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HomeMy Public PortalAboutCity Council_Minutes_1966-07-05_Regular 1966C O U N C I L M E E T I N G CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA JULY 5, 1966 INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7 :40 P. M. Rev. Olin Ivey, Associate Pastor of the 2. Methodist Church, Golden West Ave., gave the invocation, follow- 3. ing which Mayor Tyrell led the Pledge of Allegiance to the Flag. Mayor Tyrell at this time welcomed Mr. Bob McAlister who was present with a group of students attending a summer civics class at Temple City High School. 4. ROLL CALL: PRESENT: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Attorney Martin, Director of Recreation Kobett, and City Manager Koski. Also Atty. Wm. Kramer of O'Melveny & Myers, attorneys for Parking Dist. #4. 5. APPROVAL OF MINUTES: a. Regular Meeting of June 21, 1966. The Deputy City Clerk corrected the minutes of June 21, 1966, on page 1 under "ALSO PRESENT" adding "City Manager Koski ". Also on page 2 paragraph 7 should read from a "Tax assessor from Pasadena." Councilman Harker moved to approve the minutes of the regular meeting of June 21, 1966, as corrected, Councilman Merritt seconded, and the motion carried unanimously. b. Adjourned Budget Meeting of June 22, 1966. Councilman Clem- son moved to approve the above minutes of June 22, 1966, Coun- cilman Harker seconded, and the motion carried unanimously. c. Adjourned Meeting of June 30, 1966. Councilman Merritt moved to approve the minutes of the adjourned meeting of June 30, 1966, Councilman Harker seconded, and the motion carried un- animously. PUBLIC HEARING: 7:30 P. M. ASSESSMENT HEARING PARKING DISTRICT NO. 4. Mayor Tyrell announced: "The hour of 7:30 o'clock P. M. having arrived, this is the time and place fixed for the hearing on the assessment filed in the matter of Vehicle Parking District No. 4 of the City of Temple City. The City Clerk presented the affidavits of mailing and publica- tion of notice of filing the assessment and also the assessment roll to the City Council. Mayor Tyrell received the above docu- ments for the Council. Attorney Kramer, of O'Melveny & Myers, explained in full the pro- cedure of the public hearing. He also gave in detail the forma- tion of the district and advised the final costs and expenses of the project have been determined and the Supt. of Streets has had an assessment for these costs prepared and set for public hearing at this time. The question before the Council is whether or not this assessment has been spread fairly and in proportion to the benefits to be derived. Mayor Tyrell swore in the Superintendent of Streets who testifies' that the assessment wes prepared and spread under his direction by Engineers Krelle & Lewis, and that in his opinion the assess- ment has been spread upon the lands in the district in proportic to the benefits to be derived from the proposed acquisition and improvement. Mayor Tyrell swore in Ray Lewis, Engineer of Krelle & Lewis, who explained the method of spreading the assessment and that in his . opinion the assessment has been spread upon the lands subject to assessment in proportion to the benefits derived from the propos- ed acquisition and improvement. He stated the qualifications of the firm and advised he is prepared to comment upon any points raised in written or oral protests or any other questions asked by the Council or by persons in the audience. 919 Council Minutes, July 5, 1966, page 2 City Clerk Koski stated he had received " "only ;one written protest which he read in full from John and Mae Pettit, who approved the parking district but felt the amount of the assessment on their lot #128 was too high. Their residence address is 2734 Logan - rita, Arcadia. Mayor Tyrell asked if these protestants were present and desired to speak orally in support of their protest. They were not pre- sent. He then asked if any person present wished to make an oral protest and no one came forward to speak. The Mayor then asked if anyone present wished to`Ie heard in connection with this assessment and no one came forward to speak. Attorney Kramer requested Engineer Lewis to comment on Lot #128. Engineer Lewis explained the boundaries of the district and ad- vised all 25 ft. lots including #128 were assessed the same. amount of $3156,15 numbering 1 through 13, and number 14 which is a 45 ft. lot was assessed $5681.05. He explained the original estimated amount of assessment was approximately $2800. but due to higher acquisition costs the assessment amount was increased. He stated notwithstanding the protest he felt the assessment on Lot #128 was a fair amount and represents proportionate benefits. Following discussion Councilman Harker stated in view of only one protest he moved that all protests and objections, both written and oral, made or filed in connection with the assessment filed in the matter of Vehicle Parking District No. 4 be and the same hereby are overruled and denied, Councilman Beckley seconded and the motion was carried by the following roll calf vote: AYES: Councilmen- Beckley, Clemson, Harker, Merritt, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None City Attorney Martin read title to Resolution No. 66 -631 A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIL. MAKING DETERMINATIONS AND CONFIRMING ASSESSMENT IN MATTER OF VEHICLE PARKING DISTRICT NO. 4 OF SAID CITY. Councilman Merritt moved to adopt Resolution No. 66 -631, Councilman Harker seconded; and the motion was carried by the following roll call vote: AYES: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 6. RESOLUTION NO. 66 -624: confirming decision of the Planning Com- mission and denying a variance, Case #66- 168 = Fickes & VanAlstine City Attorney Martin read title to Resolution No. 66 -624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CON - FIRMING RESOLUTION NO. 66 -203PC OF THE PLANNING COMMISSION AND DENYING A VARIANCE. Councilman Beckley mov0d°s tt, adopt-Resolution No. 66 -624, Councilman Harker seconded, roll call vote to carry the motion as follows: - AYES: Councilmen: Beckley - Harker - Merritt NOES: Councilmen: Clemson-Tyrell NEW BUSINESS: 7. RESOLUTION NO. 66 -630: re annexation to County Lighting Mainten- ance District #1395. City Manager Koski advised this pertains to new lights to be in- stalled midblock from Baldwin to Glickman on Live Oak Ave. He read title to Resolution No. 66 -630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING CONSENT AND JURISDIC- TION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHT- ING MAINTENANCE DISTRICT N0. 1395. Councilman Merritt moved to adopt Resolution No. 66 -630, Councilman Clemson seconded, and the motion carried unanimously. Councilman Merritt commented that these midblock lights are not to be misconstrued with the corner section lights that the City has installed without cost to the taxpayer and which is paid fror;. general funds. 8, PLANNING COMMISSION RECOMMENDATIONS: a. recommend zone change classification, Roseglen St., Lots 1 through 7, north side to A -1 -7200 from M -1, south side to R -1 -7200 from M -2. 920 Council Minutes, July 5, 1966, -page 3 b. recommend requiring conditional use permit for service sta- tions and drive -in restaurant uses. c. recommend regulations to be made applicable to kennels, small animal hospitals and veterinarians. Councilman Clemson moved that items a and b be set for public hearing on August 2, 1966, at 7:30 P. M., Councilman Merritt seconded, and the motion carried unanimously. Councilman Merritt moved that item c be set for public hearing on July 19, 1966, at 7:30 P. M., Councilman Clemson seconded, and the motion was unanimously carried. City Manager Koski recommended to the Council that an acoustical engineer be consulted to assist the staff regarding the decibels of sound for additional information that will be a key part of the deliberation at the public hearing on kennels. He advised Dr. Jobe has secured such services from a sound engineer and the staff is seeking assistance in sound measurements which is part of the Planning Commission recommendation, and will have names for recommendation on Thursday at the Council Meeting. The file will be placed in the Agenda file for Council considera- tion. 9. RESOLUTION NO. 66 -625: Requesting allocation of $33,257. from County Aid to Cities Fund City Manager Koski presented and read title to Resolution No. 66- 625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REQUESTING AN ALLOCATION OF $33,257.00 FROM COUNTY AID -TO- CITIES FUNDS FOR ORDINARY MAINTENANCE FUNCTIONS ON SELECT SYSTEM STREETS WHICH INCLUDE PATCHING, RESURFACING, SEALING, SWEEPING, SIGNING, STRIPING, MARKING, AND THE MAINTENANCE OF TRAFFIC SIGNALS INCLUD- ING THOSE SHARED WITH THE STATE DIVISION OF HIGHWAYS, AND REQUES- ING THE TRANSMITTAL OF FUNDS. Councilman Clemson moved to adopt Resolution No. 66 -625, Councilman Harker seconded, and the motior was carried unanimously. 10. RESOLUTION NO. 66 -627: re temporary employees recreation dept. City Manager Koski presented Resolution No. 66 -627 A RESOLUTION OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY EMPLOYEES. Councilman Merritt moved to adopt Resolution No. 66 -627, Council- man Harker seconded, and the motion was unanimously carried. 11. RESOLUTION NO. 66 -623: transferring petty cash City Manager Koski read title to Resolution No. 66 -628 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TRANSFERRING THE PETTY CASH FUND. Councilman Harker moved to adopt Resolutior No. 66 -628, Councilman Clemson seconded, and the motion was un- animously carried. 12. RESOLUTION NO. 66 -626: Warrants & Demands City Manager Koski read title to Resolution No. 66 -626 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $30,168.66 DEMAND NOS. 8409 THROUGH 8463, Councilman Clemson moved to adopt Resolution No. 66 -626, Councilman Beckley seconded, and the motion was carried unanimously. 13. COMMUNITY RECREATION AGREEMENT: between City and Temple City Unified School District for fiscal year 1966 -67. Director of Recreation Kobett presented the Recreation Agreement between the City and the Temple City School District for the fiscal year 1966 -67 which is processed annually. Several items in the format of the agreement were discussed concerning school bus transportation and school buses and the City liability. Following discussion Councilman Merritt moved this item be con- tinued to the next meeting for changes to be made, Councilman Clemson seconded and the motion carried unanimously, 14. TEMPLE CITY IMPROVEMENT DISTRICT NO. 4: GREEN STREET The City Manager advised this improvement is completed and a public hearing should be set for the assessment spread. Councilman Harker moved a public hearing be set for August 2, 1966, at 7:30 P. M., Councilman Merritt seconded, and the motion was unanimously carried. 921 Council Minutes, page 4, July 5, 1966 15. COMMUNICATIONS: None were presented at this time. 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Jacob Gunst, 4929 Heleo, stated he made application for a permit to hold a circus and carnival the last weekend in August, simil- ar to the one held last summer. This is to benefit the fund for a community center and the request was for the use of Live Oak Park. They wish to advertise, solicit for tickets, and arrange for the concessions, rides, etc. Director of Recreation Kobett advised there was no conflict in the use of the Park. Discussion followed regarding use of power lines and grass damage. When used two years ago there was no problem with the grass and the power lines were surface laid covered with rubberized matting. The Mayor stated this would be contractual subject to bonds and insurance which would be subject to the approval of the City Attorney. The City Manager also felt the set up of the carnival, etc, should be made so inspection could be made and necessary changes made prior to time of opening. Mr. Gunst requested that he be advised how long ahead it must be done and this will be put into the contract. He advised the request is for a five year permit is to allow the group to have a continuing applica- tion to carry this on each year. Councilman Beckley moved to approve the application subject to approval by the City Attorney of the bonds, contracts, and liability insurance, Councilman Merritt seconded, and the motion carried unanimously. No one else came forward to speak at this time. 17. MATTERS FROM CITY OFFICIALS: Councilman Beckley referred to the meeting of Councilmen in Monterey, and advised . that in Fresno about 80% of the parks are in association with the schools and he suggested the City Manager contact them and get the details regarding this type of contract they have with the schools for the Council to consider. Also possibly contact the League to find out if there were other loca- tions where this type of information was available. Councilman Clemson stated there were a lot of other things that might be interesting to the Council and Councilmen Beckley and Clemson will get a report for Council consideration for the next study session. City Manager Koski presented an application from the Temple City De Molay for July 9 for a car wash at Rays Standard Station. Councilman Merritt moved to approve, Councilman Harker seconded, and the motion carried unanimously. The City Manager presented a request from the Traffic Engineer for permission to attend a Traffic Engineers Seminar in Sacra- mento at an estimated cost of $80. to be shared with So. El Monte. Following discussion regarding the City paying expenses for a County employee, and the fact that he also is Traffic En- gineer for Duarte & Rosemead, it was felt the City should only consider 25% of the expense. This seminar is July 11, 12 and 13. It was suggested a committment from the C.A.O. office of the County be requested as to just what their policy is for this type of thing. Following further discussion Councilman Merritt moved that on this particular case the Council approve the 25% ■ of $80. as suggested, and request a statement from the County, also that the Traffic Engineer submit a report to the Traffic Commission and Parking Commission, and that this approval not establish a precedent, Councilman Beckley seconded, and the motion carried unanimously. City Manager Koski presented Resolution No. 66 -632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS & DEMANDS IN THE SUM OF $1,787.25, DEMAND NO. 114, ACQUISITION AND IMPROVEMENT FUND FOR VEHICLE PARKING DISTRICT NO. 2. Councilman Harker moved to adopt Resolution No. 66 -632, Councilman Beckley seconded and the motion carried unanimously. The City Manager presented a letter from the property owners on Camellia adjacent to the temporary parking lot requesting the wall be constructed prior to the improvement of the parking lot. He requested approval of a contract with Fred Johnson in San Gabriel in the sum of $385. to construct the wall which would be 922 1 1 Council Minutes, July 5, 1966, page 5 6 ft. high with the normal amount of steel. This will be paid for by parking district funds which are available. Following consideration Councilman Clemson moved to approve and cause the work to be done, Councilman Harker seconded, and the motion was unanimously carried. The City Manager presented the proposal from McDonald's Drive -in and as Mr. Guerney was not present advised he would put it on the next agenda. The City Manager recommended the City purchase a booklet of various publications summarized by the League of Calif. Cities re programs available to cities, which would aid local governmen There are 93 programs available and he recommended the purchase in the amount of around $20. as he felt the City should have this to review and be familiar with. Councilman Beckley moved to approve, Councilman Clemson seconded, and the motion carried unanimously. Reference was made to material in the Council files concerning the noise of motorcycle mufflers. The City Attorney advised the City was preempted by the state law, but that citations may be issued for speed contests or exhibitions, but for noise the state law states manufactured mufflers are adequate for all pur- poses. The letter of complaint will be referred to the Traffic Commission with information that the matter may be subject to preemption. Mayor Tyrell referred some Sister City correspondence to Council man Beckley for consideration as he is the Council representative to this Committee. 18. ADJOURNMENT: Councilman Harker moved to adjourn to an adjourned meeting on July 7, 1966, at 7:30 P. M. for the public protest hearing on proposed Annexation #12, Councilman Merritt seconded and the motion was carried unanimously. Council adjourned at 9 P. M. ATTEST: r City C e yor 923