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HomeMy Public PortalAboutCity Council_Minutes_1971-06-01_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES JUNE 1, 1971 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:37 p.m. 2. The invocation was given by the Reverend Father Ian Holland, St. Luke's Catholic Church, Cloverly at Broadway, Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: PRESENT: Councilmen- Briggs, Harker, Merritt, Gilbertson ABSENT: Councilmen- Tyrell ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks & Recreation Director Kobett, Civil Engineering Assistant Linares, Planning Technician Burnham, District Engineer Biddlecomb Councilman Briggs moved to excuse the absence of Councilman Tyrell due to vacation, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: Councilman Briggs moved to approve the minutes of the regular meeting of May 18, 1971 as written, seconded by Councilman Merritt and carried, Councilman Harker abstaining. At this point, Mayor Gilbertson paid recognition to Temple City Senior Citizens Organization, Mrs. Marion Lawrenz, President. A certificate of appreciation was presented by the Mayor in recognition of the fine contribution provided to the community through this organization. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Proposed Amendment to Temple City Municipal Code Re. Outdoor Advertising Structures and Nonconforming Uses. City Manager Koski advised that this matter had been set for Public Hearing to consider the recommendation of the Planning Commission to amend the Temple City Municipal Code relating to outdoor advertising structures and nonconforming uses as set forth in Resolution No. 71- 415PC, and that proper notice had been sent. Planning Director Dragicevich presented background information, advising that pursuant to the recommendation of the Planning Commission, outdoor advertising structures would be permitted only in C -M, M -1 and M -2 zones provided a conditional use permit is first obtained. He advised that all existing advertising structures in the City are subject to an amortization schedule which is based on the type of structures and the installation date; that the amortization schedule for signs on wooden supports would be 9 years, and for signs on steel supports, 13 years from date of installation. Further, that according to the Planning Commission proposal, only 2 signs would be left in C -2 zones, and that most billboards in C -M, M -1 and M -2 zones would be abated after the adoption of the proposed ordinance unless a conditional use permit is obtained. The Planning Director further advised that a second portion of the Planning Commission resolution refers to the status of nonconforming uses listed in the Conditional Use Permit Section; that Section 9277 of the Code is proposed to be amended to accommodate existing kennels, but not other conditional use permit uses presently included in that section of the code. Council Minutes, June 1, 1971 - Page 2 Mayor Gilbertson declared the Public Hearing open, and invited those present who wished to speak to come forward. Jay Kingry, Pacific Outdoor Advertising, 1740 Narva Street, Los Angeles, spoke to the Council, assisted by John Glyn of Foster and Kleiser Advertising Co. to describe exhibits which were presented. A substitute resolution to that adopted by the Planning Commission was presented jointly by the two agencies for consideration, with schedule for amortization of signs depicted by exhibit. Mr. Kingry advised that other cities are writing suitable ordinances to meet the needs of the industry, naming South El Monte., Rosemead, Baldwin Park, Pasadena, Arcadia and Alhambra. He stated that his agency and Foster and Kleiser were opposed to the conditional use permit requirement. George Kennedy, Kennedy Outdoor Advertising Co., discussed the need for the billboard companies to stay in business and the service performed by them. He stated that he felt that all advertising should be limited, whether by point of purchase or by billboard. He felt that there should be regulations so that the number of billboards within a certain area would be limited and that the regulation suggested as to 300' per sign was more important than the permissable zone. No one else cameforward to speak. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Merritt and carried. In closed discussion the Council considered the need to be sensitive to the established businesses involved as well as the ecological aspect in the proposed abatement of signs; the number of signs that would remain under the proposed amendment recommended by the Planning Commission as well as under the pro - posal presented by the sign companies; the background of condi- tional use permit requirement for many businesses, not just bill- boards; the total effect of the billboards within the community and the need to control the undesirable aspects. In regard to the conditional use permit requirement wherein each case would be considered when presented, staff was directed to prepare a check list of standards that would be applicable. City Attorney Martin noted two differences between the industry and staff recommendations, one, that . industry was proposing that signs be allowed by one method or another in C -2 zones, while staff recommended that they be phased out; and the other, that for C -M and M zones., staff proposed conditional use permit requirement and industry proposed that they be permitted without a conditional use permit. He suggested that the Council might consider a compromise situation, to grandfather in the existing signs, but require a conditional use permit for new .signs. City Attorney Martin also called attention to the restriction proposed in the section regarding kennels. He advised that by referring only to kennels as proposed by Planning Commission, this would make non- conforming many uses that now require conditional use permit--that if we are now going to require a conditional use permit, for example, for restaurants, then all existing restaurants would become non - conforming. In order to give consideration to the standards that would be used, and to consider the recommendations of the City Attorney and to provide additional review of the matters involved, Councilman Briggs, moved to reopen and continue the public hearing to June 15, 1971, at 7:30 p.m. The motion was seconded by Councilman Harker and carried. 7 PUBLIC HEARING: 7 :30 p.m. Re. Proposed Amendments re. Temple City Building Laws - Increase in Fee Schedules: ORDINANCE NOS. 71 -323, 71 -324, 71 -325, 71 -326 and 71 -327 - 2nd read. City Manager Koski advised that this matter had been set for Public Hearing in order to adopt by reference the County Ordinances relating to building laws, and that first reading on the above ordinances had been held on May 4, 1971. Council Minutes, June 1, 1971 - Page 3 City Attorney Martin presented the following Ordinances for second reading by title only, and adoption: ORDINANCE NO. 71 -323, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68- 267, THE BUILDING CODE OF THE CITY OF TEMPLE CITY RELATING TO UNOCCUPIED,BUILDINGS AND TO BUILDING AND PROPERTY REHABILITATION, ORDINANCE NO. 71 -324, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -267 OF THE CITY OF TEMPLE CITY RELATING TO FEES, ORDINANCE NO. 71-325, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -270 OF THE CITY OF TEMPLE CITY RELATING TO FEES, ORDINANCE NO. 71 -326, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -268 OF THE CITY OF TEMPLE CITY RELATING TO FEES, ORDINANCE NO. 71 -327, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -269 OF THE CITY OF TEMPLE CITY RELATING TO FEES, which ordinances adopt County Ordinances 10222, 10204 (except for Table 3A set forth separately), 10205, 10206 and 10207 respectively. Councilman Merritt moved to waive further reading and to adopt by title only, seconded by Councilman Harker and carried. 8. PUBLIC HEARING: Re. Proposed Amendment to Municipal Code Re. Classification for Water Wells and Related Facilities - ORDINANCE NO. 71 -328 - 2nd read. City Manager Koski advised that this matter had been set for Public Hearing to consider recommendation of Planning Commission relating to conditional use permits for water wells and related facilities in residential zones as set forth in Resolution No. 71- 418PC, and that first reading has been given to Ordinance No. 71 -328 on this matter on May 18, 1971. Planning Director Dragicevich presented background information advising that the Sunnyslope Water Company had prepared a comprehensive plan for development of facilities in the service area of the company and that one third of the City and 90% of the commercial development within the`City boundary are served by this company. He stated that these types of water facilities are, in general, located in residential areas and are screened from view by walls, fences and plantings. Further, that the Temple City Municipal Code allows testing and exploration of natural resources in any zone, but production and processing in commercial and manufacturing zones only. With the proposed amendment, exploration, extraction and processing of water would also be permitted in residential zones subject to obtaining a Conditional Use Permit. Mayor Gilbertson declared the Public Hearing open and invited those present who wished to speak on the matter to come forward. No one came forward. Councilman Merritt moved to close the Public Hearing, seconded by Councilman Briggs and carried. City Attorney Martin presented Ordinance No. 71 -328 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 9202 (32) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDITIONAL USES, for second reading by title only, and adoption. It was so moved by Councilman Merritt, seconded by Councilman Briggs. By roll call vote, second reading by title only and adoption was not unanimous, following which City Attorney Martin presented Ordinance No. 71 -328 for second reading by title only. Councilman Merritt moved to waive further reading, seconded by Councilman Briggs and unanimously carried. Councilman Merritt moved to adopt, seconded by Councilman Briggs, The motion carried by the following roll call vote: AYES: Councilmen-Briggs, Harker, Merritt NOES: Councilmen - Gilbertson ABSENT: Councilmen -Tyre '1 Council Minutes, June 1, 1971 - Page 4 9. ACCEPTANCE OF BID: Street Improvements - Persimmon Avenue - Grand. Avenue to Lower Azusa.._ City Manager Koski advised that sealed competitive bids" were opened by the City Clerk for street improvements, Persimmon Avenue, Grand to Lower Azusa Road, on May 26, 1971, following public advertising, and that the low bid in the amount of $19,711.80, approximately 13% below the Engineer's estimate of $22,665, was received from B & T Construction of Baldwin Park. Also that an estimate of cost for providing the required con- struction supervision, inspection and surveys for the proposed street improvements had been received from Krelle & Lewis, Inc., in the amount of $2,200. Councilman Harker moved to accept the low bid from B & T Con- struction Co., Baldwin Park, in the amount of $21,911.80, and to authorize the Mayor and City Clerk to sign agreement; and to authorize Krelle & Lewis, Inc., to perform construction survey and inspectional services, estimated at $2,200 with final costs to be determined upon completion of work, for Persimmon Avenue street improvements, as described. The motion was seconded by Councilman Merritt and carried. 10. RENEWAL OF AGREEMENTS: LOS ANGELES COUNTY A. General Services Agreement - 5 years B. Street Maintenance and Construction - 5 years C. Hospitalization of City Prisoners - 5 years City Manager Koski advised that agreements for County Services were due for renewal at this time, and that the following resolutions had been prepared for Council consideration in connection with renewals: Resolution No. 71 -1104 - Resolution No. 71 -1105 - Resolution No. 71 -1106 - Resolution No. 71 -1107 - Resolution No. 71 -1108 - Engineering Services, Master House Numbering Map, Personnel Services, City Prosecution Service, and Communications Equipment Repair which resolutions were part of the General Services Agreement, and that following the approval of the agreement and the adoption of the resolutions, the services were provided only upon request of the agency concerned. Also, that the following resolutions had been prepared for extending 5 -year agreements as follows: Resolution No. 71 -1109 - Street Maintenance and Construction, and Resolution No. 71-1110 --Hospitalization of City Prisoners The need for Personnel Services from the County was discussed, and it was the consensus of the Council that the resolution to request these services should be deleted. Councilman Merritt moved to approve the renewal of the General Services Agreement with the County of Los Angeles, and to authorize the Mayor and City Clerk to sign, and to adopt the following resolutions: RESOLUTION No. 71 -1104 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING AND REQUESTING THE COUNTY ENGINEER TO PERFORM CERTAIN SERVICES, RESOLUTION No. 71 -1105 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING AND REQUESTING THE COUNTY ENGINEER TO MAINTAIN THE MASTER HOUSE NUMBERING MAP, Council Minutes, June 1, 1971 - Page 5 RESOLUTION No. 71 -1107 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RE. CONTRACT FOR CITY PROSECUTION SERVICE, RESOLUTION No. 71 -1108 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING MAINTENANCE SERVICES FROM THE DEPARTMENT OF COMMUNICATIONS OF THE COUNTY OF LOS ANGELES PURSUANT TO THE GENERAL SERVICES AGREEMENT, RESOLUTION No. 71 -1109, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING STREET MAINTENANCE AND CONSTRUCTION, and RESOLUTION No. 71 -1110, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING HOSPITALIZATION OF CITY PRISONERS. The motion was seconded by Councilman Harker and carried. 11. RENEWAL OF AGREEMENT: Community Recreation Program with Temple City Unified School District - 1 year period. City Manager Koski advised that the agreement for community recreation program between the City of Temple City and the Temple City Unified School District expires June 30, 1971, and that it was recommended for renewal without change. Councilman Briggs moved to approve, subject to adoption of the budget, and to authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 12. RENEWAL OF AGREEMENT: L & L Gardening Service - 1 year period City Manager Koski advised that the agreement for median strip maintenance on Baldwin and Santa Anita Avenues with L & L Garden- ing Service expires on June 30, 1971, and that it was recommended_ for renewal without change. Councilman Harker moved to approve, subject to adoption of the budget, and to authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 13. APPROVAL OF FIREWORKS PERMITS: City Manager Koski advised that ten applications were received for sale of fireworks, that the locations had been checked by the Planning Department, and that one location, St. Luke's Church, did not meet zoning requirements. In all instances necessary deposits and/or insurance certificates had been received. Father Stephen Blaire, St. Luke's Church, present in the audience, advised that he had been unaware until today of the zoning require- ment, and stated that he was willing to try to obtain a location in a commercial zone. Councilman Harker moved to approve all locations as follows: 1. Temple City Youth Football - Ralph's Market 9470 Las Tunas Drive 2. Dad's Committee Post Troop 171 - Pancake Alley 5721 N. Rosemead Blvd. 3. Job's Daughters Bethel 179 - Tastee Freez 4805 Temple City Blvd. 4. Optimist Club of Temple City - Gateway Markets 5449 Rosemead Blvd. 5. Boy Scout Troop 179 - T. C. Church of Nazarene 9953 Las Tunas Drive 6. T. C. Post 279, American: Leg. - Market Basket 6340 Rosemead Blvd. Council Minutes,.June ], 1971 - Page 6 7. St. Luke's Catholic Church - St. Luke's Grounds 9.451 Broadway 8.. Temple City Y's Men's Club - Southwest corner Alessandro and Las Tunas Drive 9. Temple City Jaycees - Alpha Beta Market 5935 Temple City Blvd. 10. T. C. Ward, Church of Jesus - 6258 Rosemead Blvd. Christ of Latter Day Saints with the exception of No. 7, St. Luke's Church, which application was approved on the condition that a bonafide effort be made to find a location to sell such fireworks in a commercial zone; with the understanding that if unable to do so, the permit be granted as outlined in the request; that this approval is not to constitute a precedent, but is granted this year only, so as not to cause a hardship. The motion was seconded by Councilman Merritt and carried, Councilman Gilbertson abstaining. 14. STREET LIGHT INSTALLATION: Temple City Boulevard - Between Live Oak Avenue and S.P.R.R. Right -of -Way City Manager Koski advised that as part of a program to provide street lighting for the safety and protection of residents in the City, the Southern California Edison Company has submitted pre- liminary plans and cost estimates for installation of street lights on Temple City Boulevard, Live Oak to S.P.R.R. Right -of -Way. Estimated costs were outlined by memorandum dated May 26, 1971, in the amount of $1,371.50 for new steel poles, with energy costs estimated at $],545 for the entire project. Lights installed on existing poles would be borne by the Edison Company. Councilman Harker moved to approve as set forth, seconded by Councilman Briggs and carried. 15. PROPOSED BUDGET - 1971 -72. City Manager Koski advised that proposed budgets for 1971 -72 had now been submitted to the Council for consideration and that Public Hearings may now be set. Councilman Harker moved to receive the proposed budget for 1971 -72 as submitted by the City Manager, and to set Public Hearings for June 3, 10, 17 and 24, subject to any . supplemental meetings that may be required. The motion was seconded by Councilman Merritt and carried. 16, ORDINANCE No. 71 -329: 1st read. Re. Proposed Amendment to'Temple City Municipal Code Relating to Granting Franchises for Commercial Antenna Television Systems. City Attorney Martin presented Ordinance No. 71 -329 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING CHAPTER 8 TO ARTICLE VI OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, advising that the ordinance had been drafted, in part, from the model ordinance prepared by the League of California Cities, and would provide enabling legislation for granting non - exclusive CATV franchises. Councilman Briggs moved to waive further reading, seconded by Councilman Harker and carried. 17. REPORT OF ENVIRONMENTAL STUDY COMMITTEE: City Manager Koski advised that pursuant to Council action on November 17, 1970, Mayor Merritt had appointed members to serve on the Environmental Study Committee, and that this group had been meeting the third Thursday of each month since January, with Mike Burnham, Planning Technician, as staff liaison. Planning Technician Burnham introduced the members of the Committee present in the audience, and presented the report which had been compiled, covering four areas of environmental pollution, namely - air, water, noise and solid waste. The report was reviewed by the 1 1 1 Council Minutes, June 1, 1971 - Page 7 Council, and the Committee wasmcommended for the professional manner in which they had undertaken the project. Councilman Merritt moved that the committee be retained for further work, and to accept the report with deep appreciation. 18. RESOLUTION No. 71 -1103: Employment of Temporary Personnel Councilman Briggs moved to adopt Resolution No. 71 -1103 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINT- ING TEMPORARY PERSONNEL, seconded by Mayor Gilbertson and carried. 19. RESOLUTION No. 71 -1111: WARRANTS & DEMANDS, DEMAND NOS. 4153 THRU 4224, IN THE AMOUNT OF $25,035.34. Councilman Merritt moved to adopt Resolution No. 71 -1111 entitled A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $25,035.34, DEMAND NOS. 4153 THRU 4224. Councilman Briggs seconded the motion which was so ordered. 20. COMMUNICATIONS: City Manager Koski presented a request from Temple City Lionettes to conduct eyemobile clinic in Temple City Park on Friday and Saturday, September 17 -18, 1971. Councilman Merritt moved to approve, subject to necessary insurance, seconded by Councilman Harker and carried. 21. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Matt English, Manager, Temple City Chamber of Commerce, spoke of the need to begin plans for the City Picnic, and urged that a date be set. Council concurred in the date of September 18, 1971, for the Annual City Picnic. 22. MATTERS FROM CITY OFFICIALS: A. Division Assistant Chief Dean Russell, Los Angeles County Fire Department, was introduced. He spoke briefly relative to the hazards of so- called "Safe and Sane" fireworks, and urged the Council to consider banning this activity in future years. Mayor Gilbertson reported on the efforts of the Mayors of San Gabriel Valley to protest to the County Board of Super- visors relative to increased taxes. He advised that he would attend Budget Hearings at the Board of Supervisors, which are scheduled to begin June 7, 1971. C. City Manager Koski requested authorization for Civil Engineer- ing Assistant Linares to attend a public works workshop, to be held in Anaheim, June 7 -8, 1971, with registration fee in the amount of $50 to be paid by the City. Councilman Merritt moved to approve, seconded by Councilman Harker and carried. 23. ADJOURNMENT: Councilman Merritt moved to adjourn to a personnel session at 10:35 p.m., seconded by Councilman Harker and carried. Following the personnel session, Council reconvened, and adjourned to June 3, 1971, 7:30 p.m., at which time the Bud et Hearing would be con- ducted. ATTEST: /) if Deputy City Clerk MAYOR