HomeMy Public PortalAboutCity Council_Minutes_1969-09-25_Regular 19691
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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.
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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