HomeMy Public PortalAboutCity Council_Minutes_1971-04-06_Regular 1971CITY OF TEMPLE CITY
COUNCIL MINUTES
APRIL 6, 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 Roger Sawyer, First
United Methodist Church, 5957 N. Golden West Avenue, Temple
City.
The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
PRESENT: Councilmen- Gilbertson, Harker, Tyrell, Merritt
ABSENT: " Councilmen- Briggs
ALSO PRESENT: City Manager Koski, Assistant City Attorney
Lieberman, Planning Director Dragicevich,
Parks & Recreation Director Kobett
Councilmen Briggs arrived during the first order of business
and was present for all discussion.
5. AFFROVAL OF MINUTES:
Councilman Gilbertson moved to approve the minutes of the
regular meeting of March 16, 1971, as distributed, seconded by
Councilman Harker and carried.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. Re. Property Nuisance Case No. 7
- 9437 Las Tunas Drive and 5917 Oak Avenue (Rio Grande Service
Station)
City Manager Koski advised that Public Hearing had been conducted
by the Planning Commission on March 9, 1971, to determine the
existence of a public nuisance at the subject property, and that
the Commission adopted Resolution No. 71 -410PC determining that a
public nuisance existed, and recommending the abatement thereof.
Planning Director Dragicevich advised that the subject property
consists of an old automobile service station and two other
buildings presently used for automobile repair shop and storage.
He reported that the owner had begun demolition of the subject
property, but that it was found that electrical service to the
adjoining buildings was provided from a main service point,
and that temporary service would need to be installed for the .
remaining businesses.
Mayor Merritt declared the Public Hearing open and invited
those present to speak for or against the matter.
Kurt Grosser, of Kurt's Imported Car Service, 9437 Las Tunas
Drive, advised that he was attempting to arrange for relocation
of his business, but felt that additional time was necessary,
perhaps up to six months, to attend to all of the details involved.
Mr. Grosser was advised that the owner of the subject property
was presently negotiating for sale of the property, and that if
there was a change in ownership there may not be renewal of the
lease, which could require his vacating the property sooner than
he had anticipated, and that it would be well to be prepared to
relocate. Following discussion with Mr. Grosser relative to
formulating plans for financing and construction for a new place
of business, it was moved by Councilman Briggs to continue the
hearing for two weeks, at which time Mr. Grosser could have avail-
able specific plans for relocating his business. The motion was
seconded by Councilman Tyrell and unanimously carried.
Council Minutes, April 6, 1971 - Page 2
7. PUBLIC HEARING: 7:30 p.m. Re. Proposed Amendment to Temple City
Municipal Code - Conditional Use Permit for Restaurants and
Similar Establishments.
City Manager Koski advised that the Planning Commission had held
Public Hearing to consider recommending an amendment to the Zoning
Code relating to conditional use permits for restaurants and
similar establishments, and had adopted Resolution No. 71 -406PC
recommending such amendment to the City Council.
Planning Director Dragicevich presented background information
leading up to the proposed amendment, which would eliminate having
to determine whether a restaurant was a "walk -in" or "drive -in"
type of eating and drinking establishment.
Mayor Merritt declared the Public Hearing open, and invited those
present who wished to speak for or against the matter to come
forward. No one came forward to speak.
Councilman Tyrell moved to close the public hearing, seconded by
Councilman Gilbertson and unanimously carried.
Following discussion, Councilman Tyrell presented Ordinance No.
71 -321 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING
SECTION 9390(56) AND ADDING SECTION 9202(36A) TO THE TEMPLE CITY
MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMITS FOR RESTAURANTS
AND SIMILAR ESTABLISHMENTS, and moved to waive further reading.
The motion was seconded by Mayor Merritt and unanimously carried.
Councilman Tyrell moved to introduce Ordinance No. 71 -321 for
first reading. The motion was seconded by Mayor Merritt and
carried by the following roll call vote:
AYES: Councilmen- Harker, Tyrell, Merritt
NOES: Councilmen - Briggs, Gilbertson
NEW BUSINESS:
8. APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE
No. 71 -339 AND CONDITIONAL USE PERMIT No. 71 -340.
City Manager Koski advised that the Planning Commission held Public
Hearing on Zone Variance Case No. 71 -339, and Conditional Use Permit
No. 71 -340, on February 23 and March 9, 1971, and passed Resolution
Nos. 71 -407PC and 71- 408PC. denying these cases. He advised that the
Zone Variance was requested to add to existing facilities with
reduced rear yard setback and number of parking spaces; and that
a conditional use permit is required for this and similar enter-
prises, such as convalescent hospitals, rest homes, etc. He stated .
that all records of the hearing before the Planning Commission had
been made available to and reviewed by the Council prior to this
evening's meeting. Councilman Tyrell moved to hear the case on
review of the Planning Commission record, seconded by Councilman
Gilbertson and unanimously carried.
Following discussion on the matter, and ascertaining that the
applicant had been advised that the appeal to the Council could be
decided on review of the record, it was moved by Councilman Briggs
to affirm the Planning Commission decision, and to deny the variance
and conditional use permit, and to instruct the City Attorney to pre-
pare the appropriate resolutions. The motion was seconded by
Councilman Harker and unanimously carried.
Assistant City Attorney Lieberman presented Resolution No. 71 -1090
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
DENYING A VARIANCE AND CONFIRMING RESOLUTION No. 7] -407PC OF THE
PLANNING COMMISSION. Councilman Tyrell moved to adopt, seconded by
Councilman Gilbertson and unanimously carried.
Assistant City Attorney Lieberman presented Resolution No. 71 -1091
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
DENYING A CONDITIONAL USE PERMIT AND CONFIRMING RESOLUTION No. 71 -408PC
OF THE PLANNING COMMISSION. Councilman Tyrell moved to adopt,
seconded by Councilman Briggs and unanimously carried.
Council Minutes, April 6, 1971 - Page 4
14. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - Meeting of
March 17, 1971.
1
City Manager Koski advised that the Parks and Recreation Commission
had received a request from the Temple City Host Lions Club to
donate an amount of $100 to the City of Temple City for the purpose
of co- sponsoring the Annual All -City Easter Egg Hunt, recommending
acceptance. Councilman Briggs moved to accept the donation with
thanks, seconded by Councilman Gilbertson and unanimously carried.
Mayor Merritt advised that a letter of appreciation would be sent
to the Lions Club, accepting their contribution.
PERSONNEL APPOINTMENTS:
RESOLUTION No. 71 -1087: APPOINTMENT OF MAINTENANCE SUPERINTENDENT
Councilman Tyrell moved to adopt Resolution No. 71 -1087 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINT -
INT PERSONNEL, appointing Dan Owen Neff as Maintenance Superintendent
effective April 12, 1971. The motion was seconded by Councilman
Harker and unanimously carried.
RESOLUTION No. 71 -1088: APPOINTMENT OF TEMPORARY PERSONNEL
Councilman Harker moved to adopt Resolution No. 71 -1088 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINT-
ING TEMPORARY PERSONNEL. The motion was seconded by Councilman
Briggs and unanimously carried.
16. RESOLUTION No. 71 -1089: WARRANTS & DEMANDS - Demand Nos. 3831
thru 3921, in the amount of $28,326.31.
Councilman Tyrell moved to adopt Resolution No. 71 -1089 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING
CLAIMS AND DEMANDS IN THE SUM OF $28,326.31, DEMAND NOS. 3831 THRU
3921. Councilman Gilbertson seconded the motion which carried
unanimously.
17. COMMUNICATIONS:
A. Resignation of Ralph Beckman from Planning Commission.
Councilman Tyrell moved to accept the resignation of Ralph Beckman
from the Planning Commission, due to business commitments away from
the City, with regret, and that a plaque be prepared to be presented
to him in recognition of his services. The motion was seconded by
Councilman Harker and unanimously carried.
B. Request for permission to hang banners for Public Schools' Week.
City Manager Koski presented a request from Thomas F. J. McDuffie,
to hang two banners across the intersection of Las Tunas Drive and
Temple City Boulevard, proclaiming Public Schools' Week, ..April ..19-.23,
1971. Councilman Tyrell moved to approve, subject to insurance
coverage naming the City as additionally insured. Councilman Briggs
seconded, and the motion carried unanimously.
C. Environmental Study Committee - Request for extension of deadline
for report.
City Manager Koski presented a request from the Environmental Study
Committee for extension of time to coordinate and consolidate all of
the subcommittee reports into one report. Councilman Harker moved
to grant the extension as requested, to June 1, 1971, seconded by
Councilman Tyrell and unanimously carried.
D. Request from Black Watch Steak House for dance license.
City Manager Koski advised that a request had been received from
Remo Benigni, Black Watch Steak House, for dancing license to be
added to their existing entertainment license. Councilman Gilbertson
moved to set Public Hearing for Tuesday, April 20, 1971, at 7:30 p.m.,
seconded by Councilman Tyrell and unanimously carried.
1
1
Council Minutes, April 6, 1971 - Page 3
9. APPEAL FROM PLANNING COMMISSION DECISION - ZONE VARIANCE CASE
NO. 71-341 (9644 G i dl ey and 4409 Temple City Bbu leva rd (Mapes)
City Manager Koski advised that the Planning Commission held Public
Hearing on Zone Variance Case No. 71 -341PC on March 9, 1971, and
had passed Resolution No. 71 -411PC granting Phase 1 on the plot plan
marked Exhibit "A" in the applicant's request, to expand existing
nonconforming M -2 lots. He advised that the applicant had appealed,
within .. the required period of time, 'certain conditions imposed by
the Planning Commission in granting the variance; however that an
additional request on the part of the applicant was submitted,
asking for a 90 -day delay in hearing the matter because of finance
reasons.
Following discussion on the matter, it was moved by Councilman Gilbert-
son to defer the appeal to July 6, 1971, in accordance with the
request of the applicant, at which time it will be determined whether
to conduct a public hearing, or review the appeal on the record of
the public hearing held before the Planning Commission on March 9, 1971.
Councilman Briggs seconded the motion which carried unanimously.
10. REPORT ON RATES FOR CONTRACT LAW ENFORCEMENT - LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT.
City Manager Koski reported on the proposed rates for contract law
enforcement adopted by the County Board of Supervisors on March 30,
1971. The report was referred to budget studies.
11. INTERIM ORDINANCE No 71 -318: Re. RETAIL COMMERCIAL ZONE (C -1).
City Manager Koski advised that Interim Ordinance No. 71 -318
regarding retail commercial uses to be included in C -1 zone will
expire May 2, 1971, and that the matter was presently being studied
by the Planning Commission and the Chamber. of Commerce. Councilman
Tyrell moved to set Public Hearing for April 20, 1971, at 7:30 p.m..,
to consider an extension of Interim Ordinance No 71 -318. The
motion was seconded by Councilman Gilbertson and unanimously carried.
12. SET PUBLIC HEARING: Re. Petition for Street Improvements -
Persimmon Avenue, Grand to Lower Azusa (general limits).
(Curb, gutter and driveway approaches pursuant to Chapter 27,
Streets and Highways Code.)
Councilman Tyrell moved to set Public Hearing for Tuesday, April
20, 1971, at 7:30 p.m., the petition for street improvements for
installation of curb, gutter and driveway approaches on Persimmon
Avenue, between Grand Avenue and Lower Azusa Road, under Chapter 27
proceedings, Streets and Highways Code, the project to include the
jurisdiction of properties located at 4815 and 4835 Persimmon
Avenue, and 10733 and 10743 Lower Azusa Road, granted by the City
of El Monte by their Resolution No. 3886, adopted April 6, 1971.
The motion was seconded by Councilman Gilbertson and unanimously
carried.
13. SUMMER RECREATION PROGRAM - 1971: Authorization to Recruit
Personnel.
City Manager Koski presented an estimated cost of proposed
summer recreation program to provide the sarne basic level of
service as provided the previous summer, as outlined in memorandum
dated March 31, 1971, and requested authorization to begin
recruitment for staffing the playgrounds. Councilman Gilbertson
moved to approve, seconded by Councilman Briggs, and unanimously
carried.
Council Minutes - April 6, 1971 - Page 5
E. City of South El Monte - support of proposed area hospital.
City Manager Koski advised that a request had been received from
the City of South El Monte, for support of proposed hospital to
be built in South El Monte. In order to obtain F.H.A. funds for
financing, the concurrence of the Department of Public Health of
the State of California was required, and the support of surrounding
cities would assist in this regard. Following discussion as to the
need for such a hospital in the South E1 Monte area, even though
Temple City was not directly affected since other hospitals adequately
served the area, Councilman Harker moved to adopt Resolution No. 71-
1093,.entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, REQUESTING THE STATE OF CALIFORNIA TO APPROVE THE
NEED FOR A FULL SERVICE HOSPITAL IN THE SOUTH EL MONTE AREA FOR THE
PURPOSE OF OBTAINING F. H. A. FINANCING. The motion was seconded
by Councilman Gilbertson and unanimously carried.
F. City of Signal Hill - urging review of Contract Cities Resolution
re. Funding of Local Government.
City Manager Koski advised that a request had been received from the
City of Signal Hill, urging member cities of the California Contract
Cities Association to request further review of a resolution entitled
A RESOLUTION OF THE CALIFORNIA CONTRACT CITIES ASSOCIATION URGING
THE STATE LEGISLATURE AND COUNTY BOARD OF SUPERVISORS TO PROVIDE A
FISCALLY RESPONSIBLE PROGRAM FOR THE FUNDING OF LOCAL GOVERNMENT,
in particular Section (e) dealing with the allocation of sales tax
revenues. Councilman Gilbertson moved to support the request of the
City of Signal Hill, seconded by Councilman Briggs and unanimously
carried.
G. Request of Dan Flick, 9122 E. Longden, to conduct search for
antique bottles on city -owned property.
City Manager Koski presented a request from Dan Flick, 9122 E.
Longden, a 17 -year old student interested in antique bottles, to
conduct excavations on property owned by the City of Temple City
at the northeast corner of Longden and Encinita, which had been a
former dump site. Councilman Tyrell moved to approve, seconded by
Councilman Gilbertson and unanimously carried, subject to conditions
of liability and safety, as well as the City retaining ownership of
any items found to be of significant interest or value, such as
precious metals, jewels or money, and /or objects of art of national,
historic or local interest.
18. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
Larry Woolverton, President of the Temple City Chamber of Commerce,
introduced Matt English, the new general manager of the Chamber.
19. MATTERS FROM ..CITY OFFICIALS:
A. Aut,hor i zat idn` t!o •draw warrants for : Contract: Cities, Conference.
City Manager Koski requested authorization to draw warrants for
City representatives attending California Contract Cities Conference,
April 22 -25, 1971. Councilman Harker moved to approve, seconded by
Councilman Gilbertson and unanimously carried.
B. Resolution No. 71 -1092: Protest treatment to prisoners -of -war.
City Manager. Koski presented Resolution No. 71- _..1092, entitled.A,. RESOL-
UTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE. CITY URGING RE-
PATRIATION OF CAPTURED AMERICAN AND ALLIED FIGHTING MEN, in accordance
with the previous direction of the Council. Councilman Briggs spoke
re. concern for Prisoners -of -War and the hardships they are enduring,
urging an effort by whatever means possible of making our protest
known to our national leaders. Councilman Briggs moved to adopt
Resolution No. 71 -1092, as described, for all members of the Council
to sign the Resolution, and that copies be forwarded to the President
of the United States, to our Senators and Congressmen. The motion
was seconded by Councilman Gilbertson and unanimously carried.
1
1
1
Council Minutes - April 6, 1971 - Page 6
20. ADJOURNMENT:
Councilman Gilbertson moved to adjourn to a Personnel Session
and Study Session at 9:25 p.m.
21. RECONVENED MEETING:
Council reconvened at 9:45 p.m. and took the following action:
A. On motion of Councilman Briggs, seconded by Councilman Gilbert-
son and unanimously carried, Joe Startin, 9651 La Rosa Drive,
Temple City, was appointed to fill the unexpired term of Ralph
Beckman on the Planning Commission, to June 30, 1972.
B. On motion of Councilman Tyrell, seconded by Councilman Harker
and unanimously carried, the office of Parking Commissioner,
previously held by Jack Armstrong, was declared vacant since
Mr. Armstrong is not a resident and has discontinued his
business operations in the City.
C. Reviewed the cost estimate for relocating illuminated City
entrance sign on Las Tunas, east of Rosemead Boulevard, to the
general vicinity of Muscatel, also on Las Tunas Drive. Estimated
costs in the amount of $600 for relocating sign, removing
existing planter and electrical work were concurred in by the
Council at the suggestion of Mayor Merritt. Staff was instructed
to accomplish the work.
22. ADJOURNMENT:
On motion of Councilman Tyrell, seconded by Councilman Harker and
unanimously carried, the meeting adjourned at 9:55 p.m. Next
regular meeting of the City Council will be held on Tuesday,
April 20, 1971, at 7:30 p.m. in the Council Chambers of the
City Hall.
ATTEST:
ac_/16 .J 722. y
f Deputy Cit Clerk
,(7ZO)-c,c,(2.-, /R.) /k_e.„.1.,„;"60.0k-
MAYOR