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HomeMy Public PortalAboutCity Council_Minutes_1971-10-05_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES OCTOBER 5, 1971 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:40 p.m. 2. The invocation was given by Mayor Pro Tem Briggs, following which 3. Mayor Gilbertson led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen- Briggs, Harker, Merritt, Tyrell, Gilbertson ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks & Recreation Director Kobett, Administrative Assistant Biel, Assistant Fire Chief Dean Russell 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of September 21, 1971, seconded by Councilman Harker and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Appeal, Zone Variance Case No. 71- 341PC, 9638 Gidley (Orville Mapes). City Manager Koski advised that proper notice had been made in regard to Public Hearing on Zone Variance Case No. 71 -341, and stated that the application had originally been presented to the Planning Commission on March 9, 1971, at which time the portion of the request relating to Phase I on Exhibit "A" had been approved. In appealing the decision with respect to Phase II, which had not been approved, the applicant had submitted additional evidence, and the matter had been returned by the Council on July 6, 1971, to the Planning Commission for consider- ation of the new evidence. On September 14, 1971, the Planning Commission adopted Resolution No. 71- 426PC, denying the variance. Because the matter of appeal was previously before the Council, the applicant, by letter dated September 21, 1971, appealed to the Council for reconsideration on the denial by the Planning Commission. Mayor Gilbertson declared the Public Hearing open. Planning Director Dragicevich described the properties involved by use of exhibits, advising that the property on Temple City Boulevard was being utilized for residential as well as car sales, because it was existing non - conforming, but that garage operations had not previously occurred at this location, as was the case on the adjoining property. Councilman Merritt moved to make the minutes and records of the Planning Commission hearings a part of the record of this hearing, seconded by Councilman Harker and unanimously carried. Orville Mapes, 5731 Vista, San Gabriel (owner of the property) spoke to the need to relocate his garage operations from the Gidley Street portion, to the property on Temple City Boulevard where the sales were conducted, for convenience to him to handle both operations. He stated that two years time would assist him until he could be relocated. Council Minutes, October 5, 1971 - Page 2 No one else came forward to speak on the matter. Councilman Harker moved to close the Public Hearing, seconded by Councilman Merritt and unanimously carried. In closed discussion, Council was of the opinion that extending the condition that is being phased out was not in the best interest of the City, and that the applicant is not being denied use of his property. Councilman Briggs moved to confirm the decision of the Planning Commission, as outlined in Resolution No. 71- 426PC, and to instruct the City Attorney to prepare a resolution denying the variance in Zone Variance Case No. 71 -341. The motion was seconded by Councilman Harker and unanimously carried. 7. ORDINANCE No. 71 -337: 2nd read. Re. Proposed C -1 Retail Commercial Zone. City Attorney Martin presented Ordinance No. 71 -337 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY ESTABLISHING A NEW "C -1" EXCLUSIVE COMMERCIAL ZONE IN THE CITY AND IMPOSING THE REGULATIONS THEREOF UPON CERTAIN PARCELS AND AREAS OF THE CITY, for second reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Harker and unanimously carried. 8. ORDINANCE No. 71 -338: 1st read. Re. Amending Los Angeles County Fire Code relating to cooking and ornamental fires. City Attorney Martin presented Ordinance No. 71 -338 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 3100, 3100.1, 3100.2, 3100.3, 3101 AND 3115 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO FIRES, for first reading. He advised that this ordinance was prepared per Council instruction of the previous meeting, and included a revision of date for fireworks applications providing for extension of such time as may be authorized by the City Council. Assistant Chief Dean Russell, presented a commun- ication dated October 5, 1971, wherein the Los Angeles County Fire Department explained the intent of the existing code as it pertained to backyard fires. Councilman Tyrell moved to place on first reading, and to waive further reading of Ordinance No. 71 -338, seconded by Councilman Briggs and unanimously carried. 9. COMMERCIAL ANTENNA TELEVISION - Franchise Proposal. Councilman Tyrell moved to continue to December 7, 1971, the review of franchise proposals for Commercial Antenna Television, to allow applicants an opportunity to amend their proposals and to permit time for evaluation of additional data now available, in order to include in the proposed franchise agreement the necessary conditions to best serve the public interest. Councilman Briggs seconded the motion which carried unanimously. 10. PLANNING COMMISSION REPORT: Meeting of September 23, 1971 - Re. Development of Rosemead Boulevard City Manager Koski advised that the Planning Commission had held an adjourned meeting to discuss the development of Rosemead Boulevard, and recommended a program of action as outlined in memorandum dated October 1, 1971, following which study for comprehensive redevelopment program of the area would be under- taken. Councilman Harker moved to receive the report as a policy guideline, and for continued study by the Planning Commission, seconded by Councilman Merritt and unanimously carried. Council Minutes, October 5, 1971 - Page 3 NEW BUSINESS: 11. RESOLUTION No. 71 -1136: Employment of Temporary Personnel. Councilman Tyrell moved to adopt Resolution No. 71 -1136 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL, seconded by Councilman Harker and unanimously carried. 12. RESOLUTION No. 71 -1137: WARRANTS & DEMANDS, Demand Nos. 4767 thru 4833, in the amount of $121,818.73 Councilman Merritt moved to adopt Resolution No. 71 -1137 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $121,818.73, DEMAND NOS. 4767 THRU 4833, seconded by Councilman Tyrell and unanimously carried. 13. COMMUNICATIONS: There were none. 14. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Mrs. H. Cameron, 9916 E. Garibaldi, reported that there are still noises which she felt were emanating from the street lights, which were disturbing to her, even though the Edison Company had relocated the feed points. Upon questioning, Mrs. Cameron stated that the noises seem to penetrate the house, that the noises go down when she goes outdoors. Council suggested that there must be some other cause, such as electric clock or refrigerator, and that perhaps the use of ear plugs to shut out ambient background noises would assist her in her problem. Because no one else can hear the noises, and there is no evidence as to the cause of the noises heard by Mrs. Cameron, she was advised that there was nothing further the City could do in regard to the matter. Because she was still not satisfied, Mrs. Cameron was advised that her next resource would be to contact the Public Utilities Commission if she felt there was a question in regard to the service provided by the Edison Company. Matthew English, Manager, Temple City Chamber of Commerce, advised that the Chamber's Quarterly Report would be available to the Council at their next regular meeting. 15. MATTERS FROM CITY OFFICIALS: A. SCAG TOMORROW. Councilman Harker outlined the proposed agency's organizational structure and philosophic principles, which were similar to the Urban Problems Committee Report of October 1970, but more carefully structured. Councilman Harker will attend the SCAG Fall Meeting as the City's official delegate on October 14, 1971, at which time this proposal will be discussed. City Attorney Martin was instructed to analyze the proposal and present basic information to the Council, particularly as to those functions of local government which would be extremely affected. B. AB 1057 - OPPOSE. Council concurred in opposing AB 1057 relating to organization, establishment and powers of the Conservation and Development Agency of the Bay Area, which if passed would set a pattern, posing a threat of regional governing board powers on all local governing agencies through- out the state. Council Minutes, October 5, 1971 - Page 4. C. ACCEPTANCE OF SANITARY SEWER - Private Contract No. 71 -4. City Manager Koski advised that a recommendation had been received from Harvey T. Brandt, County Engineer, acting as City Engineer, to approve sanitary sewer project constructed under Temple City Private Contract No. 71 -4, and accept for public use the sanitary sewer offered for dedication by Natter Manufacturing Corporation. Councilman Tyrell moved to approve, seconded by Councilman Briggs and unanimously carried. D. EMERGENCY EMPLOYMENT PROGRAM. City Manager Koski presented for Council consideration, a subagreement with the County of Los Angeles, approved as to form by the City Attorney, to accept Emergency Employment Act funding, pursuant to Public Law 92 -54. Councilman Tyrell moved to approve, and to authorize transmittal to the County for approval, seconded by Councilman Briggs and carried unanimously. E. Councilman Merritt advised that lack of proper burglar alarm system had again today been responsible for Sheriff's Depart- ment not being able to provide proper service, and urged local businessmen to take proper measures to insure their protection. F. Mayor Gilbertson advised that he would not be attending the annual Veteran's Day Parade, to be held in Long Beach on Saturday, October 23, 1971, G. Mayor Gilbertson provided a summary of items on the sessions he attended at the League of California Cities Annual Conference held in San Francisco, September 26 -29, 1971. H. Mayor Gilbertson proclaimed October 3 - 9, 1971, as National Drug Prevention Week. I. Mayor Gilbertson proclaimed October 17 -23, 1971, as National Business Women's Week, presenting the proclamation to Mrs. Lucille Bullard, Chief Deputy City Clerk, serving as the current president of the Temple City Business and Professional Women's Club. J. Staff was instructed to determine what has happened to the City of Rosemead's project for improving that city's portion of Temple City Boulevard. K. Council was advised that the condition of the car wash, located at the northeast corner of Rosemead and Olive, would be brought to the attention of the Planning Commission at their meeting of October 12, 1971. 16. ADJOURNMENT: Councilman Tyrell moved to adjourn to a Study Session with the Traffic Commission at 9:30 p.m. The motion was seconded by Councilman Harker and unanimously carried. 17. RECONVENE: Following the Study Session, Council reconvened to determine the following action: PEDESTRIAN- BICYCLE SAFETY EDUCATION AND ENFORCEMENT. Council formalized the study session discussion, accepting the report of the Project Director, dated June 30, 1971, including the procedures for vehicle code enforcement relating to pedestrian - bicycle violations. However, the use of patrol vehicles for supp- lementing the special deputy, provided by funds for the 2 -year pilot project, would be minimal. Other Sheriff personnel assigned 1 1 Council Minutes, October 5, 1971 - Page 5 to the City, as part of the enforcement program, will be familiarized with the program, and may supplement the enforce- ment on a: time available basis. The participation will consist primarily of overall cooperation and general awareness of the greater need to change the attitudes, both of youth and adults, when operating bicycles or crossing streets within the City. It was the general consensus that both youth and adults are familiar with the California Vehicle Code relating to bicycle and pedestrian regulations, and due to a prior laxity in law enforcement, we now have excessive number of violations occurring daily. Due to the efforts of the 2 -year pedestrian bicycle safety education program, funded by the Office of Traffic Safety, National Highway Safety Bureau, we now have the opportunity, following a year of educational programs, to initiate a realistic enforcement program. 18. ADJOURNMENT: Councilman Tyrell moved to adjourn at 10:45 p.m., seconded by Councilman Harker and unanimously carried. Next regular meeting of the Council will be held on Tuesday, October 19, 1971, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: