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/
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hJf Deputy City Clerk