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HomeMy Public PortalAboutCity Council_Minutes_1966-07-19_Regular 1966C O U N C I L CiTY OF TEMPLE CITY, JULY 19, INITIATION: M I N U T E S TEMPLE CITY CALIFORNIA 1966 1. Mayor Tyrell called the regular meeting of the City Council to 2. order at 7 :35 p.m. City Manager Koski gave the invocation, 3. following which 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 Manager Koski, City Attorney Martin, Plan- ning Director Dragicevich. 5. APPROVAL OF MINUTES: a. Regular Meeting of July 5, 1966. Councilman Clemson moved to approve the Minutes of the regular meeting of July 5, 1966, as mailed, Councilman Merritt seconded, and the motion carried unanimously. b. Public Hearing of July 7, 1966. Councilman Beckley moved to approve the Minutes of the Public Hearing of July 7, 1966, Councilman Clemson seconded, and, there being no objections, the Mayor declared the Minutes approved. At this time the Mayor expressed the pleasure of the Council in taking part in the Sister City program, and requested Councilman Beckley to step to the podium. Mr. William Swain, President of the Sister City Committee, presented to Councilman Beckley a banner and an invitation to attend the Third .Annual Sister City Convention in Puebla, State of Puebla, Mexico. After thanking Mr. Swain on behalf of the City of Temple City, Councilman Beckley stated that he would leave the matter of his attendance In Puebla to his "cohorts ". There was considerable discussion regarding the value and cost of the City's participation in the Sister City Convention, and City Manager Koski stated that the cost of plane fare for one to Puebla would be about $130.00 and that the entire cost of the trip would be around $300.00, for which funds have been budgeted Councilman Merritt moved, seconded by Councilman Clemson, that the expenses for Mr. Beckley's trip to the Sister City Conven- tion in Puebla, Mexico, be covered and he be authorized to repre sent the Council, and the motion carried by the following vote: AYES: Councilmen - Clemson, Harker, Merritt NOES: Councilmen - Tyrell ABSENT: Councilmen -None ABSTAINING: Councilmen- Beckley 12. The Mayor stated that Agenda Item 12 would be taken out of order at this time. City Manager Koski presented Resolution No. 66- 638, "A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMPLE CITY INDICATING NO CITY TAX RATE FOR THE FISCAL YEAR 1966 -67," and commented that this was the sixth time the City has set the "no tax rate" and the credit goes to the elected City officials. Mayor Tyrell added that this resolution was required by law to be filed, whether or not there was a tax rate. Councilman Merritt moved to approve Resolution No. 66 -638, seconded by Councilman Harker, and unanimously carried. UNFINISHED BUSINESS: 6. a. RESOLUTION NO. 66 -633: Finding no majority protest in Annexation No. 11 to the City of Temple City. City Attorney Martin presented and read title to Resolution No. 66 -633: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMPLE CITY FINDING NO MAJORITY PROTEST IN RE ANNEXATION NO. 11. Coun- cilman Merritt moved to adopt, seconded by Councilman Harker, and the motion carried unanimously. 928 Council Minutes of July 19, 1966 Page Two c. RESOLUTION NO. 66 -634: Finding no majority protest in Annexation No. 12 to the City of Temple City. City Attorney Martin read title to Resolution No. 66 -634: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY FIND- ING NO MAJORITY PROTEST IN RE ANNEXATION NO. 12. Councilman Clemson moved, seconded by Councilman Beckley, that said resolu- tion be adopted, and the motion carried unanimously. b. RESOLUTION NO. 66 -635: Calling Special Election on Septem- ber 13, 1966, pertaining to Annexation No. 11 to. the City of Temple City. Mayor Tyrell read title to Resolution No. 66 -635: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALLING A SPECIAL ELECTION TO BE HELD ON THE 13TH DAY OF SEPTEMBER, 1966, PERTAIN- ING TO THE ANNEXATION OF "ANNEXATION NO. 11" TO THE CITY OF TEMPLE CITY. Councilman Harker moved to approve Resolution No. 66 -635, Councilman Merritt seconded, and, there being no objec- tions, the Mayor declared the motion carried. d. RESOLUTION NO. 66 -636: Calling Special Election on Septem- ber 13, 1966, pertaining to Annexation No. 12 to the City of Temple City. Mayor Tyrell read title to Resolution No. 66 -636: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CALLING A SPECIAL ELECTION TO BE HELD ON THE 13TH DAY OF SEPTEMBER, 1966, PERTAIN- ING TO THE ANNEXATION OF "ANNEXATION NO. 12" TO THE CITY OF TEMPLE CiTY. Councilman Beckley moved, seconded by Councilman Merritt, to approve Resolution No. 66 -636, and the Mayor announ- ced the motion carried in the absence of any objections. Mayor Tyrell mentioned that Annexation No. 11 and No. 12 were set for concurrent elections on September 13. 7. PUBLIC HEARING: Re Day Nurseries in R -1 and R -2 zones. The Mayor announced that the public hearing was opened and re- quested Planning Director Dragicevich to explain the recommenda- tions of the Planning Commission with regard to Day Nurseries, their recommendation No. 66- 205PC. Mr. Dragicevich briefly stated that it was recommended that the zoning ordinance be amended to permit three (3) unrelated children to be cared for In R -1 and R -2 zones, provided that the total children, includ- ing those of the family, may not exceed six (6). There was considerable discussion of the effect of additional children in R -1 and R -2 zones as to whether or not this was violating the no- buslress principles and adding to the noise in residential areas. Most felt that since a family could have any number of children, one or two extra ones which a mother is keep - ing to make a few dollars will not make much difference. Coun- cilman Clemson wondered if there should not be some guidelines set up re hours and days when child care might be permitted. Mayor Tyrell asked if anyone in the audience wished to speak in favor of the proposed ordinance amendment, and there being none, he then inquired if anyone wanted to speak against. Mr. Dick Bruckman, 9722 East Longdon, stated that he was against the proposed amendment because it did not provide for any kind of regulation for the health and welfare of children to be kept in day nurseries. He did not believe that all parents could be depended upon to investigate the home in which they left their children and felt that it was the duty of the City to regulate such homes for child care. A general discussion pointed to the complexity of administering regulatory programs, and all felt that some further study was required. No one else coming forward to speak, Councilman Harker moved to close the pudic hearing, seconded by Councilman Beckley, and unanimously carried. It was moved by Councilman Clemson seconded by Councilman Mer- rit, that the matter of day nurseries be referred back to the 929 Council Minutes of July 19, 1966 Page Three Planning Commission for further study and recommendations to the Council. PUBLIC HEARING: re Required Driveways in Lot Splits. The Mayor opened the public hearing and Councilman Merritt stated that the Planning Director had requested this matter be referred back to the Planning Commission before the City Coun- cil considered it, and he moved to close the hearing and send the matter back to the Planning Commission. Councilman Clemson seconded, and the motion carried by the following vote: AYES: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None PUBLIC HEARING: re Dismantling of Motor Vehicles on R zoned proper- ties. The public hearing was declared opened, and Planning Director Dragicevich was requested to present the basic facts, which were that the proposed ordinance would prohibit the dismantling of motor vehicles in R -1 zones unless done behind a 6 -ft. high wall or solid fence or in an enclosed building. A vehicle which was disabled on the street could be worked on for four hours daily but not permitted to be stored on the street longer than 72 hours. The proposed ordinance would not become effective for six months in order to permit people to get acquainted with it and have a chance to repair their vehicles, but it was the con- sensus of the Council that three months was sufficient time. There being no one in the audience who wished to speak on the matter, Councilman Beckley moved, seconded by Councilman Harker, that the public hearing be closed and the City Attorney be instructed to include this matter in the code. The motion carried unanimously. PUBLIC HEARING: re Recommendations regulating use of kennels, vete- rinary operations and small animal hospitals. The public hearing was opened by a presentation from Planning Director Dragicevich of the Commission's recommendation that the ordinance be amended to include the services of an acoustical engineer. He stated that the proposed ordinance was divided into two parts dealing with the operation and maintenance of kennels on the one hand and zoning regulations on the other. The Planning Commission feeling was that there should be stan- dards set up, and business licenses required for kennels or small animal hospital operations. In connection with the noise measurements, Mr. Dragicevich stated the City contacted Charles Nichols, of Nichols Acoustical Measurement Co., and together they had checked the noise levels at various kennels. Letters were read from the California Veterinary Medicine Asso- ciation and Don Mahan asking that action on this be deferred to a later time as there is a matter of preemption by the State which needs to be clarified first. When the Mayor requested anyone in favor of this ordinance to come forward, Mr. Norman Oliver, 611 Sunset Blvd., Los Angeles 12, stated that he was speaking on behalf of the kennel owners and operators of Temple City and he would consider himself a proponent although he did disagree with some of the recommenda- tions. He spoke at length regarding the difficulties of measur- ing noise, particularly since the barking of dogs varies con- siderably in pitch and intensity as well as from time to time. He went along with the suggestion that some standards should be developed before the Council took final action. He suggested that perhaps noise level should not be measured from the kennel walls, or even within five feet, but rather at the source of the complaint. He called special attention to the difficulties experienced by the City of Chicago when it tried to develop some ambient standards for control of noise. it was also his opinion that the new nuisance ordinance can be invoked in cases of excessive noise. He felt that kennel owners were discrimi- nated against unless controls were also set up on other noise - making concerns, such as the manufacturers. He stated he was against item 4, and the portion of item 10 relating to 4. 930 Council Minutes of July 19, 1966 Page Four Mrs. Barbara Dunham, 9425 Gidley, stated that she was very much in favor of the ordinance with the same exceptions noted by Mr. Oliver. She said she was well aware of what was meant by the noise from a 20,000 -1b. punch press, since there was one operat- ing across the street until 1:00 and 2:00 a.m., and that the quiet hours are more likely to be the daytime hours and that no one goes to sleep before 12:30. Joe Waterman, 4943 Encinita, stated that he raised Beddington terriers but that the higher reading obtained by Mr. Nichols came from some little dachshunds and actually the reading was taken at a quieter time of day. He suggested that further study might be helpful in determining whether the most noise came from the dogs or from the types of businesses on Encinita. Mr. Conrad Dratwa, who resides on Cloverly, said that he went along with Mrs. Dunham regarding the punch presses and that the dogs did not bother him. He spoke in favor of the present pro- posal except for the 6 -ft. high block wall completely around kennels, saying he had lived in the area a year and until a wail was built around the kennel nearby, he was unaware that it even existed. At this point Mayor Tyrell said he would like to clarify one thing. He had worked a punch press and it was not noisy, but most likely what the people were hearing was some type of drop hammer or similar machine, which could be quite loud. Paulk H. Stahlheber, 9033 E. Rancho Real Rd., wanted to know if Temple City was expecting an influx of dogs and if this was why everyone was trying to get the restrictions lowered. Mayor Tyrell assured him this was not the case, and Mr. Stahlheber said he had had good relations with the kennel owners but was wondering why so much objection to these standards. There was considerable further discussion of the need for more study, taking of more readings, and setting up of standards. Councilman Beckley moved that the public hearing be continued to August i6, 1966, at 7:30 p.m. Councilman Clemson seconded the motion, which carried by unanimous vote. After discussion of the procedure of sending a matter back for further recommendations, Councilman Beckley moved than the City Council plan a joint study session with the Planning Commission on the kennel matter before the next public hearing, which motior was seconded by Councilman Harker and unanimouseiy carried. Mayor Tyrell suggested the matter be set for joint study session on August 1, 1966, and Councilman Merritt moved to so set, seconded by Councilman Beckley, and the Mayor declared the motlor carried in the absence of any objections. Further discussing the -Noise angle, Mayor Tyrell said it might be a good idea to have a decibel check made for a 24 -hour periods. and City Manager Koski agreed to go into the matter of costs of the acoustical engineer and outlining standards for noise. Coun. Gilman Merritt mentioned that the City has a nuisance ordinance which can be used to abate noise. PUBLIC HEARING: re Dr. Jobe, Petition re Temple City Animal Hospital, City Attorney Martin stated that this long- standing matter . had been deferred until the Planning Commission had completed its recommendations with regard to the kennels matter, and asked whether the Council wanted to hear the matter or defer it again in view of the preceding action. There was considerable discus- sion between the Councilmen and Mr. William Laslaven, attorney for Dr. Jobe, and the consensus was that such standards as were set for kennels and small animal hospitals at a later date could possibly nullify whatever work Dr. Jobe might do in the meantime to comply with recommendations after a hearing. In view of the fact that Mr. Laslaven had stated he would be on vacation on August 16 and Dr. Jobe would be away on September 6, Councilman Merritt moved to continue the public hearing to September 20, 931 Council Minutes of July 19, 1966 Page Five 1966, at 7:30 p.m. Hearing no objections to the motion, wi c was seconded by Councilman Beckley, the Mayor announced it ordered. 8. COMMUNITY RECREATION AGREEMENT: between City and Temple C4 ;Y Unified School District for 1966 -67 fiscal year. City Manager Koski presented the matter and stated that the City Attorney had clarified the status of employees as to liability and had revised the agreement in accordance with the desires of the Council. Councilman Merritt moved, seconded by Councilman Harker, to authorize the Mayor and City Clerk to sign the agree- ment on behalf of the City. The motion carried unanimously. NEW BUSINESS 9. TRAFFIC'COMMISSION RECOMMENDATIONS: Item 6 - recommend placement of additional reflectors on Las Tunas Dr., both sides of center section west of Sultana. Ave. and westerly of Rosemead Blvd. to Muscatel Ave. City Manager Koski made the presentation, Councilman Beckley moved to adopt this recommendation, seconded by Councilman Merritt, and unanimously approved. Item 7 - recommend double center line on Reno Ave. offset extend- ing north of Las Tunas Dr. for 145 feet, and place white cross- walk with word "Stop: in advance across Reno Ave. at north line of Las Tunas Dr. Presented by City Manager Koski. Councilman Clemson moved, seconded by Councilman Merritt, to approve. The motion carried unanimously. Item 8 - recommend restricted parking, South Parking Lo. at Live Oak Perk. City Manager Koski presented the recommendation. The motion by Councilman Clemson, seconded by Councilman Beckley, to post signs reading "No Public Parking 2 A.M. to 5 A.M. on the southerly lot at Live Oak Park, was unanimously carried. Item 9 - recommend restricted parking by red curb markings Temple City Blvd. and Workman Ave. - 25 ft. on south side of Workman Ave. immediately west of Temple City Blvd., 25 ft. on east side of Temple City Blvd. south of Workman Ave., and 10 ft, on south side of Workman Ave. immediately east of Temple City Blvd. City Manager Koski made the presentation. After discussing that these red curb markings were for the protection of pedes- trians, Councilman Harker moved to approve the recommendation and Councilman Beckley seconded the motion, which carried unanimously. Item 10 - recommend posting a "Not a through street" sign at Willmonte Ave. and Miloann St. Presented by City Manager Koski. The motion to approve the recommendation was made by Councilman Merritt, seconded by Coun- cilman Clemson, and passed unanimously. 10. AGREEMENT: between City and County Dept of Parks and Recreation for recreation program whereby County pays City $2250.00 for recreation programs on school grounds. City Manager Koski presented the matter, stating that it was a renewal and the same as in previous years. Councilman Clemson questioned the figure and was told that this was historicly set by the County as the amount it could pay but that the City does pay additional amounts in order to have uniformity in program- ing. Councilman Harker moved, seconded by Councilman Merritt, to approve continuation of this agreement and the Mayor be authorized to sign, and it was unanimously approved. 11. RESOLUTION NC. 66 -637: Warrants and Demands. City Manager Koski read title to Resolution No. 66 -637, A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS iN THE SUM OF $14,921.71, DEM�,NDS NOS. 8469 THROUGH 8494 AND 8497 THROUGH 8541. Councilman Beckley moved to adopt Resolution No. 66 -637, Councilman Clemson seconded, and the motion was carried unanimously. 932 Council Minutes of July 19, 1966 Page Six 13. PUBLIC HEARING TO BE SET: re Clarification of Section 503 of Zoning Ordinance pertaining to R -2 zoning. The Mayor recommended that public hearing be set on August 2, 1966, at 7 :30 p.m. regarding this matter pertaining to R -2 zon- ing. Councilman Harker moved to approve the recommendation to set a public hearing on August 2, 1966, at 7 :30 p.m., re Clari- fication of Section 503 of coning ordinance pertaining to R -2 zoning, Councilman Clemson seconded, and the motion carried unanimously. City Attorney Martin stated that he had been requested to pre- pare an urgency ordinance on the above matter, and he proceeded to read title to ORDINANCE NO. 66 -203, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY AMENDING CERTAIN ZONING REGU- LATiONS APPLICABLE TO PROPERTIES ZONED R -2 (Urgency Ordinance). He then suggested that Planning Director Dragicevich justify to the Council the need for the urgency ordinance. Mr. Dragicevich stated that two applications were pending and the R-2 zoning should be clarified before permits were issued. After further discussion Councilman Harker moved to waive further reading and to adopt Ordinance No. 66-203, Councilman Beckley seconded, and the motion passed by the following vote: AYES: Councilmen - Beckley, Clemson, Harker, Merritt, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None 14. BALDWIN AVE. CONSTRUCTION: award of contract. City Manager Koski presented an outline of bids on a summary sheet, stating it was, of course, recommended to accept the low bid of the Sheets Construction Co. He then called upon Mr. Ray Lewis, of Krelle & Lewis, engineers, to present further facts, which he did, stating that the bids ran from the low one of $183,671.50 to a high of $210,837.06. Mr. Lewis also stated that Sheets Construction Co. was a well established, recognized firm owned by Esther Sheets, J. J. Mahoney and C. A. Zinc, and that the firm had recently completed several large jobs. After a discussion of time for completion and penalty clauses, Coun- cilman Merritt moved to award the bid to the low bidder, Sheets Construction Co., and authorize the Mayor and City Clerk to sign on behalf of the City. The motion was seconded by Council- man Harker and carried unanimously. City Manager Koski presented a contract between the City and Krelle & Lewis for engineering services to be performed in con- nection with the work of construction on Baldwin Ave. The breakdown was as follows: .Construction survey and staking, 30 days @ $196.00 per day, $5,880.00; Office Engineering, $1,125.00; Construction survey inspection, 18 weeks @ $340.00 per week, $6,120.00; for a total of $13,125.00. Mr. Lewis emphasized that these figures were estimates and the City would be charged only for the actual number of days necessary to perform the work. City Manager Koski stated that sufficient money was in the budget to cover both the actual work and the engineering services re- quired. Councilman Beckley moved to approve the engineering contract with Krelle & Lewis and authorize the Mayor and City Clerk to sign on behalf of the City. Councilman Clemson seconded, and the motion carried unanimously. 15. COMMUN 1 C:T I ONS : a. City Manager Koski presented a letter from the Temple Shop- ping Center Association requesting permission to hold a sidewalk sale on August 19, 1966, together with permission to hang ban- ners on overhead lines on Las Tunas Dr. and Temple City Blvd. and restricted parking for the one day. There was considerable discussion regarding the need for the "no Parking" on Temple City Blvd. and some comments on the effect of the sidewalk sales on persons driving through the City for the first time. It was the consensus that the matter should be referred to the Traffic Commission for study and that the Council would have to approve by putting the matter in the circulate file or at a study ses- sion. Councilman Beckley suggested that the City Manager check with the Association to have some of the members at the Traffic CommissicA meeting on Augus : 3 to present their ideas. 933 Council Minutes of July 19, 1966 Page Seven b. The City Manager presented a request from "Pop" Gunst for permission to sell to local merchants advertising to be displa- yed in the circus tent at the carnival to be held the last week- end in August. There was some discussion about the ordinance which prohibits advertising in the City parks, but the City Manager felt that there had been some change made in the ordi- nance which did permit it and he was instructed to research the matter, which the Council will take up at a later time. 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK. No one came forward to speak. 17. MATTERS FROM CITY OFFICIALS: a. City Attorney Martin stated that he had been requested to prepare a Resolution, and he read title to RESOLUTION NO. 66- 639, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EULOGIZING WILLIAM H. PARKER, CHIEF OF POLICE OF THE CITY OF LOS ANGELES. After several comments regarding Chief Parker's great work in favor of law and order, Councilman Beckley moved, seconded by Councilman Clemson, to approve Resolution No. 66- 639, and the motion was adopted unanimously. BALDWIN !,VENUE ACQUISITIONS. City Attorney Martin presented a chart of settlement offers for acquisition of 40 parcels of property on Baldwin Ave. Council- man Clemson moved to approve the acquisitions, seconded by Councilman Merritt, and upon hearing no objections, the Mayor stated it was so ordered. City Manager Koski requested permission to draw a check for $360.00 to cover the estimated cost of postage for a newsletter in process of being addressed. Councilman Merritt moved to approve this amount for postage, seconded by Councilman Clemson, and so ordered by the Mayor in the absence of objections. City Manager Koski recommended the reappointment of Betty Martin as Parking Commissioner for two years, from June 26, 1966, to June 25, 1968. Councilman Clemson moved, seconded by Councilman; Harker, that Betty Martin be reappointed to the Parking Commis- sion for a term of two years. The motion carried unanimously. City Manager Koski presented the matter of curbs and gutters for Broadway on the south side from Cloverly to Encinita, stating that two petitions had been received: Broadway, north side, Encinita to Hilton, 100 %; Broadway, north side, Hilton to Alessandro, 85.85 %. He stated he felt the matter should be ex- pedited to permit the residents to arrange with the contractor on the south side curbs to put in the ones on the north side at the same time. Councilman Merritt moved, seconded by Councilman Harker, to set a public hearing on curbs and gutters for the north side of Broadway, between Encinita and Alessandro, on August 2, 1966, at 7:30 p.m., and the motion carried unanimously. Councilman Harker asked whether the dues for the League of Cali- fornia Cities had been paid, and the City Manager said he would check to see. There was further discussion auditor's verifica- tion of the $130 dues owing to SCAG, and it was decided to leave the matter open for the present. Mayor Tyrell presented a Proclamation in support of the United Way campaign. Councilman Merritt moved to authorize the Mayor to sign said Proclamation, seconded by Councilman Beckley, and unanimously approved. Council adjourned at 10 :30 p.m. to a regular meeting on August 2, 1966, at 7:30 p.m. in the Council Ch ers of '-h'e City Hall, 5938 N. Kauffman Ave., Temple City. ATTEST: City erk 934