HomeMy Public PortalAboutCity Council_Minutes_1967-03-21_Regular 1967C O U N C I L M I N U T E S
CITY OF TEMPLE CITY
TEMPLE CITY, CALIFORNIA
MARCH 21, 1967
INITIATION:
1, Mayor Tyrell called the regular meeting of the City Council to
2, order at 7:40 P,M. The invocation was given by Father Leuer
of St. Luke's Catholic Church, 9451 Broadway, Temple City.
3, Mayor Tyrell then led the Pledge of Allegiance to the Flpg.
4, ROLL CALL:
PRESENT: Councilmen- Beckley, Briggs, Harker, Merritt, Tyrell
ABSENT: Councilmen -None
ALSO PRESENT: City Manager Koski, City Attorney Martin, Public
Works Director Pizzorno, Planning Director Dragicevich, and
Traffic Engineer Enval l .
5. APPROVAL OF MINUTES: Regular meeting of March 7, 1967.
Councilman Briggs moved to approve the minutes of the regular
meeting of March 7, 1967, as mailed, Councilman Harker secon-
ded, and the motion carried unanimously.
PRESENTATION OF .CERTIFICATE OF RECOGNITION TO "POP" GUNST:
Mayor Tyrell asked Mr. Jacob Gunst to come forward, and, after
a brief introduction of "Pop ", he then read the inscription on
the Certificate of Recognition and presented it to Mr. Gunst.
Mr. Gunst expressed his deep appreciation to the first City
Council and City Manager, in particular, for appointing him to
serve on the Parks and Recreation Commission and to those fol-
lowing for re- appointing him. He further stated that it had
been his great pleasure to work with the men who served with
him on the Commission, with Vic, and with the boys at the park.
Mr. Gunst said anytime he could do anything for the betterment
of the community, whether on a Commission or otherwise, he
would be more than happy to do it. He mentioned his "pet"
project - -a community center building - -and pledged to continue
working on this goal. At the end of his speech there was a
standing ovation.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 67 -222: 2nd reading. Establishing Pedestrian
Mall #1B. City Attorney Martin presented Ordinance No. 67222,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ESTABLISHING A PEDESTRIAN MALL PURSUANT TO THE PEDESTRIAN MALL
ACT OF 1960, DIVISION 13 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA. Councilman Merritt moved to waive
further reading and to adopt Ordinance No, 67-222, Councilman
Harker seconded, and the motion was carried unanimously.
7. ORDINANCE NO. 67 -223: 2nd reading. Establishing Pedestrian
Mall #1C. City Attorney Martin presented Ordinance No. 67223,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ESTABLISHING A PEDESTRIAN MALL PURSUANT TO THE PEDESTRIAN MALL
ACT OF 1960, DIVISION 13 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA. Councilman Briggs moved to waive fur-
ther reading and to adopt Ordinance No. 67 -223, Councilman
Beckley seconded, and the motion was unanimously carried.
8. ORDINANCE NO, 67 -224: 2nd reading. Establishing Pedestrian
Mall #3. City Attorney Martin presented Ordinance No. 67-224,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ESTABLISHING A PEDESTRIAN MALL PURSUANT TO THE PEDESTRIAN MALL
ACT OF 1960, DIVISION 13 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA, Councilman Harker moved to waive fur-
ther reading and to adopt Ordinance No. 67 -224, Councilman
Briggs seconded, and the motion carried unanimously.
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Council Minutes, March 21, 1967, page 2
9. ORDINANCE NO. 67 -225: 2nd reading. Establishing Pedestrian
Mall #4. City Attorney Martin presented Ordinance No. 67 -225,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ESTABLISHING A PEDESTRIAN MALL PURSUANT TO THE PEDESTRIAN MALL
ACT OF 1960, DIVISION 13 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA. Councilman Merritt moved to waive fur;
ther reading and to adopt Ordinance No. 67 -225, Councilman
Harker seconded, and the motion was carried unanimously.
10. REPORT ON PEDESTRIAN MALL NO, 1A. City Manager Koski reported
that two meetings had been held with the two property owners who
hed filed claims. On March 9 the City Manager, the Director of
Public Works, and Ray Lewis met with Mr. and Mrs. Palmer, Mr.
Mel Zager, Mr. Bert Smith, and Dr. Gregson. After reviewing
the plans and in further discussion, it was felt by Dr. Gregson
and Mr. Palmer that the loss of parking spaces might be limited
to four, and the loss of one light standard, instead of the 7 or
8 spaces as they had originally believed. Again on March 15 the
City Manager and the City Attorney met with Messrs. Palmer,
Zager and Smith, and they again re- stated their need for access
to the rear of the property. Mayor Tyrell asked if anyone in
the audience desired to speak on the subject; and the City Attor-
ney explained that the public hearing was closed but they could
be heard informally and that the Council had three alternatives:
(1) Create a parking lot, (2) create a mall in line with the
conditional cancellation clause, and (3) create the mall and -
litigate the value, if any, of the rights of the parties claim-
ing--which might take sometime to do and would hold up the
creation of all the malls.
Mr. Paul Kettle, speaking as Chairman of the Business and Indus-
trial Committee, stated that the Committee would like for a
driveway of some sort to be left for the carpet store although
it might cut out four parking spaces. He was of the opinion
that they would be able to use the four parking spaces which
they now have, but some councilmen felt this would involve too
much crossing of the sidewalk, thus endangering pedestrians. He
stated that the Committee wished to go on record as saying they
would like the mall to go in, and also they favored permitting
Zager and Smith to have a driveway for access to their rug
store. Councilman Beckley objected to blocking off four spaces
for one store, and felt that to do so would be unfair to the
other merchants.
Councilman Briggs asked how long it would take to get the mall
in, and was told 90 days. He then inquired what they would do
for access during the 90 days and was informed that they would
probably have to load and unload in the front of the store,
causing problems by backing out in the street and blocking
traffic, or rent storage room. Councilman Merritt wondered if
perhaps the time of day might not be set so as to unload during
periods of light traffic as do certain other trucks which load
and unload on Las Tunas.
Mr. Mel Zager, of Zager and Smith, explained that the heavy
rolls of carpet are usually loaded on the back of a truck - -van
type or flatbed- -but he said he thought this would be quite
disturbing for from 15 to 45 minutes if the truck had to be
backed to the curb for unloading. Various suggestions of build-
ing to the back of his lot, time -of -day limit, extending the
loading "dock ", using a handtruck or some conveyor system were
considered. Then Mayor Tyrell brought up the idea of a 15-
minute parking zone the entire length of the mall and adjacent
to the sidewalk, which would permit all the merchants easier
means of loading and unloading and it also would give customers
more parking space for quick errands. Mr. Zager commented that
there would be an enforcement problem but was told that this
was the City's problem, not his.
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Council Minutes, March 21, 1967, page 3
Mr. G. H. Bedell, speaking as Chairman of the Finance Committee
of the American Legion Post 279, asked that the letter from the
Legion Post 279 be read. After the Mayor had read the letter,
Councilman Beckley moved to make it a part of the proceedings,
seconded by Councilman Briggs, and unanimously carried. Mr.
Bedell emphasized that the Post felt that if a variance were
granted to one firm, then there would be others, and the whole
purpose of the malls would be defeated.
Mr. James Perkins, of Jim's Radios, explained the location of
his business and if the planters might be moved apart one foot
on each side to widen the entryway to facilitate getting large
radios or stereos into his shop. The Public Works Director in-
dicated that moving them would not present any difficulty, and
he said he would make a note of it for further study.
Mr. Sam Braeger, Braeger's Shop for Men, stated that nothing had
been said, when the parking lots were first discussed, about
sidewalks and he asked the Council to try in every way possible
to see that as many as possible are happy, saying that each indi-
vidual is a member of the whole. He felt that the malls, includ-
ing sidewalks, would be beautiful when completed, and he hoped
that the problems would be resolved in some equitable way. Mayor
Tyrell again mentioned a green, 15- minute parking zone next to
the sidewalk, and said perhaps the Traffic Commission could study
the problem. Mr. Braeger also suggested a joint study session
of the Committee and the Council or the Planning Commission,
and Mr. Kettle added that he would like such a study session
before any action . is taken.
Mrs. Zager asked the Council if they did not want to keep busi-
ness in Temple City. She said their store has brought business
into Temple City and they themselves shop with other merchants
in Temple City as much as possible. Councilman Beckley assured
her that everyone was going to try to work out the problems.
When no one else in the audience wished to speak, Mayor Tyrell
asked the Councilmen to express their views. Councilman Briggs
said it was a misstatement to say that the Council was not
willing to work with dissenters, and he was in favor of postpon-
ing the matter for two weeks to try to work out the problems.
As to the matter of permitting trucks to cross the sidewalk, he
said he would like to see the entire situation before making any
decision.
Councilman Harker commented that it is seldom that a major
change can be made or a plan developed that will be satisfac-
tory and equitable to everybody. While it was his feeling
that the City should go ahead with the malls as presented, in
view of the many factors involved, he would be in favor of
further study.
Councilman Merritt expressed his interest in the suggestion of
the Mayor that a 15- minute, green parking zone be placed along
the curbs adjacent to the sidewalks as this would give everyone
a chance to load and unload without tying up traffic for any
great length of time. On this basis he was willing to close
the matter but if the others desired further study, he was
willing to go along.
After the Director of Public Works had stated that the bids
would be received on April 12, Councilman Beckley suggested
that this would give them a chance to take a good look at the
various ideas, and he moved that the matter be held over until
the next Council meeting on April 4. Councilman Briggs seconded
the motion, which carried unanimously.
Mayor Tyrell summarized most of the opinions expressed by the
Councilmen and other speakers, and added that he felt it would
not be keeping faith with the other people who have given up
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Council Minutes, March 21, 1967, page 4
their rights if an exception were made for one merchant. He
also felt that the 30 feet from the sidewalk to the back
entrance was not such an onerous problem. He then enumerated
the three alternative solutions: (1) Make it a parking dis-
trict and have a parking lot only. (2) Delay the creation of
a mall until the problem has been resolved, which would set
the mall program back 9 months to a year. (3) Complete the
mall and let the court determine whether the claim has any
validity. The Mayor further stated that he felt it would be
a good idea to let the protestants and the merchants take a
good look at the suggestions and determine whether the claims
can be compromised rather than the City compromise.
PUBLIC HEARING: SIDEWALKS - BALDWIN'AVE., west side, Miloann to
Howland.
The Mayor opened the Public Hearing and the Public Works Direc-
tor presented the petition for the above improvement, advising
that 66.2% of the frontage had signed the petition, and that
since only 60% was required, he recommended that the Council
find the project in the public interest. The Mayor asked if
anyone wished to speak regarding the improvement and no one
came forward. Councilman Merritt moved to close the public
hearing, Councilman Briggs seconded, and the motion was carried
unanimously.
Councilman Briggs moved to find the project in the public inter-
est and to instruct the Superintendent of Streets to cause the
work to be done, Councilman Merritt seconded, and .the motion
carried.
PUBLIC HEARING: ZONE CASE #67 -209, 5839 -41 North Rowland
Mayor Tyrell stated that it was necessary to re- schedule the
above public hearing set for this time. Councilman Merritt
moved to re -set said public hearing for March 22, 1967, at
7:30 P.M. in the Council Chambers, City Hall, 5938 N. Kauffman.
Councilman Harker seconded the motion, which carried unanimously.
PUBLIC HEARING: PROPOSED COMPREHENSIVE ZONING REGULATIONS AND
ZONING MAP FOR THE CITY OF TEMPLE CITY
Mayor Tyrell declared the public hearing open. City Attorney
Martin stated that the public hearing was to be conducted by
the City Council to consider recommendations of the Planning
Commission to adopt a comprehensive new zoning ordinance and
zoning map to replace the old one of 1964, No 63 -112. He
further stated that the proposed ordinance was available for
inspection by ,the public, that the City Council had not taken
any position on it and would not take any as a result of this
hearing, which was simply to get the viewpoint of the cititzenry,
if any they have, respecting the recommendations. He added
that the Planning Commission had given four or five months of
attention to the revisions. The Mayor asked if anyone wished
to address the Council, and no one came forward to speak.
Councilman Merritt moved to close the public hearing, Coun-
cilman Beckley seconded, and the motion carried unanimously.
The City Attorney stated that the Council had the recommenda-
tions of the Planning Commission, apparently there are no
citizens' comments on it, so the Council could set such time
as they desired to study the proposed ordinance. City Mana-
ger Koski suggested April 3rd, the next regular study session,
as a continuation date for further discussion. Upon the unani-
mous consent of the Council, Mayor Tyrell announced that fur-
ther discussions will be continued to April 3, 1967, at 7:30 RM.,
as an adjourned portion of this Council meeting.
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Council Minutes, March 21, 1967, page 5
11. TRAFFIC COMMISSION RECOMMENDATIONS, CONT'D.
A. Recommend new Signing at Longden and Encinita.•
The Traffic Engineer, George Envall, displayed two new type signs
to be erected. He stated that the Traffic Dept. felt that a
speed of 25 mph on Longden, approaching Encinita, was a "good
speed" and so new "advisory" signs would be erected. When asked
what he meant by "advisory's, he stated that the legal speed is
30 mph and that 25 mph cannot be enforced. Councilman Beckley
moved to authorize the erection of the new signs as recommended,
Councilman Briggs seconded, and the motion unanimously carried.
NEW BUSINESS:
12. Public Works Director Pizzorno presented Resolution No. 67 -717,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RELAT-
ING TO LEGISLATION TO REVISE THE MAYO -BREED FORMULA FOR THE
ALLOCATION OF STATE GASOLINE TAXES. Mayor Tyrell asked if the
resolution was solely concerned with changing the percentage of
State Gas Tax Funds received in Southern California,. and the
Public Works Director said that was his understanding. Council-
man Harker moved to adopt Resolution No. 67 -717, Councilman
Beckley seconded, and the motion was unanimously carried.
13. City Attorney Martin presented Resolution No. 67 -716, A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, FINDING
AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR
PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (BROAD-
WAY WIDENING PROJECT). He stated that this was to acquire
certain property for public street purposes and that the pro-
posed costs were in line with the original estimates. Council-
man Merritt moved to adopt Resolution No. 67 -716, Councilman
Beckley seconded, and after a brief discussion the motion was
unanimously passed. City Attorney Martin stated that the next
step was to authorize the drawing of a warrant for funds for
the acquisition. Councilman Merritt moved that a warrant be
drawn to the Martin & Flandrick Trust Account in the amount as
stated in the original appraisals, Councilman Briggs seconded,
and the motion was unanimously carried.
14. REQUEST FOR AUTHORIZATION TO RECEIVE BIDS FOR SIDEWALKS: Side-
walk program, Temple City Blvd., Oak Ave., and adjacent to the
schools.
The Public Works Director presented the plans for the sidewalks,
stating that they were almost completed and then they would be
ready to advertise,for bids since one problem had been partially
resolved as of this date. He requested authority to advertise
for bids, stating that he felt optimistic regarding the gasoline
tax funds and that the Division of Highways had assured him that
they will have a firm answer within a couple of weeks. Council-
man Harker moved that the City Engineer be authorized to adver-
tise for bids to construct sidewalks pursuant to the above
program, Councilman Beckley seconded, and the motion carried
unanimously.
The Public Works Director discussed with the Council the matter
of the proposed agreement with the School District, stating that
he had discussed it with Ken Neilson, the Business Manager for
the School District, who had indicated that there might be some
difficulty if for some reason the School District would not
accept the bids. There is a clause in the agreement stating
that the School District would pay for part of the cost of the
plans and specs if the bids were not acceptable to the District,
but the Mayor felt that this would not be any problem because
the District has been as interested in the program as the City.
Councilman Merritt moved to authorize the Mayor and City Clerk
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Council Minutes, March 21, 1967, page,6
to sign on behalf of the City when the School District signs the
agreement, Councilman Briggs seconded, and the motion carried
unanimously.
15. PLANNING COMMISSION RECOMMENDATIONS: MEETING OF MARCH 14, 1967
A. Proposed rezoning of Annexation Area #10.
Planning Director Dragicevich presented the above recommendation,
stating that the Planning Commission had held a public hearing
on February 28, 1967, and recommended that the City Council set
a date for a public hearing on the rezoning of Annexation #10.
Councilman Merritt moved to set this proposed rezoning for public
hearing on April 4, 1967, at 7:30 P.M., Councilman Harker secon-
ded, and the motion was unanimously carried,
16. RESOLUTION NO. 67 -718: Warrants & Demands, No.
The City Manager presented Resolution No. 67 -718, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS
AND DEMANDS IN THE SUM OF $19,997.31, DEMAND NOS. 9366 THROUGH
9418.
Councilman Harker asked what had been purchased from the Singer
Company, on Demand No. 9403, and was told that it was for three
rubber extension cords for sewing machines for the Recreation
Dept. which has a number of projects which require them. Upon
Councilman :Harker's statement that he was satisfied, Council-
man Briggs moved to adopt Resolution No. 67 -718, Councilman
Merritt seconded, and the motion was unanimously carried.
Councilman Beckley asked about the item "Business License
Refund" and the City Manager explained that this was a case
where the applicant never went into business.
17. COMMUNICATIONS:
The City Manager presented a memo from the City Treasurer re-
questing Council approval to attend the Annual Municipal Trea-
surers Association Conference at Disneyland on April 18 through
21. Councilman Beckley moved to approve the above request and
authorize a warrant to be drawn for his expenses, Councilman
Merritt seconded, and the motion was unanimously carried.
18. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Mr. Lee Miller, 9352 Lower Azusa Road, Miller Bros. Floats,
stated that sometime ago he requested that the short street
leading into their property be re- named "Miller Drive." He
mentioned that three or four years ago, when it was necessary
to build a street into his property, he gave the right -of -way
to Temple City and paid $4,000.00 for the paving. He felt
that having paid something for the street plus bringing some
measure of fame to Temple City on account of building many of
the beautiful floats for the Rose Parade, they should be
allowed to call the street "Miller Drive ". He said a check
of the records in Los Angeles County showed streets named
"Miller Drive" in only Los Angeles, Gardena, Whittier, and
Southgate. There was some discussion of the street in question
being an extension of Alessandro, but Mr. Miller felt it quite
unlikely that Alessandro would ever be extended and he could
see no reason for denying his request. The Mayor suggested
that the matter be put over to a study session, and in the mean-
time the City Manager and Public Works Director might review
what is entailed in changing the name.
Mayor Tyrell, with the concurrence of the Council, appointed Don
Lawson to the Planning Commission to a term - expiring on May 27,
1968, and Frank Villar and Sigmund R. Caswell to the Parks and
Council Minutes, March 24, 1967, page 7
Recreation Commission for terms expiring on January 5, 1969,
with all appointments effective immediately. The Mayor asked
Mr. Lawson and Mr. Villar to step forward to be sworn in. The
City Manager administered the Oath of Office to both gentle-
men, who were then introduced to the Council and staff and
welcomed into the City 'family ". Mr. Caswell was not present.
19. MATTERS FROM CITY OFFICIALS:
The Public Works Director advised the Council that the designs
of the tennis courts are well under way but that they were
unable to fit in the championship courts. There was some dis-
cussion regarding lights for the courts and it was decided to
put this matter on the study session.
The City Manager presented Resolution No. 67 -719, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PER-
SONNEL. Section 1, George Supeck, Senior Tree Trimmer; Section
2, Arthur A. Gonzales, Maintenance Man; Section 3, Martin J.
Mueller, Tree Trimmer; Section 4, Nicholas Hoogendoorn, change
in classification from Maintenance Man to Custodian - Caretaker;
all employment effective as set forth and all at the salary
rates set forth in said Resolution. Councilman Harker moved to
accept and adopt Resolution No. 67 -719, Councilman Briggs secon-
ded, and the motion carried unanimously.
Councilman Beckley again mentioned the lights for the tennis
courts since he had thought they were included in the budget,
and after some further discussion Mayor Tyrell suggested that
the matter be put on the study session.
The City Manager asked Councilman Briggs about the watering on
Baldwin Ave. and was told that he was still getting his wind-
shield wet and that the water had been on When:he had driven
over tonight and he had noted it on between 6:00 and 7:00 A.M.
The Public Works Director reported that he thought they had
been re -set so there would be no sprinkling after 5:30 A.M.,
and he said he would check to make sure that the power boxes
are locked so the clocks cannot be tampered with. The City
Manager suggested that the Public Works Director contact Krelle
& Lewis and have them see that the timing is changed.
The City Manager mentioned that the signal at Alessandro and
Las Tunas appeared not to have been re -set as it was still
operating at 10:30 P.M. The Public Works Director was asked
to check out this matter also.
Mayor Tyrell read a translation of a letter from Mayor Nava
of Magdalena de Kino, Sonora, thanking the City Council for
all the courtesies shown him and his party during their visit
to the Camellia Festival.
The Mayor read an article from the American Legion Magazine,
April, 1967, entitled "Our Downgraded Police - Our National
Peril ", which gave the terrible statistics of what has been
happening when there are no police on duty and problem of
loss of respect which has become so prevalent in recent years.
The City Manager reported that the trash back of the stores
had been removed and it was hoped that the cooperation of
the merchants would improve with the malls installed. The
City Manager will see that regular checks are made of the area.
20. ADJOURNMENT:
Mayor Tyrell adjourned the meeting to a short personnel session
and from then to an adjourned Public Hear' g on March 22, 1967,
at 7:30 P.M. Council adjourned at 9:4! °.M.
ATTEST:
City Clerk
Mayor
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