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HomeMy Public PortalAboutCity Council_Minutes_1962-08-27_Regular 1962C I T V C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA AUGUST a7, 1962 INITIATION: The regular meeting of the City Council of the City of Temple City was called to order by Mayor Tyrell who led the Pledge of Allegiance to the Flag. INVOCATION: Invocation was given by Rev. R. E. Schulz of the Lutheran Church, 9123 Broadway, Temple City. ROLL CALL: PRESENT: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Manager voollett and City Attorney Shatford APPROVAL OF MINUTES: Minutes of regular meeting of August 13, 1c62. Councilman Merritt corrected item 4, roll call to show under ABSENT, Councilman Fitzjohn. Mayor Tyrell corrected item 2 at the bottom of pane 6 to spell Mr. Cude's name correctly. City Manager Woollett under item 18 reaardincy the B -ddum Con- struction check No. 1755 tc read : "in the amount of 10% which; had been held until final notice of completion and affirmatin that it meets all requirements." Also under item 10 regarding the Recreation Dept. should read "introduced the Temple City All -Star Pony League Team ". Councilman Nunamaker moved to approve the minutes of the regular meeting of August 13 as mailed and corrected, Councilman Fitzjohn seconded, rn11 call , °vote as f- llows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker,Tyrel' NOES: Councilmen -None ABSENT: Councilmen -None Minutes of August 20, 1962, Special Meeting of the City Council. City Manager Woollett corrected item 2, paragraph 2 under (1) the date should read "on August 21 ". Councilman Merritt moved to approve the minutes of the Special Meeting of August 20, as corrected, Councilman Nunamaker seconded, and carried. UNFINISHED BUSINESS: RESOLUTION NO. 62 -229: Re- Denial of appeal for zone variance. City Attorney Shatford read title to Resolution No. 62 -229, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING APPEAL FROM RECOMMENDATION OF THE PLANNING COMMISSION THAT THE APPLICATION OF HOWARD ROBERT SPOTTS, THOMAS F. MC ILRO' AND NOTA B. TOLBERT FOR A ZONE VARIANCE UPON CERTAIN REAL PROP- ERTY LOCATED AT 10034, 10040 AND 10048 OLIVE STREET, FROM ZONE A -1 -1 TO r.R -3 BE DENIED. Councilman Merritt moved to adopt Resolution No. 62 -229, Counc lmar Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt,Nunamaker,Tyrell NOES: Councilmen -None ABSENT :. Councilmen -None 7. PETITION REQUESTING ABATEMENT ARISING FROM THE OPERATION OF THE "JOLLY COACHMAN" AT 9151 E. LAS TUNAS DR. City Manager Woollett advised the Council a petition had been received signed by 49 adjacent residents and property owners requesting the nuisance caused by the Jolly Coachman be abated, 1. as a result of inadequate off street parkins excessive night street parking by patrons of the Jolly Coachman on both. Loma and Hermosa Avenues, at the intersection thereof, pre- vents reasonable parking and ingress and egress by the resi- dents. 2. That excessive noise, both by automobiles and by persons particularly late at night, distrubs the rest and sleep :of said residents. 3 That such use and noise by the patrons of "The Jolly Coach 326 Council Minutes, August 27, 1962, page 2 man" is detrimental to the use of the property of the undersign, ed and to the property values. Morris L. Turner, 9144 Hermosa Dr., spoke strongly against the entertainment on Thursday evening at the Jolly Coachman as to' the excessive parkins all over Loma and Hermosa Avenues, adja- cent parking areas, and advised regarding the numerous times the sheriff had been called to the area due to the noise and, boisterous conduct of the patrons both during the e\.:ninc� and late at night with no respect for the .people �or property in the area. He recommended to alleviate the problem that the alley be made a one way alley, all adjoining parkin° places should, be contacted, and the license of entertainment should be null and void. Mrs. J. W. Lang, 9133 E. Hermosa Dr., spoke against the enter- tainment in respect to the number of children in the area at teen -age level, that they can hear the noise inside their homes even during winter months when the doors would he closed. She felt something definitely should be done regarding the traffic and the noise. John Walters, 9145 E. Hermosa Dr„ advised he did not know why this type of entertainment is permited in the City, and that patrons use adjoining lawns For bathrooms, and he felt some action should be taken by the City. Mrs. Viola Turner, 914; Hermosa Dr., verified Mr. Walters c,m- plaints, and also that the buses used by the Jolly Coachman leave there on Sun. mornings arouno 10 A. M., the passengers leaving, there cars in the area all day until the bus returns at 2 A. M. causing a noisy disturbance. The following people wished to appear in the record as 'opposed to the present parking and entertainment at the "Jolly CoachmanY Jos. i':'. Lang, 9133 E. Hermosa Dr. Marjorie Walters, 9145 E. Hermosa Drive Philip Trevas, 9165 E, Las Tunas Dr. Mrs. Philip Trevas, 9165 E. Las Tunas Dr. R. C. Martin, 9161 E. Las Tunas Dr. Hal Broadhead, 9151 E. Las Tunas Dr., owner and operator of "The Jolly Coachman" stated as Follows: 1. retarding inadequate off - street parkin°, 1'have nine spots for parking in my lot. Dr. Young next door has given per- mission to use spaces west of Loma Avenue, and Charles Shoe. Shine & Shoe Repair have also coivenkpermission to use their parking lot, which will accomodate ..;.) cars in these three areas plus the side streets which are public streets and our patrons have every right in the world to park on them. 2, regarding disturbing the rest of these residents, parking is a problem there 24 hrs. a day. I opened up at 3 P. M. and there were 12 cars parked around the corner. There have been no fights, no riots, or For any damage report, after the patrons leave I have no control over them. 3. Re- customers of the Jolly Coachman. My folks live i n Tempi( City, and I was raised here, I have been in business here fo 16 months, it is zoned for commercial purposes, and the lot had been vacant until 16 months ago. The pr- Terty was Poste( for 30 and 45 days giving time for any lecal protests aoains: this operation going! in, We have films of sports car racing and feature movies. The Sheriffs Dept. has witnessed pretty near every one we have. Councilman Dickason asked iF he considered the entertainment to be a credit to the community and Mr, Broadhead advised everyone admitted is 21 yrs. or older, and a mixed crowd, and there is nothing there that is not found at any other business of this type. Councilman Fitzjohn asked if he would permit his childre; if 21 yrs. of acie to view this type of entertainment and was advised "yes, I would." Following discussion of the Councilmen, Mayor Tyrell read into 327 Council Minutes, August 27, 1962, pare 3 record the report From the Sheriffs Dept. as Follows: "At the time this establishment was licensed no protests were filed. Subject Broadhead has never been convicted of a crime, nor has he been in violation of any Alcoholic Control laws. This bar is engaged in dispensing beer and wine, coupled with -Id time movies, special events movies aod live entertainment, in my opinion, of a very lewd nature. A review of the cafe incident riles maintained in the Temple Station reflects the following: 8 -28 -61 a fight by three male patrons 12- 2.1 -61 a memo to Vice Detail regarding lewd movies being — shown (not substantiated) 6 -10 -62 Subject Broadhead was the victim of a burglary where. in $240.55 was stolen and numerous calls regarding loud band music, noise in the park- ing lot, and excessive noise created by patrons leaving the pre- mises. Coupled, with numerous complaints pertaining to legal; parking in the residential areas adjacent to the establishment. Numerous contacts have been made with neighbors within the im- mediate vicinity regarding the noise, the strewing of beer cans on private property, crowded parking conditions existing on the side streets, etc. However, these complaints have not been ton specific, but a stringent preventative patrol has been maintain- ed in the surrounding area for the past two months. Also numer- ous identification checks have been conducted upon the premises at least semi - weekly for the past thirty days. Mr. Broadhead seems very cooperative to the Deputies and has stationed men at both the front and back doors for the purpose of checking I. D. cards of the patrons within the bar to pre; vent the service to those under twenty -one (21) years of age: Also, under law his capacity is 120 patrons, and the crowd does not exceed this number. The live entertainment at this location is below standard from both a moral point of view and an entertainment print of view. The jokes are filthy, and of course, the reply to this inquiry is that they may be taken either way. And, if an individual: prefers to take the vulgar point their reply is "they must have a filthy mind ". am under the impression that these vulgarities will cease in the very near future. Periodic announcements are made via the loud speaker requesting_ the patrons to please be quiet when leaving location and to hold the merriment within the establishment to a minimum. Another observation by the writer is the class of individuals that frequent this particular establishment. The ace group appears to be between 21 - 2.5 and of the "Ivy League" type, rather than the ordinary rowdy. They depart from location in groups of from three to six. This coupled with the fact that there are very few females present arouses my suspicion as to the moral character of those involved. The Vice Detail has been made aware of my suspicions and a surveillance has been main- tained For the past three weeks with negative results. Our problems were presented to the District Attorney's Office it Pasadena, and we were informed that the complaints as registe -rec and coupled with a petition From the neighborhood did not con- stitute basis for proceedings against the establishment or its abatement as a nuisance. 328 Council Minutes, August 27, 1962, pace 4 Possibly one solution to this problem would be to limit park- ing to one -half hour between 10 PM and 2 AM or the streets ad- jacent to this establishment." Upon questioning Mr. Broadhead advised he intended to maintain the same type of entertainment. Mayor Tyrell stated on Thursda nights the moving pictures, which are regular Feature pictures are not objectionable, but the live entertainment was objection, able, Discussion followed regarding eliminating tyke of enter - tainment.which attracts the objectionable element of patrons. City Attorney Shatford advised it is all regulated by the laws of the City of Temple City which has a lot of jurisdiction.. Also before the Council can consider taking a license away a public hearing must be held and the legal steps and reasons for revoking a license were explained by the City Attorney. The licensee said he was doing to continue entertainment, and do not know which he referred to, but certainly if he was to, continue what the Mayor found to be indecent he would be liable to have his license revoked. Councilman Fitzjohn moved to set a public hearing f-,r 8 P. M. on October 8, 1062, in the Council chambers, Councilman Dickas;or seconded, roll call vote as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt,I'unamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None REQUEST FOR LIQUOR LICENSE AT 0654 E. LAS TUi'AS DR, City Manager Woollett advised that the Alcoholic Beverage C,n-- trol Board has notified us that the applicant For a 1iqu-r li- cense at 5833 Temple City Blvd. has withdrawn his application. At this time the application For 0654 E. Las Tunas Dr. is to be considered. Mr, Woollett advised two communications have . been received this evening as follows: 1. a letter from Rupert C. and Nellie D. Curtis , 5829 N. Primrose, in opposition to the license 2. a petition signed by 28 citizens who are opposed to further liquor licenses. Councilman Dickason moved to make these communications a part of the record, Councilman Merritt seconded, and carried. The City Manager advised the realtor had stated the application had been withdrawn but this has not been verified by the Alco- holic Beverage Control Board. Councilman Nunamaker moved to, instruct the City Manager to contact the Alcoholic Beverage Control Board indicating the Council's protests to the issuance of a liquor license for 9654 E. Las Tunas Dr., Councilman Merritt seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT :Councilmen -None 0. REQUESTED COST ESTIMATE ON BADGES FOR PARK PERSONNEL City Manager Woollett reported on the request for consideration of badges for park personnel indicating the cost to be about #12.00 each. He also suggested if the Council decided to pur- chase badges for the three park personnel that they also pur- chase one for our Chief of Police. After discussion Councilman Nunamaker moved to purchase these three badges for the park personnel and one for the chief of Police, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT:Councilmen -None Councilman Merritt suggested a similar type of badge and iden- tification card be issued to the Traffic Commission members. Following discussion Councilman Fitzjohn moved to secure iden- tification cards for the commissioners, Councilman Nunamaker se- conded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker,Tyrell NOES: Councilmen -None ABSENT: Councilmen -None _ 329 Council Minutes, August 27, 1962, page 5 10. PROPOSED DUTIES OF THE FINANCE COMMITTEE: City Manager Woollett explained the recommendations of the pre- sent Finance Committee regarding their duties and responsibili- ties, and also advised the staff is initiating a study of the' legal financial responsibilities for the City Clerk, the City; Council, and the City Treasurer. City Manager Woollett read in full the recommendations for the duties of the Finance Committee, Councilman Merritt moved to approve the recommendations and that they be approved as policy, Councilman Fitzjohn seconded, and carried. NEW BUSINESS: ACCEPTANCE OF SANITARY SEWERS AND RELEASE OF FAITHFUL PERFORM- ANCE BOND: BOGUE FROM PAL MAL WESTERLY City Manager Woollett read a letter from the County Engineer , advising formal acceptance is required. Councilman Nunamaker; moved to approve the work and accept for public use the sanitary sewers in Tract No. 26554; P.C. 5915, and to cancel the Faithful Performance bond in the amount oF $5500.00 dated November 21,, 1961, submitted by Meeker Development Co., Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker,Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 12. REQUEST FOR DELAY OF INSTALLATION OF CURB & GUTTER: J. B. WEBER DEVELOPMENT CO. - ORDINANCE NO. 62 -68, 2nd reading. City Manager Woollett advised that some time ago the zone change was granted and one stipulation was that curb and gutter be in- stalled on the west side of Arden Dr. before the zone change be- came effective. Also that Mr. Weber had deposited with the City the sum of $917.50, and he recommended the Council adopt Ordi- nance No. 62 -68 and also indicate acceptance of the bond he has posted and allow him to construct the curb and gutter after he has completed building. City Attorney Shatford read title to Ordinance No. 62 -68 ORDINANCE OF THE CITY COUNCIL OF THE CITY! OF TEMPLE CITY CHANGING THE ZONING OF THAT CERTAIN REAL PROPERTY SUBJECT OF ZONING CASE 61 -23 LOCATED ON THE WESTERLY SIDE OF NORTH ARDEN DRIVE SOUTH ON FREER STREET FROM A -1 -1 TO R -1 -5000. Councilman Fitzjohn moved to waive further reading, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Councilman Fitzjohn moved to adopt Ordinance No. 62 -68, Council- ! man Merritt seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Councilman Merritt moved to let the curb and gutter installation be delayed until a later date acceptable to the City Manager and the petitioner provide adequate security acceptable to the City Manager, Councilman Nunamaker seconded, roll call vote as follow: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 13. RESOLUTION NO. 62 -230: REQUESTING C H P TO PROVIDE CROSSING GUARDS FOR 1962 -63: City Manager Woollett presented Resolution No. 62 -230 A RESOLU- TION OF THE CITY OF TEMPLE CITY REQUESTING THE CALIFORNIA HIGH- WAY PATROL TO PROVIDE CROSSING GUARDS. Following discussion Councilman Merritt moved to adopt Resolution No.'62 -230, Council- man Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 14. PRESENTATION OF CERTIFICATE OF RECOGNITION TO GUSTAV STINSTROM: Mayor Tyrell on behalf of himself and the Council presented 330 Council Minutes, August 27, 1962, page 6 Gustav Stinstrom a Certificate of Recognition For his fine ser- vices in behalf of the City. Mr. Stinstrom responded expressing his appreciation for this recognition. 15, ESTABLISHMENT OF SCHOOL - COMMUNITY SAFETY COUNCIL. City Manager Woollett explained this group were in the process of establishing a safety program and is made up of the follow4 ing: Chief of Police or representative Chief of Fire Dept. or representative President of High School Student Body or representative President of Oak Avenue School Student Body or represen- tative Safety representative of P. T. A. Council Representative of City Traffic Commission uperintendent of Schools City Manager or representative One school administrator He also advised this plan was being submitted to the Board of Education tonight as well as the Council with the recommendation that both officially recognize the School - Community Safety Coun- cil, Councilman Merritt moved to approve the recommendation, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 16. FIXING CITY TAX RATE FOR FISCAL YEAR 1962 -63 City Manager Woollett advised the tax rate had to be set before Sept. 1 each year and presented Resolution No. 62 -233 setting. "0" tax rate (no levy) for the year 1962 -63. Councilman Nuna- maker moved to adopt Resolution No. 62 -233, Councilman Dickason seconded, roll call vote as f=ollows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 1 RESOLUTION NO. 62- 232: WARRANTS & DEMANDS Councilman Merritt moved to adopt Resolution No. 62 -232, warrant! and demands No. 1789 through No. 1808, in the sum of $2479.49 , Councilman Dickason seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 18. PARKS & RECREATION COMMISSION RECOMMENDATIONS: Administrative Assistant Karl Koski presented the recommendation of the Parks & Recreation Commission; 1. purchase of 192 settings of china dinner ware and flatware. Following discussion as to the use of china or plastic dinner- ware it was decided to hold this over until the next meeting and in the meantime get a report from the Pasadena Health Dept. and the County Health Dept. regarding the use of plastics. 2. Purchase of all steel construction picnic shelters. Mr. Koski stated the cost would be $3100.00 and this provides 2400 sq. ft. of cover but which does not include the concrete slab and concrete foundation for approximately 12 columns, the total cost including these would be $4300.00. The Commission now is asking the Council to approve the design which is L shape and will then take necessary steps for plans. Councilman Merrit moved to approve the design, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen —None ABSENT: Councilmen -None 19. PROPOSED INCREASE OF LAW ENFORCEMENT: City Manager Woollett reported the Committee representing this City and associates met with the contract auditors of the grand jury to discuss the report submitted by the Committee on the 10t The report �f the audit committee of the Grand Jury indicated 331 Council Minutes, August 27, 1962, page 7 our report would be contained verbatum in their report to the Audit Committee. The foreman of the Grand Jury requested pre- sentation be made before the Grand July on Sept. 26 at 10 AM. Also the Board of Supervisors is meeting Aug. 28 to set the County Tax rate for 1962-63 and considering the additional $700,000.00 revenue item in the Sheriffs budget. Mayor Tyrell will make a presentation to them before they adopt the budget, 20. RESOLUTION NO. 62 -231: re purchase of Legion property. City Attorney Shatford read title to Resolution No. 62 -231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHOR (ZING EXECUTION OF A CONTRACT FOR PURCHASE OF AMERICAN LEGION PROPERTY AT 5941 NORTH GOLDEN WEST, TEMPLE CITY, AS PART PERFORM ANCE OF CITY'S OBLIGATIONS UNDER JOINT POWERS AGREEMENT WITH COUNTY OF LOS ANGELES RE CONSTRUCTION OF NEW COUNTY LIBRARY FAC- ILITY. Councilman Merritt moved to adopt Resolution No. 62 -231, Councilman Dickason seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 21. COMMUNICATIONS: City Manager Woollett presented letters from the County of Los Angeles Boundary Commission regarding annexations #288, #292, #293, #294, #295 to the City of El Monte, and #21A to the City of So. El Monte. Councilman Fitzjohn moved to receive and file, Councilman Nunamaker seconded, and carried. 22. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mrs. Robert Paddison, 5812 Primrose, Temple City, spoke regard- ing the liquor situation, and referred to San Marino as having no such problems and recommended the City contact their City Attorney, Mr. Charles Martin. Mayor Tyrell asked if she objecte to alcohol and was advised she did. Richard Fontana, 9121 Fairview, San Gabriel, stated he was a par of the corporation who wanted to open a beer parlor in the old post office building, and that last week they had withdrawn their application For a liquor license, and would now like to withdraw their application for restaurant, dance and entertainment. Councilman Fitzjohn moved to accept the request, Councilman Dickason seconded, and carried. 23. MATTERS FROM CITY OFFICIALS: Councilman Merritt stated he would in some manner like to do something to better control throwing beer cans thoughout the City on lawns and parkways. The problem is catching them in the act and identifying them. City Manager Woollett read a letter from David Carsen, of the Christian League, requesting permission for charitable solicita- tion to sell advertising in the Line -up, a publication for their football league. Councilman Fitzjohn moved to grant, Councilman Dickason seconded. Following discussion the roll call was: AYES: Councilmen-Fitzjohn, Tyrell NOES: Councilmen- Dickason, Merritt, Nunamaker The City Manager reported safety devices for Encinita and Lower Azusa will be discussed Sept. 5 at the Traffic Commission meet- ing with reports from the Public Utilities Commission, Sheriffs' Dept., Railroad, and our own Commission. Also that a survey had been completed in San Fernando Valley and the result was rather than the City reducing the speed limit agreement was reached for gates to be placed at all railroad crossings with Public Utilities paying 1/4 of cost, the Railroad 1/2 of cost and the City paying 1/4 of cost. This will be discussed at the Traffic Commission meeting and the Council will have a recommendation at their next meeting. 332 Council Minutes, August 27, 1962, pace 8 Councilman Merritt requested information recording the timing of the train signal on Encinita as to when it begins to operate distance -wise. Mayor Tyrell read a letter from Annabel Hutchinson, Chairman of the Alhambra -San Gabriel Chapter of the Daughters of the American Revolution,requesting the Mayor to proclaim Sept. 17.7 23 as Constitution Week commemorating the 175th anniversary of the signing of this document. Councilman Merritt moved to so proclaim, Councilman Dickason seconded, and carried. The Mayor read a letter from the Los Angeles Union Label Council requesting the adoption of a resolution declaring the first week of September as "Union Label Week ", The letter was received and filed. Regarding the 'Whitnall report, Mr. Koski reported we will have an exploratory draft of the zoning ordinance tomorrow, and a copy will be provided to the Councilmen for study and comments They will then incorporate your ideas in the first draft of the zoning ordinance which will be presented to the Planning Commi- sion for their action. There are three planning clinics left and these will be scheduled after Sept. 10. 24, ADJOURNMENT: Councilman Fitzjohn moved to adjourn until 7:30 P. M. on August 30, 1962, at the City Hall, Councilman Dickason seconded, and carried. Council adjourned at 10 :00 P. M. 1 ATTEST: 1 333