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HomeMy Public PortalAboutCity Council_Minutes_1969-09-25_Regular 19691 1 1 COUNCIL MINUTES CITY OF TEMPLE CITY ADJOURNED MEETING SEPTEMBER 25, 1969 INITIATION: 1. Mayor Harker called the adjourned meeting of the City Council to order at 7:30 p.m. 2. The invocation was given by Rev. Frank Hamilton, Temple City Christian Church, 9723 Garibaldi, Temple City. 3. Mayor Harker led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen: Briggs, Merritt, Harker ABSENT: Councilmen: Beckley, Tyrell ALSO PRESENT: City Manager Koski, City Attorney Martin, Assistant City Manager Recupero Councilman 3riggs moved that the absence of Councilman Beckley be excused because of illness, and that of Councilman Tyrell because of a Contract Cities meeting, seconded by Councilman Merritt and carried. PUBLIC HEARING: 7:30 p.m. Re. Formation of Consolidated City -wide Lighting District Mayor Harker advised that this was the proper time for the Public Hearing relating to a consolidated city -wide lighting district, and inquired if proper notice had been accomplished, which was affirmed by the clerk. Mayor Harker declared the Public Hearing open. City Manager Koski reviewed the steps taken to date relative to formation of a consolidated city -wide lighting district, as follows: July 15, 1969 - Council received report from Lighting District Study Committee - referred to a Study Session Aug. 5, 1969 - Resolution No. 69 -939 adopted, ordering City Engineer to make a preliminary report Aug. 5, 1969 Retention of entineering firm of Krelle & Lewis as Engineering Consultant Aug. 5, 1969 - Retention of City Attorney as Special Counsel Aug. 19, 1969 - Council acts on preliminary report and determines that district shall consist of two zones, "A" and "B" Aug. 19, 1969 - Accepts proposal of Krelle & Lewis to update study Sept. 2, 1969 - Updated study accepted Sept. 2, 1969 - Resolution No. 69 -944, Resolution of Intention, adopted Sept. 2, 1969 - Resolution No. 69 -945, setting Public Hearing for September 25, 1969 at 7:30 p.m. in the Council Chambers of the City Hall, adopted Council Minutes, Adjourned Meeting September 25, 1969 - Page 2 Sept. 7 & 10, - Notice of Public Hearing published in 1969 Temple City Times Sept. 11, 1969 - Completion of Posting of Notice of Public Hearing by Street Superintendent William Krelle, Krelle & Lewis, described the proposal, out- lining zones '"A" and "B" by use of exhibits, anal provided • estimated .cost of Zone A..at..$.:.. -1.87.1 and. Zone B .e.t ..$ ..0453 per $100 of assessed valuation. The ifollowing correspondence was °received and read•by the City Attorney, protesting the proposed district: Christine M. Bachman, 9926 E. Duffy Verdi L. Harris, 9909 E. Duffy Clara B. Lindly, 5236 Halifax Road Arthur W. Lang, 5606 N. Noel Drive Edmund A. Maher, 6239. N. Ivar Chester Pruner, 6226 N. Ivar 7 residents from Welland Avenue and the following correspondence favoring the proposed district: Alex & Henrietta Schipper, 9580 E. Kennerly Mayor Harker invited those present who wished to speak in favor of the proposed district to speak: Tom Atkins, 5428 Cambury, member of the Lighting District Study Committee, discussed the efforts of the committee in formulating the recommendations which were accepted by the Council on July 15, 1969. He advised that the letters that had been published in the Temple City Times from two of the members on the Study Committee concerned only a small detail of the overall considerations of the committee where different views were concerned; that the basic recommendation was that the committee was solidly behind a con- solidated city -wide lighting district. David Oakley, 9963 Duffy, stated that he will welcome the formation of the district and will be glad to pay his share for lighting on his street as it becomes available. James Law, 9521 Wedgewood, stated he would be much more comfortable in traveling about the City if lights were provided in all areas. Eugene Mackay, 9660 La Rosa, stated that he was in favor of the city -wide lighting district and everyone paying a fair share. Boyce 0 "Bannon, 10316 E. Olive, member of the Lighting District Study Committee, spoke in favor of the formation of the district, however asked the Council to review the recommendations of the committee, and to reconsider Item 7 relative to a separate zone for the business area. He suggested that consideration be given to provide an exemption to retired persons on Social Security. Robert Bock, 5328 Encinita, member of the Lighting District Study Committee, stated that many people misunderstood the facts regard - ing the proposed district, and felt that it would increase their taxes, while it was very possible it could mean a reduction for the 51% who are presently in lighting districts; and that the 49% who are not in lighting districts may be assessed approximately $2.50 per year for intersection lights for which they are now receiving benefits, but are not assessed. He stated that his recommendation on the committee had been for two zones, with the option that if the business district wanted additional lights they could petition and get more lights at their own expense; that one lighting district with two zones would be cheaper to oper- ate than one with an additional zone for the business district. Council Minutes,...Adjourned Meeting September 25; 1969 - Page 3 Mayor Harker invited those present who wished to protest to come forward. Mrs. Paula Bogorad, 10232 La Rosa Drive, advised that she had not heard all of the explanations relative to how lights were to be paid. Councilman Merritt suggested that other testimony be heard and clarifications made on the various issues as they are discussed, and to listen to Mrs. Bogorad again prior to the close of the hearing. Clifford C. Weeks, 4931 N. Sereno, advised that he was not pro- testing, but seeking information as to how he would be affected personally. He discussed the tax bill of a friend who resided in the Rosemead Lighting District, whose lighting tax was lumped with other miscellaneous items so that lighting costs could not be determined. He was advised that the county tax would be eliminated for those people now in a county lighting district, and replaced with the tax for zone "A" of the proposed lighting district. Donald Gates, 6832 N. Encinita, advised that he was presently in a lighting district and had been most happy with it, however he did, not want to be called upon to pay the installation of another district. He was advised that the rate paid is strictly for the cost of electricity and the replacement of bulbs, and would continue whether in the county lighting district, or the city -wide lighting district. Jean Angelacos, 5103 Santa Anita, stated that lights would be going in whether the poeple wanted them or not, because it was inevitable. It was explained that the formation of the pro- posed district did not mean that lights would be placed all over the City, but would facilitate the City's doing it on the request of the persons concerned and with due public hearing. Marvin Burlingame, 5250 N. Kauffman, requested clarification on the cost of lighting. Particular questions were explained. He also inquired as to the plan for upgrading of lights in the City. It was explained that select system streets would receive the emphasis and should be improved within three years, but that a plan for residential has not been formulated, pending the formation of the district, and the desires of the citizens in the separate areas. Mrs. Sam Kelly, 5708 N. Muscatel, inquired into the paying of the assessment, and how' it- .. would .be accomplished... Mrs. Kelly wished to protest because of taxes. Edwin Caswell, 5668 Sultana, advised that he was presently in a lighting district, and that the posted signs referred to ornam- ental posts, etc., that would be installed. It was explained that areas wishing to install ornamental posts would pay for the type of posts they received separately from the maintenance costs, and that other residents would not be assessed for special lights installed in specific areas requesting them. Mrs. Paula Bogorad, advised that she was now more familiar with the matter, but had additional questions relative to type of poles that would be selected. She also inquired if additional lights were being considered to show street names at inter- sections, particularly on Baldwin. Mayor Harker advised that reflective type of signing will soon be accomplished in this regard. Boyce O'Bannon asked that the report of the Lighting District Study Committee, dated July 11, 1969, be read in its entirety, which was accomplished. Council Minutes, Adjourned Meeting September 25, 1969 - Page 4 It was reported from the audience that two lights had been out for sometime at the northwest and southeast corners of Lower Azusa Road and Encinita. It was noted that this was - outside the City limits, however the proper persons would be contacted to have the lamps replaced. Mayor Harker called for a showing of hands of those in favor of a lighting district with 23 hands counted; those against a lighting district with 13 hands counted. Councilman Briggs moved to close the Public Hearing, seconded by Councilman Merritt. Mayor Harker suggested that, recognizing the fact that only three councilmen were present this evening, that the hearing be left open and the proceedings made available to the other councilmen prior to the next meeting so that all would be eligible to vote on the matter. Councilman Briggs withdrew the motion to close the hearing, with the consent of the second, and moved to continue the Public Hearing to the next regular meeting of the City Council to be held on October 7, 1969. Councilman Merritt seconded, and the motion carried unanimously. 6. PUBLIC HEARING: 7:30 p.m. Re. Complaint Against Natter Tool & Mfg. Co. Mayor Harker advised that this was the time and place for Public Hearing relative to a noise problem caused by the Natter Tool & Mfg. Company operations, 9440 Gidley. It was affirmed that all parties had been noticed, and Mayor Harker declared the Public Hearing open. City Manager Koski advised that the staff had made preliminary survey, and a visit to the site and discussed the matter with both the owner and manager as well as the swing -shift foreman. Mayor Harker invited those who wished to speak in protest to come forward. Jack Riley, 5326 Glickman,(former resident of 9530 Lower Azusa Road) spokesman for the protesters, reported that the matter had first been taken up with the District Attorney's office, however it had not been settled to the satisfaction of those concerned. He stated that Section 731 of the Code of Civil Procedure provides that action may be brought in the name of the State of California by the City Attorney of any town in which some nuisance exists, quoting certain cases, i.e. ss 3.24, 3.27 and 3.28. He also advised that the Code of Civil Procedure provides that when the City applies for an injunction, no bond is required, and stated that the City was in a better position to bring :.. inequity action than were the citizens. He reported on decibel readings on noise emanating from Natter Tool which were as high as 96 on Friday, September 21, with readings in a bedroom at 4515 N. Cloverly at 10 p.m. still at 64; reading on September 22 at 10 p.m., inside, with doors closed, was 80, with bedroom . reading at 72 decibels. He advised that a decibel reading of 72 was equivalent to running a garbage disposal three feet away, and that this was damaging to the health of some of the residents, particularly in that they could not get enough sleep. Mrs. Jack Riley advised that they formerly lived at 9530 Lower Azusa Road and had moved because of her health; that for some- time her blood pressure had been going up and that she thought noise had added some factor. Frank Hutton, 4515 N. Cloverly reported on the condition of his health which had been aggravated by the noise, in that at the same time he was prescribed a sedative for his nerves, the noise counter- acted the sedative so that he could not sleep, and that the doctor had to put him on tranquilizers. He stated that since Labor Day the condition was eased somewhat in that they have stopped working all night. Council Minutes, Adjourned Meeting September 25, 1969 - Page 5 Judy Leach, 4526 N. Cloverly, reported that in aadition to lack of sleep caused by the noise, that the vibrations cause the walls—to vibrate and closet doors to jiggle. The vibrations have caused cracks in the ceiling and a wall heater has loosened from the wall when the threads on a screw stripped away. Mr. Riley asked if Lt. Olmby of the Temple City Sheriff's Station might discuss the matter of complaints that had been received from citizens. Lt. A. W. Olmby, Watch Commander, Temple City Sheriff's Station, advised that he did not have an exact number of complaints lodged, though he was aware of the meetings that had been held at the Station by the citizens to attempt to formulate a program or plan to send to the Council. He advised that Lt. Tollman is the one who handled the complaints and hpd met with both the citizens and representatives from the Natter Mfg. Co. Mrs. Barbara Dunnum, 9425 Gidley, stated that their residence is in M -1 zone, and that they have a kennel at the location. She described the property damage caused by the vibration in that concrete walls and floors have cracked, and that the roof has been damaged. She also stated that her children are not getting sufficient sleep and that it is interfering with their studies. She reported on pro- cedures used by other manufacturers such as Clayton Manufacturing in El Monte, to buffer vibrations to eliminate this problem. Carl Neetman, 9428 Lower Azusa, discussed the distances surrounding Natter Mfg. which are affected by noise and vibration, and discussed ordinances of South El Monte, El Monte, Glendora, Arcadia and Alham- bra who have regulations against vibration, sound, smog, etc. He stated that Alhambra has what is called a performance code that would take care of the problem. He also presented a newspaper clipping relative to Governor Reagan's appointment of an Environmental Quality Studies Council to send experts into different areas to investigate problems to give to the Legislature. Mr. Riley stated that it would be embarrassing to the City and to him if the Study Council appointed by Governor Reagan should focus on Temple City. Mr. Riley presented a letter from Mr. Hutton's doctor relative to aggravation by noise that may increase nervous tension, and a letter from Robert P. Fowler, 4515 N. Fiesta, advising that his health and that of h.is.. wif..e__...was jeopardized by the noise of Natter Mfg. oper- ations. Mr. Riley summarized that he considered it a strong possibility that Municipal Code Section 9421 (5), relative to mechanical devices, might be applied to the situation. He stated that their committee had visited two similar industries that operate quietly, and you would never know they were carrying on a manufacturing operation when standing just outside the building, and that the machines at Natter Mfg. should also be insulated. He stated that merely cutting down the hours of operation to provide some relief is not sufficient to satisfy the complaint. He requested that the City Attorney represent the group at a nuisance action under Section 731 of the Code of Civil Procedure, and that the City Council vote a sum of money, $2000 recommended, to hire expert testimony for the citizens to prosecute, or the alternative if they hire an expert direct, that they consult with the committee as to when readings are taken. Dorman Charter, 9503 Gidley, administrator of the estate-of Locke, stated that-while he.was__wi th Mr. Riley's committee in spirit, he wished to keep the Locke estate clear of the proceedings. No one else came forward to speak against the matter. 1 1 Council Minutes, Adjourned Meeting September 25, 1969 . - Page 6 Mayor Harker invited those present who wished to speak in favor to come forward. Stanley Christiansen, Vice President and General Manager, Natter Mfg. Co., stated that he wished to restate a denial of any claims made against the corporation, _which had previously been stated by their attorney at the informal meeting held in the Sheriff's office. He advised that they were cooperating with the residents and had reduced the third shift since the Tuesday after Labor Day; that a sound en- closure had been erected whereby they had accomplished a 20% reduc- tion of noise; that the doors are closed at 9:30 p.m. each evening; and that they were investigating vibration dampering and would put vibration dampers under the press, however there was no admission on the part of the company that there was vibration since their own precision operations were not affected. He stated that they were now following up on spring type mounts in addition to the foundation . that .is_ already there. He advised that the company had volunteered, at the meeting at the Sheriff's Office, to meet with members of the committee, but that no one had come in to see them since that time, and that the invitation was still open for members of the committee to come in and see their machine shop. Mayor Harker proposed that with the information obtained, that the matter be referred to staff, and advised that the City, with the staff's assistance in getting any additional facts and acting as a mediator, could thus look into the matter deeper with the hope of avoiding the steps suggested by Mr. Riley. Councilman Briggs moved to close the Public Hearing and refer to staff for study and mediation, and report back to the Council at the regular meeting-to be held Tuesday, October 7, 1969, seconded by Councilman Merritt and unanimously carried. Mayor Harker advised that the testimony on the matter had been com- pleted, that the Public Hearing was now closed, and that the matter was now referred to staff for follow -up. 7. MATTERS FROM CITY OFFICIALS City Manager Koski presented a request from William Cole, Chairman of the Traffic Commission, to attend the Governor's Traffic Safety Conference in Sacramento, October :16 -17, 1969, in lieu of League of California Cities Conference. Councilman Briggs moved to approve, seconded by Councilman Merritt, and unanimously carried. City Manager Koski reported on Grand Jury hearings held this morning and afternoon, in which Councilman Tyrell participated, relative to law enforcement costs, wherein, hopefully, costs for these services may be reconciled so that they are justified and within the ability of contracting cities to remain customers of the Sheriff's Department. 8 ADJOURNMENT: There being no further business, Councilman Merritt moved to adjourn at 10:25 p.m., seconded by Councilman Briggs and unanimously carried. The next regular meeting of the Council will be held on Tuesday, October 7, 1969, at 7:30 p.m. in the Council Chambers of the City. Hall. ATTEST: B MAYOR