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HomeMy Public PortalAboutCity Council_Minutes_1962-08-13_Regular 1962C I T Y C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY, CALIFORNIA AUGUST 13, 1962 1. INITIATION: The regular meeting of the City Council of the City of Temple City was called to order by Mayor Tyrell at 7:30 P.M., 2. who then led the Pledge of Allegiance to the Flag. 3. INVOCATION: Invocation was given by Father Leuer, St. Luke's Catholic Church, Temple City. ROLL CALL: PRESENT: Councilmen - Dickason, Merritt, Nunamaker, Tyrell ABSENT: Councilmen- >=,Tzio,,h, ALSO PRESENT: City Attorney'Shatford and City Manager 1'!oollett. 5. APPROVAL OF MINUTES: Minutes of the meeting of July 23, 1962: Councilman Merritt moved to approve the minutes of July 23, 1962, seconded by Council man Dickason and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 P.M. - PROPOSED VACATION OF LIGHT AND AIR EASEMENTS BEHIND PROPERTIES LOCATED AT 5534 Halifax St. and 5334 G1tckman Ave. Mayor Tyrell stated that this was the time and place for public hearing and City Attorney Shatford asked if there was anyone who wished to speak for or against the subject. No one came forward. Councilman Nunamaker moved to close the public hearing, seconded by Councilman Dickason and carried. Mr. Shatford read title to Res, lution 225, A, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, VACATING EASEMENT WITHIN TRACT 10558 PURSUANT TO ORDINANCE NO. 62 -77 AND PUBLIC SERVICE EASEMENTS VACATION LAW, and Resolution 226, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, VACATING EASEMENT WITHIN TRACT NO. 11695 PURSUANT TO ORDINANCE NO. 62 -77 AND PUBLIC SERVICE EASEMENTS VACATION LAW. Councilman Dickason moved to adopt. Resolution No. 62 -225 and Reso- lution No. 62 -226, seconded by Councilman Merritt and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn 7 ORDINANCE NO. 62 -85: Tandem Lots - Second Reading. City Attorney Shatford read title to Ordinance No. 62 -05 AN ORDIN- ANCE OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO EXCLUDE ACCESS STRIPS FROM REQUIRED MINIMUM AREA OF TANDEM OR FLAG LOTS IN ZONES R -1, R -A, AND A -1, Councilman Nunamaker moved to waive further reading of Ordinance No. 62 -85, Councilman Merritt seconded and carried. Councilman Dickason moved to adopt Ordinance No. 62 -85 seconded by Councilman Merritt and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn 8. ORDINANCE NO. 62 -86: Annexation No. 4 -A, West Temple City Unin- habited - 2nd Reading. City Attorney Shatford read title to Ordinance 62 -86 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIG- NATED 'ANNEXATION NO. 4 -A, WEST TEMPLE CITY' TO THE CITY OF TEMPLE CITY. Councilman Dickason moved to waive further reading of Or- dinance No. 62 -86 seconded by Councilman Nunamaker and carried. Councilman Merritt moved to adopt Ordinance No. 62 -86 seconded by Councilman Nunamaker and carried by the following roll call vote: 317 Council Minutes, August 13, 1962, page 2 AYES: NOES: ABSENT: Councilmen - Dickason, Merritt, Nunamaker, Tyrell Councilmen - None Councilmen - Fitzjohn RESOLUTION NO. 62 -223: Proposed contract for services - Parking District. City Attorney Shatford read title to Resolution No. 62 -223 A RESO- LUTION OF THE CITY OF TEMPLE CITY AUTHORIZING EXECUTION OF A CONTRACT WITH O'MELVENY & MYERS AS SPECIAL COUNSEL IN RESPECT TO THE ESTABLISHMENT OF A PARKING DISTRICT OR DISTRICTS PURSUANT TO THE VEHICLE PARKING DISTRICT ACT OF 1943. Councilman Dickason moved to direct the Mayor and City Clerk to sign the agreement: seconded by Councilman Merritt and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn 10. RESOLUTION NO. 62 -222: Proposed contract for protect engineer - Parking District: City Attorney Shatford read tide to Resolution No. 62 -222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXECUTION OF A CONTRACT WITH WILLIAM H. KRELLE FOR CERTAIN ENGINEERING SERVICES RESPECTING PROPOSED VEHICLE PARKING DISTRICT NO. 1 OF THE CITY OF TEMPLE CITY. Councilman Nunamaker moved to adopt Resolution No. 62 -222 seconded by Council- man Dickason and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn At this time, Mayor Tyrell introduced Mr. Al Lindberg, Parks & Recreation Commissioner, who in turn introduced the Temple City A11 -Star Pony League, who have won the Sectional Championship and will now compete in the Regionals in Glendora next Thursday. Mr. Lindberg thought it fitting that these fine boys be recognized officially by the City Council as being representative of fine,' outstanding -youth of this City. The boys were called by name and lined up facing the Council at which time Mayor Tyrell, on behalf of the City Council, commended the boys and wished them good luck. Councilman Nunamaker moved to direct the staff to orepare a cer-f tificate of commendation, seconded by Councilman, Dickason and carried. 12. REQUEST FOR OPERATION OF AFTER -HOURS RESTAURANT THE PIT ", EAST SIDE OF ROSEMEAD BLVD. SOUTH OF LAS TUNAS - Mr. Gurav i tz, 616'W: Sierra Madre Blvd. - City Manager Woollett read communication which was presented at the last Council meeting requesting permission to allow dancing . and musical entertainment during the above hours. After investiga' tion by the Sheriff's Department, they recommend denial of the re- quest as it is violation of Section 2071 of Temple City Ordinance No. 10, which states that there shall be no dancing, entertainment during the hours of 2 a.m. and 6 a.m. except by a special Permit for one day only. Mr. Gurevitz was not in attendance. Councilman Dickason moved to recommend denial of the request, seconded by Councilman Nunamaker and carried by the following roll call vote: AYES: Councilmen: Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen: None ABSENT: Councilmen: Fitzjohn 15. PROPOSED INCREASE OF COSTS OF LAW ENFORCEMENT: City Manager Woollett reported on the present status oF California Contract Cities study of costs of law enforcement with the Sheriff Department. An independent firm, Frazer & Torbet, has been hired to audit the books of the Sheriff's Department and the Auditor Controller of the County,.and Temple City's share of the $7,500. cost will be $1,500. They are to report to the cities by Sept. 1. The County has agreed not to impose a new rate until Sept. lst. The Board of Supervisors agreed that they would set the rate. Dur ing the eight years the contract Man has been in existence the 318 Council Minutes, August 13, 1962, page 3 rates have been set by the Chief Administrator of the Auditor of the County. Mayor Tyrell stated that so far we have saved about $6;500. The report of the auditing Committee of the Grand Jury recommends the sum of $74,080 per year as the price we should Day, which is less than we now pay ($78,004.) The problem now is whether or not we will be prepared to report to the Grand Jury on September 1st:, and are trying to delay until the f'rst of the year. 11. PUBLIC HEARING: 8:00 P.M. - ZONE VARIANCE CASE NO. 62 -37 Request- ing Permission to construct an apartment house south side of Olie at 10034, 10040, 10048 Olive Street - Spotts, Mcllroy and Tolbert. Mayor Tyrell announced that this was the time and place for public hearing on Zone Case No. 62 -37. Planning Advisor, Ray Cushman briefed the Council, stating that the wishes of the applicants are to combine three existing lots of less than required area and subsequently to divide into two lots still less than required area, with a total of 46 units on both lots. There are single family units surrounding the location, with the exception of one immediately adjacent, and would leave one re- maining parcel. The Planning Commission has recommended denial of this request and it is now being appealed to the Council. The following people spoke in favor of granting the Variance: Mrs. Howard R. Spotts, 10034 Olive Street, felt that Temple City has need for more multiple dwellings because of the revenue and that this,area particularly needs it due to industry to the south. (She was informed that any revenue would go to the County) Mr. Ray Smartis, 55151 Pal Mal, one of four partners who are in- terested in developing this property. Stated that the unit plannec' is to cost $480,000. and would be a high class semi - luxury unit.' There would be ample, accessible narking which should eliminate parking on the street. Mrs. Tolbert, 10048 Olive Street - Stated that when the apartment on the corner was built we were still County and even though the people in the neighborhood didn't want an apartment, after it was built they were glad. Lem Ward, Real Estate Agent, 172 W. Live Oak, Arcadia. - Broker handling the development - feels that a unit of this type can't do anything but upgrade the City. Those speaking against are as follows: Robert Ingram, 5317 Zadell; Taylor R. Fimple, 10116 Olive; Howard Hamilton, 10119 Olive; Richard Venda, 5325 Zadell; Harold Fisher, 5324 Zadell; Dewey Prichard, 5408 Robin Hood; Ken L. Peterson, 5414 Robinhood; Mrs. Burnett, speaking for her mother, Mrs. Wi l l ian 10104 E. Olive; C. E. Arnold, 5423 Robin Hood; Dorf Fordham, 5413 Robinhood; and Vincent Pitner, 5404 Robin Hood. These people all objected oh the grounds that this is a residential area and they want to keep it that way. The increase in traffic and parking is a hazard to the many school children in the area. Mr. Smartus asked for rebuttal and elaborated on the type of unit planned and compared it with a similar unit they built in Alhambra. There was surrebuttal by Mrs. Burnett and Mrs. W. R. Boren, 5311 Zadell. Councilman Nunamaker moved to close the public hearing, seconded by Councilman Dickason and carried. After brief discussion, Councilman Merritt moved that the Council go along with the Planning Commission and deny the appeal filed by the applicants, and that the City Attorney be instructed to prepare the appropriate documents. Seconded by Councilman Nunamaker and carried. 14. PUBLIC HEARING: 8:30 P.M. - CURB AND GUTTER IMPROVEMENT ON SERENO DRIVE BETWEEN ROSEMU D AND ENCINITA. City Manager Woollett stated that this public hearing was initiates at the request of the Street Superintendent. Sereno Drive now has 80.56% of curbs on the south side of the street and 78.14% on the north. The city's obligation would be the modification of the ex- isting street and the necessary Pave -out and gutter and would cost the City $530 '). The following people came forward and spoke in favor of the project: Jack Neumann, 5059 Sereno; C. L. Kugler, 4922 Sereno; Paul Uhl, 505C Sereno; Clyde Davis, 5234 Sereno; 319 Council Minutes, August 13, 1962, page 4 D. W. Ehrismann, Mrs. Ruth Dirks, 5175 Sereno; and a written communication read by Mr. Woollett from America E. Flemming, 5220 Sereno. Councilman Nunamaker moved to close the public hearing, seconded by Councilman Merritt and carried. Mayor Tyrell stated that the public hearing was now closed. Councilman Merritt statedthat this item is in the best public interest and moved to instruct the Street Superintendent to cause the work to be done, seconded by Councilman Dickason and carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen - None ABSENT: Councilmen - Fitzjohn 13. IMPAIRED DRAINAGE SITUATION ON PRIVATE STREET SOUTH END OF KAUFFMAN: Ray Cushman, Planning Advisor; Mr. Bannister, Draining Engineer; and Dale Warner, Road Department, all reported on this long- standing problem. City Attorney Shatford gave a legal opinion, stating clearly that the City has no legal right to spend public funds on private property, but the City could file a suit aga,ins the owners of that property lying across the south end of Kauff- man for maintaining a nuisance and health hazard and compel them and Mr. Halpert to accept part of that water. This action would get the property owners in litigation and is the only help that the City can give the property owners. Councilman Dickason made a motion to instruct the City Attorney to take the necessary legal action against those people respons- ible for this situation, seconded by Councilman Nunamaker. Afte considerable discussion and views from several of the property owners on Kauffman a roll call vote was taken as Follows: AYES: Councilmen: Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen: None ABSENT: Councilmen: Fitzjohn 16. PETITION REQUESTING ABATEMENT ARISING FROM THE OPERATION OF THE JOLLY COACHMAN LOCATED AT 9151 Las Tunas Drive. City Manager Woollett read petition signed by 49 residents der Glaring: (1) excessive night street Parking, (2) excessive noise both by cars and people, and (3) noise by patrons decrimental to use of property owners and property values. Councilman Dickason made a motion to instruct the staff to con- tact Sheriff's Department for a full investigation and report, at the next Council meeting, seconded by Councilman Nunamaker; and carried. 17. RESOLUTION NO. 62 -224: Transferring petty cash responsibility to Mrs. LaVina Nixon and increasing amount from $100. to $200: Councilman Dickason asked the City Manager what the Treasurer's recommendation was on this issue. After being informed that it was not necessary to go through the City Treasurer on matters; such as this, considerable discussion followed regarding the ; duties and responsibilities of the City Treasurer. Mayor Tyrell suggested a copy of the City Treasurer's Duties and Responsibili ties be procured from the League of California Cities and a per- sonnel meeting concerning finance and council be held to en- lighten all. Councilman Nunamaker moved to adopt Resolution 62 -224, seconded by Councilman Merritt and carried by the follow ing roll call vote: AYES: Councilmen: Merritt, Nunamaker, Tyrell NOES: Councilmen: Dickason ABSENT: Councilmen: Fitzjohn 18. RESOLUTION NO. 62 -227: WARRANTS AND DEMANDS IN THE SUM OF $33,492.97, DEMAND NOS. 1719 through No. 1787. City Manager Woollett informed the Council that check No. 1755 to Boddum Construction Company in the amount of $10,000. is bein' held until final notice of completion and affirmation that it c,)- Ted meets all requirements. Councilman Merritt moved to approve, x1`7/61, seconded by Councilman Dickason and carried by the following 320 Council Minutes, August 13, 1962, Page 5 roll call vote: AYES: Councilmen: Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen: None ABSENT: Councilmen: Fitzjohn 19. TRAFFIC COMMISSION RECOMMENDATIONS: Item 5: (1) Enforce 30 minute parking between 2 & 4 a.m. on major arterial streets, excluding Las Tunas Dr., Temple City Blvd. south of Garibaldi, and Baldwin at its wide portions. (2) Enforcement on a complaint basis only on all other streets. City Manager Woollett informed the Council that this was a cleri fication of the existing overnight parking ordinance, which up till this time, has been on a complaint basis only. Councilman Nunamaker moved to adopt the Traffic Commission re- commendations, seconded by Councilman Dickason and carried. Item 11: Taxi Zone; Temple City Blvd., west side north of Las Tunas, change from blue to white. Councilman Dickason so moved, seconded by Councilman Nunamaker and carried by the following roll call vote: AYES: Councilmen: Dickason, Merritt, Nunamaker, Tyrell NOES: Councilmen: None ABSENT: Councilmen: Fitzjohn Item 14: New Driveway modification of stalls - 9108 Las Tunas Drive. City Manager Woollett informed the Council that these modifica- tions were necessary due to the installation of a new driveway at subject address. Councilman Merritt so moved, seconded by Councilman Nunamaker and carried by the following roll call vote AYES: Councilmen: Dickasob, Merritt, Nunamaker, Tyrell NOES: Councilmen: None ABSENT: Councilmen: Fitzjohn 20. PURCHASE OF MAERICAN LEGION PROPERTY: City Manager Woollett reported that an agreement between the Legion and the City was to have been reached by August 1st bi4 that to date the City has not been contacted by the Legion re;- garding a firm price for.the property. It was suggested that the City Council authorize the City Attorney to proceed with condemnation proceedings in order to secure the property. After considerable discussion, Councilman Merritt moved to in- struct the City Attorney to proceed with condemnation suit pro- ceedings if an agreement is not reached with the Legion on or 9:00 P.M., Friday, August 17, 1962, seconded by Council- man Dickason and carried. COMMUNICATIONS: 21. (1) COUNTY BOUNDARY COMMISSION RE: PROPOSED ANNEXATION NO. 37, City of Monrovia: Councilman Nunamaker moved to receive and file, seconded by Councilman. Merritt and carried. 22. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISHED TO SPEAK: Mr. Harry Gurovitz announced that he arrived late and wished to be apprised of the Council's decision with regard to his request for permission to have entertainment during the hours of 2 a.m. and 4 a.m. He was informed of the Council's denial. Mrs. George Liden, 6011 Agnes expressed concern for the increase in alcoholic beverage license applications and wished to go on record as being very much opposed to this type of business, stating that there were enough establishments of this nature in the City already. Mr. Woollett stated that all the City can do legally is communicate with the Alcoholic Beverage Control Dis- trict and furnish forms for those who oppose and wish to get up a petition, which must state the grounds for opposition. 321 Council Minutes, August 13, 1962, Page 6 Mr. Jack Neuman, 5059 Sereno Drive, asked what was being done; about parkway obstructions and was informed that Ordinance No., 62 -75 has just been adopted relating to mid -block obstructions; and that the staff has begun its survey of the City. Mr. B. Meek, 6004 Rosemead Blvd. asked what streets the overnigh parking ordinance would be enforced on. The City Manager listed the following major city streets: North- south: Rosemead Blvd., Encinita, Temple City Blvd., Bald- win, El Monte Ave. and Double Drive. East -west: Longden, Las Tunas, Live Oak, Olive and Lower Azusa. The remainder would be on a complaint basis only. W. H. Owen, 5541 Pal Mal - stated this was the first Council Meeting he had ever attended and found it very enjoyable and constructive and felt that more people should attend. Councilman Nunamaker informed the Council that it has come to' his attention that the Parks Foreman should have a regular meal badge in order to command more respect from the public. He re- quested the staff to check with Sheriff's Department and other sources and report at the next meeting. City Manager Woollett had several matters as follows: (1) Status Report on Double Drive Storm Drain Project: This item going to the Board of Supervisors August 14th, let out to bid on August 28th, bids opened September 28th and contract awarded sometime between September 28th and October 8th. It was hoped that this work would be completed before the racing season but it is the opinion of the Flood Control District that it woul be impossible. The contractor will be given 365 days to complet the project, which would mean that it would be finished the earl part of October 1963. The City will widen the street as soonas it is completed. (2) The Junior Chamber of Commerce request permission to place a banner across Las Tunas Drive announcing their Polio Clinic, such banner to be displayed from August 14th through August 24th Councilman Nunamaker moved to grant request, seconded by Council man Dickason and carried. (3) City Manager Woollett stated that all license applications pertaining to entertainment, dancing, alcoholic beverages, etc. wi i l be referred to Council for their perusal, and if desired; they can be brought before the Council for a hearing and deter- mination. The County cannot and will not issue a license until they get an O.K. from the City. Councilman Nunamaker stated this should also be the case in all other businesses. (4) At the last joint meeting with the Parks & Recreation Com- mission a fee schedule was recommended and it will now be nec- essary for the Council to act upon this. Councilman Dickason, moved to adopt the new fee schedule, seconded by Councilman Nunamaker and carried. (5) A petition was handed Councilman Merritt stating that the barking of dogs at 5812 Camellia and 5838 Camellia was a nuisanc Councilman Nunamaker moved to refer this to the Sheriff, and all concurred. Mayor Tyrell also had a few items: (1) The Automobile Club requested that the Police Department display bumper strips to which Lt. Baker replied that they put them on every year. cuae xJvjji.. (2) Received a letter from Larry 4,etirefel requesting the Mayor to write a letter of condolance,on behalf'of the City CounciU to his brother's family in Texas. Request denied. 322 1 1 1 Council Minutes, P.ugust 13, 1962, Page 7 (3) Alan Gaul, reported for the Post Advocate, is leaving to assume .a position up north. Mayor Tyrell expressed appreciation on behalf of the City Council for the fine cooperation and ac- curate reporting and wished him good luck. 24. ADJOURNMENT: Councilman Merritt moved to adjourn, Councilman Nunamaker se- conded, and carried. Council adjourned at 11:00 P.M. until the next regular Council Meeting on August 27, 1962, at 7:30 P.M. 'at the City Hall, 9664 E. Las Tunas Dr., Temple City. ATTEST: City Clerk 323