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HomeMy Public PortalAboutCity Council_Minutes_1972-04-18_Regular 1972CITY OF TEMPLE CITY COUNCIL MINUTES APRIL 18, 1972 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 Councilman Harker. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: PRESENT: Councilmen - Briggs, Harker, Merritt, Tyrell, Gilbertson ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Engineering Assistant Linares, Traffic Engineer Envall, Administrative Assistant Biel, Councilman -Elect Dennis. 5 APPROVAL OF MINUTES: Councilman Harker noted that the second to a motion in the last paragraph, Item 6, of the minutes of the regular meeting of April 4, 1972, was credited to him, however that he was not present at the meeting. A review of the record indicated that Councilman Tyrell made the second to this motion. Councilman Briggs moved to approve the minutes as corrected, seconded by Councilman Tyrell, the motion carried, with Councilman Harker abstaining. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Appeal from Planning Commission Decision Re. Conditional Use Permit No. 72 -365 - Building and Establishing a Restaurant, 6400 Block, N. Rosemead (Wong). For the record, it was noted that this item was being taken prior to the reorganization of the Council, since William Dennis who was to be seated this evening as newly elected Councilman had been a member of the Planning Commission at the time this matter was before that body, and that he would therefore not be eligible to vote on the matter. City Manager Koski presented background information, advising that the Planning Commission had denied the request of the applicant to build and operate a restaurant on the vacant parcel, 6400 block, N. Rosemead Boulevard for two reasons, 1) that the site was not adequate in size and shape for the proposed use, and 2) that the proposed use would create a dangerous traffic flow related to heavily travelled Rosemead Boulevard. He advised that the applicant had appealed the decision of the Planning Commission within the required period of time and that due notice had been sent for Public Hearing on the matter. Mayor Gilbertson declared the public hearing open. Planning Director Dragicevich presented staff report advising that the original plan proposed a restaurant serving food and alcoholic beverages, with an indoor seating capacity with less than 150 places and located within .200 ft. of residential zones. He presented plot plan marked Exhibit "A" which had been presented to the Planning Commission on March 14, 1972, and as a result of that meeting certain changes were suggested which were then pre - sented to the Planning Commission on March 28, 1972,.as Revised Exhibit "A ", however that the Planning Commission had not felt the new proposal was an improvement and had adopted Resolution No. 72- 449PC, denying the conditional use permit. Council Minutes, April 18, 1972 - Page 2 The Planning Director advised further that the applicant was agreeable to meeting the conditions of the staff recommendations, however that item 4 which required the placement of a steel utility pole in place of the existing pole and.; item :8 ,which Provided for a closing hour of 10 p.m. would present a hardship. He advised that the staff recommendation was that the original presentation was the better of the two plans, and that it was further recommended that the drive -in entrance in the center portion of the proposal be eliminated, leaving but two entrance - exits, if the permit were granted, and that staff recommendations relative to granting be imposed on the applicant, with the possible exceptions of items 4 and 8 as described. Mayor Gilbertson invited those present who wished to speak on the matter to come forward. Mrs. Angela Wong, 1390 Coronet Avenue, Pasadena, spoke in behalf of the application, stating that it was agreeable to delete the entrance which would have served for drive-in customers, and that all staff conditions would be met, however that items 4 and 8 would impose hardship. Arthur Oliver, 6401 N. Sultana, Temple City, inquired as to the availability of water to the location. It was noted that the Sunnyslope Water Company has underlying easements in the area, and that additional well is presently being drilled to serve the area. No one else came forward to apeak for or against the matter. Councilman Harker moved to include all Planning Commission testimony and records as a part of this hearing, seconded by Councilman Merritt and unanimously carried. Councilman Briggs moved to close the public hearing, seconded by Councilman Tyrell and unanimously carried. Councilman Tyrell moved to grant the appeal, subject to staff conditions with the exceptions of items 4 and 8 as described and to instruct the City Attorney to prepare the appropriate resolution, seconded by Councilman Merritt and unanimously carried. CANVASS OF MUNICIPAL ELECTION: City Clerk Koski presented Certificate of Canvass of the Municipal Election held April 11, 1972 (Exhibit "A ") which showed incumbent Tyrell as re- elected for a seat on the Council, and William I. Dennis, as elected for the second seat. He read the title to Resolution No. 72 -1193, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF TEMPLE CITY ON THE 11TH DAY OF APRIL, 1972, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Councilman Briggs moved to adopt Resolution No. 72 -1193, seconded by Councilman Merritt and unanimously carried. Prior to proceeding with the seating of the new Council, Mayor Gilbertson presented a plaque to Councilman Harker in recognition of his service on the Council for the past 8 years. Councilman Harker expressed his appreciation for the opportunity of serving his community. The resignation of William I. Dennis from the Planning Commission, effective at 7:30 p.m. April 18, 1972, was received by Mayor Gilbertson and accepted in behalf of the Council. Council Minutes, April 18, 1972 - Page 4 SEATING OF CITY COUNCIL: City Clerk Koski presented Certificates of Election to William I. Dennis and Jack R. Tyrell. Mayor Gilbertson administered the Oath of Office to the newly elected Councilmen. Councilmen Dennis and Tyrell expressed appreciation in being elected to serve as Councilmen for the coming four years, and their willingness to serve the community inrthis manner.:' Mayor Gilbertson expressed appreciation to his fellow Councilmen, the staff, the community and Mrs. Gilbertson for the fine support that had been given him during his term as Mayor. He presented a bouquet of roses to Mrs. Gilbertson as a token of appreciation for the assistance and support she had given to him so that he was able to serve more effectively. REORGANIZATION: At this time the City Clerk assumed the Chair and opened nomin- ations for the office of Mayor for the coming year. Councilman Tyrell nominated Councilman Briggs for the office of Mayor, seconded by Councilman Gilbertson. Councilman Merritt moved that nominations be closed, seconded by Councilman Gilbertson and unanimously carried. Councilman Tyrell moved that a unanimous ballot be cast for Kenneth Briggs for the office of Mayor, seconded by Councilman Merritt and unanimously carried. Mayor Briggs accepted the gavel, and as a first duty in office, presented a plaque to outgoing Mayor Gilbertson on behalf of the Council in appreciation of the leadership he had provided for the past year. Mayor Briggs called for nominations for the office of Mayor Pro Tem. Councilman Gilbertson nominated Councilman Tyrell for the office of Mayor Pro Tem, seconded by Councilman Merritt. Councilman Merritt moved that nominations be closed and that a unanimous ballot be cast for Councilman Tyrell. The motion was seconded by Councilman Gilbertson and unanimously carried. APPOINTMENTS: Mayor Briggs made the following committee appointments, following which it was moved by Councilman Tyrell, seconded by Councilman Gilbertson and unanimously carried that the appointments be con- firmed: California Contract Cities L. A. County Library Board L. A. County Sanitation District League of California Cities Jack R. Tyrell William I. Dennis, Alt. Louis W. Merritt Kenneth C. Briggs, Mayor Louis M. Merritt, Alt. Louis T. Gilbertson Kenneth C. Briggs, Alt. Council Minutes, April 18, 1972 - Page 5 So. California Association of Governments So. California Rapid Transit District and City Selection Committee Upper San Gabriel Valley Water District Kenneth.C... .Briggs Louis Gilbertson, Alt. William I. Dennis Louis W. Merritt, Alt. Louis W. Merritt Business Development Committee Finance Committee Freeway Study Committee Public Safety (Civil Defense Law Enforcement & Emergency Reserve) Sister City Committee. OTHER UNFINISHED BUSINESS: Kenneth C. Briggs Louis T. Gilbertson Louis T. Gilbertson William I. Dennis Jack R. Tyrell Louis T. Gilbertson William I. Dennis 7. ORDINANCE No. 72 -345: 2nd read. Re. Amendment to Temple City Municipal Code Relating to Franchises for Community Antenna Television Services. City Attorney Martin presented Ordinance No. 72 -345 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 8 OF ARTICLE VI OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and unanimously carried. ORDINANCE No. 72 -346: 2nd read. Re. Amendment to Los Angeles County Fire Code - Regulation of New Construction re. Fire Flow. City Attorney Martin presented Ordinance No. 72 -346 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING ORDINANCE NO. 69 -291, DELETING SECTION 13.30(c) OF LOS ANGELES COUNTY FIRE CODE, AND ADDING NEW SECTION 3100.4 TO THE TEMPLE CITY MUNICIPAL CODE. Councilman Merritt moved to waive furthers reading &:adopt, seconded by Councilman Tyrell and unanimously carried. Council Minutes, April 18, 1972 - Page 6 NEW BUSINESS: 9. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of April 5, 1972 A. Restricted Streets - Re. Overnight Parking Permits. Council received recommendation from the Traffic Commission to amend the overnight parking ordinance for parking due to improved street lighting and adequate curbs to permit on- street parking overnight. It was moved by Councilman Merritt, seconded by Councilman Gilbertson and carried unanimously to delete Broadway from Golden West to Baldwin Avenue as a restricted street and to restrict certain sections of the following streets: a) Live Oak Avenue, Baldwin Avenue to East City Limits; b) Encinita Avenue, Las Tunas Drive to Broadway; and c) Longden Avenue, Oak Avenue to West City Limits. B. Olema Street, Easterly of Oak - Review of Traffic Regulations Council received recommendation from Traffic Commission stating no restrictions were warranted at the present time on Olema Street, easterly of Oak Avenue. It was moved by Councilman Gilbertson, seconded by Councilman Tyrell and carried unanimously to receive and file recommendation. C. Lower Azusa Rd., Arden Drive to El Monte Avenue, Request for additional regulations. Council received recommendation from Traffic Commission regarding placing additional regulations on Lower Azusa Road, Arden Drive to El Monte Ave., It was moved by Councilman Gilbertson, seconded by Councilman Tyrell and carried unanimously to: 1) replace three "No Parking Anytime" signs, with posts, on the north side of Lower Azusa Rd. between Halifax Road and Hallowell Ave.; 2) repaint existing striping and pavement markings on Lower Azusa Rd., between Arden Drive and El Monte Ave., and 3) that the City communicate with the City of El Monte, City Council, on behalf of the Midway Shopping Center merchants, with regard to the temporary installation of a portable traffic signal at the intersection of El Monte Avenue and Lower Azusa Rd. D. East -West Alley, South of Las Tunas Drive at Golden West Avenue, Request for additional regulations. Council received the recommendation of the Traffic Commission regarding placement of a "one -way" sign in the alley south of Las Tunas Drive, west of Golden West Avenue., at the point indicated in memorandum of April 11, 1972; and placement of a three -unit horizontal reflector marker at the terminus of the east -west alley adjacent to privately owned planters. It was so moved by Councilman Tyrell, seconded by Councilman Merritt and carried unanimously. 10. RESOLUTION NO. 72 -1194: WARRANTS & DEMANDS, DEMAND NOS. 5671 thru 5809 IN THE AMOUNT OF $21,063.95. Councilman Tyrell moved to adopt Resolution No. 72 -1194 entitled A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $21,063.95 DEMAND NOS. 5671 THRU 5809, seconded by Councilman Gilbertson and unanimously carried. Council Minutes, April 18, 1972 - Page 7 11. COMMUNICATIONS: A. City of Monrovia - Urging Support of Effort to Amend Los Angeles County Charter. City Manager Koski presented a request from the City of Monrovia seeking support and stressing the need for cities to convey to the Board of Supervisors the need to amend the Los Angeles County Charter by deleting Article 10, Labor Section 47, relating to the necessity of paying prevailing wages. City Attorney Martin read title to proposed Resolution No. 72 -1195 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO PLACE PROPOSED CHARTER AMENDMENT ON THE NEXT BALLOT, SEEKING TO REPEAL ARTICLE 10, LABOR SECTION 47 OF THE CHARTER. Councilman Gilbertson moved to adopt, seconded by Councilman Tyrell and unanimously carried. B. Los Angeles Times Editorial re. Proposition 9 (Clean Environment Act) Councilman Gilbertson reported on an editorial in the Los Angeles Times, which brought out undesirable aspects of the so- called "Clean Environment Act" which would appear on the June primary ballot as Proposition 9. He concurred that the measure would have little effect upon California's major environmental problems, air and water pollution, and would restrict industrial activity and appeared to be an extreme measure. The City Attorney was instructed to draw a resolution opposing the matter for consideration by the Council at their next regular meeting. C. Antique Clock Bazaar, 5850 Cloverly - Request to Relocate Business in the C -1 zone. City Manager Koski presented a request from Bob Bezaire, owner of the Antique Clock Bazaar, 5850 Cloverly Avenue, to relocate his business, presently in C -1 zone to 9554 Las Tunas Drive, also in the C -1 zone. The matter was referred to the Planning Commission for recommendation. D. Damage Claim - Maggie Stevens, 9741 Woolley Street. Council received a claim for damages from Maggie Stevens, 9741 Woolley Street, for damage to 1968 Buick caused by a falling tree limb from a parkway tree near the intersection of Woodruff Avenue and Kauffman Avenue. Councilman Tyrell moved to deny the claim and refer to the City's insurance carrier, together with estimates furnished. The motion was seconded by Councilman Gilbertson and unanimously carried. 12. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK; No one came forward. 13. MATTERS FROM CITY OFFICIALS: A. Handbill Ordinance- Dissemination of Throw -Aways City Attorney Martin advised that the recent U.S. Supreme Court decision (April 4, 1972), invalidated the present Temple City Code relating to the dissemination of throw -aways on the basis that requiring prior consent for throw -aways is an unreasonable abridgement of the First Amendment guarantees in the form of prior restraint; and that such refusal cannot be implied. He presented a proposed and alternate proposed ordinance for consideration by the Council, one to required the property owner to post his premises to indicate his desire to refuse throw- aways, and the other to provide for a "non - solicitation list" to be maintained in the office of the City Clerk. Council Minutes, April 18, 1972 - Page 8 Council concurred that it was not reasonable to request property owners to post properties to refuse throw - aways, and considered that adoption of alternate proposal as an urgency ordinance would be appropriate. City Attorney Martin presented Ordinance No. 72 -347 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTION 4268 -4273 OF THE TEMPLE CITY MUNICIPAL CODE AND ADOPTING NEW SECTION 4268- 4268.6 IN PLACE THEREOF RELATING TO THE DISTRIBUTION OF ADVERTISING MATERIAL AND DECLARING THIS ORDINANCE TO BE AN URGENCY ORDINANCE. Councilman Tyrell moved to adopt as an urgency ordinance on the basis that we are about to be imposed upon since the determination that the prior ordinance was no longer valid, and as of the moment we have no ordinance and we are possibly a testing field, which justified an urgency ordinance 8t this time, to be ratified by a second reading and adoption at the next meeting of the City Council. Councilman Merritt seconded the motion which carried unanimously. B. Control of operation of fireworks stands. Councilman Tyrell advised that a request from the Jaycees to consider an operational statement of revenue and expenses for organizations permitted to sell fireworks as a requirement for obtaining a permit had been discussed by the City Council in a study session, that this may be an unnecessary burden to place on local organizations and that some other means of control may be more suitable. Following discussion, City Attorney Martin was instructed to draw an ordinance restricting the operation of such fireworks stands to members of local organizations and /or their families. C. California Contract Cities Seminar Authorization for Attendance. Councilman Merritt moved that Councilman Gilbertson and Tyrell be authorized to attend the California Contract Cities Seminar to be held April 27 -30, 1972, in San Diego, with registration and attendant expenses paid, seconded by Councilman Dennis and unanimously carried. D. Rosemead Boulevard Development. Councilman Tyrell reported on a letter received from Bill Walker, Walker,Animal Hospital, 5565 N. Rosemead Boulevard, in which he outlined some of the problems that would be encountered in relocating businesses presently in the area of the Rosemead Boulevard Redevelopment Project. Council concurred that every effort should be made to assist those who may need to relocate. E. Councilman Gilbertson advised that the hearing on SB 262 relating to the formation of new counties held in Sacramento before the Committee on Local Government, had passed by 5 to 1 vote by that agency, and would now be returned to the floor of the Senate. F. Councilman Gilbertson distributed communications from William Johnson, Supervisor in El Dorado County, and Warren Sisson, Oakland Attorney, dealing with regionalism and power of taxation of local agencies. G. Councilman Gilbertson reported on items presented by Congressman Roussellot at a recent breakfast meeting with the Council. Council Minutes, April 18, 1972 - Page 9 H. Mayor Briggs advised that the City Council held study session the previous evening and considered the appointment of Ralph Beckman to the Planning Commission to fill the unexpired term of William Dennis, which vacancy was caused by Mr. Dennis' election to the City Council. it was the consensus of the Council that the Mayor appoint Mr. Beckman to the Planning Commission, pending his acceptance as being . willing to serve, and the subsequent ratification by the Council at their next meeting. 14. ADJOURNMENT: Councilman Tyrell moved to adjourn at 9:30 p.m. seconded by Councilman Dennis and unanimously carried. Next regular meeting of the City Council to be held on Tuesday, May 2, 1972, at 7 :30 p.m. in the Council Chambers of the City Hall, 5938 N. Kauffman Avenue, Temple City. ATTEST: _2,72/ // hJf Deputy City Clerk