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HomeMy Public PortalAboutCity Council_Minutes_1970-12-01_Regular 1970CITY OF TEMPLE CITY COUNCIL MINUTES DECEMBER 1, 1970 INITIATION: 1. Mayor Merritt called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by the Reverend Dean Grelling, Temple City Southern Baptist Church, 5221 El Monte Avenue, 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, Parks & Recreation Director Kobett 5. APPROVAL OF MINUTES: Councilman Harker moved to approve the minutes of the regular meeting of November 17, 1970, as mailed. The motion was seconded by Councilman Gilbertson and carried, Councilman Briggs abstaining from voting because of his absence at that meeting. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Vacation of Portion of Alley South of Las Tunas Drive, Easterly of Kauffman Avenue. City Manager Koski presented background information relative to the proposal of the Temple City Medical Group to construct a three - story medical office building at 9700 Las Tunas Drive, together with development of parking facility on R -3 zoned property immediately south of existing alley for which zone variance and a conditional use permit had been granted by the Planning Commission. He advised that development of the property was recommended substantially in accord with Plan 2, marked Exhibit "B ", to include vacation of the alley, which was pointed out by Planning Director Dragicevich. Three alternatives relative to vacation of the alley were presented: 1) proceed as recommended by Planning Commission in Plan 2, subject to easements for sewer and public utilities, 2) establishment of pedestrian mall district which would be built in the same manner as in the other districts of the central business area, and 3) maintain the status quo until more specific plans are presented for the entire block development. He advised that while alternative three had been a staff recommendation earlier, discussions with the developer now indicated the first two alternatives should be given prime consideration in order to minimize conflict between the use of the property and vehicles presently using the alley. Mayor Merritt declared the Public Hearing open and invited those pre- sent to speak either for or against the matter. Tom Horton, 199 S. Hudson, Pasadena, representing the Temple City Medical Group, expressed the desire to proceed along alternative number one, and advised that the Medical Group was not adverse to spending the required amount for redevelopment of the alley, to follow the same configuration as used in the other pedestrian malls. He stated that if the alley were vacated and the utility services undergrounded, it may be advantageous to the City to undertake the undergrounding of the entire block. Certain expenses relative to the . undergrounding of telephone lines would still need to be negotiated. City Council Minutes, December 1, 1970 - Page 2 No one else came forward to speak. Councilman Harker moved to close the public hearing, seconded by Councilman Gilbertson and unanimously carried. Following discussion by the Council as to the advisability to proceed under the mall act, or to vacate the alley, it was moved by Councilman Tyrell to direct the City Attorney to prepare a resolution for transfer of easement of the alley, subject to certain requirements of undergrounding as determined by staff, that the City be indemnified by covenant on the land so far as any claims of third parties, and that the covenant also run with the land concerning the rededication of the easement to the City in the event the property is not to be used for the purposes on which the release is granted. The motion was seconded by Councilman Briggs and unanimously carried. 7. RESOLUTION NO. 70 -1059: Re. Granting a Conditional Use Permit, Shell Oil Company, Case No. 70 -324, Subject to certain conditions (4800, 4810, 4812, 4816 N. Baldwin and 10015 E. Lower Azusa Road) City Attorney Martin advised that Resolution No. 70 -1059 was drawn in accordance with previous council action to grant a conditional use permit to Shell Oil Company for the subject property, confirming Resolution No. 70- 390PC, but deleting the reverse bay conditions, to be effective only upon zone change of the property being presented under Item 8, as Ordinance No. 70 -315. He then presented Resolution No. 70 -1059 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING A CONDITIONAL USE PERMIT AND CONFIRMING RESOLUTION NO. 70 -390PC OF THE PLANNING COMMISSION, SUBJECT TO CERTAIN CONDITIONS (CASE NO. 70 -324), Councilman Harker moved to adopt, seconded by Councilman Tyrell and carried by the following roll call vote: AYES: Councilmen - Gilbertson, Harker, Tyrell, Merritt NOES: Councilmen- Briggs ABSENT: Councilmen -None ORDINANCE NO. 70 -315: 1st reading. Re. Change of Zone, 4810, 4812, 4816, north Baldwin and 10015 E. Lower Azusa Road. City Attorney Martin presented Ordinance No. 70 -315 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY RECLASSIFYING AND REZONING CERTAIN PROPERTY FROM ZONE R -4 TO C -2 (CASE NO. 70 -323), for first reading. Councilman Gilbertson moved to waive further reading, seconded by Councilman Tyrell and unanimously carried. 9. ORDINANCE NO. 70 -316: 1st reading. Re. Change of Zone, 9240 E. Longden Avenue. City Attorney Martin presented Ordinance No. 70 -316 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY RECLASSIFYING AND REZONING CERTAIN PROPERTY FROM ZONE R -1 TO R -2 (CASE NO. 70 -326) for first reading. Councilman Tyrell moved to waive further reading, seconded by Councilman Gilbertson and unanimously carried. 10. PROPOSED CITY CHARTER. City Manager Koski advised that the possibility of enactment of a Charter for the City of Temple City had been discussed at several Study Sessions,during the past year, and that City Attorney Martin had provided pertinent material outlining the advantages and disadvantages as well as the options that are avail Able in the development of a charter, and that along the lines of the dis- cussions, the City Attorney was preparing a preliminary draft of a charter for consideration. It was noted that early consideration of the matter was necessary if the charter was to be brought before the electorate in the spring and subsequent submission to the Legislature for approval during the 1971 legislative session. Councilman Tyrell moved to instruct the City Attorney to prepare a draft of a City Charter for presentation to the Council at an adjourned meeting to be held on Monday, December 7, 1970, at City Council Minutes, December 1, 1970 - Page 3 7:30 p.m., and that the budget be amended to allocate sufficient funds to provide this service. The motion was seconded by Councilman Gilbertson and unanimous "y carried. 11. RESOLUTION NO. 70 -1060: WARRANTS AND DEMANDS, Demand Nos. 3183 thru 3253 in the amount of $37,166.95. Councilman Tyrell moved to adopt Resolution No. 704060 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $37,166.95, DEMAND NOS. 3183 THRU 3253, seconded by Mayor Merritt and unanimously carried. 12. COMMUNICATIONS: A communication from Sam Manley, director of security for Foodmaker Inc. was received, requesting a modification of security requirements for Jack -in- the -Box Drive -In at 9202 Las Tunas Drive. Following discussion as the numerous problems that have existed in the past, and the need for the .security as presently established, it was moved by Councilman Harker, seconded by Councilman Gilbertson and unanimously carried that the request be denied. 13. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: John Ballard, 9611 E. Blackl.ey, reported that several of the Christmas decorations were not lighted. He was advised that there was a problem with the electrical service and that it was being repaired by the contractor. 14. MATTERS FROM CITY OFFICIALS: A. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Special meeting of November 25, 1970. City Manager Koski advised that an offer had been received from the Temple City Lions Club to install a public address system in the auditorium and meeting room buildings at Live Oak Park, at a cost of $303.33 with work to be accomplished by E. H. Andreas Electronic Engineering Service, together with the necessary repainting and refinishing by qualified club members, which was recommended for acceptance by the Parks & Recreation Commission. It was moved by Counc -ilman Briggs that the offer be accepted with appreciation. The motion was seconded by Mayor Merritt and carried. Mayor Merritt stated it was a wonderful gift of time, energy and equipment that would be much appreciated by all who use the auditorium at Live Oak Park. B. REQUEST FOR REIMBURSEMENT OF EXPENSES INCURRED AS A RESULT OF ENCINITA AVENUE IMPROVEMENT - JOHN DE YOUNG City Manager Koski advised that a request had been .received from Mr. & Mrs. John De Young in the amount of $495 for additional expenses incurred for modification of property at 5007 Encinita Avenue as a result of Encinita Avenue improvement. An itemized accounting of expenses was reviewed with the total amount at $1,000 of which $605 had previously been allowed. Following discussion it was moved by Councilman Tyrell, seconded by Councilman Briggs and unanimously carried that the amount of $495 be allowed and the drawing of a warrant to Mr. & Mrs. DeYoung be authorized. C. CLEAN ENVIRONMENT ACT (People's Lobby Anti - Pollution Initiative) RESOLUTION NO. 70 -1061. City Manager Koski advised relative to a request that had been received to support the "Clean Environment Act" presented as an initiative measure by the People's Lobby, which had been reviewed by the City Attorney and a Resolution prepared. City Attorney Martin presented Resolution No, 70 -1061 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY SUPPORTING "THE PEOPLE'S LOBBY ANTI - POLLUTION INITIATIVE. 1 1 1 City Council Minutes, December 1, 1970 - Page 4 Councilman Tyrell moved to adopt, seconded by Councilman Gilbertson. Councilman Briggs abstaining from voting on the motion because he was not familiar with the document and the motion carried by the affirmative vote of the remaining members of the Council. D. City Manager Koski advised that a resolution had been received from the City of Long Beach and other cities, approving the program of ut i l i z i ng surplus m i l i to ry aircraft , which had been referred to the Fire Department for review and recommendation. A communication from Chief Matthews indicated that enactment of the resolution was not recommended and the matter was referred to further study by tFe Council. E. RESOLUTION NO. 70 -1062 - ENDORSEMENT OF MERGING TRANSPORTATION PLANNING ACTIVITIES OF TASC WITH THOSE OF SCAG Councilman Harker advised that the Southern California Association of Governments was recommending the merging of the transportation planning activities of TASC with those of SCAG since they were overlapping, and presented Resolution No. 70 -1062 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONSENTING TO THE DISSOLUTION OF THE TRANSPORTATION ASSOCIATION OF SOUTHERN CALIFORNIA in support of such merger. Following discussion as to the possible change of regional responsibility that may be forthcoming to SCAG, it was moved by Councilman Tyrell, seconded by Councilman Briggs and unanimously carried that the Resolution be tabled. F Councilman Gilbertson discussed the Urban Problems Committee Report and efforts to bring the matter for further consideration before the League of California Cities. The matter was referred to a Study Session following the meeting for further discussion. G Councilman Gilbertson advised that a circular being sent home from school with children attending schools in the El Monte School District had not been provided by the school district, but that that agency was being used to accomplish the distribu- tion of the material. The material concerned fraud, garnishment and other matters and was not in the best interests of children in the manner in which it was presented. H. Councilman Briggs discussed the possible need for a review of signalization of Las Tunas in view of the Christmas shopping season, and also because of a recent accident in the early evening hours. I. Mayor Merritt welcomed the members from DSA radio station. A study session with the group was scheduled for Monday, December 14, 1970, at 7:30 p.m. 15. ADJOURNMENT: Councilman Tyrell moved to adjourn to a Study Session at 9:20 p.m. following which adjournment would be to an adjourned meeting to be held on Monday, December 7, 1970, at 5:30 p.m. in the Council Chambers of the City Hall, 5938 N. Kauffman Avenue ATTEST: _I F DEPUTY CITY CLERK MAYOR