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HomeMy Public PortalAboutCity Council_Minutes_1966-08-02_Regular 1966C O U N C I L M I NUT E S CITY OF TEMPLE CITY TEMPLE CITY, CALIFORNIA AUGUST 2, 1966. INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to 2. order at 7:35 p.m. The Rev. Mr. Robert L. Firl, Pastor of the 3. Temple City Brethern Church, 5537 Temple City Blvd., Temple City, gave the invocation, following which the Pledge of Alle- giance to the Flag was led by Mayor Tyrell. 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, Public Works Director Pizzorno, Recreation Director Kobett, Adm. Assistant Recupero, and County Engineer Robert M. Moller. 5. APPROVAL OF MINUTES: Regular Meeting of July 19, 1966. Councilman Beckley questioned whether the Minutes reflected tha4 . the expenses of his forthcoming trip to Puebla, Mexico, would be limited to $300.00 or paid in full. City Attorney Martin clari- fied the matter by pointing out that the motion was "...the expenses...be covered..." Councilman Merritt stated that in line 4, second paragraph, item 7, regarding Day Nurseries, the word "Most" was incorrect as he believed he was probably in the minority with this opinion. Mayor Tyrell inquired if he would be agreeable to changing the word to "Some" and Councilman Merritt said he was. A typographical error, "hoise" instead of "noise ", was pointed out on page 4, paragraph 8. Councilman Merritt moved, seconded by Councilman Clemson, that the Minutes of July 19, 1966, be approved subject to the foregoing correc- tions. The motion carried unanimously. UNFINISHED BUSINESS: 6. Request of Temple City Community Youth Center to sell to local merchants advertising to be displayed in circus tent at the carnival to be held in Live Oak Park in August. City Manager Koski stated that he had researched the matter of advertising in the park and found that Ordinance No. 65 -146 amended the Municipal Code to permit certain advertising upon approval of the City Council. There was discussion of the ad- visability of granting the permit to sell advertising for the same period of time, i.e. five years, as the Youth Center had been granted for holding carnivals, and it was suggested that one year at a time would be better to see how it worked out. Councilman Beckley was referred to the Minutes of June 28, 1966; when he asked for substantiation of the five -year carnival per- mit. Councilman Beckley then moved to grant permission to the Temple City Community Youth Center to sell advertising (to be displayed in the circus tent at the carnival) for one year, subject to renewal a year at a time. The motion, seconded by Councilman Merritt, was declared passed upon the Mayor's hear- ing no objections. 7.a. PUBLIC HEARING: re Recommended zone change classification, Roseglen Roseglen St., Lots 1 through 7, north side to R -1 -7200 from M -1, south side to R -1 -7200 from M -2. The Mayor declared the public hearing opened and asked Planning Director Dragicevich whether there was Proof of Publication of notice of the hearing, and if so to please present the facts pertaining to the recommended zone changes. The Planning Director stated that when the zoning on Rosemead east of Enci- nita was changed in 1965 an error occurred and the Roseglen area was shown as M -1 and M -2, although it was originally zoned R -1 on the map of 1964. There was considerable discussion regarding the future existence of a residential area almost surrounded by industrial property. Councilman Beckley asked if there was any substantiation of the zoning change to M -1 and -1- 935 Council Minutes of August 2, 1966. Page Two M -2 being in error, and Mayor Tyrell referred him to page 2 of the Planning Commission Minutes,of June 28, 1966. Mayor Tyrell inquired if anyone in the audience desired to speak for or against the proposed zone change. No one came forward to speak. Councilman Clemson moved to close the public hearing, seconded by Councilman Merritt, and unanimously carried. There was considerable further discussion of the fact that the residents of the area desired to retain the residential charac- ter of their property and wanted the zoning back to R -1 -7200 as it was originally. Councilman Harker questioned the advisabi- lity of changing the classification, stating that he believed eventually the area would have to be changed again. Mayor Tyrell said he felt that eventually the noise, dust, traffic, etc. would become a problem due to the proximity of the M -1 zones. Councilman Merritt moved to instruct the City Attorney to pre - pare an ordinance incorporating the recommendation of the Plan- ning Commission changing from M -1 and M -2 to R -1 -7200 zoning. Councilman Beckley seconded the motion, which carried by the following vote: AYES: Councilmen- Beckley, Clemson, Merritt, Tyrell NOES: Councilmen- Harker ABSENT: Councilmen -None b. PUBLIC HEARING: re Requirement of conditional use permit for service stations and drive -in restaurant uses. The public hearing was opened by the Mayor, who requested Plan- ning Director Dragicevich to present the facts of the matter. The Planning Director read the recommendations of the Planning Commission that service stations and drive -in restaurants be required to obtain conditional use permits, the exact standards to be worked out later. None of the Councilmen having any com- ments to make, the Mayor inquired if anyone in the audience wished to speak in favor of or against the recommendations. Mr. Marshall B. Guerney came forward, introduced himself as the owner of McDonald's Hamburgers, and began discussing the use of the sidewalk adjacent to his premises. Mayor Tyrell explained to Mr. Guerney that the matter being heard was not the same one with which Mr. Guerney was concerned and invited him to remain until the Council could hear him at the appropriate time or, if he desired, his matter would be placed on the agenda of the next meeting. Mr. Guerney returned to his seat, and there being no one else desiring to speak, Councilman Harker moved to close the public hearing, Councilman Merritt seconded, and the motion carried unanimously. Inquiry being made as to the background and purposes in connec- tion with the conditional use permits, Planning Director Dragice- vich stated that they would be primarily concerned with land- scaping, lighting, paving, etc. There being no further discussion, Councilman Beckley moved to approve the recommendations re conditional use 'permi ::s for serv- ice stations and drive -in restaurants and instruct the City Attorney to prepare the necessary ordinance. The motion, secon- ded by Councilman Clemson, passed by declaration. c. PUBLIC HEARING: re Clarification of Section 503 of 'oning Ordi- nance pertaining to R -2 zoning. Mayor Tyrell opened the public hearing and the City Attorney stated that the matter at hand was not ready for public hearing. Councilman Clemson moved to close the public hearing, cancel the proceedings, and refer the matter back to the Planning Commis -' sion for public hearing upon proper notice. Councilman Merritt seconded the motion, which carried unanimously. d. PUBLIC HEARING: Curbs & Gutters, Broadway, north side, Encinita to Alessandro. The Mayor opened the public hearing and requested a presentation -2- 936 Council Minutes of August 2, 1966 Page Three from Public Works Director Pizzorno, who stated that while the public hearing was listed as one, technically there were two items. One the first one, from Encinita to Hilton, the petition. were 100 %; and on the other, from Hilton to Alessandro, they were 85.85% signed, it being the general understanding that the other owner was unavailable for signature. The Public Works Director stated that the matter of saving the cork oak tree had been discussed with the Traffic Commission which was agreeable to trying to go around the tree. Inquiry was made as to whether anyone desired to speak regardin the matter, and there being none, Councilman Harker moved to close the public hearing, seconded by Councilman Clemson, and the motion carried unanimously. Councilman Harker moved that the Council find this matter in the public interest and instruct the City Manager to proceed with the work. Seconded by Councilman Merritt, the motion carried unanimously. e. PUBLIC HEARING: Green St. Sewers. The public hearing was opened by the Mayor who requested County Engineer Robert M. Moller to present the facts. Mr. Moller sta- ted that proper, legal notice had been given of the hearing re Sewers for Green St. (Improvement No. 4), the sewers were in- stalled, work completed, and assessments spread and notices to property owners mailed out. He further stated that there were no written protests. In reply to questions of who determined the assessments and the formula used, Mr. Moller said they were prepared in his office and were done in a fair and equitable manner. There being no one in the audience desiring to speak on the mat- ter of sewer assessments for Green St., the discussion by the Councilmen and Mr. Moller continued. There was a general dis- cussion of the various figures shown on a spread sheet by Mr. Moller, who also stated that the assessment on each lot was approximately $680.00, with the highest being $699.59, and that in general the differences were due to the number of laterals to each property. Councilman Harker moved to overrule the protests. Councilman Merritt seconded, and the motion passed by unanimous consent. City Attorney Martin read Resolution No. 66 -641, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMiNG SEWER ASSESSMENTS FOR TEMPLE CITY IMPROVEMENT NO. 4 (GREEN STREET). Councilman Beckley moved to adopt Resolution No. 66 -641 and Coun- cilman Clemson seconded the motion, which was declared unanimous- ly carried in the absence of any objections. 8. PARKS & RECREATION RECOMMENDATIONS: a. Recreation Director Kobett presented the recommendations of the Parks & Recreation Commission that the City of Temple City ren ^w its co- sponsorship of the Temple City Newcomers Club. There was quite a bit of questioning as to how long a person remained a newcomer, possible benefits to the City, and whether any finan- cial obligation was involved. Councilman Clemson moved, secon- ded by Councilman Beckley, to approve the co- sponsoring of the Newcomers Club. Motion carried unanimously. b. Recreation Director Kobett read a letter from Jacob Gunst requesting the City to again co- sponsor the Temple City Indoor Sports Club, which is composed of handicapped persons. Council- man Harker moved to approve the co- sponsorship of this club. Seconded by Councilman Merritt, the motion carried unanimously. 9. RESOLUTION NO. 66 -640: Warrants and Demands. City Manager Koski read title to Resolution No. 66 -640, A RESOL), TiON OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING -3- 937 Council Minutes of August 2, 1966 Page Four CLAIMS AND DEMANDS I N THE SUM OF $56,856.09, DEMAND NOS. 8495, 8496, 8542 THROUGH 8607. Councilman Clemson asked whether the item Baker Lawnmowers was for the new mower, and was told it was. Mayor Tyrell wanted to know what kind of flags the City buys, and Mr. Kobett explained the size and where flown. Councilman Beckley asked about certain items and was told they were refunds of deposits for plans and specs on the Baldwin Avenue job. Coun« cilman Clemson moved to adopt, seconded by Councilman Beckley, and it was unanimously carried. 10. COMMUNICATIONS: Recreation Director Kobett presented a letter from the Los Angeles County Health Department regarding continued use of the recreation building in Live Oak Park (for the well -baby clinic). Councilman Harker moved to grant the use for one year and Coun- cilman Clemson seconded. There was discussion concerning a can- cellation clause, and Councilman Harker amended his motion to grant the use of facilities for a one year period with the con- dition that the City have right to cancel anytime on 30 days notice. Councilman Clemson seconded the amended motion, which carried unanimously. 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK. At this time Mr. Marshall B. Guerney went to the podium and explained that the walk -in business had increased considerably at his hamburger stand and he would like permission from the City to install umbrella tables and benches on the sidewalk adjacent to his property on Agnes Street. He stated that the sidewalk was 13 feet wide and very few pedestrians use it, so he felt that tables would not interfere with normal foot traffic. Mr. Guerney also stated that he would keep the area well policed, and in fact presently has his maintenance man go over to the park to pick up any McDonald cups or other trash which might be deposited on the lawns or shrubs. There was considerable dis- cussion of problems, such as liability, connected with use of public property by an individual. Mr. Guerney stated that he expected to pay all liability insurance and a reasonable rental for use of the sidewalk, and at all times to keep the proposed area clean and an asset to the City. Councilman Clemson asked about the effect of the City ordinances, and City Attorney Martin stated that the Council has general jurisdiction over the City's sidewalks. Councilman Clemson moved to refer the matter to the City Manager and City Attorney for further report and recommendation, and provide Mr. Guerney with a copy of their report. The motion, seconded by Councilman Harker, was carried unanimously. Mr. Kai Musurlian, of the A. B. Dick Co., inquired whether or not Resolution No. 66 -640 contained a request for offset dupli- cating equipment and also how the decision is made as to which make will be purchased. City Manager Koski informed him that no request was on Resolution No. 66 -640 for offset equipment and selections of such equipment are made on open, competitive basis. Mr. Bob Weinman, 6355 N. Encinita, inquired about paving the street, between Longden and Wooley, stating that it was dusty and hazardous to both traffic and pedestrians. He said he felt that the City had been working on it, and there were other pro- jects which also required attention, but he would like faster action, for the safety and welfare of the residents of Encinita. Public Works Director Pizzorno stated that there was one proper- ty owner who had not agreed to dedicate the necessary strip of land, and it would be quite expensive to go through condemnation proceedings to acquire it. Mr. Weinman mentioned other property owners who would be willing to donate a strip of land, stating that one, Rev. Young, supervisor for Casa Robles, had not been contacted. Administrative Assistant Recupero explained that at the time the matter had come up previously the Rev. Young was -4- 938 Council Minutes of August 2, 1966 Page Five not at Casa Robles. The Public Works Director pointed out the two alternatives: if the grade is such that the City can go around the two parcels, then leave these two out; or the other way, if they are not willing to donate, then condemn the parcels needed. It was suggested that Mr. Weinman "feel out" his neigh- bors and if he felt that they would be willing to support the cost of paving Encinita between Longden and Wooley, then the City Attorney would prepare a petition for him to circulate. If as many as 60% are interested, the City will follow through. Councilman Beckley wondered if it would be practicable to have some Polaroid pictures for the next meeting. 12. MATTERS FROM CiTY OFFICIALS: City Manager Koski presented a license application from Puss "N Boots, stating that the Sheriff's Department recommended appro- val, and that primarily it was a transfer of ownership, and the new owner stated there would be no dancing or entertainment. Councilman Harker moved to approve the license, Councilman Merritt seconded, and the motion carried unanimously. The City Manager presented an application for a charitable soli- citation permit by the California Council of the Blind. There was considerable discussion of the fact that this had been refused last year because the Council felt that the citizens of Temple City would not particularly benefit, and Councilman Clemson wondered if there could be a clarification of policy of the Council re charitable solicitations. The City Manager pointed out that the general policy had been to limit solicita- tion to local charities except for United Way and a few others. Mayor Tyrell stated that the City has no control over the mail or telephone solicitation, as set forth in the letter last year. Councilman Merritt moved to receive and file, and instruct the City Manager to reply with a similar letter indicating no con- trol over the matter of mail and telephone solicitation. Coun- cilman Harker seconded, and the motion carried unanimously. The application of the United Church Women, Temple City - Rosemead Council, for a permit to solicit on Halloween for UNICEF was presented by City Manager Koski. The general consensus was that the same objections applied to this solicitation, i.e. not local, as to the Council of the Blind. Councilman Beckley moved to deny the permit, Councilman Merritt seconded, and the motion passed unanimously. City Manager Koski presented the application of United Crusade for a fund raising program, stating that this organization con- formed with the general policy regarding solicitations. Council- man Merritt moved to approve the permit, Councilman Beckley seconded, and the motion was unanimously adopted. The City Manager read a letter from the California Contract Cities Association asking that the City consider hosting the C.C.C.A. general meeting for the month. of October, Mayor Tyrell suggested that, as was previously done, the City might join with the City of Rosemead since their City has a suitable facility and also the cost would be split. After discussion, this matter was referred to the City Manager for further study and contact- ing the City of Rosemead in regard to a cooperative effort. Councilman Beckley brought up the matter of solicitation permits again, asking just what the permit looks like. The City Manager described size with date and stamped with the City name. Each solicitor shall have the permit with him; however, if a large organization, a duplicate may be given to each solicitor. There was considerable discussion regarding enforcement of ordinances concerning solicitation- -and of the fact that there was no wish to harass such organizations as the Boy Scouts and similar group: - -and it was decided that the City Manager would convey to the Sheriff's Department the City's desire for stricter enforcement, -5 - 939 1 1 Council Minutes of August 2, 1966 Page Six leaving it to their discretion as to how this would be accom- plished. Councilman Merritt injected a light note when he announced that the Jolly Coachman was changing its name. City Attorney Martin requested that $5,554.00 be deposited by the City in the Trust Account of Martin & Flandrick in order to settle the matter of Temple City v. Nash, et al. (Parcels 1 and 39A). Motion to approve the request was made by Councilman Merritt, seconded by Councilman Beckley, and carried unanimously. On the remaining parcels (Temple City v. Nash) the City Attorney recommended that the counter -offer be rejected by the City, since the counter -offer of $3700.00 (over the City's evaluation) was almost as much as the original difference. City Attorney Martin was firmly of the opinion that no more than $1871.50 should be paid to settle the matter, and stated that the alter- native would be to go to court. Councilman Clemson moved to reject the counter - offer, Councilman Harker seconded, and the motion carried unanimously. Mayor Tyrell read a resolution of the City of Monterey Park with regard to ground water management in the San Gabriel Valley basin, which is basically water law and water problems, and a request to authorize the City Manager to contact the City Mana- ger of Monterey Park and attend whatever meetings he may call in connection with this resolution and to urge, with the City Manager of Monterey Park, settlement of the problems involved in the district. Councilman Beckley moved approval of the resolution and to authorize the City Manager to attend such meetings re water problems, Councilman Merritt seconded, and the motion carried unanimously. Mayor Tyreil introduced Mr. Ben Matthews, the new Division Chief, to the Councilmen and City staff. 13. ADJOURNMENT: At 9:22 p.m. the Council adjourned to a personnel session, after which adjournment was to a regular meeting on August 16, 1966, at 7 :30 p.m. in the Council Chambers of the City Hall, 5938 N. Kauffman Ave., Temple City. ATTEST: j /WttfC)/ C at` y clerk 940