HomeMy Public PortalAboutCity Council_Minutes_1966-02-01_Regular 1966C O U N C I L M I N U T E S
C N °Y OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
FEBRUARY 1, 1966
INITIATION:
1. Mayor Harker called the regular meeting of the City Council to
2. order at 7 :30 P. M. Rev. Gilbert Myers, Associate Pastor of the
First Baptist Church of Temple City gave the invocation. Mayor
3. 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: Atty. Wm. Kramer of O'Melveny & Myers, Engineer
Krelle, City Attorney Martin and City Manager Koski
5. APPROVAL OF MINUTES: Regular Meeting of Jan. 18, 1966.
Councilman Nunamaker moved to approve the minutes of the regular
meeting of January 18, 1966, as mailed, Councilman Merritt second
ed and the motion carried unanimously.
UNFINISHED BUSINESS:
PUBLIC HEARING CONTINUED:
TRICT NO. 3.
Mayor Harker declared the continued Public Hearing in session,
and requested Atty. Kramer of O'Melveny & Myers, to review the
case to date.
7:30 P. M. ASSESSMENT HEARING PARKING DIS-
Atty. Kramer stated this was th;.! third meeting of the City Coun-
cil at which they have deliberated whether or not the original
proposed assessment as prepared by the engineer should be confin-
ed as is or whether certain modifications in the assessment
should be made. The sole purpose of the hearing is to determine
whether the assessment spread has been done on a fair basis in
proportion to the benefits to be received by the various proper-
ties. He stated all testimony relating to the petition, forma-
tion of the district, or properties having no benefit from the
district, has no relationship to this public hearing. A hearing
was held in March, 1965, at which time there were no written
protests and no oral protests, and the Council determined all
properties were benefited and ordered the formation of the dis-
trict. This determination is no longer open to question. Also
it is recognized that the City has a plan calling for a mall type
of development but this does not relate to this public hearing.
Access and egress regarding the mall or dedications for this pur-
pose have no relationship to this hearing except that it might
have some'bearing on the amount of benefit properties will re-
ceive from the parking improvement. This hearing is to determine
if the assessment spread is fair and according to the benefits
to be derived by the various parcels.
Councilman Merritt stated that being a property owner in the dis-
trict he had not at any time tried to get away from sharing any
responsibility in the assessment of the district that he at all
times and still remains open minded in this debate. Also that
any arguments he had put up were not in connection with his prop-
erty but for those farther north and farther away from the park-
ing lot.
Following discussion Councilman Nunem3ker moved to overrule all
protests, b:et.h oral and wr' i tt ,n, Councilmen Merritt seconded, and
the Mnt;01 was carried by the following ro-1 ► caa 1 vote:
AYES: Counc i lnien- Dickason, Mrr i tt, Nunamaker, Tyrell, Harker
NOES: Counci imvn -Nor
ABSa iii-: Councilmen-None
City A::tornev Martin read ':;tie to RESOLUTION OF T: =1E CITY COUNCIL
OF THE . TY OF TEMF E C!TY, Cr.,,::.JR;J A, VAKING DETERMINATIONS AND
CONFIRMING ASSESSMENT ATSER CF VEHICLE PARKNG DISTRICT NO.
3 OF SAID CITY,. Cour,c l 'r man Nunamaker moved to adopt, As there
was no scc.md to the motion, no Ft. thr action was taken°
857
Council Minutes, February 1, 1966, page 2
Engineer Krelle explained the chart of the assessments being con-
sidered. Schedule A is the proposed original assessment spread,
Schedule B is the spread as requested by the City Council, and
Schedule C an alternate proposal by the Engineer. Schedules as
Follows:
Assessment Amount of Amount of Amount of Assess -
Number Orig. Assess. Assessment as ment Alternate
requested by Method
Council
IIAII
II BII
'idle
90 $
11
12
13
14
15
16
17
18
19
20
21
2,819.91 $
2,819.91
2,819.91
2,o19.91
5,640.85
2,819.91
2,819.91
2,819.91
2,819.91
451.76
451.76
507.46
14409.96
2,819.91 $
2,702.43
2,584.95
2,467.47
4,582.50
2,115.04
1,997.56
3,642.68
3,172.76
902.50
869.61
930.73
2,2.32.93
TOTAL $31,02.1.07
2,819,91
2,765.69
2,697.91
2,616.59
4,934.94
2,291.25
2,155.70
3,350.52
3,145.65
315.76
755.02
761.57
1,410.56
$31,021.07 $31,021.o7
Discussion followed and Councilman Dickason moved to order the
Engineer to make modifications as proposed in Schedule "C ", Coun-
cilman Tyrell seconded, and the City Attorney read title to Reso-
lution No, 66 -573 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, ORDERING CERTAIN MODIFICATIONS AND
CORRECTIONS IN ' THE ASSESSMENT /kJ MATTER OF VEHICLE PARKING DIS-
TRICT NO. 3 OF SAID CITY. Roll call vote to adopt resolution No,
66 -473 as follows:
AYES: Councilmen- Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
City Attorney Martin read title to Resolution No, 66 -574 RESOLU-
TION OF THE CITY OF TEMPLE CITY, CALIFORNIA, MAKING DETERMINATION
AND CONFIRMING ASSESSMENT iN MATTER OF VEHICLE PARKING DISTRICT
NO. 3 OF SAID CiTY. Councilman Tyrell moved to adopt Resolution
No. 66 -574, Councilman Nunamaker seconded, roll call vote to
carry as follows:
AYES: Councilmen- Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
The City Attorney advised this completed the public hearing, and
assessments have been confirmed in accordance with Schedule "C ",
6. TEMPLE CITY ANIMAL HOSPITAL PETITION: Report to' Council
City Manager Koski stated a petition had been received signed by
some 40 property owners in the area of Rancho Real and Rosemead
protesting the noise and operation of the Temple City Animal
Hospital, 5406 Rosemead Blvd. The City Manager advised he had
investigated the complaint and conferred with the owner of the
Temple City Animal Hospital, with Mr, Burger and other residents
in the area who presented the petition. He requested the City
Attorney to review the possible alternatives the City may pursue
in acting on this petition.
The City Attorney advised in making a determination in this type
of matter the Council can continue jurisdiction under the adminis
tration in hopes tha Manager can obtain necessary compliance, or
the City Council can hold a public hearing on the license grant
consideria ltcense revocation. He recommended at this point
without getting into a hearing determine whether this should be
left to the jurisdiction of to City Manager. He stated some
citizens have signed a petitio, stating a public nuisance exists
on these premises. The Council may order the City Attorney
to as in any public n� i san.e and take i t to
court if it is
determined the public nuisance is there, or call a public hearing
with all persons notified, or leave the matter in the hands of
the City Manager.
Council Minutes, February 1, 1966, pdge
William M. Lassleben, Jr., Atty., 300 E. Penn St., Whittier,
stated he was the attorney representing Dr. Darr Jobe, owner of
Temple City Animal Hospital, He requested a copy of the petitio=
and stated Dr. Jobe wants to operate the animal hospital in good
standing, he has been there 16 yrs. with an investment of
approximately $125,000. He is not violating any zoning ordinance-
the land use is proper and in the proper zone. He is willing
to continue discussions with the City Manager in an attempt to
alleviate any problems. Mr. Lassleber advised Dr. Jobe has been
operating this hospital many years prior to people who have move, .
in and who now occupy adjacent property and who now complain.
He advised Dr. Jobe wants to do everything possible to cooperate
with the City, and the owners of adjacent property.
The City Attorney advised a petition was presented to this City
Council approximately a month ago charging the operation to be a
public nuisance and asking the Council to take action to abate
that nuisance. He stated this City Council has adopted a policy
that it will not make a decision until giving all the people an
opportunity to appear. The administrative procedure adopted is
if a charge of public nuisance is made that before the City Coun-
cil takes any action for civil abatement it will call a public
hearing so all will have an opportunity to be heard on the matter
and even before that assign the City Manager to try and clear
the matter up. The City Council has not taken any action but
have referred the petition to the City Manager to report back.
The City Manager advised in discussing the matter with Dr. Jobe
he felt to work out an equitable solution with him has possibili-
ties, two of which were, (1) divide his business interest of
kennel and boarding operation, and (2) close exterior of his
hospital building into a sound proof building. Both have seriou,
drawbacks and represent quite a considerable expense.
Councilman Tyrell stated as he understood it from residents of
the area all they are seeking to do is For an equitable disposi-
tion for themselves and for Dr. Jobe, and it has been brought to
the Council as arbitor to see if some fair disposition can be
made as to rights of all parties. He recommended a conference
be held between a representative of the group initiating the
petition, Dr. Jobe and his representative, and the City Attorney
and City Manager, which would be in the area of attempting to
resolve the problem. Mayor Harker felt an acoustical engineer
might be considered for a recommendation, and Councilman Dickeso
felt a time limit should be set on the report back to the Counci
Mr. Lassleben, Atty. for Dr. Jobe, stated his client and he wouii .
be willing to meet with these representatives, but requested
further action and discussion before the Council be held over
until the first meeting in March, which would be March 1. Follow
ing discussion it was agreed to hold the conference as recommend
ed, and to report back at the March 1, 1966, Council meeting,
also considering the services of an acoustical engineer to help
solve the noise problem.
RESOLUTION NO. 66 -571: re authorization of City Clerk to canvass
election
City Attorney Martin read title to Resolution No. 66 -571 A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNif:
ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELL
ON THE 12TH DAY OF APRIL, 1966, TO BE MADE BY THE CITY CLERK OF
THE CITY OF TEMPLE CITY. Councilman Tyrell moved to adopt Reso-
lution No, 66 -571, Councilman Merritt seconded, and the motion
carried unanimously.
City Attorney Martin read title to Resolution No. 66 -572 A RESOLI.
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA,
ORDERING THE CANVASS OF THE SPECIAL ELECTION TO BE HELD ON THE
22ND DAY OF MARCH, 1966, 10 E: MADE BY THE CITY CLERK OF THE C IT'
OF TEMPLE CITY. Councilman yr11 moved to adopt Resolution No.
66 -572, Councilman Nunamaker seconded, and the motion carried by
unanimous vote.
8. REPORT ON BUSES: Temple City Blvd. & Las Tunas Dr. intersection.
City Manager Koski advised buses of the Santa An°to Turf Club
have been rerouted down Baldwin. About one -half of the buses are
859
Council Minutes, February 1, 1966, page 4
Rapid Transit District vehicles, and others are chartered and
certified as charter bus service. Temple City Blvd. was posted
"No Left Turn" as instructed and some of the buses used Primrose
and some went to Rosemead. Rapid Transit Dist. requested because
of the time period involved with 288 drivers, and all drivers
must be familiar with the new route, that the new route be not
instituted until next year. He recommended the buses use Baldwin
only 'effect ive Febr. o, _.3o, and the "No Left Turn' sign be re-
moved From c'-e Temple CIL.: intersec,ion.
NEW BUSINESS:
9. REQUEST FOR SIX MONTHS TIME EXTENSION - TRACT #30243. Baldwints
Condominium
Planning Director Cushman presented a request from E. L. Pearson
Co. for a 6 months time extension for filing the final maps, etc.
on the Baldwin Condominium from Jan. 25, 1965, and he recommended
this be approved. Following discussion Councilman Tyrell moved
to grant an extension of two months from Jan. 2.5, 1966, Council-
man Nunamaker seconded, and the motion was unanimously carried.
10. PLANNING COMMISSION RECOMMENDATIONS:
1. no amendment on parking for establishments having "entertain-
ment".
2. Res. #66- 139PC: recommended amendments re side and rear yard
set backs in residential zones.
3. Res. #66 -1OPC: amendments re "Non - Conforming" status of land
on street widening.
L }, recommendation re proposed Ordinance #66 -178, property nuis-
ance ordinance.
Planning Director presented the recommendations of the Planning
Commission. Following discussion Councilman Merritt moved to
approve Item 1, Councilman Tyrell seconded, and the motion was
carried unanimously.
Following discussion of the amendments changing regulations in
the zoning ordinance recommended in #2, Councilman Tyrell moved
to set a public hearing for March 1 at 7:30 P. M. and that all
necessary notices be made, Councilman Dickason seconded, roll calf
vote to carry as follows:
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
3. Amendments re "Non conforming" status of land on street wid-
ening, Councilman Dickason moved to instruct the City Attorney
to prepare an ordinance in accordance with the recommendations,
Councilman Tyrell seconded, and the motion carried unanimously.
4. Proposed Ordinance #66 -178 will be returned to the Planning
Commission for further study.
11. PARKS & RECREATION COMMISSION RECOMMENDATIONS:
1. request from Senior Citizens for co- sponsorship.
2. changes in fee and charge schedule:
a. elimination of $1. flat fee to local youth groups for kit-
chen
b. elimination of chair fee
c. set standard fee for use of movie projector of $2.00
d. set standard fee for use of P/A system including record
machines of $2.00 each
e, require all groups to supply qualified audio visual operat-
ors for use of P/A system, record machine or movie project-
or, or request services of a recreation leader at $3. per
hour.
f. eliminate charge of $3. per hr. levied on organizations in
Group 1 only, when requesting use of recreation facilities
an days or times when facilities are normally closed
g. • addition of a sentence which stated "All fees and charges
not covered by the above schedule will be determined by the
Director of Recreation cr the Parks & Recreation Commission's
Recreation Director Kobett prt erted the above recommendations.
Following discussion Councilman Nunamaker moved to approve item
1, Councilman Tyrell seconded, and the motion carried unanimously.
Under item 2, Following discussion Councilman Tyrell moved to
approve sections "a" through "e ", Councilman Dickason seconded,
and the motion was unanimously carried.
Under item 2, section "g" Councilman Tyrell moved to approve
after changing the wording to read "schedule will be recommended
Council Minutes, February 1, 1966, page 5
by the Director of Recreation and approved by the Parks & Recrea
tion Commission, Councilman Nunamaker seconded, and the motion
was unanimously carried.
Under item 2, section "f" following discussion Councilman Nuna-
maker moved to deny "f ", Councilman Tyrell seconded, roll call
vote to carry as follows:
AYES: Councilmen- Dickason, Nunamaker, Tyrell, Harker
NOES: Councilman- Merritt
ABSENT: Councilmen -None
12. RESOLUTION NO. 66- 570: Warrants & Demands
Councilman Tyrell moved to adopt Resolution No. 66 -570 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLO IING
CLAIMS AND DEMANDS IN THE SUM OF $23,540.28 DEMAND NOS. 7558
THROUGH 7606, Councilman Nunamaker seconded, roll call vote to
carry as follows:
AYES: Councilmen - Dickason, Merritt, Nunamaker, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None
13„ COMMUNICATIONS:
a. City Manager Koski presented a charitable solicitation re-
quest from Holy Angels P. T. A. to sell advertising for
programs For a fashion show Febr. 1 to April 15. Councilman
Tyrell moved to approve, Councilman Dickason seconded, and the
motion carried unanimously.
b. The City Manager presented a request from the Citizens
Committee for the School Tax Override requesting permission
to place posters along Las Tunas Dr. re the coming election.
Total number would be around 200, and the Committee will
place and remove the posters.
Councilman Nunamaker moved to approve, Councilman Merritt second
ed and the motion carried unanimously.
14. TIME FOR THOSE I N THE AUDIENCE !^!HO ASH TO SPEAK:
No one came forward to address the Council at this time.
15. MATTERS FROM CITY OFFICIALS:
City Attorney Martin read title to Ordinance No. 66 -104 AN ORDIN-
ANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE
PROVISIONS OF ARTICLE 18 OF ARTICLE IX OF THE TEMPLE CITY MUNICI-
PAL CODE, RELATING TO ZONE VARIANCES AND CONDITIONAL USE PERMITS.
This ordinance has been under study by the Planning Commission
and is recommended for adoption to the City Council. Councilman
Tyrell moved to waive further reading and introduce Ordinance
No. 66 -184, Councilman Nunamaker seconded and the motion was
unanimously carried. No further action was taken as this was
the first reading of the ordinance.
Councilman Tyrell recommended the advertising on the bus benches
be cleaned up or have them taken out. Discussion followed regard-
ing the possibility of the City installing bus benches within
the City.
City Manager Koski presented warrant #7633 representing withhold-
ing payable to the Internal Revenue Service and requested approv-
al as this is due on Febr. 15. Councilman Merritt moved to ap-
prove, Councilman Dickason seconded, and the motion carried unan-
imously.
The City Manager advised the Temple City J. C's. have asked for
use of the Council Chambers for a forum of council candidates to
be held on March 30 at 7:30 P. M. Councilman Tyrell moved to
approve, Councilman Dickason seconded, and the motion carried un-
animously.
The City Manager advised re the Green St. sewer improvement that
the design had been completed some time ago and he recommended
we utilize this service of the ::runty Encineer rather than to
a private engineer on this project at this time. The Council
took no further action at this time.
City Manager Koski recommended Edward Alan Martin be appointed as
Administrative Interne for not to exceed 20 hrs. per week at
$2.40 per hour. He is a gradua.e in Public Administration and
is now a student at USC. Count i lma 1 Tyrell moved to approve,
861
Counci=l Minutes, February 1, 1966, page 6
Counc-i.lma.n -Dickason seconded, and the motion carried unanimously.;
At` tf i s` t i re Malor- Harker introduced the new Planning Director,
Mr A George t rag�i cev i C -, and welcomed him as a member of the City.
Staff.
City Manager Koski requested the Council to consider the feasi-
bility of a news letter to be issued at this time. It would take:
approximately three weeks to prepare. It would act as a calendas
year end report and also be made available to residents of the
community giving them information of current topics. The cost
would be approximately $900. including mailing charges. Tnis
news letter could be used by the Chamber, for annexations, etc.
The $900, would be for 15,000 copies and the editorial work would
be done by the staff. Councilman Nunamaker moved to approve and
send out the news letter, Councilman Dickason seconded, and the
motion carried unanimously.
The City Manager advised the Co- ordinating Council would like to
have a representative from the City Council. Councilman Dickason
moved to appoint Councilman Nunamaker, seconded and carried un-
animously.
16. ADJOURNMENT:
Councilman Tyrell moved to adjourn, seconded, and carried unani-
mously. Council adjourned at 9:15 P. M. to the next regular
meeting on February 15, 1966, at 7:30 P. M. in the Council
Chambers of the City Hall, 5938 Kauffman Ave., Temple City.
ATTEST: Mayor
—MT' ler
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