HomeMy Public PortalAboutCity Council_Minutes_1973-05-15_Regular 1973CITY OF TEMPLE CITY
COUNCIL MINUTES
MAY 15, 1973
INITIATION:
1. Mayor Tyrell called the regular meeting of the City Council to
order at 7 :40 p.m. on Tuesday, May 15, 1973, in the Council
Chambers of the City Hall.
2. The invocation was given by Bishop Ronald Bateman, Temple City
Ward, Church of Jesus Christ of Latter Day Saints, 6249 Kauffman Ave.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
Present: Councilmen - Briggs, Dennis, Gilbertson, Tyrell
Absent: Counci lmen - Merr;iitt
Also Present: City Manager Koski, City Attorney Martin, Planning
Director George Dragicevich, Parks and Recreation
Director Kobett, Regional Engineer Kriegel, Traffic
Engineer Envall.
Counc'ilman.G'ilbertson moved to excuse the absence of Councilman
Merritt for cause, seconded by Councilman Dennis and carried.
5. APPROVAL OF MINUTES:
Councilman Briggs moved to approve the minutes of the regular
meeting of the City Council held on Tuesday May 1, 1973, as
written, seconded by Councilman Gilbertson and carried.
Boy Scout Troop No. 174, Rollie Seebert, Senior Patrol Leader, was
given recognition by Mayor Tyrell who presented a special certificate
to the group. The troop, sponsored by the Presbyterian Church, has
had 65 boys gain the rank of Eagle Scout. History of the troop was
given by Rollie Seebert; and Gregg Wally, Assistant Patrol Leader,
introduced Scoutmaster James MacLaren and assistant Scoutmasters.
UNFINISHED BUSINESS:
None
NEW BUSINESS:
6. OCCUPANCY PERMITS FOR COMMERCIAL AND INDUSTRIAL BUILDINGS..
City Manager Koski advised that the Temple City Building- Code
did not, at present, provide for occupancy inspection when a
commercial or industrial building changes tenants or proprietors,
that issuance of a certificate of occupancy is applicable to new
developments only. He stated that as a result, new occupants may
have changed previous processes, installed new, heavier and /or
additional equipment requiring rewiring of the building, or may
have increased fire hazards.. In order to require inspection of
buildings and a review of the proposed activities or processes,
it would be necessary to amend the occupancy section of the
Building Code. An $18 fee was proposed.
Councilman Gilbertson called attention that a change of ownership
might legally include adding a partner or forming a corporation
which he felt should not result in requiring a new occupancy
permit.
Councilman Briggs moved that the City Attorney be instructed to
prepare appropriate ordinance modifying Section 416 of the Temple
City Building Code requiring occupancy permit for change of
tenant or proprietor, and establishing the occupancy permit on a
"no fee" basis. The motion was seconded by Mayor Tyrell for
purposes of discussion.
Council Minutes, May 15, 1973 - Page 2
Gordon Kriegel, Regional Engineer, advised that there is currently
a provision in the code for occupancy inspection for which the fee
is $18, and that if the inspection for change of tenant or proprietor
became obligatory and was established on a :'.no fee" basis, the charge
would have to be made to the City.
Maryanne Milch, Executive Secretary, Chamber of Commerce, felt that
the fee should not be imposed in order to encourage more business in
Temple City.
Penny Graham,'9616 Las Tunas Drive, stated the amount of the fee was
inconsequential to the total costs for which persons going into
business may find themselves confronted with, such as the installing
of adequate drains or electrical wiring for a new business, and that
the occupancy inspection would be a protection for persons leasing
properties and for purchasing if it were put in the escrow as a
condition of the escrow.
John Stacey, 5024 Encinita, said he was familiar with the industrial
rather than the commercial, and felt that people in the industrial
field would object to another requirement by a governmental agency.
Councilman Dennis stated that he could see the requirement for a
change in use, but not when changing tenants and there is no change
in structure or facilities in the building, that the same criteria
could be applied to residential and that he was opposed to it.
The motion!to instruct the City Attorney to prepare appropriate
ordinance for occupancy permit on a "no fee" basis was carried by
the following roll call vote:
AYES: Councilmen- Briggs, Gilbertson, Tyrell
NOES: Councilmen- Dennis
ABSENT: Councilmen - Merritt
7. RECOMMENDATION FROM TRAFFIC COMMISSION - Meeting of May 2, 1973
LONGDEN AVENUE, Oak to Golden West: Removal of 30 mile per hour
Speed Limit.
City Manager Koski advised that the Traffic Commission had
recommended reduction in speed limit on Longden Avenue, from Oak
to Golden West, which was a residential street and included a
school zone. Based on cursory speed checks and characteristics
of the roadway, the Traffic. Engineer was of the opinion that the
30 m.p.h. speed limit was warranted and had advised against the
reduction. Councilman Briggs moved to approve the recommendation
and discuss, seconded by Councilman Gilbertson an :d; carried.
Traffic Engineer Envall stated that he had received a County
Counsel opinion regarding creating a "speed trap" and that the
removal of the 30 m.p.h. speed limit would fall into this category,
which he had not been aware of at the time of the Traffic Commission
meeting. 141 t i:yht, .of the County ''Crunse l , Epp i n'i'on, , Councilman Briggs H
withdrew the mot ion to app rove, the: r, etornrriepda tIon: th the, consent
of the second. Councilman Briggs moved to refer the matter back to
the Traffic Commission, seconded by Councilman Gilbertson and carried.
STREET IMPROVEMENTS: Curb, Gutter and Drive Approaches (Pursuant
to Chapter 27, Streets and Highways Code.)
A. McCLINTOCK, east and west sides, Grand to Fairview
B. FAIRVIEW AVENUE, south side, McClintock to Arcadia Wash
C. ELLIS LANE, west side, Lower Azusa to Temple City Boulevard
D. CLOVERLY AVENUE, east side, Wedgewood to Broadway
E. GRAND AVENUE, north side, Daleview to Farago
City Manager Koski advised that in accordance with previous
authorization plans and specifications were being prepared by the
Los Angeles County Road Department for the above street improvements,
and presented time schedule for work to be accomplished as set forth
in memorandum dated May 9, 1973. Councilman Gilbertson moved to
authorize advertising for bids, seconded by Councilman Briggs and
carried.
Council Minutes, May 15, 1973 - Page 3
9. SET PUBLIC HEARING - STREET IMPROVEMENTS: Curb, Gutter and Drive
Approaches (Pursuant to Chapter 27, Streets and Highways Code)
A. SULTANA AVE., west side, Emperor to Longden
B. SULTANA AVE., east side, Emperor to Woolley
C. SULTANA AVE., east side, Woolley to Longden
D. LA ROSA AVE., south side, Golden West to Agnes
E. LA ROSA AVE., north side, Golden West to Ardenel
Councilman Gilbertson moved to set public hearing for street
improvements for above named projects for Tuesday, June 5, 1973,
at 7:30 p.m., seconded by Councilman Briggs and carried.
10. SIDEWALK INSTALLATION - 1972 -73 FY Program.
A. OLIVE STREET, north side, Baldwin to Halifax Road
B. ARDEN DRIVE, east side, Olive to Lower Azusa Road
C. BROADWAY, south side, Temple City Blvd. to Golden West
D. GARIBALDI, north side, Temple City Blvd. to Oak Avenue
City Manager Koski advised that as part of the City's continuing
program for sidewalk installation, that funds were allocated in the
1972 -73 budget for the above named streets, which are part of the
safest route to school plan. Estimated cost for the improvements
was $12,798 and proposed schedule of work could commence at the
close of the school year, all as set forth in memorandum dated
May 9, 1973. Councilman Gilbertson moved to approve plans and
specifications and authorize advertisement for bids, seconded by
Councilman Briggs and carried.'',
11. RENEWAL OF AGREEMENT - GROUNDS MAINTENANCE: Los Angeles County
Library and. Adjacent Grounds.
City Manager Koski presented Agreement No. 13886 -5
offered by the County of Los Angeles, Department of Real Estate
Management, in which the City of Temple City would provide grounds
maintenance for county property adjacent to County Library and
County Engineer's building, in the amount of $800. Councilman
Briggs moved to approve and to authorize the Mayor and City Clerk
to sign, seconded by Councilman Gilbertson and carried.
12. SUMMER RECREATION PROGRAM - 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 news-
papers prior to the summer vacation period.. Councilman Briggs moved
to approve and to authorize staff to proceed with recruitment of
personnel and programming as outlined in memorandum dated May 10,
1973, seconded by Councilman Dennis and carried.
13. RESOLUTION No. 73 -1283: Employment of Personnel.
Councilman Briggs moved to adopt Resolution No. 73 -1283 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPOINTING PERSONNEL, seconded by Councilman Gilbertson and carried.
14. RESOLUTION No. 73 -1284: WARRANTS & DEMANDS, Demand Nos. 7846 thru
7915 in the Amount of $19,797.55.
Councilman Briggs moved to adopt Resolution No. 73 -1284 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $19,797.55, DEMAND NOS.
7846 THRU 7915, seconded by Councilman Gilbertson and carried.
Councilman Gilbertson moved to authorize the City Treasurer to deposit
$100,000 in inactive funds, Security Pacific National Bank, which
amount was currently more than required to meet expenditures at this
time, seconded by Councilman Briggs and carried.
Council Minutes, May 15, 1973 - Page 4
15. COMMUNICATIONS:
DAMAGE CLAIM - Miss Julia Mauro, 5221 Doreen Avenue.
City Manager Koski presented a damage claim from Miss Julia
Mauro in the amount of $125 for damages which were the result
of high winds on April 1, 1973, causing a limb to fall from a
street tree. Councilman Gilbertson moved to deny and to refer
to the City's insurance carrier, seconded by Councilman Briggs
and carried,
16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
COUNCIL RECESSED AT 8:25 p.m. TO MEET AS THE COMMUNITY REDEVELOPMENT
AGENCY.
Council convened as the Community Redevelopment Agency, Mr. Merritt
being absent, which absence was excused; approved the minutes of the
regular meeting of May 1, 1973, as amended; concurred in reorganization
of the Agency as set forth in the bylaws; and adjourned to their next
regular meeting. The minutes are set forth in full in the CRA records.
COUNCIL RECONVENED AT 8:28 p.m.
17. MATTERS FROM CITY OFFICIALS:
A. Annual Sales Tax Audit.
City Manager Koski presented a request for Jim File, Deputy Tax
Collector, :and Joan Downey, City: Treasur.e,riitoN.i: it the office
of the State Board of Equalization, Sacramento, on June 21 -22, 1973,
;for: the purpose of auditing sales tax records for the City, and
presented Resolution No. 73 -1285 authorizing the examination of
Sales and Use Tax. Councilman Gilbertson moved to approve the
personnel to conduct the audit, to authorize the necessary expenses
involved, and to adopt Resolution No. 73 -1285 entitled A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING
EXAMINATION OF SALES AND USE TAX. The motion was seconded by
Councilman Dennis and carried.
B. El Monte Airport Traffic Problem.
Council received a report dated May 11, 1973, bringing to the
attention of the Council an attempt by the City of Burbank to
impose regulations on Lockheed Air Terminal. It was noted that
there was a recent supreme court ruling declaring the City of
Burbank's efforts invalid and that a review of the decision by
the City Attorney would be in order prior to the next Council
meeting. With the consent of the Council, Mayor Tyrell referred
the matter to the City Attorney for research and report.
C. Renewal of Agreement - Los Angeles County for Community
Recreation Program - Emperor School.
City Manager Koski advised that the agreement submitted by the
County for the City of Temple City to conduct community recreation
program at Emperor School carried an amount of $2,412 to be paid
by the County of Los Angeles to the City upon demand, which amount
reflects an increase of $57 over the 1972 -73 program. He advised
that the Director of Recreation had reviewed the proposed agree-
ment and feels that an adequate program can be offered and that the
program at Emperor School is part of the agreement with the school
district to provide a program within the district. Councilman
Briggs moved to approve and to authorize the Mayor and City Clerk
to sign the agreement, seconded by Councilman Gilbertson and carried.
1
Council Minutes, May 15, 1973 - Page 5
D. Proposed Ordinance - Unlawful Exposure.
Council received a report from the City Attorney advising that as
of May 1, 1973, the California Supreme Court had validated two
penal code sections which in effect, allow local agencies to enact
ordinances prohibiting unlawful exposure. Councilman Gilbertson
moved to instruct the City Attorney to prepare appropriate
ordinance, seconded by Councilman Dennis and carried.
E. Temple City Youth Center - Request for joint participation
to erect permanent bleachers at Temple City High School
football field.
A request from the Temple City Community Youth Center, Inc. for
the City to participate in the construction of additional
bleachers at Temple City High School Field in cooperation with
the school district and the Youth Center, to the City Attorney,
to determine if there would be legal problems involved in such
participation.
F. Purchase of Automatic Coffee Brewer.
Councilman Briggs moved to approve the purchase of an automatic
coffee brewer in the amount of $259.35, as set forth in memorandum
dated May 11, 1973, and that the present coffee system be transferred
to Pentland Yard for use by the Parks and Recreation Department.
The motion was seconded by Councilman Gilbertson and carried.
18. ADJOURNMENT:
Councilman Gilbertson moved to adjourn at 8:45 p.m., to a study
session, seconded by Mayor Tyrell and carried. The next regular
meeting of the City Council will be held on Tuesday, June 5, 1973,
in the Council Chambers of the City Hall.
ATTEST:
eputy City C er