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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. 1021 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. 1022 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 1023 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. 1024 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 1025 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 1027