HomeMy Public PortalAboutCity Council_Minutes_1968-12-23_Regular 1968ADJOURNED MEETING
C O U N C I L M I N U T E S
CITY OF TEMPLE CITY
DECEMBER 23, 1968
Mayor Briggs called the adjourned meeting of the City Council
to order at 7 :05 p.m., following which he led the Pledge of Allegiance
to the Flag.
ROLL CALL:
PRESENT: Councilmen - Beckley, Harker, Merritt, Tyrell, Briggs
ABSENT: Councilmen -none
City Attorney Martin advised that this was the time and place
for which the Street Lighting District was continued for the purpose
of decision, and so that the record is complete, he advised Councilman
Tyrell his letter was read to the Council at December 19 Adjourned
Meeting, to wit he had in fact listened to the tape and reviewed the
file, and asked Councilman Tyrell to verify that he was cognizant of
the pros and cons. Councilman Tyrell affirmed that this was true.
City Attorney Martin inquired of Councilman Beckley whether he had
read the file and all of the protests. Councilman. Beckley affirmed
that he had read all of the protests,ithat he had also read all of
the minutes very carefully and had listened to portions of the tape
so that he was apprised on the matter.
City Attorney Martin inquired if there was a challenge relative to
Councilman Tyrell and Councilman Beckley participating in the continued
discussion and ultimate decision in regard to the formation of a
city -wide lighting district. Boyce O'Bannon, 10316 Olive Street,
addressed the Council to the effect that he had received legal advice
that the public hearing was closed on December 17, 1968, and not post-
poned, and that he seriously questioned the right of Council members
who were not at that public hearing to sit in judgment and overruling
tte objections raised. While Mr. O'Bannon did not, forthright, challenge
Councilmen Tyrell and Beckley, City Attorney Martin advised that his
statements would be understood as a challenge. Councilman Tyrell
stated that it would be proper, insofar as the issue of overruling of
protest on hand, and not on the main issue itself, and that there would
be no issue. Councilman Beckley affirmed. City Attorney Martin advised
that there were, therefore, two disqualifying issues, that if the protests
were overruled, there is still the question of whether we are going ahead
in the formation of the city -wide lighting district. He suggested as .
a partial solution, the reopening of the public hearing as a full
Council, since the people had been invited to this adjourned meeting.
It was determined that persons present in the audience included informed
citizens who had spoken at the December 17 public hearing.
Councilman Tyrell moved that in order to bring the matter to issue,
that the public hearing be reopened to take additional testimony on the
issues involved, seconded by Commissioner Merritt. City Attorney Martin
advised that there still may be the possibility that the meeting of the
19th, as well as that this evening, would not constitute a part of the
basic hearing, that these meetings would constitute additional dialog
in order to reach appropriate conclusions, that the motion was in order
on this premise. There were no objections to the motion and it was
so ordered.
Mayor Briggs declared the public hearing open.
Mrs. Alex Duncan, 6452 Livia, stated that she felt Temple City
should have its own lighting district, but expressed concern Chat the
people did not know what the City was trying to offer. Councilman
Tyrell explained to Mrs. Duncan that there are many portions of the City
where the Council felt that it was necessary to be lighted, just as hers
was, and that the way this can be accomplished is to establish a light-
ing district, so that the City of Temple City can control it. He
explained that if we must delay now on the formation of the district, we
will find that the placing of lights will likewise be delayed in excess
of a year, that in view of this time of civil unrest and other types
Council Minutes, December 23, 1968 - Page 2
of things the Council has felt and deemed that it is highly desirable
that these lights come in - -that there is a direct correlation between
residential lighting and residential crime. To delay the lighting is
to subject our people to an additional year of apprehension of some
type of crime which might occur. In view of that, he asked Mrs. Duncan
if she still felt the City should delay in forming a lighting district,
and further, if she or anyone she knew, on the basis of fact - -not on
the basis of lack of information, has any fact which is in derogation
of establishing the district. Mrs. Duncan replied that there were
actually none.
Mrs. Bertha Rains, 6438 Golden West, advised that she would like
to clarify one point- -that her objections had primarily been the way it
was presented to the public. Following dialog, Councilman Tyrell
inquired that since she now has the facts, based on these facts, did
she have anything against the formation of the district. Mrs. Rains
stated that she felt it would be an equitable means for everyone to
pay their own residential lighting and their fair share of intersection
lighting. Councilman Tyrell then noted that this matter had proceeded
through the various steps in good faith, having been included in the
preparation of the budget beginning last February, through its final
adoption by the Council in June; the authorization by the Council for
the engineering firm of Krelle and Lewis to prepare the feasibility
study and the evaluation of this study by the Council, and the legal
requirements involved for the public hearing, all of which could not
in his mind constitute "railroading" of the issue. He inquired of
Mrs. Rains if she also shared this conclusion with him, to which she
agreed, however she felt not everyone would be so informed and so
disposed.
Mr. John Grabowski, 4851 Baldwin, inquired if the new district
will provide better lighting on 3aldwin. He was advised that this
is on the top of the list as a select system street, but that not very
much can be done prior to the formation of a city -wide district. Mr.
Grabowski advised that he was for the district.
Boyce O'Bannon, 10316 Olive Street, advised that he had read the
report of the engineers, Krelle and Lewis, since the last meeting.
He advised that it was a very fine 'and thoughtful report. He stated
that he had been concerned about combining the four districts into
one, particularly the business - commercial area, and felt that while he
was fully in accord with the lighting district, he would like to see
the cost for the commercial area come from some other source. Council-
man Tyrell inquired if there were any fact that he felt would mitigate
against the formation of the district, not based on the mood of the
people, but on fact. Mr. O'Bannon advised that there were none, that
he was in accord with the formation of the district, but that he would
like to see it postponed.
Victor Sabino, 5211 N. Doreen, advised that he lived in an area with
only intersection lighting. He felt that the matter had been hastily
contrived. He was advised that it had been sometime in the planning
and that because of the December 31 deadline in order to become effec-
tive by July 1, 1969, that it had been necessary to set the public
hearing at this particular time. If it is postponed it delays for
one year the implementation of assisting the people toward a first
rate lighting system for the years ahead.
Robert Bock, 5328 Encinita, advised that he felt that most of the
citizens in the community were for the lighting district, that since
only those who were opposed had been invited to appear and it was a
protest type of hearing, there was a misconception as to the general
feeling on the issue. He stated that he was for the formation of the
district, and that every citizen in the community was going to benefit
from it.
Tom Atkins, 5428 Cambury, advised that the people on his block
were for the lighting district, and that he felt that it was time that
the City took steps to provide the lighting that most people expect
should be forthcoming.
Council Minutes - December 23, 1968 - Page 3
Harry Scheibel, 10317 Olive, advised that he was interested in
more street lighting for Temple City. He wanted to know how many and
at what locations lights would be placed, and was advised that this
would be determined by the type of street, amount of traffic, width,
etc., on an engineering basis, with the ultimate conclusion to have
the entire city properly lighted. Mr. Scheibel said that he was
definitely interested in the formation of the district.
There being no one else who wished to speak, it was moved by
Councilman Tyrell, seconded by Councilman Merritt to close the public
hearing. It was so ordered.
Councilman Merritt moved to overrule the protest as made, which
would not be binding to the Council but to give jurisdiction to the
City. Motion seconded by Councilman Harker and carried by the following
roll call vote:
AYES: Councilmen- Harker, Merritt, Briggs
NOES: Councilmen -none
ABSTAINING: Councilmen- Beckley, Tyrell
Councilman Merritt moved that we adopt resolution 68 -881 creating
a consolidated lighting district, Motion seconded by Councilman Tyrell.
Councilman Merritt advised that he had not received any factual
information that would have him determine otherwise than having the
district.
Councilman Tyrell stated that there have been no facts against
the formation of the district. He advised further that he had been
receiving calls from the public favorable to its formation.
Councilman Beckley advised that the Council itself is trying to
become well- informed on this and that it was one more thing to upgrade
our city to give us the things we need if we are to go further.
Mayor Briggs advised that he had been contacting people over the
weekend and felt that there were . various conceptions and feelings by
the public toward the City, and felt that more time was needed to go
back and inform the people.
Councilman Harker noted that residential areas requesting them
could still get lights just as other areas had in the past, although
ideally through the formation of the lighting district we would be in
a better position to assist in the way the lighting was put in. It
was clarified by the City Manager that property owners on Baldwin,
being a select system street, would not find this practical, though
for other residential areas this would be .true. Councilman Harker
advised further that he too had been conducting a survey of residents
and felt that on the basis of lack of understanding on the part of the
public that the matter should be deferred, that we must be responsive
to the moods and wishes of the people.
Councilman Tyrell stated that he felt it the obligation of the
Council to carry out the legislative functions of the city on the
basis of fact, that in electing them to office the people had entrusted
to them the decision- making necessary to the office, and since there
were no mitigating facts there was an obligation on the part of the
Council to uphold the use of fact.
Mayor Briggs called for a roll call vote on the motion, which
was defeated by the following vote:
Council Minutes, December 23, 1968 - Page 4
AYES: Councilmen - Merritt, Tyrell
NOES: Councilmen- Beckley, Harker, Briggs
ABSENT: Councilmen -none
ADJOURNMENT
Councilman Tyrell moved to adjourn at 9:15 p.m. Motion seconded
by Councilman Beckley and so ordered. The next regular meeting of
the City Council will be held on Tuesday, January 7, 1969, at 7 :30 p.m.
in the Council Chambers of the City Hall, 5938 North Kauffman Avenue,
Temple City.
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