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HomeMy Public PortalAboutCity Council_Minutes_1971-04-20_Regular 19711 1 CITY OF TEMPLE CITY COUNCIL MINUTES APRIL 20, 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 Charles Clark, Bethlehem Evangelical Lutheran Church, 5319 N. Halifax. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. CHARTER CITY ESTABLISHED City Attorney Martin advised that the City Charter, adopted by the voters of the City of Temple City on March 9, 1971, had been ratified by the California Legislature through passage of Assembly Concurrent Resolution No. 76 by the Assembly of the State of California, the Senate thereof concurring, and Recorded by the Secretary of State as Resolution Chapter No. 43, on the 16th day of April 1971; and that the City has therefore, officially been a Charter City as of that date. 4. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmen- Briggs, Gilbertson, Harker, Tyrell, Merritt Councilmen -None City Manager Koski, City Attorney. Martin, Planning Director Dragicevich, Civil Engineering Assistant Linares 5 APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the regular meeting held on April 6, 1971, as distributed, seconded by Councilman Briggs and unanimously carried. 6. REORGANIZATION OF COUNCIL: Mayor Merritt addressed the Council, commending them for their activities and accomplishments during the preceding year, expressing appreciation for the cooperation and team work, and pledged his continued help and assistance to the new mayor and the council in the future. At this time the City Clerk assumed the Chair and opened nominations for the office of Mayor for the coming year. Councilman Briggs nominated Louis Gilbertson for the office of Mayor, and moved that a unanimous ballot be cast for Mr. Gilbertson. The motion was seconded by Councilman Harker and unanimously carried. Mayor Gilbertson assumed the chair and expressed appreciation to his colleagues for the honor bestowed on him in electing him as Mayor. He outlined four objectives that he wished to place foremost for the coming year, :1) business development; 2) recognition of volunteer organizations and soliciting their assistance, 3) strengthening of rapport with volunteer city family, the commissions, by regular meetings with the chairmen, and 4) final development phase of expanded Live Oak Park, soliciting help from the volunteer organizations and commissions to utilize the benefit of the thinking of the entire community. Mayor Gilbertson called for nominations for the office of Mayor Pro Tem. Councilman Merritt nominated Kenneth Briggs to serve as Mayor Pro Tem. The nomination was seconded by Councilman Harker. Councilman Merritt moved that the nominations be closed and that a unanimous ballot be cast for Kenneth Briggs as Mayor Pro Tem. The motion was seconded by Councilman Harker and unanimously carried. City Council Minutes, April 20, 1971 - Page 2 APPOINTMENTS: Mayor Gilbertson then made the following committee appointments which were so ordered. California Contract Cities Jack R. Tyrell William A. Harker, Alt. L. A. County Library Board Louis W. Merritt League of California Cities Louis T. Gilbertson Kenneth C. Briggs, Alt. San Gabriel Valley Water Dist. Louis W. Merritt Sanitation District Louis T. Gilbertson, Mayor Louis W. Merritt, Alt. So. Calif. Assn. of Governments William A. Harker (Airport Committee) Louis T. Gilbertson, Alt. So. Calif. Rapid Transit Dist. Kenneth C. Briggs and City Selection Committee William A. Harker, Alt. Business Development Committee Louis T. Gilbertson Kenneth C. Briggs Finance Committee Kenneth C. Briggs Freeway Study Committee Loui, T. Gilbertson Louis W. Merritt Public Safety (Civil Defense, Law Enforcement & Emergency Reserve Jack R. Tyrell Louis W. Merritt Sister City Committee William A. .Harker City'Attorney Martin presented Resolution No. 71 -1096 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN ALTERNATE DIRECTOR OF COUNTY SANITATION DISTRICT NO. 15 which was a requisite resolution to confirm .the appointment of Sanitation District Alternate. Councilman Briggs. moved t� adopt, seconded by Councilman Harker and unanimously carried. City Attorney Martin presented Resolution No. 71 -1097 entitled A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINTING A MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE which was a requisite resolution to confirm the appointment of members to serve on the City Selection Committee. Councilman Merritt moved to adopt, seconded by Councilman Harker and unanimously carried. UNFINISHED BUSINESS: 7. PUBLIC HEARING (continued): 7:30 p.m. - Re. Property Nuisance Case No. 7 - 9437 Las Tunas Drive and 5917 Oak Avenue (Rio Grande Service Station). Mayor Gilbertson advised that this was a continued Public Hearing for the purpose of allowing time to business occupying the site to formulate plans for relocation. City Manager Koski advised that nothing further had developed relative to the sale of the property to another owner, and that Mr. Steitz, the present owner, was present in the audience as was Mr. Grosser, the tenant. City Attorney Martin advised that the record of this procedure will include recorded evidence and minutes of the Planning Commission; Resolution No. 71 -410PC adopted by the Planning Commission; the hearing conducted by the City Council at their regular meeting held on April 6, 1971a and the personal observations of the City Council which would all be used in City. Council Minutes, April 20, 1971 - Page 3 connection with the determination to be made. Mr. Steitz advised that the demolition of the service station had been stopped . when it was discovered that the power supply to the auto repair shop was on the same meter with the main building, and that the question of obtaining power for Mr. Grosser during the remainder of his tenancy needed to be resolved. He advised that demolition could be accomplished in a few days once they are ready to proceed. Kurt Grosser, owner of Kurt's Imported Car Service, advised that he had not been able to find another location for his business and requested -et least six months delay. He advised that if he had to install electric meters there would be much added expense, and would not be feasible to do so for a shorter period of time. His letter dated April 19, 1971, to the City Council advising of this situation was placed on record. No one else came forward to speak. Councilman Briggs moved to close the public hearing, seconded by Councilman Harker and unanimously carried. Following discussion as to the costs involved for temporary relocation of electrical service, current status of demolition of the service station proper, and hazards .involved because of this condition; and the time element needed for relocation of the business still in operation at the location, Councilman Briggs moved to defer demolition of all three buildings for 90 days, with no exception for extension and to instruct the City Attorney to prepare a resolution to abate the nuisance as outlined. The motion was seconded by Councilman Harker and carried by the - following roll call vote: AYES: NOES: Councilmen- Briggs, Harker, Merritt Councilmen- Tyrell, Gilbertson City Attorney Martin presented resolution No. 71 -1098, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDER THE ABATEMENT THEREOF. Councilman Harker moved to adopt, seconded by Councilman Merritt, and the motion carried by the following roll call vote: AYES: Councilmen - Briggs, Harker, Merritt NOES: Councilmen- Tyrell, Gilbertson 8. PUBLIC HEARING: 7:30 p.m. Re. Extension of Interim Ordinance No. 71 -318 - Retail Commercial Zone City Manager Koski advised that the Planning Commission was currently studying the matter of zoning for the downtown business area, and that meetings were scheduled with the Development Committee of the Chamber of Commerce, however additional time was needed to formulate recommendations, and that an extension would allow the present limited use to continue for an extended period, to April 20, 1972. City. Attorney Martin presented Ordinance No. 71 -322 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING INTERIM ORDINANCE No. 71 -318, as an urgency ordinance, Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Briggs and unanimously carried. 9. PUBLIC HEARING: 7:30 p.m. Re. Petition for Street Improvements - PERSIMMON AVENUE (Curb, gutter and driveway approaches under Chapter 27 Proceedings) a) east side, Grand to Fairview; b) west side, Grand to Lower Azusa; and c) east side, Fairview to Lower Azusa. City. Council Minutes, April 20, 1971 - Page 4 City Manager Koski presented two separate petitions for street improvements - Persimmon Avenue, Grand to Lower Azusa (general limits). He advised that 68% of the property owners had petitioned for the portion east side, Grand to Fairview; 67.98% of the property owners had petitioned for the portion west side., Grand to Lower Azusa, and that there was no petition for east side, Fairview to Lower Azusa, but that by.four /fifths vote of the Council, this portion could be made a part of the project to accomplish the improvement at the same time. He further advised that the City of El Monte had granted jurisdiction to the City of Temple City, for properties located at 4815 and 4835 Persimmon and 10733 and 10743 Lower Azusa Road, so that economies of bidding may be derived to accomplish the project for the entire area .at one time. Mayor Gilbertson declared the Public Hearing open and invited those present who wished to speak on the matter to come forward. Alice Lovejoy, 10742 Persimmon (southeast corner of Persimmon and Grand) requested additional curb and gutter work be continued around the corner to include frontage on Grand Avenue, to be made a part of the project. She was advised that this could be done. Robert Blake, resident at the southwest corner of Persimmon and Grand, inquired if the same arrangement could be included for his property, from .Persimmon to El Monte. He was advised that this also could be included. No one else came forward to speak for or against the - matter. Councilman Merritt moved to close the public hearing, seconded by Councilman Briggs and unanimously carried. Following discussion, Councilman Briggs moved to approve the project and to instruct the Superintendent of Streets to cause the work to be done. The motion was seconded by Councilman Merritt and unanimously carried. Staff was instructed to contact the two residents who spoke in order to determine the exact amount of work to be accomplished in their behalf, to be made a part of the construction program. 10. PUBLIC HEARING: 7 :30 p.m. Re. Request for Permit for Dance License - Black Watch Steak House, 8905 Las Tunas Drive. City Manager Koski advised that Public Hearing had been set on this matter as required by the Municipal Code, to consider the application of the owners of the Black Watch. Steak House to add a dance license to their present entertainment license. He sub - mitted a list of special conditions which were recommended to be made a part of the License if granted. Mayor Gilbertson declared the Public Hearing open and invited those present to speak for or against the matter. Deputy Gillmann, Los Angeles County Sheriff's Department, reported that investigation by the Sheriff's Department indicated no basis for denial. Denver Coleman, 23.11 W. Valley, Rosemead, advised that he was the property owner with eleven rental units in the immediate vicinity, and opposed the addition of a dance floor at the Black Watch, expressing concern that the 10' x 10' dance floor would degrade the reputation of the dinner house. No one else came forward to speak on the matter. Councilman Harker moved to close the public hearing, seconded by Councilman Merritt and carried unanimously. City Council Minutes, April 20, 1971 - Page 5 Following discussion by the Council to the favorable reports on the present operation of the Black Watch, the need for an opportunity for people to dance when going out to dinner, and that there was no reason for which to deny the permit, Council- man Merritt moved to approve the request, subject to the conditions to be made a part of the license as provided by staff, seconded by Councilman Harker and unanimously carried. ORDINANCE NO. 71 -320: 2nd read. Re. Amendment to Temple City Municipal Code Establishing a Zoning Administrator. City Manager Koski advised that the Ordinance to establish a zoning administrator had been referred to the Planning Commission for recommendation, and that the modification by the Council of the Planning Commission's previous recommendation for zoning modification committee was not reconciled by the Commission. In order to consider the original intent of the Planning Commission, it was recommended that a joint study session be held. Councilman Briggs moved to defer Ordinance No. 71 -320 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW PART III,A TO ARTICLE IX OF THE TEMPLE CITY MUNICIPAL CODE ESTABLISHING A ZONING ADMINISTRATOR, to a joint study session, seconded by Councilman Merritt and unanimously carried. 12. ORDINANCE NO. 71 -321: 2nd read. Re. Proposed Amendment to Temple City Municipal Code - Conditional Use Permit for Restaurants and Similar Establishments. 1 City Manager Koski advised. that Public Hearing had been held at the previous meeting of the City Council to consider amendment to Temple City Municipal Code relative to requiring conditional use permit for restaurants and similar establishments, and that Ordinance No. 71 -321 to establish such permits as recommended in Resolution No. 71 -406PC was introduced for first reading at that time. The City Attorney advised that the Ordinance No. 71 -321 entitled, AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTION 9390 (56) AND ADDING SECTION 9202 (36A) TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMITS FOR RESTAURANTS AND SIMILAR ESTABLISHMENTS included slight revisions for simplification, however that no change of intertit was involved. Councilman Merritt recommended an additional description be included in the definition of restaurants described in 36A, items 1 and 2, to include "with an indoor seating capacity of less than 150 places." Following discussion, Councilman Merritt moved to amend Ordinance No. 71 -321 to include the revisions as suggested, and to place the Ordinance back on first reading by title only and to waive further reading. The motion was, seconded by Councilman Harker, and carried unanimously, with reservation to vote no on adoption. NEW BUSINESS: 13. ADOPTION OF 1971 SUPPLEMENT: UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - RESOLUTION NO. 71 -1094 City Manager Koski advised that the 1971 Supplement to Uniform Standard Specifications for Public Works Construction reflected changes accrued and studied during the preceding months by a joint cooperative committee composed of members of the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and that the new supplement should be adopted now so that the City's requirement for materials and construction in public works is complete and up -to -date. Councilman Harker moved to adopt Resolution No. 71-1094 entitled A RESOLUTION OF THE CITY COUNCIL, CITY OF TEMPLE CITY ADOPTING THE 1971 SUPPLEMENT TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1970 EDITION, seconded by Councilman Briggs and Unanimously carried. 1 1 1 City Council Minutes, April 20, 1971 - Page 6 14. PLANNING COMMISSION RECOMMENDATION - Meeting of April 13, 1971. PROPOSED CHANGE OF ZONE FROM R -1 TO R -3, 5829 -33 -37-41 GOLDEN WEST AVENUE. Councilman Tyrell moved to set for public hearing on Tuesday, May 18, 1971, seconded by Councilman Merritt and unanimously carried. 15. YOUTH COMMISSION RECOMMENDATION - Meeting of April 14, 1971. REQUEST FOR FUNDS - VALLEY YOUTH ENTERPRISES. City Manager Koski advised that the Youth Commission advised that due to lack of funds, that the City not provide financial support requested by Valley Youth Enterprises, Inc. to provide trips for poverty teenagers. Councilman Briggs moved to receive and file the report, seconded by Councilman Merritt and unanimously carried. 16. REQUEST FOR ENCROACHMENT, PERMIT: 9022 through .9042 E. Las Tunas Drive. City Manager Koski advised that a request had been received from Mr. Keith Rozak, owner of the commercial property located on the south side of Las Tunas Drive, between Rosemead and Sultana, for encroachment permit for contemplated facial improvement of the structures from 9022 thru 9042 E. Las Tunas Drive. He advised that the proposed brick columns and lighting fixtures would en- croach over the public sidewalks from 0 to 8 ", which was shown on Exhibit "A" described to the Council. Certain conditions relative to granting the encroachment permit were recommended and submitted to the Council with recommendation dated April 14, 1971. Council noted that this improvement in the business district was most encouraging and would hopefully lead to other business property owners being motivated to similar revitalization. Councilman Merritt moved to approve, subject to the conditions as outlined, seconded by Councilman Briggs and carried. 17. ORDINANCE NO. 71-323: 1st read. Re. Control of Use of Sound Amplification Equipment City. Attorney Martin advised that Section 4548 of the Temple City Municipal Code regulates the use and licensing of sound trucks in the City, but there are no regulations to control the use of sound amplification equipment and the affect of the -noise outside buildings and on public streets and sidewalks. Because of noise problems emanating from the use of such equipment in commer- cial areas during regular business hours, an ordinance to control such uses had been drafted which could be upheld on the basis that it was reasonable. City Attorney Martin presented Ordinance No. 71-323 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4248.6 AND SECTION 4248.7 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO COMMERCIAL USES OF SOULD AMPLIFICATION DEVICES for first reading by title only. Council discussed the problems involved necessitating the need to control noise, but wished to consider alternatives. Mayor Gilbertson directed that the matter be tabled, and referred to the Chamber of Commerce for review and recommendation of alternatives. City Council Minutes, April 20, 1971 - Page 7 18. PROGRESS REPORT: REVIEW OF PROCEDURES FOR PEDESTRIAN- BICYCLE SAFETY EDUCATION AND ENFORCEMENT PROGRAM City Manager Koski advised that a copy •of the proposed enforcement program of the federally funded pedestrian - bicycle safety education program undertaken jointly by the Temple City Unified School District, the City of Temple City and the Los Angeles County Sheriff's Department, had been presented to the Traffic Commission at their meeting of April 7, 1971, for review. The Traffic Commission supported the proposal as presented and referred the matter to the City Council for concurrence or revision. Due to the extensive nature and far reaching implications involving on -going expenditure of funds, Mayor Gilbertson referred the matter to a study session with the Traffic Commission and the agencies involved. 19. RESOLUTION NO. 71 -1095: WARRANTS &DEMANDS - Demand Nos. 3922 thru 4010, in the amount of $25,168.30. Councilman Merritt moved to adopt Resolution No. 71 -1095 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $25,168.30, DEMAND NOS. 3922 THRU 4010. Councilman Briggs seconded the motion which carried unanimously. 20. COMMUNICATIONS: Larry Woolverton, President of the Chamber of Commerce, reviewed for the Council the Quarterly Report of the Chamber of Commerce from January 15 through March 31, 1971, which had been prepared by John Gates, the former manager of the Chamber. He advised that future reports would capsule the items into brief specifics to reflect the dollars and cents aspect. 21. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Mrs. Patricia Christy, 6646 N. Oak, spoke to the Council relative to the ecology movement and receiving their support and sponsor- ship for promoting citizen's involvement toward improving the environment. Staff was requested to work with Mrs. Christy and assist her in formulating her proposal. John Deamos, Temple City Jaycees, outlined goals of the Junior Chamber of Commerce, particularly in regard to environmental control. 22. MATTERS FROM CITY OFFICIALS: A. Acquisition of Right -of -Way for Lower Azusa Road Improvement City Manager Koski advised that Howard S. Martin and Associates had submitted a proposal for appraisal of right -of -way for the widening of Lower Azusa Road in the approximate amount of and not to exceed $3,450. Councilman Merritt moved to authorize expenditure and to approve the letter of agreement as presented, seconded by Mayor Gilbertson and unanimously carried. B. ATTENDANCE OF PLANNING DIRECTOR AT A.I.P. CONFERENCE: City Manager Koski presented a request from Planning Director Dragicevich to attend the annual American Institute of Planners, California Chapter, Conference, to be held in Santa Cruz, May 5 - 8, 1971, funds for which had been provided in the current year's budget. Councilman Merritt moved to approve, seconded by Councilman Briggs and unanimously carried. City Council Minutes, April 20, 1971 - Page 8 C. PRESENTATION OF PLAQUE TO OUTGOING MAYOR: Mayor Gilbertson concluded the meeting by presenting a plaque to Councilman Merritt, outgoing Mayor, as recognition for his services as Mayor during 1970-71. The plaque was received with appreciation. 23. ADJOURNMENT: Councilman Tyrell moved to adjourn to the next regular meeting of the Council to be held on Tuesday, May 4, 1971, at 7:30 p.m. in the Council Chamber of the City Hall. The motion was seconded by Councilman Briggs and unanimously carried, and the meeting adjourned at 9:45 p.m. ATTEST: AOf AdOZt*.e?(/ >1-) Z,f--/Za./it/0/ hi,ef Deputy City Clerk 1 1 MAYOR