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HomeMy Public PortalAboutCity Council_Minutes_1973-03-20_Regular 1973CITY OF TEMPLE CITY COUNCIL MINUTES MARCH 20, 1973 INITIATION: 1. Mayor Pro Tem Tyrell called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, March 20, 1973, in the Council Chambers of the City Hall. 2. The invocation was given by the Reverend Kenneth Grant, Pastor Westminster Presbyterian Church, 9642 E. Live Oak Avenue, Temple City. 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Tyrell. 4. ROLL CALL: Present: Councilmen - Dennis, Gilbertson, Merritt, Tyrell Absent: Councilmen — Briggs Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Administrative Assistant Biel Councilman Merritt moved to excuse the absence of Mayor Briggs for cause, seconded by Councilman Gilbertson and carried. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular meeting of March 6, 1973, as written, seconded by Councilman Gilbertson and carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Street Lighting Zone Boundaries - Zone B to Zone A A. OLIVE STREET, Rosemead Boulevard to El Monte Avenue B. GOLDEN WEST, Live Oak to approximately 150' south of Daines Dr. City Manager Koski presented background information on the proposal for adjustment of zone boundaries from B to A within the Street Lighting District of the City, and plan for improvements of Olive Street, Rosemead Boulevard to El Monte Avenue and Golden West, Live Oak to approximately 150' south of Daines Drive, advi -sing that due notice had been given for the public hearing. Mayor Pro Tem Tyrell 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 Dennis and carried. Councilman Merritt moved to approve plans for street light improvement as submitted, and to adopt Resolution No. 73 -1267 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ADJUSTMENT OF THE ZONE BOUNDARIES OF THE STREET LIGHTING DISTRICT WITHIN THE CITY, seconded by Councilman Dennis and carried. PUBLIC HEARING: 7 :30 p.m. Re. Proposed Amendment to Municipal Code Re. Licensed Care Homes Pursuant to AB 1856 of the 1972 Legislative Session - ORDINANCE No. 73 -368: 1st read. City Manager Koski advised that due notice had been given in regard to public :hearing for proposed amendment to the Municipal Code as it pertained to licensed care homes to allow such uses with conditional use permit approval in all residential zones. Council Minutes, March 20, 1973 - Page 2 Mayor Pro Tem Tyrell 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 Merritt and carried. Councilman Merritt moved to concur with the recommendations of the Planning Commission as set forth in Resolution No. 73- 482PC, and to iintroduce Ordinance No. 73 -368 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SUB - PARAGRAPH 18 OF SECTION 9202 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDITIONAL USES for first reading and to waive further reading. The motion was seconded by Councilman Gilbertson and carried. PUBLIC HEARING: 7:30 p.m. Re. Request for Dance Permit, Paradise Isle, 9568 Las Tunas Drive (Veltri) City Manager Koski advised that public hearing had been set on the matter of request for dance permit for the Paradise Isle, 9568 Las Tunas Drive, as set forth in the Municipal Code. He further advised that entertainment permit had been granted on February 20, 1973, and the applicant now wished to include dancing on the premises. Mayor Pro Tem Tyrell declared the public hearing open. A report from the Los Angeles County Sheriff's Department was presented by the City Manager, which investigation revealed no basis for protest. A communication from the Los Angeles County Department of Engineer dated March 20, 1973, advising Mr. Veltri, the applicant, of corrections required in order to classify the building for B -3 occupancy required for dancing, was entered for the record. Mayor Pro Tem Tyrell invited those present who wished to speak for or against the matter to come forward. F. A. Veltri, 9568 Las Tunas Drive (applicant), spoke in behalf of his application. Mr. Veltri agreed to comply with the require- ments set forth by the County Engineer as per letter dated March 20, 1973, if;the permit is to be granted. No one else came forward to speak. Councilman Merritt moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Merritt moved to approve the request for dance permit for Paradise Isle, 9568 Las Tunas Drive, subject to conditions set forth in staff report dated March 15, 1973, such permit to be issued upon the completion of corrections as outlined in letter of March 20, 1973, from the County Engineer. The motion was seconded by Councilman Dennis and carried. IMPROVEMENT OF CITY -OWNED PROPERTY: 5843 TEMPLE CITY BOULEVARD (V.P.D. #l) - Recommendation from Parking Commission. City Manager Koski advised that the Parking Commission had held -a Special Meeting on March 14, 1973, at which time property owners in Vehicle Parking District No. 1 were invited to be present to consider their participation in the development of city -owned property for additional public parking. He stated that some property owners' were,unwilling to make a final determination because cost figures were not available, and that such figures were dependent upon the Council's clarification as to whether the City would provide the property, and that the Parking Commission requested the Council to clarify their position in this regard. Council Minutes, March 20, 1973 - Page 3 Al Lehine, 9578 Las Tunas Drive, owner of Brothers Pharmacy, expressed his willingness to participate in the costs of the formation of a Parking District and improvements therein, if the City contributes the use of the land at 5843 Temple City Boulevard. Penny Graham, Graham Music, 9612 -16 -18 Las Tunas Drive, stated that both Graham Music and Cassriel's Jewelry were also willing to participate on this basis, even though they did not suffer from lack of parking at their locations. Frank Veltri, Paradise Isle, 9568 Las Tunas Drive, stated that the landlord for his property has already paid in the,develop- ment of the other parking district and had not obtained benefit. He was advised that the assessments bad been prcorated in accord to the amount of use they would obtain, that those closest were assessed the most. Al Millham, 9809 Daines Drive, Chairman of the Parking Commission, discussed the need for the property owners to have an estimate of cost in order to arrive at a decision as to their willingness to participate. Council discussed the urgency of making a decision on the matter in view of proposed lease for use of property which matter had been deferred to April 3, 1973, for retail furniture store. Councilman Merritt noted that another factor needed to be considered by the property owners adjacent to proposed improve- ment, that of relinquishing access to their property over the pedestrian sidewalk. He stated that he did not feel that it was the intention of the Council to donate the property for parking purposes at the time it was purchased, but only to hold, and that any revenues received from leasing such property should be applied to obtaining additional properties when they become available. Councilman Gilbertson stated that while he felt the property may not have been acquired with the intent of contributing, he would be in favor of the City donating theuse,to public parking if the property owners and businessess, either by assessment or cash payment, were willing to pay all of the costs of improving the lot as a public parking facility. Councilman Dennis expressed concern that if this is provided without cost to the parking district, that a precedent would be set; however under the immediate circumstances, if this is the only way it can be developed and only two weeks remains to accept the alternative of leasing the property for retail furniture store, he would be in favor. A'staff estimate for improvements if the City donates the land was approximately $300 to $500 for each 25' widthparcel. Mayor Pro Tem Tyrell stated the lot had been purchased for public purpose and he felt this was such purpose. In regard to additional parking to the south that may be acquired in the future, he stated the lot would have to be designed in such a way that the additional parking would be added without disruption. Following discussion, Councilman Gilbertson moved that the City offer to donate the use of the property for improvement of the parking lot in accordance with plans to be developed, at a cost of from $300 to $500 for each 25' width, subject to the business community coming up with the necessary requirements of signatures Or funds in trust, and to hold the matter open until the next Council meeting to be held on April 3, 1973. The motion was seconded by Councilman Dennis. Councilman Merritt stated that he was not in agreement since he felt the City would be obligated to meet ,other similar requests and that it may not be in a position to do so. A roll call vote on the motion carried as follows: AYES: Councilmen- Dennis, Gilbertson, Tyrell NOES: Councilmen- Merritt ABSENT: Councilmen - Briggs Council Minutes, March 20, 1973 - Page 4 NEW BUSINESS: 10. REPORT ON CITY SEMINAR: A. Proposal for Combining County Library and High School Media Center Joseph DiChiaro, Jr., President of the Board of Education of the Temple City Unified School District, reported on plans for combining the County Library Facility with the High School Media Center, thereby releasing the County Library building for possible use as a meeting center or other community use; which recommendation had come from discussions held at the City Seminar. He advised that many persons needed to be contacted in order to proceed with the proposal, and requested the Council support in exploring this effort. Councilman Merritt moved that the City Council go on record as giving moral support to the consolidation of school and County library facilities, seconded by Councilman Gilbertson and carried. B. Community Goals and Coordination. The Reverend Kenneth Grant, Pastor, Westminster Presbyterian Church, a participant in the City Seminar, provided a report in behalf of the Action Committee on Community Goals and Coordination. The report, dated March 16, 1973, recommended and urgedthe City Council to organize and sponsor, in cooperation with the Chamber of Commerce, an_ Annual ..Community Goals Conference, to include a broader representation of organizations and interests than that included in the Seminar. The appreciation of all for the successful conference was looked upon as a stepping stone for determining goals for the community. C. Joint Study Session with School Board - April 30, 1973. In reviewing the results of the City Seminar, it was proposed that other items of common interest, such as City and School District Boundaries could be discussed in greater detail at a joint meeting of the two bodies. Mr. DiChiaro, President of the School Board, concurred that the date of April 30, 1973, at 7:30 p.m. would probably be an acceptable date for that body, and members of the Council also confirmed it as acceptable. 11. APPEAL FROM PLANNING COMMISSION DECISION: Re. Zone Variance Case No. 73 -387 (Expand second residential dwelling on R -1 lot) Harold Jones, 6032 -34 Loma. City Manager Koski advised that the Planning Commission at their regular meeting of February 27, 1973, by a vote of 4/0, denied . a request to expand the second residential dwelling on an R -1 zoned lot, and adopted Resolution No. 73 -487PC confirming such denial, which records had been made available to the Council. He advised that pursuant to Section 9210 of the Temple City Municipal Code, the Council could affirm or reverse the Planning Commission decision, or set public hearing on the applicants' appeal which had been filed within the duly prescribed period of time. Councilman Gilbertson moved to hear the matter on the record, seconded by Councilman Merritt and carried, all members having read the record. Exhibits describing the property were viewed by the Council. Councilman Gilbertson moved that based on the testimony provided to the Planning Commission there was no justification to grant the request, and that the decision of the Planning Commission be affirmed, thereby denying the request. The motion was seconded by Councilman Dennis and carried. Councilman Gilbertson moved that inasmuch as no additional expenses were incurred by the Council in not holding a separate hearing, that the appeal fee be refunded to the applicant, seconded by Councilman Dennis and carried. Council Minutes, March 20, 1973 - Page 5 12. PARCEL MAP 3436 (T.C. 541), 5317 -27 Encinita Avenue 13. PARCEL MAP 3347 (T.C. 539), 6274 Golden West City Manager Koski advised that prior to final map filing, the State Subdivision Map Act requires the City Council or advisory agency to approve final parcel map. Councilman Gilbertson moved that as a matter of policy, the Planning Commission should be the body to approve final parcel maps, and to refer Parcel Maps 3436 and 3347 to that body, seconded by Councilman Dennis and carried. 14. RESOLUTION No. 73 -1268: Re. ARROW HIGHWAY (Las Tunas Drive) UNIFORM TRAFFIC CONTROL PROJECT (Agreement with Los Angeles County) City Manager Koski advised that the City Council on December 5, 1972, approved the City's participation in the Arrow Highway - U.T.C. Project and approved plans submitted by the County Road Department, and that proposed agreement with the County had now been prepared. A negative declaration of environmental impact had previously been filed with State and Federal agencies in accordance with requirements concerning use of such funds on highway projects. Councilman Gilbertson moved to concur with the County Environmental Impact negative declaration, to approve the agreement and authorize Mayor and City Clerk to sign, and to adopt Resolution No. 73 -1268 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF LAS TUNAS DRIVE WITHIN SAID CITY AS PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES. The motion was seconded by Councilman Mer,r.itt . and carried. 15. RESOLUTION No. 73 -1269: Senior Citizens Month. Councilman Gilbertson moved to adopt Resolution No. 73 -1269 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.TEMPLE CITY PROCLAIMING THE MONTH OF MAY, 1973, SENIOR CITIZENS MONTH, seconded by Councilman Dennis and carried. 16. RESOLUTION No. 73-1270: Re. ENVIRONMENTAL IMPACT REPORT (Revised Regulations and Procedures) City Manager Koski advised that new legislation (AB 889) requires that all local agencies adopt objectives, criteria and procedures for the evaluation of public and'pr:i:vate. :projects, publicly approved in terms of their impact on the environment, by April 5, 1973, and presented a report from City Attorney dated February 27, 1973, . setting forth procedures, marked Exhibit "A ". City Attorney Martin presented Resolution . No. 73 -1270 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING REGULATIONS FOR THE PROCESSING OF ENVIRONMENTAL IMPACT REPORTS. Councilman Merritt moved to adopt, seconded by Councilman Gilbertson and carried. 17. RESOLUTION NO. 73 -1271: Employment of Temporary Personnel' Councilman Gilbertson moved to adopt Resolution No. 73 -1271 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL, seconded by , Councilman Dennis and carried. 18. RESOLUTION No. 73 -1272: WARRANTS & DEMANDS, Demand Nos. 7515 thru 7565, in the Amount of $26,486.82. Councilman Merritt moved to adopt Resolution No. 73 -1272 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $26,486.82, DEMAND NOS. 7515 THRU 7565, seconded by Mayor.iPro.Tem Tyrell and carried. Council Minutes, March 20, 1973 - Page 6 19. COMMUNICATIONS: A. Damage Claim - Mrs. Mildred Kilbey A damage claim dated March 7, 1973, from Mrs. Mildred H. Kilbey, 1716 W. Leewood Street, West Covina, California, for alleged accident in south parking lot of the 9600 block of Las Tunas Drive on January 20, 1973, was received. Councilman Gilbertson moved to deny the claim and to refer to the City's insuring agency, seconded by Councilman Merritt and carried. 20. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: There were none. 21. MATTERS FROM CITY OFFICIALS:. A. Live Oak Park Acquisition - 5601 Grac'ewood (Heyde) City Manager Koski presented Preliminary Title Report dated March 6, 1973, and Supplemental Report of March 16, 1973, issued by American Title Company concerning property being purchased by the City from Edmundo W. and Blanche E. Heyde, for acceptance. Councilman Gilbertson moved to accept the Preliminary Title report as amended by Supplemental report, and to authorize payment in the amount of $33,169.42, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to appropriate additional funds in the amount of $33,169.42 from the General Fund and to amend the adopted budget accordingly. B. Contract Cities Conference - Advance Registrations. Councilman Gilbertson moved to authorize attendance of Councilmen, and Commissioners at California Contract Cities Seminar, April 26- 29, 1973, and to prepare warrant covering advance registrations, seconded by Councilman Merritt and carried. C. Youth in Government Day - April 5, 1973 City Manager Koski presented tentative schedule for Youth in Government Day to be held on April 5, 1973, extending an invitation to the Council to attend. D. Amerian: Little League and Pony Colt League openings. Council was invited to attend opening day ceremonies for Temple City American Little League to be held at Live Oak Park, on Saturday, April 7, 1973, at 9 a.m.; and Pony Colt League opening at Oak Avenue, on Saturday, March 24, 1973, at 9 :30 a.m. E. Councilman Gilbertson called attention to an important election forthcoming for Rapid Transit District representative for Corridor 0, and suggested that cities of this area confer as to a candidate to support. F. Councilman Merritt called attention to the fact that the City had not had representation at many of the Contract Cities and League of California Cities meetings this past year, or had not been noted in minutes. G. Burglary Prevention. Sgt. Ken Johnson, Los Angeles County Burglary Prevention Detail, reported on proposals for inspection program currently under consideration. Report dated March 13, 1973 was received for further study. 22. ADJOURNMENT:. Councilman Gilbertson moved to adjourn at 9:32 p.m., seconded by Councilman Dennis and carried. Next regular meeting will be held Tuesday,. April 3, 1973, at 7:30 p.m. ASST: Ch'ie Deputy'Ci'ty C erk