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HomeMy Public PortalAboutCity Council_Minutes_1973-06-05_Regular 1973 a CITY OF TEMPLE CITY COUNCIL M.IN.U.TE.S JUNE 5, 1973 INITIATION : l_ 1 . Mayor Tyrell called the regular meeting of the City Council to order at 7:36 p . m. on Tuesday, June 5 , 1973 , in the Council Chamber of the City Hall . 2. The invocation was given by the Reverend Dean Grelling , Pastor , Temple City Southern Baptist Church , 5221 E1 Monte Avenue . 3 . The Pledge of Allegiance to the Flag was led by Mayor Tyrell . 4. ROLL CALL : Present : Councilmen-Briggs , Dennis , Gilbertson, Merritt , Tyrell Also Present : City Manager Koski , City Attorney Martin, Planning Director Dragicevich , Parks and Recreation Director Kobett , Regional Engineer Kriegel . 5 . APPROVAL OF MINUTES : Councilman Gilbertson moved to approve the minutes of the regular meeting of the City Council held on Tuesday, May 15, 1973 , as written, seconded by Councilman Merritt and carried. Girl Scout Troop No. 411 was given recognition by Mayor Tyrell who presented a special certificate to the group . The Panarama troop, sponsored b.y the Temple City Woman 's Club, has 21 registered scouts . Senior Patrol Leaders Pam Huson, Jan Carmichael and Diane Posh gave a history of the troop and introduced their Troop Leader , Mrs . Martha Glockner . UNFINISHED BUSINESS : 6. PUBLIC HEARING : 7 : 30 p .m. STREET IMPROVEMENTS - CURB, GUTTER AND DRIVEWAY 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 DRIVE , south side, Golden. West to Agnes E . LA ROSA DRIVE , north side, Golden West to Ardenel City Manager Koski advised that pursuant to City Council action at their regular meeting of May 15, 1973, property - owners on - the -subject . streets were notified by .mail of public hearing on June 5, 1973 , , and notices were posted on the respective .properties in accordance with the Streets and Highways Code . If the Council approves the projects they will be included as part of the 1973-74 street construction . budget . As a part of the Public Hearing it should be indicated there is a negative declaration insofar as Environmental Impact is concerned. Mayor Tyrell declared the Public Hearing open and invited those present who wished to speak for or against the project to come forward, calling each street in turn. Mr . Maurice J. Clark, 9838 E . La Rosa Drive, questioned whether the City solicits bids for the work to be done , and what standard widths are for driveway approaches . City Manager Koski advised the City would advertise for bids , and that standard driveway widths are 121 , reduced to 10 ' if necessary . There being no one else to come forward to speak, Councilman Dennis • moved to close the public hearing seconded by Councilman Merritt and unanimously carried. Councilman Briggs moved to find the projects in the public interest; to instruct the Superintendent of Streets to cause the work to be done ; to authorize the Superintendent of Streets to secure plans and specifications for the aforementioned streets ; and to authorize the r- Counc i 1 -.:Mi.nutes , June 5, 1973 - Page 2 Superintendent of Streets to advertise for bids , seconded by Councilman Merritt and carried unanimously. Mr . Paul Gfeller , 5623 Encinita Avenue, inquired about costs to the °property owner for curbs and gutters . The City Manager advised that type of public improvement project is a cooperative program between the City and the property owner , the City paying $ . 50 per lineal foot , plus engineering and paveout , and the property owner- paying the remaining costs . Mr . Gfeller was invited to come to City Hall to investigate cost figures . 7 . ORDINANCE NO. 73-372 : 1st read. Re : Occupancy Permits for Commercial and Industrial Buildings . Pursuant to instruction of City Council at their regular meeting of May 15, 1973 , City Attorney Martin presented Ordinance No. 73-372, AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SECTION 8101 . 6 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO BUILDING CODE -by title only . . Councilman Briggs moved to introduce Ordinance No. 73-372 for first reading . The motion was seconded by Mayor Tyrell , and carried. Councilman Gilbertson expressed concern that the language of the proposed amendment to the building code did not reflect concern of the occupancy permit requirements where legal changes of name ; i .e . , partnership, etc . would be excluded from the new requirements . 8. ORDINANCE NO. 73-373 : 1st read. Re : Unlawful Exposure . Pursuant to instruction of City Council at their regular meeting of May 15, 1973 , City Attorney Martin presented Ordinance No. 73-373 , AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SECTIONS 20. 8 THROUGH 20. 8E TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO NUDITY. Councilman Briggs moved to introduce Ordinance 73-373 for first . reading by title only,, seconded by Councilman Gilbertson, and unanimously carried. 9. ACCEPTANCE OF BID : Re : 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 pursuant to City Council action at their regular meeting .held on May 15, 1973 , approving plans and specifications for installation of sidewalks at the above named locations , and authorizing the advertising of bids , a Notice Inviting Bids was published in the Temple City Times and in two construction newspapers . Bids were opened at 10 : 00 a .m. on May 31 , 1973 ; of the three bids received the low bidder was Louis S . Lopez in the amount of $20, 833 . 50. Mr . Koski further advised that as a result of recent increases in unit prices for sidewalk construction in the Los Angeles area , it is not possible to construct the project within the engineer 's estimate. Brief discussion ensued and in answer to Councilman Merritt 's question as to why the east side of Arden Drive was chosen since the west side leads to Gidley School , City Manager Koski explained that the right-of- way is too narrow on the west side between Freer and La Rosa Drive. Councilman Merritt moved to accept low bid of Louis S . Lopez in the amount of $20, 833 . 50 and appropriate the necessary funds from the • Gas Tax Fund and amend the adopted budget accordingly, and ordered the Street Superintendent to cause the work to be done, seconded by Councilman Briggs and carried unanimously. Gity Council unanimously concurred with request from property owners on the north side of Olive from Ba-l-dwi-n Avenue to Halifax Road, that the installation of sidewalks adjacent to the curb would eliminate ��.,r �� �� i. " is a ����./ 1 f Council Minutes , June 5 , 1973 - Page 3 a maintenance problem and further, would not require the removal of landscaping and fences . 10. EL MONTE AIRPORT TRAFFIC PROBLEM : City Attorney Martin advised . that he had reviewed the recent Supreme Court ruling declaring the City of Burbank' s efforts to impose regulations on Lockheed Air Terminal invalid , and that decision left out any attempt of control by a municipality ; however, the County maintains control. to some extent. Mr. Martin advised =a letter be written. to the County Aviation Division and the Federal Aviation . Administration indicating .the C.ity ' s desire. Following brief discussion , Council directed staff to prepare a letter to the County Aviation Division encouraging the County to have some form of admonition. 11 . BLEACHERS : Temple City High School . Pursuant to City Council request at their regular meeting. of May 15 ," 1973 , to determine if there would be legal problems involved in City participation in the construction of permanent bleachers at Temple City. High.- School football field , City Attorney Martin advised that the City would not be able to participate in a joint venture with the School District and Temple City Community ,Youth Center, Inc. , unless there would be an agreement between - the School District and . the City whereinthere would be some municipal use of high school facilities . Jacob Gunst , 4929 Heleo, . inqu.ired as to what the City Attorney meant regarding "getting something special out of City. investment". Mayor Tyrell explained that in order for the City .to invest in private property, in this case the Temple City High School football field, there must. be some use by the residents of the City other than school events . Mr. Don Wheeler, 6349 Trelawney , addressed the Council re : the recognition that the Temple City Rams has brought to the City , and . the fact that many of the school properties in Temple City are used for Temple City Recreation programs. Councilman Briggs moved to refer the matter to the Parks and Recreation Commission to determine whether there could be some use made of the athletic facilities to justify the City ' s participation in a joint venture, seconded by Councilman Gilbertson , and carried unanimously. . 12. RECOMMENDATIONS FROM` PLANNING COMMISSION : A. RESOLUTION NO. 73- 1286 - Vacation of Future Alley Easement. City ,Manager adv-ised that the Planning Commission , at their regular meeting of May 22 , 1973 , considered a request from owner of the property at 4809 Hallowell Avenue to vacate the future alley .ease- ment to the rear of his property. The Commissioners were in agreement that the easement serves no useful purpose and recommended to City Council that this future alley be abandoned. Councilman Briggs moved to adopt Resolution No. 73- 1286 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO VACATE EASEMENT setting Public Hearing for July 3 , 1973 , seconded by. Councilman Gilbertson , and unanimously carried. B. PROPOSED AMENDMENT TO- MUNICIPAL CODE Re : Zone Classl`fication for • Upholstery Fabrics and- Supplies , Rugs and Carpets , and Furniture Repair and Upholstery. City Manager advised that the Planning Commission , at their regular meeting of May 22 , 1973 , held a public hearing and passed a resolution recommending to the City Council an amendment to the Municipal Code Council Minutes , June 5, 1973 o Page 4 relating ,to certain uses in the Cml and C®2 zones . r � Councilman Merritt moved to set Pu-blic Hearing July 3, 1973 to consider an. amendment to the Municipal Code relating to uses in the C® 1 and Cm2 zones , seconded by Councilman Gilbertson , carried unanimously , 13 . APPROVAL OF FIREWORKS PERMITS : City Mana-ger-.-Koski advised that pursuant to Municipal Code Sect.ion 3.100 et - seq. and City Council policy for permits for fireworks stands , `�pplications had been received from 12 local charitable organizations . All have provided necessary insurance, fees , and deposits . Councilman Gilbertson expressed some concern over whether members of the organizations will be operating the stands and City . control over adherence to the Municipal Code . Councilman Briggs moved to approve the applications as submitted; staff to coordinate the surveillance of the stands to insure the s.t.ands are being operated by charitable organizations as required by -the ordinance , seconded by Councilman Tyrell and carried unanimously . 14, RENEWAL OF AGREEMENTS A . L & L GARDENERS ® City Manager Koski submitted a renewal agreement for the maintenance of Baldwin Avenue Center median strip from north city limits to south city limits , and Santa Anita Center median strip from north city limits to south city limits without changes Councilman Briggs moved to renew agreement .and authorize the Mayor and City Clerk to sign, seconded by Councilman Merritt and carried. Bo TEMPLE CITY UNIFIED SCHOOL DISTRICT - Recreation Programs City Manager Koski submitted a renewal agreement providing the City will conduct a supervised recreation program within the limits of the City and upon the grounds of Emperor School without changes Councilman Merritt moved to renew agreement and authorize Mayor and City Clerk to sign, seconded by Councilman Briggs and carried. 15e PROPOSED BUDGET m 1973-74 City Manager Koski advised that the proposed budget for 197374 had been submitted to City Council and that a Public Hearing may now be set . Councilman Briggs moved to receive the proposed budget as submitted by the City Manager and to set June 11 , 13 , . and 18 as Study Sessions and June 26 for Public Hearing , ,seconded by Councilman Merritt and carried. 16. CATV FRANCHISE AGREEMENT City Manager Koski advised that Theta Cable Company received a letter from the FCC informing them that a Certificate of Compliance would not b'e issu.ed until two areas met with FCC regulations ; 1 ) Section 1 of the Franchise Agreement .and 2) Section 6805 of Ordinance - 71 -329 are inconsistent with FCC regulations which state that franchise . fee will be -3-5% based on gross subscriber revenue per year . Councilman Gilbertson moved to instruct the City Attorney to prepare an ordinance amending Section 6805 and Section 1 of the Franchise Agreement to conform with FCC regulations , seconded by Councilman • Dennis and carried. 1 Council Minutes , June 5 , 1973 - Page 5 17. RESOLUTION N.O. 73- 1287 ° Employment of Personnel City Manager Koski presented ' Resolution No. 73- 1287 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINT- ING PERSONNEL. Councilman Gilbertson moved to adopt , seconded by Councilman Dennis and carried. 18. RESOLUTION NO. 73- 1288 : WARRANTS it DEMANDS, DEMANDS NOS. 7916 - THROUGH 8018 IN THE AMOUNT OF $47 ,243. 57. City Manager Koski presented Resolution No. 73- 1288 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOW- ING CLAIMS AND DEMANDS IN THE SUM OF $47 ,243 .57 , DEMAND NOS. 7916 THROUGH 8018. Councilman Merritt moved to approve, seconded by Councilman Gilbertson and carried. 19. COMMUNICATIONS : A. Community Disposal Company, requesting renewal of Street Sweeping contract. City Manager Koski presented a letter from Community Disposal Company requesting renewal of Street Sweeping contract with an increase of 10% in rates and , in addition , a provision to be in- cluded to adjust the compensation providing the cost- of gasoline should increase beyond . $. 50 per gallon. Councilman Gilbertson moved to renew agreement and refer to C i ty. Attorney to draft appropriate amendment to the agreement , seconded by Councilman Merritt and carried. Mayor Tyrell suggested that some time in the future the City should investigate the use of a sidewalk sweeping vehicle , to which representatives of the Temp-le City Chambe r of Commerce ad- vised that they are in the process of arranging for the demonstra- tion of a sidewalk sweeper. 20. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK : A. Catherine Scheibel , 10317. Olive Street , addressed the City Council regarding the Airport problem. She feels that no further construction should be started at El Monte Airport until an Environmental Impact Report . is completed, there are some controls on future growth and noise, and plane num- bers should be printed on the bottom. B. Harry Scheibel , 10317 Olive Street , advised he was very impressed with the security inspection held June 2-3. C. Ma r i anne M i 1 ch , Execut i ve Sec reta ry ,, Chambe r of Comme rce , presented City. Council with the new Temple City Map which had just been prepared by the Chamber of Commerce. The maps will be distributed to local residents .- D. E2Dny Graham, Chamber ,President , advised that the Chamber of Commerce ' s budget and work program for 1973-74 had been delivered to the Council and stated she would be available to answer any questions . Mayor Tyrell advised Council would go into detail at a study session soon to be set , City Manager to advise which budget session. Councilman Gilbertson commended Penny Graham on the ambitious work program which had been proposed by the Chamber. 21 . MATTERS FROM CITY OFFICIALS : A. Sphere of Influence - Consolidated Fire District. City Manager Koski advised that Local Agency Formation Commis - sion is developing spheres of influence for the Consolidated Fire Protection District ; Chief Houts of the Los Angeles Council . Minutes , . June 5 , .1973- Page 6 County, F i re Department - had requested the support of City - Counci.l . Councilman Briggs—moved to receive the report and table the matter to the next regular meeting of the City %Council , seconded by- Councilman - Merritt and carried. Staff was directed. to meet w-ith County, Fire Department personnel to discuss in depth prior to the June 26-, 1973 Council mee-t.i ng. B. Councilman Gilbertson expressed concern at the unsight.liness of. the traffic island at the intersection of Broadway and Encinita Avenue. He felt it should be landscaped and requested staff to investigate. C. Councilman Dennis refer red :City Counci 1 to -,his letter to Allan : Oss i an , , School Board member, rega rd.i ng , cote rm i nous boundaries requesting- Council ' s fee.l ing re : working : towards a long range goal of coterminous boundaries within the City. Fol 1 ow.i ng brief discussion , , it was the consensus of Council that Councilman Dennis should continue to study .the possibi .lity ,.of coterm.inous boundaries . " D, Councilman Dennis referred . to the memo. to all - City Officials from League of Ca 1 i for.n.i a Cities re: October 21 -24 .conference, requesting assistance to developa conference program to meet . the most urgent needs , and recommended that if Council - had any . inputs .it should be done prior to June 2.1 . E. Mayor Tyre.1 1 , stated he visited the command post :for the Home Security .inspect ion: Saturday, June 2 ; he was very proud . of the deputies who represented the 'City in inspection visits ; he was equally proud of Temple. City residents who had welcomed the men into their homes ; and he would like to see more publicity of the fact that those residents who were not home, the City has a Security : Center at the City Hall and - they can make an appoint- ment for. inspection. F. Mayor Tyrell also referred Council ' s attention . to the California Contract Cities Association planned trip -to Washington , - D. C. in a lobbying effort on thei r ' revenue sharing - proposal . G. Mayor Tyrell directed Council ' s a.ttent i on . to the reports of youth.- Commissioners Johnson and Gaffrey following their- attend- ance to. the California Youth Coalition Conference , May 11 , 12 and 13. H. Mayor Tyrel 1 . referred. to the new Con-Flex Plan -for law enforce- ment being studied for Temple Station. He personally preferred the plan Temple City: now has , but perhaps in .the future Council, should be looking at other alternatives , such as Lakewood ' s M.i n i -po.l i ce. i n conjunction w.i th - their County ,contract. 22 . ADJOURNMENT: On motion of Mayor- Tyrell , seconded -by Councilman Merritt , the Council adjourned- to' an Executive Personnel Session and. then reconvened . to a study session with . the Parks and Recreation Commission at 9 :05 p.m. , following which they -adjourned to , Monday, June 11 , 1973 , at 7 :30 p.m. , at which � t-ime a Budget Hearing would be conducted. --- --- MAYOR _ ATTEST: Chief Deputy-`C,ity'C1erk- ��: __ f� �� � , ,.:. �,