HomeMy Public PortalAboutCity Council_Minutes_1973-11-06_Regular 1973CITY OF TEMPLE CITY
COUNCIL MINUTES
NOVEMBER 6,1973
INITIATION:
1. Mayor Tyrell called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, November 6, 1973, in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend David Willett, Pastor,
IIITemple City Brethren Church, 5537 N. Temple City Boulevard.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
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Present: Councilmen- Briggs, Dennis, Gilbertson, Merritt,
Tyrell
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
to the City Manager Biel, Planning Director
Dragicevich
5. APPROVAL OF MINUTES:
Councilman Gilbertson moved to approve the minutes of the regular
meeting of the City Council held on Tuesday, October 16, 1973, as
written, seconded by Councilman Dennis and carried; Councilman
Briggs abstaining.
Brownie Troop No. 543 was given recognition by Mayor Tyrell who presented
a special certificate to the group. Janel Anderson and Sherry Truppelli
presented a graphic display of the activities of their troop and
introduced their leader, Mrs. Robert Anderson.
The Senior Service Club of Temple City High School was given recognition
by Mayor Tyrell who presented a special certificate to representatives
Sheri Rand and Bruce Workman, honoring the group for their assistance to
the City and the Recreation Department in providing . a very successful
Halloween Carnival to the children of the City on October 31, 1973.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 73 -376: 2nd read. Re: Amend Temple City Municipal
Code relating to Zone Classification for automotive steam cleaning.
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. Councilman Gilbertson moved to waive further reading
and adopt, seconded by Councilman Merritt and carried unanimously.
7. PUBLIC HEARING: 7:30 p.m. Street Improvements (Curb, Gutter and
Drive Approaches, pursuant to Chapter 27, Streets and Highways
Code) LONGDEN AVENUE, south side, Eaton Wash to Rosemead Blvd.
City Manager Koski presented background information, stating the
City Council at its regular meeting of October 16, 1973, continued
the public hearing on subject project to allow staff to contact
the property owners within the blocks that have less than 60%
signatures on. signed petitions. There remains two blocks with
less than 60% of the property owners who signed petitions; however
it would be illogical to separate the two blocks from the rest of
the project and negate any benefits to be derived from the
improvements.
Lt. Dick Wallace of the County Sheriff's Department advised that
traffic cars had made special effort to reduce the traffic problems
in the area and felt that the installation of curbs, gutters and
sidewalks, facilitating separation of pedestrian traffic from
Council Minutes, November 6, 1973 - Page 2
vehicular traffic would improve highway safety.
Mr. Joseph Nagy, 8854 Longden Avenue, stated he was against the
project, stating that children ride their bicycles on the dirt
at the present time which he feels is less dangerous if they should
fall than riding in the street or on
sidewalks.
There were no other persons come forward to speak. Councilman
Gilbertson moved to close the public hearing, seconded by Councilman
Briggs and carried.
Councilman Briggs certified that he had read all of the material
submitted to City Council and was familiar with the minutes of
the October 16, 1973 meeting and was qualified to make a judgment
on the matter.
In discussing the matter, the Council was of the opinion that
despite individual problems, it is vitally important to separate
pedestrian traffic from vehicular traffic and provide for the
safety of all children; that individual testimony of people in the
area supports the need for such a project; that the installation
of curbs, gutter and sidewalk will provide better drainage, street
maintenance and pedestrian safety. Councilman Gilbertson moved to
find that the project is in the best public interest and instruct
the Superintendent of Streets to cause the work to be performed
during the current fiscal year. Councilman Briggs seconded and
motion carried on a roll call vote:
ROLL CALL:
AYES: Councilmen- Briggs, Dennis, Gilbertson, Merritt, Tyrell
NOES: Councilmen -None
. PUBLIC HEARING: 7:30 p.m. Re: Environmental Impact Report, Tentative
Tract Map No. 31886, east side of McCulloch Avenue south of Daines Dr.
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held October 9, 1973,
considered and 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 to be located
in an R -3 zone, south of Daines Drive, on the eastern side of
McCulloch Avenue. City Council, at their regular meeting of
October 16, 1973, set public hearing for the purposes of reviewing
the Environmental Impact Report and under Sections 305 and 306 of
the Subdivision Act to review Planning Commission approval of
Tentative Tract No. 31886 subject to the conditions as outlined in
Resolution 73- 526PC.
Planning Director Dragicevich gave the staff report, stating the
applicant proposed to create a one -lot subdivision on three existing
parcels totalling 64,200 sq. ft. He explained the plot plan marked
Exhibit "A "; the area surrounding the subject property is developed
basically single family dwellings; proposed density is 21 units per
acre; the General Plan indicates a density of 7 -15 units per acre;
there would be increased demand for services, traffic, noise and
air pollution; for each unit the developer will provide 475 sq. ft.
of open space.
City Attorney Martin advised Council at this time to continue the
public hearing, with the consent of the applicant, to the regular
meeting of December 4, 1973, to give Council the opportunity to
consider means of making the subdivision consistent with the
General Plan as required by California Government Code Section 65860.
Mr. Eldon Bowen, 5912 N. Encin to Avenue, stated that a continuance
of public hearing to December 4, 1973, was agreeable to him.
Mr. Robert Sparks, 5447 McCulloch, stating he could not be in
attendance at the December 4 meeting, voiced his objection to the
development in light of a possible increase to an already overcrowded
school and because of the increase in traffic.
Council Minutes, November 6, 1973 - Page 3
Councilman Merritt moved to continue the public hearing to the
regular City Council meeting of December 4, based on the consent
of the developer, seconded by Councilman Briggs and carried.
9, APPEAL FROM TRAFFIC COMMISSION DENIAL FOR OVERNIGHT PARKING PERMIT,
Samuel Alfano, 9443 E. Pentland
City Manager Koski presented background information, stating the
Traffic Commission, at their regular meeting held October 3, 1973,
denied without prejudice Mr. Alfano's application for an overnight
parking permit; that Mr. Alfano had been advised of his right to
appeal and a written appeal was received from Mr. Alfano on
October 16, 1973, at which time Council continued the matter to
their meeting of November 6, 1973, to consider the appeal.
Mr. Samuel Alfano, 9443 Pentland Street, addressed the Council
stating that it is impossible to get two cars into his garage;
that he shares a common drive which cannot be used for parking;
that his garage houses laundry equipment, lawn mower and
power equipment.
In closed discussion, Councilman Merritt felt that the applicant
should have some relief; Councilmen Briggs and Gilbertson felt
there was a definite problem in storing a second car in the garage
with an entrance of 16'; Councilman Dennis agreed that there is an
inconvenience involved, however there is adequate room for off -
street vehicular parking on the premises.
Councilman Briggs moved to grant Mr. Alfano's request for an
overnight parking permit, seconded by Councilman Gilbertson and
carried on a roll call vote:
ROLL CALL:
AYES:
NOES:
Councilmen- Briggs, Gilbertson, Merritt, Tyrell
Councilmen- Dennis
Staff was instructed to issue an overnight parking permit for
the remainder of the year.
10. APPEAL FROM TRAFFIC COMMISSION DENIAL FOR OVERNIGHT PARKING PERMIT,
Ray Phillips, 9418 Kennerly
City Manager Koski presented background information, stating the
Traffic Commission, at their regular meeting held October 3, 1973,
denied without prejudice Mr. Phillips' application for an overnight
parking permit; that Mr. Phillips had been advised of his right to
appeal and a written appeal was received from Mr. Phillips on
October 16, 1973, at which time Council continued the matter to
their meeting of November 6, 1973, to consider the matter.
Mr. Greg Philli s, 9418 Kennerly, son of the applicant, stated
t ey ave no room in their garage for a car, 1/2 of the space
being used as an office; eight bicycles are stored in the garage;
that four cars could not be accommodated in the driveway.
In closed discussion Council questioned staff about the applicant's
ability to park four cars in the driveway and were advised that,
in their opinion, it could be done.
Councilman Briggs moved to sustain the Traffic Commission's finding,
seconded by Councilman Merritt and carried on a roll call vote:
ROLL CALL:
AYES:
NOES:
Councilmen - Briggs, Dennis, Merritt, Tyrell
Councilmen - Gilbertson
Council Minutes, November 6, 1973 - Page 4
11. PUBLIC HEARING: 7:30 p.m. Re: Determination of Public Nuisance -
Ivanhoe, 9669 E. Las Tunas Drive
City Manager Koski presented background information, stating that
following complaints concerning the operations at Ivanhoe Bar
at their meeting held October 16, 1973, City Council set public
hearing for November 6, 1973 to determine if a public nuisance
exists. Staff contacted all of the residents who had signed
a petition submitted to the District Attorney, as well as the
owners of the Ivanhoe, and requested they be in attendance. The
Sheriff's Department was also contacted and requested to prepare
a complete report as to complaints received from residents and
to initiate a minimum of two checks per car per tour of duty.
Lt. Dick Wallace County Sheriff's Department, spoke to the
matter stating the area cars are making no less than two checks
per car per shift for the past month and have been unable to
substantiate that there is a continuing harassment of neighbors,
that the owners have installed a second door at the rear entrance
to the location which should be effective in reducing the noise
emanating from the establishment, and that it is the owner's
intention to construct a porch around the rear of the location
installing yet another door.
Mrs. Connie Gracia, 5921 N. Kauffman, addressed the Council
stating she cannot sleep in her own bedroom because of the noise
from arguments in the parking lot, cars race up and down the
parking lot, patrons of the Ivanhoe run through her yard shouting
profanities, the disturbances last usually until 3:30 a.m. Mrs.
Gracia stated that in the last two weeks she has called the
Sheriff's station 11 times.
Mr. Rubin Salazar, 5921 N. Kauffman, stated he has problems
sleeping, that when he leaves for school in the morning he
usually picks up beer cans left on their lawn.
Cro55
Mrs. rss-, 5918 N. Kauffman, stated she has lived at her present
address for the past two months and is bothered every night by
the noise after Ivanhoe closes, specifically, girls screaming
and racing engines.
Mr. Charles Jensen, 5837 N. Kauffman, stated that he or his
wife called the Sheriff's station on the average of three times
per week from May to October 1972, and at that time talked with
Captain Trask at the station and had circulated a petition; that
his wife has since become ill and because of the disturbances
they have put their house up for sale.
Mrs. Hably, 5918 N. Kauffman, stated that every weekend the
disturbances occur with cars racing through the parking lot and
she felt a chain should be installed across the lot to stop the
cars from racing in and out.
Luis Gracia, 5921 N. Kauffman, stated that he has neighbors who
have moved because of the noise and as an apartment owner he
could lose tenants as a result of the disturbances; that since
the petition was signed the patrons have made more noise; that
he had more signatures for the petition he had circulated.
Mr. Jack Hill, 5931 N. Kauffman, stated that he has seen patrons
roaming the streets in a drunken condition and that his wife
is afraid to go out on the street at night.
Mrs. Minnie Hathaway, 5918 N. Kauffman, stated she personally
experienced the complaints already stated and that once your
awakened it is difficult to get back to sleep.
Council Minutes, November 6, 1973 - Page 5
Mr, John Cook, owner of Ivanhoe Bar, 9669 Las Tunas Drive,
spoke to to matter advising that they have taken steps to
improve the situation and feels it has been improved in the
last several weeks, that he has stopped emptying trash cans
after hours, and he has asked the police officers to make
patrons leave parking lot as soon as they come out. Mr. Cook
also stated that he took a partner into the business so that
they could provide better control - that is, one of the
partners inside, the other outside.
Following brief discussion concerning methods by which the
disturbances could be eliminated; such as, the use of the rear
door for emergency only, reducing the volume of the music,
providing a security guard to supervise the public parking lot
to the rear of the Ivanhoe and in the immediate surrounding
area from 10:00 p.m. to 3:00 a.m., City Attorney Martin advised
that the hearing be the first of two and to continue the matter
to the regular meeting of December 4, 1973, to give the owners
of the Ivanhoe the opportunity to correct the problems to the
extent they exist and report at that time what has been
accomplished. Mr. Cook agreed to the use of the rear door for
emergency only, reducing the volume of the music, and to provide
a security guard to supervise the public parking lot between the
hours of 10:00 p.m. and 3:00 a.m.
Councilman Merritt moved to continue public hearing to the
regular meeting of December 4, 1973, seconded by Councilman
Briggs and carried.
City Attorney Martin advised Mr. Cook, owner of Ivanhoe, that
he had heard testimony given by surrounding residents and had
not disputed any of the testimony, and at this point if he did
not correct the problems and Council finds that a nuisance
exists, Council has the remedy, including a charge in court that
he is operating a public nuisance and also revocation of his
entertainment permit and business license or Alcholic Beverage
license. Mr. Cook was advised that between this hearing and
December 4, 1973 he had best find a solution to the problem.
12. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting
of October 17, 1973.
A. JOINT USE OF TEMPLE CITY HIGH SCHOOL TENNIS COURTS
City Manager Koski presented background material, stating that
at their regular meeting held August 7, 1973, City Council '
considered the Parks and Recreation Commission's recommendation
to enter into negotiations with the Temple City Unified School
District to improve the tennis courts at Temple City High School,
and referred the matter back to the Parks and Recreation Commission
requesting they explore further the possible utilization of the
tennis courts, either in their present condition or present
,specific recommendations as to how they.may be made more available.
Following meetings between staff and Parks and Recreation Commission
and school district personnel, the Parks and Recreation Commission,
at their regular meeting of October 17, 1973, recommended to City
Council entering into negotiations with the school district as set
forth in their memo dated October 19, 1973 and on file in the City
Clerk's office.
Councilman Gilbertson stated that he was agreeable to entering
into negotiations with the school district to improve the courts
for public use, but did not feel that the mixed use of the
courts for tennis and basketball would be workable.
Councilman Dennis generally approved the recommendations of the
Parks and Recreation Commission but felt that a more equitable
financial arrangement could be negotiated, thereby insuring more
recreation area for the citizens of the community.
Council Minutes, November 6, 1973 - Page 6
Councilman Briggs felt that the City should have control over
courts during the time proposed that the City have jurisdiction
and that this could not be done without supervision.
Councilman Merritt agreed with the recommendations of the Parks
and Recreation Commission to the extent the courts could be used
for tennis and basketball, but felt perhaps it would be more
desirable to have two courts for tennis and two courts for
basketball.
Mayor Tyrell was of the opinion that if the City committed itself
to the financial responsibility as recommended by the Parks and
Recreation Commission, all recreation sponsored lessons should
be conducted on the courts at the high school to free the tennis
courts at Live Oak Park for general play; that the high school
tennis team be scheduled only during school hours; that the
mixed use of the courts for tennis and basketball was incompatible;
and that the school district should release some of their funds
which are dedicated, by law, to community purposes for the
improvements necessary.
Everett Greenberg, Parks and Recreation Commission, in answer to
questions put to him by the Council, stated that the school district
has maintained that they cannot relocate the basketball courts,
that the Parks and Recreation Couunission held an adjourned meeting
at the site to discuss their present condition and specific
improvements, that it was their feeling that players using the
high school courts were of the type who wanted to bat balls back
and forth, and that the Commission looked on the recommended
improvements as a benefit to the community.
Councilman Dennis moved to approve the recommendations of the
Parks and Recreation Commission with modification in the financial
responsibility; specifically, Items 1 (a), (b) and (c), and 2 (a)
as the assumed responsibility of the City, and Items 2 (b) and (c)
spread 50/50 between the City and the school district. Councilman
Merritt seconded the motion which failed to carry on a roll call
vote:
ROLL CALL:
AYES:
NOES:
Councilmen- Dennis, Merritt
Councilmen- Briggs, Gilbertson, Tyrell
B. RE- COSPONSORSHIP OF TEMPLE CITY CHIEFS LACROSSE CLUB
City Manager Koski advised that the Temple City Chiefs Lacrosse
Club was originally cosponsored by the City in1963, and that
yearly requests for renewal had been granted by the City for
this self - governing and self- sustaining group, and that the
Parks and Recreation Commission again recommended renewal of
re- cosponsorship. Councilman Merritt moved to approve as
recommended, seconded by Mayor Tyrell and carried unanimously.
13. INSTALLATION OF STREET LIGHTS - Camellia Avenue, from 660' north
of Garibaldi to Garibaldi Avenue
City Manager Koski presented background information, advising
that the City has budgeted $480 for the installation of four
steel light standards and street lights on Camellia Avenue
within the subject limits during the fiscal year 1973 -74. There
has been an increase in the cost of steel poles and staff
recommends the appropriation of an additional $32 for the
installation for a total of $512.
Councilman Dennis moved to approve the appropriation of budget
funds to include an additional $32 for the installation of four
street lights on Camellia Avenue and instruct the Superintendent
of Streets to cause the work to be accomplished, seconded by
Councilman Merritt and carried unanimously.
Council Minutes, November 6, 1973 - Page 7
14. RESOLUTION NO. 73 -1312: Employment of Personnel
Councilman Gilbertson moved to adopt Resolution No. 73 -1312
entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY APPOINTING PERSONNEL, seconded by Councilman Merritt
and carried.
15. RESOLUTION NO. 73 -1313: WARRANTS & DEMANDS, Demand Nos. 8818
through 8929 in the amount of $49,052.98.
Councilman Gilbertson moved to adopt Resolution No. 73 -1313,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ALLOWING CLAIMS AND DEMANDS, DEMAND NOS. 8818 THRU 8929, IN
THE SUM OF $49,052.98, seconded by Mayor Tyrell and carried.
16. COMMUNICATIONS:
A. Bruce Harris, 4825 N. Willard, Rosemead - Claim for damages
to camper occuring at 4840 N. Glickman Avenue.
A communication dated October 29, 1973, from Bruce Harris,
4825 N. Willard, Rosemead, submitting claim for damage to
camper which struck limb of parkway tree on September 21,
1973, at 4840 N. Glickman Avenue. Councilman Gilbertson
moved to deny and to refer to the City's insurance carrier,
seconded by Councilman Briggs and carried.
B. Temple City High School - request to hold fireworks display.
A communication dated November 6, 1973, requesting permission
to hold fireworks display in conjunction with the Temple City
High School Homecoming Ceremony Friday, November 9, 1973.
Councilman Briggs moved to approve request subject to approval
of the County Fire Department and the required certificate of.
insurance, seconded by Councilman Gilbertson and carried.
17. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK:
No one came forward.
18. MATTERS FROM CITY OFFICIALS:
A. Donation of $100 by Temple City Kiwanis Club - Halloween Carnival
Councilman Dennis moved to accept the donation of $100 from the
Kiwanis Club to provide prizes for the Halloween Carnival held
at Live Oak Park and that a letter of appreciation be sent,
seconded by Councilman Gilbertson and carried.
B. Councilman Gilbertson expressed concern over the position
taken by the League of California Cities on Proposition #1 prior
to the recent conference, the volumes of literature disseminated
at the conference together with the hard -sell anti position
thereby failing to present a balanced program and advised he had
requested the City Attorney draft a resolution censuring the
Board of Directors of the League of California Cities for Council
review.
Councilman Gilbertson moved to adopt Resolution No. 73 -1314 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
CENSURING THE BOARD OF DIRECTORS OF THE LEAGUE OF CALIFORNIA
CITIES, seconded by Councilman Merritt and adopted on a roll call
vote:
ROLL CALL:
AYES:
NOES:
Councilmen- Briggs, Gilbertson, Merritt, Tyrell
Councilmen- Dennis
Council Minutes, November 6, 1973 - Page 8
C. Councilman Merritt expressed his concern that the news
media fairly report the position taken by the Council regarding
a controversial issue and not condemn one individual as was
done recently to Mayor Tyrell.
19. ADJOURNMENT:
At 9:55 p.m.. Council adjourned to a study session. Next regular
meeting to be held on Tuesday, November 20, 1973, 7:30 p.m.
in the Council Chamber of the City Hall.
ATTEST:
e4,
Chief Deputy City Clerk