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HomeMy Public PortalAboutCity Council_Minutes_1971-12-21_Regular 1971CITY OF TEMPLE CITY COUNCIL MINUTES DECEMBER 21, 1971 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by the Reverend Edwin Linberg, Pastor, Temple City Christian Church, 9723 Garibaldi Ave., Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson 4. ROLL CALL: PRESENT: ASSENT: ALSO PRESENT: Councilmen- Briggs, Harker, Merritt, Tyrell, Gilbertson Councilmen -None City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Civil Engineering Assistant Linares 5. APPROVAL OF MINUTES: Councilman Briggs moved to approve the minutes of the regular meeting of December 7, 1971, as written, seconded by Councilman Harker and unanimously carried. Mayor Gilbertson welcomed Robert D. Ross, newly appointed Parking Commissioner to the City family, and administered the Oath of Office. UNFINISHED BUSINESS: 6. RESOLUTION NO. 71 -1157: Confirming Planning Commission Decision Denying Conditional Use Permit No. 71 -347PC (Humble Oil) City Attorney Martin presented Resolution No. 71-1157 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING A CONDITIONAL USE PERMIT IN ONE CONDITIONAL USE PERMIT CASE NO. 71 -347 AND AFFIRMING RESOLUTION NO. 71 -427PC OF THE PLANNING COMMISSION. Councilman Tyrell moved to adopt, seconded by Councilman Briggs and unanimously carried. 7. RESOLUTION NO. 71 -1158: Vacation of Street - Glickman Avenue, Bogue to Daines City Attorney Martin presented Resolution. No. 71 -1158 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING GLICKMAN AVENUE BETWEEN BOGUE STREET AND DAINES DRIVE *IN•SAID CITY. Councilman Harker moved to adopt, seconded by Councilman Merritt and unanimously carried. 8. ABATEMENT OF PUBLIC NUISANCE: 9860 E. Val Street. Review of Planning Commission Resolution No. 71- 441PC. City Attorney Martin advised that at the regular meeting of the Planning Commission held on November 23, 1971, Resolution No. 71 -441PC was adopted determining the existence of a public nuisance at 9860 E. Val Street, Temple City, and included recommendations for abatement. He advised that the appeal period had now expired, and that Resolution No. 71 -1159 had been prepared for Council consideration. Councilman Tyrell moved to adopt Resolution. No. 71 -1159 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING THE ACTION OF THE PLANNING COMMISSION IN ABATING A PUBLIC NUISANCE, seconded by Councilman Briggs and unanimously carried. ORDINANCE NO. 71 -339: 2nd read. Re. Antique and Second Hand Stores. City Attorney Martin presented Ordinance No. 71 -339 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9390 (57), 9400 (57) and 6500 (v) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO ANTIQUE AND SECOND HAND STORES. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Harker and unanimously carried. Counciln- Minutes, December 21, 1971 - Page 2 10. ORDINANCE NO. 71 -341: 1st read. Re. Zone Change from R-3 to C -2, 6404 -6 -12 Rosemead Boulevard (Hinckley, Ragsdale and Lovell). City Attorney presented Ordinance No. 71 -341 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY CORRECTING THE ZONING MAP OF THE CITY OF TEMPLE CITY BY REZONING CERTAIN PROPERTIES for introduction and first reading. Councilman Briggs moved to waive further reading, seconded by Councilman Tyrell and unanimously carried. 11. PLANNING COMMISSION RECOMMENDATION - Meeting of December h:4, 1971. AMENDMENT TO MUNICIPAL CODE: Re. Undergrounding of Utilities. City Manager Koski advised that the Planning Commission had adopted Resolution No. 71 -442PC recommending an amendment to the Temple City Municipal Code relating to undergrounding of utilities. Councilman Tyrell moved to set Public Hearing for Tuesday, January 16, 1972, at 7:30 p.m. in the Council Chambers of the City Hall, seconded by Councilmen Briggs and unanimously carried. 12. RECOMMENDATION FROM ENVIRONMENTAL STUDIES COMMITTEE - Meeting ofi December 16, 1971. Re. Posting of Phosphate Content in Detergents. City Manager Koski advised that the Environmental Studies Committee had considered the request of Gardner McFarland relative to rescinding the present ordinance requiring posting of phosphate content of detergents, however that the Committee recommended no change inasmuch as the sale of such detergents is not prohibited. Councilman Tyrell moved to receive and file the report, seconded by Councilman Briggs and unanimously carried. 13. ACCEPTANCE OF WORK — STREET IMPROVEMENTS: El Monte Avenue - Live Oak to Lower Azusa Road (Cash Contract 4767X) City Manager Koski advised that the street improvements for El Monte Avenue, Live Oak to Lower Azusa Road (Cash Contract 4767X), had now been satisfactorily completed and that a letter had been received from the County Road Department recommending acceptance of the work. Following discussion as to whether there was a warranty in the contract to guarantee the product Councilman Tyrell moved to; a) accept the project, b) to authorize the filing of Notice of Completion and to make necessary progress payment, and C),that the 10% retention be retained until released by the City Council. The motion was seconded by Councilman Merritt and unanimously carried. 14. ACCEPTANCE OF BID - STREET IMPROVEMENTS: Curb, gutter and driveway approaches pursuant to Chapter 27 of the Streets and Highways Code (Cash Contract 4767X). A. SULTANA AVENUE - Between Broadway and Las Tunas Drive. B. VAL STREET - from Golden, West to 450' westerly. City Manager Koski advised that sealed bids for street improvements Sultana Avenue, et al, had been opened on December 15, 1971, and that a recommendation had been received from the County Road Department to award the contract to the low bidder, 0. J. Padilla Paving Company, in the amount of $21,526.53. He advised that work was proposed to commence approximately January 10, 1972, with completion date scheduled for February 4, 1972. Councilman Merritt moved to accept the low bid of 0. J. Padilla Paving Co., Sun Valley, in the amount of $21,526.53, and to authorize the Mayor and the City Clerk to sign the agreements, seconded by Councilman Tyrell and unanimously carried. Council Minutes, December 21, 1971 - Page 3 15. ACCEPTANCE OF SANITARY SEWERS - TRACT NO. 29535 (La Rosa Drive, west of Baldwin) Private Contract No. 71 -5 City Manager Koski advised that the City Engineer had submitted a recommendation under date of December 10, 1971, a) to approve work completed in construction of sanitary sewers for Tract No. 29535, b) to accept for public use, and c) to authorize release of an appropriate portion of funds submitted as a guarantee of construction. Councilman Tyrell moved to approve the recommendation as outlined in the City Engineer's letter of December 10, 1971, seconded by Councilman Briggs and unanimously carried. 16. REQUEST FOR WAIVER OF BUILDING CODE: Re. Vacant Lot Between 9621 and 9627 E. Las Tunas Drive. City Manager Koski advised that the applicant, Carl Ludlow, had applied for a building permit to develop a vacant lot located between 9621 and 9627 E. Las Tunas Drive, and was asking for the City's approval for a waiver of the building provision for a one -hour fire wall between the subject lot and contiguous lot to the west, which requirement would not be necessary if the two lots were under one ownership. The applicant advised that the properties in question would be under one ownership in the near future, but that this was not the case at the present time. An agreement signed by the applicant gives :the City authority to remove the deficient construction if ownership is not consolidated within 18 months, or in the event such consolidation is dissolved. Councilman Tyrell spoke against the proposal, in that it would not be feasible to remove such construction once it was permitted and sought consolidation of the property prior to such construction. Councilman Briggs was concerned that this would be granting a personal favor, not enjoyed by others. City Attorney Martin stated that if the Council were to approve the agreement, they might wish to have the agreement recorded and advised that if it is to be recorded, the document should be redrawn 'in a form suitable for recordation and notarized. Following discussion, Councilman Harker moved to .approve the request, subject to recordation of the notarized agreement, seconded by Councilman Merritt and carried by the following roll call vote: AYES: Councilmen - Harker, Merritt, Gilbertson, NOES: Councilmen- Briggs, Tyrell. 17. WARRANTS & DEMANDS: RESOLUTION NO. 71 -1160: Demand Nos. 5116 thru 5151, in the amount of $86,490.68. Councilman Merritt moved to adopt Resolution No. 71 -1160 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $86,490.68, DEMAND NOS. 5116 THRU 5151. The motion was seconded by Councilman Harker and unanimously carried. 18. COMMUNICATIONS: A. City Manager Koski presented a communication from the Temple City Kiwanis Club to conduct "Line of Dimes" solicitation on January 21, 1972, from 11:30 a.m. to 5:00 p.m., on Las Tunas Drive, east and west of Temple City Boulevard, for which barricades and safety cones were requested for protection of workers; and "Mothers' March" to be held the evening of February 3, 1972, between 6 and 8:30 p.m. Councilman Briggs moved to approve the request as outlined in communication dated December 10, 1971, subject to the City being named additionally insured. The motion was seconded by Councilman Harker and unanimously carried. Staff was instructed to contact the Sheriff's office to alert -them for any necessary assistance that may be provided in connection with the "Mothers March" on February 3, 1972. B. City Manager Koski presented a request from the Public Welfare Commission, outlining a proposed standard form to be submitted by established national organizations to cities for "Solicitation Information," which would assist welfare agencies in conducting charitable fund drives by providing uniformity in completing applications. Councilman Briggs moved to approve the use of the form, seconded by Councilman Merritt and unanimously carried.' Council Minutes, December 21, 1971 - Page 4 19. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Mrs. Valentin Brinko, 8922 Wedgewood, inquired as to project plans for the area south of Wedgewood in the vicinity of Rosemead Boulevard, which was outlined by the City Attorney. 20. MATTERS FROM CITY OFFICIALS: A. Councilman Merritt inquired as to the progress of the undergrounding between Kauffman and Golden West. He was advised that it will be completed within the next two weeks. B. Mayor Gilbertson reported on the City Seminar to be held at Kellogg West, Cal Poly Campus, on January 22 -23, 1972, and provided an outline to the Council. Mayor Gilbertson requested assistance of the Councilmen as group leaders. Councilman Harker, Merritt and Tyrell asvised that they plan to attend and will assist. Councilman Briggs stated that he tentatively plans to attend, and will know for sure within the next few days. C. City Manager Koski presented a request for City assistance in hosting a football banquet for the Temple City Rams who were again champions in C.I.F. competition. It was noted that the banquet was scheduled for January 4, 1972, which was in conflict with a City Council meeting, however it was the consensus that Mayor Gilbertson should attend to represent the City. Councilman Briggs moved that City pay for the dinners for the football players, the coaches and their wives, and Mayor Gilbertson and his wife, seconded by Councilman Merritt and unanimously carried. D. City Manager Koski reported on the Intra City Bus Transportation Study that had been submitted to the Council on Friday, December 17, 1971, for review, E. City Manager Koski advised that two television studios have invited the Council to visit their facilities, and that if the Council is interested, the reservations should be scheduled to take the tours. F. EMPLOYMENT OF PERSONNEL: 1.) Councilman Tyrell moved to adopt Resolution No. 71 -1161 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL, seconded by Councilman Briggs and unanimously carried. 2) Councilman Merritt moved to adopt Resolution No. 71 -1162 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL UNDER EMERGENCY EMPLOYMENT ACT OF 1971, seconded by Councilman Briggs and unanimously carried. G. YOUTH COMMISSION RECOMMENDATION - Meeting of December 20, 1971: A request to the City Council for assistance in fund drive for band uniforms for Temple City High School was taken under advisement. 21. ADJOURNMENT: Councilman Briggs moved to adjourn at 8:30 p.m., seconded by Councilman Merritt and unanimously carried. The next regular meeting of the City Council will be held on Tuesday, January 4, 1972, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: C)iief Deputy i- y Clerk