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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 862