HomeMy Public PortalAboutCity Council_Minutes_1966-06-21_Regular 1966C O U N C I L M E E T I N G
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
JUNE 21, 1966.
INITIATION:
1. Mayor Tyrell called the regular meeting of the City Council to
order at 7:30 P. M. Rev. R. E. Schulz of the Lutheran Church,
2. 9123 Broadway, Temple City, gave the invocation, following which
3. Mayor Tyrell led the Pledge of Allegiance to the Flag.
4. ROLL CALL:
PRESENT: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell
ABSENT: Councilmen -None
ALSO PRESENT: City Attorney Martin, Planning Director Dragicevich.
Public Works Director Pizzorno
5. APPROVAL OF MINUTES:
a. Regular meeting of June 8, 1966.
Councilman Merritt referred to item 16, paragraph 4, correcting
the first line to read, "Councilman Merritt stated an ordinance
had been discussed with respect to ". Councilman Merritt then
moved to approve the minutes of the regular meeting of June 8,
1966, as corrected, Councilman Clemson seconded, and the motion
carried unanimously.
b. Special meeting of June 13, 1966.
Councilman Harker moved to confirm the minutes of the City Clerk
for the June 13, 1966, special meeting, Councilman Beckley se-
conded, and the motion carried unanimously.
PUBLIC HEARING CONT'D. 7:30 P. M. PROPOSED ANNEXATION NO. 11 TO THE
CITY OF TEMPLE CITY
City Attorney Martin advised this is the 2nd hearing to hear
protests to proposed annexation #11 to the City of Temple City,
and that the time had now passed when all protests must be sub-
mitted and those received will be read in full by the City Clerk,
If less than 50% of the assessed value of the property less im-
provements have protested the Council will prepare to hold an
election.
The City Clerk read in full the protests submitted signed by 593
individuals which was filed too late to make any determination
as to the sufficiency at this time. He advised the same protest
had been made by all 593 signatures.
The City Attorney asked if anyone challenged the number of pro-
tests, and no one did. The City Clerk read a written protest
received in the mail with two signatures, plus the two signatures
on the original protest filed, make a total number of signatures
protesting the annexation of 597. City Attorney Martin asked if
anyone challenged the number of protests filed as 597 and no one
came forward to do so. Councilman Clemson moved to refer the
597 signatures to the City Clerk for confirmation, Councilman
Merritt seconded, and the motion carried unanimously.
Mayor Tyrell instructed the audience that if anyone had anything
to add to come forward to the microphone and so state, and if
not to state your name and address and that you agree with what
has been said before. Each person must speak individually con-
cerning their protest.
Elliott Ellenson, 8934 E. Callita, stated he did not feel it
possible that by coming into Temple City they would receive bettc
police protection.
Mayor Tyrell advised the Council is going to listen to the Pro-
testants in the audience, that the Council is not going to make
statements regarding truths or untruths of this. There are
answers but due to time involved the Council will listen to
their statements without refuting them at any time.'
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Council Minutes, June 21, 1966, page 2
Jack Noell, 8839 Naomi, San Gabriel, questioned the legality of
the public hearing, whether it was legal to hold it before the
signatures were certified. City Attorney Martin advised it was
not improper to have the hearing, that the protests were part
of the hearing. Mr. Noell stated due to the type of city,
Temple City being a contract city, that it is not complete, and
he felt they had better police and fire protection in the county
than they would receive from Temple City ..He preferred to re-
main County, and if this were not possible he would prefer to
annex to San Gabriel as he Felt it carried more prestige. He als;
did not consider the lesser tax rate for this City to be of any
value.
Marilyn Gallagher, 8861 Emperor, stated she had not been given
sufficient information to want to become a part of Temple City.
She chose to remain County.
Mary Leupold, 6806 Sultana, complained that she was not notified
of this public hearing which concerned her property. She also
wanted to know the land use proposed. She felt our business dis-
trict should be built up, that it was becoming more obsolete with
Montgomery Ward coming in to the south and May Co. to the north.
Also post office address would be San Gabriel and they would be
in Temple City. She was very opposed to the annexation.
John Hoke, 6146 Mayesdale, inquired as to how much of taxpayers'
money was spent to hire the Public Relations firm to get out a
lot of information.
Mayor Tyrell advised these questions can all be raised at the
meeting for questions and answers on annexation to be held on
Thursday night, the 23d. At this time the Council will only
listen to the reasons for protesting and not answer questions.
Mr. Hoke stated Mr. Hawkins of Hawkins Realty at the meeting the
other evening said the tax assessment for next year had already
been set but after that he would not know what would happen.
He felt the n reduction in taxes was just a gimmick.
Mayor Tyrell stated Mr. Hawkins did not make that statement,
that it came from a tax appraiser from Pasadena.
Mr. Hoke stood corrected but went on record as opposing the annex
ation.
Geo. E. Simmers, 8952 Callita, stated he had protested the pre-
vious annexation completed on the west side of Rosemead Blvd.
He did not feel this annexation nor the proposed annexation #11
was fair to him or the other people involved in the area. He
felt this was poor planning and the City has a very bad adminis-
tration, and he is very opposed.
Ronald R. Nelson, 6734 Muscatel, stated he concurred with all
those speaking before. Also he spoke concerning the possibility
of a park being developed on the Edison Co. easement, which if
accomplished he felt would be very restricted, and limited in
area.
Jim Eberhardt, 8665 Duarte Rd., spoke about San Gabriel mailing,
Pasadena City schools, and belonging to Temple City, which cannot
be changed without a lot of red tape, and also spoke about the
limitations if a park were considered on the Edison easement.
He wanted to know what they would gain by annexation and felt
they should have more information. He knew of no advantages.
Virginia Shad, 6737 Lotus Ave., asked where the money was coming
from for the proposed park. She stated she was in the Temple Cit
School district and would love to change with the man in the Pasa
dena School district. She stated she had been unable to attend
a meeting before and desired more information.
Franklin Udell, Ardendale Ave., advised he voted against incorpor-
ation prior to the successful incorporation election which
eliminated that area. He also carried a protest petition against
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Council Minutes, June 21, 1966, page 3
proposed annexation #11, He stated everyone in his area was
opposed, and questioned why they were are continually harrassed
when annexation is so completely repudiated in the past years by
the people in the area. He was concerned about taxes being raised
and questioned the revenue of the city, where it came from and
how spent. He stated no doubt the City had very fine motives
but he as a property owner liked what he has and wanted to keep
what he has without giving the city a blank check.
Gordon Cutler, 8845 Ardendale, stated he had reviewed the posi-
tion of the City Council on the proposed annexation and talked
to a number of his neighbors. He felt most of the people are jus
opposed to change and are emotional. Temple City is a very new
city and naturally has to feel its way. They would have income
like any other contract city, you all know the source and where
the money goes. We would have a voice in the government of the
city, how spent and how much spent, if incorporated. He stated
he had been to the County and without a petition representing a
large number of people or large organization and indicating It
represents a number of voters they do not consider what is said.
He was very much in favor of annexation.
Mayor Tyrell asked if anyone else wished to speak in protest and
no one else came forward. In view of this fact Councilman Harker
moved the public hearing be closed, Councilman Beckley seconded,
and the motion was unanimously carried.
Mayor Tyrell stated this was not a public hearing as far as getti'
into the pros and cons and he hoped the people would have the
integrity to find out the facts. As far as the protests are con-
cerned the hearing is closed. He ordered the Council recessed
a few minutes while the Council Chambers are cleared.
8:45 P. M. The Mayor declared the Council reconvened.
PUBLIC HEARING: 7 :30 P. M. APPEAL FROM PLANNING COMMISSION DECISION:
Dorothy Fickes & DeLoss Van Alstine, Variance Case No. 66 -186
Mayor Tyrell declared the public hearing opened.
Planning Director'Dragicevich stated the property is located at
4823 -35 Heleo, that they were two adjoining lots who requested
a variance to develop into four parcels with the two rear parcels
not having frontage on a public street. There would be an ease-
ment for access. Subject property is rectangular, 177 ft. on
Heleo frontage, and depth of 252 ft., 44,600 sq. ft. Zoned R -1
7200 sq. ft. He explained two proposals the staff had recommender.
that would have a cul de sac with four parcels on a 40 ft. street;
or to include other adjoining lots for a larger development.
The Planning Commission felt either of the recommended plans
superior to the plan proposed by the property owners, as it would
establish a better development in the area. The property owners
rejected the proposals and as the Planning Commission denied their
variance request have now appealed to the City Council. Follow-
ing discussion by the Council Mayor Tyrell asked to hear from the
applicant.
Lou Gilbertson, 9232 Sparklett, spoke on behalf of the applicants.
He stated these deep lots cannot be fully utilized, and the owner
are being taxed on them and they are not worth as much to sell
unless tied into a zone variance agreement. Also a number of
such lots have been split in the past and developed. The peti-
tioners are eager to convert these lots. The development will be
an improvement of what exists, will upgrade the area, and result
in a larger tax revenue to the City following its. development.
He explained in full the proposal of the property owners, and
what would be involved if they considered the recommendations for
development proposed by the Planning Commission.
Mayor Tyrell referred to the statement that such an improvement
would effect an increase of taxes and advised it would not apply
to the city.
A lengthy discussion followed between Mr. Gilbertson, and the
Councilmen concerning the development, following which the Mayor
asked if anyone else wished to speak in favor of the appeal.
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Council Minutes, June 21, 1966, Page 4
The following people spoke in favor of granting the variance as
proposed by the property owners: Harry Mycroft- -4922 Heleo,
Mrs. Harry Mycroft -4946 Heleo, Mrs. Wm. Homick - -4843 Heleo, Bert
McDonald- -4851 Heleo, Velma Sorber - -4819 Heleo - -Wm. Van Alstine-
4823 Heleo, Mrs. Anthony Moshel - -4938 Heleo.
As no one else came forward to speak Councilman Clemson moved to
close the public hearing, Councilman Harker seconded, and the
motion carried unanimously.
Councilman Harker stated he was concerned with properties in the
city with the kinds of things as shown in pictures of the area
where easements were granted for access to rear properties, and
he felt the possibility of the cul de sac should receive a lot
of consideration, and he would prefer the cul de sac to private
driveways.
Councilman Beckley stated the four conditions in the zoning ordi-
nance for granting a variance. He felt he'd not be upholding the
laws of zoning ordinance if he agreed to grant this appeal. Also
that the people should get together and develop their properties
together which would provide them and the city with something
much better. The City needs cul de sacs in lieu of private street
and he felt back yard developments are the worst thing that has
happened to Temple City.
Councilman Clemson felt a cul de sac would be much better of
the proposal of including other properties would be a better over
all development. Back yard developments will tend to downgrade
rather than upgrade and he stated this area in this particular
case is going to have to change in time.
Councilman Merritt agreed with Councilman Beckley and he felt
the people in the area should get together and develop in an
orderly manner which would be much better than on an individual
basis and he felt this would be the answer to the development
of the area.
Mayor Tyrell stated if split the lots still have more than 7200
sq. ft. in each development and the rear would have a 20 ft.
minimum driveway back to it. He asked the City Attorney to stat€
the conditions of a variance.
City Attorney Martin stated the law is "no lots created that do
not have frontage on a public street." There is a special dis-
pensation called a variance granted only when the following con-
ditions exist:
1. the property myst be unique in topography or character-
istics, in general differing from all other property in
the area,
2. if the regulations of the ordinance impose a hardship
which must be one not contemplated by the ordinance but
which would constitute undue hardship,
3. would not damage neighboring property,
4. which is not inconsistent with general plan of the
City which requires all lots to have frontage on a
public street.
Mayor Tyrell said in this case he can see no hardship nor is the
property unique.
Following further discussion Councilman Harker moved to uphold
the decision of the Planning Commission without prejudice and
deny the appeal, Councilman Beckley seconded, and the roll call
vote to carry the motion was as follows:
AYES: Councilmen - Beckley, Harker, Merritt
NOES: Councilmen - Clemson, Tyrell
PUBLIC HEARING: CURB & GUTTER: 7 :30 P. M.
a. Lemon Ave., north side, Temple City Blvd. to Kauffman Ave.
Public Works Director Pizzorno presented the above petition for
curb and gutter and advised 81% of the front lineal footage had
signed the petition.
Mayor Tyrell '.opened the public hearing and asked if anyone wish
ed to speak for or against the installation and no one came for-
ward to speak.
Councilman Harker moved to close the public hearing, Councilman
Clemson seconded, and the motion carried unanimously.
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Council Minutes, June 21, 1966, Page 5
Councilman Merritt moved to find the project in public interest
and instruct the Supt. of Streets to cause the work to be done,
Councilman Clemson seconded, and the motion carried unanimously.
b. Hilton Ave., east side north of Broadway
The Public Works Director presented the above petition and advise
ed it contained 100% signatures of the property owners. The Mayo;
declared the public hearing opened and asked if anyone wished to
speak for or against and no one came forward to speak. Councilma,
Harker moved to close the public hearing, Councilman Clemson se-
conded and the motion was unanimously carried. Councilman
Merritt moved to find the project in public interest and instruc
the Supt, of Streets to cause the work to be done, Councilman
Harker seconded and the motion was carried unanimously.
c. Hilton Ave., west side north of Broadway.
Public Works Director Pizzorno advised the above petition was
signed by 100% of the lineal front footage of the property. He
advised there was a speciman cork oak tree and requested some
consideration be given to not removing this tree for this im-
provement. He advised a reverse curve could be made in the curb
and save the tree. The Mayor declared the public hearing opened.
and asked if anyone wished to speak for or against the installa-
tion.
George Conn, living on the corner of Broadway and Hilton, also
spoke requesting the tree be saved. No one else came forward
to speak. Councilman Clemson moved to close the public hearing,
Councilman Beckley seconded, and the motion carried unanimously.
Councilman Beckley moved to save the tree and to find the project
in public interest and instruct the Supt. of Streets to cause
the work to be done, Councilman Clemson seconded, and the motion
was unanimously carried.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 66 -178: 2nd read. relating to property nuisances
City Attorney Martin read title to Ordinance No. 66 -178 AN ORDI-
NANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE OF THIr
CITY BY THE ADDITION OF NEW ARTICLE 20 -A, SECTIONS 2350 - 2350.13,
RELATING TO PROPERTY NUISANCES. Councilman Beckley moved to
waive further reading of Ordinance No. 66 -178 and adopt, Council
man Clemson seconded, and the motion carried unanimously.
7. ORDINANCE NO. 66 -199: 2nd read. adding new Section 2715.1 to the
Temple City Municipal Code re tenure of all commissioners.
City Attorney Martin read title to Ordinance No. 66 -199 AN
ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 2715.1
TO THE TEMPLE CITY MUNICIPAL CODE. Councilman Clemson moved to
waive further reading of Ordinance No. 66 -199 and adopt, Council-
man Merritt seconded and the motion was carried unanimously.
8. ORDINANCE NO. 66 -200: 2nd read. relating to political signs
City Attorney Martin read title to Ordinance No. 66 -200 AN ORDI-
NANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION 4252 TO THE
TEMPLE CITY MUNICIPAL CODE RELATING TO POLITICAL SIGNS. Council-
man Merritt moved to waive further reading of Ordinance No. 66-
200 and adopt, Councilman Beckley seconded and the motion was
carried unanimously.
9. RESOLUTION NO. 66 -620: approving Calif. Disaster & Civil Defense
Master Mutual Aid Agreement
City Attorney Martin read title to Resolution No. 66 -620 A RE-
SOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVINE
THE CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID
AGREEMENT. Councilman Clemson moved to adopt Resolution No.
66 -620, Councilman Beckley seconded, and the motion carried un-
animously.
NEW BUSINESS:
10. PLANNING COMMISSION RECOMMENDATIONS:
a. Re Land Use Map: recommend a new land use map be provided as
soon as possible. Mayor Tyrell stated this should be con-
sidered as a budget item rather than at this time. This will be
considered at the next budget hearing.
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Council Minutes, June 21, 1966, page 6
b. Recommend amendments to the Zoning Ordinance re regulations
relating to minimum width driveway standards involving minor
land subdivisions.
c. Recommend amendments re regulations relating to day nurseries
in R -1 and R -2 zones.
d. Recommendation re dismantling of motor vehicles on "R" zoned
properties.
Councilman Merritt moved items b, c, and d be set for public
hearing on July 19, 1966, at 7:30 P. M., Councilman Clemson se-
conded and the motion was unanimously carried.
11. DOUBLE DRIVE MEDIAN ISLAND:
Public Works Director Pizzorno advised the engineers had inspect-
ed this installation and recommended payment of the maintenance
part of the contract. Councilman Clemson moved to accept the
work and authorize payment of $300. for the maintenance portion
of the contract, Councilman Merritt seconded, and the motion was
unanimously carried.
12. AGREEMENT: Cooperative agreement with State Division of Highways
for work to be accomplished on a state highway.
The Public Works Director requested the Council to approve this
agreement by minute order and that this agreement provides any
time any work is done the City will receive matching funds for
these items. It is a one time agreement and will cover all con-
struction. Councilman Merritt moved to approve and authorize the
Mayor and City Clerk to sign on behalf of the City, Councilman °
Clemson seconded and the motion was unanimously carried.
13. CHANGE OF LOCATION FOR FIREWORKS STANDS :
a. Temple City Nat'l. Little League, request change of locations
to next lot south of 5230 Rosemead Blvd.
Councilman Beckley moved to approve, Councilman Beckley seconded
and the motion carried unanimously.
b. The Church of the Latter Day Saints also requested a change
of location from 5815 to 6250 Rosemead Blvd. Councilman Beckley
moved to approve, Councilman Clemson seconded, and the motion wa .
unanimously carried.
14. RENEWAL OF PRISON HOSPITALIZATION AGREEMENTS:
City Manager Koski advised this was a renewal for five years of
the agreement we had with the County which expires on June 30,
1966, and that it had been reviewed by the City Attorney. Coun-
cilman Merritt moved to approve and authorize the Mayor and City
Clerk to sign on behalf of the City, Councilman Harker seconded,
and the motion carried unanimously.
15. RESOLUTION NO. 66 -622: temporary employees, Recreation Dept.
City ManagerKoski presented Resolution No. 66 -622 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY
EMPLOYEES. Councilman Harker moved to adopt Resolution No. 66-
622, Councilman Merritt seconded, and the motion carried unani-
mously.
16. RESOLUTION NO. 66 -621: Warrants & Demands
City Manager Koski presented Resolution No. 66 -62.1 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS
& DEMANDS IN THE SUM OF $7,319.52, DEMAND NOS. 8373 THROUGH 8407
Councilman Clemson moved to adopt - Resolution No. 66 -621, Council-
man Beckley seconded, and the motion carried unanimously.
17. COMMUNICATIONS:
a. report from Parks & Recreation Commission to the Council on
Live Oak Park facilities.
City Manager Koski recommended this report be considered in the
budget session to be held June 22 to which the Council agreed.
18. TIME FOR THOSE IN THE AUDIENCE '!HO WISH TO SPEAK:
Geo. E. Simmers, 8952 Callita, spoke to Mayor Tyrell stating he
felt he had cast aspersions on his integrity and education as
well as his neighbors and requested an apology. The Mayor states`
if it would make him happy that he would apologize to him and his
neighbors. This action was relative to the public hearing held
on proposed Annexation #11.
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Council Minutes, June 21, 1966, page 7
19. MATTERS FROM CITY OFFICIALS:
City Manager Koski stated he had an item relative to the settle-
ment on property the City is acquiring on Baldwin Ave. and re-
commended the Council have an executive session to consider this
The City Manager also presented Resolution No. 66 -623 A RESOLU-
TION OF THE CITY COUNCIL OF TEMPLE CITY DECLARING ITS INTENTION
TO CALL A SPECIAL ANNEXATION ELECTION AND FIXING A TIME AND
PLACE FOR PROTESTS BY PROPERTY OWNERS. He advised the petitions
had been certified and he recommended a public hearing be set fo;
July 7, at 7:30 P. M. Councilman Harker moved to adopt Resolutih
No. 66 -623, Councilman Merritt seconded, and the motion carried
unanimously.
City Attorney Martin requested authorization to publish on
July 7 the setting of the hearing for July 19th for the kennel
hearing following the recommendations presented by the Planning
Commission from their meeting of June 28. Councilman Clemson
so moved, Councilman Beckley seconded, and the motion was unan-
imously carried.
20. ADJOURNMENT: Councilman Merritt moved to adjourn to an executive
session immediately and a budget session on June 22., seconded and
carried unanimously. Next meeting of the City Council will be
a scheduled budget hearing on June 22, 1966, at 7:30 P. M. in
the Council Chambers, 593U Kauffman Ave., Temple City.
ayor
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