
APPROVAL OF MINUTES:
Councilman Briggs made a motion to approve the minutes of the
regular MaY19, 1970 meeting as submitted, seconded by Councilman
Tyrell and unanimously carried.
Councilman Gilbertson moved that-the minutes of the adjourned
meeting of May 28, 1970 be approved as written, seconded by
Mayor Merritt and carried, Councilman Briggs abstaining.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: Re: Jack -in- the -Box Restaurant, 9202 Las Tunas
Drive - Determination of possible public nuisance.
Mayor Merritt declared the public hearing open.
City Manager Koski advised that the matter had been continued
to allow representatives of Jack -in -the -Box an opportunity to
implement three suggestions discussed and agreed to by Foodmakers
Inc., at a prior meeting; namely, 1) adult supervision from
6:00 p.m. to closing, 2) the redesign and reinstallation of
chains securing entrance and exit, and 3) security guard on
Friday, Saturday and Sunday nights.
Assistant City Manager Recupero advised a.letter had been
received from Foodmakers, Inc. requesting that adult supervision
be deleted from the conditions on the nights a security guard
is on the premises. He stated he felt the request was
reasonable, that the reinstallation of chains had been completed
this date, providing Council with pictures showing 12"
chain, attached and padlocked, and with copies of Sheriff's
reports.
Dave Wildoner, Manager, Jack -in- the -Box, informed City Council
that the adult manager now employed is a trainee, assured
Council that the security guard had the authority to make
decisions for Jack -in- the -Box concerning the operation should
the necessity arise, that it had taken the two weeks allowed
to implement Council's directives but that they desired to
comply with the City's wishes.
Council Minutes, June 2, 1970 - Page 2
Following considerable discussion regarding the length of
time Jack -in- the -Box has taken to comply since the original
hearing in October, 1969 and following the City Attorney's
suggestion to continue the matter pending full compliance
with aforementioned conditions, Councilman Tyrell moved to
set a public hearing July 7, 1970 at 7 :30 p.m. in the Council
Chamber at the City Hall, with the understanding that the
hearing would be cancelled if Jack -in- the -Box had made full
compliance prior thereto. Councilman Briggs seconded the
motion.
Councilman Harker made a motion for an amendment to delete
the requirement that adult supervision be in attendance when
security guard is on duty, except on Friday, Saturday and
Sunday nights until July 7, 1970, seconded by Councilman
Gilbertson.
The original motion and the amendment thereto were each
unanimously carried on a voice vote.
7. ORDINANCE NO. 70 -308: Re: Revision to Concurrent Improvement
Ordinance (3926 -29 MC).
City Attorney Martin presented Ordinance No. 70 -308 entitled
AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTIONS
3925, 3927, and 3928 of THE TEMPLE CITY MUNICIPAL CODE AND
ADDING NEW SECTIONS 8106, 8107, 8108, and 8109 TO THE TEMPLE
CITY MUNICIPAL CODE RELATING TO CONCURRENT DEDICATIONS AND
IMPROVEMENTS for first reading. Councilman Tyrell moved to
waive further reading, seconded by Councilman Harker and
carried.
NEW BUSINESS:
8. SUBDIVISION TRACT NO. 28538: Consideration of Final Map Approval
(Condominium - northeast corner of Grand Avenue and Farago).
Planning Director Dragicevich presented the subdivision tract
map #28538 for final map approval as a condominium project
to be located at the northeast corner of Grand Avenue and
Farago. He advised the City Council that the applicant has
complied with certain of the City requirements imposed when
the tentative tract map was approved by the City Council and
in particular the applicant has posted a construction and
completion bond in the amount of $1,000, the articles of
incorporation include maintenance of common areas as specifically
requested January 20, 1970, has made necessary arrangements with
utilities, a soils engineer report has been submitted to the
County Engineering Department and is satisfactory, demolition
permit has been issued to the applicant.
He further advised that the title sheet as shown on exhibit
required certified signatures of the City Clerk and City
Treasurer, and City staff concurred with the recommendation
to the City Council for approval of the final map for recordation.
Councilman Tyrell moved to approve final Tract Map No. 28538
subject to, but not limited to the following conditions:
1) That the subdivider secure the signature of the Pacific
Telephone and Telegraph Company, a corporation, and Frank
J. Mountain and Alice R. Mountain, all easement holders, and
Council Minutes, June 2, 1970 - Page 3
2) That requirements pertaining to sewers and elevation of
the buildings, zoning regulations and minor engineering
details be complied with in accordance with City require-
ments, and
3) Developer file with the City no protest letter regarding
annexing from Zone B to Zone A of the City's Lighting
District, and
4) That all City requirements not already complied with be
met as originally approved by the City Council at their
regular meeting of January 20, 1970.
Councilman Briggs seconded the motion and motion carried
unanimously on a voice vote.
9. RENEWAL OF AGREEMENT: Re: Recreation Program between City
of Temple City and Temple City Unified School District.
Recreation Director Kobett advised that the agreement for
community recreation between the City of Temple City and the
Temple City Unified School District expires June 30, 1970
and recommended that the agreement be renewed.
Councilman Tyrell moved that the agreement be renewed and
the Mayor authorized to sign, seconded by Councilman
Gilbertson and carried unanimously.
10. ACCEPTANCE OF BID: Re: Encinita Avenue Project - S.P.R.R.
to Broadway (Cash Contract 0294X).
Public Works Director. Pizzorno advised that ten-formal bids
were received by the City on May 27, 1970 following required
advertising. The low bid of $99,425.94 is 15% below the
Engineer's estimate. The bid meets the requirements of the
specifications and is known to be favorable. Mr. Pizzorno
recommended contract be awarded to the low responsible
bidder, Vernon Paving Company of Los Angeles.
Councilman Tyrell moved that Vernon Paving ompany bid for
Cash Contract No. 0294X in the amount of $99,425.94 be accepted
and to authorize the Mayor and City Clerk to sign an agreement,
seconded by Councilman Harker and carried unanimously.
11. T,O.P.I.C.S. PROGRAM: (Traffic Operations, Program for Increasing
Capacity and Safety.) Assign City apportionment funds to
Los Angeles County Road Department for City - County cooperative
highway projects.
Director of Public Works Pizzorno advised Council that the
allocated funds must be obligated at the end of the second,
year after allocation and the State has requested City advise
them by the end of the fiscal year whether the City will
participate in the program. The City may release the funds
to the County in exchange, dollar for dollar, for Highway
Through Cities Funds on mutually agreeable City - County
cooperative projects. Staff recommends that the fiscal year 1969 -70
and 1970 -71 TOPICS funds totalling $62,689.00 be assigned to
the,County, for formal agreement, between the City and County
and filed with the State.
Councilman Tyrell moved that City enter into an agreement with
the County to assign 1969 -70 and 1970 -71 TOPICS funds and
authorize the Mayor and City Cbrk to sign, sending a certified
copy to Dept. of Public Works, State of Calif. seconded by
Councilman Gilbertson and carried unanimously.
Council Minutes, June 2, 1970 - Page 4
12 RESOLUTION NO. 70 -1016: WARRANTS AND DEMANDS: Demand Nos.
2231 through 2323, in the amount of $32,015.83.
Councilman Tyrell moved to adopt Resolution No. 70 -1016 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $32,015.83 DEMAND
NOS. 2231 THROUGH 2323. The Motion was seconded by Councilman
Harker and carried unanimously.
13. COMMUNICATIONS:
A. City Manager presented a letter from Fraser & Fraser,
9088 Las Tunas Drive, requesting to revise curb markings
at 9088 Las Tunas Drive with parking zone and relocation
of crosswalk.
Public Works Director Pizzorno indicated that a copy of
the letter also was presented to his office and this item
was on the Traffic Commission agenda for June 3 and that
certain recommendations wi l l be presented to the Traffic
Commission regarding this item.
Councilman Gilbertson moved that the matter be referred
to the Traffic Commission, seconded by Councilman Briggs
and carried.
B. City Manager Koski presented correspondence from Foreign
Motor Service requesting Council review action of Traffic
Commission which resulted in eliminating three parking
spaces on Oak Avenue south of Las Tunas.
Following discussion Councilman Tyrell moved their request
be referred to the Traffic Commission for review, seconded
by Mayor Merritt and carried.
. C. City. Manager Koski presented a letter from the San Gabriel
Valley Humane Society requesting an increase in fee to $2.00
for rabies shots to be given at their Clinic on June 25,
1970 at Live Oak Park. He further advised a survey taken
had indicated this was a reasonable request.
Councilman Harker moved that the request from the San
Gabriel Valley Humane Society be approved, seconded by
Councilman Briggs and carried.
14. TIMES FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
There were no persons in the audience who wished to speak.
15. MATTERS FROM CITY OFFICIALS:
A. City Manager Koski advised eleven applications were received
for the sale of fireworks, the locations had been checked
out by the Planning Department, necessary deposits and /or
insurance certificates have been filed, and staff recommends
approval of same.
Councilman Gilbertson moved that the applications on file
be approved, seconded by Councilman Tyrell and carried.
B. City Manager Koski presented a communication from the
Planning Department advising that the Jim Dandy application
for variance before the Planning Commission had been denied
by a 3/2 vote, and that the appeals period has expired.
Council Minutes:, June 2, 1970 - Page 5
C. Public Works Director Pizzorno advised that the entrance
to the existing garage at 5007 Encinita Avenue is approxi-
mately 2" above the existing street grade. In order to
maintain the same driveway grade it would be necessary to
raise the grades on Encinita Avenue Improvement Project
approximately 6" which is not in the City's best interest.
Therefore, because of the change in grade it will be
necessary to compensate the property owner to make adjust-
ments to the existing garage. Owners, Mr. & Mrs. John
DeYoung have agreed to accept $605 to accomplish the
necessary work and to dedicate 10 feet of right -of -way.
Councilman Tyrell moved to approve settlement in the amount
of $605 to Mr. & Mrs. John DeYoung, 5007 Encinita Avenue
to cover required garage floor grade to conform to improve-
ments to be constructed as a part of Encinita Avenue
improvement project, subject to dedication of right -of-
way, seconded by Mayor Merritt and carried unanimously.
D. City Manager Koski requested approval of $45.00 conference
expenses for Planning Commissioner Lawson to attend the
Institute for Planning Commissioners sponsored by the
League of California Cities, to be held June 3 -5, 1970, . at
Disneyland Hotel.
Councilman Tyrell made a motion to approve the request,
seconded by Councilman Briggs and carried.
E. City Manager Koski presented Council with copies of the
proposed 1970 -71 budget and advised that public budget
study sessions have been scheduled for each Thursday in
June.
Councilman Tyrell moved to accept the 1970 -71 proposed
budget, seconded by Councilman Briggs and carried.
16. ADJOURNMENT:
It was moved by Councilman Tyrell, seconded by Councilman
Harker and carried to adjourn to June 4, 1970 at 7:30 p.m. in
the North Meeting Room of the City Hall, and the meeting was
adjourned at 9:00 p.m.
CZ:164.40120, 4044.801.4.)6f.-
Mayor
ATTEST: