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HomeMy Public PortalAboutCity Council_Minutes_1973-10-16_Regular 1973CITY OF TEMPLE CITY COUNCIL MINUTES OCTOBER 16,1973 INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:38 p.m. on Tuesday, October 16, 1973, in the Council Chamber of the City Hall. 2. The invocation was given by Pastor Warren L. Howell, Bethlehem Evangelical Lutheran Church, 5319 N. Halifax Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Absent: Also Present: Councilmen - Dennis, Gilbertson, Merritt, Tyrell Councilmen - Briggs City Manager Koski, City Attorney Martin, Assistant to the City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett Councilman Gilbertson moved to excuse Councilman Briggs for cause, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of the City Council held on Tuesday, October 2, 1973, as written, seconded by Councilman Dennis and carried. Junior Girl Scout Troop No. 454 was given recognition by Mayor Tyrell who presented a special certificate to the group. Ruth Daughtery gave a short history of the troop which is sponsored by Cloverly School and has a membership of 26 fourth, fifth, and sixth grade girls. Alene Abraham explained their patrol system and introduced their leader, Mrs. Jean Ristow, and thanked the Council for their invitation to attend the City Council meeting. Mrs. Penny Graham, President, Temple City Chamber of Commerce, presented Mayor Tyrell and Councilman Dennis with a baseball signed by the Dodger players and pictures as a memento of Temple City Night at Dodger Stadium on September 6, 1973. 6. PUBLIC HEARING: 7:30 p.m. Re: Amend Temple City Municipal Code relating to Zone Classification for automotive steam cleaning. City Manager Koski presented background material, stating the Planning Commission, on October 4, 19739 clarified that steam cleaning, as an incidental or secondary use, is generally per- mitted with auto repair, car washes and automobile service stations in C -2 and other less restrictive commercial zones; however, re- affirmed their previous position that 'automotive' steam cleaning, as a principal business, is an M -1 use, and recommends that it be included in the M -1 zone as a permitted use without a conditional use permit. Mayor Tyrell declared the Public Hearing open, and invited those present who wished to speak for or against the Ordinance to come forward. No one came forward to speak. Councilman Gilbertson moved to close the Public Hearing, seconded by Councilman Merritt and carried. City Attorney Martin presented Ordinance No. 73 -376 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW PARAGRAPH 6A TO SECTION 9410 AND AMENDING SUBSECTION 38 OF SECTION 9202 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERMITTED USES IN THE M -1 ZONE by title only. Council Minutes, October 16, 1973 - Page 2 Councilman Gilbertson moved to waive further reading, seconded by Councilman Dennis and carried. 7. PUBLIC HEARING: 7:30 p.m. Street Improvements (Curb, Gutter and Drive Approaches, pursuant to Chapter 27, Streets and Highways Code) A. LONGDEN AVENUE, both sides, Rosemead Blvd. to Loma B. LONGDEN AVENUE, south side, Eaton Wash to Rosemead C. AGNES AVENUE, west side, La Rosa Drive to Key West D. CLOVERLY AVENUE, east side, Live Oak Avenue to Wedgewood City Manager Koski presented background material, stating that the Traffic Commission in July of 1970 requested an investi- gation of installing curb and gutter on Longden Avenue; result of the investigation was to recommend curb and gutter be installed, but the project was held in abeyance until completion of the 1970 Storm Drain Bond Issue projects which are scheduled to be completed in December, 1973. Petitions have been circulated to property owners, results of which are set forth in memo dated October 11, 1973 and on file in the City Clerk's office. The City Council at its regular meeting of September 18, 1973, set public hearing, pursuant to Chapter 27, Streets and Highways Code, for October 16, 1973; affected property owners have been notified as provided by law. Mayor Tyrell declared the Public Hearing open, and invited those present who wished to speak for or against the Ordinance to come forward. Mr. Ian Jamieson, 8768 E. Longden Avenue, stated he was in favor of the project, but questioned the width of the concrete for a corner radius, and whether the sidewalk would be adjacent to the curb. Mr. Jamieson was advised that the sidewalk would be adjacent to the curb and would be 5' wide at the radius. Mrs. Gerald Parody, 9128 Lonqden Avenue, questioned the cost of installation to the homeowner. City Manager Koski explained the property owner would be responsible for the cost of curb and gutter, less $ .50 per lineal foot, which would be paid by the City. In answer to Mrs. Parody's question regarding the width of the street, City Manager Koski advised that the street will be 40', the same as its present alignment. Mrs. Ann Rockwell, 6273 Avon Avenue, expressed concern that she had not received the letter to property owners regarding installa- tion of curb and gutter and also inquired as to cost to the property owner. City Manager Koski explained that a letter had gone to all property owners in May indicating funds had been budgeted by the City and it was now time to consider the benefits of the program. The City had received petitions from the property owners and'' Council was now considering the worthiness of the project,. He also explained that in addition to the $ .50 per lineal foot the City will pay, all other expenses, such as engineering, inspection, paveout, and sidewalks would be assumed by the City. Mr. Mark Hall, 8922 E. Longden Avenue, advised he has concerns regarding maintenance and would Tike to have curb and gutter, how- ever, feels there is a drainage problem from the Shell Station recently constructed. Council directed staff to investigate. Mr. James Weiner,62.72 Avon Avenue, stated that the first letter he received from the City gave the impression the project was entirely up to the property owners, and he does not agree that curb and gutter would affect traffic control and was, therefore, against the project. Council Minutes, October 16, 1973 - Page 3 Mr. Ronald Carter, 8862 Longden Avenue, stated that he felt to improve traffic control, restrictions should be p 1"aced on the north side of Longden Avenue, he does not agree curb, gutter and sidewalk would do it; the streets are not swept regularly and he cleans his portion of the street; has talked with people in his block since the initial letter and many have higher priorities for improvement. It was explained to Mr. Carter that the City has no jurisdiction over the north side of Longden Avenue which is in the County. Mr. Joseph Nagy, 8854 Longden Avenue, inquired as to cost to in- stallcurb, gutter and sidewalk. He was advised the approximate cost would be $2.50 - $2.95 per lineal foot for curb and gutter, City to pay cost of sidewalk installation, and the manner of pay- ment of assessment was explained to Mr. Nagy. Mr. Leneous Rockwell, 6273 Avon Avenue, stated he failed to see how the City's installing sidewalks will facilitate the ability of children getting to school safely. City Manager Koski explained that it is well founded that when sidewalks are provided children will use those sidewalks and receive protection by separating them from vehicular traffic on the roadway. There being no one else to come forward to speak, Councilman Gilbertson moved to close the public hearing, seconded by Councilman Dennis and carried. Councilman Gilbertson moved to find C. AGNES AVENUE, west side, La Rosa Drive to Key West, and D. CLOVERLY AVENUE, east side, Live Oak Avenue to Wedgewood projects in the public interest and to instruct the Superintendent of Streets to cause the work to be done during the current fiscal year, and appropriate the necessary funds and amend the FY 73 -74 budget accordingly. Councilman Merritt seconded the motion and carried. Councilman Merritt moved to find A. LONGDEN AVENUE, both sides, Rosemead Blvd., to Loma project in the best: public interest and to instruct the Superintendent of Streets to cause the work to be accomplished during the current fiscal year, seconded by Councilman Dennis and carried. In closed discussion, concern was expressed regarding accomplishing the installation of curb, gutter and sidewalk in some blocks and not others of the B. LONGDEN AVENUE, south side, Eaton Wash to Rosemead Blvd. project. Councilman Gilbertson moved to reopen the public hearing and continue Project B to November 6, 1973, seconded by Councilman Merritt and carried. 8. APPEAL FROM PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 73 -402, 9415 Las Tunas Drive City Manager. Koski presented background material, stating the Planning Commission held public hearing at their regular meeting of September 11, 1973 and had denied the conditional use permit to establish and operate a fun arcade for lack of adequate parking facilities and the proposed use would have detrimental effect on surrounding properties; the City Council, at their regular meeting held October 2, 1973 moved to hear this case on the record at their regular meeting of October 16, 1973. City Council certified they had reviewed the record and visited the site and were familiar with the case. Councilman Gilbertson felt there is a definite parking problem existing with this type of business; that the hours of operation indicate it will be dependent on patrons with vehicles; that the noise level will increase; that he generally is in favor of this type of activity. Council Minutes, October 16, 1973 - Page 4 Councilman Dennis felt that this type of facility will be used mainly by junior high age group; however, would expect each young adult with a vehicle, because of inadequate parking facilities, might park in adjacent parking facilities. Councilman Merritt moved to deny the appeal, seconded by Mayor Tyrell and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Gilbertson, Merritt, Tyrell NOES: Councilmen - Dennis ABSENT: Councilmen - Briggs 9. PUBLIC HEARING: 7:30 p.m. Re: DANCE PERMIT - HERITAGE INN, 8905 E. Las Tunas Drive City Manager Koski presented background information, stating that in August, 1973, Maer, Inc., applied for Entertainment Permit for this location, a public hearing was held before the City Council on August 28, 1973, and was approved, and since that date they have determined they would like to be permitted to have dancing as well. Notice of Public Hearing was posted; the Sheriff's Department has conducted a thorough investigation and have indicated no reason for denial of the application. Mayor Tyr'e1,1 'declared the Public Hearill4: open, and invited those'' present who wished to .speak for or against the dance permit to come forward. There being no one come forward to speak for or against the dance permit,._ Councilman Gilbertson moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Gilbertson moved to approve request for dance permit subject to the conditions attached to memo dated October 12, 1973, seconded by Councilman Dennis and carried. 10. 1973 -74 STREET LIGHT PROGRAM - Various Select System Streets and Subdivisions. City Manager Koski presented background information, stating the City's FY 1973 -74 budget provides for energy and maintenance for six street lights to be installed on Live Oak Avenue between Glickman Avenue and El Monte Avenue; six lights on Golden West Avenue from Olive Street to the southerly terminus; and six lights on Ellis Lane, currently in Temple City Municipal Lighting District Zone B. The properties to receive benefit from the improved light- ing program are recommended for annexation to Zone A. In addition, three subdivisions, Tracts 29535, 30308, and 29825, approved and completed in prior years, are also recommended to be annexed to Zone A. Councilman Gilbertson moved to adopt Resolution No. 73 -1311 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING RELATING TO AN ADJUSTMENT OF ITS STREET LIGHTING ZONE BOUNDARIES by title only, setting public hearing for November 20, 1973, and authorize staff to obtain assist- ance in preparation of legal descriptions, seconded by Councilman Dennis and carried. 11. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of November 6, 1973 - SET PUBLIC HEARING Re: Environmental Impact Report, Tentative Tract Map No. 31886 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held October 9, 1973, approved the Environmental Impact Report and Tentative Tract Map No. 31886, subject to City Council review. The proposed subdivision would consist of a 32 -unit condominium, located in an R -3 zone, south of Daines Drive on the eastern side of McCulloch Avenue. Council Minutes, October 16, 1973 - Page 5 Councilman Merritt moved to set public hearing on the Environmental Impact Report relating to Tentative Tract Map No. 31886 for November 6, 1973, seconded by Councilman Dennis and carried. 12. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of October 3, 1973. A. MUSCATEL AND HERMOSA DRIVE - Additional Regulations City Manager presented background material, stating that an investi- gation of the intersection of Muscatel Avenue and Hermosa Drive- to determine the reason for the number of accidents at the intersection had been requested by a property owner; subsequent investigation by Traffic Engineer George Envall showed there had been five accidents within a year and the intersection now meets one warrant for making it a four -way boulevard stop. The Traffic :.Commi,ss: ion recommends placing boulevard stop signs on Muscatel Avenue at approaches to Hermosa Drive, with stop and stop bar pavement markings. Councilman Gilbertson moved to approve the Traffic Commission recommendation to place boulevard stop signs on Muscatel Avenue at approaches to Hermosa Drive, with stop and stop bar pavement mark- ings, seconded by Councilman Merritt and carried. B. CROSSING GUARD LOCATIONS City Manager Koski presented background information, stating that the two crossing guard locations were reviewed by the Traffic Commission at their meeting of October 3, 1973 and 1) Traffic Commission recommends relocation of the school crosswalk and the crossing guard to the easterly line of Warren Way across Live Oak to correspond to the newly constructed sidewalk and the crossing guard across Las Tunas Drive at the elementary school; 2) Traffic Commission recommends relocation of the crosswalk location from Cal1ita to Emperor Avenue at the north line with all appurtenant signing and pavement markings. Councilman Merritt moved to approve the Traffic Commission recom- mendations 1 and 2 per memo dated October 11, 1973, seconded by Councilman Dennis' and carried. 13. COMMUNITY DISPOSAL COMPANY AGREEMENT: Extension Agreement - Request for rate increase City Manager Koski presented background material, stating that the agreement entered into on August 8, 1960 between the City and Community Disposal, agreed to a provision of adjusting the rate of refuse collection based upon the increase in the cost of living determined by the Consumer Price Index as prepared by the U. S. Dept. of Labor, Bureau of Labor Statistics; the last request for a change in rate was submitted to be effective September 1, 1971 and was approved by action of the City Council July 20, 1971. Councilman Gilbertson moved to amend the Extension Agreement and instruct the City Attorney to prepare the amendment as requested in Community Disposal's letter dated. September 11, 1973 and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried. 14. RESOLUTION NO. 73- 1309: Employment of Personnel Councilman Merritt moved to adopt Resolution No. 73 -1309 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINT- ING PERSONNEL, seconded by Councilman Dennis and carried. Council Minutes, October 16, 1973 - Page 6 15. RESOLUTION NO. 73 -1310: WARRANTS AND DEMANDS, Demand Nos. 8726 through 8817, in the amount of $55,292,12. Councilman Merritt moved to adopt Resolution No. 73 -1310 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOW- ING CLAIMS AND DEMANDS IN THE SUM OF $55,292.12, DEMAND NOS. 8726 THRU 8817, seconded by Councilman Gilbertson and carried. 16. COMMUNICATIONS: A. MUSCULAR DYSTROPHY ASSOCIATION OF AMERICA - Request for Proclamation Council supported the Mayor proclaiming the month of December, 1973 as MUSCULAR DYSTROPHY MONTH. B. CHURCH WOMEN UNITED - Request to solicit for UNICEF City Manager Koski presented letter from Church Women United to solicit funds for UNICEF, Sunday, October 28, 1973 through Wednesday, October 31. Councilman Gilbertson stated he was not in favor of approving the request, that the request interfered with the children participat- ing.in City sponsored Halloween activities. Councilman Merritt did not approve of soliciting for funds to be sent overseas, with no benefit whatever to the community. Councilman Dennis moved to approve the request to solicit funds for UNICEF, seconded by Mayor Tyrell, and motion failed on a roll call vote: ROLL CALL: AYES: Councilmen - Dennis NOES: Councilmen- Gilbertson, Merritt, Tyrell ABSENT: Councilmen - Briggs 17. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mr. Luis Gracia, _5.921.N. Kauffman Avenue, spoke to the matter of the Ivanhoe operation; the noise emanating from the premises; their refusal to cooperate with their neighbors registering com- plaints. Mr. Gracia indicated that he 'and some of his neighbors have received threats from Ivanhoe patrons. Councilman Gilbertson moved to set public hearing on November 6, 1973 to determine whether a public nuisance exists, seconded by Councilman Merritt and carried. Mr. Leneous Rockwell, 6273 Avon Avenue, expressed displeasure at finding his trash cans in the middle of the street and feels that the trash collector should make sure the cans are on the property. It was pointed out to Mr. Rockwell that sidewalks would improve that kind of situation. Council directed staff to contact Community Disposal Company to request their cooperation. Mrs. Gerald Parody, 9128 Longden Avenue, expressed concern for children with bad bicycle riding habits and the safety of children canvassing the neighborhood for odd jobs. Mrs Parody also expressed displeasure concerning throw -away newspapers cluttering her property. Mr. Jerry Seibert,6148 Hart, expressed thanks to the City Council for the opportunity to participate in the Community Seminar held at Kellogg -West, October 9, 1973. Mayor Tyrell expressed his appreciation to the many residents who gave up their Saturday to attend the seminar and felt City Council learned a great deal about citizens attitudes. Council Minutes, October 16, 1973 - Page 7 18. MATTERS FROM CITY OFFICIALS: A. Appeal from Traffic Commission denial of overnight parking permit - Samuel Alfano, 9443 E. Pentland Avenue City Council concurred the matter should be continued to the regular meeting of November 6, 1973, approving a temporary permit in the interim. B. Appeal from Traffic Commission denial of overnight parking permit - Ray Phillips, 9418 Kennerly Avenue City Council concurred the matter should be continued to the regular meeting of November 6, 1973, approving a temporary permit in the interim. C. Disposal of Surplus Equipment Councilman Dennis moved to accept the Boatright & Associates bid for three typewriters and authorize the City Manager to dispose of same, seconded by Councilman Gilbertson and carried. D. Request for Recreation Supervisor to attend workshop - November 4 and 5, 1973. City Manager Koski presented request for Cal Rietzel, Recreation Supervisor to attend a training workshop sponsored by the Supervisor's Section of the California Parks and Recreation Society on November 4 and 5, 1973 at a cost of $35 for which funds are available. Councilman Dennis moved to approve request, seconded by Councilman Gilbertson and carried. E. Municipal Election, April 9, 1974 - Proposal for Services City Manager Koski presented a proposal by Martin & Chapman to provide election services and supplies for the General Municipal Election to be held April 9, 1974, in the estimated amount of $1,947.22, based on 16 combined precincts. Councilman Gilbertson moved to accept Martin & Chapman proposal, seconded by Mayor Tyrell and carried. F. Resignation of Youth Commissioners Mayor Tyrell directed Council's attention to letter of resignation received from John W. DeWitt and Janice Murasko. Councilman Merritt moved to accept the resignations of John DeWitt and Janice Murasko, with regret, seconded by Councilman Dennis and carried. G. Telephone Interconnect: Temple City Blvd., Live Oak to Lower Azusa - Pedestrian Heads at Olive Street and Temple City Blvd. to Broadway and Temple City Blvd. City Manager Koski presented background information, stating that Traffic Signal Maintenance Company had prepared an estimate for the installation of the telephone interconnect along Temple City Blvd. and for pedestrian heads at the Temple City Blvd. intersections of Olive Street' and Broadway. It is necessary to replace the controller at Broadway and Temple City Blvd. in order to install both the telephone interconnect and the pedestrian heads as the controller is antiquated and re- placement parts are no longer available. 1 1 Council Minutes, October 16, 1973 - Page 8 Councilman Gilbertson moved to appropriate an additional $795 in order to perform the work and amend the FY 73 -74 budget accordingly and instruct the Superintendent of Streets to cause the work to be performed, seconded by Councilman Dennis and carried. H. Tree Removal Request - Mr. Howard Hudson, 6049 Encinita Avenue Having reviewed the Maintenance Superintendent's tree inspection report and recommendation, Council approved request to remove an Elm tree located in the parkway of subject property and replant with a more desirable variety of street tree. I. Councilman Dennis stated that after having read a great deal of literature concerning Proposition #1, he would now lean toward support of the proposition, having abstained from voting on the issue October 2, 1973. 19. ADJOURNMENT: At 9:35 p.m. Council adjourned to a Study Session. Next regular meeting of the Council to be held on November 6, 1973, at 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk