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HomeMy Public PortalAboutCity Council_Minutes_1971-03-16_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES MARCH 16, 1971 INITIATION: 1. Mayor Merritt called the regular meeting of the City Council to order at 7:40 p.m. 2. The invocation was given by the Reverend Edwin Linberg, Temple City Christian Church, 9723 Garibaldi, 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 5. APPROVAL OF MINUTES: Councilman Harker moved to approve the minutes of the regular meeting of March 2, 1971, seconded by Councilman Gilbertson and carried, Councilman Briggs abstaining because he was not present at the previous meeting. Mayor Merritt recognized the following persons present at the meeting: Penny Graham and Harlos Gross, representing the Chamber of Commerce; and Judy Golden, representing the Youth Commission. UNFINISHED BUSINESS: 6. PROPOSED ESTABLISHMENT OF ZONING MODIFICATION COMMITTEE (Review of Alternate Proposal - Establishing a Zoning Administrator) - ORDINANCE No. 71 -320 - 1st read. City Manager Koski presented background information, advising that Planning Commission Resolution No. 71 -401PC proposed the establish- ment of a zoning modification committee, which was considered by the Council at Public Hearing held on March 2, 1971, at which time the matter was referred back to staff to prepare alternate procedure whereby the staff or Planning Director would have authority to grant minor modifications without going to the zoning modification committee with extensive reports and additional fees. A proposed ordinance, prepared by the City Attorney, providing for the establishing of a Zoning Administrator, was provided to the Council for consideration. Following discussion, Councilman Tyrell moved to introduce for first reading, Ordinance No. 71 -320 entitled, AN ORDINANCE OF THE-CITY OF TEMPLE CITY ADDING NEW PART ILIA TO ARTICLE IX OF THE-TEMPLE CITY MUNICIPAL CODE ESTABLISHING A ZONING ADMINIS- TRATOR, and to refer the ordinance to the Planning Commission for concurrence or modification, with the intent that any modific- ations could be considered at the time of second reading. The motion was seconded by Councilman Harker, who stated he was most favorable to the Planning Director having this responsibility as a means of better serving the people. In discussion of the motion, it was noted that Section 9158 providing for appeal required such filing within three days, which was not adequate time for Planning Commission review prior to this finality, and that a period of fourteen days would allow the applicant time to appeal as well as time for review by the Planning Commission. 1 Council Minutes, March 16, 1971 - Page 2 The draft of Ordinance No. 71 -320 was amended to provide for fourteen days to appeal the decision of the Zoning Administrator, and included in the motion of Councilman Tyrell, with the consent of the second. The motion to introduce Ordinance No. 71 -320 for first reading, as amended, and to refer to the Planning Commission for concurrence or modification, was unanimously carried. 7. PROPOSED REGULATIONS Re. BUILDING AND ZONING REPORTS ON TRANSFER OF RESIDENTIAL PROPERTY. City Manager Koski presented background information relative to proposal for requiring owners of residential property to obtain a report of building and zoning records prior to the sale or exchange of any residential property. He advised that the Planning Commission recommended that, due to limited staff, and due to the extensive inspection fees involved in obtaining a report, that regulations not be adopted at this time. On motion of Councilman Tyrell, seconded by Councilman Gilbertson and unanimously carried, the report was received and filed. 8. MODIFICATIONS - PEDESTRIAN MALL #2, LOT #5, PARKING DISTRICT #3. - Request of A. W. Driver, 9611 Las Tunas Drive. City Manager Koski advised that in accordance with Council action, staff had prepared a list of conditions to insure safety to pedestrians, and to minimize misuse of the pedestrian mall sidewalk, if the Council granted permission to cross over Pedestrian Mall #2, Lot #5, in Parking District #3, as requested by A. W. Driver to enter his building located at 9611 Las Tunas Drive, Temple City. Mr. A. W. Driver was present in the audience and was provided with a copy of memor.andum'dated March 8, 1971, describing the conditions. Item No. 7, requiring the permittee to construct a fire wall within the storage area of the building if the area were to be used for vehicle storage was called to the attention of Mr. Driver and the Council, as a condition required by the building code. Mr. Driver discussed with the Council the matter of vehicle storage and the requirements outlined relative to the granting of vehicle_ access over the pedestrian mall. In discussion, Item 2, requiring immediate removal of the ramp was deleted, as was Item 7, requiring the construction of a fire wall, because no storage was to be permitted within the building. The recommendations, as revised, consisted of the following: 1) That the applicant shall submit a sketch of the ramp to be used for access purposes to the building, subject to the approval of the City; 2) That no storage of a vehicle shall be permitted within the building overnight; Council Minutes, March 16, 1971 - Page 3 3) That at no time may a vehicle be parked on the pedestrian mall or protrude from the storage facility onto the pedestrian mall; 4) That permittee shall immediately, upon occurrence, (a) remove oil stains from the sidewalk, and /or (b) repair all damage to the sidewalk; all stains and damage shall be presumed caused by the permittee; 5) That the permittee shall provide insurance in an amount approved by the City Attorney; 6) That the permit shall be subject to annual review; and 7) That acceptance of any of the benefits of this permit shall be deemed to be an acceptance of the burdens. Councilman Tyrell moved to approve granting access over the pedestrian mall, as requested by Mr. Driver, subject to the conditions set forth, violation of any of which shall constitute grounds for revocation. The motion was seconded by Councilman Gilbertson and carried by the following roll call vote: AYES: Councilmen- Gilbertson, Harker, Tyrell, Merritt NOES: Councilmen - Briggs In discussion, Councilman Briggs had opposed granting any vehicle access over the pedestrian mall. NEW BUSINESS: 9. CANVASS OF SPECIAL MUNICIPAL ELECTION - CITY CHARTER City Clerk Koski presented Certificate of Canvass of Special Municipal Election held on March 9, 1971 (Exhibit "A" - attached), which showed the number of votes in each precinct for and against the measure "SHALL THE CHARTER PREPARED AND PROPOSED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY BE ADOPTED? "; the total number of votes cast for and against the measure; and that the majority of qualified voters voting on the measure relating to adoption of a City Charter did vote in favor thereof. He read title to Resolution No. 71 -1084 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUN1CIPAL-ELECTION HELD IN SAID CITY OF TEMPLE CITY ON THE 9th DAY OF MARCH, 1971, DECLARING THE. _RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Councilman Tyrell moved to adopt Resolution No. 71 -1084, seconded by Councilman Gilbertson, and the motion carried unanimously. City Attorney Martin presented CERTIFICATE OF RATIFICATION OF A CITY CHARTER BY THE CITY OF TEMPLE CITY AT AN ELECTION HELD MARCH 9, 1971, for approval. He advised that this certification would be forwarded to the Legislative Counsel for action by the Legislature. Councilman Tyrell moved to approve Certification of Ratification of a City Charter, seconded by Councilman Harker, and unanimously carried. 1 1 1 Council Minutes, March 16, 1971 - Page 4 CITY CLERK'S CERTIFICATE OF CANVASS EXHIBIT "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. 71 -1073, adopted by the City Council of said City on the 19th day of January, 1971, do hereby certify that have canvassed the returns of the Special Municipal Election held in said City on the 9th day of March, 1971, and find that the number of votes given at each precinct and the number of votes given for and against the measure "SHALL THE CHARTER PREPARED AND PROPOSED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY BE ADOPTED ?" were as follows: Karl. L. Koski; City Clerk City of Temple City, California Dated: March 16, 1971 PRECINCT FOR THE AGAINST THE TOTAL VOTES CAST MEASURE MEASURE AT PRECINCT 1. 123 30 153 2. 128 30 158 3. 127 30 157 4. 77 17 94 5. 116 25 141 6. 104 27 131 7. 118 13 133 8. 113 20 133 9. 145 25 170 10. 81 9 90 11. 72 23 95 12. 51 33 84 13. 111 18 129 14. 111 19 130 15. 85 10 95 16. 84 32 116 Absent Voters 14 1 15 1,660. 362 2,024 Council Minutes, March 16, 1971 - Page 5 10. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of March 9, 1971. A. PROPERTY NUISANCE CASE No. 7, 9437 Las Tunas Drive. Councilman Tyrell moved to set Public Hearing for Property Nuisance Case No. 7, 9437 Las Tunas Drive, for Tuesday, April 6, 1971, at 7:30 p.m. in the Council Chambers of the City Hall, to consider recommendation of Planning Commission as set forth in Resolution No. 71- 410PC. The motion was seconded by Councilman Gilbertson and unanimously carried. B. TENTATIVE TRACT MAP No. 29825: Re. Condominium at 5530 and 5538 No. Welland, Temple City City Manager Koski advised that the Planning Commission, at their regular meeting held on March 9, 1971, recommended for Council approval, Tentative Tract Map No. 29825 relating to construction of a subdivision for condominium purposes to be located at 5530 and 5538 N. Welland, Temple City. Planning Director -0ragicevi.ch presented background information relative to the subject pro - perty, advising that it was zoned R -3, Multiple Residential. Proposed are 20 units which will be owned individually and owners would hold an equal interest in the common or open space. He advised that total lot area of proposed subdivision is 49,200 sq. ft., and that proposed units would be of one or two stories, with one or two bedrooms, and that two units were proposed over carports. Parking requirements conformed to the zoning code. Conditions for the development were as outlined in Resolution No. 71- 409PC, adopted by the Planning Commission on February 9, 1971. Councilman Tyrell moved to confirm Resolution No. 71- 409PC, and to approve Tentative Tract Map No. 29825, seconded by Councilman Harker and unanimously carried. 11. TRAFFIC COMMISSION RECOMMENDATIONS - Meeting of March 3, 1971. A. Request for Passenger Loading Zone, Temple City High School. B. Request for Temporary Removal of Parking Restrictions on Lemon Avenue, in front of high school. City Manager Koski advised that the request for passenger loading zone at the high school instead of present "No Stopping," and the request for temporary removal of parking restriction on Lemon Ave. in front of the high school were interrelated, and could be considered together. He advised that the Traffic Commission recommended removal of "No Stopping" signs on the north side of Lemon Avenue from the easterly drive into the parking lot to Temple City Boulevard, and on the west side of Temple City Boulevard, from Lemon Avenue to the first driveway northerly, and replacing these signs with "No Parking - 7 a.m. to 5 p.m., school days only" at these locations, to provide a more feasible approach to handle loading and unloading of students than a regular loading zone. Signs for Lemon Avenue would be posted following completion of construction of a new library at the high school. In this regard, removal of temporary parking restrictions on Lemon Avenue, fronting the high school to provide on- street parking to teacher personnel during the construction period for the library was also recommended. Cost estimate for each item was $25. Councilman Tyrell moved to approve items A and B, as recommended by the Traffic Commission and outlined in memorandum dated March 5, 1971,... seconded by Councilman Gilbertson and unanimously carried. Council Minutes, March 16, 1971 - Page 6 C. Request for Bicycle Parking Rack - Massie's Hobby House City Manager Koski advised that the Traffic Commission recommended placement of a bicycle parking rack on the south side of Las Tunas Drive, adjacent to the curb, in front of Massie's Hobby House, 9224 Las Tunas Drive, to accommodate the need of youthful shoppers at this location. He advised that pursuant to Municipal Code Sections 3330- 3330.4, Resolution No. 71 -1085 had been prepared to provide for the installation of a bicycle rack within given limits in this area. Councilman Tyrell moved to grant the request, subject to requirements outlined by staff, and to adopt Resolution No. 71 -1085 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING LIMITED BICYCLE PARKING ON CERTAIN POSTED BLOCKS PURSUANT TO SECTIONS 3330 THROUGH 3330.4 OF THE TEMPLE CITY MUNICIPAL CODE, seconded by Councilman Gilbertson and unanimously carried. 12. RESOLUTION No. 71 -1086: WARRANTS & DEMANDS, Demand Nos. 3689 thru 3830, in the amount of $127,652.76. Councilman Tyrell moved to adopt Resolution No. 71 -1086 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $127,652.76, DEMAND NOS. 3689 THRU 3830, seconded by Councilman Harker and unanimously carried. 13. COMMUNICATIONS: City Manager Koski presented a communication from Yellow Cab Company, advising of a rate increase for taxicab service to cities in the San Gabriel Valley, pursuant to the provisions of the business license ordinance. He advised that the fares were the same as those submitted by the San Gabriel Valley Cab Company in July of 1970. The communication was received and filed. 14. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one came forward. 15. MATTERS FROM CITY OFFICIALS: A. Appointment of Deputy Civil Defense Directors. City Manager Koski •requested confirmation by the Council in appointing Deputy Civil Defense Directors, as follows: Terry Lantz - Assistant Director of Civil Defense George Dragicevich - Deputy Civil Defense Director Victor Kobett - Deputy Civil Defense Director Bob Linares - Deputy Civil Defense Director Bill Cole - Civil Defense Communications Specialist On motion of Councilman Tyrell, seconded by Councilman Gilbertson and unanimously carried, the appointments were confirmed. B. Retirement Certificates - County Staff Members City Manager Koski advised the Council that the following individuals were retiring from County service and that some recognition may be desired on the part of the Council: Division Assistant Fire Chief Byron D. "Robbie" Robinson (former County -City Coordinator), on March 18, 1971; Deputy Chief George E. Brunton, on March 31, 1971; and County Engineer John Lambie, on March 23, 1971. Councilman Harker moved to authorize the preparation of certificates of recognition for each of the retirees, to be signed by the Council, seconded by Councilman Gilbertson and unanimously carried. 1 1 1 Council Minutes, March 16, 1971 - Page 7 C. City Manager Koski reviewed the schedule of meetings with the Council to determine if Monday, March 22, 1971, at 7:30 p.m. and 8:45 p.m. were available times for meeting with the Parks and Recreation Commission and Traffic Commission, to review capital budget items, which schedule was concurred in by the Council. D. Councilman Briggs urged the support of the Council in supporting the Ministerial Association of Temple City, urging a concerted effort to get people to write letters to Hanoi to show American sentiment that we don't like the treatment being given to Prisoners of War in Vietnam. Following discussion, he moved that the Council support the Ministerial Association in favoring action on the part of our government and Hanoi for better treatment for these prisoners of war, seconded by Mayor Merritt and unanimously carried. 16. ADJOURNMENT: On motion of Councilman Tyrell, seconded by Councilman Gilbertson and unanimously carried, Council adjourned to a Study Session at 9:05 p.m. 17. COUNCIL RECONVENED: Council reconvened at 9:20 p.m. and approved a request from the Youth Commission to write letters to the State Senate and Assembly Committees on Elections and Reapportionment, with courtesy copies to other agencies, dealing with lowering the voting age and including the age of majority. The request was approved on motion of Councilman Gilbertson, seconded by Councilman Tyrell, and unanimously carried. 18. ADJOURNMENT: Following the above action, on motion of Councilman Briggs, seconded by Councilman Harker and unanimously carried, the Council adjourned to a Study Session to be held on Monday, March 22, 1971, at 7:30 p.m. ATTEST: F DEPUTY CIT CLERK MAYOR