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HomeMy Public PortalAboutCity Council_Minutes_1972-05-16_Regular 1972CITY OF TEMPLE CITY COUNCIL MINUTES MAY 16, 1972 INITIATION: 1. Mayor Briggs called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by the Reverend Father George Breslin, St. Luke's Catholic Church, 9451 E. Broadway, Temple City. The Pledge of Allegiance to the Flag was led by Mayor Briggs.. 4. ROLL CALL: PRESENT: Councilmen- Dennis, Gilbertson, Merritt, Tyrell, Briggs ABSENT: Councilmen -None ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Civil Engineering Assistant Linares, Administrative Assistant Biel; and representatives from the County Engineer and Building Department, John Edwards and Edwin Biddlecomb 5. APPROVAL OF MINUTES: Councilman Gilbertson moved to approve the minutes of the meeting of May 2, 1972, as mailed, seconded by Councilman Dennis and unanimously carried. Mayor Briggs called on David Steinmeier, President of the Temple City Sister City Organization, to show and describe plaques that will be presented by that organization to the Sister City, Magdalena de Kino. Mr. Steinmeier also urged that a representative of the Council accompany the members on their trip to Magdalena during the weekend of May 27 -29, 1972, to provide official status to the delegation. Councilman Dennis plans to attend if possible. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Municipal Code Re. Requirement for Conditional Use Permit for Certain Discontinued Uses. City Manager Koski provided background information, advising that revision of termination of nonconforming . uses was prompted primarily by pre-existing service station and drive -in businesses located in the community, which occasionally have remained unoccupied for six months or more; and that it had been recommended by Planning Commission Resolution No. 72 -452PC to amend the Municipal Code in this regard, and for which hearing had been set. Mayor Briggs declared the public hearing open and invited those present who wished to speak for or against the matter to come forward. No one came forward. Councilman Gilbertson moved to close the public hearing, seconded by Councilman Tyrell and unanimously carried. Councilman Tyrell moved to approve the Planning Commission recommendation and to instruct the City Attorney to prepare appropriate ordinance, seconded by Councilman Gilbertson and carried. 7. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Municipal Code re. R -2 Density Standards. City Manager Koski provided background information, advising that the present ordinance permits two dwelling units in R -2 zoned lots, but that there are many parcels in the City zoned R -2 which are in excess of 10,000 sq. ft. and developed-basically with single- family or two- family residential structures. Council Minutes, May 16, 1972 - Page 2 He advised that the Planning Commission had passed Resolution No. 72 -453PC recommending certain revisions as set forth in memorandum dated May 11, 1972, and that public hearing had been duly noticed. Mayor Briggs declared the Public Hearing open and invited those present who wished to speak for or against the matter to come forward. No one came forward. Councilman Tyrell moved to close the public hearing, seconded by Councilman Merritt and unanimously carried. Councilman Merritt moved to instruct the City Attorney to prepare appropriate ordinance for consideration by the Council, seconded by Councilman Dennis. In discussion, Council expressed concern as to the proposed lot width of 50' rather than 60', and also with the increased density based on one unit for 3,600 square feet. It was suggested that it may be advisable to have some method by which it would be required to consolidate narrower lots into larger parcels to facilitate a better development plan. Following discussion, Councilman Gilbertson moved to table the matter, seconded by Councilman Tyrell and unanimously carried. PUBLIC HEARING: 7:30 p.m. Re. STREET IMPROVEMENTS (Curb, gutter and drive approaches, pursuant to Chapter 27 proceedings, Streets and Highways Code) FREER STREET - north side, McCulloch to "elland, Welland to Farago Farago to Santa Anita, and south side, Farago to Santa Anita Ave. ;City. Mgr.Koski provided background information, advising that public hearing had been set and duly noticed pursuant to Chapter 27 of Streets and Highways Code, and presented estimated costs of the proposed pro- ject, all as set forth in memorandum dated May 12, 1972. Mayor Briggs declared the Public Hearing open and invited those present who wished to speak for or against the project to come forward, inviting those first to speak who were interested in the section from McCulloch to 'elland, north side. Mrs. Marcia Dennis, 5310 Welland, Paul Arellanes, 5312 Welland, Jack Oschman, 10$43 Freer, and Peter Zitzka, 10912 Freer, spoke in behalf of the project, reporting on poor health conditions due to standing water as well as safety hazard from this condition. Mr. Zitzka inquired as to installation of a cross gutter at the inter- section of Freer and Farago so that a drainage problem caused by-a previous street improvement on Farago would now be corrected. He was advised that this would be taken care of. A letter from Mrs. Bonnie Bassett, 10904 E. Freer, also in favor of the project, was received by the Council. No one else came forward to speak on any portion of the project. Councilman Tyrell moved to close the public hearing, seconded by Councilman Gilbertson and unanimously carried. Councilman Tyrell moved to find the work in the public interest and to instruct the Superintendent of Streets to cause the work to be done, monies for which to be included in the 1972 -73 budget. The motion was seconded by Councilman Merritt and carried unanimously. An additional inquiry regarding this project was made by John Orsi, 10919 Freer, later in the meeting, as to whether sidewalks were included in this improvement. He was advised that sidewalks proposed on the south side of the street, adjacent to the curb, were to be included as part of the master plan of sidewalk construction, and would be without cost to the property owners. Estimated costs of driveway construction were also discussed, which would be the property owners' option to do themselves within 60 days, or include in the project at property owners' expense. Council Minutes, May 16, 1972 - Page 3 9. ORDINANCE NO. 72 -348: 2nd read, Re. Distribution of Advertising Material. City Attorney Martin presented Ordinance No. 72 -348 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTIONS 4268 -4273 OF THE TEMPLE CITY MUNICIPAL CODE AND ADOPTING NEW SECTIONS 4268- 4268,6 IN PLACE THEREOF RELATING TO THE DISTRIBUTION OF ADVERTISING MATERIAL, for second reading.. Council- man Merritt moved to waive further reading and adopt, seconded by Councilman Tyrell and unanimously carried. 10. ORDINANCE No, 72 -349: 2nd read. Re. Operation of Fireworks Stands, City Attorney Martin presented Ordinance No, 72 -349 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 3117(a) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO FIREWORKS STANDS, for second reading. Councilman Tyrell moved to waive further reading and adopt, seconded by Councilman Merritt and unanimously carried. 11. ORDINANCE No. 72 -350: .2nd read. Re, Adoption of Redevelopment Plan for Rosemead Boulevard Redevelopment Project. City Attorney Martin presented Ordinance No. 72 -350 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT. Councilman Gilbertson moved to waive further reading and adopt, seconded by Councilman Merritt and unanimously carried. 12a. ORDINANCE No. 72 -351: Re Sewer Connecti 'on.(UrgencyOrdinance) -City Attorney - Martin advised that Ordinance No..72 -351 had been :prepared in accordance .with Council instruction, and was presented for first reading, however that Council may wish to follow one:o -f -tree alternatives of procedure, namely: 1) place on first reading and sometime later give second reading, 2.) to make declaration that the revenues to be received are . necessary for the routine operation of the City, in which case it.would be placed on first reading, with second reading scheduled for the next meeting of the Council, and :3) that due to overcapacity -an urgency exists requiring that it be adopted as an urgency ordinance this evening. In staff opinion, Mr. Koski advised that an urgency did exist and that the County Engineer.was in the process of submitting ,a written report verifying .such urgency. City Attorney Martin then presented Ordinance No. 72 -351 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY TO PROVIDE FOR THE 'RECONSTRUCTION OF THE SYSTEM OF PUBLIC SEWERS IN SAID CITY AND TO ESTABLISH CHARGES FOR SEWERAGE SERVICES AND FACILITIES PROVIDED THEREFOR, THIS ORDINANCE TO BE AN URGENCY ORDINANCE. Councilman Merritt moved to waive further reading and adopt as an urgency ordinance due to potential health hazard due to overcapacity now existing in therseer'system.:., seconded .by Councilman Tyrell and unanimously carried. 12b. ORDINANCE No. 72 -355: 1st read. Re. Sewer Connection City Attorney Martin advised that the Council consider the adoption of a permanent ordinance to provide for the reconstruction of sewer system and to establish charges in accordance with urgency ordinance previously adopted. He then presented Ordinance No. 72 -355 to replace Urgency Ordinance No, 72 -351, entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY TO PROVIDE FOR THE RECONSTRUCTION OF THE SYSTEM OF PUBLIC SEWERS IN SAID CITY AND TO ESTABLISH CHARGES FOR SEWERAGE SERVICES AND FACILITIES PRO - VIDED THEREFOR, for first reading. Councilman Tyrell moved to waive further reading, seconded by Councilman Merritt and unan- imously carried, Council Minutes, May 16, 1972 - Page 4 13. NEW EDITION OF LOS ANGELES COUNTY UNIFORM BUILDING CODE. A.. 'ORDINANCE Now 72 -352 - Building Code B. ORDINANCE No. 72-353 - Mechanical Code C. ORDINANCE No. 72 -354 Plumbing Code City Manager Koski advised that arletter had been received from Harvey Brandt, County Engineer, outlining changes in the 1971 edition of the Los Angeles County Building Laws, together with model ordinances for adaptation by the City of Temple City for new Building Code, Mechanical Code and Plumbing Code, which ordinances were presented as follows: Ordinance No. 72 -352, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -267 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE AND AMENDMENTS AS CONTAINED IN THE 1971 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS INC., INCLUDING CHAPTERS 68, 69, 92 AND 99 OF THE SUPPLEMENT TO THE SAID LOS ANGELES COUNTY BUILDING CODE FOR AND INSTEAD OF THE PRESENT BUILDING CODE AND MAKING OTHER AMENDMENTS; Ordinance No. 72 -353, entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -268 OF THE CITY OF TEMPLE CITY BY REFERENCE OF THE LOS ANGELES COUNTY MECHANICAL CODE AS CONTAINED IN THE 1971 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC., AND MAKING THE APPENDIX THERETO AND MAKING OTHER AMENDMENTS; and Ordinance No. 72 -354 entitled AN ORDINANCE AMENDING ORDINANCE NO. 68 -269 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY PLUMBING CODE AND AMENDMENTS AS CONTAINED IN THE 1971 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC., AND INCLUDING APPENDICES A, B, C, F AND G, AND MAKING OTHER AMENDMENTS, for first reading. Council- man Tyrell moved to waive further reading and to set for Public Hearing on Tuesday, June 6, 1972, at 7:30 p.m. in the Council Chambers of the City Hall. 14. SUMMER RECREATION PROGRAM - Re. Recruitment of Personnel. City Manager Koski reported on the proposed summer recreation program together with estimated costs, requesting Council authorization of the tentative program so that recruitment of competent part -time staff could commence, as well as publicity to the schools and newspapers prior to the summer vacation. period. Councilman Tyrell moved to authorize the staff to proceed with recruitment of personnel and programming as outlined in memorandum dated April 27, 1972, seconded by Councilman Merritt and unanimously carried. 15. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of May 3, 1972. A. SULTANA AVENUE, west side, southerly of Las Tunas Drive - Additional restrictions. City Manager Koski presented a recommendation from the Traffic Commission for the placement of 24 feet of red curb marking in the transition, area on the west side of Sultana Avenue, from Las Tunas Drive southerly to the intersecting east -west alley, to eliminate a traffic hazard from vehicles parking at this location. Councilman Tyrell moved to approve, seconded by Councilman Gilbertson and unanimously carried. B. ARROW HIGHWAY REPORT - Retention of Minor Movement Traffic Control Devices at Las Tunas Drive and Rosemead Boulevard. City Manager Koski presented a recommendation from the Traffic Commission concerning a study of existing traffic control devices along the major arterial highway of Main Street- -Las Tunas Drive - -Live Oak- -Arrow Highway in which the Highway Department suggested deletion of left turn signals at the intersection of. Las Tunas Drive and Rosemead Boulevard. The Traffic Commission opposed such removal, for added protection of the motoring public and more orderly movement of traffic,,as set forth in memo dated May 5, 1972. Councilman Gilbertson moved to concur with the Traffic Commission, seconded by Councilman Merritt and unanimously carried. Council Minutes, May 16, 1972 - Page 5 16. RESOLUTION No. 72 -1203: Employment of Personnel - P.E.P. City Manager Koski presented Resolution No. 72 -1203 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL UNDER EMERGENCY EMPLOYMENT ACT OF 1971. Councilman Tyrell moved to adopt, seconded by Councilman Gilbertson and unanimously carried. 17. RESOLUTION No. 72 -1205: WARRANTS & DEMANDS, DEMAND NOS. 5894 THRU 5967 IN THE AMOUNT OF $13,785.93. City Manager Koski presented Resolution No. 72 -1205 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $13,785.93, DEMAND NOS. 5894 THRU 5967. Councilman Merritt moved to adopt, seconded by Councilman Tyrell and unanimously carried. 18. COMMUNICATIONS: A. City of Chino - Re. Logo Sign. City Manager Koski presented a communication from the City of Chino in which that City was urging the State Division of Highways to approve a pilot project for a freeway logo sign along the Pomona Freeway through the City of Chino, and urging other cities to support this experimental project. On motion of Councilman Tyrell, seconded by Councilman Gilbertson and unanimously carried, the matter was referred to the Traffic Commission. B. Temple City Lionettes - Eyemobile Clinic - Nov. 3 and 4, 1972. City Manager Koski presented a request from the Temple City Lionettes to conduct annual glaucoma clinic and eyemobile on Las Tunas Drive in front of Temple City Park, on November 3, and November 4, 1972. On motion of Councilman Tyrell, seconded by Councilman Dennis and unanimously carried, the request was approved subject to required insurance. 19. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: John Orsi, 10919 Freer, discussed the street improvements for Freer Street, This discussion reported as part of Item 8. Mayor Briggs deferred items 20.and 21 to the end of the meeting with the consent of the Council. 22. MATTERS FROM CITY OFFICIALS: A. Annual Sales. Tax Audit: City Manager Koski presented a request for Jim File, City Auditor and a member of the staff to visit the office of the State Board of Equalization, Sacramento, on June 22 -23, 1972, for the purpose of auditing sales tax records of the City of Temple City, with attendant expenses paid. Councilman Tyrell moved to approve and to authorize preparation of warrant to cover expenses, seconded by Councilman Merritt and unanimously carried. B. Requests for Business Licenses for Distribution of Advertising Material. City Manager Koski advised that in accordance with new ordinance permitting distribution of advertising except to those residences who have requested to be placed on a'. list'prohibiting'delivery at their location, two applications for business license for such distribution had now been received and were being processed. Council Minutes, May 16, 1972-- Page 6 C. Temple City Youth Commission - Request for Authorization to send letter to President Nixon. City Manager Koski presented a request from the Youth Commission to send a letter to President Nixon commending him for his ability to act in the present crisis. Councilman Tyrell imoved to grand approval, seconded by Councilman Merritt and unanimously carried. D. Payment for Services - Ballroom Dance Instructor City Manager Koski presented a request from the Director of Parks and Recreation for payment of services for Ballroom Dance Instructor Ray (Bottema) King, in accordance with agreement dated April 25, 1972. Councilman Tyrell moved to approve and authorize the preparation of the warrant in the amount of $97.50 for amount now due and payable, seconded by Councilman Gilbertson and unanimously carried. E. T.O.P.I.C.S. Funds. - Amend Prior Action City Manager Koski advised that following the action of the Council at their meeting of May 2, 1972, relative to assignment of 1971-72 and.1972 -73 T.O.P.I.C.S. Funds, that the County Road Department had submitted a substitute draft for a motion the Council may wish to make in regard to such assignment. Councilman Gilbertson moved that the Council amend its action taken on Tuesday, May 2, 1972, in regard to assignment of T.O.P.I.C.S. Funds, and that the Council claim the City of Temple City Federal T.O.P.I.C.S. Funds apportioned by the Federal -aid Highway, Acts and by the Streets and Highways Code for the fiscal years 1971='72 and 1972 -73 and declare the City's intent to obligate its 1971 -72 apportionment by assigning these funds to the County of Los Angeles, and requesting that the County Board ofSupervisors accept this assignment; and to obligate its 1972 -73 apportionment by exchanging these funds for an equivalent amount of state funds. Further that the City Clerk be instructed to submit certified copies of this action to the State Department of Public, - Works and the Los Angeles County Road Commissioner. The motion was seconded by Councilman Tyrell and carried unanimously. F. Councilman Gilbertson advised that Senate Bill 262 providing for enabling legislation towards establishment of a new county had passed in the State Senate by a vote of 24 to 8. G. Councilman Gilbertson advised that Senator Song had authored Senate Bill 776 which should be opposed by the City of Temple City as it was .a serious encroachment on the rights of local city governments and provided for an added layer of taxing jurisdiction. He presented for adop,tion,Resolition No. 72-1207 entitledA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OPPOSING SENATE BILL NO. 776 RELATING TO THE FORMATION OF THE SOUTHERN CALIFORNIA AREA PLANNING ORGANIZATION. Councilman Tyrell moved to adopt, seconded by Councilman Merritt and unanimously carried. H. Councilman Gilbertson presented a proposed Resolution to commend Senator H. L. "Bill" Richardson for his many efforts in the area of law enforcement and his tireless efforts in introducing and securing passage of bills for the betterment of law- abiding citizenry. Councilman Gilbertson moved adoption of RESOLUTION No. 72 -1208 entitled A RESOLUTION OF THE CITY OF TEMPLE CITY COMMENDING SENATOR H. L. "BILL" RICHARDSON, seconded by Councilman Merritt and unanimously carried. I. Councilman Dennis reported that the San Gabriel School District Governing Board has discussed the redevelopment of Rosemead Boulevard and has voiced no opposition. They also commended the City Council on the conduct of the public hearing on the matter at the previous meeting. Council Minutes, May 16, 1972 - Page 7 J. Title Insurance and Trust Co. - Revision of Agreement to Include Redevelopment Agency. City ;Atty :..,Mart:i'n presented a revised agreement with the Title Insurance and Trust Company which had been adapted as to form to Include the Community Redevelopment Agency, which had been reviewed by the City Attorney and approved as to form. There were no changes in costs involved. Councilman Tyrell moved to approve the revised agreement, and to authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried unanimously. 2.3. ADJOURNMENT: At 8:45 p.m., on motion of Councilman Tyrell, seconded by Councilman Gilbertson, Council adjourned to . joint study session as Council and Community Redevelopment Agency. Motion carried. 20. COMMUNITY REDEVELOPMENT AGENCY ACTION: Council convened as. the Community Redevelopment Agency at 9 p.m., all. ,members being present, approved the minutes of the Joint Public Hearing held with the City Council on May 2, 1972, and adopted Resolution CRA 7 -' Bylaws (amended);,' Resolution CRA 8 - Approving City - Agency R elationships; and. Resolution CRA 9 - Accepting Terms and Conditions of Loan Offered by City, adjourning at 9:03 p.m. The minutes of the CRA are set forth in full in the records of the Agency. Council reconvened as the City Council at 9:03 p.m. to consider the following items: 21. RESOLUTION No. 72 -1206: Re. City - Agency Relationships with Community Redevelopment Agency. City Manager Koski advised that Special Counsel had prepared Resolution No. 72 -1206 by which the City Council could concur with CRA Action in adopting CRA -8 regarding City - Agency relation - ships, and presented Resolution No. 72 -1206 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AGREEMENT ESTABLISHING CITY - AGENCY RELATIONSHIPS. CouncilmanmTyrell-moved to adopt, seconded by Councilman Gilbertson and unanimously carried. 24. ADJOURNMENT: Councilman Gilbertson moved to adjourn .at.9:10 p.m. to.a personnel session, seconded by Councilman Merritt and unanimously carried. Next regular meeting will be held on Tuesday, June 6, 1972, at 7:30 p.m. in the Council Chambers of the City Hall. ATTEST: ef'Deputy City Clerk