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HomeMy Public PortalAboutCity Council_Minutes_1963-08-12_Regular 19631 1 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 502 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 503 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: 504 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: 505 1 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 506 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: 507