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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: