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HomeMy Public PortalAboutCity Council_Minutes_1973-07-03_Regular 19731 1 CITY OF TEMPLE CITY COUNCIL MINUTES JULY 3, 1973 INITIATION: 1. Councilman Briggs called the regular meeting of the City Council to order at 7:34 p.m. on Tuesday, July 3, 1973, in the Council Chamber of the City Hall. 2. The invocation was given by the Reverend Kenneth C. Grant, Pastor, Westminster Presyterian Church, 9642 E. Live Oak Avenue. 3. The Pledge of Allegiance to the Flag was led by Councilman Briggs. 4. ROLL CALL: Present: Absent: Also Present: Councilmen - Briggs, Gilbertson, Merritt Councilmen - Dennis, Tyrell City Manager Koski, City Attorney Martin, Assistant to City Manager Biel, Planning Director Dragicevieh, Parks & Recreation Director Kobett. 5, APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the adjourned meeting of June 26, 1973, as written, seconded by Councilman Gilbertson and carried. Prior to consideration of agenda items, Sandra Ragusa and John DeWitt, new Youth Commissioners, were introduced by Councilman Briggs and sworn in by the City Clerk, UNFINISHED BUSINESS: 6. .PUBLIC HEARING: 7:30 p.m. Re: Vacation of Future Alley Easement City Manager Koski- presented background information, advising that at their regular meeting of May 22, 1973, Planning Commission considered request from owner of property at 4809 Hallowell Avenue to vacate the future alley easement to the rear of his property; that the Commissioners were in agreement that the easement serves no useful purpose and recommended to City Council that the future alley easement be abandoned, The City Council, at their regular ' meeting of June 5, 1973, set public hearing for July 3, 1973 to consider said vacation, Councilman Briggs declared the public hearing open and invited those present who wished to speak for or against the matter to come forward, Council received and filed a letter of protest from Mr. Warren A. Scott, owner.of property in El Monte which is adjacent to the west side of the alley in question. Mrs. Gerald Amend, 4809 Hallowell Avenue, advised Council that she was for the abandonment of the alley easement. There being no other person come forward, Councilman Merritt moved to close the public hearing, seconded by Councilman Gilbertson and carried. Councilman Merritt moved to instruct City Attorney Martin to prepare a resolution vacating an unused easement, seconded by Councilman Gilbertson and carried, Council Minutes, July 3, 1973 ° Page 2 7. PUBLIC HEARING: 7:30 p.m, Re: Proposed amendment to Municipal Code relating to Zoning Classification for Upholstery Fabrics and Supplies, Rugs and Carpets, and Furniture Repair and Upholstery. City Manager Koski advised that the Planning Commission, at their regular meeting of May 22, 1973, adopted Resolution recommending to the City Council an amendment to the Municipal Code relating to certain uses in the C =1 and C -2 zones, a negative declaration having been prepared relating to the Environmental Impact of the proposed amendment. City Council,.at their regular meeting of June 5, 1973, set public hearing on this matter for July 3, 19730 Councilman Briggs declared the Public Hearing open and invited those present who wished to speak for or against the matter to come forwards There were none. City Council concurred with the negative declaration with regard to the Environmental Impact Report which was prepared with respect to the proposed amendment to the Ordinance. City Attorney introduced Ordinance No. 73 °375, AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW PARAGRAPH 21A TO SUBSECTION A OF SECTION 9390 and NEW PARAGRAPHS 32A and 39A TO SUBSECTION A OF SECTION 939901 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERMITTED USES IN THE C -1 and C-2 ZONES OF THE CITY, by title only, Councilman Gilbertson moved to waive further reading, seconded by Councilman Merritt and carried. 8. RECOMMENDATION FROM PLANNING COMMISSION m Meeting of June 12, 19730 TENTATIVE TRACT NO. 29610, 6047 N. Camellia Avenue and Vacant parcel southerly of 6047 N. Camellia Avenue. City Manager Koski presented background information, advising that Planning Commission, at their regular meeting held June 12, 1973, considered and recommended to City Council for their approval, Tentative Tract No. 29610 relating to proposed subdivision at the subject address; that an Environmental Impact Report had been prepared and submitted for Council review. Planning Director Dragicevich advised that subject property is zoned R-1, Single Family Residential; the property located on the west side of Camellia is zone R ®3; the property presently consists of two lots, one of which is vacant, the other containing an older single family residential unit; the proposed tract is a one -lot subdivision for a 14 -unit condominium project; that the Planning Commission had approved the Tentative Tract subject to nineteen conditions as outlined in their Resolution 73- 503PC. Mr, Dragicevich further advised that the project would cause an increase in the traffic and noise levels due to a higher density. Councilman Gilbertson stated that the tract came within the present zoning classification for such development (R -3), but that the pro- posed density would result in some environmental impact on the immediate neighborhood; however, not being of strong impact he did not object. Councilman Gilbertson also questioned the width of the street and if it would be adequate to handle the increase in traffic. Councilman Merritt stated that there is an apartment acros's the street and other lots in the immediate neighborhood are developed with two or three units. Councilman Merritt moved to approve Tentative Tract No. 29610 sub- ject to all conditions outlined in Planning Commission Resolution No. 73- 503PC, seconded by Councilman Gilbertson and carried, Council Minutes, July 3, 1973 - Page 3 9. KNIGHTS OF COLUMBUS - Request for Conditional Use Permit 9677 Las Tunas Drive (C-1 Zone) Mr. John Cervenka, representing Knights of Columbus, Archbishop Cantwell Council No. 3073, requested a continuance for approxi- mately 90 days until such time as their attorney's schedule will allow his appearance before City Council. Councilman Gilbertson moved to continue the matter to Tuesday, October 2, 1973, seconded by Councilman Merritt and carried. 10. A. ORDINANCE NO. 73 -374: 1st read. Re: Amending the first paragraph of Section 6805 of the Municipal Code relating to CATV Pursuant to instruction of City Council at their regular meeting of June 5, 1973, City Attorney Martin presented Ordinance No. 73 -374, AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE FIRST PARAGRAPH OF SECTION 6805 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CATV, by title only. Councilman Gilbertson moved to waive further reading, seconded by Councilman Merritt and carried. B. THETA CABLE OF CALIFORNIA - Amendment to Franchise Agreement Re: Franchise Fee. As instructed by City Council at their regular meeting of June 5, 1973, City Attorney Martin presented First Amendment to Franchise Agreement, amending Section 1 to conform with FCC regulations. Councilman Merritt moved to approve the amendment and authorize the Mayor and City Clerk to sign, seconded by Councilman Gilbertson and carried. 11. STREET SWEEPING CONTRACT: Renewal of Agreement, Community Disposal Company request for rate increase. As instructed by City Council at their meeting of June 5, 1973, City Attorney presented renewal agreement of the Street Sweeping Contract for the period July 1, 1973 to June 30, 1976. Councilman Gilbertson moved to approve renewal of agreement and rate increase in the amount of ten percent and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 12. SAN GABRIEL VALLEY CAB COMPANY: Request for rate increase. City Manager Koski advised that the San Gabriel Valley Cab Company had requested an increase in fares over their present rate which was established in September 1970, as required by the City's Business License Ordinance. New rates, effective July 1, 1973, were outlined in their letter of June 13, 1973. Councilman Gilbertson moved to approve, seconded by Councilman Merritt and carried. NEW BUSINESS: 13. RESOLUTION NO. 73 -1294 - WARRANTS & DEMANDS, Demand Nos. 8117 through 8204 in the amount of $122,557.62. City Manager Koski presented Resolution No. 73 -1294 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $122,557.62, DEMAND NOS. 8117 THROUGH 8204. Councilman Merritt moved to approve, seconded by Councilman Gilbertson, and carried. Council Minutes, July 3, 1973 ° Page 4 14. RECOMMENDATIONS FROM PARKING COMMISSION m Meeting of June 20, 1973. A. RENEWAL OF AGREEMENT ® Permit to Cross over Pedestrian Mall 1A, Zager -Smith Carpet Company, 9510 Las Tunas Drive City Manager Koski presented background information, advising that under terms of an agreement between the City and Zager -Smith permission to cross over the pedestrian mall is subject to annual review. Councilman Merritt moved to approve permit to cross over Pedestrian 1A, seconded by Councilman Gilbertson and carried by roll call vote: ROLL CALL: AYES: NOES: ABSENT: Councilmen - Merritt, Gilbertson Councilmen - Briggs Councilmen - Dennis, Tyrell B. REQUEST FOR ACCESS OVER PEDESTRIAN MALL, Paul Quakkelstein, 9518 Las Tunas Drive City Manager Koski advised that the owner of the above location has been crossing the mall to park his vehicle between the building and the mall; that he had been advised by the City that crossing the mall was permitted only upon authorization of the City Council; that the Parking Commission had considered his request to continue to cross over the mall and to park behind his building during business hours and recommended approval subject to certain conditions. Councilman Gilbertson moved to deny request seconded by Councilman Merritt and carried, Mr. Paul Quakkelstein, 9518 Las Tunas Drive, addressed the Council stating he felt fails rights were being violated; that the ramp leads only to his building and that parking his vehicle behind the building does not obsttuct the sidewalk at any time; and he felt he should be granted the same privilege as another businessman in his block. Council advised Mr. Quakkelstein that granting such permit would create a potential hazard for pedestrians using the mall and invited him to visit City Hall for the purpose of examining files relating to the formation of Pedestrian Mall IA which terminated egress and ingress across the pedestrian mall except by permit approved by the City Councils 9 C. REQUEST FOR ACCESS OVER PEDESTRIAN MALL IA e Dennis Liepman, 9514 Las Tunas Drive City Manager Koski advised that owner of the above location presently has a workable arrangement with Zager -Smith to use ramp at 9510 Las Tunas Drive for unloading shipments to his place of business, Parking Commission considered applicants request for permission to cross over the mall and recommended approval subject to certain conditions. Councilman Gilbertson moved to deny request, seconded by Councilman Merritt and carried. 15. COMMUNICATIONS: A. John A. Anderson, 9549 Garibaldi Avenue o Request for Reimbursement. On Motion by Councilman Gilbertson, seconded by Councilman Merritt, Council denied request for reimbursement for sidewalk construction by Mr. Anderson in 1966, which was a requirement to building an addition!to property located at 9549 Garibaldi Avenue under the Concurrent Improvement Ordinance then in effect. Council Minutes, July 3, 1973 - Page 5 B. Southern California Rapid Transit District - Request for permit to use public address system. On motion by Councilman Gilbertson, seconded by Councilman Briggs, Council approved request of RTD to use one (1) standard size bus with a public address system to inform residents of Temple City about the July 15th inauguration ceremonies for its new El Monte -Los Angeles Express Busway. C. Temple City Unified School District - Request to waive fee for Solicitor's Permit. On motion by Councilman Gilbertson, seconded by Councilman Merritt, Council approved request by Longden School Principal Gary Goodson, to waive fee for Solicitor's Permit, normally required for door -to -door solicitation, for students to sell products being made in summer school class entitled "Making Money ". D. On request of Temple City Host Lions, Councilman Gilbertson moved to proclaim WHITE CANE DAYS for Temple City to be October 5th and 6th, seconded by Councilman Merritt and carried. E. On request of City of Hope, Councilman Gilbertson moved to proclaim the week of July 14 -20 as CITY OF HOPE WEEK in the City of Temple City, seconded by Councilman Merritt and carried. 16. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: A. Penny Graham, President of Temple City Chamber of Commerce, advised that the first Chamber general membership meeting for 1973 -74 would be held Wednesday, July 11, noon, Santa Anita Bowl. Guest speaker will be Karl L. Koski, City Manager. Mrs. Graham also announced that Thursday, September 6 will be Dodger Night. B. John DeWitt, Youth Commissioner, expressed his thanks to City Council for appointment to the Youth Commission on behalf of Sandy Ragusa and himself. 17. MATTERS FROM CITY OFFICIALS: A. Request for refund of permit fees - F. A. Veltri, dba Paradise Isle, 9568 Las Tunas Drive. City Manager Koski presented requests for refund of fees for Entertainment Permit and Dance Permit by owner of Paradise Isle, advising that entertainment had been conducted prior to• the time of approval by City Council at their meeting of February 20, 1973. In reference to the Dance Permit, Public Hearing was held on March 20, 1973 and Council granted approval of dance permit subject to compliance with building modifications. Subsequently, the business has changed hands and Mr. Veltri, former owner, has made application for refund. Following brief discussion, Councilman Gilbertson moved to deny request for refund, seconded by Councilman Briggs and carried. B. Modification of Street Tree Master Plan City Manager Koski advised that a modification of the Street Tree Master Plan had previously been authorized at 4843, 4826, 5004 and 5222 Doreen Street and at 10647 and 10517 Olive Street, which had been requested by the property owners, and recommended that the City Council approve the modification of the Street Tree Master Plan accordingly. Councilman Merritt moved to approve the modification of Street Tree Master Plan, seconded by Councilman Briggs and carried. Council Minutes, July 3, 1973 ° Page 6 C. Traffic Engineering Survey Re: Section 40802, Vehicle Code (Speed Limits) Council continued the matter of approval of traffic engineering survey prior to reinstatement of radar enforcement pending a report from the Traffic Engineer. D. Resolution No. 73-1295 m Capital Punishment City Manager Koski presented Resolution No, 73-1295 A RESOLUTION OF THE CITY OF TEMPLE CITY REQUESTING THE STATE LEGISLATURE TO ENACT A BILL REQUIRING THE MANDATORY IMPOSITION OF CAPITAL PUNISHMENT UPON ANYONE CONVICTED OF THE FIRST DEGREE MURDER OF A PEACE OFFICER'ENGAGED IN THE PERFORMANCE OF HIS DUTIES by title only. Councilman Merritt observed that Council should support this thinking, but that it should not stop there and he would like to see the penalty extended to include all first degree murders. Council agreed to continue the matter to the next regular meeting to be held July 17, 1973 for further consideration. E. Departmental Budget Request m Fiscal Year 1973 °74, Recreation Personnel City Manager Koski presented background information, advising the matter was brought to Council attention pursuant to questions raised during the budget study session with the Parks and Recreation Com- mission and Parks and Recreation Director, for final Council action to determine the hours and salary increases for recreation leaders as outlined. On motion of Councilman Gilbertson, seconded by Councilman Merritt, matter was continued to the regular meeting to be held July 17, 1973, F. Rental of City -owned property ° 5601 and 5603 Gracewood Avenue. City Manager Koski advised that the city -owned properties at 5601 and 5603 Gracewood Avenue are vacant and requested authority to proceed with rental of the properties until such time as the land is needed for the development of Live Oak Park. Council approved continued rental of subject properties for the period of six months. COUNCIL RECESSED AT 8:50 p.m. TO MEET AS THE COMMUNITY REDEVELOPMENT AGENCY, Council convened as the Community Redevelopment Agency, Mr. Dennis and Mr. Tyrell being absent were excused for cause. Executive Director Koski presented to the Agency the matter requesting funds necessary for appraisal of property within Parcel "B" of the Rosemead Boulevard Redevelop- ment Project in the amount of $13,500 to cover the appraisal services to be provided by Donahue -La Moureaux, Inc. Following staff presentation, the Agency concurred that the appraisals should be undertaken as soon as possible and made a request of the City Council for an advance to the Agency in the amount of $13,500 and instructed the City Attorney to prepare the necessary agreement between the Agency and the appraisal firm outlining the services to be provided. COUNCIL RECONVENED AT 8:52 p.m. Councilman Gilbertson moved to approve request from the Agency for an advance of $13,500 to cover appraisal services and appropriate the funds from the General Fund and amend the budget accordingly, seconded by Councilman Merritt and carried. Councilman Gilbertson directed Council's attention to his analysis of the proposed Con -Flex Deployment and invited their comments. Council Minutes, July 3, 1973 - Page 7 Councilman Merritt expressed concern regarding restricted visibility for traffic entering Rosemead Boulevard from the west approach on Emperor Avenue due to vehicles parking on the west side of Rosemead immediately north of Emperor (in front of the new "7-ll" store) and requested the matter be placed on the agenda of the Traffic Com- mission meeting of July 11, 1973. 180 ADJOURNMENT: On motion of Councilman Gilbertson, seconded by Councilman Merritt, Council adjourned, at 8:55 p.m., to Monday, July 9, 1973, 7:30 p.m0 to make appointments to various City Commissions. Next regular meeting of the City Council will be held on Tuesday, July 17, 1973, in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk 1 1