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:
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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
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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;
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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.
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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.
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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
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