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HomeMy Public PortalAboutCity Council_Minutes_1966-01-04_Regular 1966C O U N C I L CITY OF TEMPLE CITY JANUARY INITIATION: M I N U T E S TEMPLE CITY CALIFORNIA 4, 1966 1. Mayor Harker called the regular meeting of the City Council to order at 7:30 P. M. Councilman Nunamaker, who is Pastor of the 2. Reorganized Church of Jesus Christ in Temple City, gave the in- 3. vocation. Mayor Harker then led 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, Atty. Kramer of O'Melveny t Myers, & Engineer Krelle 5. APPROVAL OF MINUTES: a. Regular meeting of Dec. 7, 1965. On page 6, the first line the minutes were corrected to read "spread for 10 yrs." Council- man Nunamaker moved to approve as corrected, Councilman Dickason seconded and the motion carried unanimously. b. Special meeting of Dec. 21, 1965. Councilman Merritt moved to approve as mailed, Councilman Dickason seconded, and the motior was unanimously carried. PUBLIC HEARING: 7:30 P. M. - ASSESSMENT HEARING, PARKING DISTRICT NO.3 Mayor Harker announced that the hour of 7 :30 O'clock P. M. had arrived, and it was the time and place fixed for the hearing on the assessment filed in the matter of Vehicle Parking District No. 3 of the City of Temple City. The City Clerk presented to the Council the affidavits of mailing and publication of notice of filing the assessment, following which he presented the assessment roll to the Council. Attorney Kramer of O'Melveny & Myers explained the proceedings w. commenced a little over a year ago for financing of off- street parking facilities in the City under 1943 law. In March followir a public hearing the Council ordered the formation of the Distric and ordered the City Attorney to acquire the necessary properties This having been accomplished the Supt. of Streets has had prepar ed an assessment spreading the cost of the project among the var ous property owners. The question before the Council at this tin: is as to the fairness of this assessment spread. The purpose of the hearing is to give the property owners an opportunity to be heard on the spread and to lodge protests if they so desire. Supt. of Streets Koski was sworn in by City Attorney Martin and was questioned by Atty. Kramer. The Supt. of Streets testified the assessment was prepared and spread under his direction, and that in his opinion the assessment has been spread upon the lands in the district subject to assessment in proportion to the bene - :, fits to be derived from the proposed acquisition and improvement. He advised Engineer Krelle had prepared the assessment under his direction. City Attorney Martin swore in Engineer Krelle who testified he had prepared the assessment spread under the direction of the Supt. of Streets, and he believed the assessment has been spread upon the lands in the district subject to assessment in proporti- on to the benefits to be derived from the proposed acquisition an improvement. Mr. ,rejje advised in spreading the assessments con- sideration was given to the are:w of the various properties in the District, the business potential, location and proximity and accessability to the proposed parking facility. Any properties within 200 ft, of the facility can be determined to receive full benefit. The properties on Las Tunas Dr. and the first 200 ft. north of the facility were assessed on the same basis with the e>. ception that all properties on Temple City Blvd. excluded the bec 65 ft. so all would have the same depth. From 200 ft. to 300 ft, 844 Council Minutes, Jan. 4, 1966, page 2 north of the facility the assessment was 50% and northerly be- yond 300 ft. the assessment was 25 %' which .he believed equitable. He advised he had 40 years experience as a civil engineer on this type of municipal improvement, - with the County ten years and six years of private practice doing the same work, which in this time has amounted to over $50,000,000. He advised on Temp1e.- City Blvd. they were assessed on only 110 ft. depth which is the.:, same as on Las Tunas Blvd. The City Clerk read in full a letter of protest filed by Ray 0. Parady,- owner of Lot 195, Tract 6561. Also a letter of protest from Chas. Mahaffey, owner of Lots 192, 193, and 194. The Mayor asked if either, of these property owners were present and wished to speak. Mr. Parady came forward to speak. Ray 0. Parady, 9175 Bidwell Si., owner of Lot 195 which is 200 ft. from the new parking lot, protested the assessment as well as method of assessment. Lot 195 is 25 ft. wide. Mr. Mahaffey was not present. Mayor Harker asked If anyone wished to present an oral protest and no one came forward to - speak. Mayor Harker- then asked i.f any other- person present desired. tam, be heard at this time in connection.w.i :th this assessment. No one came forward to speak. Atty. Kramer asked Engineer Krelle to comment on Mr. Parady's protest. Mr. Krelle advised they felt breaking the assessments down on the 100 ft. basis was not in error but reasonable.. .1z_ relation to the benefits received. There followed considerable discussion by the Council regarding the assessment spread. Attorney Kramer advised the Council that . if, as a result of protests or otherwise, it believes the assess ment was not properly spread or is incorrect in any other parti- cular, it should order the assessment changed, otherwise it is the of the Council to confirm the assessment as filed. Councilman Merritt suggested the assessments on the Temple City Blvd. properties start with the iow at the north and graduate southerly with 100% being assessed adjacent to the parking. lot. Councilman Tyrell felt only one property north of the lot had equal advantages to the properties on Las Tunas Dr. and it could have an entrance from the parking lot. The lots on Las Tunas Dr . are mostly completely developed and they rely completely on the parking lot. On Temple City Blvd. even if developed to 1TO ft. they still have 65 ft. to provide parking. He felt the property to north ard adjacent to parking lot should be assessed 100% and the rest should be graduated northerly as they will not have access to the parking lot. Councilman Nunamaker stated the value of the properties are in- creased by the parking lot and that with only two protests out p. twenty -one assessments it was not enough to change the assessment spread. He also cited First Western Bank already has its,own parking lot and they are being assessed 100% by the assessment spread. Mayor Harker suggested starting with the lot adjacent northerly to the parking lot the assessment be 100% and working down to 30% at the northerly end of the district. Councilman Dickason questioned whether the assessment should be on a graduated scale. City Attorney Martin stated the law does not disqualify a proper- ty owner within the district, and Councilman Merritt is one, so -::. he directed a. question to Councilman Merritt asking him if he di_ take the position of not being prejudiced or biased and would vote fairly, to which he responded that he did:take this positic: 845 Council Minutes, January 4, 1965, page 3 City Attorney Martin suggested the assessments be graduated on a 7% increment as follows: #21 - 30 %, #20 - 37 %, #I8 - 44 %, #17 - 51 %, #16 - 58 %. Councilman Merritt moved the matter be referred back to the Engineer to be re- spread on the properties on Temple City Blvd. #9 through #21 for the same amount but on a graduated scale. Councilman Tyrell seconded the motion. Roll call vote to carry . the motion as follows: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilmen -None Councilman Tyrell moved to continue the public hearing for two weeks to Jan. 18, 1965, at 7:30 P. M. for Engineer Krelle to change the assessment spread, Councilman Nunamaker seconded, and the motion carried unanimously. 6. TRACT #29316: Roy M. Almquist, etal. City Manager Koski presented the map for Tract #29316 and advis- ed the City Engineer recommends the Council approve the map, accept the streets and easements, as offered for dedication on said map, approve and accept the following work agreements which have been approved by the City Attorney: a. agreement guaranteeing setting of survey monuments tie points, and furnish ing tie notes and City Receipts #6242 & 6243 for $530. in lieu of faithful performance bond, b. agreement to construct a water system and City Receipts #6242 & 6243 for $3000. and $1500. in lieu of faithful performance and labor and material bonds. Also that the Council finds that Roy M. Almquist, subdivider of the subject tract, has in good faith attempted to secure the signa- tures of So. Calif. Edison Co. and So. Co. Gas Co., easement holders, has been unable to do so, and a refusal to accept the map for recording would work an undue hardship on the subdivider. Councilman Merritt moved to approve as recommended by the City Engineer, Councilman Dickason seconded, and the motion was unan- imously carried. REQUEST FOR TIME EXTENSION: DOUBLE DR. IMPROVEMENTS City Manager Koski presented a request from Krelle & Lewis for a time extension for Dukes Landscaping for the completion of the median strip on Double Dr. due to the rainy weather. Following discussion Councilman Dickason moved to approve a 20'day exten- sion, which would extend completion to Jan. 15 to compjete the landscaping; Councilman Nunamaker seconded, and the motion was unanimously carried. 8. ORDINANCE NO. 66 -180: 1st read. City Attorney Martin presented Ordinance No. 66 -180 and read titi:. AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 203.1 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE DRAINAGE OF LOTS IN SUBDIVISIONS AND LOT SPLITS. Councilman Merritt moved to waive further reading, Councilman Dickason seconded, the motion carried unanimously. No further action was taken as this was the first reading. RESOLUTION NO. 66 -555: Recreation Dept. personnel City Manager Koski read title to Resolution No. 66 -555 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PART -TIME AND TEMPORARY EMPLOYEES. He explained these were re- placements. Councilman Nunamaker moved to adopt Resolution No. 66 -555, Councilman Merritt seconded, motion unanimously carried. 10. RENEWAL OF STREET MAINTENANCE AGREEMENT. Res. #66 -558 City Manager Koski read title to Resolution No. 66 -558 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXECUTION OF A RErEWAL OF A CONTRACT ,'JITH THE COUNTY OF LOS ANGEL- ES CONCERNING STREET MAINTENANCE FOR A PERIOD OF FIVE YEARS. Councilman Merritt moved to adopt Resolution No. 66 -558, Council- man Dickason seconded, and the motion carried unanimously. 11. RESOLUTION NO. 66 -557: ORDERING ACQUISITION OF PROPERTY ON BALDWIN AVE. FOR WIDENING STREET City Attorney Martin read title to Resolution No. 66 -557 A RESOLU• TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING AND 846 Council Minutes, January 4, 1966, pace 4 DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN RIGHTS -OF -WAY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (BALDWIN AVE. PROJECT). He explained this was necessary for the widening of Baldwin Ave. Councilman Nunamaker moved to adopt Resolution No. 66 -557, Councilman Merritt seconded, motion unanimously carried. 12. RESOLUTION NO. 66 -556: re sale of property in Temple City for delinquent taxes City Attorney Martin presented Resolution No. 66 -556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, OBJECTING TO THE SALE BY THE COUNTY TAX COLLECTOR OF LOS ANGELES COUNTY, PURSUANT TO DIVISION 1, PART 6, CHAPTER 7, OF THE REVENUE AND TAXATION CODE, ONE PARCEL OF PROPERTY WITHIN THE CITY OF TEMPLE CITY AND AGAINST WHICH THE CITY OF TEMPLE CITY LEVIED TAXES. He explained this parcel is important to the City for street purposes. Councilman Nunamaker moved to adopt Resolution No. 66 -556, Councilman Merritt seconded, and the motion was un- animously carried. 13. SET PUBLIC HEARING ON APPEAL FROM PLANNING COMMISSION DECISION: Variance case #65 -173, Rudy Strnad, 9738 Las Tunas Dr. CEtyt ,Attorney Martin advised based on the ordinance amending procedure on appeals the Council had four alternatives as follows: a. may confirm action of the Planning Commission b. study minutes, tapes and exhibits and debate either to confirm or reverse c. refer back to the Planning Commission d. hold hearing de novo Following discussion Councilman Tyrell moved to consider under procedure "b ", Councilman Dickason seconded, and the motion was unanimously carried. The City Attorney advised this procedure will be followed prior to next meeting when the Council will be prepared to vote. 14. TRAFFIC COMMISSION RECOMMENDATIONS: City Manager Koski presented the following recommendations from the Traffic Commission: Item 5. installation of Barked parking stalls on Agnes and Rowland between Las Tunas & Woodruff. Item 11. installation of "Stop Ahead" pavement markings on Olive St. at Encinita. Following discussion Councilman Merritt moved to approve Items 5 and 11 as recommended by the Traffic Commission, Councilman Tyrell seconded, and the motion carried unanimously. There followed a discussion regarding the buses coming .down Baldwin to Las Tunas and then left on Temple City Blvd. which causes a traffic tie up. Discussion concerned putting a no left turn sign on Temple City Blvd. and the Traffic Engineer advised this could be done and the busses would have to observe it which would take them to Rosemead to turn left for the freeway. The City Manager will check with Santa Anita Turf Club for their assistance on this problem. 15. PARKS & RECREATION COMMISSION RECOMMENDATIONS: 1. recommend American Little League of Temple City be granted per- mission to make improvements as requested on field at Live Oak Park. Following discussion Councilman Nunamaker moved to approve, Coun- cilman Merritt seconded, and the motion carried unanimously. 16. RESOLUTION NO. 66 -559: Warrants & Demands City Manager Koski presented Resolution No. 66 -559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLO1ING CLAIMS AND DEMANDS IN THE SUM OF $52,429.76, DEMAND NOS. 7417 THROUGH 7519. Also he requested approval of a warrant in the sum of $75,000. for transfer from active to inactive account for 30 days, Councilman Merritt moved to adept Resolution No. 66 -559 and also to approve the transfer of $75,000. to inactive account, Council- man D.icIason seconded, and the motion carried unanimously. 17. RESOLUTION NO. 66 -560: Warrants & Demands, T.C.Impr.Fd. P.D. #1 City Manager Koski presented Resolution No. 66 -560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLO';!ING CLAIMS AND DEMANDS IN THE SUM OF $1245. DEMAND NOS. 112 & 113, ACQUISI- 847 Council Minutes, January 4, 1966, page 5 TION AND IMPROVEMENT FUND FOR VEHICLE PARKING DISTRICT NO. 1. Councilman Nunamaker moved to adopt Resolution No. 66 -560, Coun- cilman Tyrell seconded and the motion carried unanimously. 18. COMMUNICATIONS: a. Request from Rotary Club of Temple City for installation of Ford gum ball machines. City Manager Koski presented the letter of request from the Rotary Club, the funds to be used for youth and civic service. Following discussion Councilman Tyrell moved to approve, Councilman Dickason seconded and the motion carried unanimously. b. Request from T. C. High School Class of 1956 for charitable solicitation permit to sell advertising to merchants to finance publication of a reunion booklet for their class. City Manager Koski presented the above request and following con- siderable discussion Councilman Dickason moved to disapprove and deny the request, Councilman Nunamaker seconded, and the motion carried unanimously. c. Request from T. C. Chapt. of American Field Service to sell ads for programs for a show to aid in financing foreign ex- change program. City Manager Koski presented this request and Councilman Nunamak- er moved to approve, Councilman Merritt seconded and the motion carried unanimously. 19. TIME FOR THOSE IN THE AUDIENCE WHO :'!ISH TO SPEAK: Ray Parady, 9175 Bidwell St., thanked the Council for reconsider, ing the assessment on Parking Dist. No. 3 on Temple City Blvd. Raymond Burger, 9108 Rancho Real Rd., stated he lived in R -3 zone directly behind the Temple City Animal Hospital, and stated the noise from the dogs barking is almost unbearable to the neighborhood. He requested the Council to do something to con- trol the problem. Following a lengthy discussion it was decided to have the City Manager contact Dr. Jobe and see if arrangements cannot be made to alleviate the problem. Mayor Harker recognized Mrs. Robt. Moses of the San Gabriel schools, together with a number of students who were present observino city government in action. He welcomed them and invit- ed them to come again and bring questions if they so desired. Mr. Stalkeeper, 9033 Rancho Real Rd., stated he wished to support the complaint of Mr. Burger, that the noise was unbearable and requested the Council to do something for the homeowners in the area. 20. MATTERS FROM CITY OFFICIALS: City Manager Koski presented a request for a proclamation from the Jr. Chamber of Commerce proclaiming Jan. 16 -22 as J -C week and to urge all citizens to give full consideration to future services of the Junior Chamber. t1ith the approval of the Council Mayor Harker so proclaimed. The City Manager requested the City Council to set a public assessment hearing for curb and gutter installed on the north side of Pentland between Alessandro and Encinita, on one proper- ty at 9221 Pentland. Councilman Nunamaker moved to set a public hearing for 7 :30 P. M. on Jan. 18, Councilman Dickason seconded, and the motion carried unanimously. The City Manager presented a proposal for election services from Martin and Chapman in the amount of $1714.and recommended the Council approve hiring them for this service. He also advised a bid had been made by Aldine Printing Co. who do election work as well as printing office supplies, etc. As Martin & Chapman do nothing but election services and are specialists in the field the City Manager recommended Cnem to the Council. Following con- siderable discussion Councilmen Tyrell moved to approve the bid of Martin & Chapman, Councilman Merritt seconded, and the motion was carried by the following roll call vote: AYES: Councilmen- Merritt, Tyrell, Harker NOES: Councilmen - Dickason, Nunamaker ABSENT: Councilmen-None 848 1 Council Minutes, January 4, 1966, page 6 The City Manager advised he had reviewed the applicants for Planning Director and asked the Council if they wished to act on his recommendation or if he was authorized to make the se- lection. Following discussion the Council advised the City Manager to make the selection. The City Attorney stated a letter had been received from the Municipal Court of Alhambra requesting the $1. traffic fine be amended to conform with other cities and the county. He read title to Ordinance No. 66 -181 AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTION 3305 OF THE TEMPLE CITY MUNICIPAL CODE. He recommended this ordinance be adopted as an urgency ordinance. Following discussion Councilman Tyrell moved to waive further reading and to adopt Ordinance No. 66 -181 as an urgency ordinance, Councilman Nunamaker seconded, and the motion res carried by the following roll call vote: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilmen -None City Attorney Martin presented Ordinance No. 66 -182 as an Urgency Ordinance adding sections to the Municipal Code establish ing the term of office of Commissioners as two years. He read title as follows: AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTIONS 2722.1, 7304.1 and 2.1 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO TERMS FOR COMMISSIONERS. He explained this will set all terms at two years on expiration of present terms. Councilman Tyrell moved to waive further reading and to adopt Ordinance No. 66 -182 as an urgency ordinance, Councilman Merritt seconded, and the motion carried by the following called vote: AYES: Councilmen - Dickason, Mwrritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilmen -None City Attorney Martin presented Resolution No. 66 -561 A RESOLUTIOP OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING RESOLU- TION NO, 60 -46 RELATING TO TERMS FOR COMMISSIONERS. Councilman Nunamaker moved to adopt Resolution No. 66 -561, Councilman Merril seconded, roll call vote to carry the motion as follows: AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilmen -None Mayor Harker at this time stated the term of Mike Cornelison as Commissioner on the Parks & Recreation Commission expires this month and reappointed him for a two year term. As Mr. Cornelison was not present the City Manager will administer the oath of office at the first opportunity. Councilman Dickason stated that April is only two months away and he hoped many candidates would file for Councilmen. He stated he will not be running this year. 21. ADJOURNMENT: Councilman Nunamaker moved to adjourn, seconded and unanimously carried. Council adjourned at 10 :00 P. M. Next regular meeting of the City Council on Jan. 19, 1966, at 7:30 P. M. in the Council Chambers of the City Hall, 593' Kauffman Ave., Temple City. 1 ATTEST: /t/ p ' /JJ City Clerk Mayor 849