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