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HomeMy Public PortalAboutCity Council_Minutes_1960-09-12_Regular 1960CITY OF TEMPLE CITY TEMPLE CITY, CALIFORNIA MINUTES OF REGULAR MEETING Of SEPTEMBER 12, 1960. . INITIATION: 1 The regular meeting of the City Council of the City of Temple City was called to order by Mayor Fitzjohn who led the Pledge 2''. of Allegiance to the Flag. 3i The invocation was given by Rev. Ralph Walker, of the First Baptist Church, Baldwin & Woodruff, Temple City.. ROLL CALL: PRESENT: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn ABSENT: Councilmen -None ALSO PRESENT: Shatford & Woollett UNFINISHED BUSINESS: ORDINANCE NO. 60- 13- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, 'A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTEW. ANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER, THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMPLE CITY City Attorney Shatford read the title in full of Ordinance No. 60 -13. This was the second reading of Ordinance No,. 60 -13 at a regular meeting with a quorum present. Councilman Buchan moved to waive further reading of Ordinance No. 60 -13, Council - man Dickason seconded, and carried by the following roll call vote: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitz- john. Noes: Councilmen.None.. Absent: Councilmen -None. Councilmen Dickason then moved to adopt Ordinance No. 60 -13, Councilman. Buchan seconded, and carried by the following vote: Ayes: Councilmen-Buchan, Dickason, Merritt, Tyrell & Fitzjohn Noes: Councilmen -None. Absent: Councilmen -None ORDINANCE NO. 60 -14 - AN ORDINANCE OF THE CITY OF TEMPLE CITY GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPUR- TENANCES FOR »TIONSM I TT I NG AND 'DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITH- -IN SAID MUNICIPALITY. City Attorney Shatford read title to Ordinance No. 60 -14. This was the second reading of Ordinance No. 60 -14 at a regular meeting with a quorum present. Councilman Merritt moved to waive further reading of Ordinance No. 60 -14, Councilman Buchan seconded, and carried by the following roll call vote: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell and Fitzjohn. Noes: Councilmen -None. Absent: Councilmen -Novel Councilman Dickason moved to adopt Ordinance No. 60 -14, Council.;;; man Buchan seconded, and carried by the following roll call vote - Ayes: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent: Councilmen -None. D. ORDINANCE NO. 60 -15 - AN ORDINANCE OF THE CITY OF TEMPLE CITY GRANTING TO SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING:. GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR .UPON THE .PUBLIC STREETS, WAYS., ALLEYS AND PLACES, AS THE SAME NOW OR MAY FIERE' AFTER EXIST, WITHIN SAID MUNICIPALITY. City Attorney Shatford read in full title to Ordinance No. 60 -15, This was the second reading at a regular meeting and a quorum was present. Council-, man Merritt moved to waive further reading of Ordinance No.60 -15 Councilman Dickason seconded, and carried by the following roll call vote: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyreti 53 Council Minutes Regular meeting of September 12, 1960.page 2 & Fitzjohn. Noes: Councilmen- None:. Absent: Councilmen -None. Councilman Buchan moved to adopt Ordinance No. 60 -15, Councilman Dickason seconded, carried by roll call vote as follows: Ayes:' Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes :' Councilmen -None. Absent: Councilmen•»None. City Manager Woollett read the OFFER & BiD of the Southern Counties Gas Co. which'included a check to the City of Temple City in the amount of $250.00 and which check was deposited in, the bank by the City and was received on August 19, 1960..Buchen moved to accept the bid as deposited on August 19, Merritt se conded and carried by the following roll call vote: Ayes: Counr cilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn.. Noes: Coun+, 1 cilmen -None. Absent: Councilmen -None. ORDINANCE NO 60 -16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY, CALIFORNIA, APPROVING THE ANNEXATION TO SAiD CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO, 60 -45 ADOPTED'BY SAID CITY ' COUNCIL ON JUNE 13, 1960, AND DESIGNATED THEREIN AS "ANNEXATION NO. t. A, EAST TEMPLE CITY UNINHABITED." City Attorney Shatford read 'the ` title in full of Ordinance No. 60 -16. This was the second reading at a regular meeting and a` quorum was present, Councilman Buchan moved to waive further reading of Ordinance No. 60 -16, Councilman Merritt seconded, and carried by the following roll call vote: Ayes: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent: Court- cilmen: None. Councilman Dickason moved to adopt Ordinance No. 60 -16, Councilman Buchan seconded, carried by roll call vote as follows: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen- None.. Absent: Councilmen- None. 10. ORDINANCE NO. 60 -17 - AN ORDINANCE OF THE CITY OF TEMPLE CITY RELATING TO THE CARE AND EXPENDITURE OF MONEYS RECEIVED FROM THE STATE OF CALIFORNIA UNDER THE PROVISIONS OF ARTICLE ;,.CHAR -. TER 1, DIVISION 1 OF THE STREETS AND HIGHWAYS CODE. The City Attorney read in full title to Ordinance No. 60. -17. This was the second reading at a regular meeting and a quorum was present Councilman Dickason moved to waive further reading of Ordinance No. 60 -17, Councilman Merritt seconded, carried by following roll call vote: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen- No.ne,, Absent: Councilmen None. Councilman Buchan moved to adopt Ordinance No. 60 -17, Councilman Merritt seconded, carried by the following roll call vote; Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell 6 Fitz- john. Noes: Councilmen -None. Absent: Councilmen -None. 11. ABATEMENT OF CANINE PROBLEM -POUND DEPT. City Manager Woollett reported on the complaint or dogs at large in the vicinity of 5819 Cloverly by reading a letter from the Pbund Dept. reporting their action. Through patroling the area a written warning wa$ issed.to Mr. Jackson, 5b19 Cloverly, and later a citation re- quiring his appearance in court. Continued patrols will further check the area. NEW BUSINESS: 12, City Manager Woollett read a letter from the office of the Board of Supervisors regarding an amendment to the health services agreement giving the Health Officer authority to issue health permits and collect permit fees when acting as health officer of the City and to retain the fees'-es full compensation for issuance of permits. Mr. Woollett recommended the Council authorize the Mayor and the C.ty Clerk to execute the amended health agreement. Councilman'Tyreli moved to so do, Councilman Merritt seconded, roll call vote as follows: Ayes: ,Councilmen Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes:. Councilmen - None. Absent: Councilmen -None. 54 Council Minutes Regular Meeting September 12, 1960. page 3 13. CHARItABLE SOLICITATION PERMIT REQUEST: City Manager Woollett read a letter from Mrs. Isabelle P. Mc Duffle, Chairman for United Nations Children's Fund (UNICEF) requesting permission for the Temple City - Rosemead Council of United Church Women to solicit funds within Temple City for UNICEF during the weekend of October 29th and Monday October 31 between 6:00 `P.M. and 8 :00 P. M. Merritt made the motion permission be granted, Dickason seconded, and carried by the following roll call vote: Ayes: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noe:.- Councilmen-None. Absent: Councilmen - None. 14. REQUESTED ABATEMENT OF LIGHT & AIR EASEMENT: City Attorney Shatford requested this be passed for the present time. Tyrell moved to table until the next council meeting on September. 26, Councilman. Merritt seconded, and carried by the following roll call vote: Ayes: Councilmen: Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen-None. Absent: Councilmen-None. 15. PETITION - REQUESTING REPEAL OF TEN YEAR CONTRACT WITH COMMUNITY DISPOSAL CO.. City Manager Woollett read a petition requesting repeal of the above contract signed by approximately 300 people and also two letters, from Chas. Bruere, and Chas.. E. Hughes. Mr. A. W. Gallagher, 10708 Arrowwood St., who presented the pe- tition was . present and was asked if he had anything further and he advised everything he had to say was on the petition. Mrs. Paula Kugler, 10232 La Rosa Dr., requested information regarding the contract. City Attorney Shatford advised the contract was not let on open bidding but was a negotiated agreement and it is within the power of the city to negotiate an agreement. Also the better contracts in this area are all negotiated agreements. Mrs. Donna Willett, 10120 Green St., felt better control was needed as their street is left with rubbish and garbage spilled on the street. City Attorney Shatford advised if there were any complaints to get in touch with the City Manager and he will correct the situation. Mr. A. W. Gallagher, 5636 Temple City Blvd., asked if they were to be restricted for ten years regardless of how they felt. City Attorney Shatford stated this is a contract the City has entered into for a ten year period. Mayor Fitzjohn said the Council was trying to do what was best for the community. It was published in the Temple City Times so people could read it. Mrs. Georgia Maxey, 9823 Hallwood Dr., spoke in favor of Commun- ity Disposal Co. having had their services for the past 17 yrs. that it was a home business and should be patronized, that the Company has taken part in every community activity the City has had, and stated she was not connected in any way with the Comp'7, any, but felt they were doing a good job and she was glad they had the contract. Mr. Carl Clark, 9711 Olive, stated he felt it was not a fair request, that the Councilmen were voted in by the people, and he felt there was no sense in bringing this up at all. He also stated he thought the attorney should let the people know why the contract was let. Councilman Dickason stated inasmuch as the petition represents less than 1% of Temple City, he would make the motion that we file this petition at this time, Councilman Buchan seconded, Tyrell stated at the present time we are not able to take any action on it, roll call vote as follows: Ayes: Councilmen- Buchan Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent: Councilmen -None. 16. INTERNATIONAL CITY MANAGERS ASSN.. :MANAGEMENT INFORMATION SERVICE Mr. Woollett advised the Council of the services rendered by this information service including documented replies to inquir- ies that the city might like to make, a municipal year book, additional information periodically, vital statistics on every city in the country, all of which would be of value to our city. '.55 Council Minutes of the Regular Meeting on September 12, 1960. Page 4 The Service charge which is based on population would be $100.0( per year for Temple City. He recommended the Council consider subscribing to this service, as it will help the city staff, the Council and Commissions, and will provide information which would take a great deal of time to make up. Tyrell moved to subscribe to this information service, Merritt seconded, carrjec by the following roll call vote: Ayes: Councilmen- Buchan, Dick- ason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent Councilmen -None. 17., TRAFFIC COMMISSION REQUEST: City Manager Woollett reported the recommendations of the Traf- fic Commissions of both El Monte and Temple City with respect to the petition for more traffic control on Lower Azusa Road between Arden Way and Pal Mall Ave. The Traffic Commission voted to recommend to the Council the recommendations of Traffic Engineer George Envail as follows: "The following red curb is suggested adjacent to the off- street driveways entering the Midway Shopping Center and adja- cent to the existing crosswalks. These locations are listed: 1... Place 69 feet of red curb on the south side of Lower, Azusa Road between the first and second drives easterly of Ards:, Way. 2 . Place 40 feet of red curb immediately east of .the .se- cond drive on the south side of Lower Azusa Road east of the second drive east of Arden Way.. 3, Place 15 feet of red curb westerly of the drive inter- seeting'Halifax Avenue from the south approach to Lower Azusa Road and 314 feet of red curb easterly between this intersecting drive and the crosswalk at the east line of Hall -fax Avenue. 4. Place 50 feet of red curb on the south side of Lower Azusa Road immediately west of the crosswalk at the west line of Doreen Avenue.. 5. Place 60 feet of red curb westerly of the third drive westerly of Pal Mal Avenue. Also 43 feet and 89 feet of red curb between the second and third and the first and second drives westerly of Pal Mall Avenue. In conjunction with the red curb markings,. Ft is suggested that the advance pavement markings on Lower Azusa Road easterly of Pal Mall Avenue and westerly of Arden Way should read "Ped Xings" instead of "Ped Xing ". Remove the bench and /or benches on the south side'ef Lower Azusa Road east of Arden Way and the bench west of Pal Mal Ave. as this is confusing to the public as no bus operates on this road. Remove the existing advertising signs on the City', Right of Way." Mr. Woollett advised these same recommendations Were being pre. sented to the El Monte City Council also. Merritt moved the recommendations of the Traffic Commission be approved, Dickasor seconded and following discussion-was carried by the roll.call vote as follows: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent :. Councilmen - None. 18. ZONE VARIANCE CASE NO. 60- 4.Re- Proposed Hospital. Permission had been given by the County for an 85 bed hospital and it has been determined the City has the authority to carry on with this case. They now request to raise occupancy to 110 beds which is already approved by the state. In raising occupancy it is necessary to provide more parking as the ratio is 12 spaces for every bed. The request was before the Planning 56 Council minutes of regular meeting of September 12, 1960. Page 5 Commission at their last meeting and they have recommended to the Council granting of this special use permit to increase to 110 beds and to use lot bordering on Santa Anita for parking as well as egress and ingress. Tyrell moved the recommendation of the Planning Commission be approved, raising the occupancy from 85 beds to 110 beds, and to use this lot also for parking as well as for ingress and egress, and the City Attorney be instructed to prepare a Resolution accordingly, Merritt seconded and carried by the following roll call vote: Ayes:-Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn, Noes:Councilmen - None. Absent: Councilmen -None. 19. TEMPLE CITY RESCUE UNIT:' Mr. Woollett read a letter from Mrs. Bess Henderson, 6012 N,.. Sultana, in appreciation of the work of the rescue unit in aiding er husband on August 30• ©. Tyrell moved to forward the letter 'to the Fire Department, Merritt seconded and carried. 20. RESOLUTION NO,. 60 -76 - Warrants & Demands. Merritt moved to adopt Resolution No. 60.76, warrants and de.,. mends in the amount of $4052.91, #197 through #2.17, Tyrell se- conded, and carried by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn, NOES: Councilmen.Noner Absent: Councilmen -None. 21 COMMUNICATIONS: Woollett read a letter from the Pound Dept. re- recent amendment to the County Pound Ordinance, Following discussion Buchan made a motion to file the letter, Dickason seconded and carried. A letter was also read by Mr. Woollett from Mr. Ed Howser in appreciation of the cooperation of the City in the Funsterama parade which was a huge success. Tyrell moved to file the lette. seconded by Dickason, and carried. Woollett read a resolution of the City of Mirada Hills re the apportionment of gas tax to cities within the county, which is primarily the same as those presented to the Council from several other cities. Dickason moved to file this resolution from the city of Mirada Hills, and requested it first be cir- culated, Tyrell seconded and carried Shatford stated he had again discussed with Mr. Wells the option on his lot, and he had set a selling price figure of $15,000, and also that Mr. Wells advised he was going to take some dras- tic steps regarding the lot unless something is done by the merchants or city. Shatford said Mr. Wells will now give an option at $15,000., and requested the matter be put on the agenda of the next. Council meeting, and will leave a prepared resolution for the council members to consider. The Mayor requested Mr. Woollett to get three appraisals on the lot also. Shatford advised the League of Czlif. Cities recommend rather than posting individual Bonds for over - weight trucks, a method worked out whereby truckers can file an insurance certificate with cities. The League of Calif. Cities recommend this be enacted by all cities having trucks passing over streets. 22, TIME RESERVED FOR THOSE IN AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL: Mr. Albert Ansbaugh, 6109 Camellia Ave., spoke about parking and parking signs, stating Mr. Woollett has letters they circulated asking the Council to re- consider parking time along presently metered streets, and to consider parking fine. Mr. Woollett read the letter requesting 2 hr. parking time on Las Tunas and side streets, and penalty not to exceed $1.00, also to be the same on the parking lots. He stated that there are presently posted some 100 signs for 1 hr. parking, and to 57 Council minutes regular meeting September 12; 1960 page 6 change them to read 2 hr. time would cost $5.00 apiece. Buchan stated that this was a test period, and many of those making the request were here when the ordinance passed and could have protested at that time. He felt we should let it stand as is until we have proven whether or not we want the meters or not,: and can then consider any changes. Al Stoppe1,9621 Las Tunas, felt it a mistake to leave it at 1 hr. especially during coming season. He felt itto our advan- tage to put a 2 hr. parking limit on, with a $1.00 fee. Mr. Teitelbaum, 962.1 Las Tunas Ave., agreed with Mr. Stoppel and that it was important to the merchants and people of Temple City.. Leora Blessinger, 9659 Las Tunas, stated there was considerable reaction among customers regarding a $3.00 fine, and any commun- ity around here is $1.00. Mr. Gross, 9476 Las Tunas, Stated he had no parking problem but but thought the Council might consider a courtesy ticket for people who park in Temple City, which would keep the town on a free basis with customers. Carl Mazurik, 5504 Violet, suggested as it cost $5.00 per sign to change time limit, possibly merchants would be willing to pay the $500. Lt. Baker of the Sheriff's Dept. stated before the meters the fine was $5.00, and the complaint then was cars were parking two or three hours, and ( do not think the limit is going to change the problem one bit. Dickason felt the merchants woul be interested in turn -over. In respect to fine we agreed on $3.00 and there were no com- plaints when the Resolution was acted upon. Many would pay the $1.00 and stay indefinitely. Merritt stated some salesmen he had talked to where there were $1.00 signs were too busy to move the car so ,have paid the fine. Mr, Rhynsberger stated 180 salesmen call in the city so with 180 salesmen parking two hours each where would the customers park? Mr. Sam Braeger, stated on the letter were 24 names representing your merchants who saw fit to ask for this, and especially re- garding the $3,00 fine, simply invites people to take their business elsewhere, as West Arcadia has no charge of any kind. The Merchants Committee of Temple City ask that you consider it. Georgia Mary, 9823 Hallwood Dr, felt by the high fine the purpose of removing meters was being defeated. Dickason would go along to reduce fine and keep signs. Dickason then made the motion that the City Manager be instructed t poll the available merchants who have meters in front of their stores and report back at the next Council meeting. Mrs. Blessinger stated the merchants will be happy to help in the poll, Tyrell seconded the motion made ley Dickason, and carried by the following roll call vote: Ayes: Councilmen- Buchan, Dickason, Merritt, Tyrell & f=itzjohn. Noes: Councilmen -None. Absent: None. Mrs. Kugler of La Rosa Dr, requested stop -signs at La Rosa Dr. & Arden. The matter was referred to the Traffic Commission. 58 Council minutes of regular meeting of September 12, 1960.Page 7 23, Tyrell discussed the franchise agreement with the Community Dis- "e( posal Co. stating he objected as he did not have adequate inform ��I' *�"�' 1 °z' ation to vote on the contract at that time, publicly and for `d�`r°`Y' the record. Since that time he has made a survey of adjacent neighboring cities as to contents of their franchises and come up with 19 provisions which are not in our contract and i think most of them desirable and could have been in our contract. 1 personally objected to it at the time and i do not feel this is a problem of the rubbish organization, but a problem of the City Council, and if gone about in the proper manner we could have , had Mr. Woollett make a-survey of contracts in the area and recommendations to us. The only time we need a franchise is when we have e problem. The organization could change hands by sale or death or something. Also it was not a negotiated con= tract. We have bound the city by a contract which assures very poor protection for the City. 1 do not propose to set aside the contract, nor to speak against the franchise, but to back up my protest that it is not the way for a city to enter into a con- tract. Fitzjohn stated he felt the judgment of tha other four council- men was under-estimated, and if Mr. Tyrell can prove that any of these items would be in the contract he would agree with him, City Attorney Shatford stated he was in accordance with Tyrell that all items should be considered, and noted that Tyrell had not made the allegation that these items were not considered. Shatford stated he went over the contract before it came in and agreed with the Mayor that it is a good contract. First we are different than neighboring cities in that the City gets $300.00 per month to start with. Also the Labor Code Provision prohibitL aliens from labor in public works. Also re-listing of equipment the City Manager in our contract has the right to check equipment and at any time may have it checked by the Dept. of Motor Ve- hicles, Regarding a health examination, this is nominally not required in rubbish contracts. Re painting once a year, contract states equipment shall be acceptable and approved by the City Manager, kept clean and in good order, and flushed out daily,& they are not going to employ felons or people convicted of felony. Re- fees. the law states the prevailing party shall pay reasonable attorney's fees as f+xed by the Court. Re -your items 11-12-13, the bond furnished is what you have to look to for performance. 1 think the contract an excellent one. Buchan stated in analyzing the 19 different points listed out of six cities one has 42% of the 19 items, several cities only considered 5% of the 19 points.. Buchan made a motion that a committee be appointed to consist of Jack Tyrell, Henry Shatford, Francis Melton, Jack Beckley, and his manager in an advisory capacity, and William Woollett,' and have them go over the contract and discuss amongst themselves and if any changes are considered vital or necessary to benefit of each one of us, they will recommend positive changes back to the Council at the next regular scheduled meeting on any definite chances which would be made in the contract, Dickason seconded, carried by roll call vote as follows: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn. Noes: Councilmen -None. Absent: Councilmen -None. Tyrell stated his argument was simply t the manner in which contract wes entered into. Dickason felt con- tract was negotiated and that it is a fine contract. 2L. Buchan moved to adjourn, Dickason seconded, and carried, at 10:30 P. M. until September 26, 1960. ATTEST: City Clerk Mayor 59