HomeMy Public PortalAboutCity Council_Minutes_1965-11-02_Regular 1965C O U N C I L M I NUT E S
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
NOVEMBER 2, 1965
INITIATION:
1. Mayor Harker called the regular meeting of the City Council to
2. order at 7:37 P. M. Invocation was given by Rev. Kenneth Dunkel-
berger of the First Baptist Church of Temple City, followed by
3. Mayor Harker leading the Pledge of Allegiance to the Flag.
4. ROLL CALL:
PRESENT: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
ABSENT: Councilmen -None
ALSO PRESENT: City Attorney Martin & City Manager Koski
5. APPROVAL OF MINUTES: Regular Meeting of October 19, 1965.
Councilman Merritt moved to approve the minutes of the regular
meeting of October 19, 1965, as mailed, Councilman Dickason se-
conded and the motion was unanimously carried.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 65 -176: 2nd read. Re height limit on sign struc-
tures.
City Attorney Martin read title to Ordinance No. 65 -176 AN ORDI-
NANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE
ZONING REGULATIONS OF SAID CITY BY IMPOSING A HEIGHT LIMITATION
UPON SIGN STRUCTURES IN COMMERCIAL ZONES. Councilman Tyrell
moved to waive further reading of Ordinance No. 65 -176, Council-
man Nunamaker seconded, and the motion carried unanimously.
Councilman Tyrell moved to adopt Ordinance No. 65 -176, Council-
man Nunamaker seconded, and the motion was unanimously carried,
PUBLIC HEARING: 7:30 P. M. Re- APPLICATION FOR ENTERTAINMENT & DANCE
LICENSES: PUSS 'N BOOTS, 5921 TEMPLE CITY BLVD.
Councilman Nunamaker moved to open the public hearing, Council-
man Merritt seconded, motion carried unanimously.
Mayor Harker advised the purpose of the public hearing was to
provide an opportunity for all citizens that might be affected
to speak under the public hearing procedure, and also for the
City Council to hear these individuals: The decision must rest
with the governing body, in this case the City Council. The
Mayor then advised the audience on the public hearing procedure.
City Attorney Martin stated an application had been made by
William S. DeSmith and Charles H. Johnston, doing business as
"Puss 'N Boots" at 5921 Temple City Blvd., for an entertainment
and a dance license. The City Attorney read in full their
letter of request which is for dance with a juke box or 3 piece
combo and entertainment, with a raised platform for the exhibi-
tion darcersto perform, and a 12 x 24 dance floor for public
dancing, serving on -sale beer and sandwiches from 10 P. M. to
2 A. M. The Sheriff's office indicates no arrest record and do
not recommend denial but recommend approval subject to the
following conditions "that any person assuming managerial control
in the absence of the Licensee must first be identified to the
Sheriff's License Detail and to be subject to the approval of
the City Council of Temple City." The Sheriff's Dept. report
shows no reason for denial. He also advised the applicants have
the right to request written protests be not read if the writer
is not present.
The City Attorney presented a letter from Helen Ball, 5945
Camellia Ave. Not being present the applicants did not object to
the letter being read, which protested the granting of the
licenses as a property owner in the first block north of Las
Tunas Dr, on Temple City Blvd., due to noise and disturbance
of residents in the immediate area.
A letter from R. Reigert, P. 0. Box 297, Victorville, was pre-
sented, and not being present the applicants gave permission for
the City Attorney to read the letter. Mr. Riegert stated he own:
six rentals, 6000 to 6008 Temple City Blvd., and this type of
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Council Minutes, November 2, 1965, page 2
operation would be very annoying to his tenants due to noise,
and he also objected to the dress of the waitresses in leotards,
The City Attorney presented a letter from Elinor Lennen who was
not present. Councilman Nunamaker moved these protests should
all be read, Councilman Dickason seconded, roll call vote to
carry the motion as follows:
AYES: Councilmen - Dickason, Nunamaker, Harker
NOES: Councilmen- Merritt, Tyrell
ABSENT: Councilmen -None
Elinor Lennen's letter was read in which she protested issuance
of the license which would cater to those who favor indecent ex-
posure, and that this is not in keeping with the character of
Temple City, and would bring an undesirable element into town.
Councilman Tyrell objected to the Council hearing this matter
stating nowhere in the application has there been any indication
of indecent exposure and that people are writing in that do not
know what they are talking about. This is a part of the record.
This Is already to embroiled in emotionalism.
Mayor Harker stated every Councilman present is capable of evalu-
ating any statements made.
Councilman Nunamaker commented the application said dress was
leotards and capris which can be topless.
City Attorney Martin advised the following are the grounds for
denial:
a. contrary to state law or city ordinance
b. would be a public nuisance
c. detrimental to public irc::?st
d. ccntrary to zoning or ofi'- street parking ordinance
e. applicant is unfit
f. false statements in application, knowingly made
g. entertainment visible from street
h. impersonations or lewd performance
i. indecent performances
j. inadequate lighting - 3 ft. candles
k. parking lot not lighted - 1 ft. candle
1. raised stage 18 inches - may be waived
The City Attorney presented a letter from Clifford M. & Ada R,
Campbell, who own property at 5934 N. Primrose, protesting due
to noise and disturbance to their tenants. A letter from Mrs.
Cora Sippel, 6003 N. Temple City Blvd., was also read protesting
for the same reasons. The applicants gave their permission for
these protests to be read in the absence of the writer.
A letter was presented from the Temple City Womens Club signed
by Mrs. J. A. Eversmeyer, Pres., who was present at the Hearing.
They protested issuance of the licenses as not compatible to
the City and to the dress of leotards as unsuitable garb for
waitresses or entertainers.
Councilman Tyrell objected to this letter being read as the
writer was present and isnnot testifying under oath.
This concluded the written protests and the Mayor asked for thus:
present in favor of granting the applications to speak.
At this time the City Attorney called on all of those wishing to
testify to stand and be sworn in and also advised them that they
would be subJect to prosecution for perjury. Following the swear
ing in proced :ire the Mayor arked anyone wishing to speak in favor
of the licenses to come forward.
Mr. Charles J. J1h-,ston, 809 N. Berry St., Montebello, stated he
was one of the applicants and a partner of Wm. De Smith, who
are applying for entertainment and dance 1icen es at the Puss
'N Boots, 5921 Temple City Blvd. He stated he was a native of
Los Angeles, that he and his partner had been associated in busi-
ness for 7; years, they are both World War 11 veterans,and they
have a. clean record with the Alccbulic Beverage Control and the
822
C.uncil Minutes, November 2, 1965, page 3
Board of Equalization. He advised they are honest businessmen
and would conduct a business of this type with integrity. Also
that the planned entertainment was to be on an 18" platform where
girls would dance the watusi and such as that which are currently
being done in theatres, T. V., and public dances, the costumes
would be leotards, the public dancing would be in a space 12 x
24 and the entertainers and waitresses would not be allowed to
dance with the public. First the music would be by juke box
and if business warranted they would have a 3 piece combo. He
stated the three stores in the building is 75 ft. long and the
parking lot behind them is in joint tenancy.
The City Manager advised he is currently non conforming, and th^
Planning Director advised the operation complies with present
zoning in all aspects both in use and parking and that it is a
legal non - conforming which precedes the ordinance requirement as'
of now.
Discussion followed concerning the lighting inside and on the
parking lot and to the seating capacity which was arrived at to
be about 70. Councilman Tyrell asked if it was the intention
that the girls entertaining there would be completely clothed at
all times and Mr. Johnston advised they would at all times.
Mr. William DeSmith, partner of Mr. Johnston, concurred with
his partner and stated they did not want to go into burlesque or
such, or to cause any trouble, and theywould cooperate in every
way required by the city.
The City Attorney asked Mr. De Smith the following questions:
1. are you prepared to put in 3 ft. candlelight? Answer, yes.
2. are you prepared to put in ►' candlelight in
parking lot? yes.
3. no impersonations? no.
4. no lewd performances? no.
5. invisible from street? yes.
The City Attorney advised the applicants had no record of any
kind, the operation is not contrary to the off - street parking
ordinance, nor to state law or city ordinances.
Wm. Roepke, the new owner of the Jolly Coachman, spoke in favor
of the applicants receiving the dancing and entertainment licens_
es.
Mayor Harker asked if anyone else wished to speak in favor of
the request. No one else came forward to speak.
Mayor Harker then asked if anyone wished to speak in opposition,
Merrill Fitzjohn, 10216 Randwick Dr., stated he understood the
entertainment hours were 10 P. M. to 2 A. M. and there were resi
dences within 100 ft. and also the people on the adjoining stree,
would be effected at the 2 A. M. hour. He felt there were enous
of this type of establishment in the City and it was in the pub',
interest to deny this license and he was opposed.
Robert Vanderhagen, 9465 Blackley, stated he did not think this
type of establishment would do anything for this town, and was
concerned about his children, and he was opposed to this type of
dancing and entertainment on T. V. or anywhere, and would not
like to have it near his apartments disturbing his tenants. Coun-
cilman Nunamaker asked him if he felt this was detrimental to
public interest and he replied he did. Councilman Tyrell asked
him if he thought adults should be allowed to do these dances
and if he felt they were immoral and Mr. Vanderhagen stated he
felt they were suggestive and should not be done in public, that
Temple City is a residential area and this type or business show,
not be anywhere in Temple City.
Mrs. Mary Lou Swain, 5758 Agnes Ave., felt this would be detri-
mental to the public interest and protested granting the license:
Mrs. Nellie Lang, 9733 E. Hermosa, Felt the City was for the
youth and this type of operation was not good for Temple City an
is detrimental to public interest.
823
Council Minutes, November 2, 1965, page 4
Bill Hudson, 6362 Sultana, felt the entertainment would be con-
ducive to drinking more and staying longer and he was opposed to
granting the licenses,
Fred Cantrell, 425 San Palo P1., Pasadena, stated he represented
Alpha Beta Markets and that they were opposed to the granting of
these licenses as detrimental to the shopping area of down town
Temple City, and from experience they found it detrimental to
shopping areas and to the public interest.
Kenneth Dunkelberger, Pastor of the First Baptist Church, Temple
City, stated in a discussion with the ministers in the community
it was agreed unanimously that this kind of thing was not needed
in Temple City. It is the center approximately of Temple City
and that it least expresses our community, that it is detrimental
to public interest and to the young people's needs. He also
stated he was speaking as an individual. He also was opposed to
issuance of the dancing license.
Dan Cozak, 10674 E. Lora, was opposed due to possible influence
on the young people in the area.
Nellie Lassey, 6018 N. Encinita Ave., stated the Sr. Citizens
and Christian ,!omens Federation, was opposed, and she was also.
Thelma Strangman, 5753 N. Primrose, was opposed as a public
nuisance due to additional noise, and too near residences.
Mrs. Oliver S. Grant, 5434 N. El Monte Ave., was opposed to this
type of establishment in Temple City, and stated it would draw
people from outside the City that would be undesirable, and de-
trimental to the youth of the City as well as the public interes'
Mayor at this time gave the applicants an opportunity for re
butte].
Mr. Johnston stated so far as noise was concerned not even the
juke box can be heard outside and the doors would be kept closed
at all times. Mr. De Smith stated the business will be conducted:
properly at all times.
The City Manager advised there were 15 to 20 residential units
within the 300 ft. radius.
City Attorney Martin advised the Council the previously listed
reasons a through'P were the only ones for denial of the applica-
tions and if none are true the Council must issue the permits.
One application is for dancing to a juke box or other music,
and the other for entertainment to have waitresses in leotards
or capris do modern dances, watusi, frug, etc., and at a future
date to have a 3 or 4 piece combo to take the place of the juke
box.
Councilman Nunamaker moved to close the public hearing, Council-
man Dickason seconded, and the motion carried unanimously.
Mayor Harker asked the City Attorney if reasonable conditions
could be attached and was advised they could. The City Attorney
also advised under our ordinance the parking and commercial use
are in order, and that parking with or without entertainment is
the same.
Councilman Merritt stated the business was existing prior to
parking requirements. Councilman Tyrell asked the City Attorney
if the parking problem would be a public nuisance and was advise:.
there is a definite prescribed number of stalls and if this is
not adequate the ordinance should be amended. Councilman Nunamal..
er felt it was detrimental to public interest.
The City Manager advised the area is C2 with R -4 adacent to com-
mercial northeriy, to the west are parking areas both private and
public with R3 and R2 and two RI residential houses within the
300 ft. radius.
824
Council Minutes, November 2, 1965, page 5
The City Attorney recommended the Council consider the applica-
tions in three parts, dance, entertainment, and 3 or 4 piece comb:..:
and the entertainment request was for two things. Councilman
Nunamaker stated if allowed we are opening the door in Temple Cit
and other taverns will apply immediately, and Temple City will be
known for this and he felt the city should fight back and keep the
standards up, and made a motion to deny the applications as detri-
mental to public interest.
There being no second,Councilman Dickason moved to consider these
items one at a time, Councilman Merritt seconded, motion carried.
Mr. Gillman of the sheriff's License Detail, advised there were
three entertainment licenses in the city, the Ivanhoe, Kon Tiki
and Black Watch.
Councilman Dickason, on the basis of the testimony moved to grant
a license for public dancing to a juke box, Councilman Tyrell sec-
onded and the motion carried by the following roll call vote:
AYES: Councilmen - Dickason, Merritt, Tyrell, Harker
NOES: Councilman- Nunamaker
ABSENT: Councilmen -None
Councilman Nunamaker moved to deny the entertainment license as
contrary to public morals and detrimental to public interest,
Councilman Dickason seconded.
Councilman Merritt moved to amend the approval of dancing with the
juke box to approve the combo for music and to delete the dancing
with leotards for the entertainment. The City .°attorney restated
the motion that an entertainment permit be granted to use a three
or four piece combo at this location and no other form of enter-
tainment as defined by the Code may be used on these premises.
Councilman Tyrell seconded, roll call vote to determine if this
motion as stated shall be substituted:
AYES: Councilmen - Dickason, Merritt, Tyrell, Harker
NOES: Councilman - Nunamaker
ABSENT: Councilmen -None
The "yes" vote to the substitute motion means the Council will
vote on the motion by Councilman Merritt as opposed to Councilman
Nunamaker's motion. Before voting the Council discussed the plac-
ing of conditions on the entertainment to be voted on as follows:
1. the hours be restricted from 9 P.M. to 1 A.M. and 2. that per-
mits will not be effective for any purpose until the applicant hae
signed to agree to comply with these conditions to the motion.
Roll call vote to carry as follows:
AYES: Councilmen- Dickason, Merritt, Tyrell, Harker
NOES: Councilman- Nunamaker
ABSENT: Councilmen -None
City Attorney Martin stated the Council has authorized two permit
one for public dancing either to a juke box or to a 3 or 4 piece
combo up to 1 A.M. and denied a permit for entertainment for
girls to dance in leotards, and permits will not become effective
until the applicants have signed a consent to the conditions im-
posed.
9 :30 P.M. Mayor Harker declared a 5 minute recess at this time.
9 :40 P.M. The Mayor reconvened the Council.
Councilman Merritt noted the exodus of a large part of the audi-
ence at this time with about 90% of the agenda to be acted upon.
The Council discussed the present zoning ordinance requirements
For businesses with entertainment licenses. Councilman Nunamaker
made a motion that this be referred to the Planning Commission to
come up with a new ordinance on parking for entertainment licenses
and that ail entertainment licenses be Frozen until such time,
Mayor Harker seconded, and the motion was unanimously carried.
7. DOUBLE DRIVE MEDIAN STRIP IMPROVEMENT: CONTRACT
The City Manager presented the contract for Council approval for
the above improvement, the contract to be given to Dukes Landscap-
ing Co, of San Gabriel. Councilman Tyrell moved to approve the con-
tract and authorize the Mayor and City Clerk to sign on behalf of
the City, Councilman Merritt seconded, and the motion was unani-
mously carried.
825
Council Minutes, November 2, 1965, page 6
NE'.! BUSINESS:
8. RESURFACING OF TEMPLE CITY BLVD.
City Manager Koski stated $40,000. was appropriated in the bud-
get for resurfacing Temple City Blvd. and recommended the Council
review a proposed change which has been prepared by the County
Road Dept. and the staff. The recommendations are as follows:
the section from Las Tunas Dr. to Live Oak be considered for re-
moval of pavement and an adequate structural section be construct
ed at a cost of approximately $24,000., the balance of Temple
City Blvd. to the city limits receive surface treatment at a cost .
of approximately $4000., or a total of $28,000. Following dis-
cussion by the Council it was decided to hold this item over for
further study and consideration.
9. REQUEST FOR REBATE ON CURB & GUTTER, $168., 5308 McCulloch, S.M.
Cunningham.
The City Manager advised on expanding the Rest Home, Mr. Cunning-
ham was required to put in curb and gutter. Shortly after that
the people on McCulloch decided to dedicate and put in curb and
gutter. Due to time involved in completing the work for the
block Mr. Cunningham went ahead put the curb and gutter on his
property in and is requesting a rebate under our curb and gutter
program. Councilman Tyrell moved to grant, Councilman Dickason
seconded, and the motion carried unanimously.
10. AGREEMENTS LAS TUNAS DR. & MUSCATEL - TRAFFIC SIGNAL: Between City
and County.
The City Manager advised this pertained to the revamping of the
intersection at Muscatel and Las Tunas Dr. which involves the
removal of the center island traffic signal and installation of
over -head signals being suspended on mast arms and a turn pocket
provided. The cost is shared by San Gabriel, the County and this
City. The estimated cost to the City is $1600. Councilman
Tyrell moved to approve the agreements and to authorize the Mayor
and City Clerk to sign on behalf of the City, Councilman Nunamake
seconded and the motion carried unanimously.
11. PLANNING COMMISSION RECOMMENDATION: Re Condominium, Broadway &
Temple City Blvd.
a. Under Design, condition #5, that word "Alleys" be deleted and
word "Driveways" be inserted.
The City Manager explained this was a matter of terminology which
carried different requirements in planning and building. Coun-
cilman Tyrell moved to approve the recommendation of the Planning
Commission, Councilman Merritt seconded, and the motion was un-
animously carried.
12. RESOLUTION NO. 65 -540: appointing Recreation personnel.
The Council requested this resolution be held over until the next
meeting for consideration.
13. PARKING COMMISSION RECOMMENDATIONS:
a. recommend certain parking lots be restricted to 2 hour parkin
from hours of 9 A. M. to 6 P. M., Sundays & Holidays excepted
The City Manager pointed out on the map the areas covered by this
recommendation which includes one area subject to the City acquir
ing title. He advised the estimated cost of signing the lots
for the above restrictions is estimated at $200. Councilman
Tyrell moved to approve the recommendation of the Parking Commis.
sion and to authorize the sins, Councilman Dickason seconded,
and the motion was carried with Councilman Merritt objecting only
to so many signs.
RESOLUTION NO. 65 -538: Warrants & Demands in the sum of $70,084.1:;
Nos. 7190 -7279
Councilman Nunamaker moved to adopt Resolution No.65 -538, Council
man Tyrell seconded, roll call vote to carry the motion as follow
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
14.
15. RESOLUTION NO. 65 -539: T. C. Improvement Dist. #1, " :!arrants & De-
mands, in sum of $685.96, Nos. 106 & 107
Councilman Tyrell moved to adopt Resolution No. 65 -539, Council-
826
Council Minutes, November 2, 1965, Page 7
man Nunamaker seconded, and the motion carried unanimously.
16. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS:
Councilman Dickason reported on the recent formation meeting
held to organize the Southern California Association of Govern-
ments and felt it well worth participating in.
17. COMMUNICATIONS:
a. Request for annual turkey raffle, Parents Council of Cub
Scout Pack #160,. St. Lukes Parish, to be held Nov. 19, 1965.
Councilman Tyrell moved to approve the request if not opposed by
the Sheriff, Councilman Merritt seconded, and the motion carried
unanimously.
18. TIME FOR THOSE IN THE AUDIENCE `:MO WISH TO SPEAK:
Mrs. Grace Vett, 5476 Temple City Blvd., requested the Council
to appeal the decision of the Planning Commission on their appro'.:
al of the Graham Variance #65 -167. The City Manager advised Mrs,
Vett had been informed of appeal procedure. Mrs. Vett stated it
was the city's fault and she believed it was up to the City to d:;
this. Councilman Tyrell stated it was proper for the aggrieved
parties to appeal and not the City, Councilmen Dickason, Merritt
and Harker all voiced the same opinion.
Mrs. Lou Clarkson of the Sister City Committee presented to the
Council a Certificate received from the Readers Digest for
achievement in the People to People Program. Councilman Nunamak-
er moved to have it framed and hung in the City Nall, seconded
and unanimously carried.
19. The Council was advised the City had received the Certificate
from the Secretary of State making Annexation #9 officially a
part of Temple City, as of October 27, 1965.
The City Manager requested authorization from the Council to pay
funds from the Flood Control District to Krelle & Lewis in
accordance with our Agreement with them. Councilman Tyrell so
moved, Councilman Merritt seconded, and the motion carried un-
animously.
The City Manager presented a letter of thanks from the Fair Com-
mittee of the Chamber of Commerce for City participation, static,
they won third prize, the letter signed by Marge Calamia.
He also advised the Council that Temple City was one of several
cities listed showing a "0" injury rate for city staff for the
period 7/1/64 - 7/1/65, by the Calif. League of Cities and Com-
pensation Insurance Fund safety contest conducted annually.
The City Manager presented a letter from Fickes & Fickes re,
commending the City pay the final 10% withheld to Mr. Delgado
on the Temple City Park contract. He advised the City Attorney
had reviewed and approved the payment. Mr. Koski recommended if
the Council concurred with acceptance of the work of Temple City
Park that they authorize a check to be drawn in the sum of
$4303.77 to Mr. Delgado. Councilman Nunamaker so moved, Councii
man Dickason seconded, the motion carried unanimously.
City Manager Koski presented for Council consideration a request
for utilization of professional assistance for coordination of
the annexation program and that an agreement be drawn by the Cit
Attorney. Councilman Dickason so moved, Councilman Merritt se-
conded and the motion was unanimously carried.
The Manager presented a request from the Park Foreman fior member
ship in the Calif. Turf Grass Council to cost $12. Councilman
Tyrell moved to approve, Councilman Nunamaker seconded, and the
mo tion carried unanimously.
In 1963 Mr. Townsend deposited $250. for curb & gutter cost on
Agnes. The work is completed and authorization is requested to
issue a check from the City to the contracting firm, Councilman
Tyrell so moved, Councilman Nunamaker seconded, carried unanimou,
ly.
827
Council Minutes, November 2, 1965, pace 8
20. ADJOURNMENT:
Councilman Tyrell moved to adjourn, seconded and unanimously
carried. Next regular meeting of the City Council on November
16, 1965, in the Council Chambers of the City Hall, 5938 Kauffman
Avenue, Temple City.
1 ATTEST:
1
1
Mayor
828