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Home My Public Portal AboutCity Council_Minutes_1964-02-24_Regular 1964C I T Y C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA FEBRUARY 24, 1964 INITIATION: 1. The regular meeting of the City Council of the City of Temple City was called to order by Mayor Nunamaker at 7:30 P. M. and 2. the Mayor then gave the invocation. 3. Mayor Nunamaker then led the Pledge of Allegiance to the Flag 4. ROLL CALL: Present: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker Absent: Councilmen -None Also Present: City Attorney Shatford, City Manager Woollen 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of the City Council of February 10, 1964, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None PUBLIC HEARING: 7:30 P. M. Appeal Planning Commission decision re- Zone Variance Case #63 -75 Robert C. & Rojeane L. Bitten. Planning Advisor Cushman presented the application to create a second parcel which would lack frontage on a public street at 6274 Loma Ave. but having more than required square footage per lot. Councilman Fitzjohn moved to open the Public Hearing, Councilman Merritt seconded, and carried. Chas. Wiggins, Attorney representing Mr. Bitten, stated they fil- ed the appeal, that there was no opposition presented before the public hearing before the Commission, that the adjoining and sur- rounding area is developed in a similar manner as requested by Mr. Bitten. Mrs. Beth Hughes who lives across the street from this property recommended the Council read the book "Slum Makers ". Mayor Nunamaker asked if anyone else wished to speak in favor and no one came forward. He then asked if anyone wished to speak against this request, and no one came forward. Councilman Mer- ritt moved to close the Public Hearing, Councilman Fitzjohn se- conded, and carried. Following some discussion by the Council they decided to have Mr. Bitten speak in his own behalf. Counci man Tyrell moved to re -open the Public Hearing, Councilman Mer- ritt seconded and carried. Mr. Robt. Bitten, 6234 Loma Ave., spoke in his own behalf and advised he planned to build a 1500 sq. ft. house with two car garage, also that he intended to improve the present house on the front of the property and landscape both. The City Attorney advised the Council they could impose condi- tions and grant the variance to which Mr. Wiggin and Mr. Bitten agreed. Councilman Merritt moved to close the Public Nearing, Councilman Fitzjohn seconded, and carried. Councilman Dickason moved to instruct the City Attorney to pre- pare a Resolution in respect to granting subject to conditions for Council consideration at the next meeting, the City Attorney to act with Mr. Bitten and his attorney, Councilman Fitzjohn seconded, called vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 580 Council Minutes, February 24, 1964, page 2 PUBLIC HEARING: 7:30 P. M. CURB & GUTTER a. Loma Ave. east side, Olive to cul -de -sac b. Loma Ave. west side, Olive to cul -de -sac c. Garibaldi, north side, Golden West to east city boundary d. Daines Dr., south side, Halifax to Pal Mal The City Manager advised that all these areas petitioned by more than 60% of the owners. Councilman Fitzjohn moved to open the Public Hearing, Councilman Merritt seconded, and carried. Mayor Nunamaker asked if anyone wished to speak in favor of this improvement. No one came forward. The Mayor then asked if any- one wished to speak against the installation. John Fennie, 5503 Pal Mal, on the corner on the north side of Daines, stated he was in favor of the curbs and gutter and that he owned 30 ft. of the street and also wanted this improved. He was advised by the City Manager that when he dedicated this part of the street to the City the City could then use tax money to improve and maintain the street and not before as tax monies cannot legally be spent on private property. Harvey Rowe, So. Calif. Water Co., stated they approved the in- stallation on their properties and wanted to be billed direct as they did not want .this on their tax bill. He was advised of the procedure and informed he would have an opportunity to pay before being assessed. Chas. Emberry, 10558 Daines Dr., approved the installation and only asked for clarification for procedure. He also requested consideration be given to making Daines Dr. a major city street. Mr. Landner, 9835 E. Garibaldi, asked regarding the property owners getting the contractor, and if the design was now com- pleted for his area. The City Manager recommended .. contacting the contractor now working in the area, and also will check on the design. Councilman Tyrell moved to close the Public Hearing, Councilman Dickason seconded, and carried. Councilman Dickason moved to find the work to be in the public interest and to instruct the Supt. of Streets to cause the work to be done, Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 6. APPEAL FROM PLANNING COMMISSION DECISION ZONE VARIANCE CASE NO. 63 -71, Northwest corner Broadway & Temple City Blvd., Fred Garside. City Attorney Shatford advised there was a question rbtsedc as t whether adequate and proper notice was given to the Hearing be- fore the Planning Commission. He advised the applicant he woul, have to have a minimum of six signatures on affidavits which the City Attorney prepared, stating that they had not received the notice. He advised three different parcels representing ownership of six people had filed affidavits aforementioned and sworn under oath that they did not receive notice of the public hearing held before the Planning Commission. The City Attorney recommended under these conditions that this be sent back to the Planning Commission and they re- notice the hearing to be held before them. Councilman Tyrell made a motion in accordance with the recommendation of the City Attorney, Councilman Fitzjohn seconded, carried by the following called vote: .. AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 581 Council Minutes, February 24, 1964, page 3 7. RESOLUTION NO. 64 -350: Vacating portion of Arden Drive north of Freer St. City Attorney Shatford read title to Resolution No. 64 -350 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DETER- MINING A PORTION OF ARDEN DRIVE NORTH OF FREER UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES. Councilman Dickason moved to adopt Resolution No. 64 -350, Councilman Merritt second- ed, carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None REPORT ON VEHICLE PARKING DISTRICT #2 UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 City Manager Woollett advised he had discussed this matter with Mr. Krelie, Engineer for this project, and he requested this matter be held over until the next meeting. Councilman Tyrell so moved, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 9. ORDINANCE NO. 64 -123: (Unsightliness) 1st reading City M -nager Woollett requested this be held over until the next meeting for further research by the staff. Councilman Fitzjohn moved to set this over to the next meeting, Councilman Merritt seconded, and carried. NEW BUSINESS: 10. ORDINANCE NO. 64 -124: Amending Ordinance No. 63 -112 adding there to the Zoning Map as provided for by Section 303, 304, and 2403 of said Ordinance. 1st readinc. City Attorney Shatford read title to Ordinance No. 64 -124 AN ORDINANCE AMENDING ORDINANCE NO. 63 -112 BY ADDING THERETO THE ZONING MAP AS PROVIDED FOR BY SECTIONS 303, 304 AND 2403 OF SAID ORDINANCE NO. 63 -112. Councilman Tyrell moved to waive further reading of Ordinance No. 64 -124, Councilman Merritt seconded, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None As this was the first reading no further action was taken. 11. PLANNING COMMISSION RECOMMENDATIONS: 8. Recommend approval Tentative Tract #29492 with conditions. Planning Advisor Cushman presented the proposed Tract together with conditions recommended imposed by the Planning Commission. Following discussion by the Council, Mayor Nunamaker moved to approve this Tentative. Tract #29492 with conditions as recommend ed by the Planning Commission, Councilman Fitzjohn seconded, carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Nunamaker NOES: Councilmen- Merritt, Tyrell ABSENT: Councilmen -None 11. Adopt policy that if modifications are required on wider front and rear yard set -backs that you will modify the front yard rather than the rear yard. Following discussion by the City Council, Councilman Fitzjohn moved to adopt the recommends- tion, Councilman Dickason seconded, carried by following roll call vote: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 12. ORDINANCE NO. 64 -125: extending effectiveness of Ordinance No. 63 -110 to permit further consideration of zoning. Urgency. City Attorney Shatford read in full Ordinance No. 64 -125 titled AN ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING THE EFFECTIVE- NESS OF ORDINANCE NO. 63 -117 TO PERMIT FURTHER CONSIDERATION OF 582 Council Minutes, February 24, 1964, page 4 ZONING TO BE APPLIED TO THE AREA LYING BETWEEN CLOVERLY AVENUE ON THE WEST, TEMPLE CITY BLVD. ON THE EAST, LAS TUNAS BLVD. ON THE SOUTH, AND WOODRUFF AVENUE ON THE NORTH. Councilman Dicka- son moved to adopt Ordinance No. 63 -125 as an urgency ordinance, Councilman Merritt seconded, carried by the following called vote: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker NOES: Councilman - Tyrell ABSENT: Councilmen -None 13. APPROPRIATION OF FUNDS FOR PARKING DISTRICT #3. This district will be east of Temple City Blvd. and north of Las Tunas Dr. It is necessary to appropriate funds for necessar;. engineer study and when finished for necessary legal documents to be drawn. Councilman Fitzjohn moved to approve the appro- priation of $1500. for the aforementioned purposes, Councilman Dickason seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 14. RESOLUTION NO. 64 -351: Warrants & Demands. Councilman Tyrell moved to adopt Resolution No. 64 -351, warrants and demands, No. 4633 and 4636 through #4661, in the sum of $17,506,35, Councilman Merritt seconded, carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 15. PARKS & RECREATION COMMISSION RECOMMENDATIONS: (a) Recommend schematic development plan for Temple City Park be accepted. Commissioner Clemson presented this recommendation to the Coun- cil and explained the drawings. Following discussion of the plan Councilman Tyrell moved to accept the schematic development plan as recommended, Councilman Dickason seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason,Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None (b) Recommend working drawings and specifications and cost es- timates be asked of architects for landscaping, sprinkler system, lighting and pavilion utilizing $10,000. Capital Outlay appropriated for park capitol improvement in the 1963-64 budget. Following discussion Councilman Tyrell so moved, Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 16. COMMUNICATIONS: City Manager Woollett presented final tract map for Tract #29148 stating the tentative map had been approved, and also the zone change had been made, and this is now ready for recorda- tion when the zone change becomes effective the 27th of this month. The City Engineer recommends approval of the map, acceptance of streets and easements as offered for dedication on said map, that the Mayor and City Clerk be authorized to join in execution of the owners' certificate on this map (the City has an easement over lots 8 and 9), approve and accept work agreements and bonds after approval by the City Attorney to install sanitary sewers as required and surety bond in amount of $4000., and agreement guaranteeing setting of survey monuments tie points and furnishing tie notes, and surety bond of $730. Also that subdivider has in good faith attempted to secure the signature of So. Calif. Edison Co.. and been able to do so and refusal to accept the map for recording creates an undue hard- ship on the subdivider. Also the County Road Dept. recommend streets offered for dedication be accepted, and also accept 583 1 1 Council Minutes, February 24, 1964, page 5 surety bond in amount of $8100. for street work. Councilman Tyrell so moved, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 1 7 . TIME FOR THOSE I N THE AUDIENCE 'MO WISH TO SPEAK: Chas. Oakley, 6164 N. Rosemead, asked regarding the ordinance for "unsightliness" and was advised it would come up at the next meeting. MATTERS FROM CITY OFFICIALS: Councilman Merritt stated properties that have been bought up for removal and after people:,i moved out become run down and unsightly and hazardous should be looked into. Councilman Tyrell was concerned as to why a curb and gutter no- tice was posted on one of the property owners door and the City Manager will check this out. The City Manager also advised there has been some problem with notices as people call and say notice is posted one day and be gone the next morning. Mayor Nunamaker asked the City Attorney how the "swamp" was coming along, and was advised so far nothing has occurred as far as sale is concerned. Rumor is the sal.: of properties has been dropped. City Attorney will check. Mayor Nunamaker announced a briefing of the American Savings plans would be held in their back room on March 10 at 3:30 P.M. 19. ADJOURNMENT: Councilman Fitzjohn moved to adjourn, Councilman Merritt second- ed and carried. Council adjourned at 9:45 P. M. until the next regular meeting on March 9, 1964, at the City Hall, 9664 E. Las Tunas Dr., Temple City, at 7:30 P. M. ATTEST: 584