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HomeMy Public PortalAboutCity Council_Minutes_1975-07-15_Regular 1975CITY OF TEMPLE CITY CITY COUNCIL MINUTES July 15, 1975 INITIATION: 1. Mayor Gilbertson called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, July 15, 1975, in the Council Chamber of the City Hall I 2. The invocation was given by Reverend David Willett, Temple City Grace Brethren Church, 5537 N. Temple City Boulevard. 3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson. 4. ROLL CALL: Present: Councilmen- Dennis, Greenberg, Merritt, Gilbertson Absent: Councilmen - Tyrell Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Biel, Planning Director Dragicevich, Parks and Recreation Director Kobett Councilman Greenberg moved to excuse Councilman Tyrell for cause, seconded by Councilman Merritt and carried. 5. APPROVAL OF MINUTES: Councilman Dennis moved to approve the minutes of the regular meeting of the City Council held Tuesday, July 1, 1975, as written, seconded by Councilman Merritt and carried. At this time Mayor Gilbertson announced it was the unanimous decision of the City Council to appoint Mrs. Penny Graham to the vacancy created on the Traffic Commission due to the resignation of Kenneth Eastman, following which the Oath of Office was administered by Mayor Gilbertson, Mayor Gilbertson also presented a Mayor's badge to former Mayor Dennis for recognition of his service during the term 1974 -75. OLD BUSINESS: 6. ORDINANCE NO. 75-- 406 -A: 2nd read. RELATING TO MINIMUM LOT WIDTHS IN THE COMMERCIAL ZONES City Manager Koski gave background information, advising City Council, at their regular meeting held July 1, 1975, adopted Resolution No. 75 -406 relating to minimum lot widths in the commercial zones and declaring the urgency thereof and that the ordinance take immediate . effect, and held first reading of Ordinance No. 75 -406 -A which is now being brought before Council for second reading and adoption. City Attorney Martin presented Ordinance No. 75 -406 -A AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9391 (B) AND 9401 (B) OF THE TEMPLE CITY ZONING CODE RELATING TO MINIMUM LOT WIDTHS IN THE COMMERCIAL ZONES for second reading by title only. Councilman Dennis. moved to find the Ordinance exempt under the Environmental Protection Agency and has no Environmental Impact, seconded by Councilman Merritt and carried. Councilman Dennis moved to waive further reading of Ordinance No. 75 -406 -A and adopt, seconded by Councilman Greenberg and carried. 7. ORDINANCE NO. 75 -407: 2nd read. AMENDMENT TO MUNICIPAL CODE RE: SIGN ORDINANCE City Attorney Martin presented Ordinance No. 75 -407 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9326 AND 9321 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO COMMERCIAL AND INDUSTRIAL SIGNS for seconded reading by title only. Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Greenberg and carried. Council Minutes, July 15, 1975 - Page 2 8 ORDINANCE NO. 75 -408: 2nd. read. AMENDMENT TO MUNICIPAL CODE RE: MOTORCYCLE SALES & SERVICE UNDER CONDITIONAL USE PERMIT CATEGORY City Attorney Martin presented Ordinance No 75 -408 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9202 AND 9390 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO CONDITIONAL USES for second reading by title only Councilman Merritt moved to waive further reading and adopt, seconded by Councilman Dennis and carried on a roll call vote, Mayor Gilbertson consenting . only to presentation by title only: ROLL CALL: AYES: Councilmen- Dennis, Merritt, Greenberg NOES: Councilmen- Gilbertson ABSENT: Councilmen- Tyrell 9. ORDINANCE NO. 75' -409: 1st read. AMENDMENT TO MUNICIPAL CODE RELATING .T'O ABATEMENT OF VEHICLES AS PUBLIC NUISANCE City Manager Koski presented background information, stating the City Council, at their regular meeting held June 3, 1975, held public hearing and approved in principle the intent of the proposed ordinance: to amend the Temple City Municipal .Code relating to abate- ment of vehicles as public nuisance and instructed the City Attorney to make the appropriate changes pursuant to testimony given at that time before placing on the agenda for first reading, City Attorney Martin stated the City Council, at this time, is only _considering changes in the, ordinance which has been in existence for a number of year. s , in that they do not ' assume an abandoned vehicle as automatically a public nuisance as the present ordinance implies, but rather to determine if in fact the vehicle is abandoned, and if so, constitutes a public nuisance and become materially detrimental to neighboring \property. Mr. Martin recommended adoption of the ordinance as an amendment to the existing ordinance. Mr. Kenneth `Gillanders ,.4841 Ryland, objected to the proposed ordi- nance.stating,a' etermination of abandonment and public nuisance would be 'a value judgment, that the ordinance: could include motor homes and house trailers, and objected strenuously to Section 4209(a) which states the Planning Commission shall hear all facts and testi- mony it deems pertinent. Mr. Jose h Braun, 9532 Howland, stated his objection to Section 4204 where y t e City Manager or his subordinates may enter upon private or public property to examine a vehicle or parts, which he feels infringes on his rights. as a private citizen and creates the prospect of possible harassment Mr. Sigmund Caswell, 9518 Olive•Street,• expressed his appreciation of Section 4202 excepting a vehicle classified as .a genuine antique, or collector's item, and licensed as -such under'applicable•state law, and did not feel qualified to•conmient regarding the language in the other sections of the proposed ordinance° Mr. Joe Richardson, 10145 La Rosa Drive; requested some clarifica- tion on.a an one vehicies,.stating he has had a vehicle in his back yard for three years which has a current license. Mr. Richardson was advised h,is vehicle was not Mien, abandoned. Councilman Greenberg stated he has some reservations about singling out antique cars as a special interest - group;: :however his - concern is lessenecI.since•it - is written in they must be' licensed as such under applicable state law, Councilman Dennis-stated he felt it was necessary to have an'ordi- nance to provide the tool by which to keep Temple City the fine resi- dential community it is, and citizens need notfear an official will use such.a tool to their detriment, and if tiey do, they can use the elective process to let the elected of:'.icial know, Council Minutes, July 15, 1975 - Page 3. City Attorney Martin presented Ordinance No. 75 -409 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 4201, 4202(d), 4204, 4207, 4209(a) AND 4213 OF PART A OF CHAPTER 2 OF ARTICLE IV OF THE TEMPLE CITY MUNICIPAL CODE, AND ADDING THERETO SECTION 4209.1 RELATING TO VEHICLE NUISANCES for first reading by title only. Councilman Merritt moved to waive further reading, seconded by Councilman Greenberg and carried. 10. ACCEPTANCE OF BIDS: SALE AND OFF -SITE RELOCATION OF STRUCTURES - EXPANSION OF LIVE OAK PARK City.Manager Koski gave background information, stating City Council, at -their regular meeting held June 17, 1975 authorized the preparation of bid package to solicit bids for the purchase and removal of structures within the vicinity of Live Oak Park; bid opening was held July 10, 1975 with 13 bids received. There were two apparent high bidders for the seven houses available; Bien Enterprises bidding $626 for 10215 Daines Drive, and T -D House Sales bidding $12,025, $12,025, $6,500, $6,500, $5,250.and $5,250 respectively for 5601 and 5603 Gracewood Avenue, and 10203, 10209,'10221, and 10227 Daines Drive. Councilman Merritt moved to accept the two highest bids for sale and off -site relocation of structure and authorize preparation of agreement, and authorize the Mayor and City Clerk to sign, seconded by Councilman Dennis and carried, 11. ACCEPTANCE OF BIDS: CONSTRUCTION OF SANITARY SEWERS FOR LOS ANGELES SHERIFF'S STATION City Manager Koski gave background information, stating the City Council, at their regular meeting held June. 17, 1975, authorized staff to provide plans and secure bids for the construction of the sewer line relating to the Sheriffs Station to allow the existing sewer line in Live Oak Avenue to be abandoned for the construction of the shopping center. Bid opening was held July 11, 1975., City received six bids as indicated on the spread sheet, the County Engineer has verified the accuracy of the bid figures as well as the responsibility of the apparent low bidder. Councilman Greenberg moved to accept the low bid of Mitrovich., Inc. in the amount of $.4,793 and authorize the Mayor and City Clerk to sign agreement, seconded by Councilman Merritt and carried. 12. FIREWORKS STANDS 1975 - REFUND OF DEPOSITS City Manager Koski advised that the Building Department and the Fire Department have reported that all fireworks stands have been removed . and sites cleared of debris, and that the organizations involved were now eligible for refund of deposits, Councilman Merritt moved to approve the refund of deposits, seconded by Councilman Greenberg and carried. NEW BUSINESS: 13. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of July 8, 1975 A. PUBLIC SAFETY AND SEISMIC SAFETY ELEMENTS - NOISE ELEMENT City Manager Koski presented Planning Commission recommendation by adoption of Resolution No. 75 -638PC to amend the General Plan relating to these elements. Section 65302 (f) and (g) of the Government Code.JJ of the State of California requires that each city prepare and adopt Public Safety, Seismic Safety and Noise Elements as part of its General Plan. Councilman Greenberg moved to set Public Hearing relating to Planning, Commission Resolution No. 75 -638PC August 5, 1975, seconded by Council- man Dennis and carried. 1 1 Council Minutes, July 15, 1975 - Page 4 B. AMENDMENT TO MUNICIPAL CODE RE: PARKING STALL DIMENSIONS City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held July 8, 1975, held public hearing and adopted Resolution No 75 -639PC recommending amendment to the Municipal Code relating to parking stall dimensions. Councilman Greenberg moved to set public hearing relating to Planning Conmiission Resolution No. 75 -639PC August 5, 1975, seconded by Councilman Dennis. and carried. C. •.CLARIFICATION OF AMBIGUITY - ICE CREAM PARLOR IN C -1 ZONE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held July 8, 1975, adopted Resolution No. 75 -641PC recommending clarification of an ambiguity in the Temple City Zoning Code regarding ice cream parlors in the C -1 zone, this particular use being in the retail category and similar to food markets'and health food stores currently permitted in the C -1 zone. Councilman Merritt moved to concur with Planning Commission decision and that the appropriate amendment to the Temple City Zoning Code be initiated, seconded by Councilman Dennis and carried. 14. NEW EDITION OF LOS ANGELES COUNTY UNIFORM BUILDING CODE: City Manager Koski presented background information, stating the Los Angeles County Board of Supervisors adopted the 1975 Los Angeles County Building Laws which became effective April 13, 1975, and that drafts of adopting ordinance and three copies of the Los Angeles County Building Laws have been delivered to the City for processing. City Attorney Martin .advised placing Ordinances Nos. 75. -410, 75-411, 75 -412 and 75 -413 relating to building, mechanical, electrical and plumbing codes respectively on first reading and set public hearing August 5, 1975. City Attorney Martin presented subject ordinances as follows: ORDINANCE NO. 75 -410 AN ORDINANCE AMENDING ORDINANCE NO. 72 -352 OF THE CITY OF TEMPLE CITY BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY BUILDING CODE AND AMENDMENTS AS CONTAINED IN THE 1975 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC.; ORDINANCE. NO. 75 -411 AN ORDINANCE'.AMENDING ORDINANCE NO, 72 -.353 OF THE CITY OF TEMPLE CITY BY REFERENCE OF THE LOS ANGELES COUNTY MECHANICAL CODE AS CONTAINED IN THE 1975 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC.; ORDINANCE NO. 75 -412 AN ORDINANCE AMENDING ORDINANCE NO.. 72 -359 OF THE CITY OF TEMPLE CITY BY REFERENCE OF THE LOS ANGELES COUNTY ELECTRICAL CODE AS CONTAINED IN THE 1975 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC.; and ORDINANCE. NO, 75 -413 AN ORDINANCE AMENDING ORDINANCE NO, 72 -354 OF THE CITY OF TEMPLE CITY BY REFERENCE OF THE LOS ANGELES COUNTY PLUMBING CODE AND AMENDMENTS AS CONTAINED IN THE 1975 EDITION OF THE LOS ANGELES COUNTY BUILDING LAWS PUBLISHED BY THE BUILDING NEWS, INC., for first reading. Councilman. Greenberg moved to waive further reading and set public hearing August 5, 1975, seconded by Councilman Dennis and carried. III15. RESOLUTION NO. 75 -1472: ADOPTING A SALARY SCHEDULE AND PAY PLAN FOR CETA PERSONNEL Councilman Dennis moved to adopt Resolution No. 75 -1472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A SALARY SCHEDULE AND PAY PLAN FOR CETA PERSONNEL, seconded by Councilman Greenberg and carried, 1 Council Minutes, July 15, 1975 - Page 5 16. RESOLUTION NO, 75 -1473: WARRANTS & DEMANDS, DEMAND NOS. 2389 THRU 2496 IN THE AMOUNT OF $63,398,80. Councilman Merritt moved to adopt Resolution No. 75 -1473 A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $63,398.80, DEMAND NOS. 2389 THRU 2496, seconded by Councilman Greenberg and carried. 17. COMMUNICATIONS: A. Request to Paint House Numbers on Curbs City Manager Koski presented communication from Brian Hawkins, 10542 Bogue Street, requesting permission to repaint house numbers on curbs, advising that by policy, Council has required a permit for this activity, as well as following certain procedures. Councilman Merritt moved to authorize issuance of permit as requested subject to the required procedures, seconded by Councilman Greenberg and carried, B. Chamber of Commerce - Request to use City Public Address System City Manager Koski presented communication from Temple City Chamber of Commerce requesting permission to use the city -owned public address system, Wednesday, July 16, 9:30 to 11:30 a.m. to canvass donations for Christmas decorations among the business community along Las Tunas Drive and Temple City Boulevard. Councilman Greenberg moved to approve request, seconded by Councilman Merritt and carried. 18 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: III No one came forward. RECESS TO CRA: The City Council recessed at 8:20 p.m, to meet as the Community Redevelop- ment Agency, Mr. Tyrell being absent, approved the minutes of the regular meeting held July 1, 1975, held public hearing for sale and off -site relocation of structures and authorized preparation of agreements to successful bidders, adopted resolution approving warrants and demands, and authorized solicitation of bids for demolition contract #2, The minutes are set forth in full in the minutes of the Agency. RECONVENE AS CITY COUNCIL: 19. ACTION ON REQUESTS BY CRA: A. Request of Funds Councilman Merritt moved to approve an advance of additional funds in the amount of $29,589.19 as a loan to the Community Redevelopment Agency and amend the agreement with the Agency accordingly, seconded by Councilman Greenberg and carried. 20. MATTERS FROM CITY OFFICIALS: A. AMENDMENT TO CETA, TITLE II, AGREEMENT O City Manager Koski presented an amendment to the Comprehensive Employ- ment and Training Act, Title II, to extend the program through July 31, 1975, after which date a subsequent agreement will be sub- mitted which will continue the program on a month -to -month basis. Councilman Dennis moved to approve agreement amendment and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. 1 1 1 Council Minutes, July 15, 1975 - Page 6 B. Council received and filed staff report on the status of the CATV franchise agreement with Theta Cable of California. C. Council received an invitation from Parks and Recreation Commission Chairman Villar.to attend ceremonies preceeding the National Little League area playoffs on Friday, July 18th at 7:00 p.m., Longden School. D. In answer to inquiry from Councilman Dennis, City Manager Koski advised that CETA /SYEP (Summer Youth Employment Program) agreement has been entered into and those positions identified for Temple City will begin the week of July 21, 1975. E. Councilman Greenberg advised he had received communication from SCAG on the Fall General Assembly to be held September 17 -18, 1975 and that the deadline for resolutions to be submitted for consideration is August 4, 1975. Councilman Greenberg also expressed some concern with the format of the evaluation forms being used for the Student and the Law program and requested staff investigate the possibility of the City becoming in- volved in formulating the evaluation forms. F. Mayor Gilbertson introduced Resolution No. 75 -1474 A RESOLUTION OF THE CITY OF TEMPLE CITY COMMENDING FORMER MISS TEMPLE CITY JANET CARR UPON HER SELECTION AS MISS CALIFORNIA, stating he would like to present the resolution at a reception in her honor to be held next week. Councilman Merritt moved to adopt Resolution No. 75 -1474, seconded by Councilman Greenberg and carried. G. Mayor Gilbertson presented a plaque to City Manager Koski on the occasion of his 10th anniversary and expressed the appreciation of the City Council, noting that the well -being of the entire City is dependent upon the City Manager. Mr. Koski accepted the plaque stating his ten years spent as City Manager of Temple City has been an extremely memorable experience, adding that it has also been a personal satisfaction that his family has been able to enjoy the exciting challenge with him. 21. ADJOURNMENT: On motion by Councilman Merritt, seconded by Councilman Greenberg, and carried, City Council adjourned at 8:45 p.m. Next regular meeting of the City Council will beheld Tuesday, August 5, 1975, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Ch'e Deputy City C erk