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Home My Public Portal AboutCity Council_Minutes_1962-05-28_Regular 1962C I T V C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA MAY 28, 1962 1. INITIATION: The regular meeting of the City Council of the City of Temple City was called to order by Mayor Tyrell who led the 2.. Pledge of Allegiance to the Flag. 3. INVOCATION: Rev.. Roger Hillis, of Westminster Presbyterian Churc Temple City, gave the invocation. 4. ROLL CALL: PRESENT: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell ABSENT: Councilman- Dickason ALSO PRESENT: City Attorney Shatford, City Manager Woollett 5. APPROVAL OF MINUTES: Councilman Fitzjohn moved to approve the minutes of the regular Council Meeting of May 14, 1962, Councilman Merritt seconded, and unanimously carried. UNFINISHED BUSINESS: 6. Ordinance No. 62 -77: 1st reading. City Attorney Shatford read title to Ordinance No. 62 -77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIF- ORNIA, OF INTENTION TO PROCEED UNCER ARTICLE 5, TITLE 5, DIVI- SION 1 OF THE GOVERNMENT CODE (PUBLIC SERVICE EASEMENTS VACATION LAW -- GOVERNMENT CODE SECTIONS 50430 ET SEQ.) TO VACATE EASE- MENTS. This ordinance sets a public hearing for 7:30 P. M., on August 23, 1962. Councilman Nunamaker moved to waive further reading of Ordinance No. 62 -77, Councilman Merritt seconded, and carried. 7. Ordinance No. 62 -78: Urgency Ordinance City Attorney Shatford read in full Ordinance No. 62 -78 AN OR- DINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIF- ORNIA AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO THE APPLICATION FOR PERMIT TO SELL FIREWORKS WITHIN THE CITY OF TEMPLE CITY TO PERMIT LATE FILING OF APPLICATION WHERE G00D CAUS: SHOWN. Councilman Merritt moved to adopt Ordinance No. 62 -78, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 8. Ordinance No. 62 -75: 2nd reading. City Attorney Shatford read title to Ordinance No. 62 -75 AN OR- DINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING SECTIONS 8103 THROUGH 8109 PERTAINING TO THE ABATEMENT OF HEDGES, SIGNS AND OTHER OBSTRUCTIONS TO VISIBILITY BETWEEN STREET INTERSECTION: Mayor Tyrell asked if any one in the audience wished to speak. Mr. Robert Bock, 5328 Encinita, spoke in favor of the ordinance but felt it should be amended to include provision of a strip for pedestrians to walk. Mrs. Bock, of the same address also spoke representing the PTA of LaRosa School made the same re- quest. Mr. Woollett, City Manager, presented a petition sub- mitted by Mrs. Bock with City signatures supporting this request. City Attorney Shatford stated this ordinance should be passed in its present form and the petition submitted to the Traffic Commission and their recommendation submitted to the Council. Councilman Merritt moved to waive further reading of Ordinance No. 62 -75, Councilman Nunamaker seconded the motion. City Mana- ger Woollett advised the staff is in the process of conducting a survey to determine which areas are critical for those who walk in the street, particularly around schools, and this will be referred to the Traffic Commission. Roll Call vote as follows AYES :' Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 285 Council Minutes, May 28, 1962, page 2 Councilman Merritt moved to adopt Ordinance No. 62 -75, Council- man Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Fitzjohn moved to refer the petition to the Traffic Commission, Councilman Merritt seconded, and carried. 11. PUBLIC HEARING: 8 P. M. Temple City Improvement #1, Woolley St. et al, Sanitary Sewers. Mr. N.F. Bravender, Deputy City Engineer, presented the above request. The Mayor pr( claimed the Public Hearing opened. City Attorney Shatford questioned the Engineer regarding this Improvement #1. City Manager Woollett read one protest which did not disapprove but was on a corner lot and connected with the sewer on the side street at considerable expense and did not feel he should have to pay for the sewer inasmuch as he would not benefit, submitted by L. C. Marticorena, 9702 Woolley St. City Engineer Bravender stated if this was considered a protest it would represent 5.14% of the area. He also advised that the estimated cost of the main line for this property would be $405.00, which Mr. Marticorena would have to pay but would not have to pay for the lateral to the house of approximately $120.00. Councilman Nunamaker made a motion that the findir,c be that the protest represents less than 6% of the district, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen- Fitzjohn, Merritt, Nunamaker, Tyrell NOES Councilmen -None ABSENT: Coup ' lman- Dickason Cou cilman moved to close the Public Hearing, Councilman seconded, and carried. Councilman Nunamaker made a motion to deny all protests, Council man Merritt seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason City Attorney Shatford read title to Resolution No. 62 -209 RESOLUTION ORDERING IMPROVEMENT, TEMPLE CITY IMPROVEMENT NO. 1 FOR THE IMPROVEMENT OF WOOLLEY STREET (A PRIVATE STREET.) AND OTHER RIGHTS OF WAY. Councilman Nunamaker moved to waive furthe reading of Resolution No. 62 -209, Councilman Merritt seconded, roll call vote ,as follows: AYES: Councilmen- Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Nunamaker moved to adopt Resolution No. 62 -209, Coun- cilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason Bids will be requested for completion of this project May 29, and bid opening will be June 22 at 10 A.M. in the City Hall, and the contract will be awarded June 25, 1962. City Manager Woollett advised it was necessary for the Council to pass sections of the Labor Code, State of California, Prevail ino Wage Rates and Employment of Aliens effective October 25, 196/, in connection with this project. Councilman Fitzjohn moved to approve this recommendation, Councilman Merritt second- ed, roll call vote as follows: AYES: Councilmen- Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 12. PUBLIC HEARING: 8 :15 P. M. City Manager presented proposed curb and gutter improvement re- quest for the 9200 and 9800 block on Olive St. He requested the First consider the 9200 block concerned with construction on the south side between Encinita and Fratus, the petition is signed by more than 60% of the property owners. The Mayor asked if anyone in the audience wished to speak. 286 Council Minutes, May 28, 1962, page 3 Carl E. Johnson, 9204 Olive St. spoke in favor of the project. City Manager Woollett Advised there was a total of 376.08 ft. of which 250 ft. were signed or 66.47 %. Councilman Fitzjohn moved to close the Public Hearing on this request, Councilman Merritt seconded and carried. Councilman Merritt moved to find this project in the public interest and to direct the Supt. of Public 'forks to cause the work to be done, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason City Manager Woollett stated the petition in the 9800 block of Olive St. on the south side between Agnes and Golden West with a total of 590.49 lineal ft. signed up for 463.57 ft. a total of 78.50%. The Mayor asked if anyone in the audience wished to speak. Earl Lloyd, 9846 E. Olive St. asked if this was submitted for bids and was advised by City Manager Woollett that under the Code the people will be riven 60 days to make the improvement, and if not done the City will go to bid and the work will be done and the property owners will pay the costs. Councilman Fitzjohn moved to close the Public Hearing on this request, Councilman Nunamaker seconded, and carried. Councilman Merritt moved to find the project in public interest and instruc the Supt. of Public Works to cause the work to be done, Council- man Nunamaker seconded, and roll call vote as follows: AYES: Councilmen-Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 9. REQUEST BY JR. CHAMBER OF COMMERCE FOR FUNDS TO CONSTRUCT WEL- COME TO TEMPLE CITY SIGNS. This item was tabled as no one was present to state the request. 10. STATUS REPORT ON PROGRESS OF COMPREHENSIVE PLAN: Gordon Whitnall reported at length on the Master Plan explaining processes and procedures in full. He advised they were in the beginning stages of drafting a zoning ordinance from the materia obtained from the field surveys and their research. He advised he was required to report monthly on the progress of the total project to the State with a copy sent here for Council informa- tion. The preliminary draft of the zoning ordinance will re- quire no less than six conferences with the Planning Commission. It is recommended that as many Council members as can attend these meetings with public also invited. Following these con- ferences the findings will be incorporated into the zoning ordi- nance which will be recommended for Public Hearings before the Planning Commission, and further proposals may be incorporated into a third draft of the ordinance, and which the Commission recommends to the Council, and if the Council desires thay may make further changes. Then zoning map will be prepared to confor► with proposed ordinance and more public hearings will be held. He requested both the Council and the press to contact them if any question arises so they may explain the facts. 15. PUBLIC HEARING: 8 :30 P. M. Proposed curb and gutter improvements Zadell St. south of Olive St. City Manager Woollett advised all except one property owner had requested the improvement and stated the remaining individual, Richard Jonda, 5325 Zadell St., should be required to install to complete the block. The Mayor asked if anyone wished to speE. for or against this proposal and noone came forward. Councilman Fitzjohn moved the Public Hearing be closed, Councilman Nunamake seconded and carried. Councilman Nunamaker moved to find it in general public interest that the work be done, and the Supt. of Streets cause the work to be done, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 287 Council Minutes, May 28, 1962, pare 4 13. POUND SERVICES: City Manager Woollett stated the San Gabriel Humane Society had offered to provide pound services for this City, and he looked over the facilities and also the County pound. Mr. Paul Erskine, Atty.at Law, 317 W. Main St., Alhambra, repre- senting the S.G.Valley Humane Society reviewed the contract they offered. Mrs. Coleman who operates their pound also spoke. Mr. Marvin Throndsen, Poundmaster of Los Angeles County, gave a re- port on the services of the County which we now contract for. Mrs. L. Lawler, 9621 Broadway, Mrs. J. Reynaud, 4935 Cloverly, James Lawler, 9621 Broadway, Laura Kellogg, 5648 Sultana, Mrs. Hazel ,!agner, 5842 Sultana, all spoke in favor of the S. G. Valle Pound. Dr. Walker, 65 N. Rosemead, of the Animal Hospital, spoke giving information to the Council of procedures in connection with pound services. Following a lengthy discussion and question- ing of both operators Councilman Nunamaker moved to table, Coun- cilman Fitzjohn seconded, and carried. The Mayor called a five minute recess at this time. 14. ORDINANCE NO 62 -79: 1st reading. City Attorney Shatford read title to Ordinance No. 62 -79 AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING A CHANGE OF ZONE OF CERTAIN REAL PROPERTY LOCATED BETWEEN OLIVE AND GREEN AND ARDEN AND GLICKMAN FROM A -1 -1 TO R -1 -5000. Council- man Fitzjohn moved to waive further reading of Ordinance No. 62 -7( Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason As this was the first reading no further action was taken. 16. PRESENTATION PROPOSED 1962 -63 BUDGET: City Manager Woollett stated the Council had received copies of the proposed budget and the press also, with appropriations of $821,235.00 and revenues of $631,656.00, which includes $200,000. for the cost of a new library. He recommended public hearings on the budget be set for June 7, 12, and 14, at the City Hall at 7:30 P. M. Councilman Nunamaker so moved, Councilman Fitzjohn seconded, and carried. 17. APPROPRIATION OF GAS TA)( MOINES 1962 -1963. City Manager Woollett advised the budget includes exactly the fi- gures included in these resolutions, and that the project has to be set up in order to get the money. However if advisable these funds can be re- directed. Councilman Fitzjohn moved to adopt Res. No. 62 -207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS, Councilman Nunamaker secondec roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Merritt moved to adopt Res. No. 62 -208 A RESOLUTl')N OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING AND SUBMIT- TING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen - Dickason 18. City Manager Woollett reported regarding the City liability in- surance advising it would come up for renewal on July 1. He asked the Council whether to continue existing policy or to put it out for bid. The City Attorney stated the insurance could be negotiated, and there was no legal requirement of bids. Coun- cilman Fitzjohn moved to continue the existing policy, Councilman Merritt seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 288 Council Minutes, May 28, 1962, pare 5 19. APPOINTMENT OF PLANNING COMMISSIONER: City Manager Woollett advised Mr. Paul Beckley was appointed to fill the unexpired term of Mr. Nunamaker when he resigned from the Commission, which term ended May 25, and that Mr. Beckley was willing to continue to serve. This appointment will be for a term of four years. Councilman Fitzjohn moved to continue the services of Paul Beckley as Planning Commissioner, Councilman Nunamaker seconded and carried. APPOINTMENT OF REPRESENTATIVE TO LEAGUE OF CALIFORNIA CITIES: The City Manager advised Howard M. Dickason has volunteered to represent the City. Councilman Nunamaker so moved, Councilman Fitzjohn seconded, and carried. 20. APPROPRIATION ADDITIONAL FUNDS LIVE OAK IMPROVEMENT: City Manager requested an additional appropriation of $564.22 for this project for the following purposes: 1. necessary removal of 2 additional Palm trees @ $100. ea. 200.00 2. 28 cu. yds. additional excavation because on north side of Live Oak water has stood 55.44 3. 24 ft. additional curb and gutter at joins replaced to make curb returns on Alessandro 40.80 4. additional 4" concrete to put in driveways not in contract 39.60 5. additional 3" concrete for drives due to grade change 16.38 6. 28 cu. yds. additional aggregate base for unsuitable subgrade 112.00 7. removal of magnolia tree due to roots having to be cut for curb installation 50.00 8. relocation of wrought iron gate due to grade change 50.00 City Manager Woollett advised he went through these requests carefully with the Contractor and engineer and felt these worth- while additions and recommended they be paid. Councilman Fitzjoh moved to approve this expenditure, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 21. PLANNING COMMISSION RECOMMENDATIONS: a. Planning Advisor Ray Cushman presented the zone variance re- quest for construction of a second house at 5036 N. Sultana, Olivia F. Price. At present there is a house and garage at the rear of the lot, with driveway it is short 591 sq. ft. for a second house. The Planning Commission recommend approval. Robt. Price representing his mother spoke in favor of the request. Councilman Fitzjohn moved to approve the recommendations of the Planning Commission and instruct the City Attorney to prepare a Resolution in conformity with the Resolution of the Planning Commission, Councilman Nunamaker seconded, and carried. b. Planning Advisor Cushman presented the request for a zone change from R -1 to R -3, 5828 N. Rowland, Gladys Herrington & Marilyne R. Dickerson, advisinc this was just south of the park- ing lot of the Mayfair market and on the west is the Mission Chevrolet Co. He recommended the Council set a public hearing for this request which the Planning Commission has recommended for approval. Councilman Merritt moved to set a Public Hearing on June 11, at 8 :00 P. M. at the City Hall, Councilman Nunamaker seconded, and carried. c. ORDINANCE NO. 62 -76: 1st reading. City Attorney Shatford read title to Ordinance No. 62 -76 AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING SEC- TIONS 8110 THROUGH 8121 TO THE MUNICIPAL CODE RELATING TO FENCES AND WALLS. Councilman Nunamaker moved to waive further reading of Ordinance No. 62 -76, Councilman Fitzjohn seconded, roll call 289 Council Minutes, May 28, 1962, page 6 vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 22. RESOLUTION NO. 62 -206: Warrants & Demands Councilman Merritt moved to adopt Resolution No. 62 -206, warrants and demands in the sum of $48,422.53, demand Nos. 1499 through 1537, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilman - Dickason 23. COMMUNICATIONS: There were none to report at this time. 24. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Noone came forward to address th'e Council. 25. MATTERS FROM CITY OFFICIALS: Councilman Fitzjohn spoke against the pan handling with a county license at the sidewalk sale. Councilman Nunamaker recommended something be done about requiring lighting at apartments. There followed considerable discussion regarding control of the above items and the best means appeared to be by a city business license which would automatically take care of the problem. City Manager Woollett presented a request for the Jr. Chamber of Commerce to operate a sound truck on June 5 for a "Get out the Vote campaign, and also on November 6, from 9 AM to 6 PM. R. Gude, 5641 Rosemead, Temple City, spoke for the Jr. Chamber of Commerce. Following discussion of the Councilmen it was agreed to leave the hours as required in the Code for the operation of the sound trucl . and for them to present a request for Nov. 6 after the primary election and report on results. City Manager Woollett requested the Council to set public hearings for curb and gutter petitions (2) at 9602 E. Olive and 5326 Temple City Blvd. for June 11, at 8 :30 P. M. Councilman Fitzjohn so moved, Councilman Merritt seconded and carried. City Manager Woollett requested public hearings be set at 9 P. M. on June 11 for curb and gutter on the 9900 block of Howland Dr. one for the south side and one for the north side. Councilman Merritt so moved, Councilman Fitzjohn seconded, end carried.. The City Manager read a letter to the Mayor from KTTV regarding broadcast of candidates for election on June 3. Councilman Nuna- maker moved to receive and file, Councilman Merritt seconded, and carried. A communication was read from FIFA to the Mayor regarding display of the Flag on Memorial Day, Flag Day, and Independence Day, and requesting a proclamation for Memorial Day. Councilman Fitzjohn moved to approve, Councilman Nunamaker seconded, and carried. A letter to the Mayor from Gov. Brown was read, Councilman Fitz - john moved to receive and file, Councilman Nunamaker seconded, and carried. 26. ADJOURNMENT: Councilman Nunamaker moved to adjourn, Councilman Fitzjohn second- ed and carried, adjourned at 11:45 PM until next Council meeting on June 11, at 7:30 P. M. at the'City Hall. ATTEST: City Clerk - n ayor 290