Loading...
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