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Home My Public Portal AboutCity Council_Minutes_1964-06-29_Special 1964SPECIAL MEETING CITY COUNCIL TEMPLE CITY, CALIFORNIA JUNE 29, 1964 INITIATION: 1. The Special Meeting of the City Council was called to order by IIMayor Merritt at 7:55 P.M., following which the Mayor led the 2. Pledge of Allegiance to the Flag. 3. ROLL CALL: PRESENT: Councilmen: Dickason, Harker, Nunamaker, Tyrell Merritt ABSENT: Councilmen: None ALSO PRESENT: City Attorney Shatford, City Manager A!oollett 4. Councilman Harker expressed concern over public reaction to the Council's decision not to proclaim a United Nations Day, and particularly to the rapidity with which this decision was handled. It is his opinion that the Council should be speak- ing For and representing the people of our community, and therefore, moved that the Council again re- consider this matter of proclamation of United Nations Day and that the matter be put on the Agenda for the July 13th meeting, which will provide time for serious thought and will give an opportunity for more people of the community to either call or write their opinion, although no unanimous calls or letters will be considered. Motion seconded by Councilman Nunamaker and carried by the following roll call vote: AYES: Councilmen: Dickason, Harker, Nunamaker, Tyrell, Merritt NOES: Councilmen: None ABSENT: Councilmen: None Councilman Tyrell stated he felt it might be a good idea for the newspaper to run a Poll, with the City Manager suoolying a list of registered voters. If the poll indicates that a majority are in favor of U. N. Day, then the Council should pass it, and if the majority are against it, then there should be no United Nations Day. 5. BOY SCOUT TROOP NO. 174 presented each Councilman with a replica of the patch and a certificate of appreciation for Furnishing their troop with a specially designed Patch with the name of the City and the camellia emblem to wear on their uniforms when they attend the Boy Scout Jamboree in Valley For:;e in July. 6. PUBLIC HEARING: 7:30 P.M. FOR HEARING PROTESTS AND OBJECTIONS TO THINGS PROPOSED TO BE DONE AND /OR THE EXTENT OF PROPOSED PARKING DISTRICT NO. 1 UNDER THE PROVISIONS OF VEHICLE PARKING DISTRICT LAW OF 1943. (1) Mayor Merritt announced this is the time and glace fixed for the hearing on the report filed in connection with proposed Vehicle Parking District No. 1, and on the forma- tion of said district as proposed by Ordinance of Intention No. 64 -134. (2) City Manager Woollett presented four affidavits showing Publication, posting and mailing of the ordinance of In- tention and mailing of the notice of hearing on report. Councilman Tyrell moved to file, seconded by Councilman Harker and carried by the following roll call vote: AYES: Councilmen: Dickason, Harker, Nunamaker, Tyrell, Merritt NOES: Councilmen: None ABSENT: Councilmen: None 630 Council Minutes, Special Meeting, June 29, 1964 Page 2 (3) Mr. Richard Volpert, attorney with the firm of O'Melveny & Myers, the firm retained by the City For this purpose, explained that the petition for Parking District No. 1 was filed with the City on April 8, 1964, with signatures of more than 60% of the land owners based upon assessed value; and more than 50% by area requesting formation of the dis- trict. Based on this petition, the engineer prepared the debt limit report and estimated costs. This report was filed with the City and set for hearing tonight, and Council having subsequently adopted the Ordinance of In- tention to form the district that also was set For hearing. The questions are: Shall the District be formed as pro- posed and shall lands be acquired for parking? If Council decides to acquire these lands, the Assessment Engineer will prepare an assessment roll spreading the cost of ac- quisition and cost of improvements. Then there will be another hearing before the Council to determine whether the assessment was spread Fairly among the owners in the district. (4) The City Manager then administered the oath to the Engineer; Mr. William Krelle, who read a summary of his report, stating that the total estimated amount of the assessment for the district is $131,000. (5) The bonds to be issued would be paid in 20 installments over a 19 year period. (6) Mr. Volpert then asked the City Manager to read in full all written protests after which he advised the Mayor to open the public hearing to oral protests.. (7) City Manager Woollett read in full a protest petition signe by the following people: John L. Shaw, John K. Asder, Mrs. Wilma C. Gearheart, Charlotte Rhoades, Lewis A. & Ina Morrow, Lloyd A. '!alters, Mrs. J. Topich, Rasmussen Estate by Christine Rasmussen, Exec., Henry Walters, Paul W. Tully, Mary G. Montgomery, Zelma M. Cook, Guisenpe Romano, Gregory Modesti, Caroline Modesti, Violet E. Smith, Lenore B. Cross, Edgar S. Roth, R. Sheffler, William J. Sheffler, Vaughn Fisher, Walter E. White, Leonard F. Alt - mayer. Additionally, letters of protest were read dated June 18, 1964, signed by Violet E. Smith; December 28, 1964, signed by Dorothy Friedman and Zadell G. Corn.feld; June 26, 1964, signed by Christine Rasmussen, executrix for the Estate of John Rasmussen; June 23, 1964, signed by Nickolas Salerno, Vincent S. Salerno, Nancy M. Muir, and Lucille N. Evans, all of whom are devisees and legatees under the Will of Nick Salerno, Sr. The Following people signed an Affidavit Withdrawing Name from Petition: Leonard G. Altmayer, Maria Topich, Zelma M. Cook, Henry Walters, Mrs. Hermine Coughran, and Caroline Modesti. City Manager also read the following documents: Request for withdrawal of name from document entitled " Affadavit Withdrawing Name" - dated June 29, 1364 and signed by Zelma M. Cook. Withdrawal of protest to formation of Vehicle Parking District No. 1, dated June 29, 1964, signed by Burt & Hermine 6. Coughran. Letter in favor of Parking District No. 1 and request to nullify any prior petitions or letters, dated June 2a, signed by Gregory Modesti and Caroline Modesti. Request to withdraw protest to formation of Parking Dis- trict No. 1, dated June 29, 1964, signed by Zelma M. Cook. Letter in favor of Parking District No. 1 and request to nullify any prior petitions or letters, dated June 29, signed by Mara Topich. 631 Council Minutes, Special Meeting, June 29, 1964 Page 3 Letter in favor of Parking District No. 1, dated June 23, 11)64, signed by Jennie M. Beckwith, who stated that she felt those property owners on Temple City Blvd. should not be assessed as much as those on Las Tunas Dr. (8) Mayor Merritt asked if anyone filing a written Protest wished to be heard orally in support of such !protest. The following people spoke in protest to the Formation of Parking District No. 1: Nick Salerno, 9516 Las Tunas; John L. Shaw, 5216 Temple City Blvd.; George Reel, 5821 Temple City Blvd.; Paul W. Tully, 5828 Temple City Blvd.; John Asder, 581; Temple City Blvd.; Lloyd Walters, 5818 Temple City Blvd.; Jemru Walters, 9560 Las Tunas; Violet Smith, 58'4-8 Cloverly. (9) The Mayor then asked if there was anyone else who wished to make an oral protest, and Lucille Evans, 9314 Las Tunas, voiced her protest. All of the written and verbal protests were based primarily upon what appeared to the property owners to be inequitable assessment rates. Most agreed that parking was needed For many businesses fronting on Las Tunas Dr., however many on Temple City Blvd. already have sufficient Barking for their own needs, and it was this reasoning, that led them to believe the assessments unfair. (10) The Mayor then asked if any person wished to speak in Favor of the formation of Parking District Mo. 1: Mrs. Jennie Beckwith, 5827 Temple City Blvd.; Dr. Homer Hendrickson, 5825 Temple City Blvd.; Martin Heide], who is purchasing the vacant lot next to 9676 Las Tunas; Roscoe C. Sawyer, 9616 and 9618 Las Tunas; !elms Cook, 9510 Las Tunas, all spoke in Favor,of the District. Mr. Albert Anspach, Chairman of the Business & Industrial Committee explained the merchants concern For improvement oF the business district and was supported by Sam Braeger, long -time merchant who leases his store and advised that many other merchants who also lease may leave the City if parking problems are not resolved. (1 1) Engineer Krel le advised that the test of "beneF i t" is economic benefit ,to the land irrespective of ics Present use and not considering Present improvements; and that in his opinion all ,.,of. ,:the lands in the proposed district sub- ject to assessmen- t,wi l l be benefited by the oronosed Pro- ject. Attorney;,, Vo i ert summarized that the eFFect of the petition is to bring the matter to a hearing so that the Council can deters :i:ne which way to proceed, and that the petition doesn't ',automatically form the district. He stated that the total estimated assessment does exceed the debt limit by approximately $5,000. However, this is only an estimated figure at this time. Before the City Council can confirm the actual assessment, it will be necessary that the total amount assessed be brought within this 35% limit. This can be brought about by a reduc+.ion in the cost of acquisition and improvement, or by an increase in the assessed valuation of the property to be assessed, or by a contribution by the City from its general Funds. The property that is being acquired is private Property and the Council has already passed a Resolution making an advance to purchase this property when available. IF the district is formed, the Council will be repaid. If it doesn't go through, the City can acquire the property cr sell the property. (12) The Mayor then asked iF anyone desired to ask the Engineer any questions. When asked by Councilman Dickason if the Council would receive anything in writing before the next 632 Council Minutes, Special Meeting, June 29, 1964 Page 4 meeting regarding the spread of the assessment, Mr. Krelle replied affirmatively. (13) Engineer Krelle stated a check of the protests represents 40.32% with an additional 6.8% of new owners who are not shown on the last assessment roll, bringing the total to 47.43% of the area of the district. Five withdrawals of protest represent approximately 10 %, bringing the protests to 36.42% of the area, while two oral protests, represent- ing 3.25 %, brings the total protest to 39.70% of the area of the district. (14) Councilman Nunamaker moved to determine that written pro- test or objection to the doing of the things 'roposed to be done as set forth in Ordinance of Intention No. 64 -134 has not been made by the owners of more than one -half of the area of the land included within the proposed Vehicle Parking District No. 1 of this City and subject to assess- ment, and that there is no majority protest within the meaning of Sections 2930 and 2931 of the Streets and High- ways Code. Motion seconded by Councilman Dickason and carried by the following roll call vote: AYES: Councilmen: Dickason, Harker, Nunamaker, Tyrell, Merritt NOES: Councilmen: None ABSENT: Councilmen: None (15) Each of the Councilmen expressed their concern regarding equitable assessment of costs, particularly to those Prop- erty owners on Temple City Blvd. Attorney Volpert advised that the first thing to do is to form the district and ac- quire the Property. The assessment can be changed at the subsequent hearing. Up until the moment of levying of assessment the Council can abandon the proceedings. (16) Councilman Nunamaker moved that all protests and objections, both written and oral, made or filed in the matter of Vehic- le Parking District No. 1 be and the same are hereby over- ruled and denied. Seconded by Councilman Dickason and carried by the following roll call vote: AYES: Counci imen: Dickason, Harker, Nunamaker, Tyrel l , Merritt NOES: Councilmen: None ABSENT: Councilmen: None (17) City Manager Woollett read title to Resolution No. 64 -386, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALIFORNIA DETERMINING THAT THE PUBLIC INTEREST, CONVENI- ENCE AND NECESSITY REQUIRE THE FORMATION OF A VEHICLE PARK -: ING DISTRICT AND REQUIRE THE ACQUISITION AND IMPROVEMENT SUBSTANTIALLY AS SET FORTH IN THE REPORT ON FILE AND DE- TERMINING THE PROJECT FEASIBLE. (VEHICLE Pf- .RKING DISTRICT NO. 1) Councilman Nunamaker moved to waive Further reading and adopt, seconded by Councilman Harker and carried by the Following roll call vote: AYES: Councilmen: Dickason, Harker, Nunamaker, Tyrell, Merritt NOES: Councilmen: None ABSENT: Councilmen: None (18) City Manager Woollett read title to ORDINANCE NO. 64 -136, AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, FIND - ING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING THE ACQUISITION AND IMPROVEMENT FOR VEHICLE PARKING DISTRICT NO. 1 OF SAID CITY AND ESTABLISH - ING THE BOUNDARIES OF SAID DISTRICT. 633 Council Minutes, Special Meeting, June 29, 1964 Page 5 Councilman Nunamaker moved to waive further reading of ordinance No. 64 -136, seconded by Councilman Harker and carried by the following roll call vote: AYES: Councilmen: Dickason, Harker, Nunamaker, Tyrell, Merritt NOES: Councilmen: None ABSENT: Councilmen: None 7. ADJOURNMENT: Councilman Dickason moved to adjourn at 11 :30 P. M. seconded by Councilman Nunamaker and carried. Meeting adjourned to the next regular meeting at the City Hall, 5938 N. Kauffman Ave., Temple City, California at 7 :30 P. M. / Mayor \ ATTEST: City C el r 1 1 634