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HomeMy Public PortalAboutCity Council_Minutes_1963-03-11_Regular 19631 C 1 T ¥ C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA MARCH 11, 1963 INITIATION: The regular meeting of the City Council was called to order by Mayor Tyrell at 7:30 P. M. The Mayor led the Pledge of Allegiance to the Flag. INVOCATION: Invocation was given by Father Birch of the St. Lukes Catholic Church of Temple City. 4. ROLL CALL: PRESENT: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Attorney Shatford, City Manager Joollett 5. APPROVAL OF MINUTES: a, Minutes of the regular meeting of Febr. 11, 1963. Approval of these minutes was held over for clarification of Item 22. A transcript of this item was furnished the Councilmen as fol. lows: Mayor Tyrell: I was contacted by Mr. Woollett concerning his availability as a consultant. However it was my opinion then, and still is, that such experience will be beneficial to us and not a waste of time outside of City's time. From his memo understand that he is not engaging in this due to dissent of one or more council members. We will gain nothing but stature through his experience and actions, and I believe we should en- courage this. There has been some criticism of his taking part in city club activities. 1 think it is important in his posi- tion as City Manager, and I am familiar with other cities and think they make it a point as part of indoctrination in City matters, and I think it should be encouraged, and I am very sorry that any Councilman should indicate that it is not the thing to do. Councilman Fitzjohn: Do you think this should be brought up at a public meeting to discredit any one or two members of the Council? Councilman Dickason: It is my own thinking a person can get over - extended. In this position there are many invitations. I think he has done a commendable job of public relations. He needs to do a lot of things as City Manager and I think we should talk this over in a personnel session. You cannot go entirely public relations. There are other things to be done in the City. Councilman Fitzjohn: I think it is in better taste to talk this over in a personnel session. Councilman Dickason: This is my impression, whether he should take on additional duties like taking over as President of the Rotary and National Guard. Councilman Fitzjohn: Bill gets my full support and I think he has done a terrific job. Councilman Dickason: The question is how a man should spend his available hours, and we can talk about this in a personnel session. Councilman Dickason moved to incorporate this transcript into the minutes or February 11, 1963, and to approve as amended, Councilman Merritt seconded, and carried. b. Minutes of public hearing of Febr. 21, 1963, re -Jolly Coach- man. Councilman Nunamaker moved to approve, Councilman Fitzjohn 430 Council Minutes, March 11, 1963, page 2 seconded, and carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker NOES: Councilmen- None ABSTAINING: Councilman - Tyrell AB:E\iT: Councilmen -None c. Minutes of regular meeting of Febr. 25, 1963. Councilman Merritt moved to approve, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NC : :)1 Councilmen -None ABSx To ., Councilmen -None L-.) i.. 1'u d,, Hearing minutes of Febr, 27, 1963, continued from Febr. 21, :963. Councilman Nunamaker referred to the statements made by Cape. Pascoe and requested they be included in the minutes. Trar t :;cr i pt of his statements are as follows: Ma /o;- r,o Tem called upon Capt. Pascoe of the Sheriffs Dept. to make Y statement. Care =ascoe: I have no statement to make, however I would be glad to answer any questions I can. Councilman Dickason: Do you consider the Jolly Coachman any more of a police problem than the other taverns in the City of Temple City? Capt. Pascoe: The Coachman itself? Councilman Dickason: yes Capt. Pascoe: No, I do not. Councilman Dickason: Have you the number of man hours that go into policing this particular tavern, has this been increasing lately? Capt. Pascoe: Yes, it has. Councilman Dickason: It has increased? Capt. Pascoe: Yes. Councilman Dickason: Would you say a little bit or considerable? Capt. Pascoe: I would say considerable. Councilman Nunamaker: Have you had full co- operation at all time from this man on anything that has gone on down there? Capt. Pascoe: Yes, we have had cooperation from Mr. Broadhead. Councilman Merritt: Capt. Pascoe, regarding reports possibly from your Department or that you personally have noted, are the programs or entertainment here any better or worse than stmtlor establishments in the area? Capt. Pascoe: I have never heard anything complimentary on the entertainment. Everything I have heard on the entertainment is derogatory, that is of a vulgar nature, double meaning, that the normal individual that takes the opposite meaning would be pre- sumed to have a filthy mind. City Manager .\`ool Lett: There was mention made at the first por- tion of the Hearing last week concerning actions of an individual driving a police car. I believe you are familiar with this in- cident and I wondered if you could indicate to us if you have any knowledge as to whether this was a member of your Dept. or not, or any other information that yott might have. Capt. Pascoe: No, that information came to our office and in- vestigation reflected it was another agency, the individual that 431 Council Minutes, March 11, 1963, page 3 was in that car has been disciplined and as far as we are con- cerned it is a closed issue. It was not a member of our Dept. Atty. Howser: Capt. what are you referring to? Capt. Pascoe: What is this, Mr. Howser? Atty. Howser: This question you are testifying? Cac. Pascoe: Information came to our department, and we dispatch eci , Sergeant to the scene, that one of our officers was seen at the parking lot in a black and white automobile and he was ob- served to kiss a lady goodnight. The lady ran into the Jolly Coachman and the officer proceeded in a westerly direction in the alley. Atty, . Howser: Fine. When you say complaints on the Jolly Coach- man hf ve increased, do you have a record as to the source of thes ccomplaints? Capt. i'ascoe: We do. Atty. Howser: Do you have that record with you? Capt. Pascoe: No, I do not. Atty. Howser: Do you have any knowledge as to whether or not those complaints are from the very people who have appeared here at this Hearing? Capt. Pascoe: Some of the complaints are, yes. Atty. Howser: Do you know whether or not the rest of the com- plaints you have received have been stimulated by the people who have protested here? Capt. Pascoe: I would have no knowledge of that, Mr. Howser. Atty. Howser: Capt., your Dept. is under special contract with the City of Temple City for police matters in this area? Capt. Pascoe: That is correct. Atty. Howser: To your knowledge have you ever made an arrest for anything at the Jolly Coachman? Capt. Pascoe: Yes, we have. Atty. Howser: For what? Capt. Pascoe: I think we had an outstanding warrant at one time. Atty. Howser: For a burglary or somebody, I am talking about the business operation? Capt. Pascoe: No we never have. You mean within the premise property? Atty. Howser: Yes. Capt. Pascoe: No, we have not. Councilman Nunamaker: May I ask who the outstandinn warrant was for? Capt. Pascoe: 1 believe it was for Mr. Broadhead, as I recall. Councilman Nunamaker: Was he taken in then and booked? City Attorney Shatford:'It was a traffic citation. 432 Council Minutes, March 11, 1963, page 4 Capt. Pascoe: It was an outstanding traffic warrant, I believe is what it was. Councilman Nunamaker: That is all I wanted to know, what it was. Councilman Fitzjohn moved to approve the minutes of the public Hearing as amended, Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None ABSTAINING: Councilman - Tyrell 6. ORDINANCE NO. 63 -103: Requiring public street frontage on re- sidential streets. City Attorney Shatford read title to Ordin- ance No. 63 -103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO PROVIDE REQUIREMENT THAT ALL LOTS FRONT ON A PUBLIC THOROUGHFARE. Following dis- cussion the body of the ordinance was amended as to dates ap- pearing as March 31, 1963, to change to April 25, 1963. The City Attorney re -read the title to Ordinance No. 63 -103 with amendments, as a first reading. Councilman Nunamaker moved to waive further reading as amended, Councilman Fitzjohn seconded and carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None As this was the first reading of the amended ordinance no fur- ther action was taken. ORDINANCE NO, 63 -104: As this was corrected as to date from March 31 to April 25, 1963, on page 3, City Attorney Shatford read title to the amended Ordinance No. 63 -104 as a First read- ing AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO PROVIDE LOT WIDTH REQUIREMENT. Councilman Nunamaker moved to waive further reading, Councilman Dickason seconded, motion carried by the following roll call vote; AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 7. STATUS REPORT: Civil Defense City Manager Woollett advised item 3 on the project of checking supply of C/D pamphlets had been completed. He advised progress was being made on the other items and they were trying to meet the completion dates as set up. Councilman Dickason advised there are always new things coming up to be considered and re- quested the Council to give this their consideration and advise the Civil Defense Committee of any suggestions or changes they might recommend. 8. RESOLUTIONS RE -JOLLY COACHMAN City Attorney Shatford read title to Resolution No. 63 -267 re- voking Entertainment License #8136, Hal Broadhead, Licensee, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RE- VOKING ENTERTAINMENT LICENSE NO, 0136 ISSUED TO HAI.. RROADHEAD, OWNER OF THE BUSINESS KNOWN AS THE "JOLLY COACHMAN" AT 9151- 9153 LAS TUNAS DRIVE, TEMPLE CITY, CALIFORNIA. Councilman Nunamaker moved to adopt Resolution No. 63 -267, Councilman Fitz - john seconded, and carried by the following vote: AYES: Councilmen - Dickason, Fitzjohn, Nunamaker NOES: Councilmen - Merritt ABSENT: Councilmen -None ABSTAINING: Councilman - Tyrell City Attorney Shatford read title to Resolution No. 63 -268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENY- ING REVOCATION OF DANCING LICENSE NO. 8135 BUT IMPOSING A CON- DITION UPON CONTINUED USE OF SAID LICENSE RELATING TO ELIMINA- TION OF NOISE. Following discussion it was decided the "NO 433 Council Minutes, March 11, 1963, page 5 PARKING" should be on both sides of Loma Ave. from the first alley north of Las Tunas Dr. to the second alley north of Las Tunas Dr., and both sides of Hermosa Ave. 100 ft. from the centerline of Loma Ave., all to be posted "NO PARKING" between the hours of 9 :00 P. M. and 4 :00 A. M. Councilman Fitzjohn mov- ed to adopt as corrected, Councilman Dickason seconded, roll cal; vote carrying as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None ABSTAINING: Councilman - Tyrell 9. PUBLIC HEARING: 8 :00 P. M. re- Appeal from decision of Planning Commission at 10048 Olive St., Variance Case #62 -41. (Continued) This Hearing was adjourned on Jan. 14, 1963, to this date to give the property owners in the area an opportunity to see if they could get together and come up with a plan of more orderly development. The City Manager advised the original petition included the names of Frances I and Robert J. Ingraham and read a letter received stating an agreement cannot be reached and that they wish'to withdraw their objection to this zone variance case. The petition was also signed by Richard Jonda, Richard Lucas and Bill Boren. Mayor Tyrell declared the Public Hearing open. The following came forward in support of the Petition to revoke the Planning Commission decision: Harry Scheibe], 10317 Olive, W. R. Boren, 5311 Zadell, Mrs. Richard Jonda, 5325 N. Zadell, Dick Lucas, 5301 Zadell Those speaking and not supporting the petition were as follows: Mrs. Howard Spotts, 10034 Olive, Mr. Mcllroy, 10040 Olive, Mrs. G. P. Van Petten, 11752 Coldbrook Ave., Downey. Following a lengthy discussion Councilman Dickason moved to close the Public Hearing, Councilman Fitzjohn seconded, and carried. At this time the Councilmen discussed the various as- pects of this case. Councilman Dickason moved that the City Attorney be instructed to draw a Resolution by which the deci- sion of the Planning Commission regarding granting of a variance in this particular matter be reversed, and that reversal be without prejudice to the filing of a future application for a lot split upon the adoption by the City of Temple City of a Master Plan, Councilman Fitzjohn seconded, roll call vote to carry the motion as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 10. TRAFFIC COMMISSION RECOMMENDATIONS: Item 5. Las Tunas Dr. - Time limit parking. Recommend installa- tion of two -hour time limit parking on both sides of Las Tunas Dr. between Rosemead Blvd. and Muscatel. Item 6. Noel Drive and Broadway. - recommend installation of SCHOOL CROSSING sign to be placed on Broadway easterly of Noel Dr. and double centerline striping! on Broadway at both approach- es to the crosswalk. Item 7. Sultana at Las Tunas Dr. - Mast Arm. Recommend modid fication from 8" to 12" for the two signal heads at the south- east corner of Sultana and Las Tunas Dr. the cost to be includ- ed in the budget for the next fiscal year of approximately $730. Item 13. recommend flashing yellow signals on Las Tunas Dr. be advanced in time from 11 P. M. to 10 P. M. Councilman Merritt moved to approve items 5, 6 and 13, Council- man Fitzjohn seconded, carried by the following, roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Item 7. The City Manager explained this item was recommended to- be considered in next years budget. Councilman Nunamaker moved to refer to the staff to consider in the budget in next years budget, Councilman Fitzjohn seconded, and carried. 434 Council Minutes, March 11, 1963, page 6 11. ACCEPTANCE OF SANITARY SEWERS & RELEASE OF FAITHFUL PERFORMANCE BOND: TRACT #27309 City Manager }-doollett advised the City Engineer recommends the City Council approve the work and accept for public use the sanitary sewers constructed for Tract #27309, and cancel the bond for faithful performance for the construction of sewers in Tract. 27309 P.C.6286, in the amount of $13,000. submitted by J. B. Weber Dev. Co., Inc., 5926 Temple City Blvd., Temple City, Calif., as Principal, and Fireman's Fund Insurance Co. as Surety. Councilman Merritt so moved, Councilman Nunamaker seconded, carried by the followinc roll call vote: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 12. REQUEST FOR CHARITABLE SOLICITATION PERMITS: a. Church of Faith Missionary Services, request permit for door to door solicitation from March 12 to Dec. 31, 1963. Following discussion Councilman Nunamaker moved to reject their request, Councilman Fitzjohn seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None b. Oriole Girls of Re- Organized Church of Jesus Christ of Latter Day Saints: request permit for candy sale March 1 to Apr. 30, 1963. Councilman Fitzjohn moved to approve, Councilman Nunamaker seconded, and carried. c. Pharoah's Car Club: for car wash at Service Station on north- west corner of Alessandro and Las Tunas Dr. March 16, 1963, 9 A. M. to 5 P. M. Councilman Fitzjohn moved to approve, Councilman Nunamaker seconded, and carried. RESOLUTION NO, 63 -266: Warrants & Demands Following discussion Councilman Fitzjohn moved to adopt Resolu- tion No. 63 -266, warrants and demands Nos. 2368 through 2426 in the sum of $52,723.95, Councilman Merritt seconded, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 14. COMMUNICATIONS: A. American Red Cross: permission to raise banner. City Mana9c1 Woollett read a letter from the American National Red Cross, Temple City Chapter, requesting permission to raise a Bloodmobilt Banner across Las Tunas Dr. near Temple City Blvd, March 28 to April 8, 1963. Councilman Merritt moved to approve subject to usual insurance provision, Councilman Fitzjohn, carried. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Chas. Oakley, 6164 Rosemead, came forth regarding a complaint he had made to City Hall and was advised that the matter was being taken care of in the courts. 16. MATTERS FROM CITY OFFICIALS: Councilman Fitzjohn advised a member of our Parks & Recreation Commission had been serving illegally since December, and moved that "Pop" Gunst be re- instated from December, and re- appointed for a four year term, Councilman Nunamaker seconded, roll call vote as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Councilman Dickason requested information regarding who named the streets in a new subdivision, and was advised by the City Manager that the Subdivision Committee of the County working for the City does this to coincide with existing streets as much as possible. 435 Council Minutes, March 11, 1963, page 7 Councilman Nunamaker stated some time ago Mr. oollett said they were working out the drainage problem on Cloverly, and Broad way and asked for a report regarding; this. The City Manager advised he had requested a petition be prepared in order to have curb and cutter completed. This will be circulated by the prop- erty owners and returned and then go through the regular channel Councilman Nunamaker stated a teen -age night club was losing its license as annoyance to the neirh'.orhood.. Mayor Tyrell advised this particular club had been under surveillance for some time and he agreed, but there was also one that was excellently run. The Mayor also stated the one in Alhambra was very well received in spite oF many people who prophecied doom. City Manager .toollett requested the Council to set a Public Hearing for March 25, 1963, on curb and gutter project, at 8 :00 P. M. to set the assessment on the work the City has done and decide what to charge. Councilman Dickason so moved, Councilman Fitzjohn seconded, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None City Manarer ,00llett presented a petition for curb and gutter for 1225 Ft. on the north side oF '.roadway between Temple City Blvd. and Golden West, which represents 72.8% signed up. He advised ne Funds budgeted for this purpose have been expended. The desc°n has been completed and the people wish to go through with it at the present time. To do so the City will have to appropriate additional funds For the rebate plus $3675. for paveout and modification of the existing street 'chat will be necessary, at a total cost of approximately $42Co. He advised we have in reserve funds some $27,000. under revenue this year. Following: discussion Councilman Merritt moved to set a Public Hearing For 3 :15 P. M. on March 25, 1963, for curb and gutter on the north side of Broadway between Temple City Blvd. and Golden West Ave., Councilman Nunamaker seconded, roll call vote carry- ing as follows: AYES: Councilmen- Dickason, Fitzjohn, .Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Councilman Dickason moved to appropriate these necessary funds from the reserve fund unappropriated, Councilman Fitzjohn second ed, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None RESOLUT I6P Nu. 63 -269: City Manager .'ool Lett read title to Reso- lution No. 63 -269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO C I RCULC.TE .'-1 PETITION FOR THE ANNEXATION OF TERRITORY DESIGNAT- ED AS "'J EXATIESN NO. 6 A WEST TEMPLE CiTY, INHABITED," AND AN AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE ;- ET I T I'ii'!. Councilman Merritt moved to adopt Resolution No. 63 -20, Councilman Nunamaker seconded, and carried. City Attorney Shatford reported on the drainage problem on Kauffman /`.ve. and advised he had met with the attorneys represen ing the property owners and the subdivider, and the man owning' the property immediately adjoining Kauffman to the south. A tentative settlement was agreed upon to run an open ditch with a covered ditch from about 150 ft. to the rear, and to Lower Azusa where it will dump into the storm drain. Mr. Shatford talked to Streicher Engineering and it was estimated the engin- eering cost would be between $700, and $800., and $1,CO0. if closed. This solution offers the city an opportunity to elimin- 436 1 1 1 Council Minutes, March 11, 1963, page 8 ate this troublesome condition. It was Mr. Shatford's recommen- dation that the City agree to pay engineer expenses that might be involved in the settlement in a sum not to exceed $1000. He will then get together with the attorneys and try and resolve this problem without further legal expense. Councilman Merritt moved that if this settlement is carried the engineering portion of the obligation would be assumed by the City up to $1000. Councilman Fitzjohn seconded, carried by roll call vote as follow: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -none ABSENT: Councilmen -None City Manager loollett advised the City Engineer recommends appro- val of the work done for completion of the monument work and to exonerate the surety bond in the amount of $2010. furnished by Fireman's Fund Insurance Co., Principal J. B. Weber Development Co. Councilman Nunamaker so moved, Councilman Fitzjohn seconded, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None The City Manager read a letter from Chevron & Standard 011 Co. and a copy of a permit issued by the Fire Dept. to them for geo- physical operations within the City. These are test borings. It is necessary for the City to approve this. Councilman Fitzjohr so moved, Councilman Merritt seconded, and carried. George Envall, Traffic Engineer, advised the Traffic Commission recommend removal of a section of skip line markings and addition of a 12" barrier line on the south side of Las Tunas Drive ap- proaching Sultana. This requires about 200 ft. of removal and about 200 ft. of barrier line. Councilman Nunamaker moved to approve, Councilman Merritt seconded, carried as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT:Councilmen -None Councilman Nunamaker read from a pamphlet regarding Sunday Blight and recommended the Council study this and back this thing up. There are too many people working on Sunday and not getting prop- er rest and recreation that they should have, and he felt we should write our Congressmen and state approval. The staff was requested to get additional copies or this pamphlet and give one to each Councilman to study. 17. ADJOURNMENT: Councilman Fitzjohn moved to adjourn, Councilman Merritt seconded, and carried. Council adjourned at 9:30 P. M. until the next regular meeting on March 25, 1963, at the City Hall, 9664 E. Las Tunas Dr., Temple City, at 7:30 P. M. ATTEST () City Clerk 438