HomeMy Public PortalAboutCity Council_Minutes_1963-08-12_Regular 19631
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C I T Y C O U N C I L
CITY OF TEMPLE CITY
TEMPLE CITY, CAL I FORN I A
AUGUST 12, 1963
INITIATION:
1. The regular meeting of the City Council was called to order by
Mayor Nunamaker at 7:30 P.M.
2. Father Lueur of St. Lukes Catholic Church gave the invocation
3. following which Mayor Nunamaker led the Pledge of Allegiance
to the Flag.
k. ROLL CALL:
PRESENT: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
ABSENT: Councilmen -None
ALSO PRESENT: City Attorney Shatford and City Manager Woollett
5. APPROVAL OF MINUTES:
Councilman Merritt made two corrections as follows:
Page 1, Roll Call, should read ALSO PRESENT: City Attorney
Shatford; and on Page 19, the last roll call vote should read
NOES: Councilman- Fitzjohn instead of Merritt.
Councilman Tyrell moved to approve the minutes of the regular
meeting of the City Council of July 22, 1963, as corrected,
seconded by Councilman Merritt and carried by the following
roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamake;
NOES: Councilmen -None
ABSENT: Councilmen -None
UNFINISHED BUSINESS:
6. PROPOSED AGREEMENT BETWEEN CITY AND FL00D CONTROL DISTRICT
CONCERNING CITY'S CONSTRUCTION OF CATCH BASINS AT THE TIME THAT
BALDWIN AVE. IS IMPROVED. City Manager Woollett explained the
Agreement which provides for the installation of the catch
basins at the time of reconstruction of Baldwin Avenue, for
which the County Flood Control District has apportioned funds.
Councilman Tyrell moved to accept the agreement with Flood
Control, seconded by Councilman Fitzjohn and carried by the
following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
7. STAFF REPORT ON BUS BENCHES:
City Manager Woollett informed the Council that pursuant to
their request a survey of the bus bench situation has been pre-
pared by the . staff and the decision that the Council must make
should be one of the following:
(1) whether they want benches or not
(2) if so, should they be provided by the City with taxpayers
funds, or by private industry with control by City, or
(3) leave as is, provided by private industry with no control
over maintenance, construction, advertising, etc.
Considerable discussion followed regarding uniformity, location,
etc. although it was felt that private enterprise could best
handle the situation. Councilman Dickason moved to instruct
the City Attorney to draw an ordinance outlining control of bus
benches for consideration at the next Council meeting, seconded
by Councilman Fitzjohn. Councilman Tyrell stated that he felt
the only concern of the City should be in relation to safety,
not interfere too much with private enterprise. City Attorney
Shatford also stated that he questioned the legality of trying
to control advertising. A roll call vote was taken on the
stated motion as follows:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
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Council Minutes, August 12,1 1963 Page 2
NEW BUSINESS:
Before taking the next item on the Agenda, City Attorney Shat -
ford read a new ordinance No. 63 -108 AN ORDINANCE OF THE CITY
OF TEMPLE CITY AMENDING THE BUSINESS LICENSE ORDINANCE OF THE
CITY OF TEMPLE CITY TO PROHIBIT IMMORALITY IN LICENSED ENTER-
TAINMENT: PROVIDING REVOCATION PROVISIONS IN RESPECT TO IMMORAL
ENTERTAINMENT AND ADOPTING AMENDMENTS TO SAID ORDINANCE CON-
SISTENT WITH CHANGES MADE BY THE COUNTY OF LOS ANGELES TO OR-
DINANCE 5860, ADOPTED BY THE CITY OF TEMPLE CITY AS ITS
BUSINESS LICENSE ORDINANCE.
This ordinance simply clarifies our present ordinance and makes
it uniform with County ordinances. The Ordinance could be
adopted tonight as an Urgency Ordinance, falling under the
category of public health and welfare.
Councilman Fitzjohn moved to adopt Ordinance 63 -108 as an
Urgency Ordinance, seconded by Councilman Dickason and carried
by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamake
NOES: Councilmen -None
ABSENT: Councilmen -None
8. RESOLUTION NO. 63 -297: REQUESTING CHP TO PROVIDE CROSSING
GUARDS FOR 1963-64, SELECTED LOCATIONS. This Resolution calls
for crossing guards at the following four locations:
Live Oak & Warren Way, Callita & Rosemead, Olive and Cloverly,
and Lower Azusa and Arden Way.
Councilman Tyrell moved to adopt Resolution No. 63 -297, seconded
by Councilman Merritt and carried by the following roll call
vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyreil,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
9. REPORT ON PETITION FOR IMPROVEMENT OF BROADWAY FROM ROSEMEAD
BLVD. WESTERLY TO INCLUDE THE BRIDGE OVER THE EATON WASH.
City Manager Woollett advised Council that both the roadway
and the bridge widening are on the Master Plan of Improvements
and as soon as the funds become available under Senate Bill 344
this item will be brought before the Council for final action.
Councilman Tyrell moved to accept the report and instruct the
staff to communicate with petitioners and inform them of the
status of pending project, seconded by Councilman Fitzjohn and
carried. Mr. Woollett also stated that he has discussed this
with the County and they will be glad to improve the approach
to the bridge when we improve the bridge.
10. AGREEMENT FOR ENGINEERING SERVICES RE ADDITIONAL PROPOSED
PARKING DISTRICTS:
Mr. Bert Anspach, 9565 Las Tunas Drive, President of Chamber of
Commerce, stated that he has an Article of Intention addressed
to the Mayor and City Council to form a Parking District on
the north side of Las Tunas bounded by Primrose Ave. and Wood-
ruff Ave. He presented a map showing the precise boundaries
and the number of parking stalls proposed. Thirteen businesses
are within this area, and ten have already signed the petition.
Mr. Woollett stated that an agreement between this City and
Krelle & Lewis for engineering services for Parking District
No. 2 on the north side of Las Tunas would be the same as for
Parking District No. 1, which will be within the budget already
allowed. The City would finance the engineering and initial
costs, which is estimated at $1,000. and then the businesses
will carry the entire cost of the District.
Councilman Dickason moved to provide funds up to $1,000. for
engineering costs for Parking District No. 2, seconded by
Councilman Fitzjohn and carried by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamal�er
NOES: Councilmen -None
ABSENT: Councilmen -None
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Council Minutes, August 12, 1963 Page 3
PUBLIC HEARING: 8:00 P.M. (Protest): Annexation 6 -4 West Temple City,
Inhabited.
City Manager Woollett stated that a protest petition has been
received and after all signatures had been checked with the
assessment roll and found to be true and accurate, there was
a total of 68.94% of the registered voters in the area who had
signed the petition. Councilman Tyrell moved to terminate the
annexation proceedings, seconded by Councilman Dickason.
Councilman Tyrell remarked that he thought it regretable that
so many people who protested seemed to be misinformed, stating
that they felt taxes would be increased, new merchants were
discouraged from coming into Temple City, etc. Should get facts.
A roll call vote was taken as follows:
AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
ACCEPTANCE OF SANITARY SEWERS AND RELEASE OF FAITHFUL PERFORM-
ANCE BOND: TRACT N0. 27787, Contract No. 6499.
City Manager Woollett stated that notification has been received
from the City Engineer that all work has been completed to
satisfaction. Councilman Tyrell moved to accept for public use
the sanitary sewer in Tract No. 27787 and cancel the faithful
performance bond for the sewer construction No. 07045954 in the
amount of $8,000. Seconded by Councilman Fitzjohn and carried
by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
12. PLANNING COMMISSION RECOMMENDATIONS:
City Manager Woollett informed the Council that the Planning
Advisor's wife gave birth to a son this morning and as she is
not doing too well, he will be unable to attend the meeting to-
night. Mr. Woollett made the presentations in Mr. Cushman's
absence.
(a) RESOLUTION NO. 63 -38PC Recommending Denial of Request for
Zone Change East Side of Rosemead Blvd. between Hermosa Dr.
and Garibaldi Ave. - B. L. Meek, et al. Mr. Woollett
stated that a protest of the Planning Commission decision
has been received from B. L. Meek and that at this time
either a determination can be made or a public hearing
set. Councilman Tyrell moved to set a public hearing for
7:45 P.M., August 26, 1963, seconded by Councilman Fitzjohn
and carried by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,
Nun amaker
NOES: Councilmen -None
ABSENT:Councilmen -None
(b) RECOMMEND APPROVAL OF TENTATIVE TRACT NO. 28607, West side
of Pal Mal, between Daines Dr. and Live Oak Ave. with
conditions.
Mr. Woollett introduced Mr. Mike Leach of Strecker Assoc.
who designed the tract. Mr. Leach explained that the
tract would consist of 31 lots, conform with setbacks of
existing houses (which will be remodeled to tie in with
architecture of new homes), drainage would be to the east
and sewers would go to Pal Mal. Lot sizes run from 5,500
sq. ft. to approx. 6,500 sq. ft. Mr. Leach then intro-
duced Noel Baldwin who will be building the homes, and he
$gave a little detail of the homes which will be in the
30,000. class, consisting of 3 and 4 bedrooms and 2 to 3
baths, ranging in size from 1500 to 2,000 sq. ft.
Councilman Fitzjohn moved to recommend approval of Tract
No. 28607, with conditions as set forth by the Planning
Commission, seconded by Councilman Merritt and carried by
the following roll call vote:
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Council Minutes, August 12, 1963 Page 4
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker
NOES: Councilmen -None
ABSTAIN:Councilmen - Tyrell (Represents builder)
ABSENT: Councilmen -None
13. SET PUBLIC HEARINGS FOR CURB AND GUTTER IMPROVEMENTS:
City Manager Woollett stated that the following petitions for
curb and gutter, some with sidewalks as well, have been re-
ceived with at least 60% of the lineal footage represented:
(a) Agnes, west side, Miloann to La Rosa
(b) Golden West, west side, Longden to Craiglee, also sidewalks
(c) Golden West, west side, Garibaldi to Longden, " "
(d) Golden West, east side, Wendon to Flaherty, " "
(e) Golden West, east side, Longden to Wendon, " ''
(f) Olive St., north side, Pal Mal to El Monte Ave.
(g) Olive St., north side, Temple City Blvd. to Cambury
(h) Welland Ave., west side, Daines to Freer
Public Hearing set for 7:30 P.M., August 26, 1963, unanimously
app roved.
14. RESOLUTION NO. 63 -300: Warrants & Demands
City Manager Woollett brought to the attention of the Council
the last check listed, Warrant No. 2931 in the amount of
$40,781.93, which was the work estimate for the month of July,
issued to Shepard & Morgan. A sum of $2,000. will go back into
the treasury.
Mayor Nunamaker moved to adopt Resolution No. 63 -300, warrants
& Demands No. 2849 through 2931 in the sum of $61,749.54.
Councilman Merritt seconded and carried by the following roll
call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
15. COMMUNICATIONS:
(1) Boundary Commission Proposed Annexation No. 334, City of
El Monte: City Manager read letter of Proposed Annexation.
Councilman Tyrell moved to receive and file, seconded by
Councilman Dickason and carried.
(2) COR- DETTES:
City Manager read letter requesting permission to conduct
a bake sale in front of Lieberg's Dept. Store on Saturday,
Aug. 17, 1963 from 10:30 A.M. until sold out, money to be
used to purchase new uniforms.
Councilman Fitzjohn moved to grant permission to Cor- Dettes
to conduct bake sale, seconded by Councilman Dickason and
carried.
(3) NATIONAL CYSTIC FIBROSIS RESEARCH FOUNDATION: City Manager
read letter requesting permission to solicit funds from
Aug. 16 to Sept. 15, 1963. Councilman Merritt moved to
grant permission, seconded by Councilman Tyrell and carried.
PUBLIC HEARING: 8:30 P.M. - APPEAL FROM PLANNING COMMISSION DECISION
on Zone Variance Case No. 63 -31, Frank Harbert, 9518 E. Las
Tunas Dr.
Mr. Harbert, who resides at 306 E. Huntington Dr., Alhambra,
addressed the Council and presented a drawing showing the layout
of his property at 9518 E. Las Tunas Drive. He wishes to add
an additional 20 feet to the existing building, which is now
70 feet. Planning Commission denied request, stating that the
building already occupied more than the required area of the
lot. Mr. Harbert stated that the space behind the building,
because of the width, will only accommodate one car at present
and can still house one car with the additional 20 feet.
Councilman Fitzjohn moved to open the public hearing, seconded
by Councilman Merritt. No one came forward to speak either for
or against the appear. City Manager Woollett read communica:
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Council Minutes, August 12, 1963 Page 5
tions from Mr. Oakley, owner of the building on the s.w. cornet'
of Las Tunas and Primrose, and Mr. Daniel Pinzow, owner of the
building on the s.e. corner, both stating they felt the variance
should be granted. A roll call vote was taken as follows:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None.
ABSENT: Councilmen -None
Public Hearing closed. Councilman Tyrell moved to grant the
appeal for zone variance, seconded by Councilman Fitzjohn and
carried by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen:None
The City Attorney was instructed to draw a resolution so grantinc
16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
(1) Mr. James Merritt, 6233 Golden West addressed the Council
stating that he had submitted two additional petitions for curb,
gutter and sidewalk which he expected to be set for public hear-
ing this evening. City Manager informed him that this matter
would come up under "Matters from City Officials ". Mayor Nuna-
maker wished to compliment Mr. Merritt for his diligent efforts
in circulating all the petitions for curb, gutter and sidewalk
in the area of Golden West and Longden Ave.
17. (1) City Manager Woollett introduced for consideration two
petitions for curb, gutter and sidewalk:
Golden West, west side, in the 63-6400 blk
Longden Ave., south side, in the 9800 blk
Councilman Tyrell moved to set public hearing at 7:30 P.M. on
August 26, 1963, seconded by Councilman Fitzjohn and carried.
(2) City Manager read communication from American Cancer
Society and Dropouts Anonymous requesting permission to solicit
funds for a fashion show and Hootenanny between August 12, 1963
and September 5, 1963. Councilman Tyrell moved to grant per-
mission, seconded by Councilman Fitzjohn and carried.
(3) City Manager read letter from American Red Cross requesting
permission to string a banner over Las Tunas advising of the
Bloodmobile Unit at the Woman's Club on September 16th, January
20th and April 20th. Councilman Fitzjohn moved to grant per-
mission, subject to required liability insurance, seconded by
Councilman Tyrell and carried.
(4) Mr. Woollett apprised the Council of the dinner meeting
to be held Wednesday Evening with the members of the Planning
Commission and staff to receive and discuss the Comprehensive
General Plan with the Whitnalls. This meeting is open to the
public and all will be notified as to time and place. All
Councilmen stated they would attend.
(5) City Manager read communication from Herald Examiner re-
questing permission to recruit paper boys to secure subscrip-
tions and sell the Sunday Examiner. City Attorney Shatford
stated that this is not covered by any ordinance at present
IIand there is nothing to prohibit such action.
PUBLIC HEARING: 8:45 P.M. - JOLLY COACHMAN, CONTINUED: Request for
renewal of Entertainment License, No. 8136.
Mayor Nunamaker read a letter from Mr. Broadhead's attorney,
Fred Howser, requesting a continuance of the public hearing as
he will be out of town, and requested that the public hearing
be held the week of August 26, 1963. City Attorney Shatford
stated that he has tried to ascertain whether or not Judge
Gitelson has handed down his decision and as far as he can de-
termine, this decision has not been made.
Councilman Merritt moved to continue the Public Hearing to
August 26, 1963, seconded by Councilman Tyrell. Councilman
Dickason stated that he understood the matter before the Council
at this time has nothing to do with the decision on the old
license pending. This Public Hearing is for consideration of
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Council Minutes, August 12, 1963 Page 6
application for new license only. City Attorney Shatford
stated that this is true, but that Mr. Howser is merely re-
questing the hearing be contin'ied so that he may have the
right to represent his client, and from an attorney's stand-
point this would be common courtesy, and thinks he is entitled
to have it put over. Councilman Dickason stated he felt this
matter should be brought to a conclusion, and Councilman Fitz -
john concurred. After brief discussion, a roll call vote was
taken to determine whether or not to continue the Public Hearing
until August 26, 1963.
AYES: Councilmen- Merritt, Tyrell
NOES: Councilmen - Dickason, Fitzjohn, Nunamaker
ABSENT: Councilmen -None
Mayor Nunamaker declared the Public Hearing open and asked if
there was anyone in the audience who wished to add to the evi-
dence. No one came forward and Councilman Dickason moved to
close the Public Hearing, seconded by Councilman Fitzjohn and
carried by the following roll call vote:
AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker
NOES: Councilmen - Tyrell
ABSENT: Councilmen -None
After brief discussion, Councilman Fitzjohn moved to deny
issuance of an entertainment license to Hal Broadhead for the
Jolly Coachman, seconded by Councilman Dickason and carried by
the following roll call'vote:
AYES: Councilmen - Dickason, Fitzjohn, Nunamaker
NOES: Councilmen -None
ABSTAIN:Councilmen - Merritt, Tyrell
ABSENT: Councilmen -None
Councilman Dickason moved to instruct the City Attorney to
draw a Resolution for denial of entertainment license for dis-
cussion at the next meeting, seconded by Councilman Fitzjohn
and carried by the following roll call vote:
AYES: Councilmen- Dickason, Fitzjohn, Nunamaker
NOES: Councilmen -None
ABSTAIN:Councilmen - Merritt, Tyrell
ABSENT: Councilmen -None
MATTERS FROM CITY OFFICIALS:
17. Councilman Tyrell questioned the new form of the Agenda which
does not number the Public Hearings. It was felt that under-
scoring the Public Hearing heading would clarify the Agenda.
Councilman Merritt stated he felt it might have been enlighten-
ing to have let Mrs. Bryant answer Councilmen Nunamaker and
Tyrelis statements regarding the false information with re-
spect to Annexation, seconded by Councilman Fitzjohn.
18. ADJOURNMENT: Councilman Tyrell moved to adjourn, Councilman
Merritt seconded, and carried. Council adjourned at 9:10 P.M.
until the next regular meeting on August 26, 1963, at 7:30 P.M.
at the City Hall, 9664 E. Las Tunas Dr., Temple City.
ATTEST:
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