HomeMy Public PortalAboutCity Council_Minutes_1961-05-22_Regular 1961CITY OF TEMPLE CITY
TEMPLE CITY, CALIFORNIA
MINUTES OF REGULAR MEETING OF
THE CITY COUNCIL, MAY 22, 1961
1, INITIATION:
The regular meeting of the City Council of the City of Temple
City was called to order by Mayor Fitzjohn who led the Pledge of
Allegiance to the Flag.
The invocation was given by Rev. Dennis Savage, Christian Church,
9723 Garibaldi,
2.
ROLL CALL:
PRESENT: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn
ABSENT: Councilmen-None
ALSO PRESENT: Atty. Tom Lumsdon, City Atty. Henry Shatford,
Planning Adviser Edwin Holden & City Manager ''.:ollett
APPROVAL OF MINUTES:
Councilman Dickason moved to approve the minutes of the regular
meeting of May 3, 1961, as mailed, Councilman Buchan seconded,
-roll call vote as follows:
RYES: Councilmen - Buchan, Dickason, Merritt, Tyrell S Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
The Mayor called for item 13 on the agenda at this time due to
the large number of people in the audience interested in this
particular action.
13. RECOMMENDATIONS FROM PLANNING COMMISSION: Res. 61 -3PC recommend-
ing approval of requested special use permit of Geo. E. & Grace
L. Rust, 5610 McCulloch St.: Discussion.
Mr. Ed Holden from Regional Planning and advisor to the Temple
City Planning Commission explained the request, also that the
Mannino Commission after much study and discussion had approved
the special use permit subject to certain conditions, all of
which have been met, and therefore are recommending epproval
by the Council.
Mrs. Eric McCrudden, 5620 N. McCulloch, Temple City, spoke oppos-
ing the granting of this request representing the home owners in
the area. The Followinc people also spoke in opposition:
Mrs. Jos. Valdez, 5621 McCulloch, John Clark of 1O'75 Daneswood
Or., Richard Barry of 10793 Danesweod Dr., Mrs. Richard Barry
of 10793 Daneswood Dr., Mr . Eric McCrudden of 5C,20 McCrudden.
Mrs. Ruth Brenning, real estate agent, stated she had listings
on adjoining properties to the Rest Home, and that none has been
sold to Mr..'Rust as stated by•the opposition.
Mr. Montpas, attorney for Mr. Rust, stated that all conditions
requested by the Planning Commission had been met, that the
zoning was r i cht for the Rest Home, and it had been approved by
both and State as a Rest Home.
Mr. Meek of the Planning Commission addressed the Council repudr
iating statements made by Mr. Rust at the Council meeting of
April 24.
At this time the Mayor stated nod: ody makes decisions for this
Council and he hopes all the people in Temple City know that.
Councilman Buchan stated the Rest Home at present is not con-
spicuous in the neighborhood, but felt if a 16 Ft. sign was
erected he felt it would identify commercial in the neighborhood.
Councilman Dickason stated his opinion as follows: "This is with-
out a doubt, the most difficult decision I have had to face in
the first year of our cities' existence. I hove listened care -
fully to arguments presented by both sides of the Planning Com-
misaion meetings. Both sides have stated their viewpoints well.
The zoning problems which we inherited just one year ago when we
became a city are serious. There is no easy solution to them.
We have confidence that the Planning Consultants recently hired
by the City will show us the way toward solving some cf them
and trust that the City will benefit as a whole.
163
Council Meeting, May 22, 1961, page 2
Sunday morning I and one of my colleagues took a tour on the
property in question and looked at the surrounding neighborhood
as well. This was my third special trip to look at the neigh-
borhood since the case came up. Last evening from ;7 to 10 P. Mr
i was here at the City Hall listining to the complete tape tran-
script of the Planning Commission meeting and looking at the
aerial map on the wall behind us.
After carefully evaluating the pros and cons of all the testimony
I have reached the decision that we should not turn down a reas-
onable expansion plan for this rest home now existing in an A -1
zone. Let me assure Mrs. McCrudden that noone knew of my opinion
in advance to now and I resent any insinuations that the appli-
cant had any advance knowledge of my decision.
May I summarize the more salient points for my decision.
1. It is a question of exoandinc an existing rest home,
is in an A -1 zone and not a question of granting a new
use permit.
2. The ?resent plan for 11 additional beds is more than a
50% decrease from the original request for 25 addit.iona
beds. Nearly all the objections have been met such as
a residential look, a o ft, wall and off street parking.
3. A large portion of the lot is unused having fruit trees
on it. The new plan and buildings will be a hip im-
provement over what now exists. If turned down the
owner could build three more houses on his 21,'::00 sq.ft.
causing as much density and probably more traffic.
4. The 20 beds is equivalent to R -2 density, or 100 sq.
ft. per person. This is comparable to my own home where
I have 300 sq. ft., a wife and 4 children (1200 sq.ft.)
I t is possible that I could live on a minimum lot size
of 5000 sq. ft. which would c;ive us a density of 830
sq, ft. per person.
5. The grove social problem cf what to do with our needy
elderly in their twilight years is with us and will be
with us long after this case is forgotten. Let us hope
it is not your personal ero lem in years to come,
These are the basis for my decision, I invite all of you to
help your Planning Commission to solve some of the zoning; pro-
blems by coming to their meetings and making suggestions. This
will be the only way we can make a better Temple City."
Councilman Merritt stated he visited the property in question
and after looking it over felt any improvement would be a great
one. From statements made tonight problem seems to be something
of this nature in a residential zone. The wall does not neceasar
ily blend in with the area.
Councilman Tyrell stated numerous petitions have been denied on
basis of the Master Plan for the City, and felt the Council
would be derelect in granting the permit. He would be as a polio;
in favor of maintaining the status quo, and would commit himself
that this is an improper time to consider this or any other vari
ance or chance from our status quo.
Mayor Fitzjohn stated there will be ample parking in the rear
with exit and entrance, with no change in the appearance in the
front, the brick wall will be raised to 6 ft, the number of beds
lowered from 24 to 2.0 beds and we would be unfair in not grant-
ing this,
Councilman Dickason made the motion that the recommendations of
the Planning Commission be approved and that the request for a
special use permit for this prcporty be approved, and that the
City Attorney he instructed to prepare a Resolution accordingly.
Mayor Fitzjohn seconded, roll call vote as follows:
AYES: Councilmen- Oickason, Fitzjohn
NOES: Councilmen - Buchan, Merritt, Tyrell
ABSENT: Counci lmon-None.
At this time Mayor Fitzjohn declared a five minute recess.
164
Council Meeting, May 22, 1961, page 3
6, ORDINANCE NO. 61 -43, 2nd reading. Cty Attorney Shatford read
title to Ordinance No. 61 -43 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY, CALIFORNIA, OF INTENTION TO PROCEED
UNDER ARTICLE 5 TITLE 5 , D I V I S I O N 1 OF THE GOVERNMENT CODE
(PUBLIC SERVICE EASEMENTS VACATION LAW) TO VACATE EASEMENT.
Councilman Dickason moved to waive further reading, Councilman
Buchan seconded, roll call vote as follows:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
Councilman Dickason moved to adopt Ordinance No. (,1-4 3, Councilman.
Buchan seconded. Councilman Tyrell was concerned with the Master
Plan, also that the subdivision is Going in here. City Attorney
Shatford stated he would recommend tc the Council that they adopt
and then abate anything after the public hearing until such time
as the map is brought in for approval, and if not approved we do
not have to vote to vacate the easement. This is designed only
to vacate this easement simultaneously with approval of the map,
withholding any zone change until the proper tract map is brought
in and approved and this is part of that. When the tract map is
approved the subdivider will be in a position to proceed, but
otherwise if he has to wait to have the easement vacated it would
be a considerable time. You are adopting the ordinance but have
to hear the people who object to vacation on June 12, and you can
recommend at that time that easement be denied if you so desire.
Roll Call vote as follows:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn
NOES: Councilmen-None
ABSENT: Councilmen -None
;r. DOUBLE DRIVE & FREER STS. - TRAFFIC SIGNAL MAINTENANCE AGREEMENT.
City Manager ' -Jool Jett expTa i ned Ity executing this agreement at
this time would avoid any delay . in putting the signal in operatio.
when installation is completed. The City will pay 1/2 of the
energy cost, and the county one half. it has been designed,sur-
vey conducted, and in next few weeks will be installed. This is
the same form agreement we already have with the County for
signals within the City. I recommend the Council authorize the
Mayor and the City Manager to execute the traffic signal main -
tenance agreement, Councilman Tyreli so moved, Councilman Buchan
seconded, roll call vote as follows:
AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
TERM OF OFFICE OF MAYOR;
Councilman Buchan stated it is practice and policy of surrounding
communities to have a Mayor des i c:;nated for the term of one year.
Some of the communities have even cut it down to a period of 3
months based on the theory that each councilman based on period
of office should have title of Mayor. It is a title only and
merely designates chairmanship of Council. He recommended a term
of one year and as our year starts on May 25, that term be as of
May 25 on. Councilman Dickason felt the same and stated the var-
ious City Councils of other towns seem to think this is a good
technique. Councilman Merritt feat the one year term would pass
the chairmanship throughout the Council or the Mayor returned to
the office when exaedient. Councilman Tyrell moved to make the
term of office of the Mayor to '^ . one year, Councilman Buchan
seconded. Cite Manager ';Jooliett recommended the motion also in-
clude the Mayor Pro Tem. Councilman Tyreli amended his motion to
include the Mayor 'ro Tem. Councilman Buchan seconded the amend-
ment. The .fo s l ,ow i ne people spoke recommending Mayor Fitzjohn be
returned to office; A. L. Nunnamaker, Carl Clark, G, M. Geoffrey,
Loren Dennison, Milo Rhynsburger; Al Stopper, Jacob Gunst. Coun-
cilman Tyrell sta:td first of all we are not determining who is
going to be mayor or next year and second there is not anyone in
this world that cannot be replaced, and thirdly I do not think
this town needs a patriarch or depends on any one person, and the
city will go along without regard of particular attributes of any
one person. Roll call vote as follows:
165
Council meeting, May 22, 1 S61 , pace -. .
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
REQUEST FOR D :NCE . &. ENTERTA I LAMENT LICENSE: HAL J, BROA'•DHEAD
City Attorney Shatford requested consideration of this item at
this time, and recommended that this be put off until the next
Council meeting and request Lt. Baker of the Sheriffs Dept. to
make an investigation of the background of applicant because
regardless of the situation the city should have this informa-
tion. The Council would all benefit greatly by talking to Lt.
Baker following investigation in considering this application
and you should have benefit of his thinking in this regard. When
granting one of these you have a duty to the public to investi-
gate, so he recommended a motion be made to put off decision
until next meeting and have the Sheriffs Office render a report.
Councilman Tyrell so moved, Councilman Merritt seconded, roll
C-111 vote as follows:
AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen-None
OFFICE OF MAYOR & MAYOR PRO TEM
Councilman Buchan made the nomination of Howard Dickason for
Mayor of Temple City for the ensuing year, Councilman Merritt
seconded. Councilman Merritt moved nominations be closed, Coun-
cilman Buchan seconded, roll call vote as follows:
AYES: Councilmen- Buchan, Merritt, Tyrell & Fitz;ohn
ABSTAINING: Councilman-Dickason
NOES: Councilmen-None
ABSENT: Councilmen -None
Councilman Tyrell nominated T. Donald Buchan as Mayor Fro Tern,
Councilman Merritt seconded, roll call vote as follows:
AYES: Councilmen- Dickason, Merritt, Tyrell & Fitzjohn
ABSTAINING: Councilman- Buchan
NOES: Councilmen -None
ABSENT: Councilmen-None
Mayor Fitzjohn at this time thanked Mr. & Mrs. Maxey for the
beautiful floral arrangement presented to the City.
APPOINTMENT OF T: \0 PLANNING COMMISSIONERS:
Councilman Buchan nominated Rey C . Johnston to f i l l the vacancy
of Commissioner Burr for a four year term. Councilman Merritt
seconded, roll call vote as follows:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn
NOES: Councilmen-None
ABSENT: Councilmen-None
Councilman Dickason moved to table the appointment if the sec-
ond Commissioner until the next meeting, Councilman Buchan se-
conded, roll call vote as follows:
AYES: Councilmen- Buchan, Dickason, Fitzjohn
NOES: Councilmen- Merritt, Tyrell
ABSENT: Councilmen -None
10. 1,:;61-62 BUDGET:
City Manager :,ioolJett presentee: the proposed budget and stated
at the end of this fiscal year will have a fund balance of
$400,710. If t + -: e budget is acs - :: ted: as recommended the fund bal-
ance at the end next fiscal ■-z:ar will be $12,O20. T.he re is
plenty of time to consider the budget. Office copies are avail-
able for the pule 1 i c. He suggested the Council hold public bud-
get sessions in the City Hall as follows:
May 25 Thursday night to consider General Government
June 1 Thursday night, Safety
June 6 Tuesday night, `-u'1 is ':'forks -1st portion
Jun. 13 Tuesday night, Public .‘Lorks-2nd portion n
June 15 Thursday night, ~u l i c Health and Parks & Recrea-
tion.
He recommended these to be public hearings and held at ':30 P.M.
in the City Hal l , and also recommended that the staff be allow-
ed to bring in various individuals to provide information.
166
Council Meeting, May 22, 1(.;o1, Page
Councilman Buchan moved that we set public hearings up as recom-
mended by the City Manager, Councilman Tyrell seconded, carried
12. RESOLUTION No. '. l -1 37; WARRANTS & DEMANDS MOS. 352; THROUGH 559
I N THE SUM OF W,405.05.
Attorney Lumsdon read title to Resolution No. 61-137. Tyrell
moved to adopt resolution No ,:::,1-137, Councilman Buchan seconded.
Roll call vote as follows:
AYES: Councilmen-Buchan, Dickasc ?n, Merritt, Tyrell & Fitz ;ohn
NOES: Councilmen -None
ABSENT: Councilmen-None
COMMUNICATIONS:
1. City Manager '. ool Lett read a letter from the L. A. County
Boundary Commission re Annexation #I5, South E l Monte.
Councilman Tyrell moved to receive and file, Councilman
Buchan seconded and carried.
2. Woollett read a letter from the City of Duarte incl :sin i
their Resolution No. 61-44 declaring its opposition to le-
galized gambling in their city:. Councilman Tyre/1 moved to
receive and file, Councilman Buchan seconded and carried.
3. Woollett read a letter in full from Lucian G. Bruner advis-
ing of his resignation from the Traffic Commission as of
June 8 as he is tp be transferred. Councilman Tyrell moved
to direct the Mayor to accept with regret and express appre-
ciation for his services. Counc. i lman VDickason agreed state
i no Mr. Bruner was one of the finest workers in incorporation
and the community owes him a lot. Woollett stated he would
like to suggest that the Council consider the apoointment
some time during the next month and also authorize a scroll
be made to present to him. Councilman Buchan so moved,
Councilman Merritt seconded, roll call vote as foll=y:
AYES: Councilmen- Buchan, Dickason, Merritt, Ty•rell,F :itzj .cjhh
NOES: Councilmen-None
ABSENT: Couno i lmen -None
4. City Manager Woollett read a letter from Mrs. ilary Terry
asking if were any way the City could provide band
uniforms for the Temple City Hi gh School Ram Band. Council-
man Tyrell stated it was not in the province of the City
Council. Mrs Terry was present and said her purpose was not
to ask the City Council but that possibly through them could
develop interest in the proect as they are badly needed.
Mayor F i tz_a ohn stated it was an excellent idea and suggested
it be presented to the Cocrdinatino Council at their net
meeting. Mrs. Geo. Liden, r s.. of the Quota Club stated
they were trying to arran pe the band project with other ser-
vice organizations in the City, and she felt if the Council
would back them up it would get things going.
Mrs. Bertha Rains,6L:r Golden :A!est, read a letter from the
Temple City Volunteers Committee for the Hollywood Bowl, re-
questing the Council to sponsor Teen Night at the Hollywood
Bcwl this year. The tentative date is set for Friday, July 7,
and the program "The Turbulent Twenties" with Skitch Henderson,
She requested this be . i nc 1 uded in the summer recreation program,.
This will be referred to the Recreation Commission.
City Manager Woollett advised the students from the Temple City
High School who are going to take the place of City Officials
on Thursday were present and he invited them to come forward
and introduce tin imselve s, as f ;1 1 ows: Counc i lmen Ed Cl i sby and
Ken Ehlers, Car :1 Banbury and Bar'--ara McBride, Mayor Dave
Strouck; City Manager Don Huse.
Councilman Dickason read a letter from Govenor Brown regarding
the Governors Conference on Juno 12 and 13. It was decided that
it was not essential that anyone attend. Councilman Buchan
moved to receive and .f i le, CouncHman 1man D i ckason seconded, carried
Mayor F i tz_ ohr had- a letter from th. :o Go error stating he w i l l
not be able to attend the Anniversary Celebration. Councilman
Dickason moved to receive and Me, Councilman Buchan seconded
and carried
167
1
1
Council Meeting, May ?", 1961, pace
City Manager'.^.':collett read fist of fireworks stand applications:
Church of Latter Day Saints, stand located on Rosemead north of
the Pancake House: the Y.M.C.A located at Las Tunas & Rowland:
the American Legion on the northwest corner of Las Tunas and
Agness; and the Rotary Club at the southwest corner of Alessandro
and Las Tunas. The Fire Dept. will process and inspect construe
tion for compliance to ordinance, Councilman Merritt moved the
processing be instigated, Councilman Buchan seconded and carried.
City Manaeer`.`oallett stated in order to receive funds allocated
to our City cut Gas Tax Fund of the State we must submit a
request prior to June 1 for these funds. We have the project
statements and resolution to d3 this. This simply gives the
state required notification that we intend to spend the money
and want it here in the bank. The estimated amount available
is $100,, i C. The oOJC. which is ours for enoineerine L request-
ed separately. it is not what we are going to spend it f r
but we do want the money here :i in the bank. The request is for
you to give the Mayor and City Manager authority to sign the
Statements and Resolution, Counc i l man Buchan moved to so do,
Councilman Di ' <ason seconded, and carried.
Mr. !'Tool Lett read a letter from the Legion 'Auxiliary for per -
mission to sell , :oppies on May and 27. Councilman Dickason
moved to grant permission, Councilman Buchan seconded, and carri-
ed.
City Manager `:'foul Lett read a letter From Mr. Jos Col l i reer,
suggesting the Little League Bali Park be named for Berry Babcoci,
and called the Barry J. Babcock Mem:'rial Stadium Ball Park.
Councilman Buchan: moved to refer to the Parks Er Recreation Com-
mission. Councilman Dickason seconded and carried.
Councilman Tyrell moved to adjourn, Councilman Buchan seconded,
and carried. Adjourned at 1C:'30 P. M. Next regular Council
Meeting at the City Hall at 7:30 ?. M. on June 12,
168